Town Code & Ordinances Ordinance — Ordinance-21-04

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ORDINANCE NO. 2I-04
Introduced by: Thomas B. Willis, Jr.; President
AI\ ORDTNANCE OF THE TOWN OF QUEENSTOWI\ TO AMEND
ARTICLE IV, PART III OF THE QUEENSTOWN ZONING ORDINANCE
*CRITICAL
TITLED, AREA OVERLAY DISTRICT" TO COMPLY WITH
RECENT AMENDMENTS TO THE NATURAL RESOURCES ARTICLE
WHEREAS, Md. Code Ann. Land Use Article $ 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 QueenstownZoningOrdinance, titled "CA Critical Area Overlay District"; and
WHEREAS, pursuant to Md. Code Ann. Natural Resources Article $ 8-1809(g), 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
a?
the amendments to the Critical Area Program on SUlu ,202I; 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) through (3).
NOW THEREFORE, BE IT ORDAINED BY THE COMMISSIONERS OF
QUEENSTOWN AS FOLLOWS:
Section 1. The Queenstown ZoningOrdinance, Article IV, Part III is hereby amended as
follows:
27. Implementation of the Critical Area Program Purpose and Goals.
$
A.
The Queenstown Critical Area Program
1. The Queenstown Critical Area Program consists of the Queenstown Zoning
Chapter and the Queenstown Critical Area map. Related provisions may also be
found in the Queenstown Subdivision Regulations.

B. Goals.
The goals of the Queenstown Critical Area Program are to accomplish the following:
l.
Minimize adverse impacts on water quality that result from pollutants that are
discharged from structures or run off from surrounding lands;
2.
Conserve fish, wildlife, and plant habitat; and
3. Establish land use policies for development in the Critical Area which
accommodate growth as well as address the environmental impacts that the number,
movement, and activities of people may have on the area.
C. Regulated activities and applicability.
Any applicant for a permit or license to pursue activities within the Critical Area, including
but not limited to, development or redevelopment, grading, sediment and erosion control,
timber harvesting, shoreline erosion control, installation of a septic system and drain field,
operation of a waste collection or disposal facility, operation of a commercial or private
marina or other water-related commercial or industrial operation (whether public or
private), mining (whether surface or sub-surface) or quarrying, farming or other
agriculture-related activities shall have such permits or licenses issued by the Town after
review to determine compliance with the Queenstown Zoning Chapter.
D. Critical Area Overlay District Map.
1. The Official Critical Area Overlay District Map is maintained in force as part of
the OfficialZoningMap for Queenstown. The Official Critical Area Map delineates
the extent of the Critical Area Overlay District that shall include:
a. All waters of and lands under the Chesapeake Bay and its tributaries to the
head of tide and all state and private wetlands designated under Title 9 ef
ffi
Title 16 of the Environment Atticle oftheAnnotated
Code of Marvland.
b. All land and water areas within 1,000 feet beyond the landward boundaries
of state or private wetlands and the heads of tides designated under Title9
ffi Title 16 of the Environment Article of the
Annotated Code of Maryland.
2.
Within the designated Critical Area Overlay District, all land shall be assigned one
of the following land management and development area classifications:
a.
Intensely Developed Area (IDA).
b.
Limited Development Area (LDA).

c.
Resource Conservation Area (RCA).
3. The Critical Area Overlay District Map may be amended by the Town
Commissioners in compliance with amendment provisions in this Chapter, the
Maryland Critical Area Law, the Critical Area Criteria and €d+ieal-A+ea
R€gulati€ss COMAR Title 27.
E. General Requirements
1.
Development and redevelopment shall be subject to the Habitat Protection Area
requirements prescribed in this Chapter.
2.
Reasonable accommodations for the needs of disabled citizens.
An applicant seeking relief from the Critical Area standards contained in
this Chapter in order to accommodate the reasonable needs of disabled
citizens shall have the burden of demonstrating the following:
(1) The alterations will benefit persons with a disability within the
meaning of the Americans with Disabilities Act;
(2) Literal enforcement of the provisions of this Chapter would result in
discrimination by virtue of such disability or deprive a disabled
resident or user of the reasonable use and enjoyment of the property;
(3) A reasonable accommodation would reduce or eliminate the
discriminatory effect of the provisions of this Chapter or store the
disabled resident's or user's reasonable use or enjoyment of the
property;
(4) The accommodation requested will not substantially impair the
purpose, intent, or effect, of the provisions ofthis Chapter as applied
to the property; and
(5) The accommodation would be environmentally neutral with no
greater negative impact on the environment than the literal
enforcement of the statute, ordinance, regulation or other
requirement, or would allow only the minimum environmental
changes necessary to address the needs resulting from the particular
di sability of the applicantl appell ant.
b. The Board of Appeals shall determine the nature and scope of any
accommodation under this Chapter and may award different or other relief
than requested after giving due regard to the purpose, intent, or effect of the
applicable provisions of this Chapter. The Board may also consider the size,

location, and type of accommodation proposed and whether alternatives
exist which accommodate the need with less adverse effect.
c.
The Board of Appeals may require, as a condition of approval, that upon
termination of the need for accommodation, that the property be restored to
comply with all applicable provisions of this Chapter. Appropriate bonds
may be collected or liens placed in order to ensure the Town's ability to
restore the property should the applicant fail to do so.
F.
NotiJication of project approval Applicants are hereby notified that the Town will send
copies of applications for all developments, subdivisions, and site plans wholly or partially
wilhin the Critical Area as speciJied in COMAR 27.03.01.04 to the Critical Area Commission
for review and comment
1. The application will be accompanied by a completed uProject Notification
Application" form downloaded from the Critical Area Commission's website.
2.
The Town will not process an application, which has been sent to the Critical
Area Commission for notification until it has received notice of receipt by the
Critical Area Commission.
3.
Any cation by the Town in violation of these procedures shall be void.
Summary of Noffication Requirements
Critical Area Commission
(coMAR 27.03.01)
Requires Notification to the
Critical Area Commission
Yes/No
Tvpe of Application IDA LDA RCA
1. Disturbance to a Habitation Protection Area Y Y Y
2. Phvsical disturbance to the Buffer kee Note 1) Y Y Y
3. Variance from Critical Area provisions Y Y Y
4. Development resulting in less than 5,000 square feet N N ,Ar
of disturbance
5. Development resulting in between 5,000 and 15,000 N N Y
square feet of disturbance
6. Development resulting in greater than 15,000 square Y Y Y
feet of disturbance
7. Subdivision of 3 lots or fewer N N Y
8. Subdivision of 4 to 10 lots N Y Y
9. Subdivision of sreater than 10 lots Y Y Y
10. Subdivision affectins Growth Allocation N/A Y Y
I 1. Intrafamilv transfer N/A N/A Y
12. Rezonins that would occur whollv or oartiallv Y Y Y

within the Critical Area
13. Special exception or conditional use for industrial N Y Y
commercial, institutio nal, non-residential or multi-
familv
14. Substantial alteration to applications previously Y Y Y
submitted to the Critical Areu Commission
Note 1: Shore erosion control measures and private piers that do not involve disturbance to
the Buffer and are not permitted by MDE do not require Critical Area Commission
notification
28. Intensely Developed Areas.
$
A.
Intensely Developed Areas are defined as, "arr area of at least 20 acres or the entire upland
portion of the critical area within a municipal corporation, whichever is less, where:
residential, commercial, institutional, or industrial developed land uses predominate; and a
relatively small amount of natural habitat occurs. These areas include: an area with a
housing density of at least four dwelling units per acre; anareawith public water and sewer
systems with a housing density of more than three dwelling units per acre."
B.
Development standards.
For all development activities in the Intensely Developed Areas, the applicant shall identiff
any environmental or natural feature described below and meet all of the following
standards:
1. The following uses may only be permitted in the IDA 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:
a.
Nonmaritime heavy industry:
b.
Permanent sludge handling, storage, and disposal facilities other than
those associated with wustewater treatment facilities. However,
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.
+2. Development activities shall be designed and implemented to minimize
destruction of forest and woodland vegetation;
23. All roads, bridges, and utilities are prohibited in a Habitat Protection Area, unless
no feasible altemative exists. If a road, bridge or utility is authorized the design,
construction. and maintenance shall:

a.
Provide maximum erosion protection;
b.
Minimize negative impact on wildlife, aquatic life, and their habitats; and
c.
Maintain hydrologic process and water quality.
14. All development activities that must cross or affect streams shall be designed to:
a.
Reduce increases in flood frequency and severity that are attributable to
development;
b.
Retain tree canopy so as to maintain stream water temperature within
normal variation;
c.
Provide a natural substrate for stream beds; and
d.
Minimize adverse water quality and quantity impacts of stormwater.
45. All development and redevelopment activities shall include stormwater
management technologies that reduce pollutant loadings by at least 10 percent
below the level of pollution on the site prior to development or redevelopment as
provided in Critical Area l0%o Rule Guidance Manuql - Fall 2003 and as may be
subsequently amended.
6. New expanded or redeveloped industrial or pofi-related facilities and the
replacement of these facilities may be permitted only in those portions of IDAs
that have been designated as Bulfer Management Areas (BMAs).
$ 29. Limited Development Areas.
A.
Limited Development Areas are defined as, "an area: with a housing density ranging from
one dwelling unit per five acres up to four dwelling units per acre; with a public water or
sewer system; that is not dominated by agricultural land, wetland, forests, barren land,
surface water, or open space; or that is less than 20 acres and otherwise qualifies as an
intensely developed area under the definition in this Chapter."
B.
Development standards.
For all development activities in the Limited Development Areas, the applicant shall
identiff any environmental or natural feature described below, and shall meet all of the
following standards:
l.
Development and redevelopment shall be subject to the water-dependent facilities
requirements of this Chapter;

2.
Roads, bridges, and utilities are prohibited in a Habitat Protection Area unless no
feasible alternative exists. If a road, bridge or utility is authorized the design,
construction and maintenance shall:
a.
Provide maximum erosion protection;
b.
Minimize negative impacts on wildlife, aquatic life and their habitats; and
c.
Maintain hydrologic processes and water quality.
J a . All development activities that must cross or affect streams shall be designed to:
a.
Reduce increases in flood frequency and severity that are attributable to
development;
b.
Retain tree canopy so as to maintain stream water temperature within
normal variation:
c.
Provide a nafural substrate for stream beds; and
d.
Minimize adverse water quality and quantity impacts of stormwater.
4. ff there is a witdtife e
ineerperate a wildl
+
e+h€r€{€anizatioas, If a wildlife corridor system is identifted by the Department
of Natural Resources on or near the site the following practices are required:
a.
The applicant shall incorporate a wildlife corridor system that connects
the largest undeveloped or most vegetative tracts of land on and adjacent
to the site;
b. A conservation easement, restrictive covenant, or similar instrument
approved by the Town shall be provided to ensure maintenance of the
wildlife coruidor; and
c. The wildlife conidor shall be preserved by a public or private group.

