An applicant for a development activity or a change in land
use shall apply all of the required standards for a minimum one-hundred-foot
Buffer as described in this article. The minimum one-hundred-foot
Buffer shall be delineated in the field and shall be shown on all
applications as follows:
A. The minimum one-hundred-foot Buffer is delineated landward from:
(1) The mean high-water line of tidal water;
(2) The edge of each bank of a tributary stream; and
(3) The upland boundary of a tidal wetland.
B. The Buffer shall be expanded beyond the minimum one-hundred-foot Buffer as described in Subsection
A above and the minimum two-hundred-foot Buffer as described in Subsection
C below, to include the following contiguous land features:
(1) A steep slope at a rate of four feet for every 1% of slope or the
entire steep slope to the top of the slope, whichever is greater;
(2) A nontidal wetland to the upland boundary of the nontidal wetland;
(3) The one-hundred-foot Buffer that is associated with a nontidal wetland
of special state concern as stated in COMAR 26.23.06.01;
(4) For an area of hydric soils or highly erodible soils, the lesser
of:
(a)
The landward edge of the hydric or highly erodible soils; or
(b)
Three hundred feet where the expansion area includes the minimum
one-hundred-foot Buffer.
C. Applications for a subdivision or for a development activity on land
located within the RCA requiring site plan approval after July 1,
2008, shall include:
(1) An expanded Buffer in accordance with Subsection
B above; or
(2) A Buffer of at least 200 feet from a tidal waterway or tidal wetlands,
and a Buffer of at least 100 feet from a tributary stream, whichever
is greater.
D. The provisions of Subsection
C above do not apply if:
(1) The application for subdivision or site plan approval was submitted
before July 1, 2008, and legally recorded (subdivisions) or received
approval (site plans) by July 1, 2010.
(2) The application involves the use of growth allocation.
If approved by Federalsburg, disturbance to the Buffer is permitted for the following activities, provided mitigation is performed in accordance with an approved Buffer management plan as required per §
45-73 of this article:
A. A new development or redevelopment activity associated with a water-dependent
facility or located in an approved Buffer Management Area;
B. A shore erosion control activity constructed in accordance with COMAR
26.24.02, COMAR 27.01.04, and this chapter;
C. A development or redevelopment activity approved in accordance with
the variance provisions of this chapter;
D. A new development or redevelopment activity on a lot or parcel that
was created before January 1, 2010, where:
(1) The Buffer is expanded for highly erodible soil on a slope less than
15% or is expanded for a hydric soil and the expanded Buffer occupies
at least 75% of the lot or parcel;
(2) The development or redevelopment is located in the expanded portion
of the Buffer and not within the one-hundred-foot Buffer; and
(3) Mitigation occurs at a 2:1 ratio based on the lot coverage of the
proposed development activity that is in the expanded Buffer.
E. A new or replacement septic system on a lot created before May 4,
1994, where:
(1) The Caroline County Health Department has determined the Buffer is
the only available location for the septic system; and
(2) Mitigation is provided at a 1:1 ratio for area of canopy cleared
of any forest or developed woodland.
An applicant for a development activity, redevelopment activity
or a change in land use that occurs outside the Buffer, but is located
on a riparian lot or parcel that includes the minimum one-hundred-foot
Buffer, shall establish the Buffer in vegetation if the Buffer is
not fully forested or fully established in woody or wetland vegetation.
Federalsburg shall require a Buffer management plan in accordance
with the standards of this article.
A. The provisions of this section apply to:
(1) A new subdivision or a new lot;
(2) A lot or parcel that is converted from one land use to another;
(3) Development or redevelopment on a lot or parcel created before January
1, 2010.
B. The provisions of this section do not apply to the in-kind replacement
of a structure.
C. If a Buffer is not fully forested or fully established in woody or
wetland vegetation, the Buffer shall be established through planting
in accordance with COMAR 27.01.09.01-1.
An applicant for a development activity that includes disturbance
to the Buffer shall mitigate for impacts to the Buffer and shall provide
a Buffer management plan in accordance with the standards set forth
in this article.
A. Authorized development activities may include a variance, subdivision,
site plan, shore erosion control permit, building permit, grading
permit, septic system approved by the Caroline County Health Department
on a lot created before May 4, 1994, and special exception.
(1) All authorized development activities shall be mitigated according
to COMAR 27.01.09.01-2.
B. All unauthorized development activities in the Buffer shall be mitigated
at a ratio of 4:1 for the limit of disturbance in the Buffer.
C. Planting for mitigation shall be planted on site within the Buffer.
If mitigation planting cannot be located within the Buffer, then Federalsburg
may permit planting in the following order of priority:
(1) On site and adjacent to the Buffer.
(2) On site elsewhere in the Critical Area.
(3) A fee in lieu as referenced in §
45-74 below.
An applicant that is required to plant the Buffer to meet establishment
or mitigation requirements shall submit a Buffer management plan as
provided in COMAR 27.01.09.01-3 with the application for the specific
activity. The provisions of this article do not apply to maintaining
an existing grass lawn or an existing garden in the Buffer.
