This title is an overlay that applies to all land located in the critical area and the requirements of this title are in addition to other requirements of this Code.

(Bill No. 4-05)

   If any provision in this title conflicts with other County or State law, the stricter provisions prevail.

(Bill No. 4-05; Bill No. 93-12)

   The critical area is shown on the digital map entitled “Anne Arundel County Critical Area Layer” adopted by the County Council in Bill No. 63-21. The Anne Arundel County Critical Area Layer Map is incorporated in this article by reference as if fully set forth and a copy shall be permanently kept and maintained by the Office of Planning and Zoning. The critical area is divided into the following areas: intensely developed area (IDA), limited development area (LDA), and resource conservation area (RCA).

(Bill No. 4-05; Bill No. 63-21)

      (1)   If there are contiguous slopes of 15% or greater, the buffer shall be expanded by the greater of four feet for every 1% of slope or to the top of the slope and shall include all land within 50 feet of the top of the slopes.

      (2)   If there are nontidal wetlands, nontidal wetlands of special State concern, hydric soils or highly erodible soils, the buffer shall be expanded in accordance with COMAR, Title 27.

(Bill No. 4-05; Bill No. 93-12; Bill No. 76-13)

   Any request for reasonable accommodations as a result of a physical disability must satisfy the standards for disability as defined in the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101, et seq.

(Bill No. 93-12)

   Uses on land in the critical area that were in existence on December 1, 1985 may continue, but intensification or expansion shall be in accordance with this Code and any use that ceases to exist for one year or more shall be subject to the provisions of this Code.

(Bill No. 4-05)

   Creation or expansion of a waste collection or disposal facility or sanitary landfill is prohibited in the critical area unless environmentally acceptable alternatives do not exist outside the critical area and the creation or expansion is needed to correct existing water quality or wastewater management problems.

(Bill No. 4-05)

   Agricultural activities are allowed in the 100-foot buffer if best management practices are used, including a 25-foot vegetative filter strip established from the mean high-water line of tidal waters or tributary streams or from the landward edge of tidal wetlands, whichever is further inland.

(Bill No. 4-05)

      (1)   non-maritime heavy industrial facilities;

      (2)   permanent sludge handling, storage, or disposal facilities other than those associated with wastewater treatment facilities; and

(Bill No. 4-05)

   The uses allowed in the LDA are those uses allowed in the underlying zoning district in accordance with the requirements of the district in which the use is located, except that the maximum density allowed is the more restrictive of four dwelling units per acre or the density allowed in the zoning district in which the use is located.

(Bill No. 4-05)

   The following uses are the only uses allowed in the RCA and, to be allowed, the use must be allowed in and meet all requirements of the underlying zoning district and, for a residential use, the density allowed is one dwelling unit per 20 acres:

      (1)   accessory structures that are not used or constructed to be used for human habitation;

      (2)   agritourism so long as the lot coverage for the use is limited to the lesser of 15% of the total square footage of the property or 20,000 square feet;

      (3)   bed and breakfast homes located in structures existing as of December 1, 1985;

      (4)   bed and breakfast inns located in structures existing as of December 1, 1985;

      (5)   camps, private, for resource utilization or outdoor experiences excluding recreational vehicles;

      (6)   cemeteries associated with religious facilities existing as of December 1, 1985 if lot coverage is limited to the lesser of 15% of the lot or 20,000 square feet;

      (7)   Christmas tree sales in an area that does not exceed one-half acre;

      (8)   clay and borrow pits or sand and gravel operations in existence on June 16, 2003;

      (9)   commercial greenhouses operated in connection with a farm;

      (10)   commercial telecommunication facilities;

      (11)   community parks, playgrounds, and other public recreational uses consistent with the preservation of natural habitats and limited to passive recreational uses;

      (12)   conservation uses, practices, and structures for the maintenance of the natural environment;

      (13)   dairies;

      (14)   dwellings, single-family detached;

      (15)   exhibits showing historical shoreline activities or development;

      (16)   farm alcohol production facility;

      (17)   farm or agricultural heritage site special event located in structures existing as of December 1, 1985, so long as the lot coverage for the use is limited to the lesser of 15% of the total square footage of the property or 20,000 square feet;

      (18)   farm or agricultural heritage site stay located in structures existing as of December 1, 1985, so long as the lot coverage for the use is limited to the lesser of 15% of the total square footage of the property or 20,000 square feet;

      (19)   farm tenant houses;

      (20)   farming;

      (21)   forestry;

      (22)   golf courses, excluding clubhouses, sales and maintenance buildings, and parking areas, if both nutrient management and integrated pest management are practiced onsite and the golf course otherwise complies with the Critical Area Commission’s publication “Golf Courses in the RCA, August 3, 2005”;

      (23)   group homes;

      (24)   home occupations, except that child care shall be limited to a maximum of eight children;