5. Development on slopes greater than15Jifteen percent (15%), 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 Limited Development Areas.
6. Except as otherwise provided in this subsection, lot coverage is limited to l5% of
a lot or parcel or any portions of a lot or parcel that are designated LDA.
a. If a parcel or lot of one-half acre or less in size existed on or before
December 1, 1985, then lot coverage is limited to twenty-five (25%) of the
parcel or lot.
b. If a parcel or lot greater than one-half acre and less than one acre in size
l,
existed on or before December 1985, then lot coverage is limited to
fifteen percent (15%) of the parcel or lot.
c.
If an individual lot one acre or less in size is part of a subdivision approved
after December 1, 1985, then lot coverage may exceed fifteen percent (15%)
of the individual lot; however the total lot coverage for the entire
subdivision may not exceed fifteen percent (15%).
d.
Lot coverage limits provided in $a and $b above may be exceeded, upon
findings by the Planning Commission or its designee that the following
conditions exist:
(l)
The lot or parcel is legally nonconforming. A lot or parcel legally
developed as of July l, 2008 may be considered legally
nonconforming for the purposes of lot coverage requirements.
(2) Lot coverage associated with new development activities on the
property have been minimized;
(3) For a lot or parcel one-half acre or less in size, total lot coverage
does not exceed the lot coverage limits in $a by more than twenty-
five percent (25%) or five hundred square feet (500 square feet),
whichever is greater;
(4) For a lot or parcel greater than one-halfacre and less than one acre
in size, total lot coverage does not exceed the lot coverage limits in
$(b) or five thousand, four hundred and forty-five (5,445) square
feet, whichever is greater;
The following table summarizes the limits set forth in g(l) through g(4) above:
B6d
Table Lot Coverage Limits

LotiParcel Size (Souare Feet) Lot Coverase Limit
0 - 8,000 25o/o of parcel + 500
SF
8.001 - 2r.780 3125% of oarcel
21.780 - 36.300 5.445 SF
36.301 - 43.560 15olo of parcel
e.
If the Planning Commission or its designee makes the findings set forth in
$d above and authorizes an applicant to use the lot coverage limits set forth
in that paragraph, the applicant shall:
(1)
Demonstrate that water quality impacts associated with runoff from
the development activities that contribute to lot coverage have been
minimized through site design considerations or the use of Best
Management Practices to improve water quality; and
(2)
Provide on-site mitigation in the form of plantings to offset potential
adverse water quality impacts from the development activities
resulting in new lot coverage. The plantings shall be equal to two
times the area of the development activity.
(3) If the applicant cannot provide appropriate stormwater treatment
and plantings due to site constraints, then the applicant shall pay a
fee to Queenstown in lieu of performing the on-site mitigation. The
amount of the fee shall be $1.50 per square foot of the required
mitigation.
7.
The alteration of forest and developed woodlands shall be restricted and shall be
mitigated as follows:
a.
The total acreage in forest and developed woodlands within the Critical
Area shall be maintained or preferably increased;
b. All forests and developed woodlands that are allowed to be cleared or
developed shall be replaced in the Critical Area on not less than an equal
area basis;
c. If an applicant is authorized to clear more than A twenty percent (20%) of
a forest or developed woodlands on a lot or parcel, the applicant shall
replace the forest or developed woodlands at 1.5 times the areal extent of
the forest or developed woodlands cleared, including the first 20 percent of
the forest or developed woodlands cleared.
d.
An applicant may not clear more than 30 thirty percent (30%) of a forest or
developed woodlands on a lot or parcel, unless the Board of Appeals grants
a variance and the applicant replaces forest or developed woodlands at a

rate of three (3) times the areal extent of the forest or developed woodlands
cleared.
e. Ifan applicant is authoizedto clear any percentage offorest or developed
woodland the remaining percentage shall be maintained through recorded,
restrictive covenants or similar instruments approved by the Town.
8. The following are required for forest or developed woodland clearing as required
in $7 above:
a.
The applicant shall ensure that any plantings that die within twenty-four
(24) months of installation shall be replaced. A performance bond in an
amount determined by Queenstown shall be posted to assure satisfactory
replacement as required in $7 above and plant survival;
b.
No clearing is allowed until the Town has issued a permit. Forests and
developed woodlands which have been cleared before obtaining a permit
is a violation and shall be replanted at three (3) times the areal extent of
the clearedforest;
c.
Clearing of forest or developed woodlands that exceed the maximum area
allowed in $7 above or prior to the issuance of a permit shall be replanted
at three times the areal extent of the cleared forest: and
d. If the areal extent of the site limits the application of the reforestation
standards in this section the applicant may be allowed to plant offsite or pay
a fee in lieu of planting.
9. Ifno forest is established on proposed development sites, these sites shall be planted
to provide a forest or developed woodland cover of at least +sffent jifteen
percent (15%) the applicant shall designate, subject to Town approval, a nete
forest area on a part ofthe site notforested,
10. New, expanded or redeveloped industrialfacilities may only be permitted in LDA
if such a use is permitted in the underlying zoning district and provided such
facilities meet all requirements for development in the LDA.
11. Allforest, including affirested area, shall be maintained asforest cover through
easements, restrictive covenants or other protective instruments approved by the
Town.

30. Resource Conservation Areas.
$
A. Resource Conservation Areas are defined as, "an area that is characterized, by nafure
dominated environments, such as wetlands, surface water, forests, and open space; and
resource-based activities, such as agriculture, forestry, fisheries, or aquaculture. Resource
conservation areas include areas with a housing density of less than one dwelling per five
acres."
B.
Development standards.
For all development activities and resource utilization in the Resource Conservation Areas,
the applicant shall meet all of the following standards:
1.
Land use management practices shall be consistent with the policies and criteria for
the Habitat Protection Area provisions of this Chapter.
2.
Land within the Resource Conservation Area may be developed for residential uses
at a density not to exceed one dwelling unit per 20 acres.
3.
Development activity within the Resource Conservation Areas shall be consistent
with the requirements and standards for Limited Development Areas as specified
in this Chapter. For the purposes of calculating limitations on lot coverage, is as
follows:
a.
When a site is mapped entirely as RCA,lot coverage is based on the entire
site area; and
b.
When a portion of a lot or parcel is mapped as RCA, lot coverage is based
on the area of the RCA.
4. Nothing in this section shall limit the ability of a land owner to participate in any
agricultural easement program or to convey real property impressed with such an
easement to family members provided that no such conveyance will result in a
density gteater than one dwelling unit per twenty (20) acres.
5.
A commercial, institutional, or industrial solar energl generating system may be
permitted in accordance with COMAR 27.01.15.
31. Land Use and Density.
$
A.
Permitted Uses
l. Permitted uses in the Critical Area shall limited to those uses allowed by the
underlying zoning classification as modified by Table Ala and the supplemental

use standards in $32 provided such uses meet all standards established for the
Critical Area Overlav District.
Table A1a 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 Desisnation
ID LD RC
ITBM USE DESCRIPTION A A A
1.00 RESIDENTIAL
1.10 Accessory Dwelline Unit P P PC
2.O0 INSTITUTIONAL
2.t0 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.s0 Day Care P P PC
3.00 COMMERCIAL
3. l0 Existins commercial uses P P PC
3.20 New commercial uses P P NP
3.30 Home occupation P P PC
3.40 Bed and breakfast facilitv P P PC
4.00 MARITIME/WATER DEPENDENT
4.10 Expansion of existing commercial marinas P P PC
4.20 New marina. commercial 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 P P PC
4.50 Research Areas P P PC
4.60 Fisheries activities P P P
4.70 Structures on Piers PC PC PC
4.80 Private pier P P P
5.00 RECREATION
5.10 Golf course P P PC
6.00 INDUSTRIAL
6.10 Existing industrial uses P P PC
6.20 New industrial uses P PC NP
6.30 Non-maritime heaw industrv P NP NP
TRANSPORTATION/PARIfl NG/COMMI.Il\ICATIONSruTILITIE
7.00 s

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 Desisnation
ID LD RC
ITBM USE DESCRIPTION A A A
7.t0 Utility transmission facilities PC PC PC
8.00 PTIBLIC/OUASI.PUBLIC
8.10 Sanitary landfill; rubble fill PC PC PC
8.20 Solid or hazardous waste collection or disposal facilities PC PC NP
8.30 Sludse Facilities PC PC NP
B.
Maximum Permitted Densitv
l.
The maximum permitted density for properties located in the Queenstown Critical
Area shall be as shown in Table Bl.
Table B1
Maximum Residential
Density (Dwelling Units Per Acre)
Land Use Manasement Desisnation
IDA LDA RCA
Density permitted by Density permitted by Underlying 1 dwelling unit per
Underlvins Zonins. Zonins. 20 acres
2.
Calculation of l-in-20 acre density of development.
In calculating the l-in-20 acre density of development that is permitted on a parcel
located within the Resource Conservation Area, the Town:
a.
Shall count each dwelling unit;
b.
May permit the area of any private wetlands located on the property to be
included under the following conditions:
(1)
The density of development on the upland portion of the parcel may
not exceed one dwelling unit per eight (8) acres; and
(2) The area of private wetlands shall be estimated on the basis of
vegetative information as designated on the State wetlands maps or
by private survey approved by the Town, the Commission, and the
State Department of the Environment.

