[HISTORY: Adopted by the Mayor and Council of the Town of
Galena 2-1-1993 by Ord. No. 93-1 (Ch. VII, Art. 4, of the 1990 Code
of Ordinances). Amendments noted where applicable.]
This chapter shall be known as the "Forest Conservation Ordinance
for Galena, Maryland."
A.
This chapter shall apply to all of the incorporated territory of
the Town of Galena, Maryland, excluding those areas governed by the
Chesapeake Bay Critical Area Protection Law, Natural Resources Article,
§§ 8-1801 through 8-1816, Annotated Code of Maryland.
It is the intent of this chapter that the extent of its applicability
be automatically changed in accordance with the provisions hereof
or provisions of state law which may affect the applicability of this
chapter.
B.
This chapter applies, unless otherwise exempt under Subsection C of this section, to a person or organization making application for:
(1)
Subdivision approval on units of land 40,000 square feet or greater.
(2)
Site plan approval on units of land 40,000 square feet or greater.
(3)
Grading and sediment control permits on units of land 40,000 square
feet or greater.
(5)
Agencies of county or municipal government including public utilities
and public works projects if making application for subdivision, site
plan, or sediment control permits on units of land 40,000 square feet
or greater.
C.
This chapter does not apply to:
(1)
Highway construction; under Natural Resources Article, § 5-103,
Annotated Code of Maryland.
(2)
Commercial logging and timber harvest operations, including harvesting
conducted subject to the forest conservation and management program
under Tax Property Article, § 8-211, Annotated Code of Maryland,
that are completed:
(a)
Before July 1, 1991; or
(3)
Agricultural activities, not resulting in a land use change, including
agricultural support buildings and other related activities constructed
using best management practices, provided that no more than 40,000
square feet of forest is cleared within a one-year period. A person
clearing 40,000 square feet or greater of forest within a one-year
period may not receive an exemption unless the person files a declaration
of intent which includes:
(a)
A statement that the landowner or the landowners' agent
will practice agriculture on that portion of the property for five
years from the date of the declaration; and
(4)
The cutting or clearing of public utility rights-of-way or land for
electric generating stations licensed under the Public Utility Companies
Article of the Annotated Code of Maryland, provided:[2]
(7)
(8)
Noncoal surface mining regulated under Natural Resources Article,
Title 7, Subtitle 6A, Annotated Code of Maryland.
(9)
An activity required for the purpose of constructing a dwelling intended
for the use of the owner, or a child or a grandchild of the owner,
if the activity:
(10)
A real estate transfer to provide a security, leasehold, or other
legal or equitable interest, including a transfer of title, of a portion
of a lot or parcel if:
(11)
A preliminary subdivision plan approved before July 1, 1991, unless
the project has changed or approval expired.
A.
The purpose of this chapter is to conserve the forest of Galena.
Forest and individual trees greatly contribute to the quality of life
in the Town of Galena, the health of the natural ecosystem, and the
health and welfare of the citizens of Galena. The Town's economic
health depends heavily on its natural resources, of which forests
are a major component.
B.
Forested areas play a critical role in the improvement and maintenance
of water, soil, and air quality. In particular, forests absorb CO2, reduce local air temperatures, filter particulates,
absorb gaseous pollutants, hold soil in place, improve soil permeability,
filter nutrients, sediment, and pollutants, prevent the heating of
water in summer and rapid cooling of water in winter and provide habitat
for wildlife. Forest along waterways play a particularly crucial role
in maintaining water quality and a healthy aquatic community.
C.
It is not the intent of this chapter to place unreasonable restrictions
on development. Rather, it aims to maximize the benefits of forest
in a cooperative effort with development, thereby retaining forested
land in Galena and improving the environment of both developed and
undeveloped areas.
A.
Compliance with regulations.
(1)
A person making application after the effective date of this chapter
for subdivision, site plan approval, and clearing and grading permits
for an area 40,000 square feet or greater, shall:
(2)
State funds.
(a)
A local agency or persons using state funds applies to conduct
a regulated activity shall submit the subdivision, construction, grading
or sediment control plan to the Town of Galena, who shall notify the
Department of Natural Resources within 15 days of receipt of the plan
or project.
(c)
If the Department of Natural Resources determines that the project
is subject to the state program:
[1]
The time limit for approval of the forest stand delineation
and preliminary and final forest conservation plan shall begin when
the Department receives the necessary documents from the Town of Galena;
[2]
The Planning Commission may not approve a subdivision or site
plan or issue the grading or sediment control permit until the Town
of Galena receives notice from the Department of Natural Resources
that the standards and requirements of the state program have been
satisfied.
