A.
The Town Commissioners adopted the Town's Critical Area Program on May 10, 1988. Subsequently, the Town's Critical Area Program was incorporated into and is made part of this chapter and the Official Critical Area Map(s). Related provisions may be found in Chapter 110, Site Plan Review, and Chapter 290, Subdivision of Land, of the Town Code.
B.
General requirements.
(1)
Development and redevelopment shall be subject to the habitat protection area requirements prescribed in this chapter. (See § 340-26.)
(3)
New solid or hazardous waste collection or disposal facilities, or
sanitary landfills or rubble fills, including transfer stations, may
not be permitted in the critical area unless no environmentally preferable
alternative exists outside the critical area, and these development
activities or facilities are needed to correct an existing water quality,
wastewater management problem. Existing permitted facilities shall
be subject to the standards and requirements of the Department of
the Environment.
(4)
Development and redevelopment shall be subject to the water-dependent
facilities requirements of this chapter.
(5)
Utility transmission facilities. Utility transmission facilities,
except those necessary to serve permitted uses, or where regional
or interstate facilities must cross tidal waters, may be permitted
in the critical area provided:
(a)
The facilities are located in intensely developed areas; and
(b)
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.
(c)
These provisions do not include power plants.
(6)
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:
(7)
All development activities that must cross or affect streams shall
be designed to:
C.
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 to correct an existing water quality or wastewater management
problem. These include:
A.
Mapping standards.
(1)
Areas where residential, commercial, institutional, and/or developed
industrial uses predominate and where relatively little natural habitat
occurs. At the time of the initial mapping, these areas shall have
had at least one of the following features:
(a)
Housing density equal to or greater than four dwelling units
per acre;
(b)
Industrial, institutional, or commercial uses are concentrated
in the area; or
(c)
Public sewer and water collection and distribution systems are
currently serving the area, and housing density is greater than three
dwelling units per acre;
(2)
Also, 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 St. Michaels unless:
B.
Activities authorized only in IDA. The following uses may be permitted
in the IDA 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)
Non-maritime heavy industry;
(2)
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.
C.
General policies. The critical area article[1] contained in this chapter 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 Town in this article 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 § 340-26, Other habitat protection areas, 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. For all development activities in the intensely
developed areas (IDA), the applicant shall identify any environmental
or natural feature described below and meet all the following standards:
[Amended 2-10-2021 by Ord. No. 519]
(1)
Development activities shall be designed and implemented to minimize
the destruction of forest and woodland vegetation;
(2)
Stormwater shall be addressed in accordance with the following provisions:
(a)
All development and redevelopment activities shall include stormwater
management technologies that reduce pollutant loadings by at least
10% below the level of pollution on the site prior to development
or redevelopment as provided in the Critical Area 10% Rule Guidance
Manual — Fall 2003 and as may be subsequently amended.
(b)
Stormwater management to meet 10% requirements shall be provided
on site to the maximum extent practicable.
(c)
Where the 10% requirement cannot be met on site, the following
options are available:
[1]
Fee-in-lieu for 10% requirements may be provided at $35,000
per pound of phosphorus removed.
[2]
Other offsets as described in the Maryland Chesapeake and Atlantic
Coastal Bays Critical Area 10% Rule Guidance - Fall 2003 and as may
be subsequently amended. Offsets must remove a phosphorus load equal
to or greater than the remaining 10% requirement.
(d)
The Town shall track and report annually to the Critical Area
Commission all stormwater fees-in-lieu collected and expended, as
well as any authorized stormwater offsets.
(3)
Areas of public access to the shoreline, such as footpaths, scenic
drives, and other public recreational facilities should be maintained
and, if possible, increased within intensely developed areas.
(4)
Ports and industries that use water for transportation and derive
economic benefits from shore access shall be located near existing
port facilities. The Town may identify other sites for planned future
port facility development and use if this use will provide significant
economic benefit to the State or Town and is consistent with the provisions
of the Water Dependent Facilities section of this chapter and other
state and federal regulations.
(5)
To the extent practicable, future development in the IDA shall use
cluster development to reduce impervious areas and to maximize areas
of natural vegetation.
(6)
When the cutting or clearing of trees in forests and developed woodland
areas are associated with current or planned development activities,
the following shall be required:
(b)
Participation in programs established by the Town 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;
(c)
Development activities shall be designed and implemented to
minimize the destruction of forest and woodland vegetation; and
(d)
Development activities shall address the protection of existing
forests and developed woodlands identified as habitat protection areas
in this chapter.
