Chapters:
   12.04 GENERAL PROVISIONS
   12.08 CONSTRUCTION OF DRIVEWAYS
   12.12 EXCAVATIONS AND OBSTRUCTIONS
   12.16 RAILROAD CROSSINGS
   12.20 CHESAPEAKE BAY CRITICAL AREA NATURAL RESOURCES PROTECTION
   12.24 WICOMICO RIVER REGULATIONS
   12.28 PARADES
   12.32 PEDESTRIAN MALLS

Sections:
   12.04.010 Throwing or sweeping litter into streets and sidewalks.
   12.04.020 Throwing or discharging litter from vehicles.
   12.04.030 Flowing of liquid substances.
   12.04.040 Throwing or playing with balls or missiles in streets.
   12.04.050 Burning of materials in streets.
   12.04.060 Removal of snow from sidewalks--Notice--Enforcement.
   12.04.070 Approval of subdivision plat--Certain street information required.

Section 12.04.010 Throwing or sweeping litter into streets and sidewalks.
    It is unlawful for any person to cast, throw or sweep into any of the streets, public alleys or sidewalks within the corporate limits of the city any trash, refuse, leaves or sweepings. (Prior code § 136-1)

Section 12.04.020 Throwing or discharging litter from vehicles.
    Any person who shall suffer or permit any garbage and refuse materials, including liquids derived therefrom, or any other odoriferous or unsanitary material to escape, fall or to be discharged from any vehicle upon any public street or way in the city shall be deemed guilty of a misdemeanor. (Prior code § 136-2)

Section 12.04.030 Flowing of liquid substances.
    It is unlawful for the owner or tenant of any building or lot in the city to permit any wastewater, slop or liquid substance of any kind, except rainwater, to run or flow from any building or lot into the streets, gutters or sidewalks of the city. (Prior code § 136-3)

Section 12.04.040 Throwing or playing with balls or missiles in streets.
    No person shall throw or play with a ball or missile of any description in any street of the city. (Prior code § 136-4)

Section 12.04.050 Burning of materials in streets.
    It is unlawful for any person to burn any paper, leaves or other matter on the streets of the city. (Prior code § 136-5)

Section 12.04.060 Removal of snow from sidewalks--Notice--Enforcement.
    All owners and persons in possession of any land or premises situated on any street within the city where sidewalks are laid shall remove the snow therefrom the entire length thereof for a width of at least four feet and may deposit the same along the remaining portion of such sidewalks nearest the curb within six hours after it has ceased falling, unless the same shall have fallen between the hours of five p.m. and seven a.m., in which case it shall be removed before two p.m. In the event that the snow is not removed within the time and manner above provided, the owner or person in possession shall be notified to forthwith remove the same and, in the event of a failure to do so, shall be guilty of a misdemeanor. In addition thereto, the city may cause the same to be removed as above specified and charge the cost thereof against the owner or occupant, to be recovered by suit. (Prior code § 136-6)

Section 12.04.070 Approval of subdivision plat--Certain street information required.
    No plat or plan for the approval of any subdivision or resubdivision of property within the corporate limits of the city shall be approved by the council unless and until such plat or plan shall show the following:
    A. The grade or street level of any street heretofore established within such corporate limits of the city or of the streets established by such subdivision, and that such street grades or levels shall, at all times, correspond to the grade or street level of the streets already established within the surrounding territory;
    B. That no street, alley, lane, avenue, thoroughfare or highway shall be accepted for public use by the council unless the plat and location thereof shall correspond in all particulars, including the grade or street level, to all existing streets, alleys, lanes, avenues, thoroughfares and highways in the surrounding territory in the city or in accordance with the rules or regulations of the council existing at the time of the presentation of such plat or plan;
    C. That all boundary lines of the various lots shall be shown on such plat or plan and permanent markers installed at all street intersections, including streets laid out on a curve;
    D. Sufficient engineering data for a registered surveyor to establish all streets, alleys, lanes, avenues, thoroughfares and highways. (Prior code § 136-7)
 

Sections:
    12.08.010 Standard plans and specifications.
    12.08.020 Use of safety zones during construction.
    12.08.030 Depressed driveways.
    12.08.040 Reconstruction of depressed curb or sidewalk to standard grade.
    12.08.050 Permit required for construction of depressed curb or sidewalk.
    12.08.060 Fee.
    12.08.070 Safety measures and warning devices.
    12.08.080 Indemnity bond.
    12.08.090 Compliance required.
    12.08.100 Variance.

Section 12.08.010 Standard plans and specifications.
    The construction or reconstruction of all depressed curbs and sidewalks for driveways or other purposes shall be in accordance with standard plans and specifications on file at the office of the director of public works.* (Prior code § 136-15)

* Editor's Note: See Article X of the Charter.

Section 12.08.020 Use of safety zones during construction.
    If two or more driveways are constructed under the provisions of this chapter, there shall be a safety zone with at least ten feet of standard curb, in accordance with city regulations. (Prior code § 136-16)

Section 12.08.030 Depressed driveways.
    All depressed driveways shall be of such minimum width as will permit reasonable access to the property served thereby. No driveway having a continuous depression of more than thirty-five (35) feet shall be permitted. (Prior code § 136-17)

Section 12.08.040 Reconstruction of depressed curb or sidewalk to standard grade.
    When the necessity for any depressed curb or sidewalk constructed or reconstructed for a driveway or other purpose has terminated, the property owner shall promptly reconstruct such curb or sidewalk in such manner as to bring such depressed curb or sidewalk to standard grade. (Prior code § 136-18)

Section 12.08.050 Permit required for construction of depressed curb or sidewalk.
    No person shall construct or reconstruct any depressed curb or sidewalk for driveways or other purposes in the city unless a permit so to do shall have been obtained from the director of public works prior to such construction or reconstruction. (Prior code § 136-19)

Section 12.08.060 Fee.
    A fee of ten dollars ($10.00) shall be charged for each permit issued under the provisions of Section 12.08.050. (Prior code § 136-20)

Section 12.08.070 Safety measures and warning devices.
    Permits issued under this chapter shall require the person to whom issued to utilize appropriate safety measures and warning signals to protect pedestrians and vehicular traffic during construction. (Prior code § 136-21)

Section 12.08.080 Indemnity bond.
    The council, at its discretion, may require any applicant for a permit, as required in Section 12.08.050, to furnish a good and sufficient indemnity bond to indemnify the city against loss for any default or negligence of such applicant in the exercise of any such permit. (Prior code § 136-22)

Section 12.08.090 Compliance required.
    It is unlawful for any person or the officer of any corporation to violate the terms and conditions of any permit issued under Section 12.08.050. (Prior code § 136-23)

Section 12.08.100 Variance.
    The city council, after public hearing, may vary the regulations of this chapter in the specific instances where the city council finds that there are practical difficulties or unnecessary hardships in carrying out the strict letter of the regulations of this chapter. (Ord. 1596, 1994)
 

Sections:
    12.12.010 Permit required.
    12.12.020 Fee.
    12.12.030 Safety measures and warning devices.
    12.12.040 Indemnity bond.
    12.12.050 Compliance required.

Section 12.12.010 Permit required.
    No person shall dig or in any manner break up any street or sidewalk in the city for any purpose whatsoever or place any obstruction thereupon or in any manner impede or hinder the passage of pedestrian or vehicular traffic thereon without first obtaining a written permit from the director of public works.* Such permit shall limit the manner and duration of placing and maintaining any such obstruction. (Prior code § 136-10)

^* Editor's Note: See Article X of the Charter.

Section 12.12.020 Fee.
    A fee of ten dollars ($10.00) shall be charged for each permit issued under the provisions of Section 12.12.010. (Prior code § 136-11)

Section 12.12.030 Safety measures and warning devices.
    Permits issued under this chapter shall require the person to whom issued to utilize appropriate safety measures and warning signals to protect pedestrians and vehicular traffic during construction. (Prior code § 136-12)

Section 12.12.040 Indemnity bond.
    The council, at its discretion, may require any applicant for a permit, as required in Section 12.12.010, to furnish a good and sufficient indemnity bond to indemnify the city against loss for any default or negligence of such applicant in the exercise of any such permit. (Prior code § 136-13)

Section 12.12.050 Compliance required.
    It is unlawful for any person or the officer of any corporation to violate the terms and conditions of any permit issued under Section 12.12.010. (Prior code § 136-14)
 

Sections:
    12.16.010 Automatic flashing lights and/or gates required.
    12.16.020 Maintenance and repair of grade crossings.
    12.16.030 Schedule A.

Section 12.16.010 Automatic flashing lights and/or gates required.
    The Consolidated Railroad Corporation, the tracks of which cross at grade within the corporate limits of the city, shall, at its own expense and charge, place and maintain continuously at each crossing described in Schedule A, attached to and made a part of this chapter as Section 12.16.030, either automatic flashing lights or automatic gates, or both, as listed in Schedule A, to warn all persons using such crossings of the approach of engines and trains thereto. (Prior code § 136-8)

Section 12.16.020 Maintenance and repair of grade crossings.
    Whenever any railroad or railway company shall cross a street or road in the city of Salisbury, the railroad or railway company shall be required at all times to keep its own roadbed and the bed and surface of said street or road properly repaired and maintained by planking or otherwise so that such crossing is adequate for all traffic so as to give an absolutely safe, smooth and easy approach to and crossing thereof. In case of the failure of any railroad or railway company to so repair and maintain any of its crossings, the city, after fifteen (15) days' notification to such railroad or railway company and its failure so to do, may enter upon said crossing and repair and maintain the same. Upon certification of said repair and maintenance and the cost thereof, such shall be a lien to the same extent as ordinary taxes, or, at the election of the city, a judgment may be rendered against such railroad or railway company pursuant to the authority of Article 89B, § 50 of the Annotated Code of Maryland. (Prior code § 136-9)

Section 12.16.030 Schedule A.
 

Location	Type of Protection
Bateman Street	Gates and lights
West College Avenue	Overhead lights and gates
*South Boulevard (Kendall Street)	Gates and lights
South Division	Gates and lights
Carroll Street	Gates and overhead lights
Church Street	Lights
East Vine Street	Lights
Isabella and Railroad Avenue	Lights
Naylor Street	Lights

*City responsible for cost of maintenance per agreement. (Prior code Ch. 136, Sch. A)
 

Sections:

Section 12.20.010 Program background--Contents of chapter.
    A. The state's adopted Chesapeake Bay Critical Area Criteria require that the Salisbury Critical Area Program adhere to the general program criteria contained in COMAR 14.15.10, Directives for Local Program Development. These criteria set forth the provisions for program preparation by the critical area commission in determining that a local critical area program is complete. COMAR 14.14.10.01.F. states that "local jurisdictions shall review and revise local plans, programs and regulations that are inconsistent with the intent of the policies and criteria ...." At a minimum, and if applicable, the local review and revisions shall include zoning ordinances, comprehensive zoning maps, subdivision regulations and growth management ordinances. In addition, the criteria require the local jurisdictions to demonstrate that its local programs adopted to meet the criteria and law are enforceable.
    B. Chapter 12.20 includes the special implementation provisions necessary to meet the requirements of COMAR 14.15.10. These regulations are required to ensure that the city of Salisbury Critical Area Program is implemented.
    C. Land use development standards and requirements established in this natural resources protection chapter implement the city of Salisbury's Critical Area Program consistent with the requirements of the Maryland Critical Area Law and the criteria, as adopted. These special provisions are adopted pursuant to Natural Resources Article, Subtitle 18 of the Maryland Annotated Code and COMAR 14.15, the Critical Area Criteria. This chapter contains regulations which establish the critical area district, the land management classifications required to be established for all lands within the critical area and special regulatory provisions that apply to development of land for residential, commercial, industrial or institutional uses and agricultural, fishery or forestry activities in the city of Salisbury's Critical Area.
    D. The requirements of the natural resources protection chapter supplement the city's existing land development codes, including existing zoning and subdivision regulations. In the event of inconsistency between the provisions of the natural resources protection chapter and the provisions established in other applicable ordinances, the more restrictive or stringent provisions shall apply.
    E. In addition, the natural resources protection chapter contains penalties and provisions for city recourse in the event of violations. (Prior code § 149-1)

Section 12.20.020 Scope of regulations.
    A. The purpose of the critical area natural resource protection chapter is to establish the critical area overlay district and to provide special regulatory protection for the land and water resources located within the Chesapeake Bay critical area in the city of Salisbury. Land use development standards and requirements established herein are intended to foster more sensitive development activity for shoreline areas and to minimize the adverse impacts of development activities on water quality and natural habitats. This chapter implements the city of Salisbury's Critical Area Program and the requirements of the Maryland Critical Area Law and the Critical Area Criteria and is adopted pursuant to Natural Resources Article, Subtitle 18 and COMAR 14.15, the Critical Area Criteria.
    B. The requirements of this chapter supplement the city's land development codes, including existing zoning and subdivision provisions. It imposes specific regulations for development and other land use within the city of Salisbury critical area. In the event of inconsistency between the provisions of this chapter and the provisions established in other applicable ordinances, the more restrictive or stringent provisions shall apply.
    C. This chapter has been drafted to conform to and to implement the provisions consistent with the goals of the program and to ensure that the development rules, regulations and restrictions set forth herein will achieve the goals and objectives of the program. (Prior code § 149-2)

Section 12.20.030 Interpretation.
    This chapter shall be interpreted, whenever an administrator, the Salisbury planning and zoning commission or the judiciary is called upon to do so, in conformance with the purposes intended to be served by its enactment. The intent of the regulations and supporting definitions is to protect both individual property owners and the general public from adverse impacts which might otherwise be the result of a proposed development or activity within the critical area. To this end, those called upon to interpret this chapter shall proceed as follows:
    A. Determine the public purpose(s) of the standard(s) with respect to which an interpretation is required;
    B. Determinate the actual impact of various proposed interpretations, permitting flexibility in design but prohibiting any interpretation that lowers the protection afforded to the public and would be inconsistent with goals and objectives of the program and the requirements of § 8-1801 et seq. of the Natural Resources Article of the Annotated Code of Maryland;
    C. Determine that the proposed interpretation will ensure a just balance between the rights of the landowner and all others who will be affected by that person's land use proposal;
    D. Where a specific matter is not addressed in this chapter, all interpretations shall be made consistent with the meaning and intent of the city's adopted critical area program;
    E. This chapter has been designed to avoid regulations that either sacrifice legitimate public goals, including the protection of adjoining property owners, or require undue limitations on the ability of property owners to use their land in manners consistent with the goals of the program. Having balanced the rights of these competing groups to achieve maximum protection with minimum restrictions, great care should be taken by those interpreting this chapter not to substitute their judgments for the legislative acts of the mayor and the Salisbury city council. (Prior code § 149-3)

