[HISTORY: Adopted by the County Council of Dorchester County 5-2-2017 by Bill No. 2017-3. Amendments
noted where applicable.]
A.
Applicability. The following words have the following meanings for
the purposes of implementing the Critical Area Program and this chapter,
and the singular always includes the plural, and vice versa, except
where such construction would be unreasonable. Terms identified with
the initials "CA" apply county-wide and, where applicable to lands
in the Critical Area, may not be modified without the approval of
the Maryland Chesapeake Bay Critical Area Commission:
B.
Terms defined.
- ABANDONED or ABANDONMENT - CA
- To cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.
- ABATEMENT
- The act of putting an end to a land alteration or development activity or reducing the degree or intensity of the alteration or activity.
- ACCESSORY STRUCTURE
- A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure and is not attached by any common wall or by a common roof to the main structure.
- ADDITION
- Construction that increases the size of a structure.
- ADMINISTRATIVE VARIANCE - CA
- An alternative to the standard Critical Area buffer variance procedures available only if a development project meets specific criteria.
- AFFORESTATION - CA
- The establishment of a tree crop on an area from which it has always or very long been absent, or the planting of open areas which are not presently in forest cover.
- AGRICULTURAL EASEMENT
- A nonpossessory interest in land which restricts the conversion of use of the land, preventing nonagricultural uses.
- AGRICULTURE
- The use of land for the purposes of farming, dairying, pasturing, agriculture, horticulture, viticulture, silvaculture, floriculture, fish culture, and animal and poultry husbandry. The processing, packaging or manufacture of agricultural products is not included.
- ANADROMOUS FISH
- Fish that travel upstream (from their primary habitat in the ocean) to freshwater in order to spawn.
- ANADROMOUS FISH PROPAGATION WATERS
- Those streams that are tributary to the Chesapeake Bay and Atlantic Coastal Bays in which the spawning of anadromous species of fish (e.g., rockfish, striped bass, yellow perch, white perch, shad, and river herring) occurs or has occurred. The streams are identified by the Department of Natural Resources.
- (1) Farming or culturing of finfish, shellfish, other aquatic plants or animals or both, in lakes, streams, inlets, estuaries, and other natural or artificial water bodies or impoundments;
- (2) Activities include hatching, cultivating, planting, feeding, raising, and harvesting of aquatic plants and animals and the maintenance and construction of necessary equipment, buildings, and growing areas; and
- (3) Cultivation methods include, but are not limited to, seed or larvae development and grow-out facilities, fish ponds, shellfish rafts, rack and longlines, seaweed floats and the culture of clams and oysters on tidelands and subtidal areas.
- (4) For the purpose of this definition, related activities such as wholesale and retail sales, processing and product storage facilities are not considered aquacultural practices.
- BARREN LAND
- Unmanaged land having sparse vegetation.
- BED-AND-BREAKFAST HOME - CA
- A dwelling occupied by the owner or operator that contains not more than 10 guest rooms, excluding resident quarters, offering overnight lodging accommodations and breakfast for transient guests only.
- BEST MANAGEMENT PRACTICES (BMPs)
- Conservation practices or systems of practices and management measures that control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics and sediment. Agricultural BMPs include, but are not limited to, strip cropping, terracing, contour stripping, grass waterways, animal waste structures, ponds, minimal tillage, grass and naturally vegetated filter strips, and proper nutrient application measures.
- BONA FIDE INTRAFAMILY TRANSFER
- A transfer to a member of the owner's immediate family of a portion of the owner's property for the purpose of establishing a residence for that family member.
- BUFFER - CA
- An area that based on conditions at the time of development, is immediately landward from mean high water of tidal waterways, the edge of each bank of a tributary stream, or the landward edge of a tidal wetland; and the area exists in, or is established in, natural vegetation to protect a stream, tidal wetland, tidal waters or terrestrial environments from human disturbance. The buffer includes an area of at least 100 feet even if that area was previously disturbed by human activity or is currently developed and also includes any expansion for contiguous sensitive areas, such as a steep slope, hydric soil, highly erodible soil, nontidal wetland, or a Nontidal Wetland of Special State Concern as defined in COMAR 26.23.01.01.
- BUFFER EXEMPTION AREA (BEA) - CA
- Those areas of the County located within the tidewater buffer that are largely or totally developed such that the pattern of residential, industrial, commercial or recreational development present as of December 1, 1985, prevents the tidewater buffer from fulfilling its intended purposes. Buffer exemption areas may be exempted from certain requirements of the tidewater buffer, as may be determined by the County. The term "modified buffer area" has replaced the term, "buffer exemption area."
- BUFFER MANAGEMENT PLAN - CA
- A narrative, graphic description, or plan of the buffer that is necessary when an applicant proposes a development activity that will affect a portion of the buffer, affect buffer vegetation, or require the establishment of a portion of the buffer in vegetation. "Buffer management plan" includes a major buffer management plan, a minor buffer management plan, or a simplified buffer management plan as described in this chapter.
- BUFFERYARD
- An area at least 25 feet wide, located between development activity and tidal waters, tidal wetlands, or a tributary stream, planted with vegetation consisting of native canopy trees, understory trees, shrubs, and perennial herbaceous plants that is used in modified buffer areas to provide water quality and habitat benefits. This area is to be managed and maintained in a manner that optimizes these benefits.
- CANOPY TREE
- A tree that when mature commonly reaches a height of at least 35 feet.
- CLEARCUTTING
- The removal of the entire stand of trees in one cutting with tree reproduction obtained by natural seeding from adjacent stands or from trees that were cut from advanced regeneration or stump sprouts or from planting of seeds or seedlings by man.
- CLUSTER DEVELOPMENT - CA
- A predominantly residential development in which dwelling units are concentrated in a selected area or selected areas of the development tract so as to provide natural habitat or other open space uses on the remainder of the tract.
- COLONIAL NESTING WATER BIRDS
- Herons, egrets, terns, and glossy ibis. For the purposes of nesting, these birds congregate (that is "colonize") in relatively few areas, at which time, the regional populations of these species are highly susceptible to local disturbances.
- COMAR
- The Code of Maryland Regulations, as from time to time amended, including any successor provisions.
- COMMERCIAL HARVESTING
- A commercial operation that would alter the existing composition or profile, or both, of a forest, including all commercial cutting operations done by companies and private individuals for economic gain.
- COMMUNITY PIERS
- Boat docking facilities associated with subdivisions or similar residential areas, and with condominium, apartment and other multiple-family dwelling units. Private piers are excluded from this definition.
- COMPREHENSIVE PLAN
- The Dorchester County Comprehensive Plan adopted in 1996 by the County Council, and any amendments thereto.
- CONFORMING
- A parcel or lot that meets all Critical Area requirements. Conforming does not include a parcel or lot for which a Critical Area variance is sought or has been issued; or that is located in the resource conservation area and is less than 20 acres.
- CONSERVATION EASEMENT
- A nonpossessory interest in land which restricts the manner in which the land may be developed in an effort to reserve natural resources for future use.
- CONSOLIDATION
- A combination of any legal parcel of land or recorded legally buildable lot into fewer lots or parcels than originally existed. Consolidation includes a lot line abandonment, a boundary line adjustment, a replatting request, and a lot line adjustment.
- COVER CROP
- The establishment of a vegetative cover to protect soils from erosion and to restrict pollutants from entering the waterways. Cover crops can be dense, planted crops of grasses or legumes, or crop residues such as corn, wheat or soybean stubble which maximize infiltration and prevent runoff from reaching erosive velocities.
- CRITICAL AREA - CA
- All lands and waters defined in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland. They include:
- (1) All waters of and lands under the Chesapeake Bay and Atlantic Coastal Bays and their tributaries to the head of tide as indicated on state wetland maps:
- (2) All state and private wetlands designated under Title 16 of the Environment Article, Annotated Code of Maryland;
- (3) All land and water areas within 1,000 feet beyond the landward boundaries of state or private wetlands and the heads of tides designated under Title 16 of the Environment Article, Annotated Code of Maryland; and
- (4) Modification to these areas through inclusions or exclusions proposed by local jurisdictions and approved by the Critical Area Commission as specified in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland.
- CRITICAL AREA COMMISSION
- The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays and is also referred to as "CAC."
- DENSITY - CA
- The number of dwelling units per acre of gross measurable and defined area of a development tract, unless otherwise specified.
- DEPARTMENT
- The Dorchester County Department of Planning and Zoning (DP&Z) or the Dorchester County Department of Public Works (DPW).
- DESIGNATED GROWTH AREAS
- The incorporated municipalities of Brookview, Cambridge, Church Creek, East New Market, Eldorado, Galestown, Hurlock, Secretary, and Vienna, any area of the CA Critical Area Protection District that was mapped IDA or LDA in the initial Dorchester County Critical Area Program approved by the Critical Area Commission, and major growth centers, community centers and villages as designated in the County Comprehensive Plan, as amended. The designated growth areas in the Comprehensive Plan are as follows:
- (1) Major growth center: areas mapped as "County Development District" and "Planned Growth Area" east and west of Cambridge along the Choptank River (map 2-3), areas west of East New Market (map 2-4), areas east of Hurlock (map 2-4);
- (2) Community centers: areas within corporate boundaries and adjacent areas mapped as "Municipal Growth Area" and areas mapped as "Joint Planning Areas" on maps 2-3 through 2-7 to include Woolford and Madison, West Vienna, Green Point (near Secretary), and the Depot area outside East New Market;
- (3) Villages: incorporated towns without public water and sewer, such as Eldorado, Brookview and Galestown as well as other smaller hamlets and crossroad communities in agricultural or in natural resource areas.
- DEVELOPED WOODLAND - CA
- An area containing mainly trees and natural vegetation but which also includes residential, commercial or industrial or recreational development and structures and uses and covering a land area of one acre or more.
- DEVELOPED WOODLANDS
- An area of trees or of trees and natural vegetation that is interspersed with residential, commercial, industrial or recreational development.
- DEVELOPER
- A person who undertakes development activity as defined in this chapter; or a person who undertakes development activity as defined in the criteria of the Critical Area Commission.
- DEVELOPMENT ACTIVITY
- Human activity that results in disturbance to land, natural vegetation, or a structure. "Development activity" includes the construction or substantial alteration of residential, commercial, industrial, institutional or transportation facilities or structures. Agricultural structures and water-dependent structures and uses are not considered to be a development activity.
- DEVELOPMENT AREA - CA
- A system of land classification within the Critical Area which recognizes existing land uses and serves as a basis for future growth limitations and other controls. Development areas include intensely developed areas, limited development areas and resource conservation areas.
- DEVELOPMENT ENVELOPE - CA
- The developed portion of a parcel or tract of land that encompasses all lots, required buffers, lot coverage, utilities, stormwater management measures, on-site sewage disposal measures, any areas subject to human use as active recreation areas and any additional acreage needed to meet the development requirements of the Dorchester County Critical Area Program. The development envelope need not include the tidewater buffer if it is at least 300 feet deep as measured from tidal waters, tidal wetlands or tributary streams.
- DIRECTOR
- The Director of the appropriate agency within County government that administers primary responsibility for the respective land use or resource protection or governmental service impacted by the Critical Area Program.
- DISTURBANCE
- An alteration or change to the land. It includes any amount of clearing, grading, or construction activity. "Disturbance" does not include gardening or maintenance of an existing grass lawn.
- DOCUMENTED BREEDING BIRD AREA - CA
- Forested areas where the occurrence of interior dwelling birds, during the breeding season, has been demonstrated as a result of on-site surveys using standard biological survey techniques.
- DWELLING UNIT - CA
- In the Critical Area, "dwelling unit" means a single unit providing complete, independent living facilities for at least one person, including permanent provisions for sanitation, cooking, eating, sleeping, and other activities routinely associated with daily life. "Dwelling unit" includes living quarters for a domestic or other employee or tenant, an in-law or accessory apartment, a guest house, or a caretaker residence. A dwelling unit shall be located in a structure containing a minimum gross floor area of 600 square feet.
- ECOSYSTEM
- A more or less self-contained biological community together with the physical environment in which the community's organisms occur.
- EMERGENCY SERVICES - CA
- Fire, rescue, ambulance and police services, including related structures and activities.
- ENDANGERED SPECIES
- Any species of fish, wildlife, or plants that have been designated as endangered by regulation by the Secretary of the Department of Natural Resources. Designation occurs when the continued existence of these species as viable components of the state's resources are determined to be in jeopardy. This includes any species determined to be an "endangered" species pursuant to the Federal Endangered Species Act, 16 U.S.C. § 1531 et seq., as amended.
- ESSENTIAL SERVICES
- Water lines, sewer lines, natural gas lines, propane gas, electric lines or poles, telephone lines and poles, underground conduits, including such incidental equipment which is located on poles or in underground conduits or vaults. Essential service structures include tandem poles and tower structures. Essential service buildings shall include administration, storage, construction, or maintenance buildings or yards, sewage treatment or disposal plants, or water treatment plant developed in accordance with all lot area, setback, yard and height regulations as required for the principal building in the zoning district.
- ESTABLISHMENT
- The planting or regeneration of native vegetation throughout the buffer.
- EXCESS STORMWATER RUNOFF
- All increases in stormwater resulting from:
- (1) An increase in the lot coverage of the site, including all additions to buildings, roads, and parking lots;
- (2) Changes in permeability caused by compaction during construction or modifications in contours, including the filling or drainage of small depression areas;
- (3) Alteration of drainageways or regrading of slopes;
- (4) Destruction of forest; or
- (5) Installation of collection systems to intercept street flows or to replace swales or other drainageways.
- FINANCIAL ASSURANCE
- A performance bond, letter of credit, cash deposit, insurance policy, or other instrument of security acceptable to the County.
- FISHERIES ACTIVITIES - CA
- Commercial water-dependent fisheries facilities, including structures for the parking, processing, canning, or freezing of finfish, crustaceans, mollusks, and amphibians and reptiles, and also including related activities such as wholesale and retail sales product storage facilities, crab shedding, off-loading docks, shellfish culture operations, and shore-based facilities necessary for aquacultural operations.
- FOREST - CA
- A biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater. "Forest" includes areas that have at least 100 trees per acre with at least 50% of those trees having two-inch or greater diameter at 4.5 feet above the ground and forest areas that have been cut, but not cleared. "Forest" does not include orchards.
- FOREST INTERIOR DWELLING BIRDS
- Species of birds which require relatively large forested tracts in order to breed successfully (for example, various species of flycatchers, warblers, vireos, and woodpeckers).
- FOREST MANAGEMENT
- The protection, manipulation, and utilization of the forest to provide multiple benefits, such as timber harvesting, water transpiration, wildlife habitat, etc.
- FOREST PRACTICE
- The alteration of the forest either through tree removal or replacement in order to improve the timber, wildlife, recreational, or water quality values.
- FULLY ESTABLISHED
- The buffer contains as much diverse, native vegetation as necessary to support a firm and stable riparian habitat capable of self-sustaining growth and regeneration.
- GRANDFATHERED PARCEL or GRANDFATHERED LOT
- A parcel of land that was created or a lot created through the subdivision process and recorded as a legally buildable lot prior to December 1, 1985.
- GRANDFATHERING - CA
- Provisions which allow certain preexisting uses to continue even though they may be inconsistent with a new law.
- (1) An area of land calculated as 5% of the total resource conservation area (excluding tidal wetlands and federally owned land), that the County may convert to more intense management areas to accommodate land development; and/or
- (2) An act of the County Council, such as approving the GA Growth Allocation Floating District, which provides for conversion of a property or properties located in a resource conservation area (RCA) and/or the limited development area (LDA) in the CA-1 Critical Area District that results in an increase in the permitted density/use. Such action is dependent upon the approval of the Critical Area Commission.
- GROWTH ALLOCATION ENVELOPE
- All of the proposed components of a growth allocation project that are necessary to serve the proposed development, including an individually owned lot, lot coverage, a road, a utility, a stormwater management measure, an on-site sewage disposal measure, an active recreation area, and additional acreage needed to meet the development requirements of the Critical Area criteria.
- HABITAT PROTECTION AREA (HPA) - CA
- Buffer, nontidal wetlands, threatened and endangered species, plant and wildlife habitats, anadromous fish spawning propagation waters and species in need of conservation, i.e., colonial nesting waters, historic waterfowl staging and concentration areas, habitats of local significance, as defined in the County Critical Area Program.
- HABITAT PROTECTION PLAN
- A plan that provides for the protection and conservation of the species and habitats identified as habitat protection areas in the Critical Area. The plan shall be specific to the site or area where the species or its habitat is located and shall address all aspects of a proposed development activity that may affect the continued presence of the species. These include, but are not limited to, cutting, clearing, alterations of natural hydrology, and increases in lot coverage. In developing the plan, an applicant shall coordinate with the Department of Natural Resources to ensure that the plan is adequate to provide for long-term conservation and can be effectively implemented on the specific site.
- (1) A tree with a structural defect, such as a crack, canker, weak branch union, decay, dead wood, root damage, or root disease, that decreases the structural integrity of the tree and which, because of its location, is likely to fall and cause personal injury or property damage, including acceleration of soil erosion; or based on its location in the landscape, a healthy tree that, with continued normal growth, will damage an existing permanent structure or significantly increase the likelihood of soil erosion.
- (2) "Hazardous tree" does not include a tree for which the likelihood of personal injury, property damage, or soil erosion can reasonably be eliminated or significantly diminished with routine and proper arboricultural practices, such as regular watering, application of fertilizer or mulch, and pruning; or by relocation of property that is likely to be damaged.
- HIGHLY ERODIBLE SOILS
- Those soils with a slope greater than 15%; or those soils with a K value greater than .35 and with slopes greater than 5%.
- HISTORIC WATERFOWL STAGING AND CONCENTRATION AREA
- An area of open water and adjacent marshes where waterfowl gather during migration and throughout the winter season. These areas are historic in the sense that their location is common knowledge and because these areas have been used regularly during recent times.
- HOME IMPROVEMENT
- The addition to or alteration, conversion, improvement, modernization, remodeling, repair, or replacement of a building or part of a building that is used or designed to be used as a residence or dwelling place or a structure adjacent to that building; or an improvement to land adjacent to the building. "Home improvement" includes construction, improvement, or replacement, on land adjacent to the building, of a driveway, fallout shelter, fence, garage, landscaping, deck, pier, porch, or swimming pool; a shore erosion control project, as defined under § 8-1001 of the Natural Resources Article, for a residential property; connection, installation, or replacement, in the building or structure, of a dishwasher, disposal, or refrigerator with an icemaker to existing exposed household plumbing lines; installation in the building or structure, of an awning, fire alarm, or storm window; and work done on individual condominium units.
- HOTEL/MOTEL - CA
- A facility providing transient lodging accommodations on a daily rate to the general public and providing additional services such as restaurants, meeting rooms and recreational facilities. A hotel/motel does not include a boardinghouse, bed-and-breakfast, inn or recreational trailer park.
- HYDRIC SOILS
- Soils that are wet frequently enough to periodically produce anaerobic conditions, thereby influencing the species composition of growth, or both, of plants on those soils. A list of hydric soils is maintained by the Natural Resources Conservation Service and at the Dorchester County Department of Planning and Zoning.
- HYDROPHYTIC VEGETATION
- Those plants cited in "Vascular Plant Species Occurring in Maryland Wetlands" (Dawson, F. et al., 1985) which are described as growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content (plants typically found in water habitats).
- IMMEDIATE FAMILY
- A father, mother, son, daughter, grandfather, grandmother, grandson, granddaughter, or sibling.
- IN-KIND REPLACEMENT
- The removal of a structure and the construction of another structure that is smaller than or identical to the original structure in use, footprint area, width, and length.
- INTENSELY DEVELOPED AREA - CA
- An area of at least 20 acres or the entire upland portion of the Critical Area within a municipal corporation, whichever is less, where residential, commercial, institutional, or industrial developed land uses predominate and a relatively small amount of natural habitat occurs. These areas include:
- INTRAFAMILY TRANSFER
- A transfer of a portion of the owner's property to a member of the owner's immediate family, as defined herein, for the purpose of establishing a residence for that family member.
- INVASIVE SPECIES
- A type of plant that is non-native to the ecosystem under consideration and whose introduction causes, or is likely to cause, economic or environmental harm or harm to human health.
- K VALUE
- The soil erodibility factor in the Universal Soil Loss Equation. It is a quantitative value that is experimentally determined.
- LAND CLEARING
- Any activity that removes the vegetative ground cover.
- LAND-BASED AQUACULTURE
- The raising of fish or shellfish in any natural or man-made, enclosed or impounded, water body.
- LANDFORMS
- A feature of the earth's surface created by natural causes.
- LANDWARD EDGE
- The limit of a site feature that is farthest away from a tidal water, tidal wetland, or tributary stream.
- LARGE SHRUB
- A shrub that, when mature, reaches a height of at least six feet.
- LEGALLY DEVELOPED
- All physical improvements to a property that existed before Critical Area Commission approval of a local program, or were properly permitted in accordance with the provisions of the local program in effect at the time of construction.
- LIMIT OF DISTURBANCE
- The area of a development or redevelopment activity that includes temporary disturbance and permanent disturbance.
- LIMITED DEVELOPMENT AREA - CA
- An area with a housing density ranging from one dwelling unit per five acres up to four dwelling units per acre; with a public water or sewer system; that is not dominated by agricultural land, wetland, forests, barren land, surface water, or open space nor a public water or public sewerage system; or that is less than 20 acres and otherwise qualifies as an intensely developed area under the definition in this section.
- LIVING SHORELINE
- A suite of stabilization and erosion control measures that preserve the natural shoreline and are designed to minimize shoreline erosion, maintain coastal process, and provide aquatic habitat. Measures must include marsh plantings and may include the use of sills, sand containment structures, breakwaters, or other natural components.
- LOCAL SIGNIFICANCE
- Development of a minor scale, which causes environmental or economic consequences that are largely confined to the immediate area of the parcel of land on which it is located; does not substantially affect the Critical Area Program of the County; and is not considered to be major development as defined in this section.
- LOT COVERAGE
- The percentage of a total lot or parcel that is occupied by a structure, accessory structure, parking area, driveway, walkway, or roadway; or covered with gravel, stone, shell, impermeable decking, pavers, permeable pavement, or any other man-made material. "Lot coverage" includes the ground area covered, or occupied by, a stairway, impermeable deck, or decking material that is not attached to a dwelling. "Lot coverage" does not include a fence or wall that is less than one foot in width that has not been constructed with a footer; a walkway in the buffer or expanded buffer, including a stairway, that provides direct access to a community or private pier; a wood mulch pathway; or a deck that is attached to a dwelling and with gaps to allow water to pass freely.
- MAJOR BUFFER MANAGEMENT PLAN
- A type of buffer management plan and all supporting documentation required under COMAR 27.01.09.01-3J.
- MAJOR DEVELOPMENT
- Development of a scale that may cause state-wide, regional, or interjurisdictional, environmental or economic effects in the Critical Area, or which may cause substantial impacts on the Critical Area Program of a local jurisdiction. This development includes, but is not limited to, airports, power plants, wastewater treatment plants, highways, regional utility transmission facilities, prisons, hospitals, public housing projects, public beaches, and intensely developed park and recreation facilities.
- MARINA
- Any facility for the mooring, berthing, storing, or securing of watercraft, but not including community piers and other noncommercial boat docking and storage facilities.
- MEAN HIGH-WATER LINE (MHWL)
- The average level of high tides at a given location.
- MINOR BUFFER MANAGEMENT PLAN
- A type of buffer management plan and all supporting documentation required under COMAR 27.01.09.01-3I.
- MITIGATION
- An action taken to compensate for adverse impacts to the environment resulting from development, development activity, or a change in land use or intensity.
- MODIFIED BUFFER AREA (MBA)
- An area officially mapped by the County and approved by the Critical Area Commission as a modified buffer area, where it has been sufficiently demonstrated that the existing pattern of residential, industrial, commercial, institutional, or recreational development prevents the buffer from fulfilling its water quality and habitat functions, and where development in accordance with specific MBA provisions can be permitted in the buffer without a variance. MBAs have formerly been referred to as "buffer exempt areas."
- MUNICIPAL ANNEXATION GROWTH ALLOCATION
- Areas outside of the municipal boundary as of original adoption of the municipality's Critical Area Program.
- MUNICIPAL INFILL GROWTH ALLOCATION
- The infill growth allocation allotment allocated to the municipality by the County Council that is used for projects within the municipal boundary as of original adoption of its Critical Area Program.
- NATIVE PLANT
- A species that is indigenous to the physiographic area in Maryland where the planting is proposed.
- NATURAL FEATURES
- Components and processes present in or produced by nature, including, but not limited to, soil types, geology, slopes, vegetation, surface water, drainage patterns, aquifers, recharge areas, climate, floodplains, aquatic life, and wildlife.
- NATURAL FOREST VEGETATION
- Vegetation consisting of canopy trees, understory trees, shrubs, and herbaceous plants that are typically found in riparian areas in the State of Maryland. Areas of natural forest vegetation planted to meet the mitigation requirements in this chapter shall resemble the structure and species composition of natural forests.
- NATURAL HERITAGE AREA
- Any communities of plants or animals which are considered to be among the best statewide examples of their kind and are designated by regulation by the Secretary of the Department of Natural Resources.
- NATURAL PARKS
- Areas of natural habitat that provide opportunities for those recreational activities that are compatible with the maintenance of natural conditions.
- NATURAL REGENERATION
- The natural establishment of trees and other vegetation with at least 400 free-to-grow seedlings per acre, which are capable of reaching a height of at least 20 feet at maturity.
- NATURAL VEGETATION
- Those plant communities that develop in the absence of human activities.
- NATURAL VEGETATION - CA
- Those plant communities that develop in the absence of human activities.
- NATURE-DOMINATED
- A condition where landforms or biological communities, or both, have developed by natural processes in the absence of human activities.
- NEW DEVELOPMENT
- For purposes of implementing specific provisions of this chapter, "new development" (as opposed to redevelopment) means a development activity that takes place on a property with predevelopment imperviousness (in IDA) or lot coverage (LDA and RCA) of less than 15% as of December 1, 1985.
- NON-POINT SOURCE POLLUTION
- Pollution generated by diffuse land use activities rather than from an identifiable or discrete facility. It is conveyed to waterways through natural processes, such as rainfall, storm runoff, or groundwater seepage rather than by deliberate discharge. Non-point source pollution is not generally corrected by end-of-pipe treatment, but rather by changes in land management practices.
- NONRENEWABLE RESOURCES
- Resources that are not naturally regenerated or renewed.
- NONTIDAL WETLANDS
- Those areas regulated under Subtitle 26 of the Environment Article that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. The determination of whether an area is a nontidal wetland shall be made in accordance with the publication known as the "Federal Manual for Identifying and Delineating Jurisdicational Wetlands," published in 1989 and as may be amended. Nontidal wetlands do not include tidal wetlands regulated under Title 16 of the Environment Article of the Annotated Code of Maryland.
- OFFSETS
- Structures or actions that compensate for undesirable impacts.
- OVERBURDEN
- The strata or material in its natural state, before its removal by surface mining, overlying a mineral deposit, or in between mineral deposits.
