Chapter 61

CRITICAL AREAS

[HISTORY: Adopted by the Mayor and Council of the Town of Chestertown 1-16-1989 as Ord. No. 6-88. Amendments noted where applicable.]

GENERAL REFERENCES

Floodplain management -- See Ch. 81.

Grading and sediment control -- See Ch. 88.

Historic area zoning -- See Ch. 93.

Stormwater management -- See Ch. 142.

Subdivision of land -- See Ch. 148.

Zoning -- See Ch. 170.

ARTICLE I

General Provisions

~ 61-1. Short title.

This chapter shall be known as the "Critical Area Ordinance for Chestertown, Maryland."

~ 61-2. Applicability of provisions.

The geographic area for which the following district regulations apply shall include all tidal wetlands and those lands within one thousand (1,000) feet of the landward boundaries of all tidal waters, tidal wetlands and tidal tributaries, as designated on the Chestertown Critical Area Overlay District Map.

~ 61-3. Purpose.

The purpose of the Critical Area Overlay District is to implement special zoning regulations and measures designed to protect and enhance water quality and habitat resources located within Chestertown's critical area. The intent of this district is to provide special regulatory protection for the resources located within the critical area and to foster more sensitive development activity in shoreline areas and to minimize adverse impacts to water quality and natural habitat.

~ 61-4. Compliance with regulations required.

No building or land shall hereafter be used and no building or part thereof shall be erected, reconstructed, converted, enlarged, moved or structurally altered unless it is in conformity with the regulations as set forth in this chapter.

~ 61-5. Compliance with grading and sediment control provisions required.

Nothing contained in this chapter shall be construed as relieving any person, firm or corporation from compliance with the provisions of the Chestertown Sediment Control Ordinance.

~ 61-6. Compliance with historic area zoning regulations required.

Nothing contained in this chapter shall be construed as relieving any person, firm or corporation from compliance with the provisions of the Chestertown Historic Area Zoning Ordinance.

~ 61-7. Compliance with zoning regulations required.

Nothing contained in this chapter shall be construed as relieving any person, firm or corporation from compliance with the provisions of the Chestertown Zoning Ordinance.

~ 61-8. Compliance with subdivision regulations required.

Nothing contained in this chapter shall be construed as relieving any person, firm or corporation from compliance with the provisions of the Chestertown Subdivision Ordinance.

ARTICLE II

Board of Appeals, Special Exception

and Variance Approvals

~ 61-9. Variances in the critical area.

A variance from the requirements of the Critical Area Zone shall be allowed only if the following conditions are met:

A. Circumstances peculiar to the land or structure identified. The town must find that special conditions or circumstances exist that are peculiar to the land or structure involved and that a literal enforcement of provisions within the critical area program would result in unwarranted hardship.

B. Rights commonly enjoyed by others in similar areas to be protected. The Board of Appeals should determine that a literal interpretation of the critical area program and related zone would deprive the applicant of rights commonly enjoyed by other properties in similar areas within the critical area of Chestertown.

C. Special privilege not allowed. The granting of a variance will not confer upon the applicant any special privilege that would be denied by the critical area program to other lands or structures within the critical area.

D. Request not based on conditions caused by the applicant. The variance request may not be based upon conditions or circumstances which are the result of actions by the applicant, nor may the request arise from any condition relating to land or building use, either permitted or nonconforming, on any neighboring property.

E. Compliance with the intent of the Critical Area Law established. The granting of a variance will not adversely affect water quality or adversely impact fish, wildlife or plant habitat within Chestertown's critical area, and the granting of the variance is in harmony with the general spirit and intent of the Critical Area Law and all regulations adopted in compliance therewith.

F. Applications. Any application for a variance will be made to the town, and copies will be made available to the Critical Area Commission.

~ 61-10. (Reserved)

ARTICLE III

Administrative Provisions; Enforcement

~ 61-11. Changes and amendments generally.

A. Amendments generally. The Town Council may from time to time amend the provisions of this chapter, amend the land use management classification of properties in the Critical Area District or amend the Critical Area District boundaries. All such amendments shall be approved by the Maryland Chesapeake Bay Critical Area Commission.

B. Amendment procedures.

(1) Proposed amendments to this chapter may only be initiated by the Planning Commission or the Town Council.

(2) Amendments involving specific properties shall first be submitted to the Planning Commission.

(3) For all proposed amendments, the Planning Commission shall first hold a public hearing related thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time, place and nature of the hearing shall be published in a paper of general circulation in Chestertown, and in the case of a change in the land management classification of a particular piece of property, said property shall be posted.

(4) The Planning Commission shall then forward any amendments approved by the Town of Chestertown to the Maryland Critical Area Commission.

(5) After receiving the recommendations of the Planning Commission and the approval of the Critical Area Commission, the Town Council shall hold a public hearing on the proposed amendments, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time, place and nature of the hearing shall be published in a paper of general circulation in Chestertown, and in the case of a change in the land management classification of a particular piece of property, said property shall be posted.

C. Amendments to the Official Critical Area District Maps. The Town Council may elect to add areas to the Critical Area District at any time. Additions or deletions of areas from the Critical Area District shall be processed as amendments to the Critical Area District per this section. The Town Council may amend the Critical Area District boundary to delete areas of the town from the Critical Area District when it can be demonstrated that the critical area, as mapped on the Official Critical Area District Maps, is incorrectly drawn. Evidence sufficient to warrant a determination of a mistakenly drawn critical area boundary line shall be based on, or substantiated by either:

(1) The Official State Wetlands Maps;

(2) The amended Official State Wetlands Maps adopted by the State of Maryland; or

(3) The written concurrence of the State of Maryland that the Official State Wetlands Map is incorrect.

D. Changes in the land use management classification without program amendment. When proposing a change of land use management classification, i.e., intensely developed area (IDA), limited development area (LDA) or resource conservation area (RCA), the Town Council shall not approve amendments unless it is found that there was a mistake in the original classification.

E. Program amendment. The Town of Chestertown may propose amendments to the program at any time, including amendments to the Zoning Map. Any amendments so proposed shall be approved by the Critical Area Commission.

~ 61-12. Enforcement officer designated.

A. Powers and duties of enforcement officer. It shall be the duty of the Town Manager to enforce the provisions of this chapter and to refuse to issue any permit for any building or for the use of any premises which would violate any of the provisions of said chapter. It shall also be the duty of all officers and employees of the town to assist the enforcing officer by reporting to him any seeming violations in new construction or reconstruction or in the use of land or buildings.

B. Violations. In case any building is erected, constructed, reconstructed, altered, repaired or converted or any building or land is used in violation of this chapter, the Administrator is authorized and directed to institute any appropriate action to put an end to such violation.

ARTICLE IV

Definitions

~ 61-13. Terms defined.

As used in this chapter, the following terms shall have the meanings indicated:

AFFORESTATION -- The establishment of a tree crop on an area from which it has always or very long been absent, or the planting of open areas which are not presently in forest cover.

AGRICULTURAL EASEMENT -- A nonpossessory interest in land which restricts the conversion of use of the land by preventing nonagricultural uses.

