Chapter 30
ENVIRONMENT*
* Cross References: Animals, ch. 6; buildings and building regulations, ch. 10; unsafe buildings code, § 10-131 et seq.; manufactured homes and trailers, § 10-251 et seq.; floods, ch. 38; natural resources, ch. 54; solid waste, ch. 70; streets, sidewalks and other public places, ch. 74; subdivisions, ch. 78; utilities, ch. 94; vegetation, ch. 98; waterways, ch. 106; zoning, ch. 110.
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Sec. 30-1. Removal of earth or sand from public property.
Secs. 30-2--30-30. Reserved.
Article II. Erosion and Sediment Control
Division 1. Generally
Secs. 30-31--30-50. Reserved.
Division 2. Control Districts
Subdivision I. In General
Sec. 30-51. Purpose.
Sec. 30-52. Beach district established.
Sec. 30-53. Bay district established.
Sec. 30-54. Provisions applying to all districts.
Sec. 30-55. Applicability.
Sec. 30-56. Authority of soil conservation district; conditions for issuance of grading or building permits.
Sec. 30-57. Administration.
Sec. 30-58. Inspections and enforcement.
Sec. 30-59. Procedure for plan approval.
Sec. 30-60. Fees.
Sec. 30-61. Bonds.
Sec. 30-62. Time limit for commencing and completing construction.
Secs. 30-63--30-80. Reserved.
Subdivision II. Beach District Regulations
Sec. 30-81. Definitions.
Sec. 30-82. Regulations established.
Sec. 30-83. Approval of plans.
Sec. 30-84. Protection of dunes required.
Sec. 30-85. Planting of vegetation.
Sec. 30-86. Requirements during construction.
Sec. 30-87. Permanent berms.
Sec. 30-88. Grading standards; grading plan.
Sec. 30-89. Seasonal prohibition on alteration of beach area.
Sec. 30-90. Maintenance of dune setback line subsequent to construction.
Sec. 30-91. Stairways and steps.
Sec. 30-92. Submission of plans; contents of plans.
Secs. 30-93--30-110. Reserved.
Subdivision III. Bay District Regulations
Sec. 30-111. Regulations established.
Sec. 30-112. Approval of plans.
Sec. 30-113. Preparation of plans by professional engineer, surveyor or architect.
Sec. 30-114. Standards and specifications.
Secs. 30-115--30-140. Reserved.
Article III. Stormwater Management
Sec. 30-141. Title, purpose and authority, and incorporations.
Sec. 30-142. Definitions.
Sec. 30-143. Applicability.
Sec. 30-144. Stormwater management.
Sec. 30-145. Stormwater management plans.
Sec. 30-146. Permits.
Sec. 30-147. Performance bond.
Sec. 30-148. Inspection.
Sec. 30-149. Maintenance.
Sec. 30-150. Appeals.
Sec. 30-151. Severability.
Sec. 30-152. Penalties.
Sec. 30-153. Effective date.
Secs. 30-154--30-180. Reserved.
Division 1. Generally
Secs. 30-181--30-200. Reserved.
Division 2. Weeds, Brush and Grass
Sec. 30-201. Cutting and removal required.
Sec. 30-202. Maintenance of sidewalks, curbs and gutters.
Sec. 30-203. Notice to owner.
Sec. 30-204. Right to hearing.
Sec. 30-205. Failure to comply with notice.
Sec. 30-206. Collection of costs of work; action upon nonpayment.
Secs. 30-207--30-220. Reserved.
Division 3. Insect Control
Sec. 30-221. Property drainage or fill required.
Sec. 30-222. Notice to owner; right to hearing; failure to comply with notice.
Sec. 30-223. Collection of costs of work.
Secs. 30-224--30-250. Reserved.
Division 1. Generally
Secs. 30-251--30-270. Reserved.
Division 2. Unreasonably Loud Noise
Sec. 30-271. Prohibited.
Sec. 30-272. Prohibited noises enumerated.
Sec. 30-273. Responsibility of owner of premises.
Secs. 30-274--30-300. Reserved.
Division 3. Dancehalls and Nightclubs
Sec. 30-301. Soundproofing required.
Secs. 30-302--30-320. Reserved.
Division 4. Mechanical and Construction Noise
Sec. 30-321. Policy.
Sec. 30-322. Definitions.
Sec. 30-323. Maximum noise level.
Sec. 30-324. Noise from powered mechanical tools.
Sec. 30-325. Noise from non-powered hand-operated tools.
Sec. 30-326. Noise from pile drivers, excavating machines and jackhammers.
Sec. 30-327. Exceptions and applicability.
Secs. 30-328--30-340. Reserved.
Division 5. Sound Amplifiers
Sec. 30-341. Violations.
Sec. 30-342. Permit.
Secs. 30-343--30-360. Reserved.
Division 6. Noise Pollution Control
Sec. 30-361. Definitions.
Sec. 30-362. Policy.
Sec. 30-363. Effective date.
Sec. 30-364. Severability.
Sec. 30-365. Civil relief procedures.
Sec. 30-366. Measurement of noise levels.
Sec. 30-367. Maximum noise levels in residential districts.
Secs. 30-368--30-380. Reserved.
Division 7. Residences Providing Shelter to Transient or Temporary Population
Subdivision I. In General
Sec. 30-381. Legislative findings.
Sec. 30-382. Violations punishable as misdemeanor.
Sec. 30-383. Violations punishable as municipal infraction.
Sec. 30-384. Applicability.
Sec. 30-385. Maximum noise levels; responsibilities of property owner; procedure upon determination of excessive noise level.
Sec. 30-386. Notification to owners and tenants of noise level standards.
Secs. 30-387--30-400. Reserved.
Subdivision II. Permit
Sec. 30-401. Required.
Sec. 30-402. Required information; issuance.
Sec. 30-403. Term; renewal; grounds for denial or nonrenewal.
Sec. 30-404. Submission of plan for compliance; violation of plan for compliance.
Sec. 30-405. Appeals; issuance of temporary permit.
Secs. 30-406--30-500. Reserved.
Division 1. Generally
Secs. 30-501--30-530. Reserved.
Division 2. Oil and Petroleum Products
Sec. 30-531. Violations.
Sec. 30-532. Declaration of nuisance.
Sec. 30-533. On-shore or off-shore drilling prohibited.
Sec. 30-534. Refining or processing prohibited.
Sec. 30-535. Marine docking facilities.
Sec. 30-536. Pipelines.
Sec. 30-537. Deposit of oil on beaches.
Sec. 30-538. Dispensing of oil and petroleum products to marine vessels.
Sec. 30-539. Responsibility for negligent acts.
Secs. 30-540--30-550. Reserved.
Article VII. Atlantic Coastal Bays Critical Area Program
Sec. 30-551. Intent; purpose; findings; severability.
Sec. 30-552. Definitions.
Sec. 30-553. Intensely developed areas.
Sec. 30-554. Buffer and buffer management area.
Sec. 30-555. Habitat protection.
Sec. 30-556. Water dependent facilities.
Sec. 30-557. Individual private piers and docks.
Sec. 30-558. Shore erosion control.
Sec. 30-559. Implementation of the Atlantic Coastal Bays Critical Area provisions.
Sec. 30-560. Amendments and refinements.
Sec. 30-561. Variances.
Sec. 30-562. Administration and enforcement.
ARTICLE I.
IN GENERAL
Sec. 30-1. Removal of earth or sand from public property.
It shall be unlawful for any person, firm or corporation to remove or otherwise take away any quantity of sand or other earth weighing more than 50 pounds from public property, including but not limited to streets, alleys or public beaches within the corporate limits of Ocean City, except with the approval of the Mayor and City Council of Ocean City.
(Code 1972, § 87-1)
Secs. 30-2--30-30. Reserved.
ARTICLE II.
EROSION AND SEDIMENT CONTROL*
* Charter References: Erosion control, § C-901.
Cross References: Floods, ch. 38.
DIVISION 1.
GENERALLY
Secs. 30-31--30-50. Reserved.
DIVISION 2.
CONTROL DISTRICTS
Subdivision I.
In General
Sec. 30-51. Purpose.
For the purpose of soil erosion and sediment control, there are hereby established two erosion and sediment control districts.
(Code 1972, § 46-1)
Sec. 30-52. Beach district established.
The beach erosion control district is hereby established and shall consist of all that land within the corporate limits of Ocean City bordered on the north by the boundary line between the State of Maryland and the State of Delaware, bordered on the east by the waters of the Atlantic Ocean, bordered on the south by the waters of the Ocean City, Maryland, inlet and bordered on the west by the dune setback line; or, in the event that there is no dune setback line in a respective location, the west boundary shall be the boardwalk maintained by Ocean City.
(Code 1972, § 46-2)
Sec. 30-53. Bay district established.
All the property lying within Ocean City not situate in the beach erosion control district is established as being in the Bay Erosion Control District.
(Code 1972, § 46-3)
Sec. 30-54. Provisions applying to all districts.
The following general provisions, as set out in the sections below, shall apply in both the beach erosion control district and the Bay Erosion Control District, unless otherwise stated herein.
(Code 1972, § 46-21)
Sec. 30-55. Applicability.
The provisions of this division shall not apply to agricultural land management practices, the construction of agricultural structures or the construction of single-family residences and/or their accessory buildings on lots of two acres or more. All other activities which involve disturbances of earth or sand are covered by the provisions of this division.
(Code 1972, § 46-22)
Sec. 30-56. Authority of soil conservation district; conditions for issuance of grading or building permits.
Approval by the Worcester Soil Conservation District shall be required prior to the issuance of a building permit. Regardless of planning, zoning or subdivision controls, no municipal official or employee shall issue a permit for grading or for the construction of any building, other than for those matters exempted within this division, unless such grading or construction is in accord with the provisions of this division and with the policies of the Worcester Soil Conservation District. Approvals granted by the Worcester Soil Conservation District shall be valid and remain in effect for a period of one year from the date of issue or approval.
(Code 1972, § 46-23)
Sec. 30-57. Administration.
(a) The responsibility for providing technical assistance and erosion and sediment control plan approval lies with the Worcester Soil Conservation District.
(b) The Department of Planning and Community Development shall administer the provisions of this division.
(c) The Department of Planning and Community Development shall make periodic inspections of the site, and if deviations from approved plans are noticed or if practices are discovered which are contrary to the intent of this division, the department shall order compliance. If compliance is not achieved, the Department of Planning and Community Development shall order all work to cease and desist until compliance is achieved. A final inspection shall be made and a report filed with the Worcester Soil Conservation District.
(Code 1972, § 46-24)
Sec. 30-58. Inspections and enforcement.
(a) The department shall provide a site inspection prior to the start of grading or construction, periodically during construction and upon its completion.
(b) In those cases of large or complex projects deemed to be beyond the capabilities of the erosion control administrator's office, Ocean City reserves the right to employ, at the expense of the owner or developer, such consultants as are deemed necessary.
(c) Notice of violations shall be filed with the state department of water resources and with the Worcester Soil Conservation District.
(Code 1972, § 46-25)
Sec. 30-59. Procedure for plan approval.
(a) A minimum of three copies of the proposed plans shall be submitted to the erosion control administrator. The department shall then direct the applicant to submit said plans to the Worcester Soil Conservation District for review and approval.
(b) Upon approval, the owner shall then present a copy of the plans, stamped "Approved" by the Worcester Soil Conservation District, to the administrator prior to the issuance of a building permit.
(Code 1972, § 46-26)
Sec. 30-60. Fees.
The Mayor and City Council of Ocean City, Maryland, may establish a schedule of fees based upon the extent of construction as indicated on submitted plans.
(Code 1972, § 46-27)
Sec. 30-61. Bonds.
The Mayor and City Council of Ocean City, Maryland, may, at its option, require that the owner-applicant post with the Mayor and City Council a bond executed by the owner and a corporate surety with authority to do business in the State of Maryland, sufficient to ensure completion of the project or restoration of the site to meet the minimum requirements of this division.
(Code 1972, § 46-28)
Sec. 30-62. Time limit for commencing and completing construction.
Any work done pursuant to approvals granted under this division shall be commenced within one year from the date of said approval and shall be completed within two years of the granting of said approval, except that the Worcester Soil Conservation District may, for good cause shown, specify that said approval may remain in effect for a lesser or greater length of time, or said soil conservation district may, for good cause shown, extend an approval beyond the length of time originally specified.
(Code 1972, § 46-29)
Secs. 30-63--30-80. Reserved.
Subdivision II.
Beach District Regulations*
* Cross References: Waterways, ch. 106.
Sec. 30-81. Definitions.
The following terms, whenever used herein, shall have the respective meanings assigned to them unless a different meaning clearly appears from the context:
Beach replenishment project line. A line extending generally southward from the Maryland-Delaware line to the Ocean City inlet which establishes the western boundary of the Ocean City, Maryland, beach replenishment and hurricane protection project (ch. 606 of the 1986 Acts of Md.). Along the boardwalk, from the south side of 27th Street to the inlet, the line will generally coincide with the east edge of the boardwalk as it exists on the date that this division is adopted. The line has been established and platted by the Maryland department of natural resources and filed in the land records of Worcester County. Nothing in this division prevents the department of natural resources from amending the location of the line.
Dune. Any naturally occurring or manmade accumulations of sand in ridges or mounds landward of the beach. "Dune" includes primary dune ridges, as well as manmade dunes where they exist. Formations of sand immediately adjacent to the beach that are stabilized by retaining structures such as, but not limited to, fencing, planted vegetation and other measures are considered to be "dunes," regardless of the degree of modification of the "dune" by wind or wave action or disturbances by development.
Dune setback line. A line located 75 feet westward of the beach replenishment project line. The purpose of the dune setback line is to establish an area within which any construction or development must ensure that the integrity of any natural or manmade sand berms or sand dunes will be maintained, and to require that developed property within the area be protected from the effects of storms or hurricanes by the establishment and maintenance of sand berms and sand dunes.
(Code 1972, § 46-4)
Sec. 30-82. Regulations established.
The soil erosion and sediment control requirements and regulations in the beach erosion control district shall be as set out in this subdivision.
(Code 1972, § 46-5)
Sec. 30-83. Approval of plans.
Prior to the initiation of clearing, grading, transporting, moving, exchanging or otherwise disturbing any soil (including sand) or issuance of any Ocean City building permits, or the construction of any structure in the beach erosion control district, including, but not limited to, the construction of buildings, roads and streets, by any private person, partnership, joint venture, corporation, municipal corporation or any county or state agency, the plans for erosion and sediment control shall be first submitted to and approved by the Worcester Soil Conservation District. In reviewing the submissions, the Worcester Soil Conservation District shall consider whether the respective submission complies with the erosion and sediment control provisions of this division as heretofore and hereinafter stated. If the submitted plans do not comply with said provisions, the plans shall not be approved. If the soil conservation district finds that the submitted plans are in compliance with these provisions, it shall approve said plans. In approving said plans, the soil conservation district may impose written recommendations in reference to the proposed construction, and any such approval shall be subject to compliance with said recommendations.
(Code 1972, § 46-6)
Sec. 30-84. Protection of dunes required.
Prior to the construction of any structure on any lot, parcel or tract in the beach erosion control district, the owner, builder or developer shall construct a sand dune as herein specified. If said sand dune already exists, the owner, builder or developer must take the steps herein specified to protect and maintain said dune.
(Code 1972, § 46-7)
Sec. 30-85. Planting of vegetation.
All areas east of said dune setback line between plus five feet above mean low water and plus 16 feet above mean low water not covered by the building or structure and not paved shall be planted in vegetation suitable to the environment of the location. Said vegetation shall be acceptable to the Worcester Soil Conservation District.
(Code 1972, § 46-8)
Sec. 30-86. Requirements during construction.
During construction of any structures east of the dune setback line, the owner, builder or developer shall, at all times until said structures are completed, create and maintain a berm acceptable to the Worcester Soil Conservation District.
(Code 1972, § 46-9)
Sec. 30-87. Permanent berms.
The owner, building or developer shall construct a berm eastward from the dune setback line acceptable to the Worcester Soil Conservation District.
(Code 1972, § 46-10)
Sec. 30-88. Grading standards; grading plan.
All grading proposed shall be in accordance with the Soil Conservation Service handbook, "Standards and Specifications for Soil Erosion and Sediment Control in Urbanizing Areas," and such other authorities as may from time to time be utilized by the Worcester Soil Conservation District. The grading plan shall be designed by a registered professional engineer or land surveyor, landscape architect or architect who shall certify that it meets the standards and specifications as set forth in this subdivision. The grading plans shall be submitted along with other required plans to the Worcester Soil Conservation District for approval.
(Code 1972, § 46-11)
Sec. 30-89. Seasonal prohibition on alteration of beach area.
No alteration, modification or excavation of the beach area shall be permitted during the peak of the hurricane season, which is hereby established as being that period between August 1 and October 31 in each year, except activities allowed by section 106-255, for the purpose of maintaining the storm protection characteristics of the beach and dune.
(Code 1972, § 46-12)
Sec. 30-90. Maintenance of dune setback line subsequent to construction.
