[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013; 3-3-2022 by Ord. No. 728, effective 3-13-2022]
A. Goals. The goals of the Town's Critical
Area Ordinance are to accomplish the following:
(1) Minimize adverse impacts on water quality
that result from pollutants that are discharged from structures or
runoff 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 Critical Area Ordinance.
(1) The Town of Denton Critical Area Program consists of the Chapter
128 Denton Zoning Ordinance and the Official Critical Area map(s). Related provisions may be found in Chapter
73, Land Subdivision.
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 duly appointed local approving authority after review to determine compliance with Chapter
128 and any related development provisions found in Chapter
73 Land Subdivision.
D. Critical Area Overlay District Map.
(1) The Official Critical Area Overlay District
Map is maintained in force as part of the Official Zoning Map for
Denton. The Official Critical Area Map delineates the extent of
the Critical Area Overlay District that shall include:
(a)
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
(b)
All land and water areas within 1,000 feet beyond the landward boundaries of those resources indicated in Subsection
D(1)(a) of this section.
(2) Critical Area Overlay Map. Within the designated
Critical Area Overlay District, all land shall be assigned one of
the following land management and development area classifications:
(a)
Intensely Developed Area (IDA).
(b)
Limited Development Area (LDA).
(c)
Resource Conservation Area (RCA).
(3) The Critical Area Overlay District Map
may be amended by the Town Council in compliance with amendment provisions
in this article, the Maryland Critical Area Law, and COMAR Title 27, as amended from time to time.
E. Notification of project approval. The Town
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.
(1) The application shall be accompanied by
a completed "Project Notification Application" form downloaded from
the Critical Area Commission's website.
(2) The Town 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
or prior to the close of the fifth business day, whichever comes first.
The Town may contact the Critical Area Commission to verify receipt.
(3) Any action by the Town in violation of
these procedures shall be void.
Summary of Notification Requirements
Critical Area Commission
(COMAR 27.03)
|
---|
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, non-residential, or
multi-family
|
N
|
Y
|
Y
|
14. Substantial alteration to applications
previously submitted to the Critical Area Commission
|
Y
|
Y
|
Y
|
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.
|
F. General Requirements in all Critical Area
Overlay Zones.
(1) 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.
(2) Development and redevelopment shall be subject to the Habitat Protection Area (HPA) requirements prescribed in Chapter
128.
(3) Development and redevelopment shall be subject to the water-dependent facilities requirements of Chapter
128.
(4) Utility transmission facilities:
(a)
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:
(i)
The facilities are located in IDAs;
and
(ii) 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.
(b)
These provisions do not include power
plants.
(5) Roads, bridges, and utilities are prohibited
in a Habitat Protection Area (HPA) unless no feasible alternative
exists. If a road, bridge, or utility is authorized, the design, construction,
and maintenance shall:
(a)
Provide maximum erosion protection;
(b)
Minimize negative impacts on wildlife,
aquatic life, and their habitats; and
(c)
Maintain hydrologic processes and
water quality.
(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 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) Reasonable accommodations for the needs
of disabled citizens.
(a)
An
applicant seeking relief from the Critical Area standards contained
in this Chapter to accommodate the reasonable needs of disabled citizens
shall have the burden of demonstrating by a preponderance of the evidence
the following:
(i)
The alterations will benefit persons
with a disability within the meaning of the Americans with Disabilities
Act;
(ii) Literal enforcement
of the provisions 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;
(iii) A reasonable accommodation
would reduce or eliminate the discriminatory effect of the provisions
of this Chapter or restore the disabled resident's or user's reasonable
use or enjoyment of the property;
(iv) The accommodation requested
will not substantially impair the purpose, intent, or effect, of the
provisions of this Chapter as applied to the property; and
(v)
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
requirements; or would allow only the minimum environmental changes
necessary to address the needs resulting from the particular disability
of the applicant/appellant.
(b)
The Planning Commission shall determine
the nature and scope of any accommodation under this Chapter. It may
award different or other relief than requested after giving due regard
to the purpose, intent, or effect of this Chapter's applicable provisions.
The Planning Commission may also consider the size, location, and
type of accommodation proposed and whether alternatives exist which
accommodate the need with less adverse effect.
(c)
The Planning Commission may require,
as a condition of approval, that upon the 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 to ensure the Town's ability to restore the property
should the applicant fail to do so.
G. State and local agency projects.
(1) For all development in the Critical Area
resulting from state and local agency projects, the Town of Denton
shall comply with the provisions of COMAR 27.02, as amended from time
to time. If applicable, consistency reports shall be submitted to
the Chesapeake Bay Critical Area Commission.
A. The following uses may only be permitted
in the IDA 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 the 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 percent (10%) below the level of pollution
on the site before development or redevelopment as provided in 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).
A. Development standards. For all development
activities in the Limited Development Areas, the applicant shall identify
any environmental or natural feature described below and shall meet
all of the following 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 will require and approve
a conservation easement, restrictive covenant, or similar instrument
to ensure maintenance of the wildlife corridor; and
(c)
The wildlife corridor shall be preserved
by a public or private group.
(2) Development on slopes of fifteen percent
(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,
lot coverage is limited to:
(a)
When a site is mapped entirely as
LDA, fifteen percent (15%) of the total site;
(b)
When a portion of a lot or parcel
is mapped as a LDA, fifteen percent (15%) of that portion of the lot
or parcel; and
(c)
In the case of a growth allocation
award:
[1]
Fifteen percent (15%) of the growth
allocation development envelope; or
[2]
Fifteen percent (15%) of the acreage
proposed for growth allocation.
(d)
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 twenty-five percent (25%) of the parcel or lot.
(e)
If a parcel or lot greater than 1/2
acre and less than one acre in size existed on or before December
1, 1985, lot coverage is limited to fifteen percent (15%) of the parcel
or lot.
(f)
If an individual lot one (1) acre
or less in size is part of a subdivision approved after December 1,
1985, then lot coverage may exceed fifteen percent (15%) of the individual
lot; however, the total lot coverage for the entire subdivision may
not exceed fifteen percent (15%).
(g)
Lot coverage limits provided in Subsection
A(3)(d) and
(e) 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 the purposes of 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
A(3)(d) by more than twenty-five percent (25%) or five hundred (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
A(3)(e) or 5,445 square feet, whichever is greater;
[5]
The following table summarizes the limits set forth in Subsection
A(3)(g)[1] through
[4] above:
Table A(3)(g)[5]
Lot Coverage Limits
|
---|
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 to 43,560
|
15% of parcel
|
(h)
If the Planning Commission or its designee makes the findings set forth in Subsection
A(3)(g) 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 the Town in lieu of performing the on-site
mitigation. The fee amount 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 forest and developed
woodlands within the Town 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 twenty percent (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 twenty percent (20%) of the
forest or developed woodlands cleared.
(d)
An applicant may not clear more than
thirty percent (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 (3) times
the areal extent of the forest or developed woodlands cleared.
(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 the Town.
(5) The following are required for forest or developed woodlands clearing as required in Subsection
A(4) above:
(a)
The applicant shall ensure that any
plantings that die within twenty-four (24) months of installation
shall be replaced. A performance bond in an amount determined by the
Town shall be posted to assure satisfactory replacement and plant
survival;
(b)
A permit issued by the Town before
forest or developed woodlands is cleared. Clearing forests and developed
woodlands before obtaining a Town permit is a violation; any forests
and developed woodlands cleared before obtaining a Town permit shall
be replanted at three (3) 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
A(4) above shall be replanted at three (3) 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 fifteen percent (15%).
