Town Code & Ordinances Ordinance — Ordinance-25-03

ORDINANCE NO.25-03

Introduced by: Bryon Callahan, Commissioner

AN ORDINANCE OF THE TOWN OF QUEENSTOWTI TO AMEND ARTICLE II AND

ARTICLE IV PART III OF THE QUEENSTOWII ZONING ORDINAIICE TITLED,

*CRITICAL

AREA OVERLAY DISTRICT" TO COMPLY WITH RECENT

LEGISLATION

WHEREAS, Md. Code Ann. Land Use Article $ 4-z}2authorizes municipalities to adopt zoning regulations as it determines are in the public health, safety and welfare; and WHEREAS, in accordance with Md. Code Ann. Natural Resources Article $ 8-1808, the Town of Queenstown has adopted a Critical Area Program, which is set forth in Article IV, Part III of the Queenstown Zoning Ordinance, titled "CA Critical Area Overlay District"; and

WHEREAS, in the 2024 legislative session, House Bill 233 and Senate Bill 268 were enrolled which modified the Chesapeake and Atlantic Coastal Bays Critical Area Protection Program to incorporate climate resilience, environmental justice, and equity measures, and amended enforcement provisions; and WHEREAS, the Queenstown Planning Commission considered amendments to the Zoning Ordinance to comply with House Bill 233 and Senate Bill 268 and, recommended amendmenti

contained herein: and WHEREAS, the Commissioners of Queenstown held a duly advertised public hearing on the amendments to the Critical Area program on Bprl I 13 ,2025; 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 $ 8-180C(bXl) through (4).

NOW THEREFORE, BE IT ORDAINED BY THE COMMISSIONERS OF

QUEENSTOWN AS FOLLOWS:

1.

Section The Queenstown ZoningOrdinance, Article II is hereby amended as follows:

S 8. Definitions and word usage.

B. Definitions. For the purpose of this ZoningChapter, certain terms and words are hereby defined:

CLIMATE RESILIENCY - The capacity of a natural system to maintain function in the face of stresses imposed by ctimate change. Climnte Resiliency includes adipting a natural system to be better prepared for future climnte impacts, including sea levei risi, saltwater intrasion, wetland migrotion, storm surge, precipitation-induced tlooding, and other ertreme weather events.

ENVIRONMENTAL IaSTICE - The term has the mcaning stated iz $ 1-701 of the Environment Article Annotated Code of Maryland.

EQUITY - Promotion ofiustice, impartiality, andfairness within the procedures, processes, and distribution of resources by institutions or systents. Equity includes consideration of environmental burdens and beneftts, identifrcation of impacts and mitigation opportunities, increased representation in public participation, and provisions for public access to waterways.

NATURE-BASED FEATURES - Those smnll-scale nonstructural features that mimic characteristics of natural features and are created by human design, engineering, and construction to provide speciftc services, including coastal risk reduction. Nature-based features include living shorelines, oyster reefs, marsh restoration, and buffers.

OVERBURDENED COMMUNITY - This term has the meaning stated iz $ l-701 of the Environment Article Annotated Code of Maryland.

SHORELINE STABILIZATION PROTECI'* WORKS- TbOSC SITUCIUTCS Or MCASUTCS constructed or installed to prevent or minimize erosion of the shoreline in the Critical Areu 9HuRELINE STABILIZATION MEASURES Any number of structural and nonstructural mcthods or techniques ased to control the erosion of shoreline areos- IINDERRE\RESENTED COMMUNITY -' The term hast he meaning stated in $19-106 of the Business Regulation Article.

UNDERSERVED COMMUNITY -The term has the meaning stated in 51-201 of the Environment article.

Section 2. The Queenstown ZoningOrdinance, Article IV Part

III is hereby amended as follows:

zT.Implementation of the Critical Area Program Purpose and Goals.

