(a) Scope. The OS-C – Open Space Conservation Overlay is an overlay that applies to the following habitats or features located in an Open Space District:
(1) Forest Interior Dwelling Species ("FIDS") Habitat, as defined in subsection (c); or
(2) environmentally sensitive features, as defined in Article 17 of this Code, including, but not limited to, tidal and nontidal wetlands, bogs, 100-year floodplains, streams, steep slopes, and all associated buffers.
(b) Purpose. The purpose of the OS-C Overlay is to protect and preserve FIDS Habitats, tidal and nontidal wetlands, bogs, 100-year floodplains, streams, steep slopes, and all associated buffer areas created by this Code. These purposes include, but are not limited to, protecting and preserving floodplains and wetlands associated with floodplains in their natural state, protecting and preserving streams and bogs in their natural state, protecting and preserving wildlife habitat associated with streams, wetlands, floodplains and bogs, preventing soil erosion and sedimentation in tidal and nontidal waters by protecting steep slopes, protecting and preserving scenic values, and protecting and preserving wildlife habitat.
(c) FIDS Habitat. A FIDS Habitat is any forest tract that is greater than 50 acres with at least 10 acres that is 300 feet or more from the nearest forest edge, or a riparian forest that is at least 300 feet in total width and greater than 50 acres in total forest area.
(d) Other requirements. The requirements of this section are in addition to other requirements of this Code.
(e) Conflict with other law. If any provision of this section conflicts with other County law, the more restrictive provision shall prevail.
(f) Variance required. The requirements of this section may be altered only by variance as provided in this Article and Article 3 of this Code.
(g) Violations and enforcement. Violations of this section shall be enforced by the Department of Inspections and Permits under the provisions of Article 16 and Article 18 of this Code.
(h) Existing uses. Uses permitted in an OS-C District that were in existence on October 1, 2012 may continue except that intensification or expansion shall be in accordance with the provisions of this Code. Any use that ceases to exist or ceases operation for 12 consecutive months shall be subject to the provisions of this Code.
(Bill No. 69-12)