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                                                             THE CFTY THAT READS







                                     CRITICAL AREA
                                     BUFFER
                                     RESTORATION
                                     PLANx

       Ln
                                     A PROCESS FOR
                                     USING BUFFER
                                     OFFSET FUNDS

       "N




                                     Prepared by the

                                     Baltimore City Department of Planning

                                     Kurt L. Schmoke, Mayor
                                     Ernest Freeman, AICP, Director



                                     This study was partially funded by the Coastal
                                     Resources Division of the Maryland Department
                                     of Natural Resources through a grantfiom the
                                     National Oceanic and Atmospheric Administration,
                                     Office of Coastal Resources Management.












                                                EXECUTIVE SUHNARY




                    This report provides the first phase of a plan to facilitate the

                    expenditure of funds accumulated in the Buffer Offset Fund, a dedicated

                    fund for restoration of the 100-foot buffer in degraded areas of Baltimore

                    City's Critical Area shoreline. It develops criteria for expending funds,

                    establishes a review and approval process, identifies appropriate sites for

                    buffer restoration, and proposes two prototypical approaches to buffer

                    restoration on public and private land.



                    Baltimore's Critical Area Management Program (CAMP) adopted in 1988 was

                    enacted by State law to protect and improve shoreline habitat and tidal

                    waters of the Chesapeake Bay and its tributaries. The Buffer Offset

                    Program, administered by the Department of Planning, provides opportunities

                    for developers to replace shoreline vegetation displaced by development.

                    Those unable to comply with the Buffer requirements on-site, are required

                    to contribute a fee to the Buffer Offset Fund or propose off-site

                    mitigation. This report sets standards and provides a formal process for

                    selecting and funding these off-site restoration projects.




                    This Buffer Offset Program is designed to offer a number of advantages to

                    both developers and landowners while, at the same time, providing

                    substantial water quality and wildlife habitat benefits. This program

                    incorporates incentives for a much broader participation in buffer

                    restoration than might be expected from a more traditional approach to



                                                     -i-










                    Critical Area mitigation. Indeed, the program proposed in this report

                    solicits input and proposals from every sector of the community interested

                    in the Bay and affected by the health and vitality of the Bay.

                    The analysis consisted of a two-part effort. The first step identified all

                    possible sites that might accommodate buffer enhancement or establishment.

                    A chart summarizing all these sites was developed based on the following

                    seven criteria. They are:

                        1.   Sites characterized as having compacted soils or impervious

                             surfaces and having a strong likelihood that portions of the

                             buffer may be reserved for future planting

                        2.   Sites having vegetated shorelines and good potential for buffer


                             enhancement


                        3.   Greenway areas

                        4.   Sites in, or adjacent to, proposed Habitat Protection Areas

                        5.   Sites adjacent to properties with significant vegetation and/ or

                             wildlife habitat


                        6.   Potential for accommodating a stormwater retrofit project

                        7.   Sites that are likely to be redeveloped

                        8.   Amount of shoreline that can be vegetated with available funds



                    The second part of the analysis identified a range of generalized

                    conditions and site constraints that could affect the design and location

                    of Buffer Restoration projects in an urban setting. These include:


                        Critical Area Lines          Shoreline Conditions


                        Existing Vegetation          Ownership

                        Development Patterns         Topography and Flooding


                                                    -ii-














                    This process provided for  the proposal 'of prototypical approaches to the

                    use of Buffer Offset Funds while taking into account the above six

                    conditions. As a result, two different Buffer restoration approaches

                    evolved from the process. These approaches were based on land ownership


                    and the need to make maximum economic use of a site. The scenarios are

                    illustrated for a hypothetical site within the City's Critical Area. One

                    scenario describes a typical development site, and the second describes a

                    City-owned site (generally parkland).



                    The report recommends that a "Critical Area Awards Committee" be appointed

                    to award Critical Area Buffer Offset Funds to winning entries in an annual

                    competition of buffer restoration projects. The Awards Committee,

                    consisting of representatives from local professional associations,

                    environmental organizations, State and local agencies, and the Critical

                    Area Commission, would be supported by a Management Team staffed by the

                    Baltimore City Department of Planning. The competition, sponsored by the

                    City, would solicit entries from any source for sites located within the

                    City's Critical Area Buffer.



                    This approach would help to reduce buffer restoration design costs and

                    encourage a diversity of applicants, while at the same time delivering

                    important public information and fostering public relations benefits for

                    the City's Critical Area Program.










                   A list of criteria to be used by the Awards Committeefor proposal

                   evaluation and funding were developed based on a project's potential for

                   enhancing an existing environmentally significant area; its linkage with,

                   or connection to, adjacent habitats; its potential for creating and/or

                   maintaining maximum undisturbed habitat; its potential for meeting multiple

                   environmental objectives; amount of in-kind contributions or matching funds

                   to supplementCritical Area Buffer Offset Funds; and the project's potential

                   for encouraging public awareness of environmental issues or public

                   enjoyment of naturalized areas.



                   The report describes seven  illustrative solutions that could greatly

                   enhance the environmental quality of an area without severely restricting

                   the development potential of City or privately-owned parcels. Each

                   prototypical site is described separately along with the potential for

                  .enhancements through Buffer offsets.



                   Finally, the report discusses project implementaion which involves a two

                   stage process. The first step considers the process for review, approval,

                   and award as well as incorporating provisions for accepting proposals

                   outside the annual awards process. The second step details the process for

                   the design, engineering, and construction of Buffer Restoration Projects.

                   Whether the City or a private entity takes the lead on the implementation

                   of the selected project, responsibility must be assigned for area

                   maintenance and dead material replacement. The City, with the assistance

                   of the Award Committee, would inspect the projects annually.




