(a) to be consistent with the comprehensive plan as well as the Stevensville and Chester Growth Area Plans and

(b)  provides for the recapture of growth allocation in the event the project does not proceed as provided in the Agreement or in a manner consistent with these conditions or any conditions of site plan or subdivision approval,

(c)  the County Commissioners must then approve the agreement,

2.  The 100 foot and 300 foot shore buffers be measured from the State tidal wetlands or the mean high water lines that are field verified during preliminary subdivision design,

3.  The Petitioner shall maintain a minimum of 20 feet separation between lot lines and stormwater management ponds,

4.  The Petitioner shall provide a wooded buffer and security barrier between the Castle Marina subdivision and the Queens Landing condominium project and the proposed development of the Bell property,

5.  The Petitioner shall provide woodland screening along the Cross Island Trail where necessary,

6.  All buildings and structures be constructed in a manner substantially similar to the architectural style presented,

7.  All long term protected woodlands be located in the community open space,

8.  Woodland clearing on the individual cluster lots is the minimum necessary to construct a home,

9.  All required mitigation for woodland clearing is provided on site,

10.  The 293.25 acres of growth allocation be utilized for the project proposed which shall be substantially similar in design to the sketch plan presented to the Planning Commission,

11.  Any changes in the density must be approved by the Planning Commission,

12.  Any significant changes in the subdivision design must be approved by the Planning Commission,

13.  The Petitioner shall satisfy the Planning Commission that the proposed commercial shopping center, and the mix of retail uses therein, is consistent with the goal of the Chester Master Planned Development that commercial uses be “neighborhood-scaled and be in association with larger residential developments,”

14.  The Petitioner shall provide plat notes showing the possibility of connecting the project to any future northern connector road as referred to in the Stevensville Community Plan, if and when a regional traffic plan for the area requires the community to be linked to such a northern connector road and / or Benton Road and / or other points to the north and west,

15.  The applicant shall provide for the Cross Island Trail Park dedication and easements for the 5.5 acres of land as depicted on the sketch plan, and

16.  The applicant shall stabilize the shorelines of the Chester River and Macum Creek as required and allowed by the appropriate governing agencies, and shall remove from the Concept Plan the proposed piers on Macum Creek.

2. A fully forested 100-foot Buffer shall be established from the landward boundary of the structural erosion control measure on the Chester River.  The Buffer shall be established in multi-layered forest vegetation.

3. A fully forested 150-foot setback shall be established from the edge of tidal or nontidal wetlands around the tidal pond (adjacent to the Chester River) in order to provide habitat protection.  The edge of tidal and nontidal wetlands from which the 150-foot setback will be established shall be delineated in the field and approved by the Commission Staff.  In addition, all Phragmites in the area of the tidal pond shall be eradicated and the area established with appropriate native species.

4. A fully forested 100-foot Buffer shall be established on each side of all tributary streams, and the stream crossing and any development activity within the Buffer area shall be eliminated.

5. The Commission shall coordinate with the Maryland Department of the  Environment (MDE) and the Department of Natural Resources (DNR) regarding  the assessment of the environmental impacts associated with a community pier and compliance with the standards set fourth in the Critical Area Criteria.  The applicant agrees to ensure that these standards are met and to comply with the recommendations and/or conditions of approval of MDE and DNR regarding the community pier.  The applicant also agrees to comply with MDE regulations for community marinas in COMAR 26.24.04.03G.

6. Best Management Practices for stormwater shall be located outside of the 100-year flood plain or shall be designed in such a way that a flood event would not inundate the ponds or detention structures causing pollutants to be flushed out unless staff determines after a review of detailed stormwater engineering plans that a superior water quality or habitat benefit can be achieved through other techniques.

7. At least half of the site shall incorporate Best Management Practices for stormwater that provide habitat benefits in addition to water quality benefits.  Best Management Practices that provide habitat benefits include bioretention, shallow marsh, extended detention, wetlands, and pond/wetland systems.

