[1]
Editor’s Note: Former § 175-21, Townhouses, was
repealed 8-12-2014 by Ord. No. 2014-1
A.
Farm laborer housing shall:
(1)
Be provided for seasonal or year-round occupancy for
farm laborers.
(3)
Be located at least 200 feet from all property lines.
(4)
Be limited to no more than 15 housing units with a
maximum capacity of six persons per unit for seasonal occupancy and
no more than four units with a maximum total capacity of 24 persons
for year-round occupancy.
(5)
Satisfy all requirements of the Department of Health
and Mental Hygiene.
B.
If the farm laborer housing is to include mobile homes, they shall meet all of the specifications of § 175-72 of this chapter.
C.
The year-round occupants of the farm laborer housing
shall derive their principal source of income from employment on the
farm where the housing is located.
D.
The housing of farm laborers shall be permitted only
as long as the principal use of the property on which the housing
is located is agricultural.
The following regulations shall apply to campgrounds:
A.
Size. The entire development tract shall be at least
10 acres in size.
B.
Density. A maximum of 10 campsites per acre of gross
area shall be permitted.
C.
Recreation area. A minimum of 30% of the development
tract area shall be reserved for open space and recreational area,
exclusive of areas required for individual campsites, roads or service
areas.
D.
Interior roads. Interior road surfaces shall be a
minimum of 20 feet in width and may be paved or unpaved.
E.
Bufferyard. All campgrounds shall be effectively screened
by a planting of a type, height and spacing to screen campground activity
from adjoining properties. Existing natural vegetation, if appropriate,
may be utilized to satisfy this requirement.
F.
Site area. Each campsite shall contain a stabilized
vehicular parking pad of shell, marl, paving or other suitable material.
Exposed ground surfaces in all parts of the campground shall be paved,
covered with stone screenings or other solid material or protected
with a vegetative growth that is capable of preventing soil erosion
and capable of eliminating objectional dust.
G.
Parking. There shall be at least three parking spaces
designated for each two campsites. Such parking may be provided in
common parking areas or on individual campsites.
H.
Sanitary facilities. Each campground shall make available
an adequate potable water supply, sewage disposal system, refuse collection
system and other facilities for sanitary and health purposes in accordance
with regulations of the County Health Department.
I.
Maintenance. All campgrounds, including all facilities,
roads and landscaping, shall be maintained in a neat, orderly and
attractive appearance.
J.
Commercial uses. Commercial uses shall be permitted
but shall be limited to grocery stores and laundry establishments
to serve only the users of the campground. No commercial establishment
shall be larger than five square feet for each campsite, with a total
maximum size limit of 3,000 square feet.
The following regulations shall apply to swimming
or tennis clubs:
A.
Any pumps and filters which are located above ground
shall be at least 50 feet from adjoining properties.
B.
The dispensing of food, beverages, candy and tobacco
shall be by coin-operated machines only.
C.
All lights shall be shielded to reflect or direct
light away from adjoining property.
D.
The parking layout and surfacing shall be approved
by the County Engineer.
The following regulations shall apply to drive-in
theaters:
A.
No structure, other than an enclosure fence, shall
be located within 50 feet of any lot line. The theater screen shall
be located not less than 100 feet from any County or state road or
property in a residential zoning district and shall not face such
road or residential property unless the face of the screen is not
visible therefrom because of natural or artificial barriers.
B.
The theater shall have direct entrance or exit on
a major arterial or arterial road, and not more than two exits shall
be provided to each access road.
C.
Sufficient area shall be provided between each road
and the viewing area to provide waiting space for vehicles equal to
not less than 25% of theater capacity, and of that waiting space so
provided, not less than 10% of the theater capacity shall be provided
between the road and the ticket booths. In all cases, sufficient waiting
space shall be provided so that vehicles will not back up onto the
traveled way of the road. Waiting area shall be calculated on the
basis of one space per 25 lineal feet of waiting lane.
D.
The theater shall have individual car sound speakers,
but low volume horns may supply sound to refreshment stands and other
service areas, and may have accessory uses and structures incidental
to the theater operation, including refreshment stands and toilet
facilities, provided that they serve only the patrons while within
the theater enclosure. Speakers and horns shall not be audible beyond
the boundaries of the theater property.
E.
No drive-in theater shall air, display, show, or provide
any adult-oriented entertainment or material on any theater screen
at any time; nor shall any drive-in theater air, display, show, or
provide any adult-oriented entertainment or material in any other
manner unless the property on which said theater is located is within
a district in which an adult-oriented business is allowed and which
meets all applicable requirements for an adult-oriented business.
Site plans for industrial uses shall be submitted and approved in accordance with Article XIV of this chapter and if all of the following conditions are met:
A.
The maximum allowable plant size shall be 500,000
square feet, unless a special use exception is granted by the Board
of Zoning Appeals.
B.
Employees. The total number of employees per plant
shall not exceed 500, unless a special use exception is granted by
the Board of Zoning Appeals.
C.
Storage. Outdoor storage within 500 feet of a residential
zoning district boundary shall be effectively screened by a wall,
fence or planting so that the materials will not be visible from the
residential zoning district.
D.
Manufacture of certain products limited. The manufacture
of materials or products which decompose by detonation is limited
to five pounds per year; however, such materials may be stored or
utilized in any quantity. Such materials shall include but are not
limited to all primary explosives; all high explosives; propellants
and components thereof; blasting explosives; unstable oxidizing agents
such as perchloric acid, perchlorates and hydrogen peroxide in a concentration
greater than 35%; and nuclear fuels, fissionable materials and products
and reactor elements such as Uranium 235 and Plutonium 239.
E.
Fire hazards.
(1)
Solid materials. Solid materials susceptible to fire
hazards shall be subject to the following:
(a)
The storage, utilization or manufacture of solid
materials which are active to intense burning shall be contained within
walls having a fire resistance of no less than two hours or shall
be protected by an automatic fire-extinguishing system, or the building
shall be no less than 40 feet from all lot lines.
(b)
The outdoor storage of such materials shall
be permitted no closer than 50 feet to all lot lines.
(2)
Flammable liquids or gases.
(a)
The storage, utilization or manufacture of flammable
liquids or gases which produce flammable or explosive vapors shall
be permitted only in accordance with this section, exclusive of the
storage of finished products in original sealed containers of 60 gallons
or less, which shall be unrestricted.
(b)
The total storage capacity of flammable liquids
shall not exceed 120,000 gallons.
(c)
The total storage capacity of flammable gases
shall not exceed 300,000 SCF stored above ground or 600,000 SCF stored
below ground. [SCF equals standard cubic feet at 60° F. and 29.92
inches of mercury (Hg)].
(d)
The following setback requirements will apply
to the location of any container which holds flammable liquids or
gases:
|
Liquid Capacity Per Container
(gallons)
|
Container Setback Underground
(feet)
|
From Lot Lines Above Ground
(feet)
|
Distance Between Aboveground
Containers
|
|---|---|---|---|
|
0 to 2,000
|
25
|
25
|
3 feet
|
|
2,001 to 30,000
|
50
|
50
|
5 feet
|
|
30,001 to 60,000
|
50
|
75
|
1/4 the sum of the diameters of adjacent
containers
|
|
In excess of 60,000
|
75
|
100
|
1/4 the sum of the diameters of adjacent
containers
|
F.
Compliance with other regulations. Approval must be
received from all appropriate local, state and federal authorities
before development may commence.
G.
Protection of surrounding neighborhood. Each industrial
establishment shall be designed, operated and maintained so as to
offer reasonable protection to the surrounding neighborhood and the
environment, particularly with regard to fire, explosion, odor, noise,
dust, vibration, glare and the use of residential streets for access.
[Amended 4-24-2018 by Ord. No. 2018-1]
The following regulations shall apply to mineral
extraction facilities.
[Added 4-24-2018 by Ord.
No. 2018-1]
A.
Required. A person who intends to engage in mineral extraction shall
first submit a preliminary site plan application to the Department
of Planning and Codes for review by the Planning Commission (for major
mineral extraction facilities) and/or Zoning Administrator (for minor
mineral extraction facilities). The application shall include a preliminary
site plan, an operations plan, and any other information reasonably
requested by the Zoning Administrator or the Planning Commission (with
respct to an application for major mineral extraction). The preliminary
site plan shall be reviewed by the Technical Advisory Committee (TAC)
for the purpose of obtaining the preliminary comments and concerns,
if any, of TAC members. The applicant shall provide sufficient copies
of application materials (electronically or otherwise) for each TAC
member as well as for the Zoning Administrator and the Planning Commission
with respect to a proposed major mineral extraction facility. The
Planning Commission and/or Zoning Administrator shall provide a staff
report with recommendations and concerns relative to the application
to the Board of Zoning Appeals based on the information provided during
the preliminary site plan approval process if the applicant applies
for a special use exception or a special use exception and variances.
The Planning Commission or Zoning Administrator may make recommendations
or express concerns to the Board of Zoning Appeals regarding off-site
improvements. If the Board of Zoning Appeals approves a special use
exception, an applicant then shall apply for final site plan approval.
Proposed mineral extraction facilities consisting of multiple parcels,
either in the same deed or in separate deeds, are required to submit
a plat with their application consolidating the parcels and extinguishing
interior lot lines.
B.
Contents of preliminary site plan. The preliminary site plan shall include the information required by § 175-123 and:
(2)
Any parcels that the applicant needs to consolidate so that
the mining facility and all mining operations will be conducted on
one parcel.
(3)
Any areas where topsoil or overburden will be stockpiled, including
the maximum height of such stockpiles.
(4)
Any areas where mined material will be stockpiled, including
the maximum height of such stockpiles.
(5)
Any structure(s) associated with the extraction, processing
and/or wash plant operations, including the maximum height of such
structure(s).
(6)
Any drainage ditches located on any areas impacted by extraction,
processing or wash plant operations.
(7)
The approximate location of any ponds that will be created as
the result of extraction.
[Added 4-24-2018 by Ord.
No. 2018-1]
A.
Operations plan required. A person who intends to engage in mineral
extraction shall submit an operations plan to the Department of Planning
and Codes in conjunction with the submittal of a preliminary site
plan.
B.
Operations plan content. Every operations plan shall describe:
(1)
The total acreage of each parcel on which extraction or processing
will occur and/or on which a wash plant will be operated.
(2)
The total acreage of the area(s) where extraction will occur.
(3)
How topsoil and overburden will be handled and disposed.
(4)
How and when berms and buffer yards will be constructed, any
landscaping that will be provided and how any landscaping provided
will be maintained so as to ensure that such landscape planting lives
and matures, including the width, side slopes and height of any berms
and the caliper and species of landscape trees, the species, age of
landscaping of bushes or grasses, and any soil amendment and watering
that will be provided to enhance the survival rate of landscape plantings.