                                                   -iv-












                                   ACKNOWLEDGMENTS




                                Kurt L. Schmoke, Mayor




                  Ernest Freeman, AICP, Director
                  Rachel Edds, Deputy Director
                  Alfred Barry, Assistant Director
                  Victor Bonaparte, Assistant Director


                   This report was prepared by:

                  ENVIRONMENTAL PLANNING DIVISION
                       Mary Dolan, Manager
                       Rabindra Gupta
                       Bruno Rudaitis
                       Beth Strommen



                  BUILT ENVIRONMENT DIVISION
                       Susan Williams, Manager
                       Michael Addison
                       Donald Duncan
                       Gerald Elkins
                       Laurie Feinberg



                  COMMUNITY PLANNING DIVISION
                       Joyce Leviton, Manager.
                       Robert Hewitt
                       Chris Ryer



                  ADMINSTRATION


                       Amy Hasson, Manager
                       Jackie Hagland
                       Jeannette Reynolds





                                                                FEBRUARY, 1992






                                          -v-













                    TABLE OF CONTENTS


                    Executive Summary              ....................................................................  .................................i
                    Acknowledgments                .....................................................................................................v

                    Chapter 1:          Introduction      ..............................................................................................1
                                        Project Purpose         ........................................................................................1
                                        Background        ..............................................................................................1
                                        Buffer Offset Program Summary                 ..............................................................3
                                        Document Utility         ......................................................................................5

                    Chapter II:         Analysis      ....................................................................................................7
                                        Potential Site Identification          ......................................................................7
                                        Generalized Conditions for Buffer Restoration in an Urban Setting                           ..........  11
                                                  Development Parcels            .................................................................... 13
                                                  Easements       ..................................................................................... 14
                                                  Public Parkland        ............................................................................. 15


                    Chapter III:        Findings and Recommendations                 ............................................................... 17
                                        Approach to Critical Area Buffer Restoration                   ........................................... 17
                                        Criteria for Selecting Projects for Funding                ............................................... 18
                                        Prototypical Examples of Buffer Restoration Projects                      .............................. 20
                                        Project Implementation            ............................................................................ 22
                                                  Review and Approval Mechanism for Project Awards                           .................. 22
                                                  Process for Design, Engineering and Construction
                                                   of Buffer Restoration Projects            ...................................................... 23
                                                      City Projects on City Land            ....................................................... 23
                                                      Private Projects Using the Offset Fund                ..................................... 24
                                                      Monitoring Completed Projects                ............................................... 25

                    Appendices

                            Appendix A             ..................................................................................................... 26
                            Appendix B             ..................................................................................................... 28
                            Appendix C             .....  ................................................................................................ 29





                                        Coverphoto: Looking south from Patapsco A venue in Fairfield toward Curtis Bay, Stonehouse
                                        Cove (bottom right) supports a wide variety of waterfowl, and a naturally vegetated Buffer. As
                                        the cove widens into Curtis Bay, industrial uses encroach on the Buffer.














                    CHAPTER I: INTRODUCTION





                    PROJECT PURPOSE


                    The purpose of this report is to provide the first phase of a plan for the

                    use of funds accumulated in the Buffer Offset Fund, a dedicated fund for

                    restoration of the 100-foot buffer in degraded areas of the Baltimore City

                    shoreline. The report presents information about the technical and

                    institutional considerations which underlie the development of measures in

                    four major areas:

                        (1) criteria for the expenditure of funds

                        (2) a mechanism for reviewing and approving eligible projects

                        (3) identification of appropriate sites for buffer restoration

                        (4) identification of two prototypical approaches to buffer

                            restoration on public and private land

                    This report summarizes project activities and makes specific

                    recommendations that should help to facilitate the expenditure of funds

                    accumulated in the Buffer Offset Fund.





                    BACKGROUND


                    Baltimore City adopted the Critical Area Management Program (CAMP) on

                    January 4, 1988 as required by the Chesapeake Bay Critical Area Law. The

                    "Critical Area" is a strip of land 1,000 feet from mean high tide extending

                    along the entire length of the shoreline. Within this Critical Area, the

                    "Buffer" is defined as a strip of land extending 100 feet inland from the

                    water's edge. This legislation was enacted to protect and improve the

                    shoreline habitat and tidal waters of the Chesapeake Bay and its










                   tributaries (Figure 1). All land use within the Critical Area is regulated

                   for two purposes:

                        (1) to minimize the adverse impact on water quality caused by

                             water running off the land during significant new development

                            .or redevelopment. The requirement is to reduce pollutants by

                             10% and to protect and improve plant and animal habitat.

                        (2) to conserve fish, plants and wildlife habitat while

                             accommodating growth. This element requires the establishment

                             of a 100-foot buffer (setback) along the shoreline to protect

                             existing, naturally-vegetated areas or areas planted and

                             managed to protect shoreline and nearby water habitats.



                   To accomplish these two goals, the City's Critical Area Program requires

                   that all development located in the Critical Area reduce the

                   post-development pollutant loading to 90% or less than the pre-development

                   loading. Developers are encouraged to avoid development within the Buffer,

                   particularly when such development would result in an increase in the

                   amount of impervious surface within the Buffer. Throughout the City's

                   Critical Area, developers are required to replace existing vegetation

                   disturbed by development and to correct any shore erosion problems. All

                   development proposed for any portion of the Buffer must be granted a Buffer

                   exemption as required by the Critical Area Regulations. Such exemptions

                   may be granted by the City, provided it can be sufficiently demonstrated

                   that the existing conditions preclude a naturally vegetated Buffer, and

                   provided that the developer agrees to an appropriate offset so that water

                   quality and habitat objectives can be met elsewhere in the City's Critical

                   Area.





                                                   2














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                                                                             FIGA


     CRITICAL AREA                                Buffer Restorcation Plan
                                                                    SCALE 1"=1000'
    HABITAT PROTECTION AREA                       BeItImore CIty Department of 111anrdrig









                    The City's Critical Area review process is triggered in many areas where

                    the 100-foot buffer,requirement and/or runoff pollution reduction

                    requirement cannot be met on the site. Anticipating such difficulties in

                    fully developed urban areas, the State Critical Area legislation includes

                    provisions for environmental offsets in these cases. To allow necessary

                    development and redevelopment to proceed while meeting the Critical Area

                    legislative requirements, Baltimore City has established two offset

                    programs: (1) a Buffer Offset Program (BOP), and (2) a Runoff Pollution

                    Reduction Offset Program. The focus of this report is the BOP.