(d)
If the Department of Natural Resources determines the project
need not be reviewed under the state program, the time limit for approval
of the forest standard delineation and forest conservation plan under
the Kent County plan begins when the local authority receives notice
from the Department of Natural Resources.
B.
Declaration of intent.
(1)
The purpose of the declaration of intent is to verify that the proposed
activity is exempt under Natural Resources Article, § 5-103,
Annotated Code of Maryland, and this chapter.
(3)
The existence of a declaration of intent does not preclude:
(b)
A regulated activity on the area covered by the declaration
of intent, if the activity occurs within five years of the effective
date of the declaration of intent, in which case:
(c)
A regulated activity on that area of the property not covered
under the declaration of intent if the requirements of this chapter
are satisfied.
(4)
The Planning Commission may require a person failing to file a declaration
of intent or found in noncompliance with a declaration of intent to:
(5)
In its determination of appropriate enforcement action, the Town
of Galena may consider whether failure to file a declaration of intent
by a person required to file is a knowing violation of this chapter.
(6)
The declaration of intent is effective for five years.
A.
Simplified forest stand delineation.
(1)
A simplified forest stand delineation may be submitted when no forest
cover is disturbed during a construction activity and the area is
under a long-term protective agreement.
(2)
A simplified forest stand delineation shall be submitted at the time
of concept site plan and concept subdivision review. A SFSD shall
be used to determine the most suitable and practical areas for conservation.
(3)
A simplified forest stand delineation shall include:
(a)
Topographic map delineating intermittent and perennial streams
and steep slopes over 25%.
(b)
Soils map delineating soils with structural limitations, hydric
soils, or soils with a soil K value greater than 0.35 on slopes of
15%, or more.
(c)
Location of nontidal one-hundred-year floodplains.
(d)
Property boundaries.
(e)
Map showing existing forest cover verified by field inspection.
(f)
Other information that the Town of Galena determines is necessary
to implement this chapter.
(4)
The delineation shall be prepared by a licensed forester, licensed
landscape architect, or any other qualified professional who meets
the requirements of COMAR 08.19.06.01B.
B.
Forest stand delineation.
(1)
A forest stand delineation shall be submitted at preliminary site
plan and subdivision review, and before application for a grading
and sediment control permit.
(2)
The delineation shall be prepared by a licensed forester, licensed
landscape architect or other qualified professional who meets the
requirements of COMAR 08.19.06.01B.
(3)
The delineation shall be used to determine the most suitable and
practical areas for forest conservation.
(4)
A forest stand delineation shall include:
(a)
Forest Stand Delineation Map which indicates:
[1]
North arrow.
[2]
Property boundaries.
[3]
Perennial and intermittent streams and their required buffer.
[4]
Topography.
[5]
Soils, highlighting hydric and soils with a K value over 0.35
on slopes of 15% or more.
[6]
Current forest and unforested areas, including species, location,
size of trees, and showing dominant and co-dominant forest types.
[7]
Forest stand locations.
[8]
Tree lines extending off-site.
[9]
Steep slopes.
[10]
Field sampling points.
[11]
Prime agricultural soils.
[12]
Critical habitats.
[13]
Adjacent land uses.
[14]
Cultural features.
[15]
Historic sites as designated by the state, county, or Town.
[16]
Nontidal one-hundred-year floodplain.
[17]
Nontidal wetlands.
(b)
Site vicinity map at a scale of 1:2000 which indicates major
roads, land uses, and forest cover within a square mile of the site.
(c)
Stand summary sheets which include summary of the data collected
at individual sampling sites, including the following:
(d)
A written summary of forest stand conditions which addresses:
[2]
Environmental features:
[a]
Nontidal floodplains.
[b]
Hydric soils.
[c]
Nontidal wetlands.
[d]
Stream buffer.
[e]
Critical habitats.
[f]
Steep slopes and soils with a K value which exceeds 0.35 on
slopes of 15% or more.
[g]
Cultural features.
[h]
Historic sites as designated by the state, county or Town.
[i]
Adjacent land uses.
[j]
Specimen trees and champion trees.
(e)
Other information the Planning Commission determines is necessary
to implement this chapter.
A.
General provisions.
(1)
In developing a forest conservation plan, the applicant shall give
priority to techniques for retaining existing forest on the site.