Section 12.20.040 Applicability.
    A. No person shall develop, alter or use any land for residential, commercial, industrial or institutional uses or conduct agricultural, fishery or forestry activities in the critical area in the city of Salisbury except in compliance with the city of Salisbury critical area program and applicable provisions contained herein. To ensure this end, no development or resource utilization activity shall be permitted until the applicable approving agency, board, commission or other authority shall make findings that the proposed development or activity is consistent with the goals and objectives of the Salisbury critical area program and a certificate of compliance has been issued.
    B. This chapter shall only apply to the city of Salisbury critical area, hereafter referred to as the "Critical Area District." The critical area district shall include all lands and waters within one thousand (1,000) feet beyond the landward boundaries of state or private wetlands and the heads of tides designated under Title 9 of the Natural Resources Article of the Annotated Code of Mary]and, as adopted by the critical area commission and the mayor and the Salisbury city council. (Prior code § 149-4)

Section 12.20.050 Official critical area district maps.
    A. The city of Salisbury critical area shall be delineated on official critical area district maps, prepared as part of the city of Salisbury critical area program and attached to the ordinance codified in this chapter. The critical area district maps shall be maintained in force as official maps of the city. These maps shall delineate the extent of the critical area district in the city of Salisbury as defined in Section 12.20.040(B). (Prior code § 149-5)

Section 12.20.060 Land use management district classifications.
    A. All land within the city of Salisbury critical area district shall be assigned one of the following land use management classifications as determined in the city of Salisbury critical area program, which shall be shown on the critical area district maps:
    1. Intensely developed area (IDA);
    2. Limited developed area (LDA);
    3. Resource conservation area (RCA).
    B. The land use management classifications are based on the actual land use as of December 1, 1985, and mapped according to rules for making such determination as established in the city of Salisbury critical area program, except as provided for in the case of growth allocation as per Sections 12.20.320 and 12.20.450. (Prior code § 149-6)

Section 12.20.070 Chesapeake Bay critical area certificate of compliance.
    A. No land may be disturbed nor may any building or structure be constructed, extended, altered, repaired, changed or converted to another use until the department of planning, zoning and community development has issued a final Chesapeake Bay critical area certificate of compliance.
    B. No zoning authorization may be issued nor may any land be subdivided for the purpose of sale or exchange until the department of planning, zoning and community development has issued a final Chesapeake Bay critical area certificate of compliance.
    C. A preliminary Chesapeake Bay critical area certificate of compliance may be issued. The preliminary certificate indicates general acceptance by either the planning department or the Salisbury planning and zoning commission, as may be applicable, of the development activity subject to meeting all conditions of approval and/or obtaining other required permits and/or approvals from other agencies. A preliminary Chesapeake Bay critical area certificate of compliance does not confer the right to begin construction, sale of lots or land disturbance, nor does it signify that final approval of the application is guaranteed until all conditions of approval are met and all required local, state and federal approvals or permits required are secured.
    D. The approving authority shall only issue a final Chesapeake Bay critical area certificate of compliance upon finding that the proposed development or activity will be done consistent with the requirements of one Salisbury critical area program.
    E. The planning director may waive the requirement for an environmental impact assessment as part of the Chesapeake Bay critical area certificate of compliance for individual building permits, minor subdivisions or minor site plans, except where said projects are located in or adjoining an environmentally sensitive area or habitat protection area.
    F. Nothing in these provisions shall apply to interior/exterior remodeling or interior/exterior maintenance of any building or structure where the effect of such activity does not either create any increase in impervious surfaces of the site or result in any disturbance of land or cutting of natural growth. (Prior code § 149-7)

Section 12.20.080 Definitions and word usage.
    A. For the purpose of this chapter, the following definitions describe the meaning of the terms used in the chapter:
    "Afforestation" means the establishment of a tree crop on an area from which it has always or very long been absent, or the planting of open areas that are not presently in forest cover.
    "Anadromous fish" means fish that travel upstream (from their primary habitat in the ocean) to freshwater in order to spawn.
    "Best management practices (BMPs)" means conservation practices or systems of practices and management measures that control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxic substances and sediment. Agricultural BMP's include but are limited to strip cropping, terracing, contour stripping, grass waterways, animal waste structures, ponds, minimal tillage, grass and naturally vegetated filter strips and proper nutrient application measures.
    "Buffer" means a naturally vegetated area or vegetated area established or managed to protect aquatic, wetland shoreline and terrestrial environments from man-made disturbances. In the critical area district, the term "Buffer," spelled with a capital B, shall be a continuous area located immediately landward of tidal waters (measured from the mean high water line), tributary streams in the critical area or the upland edge of tidal wetlands and has a minimum width of one hundred (100) feet. The Buffer shall be expanded beyond the minimum depth to include certain sensitive areas as per requirements established in this chapter.
    "Buffer exemption area (BEA)" means specifically designated and approved portions of the critical area Buffer that are exempted from certain requirements for buffers because the pattern of residential, industrial, commercial or recreational development present as of December 1, 1985, prevents the Buffer from fulfilling its intended purpose.
    "Community piers" means boat docking facilities associated with subdivisions and similar residential areas and with condominium, apartment and other multiple-family dwelling units. Private piers are excluded from this definition.
    "Conservation easement" means a nonpossessory interest in land that restricts the manner in which the land may be developed in an effort to conserve natural resources for future use.
    "Critical area" means all lands and waters defined in § 8-1807 of the Natural Resources Article of the Annotated Code of Maryland. They include:
    1. All waters of and lands under Chesapeake Bay and its tributaries to the head of tide as indicated on the state wetlands maps, and all state and private wetlands designated under Title 9 of the Natural Resources Article of the Annotated Code of Maryland;
    2. All land and water areas within one thousand (1,000) feet beyond the landward boundaries of state or private wetlands and the heads of tides designates under Title 9 of the Natural Resources Article of the Annotated Code of Maryland;
    3. Modification to these areas through inclusions or exclusions proposed by the city of Salisbury and approved by the critical area commission as specified in § 8-1807 of the Natural Resources Article of the Annotated Code of Maryland.
    "Critical area commission" means the Maryland Chesapeake Bay Critical Area Commission.
    "Critical area district" means the city of Salisbury portions of the critical area.
    "Critical area program" means the city of Salisbury Chesapeake Bay critical area program as approved by the Chesapeake Bay critical area commission and adopted by the mayor and the Salisbury city council.
    "Density" means the number of dwelling units per acre of gross area of a development tract, unless otherwise specified.
    "Developed woodlands" means areas one acre or more in size that predominantly contain trees and natural vegetation and that also include residential, commercial or industrial structures and uses.
    "Development" or "development activities" (includes the term "develop") means any construction, modification, extension or expansion of buildings or structures; placement of fill or dumping; storage of materials; land excavation; land clearing; land improvement; or any combination thereof, including the subdivision of land or action that results in construction, modification, extension or expansion of buildings or structures; placement of fill or dumping; storage of materials; land excavation; land clearing; land improvement; or any combination thereof, including the subdivision of land.
    "Development pad" means the area of a lot, within a larger overall lot area that is devoted to structures and septic systems. In general, where a development pad is prescribed the remaining area of the lot must be maintained in natural vegetation.
    "Disturbed area" means the area of a site where natural cover has been removed for construction of buildings, placement of septic systems or shared facilities, drives, roads, parking areas, etc., and not replaced.
    "Drainageways" means minor watercourses that are defined either by soil type or by the presence of intermittent or perennial streams or topography that indicates a swale where surface sheet flows join, including the land, except where areas are designated as floodplain, on either side of and within fifty (50) feet of the center line of any intermittent or perennial stream shown on the United States Geological Survey's 7½ Minute Quadrangle sheets covering the incorporated areas of the city of Salisbury.
    "Environmental assessment" means a comprehensive report that describes the natural features and characteristics of a proposed development site, the changes that will occur as the result of proposed development activities on the site, the anticipated environmental impacts and consequences of the proposed development and mitigation measures to be taken to minimize undesirable impacts to the environment.
    "Fisheries activities" means commercial water-dependent fisheries facilities, including structures for the packing, processing, canning or freezing of finfish, crustaceans, mollusks and amphibians and reptiles, and also including related activities such as wholesale and retail sales, product storage facilities, crab shedding, off-loading docks, shellfish culture operations and shore-based facilities necessary for aquaculture operations.
    "Forest" means a biological community dominated by trees and other woody plants covering a ]and area of one acre or more. This also includes forests that have been cut but not cleared.
    "Forest management" means the protection, manipulation and utilization of the forest to provide multiple benefits, such as timber harvesting, wildlife habitat, etc.
    "Forest practice" means the alteration of the forest either through tree removal or replacement in order to improve the timber, wildlife, recreational or water quality values.
    Grandfathered. The term "grandfathered" describes the status accorded certain properties and development activities that are of record prior to the date of adoption of this chapter or provisions of this chapter.
    Growth Allocation. "Growth allocation" means:
    1. An area of land calculated as five percent of the total resource conservation area (excluding tidal wetlands and federally owned land) in the county, a portion of which the city may convert to more intense management areas to accommodate land development; also
    2. An act of the mayor and the Salisbury city council, i.e., approving the growth allocation, which provides for conversion of a property or properties located in a resource conservation area (RCA) and/or the limited development area (LDA) in the critical area district to another land management classification which allows an increase in the permitted density.
    "Habitat protection areas" includes the Buffer, palustrine nontidal wetlands, threatened and endangered species and species in need of conservation, plant and wildlife habitats and anadromous fish spawning propagation waters, as defined in the Salisbury critical area program.
    "Highly erodible soils" means soils with a slope greater than fifteen (15) percent, or those soils with a K value greater than thirty-five hundredths (0.35) with slopes greater than five percent.
    "Hydric soils" means soils that are wet frequently enough to periodically produce anaerobic conditions, thereby influencing the species composition or growth, or both, of plants on those soils.
    "Immediate family" means father, mother, son, daughter, grandfather, grandmother, grandson or granddaughter.
    "Impervious surface" means any man-made surface that is resistant to the penetration of water.
    "Land clearing" means any activity that removes the vegetative ground cover.
    "Marina" means any facility for the mooring, berthing, storing or securing of watercraft, but not including community piers and other noncommercial boat docking and storage facilities.
    "Mean high-water line" means the average level of high tides at a given location.
    Minor or Insignificant Impact. "Minor or insignificant impact" means:
    1. Any land disturbance that will affect less than five thousand (5,000) square feet of land area not located in a habitat protection area identified in the Salisbury critical area program; or
    2. Any land disturbance in the Buffer that will affect less than five hundred (500) square feet of land area that is not a nontidal wetland, a plant and wildlife habitat area or the habitat of a threatened or endangered species or species in need of conservation located in the Buffer as identified in the Salisbury critical area program.
    "Minor site plan" means site plans for five or fewer dwelling units, an accessory building and/or an addition to an existing commercial, industrial or institutional structure or any new commercial, industrial or institutional structure occurring on five acres or less. A minor site plan is required when a review of the critical area habitat maps indicates that the scope of the proposed development is of such a nature that the provisions for handling of natural and storm water, sediment control, off-street parking, setbacks, water and sewerage, habitat protection and any other requirements can be adequately addressed with a simplified site plan and environmental assessment process.
    "Minor subdivision" means any subdivision containing five or fewer lots, plats, sites or other division of land.
    "Natural features" means components and processes present in or produced by nature, including but not limited to soil types, geology, slopes, vegetation, surface water, drainage patterns, aquifers, recharge areas, climate, floodplains, aquatic life and wildlife.
    "Natural vegetation" means plant communities that develop in the absence of human activities.
    "Nontidal wetlands" means those areas where the water table is usually at or near the surface or where the soil or substrate is covered by shallow water at some time during the growing season and which are usually characterized by one of the following: at least periodically, the land supports predominantly hydrophytic vegetation; or the substrate is predominantly undrained hydric soils (i.e., does not have tile drains or drainage ditches). "Land periodically supporting predominantly hydrophytic vegetation" is defined to mean areas of natural vegetation where the water table is at the surface of the land for at least two weeks during the growing season.
    "Offsets" means structures or actions that compensate for undesirable impacts.
    "Open space" means undeveloped land used primarily for resource protection or recreational purposes. Land and water areas retained for use as active or passive recreation areas in an essentially underdeveloped state or land areas retained in natural cover, agricultural or commercial forestry use.
    "Open water" means tidal waters of the state that do not contain tidal wetlands and/or submerged aquatic vegetation.
    Pad, Development. "Development pad" means the area of a lot, within a larger overall lot area, that is devoted to structures and septic systems. In general, where a "development pad" is prescribed, the remaining area of the lot must be maintained in natural vegetation.
    "Physiographic features" means the soils, topography, land slope and aspect and local climate that influence the form and species composition of plant communities.
    "Redevelopment" means the process of developing land that is or has been developed.
    "Reforestation" means the establishment of a forest through artificial reproduction or natural regeneration.
    "Shore erosion control measures" means any of a number of structural and nonstructural methods or techniques for controlling the erosion of shoreline areas. More specifically, the term refers to:
    1. Nonstructural: Creation of an intertidal marsh fringe channelward of the existing bank by one of the following methods:
    a. Vegetation: Planting an existing shore with a wide band of vegetation;
    b. Bank sloping/vegetation: Sloping and planting a nonwooded bank to manage tidal water contact, using structures to contain sloped materials if necessary;
    c. Contained beach: Filling along shore with sandy materials, grading and containing the new beach to eliminate tidal water contact with the bank.
    2. Structural:
    a. Revetment: Facing laid on a sloping shore to reduce wave energy and contain shore materials;
    b. Bulkhead: Excluded due to adverse impacts to the near-shore marine environment, except in the following special cases:
    i. Where erosion impact is severe and high bluffs and/or dense woodland preclude land access, bulkheads can be installed by shallow-draft barge and pile driver; and
    ii. In narrow, man-made lagoons for activities that require frequent interchange between boats and land.
    "Significant shoreline erosion" means an annual rate of erosion of two feet or greater.
    "Soil conservation and water quality plans" means land use plans for farms that show farmers how to make the best possible use of their soil and water resources while protecting and conserving those resources for the future. It is a document containing a map and related plans that indicate:
    1. How the landowner plans to treat a farm unit;
    2. Which best management practices the landowner plans to install to treat undesirable conditions;
    3. The schedule for applying best management practices.
    "Steep slopes" means slopes of fifteen (15) percent or greater incline.
    "Tidal wetlands" means state wetlands that are defined as any land under the navigable waters of the state below the mean high water line affected by the regular rise and fall of tide, and private wetlands that are defined as any land not considered "state wetlands" bordering or lying beneath tidal waters, that is subject to regular or periodic tidal action and supports aquatic growth. "Private wetlands" include wetlands transferred by the state by a valid grant, lease, patent or grant confirmed by Article 5 of the Declaration of Rights of the Constitution to the extent of the interest transferred. The term "regular or periodic tidal action" means the rise and fall of the sea produced by the attraction of the sun and moon uninfluenced by the wind or any other circumstance.
    "Topography" means the existing configuration of the earth's surface, including the relative relief, elevations and position of land features.
    "Tree" means a woody perennial plant having a single usually elongated main stem generally with few or no branches on its lower part; a perennial shrub or herb of arborescent form.
    "Tributary streams" means perennial and intermittent streams in the critical area that are so noted on the most recent United States Geological Survey 7½ Minute Topographic Quadrangle Maps (scale of one to twenty-four thousand (1:24,000)) or more detailed maps or studies at the discretion of the local jurisdictions.
    "Water-dependent facilities" means structures or works associated with industrial, maritime, recreational, educational or fisheries activities which the city of Salisbury has determined requires location at or near the shoreline within the Buffer.
    "Wildlife corridor" means a strip of land having vegetation that provides habitat and a safe passageway for wildlife.
    B. Definitions applicable to terms used in the critical area district not already contained herein shall be the same as those contained in the Chesapeake Bay Critical Area Criteria, COMAR 14.15.01. (Prior code § 149-8)