                    BUFFER OFFSET PROGRAM SUMMARY


                    The BOP is an important tool for the City to reclaim shoreline habitat

                    which have long been displaced by development along the water's edge. These

                    reclamation efforts will include the creation of new riparian forests as

                    well as tidal and non-tidal wetlands. Opportunities will be created for

                    shoreline property owners to grant public easements on lands which the City

                    will restore in vegetation. Designated receiving areas will be designed,

                    planted, maintained and monitored in accordance with guidelines established

                    by the City to insure maximum habitat value.




                    Developers who are unable to comply with the Buffer requirements must

                    contribute a fee to the Buffer Offset Fund or propose off-site Buffer

                    restoration. The amount of the offset fee is based on costs associated


                    with installing and maintaining a properly vegetated Buffer equal in area

                    to the amount of Buffer used for development or as otherwise determined.

                    Buffer establishment costs are determined on a square foot basis and may be



                                                   3










                    amended periodically by the Baltimore City Board of Estimates. The current

                    Buller ollset lee is $2.50 per square foot.



                    The offset program is administered by the Department of Planning. Funds

                    collected from developers will be used to implant a diverse plant

                    community, including elements of a stratified forest where it is deemed

                    feasible.  This report will set standards and provide a formal process for

                    selecting and funding alternative offset restoration projects.




                    Alternative offset projects may be considered where developers arrange for

                    off-site offsets. The developer must be able to satisfy the City and the

                    Chesapeake Bay Critical Area Commission that the pr oposed alternative will

                    benefit the City's overall Critical Area. This offset project planting

                    should be equivalent to that prescribed for the development site. If an

                    applicant chooses to develop a Buffer restoration project off-site, the

                    Department of Planning must approve the Project.




                    The City will designate sites throughout its Critical Area as receiving

                    areas for the Buffer offsets described above. In selecting sites for

                    receiving areas, the City will give priority to lands covered with an

                    impervious surface or having compacted soils. The City will encourage

                    landowners within its Critical Area to allow Buffer offset projects to be

                    installed on private property in exchange for the granting of conservation

                    easements. Participating landowners will be granted a credit toward Buffer

                    offset requirements in the event that future development takes place in

                    portions of the Buffer which remain unvegetated. The City will explore

                    additional incentives to encourage the use of private lands as receiving



                                                    4










                     areas for Buffer offsets. These additional incentives will be incorporated

                     in this report and be considered amendments to the City's offset program.



                     If suitable private land is not available, City-owned land within the

                     Resource Conservation Area may be used as stated in the Habitat Protection

                     Plan. The focus in these areas will be to enhance existing vegetation and


                     habitat.




                     The City is required to divide its Critical Area according to land use

                     types and densities described in the State Law. These sub-areas are

                     subject to different guidelines and restrictions governing new development

                     and redevelopment. The City has identified three types of development

                     areas within its Critical Area:


                         (1) Waterfront Revitalization Area

                         (2) Waterfront Industrial Area

                         (3) Resource Conservation Area




                     Appendix A provides a summary of developer requirements within the Buffer

                     by sub-area.




                     DOCUMENT UTILITY


                     The greatest benefit this report provides to the City is a written

                     framework for the City's Critical Area Buffer Offset Program. That

                     framework was constructed with the goal of soliciting the widest possible

                     public input into the decision-making process for restoring the shore      line

                     to a natural state. This process will leverage as much private investment

                     as possible and will insure maximum public exposure for restoration



                                                       5










                   projects coordinated or funded through the Offset Program. The process

                   also requires the active participation of landowners, advocacy groups, and

                   community groups as well as landscape, design and engineering professionals.



                   Its utility for other jurisdictions lies in the uniqueness of the approach

                   taken to restore vegetation to the shoreline. This approach is unequalled,

                   not only in the way it solicits maximum public participation, but also in

                   how it approaches the task of restoring a natural Buffer in areas where the

                   existing shoreline has been severely degraded or where the intensity of the

                   land use is such that one would not normally identify the site as a likely

                   candidate for a restoration project. As such, this approach encourages    a

                   local jurisdiction to more closely examine the range of possibilities for

                   undertaking buffer restoration projects. Also, it will provide an

                   opportunity for smaller projects and projects located in "less desirable"

                   areas of the Chesapeake Bay to be considered for implementation.































                                                   6












                   CHAPTER II: ANALYSIS




                   The analysis consisted of a two-part effort. The first step was to

                   identify all the possible sites that might accommodate buffer enhancement

                   or establishment. The second was to identify the range of conditions and

                   site constraints that are presented by these sites. This process provides

                   for the proposal of prototypical approaches to the use of Buffer Offset


                   Funds.





                   POTENTIAL SITE IDENTIFICATION

                   The study involved an exhaustive examination of the shoreline of the

                   Baltimore Harbor. Reference materials included aerial photographs,

                   topographical maps, area plans, video tapes of the shoreline, soils maps,

                   and a variety of other sources available to us. The areas ultimately

                   selected for consideration as potential Buffer restoration locations

                   represent the broad spectrum of shoreline conditions which exist throughout

                   the harbor.




                   Minimum requirements for qualification as potential receiving areas were

                   established in the CAMP:


                       (a) the site is determined by the City as being unlikely-to be

                   redeveloped for a water-dependent use, and

                       (b) the planting plan includes at least 50 linear feet along the

                   shoreline for the entire depth of the Buffer. Planting may extend outside

                   the Buffer provided it is contiguous to the vegetated portion of the Buffer

                   and is no less than 25 feet in width.







