The goals of the Chesapeake City Critical Area Program are to accomplish the following:

The Town of Chesapeake City Critical Area Program consists of this chapter and the Official Critical Area Map(s).

The Official Critical Area Overlay District Map is maintained in force as part of the Official Zoning Map for Chesapeake City. The Official Critical Area Map delineates the extent of the Critical Area Overlay District that shall include:

Within the designated Critical Area Overlay District, all land shall be assigned one of the following land management and development area classifications:

The Critical Area Overlay District Map may be amended by the Mayor and Council in compliance with amendment provisions in this Part 8, the Maryland Critical Area Law,[1] the Critical Area Criteria and Critical Area Regulations.

The application shall be accompanied by a completed "Project Notification Application'' form downloaded from the Critical Area Commission's website.

The Town of Chesapeake City may not process an application which has been sent to the Critical Area Commission for notification until it has received notice of receipt by the Critical Area Commission.

Any action by the Town of Chesapeake City in violation of these procedures shall be void.

Development and redevelopment shall be subject to the habitat protection area requirements prescribed in this Part 8.

Reasonable accommodations for the needs of disabled citizens.

Development and redevelopment shall be subject to the water-dependent facilities requirements of this Part 8.

Utility transmission facilities.

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

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

New solid or hazardous waste collection or disposal facilities, or sanitary landfills or rubble fills, including transfer stations, may not be permitted in the Critical Area unless no environmentally preferable alternative exists outside the Critical Area, and these development activities or facilities are needed in order to correct an existing water quality wastewater management problem. Existing permitted facilities shall be subject to the standards and requirements of the Department of the Environment.

The following uses may only be permitted in the IDA only after the activity or facility has demonstrated to all appropriate local and state permitting agencies that there will be a net improvement in water quality to the adjacent body of water. These activities include the following:

Development activities shall be designed and implemented to minimize destruction of forest and woodland vegetation.

All development and redevelopment activities shall include stormwater management technologies that reduce pollutant loadings by at least 10% below the level of pollution on the site prior to development or redevelopment as provided in the Critical Area 10% Rule Guidance Manual – Fall 2003 and as may be subsequently amended.

New, expanded or redeveloped industrial or port-related facilities and the replacement of these facilities may be permitted only in those portions of IDAs that have been designated as Modified Buffer Areas (MBAs).

Non-water-dependent project in Intensely Developed Areas.

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 Part 8. Chesapeake City shall ensure the maintenance of the wildlife corridors by requiring the establishment of conservation easements, restrictive covenants, or similar instruments approved by the Town through which the corridor is preserved by public or private groups, including homeowners' associations, nature trusts and other organizations.

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, lot coverage as defined in Article 8.9, Critical Area Definitions, is limited to 15% of a lot or parcel or any portions of a lot or parcel that are designated LDA.

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

The following are required for forest or developed woodland clearing as required in Subsection D above:

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

Development standards. For all development activities and resource utilization in the Resource Conservation Areas, the applicant shall meet all of the following standards:

Nothing in this section shall limit the ability of a landowner to participate in any agricultural easement program or to convey real property impressed with such an easement to family members, provided that no such conveyance will result in a density greater than one dwelling unit per 20 acres.

Permitted uses in the Critical Area shall be limited to those uses allowed by the underlying zoning districts as modified by both Table 5 and the supplemental use standards provided in § 120-8.3.2, provided such uses meet all standards established for the Critical Area Overlay District.

Maximum permitted density.

Accessory dwelling unit (1.10).

Existing institutional uses (2.10).

New institutional uses (2.20).

Existing commercial uses (3.10).

New commercial uses (3.20).

Golf course (5.10).

Existing industrial uses (6.10).

New industrial uses (6.20).

Nonmaritime heavy industry (6.30).

Utility transmission facilities (7.10).

Sanitary landfill; rubble fill (8.10).

Solid or hazardous waste collection or disposal facilities (8.20).

Sludge facilities (8.30).

Non-water-dependent structures on piers.

