Hampstead City Zoning Code
ARTICLE XVI
Resource Protection Overlay Zone
§ 135-151 Purpose.
A.
The purpose of the Resource Protection Overlay Zone is to provide for the protection and conservation of endangered and threatened animal species and wildlife and fisheries habitat by preventing development that would disrupt significant species and/or habitat and ensuring the design of nearby development is done in such a manner as not to degrade significant species and/or habitat.
B.
Of principal concern is the identified habitat area for the state and federally listed bog turtle. With regard to the bog turtle, the goal of this article is to protect, maintain, restore and improve the hydrological and ecological conditions of the wetlands in which the bog turtle lives. The hydrology of the bog turtle habitat is sustained by groundwater and surface water flows. This article is designed to regulate future land use within the wetlands’ watershed to prevent negative hydrologic impacts to the bog turtle habitat and to identify and preserve migratory corridors for the species. This article also delineates areas where development may occur in compliance with performance standards and where such development does not materially harm the bog turtle or its habitat.
§ 135-152 Delineation of Overlay Zone.
A.
The Resource Protection Overlay Zone applies to any area mapped by the Maryland Department of Environment, Maryland Department of Natural Resources or United States Fish and Wildlife Service as habitat for any species appearing on the official state or federal list of endangered or threatened species. The Resource Protection Overlay Zone shall include a minimum buffer area of 300 feet around any defined habitat area. In the case of the bog turtle species, the Overlay Zone shall extend to the limits of the topographic surface watershed of the identified bog turtle habitat as delineated in the Bog Turtle Resource Protection Overlay Zone Map kept on file in the Hampstead Town Offices.
B.
The Overlay Zone is subdivided into four separate zones as follows:
(1)
Zone 1. This zone is defined as the wetlands which the bog turtle is known to inhabit, and those wetlands they are likely to inhabit as shown on the “Bog Turtle Resource Protection Overlay Zone Map.” The specific boundary of Zone 1 is defined in the field by determining the wetland boundary using the 1987 Corps of Engineers Wetland identification and Delineation Manual.
(2)
Zone 2. This zone is defined as a three-hundred-foot zone measured horizontally from the Zone 1 boundary or the topographic boundary of the watershed, whichever is less.
(3)
Zone 3. This zone includes the channel of all tributaries flowing into the Zone I wetlands, including intermittent streams as shown on the Bog Turtle Resource Protection Overlay Zone Map, located outside of Zones 1 and 2. Zone 3 also includes a one-hundred-fifty-foot buffer zone measured horizontally from the top of all perennial stream channel banks and in all directions from the headwaters of such tributaries or to the topographic boundary of the watershed, whichever is less and a one-hundred-foot buffer zone measured horizontally from the top of all intermittent stream channel banks and in all directions from the headwaters of such tributaries or to the topographic boundary of the watershed, whichever is less. Zone 3 also includes all vegetated wetlands located in the watershed but not in Zone 1 or 2. The specific boundaries of these wetlands are defined in the field by determining the wetland boundary using the 1987 Corps of Engineers Wetland Identification and Delineation Manual.
(4)
Zone 4. This zone is defined as those portions of the topographic surface watershed which are not included in Zones 1, 2 or 3. Within Zone 4, surface and groundwater are presumed to flow into the identified bog turtle habitat.
§ 135-153 Application to other zoning districts.
The Resource Protection Overlay Zone shall overlay the existing zoning districts created by the Zoning Ordinance and its terms and conditions shall supersede any requirements of said underlying districts, unless the underlying requirements are more restrictive than those set forth here, in which case the more restrictive shall govern.
§ 135-154 Compliance with natural resource management plans.
Any permitted or exceptional uses within the Resource Protection Overlay Zone shall comply with all adopted federal, state or local natural resource management plans.
§ 135-155 Requirement for exceptional use permit.
All new structures and changes of use extending into the Resource Protection Overlay Zone shall require an exceptional use permit except as otherwise permitted in this chapter. If an exceptional use permit is required, the Planning and Zoning Commission shall not approve any preliminary or final subdivision, site plan or change of use for any property that extends into a Resource Protection Overlay Zone until such permit has been granted.
§ 135-156 Process for exceptional use permit.
A.
Upon the approval of a concept subdivision or site plan where the area of disturbance or where any change of use extends into Zones 1, 2 or 3, the Planning and Zoning Commission shall begin a formal review of the probable effects of the proposed structure or change in use on significant habitat and species. In determining whether an adverse impact will occur, the Planning and Zoning Commission shall consult with representatives of the Maryland Department of Environment, Maryland Department of Natural Resources and United States Fish and Wildlife Service and any other such agencies as deemed appropriate by the Commission.
B.
Where a new structure or change of use is proposed within Zone 4 the Planning and Zoning Commission may require an exceptional use permit.
(1)
In determining whether an exceptional use permit shall be required, the Commission shall consider:
(a)
The size, intensity and type of proposed new structures or changes in use including the amount of impervious surface.
(b)
The cumulative effect of new structures or changes in use within the Overlay Zone.
(c)
Specific elements of proposed new structures or changes in use which present a risk to surface or groundwater including but not limited to storage and/or use of hazardous materials, fuels, volatile organic compounds or other such materials.
