§ 27-213.12. Amendment of approved Chesapeake Bay Critical Area Overlay Zones.

(a)

In general.

(1)

The Planning Board may, upon the concurrence of the District Council by resolution, initiate amendments to the approved Chesapeake Bay Critical Area Overlay (CBCA) Zoning Map. The initiating resolution shall specify the area of the Overlay Map to be amended and shall be processed in accordance with the provisions of this Subdivision for initial approval.

(2)

A request to change the boundaries or zone of an approved Chesapeake Bay Critical Area Overlay Zone may also be made by a property owner. The request shall be in the form of an application.

(3)

Except as provided for in this Section, amendments to change the boundaries of a Chesapeake Bay Critical Area Overlay Zone shall be approved by the District Council in accordance with the provisions of this Subdivision for initial approval. Amendments of Chesapeake Bay Critical Area Overlay Zones shall also be subject to Section 27-213.13, and shall be subject to approval by the Chesapeake and Atlantic Coastal Bays Critical Area Commission subsequent to approval by the District Council.

(b)

Applications.

(1)

In general.

(A)

An application shall be filed with the Planning Board by the owner (or authorized representative) of the property. The District Council may suspend the filing of applications for up to one (1) year, if it determines that it is appropriate for any statutory zoning purpose.

(B)

All applications shall be on the forms provided. All information shall be typed, except for signatures.

(C)

If two (2) or more pieces of property are included in one (1) application, they must be adjoining. Separate applications are required for each property if they are not adjoining. In this Section, the word "adjoining" shall include those properties which are separated by a public right-of-way, stream bed, or the like.

(2)

A complete application consists of :

(A)

A completed application form including:

(i)

The name, address, and telephone number of the applicant, and an indication of the applicant's status as contract purchaser, agent, or owner (to include the contract purchaser if any);

(ii)

The existing and requested zoning overlay of the property (including any requested changes in underlying zones);

(iii)

The street address of the property; name of any municipality the property is in; name and number of the Election District the property is in;

(iv)

The total area of the property (in either acres or square feet);

(v)

The property's map, lot and block numbers, subdivision name, plat book and page number, if any; or a description of its acreage, with reference to liber and folio numbers;

(vi)

The name, address, and signature of each owner of record of the property; and

(vii)

The names, addresses, map and parcel or lot number of all adjoining property owners, and each municipality if any part of the property in the application is located within the municipal boundaries, or is located within one (1) mile of the municipality.

(B)

Applications for property owned by a corporation shall include:

(i)

The name, address, and telephone number of the officer(s) of the corporation;

(ii)

A statement listing the names and the business and residential addresses of all individuals having at least a five percent (5%) financial interest in the subject property;

(iii)

A statement listing the officers of the corporation, their business and residential addresses, and the dates on which they assumed their respective offices. The statement shall also list the current Board of Directors, their business and residential addresses, and the dates of each Director's term. An owner that is a corporation listed on a national stock exchange shall be exempt from the requirement to provide residential addresses of its officers and directors;

(iv)

A statement containing the names and addresses of those individuals owning at least five percent (5%) of the shares of any class of corporate security including stocks and serial maturity bonds (except one listed on a national stock exchange);

(v)

The names and addresses of all adjoining property owners, and each municipality if any part of the property in the application is located within the municipal boundaries, or is located within one (1) mile of the municipality; and

(vi)

Be signed by an officer empowered to act for the corporation and signed by the contract purchaser if any.

(C)

Eight (8) copies of an accurate plat, prepared, signed, and sealed by a registered engineer or land surveyor. The plat shall show:

(i)

The present configuration of the property, including bearings and distances (in feet);

(ii)

The names of owners of record, map or subdivision, lot and block numbers, of all adjoining properties;

(iii)

The name, location, distance to the center line, and right-of-way width of all abutting streets. If the property is not located at the intersection of two (2) streets, the distance to, and the name of, the nearest intersecting street shall be indicated;

(iv)

The subdivision lot and block numbers of the subject property (if any);

(v)

A north arrow and scale (not smaller than one (1) inch equals four hundred (400) feet);

(vi)

The total area of the property (in either square feet or acres);

(vii)

The location of all existing buildings on the property; and

(viii)

The subject property outlined in red.

(D)

Four (4) copies of the appropriate Zoning Map page on which the property is plotted to scale and outlined in red with proposed zoning.

(E)

Eight (8) copies of a Conceptual Conservation Plan of any proposed development. The Conceptual Conservation Plan shall include all elements of a Conservation Plan as outlined in 5B-110(d) including the following:

(i)

Proposed Chesapeake Bay Critical Area (CBCA) Overlay Zone and proposed boundaries for all parcels or lots;

(ii)

Location of a new Intensely Developed Overlay or a Limited Development Overlay in a Resource Conservation Overlay at least 300 feet beyond the landward edge of tidal wetlands or tidal waters.