32. Supplemental Use Standards.
$
The following supplemental use standards apply to the permitted uses listed in Table A(1)(a) above
and shall apply when the permitted use is allowed in the underlying zoningdistrict.
A.
Accessory Dwelling Unit (1.10)
l. If a permitted use in the underlying zoning district, one additional dwelling unit
(accessory dwelling unit) as part of a primary dwelling unit may be permitted in the
Resource Conservation Area (RCA) provided the additional dwelling unit is served
by the Queenstown sewer system and:
a.
is located within the primary dwelling unit or its entire perimeter is within
100 feet of the primary dwelling unit and does not exceed 900 square feet
in total enclosed areas: or
b.
is located within the primary dwelling unit and does not increase the amount
of lot coverage already attributed to the primary dwelling unit.
2.
An additional dwelling unit meeting all of the provisions of this section may not be
subdivided or conveyed separately from the primary dwelling unit; and
3.
The provisions of this section may not be construed to authorize the granting of a
variance, unless the variance is granted in accordance with the variance provisions
contained herein.
B.
Existing institutional uses (2.10)
l.
Existing institutional facilities shall be allowed in Resource Conservation Areas.
2.
Expansion of existing institutional facilities and uses 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.
C.
New institutional uses (2.20)
l.
New institutional facilities and uses, except those specifically listed shall not be
permitted in Resource Conservation Areas (RCAs).
2. Certain institutional uses may be permitted if allowed in the underlying zoning
district and if the use complies with all requirements for such uses in this Chapter.
These institutional uses are limited to:
a. A cemetery that is an accessory use to an existing church; provided
manmade lot coverage is limited to 15 percent of the site or 20,000 square
feet. whichever is less:

b. A day care facility in a dwelling where the operators live on the prernises
and there are no more than eight (8) children;
c. A group home or assisted living facility with no more than eight (8)
residents; and
d.
Other similar uses determined by the Town and approved by the Critical
Area Commission to be similar to those listed above.
D.
Existing Commercial Uses (3.10)
1.
Existing commercial facilities and uses, including those that directly support
agriculture, forestry, aquaculture or residential development shall be allowed in
Resource Conservation Areas.
2.
Expansion of existing commercial facilities and uses 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.
E.
New commercial uses (3.20)
1.
New commercial uses, except those specifically listed, shall not be permitted in
Resource Conservation Areas (RCAs).
2. Certain commercial uses may be permitted if allowed in the underlying zoning
district and if the use complies with all requirernents for such uses in this Chapter.
These commercial uses are limited to:
a. A home occupation as an accessory use on a residential property and as
provided for in this Chapter;
b.
A bed and breakfast facility located in an existing residential structure and
where meals are prepared only for guests staying at the facility;+nd
e, ether uses deterrnined by the Tervn and apprevC by the eritieal rl#ea
l, Expansien ef existing eerffnereial marinas rray be pemitted within Reseuree
i

@
ef the Departrrent ef the
Envirenmene-sd
is
ehapter,
@
af,d
d'
Expansier is perrritted nnder the nereenferming use previsions ef this
ehapt€r
(*€+sI
ins
previee*
wa^h waters inte fdal rvaters,
Enri+enmen*

imen€ts;+nd
i€ns
eu*sid++he€u{fee
l,
Nerv er expandC eemmunity marinas and ether nen eemmereial beat deeking and
is
@
Tewn for the erideal r\dea and eensis+ent with all State requirements and
the rEuirements ef this Chapter applieable te the eritieal r\rea;
d, Disturbanee te the Duffer is the mini{rum neeessary te previde a single
@
e, If ee"nmunity pier'; slips; er meerings are previded as part ef the nerv
b€l€inr:
b,
A dens:ty ef slips er piers te platted lets er dwellings within the subdivisien
in the eritieal Are

Ptnttedfets erBwetlffi Slies
up+e+s +{ereaeh{e+
+A
4l-{€0
]+l.-s
50 erZ57-n'hiehever is sre^ter
eve€e0
t,
PuUtie Ueaenes anA
l, Publie beaehes er ether publie rvater eriented reereatien e+ edueatien areas
;
@
ieemre
e, Areas fer pessible reereatien; streh as nehre sh*dy; and hunting and
the+'utrer,
@
, if nen water

l
€emmereial rvater dependent fishsries ineluCing; but net limited te struetures fer
1, Exeept as previded in $(l) $(2); and $(3) belew; eenstruetien ef dwelling unit er
ether nen water dependent strueture en a pier leeated en State er private tidal
@
rvetlands within the Critieal rlse* may be appreved previded a permit was
198&
b,
r\ building permit fer a prqieet invelving the eenstruetien ef a dwelling writ
if the
wetlands within the Critieal r\*ea may be appreved llerving
eenditiens+xis+:-
;
1985 that ean be verified by a Department ef Natural Reseurees
aaC
(3)
The prde€t dees n
;
lrcwevert additiend
l€96 ef the water eeverage eliminated by remeving eemplete piers
pr
frem the name er ether i€r
te be remeved is net intaet; but pilings identiff its previeus size; then
i€n
permittee, fne prejeet
dq#cs"+em€v€+

water dependent struefure en a pier leeated er State er private wetlands
ions
s*andardsestab+ished+erei*
tern adverse erfeet en the w*ter quality ef the a4iaeent bedy ef
lYat€r;
and
M,F.
Golf course (5.10)
l.
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:
a.
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.
NG.
Existing industrial uses (6.10)
l. Existing industrial facilities and uses, including those that directly support
agriculture, forestry, or aquaculture may be permitted in Resource Conservation
Areas (RCAs).
2. 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..
gH.
New industrial uses (6.20)
l.
New industrial uses shall not be permitted in Resource Conservation Areas (RCA).
2. 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.
3. 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.
PL Non-maritime heavy industry (6.3)
1.
Non-maritime heavy industry may be permitted if:
a. The site is located in an Intensely Developed Area (IDA); and
b.
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.
Q/. Utility transmission facilities (7.10)
l. 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:
a.
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.
2. These provisions do not include power plants.
Rl(.
Sanitary landfill; rubble filI(8.10)
1.
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 problem.
2. Existing, permitted facilities shall be subject to the standards and requirernents of
the Department of the Environment.
SL. Solid or hazardous waste collection or disposal facilities (8.20)
1.
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.
+M.
Sludge Facilities (8.40)
l. Permanent sludge handling, storage and disposal facilities, other than those
associated with wastewater treatment facilities may be permitted in the Critical
Area provided:
a.
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.
2. 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.
33. Growth Allocation.
$
A.
Growth allocation acreage and deductions. Growth allocation available to Queenstown
includes:
l. An area equal to five (5) percent of the RCA acreage located within Queenstown
and;
2.
€€un!y' Growth allocation totaling 200 acres made available to Queenstown by
Queen Anne's County. As of March 1, 2021 the growth allocation remaining is
67.09 acres.
3. Growth Allocation reserues will be deducted in accordance with COMAR
27.01.02.06-4.
B. Growth Allocation Floating Zone District GA.
l.
Purpose. The Growth Allocation Floating Zone is not mapped but is designated for
use in areas classified as Resource Conservation Areas (RCA) and/or Limited
Development Area (LDA) within the Queenstown Critical Area Overlay District.
The purpose of the floating zone is to permit a change in the land management
classification established in the Critical Area Overlay District on specific sites so
that they may be developed to the extent permitted by the underlying zoning
classification or the land use management classification. Only projects which have

been approved by the Town Commissioners for award of the Critical Area Growth
Allocation are eligible for floating zones.
2.
Designation of floating zones.
a.
The Growth Allocation District GA shall be a floatingzone.
b. The Growth Allocation District GA provides for changing the land
management classification of Resource Conservation Areas (RCA's) and
Limited Development Areas (LDA's) in the Critical Area Overlay District.
C.
Standards.
When locating new Intensely Developed or Limited Development Areas the following
standards shall apply:
1.
Except as may be provided in subsection (9) below, a new Intensely Developed
Area shall only be located in a Limited Development Area or adjacent to an existing
Intensely Developed Area;
2.
Except as may be provided in subsection (9) below, a new Limited Development
Area shall only be located adjacent to an existing Limited Development Area or an
lntensely Developed Area:
3.
Except as may be provided in subsection (9) below, new Intensely Developed Areas
shall be at least 20 acres in size unless:
a.
They are contiguous to an existing IDA or LDA; or
b. They are a grandfathered commercial or industrial use, which existed as of
January 17,1989. The amount of growth allocation deducted shall be
equivalent to the area of the entire parcel or parcels subject to the growth
allocation request.
4.
Except as may be provided in subsection (9) below, no more than one-half of the
Queenstown's growth allocation may be located in Resource Conservation Areas
(RCAs);
5.
A new Limited Development Area or Intensely Developed Area shall be located in
a manner that minimizes impacts to Habitat Protection Area as defined herein and
in COMAR 27.01.09 and in an area and manner that optimizes benefits to water
quality;
6.
New Intensely Developed Areas shall only be located where they minimize the
impacts to the defined land uses of the Resource Conservation Area (RCA);

