[Amended 5-4-2010]
State law created the Critical Area regulations. The Critical Area Act recognizes that the land immediately surrounding the Chesapeake Bay and its tributaries has the greatest potential to affect water quality and wildlife habitat and thus designated all lands and water areas within 1,000 feet of tidal waters or adjacent tidal wetlands and all waters of and lands under the Chesapeake Bay and its tributaries to the head of the tide as indicated on State wetlands maps as the "Critical Area." General regulations are defined in Section 8-1.02. State law requires that the Critical Area be divided into three types of development areas based on land uses in existence when the regulations were adopted in 1985: Intensely Developed Areas, Limited Development Areas, and Resource Conservation Areas. Descriptions of and regulations for each of these three subareas are outlined in Sections 8-1.03, 8-1.04 and 8-1.05, respectively.
The following regulations apply to all lands in the Critical
Area. Also see Section 2-10.03.A, Purpose and Section 2-10.03.B, District
Boundaries.
A.
Limitation on Uses in the Critical Area
1.
Agriculture in the Critical Area is permitted subject to the following:
a.
The creation of new agricultural land in the Critical Area District
shall not be accomplished:
i.
By diking, draining, or filling of any class or subclass of
palustrine wetland, which have a seasonally flooded or wetter water
regime, unless the wetlands are mitigated on a one-to-one basis and
the appropriate permits are obtained from the Maryland Department
of the Environment;
ii.
By clearing of forests or woodland on soils with a slope greater
than 15 percent; or on soils with a "K" value greater than 0.35 and
slope greater than five percent;
b.
The drainage of non-tidal wetlands for the purpose of agriculture
shall be done in accordance with a Soil Conservation and Water Quality
Plan, approved by the Soil Conservation District.
c.
Best Management Practices for the control of nutrients, animal wastes,
pesticides, and sediment runoff shall be used to protect the productivity
of the land base and enhance water quality. These practices shall
minimize contamination of surface and groundwater and, further, shall
minimize adverse effects on plants, fish, and wildlife resources.
d.
Animal feeding operations, including retention and storage ponds,
feed lot waste storage, and manure storage shall minimize the contamination
of water bodies.
e.
Agricultural activity permitted within the Critical Area shall use
Best Management Practices in accordance with a Soil Conservation and
Water Quality Plan approved by the Soil Conservation District.
2.
Non-Agricultural Uses in the Critical Area
a.
The following new development or redevelopment activities or facilities,
because of their intrinsic nature, or because of their potential for
adversely affecting habitats or water quality, are only permitted
in the Intensely Developed Area and only after the applicant has demonstrated
to all appropriate local and State permitting agencies that there
will be a net improvement in water quality of the adjacent body of
water. These activities include:
i.
Non-maritime heavy industry;
ii.
Transportation facilities and utility transmission facilities,
except those necessary to serve permitted uses, or where regional
or interstate facilities must cross tidal waters (utility transmission
facilities do not include power plants) or
iii.
Permanent sludge handling, storage and disposal facilities,
other than those associated with wastewater treatment facilities.
However, agricultural or horticultural use of sludge under appropriate
approvals when applied by an approved method at approved application
rates may be permitted in the Critical Area, except in the 100-foot
Buffer.
b.
Certain new development activities or facilities, or the expansion
of certain existing facilities, because of their intrinsic nature,
or because of their potential for adversely affecting habitat and
water quality, may not be permitted in the Critical Area unless no
environmentally acceptable alternative exists outside the Critical
Area, and these development activities or facilities are needed in
order to correct an existing water quality or wastewater management
problem. These include:
[Amended 5-4-2010]
c.
Existing, permitted facilities of the type noted in 2(a) and (b)
of this sub-section shall be subject to the standards and requirements
of the Maryland Department of the Environment.
[Amended 5-4-2010]
B.
Critical Area Text and Map Amendments
[Amended 5-4-2010]
2.
The Critical Area District provisions of the Zoning Ordinance and
the Critical Area maps shall be comprehensively reviewed at least
every six years.
3.
An amendment to the LDA, LDA-3, RCA, or IDA boundaries may be granted only upon proof of a mistake in the zoning existing at the time of adoption of the Critical Area law in 1985 (Critical Area Law, Section 8-1809(h) or by the use of Growth Allocation as per Section 8-1.06.
4.
For Critical area Program Refinements (pertains
to Section 8-1 of the Zoning Ordinance, Critical Area Maps and other
County regulations and programs that are pertinent to the Critical
Area Program). The County shall not adopt the refinements until the
Chairman of the Critical Area Commission has approved them.
5.
For Critical Area Program Amendments (pertains to
Section 8-1 of the Zoning Ordinance, Critical Area Maps and other
County regulations and programs that are pertinent to the Critical
Area Program), a panel of the Critical Area Commission will hold a
public hearing in the County. The panel will then make a recommendation
to the full Critical Area Commission. The County shall not adopt the
amendments until the Critical Area Commission has approved them.
6.
When the County submits a request for review and approval of changes
to any element of the County's Critical Area Program including, but
not limited to, the Zoning Ordinance, subdivision regulations, or
Critical Area Maps, the request shall include all relevant information
necessary for the Chairman of the Critical Area Commission, and as
appropriate, the Critical Area Commission, to evaluate the changes.
The Chairman, and as appropriate, the Critical Area Commission, shall
determine if the requests for program changes are consistent with
the purposes, policies, goals, and provisions of the Critical Area
Law and all criteria of the Critical Area Commission.
7.
In accordance with the determination of consistency as outlined in
Section 7 above, the Chairman of the Critical Area Commission, or
as appropriate, the Critical Area Commission shall:
[Amended 5-4-2010]
a.
Approve the proposed program refinement or amendment and notify the
County;
b.
Deny the proposed program refinement or amendment;
c.
Approve the proposed program refinement or amendment subject to one
or more conditions; or
d.
Return the proposed program refinement or amendment to the County
with a list of changes to be made.
C.
Public and Critical Area Commission Notification
[Amended 5-4-2010]
1.
Public Notification
a.
For all State and County Government major development projects and
other State and County projects not exempt as provided in Section
c, below, shall, as part of a project submittal to the Commission,
provide proof of the following:
i.
Public notice published in a newspaper of general circulation
in the area where the proposed development activity would occur;
ii.
A minimum 14 day comment period in the local jurisdiction in
which the proposed development activity will occur was provided; and
iii.
Certification that the property was posted.
b.
Proof of public notice and public comment shall include the following
minimum documentation:
i.
A copy of the notice as it appeared in the newspaper;
ii.
The name of the newspaper in which the notice appeared;
iii.
The date the notice appeared in the newspaper;
iv.
All copies of correspondence received as a result of the public
notice; and
v.
A list of any neighborhood associations contacted, if applicable.
c.
The following classes of development activities of State and local
governments in the Critical Area of the Chesapeake Bay are exempt
from the notice and comment requirement in Section 1 of this regulation:
i.
Any State or local agency development activity of local significance
on private lands or lands owned by local jurisdictions that have been
determined by the Commission to be consistent with the local Critical
Area Program as provided by COMAR 27.02.02 and for which the local
agency has submitted a consistency report relative to its Critical
Area Program;
ii.
Any State or local government development activity that is included
in a General Approval as provided by COMAR 27.02.03; and
iii.
Any State development activities on State lands for which the
Commission has approved a Memorandum of Understanding including notice
requirements.
2.
Critical Area Commission Notification
a.
Significant Actions in the Critical Area require Critical Area Commission
staff review. Any activity listed in Table 8-1.1 and indicated with
a "Y", is considered a Significant Action.
b.
Minor Actions in the Critical Area do not require Critical Area Commission
staff review. Any activity listed in Table 8-1.1 and indicated by
either an "N" or "NA" is considered a minor action.
c.
Significant actions in the Critical Area by the County require Critical
Area Commission staff review and a "Consistency Report" from the County.
d.
For activities that require notification, notification consists of
copies of preliminary site plans and subdivisions, grading and building
permit applications for activities that are not a site plan or subdivision
and complete variance applications. If comments are not received from
the Critical Area Commission within 30 days of notification to the
Commission, the County shall proceed with the review and potential
approval of these projects. The County will also submit copies of
final Site Plans and Subdivision to the Critical Area Commission.
No permits shall be issued until at least 30 days after the approval
of final site plans, subdivisions and variances.
|
Table 8-1.1
Require Notification to the Critical Area Commission (Yes/No/Not
Applicable)
[Amended 5-4-2010] | |||
|---|---|---|---|
|
Type of Application
|
IDA
|
LDA
|
RCA
|
|
Disturbance to Habitat Protection Areas*
|
Y
|
Y
|
Y
|
|
Physical disturbance to Buffer*
|
Y
|
Y
|
Y
|
|
Variance from Critical Area Regulations*
|
Y
|
Y
|
Y
|
|
Less than 5,000 sf disturbance
|
N
|
N
|
N
|
|
Between 5,000 and 15,000 sf of disturbance
|
N
|
N
|
Y
|
|
Greater than 15,000 sf of disturbance*
|
Y
|
Y
|
Y
|
|
Subdivision of three lots or fewer*
|
N
|
N
|
Y
|
|
Subdivision of four to ten lots*
|
N
|
Y
|
Y
|
|
Subdivision of greater than ten lots*
|
Y
|
Y
|
Y
|
|
Use of growth allocation
|
NA
|
Y
|
Y
|
|
Intrafamily transfer*
|
NA
|
NA
|
Y
|
|
Rezoning that occurs wholly or partially within the Critical
Area*
|
Y
|
Y
|
Y
|
|
Special exception or conditional use for industrial, commercial,
institutional, non-residential or multi-family*
|
N
|
Y
|
Y
|
|
Substantial alteration to applications previously submitted
to the Critical Area Commission
|
Y
|
Y
|
Y
|
|
Lot consolidation or reconfiguration
|
Y
|
Y
|
Y
|
|
* For columns in these rows indicated with a "Y", final subdivision
plats, final site plans, final decisions or orders shall be submitted
to the Critical Area Commission within 15 days of the decision.
|
|
Note: Shore erosion control measures and private piers that
do not involve disturbance to the Buffer, are constructed solely from
the water, including all construction related and staging activities,
and are permitted by MDE do not require Commission notification.
|
D.
Delay of Critical Area Permits for Approved Variances
[Amended 5-4-2010]
1.
Permits for activities that require a Critical Area variance shall
not be issued until at least 30 days have passed beginning from the
date the Critical Area Commission receives notice of the decision
of the Board of Appeals.
A.
Purpose and Goals
1.
Purpose. The purpose of the IDA is to serve as the area where future
intense development activities shall be directed.
2.
Goals. The following goals will guide development in the IDA:
a.
Improve the quality of runoff from developed areas that enters the
Chesapeake Bay or its tributary streams;
b.
Accommodate additional development of the type and intensity designated
by the local jurisdiction provided that water quality is not impaired;
c.
Minimize the expansion of intensely developed areas into portions
of the Critical Area designated as Habitat Protection Areas
d.
Conserve and enhance fish, wildlife, and plant habitats, to the extent
possible, within intensely developed areas; and
e.
Encourage the use of retrofitting measures to address existing stormwater
management problems.
B.
Area Boundaries
Boundaries are as shown on the official Calvert County Critical
Area Map as IDA.
C.
Designation of Intensely Developed Areas
1.