See § 340-120.
A.
Mapping standards.
(1)
Limited development areas are those areas that are currently developed
in 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:
(a)
Housing density ranging from one dwelling unit per five acres
up to four dwelling units per acre;
(b)
Areas not dominated by agricultural, wetland, forest, barren
land, open water, or open space;
(c)
Areas meeting the conditions of intensely developed area but
comprising less than 20 acres;
(d)
Areas having public sewer or public water, or both.
B.
General policies. St. Michaels 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 to change its prevailing character as identified by density and
land use currently established in the area.
C.
Development standards.
(1)
If a wildlife corridor system is identified by the Department of
Natural Resources on or near the site, the following practices are
required:
(a)
The applicant shall incorporate a wildlife corridor system that
connects the largest undeveloped or most vegetative tracts of land
on and adjacent to the site;
(b)
The Town shall require and approve a conservation easement,
restrictive covenant, or similar instrument to ensure the maintenance
of the wildlife corridor;
(c)
The wildlife corridor shall be preserved by a public or private
group.
(2)
Development on slopes 15% or greater, 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.
(3)
Except as otherwise provided in this subsection, for stormwater runoff,
lot coverage is limited to 15% of a lot or parcel or any portions
of a lot or parcel that are designated limited development area.
(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)
Lot coverage limits provided in Subsection C(3)(a) and (b) above may be exceeded upon findings by the Planning Commission or its designee that the following conditions exist:
[1]
The lot or parcel is legally nonconforming. A lot or parcel
legally developed as of July 1, 2008, may be considered legally nonconforming
for lot coverage requirements.
[2]
Lot coverage associated with new development activities on the
property have been minimized;
[3]
For a lot or parcel 1/2 acre or less in size, total lot coverage does not exceed the lot coverage limits in Subsection C(3)(a) by more than 25% or 500 square feet, whichever is greater;
[4]
For a lot or parcel greater than 1/2 acre and less than one acre in size, total lot coverage does not exceed the lot coverage limits in Subsection C(3)(b) or 5,445 square feet, whichever is greater;
[5]
The following table summarizes the limits outlined in Subsection C(3)(d)[1] through [4] above:
Table 17C(3)(d)[5]
| |
---|---|
Lot/Parcel Size
(square feet)
|
Lot Coverage Limit
|
0 to 8,000
|
25% of parcel plus 500 square feet
|
8,001 to 21,780
|
31.25% of parcel
|
21,780 to 36,300
|
5,445 square feet
|
36,301 or more
|
15% of the parcel
|
(e)
If the Planning Commission or its designee makes the findings set forth in Subsection C(3)(d) above and authorizes an applicant to use the lot coverage limits set forth in that subsection, 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 applicant shall pay
a fee to St. Michaels in lieu of performing the on-site mitigation.
The amount of the fee shall be $1.50 per square foot of the required
mitigation.
(4)
The alteration of forest and developed woodlands shall be restricted
and shall be mitigated as follows:
(a)
The total acreage in the forest and developed woodlands within
St. Michaels in the critical area shall be maintained or preferably
increased.
(b)
All forests and developed woodlands 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 an applicant is authorized to clear more than 20% of a forest
or developed woodlands on a lot or parcel, the applicant 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)
Except for grandfathered lots less than 30,000 square feet, clearing more than 30% of any forest or developed woodland is prohibited unless authorized under a variance. See § 340-137 for variance procedures. Grandfathered lots less than 30,000 square feet are exempt from clearing limits, provided that mitigation or fee-in-lieu is provided at 1.5 times the entire area of forest or developed woodland being removed.
(e)
If an applicant is authorized to clear any percentage of forest
or developed woodlands associated with a subdivision or site plan
approval, the remaining percentage shall be maintained through recorded,
restrictive covenants or similar instruments approved by St. Michaels.
(5)
The following are required for forest or developed woodlands clearing as required in Subsection C(4) above:
(a)
The applicant shall ensure that any plantings that die within 24 months of installation shall be replaced. A performance bond in an amount determined by St. Michaels shall be posted to assure satisfactory replacement as required in Subsection C(4) above and plant survival.
(b)
A permit issued by St. Michaels before forest or developed woodlands
are cleared. Clearing forests and developed woodlands before obtaining
a St. Michaels permit is a violation; any forests and developed woodlands
cleared before obtaining a St. Michaels permit shall be replanted
at three times the areal extent of the cleared forest or developed
woodlands.