The owner, builder or developer shall be responsible for maintaining the dune setback line, including its berm, subsequent to construction according to the specifications stated in this subdivision. The owner, builder or developer shall present to the City Engineer, after the approval of the soil conservation district, but prior to the approval by the City Engineer of Ocean City and the issuance of a building permit, an executed declaration or other binding, recordable document creating a binding covenant to maintain said dune setback line and berm, which shall run with the land and be binding on all successors, heirs and assigns of the owner and be perpetual. Said covenant shall require the owner, his successors, heirs and assigns to conduct maintenance according to the requirements of the Worcester Soil Conservation District, as they may be established from time to time. The Mayor and City Council of Ocean City may, at its sole discretion, waive the requirement for the declaration aforesaid if it, the Mayor and City Council of Ocean City, receives from said owner a public easement to all that area east of the dune setback line and the building or structure erected on said lot, so that said Mayor and City Council of Ocean City may, if it chooses, maintain the berm and dune setback line as above specified. In no event, however, is such a public easement to be construed as requiring the Mayor and City Council to maintain said berm or dune setback line or to waive the duty of the owner, his successors, heirs or assigns to maintain the dune setback line or berm, and said easement shall so state. Any such easements shall contain a provision that the owner, his successors, heirs or assigns shall, upon one week's notice from the Mayor and City Council, cause all stairways, steps and other fixtures or facilities, excluding pilings or foundations, located east of said dune setback line to be temporarily elevated or retracted (as herein specified) or temporarily removed from the area east of said dune setback line for the purpose of facilitating berm maintenance.
(Code 1972, § 46-13)
Sec. 30-91. Stairways and steps.
All stairways and steps located eastward of said dune setback line shall be retractable either horizontally westward of the dune setback line or vertically to at least an elevation of plus nine feet above the minimum required elevation of the berm of the dune at any respective location.
(Code 1972, § 46-15)
Sec. 30-92. Submission of plans; contents of plans.
Prior to the issuance of an Ocean City building permit, the following plan, certified as herein specified, shall be submitted to and approved by the Worcester Soil Conservation District when application is made for approval, and shall show:
(1) Structural and vegetative measures, including locations of plantings.
(2) Temporary berm, including extent and location of berm during construction.
(3) Permanent berm, including the proposed berm subsequent to construction.
(4) Structure specifications, including the locations of foundations and pilings.
(5) Clearance elevation, certified as required.
(6) Stairways or step locations and specifications, indicating stairways and steps east of the dune setback line.
(7) Grading provisions.
(Code 1972, § 46-16)
Secs. 30-93--30-110. Reserved.
Subdivision III.
Bay District Regulations*
* Cross References: Waterways, ch. 106.
Sec. 30-111. Regulations established.
The soil erosion and sediment control requirements and regulations in the Bay Erosion Control District shall be as set out in this subdivision.
(Code 1972, § 46-17)
Sec. 30-112. Approval of plans.
Prior to the initiation of clearing, grading, transporting, moving, exchanging, hydraulic filling, bulkheading or otherwise disturbing any soil (including sand), or the issuance of an Ocean City building permit, or the construction of any structure in the Bay Erosion Control District, including, but not limited to, the construction of buildings, roads and streets, by any private person, partnership, joint venture, corporation, municipal corporation or any county or state agency, the soil erosion and sediment control plans for the proposed clearing, grading, transporting, moving, exchanging, hydraulic filling, bulkheading, disturbing or construction shall be first submitted to and approved by the Worcester Soil Conservation District. In reviewing the submissions, the Worcester Soil Conservation District shall consider whether the respective submission complies with the erosion and sediment control provisions as heretofore and hereinafter stated. If the submitted plan does not comply with said provisions, the plan shall not be approved. If the soil conservation district finds that the submitted plan is in compliance with said provisions, it shall approve said plan. In approving said plan, the Worcester Soil Conservation District may impose written recommendations in reference to the proposed construction, and any such approval shall be subject to compliance with said recommendations.
(Code 1972, § 46-18)
Sec. 30-113. Preparation of plans by professional engineer, surveyor or architect.
In all activities involving the disturbance of earth, the Worcester Soil Conservation District may, at its option, require the owner, builder or developer to furnish the soil conservation district a grading, sediment and erosion control plan prepared by a professional engineer, land surveyor, landscape architect or architect. In the case of subdivisions involving the construction of streets and/or the installation of underground utilities, a grading, sediment and erosion control plan prepared by a professional engineer or architect shall be required.
(Code 1972, § 46-19)
Sec. 30-114. Standards and specifications.
In considering plans for earth changes in the Bay Erosion Control District, the soil conservation district shall be guided by the Soil Conservation Service handbook, "Standards and Specifications for Soil Erosion and Sediment Control in Urbanizing Areas," and such other authorities as may become available.
(Code 1972, § 46-20)
Secs. 30-115--30-140. Reserved.
ARTICLE III.
STORMWATER MANAGEMENT*
* Editors Note: Ord. No. 2001-12, adopted June 18, 2001, amended article III in its entirety to read as herein set out. See the Code Comparative Table.
Cross References: Floods, ch. 38.
Sec. 30-141. Title, purpose and authority, and incorporations.
(a) This article may be referred to as the "Ocean City Stormwater Management Ordinance."
(b) The purpose of this article is to protect, maintain and enhance the public health, safety, and general welfare by establishing minimum requirements and procedures to control the adverse impacts associated with increased stormwater runoff. Proper management of stormwater runoff will minimize damage to public and private property, reduce the effects of development on land, control stream channel erosion, reduce local flooding, and maintain after development, as nearly as possible, the pre-development runoff characteristics.
The provisions of this article, pursuant to the Environment Article, Title 4, Subtitle 2, Annotated Code of Maryland, 1993 replacement volume, are adopted under the authority of the Code of the Town of Ocean City and shall apply to all development occurring within the incorporated area of Ocean City. The application of this article and provisions expressed herein shall be the minimum stormwater management requirements and shall not be deemed a limitation or repeal of any other powers granted by State statute. The City Engineer shall be responsible for the coordination and enforcement of the provisions of this article.
(c) For the purpose of this article, the following documents are incorporated by reference:
(1) The 2000 Maryland Stormwater Design Manual, Volumes I & II (Maryland Department of the Environment, April 2000), is incorporated by reference by the Mayor and City Council of Ocean City and shall serve as the official guide for stormwater principles, methods, and practices.
(2) USDA Natural Resources Conservation Service Maryland Conservation Practice Standard Pond Code 378 (January 2000).
(Code 1972, § 46-32; Ord. No. 2001-12, 6-18-2001)
Sec. 30-142. Definitions.
For the purpose of this article, the following definitions describe the meaning of the terms used in this article.
Administration means the Maryland Department of the Environment (MDE) Water Management Administration (WMA).
Adverse impact means any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics or usefulness for human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.
Agriculture land management practices means those methods and procedures used in the cultivation of land in order to further crop and livestock production and conservation of related soil and water resources.
Applicant means any person, firm, or governmental agency who executes the necessary forms to procure official approval of a project or a permit to carry out construction of a project.
Aquifer means a porous water bearing geologic formation generally restricted to materials capable of yielding an appreciable supply of water.
Best management practice (BMP) means a structural devise or nonstructural practice designed to temporarily store or treat stormwater runoff in order to mitigate flooding, reduce pollution, and provide other amenities.
Channel protection storage volume (Cp v) means the volume used to design structural management practices to control stream channel erosion. Methods for calculating the channel protection storage volume are specified in the 2000 Maryland Stormwater Design Manual, Volumes I and II.
Clearing means the removal of trees and brush from the land but shall not include the ordinary mowing of grass.
Design manual means the 2000 Maryland Stormwater Design Manual, Volumes I and II, that serves as the official guide for stormwater management principles, methods, and practices.
Detention structure means a permanent structure for the temporary storage of runoff, which is designed so as not to create a permanent pool of water.
Develop land means to change the runoff characteristics of a parcel of land in conjunction with residential, commercial, industrial, or institutional construction or alteration.
Direct discharge means the concentrated release of stormwater to tidal waters or vegetated tidal wetlands from new development or redevelopment projects in the critical area.
Drainage area means that area contributing runoff to a single point measured in a horizontal plane, which is enclosed by a ridge line.
Easement means a grant or reservation by the owner of land for the use of such land by others for a specific purpose or purposes, and which must be included in the conveyance of land affected by such easement.
Exemption means those land development activities that are not subject to the stormwater management requirements contained in this article.
Extended detention means a stormwater design feature that provides gradual release of a volume of water in order to increase settling of pollutants and protect downstream channels from frequent storm events. Methods for designing extended detention BMPs are specified in the design manual.
Extreme flood volume (Q f) means the storage volume required to control those infrequent but large storm events in which overbank flows reach or exceed the boundaries of the 100-year floodplain.
Flow attenuation means prolonging the flow time of runoff to reduce the peak discharge.
Grading means any act by which soil is cleared, stripped, stockpiled, excavated, scarified, filled or any combination thereof.
Infiltration means the passage or movement of water into the soil surface.
Off-site stormwater management means the design and construction of systems necessary to control stormwater from more than one development.
On-site stormwater management means the design and construction of systems necessary to control stormwater within an immediate development.
Overbank flood protection volume (Q p) means the volume controlled by structural practices to prevent an increase in the frequency of out of bank flooding generated by development. Methods for calculating the overbank flood protection volume are specified in the design manual.
Owner means the record title holder of the subject property.
Recharge volume (Re v) means that portion of the water quality volume used to maintain groundwater recharge rates at development sites. Methods for calculating the recharge volume are specified in the design manual.
Redevelopment means any construction, alteration, or improvement exceeding 5,000 square feet of land disturbance performed on sites where existing land use is commercial, industrial, institutional or multifamily residential.
Retention structure means a permanent structure that provides for the storage of runoff by means of a permanent pool of water.
Retrofitting means the construction of s structural BMP in a previously developed area, the modification of an existing structural BMP, or the implementation of a nonstructural practice to improve water quality over current conditions.
Sediment means soils or other surficial materials transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.
Site means:
(1) For "new development" any tract, lot, or parcel of land or combination of tracts, lots, or parcels of land, which are in one ownership, or are contiguous and in diverse ownership where development is to be performed as part of a unit, subdivision, or project.
(2) For "redevelopment" the area of new construction as shown on an approved site plant; or the original parcel. Final determination of the applicable area shall be made by the City Engineer.
(3) Also, the possibility of the coexistence of "redevelopment" and "new development" within a single distinct project.
Stabilization means the prevention of soil movement by any of various vegetative and/or structural means.
Stormwater management means:
(1) For quantitative control, a system of vegetative and structural measures that control the increased volume and rate of surface runoff caused by man-made changes to the land; and
(2) For qualitative control, a system of vegetative, structural, and other measures that reduce or eliminate pollutants that might otherwise be carried by surface runoff.
Stormwater management plan means a set of drawings or other documents submitted by a person as a prerequisite to obtaining a stormwater management approval, which contain all of the information and specifications pertaining to stormwater management.
Stripping means any activity which removes the vegetative surface cover including tree removal, clearing, grubbing and storage or removal of topsoil.
Variance means the modification of the minimum stormwater management requirements for specific circumstances such that strict adherence to the requirements would result in unnecessary hardship and not fulfill the intent of the article.
Waiver means the relinquishment from stormwater management requirements by the Town of Ocean City for a specific development on a case-by-case review basis.
(1) Qualitative stormwater management waiver includes water quality volume and recharge volume design parameters.
(2) Quantitative stormwater management waiver includes channel protection storage volume, overbank flood protection volume, and extreme flood volume design parameter.
Watercourse means any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash, in and including any adjacent area that is subject to inundation from overflow or flood water.
Watershed means the total drainage area contributing runoff to a single point.
Water quality volume (WQ v) means the volume needed to capture and treat the runoff from 90 percent of the average annual rainfall at a development site. Methods for calculating the water quality volume are specified in the design manual.
(Code 1972, § 46-33; Ord. No. 2001-12, 6-18-2001)
Sec. 30-143. Applicability.
(a) Scope. No person shall develop any land for residential, commercial, industrial, or institutional uses without having provided stormwater management measures that control or manage runoff from such developments, except as provided within this section. The stormwater management measures must be designed consistent with the design manual and constructed according to an approved plan for new development or the policies stated in subsection 30-143(d) for redevelopment.
(b) Exemptions. The following development activities are exempt from the provisions of this article and the requirements of providing stormwater management:
(1) Agricultural land management activities;
(2) Additions or modifications to existing single family detached residential structures if they comply with subsection 30-143(b)(3) hereof;
(3) Developments that do not disturb over 5,000 square feet of land area;
(4) Land development activities that the Administration determines will be regulated under specific State laws, which provide for managing stormwater runoff.
(c) Waivers/watershed management plans.
(1) Stormwater management quantitative control waivers shall be granted only to those projects within areas where watershed management plans have been developed consistent with subsection 30-143(c)(6) hereof.
(2) If watershed management plans consistent with subsection 30-143(c)(6) hereof section have not been developed, then stormwater management quantitative control waivers may be granted to projects:
a. That have direct discharges to tidally influenced receiving waters;
b. That do not increase the post-development peak discharge for the two-year storm event by more than ten percent; or
c. When the approving agency determines that circumstances exist that prevent the reasonable implementation of quantity control practices.
(3) Stormwater management qualitative control waivers apply only to:
a. In-fill development projects where stormwater management implementation is not feasible;
b. Redevelopment projects if the requirements of subsection 30-143(d) of this article are satisfied; or
c. Sites where the approving agency determines that circumstances exist that prevent the reasonable implementation of quality control practices.
(4) Waivers granted must:
a. Be on a case-by-case basis;
b. Consider the cumulative effects of the Town of Ocean City waiver policy; and
c. Reasonably ensure the development will not adversely impact stream quality.
(5) If the Town of Ocean City has established an overall watershed management plan for a specific watershed, then the Town of Ocean City may develop quantitative waiver and redevelopment provisions that differ from subsections 30-143(c)(2) and 30-143(d) hereof.
(6) A watershed management plan developed for the purpose of implementing different stormwater management policies for waivers and redevelopment shall:
a. Include detailed hydrologic and hydraulic analysis to determine hydrograph timing;
b. Evaluate both quantity and quality management;
c. Include cumulative impact assessment of watershed development;
d. Identify existing flooding and receiving stream channel conditions;
e. Be conducted at a reasonable scale;
f. Specify where on site or off-site quantitative and qualitative stormwater management practices are to be implemented;
g. Be consistent with the general performance standards for stormwater management in Maryland found in section 1.2 of the design manual; and
h. Be approved by the Administration.
(7) The Town of Ocean City may grant a waiver of quantitative stormwater management requirements for individual developments in areas where watershed management plans have been developed provided that a written request is submitted by the applicant containing descriptions, drawings, and any other information that is necessary to evaluate the proposed development. A separate written waiver request shall be required in accordance with the provisions of this section if there are subsequent additions, extensions, or modifications to a development receiving a waiver.
(d) Redevelopment.
(1) The recharge, channel protection storage volume, and overbank flood protection volume requirements specified in the design manual do not apply to redevelopment projects unless specified by the Town of Ocean City.
(2) All redevelopment projects shall reduce existing site impervious areas by at least 20 percent. Where site conditions prevent the reduction of impervious area, then stormwater management practices shall be implemented to provide qualitative control for at least 20 percent of the site's impervious area. When a combination of impervious area reduction and stormwater practice implementation is used, the combined area shall equal or exceed 20 percent of the site.
(3) Where conditions prevent impervious area reduction or on-site stormwater management, practical alternatives may be considered, including but not limited to:
a. Off-site BMP implementation for a drainage area comparable in size and percent imperviousness to that of the project;
b. Watershed or stream restoration;
c. Retrofitting;
d. Other practices approved by the Town of Ocean City; or
e. Fees in lieu, if no other alternatives are practical.
(Ord. No. 2001-12, 6-18-2001)
Sec. 30-144. Stormwater management.
(a) Minimum control requirements.
(1) The minimum control requirements established in this section and the design manual are as follows:
a. The recharge volume, water quality volume, and overbank flood protection volume for the two-year frequency storm event shall be used to design BMP's according to the design manual; and
b. The Town of Ocean City may require more than the minimum control requirements specified in this article if hydrologic or topographic conditions warrant or if flooding, stream channel erosion, or water quality problems exist downstream from a proposed project.
(2) Stormwater management and development plans where applicable, shall be consistent with adopted and approved watershed management plans or flood management plans as approved by the Maryland Department of the Environment in accordance with the Flood Hazard Management Act of 1976.
(b) Stormwater management measures. The structural and nonstructural stormwater management measures established in this article shall be used, either alone or in a combination, in developing a stormwater management plan.
(1) Structural stormwater management measures.
a. The following structural stormwater management practices shall be designed according to the design manual to satisfy the applicable minimum control requirements established in subsection 30-144(a) hereof.
1. Stormwater management ponds;
2. Stormwater management wetlands;
3. Stormwater management infiltration;
4. Stormwater management filtering systems; and
5. Stormwater management open channel systems.
b. The performance criteria specified in the design manual with regard to general feasibility, conveyance, pretreatment, treatment and geometry, environment and landscaping, and maintenance shall be considered when selecting structural stormwater management practices.
c. Structural stormwater management practices shall be selected to accommodate the unique hydrologic or geologic regions of the town.
(2) Nonstructural stormwater management measures.
a. The following nonstructural stormwater management practices shall be applied according to the design manual to minimize increases in new development runoff:
1. Natural area conservation;
2. Disconnection of rooftop runoff;
3. Disconnection of non-rooftop runoff;
4. Sheet flow to buffers;
5. Grass channels; and
6. Environmentally sensitive development.
b. The use of nonstructural stormwater management practices shall be encouraged to minimize the reliance on structural BMP's.
c. The minimum control requirements listed in subsection 30-144(a) hereof may be reduced when nonstructural stormwater management practices are incorporated into site designs according to the design manual.
d. The use of nonstructural stormwater management practices may not conflict with existing State or local laws, ordinances, regulations, or policies.
e. Nonstructural stormwater management practices used to reduce the minimum control requirements must be recorded in the land records of Worcester County and remain unaltered by subsequent property owners. Prior approval from the Town of Ocean City shall be obtained before nonstructural stormwater practices are altered.