Growth allocation acreage. Growth allocation available to Chesapeake City includes:

Purpose. Growth allocation is available for use in an RCA or in an LDA in the Chesapeake City Critical Area Overlay District. The purpose is to authorize a change in the Critical Area classification to develop at a higher density or use than the current classification allows.

Process. An applicant shall submit to Chesapeake City a complete application for growth allocation that complies with the submittal and environmental report requirements of COMAR 27.01.02.06-1 and 27.01.02.06-2. A growth allocation request shall be approved by the Town Council and Mayor prior to submission to the Critical Area Commission.

When locating new Intensely Developed or Limited Development Areas the following standards shall apply:

Additional factors. In reviewing map amendments or refinements involving the use of growth allocation the Critical Area Commission and Mayor and Council shall consider the following factors:

Continuation of existing uses.

Residential density on grandfathered lots. Except as otherwise provided, the following types of land are permitted to be developed with a single-family dwelling, if a dwelling is not already placed there, notwithstanding that such development may be inconsistent with the density provisions of this Part 8:

Implementation.

Applicability. Chesapeake City has established provisions where, owing to special features of a site or other circumstances, implementation of this Part 8 or a literal enforcement of provisions within this Part 8 would result in unwarranted hardship to an applicant, a Critical Area variance may be obtained.

Standing. In accordance with Natural Resources Article, § 8-1808(d)(2), Annotated Code of Maryland, if a person meets the threshold standing requirements under federal law, the person shall have standing to participate as a party in a local administrative proceeding.

Standards. The provisions for granting such a variance shall include evidence submitted by the applicant that the following standards are met:

Process. Applications for a variance will be made in writing to the Board of Appeals with a copy provided to the Critical Area Commission. The Board of Appeals shall follow its established procedures for advertising and notification of affected landowners.

Findings. Based on competent and substantial evidence, the Board of Appeals shall make written findings as to whether the applicant has overcome the presumption of nonconformance as established in Subsection A above and, if applicable, Subsection C above. With due regard for the person's technical competence and specialized knowledge, the written findings may be based on evidence introduced and testimony presented by:

Appeals. Appeals from decisions concerning the granting or denial of a variance under this chapter shall be taken in accordance with all applicable laws and procedures for variances. Variance decisions by the Board of Appeals may be appealed to the circuit court in accordance with the Maryland Rules of Procedure. Appeals may be taken by any person, firm, corporation or governmental agency aggrieved or adversely affected by any decision made under this Part 8.

Conditions and mitigation. The Board of Appeals shall impose conditions on the use or development of a property which is granted a variance as it may find reasonable to ensure that the spirit and intent of this Part 8 is maintained, including but not limited to the following:

Commission notification. Within 10 working days after a written decision regarding a variance application is issued, a copy of the decision will be sent to the Critical Area Commission. No permit for the activity that was the subject of the application will be issued until the applicable thirty-day appeal period has elapsed.

After-the-fact requests.

Applicability. The provisions of this section apply to a consolidation or a reconfiguration of any nonconforming legal grandfathered parcel or lot. These provisions do not apply to the reconfiguration or consolidation of parcels or lots which are conforming or meet all Critical Area requirements. Nonconforming parcels or lots include:

Procedure. An applicant seeking a parcel or lot consolidation or reconfiguration shall provide the information required in COMAR 27.01.02.08E to the Town.

Amendments. The Mayor and Council may from time to time amend the Critical Area provisions of this Part 8. Changes may include, but are not limited to, amendments, revisions, and modifications to this chapter, Critical Area Maps, implementation procedures, and local policies that affect Chesapeake City's Critical Area. All such amendments, revisions, and modifications shall also be approved by the Critical Area Commission as established in § 8-1809 of the Natural Resources Article of the Annotated Code of Maryland. No such amendment shall be implemented without approval of the Critical Area Commission. Standards and procedures for Critical Area Commission approval of proposed amendments are as set forth in the Critical Area Law, § 8-1809(i) and (d), respectively, of the Natural Resources Article of the Annotated Code of Maryland.

