[Added 5-15-2007 by Ord. No. 06-20]
A.
This article sets forth standards for review and documentation
of historic structures. The standards:
B.
Prior to the approval of the application, review and
documentation of any historic structure(s) shall
be conducted in accordance with the following two-tiered process:
(1)
First tier review and documentation procedure. Subject
to the review of the following information, and based on the recommendation
of the Heritage Coordinator, a determination shall be made by the Planning Director or his/her designee if a second tier review
and documentation is required:
(2)
Second tier review and documentation. Pursuant to
a first tier determination, a second tier review and documentation
shall be completed within 30 days of the determination, which may
result in completion of a Maryland Inventory of Historic Places form
developed by the Maryland Historical Trust. A second tier review and
documentation shall consist of the following:
(a)
Photographs of exterior details, including but
not limited to features such as chimneys, wall coverings, windows,
and doors;
(b)
Photographs of any outbuildings;
(c)
Access to the interior shall be granted in order
to obtain detailed photographs of the interior spaces to capture any
unique elements in the rooms that may help date the structure, including but not limited to woodwork, window surrounds, fireplaces,
stairways, mantels, doors, and newel posts; and
(d)
Overall measurements of the structure.
(3)
Emergency provisions. These requirements may be waived
or modified by the Planning Director or his/her designee,
when a structure is deemed to be an imminent threat
to health, safety, and welfare of the adjoining properties and persons and/or determined to be subject to condemnation
in accordance with current building codes.
In general. Conditional uses are those uses that must be reviewed on a case-by-case
basis to evaluate their appropriateness for a particular location.
Conditional uses for each zoning district are listed in Part 3, Article V of this Chapter 18:1, and additional criteria for conditional uses may be set forth therein.
A.
Application.
(2)
An application for conditional use approval shall be completed so that a hearing before the Board of
Appeals can be scheduled within six months of the submission date.
The Clerk to the Board of Appeals will return incomplete applications
beyond this time period. An applicant shall file a new conditional use application with the appropriate fee if a hearing is
not scheduled within six months.
B.
Approval procedure.
(1)
Applications for conditional use approval
shall be processed by the Planning Director as follows.
(2)
Prior to formal application for conditional use approval, it is highly recommended that the applicant
schedule a meeting with County staff to discuss the
proposal. During this meeting, every effort will be made to provide
the applicant with preliminary guidance.
(4)
The Clerk to the Board of Appeals will forward copies
of the application to the Departments of Planning and Zoning, Public
Works, and Environmental Health, and to the Maryland State Highway
Administration, Critical Area Commission, and other applicable state
and County review agencies as appropriate.
(5)
The Department will prepare a staff
report outlining its comments, concerns, and recommendations and forward
a copy to the Board of Appeals and applicant within 10 working days.
Although the Department may request additional information
from the applicant, or may request that the application and/or plans
be revised, this request is not a requirement.
(6)
For any proposed heavy industrial use, the Planning Commission will hold a public hearing
regarding the proposed use, and will review and make
recommendations to the Board of Appeals regarding the proposed conditional use application.
(7)
A public hearing shall be held by the Board of Appeals
after a public notice has been published in accordance with Article
66B of the Annotated Code of Maryland. The attorney for the Board
of Appeals is responsible for scheduling a hearing date.
(8)
Not later than 10 days prior to the date set for the
hearing on the application, the Planning Director and each official or agency to which the application
has been referred shall file a written report with the Board of Appeals
setting forth:
(a)
The recommendations for changes in the plans
as submitted; and
(b)
The conditions for approval, if any, necessary
to bring such plan into compliance with any applicable ordinance or
regulation or to eliminate any adverse effects of the proposed development on those aspects of the general health, safety,
and welfare of the community for which such official or agency has special responsibility.
(9)
In approving the application for any conditional use, the Board of Appeals may impose such restrictions and
conditions as it determines are required by the general purposes,
goals, and objectives of the Comprehensive Plan and this Chapter 18:1 to prevent or minimize adverse effects from the proposed use and development on
other properties in the neighborhood and on the general health, safety,
and welfare of the County. All conditions imposed
upon any conditional use approval shall be expressly
set forth in the resolution granting such conditional use approval.
(10)
Conditional use approval is
not transferable and shall become null and void if:
(a)
Construction work has not begun within one year
of the signing of the final site plan or plat; or
one year from the date of conditional use approval;
or a larger period of time as set by the Board of Appeals when granting
the approval; or
(b)
Construction work has not been completed within
two years of the commencement of initial construction.
An application for a conditional use may not be approved unless the Board of Appeals specifically finds
the proposed conditional use appropriate in the location
for which it is proposed, based on the following criteria:
A.
The proposed use at the proposed
location shall be consistent with the general purpose, goals, objectives,
and standards of the Comprehensive Plan, this Chapter 18:1, or any other plan, program, map, or ordinance adopted, or under consideration pursuant to official notice, by the County.
B.
The proposed use at the proposed
location will not result in a substantial or undue adverse impacts
on adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way, or other matters affecting the public
health, safety, and general welfare.
C.
The proposed use at the proposed
location will be adequately served by, and will not impose an undue
burden on, any of the required improvements referred to in this Chapter 18:1, Part 7. Where any such improvements, facilities, utilities, or services are not available or adequate to service the proposed use at the proposed location, the applicant
shall, as part of the application and as a condition of approval of
the conditional use, be responsible for establishing
ability, willingness, and binding commitment to provide such improvements,
facilities, utilities, and services in sufficient time and in a manner
consistent with the Comprehensive Plan, this Chapter 18:1, and other plans, programs, maps, and ordinances adopted by the County.
A.
In general. The additional standards set forth in
this section must be met for the particular conditional uses.
B.
Telecommunications facilities.
(1)
Purpose and intent. The purpose of this subsection
is to establish general guidelines for the siting of telecommunications
towers and antennas, and telecommunications equipment
buildings.
(a)
The goals of this subsection are to:
[1]
Protect residential areas and land uses from potential adverse impacts of telecommunications facilities;
[2]
Encourage the location of telecommunications
facilities in nonresidential areas;
[3]
Minimize the total number of towers throughout the community;
[4]
Strongly encourage the joint use of new and existing telecommunications facilities and other suitable existing structures as a primary
option rather than construction of additional single-use facilities;
[5]
Encourage the location of telecommunication
facilities in areas where the adverse impact on the community
is minimal;
[6]
Encourage the configuration of telecommunications
facilities so that adverse visual impact is minimized through
careful design, siting, landscape screening, and
innovative camouflaging techniques;
[7]
Encourage the configuration of telecommunications
facilities so that the health, safety, and general welfare
of the public are protected;
[8]
Enable providers of telecommunications services
to provide such services to the community quickly, effectively, and
efficiently;
[9]
Consider the public health and safety impacts
of telecommunication facilities;
[10]
Avoid potential damage to adjacent
properties from tower failure through engineering
and careful siting of tower structures; and
[11]
Ensure compliance of local laws
with the Telecommunications Act of 1996.
(b)
It is the policy of Queen Anne's County that
new telecommunications towers be built at the lowest
height possible that will still allow for collocation opportunities and will not necessitate the construction of additional towers to achieve the same service coverage objectives.
(2)
Applicability. All new telecommunications
facilities and associated equipment buildings in the County shall be subject to these regulations.
New facilities shall include replacement of existing towers.
(a)
Conditional use approval will
be required for all:
(3)
Exceptions.
(a)
Amateur radio station operators and receive-only
operations. This subsection shall not govern any telecommunications
facility which is operated by a federally licensed amateur
radio station operator or is used exclusively for receive-only operations.
(b)
Placement of collocated antennas. The requirements
of this subsection shall not govern the placement of antennas, so
long as such placement does not violate height and setback provisions
of the zoning district in which such antennas are proposed as long
as required building permits or zoning certificates are issued.
(4)
Submission requirements for Board of Appeals conditional use approval.
(a)
In addition to other conditional use requirements set forth in Chapter 18:1, Part 5, Article XVII, applications for proposed telecommunications facilities shall
provide the following:
[1]
A system design plan that includes the following:
[a]
Radio frequency parameters;
[b]
Tower height;
[c]
Tower type or
facility;
[d]
Latitude and longitude of tower facility;
[e]
State plane coordinates;
[f]
Possible number of collocations the proposed telecommunications tower can accommodate
at capacity;
[g]
Radio frequency output; and
[h]
Effective radiated power and azimuth
antenna type.
[2]
Site plans and construction
drawings showing all equipment and/or storage buildings, shelters, landscaping, access, and environmental features on the site.
