The Leonardtown Town Council has enacted this chapter for the
purpose of prohibiting certain development projects from cutting or
clearing forest within the Town of Leonardtown unless a forest stand
delineation and a forest conservation plan are in effect, and requiring
the afforestation of sites presently without forest. In accordance
with the requirements of the Natural Resources Article of the Annotated
Code of Maryland, §§ 5-1601 through 5-1612, the provisions
of this chapter are enacted.
As used in this chapter, the following terms shall have the
meanings indicated:
AFFORESTATION
A.
Establishment of a forest on an area from which forest cover
has been absent for a long period of time;
B.
Planting of open areas which are not presently in forest cover;
or
C.
Establishment of a forest according to procedures set forth
in the Forest Conservation Technical Manual.
AGRICULTURAL ACTIVITY
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 and other
products cultivated as part of a recognized commercial enterprise.
APPLICANT
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.
APPROVED FOREST MANAGEMENT PLAN
A document:
A.
Approved by the Department of Natural Resources (DNR) forester
assigned to the county in which the property is located; and
B.
Which operates as a protective agreement for forest conservation
as described in the Natural Resources Article of the Annotated Code
of Maryland, § 5-1607(e) and (f).
CALIPER
The trunk diameter measured at two inches above the root
collar.
COMMERCIAL AND INDUSTRIAL USES
Manufacturing operations, office complexes, shopping centers
and other similar uses and their associated storage areas, yards and
parking areas, and corresponds to Highway Commercial, Commercial Office
and General Commercial Zoning Districts.
CRITICAL HABITAT AREA
A critical habitat for an endangered species and its surrounding
protection area. A "critical habitat area" shall:
A.
Be likely to contribute to the long-term survival of the species;
B.
Be likely to be occupied by the species for the foreseeable
future; and
C.
Constitute habitat of the species which is considered critical
under the Natural Resources Article of the Annotated Code of Maryland,
§§ 4-2A-04 and 10-2A-06.
CRITICAL HABITAT FOR ENDANGERED SPECIES
A habitat occupied by an endangered species as determined
or listed under the Natural Resources Article of the Annotated Code
of Maryland, §§ 4-2A-04 and 10-2A-04.
DECLARATION OF INTENT
A.
A signed and notarized statement by a landowner or the landowner's
agent certifying that the activity on the landowner's property:
(1)
Is for certain activities exempted under this chapter or the
Natural Resources Article of the Annotated Code of Maryland, §§ 5-103
and 5-1601 through 5-1612.
(2)
Does not circumvent the requirements of this chapter or the
Natural Resources Article of the Annotated Code of Maryland, §§ 5-103
and 5-1601 through 5-1612.
(3)
Does not conflict with the purposes of any other declaration
of intent; and
B.
The document required under COMAR 08.19.01.05 or this chapter.
DEVELOPMENT PROJECT
A.
The grading or construction activities occurring on a specific
tract that is 40,000 square feet or greater.
DEVELOPMENT PROJECT COMPLETION
For the purposes of afforestation, reforestation or payment
into a fund:
A.
The release of the development bond, if required;
B.
Acceptance of the project's streets, utilities, and public services
by the Planning Office; or
C.
Designation by the Planning Office or state that a:
(1)
Development project has been completed; or
(2)
Particular stage of a staged development project, including
a planned unit development, has been completed.
FOREST
A.
A biological community dominated by trees and other woody plants
covering a land area of 10,000 square feet or greater.
B.
Includes:
(1)
Areas that have at least 100 live trees per acre with at least
50% of those trees having a two-inch or greater diameter at 4.5 feet
above the ground and larger; and
(2)
Areas that have been cut but not cleared.
C.
Does not include orchards.
FOREST CONSERVANCY DISTRICT BOARD
The forestry board created for each state forestry conservancy
district under the Natural Resources Article of the Annotated Code
of Maryland, §§ 5-601 through 5-610.
FOREST CONSERVATION
The retention of existing forest or the creation of new forest
at the levels set by the state or the Planning Office.
FOREST CONSERVATION PLAN
A plan approved pursuant to the Natural Resources Article
of the Annotated Code of Maryland, §§ 5-1606 and 5-1607.
FOREST CONSERVATION TECHNICAL MANUAL
The technical manual incorporated by reference, used to establish
standards of performance required in preparing forest stand delineations
and forest conservation plans.
FOREST COVER
The area of a site meeting the definition of forest.
FOREST MANAGEMENT PLAN
A plan establishing best conservation and management practices
for a landowner in assessment of the resource values of forested property.
FOREST MITIGATION BANK
An area of land which has been intentionally afforested or
reforested for the express purpose of providing credits for reforestation
requirements.
FOREST MITIGATION BANK AGREEMENT
An agreement entered into by an individual owning a forest
mitigation bank and the Town of Leonardtown, which commits the banker
to certain procedures and requirements when creating and operating
the forest mitigation bank.
FOREST MITIGATION BANK PLAN
A plan for approval of a forest mitigation bank submitted
to the Town of Leonardtown, by an individual proposing to establish
a forest mitigation bank.
