§ 27-371.01. Marinas and marina expansions.

(a)

New marinas may be permitted, subject to the following:

(1)

The use is not located within the Buffer in any Resource Conservation Area;

(2)

The use shall comply with the sanitary requirements of the State Department of Health and Mental Hygiene, as required in Code of Maryland Regulations 10.17.02, and all other State and local Chesapeake Bay Critical Area regulations;

(3)

A means of minimizing the discharge of bottom wash waters from dry dock facilities into tidal waters shall be established;

(4)

It shall be demonstrated that there will be adequate all-weather access from the landward side to accommodate all proposed facilities;

(5)

It shall be demonstrated that there will be safe boating access from the marina to cruising waters;

(6)

The facilities shall be in conformance with the locational requirements set forth in the Master Plan, if applicable;

(7)

Only those facilities that require access to the water may be located within the Buffer;

(8)

To the extent possible, wetlands shall be preserved, and development shall be located in the upland areas;

(9)

Significant fish spawning grounds and shellfish harvesting areas shall be protected;

(10)

An economic feasibility study that justifies the uses, size, and types of boats that are included within the facility shall be submitted with the application;

(11)

The boundaries of water and land which will receive ingress and egress of boats or similar waterborne vehicles associated with the marina shall be shown in the application submittals;

(12)

Prior to the issuance of a building permit, evidence that the required State and federal permits and approvals have been addressed shall be placed in the County's official Special Exception file;

(13)

It shall be demonstrated that the use will not adversely affect water quality;

(14)

The use is water-dependent, pursuant to the definition of water-dependent uses set forth in COMAR 14.15.03.01 and the criteria of COMAR 14.15.03.04.B, or, if the use is not water-dependent, structures or activities shall be located outside the Buffer insofar as possible;

(15)

The use meets a recognized public or private need;

(16)

Adverse effects on water quality and on fish, plant, and wildlife habitats are minimized;

(17)

The use is consistent with the approved Master Plan for the area;

(18)

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

(19)

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

(20)

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

(21)

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

(22)

Dredged spoil will not be placed within the Buffer or elsewhere in that portion of the Chesapeake Bay Critical Area Overlay Zones which has been designated as a Habitat Protection Area, except as necessary for:

(A)

Backfill for permitted shore erosion protection measures;

(B)

Use in approved vegetated shore erosion projects;

(C)

Placement on previously approved channel maintenance spoil disposal areas; and

(D)

Beach nourishment; and

(23)

Interference with the natural transport of sand will be minimized.

(b)

Existing marinas may be expanded, subject to the following:

(1)

The use shall be in compliance with the above requirements for new marinas; and

(2)

It shall be demonstrated that the expansion will result in an overall net improvement in water quality.

(CB-72-1987; CB-57-1989)