[3]
A map that demonstrates that the new structure will not interfere with existing or proposed government
microwave paths.
[4]
A County-wide coverage map
that illustrates County-wide coverage available with
and without the proposed telecommunications facility, including the County's public communications system.
This coverage map may be maintained by the County and provided in its most updated form to the applicant upon request.
[5]
A County-wide location map
that illustrates the applicant's existing, proposed, and anticipated telecommunications facilities over a period of five years.
Facilities anticipated in the future shall be designated on the location
map, and are not considered part of the current application. Board
of Appeals action on the current application in no way affects future
proposed facilities not part of the current application.
[6]
Aerial and ground photographs of the site and surrounding areas.
[7]
Photo simulations of the structure.
[8]
Evidence, including photographs, that a balloon
test was performed and that the public was informed in advance of
when the balloon test was to be conducted.
[10]
A landscaping plan that demonstrates
compliance with site design standards in this section.
[11]
A radio frequencies study performed
by a certified engineer that demonstrates that it is unlikely that
the combined frequencies (existing and proposed by the applicant)
will cause interference with County emergency services
at the ground level.
[12]
Letter or study by a certified
engineer that the existing structure is sound for
additional loading.
[13]
Proof of compliance with Federal
Communications Commission (FCC) and the Federal Aviation Administration
(FAA) regulations, where applicable.
[14]
An evaluation of the proposed
facility's relationship to other telecommunications towers,
antennas, and water tanks that are either:
[15]
Identification of any public or
private runway within one mile of a proposed telecommunications
tower.
[16]
A narrative report describing
all environmental features on the site, including wetlands (both tidal and nontidal), wetland buffers, streams, stream buffers, steep slopes, soils, woodlands, habitats for threatened and endangered species, and historic properties.
[17]
Documentation of the right to
gain lawful access to the property in order to install, construct,
operate, and maintain the proposed telecommunications facilities
and equipment buildings.
[18]
Legally binding agreements between
the owner of the proposed facility and at least one service provider,
wherein the service provider agrees to lease space on the tower. The name and address of each contracting provider
is required. If service agreements have not been executed at the time
of the Board of Appeals' approval, no building permit shall be issued
until at least one service agreement has been executed and provided
to the County.
[Amended 7-12-2016 by Ord. No. 16-06]
[19]
If the property is subject to
an easement, whether a conservation easement or otherwise, the applicant shall demonstrate that the construction
of the proposed telecommunications facility or equipment
will not violate the terms of the easement.
[20]
An alternatives analysis prepared
by the applicant, which addresses the following:
[a]
All reasonably feasible alternative
locations or facilities that would provide the proposed communication
service;
[b]
An analysis indicating whether
an existing facility can be structurally modified to accommodate the
applicant's proposed use and coverage area;
[c]
The potential for collocation at an existing or a new site and the potential
to locate facilities as close as possible to the intended service
area;
[d]
The rationale for selection of
the proposed site in view of the relative merits
of any of the feasible alternatives; and
[e]
Any physical and economic constraints
on selecting collocation sites.
[21]
Demonstration that the applicant
made a good faith effort to collocate with other carriers. Such good
faith effort shall include the following:
[a]
Use of the Planning
Department's tower database and tower map to identify and fully explore collocation opportunities;
[b]
Conducting a survey of all existing structures that may be reasonable for collocation;
[c]
Contact with other service providers
in the County; and
[d]
Sharing information necessary to
determine whether collocation is feasible under the
design configuration most accommodating to collocation.
(5)
Submission requirements for the building permit process.
(a)
Applications for proposed telecommunications
facilities shall provide the following:
[1]
A system design plan that includes the following:
[a]
Name, address, and phone number
of the property owner, facility owner and the service
provider;
[b]
Tax Map, block, parcel number and
street address of the subject property;
[c]
Conditional use approval case number of the existing tower/facility;
[d]
Radio frequency parameters;
[e]
Existing tower height; year erected;
[f]
Existing tower type or facility;
[g]
Latitude and longitude of tower facility;
[h]
State plane coordinates;
[i]
Number of antennas/devices proposed
on the existing tower;
[j]
Possible number of additional collocations the existing telecommunications tower can accommodate;
[k]
Radio frequency output; and
[l]
Effective radiated power and azimuth
antenna type.
[2]
Site plans and construction
drawings showing all equipment and/or storage buildings, landscaping, access, and environmental features on the site.
[3]
A County-wide coverage map
that illustrates County-wide coverage available with
and without the proposed telecommunications facility, including the County's public communications system.
This coverage map may be maintained by the County and provided in its most updated form to the applicant upon request.
[4]
A County-wide location map
that illustrates the applicant's existing, proposed, and anticipated telecommunications facilities over a period of five years.
Facilities anticipated in the future shall be designated on the location
map, and are not considered part of the current application.
[6]
A landscaping plan that demonstrates compliance
with site design standards in this section.
[7]
A radio frequencies study performed by a certified
engineer that demonstrates that it is unlikely that the combined frequencies
(existing and proposed by the applicant) will not cause interference
with County emergency services at the ground level.
[8]
Proof of compliance with Federal Communications
Commission (FCC) and the Federal Aviation Administration (FAA) regulations,
where applicable.
[9]
Documentation of the right to gain lawful access
to the property in order to install, construct, operate, and maintain
the proposed telecommunications facilities and equipment buildings.
[10]
Legally binding agreements between
the owner of the existing facility and the applicant or the service
providers, wherein the owner of the existing facility agrees to lease
space on the tower.
(6)
Criteria for review by Board of Appeals. The Board
of Appeals shall not approve any application for a new telecommunications
tower, except where the applicant demonstrates that:
(a)
Collocation is not a reasonably
feasible alternative to the proposed telecommunications tower, according to the following criteria:
[1]
Collocation would exceed the
structural capability of any existing commercial or publicly owned telecommunications facility, building,
or other structure that would provide the effective
signal coverage sought by the applicant, including structures that have been approved but have not been constructed. The Board
of Appeals must find that such structures cannot
be modified or reinforced to accommodate planned or equivalent equipment
at a reasonable cost;
[2]
Existing commercial or publicly owned telecommunications facilities, including those that have
been approved but are not yet constructed, do not have space on which
the proposed telecommunications facilities can be
placed so as to function effectively; and
[3]
Collocation cannot be accomplished
either without causing significant deterioration of visual appearance
with respect to bulk and height, or that such deterioration cannot
be remedied by camouflaging the facility.
(b)
That each of the following location, design
and landscaping standards has been met.
[1]
Illumination. No signal, lights, or illumination
shall be permitted on a proposed facility unless required by the FCC
or the FAA.
[2]
Signage. No signage shall be permitted that
is not required by FCC on the telecommunications facility.
[3]
Sites of significant public
interest. Telecommunications facilities shall not
unreasonably interfere with the view of, or from, sites of significant public interest, such as a public park, a state-designated
scenic road, or a state-designated historic site.
[4]
Building height. Telecommunications
facilities shall not exceed height limitations set forth in this Chapter 18:1, Part 3, Article V. Telecommunications
facilities may locate on a building that
is legally nonconforming with respect to height, provided that the
facilities do not project above the existing building height. The building height of telecommunications
equipment buildings shall not exceed 15 feet.
[5]
Setbacks.
[a]
A telecommunications facility shall be set back from all property lines a distance equal to the
height of the tower. Upon a showing by the applicant
that the proposed telecommunications tower is structurally
engineered in such a manner that a reduced fall zone is adequate,
the Board of Appeals may reduce the facility setback to no less than
1/2 the height of the proposed tower plus 10 feet.
Such a showing must be based on the written testimony of a structural
engineer or other qualified professional.
[b]
All lattice towers and guy towers shall be at least 300 feet from
any residential structure. Telecommunications
facilities shall be situated at least 200 feet from any public
park or recreational area.
[c]
Guy wire anchors shall be setback
at least 20 feet from any property line.
[6]
Future collocations. The telecommunications facility shall be constructed so as to
provide adequate capacity for the future collocation of at least five commercial or publicly owned
carriers for towers equal to or more than 175 feet
height or three commercial or publicly owned carriers for towers less than 175 feet height. The Board of Appeals may allow a reduction in this requirement upon a showing that full compliance is not reasonably possible due to structural, financial, or aesthetic concerns, or that full compliance would result in violation of a provision of Chapter 18.
[7]
Tower color. Telecommunications
towers shall be gray or a color that minimizes visibility,
unless the FCC or the FAA requires a different color.