(3) Alternative structural and nonstructural stormwater management practices may be used for new development water quality control if they meet the performance criteria established in the design manual and are approved by the Administration. Practices used for redevelopment projects shall be approved by the Town of Ocean City.
(4) For the purpose of modifying the minimum control requirements or design criteria, the owner/developer shall submit to the Town of Ocean City an analysis of the impacts of stormwater flows downstream in the watershed. The analysis shall include hydrologic and hydraulic calculations necessary to determine the impact of hydrograph timing modifications of the proposed development upon a dam, highway, structure, or natural point of restricted streamflow. The point of investigation is to be established with the concurrence of the Town of Ocean City, downstream of the first downstream tributary whose drainage area equals or exceeds the contributing area to the project or stormwater management facility.
(c) Specific design criteria. The basic design criteria, methodologies, and construction specifications, subject to the approval of the Town of Ocean City and the Administration, shall be those of the design manual.
(d) Variance. The Town of Ocean city may grant a written variance from any requirement of section 30-144 (stormwater management criteria), of this article if there are exceptional circumstances applicable to the site such that strict adherence will result in unnecessary hardship and not fulfill the intent of the article. A written request for variance shall be provided to the Town of Ocean City and shall state the specific variances sought and reasons for their granting. The Town of Ocean City shall not grant a variance unless and until sufficient justification is provided by the person developing land.
(Ord. No. 2001-12, 6-18-2001)
Sec. 30-145. Stormwater management plans.
(a) Review and approval of stormwater management plans.
(1) For any proposed development, the developer shall submit a stormwater management plan or waiver application to the Town of Ocean City for review and approval, unless otherwise exempted. The stormwater management plan shall contain supporting computations, drawings, and sufficient information describing the manner, location, and type of measures in which stormwater runoff will be managed from the entire development. The Town of Ocean City shall review the plan to determine compliance with the requirements of this article prior to approval. The plan shall serve as the basis for all subsequent construction.
(2) Notification of approval or reasons for disapproval or modification shall be given to the applicant within 30 days after submission of the completed stormwater plan. If a decision is not made within 30 days the applicant shall be informed of the status of the review process and the anticipated completion date. The stormwater management plan shall not be considered approved without the inclusion of the signature and date of signature of the Town of Ocean City on the plan.
(b) Contents of the stormwater management plan.
(1) The developer is responsible for submitting a stormwater management plan that meets the design requirements of this article. The plan shall be accompanied by a report that includes sufficient information to evaluate the environmental characteristics of affected areas, the potential impacts of the proposed development on water resources, and the effectiveness and acceptability of measures proposed for managing stormwater runoff. The developer or builder shall certify on the drawings that all clearing, grading, drainage, construction, and development shall be conducted in strict accordance with the plan. If a stormwater management plan involves direction of some or all runoff off the site, it is the responsibility of the developer to obtain from adjacent property owners any easements or necessary property interests concerning flowage of water. Approval of a stormwater management plan does not create or affect any right to direct runoff onto adjacent property without that property owner's permission.
(2) The minimum information submitted for support of a stormwater management plan or application for a waiver shall be as follows:
a. A brief narrative description of the project;
b. Geotechnicial investigations including soil maps, borings, site specific recommendations, and any additional information necessary for the proposed stormwater management design;
c. Descriptions of all water courses, impoundments, and wetlands on or adjacent to the site or into which stormwater directly flows;
d. Hydrologic computations, including drainage area maps depicting predevelopment and post development runoff flow path segmentation and land use;
e. Hydraulic computations;
f. Structural computations;
g. Unified sizing criteria volume computations according to the design manual; and
h. Any other information required by the Town of Ocean City.
(3) Construction drawings submitted for stormwater management plan approval shall include the following:
a. A vicinity map.
b. Topography survey showing existing and proposed contours, including the area necessary to determine downstream analysis for proposed stormwater management facilities;
c. Any proposed improvements including location of buildings or other structures, impervious surfaces, storm drainage facilities, and all grading;
d. The location of existing and proposed structures and utilities;
e. Any easements and rights-of-way;
f. The delineation, if applicable, of the 100-year floodplain and any on site wetlands;
g. Structural and construction details for all components of the proposed drainage system or systems, and stormwater management facilities;
h. All necessary construction specifications;
i. A sequence of construction;
j. Data for total site area, disturbed area, new impervious area, and total impervious area;
k. A table showing the unified sizing criteria volumes required in the design manual;
l. A table of materials to be used for stormwater management facility planting;
m. All soil boring logs and locations;
n. A maintenance schedule;
o. Certification by the owner/developer that all stormwater management construction will be done according to this plan;
p. An as-built certification signature block to be executed after project completion; and
q. Any other information required by the Town of Ocean City.
(c) Preparation of the stormwater management plan.
(1) The design of stormwater management plans shall be prepared by an individual whose qualifications are acceptable to the Town of Ocean City. The Town of Ocean City may require that the design be prepared by either a professional engineer, professional land surveyor, or landscape architect licensed in the State, as necessary to protect the public or the environment.
(2) If a stormwater BMP requires either a dam safety permit from MDE or small pond approval from the Worcester Soil Conservation District (SCD), the Town of Ocean City shall require that the design be prepared by a professional engineer licensed in the State.
(Ord. No. 2001-12, 6-18-2001)
Sec. 30-146. Permits.
(a) Permit requirements. A grading or building permit may not be issued for any parcel or lot unless a stormwater management plan has been approved or waived by the Town of Ocean City as meeting all the requirements of this article. Where appropriate, a building permit may not be issued without:
(1) Recorded easements for the stormwater management facility and easements to provide adequate access for inspection and maintenance from a public right-of-way;
(2) A recorded stormwater management maintenance agreement;
(3) A performance bond; and
(4) Permission from adjacent property owners pursuant to 30-145(b)(1) as necessary.
(b) Permit fee. A non-refundable permit fee will be collected at the time the stormwater management plan or application for waiver is submitted. The permit fee will provide for the cost of plan review, administration, and management of the permitting process, and inspection of all projects subject to this article. A permit fee schedule shall be established by the Town of Ocean City based upon the relative complexity of the project and may be amended from time to time.
(c) Permit suspension and revocation. Any grading or building permit issued by the Town of Ocean City may be suspended or revoked after written notice is given to the permittee for any of the following reasons:
(1) Any violation(s) of the conditions of the stormwater management plan approval.
(2) Changes in site runoff characteristics upon which an approval or waiver was granted.
(3) Construction is not in accordance with the approved plan.
(4) Noncompliance with correction notice(s) or stop work order(s) issued for the construction of the stormwater management facility.
(5) An immediate danger exists in a downstream area in the opinion of the Town of Ocean City.
(d) Permit conditions. In granting the plan approval, the Town of Ocean City may impose such conditions that may be deemed necessary to ensure compliance with the provisions of this article and the preservation of the public health and safety.
(Ord. No. 2001-12, 6-18-2001)
Sec. 30-147. Performance bond.
The Town of Ocean City shall require from the developer a surety or cash bond, irrevocable letter of credit, or other means of security acceptable to the Town of Ocean City prior to the issuance of any building and/or grading permit for the construction of a development requiring a stormwater management facility. The amount of the security shall not be less than the total estimated construction cost of the stormwater management facility. The bond required in this section shall include provisions relative to forfeiture for failure to complete work specified in the approved stormwater management plan, compliance with all of the provisions of this article, and other applicable laws and regulations, and any time limitations. The bond shall not be fully released without a final inspection of the completed work by the Town of Ocean City, submission of "as-built" plans, and certification of completion by the Town of Ocean City that the stormwater management facilities comply with the approved plan and the provisions of the article. A procedure may be used to release parts of the bond held by the Town of Ocean City after various stages of construction have been completed and accepted by the Town of Ocean City. The procedures used for partially releasing performance bonds must be specified by the City Engineer in writing prior to stormwater management plan approval.
(Ord. No. 2001-12, 6-18-2001)
Sec. 30-148. Inspection.
(a) Inspection schedule and reports.
(1) The developer shall notify the Town of Ocean City at least 48 hours before commencing any work in conjunction with the stormwater management plan and upon completion of the project when a final inspection will be conducted.
(2) Inspections shall be conducted by the Town of Ocean City, its authorized representative, or certified by a professional engineer licensed in the State. Written inspection reports shall be made of the periodic inspections necessary during construction of stormwater management systems to ensure compliance with the approved plans.
(3) Written inspection reports shall include:
a. The date and location of the inspection;
b. Whether construction was in compliance with the approved stormwater management plan;
c. Any variations from the approved construction specifications; and
d. Any violations that exist.
(4) The owner/developer and on site personnel shall be notified in writing when violations are observed. Written notification shall describe the nature of the violation and the required corrective action.
(5) No work shall proceed until the Town of Ocean City inspects and approves the work previously completed and furnishes the developer with the results of the inspection reports as soon as possible after completion of each required inspection.
(b) Inspection requirements during construction.
(1) At a minimum regular inspections shall be made and documented at the following specified stages of construction:
a. For ponds:
1. Upon completion of excavation to sub-foundation and when required, installation of structural supports or reinforcement for structures, including but not limited to:
(i) Core trenches for structural embankments
(ii) Inlet and outlet structures, anti-seep collars or diaphragms, and watertight connectors on pipes; and
(iii) Trenches for enclosed storm drainage facilities;
2. During placement of structural fill, concrete, and installation of piping and catch basins;
3. During backfill of foundations and trenches;
4. During embankment construction; and
5. Upon completion of final grading and establishment of permanent stabilization.
b. Wetlands at the stages specified for pond construction in subsection 30-148(b)(1)a. hereof, during and after wetland reservoir area planting, and during the second growing season to verify a vegetation survival rate of at least 50 percent.
c. For infiltration trenches:
1. During excavation to subgrade;
2. During placement and backfill of underdrain systems and observation wells;
3. During placement of geotextiles and all filter media;
4. During construction of appurtenant conveyance systems such as diversion structures, pre-filters and filters, inlets, outlets, and flow distribution structures; and
5. Upon completion of final grading and establishment of permanent stabilization;
d. For infiltration basins at the stages specified for pond construction in subsection 30-148(b)(1)a. hereof and during placement and backfill of underdrain systems.
e. For filtering systems:
1. During excavation to subgrade;
2. During placement and backfill of underdrain systems;
3. During placement of geotextiles and all filter media;
4. During construction of appurtenant conveyance systems such as flow diversion structures, pre-filters and filters, inlets, outlets, orifices, and flow distribution structures; and
5. Upon completion of final grading and establishment of permanent stabilization.
f. For open channel systems:
1. During excavation to subgrade;
2. During placement and backfill of under drain systems for dry swales;
3. During installation of diaphragms, check dams, or weirs; and
4. Upon completion of final grading and establishment of permanent stabilization.
g. For nonstructural practices upon completion of final grading, the establishment of permanent stabilization, and before issuance of use and occupancy approval.
(2) The Town of Ocean City may, for enforcement purposes, use any one or a combination of the following actions:
a. A notice of violation shall be issued specifying the need for a violation to be corrected if stormwater management plan noncompliance is identified;
b. A stop work order shall be issued for the site by the Town of Ocean City if a violation persists;
c. Bond or securities may be withheld or the case may be referred for legal action if reasonable efforts to correct the violation have not been undertaken; or
d. In addition to any other sanctions, a civil action may be brought against any person in violation of the stormwater management subtitle or this article.
(3) Any step in the enforcement process may be taken at any time, depending on the severity of the violation.
(4) Once construction is complete, as-built plan certification shall be submitted by either a professional engineer or professional land surveyor licensed in the State to ensure that constructed stormwater management practices and conveyance systems comply with the specifications contained in the approved plans. At a minimum, as-built certification shall include a set of drawings comparing the approved stormwater management plan with what was constructed. The Town of Ocean City may require additional information.
(5) The Town of Ocean City shall submit notice of construction to the Administration on a form supplied by the Administration for each stormwater management practice within 45 days of construction completion. If BMPs requiring SCD approval area constructed, notice of construction completion shall also be submitted to the appropriate SCD.
(Ord. No. 2001-12, 6-18-2001)
Sec. 30-149. Maintenance.
(a) Maintenance inspection.
(1) The Town of Ocean City shall ensure that preventative maintenance is performed by inspecting all stormwater management systems. Inspection shall occur during the first year of operation and at least once every three years thereafter. In addition, a maintenance agreement between the owner and the Town of Ocean City shall be executed for privately owned stormwater management systems as described in subsection 30-149(b) hereof.
(2) Inspection reports shall be maintained by the Town of Ocean City for all stormwater management systems.
(3) Inspection reports for stormwater management systems shall include the following:
a. The date of inspection;
b. Name of inspector;
c. The condition of:
1. Vegetation or filter media;
2. Fences or other safety devices;
3. Spillways, valves, or other control structures;
4. Embankments, slopes, and safety benches;
5. Reservoir or treatment areas;
6. Inlet and outlet channels or structures;
7. Underground drainage;
8. Sediment and debris accumulation in storage and forebay areas;
9. Any nonstructural practices to the extent practicable; and
10. Any other item that could affect the proper function of the stormwater management system.
d. Description of needed maintenance.
(4) After notification is provided to the owner of any deficiencies discovered from an inspection of a stormwater management system, the owner shall have 30 days or other time frame mutually agreed to between the Town of Ocean City and the owner to correct the deficiencies. The Town of Ocean City shall then conduct a subsequent inspection to ensure completion of the repairs.
(5) If repairs are not undertaken or are not found to be done properly, then enforcement procedures following subsection 30-149(b)(3) hereof shall be followed by the Town of Ocean City.
(6) If, after an inspection by the Town of Ocean City, the condition of a stormwater management facility presents an immediate danger to the public health or safety, because of an unsafe condition or improper maintenance, the Town of Ocean City shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the County/Municipality shall be assessed against the owner(s), as provided in subsection 30-149(b)(3) hereof.
(b) Maintenance agreement.
(1) Prior to the issuance of any building permit for which stormwater management is required, the Town of Ocean City shall require the applicant and the owner to execute an inspection and maintenance agreement binding on all subsequent owners of land served by a private stormwater management facility. Such agreement shall provide for access to the facility at reasonable times for regular inspections by the Town of Ocean City or its authorized representative to ensure that the facility is maintained in proper working condition to meet design standards.
(2) The agreement shall be recorded by the owner in the land records of Worcester County.
(3) The agreement shall also provide that, if after notice by the Town of Ocean City to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) within 30 days, the Town of Ocean City may perform all necessary work to place the facility in proper working condition. The owner(s) of the facility shall be assessed the cost of the work and any penalties. This may be accomplished by placing a lien on the property, which may be placed on the tax bill and collected as ordinary taxes by the Town of Ocean City.
(c) Maintenance responsibility.
(1) The owner of the property on which work has been done pursuant to this article for private stormwater management facilities, or any other person or agent in control of such property, shall maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sediment control measures, and other protective devices. Such repairs or restoration and maintenance shall be in accordance with approved plans.
(2) A maintenance schedule shall be developed for the life of any stormwater management facility and shall state the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be printed on the approved stormwater management plan.
(Ord. No. 2001-12, 6-18-2001)
Sec. 30-150. Appeals.
Any person aggrieved by the action of any official charged with the enforcement of this article, as the result of the disapproval of a properly filed application for a permit, issuance of a written notice of violation, or an alleged failure to properly enforce the article in regard to a specific application, shall have the right to appeal the action to the Board of Adjustments and Appeals. The appeal shall be filed in writing within 30 days of the date of official transmittal of the final decision or determination to the applicant, shall state clearly the grounds on which the appeal is based, and shall be processed in the manner prescribed for hearing administrative appeals under the Standard Building Code adopted by the Town of Ocean City.
(Ord. No. 2001-12, 6-18-2001)
Sec. 30-151. Severability.
If any portion of this article is held invalid or unconstitutional by a court of competent jurisdiction, such portion shall not affect the validity of the remaining portions of this article. It is the intent of the Town of Ocean City that this article shall stand, even if a section, subsection, sentence, clause, phrase, or portion may be found invalid.
(Ord. No. 2001-12, 6-18-2001)
Sec. 30-152. Penalties.
Any person violating the provisions of this article shall be deemed to have committed a "municipal infraction" and shall be subject to a fine of not more than $1,000.00. Each day that a violation continues shall be a separate offense. In addition, the Town of Ocean City may institute injunctive or other appropriate action or proceedings of law to correct violations of this article. Any court of competent jurisdiction shall have the right to issue temporary or permanent restraining orders, injunctions or other appropriate forms of relief.
(Ord. No. 2001-12, 6-18-2001)
Sec. 30-153. Effective date.
Be if further enacted, that this article shall take effect July 1, 2001.
(Ord. No. 2001-12, 6-18-2001)
Secs. 30-154--30-180. Reserved.
ARTICLE IV.
LOT MAINTENANCE
DIVISION 1.
GENERALLY
Secs. 30-181--30-200. Reserved.
DIVISION 2.
WEEDS, BRUSH AND GRASS*
* Cross References: Vegetation, ch. 98.
Sec. 30-201. Cutting and removal required.
It shall be unlawful for any owner of any lots or lands located within the corporate limits of Ocean City to allow on any such lot or land any growth of weeds, brush or grass to be a height of nine inches or more. Any owner of any lot or lands within Ocean City shall be responsible for the cutting, destruction or removal of the weeds, brush or grass.
(Code 1972, § 64-1)
Sec. 30-202. Maintenance of sidewalks, curbs and gutters.
Property owners of any lot or land located in Ocean City shall maintain their respective sidewalks, curbs and gutters bordering their parcels of land in such condition as to be clear of all growth of grass and weeds within the sidewalks, curbs and gutters.
(Code 1972, § 64-2)
Sec. 30-203. Notice to owner.