S

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 runoff from surrounding lands;

2. Conserve fish, wildlife, and plant habitat; and

3. Establish land use policies for development in the Critical Area that accommodate

growth as well as address the environmental impacts that the number, movement, and activities of people may have on the arca;

4. Reduce vulnerabilrty to the impacts of climnte change and incorporate me(Nures

to improve the climate resiliency of the Chesapeake and Atlantic Coastal Bays and its tributories; and

5. Ensure an equitable distribution of the burdens and beneJits of development,

mitigotion, restoration, conservation, ond adaptation to climate change within the Critical Areo.

E. General Requirements l.

Development and redevelopment shall be subject to the Habitat Protection Area requirements prescribed in this Chapter.

2. New solid or hazardous waste collection or disposal facilities, or sanitary landftlls or

rubble Jills, including transfer stations, mny not be permitted in the Critical Area unless no environmentuAy preferable alternative exists outside the Critical Area, and these development activities or facilities are needed to conect an existing water quality wostewater management problem. Existing permitted facilities shall be subject to the standards and requirements of the Department of the Environment.

3. Development and redevelopmcnt shall be subject to the Habitot Protection Area

(HPA) requiremcnts of this Ordinance.

4. Development and redevelopment shall be subject to the water-dependent facilities

requirements of this Ordinance.

5. Utili$ fiansmission focilities, except those necessary to serve permitted uses or

where regional or interstatefacilities must cross tidal waters, may be permitted in the Critical Area provided:

a. The facilities ore located in IDAs; and b. Only after the activity or focility has demonstrated to all appropriate local and state permitting agencies will there be a net improvement in water qualityfor the adjacent body of water, c. These provisions do not include power plonts.

6. Roads, bridges, and utilities are prohibited in a Habitot Protection Area (HPA)

unless no feosible alternative exists. If a rood, bridge, or utility is authorized, the design, construction, and maintenonce shall:

o. Provide maximum erosion stabilization;

b. Minimize negative impacts on wildlife, aquatic life, and their habitats; and c. Mointain hydrologic processes and water quality.

7. AA developmcnt activities that must cross or affect streams shall be designed to:

a. Reduce increoses in flood frequency and severity that are ottributable to developnunt;

b. Retain tree canopy to mnintain streom water temperature within normal variation;

c. Provide a natural substrote for stream beds; and d. Minimize odverse water quality and quantity impacts of stormwater.

8. ll/here applicable, development and redevelopment shall include mitigation and

adaptation mcasures that address sea level rise, storm surge, precipitationinducedJlooding, other extreme weather events, migrating wetlands, and coastal forests, including measures to enhance the climate resiliency of the critical area by identifying, restoring, and creating and conserving existing and projected future natural and nature-based features.

2 9.Reasonable accommodations for the needs of disabled citizens.

F. Notification of project approval. Applicants -" t o.Uy notified that the Town will send copies of applications for all developments, subdivisions, and site plans wholly or partially within the Critical Area as specified in COMAR 27 .03.01.04 to the Critical Area Commission for review and comment.

Summary of Notification Requirements Critical Area Commission (coMAR 27.03.01) Requires Notification to the Critical Area Commission Yes/\lo Type of Application IDA LDA RCA l. Disturbance to a Habitation Protection Area Y Y Y

2. Physical disturbance to the Buffer Y Y Y

(see Note 1)

3. Variance from Critical Area Y Y Y

provisions

4. Development resulting in less than N N N

5,000 square feet of disturbance

5. Development resulting in between N N N

5,000 and 15,000 square feet of disturbance

6. Development resulting in greater Y Y Y

than 15,000 square 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 affecting Growth N/A Y Y

Allocation I 1. Intrafamily transfer N/A N/A Y l2.Rezoning that would occur wholly Y Y Y or partially within the Critical Area

13. Special exception or conditional use N Y Y

for industrial commercial, institutional, non-residential. or multifamilv

14. Substantial alteration to applications Y Y Y

previously submitted to the Critical Area Commission Note 1: [Shore stabilization] measures and private piers that do not involve disturbance to the Buffer and are not permitted by MDE do not require Critical Area Commission notifi cation.