(a)
The applicant shall designate, subject
to the approval of the Town, a new forest area on a part of the site
not forested; and
(b)
The afforested area shall be maintained
as forest cover through easements, restrictive covenants, or other
protective instruments approved by the Town Attorney.
(7) All forest, including afforested areas,
shall be maintained through conservation easements, restricted covenants,
or other protective instruments.
(8) 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.
B. Process. Prior to commencing a development
activity on a site in a Limited Development Area, the applicant shall
follow the following process:
(1) A site-specific field investigation shall
be conducted by the applicant to identify forest areas, specimen trees,
streams, wetlands, sensitive environmental areas, and rare, threatened,
or endangered species habitat that may be present. Forested areas
and specimen trees shall be identified and shown on all site development
and subdivision plans in order to ensure that appropriate protection
measures are implemented.
(2) The applicant shall prepare a plan clearly
showing the limits of disturbance for the project and forested areas
to be conserved. The applicant shall show appropriate temporary tree
protection devices, including fencing, signs, berms, etc., necessary
to protect existing trees and forests.
(3) For projects that involve clearing or require
afforestation, the location of afforestation and reforestation areas
shall be clearly shown on a planting plan that will include all specifications
for implementing the planting and include a construction sequence
and proposed maintenance and monitoring agreement.
(4) Afforestation and reforestation areas shall
be monitored by the Town for a period of two (2) years following completion
of the project, and the developer will be responsible for replacing
any trees or plantings that do not survive and are necessary to maintain
compliance with the site plan and/or planting plan.
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 article.
(2) Land within the Resource Conservation Area
may be developed for residential uses at a density not to exceed one
(1) dwelling unit per twenty (20) acres. The Town may not grant a
variance to this density restriction per COMAR 27.01.02.05.C(4).
(3) Development activity within the RCAs shall
be consistent with the requirements and standards for LDAs as specified
in this Chapter. For the purposes of calculating limitations on lot
coverage, it is as follows:
(a)
When a site is mapped entirely as
RCA, lot coverage is based on the entire site area; and
(b)
When a portion of a lot or parcel
is mapped as RCA, lot coverage is based on the area of the RCA.
(4) 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
(1) dwelling unit per twenty (20) acres.
(5) New and/or expanded institutional, industrial, and commercial uses are prohibited in the RCA, except as expressly authorized under Table A(1) in §
128-35.
B. Process. Prior to commencing a development
activity on a site in a Resource Conservation Area, the applicant
shall follow the following process:
(1) A site-specific field investigation shall
be conducted by the applicant to identify forest areas, specimen trees,
streams, wetlands, sensitive environmental areas, and rare, threatened,
or endangered species habitat that may be present. Forested areas
and specimen trees shall be identified and shown on all site development
and subdivision plans in order to ensure that appropriate protection
measures are implemented.
(2) The applicant shall prepare a plan clearly
showing the limits of disturbance for the project and forested areas
to be conserved. The applicant shall show appropriate temporary tree
protection devices, including fencing, signs, berms, etc., necessary
to protect existing trees and forests.
(3) For projects that involve clearing or require
afforestation, the location of afforestation and reforestation areas
shall be clearly shown on a planting plan that will include all specifications
for implementing the planting and include a construction sequence
and proposed maintenance and monitoring agreement.
(4) Afforestation and reforestation areas shall
be monitored by the Town for a period of two (2) years following completion
of the project, and the developer shall be responsible for replacing
any trees or plantings that do not survive and are necessary to maintain
compliance with the site plan and/or planting plan.
C. Density. Land within the RCA may be developed
for residential uses at a density not to exceed one (1) dwelling unit
per twenty (20) acres. The Town may not grant a variance to this density
restriction per COMAR 27.01.02.05.C(4). In calculating the 1-in-20
acre density of development that is permitted on a parcel located
within the RCA, the Town:
(1) Shall count each dwelling unit; and
(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 (1) dwelling unit
per eight (8) acres; and
(b)
The area of private wetlands shall
be estimated based on vegetative information designated on the State
wetlands maps or by private survey approved by the Town, the Critical
Area Commission, and Maryland Department of the Environment.
A. Permitted uses.
(1) Permitted uses in the Critical Area shall be limited to those uses allowed by the underlying zoning classification as modified by Table A and the supplemental use standards in §
128-36 provided such uses meet all standards established by the Critical Area Overlay Zone.
Table A(1)
|
---|
Permitted Uses
|
---|
LEGEND:
|
---|
P = Permitted if allowed in the underlying
zoning district
|
---|
PC = Permitted with conditions if
allowed in the underlying zoning district
|
---|
NP = Not permitted
|
---|
Item
|
Use Description
|
Land Use Management Designation
|
---|
IDA
|
LDA
|
RCA
|
---|
1.00
|
RESIDENTIAL
|
1.10
|
Accessory dwelling unit
|
P
|
P
|
PC
|
2.00
|
INSTITUTIONAL
|
2.10
|
Existing institutional uses
|
P
|
P
|
PC
|
2.20
|
New institutional uses
|
P
|
P
|
NP
|
2.30
|
Cemetery
|
P
|
P
|
PC
|
2.40
|
Group home
|
P
|
P
|
PC
|
2.50
|
Day care
|
P
|
P
|
PC
|
3.00
|
COMMERCIAL
|
3.10
|
Existing commercial uses
|
P
|
P
|
PC
|
3.20
|
New commercial uses
|
P
|
P
|
NP
|
3.30
|
Home occupation
|
P
|
P
|
PC
|
3.40
|
Bed-and-breakfast facility
|
P
|
P
|
PC
|
4.00
|
MARITIME/WATER DEPENDENT
|
4.10
|
Expansion of existing commercial
marinas
|
P
|
P
|
PC
|
4.20
|
New marina, commercial
|
P
|
P
|
NP
|
4.30
|
Community piers and noncommercial
boat docking and storage
|
P
|
P
|
PC
|
4.40
|
Public beaches and public water-oriented
recreational and educational areas
|
P
|
P
|
PC
|
4.50
|
Research areas
|
P
|
P
|
PC
|
4.60
|
Fisheries activities
|
P
|
P
|
P
|
4.70
|
Private pier
|
P
|
P
|
P
|
5.00
|
RECREATION
|
5.10
|
Golf course
|
P
|
P
|
PC
|
6.00
|
INDUSTRIAL
|
6.10
|
Existing industrial uses
|
P
|
P
|
PC
|
6.20
|
New industrial uses
|
PC
|
PC
|
NP
|
6.30
|
Non-maritime heavy industry
|
PC
|
NP
|
NP
|
7.00
|
TRANSPORTATION/PARKING/COMMUNICATIONS/UTILITIES
|
7.10
|
Utility transmission facilities
|
PC
|
NP
|
NP
|
8.00
|
PUBLIC/QUASI-PUBLIC
|
8.10
|
Sanitary landfill; rubble fill
|
PC
|
NP
|
NP
|
8.20
|
Solid or hazardous waste collection
or disposal facilities
|
PC
|
NP
|
NP
|
8.30
|
Sludge facilities
|
PC
|
NP
|
NP
|
9.00
|
OTHER
|
9.10
|
Nonwater Dependent Structures on
Piers
|
PC
|
NP
|
NP
|
The following supplemental use standards
apply to the permitted uses listed in Table A(1) above and shall apply
when the permitted use is allowed in the underlying zoning district.