(c)
Clearing of forest or developed woodlands that exceed the maximum area allowed in Subsection C(4) above shall be replanted at three times the areal extent of the cleared forest or developed woodlands.
(d)
If the areal extent of the site limits the application of the
reforestation standards in this section, the applicant may be allowed
to plant off-site at the required ratio or pay a fee in lieu of planting
at a rate of $1.50 per square foot.
(6)
If no forest is established on proposed development sites, these
sites shall be planted to provide a forest or developed woodlands
cover of at least 15%.
(7)
New, expanded or redeveloped industrial facilities may only be permitted
in LDA if such use is permitted in the underlying zoning district
and provided such facilities meet all requirements for development
in the LDA.
[Amended 2-10-2021 by Ord. No. 519]
A.
Development standards. For all development activities and resource
utilization in the resource conservation areas, the applicant shall
meet all the following standards:
(1)
Land use management practices shall be consistent with the policies
and criteria for the habitat protection area provisions of this chapter.
(2)
Land within the resource conservation area may be developed for residential
uses at a density not to exceed one dwelling unit per 20 acres.
(3)
Development activity within the resource conservation areas shall
be consistent with the requirements and standards for limited development
areas as specified in this chapter.
B.
Nothing in this section shall limit the ability of a participant
in any 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.
A.
Permitted uses. Permitted uses in the critical area shall be limited
to those uses allowed by the underlying zoning classification, which
may include the following:
(1)
Existing industrial and commercial facilities, including those that
directly support agriculture, forestry, aquaculture, or residential
development not exceeding the one-per-twenty-acre density, shall be
allowed in RCAs. New or expanded uses in the RCA may require growth
allocation.
(2)
Expansion of existing industrial facilities and uses in the resource conservation area shall be subject to the nonconforming use provisions of this chapter and the grandfathering provisions in § 340-20 and may require growth allocation.
(3)
Additional land may not be zoned or used for industrial, commercial,
or institutional development, except as provided by the Town's growth
allocation provisions. New commercial, industrial, and institutional
uses shall not be permitted in resource conservation areas, except
as provided for in the Town's growth allocation provisions or as listed
below:
(a)
Occupation as an accessory use on a residential property and
as provided for in this chapter;
(b)
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.;
(c)
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;
(d)
A bed-and-breakfast facility located in an existing residential
structure, and where meals are prepared only for guests staying at
the facility;
(e)
A day-care facility in a dwelling where the operators live on
the premises, and there are no more than eight children cared for
at one time;
(f)
A group home or assisted living facility with no more than eight
residents.
B.
The maximum permitted density in the RCA.
(1)
The maximum permitted density in the RCA shall be one dwelling unit
per 20 acres.
(2)
Calculation of one-in-twenty-acre density of development. In calculating
the one-in-twenty-acre density of development that is permitted on
a parcel located within the resource conservation area, the Town:
(a)
Shall count each dwelling unit; and
(b)
May permit the area of any private wetlands located on the property
to be included under the following conditions:
[1]
The density of development on the upland portion of the parcel
may not exceed one dwelling unit per eight acres; and
[2]
The area of private wetlands shall be estimated based on vegetative
information as designated on the state wetlands maps or by private
survey approved by the Town, the Critical Area Commission, and the
Maryland Department of the Environment.
(3)
One additional dwelling unit (accessory dwelling unit) as part of
a primary dwelling unit may be permitted in the resource conservation
area, provided the additional dwelling unit is served by the same
sewage disposal system as the primary dwelling unit and:
(a)
Is located within the primary dwelling unit or its entire perimeter
is within 100 feet of the primary dwelling unit and does not exceed
900 square feet in a total enclosed area or is located within the
primary dwelling unit and does not increase the amount of lot coverage
already attributed to the primary dwelling unit.
(b)
An additional dwelling unit meeting all of the provisions of
this section may not be subdivided or conveyed separately from the
primary dwelling unit.
(c)
The provisions of this section may not be construed to authorize
the granting of a variance unless the variance is granted in accordance
with the variance provisions contained herein.
A.
Continuation of existing uses.
(1)
The continuation, but not necessarily the intensification or expansion
of any use in existence on May 10, 1988, may be permitted unless the
use has been abandoned for more than one year or is otherwise restricted
by existing municipal ordinances.