(2)
If existing forest on the site subject to a forest conservation plan
cannot be retained, the applicant shall demonstrate to the satisfaction
of the Town of Galena:
(a)
How techniques for forest retention have been exhausted;
(b)
Why the priority forests and priority areas specified in § 84-8 cannot be left in an undisturbed condition;
(3)
The applicant shall demonstrate to the satisfaction of the Planning
Commission that the requirements for afforestation or reforestation
on-site or off-site cannot be reasonably accomplished if the applicant
proposes to make a payment into the local forest conservation fund
instead of afforestation or reforestation.
(4)
Nontidal wetland. A regulated activity is subject to the following
requirements:
(a)
For the purposes of delineation, permitting, and mitigation,
areas determined to be nontidal wetlands under Environment Article
§ 5-901 et seq., Annotated Code of Maryland, shall be regulated
under Environment Article § 5-901 et seq., or this chapter,
whichever is more stringent.[1]
(b)
For the purpose of calculating reforestation mitigation under
this chapter, a forested nontidal wetland permitted to be cut or cleared
and required to be mitigated under Environment Article § 5-901
et seq., Annotated Code of Maryland, shall be shown on the forest
conservation plan and subtracted on an acre-for-acre basis from the
total amount of forest to be cut or cleared as part of a regulated
activity.[2]
(c)
Nontidal wetlands shall be considered to be priority areas for
retention and replacement.
(d)
Forested nontidal wetland identification and delineation should
be included at the earliest stage of planning to assist the applicant
in avoidance and reduction of impacts to the nontidal wetlands and
to avoid delay in the approval process.
B.
Preliminary forest conservation plan.
(1)
At the time of application for preliminary subdivision and site plan
review, the applicant shall submit a preliminary forest conservation
plan. The review of the forest conservation plan shall be concurrent
with the review of the preliminary subdivision or site plan. A preliminary
forest conservation plan shall be prepared by a licensed landscape
architect, license forester or other qualified professional who meets
the requirements of COMAR 08.19.06.01B.
(2)
The preliminary forest conservation plan shall include:
(a)
The approved forest stand delineation.
(c)
Afforestation and reforestation plan.
(e)
Construction schedule, showing the sequence of forest conservation.
(f)
Two-year maintenance agreement.
(g)
A narrative on how the general provisions found in Subsection A of this section have been addressed.
(h)
Forest conservation worksheet.
(i)
Other information the Planning Commission determines may be
necessary to implement this chapter.
(3)
The preliminary forest conservation plan may be modified during the
review process.
C.
Final forest conservation plan.
(2)
The final forest conservation plan shall be prepared by a licensed
forester, licensed landscape architect or other qualified professional
who meets the requirements of COMAR 08.19.06.01B.
(3)
A final forest conservation plan shall include:
(a)
The approved forest stand delineation.
(b)
A forest conservation worksheet. A worksheet and instructions
for its completion may be found in the Forest Conservation Manual.
(d)
Construction schedule, including the sequence of reforestation
areas, afforestation areas, maintenance and protective measures to
be employed at the site.
(f)
Reforestation and Afforestation Plans, which include:
[1]
Narrative evaluation of sequential analysis of reforestation
and afforestation methods.
[2]
Planting plan which includes:
[a]
Summary of site assessment and preparation.
[b]
Target species for reforestation.
[c]
Plant materials table including plant material source, species,
number of plants, size of plants, using the methods found in the Forest
Technical Manual to determine species selection, plant material selection
and site stocking.
(g)
Incorporates a two-year maintenance agreement which includes:
(h)
Long-term binding protective agreement, as specified in the Galena Forest Policy Document, that:
[1]
Provides protection for areas of forest conservation, including
areas of afforestation, reforestation and retention; and
[2]
Limits uses in areas of forest conservation to those uses designated
and consistent with forest conservation, including recreational activities
and forest management practices used to preserve forest.
(i)
A narrative on how the general provisions found in Subsection A of this section have been addressed.
(k)
Other information required by the Planning Commission which
is necessary to implement this chapter.
A.
Afforestation shall be conducted in accordance with the following:
(1)
A tract with less than 15% of its net tract area in forest cover
shall be afforested up to at least 15% of the net tract area in the
R-1, R-2, and C-1 Zoning District.
B.
