Town Code & Ordinances Code — ORD-23-02

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ORDINANCE NO. 23.02

Introduced by: Commissioner Thomas B. Willis, Jr.

AI\ ORDINANCE OF TIIE TOW]\I OF QUEENSTOW]I TO AMENI)

ARTICLE IV,

PART rII OF TIIE QUEENSTOWII ZONTNG ORDINAI\CE

(CRITICAL

TITLED, AREA OVERLAY DISTRICT" TO COMPLY WITH

AMENDMENTS TO THE NATURAL RESOURCES ARTICLE

WHEREAS, Md. Code Ann. Land Use Article S 4-202 authorizes municipalities to adopt zoningregulations as it determines are in the public health, safety and welfare; and WHEREAS, in accordance with Md. Code Ann. Natural Resources Article $ 8-1808, the Town of Queenstown has adopted a Critical Area Program, which is set forth in Article IV, Part III of the Queenstown ZoningOrdinance, titled "CA Critical Area Overlay Districf'; and

WHEREAS, pursuant to Md. Code Ann. Natural Resources Article $ 8-1809(9), each local jurisdiction is required to review its Critical Area Program and propose any necessary amendments at least every six (6) years; and WHEREAS, the Queenstown Planning Commission undertook the necessary review and proposed necessary amendments to the Critical Area Program which were submitted to the Critical Area Commission for review; and

WHEREAS, the Commissioners of Queenstown held a duly advertised public hearing on the amendments to the Critical Area Program on May 24,2023; and WHEREAS, the Queenstown Planning Commission and the Commissioners of Queenstown have determined that the amendments set forth herein are consistent with the Town's planning goals and objectives set forth in the Town's Comprehensive Plan and the standards sets

forth in Md. Code Ann. Natural Resources Article $ 8-1808(b)(1) throueh (3).

NOW THEREFORE, ,BE IT ORDAINED BY THE COMMISSIONERS OF

QUEENSTOWN AS FOLLOWS:

Section The Queenstown Zonrng Ordinance, Article II, Section 8 is hereby amended as follows:

$ 8. Definitions and word usage.

COMMUNITY PIERS - ne* eeeHne faeilities ffis residentiat arees; arrd wi*i ee ie* [Community pier" has the meaning stated in Natural Resources Article, $8-1808.5(a), Annotated Code of Maryland.l PORT - * Ae+ity er area estaUtl [AfacilityorareaestablishedordesignatedbytheState or a jurisdiction for the purpose of water-borne commerce.l

Section 2. The Queenstown ZontngOrdinance, Article IV, Part III,

Section 3l is hereby ,. amended as follows:

31. Land Use and Density.

$ A.

Permitted Uses l.

Permitted uses in the Critical Area shall De limited to those uses allowed by the underlying zoning classification as modified by Table Ala and the supplernental use standards in $32 provided such uses meet all standards established for the Critical Area Overlav District.

Table Al a Permitted Uses

LEGEND:

P - Permitted if allowed in the underlying zoning district PC - Permitted with conditions if allowed in the underlying zoning Land Use district Management NP - Not permitted Designation

TTEM USE DBSCRIPTION IDA LDA RCA

1.00 RESIDENTIAL

1.10 Accessory Dwelline Unit P P PC

2.00 TNSTITUTIONAL

2.r0 Existing institutional uses P P PC 2.20 New institutional uses P P NP 2.30 Cemetery P P PC 2.40 Group Home P P PC 2.50 Day Care P P PC

3.00 COMMERCIAL

3.10 Existing commercial uses P P PC 3.20 New cofirmercial uses P P NP 3.30 Home occupation P P PC 3.40 Bed and breakfast facility P P PC

