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KENT COUNTY, MARYLAND
PLANNING AND ZONING
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What does the Department do? The Department of Planning and Zoning serves the present and future inhabitants of Kent County, Maryland by:
These general goals are carried out by the following basic duties of the planning office: Where is it located, and what are its hours? The Department of Planning and Zoning is located at:
The office is open from 8:30 AM to 4:30 PM, Monday - Friday. Who works for the Department?
The Department of Planning and Zoning is responsible for the administration of several Kent County programs, many of which are mandated by the state. When possible, the staff is involved in the creation as well as the implementation of the programs. Programs include: Agricultural Land Preservation Program The purpose of this program is to preserve productive agricultural land and woodland and ensure that these resources will be available for future production of food and fiber for the citizens of the State. The program is completely voluntary on the part of the landowners and is dependent upon the cooperation of local governments. It is the responsibility of the Department to promote participation in the program by local landowners; to assist property owners through the process including assistance with applications; to advise the Agricultural Preservation Advisory Board, Planning Commission, County Commissioners and Maryland Agricultural Land Preservation Foundation of the appropriateness of each application; to act as a liaison with the Foundation; to monitor on a yearly basis, easement properties for compliance with the easement agreement; and to maintain records and an official map of all Agricultural Land Preservation Districts and Easements. In addition, the Department acts as staff to the local Agricultural Preservation Advisory Board. Critical Area Program The purpose of the Critical Area Program is to establish a resource protection program for the Chesapeake Bay and its tributaries by fostering more sensitive development activity for certain shoreline areas so as to minimize damage to water quality and natural habitats. The planning staff has been involved in the program since its inception. Staff reviewed and continues to review all legislation pertaining to the program, works with the Commission on the criteria and amendments. The current Scope of Work outlines the general responsibilities of the Program. Floodplain Management Program The purpose of this program is to:
The program provides a unified comprehensive approach to floodplain management which addresses the natural functions of the floodplain and the requirements of Federal and State programs concerned with floodplain management. For county properties to be eligible for floodplain insurance, the County must maintain a floodplain management program approved by the Federal Emergency Management Agency and the State of Maryland. The planning and zoning staff reviews subdivisions, site plans and building permits with respect to the floodplain ordinance, assists property owners, developers, real estate agents and mortgage bankers to determine the floodplain designation and applicable regulations. Forest Conservation Program The purpose of this state mandated program is to maximize the benefits of forest in a cooperative effort with development, thereby retaining forest land and improving the environment in Kent County. The planning staff is responsible for determining when the ordinance applies, determining what delineation and plans are necessary and enforcing the approved project plans. The Department administers and enforces the House Numbering System. New numbers are assigned and new road names are approved by the planning office. A database is maintained which includes all road names and house numbers. On a quarterly basis, updated lists of house numbers are provided to the 911 Board, Post Office, Treasurer's Office, and Assessment Office. Housing Improvement Program In 2006, the Department of Housing and Community Development was combined with the Department of Planning and Zoning to create one Department. A new Housing Planner will be responsible for applying for Community Development Block Grants and implementing the Housing Improvement Program. Over the years, the County has used this Program to rehabilitate substandard housing units for qualified homeowners. Sediment Control The purpose of the sediment control program is to safeguard life, limb, property and public welfare by establishing minimum requirements for stripping, excavating, and filling; for control of soil erosions and sediment; and to establish procedures by which these requirements are to be administered and enforced. The Department is responsible for the development, implementation, and enforcement of the sediment control ordinance. It issues permits after the Soil Conservation District reviews and approves formal plans. For small projects, (generally under 20,000 square feet of disturbance), the planning office approves a standard sediment control plan. Construction (roads, dwellings, commercial and industrial sites, and shore erosion protection works) and logging sites are inspected every two weeks for compliance with the approved sediment control plan and ordinance. The planning office administers the sediment control program in the unincorporated portions of the county and within the incorporated towns of Galena, Betterton, Millington, and Rock Hall. It acts as the county's liaison with the Stormwater and Sediment Control Division of the Maryland Department of the Environment which reviews the sediment control program annually. Stormwater Management The purpose of the stormwater management ordinance 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. The planning office drafted the ordinance and is responsible for preparing any amendments to it. The Soil Conservation District reviews stormwater plans, inspects stormwater