A. Accessory dwelling unit.
(1) If a permitted use in the underlying zoning
district, 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 one hundred (100) feet of the
primary dwelling unit and does not exceed nine hundred (900) square
feet in total enclosed areas; or
(b)
Is located within the primary dwelling
unit and does not increase the lot coverage already attributed to
the primary dwelling unit.
(2) An additional dwelling unit meeting all
of the provisions of this section may not be subdivided or conveyed
separately from the primary dwelling unit; and
(3) 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.
B. Existing institutional uses.
(1) Existing institutional facilities, including
those that directly support agriculture, forestry, aquaculture, or
residential development, shall be allowed in Resource Conservation
Areas.
(2) Expansion of existing institutional facilities and uses in the Resource Conservation Area shall be subject to the nonconforming use provisions of this article and the grandfathering provisions in §
128-38 and may require growth allocation.
C. New institutional uses.
(1) New institutional facilities and uses,
except those specifically listed in Table A(1), shall not be permitted
in Resource Conservation Areas.
(2) Certain institutional uses may be permitted
in a Resource Conservation Area if allowed in the underlying zoning
district and if the use complies with all requirements for such uses
as provided in the Town Zoning Ordinance. These institutional uses
are limited to:
(a)
A cemetery that is an accessory use
to an existing church, provided man-made lot coverage is limited to
fifteen percent (15%) of the site or twenty thousand (20,000) square
feet, whichever is less;
(b)
A day-care facility in a dwelling
where the operators live on the premises, and there are no more than
eight (8) children; and
(c)
A group home or assisted living facility
with no more than eight (8) residents; and
(d)
Other similar uses determined by
the municipality and approved by the Critical Area Commission to be
similar to those listed above.
D. Existing industrial and commercial uses.
(1) Existing industrial and commercial facilities
and uses, including those that directly support agriculture, forestry,
aquaculture, or residential development, shall be allowed in Resource
Conservation Areas.
(2) Expansion of existing industrial and commercial facilities and uses in the Resource Conservation Area shall be subject to the nonconforming use provisions of this article and the grandfathering provisions in §
128-38 and may require growth allocation.
E. New commercial uses.
(1) New commercial uses, except those specifically
listed in Table A(1), shall not be permitted in Resource Conservation
Areas.
(2) Certain commercial uses may be permitted
in the Resource Conservation Area if allowed in the underlying zoning
district and if the use complies with all requirements for such uses
as provided in the Town Zoning Ordinance. These commercial uses are
limited to:
(a)
A home occupation as an accessory
use on a residential property and as provided for in the Town's Zoning
Ordinance;
(b)
A bed-and-breakfast facility located
in an existing residential structure and where meals are prepared
only for guests staying at the facility;
(c)
Other uses determined by the municipality
and approved by the Critical Area Commission to be similar to those
listed above.
F. Expansion of existing commercial marinas.
(1) Expansion of existing commercial marinas
may be permitted within Resource Conservation Areas, provided that;
(a)
Water
quality impacts are quantified, and appropriate best management practices
that address impacts are provided;
(i)
It will result in an overall net
improvement in water quality at or leaving the site of the marina;
(ii) The marina meets the
sanitary requirements of the Department of the Environment; and
(iii) Expansion is permitted
under the nonconforming use provisions of this article.
(2) Expansion of existing commercial marinas
may be permitted in the buffer in the Intensely Developed Areas and
Limited Development Areas, provided that the applicant demonstrates
that:
(a)
The project meets a recognized private
right or public need;
(b)
Adverse effects on water quality,
fish, plant, and wildlife habitat are minimized;
(c)
Insofar as possible, nonwater-dependent
structures or operations associated with water-dependent projects
or activities are located outside the buffer; and
(d)
Expansion is permitted under the
nonconforming use provisions of this article.
G. New marina, commercial.
(1) New commercial marinas shall not be permitted
in Resource Conservation Areas.
(2) New commercial marinas may be permitted
in Limited Development Areas and Intensely Developed Areas if allowed
in the underlying zoning, provided:
(a)
New marinas shall establish a means
of minimizing the discharge of bottom wash waters into tidal waters.
(b)
New marinas meet the sanitary requirements
of the Maryland Department of the Environment.
(c)
New
marinas may be permitted in the buffer in the Intensely Developed
Areas and Limited Development Areas, provided that it can be shown
that:
(i)
The project meets a recognized private
right or public need;
(ii) Adverse effects on
water quality, fish, plant, and wildlife habitat are minimized; and
(iii) Insofar as possible,
nonwater-dependent structures or operations associated with water-dependent
projects or activities are located outside the buffer.
H. Community piers and noncommercial boat
docking and storage.
(1) 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 article, provided
that:
(a)
These facilities may not offer food,
fuel, or other goods and services for sale and shall provide adequate
and clean sanitary facilities;
(b)
The facilities are community-owned
and established and operated for the benefit of the residents of a
platted and recorded riparian division.
(c)
The facilities are associated with
a residential development approved by the Town for the Critical Area
and consistent with all state requirements and the requirements of
this article applicable to the Critical Area;
(d)
Disturbance to the buffer is the
minimum necessary to provide a single point of access to the facilities;
and
(e)
If community piers, slips, or moorings
are provided as part of the new development, private piers in the
development are not allowed.
(2) Number of slips or piers permitted. The number of slips or piers permitted at the facility shall be the lesser of Subsection
H(2)(a) or
(b) below:
(a)
One slip for each fifty (50) feet
of shoreline in the subdivision in the Intensely Developed and Limited
Development Areas and one slip for each three hundred (300) feet of
shoreline in the subdivision in the Resource Conservation Area; or
(b)
A density of slips or piers to platted
lots or dwellings within the subdivision in the Critical Area according
to the following schedule:
Table H(2)(b)
|
---|
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
|
I. Public beaches and public water-oriented
recreational and educational areas.
[Amended 8-4-2022 by Ord. No. 735; effective 8-14-2022]
(1) 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.
(2) These facilities may be permitted within
the buffer in Limited Development Areas and Resource Conservation
Areas, provided that:
(a)
Adequate sanitary facilities exist;
(b)
Service facilities are, to the extent
possible, located outside of the buffer;
(c)
Permeable surfaces are used, to the
extent practicable, if no degradation of groundwater would result;
(d)
Disturbance to natural vegetation
is minimized; and
(e)
Areas for possible recreation, such
as nature study, and hunting and trapping, and for education, may
be permitted in the buffer within Limited Development Areas and Resource
Conservation Areas if service facilities for these uses are located
outside of the buffer.
J. Research areas.
[Amended 8-4-2022 by Ord. No. 735; effective 8-14-2022]
(1) Water-dependent research facilities or
activities operated by State, federal, or local agencies or educational
institutions may be permitted in the Buffer, if nonwater-dependent
structures or facilities associated with these projects are located
outside of the Buffer.
K. Fisheries activities.
[Amended 8-4-2022 by Ord. No. 735; effective 8-14-2022]
(1) Commercial water-dependent fisheries and
aquaculture including, but not limited to structures for crab shedding,
fish off-loading docks, shellfish culture operations, shore-based
facilities necessary for aquaculture operations and fisheries activities,
and a facility or activity that supports water quality restoration
may be permitted in the Buffer in Intensely Developed Areas, Limited
Development Areas, and Resources Conservation Areas.
