A. 
Growth allocation available to Federalsburg includes:
(1) 
An area equal to 5% of the RCA acreage located within Federalsburg; and/or
(2) 
Growth allocation available to Federalsburg as provided for by Caroline County.
B. 
As of the date of adoption of this chapter, there is no specific acreage of growth allocation allotted to the Town of Federalsburg. The county will review potential growth allocation requests from the Town on a case-by-case basis.
A. 
Purpose. The Growth Allocation Floating Zone is not mapped but is designated for use in areas classified as Resource Conservation Areas and/or Limited Development Areas within the Federalsburg Critical Area Overlay District. The purpose of the floating zone is to permit a change in the land management classification established in the Critical Area Overlay District on specific sites so that they may be developed to the extent permitted by the underlying zoning classification or the land use management classification. Only projects which have been approved by the Mayor and Council for award of the Critical Area growth allocation are eligible for the floating zone district.
B. 
Designation of floating zones.
(1) 
The Growth Allocation District shall be a floating zone.
(2) 
The Growth Allocation District provides for changing the land management classification of Resource Conservation Areas and Limited Development Areas in the Critical Area Overlay District.
When locating new Intensely Developed or Limited Development Areas, the following standards shall apply:
A. 
A new Intensely Developed Area shall only be located in a Limited Development Area or adjacent to an existing Intensely Developed Area.
B. 
A new Limited Development Area shall only be located adjacent to an existing Limited Development Area or an Intensely Developed Area.
C. 
New Intensely Developed Areas shall be at least 20 acres in size, unless:
(1) 
They are contiguous to an existing Intensely Developed Area or located in a Limited Development Area; or
(2) 
They are a grandfathered commercial or industrial uses which existed as of March 6, 1989. The amount of growth allocation deducted shall be equivalent to the area of the entire parcel or parcels subject to the growth allocation request.
D. 
No more than 1/2 of Federalsburg's growth allocation may be located in Resource Conservation Areas except as provided in Subsection I below.
E. 
A new Limited Development Area or Intensely Developed Area shall be located in a manner that minimizes impacts to Habitat Protection Areas as defined herein and in COMAR 27.01.09 and in an area and manner that optimizes benefits to water quality.
F. 
A new Intensely Developed Area shall only be located where it minimizes impacts to the defined land uses of the Resource Conservation Area.
G. 
A new Intensely Developed Area or a Limited Development Area in a Resource Conservation Area shall be located at least 300 feet beyond the landward edge of tidal wetlands or tidal waters.
H. 
New Intensely Developed Areas or Limited Development Areas to be located in Resource Conservation Areas shall conform to all criteria of this chapter for such areas, shall be so designated on the Federalsburg Critical Area Maps and shall constitute an amendment to this chapter subject to review and recommendation by the Planning Commission, and the approval of the Mayor and Council and the Critical Area Commission, as provided herein.
I. 
If Federalsburg is unable to utilize a portion of its growth allocation as set out in Subsection A and B above within or adjacent to existing Intensely Developed or Limited Development Areas, then that portion of the growth allocation which cannot be so located may be located in the Resource Conservation Areas in addition to the expansion allowed in Subsection D above under program measures specifically approved by the Critical Area Commission.
J. 
For residential development, the area to be developed shall be limited to no more than 85% of the site.
K. 
In addition to meeting the minimum requirements of the Critical Area regulations, the Planning Commission reserves the right to require additional water quality and/or wildlife habitat improvements in the project design.
L. 
For residential development, a community pier shall be provided rather than individual private piers, consistent with standards included in the supplemental use standards section of this chapter.[1]
[1]
Editor's Note: See Art. VIII, Supplemental Use Standards.
A. 
In reviewing map amendments or refinements involving the use of growth allocation, Federalsburg shall consider the following factors:
(1) 
Consistency with Federalsburg's adopted Comprehensive Plan and whether the growth allocation would implement the goals and objectives of the adopted plan. "Consistency with" means that a standard or factor will further, and not be contrary to, the following items in the Comprehensive Plan:
(a) 
Policies;
(b) 
Timing of the implementation of the plan, of development, and of rezoning;
(c) 
Development patterns;
(d) 
Land uses; and
(e) 
Densities or intensities.
(2) 
For a map amendment or refinement involving a new Limited Development Area, whether the development is:
(a) 
To be served by a public wastewater system or septic system that uses the best available nitrogen removal technology;
(b) 
A completion of an existing subdivision;
(c) 
An expansion of an existing business; or
(d) 
To be clustered.
(3) 
For a map amendment or refinement involving a new Intensely Developed Area, whether the development is:
(a) 
To be served by a public wastewater system;
(b) 
If greater than 20 acres, to be located in a designated Priority Funding Area; and
(c) 
To have a demonstrable economic benefit.
(4) 
The use of existing public infrastructure, where practical;
(5) 
Consistency with state and regional environmental protection policies concerning the protection of threatened and endangered species and species in need of conservation that may be located on or off site;
(6) 
Impacts on a Priority Preservation Area;
(7) 
Environmental impacts associated with wastewater and stormwater management practices and wastewater and stormwater discharges to tidal waters, tidal wetlands, and tributary streams; and
(8) 
Environmental impacts associated with location in a coastal hazard area or an increased risk of severe flooding attributable to the proposed development.