                                                   7












                    The criteria used to select these areas are as follows:




                        1.   Sites characterized as having compacted soils or impervious

                             surfaces and having a strong likelihood that portions of

                             the buffer may be reserved for future planting

                        2.   Sites having vegetated shorelines and good potential for buffer

                             enhancement


                        3.   Greenway areas

                        4.   Sites in, or adjacent to, proposed Habitat Protection Areas

                        5.   Sites adjacent to properties with significant vegetation and/ or

                             wildlife habitat


                        6.   Potential for accommodating a stormwater retrofit

                             project

                        7.   Sites that are likely to be redeveloped

                        8.   Amount of shoreline that can be vegetated with available funds




                    This diversity of the selected criteria reflects our interest in funding

                    and coordinating through a competitive process, a variety of Buffer

                    restoration projects throughout the Harbor. Some of these projects may be

                    small and relatively unnoticed by the public. Some will be chosen for their

                    strategic value relative to adjacent vegetated properties or greenways.




                    Summarized in the chart on the following pages are the sites identified as

                    potential Buffer restoration areas. A site location map (Figure 2)

                    preceeds the Site Selection Criteria chart. The reader should be cautioned

                    that this map does not indicate how large or how small an area would be






                                                    8,












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                                                        Buffer Restoration Plan
       POTENTIAL SITES                                                      SCALE 1*=1000,
                                                        Baltimore City Department of Plavirving










                    considered for buffer restoration at each of these locations. The map is

                    intended only to show relative locations throughout the Harbor.


























































                                                   9







                                                                                    SITE SELECTION CRITERIA


                                                                                                                                Adjacent
                                                                                                                                   to
                                                                                                                  Proposed      Existing    Potential
                                                                                                                   Habitat      Habitat/        for        Likelihooa
                                                  City        Compacted    Impervious    Vegetated    Greenway    Protection    Vegetated   Stormwater         for   I
                Sites                             Owned         Soils       Surfaces     Shoreline      Area         Area       Shoreline    Retrofit     Redevelopment
           1  Colgate Creek                         X                                       X                         X                         X
           2. Newgate Ave.                                         X                                                                                            X
           3. Canton Waterfront   Park              X              X
           4. Harris Creek                          X              X                        X
          -5. Allied Chemical                                      X             X                                                                              X
           6. Harborview                                           X             X                                                                              X
           7. Port Covington                                       X                        X                                      -X                           X
          1
           8. CSX/Central Garage                    X              X                        X                                      X
              BG&E-Spring Garden                                   X                                                  X            X                            X
          10. Upper Middle Branch-West              X                                       X                         X            X
          11. Gwynns Falls                          X              X                        X            X            X            X            X
          12. Westport Ball Field                   X                                       X            X            X            X
          13. BG&E-Westport Power Plant                                          X                                                 X
          14. Carr-Lowrey Glass Company                            X                        X                                      X
          15. Merit Concrete                                       X                        X                                      X                            X
          16. Waterview West                        X                                       X                         X
          17. Waterview Woodlot                                                                                       X
          18. Middle Branch Park                    X                                       X                         X
          19. Harbor Hospital Center                                                                                               X
          20. Reedbird Park/Cherry Hill             X                                       X            X            X            X
          21. Reedbird Park/Brooklyn                X                                       X            X            X            X
          22. Masonville-West                                                               X                         X
          23. Masonville-East                                                               X
          24. Port Liberty                                         X                                                                                            X
          25. Vista Chemical                                                                                                                                    X
          26. Patapsco Treatment Plant              X                            X
          27. Amoco/Wagner's Point                                 X             X                                                                              X
          28. FMC                                                  X                                                  X            X
          29. Stonehouse Cove-
              Tributary Stream                                                              X            X            X            X            X               X
          30. Stonehouse Cove-West                                                          X                         X            -X
          31. Cabin Branch                                                                  X                         X
          32. Curtis Creek                                                                  X                         X
          33. W.R. Grace                                           X                        X                         X                         X
          34. Quarantine   Station                                                                                                 X
          35. Thoms Cove                                                                    X                         X
          36. Eastalco                                                                      X
          37. Fort Armistead                        X                                       X                         X            X















                   GENERALIZED CONDITIONS FOR BUFFER RESTORATION IN AN URBAN SETTING


                   Several conditions affect the potential for success of Buffer Restoration

                   projects in an urban setting. Typical conditions for the two approaches

                   are illustrated in an imaginary portion of the City's Critical Area shown

                   in Figures 3 through 9. These include:



                       Critical Area Lines - The Critical Area in Baltimore City is largely

                       classified as an Intensely Developed Area with a small portion

                       classified as a Resource Conservation Area. Differing restrictions

                       accompany the development allowed in each type of area based on the

                       CAMP (Figure 3).




                       Shoreline Conditions - A variety of shoreline conditions occur in the

                       harbor including filled areas, natural shoreline, concrete rubble

                       stabilization, bulkheads and mixtures of all the above. These

                       conditions need to be taken into account when planning restoration

                       projects. These sites are not without problems. Many have housed uses

                       in the past that contributed pollutants to the soil, and in most cases,

                       previous uses have left compacted soils with little natural soil

                       structure or nutrient content necessary for plant growth. Similar to

                       other development sites found near the shoreline, site clearance, soil

                       amendments, and/or toxics remediation may be necessary prior to

                       planting. (Figure 4).



                       Existing Vegetation - Areas not occupied by buildings or paving exhibit

                       all stages of vegetation. Occasional patches of mature forest remain










                       along with wetlands, but most of the undeveloped Critical Area is

                       covered with mowed lawns, old fields or shrub communities that mark

                       previously cleared areas (Figure 5).



                       Ownership - The current ownership and status of the use is also

                       important. Both public and private lands may be in use, available for

                       development or land banked for future development (Figure 6).




                       Development patterns - Existing buildings and paving have been defined

                       over time by land ownership and the uses which it has accommodated. In

                       most,cases, established uses are going to want to retain the buildings

                       and paved areas they already occupy. The only real opportunity for

                       change comes when redevelopment or expansion of the use is planned

                       (Figure 7).




                       Topography and Flooding - The topography of the shoreline determines

                       the extent of flooding and the ability to accommodate wetlands and

                       stormwater management projects (Figure 8).



                   This plan looks at two different approaches to Buffer restoration based on

                   ownership and the need to make maximum economic use of a site while taking

                   into account the above conditions.    The first approach describes a

                   typical development site, and the second describes a site owned by the City

                   (generally parkland).