B.
Residential density on grandfathered lots.
(1)
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 and the provisions of § 340-19:
(a)
Any land on which development activity has progressed to the
point of pouring of foundation footings or the installation of structural
members;
(b)
A legal parcel of land, not being part of a recorded or approved
subdivision that was recorded as of December 1, 1985;
(c)
Land that received a building permit after December 1, 1985,
but before May 10, 1988;
(d)
Land that was subdivided into recorded, legally buildable lots,
where the subdivision received final approval between June 1, 1984,
and December 1, 1985; and
(e)
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 intensely developed area, limited development area or resource
conservation area requirements in this chapter or the area of the
land has been counted against the growth allocation permitted under
this chapter.
C.
For purposes of implementing this regulation, a local jurisdiction
shall have determined, based on land uses and development in existence
on December 1, 1985, which land areas fall within the three types
of development areas described in this chapter.
D.
Consistency. Nothing in this section may be interpreted as altering
any requirements of this chapter related to water-dependent facilities
or habitat protection areas.
See § 340-137.
A.
Applicability. The provisions of this article apply to consolidation
or a reconfiguration of any nonconforming legal 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.
Procedure. An applicant seeking a parcel or lot consolidation, or
reconfiguration shall provide the required information required in
COMAR 27.01.02.08E.
(1)
The Town may not approve a proposed parcel or lot consolidation or
reconfiguration without making written findings in accordance with
COMAR 27.01.02.08F.
(2)
The Town shall issue a final written decision or order granting or
denying an application for consolidation or reconfiguration.
(a)
After a final written decision or order is issued, the Town
shall send a copy of the decision or order and a copy of any approved
development plan within 10 business days by U.S. mail to the Critical
Area Commission's business address.
C.
Appeal.
(1)
The period during which the Commission may file an appeal or a petition
for judicial review begins on the date of the Commission's receipt
of the final written decision or order.
(2)
Unless a local ordinance or other local legal authority specifies
a period greater than 30 days, the Commission may file an appeal or
a petition for judicial review within 30 days of the date of the Commission's
receipt of the final decision or order.
See § 340-138.
A.
Applicability and delineation. An applicant for a development activity
or a change in land use shall apply all the required standards as
described below. The buffer shall be delineated in the field and shall
be shown on all applications as follows:
(2)
Applications for a subdivision or development activity on land located within the RCA requiring site plan approval after July 1, 2008, shall include a minimum buffer of at least 200 feet from a tidal waterway or tidal wetlands. In the following instances, the 200-foot buffer does not apply, and the buffer shall be delineated in accordance with Subsection A(1) and A(3):
(3)
The 100-foot buffer shall be expanded beyond 100 feet as described in Subsection A(1) above, and beyond 200 feet as described in Subsection A(2) above, 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; and/or
B.
Development activities in the buffer. The Town may authorize disturbance to the buffer for the following activities, provided mitigation is performed in accordance with Subsection D of this section, and an approved buffer management plan is submitted as required Subsection F:
(1)
A new development or redevelopment activity associated with a water-dependent
facility.
(2)
A shore erosion control activity constructed in accordance with COMAR
26.24.02 and this chapter.
(3)
A development or redevelopment activity approved in accordance with
the variance provisions of this article.
(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;
(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 septic system on a lot created before May 10, 1988, where mitigation
is provided at a 1:1 ratio for the area of canopy cleared of any forest
or developed woodland.
C.
Buffer establishment.
(1)
The requirements of this regulation apply to:
(a)
A development or redevelopment activity that occurs on a lot
or parcel that includes a buffer to tidal waters, a tidal wetland,
or a tributary stream if that development or redevelopment activity
is located outside the buffer; and
(b)
The approval of a subdivision that includes a buffer to tidal
waters, a tidal wetland, or a tributary stream.
(2)
If an applicant for a subdivision of a lot uses or leases the lot
for an agricultural purpose, the applicant:
(a)
In accordance with local land recordation requirements, shall record an approved buffer management plan under Subsection F of this section; and
(b)
If authorized by the Town, may delay implementation of the buffer
management plan until the use of the lot is converted to a nonagricultural
purpose.
(3)
The requirements of this regulation do not apply to an in-kind replacement
of a structure.
(4)
(5)
When the buffer is not fully forested or is not fully established
in existing, naturally occurring woody or wetland vegetation, an applicant
shall establish the buffer to the extent required as provided in COMAR
27.01.09.01-1C.