G. State and local agency projects.

(1) For all development in the Critical Area resulting from local ogency projects,

the Town of Queenstown shall comply with the provisions of COfuIAR 27.02, as amended from time to time. If applicable, consistency reports shall be submitted to the Chesapeake Bay Critical Area Commission.

(2) The Town of Queenstown will ensure the eqaitable distribution of the beneftts

and burdens of development, restoration, and mitigation within the critical area and equity in the public participation process for idenffied underserved and overburdened communities within the critical area for all Town projects.J

Section 3. The Queenstown Zoning Ordinance, Article IV Part

III is hereby amended as follows:

$ 29. Limited Development Areas.

B. Development standards.

(6) Except as otherwise provided in this subsection, lot coverage is limited to I 5Yo 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 existed on or before December 1, 1985, then lot coveruge 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 approve{ after December l, 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:

(1) The lot or parcel is legally nonconforming. A lot or parcel legally developed

as of July I o 2008, may be considered legally nonconforming for lot coverage requirements.

(2) Lot coverage associated with new development activities on the property

has 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-half acre 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 $(1) through g(4) above:

Table B6d Lot Coverage Limits LotfParcel Size (Square Feet) Lot Coverage Limit 0 - 8,000 25% of parcel + 500 SF 8,001 - 21,790 3l,25Yo of parcel

21,790 - 36,300 5,445 SF

36,301 - 43,560 15% 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:

(l) 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 activitv.

(3) If the applicant cannot provide appropriate stormwater treatment and plantings

due to site constraints, then the applicant shall pay afee 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.

(4) For development that uses previous materiols that the Crifical Area

Commission has approved, the limits established in sections d(3) and (4)l oI this subsection mny be exceeded by up to tive hundred (500) square feet.

4.

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

31. Land Use and Density.

S

B. Marimum Permitted Density

1. The morimum permitted density for properties located in the Queenstown Critical Area shall

be as shown in Table B I .

2. Calculation of 1-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:

o. 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) Only when using transfer of development rights; and (2) The area of private wetlands shall be fteld delineated when certifying development rights for transfer.

4.

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

$ 33. Growth Allocation.

C.

Standards.

g.

Locate new IDAs and LDAs outside of'areas vulnerable to climate change unless the Town proposes and the Critical Area Commission approves measures that:

a. Assess climate resiliency and vulnerability' and b. Incorporate siting, design, construction, and other natural features to enhance climate resiliency and reduce vulnerability significantly.

9 10. 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 satisff the 2}-acre size threshold set forth in subsection 3 aboveo and further 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 satisfu any or all of the criteria set forth in subsections 1-4, the Town may utilize a portion of its growth allocation in a 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 implement a specific goal, objective, or policy of the Queenstown Comprehensive Plan.

E. Application.

1.

Concept Plans. Unless waived by the Plonning Commission at the applicantts request, concept plans accompanying applications for the GA Floating Zone shall include the following information:

a. Boundary Survey, including identiftcation of adjacent property ou,ners;

b. Existing conditions;

c. Proposed open space, protected aFeas, and public and private parks;

d. Pedestrian and vehicular circulation plan showing the dominant street contiguration and pedestrian walking and biking alignments;

e. A detailed plan of at least one (1) phase, showing all applicable features:

(1) Road olignments;

(2) Lot conJiguration;

"')'';:;:::':::::;;:;:;;:.'