                                                   12
















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         Existing Conditions
                                                    Buffer Restoration Plan

         SHORELINE                                  Baltimore City Department of Planrdng








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                                                                                                                               . .. ....
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                                                                                                             . . . . . . . . . . . . . .
                                           . . . . . . . . ..                                         ......

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                                                                                                                                                                Stre
                                                                                                                                                                       et


                                                                                                                                                                                                 . . . . . . . . . . . . . . . . . . . . . . .
                             Matu're Forest
                   ED mowed Lawn
                             Old Field                   Shrub/Scrub
                             Wetlands
                             Young Riparian Trees
                                                                                                                                                                                        FIG.5
                             Urban               >80% Impervious
                       Existing                    Conditions                                                           Buffer                 Restoration Plan

                      VEGETATION                                                                                        Baltimore City Department of Planning










                                         Private   Not Developed



              City Owned


                                            .........


                                            City Owned


      Private   Active\..                                       Private   Active
      Industrial Use                     Private - Active         Industrial Use
                                        'Andustrial Use
                                                                          street



                                   City Qwned                    Private - Active
       Private    Avail  I for developme t                         Industrial Use

             Structures being demolish
                                       ed      cO
                nd site being remediated            P ivate
                  for hydrocarbon                     ailab   f r
                     contamination.                  evelo   e

                                                                       Str et C
                                                  Pri vate - Available
                                                  for development



                                                                    Private    Active
                                                                     Industrial Use
                                                                                  FIG.6

           Existing Conditions                        Buffer Restoration Plan

           OWNERSHIP                                  Baltimore City Department of Planrdng








                       ..............
                                .......                                                                           ...              .......
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                                                                                                                                                         ....               ......















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                                              AL


















                                                                          st eet








                                               M





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                                                                       tr
                                                                          t C



              Steep slope.> 20%
       LJAre'a subject to flooding                                               FIG.8
       Existing Conditions                           Buffer Restoration Plan

       TOPOGRAPHY/ FLOOD                             Baltimore City Department of Planrdng



















                                                                              'A 1041"'M It% ?1101"13



              SECTION A-A              THIS AREA CONTAINS A NATURAL FOREST BUFFER BORDERED BY
                                       OLD FIELD-SHRUB/SCRUB COMMUNITIES. THE WESTERN BUFFER
                                       IS NARROWER THAN THE EASTERN SIDE, WITH A LARGE AREA OF
                                       MOWED GRASS. THE STREAM IS NON-TIDAL AT THIS POINT.









              SECTION B-B              THE STREAM IN THIS AREA HAS WIDENED AND BECOME TIDALLY
                                       INFLUENCED. THE WESTERN STREAM EDGE IS BORDERED BY A
                                       NARROW BAND OF SHRUB/SCRUB VEGETATION ON A STEEP SLOPE
                                       WITH HIGHLY ERODIBLE SOILS. THE EASTERN SIDE SUPPORTS
                                       A NARROW BAND OF WETLAND VEGETATION AND A GENTLER
                                       SLOPE. A WIDE BAND OF MOWED LAWN BORDERS BOTH SIDES
                                       BEYOND THE SHORELINE VEGETATION.









             SECTION C-C               HERE THE STREAM BECOMES FULLY TIDAL, WITH RIP-RAP
                                       ARMORING BOTH SHORELINES. NO VEGETATION IS PRESENT.

                                                                                           FIG.9


                                                             Buffer Restoration Plan
                                                                                  SCALE 1"=1000',
                                                             Baltimore City Department of Planring












                       DEVELOPMENT PARCELS


                   Private land or land owned by a government agency for purposes of building

                   a facility are the most common types of sites along the shoreline. Due to

                   the development densities existing throughout the City, virtually every

                   site not purchased specifically to redress past environmental damage is

                   expected to be used to the level of surrounding densities for some

                   combination of buildings and paved space. In a bid for more tax dollars,

                   the City encourages and assists commercial and industrial developers to

                   make maximum use of developable space. Government agencies have also

                   purchased land along the shore for sewage treatment plants, economic

                   development, and general infrastructure construction. As private

                   enterprises and government facilities are built and existing facilities

                   continue to expand, additional growth is often restricted by the

                   surrounding uses which results in an intense use of every available square


                   foot.




                   Within the Critical Area, especially in proposed Habitat Protection Areas,

                   the 100-foot Buffer would be protected where it is not already developed.

                   In many cases, however, the Buffer is at least partially in use on parcels

                   which have undergone through some type of development.   We are working

                   with industries and landowners to interest them in participating in the

                   Buffer Restoration program by either granting easements to the City or

                   contributing funds for off-site restoration projects. Two things are

                   necessary for this program to be successful: 1) a simple process for

                   designing, engineering and constructing the restoration so that it does not

                   interfere with the purpose of the use; and 2) tangible public relations

                   and/or financial benefits to the landowner.




                                                   13










                    As a result, Buffer restoration projects on such sites must make use of

                    steep slopes, watercourses, low areas and other "undevelopable" portions of

                    the parcels. Also, the site must be designed to accommodate the layout of

                    existing buildings and their operations as well as future plans for the

                    property. Rather than a uniform 100-foot buffer, a restoration project

                    may be confined to a much narrower strip or one of varying width. It may

                    have to be located along only one side of the property.



                    The design of any restoration must be sensitive to the nature of the

                    developed (or proposed) use of the site and its visability to customers or

                    the general public. The "image" of the restoration must fit the desires of

                    the landowner as much as possible and still provide water quality and

                    habitat benefits. The landowner may desire a formal design for public

                    presentation or the wild appearance of natural wildlife plantings.




                       EASEMENTS


                    One viable and commonly used approachto preserve land and protect our

                    valuable natural resources is through the use of a Conservation Easement.

                    The Maryland Environmental Trust's Conservation Easement Program created by

                    the General Assembly in 1967 is a good example of such an effort. The

                    Trust arranges for the donation of land, conservation easements, and cash

                    all of which are designed to ensure the protection of open spaces.




