[Amended 5-21-1999 by Ord. No. 99-02; 10-1-1999
by Ord. No. 99-14]
The County's growth allocation will be used
to amend the development area classification on the Official Critical
Area Maps on a project-by-project basis. The following procedures
will be followed in determining if a site qualifies for growth allocation:
A. Prior to submitting a petition to the County Commissioners
for map amendments utilizing the growth allocation, applicants shall
submit a sketch or concept plan to the Planning Commission, together
with a fee as prescribed by the Planning Commission. The Planning
Commission will review the sketch or concept development plan for
consistency with the County's Critical Area Program and will provide
technical comments and recommendations. The applicant shall incorporate
the Planning Commission's technical comments and recommendations into
the petition filed with the County Commissioners.
B. All petitions for map amendments utilizing growth
allocation shall be accompanied by a concept site plan or subdivision
sketch plat, prepared in conformity with the requirements of the Queen
Anne's County Zoning Ordinance in addition to any information required by §
14:1-77A of this Chapter
14:1 and shall include all information, documentation, and agency comments required by COMAR § 27.01.02.05-1 and -2 before the petition is submitted to the Critical Area Commission.
[Amended 7-28-2009 by Ord. No. 09-10]
C. In approving a map amendment utilizing the growth
allocation, the County Commissioners may establish additional conditions
of approval that are consistent with the intent of the Queen Anne's
County Critical Area Program.
D. Review criteria. The following review criteria will
guide the selection of projects that may be assigned growth allocation:
[Amended 7-28-2009 by Ord. No. 09-10]
(1) Proposed development projects using growth allocation must be determined
to be consistent with the Queen Anne's County Comprehensive Plan and
Queen Anne's County Critical Area Program and the Growth Subarea Plans.
(2) Proposed development projects that implement specific development
or redevelopment objectives of the Comprehensive Plan or a Growth
Subarea Plan shall be given priority for growth allocation, and growth
allocation is set aside for implementation of these projects in the
Growth Management Pool.
(3) Proposed development projects determined by the County to be of substantial
economic benefit and located in a designated growth area shall be
given priority for growth allocation, and growth allocation is set
aside for implementation of these projects in the Growth Management
Pool.
(4) Proposed development projects located outside of designated growth
areas may be assigned growth allocation if they are a commercial,
industrial, residential or institutional project determined to be
of substantial economic benefit to residents of the County and/or
meet a recognized public need. Growth allocation for implementation
of these projects may be from either the General Pool or the Growth
Management Pool.
(5)
When locating new intensely developed or limited development
areas, proposed development projects may be assigned growth allocation
subject to the requirements of COMAR § 27.01.02, and Natural
Resources Article § 8-1801.1 and shall use the following
location criteria:
[Amended 1-28-2014 by Ord. No. 13-16]
(a)
Locate a new intensely developed area in a limited development
area or adjacent to an existing intensely developed area;
(b) A new intensely developed area shall be at least 20 acres or adjacent
to an existing intensely developed area that together equals at least
20 acres. A new intensely developed area may be less than 20 acres
if it is:
[1]
Located in an existing growth area; and
[2]
Currently served by public sewer; and
[3]
Consistent with the goals and objectives of the adopted County
Comprehensive Plan; and
[4]
Has an overall economic benefit to the community.
(c)
Locate a new limited development area adjacent to an existing
limited development area or intensely developed area;
(d)
Locate a new intensely developed area or a limited development
area in a manner that minimizes impacts to habitat protection areas
as defined in COMAR § 27.01.09 and in an area and in a manner
that optimizes benefits to water quality;
(e)
Locate a new intensely developed area and limited development
areas in a manner that minimizes their impacts to the defined land
uses of the resource conservation area;
(f)
Locate a new intensely developed area or a limited development
area in the resource conservation area at least 300 feet beyond the
landward edge of tidal wetlands or tidal waters, unless the Critical
Area Commission approves an alternative measure(s) proposed by the
County for enhancement of water quality and habitat that provide greater
benefits to the resources.
(6)
No more than 1/2 of the total growth allocation of the County may be located in resource conservation areas, except as provided in Subsection
D(6)(b) of this section;
[Amended 1-28-2014 by Ord. No. 13-16]
(a)
New intensely developed or limited development areas involving
the use of growth allocation shall conform to all criteria of the
Commission and shall be designated on the Comprehensive Zoning Map
submitted by the County as part of its application to the Commission
for program approval or at a later date in compliance with § 8-1809(g)
of the Environmental Article of the Annotated Code of Maryland; and
(b)
If the County is unable to utilize a portion of the growth allocated in Subsection
D(5)(a),
(b) and
(c) of this section within or adjacent to existing intensely developed or limited development areas, then that portion of growth allocation which cannot be so located may be located in the resource conservation area upon recommendation by the Planning Commission, conceptual approval by the County Commissioners and award of growth allocation. A developer shall be required to cluster any residential development in an area of expansion in order to minimize impacts.
