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Calvert County, MD - Zoning Ordinance
 
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These regulations apply to properties located inside and outside the Critical Area
Unless otherwise specified, development activities are subject to the general development requirements of Article 4, and the subdivision process (Article 7). See Section 8-1 and Article 9 for criteria for development in the Critical Area. In all cases, the more restrictive regulations apply.
A. 
Purpose
These areas are created to protect environmental features which may be adversely affected by normal development of permitted and special exception uses in the underlying District.
Boundaries are to be approved by the Department of Planning & Zoning and the Planning Commission during the subdivision, site plan, and building permit processes.
A. 
Purpose
1. 
The shorelines are a significant part of the character of the County and State. The cliffs provide natural heritage, scenic vistas, paleontological resources, and habitat for endangered species. Their preservation is vital to our current and future identity.
2. 
The geology of the shorelines of Calvert County and the naturally occurring erosion processes combine to present landowners with three complex problems: the possibility of moderate to severe shoreline erosion, greater exposure to storms, and cliff failure.
3. 
Regulations governing development along the shoreline are designed to allow development in a manner that will protect the property and the lives of residents, reduce various forms of pollution (sediment/ pesticides/ herbicides/ septic leachate) and protect the scenic, paleontological, and natural resource values of the shoreline.
4. 
There are many factors to be considered when dealing with shore erosion control measures. By allowing shore erosion control within the cliff and shoreline areas, the risk of altering many of the existing features increases. For example, shore erosion control stops the natural erosion process which supplies sand to Calvert County beaches. The Puritan Tiger Beetle, an endangered species, depends on the natural erosion process for its survival. Shore erosion control allows the cliffs to reach a natural angle of repose which will become vegetated and destroy the paleontology, natural beauty and scenic vistas of the cliffs.
B. 
Boundaries
Boundaries include all cliff and shoreline areas on the Chesapeake Bay, Patuxent River and their tidal tributaries. The cliff areas have been separated into three categories based on their priority for preservation. Category 1 is given the greatest priority. Category 1 and 2 areas are listed in paragraph '1' of this Section and are shown on the Cliff Category Overlay map. Category 3 includes all remaining cliff areas along tidal waters.
[Amended 5-4-2010]
1. 
Category 1 is designated for undeveloped cliff sections with significant preservation needs requiring the highest priority for total preservation:
a. 
All park and preserved land with cliffs fronting on the Chesapeake Bay and Patuxent River
b. 
Cove Point LNG Plant to Calvert Cliffs Nuclear Power Plant
c. 
Parkers Cliffs including the Parkers Creek mouth shoreline
d. 
Randle Cliffs
e. 
Matoaka Cliffs (partial: area north of jetties)
f. 
Governors Run Cliffs
g. 
Cliffs north of Willows Beach Colony
h. 
Roosevelt Cliffs Subdivision
[Amended 5-4-2010]
2. 
Category 2 is designated for developed cliff sections with significant preservation needs:
a. 
Scientists Cliffs
b. 
Little Cove Point
c. 
Plum Point South Cliffs
d. 
Matoaka Cliffs (partial, in area of jetties)
e. 
Camp Roosevelt Cliffs
3. 
Category 3 is any cliff sections not placed in Category 1 and 2. These sections are mostly developed.
C. 
Conditions for development on existing lots and parcels
1. 
The minimum cliff setbacks as measured from the top edge of the cliff for primary structures including septic systems and accessory structures over 150 square feet are:
a. 
Category 1. 300 feet or the ER50 line, whichever is greater (Figure 8-2.1). The ER50 line is established by multiplying the annual average erosion rate (Maryland Geological Survey, Erosion Rate Maps, or recent survey data over at least a 10 year period) for the area multiplied by 50. This line represents where the shoreline is estimated to be in 50 years. Shore erosion control measures are not permitted.
b. 
Category 2. 200 feet or the ER50, whichever is greater (Figure 8-2.2). Moving or relocating of structures should be considered before permitting shore erosion control devices to be installed. Shore erosion control will only be permitted if it is the only way to protect the structure. New structures will not be permitted to use shore erosion control.
c. 
Category 3. 100 feet or the ER50, whichever is greater (Figure 8-2.3).
d. 
For Categories 1-3, if the toe of the cliff is greater than 100 feet from the mean high water line (MHW), then the minimum setback is 60 feet from the edge of the cliff (see Figure 8-2.4).
2. 
The minimum cliff setbacks as measured from the top edge of the cliff for accessory structures less than 150 square feet are:
a. 
Category 1: 300 feet or the ER50 whichever is greater,
b. 
Category 2: 200 feet or the ER50, whichever is greater, or
c. 
Category 3: The ER15 line or 60 feet whichever is greater. The ER15 is established by multiplying the annual average erosion rate for the area multiplied by 15. This setback will be measured from the top edge of the cliff. No primary or accessory structure (except for access) will be permitted within the ER15.
3. 
In cases where shore erosion control measures are established and functional (erosion rate considered zero) the cliff setback will be one-and-a-half times the cliff height plus 20 feet measured from the toe of slope.
4. 
Readily movable structures and special construction techniques are required if an entire site is within or if any part of a proposed structure (including septic system and well) is within the ER50 zone.
a. 
Readily movable structures are:
i. 
on masonry piers or crawlspaces, with no walls below grade; or
ii. 
steel beam base or modular construction; or
iii. 
stud wall (not masonry) construction.
b. 
Special construction techniques are:
i. 
gutters and roof runoff is piped away from cliff edge; and
ii. 
septic systems are landward as far as possible from the structure and cliff edge; and
iii. 
excavation is minimized by flush cutting trees except in septic system trenches; and
iv. 
runoff is directed away from the cliff areas or into stormwater management facilities to reduce the amount of surface and ground water runoff directed toward the cliff unless otherwise indicated by the Department of Public Works.
5. 
If structures on a property are damaged due to cliff failure or shoreline erosion, property owners are financially liable for all cleanup costs.
6. 
If a cliff setback has been previously recorded on a plat of a property, then the recorded setback will apply.
7. 
Applicants shall sign a Cliff Liability Waiver, approved by the County Attorney, to hold the Board of County Commissioners, employees, and representatives harmless for any personal injury or property damage sustained by result of construction, development, building or building permit issued or allowed by the County. The Waiver shall be recorded in the Land Records of Calvert County prior to issuance of a building permit.
D. 
Conditions for Subdivisions
All lots shall be set back 300 feet from the cliff edge for land in "Category 1" and 200 feet for land in "Category 2", Shore erosion control shall not be permitted.
EXAMPLES OF THE ABOVE REGULATIONS FOLLOW
Figure 8-2.1
008 8_1.02 Fig 8_2.1 Cat 1.tif
Figure 8-2.2
008 8_1.02 Fig 8_2.1 Cat 2.tif
Figure 8-2.3
008 8_1.02 Fig 8_2.1 Cat 3.tif
Figure 8-2.4
008 8_1.08 Map 8_1.2 Cat 1_3.tif
A. 
Background
1. 
The Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of Calvert County. Special flood hazard areas are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. Structures that are inadequately elevated, improperly floodproofed, or otherwise unprotected from flood damage also contribute to flood losses.
2. 
Calvert County, by resolution, agreed to meet the requirements of the National Flood Insurance Program and was accepted for participation in the program on September 28, 1984. As of that date or as of September 28, 1984 the initial effective date of the Calvert County Flood Insurance Rate Map, all development and new construction as defined herein, are to be compliant with these regulations.
B. 
Purpose
It is the purpose of these regulations to promote the public health, safety and general welfare, and to:
1. 
Protect human life, health and welfare,
2. 
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future,
3. 
Minimize flooding of water supply and sanitary sewage disposal systems,
4. 
Maintain natural drainage,
5. 
Reduce financial burdens imposed on the community, its governmental units and its residents, by discouraging unwise design and construction of development in areas subject to flooding,
6. 
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public,
7. 
Minimize prolonged business interruptions,
8. 
Minimize damage to public facilities and other utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges,
9. 
Reinforce that those who build in and occupy special flood hazard areas should assume responsibility for their actions,
10. 
Minimize the impact of development on adjacent properties within and near flood-prone areas,
11. 
Provide that the flood storage and conveyance functions of floodplains are maintained,
12. 
Minimize the impact of development on the natural and beneficial functions of floodplains,
13. 
Prevent floodplain uses that are either hazardous or environmentally incompatible; and
14. 
Meet community participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 C.F.R. Section 59.22.
[Amended 11-10-2014 by Ord. No. 43-14]
C. 
Boundaries
These regulations shall apply to all special flood hazard areas within the jurisdiction of the Calvert County, and identified below:
1. 
For the purposes of these regulations, the minimum basis for establishing special flood hazard areas and base flood elevations is the Flood Insurance Study for Calvert County, Maryland and Incorporated Areas dated December 16, 2011, and December 19, 2014, or the most recent revision thereof, and the accompanying Flood Insurance Rate Maps and all subsequent amendments and revisions to the FIRMs. The FIS and FIRMs are retained on file and available to the public at the Department of Planning and Zoning.
[Amended 11-10-2014 by Ord. No. 43-14]
2. 