The building official is hereby authorized and directed to give written notice to the owner of any lot or parcel of land who has permitted the excessive growth of weeds, brush or grass upon his property or in the sidewalk, curb or gutter to cut, destroy or remove the same within a stated time to be not less than seven days from the date of such notice. Sufficient notice shall be deemed to have been given if given by personal service thereof by any member of the Police Department or by written notice addressed to the owner of such lot at the address of such owner as recorded in the assessment records of the Mayor and City Council of Ocean City and deposited in the post office at Ocean City, Maryland, with first class postage prepaid. Said notice shall include therein the amount of the cost to be assessed against the property owner in the event that it is necessary for the Mayor and City Council of Ocean City to undertake such cutting, destruction or removal of the excessive growth of weeds, brush or grass.
(Code 1972, § 64-2.1; Ord. No. 2008-10, 6-16-2008)
Sec. 30-204. Right to hearing.
The owner receiving notice pursuant to section 30-203 shall have the right to appear before the Mayor and City Council at a time and place specified in the notice to show cause why he should not comply with the requirements of the notice. If the right hereby provided shall be exercised by the owner, the Council may, after affording such person an opportunity to be heard, confirm, set aside or modify the original notice and/or order.
(Code 1972, § 64-2.2)
Sec. 30-205. Failure to comply with notice.
In the event of the failure, neglect or refusal of any owner duly notified in accordance with section 30-203 to cut, destroy or remove such excessive growth of weeds, brush or grass from his property in accordance with the notice duly given, the building official shall cut, destroy or remove or contract for the cutting, destruction or removal of the growth of weeds, brush or grass therefrom.
(Code 1972, § 64-2.3; Ord. No. 2008-10, 6-16-2008)
Sec. 30-206. Collection of costs of work; action upon nonpayment.
The cost of any work ordered by the building official pursuant to section 30-205 hereof shall constitute a lien on the property and shall be assessed as a tax on the subject premises. If the bill or statement for same is not paid within 30 days of the date said bill or statement is deposited in the post office of Ocean City, Maryland, addressed to the address of the owner of the subject premises as such owner is reflected in the tax records of Ocean City or in the event of multiple ownership addressed to the local address of the subject premises, Ocean City shall not approve the transfer or conveyance of any property or premises if the tax records of Ocean City indicate such a tax remains unpaid. Pursuant to the authority created by Ann. Code of Md. art. 23A, §2(17), (34), and pursuant to the authorities granted and contained in subsection (36), Liens, of section C-414 of the Charter of the Town of Ocean City, Maryland, any such unpaid taxes shall be collectible in the same manner as municipal taxes are collected. The provisions relating to tax sales contained in Ann. Code of Md., Tax-Property Article, tit. 14, subtit. 8, pt. III (Ann. Code of Md., Tax-Property article, §14-808 et seq.) shall apply to said taxes and the property may be sold for such unpaid taxes as so provided.
(Code 1972, § 64-2.4; Ord. No. 2008-10, 6-16-2008)
Secs. 30-207--30-220. Reserved.
DIVISION 3.
INSECT CONTROL*
* Cross References: Animals, ch. 6.
Sec. 30-221. Property drainage or fill required.
The owner of any lot or part of a lot within Ocean City, Maryland, within 150 feet of any dwelling, apartment house, hotel or business establishment shall be compelled to drain or caused to be drained or fill or caused to be filled his property in such a manner as to prevent the pooling or ponding of water and/or the breeding of flies, mosquitoes and other insects or larvae thereof.
(Code 1972, § 64-3)
Sec. 30-222. Notice to owner; right to hearing; failure to comply with notice.
Should any owner(s) of any lot or part of a lot within Ocean City within 150 feet of any dwelling, apartment house, hotel or business establishment fail to drain or caused to be drained or fill or caused to be filled his said property, the City Engineer shall notify the owner(s) of record of such lot or part of a lot of the requirement. Said notification shall direct the aforesaid owner(s) to drain or caused to be drained or fill or caused to be filled the subject property within 60 days. There shall be attached to said notification a copy of this division. Said notification shall also advise the respective owner(s) that said lot or part of a lot shall be drained or filled at the owner's expense and that, if same is not accomplished within 60 days, Ocean City may cause said property to be drained or filled and assess said owner(s) for the costs of same, which said costs shall constitute a lien on the owner's property until paid. Said owner(s) shall be informed in said notice of his right to a hearing before the City Engineer, provided that the City Engineer receives a written request for a hearing within 14 days of receipt of the notification and provided that the owner set forth reasons why he should not be required to comply with this division. The City Engineer, after a hearing and after consideration of such reasons, may affirm, set aside or modify the original notice.
(Code 1972, § 64-4)
Sec. 30-223. Collection of costs of work.
Any costs so incurred by the Mayor and City Council shall be assessed as a tax on the subject premises. If the bill or statement for same is not paid within 30 days of the date said bill or statement is deposited in the post office at Ocean City, Maryland, addressed to the address of the owner of the subject premises as such owner is reflected in the tax records of Ocean City or, in the event of multiple ownership, addressed to the local address of the subject premises, Ocean City shall not approve the transfer or conveyance of any property or premises if the tax records of Ocean City indicate such a tax remains unpaid. Pursuant to the authority granted by Ann. Code of Md. art. 23A, § 2(17), (34), and pursuant to the authority granted and contained in subsection (36), Liens, of section 181 (now codified as section C-414) of the Charter of the Town of Ocean City, Maryland, any such unpaid taxes shall be collectible in the same manner as municipal taxes are collected. The provisions relating to tax sales contained in Ann. Code of Md., Tax-Property article, tit. 14, subtit. 8, pt. III (Ann. Code of Md., Tax-Property article, § 14-808 et seq.) shall apply to said taxes, and the property may be sold for such unpaid taxes as so provided.
(Code 1972, § 64-4.1)
Secs. 30-224--30-250. Reserved.
ARTICLE V.
NOISE*
* Charter References: Authority to regulate noise, § C-1403.
State Law References: Noise, Ann. Code of Md., Environment article, § 3-101 et seq.
DIVISION 1.
GENERALLY
Secs. 30-251--30-270. Reserved.
DIVISION 2.
UNREASONABLY LOUD NOISE
Sec. 30-271. Prohibited.
It shall be unlawful for any person to make, continue or cause to be made or continued any unreasonably loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the corporate limits of Ocean City.
(Code 1972, § 67-1)
Sec. 30-272. Prohibited noises enumerated.
The following acts, among others, are hereby declared to be unreasonably loud noises in violation of this division:
(1) The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street, way, avenue or alley or other public place of Ocean City, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary or unreasonable length of time; the use of any signaling device, except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.
(2) Use of radios, phonographs and musical instruments.
a. The using of, operating of or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto.
b. The using of, operating of or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound on a public beach, the boardwalk, streets or other public ways in such a manner as is unreasonably loud so as to disturb the peace, quiet and comfort of other persons or at a louder volume than is necessary for the convenient hearing of the individual carrying the instrument, machine or device or those individuals immediately adjacent thereto and who are voluntary listeners thereto.
c. The using of, operating of or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound between the hours of 12:00 midnight and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located.
(3) Yelling, shouting, hooting, whistling and singing.
a. Yelling, shouting, hooting, whistling or singing on the public streets or public areas or from private property at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence or any persons in the vicinity, between the hours of 7:00 a.m. and 12:00 midnight, after having been warned to quiet or cease such noisemaking.
b. Yelling, shouting, hooting, whistling or singing on the public streets or public areas or from private property in such a manner as to be plainly audible at a distance of 50 feet from the public street, public area, building, structure or vehicle from which the noise emanates, between the hours of 12:00 midnight and 7:00 a.m.
(4) The operation of any boat or other water vessel with an outboard motor or with an inboard motor, unless equipped with an adequately muffled exhaust system; or the use of any siren or other noise-producing or noise-amplifying instrument or mechanical device on a boat in such a manner that the peace and good order of the neighborhood is disturbed; provided, however, that nothing in this division shall be construed to prohibit the use of whistles, bells or horns as signals as required by the United States Motor Boat Act or other state or federal laws for the safe navigation of motor boats or vessels.
(Code 1972, § 67-2)
Sec. 30-273. Responsibility of owner of premises.
It shall be unlawful for any person to knowingly permit the making, creation or maintenance of unreasonably loud noises upon any premises owned or possessed by him or under his control.
(Code 1972, § 67-3)
Secs. 30-274--30-300. Reserved.
DIVISION 3.
DANCEHALLS AND NIGHTCLUBS
Sec. 30-301. Soundproofing required.
It shall be unlawful for any person or persons, firm or corporation to operate, maintain or carry on as a business any dancehall or nightclub or any other business as a part of which or incidental to which dancing and entertainers are or any of them is offered for the entertainment of the patrons of such establishment, except in a room or rooms that has or have been so soundproofed or have been so located or constructed that no noise emanates from such establishment which is in excess of 65 dB(A) in the daytime hours and 55 dB(A) in the nighttime hours at the adjoining property line or is plainly audible at a distance of 50 feet from the establishment; and each day any such dancehall, nightclub or other business, as aforesaid, shall be operated, maintained or carried on in violation of this division shall constitute a separate offense.
(Code 1972, § 67-5)
Secs. 30-302--30-320. Reserved.
DIVISION 4.
MECHANICAL AND CONSTRUCTION NOISE*
* Cross References: Buildings and building regulations, ch. 10.
Sec. 30-321. Policy.
It is hereby declared to be the policy of the Mayor and City Council of Ocean City, Maryland, to prevent any unreasonable, loud, disturbing and unnecessary noise. Noise of such character, intensity and duration as to be detrimental to the life, health, safety and general welfare of any individual or contrary to the public welfare is prohibited as herein provided.
(Code 1972, § 67-7)
Sec. 30-322. Definitions.
The following terms, whenever used herein, shall be used as follows unless a different meaning clearly appears from the context:
Excavating machinery. Any power-driven machinery used to excavate or dig into the ground or used to level or grade any ground site.
Jackhammer. Any power-driven device which is used to break up concrete or macadam, or which causes any metal object to strike any other metal object for the purpose of riveting, bolting or fastening together any two or more objects.
Non-powered hand-operated tools. Non-powered hand-operated tools such as hammers, shovels, hand saws, etc.
Pile driver. Any mechanism that is used to hammer, drive, or auger any type of piling into the ground.
Powered mechanical tools. Mechanical objects used in construction, drilling, repair, alteration, renovation, maintenance dredging, demolition and related practices.
Sec. 30-323. Maximum noise level.
The operation of any tools used in construction, drilling, repair, alteration, renovation, maintenance, dredging, demolition and all related practices, except those specified in division 8 of this article, creating noise in excess of 89 decibels at the adjoining property line is hereby prohibited.
(Code 1972, § 67-8)
Sec. 30-324. Noise from powered mechanical tools.
Except as otherwise provided in section 30-326, the operation of powered mechanical tools is regulated as follows:
(1) Between May 1 and September 30, the operation of mechanical tools is permitted only between 9:00 a.m. and 5:30 p.m.
(2) Between October 1 and April 30, the operation of mechanical tools is permitted only between 7:00 a.m. and 5:30 p.m.
(3) In no instance may the noise level from mechanical tools be in excess of 79 decibels at any adjoining property line.
Sec. 30-325. Noise from non-powered hand-operated tools.
The operation of hand tools is regulated as follows:
(1) Between May 1 and September 30, the operation of hand tools creating noise audible from an adjacent property is permitted only between 8:00 a.m. and 6:30 p.m.
(2) Between October 1 and April 30, the operation of hand tools creating noise audible from an adjacent property is permitted only between 6:00 a.m. and 6:30 p.m.
(3) In no instance may the noise level from hand tools be in excess of 79 decibels at any adjoining property.
Sec. 30-326. Noise from pile drivers, excavating machines and jackhammers.
(a) Between May 1 and September 30, persons, groups of persons, firms, companies, corporations or any other legal entities may operate, use or allow the operation of any pile driver, excavating machinery or jackhammer only between 10:00 a.m. and 2:00 p.m., Monday through Friday, and at no time on Saturdays, Sundays and holidays. The Mayor and City Council may grant a permit to operate such machinery during the ordinarily prohibited time if it determines that the project site is sufficiently distant from inhabited or occupied property and that such activity would not disturb the property occupants.
(b) Between October 1 and April 30, the operation of pile drivers, excavating machinery and jackhammers shall be subject to the time limitations set forth in section 30-324(2), except on weekends. On Saturdays, Sundays and holidays operation is allowed only between 10:00 a.m. and 2:00 p.m.
(c) In no event shall the operation of this machinery at any time create noise in excess of 89 decibels at the next inhabited or occupied property line.
Sec. 30-327. Exceptions and applicability.
(a) The requirements of this division shall not be construed to prevent the operation of properly muffled motor vehicles licensed for operation on the highways of this state.
(b) The Mayor and City Council, by appropriate resolution, shall have the right to waive any and/or all of the requirements herein in cases of emergency where the welfare of persons or property may be jeopardized by their strict enforcement.
(c) Nothing in this division shall be construed to create a prohibition against any use of Ocean City machinery, etc., or the noises emitting therefrom. The operation of municipal machinery and the noises emitting therefrom are hereby expressly exempted from the provisions of this division.
(Code 1972, § 67-12)
Secs. 30-328--30-340. Reserved.
DIVISION 5.
SOUND AMPLIFIERS
Sec. 30-341. Violations.
Any person, persons or group of persons who shall violate this division shall, upon conviction thereof, be deemed guilty of a misdemeanor. The commission of such violation by a corporation, firm or partnership shall be construed, insofar as is legally permissible, as the commission of such offenses by any and all officers and/or partners of said corporation, firm or partnership.
(Code 1972, § 67-16)
Sec. 30-342. Permit.
(a) It shall be unlawful for any person or persons, firm or corporation to use or permit to be used for business purposes upon any public street, sidewalk, alley or way within the corporate limits of Ocean City any mechanical device for magnifying the human voice or music or other sounds without first having received a permit therefor from the Mayor and City Council of Ocean City.
(b) Each application for such permit shall be addressed to the Mayor and City Council of Ocean City, accompanied by a fee of $25.00, and shall set forth the date and the hours between which such use is to be made, the nature of the mechanical device to be employed for such purpose and the person to be in charge of the operation thereof.
(Code 1972, §§ 67-14, 67-15)
Secs. 30-343--30-360. Reserved.
DIVISION 6.
NOISE POLLUTION CONTROL
Sec. 30-361. Definitions.
The following terms, wherever used herein, shall have the respective meanings assigned to them unless a different meaning clearly appears from the context:
ANSI. The American National Standards Institute or its successor bodies.
Daytime hours. 7:00 a.m. to 10:00 p.m., local time.
dB(A). The abbreviation for the sound level in decibels determined by the A-weighting network of a sound level meter or by calculation from octave band or one-third octave band data.
Decibel (dB). A unit of measure, on a logarithmic scale, or the ratio of a particular sound pressure squared to a standard reference pressure squared. For the purpose of this division, 20 micropascals shall be the standard reference pressure.
Division. The noise pollution abatement division of the Ocean City, Maryland, Police Department.
Emergency. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action. Beach erosion control activities, including moving sand equipment operations, shall always be construed as emergencies.
Nighttime hours. 10:00 p.m. of one day through 7:00 a.m. of the next day.
Noise. The intensity, frequency, duration and character of sound, including sound and vibration of subaudible frequencies.
Noise pollution. The presence of noise of sufficient loudness and character, from a single source or from multiple sources, which is, or may be predicted with reasonable certainty to be, injurious to health or which unreasonably interferes with the proper enjoyment of property or with any lawful business or activity. Noise/sound pressure levels exceeding those permitted in any district constitute "noise pollution."
Person. Any individual, group of individuals, lessee, lessor, guest, licensee, firm, partnership, voluntary association or private or public corporation (but not the Mayor and City Council of Ocean City) responsible for the use of property.
Sound level. In decibels, the weighted sound pressure level measured by the use of a sound level meter satisfying the requirements of ANSI SI.4, 1971, Specifications for Sound Level Meters. "Sound level" and "noise level" are synonymous.
Sound level meter. An instrument meeting ANSI SI.4, 1971, Specifications for Sound Level Meters, comprising a microphone, an amplifier, an output meter and frequency weighting network or networks, that is used for the measurement of sound pressure levels in a specified manner.
Sound pressure. Minute fluctuations in atmospheric pressure which accompany the passage of a sound wave.
Sound pressure level. In decibels, 20 times the logarithm to the base 10 of the ratio of a sound pressure to the reference sound pressure of 20 micropascals (20 micronewtons per square meter). In the absence of any modifier, the level is to be that of a root-mean-square pressure.
Source. Any person or property, real or personal, contributing to noise pollution.
Zoning district. The land use category defined according to chapter 110, Zoning, of the Code of Ocean City, Maryland, and as indicated on the zoning district map of Ocean City, Maryland.
(Code 1972, § 67-18)
Sec. 30-362. Policy.
It is hereby declared to be the policy of the Mayor and City Council of Ocean City, Maryland, to prohibit and prevent noise pollution, as herein defined, for the purpose of securing and promoting public health, comfort, convenience, safety, welfare, peace and quiet in residentially zoned districts.
(Code 1972, § 67-17)
Sec. 30-363. Effective date.
This division shall take effect as of the date of its final passage.
(Code 1972, § 67-25)
Sec. 30-364. Severability.
If any phrase, sentence, paragraph, subsection or section or any part of a section or of this division is held invalid by a court of competent jurisdiction, this holding shall not affect the remainder of this division or the context in which such section or part of a section so held invalid appears, except to the extent that an entire section or part of a section may be inseparably connected in meaning and effect with the section or part of a section to which such holding shall directly apply. It is expressly hereby stated by the Mayor and City Council of Ocean City, Maryland, that it is the desire and intention of this body that all portions of this division be severable from every other portion.