[8]
Camouflaging. Commercially available technology
shall be employed to minimize tower visibility, with
specific reference to size, color, and silhouette properties. Camouflaging
shall be required so that the telecommunications facility is not readily visible from an adjacent property. However, this
requirement may be waived or modified where the applicant demonstrates
that camouflaging is financially or structurally unreasonable or otherwise
prohibits a telecommunications carrier from providing service within
the County. Such demonstration must be supported
by submission of a statement of position, qualifications, and experience
by a licensed radio frequency engineer.
[9]
Landscaping. Plant materials should be used
to improve site aesthetics by buffering the base
of the towers and telecommunications equipment
buildings. Security fencing should be attractive and of high-quality
material.
[10]
Security fence. A fence or wall
not less than eight feet in height from finished grade shall be installed
so as to enclose the base of any proposed telecommunications
tower and equipment building. Access to the tower shall be controlled by a locked gate. The fence or wall shall be
of wood construction and shall be designed so as to blend with the
surrounding area.
[11]
Telecommunications equipment
buildings. Equipment buildings not completely
screened by a security fence shall have pitched roofs and shall be
constructed of either masonry or wood, with wood, vinyl, reinforced
concrete, or other good quality siding material. All utilities not
located within an equipment shelter or otherwise completely screened
by a security fence shall be placed underground.
(7)
To the extent a proposed telecommunications
facility complies with FCC regulations concerning radio frequency
emissions, the Board of Appeals shall not base a denial of an application
for a telecommunications facility on the environmental
effects of radio frequency emissions.
(8)
Termination of use.
(a)
Board of Appeals approval of a telecommunications
facility depends on its continued use as
a wireless communications facility. In the event that a telecommunications
facility ceases to be used for a period of one year, conditional use approval shall be deemed revoked. The applicant shall
take all necessary steps to dismantle the facility and remove and
dispose of all remnants and materials from the subject parcel within
90 days after revocation of the conditional use approval.
The applicant shall ensure removal of the telecommunications
facility and all associated accessory structures, including foundations, by posting a monetary guarantee, in accordance with Part 7, Article XXVII, of this Chapter 18:1. The guarantee shall be submitted prior to the issuance of a building permit and shall be for an amount equal to the total cost estimate approved by the Planning Director for the removal of the facility, plus
a fifteen-percent contingency.
(b)
If, prior to the revocation, the Planning
Director is presented with evidence that further viability
of the facility is imminent, the Planning Director may grant one extension of the conditional use approval
for a period not to exceed a total of 18 months beyond the termination
of use as a wireless communications facility. Once
revoked, the applicant must submit a new application for conditional use approval to resume operation as a wireless communications
facility.
(9)
Board of Appeals denial. Should the Board of Appeals
decide that denial of an application under this subsection is appropriate,
the Board of Appeals shall set forth the reasons for the denial in
writing supported by substantial evidence contained in a written record.
(10)
Expert review. Where due to the complexity of
the methodology or analysis required to review an application for
a telecommunications facility, the Planning
Director may require a technical review by a third party
expert, the costs of which shall be borne by the applicant.
(a)
The expert review may address the following:
(b)
Based on the results of the expert review, the Planning Director may require changes to the applicant's
application or required submissions.
(c)
The applicant shall reimburse the County within 10 working days of the date of receipt of an invoice for
expenses associated with the third party expert's review of the application.
Failure by the applicant to make reimbursement pursuant to this subsection
shall abate the pending application until payment in full is received
by the County.
(11)
Limited variance available.
A variance may be granted to the provisions of this subsection, only where the Board makes one of the following findings in addition to those set forth under § 18:1-121:
(a)
That failure to grant the variance would prohibit or have the effect of prohibiting the provision of
personal wireless services;
(b)
That failure to grant the variance would unreasonably discriminate among providers of functionally
equivalent personal wireless services;
(c)
That the variance will obviate
the need for additional telecommunications towers;
(d)
That the variance is necessary
to ensure adequate public safety and emergency management communications;
or
(e)
That the variance is the minimum
necessary in order for the applicant to provide broadcast services
pursuant to an FCC-issued construction permit.
C.
Airports, landing strips, and heliports.
(1)
Airports, private airports, private landing strips, and private or public heliports may be required to install buffer yards and/or
other noise abatement devices to insure that surrounding properties
and public rights-of-way are protected from adverse impacts of the use.
(2)
The applicant shall demonstrate that the proposed
airport, private airport, private landing
strip, or private or public heliport meets:
(3)
An application for an airport, private landing
strip, or private or public heliport may
not be considered unless it is accompanied by a plan, drawn to scale,
showing:
(a)
The proposed location of the facility, boundary
lines, dimensions, names of abutting property
owners, proposed layout of runways, landing strips or pads,
taxiways, aprons, roads, aircraft and vehicle parking areas, navigational aids, hangars, buildings, and other structures, such as water towers and telecommunications towers; and
(b)
The location and height of all buildings, structures, trees, and overhead wires falling
within approach and departure patterns and less than 500 feet from
the boundary lines of the airport.
(4)
The application shall also indicate the location of
all existing airports, private airports, private landing strips, and public and private heliports within a five-mile radius.
(5)
The Board of Appeals shall consider the impact a proposed
airport, private airport, private landing
strip, or private or public heliport may
have upon adjacent residential areas and may include such conditions
in its approval of the proposed use as it considers
advisable to preserve the quiet enjoyment of such residential areas
including, but not limited to, restrictions on:
(6)
Notwithstanding the limits on the number of aircraft
allowed to use a private airport or landing strip, the Board of Appeals may approve the temporary use of private airports or landing strips by aircraft
used for agricultural spraying or fertilizing upon the specific request
of the applicant and only under such conditions as the Board of Appeals
may find are consistent with the nature and size of the facility,
impacts on adjacent lands and uses, and the legitimate
needs or convenience of properties to be served by such agricultural
spraying or fertilizing.
(7)
Any building, hangar, or other structure shall be at least 100 feet from any street or lot line.
(8)
All major repairs of aircraft and machinery shall
be conducted inside hangars.
D.
Marinas and covered slips.
(1)
Dimensions and locations of channels shall be designed
to achieve maximum flushing of the marina basin.
(2)
The flow and volume of the natural drainage system,
both on-site and on adjacent properties, shall be maintained.
(3)
Use of impervious ground surfacing shall be minimized
wherever possible.
(4)
Reasonable distances shall be maintained between water
and parking and loading areas.
(5)
New commercial marinas of more than
20 slips shall be developed only as part of a mixed-use project, including
one or more of the following uses permitted in the
underlying zoning district:
(6)
New marinas and additions to existing marinas shall be serviced by sanitary sewer connections
for pump outs for boat slips within the marina.
(7)
All on-site storage of flammable liquids shall be subject to the requirements of § 18:1-58B and C.
(8)
All covered slips and piers shall comply with applicable
state and federal regulations.
E.
Major extraction, major and minor dredge disposal, and organic fertilizer storage and transfer operations.
(1)
Extraction includes sand, clay, shale, gravel, topsoil
or similar extractive operations, including borrow pits (excavations
for removing material for filling operations), and dredge disposal
operations are limited to land disposal or storage of dredge materials
from navigable waters, and organic fertilizer storage and
transfer operations are limited to use of
the fertilizer on the property on which the operation is proposed.
(2)
All applications for a zoning permit for all industrial
or agricultural support proposals requiring conditional use approval shall, in addition to what is otherwise required
for a conditional use permit, be presented to the Planning Commission during a public hearing. The Planning Commission shall forward its report and recommendations
to the Board of Appeals within 60 days of the Planning Commission's review. The Board of Appeals shall not render its decision until
the Planning Commission recommendations have been
received and reviewed.
[Amended 9-7-2004 by Ord. No. 04-27]
(a)
Any extraction and disposal proposals for the
treatment of effluent for a single-family home or community effluent
systems that are part of a residential subdivision, are excluded from this requirement.
(b)
Any alteration to a proposed end use or reclamation use requires mandatory Board of
Appeals approval.
(3)
When applying for a zoning permit, the applicant shall
provide, in addition to what is otherwise required for a conditional use permit:
(a)
A plan of general area within a one-mile radius
of the site at a scale of 1,000 feet to the inch or less with a ten-foot contour interval or less that includes the information specified in Subsection E(4) of this section;
(4)
The general plan shall show:
(a)
Existing data that includes:
(c)
The proposed operation of the site that includes:
[1]
For extractive operations:
[a]
Type of material to be removed;
[b]
Annual removal rate;
[c]
Methods of extraction, including
types of equipment, use of conveyors and use of blasting materials;
[d]
Supplementary processes, drying,
grading, mixing or manufacturing;
[e]
Estimated life of the operation
and maximum extent of area disturbed, final depths and side wall slopes;
and
[f]
Approved sediment erosion control
plan.