8. Shoreline access within the approved setback and/or Buffer shall be designed and constructed to minimize impacts to the 100-foot Buffer and to maintain the “Resource Conservation Area” character of the setback and/or Buffer.  Pathway widths shall be limited to six feet in width (including the path itself and associated clearing) within the setback and should be constructed of pervious or semi-pervious materials wherever possible.  Tree canopy shall be maintained over pathways.  Prior to recordation of any subdivision plats or final approval of any site plans, building permits, or grading permits, a Buffer management Plan for the entire Buffer and/or setback area of the project shall be reviewed and approved by the full Critical Area Commission.

9. Structural shore erosion control measures shall be limited to those that currently exist on the site.  If additional erosion control measures are warranted, non-structural measures shall be used.

10. The final plan for the Fours Seasons at Kent Island growth allocation request that is approved shall contain each of the conditions of this approval and shall be submitted for review by the Critical Area Commission.

1. The Subject Property is placed within two growth sub areas by the Comprehensive Plan.  The boundaries of the sub areas were intended to be refined in subsequent stages of the planning process, which they were by the adoption of the Stevensville and Chester Community Plans.  It was the intent of the Comprehensive Plan that each of the sub areas would develop with its own individual character and mixture of uses.  The Four Seasons Concept/Sketch Plan proposes an Active Adult Community for persons age 55 and older, with extensive amenities designed specifically for active adults in this age range.

2. The Concept/Sketch Plan for the Four Seasons  is consistent with the Chester Community Plan as described in the Staff Report for the Planning Commission meeting on April 13, 2000, (Queen Anne’s County Code, §14-176(4)(i)) for the reasons set forth in Binder Exhibit 11, Certification of Compliance, Michael C. Whitehill , and incorporated herein  by reference.

3. The current Concept/Sketch Plan for the Four Seasons project is consistent with the Stevensville Community Plan, (Queen Anne’s County Code, §14-176(4) (ii)) as described in the Staff Report for the Planning Commission meeting on April 13, 2000 and further is consistent for the reasons set forth in Binder Exhibit 11, Certification of Compliance, Michael C. Whitehill , and incorporated herein by reference.

4. The portion of the Four Seasons project which lies within the Stevensville Planning Area is designated as the "Northern Growth Area.”  Although the Stevensville Community Plan does not set out specific "development objectives" for the Northern Growth Area as it does for the Town Center, it does describe what is "envisioned" and "needed" in Chapter 3 and it recommends desirable characteristics of the Growth Areas in Chapter 4, Section B.  We believe the current Concept/Sketch Plan for the Four Seasons implements the development objectives for the Northern Growth Area (Queen Anne’s County Code, §14-176(4) (ii)) as set forth in Binder Exhibit 11, Certification of Compliance, Michael C. Whitehill , and incorporated herein this Resolution by reference.

5. The portion of the Four Seasons project which lies within the Chester Planning Area is designated as one of the “Chester Master-Planned Development Areas.”.  The "development objectives" for the Chester Master-Planned Development Areas are described as "general characteristics of growth" in the Chester Community Plan. (See pages 4-15, 4-16).  The current Concept/Sketch Plan for the Four Seasons project implements the specific development objectives of Chapter 4 of the Chester Community Plan (Queen Anne=s County Code, §14-176(4)(ii)), as set forth in Binder Exhibit 11, Certification of Compliance, Michael C. Whitehill , and incorporated herein by reference.

6. The Four Seasons project is wholly located in parts of two designated growth areas. (Queen Anne’s County Code, §14-176(4)(iii))  As described in the Stevensville Community Plan, Chapter 3, Section C and Figure 15, the Four Seasons property is located in the Northern Growth Area, situated between Castle Marina Road and Cloverfields and is designated as Master Planned Development.  Further, Chapter IV, Figure 4-8 of the Chester Community Plan identifies the Four Seasons property as one of four designated growth sub-areas in the Chester Planning Area.
 

b. The Four Seasons Concept/Sketch Plan as approved by the Planning Commission with the Conditions established herein is of substantial economic benefit to Queen Anne’s County for the reasons stated below.

