Town of Federalsburg, MD Limited Development Areas

For all development activities in the Limited Development Areas, the applicant shall identify any environmental or natural feature described below and shall meet all of the following standards:

Development and redevelopment shall be subject to the water-dependent facilities requirements of this chapter.

Roads, bridges, and utilities are prohibited in a Habitat Protection Area unless no feasible alternative exists. If a road, bridge, or utility is authorized, the design, construction and maintenance shall:

(1)

Provide maximum erosion protection;

(2)

Minimize negative impacts on wildlife, aquatic life and their habitats; and

(3)

Maintain hydrologic processes and water quality.

All development activities that must cross or affect streams shall be designed to:

(1)

Reduce increases in flood frequency and severity that are attributable to development;

(2)

Retain tree canopy so as to maintain stream water temperature within normal variation;

(3)

Provide a natural substrate for stream beds; and

(4)

Minimize adverse water quality and quantity impacts of stormwater.

If there is a wildlife corridor system identified by the Wildlife Heritage Service on or near the site which can be enhanced by additional plantings, the applicant shall incorporate a wildlife corridor system that connects the largest undeveloped or most vegetative tracts of land within and adjacent to the site in order to provide continuity of existing wildlife and plant habitats with off-site habitats. The wildlife corridor system may include Habitat Protection Areas identified in this chapter. Federalsburg shall ensure the maintenance of the wildlife corridors by requiring the establishment of conservation easements, restrictive covenants, or similar instruments approved by the Town Attorney through which the corridor is preserved by public or private groups, including homeowners' associations, nature trusts and other organizations, if present.

Development on slopes 15% or greater, as measured before development, shall be prohibited unless the project is the only effective way to maintain or improve the stability of the slope and is consistent with the policies and standards for Limited Development Areas.

Except as otherwise provided in this subsection, for stormwater runoff, lot coverage is limited to 15% of a lot or parcel or any portions of a lot or parcel that are designated Limited Development Area.

(1)

If a parcel or lot of 1/2 acre or less in size existed on or before December 1, 1985, then lot coverage is limited to 25% of the parcel or lot.

(2)

If a parcel or lot greater than 1/2 acre and less than one acre in size existed on or before December 1, 1985, then lot coverage is limited to 15% of the parcel or lot.

(3)

If an individual lot one acre or less in size is part of a subdivision approved after December 1, 1985, then lot coverage may exceed 15% of the individual lot; however the total lot coverage for the entire subdivision may not exceed 15%.

(4)

Lot coverage limits provided in Subsection F(1) and (2) above may be exceeded upon findings by the Planning Commission or its designee that the following conditions exist:

(a)

The lot or parcel is legally nonconforming. A lot or parcel legally developed as of July 1, 2008, may be considered legally nonconforming for the purposes of lot coverage requirements.

(b)

Lot coverage associated with new development activities on the property has been minimized;

(c)

For a lot or parcel 1/2 acre or less in size, total lot coverage does not exceed the lot coverage limits in Subsection F(4)(a) by more than 25% or 500 square feet, whichever is greater;

(d)

For a lot or parcel greater than 1/2 acre and less than one acre in size, total lot coverage does not exceed the lot coverage limits in Subsection F(4)(b) or 5,445 square feet, whichever is greater;

(e)

The following table summarizes the limits set forth in Subsection F(4)(a) through (d) above:

	Table § 45-12F(4)(e) — Lot Coverage Limits
	Lot/Parcel Size (square feet)	Lot Coverage Limit
	0 to 8,000	25% of parcel + 500 square feet
	8,001 to 21,780	31.25% of parcel
	21,781 to 36,300	5,445 square feet
	36,301 to 43,560	15% of parcel

(5)

If the Planning Commission or its designee makes the findings set forth in Subsection F(4) above and authorizes an applicant to use the lot coverage limits set forth in that subsection, the applicant shall:

(a)

Demonstrate that water quality impacts associated with runoff from the development activities that contribute to lot coverage have been minimized through site design considerations or the use of best management practices to improve water quality; and

(b)

Provide on-site mitigation in the form of plantings to offset potential adverse water quality impacts from the development activities resulting in new lot coverage. The plantings shall be equal to two times the area of the development activity.

(c)

If the applicant cannot provide appropriate stormwater treatment and plantings due to site constraints, then the applicant shall pay a fee to Federalsburg in lieu of performing the on-site mitigation. The amount of the fee shall be $1.50 per square foot of the required mitigation.

The alteration of forest and developed woodlands shall be restricted and shall be mitigated as follows:

(1)

The total acreage in forest and developed woodlands within Federalsburg in the Critical Area shall be maintained or preferably increased;

(2)

All forests and developed woodlands that are allowed to be cleared or developed shall be replaced in the Critical Area on not less than an equal area basis;

(3)

If an applicant is authorized to clear more than 20% of a forest or developed woodlands on a lot or parcel, the applicant shall replace the forest or developed woodlands at 1.5 times the areal extent of the forest or developed woodlands cleared, including the first 20% of the forest or developed woodlands cleared.

(4)

An applicant may not clear more than 30% of a forest or developed woodlands on a lot or parcel, unless the Board of Appeals grants a variance and the applicant replaces forest or developed woodlands at a rate of three times the areal extent of the forest or developed woodlands cleared.

(5)

If an applicant is authorized to clear any percentage of forest or developed woodlands associated with a subdivision or site plan approval, the remaining percentage shall be maintained through recorded, restrictive covenants or similar instruments approved by Federalsburg.

The following are required for forest or developed woodlands clearing as required in Subsection G above:

(1)

The applicant shall ensure that any plantings that die within 24 months of installation shall be replaced. A performance bond in an amount determined by Federalsburg shall be posted to assure satisfactory replacement as required in Subsection G above and plant survival.

(2)

A permit issued by Federalsburg before forest or developed woodlands are cleared. Clearing forests and developed woodlands before obtaining a Federalsburg permit is a violation; any forests and developed woodlands cleared before obtaining a Federalsburg permit shall be replanted at three times the areal extent of the cleared forest or developed woodlands.

(3)

Clearing of forest or developed woodlands that exceed the maximum area allowed in Subsection G above shall be replanted at three times the areal extent of the cleared forest or developed woodlands.

(4)

If the areal extent of the site limits the application of the reforestation standards in this section, the applicant may be allowed to plant off site at the required ratio or pay a fee in lieu of planting at a rate of $1.50 per square foot.

If no forest is established on proposed development sites, these sites shall be planted to provide a forest or developed woodlands cover of at least 15%.

(1)

The applicant shall designate, subject to the approval of the Town of Federalsburg, a new forest area on a part of the site not forested; and

(2)

The afforested area shall be maintained as forest cover through easements, restrictive covenants or other protective instruments approved by the Federalsburg Town Attorney.