L. Golf course.
(1) A golf course, excluding main buildings
and/or structures such as the clubhouse, pro-shop, parking lot, etc.,
may be permitted in Resource Conservation Areas, provided that:
(a)
Such use is permitted in the underlying
zoning; and
(b)
Development is in accordance with
the official guidance adopted by the Critical Area Commission on August
3, 2005.
M. Existing industrial uses.
(1) Existing industrial facilities and uses,
including those that directly support agriculture, forestry, or aquaculture,
may be permitted in Resource Conservation Areas.
(2) Expansion of existing industrial facilities and uses in the Resource Conservation Areas shall be subject to the nonconforming use provisions of this article and the grandfathering provisions in §
128-38 and may require growth allocation.
N. New industrial uses.
(1) New industrial uses shall not be permitted
in Resource Conservation Areas.
(2) New, expanded, or redeveloped industrial
facilities may only be permitted in Limited Development Areas, and
Intensely Developed Areas if permitted uses in the underlying zoning
district, and provided such facilities meet all requirements for development
in the Limited Development Area and Intensely Developed Areas.
(3) New, expanded, or redeveloped water-dependent
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 Area.
O. Nonmaritime heavy industry.
(1) Nonmaritime heavy industry may be permitted
if:
(a)
The site is located in an Intensely
Developed Area; and
(b)
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.
P. Utility transmission facilities.
(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 provided that:
(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.
(2) These provisions do not include power plants.
Q. Sanitary landfill; rubble fill.
(1) Sanitary landfills or rubble fills shall
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.
(2) Existing, permitted facilities shall be
subject to the standards and requirements of the Department of the
Environment.
R. Solid or hazardous waste collection or
disposal facilities.
(1) Solid or hazardous waste collection or
disposal facilities, including transfer stations, shall 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.
(2) Existing, permitted facilities shall be
subject to the standards and requirements of the Department of the
Environment.
S. Sludge facilities.
(1) Permanent sludge handling, storage, and
disposal facilities, other than those associated with wastewater treatment
facilities, shall not be permitted in the Critical Area unless:
(a)
The facility or activity is located
in an Intensely Developed Area; and
(b)
The applicant 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) 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 one-hundred-foot buffer.
T. Nonwater-Dependent Structures on Piers.
(1) Except as provided in Subsection
T(2) and
(3) of this section and notwithstanding any other provisions of the law, the Town may not issue a building permit or any other approval to authorize a nonwater dependent project located on State or private wetlands within the Critical Area.
(2) The Town may issue a building permit or
any other approval to authorize a nonwater dependent project located
on State or private wetlands within the Critical Area if the project:
(a)
Involves a commercial activity that
is permitted as a secondary or accessory use to a permitted primary
commercial use;
(b)
Is not located on a pier that is
attached to residentially, institutionally, or industrially used property;
(d)
Is approved by the Planning Commission;
(e)
Allows or enhances public access
to State wetlands;
(f)
Does not expand beyond the length,
width, or channelward encroachment of the pier on which the project
is constructed;
(g)
Has a height of up to 18 feet unless
the project is located at a marina; and
(h)
Is
up to 1,000 square feet in total area; or
(i)
Is located on a pier that was in
existence on or before December 31, 2012
(ii) Satisfies all of the requirements under Subsection
T(2)(a) through
(g) of this section; and
(iii) If applicable, has
a temporary or permanent roof structure or covering up to 1,000 square
feet in total area.
(3) The Town may issue a building permit or
other approval to authorize a nonwater-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:
(a)
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;
(b)
Is
located in:
(i)
The Chesapeake and Atlantic Coastal
Bays Critical Area and the project is authorized under a program amendment
to the Denton's Critical Area Program approved on or after July 1,
2013, if the approved program amendment includes necessary changes
to Denton's zoning, subdivision, and other ordinances so as to be
consistent with or more restrictive than the requirements provided
under this subsection; or
(ii) An area that has been
excluded from the Denton's Critical Area Program that has been adopted
or approved by the Critical Area Commission for the Chesapeake and
Atlantic Coastal Bays;
(c)
Is approved by the Planning Commission;
(d)
A building permit or other approval issued under the requirements in Subsection
T(3) above may include the installation or placement of:
(i)
A solar energy system attached to
a pier of the device or equipment associated with that system does
not extend more than:
[1] Four (4) feet above
or 18 inches below the deck of the pier; or
[2] One (1) foot beyond
the length or width of the pier;
(ii) A solar energy system
attached to a piling if there is only one solar panel per boat slip;
(iii) 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;
(iv) 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
longshore drift; or
[3] Cause significant individual
or cumulative thermal impacts to aquatic resources; or
(v)
A wind energy system attached to
a pier if there is only one (1) 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 (4) 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.
A. Growth allocation acreage.
(1) Growth allocation available to the Town
includes:
(a)
An area equal to five percent (5%)
of the RCA acreage located within the Town and/or;
(b)
Growth allocation available to the
Town as provided for by Caroline County.
(2) As of the date of adoption of this article,
there is no specific acreage of growth allocation allotted to the
Town. The county will review potential growth allocation requests
from the Town on a case-by-case basis.
(3) The Town shall deduct acreage from its
growth allocation reserves in accordance with COMAR 27.01.02.06-4.
B. Growth Allocation Floating Zone District.
(1) Purpose. The Growth Allocation Floating
Zone is not mapped but is designated for use in areas classified as
Resource Conservation Areas and/or Limited Development Areas within
the Town Critical Area Overlay District. The purpose of the floating
zone is to permit a change in the land management classification established
in the Critical Area Overlay District on specific sites so that they
may be developed to the extent permitted by the underlying zoning
classification or the land use management classification. Only projects
approved by the Town Council and the Critical Area Commission for
the award of the Critical Area Growth Allocation are eligible for
the floating zone district.
(2) Designation of floating zones.
(a)
The Growth Allocation District shall
be a floating zone.
(b)
The Growth Allocation District provides
for changing the land management classification of Resource Conservation
Areas and Limited Development Areas in the Critical Area Overlay District.
C. Standards. When locating new Intensely
Developed Areas (IDA) or Limited Development Areas (LDA), the following
requirements shall apply:
(1) A new IDA shall only be located in a LDA
or adjacent to an existing IDA.
(2) A new LDA shall only be located adjacent
to an existing LDA or an IDA.
(3) New IDA shall be at least twenty (20) acres
in size unless:
(a)
They are contiguous to an existing
IDA or located in a LDA; or
(b)
They are a grandfathered commercial
or industrial use that existed as of March 1989, and the project is
consistent with the Town's Comprehensive Plan. 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 Town's growth allocation may be located in Resource Conservation Areas (RCA) except as provided in Subsection
C(9) below.
(5) A new LDA or IDA shall be located in a
manner that minimizes impacts to Habitat Protection Areas as defined
herein and in COMAR 27.01.09, as amended from time to time, and in
an area and manner that optimizes benefits to water quality.
(6) A new IDA shall only be located where it
minimizes impacts to the permitted land uses of the RCA.