(F)

A Natural Resource Inventory (NRI), prepared in conformance with the Environmental Technical Manual;

(G)

An environmental report demonstrating that the project will be designed and can be constructed so as to comply with all requirements of the proposed CBCA classification. The environmental report shall include, at a minimum, the following:

(i)

Project description;

(ii)

Subdivision history since December 1, 1985 in the Chesapeake Bay Critical Area (CBCA);

(iii)

A narrative describing the project type and use(s), including industrial, residential, commercial, institutional, or port-related, as it relates to the need to change the CBCA classification, and which describes how the growth allocation supports the planning goals of all applicable master plans and functional master plans, it optimizes benefits to water quality through clustering, woodland conservation, and use of best management practices for stormwater management and erosion and sediment control, including reference to the relevant sections of the Zoning Ordinance;

(iv)

Total acreage in the CBCA;

(v)

Total acreage in the proposed CBCA Overlay Zone

(vi)

Total forest woodland and vegetated areas existing and acreage proposed to be cleared;

(vii)

Calculations of required mitigation for clearing of woodland and vegetated areas;

(viii)

The minimum 15 percent afforested areas in the CBCA;

(ix)

Method and description of proposed stormwater quality and quantity management;

(x)

Compliance with the 10% pollutant reduction rule in the Intensely Developed Overlay, including worksheets and all supporting documentation;

(xi)

Soil erosion and sediment control measures and implementation strategies;

(xii)

The existing and proposed lot coverage calculations as defined in section 27.107.01 of the Zoning Ordinance, calculated by square footage of the Zoning lot coverage per lot and for the site as a whole;

(xiii)

The existing and proposed CBCA lot coverage calculations as defined in Subtitle 5B.103 of the Zoning Ordinance, calculated by square footage of the CBCA lot coverage for each lot and for the site as a whole;

(xiv)

The underlying zoning district and description of primary use;

(xv)

Preliminary review and comments from the appropriate units of the Department of Natural Resources, Maryland Department of the Environment and the Army Corps of Engineers for existing resources on the project site.

(xvi)

A Buffer Management plan if:

(aa)

A Buffer is required to be established on the development site as a condition of the development,

(bb)

A proposed development activity impact to the Buffer, or

(cc)

The removal of woodland or vegetation, including invasive species management, in the Buffer is proposed;

(xvii)

The Buffer Management Plan must show at minimum:

(aa)

Existing vegetation within the Buffer;

(bb)

Any vegetation in the Buffer that is proposed to be removed;

(cc)

The location and square feet of disturbance in the Buffer associated with a development activity;

(dd)

A proposed planting plan showing the plantings required to establish the Buffer or as mitigation for proposed impacts including the size, species and location of all proposed plantings;

(ee)

Any written descriptions, specifications, easement, or other protective agreement necessary to ensure implementation of the Buffer Management Plan including bonding to ensure long-term maintenance of vegetation in the Buffer and recorded easement to ensure long-term protection.

(xviii)

A Habitat Protection Plan if the proposed development will impact an identified Habitat Protection Area with specific language that:

(aa)

Provides for the protection and conservation of any identified habitat or species as set forth in COMAR 27.01.09 on the project site; and

(bb)

Includes all protective measures necessary and appropriate to provide for long-term conservation of the identified habitat and species;

(cc)

Requires the plan be based on consultation and comments provided by the Department of Natural Resources and other appropriate federal and State agencies.

(H)

Three (3) copies of a typewritten statement of justification in support of the request. The statement shall set forth the legal basis by which the requested amendment can be approved, and factual reasons showing why approval of the request will not be detrimental to the public health, safety, and welfare. This statement may be accompanied by three (3) copies of any material which (in the applicant's opinion) is necessary to clarify or emphasize the typewritten statement. This additional material, if not foldable, shall be not larger than eighteen (18) by twenty-four (24) inches;

(I)

Additional information as deemed necessary by the Planning Board or designee to evaluate the proposal.

(c)

Procedure.

(1)

After the application is accepted, it shall be distributed to all appropriate referral agencies, and Department of the Environment, Department of Natural Resources, Maryland Historical Trust, Army Corps of Engineers and the Technical Staff, and processed in accordance with Section 27-213.13, and in accordance with the provisions of this Section.

(2)

Referral to Historic Preservation Commission.

(A)

When a historic resource included on the Adopted and Approved Historic Sites and Districts Plan is located on the subject property, the application shall be referred to the Historic Preservation Commission, at time of initial distribution of application.

(B)

The Historic Preservation Commission shall submit its comments and recommendations for the record within forty five (45) days prior to the Planning Board hearing. Failure of the Historic Preservation Commission to submit a recommendation within this time period shall constitute no objection to the approval of the Map Amendment, as requested.

(d)

General publication.

(1)

Within ten (10) days after the end of each month, the Planning Board shall provide a list of all Map Amendment applications filed during that month, arranged according to Election District. The list shall set forth the name of the applicant, the size and description of the property, and the existing and proposed zoning classifications (both overlay and underlying) of the property. The Planning Board shall make the list available free of charge (on an individual and subscription basis) but may establish a fee for mailing the list to cover the costs of postage and handling.

