A.
Purpose. The purposes of this section are to minimize property damage,
encourage appropriate construction practices to minimize future damage,
and protect water supply, sanitary sewage disposal, and natural drainage.
The prevention of unwise development in areas subject to flooding
will reduce financial burdens to the community and the state and will
prevent future displacement and suffering of its residents. This protection
is achieved through the review of all activities proposed within identified
floodplains and by the issuance of permits for those activities that
comply with the objectives of this section.
A.
Over 25% slope. Any construction of a new principal building or a
new parking lot on land with an existing natural slope of over 25%
shall require special exception approval by the Board of Appeals.
When special exception approval is required, the applicant shall:
(1)
Show that existing trees and other vegetation will be preserved to
the maximum reasonable extent, or be immediately replaced by new trees
and other vegetation, while avoiding excessive coverage by impervious
surfaces;
(2)
Submit a plan showing that stormwater runoff will be properly controlled;
(3)
Submit and carry out a detailed soil erosion and sedimentation control
plan, which shall be submitted in advance for review and acceptance
by the Town or its designee; and
(4)
Submit a detailed grading plan.
B.
Slopes on proposed lots.
(1)
This Subsection B shall only apply to a lot submitted for subdivision approval after the adoption of this chapter and which includes over 500 square feet of natural slopes of over 15%.
(2)
As part of the subdivision plan, the applicant shall designate a
buildable area. The buildable area shall be the proposed maximum extent
of portions of the lot where construction of a principal building
shall be permitted. The applicant may voluntarily propose a smaller
buildable area than is permitted by this chapter.
(3)
If the subdivision plan shows a buildable area that includes natural
slopes over 15%, then the minimum lot area for that lot shall be increased
to twice the size that would otherwise be required.
The Town of Westernport will submit any development proposal
which could impact on a habitat to the Department of Natural Resources,
Natural Heritage Program.
The Town of Westernport assigned its obligation to have a forest
conservation ordinance to Allegany County, Maryland. The Zoning Administrator
shall only issue permit approval when an application has met all criteria
set forth in the Allegany County Forest Conservation Ordinance, as
amended.
No land or structure in any zoning district shall be used or
occupied in any manner that creates any dangerous, injurious, noxious,
or otherwise objectionable fire, explosive, or other hazard; noise
or vibration; smoke, dust, odor or other form of air pollution; or
heat, electromagnetic or other condition in such manner or in such
amount as to adversely affect the reasonable use of the surrounding
area or adjoining premises.
A.
Performance standard procedure. With the exception of residential uses as listed in Article IV, the applicant for a zoning permit for any other principal or accessory use shall include with such application an affidavit acknowledging his understanding of the performance standards specified herein and applicable to such use and affirming his agreement to conduct or operate such use at all times in conformance with such standards. Where there is reason to believe that the nature of the proposed use would make it difficult to comply with the applicable standards, the Zoning Administrator may require the applicant to submit plans of the proposed construction and a description of the proposed machinery, operations and products and specifications for the mechanisms and techniques to be used in restricting the emission of any dangerous and objectionable elements listed in this section; provided, however, that an applicant shall not be required to reveal the secret details of industrial or trade data and may specify that the plans or other information submitted pursuant to this section shall be treated as confidential matter.
B.
Standards applicable to other uses. Regardless of whether or not a use is required to comply with the procedure specified in Subsection A above, every use shall comply with the performance standards themselves.
C.
Standards for noise and vibration control. All uses shall comply
with COMAR 26.02.03, Control of Noise Pollution, as adopted by the
Secretary of the Environment pursuant to § 3-401 of the
Environment Article, Annotated Code of Maryland.
D.
Standards for air quality control. All uses shall comply with COMAR
26.11, Air Quality, as adopted by the Secretary of the Environment
pursuant to Title 2 and Title 4 of the Environment Article, Annotated
Code of Maryland.
E.
Standards for water supply, sewerage, stormwater and refuse disposal.
All uses shall comply with COMAR 26.04.01, Quality of Drinking Water
in Maryland; COMAR 26.04.02, Sewage Disposal and Certain Water Systems
for Homes and Other Establishments in the Counties of Maryland Where
a Public Sewage System is Not Available; COMAR 26.04.03, Water Supply
and Sewerage Systems in the Subdivision of Land in Maryland; COMAR
26.04.04, Well Construction; COMAR 26.04.05, Shared Facilities; and
COMAR 26.03.02, Submission of Plans for Approval and Record of Systems
of Water Supply, Sewerage, and Storm Water, as adopted by the Secretary
of the Environment pursuant to Title 9 of the Environment Article,
Annotated Code of Maryland.
F.
Standards for fire and explosion hazards. All uses involving flammable
and explosive materials shall be provided with adequate safety devices
against the hazard of fire and explosion in the use and storage of
such materials and with adequate fire-fighting and fire-suppression
equipment acceptable to the State Fire Marshal.
G.
Standards for water quality. All uses shall comply with COMAR 26.08.02,
Water Quality; COMAR 26.08.03, Discharge Limitations; COMAR 26.08.04,
Permits; and COMAR 26.08.08, Pretreatment Requirements to Control
Industrial Users of Publicly Owned Treatment Works, as adopted by
the Secretary of the Environment pursuant to Title 9 of the Environment
Article, Annotated Code of Maryland.
The plans and other required supplementary data for a proposed
planned residential development shall be designed, prepared and submitted
for review and approval in accordance with the requirements and procedures
specified in the Town's Land Subdivision Ordinance.
