(A)   Purpose and intent. The Floodplain District is established to protect human life and health, minimize property damage, encourage appropriate construction practices to minimize future damage, to protect water supply, sanitary sewage disposal, and natural drainage. For purposes of this chapter, and other applicable ordinances, the Floodplain District will be considered to be the most extensive of the following:

      (1)   FEMA Floodplain;

      (2)   Flooding soils; and

      (3)   Wetland areas.

   (B)   Establishing the Floodplain District. The Floodplain District is an overlay to the underlying zoning districts as shown on the zoning map. The provisions of the Floodplain District are supplementary to the regulations of the underlying zoning district. Where there is any conflict between the provisions or requirements of the Floodplain District and those of any underlying district, the more restrictive provisions pertaining to the Floodplain District will apply.

      (1)   The Zoning Administrator shall establish a Floodplain District and an official map. The Floodplain District will be considered to be the most extensive of the following: FEMA floodplain, flooding soils, and wetlands. The Zoning Administrator may also utilize available historic data in determining the limits of the Floodplain District, including without limitation photographs and high water elevations.

      (2)   Within the FEMA floodplain, the source of this delineation shall be at a minimum the most recent effective Flood Insurance Study and Digital Flood Insurance Rate Map (D-FIRM) for Frederick County, prepared by the Federal Emergency Management Agency, as amended.

      (3)   The FEMA floodplain is established with emphasis on the 100-year flood elevation where defined rather than the area graphically delineated on the official floodplain maps. Where map boundaries and elevations disagree, elevations prevail, with no approval from FEMA required.

      (4)   The delineation of the FEMA floodplain may be revised, amended and modified by the Zoning Administrator in compliance with the National Flood Insurance Program (NFIP) and the Maryland Department of the Environment, when:

         (a)   There are changes through natural or other causes to flood elevations and boundaries; or

         (b)   Changes are indicated by detailed hydrologic and hydraulic information and studies.

         (c)   As soon as practicable, but not later than 6 months after the date such information becomes available, the Zoning Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical and scientific data in accordance with 44 CFR part 65. All such changes shall be subject to the review and prior approval of the Federal Emergency Management Agency and the Maryland Department of the Environment.

      (5)   The location and limits of flooding soils are determined by the Soil Survey of Frederick County and Web Soil Survey, as amended.

      (6)   The location and limits of wetlands are determined by the Maryland Department of the Environment Wetland and Waterways Program.

      (7)   Any dispute of the FEMA floodplain shall be appealed to Federal Emergency Management Agency through the Zoning Administrator. Disputes regarding wetlands shall be appealed to the Maryland Department of the Environment.

      (1)   The Floodplain Administrator may delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees.

      (2)   The Floodplain Administrator will review permits to assure sites are reasonably safe from flooding for new construction and substantial improvements in flood prone areas. Where BFE data are utilized, the Floodplain Administrator will obtain and maintain records of lowest floor and floodproofing elevations for new construction and substantial improvements.

      (3)   The County may enter into written agreements or contracts with other political subdivisions of the State of Maryland or a private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity will not relieve the County of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations (CFR).

      (1)   Larger floods can and will occur, and flood heights may be increased by man-made or natural causes. Compliance with these regulations does not mean that land outside of the special flood hazard areas or uses that are permitted within such areas will be free from flooding or flood damage.

      (2)   These floodplain regulations do not create liability on the part of Frederick County, any officer or employee thereof, the Maryland Department of the Environment (MDE) or the Federal Emergency Management Agency (FEMA), for any flood damage that results from reliance on these floodplain regulations or any administrative decision lawfully made hereunder.

(Ord. 92-04-039, 2-13-1992; Ord. 07-29-469, 9-4-2007; Ord. 08-26-502, 10-14-2008; Ord. 10-31-566, 12-21-2010; Ord. 14-23-678, 11-13-2014; Bill No. 23-08, 5-23-2023)

   (A)   General.

      (1)   A permit is required for all development within the FEMA floodplain, flooding soils, and wetlands. It shall be granted only after all necessary permit applications are approved by Federal, State, and County agencies.