(Code 1972, § 67-24)
Sec. 30-365. Civil relief procedures.
(a) Injunction. In addition to the criminal penalties herein described, if any person willfully violates any provision of this division and/or commits noise pollution and/or causes or allows noise in prohibited levels to emanate from source property under his ownership or control, the Mayor and City Council of Ocean City, Maryland, may institute an action for injunctive relief against such person to prohibit or prevent such violations.
(b) Licensing restraints on business and other type property.
(1) The owner of any property which is the source of noise pollution resulting in a conviction under this division shall be notified of each such conviction. In the event of three or more convictions of noise pollution in one year, the source of which is the same property, the Mayor and City Council shall notify said owner of said property, as shown on the tax rolls of Ocean City, of said fact and shall notify said owner of a hearing, which shall occur at least 30 days after such notification, on the question of whether or not a business license or licenses will be issued for the subsequent year for said property. Such hearing shall be advertised for at least two consecutive weeks prior to said hearing in at least one newspaper published in Ocean City. At such hearing, the owner of the premises, tenants or proposed tenants thereof, neighbors, division officers, residents, property owners and any other members of the general public shall be given an opportunity to be heard.
(2) The Mayor and City Council shall determine, on the basis of the evidence and testimony presented before it, whether or not said owner took serious and effective steps to control the noise emanating from the premises and whether or not, at the time of the hearing, said steps are still being taken or proposed for the forthcoming year. In the event the Mayor and City Council determines that the owner did take serious and effective steps to control said noise, then it shall order a business license to be issued for the subsequent license year. If the Mayor and City Council determines, on the basis of the evidence and testimony before it, that effective and serious steps for the control of said noise pollution are proposed and will be implemented throughout the forthcoming year, then it shall order a business license to be issued for said subsequent license year. However, if the Mayor and City Council determines that the owner did not take serious and effective steps to control noise pollution in the license year of said convictions and further determines that no serious or effective steps for noise pollution control are proposed for the subsequent license year or that said steps will not be implemented throughout said subsequent license year, then, and in that event, the Mayor and City Council shall order that no business license be issued for the licensed premises for a period of the next one license year.
(c) Appeals. In the event that the Mayor and City Council orders that no business license be issued for a license year, the owner shall have the right to appeal within 30 days of the decision of the Mayor and City Council of Ocean City to the circuit court for Worcester County, Maryland. The owner and the Mayor and City Council of Ocean City shall have a further right of appeal from the decision of that court to the court of appeals.
(Code 1972, § 67-23)
Sec. 30-366. Measurement of noise levels.
(a) The measurement of noise levels shall be conducted at points on the property line of the source if the source is in a residential zoning district, or farther away, or on the boundary of a zoning district if the source emanates from property in a nonresidential zoning district, or farther away, or may be made on the premises of any property in a residentially zoned district reached by the sound waves from the noise emanating from the source.
(b) Measurement equipment shall be sound level meters complying with ANSI SI.4, 1971, Specifications for Sound Level Meters, of at least type 2 quality and sensitivity, comprising a microphone, amplifier, output meter and frequency weighting network(s).
(c) Measurement equipment operators shall be members of the division herein described who have been properly trained in the operation of sound level meters.
(Code 1972, § 67-20)
Sec. 30-367. Maximum noise levels in residential districts.
The following sound/noise levels represent the maximum permissible levels in residential zoning districts. Levels exceeding said permissible levels are prohibited.
(1) Noise prohibitions.
a. The creation or allowance of such creation within residential zoning districts R-1, R-2, R-2A, R-3, R-3A, MH and planned overlay districts of noise/sound levels in excess of 65 dB(A) during the daytime hours and 55 dB(A) during the nighttime hours is hereby prohibited.
b. In situations where noise levels are measured at an interface or boundary line between a residential district and a nonresidential zoning district or where noise levels measured in a residential zoning district emanate from a source in another zoning district, the applicable permissible noise level at the point of measurement shall be the noise level permitted in the residential zoning district.
c. It is prohibited for any person to cause, permit or allow any noise emanated by him or from property owned by him in any nonresidential zoning district to reach any residential zoning district at noise levels exceeding those as set forth in subsection (1)a above.
(2) Exemptions.
a. The provisions of this section shall not apply to devices used solely for the purpose of warning, protecting or alerting the public, or some segment thereof, of the existence of an emergency situation.
b. The provisions of this section shall not apply to the operation of municipally owned and/or operated equipment used in the cleaning or preservation of beach areas.
c. The provisions of this section shall not apply to the following:
1. Household tools and portable appliances in normal usage.
2. Lawn care equipment in normal daytime usage if used and maintained in accordance with the manufacturer's specifications.
3. Motor vehicles on public roads, but this subsection shall not be construed to interfere with any other regulations of said motor vehicles under other Ocean City, state or federal law or regulations.
4. Aircraft.
5. Boats.
6. Operations by, or sanctioned by, the proper authorities (Ocean City, state or federal) for the protection of persons or property where imminent physical trauma or property damage demands immediate action.
7. Emergency utility operation.
8. Operations by Ocean City departments.
9. Nonamplified sound emanating from duly licensed and/or authorized athletic contests, parades and municipally sponsored public celebrations.
10. Amusement parks and amusement arcades existing on the date of the enactment of this division are exempted, except from 11:59 p.m. of one day until 10:00 a.m. the following day. This division shall apply to amusement parks and amusement arcades between 11:59 p.m. of one day and 10:00 a.m. of the next day.
11. Mechanical and construction noise as the same is regulated under division 4 of this article.
12. Any activity causing noise if a variance for such activity and the noise resulting therefrom has been obtained from the environmental health administration of the Maryland department of health and mental hygiene or is being processed pursuant to the rules and regulations of that department. This exemption shall apply only to the extent of any such variance so granted or being processed.
(Code 1972, § 67-19)
Secs. 30-368--30-380. Reserved.
DIVISION 7.
RESIDENCES PROVIDING SHELTER TO TRANSIENT OR TEMPORARY POPULATION
Subdivision I.
In General
Sec. 30-381. Legislative findings.
(a) Acting pursuant to the powers granted in article XI-E of the Constitution of Maryland, Ann. Code of Md. art. 23A, § 2, and sections C-414 and C-1403 of the Charter (1972 edition, as amended), the Mayor and City Council of Ocean City (Ocean City) has determined to regulate and control excessive noise within the corporate limits of Ocean City by establishing a permit procedure to ensure that owners of real property situated within the corporate limits of Ocean City and used to provide temporary shelter to Ocean City's transient and temporary population exercise due diligence in controlling noise on or emanating from their property and, in support thereof, adopts by reference the legislative findings and declarations of the general assembly of Maryland as set forth in Ann. Code of Md., Environment article, § 3-102, and makes additional legislative findings as follows:
(1) The health, comfort and well-being of the citizens of Ocean City have been severely and adversely affected for a substantial period of time by excessive noise within the corporate limits of Ocean City.
(2) The primary cause of this excessive noise is the transient population and temporary residents of Ocean City.
(3) Each owner of real property situated within the corporate limits of Ocean City and used to provide shelter on a temporary basis to this transient and temporary population has the obligation to control noise on or emanating from that property so that the community will not be injured by the use of that property.
(4) Any owner who is unwilling or unable to meet this obligation to control noise on or emanating from his property will hereafter not be permitted to use that property to provide shelter on a temporary basis to the transient and temporary population.
(b) It is hereby declared that the provisions of this division constitute a reasonable, necessary and lawful means of eliminating the public nuisance described in subsection (a) of this section.
(Code 1972, § 67-26)
Sec. 30-382. Violations punishable as misdemeanor.
Any violation of section 30-386 of this division shall be punishable as a misdemeanor.
(Code 1972, § 67-35)
Sec. 30-383. Violations punishable as municipal infraction.
It shall be a municipal infraction for the owner of any property for which there must be a permit pursuant to section 30-401 of this division to fail to exercise due diligence, within the meaning of section 30-403, in controlling noise on or emanating from his property, which infraction shall be punishable by a fine not exceeding $400.00. If the board adjudges that the owner of any such property has failed to exercise due diligence, the board may, in addition to any actions it may take under section 30-403, serve, in any manner permitted by the Maryland rules for service of original process, a citation to the owner, citing the facts supporting the board's conclusion. The board shall retain a copy of the citation, which shall contain: the certification of the chairman of the board, attesting to the truth of the matters set forth in the citation; the name and address of the person charged; the nature of the infraction; the location and time(s) of the event(s) that constituted the infraction; the amount of the infraction fine assessed; the manner, location and time in which the fine may be paid to Ocean City; the person's right to elect to stand trial for the infraction; and the effect of failing to pay the assessed fine or demand a trial within the prescribed time. The fine adjudged by the board is payable by the recipient of the citation of Ocean City within 20 calendar days of receipt of the citation. A person receiving the citation may elect to stand trial for the offense by notifying Ocean City of his intention of standing trial. The notice shall be given at least five days prior to the date of payment of as set forth in the citation. Upon receipt of the notice of the intention to stand trial, Ocean City shall forward to the district court having venue a copy of the citation and the notice from the person who received the citation indicating his intention to stand trial. Upon receipt of the citation, the district court shall schedule the case for trial and notify the defendant of the trial date. All fines, penalties or forfeitures collected by the district court for violations of municipal infractions shall be remitted to the Ocean City government.
(Code 1972, § 67-30.1)
State Law References: Penalties for ordinance violations, Ann. Code of Md. art. 23A, § 3.
Sec. 30-384. Applicability.
The provisions of this division shall apply to any person who owns either a fee simple interest or a leasehold interest redeemable pursuant to the provisions of Ann. Code of Md., Real Property article, § 8-110, in real property situated within the corporate limits of Ocean City, provided that such real property is used for the purpose of providing shelter on a temporary basis. Without in any manner limiting the generality of the foregoing, the provisions of this division shall apply to any person who owns such a fee simple or leasehold interest (herein referred to as the "owner") in any hotel, motel, motor hotel, apartment house, roominghouse, boardinghouse or like facility to the extent that such facility is used to provide shelter on a temporary basis. For purposes of this division, "person" shall include any individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest or any other legal or commercial entity, and "real property" shall be deemed to be used for the purpose of providing shelter on a temporary basis if there exists with respect to such property any lease, contract, agreement or understanding, written or oral, that gives an individual or group of individuals the right or privilege to occupy the property, for any period between May 1 and September 30 of any given year, for the purpose of using the property as a temporary residence, dwelling, refuge or shelter, but not the entire period from May 1 to September 30 of the following year.
(Code 1972, § 67-27)
Sec. 30-385. Maximum noise levels; responsibilities of property owner; procedure upon determination of excessive noise level.
(a) The maximum allowable noise levels established by regulation of the department of health and mental hygiene of the State of Maryland (the department) as set forth in COMAR 10.20.01 are hereby adopted as the noise limitations applicable for purposes of this division. Each person to whom this division applies shall exercise due diligence to ensure that these noise levels are not exceeded with respect to any property in which the person owns a fee simple interest or a leasehold interest as described in section 30-384 of this division.
(b) Wherever it is determined by an official of Ocean City certified by the board to make such determinations that noise on or emanating from any real property situated within the corporate limits of Ocean City exceeds the limitations established in subsection (a) of this section and that such property is subject to the permit requirement established by section 30-401 of this division, the owner or his resident agent (by personal service or by filing in the office of the City Clerk and certified mailing, as the case may be) shall be notified as soon as may be practical, and a report shall be filed with the board indicating the noise level measured, the date and time of measurement and the names and addresses, if ascertainable, of those present on the property at the time the noise level was measured and determined to be excessive; certifying that the owner or his resident agent was notified, together with the date and time of notification; and describing the action, if any, taken by the owner or resident agent to control the noise. Such report shall be signed by the official who made the determination that the applicable noise limitations had been exceeded, maintained as part of the permanent records of the board and made available during regular business hours for public inspection. A copy of such report shall be delivered or sent by certified mail to the owner or his resident agent, and the owner shall have the right to file, within 30 days, a written response to the board, which response shall be maintained as the permanent records of the board. Any determination under this subsection that the noise limitations established by subsection (a) of this section have been exceeded shall be based exclusively on measurements made by an official, employee or agent of Ocean City in accordance with the procedures established by the department in COMAR 10.20.01.
(Code 1972, § 67-33)
Sec. 30-386. Notification to owners and tenants of noise level standards.
Notice of the provisions of this division shall be given in the following manner:
(1) Commencing May 4, 1982, all real estate sales contracts applying to property situated within the corporate limits of Ocean City shall contain the following provision: "All persons who own property in Ocean City, if such property is used to provide houses, apartments or rooms to tenants or guests for periods of one year or less, must obtain a permit from the Noise Control Board. Failure to take prompt action to control excessive noise caused by tenants or guests may result in permit denial."
(2) Commencing April 1, 2008, all written leases, contracts, and agreements that give individuals or groups of individuals the right or privilege to occupy real property for a period of one year or less for the purpose of using such property as a temporary residence, dwelling, refuge or shelter shall contain the following provisions: "Ocean City has adopted a noise control ordinance that makes it unlawful to cause or permit noise levels which exceed those established by the department of health and mental hygiene of the State of Maryland (COMAR 10.20.01) or other noise ordinances set forth in this chapter. It shall be a violation of this agreement and grounds for eviction under Maryland law if these noise levels are exceeded as a result of activity on this property. Ocean City has other noise ordinances, which are criminal offenses if violated."
(3) Commencing April 1, 2008, all hotels, motels, motor hotels and other facilities that let room by the day shall advise their guests in writing prior to registration that:
a. Ocean City has adopted a noise control ordinance that makes it unlawful to cause or permit noise levels which exceed those established by the department of health and mental hygiene of the State of Maryland (COMAR 10.20.01), or other noise ordinances set forth in this chapter.
b. Any guest causing or permitting these noise levels to be exceeded shall be subject to immediate removal or eviction, pursuant to Maryland law.
(4) Commencing April 1, 2008, all real estate agents shall advise prospective lessees of short term rental property in writing that Ocean City has adopted a noise control ordinance that makes it unlawful to cause or permit noise levels which exceed those established by the department of health and mental hygiene of the State of Maryland (COMAR 10.20.01) or other noise ordinances set forth in this chapter, and that it shall be a violation of this agreement and grounds for eviction under Maryland law if these noise levels are exceeded as a result of activity on this property; and further, that Ocean City has other noise ordinances, which are criminal offenses if violated.
(Code 1972, § 67-34; Ord. No. 2008-5, 3-3-2008)
Secs. 30-387--30-400. Reserved.
Subdivision II.
Permit
Sec. 30-401. Required.
No real property situated within the corporate limits of Ocean City shall be used to provide shelter on a temporary basis unless a permit for such use shall have been issued by the Noise Control Board (the board). The City Solicitor is hereby authorized and directed to institute civil proceedings in the circuit court for Worcester County or to request the commencement of any other criminal or civil remedies provided hereunder against any person to whom this division applies for the purpose of enforcing the provisions of this section. In addition thereto, any person required to obtain the aforesaid permit who does not obtain same shall not be entitled to obtain a business or occupation license under chapter 14, article II of this Code.
(Code 1972, § 67-28)
Sec. 30-402. Required information; issuance.
(a) On or before May 1 for residential rentals or on or before June 1 for business rentals, of each year, there shall be filed with the board with respect to any real property situated within the corporate limits of Ocean City and used for the purpose of providing shelter on a temporary basis the following information, together with a fee established by the Mayor and City Council to cover administrative costs:
(1) Name, permanent address and telephone number of the owner or owners.
(2) Location and general description of the property.
(3) Name, address and telephone number of a resident agent, who must reside within the corporate limits of Ocean City (if there is no owner who maintains a permanent residence in Ocean City). If a resident agent is required but is not provided, any notices provided for hereunder shall be filed in the office of the City Clerk of Ocean City, with a copy thereof mailed (certified mail, return receipt) to the last known address of the property owner.
(b) On or before May 1 for residential rentals or on or before June 1 for business rentals, the board shall issue a permit authorizing any property with respect to which the information required by subsection (a) of this section shall have been timely submitted to be used for the purpose of providing shelter on a temporary basis.
(Code 1972, § 67-29; Ord. No. 2002-5, 4-1-2002)
Sec. 30-403. Term; renewal; grounds for denial or nonrenewal.
(a) A permit issued pursuant to section 30-402 of this division shall be valid until April 30 for residential rentals or May 31 for business rentals of the succeeding year and, upon receipt of the fee established by the Mayor and City Council to cover administrative costs, shall be renewed for successive one-year periods if the following conditions are met to the satisfaction of the board:
(1) The information specified in section 30-402 shall have been revised as necessary and kept current.
(2) The board shall have determined that the owner of the property with respect to which the permit is issued has exercised due diligence during the preceding year in controlling the noise on or emanating from the property.
(b) If, during the preceding year, the owner of any property for which there must be a permit pursuant to section 30-401 of this division has received two or more notices of violations of the noise limitations set forth in section 30-385 of this division and has failed to take prompt action to control the noise on or emanating from the property following receipt of actual notices of any such violation (including, without limitation, evicting or removing violators), or has allowed the property to be occupied by an individual or group of individuals known to the owner from past experience to have violated the noise limitations set forth in section 30-385 of this division, or has willfully or negligently violated any term or condition of a plan for compliance approved by the board pursuant to section 30-404 of this division, the board may conclude that due diligence has not been exercised. If the board has reason to believe that the owner has failed to exercise due diligence in controlling noise on or emanating from the property, the board shall notify the owner in writing and shall provide him with the opportunity to appear before the board to show cause why the board should not refuse to renew the permit. Notifications of hearings shall be mailed to the resident agent or the property owner, at his last known address, on or before February 1, and any hearings conducted thereon shall be held on or before April 1. Following an administrative hearing conducted in accordance with applicable provisions of the State Administrative Procedure Act, Ann. Code of Md., State Government article, tit. 10, subtits. 1--4 (Ann. Code of Md., State Government article, § 10-101 et seq.), the board may either refuse to renew the permit or renew the permit with such conditions as the board deems reasonable and necessary to effect the purposes of this division.