2. Studies and reports by qualilied professionals:

a. Nontidal wetlonds delineation;

b. Habitat protection areas study prepared by qualiJied professionals; and c. A concept plan indicating how stormwater will be managed on the site.

d. Report describing mitigotion and adaptotion nteasures that address sea level rise, storm surge, precipitation-induced tlooding, other extreme weather events, migrating wetlonds, and coastolfoFests. Idenffi measures to enhance climate resiliency, including restoring, creating, and conserving existing and projected future natural and nature-based features.

e. Assessment of the impacts of mitigotion, restoration, conseryation, and adaptation to climnte change on underserved communities and description of measures to ensure the eqaitable distrihution of the beneJits and burdens of development, restoration, and mitigation.

5.

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

38. Enforcement.

$ D. Required enforcement action.

In the case of violations of this Chapter, the Town shall take enforcement action including:

1.Assessffipena1tiesasneceSsarytocoverthecostsassociated with performing inspections, supervising or rendering assistance with identiffing 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:

a. Stop unauthonzed 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 resulting from the violation.

F.ffiPenalties.

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 dav.

l.

Before imposing any €.i{it penalty, the person(s) believed to have violated this Chapter shall receive written notice of the alleged violation(s), including which, if 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

10 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 e. 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.

Penaltiesforcontinuingviolationsshallaccrueforeach 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 amourt assessed per day for each violation multiplied by the number of days that each violation has continued.

3.

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. A.dminis*ra+ive €i{il 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.Assessmentandpaymentofffipenaltiesshallbeinadditiontoand not in substitution for recovery by the Town of all damageso costs, and other expenses caused by the violation.

5.Paymentofa1lffipenaltiesassessedshal1beaconditionprecedentto the issuance of any pennit or other approval required by this Chapter.

6.

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

11

39. The Buffer.

$ 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 on-site in accordance with the following standards:

1. Fee-in-lieu monies shall be collected and held in a special fuird, which may not

revert to Queenstown's general fund and may only be ased for projects within the Critical Area to enhance wildlife habitot, improve water quality or otherwise promrrte the goals of the Denton's Critical Area Program- Thefunds cannot be ased to accomplish a project or measure that would have been required under existing Town, State, or federal laws, regulations, statutes, or permits;

5. The Town will make the fee-in-lieu'fund plans and accoanting procedures

available to the public, ond the status of these funds must be reported in Queenstown's quarterly reports.

6. Any fees-in-lieu collected under these provisions shall be placed in an account

that will assure their use only for projects within the Critical Area to enhance wildlife habitat, improve water quality, or otherwise promote the goals of the Town's Critical Area Program.

7.

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

$ 42. Part 19. Water Dependent Facilities.

;

@ + PermeaUte strfaees are u 4, Disttrbanee te ratwal vegetatien is minimi-ed; and

I2

Butre* f. Public beaches and other public recreation or education areas.

1. Public beaches or other public water-oriented recreation or education areas,

including, but not limited to, publicly owned boat launching and docking facilities andfishing piers mny be permitted in the Bulfer in Intensely Developed AreAs.

2.

These facilities may be permitted within the Buffer in Limited Development Areas and Resource Conservation Areas provided that:

a. Adequate sonitary facilities exist;

b. Service focilities are, to the extent possible, located outside the Buffer;

c. Permeable sudaces are used to the extent practicable, if no degradation of groundwater would result;

d. Disturbance to natural vegetation is minimized; and e. Areas for possible recreation, such as nature study, and hunting and trapping, and for education, may be permitted in the Butfer within Resource Consemation Areas if service focilities for these uses are located outside of the Buffer.

3. ll/hen assessing areas for these facilities, consideration will be given to

underserved communities.

Section 8. The Queenstown Zonrng Ordinance, Article

XVI is hereby amended as follows:

194. Critical Area Amendments.

S

A.

The Town Commissioners may from time to time amend the provisions of this Zoning Chapter that apply to the CA Critical Area Overlay District. CA District amendments include, but are not limited to, amendments, revisions, and modifications to zoning regulations, Critical Area Maps, implementation procedures, and local policies that affect the CA District. 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 13 proposed amendments are as set forth in the Critical Area Law $ 8-1809(i) and $ 8- I 809(d), respectively.