(7) A new IDA or a LDA in a RCA shall be located
at least three hundred (300) feet beyond the landward edge of tidal
wetlands or tidal waters, unless the Town proposes and the Commission
approves alternative measures for enhancement of water quality and
habitat that provide greater benefits to the resources.
(8) New IDA or LDA to be located in RCA shall
conform to all criteria of this article for such areas, shall be so
designated on the Town Critical Area Maps, and shall constitute an
amendment to this article, subject to review and recommendation by
the Planning Commission and the approval of the Town Council and the
Critical Area Commission, as provided herein.
(9) The Town Council recognizes that the Town may not be able to utilize growth allocation acreage in the locations outlined in Subsection
C(1) and
(2) above and/or may not satisfy the 20-acre size threshold outlined in Subsection
C(3) above. In addition, the Town Council recognizes that the majority of its critical area lands for which growth allocation is planned are currently classified as Resource Conservation Areas. Accordingly, if the Town is unable to satisfy any or all of the criteria outlined in Subsection
C(1) through
(4), the Town may utilize a portion of its growth allocation in a manner that varies from Subsection
C(1),
(2),
(3), and/or
(4) above, provided that the area receiving growth allocation meets the following standards:
(a)
Any development will be serviced
by public water and sewer;
(b)
The area is located in a Priority
Funding Area;
(c)
The development is consistent with
the Denton Comprehensive Plan; and
(d)
The development will have an overall
economic benefit to the community or implement a specific goal, objective,
or policy of the Denton Comprehensive Plan.
(10)
For residential development, the
area to be developed shall be limited to no more than the underlying
zoning requirements or 85% of the site, whichever is the lesser amount.
(11)
In addition to meeting the minimum
requirements of the Critical Area regulations, the Planning Commission
reserves the right to require additional water quality and/or wildlife
habitat improvements in the project design.
(12)
For residential development, a community pier shall be provided rather than individual private piers consistent with standards included in §
128-36 and Table H(2)(b).
D. Additional factors. In reviewing map amendments
or refinements involving the use of growth allocation, the Town shall
consider the following factors:
(1) Consistency with the Town'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:
(b)
Timing of the implementation of the
plan of development, and rezoning;
(e)
Densities or intensities.
(2) For a map amendment or refinement involving
a new LDA, whether the development is:
(a)
To be served by a public wastewater
system or septic system that uses the best available nitrogen removal
technology;
(b)
A completion of an existing subdivision;
(c)
An expansion of an existing business;
or
(3) For a map amendment or refinement involving
a new IDA, whether the development is:
(a)
To be served by a public wastewater
system;
(b)
If greater than twenty (20) acres,
to be located in a designated Priority Funding Area; and
(c)
To have a demonstrable economic benefit.
(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 the site;
(6) Impacts on a Priority Preservation Area;
(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 the
location in a coastal hazard area or an increased risk of severe flooding
attributable to the proposed development.
E. Application.
(1) An application for the GA Floating Zone
shall include the following submissions:
(a)
The subdivision history of parcels
designated as RCA. 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;
(b)
Concept Plan, as provided in (2)
below.
(c)
Information required by COMAR 27.01.02.06-1;
(d)
Environmental report as per COMAR
27.01.02.06-2; and
(e)
Such other information and documentation
as the Planning Commission or the Town Council may require.
(f)
Ten (10) copies of the application
for the GA Floating Zone and all required submissions submitted to
the Planning and Codes.
(2) Concept Plans. Unless waived by the Planning
Commission at the applicant's request, concept plans accompanying
applications for the GA Floating Zone shall include the following
information:
(a)
Boundary Survey, including identification
of adjacent property owners;
(b)
Existing
condition, including:
(i)
Topographic survey (minimum 1' contour
interval);
(iii) Forested areas and
tree lines;
(iv) Wetlands, wetland buffers,
floodplain, hydric soils, streams, and water features;
(v)
Habitat protection areas;
(vii) Easements and deed
restrictions;
(viii) Roads, driveways,
and rights-of-way;
(x)
General location of storm surge boundaries
for all categories of storm events; and
(c)
Proposed open space, protected areas,
and public and private parks;
(d)
Pedestrian and vehicular circulation
plan showing the dominant street configuration and pedestrian walking
and biking alignments;
(e)
A detailed
plan of at least one (1) phase, showing all applicable features:
(iii) Commercial area plan,
if applicable;
(iv) Public and private
open space(s);
(3) Studies and reports by qualified professionals:
(a)
Nontidal wetlands delineation;
(b)
Habitat protection areas study prepared
by qualified professionals; and
(c)
A concept plan indicating how stormwater
will be managed on the site.
F. Process. Growth allocation floating zone amendments shall be processed as provided in §
128-167 and §
128-176 prior to submission to the Critical Area Commission for review and approval.
A. Continuation of existing uses.
(1) The continuation, but not necessarily the
intensification or expansion, of any use in existence on April 3,
1989, may be permitted unless the use has been abandoned for more
than one year or is otherwise restricted by existing municipal ordinances.
(2) If any existing use does not conform with the provisions of this article, its intensification or expansion may be permitted only in accordance with the variance procedures in §
128-39.
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
article.
(a)
A legal parcel of land, not being
part of a recorded or approved subdivision, that was recorded as of
December 1, 1985;
(b)
Land that received a building permit
subsequent to December 1, 1985, but prior to March 1989;
(c)
Land that was subdivided into recorded,
legally buildable lots, where the subdivision received final approval
between June 1, 1984, and December 1, 1985; or
(d)
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 article or
the area of the land has been counted against the growth allocation
permitted under this article.
(e)
Any land on which development activity
has progressed to the point of pouring of foundation footings or the
installation of structural members.
C. Consistency. To implement 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.
Nothing in this section may be interpreted as altering any requirements
of this article related to water-dependent facilities or Habitat Protection
Areas.
A. Applicability. The Town has established
provisions where, owing to special features of a site or other circumstances,
implementation of this article or a literal enforcement of provisions
within this article would result in unwarranted hardship to an applicant,
a Critical Area variance may be obtained.
(1) In considering an application for a variance,
the Town 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
the Natural Resources Article of the Annotated Code of Maryland, § 8-1801,
COMAR Title 27, as amended from time to time, and the requirements
of this article.
(2) "Unwarranted hardship" means 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.
B. 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.
C. Standards. The provisions for granting
such variance shall include evidence submitted by the applicant that
the following standards are met:
(1) Special conditions or circumstances exist
that are peculiar to the land or structure involved and that literal
enforcement of provisions and requirements of this article would result
in unwarranted hardship;
(2) A literal interpretation of the provisions
of this article will deprive the applicant of the use of land or a
structure permitted to others in accordance with the provisions of
this Critical Area Ordinance;
(3) The granting of a variance will not confer
upon an applicant any special privilege that would be denied by this
Critical Area Ordinance to other lands or structures within the Critical
Area;
(4) The variance request is not based upon
conditions or circumstances which are the result of actions by the
applicant, including the commencement of development activity before
an application for a variance has been filed, nor does the request
arise from any condition relating to land or building use, either
permitted or nonconforming on any neighboring property; and
(5) The granting of a variance shall not adversely
affect water quality or adversely impact fish, wildlife, or plant
habitat within the Critical Area, and the granting of the variance
will be in harmony with the general spirit and intent of the State
Critical Area Law and this article.
D. Process. Applications for a variance will
be made, in writing, to the Board of Appeals with a copy provided
to the Critical Area Commission. The Board of Appeals shall follow
its established procedures for advertising and notification of affected
landowners.
