[Amended 7-11-2022 by Ord. No. 2022-001]
A. 
The following uses may only 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) 
Nonmaritime 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.
B. 
Development activities shall be designed and implemented to minimize destruction of forest and woodland vegetation.
C. 
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.
D. 
New, expanded or redeveloped industrial or port-related facilities and the replacement of these facilities may be permitted only in those portions of IDAs that have been designated as Modified Buffer Areas (MBAs).
E. 
Non-water-dependent project in Intensely Developed Areas.
(1) 
The Board of Public Works for the State of Maryland may issue a license to authorize a non-water-dependent project located on state wetlands that is located in an Intensely Developed Area pursuant to the provisions of § 120-8.3.2N(2).
[Amended 7-11-2022 by Ord. No. 2022-001]
A. 
If there is a wildlife corridor system identified by the Wildlife Heritage Service on or near the site which can be enhanced by additional plantings, the applicant 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 Part 8. Chesapeake City shall ensure the maintenance of the wildlife corridors by requiring the establishment of conservation easements, restrictive covenants, or similar instruments approved by the Town through which the corridor is preserved by public or private groups, including homeowners' associations, nature trusts and other organizations.
B. 
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.
C. 
Except as otherwise provided in this subsection, lot coverage as defined in Article 8.9, Critical Area Definitions, is limited to 15% of a lot or parcel or any portions of a lot or parcel that are designated LDA.
(1) 
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.
(2) 
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.
(3) 
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%.
(4) 
Lot coverage limits provided in Subsection C(1) and (2) above may be exceeded upon findings by the Chesapeake City Planning Commission or its designee that the following conditions exist:
(a) 
The lot or parcel is legally nonconforming. A lot or parcel legally developed as of July 1, 2008, may be considered legally nonconforming for the purposes of lot coverage requirements.
(b) 
Lot coverage associated with new development activities on the property has been minimized.
(c) 
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(1) by more than 25% or 500 square feet, whichever is greater.
(d) 
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(2) or 5,445 square feet, whichever is greater.
[1] 
The following summarizes the limits set forth in Subsection C(4)(a) through (d) above:
Lot/Parcel Size
(square feet)
Lot Coverage Limit
0 to 8,000
25% of parcel + 500 square feet
8,001 to 21,780
31.25% of parcel
21,780 to 36,300
5,445 square feet
36,301 to 43,560
15% of parcel
(e) 
If the Chesapeake City Planning Commission or its designee makes the findings set forth in Subsection C(4)(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. If the applicant cannot provide appropriate stormwater treatment and plantings due to site constraints, then the applicant shall pay a fee to Chesapeake City in lieu of performing the on-site mitigation. The amount of the fee shall be $1.50 per square foot of the required mitigation.
D. 
The alteration of forest and developed woodlands shall be restricted and shall be mitigated as follows:
(1) 
The total acreage in forest and developed woodlands within the Chesapeake City Critical Area shall be maintained or preferably increased.
(2) 
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.
(3) 
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.
(4) 
An applicant may not clear more than 30% of a forest or developed woodlands on a lot or parcel, unless the Board of Appeals grants a variance and the applicant replaces forest or developed woodlands at a rate of three times the areal extent of the forest or developed woodlands cleared.
(5) 
If an applicant is authorized to clear any percentage of forest or developed woodland the remaining percentage shall be maintained through recorded, restrictive covenants or similar instruments approved by the Town.
E. 
The following are required for forest or developed woodland clearing as required in Subsection D above:
(1) 
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 Chesapeake City shall be posted to assure satisfactory replacement as required in Subsection D above and plant survival;
(2) 
No clearing is allowed until the Town has issued a permit. Clearing of forests or developed woodlands that exceeds the maximum area allowed in Subsection D above or prior to the issuance of a permit is a violation, and the forests and developed woodlands which have been cleared shall be replanted at three times the areal extent of the cleared forest and woodland; and
[Amended 5-22-2023 by Ord. No. 2023-003]
(3) 
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 or pay a fee in lieu of planting.
F. 
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%.
(1) 
The applicant shall designate, subject to Town approval, a new forest area on a part of the site not forested; and
(2) 
The afforested area shall be maintained as forest cover through easements, restrictive covenants or other protective instruments approved by the Town.
A. 
Development standards. For all development activities and resource utilization in the Resource Conservation Areas, the applicant shall meet all of the following standards:
(1) 
Land use management practices shall be consistent with the policies and criteria for the habitat protection area provisions of this Part 8.
(2) 
Density. Land within the Resource Conservation Area may be developed for residential uses at a density not to exceed one dwelling unit per 20 acres. In calculating the 1-in-20 acre density of development that is permitted on a parcel located within the RCA, the Town of Chesapeake City:
[Amended 7-11-2022 by Ord. No. 2022-001]
(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 on the basis of vegetative information as designated on the state wetlands maps or by private survey approved by Chesapeake City, the Critical Area Commission, and Maryland Department of the Environment.
(3) 
Development activity within the Resource Conservation Areas shall be consistent with the requirements and standards for Limited Development Areas as specified in this article.
(a) 
For the purposes of calculating limitations on lot coverage, lot coverage is as follows:
[Added 7-11-2022 by Ord. No. 2022-001; amended 5-22-2023 by Ord. No. 2023-003]
[1] 
When a site is mapped entirely as RCA, lot coverage is based on the entire site area; and
[2] 
When a portion of a lot or parcel is mapped as RCA, lot coverage is based on the area of the RCA.
B. 
Nothing in this section shall limit the ability of a landowner to participate in any agricultural easement program or 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.