AGRICULTURE -- All methods of production and management of livestock, crops, vegetation and soil. This includes but is not limited to the related activities of tillage, fertilization, pest control, harvesting and marketing. It also includes but is not limited to feeding, housing and maintaining of animals, such as cattle, dairy cows, sheep, goats, hogs, horses and poultry and handling their by-products.

ANADROMOUS FISH -- Fish that travel upstream (from their primary habitat in the ocean) to fresh waters in order to spawn.

AQUACULTURE -- The farming or culturing of finfish, shellfish or other aquatic plants or animals, or both, in lakes, streams, inlets, estuaries and other natural or artificial water bodies or impoundments. Activities include the hatching, cultivating, planting, feeding, raising and harvesting of aquatic plants and animals and the maintenance and construction of necessary equipment, buildings and growing areas. Cultivation methods include but are not limited to seed or larvae development and grow-out facilities, fish pens, shellfish rafts, racks and longlines, seaweed floats and the culture of clams and oysters on tidelands and subtidal areas. For the purpose of this definition, related activities such as wholesale and retail sales, processing and product storage facilities are not considered "aquaculture" practices.

BARREN LAND -- Unmanaged land having sparse vegetation.

BEST MANAGEMENT PRACTICES (BMP's) -- Conservation practices or systems of practices and management measures that control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxins and sediment. Agricultural "BMP's" include but are not limited to strip cropping, terracing, contour stripping, grass waterways, animal waste structures, ponds, minimal tillage, grass and naturally vegetated filter strips and proper nutrient application measures.

BUFFER -- A naturally vegetated area or vegetated area established or managed to protect aquatic, wetland, shoreline and terrestrial environments from man-made disturbances.

CLEARCUTTING -- The removal of the entire stand of trees in one (1) cutting with tree reproduction obtained by natural seeding from adjacent stands or from trees that were cut, from advanced regeneration or stump sprouts or from planting of seeds or seedlings by man.

CLUSTER DEVELOPMENT -- A residential development in which dwelling units are concentrated in a selected area or selected areas of the development tract so as to provide natural habitat or other open space uses on the remainder.

COLONIAL NESTING WATER BIRDS -- Herons, egrets, terns and glossy ibis. For purposes of nesting, these birds congregate (that is, "colonize") in relatively few areas, at which time the regional populations of these species are highly susceptible to local disturbances.

COMMERCIAL HARVESTING -- A commercial operation that would alter the existing composition or profile, or both, of a forest, including all commercial cutting operations done by companies and private individuals for economic gain.

COMMISSION -- The Chesapeake Bay Critical Area Commission.

COMMUNITY PIERS -- Boat docking facilities associated with subdivisions and similar residential areas and with condominium, apartment and other multiple-family dwelling units. Private piers are excluded from this definition.

COMPREHENSIVE OR MASTER PLAN -- A compilation of policy statements, goals, standards, maps and pertinent data relative to the past, present and future trends of the local jurisdiction, including but not limited to its population, housing, economics, social patterns, land use, water resources and their use, transportation facilities and public facilities, prepared by or for the Planning Board agency or office.

CONSERVATION EASEMENT -- A nonpossessory interest in land which restricts the manner in which the land may be developed in an effort to reserve natural resources for future use.

COVER CROP -- The establishment of a vegetative cover to protect soils from erosion and to restrict pollutants from entering the waterways. "Cover crops" can be dense, planted crops of grasses or legumes, or crop residues such as corn, wheat or soybean stubble which maximize infiltration and prevent runoff from reaching erosive velocities.

CRITICAL AREA -- All lands and waters defined in ~ 8-1807 of the Natural Resources Article of the Annotated Code of Maryland. They include:

A. All waters of and lands under the Chesapeake Bay and its tributaries to the head-of-tide as indicated on the State Wetlands Maps, and all state and private wetlands designated under Title 9 of the Natural Resources Article of the Annotated Code of Maryland.

B. All land and water areas within one thousand (1,000) feet beyond the landward boundaries of state or private wetlands and the heads-of-tides designated under Title 9 of the Natural Resources Article of the Annotated Code of Maryland.

C. Modification to these areas through inclusions or exclusions proposed by local jurisdictions and approved by the Commission as specified in ~ 8-1807 of the Natural Resources Article of the Annotated Code of Maryland.

DENSITY -- The number of dwelling units per acre within a defined and measurable area.

DEVELOPED WOODLANDS -- Those areas of one (1) acre or more in size which predominantly contain trees and natural vegetation and which also include residential, commercial or industrial structures and uses.

DEVELOPMENT -- Any activity that materially affects the condition or use of dry land, land under water or any structure.

DEVELOPMENT ACTIVITIES -- The construction or substantial alteration of residential, commercial, industrial, institutional or transportation facilities or structures.

DOCUMENTED BREEDING BIRD AREAS -- Forested areas where the occurrence of interior dwelling birds, during the breeding season, has been demonstrated as a result of on-site surveys using standard biological survey techniques.

ECOSYSTEM -- A more or less self-contained biological community, together with the physical environment in which the community's organisms occur.

EXCESS STORMWATER RUNOFF -- All increases in stormwater resulting from:

A. An increase in the imperviousness of the site, including all additions to buildings, roads and parking lots;

B. Changes in permeability caused by compaction during construction or modifications in contours, including the filling or drainage of small depression areas;

C. Alteration of drainageways or regrading of slopes;

D. Destruction of forest; or

E. Installation of collection systems to intercept street flows or to replace swales or other drainageways.

FISHERIES ACTIVITIES -- Commercial water-dependent fisheries facilities, including structures for the packing, processing, canning or freezing of finfish, crustaceans, mollusks and amphibians and reptiles, and also including related activities such as wholesale and retail sales, product storage facilities, crab shedding, off-loading docks, shellfish culture operations and shore-based facilities necessary for aquaculture operations.

FOREST -- A biological community dominated by trees and other woody plants covering a land area of one (1) acre or more. This also includes forests that have been cut but not cleared.

FOREST INTERIOR DWELLING BIRDS -- Species of birds which require relatively large forested tracts in order to breed successfully (for example, various species of flycatchers, warblers, vireos and woodpeckers).

FOREST MANAGEMENT -- The protection, manipulation and utilization of the forest to provide multiple benefits, such as timber harvesting, water transpiration, wildlife habitat, etc.

FOREST PRACTICE -- The alteration of the forest either through tree removal or replacement in order to improve the timber, wildlife, recreational or water quality values.

HABITAT PROTECTION AREAS -- Include the buffer, nontidal wetlands, threatened and endangered species and species in need of conservation, plant and wildlife habitat and anadromous fish propagation waters as defined in COMAR 14.15.09.

HIGHLY ERODIBLE SOILS -- Those soils with a slope greater than fifteen percent (15%); or those soils with a K value greater than zero point three five (0.35) and with slopes greater than five percent (5%).

HISTORIC WATERFOWL STAGING AND CONCENTRATION AREA -- An area of open water and adjacent marshes where waterfowl gather during migration and throughout the winter season. These areas are historic in the sense that their location is common knowledge and because these areas have been used regularly during recent times.