Intensely Developed Areas are those areas within the Critical Area
District where residential, commercial, institutional, and/or industrial
developed land uses predominate, and where relatively little natural
habitat occurs. At the time of the initial mapping, these areas shall
have had at least one of the following features:
a.
Housing density is equal to or greater than four dwelling units per
acre;
b.
Industrial, institutional, or commercial uses are concentrated in
the area; or
c.
Public sewer and water collection and distribution systems are currently
serving the area and housing density is greater than three dwelling
units per acre.
2.
In addition, these features (1.a, b and c above) shall be concentrated
in an area of at least 20 adjacent acres, or that entire upland portion
of the Critical Area within the boundary of a municipality, whichever
is less.
D.
Permitted Uses
Uses permitted in the underlying district are permitted as long
as they meet the conditions of Section 8-1.03.F.
E.
Special Exception Uses
Uses allowed as special exceptions may also be allowed as long
as they meet the conditions in Section 8-1.03.F.
F.
Criteria for Development in the Intensely Developed Area
1.
In addition to the development requirements contained in Articles 4, 5, 6 and 7 of this Zoning Ordinance, development and redevelopment shall be subject to the criteria contained in Section 8-1.08, Habitat Protection Areas.
2.
Stormwater:
a.
The Department of Planning and Zoning shall require, at the time
of development or redevelopment, technologies as required by applicable
State and local ordinances to minimize adverse impacts to water quality
caused by stormwater.
b.
In the case of redevelopment, if these technologies do not reduce
pollutant loadings by at least 10% below the level of pollution on
the site prior to redevelopment, then offsets as described in Section
8-1.03.F.2.d shall be provided to achieve this 10% reduction.
c.
In the case of new development, if these technologies do not reduce
pollutant loadings by at least 10% below the level of pollution on
the site prior to development, then offsets as described in Section
8-1.03.F.2.d and as determined by the County Engineer shall be used
if they reduce pollutant loadings by at least 10% of the pre-development
levels.
d.
Offsets may be provided either on or off site, provided that water
quality benefits are equivalent, that their benefits are obtained
within the same watershed, and that the benefits can be determined
through the use of modeling, monitoring, or other computation of mitigation
measures. The offsets shall be approved by the County Engineer.
e.
The 10% reduction shall be calculated in the manner developed by
the Critical Area Commission in its document entitled "Critical Area
10% Rule Guidance Manual - Fall 2003", and as amended from time to
time.
f.
To meet the 10% reduction requirement, priority shall be given to
planting pervious areas with native vegetation. Examples of acceptable
offsets include but are not limited to:
[Amended 5-4-2010]
i.
Installing a new BMP in an existing urbanized area not already
served by a stormwater BMP (NOTE: No offset credits can be taken for
a new BMP that is already required under State Stormwater law).
ii.
Installing or financing an agricultural BMP in the Resource
Conservation Area.
iii.
Modifying an existing stormwater BMP to improve its pollutant
removal capability.
iv.
Modifying a public storm sewer network to trap pollutants (e.g.,
modify catchbasins, installing plate separators or swirl concentrators).
v.
Establishing a forested buffer strip in an existing developed
or cropped area where one does not presently exist.
3.
If practicable, permeable areas shall be established in native vegetation,
and whenever possible, redevelopment shall reduce existing levels
of pollution.
4.
Areas of public access to the shoreline, such as foot paths, scenic
drives, and other public recreational facilities, should be maintained
and are encouraged to be established within Intensely Developed Areas.
Such areas should be pervious where feasible.
5.
Ports and industries which use water for transportation and derive
economic benefits from shore access, shall be located near existing
port facilities. The Board of County Commissioners may identify other
sites for planned future port facility development and use, if this
use will provide significant economic benefit to the State or County
and is consistent with the provisions of Article 3, and Sections 8-2
and 9-7, and State and Federal regulations.
6.
To the extent practicable, future development shall use cluster development
as a means to reduce impervious areas and to maximize areas of natural
vegetation.
7.
When the cutting or clearing of trees in forests and developed woodland
areas is associated with current or planned development activities,
the following are required and require approval from the Department
of Planning and Zoning:
[Amended 5-4-2010]
A.
Purpose and Goals
1.
Purpose. The purpose of the LDA and LDA-3 is to serve as areas for
low or moderate intensity development.
2.
Goals. The following goals will guide development in the LDA:
a.
Maintain or, if possible, improve the quality of runoff and ground
water entering the Chesapeake Bay and its tributaries;
b.
Maintain, to the extent practicable, existing areas of natural habitat;
and
B.
Area Boundaries
Boundaries are as shown on the official Calvert County Critical
Area Map as LDA or LDA-3.
C.
Designation of Limited Development Areas
Limited Development Areas are those areas within the Critical
Area District which are currently developed in low or moderate intensity
uses. They also contain areas of natural plant and animal habitats,
and the quality of runoff from these areas has not been substantially
altered or impaired. At the time of the initial mapping, these areas
shall have had at least one of the following features:
1.
Housing density ranging from one dwelling unit per five acres up
to four dwelling units per acre;
2.
Areas not dominated by agriculture, wetland, forest, barren land,
surface water, or open space;
3.
Areas meeting the conditions of Section 8-1.03.C.1, but not Section
8-1.03.C.2;
4.
Areas having public sewer or public water, or both.
D.
Density Limitation
1.
In the LDA, the maximum density is four dwelling units per acre.
If the primary zoning district is more restrictive, then those regulations
apply.
2.
All properties which are designated LDA-3 shall have a minimum lot size of three acres except for those one-acre lots created under Section 5-1.02 of the Zoning Ordinance which can not be accommodated outside of the Critical Area and those created under the residential cluster development Section 5-2.01 of the Zoning Ordinance.
E.
Permitted Uses
Uses permitted in the underlying district are permitted as long
as they meet the conditions of Section 8-1.04.G.
F.
Special Exception Uses
Uses allowed as special exceptions may also be allowed as long
as they meet the conditions in Section 8-1.04.G.
G.
Criteria for Development, Redevelopment, and Maintenance
In addition to State law and the development requirements contained
in Articles 4, 5, 6 and 7 of this Ordinance, the following regulations
shall apply:
1.
For development and redevelopment, the owner or agent of the owner
is required to identify and locate any environmental or natural features
described in this Section, and shall meet all of the following standards
of environmental protection:
a.
Criteria as required for the Habitat Protection Areas in Section 8-1.08 and those for the Water-Dependent Facilities in Section 9-7.
b.
Roads, bridges, or utilities in any portion of the Critical Area shall not be located in habitat protection area (Section 8-1.08 and COMAR 27.01.09), unless there is no feasible alternative. If the location of a road, bridge or utility in a habitat protection area is authorized under Section 8-1.04.G.1.b. above, the design, construction, and maintenance of the road, bridge or utility shall be conducted so as to:
[Amended 5-4-2010]
i.
Provide maximum erosion protection;
ii.
Minimize negative impact on wildlife, aquatic life, and their
habitats;
iii.
Maintain hydrologic processes and water quality;
iv.
Reduce or maintain existing levels of flooding attributable
to the development activity;
v.
Retain tree canopy so as to maintain stream water temperature
within normal variation;
vi.
Provide a natural substrate for streambeds; and
vii.
Minimize adverse water quality and quantity impacts of stormwater.
c.
All development sites shall incorporate a wildlife corridor system
that connects the largest undeveloped, or most vegetative tracts of
land within and adjacent to the site in order to provide continuity
of existing wildlife and plant habitats with offsite habitats. The
wildlife corridor system may include Habitat Protection Areas. The
establishment of conservation easements, restrictive covenants, or
similar instruments through which the corridor is preserved by public
or private groups, including homeowners associations, nature trusts,
and other organizations is required before final approval of the site
plan or subdivision may be granted.
d.
Development on slopes greater than or equal to 15%, as measured before development, shall be prohibited unless the project is the only effective way to maintain or improve the stability of the slope, and is consistent with the policies in Section 8-1.04 of this Ordinance. For new subdivisions, slopes greater than or equal to 15% shall be platted as "steep slope conservation areas" unless a variance has been granted to disturb these slopes.
[Amended 5-4-2010]
e.
To reduce stormwater runoff, lot coverage shall be limited as described
below:
[Amended 5-4-2010]
i.
In general, lot coverage is limited to 15% of a lot or parcel.
ii.
If a parcel or lot existed on or before December 1, 1985 in
the Chesapeake Bay Critical Area and is one-half acre or less in size,
then the lot coverage is limited to 25% of the lot or parcel.
iii.
For lots of one acre or less in size, as part of a subdivision
approved after the adoption of this amendment (05/4/2010), the lot
coverage shall be limited to 15% of the entire parcel being subdivided.
The lot coverage on each lot may exceed 15% as long as the lot coverage
over the entire parcel being subdivided does not exceed 15%.
iv.
Lots created after December 1, 1985 or properly permitted in
accordance with this ordinance and impervious surface policies in
effect prior to July 1, 2008 may be considered "legally non-conforming"
for purposes of lot coverage requirements.
v.
Lot coverage limits do not apply to a manufactured home community
that was in residential use on or before December 1, 1985 in the Critical
Area.
vi.
A walkway or stairway through the Buffer that provides direct
access to a pier is not included in lot coverage calculations.
vii.
There is no allowable, by right, percentage of lot coverage
within the 100-Foot Buffer. Exceptions include projects defined as
water-dependent facilities, projects in a Special Buffer Management
Area, and variances granted by the Board of Appeals.
viii.
Addition or alteration of any lot coverage including but not
limited to sidewalks, paving of driveways, construction of sheds,
decks, etc. requires either a grading exception, grading permit, or
building permit.
ix.
For grandfathered lots of record
that predate the Critical Area Program, a local government may allow
a property owner to exceed the lot coverage limits outlined above
and comply with the lot coverage limits set forth in the table below
if the following requirements are met:
(1)
Lot coverage associated with new development activities has
been minimized;
(2)
Water quality impacts associated with runoff from development
activities that contribute to lot coverage have been minimized; and
(3)
The property owner performs on-site mitigation or pays a fee-in-lieu
of mitigation as required by the local jurisdiction to offset potential
adverse water quality impacts.
|
Table 8-1.2
Lot Coverage Limitations
[Amended 5-4-2010] | |
|---|---|
|
Lot/Parcel Size
(in square feet)
|
Lot Coverage Limit
|
|
0 - 8,000
|
25% of lot/parcel plus 500 square feet*
|
|
8,001 - 21,780
|
31.25% of lot/parcel*
|
|
21,781 - 36,300
|
5,445 square feet*
|
|
Greater than or equal to 36,301
|
15% of lot/parcel
|
|
* (i) the property owner shall perform mitigation as per Section
8-1.04.G.3 for the square feet of added lot coverage above 15 percent
of the parcel, or
|
|
* (ii) if paragraph (i) is not feasible, the property owner
may pay a fee-in-lieu of performing the on-site mitigation equal to
$1.20 multiplied by the area in square feet of the new Lot Coverage
that exceeds 15 percent of the lot/parcel. All fees-in-lieu collected
under this Section will be placed in the Critical Area fees-in-lieu
fund to support projects that improve water quality.
|
x.
Grandfathering Provisions
(1)
The lot coverage provisions do not apply to development projects
for which a building permit was issued before July 1, 2008 as long
as construction is initiated and an inspection is performed by July
1, 2009. Impervious surface limits existing at the time of permit
approval do apply to these permitted projects.