FOREST STAND DELINEATION
The methodology for evaluating the existing vegetation on
a site proposed for development, as provided in the Forest Conservation
Manual.
GROWING SEASON
The period of consecutive frost-free days as stated in the
current soil survey for St. Mary's County published by the National
Cooperative Soil Survey Program, 16 U.S.C. § 590(a) through
(f).
HIGH-DENSITY RESIDENTIAL AREAS
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. These include zoning categories R-SF, R-MF, and PUD-M
within the Town limits.
INSTITUTIONAL DEVELOPMENT AREA
Schools, colleges and universities, military installations,
hospitals, transportation facilities, utility and sewer projects,
government offices and facilities, golf courses, recreation areas,
parks and cemeteries.
INTERMITTENT STREAM
A stream in which surface water is absent during a part of
the year as shown on the most recent seven-and-five-tenths-minute
topographic quadrangle published by the United States Geologic Survey
as confirmed by field verification.
LANDSCAPING PLAN
A plan:
A.
Drawn to scale, showing dimensions and details for reforesting
an area at least 35 feet wide and covering 2,500 square feet or greater
in size;
B.
Using native or indigenous plants, when appropriate; and
C.
Which is made part of an approved forest conservation plan.
LINEAR PROJECT
A project which:
A.
Is elongated with nearly parallel sides;
B.
Is used to transport a utility product or public service not
otherwise contained in an application for subdivision, such as electricity,
gas, water, sewer, communications, trains, and vehicles; and
C.
May traverse fee simple properties through defined boundaries,
or established easement rights.
LOCAL AGENCY
All units in the executive, legislative and judicial branch
of the municipal government, including the Department of Public Works.
LOT
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, as defined
by the Natural Resources Article of the Annotated Code of Maryland,
§ 5-1601, and this chapter, without an approved forest stand
delineation and forest conservation plan.
MAINTENANCE AGREEMENT
The short-term management agreement associated with afforestation
or reforestation plans required under the Natural Resources Article
of the Annotated Code of Maryland, § 5-1605, and this chapter.
MEDIUM-DENSITY RESIDENTIAL AREAS
Areas zoned for densities greater than one dwelling unit
per five acres and less than or equal to one dwelling unit per acre,
including both existing and planned development and their associated
infrastructure, such as roads, utilities, and water and sewer service.
MINOR DEVELOPMENT PROJECT
A project:
A.
On fewer than five acres of land containing not more than four
lots per acre; or
B.
Substantively similar as defined by the Planning Office and
approved by the state.
MIXED-USE DEVELOPMENT
A single, relatively high-density development project, usually
commercial in nature, which includes two or more types of uses. These
include zoning categories C-B, C-O, C-H, C-M and C-SC within the town
limits.
NATURAL REGENERATION
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.
NET TRACT AREA
A.
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 one-hundred-year floodplain; and
B.
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 that area where forest clearing
is restricted by another local ordinance or program; and
C.
For a linear project, the area of a right-of-way width, new
access roads, and storage; or the limits of disturbance as shown on
an application for sediment and erosion control approval or in a capital
improvements program project description.
NONTIDAL WETLANDS
A.
An area that is:
(1)
Inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and which under normal conditions
does support, a prevalence of vegetation typically adapted for life
in saturated soil conditions, commonly known as "hydrophytic vegetation";
and
(2)
Considered a nontidal wetland in accordance with the publication
Federal Manual for Identifying and Delineating Jurisdictional Wetlands,
published in 1989 and as may be amended and interpreted by the United
States Environmental Protection Agency.
B.
Does not include tidal wetlands regulated under the Natural
Resources Article, Title 9, of the Annotated Code of Maryland.
OFF-SITE
Outside of the limits of the area encompassed by the tract.
ONE-HUNDRED-YEAR FLOOD
A flood which has a one-percent chance of being equaled 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.
ONE-HUNDRED-YEAR FLOODPLAIN
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.
ON-SITE
Within the limits of the area encompassed by the tract, including
any area classified as a one-hundred-year floodplain.
PERENNIAL STREAM
A stream containing surface water throughout an average rainfall
year, as shown on the most recent seven-and-five-tenths-minute topographic
quadrangle published by the United States Geologic Survey, as confirmed
by field verification.
PERSON
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.
PLANNED UNIT DEVELOPMENT
A development comprised of a combination of land uses or
varying intensities of the same land use in accordance with an integrated
plan that provides flexibility in land use design, approved by the
Town of Leonardtown, with at least 20% of the land permanently dedicated
to open space, and corresponds to the PUD-5 Zoning District.
PLANNING OFFICE
The office of the Town of Leonardtown charged with implementing
the local forest conservation program.
PRIORITY FUNDING AREA
An area designated as a priority funding area under § 5-7b-02
of the State Finance and Procurement Article of the Annotated Code
of Maryland.
PROJECT PLAN
A construction, grading, or sediment control activity on
an area of 40,000 square feet or greater, conducted by a local or
state agency.
PUBLIC UTILITY
A.
Any transmission line or electric generating station; or
B.
Any water, sewer, electric, gas, telephone, television cable
service line, or similar.