                    An easement is a right which one person has to the land of another. It can

                    be created by a reservation of rights or rights can be incorporated in-the

                    deed conveying the property or by separate agreement. Although there are

                    several types of easements, the one most applicable for the BOP is referred



                                                    14










                   to as an "easement in gross" whereby the conveyed rights benefit a person

                   or persons who do not own or occupy nearby land. This easement would be

                   granted to an agency or governmental body to restrict development.




                   A landowner who donates a conservation easement only gives up his/her

                   development rights on the right-of-way in perpetuity while still retaining

                   ownership of the property. Any type of land can be protected by a

                   conservation easement provided it meets the goals and objectives of the

                   City's CAMP.    One disadvantage associated with the donation of an easement

                   is the potential reduction in the fair market value of the land due. to the

                   restrictions imposed, although an easement donation can qualify for

                   favorable federal income tax and estate tax treatment if it is for the


                   benefit of the general public or it meets specific government policy such

                   as the state imposed Critical Area regulations.




                       PUBLIC PARKLAND


                   The City has purchased parkland along the shoreline for both active and

                   passive recreational use and for environmental restoration. Both types of

                   parcels, as well as parcels that are no longer needed for their original

                   purpose, are candidates for Buffer restoration. Generally, these parcels

                   allow for more generous buffers along the shore and tributary

                   watercourses. Goals for natural vegetation and environmental benefits are

                   more immediately compatible with the primary use of the property. Such

                   parcels give more freedom to combine various types of habitat restoration

                   in large areas which are less constrained by existing uses.








                                                    15










                   Generally, wildlife plantings are appropriate for parklands, especially for

                   those areas purchased to eliminate undesireable uses. There are

                   opportunities to combine wetland restoration/creation with forest buffers,

                   wildflower meadows, and edge habitats to create a complex and varied

                   habitat in the Critical Area. Where possible, these would build on or

                   connect existing habitat to maximize the benefits to wildlife.
















































                                                   16

















                   CHAPTER III: FINDINGS AND RECOMMENDATIONS





                    APPROACH TO CRITICAL AREA BUFFER RESTORATION


                   The Baltimore City Department of Planning recommends the appointment of a

                   "Critical Area Awards Committee" (CAAC) to award Critical Area Buffer

                   Offset Funds to winning entries in an annual competition of buffer

                   restoration projects. The competition, sponsored by the City of Baltimore,

                   would solicit entries from any source provided that the project submission

                   was for a site located within the buffer of the City's Critical Area.



                   This approach to funding buffer restoration projects is proposed because it

                   offers a number of advantages to the City and should help to reduce buffer

                   restoration costs. For example, normal costs associated with project

                   design would effectively be reduced or eliminated. Staff time spent on

                   negotiating with landowners, selecting contractors, selecting sites, etc.

                   would be greatly reduced. This approach should foster a diverse variety

                   of projects submitted for funding.



                   There is a public awareness and educational spinoff from this approach that

                   should yield some important public relations benefits for the City's

                   Critical Area Program. At a time when fiscal constraints are as severe as

                   they have been in a generation, the City's ability to award money--perhaps

                   as much as @100,000 for a single project--can be expected to attract

                   national as well as regional interest from the development and

                   environmental communities. Trade magazines and local news



                                                   17










                    papers will be invited to report on the entries submitted and the projects

                    funded. Such competitions are not uncommon in the world of the built

                    environment, and their use for funding environmental projects locally

                    promises to attract a great deal of attention.



                    The CAAC would consist of representatives from local professional

                    associations (landscape, horticulture), environmental organizations (Sierra

                    Club, Audubon Society, Chesapeake Bay Foundation), State and local

                    agencies, and the Critical Area Commission. The CAAC would be supported by

                    a Management Team staffed by the Baltimore City Department of Planning.




                    CRITERIA FOR SELECTING PROJECTS FOR FUNDING


                    The following are the criteria to be used by the CAAC to evaluate proposals

                    submitted for funding. The Department of Planning recognizes that once the

                    committee has been selected, that committee may wish to modify these

                    criteria. The criteria presented here reflect the broad goals of the

                    City's Critical Area Management Program and should serve as a guide in the

                    event the committee wishes to make changes.



                    1. The project's potential for enhancing an existing environmentally

                       significant area.




                    By establishing this criterion, the City will endeavor to encourage

                    submissions whose design and location is such that it already offers

                    enhancement or protection to sections of the City's Critical Area, or is

                    soon to be identified as environmentally significant. Such areas would

                    include habitat protection areas, greenways, etc.



                                                    18









                    2. The project's potential for linking with, or connecting, adjacent

                       habitats.




                    This criterion is established to recognize the strategic importance of some

                    projects in linking existing or soon-to-be-created habitat areas.   it

                    assumes that such projects, if planned for a more isolated location, would

                    have less habitat value and be less likely to receive funding approval.



                    3. The project's potential for creating and/or maintaining maximum

                       undisturbed habitat.




                    This criterion is established to recognize the importance of creating and

                    maintaining habitat areas that will not be disturbed by human activity.



                    4.The project's potential for meeting multiple environmental

                       objectives.




                    The City desires to promote buffer restoration projects which incorporate a

                    variety of features aimed at achieving multiple environmental objectives.

                    It is hoped that future buffer restoration proposals will piggyback on

                    different types of on-site mitigation. For example, a Buffer restoration

                    project might be proposed for a site wherein a wetland is to be created or

                    a stormwater retrofit is to be installed.




                    5. The use of in-kind contributions or matching funds to supplement

                      Critical Area Buffer Offset Funds.







                                                   19










                    There are a variety of ways in which a community or advocacy group,

                    landowner, developer or other interested party can contribute to a proposal

                    in order to make a good proposal better and improve its chances for funding

                    under this program. Indeed, a primary goal of our Critical Area program is

                    to use Buffer Offset Funds to leverage as much private investment and

                    community involvement as possible. The task of improving the water quality

                    of the Harbor and enhancing habitat opportunities along the shoreline is

                    much greater than we can reasonably expect to fund solely through the

                    collection of Buffer Offset Fees.




