The purpose of the environmentally sensitive areas development review process is to: identify, prioritize, and protect environmentally sensitive areas during the initial stages of the development review process; ensure that the disturbance, protection, and restoration of environmentally sensitive areas are in accordance with all applicable federal, state, and local environmental regulations; establish levels of protection for environmentally sensitive areas that vary with the priority ranking of each feature or combination of features; guide site development so that negative impacts to the environmentally sensitive areas are avoided or minimized to the greatest extent possible; encourage the use of innovative development techniques and provide flexibility in the planning process to protect the environment; establish levels of protection for existing sensitive areas and institute requirements for the restoration of sensitive areas found to be prematurely destroyed or altered; and protect the development from forces of nature. Ord. 16-581

In determining whether a proposed development contains environmentally sensitive areas all adjacent lands under the same ownership or control must be considered. If a site plan contains any environmentally sensitive area, it is subject to the environmentally sensitive areas development review process. Ord. 16-581

Environmentally sensitive areas review is required before any permits may be issued for any development to which <cite data-path="|32|§4-302">§ 4-302 {“Applicability”} of this subtitle</cite> applies. Ord. 16-581

The presence or absence of environmentally sensitive areas must be documented on an existing conditions plan, to be submitted as part of site plan review. Existing environmentally sensitive areas must be shown on the existing conditions plan. Ord. 16-581

The Director of Planning must review the project for compliance with environmental regulations. Applicable regulations include:Floodplains: City Code <cite data-path="|7">Article 7</cite>, Division I {“Floodplain Management”}; Chesapeake Bay Critical Area: Title 7, Subtitle 4, of this Code; Forest Conservation: City Code <cite data-path="|7">Article 7</cite>, Division IV {“Forest and Tree Conservation”}; and Significant Trees and Specimen Trees: Sites not required to comply with Forest Conservation regulations must protect these trees as required by the Baltimore City Landscape Manual. Ord. 16-581

An applicant who is aggrieved by the final decision of the Director of Planning may appeal that decision to the Planning Commission. Appeals must be filed within 30 days of the Planning Director’s final decision on the environmentally sensitive areas review. The Planning Commission must review the Director’s decision at a public hearing held within 45 days of receiving the appeal. Ord. 16-581