§ 5B-115. Resource Conservation Overlay (R-C-O) Zones.

(a)

Regulations. Additional regulations of the underlying zones, in addition to those contained herein, shall also apply in the R-C-O Zones.

(b)

Density. The density shall not exceed one dwelling unit per twenty (20) acres of gross tract area, except as otherwise specified in 5B-113(f).

(c)

Uses. The uses allowed in the R-C-O Zone are the same as those allowed in the underlying zones in which the land is classified, except as otherwise specified in Subtitle 27-548.16

(d)

General Policies. New or expanded development or redevelopment in R-C-O Zones shall take place in such a way as to:

(1)

Conserve, protect and enhance the overall ecological values of the Critical Area, its biological productivity and its diversity;

(2)

Provide adequate breeding, feeding and wintering habitats for those wildlife populations that require the Chesapeake Bay, their tributaries or coastal habitats in order to sustain populations of those species;

(3)

Conserve the land and water resource base that is necessary to maintain and support land uses such as agriculture, forestry, fisheries activities and aquaculture; and

(4)

Conserve the existing developed woodlands and forests for the water quality benefits that they provide.

(5)

Ensure that the overall acreage of forest and woodland within the R-C-O does not decrease.

(e)

Development standards. An applicant for a development activity shall meet all of the following standards of environmental protection in the R-C-O Zone:

(1)

Land use management practices shall be consistent with the policies, standards and criteria for Section 5B-102 Agriculture, Section 5B-119 Woodland Protection and Planting and Section 5B-120 Habitat Protection of this Subtitle.

(2)

Agricultural and conservation easements shall be promoted in the R-C-O zone.

(3)

All development sites that are within the designated network of the Countywide Green Infrastructure Plan shall incorporate a wildlife corridor system that connects the largest undeveloped or most vegetative tracts of land within and adjacent to the site in order to provide continuity of existing wildlife and plant habitats with offsite habitats. The wildlife corridor system may include Habitat Protection Areas identified in this Subtitle. The wildlife corridors shall be included and identified on the Conservation Plan. The maintenance of the wildlife corridors shall be ensured by the establishment of conservation easements.

(4)

For the cutting or clearing of trees in natural or developed woodland areas in current, planned or future activities in the R-C-O Zone, the following shall be addressed:

(A)

Development activities shall be designed and implemented to minimize the destruction of woodland vegetation;

(B)

Provisions for protection for natural and developed woodlands identified shall be provided;

(C)

The total acreage of natural and developed woodlands shall be maintained or preferably increased to the fullest extent practicable; and

(D)

Mitigation for woodland impacts shall be within the Critical Area.

(5)

For the alteration of natural and developed woodlands in the R-C-O, the following requirements shall apply:

(A)

All woodlands that are allowed to be cleared or developed shall be replaced in the Critical Area on not less than an equal area basis;

(B)

No more than 20 percent of any natural or developed woodland may be removed from forest use, except as provided in paragraph (4) below. The remaining 80 percent shall be maintained through conservation easements; and

(C)

Developed woodlands shall be preserved and/or restored to the greatest extent practicable.

(6)

For replacement of natural and developed woodlands, if more than 20 percent is to be removed from forest use, an applicant may clear or develop not more than 30 percent of the total forest area provided that the afforested area shall consist of 1.5 times the total surface acreage of the disturbed forest or developed woodland area, or both.

(7)

Clearing in excess of 30 percent of a natural or developed woodland is prohibited without a variance.

(8)

In addition, applicants shall adhere to the following criteria for forest and woodland development:

(A)

At time of permit issuance, the permittee shall post a bond with DPW&T in an amount equivalent to the cost of completion of the planting requirements for the R-C-O Zone.

(B)

Forests which have been cleared before obtaining a grading permit or that exceed the maximum area allowed in subsection (7) above shall be replanted at three times the areal extent of the cleared forest;

(C)

If the areal extent of the site limits the application of the reforestation standards in this section, alternative provisions or reforestation guidelines may be permitted in accordance with Section 5B-119 Woodland Protection and Planting of this Subtitle. Alternative provisions must conserve, enhance, or increase the natural and developed woodland resources of the Critical Area. Alternative provisions may include fees-in-lieu provisions or use of an off-site conservation bank if the provisions are adequate to ensure the restoration or establishment of the required woodland area;

(D)

If less than 15% natural or developed woodland exists on the proposed development site, the site shall be planted to provide a natural or developed woodland cover of at least fifteen percent (15%);

(E)

All forests designated on a Conservation Plan shall be maintained to the extent practicable, through conservation easements;

(F)

The applicant shall designate, subject to the approval of the County, a new forest area on a part of the site not forested; and

(G)

All forests designated on a Conservation Plan shall be maintained, and to the extent practicable protected through conservation easements.

(9)

Applicants shall adhere to the following standards for development on steep slopes. Development on slopes 15 percent or greater, as measured before development, shall be prohibited unless the project is the only effective way to maintain or improve the stability of the slope and is consistent with the policies and standards for R-C-O Zones set forth above and with the provisions below.

(A)

Consistent with an approved Forest Management Plan, if applicable;

(B)

Consistent with an approve Surface Mining Permit, if applicable; and

(C)

Consistent with an approved Soil Conservation and Water Quality Plan, if applicable.

(10)

Critical Area lot coverage shall be limited to 15 percent of the site.

(11)

Conservation plans and associated development plans may propose modifications in road standards on a case-by-case basis to reduce potential impacts to the site, reduce total lot coverage in the Critical Area, and limit impacts to Critical Area resources, where the reduced standards do not significantly affect safety.

(f)

Calculation of 1-in-20 acre density of development. In calculating the 1-in-20 acre density of development that is permitted on a parcel located within the R-C-O zone:

(1)

Each dwelling unit shall be counted;

(2)

The area of any private wetlands located on the property may be included under the following conditions:

(A)

The density of development on the upland portion of the parcel may not exceed one dwelling unit per eight acres; and

(B)

The area of private wetlands shall be determined by an approved wetland study.

(CB-75-2010)