[2]
For dredge disposal facilities and organic
fertilizer storage and transfer operations:
[a]
Approximate number of cubic yards
of dredge material to be accepted per day, or thousands of gallons;
[b]
A detailed description of the operation;
[c]
Methods of protecting material
from exposure to wind, rain, or biological influences;
[d]
Type and origin of the materials;
[e]
The average number of vehicles
entering the site and the routes taken to get there;
[f]
The ability of roads and bridges to support such loadings;
[g]
On-site management techniques used
to protect against odor, dust, litter and animal or insect vectors;
and
[h]
Data on previous developments that have been approved by the County for building
permits, zoning reviews, subdivisions or land developments.
(5)
A plan of the proposed site shall
show:
(b)
Proposed usage that includes:
[1]
Final grading by contours;
[2]
Interior road patterns and
the relation to operation yard and points of ingress and egress to
state and County roads;
[3]
Estimated amount and description of aggregate
and overburden to be removed;
[4]
Ultimate use and ownership
of the site after completion of operation; and
[5]
Source of water if the final plan shows use
of water.
(6)
A plan of operation shall show:
(a)
Proposed tree and berm screen locations;
(b)
Soil embankments for noise, dust and visual
barriers and heights of spoil mounds;
(c)
Method of disposition of excess water during
operation;
(d)
Location and typical schedule of blasting that complies with the criteria in Subsection E(7) below.
(e)
Machines (type and noise levels); and
(f)
Safety measures (monitoring of complaints).
(7)
End uses.
(a)
Concept plan; required information.
[1]
A plat shall contain a location map that indicates
the location of the proposed end use or reclamation
project in relation to municipal boundaries and traffic facilities.
[2]
A plat shall show the boundaries of the land
that is the subject of the application and specify the location and
position of the proposed end use or reclamation project.
A copy of the property deed must be indicated.
[3]
A plat shall show the status of all land adjacent
to the property that is the subject of the application.
[4]
A plat shall indicate the characteristics of
the land to be reclaimed or developed with an end use proposal and all resources that require protection in accordance with Part 4 of this Chapter 18:1. In addition, a complete set of natural resource calculations in accordance with the requirements of Part 4; Article IX, of this Chapter 18:1 must be submitted.
[5]
The plat shall indicate the base site
area, which shall meet the density/intensity
requirements of the underlying zoning district.
[6]
The plat shall indicate all existing and proposed structures, roads, parking areas, and setbacks including dimensions. Parking and buffer yards must be shown on the plat and
must include all computations as to how numbers were arrived at.
[7]
The plat should include an environmental review
with comments by the appropriate state agency. In
the case of new extraction operation, critical areas designation and
delineation (IDA, LDA, and RCA) and buffers must be indicated on the
plat. Dredge disposal uses are not permitted in the
critical area buffers.
[9]
The concept plan shall indicate the following site statistics, if applicable:
[a]
Minimum required landscape
surface area for site;
[b]
Proposed landscape surface
area;
[c]
Maximum amount of allowable floor area;
[d]
Floor area proposed;
[e]
Number of required parking spaces;
[f]
Zoning of proposed and adjacent sites;
[g]
Amount of allowable impervious
area;
[h]
Amount of proposed impervious area;
and
[i]
Area of proposed roads for right-of-way.
[10]
The concept plan shall outline
the following:
[11]
The concept plan shall include
provisions for on-site water testing at the start of the reclamation/end use project and annual testing thereafter for a period of
no less than 10 years. The results shall be forwarded to the Department
of Environmental Health.
[12]
The concept plan shall provide
information on stabilization measures including an approved sediment
and erosion control plan.
[13]
The concept plan will indicate
that only clean fill may be used for reclamation.
[14]
The concept plan will indicate
that an excavation area may not be reclaimed as a sanitary landfill
or rubble landfill or used for sludge disposal.
[15]
In the case of dredge disposal
operations, an easement shall be granted to the County restricting future use of the site to an activity compatible with a reclaimed disposal use such as public recreation or open space.
[16]
If the end use is to be an open space use, then
documentation shall be provided indicating who shall own and maintain
the site and draft restrictive covenants shall be submitted.
[17]
A final contour and site
plan shall be submitted if the end use is
to be an open space use. All piles
of disturbed earth or material resulting from the excavation or filling
operation shall be graded to a smooth contour to control erosion and
to prevent ponding and undrained water pockets.
[18]
A declaration shall be submitted
binding their heirs and assigns to utilize the land in accordance
with said development plan and reclamation or end use until excavation processes cease and the reclamation
or end use is completed.
[19]
Legal documents shall be created
outlining the legal responsibility for any environmental pollution
that occurs after the facility is closed.
[20]
Evidence shall be submitted outlining
the financial ability to clean up any pollution that may occur after
the facility is closed.
[21]
Detailed engineering studies shall
be provided by the applicant setting forth the estimated cost of the
accepted plan for rehabilitation. A performance guarantee, which is determined to be suitable by the Board of Appeals, shall
be submitted to cover the estimated cost of the accepted plan for
end use or reclamation.
[22]
Upon abandonment of excavation
and dredge disposal operations, all access roads shall
be suitably barricaded to prevent the passage of vehicles, whether
into or out of the abandoned area, except where such access is needed
for vehicles engaged in rehabilitation work.
[23]
All machinery and structures not related to the operation of the end use shall
be completely removed.
[24]
In the case of dredge disposal
operations, a vegetated berm must be created to completely screen
the site of a width no less than 20 feet and a height
of six feet.
(b)
Determination by the Planning Director. If the Planning Director determines on the basis
of the application that all information sufficient to evaluate the
requested determination has been furnished, the Planning Director shall so inform the owner in writing. Alternatively, the Planning Director may require the applicant to submit additional
information, which the Planning Director deems necessary
for a full and complete consideration of the requested determination.
Until such information is furnished, an application is not complete
under this section.
(c)
Any alteration to the proposed end use or reclamation will require mandatory Board of Appeals approval.
(8)
Major extraction and major and minor dredge
disposal activities.
(a)
Extraction and dredge disposal activities shall
comply with the performance standards specified in this subsection.
(b)
Extractive operations shall meet all development and performance standards set forth in of this Chapter 18:1 and all applicable local, state and federal regulations.
(d)
Screening. A vegetative buffer
of no less than 20 feet wide shall screen the proposed active portion
of all extraction and dredge disposal uses. This
buffer will consist of mature plant material of significant size and density capable of providing immediate buffering capacity. This buffer will occur regardless of the presence
or absence of any required district boundary requirements or street
buffer requirements. The buffer shall be expanded to 50 feet in width
when adjacent to incompatible uses. The Planning
Director shall determine the most suitable location for the
buffer that will provide the largest screening benefit.
Open storage of equipment and materials shall be allowed only in areas
screened from the view of surrounding lots.
(e)
Grading and drainage.
[1]
All excavations shall be graded in such a way
as to provide an area that is harmonious with the surrounding terrain
and not dangerous to human or animal life.
[2]
Excavations shall be graded and backfilled to
the grades indicated by the site plan. Grading and
backfilling shall be accomplished continually and as soon as practicable
after excavation. Grading and backfilling may be accomplished by use of construction rubble such as concrete, asphalt, etc.,
or other materials, providing that such materials are composed of
nonnoxious, noncombustible solids.
[3]
Grading and backfilling shall be accomplished in such a manner that the slope of the fill or its cover shall not exceed normal angle of slippage of such material, or 33 in angle, whichever is less. During grading and backfilling, the setback requirements in Subsection E(8)(c) of this section may be reduced so that the top of the graded slope may not be closer than 25 feet to any lot line, 75 feet to any street line and 100 feet to any
nature reserve or residential district boundary line.
[4]
When excavations that provide for a body of
water are part of the final use of the tract, the
banks of the excavation shall be sloped to a minimum ratio of seven
feet horizontal to one foot vertical, beginning at least 50 feet from
the edge of the water and maintained into the water to a depth of
five feet.
[5]
Drainage shall be provided, either natural or
artificial, so that disturbed areas shall not collect or permit stagnant
water to remain.[1]
[1]
Editor’s Note: Former Subsection E(9), Major extraction
operations, added 4-14-2009 by Ord. No. 08-20, which immediately followed,
was removed pursuant to a decision of the Maryland Court of Special
Appeals, which held that Ord. No. 08-20 had been preempted by state
law.
F.
Minor extraction.