Zoning Map amendments. Except for program amendments or program refinements developed during a six-year comprehensive review, a Zoning Map amendment may only be granted by the Mayor and Council upon proof of a mistake in the existing zoning. This requirement does not apply to proposed changes to a Zoning Map that meet the following criteria:

Process.

Consistency. The Critical Area provisions of this Part 8, in accordance with the Critical Area Act[1] and criteria, supersede any inconsistent law, ordinance or plan of Chesapeake City. In the case of conflicting provisions, the stricter provisions shall apply.

Violations.

Responsible persons. The following persons may each be held jointly or severally responsible for a violation: persons who apply for or obtain any permit or approval, contractors, subcontractors, property owners, managing agents, or any person who has committed, assisted, or participated in the violation.

Required enforcement action. In the case of violations of this Part 8, the Town shall take enforcement action including:

Right to enter property. Except as otherwise authorized and in accordance with the procedures specified herein, the Mayor and Council or their designee may obtain access to and enter a property in order to identify or verify a suspected violation, restrain a development activity, or issue a citation if the Town has probable cause to believe that a violation of this Part 8 has occurred, is occurring, or will occur. Town officials shall make a reasonable effort to contact a property owner before obtaining access to or enter the property. If entry is denied, the Town may seek an injunction to enter the property to pursue an enforcement action.

Administrative civil penalties. In addition to any other penalty applicable under state or Town law, every violation of a provision of Natural Resources Article Title 8, Subtitle 18, or Critical Area provisions of this Part 8 shall be punishable by a civil penalty of up to $10,000 per calendar day.

Cumulative remedies. The remedies available to the Town under this Part 8 are cumulative and not alternative or exclusive, and the decision to pursue one remedy does not preclude pursuit of others.

Injunctive relief.

Variances pursuant to a violation. The Town may accept an application for a variance regarding a parcel or lot that is subject to a current violation of this Part 8 or any provisions of an order, permit, plan, or this article in accordance with the variance provisions of this Part 8. However, the application shall not be reviewed nor shall a final decision be made until all abatement, restoration, and mitigation measures have been implemented and inspected by the Town.

Permits pursuant to a violation.

Appeals. An appeal to the Board of Appeals may be filed by any person aggrieved by any order, requirement, decision or determination by the Town in connection with the administration and enforcement of this Part 8.

The minimum 100-foot Buffer is delineated based on existing field conditions landward from:

The Buffer shall be expanded beyond the minimum 100-foot Buffer as described in Subsection A above and the minimum 200-foot Buffer as described in Subsection C below to include the following contiguous land features:

Applications for a subdivision or for a development activity on land located within the RCA requiring site plan approval after July 1, 2008 shall include:

The provisions of Subsection C above do not apply if:

Buffer disturbance. If approved by the Town, disturbance to the Buffer is permitted for the following activities, provided mitigation is performed in accordance with an approved Buffer management plan as required per Subsection E of this section:

Buffer establishment in vegetation. An applicant for a development activity, redevelopment activity or a change in land use that occurs outside the Buffer but is located on a riparian lot or parcel that includes the minimum 100-foot Buffer shall establish the Buffer in vegetation if the Buffer is not fully forested or fully established in woody or wetland vegetation. A Buffer management plan in accordance with the standards of Subsection E below is required.

Mitigation for impacts to the Buffer. An applicant for a development activity that includes disturbance to the Buffer shall mitigate for impacts to the Buffer and shall provide a Buffer management plan in accordance with the standards set forth in this section.

Buffer planting standards.

Required submittal of Buffer management plans. An applicant that is required to plant the Buffer to meet establishment or mitigation requirements shall submit a Buffer management plan as provided in COMAR 27.01.09.01-3 with the application for the specific activity. The provisions of this subsection do not apply to maintaining an existing grass lawn or an existing garden in the Buffer.

Fees in lieu of Buffer mitigation. A fee in lieu of mitigation will be collected if the planting requirements of the Buffer management plan cannot be fully met on-site in accordance with the following standards:

Shore erosion control projects. Shore erosion control measures are permitted activities within the Buffer in accordance with the following requirements:

Applicability. The following provisions apply to areas designated and mapped by Chesapeake City as Modified Buffer Areas (MBA) and shown on maps available to the public held by Chesapeake City. All MBA maps and provisions must be approved by the Critical Area Commission.