      (2)   The issuance of any permits by the State of Maryland or Corps of Engineers does not permit development within the Floodplain District except in conformity with provisions of this chapter.

      (3)   The Zoning Administrator may use tax assessment records to determine substantial improvement when an improvement is proposed to an existing structure. Substantial improvement will be calculated on a cumulative basis.

      (4)   Any substantial improvement or replacement approved shall be in conformance with the requirements of the permit program of the Maryland Department of the Environment and the U.S. Army Corps of Engineers.

      (5)   Within the FEMA floodplain, substantial improvements, substantial improvements due to existing structures substantial damage, replacement or relocated dwelling units (including manufactured homes), the addition of accessory buildings, the expansion or replacement of an existing nonconforming use, or development of an existing parcel of record lying totally within the FEMA floodplain, require approval by the Board of Appeals (§ 1-19-9.120 (A)).

      (6)   Within a danger reach area, the replacement of dwelling units (including manufactured homes) damaged by flood, the substantial improvement of habitable area within existing structures, the addition of habitable area to an existing structure, or development of an existing parcel of record lying partially within a danger reach area require approval by the Board of Appeals (§ 1-19-9.220(A)).

   (B)   Land development.

      (2)   Watershed Management Plans. All substantial improvements, replacements or other developments within the FEMA floodplain shall be consistent with watershed management plans where such plans exist. Structures slated for acquisition under future flood hazard management projects may not be improved or replaced.

      (3)   Floodplain and stream setbacks. A minimum setback of 25 feet shall be provided from all Floodplain district boundaries, except as otherwise approved through the mitigation process described in § 1-19-9.110(B)(7), or a minimum setback of 50 feet shall be provided from the bank of any perennial or intermittent stream, whichever is greater. In any area designated as a special flood hazard area, the setback must be 100 feet from the top of bank of a watercourse. All setback areas shall be maintained or planted with natural vegetation.

      (4)   Subdivisions and site plans. All new subdivisions or site plans shall have stream setbacks as well as the 100-year floodplain and floodway delineations and elevations, as reflected on Frederick County's Flood Insurance Study and Digital FIRM published by FEMA clearly shown and certified by a registered professional engineer, registered professional land surveyor, or registered property line surveyor. The plan shall demonstrate that development will avoid the FEMA floodplain. No new lots shall be created unless they have adequate buildable area outside of designated FEMA floodplain areas.

      (5)   Approximate FEMA floodplain. For development proposed in the approximate floodplain Zone A (no water surface elevations or floodway data provided), the applicant must use the best available information to determine the elevation of the 100-year flood and the extent of the floodway, and must delineate these on the site plan submitted for approval. For new subdivisions, the applicant must have the 100-year flood elevations certified by a registered professional engineer based on hydrologic and hydraulic analyses which include a floodway analysis. For individual lot development if no data are available, methods described in FEMA Publication #265 "Managing Floodplain Development in Approximate Zone A Areas" should be used to determine the 100-year flood elevation at the site.

      (6)   Floodway restrictions. No new development shall be permitted in the floodway except as provided in § 1-19-9.110(D).

      (7)   Flooding soils. No new development shall be permitted in areas of flooding soils unless approved through a mitigation process including the following:

         (a)   Submission by the applicant of a geotechnical report and soils report prepared by a registered professional engineer in the State of Maryland and a soil scientist with full membership in a State Soils Professional Organization or that meets certification requirements. The report shall address soil characteristics to include flooding frequency, duration, and surface water depth.

         (b)   Determination of buildable areas by the Community Development Division.

         (c)   Submission by the applicant of a mitigation plan for approval by the Community Development Division. The mitigation plan shall include such factors as:

            1.   Retention pond releasing at predevelopment rates to include capacity for temporary inundation as determined in § 1-19-9.110 (B)(7)(a).