4.00 MARITIME/WATER DEPENDENT

a\l

4. 10 Expansion of existing commercial marinas [(See Section P P PC

a\l 4.20 New marina, commercial [(See Section P P NP 4.30 Community piers and noncommercial boat docking and storage P P PC Public beaches and public water-oriented recreational and educational 4.40 areas [(See Section 42)l P P PC 4.50 Research Areas [(See Section 42)l P P PC 4.60 Fisheries activities [(See Section 42)l P P P 4.70 Structures on Piers PC PC PC 4.80 Private pier [(See Section 42)l P P P

5.00 RECREATION

5.10 Golf course P P PC

6.00 TNDUSTRIAL

6.10 Existing industrial uses P P PC 6.20 New industrial uses P PC NP 6.30 Non-maritime heavy industry P NP NP

UTILITIES

7.10 Utility transmission facilities PC PC PC

8.00 PUBLIC/QUASI-PUBLIC

8.10 lea{ary landfill; rubble fill PC PC PC 8.20 Solid or hazardous waste collection or disposal facilities PC PC NP 8.30 Sludge Facilities PC PC NP 3.

Section The Queenstown ZornngOrdinance, Article IV, Part III, Section 32 is hereby amended as follows:

$ 32. Supplemental Use Standards.

Expansien ef existing eerrrnseial marinas may be ptrmitted w:thin Reseur€€ enYirenmen+roe is €hspt€r.

b, r\dverse effeets enwater qndity; fish; plant arrd wirdlife habitat are iens the+uftr*nd is €hnpt€ft l, New eemmereial marinas shall net be psmitted in Reserree €enservatien rleeas

(R€A+

ing ze"ingrfr€{rid€+ b, New marinas meet the saritary requirefirents ef the Deparbrrrent ef th€ Enri*enmen# e, New marines may be permitted in the Bnffer in tlre Intensely DevelepC tteeas ane fimitee Bevetep ;

impaets;+nd iens eu+side*e€'utren l{, gernrnw*ty piers me nen l, New er elrparded eernrrnxrit'marinas and ether nen eemmereial beat-.deekir€ in @ e, The faeilities are asseeieted with a residential develepment afpreved by the Tewn fer the edtied rleea arC eensistent with all State reqr*irements ;

@ t Th u e nurnbe ef slips er -iss psmittC at the fasility shdl be ths lesser ef $a er $b b, r\ density ef slips er piers te pletted lets er dwellings rvithin the snbdivisien in fte eritieal4rea ae€e Dl^14t 1 f ^4^ ^- h--'^ll!*^o .5,t 3- 4l^^ f-3+2^^l A Slips ffi Hp+e+s 14 4.9 1tr F' trO/ ---1^: ^L o^ 4l t00 1n tr AO / --,L: ^L +0-H Fr ( A ,-t '-, <O /- r- r1^ i r-l^ o. r ot l n b t- ^ *.nttl.

sv€r€09 1< 1 trO/ -,,L.i ^L b t, PuUtie Ueaenes anA puUl l, Publie beaehes er ethq publie watq eriented reereatien er Cneatien af,eas ;

b, Serv:ee faeilitie^ sre; te the extent pessible; leeatC eutside the Buffq;

e, Peffneable sr#faees are r*sC te the erFtent praetieeble; if ne degradatien ef @;

d, Disturbanee te natural vegetatien is minimized arrd Best Mana8ement i€es trapping; and fe- edneatien; may be psmitted in the Buffer within ffi @ l, Wats deperdmt researeb fasilities er astivities epsated by State; Fedsal; er watq dependmt struetures er fasilities asseeiatC rvith these prqieetsare;te the l, eenrnseial watq dependent fisheries ineluding; bnt ret limited te strustures for

L. @

I-

E*eept as previded in $(l); $(2); and $(3) belew; eenstruetien ef dwelling nnit er @ ing rmit er ether nen water depmdent strueture en a pier leeatC en State er priv*e wetlanes w:*in *e g+ fu permit weei'sued by +affiaqF+flg8+ b, l\ bnildirg permif for a prejeet invelvir€ the eenstruetien ef e dwellir€ rmit er ether nen water dependent strueture en e pier leeeted en State er eenditiens-e*is+:

and ine water eeverege eliminated ean be eensidered er{y if all pro eri e.

r\ building permit fer the repair ef an e*isting dwelling rmit er ether nen water dependent strueture en a pier leeatC en State er privete wetlands iens pre ffi te'rrn adverse effeet en the water qnelity ef tlre edjaeent bedy ef wat€ri iffipre+lec;trd MlFl. Golf course (5.10) 1.