1. Robert Charles Lesser and Co. performed a fiscal impact analysis for the Four Seasons development program similar to the Original Concept /Sketch Plan as well as an analysis of the Four Seasons incorporating the anticipated reductions in density and intensity described in the preamble.  In both cases the analysis took into account all categories of Queen Anne’s County revenues, operating and capital expenditures expected to be received and incurred as a result of the development of the Four Seasons.  Where applicable, information was used that is contained in the County’s fiscal impact analysis and impact fee report prepared by Tischler and Associates, Inc., County budgets and operating programs, as well as recommendations from the County Finance Officer.  The conclusions of the Robert Charles Lesser and Co. reports have been reviewed and verified by the County’s financial experts.  Binder Exhibits 21, 22 and 23, Certification of Compliance, Len Bogorad , incorporated herein by reference.

2. The Fiscal Impact Analysis by Robert Charles Lesser and Co. concluded that the Four Seasons if built with the anticipated revisions will have an $88.2 million net positive fiscal impact on the County over the next 20 years.  If the development program similar to the Original/Concept Sketch Plan were built the net fiscal impact on the County would be in excess of $53 million over the next 20 years.  The detailed analysis, including all supporting data can be found in the two FISCAL IMPACT ANALYSES FOR THE PLANNED ACTIVE ADULT COMMUNITY ON KENT ISLAND, dated January 17, 2001 and June 8, 1999.

3.      The Fiscal Impact Analyses further concluded that Four Seasons, if generally built consistent with the Original/Concept Sketch Plan or the anticipated revisions thereto, will be of substantial economic benefit to Queen Anne’s County because it will generate significantly greater County tax revenues than the cost to provide government services.  In addition, it is estimated that at build out the residents of the Four Seasons will spend approximately $35 million (in year 2000 dollars) annually on retail goods and services over 70% of which is estimated to be in Queen Anne’s County. Binder Exhibits 21, 22 and 23, Certification of Compliance, Len Bogorad , and incorporated herein by reference.

4. The Developer will be required, and the approval of Growth Allocation shall be wholly contingent upon the negotiation and execution of an acceptable Developer Rights and Responsibilities Agreement under which the Developer will make commitments, financial or otherwise, which in the opinion of the County Commissioners, after taking into account all other relevant factors, will adequately compensate the County for the grant of Growth Allocation.
 

c. The Four Seasons Concept/Sketch Plan as approved by the Planning Commission with the Conditions established herein enhances water quality,  resource and  habitat values of the area resulting in additional planting of forest cover in the buffer and the implementation of best management practices for the reasons stated below.

1. The planning, design, construction and resource utilization measures that K. Hovnanian will incorporate into the Four Seasons which will enhance water quality resource and habitat value of the site, include:

(a) The establishment of a 300' shorebuffer landward of tidal waters along Cox Creek and Macum Creek.  The 300' shore buffer will contain multi-layered forest vegetation.  The shorebuffer to be established in the Four Seasons will be over three miles long.  A majority of the shoreline currently contains buffers of less than 100' and in many locations, no buffer at all.  The establishment of a multi-layered forested 300' buffer along more than three miles of shorefront will enhance water quality, resource and habitat values on site and along the waters adjacent to the site by providing for the uptake of nutrients and other pollutants contained in runoff, as well as providing extensive wildlife habitat areas which currently do not exist on the property.    Binder Exhibits 13, 14, 15, 16 and Certification of Compliance, Michael J. Klebasko, and incorporated herein this Resolution by reference.

(b) The establishment of a 150' shorebuffer landward of tidal waters around the tidal pond located adjacent to the Chester River.  The 150' shore buffer will contain multi-layered forest vegetation.  The establishment of a multi-layered forested 150' buffer around the tidal pond will enhance water quality, resource and habitat values on site, and particularly in the tidal pond by providing additional habitat for waterfowl utilizing the tidal pond.  The additional buffer will also provide for the uptake nutrients and other pollutants contained in runoff. Binder Exhibits 13, 14, 15, 16 and Certification of Compliance, Michael J. Klebasko, and incorporated herein by reference.