HYDRIC SOILS -- Soils that are wet frequently enough to periodically produce anaerobic conditions, thereby influencing the species composition or growth, or both, of plants on those soils.

HYDROPHYTIC VEGETATION -- Those plants cited in Vascular Plant Species Occurring in Maryland Wetlands (Dawson, F. et al., 1985) which are described as growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content (plants typically found in water habitats).

K VALUE -- The soils erodibility factor in the Universal Soil Loss Equation. It is a quantitative value that is experimentally determined.

LAND-BASED AQUACULTURE -- The raising of fish or shellfish in any natural or man-made, enclosed or impounded, water body.

LAND CLEARING -- Any activity that removes the vegetative ground cover.

LANDFORM -- Features of the earth's surface created by natural causes.

MARINA -- Any facility for the mooring, berthing, storing or securing of watercraft, but not including community piers and other noncommercial boat docking and storage facilities.

MEAN HIGH-WATER LINE -- The average level of high tides at a given location.

NATURAL HERITAGE AREA -- Any communities of plants or animals which are considered to be among the best statewide examples of their kind and are designated by regulation by the Secretary of the Department of Natural Resources.

NATURAL FEATURES -- Components and processes present in or produced by nature, including but not limited to soil types, geology, slopes, vegetation, surface water, drainage patterns, aquifers, recharge areas, climate, floodplains, aquatic life and wildlife.

NATURAL VEGETATION -- Those plant communities that develop in the absence of human activities.

NATURE-DOMINATED -- A condition where landforms or biological communities, or both, have developed by natural processes in the absence of human intervention.

NONPOINT SOURCE POLLUTION -- Pollution generated by diffuse land use activities rather than from an identifiable or discrete facility. It is conveyed to waterways through natural processes, such as rainfall, storm runoff or groundwater seepage, rather than by deliberate discharge. Nonpoint source pollution is not generally corrected by end-of-pipe treatment, but rather by changes in land management practices.

NONRENEWABLE RESOURCES -- Resources that are not naturally regenerated or renewed.

NONTIDAL WETLANDS -- Those lands in the critical area, excluding tidal wetlands regulated under Title 9 of Natural Resources Article of Annotated Code of Maryland, where the water table is usually at or near the surface, or lands where the soil or substrate is covered by shallow water at some time during the growing season. These regulations apply to the Palustrine class of nontidal wetlands as defined in Classification of Wetlands and Deepwater Habitats of the United States (Publication FWS/OBS-79/31, December 1979) and as identified on the National Wetlands Inventory Maps or which may be identified by site survey at the time of application for a development activity. These lands are usually characterized by one (1) or both of the following:

A. At least periodically, the lands support predominantly hydrophytic vegetation.

B. The substrate is predominantly undrained hydric soils.

OFFSETS -- Structures or actions that compensate for undesirable impacts.

OPEN SPACE -- Land and water areas retained in an essentially undeveloped state.

OVERBURDEN -- The strata or material in its natural state, before its removal by surface mining, overlying a mineral deposit or in between mineral deposits.

PALUSTRINE -- All nontidal wetlands dominated by trees, shrubs, persistent emergent plants or emergent mosses or lichens, and all such wetlands that occur in tidal areas where the salinity due to ocean-derived salts is below one-half (1/2) part per one thousand (1,000) parts of water.

PHYSIOGRAPHIC FEATURES -- The soils, topography, land slope and aspect and local climate that influence the form and species composition of plant communities.

PORT -- A facility or area established or designated by the state or local jurisdictions for purposes of waterborne commerce.

PRIVATE HARVESTING -- The cutting and removal of trees for personal use.

PROJECT APPROVALS -- The approval of development, other than development by a state or local government agency, in the Chesapeake Bay Critical Area by the appropriate local approval authority. The term includes approval of subdivision plats and site plans; inclusion of areas within floating zones; issuance of variances, special exceptions and conditional use permits; and issuance of zoning permits. The term does not include building permits.

PUBLIC WATER-ORIENTED RECREATION -- Shore-dependent facilities or activities provided by public agencies which are available to the general public.

RECLAMATION -- The reasonable rehabilitation of disturbed land for useful purposes and the protection of the natural resources of adjacent areas, including waterbodies.

REDEVELOPMENT -- The process of developing land which is or has been developed.

REFORESTATION -- The establishment of a forest through artificial reproduction or natural regeneration.

RENEWABLE RESOURCE -- A resource that can renew or replace itself and therefore, with proper management, can be harvested indefinitely.

RIPARIAN HABITAT -- A habitat that is strongly influenced by water and which occurs adjacent to streams, shorelines and wetlands.

SEASONALLY FLOODED WATER REGIME -- A condition where surface water is present for extended periods, especially early in the growing season, and when surface water is absent, the water table is often near the land surface.

SELECTION -- The removal of single, scattered, mature trees or other trees from uneven-aged stands by frequent and periodic cutting operations.

SIGNIFICANTLY ERODING AREAS -- Areas that erode two (2) feet or more per year.

SOIL CONSERVATION AND WATER QUALITY PLANS -- Land use plans for farms that show farmers how to make the best possible use of their soil and water resources while protecting and conserving those resources for the future. It is a document containing a map and related plans that indicate:

A. How the landowner plans to treat a farm unit.

B. Which best management practices the landowner plans to install to treat undesirable conditions.

C. The schedule for applying those best management practices.

SPECIES IN NEED OF CONSERVATION -- Those fish and wildlife whose continued existence as part of the state's resources are in question and which may be designated by regulation by the Secretary of Natural Resources as in need of conservation pursuant to the requirements of Natural Resources Article, ~~ 10-2A-06 and 4-2A-03, of the Annotated Code of Maryland.

SPOIL PILE -- The overburden and reject materials as piled or deposited during surface mining.

STEEP SLOPES -- Slopes of fifteen-percent or greater incline.

THINNING -- A forest practice used to accelerate tree growth of quality trees in the shortest interval of time.

TOPOGRAPHY -- The existing configuration of the earth's surface, including the relative relief, elevations and position of land features.

TRANSITIONAL HABITAT -- A plant community whose species are adapted to the diverse and varying environmental conditions that occur along the boundary that separates aquatic and terrestrial areas.

TRANSPORTATION FACILITIES -- Anything that is built, installed or established to provide a means of transport from one place to another.

TRIBUTARY STREAMS -- Those perennial and intermittent streams in the critical areas which are so noted on the most recent United States Geological Survey 71/2-minute Topographic Quadrangle Maps [scale: one to twenty-four thousand (1:24,000)] or on more detailed maps or studies at the discretion of the Town of Chestertown.

UTILITY TRANSMISSION FACILITIES -- Fixed structures that convey or distribute resources or wastes, or both, including but not limited to electric lines, water conduits and sewer lines.

WASH PLANT -- A facility where sand and gravel is washed during processing.

WATER-BASED AQUACULTURE -- The raising of fish and shellfish in any natural, open, free-flowing water body.

WATERFOWL -- Birds which frequent and often swim in water, nest and raise their young near water and derive at least part of their food from aquatic plants and animals.

WATER-USE INDUSTRY -- An industry that requires location near the shoreline because it utilizes surface waters for cooling or other internal purposes.

