Queen Annes County, MD Article XIXA Scenic Corridor Development

[Added 8-2-2005 by Ord. No. 05-13]

§ 18:1-99.1 Scope.

This article applies only for properties adjoining those scenic corridors that are defined in this chapter and zoned AG and the noncritical area CS District and using single-family cluster or noncontiguous development techniques. The provisions of this article provide a residential development technique that encourages protection of scenic corridors.

§ 18:1-99.2 Application and standards.

A. Development plan. A landowner whose property adjoins a scenic corridor and is zoned AG or noncritical area CS may file a development plan in accordance with the scenic corridor development technique. The decision to use the scenic corridor development technique must be made at the time of the initial major subdivision application.

B. Density and lot line setbacks.

(1) Scenic setback.

(a) If a property owner is willing to offset the property line(s) of new residential lots by at least 500 feet from the right-of-way of identified scenic corridors the following bonus will be applied:

[1] For properties equal to or greater than 50 acres but less than 100 acres in size, one additional lot will be awarded as a bonus.

[2] For properties greater than 100 acres in size, two additional lots or 5% of the total allowed base density, whichever is greater, will be awarded as a bonus.

(b) If a property owner is willing to offset the property line(s) of new residential lots by at least 1,000 feet from the right-of-way of identified scenic corridors the following bonus will be applied:

[1] For properties equal to or greater than 50 acres but less than 100 acres in size, two additional lots will be awarded as a bonus.

[2] For properties greater than 100 acres in size, three additional lots or 10% of the total allowed base density, whichever is greater, will be awarded as a bonus.

(2) Open space and net buildable area. If a landowner proposes the scenic corridor technique pursuant to this article, the restrictions on the percent net building area and open space may be reduced to accommodate the access through the scenic setback and bonus lots awarded in accordance with Subsection B of this section, provided that an average net buildable area per lot for the entire subdivision is no more than:

(a) AG District: 1.5 acres.

(b) CS District: 1.00 acres (applies only to noncritical areas).

C. Upon approval of a development plan, the land located within the area of the scenic setback:

(1) May not be subdivided or reconfigured;

(2) Shall be deemed open space and shall be limited to only those uses allowed pursuant to the open space table in § 18:1-12 of this Chapter 18:1; and

(3) Shall not be used in connection with any determination of site area or density, except as may be necessary in determining the amount of deed-restricted open space required by the development plan.

D. Buffer requirements: A planted tree buffer of 50 feet in width adjoining the lots fronting the scenic corridor to screen the subdivision from the public view and protect the scenic vista is required and shall be located within the deed-restricted open space. This planted buffer area can be used to satisfy open space requirements and may be used in conjunction with meeting the requirements of Chapter 18:2, Forest Conservation.