(2)
Projects that are under design may be exempted from the strict
application of the lot coverage provisions if: An application for
a building permit or grading permit is filed by October 1, 2008, and
the permit is issued by January 1, 2010; or if an initial application
for development is filed by October 1, 2008, and the development plan
is approved by July 1, 2010. In addition, projects under design must
meet the following requirements: There must be a detailed lot coverage
plan, drawn to scale, showing the amounts of impervious surface area,
partially pervious surface area, and developed pervious surface area
for the project. The lot coverage plan must be approved by the local
government and maintained in the local jurisdiction's files, and the
development plan must remain valid in accordance with local procedures,
except that a moratorium or an adequate public facilities ordinance
cannot terminate the validity of an approved development plan for
purposes of lot coverage.
(3)
Development plans and lot coverage plans may be modified with
appropriate permits; however, the amounts of impervious surface, partially
pervious, and developed pervious areas cannot be increased beyond
set limits. Reductions in these areas are permitted.
(4)
Projects, including new subdivisions, for which an initial application
for development is filed by October 1, 2008 and approval is obtained
by July 1, 2010, but for which there is no approved lot coverage plan,
will be required to comply with all of the lot coverage provisions.
xi.
For lot coverage on split parcels
and growth allocation envelope sites, lot coverage shall be limited
as follows:
f.
Modifications in road standards to reduce potential impacts to the
site and Critical Area resources will be allowed where the reduced
standards do not affect safety.
g.
To reduce the extent of impervious areas and maximize areas of natural
vegetation, cluster development shall be encouraged as the preferred
development method.
h.
If less than 15 percent forest cover is established on proposed development
sites, these sites shall be planted to provide a forest or developed
woodland cover of at least 15 percent of the lot area within the Critical
Area.
2.
For the maintenance of forest and developed woodland in the Limited
Development Area, the following standards apply:
a.
The recommendations, when provided, of the Maryland Department of
Natural Resources shall be followed;
b.
Development activities shall be designed and implemented to minimize
destruction of forest and developed woodland vegetation; and a Developed
Woodland Management Plan (DWMP) shall be submitted to the Department
of Planning and Zoning. The Department of Planning and Zoning may,
at its discretion, send the DWMP to the Maryland Department of Natural
Resources for review and comment. The DWMP shall include methods for:
[Amended 5-4-2010]
i.
Minimizing forest loss; and
ii.
Maintaining the health of the existing or remaining forest;
and
iii.
Maintaining the functions of the forest or developed woodland
area relative to removing stormwater, preventing flooding, providing
habitat, controlling runoff and the uptake of nutrients and other
pollutants; and
iv.
Removal or inhibition of invasive species; and
v.
Mitigation as per Section 8-1.04.G.3.
3.
For the cutting or clearing of natural vegetation in forests and
developed woodland areas within the Limited Development Area, a permit
is required and the following criteria apply:
[Amended 5-4-2010]
a.
If no more than 6,000 square feet or 20 percent (whichever is greater)
of natural vegetation is cleared, replacement on an equal area basis
(1:1) is required. The remaining natural vegetation shall be designated
on the permit to remain in natural vegetation in perpetuity.
b.
If more than 6,000 square feet and more than 20 percent, but less
than 30 percent, of natural vegetation is cleared, replacement required
for the amount of clearing is one-and-a-half times the area of the
entire clearing (1 1/2: 1). The remaining natural vegetation
shall be designated on the permit to remain in natural vegetation
in perpetuity.
c.
Clearing of forest or developed woodland in excess of 30% is prohibited.
If Board of Appeals approval is obtained and more than 6,000 square
feet and more than 30 percent of natural vegetation is cleared, replacement
on a three-to-one (3:1) basis is required. The remaining natural vegetation
shall be designated on the permit to remain in natural vegetation
in perpetuity.
d.
No person shall cut or clear natural vegetation, or cause natural
vegetation to be cut or cleared before a permit for such cutting or
clearing has been issued by the Department of Planning and Zoning;
or in excess of the amount permitted in a permit issued by the Department
of Planning and Zoning.
e.
Clearing or alteration of vegetation inconsistent with this Section or unauthorized clearing or alteration of vegetation prior to having obtained the required permit shall be subject to fines and mitigation as described in Section 8-1.09.
f.
The area of vegetation planted to mitigate these requirements shall
be designed to replicate a natural forest and shall be planted in
accordance with Tables 8-1.4, 8-1.5 and 8-1.6. Guidance on allowed
tree and shrub species and coverages are given in the document entitled,
"Calvert County Native Plant List" which has been adopted by the Board
of County Commissioners and is available from the Department of Planning
and Zoning.
4.
Bonding
a.
A person required to conduct replanting as part of a mitigation plan
or afforestation requirement shall post a bond or other financial
security to insure compliance with the mitigation plan.
[Amended 5-4-2010]
b.
Requirements
i.
Financial security shall be furnished in the form of a surety
bond, an irrevocable letter of credit, cash bond, certificate of guarantee,
or other surety as authorized from time to time by the Board of County
Commissioners and approved by the Office of the County Attorney. The
surety shall:
(a)
Name the Board of County Commissioners as obligee;
(b)
Assure that the mitigation replanting is conducted in accordance
with the approved mitigation plan;
(c)
Be in an amount equal to 1.0 times the cost as approved by the
Department of Planning and Zoning of performing the mitigation plus
review and inspection fee, as set by the County Commissioners, to
cover the costs of inspections and handling of the bond. This fee
will be submitted with the bond and will not be reimbursed, but placed
in the Critical Area Fees-in-lieu fund;
[Amended 5-4-2010]
(d)
Remain in force until all requirements of the mitigation plan
have been fulfilled to the satisfaction of the Department of Planning
and Zoning.
ii.
The surety may not be cancelled by the issuing entity unless
both of the following requirements are fulfilled:
(a)
The issuer notifies the Board of County Commissioners and the
principal of its intention to cancel the surety, in writing, by registered
mail, not less than 90 days before cancellation; and
(b)
At least 45 days before the cancellation date indicated in the
notice, the principal files a commitment from another entity to provide
a substitute surety that will be effective on the cancellation date
indicated in the notice.
c.
Forfeiture of Surety.
i.
The surety shall be subject to forfeiture if the principal fails
to comply with the mitigation plan.
ii.
Before forfeiture of the surety, the Board of County Commissioners
shall notify the principal and the issuer, by certified mail, of the
failure of the principal to comply with the mitigation plan and shall
give the principal 30 days to come into compliance.
iii.
If the principal fails to come into compliance within the 30-day
period, the surety shall be forfeited and the County and its agents
shall be allowed access to the property to accomplish the previously
bonded planting.
[Amended 5-4-2010]
d.
Release of Surety.
i.
Bonds will be held for one year from the planting season (March
15-May 15 and September 15-November 30) following or concurrent with
the planting.
ii.
If, after the time period described in paragraph 'i' above,
the survival of the plantings associated with the mitigation plan
meets or exceeds the standards of the mitigation plan, the amount
of the surety shall be released minus the administration fee.
[Amended 5-4-2010]
5.
Grading permits or grading exemptions shall be required before forest
or developed woodland is cleared or graded.
6.
If there is not sufficient area on the site to plant the required
reforested area, the Department of Planning and Zoning shall collect
fees-in-lieu from the owner. The amount of the fees-in-lieu shall
be established by the Board of County Commissioners. The fees-in-lieu
shall be used for urban forestry, invasive species eradication and
control, or to plant native woody vegetation in the following types
of areas:
[Amended 5-4-2010]
a.
State, County, and private lands in need of reforestation, Buffers,
or habitat corridors
b.
Severely eroding land (non-farm)
c.
Severely eroding farm land
d.
Unreclaimed surface mines which were abandoned prior to the current
reclamation regulations
e.
Fallow fields
f.
Community open space
g.
Currently operating surface mines
h.
Abandoned pastures
i.
Subdivision lots
j.
Replanting of forested areas following the eradication of invasive
species that have effectively destroyed a native forested area.
7.
If reforestation exceeds 100 percent of the areal extent of forest
lost in the Critical Area, then the remaining funds may be used for
the following activities in priority order within the Critical Area:
8.
All forests designated on subdivision plats and site plans shall
be maintained to the extent practicable, through conservation easements,
restrictive covenants, or other protective instruments. For subdivisions,
forest areas to be retained shall be shown on the preliminary plan
and record plat as Forest Preservation Areas (FPA). For site plans
and plot plans, forest areas to be retained shall be shown on the
plan as Forest Preservation Areas. The following note shall be added
to all plans and plats: Forest Preservation Areas shall remain undisturbed
for water quality benefits and to provide habitat for wildlife. No
clearing or removal of vegetation shall be allowed in the Forest Preservation
Area unless a habitat protection plan is developed and approved by
the Department of Planning and Zoning and a grading permit or grading
exemption is also approved.
9.
The following regulations apply for cutting or clearing of forests
or developed woodland for utility corridors and percolation tests:
a.
For percolation tests, reforestation or payment of fees-in-lieu shall
be required for clearing corridors greater than 12 feet in width.
Clearing for percolation access should be limited and removal of trees
greater than six inches in diameter should be avoided. Clearing for
percolation test sites shall be limited to the number of test sites
required by the Health Department and shall not exceed a total of
2,500 square feet per test site (does not include area cleared for
access). If clearing will exceed 2,500 square feet for the percolation
test sites, then a grading permit and reforestation or payment of
fees-in-lieu shall be required.
b.
If these areas, which are exempt from reforestation and fees-in-lieu,
are later changed to another development use (e.g., access lanes to
percolation test sites become roadways) these areas will be considered
as having been forested in calculations of clearing limits and clearing
mitigation.
c.
Clearing in public utility rights-of-way should be minimized to the
greatest extent possible, may exceed 30 percent of the right-of-way,
and required mitigation will be on an equal area basis as described
in Section 8-1.04.G.3. Those portions of utility corridors in which
small trees and shrubs are maintained will be exempt from reforestation
requirements. Trees or their limbs that may strike utility lines or
structures may be removed without reforestation if small trees and
shrubs are maintained.
d.
A grading permit or grading exemption shall be obtained for the following
clearing activities associated with percolation test sites and utility
corridors:
i.
Total clearing for percolation test site areas per proposed
lot exceed 2,500 square feet.
ii.
Proposed utility corridors or percolation access lanes are greater
than 12 feet in width.
iii.
For any-sized utility corridor or percolation access lane proposed
in a habitat protection area such as a waterway Buffer or wetland
Buffer, wetland, rare, threatened, or endangered species habitat,
or forest dwelling bird habitat.
e.
Abandoned utility corridors, percolation access and percolation site
areas shall be allowed to naturally regenerate unless, at time of
development, these areas have been mitigated for by reforestation
or payment of fees-in-lieu.
i.
Though mitigation requirements for clearing for utility corridors
are as described in this Section, the limits to the percentage allowed
to be cleared do not apply to utility corridor rights-of-way. These
clearing limits do not apply to public road rights-of-way which are
external to subdivisions. Though clearing should be minimized, up
to 100 percent of these rights-of-way may be cleared. Mitigation for
clearing public road rights-of-way that are external to subdivisions
is on a one-for-one basis.
ii.