(1) After hearing an application for a Critical
Area Ordinance variance, the Board of Appeals shall make written findings
reflecting analysis of each standard.
(2) If the variance request is based on conditions
or circumstances that are the result of actions by the applicant,
the Board of Appeals shall consider that fact.
(3) The applicant has the burden of proof and the burden of persuasion to overcome the presumption of nonconformance established in Subsection
A above.
(4) The Board of Appeals shall notify the Critical Area Commission of its findings and decision to grant or deny the variance request in accordance with Subsection
G below.
E. Findings. Based on competent and substantial evidence, the Board of Appeals shall make written findings on whether the applicant has overcome the presumption of nonconformance as established in Subsection
A above and, if applicable, Subsection
B above. With due regard for the person's technical competence and specialized knowledge, the written findings may be based on evidence introduced and testimony presented by:
(2) The Town or any other government agency;
or
(3) Any other person deemed appropriate by
the Board of Appeals.
F. If the variance request is based on conditions or circumstances that are the result of actions by the applicant, the Board of Appeals shall consider that fact and whether the application has met the requirements of Subsection
I below.
G. The applicant has the burden of proof and the burden of persuasion to overcome the presumption of nonconformance established in Subsection
A above.
H. Within ten (10) working days after issuance
of a written variance decision, the Board of Appeals shall notify
the Critical Area Commission of its findings and decision to grant
or deny the variance request.
I. After-the-Fact Requests.
(1) The Town will not accept an application
of a variance to legalize a violation of this subtitle, including
an unpermitted structure or other development activity until:
(a)
Issues a notice of violation; and
(b)
Assesses an administrative or civil
penalty for the violation.
(2) The Town will not approve an after-the-fact
variance unless an applicant has:
(a)
Fully paid all administrative, civil,
and criminal penalties imposed under Natural Resources Article, § 8-1808(c)(l)(iii)14-15
and (2)(i), Annotated Code of Maryland;
(b)
Prepared a restoration or mitigation
plan, approved by the local jurisdiction, to abate impacts to water
quality or natural resources as a result of the violation; and
(c)
Performed the abatement measures
in the approved plan in accordance with this Chapter or posted a bond
for the abatement measures pending the outcome of the variance request.
(3) If the Board of Appeals denies the requested
after-the-fact variance, then the Town shall:
(a)
Order removal or relocation of any
structure; and
(b)
Order restoration of the affected
resources.
(4) Application for an after-the-fact 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.
J. Appeals. Appeals from decisions concerning
the granting or denial of a variance under these regulations shall
be taken in accordance with all applicable laws and procedures of
the Board of Appeals for variances. Variance decisions by the Board
of Appeals may be appealed to the Circuit Court within thirty (30)
days of the date on which the Board of Appeals issues its written
decision 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 article.
K. Conditions and mitigation. The Board of
Appeals shall impose conditions on the use or development of a property
which is granted a variance as it may find reasonable to ensure that
the spirit and intent of this article are maintained, including, but
not limited to, the following:
(1) Adverse impacts resulting from the granting
of the variance shall be mitigated as recommended by the appropriate
local body or approving authority, but not less than by planting on
the site per square foot of the variance granted at no less than a
three-to-one basis.
(2) New or expanded structures or lot coverage
shall be located the greatest possible distance from mean high water,
the landward edge of tidal wetlands, tributary streams, nontidal wetlands,
or steep slopes.
L. Commission notification. Within ten (10)
working days after a written decision regarding a variance application
is issued, a copy of the decision will be sent to the Critical Area
Commission. The Town may not issue a permit for the activity the subject
of the application until the applicable thirty-day appeal period has
elapsed.
A. Applicability. The provisions of this section
apply to consolidation or a reconfiguration of any nonconforming legal
grandfathered parcel or lot in the Limited Development Area (LDA)
and Resource Conservation Area (RCA). These provisions do not apply
to the reconfiguration or consolidation of parcels or lots which are
conforming or meet all Critical Area requirements. "Conforming" does
not include a parcel or lot:
(1) For which a Critical Area variance is sought
or has been issued; or
(2) That is located in the Resource Conservation
Area and is less than twenty (20) acres in size.
B. Procedure. An applicant seeking a parcel
or lot consolidation or reconfiguration shall provide the information
required in COMAR 27.01.02.08.E, as amended from time to time, to
the Town.
(1) The Town may not approve a proposed parcel
or lot consolidation or reconfiguration without making written findings
in accordance with COMAR 27.01.02.08.F, as amended from time to time.
(2) The Town shall issue a final written decision
or order granting or denying an application for consolidation or reconfiguration.
(3) 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 ten (10) business days,
by U.S. mail, to the Critical Area Commission's business address.
A. Amendments. The Denton Town Council may,
from time to time, amend the Critical Area provisions of this article.
Changes may include but are not limited to, amendments, revisions,
and modifications to the Critical Area regulations, Critical Area
Maps, implementation procedures, and local policies that affect the
Town's Critical Area. 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 the
approval of the Critical Area Commission. Standards and procedures
for Critical Area Commission approval of proposed amendments are as
set forth in the Critical Area Law § 8-1809(i) and § 8-1809(d)
of the Natural Resources Article of the Annotated Code of Maryland,
respectively.
B. Zoning Map amendments. Except for ordinance
amendments or ordinance refinements developed during a six-year comprehensive
review, a Zoning Map amendment may only be granted by the Town 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:
(1) Are wholly consistent with the Critical
Area land classifications (IDA, LDA, RCA, and MBA) as shown on the
adopted Critical Area Overlay Map; or
(2) The use of growth allocation in accordance
with the growth allocation provisions of this article is proposed.
C. Process.
(1) When an amendment is requested, the applicant
shall submit the amendment to the Planning Commission for review and
recommendation. Upon completing findings of fact, these documents
shall be forwarded to the Town Council.
(2) The Town Council shall hold a public hearing
at which parties of interest and citizens shall have an opportunity
to be heard. At least fourteen (14) days' notice of the time and place
of such hearing shall be published in a newspaper of general circulation
in the Town of Denton.
(3) After the Town Council has approved an
amendment, it shall forward its decision and applicable resolutions
along with the amendment request to the Critical Area Commission for
final approval.
A. Consistency. The Critical Area provisions
of this article, in accordance with the Critical Area Act and criteria,
supersede any inconsistent law, chapter, or plan of the Town of Denton.
In the case of conflicting provisions, the stricter provisions shall
apply.
B. Violations.
(1) No person shall violate any provision of
this article. Each violation that occurs and each calendar day that
a violation continues shall be a separate offense.
(2) Each person who violates a provision of
this article shall be subject to separate administrative, civil penalties,
abatement and restoration orders, and mitigation for each offense.
(3) Noncompliance with any permit or order
issued by the Town related to the Critical Area shall be a violation
of this article and shall be enforced as provided herein.
C. Responsible persons. The following persons
may each be held jointly or severally responsible for a violation:
(1) Persons who apply for or obtain any permit
or approval;
(6) Any person who has committed, assisted
or participated in the violation(s).