WILDLIFE CORRIDOR -- A strip of land having vegetation that provides a habitat and a safe passageway for wildlife.

ARTICLE V

Critical Area Districts; District Map

~ 61-14. Districts established.

In accordance with the adopted critical area plan for the Town of Chestertown, and in order to further the goals and objectives of the plan, the following districts are hereby established:

Intensely Developed District (IDA)

Limited Development District (LDA)

Resource Conservation District (RCA)

~ 61-15. Adoption of Critical Area District Map.

The district classification of the critical area within the Incorporated Town of Chestertown shall be as shown on the map designated as the "Critical Area District Map, Chestertown, Maryland," which has been signed by the Mayor and attested by the Town Manager upon its adoption. This Critical Area District Map and all notations, dimensions, references and symbols shown thereon pertaining to such districts shall be as much a part of this chapter as if fully described herein and shall be filed as part of this chapter by the Town Manager. Said map shall be available for inspection in the office of the Town Manager.

ARTICLE VI

Criteria for Development

~ 61-16. Uses restricted.

A. Facilities permitted only in the intensely developed areas. Certain new development, or redevelopment activities or facilities, because of their intrinsic nature or because of their potential for adversely affecting habitats or water quality, may not be permitted in the critical area except in intensely developed areas under Article VII of this chapter, and 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:

(1) Industry.

(2) Transportation facilities and utility transmission facilities, except those necessary to serve permitted uses or where regional or interstate facilities must cross tidal waters. (Utility transmission facilities do not include power plants.)

(3) Permanent sludge handling, storage and disposal facilities, other than those associated with wastewater treatment facilities.

B. Facilities not allowed in the critical area. Certain new development activities or facilities, or the expansion of certain existing facilities, because of their intrinsic nature or because of their potential for adversely affecting habitat and water quality, may not be permitted in the critical area unless no environmentally acceptable alternative exists outside the critical area and unless these development activities or facilities are needed in order to correct an existing water quality or wastewater management problem. These include:

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

(2) Sanitary landfills.

~ 61-17. Special density provisions.

A. Density in the intensely developed areas. Density in the intensely developed areas (IDA's) shall be as those established in the underlying base zone.

B. Density in the limited development areas. The density of development and minimum lot sizes permitted within limited development areas (LDA's) shall be governed by prescriptive densities within the applicable underlying base zoning districts.

C. Density in the resource conservation areas. Residential densities in the resource conservation areas (RCA's) shall not exceed one (1) dwelling unit per twenty (20) acres regardless of densities permitted in applicable underlying base zones, except as provided below. Determination of density shall be based on the gross site area of the parcel.

D. Minimum lot sizes. Minimum lot sizes shall be governed by standards applicable to the underlying base zone district.

E. Intrafamily transfer. The one-dwelling-unit-per twenty-acres' density limitation in the RCA shall not prevent a bona fide intrafamily transfer, subject to the following limitations:

(1) Intrafamily transfers will be permitted on parcels of land where it is shown that the parcel was recorded on or before March 1, 1986, and such parcel is at least seven (7) and not more than sixty (60) acres in size.

(2) A bona fide intrafamily transfer shall be subject to all the requirements of Chestertown's Subdivision Ordinance, and a notation shall be placed on the final subdivision plat denoting the lots that are created under this provision.

(3) Subdivision of land under the bona fide intrafamily transfer provisions contained herein shall be subject to the following limitations:

(a) Parcels seven (7) acres to fewer than twelve (12) acres cannot be subdivided into more than a total of two (2) lots; and

(b) Parcels twelve (12) acres to fewer than sixty (60) acres can not be subdivided into more than three (3) lots.

(4) Lots created pursuant to these provisions shall not be created for purposes of ultimate commercial sale. In addition, any lot created under this subsection may not be transferred or sold to a third party, not a member of the owner's immediate family or holder of a mortgage or deed of trust on the property, unless and until the Planning Commission has determined that the following can be conclusively proved:

(a) A change in circumstances has occurred since the original transfer, not of the owner's doing, which would warrant permitting a subsequent transfer when such circumstances are consistent with the warrants and exceptions contained herein; or

(b) Other circumstances necessary to maintain land areas to support protective uses of agriculture, forestry, open space and natural habitats in RCA's warrant an exception.

(5) Deeds of transfer shall include provisions which shall restrict the subsequent transfer or sale of a lot or lots created pursuant to the intrafamily transfer provisions contained herein to a third party, not a member of the owner's immediate family or holder of a mortgage or deed of trust.

~ 61-18. Agriculture.

A. Deadline for compliance. By May 13, 1991, all farms in the town shall have prepared and be implementing a currently approved soil conservation and water quality plan prepared by the Kent County Soil Conservation District. Landowners who have signed up as Conservation District cooperators, but who do not have a conservation plan developed for them by the District, shall be allowed to continue farming until a conservation plan is developed, provided that the goals of the Critical Area Act and the requirements of the Town of Chestertown's critical area plan are being met.

B. Interim provisions. Until such time as a soil conservation and water quality plan is approved and in place, farmland owners are encouraged to use the following practices:

(1) Proper nutrient application rates.

(2) Appropriate timing of nutrient application.

(3) Appropriate method of nutrient application.

(4) Reduced tillage practices.

(5) Crop rotations.

(6) Cover crop.

C. Agricultural activities in the buffer. Agricultural activities are permitted in the buffer, if, as a minimum best management practice, a twenty-five-foot vegetated filter strip measured landward from the mean high-water line of tidal waters or tributary streams or from the edge of tidal wetlands, whichever is further inland, is established, and further, provided that:

(1) The filter strip shall be composed of either trees with a dense ground cover or a thick sod of grass and shall be so managed as to provide water quality benefits and habitat protection. Noxious weeds, including Johnson grass, Canada thistle and multiflora rose, which occur in the filter strip may be controlled by authorized means.

(2) For slopes greater than six percent (6%), the filter strip shall be expanded by a distance of four (4) feet for every one percent (1%) of slope.

(3) The twenty-five-foot vegetated filter strip shall be maintained until such time as the landowner is implementing, under an approved soil conservation and water quality plan, a program of best management practices for the specific purpose of improving water quality and protecting plant and wildlife habitat, provided that the portion of soil conservation and water quality plan being implemented achieves the water quality and habitat protection objectives of the twenty-five-foot vegetated filter strip.

(4) The best management practices shall include a requirement for the implementation of a grassland and manure management program, where appropriate, and the feeding or watering of livestock may not be permitted within fifty (50) feet of the mean high-water line of tidal water and tributary streams or from the edge of tidal wetlands, whichever is further inland.

(5) Clearing of existing natural vegetation in the buffer is not allowed.

(6) Farming activities, including the grazing of livestock, are permitted, provided that they do not disturb stream banks, tidal shorelines or other habitat protection areas.

~ 61-19. Forest management plan.

An approved forest management plan shall be required prior to all timber harvesting occurring within any one (1) year and affecting one (1) or more acres in forests and developed woodlands in the Critical Area District. The plan shall meet the requirements set forth in Section II D of the town's critical area program.

~ 61-20. Buffer.