(c) The establishment of a 100' shorebuffer landward of  the landward boundary of the existing shore erosion control measures along Chester River.  The 100' shore buffer will contain multi-layered forest vegetation.  The 100' shore buffer to be established along the Chester River will be almost two miles long.  Minimal (50' or less) or no buffers of any width currently exist along the Chester River shoreline.  The establishment of a multi-layered forested 100' buffer along almost two miles of shorefront will enhance water quality, resource and habitat values on site and along the waters adjacent to the site by providing for the uptake of nutrients and other pollutants contained in runoff, as well as providing extensive wildlife habitat areas which currently do not exist on the property. Binder Exhibits 13, 14, 15, 16 and Certification of Compliance, Michael J. Klebasko, and incorporated herein this Resolution by reference.
 

(d) The establishment of a fully forested 100' buffer along all tributary streams on the property.  Limited buffers of less than 100' in width currently exist along the site’s tributary streams, which are generally bordered by active agricultural fields.  The establishment of a forested 100' buffer along tributary streams will enhance water quality, resource and habitat values on the site and along the waters adjacent to the site by providing for the uptake of nutrients and other pollutants contained in runoff, as well as providing extensive wildlife habitat areas which currently do not exist on the property.  Binder Exhibits 13, 14, 15, 16 and Certification of Compliance, Michael J. Klebasko, and incorporated herein this Resolution by reference.

(e) Additional County Standard Shore Buffer Requirements.  In addition to the requirements of subparagraphs (a), (b), (c), and (d) above, which were part of the conditions established by Critical Area Commission the County will require as a condition of approval that the County standard shore buffer be established from the edge of tidal waters on tidal wetlands along the Chester River and shall average no less than 150 ft. landward therefrom.

(f) The use of Best Management practices for stormwater. Best Management Practices for stormwater are to be utilized during the development of the Four Seasons that provide habitat benefits such as bio-retention, shallow marshes, extended detention wetlands and pond wetland systems.  Binder Exhibits 13, 14, 15, 16 and Certification of Compliance, Michael J. Klebasko, and incorporated herein this Resolution by reference.

(g) The preparation of a Buffer Management Plan.  K. Hovnanian will prepare a Buffer Management Plan which will describe specific plantings and other improvements necessary in the Buffer to enhance the functions of the Buffer.  The Buffer Management Plan is subject to the approval of the full Critical Area Commission.  Binder Exhibits 13, 14, 15, 16 and Certification of Compliance, Michael J. Klebasko, and incorporated herein this Resolution by reference.

(h) The use of shore erosion control measures.  The use of structural shore erosion control measures is limited only to those areas where structural erosion control currently exists on the site.  All  new erosion control measures shall be nonstructural.  Because nonstructural erosion control measures consist of planting of marsh grass, additional fish and animal habitat will be created, thus enhancing resource and habitat values. Binder Exhibits 13, 14, 15, 16 and Certification of Compliance, Michael J. Klebasko, and incorporated herein this Resolution by reference.

(i) Provisions for significant and substantial open space.  A significant portion of the total site will remain in open space, and not be developed.  Unquestionably, retaining acreage in open space, much of which is buffers to be reforested, will provide substantial enhancement to water quality, resource and habitat values on the site.  Binder Exhibits 13, 14, 15, 16 and Certification of Compliance, Michael J. Klebasko, and incorporated herein  by reference.  However, because of the importance of such open space to water quality, resources and habitat values, the County will require as a condition of approval that the number of single-family dwellings be reduced to no more than 930, that the number of for sale, age restricted condominiums and townhouses be increased to no more than 420, that the development incorporate design modifications to better cluster development and that the amount of open space in the interior portion of the project be increased.  (In order to address aesthetic concerns of the surrounding communities and to enhance view corridors to the water, any additional multi-family units above one-story will be required to be located on the east side of Cox Creek).

2. The recommendations of the Wildlife Division (formally Maryland Fish, Heritage and Wildlife Administration) of the Department of Natural Resources have been incorporated into the plan design.  Said recommendations include planting of hardwood trees along the Cox Creek buffer and deed restrictions protecting the afforested areas. The maintenance of the tidal pond along the Chester River in a natural and “park-like” setting; and the creation of forest interior dwelling bird habitat along almost the entire 300' buffer along Cox Creek and by increasing the buffers around the tidal pond adjacent to the Chester river and by agreeing to eradicate the noxious plant Phragmites from around the tidal pond.