7. A new Intensely Developed Area or a Limited Development Area in a Resource
Conservation Area shall be located at least 300 feet beyond the landward edge of
tidal wetlands or tidal waters;
8. New Intensely Developed or Limited Development Areas to be located in Resource
Conservation Areas shall conform to all criteria of this Chapter for such areas, shall
be so designated on the Queenstown Critical Area Maps and shall constitute an
amendment to this Chapter subject to review by the Queenstown Planning
Commission and approval by the Town Commissioners and the Critical Area
Commission as provided herein.
9. The Town Commissioners recognize that the Town may not be able to utilize
growth allocation acreage in the locations set forth in subsections 1 and 2 above,
and/or may not satisfu the 20 acre size threshold set forth in subsection 3 above,
and fuither recognize that the majority of its critical area lands for which growth
allocation is planned are currently classified as Resource Conservation Areas.
Accordingly, in the event that the Town is unable to satisff any or all of the criteria
set forth in subsection l-4, the Town may utilize a portion of its growth allocation
in manner that varies from subsections 1,2,3 and/or 4 above, provided that the area
to receive growth allocation meets the following standards:
a.
Any development will be serviced by public water and sewer;
b.
The area is located in a Priority Funding Area;
c.
The development is consistent with the Queenstown Comprehensive Plan;
and
d.
The development will have an overall economic benefit to the community,
or implements a specific goal, objective or policy of the
Queenstown
Comprehensive Plan.
D. Additional Factors.
In reviewing map amendments or refinements involving the use of growth allocation the
Planning Commission and Town Commissioners shall consider the following factors:
l.
Consistency with Queenstown Community Plan and whether the growth allocation
would implement the goals and objectives of the adopted plan. "Consistency with"
means that a standard or factor will further, and not be contrary to the following
items in the comprehensive plan:
a.
Policies;
b.
Timing of the implementation ofthe plan, of development, and of rezoning;
c.
Development patterns;

d.
Landuses: and
e.
Densities or intensities.
2.
For a map amendment or refinement involving a new Limited Development Area
whether the development is:
a.
To be served by a public wastewater system;
b.
A completion of an existing subdivision;
c.
An expansion of an existing business; or
d.
To be clustered.
3.
For a map amendment or refinement involving a new Intensely Developed Area,
whether the development is:
a.
To be served by a public wastewater system;
b.
If greater than2} acres, to be located in a designated Priority Funding Area;
and
c.
To have a demonstrable economic benefit.
4.
The use of existing public infrastructure, where practical;
5.
Consistency with State and regional environmental protection policies concerning
the protection of threatened and endangered species and species in need of
conservation that may be located on- or off-site;
6.
Impacts on a priority preservation area;
7.
Environmental impacts associated with wastewater and stormwater management
practices and wastewater and stormwater discharges to tidal waters, tidal wetlands,
and tributarv streams: and
8. Environmental impacts associated with location in a coastal hazard area or an
increased risk of severe flooding attributable to the proposed development and/or
sea level rise.
34. Grandfathering.
$

A. Continuation of existins uses.
l.
The continuation, but not necessarily the intensification or expansion, of any use in
existence on Januaryl7,1989 may be permitted, unless the use has been abandoned
for more than one year or is otherwise restricted by existing municipal Chapters.
2. If any existing use does not conform with the provisions of this Chapter, its
intensification or expansion may be permitted only in accordance with the variance
procedures in
$35.
B. Residential density on Grandfathered Lots.
1.
Except as otherwise provided, the following types of land are permitted to be
developed with a single-family dwelling, if a dwelling is not already placed there,
notwithstanding that such development may be inconsistent with the density
provisions of this Chapter.
a.
A legal parcel ofland, not being part ofa recorded or approved subdivision
l.
that was recorded as of December 1985
b.
Land that received a building permit subsequent to December 1, 1985, but
prior to January 17, 1989.
c.
Land that was subdivided into recorded, legally buildable lots, where the
subdivision received final approval between June I,1984 and December l,
I 985:
d.
Land that was subdivided into recorded, legally buildable lots, where the
subdivision received the final approval after December l, 1985 and
provided that either development of any such land conforms to the IDA,
LDA or RCA requirements in this Chapter or the area of the land has been
counted against the growth allocation permitted under this Chapter.
e.
Any land on which development activity has progressed to the point of
pouring of foundation footings or the installation of structural members
prior to January 17, 1989.
C. Consistency.
Nething ift this Seeti
L For purposes of implementing this regulation, Queenstown has determined,
based on land uses and development in existence of December 1, 1985, which
land areas fall within the three (3) types of development areas described in this
Chapter.

2.
Nothing in this Section may be interpreted as altering any requirements of this
Chapter related to water-dependent facilities or Habitat Protection Areas.
35. Variances.
$
A.
Applicability.
Queenstown has established provisions where, owing to special features of a site or other
circumstances, implementation ofthis Chapter or a literal enforcement of provisions within
this Chapter would result in unwarranted hardship, a Critical Area variance may be
obtained.
1.
In considering an application for a variance, the Board of Appeals shall presume
that the specific development activity in the Critical Area, that is subject to the
application and for which a variance is required, does not conform with the general
purpose and intent of Natural Resources Article, Title 8 Subtitle 18, COMAR Title
27, and the requirements of this Chapter.
2.
Unwarranted hardship means that without a variance, an applicant would be denied
reasonable and significant use of the entire parcel or lot for which the variance is
requested.
B. Standing. In accordance with Natursl Resources Article, $8-1808(d)(2), Annotated Code
of Maryland, if a person meets the threshold standing requiremen* under federal law,
the person shall have standing to participate as a party in a local administrative
proceeding.
C. Standards.
The provisions for granting such a variance shall include evidence submitted by the
applicant that the following standards are met:
1.
Special conditions or circumstances exist that are peculiar to the land or structure
involved and that a literal enforcernent of provisions and requirements of this
Chapter would result in unwarranted hardship;
2. A literal interpretation of the provisions of this Chapter will deprive the applicant
of
Am the use of land or a structure permitted to others in accordance with the
provisions of this Chapter which would deprive the applicant of rights commonly
enjoyed by other properties in similar areas within the Critical Area.
3.
The granting of a variance will not confer upon an applicant any special privilege
that would be denied by this Chapter to other lands or structures within the Critical
Area:

4.
The variance request is not based upon conditions or circumstances which are the
result of actions by the applicant, including the commencement of development
activity before an application for a variance has been filed, nor does the request
arise from any condition relating to land or building use, either permitted or non-
conforming on any neighboring property; and
5.
The granting of a variance shall not adversely affect water quality or adversely
impact fish, wildlife or plant habitat within the Critical Area and the granting of the
variance will be in harmony with the general spirit and intent of the Critical Area
Law and this Chapter.
6.
The granting of the variance will be in harmony with the general spirit and intent
of the State Critical Area Law and this Chapter.
eD.
Process.
Applications for a variance will be made in writing to the Board of Appeals with a copy
provided to the Critical Area Commission. The Board of Appeals shall follow its
established procedures for advertising and notification of affected landowners.
1.
After hearing an application for a Critical Area variance, the Board of Appeals shall
make written findings reflecting analysis of each standard. With due regardfor the
person's technical competence, and specialized knowledge, the written findings
may be based on evidence introduced and testimony presented by:
a.
The applicant;
b.
Queenstown or any other government agency; or
c.
Any other person deemed appropriate by Town officials.
2.
If the variance request is based on conditions or circumstances that are the result of
actions by the applicant, the Board of Appeals shall consider that fact. Queenstown
shall consider thatfact, and whether the application has met the requirements of
Part E below.
J a . The applicant has the burden of proof and the burden of persuasion to overcome
the presumption of nonconformance established in $A above.
4. The Board of Appeals shall notiff the Critical Area Commission of its findings and
decision to grant or deny the variance request within ten (10) working days after
issuance of a written variance decision.

DE.
Findings.
Based on competent and substantial evidence, the Board of Appeals shall make written
findings as to whether the applicant has overcome the presumption of nonconformance as
established in $A above, and if applicable $B above. With due regard for the person's
technical competence, and specialized knowledge, the written findings may be based on
evidence introduced and testimony presented by:
l.
The applicant and any witnesses of the applicant;
2.
Town Officials or staff or any other government agency; or
3.
Any other person deemed appropriate by the Board of Appeals.
F.
After-the-Fact Requests.
1. The Town will not accept an application of a variance to legalize a violation of
this subtitle, including an anpermitted structure or other development activity
until the Town has:
o-
Issued a notice of violation; and
b.
Assessed an administrative or civil penalty for the violation.
2.
The Town will not approve an after-the-fact variance unless an applicant has:
a.
Fully paid ull administrative, civil and criminal penalties imposed under
Natural Resources Article, 58- I 808 (c) 0 6ii) I 4-1 5 and (2) (i), Annotated
Code of Maryland;
b. Prepared a restoration or mitigation plan, approved by the local
jurisdiction, to abate impacts to water qua@ or natural resources as a
result of the violation; and
c. Performed the abatement measures in the approved plan in accordance
with this Chapter.
3. If the Board denies the requested after+he-fact variance, then the Town will:
&
Order removal or relocation of any structure; and

b.
Order restoration of the affected resources.
4.
Application for an after-the-fact variance constitutes a waiver of the right to
appeal the terms of a notice of violation and its jinal adjudication, including the
payment of any penulties and costs assessed.
EG.
Appeals.
Appeals from a decision conceming the granting or denial of a variance under these
regulations shall be taken in accordance with all applicable laws and procedures for
variances. Variance decisions by the Board of Appeals may be appealed to the Circuit
Court in accordance with the Maryland Rules of Procedure. Appeals may be taken by any
person, firm, corporation or govefirmental agency aggrieved or adversely affected by any
decision made under this Chapter.
FH.
Conditions and mitieation.
The Board of epp"lf. shall impose conditions on the use or development of a property
which is granted a variance as it may find reasonable to ensure that the spirit and intent of
this Chapter is maintained including, but not limited to the following:
l.
Adverse impacts resulting from the granting of the variance shall be mitigated, by
planting on the site at the rate of at least three to one per square foot of the variance
from lot coverage granted.
2.
New or expanded structures or lot coverage shall be located the greatest possible
distance from mean high water, the landward edge of tidal wetlands, tributary
streams, nontidal wetlands, or steep slopes.
GL
Commission notification.
Within ten (10) working days after a written decision regarding a variance application is
issued, a copy of the decision will be sent to the Critical Area Commission. No permit for
the activity that was the subject of the application will be issued until the applicable 30-
day appeal period has elapsed.
36. Lot Consolidation and Reconfiguration.
$
A.
Applicability
The provisions of this section apply to a consolidation or a reconfiguration of any
nonconforming legal grandfathered parcel or lot. These provisions do not apply to the
reconfiguration or consolidation ofparcels or lots which are conforming or meet all Critical
Area requirements. Nonconforming parcels or lots include:

