A. 
Development and redevelopment shall be subject to the Habitat Protection Area requirements prescribed in this chapter.
B. 
Development and redevelopment shall be subject to the water-dependent facilities requirements of this chapter.
C. 
The City shall maintain areas of City-owned public access to the shoreline, and, if possible, encourage the establishment of additional areas of shoreline access for public use, such as foot paths, scenic drives, and other public recreational facilities.
D. 
Development shall comply with the following complementary state statutes and regulations, including:
(1) 
For soil erosion and sediment control, management measures shall be consistent with the requirements of the Environment Article of the Annotated Code of Maryland, §§ 4-101 through 4-116, and COMAR 26.17.01;
(2) 
For stormwater runoff, stormwater management measures shall be consistent with the requirements of the Environment Article of the Annotated Code of Maryland, §§ 4-201 through 4-215, and COMAR 26.17.02;
(3) 
For shore erosion, shoreline stabilization measures shall be consistent with the requirements of Title 16 of the Environment Article of the Annotated Code of Maryland and COMAR 26.24.04; and
(4) 
Any other applicable state statute or regulation.
E. 
A development activity or facility may not be authorized in the Critical Area if, by its intrinsic nature, the activity or facility has the potential to cause an adverse effect on water quality, wildlife, or fish habitat or plant habitat, unless:
(1) 
For an activity or facility such as non-maritime heavy industry:
(a) 
It is located within an intensely developed area;
(b) 
It fully complies with all requirements under Article VI of this chapter; and
(c) 
The owner or operator of the activity or facility demonstrates to all applicable state and local agencies that there will be a net improvement in water quality to the adjacent body of water; or
(2) 
For an activity or facility such as a sanitary landfill or a solid or hazardous waste collection or disposal facility:
(a) 
There is no environmentally acceptable alternative outside the Critical Area; and
(b) 
The activity or facility is necessary to correct a water quality or wastewater management problem.
F. 
A transportation facility or a utility transmission facility or activity may not be authorized in the Critical Area, unless it is:
(1) 
A facility that serves a use identified under this Critical Area Program;
(2) 
A linear regional or interstate transportation facility that must cross tidal waters; or
(3) 
A linear regional or interstate utility transmission facility that must cross tidal waters.
G. 
A permanent sludge handling, storage, or disposal activity or facility may not be authorized in the Critical Area, unless:
(1) 
The activity or facility is associated with a wastewater treatment facility; or
(2) 
In accordance with an approved nutrient management plan under the Agriculture Article of the Annotated Code of Maryland, Title 8, Subtitle 8, and COMAR 15.20.04 and COMAR 15.20.06 through 15.20.08, sludge is applied on agricultural land that is not in the buffer.
H. 
Roads, bridges, and utilities are prohibited in a Habitat Protection Area unless no feasible alternative exists. If a road, bridge or utility is authorized, the design, construction and maintenance shall:
(1) 
Provide maximum erosion protection;
(2) 
Minimize negative impacts on wildlife, aquatic life and their habitats; and
(3) 
Maintain hydrologic processes and water quality.
I. 
Development activities that cross or affect a stream are prohibited unless there is no feasible alternative. All development activities that must cross or affect streams shall be designed to:
(1) 
Reduce increases in flood frequency and severity that are attributable to development;
(2) 
Retain tree canopy to maintain stream water temperature within normal variation;
(3) 
Provide a natural substrate for stream beds; and
(4) 
Minimize adverse water quality and quantity impacts of stormwater.
J. 
Reasonable accommodations for the needs of disabled citizens.
(1) 
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 evidence the following:
(a) 
The alterations will benefit persons with a disability within the meaning of the Americans with Disabilities Act.[1]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(b) 
Literal enforcement of the provisions of this 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.
(c) 
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.
(d) 
The accommodation requested will not impair the purpose, intent, or effect of the provisions of this chapter as applied to the property.
(e) 
The accommodation would be environmentally neutral with no greater negative impact on the environment than the literal enforcement of the statute, ordinance, regulation or other requirement; or would allow only the minimum environmental changes necessary to address the needs resulting from the disability of the applicant/appellant.
(2) 
The Planning Commission shall determine the nature and scope of any accommodation under this chapter and may award different or other relief than requested after giving due regard to the purpose, intent, or effect of the applicable provisions of this chapter. 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.
(3) 
The Planning Commission may require, as a condition of approval, that upon 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 Crisfield's ability to restore the property should the applicant fail to do so.
K. 
Non-water-dependent structures on piers.
(1) 
Except as provided in Subsection K(2) and (3) and notwithstanding any other provisions of the law, the City of Crisfield may not issue a building permit or any other approval to authorize a non-water-dependent project located on state or private wetlands within the Critical Area.
(2) 
The City of Crisfield may issue a building permit or any other approval to authorize a non-water-dependent project located on state or private wetlands within the Critical Area if the project:
(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.
(c) 
Is located in:
[1] 
An Intensely Developed Area (IDA); or
[2] 
An area that has been excluded from a local Critical Area program if the exclusion has been adopted or approved by the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays.
(d) 
Is approved by the Planning Commission and the Zoning Board after December 31, 2025.
(e) 
Allows or enhances public access to state wetlands.
(f) 
Does not expand beyond the length, width, or channel ward 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.
(h) 
Is up to 1,000 square feet in total area: or
[1] 
Is located on a pier that was in existence on or before December 31, 2012.
[2] 
Satisfies all the requirements under Subsection K(2)(a) through (g) of this section; and
[3] 
If applicable, it has a temporary or permanent roof structure or covering that is up to 1,000 square feet in total area.
(3) 
The City of Crisfield may issue a building permit or other approval to authorize a non-water-dependent project for a small-scale renewable energy system on a pier located on state or private wetlands within the Critical Area if the project:
(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 of the Annotated Code of Maryland.
(b) 
Is approved by the City of Crisfield's Planning Commission and Zoning Board after December 31, 2025.
(c) 
A building permit or other approval may include the installation or placement of:
[1] 
A solar energy system attached to a pier of the device or equipment associated with that system does not extend more than:
[a] 
Four feet above or 18 inches below the deck of the pier; or
[b] 
One foot beyond the length or width of the pier.
[2] 
A solar energy system attached to a piling if there is only one solar panel per boat slip.
[3] 
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.
[4] 
A closed-loop geothermal heat exchanger under a pier if the geothermal heat exchanger or any associated devices or equipment do not:
[a] 
Extend beyond the length, width, or channel ward encroachment of the pier;
[b] 
Deleteriously alter longshore drift; or
[c] 
Cause significant individual or cumulative thermal impacts to aquatic resources.
[5] 
A wind energy system attached to a pier if there is only one wind energy system per pier for which:
[a] 
The height from the deck of the pier to the blade extended at its highest point is up to 12 feet;
[b] 
The rotor diameter of the wind turbine is up to four feet; and
[c] 
The setbacks of the wind energy system from the nearest property line and from the channel ward 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.
L. 
Shore erosion protection.
(1) 
All shore erosion control activities or projects shall meet the requirements of COMAR 26.24.02 and COMAR 26.24.04.
(2) 
The City shall require any authorized shore erosion control project to submit a Buffer Management Plan.
(3) 
The Buffer Management Plan shall meet the requirements of this chapter and COMAR 27.01.09.
(4) 
A copy of the approved Buffer Management Plan shall be forwarded to the Critical Area Commission.