When cutting into forest cover that is currently below the afforestation percentages described in Subsection A of this section:
(1)
The required afforestation level shall be determined by the amount
of forest existing before cutting or clearing begins; and
(2)
Forest cut or cleared below the required afforestation level shall
be reforested or afforested at a 2-to-1 ratio and added to the amount
of afforestation necessary to reach the minimum required afforestation
level.
The following trees, shrubs, plants, and specific areas are
considered priority for retention and protection and shall be left
in an undisturbed condition unless the applicant has demonstrated,
to the satisfaction of the Planning Commission, that reasonable efforts
have been made to protect them and the plan cannot be reasonably altered:
A.
Trees, shrubs, and plants located in sensitive areas, including the
nontidal one-hundred-year floodplain, intermittent and perennial stream
buffers, steep slopes, nontidal wetlands, and critical habitats;
B.
Contiguous forest that connects the largest undeveloped or most vegetated
tracts of land within and adjacent to the site;
C.
Trees, shrubs, plants, determined to be a species in need of conservation,
or rare, threatened, endangered under:
A.
There is a forest conservation threshold established for all land use categories, as provided in Subsection B of this article. The forest conservation threshold means the percentage of the net tract area at which the reforestation requirements changes from a ratio of 1/4 acre planted for each acre removed above the threshold to a ratio of tow acres planted for each acre removed below the threshold.
B.
After reasonable efforts to minimize the cutting or clearing of trees and other woody plants have been exhausted, the forest conservation plan shall provide for reforestation, or payment into the forest conservation fund, according to the formula set forth in Subsection C(2) and (3) of this section, and consistent with § 84-6A of this chapter, and the following forest conservation thresholds for the land zoned as follows:
|
Zoning District
|
Threshold Percentage
| |
|---|---|---|
|
R-1 and R-2
|
20%
| |
|
Commercial
|
15%
|
C.
Calculations.
(1)
For all existing forest cover measured to the nearest 1/10th acre
cleared on the net tract area above the applicable forest conservation
threshold, the area of forest removed shall be reforested at a ratio
of 1/4 acre planted for each acre removed.
(2)
Each acre of forest retained on the net tract area above the applicable forest conservation threshold shall be credited against the total number of acres required to be reforested under Subsection C(1) of this section. The calculation of the credit shall be according to the criteria provided in the Forest Conservation Manual.
(3)
For all existing forest cover measured to the nearest 1/10th acre
cleared on the net tract area below the applicable forest conservation
threshold, the area of forest removed shall be reforested at a ratio
of two acres planted for each acre removed below the threshold and
at a ratio of 1/4 acre planted for each acre removed above the threshold.
A.
After techniques for retaining existing forest on the site have been
exhausted, the preferred sequence for afforestation and reforestation
is as follows:
(1)
Selective clearing and supplemental planting on-site;
(2)
On-site afforestation or reforestation, if economically feasible,
using transplanted or nursery stock that is greater than 1.5 inches
in diameter measured at 4.5 feet above the ground;
(3)
On-site afforestation or reforestation, using whip and seedling stock;
(4)
Landscaping of areas under an approved landscaping plan which establishes
a forest that is at least 35 feet wide and covering 2,500 square feet
or more of area;
(5)
Off-site afforestation or reforestation, using transplanted or nursery
stock that is greater than 1.5 inches diameter measured at 4.5 feet
above the ground;
(6)
Off-site afforestation or reforestation, using whip and seedling
stock;
(7)
Natural regeneration on-site; and
(8)
Natural regeneration off-site.
B.
A sequence other than the one described in Subsection A may be used for a specific project, if necessary, to achieve the objectives of the county land use plan or county land use policies, or to take advantage of opportunities to consolidate forest conservation efforts.
C.
The following are considered a priority for afforestation and reforestation
to:
(1)
Establish or enhance forest buffers adjacent to intermittent and
perennial streams to widths of at least 50 feet;
(2)
Establish or enhance nonforested areas on nontidal one-hundred-year
floodplains, when appropriate;
(3)
Establish or increase existing forested corridors to connect existing
forests within or adjacent to the site and, where practical, forested
corridors should be a minimum of 300 feet in width to facilitate wildlife
movement;
(4)
Establish or enhance forest buffers adjacent to critical habitats
where appropriate;
(5)
Establish plantings to stabilize slopes of 25% or greater and slopes
of 15% or greater with a soil K value greater than 0.35, including
the slopes of ravines or other natural depressions;
(6)
Establish forest areas adjacent to existing forests to increase the
overall area of contiguous forest cover, when appropriate; and
(7)
Establish buffers adjacent to areas of a differing land use adjacent
to highways or utility rights-of-way.