A. A Buffer management plan that includes planting for establishment
shall be submitted with all other application materials, clearly specify
the area to be planted and state if the applicant is:
(1) Fully establishing the Buffer;
(2) Partially establishing an area of the Buffer equal to the net increase
in lot coverage, or
(3) Partially establishing an area of the Buffer equal to the total lot
coverage.
B. Any permit for development activity that requires Buffer establishment
or Buffer mitigation will not be issued until a Buffer management
plan is approved by Federalsburg.
C. An applicant may not obtain final approval of a subdivision application
until the Buffer management plan has been reviewed and approved by
Federalsburg.
D. Federalsburg may not approve a Buffer management plan unless:
(1) The plan clearly indicates that all planting standards under §
45-72 of this chapter will be met; and
(2) Appropriate measures are in place for the long-term protection and
maintenance of all Buffer areas.
E. For a Buffer management plan that is the result of an authorized
disturbance to the Buffer, a permit authorizing final use and occupancy
will not be issued until the applicant:
(1) Completes the implementation of a Buffer management plan; or
(2) Provides financial assurance to cover the costs for:
(a)
Materials and installation; and
(b)
If the mitigation or establishment requirement is at least 5,000
square feet, long-term survivability requirements as set forth in
COMAR 27.01.09.01-2.
F. Concurrent with recordation of a subdivision plat, an applicant shall
record a protective easement for the Buffer.
G. If an applicant fails to implement a Buffer management plan, that
failure shall constitute a violation of this chapter.
(1) A permit for development activity will not be issued for a property
that has the violation.
H. An applicant shall post a subdivision with permanent signs prior
to final recordation in accordance with COMAR 27.01.09.01-2.
A fee in lieu of mitigation will be collected if the planting
requirements of the Buffer management plan cannot be fully met on
site, in accordance with the following standards:
A. Fee-in-lieu monies shall be collected and held in a special fund,
which may not revert to Federalsburg's general fund;
B. Fee-in-lieu shall be assessed at $1.50 per square foot of required
Buffer mitigation;
C. A portion of fee-in-lieu money can be used for management and administrative
costs; however, this cannot exceed 20% of the fees collected; and
D. Fee-in-lieu monies shall be used for the following projects:
(1) To establish the Buffer on sites where planting is not a condition
of development or redevelopment;
(2) For water quality and habitat enhancement projects as approved by
the Critical Area Commission or by agreement between Federalsburg
and the Critical Area Commission.
Shore erosion control measures are permitted activities within
the Buffer in accordance with the following requirements:
A. An applicant for a shore erosion control project that affects the
Buffer in any way, including, but not limited to, access, vegetation
removal and pruning, or backfilling, shall:
(1) Submit
a Buffer management plan in accordance with the requirements of this
section; and
(2) Comply fully with all of the policies and criteria for a shore erosion
control project stated in COMAR 27.01.04 and COMAR 26.24.
B. The Town, in reviewing any application for a permit for structural
erosion control devices, shall refer the application to the Soil Conservation
District and to the Maryland Department of the Environment for field
verification of the need for the structural erosion control as well
as for recommendations on proposed erosion control mechanisms.
(1) Any application made to the Town for the installation of an erosion
control device must, at a minimum, include the following information:
(a)
Photograph of erosion problem;
(b)
The specific location of the site on a USGS 7.5 minute topographic
map;
(c)
Soil type and erodibility;
(d)
Proposed and existing land use.
(2) Applications must include appropriate authorization from the Maryland
Department of the Environment and the United States Army Corps of
Engineers. Mitigation is required for any disturbance above mean high
water, including tree removal.
The Buffer shall be managed to achieve the water quality and habitat functions set forth in Article
XV of this chapter. Cutting or clearing of trees within the Buffer shall be prohibited, except that:
A. Commercial harvesting of trees by selection or by the clear cutting
of loblolly pine and tulip poplar may be permitted to within 50 feet
of the landward edge of the mean high-water line of tidal water and
perennial tributary streams, or the edge of tidal wetlands, provided
that this cutting is conducted in conformity with this chapter and
in conformance with a Buffer management plan prepared by a registered
professional forester and approved by the Maryland Department of Natural
Resources.
B. A Buffer management plan shall be required for all commercial harvests
within the Buffer, regardless of the size of the area to be cut, and
shall comply with the following minimum requirements:
(1) Disturbance to stream banks and shorelines shall be avoided;
(2) Areas disturbed or cut shall be replanted or allowed to regenerate
in a manner that assures the availability of cover and breeding sites
for wildlife and reestablishes the wildlife corridor function of the
Buffer;
(3) The cutting may not involve the creation of logging roads and skid
trails within the Buffer; and
(4) Commercial harvesting practices shall be conducted to protect and conserve the Habitat Protection Areas in accordance with Article
XV through Article
XVI of this chapter.
C. Commercial harvesting of trees, by any method, may be permitted to
the edge of intermittent streams, provided that the cutting is conducted
in accordance with a Buffer management plan and a standard erosion
and sediment control plan for harvest operations.
D. Forest and timbering operation within the Critical Area shall conform
to all other requirements of this chapter.