            2.   Use of techniques to reduce off-site runoff and ensure adequate groundwater recharge.

   (C)   Building standards. Development within the FEMA floodplain shall meet the standards as provided in subsection 1 through 5 below. Replacement or relocated dwelling units (including manufactured homes) or substantial improvements due to existing structures substantial damage or addition of accessory buildings will not be permitted without the approval of the Board of Appeals and then only if the lowest floor is elevated 1 foot above the elevation of the 100 year flood and the dwelling or improvement is placed on a permanent foundation or securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement.

      (1)   Elevation.

         (a)   The elevation of the lowest floor (see definition of "lowest floor") of all substantially improved or replaced structures shall be at least 1 foot above the elevation of the 100 year flood. Basements are prohibited.

         (b)   All applicants shall agree in writing to provide an elevation certificate completed by a registered professional engineer or surveyor to certify the lowest floor (as built) of any structure is elevated above the 100-year flood. An Elevation Certificate must be submitted before a Zoning Certificate may be approved.

      (2)   Enclosures below lowest floor. The relocation or substantial improvements to existing structures or the addition of accessory structures containing fully enclosed areas below the lowest floor (including, but not limited to crawl spaces, solid footings and continuous foundations) shall be designed to meet or exceed the following minimum criteria:

         (a)   A minimum of 2 openings having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided.

         (b)   The bottom of all openings shall be no higher than 1 foot above grade.

         (c)   Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

      (3)   Anchoring. All structures shall be firmly anchored in accordance with acceptable engineering practices to prevent flotation, collapse, and lateral movement during flooding. All large pipes and storage tanks located below the Flood Protection Elevation shall be firmly anchored to prevent flotation.

      (4)   Utilities.

         (a)   Electric: All electric utilities to the building side of the meter, both interior and exterior to the building, must comply with all requirements of this chapter. Distribution panel boxes must be at least 2 feet above the Flood Protection Elevation. All outlets and electrical installations, such as heat pumps, air conditioners, water heaters, furnaces, generators, distribution systems, including duct work, must be installed at or above the Flood Protection Elevation. Replacement HVAC equipment shall be elevated to the Flood Protection Elevation unless proven to be impractical.

         (b)   Plumbing: Toilets, sinks, showers, water heaters, pressure tanks, furnaces, and other permanent plumbing installations must be installed at or above the Flood Protection Elevation.

         (c)   Gas: Gas meters and gas appliances must be installed at or above the Flood Protection Elevation.

         (d)   Fuel tanks: All gas (propane) tanks installed in the floodplain are required to be anchored to prevent flotation in accordance with the National Fire Protection Association Code 58. All tanks installed in floodplain areas shall be either elevated or adequately anchored to prevent flotation up to the Flood Protection Elevation. All fuel oil storage tanks installed in the floodplain must be either elevated or securely anchored to prevent flotation up to the Flood Protection Elevation. Vent pipes must extend to or above the Flood Protection Elevation and fill caps below the Flood Protection Elevation must be screw type with a tight fitting gasket to prevent mixing of water with oil.

         (e)   Water supply and sanitary facilities: Water supply distribution and sanitary disposal collection systems must be designed to minimize or eliminate the infiltration of flood waters into the systems or discharges from the systems into flood waters and shall be located and constructed so as to minimize or eliminate flood damage. On-site sewage disposal systems shall meet these same standards.

         (a)   Floodproofing for substantial improvement of existing nonresidential buildings may be allowed in nontidal waters of the State.

         (b)   If floodproofing is proposed, structures shall:

            1.   Be designed to be dry floodproofed such that the building or structure is watertight with walls and floors substantially impermeable to the passage of water to the level of the Flood Protection Elevation plus 1.0 foot;

            2.   If located in an area of shallow flooding (Zone AO), be dry floodproofed at least as high above the highest adjacent grade as the depth number specified on the FIRM plus 3 feet, or at least 5 feet if a depth number is not specified;

            3.   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

            4.   Have floodproofing measures that are designed taking into consideration the nature of flood-related hazards; frequency, depth and duration of flooding; rate of rise and fall of floodwater; soil characteristics; flood-borne debris; at least 12 hours of flood warning time from a credible source; and time necessary to implement any measures that require human intervention;