A golf course, excluding main buildings and/or structures such as the clubhouse, pro-shop, parking lot, etc., may be permitted in Resource Conservation Areas (RCAs) provided:

Such use is a permitted use allowed in the underlying zoning district; and b.

Development is in accordance with the official guidance adopted by the Critical Area Commission on August 3,2005.

N[G.] Existing industrial uses (6.10) l.

Existing industrial facilities and uses, including those that directly support agriculfure, forestry, or aquaculture may be permitted in Resource Conservation Areas (RCAs).

Expansion of existing industrial facilities and use in the Resource Conservation Area shall be subject to the non-conforming use provisions of this Chapter and the Grandfathering provisions in $ 34 and may require growth allocation.

elfl.

New industrial uses (6.20) l.

New industrial uses shall not be permitted in Resource Conservation Areas (RCA).

New, expanded or redeveloped industrial facilities may only be permitted in Limited Development Areas (LDA) if permitted uses in the underlying zoning district and provided such facilities meet all requirements for development in the LDA.

New, expanded or redeveloped industrial or port-related facilities and the replacement of these facilities may be permitted only in those portions of Intensely Developed Areas (IDAs) that have been designated as Buffer Management Areas.

P[{.

Non-maritime heavy industry (6.3) 1.

Non-maritime heavy industry may be permitted if:

The site is located in an Intensely Developed Area (IDA); and b.

The activity or facility has dernonstrated to all appropriate local and State permitting agencies that there will be a net improvernent in water quality to the adjacent body of water.

QUl. Utility transmission facilities (7.10) 1.

Utility transmission facilities, except those necessary to serve permitted uses, or where regional or interstate facilities must cross tidal waters, may be permitted in the Critical Area provided:

The facilities are located in Intensely Developed Areas (IDAs); and b.

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 provisions do not include power plants.

RIKI. Sanrtary landfill; rubble fill (8.10) l.

Sanitary landfills or rubble fills may not be permitted in the Critical Area unless no environmentally acceptable alternative exists outside the Critical Area, and these development activities or facilities are needed in order to correct an existing water quality or wastewater management problern.

2. Existing, permitted facilities shall be subject to the standards and requirements of

the Department of the Environment.

S[Ll.

Solid or hazardous waste collection or disposal facilities (8.20) l.

Solid or hazardous waste collection or disposal facilities, including transfer stations may not be permitted in the Critical Area unless no environmentally acceptable alternative exists outside the Critical Area, and these development activities or facilities are needed in order to correct an existing water quality wastewater management problem.

2. Existing, permitted facilities shall be subject to the standards and requirements of

the Department of the Environment.

TlMl. Sludge Facilities (8.40) l.

Permanent sludge handling, storage and disposal facilities, other than those associated with wastewater treatment facilities may be perrnitted in the Critical Area provided:

The facility or activity is located in an Intensely Developed Areas; and b.

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.

Agricultural or horticultural use of sludge under appropriate approvals when applied by an approved method at approved application rates may be permitted in the Critical Area, except in the 100 foot-Buffer.

Section The Queenstown Zonng Ordinance, Article IV, Part III, Section 42 is hereby amended as follows:

42.

Water-Dependent Facilities and Activities.

S

A. Definition.In this section, the following term has the meaning indicated.

Term Defined Water-Dependent Facility or Activity.

(a) rfWater-dependent

facility or activity" means a strucfure or activity that, by reason of its intrinsic nature or operation or because of its association with an industrial, maritime, recreational, educational, aquaculture, or fishery activity, is dependent on the water and requires location at or near the shoreline or in the buffer.