Offsite mitigation is allowed for public entities including
public utilities with the following conditions:
(a)
It is on a site within the Calvert County Critical Area (excluding
Chesapeake Beach and North Beach);
(b)
It is on property owned by the public entity;
(c)
The mitigation meets the requirements of the Calvert County
Critical Area Program in Section 8-1.04.G.3; and
(d)
A planting plan is submitted to and approved by the Department
of Planning and Zoning.
10.
The following regulations apply for development of slopes greater
than 15% and highly erodible soils:
a.
Super silt fence shall be installed and maintained around the disturbed
area until grading is stabilized with vegetative cover.
b.
After final grading, erosion control matting or sod shall be installed
over the entire area of disturbed soil.
c.
Stormwater management measures shall be consistent with the requirements
of the Calvert County Stormwater Management Ordinance. (Chapter 123
of the Code of Calvert County).
A.
Purpose and Goals
1.
Purpose. The RCA is chiefly designated for agriculture, forestry,
fisheries activities, other resource utilization activities and for
habitat protection. Development is limited in the Resource Conservation
Area.
2.
Goals. The following goals will guide development in the RCA:
a.
Conserve, protect, and enhance the overall ecological values of the
Critical Area, its biological productivity, and its diversity;
b.
Provide adequate breeding, feeding, and wintering habitats for those
wildlife populations that require the Chesapeake Bay, its tributaries,
or coastal habitats in order to sustain populations of those species;
c.
Conserve the land and water resource base that is necessary to maintain
and support land uses such as agriculture, forestry, fisheries activities,
and aquaculture; and
d.
Conserve the existing developed woodlands and forests for the water
quality benefits that they provide.
B.
Area Boundaries
Boundaries are as shown on the official Calvert County Critical
Area Map as RCA.
C.
Designation of Resource Conservation Areas
Resource Conservation Areas are those areas within the Critical
Area District characterized by nature-dominated environments (that
is, wetlands, forests, abandoned fields) and resource-utilization
activities (that is, agriculture, forestry, fisheries activities,
or aquaculture). At the time of the initial mapping, these areas shall
have had at least one of the following features:
D.
Density Limitation
1.
Land within the Resource Conservation Area may be developed for residential
uses at a density not to exceed one dwelling unit per 20 acres. Within
this limit of overall density, minimum lot sizes shall be in accordance
with the requirements of Article 5 of this Zoning Ordinance.
2.
In calculating the one-dwelling-unit-per-20-acre density of development
that is permitted on a parcel located within the Resource Conservation
Areas, the area of any private or State tidal and non-tidal wetlands
located on the property shall not be included.
3.
An accessory apartment will not be considered an additional dwelling
unit if the criteria under either paragraph 'a' or paragraph 'b' and
paragraphs 'c' through 'e' of this Section are met.
a.
The accessory apartment is located within the primary dwelling unit
or its entire perimeter is within 100 feet of the primary dwelling
unit; the accessory apartment does not exceed 900 square feet in total
enclosed area; and the accessory apartment is served by the same sewage
disposal system as the primary dwelling unit; or
b.
The accessory apartment is located within the primary dwelling unit;
by its construction, the accessory apartment does not increase the
amount of lot coverage already attributed to the primary dwelling
unit; and the accessory apartment is served by the same sewage disposal
system as the primary dwelling unit.
[Amended 5-4-2010]
c.
An additional dwelling unit meeting all the criteria of this Section
that is separate from the primary dwelling unit may not be subdivided
or conveyed separately from the primary dwelling unit.
d.
The provisions of this Section apply to density calculations only
and may not be construed to authorize the County to grant a variance,
unless the variance is granted in accordance with the requirements
and standards in this Ordinance for variances in the Critical Area.
e.
The County shall maintain records of all building permits issued
under this Section for additional dwelling units considered part of
a primary dwelling unit, and shall provide this information on a quarterly
basis to the Critical Area Commission.
E.
Permitted Uses
Uses permitted in the underlying district are allowed as long
as they meet the conditions of Section 8-1.05.G.
F.
Special Exception Uses
Uses allowed as special exceptions may also be allowed as long
as they meet the conditions in Section 8-1.05.G.
G.
Criteria for Development
1.
In addition to the development requirements contained in Articles
4, 5, 6 and 7 of this Ordinance, development activities in the Resource
Conservation Area shall comply with the following regulations:
a.
Development activity within the Resource Conservation Area shall
be in accordance with the criteria for the Limited Development Area
(Section 8-1.04.G).
b.
Land use management practices shall be consistent with the policies and criteria for Habitat Protection Areas (Section 8-1.08).
c.
Agricultural and conservation easements are strongly encouraged in
Resource Conservation Areas.
d.
Existing industrial, commercial and institutional facilities, including those that directly support agriculture, forestry, aquaculture, or residential development not exceeding the density specified in Section 8-1.05.D shall be allowed in Resource Conservation Areas. Expansion or intensification of such uses may be permitted only in accordance with the grandfathering or non-conforming use provisions of Sections 2-6 and 8-1.07. Additional land may not be zoned for industrial or commercial development, except as provided in Section 8-1.06.
e.
The Department of Planning and Zoning shall ensure that the overall
acreage of forest and woodland within the Resource Conservation Areas
does not decrease by:
f.
Nothing in this Section shall limit the ability of a participant
in the Agriculture Land Preservation Program to convey real property
with such a conservation easement to family members provided that
no such conveyance will result in a density greater than one dwelling
unit per 20 acres except as described in the following Section.
g.
For lot coverage on split parcels, lot coverage shall be limited
as follows:
[Amended 5-4-2010]
H.
Intrafamily Transfers
1.
Bona fide intrafamily transfer lots may be created only from parcels
of land that:
2.
A parcel of land may only be subdivided into the number of lots indicated
in this subsection by means of a bona fide intrafamily transfer:
a.
After subtracting out the tidal wetlands, a parcel that is seven
acres or more and less than 12 acres in size may be subdivided into
two lots.
[Amended 5-4-2010]
b.
After subtracting out the tidal wetlands, a parcel that is 12 acres
or more and less than 60 acres in size may be subdivided into three
lots. Two of the lots shall be intrafamily transfer lots and shall
be recorded as such. The lots may be created at different times.
[Amended 5-4-2010]
3.
It is required as a condition of approval that:
a.
An intrafamily transfer lot may only be created for an immediate
family member and that family member shall be identified on the subdivision
preliminary and final plats.
b.
Any deed for a lot that is created by a bona fide intrafamily transfer
shall identify the member of the family to receive the lot and contain
a covenant stating that the lot is created subject to the provision
of this Section; and
c.
A lot created by a bona fide intrafamily transfer may not be conveyed
subsequently to any person other than the person identified in paragraphs
3. a and b of this Section, except under procedures established pursuant
to paragraph '4' of this Section.
d.
This subsection does not prevent the conveyance of the lot to a third
party as security for a mortgage or deed of trust.
e.
The number of intrafamily lots created shall be limited to one per
immediate family member.
4.
The subsequent conveyance of lots to persons other than immediate
family members is permitted if the following conditions are met:
a.
the lot was created as part of a bona fide intrafamily transfer and
not with the intent of subdividing the original parcel of land for
purposes of ultimate commercial sale; and
b.
the Planning Commission determines that either:
i.
a change in circumstances, including but not necessarily limited
to declining health, military or professional transfer, divorce or
death, has occurred since the original transfer was made that is not
inconsistent with this Section and that warrants an exception; or
ii.
other circumstances that are consistent with this Section and
with the County's Critical Area Program to maintain land areas necessary
to support the protective uses of agriculture, forestry, open space,
and natural habitats in Resource Conservation Areas warrant an exception.
c.
an affidavit affirming the truth of the requirements of subparagraph
'b.i and/or b.ii is signed by the family member who received the lot
through the intrafamily transfer provisions.
d.
if the legal recipient of the intrafamily transfer lot wishes to
convey the lot to persons other than immediate family members prior
to maintaining ownership of this lot for seven years:
i.
a change of circumstance must be demonstrated (as in paragraph
'b.i' of this Section) and
ii.
five Transferable Development Rights shall be applied or the
equivalent value as set by the Board of County Commissioners shall
be paid into the County Purchase and Retirement (PAR) fund or the
Leveraging and Retirement (LAR) program prior to the transfer using
the following formula:
|
Table 8-1.3
| |
|---|---|
|
# of Years of Ownership
|
# of TDRs to be Paid
|
|
Up to 2 years
|
5 TDRs
|
|
> 2 years and < 7 years
|
7 years minus # of years of ownership. The difference shall
be multiplied by 1TDR per year.
|
J.
Cove Point Liquid Natural Gas (LNG) Facility
1.
Calvert County recognizes the industrial nature of the Cove Point
LNG Facility's industrially zoned property within the Critical Area
boundary and hereby acknowledges the Cove Point LNG Facility's right
to operate, maintain or replace the underground tunnel and pipeline
facilities and all above-ground buildings, pipelines and appurtenant
facilities, including but not limited to, any excavation required
to access underground facilities and the maintenance of a corridor
above the underground facilities, and shall be further permitted to
undertake any construction or other acts required for the operation
of the LNG terminal, including those required for compliance with
any Federal, State or County laws, orders or regulations.
2.
If disturbance to the 100-foot vegetative Critical Area Buffer is
required to accomplish the foregoing, the owner of the Cove Point
LNG facility shall reestablish the vegetation in this Buffer.
K.
Certification of Transferable Development Rights Within the Critical
Area
1.
Under the County's Agricultural Preservation Program, for Agricultural
Preservation Districts recorded prior to July 1, 2009, property in
the Resource Conservation Area is eligible for the same number of
Transferable Development Rights as properties located outside the
Critical Area.
2.
For Agricultural Preservation Districts recorded after July 1, 2009,
the Board of County Commissioners shall certify TDRs separately for
lands in the Critical Area, and such lands shall be allocated one
TDR for every four acres of land in the RCA.
3.
Such TDRs may only be applied to land outside the Critical Area.
A.
Intensely Developed and Limited Development Areas.
1.
The area of expansion of Intensely Developed or Limited Development
Areas, or both, shall not exceed an area equal to five percent of
the Resource Conservation Area lands that are not tidal wetlands or
Federally owned;
2.
When planning future expansion of Intensely-Developed and Limited
Development Areas, the Board of County Commissioners will cooperate
with the municipalities of North Beach and Chesapeake Beach to establish
a process to accommodate the growth needs of the municipalities.
B.
When locating new Intensely Developed or Limited Development Areas,
the Board of County Commissioners shall use the following standards:
[Amended 5-4-2010]
1.
Locate new Intensely Developed Areas in Limited Development Areas
or adjacent to an existing Intensely Developed Area and within growth
areas defined by the Comprehensive Plan. New IDAs must be at least
20 acres in size unless:
[Amended 5-4-2010]
a.
They are contiguous to an existing IDA or LDA; or
b.
Grandfathered commercial, industrial or institutional uses existed
as of the date of local Critical Area Program approval (December 13,
1988). The amount of growth allocation deducted shall be the equivalent
to the area of the entire parcel or parcels subject to the growth
allocation request.
2.
Locate new Limited Development Areas adjacent to an existing Limited
Development Areas or Intensely Development Areas;
[Amended 5-4-2010]
3.
