§ 33-2-603. LIMITED DEVELOPMENT AREAS AND RESOURCE CONSERVATION AREA.

(a)

Application. This section applies to development in limited development areas and resource conservation areas in the Chesapeake Bay Critical Area.

(b)

General requirements.

(1)

All development activity that crosses or affects a stream shall be designed to:

(i)

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

(ii)

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

(iii)

Provide a natural substrate for streambeds; and

(iv)

Minimize adverse water quality and quantity impacts from stormwater.

(2)

Development plans shall incorporate a wildlife corridor system that connects the largest, most undeveloped or vegetated tracts of land within and adjacent to the site to provide a continuity of existing on-site and off-site plant and wildlife habitats.

(3)

(i)

The sum of all man-made impervious areas may not exceed 15% of the lot, parcel, or property proposed to be developed, except that:

1.

If a one-half acre or less lot or parcel existed on or before December 1, 1985, man-made impervious surfaces may not exceed 25% of the lot or parcel;

2.

If a lot or parcel greater than one-half acre and less than one acre existed on or before December 1, 1985, man-made impervious surfaces may not exceed 15% of the lot or parcel; or

3.

A.

If a one acre or less individual lot is part of a subdivision approved after December 1, 1985, man-made impervious surfaces of the lot may not exceed 25% of the lot; and

B.

The total of the impervious surfaces over the entire subdivision may not exceed 15%.

(ii)

This paragraph does not apply to a trailer park that was in residential use on or before December 1, 1985.

(iii)

The Director of Environmental Protection and Sustainability may allow a property owner to exceed the impervious surface limits under items (i)1. and 2. of this paragraph if:

1.

New impervious surfaces on the property have been minimized;

2.

A.

For a one-half acre or less lot or parcel, total impervious surfaces do not exceed impervious surface limits in item (i)1. of this paragraph by more than the greater of 25% or 500 square feet; or

B.

For a lot or parcel greater than one-half acre and less than one acre, total impervious surfaces do not exceed the greater of the impervious surface limits in item (i)2. of this paragraph or 5,445 square feet;

3.

Water quality impacts associated with runoff from the new impervious surfaces have been minimized through site design considerations or use of best management practices approved by the Department of Environmental Protection and Sustainability to improve water quality; and

4.

The property owner:

A.

Performs onsite mitigation as required by the Department of Environmental Protection and Sustainability to offset potential adverse water quality impacts from the new impervious surfaces; or

B.

Pays monetary compensation into the county Water Quality Mitigation Fund instead of performing the onsite mitigation.

(iv)

1.

The amount of the monetary compensation authorized under item (iii)4.B. of this subsection shall be established in accordance with § 3-1-202 of the Code.

2.

Monetary compensation shall be paid before the approval of a project plan, a grading permit, or a building permit, as determined by the Department of Environmental Protection and Sustainability.

(v)

1.

Notwithstanding any other provision of the Code, the Director of Environmental Protection and Sustainability may grant a variance from this paragraph in accordance with the Chesapeake Bay Critical Area criteria concerning:

A.

Variances as part of local program development under COMAR 27.01.11; and

B.

Notification of project applications under COMAR 27.03.01.

2.

Notice of an applicant's variance proposal shall be published once in a newspaper of general circulation in the county 15 days before the variance may be approved.

3.

The Director of Environmental Protection and Sustainability may require conditions for variance approval, including site design conditions or mitigation, to minimize adverse impacts on water quality and fish, wildlife, or plant habitat.

4.

A person aggrieved or feeling aggrieved by a decision of the Director of Environmental Protection and Sustainability made under this subparagraph may appeal the decision de novo to the Board of Appeals.

(4)

A reduction in the road standards as established in the county standard specifications and details for construction may be allowed to reduce impacts from new development sites on Chesapeake Bay Critical Area resources, if the reduced standards do not significantly reduce safety.

(5)

The stormwater management system shall be designed to:

(i)

Prevent the development from causing downstream property, watercourses, channels, or conduits to receive stormwater runoff at a higher rate than would have resulted from a 10-year frequency storm if the land had remained in its predevelopment state;

(ii)

Maximize the infiltration of water throughout the site, rather than concentrating flows into single discharge points;

(iii)

Decentralize storm drain discharge points to simulate the predevelopment hydrologic regime; and

(iv)

Ensure that sufficient storage capacity exists to:

1.

Achieve water quality goals under the Chesapeake Bay Critical Area criteria; and

2.

Eliminate all runoff caused by the development in excess of the amount that would have come from the site if the land had remained in its predevelopment state.

(6)

If an alternatives analysis submitted by the applicant clearly demonstrates that any or all of the requirements under paragraph (5) of this subsection are infeasible due to site limitations, the Director of Environmental Protection and Sustainability may allow the implementation of alternative stormwater management measures, if equal or greater water quality benefits are achieved.

(c)

Forests or developed woodland requirements.

(1)

(i)

A priority forest retention area as designated in the county Forest Protection and Establishment Manual shall be retained and protected to the extent possible.