(1)
Minor extraction includes sand, gravel, or similar
extraction and clean fill storage operations. One minor extraction
per lot shall be permitted. Further expansion for
each additional minor extraction or a second minor extraction on the
same lot or through administrative subdivision of the same lot within five years of the date that
the minor extraction permit is issued shall be prohibited.
[Amended 4-11-2017 by Ord. No. 16-15]
(2)
For a minor extraction operation, the applicant shall
provide, in addition to what is otherwise required for a conditional use permit:
(a)
A general area plan within a one-mile radius from the extraction operation at a scale of 1,000 feet to the inch or less that includes the information specified in Subsection F(4) of this section;
(b)
General operational information that includes the information specified in Subsection F(5) of this section;
(c)
An approved sediment and erosion control plan;
(f)
An end use plan for the rehabilitation
of the site after the extraction operation is completed that includes the information specified in Subsection F(8) of this section; and
(g)
Detailed engineering studies setting forth the
estimated costs of the accepted plan for rehabilitation. A performance guarantee which is determined to be suitable
by the Board of Appeals shall be submitted to cover the estimated
cost of the accepted plan for the end use or reclamation.
(3)
Any alteration to a proposed end use or reclamation use requires mandatory Board of
Appeals approval.
(6)
Proposed usage information shall include:
(a)
Final grading by contours;
(b)
Interior road patterns and
the relation to operation yard and points of ingress and egress to
state and County roads;
(c)
Estimated amount and description of aggregate
and overburden to be removed;
(d)
Ultimate use and ownership
of the site after completion of operation; and
(e)
Source of water if final plan shows use of water.
(7)
The plan of operation shall show:
(8)
End uses.
(a)
Concept plan, required information.
[1]
A plat shall contain a location map that indicates
the location of the proposed end use or reclamation
project in relation to municipal boundaries and traffic facilities.
[2]
A plat shall show the boundaries of the land
that is the subject of the application and specify the location and
position of the proposed end use or reclamation project.
A copy of the property deed must be indicated.
[3]
A plat shall show the status of all land adjacent
to the property that is the subject of the application.
[4]
A plat shall indicate the characteristics of
the land to be reclaimed or developed with an end use proposal and all resources that require protection in accordance with Part 4 of this Chapter 18:1. In addition, a complete set of natural resource calculations in accordance with the requirements of Part 4; Article IX, of this Chapter 18:1 must be submitted.
[5]
The plat shall indicate the base site
area, which shall meet the density/intensity
requirements of the underlying zoning district.
[6]
The plat shall indicate all existing and proposed structures, roads, parking areas, and setbacks including dimensions. Parking and buffer yards must be shown on the plat and
must include all computations as to how numbers were arrived at.
[7]
The plat should include an environmental review
with comments by the appropriate state agency. In
the case of new extraction operation, critical areas designation and
delineation (IDA, LDA, and RCA) and buffers must be indicated on the
plat.
[9]
The concept plan shall indicate the following site statistics, if applicable:
[a]
Minimum required landscape
surface area for site;
[b]
Proposed landscape surface
area;
[c]
Maximum amount of allowable floor area;
[d]
Floor area proposed;
[e]
Number of required parking spaces;
[f]
Zoning of proposed and adjacent sites;
[g]
Amount of allowable impervious
area;
[h]
Amount of proposed impervious area;
and
[i]
Area of proposed roads for right-of-way.
[10]
The concept plan shall outline
the following:
[11]
The concept plan shall include
provisions for on-site water testing at the start of the reclamation/end use project and annual testing thereafter for a period of
no less than 10 years. The results shall be forwarded to the Department
of Environmental Health.
[12]
The concept plan shall provide
information on stabilization measures including an approved sediment
and erosion control plan.
[13]
The concept plan will indicate
that only clean fill may be used for reclamation.
[14]
The concept plan will indicate
that an excavation area may not be reclaimed as a sanitary landfill
or rubble landfill or used for sludge disposal.
[15]
If the end use is to be an open space use, then
documentation shall be provided indicating who shall own and maintain
the site and draft restrictive covenants shall be submitted.
[16]
A final contour and site
plan shall be submitted if the end use is
to be an open space use. All piles
of disturbed earth or material resulting from the excavation or filling
operation shall be graded to a smooth contour to control erosion and
to prevent ponding and undrained water pockets.
[17]
A declaration shall be submitted
binding their heirs and assigns to utilize the land in accordance
with said development plan and reclamation or end use until excavation processes cease and the reclamation
or end use is completed.
[18]
Legal documents shall be created
outlining the legal responsibility for any environmental pollution
that occurs after the facility is closed.
[19]
Evidence shall be submitted outlining
the financial ability to clean up any pollution that may occur after
the facility is closed.
[20]
Detailed engineering studies shall
be provided by the applicant setting forth the estimated cost of the
accepted plan for rehabilitation. A performance guarantee, which is determined to be suitable by the Board of Appeals, shall
be submitted to cover the estimated cost of the accepted plan for
end use or reclamation.
[21]
Upon abandonment of excavation
operations, all access roads shall be suitably barricaded
to prevent the passage of vehicles whether into or out of the abandoned
area, except where such access is needed for vehicles engaged in rehabilitation
work.
[22]
All machinery and structures not related to the operation of the end use shall
be completely removed.
(b)
Determination by the Planning Director. If the Planning Director determines on the basis
of the application that all information sufficient to evaluate the
requested determination has been furnished, the Planning Director shall so inform the owner in writing. Alternatively, the Planning Director may require the applicant to submit additional
information, which the Planning Director deems necessary
for a full and complete consideration of the requested determination.
Until such information is furnished, an application is not complete
under this section.
(c)
Any alteration to the proposed end use or reclamation will require mandatory Board of Appeals approval.
(9)
Performance standards.
(a)
Extraction activities shall comply with the
performance standards specified in this subsection.
(b)
Extraction operations shall meet all development and performance standards of this Chapter 18:1 and all applicable local, state, and federal regulations.
(d)
Grading.
[1]
All excavations shall be graded in such a way
as to provide an area which is harmonious with the surrounding terrain
and not dangerous to human or animal life.
[2]
Excavations shall be graded and backfilled to
the grades indicated by the site plan. Grading and
backfilling shall be accomplished continually and as soon as practicable
after excavation. Grading and backfilling may be accomplished by use of construction rubble, such as concrete, asphalt, etc.,
or other materials, providing such materials are composed of nonnoxious,
noncombustible solids.
[3]
Grading and backfilling shall be accomplished in such a manner that the slope of the fill or its cover may not exceed normal angle of slippage of the material, or 33° in angle, whichever is less. During grading and backfilling, the setback requirements in Subsection F(9)(c) of this section may be reduced so that the top of the graded slope may not be closer than 25 feet to any lot line, 75 feet to any street line, and 100 feet to any
nature reserve or residential district boundary line.
[4]
When excavations that provide for a body of
water are part of the final use of the tract, the banks of the excavation shall be sloped to a minimum ratio
of seven feet horizontal to one foot vertical, beginning at least
50 feet from the edge of the water and maintained into the water to
a depth of five feet.
[5]
Drainage shall be provided, either natural or
artificial, so that disturbed areas may not collect or permit stagnant
water to remain.
(e)
Truck access to any excavation shall be so arranged
as to minimize danger to traffic and nuisance to surrounding properties.
(f)
Vegetative cover.
[1]
When open space is the final
end use for the site, all land that
is not covered by water shall be covered with a sufficient amount
of arable soil to support vegetation. A planting plan shall be prepared
for the entire finished site using various types
of plant material for the prevention of soil erosion and to provide
vegetative cover.
[2]
When buildings are proposed
as part of the final end use for the site, areas adjacent to proposed buildings shall be
planted with a vegetative cover in keeping with the requirements of
the ultimate building purposes.
(g)
Hydraulic dredges, wash plants and large excavators shall be
prohibited.
[Added 4-11-2017 by Ord.
No. 16-15]
G.
Bed-and-breakfasts and country
inns.
(1)
A bed-and-breakfast or country
inn may be approved as an adaptive reuse of an existing building, provided that the structure is at least 10 years old.
[Amended 9-7-2004 by Ord. No. 04-11]
(3)
In noncommercial districts, only one thirty-five-square-foot sign shall be allowed. Signs shall be set
back from the road to maintain a rural character
except in areas where adjoining uses are on the road.
(5)
Restaurant size shall be limited
to the number of rooms in the facility.
H.
Campgrounds.
(1)
For all campgrounds, a three-inch caliper tree shall be planted within each campsite not located
in a wooded area.
K.
Manufactured home communities.