                    6. The project's potenti al for encouraging public awareness of

                       environmental issues or public enjoyment of naturalized areas.



                    The Critical Area Criteria have the mandate to "encourage the creation of

                    opportunities for interaction between people and natural environments

                    without destroying the fragile components of natural habitats" (COMAR

                    14.15.08.02). For this reason, some proposals may be selected on the basis

                    of their ability to meet this difficult challenge.




                    PROTOTYPICAL EXAMPLES OF BUFFER RESTORATION PROJECTS




                    While two types of approaches to buffer restoration were described in the

                    analysis section, they interact with the existing conditions to present a

                    whole array of varying solutions to buffer restoration. We have taken  the

                    imaginary conditions illustrated in the Analysis, and developed

                    illustrative solutions that would greatly enhance the environmental quality

                    of the area without severely restricting the development potential of the



                                                   20










                    City or privately-owned parcels. Each site is described separately along

                    with the potential for enhancements through Buffer offsets. (see figures 10

                    and 11)




                    1. This site is being remediated for hydrocarbon contamination of soils.

                        While it may eventually be developed, it is likely to be vacant for

                        some time due to liability problems associated with the contamination.

                        The site is fairly large and could accommodate a 100-foot or wider

                        buffer without severely restricting reuse. The bulkhead on the west

                        side should be kept free for potential water dependent use. The

                        approach here would be to fully plant the 100-foot buffer,

                        incorporating shoreline stabilization along the northeast side to stop

                        the erosion, and widening the planted area to match with the proposed

                        vegetation on the adjacent site.




                    2.  This City-owned site is proposed for a park facility (perhaps a nature

                        center) and associated parking. The existing mature forest and old

                        field areas would be retained, and a generous forest planting would be

                        introduced on the southern third of the site.




                    3.  This private, undeveloped site could accommodate a large building and

                        parking/t ruck handling area while retaining the mature forest and

                        wetlands vegetation on the site. The non-tidal wetlands could be

                        further enhanced by the addition of a forested buffer planting.



                    4. This City-owned site has been selected  to accommodate environmental

                        enhancement. The existing tidal wetland along the shoreline would be



                                                    21











                                                                            3




                                                     5!p





                                                            '41- kA;


                             Cz

                                                   %


                    X.X.:



                                                 M0
                                  Cr
                                                                                 street
       Flot e i   Stormwater'
                 ofit Project
                                                             5




                                                                                        N
                                                               6


                                                    M




                                                                             S
                                                                              tree,
                                                                                   C

              Preserve Existing    Vegetation
              New   Tree Planting
              New   Wetlands
              Wildflower Meadow
                                                                                        FIG.10
              Site  Number


                                                           Buffer Restoration Plan
            PROTOTYPICAL                                   Baltimore City Department of planning
             APPROACH






















                                 %1


               SECTION A-A              THIS AREA PRESERVES THE NATURAL VEGETATION, AVOIDING
                                        DISTURBANCE BY NEW CONSTRUCTION.









                                I)rt




              SECTION 137B              A SUBSTANTIAL FOREST BUFFER IS ADD ED TO BOTH EDGES OF
                                        THE STREAM, WITH STABILIZING VEGETATION ADDED TO THE
                                        EASTERN SLOPE. ON THE WESTERN SIDE, THE TIDAL WETLAND
                                        IS SIGNIFICANTLY ENLARGED.











              SECTION C-C               A NARROW FORESTED BUFFER IS ADDED TO BOTH-SIDES OF THE
                                        STREAM.

                                                                                           FIG.11


                                                              Buffer Restoration Plan
                                                                                   SCALE 1"=1000'

                                                              Baltimore City Department of Planrilng










                       enlarged to compensate for tidal wetlands loss elsewhere. The

                       potential exists to design this to accomplish stormwater retrofit

                       goals. A large portion of the site would be planted in forest with a

                       wild flower meadow enhancing the street side of the property.




                   5.  This site is actively in use, however the owner is willing to

                       participate in the Buffer offset program to enhance the habitat and the

                       company's image. A narrow forest planting is designed to accommodate

                       his current buildings and enhance the existing riparian vegetation.




                   6.  This privately-owned site is very small and could accommodate only a

                       fringe area of trees to compliment the existing riparian vegetation.




                   7. This privately-owned site is proposed for a su bstantial water-dependent

                       use. A 50-foot forested buffer can be accommodated only on one side of

                       the property. Existing vegetation on the south side is retained.







                      PROJECT IMPLEMENTATION





                          REVIEW and APPROVAL MECHANISM FOR PROJECT AWARDS




                   The process for awarding funds would begin with an anncuncement by the

                   Management Team of the availability of funds and the application deadline.

                   The announcement would be made through all daily newspapers published in

                   Baltimore City as well as a direct mailing to interested parties.






                                                   22








                    Within 30 days of the proposal deadline@ the CAAC would'meet to consider

                    all submitted applications. Criteria for judging the applications would be

                    established by the Management Team. Recommendations would be presented to

                    the Director of Planning, local community groups and the Mayor of

                    Baltimore. (A flowchart of the process and award step sheet are proposed in

                    Appendices B and C.)



                    Provision would also be made for accepting proposals outside the annual

                    awards process. Proposals accepted outside the annual award process should

                    contain special circumstances and/or benefits to the City.






                         PROCESS FOR DESIGN, ENGINEERING, and CONSTRUCTION OF BUFFER


                           RESTORATION PROJECTS




                    Generally, the project would have a nearly final design prepared for the

                    competition. The remainder of the process would depend on whether the City

                    or a private landowner (or environmental group) is taking the lead on the

                    implementation of the selected project.