(5)
The volume and capacity of truck traffic for hauling materials
to and from the site that is anticipated on a daily basis and the
type(s) of truck traffic that is anticipated, including the unloaded
and loaded weights of such anticipated truck traffic.
(6)
The condition of the County roads that truck traffic hauling
materials to or from the proposed facility is anticipated to travel,
including:
(a)
The width of the paved portion of such road(s).
(b)
The width of any travelable portion of any shoulders to such
road(s).
(c)
Any traffic control devices on such road(s).
(d)
The type of surface currently on such road(s).
(e)
Any acceleration, deceleration, and left-hand turn lanes on
such road(s) and on the state road(s) that intersect with such road(s).
(f)
The speed limit on such road(s) and the speed limit on any state
road at the point of intersection with the County road(s).
(g)
The sight distance at all intersections.
(h)
Swales, ditches, or other stormwater management features, if
any, within the shoulders of such roads.
(7)
The anticipated volume of truck traffic on that/those road(s)
on a daily basis.
(8)
Any drainage ditches or public drainagecourses that handle off-site
stormwater runoff that traverse or cross any portion of the property
where mining will occur and what actions will be taken to ensure that
the proposed extraction facility will not impact off-site drainage
that flows onto or through the parcel(s) being mined.
(9)
Any water that will be discharged in conjunction with extraction, processing or wash plant operations, where such water will be discharged, what actions will be taken to control stormwater/water runoff/discharge to drainage systems or streams, what actions will be taken to ensure that stormwater/water discharges do not adversely impact neighboring properties, and what actions will be taken to maintain the quality of stormwater runoff/water discharges so that the sediments and nutrients in such discharges are controlled and minimized. Erosion and sediment control measures shall comply with provisions of Chapter 103 of the County Code and other applicable state laws and regulations.
(10)
Measures that will be taken to minimize the creation of dust
and airborne particulate during extraction, processing and/or wash
plant operations.
(11)
Methods of noise mitigation and measures that will be taken
to minimize noise generated by the facility.
(12)
Methods of screening extraction, processing and wash plant operations
from the public view.
(13)
Any site access/entrance improvements that will be made by the
applicant.
(14)
The anticipated duration of extraction, processing and/or wash
plant operations.
(15)
How the applicant anticipates that areas of extraction will
be reclaimed at the conclusion of mining and the anticipated use of
the site at the conclusion of mining.
C.
Additional requirements for major mineral extraction operations plan. In addition to the requirements of Subsection B, the operations plan of an applicant proposing to engage in major mineral extraction shall also include the following:
(1)
The anticipated size and sequence of the different phases of
extraction activity.
(2)
Any phasing of construction of buffers or buffer yards.
(3)
Sanitary facilities to be established and maintained.
(4)
Any backfill that will be transported to the site.
(5)
Any explosives that will be used during extraction.
(6)
Such other and further information as the County deems necessary
to evaluate the noise, dust, odor, traffic and/or esthetic impacts
of the proposed operations.
[Added 4-24-2018 by Ord.
No. 2018-1]
A person desiring to use property for mineral extraction shall
be required to obtain a special use exception from the Board of Zoning
Appeals after receiving a preliminary site plan recommendation from
the Zoning Administrator or the Planning Commission. Notice of the
hearing before the Board of Zoning Appeals on the special use exception
application shall be provided to the name and address on record with
the State Department of Assessments and Taxation of every property
owner whose property, or any portion thereof, is within 1,000 feet
for major mineral extraction or 500 feet for minor mineral extraction
of the boundary line of any properties on which mineral extraction
operations or an accessory use or operations related to such mineral
extraction operations are to be conducted. The applicant shall provide
a list of the names and addresses of all such property owners.
A.
The Board of Zoning Appeals shall review the approved site plan as part of the application for special use exception and may make modifications or impose off-site improvements and/or additional requirements deemed necessary by the Board to satisfy the special use exception criteria. (See §§ 175-142 and 175-143.) Off-site improvements required by the Board of Zoning Appeals shall be based upon rough proportionality between the required improvements and the projected impact of the proposed facility.
B.
Notwithstanding § 175-144, an applicant shall have 18 months from final site plan approval to obtain a zoning certificate and/or building permit and to commence development of the mining facility before such special use exception shall become null and void. The applicant shall be able to obtain up to an additional six-month extension before the approval is voided if the applicant, to the satisfaction of the Board, establishes that it has diligently pursued necessary state approvals but has been delayed for reasons beyond its control in obtaining such state approvals.
C.
If the state voids the permits issued to the applicant that allow
the applicant to engage in mineral extraction or refuses to issue
the applicant necessary permits for phased work, any special use exception
granted by the Board shall automatically expire and the applicant
shall become obligated to close and reclaim the site in accordance
with state law and regulations and any bond or permit for such purposes
submitted by the applicant.
D.
Special use exceptions granted by the Board shall run coextensively
with a state-issued permit.
E.
Any final decision of the Board may be appealed to the Circuit Court
for Caroline County by petition for judicial review.
[Added 4-24-2018 by Ord.
No. 2018-1]
A.
Minor mineral extraction. A site plan for minor mineral extraction
approved by the Zoning Administrator shall meet the following conditions
and requirements:
(1)
The applicant shall pay the fee established by the County Commissioners
for site plan review and approval.
(2)
The Zoning Administrator shall provide written notice to each
adjoining property owner (based on SDAT records) within 500 feet of
the parcel(s) on which minor mineral extraction will occur (other
than the applicant) advising of the proposed facility and where such
adjoining property owner may go within 30 days of the date of the
notice to review the proposed site plan and/or to make any comments
thereto.
(3)
The Zoning Administrator shall not approve any site plan and operations plan until 35 days after the date of mailing of the notice required in Subsection A(2). Upon approval of the site plan, the Zoning Administrator shall mail notice of approval to each adjoining property owner within 500 feet of the parcel(s) on which minor mineral extraction will occur (other than the applicant) advising that the site plan has been approved and advising of the right of such adjoining property owner to seek judicial review of the decision of the Zoning Administrator to confer site plan approval.
B.
Major mineral extraction. A final site plan for each major mineral
extraction operation approved by the Planning Commission shall meet
the following conditions and requirements:
(1)
In addition to the information required by § 175-27.1B, a final site plan for major mineral extraction shall include:
(a)
The proposed phases of extraction operations and the sequence
of each phase.
(b)
The different phases of buffer and/or buffer yard development
and details relative to the types, spacing and maturity of plants
that will be included in any landscaping.
(c)
If material stockpiles and/or topsoil and overburden stockpiles
will be located in different areas during the different phases of
operations, separate plans showing where such stockpiles will be located
during the different phases of operation.
(d)
If the wash plant is to be located in different areas during
extraction, each area where the wash plant will be located.
(e)
The County roads that will be used by truck traffic that will
haul materials from or to the facility and the type and capacity of
trucks that will be used to haul materials from or to the facility.
(f)
Details of any systems that will be utilized to ensure that
drainage from off-site properties that currently flows onto or through
the property on which the facility will be located will not be adversely
impacted.
(g)
Details relative to stormwater management and the management
of water extracted or used during extraction, processing or washing
operations.
(h)
The details of entrance improvements that will be made.
(i)
The location of any residential dwellings or institutional buildings
or structures within 1,000 feet of the boundaries of the parcel where
extraction, processing and/or any wash plant will be located and the
location of any off-site features or landscaping that currently would
shield or buffer such residential dwellings and/or institutional buildings
or structures from the proposed extraction, processing and wash plant
operations.
(j)
Additional requirements. The Planning Commission may request
modifications to the final site plan or operations plan that it deems
necessary to mitigate the visual impacts and/or the anticipated impacts
of noise, dust, odor or traffic on neighboring properties. Such additional
conditions and requirements may include:
[1]
Improvements to the roads, drainage, and/or intersections
the extraction facility will use or impact. Such requirements shall
not supersede or replace any requirements imposed by the Department
of Public Works.
[2]
Any performance bond or letter of credit that the
applicant will provide to the County for the purpose of making road/intersection
improvements or repairs or other public infrastructure improvements
or repairs that are required as a result of the impacts and/or potential
damage or excessive wear and tear that will or could be caused by
an extraction facility to public infrastructure.
[3]
Restrictions on hours and/or days of operation
in the site plan approval process where the extraction, processing
or wash plant operations are within 1,000 feet of a residential dwelling.
[4]
Haul route requirements or restrictions for the
truck traffic that will be used to haul materials or equipment to
or from the facility so as to minimize the extra wear and tear to
County roads and the public health, safety and welfare impacts of
such truck traffic to neighboring properties.
(2)
The Planning Commission shall not review and approve the final
site plan until:
(a)
The Technical Advisory Committee has reviewed the site plan and the operations plan and made recommendations relative thereto pursuant to § 175-122.
(b)
The Department of Planning and Codes has determined that the
site and operations plans are in compliance with the requirements
of this Article.
(c)
The Zoning Administrator has provided written notice to each
adjoining property owner (based on SDAT records) within 1,000 feet
of the parcel(s) on which major mineral extraction will occur (other
than the applicant) advising of the proposed facility and where such
adjoining property owner may go within 30 days of the date of the
notice to review the proposed site plan and/or to make any comments
thereto.
(3)
The Planning Commission shall consider the information provided
on the site plan and in the operations plan, the goals and objectives
of the Comprehensive Plan, and the standards and requirements of this
chapter.
[Added 4-24-2018 by Ord.
No. 2018-1]
A person engaged in extraction, processing and/or the operation
of a wash plant shall meet the following minimum standards:
A.
No land disturbance, except for the purpose of constructing a buffer
yard, e.g., berms and landscaping that has been approved by the Zoning
Administrator (for minor mineral extraction) or the Planning Commission
(for major mineral extraction), shall occur within 200 feet of the
right-of-way (ROW) line of any public road. Absent an established
right-of-way line, the distance shall be measured from the edge of
the traveled portion of the roadway.
B.
No land disturbance, except for the purpose of constructing a buffer
yard that has been approved by the Zoning Administrator or the Planning
Commission, shall occur within 200 feet of a lot line regardless of
the ownership of the parcels.
C.
Storage of materials or equipment shall not occur within 200 feet
of the right-of-way line of any public road or within 200 feet of
a property line, regardless of the ownership of the parcels.
D.
Any structures used or associated in any manner with extraction,
processing or a wash plant shall not be erected within 200 feet of
any property line or within 200 feet of any public road. This setback
to adjoining property lines shall not apply where the adjoining property
is used for mineral extraction or heavy industry.
E.
Extraction and/or processing sites shall provide a minimum 100-foot
buffer of natural vegetation between the operation and edges of streams.
Wash plants, including ponds, and spoil piles shall not be located
and equipment shall not be stored within this buffer area.
F.