(Code 1972, § 67-30; Ord. No. 1996-10, 5-20-1996; Ord. No. 2002-5, 4-1-2002)
Sec. 30-404. Submission of plan for compliance; violation of plan for compliance.
(a) Any person to whom this division applies may at any time apply for and shall be granted a permit in accordance with section 30-402 of this division; provided, however, that if the person so applying has been refused a permit by the board within the preceding 12 months for failure to exercise due diligence in controlling noise on or emanating from any property in which the person at the time of refusal owned a fee simple interest or a leasehold interest as described in section 30-384 of this division, the board shall not grant a permit pursuant to section 30-402 of this division until such time as the person applying for the permit has submitted and the board has approved a plan for compliance to ensure that due diligence in controlling noise on or emanating from the property for which the permit is to be granted will be exercised as required by section 30-385(a) of this division. The board may also require that a plan for compliance be submitted and approved as a precondition to its granting a permit pursuant to section 30-402 of this division if, with respect to the property for which the permit is to be granted, the board has refused a permit within the preceding 12 months because due diligence in controlling noise on or emanating from the property has not been exercised as required by section 30-385(a) of this division. Any plan for compliance submitted to the board under the provisions of this subsection shall be approved or disapproved by the board within 30 days following the date of submission. Any person whose plan for compliance is disapproved by the board may request within 30 days and, upon request, shall be granted within 30 days of the date of request an administrative hearing conducted in accordance with the applicable provisions of the State Administrative Procedure Act, Ann. Code of Md., State Government article, tit. 10, subtits. 1--4 (Ann. Code of Md., State Government article, § 10-101 et seq.).
(b) Notwithstanding any other provision of this division, the board may decline to grant a permit to any person who has willfully or negligently violated any term or condition of a plan for compliance approved by the board or to any successor, assignee or principal shareholder of or to any business entity related to a person who has willfully or negligently violated any term or condition of a plan of compliance approved by the board.
(Code 1972, § 67-31)
Sec. 30-405. Appeals; issuance of temporary permit.
Any person aggrieved by a decision of the board may appeal that decision in accordance with section C-1403.D of the Charter. If an appeal is taken from a refusal to grant or to renew a permit, the board shall grant a temporary permit to use the subject property to provide shelter on a temporary basis until such time as a final decision is rendered with respect to that appeal.
(Code 1972, § 67-32)
Secs. 30-406--30-500. Reserved.
ARTICLE VI.
NATURAL RESOURCES*
* Cross References: Buildings and building regulations, ch. 10; floods, ch. 38; solid waste, ch. 70; streets, sidewalks and other public places, ch. 74; subdivisions, ch. 78; utilities, ch. 94; vegetation, ch. 98; waterways, ch. 106; zoning, ch. 110.
DIVISION 1.
GENERALLY
Secs. 30-501--30-530. Reserved.
DIVISION 2.
OIL AND PETROLEUM PRODUCTS*
* State Law References: Gas and oil, Ann. Code of Md., Environment article, § 14-101 et seq.
Sec. 30-531. Violations.
Any person, persons, group of persons or corporation and the officers thereof who or which shall commit, cause the commission of or allow the commission of any of the acts herein declared to be prohibited shall, upon conviction thereof, be deemed guilty of a misdemeanor. The commission of prohibited acts by a corporation shall be construed, insofar as is legally permissible, as the commission of such prohibited acts by any and all officers of said corporation.
(Code 1972, § 69-9)
Sec. 30-532. Declaration of nuisance.
The occurrence of any of the acts prohibited in this article does, in addition to constituting a misdemeanor, as herein described, constitute a public nuisance.
(Code 1972, § 69-8)
Sec. 30-533. On-shore or off-shore drilling prohibited.
On-shore or off-shore oil drilling or other exploration for oil within the corporate limits of Ocean City is prohibited.
(Code 1972, § 69-1)
Sec. 30-534. Refining or processing prohibited.
The refining or other processing of oil or oil products within the corporate limits of Ocean City is prohibited.
(Code 1972, § 69-2)
Sec. 30-535. Marine docking facilities.
The construction, maintenance or operation of marine docking facilities for the off-loading of oil and the utilization of any marine docking facilities within the corporate limits of Ocean City in support of any oil drilling, refining or transmission operation located or situated anywhere is prohibited.
(Code 1972, § 69-3)
Sec. 30-536. Pipelines.
Pipelines for the transmission of oil or oil products within the corporate limits of Ocean City are prohibited.
(Code 1972, § 69-4)
Sec. 30-537. Deposit of oil on beaches.
It shall be prohibited to in any way deposit or discharge, intentionally or unintentionally, or allow or cause to be allowed, the deposit of oil or oil products into the waters of or on the beaches, marshes or other shorelines of Ocean City. The drifting of uncontainerized oil or oil products into Ocean City shall be construed as a prohibited deposit or discharge, and the person or persons or corporate officers of corporations who cause or allow such deposit or discharges shall be construed to have personally caused or allowed, through their negligence, the commission of the acts prohibited within this section.
(Code 1972, § 69-5)
Sec. 30-538. Dispensing of oil and petroleum products to marine vessels.
It shall be prohibited to off-load or dispense gasoline, diesel fuel or other oil and petroleum products from a tanker, truck or other motor vehicle or marine vessel to a boat, ship or other marine vessel of any sort from the waters or from public streets over public bulkheads in the corporate limits of Ocean City without permission having been first obtained from the Mayor and City Council. All permitted off-loading procedures will comply with NFPA Standards 30 and 385. Nothing herein is to be construed as preventing the dispensing of said oil or petroleum products to marine vessels from stationary fuel pumps with approved permanent storage facilities at marinas.
(Code 1972, § 69-6)
Sec. 30-539. Responsibility for negligent acts.
The appearance of uncontainerized oil or oil products upon, on or within the waters, beaches, marshes or other shorelines within the corporate limits of Ocean City shall, in addition to being prohibited, be considered a negligent act caused by the person, persons or the officers of the corporation who allowed such oil or oil product to become uncontainerized and allowed it to so enter the corporate limits of Ocean City. The negligence of the corporation shall, so far as is legally permissible, be imputed to its officers.
(Code 1972, § 69-7)
Secs. 30-540--30-550. Reserved.
ARTICLE VII.
ATLANTIC COASTAL BAYS CRITICAL AREA PROGRAM
Sec. 30-551. Intent; purpose; findings; severability.
(a) Intent. In 2002 the Maryland General Assembly passed the Atlantic Coastal Bays Protection Act for the purpose of preserving, protecting, and improving the water quality and natural habitats of the Atlantic Coastal Bays and their tributaries. The Legislature has determined that the Atlantic Coastal Bays require especially sensitive consideration with regard to development. It is the intent of the Mayor and City Council of Ocean City to establish a local program to implement the requirements of the act.
(b) Findings. The Mayor and City Council find and declare that:
(1) The Atlantic Coastal Bays and their tributaries are natural resources of great significance to the county;
(2) The shoreline and adjacent lands constitute a valuable, fragile, and sensitive part of this estuarine system, where human activity can have a particularly immediate and adverse impact on water quality and natural habitats;
(3) The capacity of these shoreline and adjacent lands to withstand continuing demands without further degradation to water quality and natural habitats is limited;
(4) Studies have documented that the quality and productivity of the waters of the Atlantic Coastal Bays and their tributaries have declined due to the cumulative effects of human activity that have caused increased levels of pollutants, nutrients, and toxins in the bay systems and declines in more protective land uses such as forestland and agricultural land in the watershed;
(5) Those portions of the Atlantic Coastal Bays and their tributaries within Maryland are particularly stressed by the continuing population growth and development activity concentrated in the Ocean City, West Ocean City, Ocean Pines, St. Martins Neck, South Point, and Maryland Route 611 corridor areas;
(6) The quality of life for the citizens of Ocean City would be enhanced through the restoration of the quality and productivity of the water of the Atlantic Coastal Bays;
(7) The preservation of the Atlantic Coastal Bays is dependent, in part, on minimizing further adverse impacts to the water quality and natural habitats of the shoreline and adjacent lands;
(8) The cumulative impact of current development practices is inimical to these purposes;
(9) It is in the town's interest for the benefit of current and future generations to foster more sensitive development activity in a consistent and uniform manner along shoreline areas of the Atlantic Coastal Bays so as to minimize damage to water quality and natural habitats.
(c) Purpose. The purpose of the Ocean City Atlantic Coastal Bays Critical Area Program is to:
(1) Minimize adverse impacts on water quality that result from pollutants that are discharged from structures or runoff from surrounding lands;
(2) Conserve fish, wildlife, and plant habitat; and
(3) Establish land use policies for development in the Atlantic Coastal Bays Critical Area which accommodate growth as well as address the environmental impacts that the number, movement, and activities of people may have on the area.
(d) Citing. This subtitle may be cited as the "Ocean City Atlantic Coastal Bays Critical Area Program."
(e) Territory affected. Within the Town of Ocean City, the Atlantic Coastal Bays Critical Area shall mean all lands and waters defined in Section 8-1807 of the Natural Resources Article, Annotated Code of Maryland, as from time to time amended. They include:
(1) All waters of and lands under the Atlantic Coastal Bays and their tributaries to the head of tide as indicated on the State Wetlands Maps and all state and private wetlands designated under Title 16 of the Environment Article, Annotated Code of Maryland, as from time to time amended, and all land and water areas within one thousand feet beyond the landward boundaries of state or private wetlands and the heads of tides designated under title 16 of the Environment Article, Annotated Code of Maryland, as from time to time amended. The boundaries of the Atlantic Coastal Bays Critical Area and the limits of each of the land classification designations will be as shown on maps adopted by resolution of the Mayor and City Council after a duly advertised public hearing and approved by the critical area commission.
(f) Applicability.
(1) From the effective date of a program approved or adopted by the Commission, a project approval that involves land located in the Atlantic Coastal Bays Critical Area may not be granted unless the project approval is consistent and complies with this program.
(2) Except as provided herein, the requirements of this subtitle shall not apply to the initial development of the undeveloped property in Ocean City, known locally as "Holland's Island," in accordance with the final site plan approval, as amended, received on March 27, 2002.
(g) Underlying zoning. This subtitle is supplemental and is applicable in addition to underlying zoning and land use provisions of this Code and other applicable land use laws and regulations. Where such provisions are in conflict with the provisions of this subtitle, the stricter provisions shall prevail, provided, however, that the minimum requirements of this subtitle must always be met even when a stricter standard is applicable.
(h) Severability. Should any section or provision of this Subtitle be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Subtitle as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. No. 2003-18, § I, 8-4-2003)
Sec. 30-552. Definitions.
(a) Applicability. The following words have the following meanings for the purposes of implementing the Atlantic Coastal Bays Critical Area Law but shall not be applicable to other portions of the Code of Ocean City, Maryland:
Afforestation. 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, which are not presently in forest cover.
Areas with species in need of conservation. Those areas where these species, as designated by the Secretary of the Department of Natural Resources, are found or have historically been found and their surrounding habitats.
Areas of threatened and endangered species. Those areas where these species, as designated by the Secretary of the Department of Natural Resources, are found or have historically been found and their surrounding habitats.
Atlantic Coastal Bays. Means and includes the Assawoman Bay, Isle of Wight Bay, Sinepuxent Bay, Newport Bay, Chincoteague Bay, associated smaller bays forming parts thereof and other bodies of water between Assateague Island and Ocean City on the east and the mainland on the west and including their tidal tributaries.
Atlantic Coastal Bays Critical Area. All waters of and lands under the Atlantic Coastal Bays and their tributaries to the head of tide as indicated on the State Wetlands Maps and all state and private wetlands designated under Title 16 of the Environment Article, Annotated Code of Maryland, as from time to time amended, and including all land and water areas within 1,000 feet beyond the landward boundaries of state or private wetlands and the heads of tides designated under Title 16 of the Environment Article, Annotated Code of Maryland, as from time to time amended.
Best management practices (BMPs). Conservation practices or systems of practices and management measures that control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxins and sediment.
Buffer. An existing, naturally vegetated area or an area established in native vegetation and managed to protect aquatic, wetland, shoreline and terrestrial environments from manmade disturbances.
Buffer management area. An area within the buffer designated by the Mayor and City Council and approved by the critical area commission which, due to its existing pattern of development, is prevented from fulfilling its intended functions for water quality and habitat protection as set forth in COMAR 27.01.09.
Cluster development. A residential development in which dwelling units are concentrated in a selected area or selected areas of the development tract so as to provide natural habitat or other open space uses on the remainder.
Colonial nesting water birds. Herons, egrets, terms, glossy ibis and other such birds that for the purpose of nesting congregate (that is, "colonize") in a limited number of areas, which can be susceptible to local disturbances.
COMAR. The Code of Maryland Regulations.
Commission. The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays.
Community pier. A boat docking facility associated with a subdivision or similar residential area, or with condominiums, apartment, or other multiple family dwelling units. Individual private piers are excluded from this definition.
Department. The department designated or created by the Mayor and City Council as responsible for a task.
Developed woodlands. Those areas of one acre or more in size which predominantly contain trees and natural vegetation and which also include residential, commercial, or industrial structures and uses.
Development activities. The construction or substantial alteration of residential, commercial, industrial, agricultural, institutional or transportation facilities or structures.
Endangered species. Any species of fish, wildlife, or plants which have been designated as such by regulation by the Secretary of the Department of Natural Resources. Designation occurs when the continued existence of these species as viable components of the state's resources are determined to be in jeopardy. This includes any species determined to be an "endangered" species pursuant to the Federal Endangered Species Act, 16 USC 1531 et seq., as from time to time amended.
Excess stormwater run-off. All increases in stormwater resulting from:
(1) An increase in the imperviousness of the site, including all additions to buildings, roads, driveways, and parking lots;
(2) Changes in permeability caused by compaction during construction or modifications in contours, including the filling or drainage of small depression areas;
(3) Alteration of drainage ways or regarding of slopes;
(4) Destruction of forest or developed woodlands; or
(5) Installation of collection systems to intercept street flows or to replace swales or other drainage ways.
Fisheries activities. 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 product storage facilities, crab shedding, off-loading docks, shellfish culture operations, and shore-based facilities necessary for aquacultural operations but not including wholesale and retail sales.
Forest. A biological community dominated by trees and other woody plants covering a land area of one acre or more. This also includes forests that have been cut, but not cleared.
Habitat protection area. Those areas, including buffers; nontidal wetlands; habitats of threatened or endangered species or species in need of conservation; colonial water bird nesting sites; historical waterfowl staging and concentration areas; Natural Heritage Areas; other areas, which may, in the future, be identified by federal, state or local agencies as important plant and wildlife areas; and anadromous fish propogation waters that are identified in COMAR 27.01.09 that require protection within the critical area.
Highly erodible soils. Those soils with a slope greater than 15 percent or those soils with a K value greater than 0.35 and with slopes greater than five percent.
Historic waterfowl staging and concentration area. An area of open water and adjacent marshes where waterfowl gather during migration and throughout the winter season. These areas are historic in the sense that their location is common knowledge and because these areas have been used regularly during recent times.
Hydric soils. Soils that are wet frequently enough to periodically produce anaerobic conditions, thereby influencing the species composition or growth, or both, of plants on or in those soils.
Includes. Includes or including by way of illustration and not by way of limitation.
Land clearing. Any activity that removes the vegetative ground cover.
Marina. Any facility for the mooring, berthing, storing, or securing of watercraft, but not including community piers, piers serving single-family dwellings and other non-commercial boat docking and storage facilities.
Mean high water line (MHWL). The average level of high tides at a given location.
Mitigation. Creation, restoration or enhancement of forest or other plant communities that were or will be lost due to regulated activities.
Natural features. 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, flood plains, aquatic life, and wildlife.
Natural heritage area. Any communities of plants or animals which are considered to be among the best statewide examples of their kind.
Natural vegetation. Those plant communities that develop in the absence of human activities.
Nontidal wetlands. An area that is inundated or saturated by surface water or groundwater at a frequency or duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. The determination of whether an area is a nontidal wetland shall be made in accordance with the publication known as the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands," published in 1989, as may be amended. Nontidal wetlands do not include tidal wetlands regulated under Title 16 of the Environmental Article of the Annotated Code of Maryland.
Offsets. Structures or actions that compensate for undesirable impacts.
Pier. Any pier, wharf, dock, walkway, bulkhead, breakwater, piling or other similar structure. "Pier" does not include any structure on pilings or stilts that was originally constructed beyond the landward boundaries of state or private wetlands.
Plant habitat. A community of plants commonly identifiable by the composition of its vegetation and its physiographic characteristics.
Port. A facility or area established or designated by the state or local jurisdiction for purposes of waterborne commerce.
Program. The Atlantic Coastal Bays Critical Area Protection Program of Ocean City, including all laws, resolutions, maps and plans necessary for the implementation, application, and enforcement of this subtitle.
Project approval. The approval of development, other than development by the state or local government, in the Atlantic Coastal Bays Critical Area by the appropriate local approval authority. The term includes approval of subdivision plats and site plans; inclusion of areas within floating zones; issuance of variances, special exceptions, conditional uses; the term does not include the issuing of a building permit.