(2)

One copy of the list described in this Subsection shall be mailed by the Planning Board on a subscription basis without charge to every municipality as well as any homeowners, neighborhood, civic, or similar association within a one mile radius of the project that is the subject of the application.

(e)

Transmittal(s).

(1)

At least thirty (30) days prior to the public hearing, the application, plans, maps, specifications, Technical Staff Report, and all other data, materials, and record evidence (to date) pertaining to the requested Map Amendment shall be sent by the Planning Board to the District Council.

(2)

At least thirty (30) days prior to the Planning Board hearing, a copy of the Map Amendment application, the Conceptual Conservation Plan and map shall be sent to the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays for their initial review and comment.

(f)

Public examination.

(1)

At least thirty (30) days prior to the public hearings, the original Map Amendment application file shall be available for public examination in the Office of the Clerk of the Council, and a copy of the file shall be available for public examination in the Planning Director's office. This file may be reviewed by anyone, and copies of its contents may be obtained at reasonable cost.

(g)

Technical Staff Report.

(1)

In connection with each application, a report by the Technical Staff shall be submitted to the Planning Board for its review. The Report shall contain the following:

(A)

The staff's recommendation;

(B)

A delineation of the approximate area of the neighborhood, which shall be shown on either a Zoning Map, aerial photograph, or sketch map;

(C)

A description of land use and zoning in the neighborhood;

(D)

In cases where the staff recommends an overlay zone different than that requested, an analysis of the alternative overlay zone recommended; and

(E)

Comments from the Critical Area Commission and other referral agencies or departments that are relevant to the project.

(2)

The Technical Staff Report shall be sent to all persons of record, and all other persons who request (in writing) a copy of the report. A copy of the report shall be included in the record.

(3)

The Technical Staff Report shall advise the reader that a hearing before the Planning Board will not be held unless the Board notifies all persons listed under paragraph (2), above.

(4)

The Technical Staff Report shall contain the date of the Planning Board meeting during which the Board will decide whether to hear the case.

(h)

Planning Board procedures.

(1)

The Planning Board shall decide whether it will hold a hearing on each case (after receiving the Technical Staff Report).

(2)

If the Board does not decide to hear a case within fifteen (15) days after the Technical Staff Report has been publicly released (or at its first meeting after its release if none had occurred within the fifteen (15) days), the Technical Staff's recommendation shall constitute the Planning Board's recommendation. In this event, the report shall immediately be transmitted to the District Council, together with the application and all other record material.

(3)

If the Board decides to hear the case, it shall set a hearing date which shall be at least thirty (30) days after deciding to hear the case. The Board shall notify (in writing) all persons of record, and all other persons who requested (in writing) a copy of the Technical Staff Report, of the hearing date.

(4)

Prior to or at the Planning Board's hearing, the applicant and any other person may submit written responses to the Technical Staff Report, together with any supporting material. If it is not foldable, the material shall be not larger than eighteen (18) by twenty-four (24) inches. The responses shall become a part of the record that will be forwarded to the District Council.

(5)

The following procedures shall be observed at the Planning Board:

(A)

No one shall present evidence after the hearing is concluded, unless a rehearing is ordered;

(B)

All hearings shall be open to the public;

(C)

The Planning Board shall make its recommendation only on the basis of the record before it;

(D)

Any action shall be by a resolution adopted at a regularly scheduled public meeting;

(E)

The resolution shall be transmitted to the District Council, together with the original application and all other record material pertaining to the Zoning Map Amendment application;

(F)

Copies of the minutes of the Planning Board hearing shall be available for public inspection. The minutes may be copied by anyone during normal working hours; and

(G)

Upon recommending approval of an application for growth allocation, the Planning Board shall forward a copy of the Resolution to the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays.

(i)

Zoning Hearing Examiner hearing procedures.

(1)

The Zoning Hearing Examiner shall conduct a public hearing, in accordance with Part 3, Division 1, Subdivision 2, of this Subtitle.

(j)

District Council hearing (oral argument) procedures.

(1)

The District Council shall hold a public hearing (including an oral argument) in accordance with Part 3, Division 1, Subdivision 3, of this Subtitle.

(2)

Upon their approval of an application for growth allocation, the District Council shall within 10 working days after the date of issuance, forward a Notice of Intent to award growth allocation for the project to the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays for approval. The Notice of Intent must include a statement regarding how the provisions of Section 27.213.13(b)(1) have been met and all of the components of the complete application.

(3)

Approval of the growth allocation by the District Council does not constitute approval of a Conservation Plan. A separate Conservation Plan application in conformance with Subtitle 5B is required prior to permit issuance.

(CB-72-1987; CB-57-1989; CB-95-1991; CB-86-1992; CB-14-1998; CB-15-1998; CB-41-2002; CB-12-2003; CB-1-2004; CB-76-2010)