A. Area included. The buffer area shall, at a minimum, consist of all lands at least one hundred (100) feet landward from the mean high-water line of tidal waters, tributary streams and tidal wetlands. Additionally, the buffer will be expanded beyond the one-hundred-foot limit to include contiguous, sensitive areas, such as steep slopes, hydric soils or highly erodible soils, whose development or disturbance may impact streams, wetlands or other aquatic environments. In the case of contiguous slopes of fifteen percent (15%) or greater, the buffer shall be expanded four (4) feet for every one percent (1%) of slope over fifteen percent (15%) or to the top of the slope, whichever is greater, but in no case more than ten (10) feet beyond the top of a slope greater than fifteen percent (15%).

B. Purpose of buffer. The buffer area will be maintained to:

(1) Provide for the removal or reduction of sediments, nutrients and potentially harmful or toxic substances in runoff entering the Bay and its tributaries.

(2) Minimize the adverse effects of human activities on wetlands, shorelines, stream banks, tidal waters and aquatic resources.

(3) Maintain an area of transitional habitat between aquatic and upland communities.

(4) Maintain the natural environment of streams.

(5) Protect the riparian wildlife habitats.

C. Water-dependent facilities in the buffer. No new development will be allowed in the buffer unless it can clearly demonstrate that it is a water-dependent facility and has been designated as such in appropriate amendments to the critical areas plan. New buildings, structures, activities and facilities permitted in the buffer may include:

(1) Boathouses, community piers, individual private piers, docks, launching ramps and mooring facilities.

(2) For community piers, only the following uses shall be permitted to locate in the buffer: mooring buoys and slips; docks, piers, launching ramps, access roads and paths; and loading/unloading areas.

(3) Where community slips, piers or mooring buoys are to be provided in a subdivision that is approved after January 16, 1989, the number of slips, piers and mooring buoys shall be the lesser of the following:

(a) Up to one (1) slip for every fifty (50) feet of shoreline in subdivisions in the limited development areas and intensely developed areas, and one (1) slip per three hundred (300) feet of shoreline in the resource conservation area; or

(b) A density of slips, piers and mooring buoys to platted lots or dwellings in the subdivision, according to the following schedule:

Platted lots or

Dwellings in the

Critical Area Slips and Moorings

Up to 15 1 for each lot

16 to 40 15 or 75%, whichever is greater

41 to 100 30 or 50%, whichever is greater

101 to 300 50 or 25%, whichever is greater

Over 300 75 or 15%, whichever is greater

(4) New commercial marinas and other related commercial maritime facilities, where permitted in LDA and RCA, expansion of existing commercial marinas and other related commercial maritime facilities in RCA, and uses accessory thereto, provided that non-water-dependent uses and activities shall not be located in the buffer. Only the following, which are considered commercial marine water-dependent uses, shall be permitted in the buffer:

(a) Mooring buoys and slips.

(b) Docks, piers, launching ramps, access roads and paths.

(c) Loading and unloading areas.

(d) Fueling areas.

(e) Public areas.

(5) Public beaches and other public water-oriented recreation and education facilities, uses and related structures, provided that non-water-dependent uses and activities shall not be permitted in the buffer. Only the following, which are considered public water-dependent uses may be permitted to locate in the buffer:

(a) Lifeguard stations.

(b) Nature study/passive recreation facilities with no structures or impervious surfaces.

(c) Moorings buoys and slips.

(d) Docks, piers, launching ramps, access roads and paths.

(e) Loading and unloading areas.

(6) Fisheries and related commercial water-dependent facilities, provided that non-water-dependent uses and activities shall not be permitted in the buffer. Only the following, which are considered fisheries water-dependent uses shall be permitted to locate in the buffer:

(a) Docks, piers, launching ramps, access roads and paths.

(b) Seafood off-loading docks.

(c) Fueling areas.

(d) Shore facilities for aquaculture.

(7) Research facilities operated by county, state or federal government agencies or educational institutions conducting marine related studies.

D. Vegetation of buffer. The buffer shall be maintained in natural vegetation, but may include planted vegetation where necessary to protect, stabilize or enhance the shoreline.

E. Cutting of trees in buffer. Cutting or clearing of trees in the buffer is prohibited, except that:

(1) Commercial harvesting of trees by selection or by the clearcutting of loblolly pine and tulip poplar may be permitted to within fifty (50) feet of the landward edge of the mean high-water line of tidal waters and perennial tributary streams or the edge of tidal wetlands, provided that this cutting does not occur in the habitat protection areas and that the cutting is conducted pursuant to the provisions of the forest and woodland protection plan and in conformance with a buffer management plan prepared by a registered, professional forester and reviewed and approved by the Maryland Forest, Park and Wildlife Service through the District Forestry Board and the project forester, and filed with the town. The plan shall be required for all commercial harvests within the buffer, regardless of the size of the area to be cut, and shall contain the following minimum requirements:

(a) That disturbance to stream banks and shorelines shall be avoided.

(b) That the area disturbed by cut shall be replanted or allowed to regenerate in a manner that assures the availability of cover and breeding sites for wildlife and reestablishes the wildlife corridor function of the buffer.

(c) That the cutting does not involve the creation of logging roads and skid trails within the buffer.

(2) Commercial harvesting of trees, by any method, may be permitted to the edge of intermittent streams, provided that the cutting is conducted pursuant to the requirements of Subsection E(1) above.

(3) That the action is necessary to provide access to private piers or to install or construct a shore erosion protection device or measure or a water-dependent facility, provided that the device, measure or facility has received all necessary state and federal permits.

(4) Individual trees may be cut for personal use, provided that this cutting does not impair the water quality or existing habitat value or other functions of the buffer; these trees must be replaced on an equal basis for each tree cut.

(5) Individual trees may be removed which are in danger of falling and causing damage or which are in danger of falling and causing the blockage of streams or resulting in accelerated shore erosion.

(6) Horticultural practices may be used to maintain the health of individual trees.

(7) Other cutting techniques may be undertaken within the buffer under the advice and guidance of the Department of Agriculture and Natural Resources, if necessary to preserve the forest from extensive pest or disease infestation or threat of fire.

~ 61-21. Water-dependent facilities.

A. Purpose and intent. Water-dependent facilities are those structures or works associated with industrial, maritime, recreational or fisheries activities that require location at or near the shoreline within the buffer. An activity is water-dependent if it cannot exist outside the buffer and is dependent on the water by reason of the intrinsic nature of its operation.

B. Criteria. All development of water-dependent facilities must be water-dependent; meet a recognized private right or public need; minimize adverse effects on water quality and fish, plant and wildlife habitat; locate, insofar as possible, the non-water-dependent structures or operations associated with water-dependent projects or activities outside the buffer; and be consistent with a local water-dependent facilities plan. Additionally, any development of water-dependent facilities shall demonstrate the following;

(1) That the activities will not significantly alter existing water circulation patterns or salinity regimes and would not affect the movements of anadromous fish.

(2) That the water body upon which these activities are proposed has adequate flushing characteristics at the site.

(3) That disturbances to wetlands, submerged aquatic plant beds or other areas of important aquatic habitats will be minimized.