(8)
Use native plant materials for afforestation or reforestation, when
appropriate.
A.
There is established a forest conservation fund in the Town of Galena.
B.
If a person subject to this chapter demonstrates to the satisfaction
of the Town of Galena that requirements for reforestation or afforestation
on-site or off-site cannot be reasonably accomplished, the person
shall contribute money, at a rate of 10 cents per square foot of the
area of required planting, into the county forest conservation fund.
C.
Money contributed instead of afforestation or reforestation under
this article shall be paid prior to final approval.
D.
The county shall accomplish the reforestation or afforestation for
which the money is deposited within one year or two growing seasons,
whichever is a greater time period, after receipt of the money.
E.
Money contributed under this article shall remain in the account
for a period of two years or three growing seasons, whichever is a
greater time period. At the end of that time, any part that has not
been used to meet the afforestation or reforestation requirements
shall be returned to the person who provided the money.
F.
Money deposited in the local forest conservation fund:
G.
Sites for afforestation or reforestation using fund money.
(1)
Except as provided herein, the reforestation or afforestation requirement
under this article shall occur in the Town of Galena and watershed
in which the project is located.
(2)
If the reforestation or afforestation cannot be reasonably accomplished
in the Town of Galena and watershed in which the project is located,
then the reforestation or afforestation shall occur in the county
or watershed in the state in which the project is located.
A.
Tree species used for afforestation or reforestation shall be native
to the county, when appropriate, and selected from a list of approved
species established by the Town of Galena.
B.
The Planning Commission shall adopt a list of tree species to be
used for any required afforestation or reforestation and incorporate
it into the Forest Conservation Manual.
A.
Review schedule.
(1)
A forest stand delineation shall be submitted prior to application
for a grading and sediment control permit, minor site plan, subdivision,
and preliminary site and subdivision plan. A simplified forest stand
delineation shall be submitted at concept site and subdivision plan
review and where applicable for minor subdivisions, site plans, grading,
and sediment control permits.
(a)
Within 30 calendar days after receipt of the forest stand delineation,
the Galena Planning Commission shall notify the applicant whether
the forest stand delineation is complete and correct.
(b)
If the Galena Planning Commission fails to notify the applicant
within 30 days, the delineation shall be treated as complete and correct.
(c)
The Galena Planning Commission may require further information
or provide for an additional 15 calendar days under extenuating circumstances.
(d)
An approved forest stand delineation shall remain in effect
for no more than five years and only if the conditions on the site
have not changed since approval.
(2)
Forest conservation plan.
(a)
A preliminary forest conservation plan shall be submitted with
the preliminary subdivision or site plan. It shall be reviewed concurrent
with the preliminary plan and may be modified during the review process.
(b)
A final conservation plan shall be submitted with minor subdivision
applications, final site and subdivision plan, and application for
a grading and sediment control permit.
(c)
The Town of Galena review of a final forest conservation plan
shall be concurrent with the review of the final plan or permit.
(d)
Within 30 calendar days after receipt of the final forest conservation
plan, the Town of Galena shall notify the applicant whether the forest
conservation plan is complete and approved.
(e)
If the Town of Galena fails to notify the applicant within 30
days, the final conservation plan shall be treated as complete and
correct.
(f)
The Town of Galena may require further information or extend
the deadline for an additional 15 calendar days under extenuating
circumstances.
(g)
At the request of the applicant, the Town of Galena may extend
the deadline under extenuating circumstances.
B.
Bonds.
(1)
A person required to conduct afforestation or reforestation under
this article shall furnish financial security in the form of a bond,
an irrevocable letter of credit, or other security approved by the
Town of Galena. The surety shall:
(a)
Assure that the afforestation, reforestation, and the associated
maintenance agreement are conducted and maintained in accordance with
the approved forest conservation plan;
(b)
Be in an amount equal to the estimated cost, as determined by
the Town of Galena, of afforestation and reforestation; and
(c)
Be in a form and of a content approved by the Town of Galena.
(2)
After one growing season, applicant may request reduction of the
amount of the bond or other financial security by submitting a written
request to the Town of Galena with a justification for reducing the
bond or other financial security amount, including estimated or actual
costs to ensure afforestation or reforestation requirements are met.