Where field surveyed topography or digital topography indicates that ground elevations are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard on the FIRM, the area shall be considered as special flood hazard area. Where map boundaries and elevations disagree, elevations prevail, with no approval from FEMA required.
3. 
To establish base flood elevations in special flood hazard areas that do not have such elevations shown on the FIRM, the Floodplain Administrator may provide the best available data for base flood elevations, may require the applicant to obtain available information from Federal, State or other sources, or may require the applicant to establish special flood hazard areas and base flood elevations as set forth in Section 8-2.03.H.3-5 of these regulations.
4. 
Land composed of alluvial soils (My soils) on United States Department of Agriculture (USDA) Soil Survey Maps for Calvert County.
D. 
Abrogation and Greater Restrictions
These regulations are not intended to repeal or abrogate any existing regulations and ordinances, including subdivision regulations, zoning ordinances, building codes, or any existing easements, covenants, or deed restrictions. In the event of a conflict between these regulations and any other ordinance or section of this ordinance, the more restrictive shall govern.
E. 
Interpretation
In the interpretation and application of these regulations, all provisions shall be:
1. 
Considered as minimum requirements;
2. 
Liberally construed in favor of the governing body; and,
3. 
Deemed neither to limit nor repeal any other powers granted under State statutes; where a provision of these regulations may be in conflict with a State or Federal law, such State or Federal law shall take precedence,
F. 
Warning and Disclaimer of Liability
1. 
The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur, and flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside of the special flood hazard areas or uses that are permitted within such areas will be free from flooding or flood damage.
2. 
These regulations shall not create liability on the part of Calvert County, any officer or employee thereof, the Maryland Department of the Environment (MDE) or the Federal Emergency Management Agency (FEMA), for any flood damage that results from reliance on these regulations or any administrative decision lawfully made hereunder.
G. 
Severability
Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
H. 
Administration
1. 
Designation of the Floodplain Administrator
The Director of the Department of Planning and Zoning shall appoint the Floodplain Administrator. The Floodplain Administrator may:
a. 
Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees.
b. 
Enter into a written agreement or written contract with another Maryland community or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations (CFR) at 44 C.F.R. Section 59.22.
[Amended 11-10-2014 by Ord. No. 43-14]
2. 
Duties and Responsibilities of the Floodplain Administrator
The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
a. 
Review applications for permits to determine whether proposed activities will be located in flood hazard areas.
b. 
Interpret floodplain boundaries and provide available base flood elevation and flood hazard information.
c. 
Review applications to determine whether proposed activities will be reasonably safe from flooding and require new construction and substantial improvements to meet the requirements of the floodplain regulations.
d. 
Review applications to determine whether all necessary permits have been obtained from the Federal, State or local agencies from which prior or concurrent approval is required; in particular, permits from MDE for any construction, reconstruction, repair, or alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts, structures), any alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water, including any change to the 100-year frequency floodplain of free-flowing nontidal waters of the State.
e. 
Verify that applicants proposing an alteration of a watercourse have notified adjacent communities and MDE (NFIP State Coordinator), and have submitted copies of such notifications to FEMA.
f. 
Advise applicants for new construction or substantial improvement of structures that are located within an area of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act that Federal flood insurance is not available on such structures; areas subject to this limitation are shown on Flood Insurance Rate Maps as Coastal Barrier Resource System Areas (CBRS) or Otherwise Protected Areas (OPA).
g. 
Approve applications and issue permits to develop in flood hazard areas if the provisions of these regulations have been met, or disapprove applications if the provisions of these regulations have not been met.
h. 
Inspect or cause to be inspected, buildings, structures, and other development for which permits have been issued to determine compliance with these regulations or to determine if non-compliance has occurred or violations have been committed.
i. 
Review Elevation Certificates and require incomplete or deficient certificates to be corrected.
j. 
Submit to FEMA, or require applicants to submit to FEMA, data and information necessary to maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by or for Calvert County, within six months after such data and information becomes available if the analyses indicate changes in base flood elevations or boundaries.
[Amended 11-10-2014 by Ord. No. 43-14]
k. 
Maintain and permanently keep records that are necessary for the administration of these regulations, including:
i. 
Flood Insurance Studies, Flood Insurance Rate Maps (including historic studies and maps and current effective studies and maps) and Letters of Map Change; and
ii. 
Documentation supporting issuance and denial of permits, Elevation Certificates, documentation of the elevation (in relation to the datum on the FIRM) to which structures have been floodproofed, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations.
l. 
Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop work orders, and require permit holders to take corrective action.
m. 
Advise the Calvert County Board of Appeals regarding the intent of these regulations and, for each application for a variance, prepare a staff report and recommendation.
n. 
Administer the requirements related to proposed work on existing buildings:
i. 
Make determinations as to whether buildings and structures that are located in flood hazard areas and that are damaged by any cause have been substantially damaged.
ii. 
Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct, and prohibit the non-compliant repair of substantially damaged buildings except for temporary emergency protective measures necessary to secure a property or stabilize a building or structure to prevent additional damage.
o. 
Undertake, as determined appropriate by the Floodplain Administrator due to the circumstances, other actions which may include but are not limited to: issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures; coordinating with other Federal, State, and local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in special flood hazard areas; and assisting property owners with documentation necessary to file claims for Increased Cost of Compliance (ICC) coverage under NFIP flood insurance policies.
[Amended 11-10-2014 by Ord. No. 43-14]
p. 
Notify the Federal Emergency Management Agency when the corporate boundaries of Calvert County have been modified and:
i. 
Provide a map that clearly delineates the new corporate boundaries or the new area for which the authority to regulate pursuant to these regulations has either been assumed or relinquished through annexation; and
ii. 
If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place within six months of the date of annexation and a copy of the amended regulations shall be provided to MDE (NFIP State Coordinator) and FEMA.
q. 
Upon the request of FEMA, complete and submit a report concerning participation in the NFIP which may request information regarding the number of buildings in the SFHA, number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA.
3. 
Use and Interpretation of FIRMs
The Floodplain Administrator shall make interpretations, where needed, as to the exact location of special flood hazard areas, floodplain boundaries, and floodway boundaries. The following shall apply to the use and interpretation of FIRMs and data:
a. 
Where field surveyed topography indicates that ground elevations:
i. 
Are below the base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as special flood hazard area and subject to the requirements of these regulations;
ii. 
Are above the base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the special flood hazard area.
b. 
In FEMA-identified special flood hazard areas where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified special flood hazard areas, any other flood hazard data available from a Federal, State, or other source shall be reviewed and reasonably used.
c. 
Base flood elevations and designated floodway boundaries on FIRMs and in FISs shall take precedence over base flood elevations and floodway boundaries by any other sources if such sources show reduced floodway widths and/or lower base flood elevations.
d. 
Other sources of data shall be reasonably used if such sources show increased base flood elevations and/or larger floodway areas than are shown on FIRMs and in FISs.
e. 
If a Preliminary Flood Insurance Rate Map and/or a Preliminary Flood Insurance Study has been provided by FEMA:
i. 
Upon the issuance of a Letter of Final Determination by FEMA, if the preliminary flood hazard data is more restrictive than the effective data, it shall be used and shall replace the flood hazard data previously provided from FEMA for the purposes of administering these regulations.
[Amended 11-10-2014 by Ord. No. 43-14]
ii. 
Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to Section 8-2.03.C.3 and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.
iii. 
Prior to issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data is permitted where the preliminary base flood elevations floodplain or floodway boundaries exceed the base flood elevations and/or designated floodway widths in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.
[Amended 11-10-2014 by Ord. No. 43-14]
4. 
Permits Required and Expiration
a. 
It shall be unlawful for any person to begin any development or construction which is wholly within, partially within, or in contact with any flood hazard area established in Section 8-2.03.C, including but not limited to: filling; grading; construction of new structures; the substantial improvement of buildings or structures, including repair of substantial damage; placement or replacement of manufactured homes, including substantial improvement or repair of substantial damage of manufactured homes; erecting or installing a temporary structure, or alteration of a watercourse, until a permit is obtained from Calvert County. No such permit shall be issued until the requirements of these regulations have been met.
b. 
In addition to the permits required in paragraph (A), applicants for permits in nontidal waters of the State are advised to contact MDE. Unless waived by MDE, pursuant to Code of Maryland Regulations 26.17.04, Construction on Nontidal Waters and Floodplains, MDE regulates the "100-year frequency floodplain of free-flowing waters," also referred to as nontidal waters of the State. To determine the 100-year frequency floodplain, hydrologic calculations are based on the ultimate development of the watershed, assuming existing zoning. The resulting flood hazard areas delineated using the results of such calculations may be different than the special flood hazard areas established in Section 8-2.03.C of these regulations. A permit from Calvert County is required in addition to any State requirements.
[Amended 11-10-2014 by Ord. No. 43-14]
c. 
A permit in the 100-yr floodplain is valid provided the actual start of work is within 180 days of the date of permit issuance. Requests for extensions shall be submitted in writing. The Floodplain Administrator may grant, in writing, one or more extensions of time, for periods not more than 180 days each.
5. 
Application Required
a. 
At a minimum, applications shall include:
i. 