Section 12.20.090 Lots of record.
    A. A single lot or parcel of land that was legally of record on the effective date of this chapter may be developed with a single-family dwelling, if the dwelling was not already placed there, notwithstanding that such development may be inconsistent with the density provisions of Section 12.20.140. Except as otherwise provided, the following types of land may be developed in accordance with density requirements in effect prior to the adoption of this chapter, notwithstanding the density provisions of Section 12.20.140:
    1. Any lot on which development activity has legally progressed to the point of pouring foundation footing or installation of structural members;
    2. Any legal parcel of land not being part of a recorded subdivision which received final approval of development by the appropriate approving authority prior to March 1, 1984;
    3. Any legal parcel of land, not being part of a recorded subdivision, that was recorded as of December 1, 1985. Development on lots created after June 1, 1984, and prior to the effective date of this chapter shall comply with the conditions imposed under the interim findings made by the Salisbury planning and zoning commission;
    4. Land that was subdivided into recorded, legally buildable lots, or where the subdivision received final approval prior to June 1, 1984, provided that the development of these lands conforms with the Salisbury critical area program insofar as possible, as determined by the Salisbury planning and zoning commission. At a minimum, development on lots created prior to June 1, 1984, shall comply with the provisions of Section 12.20.140. Where the Wicomico County health department requires consolidation or reconfiguration of lots not individually owned, the provisions of this chapter shall apply to the consolidated or reconfigured lot insofar as possible;
    5. Land that was subdivided into recorded, legally buildable lots, where the subdivision received final approval after December 1, 1985, provided that the interim findings, as per § 8-1813 of the Critical Areas Law of the Natural Resources Article of the Annotated Code of Maryland, have been made by the Salisbury planning and zoning commission and development complies with the conditions of the interim findings approval.
    B. Any existing legal building or use of land as of the effective date of this chapter that does not fully comply with this chapter or the Salisbury critical area program is a legal nonconforming use. Expansion of such existing buildings or uses shall not be permitted until a determination has been made by either the planning department or the Salisbury planning and zoning commission that such expansion complies, insofar as possible, with the provisions of this chapter and a final Chesapeake Bay critical area certificate of compliance is issued. (Prior code § 149-9)

Section 12.20.100 Scope.
    Except as provided for in Section 12.20.190 of this chapter, new development activities, including clearing of existing natural vegetation, erection of structures, construction of new roads, parking areas or other impervious surfaces and the placement of sewage disposal systems are not permitted in the Buffer unless the mayor and the Salisbury city council have granted a Buffer exemption as per Section 12.20.470, except as provided for in Sections 12.20.120 and 12.20.130. (Prior code § 149-10)

Section 12.20.110 Expanding the Buffer in sensitive areas.
    A. The Buffer shall be expanded to include contiguous sensitive areas on the parcels whose development or disturbance the Salisbury planning and zoning commission determines may impact streams, wetlands or other aquatic environments. This expansion will occur whenever development, forestry, agriculture, or other land-disturbing activities are proposed. Sensitive areas have the following features:
    1. Hydric soils and soils with hydric properties as designated by the soil conservation service;
    2. Highly erodible soils with a K value greater than thirty-five hundredths (0.35);
    3. Steep slopes greater than fifteen (15) percent.
    B. The expanded Buffer must be shown on plans required for such development or land disturbance.
    C. The Buffer shall be expanded according to the following rules:
    1. The Buffer shall be expanded four feet for every percent of slope over fifteen (15) percent, or to the top of slope, whichever is greater, but in no case more than ten feet beyond the top of the slope greater than fifteen (15) percent; and
    2. The Buffer shall be expanded to the upland limit of adjacent hydric soils, soils with hydric properties and highly erodible soils whose development or disturbance the Salisbury planning and zoning commission determines may impact the critical area. (Prior code § 149-11)

Section 12.20.120 Buffer exemption area provisions.
    The following special provisions apply in the mapped Buffer exemption areas (BEA) in the IDA, LDA and RCA:
    A. Permitted Uses.
    1. New development or redevelopment consistent with the provisions of Section 12.20.140; provided, that the development and redevelopment rules and offsetting requirements set forth below are observed;
    2. Shore erosion protection measures; provided, that such measures are consistent with the city's shore erosion protection policies; and provided, that the measure has obtained all applicable local, state and federal permits;
    3. Cutting or clearing of trees under a planting plan approved by the Department of Agriculture or the Department of Natural Resources for the following purposes only:
    a. For personal use, provided that Buffer functions are not impaired and trees cut are replaced,
    b. To prevent trees from falling and blocking streams, causing damage to dwellings or other structures or resulting in accelerated erosion of the shore or streambank,
    c. In conjunction with horticultural practices used to maintain the health of individual trees,
    d. To provide access to private piers,
    e. To install or construct an approved shore erosion protection device or measure,
    f. To protect trees from extensive pest or disease infestation,
    g. To permit the development or redevelopment allowed above to be constructed or installed.
    B. Prohibited Uses. Water-polluting activities, including but not limited to the storage of vehicles, fuel or chemicals as listed in the city's approved program are prohibited.
    C. Development and Redevelopment Rules.
    1. Existing Structures. The expansion or redevelopment of existing structures in the Buffer exemption area may not increase impervious surfaces shoreward of the existing structure and shall not result in greater than twenty-five (25) percent of the total site area in impervious surfaces. Offsets, as described in subsection (C)(5) of this section, shall be required.
    2. Removal of Existing Structures. When a structure within the Buffer exemption area is removed or destroyed, it may be replaced, insofar as possible, no closer than one hundred (100) feet from the edge of tidal waters, tidal wetlands or tributary streams. In such cases where a setback line exists as defined by structures on adjacent lots or parcels, the structure may not be replaced shoreward of that line. Any impervious surfaces created greater in extent to preexisting impervious surfaces within the Buffer exemption area shall be offset as described in subsection (C)(5) of this section.
    3. New Development. New development in the Buffer exemption area shall minimize the shoreward extent of impervious surfaces insofar as possible taking into consideration existing city yard setback requirements and other such factors. In no case may such impervious surfaces be extended shoreward of any setback line as defined by existing structures on adjacent lots or parcels or the setback required in Title 17, Zoning, of the city code.
    4. Setbacks. All setbacks shall be measured from the mean high water line or edge of tidal wetlands.
    5 Offsetting Requirements. New development or redevelopment in the Buffer exemption area which causes impervious surfaces as described above shall be required to offset for such development as follows:
    a. The extent of the lot or parcel shoreward of the new development or redevelopment shall be required to remain, or shall be established and maintained, in natural vegetation;
    b. Natural vegetation of an area twice the extent of the impervious surface created in the Buffer exemption area shall be planted in a Buffer exemption offset area or other location as may be approved by the city;
    c. The city may establish, at a future date, a resolution creating a process and procedure for collecting fees in lieu of such planting requirements. (Prior code § 149-12)

Section 12.20.130 Conditions of development/approvals within the Buffer.
    The following special provisions apply to development of single-family dwellings on lots that qualify under Section 12.20.090 that are two hundred (200) feet or less in depth, excluding tidal wetlands, where the development of such lots of record or redevelopment of a preexisting use must comply insofar as possible with the provisions of this chapter:
    A. New development or redevelopment is permitted, provided that the development and redevelopment rules and offsetting requirements set forth in subsection (B) of this section are observed.
    B. Development and Redevelopment Rules.
    1. Existing Structures. The expansion or redevelopment of existing structures may not increase impervious surfaces shoreward of the existing structure and shall not result in greater than twenty-five (25) percent of the total site area in impervious surfaces. Offsets, as described in subsection (B)(2) of this section, shall be required.
    2. Removal of Existing Structures. When a structure is removed or destroyed, it should be replaced, insofar as possible, outside of the critical area Buffer. Where this is not possible and in such cases where a setback line exists as defined by structures on adjacent lots or parcels, the structure may not be replaced shoreward of that line. Any impervious surfaces created greater in extent to preexisting impervious surfaces shall be offset as described in subsection (C)(2) of this section.
    3. New Development. New development shall minimize the shoreward extent of impervious surfaces insofar as possible, taking into consideration existing city yard setback requirements and other such factors. All setbacks shall be measured from the mean high water line or edge of tidal wetlands. In no case may such impervious surfaces be extended shoreward of any setback line as defined by existing structures on adjacent lots or parcels or the setback required in Title 17, Zoning.
    C. Offsetting Requirements. New development or redevelopment which causes impervious surfaces as described above shall be required to offset for such development as follows:
    1. The extent of the lot or parcel shoreward of the new development or redevelopment shall be required to remain, or shall be established and maintained, in natural vegetation;
    2. To the maximum extent possible, as determined by the department of planning, zoning and community development, natural vegetation of an area twice the extent of the impervious surface created shall be planted on the site or on a Buffer exemption offset location as may be approved by the city.
    D. Recombination may be required by the Salisbury planning and zoning commission if two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record and if all or part of the lots do not meet the requirements for habitat protection areas established by this chapter, if such recombination would satisfy the requirements for habitat protection areas. (Prior code § 149-13)

Section 12.20.140 Density provisions.
    A. Intensely Developed Areas (IDA). Density in the intensely developed area (IDA) shall be as established in the underlying base zone.
    B. Limited Development Areas (LDA). The density of development and minimum lot sizes permitted within a limited development area (LDA) shall be governed by prescriptive densities within the applicable underlying base zoning districts.
    C. Resource Conservation Areas (RCA). Residential densities in resource conservation areas (RCA) shall be limited to no more than one dwelling unit per twenty (20) acres, except as provided for in Sections 12.20.150, 12.20.180 and 12.20.320.
    D. Determining Density. Determination of density shall be based on the gross site area of the parcel, excluding tidal wetlands, except that in determining residential densities for a site in the RCA, private wetlands may be included in the calculation of one-unit-per-twenty-acre density, provided that the development density on the upland portion of the site does not exceed one dwelling unit per eight acres. Nothing in this regulation shall limit the ability of a participant in the agricultural easement program to convey real property impressed with such an easement to family members, provided that no such conveyance shall result in a density of greater than one dwelling unit per twenty (20) acres, except as provided in Section 12.20.150. (Prior code § 149-14)

Section 12.20.150 Intrafamily transfers.
    The one-unit-per-twenty-acre density limitation shall not prevent a bona fide intrafamily transfer to members of the owner's immediate family, subject to the following limitations:
    A. Intrafamily transfers will be permitted on parcels of land in the critical area district where it is shown that the parcel was recorded on or before March 1, 1986, and such parcel is at least seven acres and not more than sixty (60) acres in size.
    B. A bona fide intrafamily transfer shall be subject to all the requirements of the city of Salisbury Title 16, Subdivisions, and a notation shall be placed on the final subdivision plat denoting the lot(s) that are created under these provisions.
    C. Subdivision of land under the bona fide intrafamily transfer provisions contained herein shall be subject to the following limitations:
    1. Parcels seven acres to less than twelve (12) acres cannot be subdivided into more than a total of two lots;
    2. Parcels twelve (12) acres to less than sixty (60) acres cannot be subsided into more than three lots.
    D. Lots created pursuant to these provisions shall not be created for purposes of ultimate commercial sale. A lot created pursuant to these provisions may not be subsequently conveyed to any person except as provided herein:
    1. Where the conveyance is to a member of the owner's immediate family;
    2. Where the conveyance of the lot is as part of a default on a mortgage or deed of trust.
    E. Any lot created under this section may not be transferred or sold to a third party, who is not a member of the owner's immediate family or holder of a mortgage or deed of trust on the property, unless and until the Salisbury planning and zoning commission has determined that the following conditions apply:
    1. A change in circumstances has occurred since the original transfer, not of the owner's own doing, which would warrant permitting a subsequent transfer, when such circumstances are consistent with the warrants and exceptions contained herein;
    2. Other circumstances necessary to maintain land areas to support protective uses of agriculture, forestry, open space and natural habitats in an RCA warrant an exception.
    F. Deeds of transfer shall include a covenant stating that the lot is subject to the provisions of Section 12.20.150 of the Salisbury natural resources protection chapter, as amended. These covenants shall restrict the subsequent transfer or sale of a lot or lots created pursuant to the intrafamily transfer provisions contained herein to a third party who is not a member of the owner's immediate family or a holder of a mortgage or deed of trust on the property, except as provided in Section 12.20.150(E). (Prior code § 149-15)