devices and enforces the ordinance. For small projects, a standard stormwater management plan can be used. This is a state mandated program. The Department receives, reviews and approves permits for building, change in use, sediment control and new signs. Applications are available and are returned to the planning office. Those who need help filling out the application may do so in the planning office, where staff answers questions, takes permits and fees. Once received, the permit is forwarded to appropriate agencies, such as the Health Department, Building Inspector, Department of Water and Wastewater Services, County Roads or State Highway Administration, or Soil Conservation District. Staff reviews permits for consistency with floodplain, Critical Area, and Land Use Ordinance regulations. Staff maintains information on the status of permits and eventually issues the permits. Copies of the issued permits are sent to the Assessment Office. The original permit is kept in the planning office for future reference. Site Plan Review Site plan review is required for new and expanding industries, new and expanding commercial uses, new and expanding marinas, public uses, multi-family dwellings and most special exceptions. A site visit is always required, usually prior to Technical Advisory Committee review. For site plan review procedures, click here. Subdivision All proposals to adjust boundary lines or to divide land must be reviewed by the Technical Advisory Committee and approved by either the Director of Planning or the Planning Commission. For review procedures for major and minor subdivisions click here. An adjustment of lot lines follows the same procedure as a minor subdivision. Staff visits each site as a part of the routine review. Variances and Special Exceptions The Planning Commission reviews most special exceptions and variances for consistency with the Comprehensive Plan and Land Use Ordinance. Planning staff receives the application, schedules the application for review, prepares staff recommendations (after a site visit), forwards the application and Planning Commission recommendation to the Board of Zoning Appeals, and posts notices for the Board of Zoning Appeals hearing. Administrative variances and special exceptions: The Planning Director, or the Director's designee, may authorize upon application a public hearing for certain variances and special exceptions. Capital Projects As a part of the capital improvement program, the planning staff provides written comments on each project proposed for inclusion in the capital improvement program for consistency with the Comprehensive Plan and when possible current ordinances. State Clearinghouse Review Projects involving state or federal money receive clearinghouse review. The planning office reviews project descriptions and review forms and forwards them to other agencies as may be appropriate. When all comments are received, the planning office returns the comments to the Maryland Department of Planning. To Citizens of Kent County The planning staff is available to answer questions from the general public on a wide range of issues including but not limited to:
When staff cannot answer the questions, the citizen is referred to the appropriate local, state, or federal agency. For simple inquiries, first try linking to the Frequently Asked Questions section. To Other Departments and Agencies The Department receives and develops demographics, trends, statistics, and maps for the County. This data is available for use by citizens, businesses, and other county departments. Staff prepares maps, charts and other graphics as may be requested by other county departments. When surveys have been needed, staff has designed, conducted and analyzed the survey. To the Planning Commission The Planning Commission reviews most subdivisions, site plans, special exceptions, and variances. Prior to each meeting, the planning staff visits each site and prepares for the Planning Commission members a memo on each project which describes the project, applicable law, applicable sections of the Comprehensive Plan, relevant issues and lists comments from TAC. When requested, staff meets with individual members prior to the meeting to discuss the applicable law. Staff provides a recommendation on all projects. Staff sets the agenda, posts notices, and maintains minutes for each meeting. The Planning Commission may direct its staff to conduct studies, prepare ordinances, and to research special topics relating to planning. To the Board of Zoning Appeals While not technically staff to the Board of Zoning Appeals, the planning staff receives applications, posts all notices of Board hearings, and attends all meetings to answer any questions the Board may have concerning the application. To the Agricultural Advisory Commission The planning office serves as staff to the Agricultural Advisory Commission. The Planning Director forwards any proposals or zoning changes which affect agriculture to the Commission for comment. In addition, the Commission recommends proposed changes or programs for improving the Comprehensive Plan, Land Use Ordinance or other changes to programs which would improve and promote agriculture in Kent County. Staff sets agendas, takes minutes, maintains records of the Commission's activities and conducts any studies requested by the Commission. To the Agricultural Preservation Advisory Board The Department is staff to the Agricultural Preservation Advisory Board. Staff sets the agenda, takes minutes, and maintains records of the activities of the Board. To the Agricultural Resolution Board The Department is staff to the Agricultural Resolution Board established by the Right-to-Farm law. The role of the Board is to arbitrate and mediate disputes involving agricultural operations and issue findings concerning whether or not such operations are conducted in a manner consistent with generally accepted agricultural practices. The planning staff investigates complaints, prepares