(ii)

1.

At a minimum, forests and developed woodlands containing nontidal wetlands, nontidal wetland buffers, buffers, or habitat protection areas shall be retained and protected in accordance with Subtitles 3, 4, and 5 of this title.

2.

An applicant shall consider the recommendations of the State Department of Natural Resources when proposing to clear forests containing nontidal wetlands, nontidal wetland buffers, buffers, or habitat protection areas.

(2)

(i)

All clearing, or establishment through reforestation or afforestation, of a forest or developed woodland, as delineated on the January 1986 county forest and developed woodlands aerial photographs or identified through a site inspection by the Department of Environmental Protection and Sustainability, shall be done in accordance with a forest protection and establishment plan approved by the Department of Environmental Protection and Resource Sustainability.

(ii)

A forest protection and establishment plan shall be prepared by a licensed forester, a registered landscape architect, or a qualified professional who meets the requirements under COMAR 08.19.06.01.

(3)

(i)

1. Except as provided in sub-subparagraph 3. of this subparagraph, no more than 20% of the sum of all forest and developed woodland may be cleared.

2.

Except as provided in sub-subparagraph 3. of this subparagraph, every acre of forest and developed woodland cleared under this subparagraph shall be replaced by one acre of reforestation or afforestation.

3.

An additional 10% of the forest or developed woodland may be cleared if every acre of forest or developed woodland cleared is replaced by one and one-half acres of reforestation or afforestation.

(ii)

1.

If the configuration of the site precludes onsite replacement under subparagraph (i) of this paragraph, the applicant shall:

A.

Secure an offsite area suitable for afforestation; and

B.

Afforest the offsite area in compliance with subparagraph (i) of this paragraph.

2.

If an appropriate offsite area cannot be located or secured, the county will allow the applicant to pay monetary compensation into the county forest protection and establishment fund instead of afforesting an offsite area.

(iii)

1.

An applicant shall afforest to achieve 15% forest cover on a development site according to an approved forest protection and establishment plan, if:

A.

No forest or developed woodland exists on the site; or

B.

The site contains less than 15% forest cover.

2.

If the configuration of the site precludes onsite replacement, the applicant shall secure an offsite area suitable for afforestation.

3.

If an appropriate offsite area cannot be located or secured, the county will allow the applicant to pay monetary compensation into the county forest protection and establishment fund instead of afforesting an offsite area.

(iv)

1.

Forest or developed woodland cleared shall be replaced in the Chesapeake Bay Critical Area to the extent possible.

2.

All required afforestation and reforestation shall be directed to a priority forest retention area designated in the county Forest Protection and Establishment Manual to the extent possible.

(v)

1.

A developer shall agree to:

A.

Remove forest or developed woodland, reforest, or afforest according to an approved forest protection and establishment plan; or

B.

Pay monetary compensation into the county Forest Protection and Establishment Fund.

2.

The applicant shall pay required monetary compensation before the approval of a project plan, a grading permit, or a building permit, as determined by the Department of Environmental Protection and Sustainability.

3.

A.

If afforestation or reforestation is required, the applicant shall post a security in accordance with § 32-4-312 of the Code.

B.

The security shall be posted before the approval of a project plan, a grading permit, or a building permit, as determined by the Department of Environmental Protection and Sustainability.

(vi)

A person shall afforest or reforest an area under this title within the greater of one year or two growing seasons following approval of a project plan, a grading permit, or a building permit, as determined by the Department of Environmental Protection and Sustainability.

(d)

Forest Protection and Establishment Fund.

(1)

There is a Forest Protection and Establishment Fund in the Department of Environmental Protection and Sustainability.

(2)

The Fund shall consist of:

(i)

Monetary compensation paid under subsection (c) of this section by an applicant who demonstrates to the Department of Environmental Protection and Sustainability that the applicant cannot meet the afforestation and reforestation requirements;

(ii)

Other monies appropriated to the fund by the County Council; and

(iii)

Interest accrued to the Fund.

(3)

(i)

Subject to subparagraph (ii) of this paragraph, the Forest Protection and Establishment Fund may be used only for:

1.

Reforestation and afforestation, including site preparation, planting, and maintenance; and

2.

Implementing capital projects administered under the county's waterway improvement program.

(ii)

Monetary compensation paid to the fund under paragraph (2)(i) of this subsection may be used only for forest replacement.

(4)

Monies credited and interest accrued to the Fund:

(i)

Shall remain available until expended; and

(ii)

May not revert to the general fund under any other provision of law.

(1988 Code, § 26-453) (Bill No. 74, 1991, § 1, 7-25-1991; Bill No. 222, 1992, § 1, 3-11-1993; Bill No. 120-93, 1993, § 1, 9-10-1993; Bill No. 8-96, § 4, 3-23-1996; Bill No. 170-96, § 1, 2-1-1997; Bill No. 94-02, § 2, 7-1-2004; Bill No. 122-10, § 13, 1-16-2011)