- PALUSTRINE
- All nontidal wetlands dominated by trees, shrubs, persistent emergent plants, or emergent mosses or lichens and all such wetlands that occur in tidal areas where the salinity due to ocean-derived salts is below 1/2 part per 1,000 parts of water.
- PERMANENT DISTURBANCE
- A material, enduring change in the topography, landscape, or structure that occurs as part of a development or redevelopment activity.
- (1) "Permanent disturbance" includes:
- (a) Construction or installation of any material that will result in lot coverage;
- (b) Construction of a deck;
- (c) Grading or clearing (except where it meets the definition of temporary disturbance); and
- (d) The installation of a septic system, in a forest or developed woodland on a grandfathered lot, if clearing is required.
- (a)
- (2) "Permanent disturbance" does not include installation of a septic system on a grandfathered lot if located in existing grass or clearing is not required.
- PERSON
- An individual, partnership, corporation, contractor, property owner, or any other person or entity.
- PHYSIOGRAPHIC FEATURES
- The soils, topography, land slope and aspect, and local climate that influence the form and species composition of plant communities.
- PIER
- Any pier, wharf, dock, walkway, bulkhead, breakwater, piles or other similar structure. "Pier" does not include any structure on pilings or stilts that was originally constructed beyond the landward boundaries of state or private wetlands.
- PLANT AND WILDLIFE HABITAT - CA
- Plant communities and wildlife areas which have statewide or local significance because of their uniqueness, rarity or uncertain future. These areas include, but are not limited to, colonial water bird nesting sites, waterfowl concentration areas, forests with breeding populations of forest interior bird species, riparian forests and designated natural heritage areas.
- PLANT HABITAT
- A community of plants commonly identifiable by the composition of its vegetation and its physiographic characteristics.
- PORT - CA
- A facility or area established or designated by the state or local jurisdictions for purposes of waterborne commerce.
- PRINCIPAL STRUCTURE
- The primary or predominant structure on any lot or parcel. For residential parcels or lots, the principal structure is the primary dwelling, excluding utilities and the septic system.
- PRIVATE HARVESTING
- The cutting and removal of trees for personal use.
- PROGRAM AMENDMENT
- Any change or proposed change to an adopted program that is not determined by the Chairman of the Critical Area Commission to be a program refinement.
- PROGRAM REFINEMENT
- Any change or proposed change to an adopted program that the Chairman of the Critical Area Commission determines will result in a use of land or water in the Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area in a manner consistent with the adopted program, or that will not significantly affect the use of land or water in the Critical Area. Program refinement may include:
- (1) A change to an adopted program that results from state law;
- (2) A change to an adopted program that affects local processes and procedures;
- (3) A change to a local ordinance or code that clarifies an existing provision; and
- (4) A minor change to an element of an adopted program that is clearly consistent with the provisions of State Critical Area Law and all the criteria of the Critical Area Commission.
- PROJECT APPROVALS
- The approval of development, other than development by the state or local government, in the Chesapeake Bay Critical Area by the appropriate local approval authority. The term includes approval of subdivision plats and site plans; inclusion of areas within floating zones; issuance of variances, special exceptions, and conditional use permits; and issuance of zoning permits. The term does not include building permits.
- PROPERTY OWNER
- A person holding title to a property or two or more persons holding title to a property under any form of joint ownership.
- PUBLIC UTILITIES - CA
- Uses or structures for the public purpose of power transmission and distribution (but not power generation); fuel transmission and distribution (but not manufacturing or storage); water treatment and distribution; sewage collection and treatment; telephone service facilities (but not utility truck terminal facilities); radio and television facilities (not including broadcasting studios); and rail or highway rights-of-way (not including stations or terminals).
- PUBLIC WATER-ORIENTED RECREATION
- Shore-dependent recreation facilities or activities provided by public agencies that are available to the general public.
- RECLAMATION
- The reasonable rehabilitation of disturbed land for useful purposes, and the protection of the natural resources of adjacent areas, including water bodies.
- RECONFIGURATION
- A change of the configuration of an existing lot or parcel line of any legal parcel of land or recorded legally buildable lot. "Reconfiguration" includes a lot line adjustment, a boundary line adjustment, and a replatting request.
- REDEVELOPMENT
- The process of developing land which is or has been developed. For purposes of implementing specific provisions of this chapter, "redevelopment" (as opposed to new development) means a development activity that takes place on property with predevelopment imperviousness (in IDA) or lot coverage (in LDA and RCA) of 15% or greater.
- REFORESTATION - CA
- The establishment of a forest through artificial reproduction or natural regeneration.
- REMAINING LANDS
- A notation on a subdivision plat denoting land area or areas of the original tract or tracts that are residual and not part of the proposed subdivision. Remaining lands may be developed, provided that they meet requirements of the applicable zoning district or districts.
- RENEWABLE RESOURCE
- A resource that can renew or replace itself and, therefore, with proper management, can be harvested indefinitely.
- RESERVED LANDS
- Notation on a subdivision plat or plats denoting a land area or areas of the original tract or tracts that are assigned by the subdivider to meet the minimum density requirements for subdivision of land in the resource conservation area (RCA). Reserved lands are not included in the area of the lots created in the subdivision, but are assigned a reservation status by the developer in order to ensure that there is a minimum of 20 acres in the RCA set aside from development for each lot created in the RCA. Reserved lands are restricted from further development; however, reserved lands may be utilized for agricultural, aquacultural, forestry and resource conservation purposes, including erection of buildings and structures related to these uses, provided that such uses, buildings or structures comply with all other applicable requirements of the Dorchester Zoning Ordinance[1] and this chapter. Reserved lands shall be clearly shown on the subdivision plat.
- RESOURCE CONSERVATION AREA - CA
- An area that is characterized by nature-dominated environments, such as wetlands, surface water, forests, and open space; and resource-based activities, such as agriculture, forestry, fisheries, or aquaculture. Resource conservation areas include areas with a housing density of less than one dwelling per five acres.
- RESOURCE UTILIZATION ACTIVITIES
- Any and all activities associated with the utilization of natural resources, such as agriculture, forestry, surface mining, aquaculture, and fisheries activities.
- RESTORATION
- The act of returning a site or area to an original state or any action that reestablishes all or a portion of the ecological structure and functions of a site or area.
- RIPARIAN HABITAT - CA
- A habitat that is strongly influenced by water and which occurs adjacent to streams, shorelines, and wetlands.
- ROAD - CA
- A public thoroughfare under the jurisdiction of the state, a County, a municipal corporation, or any other public body. "Road" does not include a drive aisle or driveway.
- SEASONALLY FLOODED WATER REGIME
- A condition where surface water is present for extended periods, especially early in the growing season, and when surface water is absent, the water table is often near the land surface.
- SELECTION
- The removal of single, scattered, mature trees or other trees from unevenly aged stands by frequent and periodic cutting operations.
- SHORE EROSION PROTECTION WORKS
- Those structures or measures constructed or installed to prevent or minimize erosion of the shoreline in the Critical Area. More specifically, the term refers to:
- (1) Nonstructural: creation of an intertidal marsh fringe channelward of the existing bank by one of the following methods:
- (a) Vegetation: planting an existing shore with a wide band of vegetation;
- (b) Bank sloping/vegetation: sloping and planting a nonwooded bank to manage tidal water contact, using structures to contain sloped materials if necessary; and
- (c) Contained beach: filling along shore with sandy materials, grading, and containing the new beach to eliminate tidal water contact with the bank.
- (a)
- (2)
- SHORELINE
- In the case where land abuts tidal waters, the boundary line between state and private wetlands as defined herein, and in the case where land abuts regularly flowing nontidal waters, the boundary line between open water and wetlands or fastlands.
- SIGNIFICANTLY ERODING AREAS
- Areas that erode two feet or more per year.
- SIMPLIFIED BUFFER MANAGEMENT PLAN
- A type of buffer management plan and all supporting documentation required under COMAR 27.01.09.01-3H.
- SMALL SHRUB
- A shrub that, when mature, reaches a height no greater than six feet.
- SOIL CONSERVATION AND WATER QUALITY PLANS
- Land-use plans for farms that show farmers how to make the best possible use of their soil and water resources while protecting and conserving those resources for the future. It is a document containing a map and related plans that indicate:
- SPECIES IN NEED OF CONSERVATION
- Those fish and wildlife whose continued existence as part of the state's resources are in question and which may be designated by regulation by the Secretary of Natural Resources as in need of conservation pursuant to the requirements of Natural Resources Article §§ 10-2A-06 and 4-2A-03, Annotated Code of Maryland.
- SPECIES OF CONCERN - CA
- Plant and wildlife species whose continuing existence is in question and which warrant special attention. This category includes endangered species, threatened species and species in need of conservation.
- SPOIL PILE
- The overburden and reject materials as piled or deposited during surface mining.
- STEEP SLOPES
- Slopes of 15% or greater incline.
- STRUCTURE
- Anything constructed or erected on or over land or water that may or may not result in lot coverage.
- SUBSTANTIAL ALTERATION
- Any repair, reconstruction, or improvement of a principal structure, where the proposed total footprint is at least 50% greater than that of the existing principal structure.
- SUPPLEMENTAL GROWTH ALLOCATION
- Growth allocation granted for a specific project as part of the annexation process.
- SUPPLEMENTAL PLANTING PLAN
- A description and landscape schedule that shows the proposed species type, quantity, and size of plants to be located within a buffer if natural regeneration does not meet the required stem density.
- SURFACE MINING
- The breaking of the surface soil in order to extract or remove minerals in the Critical Area. Surface mining includes any activity or process constituting all or part of a process for the extraction or removal of minerals from their original location in the Critical Area and the extraction of sand, gravel, rock, stone, earth or fill from borrow pits for highway construction purposes or for other facilities. For the purpose of this chapter, "surface mining" is also defined as operations engaged in processing minerals at the site of extraction; removal of overburden and mining of limited amounts of any mineral when done for the purpose of prospecting and to the extent necessary to determine the location, quantity or quality of any natural deposit; and mining operations, if the affected land exceeds one acre or more in area.
- TEMPORARY DISTURBANCE
- A short-term change in the landscape that occurs as part of a development or redevelopment activity.
- (1) "Temporary disturbance" includes:
- (a) Storage of materials necessary for the completion of the development or redevelopment activity;
- (b) Construction of a road or other pathway that is necessary for access to the site of the development or redevelopment activity, if the road or pathway is removed immediately after completion of the development or redevelopment activity and the area is restored to its previous vegetative condition;
- (c) Grading of a development site, if the area is restored to its previous vegetative condition immediately after completion of the development or redevelopment activity; and
- (d) Locating a septic system on a lot created before local program approval if the septic system is located in existing grass or clearing is not required.
- (a)
- (2) "Temporary disturbance" does not include a violation.
- THINNING
- A forest practice used to accelerate tree growth of quality trees in the shortest interval of time.
- THREATENED SPECIES
- Any species of fish, wildlife, or plants designated as such by regulation by the Secretary of the Department of Natural Resources that appear likely, within the foreseeable future, to become endangered, including any species of wildlife or plant determined to be a "threatened" species pursuant to the Federal Endangered Species Act, 16 U.S.C. § 1531 et seq., as amended.
- TIDEWATER BUFFER - CA
- A protective vegetated area established landward from the mean high-water line of tidal waters, tributary streams and tidal wetlands. The width of the buffer is a minimum of 100 feet and will be expanded beyond 100 feet to include contiguous, sensitive areas of nontidal wetlands, soils with high erosion potential and certain hydric soils; more specifically, the minimum 100ed- or two-hundred-foot buffer as described in COMAR 27.01.09.01.E.
- TOPOGRAPHY
- The existing configuration of the earth's surface, including the relative relief, elevation, and position of land features.
- TRANSITIONAL HABITAT
- A plant community whose species are adapted to the diverse and varying environmental conditions that occur along the boundary that separates aquatic and terrestrial areas.
- TRANSPORTATION FACILITIES - CA
- Anything that is built, installed, or established to provide a means of transport from one place to another.
- TREE
- A large, woody plant having one or several self-supporting stems or trunks and numerous branches that reach a height of at least 20 feet at maturity.
- TRIBUTARY STREAM
- A perennial stream or intermittent stream within the Critical Area that has been identified by site inspection or in accordance with local program procedures approved by the Critical Area Commission.
- UNDERSTORY
- The layer of forest vegetation typically located underneath the forest canopy.
- UNDERSTORY TREE
- A tree that, when mature, reaches a height between 12 and 35 feet.
- UNWARRANTED HARDSHIP - CA
- That, without a variance, an applicant would be denied reasonable and significant use of the entire parcel or lot for which the variance is requested.
- UPLAND BOUNDARY
- The landward edge of a tidal wetland or nontidal wetland.
- (1) A permitted activity as defined in this chapter.
- (2) If not covered by Subsection (1) above, as identified as a permitted activity in this chapter and defined by general custom in Dorchester County.
- (3) If not covered by Subsection (2) above, an activity which, by general custom in Dorchester County, is separate and may be purposefully conducted independent of other activities.
- UTILITY
- Any activity or use which provides and offers such services as water, sewerage, sewage treatment, electricity, gas or telecommunication.
- UTILITY TRANSMISSION FACILITIES - CA
- Fixed structures that convey or distribute resources, wastes, or both, including but not limited to electrical lines, water conduits and sewer lines.
- VARIANCE - CA
- A modification only of density, bulk or area requirements in this chapter where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the results of any action taken by the applicant, a literal enforcement of this chapter would result in unwarranted hardship.
- WASH PLANT
- A facility where sand and gravel is washed during processing.
- WATER-BASED AQUACULTURE
- The raising of fish and shellfish in any natural, open, free-flowing water body.
- WATER-DEPENDENT FACILITIES - CA
- Those structures or works associated with industrial, maritime, recreational, educational, or fisheries activities that require location at or near the shoreline within the buffer. An activity is water-dependent if it cannot exist outside the buffer and is dependent on the water by reason of the intrinsic nature of its operation. Such activities include, but are not limited to, ports, the intake and outfall structures of power plants, water-use industries, marinas and other boat-docking structures, public beaches and other public water-oriented recreation areas, and fisheries activities.
- WATER-USE INDUSTRY
- An industry that requires location near the shoreline because it utilizes surface waters for cooling or other internal purposes.
- WATER-USE INDUSTRY - CA
- An industry that requires location near the shoreline because it utilizes surface waters for cooling or other internal purposes; ports and industries which use water for transportation and derive economic benefits from shore access on sites approved by the County where it is determined that the proposed use will provide significant economic benefit to the County.
- WATERFOWL
- Birds that frequent and often swim in water, nest and raise their young near water, and derive at least part of their food from aquatic plants and animals.
- WATERFOWL CONCENTRATION AREAS - CA
- Locations where waterfowl, e.g., geese, ducks, swan, etc., have historically congregated in large numbers.
- WETLAND MITIGATION PLAN - CA
- A detailed plan that shows how adverse effects on nontidal wetlands resulting from development activities will be addressed.
- WILDLIFE CORRIDOR
- A strip of land having vegetation that provides habitat and safe passage for wildlife.
- WILDLIFE HABITAT
- Those plant communities and physiographic features that provide food, water, cover, and nesting areas, as well as foraging and feeding conditions necessary to maintain populations of animals in the Critical Area.
[Reference: Natural Resources Article §§ 8-1801
and 8-1808.]
A.
Intent. In 1984, the Maryland General Assembly passed the Chesapeake
Bay Critical Area Act in response to growing concern over the decline
of the quality and productivity of the waters of the Chesapeake Bay
and its tributaries. The decline was found to have resulted, in part,
from the cumulative effects of human activity that caused increased
levels of pollutants, nutrients, and toxins, and also from declines
in protective land uses such as forest land and agricultural land
in the Bay region. In 2002, the Atlantic Coastal Bays were added to
the Critical Area because these bays were experiencing a similar decline.
B.
Purpose. The General Assembly enacted the Critical Area Act for the
following purposes:
(1)
To establish a resource protection program for the Chesapeake Bay
and Atlantic Coastal Bays and their tributaries by fostering more
sensitive development activity for certain shoreline areas so as to
minimize impacts to water quality and natural habitats; and
(2)
To implement a resource protection program on a cooperative basis
between the State and affected local governments, with local governments
establishing and implementing their programs in a consistent and uniform
manner subject to State Criteria and oversight.
C.
Goals. The goals of the Critical Area Program are to accomplish the
following:
(1)
Minimize adverse impacts on water quality that result from pollutants
that are discharged from structures or run off from surrounding lands;
(2)
Conserve fish, wildlife, and plant habitat; and
(3)
Establish land use policies for development in the Critical Area
which accommodate growth as well as address the environmental impacts
that the number, movement, and activities of people may have on the
area.
[Reference: Natural Resources Article § 8-1808, Program
Development.]
A.
Local implementation. These provisions regulate development activities
and resource utilization activities, e.g., agriculture and forestry,
within the Critical Area. They supplement existing land use regulations
by imposing specific standards and requirements as set forth in the
Critical Area Act and Criteria. The Critical Area provisions as set
forth herein and in any other applicable regulations supersede any
inconsistent law, chapter, or plan of the County. In the case of conflicting
provisions, the stricter provisions shall apply.
B.
Critical Area Program. The County adopted its Critical Area Program
on August 23, 1988. The program consists of this chapter, the County's
Comprehensive Plan, the County's Critical Area maps, and the
County's zoning, grading, erosion and sediment control and subdivision
regulations.[1]
C.
Regulated activities and applicability. Any applicant for a permit
or license to pursue activities within the Critical Area, including
but not limited to development or redevelopment, grading, sediment
and erosion control, timber harvesting, shoreline erosion control,
installation of a septic system and drain field, operation of a waste
collection or disposal facility, operation of a commercial or private
marina or other water-related commercial or industrial operation (whether
public or private), mining (whether surface or subsurface) or quarrying,
farming or other agriculture-related activities shall have such permits
or licenses issued by the Director or designee after review and approval
under the County's Critical Area Program.
D.
Notification of project applications. [Reference: COMAR 27.03.01.]
The County shall send copies of applications for all developments,
subdivisions, and site plans wholly or partially within the Critical
Area to the Critical Area Commission for review and comment. The application
shall be accompanied by a completed "Project Notification Application"
form. The Critical Area Commission shall send written notification
of receipt of the application before the close of the fifth business
day. The County may not process an application which has been sent
to the Critical Area Commission for notification until it has received
notice of receipt by the Critical Area Commission. Any action by the
County in violation of these procedures shall be void.
E.
Responsible agencies. The County's Critical Area Program and
all applicable provisions of this chapter shall be implemented and
enforced by the appropriate agency within County government that administers
primary responsibility for the respective land use or resource protection
or governmental service policies impacted by the Critical Area Program.
Should an infraction of the provisions contained in any law, regulation,
or plan related to the County's Critical Area Program be brought
to the attention of any County official, said official shall contact
the Director or designee who may consult with the County Attorney
to determine the proper remedial course of action. If appropriate,
the Director or designee shall inform the Critical Area Commission
about the infraction and any decision made regarding remedial action.
The Critical Area Commission, at its discretion, may also take remedial
action under the authority it is given under state law.
[Reference: Natural Resources Article §§ 8-1808
and 8-1815.]
A.
Applicability. The purpose of this chapter is to establish administrative
enforcement procedures to identify violations, assess administrative
civil penalties, and require abatement, restoration, and mitigation
for violations to the County's Critical Area Program. The provisions
of this chapter are in accordance with the Critical Area Act and Criteria
and, as set out in any other applicable ordinances and regulations,
apply throughout the Critical Area and supersede any inconsistent
law, regulation, ordinance or plan of the County. In the case of conflicting
provisions, the stricter provisions shall apply.
B.
Compliance officials. These provisions shall be implemented and enforced
by the Director or designee.
(1)
The Director or designee shall enforce and supervise enforcement
responsibilities of this chapter.
(2)
The Director or designee shall conduct administrative reviews as
set forth in this chapter, to evaluate the amount of administrative
civil penalties in accordance with County regulations. Following an
administrative review, the Director or designee may decrease, increase,
or confirm the amount of the civil penalty. In addition, the Director
or designee may modify or impose payment terms, conditions, schedules,
or other requirements and may suspend all or part of any civil penalty.
(3)
The Director or designee may notify the Critical Area Commission
of any violation and inform the Critical Area Commission of all actions
taken to halt the violation, restore the property, and require appropriate
mitigation. The Critical Area Commission, at its discretion, may also
pursue its own remedial action or assist the County as provided for
in State law.
C.
Violations. [Reference: Natural Resources Article § 8-1808(c)(1)(iii)15.]
No person shall violate any provision of this chapter. Each
violation that occurs and each calendar day that a violation continues
shall be a separate offense. Each person who violates a provision
of this chapter shall be subject to separate administrative civil
penalties, abatement and restoration orders, and mitigation for each
offense. Administrative civil penalties for continuing violations
shall accrue without a requirement for an additional assessment, notice,
or opportunity for hearing for each separate offense. If the Director
or a designee shall find that any of the provisions of this chapter
are being violated, the Director, or a designee, shall notify in writing
the person responsible for such violation or violations indicating
the nature of the violation and ordering the action necessary to correct
it.
(1)
The Director or designee shall order discontinuance of illegal use
of land, buildings, or structure; removal of illegal buildings, or
structures or of additions, alterations, or structural changes thereto;
discontinuance of any illegal work being done or shall take any other
action authorized by this chapter to insure compliance with or to
prevent violation of its provisions.
(2)
For the purposes of this provision, a violation shall include but
not be limited to the following:
(a)
Violation of Dorchester County Critical Area Program.
(b)
Violation of Dorchester County Zoning Ordinance.
(c)
Violation of an existing Dorchester County Board of Zoning Appeals
order, condition or restriction.
(d)
Violation of an existing Dorchester County Planning Commission
order, condition or restriction.
(e)
Violation of Dorchester County Forest Conservation Ordinance.
(f)
Violation of Dorchester County Floodplain Management Ordinance.
(g)
Violation of Dorchester County Subdivision Ordinance.
(h)
Violation of Dorchester County Building Code Ordinance (regarding
grading, erosion, and sediment control).
(i)
Violation of the Dorchester County Grading, Erosion and Sediment
Control Ordinance.
(j)
Any other violation, including, but not limited to, noncompliance
with any order of the Department of Planning and Zoning (DP&Z),
the Department of Public Works, the Planning Commission, the Board
of Zoning Appeals, or a court of competent jurisdiction, including
but not limited to an order to modify or remove a structure, to perform
mitigation, or to pay fines or assessed penalty fees related to a
citation or other violation issued by DP&Z.
(3)
No zoning application, application to the Dorchester County Board
of Zoning Appeals for administrative review, modification of an existing
Board of Zoning Appeals order, special exception, variance or other
application seeking action by the Board to Zoning Appeals or the Dorchester
County Planning and Zoning Commission shall be accepted or shall otherwise
proceed if a violation as above described shall exist upon or be related
to the subject parcel until the violation is corrected or a plan has
been approved permitting the application to proceed. [Reference: Natural
Resources Article § 8-1808(c)(1)(iii)15.F.]
D.
Required enforcement action. [Reference: Natural Resources Article
§ 8-1808(c)(4).]
If DP&Z or the Department of Public Works identifies a violation
of this subtitle or any provision of the County's Critical Area
ordinances or regulations, it shall take enforcement action including:
(1)
Assess administrative civil penalties as necessary to cover the costs
associated with local authorities performing inspections, supervising
or rendering assistance with identifying and citing the violation,
issuing abatement and restoration orders, and reviewing mitigation
plans and ensuring compliance with these plans;
(3)
Require the implementation of mitigation measures, in addition to
restoration activities, to offset the environmental damage and degradation
or loss of environmental benefit resulting from the violation.
E.
Responsible persons. [Reference: Natural Resources Article § 8-1808(c)(1)(iii)14,
15.C and (c)(2)(ii).]
The following persons may each be held jointly or severally
responsible for a violation:
F.
Administrative civil penalties. [Reference: Natural Resources Article
§ 8-1808(c)(1)(iii)14 and (c)(2).]
In addition to any other penalty applicable under state or County
law, every violation of a provision of Natural Resources Article,
Title 8, Subtitle 18, or the County's Critical Area Program,
ordinance, or regulations shall be punishable by a civil penalty of
up to $10,000 per calendar day.
(1)
Before imposing any civil penalty, the person(s) believed to have
violated this chapter shall receive written notice of the alleged
violation(s), including which, if any, are continuing violations,
and an opportunity to be heard. The amount of the civil penalty for
each violation, including each continuing violation, shall be determined
separately. For each continuing violation, the amount of the civil
penalty shall be determined per day. In determining the amount of
the civil penalty, the Director or designee shall consider:
(a)
The gravity of the violation;
(b)
The presence or absence of good faith of the violator;
(c)
Any willfulness or negligence involved in the violation, including
a history of prior violations;
(d)
The environmental impact of the violation; and
(e)
The cost of restoration of the resource affected by the violation
and mitigation for damage to that resource, including the cost to
the state or local authorities for performing, supervising, or rendering
assistance to the restoration and mitigation.
(2)
When a section of this chapter establishes a different maximum amount
for a civil penalty for any violation, the larger amount shall apply.
(3)
Administrative civil penalties for continuing violations shall accrue
for each violation, every day each violation continues, with no requirements
for additional assessments, notice, or hearings. The total amount
payable for continuing violations shall be the amount assessed per
day for each violation multiplied by the number of days that each
violation has continued.
(4)
The person responsible for any continuing violation shall promptly
provide the Director or designee with written notice of the date(s)
the violation has been or will be brought into compliance and the
date(s) for the County inspection to verify compliance. Administrative
civil penalties for continuing violations continue to accrue as set
forth herein until the County receives such written notice and verifies
compliance by inspection or otherwise.
(5)
Assessment and payment of administrative civil penalties shall be
in addition to and not in substitution for recovery by the County
of all damages, costs, and other expenses caused by the violation,
including the cost to correct any violation or repair, restore, or
replace any County property.
(6)
Payment of all administrative civil penalties assessed shall be a
condition precedent to the issuance of any permit or other approval
required by this Code.
(7)
In this section "owner" or "property owner" includes two or more
persons holding title to the property under any form of joint ownership;
(8)
In this section "person" includes the federal government, the state,
any County, municipal corporation, or other political subdivision
of the state, or any of their units, or an individual receiver, trustee,
guardian, executor, administrator, fiduciary, or representative of
any kind, or any partnership, firm, association, public or private
corporation, or any other entity, including a contractor, property
owner or any other person who committed, assisted, authorized or participated
in a violation of Title 8, Subtitle 18, of the Annotated Code of Maryland
entitled "Chesapeake and Atlantic Coastal Bays Critical Area Protection
Program" or a violation of this chapter entitled "Critical Area."