D. Required enforcement action. In the case
of violations of this article, the Town shall take enforcement action,
including:
(1) Assess administrative civil penalties as
necessary to cover the costs associated with 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;
(2) Issue abatement, restoration, and mitigation
orders as necessary to:
(a)
Stop unauthorized activity;
(b)
Restore and stabilize the site, as
appropriate, to its condition prior to the violation or to a condition
that provides the same water quality and habitat benefits; and
(c)
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. Right to enter property. Except as otherwise
authorized and in accordance with the procedures specified herein,
the Town Council or its designee may obtain access to and enter a
property in order to identify or verify a suspected violation, restrain
a development activity, or issue a citation if the Town has probable
cause to believe that a violation of this article has occurred, is
occurring, or will occur. The Town shall make a reasonable effort
to contact a property owner before obtaining access to or entering
the property. If entry is denied, the Town may seek an injunction
to enter the property to pursue an enforcement action.
F. Administrative civil penalties. In addition to any other penalty applicable under state or town law, every violation of a provision of the Natural Resources Article of the Annotated Code of Maryland, § 8-1801, and/or the Critical Area provisions of this article shall be punishable by a civil penalty as established by the Town of Denton penalty schedule adopted by resolution of the Town Council and may be amended from time to time, with a maximum penalty of up to $10,000 per calendar day. In addition to the standards as set forth herein, prosecution of violations and penalties shall be in accordance with Chapter
94, the Denton Property Maintenance Code, and Chapter
38, the Denton Building Code.
(1) Before imposing any civil penalty, the
person(s) believed to have violated this article shall receive written
notice of the alleged violation(s) by certified mail, regular mail,
property posting, etc., 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 violation and in accordance with this section.
For each continuing violation, the amount of the civil penalty shall
be determined per day and deemed a separate offense. In determining
the amount of the civil penalty, the Town 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 Town for performing, supervising, or rendering
assistance to the restoration and mitigation.
(2) 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 for each separate offense. The total amount payable for
continuing violations shall be assessed per day for each violation
multiplied by the number of days that each violation has continued.
(3) The person responsible for any continuing
violation shall promptly provide the Town with written notice of the
date(s) the violation has been or will be brought into compliance
and the date(s) for the Town's inspection to verify compliance. Administrative
civil penalties for continuing violations continue to accrue as set
forth herein until the Town receives such written notice and verifies
compliance by inspection or otherwise.
(4) Assessment and payment of administrative
civil penalties shall be in addition to and not in substitution for
recovery by the Town of all damages, costs, and other expenses caused
by the violation.
(5) Payment of all administrative civil penalties
assessed shall be a condition precedent to the issuance of any permit
or other approval required by this article.
(6) Unpaid expenses in the prosecution of a
violation or violations shall be subject to a lien against the property.
G. Cumulative remedies. The remedies available
to the Town under this article are cumulative and not alternative
or exclusive, and the decision to pursue one remedy does not preclude
the pursuit of others.
H. Injunctive relief. The Town is authorized
to institute injunctive or other appropriate actions or proceedings
to bring about the discontinuance of any violation of this article,
an administrative order, a permit, a decision, or other imposed condition.
(1) The pendency of an appeal to the Board
of Appeals or subsequent judicial review shall not prevent the Town
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.
I. Variances pursuant to a violation. Upon citing a violation, the Town may accept an application for a variance regarding a parcel or lot that is subject to a current violation of this subsection or any provisions of an order, permit, plan, or this article in accordance with the variance provisions of this article. However, the application shall not be reviewed, nor shall a final decision be made, until all abatement, restoration, and mitigation measures have been implemented and inspected by the Town of Denton. The property may be required to post a bond equal to 125% of the value of the cost of all abatement, restoration, and mitigation measures. Application for a variance constitutes a waiver to the right to appeal under Subsection
K below.
J. Permits pursuant to a violation. Failure
to complete the required conditions of approval shall constitute a
separate violation. The Town may not issue any permit, approval, variance,
or special exception unless the person seeking the permit has:
(1) Fully paid all administrative, civil, or criminal penalties as set forth in Subsection
F above;
(2) Prepared a restoration or mitigation plan,
approved by the Town, 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 Town regulations; and
(4) Unless an extension of time is approved
by the Town 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.
K. Appeals. An appeal in accordance with Chapter
94, Means of appeal, of the Denton Property Maintenance Code may be filed by any person aggrieved by any order, requirement, decision, or determination by an officer or official of the Town of Denton in connection with the administration and enforcement of this article.
(1) An appeal is taken by filing a written
notice of appeal with the Board of Appeals in accordance with the
provisions in the Denton Zoning Ordinance and accompanied by the appropriate
filing fee.
(2) An appeal must be filed within 20 days
after the date of the decision or order being appealed; and
(3) An appeal stays all actions by the Town
seeking enforcement or compliance with the order or decisions being
appealed unless the Town certifies to the Board of Appeals that (because
of facts stated in the certification) such stay will cause imminent
peril to life or property. In such a case, action by the Town shall
not be stayed except by order of the Board of Appeals or a court on
application of the party seeking the stay.
A. Applicability and delineation. An applicant
for development activity or a change in land use shall apply all of
the required standards for a minimum one-hundred-foot buffer as described
in this section. Governmental or public development activity shall
comply with the provisions of the Code of Maryland ("COMAR") Title
27 Subtitle 02. The minimum one-hundred-foot buffer shall be delineated
in the field and shall be shown on all applications as follows:
(1)
The minimum one-hundred-foot buffer
is delineated landward from:
(a)
The mean high-water line of tidal
water;
(b)
The edge of each bank of a tributary
stream; and
(c)
The upland boundary of a tidal wetland.
(2)
The buffer shall be expanded beyond the minimum one-hundred-foot buffer as described in Subsection
A(1) above and the minimum two-hundred-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 one-hundred-foot buffer that
is associated with a nontidal wetland of special state concern as
stated in COMAR 26.23.06.01, as amended from time to time;
(d)
For
an area of hydric soils or highly erodible soils, the lesser of:
(i) The landward edge of
the hydric or highly erodible soils; or
(ii) Three hundred feet
where the expansion area includes the minimum one-hundred-foot buffer.
(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:
(a)
An expanded buffer in accordance with Subsection
A(2) above; or
(b)
A buffer of at least 200 feet from
a tidal waterway or tidal wetlands; and a buffer of at least 100 feet
from a tributary stream, whichever is greater.
(4)
The provisions of Subsection
A(3) above do not apply if:
(a)
The application for subdivision or
site plan approval was submitted before July 1, 2008, and legally
recorded (subdivisions) or received approval (site plans) by July
1, 2010;
(b)
The application involves the use
of growth allocation.
B. Permitted activities. If approved by the Town, disturbance to the 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 section.
(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, as
amended from time to time, and this article;
(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
one-hundred-foot buffer; and
(c)
Mitigation occurs at a 2:1 ratio
based on the lot coverage of the proposed development activity in
the expanded buffer.
(5)
A new or replacement septic system
on a lot created before April 3, 1989, where:
(a)
The Caroline County Health Department
has determined the buffer is the only available location for the septic
system; and
(b)
Mitigation is provided at a one-to-one
ratio for the area of canopy cleared of any forest or developed woodland.
(6)
Riparian access for water access,
where mitigation is required at a rate of 2:1.
C. Buffer establishment in vegetation. An
applicant for 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 one-hundred-foot buffer shall
establish the buffer in vegetation if the buffer is not fully forested
or fully established in woody or wetland vegetation. The Town shall
require a Buffer Management Plan in accordance with the standards
of this Section.