(b) "Water-dependent facility or activity" includes:

(1) A port;

(2) An intake or outfall strucfurel

(3) A marina, another boat-docking facility, or a structure or

activity that is essential to the operation of the water-dependent facility, structure, or activity;

(4) A fuel pump or other feel-dispensing equipment on a pier, a

sanitary sewage pump or other wastewater removal equipment on a pier, and an oflice on a pier for managing marina operations, such as monitoring vessel traffic, registering vessels, providing docking serviceso and housing electrical or emergency equipment related to marina operations;

(5) A public beach and any other public water-oriented recreation areal and (6) Any other water-dependent facility or activity that supports water quality restoration in the Chesapeake Bayo the Aflantic Coastal Bays, or their watersheds.

Applicability. The provisions of this Chapter do not apply to:

A private pier that:

(a) Is installed or maintained by a riparian landowner; and (b) Is not part of a residential project that provides a community pier or other community boat-docking or storage facility under the following subsection H; or (c) A nonwater-dependent project covered under COMAR 27.01.13.

(d) The requirements of COMAR 27.01.02 apply to this chapter.

Policy.

Queenstown shall:

Limit development activities in the buffer, specified in COMAR 27.01.09, to those that are water-dependent; and 2.

Provide design and locational criteria to assure that a water-dependent facility or activity has minimal individual and cumulative impact on water quality, fish, wildlife, and plant habitat in the Critical Area.

General Criteria.

1. Per Natural Resources Article, $8-1808.3, Annotated Code of Maryland,

Queenstown shall limit development in the buffer to the minimum lot coverage necessary to accommodate each water-dependent faciHty or activity;

2. Except as otherwise provided in this Chapter, Queenstown may approye a

water-dependent facility or activity in the buffer of an intensely developed area or a limited development area if:

(a) The facility or activity is water-dependentl (b) The facility or activity meets a recognized private right or public need;

avoided or, if unavoidable, minimized; and (d) Thaf insofar as possible, a nonwater-dependent project associated with the water-dependent facility or activity is located outside the buffer;

(e) Impacts to fish, wildlife, or plant habitat are avoided, or if unavoidable, minimized; and

(D

Mitigation is provided at a minimum ratio of L:l based on the square footage of canopy coverage removed.

Except as otherwise authorized in this Section, Queenstown may not approve a water-dependent facility or activity in the buffer of a resource conservation area;

Queenstown may not approve the placement of dredged material in the buffer or a portion of the Critical Area that has been designated as a habitat protection area, except as necessary for:

(a) A beneficial use approved by the Board of Public Works or the

Department of the Environment, such as:

(1) Backfill for a shoreline stabilization measure;

@ Use in a nonstructural shoreline stabilization measure, including a living shoreline;

(3) Beach nourishmentl (4) Restoration of an island;

(5) The creation, restoration. or enhancement of a wetland, or a fish, wildlife, or plant habitat; or (6) Any other approved beneficial use; or

(b) Placement in an approved area to dispose of channel maintenance

dredged material before June 11, 1988; and 5.

Queenstown shall ensure:

(1) The avoidance, or, if unavoidable, the minimization of impacts to fish, wildlife, or plant habitat; and (2) Mitigation at a 1:1 ratio based on the square footage of the area of the canopy coverage removed.

General Requirements for the Location of Water-Dependent Facilities or Activities.

The provisions of this section are in addition to the provisions of the preceding subsections D.

Per the provisions of this Chapter and in conjunction with, as appHcable, the Departments of Agriculture, the Environment, and Natural Resources, and any other appropriate federal or State agency, Queenstown has developed regulations for the approval of an area as suitable for the location of a new or expanded water-dependent facility or activity.