(9)
The Director of Planning is hereby authorized to issue citations for civil infractions for violations of this chapter in accordance with § 147-2 of the Dorchester County Code and the amount of the civil penalty or fine to be assessed under this section. All civil penalties or fines for civil infractions under this section shall be payable to the County;
(10)
The Director of Planning is also authorized to issue with the citation for civil infractions an administrative abatement order requiring the owner, property owner or person to abate or to correct an alleged violation of this chapter, entitled "Critical Area," or to cease work or activity being performed in the Critical Area Protection District. The administrative abatement order shall be served with the citation for civil infraction pursuant to Chapter 147, § 147-2, et seq. of this Code. The administrative abatement order shall be enforced pursuant to § 147-6F(4) and G of Chapter 147 of the Dorchester County Code;
(11)
If a final adjudication of a notice of violation results in a determination
that a violation has occurred, the person shall be liable to a penalty
that is twice the amount of the assessment in the notice of violation,
in addition to the cost of the hearing and any applicable mitigation
costs; and
(12)
Application for a variance constitutes a waiver of the right to appeal
the terms of a notice of violation and its final adjudication, including
the payment of any penalties and costs assessed.
G.
Notice of violations and assessment of administrative civil penalties.
[Reference: Natural Resources Article § 8-1808(c)(1)(iii)14.]
Every notice of violation and assessment of civil penalty shall
be in writing and shall include:
(1)
A description of the facts supporting each alleged violation;
(2)
Classification of each alleged violation as a continuing or noncontinuing
violation;
(3)
Separate assessment of a civil penalty for each violation, and a
separate daily assessment for each continuing violation;
(4)
Notice of the right to request administrative review before the Director
or designee to evaluate the amount(s) of administrative civil penalties;
and
(5)
Notice of the right to file an appeal to the Board of Zoning Appeals.
H.
Administrative abatement, restoration, and mitigation orders. [Reference:
Natural Resources Article § 8-1808(c)(1)(iii)15.]
The provisions of this chapter apply to orders issued by the
Director or designee to a person conducting or having conducted an
unauthorized action. Orders shall be sent to the alleged violator
by certified mail, return receipt requested. Service shall be effective
upon mailing. In addition, any other method of service reasonably
calculated to provide actual notice, and any method that does provide
actual notice, shall be sufficient, including service by personal
delivery to a responsible person at any construction site or posting
the order in a conspicuous place on any structure, sign, land, or
equipment.
(1)
The Director or designee may issue an administrative abatement order
to any person, compelling the person to perform the following:
(a)
To correct, discontinue or abate any violation;
(b)
To cease any activity being performed in violation of this chapter;
and
(c)
To apply for any permit, approval, special exception, or variance
required by this chapter; however, the filing of an application will
not negate or stay the requirement for abatement, restoration, or
mitigation measures required by the Director or designee.
(2)
The Director or designee may issue a restoration order to any person
compelling the person to perform the following:
(a)
To remove any construction materials, equipment, and any structures
or other construction work built or erected in violation of this chapter;
(b)
To restore any property to its condition as it existed before
any violation of this chapter;
(c)
To perform any condition or obligation required by this chapter
or by any permit, approval, special exception, variance, license,
contract, deed, or other instrument required or executed pursuant
to this chapter;
(3)
Administrative abatement and restoration orders shall be sent to
the alleged violator by certified mail, return receipt requested.
Service shall be effective upon mailing. In addition, any other method
of service reasonably calculated to provide actual notice, and any
method that does provide actual notice, shall be sufficient, including
service by personal delivery to a responsible person at any construction
site or posting the order in a conspicuous place on any structure,
sign, land, or equipment.
(4)
The Director or designee shall issue a mitigation order to any person
receiving notice of or issued a citation for conducting or having
conducted an unauthorized action. Mitigation is required for all violations
of the County's Critical Area Program and shall be in addition
to any required abatement or restoration activities. [Reference: Natural
Resources Article § 8-1808(c)(4)(ii).] In evaluating the
type and amount of mitigation, the Department shall consider the severity
of the impact on water resources and habitat and the length of time
necessary to restore the resources to their condition prior to the
violation, or if that is not possible to recreate or establish and
permanently protect similar resources in another location. The mitigation
order shall compel the person to perform the following:
(a)
To implement appropriate water quality improvement or habitat
enhancement measures that are sufficient to offset adverse impacts
to the Critical Area resulting from the violation as follows:
[1]
Mitigation is required at a three-to-one ratio for the area
disturbed or the area of the development activity outside the 100-foot
buffer and expanded buffer, and
[2]
Mitigation is required at a four-to-one ratio for the area disturbed
or the area of the development activity within the 100-foot buffer
or expanded buffer;
(b)
To prepare or to have a qualified professional prepare a mitigation plan that includes water quality improvement or habitat enhancement measures to offset adverse impacts to the Critical Area resulting from the violation as specified in Subsection H(4)(a) above; or
(c)
To pay a fee-in-lieu of mitigation that shall be deposited in
a dedicated Critical Area Restoration Fund and used exclusively to
conduct or facilitate activities or projects that promote the goals
of the Critical Area Program and to ensure its effective implementation
within the County.
I.
Contents of administrative abatement, restoration, and mitigation
orders. The provisions of this chapter apply to orders issued by the
Director or designee to a person conducting or having conducted an
unauthorized action. All orders shall include:
(1)
A description of each violation, including citation to the applicable
County ordinance, regulation, or other requirement allegedly violated;
(2)
The time within which any required action is to occur, taking into
account the specific action required to comply with the order and
any existing or intervening harm or threat to the public health, safety,
and welfare. Except for emergencies, which can require compliance
as soon as 24 hours or otherwise less than 30 days, there is a rebuttable
presumption that compliance with the orders shall take place within
30 days from the date of the order; and
(3)
Notice of the right to appeal the order to the Board of Zoning Appeals
and the period within which any such appeal must be filed.
J.
Bonding for restoration and mitigation orders. [Reference: Natural
Resources Article § 8-1815.]
For abatement or restoration activities and mitigation activities
that exceed 1,000 square feet or involve expenses exceeding $1,000,
the Department shall:
(1)
Collect a bond or other financial security to ensure that the restoration
or mitigation is properly completed;
(2)
Hold a bond for at least two years if the restoration involves planting
in order to ensure the survival of the plantings. The two years will
run from the date the plantings are installed; and
(3)
Schedule and perform an inspection of the property at the property
owner's request as necessary to ensure compliance and promptly
release the bond or other financial security when compliance is confirmed.
K.
Cumulative remedies. [Reference: Natural Resources Article §§ 8-1808
and 8-1815.]
The remedies available to the County under this chapter are
cumulative and not alternative or exclusive, and the decision to pursue
one remedy does not preclude pursuit of others.
L.
Injunctive relief. [Reference: Natural Resources Article § 8-1815.]
The Director or designee is authorized to institute injunctive
or other appropriate actions or proceedings to bring about the discontinuance
of any violation of this chapter, an administrative order, a permit,
a decision, or other imposed condition.
(1)
The pendency of an appeal to the Board of Zoning Appeals or subsequent
judicial review shall not prevent the County from seeking injunctive
relief to enforce an administrative order, permit, decisions, or other
imposed condition, or to restrain a violation pending the outcome
of the appeal or judicial review.
(2)
In an action for injunctive relief to enforce an administrative order,
the court may also impose a civil fine up to $10,000 for each day
that an administrative order was violated, but not exceeding $10,000,
after considering:
M.
Permits pursuant to a violation. [Reference: Natural Resources Article
§ 8-1808(c)(4).]
The Department may not issue any permit, approval, variance,
or special exception, unless the person seeking the permit has:
(2)
Prepared a restoration or mitigation plan, approved by the Department,
to abate impacts to water quality or natural resources as a result
of the violation;
(3)
Performed the abatement measures in the approved plan in accordance
with the local Critical Area regulations; and
(4)
Unless an extension of time is approved by the Department because
of adverse planting conditions, within 90 days of the issuance of
a permit, approval, variance, or special exception for the affected
property, any additional mitigation required as a condition of approval
for the permit, approval, variance, or special exception shall be
completed.
N.
Nonissuance, nonrenewal, suspension, or revocation of permit. The
Director or designee may decline to issue or renew, or may suspend
or revoke any permit or license issued under the authority of, or
required by this chapter.
(2)
The Director or designee shall give written notice and opportunity
to be heard before any nonissuance, nonrenewal, suspension, or revocation
and shall render a written decision on the matter, which shall be
considered an administrative order and may be appealed to the Board
of Zoning Appeals.
O.
Enforcement costs. [Reference: Natural Resources Article § 8-1815.]
In any action or proceeding in which the County substantially
prevails, the County may recover all costs incurred to enforce the
terms of this chapter, including counsel fees and litigation expenses.
P.
Appeals. An appeal to the County Board of Zoning Appeals may be filed
by any person aggrieved by any order, requirement, decision or determination
by the Director or designee in connection with the administration
and enforcement of this chapter.
[Reference: COMAR 27.01.02.01 through .02 and Natural Resources
Article § 8-1808.]
A.
Description. The provisions of this chapter apply generally to all
development, redevelopment and development activities throughout the
Critical Area, except where specifically noted.
B.
General policies. In order to accommodate already existing land uses
and growth in the County Critical Area while providing for the conservation
of habitat and the protection of water quality, the County has identified
and mapped three land use management districts within the Critical
Area. The Critical Area has also been defined as an overlay zone in
the County Zoning Ordinance. The County has identified each of the
three land use management districts within the Critical Area based
on the following criteria and has developed policies and programs
to achieve the objectives as proposed by the County program. The County
recognizes the following three types of development areas: intensely
developed areas (IDAs); limited development areas (LDAs); and resource
conservation areas (RCAs). The following general provisions are applicable
throughout the Critical Area:
(1)
Intense development should be directed outside of the Critical Area.
Future intense development activities, when proposed in the Critical
Area, shall be directed towards the intensely developed areas.
(2)
Additional low-intensity development may be permitted in the limited
development areas but shall be subject to strict regulation to prevent
adverse impacts on habitat and water quality.
(3)
Development shall be limited in the resource conservation area, which
shall be chiefly designated for agriculture, forestry, fisheries activities,
and other resource utilization activities and for habitat protection.
C.
Permitted uses by zoning district. The Table of Permitted Uses by Zoning District, in § 155-34B(1), is hereby adopted by reference as part of this chapter.[1]
D.
Implementation. For purposes of implementing this regulation the
County has determined, based on land uses and development in existence
on December 1, 1985, which land areas fall within the three types
of land management and development areas described in this program.
E.
Activities not permitted except in IDA. Certain new development,
redevelopment or expanded activities or facilities, because of their
intrinsic nature or because of their potential for adversely affecting
habitats or water quality, may not be permitted in the Critical Area
except in intensely developed areas under regulations of this chapter
and only after the activity or facility has demonstrated to all appropriate
local and state permitting agencies that there will be a net improvement
in water quality to the adjacent body of water. These activities include
the following:
(1)
Nonmaritime heavy industry;
(2)
Transportation facilities and utility transmission facilities, except
those necessary to serve permitted uses, or where regional or interstate
facilities must cross tidal waters (utility transmission facilities
do not include power plants); or
(3)
Permanent sludge handling, storage and disposal facilities, other
than those associated with wastewater treatment facilities. However,
agricultural or horticultural use of sludge under appropriate approvals
when applied by an approved method at approved application rates may
be permitted in the Critical Area, except in the 100-foot buffer.
(4)
The County may preclude additional development activities that it
considers detrimental to water quality or fish, wildlife, or plant
habitats within the Critical Area.
F.
Activities not permitted. Certain new development activities or facilities,
or the expansion of certain existing facilities, because of their
intrinsic nature or because of their potential for adversely affecting
habitat and water quality, may not be permitted in the Critical Area
unless no environmentally acceptable alternative exists outside the
Critical Area, and these development activities or facilities are
needed in order to correct an existing water quality or wastewater
management problem. These include:
G.
Continuation of existing, permitted facilities. Existing, permitted facilities of the type noted in Subsection E above shall be subject to the standards and requirements of the Department of the Environment, under COMAR Title 26.
H.
Reasonable accommodations for the needs of disabled citizens. The
Board of Zoning Appeals may make reasonable accommodations to avoid
discrimination on the basis of a physical disability. Reasonable accommodations
for the needs of disabled citizens may be permitted in accordance
with the evidentiary requirements set forth in the following paragraphs.
(1)
An applicant shall have the burden of demonstrating by a preponderance
of evidence that:
(a)
The alterations will benefit persons with a disability within
the meaning of the Americans With Disabilities Act;
(b)
Literal enforcement of the requirements of this chapter would
result in discrimination by virtue of such disability or deprive a
disabled resident or user of the reasonable use and enjoyment of the
property;
(c)
A reasonable accommodation would reduce or eliminate the discriminatory
effect of the requirements or restore the disabled resident's
or user's reasonable use or enjoyment of the property;
(d)
The accommodation requested will not substantially impair the
purpose, intent, or effect of the provisions of this chapter as applied
to the property; and
(e)
The accommodation would:
[1]
Be environmentally neutral with no greater negative impact on
the environment than the literal enforcement of the statute, ordinance,
regulation or other requirement; or
[2]
Allow only the minimum environmental changes necessary to address
the needs resulting from the particular disability of the applicant/appellant.
(2)
The Board of Zoning Appeals shall determine the nature and scope
of accommodation under this subsection and may award different or
other relief than requested after giving due regard to:
(3)
The Board of Zoning Appeals may require, as a condition of approval,
that upon termination of the need for accommodation, that the property
be restored to comply with all applicable provisions of this chapter.
Appropriate bonds may be collected or liens placed in order to ensure
the County's ability to restore the property should the applicant
fail to do so.
I.
Reasonable accommodations for emergency services. The Board of Appeals
may make reasonable accommodations, on the basis of public need, for
development and redevelopment in the buffer for emergency services.
Reasonable accommodations may be permitted in accordance with the
evidentiary requirements set forth in the following subsections:
(1)
An applicant shall have the burden of demonstrating the following:
(a)
The existence of a public need.
(b)
Literal enforcement of the provisions of this subsection would
result in diminished or inadequate emergency services provided to
the local community.
(c)
Without a reasonable accommodation, the provisions of this subsection
would prohibit adequate emergency services in the local community.
(d)
The accommodation requested will not substantially impair the
purpose, intent, or effect of the provisions of this subsection as
applied to the property.
(e)
Environmental impacts associated with the accommodation are
the minimum necessary to provide adequate emergency services to the
local community.
(2)
The Board of Appeals shall determine the nature and scope of any
accommodation under this subsection and may award different or other
relief than that requested after giving due regard to the purpose,
intent, or effect of the applicable provisions of this subsection.
The Board may also consider the size, location, and type of accommodation
proposed and whether alternatives exist which accommodate the need
with less adverse effect.
(3)
The Board of Appeals shall require 3:1 mitigation as a condition
of variance approval for requests regarding emergency services.
[Reference: COMAR 27.01.02.03.]
A.
Description: areas where residential, commercial, institutional,
and/or industrial developed uses predominate and where relatively
little natural habitat occurs. At the time of the initial mapping,
these areas shall have had at least one of the following features:
(1)
Housing density equal to or greater than four dwelling units per
acre;
(2)
Industrial, institutional or commercial uses are concentrated in
the area; or
(3)
Public sewer and water collection and distribution systems are currently
serving the area and housing density is greater than three dwelling
units per acre;
B.
Additional requirements. In addition, these features shall be concentrated
in an area of at least 20 adjacent acres or that entire upland portion
of the Critical Area within the boundary of a municipality, whichever
is less.
C.
General policies. The Critical Area Ordinance for Dorchester County
hereby incorporates the following policies for intensely developed
areas. New or expanded development or redevelopment shall take place
in such a way as to:
(1)
Improve the quality of runoff from developed areas that enters the
Chesapeake Bay or its tributary streams;
(2)
Accommodate additional development of the type and intensity designated
by the County in this program, provided that water quality is not
impaired;
(3)
Minimize the expansion of intensely developed areas into portions
of the Critical Area designated as habitat protection areas and resource
conservation areas under this program;
(4)
Conserve and enhance fish, wildlife, and plant habitats, as identified
in the habitat protection area sections of this chapter, to the extent
possible within intensely developed areas; and
(5)
Encourage the use of retrofitting measures to address existing stormwater
management problems.
D.
Development standards. The following criteria are hereby adopted
for intensely developed areas:
(1)
All development plans shall be assessed for their impacts on water
quality and other biological resources;
(2)
For redevelopment plans, opportunities to reduce impacts on water
quality generated by existing development shall be analyzed;
(3)
A part of all plans for development and redevelopment, urban best
management practices shall be considered and, where appropriate, implemented;
(4)
Development and redevelopment shall be subject to the habitat protection
area requirements prescribed in those sections of this chapter;
(5)
All roads, bridges, and utilities are prohibited in a habitat protection
area, unless no feasible alternative exists. If a road, bridge or
utility is authorized the design, construction, and maintenance shall:
(6)
All development activities that must cross or affect streams shall
be designed to:
(a)
Reduce increases in flood frequency and severity that are attributable
to development;
(b)
Retain tree canopy so as to maintain stream water temperature
within normal variation;
(c)
Provide a natural substrate for stream beds; and
(d)
Minimize adverse water quality and quantity impacts of stormwater.
(7)
Stormwater shall be addressed in accordance with the following provisions:
(a)
The County shall require, at the time of development or redevelopment,
that technologies as required by applicable state and local ordinances
be applied by anyone undertaking development activities in order to
minimize adverse impacts to water quality caused by stormwater.
(b)
In the case of redevelopment, if these technologies do not reduce
pollutant loadings measured by use of the keystone pollutant method
by at least 10% below the level of pollution on the site prior to
redevelopment, then offsets shall be provided. Guidance for compliance
with this requirement is provided in the Critical Area 10% Rule Guidance
Manual - Fall 2003, and as may be subsequently amended.
(c)
In the case of new development, offsets as determined by the
County shall be used if they reduce pollutant loadings by at least
10% of the predevelopment levels. Guidance for compliance with this
requirement is provided in the Maryland Chesapeake and Atlantic Coastal
Bays Critical Area 10% Rule Guidance - Fall 2003, and as may be subsequently
amended.
(d)
Offsets may be provided either on or off site, provided that
water quality benefits are equivalent, that the benefits are obtained
within the same watershed, and that the benefits can be determined
through the use of modeling, monitoring or other computation of mitigation
measures. Guidance regarding offsets is provided in the Maryland Chesapeake
and Atlantic Coastal Bays Critical Area 10% Rule Guidance - Fall 2003.
(8)
If practicable, permeable areas shall be established in vegetation
and whenever possible, redevelopment shall reduce existing levels
of pollution.
(9)
Areas of public access to the shoreline, such as foot paths, scenic
drives and other public recreational facilities, should be maintained
and, if possible, encouraged to be established within intensely developed
areas.
(10)
Ports and industries which use water for transportation and derive
economic benefits from shore access shall be located near existing
port facilities. The County may identify other sites for planned future
port facility development and use if this use will provide significant
economic benefit to the state or County and is consistent with the
provisions of the water-dependent facilities section of this chapter[1] and other state and federal regulations.
(11)
The County shall promote, with the assistance from state agencies,
participation in programs and activities for the enhancement of biological
resources within the Critical Area for their positive effects on water
quality and urban wildlife habitat. These programs may include urban
forestry, landscaping, gardens, wetland and aquatic habitat restoration
elements.
(12)
To the extent practicable, future development in the Critical Area
shall use cluster development as a means to reduce impervious areas
and to maximize areas of natural vegetation.
(13)
When the cutting or clearing of trees in forests and developed woodland
areas is associated with current or planned development activities,
the following shall be required:
(a)
Participation in programs established by the County for the
enhancement of forest and developed woodland resources, such as programs
for urban forestry that involve street tree plantings, gardens, landscaping,
and open land buffer plantings;
(b)
Development activities shall be designed and implemented to
minimize destruction of forest and woodland vegetation; and
(c)
Development activities shall address the protection of existing
forests and developed woodlands identified as habitat protection areas
in the applicable sections of this chapter.
[Reference: COMAR 27.01.02.04.]
A.
Description. Limited development areas are those areas in which are
currently developed low- or moderate-intensity uses. They also contain
areas of natural plant and animal habitats. The quality of runoff
from these areas has not been substantially altered or impaired. At
the time of the initial mapping, these areas shall have had at least
one of the following features:
(1)
Housing density ranging from one dwelling unit per five acres up
to four dwelling units per acre;
(2)
Areas not dominated by agricultural, wetland, forest, barren land,
surface water, or open space;
(3)
Areas meeting the conditions of intensely developed area but comprising
less than 20 acres;
(4)
Areas having public sewer or public water, or both.
B.
General policies. The County's Critical Area Ordinance hereby
incorporates the following policies for limited development areas.
New or expanded development or redevelopment shall take place in such
a way as to:
(1)
Maintain or, if possible, improve the quality of runoff and groundwater
entering the Chesapeake Bay and its tributaries;
(2)
Maintain, to the extent practicable, existing areas of natural habitat;
and
(3)
Accommodate additional low- or moderate-intensity development if:
(a)
This development conforms to the water quality and habitat protection criteria in Subsection C below; and
(b)
The overall intensity of development within the limited development
area is not increased beyond the level established in a particular
area so as to change its prevailing character as identified by density
and land use currently established in the area.
C.
Development standards. For all development activities in the limited
development areas, the County shall require that the applicant identify
any environmental or natural feature described below, and shall meet
all of the following standards of environmental protection:
(1)
Adherence to the provisions of the applicable sections of this chapter
regarding habitat protection areas and water-dependent facilities;
(2)
All roads, bridges, and utilities are prohibited in a habitat protection
area, unless no feasible alternative exists. If a road, bridge or
utility is authorized the design, construction, and maintenance shall:
(3)
All development activities that must cross or affect streams shall
be designed to:
(a)
Reduce increases in flood frequency and severity that are attributable
to development;
(b)
Retain tree canopy so as to maintain stream water temperature
within normal variation;
(c)
Provide a natural substrate for stream beds; and
(d)
Minimize adverse water quality and quantity impacts of stormwater.
(4)
All development sites shall incorporate a wildlife corridor system
that connects the largest undeveloped or most vegetative tracts of
land within and adjacent to the site in order to provide continuity
of existing wildlife and plant habitats with off-site habitats. The
wildlife corridor system may include habitat protection areas identified
in this chapter. The County shall ensure the maintenance of the wildlife
corridors by requiring the establishment of conservation easements,
restrictive covenants, or similar instruments approved by the County
Attorney through which the corridor is preserved by public or private
groups, including homeowners' associations, nature trusts and
other organizations.
(5)
For the cutting or clearing of trees in forests and developed woodland
areas which are associated with current or planned development activities
in a limited development area, the County shall:
(a)
Require that the applicant consider the recommendations of the
Maryland Department of Natural Resources when planning development
on forested land;
(b)
Design and implement development activities to minimize the
destruction of woodland vegetation; and
(c)
Provide protection for forests and developed woodlands identified
as habitat protection areas in this program.
(6)
For the alteration of forest and developed woodland in the limited
development area, the County shall apply all of the following requirements:
(a)
The total acreage in forest coverage within the County in the
Critical Area shall be maintained or preferably increased;
(b)
All forests that are allowed to be cleared or developed shall
be replaced in the Critical Area on not less than an equal area basis;
(c)
If a developer is authorized to clear more than 20% of a forest
or developed woodlands on a lot or parcel, the developer shall replace
the forest or developed woodlands at 1.5 times the areal extent of
the forest or developed woodlands cleared, including the first 20%
of the forest or developed woodlands cleared;
(d)
A developer may not clear more than 30% of a forest or developed
woodlands on a lot or parcel, unless the County:
(7)
Clearing in excess of 30% of an existing forest or developed woodland
is prohibited without a variance.
(8)
In addition, applicants shall adhere to the following criteria for
forest and woodland development:
(a)
Grading permits shall be required before forest or developed
woodland is cleared;
(b)
Forests which have been cleared before obtaining a grading permit or that exceed the maximum area allowed in Subsection C(7) above shall be replanted at three times the areal extent of the cleared forest;
(c)
If no forest is established on proposed development sites, these
sites shall be planted to provide a forest or developed woodland cover
of at least 15%;
(d)
All forests designated on development plans shall be maintained
to the extent practicable, through conservation easements, restrictive
covenants or other protective instruments approved by the County Attorney;
(e)
The applicant shall designate, subject to the approval of the
County, a new forest area on a part of the site not forested; and
(f)
The afforested area shall be maintained as forest cover through
easements, restrictive covenants or other protective instruments approved
by the County Attorney.
(9)
Applicants shall adhere to the following standards for development
on steep slopes. Development on slopes greater than 15%, as measured
before development, shall be prohibited unless the project is the
only effective way to maintain or improve the stability of the slope
and is consistent with the policies and standards for limited development
areas set forth above.
(10)
Except as otherwise provided in this subsection, for stormwater runoff,
lot coverage shall be limited to 15% of the site. [Reference: Natural
Resources Article 8-1808.3.] This section does not apply to agricultural
uses and structures in use for agricultural purposes on parcels with
approved soil conservation and water quality plans or erosion and
sediment control plans approved by the Soil Conservation District.
Structures which qualify as water-dependent facilities do not require
a variance; however, they must still meet the lot coverage limits.
(a)
If a parcel or lot of 1/2 acre or less in size existed on or
before December 1, 1985, then lot coverage is limited to 25% of the
parcel or lot.
(b)
If a parcel or lot greater than 1/2 acre and less than one acre
in size existed on or before December 1, 1985, then lot coverage is
limited to 15% of the parcel or lot.
(c)
If an individual lot one acre or less in size is part of a subdivision
approved after December 1, 1985, then lot coverage may exceed 15%
of the individual lot; however, the total lot coverage for the entire
subdivision may not exceed 15%.
(d)
This section does not apply to a trailer park that was in residential
use on or before December 1, 1985.
(e)
Lot coverage limits provided in Subsection C(10)(a) and (b) above may be exceeded, upon findings by the Planning Director or his designee that the following conditions exist:
[1]
Lot coverage associated with new development activities on the
property have been minimized;
[2]
For a lot or parcel 1/2 acre or less in size, total lot coverage
does not exceed 31.25% or 25% plus 500 square feet, whichever is greater;
[3]
For a lot or parcel greater than 1/2 acre and less than one
acre in size, total lot coverage does not exceed 15% or 5,445 square
feet, whichever is greater;
[4]
Water quality impacts associated with runoff from new development
activities that contribute to lot coverage can be and have been minimized
through site design considerations or use of best management practices
approved by the County to improve water quality; and
[5]
The property owner performs on-site mitigation as required by
the County to offset potential adverse water quality impacts from
the new development activities that contribute to lot coverage, or
the property owner pays a fee to the County in lieu of performing
the on-site mitigation.
[6]
All fees collected by the County under Subsection C(10)(e)[5], above, of this section must be used to fund projects that improve water quality within the Critical Area consistent with the County's Critical Area Protection Program.
[7]
Table 68-7C(10)(e)
| |
---|---|
Lot Coverage Limits
| |
Lot/Parcel Size
(square feet)
|
Lot Coverage Limit
|
0 - 8,000
|
25% of parcel + 500 square feet
|
8,001 - 21,780
|
31.25% of parcel
|
21,781 - 36,300
|
5,445 square feet
|
36,301 - 43,560
|
15% of parcel
|
(f)
If the Planning Director or his designee makes the findings set forth in Subsection C(10)(e) above and authorizes an applicant to use the lot coverage limits set forth in that paragraph, the applicant shall:
[1]
Demonstrate that water quality impacts associated with runoff
from the development activities that contribute to lot coverage have
been minimized through site design considerations or the use of best
management practices to improve water quality; and
[2]
Provide on-site mitigation in the form of plantings to offset
potential adverse water quality impacts from the development activities
resulting in new lot coverage. The plantings shall be equal to two
times the area of the development activity.
