subdivision plans shall have waterbody buffers clearly shown and
certified by a professional engineer, registered professional land
surveyor, or registered property line
surveyor. To meet the requirements of this section, applicants shall use best available data.
(B) All waterbody
buffer areas shall be maintained in a natural vegetative state unless
otherwise utilized for reforestation or afforestation to satisfy forest
resource ordinance obligations or for environmental enhancement projects
administered or approved by federal, state, or local government
buffer widths shall be determined in accordance with the requirements
described below and shall apply to each side of a waterbody. As used
herein, the term "moderate slope" means a slope with a gradient of 15%
to less than 25%; and the term "steep slope" means a slope with a
gradient of 25% or greater.
waterbody buffer width shall be derived by calculating the gradient of
the slope within a 175-foot cross-section on each side of a waterbody,
drawn perpendicular to the direction of water flow. Cross-sectional
measurements shall be taken every 50 feet along the bank(s) of the
(2) The minimum waterbody buffer shall be 100 feet.
(3) Except as
provided in subsection (4) below, if 60% or more of the 175-foot
cross-section includes moderate (15% to <25%) slopes, then the
waterbody buffer shall be increased to 150 feet for that side of the
(4) If the
toe and the crest of a moderate (15% to <25%) slope and the adjoining
backslope are located within the 175-foot cross-section, the waterbody
buffer will extend to the crest of the moderate (15% to <25%) slope,
or 100 feet, whichever is greater, for that side of the waterbody.
(5) Except as
provided in subsections (6) or (7) below, if 60% or more of the
175-foot cross-section includes steep (25% or greater) slopes, then the
waterbody buffer shall be increased to 175 feet, for that side of the
the Linganore Watershed Protection Area only, if the 175-foot
cross-section includes a steep (25% or greater) slope and the steep
slope extends beyond 175 feet, the waterbody buffer shall be extended to
include the entire steep slope area for that side of the waterbody.
(7) If the
toe and the crest of a steep (25% or greater) slope and the adjoining
backslope are located within the 175-foot cross section, the waterbody
buffer will extend to the crest of the steep slope, or 100 feet,
whichever is greater, for that side of the waterbody.
buffer widths may be greater than those provided herein if floodplain
and wetlands extend beyond the waterbody buffer area.
(D) No buildings,
structures, or impervious surfaces, and no activities requiring clearing
or grading over 5,000 square feet will be permitted in waterbody
buffers, except for utilities, public and private roads, driveways,
bikeways, and trails. Utilities, public and private roads, and
driveways must meet the requirements of subsection (F) below or qualify
for the exemption in subsection (G) below in order to be located within
the waterbody buffer.
disposal systems, including but not limited to septic tanks and their
associated piping, drainfields, septic reserve areas or sand mound
systems, receiving approval after August 15, 2008 shall be located
outside the waterbody buffer area. If Frederick County Health
Department-administered percolation tests outside the waterbody buffer
fail and the applicant can demonstrate that an alternative location
outside the waterbody buffer is not feasible, the Frederick County
Health Department may approve a sewage disposal system within the
waterbody buffer area provided all Code of Maryland regulations are met.
(F) (1) Public
and private roads, driveways, and utilities may be permitted in the
waterbody buffer only if the applicant has clearly demonstrated that no
feasible alternative exists, and that every reasonable effort has been
made to locate the public and private roads, driveways, and utilities
outside of the buffer area.
(2) In order
to locate public and private roads, driveways, or utilities in the
waterbody buffer, the applicant must submit a justification statement to
the appropriate county agency or division, including: (a) an evaluation
of at least one alternative location for the requested public and
private roads, driveways, and utilities; and (b) the reasons why the
alternative location or locations are not feasible.
and private roads, driveways, and utilities that are allowed in the
buffer area must be located to create the least disturbance to existing
vegetation, grade, and wetlands.
feasible, utility easements shall be set back a minimum of 50 feet from
all waterbodies or outside wetlands and their buffers, whichever is
bikeway or trail easements or rights-of-way within the waterbody buffer
shall be co-located whenever possible.
maintenance or repair of existing public and private roads, driveways,
utilities, bikeways and trails shall be exempt from the requirements of
subsection (F) above.
(H) Sediment and
erosion control structures or facilities may be allowed as a temporary
use in the waterbody buffers if Soil Conservation District (SCD) staff
or Natural Resources Conservation Service (NRCS) staff certifies in
writing that performance of the overall site sediment control system
will be measurably improved by placement of a facility at that
location. At a minimum, grading must be at least 25 feet from the bank
of the waterbody and from any wetlands.
Management (SWM) facilities or structures and appurtenant conveyances
(collectively hereinafter referred to as a "SWM Control System") within
the waterbody buffer area may be approved by the appropriate county
agency or division. In order to obtain this approval, the applicant
must submit a written request, including a justification statement
discussing each of the following factors:
(1) Documented and measurable improvement in the effectiveness of the SWM Control System if placed in the buffer.
(2) Minimization of encroachment into the buffer.
of existing sensitive areas (wetlands and their buffers, floodplains
and their buffers, steep (25% or greater) slopes, and habitat for rare,
threatened, and endangered species).
excessive grading will result from an uphill SWM location; and whether
the proposed SWM Control System(s) will allow for the reduction of
numerous smaller and less efficient SWM Control Systems outside the
severely degraded conditions within the buffer area exist that could be
improved if the SWM facility or structure is located within the buffer
presence of man-made structures (e.g., farm ponds) in the buffer area
under pre-development conditions that can be converted to SWM use
without excessive waterbody disturbance.
(J) Deposition or
stockpiling of any material, including excavated rock, topsoil, stumps,
shrubs, or any building or construction material, within the designated
waterbody buffer is prohibited. However, stockpiling which is necessary
to restore an area within a utility easement or temporary sediment
control area may be approved by the appropriate county agency or
division on a temporary basis.
(Ord. 07-24-464, 7-10-2007; Ord. 07-29-469, 9-4-2007; Ord. 08-21-497, 8-5-2008)
Section shall apply to applications for subdivision or resubdivision
filed on or after August 15, 2008, and shall also apply retroactively
to any subdivision or resubdivision application filed prior to, but not
formally approved by Staff or the Planning Commission as of, August 15,
2008. This Section shall not apply to: addition plats;
correction plats; outlot plats; revisions to previously approved
subdivision plats that do not change the number of lots; extensions or
re-approvals of previously approved subdivision plats that have not
expired; and submission of final plats for recordation, provided that
the final plat is consistent with the approved preliminary subdivision
Article IX Floodplain District Regulations