An application for a development activity or a change in land use shall apply all the required standards for a minimum 100-foot Buffer as described in this article. The minimum 100-foot Buffer shall be delineated in the field and shall be shown on all applications as follows:
A. 
The minimum 100-foot Buffer is delineated landward from:
(1) 
The mean high-water line of tidal water;
(2) 
The edge of each bank of a tributary stream; and
(3) 
The upland boundary of a tidal wetland.
B. 
The Buffer shall be expanded beyond the minimum 100-foot Buffer as described in Subsection A above and the minimum 200-foot Buffer as described in Subsection C below, to include the following contiguous land features:
(1) 
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.
(2) 
A non-tidal wetland to the upland boundary of the non-tidal wetland.
(3) 
The 100-foot Buffer that is associated with a Nontidal Wetland of Special state Concern as stated in COMAR § 26.23.06.01.
(4) 
For an area of hydric soils or highly erodible soils, the lesser of:
(a) 
The landward edge of the hydric or highly erodible soils; or
(b) 
300 feet where the expansion area includes the minimum 100-foot Buffer.
C. 
Applications for a subdivision or for a development activity on land located within the Resource Conservation Area requiring site plan approval after July 1, 2008, shall include a minimum Buffer of at least 200 feet from a tidal waterway or tidal wetlands, and 100 feet from a tributary stream.
(1) 
The 200-foot Buffer may be reduced if strict application of the 200-foot Buffer would preclude either subdivision at a density of one dwelling unit per 20 acres, or an intrafamily transfer subdivision.
(2) 
The reduced Buffer should be the minimum necessary to accommodate a dwelling and a sewage reserve area, as determined by the Zoning Administrator, but no less than 100 feet.
If approved by Crisfield, 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 § 113-63:
A. 
A new development or redevelopment activity associated with a water-dependent facility or located in an approved Buffer Management Area.
B. 
A shore erosion control activity constructed in accordance with COMAR 26.24.02, COMAR 27.01.04, and this chapter.
C. 
A development or redevelopment activity approved in accordance with the variance provisions of this chapter.
D. 
A new development or redevelopment activity on a lot or parcel that was created before January 1, 2010, where:
(1) 
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;
(2) 
The development or redevelopment is in the expanded portion of the Buffer and not within the 100-foot Buffer; and
(3) 
Mitigation occurs at a 2:1 ratio based on the lot coverage of the proposed development activity that is in the expanded Buffer.
E. 
A new or replacement septic system on a lot created before December 26, 1988, where:
(1) 
The Somerset County Health Department has determined the Buffer is the only available location for the septic system; and
(2) 
Mitigation is provided at a 1:1 ratio for area of canopy cleared of any forest or developed woodland.
F. 
Associated with the placement of dredged material under COMAR 27.01.03.03D.
A. 
The requirements of this regulation are applicable to:
(1) 
A development or redevelopment activity that occurs on a lot or parcel that includes a buffer to tidal waters, a tidal wetland, or a tributary stream if that development or redevelopment activity is located outside the buffer; and
(2) 
The approval of a subdivision that includes a buffer to tidal waters, a tidal wetland, or a tributary stream.
B. 
If an applicant for a subdivision of a lot uses or leases the lot for an agricultural purpose, the applicant:
(1) 
In accordance with local land recordation requirements, shall record an approved buffer management plan under § 113-63; and
(2) 
If authorized by the local jurisdiction, may delay implementation of the buffer management plan until the use of the lot is converted to a non-agricultural purpose.
C. 
The requirements of this regulation are not applicable to an in-kind replacement of a structure.
D. 
A local jurisdiction shall require an applicant to establish the buffer in vegetation in accordance with the table below and § 113-62 of this chapter and to provide a buffer management plan under § 113-63 of this chapter when an applicant applies for:
(1) 
Approval of a subdivision;
(2) 
Conversion from one land use to another land use on a lot or a parcel; or
(3) 
Development on a lot or a parcel created before January 1, 2010.
E. 
When the buffer is not fully forested or is not fully established in existing, naturally occurring woody or wetland vegetation, an applicant shall establish the buffer to the extent required in the following table:
Table 113.60. Buffer Establishment Requirements
Development Category
Lot Created Before December 26, 1988
Lot Created After December 26, 1988
Development on a vacant lot
Establish the buffer based on total square footage of lot coverage outside the buffer
Fully establish the buffer
Subdivision
Fully establish the buffer
New lot with an existing dwelling unit
Establish the buffer based on total square footage of lot coverage outside the buffer
Conversion of a land use on a parcel or lot to another land use
Fully establish the buffer
Addition, accessory structure, or redevelopment
Establish the buffer based on net square footage increase in lot coverage outside the buffer
Substantial alteration
Establish the buffer based on total square footage of lot coverage outside the buffer
F. 