(1)
The provisions of this section apply
to:
(a)
A new subdivision or a new lot;
(b)
A lot or parcel that is converted
from one land use to another;
(c)
Development or redevelopment on a
lot or parcel created before January 1, 2010.
(2)
The provisions of this section do
not apply to the in-kind replacement of a structure.
(3)
If a buffer is not fully forested
or fully established in woody or wetland vegetation, the buffer shall
be established through planting in accordance with COMAR 27.01.09.01-1C,
as amended from time to time.
(4)
A local jurisdiction may authorize
an applicant to deduct from the total establishment requirement an
area of lot coverage removed from the buffer if:
(a)
The lot coverage existed before the
date of local program adoption or was allowed by local procedures;
and
(b)
The total area is stabilized.
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 Section.
(1)
Authorized development activities
may include a variance, subdivision, site plan, shore erosion control
permit, building permit, grading permit, a septic system approved
by the Caroline County Health Department on a lot created before April
3, 1989, and special exception.
(2)
All authorized development activities
shall be mitigated according to COMAR 27.01.09.01-2, as amended from
time to time.
(3)
All unauthorized development activities
in the buffer shall be mitigated at a ratio of 4:1 for the limit 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 the Town may permit planting in the
following order of priority:
(a)
On site and adjacent to the buffer;
and
(b)
On site elsewhere in the Critical
Area.
(c)
A fee in lieu as referenced in Subsection
G below.
(5)
The installation or cultivation of
new lawn or turf in the Buffer is prohibited.
E. Buffer planting standards.
(1)
An applicant required to plant the
buffer for buffer establishment or buffer mitigation shall apply the
planting standards set forth in COMAR 27.01.09.01-2, as amended from
time to time.
(2)
A variance to the planting and mitigation
standards of this article is not permitted.
F. Required submittal of Buffer Management
Plans. An applicant 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, as amended from time to time, with
the application for the specific activity. The provisions of this
Section 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:
(a)
Fully establishing the buffer;
(b)
Partially establishing an area of
the buffer equal to the net increase in lot coverage, or
(c)
Partially establishing an area of
the buffer equal to the total lot coverage.
(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 the Town.
(3)
An applicant may not obtain final
approval of a subdivision application until the Buffer Management
Plan has been reviewed and approved by the Town.
(4)
The Town may not approve a Buffer
Management Plan unless:
(a)
The plan indicates that all planting standards under Subsection
E of this Section will be met; and
(b)
Appropriate measures are in place
for the long-term protection and maintenance of all buffer areas.
(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
(b)
Provides
financial assurance to cover the costs for:
(i) Materials and installation;
and
(ii) If the mitigation or
establishment requirement is at least 5,000 square feet, long-term
survivability requirements as set forth in COMAR 27.01.09.01-2, as
amended from time to time.
(6)
Concurrent with the recordation of
a subdivision plat, an applicant, shall record a protective easement
for the buffer.
(7)
If an applicant fails to implement
a Buffer Management Plan, that failure shall constitute a violation
of this article. A permit for development activity will not be issued
for a property with 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 as amended from time to time.
(9)
Buffer Management Plans that include
natural regeneration shall follow the provisions of COMAR 27.01.09.01-4.
G. 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 the Town's general
fund;
(2)
Fees-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 twenty percent (20%) of the fees collected; and
(4)
Fee-in-lieu monies shall be used
for the following projects:
(a)
To establish the buffer on sites
where planting is not a condition of development or redevelopment;
(b)
For water quality and habitat enhancement
projects as approved by the Critical Area Commission or by agreement
between the Town and the Critical Area Commission.
H. 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 26.24, as amended from time to time.
(3)
The Town, in reviewing any application
for a permit for structural erosion control devices, shall refer the
application to the Soil Conservation District and the Maryland Department
of the Environment for field verification of the need for the structural
erosion control as well as for recommendations on proposed erosion
control mechanisms.
(a)
Any
application made to the Town for the installation of an erosion control
device must, at a minimum, include the following information:
(i) Photograph of erosion
problem;
(ii) The specific location
of the site on a USGS 7.5 minute topographic map;
(iii) Soil type and erodibility;
(iv) Proposed and existing
land use.
(b)
Applications must include appropriate
authorization from the Maryland Department of the Environment and
the U.S. Army Corps of Engineers. Mitigation is required for any disturbance
above mean high water, including tree removal.
A. Applicability. The following provisions
apply to areas designated and mapped by the Town as Modified Buffer
Areas (MBA) and shown on maps available to the public held by the
Town. All MBA maps and provisions must be approved by the Critical
Area Commission.
B. 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
MBA unless the applicant can demonstrate that there is no feasible
alternative and the Planning Commission finds that efforts have been
made to minimize buffer impacts and 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 fifty (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 the local setback for the zoning district or
twenty-five (25) feet, whichever is greater. 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 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 principal structures on
adjacent properties or the local setback for the zoning district,
whichever is greater. In no case shall new development be located
less than fifty (50) feet or redevelopment be located less than twenty-five
(25) feet from the water (or the edge of tidal wetlands).
(b)
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 of Denton has determined
there are no other locations for the structures. The area of new accessory
structures shall not exceed five hundred (500) square feet within
twenty-five (25) feet of the water and one thousand (1,000) square
feet total 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)
Modified Buffer Area (MBA) 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 MBA 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 one-hundred-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.
(c)
Applicants
who cannot comply with either the planting or offset requirements
in Subsection A(9)(a) or (b) above shall pay $1.50 per square foot
of mitigation requirement into a fee-in-lieu program as follows:
(i) Applicants shall submit
two (2) cost estimates from qualified landscape businesses for planting
the equivalent of twice the extent of the development within the Buffer.
The estimate shall include the cost of stock, planting, staking, mulching,
and a one (1) year guarantee.
(ii) The Town shall determine
the amount of the fee-in-lieu based on the average of the two (2)
estimates.
(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 Town's Critical Area Ordinance. 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.
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 non-tidal wetlands;
(4)
Existing riparian forests;
(5)
Forest areas utilized as breeding
areas by future 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, and as necessary, the United States Fish Wildlife
Service.
(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, and 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.
[Added 8-4-2022 by Ord. No. 735; effective 8-14-2022]
A. Applicability. The provisions of this Chapter
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. Water-dependent facilities
include, but are not limited to, ports, intake and outfall structures,
marinas, and other boat docking structures, public beaches and other
public water-oriented recreation areas, fisheries activities, and
any other water-dependent facility or activity that supports water
quality restoration in the Chesapeake Bay, the Atlantic Coastal Bays,
or their watersheds. 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. Standards. In accordance with COMAR 27.01.03
and the standards below, the following 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 IDAs and LDAs 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 first avoided, or if unavoidable,
minimized;
(d)
That, insofar as possible, nonwater-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)
New or expanded development activities
may not be permitted in those portions of the Buffer which occur in
RCAs, except as otherwise provided. Applicants for water-dependent
facilities in a RCA, other than those specifically permitted herein,
must apply for a portion of Growth Allocation as set forth in this
Chapter.
D. Evaluating plans for new and expanded water-dependent
facilities. The Town shall evaluate on a case-by-case basis all proposals
for expansion of existing or new water-dependent facilities. The Town
shall work with appropriate State and federal agencies to ensure compliance
with COMAR 27.01.03 and other applicable regulations.