(A) Purpose. The ridges and crests surrounding Deep Creek Lake create a series of scenic views from the lake and shoreline. The Scenic Protection District is an overlay district intended to preserve views of these features and thereby protect the natural beauty of the area.
(B) Designations and applicability.
(1) The Scenic Protection District is an overlay district. Its requirements supplement the requirements of the underlying zoning district and apply to all land delineated as a scenic protection area on the zoning map.
(2) This overlay district applies to areas in which all or part of a structure constructed thereon could be silhouetted along the skyline when viewed from Deep Creek Lake or its shoreline. The intent is to minimize the placement and visual impact of structures that would be silhouetted against the sky.
(3) Development that is not visible from any point along the shoreline or surface of Deep Creek Lake shall be exempt from the requirements of this overlay district. The burden shall be upon the applicant for development to demonstrate that the proposed development will not be visible from these points. An applicant may submit a viewshed analysis to demonstrate the lack of visibility of the project. Based upon the analysis, the Zoning Administrator shall determine whether the proposed development is exempt.
(4) The provisions of this District apply to the issuance of zoning permits for construction or replacement of a principal structure. These provisions shall not be applicable to accessory structures or additions to existing structures.
(C) Tree retention and planting.
(1) Purpose. Trees must be retained or planted around new principal structures as required below to retain the lake's forested crests and ensure that new principal structures on the crests or ridges blend into the natural landscape. To allow views of the lake from homes, trees are not required between a structure and the lake.
(2) Vegetation plan required. A vegetation plan shall be included with all applications for a zoning permit or subdivision plat approval. The vegetation plan shall show:
(a) Location, size and species of existing trees to be retained;
(b) Location, size and species of existing trees to be removed;
(c) Proposed trees to be planted, including their species, size at time of planting, and expected size at maturity; and
(d) Proposed grading.
(3) Tree retention.
(a) To the greatest extent possible, existing forests and trees shall be retained on the crests and ridges surrounding Deep Creek Lake.
(b) Priority shall be given to retaining and protecting trees that are 6 inches or more in diameter.
(4) Minimum tree standards. The following requirements apply to construction or replacement of a principal structure.
(a) For purposes of this section, a large canopy tree is a deciduous tree with the following characteristics:
Expected height at maturity | Expected crown diameter or limb spread at maturity | |
Large canopy tree | More than 40 feet | More than 35 feet |
(b) If mature forests will be retained around a proposed dwelling in a manner that will meet the intent of this division (C), a specific number of trees is not required.
(c) Trees shall be retained or planted to the sides and rear of proposed structures, as viewed from the lake. At least 1 deciduous, large canopy tree shall be planted per 15 linear feet of building facade, based upon the sum of all building facades that do not face the lake.
(d) This section establishes a minimum number of required trees, but shall not be construed to require trees in a specific arrangement or location. The placement of trees shall be designed to meet the intent of this subsection. The specific location of trees will vary based upon the features of the particular lot.
(5) Maintenance of landscaping. Where tree planting or retention is required by this section, a tree protection easement shall be required for approval of a building permit for a principal structure. The easement shall:
(a) Require protection of trees and vegetation and require planting of new trees to replace trees that are cut or die;
(b) Be granted to and enforceable by the county;
(c) Run with and bind the land, the grantor, and the grantor's successors; and
(d) Be recorded in the Land Records before issuance of a building permit.
(6) Tree size. Trees planted to meet the requirements of this section shall be at least 8 feet tall at time of planting.
(7) The following guidelines shall be used in meeting the intent of this section:
(a) Reasonable efforts should be taken during construction to maximize the protection of trees. Care is needed not only to minimize the cutting of trees, but also to avoid accidental damage that will cause trees to eventually die. Measures should be used to make sure that equipment does not damage tree trunks, that roots are not compacted by vehicles and that the grade level around trees is not changed by more than 6 inches. Temporary wooden barricades or wire fencing shall be placed below the “dripline” of trees (the area located directly under the outer circumference of the tree branches) to protect the root system from being compacted by vehicles or material storage.
(b) Plant native trees suitable for the Deep Creek Lake Area. The publication, Maryland Native Plants: Plant Lists for Maryland Regions - Mountain Region, by the National Park Service, should be used in tree selection. This publication is available from the Zoning Administrator.
(Res. 2010-7, passed 5-25-2010)