(3)
The Town of Galena shall determine whether a lesser amount is sufficient
to cover the cost of afforestation or reforestation, taking into account
the following:
(4)
If, after two growing seasons, the plantings associated with the
afforestation or reforestation meet or exceed the standards of the
Kent County Forest Conservation Manual, the amount of the cash bond,
letter of credit, surety bond, or other security shall be returned
or released.
C.
Variances.
(1)
The Galena Zoning Board of Appeals may grant requests for a variance
from the provisions of this chapter if it is demonstrated that strict
application of this chapter would result in unwarranted hardship.
(2)
An applicant for a variance shall:
(a)
Describe the special conditions peculiar to the property which
would cause the unwarranted hardship;
(b)
Describe how enforcement of these rules will deprive the applicant
of rights commonly enjoyed by others in similar areas;
(c)
Verify that the granting of the variance will not confer on
the applicant a special privilege that would be denied to other applicants;
(d)
Verify that the variance request is not based on conditions
or circumstances which are the result of actions by the applicant;
(e)
Verify that the request does not arise from a condition relating
to land or building use, either permitted or nonconforming, on a neighboring
property; and
(f)
Verify that the granting of a variance will not adversely affect
water quality.
(4)
Notice of a request for a variance shall be given to the Department
of Natural Resources within 15 days of receipt of a request for a
variance.
(5)
There is established by this chapter the right and authority of the
Department of Natural Resources to initiate or intervene in an administrative,
judicial or other original proceeding or appeal in the state concerning
an approval of a variance under this chapter.
D.
Enforcement.
(1)
The Planning Commission may revoke an approved forest conservation
plan if it finds that:
(a)
A provision of the plan has been violated;
(b)
Approval of the plan was obtained through fraud, misrepresentation,
a false or misleading statement, or omission of a relevant or material
fact; or
(c)
Changes in the development or in the condition of the site necessitate
preparation of a new or amended plan.
(2)
The Town of Galena may issue a stop-work order against a person who
violates a provision of this chapter or a regulation, order, approved
forest conservation plan, or maintenance agreement.
(3)
Before revoking approval of a forest conservation plan, the Town
of Galena shall notify the violator in writing and provide an opportunity
for a hearing.
(4)
Noncompliance fees.
(a)
A person found to be in noncompliance with this chapter, regulations
adopted under this chapter, the forest conservation plan, or the associated
two-year maintenance agreement, shall be assess by the Town of Galena
the penalty of $0.30 per square foot of the area found to be in noncompliance
with required forest conservation.
(5)
Violations.
(a)
In addition to the provisions under noncompliance fees of this
article, a person who violates a provision of this chapter or a regulation
or order adopted or issued under this chapter is liable for a penalty
not to exceed $1,000, which may be recovered in a civil action brought
by the Town of Galena.
(b)
Each day a violation continues is a separate violation.
(c)
The Town of Galena may seek an injunction requiring the person
to cease violation of this chapter and take corrective action to restore
or reforest an area.
(d)
Violations of this chapter may be treated as a municipal infraction.
A.
General rules of construction. The following general rules of construction
shall apply to the regulations of this chapter:
(1)
The singular number includes the plural and the plural includes the
singular unless the context clearly indicates the contrary.
(2)
Words used in the present tense include the past and future tense,
and the future the present.
(3)
The word "shall" is always mandatory. The word "may" is permissive.
(4)
The word "building" or "structure" includes any part thereof, and
the word "structure" includes the word "building."
(5)
Words and terms not defined herein shall be interpreted in accord
with their normal dictionary meaning and customary usage.
(7)
The word "Board" refers to the Galena Board of Zoning Appeals, a
three-member board appointed by the Mayor and Council.
B.