(1)
In the SE and SR Districts, manufactured home
community sites shall provide a minimum
of 60% open space in the SE District and 45% open space in the SR District. At this open space
ratio and the permitted density in the SE
and SR Districts, the use shall be considered to have met the provisions of § 18:1-94A of this Chapter 18:1. Further, the requirements in § 18:1-94B and C of this Chapter 18:1 should be reviewed only as the manufactured home community differs in intensity from permitted uses in the
district.
(2)
In the NC-T District, the density shall be determined by the minimum lot area in
the district. The requirement for open space shall be the same as that required for Suburban Residential Districts in Subsection K(1) of this section, and lot size shall
be no less than 4,000 square feet in any case.
(3)
The following specific conditions shall apply.
(a)
Buffer landscaping between the manufactured
home community and any existing single-family dwellings shall be of sufficient width and plant density to
serve as an effective screen. The use of berms and/or
evergreen plantings may be required.
(b)
Double-wide manufactured units may be required
on the outer fringe of the development near existing residential uses.
(c)
The manufactured home community may not be used as a seasonal or vacation community, but rather
is clearly intended to meet the needs of full-time residents of the County.
L.
First-floor commercial apartments.
(1)
Square footage of a first-floor commercial
apartment shall be minimized to the extent practicable in
order to insure that the dwelling is affordable and
the use of the building remains
substantially commercial.
(3)
The developer shall provide landscape surface area at the entrance of each unit.
M.
Truck stops and travel plazas.
(1)
A truck stop or travel plaza:
(a)
May not locate any building or parking area within 200 feet of any residentially
zoned district;
(b)
May not be located on a parcel that is less
than 25 acres; and
(c)
Shall include architectural design features
that provide compatibility between the proposed buildings and other commercial buildings in the area.
(2)
All on-site lighting at a truck stop or travel
plaza shall be sized and directed to provide for minimal
light spillage onto adjacent properties.
(3)
The Board of Appeals may require additional landscaping, screening, and berming as necessary to minimize the visual
and noise impact of the truck stop or travel plaza on adjacent properties.
N.
Country store.
(1)
A country store shall be located
only at an intersection involving a minor arterial or collector
road as designated by the State Highway Administration or
the Comprehensive Plan.
(2)
No country store shall be located
within one mile of an existing Village Center (VC) Zoning District.
(3)
If the access of a country store is
to a state road, a State Highway Administration access
permit shall be obtained.
(4)
Total floor area of a country
store and accessory residential units may not exceed 3,000
square feet.
(5)
(6)
No outside storage or display of
merchandise is allowed.
(8)
(Reserved)
(9)
The maximum building height of a country store is 45 feet.
(10)
One wall sign is allowed, provided
that the wall sign does not exceed 16 square feet
in area.
(12)
A country store may contain
up to two accessory residences above the first floor of the store building.
(13)
A country store may contain
eat-in and/or carry-out food service, provided that
no more than 50% of the total nonresidential floor area is used for food preparation and dining area.
(15)
A landscaping plan for a country store shall be submitted and approved in conjunction with the site plan.
(16)
To the extent possible, impervious surfaces shall be limited.
O.
Rural country club.
[Amended 1-17-2006 by Ord. No. 05-28]
(1)
A rural country club shall include
at least one eighteen-hole golf course. Additional golf courses, practice
putting greens and driving ranges may be permitted.
(2)
Permitted accessory facilities.
(a)
Permitted accessory facilities for a rural country club, all of which shall be approved by the
Board of Appeals, may include the following uses, subject to the floor area ratio (FAR) provisions as set forth in § 18:1-14D(2)(b) and § 18:1-15D(2)(a):
(b)
Additional proposed accessory features or facilities
shall require a determination from the Planning Commission and the Board of Appeals that the proposed features or facilities
will not materially impact neighboring properties and are appropriate,
given site location, site conditions
and zoning classification.
(3)
A rural country club may be open
to the public and/or may offer both full (golfing) membership subscriptions
and social (nongolfing) membership subscriptions.
(4)
Following Board of Appeals conditional use approval and as part of mandatory site plan review,
the Planning Commission shall determine that the proposed development's design standards relating to architecture
and building materials are consistent with the character
and complement the built environment of the area.
(5)
Special events which are traditionally associated
with a private country club are permitted. These may include private
functions, such as weddings, parties and receptions, as well as nonprivate
tournaments and other special events which are held for the benefit
of a public agency or a charity, organization or
foundation recognized by the Internal Revenue Service of the United
States Government as having nonprofit status.
(7)
A rural country club development proposal
may include a residential component. The residential component must
satisfy all zoning district requirements, performance standards and
all other applicable state and County regulations.
The developer must demonstrate comparability between
the residential component and the golf course, in terms of land use, site aesthetics, safety and all other
considerations and conditions specified in this and other sections
of the Queen Anne's County Code.
(8)
As directed by the Planning Commission, a rural country club shall provide buffers to shield
neighboring residential uses from the effects of
noise, hazards and nuisances.
(9)
As directed by the Planning Commission, a rural country club shall provide screening to prevent light and glare spillover to adjacent
neighboring residential uses.
(10)
A proposal to develop a rural country
club shall include a traffic study to determine impacts to
the surrounding community. The traffic study shall be conducted consistent
with guidelines, standards, rates and methodologies established by
the Institute of Transportation Engineers. In addition to considering
the traffic which will be generated by regular rural country
club operations, the traffic study shall also consider the
impact of special events which the development is
designed to accommodate. If the traffic study identifies that the
proposed development will adversely impact existing
traffic conditions, it shall be the responsibility of the developer to make whatever physical improvements are necessary
to keep the traffic study area at the existing level of service.
P.
Agricultural conference facilities.
[Added 9-5-2006 by Ord. No. 06-10]
(1)
An agricultural conference facility shall be located on a single tract or parcel of
land, zoned AG containing a minimum acreage of 100 acres.
(a)
The AG conference facility shall
be located in an area where agriculture is the predominate use.
(b)
The proposed conditional use shall require a determination from the Board of Appeals that the
proposed uses and/or facilities will not adversely
impact neighboring properties and are appropriate given site location and site conditions.
(2)
Overnight accommodations are prohibited.
(3)
Special events of a non-agricultural nature shall
be permitted, provided they do not constitute a majority of events
held at the facility. In addition to these limitations, the Board
of Appeals may further limit or prohibit non-agricultural special
events if the Board of Appeals finds that such activity would have
an adverse impact on traffic or neighboring properties.
Q.
High dry storage facilities or rackominiums.
[Added 2-24-2009 by Ord. No. 08-19]
(1)
Purpose and intent. The purpose of this subsection
is to establish general guidelines for the establishment and siting
of high dry storage facilities or rackominiums.
(2)
High dry storage facilities or rackominiums of more than 10,000 square feet shall be developed only as part
of a mixed-use project, including one or more of
the following uses permitted in the zoning district:
(a)
Commercial apartments;
(b)
Maritime convenience store;
(c)
Restaurants;
(d)
Retail shops and boutiques;
(e)
Office and meeting office space;
(f)
Luxury rest facilities or club house;
(g)
Shower areas, changing rooms, lockers and lounging
areas;
(h)
Full-service fueling station;
(i)
Marina to support slips; and
(j)
Pedestrian boardwalk along waterway with public
access.
(3)
High dry storage facilities or rackominiums shall be serviced by sanitary sewer connections for pump outs for
boat slips within the marina.
(4)
Outside storage of boats is not permitted.
(5)
All on-site storage of flammable liquids shall be subject to the requirements of § 18:1-58B and C.
(6)
Reasonable distances shall be maintained between
water and parking, loading and storage areas.
(7)
Use of impervious ground surface shall be minimized wherever possible.
(8)
Dimensions and locations of channels shall be
designed to achieve maximum flushing of the marina basin.
(9)
The flow and volume of the natural drainage
system, both on-site and on adjacent properties, shall be maintained.
(10)
The site must be landscaped,
aesthetically lighted with security gates, fences and recreational amenities with public access to pedestrian walkways to access
pedestrian boardwalks along the waterway.
(11)
Building/structure design must
include facades that are compatible with surrounding
using architectural features such as windows, peaked roofs and other
architectural features that create roof breaks and breaks in the facade.
(12)
All height, setback, FAR and
other bulk standards of the zoning district must be met.
R.
Resort hotels.
[Added 12-8-2009 by Ord. No. 09-23]
(1)
Resort hotels in the Countryside District shall
be permitted only as an expansion of a country inn or resort hotel that was operating as of January
1, 2009.
(2)
Resort hotels may include a restaurant providing dining facilities to its guests as well as members of
the general public.