1. Those for which a Critical Area variance is sought or has been issued; and
2. Those located in the Resource Conservation Area and are less than 20 acres in size.
B. Procedure
An applicant seeking a parcel or lot consolidation or reconfiguration shall provide the
information required in COMAR 27.01.02.08.8.
1. Queenstown will not approve a proposed parcel or lot consolidation or
reconfiguration without making written findings in accordance with COMAR
27.0t.02.08.F.
2.
The Planning Commission shall issue a final written decision or order granting or
denying an application for a consolidation or reconfiguration.
a.
After a final written decision or order is issued, the Planning Commission
shall send a copy of the decision or order and a copy of any approved
development plan within ten (10) business days by U.S. mail to the Critical
Area Commission's business address.
37. Amendments.
$
A. Amendments.
The Town Commissioners may from time to time amend the Critical Area provisions of
this Chapter. Changes may include, but are not limited to amendments, revisions, and
modifications to these zoning regulations, Critical Area Maps, implementation procedures,
and local policies that affect Queenstown's Critical Area. All such amendments, revisions,
and modifications shall also be approved by the Critical Area Commission as established
in $8-1809 of the Natural Resources Article of the Annotated Code of Maryland. No such
amendment shall be implemented without approval of the Critical Area Commission.
Standards and procedures for Critical Area Commission approval of proposed amendments
are as set forth in the Critical Area Law $8-1809(D and $8-1809(d), respectively.
B. Zoningmap amendments.
Except for program amendments or program refinements developed during a six-year
comprehensive review, a zoning map amendment may only be granted by Town
Commissioners upon proof of a mistake in the existing zoning. This requirement does not
apply to proposed changes to a zoning map that meet the following criteria:
1. Are wholly consistent with the land classifications as shown on the adopted Official
Critical Area Overlay Map; or

2.
The use of growth allocation in accordance with the growth allocation provisions
of this Chapter is proposed.
C. Process.
1.
When an amendment is requested, the applicant shall submit the amendment to the
Planning Commission forreview and research. Upon completing Findings of Fact,
these documents shall be forwarded to the Town Commissioners.
2.
Town Commissioners shall hold a public hearing at which parties of interest and
citizens shall have an opportunity to be heard. At least fourteen (14) days' notice
of the time and place of such hearing shall be published in a newspaper of general
circulation in Queenstown.
3.
After the Town Commissioners approve an amendment, they shall forward their
decision and applicable resolutions along with the amendment request to the
Critical Area Commission for final approval.
38. Enforcement.
$
A.
Consistency.
The Critical Area provisions of this Chapter, in accordance with the Critical Area Act and
Criteria supersede any inconsistent law, Chapter or plan of Queenstown. In the case of
conflicting provisions, the stricter provisions shall apply.
B.
Violations.
1. No person shall violate any provision of this Chapter. Each violation that occurs
and each calendar day that a violation continues shall be a separate offense.
2. Each person who violates a provision of this Chapter shall be subject to separate
administrative civil penalties, abatement and restoration orders, and mitigation for
each offense.
3.
Noncompliance with any permit or order issued by the Town related to the Critical
Area shall be a violation of this Chapter and shall be enforced as provided herein.
C. Responsible persons.
The following persons may each be held jointly or severally responsible for a violation: (1)
persons who apply for or obtain any permit or approval, (2) contractors, (3) subcontractors,
(4) property owners, (5) managing agents, or (6) any person who has committed, assisted,
or participated in the violation.
D. Required enforcement action.

In the case of violations of this Chapter, the Town shall take enforcement action including:
l. Assess administrative civil penalties as necessary to cover the costs associated with
performing inspections, supervising or rendering assistance with identi$ring and
citing the violation, issuing abatement and restoration orders, and reviewing
mitigation plans and ensuring compliance with these plans;
2. Issue abatement, restoration, and mitigation orders as necessary to:
Stop unauth oized activity;
b. Restore and stabilize the site, as appropriate, to its condition prior to the
violation or to a condition that provides the same water quality and habitat
benefits; and
3. Require the implementation of mitigation measures, in addition to restoration
activities, to offset the environmental damage and degradation or loss of
environmental benefit resultins from the violation.
E. Right to enter property.
Except as otherwise authorized and in accordance with the procedures specified herein, the
Town Commissioners or their designee may obtain access to and enter a property in order
to identifu or veriff a suspected violation, restrain a development activity, or issue a
citation if the Town has probable cause to believe that a violation of this Chapter has
occurred, is occurring, or will occur. Town officials shall make a reasonable effort to
contact a property owner before obtaining access to or enter the property. If entry is denied,
the Town may seek an administrative search warrant to enter the property to pursue an
enforcement action.
F. Administrative civil penalties.
In addition to any other penalty applicable under State or Town law, every violation of a
provision of Natural Resources Article, Title 8 Subtitle 18 or Critical Area provisions of
this Chapter shall be punishable by a civil penalty of up to $10,000 per calendar day.
1.
Before imposing any civil penalty, the person(s) believed to have violated this
if
Chapter shall receive: written notice of the alleged violation(s) including which,
any, are continuing violations, and an opportunity to be heard. The amount of the
civil penalty for each violation, including each continuing violation, shall be
determined separately. For each continuing violation, the amount of the civil
penalty shall be determined per day. In determining the amount of the civil penalty,
the Town shall consider:
a.
The gravity of the violation;

b.
The presence or absence of good faith of the violator'
c.
Any willfulness or negligence involved in the violation including a history
of prior violations;
d. The environmental impact of the violation; and
The cost of restoration of the resource affected by the violation and
mitigation for damage to that resource, including the cost to Queenstown
for performing, supervising, or rendering assistance to the restoration and
mitigation.
2. Administrative civil penalties for continuing violations shall accrue for each
violation, every day each violation continues, with no requirements for additional
assessments, notice, or hearings for each separate offense. The total amount payable
for continuing violations shall be the amount assessed per day for each violation
multiplied by the number of days that each violation has continued.
J. The person responsible for any continuing violation shall promptly provide the
Town with written notice of the date(s) the violation has been or will be brought
into compliance and the date(s) for Town inspection to veriff compliance.
Administrative civil penalties for continuing violations continue to accrue as set
forth herein until the Town receives such written notice and verifies compliance by
inspection or otherwise.
4.
Assessment and payment of administrative civil penalties shall be in addition to
and not in substitution for recovery by the Town of all damages, costs, and other
expenses caused by the violation.
5.
Payment of all administrative civil penalties assessed shall be a condition precedent
to the issuance of any permit or other approval required by this Chapter.
G. Cumulative remedies.
The remedies available to the Town under this Chapter are cumulative and not alternative
or exclusive, and the decision to pursue one remedy does not preclude pursuit of others.
H. Injunctive relief.
The Town may institute injunctive or other appropriate actions or proceedings to bring
about the discontinuance of any violation of this Chapter, an administrative order, apermit,
a decision, or other imposed condition.
l. The pendency of an appeal to the Board of Appeals or subsequent judicial review
shall not prevent the Town from seeking injunctive relief to enforce an

administrative order, permit, decisions, or other imposed condition, or to restrain a
violation pending the outcome of the appeal or judicial review.
I.
Variances pursuant to a violation.
te a er*rrent vielatien ef this 'rlbtitle er ariy previsiens ef an erder; permit; plan; er this
resteratien; ane mitl
In accordance with Part 16.E, the Town may not accept an application for a variance to
legalize a violation of this Ordinance, including an unpermitted structure or
development activity, unless the Town hasfirst issued a notice of violation, including an
assessment of an administrative or civil penalty for the violation.
J.
Permits pursuant to a violation.
The Town will not issue any permit, approval, variance, or special exception, unless the
person seeking the permit has:
1. Fully paid all administrative, civil, or criminal penalties as set forth in $F above;
2.
Prepared a restoration or mitigation plan, approved by the Town, to abate impacts
to water quality or natural resources as a result of the violation;
3. Performed the abatement measures in the approved plan in accordance with all
Town regulations; and
4. Unless an extension of time is approved by the Town because of adverse planting
conditions, within 90 days of the issuance of a permit, approval, variance, or special
exception for the affected property, any additional mitigation required as a
condition of approval for the permit, approval, variance, or special exception shall
be completed.
K.
Appeals.
An appeal to the Board of Appeals may be filed by any person aggrieved by any order,
requirement, decision or determination by the Town in connection with the administration
and enforcement of this Chapter.
1. An appeal is taken by filing a written notice of appeal with the Board of Appeals in
accordance with the provisions of the Chapter and accompanied by the appropriate
filing fee.
2. An appeal must be filed within thirty (30) days after the date of the decision or
order being appealed; and