B. The Town will review in its entirety of CA District provision and propose any necessary amendments at least every six (6) years. The anniversary of the date that the adoption of this Zoning Chapter shall be used to determine when the review shall be completed. Within sixty (60) days after the completion of the review, the Town will send the following information in writing to the Commission:

1. A statement certiffing that the required review has been accomplished;

2. A necessary requests for amendments, refinements, or other matters that the

Town wishes the Commission to consider;

3. An updated resource inventory; and

4. A statement quantiffing acreages within each land classification, the growth

allocation used, and the growth allocation remaining.

€, Exeept fur rnendrnents er refinerrents develeped dwing a six-year eemprehensive Tewn eenrmissieners uper preef ef a mistake in the existing zening, This @iat I ' ilee wtrelly eensistent with tlre land elass:{ieatiens in t}re erigindly @ n, The Tevrn prepeses C. Zoning Map amendments. Except for ordinance amendments or ordinance retinements developed during a ten-year comprehensive review, o change to a

Critical Area designation may be granted by the Town Council on proof of mistake d the proposed Critical Area classitication:

7.

Conforms to the State Critical Area mapping criteria 2.

Is based on land uses or naturalfeatures in existence as of December 1r 1985, or f ::::::":ff::*y,!,'i"'f: ;':::::i;::#:;;n:#f,:rbasedontanduses

3. Follows the Town'|s documented mapping methodotogt for Critical Area

classiftcations at the time of the original program adoption and 4.

Is consistent with the parposes, policies, and goals of this subtitle and all criteria of the Critical Area Commission.

I4

D. A Zoning Map Amendment may be granted dthe zoning mop amendment:

I.

Is wholly consistent with the Critical Area land clossifrcations (IDA, LDA, RCA, and MBA) as shown on the adopted Critical Area Overlay Map.

2. Proposes the use of a part of the remaining growth allocation in

accordance with the growth allocation provisions of this Chapter or 3.

Proposes to change the land classification from either an Intensely Developed Area to a Limited Developmcnt Areo or a Resource Conservation Area, or a Limited Developmcnt Area to a Resource Conservation Area.

D ^8. When an amendment is requested, the applicant shall submit the amendment to the Planning Commission for review and research. Upon completing Findings of Fact, these documents shall be forwarded to the Town Commissioners. The Town Commissioners shall hold a public hearing at which parties of interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time

and place of such hearing shall be published in a newspaper of general circulation in the Town.

F.

E When the Town submits a request for review and approval of changes to any element of the Zoning Chapter provisions applicable to the CA Critical Area Overlay District including, but not limited to Zorung Chapter text or maps, the request will include all relevant information necessary for the Chairman of the Critical Area Commission, and as appropriate, the Critical Area Commission, to evaluate the changes. The Chairman, ffid

as appropriate, the Commissiono shall determine if the request for amendment(s) are consistent with the purposes, policies, goals, and provisions of the Critical Area Law and all Criteria of the Commission.

F G. In accordance with the determination of consistency outline above, the Critical Area Commission Chairman, or as appropriate, the Critical Area Commission will:

1. Approve the proposed refinement or amendment and notiff the Town le€al

jwis'die+ien;

2. Deny the proposed refinement or amendment;

3. Approve the proposed refinement or amendment subject to one or more conditions; or

4. Return the proposed refinement or amendment to the Town with a list of changes to be

made.

15 9.

Section Unless specifically amended as set forth above, all other provisions of the Queenstown Zoning Ordinance shall remain unchanged.

Section 10.

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 23 of P t) Queenstown on oay pc ,2025.

TOWN COMMISSIONERS FOR THE

TOWN OF QUEENSTOWN:

,/-

L'

Alton Hardee, President Aaron Horney, To illis, Jr Aaro-n orney, Town Cl NOTE: @:deletedtext Italicized, bold text = added text 76