Extraction sites in the Critical Area shall be referred to the Critical
Area Commission for review. Any requirements established by the Critical
Area Commission shall be included in the final site plan.
G.
Setbacks established in this section may be modified on a case-by-case
basis by the Board of Zoning Appeals as part of the special use exception
process after recommendation by the Zoning Administrator and/or Planning
Commission and based on the facts and circumstances of record.
[Added 4-24-2018 by Ord.
No. 2018-1]
As a condition of approval, the Zoning Administrator or the
Director of Public Works may require studies to be performed to evaluate
the impact of a proposed major mineral extraction operation facility
on and/or to public infrastructure. Such study shall be conducted
by a licensed engineering firm retained by the County. The applicant
shall pay for all costs associated with any required studies. Such
studies may include but are not limited to:
A.
Traffic impact studies on roads or at intersections that will carry
traffic from state roads to and from the mining facility;
B.
Roadway and infrastructure structural analyses on roads that will
carry traffic from state roads to and from the mining facility; and
C.
Sufficiency of existing intersection controls, and acceleration,
deceleration and turn lanes on roads that will carry traffic from
state roads to and from the mining facility for vehicular traffic
contemplated by facility operations.
[Added 4-24-2018 by Ord.
No. 2018-1]
Before commencing development or the expansion of a mineral
extraction facility, the property owner shall obtain a zoning certificate
from the Zoning Administrator.
[Added 4-24-2018 by Ord.
No. 2018-1]
The owner of property on which a mineral extraction facility
is operated and the operator of a mineral extraction facility shall
notify the Zoning Administrator in writing of cessation of operations.
Any facility at which mineral extraction operations have not occurred
during the preceding 18 months will be deemed to have ceased operations.
Any structures (including temporary processing plants and equipment
used for extracting, processing, stockpiling or washing minerals)
shall be deemed temporary. Such structures and/or equipment shall
be dismantled and removed within a period of four months following
cessation of operations.
[Added 4-24-2018 by Ord.
No. 2018-1]
The following accessory uses may be permitted on a property
where an extraction facility is approved:
A.
The storage, sorting, stockpiling, distribution and sale of materials extracted on the premises or any materials permitted on the property by § 175-27.9B.
B.
The crushing, treating, washing, mixing or processing of materials.
C.
The storage, maintenance and repair of vehicles and equipment used
in the mineral extraction operations.
[Added 4-24-2018 by Ord.
No. 2018-1]
Mineral extraction facilities fully permitted by the State of
Maryland prior to the effective date of this ordinance[1] are exempt from the provisions of this Article. Modifications
of and/or expansions to existing mineral extraction facilities not
included in a state-issued permit shall be subject to the provisions
of this Article.
[Amended 1-18-2022 by Bill No. 2022-1]
A.
Special use exception. A collection site, composting facility, natural wood waste recycling facility, resource recovery facility, solid waste disposal facility or solid waste processing facility may be permitted as a special use exception in the zoning districts as designated in the Table of Use Regulations and in addition subject to the requirements of this section, Article XIV and Article XVI of this chapter.
B.
Minimum setbacks. The following minimum setbacks shall be required:
(1)
Solid waste disposal facility:
(a)
Six hundred feet between any driveway, parking area, private
road, structure or active recreation area of any church, golf course,
park or recreation complex, day-care, hospice or health care facility,
public library, public or private school and any driveway, parking
area, private road, structure or solid waste deposit or disposal area
of the solid waste disposal facility.
(b)
Six hundred feet between any driveway, dwelling, parking pad,
patio, pool, porch or similar structure of any dwelling or residential
facility and any driveway, parking area, private road, structure or
solid waste deposit or disposal area of the solid waste disposal facility.
(c)
One hundred feet between any intermittent or perennial stream,
tidal or nontidal wetlands or 100-year floodplain and any solid waste
deposit or disposal area of the solid waste disposal facility.
(d)
Fifty feet between any public road and any driveway, parking
area, private road, structure or solid waste deposit or disposal area
of the solid waste disposal facility.
(e)
Fifty feet between any adjoining property line and any driveway,
parking area, private road, structure or solid waste deposit or disposal
area of the solid waste disposal facility.
(2)
Compost facility, natural wood waste recycling facility, resource
recovery facility and solid waste processing facility:
(a)
One hundred feet between any intermittent or perennial stream,
tidal or nontidal wetlands or 100-year floodplain and any solid waste
deposit area of such facilities.
(b)
Fifty feet between any public road and any driveway, parking
area, private road, structure or solid waste deposit area of such
facilities.
(c)
Fifty feet between any adjoining property line and any driveway,
parking area, private road, structure or solid waste deposit area
of such facilities.
D.
Screening. All activities shall be appropriately and effectively
screened from public view, in light of existing or planned surrounding
land uses, by any combination of structural, topographical or vegetative
means. The Board may require a monetary guarantee that all screening
will be established and maintained.
E.
Fencing. Every facility shall install a perimeter security fence
that is at least six feet in height. The fence shall be constructed
to effectively prohibit entrance at unauthorized times and locations.
The fence shall be of sturdy construction and unobtrusively painted
or finished and shall be maintained in good condition at all times.
F.
Lighting. Adequate low-mast lighting shall be provided for each site
for nighttime security. Lighting shall be shielded from adjoining
properties.
G.
Access.
(1)
Access roads should be a minimum of 20 feet in width, with adequate
drainage. The entrance onto a public road of an access road to a compost
facility shall be constructed in accordance with standards set forth
in an entrance permit obtained from the Department of Public Works
or other approving authority, such as the State Highway Administration.
(2)
No vehicular access to any facility may be gained from or through
any residential subdivision or residential neighborhood. Whenever
possible, access shall occur by way of arterial or major arterial
roads.
(3)
Applicant shall submit a traffic and road condition study to determine
off-site road and intersection impacts, adequacy of off-site roads
and intersections, adequacy of on-site access roads and parking areas,
adequacy of the public road network and other infrastructure serving
the site to safely accommodate traffic, including truck traffic, to
be generated by the facility and adequacy of existing infrastructure,
including traffic control devices, to protect the traveling public.
Applicant shall provide, at its expense, necessary infrastructure
improvements to maintain vehicular traffic at its current level of
service or no less than a B level of service as defined in the most
recent edition of Highway Capacity Manual, Transportation Research
Board.
(4)
Applicant shall provide a map showing the geographic areas to be
served by the facility and the anticipated routes of ingress and egress
to the facility. Applicant shall pay for any signs deemed necessary
to direct vehicular traffic accessing the facility to use approved
routes of ingress and egress.
(5)
The Board may require applicant to provide a monetary guarantee and/or
may require applicant to deposit funds sufficient to pay for all required
access improvements and any other infrastructure improvements necessary
to meet and maintain the adequacy standards of all existing public
roads.
H.
Emergency services. Applicant shall submit the proposed operational
plan, including all precautions being undertaken to minimize the chance
of fire and other potential emergency situations, to the Board and
to the Director of the Caroline County Department of Emergency Management.
The Director of the Caroline County Department of Emergency Management
shall advise the Board as to whether local emergency response agencies
will have adequate equipment and personnel for any reasonably anticipated
emergency at the site.
I.
Additional criteria. The Board shall also consider:
(1)
The noise generated by the vehicular traffic entering and exiting
the site and the machinery that will be operated at the site on a
regular basis. Any technology, procedures and/or devices applicant
represents will be employed to control or eliminate noise shall be
made conditions to any special use exception granted by the Board;
(2)
The dust and particulate matter that will be generated by operations
at the site. Any technology, procedures and/or devices applicant represents
will be employed to control or eliminate dust or particulate matter
shall be made conditions to any special use exception granted by the
Board;
(3)
The mud and debris that may be deposited on public roads by vehicles
entering and exiting the site. Any wheel washer, road sweeper, road
cleaner, policing or other devices or procedures that will be used
to maintain the integrity of public roads shall be made conditions
to any special use exception granted by the Board;
(4)
The visual impact of the facility and proposed operations on surrounding
properties. Any buffers, setbacks, screens, earth berms, vegetative
plantings and other devices or structures that applicant represents
will be used to make the site and the operations at the site compatible
with adjacent and adjoining lands shall be made conditions to any
special use exception granted by the Board;
(5)
The noxious odors that may emanate from the site and any facility
or operations at the site. Any technology, procedures and/or devices
applicant represents will be employed to control or eliminate noxious
odors shall be made conditions to any special use exception granted
by the Board; and
(6)
The rodents, insects or other vectors that may populate or escape
the site. Any technology, devices and procedures that will be utilized
to prevent and control rodents, insects and other vectors shall be
made conditions to any special use exception granted by the Board.
J.
Site plan. The application for a special use exception shall be accompanied by a site plan that complies with this section and Article XIV of this chapter.
K.
Additional site plan requirements. The required site plan shall include
the following additional information. If any of the following are
inapplicable to the proposed facility, the applicant shall provide
descriptive explanation for exclusion with the site plan:
(1)
Types, origin and anticipated quantities of materials to be accepted
for disposal and/or processing;
(2)
Types of materials not to be accepted and procedures to be utilized
to determine whether unacceptable materials are received and the procedures
that will be followed in the event unauthorized materials are received;
(3)
Days and hours of operation;
(4)
The location and acreage of the property to be excavated in conjunction
with any landfill operations;
(5)
Existing and proposed topographic contours;
(6)
Stockpile areas, including the size and height of any stockpiles,
any breaks in stockpiles and procedures that will be employed to control
the spread of fire, in the event of fire;
(7)
Major items of equipment, including manufacturer, type, model, capacity,
noise levels and number of units;
(8)
Noise control devices and procedures;
(9)
Devices and procedures used to control the escape of dust and particulates;
(10)
A descriptive statement of all operational processes to be used,
including all devices and procedures, to maintain the cleanliness
of public or private roads and to preclude vehicles parking along
or clogging public or private roads prior to the daily opening of
the facility;
(11)
All devices that will be used to control windblown debris and
matter from leaving the site;
(12)
All technologies, devices and procedures that will be utilized
to prevent and control rodents, insects and other vectors from populating
or escaping from the site;
(13)
The zoning districts of all adjoining property;
(14)
The size and location of any driveways, roads, structures or
buildings on adjoining properties;
(15)
The location of any property containing a church, dwelling,
residence, daycare, hospice or health care facility, library, park,
golf course, active recreation complex or school that is within 1,500
feet of any boundary of the site;
L.
Conformity with the Solid Waste Management Plan. In reviewing a special
use exception application filed pursuant to this section, the Board
shall consider the criteria in the Caroline County Solid Waste Management
Plan. If a facility is in conformance with the Plan, the Board shall
so find. If the facility is not in conformity with the Plan, and conditions
may be imposed that will bring the facility into conformance with
the Plan, the Board shall impose those conditions necessary to bring
the facility into conformance with the Plan. If conditions cannot
be imposed to bring the facility into conformance with the Plan, a
special use exception shall be denied, and the Board shall find that
the facility is not in conformance with the Solid Waste Management
Plan.