            5.   Have at least one door above the applicable flood elevation that allows human ingress and egress during conditions of flooding;

            6.   Have an operations and maintenance plan that is filed with local emergency management officials and that specifies the owner/occupant's responsibilities to monitor flood potential; the location of any shields, doors, closures, tools, or other goods that are required for implementation; maintenance of such goods; methods of installation; and periodic inspection; and

            7.   Be certified by a licensed professional engineer or licensed architect, through execution of a Floodproofing Certificate that states that the design and methods of construction meet the requirements of this section. The Floodproofing Certificate shall be submitted with the construction drawings as required in § 1-19-9.110 (c)(5).

      (1)   Stake-out inspection, to determine location on the site relative to the flood hazard area and designated floodway.

      (2)   Foundation inspection, upon placement of the lowest floor and prior to further vertical construction, to collect information or certification of the elevation of the lowest floor.

      (3)   Inspection of enclosures below the lowest floor, including crawl/underfloor spaces, to determine compliance with applicable provisions.

      (4)   Utility inspection, upon installation of specified equipment and appliances, to determine appropriate location with respect to the base flood elevation.

      (5)   Final inspection prior to issuance of the certificate of occupancy.

(Ord. 92-04-039, 2-18-1992; Ord. 92-13-048, 7-7-1992; Ord. 93-13-077, 6-1-1993; Ord. 07-29-469, 9-4-2007; Ord. 08-21-497, 8-5-2008; Ord. 08-26-502, 10-14-2008; Ord. 10-31-566, 12-21-2010; Ord. 14-23-678, 11-13-2014; Bill No. 23-08, 5-23-2023)

   (A)   The Board of Appeals shall review the following activities within the FEMA floodplain: substantial improvements, substantial improvements due to existing structures substantial damage, replacement or relocated dwelling units (including manufactured homes), the addition of accessory buildings, the expansion or replacement of an existing nonconforming use, or development of an existing parcel of record lying totally within the FEMA floodplain. Applications to allow new structures or fill to be placed in the floodway shall not be considered. The Board of Appeals may grant an application for approval for activity within the FEMA floodplain when the Board specifically finds that:

      (1)   Failure to grant the application for approval would result in exceptional hardship to the applicant; and

      (2)   The granting of an application for approval would not increase flood heights, add threats to public safety, result in extraordinary public expense, create nuisances, cause fraud or victimization of the public or conflict with existing local laws or ordinances; and

      (3)   The granting of an application for approval would not allow new structures or fill to be placed in the floodway; and

      (4)   The granting of an application for approval is the minimum necessary considering the flood hazard to provide relief and that public funds may not be available to mitigate the results of the approval; and

      (5)   All new structures and substantial improvements to existing structures will have the lowest floor elevated to the greatest extent possible with respect to the 100 year flood elevation, but at least to the Flood Protection Elevation, and a FEMA elevation certificate filed. In addition, all structures, including manufactured homes, must be firmly anchored in accordance with acceptable engineering practices (i.e., FEMA publication 85 "Manufactured Home Installation in Flood Hazard Areas"); and

      (6)   The granting of a permit by the Maryland Department of the Environment if located within a FEMA floodplain; and

      (7)   The action is duly recorded with the deed of the property on which the application for approval is granted prior to the issuance of a building permit. Any expense incurred by the recording is the responsibility of the applicant.

      (8)   The Board of Appeals shall not grant approval of the above activities for lots containing floodplain created after June 6, 1989.

   (B)   The Board of Appeals will notify the applicant of approval in writing through the Zoning Administrator. The decision of approval and findings shall include the notification that:

      (1)   The issuance of a decision to allow construction of a structure below the 100 year flood level will result in increased premium rates for flood insurance;

      (2)   Such construction below the 100 year flood level increases risks to life and property.

   (C)   The Board of Appeals will maintain a record of all decisions, including justification for their issuance, and the Zoning Administrator will report such decisions in the county biennial reports submitted to the Federal Emergency Management Agency.