3.
An appeal stays all actions by the Town seeking enforcement or compliance with
the order or decisions being appealed, unless the Town certifies to the Board of
Appeals that (because of facts stated in the certificate) such stay will cause
imminent peril to life or property. In such a case, action by the Town shall not be
stayed except by order of a court on application of the party seeking the stay.
39. The lS04eet Buffer.
$
A.
Applicability and Delineation
An applicant for a development activity or a change in land use shall apply all of the
required standards for a minimum 100-foot Buffer as described in this part. The minimum
100-foot Buffer shall be delineated in the field and shall be shown on all applications as
follows:
l. The minimum 100-foot Buffer is delineated, based on existing field conditions,
landward from:
a.
The mean high water line of tidal water;
b.
The edge of each bank of a tributary stream; and
c.
The landward boundary of a tidal wetland.
2. The Buffer shall be expanded beyond the minimum 100-foot Buffer as described
in $A1 above and the minimum 200-foot Buffer as described in gA3 below, to
include the following contiguous land features:
a.
A steep slope at a rate of four (4) feet for every one percent (1%) of slope
or the entire steep slope to the top of the slope, whichever is greater;
b.
A nontidal wetland to the upland boundary of the nontidal wetland;
c.
The 100-foot buffer that is associated with a Nontidal Wetland of Special
State Concern as stated in COMAR $26.23.06.01;
d.
For an area of hydric soils or highly erodible soils, the lesser of:
(l)
The landward edge of the hydric or highly erodible soils; or
(2)
Three hundred feet where the 300 foot expansion area includes the
minimum I O0-foot Buffer.
J. Applications for a subdivision or for a development activity on land located within
the RCA requiring site plan approval after July l, 2008 shall include:

a.
An expanded Buffer in accordance with $A(2) above; or
b.
A Buffer of at least two hundred (200) feet from a tidal waterway or tidal
wetlands; and a Buffer of at least 100-feet from a tributary stream,
whichever is greater.
4.
The provisions of $A(3) above do not apply if:
a.
The application for subdivision or site plan approval was submitted before
July l, 2008, and were legally recorded (subdivisions) or received final site
plan approval (site plans), by July I,2010;
b.
The application involves the use of growth allocation.
B.
Permitted activities.
If approved by the Town, in conjunction with an approved Buffer management plan,
disturbance to the Buffer is permitted for the following activities only
1.
A new development or redevelopment activity associated with a water-dependent
facility; or
2.
A shore erosion control activity constructed in accordance with COMAR 26.24.02,
COMAR 27.01.04, and this Chapter;
3.
A development or redevelopment activity approved in accordance with the variance
provisions of this Chapter;
4.
A new development or redevelopment activity on a lot or parcel that was created
before January I,2010 where:
(a)
The Buffer is expanded for highly erodible soil on a slope less than 15
percent or is expanded for a hydric soil and the expanded Buffer occupies
at least 75o/o of the lot or parcel;
(b) The development or redevelopment is located in the expanded portion of
the Buffer and not within the 1O0-foot Buffer: and
(c)
Mitigation occurs at a 2:1 ratio based on the lot coverage of the proposed
development activity that is in the expanded Buffer.
5. The installation or replacement of septic systems on a lot created before January
17,1989 where:

(a)
The Health Department has determined that the Buffer is the only available
location for the septic system; and
(b)
Mitigation is provided at aratio of l:1 for the area of canopy cleared of any
forest or developed woodland.
6.
Riparian access for water access, where mitigation is required at a rate of 2:1.
C.
Buffer establishment in vegetation.
that eeetrs eutside the Buffeq bnt-is leeated en a riparian let er pareelthat ineludes the
ferested er futty est
i
l-
The previsiens ef this seefen apply te:
b,
r\ let er pareel that:s eenverted frem ene lend Bse te anether;
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1.
The requirements of this regulation are applicable to:
a. A development or redevelopment activity that occurs on a lot or parcel
that includes a Buffer to tidal waters, a tidal wetland, or a tributary stream
if that development or redevelopment activity is located outside the buffer;
and
b.
The approval of a subdivision that includes a Buffer to tidal h'aters, a tidal
wetland, or a tributary stream.
2. If an applicant for a subdivision of a lot uses or leases the lot for an agricultural
purpose, the applicant:
a. In accordance with local land recordation requirements, shall record an
approved Balfer Management Plan under F of this Chapter; and

b.
May delay implementation of the Buffer Management Plan until the use
of the lot is converted to a nonagricultural purpose.
3.
The requirements of this regulation are not applicable to an in-kind replacement
of a structure.
4.
The applicant shall establish the Buffer in vegetation in accordance with the table
below and E of this Chapter and provide a Bulfer Management Plan under F
when an applicant applies for:
a.
Approval of a subdivision;
b.
Conversion from one land use to another land use on a lot or a parcel or
c.
Development on a lot or a parcel created before January 1, 2010.
5. When the Buffer is not fully forested or is not fully established in existing,
naturally occuruing woody or wetland vegetation, an applicant shall establish the
buffer to the extent required in COMAR 27.01.09.01-1(C).
Table C.4 Bulfer establishment requirements
Development Category Lot Created Before January Lot Created After January 17, 1989
17. 1989
Development on a vacant lot Establish the Bulfer based on Fully establish the Bulfer
total square footage of lot
coverase outside the Buffer
Subdivision Fullv establish the buffer
New lot with un existing dwelling Establish the Bulfer based on total square footage of lot coverage
unit outside the Buffer
Conversion of a land use on a Fully establish the Buffer
parcel or lot to another land ase
Addition, accessory structure, or Establish the Bulfer based on net square footage increase in lot
redevelooment coverage outside the Buffer
S u b sta ntial alte ratio n Establish the Buffer based on total square footage of lot coverage
outside the Buffer
6.
The Town may authorize an applicant to deductfrom the total establishment
requirement an area of lot coversge removedfrom the Buffer ifi
a.
The lot coverage existed before the date oflocalprogram adoption or
was allowed by local proceduresl and
b.
The total area is stabilized.

D. Mitigation for impacts to the Buffer.
An applicant for a development activity that includes disturbance to the Buffer shall
mitigate for impacts to the Buffer and shall provide a Buffer Management Plan in
accordance with the standards set forth in this section.
l. Authorized development activities may include a variance, subdivision, site plan,
shore erosion control permit, building permit, grading permit, and special
exception, septic system approved by the Health Department on a lot created before
January 17,1989.
All
2. authorized development activities shall be mitigated according to COMAR
27.0r.09.0r-2.
J. All unauthorized development activities in the Buffer shall be mitigated at a ratio
of 4:1 for the area of disturbance in the Buffer.
4. Planting for mitigation shall be planted onsite within the Buffer. If mitigation
planting cannot be located within the Buffer, the Town may permit planting in the
following order of priority:
a. On-site and adjacent to the Buffer; and
b. On-site elsewhere in the Critical Area; and
c. Fee-in-lieu in accordance with 539.1. of this Section and COMAR
27.0t.09.01-5.
E. Buffer Planting Standards.
1.
An applicant that is required to plant the Buffer for Buffer establishment or Buffer
mitigation shall apply the planting standards set forth in COMAR 27.01.09.01-2.
2.
A variance to the planting and mitigation standards of this Chapter is not permitted.
F. Required Submittal of Buffer Management Plans.
An applicant that is required to plant the Buffer to meet establishment or mitigation
requirements shall submit a Buffer Management Plan as provided in COMAR 27 .01.09.01-
3 with the application for the specific activity. The provisions of this part do not apply to
maintaining an existing grass lawn or an existing garden in the Buffer.
1. A Buffer Management Plan that includes planting for establishment shall be
submitted with all other application materials, and shall clearly speci$ the area to
be planted and state if the applicant is:

a.
Fully establishing the Buffer;
b. Partially establishing an area of the Buffer equal to the net increase in lot
coverage, or
c.
Partially establishing an area of the Buffer equal to the total lot coverage.
2.
Any permit for development activity that requires Buffer establishment or Buffer
mitigation will not be issued until the Town approves a Buffer Management Plan.
3 An applicant may not obtain final approval of a subdivision application until the
Buffer Management Plan has been reviewed and approved by the Town.
4.
The Town will not approve a Buffer Management Plan unless:
a. The plan clearly indicates that all planting standards under $E will be met;
and
b.
Appropriate measures are in place for the protection and maintenance of all
Buffer areas.
5.
For a Buffer Management Plan that is the result of an authorized disturbance to the
Buffer, a permit authorizing final use and occupancy will not be issued until the
applicant:
a.
Completes implementation of a Buffer Management Plan; or
b.
Provides financial assurance to cover the costs for:
(1)
Materials and installation; and
(2) If the mitigation or establishment requirement is at least 5,000
square feet, long-term survivability requirements as set forth in
coMAR 27.0r.09.01-2.
6. Concurrent with recordation of a subdivision plat, an applicant shall record a
protective easement for the Buffer.
7. If an applicant fails to implement a Buffer Management Plan, that failure shall
constitute a violation of this Chapter.
the+iela*ie*
8. An applicant shall post the property proposed for subdivision prior to final
recordation in accordance with COMAR 27.01.09.0I-2.

9. Buffer management plans that include natural regeneration shall follow the
provisions of COMAR 27 .01.09.01 -4.
I.
Fees-In-Lieu of Buffer Mitigation.
A fee in-lieu of mitigation will be collected if the planting requirements of the Buffer
Management Plan cannot be fully met onsite in accordance with the following standards:
l.
Fee-in-lieu monies shall be collected and held in a special fund, which may not
revert to Queenstown's general fund;
2.
Fee-in-lieu shall be assessed at $1.50 per square foot of required Buffer mitigation;
3. A portion of fee-in-lieu money can be used for management and administrative
costs; however. this cannot exceed 20o/o of the fees collected: and
4
Fee-in-lieu monies shall be used for the following projects:
a. To establish the Buffer on sites where planting is not a condition of
development or redevelopment;
b.
For water quality and habitat enhancement projects as approved by the
Critical Area Commission or by agreement between the Town and the
Critical Area Commission.
J.
Shore Erosion Control Projects.
Shore erosion control measures are permitted activities within the Buffer in accordance
with the following requirements:
1.
An applicant for a shore erosion control project that affects the Buffer in any way,
including, but not limited to access, vegetation removal and pruning, or backfilling
shall submit a Buffer Management Plan in accordance with the requirernents of this
section: and
2.
Comply fully with all of the policies and criteria for a shore erosion control project
stated in COMAR 27.01.04 and COMAR26.24.06.01.
$ 40. Buffer Management Area (BMA) Provisions.
The following provisions apply to areas designated and mapped by Queenstown and approved
by the Critical Area Commission as a Bulfer Management Area (BMA) and are shown on the
Ol/icial Critical Area maps.