M.
Permission to operate. Approval by the Board of a special use exception
does not confer permission to operate. Prior to operation, a facility
shall meet all standards of this chapter and all applicable local,
state and federal regulations.
N.
Hazardous waste disposal facility. A hazardous waste disposal facility
is not a permitted use in any area of the County subject to this Chapter.
O.
Monetary guarantee. The Board may require applicant to post a performance
bond, a letter of credit and/or any other monetary guarantee that
the Board deems necessary to guarantee and to secure the performance
of any and all conditions and undertakings required of applicant to
comply with the requirements and conditions of this section of the
zoning code and/or any conditions lawfully imposed by the Board pursuant
to any special use exception granted by the Board.
A.
Wastewater treatment facilities shall render wastewater
fit for disposal on the premises or, as an alternative, shall render
wastewater fit for discharge in such state or condition:
(1)
As not to result in pollution, as defined by § 8-101(i)
of the Natural Resources Article of the Annotated Code of Maryland,
of any waters of this state.
(2)
As not to create any odors or other air pollution
which carry beyond the property lines.
(3)
That the effluent shall conform in all respects with
the applicable standards of the water quality control agencies having
jurisdiction.
B.
Wastewater treatment facilities shall be located not
less than 100 feet from any adjoining property lines or public ways,
provided that the Board of Zoning Appeals affirmatively finds that
such facilities will not adversely affect any other property and any
waters of this state.
A.
Home occupations shall:
(1)
Be located in the principal residence or in a single
accessory building, or portion thereof, no larger than 1,200 square
feet. A special use exception shall be required to exceed the limit
of 1,200 square feet.
(2)
Not change the residential character and outside appearance
of the premises.
(3)
No more than one nonresident employee shall report
to a home occupation site at any time.
B.
No goods for sale, lease or rent shall be stored on
the property in a manner so as to be seen from off the premises.
C.
Agriculture is not a home occupation.
The following regulations shall apply to bed-and-breakfast
facilities:
A.
The bed-and-breakfast shall be located in the principal
residence, and no more than one accessory structure and consist of
no more than five guest rooms, excluding the owner/operator quarters.
B.
Meals for guests shall be limited to breakfast and
shall be provided in a common area of the dwelling such as in a dining
room.
C.
There shall be no area for food preparation within
the individual units.
D.
The bed-and-breakfast shall not substantially detract
from the single-family characteristics of the property by size, design
or appearance.
E.
Exterior changes or alterations should be minimized.
Extensions or enlargements of the existing structure should not exceed
50% of the gross floor area of the existing structure at the time
of the adoption of these regulations.
F.
A site plan and architectural drawing shall be submitted
with the application.
G.
Adequate parking shall be located towards the rear of the site. The required number of parking spaces shall be determined by the Table of Parking Regulations. The parking area should be screened from adjoining properties. Parking and screening shall be shown on the site plan as required by Article XIV, § 175-123.
H.
The bed-and-breakfast must meet all applicable fire,
safety and health codes and regulations.
The following regulations shall apply to country
inn facilities:
A.
The country inn shall consist of no more than 12 guest
rooms, excluding the owner/operator quarters.
B.
Meals shall be provided in a dining facility. The
dining facility shall be limited to a maximum seating capacity of
60 persons. Such dining facility may provide service to patrons other
than guests.
C.
There shall be no area for food preparation within
the individual guest rooms.
D.
The minimum lot size for any parcel providing such
facilities shall be five acres.
E.
The country inn shall maintain the rural and historic
characteristics of the property and surrounding area by design and
appearance.
F.
A site plan and architectural drawing shall be submitted
with the application.
H.
The country inn must meet all applicable fire, safety
and health codes and regulations.
I.
Minimum setbacks from all property lines are 200 feet.
A.
Uses appropriate as cottage industries include but are not limited
to:
B.
Standards for cottage industries:
(1)
Minimum lot size is five acres.
(2)
The cottage industry shall not occupy more than 3,000 square feet
in a single accessory structure, or in a combination of accessory
structures. A special use exception shall be required to exceed 3,000
square feet.
(3)
No more than one cottage industry per residence or lot is permitted.
(4)
The property used for the cottage industry shall contain the primary
residence of the proprietor.
(5)
If the proprietor is not the property owner, evidence of permission
of the property owner to use the property for the cottage industry
must be provided.
(6)
All outdoor storage associated with the cottage industry, equipment,
and work areas shall be screened from adjacent properties and public
ways. Equipment does not include properly licensed and tagged vehicles.
(7)
No more than five nonresident employees shall report to a cottage
industry site at any given time.
(8)
Employees shall not report prior to 7:00 a.m. or leave after 9:00
p.m. A special use exception approval shall be required for extended
employee hours.
(9)
On-premises retail sales of any item related to a cottage industry
shall require special use exception approval.
C.
Posting of property. The Zoning Administrator shall place a sign
on the property involved for at least 10 days following submittal
of the required site plan. Such sign shall be placed within 25 feet
of the boundary line of said land which abuts the most traveled County
or state road and, if no County or state road abuts thereon, then
facing in such a manner as may be most readily seen by the public.
The sign shall be removed by the Zoning Administrator after the site
plan is approved.
[Added 8-12-2014 by Ord. No. 2014-1]
When permitted in the R, Rural Zoning District,
the following additional regulations for agricultural and fishery
products processing plants shall apply:
A.
Any flour, feed and grain packaging, blending, storage
and milling shall be located at least 500 feet from all lot lines.
B.
Any commercial slaughtering or processing of farm
animals, fish or seafood shall be located at least 500 feet from all
lot lines.
C.
Any rendering of animal by-products shall be located
at least 1,000 feet from all lot lines.
When permitted in the VC, Village Center, VN, Village Neighborhood,
R, Rural or R-1, Single-Family Residential Zoning Districts, the following
additional regulations for fishery activity facilities shall apply:
A.
Owner/operator
must maintain an active commercial fishing license with the State
of Maryland Department of Natural Resources.
B.
Wholesale
and/or retail sales are permitted, provided that the majority of products
sold are harvested by the owner/operator.
C.
Retails
sales space is limited to 750 square feet.
A.
Temporary structures incidental to construction operations
shall:
(1)
Be located on the same premises as the construction.
(2)
Be removed within 30 days following the completion
or abandonment of construction, when the zoning certificate and/or
building permit expires or is revoked or in 24 months from the date
of placement or erection of the temporary structures, whichever comes
first. The two-year time limitation may be extended by the granting
of a special use exception by the Board of Appeals.
The following regulations shall apply to sewage
sludge storage and mixing facilities:
A.
Such facilities shall be only for the seasonal storage
and mixing of sewage sludge prior to land application, i.e., the facilities
may be used for sewage sludge storage and mixing only during the period
when sewage sludge is actually being applied to the land.
B.
No distribution or transfer of the sewage sludge from
the storage facility to other farms or properties shall be permitted.
D.
The Maryland Department of Health and Mental Hygiene
must issue a sewage sludge utilization permit for the site.
E.
This section does not apply to the storage, treatment
and disposal of sewage sludge as an on-site accessory use to a wastewater
treatment facility.
A.
Minor subdivisions. For each original lot, tract or
parcel of land in the R, Rural District, a minor subdivision consisting
of not more than four lots may be created in conformance with this
chapter and the Caroline County Subdivision Regulations.[1]
(1)
The overall gross density of the subdivision shall
not exceed one lot per acre.
(2)
All lots, plats, sites or other divisions of land
recorded after November 30, 1972, from a lot, tract or parcel of land
described in the land records of Caroline County as of said date shall
be counted in determining the number of lots in the minor subdivision
and the overall density.
(3)
Each minor subdivision plat shall contain a statement
assigning any remaining minor subdivision rights to one or more of
the minor subdivision lots or to the residue parcel of the original
lot, tract or parcel.
(4)
Land transferred to a lot, tract or parcel as an addition
or lot revision may not be used to increase the number of minor subdivision
lots permitted on the original lot, tract or parcel.
B.
Density rights. A rural major subdivision in the R,
Rural District consisting of five or more lots but not more than 50
lots may be created only in a designated receiving area in conformance
with this chapter and the Caroline County Subdivision Regulations.
The rural major subdivision may contain minor subdivision lots, lots
allowed by the overall gross density standard, or lots from an approved
transfer of development rights, or any combination thereof up to a
maximum of 50 lots.
(1)
Lots or density rights allowed by the overall gross
density standard shall not exceed one lot or development right per
15 acres.
(2)
Lots or density rights allowed by overall gross density
shall be determined by the number of full fifteen-acre increments
in the parcel. Partial or fractional increments of less than 15 acres
shall not be used to determine overall gross density.
(3)
Lots or density rights allowed by overall gross density
shall be determined using the area of the parcel less the area contained
in any minor subdivision lots.
(4)
All lots, plats, sites or other divisions of land
using density recorded on or after January 1, 1990, and any transferred
development rights from a lot, tract or parcel of land described in
the land records of Caroline County as of said date, shall be counted
in determining the overall gross density.
(5)
Overall gross density shall be determined for each
individual lot, tract or parcel of land described in the land records
of Caroline County on or after January 1, 1990, and not for combinations
or groupings of lots, tracts or parcels combined after January 1,
1990.
(6)
If a rural major subdivision is proposed for a parcel
of land which has minor subdivision potential, then all such potential
minor subdivision lots shall be included in the rural major subdivision.
Potential minor subdivision lots shall not be retained for the parcel
after the approval of the rural major subdivision.
C.
Residue. The residual or remaining portion of a lot,
tract or parcel of land being subdivided shall be counted as one of
the lots, plats, sites or other divisions of land created if it is
less than 20 acres in area. At least one development right, either
minor or density right, shall remain with the residual portion of
the parcel unless the residual parcel is added to an adjoining parcel.
D.
Groundwater protection. In addition to any state or
federal regulations, the number and density of lots in any subdivision
shall be restricted by groundwater quality impacts in conformance
with the Caroline County Groundwater Protection Report (as contained
in the Caroline County Comprehensive Water and Sewerage Plan) regarding
the gross density or hydrogeologic study criteria for the area in
which the subdivision is located. The design and layout of the subdivision
shall consider the impact upon the quality of the local water resources.
The following regulations shall apply to marinas:
A.
New and existing marinas shall meet the sanitary requirements
of the State Department of the Environment.
B.
New marinas shall establish a means of minimizing
the discharge of bottom wash waters into tidal waters.
C.
New marinas and expanding marinas shall provide pump-outs
for boat holding tanks. Adequate signs shall be posted to make boaters
aware of the service availability.
D.
New marinas and expanding marinas shall provide facilities
for recycling or proper disposal of oil, antifreeze, paint thinner
and other toxic or hazardous substances associated with the type of
facility being developed.