Except as provided in Paragraph '6' of this Section, no more than
half of the expansion allocated in the Critical Area Commission Criteria
may be located in Resource Conservation Areas;
[Amended 5-4-2010]
4.
New Intensely Developed or Limited Development Areas to be located
in the Resource Conservation Area shall conform to all criteria of
the Critical Area regulations of the Annotated Code of Maryland Natural
Resources Article 8-1808.1(c), as amended from time to time, for such
areas.
5.
Locate a new Limited Development Area or an Intensely Developed Area in a manner that minimizes impacts to a habitat protection area as defined in COMAR 27.01.09 and in Section 8-1.08 of the Zoning Ordinance and in an area and manner that optimizes benefits to water quality;
[Amended 5-4-2010]
6.
If the Board of County Commissioners is unable to designate a portion
of the growth allocation in Paragraph '1' and '2' of this Section
within or adjacent to existing Intensely Developed or Limited Development
Areas as demonstrated in the Calvert County Critical Area Program
approved by the Critical Area Commission, or in any amended Critical
Area Program approved by the Critical Area Commission, then that portion
of the allocated expansion which cannot be so located may be located
in the Resource Conservation Areas in addition to the expansion allocated
in Paragraph (3) of this Section. Proof of this situation must be
demonstrated to and approved by the Critical Areas Commission, or
in any Critical Area Program amendment approved by the Critical Area
Commission. A developer shall be required to cluster any development
in an area of expansion authorized under this paragraph.
7.
Locate a new Intensely Developed Area or Limited Development Area
in a manner that minimizes impacts to the defined land uses of the
Resource Conservation Areas;
[Amended 5-4-2010]
8.
Locate a new Intensely Developed Area or Limited Development Area
in a Resource Conservation Area at least 300 feet beyond the landward
edge of tidal wetlands or tidal waters.
[Amended 5-4-2010]
9.
Growth allocation shall only be used for commercial or industrial
projects except where a mistake in the original designation of residential
land can be demonstrated original designation of a property.
10.
Only projects where the applicant can demonstrate that a measurable
public benefit will be realized from the project shall be approved
for use of the five percent growth allocation. All projects submitted
during the calendar year will be reviewed and allocated by the Board
of County Commissioners upon the recommendation of the Planning Commission.
11.
All projects submitted during the calendar year will be reviewed
and allocated by the Board of County Commissioners upon the recommendation
of the Planning Commission.
12.
In approving the use of the growth allocation, priority shall be
given to:
a.
projects within the Solomons Town Center
b.
projects outside the Solomons Town Center in which:
i.
the building envelope is located at least 300 feet from the
landward edge of tidal waters, tidal wetlands or tributary streams,
and
ii.
the undeveloped remainder is contiguous and retains its natural
features, and
iii.
the undeveloped remainder is restricted from future development
through covenants or other restrictive instruments, and
[Amended 5-4-2010]
iv.
Development activities shall be designed and implemented to
minimize destruction of woodland vegetation.
13.
No growth allocation is allowed that adversely affects Habitat Protection
Areas.
14.
When the County submits a request for Growth Allocation approval
to the Critical Area Commission, the request shall state how the local
jurisdiction has applied the standards of this Section. The Critical
Area Commission shall ensure that the guidelines set forth in this
Section have been applied in a manner that is consistent with the
purposes, policies, goals, and provisions of the Critical Area Law
and all criteria of the Critical Area Commission. In addition, the
project shall meet all growth allocation submittal requirements outlined
in Critical Area Criteria 27.01.02.05-1 and 27.01.02.05.-2.
[Amended 5-4-2010]
A.
After Critical Area Program approval (December 13, 1988), the continuation, of any use legally in existence on the date of Critical Area Program approval is permitted. In the Critical Area, if the use has been abandoned for more than one year, then it is no longer grandfathered. If any existing use does not conform with the provisions of the County Critical Area Program, its intensification or expansion may be permitted only in accordance with the procedures outlined in this Ordinance (See Section 2-6.01 and Section 11-1.01).
[Amended 5-4-2010]
1.
Lawns or landscaped areas may continue so long as they are cut or
maintained at least once a year.
2.
Nonconforming buildings are allowed to remain.
3.
Nonconforming houses outside ER50 cliff setback (as described in
Section 8-2.02.C) and greater than 100 feet from cliff edge may be
replaced or expanded upward with a second story.
B.
Except as otherwise provided, a single lot or parcel of land that
was legally of record on the date of Critical Area Program approval
(December 13, 1988) may be developed with a single-family dwelling,
if a dwelling is not already placed there, notwithstanding that such
development may be inconsistent with the density provisions of Calvert
County's approved Critical Area Program. Lots in subdivisions which
received the County's approval prior to June 1, 1984 may be consolidated
or reconfigured in accordance with Article 8-1.02.E without the consolidation
or reconfiguration being considered a resubdivision.
[Amended 5-4-2010]
D.
Nothing in this regulation may be interpreted as altering any requirements
of this Ordinance for development activities for Water Dependent Facilities
and Habitat Protection Areas.
A.
Introduction. The State has designated certain areas and plant and
animal species as meriting special protection. They are: Critical
Area Buffers; nontidal wetlands; rare, threatened and endangered species
and species in need of conservation; plant and wildlife habitat; and
anadromous fish propagation waters.
B.
Boundaries. The boundaries for each type of habitat protection area
are described in the applicable Section.
C.
Criteria for Development. Habitat Protection Plans (HPP) are required
for all development activities, redevelopment, or maintenance in the
Habitat Protection Areas.
1.
If proposed development activities including clearing or cutting
of trees impact any known habitats of the types listed in this Section,
then a habitat protection plan shall be developed by the owner or
the owners' agent and approved by the Department of Planning and Zoning
using the expertise of the appropriate State and Federal agencies.
The programs should accomplish the following objectives:
a.
Establish Buffer areas for colonial water bird nesting sites so that
these sites are protected from the adverse impacts of development
activities and from disturbance during the breeding season;
b.
Provide that new water-dependent facilities do not disturb sites
of significance to wildlife such as historic, aquatic staging and
concentration areas for waterfowl;
c.
Provide protection measures, including Buffer areas where appropriate,
for the plant and wildlife habitat;
d.
Protect and conserve those forested areas required to support wildlife
species identified in this Section by developing management programs
which have as their objective, conserving the wildlife that inhabit
or use the areas. The programs should assure that development activities,
or the clearing or cutting of trees which might occur in the areas,
is conducted so as to conserve riparian habitat, forest interior wildlife
species, and their habitat. Management measures may include incorporating
appropriate wildlife protection elements into forest management plans,
and cluster zoning or other site design criteria which provide for
the conservation of wildlife habitat. Measures may also be included
in soil conservation plans which have wildlife habitat protection
provisions appropriate to the areas defined in this Section, and incentive
programs containing the acquisition of easements and other similar
techniques;
e.
Require that, when development activities or the cutting or clearing
of trees occur in forested areas, corridors of existing forest or
woodland vegetation be maintained to provide effective connections
between wildlife habitat areas;
f.
Protect, by appropriate means, those plant and wildlife habitats
designated and mapped by the County as Locally Significant Habitat.
Examples of these areas are those whose habitat values may not be
of Statewide significance, but are of importance locally or regionally
because they contain species uncommon or of limited occurrence in
the jurisdiction, or because the species are found in unusually high
concentrations; and
[Amended 5-4-2010]
g.
Protect Natural Heritage Areas from alteration due to development
activities or cutting or clearing so that the structure and species
composition of the areas are maintained.
2.
If the State proposes new habitat protective areas and protective
measures, they shall be adopted within one year in accordance with
procedures required by the Maryland Department of Natural Resources.
3.
Criteria for Habitat Protection Plans
a.
For Habitat Protection Areas, except the Critical Area Buffer areas
that do not have another Habitat Protection Area overlay, proposed
plans for development activities, clearing, or cutting of vegetation
in these areas shall be submitted to the Department of Planning and
Zoning for review and approval. The Department of Planning and Zoning
will forward copies of the proposed plans to the Critical Area Commission
and Natural Heritage Divisions of Maryland Department of Natural Resources
for review and comment. Criteria set by the State and Federal agencies
and County review staff shall be included in the Habitat Protection
Plan. The criteria shall be consistent with Section 8-1.08.C.1. The
applicant may appeal approval criteria to the Planning Commission.
The Habitat Protection Plan shall be recorded in the Land Records
of Calvert County and/or on a record plat.
b.
Critical Area Buffer areas (including expanded Buffer areas) that
do not have another Habitat Protection Area overlay, require a Buffer
Management Plan for development activities, clearing, or cutting of
vegetation in these areas. The Buffer Management Plan shall be submitted
to the Department of Planning and Zoning for review and approval and
shall address the following:
[Amended 5-4-2010]
i.
Minimization of the removal of vegetation;
ii.
Plant and wildlife habitat protection;
iii.
Reduction of the runoff of pollutants;
iv.
Required reforestation and/or afforestation including a planting
plan and other mitigation measures;
v.
Protection of the area during development activities.
|
The specific requirements of Buffer management Plans are given
in Section 8-1.08.D.3. Appeals of decisions made by the Department
of Planning and Zoning with regard to HPPs including Buffer Management
Plans for subdivisions and site plans may be appealed to the Planning
Commission. Appeals of decisions regarding HPPs including Buffer Management
Plans for other activities proposed in the Critical Area Buffer may
be appealed to the Board of Appeals.
|
D.
Critical Area Buffer
1.
Purpose. The purpose of the Buffer is to:
a.
Provide for the removal or reduction of sediments, nutrients, and
potentially harmful or toxic substances in runoff entering the Bay
and its tributaries;
b.
Minimize the adverse effects of human activities on wetlands, shorelines,
stream banks, tidal waters, and aquatic resources;
c.
Maintain an area of transitional habitat between aquatic and upland
communities;
d.
Maintain the natural environment of streams; and
e.
Protect riparian wildlife habitat.
2.
Critical Area Buffer Description.
a.
The Buffer shall consist at a minimum of the area 100 feet landward
from the Mean High Water Line of tidal waters, the edge of the bank
of tributary streams, and the upland boundary of tidal wetlands and
shall be expanded as set out in paragraph 'b' of this Section.
[Amended 5-4-2010]
b.
The Buffer shall be expanded beyond 100 feet to include contiguous,
sensitive areas, such as steep slopes, hydric soils, or highly erodible
soils, (see paragraph 'd' of this sub-section), whose development
or disturbance may impact streams, wetlands, or other aquatic environments.
The minimum 100 foot Buffer shall be expanded to include the following
contiguous areas:
[Amended 5-4-2010]
i.
In the case of contiguous slopes of 15 percent or greater, the
Buffer shall be expanded four feet for every one percent of slope
[100'+ (4 percent * slope)], or to the top of the slope, whichever
is greater. The percent of slope will be measured as an average for
50 feet beyond the 100-foot Buffer. The expansion of the Buffer shall
be drawn perpendicular to the shoreline, tidal wetland or tributary
stream to be protected. The buffer shall not be expanded beyond a
drainage divide on grandfathered lots. The provisions of Section 8-1.08.D.3
apply to clearing within the expanded Buffer area;
[Amended 5-4-2012]
ii.
A nontidal wetland and its contiguous 50 ft. buffer;
iii.
A "Wetland of Special State Concern" and its contiguous 100-foot
buffer;
iv.