Public water-oriented recreation. Shore-dependent recreation facilities or activities provided by public agencies which are available to the general public.
Redevelopment. The process of developing land, which is or has been developed.
Shoreline erosion protection works. Those structures or measures constructed or installed to prevent or minimize erosion of the shoreline in the Atlantic Coastal Bays Critical Area.
Significantly eroding areas. Areas that erode two feet or more per year.
Species in need of conservation. Those fish and wildlife species whose continued existence as part of the state's resources are in question and which may be designated by regulation by the Secretary of Natural Resources as in need of conservation pursuant to the requirements of Natural Resources Articles, §§ 10-2A-903 and 4-2a-03, Annotated Code of Maryland, as from time to time amended.
Threatened species. Any species of fish, wildlife, or plants designated as such by regulation by the Secretary of the Department of Natural Resources which appear likely, within the foreseeable future, to become endangered, including any species of wildlife or plant determined to be a "threatened" species pursuant to the Federal Endangered Species Act, 16 USC § 1531 et seq., as from time to time amended.
Topography. The existing configuration of the earth's surface including the relative relief, elevation, and position of land features.
Water-dependent facilities. Those structures or works associated with industrial, maritime, recreational, educational or fisheries activities that require location at or near the shoreline within the buffer. An activity is water-dependent if it cannot exist outside the buffer and is dependent on the water by reason of the intrinsic nature of its operation.
Water-use industry. An industry that requires location near the shoreline because it utilizes surface waters for cooling or other internal purposes.
Waterfowl. Birds which frequent and often swim in water, nest and raise their young near water, and derive at least part of their food from aquatic plants and animals.
Watershed. The area of land that drains into a specific body of water.
Wildlife habitat. Those plant communities and physiographic features that provide food, water and cover, nesting, and foraging or feeding conditions necessary to maintain populations of animals in the Atlantic Coastal Bays Critical Area.
(Ord. No. 2003-18, § II, 8-4-2003)
Sec. 30-553. Intensely developed areas.
(a) Description. Intensely developed areas (IDA) are areas within the Critical Area where residential, commercial, institutional, and/or industrial uses predominate and where relatively little natural habitat occurs or remains. All of the area within the municipal boundaries of Ocean City as of January 1, 2002, is classified as an Intensely Developed Area.
(b) General requirements. New or expanded development or redevelopment within intensely developed areas shall:
(1) Improve the quality of runoff from developed areas that enters the Atlantic Coastal Bays or its tributary streams;
(2) Accommodate additional development of the type and intensity designated by the Mayor and City Council provided that water quality is not impaired;
(3) Minimize the expansion of intensely developed areas into portions of the Atlantic Coastal Bays Critical Area designated as habitat protection areas and resource conservation areas under this program;
(4) Conserve and enhance habitat protection areas to the extent possible; and
(5) Use retrofitting measures to the extent feasible to address existing stormwater management problems.
(c) Development standards. The following criteria are hereby adopted for Intensely Developed Areas:
(1) All plans shall be assessed for their impacts on water quality and other biological resources.
(2) Best management practices shall be considered and, where appropriate, implemented as part of all plans for development or redevelopment. Development and redevelopment projects are encouraged to make use of bioretention methods.
(3) Development and redevelopment shall be subject to the Habitat Protection Area requirements prescribed in section 30-555.
(4) Stormwater shall be addressed in accordance with the following provisions:
a. The Town of Ocean City shall require, at the time of development or development, technologies as required by applicable state and local regulations to minimize adverse impacts to water quality caused by stormwater.
b. In the case of development or redevelopment, if these technologies do not reduce pollutant loadings by at least ten percent below the level of pollution on the site prior to redevelopment, then offsets as prescribed by the department shall be provided to achieve a ten percent reduction.
1. A streamlined process, developed in accordance with the ten percent guidelines for residential water quality management plans, is available for single-family residential development or redevelopment.
i. If the proposed development meets the criteria of the town's standard stormwater management plan, submission of the ten percent calculations is not required.
ii. If the proposed development cannot meet the requirements of the standard stormwater management plan, a site-specific stormwater plan will be required. If site size or conditions prevent the installation of a best management practice that addresses the ten percent pollutant removal requirement, a fee shall be paid at a rate set by the Mayor and City Council from time to time by resolution.
2. For all other development, the ten-percent calculations shall be required.
i. Best management practices that do not meet the specifications set out in the stormwater design manual shall be credited 50 percent of the assigned efficiency rating unless evidence prepared by an engineer is provided that supports an alternate efficiency rating.
ii. If stormwater management as required under article III of chapter 30 of the Ocean City Code does not satisfy the pollutant removal requirement, the balance of the removal requirement shall be addressed through one of the following:
1. An additional best management practice shall be constructed on site to address the balance of the removal requirement.
2. A fee shall be paid at a rate set by the Mayor and City Council from time to time by resolution.
3. Funds collected by the town in accordance with this section shall be held in a dedicated stormwater account until future use for the purpose of improving water quality and meeting the town's responsibilities under the Coastal Bays Conservation and Management Plan. Funds will be used for the following: Stormwater retrofits including inlet protection devices and baffle boxes; study, design and construction of settling ponds at outfalls; maintenance costs; and other projects which will improve the quality of runoff entering the Coastal Bays from the town. Use of funds will be coordinated with the Critical Areas staff on an as-needed basis and via quarterly reporting.
(5) Proposed development sites shall provide a forest or developed woodland cover as herein set forth, which may include trees, woody plants, and shrubs and any landscaping as approved by the Department in accordance with the landscaping requirements set forth in Chapter 98 of the Code of Ocean City. This requirement does not apply to development of a single lot that is part of a project that has otherwise complied with the Forest Conservation Act. The forest or developed woodland cover shall be as follows:
a. If the area of disturbance is equal to or less than 250 square feet, no planting shall be required.
b. If the area of disturbance is greater than 250 square feet and less than 50 percent of the area of the parcel, the requirement for planting shall be two times the area of disturbance up to a maximum of 15 percent of the area of the parcel.
c. If the area of disturbance is 50 percent or more of the area of the parcel, the amount of planting shall be 15 percent of the area of the entire parcel.
d. Fee in lieu of planting (afforestation). In the B-1 Boardwalk and DMX Downtown Mixed Use zoning districts, the property owner may pay a fee in lieu of planting. The fee in lieu of planting shall be established by the Mayor and City Council, but shall not be less than two dollars and forty cents per square foot. These funds shall be placed in the same separate account as the fees in lieu of mitigation or landscaping as described in 30-554(d)(8). However, the landscaping required by Chapter 98, Article II of the Ocean City Code is still required.
(6) If practicable, permeable areas shall be established in vegetation and whenever possible, redevelopment shall reduce existing levels of pollution.
(7) Areas of public access to the shoreline, such as foot paths, scenic drives and other public recreational facilities, should be maintained and, if possible, encouraged to be established within intensely developed areas.
(8) To the extent practicable, future development in the Atlantic Coastal Bays Critical Area shall use cluster development as a means to reduce impervious areas and to maximize areas of natural vegetation.
(9) When the cutting or clearing of trees in forests and developed woodland areas is associated with current or planned development activities, the following shall be required:
a. Development activities shall be designed and implemented to minimize destruction of forest and woodland vegetation; and
b. Development activities shall address the protection of existing forests and developed woodlands identified as habitat protection areas in the habitat protection section of this subtitle.
(d) Activities not permitted.
(1) Certain new development, or redevelopment activities or facilities, because of their intrinsic nature, or because of their potential for adversely affecting habitats or water quality, may not be permitted in the critical area except in intensely developed areas, and only after the activity or facility has demonstrated to all appropriate local and State permitting agencies that there will be a net improvement in water quality to the adjacent body of water. These activities include the following:
i. Non-maritime heavy industry;
ii. Transportation facilities and utility transmission facilities, except those necessary to serve permitted uses, or where regional or interstate facilities must cross tidal waters (utility transmission facilities do not include power plants); or
iii. Permanent sludge handling, storage, and disposal facilities, other than those associated with wastewater treatment facilities. However, agricultural or horticultural use of sludge under appropriate approvals when applied by an approved method at approved application rates may be permitted in the critical area, except in the 100-foot buffer.
(2) Certain new development activities or facilities, or the expansion of certain existing facilities, because of their intrinsic nature, or because of their potential for adversely affecting habitat and water quality, may not be permitted in the critical area unless no environmentally acceptable alternative exists outside the critical area, and these development activities or facilities are needed in order to correct an existing water quality or wastewater management problem. These include:
i. Solid or hazardous waste collection or disposal facilities; or
ii. Sanitary landfills.
(3) Existing, permitted facilities of the type noted in subsections (2)i. and ii. above, shall be subject to the standards and requirements of the Maryland Department of the Environment, under COMAR Title 26.
(Ord. No. 2003-18, § III, 8-4-2003; Ord. No. 2004-24, 10-18-2004; Ord. No. 2005-18, 6-20-2005)
Sec. 30-554. Buffer and buffer management area.
The purpose of a buffer is to protect aquatic, wetland, shoreline and terrestrial environments from manmade disturbances.
(a) Functions of the buffer. The functions of the buffer with regard to the protection of the Atlantic Coastal Bays include the following:
(1) Provide for the removal or reduction of sediments, nutrients and potentially harmful or toxic substances in runoff entering the Bays and their tributaries;
(2) Minimize the adverse effects of human activities on wetlands, shoreline, stream banks, tidal waters and aquatic resources;
(3) Maintain an area of transitional habitat between aquatic and upland communities;
(4) Maintain the natural environment of streams; and
(5) Protect riparian wildlife habitat.
(b) Ideally, in the Atlantic Coastal Bays Critical Area, a 100-foot buffer is established landward from the mean high water line of tidal waters, the edge of the bank of tributary streams and the landward edge of tidal wetlands. However, the Atlantic Coastal Bays Protection Act permits the local jurisdiction to designate "buffer management areas" (BMA) which are exempt from buffer requirements. These are areas where it can be sufficiently demonstrated that the existing pattern of residential, industrial, commercial, and recreational development in the critical area prevent the buffer from fulfilling its functions. The criteria used to determine qualification as a BMA include:
(1) Existing pattern of subdivision into relatively small lots;
(2) Preponderance of structures within the 100-foot buffer;
(3) Extensive areas of lots having an average depth of 100 feet or less.
(c) As practically all lands within Ocean City meets one or more of these criteria, all lands within the 100-foot buffer are designated BMA. The buffer shall be expanded beyond 100 feet to include contiguous sensitive areas, such as hydric or highly erodible soils whose development or disturbance may impact streams, wetlands, or other aquatic environments.
(d) Buffer management area regulations. The following regulations apply to new construction and redevelopment within 100 feet landward from the mean high water line of tidal waters and tidal wetlands.
(1) New development, including accessory structures, shall minimize the extent of intrusion into the buffer as further regulated below.
(2) For lots smaller than 40,000 square feet in size, as of June 1, 2002:
a. Setback. Structures shall be located no closer to tidal waters or wetlands than the setback required in the underlying zoning district. This setback shall be measured from the landward face of a bulkhead or rip-rap, the mean high water line, or the wetland line, whichever is more restrictive.
b. No permanent structures may be placed over deadmen or tiebacks; however, accessory buildings not exceeding 100 square feet of gross floor area may be placed over deadmen and tiebacks, but not in the setback from the water.
c. No impervious surfaces are permitted in the setback area.
(3) For lots 40,000 square feet or more in area as of June 1, 2002:
a. Setback. Structures shall be located no closer than 25 feet from the water or wetlands. This setback shall be measured from the landward face of a bulkhead or rip-rap, the mean high water line, or the wetland line, whichever is more restrictive.
b. Decks constructed as described in subsection (d)(4) shall not be constructed closer than ten feet from the water or wetlands.
c. No impervious surfaces are permitted in the setback area.
(4) Pervious wooden decks and walkways containing spaces a minimum of one-eighth inch in width between boards to allow for the passage of water are permitted within the non-vegetated area of the setback provided that:
a. The deck is attached to the primary building;
b. The deck is constructed over pervious gravel of at least six inches in depth placed over filter cloth;
c. The area under the deck is not used for storage;
d. Permanent roofs, awnings, etc., are not constructed over or under the deck to render the deck impervious.
(5) The setback shall be vegetated at least 25 percent with native plant material, and the buffer area shall be vegetated at least 15 percent with native plant material. If the requirement of section 30-553(c)(5) to vegetate at least 15 percent of the parcel is not satisfied by the vegetation requirements for the setback and buffer, the remainder of the total requirement may be placed elsewhere on the parcel. All plant material shall meet the requirements of sections 98-40 and 98-41 of the Code of Ocean City with regard to size, frequency, spacing, installation and maintenance.
(6) Existing trees and woody vegetation within the buffer shall be retained except the minimum required for the proposed construction.
(7) Mitigation. Mitigation for construction or disturbance in the buffer shall be provided in the following manner.
a. Any trees or other woody vegetation removed from within the buffer shall be replaced on an equal basis with species and in sizes required by chapter 98, landscaping, of the Code of Ocean City. These replacements shall be in addition to any trees required by chapter 98 or by any other section of this article. In addition, any trees or woody vegetation removed from the setback area shall be replaced at a two to one (2:1) ratio.
b. New impervious surface created in the buffer shall be mitigated by the planting of vegetation. The square feet of vegetation shall be equal to two times the square feet of impervious surface created.
c. Existing improved pervious surface in the buffer which is retained in a pervious state as a result of development or redevelopment shall be mitigated at a one to one (1:1) ratio.
d. Undisturbed surface in the buffer which is disturbed but remains pervious as a result of development or redevelopment shall be mitigated at a one to one (1:1) ratio.
e. Impervious surface which remains impervious as a result of construction or reconstruction shall be mitigated at a one to one (1:1) ratio.
f. Impervious surface which becomes pervious as a result of construction or reconstruction shall not be required to mitigate.
g. Any construction in a setback, including pervious decks and walkways, shall be mitigated at a two to one (2:1) ratio.
h. The number of plants required by subsection (7)b.--g. above shall be determined as follows. Plant classification per attached approved planting list.
(1) Large trees |
200 square feet of mitigation per tree |
(2) Small trees |
100 square feet per tree |
(3) Large shrubs |
75 square feet per plant |
(4) Small shrubs |
50 square feet per plant |
(5) Herbaceous plants |
2 square feet per plant |
i. Mitigation planting shall be placed in the following locations, in order of priority.
1. On the parcel within the setback area, when planting will not interfere with or pose a threat to the existing or future structural integrity of the bulkhead system.
2. On the parcel within the 100-foot buffer.
3. On the parcel outside the 100-foot buffer.
j. For detached single-family dwellings, additions, and accessory buildings thereto in the buffer, the requirement of landscaping in the amount of two percent of the cost of construction found in section 98-43 shall be deemed to have satisfied the above mitigation requirement. For all other development, the mitigation required above shall be in addition to the requirements of chapter 98.
(8) Fee in lieu of mitigation or landscaping. If complete mitigation cannot be accomplished on the parcel as described above, or if the landscaping requirements of section 98-43 pertaining to single family detached homes, cannot be met, the property owner shall make payment of a fee in lieu of mitigation or landscaping. These fees shall be placed in a separate account and used by the Town of Ocean City to ameliorate the impact of the lack of mitigation or landscaping and to further the purposes of the critical area program by performing mitigation activities on other private or public property.
a. The option of paying a fee in lieu of mitigation or landscaping is only available if, in the determination of the Department, the property owner has exhausted all reasonable possibilities of mitigation or landscaping on-site.
b. The fee shall be minimum of $1.20 per square foot of mitigated area, or a higher amount set by the Mayor and City Council from time to time by resolution. In the case of single-family development, the fee shall be the difference between the required dollar amount of landscaping and the amount provided.
(9) Additional mitigation, as described in section 30-560, is required when a variance to any of these buffer management area regulations is approved.
(10) Adverse water quality impacts shall not result from the proposed structure due to construction impacts, the type of materials used in construction, or the location of the structure relative to the water.
(Ord. No. 2003-18, § IV, 8-4-2003)
Sec. 30-555. Habitat protection.
(a) Policies. The policies of the Town of Ocean City in regard to those Habitat Protection Areas identified in COMAR 27.01.09 shall be to:
(1) Provide protection for threatened and endangered species, those species in need to conservation and their habitats which occur in the critical area;
(2) Conserve wildlife habitat in the critical area;
(3) Protect those wildlife habitats that tend to be least abundant or which may become so in the future if current land-use trends continue;
(4) Protect those wildlife habitat types that are required to support the continued presence of various species;
(5) Protect those wildlife habitat types and plant communities which are determined by the town to be of local significance; and
(6) Protect natural heritage areas.
(b) Identification. The approximate location of habitat protection areas identified in COMAR 27.01.09 are shown on the Town of Ocean City Critical Area map. This map will be used to assist in the identification of general areas where habitat protection areas are located.
(c) Standards. Each applicant proposing a land activity on a lot 40,000 square feet or larger as of June 1, 2002, with the exception of development of a single family home, within the critical area of the Town of Ocean City must submit a habitat protection area statement that addresses the following:
(1) The applicant is required to identify all habitat protection areas in the area proposed for development through consultation with the Maryland Department of Natural Resources.
(2) If there are habitat protection areas that may be impacted by the proposed development, the applicant must prepare a habitat protection plan to identify measures that will be taken to conserve and protect the identified habitats.
(3) If there are no habitat protection areas that may be impacted by the proposed development, the applicant is responsible for documenting the sources of this finding, such as consultation with the Maryland Department of Natural Resources, the U.S. Fish and Wildlife Service, or other experts.