E.
Activities will not significantly alter existing water
circulation patterns or salinity regimes.
F.
The water body upon which these activities are proposed
has adequate flushing characteristics in the area.
G.
Disturbances to wetlands, submerged aquatic plant
beds or other areas of important aquatic habitats will be minimized.
H.
Shellfish beds will not be disturbed or be made subject
to discharge that will render them unsuitable for harvesting.
I.
Dredging shall be conducted in a manner, and using
a method, which causes the least disturbance to water quality and
aquatic and terrestrial habitats in the area immediately surrounding
the dredging operation or within the critical area, generally.
J.
Dredged spoil will not be placed within the critical
area buffer or elsewhere in that portion of the critical area which
has been designated as a habitat protection area, except as necessary
for:
K.
Interference with the natural transport of sand will
be minimized.
L.
New and expanding marinas shall comply with all state,
federal and local requirements and shall be in compliance with the
"Critical Area Program for Caroline County."
The following regulations shall apply to streams
and stream buffers:
A.
For perennial streams there shall be one-hundred-foot
buffers required, and for intermittent streams there shall be twenty-five-foot
buffers required measured landward from the edge of each side of the
stream.
B.
The buffer shall be expanded to include steep slopes
15% or greater.
C.
No new development shall occur within a stream buffer
except as provided below.
D.
The following uses or activities shall be permitted
within the stream or stream buffer:
(1)
Agricultural practices, consistent with an approved
soil, conservation and water quality plan or nutrient management plan
or as approved by the Natural Resource Conservation Service.
(2)
Maintenance, construction and repairs of drainage
ditches consistent with approved plans and permits.
(3)
Transportation facilities (e.g., road crossings),
and/or utility transmission lines, when no practical or feasible alternative
exists for locating structures outside the stream buffer and the disturbances
proposed are the minimum necessary for such facilities.
(4)
Forestry or timber harvesting, subject to an approved
forest management or timber harvest plan.
(5)
Appropriate maintenance of vegetation.
E.
Limited cutting or clearing of individual trees within
the stream buffer shall be permitted as recommended by the Maryland
Forest Service for the following purposes and shall be replaced and
maintained on a one-to-one ratio:
(1)
Personal use, provided that the buffer functions are
not impaired.
(2)
To maintain the health of individual trees.
(3)
To protect trees from pests or disease infestation
as approved by the Maryland Forest Service.
(4)
To prevent trees from falling into and blocking streams,
causing damage to structures or causing accelerated erosion.
(5)
To install or construct an approved shore erosion
protection device.
F.
The following uses are not permitted in the stream
buffer unless a variance is approved by the Board of Zoning Appeals:
The following regulations shall apply to communications
towers:
A.
Siting. A communications tower facility shall be sited
within or adjacent to mature dense tree growth and under-story vegetation
that provides an effective year-round visual buffer and should only
be considered elsewhere on the property when technical or aesthetic
reasons indicate there are no other preferable locations. Communications
towers shall be prohibited in the Chesapeake Bay Critical Area and
other sensitive areas, including but not limited to stream buffers,
one-hundred-year-year floodplain and nontidal wetlands.
B.
Design. A communications tower shall be a monopole
structure, unless another design is specifically approved by the Board
of Zoning Appeals.
C.
Setbacks. The ground base of any communications tower
structure, including fencing and equipment shelters, shall be set
back from any property line, road or public recreation area a distance
at least equal to the height of the communications tower including
antennas or other appurtenances. Any ice-fall or debris from tower
failure shall be contained in the immediate tower area.
D.
Landscaping. A professional landscaping plan shall
be required that identifies:
(1)
All existing vegetation, including species, size and
location.
(2)
All existing and proposed plant materials and specifications,
including species, size and location, to be utilized for buffering
and screening of the communications tower structure, equipment shelters
and communications tower enclosure.
E.
Fencing. A secure chain-link or stockade fence at
least eight feet in height shall enclose the entire communications
tower facility.
F.
Maintenance.
(1)
The communications tower structure and fencing shall
be a galvanized steel finish or maintained in a neutral color with
a flat finish to reduce visual impacts, unless such requirement conflicts
with Federal Aviation Administration standards.
(2)
All equipment shelters shall be maintained in neutral
colors consistent with the natural landscape and designed to reduce
visual impact.
(3)
All required plantings shall be kept in a live, healthy
condition, and any plants not in a live, healthy condition shall be
replaced. A long-term maintenance agreement shall be recorded in the
land records for preservation and protection of existing and proposed
vegetation specified in the landscaping plan.
G.
Lighting. Lighting of communications towers shall
be prohibited unless required by the Federal Aviation Administration.
Lighting of equipment shelters, if permitted, shall be shielded from
adjoining properties and designed to cause the least amount of disturbance
to adjacent properties and surrounding views.
H.
Signs. Signs shall be limited to identify the property
owner, emergency contact and phone number, and to warn of danger.
Signs shall be affixed in accordance with Federal Communications Commission
(FCC) regulations and only as necessary for the operation of the facility.
I.
Site plan. The application for a special use exception shall be accompanied by a site plan in compliance with Article XIV of this chapter.
J.
Professional engineer's report. The application for
a special use exception shall be accompanied by a professional engineer's
report. The purpose of the engineer's report is to collect key information
regarding the communications tower applicant in order to justify the
proposed application. The Caroline County Zoning Administrator and
the Board of Zoning Appeals or their designee shall review all information,
findings and recommendations written and described in the report.
The designee will act as a third-party reviewer who will provide the
Zoning Administrator and the Board of Zoning Appeals with an independent
evaluation of the applicant's engineer's report. The applicant shall
be responsible for all costs associated with the independent review
of the engineer's report. As much information as possible shall be
provided at the time of the special use exception application; all
other information shall be required before a zoning certificate and/or
building permit is issued. The required engineer's report shall include
the following information:
(1)
Background information.
(a)
Name, address and telephone number of the company/applicant
and the point of contact.
(b)
Federal Communications Commission (FCC) license
number and a copy of the FCC license.
(c)
Date of Federal Communications Commission license
issuance.
(d)
Type of license (cellular, personal communications
services, etc.).
(e)
Service area (metropolitan, rural, major and/or
basic).
(f)
A master plan of the applicant's existing and
proposed communications network for the entire county, including maps.
(2)
Location information.
(a)
Eight-digit UTM grid coordinate of proposed
communications tower location.
(b)
Latitude and longitude coordinates, in NAD27
and NAD83, of the proposed location.
(c)
Ground elevation, in feet above mean sea level
(AMSL), at the proposed location.
(d)
Description of desired coverage area, or coverage
goals, from the proposed location. Coverage maps showing the desired
coverage as well as the current coverage available with existing towers,
approved towers and other antennas and relevant structures shall be
included.
(e)
Siting elevations, existing photographs of the
site and photo simulation of the proposed communications tower at
the site from all directions.
(f)
Description of existing towers within a five-mile
radius of the proposed communications tower location to include the
following information:
[1]
Eight-digit UTM grid coordinate of existing
tower locations.
[2]
Latitude and longitude coordinates, in NAD27
and NAD83, of the existing locations.
[3]
Ground elevation, in feet above mean sea level
(AMSL), at the existing tower locations.
[4]
Overall height of each existing tower, in feet
above ground level (AGL).
[5]
Height of available antenna locations on each
existing tower, in feet above ground level.
[6]
Name, address and telephone number of tower
owner.
[7]
Number of existing colocations on each tower.
[8]
Structural capability of each tower to accommodate
additional antennas, if available.
[9]
Major use of each tower (i.e., cellular, PCS,
etc.).
[10]
Existing tower design (i.e., monopole, lattice,
etc.).
[11]
Detailed narrative of need for the proposed
communications tower and why existing and approved towers and antennas
cannot accommodate the proposed service coverage.
(3)
Tower information.
(a)
Proposed height of communications tower.
(b)
Proposed height of antennas, in feet above ground
level.
(c)
Communications tower design (monopole, lattice,
guyed, etc.).
(d)
Number and types (i.e., cellular, PCS, etc.)
of allowable colocates on proposed communications tower.
(e)
Frequency of proposed transmission.
(f)
Power of proposed facility in effective radiated
power (ERP) and transmitting range.
(g)
Type of antennas proposed for facility.
(h)
Azimuth of antennas for proposed facility.
(i)
Down-tilt of proposed antennas.
(j)
Any calculations utilized to achieve design
requirements (i.e., Okumura Study results etc.).
(k)
Copies of any propagation analysis or drive
test studies used for analysis.
(l)
Type of coverage (i.e., single or system), including
a coverage and interference analysis.
(m)
Fate of communications tower if no longer being
utilized, and the name, address, and telephone number of the entity
responsible for its removal.
(n)
List alternative locations of towers or lands
analyzed for this application and provide a detailed narrative as
to why those sites cannot be utilized.
(4)
A narrative description of how the communications
tower facility will not unreasonably interfere with the view of or
from sites of significant public interest such as public parks, state-designated
scenic highways, a site listed in Caroline County's historic sites
inventory or the tributaries of the Chesapeake Bay.
(5)
Copies of all reports required by or provided to the
Federal Communications Commission, including but not limited to the
environmental assessment, and National Environmental Policy Act review.
(6)
Report from the Caroline County Department of Emergency
Management with a finding of no impact of the proposed communications
tower on emergency communications services.
K.
Annual reports. Ninety days after the beginning of
operations at the communications tower facility, and annually thereafter
on or before January 30 of each year, the applicant shall submit a
report to the Zoning Administrator listing the name, address, and
telephone number of the current owner/operator and the carriers using
the facility, the number of available colocation sites at the facility,
and a statement of compliance with all conditions and terms of the
special use exception and permits.
L.
Continuous use; removal. The communications tower
shall be used continuously. If the communications tower ceases to
be used for a period of three years or if the approval period expires,
the approval will terminate and within six months the communications
tower, all other accessory structures, and foundations to three feet
below grade shall be removed. If not removed, the Caroline County
Commissioners may take any and all appropriate measures to have the
communications tower removed, with all costs of the county to be reimbursed.
M.
Proof of ownership. A copy of the communications tower
site proof of ownership or lease agreement shall be provided to the
Zoning Administrator before a certificate of occupancy is issued.
N.
Standards compliance. The facility shall comply with
all Federal Communications Commission (FCC) and American National
Standards Institute (ANSI) standards.
An adult-oriented business:
A.
May be located only in the I-2 (Light Industrial)
Zoning District.
B.
In addition to any buffer, buffer yard, setback, or
other design criteria generally applicable to a use in the I-2 Zoning
District, must meet the following setback criteria:
(1)
The closest portion of a building or structure in
which an adult-oriented business is located (the "AOB structure")
shall not be within 1,200 feet from the closest boundary of a parcel
containing a school, place of worship, park or recreation facility,
day-care center, family or day-care center group.