Highly erodible soils on a slope less than 15% and greater than
5% to the landward edge of the highly erodible soil or 300 feet, whichever
is less. The Buffer shall not be expanded beyond a drainage divide
on grandfathered lots;
[Amended 10-27-2010; 5-4-2012]
v.
Hydric soils to the landward edge of the hydric soil or 300
feet, whichever is less;
vi.
On a lot or parcel that was created before January 1, 2010,
a development activity may be allowed that impacts the expanded Buffer
for highly erodible soils on slopes less than 15% or hydric soils,
if:
[Amended 10-27-2010]
(a)
The development activity is in the expanded portion of the Buffer,
but not in the 100-foot Buffer or expanded Buffer for 15% slopes;
(b)
The entire Buffer occupies at least 75 percent of the lot or
parcel; and
(c)
Mitigation occurs at a 2:1 ratio based on the lot coverage of
the proposed development activity that is in the expanded Buffer.
c.
For subdivisions in the RCA and all projects in the RCA that require
a site plan and/or change in use which were submitted on or after
July 1, 2008, the Critical Area Buffer shall be 200 ft. landward from
the Mean High Water Line of tidal waters and tidal wetlands and a
100 ft. buffer from the edge of the bank of tributary streams. If
the Buffer is not forested, it shall be established in forest. The
Buffer shall be expanded beyond 200 ft. or 100 ft. for tributary streams
for the same reasons and in the fashion as described in Section 8-1.08.D.2.b.
The 200 ft. Buffer for these subdivisions may be reduced to no less
than 100 ft. or to the edge of the extended Buffer under the following
conditions:
i.
An application for subdivision of site plan approval is submitted
before July 1, 2008 and legally recorded by July 1, 2010;
ii.
The subdivision or site plan receives growth allocation;
iii.
The maximum density (1 dwelling unit/20 acres) cannot be achieved
on site using minimum lot sizes and standard County setbacks without
impacting the 200 ft. buffer. The minimum reduction in the buffer
necessary to accommodate the proposed development shall be applied.
iv.
An Intrafamily transfer allowed under Section 8-1.05.H of this
ordinance is precluded. The minimum reduction in the buffer necessary
to accommodate the proposed development shall be applied.
3.
Buffer Regulations
The following regulations shall govern activities within the
Buffer.
a.
The Buffer shall be maintained in natural vegetation and shall be
managed to achieve or enhance the functions stated in Section 8-1.08.D.1.
[Amended 5-4-2010]
i.
Except as authorized in Subsection "b" of this Section, disturbance
in the Buffer is prohibited.
ii.
Cutting, clearing or topping of trees and removal of existing
vegetation, including understory trees, shrubs and ground cover within
the Buffer is prohibited.
iii.
On areas of the property where land disturbance or clearing
comes within 50 feet of the Critical Area Buffer, the Buffer shall
be demarcated using snow fencing or silt fence prior to clearing,
grading, or construction and these protective devices shall remain
until construction is complete.
iv.
A 10-foot building setback shall be maintained from the edge
of the vegetated Buffers. The Zoning Officer may grant a reduction
of the setback after review and recommendation by the Environmental
Planner. The setback reduction may only be granted to allow activities
permitted in Section 8-2.05.C.6 and for construction of primary residences
which could not normally be built because of unusual lot configuration
or other site constraints.
v.
Before recordation of a final subdivision:
(a)
Permanent signs delineating the upland boundary of the Buffer
at a ratio of at least one sign per lot or per 200 linear feet of
shoreline, whichever is greater, shall be posted.
(b)
The signs shall be designed to be at least 11" wide and 15"
in height, placed at a height of 4.5 feet (but not attached to a tree),
and shall state "Critical Area Buffer-No clearing or disturbance permitted."
vi.
Concurrent with the recordation of a final plat, an applicant
shall record a protective easement for the Buffer.
vii.
When a Buffer Management Plan (BMP) is required, a final subdivision
application shall not be approved or a permit for a development activity
shall not be issued until the County has reviewed and approved the
BMP.
b.
Notwithstanding the prohibitions of paragraph 'a' above, the following
activities may be allowed with an approved Buffer Management Plan
and either a grading permit, grading exemption, or vegetation removal
permit. No permits are required for pruning limited to the lower one-third
of the height of the tree. Tree replacement is required at the ratios
given below.
[Amended 5-4-2010]
i.
Cutting of trees or removal of vegetation may be permitted where
necessary for the following purposes:
(a)
one access to the waterfront for a private pier (mitigation
ratio = 2:1) or
(b)
a boat ramp (mitigation ratio = 2:1), or
(c)
Other water dependent facility (mitigation ratio = 2:1),
(d)
Development in a Special Buffer Management Area consistent with
Section 8-1.08.D.4, or
(e)
to install or construct a shore erosion protection device or
measure, or a water-dependent facility, providing the device, measure,
or facility has received all necessary State and Federal permits (mitigation
ratio = 1:1).
|
No more than one access through the Buffer is permitted per
waterfront lot. A four-foot-wide access is allowed if the access is
for steps or a pathway; or a 12-foot- wide access is allowed for vehicular
access to a boat ramp.
|
ii.
Individual trees, living or dead, may be removed which are in
danger of falling and causing damage to dwellings or other structures,
or which are in danger of falling and therefore causing the blockage
of streams, or resulting in accelerated shore erosion (mitigation
ratio = 1:1, except that no mitigation or buffer management plan is
required for the removal of a tree within 10 feet of a cliff, which
is in danger of falling and has a diameter at four feet above the
ground of four inches or greater).
[Amended 5-4-2012]
iii.
Appropriate horticultural practices may be used to maintain
the health of individual trees, including removal of noxious, invasive,
and exotic species which impair the function and growth of a forested
Buffer. Inappropriate horticultural practices such as topping, girdling,
over pruning or severely damaging existing vegetation, are prohibited.
iv.
Other cutting techniques may be undertaken within the Buffer
and/or under the advice and guidance of the Department of Agriculture
and/or Natural Resources, if necessary to preserve the forest from
extensive pest or disease infestation, threat from fire, or to remove
invasive species (mitigation ratio = 1:1).
v.
Selective thinning and cutting may be approved by the Department
of Planning and Zoning if the Department determines that the function
of the Buffer will not be impaired.
vi.
Removal of vegetation for permitted development and redevelopment
activities may be permitted (mitigation ratio = 3:1 outside of Special
Buffer Management Areas and 2:1 in Special Buffer Management Areas).
vii.
As long as there is no removal of native vegetation, maintenance
of existing lawns and gardens and planting or replacement (within
30 days) of ornamental shrubs is allowed without permits. Planting
of native species is recommended.
c.
Buffer Establishment. The Buffer to tidal waters, tidal wetlands
or a tributary stream shall be established under the following conditions:
[Amended 5-4-2010]
i.
No establishment required for in-kind replacement of a primary
structure or improvements within the existing footprint of existing
primary structures.
ii.
For new development on a vacant lot or parcel created prior
to December 13, 1988, an area of the Buffer shall be established equal
to the total lot coverage approved.
iii.
For new development on a vacant lot or parcel created on or
after December 13, 1988, the entire Buffer shall be established.
iv.
For a new subdivision or new lot, the entire Buffer shall be
established.
v.
For the conversion of a land use on a parcel or lot to another
land use, the entire Buffer shall be established.
vi.
For an addition or accessory structure, an area of the Buffer
shall be established equal to two times the area of new lot coverage
approved.
vii.
For substantial alteration, an area of the Buffer shall be established
equal to the total lot coverage; existing and newly approved.
viii.
All required buffer establishment will be bonded as described
in Section 8-1.04.G.4 and will require a Buffer Management Plan.
d.
Disturbance within the Critical Area Buffer based on an approved
variance from the Board of Appeals requires mitigation at a 3:1 ratio.
Mitigation for a violation (see Section 8-1.09.B) is at a 4:1 ratio.
[Amended 5-4-2010]
e.
New development, including structures, roads, parking areas and other
impervious surfaces, mining and related facilities, or septic systems,
shall not be permitted in the Buffer, except for those necessarily
associated with water-dependent facilities or for shore erosion control.
If no vegetative Buffer exists, one shall be established using native
vegetation for any planting required for the activity.
f.
Agricultural activities are permitted in the Buffer, if, as a minimum
Best Management Practice, a 25-foot vegetated filter strip measured
landward from the Mean High Water Line of tidal waters or tributary
streams (excluding drainage ditches), or from the edge of tidal wetlands,
whichever is further inland, is established, and further provided
that:
i.
The filter strip shall be composed of either trees with a dense
ground cover, or thick sod of grass, and shall be so managed as to
provide water quality benefits and habitat protection. Noxious weeds,
including Johnson grass, Canada thistle, and multiflora rose, which
occur in the filter strip, may be controlled by authorized means;
ii.
The filter strip shall be expanded by a distance of four feet
for every one percent of slope, for slopes greater than six percent;
iii.
The 25-foot vegetated filter strip shall be maintained until
such time as the landowner is implementing, under an approved Soil
Conservation and Water Quality Plan, a program of Best Management
Practices for the specific purposes of improving water quality and
protecting plan and wildlife habitat; and provided that the portion
of the Soil Conservation and Water Quality Plan being implemented
achieves the water quality and habitat protection objectives of the
25-foot vegetated filter strip;
iv.
The Best Management Practices shall include a requirement for
the implementation of a grassland and manure management program, where
appropriate, and that the feeding or watering of livestock, may not
be permitted within 50 feet of the Mean High Water Line of tidal water
and tributary streams, or from the edge of tidal wetlands, whichever
is further inland;
v.
Farming activities including the grazing of livestock shall
not disturb stream banks, tidal shorelines or other Habitat Protection
Areas as described in this Section.
[Amended 5-4-2010]
vi.
Where agricultural use of lands within the area of the Buffer
ceases and the lands are proposed to be converted to other uses, the
Buffer shall be established. In establishing the Buffer, management
measures shall be undertaken to provide forest vegetation that accomplishes
the Buffer functions set forth elsewhere in this Section.
g.
Commercial harvesting of trees by selection may be permitted to within
50 feet of the landward edge of the Mean High Water Line of tidal
waters and perennial tributary streams, or the upland boundary of
tidal wetlands, provided that this cutting does not occur in the Habitat
Protection Areas described in Section 8-1.08.F-H and that the cutting
is conducted in conformance with a Buffer Management Plan prepared
by a registered, professional forester and approved by the Maryland
Department of Natural Resources. The plan shall be required for all
commercial harvests within the Buffer, regardless of the size of the
area to be cut, and shall contain the following minimum requirements?
[Amended 5-4-2010]
i.
Disturbance to stream banks and shorelines shall be avoided;
ii.
The area disturbed or cut shall be replanted, or allowed to
regenerate native vegetation in a manner that assures the availability
of cover and breeding sites for wildlife, and reestablishes the wildlife
corridor function of the Buffer; and
iii.
The cutting does not involve the creation of logging roads and
skid trails within the Buffer; and
iv.
Sediment and erosion control shall be addressed.
h.
Grading or disturbance in the Buffer, without vegetation removal,
is only allowed for erosion control or to enhance the Buffer function,
and requires a grading permit and mitigation as per Section 8-1.04.G.3.e.
[Amended 5-4-2010]
i.