Site plans drawn to scale showing the nature, location, dimensions, and existing and proposed topography of the area in question, and the location of existing and proposed structures, excavation, filling, storage of materials, drainage facilities, and other proposed activities.
ii. 
Elevation of the existing natural ground where buildings or structures are proposed, referenced to the datum on the FIRM.
iii. 
Delineation of flood hazard areas, designated floodway boundaries, flood zones, base flood elevations, and flood protection setbacks. Base flood elevations shall be used to delineate the boundary of flood hazard areas and such delineations shall prevail over the boundary of SFHAs shown on FIRMs.
iv. 
Where floodways are not delineated or base flood elevations are not shown on the FIRMs, the Floodplain Administrator has the authority to require the applicant to use information provided by the Floodplain Administrator, information that is available from Federal, State, or other sources, or to determine such information using accepted engineering practices or methods approved by the Floodplain Administrator. [Note: See "Managing Floodplain Development in Approximate Zone A Areas: A Guide for Obtaining and Developing Base (100-Year) Flood Elevations" (FEMA 265).]
v. 
Determination of the base flood elevations, for development proposals and subdivision proposals, each with at least 5 lots or at least 5 acres, whichever is the lesser, in special flood hazard areas where base flood elevations are not shown on the FIRM; if hydrologic and hydraulic engineering analyses are submitted, such analyses shall be performed in accordance with the requirements and specifications of MDE and FEMA.
vi. 
Hydrologic and hydraulic engineering analyses for proposals in special flood hazard areas where FEMA has provided base flood elevations but has not delineated a floodway, such analyses shall demonstrate that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot or a lower increase if required by MDE.
vii. 
For encroachments in floodways, an evaluation of alternatives to such encroachments, including different uses of the site or portion of the site within the floodway, and minimization of such encroachment.
viii. 
If fill is proposed to be placed for a purpose other than to elevate structures, the applicant shall indicate the intended purpose for the fill.
ix. 
For proposed buildings and structures, including substantial improvement and repair of substantial damage, and placement and replacement of manufactured homes, including substantial improvement and repair of substantial damage:
(1) 
The proposed elevation of the lowest floor, including basement, referenced to the datum on the FIRM and a signed Agreement to Submit an Elevation Certificate.
(2) 
The signed Declaration of Land Restriction (Nonconversion Agreement) that shall be recorded on the property deed prior to issuance of the Certificate of Use and Occupancy, if the application includes an enclosure below the lowest floor or a crawl/underfloor space that is more than four (4) feet in height.
(3) 
A written evaluation of alternative methods considered to elevate structures and manufactured homes, if the location is in nontidal waters of the State and fill is proposed to achieve the elevation required in Section 8-2.03.J.4.a or J.5.a.
x. 
For accessory structures that are 300 square feet or larger in area (footprint) and that are below the base flood elevation, a signed Declaration of Land Restriction (Nonconversion Agreement) shall be recorded on the property deed prior to issuance of the Certificate of Use and Occupancy.
[Amended 11-10-2014 by Ord. No. 43-14]
xi. 
For temporary structures and temporary storage, specification of the duration of the temporary use.
xii. 
For proposed work on existing buildings, structure, and manufactured homes, including any improvement, addition, repairs, alterations, rehabilitation, or reconstruction, sufficient information to determine if the work constitutes substantial improvement or repair of substantial damage, including but not limited to:
(1) 
If the existing building or structure was constructed after September 28, 1984, evidence that the work will not alter any aspect of the building or structure that was required for compliance with the floodplain management requirements in effect at the time the building or structure was permitted.
(2) 
If the proposed work is a horizontal addition, a description of the addition and whether it will be independently supported or structurally connected to the base building and the nature of all other modifications to the base building, if any.
(3) 
Documentation of the market value of the building or structure before the improvement or, if the work is repair of damage, before the damage occurred.
(4) 
Documentation of the actual cash value of all proposed work, including the actual cash value of all work necessary to repair and restore damage to the before-damaged condition, regardless of the amount of work that will be performed. The value of work performed by the owner or volunteers shall be valued at market labor rates; the value of donated or discounted materials shall be valued at market rates.
xiii. 
Certifications and/or technical analyses prepared or conducted by a licensed professional engineer or licensed architect, as appropriate, including:
(1) 
The determination of the base flood elevations or hydrologic and hydraulic engineering analyses prepared by a licensed professional engineer that are required by the Floodplain Administrator or are required by these regulations in: Section 8-2.03.I.2 for certain subdivisions and development, Section 8-2.03.J.3.a for development in designated floodways; Section 8-2.03.J.3.c for development in flood hazard areas with base flood elevations but no designated floodways; and Section 8-2.03.J.3.e for deliberate alteration or relocation of watercourses.
(2) 
The Floodproofing Certificate for nonresidential structures that are floodproofed as required in Section 8-2.03.J.5.b.
(3) 
Certification that engineered flood openings are designed to meet the minimum requirements of Section 8-2.03.J.4.c.iii to automatically equalize hydrostatic flood forces.
(4) 
Certification that the proposed elevation, structural design, specifications and plans, and the methods of construction to be used for structures in coastal high hazard areas (V Zones) and Coastal A Zones, are in accordance with accepted standards of practice and meet the requirements of Section 8-2.03.K.3.c.
xiv. 
For nonresidential structures that are proposed with floodproofing, an operations and maintenance plan as specified in Section 8-2.03.J.5.b.iii.
xv. 
Such other material and information as may be requested by the Floodplain Administrator and necessary to determine conformance with these regulations.
b. 
New Technical Data
i. 
The applicant may seek a Letter of Map Change by submitting new technical data to FEMA, such as base maps, topography, and engineering analyses to support revision of floodplain and floodway boundaries and/or base flood elevations. Such submissions shall be prepared in a format acceptable to FEMA and any fees shall be the sole responsibility of the applicant. A copy of the submittal shall be attached to the application for a permit.
ii. 
If the applicant submits new technical data to support any change in floodplain and designated floodway boundaries and/or base flood elevations but has not sought a Letter of Map Change from FEMA, the applicant shall submit such data to FEMA as soon as practicable, but not later than six months after the date such information becomes available. Such submissions shall be prepared in a format acceptable to FEMA and any fees shall be the sole responsibility of the applicant.
6. 
Review of Application
The Floodplain Administrator or designee shall:
a. 
Review applications for development in special flood hazard areas to determine the completeness of information submitted. The applicant shall be notified of incompleteness or additional information that is required to support the application.
b. 
Notify applicants that permits from MDE and the U.S. Army Corps of Engineers, and other State and Federal authorities may be required.
c. 
Review all permit applications to assure that all necessary permits have been received from the Federal, State or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits, including permits issued by:
i. 
The U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act;
ii. 
MDE pursuant to COMAR 26.23 (Nontidal Wetlands) and Section 401 of the Clean Water Act;
iii. 
MDE for construction on nontidal waters of the State pursuant to COMAR 26.17.04; and
iv. 
MDE pursuant to COMAR 26.24 (Tidal Wetlands).
d. 
Review applications for compliance with these regulations after all information required in Section 8-2.03.H.1 of these regulations or identified and required by the Floodplain Administrator has been received.
e. 
If the Floodplain Administrator or designee finds that the permit application is not in compliance with the Zoning Ordinance, he/she shall provide a referral to the Clerk of the Board of Appeals and to the applicant indicating the section of the Zoning Ordinance that prohibits the proposed activity. The Floodplain Administrator or designee shall also provide a staff report regarding the request prior to the Board of Appeals hearing.
7. 
Inspections
The Floodplain Administrator, or designee, shall make periodic inspections of development permitted in special flood hazard areas, at appropriate times throughout the period of construction in order to monitor compliance. Such inspections may include:
a. 
Stake-out inspection, to determine location on the site relative to the flood hazard area and designated floodway.
b. 
Foundation inspection, upon placement of the lowest floor and prior to further vertical construction, to collect information or certification of the elevation of the lowest floor.
c. 
Inspection of enclosures below the lowest floor, including crawl/underfloor spaces, to determine compliance with applicable provisions.
d. 
Utility inspection, upon installation of specified equipment and appliances, to determine appropriate location with respect to the base flood elevation.
e. 
Final inspection prior to issuance of the Certificate of Use and Occupancy.
8. 
Submissions Required Prior to Final Inspection
Pursuant to the Agreement to Submit an Elevation Certificate submitted with the application as required in Section 8-2.03.H.5.a.ix.(1), the permittee shall have an Elevation Certificate prepared and submitted prior to final inspection and issuance of a Certificate of Occupancy for elevated structures and manufactured homes, including new structures and manufactured homes, substantially-improved structures and manufactured homes, and additions to structures and manufactured homes. The Elevation Certificate shall be completed by a licensed professional land surveyor or a licensed professional engineer, as specified by the Floodplain Administrator. When used to document the height above grade of buildings in special flood hazard areas for which base flood elevation data are not available, the Elevation Certificate shall be completed in accordance with the instructions issued by FEMA. [Note: FEMA Form 086-0-33 and instructions are available online at http://www.fema.gov/library/viewRecord.do?id=1383.]