(4) That adverse impacts to water quality that may occur as a result of these activities, such as non-point source runoff, sewage discharge from land activities or vessels or from boat cleaning and maintenance operations, is minimized.

(5) That shellfish beds will not be disturbed or made subject to discharge that will render them unsuitable for harvesting.

(6) 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 operations in the critical area.

(7) That dredged spoil, except for clean sand for beach nourishment, will not be placed within the buffer or elsewhere in that portion of the critical area which has been designated as a habitat protection area.

(8) That interference with the natural transport of sand will be minimized.

(9) That no disturbances will occur to aquatic areas of historic waterfowl staging and concentration areas.

(10) The introduction of concrete riprap or other artificial surfaces onto the bottom of natural streams shall be prohibited except in those cases where needed to prevent stream bank erosion.

(11) The construction or placement of dams or other structures that would interfere with or prevent the movement of spawning fish or larval forms shall be prohibited.

(12) Construction, repair or maintenance activities associated with bridges or other stream crossings or with utilities or roads which involve disturbance within the buffer shall be prohibited between March 1 and May 15.

ARTICLE VII

District Regulations

~ 61-22. Limited development area (LDA) and resource conservation area (RCA).

A. Purpose and intent. Development in the limited development area will be designed to:

(1) Maintain or, if possible, improve the quality of runoff and groundwater entering the Chesapeake Bay and its tributaries.

(2) Accommodate additional low- or moderate-intensity development. This development shall not increase the overall intensity of development beyond the level established in a particular area so as to change its prevailing character as identified by density and land use currently established in the area.

B. Development standards. Development and redevelopment in an area designated limited development or resource conservation shall be subject to the following standards:

(1) Identification of environmental or natural features. All sites for which development activities are proposed, and which require subdivision approval or site plan review and approval, shall identify environmental or natural features on that portion of the site within the critical area.

(2) Habitat protection. Site development shall be designed to assure that those features or resources identified as habitat protection areas are afforded protection.

(3) Location of roads, bridges and utilities. Roads, bridges and utilities serving development shall be so located as to avoid disturbances to habitat protection areas. When no alternative exists and such infrastructure must cross or be located in habitat protection areas, the developer shall demonstrate how impacts to habitats have been minimized and that no feasible alternative location of such infrastructure exists.

(4) Development crossing streams. All development activities which must cross or are located adjacent to tributary streams in the critical area shall:

(a) Be designed in a manner to reduce increases in flood frequency and severity.

(b) Provide for the retention of natural streambed substrate.

(c) Minimized adverse impacts to water quality and stormwater runoff.

(d) Retain the existing tree canopy.

(5) Wildlife corridor. All development sites shall incorporate a wildlife corridor system that connects the largest undeveloped or most vegetative tracts of land located within and adjacent to the site in order to provide continuity of existing wildlife and plant habitats with off-site habitats.

(6) Threatened and endangered species.

(a) Each project site shall be examined to determine the existence of any threatened or endangered species or species in need of conservation.

(b) The developer shall submit a request to the Maryland Forest Parks and Wildlife Service Natural Heritage Program Officer for a determination of the known or potential occurrence of species of concern on the applicant's site. If no known or potential occurrences of species of concern are identified, the developer shall submit a letter from the Natural Heritage Program Officer.

(c) If a potential occurrence is identified, the developer shall hire a certified field biologist to determine the actual presence of the species. If no species is found, a letter from the biologist shall be submitted by the applicant.

(d) If a species in need of conservation is identified, the town shall develop a protection plan in consultation with the state. Such a protection plan may include acquisition, conservation easements, cooperative agreements with landowners, special provisions in forest management and soil conservation plans and related actions.

(7) Cutting of trees.

(a) Cutting of trees in the LDA. For the cutting or clearing of trees in forests and developed woodland areas which are associated with current or planned development activities in the limited development area, all projects shall:

[1] Demonstrate that the developer has considered the recommendations of the Maryland Forest, Park and Wildlife Service when planning development on forested lands.

[2] Demonstrate that development activities are designed and implemented to minimize destruction of woodland vegetation.

[3] Provide maximum protection for forests and developed woodlands identified as habitat protection areas.

(b) Alteration of forest in LDA. For the alteration of forest and developed woodland in the limited development area, the following criteria shall apply:

[1] The total acreage in forest coverage within a jurisdiction in the critical area shall be maintained or, preferably, increased.

[2] All forests that are allowed to be cleared or developed shall be replaced in the critical area on not less than an equal-area basis.

[3] That no more than twenty percent (20%) of any forest or developed woodland may be removed from forest use, except as provided in Subsection B(7)(c) below. The remaining eighty percent (80%) shall be maintained through recorded, restrictive covenants or similar instruments.

[4] Developed woodland vegetation shall be conserved to the greatest extent practicable.

(c) Replacement forest. For replacement of forest and developed woodland, if more than twenty percent (20%) is removed from forest use, the following formula shall apply: A developer may clear or develop more forest than otherwise permitted to be disturbed if the total forest area removed from forest use is not increased by more than fifty percent (50%) of the area permitted to be disturbed, provided that the afforested area shall consist of one and five-tenths (1.5) times the total surface acreage of the disturbed forest or developed woodland area, or both.

(d) Additional requirements. Additionally, in all forest and woodland development:

[1] Surety shall be provided by owners or developers in an amount determined by the Town Council. The amount shall, at a minimum, be adequate to assure satisfactory replacement as required in Subsection B(7)(c) above.

[2] A grading permit shall be required before forest or developed woodland is cleared.

[3] Any forests which have been cleared before obtaining a grading permit or that exceed the maximum area allowed in Subsection B(7)(c) above shall be replanted at three (3) times the areal extent of the cleared forest.

(8) Steep slopes. Development on slopes greater than fifteen percent (15%) shall be prohibited unless the project is the only effective way to maintain or improve the stability of the slope.

(9) Impervious surface. [Amended 1-21-1991 by Ord. No. 1-91] Except as otherwise provided in this subsection for stormwater runoff, man-made impervious surfaces are limited to fifteen percent (15%) of a parcel or lot.

(a) If a parcel or lot one-half (1/2) acre or less in size was in residential use on or before December 1, 1985, then man-made impervious surfaces associated with that use are limited to twenty-five percent (25%) of the parcel or lot.

(b) If a parcel or lot one-fourth (1/4) acre or less in size was in nonresidential use on or before December 1, 1985, then man-made impervious surfaces associated with that development are limited to twenty-five percent (25%) of the parcel or lot.

(c) If an individual lot one (1) acre or less in size is part of a subdivision approved after December 1, 1985 then man-made impervious surfaces of the lot may not exceed twenty-five percent (25%) of the lot. However, the total of the impervious surfaces over the entire subdivision may not exceed fifteen percent (15%).

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

(10) Soils. Development may be allowed on soils with development constraints if the development plan includes mitigation measures that adequately address the identified constraints and that said development will not have significant adverse impacts on water quality or plant, fish or wildlife habitat.

(11) Soil erosion and sedimentation control and stormwater management plans. All developments in the limited development area shall demonstrate compliance with a soil erosion and sedimentation control plan and stormwater management plan.