[3]
If the applicant cannot provide appropriate stormwater treatment
and plantings due to site constraints, then the County may require
the property owner to pay a fee to the County in lieu of performing
the on-site mitigation. The amount of the fee shall be $1 per square
foot of the required mitigation. The County shall use all fees collected
under this provision to fund projects that improve water quality within
the Critical Area, consistent with the County's Critical Area
Program and Zoning Ordinance.
(g)
A lot or parcel legally developed as of July 1, 2008, may be
considered legally nonconforming for the purposes of lot coverage
requirements. For the purpose of increasing lot coverage on these
parcels, the lot coverage limitations may not be construed to apply
to a development activity for which a building permit was issued before
July 1, 2008, and construction was initiated and an inspection was
performed before July 1, 2009.
[Amended 3-5-2019 by Bill No.
2019-1[1]]
[1]
Editor's Note: This bill also repealed former Subsection
C(10)(h) and (i), regarding a fee-in-lieu and legally nonconforming
parcels, respectively, which immediately followed this subsection.
(11)
Lot coverage exchange.
[Added 3-5-2019 by Bill No. 2019-1[2]]
(a)
A lot coverage exchange may be conducted on a lot that exceeds the lot coverage limits of § 68-7C(10)(e). A property owner may remove existing lot coverage in exchange for new lot coverage under the following circumstances:
[1]
The existing lot coverage on site shall be legally grandfathered
or permitted by the Planning and Zoning Office;
[2]
No more than 500 square feet of lot coverage will be exchanged;
[3]
There will be no net increase in lot coverage on site;
[4]
The removal of lot coverage outside of the buffer will not be
used to accommodate new lot coverage in the buffer;
[5]
In no case shall redevelopment increase any nonconformity on
site;
[6]
Mitigation is required at a ratio of 1:1 for the square footage
of exchanged lot coverage.
(b)
In the instance where a lot exceeds its lot coverage limit,
a property owner may remove existing lot coverage in the buffer in
exchange for new lot coverage in the buffer under the following circumstances:
[2]
The existing lot coverage on site shall be legally grandfathered
or permitted by the Planning and Zoning Office;
[3]
No more than 500 square feet of existing lot coverage in the
buffer or expanded buffer shall be exchanged for new lot coverage
in the buffer or expanded buffer;
[4]
Lot coverage in the expanded buffer may not be exchanged for
new lot coverage in the 100-foot buffer.
[5]
There will be no net increase of lot coverage on site;
[6]
There will be no net increase of lot coverage within the buffer
or expanded buffer;
(c)
A fee-in-lieu shall be provided to the County if the area of
the site precludes the implementation of on-site mitigation. The amount
of the fee shall be determined by the Director or his designated representative.
All moneys collected will be retained in the Critical Area Forest
Replacement Fund.
[2]
Editor's Note: This bill also redesignated former Subsection
C(11) through (13) as Subsection C(12) through (14).
(12)
Lot coverage on a parcel is limited in accordance with the following
maximums:
[Reference: COMAR 27.01.02.04.]
(13)
Dorchester County shall allow for modifications in road standards
to reduce potential impact to the site and Critical Area resources,
where the reduced standards do not significantly affect safety.
(14)
Development may be allowed on soils having development constraints
if it includes mitigation measures that adequately address the identified
constraints and that will not have significant adverse impacts on
water quality or plant, fish, or wildlife habitat.
D.
Complementary state laws and regulations. In applying this Critical
Area Program, the County refers to all of the following complementary
existing state laws and regulations:
(1)
For soil erosion and sediment control (COMAR 26.17.01):
(a)
In order to prevent soil erosion and sedimentation, a Soil Erosion
and Sedimentation Control Plan shall be required whenever a development
within the Critical Area will involve any clearing, grading, transporting,
or other form of disturbance to land by the movement of earth. This
plan shall be consistent with the requirements of the Natural Resources
Article and Environment Article of the Annotated Code of Maryland
and local ordinances. Sediment control practices shall be appropriately
designed to reduce adverse water quality impacts.
(2)
For stormwater runoff (COMAR 26.17.02):
(a)
The County requires limitations on stormwater runoff are consistent
with the requirements contained in COMAR 26.17.02.
(b)
The County requires that applicants for development ensure that
all stormwater storage facilities shall be designed with sufficient
capacity to achieve water quality goals of this section and to eliminate
all runoff caused by the development in excess of that which would
have come from the site if it were in its predevelopment state.
(c)
Stormwater management measures shall be consistent with the
requirements of Environment Article 4-201 et seq., Annotated Code
of Maryland.
(d)
Development activities on individual lots within subdivisions
recorded prior to adoption of the provisions in COMAR 26.17.02 shall
provide stormwater quantity and quality management unless:
[Reference: COMAR 27.01.02.05.]
A.
Description. Resource conservation areas are those areas characterized
by nature-dominated environments (that is wetlands, forests, abandoned
fields) and resource-utilization activities (that is agriculture,
forestry, fisheries activities or aquaculture). At the time of the
initial mapping, these areas shall have had at least one of the following
features:
B.
General policies. The County's Critical Area Ordinance hereby
incorporates the following policies for resource conservation areas.
New or expanded development or redevelopment in these areas shall
take place in such a way as to:
(1)
Conserve, protect and enhance the overall ecological values of the
Critical Area, its biological productivity and its diversity;
(2)
Provide adequate breeding, feeding and wintering habitats for those
wildlife populations that require the Chesapeake Bay, the Atlantic
Coastal Bays, their tributaries or coastal habitats in order to sustain
populations of those species;
(3)
Conserve the land and water resource base that is necessary to maintain
and support land uses such as agriculture, forestry, fisheries activities
and aquaculture; and
(4)
Conserve the existing developed woodlands and forests for the water
quality benefits that they provide.
C.
Development standards. In implementing this Critical Area Ordinance,
the County shall use all of the following requirements for resource
conservation areas:
(1)
Additional low-intensity residential development is allowed in resource
conservation areas, subject to the land use and other regulations
applicable to the underlying zoning district. Residential uses shall
not exceed an overall density of one dwelling unit per 20 acres.
(2)
In calculating the allowable residential development density for
a parcel within a resource conservation area, the area of any private
tidal wetlands located on the property may be included. However, the
area of private tidal wetlands must be estimated on the basis of vegetative
information as designated on the state wetland maps, and the development
density on the upland portion of the parcel may not exceed one dwelling
unit per eight acres.
(3)
Commercial, institutional, industrial, and agricultural facilities
in the resource conservation area shall be as follows:
(a)
Existing industrial, institutional, commercial and agricultural facilities, including those directly supporting agriculture, forestry, aquaculture, or residential development [not exceeding the density specified in § 68-8C(1) above shall be allowed to continue in RCAs.
(b)
Except as provided by § 68-12, additional land in the RCA may not be zoned for industrial, institutional, or commercial development.
(c)
New commercial, industrial or institutional uses in existing
structures may be allowed where the underlying zoning classification
permits, provided:
[1]
The existing structure or structures housed a commercial, industrial
or institutional use and such commercial, industrial or institutional
use has not been abandoned for more than one year; and
[2]
The proposed new use does not constitute an intensification
or expansion of the preexisting commercial, industrial or institutional
use.
(d)
Intensification or expansion of existing industrial, commercial, and institutional facilities and uses may be permitted in the RCA by the Planning Commission. A variance, in accordance with § 68-16 must be granted if such expansion or intensification involves a use which the Planning Commission determines does not conform with the provisions of the Dorchester County Critical Area Program and the Critical Area Overlay Zone.
(e)
Nonresidential uses permitted without growth allocation. The
following nonresidential uses may be permitted in resource conservation
areas without obtaining growth allocation:
[2]
An accessory or supportive use clearly incidental to an existing
industrial and commercial facility, including those that directly
support agriculture, forestry, aquaculture, or residential development,
and which is located wholly within an existing structure or structures.
Any expansion of existing structures may only be approved with future
growth allocation.
[3]
A use that will be completely housed in an existing building
or buildings expressly designed for the proposed use and use of the
building or buildings has not been abandoned for more than one year.
(f)
Local government projects may be permitted in resource conservation
areas without obtaining growth allocation if certified by the County
Council as being a project of local significance. A project of local
significance is defined as a public project of minor scale which causes
environmental or economic consequences that are largely confined to
the immediate area of the parcel of land on which the development
is located, does not substantially affect the Dorchester County Critical
Area Program, and is not considered a major development by the Critical
Area Commission.
(g)
Except as may be provided in Subsection C(3)(e) and (f) above, any additional structures, facilities, or uses not directly related to and a part of an existing industrial, commercial, or institutional use in terms of location, nature, and legal incorporation shall be considered new uses and must be located outside of the RCA except as may be provided by § 68-11.
(4)
Forests and developed woodlands which are cleared after the adoption
of this section are to be replaced on not less than an equal basis.
The formula for replacement of these forests is as follows:
(a)
If less than 20% of the forested land on the parcel is cleared,
the forest shall be replaced on an equal basis.
(b)
If between 20% and 30% of the forested land on the parcel is
cleared, the afforested area shall consist of 1 1/2 times the
total surface acreage of the disturbed forest.
(c)
Clearing of forested land may not exceed 30% without a variance.
(5)
Where sufficient land area does not exist on the site for afforestation,
an applicant may make arrangements with other landowners or the County
to reforest their lands within the Critical Area.
(6)
There is hereby created a Forest Replacement Fund which shall be
used to collect and disburse moneys for the sole purpose of afforestation
and reforestation in the Critical Area. The fund shall be administered
by the Dorchester County Planning and Zoning Office.
(a)
Any developer unable to reforest to meet the standards established
above shall pay into the Forest Replacement Fund a dollar amount equal
to the total cost of replacing the forest land to be cleared, including
appropriate penalties.
(b)
The fee shall be calculated on a per-acre basis, and shall be
determined annually by the Dorchester County Planning and Zoning Office.
All fees shall be made payable to the County Treasurer.
(7)
Except as provided for otherwise, all clearing of forests and developed
woodlands must take place outside of the tidewater buffer.
(9)
If no forest or developed woodlands exist on proposed development
sites, these sites shall be planted to provide a forest or developed
woodland cover of at least 15%.
D.
Development policies.
(1)
Land use management practices shall be consistent with the policies
and criteria for the habitat protection area section, the agricultural
section, and the forest and woodlands protection section of this chapter.[2]
(2)
Agricultural and conservation easements shall be promoted in resource
conservation areas.
(3)
Land within the resource conservation area may be developed for residential
uses at a density not to exceed one dwelling unit per 20 acres. Within
this limit of overall density, minimum lot sizes may be determined
by the County. Such mechanisms as cluster development, transfer of
development rights, maximum lot size provisions and/or additional
means to maintain the land area necessary to support the protective
uses will be encouraged by the County and implemented as necessary.
(4)
Existing industrial and commercial facilities, including those that
directly support agriculture, forestry, aquaculture or residential
development not exceeding the density specified above, shall be allowed
in resource conservation areas.
(5)
If any existing use does not conform to the provisions of the resource conservation area, its intensification or expansion may be permitted only in accordance with the variance provisions outlined in § 68-16.
(6)
New commercial, industrial, and institutional uses shall not be permitted in resource conservation areas, except as provided for in the County's growth allocation provisions or as listed in Subsection F below. Additional land may not be zoned or used for industrial, commercial, or institutional development, except as provided by the County's growth allocation provisions.
(7)
Development activity within the resource conservation areas shall
be consistent with the requirements for limited development areas
as specified in this chapter.
(8)
This section applies to an application for subdivision or site plan
approval within the resource conservation area that:
[Reference: Natural Resources Article 8-1808.10.]
(10)
All provisions under COMAR 27.01.09.01 that are applicable to development
activities within the 100-foot buffer, including the establishment
of vegetation and expansion requirements, shall apply to the 200-foot
buffer.
(11)
The 200-foot buffer may be reduced if:
(a)
The strict application of the minimum 200-foot buffer would
preclude:
[1]
Subdivision of the property at a density of one dwelling unit
per 20 acres, and all other state and local requirements will be satisfied;
or
(b)
The reduction will occur in accordance with local program procedures
approved by the Commission.
E.
Calculation of 1-in-2-acre density of development. [Reference: Natural
Resources Article 8-1808.1(e).]
In calculating the 1-in-20-acre density of development that
is permitted on a parcel located within the resource conservation
area, the County:
(1)
Shall count each dwelling unit; including dwelling units existing
at the time of subdivision.
(2)
May permit the area of any private wetlands located on the property
to be included under the following conditions:
(a)
The density of development on the upland portion of the parcel
may not exceed one dwelling unit per eight acres; and
(b)
The area of private wetlands shall be estimated on the basis
of vegetative information as designated on the state wetlands maps
or by private survey approved by the County, subject to review and
acceptance by the Critical Area Commission, and the State Department
of the Environment.
(3)
May consider one additional dwelling unit per lot or parcel as part
of a primary dwelling unit for the purpose of the density calculation
under this subsection in accordance with the following provisions:
(a)
It is located within the primary dwelling unit or its entire
perimeter is within 100 feet of the primary dwelling unit; does not
exceed 900 square feet in total enclosed area; and is served by the
same sewage disposal system as the primary dwelling unit; or
(b)
It is located within the primary dwelling unit; by its construction,
does not increase the amount of lot coverage already attributed to
the primary dwelling unit; and is served by the same sewage disposal
system as the primary dwelling unit;
(c)
An additional dwelling unit meeting all of the provisions of
this subsection may not be subdivided or conveyed separately from
the primary dwelling unit; and
F.
Land use in the RCA. In addition to the uses specified above, certain
nonresidential uses may be permitted in resource conservation areas
if it is determined by the Director or designee that the proposed
use is one of the following:
(1)
A home occupation as an accessory use on a residential property and
as provided for in the County's Zoning Ordinance; and any lot
coverage associated with the home occupation shall be limited to 20,000
square feet or 15% of the parcel, whichever is less;
(2)
A golf course developed in accordance with the official guidance adopted by the Critical Area Commission on August 3, 2005, excluding main buildings and/or structures such as the clubhouse, pro shop, parking lot, etc.; and as restricted in the Table of Permitted Uses by Zoning District in § 155-34B(1);[4]
(3)
A cemetery that is an accessory use to an existing church; provided
lot coverage is limited to 15% of the site or 20,000 square feet,
whichever is less;
(4)
A bed-and-breakfast facility located in an existing residential structure
and where meals are prepared only for guests staying at the facility;
(5)
A gun club or skeet shooting range or similar use, excluding main buildings and/or structures, such as a clubhouse, snack bar, etc.; and as restricted in the Table of Permitted Uses by Zoning District in § 155-34B(1);[5]
(6)
A day-care facility in a dwelling where the operators live on the
premises and there are no more than eight children;
(7)
A group home or assisted-living facility with no more than eight
residents;
(8)
An essential service, provided the service meets a public need and
is not solely for the purposes of a commercial enterprise. A privately
owned wastewater treatment plant may not be located in the RCA for
the purposes of serving development outside the RCA;
(9)
Other uses determined by the County and approved by the Critical
Area Commission to be similar to those listed above.
G.
Special provisions in resource conservation areas (RCA). Existing industrial, institutional and commercial facilities, including those directly supporting agriculture, forestry, aquaculture, or residential development shall be allowed in RCAs. If any existing grandfathered use does not conform to the RCA, its intensification or expansion may be permitted only in accordance with the variance procedures in § 68-16.
H.
Conveyance of parcels participating in the agricultural easement
program. Nothing in this regulation shall limit the ability of a participant
in the agricultural easement program to convey real property impressed
with such an easement to family members, provided that no such conveyance
will result in a density greater than one dwelling unit per 20 acres.
It is the intent of this section to provide, as authorized by
the Natural Resources Article of the Annotated Code of Maryland, § 8-1801
et seq., necessary development controls for a designated Critical
Area so as to protect water quality and natural habitat associated
with the Chesapeake Bay.
A.
Greater restrictions to prevail; other applicable provisions.
B.
General provisions.
(1)
No provision of this chapter shall preclude the subdivision of land
which is developed as of the adoption date of this chapter. However,
no further development shall be permitted on the parcel if:
(2)
Landowners within the Critical Area may exchange land between adjoining
properties, provided that:
(3)
For all proposed development activities in the Critical Area, the
developer shall identify on the preliminary plat significant natural
or environmental features protected under the Critical Area Law. The
following site features shall be shown if they exist:
(a)
Critical Area boundaries.
(b)
Development area designations.
(c)
Tidal wetlands.
(d)
Forested lands, including developed woodlands.
(e)
Agricultural lands.
(f)
Soils with development constraints, including hydric soils.
(g)
Fish and wildlife habitat areas.
(h)
Other features as required by the County Planning Director or
Planning Commission.
(4)
When planning development on forested lands, the developer shall
consider the recommendations of the Maryland Forest Service, Maryland
Park Service and the Department of Natural Resources Wildlife and
Heritage Service prior to tree cutting or clearing operations. A grading
permit is required before forest or developed woodland is cleared,
as detailed in the Dorchester County Erosion and Sediment Control
Ordinance.[2]
(5)
New or expanded community pier and other noncommercial boat docking
and storage facilities are permitted in the tidewater buffer if:
(a)
The facility:
[1]
Is water-dependent.
[2]
Meets a recognized private right or public need.
[3]
Is community owned and established and operated for the benefit
of the residents of a platted and recorded riparian subdivision.
[4]
Is associated with a residential development approved by the
local jurisdiction for the Critical Area and is consistent with all
criteria and local regulations for the Critical Area.
(b)
Adverse effects on water quality and fish, plant and wildlife
habitat are minimized.
(c)
Insofar as possible, non-water-dependent structures or operations
associated with water-dependent projects or activities are located
outside the buffer.
(d)
Disturbance to the buffer is the minimum necessary to provide
a single point of access to the facility.
(e)
Food, fuel or other goods and services are not offered for sale
and adequate and clean sanitary facilities are provided.
(f)
When a community pier with slips is provided as part of a new
development project, private piers are not permitted in the development
area.
(6)
The number of slips permitted at a marina facility shall be the lesser
of the following:
(a)
One slip for each 50 feet of shoreline in the subdivision within
intensely developed areas and limited development areas, and one slip
for each 300 feet of shoreline in the subdivision within resource
conservation areas; or
(b)
A density of slips to platted lots or dwellings within a subdivision
in the Critical Area according to the following schedule:
Table 68.9B(6)
| |
---|---|
Number of Slips Permitted
| |
Platted Lots or Dwellings in Critical Area
|
Slips
|
Up to 15
|
1 for each lot
|
16 to 40
|
15 or 75%, whichever is greater
|
41 to 100
|
30 or 50%, whichever is greater
|
101 to 300
|
50 or 25%, whichever is greater
|
Over 300
|
75 or 15%, whichever is greater
|
(7)
Land subdivision in the resource conservation area. If the proposed
lot or lots to be subdivided within the resource conservation area
contain less than 20 acres each, then the applicant must reserve sufficient
land to ensure that a minimum of 20 acres, located in the resource
conservation area, is reserved from further development for each lot
created. Reserved lands are not included in the area of the lots created
in the subdivision but are assigned a reservation status by the developer
in order to ensure that there is a minimum of 20 acres in the RCA
set aside from development for each lot created in the RCA. Reserved
lands are restricted from further development; however, reserved lands
may be utilized for agricultural, aquacultural, forestry and resource
conservation purposes, including erection of buildings and structures
related to these uses, provided that such uses, buildings or structures
comply with all other applicable requirements of the Dorchester Zoning
Ordinance and this chapter. The location and ownership of reserved
land may be changed from time to time, provided that they continue
to serve the purpose and meet the requirements of this section. All
reserved land shall be:
(a)
Located completely within the resource conservation area.
(b)
Included with the subdivision plat in sufficient detail for
the County to ascertain the actual location and area of the reserved
land.
(c)
Be marked with the following notation:
"Areas within the resource conservation area shown as reserved
lands on this plat may not be further subdivided, built upon or in
any way developed subject to the right of the grantors to petition
the Planning Commission for reduction of the land hereby reserved,
in the event that further changes in the law reduce acreage necessary
to be reserved."
(8)
Applicants for subdivision in the resource conservation area shall
provide the County with the following information:
(a)
Total acres in the resource conservation area in the original
parcel of record on or before December 1, 1985, from which the parcel
proposed for subdivision was or will be subdivided, if applicable.
(Note: this may require tracking the parcel back through more than
one subdivision.)
(b)
Description and status of the balance of the resource conservation
area portion of the original parcel since December 1, 1985. (Note:
Besides the parcel for which subdivision is requested, the applicant
shall determine how many other parcels in the RCA there are and if
any of these parcels from the original tract has been subsequently
subdivided.)
(c)
Based on this information, the County will determine:
[1]
The total permitted density for the resource conservation area
portion of the parcel of record as of December 1, 1985.
[2]
Density remaining for the resource conservation area portion
in light of subdivision activity involving the parcel of record as
of December 1, 1985.
[3]
Assign appropriate density to the resource conservation area
portion of the parcel for which subdivision (or a building permit)
is being requested, if any remains.
(9)
Afforestation:
(a)
If no forest is established on the portion of a parcel being
subdivided, planting shall be provided to create a forest or developed
woodland cover of 15% of the portion of the parcel being subdivided.
(b)
In the case of large lot development, the Director may permit
the required afforestation calculation to be based on an established
building envelope for each affected lot.
[Reference: COMAR 27.01.05]
A.
General policies. The following policies for forest and woodland
protection recognize the value of forested land for its water quality
benefits and for habitat protection while accommodating the utilization
of forest resources:
(1)
Maintain and increase the forested vegetation in the Critical Area;
(2)
Conserve forests and developed woodlands and provide for expansion
of forested areas;
(3)
Provide that the removal of trees associated with development activities
shall be minimized and, where appropriate, shall be mitigated; and
(4)
Recognize that forests are a protective land use and should be managed
in such a manner so that maximum values for wildlife, water quality,
timber, recreation, and other resources can be maintained, even when
they are mutually exclusive.
B.
Identification. The County has identified and mapped forests and
developed woodlands within the Critical Area and has identified and
mapped habitat protection areas as described. More detailed evaluation
of forest resources on specific sites shall be accomplished as part
of the environmental analysis required prior to site plan and subdivision
approval.
C.
Policies for the protection of riparian and forest habitat. The County
adopts the following policies for the protection of riparian habitat:
(1)
Where forests or developed woodlands occur within the County, the
County shall develop a Forest Preservation Plan as part of the Critical
Area Program. These plans will be developed in cooperation with the
forestry programs and the Fish, Heritage and Wildlife Administration
of the Department of Natural Resources and other appropriate agencies.
(2)
Each Forest Preservation Plan shall consist of the following:
(a)
Identification and mapping, or otherwise designating, forests
and developed woodlands-occurring within the Critical Area;
(b)
Identification of those forest areas and developed woodlands
which include habitat protection areas in COMAR 27.01.09; and which
also may include forest areas that are periodically flooded within
the state wetlands boundary; and
(c)
Programs to provide incentives for the conversion of other land
uses to forested conditions.
(3)
Where forests or developed woodlands occur within the Critical Area,
policies and programs for tree cultural operations in the Critical
Area shall include all of the following:
(a)
A Forest Management Plan shall be required for all timber harvesting
occurring within any one-year interval and affecting one or more acres
in forests and developed woodlands in the Critical Area. The plans
shall be prepared by a registered professional forester and be reviewed
and approved by the forestry programs and the Fish, Heritage and Wildlife
Administration of the Department of Natural Resources through the
District Forestry Boards and the Project Forester, and filed with
an appropriate designated agency in the County. Plans shall include
measures to protect surface and ground water quality and identify
whether the activities will disturb or affect habitat protection areas
as identified in COMAR 27.01.09, and incorporate protection measures
for these areas as specified by the County. To provide for the continuity
of habitat, the plans shall address mitigation through forest management
techniques which include scheduling size, timing and intensity of
harvest cuts, afforestation, and reforestation.
(b)
A sediment control plan shall be required for all harvests of
5,000 square feet or more of disturbed area in the Critical Area,
including harvesting on agricultural lands, this plan shall be developed
according to the state guidelines entitled: "Standard Erosion and
Sediment Control Plan for Forest Harvest Operations." The operations
shall be implemented in accordance with specifications set out by
the forestry programs and the Fish, Heritage and Wildlife Administration
of the Department of Natural Resources, and enforced by the Department
of Natural Resources.
(c)
The cutting or clearing of trees within the 100-foot buffer,
as described in COMAR 27.01.09, shall be in accordance with that chapter.
[Reference: Existing County procedures.]
A.
Afforestation.
(1)
If no forest is established on the portion of a parcel being subdivided,
planting shall be provided to create a forest or developed woodland
cover of at least 15% of the portion of the parcel being subdivided.
(2)
In the case of grandfathered large-lot development, the Director
may permit the required afforestation calculation to be based on an
established building envelope not less than one acre for each affected
lot.
(3)
All forests designated on development plans shall be maintained to
the extent practicable, through conservation easements, restrictive
covenants, or other protective instruments;
(4)
The developer shall designate, subject to the approval of the local
jurisdiction, a new forest area on a part of the site not forested;
and
(5)
The afforested area shall be maintained as forest cover through easements,
restrictive covenants, or other protective instruments.
B.
Subdivision afforestation review fees. Fees to cover the costs of
considering, examining and checking the several plats and plans required
herein and of recording the final plat shall be collected at the time
of filing a preliminary plat, in accordance with a fee schedule of
charges, adopted by resolution of the Dorchester County Council.
C.
Site plan planting plan requirements. Landscaping and planting.
(1)
Applicability. This section does not apply to the planting of vegetated
buffers, forests or landscaping done pursuant to the Dorchester County
Forest Conservation Program.
(2)
Required landscaping. When landscaping or the planting of a vegetated
buffer is required as a condition of this chapter, or as a condition
of approval by the Board of Appeals or Planning Commission, the planting
or landscaping must either be:
D.
Site plan schedule of fees and charges. The County Council shall
establish a schedule of fees, charges and expenses and a collection
procedure for applications for special exceptions, variances, amendments,
appeals, permits and other matters pertaining to this chapter. Such
schedule shall be posted in the office of the Director of Planning
and may be altered or amended, from time to time, without a public
hearing, only by the County Council upon the recommendations of the
Planning Commission. Until all applicable fees, charges and expenses
have been paid in full, no action shall be taken on any application
or appeal pertaining to this chapter.
[Reference: Natural Resources Article 8-1808.1 and COMAR 27.01.02.06.]
A.
Description. Growth allocation means the number of acres of land
in the Critical Area that a local jurisdiction may use to create new
intensely developed areas and new limited development areas. The growth
allocation acreage available to the County was calculated based on
5% of the total resource conservation area in the County at the time
of the original approval of the County's program by the Critical
Area Commission, not including tidal wetlands or land owned by the
federal government.
B.