[Amended 11-10-2014 by Ord. No. 43-14]
I. 
Requirements In All Flood Hazard Areas
1. 
Application of Requirements
The general requirements of this section apply to all development proposed within all special flood hazard areas identified in Section 8-2.03.C.
2. 
Subdivision Proposals and Development Proposals
a. 
In all flood zones:
i. 
Subdivision proposals and development proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations.
ii. 
Subdivision proposals and development proposals shall have utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
iii. 
Subdivision proposals and development proposals shall have adequate drainage paths provided to reduce exposure to flood hazards and to guide floodwaters around and away from proposed structures.
iv. 
Subdivision proposals and development proposals containing at least 5 lots or at least 5 acres, whichever is the lesser, that are wholly or partially in flood hazard areas where base flood elevation data are not provided by the Floodplain Administrator or available from other sources, shall be supported by determinations of base flood elevations as required in Section 8-2.03.H.5 of these regulations.
v. 
Subdivision access roads shall have the driving surface at or above the base flood elevation.
b. 
In special flood hazard areas or nontidal waters of the State:
i. 
Except for unavoidable road and driveway crossings and stormwater management, subdivision proposals shall be laid out such that proposed building pads and Building Restriction Lines are located outside of the special flood hazard area and any portion of platted lots that include land areas that are below the base flood elevation shall be used for other purposes, deed restricted, or otherwise protected to preserve it as open space. Natural vegetation shall be maintained or allowed to naturally regenerate in the special flood hazard area of a subdivision. The control of invasive species during natural regeneration is encouraged.
ii. 
Subdivision access roads shall have the driving surface at or above the base flood elevation.
3. 
Protection of Water Supply and Sanitary Sewage Systems
a. 
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems.
b. 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into systems and discharges from systems into floodwaters.
c. 
On-site waste disposal systems shall be located to avoid impairment to or contamination from them during conditions of flooding.
4. 
Buildings and Structures.
New buildings and structures (including the placement and replacement of manufactured homes) and substantial improvement of existing structures (including manufactured homes) that are located, in whole or in part, in any special flood hazard area shall:
a. 
Be designed (or modified) and constructed to safely support flood loads. The construction shall provide a complete load path capable of transferring all loads from their point of origin through the load-resisting elements to the foundation. Structures shall be designed, connected and anchored to resist flotation, collapse or permanent lateral movement due to structural loads and stresses, including hydrodynamic and hydrostatic loads and the effects of buoyancy, from flooding equal to the flood protection elevation or the elevation required by these regulations or the building code, whichever is higher.
b. 
Be constructed by methods and practices that minimize flood damage.
c. 
Use flood damage-resistant materials below the elevation of the lowest floor required in Section 8-2.03.J.4.a (for A Zones) or Section 8-2.03.K.3.b (for V Zones and Coastal A Zones).
d. 
Have electrical systems, equipment and components, and mechanical, heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment located at or above the elevation of the lowest floor required in Section 8-2.03.J.4.a or J.5.a (A Zones) or Section 8-2.03.K.3.b (V Zones and Coastal A Zones). Electrical wiring systems are permitted to be located below elevation of the lowest floor provided they conform to the provisions of the electrical part of the building code for wet locations. If replaced as part of a substantial improvement, electrical systems, equipment and components, and heating, ventilation, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment shall meet the requirements of this section.
e. 
As an alternative to paragraph (d), electrical systems, equipment and components, and heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment are permitted to be located below the elevation of the lowest floor provided they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to that elevation.
f. 
Have the electric panelboard elevated at least four (4) feet above the BFE.
[Amended 11-10-2014 by Ord. No. 43-14]
g. 
If located in flood hazard areas (A Zones) that are not identified as Coastal A Zones and coastal high hazard areas (V Zones), comply with the specific requirements of Section 8-2.03.J.
h. 
If located in the Coastal A Zone, comply with the specific requirements of:
i. 
Section 8-2.03.K (new construction and placement of new manufactured homes); or
ii. 
Section 8-2.03.J (substantial improvements (including repair of substantial damage) and replacement of manufactured homes).
i. 
If located in coastal high hazard areas (V Zones), comply with the specific requirements of Section 8-2.03.K.
j. 
Comply with the requirements of the most restrictive designation if located on a site that has more than one flood zone designation (A Zone, designated floodway, Coastal A Zone, V Zone).
5. 
Placement of Fill
a. 
Disposal of fill, including but not limited to earthen soils, rock, rubble, construction debris, woody debris, and trash, shall not be permitted in special flood hazard areas.
b. 
Fill shall not be placed in Coastal A Zones or coastal high hazard areas (V Zones) except as provided in Section 8-2.03.K.2.
c. 
Fill proposed to be placed to elevate structures in flood hazard areas (A Zones) that are not Coastal A Zones or coastal high hazard areas (V Zones) shall comply with the floodways requirements in Section 8-2.03.J.3.a, Section 5.3(B), and Section 5.3(C) and the limitations of Section 8-2.03.J.4.b.
6. 
Historic Features
Repair, alteration, addition, rehabilitation, or other improvement of historic features shall be subject to the requirements of these regulations if the proposed work is determined to be a substantial improvement, unless a determination is made that the proposed work will not preclude the feature's continued designation as a historic feature. The Floodplain Administrator may require documentation of a structure's continued eligibility and designation as a historic feature.
7. 
Manufactured Homes
a. 
New manufactured homes shall not be placed or installed in floodways or coastal high hazard areas (V Zones).
b. 
For the purpose of these regulations, the lowest floor of a manufactured home is the bottom of the lowest horizontal supporting member (longitudinal chassis frame beam).
c. 
New manufactured homes located outside of floodways and coastal high hazard areas (V Zones), replacement manufactured homes in any flood hazard areas, and substantial improvement (including repair of substantial damage) of existing manufactured homes in all flood hazard area, shall:
i. 
Be elevated on a permanent, reinforced foundation in accordance with Section 8-2.03.J or K, as applicable to the flood zone;
ii. 
Be installed in accordance with the anchor and tie-down requirements of the building code or the manufacturer's written installation instructions and specifications; and
iii. 
Have enclosures below the lowest floor of the elevated manufactured home, if any, including enclosures that are surrounded by rigid skirting or other material that is attached to the frame or foundation, that comply with the requirements of Section 8-2.03.J or K, as applicable to the flood zone.
[Note: See "Protecting Manufactured Homes from Floods and Other Hazards: A Multi-Hazard Foundation and Installation Guide" (FEMA P-85).]
8. 
Recreational Vehicles
Recreational vehicles shall:
a. 
Meet the requirements for manufactured homes in Section 8-2.03.1.7; or
b. 
Be fully licensed and ready for highway use; or
c. 
Be on a site for less than 180 consecutive days.
9. 
Critical and Essential Facilities
Critical and essential facilities shall:
[Amended 11-10-2014 by Ord. No. 43-14]
a. 
Not be located in coastal high hazard areas (V Zones), Coastal A Zones or floodways.
b. 
If located in flood hazard areas other than coastal high hazard areas, Coastal A Zones and floodways, be elevated to the higher of elevation required by these regulations plus one foot (3 foot above the base flood elevation), the elevation required by the building code, or the elevation of the 0.2 percent chance (500-year) flood.
10. 
Temporary Structures and Temporary Storage
In addition to the application requirements of Section 8-2.03.H.5, applications for the placement or erection of temporary structures and the temporary storage of any goods, materials, and equipment, shall specify the duration of the temporary use. Temporary structures and temporary storage in floodways shall meet the limitations of Section 8-2.03.J.3.a of these regulations. In addition:
a. 
Temporary structures shall:
i. 
Be designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic loads and hydrostatic loads during conditions of the base flood;
ii. 
Have electric service installed in compliance with the electric code; and
iii. 
Comply with all other requirements of the applicable State and local permit authorities.
b. 
Temporary storage shall not include hazardous materials.
11. 
Gas or Liquid Storage Tanks
a. 
Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the base flood.
b. 
Above-ground tanks in flood hazard areas shall be anchored to a supporting structure and elevated to or above the base flood elevation, or shall be anchored or otherwise designed and constructed to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood.
c. 
In flood hazard areas, tank inlets, fill openings, outlets and vents shall be:
i. 
At or above the base flood elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the base flood; and
ii. 
Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood.
12. 
Functionally Dependent Uses
Applications for functionally dependent uses that do not conform to the requirements of these regulations shall be approved only by variances issued pursuant to Section 8-2.03.L. If approved, functionally dependent uses shall be protected by methods that minimize flood damage during the base flood, including measures to allow floodwaters to enter and exit, use of flood damage-resistant materials, and elevation of electric service and equipment to the extent practical given the use of the building.
J. 
Requirements In Flood Hazard Areas (A Zones) That Are Not Coastal High Hazard Areas Or Coastal A Zones
1. 
General Requirements
In addition to the general requirements of Section 8-2.03.I, the requirements of this section shall:
a. 
Apply in flood hazard areas that are not identified as coastal high hazard areas (V Zones) or Coastal A Zones. These flood hazard areas, referred to collectively as "A Zones," include special flood hazard areas along nontidal waters of the State landward coastal high hazard areas (V Zones), and landward of Coastal A Zones (if delineated).
b. 