(3)
Resort hotels may include conference and reception
facilities and activities.
(4)
Resort hotels may include recreational amenities such as swimming facilities, spas, exercise areas,
docks, boating, environmental tourism activities as well as other
ancillary uses customary and incidental to the resort hotel use, provided that any such recreational amenities and ancillary uses are part of
the conditional use approval.
(5)
Resort hotels shall be limited to not more
than 125 guest rooms.
S.
Solar arrays.
[Added 12-13-2011 by Ord. No. 11-07; amended 1-23-2018 by Ord. No. 17-17]
(1)
Purpose and intent. The purpose of this subsection is to establish
guidelines for the siting of a utility-scale solar array and accessory equipment, buildings or facilities
that generate, maintain, operate, manage, store, distribute and transmit
power, other than facilities designed for small-scale solar
array applications.
(a)
The goals of this subsection are to:
[1]
Protect existing residential areas and land uses from potential adverse impacts, while accommodating utility-scale
solar arrays in the County's Solar Array Overlay Map.
[2]
Encourage the configuration of solar arrays so that adverse visual impacts are minimized through careful design,
siting, and landscaping screening and buffering.
[3]
Encourage the configuration of solar arrays so that the health, safety, and general welfare of the public are
protected.
(2)
All applications for zoning permits for solar arrays requiring conditional use approval shall, in addition
to what is otherwise required for a conditional use permit, present a special application in accordance with § 18:1-143 to the Planning Commission during a public meeting.
The Planning Commission shall forward its report
and recommendations to the Board of Appeals within 60 days of the Planning Commission's review. The Board of Appeals shall
not render its decision until the Planning Commission recommendations have been received and reviewed.
(3)
Submission requirements for Board of Appeals conditional use approval.
(a)
In addition to other conditional use requirements set forth in Chapter 18:1, Part 5, Article XVII, applications for utility-scale solar arrays shall provide and show the following:
[1]
Preliminary engineered construction drawings, including but
not limited to grading and stormwater management.
[2]
The proposed location of equipment and/or storage structures and shelters, landscaping, and site access, including
during and after construction.
[3]
All existing conditions, structures, and site access.
[a]
Existing conditions, including documentation of
consultation with Maryland Historic Trust, shall show historic
structures or features or other heritage and cultural resources.
If a project uses federal or state monies, a Section 106 shall be
filed. The utility-scale solar array shall minimize
adverse impacts to viewsheds of designated historic sites and scenic corridors, and further, shall not be
located in a scenic byway.
[4]
A written statement that describes the project, including the
anticipated generating capacity, the proposed type, size, and cost
of the solar panels, and the intended length of operation.
[5]
Information about the applicant and its renewal energy portfolio,
including whether the applicant intends to operate the solar
array, identity of likely future owners, and a process by
which the future owners and/or utility operators will be identified
to the County.
[6]
At minimum, a conceptual stormwater management plan in accordance
with all County and state stormwater management regulations.
Additional plan information shall be provided as may be further deemed
necessary by the Department of Public Works for the protection, maintenance,
and enhancement of public health, safety, and general welfare through
controlling the impacts associated with stormwater runoff.
[7]
Evidence that lighting shall be in accordance with § 18:1-85C, Exterior lighting standards, of this chapter.
[9]
Interior site circulation and parking, including where construction vehicles and materials will be stored
while the site is under construction
[10]
Site access and circulation for
emergency vehicles.
[11]
Projected trip generation information regarding site preparation, construction, and operation, which may
include local traffic conditions, roadway conditions, and school bus
schedules.
[12]
Identification of any public or private runway,
airstrip or airport within one mile of the proposed solar
array, and provision of any FAA/MAA clearance that may include
a glare analysis other documentation as necessary.
(b)
Environment:
[1]
All existing vegetation, indicating general size and composition,
environmental features, showing buffers as necessary, shall be identified
and located on the plan.
[3]
Show that the gross usable area for panels will exclude wetland
areas that are regulated by the Maryland Department of the Environment
or the United States Department of the Interior (administered by the
United States Army Corps of Engineers). Impacts associated with access
or interior roads and utility crossings shall provide
the necessary authorization for any disturbances.
[5]
Identification on the plan of the site's soil
type and composition. Existing topsoil shall not be removed from the site.
[6]
To the maximum extent practicable, the solar arrays shall be sited using natural topography and vegetation to buffer
it from the view of adjacent properties and roads and/or rights-of-way.
(c)
Landscaping:
[1]
Provide a detailed landscape plan, which may be a combination
of plantings, existing vegetation, fencing, berms, and at a minimum
shows the following:
[a]
A vegetated buffer that is a minimum of 50 feet
wide around the perimeter of the site area of the utility-scale solar array. This buffer may be located within
the required setback.
[b]
Existing healthy vegetation within the required
buffer area may be used to satisfy the specific buffer standards.
(1)
In the event that healthy vegetation which is intended
to meet the buffer planting requirements is cleared, damaged, or destroyed,
the vegetation shall be replaced with the same species or with an
approved substitute. The removal of any existing vegetation shall
void any credit received and a revised landscape plan shall be submitted.
[c]
Where existing vegetation is retained, a required
berm installation may be reduced in whole or in part by the Board
of Appeals.
[d]
The plan shall be prepared by a licensed landscape
architect registered in the State of Maryland.
[e]
Where a phased construction plan is proposed, the
landscape plan shall identify the phasing of the plantings applicable
to each construction phase.
(1)
Regardless of phasing, a minimum 50% of the landscaping
shall be installed prior to initial certificate of occupancy.
[f]
The vegetation shall visually screen the solar array from all adjacent residential uses and zones, from publicly traveled ways (public roads, trails, waterways, scenic highways and byways), publicly owned properties, open space, preserved farms, and historic
resources, including sites and buildings listed or eligible for listing on the state and national registers
of historic places.
[g]
The vegetation shall screen the solar array upon maturity or within five years.
[h]
Native plant species are recommended. Nonnative
plant species shall not total more than 50% of all plantings. Invasive
species shall not be permitted.
[i]
To ensure adequate variety, and avoid monotony
and uniformity within the buffer, plant materials shall not include
more than 25% of any single species. Plantings, detailed in a plant
schedule on the plan, shall include a mix of evergreen and deciduous
trees, understory trees, shrubs, and flowering herbaceous layer.
[j]
All plant material shall conform to the plant size
specifications as established by the American Standard for Nursery
Stock ANSI Z60.1-2014 and shall be planted to the following specifications:
(1)
A minimum of two staggered rows of evergreen trees
that at installation, shall be at least six feet in height, planted
on centers of six to 12 feet depending on plant type. Evergreen tree
species shall be a varied mixture of compatible types and achieve
a height of eight feet in a minimum of two years.
(2)
Deciduous shade trees with a minimum size at installation
of two-inch caliper shall be interspersed with the evergreens, planted
on center no greater than 100 feet.
(3)
Understory trees with a minimum size at installation
of one-inch caliper or six feet in overall height each planted on
center no greater than 100 feet.
(4)
Shrubs, intermediate or tall, with a minimum size
at installation of 24 inches in height or 30 inches in spread.
(5)
The buffer shall include a flowering herbaceous
layer for pollinators or other beneficial habitat. The layer mixture
shall be planted a minimum of five feet wide and include a minimum
of 10 plant species with a minimum of two flowering seasons. The herbaceous
layer, if seeded, shall demonstrate 75% growth within a three-year
surety period.
(6)
The height of proposed plantings may require alternatives
based upon the site elevation and visibility from
adjacent properties and roads and/or rights-of-way.
If necessary, an elevation or perspective illustration exhibit shall
be provided with viewpoints from relevant locations around the site.
[k]
A landscape berm, a minimum of three feet high
to assist in screening, may be required. The requirement
of providing a berm will be evaluated by staff, may be recommended
by the Planning Commission, but finally determined
by the Board of Appeals.
(1)
The design of any berm shall be such that the natural
drainage patterns of the site will not be altered.
[l]
Irrigation shall be provided for maintaining plant
materials in a healthy condition for all newly created landscape buffer
areas.
(1)
Plants shall be watered in a manner adequate to
ensure establishment and survival. The landscape plan shall include
a watering schedule appropriate for the proposed plantings, which
may include service by on-site irrigation or water truck, until the
plant material is sufficiently established to survive on natural soil
moisture. An irrigation system is subject to the following:
[i]
The irrigation system shall be designed to prevent
runoff, low head drainage, overspray, or other similar conditions
where irrigation water flows onto nontargeted areas such as adjacent
properties, roadways, or structures.