staff reports and records and maintains minutes of the Board. To Review Draft Legislation The planning staff reviews state and federal legislation which may have an affect on planning activities including Critical Areas, Forest Conservation, sediment control, agricultural land preservation, and wetlands. When appropriate, staff prepares testimony for the County Commissioners or presents testimony before the General Assembly. Staff also reviews local legislation for consistency with the Comprehensive Plan and possible affects on planning. When appropriate, staff offers comments. Preparation, Enforcement, and Implementation of Plans, Ordinances, and Policies Ordinances, plans and policies are prepared for adoption by the planning staff. The staff participates in all hearings (at least two—one before the Planning Commission and one before the County Commissioners) and holds information meetings when necessary. Once adopted, the planning office implements, enforces, and updates the ordinances and plans. The staff is responsible for the following plans and ordinances: Adopted in 2006, the Kent County Comprehensive Plan is the principle document outlining county direction, policy, and action regarding land use. It has been designed as a policy statement, which can be valid in the face of change over many years. Properly used, the Plan is the basis for decision-making at all levels of government and will guide the private sector towards beneficial and profitable activities affecting land and people. While the water and sewer plan and land use ordinance, provide greater detail, they must be in compliance with and conform to the Comprehensive Plan. The planning staff refers to the Comprehensive Plan when conducting the review of site plans, permits, and subdivisions. Adopted in 2002, the purpose of the Land Use Ordinance is to implement the Comprehensive Plan and to promote the health, safety, and welfare of the present and future inhabitants of Kent County. The Land Use Ordinance was drafted by a work group consisting of the Planning Commission and other appointed county citizens. It is considered an unified development ordinance in that it contains, in a single document, all land use related ordinances, such as zoning, subdivision, site plan, forest conservation, sediment control, stormwater and floodplain management. It was reviewed and approved by the Planning Commission and adopted by the County Commissioners. The planning office acted as staff to the work group, Planning Commission, and County Commissioners producing revised drafts and maps, providing background information and scheduling meetings. Numerous public information meetings were held throughout the County prior to the public hearing held by the Planning Commission and again prior to the hearing before the County Commissioners. The planning staff was responsible for scheduling and conducting all informational meetings and hearings except the one held by the County Commissioners. The planning office is charged with its implementation, which includes amendments, violations, permit review, project review and citizen information. When a possible violation of the Land Use Ordinance is noticed or reported, the planning staff investigates the site to determine if the property is in violation. If it is, a letter is sent to the owner notifying them of the violation and giving fifteen days to correct the violation. If this is not corrected or an extension granted, a second letter is sent. If it is still not corrected, a civil citation may be issued or the case referred to the attorney for action in District Court. On a daily basis, property owners, real estate agents, and developers come to our office asking for the zoning of the property, possible uses for the property, yard requirements and interpretations of the Land Use Ordinance. The staff spends as much time as necessary answering these questions and many times a visit to the property is necessary. All building, use, and sign permits are reviewed for consistency with the Land Use Ordinance. Site plans and subdivisions are also reviewed for consistency with the Land Use Ordinance. In addition to the ordinances above, the planning office participates in the preparation of other plans and ordinances, such as the Capital Improvement Program, Water and Sewer Plan, and Land Preservation and Open Space Plan. While not primarily responsible for these plans, staff reviews each plan for consistency with the Comprehensive Plan and provides maps and county demographics as may be requested. Other Activities In addition to these general activities, the planning staff participates in state and federal planning activities such as the Upper Eastern Shore Tributary Strategies Team, the Stories of the Chesapeake Heritage Area, the Chesapeake Country National Scenic Byway, the Maryland Comprehensive Preservation Plan, and Coastal Zone Management Program. The Department has also worked on two Watershed Restoration Action Strategy Plans - one for the Upper Chester River and one for the Middle Chester River. The planning staff was responsible for working with the Maryland Department of Planning and the U.S. Census Bureau prior to, during and after the 2000 Census. Staff reviewed district boundaries, maps showing existing dwellings, pre-census housing counts, post-census housing and population counts. The staff is working with the Maryland Department of Planning to develop population projections. Kent County Department of Planning & Zoning © Kent County, Maryland, U.S.A. Information is for personal use only. Any redistribution of this information is strictly prohibited without permission from Kent County, Maryland. Kent County shall make all efforts to ensure that the Kent County Planning Commission Home Page and its links are accurate and up-to-date. However, Kent County shall not be liable for any errors, inaccuracies, omissions, or untimeliness of the information contained herein. |
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