      (25)   hospice facilities;

      (26)   kennels on a lot of at least six acres;

      (27)   marinas in existence as of December 1, 1985;

      (28)   nurseries with landscaping and plant sales, provided the nursery is the principal use and the lot coverage associated with all other commercial uses is limited to the lesser of 15% of the lot or 20,000 square feet;

      (29)   outside storage that is accessory to uses allowed in the RCA if the storage does not exceed the lesser of 10% of the lot or 500 square feet, except that bulk storage of agricultural products is allowed as accessory to a farm and unenclosed storage of manure or odor-producing or dust-producing substances or uses is allowed as accessory to a farm on a lot of at least 10 acres;

      (30)   piers, community, and water-oriented recreational facilities, structures, and uses;

      (31)   piers, private;

      (32)   piers, recreational;

      (33)   public utility uses and public utility essential services;

      (34)   religious facilities and accessory uses on a lot of at least two acres if lot coverage is limited to the lesser of 15% of the lot or 20,000 square feet;

      (35)   research institutions, private, if lot coverage is limited to the lesser of 15% of the lot or 20,000 square feet;

      (36)   rifle, skeet, or archery ranges, excluding clubhouses, sales and maintenance buildings, and parking;

      (37)   roadside stands with temporary seasonal structures that sell produce only and that do not exceed 500 square feet;

      (38)   septic and stormwater management devices associated with permitted uses within the RCA;

      (39)   service organizations and nonprofit charitable and philanthropic organizations or institutions if lot coverage is limited to the lesser of 15% of the lot or 20,000 square feet;

      (40)   small cell systems;

      (41)   small wind energy systems or meteorological towers subject to the requirements of § 18-13-207;

      (42)   solar energy generating facility – accessory;

      (43)   stables, commercial or community, and riding clubs, excluding clubhouses, sales and maintenance buildings, and parking areas, subject to an approved soil conservation and water quality plan;

      (44)   swimming pools, private;

      (45)   temporary nonprofit events, including fairs, carnivals, and bazaars, if the event does not require permanent structures and lasts no more than 30 days and if no more than one event is held in a year;

      (46)   veterinary clinics operated in connection with a farm;

      (47)   waterman’s home commercial uses, excluding processing and packing;

      (48)   wildlife and game preserves, excluding hunting, shooting, clubhouses, sales and maintenance buildings, and parking, subject to an approved soil conservation plan; and

      (49)   yacht clubs existing as of December 1, 1985.

(Bill No. 4-05; Bill No. 39-10; Bill No. 13-11; Bill No. 14-11; Bill No. 93-12; Bill No. 68-13; Bill No. 76-13; Bill No. 89-18; Bill No. 76-19; Bill No. 68-20; Bill No. 106-21; Bill No. 92-22; Bill No. 57-24)

   (a)   Location. A small wind energy system or meteorological tower may not be located in areas designated as forest interior dwelling species (FIDS) habitats; habitat protection areas for rare, threatened and endangered species, species in need of conservation, or colonial water birds; or in natural heritage areas unless the applicant has obtained from the Maryland Department of Natural Resources Wildlife and Heritage Service a letter stating its recommendations for protection and conservation of the habitats. Applicants shall comply with all Department of Natural Resources recommendations for the preservation of habitats affected by the system.

   (b)   Requirements. If a small wind energy system or meteorological tower is approved for location in the 100-foot buffer or expanded buffer, the system shall comply with all of the following requirements.

      (1)   Clearing of forest, developed woodlands, and natural vegetation shall be limited to only the amount necessary for installation of the wind turbine.

      (2)   Mitigation shall be required at a ratio of 3:1 for the footprint of any new lot coverage associated with the wind turbine.

      (3)   Mitigation shall be required at a ratio of 3:1 for the limit of disturbance of any clearing of forests, developed woodlands and natural vegetation.

      (4)   Required mitigation shall be located on-site within the 100-foot buffer to the extent possible and shall be planted to provide a diverse natural habitat.

      (5)   A buffer management plan showing an offsite location for canopy tree replacement or a proposal for alternative site stocking that substitutes understory trees for required canopy trees may be approved by the Office of Planning and Zoning if the applicant demonstrates that all mitigation cannot be located on the property.

      (6)   If a small wind energy system or meteorological tower is removed, the buffer shall be replanted with native vegetation.

   (c)   Variances. A variance may not be granted for the mitigation requirements specified in subsection (b).

(Bill No. 39-10)

   (a)   Eligible properties. An application for amendment to the buffer modification area maps may be made for lots that contained impervious surfaces as of December 1, 1985 or for undeveloped lots located between developed lots.

   (b)   Who may file. An application shall be filed by a person having a financial, contractual, or proprietary interest in the affected property.