(12) Tree cover. All developments shall maintain existing tree and vegetative cover to the maximum extent possible. A forest covered of at least fifteen percent (15%) of the areal extent of the site shall be established.

(13) Nontidal wetlands. All activities proposed in areas draining to non-tidal wetlands are required to establish a minimum of twenty-five-foot buffer between the proposed activity and the boundary of the nearest wetland. If sensitive areas are contiguous to the twenty-five-foot buffer, the buffer will be expanded to the extent of contiguous sensitive areas whose disturbance or development may impact nontidal wetlands. "Sensitive areas" are defined as hydric soils and soils and hydric properties as designated by the Soil Conservation Service, highly erodible soils with a K value greater than zero point three five (0.35) and steep slopes greater than fifteen percent (15%).

(14) Habitat protection plan. All forest and developed woodlands, nontidal wetlands, plant and wildlife, threatened and endangered species and anadromous fish habitats shall be protected in accordance with the habitat protection plan.

(15) Shore erosion protection. Development and redevelopment projects that propose shore erosion protection must demonstrate that significant shore erosion is occurring on the site. Development and redevelopment projects shall install vegetative shore erosion control measures, where feasible and where appropriate, on portions of the site proposed for development and near such portions if the shore erosion threatens the proposed development portion. Where control of shore erosion cannot be accomplished by vegetative measures and structural measures are required, proposed developments must either:

(a) Construct appropriate structural measures to control shoreline erosion on sites proposed for development consistent with the policies of the town's shore erosion protection section; or

(b) Set back the development behind the buffer based on the annual shore erosion rate. If published data on actual shore erosion is not available, the annual rate shall be assumed to be two (2) feet per year. The setback shall be the annual erosion rate times twenty-five (25) years. The setback shall be measured from mean high tide.

~ 61-23. Intensely developed area (IDA).

A. Purpose and intent. Development in the intensely developed areas shall be designed to:

(1) Improve the quality of runoff from developed areas that enters the Chesapeake Bay or its tributary streams.

(2) Accommodate additional development of the type and intensity desired by the Town of Chestertown, provided that water quality is not impaired.

(3) Minimize the expansion of intensely developed areas into portions of the critical area designated habitat protection or resource conservation.

(4) Conserve and enhance fish, wildlife and plant habitats within the intensely developed areas, and encourage the use of retrofitting measures to address existing stormwater management problems.

B. Compliance with the buffer and habitat protection plans required. Chestertown will require that any development in the critical area comply with the buffer restrictions contained in ~ 61-20 and the habitat protection criteria contained in ~ 61-21.

C. Sediment and erosion control plan. All developments must have an approved sediment and erosion control plan.

D. Stormwater management plan. All developments must have a stormwater management plan that reduces the pollution load by at least ten percent (10%) below the level of pollution on the site prior to development or redevelopment. This plan may contain provisions for pollution offsets, which may be either on-site or off-site, as approved by the town.

E. Permeable areas. If practicable, permeable areas shall be established in vegetation, and wherever possible, redevelopment shall reduce existing levels of pollution.

F. Public access. Areas of public access shall be maintained and, if possible, encouraged.

G. Forest and woodland vegetation. All development activities shall be designed and implemented to minimize destruction of forest and woodland vegetation.

H. Habitat protection plan. All forest and developed woodlands, nontidal wetlands, plant and wildlife, threatened and endangered species and anadromous fish habitats shall be protected in accordance with the habitat protection plan.

I. Shore erosion protection. Development and redevelopment projects that propose shore erosion protection must demonstrate that significant shore erosion is occurring on the site. Development and redevelopment projects shall install vegetative shore erosion control measures, where feasible and where appropriate, on portions of the site proposed for development and near such portions if the shore erosion threatens the proposed development portion. Where control of shore erosion cannot be accomplished by vegetative measures and structural measures are required, proposed developments must either:

(1) Construct appropriate structural measures to control shoreline erosion on sites proposed for development consistent with the policies of the town's shore erosion protection section; or

(2) Set back the development behind the buffer based on the annual shore erosion rate. If published data on actual shore erosion is not available, the annual rate shall be assumed to be two (2) feet per year. The setback shall be the annual erosion rate times twenty-five (25) years. The setback shall be measured from mean high tide.

ARTICLE VIII

Nonconforming Uses

~ 61-24. Nonconforming lots of record in the critical area.

A single lot or parcel of land that was legally recorded as of January 16, 1989, may be developed with a single-family dwelling and customary accessory buildings may be erected on any single lot of record in the critical area, if the dwelling was not already placed there, notwithstanding that such development may be inconsistent with the density provisions contained in Article VI.

~ 61-25. Applicable lots.

This provision shall apply as follows:

A. Any lot on which development activity has legally progressed to the point of pouring foundation footing or installation of structural members prior to January 16, 1989, will be permitted to complete construction as per existing development approvals.

B. Any legal parcel of land, not being part of a recorded subdivision, that was recorded as of December 1, 1985, and land that was subdivided into recorded, legally buildable lots, where the subdivision received town final approval prior to June 1, 1984, provided that:

(1) Lots not individually owned are reconfigured so as to permit compliance with buffer requirements; and

(2) Any development of such lands complies, insofar as possible with the provisions of the Critical Area Ordinance as determined by the Chestertown Planning Commission.

C. Land that was subdivided into recorded, legally buildable lots, where the subdivision received the town's final approval between June 1, 1984, and December 1, 1985.

D. Land that was subdivided into recorded, legally buildable lots, where the subdivision received the town's final approval after December 1, 1985, provided that either any such land conforms to the provisions of the Critical Area Ordinance or the area is counted by the town against the growth allocation permitted by the county.

ARTICLE IX

Special Plat Requirements

~ 61-26. Special design standards in the critical area.

A. Site plan required for all uses. In the critical area, a site plan shall be required for any land proposed for subdivision, any multiple-family dwellings containing more than ten (10) dwelling units or forming a part of a multiple-family development of two (2) or more buildings; townhouses; motels, hotels and motor lodges; business buildings, commercial buildings and industrial buildings if such buildings are to contain more than five thousand (5,000) square feet of floor area; and parking lots of five (5) or more spaces. All of these uses shall be termed a "subdivision" for the purpose of this Article.

B. Approval process. The approval process for any site plan required in the critical area shall be the same as the process contained in the Chestertown Subdivision Regulations (for subdivisions) or the Chestertown Zoning Regulations, as appropriate. Additionally, each project approval shall be based on findings that projects are consistent with the following goals of the Critical Area Law:

(1) To minimize adverse impacts on water quality that result from pollutants that are discharged from structures or conveyances or that have runoff from surrounding lands;

(2) To conserve fish, wildlife and plant habitats; and

(3) To establish land use policies for development in the Chesapeake Bay Critical Area which accommodate growth and also address the fact that even if population is controlled, the number, movement and activities of persons in that area can create adverse environmental impacts.

C. Any subdivision which borders on tidal water, tidal wetlands or tributary streams in the critical area and is not located in the approved buffer exemption area shall establish a buffer of at least one hundred (100) feet which shall be maintained in natural vegetation. No development, including septic systems, impervious surfaces, parking areas, roads or structures, are permitted in the buffer. Approved water dependent facilities and private wells are exempted from the buffer provisions.