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 subsection.
(1)
All authorized development activities shall be mitigated based on
the ratios noted in the table below, in addition to the area of canopy
coverage removed for an individual tree, developed woodland or forest.
Table 24D(1) Buffer Mitigation Ratios
| ||
---|---|---|
Mitigation Ratio
| ||
Activity
|
Permanent Disturbance
|
Temporary Disturbance
|
Septic on a lot created before local program approval if located
in existing grass or if clearing is not required
|
Not applicable
|
0
|
Septic system in a forest or developed woodland on a lot created
before local program approval if clearing is required
|
1:1
|
Not applicable
|
Shore erosion control
|
1:1
|
1:1
|
Riparian water access
|
2:1
|
1:1
|
Water-dependent facility
|
2:1
|
1:1
|
Variance
|
3:1
|
1:1
|
(2)
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)
The installation or cultivation of a new lawn or turf in the buffer
is prohibited.
E.
Buffer planting standards.
(1)
An applicant that is required to plant the buffer to meet establishment
or mitigation requirements shall apply the planting standards set
forth in the table below.
Table 24E(1) Landscape Stick Credit
| |||
---|---|---|---|
Vegetation Type
|
Minimum Size Eligible for Credit
|
Maximum Credit Allowed
(square feet)
|
Maximum Percentage of Landscape Stock Credit
|
Canopy tree
|
2-inch caliper
|
200
|
Not applicable
|
Canopy tree
|
3/4-inch caliper
|
100
|
Not applicable
|
Understory tree
|
3/4-inch caliper
|
75
|
Not applicable
|
Large shrub
|
3 feet high
|
50
|
30%
|
Small shrub
|
18 inches high
|
25
|
20%
|
Herbaceous perennial
|
1 quart or based on the area covered by plugs or seed mix
|
2
|
10%
|
Planting Cluster A (for less than 1/2 acre of planting)
|
1 canopy tree; and 3 large shrubs or 6 small shrubs of size
listed above
|
300
|
Not applicable
|
Planting Cluster B (for less than 1/2 acre of planting)
|
2 understory trees; and 3 large shrubs or 6 small shrubs of
size listed above
|
350
|
Not applicable
|
(2)
A variance to the planting and mitigation standards of this section
is not permitted.
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 in accordance with
COMAR 27.01.09.01-3. The provisions of this chapter do not apply to
maintaining an existing grass lawn or an existing garden in the buffer.
(1)
Any permit for a development activity that requires buffer establishment
or buffer mitigation will not be issued until the Town approves a
buffer management plan.
(2)
An applicant may not obtain the final approval of a subdivision application
until the buffer management plan has been reviewed and approved by
the Town.
(4)
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
(5)
Concurrent with recordation of a subdivision plat, an applicant shall
record a protective easement for the buffer.
(6)
If an applicant fails to implement a buffer management plan, that
failure shall constitute a violation of this chapter. A permit for
development activity will not be issued for a property that has the
violation.
(7)
An applicant shall post a subdivision with permanent signs prior
to final recordation in accordance with COMAR 27.01.09.01-2.
(8)
Buffer management plans that include natural regeneration shall follow
the provisions of COMAR 27.01.09.01-4.
G.
Fee-in-lieu of buffer mitigation. A fee-in-lieu of mitigation will be collected if the planting requirements of Subsection D above 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 the St. Michaels' 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:
A.
Development and redevelopment standards. New development or redevelopment
activities, including structures, roads, parking areas, and other
impervious surfaces, lot coverage or septic systems will not be permitted
in the buffer in a designated BMA unless the applicant can demonstrate
that there is no feasible alternative and the Board of Zoning Appeals
finds that efforts have been made to minimize buffer impacts. The
development shall comply with the following standards:
(1)
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.
(2)
Variances to other local setback requirements have been considered
before additional intrusion into the buffer.
(3)
Commercial, industrial, institutional, recreational, and multifamily
residential development and redevelopment shall meet the following
standards:
(a)
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
minimum required setback for the zoning district or 50 feet, whichever
is greater. Structures on adjacent properties shall not be used to
determine the setback line.
(b)
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 25 feet.
Structures on adjacent properties shall not be used to determine the
setback line. A new structure may be constructed on the footprint
of an existing structure.