(Ord. 92-04-039, 2-18-1992; Ord. 07-29-469, 9-4-2007; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   In the event that a proposed development requires the relocation or alteration of a watercourse, evidence shall be presented as part of the permit application that all adjacent communities and the Maryland State NFIP Coordinating Office, Maryland Department of the Environment have been notified by certified mail and have approved of the proposed alteration or relocation. Copies of these notifications shall then be forwarded to the Federal Emergency Management Agency, Federal Insurance Administration. In addition, the developer shall assure the Zoning Administrator, in writing, that the flood-carrying capacity within the altered or relocated portion of the watercourse in question will be maintained.

(Ord. 92-04-039, 2-18-1992; Ord. 07-29-469, 9-4-2007; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   A danger reach area shall be defined as the Lake Merle Danger Reach Area as specified in the Greenhorn & O'Mara study dated 1995 and approved by the Maryland Department of the Environment on May 8, 1995.

(Ord. 96-02-154, 2-6-1996; Ord. 07-29-469, 9-4-2007; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (A)   Except as provided for herein, within the danger reach area, no land development or fill or excavation operations in conjunction with land development including parking lots impervious to water will be permitted which will increase the flood elevation or expand the danger reach area.

   (B)   No new lots shall be created which are encumbered by the danger reach area, unless sufficient building area is available outside the danger reach area.

   (C)   For all new construction a minimum horizontal setback of 10 feet or a vertical setback of plus 5 feet shall be provided from all danger reach area boundaries and shall be maintained or planted with natural vegetation, unless a variance is obtained from the Board of Appeals.

   (D)   All new subdivisions or site plans shall have danger reach area boundaries delineated and certified by a registered professional engineer, registered professional land surveyor or registered property line surveyor, where applicable.

   (E)   The above requirements do not prohibit the placement or repair of road or driveway crossings, water impoundments for stormwater management, retention areas, agricultural activities, public utility lines, environmental mitigation projects, or other minor wetland fill activities (less than 5,000 square feet of wetland impact) within designated danger reach areas. The owner must obtain all federal, state and local permits required for these activities.

(Ord. 96-02-154, 2-6-1996; Ord. 07-29-469, 9-4-2007; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (A)   Within the danger reach area the Board of Appeals may grant an application for approval for the replacement of dwelling units (including manufactured homes) damaged by flood, the substantial improvement of habitable area within existing structures, the addition of habitable area to an existing structure, or development of an existing parcel of record lying partially within a danger reach area. The Board of Appeals may grant an application for approval for activity within a danger reach area when the Board specifically finds that:

      (1)   Failure to grant the variance would result in exceptional hardship to the applicant; and

      (2)   The granting of an application for approval would not increase flood heights, expand the danger reach area, or threaten public safety; and

      (3)   The granting of an application for approval is necessary considering the flood hazard to provide relief; and

      (4)   All new structures and substantial improvements to existing structures will have the lowest floor elevated to the greatest extent possible with respect to the danger reach elevation and an elevation certificate is filed with the Zoning Administrator; and

      (5)   A waterway construction permit, or other approval, by the Maryland Department of the Environment if improvements are to be located within an area subject to state regulatory authority; and

      (6)   If any portion of the improvement is within the danger reach area, the action shall be recorded with the deed to the property on which an application for approval is granted prior to the issuance of a building permit. Any expense incurred by the recording is the responsibility of the applicant.

   (B)   The Board of Appeals may approve within the danger reach area the substantial improvement of habitable area within existing structures or the addition of habitable area to an existing structure or permit development of an existing parcel of record lying partially within a danger reach area if:

      (1)   The (lowest) habitable floor is elevated at least 1 foot above the elevation of the danger reach area and the dwelling or improvement is placed on a permanent foundation system to resist flotation, collapse or lateral movement; and

      (2)   The relocation or substantial improvements to existing structures or the addition of accessory structures containing fully enclosed areas below the lowest floor (including, but not limited to crawl spaces, solid footings and continuous foundations) shall be designed to meet or exceed the following minimum criteria:

         (a)   A minimum of 2 openings having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided.