3. The Four Seasons will not result in adverse impacts on water quality;

4. The Four Seasons will conserve fish, wildlife and plant habitat;

5. The Four Seasons is designed to enhance water quality, resource and habitat values on the site and in the area;

6. The Four Seasons protects habitat protection areas by minimizing adverse impacts to habitat protection areas through avoidance and mitigation;

7. The Four Seasons optimizes benefits to water quality through the use of Best Management Practices, such as bio-retention, shallow marshes, extended detention wetlands, pond wetland systems and extensive afforestation of the 100' to 300' buffers.

8. The Four Seasons protects historic water fowl staging and concentration areas located in the Chester River, as provided for in part three: plant and wildlife habitat protection, Queen Anne’s County Chesapeake Bay Critical Area Program by providing forested buffers along the Chester River, by increasing the buffers around the tidal pond adjacent to the Chester River and by agreeing to eradicate (as required by the critical area commission) the invasive plant Phragmites from around the tidal pond.

9. The Four Seasons meets or exceeds all applicable requirements of and is consistent with the Queen Anne’s County Chesapeake Bay Critical Area  Program and Act, including its purposes,  with respect to water quality, resources and habitat.
 

d.  In addition to the reasons previously discussed herein, the Growth Allocation Amendment Petition is consistent with the purposes of the Queen Anne’s County, Chesapeake Bay Critical Area Protection Program (County Code 14-177(f)(2)(i) for the following reasons:

1. The Four Seasons is located in areas pre-mapped for growth allocation.

2. The Four Seasons is a “cluster development” as defined by the Queen Anne’s County Code, Article 18, Land Use and Development.

3. The Four Seasons is located in the Stevensville and Chester Growth Areas.

4. The Four Seasons Concept/Sketch Plan has been approved by the Queen Anne’s County Planning Commission.

5. The Chesapeake Bay Critical Area program amendment for the Four Seasons has been approved by the Chesapeake Bay Critical Area Commission.

6. The amount of growth allocation to be used for the Four Seasons has been computed consistent with the policies established in the Queen Anne’s County Chesapeake Bay Critical Area Program, page 21.

7. The Four Seasons limits to the extent practicable, the amount of land needed for growth allocation by protecting more than three miles of shorefront with a 300' buffer.  By including a 300' buffer on such an extensive amount of shoreline, Queen Anne’s County reduces the amount of growth allocation it would otherwise be required to deduct by approximately 85 acres.  Additionally, the inclusion of a 300' buffer along Macum Creek allows the County an opportunity to “recapture” growth allocation which was previously awarded to part of the Subject Property.

8. In addition to the matters discussed hereinabove, the County shall impose a number of additional conditions on this approval all of which are designed to meet the concerns of County citizens, minimize the environmental impact of the project, foster good land stewardship, insure the subject property will not be over developed, assure that public facilities, including schools, roads, sewer and water and emergency services are not overly burdened by this development and generally to enhance the design and impact of the project.

2.  Make all reasonable efforts to retain the 80-bed assisted living facility within the  proposed project, or an equivalent assisted living facility or comparable use be provided off site. Should this condition be unachievable, a complimentary health care related use must be agreed to prior to the execution of the Development Rights and Responsibilities Agreement.

3. The overall residential  density for the subject property(s) shall not exceed 1,350 dwelling units.

4. The number of for sale-age restricted single-family dwellings shall be reduced to  no more than 930, and the number of for sale-age restricted condos/townhomes shall be increased to no more than 420.  The additional for sale-age restricted multi-family unitsabove one story must be located on the east side of Cox Creek.  The development
must incorporate design modifications to better cluster development and increase the amount of open space in the interior portion of the project.

5. An average 150 ft. County standard shore buffer shall be established from the edge of tidal waters or tidal wetlands along the Chester River.  Conditions # 24 (b) and (c) shall also apply within this buffer.

6. The Petitioner shall dedicate approximately 5.5 acres of land for the Cross-Island  Trail Park area as depicted in the Record. In addition, the Petitioner shall dedicate  approximately 27.5 acres of additional park land, at least part of which shall be on-site and any area off-site shall be in a location suitable to the County Commissioners.