(Ord. No. 2003-18, § V, 8-4-2003)
Sec. 30-556. Water dependent facilities.
(a) Identification. Water dependent facilities include, but are not limited to, ports, water-use industries, marinas and other boat docking structures, public beaches and other public water-oriented recreation areas, and fisheries activities. Excluded from this regulation are individual private piers installed or maintained by riparian landowners which are located in a subdivision which does not provide community piers.
(b) Standards. The following standards shall apply to new or expanded development activities associated with water-dependent facilities:
(1) New or expanded development activities may be permitted in the buffer provided that it can be shown:
a. That they are water-dependent;
b. That the project meets a recognized private right or public need;
c. That adverse effects on water quality, fish, plant and wildlife habitat are minimized;
d. That, insofar as possible, non-water dependent structures or operations associated with water-dependent projects or activities are located outside the Buffer; and
e. That the facilities are consistent with an approved local plan as set forth below.
(2) Applicants for new or expanded water-dependent facilities shall set out in the application how the above requirements are met.
(c) Evaluating plans for new and expanded water-dependent facilities. The department shall evaluate on a case-by-case basis all proposals for expansion of existing or new water-dependent facilities. The department shall work with appropriate state and federal agencies to ensure compliance with applicable regulations. The following factors shall be considered when evaluating proposals for new or expanded water dependent facilities:
(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 in the area;
(3) That disturbance to wetlands, submerged aquatic plant beds, or other areas of important aquatic habitats will be minimized;
(4) That adverse impacts to water quality that may occur as a result of these activities, such as non-point source runoff, sewage 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 Atlantic Coastal Bays Critical Area, generally;
(7) That dredged spoil will not be placed within the buffer or elsewhere in that portion of the Atlantic Coastal Bays Critical Area which has been designated as a habitat protection area except as necessary for:
a. Backfill for permitted shore erosion protection measures;
b. Use in approved vegetated shore erosion projects;
c. Placement on previously approved channel maintenance spoil disposal areas; and
d. Beach nourishment.
(8) That interference with the natural transport of sand will be minimized; and
(9) That disturbance will be avoided to historic areas of waterfowl staging and concentration or other habitat protection areas identified in section 30-555.
(d) Marinas and other commercial maritime facilities. New, expanded or redeveloped marinas are permitted in the buffer subject to the requirements set forth in this section. New and existing marinas shall meet the sanitary requirements of the Department of the Environment as required in COMAR 26.04.02 or as amended from time to time. New marinas shall establish a means of minimizing the discharge of bottom wash waters into tidal waters.
(e) Community piers. New or expanded community marinas and other non-commercial boat-docking and storage facilities are permitted in the buffer subject to the following requirements:
(1) These facilities may not offer food, fuel, or other goods and services for sale and shall provide adequate and clean sanitary facilities;
(2) The facilities are community-owned and established and operated for the benefit of the residents only of a platted and recorded riparian subdivision;
(3) The facilities are associated with a residential development approved by the Department for the Atlantic Coastal Bays Critical Area and consistent with all state requirements for the Atlantic Coastal Bays Critical Area;
(4) Disturbance to the buffer is the minimum necessary to provide a single point of access to the facilities;
(5) When community piers or slips are provided as part of a new development, private piers are not permitted for each individual lot;
(6) The number of community piers or slips permitted at the facility shall be the lesser of the following: One slip for each 50 feet of shoreline in the subdivision, or:
Platted Lots or Dwellings in the Atlantic Coastal Bays Critical Area |
Slips |
up to 15 |
1 for each lot or dwelling |
16--40 |
15 or 75% whichever is greater |
41--100 |
30 or 50% whichever is greater |
101--300 |
50 or 25% whichever is greater |
over 300 |
75 or 15% whichever is greater |
(f) Variances. The Board of Zoning Appeals may grant a variance from the provisions of this section in accordance with the provisions of section 30-561.
(g) Public water oriented recreation or education areas. Public water-oriented recreation or education areas including, but not limited to, publicly owned beaches, boat launching and docking facilities and fishing piers may be permitted in the buffer.
(h) Research areas. Water-dependent research facilities or activities operated by state, federal, or local agencies or educational institutions may be permitted in the buffer, if non-water-dependent structures or facilities associated with these projects are, to the extent possible, located outside of the buffer.
(Ord. No. 2003-18, § VI, 8-4-2003)
Sec. 30-557. Individual private piers and docks.
(a) General requirements. Individual private piers or docks may be installed or maintained when in conformance with all other applicable laws and regulations by riparian landowners of lots and parcels legally existing on or after the effective date of this Subtitle.
(b) Standards. The following standards shall apply in addition to any other applicable laws or regulations to the construction, expansion, replacement or modification of an existing or newly constructed private pier or dock:
(1) New docks, wharves, piers or mooring piles may extend into the waterway for a maximum distance of 20 percent of the width of the waterway, not to exceed a total of 50 feet over wetlands and waterways from the fastland, provided that a distance of at least 40 feet in width shall remain open between either side of the waterway for navigation purposes. These limitations shall be utilized as a guide by the Board of Port Wardens in approving or disapproving permits for construction, but shall not restrict the authority of the Board to limit or proscribe or to approve the placement, erection, or construction of any structure in the waters of Ocean City on a case-by-case basis; provided, however, that in no event shall a dock, wharf or pier extend more than 50 feet over a wetland.
(2) Any disturbance of the buffer shall be the minimum necessary for the construction and/or maintenance of the pier or dock.
(3) A reasonable pedestrian access path to an individual pier or dock may be located in the buffer subject to the following:
a. A maximum of one access path shall be permitted per lot or parcel.
b. The access path may include clearing and stabilization of no more than eight feet in width.
c. Impervious areas constructed within the eight-foot width identified in b. above are limited to three feet in width. Impervious area created is subject to all other limitations as established by this subtitle.
d. All access paths shall be along the most direct route from the pier or dock to the principal structure on the same lot or parcel or to the path's point of exit from the buffer.
(Ord. No. 2003-18, § VII, 8-4-2003)
Sec. 30-558. Shore erosion control.
(a) The Town of Ocean City adopts the following policies with regard to shore erosion protection works:
(1) Encourage the protection of rapidly eroding portions of the shoreline in the critical area by public and private landowners.
(2) Where such measures can effectively and practically reduce or prevent shore erosion, encourage the use of nonstructural shore protection measures in order to conserve and protect plant, fish, and wildlife habitat.
(b) The Town of Ocean City, with assistance from the state, shall designate and map the following shoreline areas:
(1) Shoreline areas where no significant erosion occurs;
(2) Other eroding areas where nonstructural measures would be a practical and effective method of erosion control;
(3) Eroding areas where only structural measures would provide effective and practical erosion control.
(c) The town shall adopt the following policies to be reflective of shoreline characteristics to accomplish the following objectives:
(1) Structural control measures shall only be used in areas designated as areas where nonstructural control measures would be impractical or ineffective;
(2) Where structural erosion control is required, the measure that best provides for conservation of fish and plant habitat, and which is practical and effective shall be used;
(3) Nonstructural measures shall be utilized in areas of erosion where nonstructural measures would be practical and effective;
(4) Structural erosion control measures shall not be encouraged in areas where no significant erosion occurs; and
(5) If significant alteration in the characteristics of a shoreline occurs, the measure that best fits the change may be used for sites in that area.
(Ord. No. 2003-18, § VIII, 8-4-2003)
Sec. 30-559. Implementation of the Atlantic Coastal Bays Critical Area provisions.
(a) Regulated activities and applicability. It shall be unlawful to pursue any new, expanded or intensified activities within the Atlantic Coastal Bays Critical Area, such as development or redevelopment, grading, clearing, sediment and erosion control, shoreline erosion control, operation of a waste collection or disposal facility, operation of a commercial or private marina or other water-related commercial or industrial operation (whether public or private), without first obtaining approval by the department after review under the provisions of this section.
(b) Responsible agency. All applications for such permits and licenses that are issued by the town shall be made to the pertinent department. The Department shall make available to all agencies involved in overseeing regulated activities a set of maps showing the location so that these agencies may identify affected properties subject to said referrals.
(c) Process. Upon receiving the referred application, the department shall review the application for compliance of the activity with the requirements of this section, coordinating with other agencies when appropriate. The Atlantic Coastal Bays Critical Area review includes, but is not limited to, evaluating the 100-foot buffer and buffer management area, area of impervious surface, area of forest cover, area of steep slopes, location of tidal or nontidal wetlands and their buffers, and the mitigation plan if required.
(d) Application requirements. In order for the department to make findings and specific recommendations as to compliance of a project with the goals of the Atlantic Coastal Bays Critical Area Law, information on land and water disturbing activities is required to be submitted by the applicant. This information shall include an Atlantic Coastal Bays Critical Area site plan and may include a written Atlantic Coastal Bays Critical Area report, as described below.
(1) Atlantic Coastal Bays Critical Area Site Plan. The Atlantic Coastal Bays Critical Area Site Plan must be drawn to scale and shall include, but not be limited to, the following information:
a. Topography (if property is flat or gently sloping, state this on the plan).
b. Mean high water line.
c. Tidal wetlands (private and state).
d. Tributary streams.
e. Nontidal wetlands.
f. Soils.
g. Forest cover (show individual trees or a tree line defining wooded areas).
h. 100-foot buffer and setback.
i. Habitat protection areas.
j. All impervious surfaces (including all structures, sidewalks, sheds, decks, driveways, pools, etc.) labeled as existing or proposed.
k. All proposed clearing, grading, and disturbance.
l. Computation of the amount of existing and proposed impervious surfaces, existing forest cover and proposed clearing, and total area of disturbance.
m. Proposed landscaping and mitigation plan.
(2) Atlantic Coastal Bays Critical Area Report. In cases where additional information is required by the department to determine the impact of a development on the Coastal Bays, an Atlantic Coastal Bays Critical Area Report is required, and must include a description of the project and an environmental assessment of the site. This report shall include but not be limited to the following information:
a. Forest cover, generally describing the size and species of trees and shrubs.
b. Shoreline condition, including any existing or proposed piers, bulkheads, revetments, or other shoreline stabilization methods.
c. Proposed or existing stormwater management measures.
d. Site topography and soil conditions, including any areas of erosion or run-off.
e. Proposed clearing, excavation and grading.
f. Discussion of the proposed development, including number of residential units, amount of proposed impervious surface, proposed sewer treatment and water supply, and total square footage of clearing, grading and disturbance.
g. Discussion of the impact of the proposed development on water quality and habitat protection areas.
h. Documentation of all correspondence and findings received from any local, county, state or federal agency.
(Ord. No. 2003-18, § IX, 8-4-2003)
Sec. 30-560. Amendments and refinements.
(a) Generally. The regulations, restrictions, definitions, districts, classifications, and boundaries as set forth in this Subtitle may from time to time be amended, supplanted, modified, or repealed by the Mayor and City Council with the concurrence of the Commission. Amendments shall be incorporated by ordinance after a duly advertised public hearing and recommendation from the Planning Commission.
(b) Applications and procedures. Amendments and refinements shall be processed in the following manner.
(1) Proposals for an amendment or refinement may be made by any interested person who is a resident, property owner, or taxpayer in the Town of Ocean City, or by any government agency of the town. Proposals shall be filed with the Department in appropriate form.
(2) Upon receipt of the application, the department shall examine the application and information submitted therewith. If the application and information is insufficient for the purposes of review the department may:
i. Return the application to the applicant with a letter describing the deficiencies in the submittal; or
ii. Request any additional information as may be necessary to review the application.
(3) The department shall forward the complete application to the Mayor and City Council, who shall hold at least one public hearing on the request. Following the public hearing, the Mayor and City Council shall send a recommendation on the request to the Critical Areas Commission.
(4) If the Mayor and City Council recommend approval of the request, and the Commission concurs, the Mayor and City Council shall adopt the amendment by ordinance.
(Ord. No. 2003-18, § X, 8-4-2003)
Sec. 30-561. Variances.
(a) Applicability. A variance to the terms of the Ocean City Critical Area Program may be granted by the Board of Zoning Appeals in accordance with the provisions of section 110-95 of the Zoning Code, where, owing to special features of a site or other circumstances, implementation of this Program or a literal enforcement of provisions within the program would result in unwarranted hardship to an applicant.
(b) Standards. The provisions for granting such a variance shall include evidence submitted by the applicant that the following standards are met:
(1) Special conditions or circumstances exist that are peculiar to the applicant's land or structure and a literal enforcement of provisions and requirements of the town's critical area program would result in unwarranted hardship. Unwarranted hardship means that without a variance, an applicant would be denied reasonable and significant use of the entire parcel or lot for which the variance is requested.
(2) A literal interpretation of the provisions of the town's critical area program and related laws will deprive the applicant of rights commonly enjoyed by other properties in similar areas within the critical area of Ocean City;
(3) The granting of a variance will not confer upon an applicant any special privilege that would be denied by the town's critical area program to other lands or structures within the critical area of Ocean City;
(4) The variance request is not based upon conditions or circumstances which are the result of actions by the applicant nor does the request arise from any condition relating to land or building use, either permitted or non-conforming, on any neighboring property;
(5) The granting of a variance shall not adversely affect water quality or adversely impact fish, wildlife or plant habitat within the Atlantic Coastal Bays Critical Area, and the granting of the variance will be in harmony with the general spirit and intent of the town's critical area program;
(c) Process and findings. Applications for a variance shall be made in writing to the Board of Zoning Appeals on forms prescribed by the department.
(1) In considering the application for a variance, the town shall presume that the specific development activity in the critical area that is subject to the application and for which a variance is required does not conform with the general purpose and intent of the Natural Resources Article, Title 8 Subtitle 18, COMAR Title 27, and the requirements of the Town's Critical Area Program.
(2) If the variance request is based on conditions or circumstances that are the result of actions by the applicant, including the commencement of development activity before an application for a variance has been filed, the town may consider that fact.
(3) An applicant has the burden of proof and the burden of persuasion to overcome the presumption of nonconformance established in paragraph (1) above.
(4) Based on competent and substantial evidence, the town shall make written findings as to whether the applicant has overcome the presumption of nonconformance as established above.
(5) With regard to the person's experience, technical competence, and specialized knowledge, the written findings may be based on evidence introduced and testimony presented by: 1) the applicant; b) the town or any other government agency; c) any other person deemed appropriate by the town.
(d) Appeals. Appeals from decisions concerning the granting or denial of a variance under these regulations shall be taken in accordance with all applicable laws and procedures of the town for variances. Variance decisions by the Board of Zoning Appeals may be appealed to the Circuit Court in accordance with the Maryland Rules of Procedure. Appeals may be taken by any person, firm, corporation, or governmental agency aggrieved or adversely affected by any decision made under this section.
(e) Conditions and mitigation. The Board of Zoning Appeals shall impose conditions on the use or development of a property which is granted a variance as it may find reasonable to ensure that the spirit and intent of the Ocean City Critical Area Law is maintained, including, but not limited to, the following:
(1) Mitigation. If a variance involves the placement of any impervious surface within a setback area, or other land disturbance not otherwise permitted, adverse impacts resulting from the granting of the variance shall be mitigated by the planting of trees and shrubs on the site, as described in section 30-554(d)(7), at an amount equal to not less than two times the square footage of the area of disturbance allowed by the variance. Payment of a fee in lieu of mitigation may be made as described in section 30-554(d)(8).
(2) New or expanded structures or impervious surfaces shall be located the greatest possible distance from mean high water, the landward edge of tidal wetlands, tributary streams, nontidal wetlands, or steep slopes.
(Ord. No. 2003-18, § XI, 8-4-2003; Ord. No. 2004-24, 10-18-2004)
Sec. 30-562. Administration and enforcement.
(a) Responsible agencies. The responsibility for the administration and enforcement of this section shall be vested in such department (hereinafter called the "department") as designated or created for such purpose by the Mayor and City Council. The department may be provided with such personnel and resources as the Mayor and City Council may direct. The department may delegate to its own personnel and to other persons such duties and responsibilities in connection with the administration and enforcement of this section as are appropriate in the department's judgment.
(b) Enforcement provisions.
(1) Violation of any provision hereof or any program adopted hereunder shall be a municipal infraction, punishable as stated in section 1-8 of the Code of Ocean City, with each day of a violation being a separate offense. Violators of the provisions of programs approved or adopted by the Mayor and City Council shall also be subject to prosecution or suit by the Mayor and City Council, who may invoke the sanctions and remedies afforded by state or local law. The Mayor and City Council may invoke any sanction or remedy available, in any court of competent jurisdiction in which it would be authorized to prosecute or sue the violator. In addition to any other sanction or remedy available, the Mayor and City Council may bring an action in equity to compel compliance or restrain noncompliance with the requirements of approved project plans, and to compel restoration of lands or structures to their condition prior to any modification which was done in violation of approved project plans. Notwithstanding any other provision of this section, whenever a development in the Atlantic Coastal Bays Critical Area is proceeding in violation of approved project plans and threatens to immediately and irreparably degrade the quality of tidal waters or fish, wildlife or plant habitat, the Mayor and City Council may bring an action to restrain the violation and, as appropriate, to compel restoration or any land or water areas affected by the development.
(2) In addition to any other penalty applicable under State or local law, a person who violates a Provision of Natural Resources Title 8 Subtitle 18, or the Town's Critical Area Program, ordinance or regulation is subject to a fine not exceeding $10,000.00.
(3) In determining the amount to be assessed under paragraph a, the Town may consider the following: 1) the gravity of the violation; 2) any willfulness or negligence involved in the violation, and 3) the environmental impact of the violation.
(Ord. No. 2003-18, § XII, 8-4-2003; Ord. No. 2004-24, 10-18-2004)
Last Updated: October 23, 2009