         (b)   The bottom of all openings shall be no higher than 1 foot above grade.

         (c)   Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

   (C)   The Board of Appeals will notify the applicant of approval in writing through the Zoning Administrator. The decision of approval and findings shall include the notification that:

      (1)   The issuance of a decision to allow construction of a structure within the danger reach area may result in increased premium rates for insurance;

      (2)   Such construction in the danger reach area may increase risks to life and property.

   (D)   The Board of Appeals shall not grant approval to build within the danger reach area for lots created after the enactment of these provisions.

   (E)   With respect to existing lots affected by the danger reach area, the Zoning Administrator may, by the issuance of a zoning certificate, approve the following:

      (1)   The location on a lot of open shelters, pole-type structures (open on all sides and without walls), open fences and recreational uses, and recreational equipment which are not contained in a building, provided that the type of construction will not increase the flood elevation or expand the danger reach area;

      (2)   The replacement of a habitable structure or portion thereof damaged or destroyed other than by flooding;

      (3)   The expansion of a structure to add nonhabitable improvements, including, but not limited to, porches, decks, patios, etc., when such improvements will be located within the danger reach area, provided that the construction will not increase the flood elevation or expand the danger reach area;

      (4)   The expansion of a structure to create additional habitable areas, provided that the additional habitable area does not fall within the danger reach area.

(Ord. 96-02-154, 2-6-1996; Ord. 07-29-469, 9-4-2007; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (A)   (1)   No zoning certificate or building permit shall be issued for construction of a residential structure with a basement if proposed on or within 100 feet of "wet soils" until a soils delineation report is prepared by a licensed soils scientist or professional engineer registered in the State of Maryland. The soils report shall be submitted for review prior to the Zoning Administrator's approval of the certificate or permit unless such a report was completed at an earlier stage of the development review process.

      (2)   If a residential structure(s) with a basement(s) is proposed within "wet soils," the developer must:

         (a)   Perform one of the following:

            1.   Construct a gravity drainage system in accordance with the BOCA Code; or

            2.   Utilize another similar solution acceptable to the permits office; or

            3.   Submit a geotechnical report by a registered professional engineer in the State of Maryland; and

      (b)   Place a note on the plat requiring that all construction shall be in conformance with the approved solution.

(Ord. 77-1-78, § 40-31, 1-24-1977; Ord. 78-12-110, § 2, 5-29-1978; Ord. 96-17-169, 8-6-1996; Ord. 08-26-502, 10-14-2008; Ord. 10-31-566, 12-21-2010; Ord. 14-23-678, 11-13-2014)

   A parcel, lot, or tract of land submitted to Frederick County for subdivision or resubdivision review and approval shall be subject to the following waterbody buffer requirements. The requirements in this section shall not apply to existing structures.

   (A)   All subdivision plans shall have waterbody buffers clearly shown and certified by a professional engineer, registered professional land surveyor, or registered property line surveyor. To meet the requirements of this section, applicants shall use best available data.

   (B)   All waterbody buffer areas shall be maintained in a natural vegetative state unless otherwise utilized for reforestation or afforestation to satisfy forest resource ordinance obligations or for environmental enhancement projects administered or approved by federal, state, or local government agencies.

   (C)   Waterbody buffer widths shall be determined in accordance with the requirements described below and shall apply to each side of a waterbody. As used herein, the term "moderate slope" means a slope with a gradient of 15% to less than 25%; and the term "steep slope" means a slope with a gradient of 25% or greater.

      (1)   The waterbody buffer width shall be derived by calculating the gradient of the slope within a 175-foot cross-section on each side of a waterbody, drawn perpendicular to the direction of water flow. Cross-sectional measurements shall be taken every 50 feet along the bank(s) of the waterbody.

      (2)   The minimum waterbody buffer shall be 100 feet.

      (3)   Except as provided in subsection (C)(4) below, if 60% or more of the 175-foot cross-section includes moderate (15% to less than 25%) slopes, then the waterbody buffer shall be increased to 150 feet for that side of the waterbody.