Growth allocation acreage. At the time of Critical Area Program adoption
there were 58,000 acres classified as RCA. The County's original
growth allocation acreage was 2,900 acres. To date, 1,416 acres have
been awarded or used; remaining growth allocation for use by the County
is 1,486 acres.
C.
Standards. When locating new intensely developed or limited development
areas, the following standards shall apply:
(1)
Locate a new intensely developed area in a limited development area
or adjacent to an existing intensely developed area;
(2)
Locate a new limited development area adjacent to an existing limited
development area or an intensely developed area;
(3)
New intensely developed areas shall be at least 20 acres in size
unless:
(a)
They are contiguous to an existing IDA or located in an LDA;
or
(b)
They are a grandfathered commercial or industrial use which
existed as of August 23, 1988. The amount of growth allocation deducted
shall be equivalent to the area of the entire parcel or parcels subject
to the growth allocation request.
(4)
No more than 1/2 of the County's growth allocation may be located in resource conservation areas except as provided in Subsection C(9) below;
(5)
Locate a new limited development area or intensely developed area
in a manner that minimizes impacts to habitat protection area as defined
in COMAR 27.01.09 and in an area and manner that optimizes benefits
to water quality;
(6)
Locate new intensely developed areas where they minimize their impacts
to the defined land uses of the resource conservation area;
(7)
Locate a new intensely developed area or a limited development area
in a resource conservation area at least 300 feet beyond the landward
edge of tidal wetlands or tidal waters;
(8)
New intensely developed or limited development areas to be located
in resource conservation areas shall conform to all criteria of the
County for such areas, shall be so designated on the County Critical
Area Maps and shall constitute an amendment to this program subject
to review and approval by the County Planning Commission, the County
Council and the Critical Area Commission.
(9)
If the County is unable to utilize a portion of its growth allocation as set out in Subsection C(1) and (2) above within or adjacent to existing intensely developed or limited development areas, then that portion of the allocated expansion which cannot be so located may be located in the resource conservation areas in addition to the expansion allowed in Subsection C(4) above. An applicant shall be required to cluster any development in an area of expansion authorized under this paragraph.
(10)
A growth allocation application for a residential subdivision
shall comply with the requirements of Environment Article § 9-206
of the Annotated Code of Maryland, and Land Use Article, Title 1,
Subtitle 5, and § 5-104 of the Annotated Code of Maryland.
D.
Additional factors. In reviewing map amendments or refinements involving
the use of growth allocation, the Critical Area Commission shall consider
the following factors:
(1)
Consistency with the County's adopted Comprehensive Plan and
whether the growth allocation would implement the goals and objectives
of the adopted plan. "Consistency with" means that a standard or factor
will further, and not be contrary to, the following items in the Comprehensive
Plan:
(2)
For a map amendment or refinement involving a new limited development
area, whether the development is:
(4)
The use of existing public infrastructure, where practical;
(5)
Consistency with state and regional environmental protection policies
concerning the protection of threatened and endangered species and
species in need of conservation that may be located on or off site;
(6)
Impacts on a priority preservation area, as defined under Agriculture
Article, § 2-518, Annotated Code of Maryland;
(7)
Environmental impacts associated with wastewater and stormwater management
practices and wastewater and stormwater discharges to tidal waters,
tidal wetlands, and tributary streams; and
(8)
Environmental impacts associated with location in a coastal hazard
area or an increased risk of severe flooding attributable to the proposed
development.
E.
Application of standards and additional factors. When the County
submits a request for the Critical Area Commission to review and approve
the use of growth allocation, the request shall state how the County
has applied the preceding standards and shall provide information
as necessary for the Critical Area Commission to consider the additional
factors set forth above. The Critical Area Commission shall ensure
that standards set forth in this section have been applied in a manner
that is consistent with the purposes, policies, goals, and provisions
of the Critical Area Law and all criteria of the Critical Area Commission.
F.
Deduction methodology.
(1)
Definitions. As used in this Subsection F, the following terms shall have the meanings indicated:
- DEDUCTION
- The total number of growth allocation acres that are necessary for approval of a growth allocation project and, after approval by the Critical Area Commission, are subtracted from the growth allocation reserves of Dorchester County.
- GROWTH ALLOCATION ENVELOPE
- All of the proposed components of a growth allocation project that are necessary to serve the proposed development, including an individually owned lot, lot coverage, a road, a utility, a stormwater management measure, an on-site sewage disposal measure, an active recreation area, and additional acreage needed to meet the development requirements of the Critical Area criteria.
(2)
The following standards shall be used to determine the area of growth
allocation to be deducted when the designation of a parcel or a portion
of a parcel is changed through the growth allocation process:
(a)
Subdivision of any parcel of land that was recorded as of December 1, 1985, and classified as RCA where all or part of the parcel is identified by the County as a growth allocation area, shall result in the acreage of the entire parcel, not in tidal wetlands, being deducted from Dorchester County's growth allocation, unless the development envelope concept outline in Subsection F(2)(b), below, is used.
(b)
In order to allow some flexibility in the use of growth allocation
when development is only proposed on a portion of the property, the
following methodology may be used. On a parcel proposed for the use
of growth allocation, a single growth allocation envelope may be specified,
and the acreage of the growth allocation envelope rather than the
acreage of the entire parcel shall be deducted from the County's
growth allocation if the growth allocation envelope meets the following
criteria:
[2]
A minimum of 20 acres must remain outside of the growth allocation
envelope or the acreage of the entire parcel must be deducted. The
minimum twenty-acre residue outside of the growth allocation envelope
may be developed at an RCA density unless some type of permanent protection
exists that restricts development.
[3]
If the original parcel in the RCA is less than 20 acres, the
acreage of the entire parcel must be deducted unless there is an adjacent,
contiguous, permanently protected RCA on another parcel, resulting
in a minimum twenty-acre total. Provided that the permanent protections
are in place on the minimum 20 acres, the growth allocation envelope
may be used.
G.
Process. Applicants for growth allocation shall submit a request
for growth allocation accompanied by appropriate plans and environmental
reports in accordance with the following process:
(1)
All applications for growth allocation shall be submitted to DP&Z.
Requests shall be accompanied by a concept plan and appropriate environmental
reports and studies so as to provide sufficient information to permit
the Planning Commission to review the application for consistency
with the County's Critical Area regulations. The subdivision
history of parcels designated as RCA must be provided as part of the
growth allocation application. The date of December 1, 1985, is the
date used for the original Critical Area mapping and shall be used
as a beginning point of analysis.
(2)
All applications for growth allocation shall be forwarded to the
Planning Commission for review and shall include comments and recommendations
from the staff. The Planning Commission shall hold a public hearing
on the growth allocation request prior to making a recommendation
on the proposal to the County Council.
(3)
The applicant shall address the Planning Commission's comments
and recommendations and may revise the concept plan accordingly. The
growth allocation request shall then be forwarded to the County Council
with a recommendation for approval or denial from the Planning Commission.
(4)
The County Council shall hold a public hearing on the request for
growth allocation and any revisions to the concept plan.
(5)
The County Council may establish conditions of approval that are
consistent with the intent of the County's Critical Area Program.
(6)
Upon approval of the growth allocation request by the County Council,
the County shall send a request to the Critical Area Commission to
utilize a portion of their growth allocation. The request shall be
accompanied by pertinent plans and environmental reports and studies.
Upon receipt of the request from the County, the Critical Area Commission
shall notify the County regarding the processing of the request as
an amendment or refinement to the County's Program. Refinements
shall be acted on within 130 days of the Critical Area Commission's
notification to the County of a complete submission. Amendments will
be acted on within 130 days of the Critical Area Commission's
notification of a complete submission.
(7)
Following approval of the growth allocation request by the Critical
Area Commission, the County Council shall incorporate it into the
Critical Area Ordinance within 120 days of Commission approval, and
the applicant may proceed to the preparation of the final site plan
or subdivision plat for recording in the County land records.
(8)
Prior to approving the final site plan or subdivision plat, the Planning
Commission or its designee shall ensure that all conditions of approval,
including those from the Critical Area Commission, are incorporated
into the final plan, public works agreement, deed covenants, etc.
(10)
The County's official Critical Area maps shall be amended
to reflect the new land classification, and a copy of the new map
shall be provided to the Critical Area Commission. Dorchester County
shall require deduction of the number of growth allocation acres that
are shown on the locally approved map.
(11)
As a condition of approval, the County may require that all
projects approved for the use of growth allocation shall demonstrate
that they are substantially completed within three years of the date
of growth allocation approval by the Critical Area Commission. Substantially
completed shall be determined by the Planning Commission and is defined
as projects in which all public improvements, such as roads, sewer
and/or water facilities, etc., have been built as required by the
County.
H.
General submittal requirements. [Reference: COMAR 27.01.02.06-1.]
Applications for growth allocation shall include the following
information:
(1)
All information and documentation relevant to the local jurisdiction's
determination that the project meets the standards listed under Natural
Resources Article, § 8-1808.1(c)(2), Annotated Code of Maryland;
(2)
All information and documentation that addresses the factors to be
considered by the Critical Area Commission under Natural Resources
Article, § 8-1808.1(c)(4), Annotated Code of Maryland;
(3)
A conceptual site development plan;
(4)
An environmental features map;
(5)
An environmental report that demonstrates that the project has been
designed and will be constructed in compliance with all requirements
of the proposed Critical Area land classification;
(6)
For the following resources, as appropriate for the project site
and each government agency, a preliminary review and comment from
the Department of the Environment, Department of Natural Resources,
Maryland Historical Trust, and United States Army Corps of Engineers
regarding:
(a)
Rare, threatened, and endangered species;
(b)
Forest interior dwelling birds and colonial water birds;
(c)
Anadromous fish and their propagation waters and any other aquatic
species located onsite;
(d)
Plant and wildlife habitat and historic waterfowl staging and
concentration areas;
(e)
Submerged aquatic vegetation;
(f)
Riparian forests and tidal and nontidal wetlands; and
(g)
Natural heritage areas and other historical and cultural resources;
(7)
A map that shows the land area for which the local jurisdiction proposes
a change of Critical Area land classification; and
(8)
Verification that the amount of proposed growth allocation indicated
on the map submitted under Subsection A(7) of this regulation is accurate
and equal to the amount of growth allocation to be deducted from the
local jurisdiction's existing total allotment of growth allocation.
I.
Site plan and environmental features map requirements. The conceptual site development plan and environmental features map required under Subsection H(3) and (4) of this regulation shall each include:
(1)
The name of the project and its street address;
(2)
Tax map information that includes, as applicable, the Tax Map number,
the block number, the parcel number, and lot number;
(3)
A site plan with a scale provided at one inch equals 10 feet; one
inch equals 20 feet; one inch equals 30 feet; one inch equals 40 feet;
one inch equals 50 feet; one inch equals 60 feet; or one inch equals
100 feet;
(4)
Orientation;
(5)
A vicinity map with the project site clearly identified;
(6)
Existing parcel and tract boundaries or lot lines;
(7)
The project boundary;
(8)
The limits of disturbance;
(9)
Any proposed development envelope;
(10)
All Critical Area boundaries, including existing and proposed
land classifications and the land classification of all lots or parcels
adjacent to the project site;
(11)
The boundaries of the 100-year floodplain;
(12)
The field-run topography;
(13)
Vegetative cover information, by acre or square footage, including
field determination of existing forest and developed woodland cover;
location of proposed forest and developed woodland clearing; and,
as applicable, the location of proposed afforestation and reforestation
areas;
(14)
Soil features of the project and where each soil type is located;
(15)
Field determination of each intermittent stream and each perennial
stream;
(16)
A delineation of the minimum 100-foot buffer as measured from
the mean high-water line of tidal waters or the landward edge of a
tidal wetland or a tributary stream;
(17)
As applicable and in accordance with the requirements of COMAR
27.01.09.01 or the local program, a delineation of any expanded buffer
that is necessary because of a contiguous slope of 15% or greater
or the presence of hydric soil, highly erodible soil, or a nontidal
wetland;
(18)
When converting from a resource conservation area to a limited
development area or an intensely developed area, the location and
extent of the 300-foot minimum setback;
(19)
Unless the Critical Area Commission determines an otherwise
acceptable period of time, a field-delineated location and description
of the extent of a nontidal wetland, that is less than two years old,
including the twenty-five-foot buffer from that nontidal wetland;
(20)
Unless the Critical Area Commission determines an otherwise
acceptable period of time, a field-delineated location and description
of the extent of a tidal wetland, that is less than two years old,
including the delineation of state and private tidal wetland boundaries;
(21)
Identification and location of all wildlife habitat and plant
habitat, including a nesting site of colonial nesting water birds,
an historic waterfowl staging and concentration area, riparian habitat,
habitat of forest interior dwelling birds, an area of state or local
significance, and a natural heritage area;
(22)
Identification and location of habitat of threatened and endangered
species, including a species in need of conservation;
(23)
Identification and location of anadromous fish propagation waters;
(24)
Location of existing and proposed area of lot coverage, including
identification of a building, road, parking lot, and any other area
that contributes to lot coverage;
(25)
Location of any other proposed development feature, including
an outlet, storm drain and outfall, utility connection, septic system,
stormwater management system, shore erosion control measure, and pier;
(26)
Location of a path or walkway, including those exempt from lot
coverage requirements;
(27)
Location of an existing or proposed mitigation area that is
required because of an impact on forest, developed woodland, wetland,
buffer, or other habitat protection area; and
(28)
If applicable, the identification and location of agricultural
land, a surface mining site, natural park, dredging activity, and
dredge material disposal area, as well as the boundary and area of
an existing easement, the identity of the easement holder, and any
restriction on development as a result of the easement.
J.
Environmental report. [Reference: COMAR 27.01.02.05-2.]
The environmental report required under Subsection H(5) of these regulations shall include:
(1)
A project description;
(2)
The subdivision history since December 1, 1985;
(3)
A brief narrative that describes the type of project, the proposed
change of Critical Area land classification, and how the growth allocation
would support the County's overall planning goals, including
reference to the relevant sections of the County's adopted Comprehensive
Plan, Water and Sewer Plan, and adopted Zoning Ordinance;
(4)
Total acreage in the Critical Area and total acreage for which Critical
Area designation is proposed to be changed;
(5)
Total forest, developed woodland, and vegetated area proposed to
be cleared;
(6)
Method and description of proposed stormwater management, including
all qualitative and quantitative management measures;
(7)
In the intensely developed area, the preliminary plan for compliance
with the 10% pollutant reduction rule, including all worksheets and
all supporting documentation;
(8)
Measures proposed for soil erosion and sediment control, including
implementation strategy;
(9)
In the limited development area and resource conservation area, existing
and proposed lot coverage information, calculated by square feet,
of coverage for each lot and total area of lot coverage within the
limited development area and the total area of lot coverage within
the resource conservation area;
(10)
Mitigation required for clearing of forest area, developed woodland,
or vegetation in accordance with the requirements of this chapter;
(11)
If applicable, the proposed afforestation area;
(12)
Identification of the local zoning district and that district's
defining characteristics;
(14)
A habitat protection plan, consistent with § 68-29, if the proposed development will impact an identified habitat protection area. The developer shall ensure that full implementation of the habitat protection plan can be achieved on the project site and execute all necessary long-term protective agreements. The habitat protection plan shall:
(a)
Identify any habitat or species on the project site, as set
forth in this chapter;
(b)
Include recommendations that are based on consultation with
the Department of Natural Resources and any other appropriate federal
or state agency; and
(c)
Include all protective measures necessary and appropriate to
provide for long-term conservation of the identified habitat and species.
[Reference: Natural Resources Article 8-1808(c)(1)(iii)E and
COMAR 27.01.02.07.]
A.
Continuation of existing uses. The County shall permit the continuation, but not necessarily the intensification or expansion, of any use in existence on the date of program approval, unless the use has been abandoned for more than one year or is otherwise restricted by existing local ordinances. If any existing use does not conform with the provisions of this chapter, its intensification or expansion may be permitted only in accordance with the variance procedures outlined in § 68-16 of this chapter.
B.
Residential density. Except as otherwise provided, the following
types of land are permitted to be developed with a single-family dwelling,
if a dwelling is not already placed there, notwithstanding that such
development may be inconsistent with the density provisions of this
chapter.
(1)
A legal parcel of land, not being part of a recorded or approved
subdivision, that was recorded as of December 1, 1985;
(2)
Land that received a building permit for a primary dwelling subsequent
to December 1, 1985, but prior to August 23, 1988;
(3)
Land that was subdivided into recorded, legally buildable lots, where
the subdivision received final approval between June 1, 1984, and
December 1, 1985; and
(4)
Land that was subdivided into recorded, legally buildable lots, where
the subdivision received the final approval after December 1, 1985,
and provided that either development of any such land conforms to
the IDA, LDA or RCA requirements in this chapter or the area of the
land has been counted against the growth allocation permitted under
this chapter.
[Reference: COMAR 27.01.02.08.]
A.
Applicability. Except as provided under Subsection B of this section and notwithstanding the location of the affected lot or parcel in a modified buffer area, the provisions of this regulation shall apply to a consolidation or reconfiguration of any nonconforming legally grandfathered parcel or lot. These provisions do not apply to the reconfiguration or consolidation of parcels or lots which are conforming or meet all Critical Area requirements. Nonconforming parcels or lots include:
B.
Goals. Any consolidation or reconfiguration of any nonconforming legal parcel of land or recorded legally buildable will meet the goals of the County Critical Area Program set forth in § 68-2, Intent, purpose and goals, of this chapter, to the extent possible, and shall not increase or intensify development activities or human activities in the buffer or any other habitat protection area beyond what would have resulted from the existing lot configuration.
C.
Procedures. An application for the consolidation or reconfiguration
within the Critical Area of any nonconforming legal parcel of land
or recorded legally buildable lot shall contain at least the following
information:
(1)
The date of recordation of each legal parcel of land or legally buildable
lot to be consolidated or reconfigured;
(2)
A plan drawn to scale in accordance with DCTS requirements;
(3)
Information sufficient for the local jurisdiction to make the findings set forth in Subsection D of this section;
(4)
A plan that shows all existing and proposed lot or parcel boundaries;
and
(5)
A table that lists the number of all legal parcels of land or recorded
legally buildable lot and the number of proposed lots or parcels or
dwelling units to be derived.
D.
Standards. The Planning Commission or its designee shall review a
proposed lot consolidation or reconfiguration and will make written
findings that each one of the following standards has been met:
(1)
The proposed consolidation or reconfiguration will result in no greater
number of lots, parcels, or dwelling units in the Critical Area than
the existing configuration would allow;
(2)
The proposed lot consolidation or reconfiguration will result in
no greater lot coverage than the existing configuration would allow;
(4)
The proposed consolidation or reconfiguration does not create:
(5)
The proposed consolidation or reconfiguration identifies each habitat
protection area and, if impacts to a habitat protection area are proposed,
the proposal demonstrates that:
(a)
No greater impact to a habitat protection area would result
than the impact that would have resulted from the existing lot configuration;
(b)
Adverse impacts to a habitat protection area are minimized;
and
(c)
Protective measures and restoration measures are included that
provide for the least possible impact;
E.
Approval and notification. Based upon the standards, the Planning
Commission or its designee shall issue a final written decision or
order granting or denying an application. A copy of a final decision
or order shall be submitted to the Critical Area Commission, and,
if applicable, the approved development plan, within 10 days of the
final approval, by United States mail to the Critical Area Commission's
business address. The County may not issue a building permit until
the appeal time has expired.
[Reference: Natural Resources Article 8-1808.2.]
A.
Applicability. "Bona fide intrafamily transfer" means a transfer,
to a member of the owner's immediate family, of a portion of
the owner's property for the purpose of establishing a residence
for that family member.
(1)
An owner of a parcel of land in a resource conservation area (RCA) may transfer a portion of his/her property to an immediate family member, notwithstanding the density provisions of the Critical Area Protection Program and § 68-8C(1). Any lot or parcel in the RCA subject to an intrafamily transfer subdivision must be seven acres or more but less than 60 acres in size and must be a lot or parcel of record as of March 1, 1986.
(2)
A lot or parcel in the RCA that is seven acres or more but less than
12 acres in size may be subdivided into two lots. A lot or parcel
in the RCA that is 12 acres or more but less than 60 acres in size
may be subdivided into three lots. The lots may be created at different
times.
(3)
A lot or parcel that is subdivided by means of a bona fide intrafamily
transfer:
(a)
May be transferred only to a member of the owner's immediate
family for the purpose of establishing a residence for that family
member. Only the recipient of a lot through an intrafamily transfer
may request a building permit for a structure on a lot created through
this process. For the purposes of this section, "immediate family"
means a father, mother, son, daughter, grandfather, grandmother, grandson,
granddaughter, or sibling who has attained the age of 21 years as
of the date of the recording of the subdivision plat;
(c)
May not be further subdivided; and
(d)
May not be conveyed subsequently to any person other than a
member of the owner's immediate family, except for a conveyance
to a third party as security for a mortgage or deed of trust and except
for a conveyance resulting from court proceedings, including bankruptcy,
divorce, mental competency, probate, foreclosure, etc., or from the
disposition of a will or trust. An exception from this limitation
may be obtained from the Board of Appeals if the applicant proves
that:
[1]
The lot was created as part of a bona fide intrafamily transfer
and not with the intent of subdividing the original parcel of land
for the purpose of ultimate commercial sale; and
[2]
A change in circumstances has occurred since the original transfer
was made that is not inconsistent with this section and warrants an
exception. Changes in circumstances include situations where the intrafamily
transfer recipient has not resided in the County for five years prior
to application for an exception or suffers significant financial hardship.
The Board may define such hardship as being unable to meet all financial
obligations for the preceding six months.
(e)
Any deed for a lot created by bona fide intrafamily transfer
shall contain a covenant stating that the lot is created subject to
the provisions of this section.
(f)
Any plat or site plan for a lot created by a bona fide intrafamily
transfer shall contain notes stating that the lot is created subject
to the provisions of this section.
B.
Special circumstances.
(1)
On lots created by an intrafamily transfer subdivision for which
application was made prior to January 1, 2010, and for which final
approval was granted after March 8, 2010, development in and disturbances
to the expanded tidewater buffer for hydric or highly erodible soils
may be permitted without a variance, provided that all other subdivision
requirements are met or, in the case of County road standards, waived.
Mitigation at a ratio of 3:1 must be provided for any development
activities in and disturbances to the expanded buffer for hydric or
highly erodible soils. Nothing in the above is meant to allow development
in or disturbances to 100- or 200-foot tidewater buffers.
(2)
Pursuant to COMAR 27.01.09.01.e.6.c, in the case of an application
for an intrafamily transfer subdivision approved after July 1, 2010,
the 200-foot buffer required by COMAR 27.01.09.01.e.5 may be reduced
to the minimum width necessary to allow approval of the intrafamily
transfer subdivision, but no less than the 100-foot tidewater buffer,
provided that the strict application of the 200-foot buffer would
preclude the intrafamily transfer subdivision.
C.
Further subdivisions or transfers of ownership.
(1)
A lot or parcel that is subdivided by means of a bona fide intrafamily
transfer:
(a)
May be transferred only to a member of the owner's immediate
family for the purpose of establishing a residence for that family
member. Only the recipient of a lot through an intrafamily transfer
may request a building permit for a structure on a lot created through
this process. For the purposes of this section, "immediate family"
means a father, mother, son, daughter, grandfather, grandmother, grandson,
granddaughter, or sibling who has attained the age of 21 years as
of the date of the recording of the subdivision plat;
(c)
May not be further subdivided; and
(d)
May not be conveyed subsequently to any person other than a
member of the owner's immediate family, except for a conveyance
to a third party as security for a mortgage or deed of trust and except
for a conveyance resulting from court proceedings, including bankruptcy,
divorce, mental competency, probate, foreclosure, etc., or from the
disposition of a will or trust. An exception from this limitation
may be obtained from the Board of Appeals if the applicant proves
that:
[1]
The lot was created as part of a bona fide intrafamily transfer
and not with the intent of subdividing the original parcel of land
for the purpose of ultimate commercial sale; and
[2]
A change in circumstances has occurred since the original transfer
was made that is not inconsistent with this section and warrants an
exception. Changes in circumstances include situations where the intrafamily
transfer recipient has not resided in the County for five years prior
to application for an exception or suffers significant financial hardship.
The Board may define such hardship as being unable to meet all financial
obligations for the preceding six months.
(2)
Any deed for a lot created by bona fide intrafamily transfer shall
contain a covenant stating that the lot is created subject to the
provisions of this section.
(3)
Any plat or site plan for a lot created by a bona fide intrafamily
transfer shall contain notes stating that the lot is created subject
to the provisions of this section.
[Reference: Natural Resources Article 8-1808(c)(1)(ii), 8-1808(d)
and COMAR 27.01.12.]
A.
Applicability. The County has established provisions where, owing
to special features of a site or other circumstances, implementation
of this program or a literal enforcement of provisions within the
program would result in unwarranted hardship to an applicant, a Critical
Area Program variance may be obtained. In this chapter, "unwarranted
hardship" means that, without a variance, an applicant shall be denied
reasonable and significant use of the entire parcel or lot for which
the variance is requested. In considering an application for a variance,
the County shall presume that the specific development activity in
the Critical Area, that is subject to the application and for which
a variance is required, does not conform with the general purpose
and intent of Natural Resources Article, Title 8, Subtitle 18, COMAR
Title 27, and the requirements of the County's Critical Area
Program.
B.
Standards. A variance shall only be granted if the applicant proves
to the satisfaction of the Director of DP&Z or, when applicable,
to the County Board of Appeals, based upon written application and
testimony, that all of the following standards are met:
(1)
Due to special features of the site or special conditions or circumstances
peculiar to the applicant's land or structure, a literal enforcement
of the Dorchester County Critical Area Program would result in an
unwarranted hardship to the applicant;
(2)
A literal interpretation of the Dorchester County Critical Area Program
would deprive the applicant of a use of land or a structure permitted
to others in accordance with the provisions of this chapter;
(3)
The granting of the variance would not confer upon the applicant
any special privilege that would be denied by this chapter to other
lands or structures in accordance with the provisions of the Dorchester
County Critical Area Program;
(4)
The variance request is not based upon conditions or circumstances
that are the result of actions by the applicant;
(5)
The variance request does not arise from any conforming or nonconforming
condition on any neighboring property;
(6)
The granting of the variance would not adversely affect water quality
or adversely impact fish, wildlife, or plant habitat within the Dorchester
County Critical Area;
(7)
The granting of the variance would be in harmony with the general
spirit and intent of the Critical Area Law, the provisions of this
chapter, and the Dorchester County Critical Area Program.
(8)
That the applicant has the burden of proof and the burden of persuasion to overcome the presumption of nonconformance pursuant to Subsection B(5).
(9)
That based on competent and substantial evidence, the approving authority
shall make written findings as to whether the applicant has overcome
the presumption of nonconformance as established above.
(10)
That the written findings may be based on evidence introduced
and testimony presented by the applicant, the County or any other
government agency, or any other person deemed appropriate by the County.
C.
Application. Applications for a variance will be made in writing with a copy provided to the Critical Area Commission. The applicant has the burden of proof and the burden of persuasion to overcome the presumption of nonconformance established in Subsection A above. The County shall notify the Critical Area Commission of its findings and decision to grant or deny the variance request.
D.
