[Amended 10-17-1997 by Ord. No. 97-07]
This Chapter 14:1 shall be known as and may be referred to as the "Queen Anne's County Chesapeake Bay Critical Area Act."
[Amended 10-17-1997 by Ord. No. 97-07]
A.
Approval of program by Critical Area Commission. On
June 29, 1988, the Critical Area Commission approved a Chesapeake
Bay Critical Area Program ("the program") for Queen Anne's County
as submitted by the Queen Anne's County Commissioners and as amended
on February 15, 1989, and June 4, 1996.
B.
Adoption by County required. Section 8-1809(e) of
the Natural Resources Article, Annotated Code of Maryland, requires
that the program and rules and regulations necessary to implement
and enforce the program be adopted by Queen Anne's County in accordance
with legislative procedures for enacting ordinances.
The purpose of this Chapter 14:1 is to establish the critical area and to provide special regulatory protection for the land and water resources located within the Chesapeake Bay critical area in Queen Anne's County. Land use development standards and requirements are established herein for the purpose of implementing the goals, objectives, criteria and standards set forth in Queen Anne's County Critical Area Program.
A.
Supplements land development laws. The requirements of this Chapter 14:1 supplement the County's land development laws, including existing zoning and subdivision laws and regulations as they may be amended from time to time.[1] It imposes specific regulations for development and land use within the Queen Anne's County critical area. Except as specifically provided herein, in the event of inconsistency between the provisions of this Chapter 14:1 and the provisions of other applicable law, the more restrictive or stringent provisions shall apply.
B.
Relation to other laws. All provisions of this Chapter 14:1 shall be construed to be in addition to all other applicable laws, ordinances and rules of the federal government, the State of Maryland or Queen Anne's County; and in case of any conflict between this Chapter 14:1 and any such other law, ordinance or rule, the more restrictive shall prevail. Reference in this Chapter 14:1 to any law, statute, ordinance, rule or regulation in force on the date of enactment of this Chapter 14:1 includes any amendment in force at the time to which such reference relates.
A.
Application; in general. The provisions of this Chapter 14:1 shall apply to all land and water areas within the Queen Anne's County critical area.
B.
Application to proposed development or activity. No person shall develop, alter or use any land for residential, commercial, industrial or institutional uses, nor conduct agricultural, fishery or forestry activities in the Queen Anne's County critical area except in compliance with this Chapter 14:1 and unless the Planning Commission, the Planning Director or the Board of Appeals, as the case may be, has made findings that the proposed development or activity is consistent with the goals and objectives of the Queen Anne's County Critical Area Program.
C.
Conformity of Chapter 14:1 with program. This Chapter 14:1 has been drafted to conform with the provisions of the program, and great care has been taken to follow carefully the goals of the program and to insure that the development rules, regulations and restrictions set forth herein will achieve the goals and objectives of the program.
[Amended 10-17-1997 by Ord. No. 97-07]
A.
This Chapter 14:1 shall be interpreted, whenever an administrator or the judiciary is called upon to do so, in conformance with the purposes intended to be served by its enactment. The intent of the regulations and supporting definitions is to protect both individual property owners and the general public from adverse impacts which might otherwise be the result of a proposed development or activity within the critical area. To this end, those called upon to interpret this Chapter 14:1 shall proceed as follows:
(1)
Determine the public purpose(s) of the standard(s)
with respect to which an interpretation is required.
(2)
Determine the actual impact of various proposed interpretations,
permitting flexibility in design but prohibiting any interpretation
that lowers the protection afforded to the public and would be inconsistent
with goals and objectives of the program and the requirements of § 8-1801
et seq., of the Natural Resources Article, Annotated Code of Maryland.
(3)
Determine that the proposed interpretation will ensure
a just balance between the rights of the landowner and all owners
who will be affected by that person's land use proposal.
(4)
This Chapter 14:1 has been carefully designed by the County Commissioners of Queen Anne's County to avoid regulations that either sacrifice legitimate public goals, including the protection of adjoining property owners, or require undue limitations on the ability of property owners to use their land in manners consistent with the goals of the program. Having balanced the rights of these competing groups to achieve maximum protection with minimum restrictions, great care should be taken by those interpreting this Chapter 14:1 not to substitute their judgments for the legislative acts of the County Commissioners.
B.
Whenever in this Chapter 14:1 reference is made to an agency of Queen Anne's County, the State of Maryland or other political subdivision existing on the effective date of this Chapter 14:1, the reference shall be interpreted to include any succession to the agency's duties or responsibilities and any different name by which the agency may become known.