7. Grading of the property will be engineered to direct runoff and sheet flow from all newly created impervious surfaces into stormwater management facilities or devices to manage quantity control and to improve qualitative discharge prior to release into natural outfall points around the property.  All stormwater management ponds shall be created by appropriately grading and landscaping to blend aesthetically with the natural surroundings and to provide habitat for native wildlife.

8. The Petitioner shall increase the setback for the 55 ft. tall multi-family buildings adjacent to the existing roads on the Bayside property line.

9. The storage and maintenance area be deleted and replaced with a victory garden as generally depicted in the Record.

10.  An extensive landscape buffer abutting the Bayside, Queens Landing and  Castle Marina neighborhoods be provided, as generally depicted in the Record.

11.  The Petitioner shall construct, at its cost, a pedestrian path along Castle  Marina Road to connect Bayside and Castle Marina communities with the Cross Island Trail.

12.  The Petitioner shall enter into a legally binding Development Rights and  Responsibilities Agreement with the County prior to filing for final plan approval. Said agreement is to be consistent with the Comprehensive Plan as well as the Stevensville and Chester Growth Area Plans; provide for the recapture of growth allocation in the event the project does not proceed as provided in the Agreement or in a manner consistent with these conditions, or any conditions associated with site plan or subdivision approval.  The Agreement shall be subject to the approval of the County Commissioners.  It is anticipated that the Developer will make commitments, financial and otherwise, in the Developer Rights and Responsibilities Agreement which will adequately compensate the County for the
 anticipated grant of Growth Allocation.  In the event a Developer Rights and Responsibilities Agreement acceptable to the County in its sole discretion is not executed, all Growth Allocation shall be recaptured and all County approvals contemplated herein shall be null and void.

13. The 150 ft. and 300 ft. standard shore buffers shall be measured from State  tidal wetlands, or the mean high water lines, and must be field verified during preliminary subdivision design.

14. The Petitioner shall maintain a minimum of 20 ft. of separation between lot lines and grading limits associated with stormwater management ponds.

15.  The Petitioner shall provide a wooded buffer and security barrier between the Castle Marina Subdivision and the Queens Landing Condominium project and the proposed development of the Bell property.

16.  The Petitioner shall provide woodland screening along the Cross Island Trail where necessary.

17.  All buildings and structures be constructed in a manner substantially similar to the architectural style presented.

18.  All long-term protected woodlands be located in the community open space.

19.  Woodland clearing on the individual cluster lots is the minimum necessary to construct a home.

20.   All required mitigation for woodland clearing is provided on site.

21.  The Petitioner shall provide plat notes and a general alignment plan consistent with interior road systems showing the possibility of connecting the project to any future northern connector road as referred to in the Stevensville Community Plan, if and when a regional traffic plan for the area requires the community to be linked to such a northern connector road and /or Benton Road and/or other points to the north and west.  It is understood that any road connecting to the Four Seasons may be gated and access controlled where it enters the Four Seasons property.

22.  The Petitioner shall stabilize the shorelines of the Chester River and Macum Creek as required and allowed by the appropriate governing agencies, and shall remove from the Concept Plan the proposed piers on Macum Creek.  The project shall be limited to no more than one pier.

23.  The Petitioner shall fully comply with all agreements which Petitioner has  entered into with various neighborhood groups adjacent to the Four Seasons and all agreements with the Kent Island Volunteer Fire Department.

24.  On December 6, 2000 the Critical Area Commission approved the Petition for Growth Allocation subject to ten conditions, which are set forth below. Where a Critical Area Commission condition may conflict with a condition contained herein, the more restrictive shall apply. These conditions are as follows:

(a) The new IDA shall be located at least 300 ft. beyond the landward edge of tidal wetlands and tidal waters adjacent to Cox Creek and Macum Creek.  This 300 ft. setback shall not be used for structures, roads, parking, utilities, active recreation areas or stormwater management except as shown on the site plan approved by the Commission.  It may be used for passive recreation.  This setback shall be established in multi-layered forest vegetation.