Apply to all development, new construction, substantial improvements (including repair of substantial damage), and placement, replacement, and substantial improvement (including repair of substantial damage) of manufactured homes.
2. 
Development that Affects Flood-Carrying Capacity of Nontidal Waters of the State
a. 
Development in Designated Floodways
For proposed development that will encroach into a designated floodway, Section 8-2.03.H.5.a.vii requires the applicant to submit an evaluation of alternatives to such encroachment, including different uses of the site or the portion of the site within the floodway, and minimization of such encroachment. This requirement does not apply to fences that do not block the flow of floodwaters or trap debris. Proposed development in a designated floodway may be permitted only if:
i. 
The applicant has been issued a permit by MDE; and
ii. 
The applicant has developed hydrologic and hydraulic engineering analyses and technical data prepared by a licensed professional engineer reflecting such changes, and the analyses, which shall be submitted to the Floodplain Administrator, demonstrate that the proposed activity will not result in any increase in the base flood elevation; or
iii. 
The analyses demonstrate that the proposed activities will not result in an increase in the base flood elevation, and the applicant has obtained a Conditional Letter of Map Revision or Letter of Map Revision from FEMA upon completion of the project.
[Amended 11-10-2014 by Ord. No. 43-14]
iv. 
Submittal requirements and fees shall be the responsibility of the applicant.
b. 
Development that Includes the Placement of Fill in Nontidal Waters of the State
For proposed development that includes the placement of fill in nontidal waters of the State, other than development that is subject to paragraph (d), a hydraulically-equivalent volume of excavation is required. Such excavations shall be designed to drain freely.
c. 
Development in Areas with Base Flood Elevations but No Designated Floodways
For development in special flood hazard areas of nontidal waters of the State with base flood elevations but no designated floodways:
i. 
The applicant shall develop hydrologic and hydraulic engineering analyses and technical data reflecting the proposed activity and shall submit such technical data to the Floodplain Administrator as required in Section 8-2.03.H.4.a. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a Conditional Letter of Map Revision and a Letter of Map Revision upon completion of the project. Submittal requirements and fees shall be the responsibility of the applicant.
[Amended 11-10-2014 by Ord. No. 43-14]
ii. 
The proposed development may be permitted if the applicant has received a permit by MDE and if the analyses demonstrate that the cumulative effect of the proposed development, when combined with all other existing and potential flood hazard area encroachments will not increase the base flood elevation more than 1.0 foot at any point.
d. 
Construction of Roads, Bridges, Culverts, Dams and In-Stream Ponds
Construction of roads, bridges, culverts, dams, and in-stream ponds in nontidal waters of the State shall not be approved unless they comply with this section and the applicant has received a permit from MDE.
e. 
Alteration of a Watercourse
For any proposed development that involves alteration of a watercourse not subject to paragraph (c), unless waived by MDE, the applicant shall develop hydrologic and hydraulic engineering analyses and technical data reflecting such changes, including the floodway analysis required in Section 8-2.03.H.4.a, and submit such technical data to the Floodplain Administrator and to FEMA. The analyses shall be prepared by a licensed professional engineer in a format required by MDE and by FEMA for a Conditional Letter of Map Revision or Letter of Map Revision. Submittal requirements and fees shall be the responsibility of the applicant. Alteration of a watercourse may be permitted only upon submission, by the applicant, of the following:
i. 
A description of the extent to which the watercourse will be altered or relocated;
ii. 
A certification by a licensed professional engineer that the flood-carrying capacity of the watercourse will not be diminished;
iii. 
Evidence that adjacent communities, the U.S. Army Corps of Engineers, and MDE have been notified of the proposal, and evidence that such notifications have been submitted to FEMA; and
iv. 
Evidence that the applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of the watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the applicant to enter into an agreement with Calvert County specifying the maintenance responsibilities; if an agreement is required, the permit shall be conditioned to require that the agreement be recorded on the deed of the property which shall be binding on future owners.
3. 
Residential Structures and Residential Portions of Mixed Use Structures
New residential structures and residential portions of mixed use structures, and substantial improvement (including repair of substantial damage) of existing residential structures and residential portions of mixed use structures shall comply with the applicable requirements of Section 8-2.03.l and this section. See Section 8-2.03.J.6 for requirements for horizontal additions.
a. 
Elevation Requirements
i. 
Lowest floors shall be elevated to or above the flood protection elevation (2 foot above the Base Flood Elevation).
[Amended 11-10-2014 by Ord. No. 43-14]
ii. 
In areas of shallow flooding (Zone AO), the lowest floor (including basement) shall be elevated at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM plus two (2) feet, or at least four (4) feet if a depth number is not specified. Enclosures below the lowest floor shall meet the requirements of paragraph (c).
b. 
Limitations on Use of Fill to Elevate Structures
Unless otherwise restricted by these regulations, especially by the limitations in Section 8-2.03.J.3.a, b, and c, fill placed for the purpose of raising the ground level to support a building or structure shall:
i. 
Consist of earthen soil or rock materials only.
ii. 
Extend laterally from the building footprint to provide for adequate access as a function of use; the Floodplain Administrator may seek advice from the State Fire Marshal's Office and/or the local fire services agency;
iii. 
Comply with the requirements of the building code and be placed and compacted to provide for stability under conditions of rising and falling floodwaters and resistance to erosion, scour, and settling;
iv. 
Be sloped no steeper than one (1) vertical to two (2) horizontal, unless approved by the Floodplain Administrator;
v. 
Be protected from erosion associated with expected velocities during the occurrence of the base flood; unless approved by the Floodplain Administrator, fill slopes shall be protected by vegetation if the expected velocity is less than five feet per second, and by other means if the expected velocity is five feet per second or more; and
vi. 
Be designed with provisions for adequate drainage and no adverse effect on adjacent properties.
c. 
Enclosures Below the Lowest Floor
i. 
Enclosures below the lowest floor shall be used solely for parking of vehicles, building access, crawl/underfloor spaces, or limited storage.
ii. 
Enclosures below the lowest floor shall be constructed using flood damage-resistant materials.
iii. 
Enclosures below the lowest floor shall be provided with flood openings which shall meet the following criteria: [Note: See NFIP Technical Bulletin #1, "Openings in Foundation Walls and Walls of Enclosures Below Elevated Buildings."]
(1) 
There shall be a minimum of two flood openings on different sides of each enclosed area; if a building has more than one enclosure below the lowest floor, each such enclosure shall have flood openings on exterior walls.
(2) 
The total net area of all flood openings shall be at least 1 square inch for each square foot of enclosed area (non-engineered flood openings), or the flood openings shall be engineered flood openings that are designed and certified by a licensed professional engineer to automatically allow entry and exit of floodwaters; the certification requirement may be satisfied by an individual certification or an Evaluation Report issued by the ICC Evaluation Service, Inc.
(3) 
The bottom of each flood opening shall be 1 foot or less above the higher of the interior floor or grade, or the exterior grade, immediately below the opening.
(4) 
Any louvers, screens or other covers for the flood openings shall allow the automatic flow of floodwaters into and out of the enclosed area.
(5) 
If installed in doors, flood openings that meet requirements of paragraphs (1) through (4), are acceptable; however, doors without installed flood openings do not meet the requirements of this section.
4. 
Nonresidential Structures and Nonresidential Portions of Mixed Use Structures
New nonresidential structures and nonresidential portions of mixed use structures, and substantial improvement (including repair of substantial damage) of existing nonresidential structures and nonresidential portions of mixed use structures shall comply with the applicable requirements of Section 8-2.03.I and the requirements of this section. See Section 8-2.03.J.6 for requirements for horizontal additions.
a. 
Elevation Requirements
Elevated structures shall:
i. 
Have the lowest floor (including basement) elevated to or above the flood protection elevation; or
ii. 
In areas of shallow flooding (Zone AO), have the lowest floor (including basement) elevated at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM plus two (2) feet, or at least four (4) feet if a depth number is not specified; and
iii. 
Have enclosures below the lowest floor, if any, that comply with the requirements of Section 8-2.03.J.4.c; or
iv. 
If proposed to be elevated on fill, meet the limitations on fill in Section 8-2.03.J.4.b.
b. 
Floodproofing Requirements
i. 
Floodproofing of new nonresidential buildings:
(1) 
Is not allowed in nontidal waters of the State (COMAR 26.17.04.11(B)(7)).
(2) 
Is not allowed in Coastal A Zones.
ii. 
Floodproofing for substantial improvement of nonresidential buildings:
(1) 
Is allowed in nontidal waters of the State.
(2) 
Is allowed in Coastal A Zones.
iii. 