(2)
The closest portion of an AOB structure shall not
be within 600 feet of the boundary of any parcel in a residential
zoning district (e.g., an R-1, R-2, R-3, or MH Zoning District); provided,
however, that when the distance from an AOB structure is being measured
with respect to a parcel containing a residential structure within
a Rural (R) Zoning District, the closest portion of the AOB structure
shall not be less than 300 feet from the boundary of such parcel or,
failing such separation, shall not be less than 600 feet from the
closest portion of any building or structure used principally as a
residential dwelling.
[Amended 8-12-2014 by Ord. No. 2014-1]
(3)
The closest portion of an AOB structure shall not
be less than 1,200 feet from the closest portion of any other building
or structure containing an adult-oriented business.
(4)
The closest portion of an AOB structure shall be at
least 1,200 feet from the closest portion of any building or structure
where alcoholic beverages are sold for on-premises consumption.
C.
May not have displayed on or about the exterior of
any building in, or premises on, which an adult-oriented business
is located, any sign, advertisement or depiction visible to the general
public, wheresoever located, containing any adult-oriented entertainment
or material.
D.
Application.
(1)
(2)
Compliance with the requirements of Subsection B of this § 175-42 shall be determined as of the date of submittal of an application pursuant to Subsection D(1), and any changes to the use of adjoining or neighboring property or to the size, type, number or location of structures or buildings on adjoining or neighboring property applied for, or, if no application is necessary, made after the date of submittal of an application pursuant to Subsection D(1) shall be of no effect and shall not be given any consideration in determining compliance with the requirements of Subsection B.
Massage establishments, as defined in this chapter,
are not permitted in any zoning district within Caroline County, Maryland,
and no person shall operate, or be employed in or by, any massage
establishment within Caroline County, Maryland, or act as or perform
the service of a massage technician within Caroline County, Maryland.
A.
Purpose. The transferable development rights (TDR)
program in this chapter is provided as a means to further the objectives
of the Comprehensive Plan. The TDR program allows the transfer of
development rights from areas designated as sending areas to areas
designated as receiving areas or municipal growth areas. The TDR program
protects and preserves agricultural land and gives the owners of such
property an equitable alternative to development, and provides an
essential County-wide growth management tool.
B.
Removing development rights from the land. Each landowner
of a parcel in a sending area (transferor) has the right to remove
one or more development rights from the parcel, and to hold, sell,
trade or barter these rights to another person or legal entity (transferee).
C.
Using development rights. The transferee may retire,
resell, or apply the rights to land in a receiving area in order to
obtain approval for development at a density greater than would otherwise
be allowed on the land, up to the maximum density or intensity allowed.
(1)
No development right may be used to increase density
within the Chesapeake Bay Critical Area if such right is derived from
a portion of a sending parcel that is outside the Critical Area, nor
may a development right be transferred from land within an Intensely
Developed District (IDD) or Limited Development District (LDD) to
a Resource Conservation District (RCD), or from an IDD to an LDD,
nor may any development right be transferred to land in the RCD from
any RCD lot of record that is less than 20 acres in size.
(2)
Lands under a recorded restrictive covenant or conservation
easement, including, but not limited to, Maryland Agricultural Land
Preservation Program, Maryland Rural Legacy Program, Nature Conservancy,
Maryland Environmental Trust, and Eastern Shore Land Conservancy are
not eligible to transfer development rights and shall not be included
in the acreage calculations for transferable development rights.
(3)
No development right may be derived from land in a
sending area that is part of a subdivision that has no available minor
subdivision or density rights remaining on the residue or remainder
of the original tract. Remaining development rights shall be assigned
based on the unused minor subdivision rights or density rights available
in the subdivision.
(4)
A development right shall be created, transferred
and extinguished only by means of documents approved by the Planning
Commission and recorded among the land records of Caroline County.
D.
TDR sending and receiving areas.
(1)
Designation of sending areas. The R, Rural District
shall be the TDR sending area and the receiving areas shall be specifically
mapped, designated by the Planning Commission, and approved by the
County Commissioners.
(2)
Designation of receiving areas. The areas designated
to receive the transferred development rights shall be known as "receiving
areas." Receiving areas shall be located in the R, Rural District
or in a municipality with an approved intergovernmental agreement
between the County and municipality for use of transferred development
rights (an "IGA area").
(a)
Receiving areas shall be designated where the
Planning Commission has determined that the predominate land use in
the neighborhood is rural-residential, or an IGA area rather than
agricultural, and where rural-major subdivisions are an acceptable
land use and existing or planned public facilities and infrastructure
are adequate.
[1]
Each year in October, the Planning Commission
shall review the TDR receiving area map to consider receiving area
boundary line adjustments to be approved by the County Commissioners.
[2]
Prior to adding to or removing properties from a receiving area, an advertised public hearing shall be held by the Planning Commission as prescribed by § 175-167 of this chapter.
[3]
The public hearing notice shall contain a brief
description sufficient to identify the properties involved, and the
date, time and place of the public hearing.
[4]
The County Planner shall mail copies of the
public hearing notice by United States mail, first class postage prepaid,
to all owners of property located within the proposed adjusted receiving
area and to all immediately adjoining property owners. The notices
shall be directed to the property owners as shown on the current real
property tax records for Caroline County as of the date which is three
days prior to the date of mailing.
(b)
The County Planner shall maintain a map to show
the designated TDR receiving areas as designated by the Planning Commission
and approved by the County Commissioners.
E.
Determination of legitimate development rights of
sending parcel. It shall be the applicant's responsibility to prove
to the satisfaction of the Planning Commission that the sending parcel
has a legal potential for development with the number of lots proposed
to be transferred.
(1)
The Planning Commission may require reasonable proof
of development potential of the sending parcel, including, but not
limited to, percolation tests, hydrogeologic studies, topographic
surveys, site and soils evaluations, and other studies or tests.
(2)
The following documents and information to determine
the legitimate potential for development and the number of development
rights available are required:
(a)
Completed County initial subdivision review
form acceptable to the County Planner prior to submission of TDR application.
(b)
Completed TDR application form.
(c)
Tax map, plat or site plan outlining the boundaries
of the property for each lot, tract or parcel as described in the
deed.
(d)
Zoning map of the property.
(e)
Recent aerial photograph at a scale of one inch
equals 600 feet or greater.
(f)
Soils map or soils overlay map.
(g)
For properties of less than 50 acres, approval
from the Caroline County Environmental Health Department for an individual
well and on-site septic system for each development right that is
intended for transfer, subject to the following:
[2]
The words "property or properties" in this Subsection E(2)(g) are defined as a parcel or lot with a single tax account number as assigned by the Maryland Department of Assessments and Taxation.
[3]
Acreage of property shall be in accordance with
Caroline County tax records or recorded deed or plat. Proof of additional
acreage will be required by submission of a survey plat recorded in
the land records of Caroline County.
[4]
Lands under a recorded restrictive covenant
or conservation easement, including, but not limited to, Maryland
Agricultural Land Preservation Program, Maryland Rural Legacy Program,
Nature Conservancy, Maryland Environmental Trust, and Eastern Shore
Land Conservancy are not eligible to transfer development rights and
shall not be included in the acreage calculations for transferable
development rights.
(3)
Fractional parts of a development right shall be disregarded.
No transfer shall include other than a whole number of development
rights.
(4)
Land located in a receiving area may be developed
through the acquisition of TDRs, up to the maximum density indicated.
One TDR shall equal one subdivision lot right for placement of one
single-family dwelling unit. All other types of accessory dwelling
units do not require a TDR.
(5)
All development rights shall be transferable except
for one right for each existing principle dwelling unit, provided
that in no event shall less than one right be retained with the parcel.
F.
Effect of transfer. After development density rights
have been transferred by an instrument of original transfer:
(1)
The sending parcel shall not be further subdivided
or developed to a greater density or intensity of use than permitted
by the remaining development right(s). Once one or more development
rights have been transferred from a lot, tract or parcel of record,
that lot, tract or parcel of record shall not later become a receiving
parcel unless placed in a receiving area.
(2)
The portion of the sending parcel from which development
rights have been transferred shall not be used in connection with
any determination of site area or site capacity, except as may be
necessary to determine the number of development rights involved in
the transfer.
(3)
All development rights that are the subject of an instrument of original transfer, described in § 175-44I, shall be deemed removed from the sending parcel when such rights have been severed from the property by recording of the instrument of original transfer in conjunction with a transfer document.
G.
A transferee has only the right to use the development
right to the extent authorized by all applicable laws, ordinances,
and regulations in effect at the time when use of the development
right for a specific receiving parcel is finally approved. No transfer
shall be construed to limit or affect the power of the County Commissioners
to amend, supplement or repeal any law, ordinance, or regulation,
including provisions of this chapter or of the Code or construed to
create any vested right in the transferor or transferee of a transferred
development right.
H.
Certification by Planning Commission.
(1)
The Planning Commission shall certify that the development
rights proposed for transfer are available for transfer from the sending
parcel. No transfer shall be recognized under this chapter unless
the instrument of original transfer contains the Planning Commission's
certification.
(2)
Application for certificate. An application for a
certificate shall contain sufficient information as required by the
Planning Commission identifying the area from which development rights
are being removed. Application fees and any additional information
the Planning Commission deems necessary to determine the number of
development rights involved in the proposed transfer shall also be
required.
(3)
Responsibility. The transferor and the transferee
named in an instrument of original transfer shall have sole responsibility
for supplying all information required by this chapter, providing
a proper instrument of original transfer, and paying, in addition
to any other fees required by this chapter, all transfer taxes and
recordation costs.
(4)
Issuance of certificate. On the basis of the information
submitted, the Planning Commission shall affix a certificate of its
findings to the instrument of original transfer. The certificate shall
contain a specific statement of the number, if any, of development
rights that are derived from a Chesapeake Bay Critical Area within
the sending parcel. The certificate will assign a serial number for
each development right.
I.
Instrument of transfer.
(1)
An instrument of transfer shall conform to the requirements
of this section. Any instrument of transfer shall contain:
(a)
The names of the transferor and the transferee;
(b)
A certificate of title for the rights to be
transferred certified to by an attorney licensed to practice law in
Maryland and in a form approved by the County;
(c)
The serial number of each development right
to be transferred;
(d)
A covenant that the transferor grants and assigns
to the transferee and the transferee's heirs, personal representatives,
successors and assigns a specified number of development rights from
the sending parcel;
(e)
If any rights involved in the transfer are derived
from the Chesapeake Bay Critical Area, a specific statement of the
number of such rights included within the transfer;
(f)
A covenant which acknowledges that the transferor
has no further use or right of use with respect to the development
rights being transferred as to the sending parcel;
(h)
A covenant that at the time when any development
rights involved in the transfer are finally approved for use on a
specific receiving parcel, such rights shall be transferred to the
County Commissioners for extinguishment for no consideration.