(d)
The ability of stormwater best management practices as described in § 135-157 to mitigate the hydrological impact from proposed new structures or changes in use.[1]
[1]
Editor’s Note: Former Subsection B(1)(e), regarding comments from various government agencies, which immediately followed this subsection, was repealed 2-11-2014 by Ord. No. 503.
C.
Biological survey.
(1)
As part of the preliminary subdivision or site plan process or change of use, the Commission shall require a biological survey. The survey shall be prepared by a qualified biologist approved by the Commission. Report preparation shall be at the applicant’s expense. The biological survey shall contain the following elements:
(a)
A location map and site plan showing topography and all existing and proposed structures and roads, and the proposed project site or sites;
(b)
The method of survey;
(c)
A review and incorporation of any existing biological assessment or survey.
(d)
A map of the environmentally sensitive species and/or habitat.
(e)
A description and assessment of potential impacts of the proposed development on the species and/or habitat;
(f)
A recommendation of mitigation measures which will reduce those impacts;
(g)
A recommendation of whether the Commission should find that the concept subdivision, site plan or change of use as submitted will result in a material adverse impact to the habitat or species for which the Resource Protection Overlay Zone was established.
(h)
If mitigation measures are recommended, an assessment of whether such mitigation measures will reduce the impact from the proposed subdivision, site plan or change of use to a level where the impact on the species or habitat is not materially adverse.
(2)
The biological survey will be submitted to the Commission within 90 days of submission of the preliminary site, subdivision plan or change of use. Copies of the biological survey and the preliminary site or subdivision plan shall be provided to the Maryland Department of Environment, Maryland Department of Natural Resources and United States Fish and Wildlife Service and any other such agencies as deemed appropriate by the Commission to allow for comment. Within not less than 45 days or not more than 90 days of the issuance of the biological survey, the Commission shall convene a meeting to allow public comment on the biological survey and to approve or deny the exceptional use permit. All consulted agencies shall receive written notice of the meeting and the meeting shall be advertised at least once in a newspaper of general circulation for the area.
D.
An exceptional use permit may be granted by the Commission only where the Commission finds that the probable effect of the new structure or change in use will not result in a material adverse impact on the habitat or species for which the Resource Protection Overlay Zone was established. The Commission shall consider making compliance with any recommendations made by commenting agencies and/or any recommendation found in the biological survey a condition of approval for any site plan, subdivision or change of use.
§ 135-157 Performance standards.
A.
In considering approval of an exceptional use permit, the Commission shall consider the following general performance standards:
(1)
Removal of indigenous vegetation and land disturbance, such as grading, excavation, paving, and fill, in or within the Overlay Zone shall be limited to that necessary for the structural improvements and access. Modifications to the proposal shall be made for siting, location, design, bulk, vegetation removal, and grading where such modifications are necessary to prevent a materially adverse impact on the species and/or habitat.
(2)
Where feasible, the development will use native species consistent with and found in the Overlay Zone.
(3)
Any commercial or industrial development within the Overlay Zone will require an integrated pest management plan minimizing the use of herbicides and pesticides.
B.
The following specific performance standards shall apply to the zones within the Overlay Zone:
(1)
No work shall be allowed in Zone 1 that will result in any short-term or long-term adverse impacts to the local population of the bog turtle.
(2)
No work shall be allowed in Zone 2 that will result in any short-term or long-term adverse impacts to the local population of the bog turtle. Work within Zone 2 should be generally limited to those specific activities which are part of a bog turtle management, habitat enhancement or restoration plan with following additions:
(a)
Normal maintenance of land in commercial agriculture without enlargement as to the geographic extent of the commercial agricultural activity.
(b)
Commercial agriculture use when directly related to the production or raising of agricultural commodities, provided such work is done:
(c)
Maintenance and repair of existing fencing.
(d)
Keeping of livestock and management of beehives.
(e)
Restoration and management of riparian zone vegetation and stream channel restoration projects.
(3)
No work shall be allowed in Zone 3 that results in any long-term adverse impacts to the local population of the bog turtle. Work within Zone 3 should be generally limited to those activities allowed in Zone 2 with the following additions:
(4)
The watershed area of Zone 4 is significant in protecting and enhancing groundwater quantity and quality, surface water quantity and quality, and flood control. To provide and protect for these interests, no work shall be allowed in Zone 4 that does not provide adequate stormwater management practices through the use of the following best management practices:
(a)
There will be no increase in peak discharge for the one-year, two-year or ten-year storm event.
(b)
Infiltration/recharge of stormwater shall be emphasized as the primary best management practice.
(c)
Ninety percent of the stormwater occurring from any new impervious surface must be infiltrated/recharged.
(d)
Areas that remain pervious shall be stabilized with vegetation. Native species found in the Overlay Zone shall be used for vegetative stabilization where feasible.
(e)
Cuts or trenches that extend below the seasonal high groundwater elevation shall be analyzed with respect to their impact on groundwater flows.
§ 135-158 Violations, remedies and penalties.
A.
The Commission, Council, or any owner or occupant of neighboring property may institute injunction, mandamus or other appropriate action or proceeding to prevent or terminate any violation of this article, and the Circuit Court of Carroll County is hereby granted jurisdiction to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.
B.
Any violation of this article may be also be prosecuted as a municipal infraction subject to a fine of $1,000 for each violation. Each day such a violation is found to exist shall be deemed a separate offense subject to cumulative fines and other penalties. The remedies provided for in this section are cumulative and not exclusive and shall be in addition to any other remedies provided by the law.