A. Development and Redevelopment Standards.
New development or redevelopment activities, including structures, roads, parking areas
and other impervious surfaces or septic systems will not be permitted in the Buffer in a
designated BMA unless the applicant can demonstrate that there is no feasible alternative
and the Planning Commission finds that efforts have been made to minimize Buffer
impacts and the development complies with the following standards:
1.
Development and redevelopment activities have been located as far as possible
from mean high tide, the landward edge of tidal wetlands, or the edge of tributary
streams.
2. Variances to other local setback requirernents have been considered before
additional intrusion into the Buffer.
J. Commercial, industrial, institutional, recreational and multi-family residential
development and redevelopment shall meet the following standards:
a.
New development, including accessory structures, shall minimizethe extent
of intrusion into the Buffer. New development shall not be located closer
to the water (or edge of tidal wetlands) than the minimum required setback
for the zoning district or fifty (50) feet, whichever is greater. Structures on
adjacent properties shall not be used to determine the setback line.
b.
Redevelopment, including accessory strucfures, shall minimize the extent
of intrusion into the Buffer. Redevelopment shall not be located closer to
the water (or edge of tidal wetlands) than the minimum setback for the
zoning district or twenty-five (25) feet, whichever is greater. Structures on
adjacent properties shall not be used to determine the setback line. A new
structure may be constructed on the footprint of an existing structure.
4. Single family residential development and redevelopment shall meet the following
standards:
New development or redevelopment shall minimize the shoreward extent
of intrusion into the Buffer. New development and redevelopment shall not
be located closer to the water (or the edge of tidal wetlands) than principal
structures on adjacent properties or the minimum setback for the zoning
district, whichever is greater. In no case shall new development or
redevelopment be located less than fifty (50) feet from the water (or the
edge of tidal wetlands).
b. Existing principal or accessory structures may be replaced in the same
footprint.

c.
New accessory structures may be located closer to the water than the
if
setback the Planning Commission has determined there are no other
locations for the structures. The area of new accessory structures shall not
exceed five hundred (500) square feet within fifty (50) feet of the water and
1,000 square feet total in the Buffer.
5. Variances to other local setback requirements shall be considered before additional
intrusion into the Buffer is permitted.
6. Development and redevelopment may not impact any Habitat Protection Area
(HPA) other than the Buffer, including nontidal wetlands, other State or federal
permits notwithstanding.
7. Buffer Management Area (BMA) designation shall not be used to facilitate the
filling of tidal wetlands that are contiguous to the Buffer or to create additional
buildable land for new development or redevelopment.
8. No natural vegetation may be removed in the Buffer except that required by the
proposed construction.
9. Mitigation for development or redevelopment in the BMA approved under the
provisions of this subsection shall be implemented as follows:
a.
Natural forest vegetation of an area twice the extent of the footprint of the
development activity within the 100-foot Buffer shall be planted on site in
the Buffer or at another location approved by the Planning Commission.
b.
Applicants who cannot fully comply with the planting requirement in
$a
above, may use offset this requirement by removing an equivalent area of
existing lot coverage in the Buffer.
c.
Applicants who cannot comply with either the planting or offset
requirernents in $a or $b above shall pay into a fee-in-lieu program as
follows:
(l) Applicants shall submit to the Planning Commission two cost
estimates from qualified landscape businesses for planting the
equivalent of twice the extent of the development within the 100-
foot Buffer. The estimate shall include the cost of stock, planting,
staking, mulching and a one year survival guarantee.
(2)
The Planning Commission shall determine the amount ofthe fee-in-
lieu based on the average of the two estimates.
d.
Any fees-in-lieu collected under these provisions shall be placed in an
account that will assure the use of the funds only for projects within the

Critical Area to enhance wildlife habitat, improve water quality, or
otherwise promote the goals of the Queenstown's Critical Area Program.
The funds cannot be used to accomplish a project or measure that would
have been required under existing local, State, or federal laws, regulations,
statutes, or permits. The status of these funds must be reported in the
jurisdiction's quarterly reports.
e. Any required mitigation or offset areas shall be protected from future
development through an easement, development agreement, plat notes or
other instrument approved by the Town and recorded among the land
records of the County.
41. Other llabitat Protection Areas.
$
A.
Identification.
An applicant for a development activity, redevelopment activity or change in land use shall
identiff all applicable Habitat Protection Areas and follow the standards contained in this
section. Habitat Protection Areas include:
t. Threatened or endangered species or species in need ofconservation;
2. Colonial waterbird nesting sites;
a J. Historic waterfowl staging and concentration areas in tidal waters, tributary streams
or tidal and nontidal wetlands;
4. Existing riparian forests;
5. Forest areas utilized as breeding areas by forest interior dwelling birds and other
wildlife species;
6. Other plant and wildlife habitats determined to be of local significance;
7. Natural Heritage Areas; and
8. Anadromous fi sh propagation waters.
B. Standards
1. An applicant for a development activity proposed for a site within the Critical Area
that is in or near a Habitat Protection Area listed above shall request review by the
Department of Natural Resources Wildlife and Heritage Service for comment and
technical advice. Based on the Department's recommendations, additional research
and site analysis may be required to identiff the specific location of a Habitat
Protection Area on or near the site.

2. ff the presenee ef a Hab
ieant shall develep a Habitat Preteefen Plan in
If the presence of any HPA
is confirmed by the Department of Natural Resources, the applicant shallfollow
all recommendations from Department of Natural Resources, and as necessary
United Stutes Fish Wildffi Service.
a. If potential Forest Interior Dwelling Species (FIDS) habitat is idenffied,
the proposed development shall conform to the Critical Area
Commission's FIDS Guidance Manual, dated June 2000 and as updated.
b. If potential anadromous Jish propagation waters are identiJied, the
proposed development shall conform to the policies and criteria listed in
coMAR 27.01.09.05.
3.
The applicant shall obtain approval ofthe Habitat Protection Plan from the Planning
Commission or the appropriate designated approving authority. The specific
protection and conservation measures included in the Plan shall be considered
conditions of approval of the project.
$ 42. Part 19. Water Dependent Facilities.
A.
Applicability. The provisions of this chapter apply to those structures or works
associated with industrial, maritime, recreational, educational, orfisheries activities that
require location at or near the shoreline within the Buffer. An activity is water-dependent
if it cannot exist outside the Bulfer and is dependent on the water by reason of the
intrinsic natare of its operation.
B.
Identification. Water dependent facilities include, but are not limited to, ports,
the intake and outfall structures of powerplantsrwater-use industries, marinas and other
boat docking structures, public beaches and other public water-oriented recreation
areus' andiisheries activities. Excluded from this regulation are individual private piers
installed or maintained by riparian landowners, and which are not part of a subdivision
that provides community piers.
C.
General policies. The policies of Queenstown with regard to water-dependent
facilities shall be to limit development activities in the Buffer to those that are water-
dependent and provide by design and location criteria that these activities will have
minimal individual and cumulative impacts on water quality andftsh, wildlife, and plant
habitat in the Critical Area.
D.
Standards. The following standards shall apply to new or expanded development
activities associated with water-dependent facilities :

1. New or expanded development activities may be permitted in the Buffer in the
Intensely Developed Areas and Limited Development Areas provided that it can
be shown:
That they are water-dependent;
That the project meets a recognized private right or public need;
c. That adverse elfects on water quality, fish, plant and wildlife habitat are
minimiaed;
d. That, insofur as possible, non-water-dependent structures or operations
associated with water-dependent projects or activities are located outside
the buffer; and
That the facilities are consistent with an approved local plan as set forth
below,
2. New or expanded development activities may not be permitted in those portions
of the Bulfer which occur in Resource Conservation Areas. Applicantsfor water-
dependent facilities in a Resource Conservation Area, other than those
specijically permined herein, must apply for a portion of the Townts growth
allocation as set forth in this ordinance.
E.
Evaluating plans for new and expanded water-dependent facilities. The Town
shall evaluate on a case-by-case basis all proposals for expansion of existing or new
water-dependent facilities. The Town shall work with appropriate State and federal
agencies to ensure compliance with applicable regulations. The following factors shall
be considered when evaluating proposals for new or expanded. water dependent
facilities:
L That the sctivities will not signfficantly alter existing water circulation patterns
or salinity regimes;
) That the water body upon which these activities are proposed has adequate
flushing characteristics in the area;
3. That disturbance to wetlands, submerged aquatic plant beds, or other areas of
important aquatic habitats will be minimiaed;
4. That adverse impacts to nater quality that msy occur as a result of these activities,
such as non-point source run-off, sewage discharge from land activities or
vessels, or from boat cleaning and maintenunce operations, is minimized;
). That sheffish beds will not be disturbed or be 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 tenestrial habitats in the
area immediately suruounding the dredging operation or within the critical area,
generally;
7 That dredged spoil will not be placed within the Buffir or elsewhere in that
portion of the Critical Area which has been designated as a Habitat Protection
Area except as necessary for:
s.
Backfillfor 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.
8.
That interference with the natural transport of sand will be minimized; and
9. That disturbance will be avoided to historic areas of waterfowl staging and
concentration or other Habitat Protection Areas identified in the Habitat
Protection Area Chapters of this ordinance.
F.
Industrial and port-relutedfacilities. 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 that have been designated as Bulfer Management Areas
as described in this ordinance and are subject to the provisions set forth in that Chapter.
G.
Marinas and other commercial maritime facilities.
New, expanded or redeveloped marinas may be permined subject to the requirements set forth
below:
L New, expanded or redeveloped marinas may be permitted in the Bulfer within
Intensely Developed Areas and Limited Development Areas.
2. New marinas or related maritime facilities may not be permitted in the Buffer
within Resource Conservation Areas except, expansion of existing marinas may
be permitted within Resource Conservation Areas provided that it is sufficiently
demonstrated thut the expansion will not adversely affect water quality, and that
it will result in an overall net improvement in water quality at or leaving the site
of the marina.
3. New and existing marinas shall meet the sanitary requirements of the
Department of the Environment as required in COMAR 26.04.02. New marinas