   (c)   Contents. An application shall include:

      (1)   the tax map, block, lot, and parcel numbers and subdivision name for the affected property;

      (2)   the current critical area classification;

      (3)   a statement of current and proposed uses of the property and all environmental conditions and features;

      (4)   a statement of the current uses and location of existing structures on all properties adjacent to the property for which a buffer modification is requested;

      (5)   a site development plan at a scale of one inch equals 40 feet identifying or containing the following:

         (i)   a vicinity map;

         (ii)   all impervious surface, including structures, walks, patios, and pools on the property;

         (iii)   plants, trees, and foliage on the property, including details of the species and diameter of trees and a general description of other planting areas;

         (iv)   the minimum front yard setback requirements for the zoning district and the setback of existing structures from the property line;

         (v)   location of the shoreline and distance to all structures on the site; and

         (vi)   identification of any habitat protection area, slopes of 15% or greater, expanded buffer, and forest interior dwelling birds on the property and adjacent properties;

      (6)   a statement of the justification for the proposed buffer modification, including an explanation of why the buffer on the property to be affected is nonfunctional; and

      (7)   evidence of the existence of the structure or impervious surface within the buffer as of December 1, 1985.

(Bill No. 4-05)

   (a)   Signs required. Within seven days after the filing of an application for an amendment to the buffer modification map, one or more signs shall be posted on the property to give notice of the application and the developer shall file a certification with clear photographic evidence to verify compliance with this subsection. The Office of Planning and Zoning shall furnish the signs to the developer, and the developer is responsible for posting and maintaining the signs.

   (b)   Location of signs. Signs shall be located not more than 10 feet from each boundary of the property that abuts a public road or navigable water, except that, if required by flora covering the property or topographic conditions of the land, a sign may be posted farther than 10 feet from the boundary to enhance its visibility. If the property does not abut a public road, one or more signs shall be posted in locations that can be readily seen by the public. The bottom of each sign shall be erected three feet above the ground.

   (c)   Notice to community associations and others. Within seven days after the filing of an application for an amendment to the buffer modification map, the Office of Planning and Zoning shall provide the information contained on the signs to the Office of the County Executive. The Office of the County Executive shall send a notice containing that information to each community association, person, and organization on its list that is located in the Councilmanic District of the property proposed for an amendment to the buffer modification map. The notice shall state that additional information may be obtained from the Office of Planning and Zoning.

(Bill No. 4-05)

   The Planning and Zoning Officer shall set a date by which written comments from the general public are due to the Office of Planning and Zoning, and the date shall be no less than 14 days after the posting of the signs. The Planning and Zoning Officer may not issue a decision on the application until after the public comment period has expired.

(Bill No. 4-05)

   (a)   Findings. The Planning and Zoning Officer shall approve the application if the Planning and Zoning Officer finds that:

      (1)   the application is for a lot created on or before December 1, 1985; and

      (2)   there was an error or omission in the original maps and the existing pattern of residential, industrial, commercial, or recreational development in the critical area prevents the buffer from fulfilling the following functions:

         (i)   providing for removal or reduction of sediments, nutrients, and potentially harmful or toxic substances in runoff entering the bay and its tributaries;

         (ii)   minimizing the adverse effects of human activities on wetlands, shorelines, stream banks, tidal waters, and aquatic resources;

         (iii)   maintaining an area of transitional habitat between aquatic and upland communities;

         (iv)   maintaining the natural environment of streams; and

         (v)   protecting riparian wildlife habitat.

(Bill No. 4-05; Bill No. 93-12)

      (1)   allow for the redevelopment of existing commercial use in compliance with current stormwater management requirements;

      (2)   allow for land use consistent with the County’s General Development Plan; and

      (3)   support the established character of the community, provide for suitable infill development, and provide for the preservation of existing community assets.

(Bill No. 4-05; Bill No. 93-12; Bill No. 71-22)

(Bill No. 4-05; Bill No. 93-12; Bill No. 71-22)

   (a)   Signs required. Within seven days after the filing of an application for growth allocation, one or more signs shall be posted on the property to give notice of the application and the developer shall file a certification with clear photographic evidence to verify compliance with this subsection. The Office of Planning and Zoning shall furnish the signs to the developer, and the developer is responsible for posting and maintaining the signs.

(Bill No. 4-05; Bill No. 93-12)

(Bill No. 4-05; Bill No. 93-12)

   Approval of a growth allocation is rescinded by operation of law if:

      (1)   action to commence subdivision is not begun within one year of the date of approval by the County Council or Critical Area Commission, whichever is later, and the subdivision is not recorded within three years of the date of approval by the County Council or Critical Area Commission, whichever is later; or

      (2)   when subdivision is not required, action to commence the development has not begun within one year of the date of approval by the County Council or Critical Area Commission, whichever is later, and the required permits are not completed within three years of the date of approval by the County Council or Critical Area Commission, whichever is later.

(Bill No. 4-05; Bill No. 93-12; Bill No. 71-22)