(2)
An instrument of original transfer, which is required
when a development right is initially removed from a sending parcel,
shall also contain:
(a)
A covenant that the sending parcel may not be
subdivided to a greater extent than permitted by the remaining development
rights and that such subdivision shall be in accordance with the regulations
in place at the time of the request for subdivision.
(b)
A covenant that the sending parcel is restricted
to and may be used only for such residential development as permitted
by the remaining development rights.
(c)
A covenant that all provisions of the instrument
of transfer shall run with and bind the sending parcel and may be
enforced by the County Commissioners, the Planning Commission and
their respective designees.
(3)
If the instrument is not an instrument of original
transfer, it shall include:
(a)
A statement that the transfer is an intermediate
or final transfer of rights derived from a sending parcel described
in an instrument of original transfer (which original instrument shall
be identified by its date, and names of the original transferor and
transferee and the book and page where it is recorded among the land
records of Caroline County) and serial number of each development
right transferred.
(b)
Copies and a list of all previous intermediate
instruments of transfer identified by their date, and the book(s)
and page(s) where the documents are recorded among the land records
of Caroline County.
J.
Recordation of original or intermediate transfer.
After it has been properly executed, any instrument of transfer shall
be delivered to the County Planner, who shall deliver it to the Clerk
of the Circuit Court, together with the required fees for recording.
K.
Approval of the development using transferable development
rights.
(1)
Initial request for use of TDR in a development project.
The request to use TDRs on a property in the receiving area shall
be in the form of a concept or sketch subdivision plat, a site plan,
or other application for development submitted in accordance with
the requirements of this chapter and the Caroline County Subdivision
Regulations.[1] In addition to any other required information, the application
shall be accompanied by:
(a)
An affidavit of intent to transfer development
rights to the property, and
(b)
Such application fee as may be prescribed by
the County Commissioners; and
(c)
Either of the following:
[1]
Original or certified copies of a recorded instrument
of original transfer involving the development rights proposed to
be used and any intermediate instruments of transfer through which
the applicant became a transferee of those rights; or
[2]
A signed, written agreement between the applicant and a proposed original transferor, which contains other information required by § 175-44E and in which the proposed transferor agrees to execute an instrument of original transfer from the proposed sending parcel to the applicant at the time when the use of such rights on the proposed receiving parcel is finally approved.
(2)
Preliminary approvals. The County may grant preliminary
subdivision or site plan approval for the proposed development conditioned
upon proof of ownership of TDRs prerequisite to final subdivision
or site plan approval.
(3)
Final subdivision or site plan approval of a development
using TDRs.
(a)
Proof of ownership of TDRs and proof of deed
restriction. No final plat shall be approved and no permits shall
be issued for development involving the use of TDRs until and unless
the applicant has demonstrated to the County that:
[1]
The applicant is the bona fide owner of all
TDRs that will be used or redeemed for the construction of additional
dwellings or the creation of additional lots;
[2]
The transfer of each TDR has been recorded in
the chain of title of the parcel of land from which the development
right has been transferred and that such instrument restricts the
use of that parcel in accordance with this chapter;
[3]
TDRs proposed for the development have not been
previously used.
(4)
Required instruments. The following instruments, which
may be required to effect transfer of those rights to the receiving
parcel, shall be approved as to form and legal sufficiency by the
County Attorney. Said instruments shall be recorded among the land
records of Caroline County when the subdivision record plat is recorded
or subsequent to final site plan approval but before construction
permits are issued:
(5)
When completed. Transfer to a receiving parcel is
final when the approved final subdivision plat or approved final site
plan for the receiving parcel has been recorded in accordance with
this chapter and when the development right has been transferred by
a final instrument of transfer to the County Commissioners at no cost
to the County.
L.
Maintaining list of potential buyers and sellers of
TDRs. The County Planner shall maintain a record of names and addresses
of those persons interested in buying and selling TDRs (the "TDR Registry")
in accordance with the following:
(1)
Transfers of subdivision development rights are private
transactions between a willing buyer and a willing seller.
(2)
Names and addresses of persons interested in selling
or buying developments rights shall be added or deleted from the TDR
Registry only by request of the individual whose information is to
be added or deleted.
(3)
The TDR Registry will be maintained and made available
to the public for review by the County Planner.
(4)
The County shall not recommend to any person any other
specific person for the purchase or sale of development rights, or
otherwise show any favor with respect any person listed in the TDR
Registry in responding to inquiries regarding available TDRs.
B.
Residency requirement. A residential-based trucking or service business shall be permitted on a residential lot located in the R, Rural Zoning District only if and only for so long as the majority owner of the business, or a member of the majority owner's immediate family who is employed in the business on a regular, full-time basis, resides on the residential lot. Notwithstanding the foregoing, a residential-based trucking or service business previously and continuously conducted on a specific property from December 8, 2008, may be owned and operated by a nonresident of the property, so long as the nonresident is the majority owner of the business and is a family member of the owner of the specific property on which such business is being conducted, and only for so long as the property-owning family member continues to own the property. The business shall otherwise be subject to and comply with all of the provisions of this § 175-45. Such business shall apply for a special use exception not later than six months from the effective date of this legislation.
C.
An office or shop may be permitted on the residential lot as a permitted
accessory building, subject to such size/area restrictions as may
be determined by the Board of Zoning Appeals given the nature of the
business, the size of the lot, the nature of use of the surrounding
properties, and such other factors as the Board of Zoning Appeals,
in its reasonable discretion, shall determine appropriate or necessary
with respect any particular application.
D.
Normal maintenance activities associated with the business shall
be permitted on-site, provided that such activities are performed
or carried out in an enclosed building or at a location on the site
not visible from the road or from adjoining properties, and that all
such maintenance is performed in conformance with applicable federal,
state, and local law.
E.
Requirements: existing businesses. The following requirements, terms, and conditions shall apply to all existing residential trucking or service business in the R, Rural Zoning District to be covered by this § 175-45E:
(1)
The business must have existed and operated as an ongoing business
as of December 2, 2008.
(2)
The business must file an application for a special use exception
not later than the date which is five months from the effective date
of the ordinance providing for such businesses in the R, Rural Zoning
District.
(3)
The business must submit together with the application described in § 175-45E(2) a professionally prepared site plan showing the location of the business use on the property including the following information, and noting with respect to the same whether the item described or represented is currently existing or proposed:
(a)
The boundaries of the lot or parcel.
(b)
All structures located or to be located on the property, including,
but not limited to:
[1]
The residence.
[2]
All sheds, outbuildings, parking areas (including surface types),
screening, trees, and shrubbery.
[3]
All maintenance facilities, including shops and work and repair
areas.
[4]
All recreational structure or facilities, including, but not
limited to, youth recreation equipment and swimming pools (whether
inground or above-ground.
(4)
The business must submit a dust control plan.
(5)
The business must consent to an annual visual inspection by the Department
of Planning and Codes.
(6)
The business must provide for, and present on the professionally
prepared site plan, appropriate buffering or screening, natural or
man-made, to shield neighboring properties. Natural screening or buffering
shall consist of evergreen items. The Board may modify such requirements
in determining whether to grant a special use exception.
(7)
The business must specify on the application the then current number
of vehicles owned or leased by the business, which number shall constitute
the total number of trucks permitted on site. No increase in that
number of vehicles shall be permitted except by application for, and
the grant of, a supplemental special use exception.
(8)
The business must provide in the site plan that exterior lighting
is directed to the interior of the property only. Exterior lighting
shall be allowed only to the extent required or permitted in the special
use exception granted by the Board of Zoning Appeals.
(9)
The business must obtain approval from the Caroline County Department
of Public Works for any entrance from the lot or parcel onto a County
road, which entrance approval shall include, but not be limited to,
type of material, length, width, and related factors to insure that
the business entrance will not damage or otherwise negatively impact
the County road or the safety of the public traveling thereon.
F.
Requirements: new business. Any residential trucking or service business in, or desiring to be in, the R, Rural Zoning District but not qualifying as an existing business pursuant to § 175-45E(1) above, may apply for a special use exception subject to the following terms, conditions, and criteria:
(1)
Such business shall meet all of the terms, conditions, and criteria set forth in § 175-45E(2) through (9).
(2)
No more than five trucks and five trailers shall be permitted on
the residential lot.
(3)
All parking areas are to be buffered and/or enclosed within a fenced
area so as not to be visible from roads and adjoining properties.
(4)
Not more than one acre shall be permitted for business use on the
site.
(5)
All property areas used in the business shall be contiguous and not
fragmented.
(6)
Minimum zoning setback from property lines shall be 150 feet unless
otherwise determined by the Board of Zoning Appeals based upon the
following factors:
(a)
Size and shape of the parcel or site.
(b)
Nature of the uses on the neighboring properties.
(c)
Nature of the contemplated business, and factors related thereto,
including, but not limited to, types of vehicles to be operated from
the site, hours of operation, anticipated noise levels, number of
employees reporting to the site, and any other factor determined by
the Board of Zoning Appeals to be relevant in determining an appropriate
setback.
(7)
Light maintenance and repairs shall be conducted within an enclosed
area or building so as not to be visible from roads or neighboring
properties.
(8)
Goods on premises shall be permitted only on a temporary basis and
must be stored within an enclosed area or building so as not to be
visible from roads or neighboring properties.
(9)
No such business shall be granted a special use exception in the
R, Rural Zoning District if the lot or site upon which the business
intends to operate is located in, adjacent to, or with 400 feet of
a TDR receiving area, an R-1 Zoning District, a municipal boundary,
or an approved major subdivision.
G.
Nontransferability. Anything in the Code of Public Local Laws of Caroline County to the contrary notwithstanding, a special use exception granted in accordance with this § 175-45 is and shall not be transferable. A new owner must apply for and be granted a special use exception. If granted, all existing conditions will convey and transfer to the applicant.
H.
Site plans required hereunder may be prepared by a licensed or certified
architect, engineer, land surveyor, or a landscape architect.
I.
Agricultural exclusion. These provisions shall not apply to trucks
and vehicles used primarily in or for agricultural operations and
activities conducted on or from agricultural use properties. This
exclusion includes, but is not limited to:
(1)
The use of such vehicles for moving or hauling of agricultural products
or animals grown or raised on the site;
(2)
The additional use of such vehicles for assisting other off-site
agricultural operations in the moving or hauling of agricultural products
or animals; and
(3)
The occasional, limited use of such trucks and vehicles for limited
hauling services for the property owner or others of nonagricultural
products.
J.
Residential-based
trucking and service business operating in the R-1 Zoning District
may continue to operate in such district provided that:
(1)
The
business has been previously and continuously conducted on a specific
property from December 8, 2006; and
(2)
The business shall otherwise be subject to and comply with all of the provisions of this § 175-45.