[ii]
All automatic irrigation systems shall be designed
to minimize water usage, and shall be manually shut off during water
emergencies or water rationing periods.
[iii]
An alternative form of irrigation for a particular
site may be approved through the applicable review process upon determining
that underground irrigation is not necessary or available for the
type of plant material being proposed.
[m]
A maintenance agreement shall be provided with a surety or other financial assurance per Part 7, Article XXVII of Chapter 18 to cover replacement of the plantings and/or irrigation system for any failed plantings and/or irrigation system. All plantings shall be maintained in a live, healthy condition for the duration of the solar array use and shall be replaced by the solar array operator or owner as necessary to maintain all
required screening.
[n]
The surety, which may be provided on a phased basis
per a landscape phasing plan, and is based upon an estimate no more
than a year old, shall be held by the County for
a period of three years following planting, after which the County, upon satisfactory inspection of the landscape buffer,
may release 50% of the surety. After an additional two years, to ensure
proper survival and maintenance of the planted material, and upon
satisfactory inspection, the County may release the
remainder of the surety. The County reserves the
right to inspect and require replacement of failed plant material
for the duration of the solar array.
(d)
Setbacks:
[1]
75 feet from any lot line, except as provided in Subsection S(3)(d)[3] herein.
[2]
100 feet from any road and/or right-of-way, unless a greater setback is required under Subsection S(3)(d)[3] herein, in which event the greater setback shall apply along the entire road and/or right-of-way.
[3]
300 feet from the nearest lot line of a single-family,
cluster, or sliding scale lot.
[4]
Setbacks shall be measured from the nearest solar panel/structure
within the solar array.
[5]
If multiple abutting parcels are proposed as part of the solar array, setbacks of § 18:1-14E(2)(c) shall apply.
(4)
Solar arrays shall be constructed and maintained
according to following:
(a)
If solvents are required for cleaning of solar modules, they
must be biodegradable.
(b)
All broken or waste solar modules shall be removed from the site within 60 days of being taken out of service.
(c)
All wiring not on the solar arrays shall be
underground except where necessary to connect to the public
utility.
(d)
Any required utility right-of-way shall be secured through an easement, lease, service agreement or other legally binding
document.
(e)
The solar array shall be enclosed by a fence
or other appropriate barrier at the interior edge of the required
landscape buffer or immediately adjacent to the solar array. The fence or barrier shall:
[1]
Secure the facility at all times and prevent unauthorized persons
or vehicles from gaining access.
[2]
All access gates will provide a sign that identifies
the responsible parties or owners and twenty-four-hour contact information.
[3]
Be a maximum of eight feet in height. Wire mesh shall be black
or green vinyl. Barbed or razor wire is prohibited.
(f)
Provide documentation that noise generated by the facility shall
be limited to 60 DBA as measured at the property line except when
a back-up generator is needed for maintenance. Construction on the site is exempt from this standard.
(g)
Solar arrays, including the electrical and
mechanical components, shall conform to relevant and applicable local,
state and national codes.
(h)
To protect adjacent properties, and not interfere with roadways
or create a safety hazard, evidence shall be provided that the solar
panels are designed to avoid glare and/or reflection
with antireflective coating or nonglare technology and if necessary,
have been evaluated with a solar glare hazard and
analysis tool.
(5)
Decommissioning and abandonment:
(a)
A bond or other financial assurance shall be required to assure
complete removal of a utility-scale solar array. The
financial assurance shall be automatically renewable. The amount shall
include a mechanism for calculating increased removal costs due to
inflation to ensure the amount is adequate for the cost of removal
and restoration of the site. A financial assurance
provided to satisfy the conditions of the Maryland Public Service
Commission's Certificate of Public Convenience and Necessity may also
satisfy this requirement provided it complies with the foregoing and
is enforceable by the County. Removal shall occur
within one year of the earlier of:
(b)
The operator of a solar array shall provide
written notice to Queen Anne's County whenever the solar array is out of active production for six or more months.
(c)
Any utility-scale solar array that has not
operated for a continuous period of 12 months shall be considered
unused and abandoned and the conditional use will
expire unless the Board of Appeals grants an extension. The owner
of the solar array may present substantial evidence
that cessation of the solar array occurred from causes
beyond the owner's reasonable control, that there is no intent to
abandon the solar array, and that resumption of the solar array is reasonably practicable.
(d)
Removal of a solar array and restoration of
the site shall occur within one year of receipt of
notice from Queen Anne's County notifying the owner of the equipment
removal requirement. Removal includes removing any underground structures or supports and electrical transmission wire.
All materials must be legally removed from the site. The site shall be restored to its original condition
after removal when abandoned or in accordance with a decommissioning
plan.
(e)
A decommissioning plan shall include but is not limited to:
[1]
The expected life of the solar array.
[2]
Time frame for decommissioning of the solar array.
[3]
An estimate of the costs associated with the removal of the solar array minus any salvage value.
[4]
Proposed stabilization measures, including an approved sediment
and erosion control plan.
[5]
Removal of all above and underground equipment, structures, fencing, and access roads.
[6]
Only like-kind topsoil may be used for restoration.
[7]
Legal documents shall be created outlining the legal responsibility
for any environmental pollution that occurs after the solar
array is removed.
[8]
Any alteration to the decommissioning plan or necessary restoration
shall require Board of Appeals approval.
[9]
An end use plan showing the following:
[a]
The proposed condition of the site once the solar array has been removed.
[b]
The property owner may request
to retain vegetation planted and/or berms that were required by the solar array use, as well as access or interior roads, and fencing.
[c]
If the end use is to be open space, then documentation shall be provided in the form of restrictive
covenants.
[d]
Any afforestation or reforestation or other vegetative
planting.
T.
Special events
[Added 3-26-2013 by Ord. No. 01-13]
(1)
Purpose.
The purpose of this subsection is to establish criteria and requirements
for holding special events at bed-and-breakfasts, on farms, and on single-family residential properties
in the County in the Agricultural (AG) and Countryside (CS) Zones.
(2)
The
following criteria must be satisfied to hold a special event:
(a)
Comply with all applicable state and local laws, including but not
limited to the effluent disposal regulations of Queen Anne's County
Health Department and requirements of the Queen Anne's County Fire
Marshal.
(b)
Be located on a parcel of land at least 20 acres in area.
(c)
Be located at least 250 feet from the nearest residence on adjacent
property.
(d)
For properties within the Resource Conservation Area (RCA), special events standards are found in Chapter 14:1 Chesapeake Bay Critical Area Act and for properties outside of the RCA, the annual number of events shall be determined by the Board of Appeals.
(e)
Hours during which special events occur shall be
determined by the Board of Appeals.
(f)
Be limited to the number of quests allowed by the Queen Anne's County
Health Department and Fire Marshal.
(g)
Outdoor amplified music shall not exceed 65 dB (decibel) level as measured from adjacent properties or residences according to § 18:1-95T(2)(c).
(h)
Provide lighting that is installed and maintained to confine direct
light beams to the lighted property and away from nearby properties
and the vision of passing motorists.
(i)
Be conducted on properties with direct access to a public or private road.
(j)
Provide all parking on-site in designated areas
that are as far removed from nearby residences as possible.
(k)
Limit signage to one nonilluminated nameplate, not exceeding eight
square feet in area.
U.
Medical cannabis: grower, processor, and dispensary.
[Added 4-11-2017 by Ord.
No. 17-06]
(1)
Medical cannabis licensed grower:
(a)
Shall be located on a property that comprises 20 acres or more.
(b)
Shall not be located within 1,000 feet of any lot lines of property containing public or private day care, pre-, elementary,
middle, or high school.
(c)
If proposed in the critical area, the classification shall be
Intensely Developed Area (IDA).
(d)
Shall comply with COMAR Title 10:62.
(3)
Medical cannabis licensed dispensary:
(a)
Shall not be located on a property that abuts any property with
an existing residential use;
(b)
Shall be located at least 500 feet from any lot lines of property containing a place of worship, public or private day
care, school, or correction facility;
(c)
Shall be located on a property at least 100 feet from any lot lines of property containing residential dwelling
unit or units;
(d)
Shall be located on a property designated sewer service S-1
or S-2 as identified by the 2011 Comprehensive Water and Sewerage
Plan;
(e)
Shall comply with COMAR Title 10:62;
(f)
Shall take access from a public right-of-way that meets or exceeds
Queen Anne's County Public Road Standards;
(g)
Shall be located more than 2,500 feet from another medical
cannabis dispensary;
(h)
Shall not have an on-site physician for the purpose of issuing
written certifications for medical cannabis;
(i)
The use shall be limited to medical
cannabis and related products.