Standard variance process.
(1)
Applications for a variance or administrative variance shall be made
in writing to the Dorchester County Board of Zoning Appeals or Planning
Director, respectively, in accordance with the procedures set forth
herein. The Critical Area Commission shall receive a copy of the application
for any variance or administrative variance that relates to the Critical
Area at least 15 days prior to any hearing on such matter and shall
receive a copy of the finding. Variance or administrative variance
decisions may be appealed as provided herein. In addition, the Chairman
of the Critical Area Commission may appeal an action or decision,
even if the Chairman was not a party to or is not specifically aggrieved
by the action or decision.
(2)
Appeals for variances from the strict application of this chapter
shall be made to the Board of Appeals on forms provided by the Director
of Planning and Zoning. Such applications shall be acted upon within
a reasonable time, not to exceed 60 days from the date of the receipt
of the application or such lesser period as may be provided by the
rules of the Board. Applications for variance shall be accompanied
by the required fees, as established by the County Council, and shall
be filed with the Director of Planning and Zoning, who shall forthwith
transmit to the Board all papers constituting the record upon which
the action appealed from was taken.
(a)
No permit, approval, variance or special exception for any property
located within the CA-Critical Area Protection District shall be issued,
unless the person seeking the permit, approval, variance, or special
exception has:
[1]
Fully paid all administrative, civil, and criminal penalties imposed by Chapter 155, Zoning, of the Dorchester County Code for violation for the subject property within the CA-Critical Area Protection District; and
[2]
Prepared a restoration or mitigation plan, approved by the County,
to abate impacts to water quality or natural resources as a result
of the violation for the subject property within the CA-Critical Area
Protection District; and
[3]
Performed the abatement measures in the approved plan in accordance
with the County's Critical Area Program for the subject property;
and
(b)
Satisfaction of all conditions specified under this section
shall be a condition precedent to the issuance of any permit, approval,
variance, or special exception for the affected property; and
(c)
Unless an extension of time is appropriate because of adverse
planting conditions, within 90 days of the issuance of a permit, approval,
variance, or special exception for the affected property, any additional
mitigation required as a condition of approval for the permit, approval,
variance, or special exception shall be completed.
(3)
Hearings; notification.
(a)
The Board shall fix a reasonable time for the hearing of appeals and applications, consistent with its rules of practice and procedure. Public notice shall be given by the Board of all hearings relating to zoning matters in accordance with the procedures set forth in § 155-6, Requirements for public notices, of the Code.
(4)
Calendar of the Board.
(a)
A calendar of the Board showing the times and dates of hearings
relating to zoning matters shall be maintained and posted in a conspicuous
location in the office of the Director of Planning. The Board shall
assure that a current copy of the calendar is provided to the Planning
Commission.
(5)
Advice from Planning Commission.
(a)
Before deciding any application for special exception or variance,
the Board of Appeals shall seek the advice and recommendation of the
Planning Commission in reference to such applications. The advice
of the Planning Commission shall not be binding upon the Board of
Appeals. The Board may request from the Planning Commission such technical
service, data or factual evidence as will further assist the Board
in reaching decisions, and any such information forwarded by the Planning
Commission shall be incorporated into the record, and it shall also
be made available to the applicant, should he so desire.
(6)
Stay of proceedings.
(a)
An appeal that is filed with the Board of Appeals stays all
actions by the Director of the Department of Planning and Zoning seeking
enforcement of or compliance with the order or decision appealed from,
unless the Director certifies to the Board of Appeals that (because
of facts stated in the certificate), in his opinion, such stay will
cause imminent peril to life or property. In that case, proceedings
shall not be stayed except by order of the Board of Appeals or a court-issued
application of the party seeking the stay, for due cause shown, after
notice to the Director.
(7)
Withdrawal; subsequent appeals or reapplication.
(a)
If an application or appeal is disapproved by the Board of Appeals,
thereafter the Board shall not accept for filing another application
for substantially the same proposal on the same premises until after
one year from the date of such disapproval.
(b)
An appeal or application may be withdrawn prior to advertisement
of the hearing without prejudice; however, the fees for such appeal
or application may be retained by the County, at the discretion of
the Board of Appeals.
(c)
In the event that an appeal or application is withdrawn subsequent
to advertisement of the public hearing, the applicant shall be precluded
from filing another application or appeal for substantially the same
proposal on the same premises for one year from the date of withdrawal
unless good cause shall be shown to the Board. The fees for such application
or appeal may be retained by the County, at the discretion of the
Board of Appeals.
(8)
Appeals to court.
(a)
Time limit for appeal. Any person allegedly aggrieved by any
decision of the Board of Appeals or by a reclassification by the County
Council may appeal the same to the Circuit Court of Dorchester County
within 30 days of the notification of the decision.
(b)
Stays. The filing of an appeal does not stay an order or action
of the Board of Appeals. Upon motion and after hearing, the Court
may grant a stay, unless prohibited by law, upon conditions as to
bond or otherwise that the Court considers proper.
(c)
Cost of transcript. The appellant shall be responsible for paying
the expense of transcription.
(d)
Hearing; testimony. If, upon the hearing, it shall appear to
the Court that testimony is necessary for the proper disposition of
the matter, it may take evidence or appoint a referee to take such
evidence as it may direct and report the same to the Court, with his
proposed findings of fact and conclusions of law, which shall constitute
a part of the proceedings upon which the determination of the Court
shall be made.
(e)
Liability of Board of Appeals for costs. Costs shall not be
allowed against the Board of Appeals unless it shall appear to the
Circuit Court that the Board acted with gross negligence or in bad
faith or with malice in making the decision appealed from.
(f)
Decision; subsequent appeals. Upon its determination of the
case, the Circuit Court shall file a formal order embodying its final
decision. An appeal may be taken to the Court of Special Appeals of
Maryland or the Court of Appeals of Maryland, during the period and
in the manner prescribed by the rules of the Court of Appeals, from
any decision of the Circuit Court. In such cases, the award of costs
shall be subject to the discretion of the Court of Appeals.
E.
Administrative variance process. The Planning Director may use the
administrative variance process as follows:
(1)
On a lot or parcel that was recorded before January 1, 2010, an administrative
variance in the Critical Area may be granted for the replacement,
expansion, or relocation of a legally existing, nonconforming structure,
the construction of a new accessory structure, the construction of
a new primary structure, or the construction or relocation of a driveway,
sidewalk, patio or other similar lot coverage within the buffer that
meets the following conditions:
(a)
In the case of the replacement of a structure or the expansion
of a structure in the 100-foot tidewater buffer:
[1]
The replacement or expansion does not encroach any further than
the existing structure into the 100-foot tidewater buffer, unless
the proposed development is restricted by more than one buffer; in
this case, the proposed expansion may not encroach any further than
50 feet into any one of the buffers;
[2]
The proposed expansion will not enlarge the existing footprint
of the subject structure by greater than 30% of that structure as
it existed on March 8, 2010, or 500 square feet, whichever is greater.
[Amended 3-5-2019 by Bill
No. 2019-2]
[3]
The property will comply with the lot coverage restrictions in § 68-7C(10) and (11). A lot coverage exchange may be conducted in accordance with § 68-7C(10)(g).
(b)
Except as in COMAR 27.01.09.01.e.8, in the case of a replacement
of a structure or the expansion of a structure in the expanded buffer:
[1]
The replacement or expansion does not encroach into the 100-foot
tidewater buffer;
[2]
The proposed expansion will not enlarge the existing footprint
of the structure by greater than 30% of what existed on March 8, 2010,
or 500 square feet, whichever is greater; and
[3]
The property will comply with the lot coverage restrictions in § 68-7C(10) and (11). A lot coverage exchange may be conducted in accordance with § 68-7C(10)(g).
(c)
In the case of a relocated structure within the 100-foot or
expanded buffer:
[1]
The relocated structure lessens the extent of the nonconformity,
unless the proposed development is restricted by more than one buffer;
in this case the proposed relocation may not encroach any further
than 50 feet into any one of the buffers.
(d)
In the case of the construction of a driveway in the 100-foot
and/or expanded buffer:
[1]
The routing of the driveway through the buffer shall provide direct access to the property, given site conditions, and for which there is no feasible alternative. Tree clearing and impacts to habitat protection areas as defined in § 68-24 shall be minimized;
[2]
The width of the driveway shall not exceed 12 feet;
[3]
The property will comply with the lot coverage restrictions in § 68-7C(10) and (11). A lot coverage exchange may be conducted in accordance with § 68-7C(10)(g).
(e)
In the case of a new accessory structure or other lot coverage in the 100-foot or expanded buffer, excluding pools, as indicated in Subsection E(2) below:
[1]
The new accessory structure or other lot coverage will not be
located any further shoreward than the closest point of the existing
primary structure, unless the proposed development is restricted by
more than one buffer; in this case the proposed expansion may not
encroach any further than 50 feet into any one of the buffers;
[2]
The footprint of the new accessory structure or other lot coverage
will not exceed 30% of the footprint of the primary structure as it
existed on March 8, 2010;
[3]
If no lot coverage associated with a primary structure existed
on the site as of March 8, 2010, the footprint of the new accessory
structure or other lot coverage will not exceed 500 square feet;
[4]
The property will comply with the lot coverage restrictions in § 68-7C(10) and (11) and accessory structure limitations in § 155-50A. A lot coverage exchange may be conducted in accordance with § 68-7C(10)(g); and
(f)
Except as in COMAR 27.01.09.01.e.8, in the case of a new primary
structure in the expanded buffer:
[1]
The new primary structure and any associated parking pad, accessory structure or other lot coverage, excluding driveways as applicable to Subsection E(1)(d) above, shall not encroach into the 100-foot tidewater buffer;
[2]
The footprint of the new principal structure, any associated
parking pad, accessory structure and/or other lot coverage within
the expanded buffer shall not exceed 2,500 square feet;
[3]
The width of a proposed driveway within the expanded buffer
shall not exceed 12 feet; and
[4]
The property will comply with the lot coverage restrictions in § 68-7C(10) and (11). A lot coverage exchange may be conducted in accordance with § 68-7C(10)(g).
(g)
In the case of a deck attached to the primary structure, the
following requirements must be met:
[1]
Within the 100-foot buffer:
[a]
The deck is constructed with decking material that
has gaps to allow water to pass freely;
[b]
Lot coverage cannot be located over and/or under
the proposed deck;
[c]
The deck will be no greater than 500 square feet;
and
[d]
The location of the deck cannot result in the 100-foot
buffer being reduced to less than 50 feet.
[2]
Within the expanded buffer:
[3]
An approval of a deck(s) through an administrative variance:
[4]
A deck(s) approved by an administrative variance shall not be
converted to lot coverage.
(2)
The administrative variance process is not applicable to a pool in the 100-foot or expanded buffer. An applicant seeking a variance for a pool in the 100-foot or expanded buffer must follow the standard variance process, per § 68-16D.
(3)
The Planning Director shall:
(a)
Approve, approve with conditions, or deny an administrative variance in the Critical Area pursuant to the standards for variances as expressed in § 68-16 and Natural Resources Article 8-1808(d);
(b)
Make written findings, based on competent and substantial evidence, as to whether the applicant has overcome the presumption of nonconformance established in § 68-16B(8), including that the granting of the variance will not adversely affect water quality or adversely impact fish, wildlife, or plant habitat within the Critical Area, and that the granting of the variance will be in harmony with the general spirit and intent of the Critical Area Law and criteria; and
(c)
Base his/her written findings on evidence introduced and testimony
presented by the applicant, the County, or any other government agency,
or any other person deemed appropriate by the County, with due regard
for the person's experience, technical competence, and specialized
knowledge.
(4)
A recommendation from the Planning Commission is required for all
administrative variances.
(5)
The following disturbances are exempt from needing an administrative
variance from the 100-foot and expanded buffer.
(6)
In the case of an approval of an administrative variance under this
subsection, the Planning Director shall require the following:
(a)
For § 68-16E(1)(a) through (e), mitigation is required for all new disturbance in the 100-foot or expanded buffer in accordance with COMAR 27.01.09.01-2;
(b)
For § 68-16E (1)(f), the Planning Director shall require full establishment of the 100-foot tidewater buffer, or mitigation for all disturbance to the expanded buffer at 3:1, whichever is greater, in accordance with the planting standards found in COMAR 27.01.09.01-2;
(e)
The Planning Director shall require a buffer management plan
approved by the Dorchester County Planning and Zoning Office in accordance
with COMAR 27.01.09.01-3.
(7)
Decisions on administrative variances by the Planning Director may
be appealed within 30 days to the Board of Appeals.
(8)
Adjoining property owners will be notified by mail of an application
for an administrative variance as part of the Planning Commission
recommendation process.
(9)
Administrative variances granted for the expansion of existing structures
are intended to be construed as cumulative for each structure subject
to said variance.
F.
Conditions and mitigation. In granting a variance, the approving
authority may impose reasonable conditions to assure that the spirit
and intent of the Critical Area Program is maintained.
(1)
Having determined that the necessary standards for a Critical Area
variance have been met, the applicant will take steps to mitigate
impacts, including:
(a)
Reforestation on the site to offset disturbed forest or developed
woodlands on at least an equal area basis.
(b)
Afforestation to mitigate any lot coverage created and to mitigate
for all disturbance to the buffer, measured as a calculation of square
feet disturbed, on at least a three to one ratio per COMAR 27.01.09.01-2;
and
(c)
Implementation of any mitigation measures that relate to habitat
protection areas as delineated in the County Critical Area Ordinance,
or as recommended by state and/or County agencies.
(2)
The approving authority shall prescribe time limits within which
any conditions to a variance must be completed. Failure to complete
any of the prescribed conditions within the time limits set shall
be a violation of this chapter and, at the discretion of the Director
of DP&Z, after notice and hearing, shall be grounds for termination
or revocation of the variance. Under no circumstance, unless otherwise
specified by the Director of DP&Z, or extended by order of DP&Z,
shall the time limits exceed two years from the date of the variance
decision.
G.
Standing. In accordance with Natural Resources Article, § 8-1808(d)(2),
Annotated Code of Maryland, if a person meets the threshold standing
requirements under federal law, the person shall have standing to
participate as a party in a local administrative proceeding.
H.
Commission notification. Within 10 working days after a written decision
regarding a variance application is issued, the Critical Area Commission
must receive a copy of the written decision. The County may not issue
a permit for the activity that was the subject of the application
until the applicable thirty-day appeal period has elapsed.
I.
Appeal to the Board of Zoning Appeals.
(1)
In considering an application for a variance, the Board of Zoning
Appeals shall presume that the specific development activity in the
Critical Area, that is subject to the application and for which a
variance is required, does not conform with the general purpose and
intent of Natural Resources Article Title 8, Subtitle 18, COMAR Title
27, and the requirements of the County's Critical Area Program.
J.
Appeals to Circuit Court. Variance decisions by the Board of Zoning
Appeals may be appealed to the Circuit Court in accordance with the
Maryland Rules of Procedure. Appeals may be taken by any person, firm,
corporation or governmental agency aggrieved or adversely affected
by any decision made under this section.
[Reference: COMAR 27.02.02, COMAR 27.02.04 and COMAR 27.02.06.]
A.
Applicability. For all development in the Critical Area resulting
from state and local agency projects, the County shall adhere to COMAR
27.02.02, COMAR 27.02.04 and COMAR 27.02.06. If applicable, consistency
reports shall be submitted to the Critical Area Commission.
B.
Procedures. The sponsoring agency of any development project within
the County's Critical Area shall work with the DP&Z to identify
the appropriate procedures for determining compliance with the state
and local Critical Area Program requirements. A determination will
be made regarding whether the project is one of local significance
or if it meets the definition of "major development," which requires
approval by the Critical Area Commission.
C.
Standards for projects of local significance. For any development activity within the Critical Area, the County agency proposing the project shall work with the DP&Z to ensure that the project is consistent with all of the provisions and requirements of the County's Critical Area Program. The DP&Z shall prepare a consistency report and submit a copy of the report with relevant plans and information about the project to the Critical Area Commission. If the Critical Area Commission determines that the proposed project is major development, then the Critical Area Commission shall notify the County within 15 days of receipt of the report, and the project shall be reviewed in accordance with the provisions in Subsection D below.
D.
Standards for major development. New major development by the state
or a County agency shall, to the extent practical, be located outside
the Critical Area. If the siting of the development in the Critical
Area is unavoidable because of water dependency or other locational
requirements that cannot be satisfied outside the Critical Area, the
sponsoring agency shall seek approval from the Critical Area Commission
and shall provide the following information:
(1)
Findings and supporting documentation showing the extent to which
the project or development is consistent with the provisions and requirements
of the County Critical Area Program and the provisions of this chapter;
and
(2)
An evaluation of the effects of the project on the County's
Critical Area Program.
E.
Notice requirements for major development. Public notice is required
for all major development projects unless the development is covered
by a general approval or a consistency report. Public notice shall
be the responsibility of the County agency proposing the project,
and the agency shall, as part of its submittal to the Critical Area
Commission, provide evidence that:
(1)
Public notice was published for one business day in a newspaper of
general circulation in the geographic area where the proposed development
would occur;
(2)
Publication included:
(a)
The identity of the sponsoring state agency or local agency;
(b)
A description of the proposed development;
(c)
The street address of the affected land and a statement that
its location is in the Critical Area; and
(d)
The name and contact information of the person within the sponsoring
state agency or local agency designated to receive public comment,
including a fax number and e-mail address, and the deadline for receipt
of public comment;
(3)
At least 14 days were provided for public comment; and
(4)
The property proposed for development was posted in accordance with the provisions for posting in Subsection F, below.
(5)
In addition to the public notice required in Subsection E(1), the County may provide for public notice by electronic posting on its website, on the website of a newspaper of general circulation in the geographic area where the proposed development would occur, or by notification to a neighborhood association or residents of a particular geographic area.
(6)
Evidence of public notice to be submitted to the Critical Area Commission
shall include the following documentation:
F.
Posting requirements for major development. [Reference: COMAR 27.03.01.03.]
The sponsoring agency for any major development project shall
ensure that a sign is posted on the property indicating that the site
is proposed for major development. Posting shall meet the following
requirements:
(1)
Shall consist of at least one sign that is a minimum of 30 inches
by 40 inches in size;
(2)
The sign clearly:
(a)
Identifies the sponsoring agency;
(b)
Describes the proposed development;
(c)
Provides the street address of the affected land and states
that it is located in the Critical Area; and
(d)
States the name and contact information of the person within
the sponsoring agency designated to receive public comment, including
a fax number and e-mail address, and the deadline for receipt of public
comment;
(3)
On a date not later than the date on which the notice is published
in the newspaper, the sign shall be posted in a conspicuous location
on the development site and shall remain there until after the Critical
Area Commission has voted on the development; and
(4)
For development that extends more than 1,000 linear feet in road
frontage, at least one sign shall be posted at each end of the affected
land on which the development is proposed.
[Reference: Natural Resources Article 8-1809(g) through (s).]
A.
Program changes. The County Council may from time to time amend the
County Critical Area Program. Critical Area Program changes include,
but are not limited to, amendments, revisions, and modifications to
zoning regulations, subdivision regulations, Critical Area maps, implementation
procedures, and local policies that affect the County's program.
All such amendments, revisions, and modifications shall also be approved
by the Critical Area Commission as established in § 8-1809
of the Natural Resources Article of the Annotated Code of Maryland.
No such amendment shall be implemented without approval of the Critical
Area Commission. Standards and procedures for Critical Area Commission
approval of proposed amendments are as set forth in Critical Area
Law § 8-1809(i) and § 8-1809(d), respectively.
B.
Comprehensive reviews. The County will review its entire program
and propose any necessary amendments to its entire program, including
Critical Area maps, at least every six years. The anniversary of the
date that the program became effective shall be used to determine
when the review shall be completed. Within 60 days after the completion
of the review, the County will send the following information in writing
to the Critical Area Commission:
(1)
A statement certifying that the required review has been accomplished;
(2)
A necessary requests for program amendments, program refinements,
or other matters that the County wishes the Critical Area Commission
to consider;
(3)
An updated resource inventory; and
(4)
A statement quantifying acreages within each land classification,
the growth allocation used, and the growth allocation remaining.
C.
Zoning Map amendments. Except for program amendments or program refinements
developed during a six-year comprehensive review, a Zoning Map amendment
may only be granted by the County Council upon proof of a mistake
in the existing zoning. This requirement does not apply to proposed
changes to a Zoning Map that meet the following criteria:
D.
Process. When an amendment is requested, the applicant shall submit
the amendment to the DP&Z for review and research. Upon completing
findings of fact, these documents shall be forwarded to the County
Council. The County Council shall hold a public hearing at which parties
of interest and citizens shall have an opportunity to be heard. At
least 14 days' notice of the time and place of such hearing shall
be published in a newspaper of general circulation in the County.
After the County Council approves an amendment, it shall forward its
decision and applicable ordinances and resolutions along with the
amendment request to the Critical Area Commission for final approval.
E.
Critical Area commission review. When the County submits a request
for review and approval of changes to any element of the County's
Critical Area Program, including, but not limited to, the Zoning Ordinance,
subdivision regulations, or Critical Area maps, the request will include
all relevant information necessary for the Chairman of the Critical
Area Commission and, as appropriate, the Critical Area Commission,
to evaluate the changes. The Chairman and, as appropriate, the Critical
Area Commission shall determine if the requests for program changes
are consistent with the purposes, policies, goals, and provisions
of the Critical Area Law and all criteria of the Critical Area Commission.
F.
Critical Area Commission decision. In accordance with the determination
of consistency outline above, the Chairman or, as appropriate, the
Critical Area Commission will:
(1)
Approve the proposed program refinement or amendment and notify the
local jurisdiction;
(2)
Deny the proposed program refinement or amendment;
(3)
Approve the proposed program refinement or amendment subject to one
or more conditions; or
(4)
Return the proposed program refinement or amendment to the County
with a list of changes to be made.
[Reference: COMAR 27.01.03.]
A.
Applicability. The provisions of this section apply to those structures
or works associated with industrial, maritime, recreational, educational,
or fisheries activities that require location at or near the shoreline
within the buffer. An activity is water-dependent if it cannot exist
outside the buffer and is dependent on the water by reason of the
intrinsic nature of its operation.
B.
Identification.
(1)
Water-dependent facilities include, but are not limited to, ports,
the intake and outfall structures of power plants, water-use industries,
marinas and other boat docking structures, public beaches and other
public water-oriented recreation areas, and fisheries activities.
(2)
Excluded from this regulation are individual private piers installed
or maintained by riparian landowners, and which are not part of a
subdivision that provides community piers.
C.
General policies. The policies of the DP&Z with regard to water-dependent
facilities shall be to limit development activities in the buffer
to those that are water-dependent and provide by design and location
criteria that these activities will have minimal individual and cumulative
impacts on water quality and fish, wildlife, and plant habitat in
the Critical Area.
D.
Standards. The following standards shall apply to new or expanded
development activities associated with water-dependent facilities:
(1)
New or expanded development activities may be permitted in the buffer
in the intensely developed areas and limited development areas, provided
that it can be shown:
(a)
That they are water-dependent;
(b)
That the project meets a recognized private right or public
need;
(c)
That adverse effects on water quality, fish, plant and wildlife
habitat are minimized;
(d)
That, insofar as possible, non-water-dependent structures or
operations associated with water-dependent projects or activities
are located outside the buffer; and
(e)
That the facilities are consistent with an approved local plan
as set forth below.
(2)
Except as otherwise provided in this program, new or expanded development
activities may not be permitted in those portions of the buffer which
occur in resource conservation areas.
E.
Implementation. Applicants for new or expanded water-dependent facilities
in intensely developed areas or limited development areas shall set
out in the application how the above requirements are met. Applicants
for water-dependent facilities in a resource conservation area, other
than those specifically permitted herein, must apply for a portion
of the County's growth allocation as set forth in this chapter.
F.
Evaluating plans for new and expanded water-dependent facilities.
The DP&Z shall evaluate on a case-by-case basis all proposals
for expansion of existing or new water-dependent facilities. The County
shall work with appropriate state and federal agencies to ensure compliance
with applicable regulations. The following factors shall be considered
when evaluating proposals for new or expanded water-dependent facilities:
(1)
That the activities will not significantly alter existing water circulation
patterns or salinity regimes;
(2)
That the water body upon which these activities are proposed has
adequate flushing characteristics in the area;
(3)
That disturbance to wetlands, submerged aquatic plant beds, or other
areas of important aquatic habitats will be minimized;
(4)
That adverse impacts to water quality that may occur as a result
of these activities, such as non-point-source runoff, sewage discharge
from land activities or vessels, or from boat cleaning and maintenance
operations, is minimized;
(5)
That shellfish beds will not be disturbed or be made subject to discharge
that will render them unsuitable for harvesting;
(6)
That dredging shall be conducted in a manner, and using a method
which causes the least disturbance to water quality and aquatic and
terrestrial habitats in the area immediately surrounding the dredging
operation or within the Critical Area, generally;
(7)
That dredged spoil will not be placed within the buffer or elsewhere
in that portion of the Critical Area which has been designated as
a habitat protection area except as necessary for:
(8)
That interference with the natural transport of sand will be minimized;
and
(9)
That disturbance will be avoided to historic areas of waterfowl staging
and concentration or other habitat protection areas identified in
the habitat protection area sections of this chapter.
G.
Availability of information. The information necessary for evaluating
the above factors, if not available locally, shall be obtained from
appropriate state and federal agencies.
H.
Industrial and port-related facilities. [Reference: COMAR 27.01.09.01-8.]
New, expanded or redeveloped industrial or port-related facilities and the replacement of these facilities may be permitted only in those portions of intensely developed areas that have been designated as modified buffer areas as described in this chapter and are subject to the provisions set forth in § 68-25.
I.
Marinas and other commercial maritime facilities. New, expanded or
redeveloped marinas may be permitted in the buffer within intensely
developed areas and limited development areas subject to the requirements
set forth in this section. New marinas or related maritime facilities
may not be permitted in the buffer within resource conservation areas,
except as provided in this section. Expansion of existing marinas
may be permitted by the DP&Z within resource conservation areas,
provided that it is sufficiently demonstrated that the expansion will
not adversely affect water quality, and that it will result in an
overall net improvement in water quality at or leaving the site of
the marina. New and existing marinas shall meet the sanitary requirements
of the Department of the Environment as required in COMAR 26.04.02.
New marinas shall establish a means of minimizing the discharge of
bottom wash waters into tidal waters.
J.
Community piers. New or expanded community marinas and other noncommercial
boat-docking and storage facilities may be permitted in the buffer
subject to the requirements in this section of the Zoning Ordinance,[1] provided that:
(1)
These facilities may not offer food, fuel, or other goods and services
for sale and shall provide adequate and clean sanitary facilities;
(2)
The facilities are community-owned and established and operated for
the benefit of the residents of a platted and recorded riparian subdivision;
(3)
The facilities are associated with a residential development approved
by the County for the Critical Area and consistent with all state
requirements and program requirements for the Critical Area;
(4)
Disturbance to the buffer is the minimum necessary to provide a single
point of access to the facilities; and
(5)
If community piers, slips, or moorings are provided as part of the
new development, private piers in the development are not allowed.
K.
