Any applicant for a permit or license to pursue activities within the Critical Area, including, but not limited to, development or redevelopment, grading, sediment and erosion control, timber harvesting, shoreline erosion control, installation of a septic system and drain field, operation of a waste collection or disposal facility, operation of a commercial or private marina or other water-related commercial or industrial operation (whether public or private), mining (whether surface or subsurface) or quarrying, farming or other agriculture-related activities, shall have such permits or licenses issued by the duly appointed local approving authority after review to determine compliance with the Federalsburg Critical Area Ordinance.
A. 
The Official Critical Area Overlay District Map is maintained in force as part of the Official Zoning Map for Federalsburg. The Official Critical Area Map delineates the extent of the Critical Area Overlay District that shall include:
(1) 
All waters of and lands under the Chesapeake Bay and its tributaries to the head of tide as indicated on the state wetland maps, and all state and private wetlands designated under Title 16 of the Environment Article of the Annotated Code of Maryland; and
(2) 
All land and water areas within 1,000 feet beyond the landward boundaries of state or private wetlands and the heads of tides designated under Title 16 of the Environment Article of the Annotated Code of Maryland.
B. 
Within the designated Critical Area Overlay District, all land shall be assigned one of the following land management and development area classifications:
(1) 
Intensely Developed Area (IDA).
(2) 
Limited Development Area (LDA).
(3) 
Resource Conservation Area (RCA).
C. 
The Critical Area Overlay District Map may be amended by the Mayor and Council in compliance with amendment provisions in this chapter, the Maryland Critical Area Law, and COMAR Title 27.
A. 
Development and redevelopment shall be subject to the Habitat Protection Area requirements prescribed in this chapter.
B. 
Reasonable accommodations for the needs of disabled citizens.
(1) 
An applicant seeking relief from the Critical Area standards contained in this chapter in order to accommodate the reasonable needs of disabled citizens shall have the burden of demonstrating by a preponderance of evidence the following:
(a) 
The alterations will benefit persons with a disability within the meaning of the Americans with Disabilities Act;
(b) 
Literal enforcement of the provisions of this chapter would result in discrimination by virtue of such disability or deprive a disabled resident or user of the reasonable use and enjoyment of the property;
(c) 
A reasonable accommodation would reduce or eliminate the discriminatory effect of the provisions of this chapter or restore the disabled resident's or user's reasonable use or enjoyment of the property;
(d) 
The accommodation requested will not substantially impair the purpose, intent, or effect of the provisions of this chapter as applied to the property; and
(e) 
The accommodation would be environmentally neutral with no greater negative impact on the environment than the literal enforcement of the statute, ordinance, regulation or other requirement; or would allow only the minimum environmental changes necessary to address the needs resulting from the particular disability of the applicant/appellant.
(2) 
The Planning Commission shall determine the nature and scope of any accommodation under this chapter and may award different or other relief than requested after giving due regard to the purpose, intent, or effect of the applicable provisions of this chapter. The Planning Commission may also consider the size, location, and type of accommodation proposed and whether alternatives exist which accommodate the need with less adverse effect.
(3) 
The Planning Commission may require, as a condition of approval, that, upon termination of the need for accommodation, the property be restored to comply with all applicable provisions of this chapter. Appropriate bonds may be collected or liens placed in order to ensure Federalsburg's ability to restore the property should the applicant fail to do so.
For all development in the Critical Area resulting from state and local agency projects, the Town of Federalsburg shall comply with the provisions of COMAR 27.01.01 and 27.02.04. If applicable, consistency reports shall be submitted to the Chesapeake Bay Critical Area Commission.