Section 12.20.160 Special guidelines in resource conservation areas.
    It is the intent of the city of Salisbury to place all residential lot owners in developments in the resource conservation areas on notice that the city of Salisbury promotes the preservation of valuable and irreplaceable resources in the RCA's. Further, it is the intent of the city to discourage intense development in resource conservation areas that are not adjacent to existing growth centers. To accomplish this, the following guidelines shall apply in resource conservation areas that are not adjacent to existing development centers:
    A. Minimum open space requirements for all residential development on parcels of land located in resource conservation areas that are not immediately adjacent to a designated growth area as of October 13, 1989, or as subsequently amended, including development through the use of growth allocation, should be as set forth in the following table of minimum open space area guidelines:

    B. Permitted uses in required open space areas on parcels of land located in resource conservation areas that are not immediately adjacent to an LDA or IDA shall be limited to agriculture, forestry, wildlife management or natural cover, except that individual wells, septic to drainfields or shared facilities may be located in the open space area.
    C. A minimum one-hundred-foot buffer should be established and maintained between all developed areas and adjacent farm and forest land. This buffer may be reduced to fifty (50) feet if it is planted or retained in forest cover. (Prior code § 149-16)

Section 12.20.170 General regulations.
    A. Except as provided below, permitted uses, accessory uses and special exception uses in the critical area district shall be limited to those permitted within the existing applicable underlying base zoning district, as shown on the official city of Salisbury zoning maps.
    B. Existing industrial and commercial facilities, including those directly supporting agriculture, forestry and aquaculture shall be allowed in the RCA. However, additional land in the RCA may not be zoned for industrial or commercial development, except as provided in Section 12.20.320.
    C. The following uses are prohibited in the critical area district due to their high potential for adverse impact on plant and wildlife habitats and water quality, unless it has been demonstrated that the activity will create a net improvement in water quality to the adjacent body of water:
    1. Nonmaritime heavy industry;
    2. Transportation facilities.
    D. The following uses are prohibited in the critical area district:
    1. New solid or hazardous waste collection or disposal facilities, excluding dumpsters and trash receptacles;
    2. New sanitary landfills;
    3. New sludge handling, storage and disposal facilities, other than those associated with wastewater treatment facilities;
    4. New commercial marinas and related maritime facilities in the Buffer within resource conservation areas (RCA's);
    5. The application of sludge in the Buffer;
    6. New wash plants for surface mining and mineral extraction uses in the Buffer;
    7. New sand and gravel mining and related uses in the Buffer. (Prior code § 149-17)

Section 12.20.180 General Buffer regulations.
    A. New water-dependent facilities must comply with the provisions for such facilities contained in the Salisbury critical area program. Insofar as possible, new buildings, structures, activities and facilities that are not water-dependent and that are permitted in the underlying zoning district shall be located outside of the Buffer, except as follows:
    1. Boathouses, community piers, individual private piers, docks, launching ramps and mooring facilities are permitted in the Buffer as follows:
    a. For community piers, only the following uses shall be permitted to locate in the Buffer:
    i. Mooring buoys and slips;
    ii. Docks, piers, launching ramps, access roads and paths;
    iii. Loading/unloading areas.
    b. Where community slips, piers or mooring buoys are to be provided in a subdivision that is approved after the effective date of this chapter, the number of slips, piers and mooring buoys shall be the lesser of subsection (A)(1)(b)(i) or (ii) of this section:
    i. Up to one slip for every fifty (50) feet of shoreline in subdivisions in the limited development areas (LDA) and intensely development areas (IDA), and one slip per three hundred (300) feet of shoreline in the subdivision in the resource conservation area (RCA);
    ii. A density of slips or mooring buoys to platted lots or dwellings in the subdivision according to the following schedule:
 

Platted Lots or Dwellings in Critical Areas	Slips and Moorings
Up to 15	1 for each lot
16 to 40	15 or 75%, whichever is greater
41 to 100	30 or 50%, whichever is greater
101 to 300	50 or 25%, whichever is greater
Over 300	75 or 15%, whichever is greater

    2. New commercial marinas are permitted in the LDA and IDA; provided, that non-water-dependent uses and activities are not located in the Buffer.
    3. Expansion of existing commercial marinas is permitted in the RCA; provided, that, insofar as possible, non-water-dependent uses and activities are not located in the Buffer.
    4. New or expanded water-dependent maritime industrial uses may only be located in an intensely developed area where a Buffer exemption has been granted.
    5. Public beaches and other public water-oriented recreation and education facilities, uses and related structures; provided that, insofar as possible, non-water-dependent uses and activities are not located in the Buffer.
    B. No natural vegetation shall be removed nor shall the slope of the land surface be altered in the Buffer, including clearing of existing natural vegetation to create new agriculture lands. Commercial harvesting of trees is permitted, under an approved resource conservation plan, to the edge of the intermittent streams and to within fifty (50) feet of the mean high water line or tidal wetlands when harvesting involves the clearcutting of loblolly pine and tulip poplar and selective cutting of other species. In addition, limited cutting or clearing of trees shall be permitted for the following purposes under an approved planting plan:
    1. For personal use, provided that Buffer functions are not impaired and trees cut are replaced;
    2. To prevent trees from falling and blocking streams, causing damage to dwellings or other structures or resulting in accelerated erosion of the shore or streambank;
    3. In conjunction with horticultural practices used to maintain the health of individual trees;
    4. To provide access to private piers;
    5. To install or construct an approved shore erosion protection device or measure;
    6. To protect forests from extensive pest or disease infestation or threat from fires if approved by the department of agriculture or the bay watershed forester. (Prior code § 149-18)

Section 12.20.190 Development standards in intensely developed areas (IDA).
    All development and redevelopment in an IDA shall be subject to the following development standards and/or conditions, in addition to those established elsewhere in this chapter, except that development on lots qualifying under Section 12.20.090 must only comply with these provisions insofar as possible as determined by the department of planning, zoning and community development:
    A. All sites for which development activities are proposed shall identify environmental or natural features on that portion of the site within the critical area and shall obtain a Chesapeake Bay critical area certificate of compliance.
    B. Except as provided for water-dependent facilities, no structure or uses associated with development in an intensely developed area shall be permitted within the Buffer except as provided for in Sections 12.20.120 and 12.20.130.
    C. Development and redevelopment shall be subject to the habitat protection requirements of the city of Salisbury critical area program.
    D. Development and redevelopment shall be required to identify stormwater management practices appropriate to site development which achieve the following standards:
    1. Redevelopment proposals shall demonstrate that the best management practices for stormwaterassure a ten-percent reduction of predevelopment pollutant loadings;
    2. New development shall demonstrate that practices for stormwater management will reduce predevelopment pollutant loadings by ten percent;
    3. Redevelopment or development which cannot demonstrate they meet the requirements of subsection (D)(1) or (2) of this section may be approved only if it can be demonstrated that mitigation measures or offsets will be provided to achieve equivalent water-quality benefits elsewhere in the same watershed;
    4. Methods of determining mitigation measures necessary to achieve the ten-percent reductions outlined in subsection (D)(1) and (2) of this section or in determining alternative offsets required in subsection (D)(3) of this section shall be consistent with methodologies such as that outlined in the critical area commission's Guidance Paper Number 5.
    E. Development and redevelopment projects shall delineate those site areas not covered by impervious surfaces that are to be maintained or established in vegetation. Where vegetation is not proposed, the developer shall demonstrate why plantings for such portions of the site are impracticable. The types of planting and vegetation proposed shall be in accordance with guidelines established in Section 12.20.230.
    F. A minimum twenty-five-foot buffer shall be established around all nontidal wetlands as identified and defined in the Salisbury critical area program in compliance with the nontidal wetlands buffer requirements in Section 9.2 of the Salisbury critical area program.
    G. Proposed development and redevelopment activities shall include measures for stabilizing significantly eroding shoreline reaches on the proposed development site, or otherwise protecting property as established in the shore erosion protection (Section 4) of the city of Salisbury critical area program. Nonstructural shoreline erosion control measures shall be used unless it can be conclusively demonstrated that such measures would be impractical or ineffective. (Prior code § 149-19)

Section 12.20.200 Development standards in LDA (limited development area) and RCA (resource
                               conservation area).
    All development and redevelopment in the LDA and RCA shall be subject to the following development standards and/or conditions in addition to those established elsewhere in this chapter, except that development on lots qualifying under Section 12.20.090 must only comply with these provisions insofar as possible as determined by the department of planning, zoning and community development:
    A. All sites for which development activities are proposed shall identify environmental or natural features on that portion of the site within the critical area and shall obtain a Chesapeake Bay critical area certificate of compliance.
    B. Site development shall be designed to assure that those features or resources identified as habitat protection areas in Section 9 of the city of Salisbury critical area program are afforded protection.
    C. Roads, bridges and utilities serving development shall be so located as to avoid disturbances to habitat protection areas. When no alternative exists and such infrastructure must cross or be located in habitat protection areas, the developer shall show that impacts to habitats have been minimized and that no feasible alternative location for such infrastructure exists.
    D. All development activities which cross or are located adjacent to tributary streams in the critical area shall:
    1. Be located outside of the Buffer and shall be designed in a manner to reduce increases to flood frequency and severity;
    2. Provide for the retention of natural streambed substrate;
    3. Minimize adverse impacts to water quality and stormwater runoff;
    4. Retain the existing tree canopy so as to maintain stream temperature within normal variation.
    E. Development activities shall be located and designed to provide for the maintenance of the existing wildlife and plant habitats on the site and to maintain continuity with those on adjacent sites. When wildlife corridors exist or are proposed, they shall include any existing habitat protection areas and connect large forested areas on or adjacent to the site. Maintenance of wildlife corridors shall be ensured through the establishment of conservation easements, restrictive covenants or similar instruments through which the corridor is preserved by public or private groups, including homeowners' associations, nature trusts or other organizations approved by the city.
    F. Development on slopes greater than fifteen (15) percent shall be prohibited unless such development is demonstrated to be the only effective way to maintain or improve slope stability.
    G. A minimum twenty-five-foot buffer shall be established around all nontidal wetlands as identified and defined in the Salisbury critical area program in compliance with the nontidal wetlands buffer requirements in Section 9.2 of the Salisbury critical area program.
    H. Proposed development and redevelopment activities shall include measures for stabilizing significantly eroding shoreline reaches on the proposed development site, or otherwise protecting property as established in the shore erosion protection (Section 4) of the city of Salisbury critical area program. Nonstructural shoreline erosion control measures shall be used unless it can be conclusively demonstrated that such measures would be impractical or ineffective. (Prior code § 149-20)

Section 12.20.210 Forest and developed woodland standards in the LDA and RCA.
    Forest and developed woodlands, as defined by the city of Salisbury critical area program, shall be created or protected in accordance with the following:
    A. When no forest or developed woodland, as defined in this chapter, exists on the site, at least fifteen (15) percent of the gross site area shall be afforested. The location of the afforested area should be designed to reinforce protection to habitats on the site or to provide connections between forest and developed woodland areas when they are present on adjacent sites.
    B. When forests or developed woodland exists on the site and proposed development requires the cutting or clearing of trees, areas proposed for clearing shall be identified on the proposed development plan.
    C. The developer shall submit proposed plans for development showing areas to be cleared, reforested and/or afforested to the Maryland Forest, Park and Wildlife Service for comments and recommendations and shall transmit the comments to the department of planning, zoning and community development.
    D. A grading permit and a certificate of compliance shall be obtained prior to any clearing or cutting associated with proposed development. No grading permit shall be approved until the proposed development activity has been reviewed and has received a final Chesapeake Bay critical areas certificate of compliance.
    E. Cutting or clearing which is associated with development shall be subject to the following limits and replacement conditions:
    1. Removal of forest or developed woodland cover in the Buffer is prohibited;
    2. All forests cleared or developed shall be replaced on not less than an equal area basis on the site or on an alternative site in the critical area approved by the Salisbury planning and zoning commission;
    3. No more than twenty (20) percent of the forest or developed woodland within the site proposed for development may be removed (except as provided for below), and the remaining eighty (80) percent shall be maintained as forest cover through the use of appropriate instruments (e.g., easements or recorded restrictive covenants) as approved by the city;
    4. The clearing of forest or developed woodlands of up to twenty (20) percent shall be replaced on an area basis of one to one (1:1); a developer may propose clearing up to thirty (30) percent of the forest or developed woodland on a site, but the trees removed in excess of twenty (20) percent must be replaced at the rate of one and five-tenths (1.5) times the area removed;
    5. If more than thirty (30) percent of the forest or developed woodland on a site is cleared, the forest is required to be replanted at three times the total areal extent of the cleared forest;
    6. If the cutting of forests or developed woodland occurs before a grading permit or a certificate of compliance is obtained, the forest is required to be replanted according the to the requirement in subsection (E)(5) of this section.
    F. The Salisbury planning and zoning commission may waive or modify the forest or developed woodland replacement requirements container herein for an individual lot upon making findings that the following conditions apply:
    1. The lot on which development is proposed is totally forested;
    2. Clearing of trees will be limited to a maximum area of disturbance (development pad) of fifteen thousand (15,000) square feet per unit, and clearing of the balance of the lot restricted by deed covenant;
    3. All disturbed areas will be reforested to the extent possible;
    4. The total of cleared areas after reforestation will not exceed twenty (20) percent of the site;
    5. The site will provide water quality and habitat protection values equal to or exceeding those of forests or developed woodlands.
    G. Surety in the form of a performance bond or other means acceptable to the city shall be provided in the public works agreement in an amount suitable to assure forest replacement as required.
    H. The forests and developed woodlands required to be retained or created through afforestation or reforestation shall be maintained through restrictive covenants, easements or similar instruments in a form approved by the city. (Prior code § 149-21)

Section 12.20.220 Impervious surfaces.
    Man-made impervious surfaces shall be limited to the following:
    A. For stormwater runoff, man-caused impervious areas shall be limited to fifteen (15) percent of the parcel to be developed. However, impervious surfaces on any lot not exceeding one acre in size in a subdivision approved after June 1, 1986, may be up to twenty-five (25) percent of the lot.
    B. Except as otherwise provided for stormwater runoff, man-made impervious surfaces are limited to fifteen (15) percent of a parcel or lot. If a parcel or lot one-half acre or less in size was in residential use on or before December 1, 1985, then man-made impervious surfaces associated with that use are limited to twenty-five (25) percent of the parcel or lot.
    C. If a parcel or lot one-fourth acre or less in size was in nonresidential use on or before December 1, 1985, then man-made impervious surfaces associated with that development are limited to twenty-five (25) percent of the parcel or lot.
    D. If an individual lot one acre or less in size is part of a subdivision approved after December 1, 1985, then man-made impervious surfaces of the lot may not exceed twenty-five (25) percent of the lot. However, the total of the impervious surfaces over the entire subdivision may not exceed fifteen (15) percent.
    E. This section does not apply to a trailer park that was in residential use on or before December 1, 1985. (Prior code § 149-22)