A local jurisdiction may authorize an applicant to deduct from the total establishment requirement an area of lot coverage removed from the buffer if:
(1) 
The lot coverage existed before the date of local program adoption or was allowed by local procedures; and
(2) 
The total area is stabilized.
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 article.
A. 
Authorized development activities may include a variance, subdivision, site plan, shore erosion control permit, building permit, grading permit, septic system approved by the Somerset County Health Department on a lot created before December 26, 1988, and special exception.
B. 
All authorized development activities shall be mitigated according to COMAR 27.01.09.01-2.
C. 
All unauthorized development activities in the Buffer should be mitigated at a ratio of 4:1 for the limit of disturbance in the Buffer.
D. 
Planting for mitigation shall be planted onsite within the Buffer. If mitigation planting cannot be located within the Buffer, then Crisfield may permit planting in the following order of priority:
(1) 
Onsite and adjacent to the Buffer; and
(2) 
Onsite elsewhere in the Critical Area.
(3) 
A fee in lieu as referenced in § 113-64 below.
E. 
For the removal of a dead tree, the affected area shall be stabilized with native groundcover or other native vegetation, as necessary.
F. 
The removal of a diseased, dying, invasive, or hazardous tree shall be mitigated with one tree of at least 3/4-inch caliper for each tree removed or the affected area shall be stabilized in native woody vegetation if a tree cannot be replanted due to space constraints.
G. 
The installation or cultivation of new lawn or turf in the Buffer is prohibited.
H. 
As applicable to a site, the City of Crisfield shall require that an area in the buffer that is temporarily disturbed by a development activity be restored to pre-disturbance conditions.
An applicant that is 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 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.
A. 
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:
(1) 
Fully establishing the Buffer;
(2) 
Partially establishing an area of the Buffer equal to the net increase in lot coverage; or
(3) 
Partially establishing an area of the Buffer equal to the total lot coverage.
B. 
Any permit for development activity that requires Buffer establishment or Buffer mitigation will not be issued until a Buffer Management Plan is approved by Crisfield.
C. 
An applicant may not obtain final approval of a subdivision application until the Buffer Management Plan has been reviewed and approved by Crisfield.
D. 
Crisfield may not approve a Buffer Management Plan unless:
(1) 
The plan clearly indicates that all planting standards under § 113-62 of this chapter will be met; and
(2) 
Appropriate measures are in place for the long-term protection and maintenance of all Buffer areas.
E. 
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:
(1) 
Completes the implementation of a Buffer Management Plan; or
(2) 
Provides financial assurance to cover the costs for:
(a) 
Materials and installation; and
(b) 
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.
F. 
Concurrent with recordation of a subdivision plat, an applicant shall record a protective easement for the Buffer.
G. 
If an applicant fails to implement a Buffer Management Plan, that failure shall constitute a violation of this chapter.
(1) 
A permit for development activity will not be issued for a property that has a violation.
H. 
An applicant shall post a subdivision with permanent signs prior to final recordation in accordance with COMAR 27.01.09.01-2.
A fee-in-lieu of mitigation will be collected if the planting requirements of the Buffer Management Plan cannot be fully met onsite, in accordance with the following standards:
A. 
Fee-in-lieu monies shall be collected and held in a special fund, which may not be reverted to Crisfield's general fund;
B. 
Fees-in-lieu shall be assessed at $1.50 per square foot of required Buffer mitigation;
C. 
A portion of fee-in-lieu money can be used for management and administrative costs; however, this cannot exceed 20% of the fees collected; and
D. 
Fee-in-lieu monies shall be used for the following projects:
(1) 
To establish the Buffer on sites where planting is not a condition of development or redevelopment.
(2) 
For water quality and habitat enhancement projects as approved by the Critical Area Commission or by agreement between Crisfield and the Critical Area Commission.
Shore erosion control measures are permitted activities within the Buffer in accordance with the following requirements:
A. 
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
B. 
Comply fully with all the policies and criteria for a shore erosion control project stated in COMAR 27.01.04 and COMAR 26.24.