Part B Guidelines for the Preparation of a Natural Resource Inventory
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Part B Guidelines for the Preparation of a Natural Resource Inventory 1.0 INTRODUCTION A Natural Resources Inventory (NRI), as defined in Subtitles 24 and 27 is: “A plan map and supporting documentation or letter that provides all required information regarding the existing physical and environmental conditions on a site that is approved by the Planning Director or designee as described in the Environmental Technical Manual as approved and amended from time to time.” An NRI is a detailed inventory of the lots or parcels or combination of lots and parcels that will be the subject of a development application. It provides detailed information on the land, ecological resources, and hydrologic resources, as well as any existing structural features of a site. The primary purpose of an NRI is to provide a base plan to be used in the design of the site for land development proposals. It is also used by regulatory agencies for review with various development applications. There are five (5) types of NRIs; however, an NRI is not a substitute, exemption or waiver from the requirements of Subtitle 25, Division 2, Woodland and Wildlife Habitat Conservation Ordinance (WCO). 1.1 NRI APPLICABILITY The following provides clarification of the types of applications that do and do not require a NRI. 1.1.1 Applications That DO Require Submittal of a NRI An approved NRI is required to be included in the following applications: • Preliminary Plan of Subdivision • Chesapeake Bay Critical Area Conservation Plan • Type 2 Tree Conservation Plan applications to establish a Woodland Conservation Bank • Stormwater Management IF the project does not meet the criteria listed in section 1.1.2. • Sediment & Erosion Control IF the project does not meet the criteria listed in section 1.1.2. • Zoning IF the project does not meet the criteria listed in section 1.1.2. 1.1.2 Applications That DO NOT Require Submittal of a NRI The following applications listed in the below table do not require a NRI to be included in the application package if the project meets the criteria indicated in the table below. For these applications, supplemental information regarding existing conditions of the site may be required. All applications must state the area of the proposed limit of disturbance. The Planning Department, in cooperation with Department of Permitting, Inspections and Enforcement (DPIE) and the Prince George’s Soil Conservation District(PGSCD) reserve the right to require a NRI later in the review process if it is determined that the NRI is needed to complete the review. Should it be discovered during the review process that an application requires a NRI to conduct a complete review, the appropriate type of NRI will be required prior to approval of the application. Table 1 Applications that DO NOT Require an NRI APPLICATION CRITERIA TYPE GRADING PERMIT An NRI is not required to be included in grading or building permit applications. APPLICATIONS STORMWATER An NRI is not required to be included in stormwater management applications and sediment & MANAGEMENT AND erosion control applications IF: SEDIMENT & EROSION APPLICATIONS (a) the development activity is exempt from the requirements of the Stormwater Management (for certain projects) Ordinance per Section 32-174 (a) of the County Code; and (b) the limits of disturbance as shown on the proposed site plan will not disturb regulated sensitive and/or environmental features (streams, stream buffers, wetlands, wetland buffers, Marlboro clays, Christiana clays, 100-year floodplain and/or adjacent steep slopes). ZONING (DEVELOPMENT An NRI is not required to be included in development review division applications for site plans REVIEW ) APPLICATIONS FOR SITE PLANS • Conceptual Site Plan • Comprehensive Design Plan • Detailed Site Plan • Specific Design Plan • Special Exception Site Plan IF the project will not require a grading permit (per Section 32-127(a)(6)(A) of the County Code) because the proposed limits of disturbance (LOD) is less than 5,000 square feet and will not disturb regulated environmental features as demonstrated by the LOD on the site plan: If disturbance is proposed, these applications are required to show the LOD and its calculated area on the site plan so there is no delay in the review process. MANDATORY REFERRAL An NRI is not required to be included in a Mandatory Referral application. During the APPLICATIONS Mandatory Referral review, staff will review the proposed project and determine if an NRI will be required with future phases of the development process. STAND-ALONE An NRI is not required to be included in a stand-alone type 2 tree conservation plan application TYPE 2 TREE that is not for the establishment of a woodland conservation bank; however, a Forest Stand CONSERVATION PLAN Delineation (FSD) is required. An NRI may be required with future phases of the development process. WOODLAND An NRI is not required to be included in a woodland conservation letter of exemption CONSERVATON LETTER application; however, a NRI may be required with other phases of the development process such OF EXEMPTION as approval for stormwater management. For this application type, a Forest Stand Delineation APPLICATION (FSD) may be required. If a NRI is not required, no NRI application is required and written verification will not be provided by M-NCPPC staff. 