If floodproofing is proposed, structures shall:
(1) 
Be designed to be dry floodproofed such that the building or structure is watertight with walls and floors substantially impermeable to the passage of water to the level of the flood protection elevation plus 1.0 foot, or
(2) 
If located in an area of shallow flooding (Zone AO), be dry floodproofed at least as high above the highest adjacent grade as the depth number specified on the FIRM plus three (3) feet, or at least five (5) feet if a depth number is not specified; and
(3) 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
(4) 
Have floodproofing measures that are designed taking into consideration the nature of flood-related hazards; frequency, depth and duration of flooding; rate of rise and fall of floodwater; soil characteristics; flood-borne debris; at least 12 hours of flood warning time from a credible source; and time necessary to implement any measures that require human intervention;
(5) 
Have at least one door above the applicable flood elevation that allows human ingress and egress during conditions of flooding;
(6) 
Have an operations and maintenance plan that is filed with local emergency management officials and that specifies the owner/occupant's responsibilities to monitor flood potential; the location of any shields, doors, closures, tools, or other goods that are required for implementation; maintenance of such goods; methods of installation; and periodic inspection; and
(7) 
Be certified by a licensed professional engineer or licensed architect, through execution of a Floodproofing Certificate that states that the design and methods of construction meet the requirements of this section. The Floodproofing Certificate shall be submitted with the construction drawings as required in Section 8-2.03.H.5.a.xiii.
5. 
Horizontal Additions
a. 
A horizontal addition proposed for a building or structure that was constructed after the date specified in Section 8-2.03.A.2 shall comply with the applicable requirements of Section 8-2.03.I and this section.
b. 
In nontidal waters of the State that are subject to the regulatory authority of MDE, all horizontal additions shall comply with the applicable requirements of Section 8-2.03.I and this section and:
i. 
If the addition is structurally connected to the base building, the requirements of paragraph (c) apply.
ii. 
If the addition has an independent foundation and is not structurally connected to the base building and the common wall with the base building is modified by no more than a doorway, the base building is not required to be brought into compliance.
c. 
For horizontal additions that are structurally connected to the base building:
i. 
If the addition combined with other proposed repairs, alterations, or modifications of the base building constitutes substantial improvement, the base building and the addition shall comply with the applicable requirements of Section 8-2.03.I and this section.
ii. 
If the addition constitutes substantial improvement, the base building and the addition shall comply with all of the applicable requirements of Section 8-2.03.I and this section.
d. 
For horizontal additions with independent foundations that are not structurally connected to the base building and the common wall with the base building is modified by no more than a doorway, the base building is not required to be brought into compliance.
e. 
A horizontal addition to a building or structure that is not substantial improvement, and is not located in nontidal waters of the State, is not required to comply with this section. Note: See "Substantial Improvement/Substantial Damage Desk Reference" (FEMA P-758).]
[Added 11-10-2014 by Ord. No. 43-14]
6. 
Accessory Structures
a. 
In the 100-yr floodplain, detached accessory structures shall be limited to no more than 300 square feet in total floor area and shall be used solely for parking of vehicles and limited storage.
[Amended 11-10-2014 by Ord. No. 43-14]
b. 
In the 100-yr floodplain, garages attached to the primary structure shall be elevated to the greatest extent possible, but may be permitted as an exemption to the strict elevation requirement if it is no more than 600 square feet in area and meets the requirement of 8-2.03.J.6.c.
c. 
Accessory structures shall comply with the elevation requirements and other requirements of Section 8-2.03.J.4, the floodproofing requirements of Section 8-2.03.J.5.b, or shall:
i. 
Be useable only for parking of vehicles or limited storage;
ii. 
Be constructed with flood damage-resistant materials below the base flood elevation;
iii. 
Be constructed and placed to offer the minimum resistance to the flow of floodwaters;
iv. 
Be anchored to prevent flotation;
v. 
Have electrical service and mechanical equipment elevated to or above the base flood elevation; and
vi. 
Have flood openings that meet the requirements of Section 8-2.03.J.4.c.
K. 
Requirements in Coastal High Hazard Areas (V Zones) and Coastal A Zones
1. 
General Requirements
In addition to the general requirements of Section 8-2.03.I, the requirements of this section shall:
a. 
Apply in flood hazard areas that are identified as coastal high hazard areas (V Zones) and Coastal A Zones (if delineated).
b. 
Apply to all development, new construction, substantial improvements (including repair of substantial damage), and placement, replacement, and substantial improvement (including repair of substantial damage) of manufactured homes.
Exception: In Coastal A Zones, the requirements of Section 5.0 shall apply to substantial improvements (including repair of substantial damage), and substantial improvement of manufactured homes (including repair of substantial damage) and replacement manufactured homes.
[Note: See Coastal Construction Manual (FEMA 55).]
2. 
Location and Site Preparation
a. 
The placement of structural fill for the purpose of elevating buildings is prohibited.
b. 
Buildings shall be located landward of the reach of mean high tide.
c. 
Minor grading, and the placement of minor quantities of fill, shall be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios and walkways.
d. 
Site preparations shall not alter sand dunes unless an engineering analysis demonstrates that the potential for flood damage is not increased.
3. 
Residential and Nonresidential Structures
New structures and substantial improvement (including repair of substantial damage) of existing structures shall comply with the applicable requirements of Section 8-2.03.I and the requirements of this section.
a. 
Foundations
i. 
Structures shall be supported on pilings or columns and shall be adequately anchored to such pilings or columns. Pilings shall have adequate soil penetrations to resist the combined wave and wind loads (lateral and uplift). Water loading values used shall be those associated with the base flood. Wind loading values shall be those required by applicable building codes. Pile embedment shall include consideration of decreased resistance capacity caused by scour of soil strata surrounding the piling.
ii. 
Slabs, pools, pool decks and walkways shall be located and constructed to be structurally independent of structures and their foundations to prevent transfer of flood loads to the structures during conditions of flooding, scour, or erosion from wave-velocity flow conditions, and shall be designed to minimize debris impacts to adjacent properties and public infrastructure.
b. 
Elevation Requirements
i. 
The bottom of the lowest horizontal structural member that supports the lowest floor shall be located at or above the flood protection elevation.
ii. 
Basement floors that are below grade on all sides are prohibited.
iii. 
The space below an elevated building shall either be free-of-obstruction or, if enclosed by walls, shall meet the requirements of paragraph (d). [Note: See NFIP Technical Bulletin #5, "Free-of-Obstruction Requirements."]
c. 
Certification of Design
As required in Section 8-2.03.H.5.a.xiii, the applicant shall include in the application a certification prepared by a licensed professional engineer or a licensed architect that the design and methods of construction to be used meet the requirements of paragraph (a), paragraph (b), paragraph (d), and the building code.
d. 
Enclosures Below the Lowest Floor
i. 
Enclosures below the lowest floor shall be used solely for parking of vehicles, building access or limited storage.
ii. 
Enclosures below the lowest floor shall be less than 299 square feet in area (exterior measurement).
iii. 
Walls and partitions are permitted below the elevated floor, provided that such walls and partitions are designed to break away under flood loads and are not part of the structural support of the building or structure. [Note: See NFIP Technical Bulletin #9, "Design and Construction Guidance for Breakaway Walls."]
iv. 
Electrical, mechanical, and plumbing system components shall not be mounted on or penetrate through walls that are designed to break away under flood loads.
v. 
Walls intended to break away under flood loads shall be constructed with insect screening or open lattice, or shall be designed to break away or collapse without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system. Such walls, framing and connections shall have a design safe loading resistance of not less than 10 pounds per square foot and no more than 20 pounds per square foot; or
vi. 
Where wind loading values of the building code exceed 20 pounds per square foot, the applicant shall submit a certification prepared and sealed by a licensed professional engineer or licensed architect that:
(1) 
The walls and partitions below the lowest floor have been designed to collapse from a water load less than that which would occur during the base flood.
(2) 
The elevated portion of the building and supporting foundation system have been designed to withstand the effects of wind and flood loads acting simultaneously on all building components (structural and nonstructural). Water loading values used shall be those associated with the base flood; wind loading values used shall be those required by the building code.
(3) 
In Coastal A Zones, in addition to the requirements of this section, walls below the lowest floor shall have flood openings that meet the requirements of Section 8-2.03.J. 4.c.iii.
4. 
Horizontal Additions to Structures
a. 
A horizontal addition proposed for a building or structure that was constructed after the date specified in Section 8-2.03.A.2 shall comply with the applicable requirements of Section 8-2.03.I and this section.
b. 
For horizontal additions, whether structurally connected or not structurally connected, to the base building:
i. 
If the addition combined with other proposed repairs, alterations, or modifications of the base building constitutes substantial improvement, the base building and the addition shall comply with the applicable requirements of Section 8-2.03.I and this section.
ii. 
If the addition constitutes substantial improvement, the base building and the addition shall comply with all of the applicable requirements of Section 8-2.03.I and this section. [Note: The base building is required to comply otherwise it is an obstruction that does not comply with the free-of-obstruction requirement that applies to the elevated addition, see Section 8-2.03.K.3.b.iii.]
c. 
A horizontal addition to a building or structure that is not substantial improvement is not required to comply with this section.
[Added 11-10-2014 by Ord. No. 43-14]
5. 
Accessory Structures
a. 
Accessory structures shall be limited to no more than 300 square feet in total floor area.
[Amended 11-10-2014 by Ord. No. 43-14]
b. 
Accessory structures shall comply with the elevation requirements and other requirements of Section 8-2.03.K.3 or, if not elevated, shall:
i. 
Be useable only for parking of vehicles or limited storage;
ii. 
