The provisions of this article 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.
[Added 7-11-2022 by Ord. No. 2022-001]
Water-dependent facilities include, but are not limited to, ports, the intake and outfall structures of power plants, water-use industries, marinas and other boat docking structures, public beaches and other public water-oriented recreation areas, and fisheries activities. Excluded from this regulation are individual private piers installed or maintained by riparian landowners and which are not part of a subdivision that provides community piers.
The following standards shall apply to new or expanded development activities associated with water-dependent facilities:
A.
New or expanded development activities may be permitted in the Buffer in the IDAs and LDAs provided that it can be shown:
(1)
That they are water-dependent;
(2)
That the project meets a recognized private right or public need;
(3)
That adverse effects on water quality, fish, plant, and wildlife habitat are minimized;
(4)
That, insofar as possible, non-water-dependent structures or operations associated with water-dependent projects or activities are located outside the Buffer; and
(5)
That the facilities are consistent with an approved local plan as set forth below.
B.
New or expanded development activities may not be permitted in those portions of the Buffer which occur in RCAs. Applicants for water-dependent facilities in an RCA, other than those specifically permitted herein, must apply for a portion of the Town's growth allocation as set forth in this Part 8.
The municipality 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 applicable regulations. The following factors shall be considered when evaluating proposals for new or expanded water-dependent facilities:
A.
That the activities will not significantly alter existing water circulation patterns or salinity regimes;
B.
That the water body upon which these activities are proposed has adequate flushing characteristics in the area;
C.
That disturbance to wetlands, submerged aquatic plant beds, or other areas of important aquatic habitats will be minimized;
D.
That adverse impacts to water quality that may occur as a result of these activities, such as nonpoint source runoff and sewage discharge from land activities or vessels, or from boat cleaning and maintenance operations, is minimized;
E.
That shellfish beds will not be disturbed or be made subject to discharge that will render them unsuitable for harvesting;
F.
That dredging shall be conducted in a manner and using a method which causes the least disturbance to water quality and aquatic and terrestrial habitats in the area immediately surrounding the dredging operation or within the Critical Area, generally;
G.
That dredged spoil will not be placed within the Buffer or elsewhere in that portion of the Critical Area which has been designated as an HPA except as necessary for:
H.
That interference with the natural transport of sand will be minimized; and
New, expanded or redeveloped marinas may be permitted in the Buffer within IDAs and LDAs subject to the requirements set forth in this Part 8. New marinas or related maritime facilities may not be permitted in the Buffer within RCAs except as provided in this Part 8. Expansion of existing marinas may be permitted by the municipality within RCAs provided that it is sufficiently demonstrated that the expansion will not adversely affect water quality and that it will result in an overall net improvement in water quality at or leaving the site of the marina. New and existing marinas shall meet the sanitary requirements of the Department of the Environment as required in COMAR 26.04.02. New marinas shall establish a means of minimizing the discharge of bottom wash waters into tidal waters.
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 subdivision;
C.
The facilities are associated with a residential development approved by the municipality for the Critical Area and consistent with all state requirements and program requirements for 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.
The number of slips or piers permitted at the facility shall be the lesser of Subsection A or B below:
A.
One slip for each 50 feet of shoreline in the subdivision in the IDAs and LDAs and one slip for each 300 feet of shoreline in the subdivision in the RCA; 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:
Platted Lots or Dwellings in the Critical Area | Slips |
|---|---|
Up to 15 | 1 for each lot |
16 - 40 | 15 or 75% whichever is greater |
41 - 100 | 30 or 50% whichever is greater |
101 - 300 | 50 or 25% whichever is greater |
Over 300 | 75 or 15% whichever is greater |
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 IDAs. These facilities may be permitted within the Buffer in LDAs and RCAs provided that:
A.
Adequate sanitary facilities exist;
B.
Service facilities are, to the extent possible, located outside 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 RCAs if service facilities for these uses are located outside of the Buffer.
Water-dependent research facilities or activities operated by state, federal, or local agencies or educational institutions may be permitted in the Buffer, if non-water-dependent structures or facilities associated with these projects are, to the extent possible, located outside of the Buffer.
Lands and water areas with high aquacultural potential will be identified by the municipality in cooperation with the state when applications for new or expanded fisheries or aquaculture facilities in these areas are submitted to the municipality. These areas are encouraged for that use and, if so used, should be protected from degradation by other types of land and water use or by adjacent land and water uses. Commercial water-dependent fisheries, including but not limited to structures for crab shedding, fish off-loading docks, shellfish culture operations and shore-based facilities necessary for aquaculture operations and fisheries activities may be permitted in the Buffer in IDAs, LDAs and RCAs.