Section 12.20.230 Woodland reforestation and afforestation standards.
    Where reforestation or afforestation is required, the following minimum standards within the critical area district shall be used:
    A. The replacement or establishment of forests or developed woodlands shall assure a diversified plant community but may include other types of tree plantings where necessary to correct an existing soil stabilization problem. Diverse forest plantings shall include a canopy layer, an understory layer and a shrub layer.
    B. For each acre of land where forests or developed woodlands must be replaced or established, plantings shall consist of trees and/or wildlife shrub species spaced approximately at eight-foot intervals in rows eight feet apart, or other suitable spacing as determined by the bay watershed forester on a site-by-site basis, which results in a minimum of four hundred (400) stems per acre after the first growing season.
    C. Required planting plans shall be prepared and submitted with the site plan or preliminary or final subdivision plat. A planting plan shall be included as a required public improvement with site plans or subdivision plats. The planting plan must demonstrate compliance with the minimum standards for reforestation and afforestation specified above. It is required that the planting plan shall be prepared by a professional registered forester, landscape architect or an experienced landscape designer. The planting plan shall show:
    1. The site plan, building outlines (remaining and proposed), walls, fences, parking spaces, loading spaces, driveways, walks, storage areas, public rights-of-way, easements and the general location of structures and uses of abutting properties;
    2. Existing and proposed grades;
    3. Existing vegetative cover and existing vegetation to be retained and the location, general size and type of such vegetation;
    4. The methods for protecting plant materials after construction;
    5. A plant schedule and plan listing plants to be used giving their botanical and common names, size at time of planting and quality of each;
    6. An indication of whether plants are balled and burlapped, container grown or bare root;
    7. An indication of the spacing and location of all proposed trees, shrubs and ground covers.
    D. Plant Materials and Planting Schedule.
    1. Tree or shrub species for afforestation or reforestation shall be screened by the bay watershed forester for suitability.
    2. All planting should be completed between the month of November and the month of May. For the first two years, steps should be taken to control competing vegetation. Technical assistance from the state's bay watershed forester is highly recommended.
    E. The planting plan shall be accompanied by an estimate of the installation cost for all afforestation and reforestation. Upon approval of the plan and the cost estimate, the developer or owner shall enter into an agreement with the city to provide plantings as may be required. The agreement may be required to be accompanied by a performance bond or other approved surety executed by the owner or developer in the amount of one hundred twenty (120) percent of the proposed plant materials, labor and maintenance costs. The following provisions shall apply to the planting plan agreement:
    1. If all afforestation or reforestation is not completed within two years after the first spring planting date following recordation, or if the requirements set forth in the approved planting plan are not met, the surety shall be forfeited (or if a bond or surety has been posted, payment in full to the city shall be ordered). The funds so received shall be used by the city to defray the cost of providing the approved afforestation or reforestation for the site;
    2. If the foregoing costs exceed the amount of the deposit bond or other approved surety, the excess shall be a continuing obligation of the property owner;
    3. All bonds or other forms of surety shall be in a form acceptable to and approved by the mayor and the Salisbury city council;
    4. All security posted will be held for a period of two years after installation of the planting, to assure the proper maintenance and growth. Failure to maintain or replace the dead portions of the planting shall result in a forfeiture of the surety posted for the amount necessary to replace the dead plant materials;
    5. As appropriate, the mayor and the Salisbury city council or their designated representative may release portions of the surety;
    6. Where existing vegetation is to be used to meet the requirements contained herein, the surety requirement may be modified appropriately. However, to the extent that existing vegetation is or will be inadequate to meet the standards set herein, a planting plan meeting all of the requirements herein must be submitted;
    7. All plantings shall be inspected by the city or the bay watershed forester upon notification by the developer or owner and shall be approved if they substantially accomplish the results shown in the planting plan. (Prior code § 149-23)

Section 12.20.240 General provisions.
    The purpose of the site plan is to assure detailed compliance with applicable provisions of this chapter and to prescribe standards for the design and construction of site improvements. Development requiring site plan approval shall be permitted only in accordance with all the specifications contained on an approved site plan and shall not be undertaken until the site plan is approved and all the required construction permits have been obtained subsequent to such approval. (Prior code § 149-24)

Section 12.20.250 Approving authority.
    A. Site plans for development activities required in this chapter shall be prepared and submitted as described below and approved by the Salisbury planning and zoning commission.
    B. Site plans for all multifamily dwellings, industrial and commercial buildings and developments and mobile home parks shall be prepared and approved as set forth in Title 17, Zoning, and Title 16, Subdivisions, as amended, in addition to the requirements of this chapter.
    C. Site plans accompanying individual building permit applications shall be approved by the Salisbury planning and zoning commission. The department of planning, zoning and community development may waive some or all of the site plan information requirements of Section 12.20.260 and may permit an applicant for an individual building permit to submit an abbreviated or minor site plan and environmental assessment, except where said projects are located in or adjoining an environmentally sensitive area. (Prior code § 149-25)

Section 12.20.260 Information required.
    The following information shall be required to be included on the site plan:
    A. An area or vicinity map at a scale of not smaller than one inch equals two thousand (2,000) feet and showing such information as the names and numbers of adjoining roads, streams, bodies of water, railroads, subdivisions, election districts or other landmarks sufficient to clearly identify the location of the property.
    B. A boundary survey plat of the entire site at a scale of not smaller than one inch equals fifty (50) feet unless otherwise specified or approved by the department of planning, zoning and community development, showing the following:
    1. Existing topography at two- or five-foot contour intervals. Datum shall be stated in all cases and a reference or bench mark described on the plat together with the elevation. The source of contours shall be stated on the plat, such as field run or aerial topography, etc. Interpolation of contours from United States Geological Survey (USGS) quadrangle maps will not be accepted;
    2. Slopes in excess of ten percent and the specific identification of all soils with a slope of fifteen (15) percent or greater;
    3. Existing and proposed regraded surface of the land;
    4. The location of natural features such as streams, major ravines and drainage patterns on the parcel to be developed and the location of trees measuring greater than twelve (12) inches in diameter to be retained along with existing natural vegetation;
    5. Floodplain boundaries (one-hundred-year);
    6. An existing-conditions map, including natural and manmade features;
    7. The location and areal extent of all soils with septic limitations, wet soils, hydric soils and soils with hydric properties as shown on the Wicomico County soil survey.
    C. A detailed drawing showing:
    1. The location, proposed use and height of all buildings (delineate all existing buildings and structures);
    2. The location of all parking and loading areas with ingress and egress drives thereto;
    3. The location of outdoor storage (if any);
    4. The location and type of recreational facilities (if any);
    5. The location of all existing or proposed site improvements, including roads, bridges, bulkheads, storm drains, culverts, retaining walls, fences and stormwater management facilities, as well as any sediment and erosion control structures. Information on shore erosion shall include the existing shoreline management designation as shown on the city of Salisbury critical area program maps, existing structures, their condition and areas for proposed structural and nonstructural controls, shown on the boundary survey plat at a scale of at least one inch equals one hundred (100) feet;
    6. Description, method and location of water supply and sewerage disposal facilities;
    7. The location, size and type of all signs;
    8. The location, size and type of vehicular entrances to the site;
    9. The location of the critical area district boundary, the Buffer and other buffer areas, open space areas and forested areas;
    10. The location of all habitat protection areas as described in the Salisbury critical area program on or near the site;
    11. The location of all contiguous forested areas adjacent to the site that are linked to forested areas on the development site, i.e., hedgerows, forest patches or other wildlife corridors;
    12. The location of agriculture fields, barren lands, pasture, etc.;
    13. The location of tidal and nontidal wetlands on the site;
    14. The location of existing water-dependent facilities on and adjacent to the site, including the number of existing slips and moorings on the site;
    15. The location and extent of existing and/or proposed erosion abatement approaches;
    16. The known locations of the habitat of any threatened or endangered species in need of conservation on or adjacent to the site or within one-fourth mile of the site in the case of bald eagle habitats;
    17. The location of anadromous fish spawning stream(s) on or adjacent to the site and a delineation of the watershed area of the stream on the site;
    18. A drawing locating shore erosion abatement techniques may be required to be included with the site plan.
    D. Computations of:
    1. Total lot area;
    2. Building ground coverage (percentage);
    3. Road area;
    4. Number and area of off-street parking and loading spaces;
    5. Total site area in the critical area district;
    6. Total man-caused impervious surface areas and the percentage of site these occupy;
    7. Separate computations of the total acres of existing forest cover in the Buffer and in the critical area;
    8. Proposed agriculture open space areas;
    9. Proposed forest open space areas;
    10. Total area of the site that will be temporarily disturbed during development and the total area that will be permanently disturbed. "Disturbed" is defined as any activity occurring on an area which may result in the permanent loss of or damage to existing natural vegetation.
    E. Commercial or industrial uses must include:
    1. The specific uses proposed;
    2. The maximum number of employees for which buildings are designed;
    3. The type of energy to be used for any manufacturing processes;
    4. The type of wastes or by-products to be produced by any manufacturing process;
    5. The proposed method of disposal of such wastes or by-products;
    6 The location, size and capacity of all fuel or chemical storage facilities and any other storage facilities for hazardous wastes;
    7. Areas proposed for bulk storage of fertilizers, aggregate and other such materials;
    8. Location of outdoor lighting facilities;
    9. Other information as may be specified in the regulations for industrial or commercial uses in Title 17, Zoning.
    F. In addition to the information above, site plans shall be accompanied by the following:
    1. A resource conservation plan, including the comments of the bay watershed forester;
    2. A habitat protection plan, including the comments of the Maryland Forest Park and Wildlife Service, the water resources administration and other appropriate state and federal agencies;
    3. An executed cooperators' agreement with the Wicomico County soil conservation district or farm plan, as applicable;
    4. A stormwater management plan;
    5. A sediment and erosion control plan;
    6. A planting plan, as required;
    7. An environmental assessment report which provides a coherent statement of how the proposed development addresses the goals and objectives of the city of Salisbury critical area program. At a minimum, the environmental assessment shall include:
    a. A statement of existing conditions, e.g., the amount and types of forest cover, the amount and type of wetlands, a discussion of existing agriculture activities on the site, the soil types, the topography, etc.,
    b. A discussion of the proposed development project, including number and type of residential units, amount of impervious surfaces, proposed sewer treatment and water supply, acreage devoted to development, proposed open space and habitat protection areas,
    c. A discussion of the proposed development's impacts on water quality and habitat protection areas,
    d. Documentation of all correspondence and findings. (Prior code § 149-26)

Section 12.20.270 Special provisions for water-dependent facilities.
    A. All applications for development of commercial marinas, maritime commercial or industrial uses or other water-related uses, except private piers, in the critical area shall prepare a site plan as above and shall also include the following information:
    1. Water depth contours shown at two-foot intervals at mean low water taken by sounding (unless otherwise specified by the department of planning, zoning and community development);
    2. Existing and proposed regraded surface of the land;
    3. The location of natural features and the drainage area of all nontidal wetlands;
    4. The location of all existing and proposed water-dependent structures;
    5. The location of all existing or proposed site improvements, including storm drains, culverts, retaining walls and fences;
    6. Description, method and location of water supply and sewerage disposal facilities;
    7. The mean high and mean low water line;
    8. All existing and proposed piers, buoys, launching ramps and shore protection structures;
    9. The location and dimensions of all areas to be dredged including present and proposed depths;
    10. The volume of dredge spoil to be removed, type of material, location and dimensions of disposal area(s) including dikes;
    11. The location of all existing and proposed land-based buildings and structures on the site, proposed maintenance and repair activities and a description of uses and activities to be conducted in each;
    12. The location and dimensions of all boat launching ramps;
    13. The location and dimensions of all boat slips and mooring buoys;
    14. The location of fuel dock and gasoline storage tanks;
    15. The location of all required buffers, yards and building-restriction lines.
    B. Applications for water-dependent uses shall be accompanied by an environmental assessment report which indicates who the proposed project achieves the following criteria:
    1. That the activities will not significantly alter existing water circulation patterns or salinity regimes;
    2. That the water body upon which these activities are proposed has adequate flushing characteristics at the site;
    3. That disturbance to wetlands, submerged aquatic plant beds or other areas of important aquatic habitat will be minimized;
    4. That adverse impacts to water quality that may occur as a result of these activities, such as nonpoint source runoff, sewerage discharge from land activities or vessels or from boat cleaning and maintenance operations is minimized;
    5. That shellfish 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 terrestrial habitats in the area immediately surrounding the dredging operation or within the critical area;
    7. That dredged spoil, except for clean sand for beach nourishment, will not be placed within the Buffer or elsewhere in that portion of the critical area which has been designated as a habitat protection area;
    8. That interference with the natural transport of sand will be minimized;
    9. That no disturbances will occur to aquatic areas of historic waterfowl staging and concentration areas. (Prior code § 149-27)

Section 12.20.280 Procedure for preparation.
    A. Site plans shall be prepared and certified by an engineer, architect, landscape architect or land surveyor duly registered to practice in the State of Maryland.
    B. All site plans shall clearly show the information required by this section.
    C. If such plans are prepared in more than one sheet, match lines shall clearly indicate where the several sheets join, and an index sheet shall be required.
    D. Every site plan shall show the name and address of the owner and developer, the election district, north point, date, scale of the drawing and the number of sheets. Five clearly legible copies of all site plans shall be submitted to the department of planning, zoning and community development (which may require that additional copies be provided when necessary). (Prior code § 149-28)

Section 12.20.290 Procedure for processing.
    A. Upon receipt of the site plan, the department of planning, zoning and community development shall conduct a review soliciting technical comments from other departments, agencies and officials as the department of planning, zoning and community development may deem appropriate.
    B. The site plan shall be preliminarily approved, subject to a final Chesapeake Bay critical areas certificate of compliance, if it meets the requirements of this section, the other requirements of this chapter and all other federal, state, and city regulations and all necessary permits and approvals have been obtained.
    C. The planning director shall review all applications within sixty (60) days from filing to determine compliance with the application requirements of this chapter for development within the critical area. Any application not in compliance shall be rejected.
    D. Notice of such action shall be given in writing to the applicant. (Prior code § 149-29)