                    CITY PROJECTS ON CITY LAND


                    Depending on the complexity of the proposal, specifications for the design

                    would be developed in-house by the Departments of Recreation and Parks and

                    Planning. If necessary, engineering services would be submitted for bid

                    proposal. Engineering services would be needed for complex surface

                    grading, shoreline stabilization, soil remediation, and other work beyond

                    the capabilities of in-house staff.   Once a design and its specifications



                                                    23









                    are approved by the Departments of Recreation and Parks and Planning, the

                    Department of Recreation and Parks would send the package to the Bureau of

                    Purchases to advertise the project for bid. Bids would be opened and then

                    assessed to see if they meet project specifications and conform to existing

                    budgeted funds and other City contracting standards. Once a satisfactory

                    bid is selected, the contractor would be given Notice To Proceed and

                    construction would begin. The Department of Recreation and Parks would be

                    responsible for verifying that the work proceeds correctly and is  completed

                    satisfactorily. The Department of Planning would make at least one

                    inspection upon project completion to assure that Critical Area goals and

                    criteria are met. Once the project is completed to the satisfaction of all

                    parties, final payment would be authorized.







                    PRIVATE PROJECTS USING OFFSET FUNDS


                    The competition may select projects which are to be undertaken on private

                    land with the contribution of in-kind services, land or easements and

                    cash. Generally, these will be handled with an agreement approved by the

                    Board of Estimates as to the process, each party's contribution, easement

                    agreements and any other conditions. The private landowner or their

                    designee would arrange a11 the contracting services, and the City would

                    retain the right to approve the project as completed.




                    The City would require that a conservation easement be dedicated on all

                    projects.using Buffer Offset funds, and that the property owner be required

                    to maintain the planted areas and remove trash as part of the easement


                    agreement.




                                                    24











                    MONITORING COMPLETED PROJECTS

                    In either of the above cases, responsibility must be assigned for keeping

                    the areas free of trash and replacing dead material. The City, with the

                    assistance of the Award Committee, would inspect the projects annually to

                    assure that the plantings are healthy and no encroachment has taken place.



















































                                                   25















                    APPENDIX A












                                    Summary of Requirements Within the Buffer






                    Sub-Area                       Developer Requirements          Offset

                    Waterfront Revitalization      Developer may develop up to     $2.5D per sq.

                    Area                           100% of Buffer area.            ft. for total


                                                   Developer must offset for       Buffer area not

                                                   total Buffer area               landscaped,

                                                   (including the promenade        regardless of

                                                   easement) that is not           the amount of

                                                   landscaped.                     Buffer developed.




                    Waterfront Industrial Area     Developer may use any           $2.50 per sq. -

                    Water-Dependent Use            portion (up to 100%) of         ft. for total

                                                   the Buffer for development.     Buffer area

                                                   Developer must establish        developed or

                                                   new vegetation for the          increase the

                                                   portion of the Buffer used      runoff pollution

                                                   for development. Developer      20% (minimum)

                                                   may plant vegetatio n on-       for the entire


                                                   site or contribute to the       Buffer on the




                                                      26












                                                   offset fund.                   site.




                    Non-Water-Dependent Use        Developer may develop up       For alternative

                                                   to 50% of the Buffer pro-      #2, $2.50 per sq.

                                                   vided he/she: 1) plants        ft. for


                    total


                                                   vegetation on the              Buffer area not

                                                   remaining 50% of Buffer        planted in

                                                   on-site: or 2) contri-         vegetation.

                                                   butes to offset fund,

                                                   an amount equal to 100%


                                                   of the area of the Buffer


                                                   not vegetated

                    Within the Waterfront Industrial Area, the total liability for buffer

                    offsets shall not exceed 2% of the cost of the proposed new development or

                    redevelopment.

                    Resource Conservation          All land is either publicly    $2.50 per sq.

                    Areas                          owned or restricted by         ft. for twice

                                                   floodplain regulations.        the Buffer area

                                                   Only water-dependent           developed.

                                                   facilities for public use

                                                   may be developed within


                                                   the Buffer. Natural


                                                   vegetation must be planted

                                                   elsewhere in the Buffer


                                                   equal to twice the land

                                                   area disturbed by development.



                                                      27












                   APPENDIX B


                                   SOLICITATION, REVIEW, and APPROVAL FLOWCHART

                   Directed to Offer                            Receive Unsolicited Proposal




                                            Advertisement




                                          Proposal Deadline

                                                     a) Critical Area Award
                                                     b) Community Presentations
                                                     (8 wks)



                                      Recommendation to Director




                                    Exclusive Negotiating Priorit




                       Plans Review                             Financial Negotiations

                              a) Site Plan Review                             a) Determine Terms
                              b) CAAC                                         b) Agreement Approved
                              c) Staff Review                                      by B.O.E.
                                                                              c) Prepared



                   Commission Si@n-off                           Settlement Scheduled



                                         Aggreement Recorded




                   Building Permit Approved



                                          Construction Start




                                       Certificate of Completio





                                                   28












                    APPENDIX C


                                                    Award Step Sheet




                    Location/Address:




                    Project Name:




                    Applicant:




                    Purpose:



                    Amount Requested:



                      I. Develop amount of offering



                        a) Develop standards and controls



                        b) Prepare offering documents




                        c) Obtain Critical Area Award Committee approval



                        d) Obtain Director's approval




                     H. Offer Award




                        a) Advertise Offering






                                                    29










                        b) Proposal deadline



                        c) Prepare summary of proposal for Committee



                        d) Hold Critical Area Award Committee meeting




                        e) Recommend awards to Director




                        f) Hold Community Presentations



                        g) Obtain Mayor's approval



                    III. Exclusive Grant Negotiating Priorities




                        a) Send award letters




                        b) Establish Plans due date




                        c) Establish Financial commitments due date




                        d) Termination date




                     IV. Plans Review




                        a) Hold Post-Concept Review meeting



                        b) Obtain preliminary plans from Developer



                                                    30










                        c) Obtain CAAC comments




                        d) Obtain staff comments




                        e) Obtain City Agency comments




                        f) Post-Plan Revision meeting



                        g) Obtain Working Drawings from Developer




                        h) Obtain Staff final review



                        i) Obtain Director's approval



                     V. a) Convey Award




                        b) Establish Schedule




                    VI. a) Start Construction




                        b) Confirm Building Approval



                    VII. a) Complete Construction



                         b) Obtain Final Inspection



                         c) Send Certificate of Completion to Developer




                                                    31






































































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