AFFORESTATION
AGRICULTURAL ACTIVITY
AGRICULTURAL AND RESOURCE AREAS
APPLICANT
APPROVED FOREST MANAGEMENT PLAN
CHAMPION TREE
CHAMPION TREE OF THE STATE
COMMERCIAL AND INDUSTRIAL USES
COMMERCIAL LOGGING OR TIMBER HARVEST OPERATIONS
CRITICAL HABITAT AREA
CRITICAL HABITAT FOR ENDANGERED SPECIES
DECLARATION OF INTENT
(1)
(a)
(b)
(c)
(2)
DEVELOPMENT PROJECT
DEVELOPMENT PROJECT COMPLETION
FOREST
FOREST CONSERVANCY DISTRICT BOARD
FOREST CONSERVATION
FOREST CONSERVATION AND MANAGEMENT AGREEMENT
FOREST CONSERVATION MANUAL
FOREST CONSERVATION PLAN
FOREST COVER
FOREST MANAGEMENT PLAN
FOREST STAND DELINEATION
GROWING SEASON
HIGH-DENSITY RESIDENTIAL AREAS
INTERMITTENT STREAM
LANDSCAPING PLAN
LOCAL AGENCY
LOT
MAINTENANCE AGREEMENT
NATURAL REGENERATION
NET TRACT AREA
(1)
(2)
NONTIDAL WETLANDS
(1)
(a)
(b)
(2)
OFF-SITE
ONE-HUNDRED-YEAR FLOOD
ONE-HUNDRED-YEAR FLOODPLAIN
ON-SITE
PERENNIAL STREAM
PERSON
PUBLIC UTILITY
REFORESTATION and REFORESTED
(1)
(2)
(3)
REGULATED ACTIVITY
RETENTION
SEDIMENT CONTROL PERMIT
SEEDLINGS
SELECTIVE CLEARING
SPECIES IN NEED OF CONSERVATION
STREAM BUFFER
SUBDIVISION
TIMBER HARVEST
TRACT
TREE
VARIANCE
WATERSHED
WHIP
Definitions. For the purpose of this chapter, certain terms and words
are hereby defined.
Farming activities including plowing, tillage, cropping,
installation of best management practices, seeding, cultivating, and
harvesting for production of food and fiber products (except commercial
logging and timber harvesting operations), the grazing and raising
of livestock, aquaculture, sod production, orchards, nursery, lands
in government set-aside programs, and other products cultivated as
part of a recognized commercial enterprise.
Undeveloped areas zoned for densities of less than or equal
to one dwelling unit per five acres and does not correspond to any
zoning districts in the Town of Galena.
A person who is applying for subdivision or project plan
approval or a grading or sediment control permit, or who has received
approval of a forest stand delineation or forest conservation plan.
A document:
The largest tree of its species within the United States,
the state, county, or municipality.
A tree which appears in the State Forest Conservation Manual
list of state champion trees.
Manufacturing operations, office complexes, shopping centers,
and other similar uses and their associated storage areas, yarding,
and parking areas, and corresponds to the C-1 General Commercial Zoning
District in the Town of Galena.
The cutting and removing of tree stems from a site for commercial
purposes, leaving the root mass intact.
A critical habitat for an endangered species and its surrounding
protection area. A critical habitat area shall:
A habitat occupied by an endangered species as determined
or listed under Natural Resources Article, §§ 4-2A-04
and 10-2A-04, Annotated Code of Maryland.
A signed and notarized statement by a landowner or the landowner's
agent certifying that the activity on the landowner's property:
Is for certain activities exempted under this chapter or Natural
Resources Article, § 5-103, Annotated Code of Maryland.
Does not circumvent the requirements of this chapter or Natural
Resources Article, § 5-103, Annotated Code of Maryland,
and
Does not conflict with the purposes of any other declaration
of intent; and
The document required under this chapter.
For the purposes of afforestation, reforestation, or payment
into a fund:
The forestry board created for each state forest conservancy
district under Natural Resources Article, §§ 5-601
through 5-610, Annotated Code of Maryland.
The retention of existing forest or the creation of new forest
at the levels required by this chapter.
An agreement as stated in the Tax-Property Article, § 8-211,
Annotated Code of Maryland.
The technical manual incorporated by reference, used to establish
standards of performance required in preparing forest stand delineations
and forest conservation plans.
A plan approved pursuant to the requirements of this chapter
and the Galena Forest Technical Manual.
The area of a site meeting the definition of "forest."
A plan establishing best conservation and management practices
for a landowner in assessment of the resource values of forested property.
The methodology for evaluating the existing vegetation on
a site proposed for development, as provided in Kent County's
Forest Conservation Manual.
The period of consecutive frost-free days as stated in the
current soil survey for Kent County published by the National Cooperative
Soil Survey Program, 16 U.S.C. § 590(a) through 590(f).
Areas zoned for densities greater than one dwelling unit
per acre, including both existing and planned development and their
associated infrastructure, such as roads, utilities, and water and
sewer service, and corresponds to the R-1 and R-3, Residential Zoning
Districts in the Town of Galena.
A stream in which surface water is absent during a part of
the year as shown on the most recent 7.5 minute topographic quadrangle
published by the United States Geologic Survey as confirmed by field
verification.