Section 12.20.300 Construction of required improvements.
    A. Upon final approval of a site plan and issuance of a final Chesapeake Bay critical areas certificate of compliance, the applicant shall then secure the necessary construction permits from appropriate agencies before commencing work. The applicant may construct only such improvements as have been approved by the department of planning, zoning and community development.
    B. After construction has been completed, inspection of site improvements shall be made by those departments specified by the applicable requirements.
    C. For residential developments, mobile home parks and campgrounds, the approved site plan shall be recorded in the office of the clerk of the court. Prior to recording, an agreement guaranteeing the construction of all required improvements shall be executed between the developer and the city.
    D. The installation of improvements shall not bind the city to accept such improvements or the maintenance, repair and operation thereof; requirements for said improvements shall be in addition to (and not in lieu of) any other legal requirements. (Prior code § 149-30)

Section 12.20.310 Expiration and extension.
    Approval of site plans shall be for a one-year period and shall expire at the end of that period unless building construction has begun. Upon written request by the applicant, within ninety (90) days of the expiration of said approval, a one-year extension may be given by the department of planning, zoning and community development. Such request shall be acknowledged, and a decision rendered thereupon, not more than thirty (30) days after the filing of said request. (Prior code § 149-31)

Section 12.20.320 Purpose and intent.
    A. The growth allocation process is intended to permit the continued development of the city consistent with the metro core comprehensive plan and the critical area criteria on a fair and equitable basis.
    B. The provisions contained herein establish the growth allocation review and approval process, minimum design standards and the method used by the mayor and the Salisbury city council to award growth allocation. A land use management classification change is required to receive growth allocation. A land use management classification change requires approval from the mayor and the Salisbury city council and the state critical area commission. All growth allocation requests must be consistent with the procedures in Section 12.20.340 for determining if a site qualifies for growth allocation. (Prior code § 149-32)

Section 12.20.330 The location criteria.
    The granting of growth allocation shall be consistent with the Salisbury critical area program. When approving growth allocation, the mayor and the Salisbury city council will use the following guidelines to determine if the location of the proposed project is consistent with the Salisbury critical area program:
    A. New IDA should be located in an existing LDA or adjacent to an existing IDA;
    B. New LDA should be located adjacent to an existing LDA or IDA;
    C. To the extent possible, no more than half of the growth allocated will be located in an RCA adjacent to an LDA or IDA;
    D. If the city is unable to utilize any portion of the growth allocation within or adjacent to an existing LDA or IDA, that portion of the growth allocation which cannot be so used may be located in an RCA;
    E. The design of development projects which use the growth allocation shall minimize impacts to habitat protection areas and in a manner that optimizes benefits to water quality;
    F. As of the effective date of this chapter, the city of Salisbury has no designated resource conservation areas; however through the annexation process, resource conservation areas currently in Wicomico County critical area may be incorporated into the city of Salisbury critical area.
    1. Projects using growth allocation in the RCA will conform to all criteria of the city of Salisbury critical area program for such areas,
    2. When growth allocation is permitted in the RCA not adjacent to an LDA or IDA, the developer will be required to cluster. The developer should cluster the development three hundred (300) feet from tidal waters or tidal wetlands and provide for resource protection in the design of such development. (Prior code § 149-33)

Section 12.20.340 The growth allocation process.
    The growth allocation will be used on a project-by-project basis to permit projects that are consistent with the city of Salisbury critical area program. If annexation is proposed for an area which is located in an existing county resource conservation area, the annexation application must receive all final state and local approvals prior to the request for the use of growth allocation. The following procedures will be followed in determining if a site qualifies for growth allocation:
    A. Applicants submit an application for growth allocation to the department of planning, zoning and community development;
    B. All applications for growth allocation shall be accompanied by a concept or comprehensive development plan, critical area resource inventory and preliminary environmental impact assessment, prepared as per the requirements of this chapter, Title 17, Zoning, and/or Title 16, Subdivisions;
    C. The department of planning, zoning and community development will review concept or comprehensive development plans submitted for consistency with the Salisbury critical area program and will provide technical comments and recommendations to the applicant. Permitted development density or intensity will be determined at this time, subject to the applicant obtaining approvals from local, state and federal authorities;
    D. After the applicant has incorporated the department of planning, zoning and community development recommendations and obtained concept plan approvals from the Salisbury planning and zoning commission, the project must then be forwarded to the mayor and the Salisbury city council for consideration. The mayor and the Salisbury city council reserve the right to establish a lottery system where lottery numbers will be assigned on a first-come-first-comply basis;
    E. After receiving the recommendations of the Salisbury planning and zoning commission, the mayor and the Salisbury city council conduct the lottery for all applications. Growth allocation reservations are awarded subject to all necessary local, state and federal approvals being granted;
    F. After an award of growth allocation reservation, a preliminary plan is submitted for consideration for a preliminary Chesapeake Bay critical area certificate of compliance for growth allocation. Following the staff review and after the applicant has addressed the recommendations of the staff, the growth allocation application will be reviewed by the Salisbury planning and zoning commission;
    G. Projects receiving preliminary approval from the Salisbury planning and zoning commission may also receive approval or conditional approval for a preliminary Chesapeake Bay critical area certificate of compliance;
    H. On behalf of the mayor and the Salisbury city council, the department of planning, zoning and community development sends the growth allocation applications to the state critical area commission for approval of a change in the land use management classification;
    I. Following approval of the land management classification change(s) by the state critical area commission, final plans and final critical area environmental assessments shall be prepared as per the applicable requirements of this chapter, Title 17, Zoning, and/or Title 16, Subdivisions;
    J. The mayor and the Salisbury city council will review and approve, deny or modify all final applications for growth allocation and land management classification change(s);
    K. In approving a final plan for growth allocation, the mayor and the Salisbury city council may establish additional conditions of approval that are consistent with the intent of the Salisbury critical area program;
    L. Prior to approving the final plan and granting the final Chesapeake Bay critical area certificate of compliance, the department of planning, zoning and community development will ensure the mayor and the Salisbury city council that all conditions of approval are incorporated into the final plan, final environmental assessment and all final performance agreements, deed covenants, etc.;
    M. The final award(s) of growth allocation are granted by the mayor and the Salisbury city council. The applicant has three years to develop as approved or loses growth allocation. (Prior code § 149-34)

Section 12.20.350 Basis for determining maximum permitted density.
    Maximum permitted densities will be computed based on the total site area less the area occupied by tidal wetlands, except where otherwise permitted by state criteria. The maximum density that will be permitted using growth allocation shall be limited as follows, depending on which is more restrictive:
    A. The total number of approved individual septic systems or total number of units approved for shared sewage disposal facilities or community facilities by the Wicomico County health department or the Maryland Department of the Environment;
    B. The maximum number of residential lots or units permitted under the provisions of Title 17, Zoning. (Prior code § 149-35)

Section 12.20.360 Conditions of approval.
    A. Only those phases or portions of the project proposed to be completed within one year shall receive growth allocation. In any case, a project approved for growth allocation shall be substantially completed within three years of the final award of growth allocation. If after three years the project is not substantially completed, the growth allocation shall be withdrawn.
    B. After site inspection and final approval of all required improvements, the Salisbury planning and zoning commission shall determine whether a project is substantially completed. Substantially completed projects are defined as projects in which all public improvements, such as roads, community or shared sewer and/or water facilities, etc., have been built as required by the city or state and all required bonds or other guaranties released by the city.
    C. Proposed developments on parcels or tracts located in an RCA that are not immediately adjacent to an existing LDA or IDA as of the effective date of this chapter shall cluster development and shall meet all of the special provisions specified in Section 12.20.160 and the design standards and guidelines established in the city of Salisbury critical area program.
    D. The maximum individual lot size shall not exceed the minimum individual lot size permitted by the Wicomico County health department or the city zoning code. (Prior code § 149-36)

Section 12.20.370 Design standards for major subdivisions.
    The following design standards shall apply to all major subdivisions and all other major development projects approved for growth allocation in order to be approved:
    A. All applicable requirements of the Salisbury critical area program, Title 17, Zoning, Title 16, Subdivisions, and this chapter are met;
    B. The maximum lot size corresponds to the minimum lot size permitted by the Wicomico County health department, except that no lot shall be less than the minimum lot required by the provisions of Title 17, Zoning;
    C. If not already in forest cover, at least fifty (50) percent of the Buffer will be forested;
    D. To the extent possible, lots should be located so that the balance of the lot area in excess of twenty thousand (20,000) square feet that is maintained in natural vegetation or afforested is contiguous to forested areas preserved as open space, or acts as a wildlife corridor connecting forested areas on or adjacent to the site;
    E. At a minimum, fifty (50) percent of the area of each building lot in excess of twenty thousand (20,000) square feet in size is forested;
    F. The area of disturbance for nonresidential development should be no more than forty (40) percent of the total site area;
    G. A minimum one-hundred-foot buffer or fifty-foot forested buffer is provided between any development site and any adjacent farmland or forestland in the critical area;
    H. The design of the development must enhance the water quality and resource and habitat values of the area, e.g., results in additional planting of forest cover in the Buffer or implementation of best management practices on portions of the site to be retained in agriculture use;
    I. The development incorporates the comments and recommendations of county agencies and addresses the comments of the Maryland Forest, Park and Wildlife Service in the project design;
    J. The developer executes easements or restrictive covenants that guarantee maintenance of the required common open space areas and the open space area of individual lots outside of the development pad. (Prior code § 149-37)

Section 12.20.380 Design standards for major developments in the RCA.
    Major developments in the RCA utilizing growth allocation shall also meet the following development standards:
    A. Permitted uses in required open space areas shall be limited to agriculture, forestry or natural cover;
    B. A minimum one-hundred-foot Buffer shall be established and maintained between all developed areas and adjacent farm and forest land, except that this Buffer may be reduced to fifty (50) feet if retained or planted in forest cover;
    C. A planting plan shall be prepared for all forested areas, and best management practices must be implemented on portions of the site to be retained in agriculture use;
    D. Applicants shall demonstrate that practices for stormwater management maintain pollutant loadings at or below predevelopment loadings. (Prior code § 149-38)

Section 12.20.390 Design standards for minor subdivisions.
    The following design standards shall apply to all minor subdivisions approved for growth allocation in order to be approved:
    A. The total number of lots permitted in the critical area portion shall not exceed five lots;
    B. The total acreage within the critical area portion of the proposed development lot or parcel of record as of the date of adoption of this chapter shall not exceed thirty (30) acres;
    C. To the extent possible, the maximum lot size should not exceed the minimum individual lot size required by the Wicomico County health department;
    D. The applicant shall demonstrate that prior to December 1990 a soil conservation and water quality plan will be prepared and implemented on all portions of the site which remain in agricultural use, insofar as possible; at a minimum, a cooperators' agreement shall be entered into by the landowner;
    E. The applicant shall prepare a planting plan for those portions of the site which remain in forest cover;
    F. The subdivision shall comply with all the requirements of the Salisbury critical area program and this chapter as well as other applicable ordinances and regulations of the city of Salisbury. (Prior code § 149-39)

Section 12.20.400 Computing the use of the growth allocation.
    The manner in which growth allocation for a proposed project will be subtracted from the total city growth allocation will be determined on a project-by-project basis, subject to the critical area commission approval. In making a determination, the planning director will subtract all disturbed areas and areas not restricted from further development through restrictive covenants and not maintained in natural vegetation or other acceptable provisions as are approved by the city. In determining the area to be subtracted, the planning director will use the following guidelines:
    A. On parcels on which a change in the land management classification is requested in order to permit the use of growth allocation, a development envelope will be determined by the planning director, the acreage of which will be counted against the city's growth allocation.
    B. The critical area commission has developed guidelines for computing the use of growth allocation. However, the city reserves the right, on a case-by-case basis, to submit information to justify not subtracting all areas referred to in the critical area commission's guidelines. (Prior code § 149-40)

Section 12.20.410 Authority.
    The city of Salisbury board of zoning appeals is empowered to grant variances to the provisions of the critical area natural resource chapter where owing to special features of a site or other circumstances, a literal enforcement of the provisions of the critical area natural resource chapter would result in unwarranted hardship. The city of Salisbury board of zoning appeals is also empowered to grant a Buffer variance consistent with the provisions contained herein. (Prior code § 149-41)

Section 12.20.420 Basis for granting variances.
    The city of Salisbury board of zoning appeals shall examine all facts of the case and render a decision. Variance requests in the critical area shall not be granted unless the decision is based on the following criteria:
    A. That special conditions or circumstances exist that are unique to the subject property or structure and that a strict enforcement of the provisions within the critical area resource protection chapter would result in unwarranted hardship which is not generally shared by owners of property in the same land use management areas (i.e., IDA, LDA, RCA) of the critical area district;
    B. That strict enforcement of the provisions within the critical area district would deprive the property owner of rights commonly shared by other owners of property in the same management area within the critical area district;
    C. That the granting of a variance will not confer upon an applicant any special privilege that would be denied to other owners of like property and/or structures within the critical area district;
    D. That the variance request is not based upon conditions or circumstances which are self-created or self-imposed, nor does the request arise from conditions or circumstances either permitted or nonconforming which are related to adjacent parcels;
    E. That the granting of a variance will not adversely affect water quality or adversely impact fish, wildlife or plant habitat within the critical area district and that the granting of the variance will be consistent with the spirit and intent of the city's critical area program and associated chapters as well as state law and regulations adopted under Subtitle 18 of the Natural Resource Article and COMAR 14.15;
    F. That greater profitability or lack of knowledge of the restrictions shall not be considered as sufficient cause for a variance;
    G. That the proposed variance is consistent with the city of Salisbury comprehensive plan and Title 17, Zoning. (Prior code § 149-42)