Be constructed with flood damage-resistant materials below the base flood elevation;
iii. 
Be constructed and placed to offer the minimum resistance to the flow of floodwaters;
iv. 
Be anchored to prevent flotation;
v. 
Have electrical service and mechanical equipment elevated to or above the base flood elevation; and
vi. 
If larger than 100 square feet in size, have walls that meet the requirements of Section 8-2.03.K.3.d.iii through vi, as applicable for the flood zone; and if located in Coastal A Zones, walls shall have flood openings that meet the requirements of Section 8-2.03.J.4.c.iii.
6. 
Other Structures and Development
[Note: See NFIP Technical Bulletin #5, "Free-of-Obstruction Requirements."]
a. 
Decks and Patios
In addition to the requirements of the building code or the residential code, decks and patios shall be located, designed, and constructed in compliance with the following:
i. 
A deck that is structurally attached to a building or structure shall have the bottom of the lowest horizontal structural member at or above the flood protection elevation and any supporting members that extend below the design flood elevation shall comply with the foundation requirements that apply to the building or structure, which shall be designed to accommodate any increased loads resulting from the attached deck.
ii. 
A deck or patio that is located below the flood protection elevation shall be structurally independent from structures and their foundation systems, and shall be designed and constructed either to remain intact and in place during base flood conditions or to break apart into small pieces that will not cause structural damage to adjacent elevated structures.
iii. 
A deck or patio that has a vertical thickness of more than 12 inches or that is constructed with more than the minimum amount of fill that is necessary for site drainage shall not be approved unless an analysis demonstrates no harmful diversion of floodwaters or wave run-up and wave reflection that would increase damage to adjacent elevated structures.
iv. 
A deck or patio that has a vertical thickness of 12 inches or less and that is at natural grade or on fill material that is similar to and compatible with local soils and is the minimum amount necessary for site drainage may be approved without requiring analysis of the impact on diversion of floodwaters or wave run-up and wave reflection.
b. 
Other Development
Other development activities shall be permitted only if located outside the footprint of, and not structurally attached to, structures, and only if an analysis demonstrates no harmful diversion of floodwaters or wave run-up and wave reflection onto adjacent elevated structures. Other development includes but is not limited to:
i. 
Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;
ii. 
Solid fences, privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under base flood conditions; and
iii. 
Mounded septic systems.
L. 
Variances
The Board of Appeals shall have the power to consider and authorize or deny variances from the strict application of the requirements of these regulations. A variance shall be approved only if it is determined to not be contrary to the public interest and where, owing to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations, an unnecessary hardship would result. Administrative variances are not allowed for variances to floodplain criteria. See Section 11-1.01.D.
M. 
Enforcement
1. 
No building, structure or development shall hereafter be located, erected, constructed, reconstructed, improved, repaired, extended, converted, enlarged or altered without full compliance with the floodplain regulations (Section 8-2.03) and all other applicable regulations.
2. 
Failure to obtain a permit for development in the floodplain shall be a violation of these regulations and shall be subject to a Notice of Violation, Stop Work Order and penalties in accordance with Section 8-2.08 and Section 1-7 of the Zoning Ordinance.
[Amended 11-10-2014 by Ord. No. 43-14]
3. 
Permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the specific activities set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction of such specific activities in the floodplain that are contrary to that authorization shall be deemed a violation of these regulations.
N. 
All ordinances or parts of ordinances that are inconsistent with the provisions of Sections 8-2.03 and 11-1.01.D of the Zoning Ordinance are hereby repealed to the extent of such inconsistency. Sections 8-2.03, 11-1.01.D, and Article 12 of the Zoning Ordinance shall be amended as required by the Federal Emergency Management Agency, Title 44, Code of Federal Regulations. All subsequent amendments to Sections 8-2.03, 11-1.01.D, and definitions in Article 12, restricted to those definitions required by Title 44, Code of Federal Regulations, of the Zoning Ordinance are subject to the approval of the Federal Emergency Management Agency and the Maryland Department of the Environment.
[Added 11-10-2014 by Ord. No. 43-14]
[Amended 8-28-2007; 10-27-2010]
A. 
Purpose
Regulations governing development on erodible soils adjoining streams and slopes 25 percent or greater are designed to protect County and State waterways from the negative effects of siltation and nutrification.
B. 
Background
The most severely erodible soils in Calvert County are SrE and ErE soils. These soils are associated with steep slopes and represent a severe loss of stabilizing top soil and most subsoils.
C. 
The following conditions apply to existing lots or parcels in all Zoning Districts and all properties in the Employment Center (EC) and Town Center (TC) Districts (regardless of whether the lot existed as of the effective date of this Ordinance). Structures, grading and/or clearing are not permitted either on slopes 25 percent or greater or on SrE and ErE soils within 100 feet of a perennial or intermittent stream unless the applicant demonstrates that the following conditions are or will be met:
1. 
A structural or geotechnical engineer licensed by the State of Maryland shall certify that soil conditions will support the proposed construction.
2. 
Super silt fences or other perimeter controls required by the Soil Conservation Service shall be installed and maintained around the disturbed area.
3. 
After final grade is established, vegetative matting or sod shall be installed and the site shall be permanently stabilized to prevent erosion.
4. 
A reforestation plan shall be developed to replant any remaining unforested area between the improvements and any adjoining stream.
5. 
If the affected area is designated "conservation area" on a record plat, then the disturbance and construction shall require approval by the Planning Commission.
6. 
If a point discharge is created, discharge from structural practices shall not be directed toward steep slopes unless adequate measures to prevent erosion are provided as approved by the County Engineer.
The agency reviewing the proposed development for site plan, plot plan, building permit, or other approval shall be responsible for determining whether or not the conditions have been met and whether adequate environmental protection is being provided.
D. 
Conditions for lots created after the effective date of this Ordinance (05/01/06) (except in the EC & TC Districts. See paragraph 'C' of this Section for conditions in these Districts). The agency reviewing the proposed development for site plan, plot plan, building permit, or other approval shall be responsible for determining whether or not the conditions have been met and whether adequate environmental protection is being provided.
1. 
No structure, grading or clearing shall be permitted on SrE and ErE soils within 100 feet of a perennial or intermittent stream.
2. 
No structure, grading or clearing shall be permitted on existing slopes 25 percent or greater or within 10 feet of the steep slopes.
3. 
If the Planning Commission or its designee approves that the slopes can be graded out to less than 25 percent for construction of roads to provide access to lots, then conditions 4 through 7 apply.
4. 
Areas shown as conservation areas or Forest Retention Areas on recorded subdivision plats shall not be disturbed.
5. 
Super silt fences or other perimeter controls required by the Soil Conservation Service shall be installed and maintained around the disturbed area until final grade is established.
6. 
After final grade is established, if slope is greater than 10 percent, then erosion control matting or sod shall be installed to prevent erosion.
7. 
Temporary fencing shall be installed to delineate areas not to be disturbed.
A. 
Purpose
Regulations governing development in and adjacent to wetlands are intended to protect wetlands from the negative effects of siltation and nutrification caused by development. It is the purpose of the County to achieve no significant loss of wetlands.
B. 
Boundaries
Boundaries are as delineated and verified by qualified professionals as meeting the definition of jurisdictional wetlands according to State and/or Federal regulation.
C. 
The following regulations apply to all development activities within and adjacent to wetlands:
[Amended 5-4-2010]
1. 
Delineation. Tidal and non-tidal wetlands and buffers shall be delineated on all site plans, subdivision plats, and grading and building permit applications by qualified professionals as per the applicable "Federal Manual for the Identifying and Delineating of Jurisdictional Wetlands", as amended from time to time. A wetland report compiled by a qualified expert shall be submitted to confirm the delineation. The Zoning Officer shall determine if the wetland report and delineation are acceptable and may also require a Jurisdictional Determination by the U.S. Army Corps of Engineers to verify wetland location.
[Amended 5-4-2010]
2. 
Waiver of Delineation. The delineation may be waived by the Zoning Officer, upon a recommendation by the Environmental Planner that the development will not impact the wetlands or buffers and the project will not affect the lot density.
3. 
Platting. All site plan, subdivision plat, building and grading permits shall have a disclaimer placed on them that reads: "The issuance of County permits or approvals is a local process and does not imply that the applicant has met State and Federal requirements for wetlands under COMAR; the Federal Water Pollution Control Act; or the Rivers and Harbors Act. The disclaimer shall be signed by the applicant.
4. 
Buffer. A buffer zone of 50 feet adjacent to nontidal wetlands and 100 feet adjacent to tidal wetlands shall be maintained and the following additional requirements shall apply to the wetland buffer:
[Amended 5-4-2010]
a. 
These areas shall be designated on the preliminary and final subdivision plat and/or site plan or plot plan, with a note included on each stating the following: "These areas are to be left undisturbed in perpetuity and to serve for water quality benefits."
b. 
When any disturbance is proposed within 100 feet of the edge of the wetland buffer, protective snow fencing shall be placed at the edge of the buffer;
c. 
A 10-foot building setback shall be maintained from the edge of the wetland buffer;
d. 
The tidal wetland buffer shall be expanded as described in Section 8-1.08.D.2.B; and
e. 