1.2 SUBMITTAL REQUIREMENTS FOR GRANDFATHERED PROJECTS An NRI approved prior to September 1, 2010, does not grandfather a development project from the current submittal requirements of Subtitle 32 and the environmental requirements of Subtitle 24 and 27. Effective September 1, 2010, a Development project subject to Subtitle 24 and 27 is grandfathered from the requirement to submit an NRI if all required development applications have been approved by the Planning Board, Zoning Hearing Examiner, or District Council prior to September 1, 2010, and the appeal periods have not expired; or if there is Preliminary Plan of Subdivision for that portion of the project approved prior to September 1, 2010, which has not completed subsequent processes such as final plat or site plan. This only applies to zoning (development review) applications, not stormwater concept or erosion and sediment control applications. In summary, a. Any new preliminary plan application submitted and/or approved after September 1, 2010 is not grandfathered and must include an approved NRI in the submission package. b. Any new site plan application (CSP, CDP, DSP, SDP and SE) submitted and/or approved after September 1, 2010 is not grandfathered and must include an approved NRI in the submission package unless it meets the criteria of section 1.1.1 for site plans. c. Any new site plan application with an approved preliminary plan for the proposed development, that was approved prior to September 1, 2010, is grandfathered and does not have to include an approved NRI unless there is a significant change in the proposed LOD. d. Any revisions to a previously approved and grandfathered site plan is grandfathered from the NRI submission requirements provided that the proposed revisions are in substantial conformance with the findings associated with the previously approved and grandfathered preliminary and/or site plans. 1.3 TYPES OF NRIs There are five (5) types of NRIs. The type of NRI that can be submitted depends on the location and type of project proposed. These various types of NRIs were developed to streamline the amount of information required based on the proposed project. In some cases, the amount of time needed to prepare certain types of NRIs and the review time may also be reduced. Each type is listed below: • NRI Equivalency Letter (NRI-EL) Types 1 and 2 • Full NRI (NRI-FL) • Intermediate NRI (NRI-IN) • Limited NRI for Governmental and/or Linear Projects (NRI-LM) • Chesapeake Bay Critical Area NRI (NRI-CB) The required information needed to evaluate each NRI varies. The requirements for preparation of the Full, Limited, Intermediate and CBCA NRIs are combined into one checklist provided in Appendix B-1. The type of NRI plan submitted must be specified. There is no preparation checklist for the NRI-EL, however the required items are provided on the application. The final determination, review and approval of the type of NRI that is appropriate for each application type is completed by the Planning Director or designee. Each type of NRI application and the criteria for acceptance of each type are provided in the following section. 1.3.1 NRI Equivalency Letter (NRI-EL) The NRI-EL is a written confirmation of the existing conditions of a site. It is not an exemption or waiver from NRI approval. An NRI-EL is the simplest form of an NRI because it requires the least amount of information to prepare and submit; and is intended to have a reduced review period. NRI-ELs are solely issued based on the proposed project. If the project changes, a revised or new NRI-EL may be required. At a minimum, a proposed site plan, signed by a qualified professional, at a legible scale showing the proposed limits of disturbance (LOD) must be included. Additional information may be requested as needed; however, for NRI-EL issuance, DPIE will verify the presence of floodplain at the time of stormwater management site development concept plan review. If floodplain is determined to be present, a full NRI or floodplain study may be required. The land area to be included in the NRI-EL request must encompass the entirety of the legal limits of lots and/or parcels that will be part of the land development, erosion and sediment, or stormwater site development concept plan applications. There are two types of projects that can use an NRI-EL to meet the submittal requirements: Table 2 NRI-EL Project Type Criteria Type 1 a.