(4)
Single-family residential development and redevelopment shall meet
the following standards:
(a)
New development or redevelopment shall minimize the extent of
intrusion into the buffer. New development shall not be located closer
to the water (or the edge of tidal wetlands) than principal structures
on adjacent properties or 50 feet, whichever is greater. In no case
shall redevelopment be located less than 25 feet from the water (or
the edge of tidal wetlands).
(b)
The existing principal or accessory structures may be replaced
in the same footprint.
(c)
New accessory structures may be located closer to the water
than the setback if the Town has determined there are no other locations
for the structures. The area of new accessory structures shall not
exceed 500 square feet within 25 feet of the water and a total of
1,000 square feet in the buffer.
(5)
Variances to other local setback requirements shall be considered
before additional intrusion into the buffer is permitted.
(6)
Development and redevelopment may not impact any habitat protection
area (HPA) other than the buffer, including nontidal wetlands, other
state or federal permits notwithstanding.
(7)
Buffer management area (BMA) 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.
(8)
No natural vegetation may be removed in the buffer except that required
by the proposed construction.
(9)
Mitigation for development or redevelopment in the BMA approved under
the provisions of this subsection shall be implemented as follows:
(a)
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 Planning Commission.
(b)
Applicants who cannot fully comply with the planting requirement in Subsection A(9)(a) above may offset by removing an equivalent area of existing lot coverage in the buffer.
(d)
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 Chesapeake Bay Critical Area
Overlay District. 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 to the Critical Area Commission on an
annual basis.
(e)
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
the County.
B.
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.
C.
Review process. The Planning Commission shall make written findings
documenting that all the criteria in this chapter are met, including
that the disturbance to the buffer is the least intrusion necessary.
These findings shall be available to the Commission upon request.
D.
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 an 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 Town for designation of an area as an 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.
A.
Identification. An applicant for development activity, redevelopment
activity, or change in land use shall identify all applicable habitat
protection areas and follow the standards contained in this section.
habitat protection areas include:
(1)
Threatened or endangered species or species in need of conservation;
(2)
Colonial waterbird nesting sites;
(3)
Historic waterfowl staging and concentration areas in tidal waters,
tributary streams or tidal and nontidal wetlands;
(4)
Existing riparian forests;
(5)
Forest areas utilized as breeding areas by forest interior dwelling
birds and other wildlife species;
(6)
Other plant and wildlife habitats determined to be of local significance;
(7)
Natural heritage areas; and
(8)
Anadromous fish propagation waters.
B.
Standards.
(1)
An applicant proposing a subdivision or a site plan for a site within
the critical area that is in or near a habitat protection area listed
above shall request a review by the Department of Natural Resources
Wildlife and Heritage Service for comment and technical advice. 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)
If the presence of a habitat protection area is confirmed by the
Department of Natural Resources, the applicant shall develop a habitat
protection plan in coordination with the Department of Natural Resources.
[Amended 2-10-2021 by Ord. No. 519]
(a)
If potential Forest Interior Dwelling Species (FIDS) habitat
is identified, the proposed development shall conform to the Critical
Area Commission's FIDS Guidance Manual, dated June 2000 as updated.
(b)
If potential anadromous fish propagation waters are identified,
the proposed development shall conform to the policies and criteria
listed in COMAR 27.01.09.05.
(3)
The applicant shall obtain approval of the habitat protection plan
from the Planning Commission. The specific protection and conservation
measures included in the plan shall be considered conditions of approval
of the project.
Applicability. The Town may require an environmental impact
assessment (EIA) for the following:
A.
Development or redevelopment activities in the critical area requiring
site plan approval;
B.
Development or redevelopment activities in the critical area requiring
subdivision approval;
C.
Development or redevelopment activities within a habitat protection
area other than a detached single-family dwelling;
D.
An application for growth allocation; or
E.
An application for a variance other than for a detached single-family
dwelling.
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 because of the intrinsic
nature of its operation.
B.
Identification. 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.
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 Town 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 a local approved plan
as set forth below.
(2)
New or expanded development activities may not be permitted in those
portions of the buffer, which occur in resource conservation areas.
Applicants for water-dependent facilities in a resource conservation
area, other than those specifically permitted herein, must apply for
a portion of the Town's growth allocation as set forth in this chapter.
E.
Evaluating plans for new and expanded water-dependent facilities.
The Town shall evaluate on a case-by-case basis all proposals for
the expansion of existing or new water-dependent facilities. The Town
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 nonpoint source runoff, sewage discharge
from land activities or vessels, or 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
this article.
