A. 
The goals of the Chesapeake City 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.
B. 
The Town of Chesapeake City Critical Area Program consists of this chapter and the Official Critical Area Map(s).
[Amended 5-22-2023 by Ord. No. 2023-003]
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 Town after review to determine compliance with the Chesapeake City Critical Area Program.
A. 
The Official Critical Area Overlay District Map is maintained in force as part of the Official Zoning Map for Chesapeake City. The Official Critical Area Map delineates the extent of the Critical Area Overlay District that shall include:
(1) 
All waters of and lands under the Chesapeake Bay and its tributaries to the head of tide and all state and private wetlands designated under Title 16 of the Environment Article of the Annotated Code of Maryland; and
[Amended 7-11-2022 by Ord. No. 2022-001]
(2) 
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 of the Annotated Code of Maryland.
B. 
Within the designated Critical Area Overlay District, all land shall be assigned one of the following land management and development area classifications:
(1) 
Intensely Developed Area (IDA).
(2) 
Limited Development Area (LDA).
(3) 
Resource Conservation Area (RCA).
C. 
The Critical Area Overlay District Map may be amended by the Mayor and Council in compliance with amendment provisions in this Part 8, the Maryland Critical Area Law,[1] the Critical Area Criteria and Critical Area Regulations.
[1]
Editor's Note: See Title 8, Subtitle 18, of the Natural Resources Article of the Annotated Code.
[Added 7-11-2022 by Ord. No. 2022-001]
The Town of Chesapeake City shall send copies of applications for all developments, subdivisions, and site plans wholly or partially within the Critical Area as specified in COMAR 27.03.01.04 to the Critical Area Commission for review and comment.
A. 
The application shall be accompanied by a completed "Project Notification Application'' form downloaded from the Critical Area Commission's website.
B. 
The Town of Chesapeake City 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.
C. 
Any action by the Town of Chesapeake City in violation of these procedures shall be void.
Type of Application
Requires Notification to the Critical Area Commission
Yes/No
IDA
LDA
RCA
1. Disturbance to a habitat protection area
Y
Y
Y
2. Physical disturbance to the Buffer (see Note 1)
Y
Y
Y
3. Variance from Critical Area provisions
Y
Y
Y
4. Development resulting in less than 5,000 square feet of disturbance
N
N
N
5. Development resulting in between 5,000 and 15,000 square feet of disturbance
N
N
Y
6. Development resulting in greater than 15,000 square feet of disturbance
Y
Y
Y
7. Subdivision of 3 lots or fewer
N
N
Y
8. Subdivision of 4 to 10 lots
N
Y
Y
9. Subdivision of greater than 10 lots
Y
Y
Y
10. Subdivision affecting growth allocation
N/A
Y
Y
11. Intrafamily transfer
N/A
N/A
Y
12. Rezoning that would occur wholly or partially within the Critical Area
Y
Y
Y
13. Special exception or conditional use for industrial commercial, institutional, nonresidential or multifamily
N
Y
Y
14. Substantial alteration to applications previously submitted to the Critical Area Commission
Y
Y
Y
NOTES:
Note 1:
Shore erosion control measures and private piers that do not involve disturbance to the Buffer and are not permitted by MDE do not require Critical Area Commission notification.
A. 
Development and redevelopment shall be subject to the habitat protection area requirements prescribed in this Part 8.
B. 
Reasonable accommodations for the needs of disabled citizens.
(1) 
An applicant seeking relief from the Critical Area standards contained in this Part 8 in order to accommodate the reasonable needs of disabled citizens shall have the burden of demonstrating by a preponderance of evidence the following:
(a) 
The alterations will benefit persons with a disability within the meaning of the Americans with Disabilities Act;[1]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(b) 
Literal enforcement of the provisions of this Part 8 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 provisions of this Part 8 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 Part 8 as applied to the property; and
(e) 
The accommodation would be environmentally neutral with no greater negative impact on the environment than the literal enforcement of the statute, ordinance, regulation or other requirement, or would allow only the minimum environmental changes necessary to address the needs resulting from the particular disability of the applicant/appellant.
(2) 
The Board of Appeals shall determine the nature and scope of any accommodation under this Part 8 and may award different or other relief than requested after giving due regard to the purpose, intent, or effect of the applicable provisions of this Part 8. 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 may require, as a condition of approval, that upon termination of the need for accommodation the property be restored to comply with all applicable provisions of this Part 8. Appropriate bonds may be collected or liens placed in order to ensure the Town's ability to restore the property should the applicant fail to do so.
C. 
Development and redevelopment shall be subject to the water-dependent facilities requirements of this Part 8.
[Added 7-11-2022 by Ord. No. 2022-001]
D. 
Utility transmission facilities.
[Added 7-11-2022 by Ord. No. 2022-001]
(1) 
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:
(a) 
Provided the facilities are located in IDAs; 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.
(2) 
These provisions do not include power plants.
E. 
Roads, bridges, and utilities are prohibited in an HPA unless no feasible alternative exists. If a road, bridge or utility is authorized, the design, construction and maintenance shall:
[Added 7-11-2022 by Ord. No. 2022-001]
(1) 
Provide maximum erosion protection;
(2) 
Minimize negative impacts on wildlife, aquatic life and their habitats; and
(3) 
Maintain hydrologic processes and water quality.
F. 
All development activities that must cross or affect streams shall be designed to:
[Added 7-11-2022 by Ord. No. 2022-001]
(1) 
Reduce increases in flood frequency and severity that are attributable to development;
(2) 
Retain tree canopy so as to maintain stream water temperature within normal variation;
(3) 
Provide a natural substrate for stream beds; and
(4) 
Minimize adverse water quality and quantity impacts of stormwater.
G. 
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 in order 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.
[Added 7-11-2022 by Ord. No. 2022-001]