Fences four feet or less in height are permitted in the Critical
Area Buffer provided that the owner or the owners' agent obtains a
permit and the fence is made of wood, a material that has a wood-like
appearance, chain-link, or wire. Fences that require a foundation
are not permitted. A variance from the Board of Appeals is required
for any fences not meeting these criteria.
j.
On grandfathered lots in the Critical Area (see Section 8-1.07), additions to the principal structure of less than 50 square feet are permitted in the Critical Area Buffer provided:
[Amended 5-4-2010]
i.
no trees are removed during construction;
ii.
the addition is more than 50 feet from mean high water, the
edge of tidal wetlands, or tributary streams;
iii.
the addition is not on slopes 15 percent and greater;
iv.
the addition is not within the cliff setbacks (see 8-2.02);
and
v.
When grading and/or clearing is allowed in the Buffer, super
silt fencing is required to be installed and a vegetative mat or sod
shall be installed at finished grade.
k.
Buffer Management Plans (BMP)
[Amended 5-4-2010]
i.
A BMP shall address the criteria listed in Section 8-1.08.C.3.b.
ii.
A BMP is not required for maintenance of an existing lawn or
existing garden in the Buffer, or for the planting or replacement
of ornamental shrubs or groundcover not required for afforestation,
mitigation or other permit or violation requirement.
iii.
A BMP shall be submitted for the following activities: when
establishment of the buffer is required or when disturbance to the
buffer will result from a variance, subdivision approval, site plan
approval, shore erosion control permit, building permit, grading permit,
grading exemption, vegetation removal permit, or special exception.
iv.
A BMP shall include the following:
(a)
Show limits of disturbance (LOD) including type of vegetation
and area of all vegetation removal including all area for which canopy
is being removed;
(b)
Planting schedule including species, size and spacing of proposed
plantings;
(c)
Maintenance plan including invasive species control, watering
and monitoring; and
(d)
Estimated amount of bond and review and inspection fee.
(e)
See additional requirements in Sections v, vi, and vii of this
Section.
v.
Simplified Buffer Management Plan (SBMP)
(a)
A SBMP is required for the following activities: providing access
to a private pier or shoreline that is up to 3 feet wide; manually
removing invasive or noxious vegetation; filling to maintain an existing
grass lawn; or cutting a tree that is in imminent danger of falling
and causing damage to a dwelling or other structure, in danger of
falling and causing blockage to a stream, or likely to accelerate
shore erosion. When homeowner actions are necessary in emergency situations
(tree poses imminent danger of falling and causing damage to a dwelling
or other structure) to remove trees in the Buffer, the homeowner shall
take a photograph of the tree, remove the tree that poses imminent
danger, and submit a SBMP within 7 days of removal.
(b)
In addition to the requirement of Section iv above, a SBMP shall
include: a brief narrative describing the proposed activity, including
the anticipated start date and method to be used; the proposed mitigation,
the proposed planting date, and the signature of the party responsible
for the proposed activity and for ensuring the survival of the planting.
vi.
Minor Buffer Management Plan (MiBMP)
(a)
A MiBMP is required when Buffer establishment or required mitigation
(planting) is less than 5,000 square feet.
(b)
In addition to the requirement of Section iv above, a MiBMP
shall include: A plan that shows the proposed LOD, the total number
and size of trees to be removed and the arrangement of the planting
to be done; a landscape schedule that shows the proposed species type,
the quantity of plants, the size of plants to be installed, and the
planting date; a maintenance plan for the control of invasive species,
pests, and predation including invasive species and pest control practices,
the provision of at least two years of monitoring, a reinforcement
planting provision if survival falls below the standards set in Tables
8-1.5 and 8-1.6; an inspection agreement that grants permission to
the County to inspect the plantings at appropriate times, the information
on which calculation of the amount of Buffer to be planted was based;
and the signature of the party responsible for the proposed activity
and for ensuring the survival of the planting.
vii.
Major Buffer Management Plan (MaBMP)
(a)
A MaBMP is required when Buffer establishment or
required mitigation (planting) is equal to or greater than 5,000 square
feet.
(b)
In addition to the requirement of Section iv above,
a MaBMP shall include: A plan that shows the proposed LOD; the total
number and size of trees to be removed and the arrangement of the
planting to be done; a landscape schedule that shows the proposed
species type, the quantity of plants, the size of plants to be installed,
and the planting date; a maintenance plan for the control of invasive
species, pests, and predation including invasive species and pest
control practices, the provision of at least two years of monitoring;
and a reinforcement planting provision if survival falls below the
standards set in Tables 8-1.3 and 8-1.4; a long-term protection plan
that includes evidence of financial assurance, an anticipated planting
date before construction or the sale of the lot, an inspection agreement
that grants permission to the County to inspect the plantings at appropriate
times, the information on which calculation of the amount of Buffer
to be planted was based; and the signature of the party responsible
for the proposed activity and for ensuring the survival of the planting.
A single species may not exceed 20 percent of the total planting requirement
and shrubs may not exceed 50 percent of the total planting requirement.
ix.
Failure to implement a BMP in the time period specified in the
BMP, is a violation. No permits will be issued if a violation exists.
l.
Buffer Mitigation
[Amended 5-4-2010]
i.
New areas of managed lawn or turf are prohibited. Beneath required
plantings, vegetated ground cover or mulch is required.
ii.
Mitigation is meant to offset area disturbed and to restore
the ecological function.
iii.
Mitigation shall require planting of overstory and understory
unless otherwise approved by the Department of Planning and Zoning.
iv.
Individual trees removed will be mitigated based on canopy coverage
lost in square feet.
v.
Forested areas will be mitigated based on square footage of
forest removed including the canopy of trees removed at the edge of
the forest. Where canopy does not exist, mitigation will be based
on the square footage of subcanopy or herbaceous coverage.
vi.
Only native plants listed in the "Calvert County Native Plant
List", approved by the Board of County Commissioners and available
from the Department of Planning and Zoning may be used for mitigation
plantings. Mitigation credits for plantings are also given in the
"Calvert County Native Plant List".
vii.
Single species may not exceed 20% of the total planting requirement.
viii.
Large and small shrubs may not exceed 50% of the total planting
requirement.
ix.
Long term protection shall be provided for the Buffer areas
established under this provision (plats recorded in the land records).
x.
For new subdivisions, signs shall be posted to delineate the
Buffer at no less than one per lot or 200 linear feet of shoreline.
xi.
Buffer stocking standards are given in the "Calvert County Native
Plant List", approved by the County Commissioners and available from
the Department of Planning and Zoning.
xii.
For the establishment of more than one acre, natural regeneration
may be used for up to 50% of the area required to be established,
if
(a)
The Plan does not include any managed lawn or turf
and includes invasive species control,
(b)
All of the natural regeneration is within 50 feet
of a natural forest that contains a seed bank of native species adequate
for natural regeneration,
(c)
The Plan includes a supplemental planting plan
for subsequent implementation if the natural regeneration does not
succeed, and
(d)
The financial assurance provided for implementing
the Buffer Management Plan is sufficient to cover the cost of planting
an equivalent area; and specifies that release of the financial assurance
may not occur until 5 years after the date of Plan approval or the
areal coverage of the Buffer is at least 300 native woody stems, on
a per acre basis, that are at least 4 feet in height, whichever is
later.
(e)
At the end of 5 years, after the date of approval
of a natural regeneration plan, an applicant shall implement a supplemental
planting plan for at least 2 years if the areal coverage of the Buffer
is not, on a per acre basis, at least 300 native woody stems of at
least 4 feet in height.
m.
Fee in Lieu of Buffer Mitigation
[Amended 5-4-2010]
i.
The County shall collect a fee in lieu of Buffer mitigation
when planting requirements cannot be met onsite.
ii.
The fees in lieu of Buffer planting shall be consistent with
the fee set by the Critical Area Commission per square foot of mitigation
not accommodated onsite and shall be placed in the Critical Area Fees
in Lieu Fund.
[Amended 5-4-2012; 11-29-2018 by Ord.
No. 51-18]
n.
Planting Requirements for Required Plantings in the Critical Area
[Amended 5-4-2010]
i.
The planting must meet the criteria listed in Tables 8-1.4,
8-1.5 and 8-1.6, below:
ii.
A variance to these requirements cannot be granted
|
Table 8-1.4
[Amended 5-4-2010] | ||
|---|---|---|
|
Requirement
|
Amount
|
Options
|
|
Establishment
|
Less than 1/4 acre
|
Landscaping stock according to Table 8-1.5 for the entire area
|
|
1/4 acre to less than or equal to 1 acre
|
At least 50% of area in landscaping stock according to Table
8-1.5, the remainder according to Table 8-1.6
| |
|
Greater than 1 acre to less than or equal to 5 acres
|
At least 25% of area in landscaping stock according to Table
8-1.5, the remainder according to Table 8-1.6
| |
|
Greater than 5 acres
|
At least 10% of area in landscaping stock according to Table
8-1.5, the remainder according to Table 8-1.6
| |
|
Mitigation
|
Less than 1 acre
|
Landscaping stock according to Table 8-1.5 for the entire area
|
|
1 acre or greater
|
At least 50% of area in landscaping stock according to Table
8-1.5, the remainder according to Table 8-1.6
| |
|
Table 8-1.5
Landscaping Stock
[Amended 5-4-2010] | |||
|---|---|---|---|
|
Vegetation Type
|
Minimum Size Eligible for Credit
|
Maximum Credit Allowed
(square feet)
|
Maximum Percent of Credit
|
|
Canopy tree
|
2 inch caliper and 8 feet high
|
200
|
Not applicable
|
|
Canopy tree
|
1 inch caliper and 6 feet high
|
100
|
Not applicable
|
|
Understory tree
|
1 inch caliper and 6 feet high
|
75
|
Not applicable
|
|
Large shrub
|
1 gallon and 4 feet high
|
50
|
30
|
|
Small shrub
|
1 gallon and 18 inches high
|
25
|
20
|
|
Herbaceous perennial*
|
1 quart
|
2
|
10
|
|
Planting Cluster 1*
|
1 canopy tree; and 3 large shrubs or 6 small shrubs of sizes
listed above
|
300
|
Not applicable
|
|
Planting Cluster 2*
|
2 understory trees; and 3 large shrubs or 6 small shrubs of
sizes listed above
|
350
|
Not applicable
|
|
* These options are available only for Buffer establishment
and Buffer mitigation of less than 1 acre
|
|
Table 8-1.6.
| |||
|---|---|---|---|
|
Smaller Tree Stock
[Amended 5-4-2010] | |||
|
Stock Size of Trees Only
|
Required number of Stems Per Acre
|
Survivability Requirement
|
Minimum Financial Assurance Period After Planting
|
|
Bare-root seedling or whip
|
700
|
50 percent
|
5 years
|
|
1/2" to 1" container grown trees
|
450
|
75 percent
|
2 years
|
|
1" or more container grown trees
|
350
|
90 percent
|
2 years
|
o.
All landscaping stock planted shall be 100 percent guaranteed for
at least 2 years after planting is completed.
[Amended 5-4-2010]
p.
Planting Location Priorities
[Amended 5-4-2010]
i.
First priority. On site in the Critical Area Buffer. Other priorities
can only be considered when all area in the buffer has been planted;
ii.
Second priority. On site and adjacent to the Buffer;
iii.
Third priority. On site elsewhere in the Critical Area;
iv.
Offsite in the Critical Area; or
v.