Existing vegetation in the nontidal wetland buffers shall be maintained except for approved wetland fill, crossings, and stormwater management that is located outside of the wetland. In addition, trees that are a threat to structures and invasive species may be removed within the buffer with a vegetation removal permit. Mitigation as described in Section 8-2.08.B & C is required for the removal of vegetation in the stream buffer but on a 2:1 basis.
5. 
Approvals. Any filling or destruction of wetlands may only occur if required County, State, and Federal permits are obtained.
6. 
Subdivision. Land shall not be subdivided in a manner that requires filling of wetlands for any activities except to provide access to property that is otherwise inaccessible or to provide for stormwater management outside the wetlands. In these instances, approval from the Planning Commission or its designee is required.
[Amended 5-4-2010]
7. 
Filling of wetlands for the construction of single-family detached residential dwellings is prohibited. Filling of wetlands and impacts to wetland buffers for commercial, industrial and institutional uses requires Planning Commission Conceptual Site Plan approval as well as appropriate Federal, State and County permits.
[Amended 5-4-2010]
8. 
Filling of wetlands in the 100-year floodplain as depicted on the FIRM maps or indicated as "My" soils on the Soil Survey Maps, other than for unavoidable road or driveway crossings or when wetland crossings are necessary to comply with town center master plans is prohibited.
9. 
Corrections in Delineations. If it is determined prior to final site plan or subdivision approval that more wetlands exist on the site than originally delineated on the preliminary site plan or plat, preliminary approval of the original submittal granted by the Planning Commission shall lapse. The applicant shall submit subsequent revisions of the plan for staff review and reconsideration by the Planning Commission prior to reapproval.
10. 
If a site plan or subdivision has received preliminary approval and the site plan or subdivision is changed as a result of the Federal and/or State wetland permitting process, the preliminary approval previously granted shall lapse. The applicant must submit subsequent revisions of the plan for staff review and reconsideration by the Planning Commission prior to reapproval.
11. 
Minor Fills. For development activities that do not require Planning Commission approval, Federal and State permits for wetland disturbance are required prior to issuance of County permits.
12. 
Wetland Fill Sites. Wetlands that are filled after receiving Federal, State and County approval will no longer be defined as wetlands and will not require wetland buffers.
A. 
Purpose
To reduce pollutant loadings transported from land to water via sediments and stormwater run-off into perennial and intermittent streams.
B. 
Conditions for all lots:
[Amended 5-4-2010]
1. 
A minimum buffer zone of undisturbed, natural vegetation of 50 feet plus four feet for every one percent of slope or to the top of contiguous steep slopes (25 percent outside the Critical Area); whichever is nearer to the perennial or intermittent stream, shall be established. The percent of slope will be measured as the average of the entire extent of slope (along the slope) within the buffer. The expansion of the buffer shall be perpendicular to the stream. Expansion of the Critical Area Buffer is described in Section 8-1.08.D.2.
2. 
Subdivisions, site plans, grading plans and plot plans shall be designed to avoid stream crossings and to avoid placing stormwater management in streams or their buffers. When land is otherwise inaccessible or when stream crossings are necessary to comply with town center master plans, stream crossings may be approved by the Planning Commission for site plans and subdivisions and approved by the Zoning Officer in all other cases. When stormwater management cannot be located outside of the stream buffer, stormwater management devices may be placed in the buffer with approval of the Planning Commission for site plans and subdivisions and approval by the Zoning Officer in all other cases.
3. 
Required Federal and State permits for impacting streams are required prior to issuance of any County permits to impact streams.
4. 
Existing vegetation in the stream buffers shall be maintained except for approved stream crossings and stormwater management that is located outside of the stream. In addition, trees that are a threat to structures and invasive species may be removed within the buffer with a vegetation removal permit. Mitigation as described in Section 8-2.08.B & C is required for the removal of vegetation in the stream buffer but on a 2:1 basis.
5. 
A 10-foot building setback shall be maintained from the edge of the vegetated stream 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.
6. 
Utilities are allowed to cross streams when located within an existing right-of-way easement with approved local, state and federal permits.
C. 
Except as provided in Section 8-1.08.D.2, a 10-foot building setback shall be maintained from the edge of the vegetated stream 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.
[Amended 5-4-2010]
A. 
Purpose
To reduce impacts to forest interior dwelling birds and other animals and plants that require significant forest interiors to survive. To protect large tracts of forests for the ecological benefits they provide.
B. 
Boundary
Forest interior dwelling bird habitat includes all forest interior areas and riparian corridors as shown on the Calvert County Forest Interior Dwelling Bird Habitat Map.
C. 
Section 5-2.01.E.1 describes the conditions for cluster subdivisions outside of the Critical Area.
D. 
Section 8-1.08 describes conditions for all lots in the Critical Area.
[Amended 5-4-2010]
A. 
In addition to the fines and penalties provided for in Section 1-7 of this Zoning Ordinance, the following shall apply to violations of Section 8-2:
1. 
Any person in violation of Section 8-2.04 (Slopes 25 Percent or Greater and Erodible Soils Adjoining Streams) shall pay a fine not to exceed $1,000 for each violation and shall be required to replant trees to replace those that have been removed as prescribed in paragraph 'B' of this Section.
2. 
Any person in violation of Section 8-2.05 (Wetlands) or 8-2.06 (Development Adjacent to Perennial and Intermittent Streams) shall pay a fine not to exceed $1,000 for each violation and shall be required to mitigate as prescribed in paragraph 'B' of this Section for the area impacted, filled, cleared, graded, or cut in violation of these sections.
B. 
Replanting to correct a violation shall be calculated at the rate of four square feet to one square foot (4:1) of the area cleared, graded, cut, impacted or filled in violation of the provisions of this Section. A mitigation plan shall be approved by the Department of Planning and Zoning and shall include canopy trees at a rate equal to one large tree per 400 square feet, and in the same 400 sq. ft. either two understory trees or three shrubs selected from the document entitled, "Calvert County Native Plant List", adopted by the Board of County Commissioners and available from the Department of Planning and Zoning. In cases where there is less area than needed to replant at 4:1, the remainder shall be mitigated with the payment of fees-in-lieu as set by the Board of County Commissioners.
C. 
A person required to conduct replanting as part of a mitigation plan shall post a bond or other financial security to insure compliance with the mitigation plan.
1. 
Requirements
a. 
A 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:
i. 
Name the Board of County Commissioners as obligee;
ii. 
Assure that the mitigation replanting is conducted in accordance with the approved mitigation plan;
iii. 
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 an administrative 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 Planning and zoning Environmental Review Fund;
iv. 
Remain in force until all requirements of the mitigation plan have been fulfilled to the satisfaction of the Department of Planning and Zoning.
b. 
The surety may not be cancelled by the issuing entity unless both of the following requirements are fulfilled:
i. 
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
ii. 
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.
2. 
Forfeiture of Surety
a. 
The surety shall be subject to forfeiture if the principal fails to comply with the mitigation plan.
b. 
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.
c. 
If a person fails to come into compliance within the 30-day period, the surety shall be forfeited and the County or its agents shall be allowed access to the property to accomplish the previously bonded planting.
3. 
Release of Surety.
a. 
If, after two growing seasons, the survival of plantings associated with the mitigation plan meets or exceeds the standards of the mitigation plan, the amount of the surety shall be released.
b. 
If, after two growing seasons, the survival of the plantings associated with the mitigation plan is less than the standards of the mitigation plan, the surety shall be reduced by a percentage equal to the percentage of plantings that have survived and that portion of the surety shall be released. An additional administrative fee as set by the County Commissioners will be submitted prior to partial release of the surety to cover the costs of additional inspections and handling of the remaining bond. This fee will not be reimbursed, but placed in the Planning and Zoning Environmental Review Fund.
D. 
Violation of the Floodplain Regulations (Section 8-2.03).
[Amended 11-10-2014 by Ord. No. 43-14]
1. 
Notice of Violation and Stop Work Order. If the Floodplain Administrator determines that there has been a violation of any provision of these regulations, the Floodplain Administrator shall give notice of such violation to the owner, the owner's authorized agent, and the person responsible for such violation, and may issue a stop work order. The notice of violation or stop work order shall be in writing and shall:
a. 
Include a list of violations, referring to the section or sections of these regulations that have been violated;
b. 
Order remedial action which, if taken, will effect compliance with the provisions of these regulations;
c. 
Specify a reasonable period of time to correct the violation;
d. 
Advise the recipients of the right to appeal; and
e. 
Be served in person; or
f. 
Be posted in a conspicuous place in or on the property and sent by registered or certified mail to the last known mailing address, residence, or place of business of the recipients.
2. 
Violations and Penalties. of the floodplain regulations (Section 8-2.03) or failure to comply with the requirements of these regulations or any conditions attached to a permit or variance shall constitute a misdemeanor. Any person responsible for a violation shall comply with the notice of violation or stop work order. Failure to comply shall require a fine of $500 plus compliance must be achieved. Each day a violation continues shall be considered a separate offense. Nothing herein contained shall prevent Calvert County from taking such other lawful action as is necessary to prevent or remedy any violation.