§ 12-906. Waterfront public access promenade, open space, and required easements.

(a) W-1 Overlay Subdistrict.

(1) In addition to the uses allowed by the underlying zoning districts, on waterfront lots within the W-1 Overlay Subdistrict, a continuous public access waterfront promenade, accessible to the public but built and maintained by the owners of the underlying land, must be provided on lots, or development parcels consisting of lots, that adjoin the waterline of the Inner Harbor of the Chesapeake Bay and, where applicable, the Middle Branch of the Patapsco.

(2) A public access promenade must be established by an easement at least 30 feet wide, unless otherwise shown on Tables 12-903(1)-(4), of which at least 12 feet must be a permanently constructed promenade. Those areas of the 30-foot public easement that do not consist of permanently constructed promenade must be landscaped and maintained in a manner that is visible to the public and in accordance with the Landscape Manual. Where it can be demonstrated that it is functionally justified, the Director of Planning may allow a promenade or easement of lesser width. Promenade easements must be recorded by the property owner within 1 month of their approval and a copy of the recordation receipt provided to the Director of Planning.

(3) These required easement improvements must be built and maintained by the property owner. Public access must be available 24 hours a day, 7 days a week unless otherwise agreed to by the Director of Planning and stated in the easement. The completion of the promenade easement area must coincide with the completion of the adjacent development on the property.

(4) Public access corridors are connections between public streets adjoining a waterfront property and the promenade established on the property. All public access corridors must be included in the pedestrian promenade easements for the property in which they are located. The widths of the required corridors may vary but must be at least 12 feet wide. The corridors must be open to the public 24 hours a day, 7 days a week, unless otherwise agreed to by the Director of Planning and stated in the easement, and free of gates or other impeding obstacles. Adequate lighting of these corridors, consistent with the promenade, is required.

(5) No motor vehicles are permitted to use or cross the promenade, unless for emergency or invasive repair purposes. Any proposed road crossing of the promenade, either public or private, requires Planning Commission approval.

(6) No mechanical or service equipment may be located adjacent to the promenade easement unless it is within an enclosed structure or otherwise screened from public view in accordance with the requirements of the Baltimore City Landscape Manual.

(b) W-2 Overlay Subdistrict.

(1) In addition to the uses allowed by the underlying zoning districts, on waterfront lots within the W-2 Overlay Subdistrict, a conservation easement, accessible to the public but built and maintained by the owners of the underlying land, must be provided on lots, or development parcels consisting of lots, that adjoin the waterline of Middle Branch of the Patapsco.

(2) A buffer that provides a vegetated habitat area must be established by an easement at least 100 feet wide landward from the mean high water line of tidal waters or from the edge of tidal wetlands and tributary streams, and must be vegetated as specified by the Critical Area Management Program. A 12-foot wide hiking and biking trail must be constructed in this area.

(3)(i) To allow flexibility for development while preserving and creating habitat, the Director of Planning may approve a reduction of the 100-foot wide buffer to not less than 50 feet (from the mean high water line) if:

(A) the areas of impact are replaced with areas elsewhere on the sites controlled by the same developer; or

(B) there is an outfall or other limiting physical condition, as indicated on the zoning map.

(ii) The replacement areas must be:

(A) of equal or greater size than the area being transferred and placed under easement; and

(B) adjoining a habitat area.

(iii) Both the transferred habitat area and the contiguous habitat area must be properly vegetated as specified by the Critical Area Management Program.

(4) Stormwater from the entire site must be managed to prevent negative impacts to the buffer.

(5) The hiking and biking trail, together with a 12-foot hard surface and a meadow or mown strip a maximum of 3 feet wide on either side, must be at least 50 feet from the mean high tide line. Public access corridors to the trail must be provided and included in the easements for the property where they are located. The trail on any given property must connect to the trail on adjoining properties. The trail takes the place of the promenade and these hard surfaces are exempt from the Critical Area buffer requirement, but are not exempt from stormwater requirements.

(6) Access to the water as part of the trail system is encouraged, and must be approved by the Director of Planning.

(7) Easements for the buffer and the hiking and biking trail must be recorded by the property owner once approved and a copy of the easements, stamped at the courthouse, provided to the Director of Planning.

(8) These required easement improvements must be built and maintained by the property owner. Public access on private property is subject to reasonable rules and regulations adopted by the property owner and included in the easement. The completion of the easement area must coincide with the completion of the adjacent development on the property.

(9) The shoreline must be maintained as a naturally vegetated buffer. No new bulkheads or rip-rap may be constructed and any existing bulkheads or rip-rap must be removed to the greatest extent possible as development occurs. Additionally, wetland marsh creation, restoration, and preservation are encouraged.

(10) Any work done in designated habitat protection areas, resource conservation areas, or existing vegetated buffers must be scheduled so that it does not disturb the reproductive cycles of fish or wildlife.

(11) No motor vehicles are permitted to use or cross the hiking and biking trail, unless required for an emergency or for trail or buffer maintenance purposes.

(12) No mechanical or service equipment may be located adjacent to the conservation easement unless it is within an enclosed structure or otherwise screened from public view in accordance with the requirements of the Baltimore City Landscape Manual.