Development and redevelopment standards. New development or redevelopment activities, including structures, roads, parking areas and other impervious surfaces or septic systems, will not be permitted in the Buffer in a designated MBA 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 complies with the following standards:

Threatened or endangered species or species in need of conservation;

Colonial waterbird nesting sites;

Historic waterfowl staging and concentration areas in tidal waters, tributary streams or tidal and nontidal wetlands;

Existing riparian forests;

Forest areas utilized as breeding areas by future interior dwelling birds and other wildlife species;

Other plant and wildlife habitats determined to be of local significance;

Natural Heritage Areas; and

Anadromous fish propagation waters.

An applicant for a development activity proposed for a site within the Critical Area that is in or near a Habitat Protection Area listed above shall request review by the Department of Natural Resources Wildlife and Heritage Service for comment and technical advice. Based on the Department's recommendations, additional research and site analysis may be required to identify the location of threatened and endangered species and species in need of conservation on a site.

If the presence of a habitat protection area is confirmed by the Department of Natural Resources, the applicant shall develop a habitat protection plan in coordination with the Department of Natural Resources and as necessary the United States Fish and Wildlife Service.

The applicant shall obtain approval of the habitat protection plan from the Planning Commission or the appropriate designated approving authority. The specific protection and conservation measures included in the plan shall be considered conditions of approval of the project.

New or expanded development activities may be permitted in the Buffer in the IDAs and LDAs provided that it can be shown:

New or expanded development activities may not be permitted in those portions of the Buffer which occur in RCAs. Applicants for water-dependent facilities in an RCA, other than those specifically permitted herein, must apply for a portion of the Town's growth allocation as set forth in this Part 8.

That the activities will not significantly alter existing water circulation patterns or salinity regimes;

That the water body upon which these activities are proposed has adequate flushing characteristics in the area;

That disturbance to wetlands, submerged aquatic plant beds, or other areas of important aquatic habitats will be minimized;

That adverse impacts to water quality that may occur as a result of these activities, such as nonpoint source runoff and sewage discharge from land activities or vessels, or from boat cleaning and maintenance operations, is minimized;

That shellfish beds will not be disturbed or be made subject to discharge that will render them unsuitable for harvesting;

That dredging shall be conducted in a manner and using a method which causes the least disturbance to water quality and aquatic and terrestrial habitats in the area immediately surrounding the dredging operation or within the Critical Area, generally;

That dredged spoil will not be placed within the Buffer or elsewhere in that portion of the Critical Area which has been designated as an HPA except as necessary for:

That interference with the natural transport of sand will be minimized; and

That disturbance will be avoided to historic areas of waterfowl staging and concentration or other HPAs identified in Article 8.7 of this Part 8.

These facilities may not offer food, fuel, or other goods and services for sale and shall provide adequate and clean sanitary facilities;

The facilities are community-owned and established and operated for the benefit of the residents of a platted and recorded riparian subdivision;

The facilities are associated with a residential development approved by the municipality for the Critical Area and consistent with all state requirements and program requirements for the Critical Area;

Disturbance to the Buffer is the minimum necessary to provide a single point of access to the facilities; and

If community piers, slips, or moorings are provided as part of the new development, private piers in the development are not allowed.

One slip for each 50 feet of shoreline in the subdivision in the IDAs and LDAs and one slip for each 300 feet of shoreline in the subdivision in the RCA; or

A density of slips or piers to platted lots or dwellings within the subdivision in the Critical Area according to the following schedule:

Adequate sanitary facilities exist;

Service facilities are, to the extent possible, located outside the Buffer;

Permeable surfaces are used to the extent practicable, if no degradation of groundwater would result;

Disturbance to natural vegetation is minimized; and

Areas for possible recreation, such as nature study, and hunting and trapping, and for education, may be permitted in the Buffer within RCAs if service facilities for these uses are located outside of the Buffer.