D. Sensitive areas.

(1) The buffer shall be expanded to include contiguous sensitive areas on the parcels whose development or disturbance may impact streams, wetlands or other aquatic environments. The expansion shall occur whenever new land development or other land disturbing activities, such as clearing natural vegetation for agriculture, are proposed on a parcel. The expanded buffer must be shown on plans required for such development or activities. "Sensitive areas" are defined as follows:

(a) Hydric soils and soils with hydric properties as designated by the Soil Conservation Service;

(b) Highly erodible soils with a K value greater than zero point three five (0.35); and

(c) Steep slopes greater than fifteen percent (15%).

(2) When the site of the proposed land disturbance drains to a slope greater than fifteen percent (15%) contiguous to the buffer, the buffer shall be extended four (4) feet for every one percent (1%) of slope over fifteen percent (15%) or to the top of the slope, whichever is greater, but in no case more than ten (10) feet beyond the top of a slope greater than fifteen percent (15%).

E. All subdivisions in the critical area shall be subject to the habitat protection criteria and guidelines established in the Town of Chestertown Critical Area Program.

F. The subdivider shall be required to identify stormwater management practices appropriate to site development which achieve the following standards:

(1) In areas designated intensely developed area on the Chestertown Critical Area District Map, the subdivider shall demonstrate that the best management practices for stormwater assure a ten-percent reduction of predevelopment pollutant loadings.

(2) The subdivider shall delineate those site areas not covered by impervious surfaces to be maintained or established in vegetation. Where vegetation is not proposed, the developer shall demonstrate why plantings for such portions of the site are impracticable.

~ 61-27. Preliminary plat information required in the critical area.

A. Information required on the plat. The following information shall be required on a preliminary plat in the critical area, as applicable:

(1) A computation of the total area within the Critical Area District, the area within each of the land management classifications (i.e., IDA, LDA, RCA) and the number of lots in the critical area.

(2) Slopes of fifteen percent (15%) or greater.

(3) The location and areal extent of all soils with septic limitations, wet soils, hydric soils and soils with hydric properties as shown on the County Soil Survey.

(4) The location of all existing or proposed site improvements, including storm drains, culverts, retaining walls, fences and stormwater management facilities, as well as any sediment and erosion control structures.

(5) The location of required open space areas, the buffer and other buffer areas, forested areas and landscaping.

(6) The location of all habitat protection areas on the site.

(7) The location of tidal and non-tidal wetlands on and adjacent to the site, and a delineation of the watershed thereof.

(8) The location of eroding shoreline reaches, the rate of erosion, areas where shore erosion measures are in place and areas to be protected by installation of proposed erosion abatement approaches.

(9) The location of anadromous fish spawning stream(s) on or adjacent to the site, and a delineation of the watershed area of the stream on the site.

(10) Areas to be retained in agriculture and/or forestry use.

(11) Areas proposed for reforestation and afforestation.

(12) The total area of the site that will be temporarily disturbed during development, and area that will be permanently disturbed.

(13) Proposed natural park areas, as appropriate.

(14) The location of the Critical Area District boundary, the mean-high water line and the landward edge of tidal wetlands.

(15) Proposed covenants on required open space.

B. Additional information to be submitted. The preliminary plat shall also be accompanied by the following information, as required:

(1) A planting plan for reforested and afforested areas and a forest management plan with the comments of the Bay Forester.

(2) A habitat protection plan, including the comments of the Maryland Forest, Park and Wildlife Service.

(3) An executed cooperators' agreement with the Soil Conservation District or farm plan, as applicable.

(4) A preliminary stormwater management plan.

(5) A preliminary sediment and erosion control plan.

(6) A shore erosion protection plans complete specifications for proposed shore erosion work.

(7) A natural park management plan, as appropriate.

(8) An environmental assessment report which provides a coherent statement of how the proposed development addresses the goals and objectives of the Chestertown Critical Area Program. At a minimum, the environmental assessment shall include:

(a) A statement of existing conditions, e.g., the amount and types of forest cover, the amount and types of wetlands, the discussion of existing agriculture activities on the site, the soil types, the topography, etc.

(b) A discussion of the proposed development project, including the number and type of residential units, the amount of impervious surface, the proposed sewer treatment and water supply, the acreage devoted to development and the proposed open space and habitat protection areas.

(c) A discussion of the proposed development's impacts on water quality.

(d) Documentation of all correspondence and findings.

~ 61-28. Final plat information required in the critical area.

A. Information required on the final plat. Proposed subdivisions located in the critical area shall show the following additional information on the final subdivision plat, as applicable:

(1) A tabulation on the final plat, showing the following for subdivisions wholly or partially located in the critical area:

(a) The total number of lots and/or parcels recorded.

(b) The total area of lots and/or parcels.

(c) The total area of roadways to be recorded.

(d) The total area of subdivision to be recorded, and where density restrictions apply, the acreage dedicated to the development.

(e) The total area of subdivision or parcels to be recorded in the critical area.

(f) The total number of lots in the critical area.

(g) The residential density in the critical area.

(2) For subdivisions in the critical area, accurate outlines of any required open space areas, common or reserved areas or portions off lots to be maintained by covenant, easement or similar approved instrument in permanent forest cover, including existing forested areas, reforested areas and afforested areas.

(3) Accurate outlines of any areas to be maintained in resource protection use (e.g., agriculture, natural parks, forest, etc.).

(4) Accurate outlines of any areas to be maintained as permanent wildlife and plant habitat protection area or areas.

B. The final subdivision plan shall be accompanied by the following when the subdivision or development is proposed in the critical area, as required:

(1) Planting and forest management plans. The subdivider in the critical area shall prepare and submit a planting plan and/or forest management plan for areas where planting is required and a shoreline protection plan for areas of eroding shore to be stabilized.

(2) Open space maintenance plans. A detailed proposal, including covenants, agreements and other specific documents showing ownership, and the method of assuring perpetual maintenance to be applied to those areas of common open space, recreation areas and habitat protection areas in developments located in the Critical Area District.

ARTICLE X

Special Provisions for Stormwater Management

~ 61-29. Minimum control required in intensely developed areas.

The minimum stormwater management control requirements shall require that all development and redevelopment activities that take place in an intensely developed area of the Chestertown critical area shall result in a reduction of pollutant loadings from the site by at least ten percent (10%).

~ 61-30. Minimum control required in limited development areas and resource conservation areas.

The minimum stormwater management control requirements shall require that all development and redevelopment activities that take place in limited development areas and resource conservation areas in the Chestertown critical area shall receive the following:

A. Development may not cause downstream property, watercourses, channels or conduits to receive stormwater runoff at a higher volume or rate than would have resulted from a two- or ten-year storm, whichever is more restrictive, were the land in its predevelopment state.

B. All stormwater storage facilities shall be designed with sufficient capacity to eliminate all runoff caused by the development in excess of that which would have come from the site if it were in its predevelopment state.

C. Stormwater management measures shall be consistent with the requirements of Natural Resources Article, ~ 8-11A-01 et seq. of the Annotated Code of Maryland.