      (4)   If the toe and the crest of a moderate (15% to less than 25%) slope and the adjoining backslope are located within the 175-foot cross-section, the waterbody buffer will extend to the crest of the moderate (15% to less than 25%) slope, or 100 feet, whichever is greater, for that side of the waterbody.

      (5)   Waterbody buffer widths may be greater than those provided herein if floodplain and wetlands extend beyond the waterbody buffer area.

      (6)   Except as provided in subsections (C)(7) or (C)(8) below, if 60% or more of the 175-foot cross-section includes steep (25% or greater) slopes, then the waterbody buffer shall be increased to 175 feet, for that side of the waterbody.

      (7)   Within the Linganore Watershed Protection Area only, if the 175-foot cross-section includes a steep (25% or greater) slope and the steep slope extends beyond 175 feet, the waterbody buffer shall be extended to include the entire steep slope area(s) for that side of the waterbody.

      (8)   If the toe and the crest of a steep (25% or greater) slope and the adjoining backslope are located within the 175-foot cross-section, the waterbody buffer will extend to the crest of the steep slope, or 100 feet, whichever is greater, for that side of the waterbody.

   (D)   No buildings, structures, or impervious surfaces, and no activities requiring clearing or grading over 5,000 square feet will be permitted in waterbody buffers, except for stormwater management facilities, structures and appurtenant conveyances; environmental restoration or mitigation projects; utilities; public and private roads; driveways; bikeways, and trails. Utilities, public and private roads, and driveways must meet the requirements of subsection (F) below or qualify for the exemption in subsection (G) below in order to be located within the waterbody buffer.

   (E)   Sewage disposal systems, including but not limited to septic tanks and their associated piping, drainfields, septic reserve areas or sand mound systems, receiving approval after August 15, 2008 shall be located outside the waterbody buffer area. If Frederick County Health Department-administered percolation tests outside the waterbody buffer fail and the applicant can demonstrate that an alternative location outside the waterbody buffer is not feasible, the Frederick County Health Department may approve a sewage disposal system within the waterbody buffer area provided all Code of Maryland regulations are met.

   (F)   (1)   Public and private roads, driveways, and utilities may be permitted in the waterbody buffer only if the applicant has clearly demonstrated that no feasible alternative exists, and that every reasonable effort has been made to locate the public and private roads, driveways, and utilities outside of the buffer area.

      (2)   In order to locate public and private roads, driveways, or utilities in the waterbody buffer, the applicant must submit a justification statement to the appropriate county agency or division, including: (a) an evaluation of at least one alternative location for the requested public and private roads, driveways, and utilities; and (b) the reasons why the alternative location or locations are not feasible.

      (3)   Public and private roads, driveways, and utilities that are allowed in the buffer area must be located to create the least disturbance to existing vegetation, grade, and wetlands.

      (4)   Where feasible, utility easements shall be set back a minimum of 50 feet from all waterbodies or outside wetlands and their buffers, whichever is greater.

      (5)   Utility, bikeway or trail easements or rights-of-way within the waterbody buffer shall be co-located whenever possible.

   (G)   Upgrades, maintenance or repair of existing public and private roads, driveways, utilities, bikeways and trails shall be exempt from the requirements of subsection (F) above.

   (H)   Sediment and erosion control structures or facilities may be allowed as a temporary use in the waterbody buffers. At a minimum, grading must be at least 25 feet from the bank of the waterbody and from any wetlands.

   (I)   Deposition or stockpiling of any material, including excavated rock, topsoil, stumps, shrubs, or any building or construction material, within the designated waterbody buffer is prohibited. However, stockpiling which is necessary to restore an area within a utility easement or temporary sediment control area may be approved by the appropriate county agency or division on a temporary basis.

(Ord. 07-24-464, 7-10-2007; Ord. 07-29-469, 9-4-2007; Ord. 08-21-497, 8-5-2008; Ord. 08-26-502, 10-14-2008; Ord. 13-23-651, 10-31-2013; Ord. 14-23-678, 11-13-2014; Bill No. 15-12, 12-1-2015; Bill No. 20-14, 9-15-2020)