3. In developing the plan required under subsection 2, Queenstown documented

how each of the following siting factors is accorded due consideration:

(a) The impact on the water body upon which the water-dependent facility or activity is proposed that would likely result from the approval of that location, including:

(1) Alteration of an existing water circulation pattern or salinity

regime;

@ Adequacy of area flushing characteristics;

(3) Necessity of, and proximity to, a dredping operation; and (4) Interference with the nafural transport of sand;

(b) Disturbance to:

(1) An oyster harvest area, as defined in COMAR 08.02.04.11;

@ An area covered in a current aquaculture lease, as de{ined in Natural Resources Article, S4-11A-01, Annotated Code of Maryland;

(3) A harvest reserye area, as designated under Natural Resources Article, Annotated Code of Maryland;

$4-1009.1,

(4) An oyster sanctuary, as established in COMAR 08.02.04.154;

and

(5) Any other shellfish located in a shellfish area regulated by the

Department of Natural Resources;

habitat resulting from the method or manner of dredging; and (d) Avoidance or, if unavoidable, ninimization of (1) Disturbance to:

(D

A wetland;

(ii) Submergedaquaticvegetationl (iiD A habitat of threatened or endangered species or species in need of conservafion;

(rv) Following COMAR 26.08.02.04-1, a water body identified by the Department of the Environment as a Tier II, high-quality water body and its watershed; and (v) A nontidal wetland of special State concern, as set forth in COMAR 26.23.01.01 and .04 and COMAR 26.23.06.0L; and (2) Adverse impact on water quality that would likely result from the facility or activity, such as nonpoint source runoff, sewage

discharge, or other pollution related to vessel maintenance.

Industrial and Port-Related Water-Dependent tr'acilities and Activities.

The provisions of this subsection are in addition to the provisions of the preceding subsections D and E.

Queenstown may approve the development of an industrial or port-related water-dependent facility or activity that is located in an intensely developed area under the provisions of COMAR 27.01.09.01-8 that:

(a) Has been designated as a modified buffer area.

Commercial Marinas and Other Water-Dependent Commercial Maritime Facilities and Activities (4.20).

The provisions of this subsection are in addition to the provisions of the preceding subsections D and E.

Queenstown shall require that the operation of each commercial marina and each related commercial maritime facility or activity complies with:

(a) The requirements of COMAR26.08.04.09 and, as applicable, COMAR 26.24.04.03; and (b) The stormwater, wastewater, noncontact cooHng water discharge, and any other appHcable requirements of the Department of the Environment.

3. Queenstown may approve:

(a) The development of a commercial marina or a related commercial maritime facility or activity located in the buffer of an intensely developed or a limited development area;

(b) The redevelopment or expansion of a commercial marina or other

related commercial maritime facility or activity located in the buffer of a resource conservation area; or

commercial maritime facility or activity located in the buffer of a resource conservation area if the marina or other related facility or activity is publicly owned and meets all the requirements of subsection I following of this Chapter.

H. Community Piers and Other Community Boat-Docking and Storage Facilities (4.30).

1. The provisions of this subsection are in addition to the preceding subsections

E and D.

2. Subject to the requirements under subsection 3, Queenstown may approve the

location of a new or expanded community pier or other community boatdocking or storage facility in the buffer if:

(a) The owner or operator of the pier or facility:

(1) Does not offer food, fuel, or other goods and services for sale in

the buffer or on the community pier; and

(2) As applicable, complies with the requirements of COMAR

26.24.04.03;

(b) The pier or facility is community-owned and established, and operated

for the benefit of the residents of a platted and recorded subdivision;

Queenstown as consistent with all State and local program requirements;

(d) Disturbance to the buffer is the minimum necessary to provide a single point of access to the pier or facility; and

(d) If a community pier is provided as part of a new residential project,

private piers are prohibited in that residential project.

The number of slips authorized at a pier or facility shall be the lesser of:

(a) One slip for every 50 feet of shoreline in a residential project in the intense development and limited development areas, and one slip for every 300 feet of shoreline in a residential project in the resource conservation area; or (b) A density of slips to platted lots or flwsllings within a residential project in the Critical Area according to the following schedule:

Platted Lots or Dwellings in the Critical Area Slips up to 15 1 for each lot 16-40 15 or 75o , whichever is greater 4r - 100 30 or 50oh, whichever is greater 101 - 300 50 or 25o/o, whichever is greater over 300 75 or lsoh, whichever is greater r. Public Beaches and Other PubHc Water-Oriented Recreation or Education Areas or Activities (4.40).