F.
Industrial and port-related facilities. 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 and are subject
to the provisions set forth in this article.
G.
Marinas and other commercial maritime facilities. New, expanded,
or redeveloped marinas may be permitted subject to the requirements
set forth below:
(1)
New, expanded, or redeveloped marinas may be permitted in the buffer
within intensely developed areas and limited development areas.
(2)
New marinas or related maritime facilities may not be permitted in
the buffer within resource conservation areas except, expansion of
existing marinas may be permitted 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.
(3)
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.
H.
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 chapter, 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 Town 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.
I.
The number of slips or piers permitted in community piers. The number of slips or piers permitted at the facility shall be the lesser of Subsection I(1) or (2) below:
(1)
One slip for every 50 feet of shoreline in the subdivision in the
intensely developed and limited development areas and one slip for
every 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 28I(2) Number of Slips Permitted
| |
---|---|
Platted Lots or Dwellings in the 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
|
J.
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 possible 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.
K.
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.
L.
Fisheries activities. Lands and water areas with high aquacultural
potential will be identified by the Town in cooperation with the state
when applications for new or expanded fisheries or aquaculture facilities
in these areas are submitted to the Town. 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.
B.
The Town may issue a building permit or any other approval to authorize
a non-water-dependent project located on state or private wetlands
within the critical area if the project:
(1)
Involves a commercial activity that is permitted as a secondary or
accessory use to a permitted primary commercial use;
(2)
Is not located on a pier that is attached to residentially, institutionally,
or industrially used property;
(3)
Is located in an intensely developed area (IDA) and the project is
authorized under a program amendment to Town's Critical Area Program
approved on or after July 1, 2013, if the approved program amendment
includes necessary changes to Town's zoning, subdivision and other
ordinances so as to be consistent with, or more restrictive than,
the requirements required under this subsection; or
(4)
Is approved by the Planning Commission or the Board of Zoning Appeals after the Town program amendment under Subsection B(3) above, if applicable, has been approved;
(5)
Allows or enhances public access to state wetlands;
(6)
Does not expand beyond the length, width, or channelward encroachment
of the pier on which the project is constructed;
(7)
Has a height of up to 18 feet unless the project is located at a
marina; and
(8)
Is up to 1,000 square feet in total area, or:
C.
The Town may issue a building permit or other approval to authorize
a non-water-dependent project for a small-scale renewable energy system
on a pier located on state or private wetlands within the critical
area if the project:
(1)
Involves the installation or placement of a small-scale renewable
energy system that is permitted as a secondary or accessory use on
a pier that is authorized under Title 16 of the Environment Article
of the Annotated Code of Maryland;
(2)
Is located in critical area and the project is authorized under a
program amendment to the Town's Critical Area Program approved on
or after July 1, 2013, if the approved program amendment includes
necessary changes to the Town's zoning, subdivision,[1] and other ordinances so as to be consistent with or more
restrictive than the requirements provided under this section; or
[1]
Editor's Note: See Chapter 290, Subdivision of Land.
(3)
Is approved by the Planning Commission or Board of Zoning Appeals after the Town's amendment in accordance with Subsection B(3) above, if applicable, has been approved;
(4)
A building permit or other approval issued under the requirements in this Subsection C above may include the installation or placement of:
(a)
A solar energy system attached to a pier of the device or equipment
associated with that system does not extend more than four feet above
or 18 inches below the deck of the pier; or one foot beyond the length
or width of the pier;
(b)
A solar energy system attached to a piling if there is only
one solar panel per boat slip;
(c)
A solar energy system attached to a boathouse roof if the device
or equipment associated with that system does not extend beyond the
length, width, or height of the boathouse roof;
(d)
A closed-loop geothermal heat exchanger under a pier if the
geothermal heat exchanger or any associated devices or equipment do
not: 1) extend beyond the length, width, or channelward encroachment
of the pier; 2) deleteriously alter long-shore drift; or 3) cause
significant individual or cumulative thermal impacts to aquatic resources;
or
(e)
A wind energy system attached to a pier if there is only one
wind energy system per pier for which: 1) the height from the deck
of the pier to the blade extended at its highest point is up to 12
feet; 2) the rotor diameter of the wind turbine is up to four feet;
and 3) the setbacks of the wind energy system from the nearest property
line and from the channelward edge of the pier to which that system
is attached are at least 1.5 times the total height of the system
from its base to the blade extended at its highest point.