Number of slips or piers permitted. The number of slips or piers permitted at the facility shall be the lesser of Subsection K(1) or (2) below:
(1)
One slip for each 50 feet of shoreline in the subdivision in the
intensely developed and limited development areas and one slip for
each 300 feet of shoreline in the subdivision in the resource conservation
area; or
(2)
A density of slips or piers to platted lots or dwellings within the
subdivision in the Critical Area according to the following schedule:
Table 68-19K(2)
| |
---|---|
Number of Slips Permitted
| |
Platted Lots or Dwellings in Critical Area
|
Slips
|
Up to 15
|
1 for each lot
|
16 to 40
|
15 or 75%, whichever is greater
|
41 to 100
|
30 or 50%, whichever is greater
|
101 to 300
|
50 or 25%, whichever is greater
|
Over 300
|
75 or 15%, whichever is greater
|
L.
Public beaches and other public recreation or education areas. Public
beaches or other public water-oriented recreation or education areas,
including, but not limited to, publicly owned boat launching and docking
facilities and fishing piers may be permitted in the buffer in intensely
developed areas. These facilities may be permitted within the buffer
in limited development areas and resource conservation areas, provided
that:
(1)
Adequate sanitary facilities exist;
(2)
Service facilities are, to the extent possible, located outside the
buffer;
(3)
Permeable surfaces are used to the extent practicable, if no degradation
of groundwater would result;
(4)
Disturbance to natural vegetation is minimized; and
(5)
Areas for passive recreation, such as nature study, and hunting and
trapping, and for education, may be permitted in the buffer within
resource conservation areas if service facilities for these uses are
located outside of the buffer.
M.
Research areas. Water-dependent research facilities or activities
operated by state, federal, or local agencies or educational institutions
may be permitted in the buffer, if non-water-dependent structures
or facilities associated with these projects are, to the extent possible,
located outside of the buffer.
N.
Fisheries activities. Lands and water areas with high aquacultural
potential will be identified by the DP&Z in cooperation with the
state when applications for new or expanded fisheries or aquaculture
facilities in these areas are submitted to the County. These areas
are encouraged for that use and, if so used, should be protected from
degradation by other types of land and water use or by adjacent land
and water uses. Commercial water-dependent fisheries, including but
not limited to structures for crab shedding, fish off-loading docks,
shellfish culture operations and shore-based facilities necessary
for aquaculture operations and fisheries activities, may be permitted
in the buffer in intensely developed areas, limited development areas
and resource conservation areas.
[Reference: COMAR 27.01.04 and COMAR 26.24.04.]
A.
Applicability. Shore erosion protection includes nonstructural shoreline stabilization measures and structural shoreline stabilization measures authorized by Maryland Department of the Environment, the Board of Public Works, or the Army Corps of Engineers, as appropriate. The provisions of this section shall apply to areas of the shoreline that are mapped as modified buffer areas and areas of the shoreline that are not mapped as modified buffer areas. The criteria set forth in § 68-20 are not intended to apply to those structures necessarily associated with water-dependent facilities as discussed in § 68-19.
B.
Process. The DP&Z shall review and approve all authorized shore
erosion protection measures and accompanying buffer management plans
and sediment and erosion control plans prior to start of construction.
(1)
Upon authorization by Maryland Department of the Environment, an
applicant for a shore erosion protection measure shall submit an application
to the DP&Z containing the following information:
(a)
Photographs of the erosion problem;
(b)
The specific location of the site indicated on a 7 1/2
Minute USGS Topographic Quadrangle Map;
(c)
Soil type and erodibility;
(d)
The proposed and existing land use; and
(e)
Appropriate authorization from the Maryland Department of the
Environment and the United States Army Corps of Engineers.
C.
Mapping. As a part of this Critical Area Program, Dorchester County,
with assistance from the state, shall designate and map the following
shoreline areas:
D.
Policies. The following policies are intended to accomplish the following
objectives:
(2)
Provide that, where structural erosion control is required, the measure
that best provides for conservation of fish and plant habitat, and
which is practical and effective, shall be used;
(4)
Provide that structural erosion measures not be encouraged in areas
where no significant erosion occurs; and
(5)
Provide that, if significant alteration in the characteristics of
a shoreline occurs, the measure that best fits the change may be used
for sites in that area.
(6)
Dorchester County shall provide the Commission with the approved
buffer management plan for a shore erosion control measure in accordance
with COMAR 26.24.04.01-3 and 27.01.09.01-3.
E.
Mitigation. Most shore erosion control projects involve disturbance to the shoreline and the 100-foot buffer. Applicants shall be required to mitigate for this disturbance in accordance with the provisions of § 68-25. Shore erosion control projects that are installed completely from the water and involve only offshore measures, such as breakwaters, may not require mitigation if the applicant demonstrates that the construction does not affect the buffer.
[Reference: COMAR 27.01.05.]
A.
General policies. A goal of the Critical Area Program is to maintain
or increase the lands in forest cover, because forests provide protection
of the water quality and habitat values of the Chesapeake Bay and
its tributaries.
B.
Process. Landowners proposing to harvest timber within any one year
interval and affecting one or more acres in the Critical Area shall
submit a timber harvest plan. This plan shall be prepared by a registered
professional forester. The timber harvest plan shall be reviewed and
approved by the Department of Natural Resources and the Dorchester
County Forestry Board. The approved plan is valid for three years
from the date on which the Forestry Board signs it. The plan shall
be filed with the County Soil Conservation District and the approved
plan shall be sent to the DP&Z prior to beginning timbering operations.
C.
Timber harvest plan contents. Plans shall include measures to protect
surface and groundwater quality and identify whether the activities
will disturb or affect habitat protection areas as identified in this
chapter and shall incorporate protection measures for these areas
as specified in that section. To provide for the continuity of habitat,
the plans shall address mitigation through forest management techniques
which shall include scheduling size, timing and intensity of harvest
cuts, afforestation and reforestation.
D.
Sediment control plans. In the Critical Area, any landowner who plans
to harvest timber on an area which will disturb 5,000 square feet
or more, including harvesting on agricultural lands, shall submit
a sediment control plan. This plan is also required for any harvests
which will cross perennial or intermittent streams. This plan shall
be developed according to the state guidelines entitled "Standard
Erosion and Sediment Control Plan for Harvest Operations." The operations
shall be implemented in accordance with specifications set out by
the Department of Natural Resources and enforced by the Department
of the Environment and the Dorchester County Department of Public
Works.
(1)
If cuts and fills are three feet or more, if grades for roads are
15% or more, or if landings are on slopes of 10% or more, then the
landowner must get a custom sediment control plan for the operation.
These are prepared by registered professional foresters and include
controls necessary to prevent site erosion and to ensure site stabilization.
This plan shall be submitted to the local Soil Conservation District
for approval and notice of approval sent to the Department of Planning
and Zoning.
(2)
If a custom sediment control plan is not required, a standard erosion
and sediment control plan is available through the Soil Conservation
District. The landowner shall provide the following information:
(3)
Either the owner or the operator shall take responsibility for implementation
of the sediment control plan or each subcontractor must file a separate
plan.
(4)
The landowner must sign the agreement to certify that he understands
the terms of the plan and is responsible for preventing erosion and
sedimentation during the forest harvesting.
[Reference: COMAR 27.01.06.]
A.
Purpose. The County's intent is to maintain agriculture and
forestry as viable and productive land uses within the Critical Area.
The County has identified agriculture and the protection of agricultural
land uses and activities as a priority in the County's Comprehensive
Plan. The County works cooperatively with the Soil Conservation District,
the County Agricultural Land Preservation Advisory Boards, the Farm
Bureau, and other appropriate agencies to promote sound land and water
stewardship on agricultural lands.
B.
General policies. The County shall follow all of the following policies
with regard to agriculture in the Critical Area:
(1)
Assure that agricultural lands are identified and that programs are
established for the Critical Area to maintain, where appropriate,
agricultural lands in agricultural use, to the greatest extent possible.
(2)
Recognize that agriculture is a protective land use that should be
properly managed so that it minimizes its contribution to pollutant
loadings to the Bay and its tributaries.
(3)
Assure that the creation of new agricultural lands is not accomplished:
(a)
By diking, draining or filling of any class or subclass of palustrine
wetlands, as described in this program, which have a seasonally flooded
or wetter water regime, unless mitigation is accomplished in accordance
with, as applicable, state and County regulations;
(b)
By clearing of forests or woodlands on soils with a slope greater
than 15%; or on soils with a "K" value greater than .35 and slope
greater than 5%;
(c)
If the clearing will adversely affect water quality or will
destroy plant and wildlife habitat as defined in this chapter; or
(d)
By the clearing of existing natural vegetation within the buffer
as defined in this chapter.
(4)
Assure that the drainage of nontidal wetlands for the purpose of
agriculture be done in accordance with a soil conservation and water
quality plan approved by the County Soil Conservation District. [Reference:
COMAR 26.23.04.]
(5)
Assure that best management practices for the control of nutrients,
animal wastes, pesticides and sediment runoff be used to protect the
productivity of the land base and enhance water quality. These practices
shall minimize contamination of surface and groundwater and, further,
shall minimize adverse effects on plants, fish and wildlife resources.
(6)
Assure that animal feeding operations, including retention and storage
ponds, feed lot waste storage and manure storage, minimize the contamination
of water bodies.
(7)
Assure that agricultural activity permitted within the Critical Area
use best management practices in accordance with a soil conservation
and water quality plan approved by the County Soil Conservation District.
C.
Performance standards for agriculture. The following performance
standards shall be adopted for all land in agricultural use or to
be converted to agricultural use within the Critical Area:
(1)
The County hereby incorporates the agricultural components of the
State 208 Water Quality Plan into this program. These components shall
be applicable to all agricultural activities in the Critical Area.
(2)
Soil conservation and water quality plans and best management practices
shall be developed and implemented for those portions of farms which
lie within the Critical Area. Local farmers shall cooperate with the
local Soil Conservation District for approval of their proposed plans.
Landowners who have signed up as Conservation District operators but
who do not have a conservation plan prepared for them by the local
Conservation District shall be allowed to continue to farm until a
conservation plan is developed, provided that the goals of this program
are being met.
(3)
A landowner shall select and implement, with the assistance of a
technically trained soil conservation planner or technician, from
among the several best management practices that minimize impacts
to water quality, conserve fish, wildlife, and plant habitat, and
integrate best with the farming operation.
(4)
Until such time as the farm plans are developed and implemented,
farmers shall as a part of the program be encouraged to use the following
practices:
[Reference: COMAR 27.01.07.]
A.
Applicability. The provisions of this section apply to all existing
and proposed operations engaged in the extraction or removal of minerals,
sand, gravel, rock, stone, earth or fill and activities related to
surface mining. These activities include, but are not limited to,
operations engaged in processing minerals at the site, removal and
mining when done for the purpose of prospecting, washing mined material,
and loading and transporting mined material.
B.
General policies. The Dorchester County Department of Public Works
(DPW) shall assure that all available measures are taken to protect
the Critical Area from all sources of pollution from surface mining
operations, including but not limited to sedimentation, siltation,
chemical and petrochemical use and spillage, and storage and disposal
of waste, dusts and spoils. The DPW shall further assure that surface
mining is conducted in a way to permit the reclamation of surface
mining sites as soon as possible and to the extent possible.
C.
Mineral resource plan and program. The DPW will develop and comply
with a mineral resource plan and program for management if applicable.
D.
Standards. Surface mining operation permits are issued by the Maryland
Department of the Environment (MDE), and periodic site inspections
of permitted areas are made to determine whether the conditions of
the permit and the accompanying reclamation plan are being fulfilled.
Local approvals and related permits for surface mining operations
in the County in the Critical Area shall only be granted if the following
conditions are met:
(1)
A reclamation plan shall be submitted as part of the permit application
which specifies the use which is proposed to be made of the site following
reclamation, the manner in which that soil and subsoil are to be conserved
and restored, the specifications for surface gradient restoration
suitable for the subsequent use, the proposed manner and type of revegetation
or other surface treatment of affected areas and an acceptable schedule
to the DPW for the implementation of reclamation measures. Reclamation
is to occur as mining on each segment of a site is completed;
(2)
The operation will not have an unduly adverse effect on wildlife,
forests, or fresh water, estuarine or marine fisheries;
(3)
The operator has provided applicable permits from all federal, state
and local regulatory agencies responsible for air and water pollution
and sediment control; and
(4)
Adequate consideration shall be given to:
(a)
The effects of the proposed action on the environment, including
adverse and beneficial environmental effects that are reasonably likely
if the proposal is implemented or if it is not implemented.
(b)
Measures that might be taken to minimize potential adverse environmental
effects and maximize potential beneficial environmental effects, including
monitoring maintenance, replacement, operation and other followup
activities.
(c)
An applicant's previous experience with similar operations
which indicates that the operation will not result in substantial
deposits of sediment in stream beds or lakes, landslides, or other
causes of water pollution.
E.
Location of future sites. Presently most of the resource conservation
area of the County's Critical Area is zoned for agricultural
or conservation use. Surface mining is permitted in Agricultural Districts.
Proposed new surface mining sites or expanded operations of existing
sites shall comply with the following:
(1)
New surface mining operations are permitted within the Critical Area,
provided that identification of appropriate post-excavation uses for
this land, such as recreation, habitat restoration, open space use,
or development, are accomplished according to the appropriate land
management classification (IDA, LDA or RCA) and other applicable County
and state codes and ordinances.
(2)
Areas such as the following shall not be used for surface mining:
(a)
Habitat protection areas and other important natural resource
areas such as those of scientific value or areas where assemblages
of rare species occur;
(b)
Areas where highly erodible soils exist;
(c)
Areas where the use of renewable resource lands would result
in the substantial loss of long-range (25 years or more) productivity
of forest and agriculture, or would result in a degrading of water
quality or a loss of vital habitat;
(d)
Lands that are within 100 feet of the mean high-water line of
tidal waters, tidal wetlands, or the edge of streams.
(3)
Surface mining operations shall operate under the following conditions:
(a)
Future wash plants, including ponds, spoil piles, and equipment,
may not be located within the buffer as defined in this chapter;
(b)
Existing wash ponds shall be reclaimed as soon as possible after
the cessation of a sand and gravel operation;
(c)
To the fullest extent possible, existing sand and gravel operations
shall conduct their extraction activities so as to provide, at a minimum,
a 100-foot buffer of natural vegetation between the operation and
the mean high-water line of tidal waters or the edges of streams and
tidal wetlands, whichever is further inland.
[Reference: COMAR 27.01.09.]
A.
Description. The habitat protection areas sections of the County's
Critical Area Ordinance address protection of the following five habitats:
B.
Identification. Maps illustrating the general location, extent and
configuration of habitat protection areas in the County are on file
with the DP&Z. They will be used as a "flagging" device to assist
property owners, developers, any person proposing development activity,
DP&Z and other agencies of the County government when reviewing
development plans. While these maps give a general indication of the
area, they do not excuse any property owner or operator from establishing
to the satisfaction of the DP&Z, whether or not the property or
activity will affect the element of habitat to be protected. At the
time of development the applicant will be responsible for providing
an on-site analysis and inventory.
[Reference: COMAR 27.01.09.01 though .01-8.]
A.
Applicability and delineation. An applicant for a development activity
or a change in land use shall apply all of the required standards
for a minimum 100-foot buffer as described in this part. The minimum
100-foot buffer shall be delineated in the field and shall be shown
on all applications as follows:
(2)
The buffer shall be expanded beyond the minimum 100-foot buffer as described in Subsection A(1), above, and the minimum 200-foot buffer as described in Subsection A(3), below, to include the following contiguous land features:
(a)
A steep slope at a rate of four feet for every 1% of slope or
the entire steep slope to the top of the slope, whichever is greater;
(b)
A nontidal wetland to the upland boundary of the nontidal wetland;
(c)
The 100-foot buffer that is associated with a nontidal wetland
of special state concern as stated in COMAR § 26.23.06.01;
(3)
Applications for a subdivision or for a development activity on land
located within the RCA requiring site plan approval after July 1,
2008, shall include:
B.
Permitted activities. If approved by Dorchester County, disturbance to the 100-foot and expanded buffer is permitted for the following activities, provided mitigation is performed in accordance with an approved buffer management plan as required per Subsection F of this part:
(1)
A new development or redevelopment activity associated with a water-dependent
facility or located in an approved modified buffer area;
(2)
A shore erosion control activity constructed in accordance with COMAR
26.24.02, COMAR 27.01.04, and this chapter;
(3)
A development or redevelopment activity approved in accordance with
the variance or administrative variance provisions of this chapter;
(4)
A new development or redevelopment activity on a lot or parcel that
was created before January 1, 2010, where:
(a)
The buffer is expanded for highly erodible soil on a slope less
than 15% or is expanded for a hydric soil and the expanded buffer
occupies at least 75% of the lot or parcel excluding privately owned
tidal wetlands;
[Amended 3-5-2019 by Bill
No. 2019-2]
(b)
The development or redevelopment is located in the expanded
portion of the buffer and not within the 100-foot buffer; and
(c)
Mitigation occurs at a 2:1 ratio based on the lot coverage of
the proposed development activity that is in the expanded buffer.
(5)
A new or replacement septic system on a lot created before August
23, 1988, where:
(a)
The Dorchester County Health Department has determined the buffer
is the only available location for the septic system; and
(b)
Mitigation is provided at a 1:1 ratio for area of canopy cleared
of any forest or developed woodland.
(c)
The Dorchester County Health Department shall enforce all requirements
related to the approval and construction of septic systems consistent
with this subsection.
(6)
Nonstructural, vegetated stormwater management practices may be installed
within the buffer or expanded buffer if required by the Dorchester
County Department of Public Works, provided that 1:1 mitigation is
performed for the removal of woody vegetation.
(7)
An in-kind replacement of a legally existing principal and/or accessory
nonconforming structure within the 100-foot and/or expanded buffer.
(8)
The construction or replacement of steps and landings, built to the
current minimum building code requirement, for access to a structure.
C.
Buffer establishment in vegetation. An applicant for a development
activity, redevelopment activity or a change in land use that occurs
outside the buffer but is located on a riparian lot or parcel that
includes the minimum 100-foot buffer shall establish the buffer in
vegetation if the buffer is not fully forested or fully established
in woody or wetland vegetation. Dorchester County shall require a
buffer management plan in accordance with the standards of this part.
D.
Mitigation for impacts to the buffer. An applicant for a development
activity that includes disturbance to the buffer shall mitigate for
impacts to the buffer and shall provide a buffer management plan in
accordance with the standards set forth in this part.
(1)
Authorized development activities may include a variance, subdivision,
site plan, shore erosion control permit, building permit, grading
permit, septic system approved by the Dorchester County Health Department
on a lot created before August 23, 1988, and special exception.
(2)
All authorized development activities shall be mitigated according
to COMAR 27.01.09.01-2.
(3)
All unauthorized development activities in the buffer shall be mitigated
at a ratio of 4:1 for the area of disturbance in the buffer.
(4)
Planting for mitigation shall be planted on site within the buffer.
If mitigation planting cannot be located within the buffer, then DP&Z
may permit planting in the following order of priority:
F.
Required submittal of buffer management plans. An applicant that
is required to plant the buffer to meet establishment or mitigation
requirements shall submit a buffer management plan as provided in
COMAR 27.01.09.01-3 with the application for the specific activity.
The provisions of this part do not apply to maintaining an existing
grass lawn or an existing garden in the buffer.
(1)
A buffer management plan that includes planting for establishment
shall be submitted with all other application materials, clearly specify
the area to be planted and state if the applicant is:
(2)
Any permit for development activity that requires buffer establishment
or buffer mitigation will not be issued until a buffer management
plan is approved by DP&Z.
(3)
An applicant may not obtain final approval of a subdivision application
until the buffer management plan has been reviewed and approved by
DP&Z.
(5)
For a buffer management plan that is the result of an authorized
disturbance to the buffer, a permit authorizing final use and occupancy
will not be issued until the applicant:
(a)
Completes the implementation of a buffer management plan; or
(6)
Concurrent with recordation of a subdivision plat, an applicant shall
record an approved major buffer management plan, where applicable,
as set forth in COMAR 27.01.09.01-3J.
(7)
If an applicant fails to implement a buffer management plan, that
failure shall constitute a violation of this chapter.
(a)
A permit for development activity will not be issued for a property
that has the violation.
(8)
An applicant shall post a subdivision with permanent signs prior
to final recordation in accordance with COMAR 27.01.09.01-2.
G.
Simplified buffer management plan. [Reference: COMAR 27.01.09.01-3(H).]
A simplified buffer management plan is a type of buffer management
plan that an applicant submits as part of a request for specifically
limited, permitted development activities and removal of vegetation
in the buffer.
(1)
A simplified buffer management plan is required before any of the
activities listed below are performed, as part of the application
associated with the following:
(2)
An applicant that cuts a tree in the buffer because it was immediately
necessary due to an emergency situation shall submit a simplified
buffer management plan to the County at the earliest possible time
after the tree has been cut.
(3)
A simplified buffer management plan includes the following minimum
information:
(a)
A brief statement describing the activity, how it will be accomplished
(i.e., chainsaw, hand removal, etc.), and the anticipated date of
the work;
(b)
The proposed mitigation;
(d)
The proposed mitigation planting date; and
(e)
The signature of the party responsible for the activity and
for ensuring survival of the planting.
H.
Minor buffer management plans. [Reference: COMAR 27.01.09.01-3(I).]
A minor buffer management plan is a landscape plan required
for applications for development activities that exceed the limitations
for simplified buffer management plans and require planting less than
5,000 square feet due to mitigation or establishment calculations.
(1)
A minor buffer management plan shall include all of the following
information:
(a)
A plan that shows the limit of disturbance, the total number
and size of trees removed, if applicable, and the arrangement of the
proposed planting;
(b)
A landscape schedule showing the proposed species type, the
quantity of plants, the size of plants, and the stock type that is
proposed for installation;
(c)
The anticipated planting date, based on the next available planting
season and construction time line;
(d)
A maintenance plan that includes:
[1]
Practices to control invasive species and pests and minimize
herbivory;
[2]
The signature of a responsible party;
[3]
Provisions for monitoring and reinforcement planting if survival
rates fall below those required in this chapter;
[4]
A signature that confirms the review and approval of the maintenance
plan by the local jurisdiction.
(e)
An inspection agreement that grants permission to the local
government to inspect the plantings at appropriate times and requires
a reinforcement planting provision if survival rates fall below those
required in this chapter; and
(f)
Signature(s) of the party responsible for the proposed activity
and for ensuring the survivability of the planting.
I.
Major buffer management plan. A major buffer management plan is a
landscape plan required for applications for development activities
that exceed the limitations for a minor buffer management plan and
requires planting for more than 5,000 square feet due to mitigation
or establishment calculations.
(1)
A major buffer management plan shall include the following:
(a)
A plan that shows the proposed limit of disturbance, the total
number and size of trees to be removed, if applicable, and the arrangement
of the planting to be done;
(b)
A landscape schedule that shows the proposed species type, the
quantity of plants, the size of plants to be installed, and the planting
date;
(c)
A maintenance plan for the control of invasive species, pests,
and predation that shows invasive species and pest control practices,
the provisions of at least two years of monitoring, and a reinforcement
planting provision if survival rates fall below the standards in regulation
.01-2m and n of COMAR Chapter 27;
(d)
A long-term protection plan that includes evidence of financial
assurance that adequately covers the planting and survivability requirement,
a provision for at least two years of monitoring as required in regulation
.01-2m and n of COMAR Chapter 27, and, if planting, an anticipated
planting date before construction or the sale of the lot;
(e)
An inspection agreement that grants permission to the local
jurisdiction to inspect the plantings at appropriate times;
(f)
If buffer establishment is required under regulation .01-1 of
COMAR Chapter 27, the information on which calculation of the amount
of buffer to be planted was based;
(g)
If buffer mitigation is required under regulation .01-2 of COMAR
Chapter 27, the information on which calculation of the amount of
the buffer to be planted was based; and
(h)
The signature of the party responsible for the proposed activity
and for the survival of the planting.
(i)
For a major buffer management plan, a single species may not
exceed 20% of the total planting requirement.
J.
Fees-in-lieu of buffer mitigation. A fee-in-lieu of mitigation will
be collected if the planting requirements of the buffer management
plan cannot be fully met on site, in accordance with the following
standards:
(1)
Fee-in-lieu monies shall be collected and held in a special fund,
which may not revert to Dorchester County's general fund;
(2)
Fee-in-lieu shall be assessed at $1.50 per square foot of required
buffer mitigation;
(3)
A portion of fee-in-lieu money can be used for management and administrative
costs; however, this cannot exceed 20% of the fees collected; and
(4)
Fee-in-lieu monies shall be used for the following projects:
K.
Shore erosion control projects. Shore erosion control measures are
permitted activities within the buffer in accordance with the following
requirements:
(1)
An applicant for a shore erosion control project that affects the
buffer in any way, including but not limited to access, vegetation
removal and pruning, or backfilling, shall submit a buffer management
plan in accordance with the requirements of this section; and
(2)
Comply fully with all of the policies and criteria for a shore erosion
control project stated in COMAR 27.01.04 and COMAR 27.01.09.01-6.
L.
Agriculture in the buffer. Agricultural activities within the buffer
are subject to the following limitations and standards:
(1)
The following activities associated with agriculture are prohibited in the buffer and other habitat protection areas as set forth in COMAR 27.01.09 and §§ 68-24 and 68-25 through 31:
(a)
Clearing of existing natural vegetation;
(b)
New farming activities, including the creation of new pastures
and the grazing of livestock; and
(c)
Feeding or watering of livestock within 50 feet of the mean
high-water line of tidal waters or the edge of a tidal wetland or
tributary stream, whichever is further inland.
(2)
Agricultural activities are permitted in the buffer if:
(a)
A twenty-five-foot vegetated filter strip is established. The
filter strip shall be measured landward from the mean high-water line
of tidal waters or tributary streams, or from the edge of tidal wetlands,
whichever is further inland; or
(b)
A current and approved soil conservation and water quality plan
is being implemented that achieves the water quality and habitat objectives
of the twenty-five-foot filter strip.
(3)
If a twenty-five-foot vegetated filter strip is provided, it shall
meet the following standards:
(a)
Maintained with trees with a dense ground cover or a thick sod
of grass;
(b)
Managed to control noxious weeds, including Johnson grass, Canada
thistle, and multiflora rose by authorized means;
(c)
Managed to provide water quality benefits and habitat protection consistent with the policies stated in § 68-2 of this chapter;
(d)
The filter strip shall be expanded by four feet for every 1%
of slope, for slopes greater than 6%; and
(e)
Maintained until such time as the landowner implements an approved
soil conservation and water quality plan.
(4)
If a soil conservation and water quality plan is implemented, it
shall meet the following standards:
(a)
Include a program of agricultural best management practices
that improve water quality and protect plant and wildlife habitat;
(b)
Insofar as possible due to its narrower width, achieve the water
quality and habitat protection objectives of the 100-foot buffer;
and
(c)
Include the implementation of grassland and manure management
program, where appropriate.
M.
Timber harvests in the buffer. Except for the commercial harvest
of trees by selection or by clear-cutting of loblolly pine and tulip
poplar permitted under COMAR 27.01.09.01-7, a person may not cut or
clear trees within the buffer.