Payment of fees-in-lieu of planting at a rate set by the Board
of County Commissioners.
4.
Special Buffer Management Areas.
a.
The location of Special Buffer Management Areas are designated by
the Board of County Commissioners and approved by the Critical Area
Commission and are depicted on Maps 8-1.1 and 8-1.2.
b.
New development or redevelopment is permitted provided that the development
and redevelopment rules and offsetting requirements set forth in paragraph
'h' of this Section are observed.
[Amended 5-4-2010]
c.
Shore erosion protection measures are permitted provided that such measures are consistent with the shore erosion protection policies described in Section 9-8.01 and provided that the measures have all applicable State and Federal permits.
d.
Cutting or clearing of trees and removal of vegetation is permitted
as described in Section 8-1.08.D.3.b.
[Amended 5-4-2010]
|
|
e.
Development and Redevelopment Rules. In the Solomons Town Center,
the minimum Critical Area Buffer is 30 feet. Outside the Solomons
Town Center, the minimum Critical Area Buffer is the average of the
setbacks of structures on adjacent properties or 50 feet, whichever
is greater and offsets described in paragraph 'h' and 'i' of this
subsection are required.
[Amended 5-4-2010]
f.
Subdivision within LDA and LDA-3 Special Buffer Management Areas
- Such land in an LDA or LDA-3 area may be subdivided and retain its
status if it meets all of the following criteria:
i.
The original parcel is less than five acres and it is designated
LDA.
ii.
Structures, roads and parking areas must be a minimum of 50
feet from tidal waters, the edge of wetlands, or the edge of tributary
streams. The total area of existing and new accessory structures per
lot in the Buffer in the subdivision shall not exceed 1,000 square
feet.
[Amended 5-4-2010]
iii.
Community sewer must serve the property.
iv.
Offsetting requirements listed in paragraph 'h' must be met.
[Amended 5-4-2010]
v.
Housing density does not exceed two dwelling units per acre.
vi.
Any future shore erosion control on the property shall be non-structural
if it is practical and effective at the proposed site.
vii.
A 10% reduction in pollutants from stormwater will be met on-site
through the implementation of Best Management Practices (BMPs) unless
findings are made by the Department of Planning and Zoning and/or
the Planning Commission that the implementation of BMPs on site is
not feasible because of site conditions such as soil type or depth
to water table. This requirement applies to all subdivisions in Special
Buffer Management Areas in the Critical Area. If the 10% reduction
cannot be obtained the offsets as described in Section "h" and "i"
below shall be required.
[Amended 5-4-2010]
viii.
If land is subdivided, but does not meet the criteria of this
Section for subdivision, only the parcel or lot that retains the original
primary structure will remain in Special Buffer Management Area status.
Any new lots must fully comply with the provisions of this Ordinance.
g.
Subdivision within IDA Special Buffer Management Areas - Land in
a Special Buffer Management Area may be subdivided and retain its
status if it meets all of the following criteria:
i.
Any development activity, including structures, roads, and parking
areas, must be set back a minimum of 50 feet from tidal waters, tidal
wetlands, or tributary streams. Accessory structures may be permitted
within the Buffer, but not within the minimum 50-foot setback.
[Amended 5-4-2010]
ii.
Community sewer must serve the property.
iii.
The stormwater management plan for a development shall meet
the requirements in Section 8-1.03.F.2, except that 20% reduction
in pollutants is required (rather than the 10% specified in the referenced
Section).
iv.
The development activity within the Special Buffer Management
Area shall minimize impact to the Buffer.
[Amended 5-4-2010]
v.
Development or redevelopment within the Special Buffer Management
Areas requires that at least 15 percent of the total acreage of the
lot or parcel be in forest or developed woodland.
[Amended 5-4-2010]
vi.
Existing vegetation may not be removed from the Special Buffer
Management Area except in accordance with an approved Buffer Management
Plan designed to enhance the buffer.
vii.
The offset requirements of paragraph 'h' of this Section are
required.
h.
Offset Requirements:
i.
Except for authorized proposed or existing access to the water,
the extent of the lot or parcel shoreward of the new development or
redevelopment shall be required to remain, or shall be established
and maintained, in natural vegetation;
[Amended 5-4-2010]
ii.
Natural vegetation of an area twice the extent of the lot coverage
created or altered shall be planted on-site or in an offset area or
other location as may be determined by the Department of Planning
and Zoning. The Department of Planning and Zoning may collect fees
in lieu of such planting for purposes described in the Buffer Offset
Program described in paragraph 'i' of this Section.
[Amended 5-4-2010]
iii.
A landscape plan showing existing and proposed vegetation within
the Buffer shall be submitted and approved as part of the subdivision
review process. For projects that are required to be submitted to
the Critical Area Commission for review and comment, the landscape
plan shall be part of the submittal.
i.
Buffer Offset Program: Fees-in-lieu of planting, as described in
this Section, shall be used for purposes directly related to the Calvert
County Critical Area Program. Such purposes may include:
E.
Wetlands
The provisions of Section 8-2.05, Wetlands, apply to tidal and non-tidal wetlands within the Critical Area.
F.
Rare, Threatened and Endangered species and Species in Need of Conservation
1.
Purpose
To provide protection for those species in need of conservation
and rare, threatened and endangered species, and their habitats which
occur in the Critical Area.
2.
Boundaries
a.
Existing Habitat Protection Areas, other than the Critical Area Buffers
and extended Buffers, are identified on the official Critical Area
Habitat Protection Area map. Future districts are to be delineated
by the Board of County Commissioners if the Secretary of the Department
of Natural Resources designates additional species by regulation.
[Amended 5-4-2010]
b.
No designation of habitat and protective measures for newly recognized
rare, threatened or endangered species and their habitats shall be
accomplished unless the affected public is given an adequate opportunity
to be heard. The protection measures shall be adopted within 12 months
of the Secretary's designation.
3.
Administration
a.
Development activities and other disturbances shall be prohibited
in habitat protection areas unless it can be shown that these activities
or disturbances will not have or cause adverse impacts on these habitats;
[Amended 5-4-2010]
b.
At such time as an activity is proposed which might adversely affect
a habitat protection area, protection measures will be developed using
the expertise of the Maryland Department of Natural Resources and
other appropriate public agencies and private organizations.
[Amended 5-4-2010]
c.
The following protection measures are required as a minimum for Bald
Eagle nesting sites which have been verified by the Department of
Natural Resources and shall be addressed in a Habitat Protection Plan
submitted by the applicant:
[Amended 5-4-2010]
i.
A protection zone of one-quarter mile (1,320 feet) in radius
around each Bald Eagle nest is established.
ii.
Clearcutting or harvesting of timber (except limited timber
stand improvement) will not be allowed within one-quarter mile (1,320
feet) of the nest site during the nesting period, which is December
15th to June 15th.
iii.
Land clearing and construction within the protection zone will
not be allowed during the nesting season (December 15th to June 15th),
unless specifically approved by the Maryland Department of Natural
Resources.
iv.
Limited timber stand improvement and maintenance is allowed
between 660 feet and the outer limit of the protection zone outside
the nesting period (June 16th to December 14th).
v.
Limited timber stand improvement, maintenance and selective
cutting may be allowed between 330 feet and the outer protection zone
anytime after the nesting season.
vi.
No timber cutting, land clearing or building, road or trail
construction may be allowed within 330 feet of a verified nest.
vii.
If a Bald Eagle nest has not been used for three successive
nesting seasons, then any protective regulations applied to the specific
site may be removed after verification by the Maryland Department
of Natural Resources Forest Service that the nest was unused.
viii.
Existing agricultural activities which are in compliance with
this Section may continue in the protection zone though any intensification
of activity within the 330-foot zone during the nesting season shall
require a protection plan to be developed and approved by the Department
of Natural Resources.
[Amended 5-4-2010]
G.
Plant and Wildlife Habitat
1.
Purpose
The purpose of the Plant and Wildlife Habitat District is to:
a.
Conserve wildlife habitat in the Critical Area;
b.
Protect those wildlife habitats that tend to be least abundant or
which may become so in the future if current land-use trends continue;
c.
Protect those wildlife habitat types which are required to support
the continued presence of various species;
d.
Protect those wildlife habitat types and plant communities which
are determined by the Board of County Commissioners to be of significance
to Calvert County; and
e.
Protect Natural Heritage Areas.
2.
Boundaries of Habitat Protection Areas are as determined by the State
of Maryland, except for Forest Interior Dwelling Birds (FID) habitat
and the Critical Area Buffer. Delineation of FID habitat is based
on the existence of forests greater than 50 acres and riparian corridors
greater than 300 feet wide. Any impacts to these forest types in the
Critical Area shall be mitigated as prescribed in a document entitled,
"A Guide to the Conservation of Forest Interior Dwelling Birds in
the Chesapeake Bay Critical Area" prepared by and available from the
Critical Area Commission. The Critical Area Buffer boundary is as
described in Section 8-1.08.D of this Ordinance.
3.
The following types of habitats shall require HPPs;
[Amended 5-4-2010]
a.
Colonial water bird nesting sites;
b.
Historic waterfowl staging and concentration areas in tidal waters,
tributary streams, or tidal and non-tidal wetlands;
c.
Existing riparian forests (for example, those relatively mature forests
of at least 300 feet in width which occur adjacent to streams, wetlands,
or the Bay shoreline and which are documented breeding areas);
d.
Forest areas utilized as breeding areas by forest interior dwelling
birds and other wildlife species shown on the Calvert County FID Bird
Habitat Map;
[Amended 5-4-2010]
e.
Other areas which may in the future be identified by State and Federal
agencies as important plant or wildlife habitat areas;
f.
Other plant and wildlife habitats determined to be of significance
to Calvert County;
g.
Natural Heritage Areas;
h.
State-listed species sites; and
4.
HPPs shall be developed prior to any development plans being approved.
[Amended 5-4-2010]
H.
Anadromous Fish Propagation Waters
1.
Purpose
a.
Protect the instream and streambank habitat of anadromous fish propagation
waters;
b.
Promote land use policies and practices in the watershed of spawning
streams within the Critical Area which will minimize the adverse impacts
of development on the water quality of the streams; and
c.
Provide for the unobstructed movement of spawning and larval forms
of anadromous fish in streams.
2.
Boundaries of Anadromous Fish Propagation Waters are as determined
by the State of Maryland.
3.
Administration
The following regulations shall apply:
a.
The installation or introduction of concrete riprap or other artificial
surfaces onto the bottom of natural streams is prohibited unless it
can be demonstrated that water quality and fisheries habitat can be
improved.
b.
Channelization or other physical alterations which may change the
course or circulation of a stream and thereby interfere with the movement
of fish, is prohibited.
c.
The construction or placement of dams or other structures that would
interfere with or prevent the movement of spawning fish or larval
forms in streams is prohibited. If practical, the removal of existing
barriers shall be effected.
d.
The construction, repair, or maintenance activities associated with
bridges, or other stream crossings or with utilities and roads, which
involve disturbance within the Buffer or which occur instream, is
prohibited between March 1 and June 15.
[Amended 5-4-2010]
Enforcement of the Critical Area regulations is pursuant to
the requirements of the Maryland Natural Resources Article 8 subtitle
18, and the provisions of COMAR Title 27 subtitle 01, notwithstanding
any provision in a County law or ordinance or the lack of a provision
in a county law or ordinance.