shall establish a means of minimizing the discharge of bottom wash waters into
tidal waters.
H. Community piers. New or expanded community marinss and other non-
commercial boat-docking and storage facilities may be permitted in the Buffer subject to the
requirements in this Ordinance provided that:
1.
These facilities may not olfer food, fuel, or other goods and services for sale and
shall provide adequate and clean sunitary facilities;
2.
The facilities are community-owned and established and operated for the benefit
of the residents of a platted and recorded riparian subdivision;
3.
Thefocilities are ussociated with a residentiul development approved by the Town
for the Critical Area and consistent with all State requirements and program
requirements for the Critical Area;
4. Disturbance to the Buffer is the minimum necessary to provide a single point of
access to the facilities; and
5. If community piers, slips, or moorings are provided as part of the new
development, private piers in the development are not allowed.
L Number of slips or piers permitted. The number of slips or piers permitted at the
facility shall be the lesser of 1 or 2 below:
1. One slip for each 50 feet of shoreline in the subdivision in the Intensely
of
Developed and Limited Development Areas and one slip for each 300 feet
shoreline in the subdivision in the Resource Conservation Area; or
2. A density of stips or piers to platted lots or dwellings within the subdivision in the
Critical Area according to the following schedule:
Table 1.2 Number of Slips Permitted
Platted Lots or Dwellings in the Critical Slips
Area
Uo to 15 I for each lot
16-40 I5 or 75% whichever is greater
41 - 100 30 or 50% whichever is greater
101 - 300 50 or 25% whichever is greater
Over 300 75 or 15% whichever is greater
J. Public beaches and other public recreation or education areas. Public beaches
or other public water-oriented recreation or education areas including, but not limited to'
pabticly owned boat launching and docking facilities and iishing piers may be permitted in the

Bulfer in Intensely Developed Areas. These facilities may be permitted within the Buffer in
Limited Development Areas and Resource Consewation Areas provided that:
1.
Adequate sanitary facilities exist;
2.
Service facilities are, to the extent possible, Iocuted outside the Buffer;
3. Permeable surfoces are used to the ertent practicable, if no degradation of
groundwater would result;
4.
Disturbance to natural vegetation is minimized; and
5.
Areas for possible recreation, such as nature study, and hunting and trapping,
andfor education, may be permitted in the Buffer within Resource Consewation
Areas if senice facilities for these uses are located outside of the Buffer.
K.
Research areas. Water-dependent research facilities or activities operated by
State, Federal, or local agencies or edacational institutions may be permitted in the Buffer, if
non-water-dependent structures or facilities associated with these project are, to the extent
possible,located outside of the Buffer.
L.
Fisheries activities. Lands and water areas with high aquacultural potential will
be identified by the Town in cooperation with the State when applications for new or expanded
fisheries or aqaaculture facilities in these Areas are submitted to the Town. These areas are
encouragedfor that use and ifso used, should be protectedfrom degradation by other types of
land and water use or by adjacent land and water uses. Commercial water-dependentfisheriis
inclading, but not limited to structures for crab shedding, fish off-loading docks,-shefifish
culture operations and shore-basedfacilities necessaryfor aquaculture operations and jishiries
activities may be permined in the Bulfer in Intensely Developed Areas, Limited Devilopment
Areas and Resource Conservation Areus.
K. Non-water-dependent Structures on Piers.
Except as provided in paragraphs 2 and 3 of this subsection and nowithstanding
any other provisions of the law, Queenstown may not issue a building permit or
any other approval to authorize a non-water dependent project locatecl on State
or private wetlands within the Critical Area.
2. The Town may issue a building permit or any other approval to authorize a non-
water dependent project located on State or private wetlands within the Critical
Area if the project:
a. Involves a commercial activity that is permitted as a secondary or
accessory use to a permitted primary commercial use;

b. Is not located on a pier that is attached to residentially, institutionally, or
industrially used properQt ;
c. Is located in:
(1) An Intensely Developed Area (IDA) and the project is authorized
under a program amendmentto Town'sJ CriticalArea Program approved
on or after July 1, 2013, if the approved program amendment includes
necessary changes to Town's zoning, subdivision and other ordinances so
as to be consistent with, or more restrictive than, the requirements
required under this paragraph; or
(2) An area that has been excluded from the Queenstown Critical Area
program if the exclusion has been adopted or approved by the Critical
Area Commission for the Chesapeake and Atlantic Coastal Bays;
d. Is approved by the Planning Commission after the Queenstown program
amendment under Subparagraph (c)(l) above, d applicable, has been
approved;
e. Allows or enhances public access to State wetlands;
f. Does not expand beyond the length, width, or channelward encroachment
of the pier on which the project is constructed;
g. Has a height of up to eighteen (18) feet unless the project is located at a
murina: and
h. Is up to 1,000 squarefeet in total area; or
(1) Is located on a pier that was in existence on or before December
31, 2012;
(2) Satisftes all of the requirements under Section 2a-g of this
paragraph; and
(3) If applicable, has a temporary or permanent roof structure or
covering that is up to 1,000 squarefeet in total areu
3. Queenstown may issue a building permit or other approval to authorize a non-
water dependent project for a small-scale renewable energl system on a pier
located on State or private wetlands within the Critical Area if the project:
L Involves the installation or placement of a small-scale renewable energy
system that is permitted as a secondary or accessory use on a pier that is
uuthorized under Title 16 of the Environment Article;

b. Is located in:
(1)
The Chesapeake and Atlantic Coastal Bays Critical Area and the
project is authorized under a program amendment to the Town's Critical
Area Program approved on or after July 1, 2013, ifthe approved program
amendment includes necessary changes to the Town's zoning,
subdivision, and other ordinances so as to be consistent with or more
restrictive than the requirements provided under this paragraph; or
(2)
An areu that has been excluded from the Town's Critical Area
Program that has been adopted or approved by the Critical Area
Commission for the Chesapeake and Atlantic Coastal Bays;
Is approved by the Planning Commission after the Town's amendment in
accordance with Subparagraph 3b.1 above, if applicable, has been
approved;
d. A building permit or other approval issued under the requirements in
Subparagraph 3 above may include the installarton or placement ofi
(1)
A solar energt system attached to a pier of the device or equipment
associated with that system does not extend more than:
(t)
four (4) feet above or eighteen (18) inches below the deck
of the pier; or
(ir)
one (1) foot beyond the length or width of the pier;
(2)
A solar energ) system attached to a piling if there is only one solar
panel per boat slip;
(3)
A solar energl system attached to a bouthouse roof dthe device or
equipment associated with that system does not extend beyond the length,
width, or height of the boathouse roof;
(4) A closed-loop geothermal heat exchanger under a pier if the
geothermal heat exchanger or any associated devices or equipment do
not:
(t) Extend beyond the length, width, or channelward
encroachment of the pier;
(i,
Deleteriously alter longshore drift; or
(iir) Cause significant individual or cumulative thermal
impacts to aquatic resources; or

(5)
A wind energ) system attached to a pier if there is only one wind energ)
system per pier for which:
(r)
The height from the deck of the pier to the blade extended at its
highest point is up to twelve (12) feet;
(i,
The rotor diameter of the wind turbine is up to four (4) feet; and
(iir)
The setbacks of the wind energt system from the nearest propertlt
line and from the channelward edge of the pier to which that system is
attached are at least 1.5 times the total height of the system from its base
to the blade extended at its highest point.
Section 2. The Queenstown Zoning Ordinance, Article II, Section 8 is hereby amended
to include the following definitions:
ACCESSORY STRaCTaRE - a structure that is detachedfrom the principal structure,located
on the same lot and clearly incidental and sabordinate to a principal structure, or if there is no
principal structure on the lot, a structure that is customarily incidental and subordinate to a
principal structure.
ADDITION - A newly constructed area that increases the size of a structure.
BUFFER MANAGEMENT AREA (BMA) - An area officially mapped by Queenstown and
approved by the Critical Area Commission as a MBA, where it has been sufficiently
demonstrated that the existing pattern of residential, industrial, commercial, institutional, or
recreational development prevents the Bulfer from fulJihing its water quality and habitat
functions, andwhere development in uccordance with speciji.c MBA provisions can be permitted
in the Bulfer without a variance.
B(IFFER MANAGEMENT PLAN - A major Buffir Management Plan, u minor Bulfer
Management Plan, and a simpffied Buffir Management Plan.
CRITICAL AREA COMMISSION - The Critical Area Commission for the Chesapeake and
Atlantic Coastal Bays.
Section 3. Unless specifically amended as set forth above, all other provisions of the
n Zoning Ordinance shall remain unchanged.
Queenstow
Section 4. 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 PASSED by the Town Commissioners for the Town of
this 3.t' of
Queenstown on Oay 5uLy ,2021.
TOWN COMMISSIONERS FOR THE
TOWN,OF QUEENSTO
Thomas B. Willis, Jr., Presi
Alton Hardee. Commi
. Town Clerk
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Italicized, bold text: added text