(3)
Such
business shall apply for a special use exception not later than six
months from the effective date of this subsection.
[Added 8-12-2014 by Ord.
No. 2014-1; amended 12-12-2017 by Ord. No. 2017-2]
A.
Siting. A commercial solar energy system that complies with the provisions of this section may be permitted as described in § 175-13, Table of Uses, except as follows:
(1)
The combined additional aggregate acreage of commercial solar energy
systems utilized throughout the County shall not exceed 2,000 acres.
(2)
Parcels located in the transferable development rights receiving
areas.
(3)
Parcels under land preservation easements excepting rights-of-way
for infrastructure buried at least three feet.
(4)
Where solar energy systems are proposed for parcels identified as
"greenbelts" or "growth areas" in any comprehensive plan for an incorporated
municipality, the impacted jurisdiction must be notified.
B.
Design standards; siting. Considerations shall be made to siting,
such as avoiding areas/locations with a high potential for biological
conflict such as wilderness study areas, areas of environmental concern,
County and state parks, historic trails, special management areas
or important wildlife habitat or corridors; avoiding significant impacts
to visual corridors that are prominent scenic viewsheds, or scenic
areas designated by the County; avoiding significant impacts to areas
of erodible slopes and soils, where concerns for water quality, severe
erosion, and/or high storm runoff potential have been identified;
and avoiding known sensitive historical, cultural or archeological
resources.
(1)
Screening. Considerations shall be made for visual screening to ensure
the solar energy system does not cause negative significant impacts
to the aesthetic and scenic quality of the project area/location.
Where screening buffers are required, they shall be opaque within
three years and shall consist of mixed vegetation, including trees,
shrubs, and ornamental grasses. Where appropriate, pollinator habitat
may be used in lieu of screening buffers.
(2)
Tree removal. The structures comprising the solar facility shall
be constructed and located in a manner so as to minimize the necessity
to remove existing trees upon the parcel, and in no event shall wooded
acreage comprising more than 2% of the deeded acreage of the parcel
or portion of the parcel devoted to the solar facility use be removed
without demonstrating that such removal is necessary for the reasonable
construction and efficient performance of the use.
(3)
Setbacks.
(a)
Required setbacks. Solar energy system structures shall meet
the minimum zoning setback for the zoning district in which located,
or 25 feet, whichever is greater. In addition, solar energy systems
must be located at least 200 feet from all residentially zoned parcels
and existing residences.
(b)
Setback modifications. Modifications from these requirements
may be granted by owners of residentially zoned parcels or existing
residences, provided that a setback modification agreement is submitted.
A setback modification agreement shall be required for each property
line abutting a solar energy system structure for which a modification
is requested and shall set forth the property owners' consent to a
modified setback. Setback modifications on any parcel shall not be
interpreted as applying to required setbacks from any other parcel.
Setback modification agreements shall be in a form provided from the
Department and after review shall be filed in the land records for
Caroline County. Where a solar energy system encompasses multiple
parcels, setbacks shall not be required from inner parcel boundary
lines. Additional setbacks may be required to mitigate aesthetic,
noise, safety, glare, or any other identified significant impacts,
or to provide for designated road or utility corridors.
(c)
Intent. Setback modifications run for the duration of the underlying
solar energy system contract and do not run with the land. This section
shall not be construed to allow a property owner to modify a setback
for any other property owner.
(4)
Height. Solar energy system panel structures shall not exceed the
height of 15 feet as measured from the grade at the base of the structure
to the apex of the structure. Necessary accessory structures (e.g.,
lightning rods) are subject to approval.
(5)
Utility connections. Reasonable efforts shall be made to place all
utility connections from the solar installation underground, depending
on appropriate soil conditions, shape, and topography of the site
and any requirements of the utility provider. Electrical transformers
for utility interconnections may be above ground if required by the
utility provider. All electrical interconnections and distribution
components must comply with all applicable codes and public utility
requirements.
(6)
Visibility. Solar energy systems shall be designed to blend into
the architecture of the building or be screened from routine view
from public rights-of-way or adjacent residentially-zoned parcels.
To the extent reasonably possible, use materials, colors, and textures
that will blend the facility into the existing environment.
(7)
Glare. No solar energy system shall produce glare that would constitute
a nuisance to occupants of neighboring parcels or persons traveling
neighboring roads.
(8)
Lighting. Lighting of the solar energy system and accessory structures
shall be limited to the minimum necessary for safety and operational
purposes, and shall be reasonably shielded from abutting properties.
Lighting shall be activated by motion sensors and shall be fully shielded
and downcast to prevent light from shining onto adjacent parcels or
into the night sky.
(9)
Fencing. A secure chain link fence at least six feet in height shall
enclose the entire solar energy system to restrict unauthorized access.
(10)
In addition to these design standards, all solar energy systems
shall meet all applicable state regulations and permit requirements.
C.
Decommissioning. The solar energy system shall be completely decommissioned
by the facility owner within 12 months after the end of the energy
producing, abandonment or termination of such facility. Decommissioning
shall include removal of all solar electric systems, buildings, cabling,
electrical components, roads, foundations, pilings, and any other
associated facilities, to the extents that any agricultural ground
upon which the facility was located is again tillable and suitable
for agricultural uses. Any components of the solar energy system buried
greater than three feet may remain to avoid unnecessary topsoil disturbance.
Disturbed earth shall be graded and re-seeded unless the landowner
requests in writing that the access roads or other land surface areas
not be restored. The owner of the facility shall secure the costs
of decommissioning by appropriate bond, letter of credit, or escrow
agreement satisfactory to the County and shall include a mechanism
for calculating increased removal costs due to inflation. Both a decomissioning
plan and estimate costs shall be submitted by the owner and subject
to approval by the County prior to issuance of any permits required.
D.
Signs. A sign, not to exceed one square foot, shall be posted at
each entrance to the solar energy system to identify the property
owner, the solar energy system owner, and twenty-four-hour emergency
contact phone number. Information on the sign shall be kept current.
The sign shall be posted at the site in a clearly visible manner.
E.
Agreements/easements. If the land on which the project is proposed
is to be leased, rather than owned, by the solar energy development
company, all property within the project boundary must be included
in a recorded easement(s), lease(s) or consent agreement(s) specifying
the applicable uses for the duration of the project.
F.
Public safety. Identify and address any known or suspected potential
hazards to adjacent properties, public roadways, communities, aviation,
etc., which may be created by the project.
G.
FAA. Must demonstrate compliance with federal aviation administration
(FAA) regulations pertaining to hazards to air navigation.
H.
Project rationale. Project rationale, including estimated construction
schedule, project life, phasing, and likely buyers or markets for
the generated energy must be provided.
I.
Site and development plans. A site plan drawn at an appropriate scale
shall be provided identifying the following:
(1)
At the time of application, a concept plan drawn at an appropriate
scale shall be provided identifying the following:
(a)
A copy of the interconnection application or a written explanation
why an interconnection agreement is not necessary for an interconnected
customer-owned generator;
(b)
Parcel lines, setbacks and physical features including access
routes and proposed road improvements;
(c)
All existing and proposed structures, including impervious surface
calculations;
(d)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures;
(e)
Any existing residential dwellings within one-fourth mile of
the solar energy system project;
(f)
Existing utilities and transmission lines, proposed utility
lines, and utility and maintenance structures;
(g)
Existing topographic contours and mapped soils;
(h)
Existing vegetation (list type and percent of coverage; i.e.,
grassland, plowed field, wooded areas, etc.);
(i)
Revegetation areas and methods;
(j)
Dust and sediment and erosion control;
(k)
Proposed stormwater management measures;
(l)
Any floodplains or wetlands;
(m)
Fencing location;
(n)
Total site acreage;
(o)
Landscape and buffer areas.
(2)
Before final approval, a major site plan drawn at an appropriate scale shall be provided identifying all items listed in Subsection I(1), as well as:
(a)
Engineered drawings of the solar installation showing the proposed
layout of the system and any potential shading from nearby structures
or vegetation.
(b)
The number of panels to be installed, the proposed location
and spacing of solar panels, and location of any associated accessory
structures.
(c)
An operation and maintenance plan.
(d)
Landscape and landscape maintenance plan.
(e)
A copy of the interconnection agreement or a written explanation
why an interconnection agreement is not necessary.
[Added 10-6-2020 by Ord. No. 2020-1]
B.
Exemptions. The following activities shall be exempt from these requirements:
(1)
Accessory uses: uses that are accessory to the primary use of the
property, including private parties, gatherings, and similar activities
that are not subject to a use agreement between a private party and
the property owner.
(2)
Places of worship.
(3)
Parks and recreational facilities.
(4)
Music festivals, outdoor festivals, concerts, or other similar spectator
events.
C.
All events shall be limited to a single day between the hours of
9:00 a.m. and 11:00 p.m. All activities related to the event, including
event breakdown, shall cease 48 hours after the scheduled end of the
event.
D.
All event activities shall be limited to the use areas indicated
on the site plan submitted by the property owner and approved by the
Planning Commission.
E.
Event parking:
(1)
Shall be limited to the area shown on the approved site plan.
(2)
There shall be no parking or standing of vehicles in any public right-of-way.
(3)
The parking area shall be adequately screened as determined by the
special use exception and approved site plan.
(4)
A dust control plan must be submitted for approval for unpaved parking
lots.
(5)
If parking for an event cannot be accommodated on-site, then shuttle
service must be provided for that event.
F.
Amplified music or other amplified sound shall only be allowed per
the conditions of the special use exception. Sound from any event,
including events with music (amplified and nonamplified), shall comply
with the requirements of both State of Maryland laws and regulations
and the Caroline County Code, including the Zoning Ordinance, which
pertain to the limitations and prohibitions on noise in the applicable
zoning districts.
G.
All food served at events shall be prepared and served in accordance
with Health Department regulations.
H.
All alcohol served must be in compliance with both the State of Maryland
and local Caroline County alcoholic beverage rules and regulations.
An alcoholic beverage license must be obtained when required.
I.
All applicable Health Department, Board of Liquor License Commissioners,
Maryland Department of Transportation, Caroline County Department
of Public Works, Maryland State Fire Marshal's Office, building and
zoning permits, Sheriff's Department, and any other applicable requirements
must be obtained prior to commencement of any special events.
J.
The design of any structures shall be generally consistent and compatible
with other structures in the area.
L.
Event management plan. Owners/operators shall maintain an event management
plan that includes, but is not limited to, all applicable conditions
of approval, approved use permit and plot plan, traffic management
plan, exhibit map showing all closest surrounding sensitive receptors,
compliance with applicable public health restrictions or guidelines,
and all other operational limitations. A copy of the event management
plan shall be provided to the Department of Planning and Codes and
must be available for on-site inspection at all times.