The provisions of this subsection are in addition to the preceding subsections D and E.

Queenstown may approve the location of (a) A public beach or other public water-oriented recreation or education area or activity in the buffer of (1) An Intensely developed areal or @ A limited development area or a resource conservation area if:

(i) Adequate sanitary facilities exist;

(ii) Sanitary and service facilities are, to the extent possible, located outside the buffer;

(iii) A permeable surface is used to the extent practicable if no degradation of groundwater would like result; and (iv) Disturbance to natural vegetation is first avoided orr if unavoidable, minimized.

(b) A public passive outdoor recreation or education area, such as for

hiking hunting trapping or nature study, in the buffer of a limited development area or a resource conservation area if sanitary and service facilities to support these uses are located outside the buffer.

J. Research Associates Facilities Activities (4.50).

1. The provisions of this section are in addition to the preceding subsections D

and E.

2. As applicable, if an associated non-water-dependent project is located outside

the buffer, Queenstown may approve the location in the buffer of a researchassociated water-dependent facility or activity or an education-associated water-dependent facility or activity.

K. Aquaculture and Fishery Facilities and Activitiesl Water Quality Restoration (4.60).

1. The provisions of this section are in addition to preceding subsections D and

2. Queenstown may approve the location of the following facilities and activities

in the buffer:

(a) A shore-based facility or activity necessary for commercial

^ aquaculture operationl

(b) A commercial water-dependent fishery facility or activity' including a

structure for crab shedding a fish off-loading dock' and a shellfish culture operationl and

Chesapeake Bay, the Atlantic Coastal Bays, or their watersheds.

Section The Queenstown ZorungOrdinance, Article IV, Part III, Section 43 is hereby added as follows:

43 Nonwater-dependent projects.

S

Definition.

(a) Non-water dependent project - a temporary or permanent structure that' by reason of its intrinsic nature, use, or operation, does not require location in, on, or over state or private wetlands.

(b) Non-water dependent includes:

(i) a dwelling unit on a pier;

(ii) a restaurant, a shop, an office, or any other commercial buflding or use on a pier;

(iii) a temporary or permanent roof or covering on a pierl (iv) a pier used to support a non-water{ependent use; and (v) a small-scale renewable enerry system on a pier, including:

[al a solar enerry system and its photovoltaic cells, solar panels, or other necessary equipment;

lbl geothermal enerry system and its geothermal heat exchanger or other necessary equipment; and [cl a wind energy system and its wind turbine, tower, base, or other necessary equipment.

(D

a fuel pump or other fuel-dispensing equipment on a pier;

(ii) a sanitary sewage pump or other wastewater removal equipment on a pier; or (iii) an office on a pier for managing marina operations, including monitoring vessel traffico registering vessels, providing docking services, and housing electrical or emergency equipment related to marina operationsl or (rD a water-dependent facility or activity covered under coMAR 27.01.03.

Standards. Non-water-dependent projects shall comply with the requirements of COMAR 27.01.13.

Section 6.

Unless specifically amended as set forth above, all other provisions of the Queenstown ZoningOrdinance shall rernain unchanged.

Section 7.

If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Commissioners of Queenstown hereby declare that they would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases

be declared unconstitutional.

ORDAINED. APPROVED. AND by the Town Commissioners for the Town of Queenstown on thi t' &4% oay of 2023.

WITNESS: TOWN COMMISSIONERS FOR THE

TOWN OF QUEENSTOWN:

-flrl./lnAT--- Aaron Horney, Town Clerk Alton Hardee, President omas B. Willis, Jr., ssloner n Horney, To issioner NOTE: - deleted text Itulicized, bold text: added text