New development or redevelopment activities, including structures,
roads, parking areas and other impervious surfaces, lot coverage or
septic systems will not be permitted in the Buffer in a designated
BMA unless the applicant can demonstrate that there is no feasible
alternative and the Planning Commission finds that efforts have been
made to minimize Buffer impacts and the development shall comply with
the following standards:
A. Development and redevelopment activities have been located as far
as possible from mean high tide, the landward edge of tidal wetlands,
or the edge of tributary streams.
B. Variances to other local setback requirements have been considered
before additional intrusion into the Buffer.
C. Commercial, industrial, institutional, recreational and multifamily
residential development and redevelopment shall meet the following
standards:
(1) New development, including accessory structures, shall minimize the
extent of intrusion into the Buffer. New development shall not be
located closer to the water (or edge of tidal wetlands) than the minimum
required setback for the zoning district or 50 feet, whichever is
greater. Structures on adjacent properties shall not be used to determine
the setback line.
(2) Redevelopment, including accessory structures, shall minimize the
extent of intrusion into the Buffer. Redevelopment shall not be located
closer to the water (or edge of tidal wetlands) than the local setback
for the zoning district or 25 feet, whichever is greater. Structures
on adjacent properties shall not be used to determine the setback
line. A new structure may be constructed on the footprint of an existing
structure.
D. Single-family residential development and redevelopment shall meet
the following standards:
(1) New development or redevelopment shall minimize the shoreward extent
of intrusion into the Buffer. New development and redevelopment shall
not be located closer to the water (or the edge of tidal wetlands)
than principal structures on adjacent properties or the local setback
for the zoning district, whichever is greater. In no case shall new
development be located less than 50 feet, or redevelopment be located
less than 25 feet, from the water (or the edge of tidal wetlands).
(2) Existing principal or accessory structures may be replaced in the
same footprint.
(3) New accessory structures may be located closer to the water than
the setback if the Town of Federalsburg has determined there are no
other locations for the structures. The area of new accessory structures
shall not exceed 500 square feet within 25 feet of the water and 1,000
square feet total in the Buffer.
E. Variances to other local setback requirements shall be considered
before additional intrusion into the Buffer is permitted.
F. Development and redevelopment may not impact any Habitat Protection
Area (HPA) other than the Buffer, including nontidal wetlands, other
state or federal permits notwithstanding.
G. Buffer Management Area (BMA) designation shall not be used to facilitate
the filling of tidal wetlands that are contiguous to the Buffer or
to create additional buildable land for new development or redevelopment.
H. No natural vegetation may be removed in the Buffer except that required
by the proposed construction.
I. Mitigation for development or redevelopment in the BMA approved under
the provisions of this subsection shall be implemented as follows:
(1) Natural forest vegetation of an area twice the extent of the footprint
of the development activity within the one-hundred-foot Buffer shall
be planted on site in the Buffer or at another location approved by
the Planning Commission.
(2) Applicants who cannot fully comply with the planting requirement in Subsection
I(1) above may offset by removing an equivalent area of existing lot coverage in the Buffer.
(3) Applicants who cannot comply with either the planting or offset requirements in Subsection
I(1) or
(2) above shall pay $1.50 per square foot into a fee-in-lieu program.
(4) Any fees-in-lieu collected under these provisions shall be placed
in an account that will assure their use only for projects within
the Critical Area to enhance wildlife habitat, improve water quality,
or otherwise promote the goals of Federalsburg's Critical Area Chapter.
The funds cannot be used to accomplish a project or measure that would
have been required under existing local, state, or federal laws, regulations,
statutes, or permits. The status of these funds must be reported to
the Critical Area Commission on an annual basis.
(5) Any required mitigation or offset areas shall be protected from future
development through an easement, development agreement, plat notes
or other instrument and recorded among the land records of the county.