(b) A fully forested 100 ft. Buffer shall be established from the landward boundary of the structural erosion control measure on the Chester River.  The Buffer shall be established in multi-layered forest vegetation.

(c) A fully forested 150 ft. setback shall be established from the edge of tidal or nontidal wetlands around the tidal pond (adjacent to the Chester River) in order to provide habitat protection.  The edge of tidal or nontidal wetlands from which the 150 ft. setback will be established shall be delineated in the field and approved by Commission staff.  In addition, all phragmites in the area of the tidal pond shall be eradicated and the area established with appropriate native species.

(d) A fully forested 100 ft. Buffer shall be established on each side of all tributary streams, and the stream crossing and any development activity within the Buffer shall be eliminated.

(e) The Commission shall coordinate with the Md. Dept. of the Environment (MDE) and the Dept. of Natural Resources (DNR) regarding the assessment of the environmental impacts associated with a community pier and compliance with the standards set forth in the Critical Area Criteria.  The applicant agrees to ensure that these standards are met and to comply with the recommendations and/or conditions of approval of MDE and DNR regarding the community pier.  The applicant also agrees to comply with MDE regulations for community marinas in COMAR 26.24.04.03G.

(f) Best Management Practices for stormwater shall be located outside of the 100-year floodplain or shall be designed in such a way that a flood event would not inundate the ponds or detention structures causing pollutants to be flushed out unless staff determines after a review of detailed stormwater engineering plans that a superior water quality or habitat benefit can be achieved through other techniques.

(g) At least half of the site shall incorporate Best Management Practices for stormwater that provide habitat benefits in addition to water quality benefits.  Best Management Practices that provide habitat benefits include bioretention, shallow marsh, extended detention, wetlands, and pond/wetland systems.

(h) Shoreline access within the approved setback and/or Buffer shall be designed and constructed to minimize impacts to the 100 ft. Buffer and to maintain the “Resource Conservation Area” character of the setback and/or Buffer.  Pathway widths shall be limited to six feet in width (including the path itself and associated clearing) within the setback and should be constructed of pervious or semi-pervious materials wherever possible.  Tree canopy shall be  maintained over pathways.  Prior to recordation of any subdivision plats or final approval of any site plans, building permits, or grading permits, a Buffer Management Plan for the entire Buffer and/or setback area of the project shall be reviewed and approved by the full Critical Area Commission.

(i) Structural shore erosion control measures shall be limited to those that currently exist on the site.  If additional erosion control measures are warranted, non-structural measures shall be used.

(j) The final plan for the Four Seasons at Kent Island growth allocation request that is approved shall contain each of the conditions of this approval and shall be submitted for review by the Critical Area Commission.

25.  The Petitioner shall execute and record among the Land Records of Queen Anne’s County covenants and restrictions which shall run with and bind the Subject Property, which at a minimum will include provisions which implement the conditions of approval of growth allocation; provide for perpetual maintenance of the common areas, buffer and natural areas within the Four Season; provide for funding for common areas, roads, community facilities and other costs associated with the Four Seasons; and, provide for ongoing funding for emergency services as outlined in February 5, 2001 letter from the Petitioner to the Kent Island Volunteer Fire Department.  The covenants and restrictions shall be subject to the review and approval of the County Attorney.

____________________________
Marlene F. Davis 
 

_____________________________
John T. McQueeney

 KIDL Web Guy asks regarding number 2 below:  what is status of "a complimentary health  care related use must be agreed to prior to the execution of the Development Rights and Responsibilities Agreement. "   If this issue was not taken care  of, is DRRA invalid?  Should it have ever have been signed? 

" 2.  Make all reasonable efforts to retain the 80-bed assisted living facility  within the  proposed project, or an equivalent assisted living facility or  comparable use be provided off site.  Should this condition be unachievable, a  complimentary health care related use must be agreed to prior to the execution  of the Development Rights and Responsibilities Agreement. "  end quote

Note the words MUST and PRIOR.   COMPLIMENTARY is an interesting word too.
Where is the "off site" location of the "agreed to prior" (to signing the DRRA) complimentary health care facility?  Street address please.  Thanks, KIDL Web Guy