[Amended 5-21-1999 by Ord. No. 99-02; 10-1-1999
by Ord. No. 99-14]
A. In general. The provisions of this Chapter
14:1, the boundaries of the Critical Area District, the development area classification, i.e., IDA, LDA or RCA, and the Buffer exemption area boundaries may be changed by amendment in accordance with the provisions of this article.. All such amendments shall be approved by the Critical Area Commission.
B. Change of development area classification; mistake
or growth allocation. The County Commissioners may from time to time
change the development area classification of properties in the critical
area where it is demonstrated that a mistake was made in the original
designation or when growth allocation is used by the County. When
proposing a change of development area classification, i.e., intensely
developed area (IDA), limited development area (LDA) or resource conservation
area (RCA), other than by changing a classification through the growth
allocation process, the County Commissioners shall not approve amendments
unless it is found that there was a mistake in the original classification.
C. Change of development area classification; Growth
allocation. The County Commissioners may use a portion of the County's
growth allocation to amend the development area classification of
a property located in the Queen Anne's County critical area. Growth
allocation may be used to change the land management classification
from RCA to LDA or IDA, or from LDA to IDA without regard to the mistake
standard established above.
D. Amendment of critical area; deletion of area. The
County Commissioners may from time to time elect to amend the critical
area boundary to delete areas of the County from the critical area
when it can be demonstrated that the critical area, as mapped on the
official area maps, is incorrectly drawn.
E. Amendment of critical area; addition of area. The
County Commissioners may from time to time elect to amend the critical
area to add areas to the critical area beyond that which is delineated
on the Official Critical Area Maps.
F. Addition of Buffer exemption areas. The County Commissioners
may from time to time elect to amend the critical area maps to add
Buffer exemption areas where it can be demonstrated that the pattern
of residential, industrial, commercial or recreational development
present as of December 1, 1985, prevents the Buffer from fulfilling
its intended purposes.
[Amended 5-21-1999 by Ord. No. 99-02; 10-1-1999
by Ord. No. 99-14]
A. Minimum area required. The critical area boundary
as amended to correct a mistake in the Official Critical Area Maps
shall, at a minimum, encompass all areas as set forth in § 8-1807
of the Natural Resources Article, Annotated Code of Maryland.
B. Required evidence. Evidence sufficient to warrant
a determination of a mistakenly drawn critical area boundary shall
be based on and substantiated by:
(1) The 1972 State Wetland Maps; or
(2) Newer State Wetland Maps prepared by the state.
C. Approval of Critical Area Commission required. Such
amendment shall be approved by the Critical Area Commission.
[Amended 5-21-1999 by Ord. No. 99-02; 10-1-1999
by Ord. No. 99-14]
A. Procedure. Addition of areas to the critical area shall be processed as amendments to the Official Critical Area Maps as set forth in §
14:1-74 of this Chapter
14:1.
B. Approval of Critical Area Commission required. Such
amendment shall be approved by the Critical Area Commission.
[Amended 10-17-1997 by Ord. No. 97-07; 9-18-1998
by Ord. No. 98-11; 5-21-1999 by Ord. No. 99-02; 10-1-1999 by Ord.
No. 99-14]
A. Initiation. Text or map amendments may be initiated
by resolution of the Planning Commission, County Commissioners or
by a petition of the property owner filed with the County Commissioners.
(1) All petitions filed by property owners for map amendments
shall be accompanied by the information required in § 18-1-297
of the Land Use and Development Chapter of the Queen Anne's County
Code and a fee prescribed by the County Commissioners.
(2) Any amendment to this Chapter
14:1, including an amendment to the critical area maps, that is proposed by a property owner or group of owners acting as a private citizens' group shall be filed with the office of the Clerk to the County Commissioners, for consideration by the County Commissioners, only during the first five business days in the month of February and the first five business days in the month of August of each calendar year. Map amendment and text amendment petitions will not be accepted by the Clerk to the County Commissioners at any other time during the year. Petitions for map amendments utilizing growth allocation are exempt from this Subsection
A(2).
B. Planning Commission; referral, investigation and recommendation.
All proposed map and text amendments that are not initiated by the
Planning Commission shall be referred to the Planning Commission for
investigation and recommendation. The Planning Commission shall first
hold a public hearing at which parties of interest and citizens shall
have an opportunity to be heard. At least 14 days' notice of the time
and place of such hearing shall be published in a newspaper of general
circulation in the County. In addition, the Planning Commission shall
post notice of its public hearing on the property for which the amendments
are requested and, to the extent possible, based on the best available
information, notify all property owners immediately contiguous to
the property of the hearing date, time and place.
C. Planning Commission report and recommendations. The
Planning Commission shall forward its report and recommendations to
the County Commissioners within 60 days of referral, unless an extension
of time is granted by the County Commissioners. The recommendations
of the Planning Commission shall include discussion of the matters
required to be considered by the County Commissioners.
D. County Commissioner conceptual approval. At their
regularly scheduled meeting the County Commissioners shall evaluate
the proposed amendment on the basis of the report and recommendations
of the Planning Commission and either conceptually approve or disapprove
the proposed amendment.
E. Critical Area Commission approval. All proposed amendments
that receive conceptual approval by the County Commissioners will
be forwarded to the Critical Area Commission for review and approval.
If the proposed amendment is approved by the Chesapeake Bay Critical
Area Commission, it shall proceed to the County Commissioners for
final approval.
F. Final approval by the County Commissioners.
(1) After receiving notification from the Critical Area
Commission that the proposed amendment has been approved pursuant
to the provisions of § 8-1809 of the Natural Resources Article
of the Annotated Code of Maryland, the County Commissioners shall
hold a public hearing on the proposed amendment which shall not be
more than 90 days after notification of approval by the Critical Area
Commission. Such hearing shall allow parties of interest and citizens
an opportunity to be heard. At least 14 days' notice of the time and
place of such hearing shall be published in a newspaper of general
circulation in the County.
(2) In addition to other matters pertinent to the proposed
amendment, the County Commissioners shall give specific consideration
to the following matters:
(a)
The purposes set forth in § 8-1800 et seq. of the Natural Resources Article of the Annotated Code of Maryland, the Queen Anne's County Critical Area Program, the Comprehensive Plan and this Chapter
14:1;
(b)
The recommendations of the Planning Commission;
(c)
The relation of the proposed amendment to the
Queen Anne's County Critical Area Program, the Comprehensive Plan,
the Growth Subarea Plans; and
(d)
The testimony and other evidence presented at
the public hearing.
(3) If the Planning Commission has recommended the adoption
of an amendment and the County Commissioners propose to adopt an amendment
which changes or departs on those recommendations, the proposal of
the County Commissioners shall be referred to the Planning Commission,
in writing, for its further recommendations and to the Critical Area
Commission for review and approval. If such recommendations are not
received by the County Commissioners within 90 days after the proposal
has been transmitted to the Planning Commission and accepted by the
Critical Area Commission, the Commissioners may proceed to take final
action without such recommendations.
(4) If the County Commissioners propose to adopt an amendment which is substantially different from both the proposed amendment and the recommendations of the Planning Commission as described in the published notice, a new public hearing shall be held. Notice of such hearing shall include notice of the amendment as proposed by the County Commissioners and any recommendations of the Planning Commission, including those made after any referral required by §
14:1-74F(3).
(5) An amendment shall not be effective until after it
is approved by the Critical Area Commission and not until 45 days
after approval by the County Commissioners.
G. Map amendments. The Official Critical Area Map(s)
will be amended to reflect the new development area designation when
the amendment becomes effective.