Section 12.20.430 Site-specific Buffer variance.
    The city of Salisbury board of zoning appeals may grant a variance from the Buffer requirements for an area proposed for development, where the applicant can sufficiently demonstrate that the existing pattern of residential, industrial, commercial or recreational development in the critical area portion of the site prevents the Buffer from performing its function. At a minimum, in order to grant a Buffer variance, the city of Salisbury board of zoning appeals shall find that the following conditions exist:
    A. Development has altered the natural state of the area such that it has more than fifty (50) percent impervious surface and less than twenty (20) percent vegetative cover;
    B. The Buffer consists of inert fill that does not support vegetative growth;
    C. The area can only support less than fifty (50) percent vegetative cover, such area does not provide continuous vegetative cover along the Buffer, and stormwater runoff from the adjacent upland is diverted around the area by storm drains; or
    D. Other existing activities and physical conditions present on December 1, 1985, prevent the Buffer from performing its function. (Prior code § 149-43)

Section 12.20.440 Conditions.
    A variance or site-specific Buffer variance will not be granted by the city of Salisbury board of zoning appeals unless and until:
    A. A completed application form for a variance or site-specific Buffer variance is submitted which demonstrates the applicability of the above criteria. In addition, requests for a variance in the critical area district shall not be heard unless the state's critical area commission has received a copy of the variance or site-specific Buffer variance application at least two weeks prior to the scheduled public hearing;
    B. The city of Salisbury board of zoning appeals shall find that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of land, building or structures. In making this determination for variance requests in the critical area district, the city of Salisbury board of zoning appeals shall consider the following guidelines:
    1. That the granting of a site-specific Buffer variance or variance results in new structures or impervious surfaces being located as far back from mean high water, tidal wetlands or tributary streams in the critical area as is feasible;
    2. That the applicant takes steps to mitigate impacts, insofar as possible, including:
    a. Reforestation on the site to offset disturbed forests or developed woodlands on at least an equal-area basis,
    b. Afforestation of areas of the site so that at least fifteen (15) percent of the gross site is forested,
    c. Implementation of any mitigation measures which relate to habitat protection areas as delineated in the city of Salisbury critical area program; recommendations by state and/or city agencies are included as conditions of approval;
    3. The city of Salisbury board of zoning appeals shall further find that the granting of the variance or site-specific Buffer variance will be in harmony with the general purpose and intent of this chapter, shall not result in a use not permitted in the zone in which the property subject to variance is located and will not be injurious to the neighborhood or otherwise detrimental to the public welfare;
    4. For variances in the critical area district, the city of Salisbury board of zoning appeals shall find that the granting of the variance or site-specific Buffer variance will be in harmony with the general purpose and intent of this chapter and the city of Salisbury critical area program, shall not result in a use not permitted in the management area (i.e., IDA, LDA, RCA) or an increase in the number of permitted dwelling units (i.e., density limits) in which the property subject to the variance is located and will not be injurious to the neighborhood or otherwise detrimental to the public welfare;
    5. In addition to the extent possible based on best available information, all property owners immediately contiguous to the application shall be notified by certified mail and furnished a copy of the said application;
    6. In granting the variance or site-specific Buffer variance, the city of Salisbury board of zoning appeals may prescribe such conditions and safeguards as it deems appropriate which comply with the intent of this chapter and the city of Salisbury critical area program. Violations of such conditions and safeguards, when made part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under Article XV of this chapter. (Prior code § 149-44)

Section 12.20.450 Amendments to chapter, critical area program, land use management classifications
                               and Buffer exemptions.
    A. The mayor and the Salisbury city council may from time to time amend the provisions of this chapter, the approved city critical areas program or the land use management classification of properties in the critical area district or exempt certain portions of the critical area district from the Buffer requirements of Section 12.20.100.
    B. In addition, the mayor and the Salisbury city council shall review and propose any necessary amendments, as required, to either the program or to the land use management classifications in the critical area district at least every four years.
    C. All such amendments shall be approved by the Maryland Chesapeake Bay Critical Area Commission as established in Subtitle 18, § 8-1803, of the Critical Area Law of the Natural Resources Article of the Annotated Code of Maryland. Standards for critical area commission approval of proposed amendments are as set forth in the Critical Area Law, Subtitle 18, § 8-1809(i), of the Natural Resources Article of the Annotated Code of Maryland. The critical area commission process for approval of proposed amendments are as set forth in the Critical Area Law, Subtitle 18, § 8-1809(d). (Prior code § 149-45)

Section 12.20.460 Amendments to the official critical area district maps.
    A. The mayor and the Salisbury city council may from time to time elect to amend the critical area district boundary to delete areas of the city from the critical area district when it can be demonstrated that the critical area, as mapped on the official critical area district maps, is incorrectly drawn. The amended critical area district boundary shall, at a minimum, encompass all areas as set forth in Section 12.20.040. Evidence sufficient to warrant a determination of a mistakenly drawn critical area boundary line shall be based on and substantiated by either:
    1. The official state wetland maps;
    2. The amended official state wetland maps adopted by the state of Maryland;
    3. A survey by a registered surveyor based on the state wetland maps for the tidal extent; or
    4. The written concurrence by the state of Maryland that the official state wetland map is incorrect.
    B. The mayor and the Salisbury city council may also elect to add areas to the critical area district at any time. Addition or deletion of areas from the critical area district shall be processed as amendments to the critical area district as per Section 12.20.450. (Prior code § 149-46)

Section 12.20.470 Buffer exemption amendments.
    The mayor and the Salisbury city council may exempt an area proposed for development from the Buffer provisions of this chapter only by program amendment where it can be sufficiently demonstrated that the existing pattern of residential, industrial, commercial or recreational development in the critical area portion of the site prevents the Buffer from performing its function. All such amendments shall require a public hearing by the Salisbury planning and zoning commission, and the mayor and the Salisbury city council and approval by the critical area commission. In order to approve a Buffer exemption amendment, the mayor and the Salisbury city council shall find and require at a minimum that other measures for achieving the habitat and water quality protection objectives of the adopted critical area criteria have been met. (Prior code § 149-47)

Section 12.20.480 Amendment procedures.
    A. Proposed amendments to the text provisions of this chapter may only be initiated by the Salisbury planning and zoning commission.
    B. Map amendments involving specific properties requested by the property owner shall be submitted to the department of planning, zoning and community development.
    C. For all proposed amendments, the Salisbury planning and zoning commission shall first hold a public hearing related thereto, 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 city. In addition, the Salisbury planning and zoning commission shall post notice of their public heating on property(s) for which amendments are requested and, to the extent possible, based on the best available information, notify all property owners immediately contiguous to the applicant of the hearing date, time and place. The Salisbury planning and zoning commission shall also furnish these property owners with a copy of said application.
    D. The Salisbury planning and zoning commission shall then forward proposed amendments to the Maryland Chesapeake Bay Critical Area Commission.
    E. After receiving the recommendations of the Salisbury planning and zoning commission and the approval of the critical area commission, the mayor and the Salisbury city council shall hold a public hearing on the proposed amendments, at which parties in 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 city. (Prior code § 149-48)

Section 12.20.490 Requirements for amendments.
    A. Land Use Management Classification. When proposing a change of land use management classification, i.e., intensely developed area (IDA), limited development area (LDA) or resource conservation area (RCA), other than by changing a land use management classification through the granting of growth allocation, the mayor and the Salisbury city council shall not approve amendments unless it is found that there was a mistake in the original classification based on the application of the "Method for Delineating Land Use Management Classifications" contained in Section 1 of the Salisbury critical area program and that the amendment is approved by the critical area commission. Changes to the land use management classification using growth allocation shall be as prescribed in Section 12.20.320.
    B. Buffer Exemptions. The mayor and the Salisbury city council may recommend a buffer exemption amendment to the Buffer requirements of the critical area district, where the applicants can sufficiently demonstrate that the existing pattern of residential, industrial, commercial or recreational development in the critical area portion of the site prevents the Buffer from performing its function; provided, that the critical area commission has approved the Buffer exemption. At a minimum, in order to grant a Buffer exemption, the mayor and the Salisbury city council shall find that the following conditions exist:
    1. Existing development has altered the natural state of the site such that it has more than fifty (50) percent impervious surface and less than twenty (20) percent vegetative cover;
    2. The Buffer area consists of boulders or inert fill that does not and cannot support vegetative growth; or
    3. The Buffer area is only able to support a vegetative cover which is less than fifty (50) percent, such area cannot provide continuous vegetative cover along the Buffer, and/or stormwater runoff from the adjacent upland is diverted around the area by existing storm drains. (Prior code § 149-49)

Section 12.20.500 Applicability.
    Any subdivision of land as defined in Title 16, Subdivisions, shall be subject to the following special provisions when such subdivision occurs in the critical area district. (Prior code § 149-50)

Section 12.20.510 Submission requirements.
    Submission requirements shall be as follows:
    A. Concept Plans.
    1. Concept sketch plans shall be prepared and submitted to the department of planning, zoning and community development prior to submission of any proposed subdivision of five lots or more for approval by the Salisbury planning and zoning commission.
    2. The concept plan will provide a general sketch of the proposed development site layout and shall also show the location of:
    a. Tidal and nontidal wetlands;
    b. Streams;
    c. Areas of steep slopes, highly erodible soils and other soils with development constraints;
    d. The shore and stream Buffer (one hundred (100) feet minimum);
    e. Habitat protection areas and forests and developed woodlands on or in the vicinity of the proposed subdivision;
    f. The critical area district boundary and the applicable land management classification(s), i.e., intensely developed area (IDA), limited development area (LDA) or resource conservation area (RCA);
    g. The location and extent of existing and/or proposed shore erosion abatement approaches.
    3. The concept plan shall include a computation of the amount of acres in the critical area district.
    B. Preliminary Plats.
    1. In addition to the information for preliminary plats required in Section 16.08.020, proposed subdivisions located in the critical area district shall show the following additional information on the preliminary plat as applicable:
    a. A computation of the total area within the critical area district, the area within each of the land management classifications (i.e., IDA, LDA, RCA) and the number of lots in the critical area;
    b. Slopes of fifteen (15) percent or greater;
    c. The location and areal extent of all:
    i. Soils with septic limitations,
    ii. Wet soils,
    iii. Hydric soils,
    iv. Soils with hydric properties as shown on the Wicomico County soil survey;
    d. The location of all existing or proposed side improvements (including storm drains, culverts, retaining walls, fences and stormwater management facilities, as well as any sediment and erosion-control structures);
    e. The location of required open space areas, the Buffer and other buffer areas, forested areas and landscaping. (The plan shall show all areas to be maintained as landscaping, and the means by which such landscaping will be permanently maintained shall be specified);
    f. The location of all habitat protection areas on the site;
    g. The location of tidal and nontidal wetlands on and adjacent to the site, and a delineation of the watershed thereof;
    h. The location of eroding shoreline reaches, the rates of erosion, areas where shore erosion measures are in place and areas to be protected by the installation of proposed erosion-abatement approaches;
    i. The location of anadromous fish spawning stream(s) on or adjacent to the site, and a delineation of the watershed area of the stream on the site;
    j. Areas to be retained in agriculture and/or forestry use;
    k. Areas proposed for reforestation and afforestation;
    l. The total area of the site that will be temporarily disturbed during development and the area that will be permanently disturbed. ("Disturbed" is defined as any activity occurring on an area which may result in the loss of or damage to existing natural vegetation);
    m. Proposed natural park areas, as appropriate;
    n. The location of the critical area district boundary, the mean high water line and the landward edge of tidal wetlands;
    o. Proposed covenants on required open space areas.
    2. In addition to the information above, the preliminary subdivision plat shall be accompanied by the following when the subdivision or development is proposed in the critical area, as required:
    a. A planting plan for reforested and afforested areas, with the comments of the bay forester;
    b. A habitat protection plan, including the comments of the Maryland Forest, Park and Wildlife Service;
    c. A preliminary indication of a cooperators' agreement with the soil conservation district or farm plan, as applicable;
    d. A preliminary stormwater management plan;
    e. A preliminary sediment and erosion control plan;
    f. A shore erosion protection plan (complete specification for proposed shore erosion work);
    g. A natural park management plan, as appropriate;
    h. An environmental assessment report which provides a coherent statement of how the proposed development addresses the goals and objectives of the city of Salisbury critical area program. At a minimum, the environmental assessment shall include:
    i. A general site location map and a map of the project site,
    ii. A site description, including a statement of all existing natural conditions, e.g., amount and types of forest cover, amount and type of wetlands, discussion of existing agricultural activities on the site, soil types, topography, etc.,
    iii. A project description, including an explanation of the proposed development project, including the number and type of residential units, amount of impervious surface, proposed sewer treatment and water supply, acreage devoted to development, proposed open space and habitat protection areas,
    iv. A discussion of the proposed development's impacts on water quality and habitat protection areas,
    v. Documentation of all correspondence and findings received from any local, state or federal agency.
    C. Final Subdivision Plats.
    1. In addition to the information for final plats required in Section 16.12.030, proposed subdivisions located in the critical area district shall show the following additional information on the final subdivision plat as applicable:
    a. Tabulation on final plat (above approval block) showing the following for subdivisions wholly or partially located in the critical area:
    i. The total number of lots and/or parcels to be recorded,
    ii. The total area of lots and/or parcels, including widening strips,
    iii. The total area of roadways to be recorded,
    iv. The total area of the subdivision to be recorded and, where density restrictions apply, the acreage dedicated to the development,
    v. The total area of subdivision or parcels to be recorded in the critical area district,
    vi. The total number of lots in the critical area district,
    vii. The residential density in the critical area district.
    b. For subdivisions in the critical area, accurate outlines (metes and bounds, where required) of any required open space areas, common or reserved areas or portions of lots to be maintained by covenant, easement or similar approved instrument in permanent forest cover, including existing forested areas, reforested areas and afforested areas;
    c. For subdivisions in the critical area, accurate outlines (metes and bounds, where required) of any areas to be maintained as a resource-protection use (e.g., agriculture, natural parks, forest, etc.);
    d. An outline of building envelops, paved drives and any other proposed impervious surface areas;
    e. For subdivisions in the critical area, accurate outlines (metes and bounds, where required) of any areas to be maintained as permanent wildlife and plant habitat protection areas.
    2. In addition to the information above and any required public works plans, the final subdivision plat shall be accompanied by the following when the subdivision or development is proposed in the critical area, as required:
    a. Planting and resource conservation plans, as applicable. The subdivider in the critical area district shall prepare and submit a planting plan and/or resource conservation plan for areas where planting is required and a shoreline protection plan for areas of eroding shore to be stabilized;
    b. Open space maintenance plans. A detailed proposal, including covenants, agreements and other specific documents, showing ownership and the method of assuring perpetual maintenance to be applied to those areas of common open space, recreation areas and habitat protection areas in developments located in the critical area district. (Prior code § 149-51)