Each unit of local government in the executive, legislative,
or judicial branch of a county or municipal government, including
an office or department of public works.
A unit of land, the boundaries of which have been established
as a result of a deed or previous subdivision of a larger parcel,
and which will not be the subject of further subdivision, without
an approved forest stand delineation and forest conservation plan
as defined by this chapter.
The short-term management agreement associated with afforestation
or reforestation plans required by this chapter.[3]
The natural establishment of trees and other vegetation with
at least 400 woody, free-to-grow seedlings per acre, which are capable
of reaching a height of at least 20 feet at maturity.
Except in agriculture and resource areas the total area of a
site, including both forested and nonforested areas, to the nearest
1/10 acre, reduced by the area found to be within the boundaries of
the nontidal one-hundred-year floodplain; and
In agriculture and resource areas, the part of the total tract
for which land use will be changed or will no longer be used for primarily
agricultural activities, reduced by the area found to be within the
boundaries of the nontidal one-hundred-year floodplain.
An area that is:
Inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and under normal conditions does
support, a prevalence of vegetation typically adapted for life in
saturated soil conditions, commonly known as hydrophytic vegetation;
and
Considered a nontidal wetland in accordance with the publication
known as the "Federal Manual for Identifying and Delineating Jurisdictional
Wetlands," published in 1989 and as may be amended and interpreted
by the U.S. Environmental Protection Agency.
Does not include tidal wetlands regulated under Environment
Article Title 5, Subtitle 9, Annotated Code of Maryland.[4]
Outside of the limits of the area encompassed by the tract.
A flood which has a one percent chance of being equalled
or exceeded in any given year. Except for Class III waters (natural
trout streams), a body of water with a watershed less than 400 acres
is excluded.
An area along or adjacent to a stream or body of water, except
tidal waters, that is capable of storing or conveying floodwaters
during a one-hundred-year frequency storm event, or a one-hundred-year
flood.
Within the limits of the area encompassed by the tract, including
an area classified as a one-hundred-year floodplain.
A stream containing surface water throughout an average rainfall
year, as shown on the most recent 7.5 minute topographic quadrangle
published by the United States Geologic Survey, as confirmed by field
verification.
Includes the federal government, the state, a county, municipal
corporation, or other political subdivision of the state, or any of
their units, or an individual, receiver, trustee, guardian, executor,
administrator, fiduciary, or representative of any kind, or any partnership,
firm, association, public or private corporation, or any of their
affiliates, or any other entity.
Creation of a biological community dominated by trees and other
woody plants containing at least 100 live trees per acre, with at
least 50% of those trees having the potential of attaining a two-inch
or greater diameter measured at 4.5 feet above the ground, within
seven years; or
Establishment of a forest according to procedures set forth
in Chapter 3 of the Forest Conservation Manual.
Includes landscaping of areas under an approved landscaping
plan establishing a forest at least 35 feet wide and covering an area
of 2,500 square feet or more.
Any of the following activities when that activity occurs
on a unit of land which is 40,000 square feet or greater:
The deliberate holding and protecting of existing trees,
shrubs or plants on the site according to established standards as
provided in the Forest Conservation Manual.
The authorization of an activity regulated under a sediment
control plan as provided in the Environment Article, Title 4, Annotated
Code of Maryland.
An unbranched woody plant, less than 24 inches in height
and having a diameter of less than 1/2 inch measured at two inches
above the root collar.
The careful and planned removal of trees, shrubs, and plants
using specific standards and protection measures under an approved
forest conservation plan.
Those fish, plants and wildlife whose continued existence
are in question and which may be designated by regulation by the Secretary
of Natural Resources as in need of conservation pursuant to the requirements
of Natural Resources Article, §§ 10-2A-06 and 4-2A-03,
Annotated Code of Maryland.
All lands lying with 50 feet measured from the top of each
normal bank of a perennial or intermittent stream.
Any division of a unit of land into two or more lots or parcels
for the purpose, whether immediate or future, of transfer of ownership,
sale, lease, or development.
Property or unit of land subject to an application for a
grading or sediment control permit, subdivision approval, project
plan approval, or areas subject to this chapter.
A large, branched woody plant having one or several self-supporting
stems or trunks that reach a height of at least 20 feet at maturity.
All land lying within an area described as a subbasin in
water quality regulations adopted by the Department of the Environment
under COMAR 26.08.02.08.
An unbranched woody plant greater than 24 inches in height
and having a diameter of less than one inch measured at two inches
above the root collar.
