Queen Annes County, MD Growth Allocation

Editor's Note: See Ch. 18:1, Zoning and Subdivision Regulations.

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.

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]

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.

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:

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.

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.

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:

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.

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]

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[1] and a fee prescribed by the County Commissioners.

Editor's Note: See now § 18:1-220.

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.

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.

County Commissioner conceptual approval.

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.

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.

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.

Final approval by the County Commissioners.

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.

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.

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.

Use of approved growth allocation.

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.