Section 12.20.520 Design standards.
    A. The standards and requirements outlined herein shall be considered minimum standards and requirements for the promotion of the public health, safety and general welfare and shall be in addition to the minimum standards set forth in Chapter 16.20.
    B. General Requirements.
    1. Land shall be suited for the purposes for which it is to be subdivided. The subdivision shall be laid out as to proper design and improvement, form and dimensions; and in relationship to street and lot design; as well as proposed and existing land uses in the proposed subdivision and adjoining areas. The land use pattern of the adopted city comprehensive plan, critical area program and the regulations of Title 17, Zoning, shall form the basic theme for the design pattern;
    2. Where trees, waterways, scenic points, historic sites and structures or other assets and landmarks are located within a proposed subdivision, the Salisbury planning and zoning commission shall see that all practical means be taken to preserve these features;
    3. Where a tract of land bordering tidal water, tidal wetlands or tributary streams in the critical area is to be subdivided and a Buffer exemption has not been granted by the mayor and the Salisbury city council, a Buffer of at least one hundred (100) feet shall be established in natural vegetation (except areas of the Buffer which are planted in vegetation where necessary to protect, stabilize or enhance the shoreline). No development, including septic systems, impervious surfaces, parking areas, roads or structures, are permitted in the Buffer. However, approved development or expansion of water-dependent facilities, as defined in this chapter, and private wells are excepted from these Buffer provisions;
    4. If the lot ownership extends to the water, wetlands or streambed, then the Buffer shall be included in the required setback distance for building on that lot, except in the case of water-dependent facilities. Where the Buffer is to be owned and maintained by a homeowners' or similar appropriate organization, the required setback distance shall be measured from the property line separating that lot from the designated Buffer. This Buffer, when not included in the lots, may be included in the calculating of the required open space;
    5. The Buffer shall be expanded to include contiguous sensitive areas on the parcels whose development or disturbance may impact streams, wetlands or other aquatic environments. This expansion will occur whenever new land development or other land-disturbing activities, such as clearing natural vegetation for agriculture, forestry or mining, are proposed and the Salisbury planning and zoning commission determines that such activity may impact wetlands or other aquatic environments. The expanded Buffer must be shown on plans required for such development or activities. "Sensitive areas" are defined as follows: hydric soils and soils with hydric properties as designated by the soil conservation service, highly erodible soils with a K value greater than thirty-five hundredths (0.35) and steep slopes greater than fifteen (15) percent. The Buffer shall be expanded according to the rules set forth below:
    a. When the site of the proposed land disturbance drains to a slope greater than fifteen (15) percent contiguous to the Buffer, the Buffer shall be extended four feet for every percent of slope over fifteen (15) percent, or to the top of the slope, whichever is greater, but in no case more than ten feet beyond the top of the slope greater than fifteen (15) percent,
    b. The Buffer shall be expanded to the upland limit of adjacent sensitive areas. The Buffer shall be expanded to include those soils lying in the drainage area between the proposed land disturbance and the Buffer;
    6. All subdivisions in the critical area district shall be subject to the habitat protection criteria and guidelines prescribed in the city of Salisbury critical area program;
    7. The subdivider shall be required to identify stormwater management practices appropriate to site development which achieve the following standards:
    a. In areas designated intensely developed area on the city of Salisbury critical area district map, the subdivider shall demonstrate that the best management practices for stormwater assure a ten percent reduction of predevelopment pollutant loadings,
    b. The subdivider shall delineate those site areas not covered by impervious surfaces to be maintained or established in vegetation. Where vegetation is not proposed, the developer shall demonstrate why plantings for such portions of the site are impracticable. Types of planting and vegetation proposed shall be in accordance with guidelines established in Section 12.20.210;
    8. The subdivision shall be designed to assure that those features or resources identified as habitat protection areas are afforded protection as prescribed in the habitat protection element of the city of Salisbury critical area program;
    9. In LDA's and RCA's, roads, bridges and utilities serving lots shall be located to avoid disturbances to habitat protection areas. When no alternative exists and such infrastructure must cross or be located in a habitat protection area, the developer shall demonstrate how impacts to habitats have been minimized and that no feasible alternative location of such infrastructure exists;
    10. In LDA's and RCA's, all roads, bridges, lots or other development which cross or are located adjacent to tributary streams in the critical area shall:
    a. Minimize clearing in the Buffer,
    b. Be designed in a manner to reduce increases in flood frequency and severity,
    c. Provide for the retention of natural streambed substrate,
    d. Minimize adverse impacts to water quality and stormwater runoff,
    e. Retain the existing tree canopy adjacent to tributary streams so as to maintain stream temperature within normal variation;
    11. Lots and open space areas shall be located and designed to provide for the maintenance of existing site wildlife and plant habitats and continuity with those on adjacent sites. Existing wildlife corridors shall be identified on proposed development plats. When wildlife corridors exist or are proposed, they shall include any existing habitat protection areas and connect large forested areas on or adjacent to the site. The subdivider shall ensure the permanent maintenance of wildlife corridors by establishing easements, restrictive covenants or similar instruments through which the corridor is preserved by public or private groups, including homeowners' associations, nature trusts and other organizations as approved by the city;
    12. Man-made impervious surfaces shall be limited to the following:
    a. For stormwater runoff, man-caused impervious areas shall be limited to fifteen (15) percent of the parcel to be developed. However, impervious surfaces on any lot not exceeding one acre in size in a subdivision approved after June 1, 1986, may be up to twenty-five (25) percent of the lot,
    b. Except as otherwise provided for stormwater runoff, man-made impervious surfaces are limited to fifteen (15) percent of a parcel or lot. If a parcel or lot one-half acre or less in size was in residential use or zoned for residential purposes on or before December 1, 1985, then man-made impervious surfaces associated with that use are limited to twenty-five (25) percent of the parcel or lot,
    c. If a parcel or lot one-fourth acre or less in size was in nonresidential use on or before December 1, 1985, then man-made impervious surfaces associated with that development are limited to twenty-five (25) percent of the parcel or lot,
    d. If an individual lot one acre or less in size is part of a subdivision approved after December 1, 1985, then man-made impervious surfaces of the lot may not exceed twenty-five (25) percent of the lot. However, the total of the impervious surfaces over the entire subdivision may not exceed fifteen (15) percent,
    e. This section does not apply to a trailer park that was in residential use on or before December 1, 1985. (Prior code § 149-52)

Section 12.20.530 More restrictive standards to govern.
    Whenever any provision of this chapter and any other provisions of law, whether set forth in this chapter or in any other law or regulation, impose, overlap or contradict existing regulations, or contain any restrictions covering any of the same subject matters, that provision which is more restrictive or imposes higher standards or requirements shall govern. (Prior code § 149-53)

Section 12.20.540 Appeals.
    It is expressly provided that if any property owner, developer or any other person interested therein is dissatisfied with any final ruling of any city official, elected or appointed council, board or commission as to the interpretation or application of the terms and conditions herein provided, the individual may appeal to the city of Salisbury board of zoning appeals, provided that said appeal is taken within thirty (30) days after the final decision has been rendered. (Prior code § 149-54)

Section 12.20.550 Violations and penalties--Additional remedies.
    A. Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating in full the causes and basis thereof, shall be filed with the department of planning, zoning and community development. The planning director shall properly record the complaint, immediately investigate and take action thereon as provided by this section.
    B. Violations of the provisions of this chapter or failure to comply with any of these requirements shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00) or be imprisoned for not more than thirty (30) days, or both, and, in addition, shall pay all costs and expenses involved in the case. Any person who shall violate this chapter shall be deemed guilty of a separate offense for every day that the violation shall continue. The owner or tenant of any building, structure, premises or part thereof and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer penalties herein provided.
    C. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. (Prior code § 149-55)
 

Sections:
    12.24.010 Speed of watercraft on river designated.
    12.24.020 Throwing litter into river prohibited.
    12.24.030 Erection and maintenance of wharves, bulkheads, piers and pilings required.

Section 12.24.010 Speed of watercraft on river designated.
    It is unlawful for any person to operate any vessel or other watercraft on the Wicomico River or its tributaries within the corporate limits of the city at a speed greater than five knots. (Prior code § 148-1)

Section 12.24.020 Throwing litter into river prohibited.
    No person shall throw into, deposit in or place where the same may fall or be washed into the Wicomico River or its tributaries within the corporate limits of the city any material, refuse or other matter of any kind detrimental to navigation or health. (Prior code § 148-2)

Section 12.24.030 Erection and maintenance of wharves, bulkheads, piers and pilings required.
    All persons owning property within the corporate limits of the city adjacent to and binding upon the Wicomico River and the North and South Prongs thereof shall erect and maintain, or shall cause to be erected and maintained, thereon wharves, bulkheads, piers and pilings in accordance with the plans and specifications of the United States Army Corps of Engineers, which plans and specifications are on file in the office of the District Engineer of the United States Army Corps of Engineers in Baltimore,Maryland. (Prior code § 148-3)
 

Sections:
    12.28.010 Permit required--Contents of permit.
    12.28.020 Permit fee.

Section 12.28.010 Permit required--Contents of permit.
    It is unlawful for any person, circus, show or any other body of exhibitors or performers to parade through, over or on the streets and highways of the city without first obtaining a permit from the chief of police, stating the streets through, over or on which and the hours within which the parade is to pass. (Prior code § 110-1)

Section 12.28.020 Permit fee.
    Any person, circus, show or any other body of exhibitors or performers, before parading through, over or on the streets and highways as set forth in Section 12.28.010, shall pay for the permit referred to in Section 12.28.010 the sum of ten dollars ($10.00); provided, that this section shall not be construed to apply to persons performing at licensed houses. (Prior code § 110-2)
 

Sections:
    12.32.010 Conflicts with other provisions.
    12.32.020 Pedestrian malls established.
    12.32.030 Promulgation of rules and regulations for mall operation and safety.
    12.32.040 Improvements.
    12.32.050 Vehicles prohibited--Exceptions.
    12.32.060 Pedestrian mall advisory committee--Membership--Duties.
    12.32.070 Rejection, modification or acceptance of plan--Issuance of permit.

Section 12.32.010 Conflicts with other provisions.
    To the extent that this chapter, as it relates to areas declared to be pedestrian malls, may be inconsistent with other ordinances of this city, including the Fire Code and the Building Code, this chapter shall be deemed to control. (Prior code § 116-1)

Section 12.32.020 Pedestrian malls established.
    The following streets, alleys or public places in the city are declared and established as pedestrian malls:
    A. West Main Street from Market Street to Division Street. West Main Street from Market Street to Division Street shall be reopened as a street for a period of three years beginning December 1, 2001 through December 1, 2004. (Ord. 1889, 2003: Ord. 1828 § 1, 2001; prior code § 116-2)

Section 12.32.030 Promulgation of rules and regulations for mall operation and safety.
    The director of public works* is authorized and directed to install such signs, barricades and other devices as may be necessary to warn drivers of the existence of a pedestrian mall, as established in the preceding section, and to exclude vehicles therein and to promulgate rules and regulations regarding the emergency use thereof by all self-propelled vehicles as hereinafter mentioned, which regulations shall take effect after approval thereof by the mayor and council of the city by resolution. (Prior code § 116-3)

* Editor's Note: See Article X, Department of Public Works, of the Charter.

Section 12.32.040 Improvements.
    The director of public works is authorized and directed to construct, maintain, beautify and improve such pedestrian mall areas with walkways, lawns, plantings, flower beds, reflecting pools, pavilions, structures and such other park-like improvements as will tend to promote the public safety and convenience of pedestrians and others making use of such areas. (Prior code § 116-4)

Section 12.32.050 Vehicles prohibited--Exceptions.
    A. No person, firm or corporation shall operate or cause to be operated in such pedestrian mall areas any vehicle, including but not limited to automobiles, trucks, tractors, motorcycles or bicycles, at any time; except, that this provision shall not apply to the following:
    1. Police vehicles;
    2. Fire and ambulance vehicles;
    3. City service vehicles;
    4. Public utility company vehicles urgently needed in or immediately adjoining such pedestrian mall and having no other reasonable access to the area;
    5. Vehicles permitted under valid permits.
    B. A person, firm or corporation may obtain a permit for a vehicle after a showing of special need and/or unusual circumstances, and such permit shall be in writing and may be granted by the Salisbury city police department. (Prior code § 116-5)

Section 12.32.060 Pedestrian mall advisory committee--Membership--Duties.
    A. There is established a pedestrian mall advisory committee to serve and be appointed by the mayor, with the advice and consent of the council, consisting of seven members as follows:
    1. The director of public works;
    2. The director of the department of building, housing and zoning;
    3. A member of the planning commission;
    4. A member of the citizens advisory committee;
    5. Three persons selected from the membership of the downtown mall association.
    B. The committee shall select its own chairman, vice chairman and secretary, keep minutes of its meetings and determine the date, time, place and notices respecting the same. It shall be the duty of the committee to:
    1. Draft and devices, with council approval, an architectural plan to propose a coordinated architectural theme consistent with the park-like effect of the mall itself but not necessarily uniform;
    2. Consider and recommend to city council approval or rejection of architectural treatment of building improvements and design of building fronts for structures facing upon or adjoining pedestrian malls of this city. Any plan submitted to the director of the department of building, housing and zoning which earns the committee's stamp of approval may be given a permit by the director of the department of building, housing and zoning without council review; however, any change that is inconsistent with the Fire or Building Codes must be approved by the mayor and council. Any plan which is not approved by the commission may be submitted to the council for approval;
    3. Consider and make recommendations regarding maintenance, advertising signs, improvements and physical layout of pedestrian malls and financing of the same;
    4. Consider and make recommendations to city council with respect to regulations and control of traffic in pedestrian malls, including but not limited to the use of emergency, service and utility vehicles and other approved methods of conveyance and items of special consideration. (Prior code § 116-6)

Section 12.32.070 Rejection, modification or acceptance of plan--Issuance of permit.
    The city council, after hearing all interested parties, may reject, modify or accept such plans as they relate to the architectural treatment of the fronts of buildings facing upon the mall or immediately adjoining thereto and order the issuance or rejection of the permit accordingly. (Prior code § 116-7)

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125 N. Division St.
Salisbury, MD 21801-4940
mchurch@ci.salisbury.md.us