(1)
A person may commercially harvest trees by selection or by clear-cutting
of loblolly pine and tulip poplar if the cutting or clearing:
(a)
Is further than 50 feet landward from the mean high-water line
of a tidal water, the edge of each bank of a tributary stream, or
the landward edge of a tidal wetland;
(b)
Does not occur in a habitat protection area described in COMAR
27.01.09.02-.05;
(c)
Is conducted in accordance with the requirements of COMAR 27.01.05;
and
(d)
Is conducted in accordance with a buffer management plan that
is prepared by a registered professional forester who is approved
by the Department of Natural Resources.
(3)
An applicant shall submit a buffer management plan for any commercial
harvest within the buffer, regardless of the size of the area to be
cut or cleared, that meets the following minimum requirements:
(a)
The applicant shall plant or allow the forest to regenerate
in a manner that assures the availability of cover and breeding sites
for wildlife, and reestablished the wildlife corridor function of
the buffer; and
(b)
The commercial harvesting of trees, by any method, may be permitted
to the edge of an intermittent stream if the cutting is conducted
in accordance with the requirements of this section.
[Reference: COMAR 27.01.09.01-8.]
A.
Description.
(1)
Section 27.01.09.01.C(8) of the Critical Area criteria permits Dorchester
County to request an exemption of certain portions of the Critical
Area from the buffer requirements where it can be sufficiently demonstrated
that the existing pattern of residential, industrial, commercial,
and recreational development in the Critical Area prevent the buffer
from fulfilling the functions set forth in the criteria. The designation
of these areas, formerly referred to as "buffer exemption areas (BEAs),"
and are now referred to as "modified buffer areas (MBAs)" without
any further action by County Council, must be approved by the Critical
Area Commission.
(2)
The following provisions are intended to accommodate limited use
of shoreline areas that have been mapped "modified buffer areas" while
protecting water quality and wildlife habitat to the greatest extent
possible. This section applies only to new development or redevelopment
within 100 feet of tidal waters, tidal wetlands and tributary streams
on lots of record as of December 1, 1985. The lots shall have been
officially designated by the County, and approved by the Critical
Area Commission, as modified buffer areas.
B.
Commercial, industrial, institutional, recreational and multifamily
residential development and redevelopment standards.
(1)
The purpose of this section is to guide the County in effectively
implementing the modified buffer area provisions for commercial, industrial,
institutional, recreational and multifamily residential development
that achieve the water quality and habitat protection objectives of
the policies for the buffer set forth in Section 27.01.09.01.B of
the Critical Area Criteria.
(2)
New development or redevelopment activities, including structures,
roads, parking areas and other lot coverage or septic systems, will
not be permitted in the buffer unless the applicant can demonstrate
that there is no feasible alternative and the Director of DP&Z
or his designee finds that efforts have been made to minimize buffer
impacts and the development shall comply with the following standards:
(a)
Development and redevelopment activities have been located as
far as possible from mean high tide, the landward edge of tidal wetlands,
or the edge of tributary streams.
(b)
Variances to other local setback requirements have been considered
before additional intrusion into the buffer.
(c)
Convenience and expense were not factors considered when evaluating
the extent of allowable impacts to the buffer.
(d)
New development, including accessory structures, shall minimize
the extent of intrusion into the buffer. New development shall not
be located closer to the water (or edge of tidal wetlands) than the
local setback for the zoning district or 50 feet, whichever is greater.
Structures on adjacent properties shall not be used to determine the
setback line. The fifty-foot setback shall be maintained for all subsequent
development or redevelopment of the property.
(e)
Redevelopment, including accessory structures, shall minimize
the extent of intrusion into the buffer. Redevelopment shall not be
located closer to the water (or edge of tidal wetlands) than the local
setback for the zoning district or 25 feet, whichever is greater.
Structures on adjacent properties shall not be used to determine the
setback line. Existing structures located within the setback may remain
or a new structure may be constructed on the footprint of an existing
structure, or area of lot coverage. Opportunities to establish a twenty-five-foot
setback should be maximized.
(f)
Development and redevelopment may not impact any habitat protection
area (HPA) other than the buffer, including nontidal wetlands, other
state or federal permits notwithstanding.
(g)
Modified buffer area designation shall not be used to facilitate
the filling of tidal wetlands that are contiguous to the buffer or
to create additional buildable land for new development or redevelopment.
(h)
No natural vegetation may be removed in the buffer except that
required by the proposed construction.
(i)
Mitigation for development or redevelopment in the modified
buffer area approved under the provisions of this subsection shall
be implemented as follows:
[1]
Natural forest vegetation of an area twice the extent of the
footprint of the development activity within the 100-foot buffer shall
be planted on site in the buffer or at another location approved by
the DP&Z.
[2]
Applicants who cannot fully comply with the planting requirement
may use offsets to meet the mitigation requirement. Offsets include
the removal of an equivalent area of existing lot coverage in the
buffer, the construction of best management practices for stormwater,
wetland creation or restoration, or other measures that improve water
quality or habitat.
[3]
Applicants who cannot comply with either the planting or offset requirements in Subsection B(2)(i)[1] or [2] above shall pay into a fee-in-lieu program as follows:
[a]
Applicants shall submit to the DP&Z one cost
estimate from a qualified landscape business for planting the equivalent
of twice the extent of the development within the 100-foot buffer.
The estimate shall include the cost of stock, planting, staking, mulching
and a two-year guarantee.
[b]
The DP&Z shall determine the amount of the
fee-in-lieu based on one cost estimate.
[4]
Any fees-in-lieu collected under these provisions shall be placed
in an account that will assure their use only for projects within
the Critical Area to enhance wildlife habitat, improve water quality,
or otherwise promote the goals of the Critical Area Program. The funds
cannot be used to accomplish a project or measure that would have
been required under existing local, state, or federal laws, regulations,
statutes, or permits. The status of these funds must be reported in
Dorchester County's quarterly reports.
[5]
Any required mitigation or offset areas shall be protected from
future development through an easement, development agreement, plat
notes or other instrument and recorded among the land records of Dorchester
County.
C.
Single-family residential development and redevelopment standards.
New development or redevelopment activities, including structures,
roads, parking areas and other lot coverage or septic systems, will
not be permitted in the buffer unless the applicant can demonstrate
that there is no feasible alternative, and the DP&Z finds that
efforts have been made to minimize buffer impacts. The development
must comply with the following standards:
(1)
New development or redevelopment shall minimize the shoreward extent
of intrusion into the buffer. New development and redevelopment shall
not be located closer to the water (or the edge of tidal wetlands)
than the MBA setback. The MBA setback on a site is determined by the
principal structure on that site, the principal structures on adjacent
properties, or the setback for the zoning district. In no case shall
new development or redevelopment be located less than 50 feet from
the water (or the edge of tidal wetlands).
(2)
Existing principal or accessory structures in the buffer may be replaced
in the same location. Any increase in impervious area or lot coverage
within the buffer shall comply fully with the requirements of this
policy.
(3)
New accessory structures may be permitted in the buffer in accordance
with the following setback requirements:
(a)
New accessory structures may be located closer to the water
or edge of tidal wetlands than the principal dwelling only if it has
been determined by the DP&Z or its designee that there are no
other locations for the accessory structures.
(b)
The area of the accessory structures within the buffer shall
be minimized and the cumulative total area of all new and existing
accessory structures on the property shall not exceed 500 square feet
within 50 feet of the water and 1,000 square feet total.
(c)
In no case shall new accessory structures be located less than
25 feet from the water (or edge of tidal wetlands).
(4)
Variances to other local setback requirements shall have been considered
before additional intrusion into the buffer.
(5)
Development may not impact any HPAs other than the buffer, including
nontidal wetlands, other state or federal permits notwithstanding.
(6)
No natural vegetation may be removed in the buffer except that required
by the proposed construction. The applicant will be required to maintain
any other existing natural vegetation in the buffer.
(7)
Modified buffer area designation shall not be used to facilitate
the filling of nontidal wetlands that are contiguous to the buffer
to create additional buildable land for new development or redevelopment.
(8)
Mitigation for development or redevelopment in the modified buffer
areas approved under this section shall be implemented as follows:
(a)
Natural vegetation of an area twice the extent of the footprint
of the development activity within the 100-foot buffer shall be planted
on site in the buffer or other location as may be determined by the
DP&Z. If it is not possible to carry out offsets or other mitigation
within the Critical Area, any plantings or other habitat/water quality
improvements should occur within the affected watershed.
(b)
Applicants who cannot comply with the planting requirements
may use offsets to meet the mitigation requirements. Offsets may include
the removal of an equivalent area of existing lot coverage within
the buffer, the construction of best management practices for stormwater,
wetland creation or restoration, or other measures that improve water
quality or habitat.
(c)
Applicants who cannot comply with either the planting or offset requirements in Subsection C(8)(a) and (b) above shall pay into a fee-in-lieu program as follows:
[1]
Applicants shall submit to the DP&Z one cost estimate from
a qualified landscape business for planting the equivalent of an area
twice the extent of the footprint of the development activity within
the 100-foot buffer. The estimate shall include the cost of stock,
planting, staking, mulching and a two-year survival guarantee.
[2]
The DP&Z shall determine the amount of the fee-in-lieu based
on one cost estimate.
(d)
Any required mitigation or offset areas shall be protected from
future development through an easement, development agreement, plat
notes, or other instrument and recorded among the land records of
Dorchester County.
D.
Notification requirements. All new commercial, industrial, institutional,
recreational, multifamily residential development or redevelopment
projects shall be submitted to the Critical Area Commission in accordance
with COMAR 27.03.01.03. Mitigation plans shall be included as part
of the project submission.
E.
Review process. The DP&Z shall make written findings documenting
that all the criteria in this section are met, including that the
disturbance to the buffer is the least intrusion necessary. These
findings shall be available to the Critical Area Commission upon request.
F.
Modified buffer area mapping standards. The following standards shall
apply for the mapping of new modified buffer areas:
(1)
Only lots of record as of December 1, 1985, are eligible for mapping
as modified buffer areas (MBAs).
(2)
The parcel or lot being considered for MBA status shall contain a
buffer that was significantly impacted by development at the time
of program adoption and that prevent the buffer from fulfilling its
functions.
(3)
Developed parcels or lots shall contain a buffer intrusion by the
principal structures (excluding utilities or septic systems).
(4)
Undeveloped or vacant parcels or lots (i.e., infill) may be designated
as a MBA if development within the buffer cannot be avoided based
on the size of the parcel or lot, area of the parcel or lot within
the buffer, or the surrounding pattern of development.
(5)
If only part of a parcel or lot meets the criteria for designation
as a modified buffer area, then only portions of the parcel or lot
shall be designated as a modified buffer area. The portion of the
parcel designated as a modified buffer area will be subject to the
modified buffer area requirements. Portions of the property that are
not designated as a modified buffer area shall comply fully with the
100-foot buffer restrictions.
(6)
Any proposal by the County for designation of an area as a MBA shall
include, at a minimum, a written evaluation and supporting reasons
which demonstrate the degree to which the proposed MBA does not perform
each of the following buffer functions:
(a)
Provide for the removal or reduction of sediments, nutrients,
and potentially harmful or toxic substances in runoff entering the
Bay and its tributaries;
(b)
Minimize the adverse effects of human activities on wetlands,
shorelines, stream banks, and aquatic resources;
(c)
Maintain an area of transitional habitat between aquatic and
upland communities;
(d)
Maintain the natural environment of streams; and
(e)
Protect riparian wildlife habitat.
[Reference: COMAR 27.01.09.02.]
A.
Identification. Nontidal wetlands shall be identified, and the applicable
standards applied, on all lands on which a development activity or
a change in land use is proposed. Nontidal wetlands shall be delineated
in the field by a professional qualified to perform delineations in
accordance with the publication, "Federal Manual for Identifying and
Delineating Jurisdictional Wetlands," published in 1989. The applicant
shall be responsible for ensuring that nontidal wetlands are accurately
identified and delineated.
B.
General policies. Disturbance and alteration of nontidal wetlands
should be avoided, and if unavoidable should be minimized because
of the hydrologic and habitat functions they perform:
(1)
Provide for the removal or reduction of sediments, nutrients, and
potentially harmful or toxic substances in runoff entering the Bay
and its tributaries;
(2)
Facilitate the control, infiltration, and absorption of floodwaters
associated with extreme high tides and storm events;
(3)
Minimize the adverse effects of human activities on waterways and
aquatic resources;
(4)
Maintain an area of transitional habitat between aquatic and upland
communities;
(5)
Maintain the natural environment of streams;
(6)
Provide wildlife habitat for wetland species.
C.
Standards for nontidal wetland protection. In addition to the standards
set forth in this chapter for protection of the buffer and expansion
of the buffer for nontidal wetlands, development activity affecting
nontidal wetlands shall comply with the following standards:
(1)
New development activity is prohibited in nontidal wetlands unless
the development activity is water-dependent and requires access to
a nontidal wetland as a central element of its basic function, or
is not water-dependent and has no practicable alternative;
(2)
Where nontidal wetlands exist within the buffer, the 100-foot buffer
shall be expanded to the upland limit of the nontidal wetland. This
requirement is not intended to restrict the grazing of livestock in
these wetlands;
(3)
The hydrologic regime and water quality of identified nontidal wetlands
shall be protected by providing that development activities or other
land disturbances in the drainage area of the wetlands shall minimize
alterations to the surface or subsurface flow of water into and from
the wetlands and not cause impairment of the water quality or the
plant and wildlife and habitat value of the wetland;
(4)
New development activity will first avoid and then minimize adverse
impacts to the nontidal wetland based on consideration of existing
topography, vegetation, fish and wildlife resources, and hydrological
conditions;
(5)
New development activity affecting nontidal wetlands must be designed
so that it does not cause or contribute to a degradation of groundwaters
or surface waters; and
(6)
Development activity permitted in accordance with these standards
must be consistent with any comprehensive watershed management plan
developed or approved by the Department under Environment Article,
§ 5-908, Annotated Code of Maryland.
D.
Review process. Applicants for approval of development projects that
involve disturbance or alteration to nontidal wetlands shall demonstrate
to the appropriate approving authority:
(1)
That proposed impacts are unavoidable;
(2)
That alternative proposals were evaluated; and
(3)
That mitigation measures will be provided. Mitigation measures shall
provide water quality benefits and plant and wildlife habitat equivalent
to those of the wetland destroyed or altered and shall be accomplished,
to the extent possible, on site or near the affected wetland.
[Reference: COMAR 27.01.09.03.]
A.
Identification. The approximate location of rare, threatened and
endangered species, and species in need of conservation are shown
on a digitized geographic information system (GIS) data layer on file
with the Dorchester County Department of Planning and Zoning. These
maps will be used as a flagging device and do not carry the force
of regulation. Final determinations will be made on the basis of field
investigation by qualified persons.
B.
General policies. The County shall provide protection for threatened
and endangered species, those species in need of conservation and
their habitats, which occur in the Critical Area.
C.
Standards. The County shall provide for the protection of the known
habitats of species in need of conservation, threatened and endangered
species, and also habitats of these species that may be identified
in the future.
(1)
If a development activity is proposed for a site within the Critical
Area, then the DP&Z shall review the proposed activities on a
case-by-case basis and seek technical advice from the Department of
Natural Resources, Wildlife and Heritage Division. Based on the Department's
recommendations, additional research and site analysis may be required
to identify the location of threatened and endangered species and
species in need of conservation on a site.
(2)
Pursuant to recommendations from the Department of Natural Resources,
when development is proposed on or near sites which serve as, include,
or are adjacent to a habitat of a threatened or endangered species
or a species in need of conservation, the County will require that
an applicant perform an appropriate ecological survey to verify the
presence of the protected habitat or species.
(3)
If the presence of a protected habitat or species is confirmed, the
County shall require that an applicant develop a habitat protection
plan that provides for the protection and conservation of the species
and habitats identified. In developing the plan, an applicant shall
coordinate with the Department of Natural Resources to ensure that
the plan is adequate to provide for long-term conservation and can
be implemented on the specific site.
(4)
The applicant shall obtain approval of the habitat protection plan
from the DP&Z or the appropriate designated approving authority.
The specific protection and conservation measures included in the
plan shall be considered conditions of approval of the project.
(5)
It is the policy of the County and the state policy to encourage
cooperative management agreements with private landowners as the best
way to preserve and protect critical habitats for threatened and endangered
species and species in need of conservation. It is acknowledged that
in the long term, easements or acquisition of the lands for preservation
of these habitats should be sought. Management agreements, easements,
and acquisition efforts shall be coordinated with the Maryland Department
of Natural Resources and other appropriate public agencies, private
organizations and affected landowners.
D.
Public notice. The determination of the existence and extent of these
habitats and protection areas shall result from a cooperative effort
between the County and public agencies or private organizations. If
the Secretary of the Department of Natural Resources designates additional
species by regulation in the future, public hearings, as appropriate,
shall be held to consider comments on these areas and the protection
measures proposed for these species. The protection measures shall
be adopted within 12 months of the date of the Secretary's designation.
(1)
The establishment of habitat protection areas shall not be intended
to restrict or affect, beyond any existing local, state or federal
laws or regulations or on private land, any private restrictions,
such activities as noncommercial passive recreation (for example,
hiking and nature photography), educational pursuits, scientific observation,
or noncommercial hunting, trapping or fishing.
(2)
Development activities in areas of threatened or endangered species
in need of conservation may be subject to other provisions and requirements
of this program.
[Reference: COMAR 27.01.09.04.]
A.
Description. The following plant and wildlife habitats shall be identified
in the Critical Area and appropriately protected and conserved:
(1)
Colonial water bird nesting sites;
(2)
Historic waterfowl staging and concentration areas in tidal waters,
tributary streams or tidal and nontidal wetlands;
(3)
Existing riparian forests (example: relatively mature forests of
at least 300 feet in width which occur adjacent to streams, wetlands,
or the bay shoreline and which are documented breeding areas);
(4)
Forest areas utilized as breeding areas by forest interior dwelling
birds and other wildlife species (example: relatively mature forested
areas within the Critical Area of 100 acres or more, or forest connected
with such areas);
(5)
Other areas which may, in the future, be identified by the state
and federal agencies as important plant and wildlife habitat areas;
(6)
Other plant and wildlife habitats determined to be of local significance;
and
(7)
Natural heritage areas which have been designated;
B.
General policies. The policies of the County regarding plant and
wildlife habitat in the Critical Area shall be to:
(1)
Conserve wildlife habitat in the Critical Area;
(2)
Protect those wildlife habitats that tend to be least abundant or
which may become so in the future if current land-use trends continue;
(3)
Protect those wildlife habitat types which are required to support
the continued presence of various species;
(4)
Protect those wildlife habitat types and plant communities which
are determined by the County to be of local significance;
(5)
Protect natural heritage areas; and
(6)
Protect and conserve nontidal wetlands.
C.
Standards. The County's Critical Area Program and this chapter
will serve to accomplish the goals of the Critical Area Program to
protect water quality and wildlife habitat. In addition to the standards
set forth in this chapter for the protection of the buffer, the following
standards shall apply to new development and redevelopment within
the Critical Area:
(1)
Any development or significant land use change of property located
within the Critical Area of the County will require a site specific
survey to determine the presence of any plant and wildlife habitat
areas. The survey shall be submitted along with design plans and a
written description of the measures the property owner proposes to
take to protect the habitats identified. This information concerning
habitats will be incorporated onto the resource inventory maps for
future reference.
(2)
The County may seek additional information and comments from the
Department of Natural Resources Wildlife and Heritage Division, and
other appropriate agencies and adjacent jurisdictions.
(3)
When proposing development activities within riparian forests or
forest areas utilized as breeding areas by forest interior dwelling
birds, applicants shall review and utilize the guidance found in the
Critical Area Commission publication entitled, "A Guide to the Conservation
of Forest Interior Dwelling Birds in the Chesapeake Bay Critical Area,"
dated June 2000, and as may be subsequently amended. In addition,
the Department of Natural Resources may make specific recommendations
based on an evaluation of the site and the proposed development.
(4)
The County will encourage the conservation of rough areas, e.g.,
depressions, swales, nontidal wetlands or other areas unsuitable for
development or agriculture as wildlife cover. Using cluster development,
the developer shall leave these areas in natural vegetation or, where
this is not feasible, replant with native vegetation.
(5)
For development activities in RCA and LDA, wildlife corridors shall
be established and used to connect areas left in forest cover with
any large forest tracts which are located outside of the area of the
property being developed or subdivided. The area left in forest cover
(at least 70% of the tract in LDAs or RCAs as required by this chapter)
shall be adjacent to larger forest, not left as an isolated island
of trees. Planting required as a mitigation measure shall also be
adjacent to other habitat.
(6)
Buffer areas for colonial water bird (heron, egret, tern, and glossy
ibis) nesting sites shall be established (if such birds are found
to exist in the Critical Area) so that these sites are protected from
the adverse impacts of development activities and from disturbance
during the breeding season.
(7)
New water-dependent facilities shall be located to prevent disturbance
to sites of significance to wildlife such as historic, aquatic staging
and concentration areas for waterfowl.
(8)
Protection measures, including a buffer area, shall be established
where appropriate, for other plant and wildlife habitat sites identified
in this chapter.
(9)
Forested areas required to support wildlife species identified as
threatened and endangered, or in need of conservation, shall be protected
and conserved by developing management programs which have as their
objective conserving the wildlife that inhabits or uses the areas.
Development activities, or the clearing or cutting of trees which
might occur in the areas, shall be conducted so as to conserve riparian
habitat, forest interior wildlife species and their habitats. Management
measures may include incorporating appropriate wildlife protection
elements into timber harvest plans, forest management plans, cluster
zoning or other site design criteria which provide for the conservation
of wildlife habitats. Measures may also include soil conservation
plans which have wildlife habitat protection provisions appropriate
to the areas defined above, and incentive programs which use the acquisition
of easements and other similar techniques.
(10)
When development activities, or the cutting or clearing of trees,
occurs in forested areas, to the extent practical, corridors of existing
forest or woodland vegetation shall be maintained to provide effective
connections between wildlife habitat areas.
(11)
Those plant and wildlife habitats considered to be of local
significance by the County shall be protected. Examples of these are
those whose habitat values may not be of statewide significance but
are of importance locally or regionally because they contain species
uncommon or of limited occurrence in Dorchester County, or because
the species are found in unusually high concentrations.
(12)
Natural heritage areas shall be protected from alterations due
to development activities or cutting or clearing so that the structure
and species composition of the areas are maintained. The following
standards apply in natural heritage areas:
(a)
Development activities or cutting and clearing in natural heritage
areas shall be prohibited unless an analysis is performed and measures
proposed to mitigate any adverse impacts of the proposed activities.
The analysis and mitigation measures shall be prepared by qualified
professionals (e.g., ornithologists, zoologists, environmental engineers
and planners) at the expense of the applicant and shall address the
expected effects on the natural environment within the natural heritage
area.
(b)
The analysis shall be submitted to the DP&Z which will then
submit it to the State Department of Natural Resources for review
and comment. Upon receiving said comment and, if appropriate, upon
seeking the advice of expert consultants, the DP&Z shall find
against or in favor of the activities or may make suggestions for
changing the analysis and ask the applicant to resubmit the analysis.
The initial review between the DP&Z and State Department of Natural
Resources should be completed within 60 days of submission.
D.
Public notice. The determination of the existence and extent of these
habitats and protection areas shall result from a cooperative effort
between the County and public agencies or private organizations. If
the Secretary of the Department of Natural Resources designates additional
species by regulation in the future, public hearings, as appropriate,
shall be held to consider comments on these areas and the protection
measures proposed for these species. The protection measures shall
be adopted within 12 months of the date of the Secretary's designation.
(1)
The establishment of habitat protection areas shall not be intended
to restrict or affect, beyond any existing local, state or federal
laws or regulations or on private land, any private restrictions,
such activities as noncommercial passive recreation (for example,
hiking and nature photography), educational pursuits, scientific observation,
or noncommercial hunting, trapping or fishing.
(2)
Development activities in areas of threatened or endangered species
in need of conservation may be subject to other provisions and requirements
of this program.
[Reference: COMAR 27.01.09.05.]
A.
Applicability. The provisions of this section apply to anadromous
fish propagation waters. These are designated streams that are tributary
to the Chesapeake Bay where spawning of anadromous fish occurs or
has occurred.
B.
Identification. The Department of Natural Resources has identified
and mapped anadromous fish propagation waters as defined in this section,
and these maps are available by contacting the Department.
C.
General policies. The policies of the County with regard to anadromous
fish propagation waters shall be to:
(1)
Protect the in-stream and stream-bank habitat of anadromous fish
propagation waters;
(2)
Promote land use policies and practices in the watershed of spawning
streams within the Critical Area which will minimize the adverse impacts
of development on the water quality of the streams; and
(3)
Provide for the unobstructed movement of spawning and larval forms
of anadromous fish in streams.
D.
Standards. Within anadromous fish propagation watersheds, the following
measures are required:
(1)
The installation or introduction of concrete riprap or other artificial
surfaces onto the bottom of natural streams shall be prohibited unless
it can be demonstrated that water quality and fisheries habitat can
be improved.
(2)
Channelization or other physical alterations which may change the
course or circulation of a stream, and thereby interfere with the
movement of fish, shall be prohibited.
(3)
The County shall require each development activity that occurs within
a watershed draining to anadromous fish propagation waters to fulfill
the following objectives:
(a)
Minimize development activities or land disturbances within
the watershed;
(b)
Maintain or, if practicable, improve water quality in affected
streams or other water bodies;
(c)
Minimize to the extent possible the discharge of sediments into
affected streams or other water bodies;
(d)
Maintain or, if practicable, increase the natural or native
vegetation of the watershed and tree canopy over the streams;
(4)
The County shall ensure coordination and compliance with complementary
state laws and regulations:
(a)
Prohibit the construction or placement of dams or other structures
that would interfere with or prevent the movement of spawning fish
or larval forms in streams or other designated water bodies. If practical,
existing structures shall be removed; and
(b)
Ensure that the construction, repair or maintenance activities
associated with bridges or other stream crossing, or with utilities
and roads, which involve disturbance within the buffer or which occur
in stream, as described in COMAR 08.05.03.11B(5), shall be prohibited
between March 1 and June 15 of each year.
[Reference: COMAR 27.01.08.]
A.
Identification. Natural parks are areas of natural habitat that provide
opportunities for those recreational activities that are compatible
with the maintenance of natural conditions. The County has identified
and acquired areas within its Critical Area where natural parks have
been established, and identified other areas for future protection
through acquisitions, easements, designation, or other appropriate
means. Parks should not be chosen to preserve only natural curiosities,
but they should be planned to include coastal ecosystems that are
within Dorchester County, each with its geological and biological
resources intact. Park boundaries should be based on biological necessity
rather than administrative convenience.
B.
Policies. The County shall encourage the creation of opportunities
for interaction between people and natural environments without destroying
the fragile components of natural habitats. Any plans developed for
the use of parks should recognize that all natural terrain has a finite
capacity to tolerate human disturbances, and, therefore, attention
should be given to limiting the number of park visitors in any park
at any one time or in the course of a season.