(c)
Location criteria that varies from the criteria required under Subsection
D(5)(a),
(b) and
(c) of this section may be utilized to meet a public need for emergency or medical services including any facility that supports such services.
[1]
The area of proposed IDA growth allocation may be less than
20 acres.
[2]
No more than 20% of the growth allocation from the General Pool
may be utilized by this nonadjacency standard.
E. Minimum mandatory design standards. Once the maximum
permitted density of development has been determined, the proposed
project must demonstrate that it will meet or exceed the following
design standards in order to be approved:
(1) All applicable requirements of the Queen Anne's County
Zoning Code, the Subdivision Regulations and the Queen Anne's County
Chesapeake Bay Critical Area Program and Act have been met.
(2) A land management classification change has been approved
by the County Commissioners and the Critical Area Commission.
(3) The design of the development enhances the water quality
and resource and habitat values of the area, e.g., results in additional
planting of forest cover in the Buffer or implementation of best management
practices on portions of the site to be retained in agriculture use.
(4) The development incorporates the comments and recommendations
of the County and the Maryland Fish, Heritage and Wildlife Administration
in the project design.
(5) The developer executes restrictive covenants that
guarantee maintenance of any required open space areas.
[Added 5-21-1999 by Ord. No. 99-02; amended
10-1-1999 by Ord. No. 99-14; 8-17-2002 by Ord. No. 02-01]
A. Initiation. A request for growth allocation petition
may be initiated by a petition of the property owner filed with the
County Commissioners. All petitions for growth allocation filed by
property owners shall be accompanied by the information required in
§ 18-1-297 of the Queen Anne's County Code and a fee prescribed by the County Commissioners.
B. Planning Commission; referral, investigation and recommendation.
All growth allocation petitions 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 growth allocation is 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 recommendation. 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.
(1) Within 90 days of receiving the report and recommendations
of the Planning Commission, the County Commissioners shall hold a
public hearing and either conceptually approve or disapprove the proposed
growth allocation petition. Such hearing shall allow parties of interest
and citizens an opportunity to be heard. At least 14 days prior to
said hearing, notice of same, with date, time and place, shall be
published in a newspaper of general circulation in the County.
(2) In addition to other matters pertinent to the growth
allocation petition, 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 the Queen Anne's County Code;
(b)
The recommendations of the Planning Commission;
(c)
The relation of the growth allocation petition
to the Queen Anne's County Critical Area Program, the Comprehensive
Plan, Growth Subarea Plans; and
(d)
The testimony and other evidence presented at
the public hearing.
E. Critical Area Commission approval. All growth allocation
petitions that receive conceptual approval by the County Commissioners
will be forwarded to the Critical Area Commission for review and approval.
No award of growth allocation shall become effective until after the
County Commissioners have taken final legislative action on the petition.
F. Final approval by the County Commissioners.
(1) Within 120 days of receiving notification from the
Critical Area Commission that the proposed growth allocation petition
has been conditionally approved pursuant to the provisions of § 8-1809
of the Natural Resources Article of the Annotated Code of Maryland,
the County Commissioners shall introduce legislation and take final
legislative action on the proposed growth allocation.
(2) If the Planning Commission has recommended approval
of a growth allocation petition and the County Commissioners propose
to approve an award of growth allocation which substantially changes
or departs from 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 prior to any legislative action. If such recommendations
are not received by the County Commissioners within 90 days after
the proposal has been transmitted to the Planning Commission, the
County Commissioners may proceed to take final action without such
recommendations.
(3) A growth allocation petition 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 amendment. The Official Critical Area Map(s) will
be amended to reflect the new development area designation when the
approved growth allocation petition becomes effective.
H. Use of approved growth allocation.
(1) Successful projects granted growth allocation will
be submitted for final site plan or preliminary and final subdivision
approval as per requirements of the Queen Anne's County Code.
(2) If all construction associated with a nonresidential
project which was awarded growth allocation has not been substantially
completed within 24 months of site plan approval, then the growth
allocation award shall be null and void. If road dedication to the
County has not been completed for a residential project within 36
months of final subdivision or site plan approval, then the growth
allocation award shall become null and void. Further, the award shall
be recaptured by the County unless an extension is granted by the
County Commissioners. Extensions cannot be granted for more than one
year at any one time.