REFORESTATION or REFORESTED
A.
Either:
(1)
The 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 trunk diameter measured at 4.5 feet above the ground, within
seven years; or
(2)
The establishment of a forest according to procedures set forth
in the Forest Conservation Technical Manual.
B.
Includes landscaping of areas under an approved landscaping
plan establishing a forest at least 35 feet wide and covering 2,500
square feet or more of area.
C.
For a linear project involving overhead transmission lines,
reforestation may consist of a biological community dominated by trees
and woody shrubs with no minimum height or diameter criteria.
REGULATED ACTIVITY
Any of the following activities, when that activity occurs
on a unit of land which is 40,000 square feet or greater:
C.
An activity that requires a sediment control permit; or
D.
Project plan of a local agency.
RESIDENTIAL AREA
Areas zoned for only residential use and which correspond
to the R-SF Single-Family Residential and R-MF Multiple-Family Residential
Zoning Districts.
RETENTION
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.
SEDIMENT CONTROL PERMIT
The authorization of an activity regulated under a sediment
control plan as provided in the Environment Article, Title 4, of the
Annotated Code of Maryland.
SEEDLING
An unbranched woody plant, less than 24 inches in height
and having a trunk diameter of less than 1/2 inch measured at two
inches above the root collar.
SELECTIVE CLEARING
The careful and planned removal of trees, shrubs and plants
using specific standards and protection measures under an approved
forest conservation plan.
STREAM BUFFER
All lands lying within 50 feet, measured from the top of
each normal bank, of a perennial or intermittent stream.
STREAM RESTORATION PROJECT
An activity that:
A.
Is designed to stabilize stream banks or enhance stream function
or habitat located within an existing stream, waterway or floodplain.
B.
Avoids and minimizes impacts to forests and provides for replanting
on-site an equivalent number of trees to the number removed by the
project.
C.
May be performed under a municipal separate storm sewer system
permit, a watershed implementation plan growth offset or another plan
administered by the state or local government to achieve or maintain
water quality standards.
D.
Is not performed to satisfy stormwater management, wetlands
mitigation or any other regulatory requirement associated with proposed
development activity.
SUBDIVISION
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.
TIMBER HARVESTING
A.
A tree-cutting operation affecting one or more acres of forest
or developed woodland within a one-year interval that disturbs 5,000
square feet or more of forest floor.
B.
Does not include grubbing and clearing of root mass.
TRACT
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.
TREE
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.
VARIANCE
A.
Relief from the Natural Resources Article of the Annotated Code
of Maryland, §§ 5-1601 through 5-1612, or this chapter.
B.
Does not mean a zoning variance.
WATERSHED
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.
WHIP
An unbranched woody plant greater than 24 inches in height
and having a trunk diameter of less than one inch measured at two
inches above the root collar.
A person making application after the effective date of this
chapter for subdivision or project plan approval, a grading permit
or a sediment control permit for an area of land of 40,000 square
feet or greater shall:
A. Conduct afforestation on the lot or parcel in accordance with the
following:
(1) A tract with less than 20% of its net tract area in forest cover
shall be afforested up to at least 20% of the net tract area for the
following land use categories:
(a)
Agriculture and resource areas; and
(b)
Medium-density residential areas;
(2) 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 for the
following land use categories:
(a)
Institutional development areas;
(b)
High-density residential areas;
(c)
Mixed-use and planned unit development areas; and
(d)
Commercial and industrial use areas;
B. Comply with the following when cutting into forest cover that is currently below the afforestation percentages described in Subsection
A of this chapter:
(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 ratio of 2:1 and added to the amount
of afforestation necessary to reach the minimum required afforestation
level, as determined by the amount of forest existing before cutting
or clearing began.
On or before March 1 of each year, the Planning Office shall
submit to the Department of Natural Resources a report on:
A. The number, location and type of projects subject to the provisions
of this chapter.
B. The amount and location of acres cleared, conserved and planted,
including any areas located in the one-hundred-year floodplain, in
connection with a development project.
C. The amount of reforestation and afforestation fees and noncompliance
penalties collected and expended, the number of acres for which the
fees were collected and the number of acres reforested, afforested
or conserved using the fees.
[Amended 8-10-2020 by Ord. No. 197]
D. The costs of implementing the Forest Conservation Program.
E. Location and size of all forest mitigation banks approved during
the past year with a description of the priority areas afforested
or reforested by the bank.
F. Number of acres debited from each forest mitigation bank since the
last annual report.
G. Forest mitigation banks inspected since the last annual report.
H. Number, location, and types of violations and types of enforcement
activities conducted.
I. The size and location of all conserved and planted forest areas shall
be submitted in an electronic geographic information system or computer
aided design format if possible. If not possible, the location shall
be given by Maryland State Plane Grid Coordinates and eight-digit
subwatershed.
The Planning Office shall submit the necessary documentation
to comply with COMAR 08.19.02.04.
This chapter is hereby enacted and becomes effective August
3, 2015. This chapter may be amended as required. All amendments to
this chapter are subject to the approval of the Department of Natural
Resources.