Terms defined. In this chapter, the following terms
have the meanings indicated:
AFFORESTATION
(1)
Establishment of a forest on an area from which
forest cover is absent; or
(2)
Establishment of a forest according to procedures
set forth in the Talbot County 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.
Agricultural activities include the construction, improvements, or
maintenance of any and all associated buildings, structures, or other
permanent fixtures ordinarily used in commercial agricultural production.
APPLICANT
A person who is applying for subdivision, site plan or project
plan approval or a sediment and erosion control permit, and who has
requested approval of a forest stand delineation and forest conservation
plan.
APPROVED FOREST MANAGEMENT PLAN
A document:
(1)
Outlining all forestry practices to be conducted on a parcel of land as further defined in §
73-2B herein and approved by the DNR forester assigned to the County in which the property is located.
(2)
Which operates as a protective agreement for
forest conservation as described in Md. Code Ann., Natural Resources
Art., § 5-1607(e) through (f).
AQUACULTURE
The farming or culturing of fish, aquatic plants, and animals
in water. Activities include the culture of clams and oysters on tidelands
and subtidal areas. For the purposes of this definition, related activities
such as processing and product storage facilities are not considered
aquacultural practices.
CALIPER
The diameter of a tree measured at two inches above the root
collar.
CHAMPION TREE
The largest tree of its species within the United States,
the state, county, or municipality.
CLUSTER DEVELOPMENT
A development in which disturbance is concentrated in selected
areas of the site so as to provide natural habitat and preserve natural
features or other open space uses on the remainder.
COMMERCIAL AND INDUSTRIAL USES
Manufacturing operations, office complexes, shopping centers,
and other similar uses and their associated storage areas, yarding,
and parking areas, and corresponds to Talbot County zoning classifications
Village Residential (VR), Village Hamlet (VH) and Village Mixed (VM),
Limited Commercial (LC), General Commercial (GC) and Limited Industrial
(LI).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
CRITICAL HABITAT AREA
A critical habitat for an endangered species and its surrounding
protection area. A critical habitat area shall:
(1)
Be likely to contribute to the long-term survival
of the species;
(2)
Be likely to be occupied by the species for
the foreseeable future; and
(3)
Constitute habitat of the species which is considered
critical under Md. Code Ann., Natural Resources Art., § 4-2A-06
or 10-2A-06.
DECLARATION OF INTENT
A signed statement by a landowner or the landowner's agent,
having power of attorney, certifying that:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
The declaration of intent is for certain activities
exempted under this chapter;
(2)
The activity on the landowner's property does
not circumvent the requirements of this chapter; and
(3)
The activity on the landowner's property does
not conflict with the purposes of any other approved declaration of
intent.
DEPARTMENT
The Talbot County Office of Planning and Zoning.
DEVELOPMENT PROJECT
Any project requiring a site plan, sediment and erosion control
plan, and/or involving a subdivision of land or the redevelopment
of land.
DEVELOPMENT PROJECT COMPLETION
For the purposes of implementing afforestation and reforestation
requirements, or completing payment into a fund:
(1)
The release of the development bond, if required;
(2)
Acceptance of the project's streets, utilities,
and public services by the County; or
(3)
Designation by the Department that a:
(a)
Development project has been completed; or
(b)
Particular stage of a staged development project,
including a planned unit development, has been completed.
FOREST
(1)
"Forest" means a biological community dominated
by trees and other woody plants, covering a land area of 10,000 square
feet or greater.
(2)
Forest includes:
(a)
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
(b)
Areas that have been cut but not cleared.
(3)
Forest does not include orchards, tree nurseries,
or Christmas tree farms.
FOREST CONSERVANCY DISTRICT BOARD
The Talbot Forest Conservancy District Board, which was created
under Md. Code Ann., Natural Resources Art., §§ 5-601
through 5-610.
FOREST CONSERVATION
The retention of existing forest or the creation of new forest
at the levels set by this chapter pursuant to Md. Code Ann., Natural
Resources Art., §§ 5-1601 through 5-1612.
FOREST CONSERVATION PLAN
A plan prepared pursuant to Md. Code Ann., Natural Resources Art., §§ 5-1605 and 5-1606, as enumerated in §
73-7 herein.
FOREST CONSERVATION TECHNICAL MANUAL
The technical manual referred to as the "Talbot County Forest
Conservation Technical Manual," and incorporated by reference, used
to establish standards of performance required in preparing forest
stand delineations and forest conservation plans. The Talbot County
Forest Conservation Technical Manual shall be the most current version
of the Maryland State Forest Conservation Technical Manual.
FOREST COVER
The area of a site which contains forest as defined herein.
FOREST MANAGEMENT PLAN
A plan establishing best conservation and management practices
for a landowner in assessment of the resource values of forested property.
FOREST STAND DELINEATION
The methodology for evaluating the existing vegetation on
a site proposed for development, as provided in the Talbot County
Forest Conservation Technical Manual.
GROWING SEASON
The period of consecutive frost-free days as stated in the
current Talbot County Soil Survey published by the National Cooperative
Soil Survey Program, 16 U.S.C. § 590a 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, and corresponds to the Talbot County zoning classifications
Town Residential (TR), Village Residential (VR), Village Hamlet (VH)
and Village Mixed (VM), and the Affordable Workforce Housing Floating
District (AWH).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
IMMEDIATE FAMILY
Father, mother, son, or daughter.
[Amended 7-26-2011 by Bill No. 1204]
INSTITUTIONAL DEVELOPMENT AREA
Areas containing schools, colleges and universities, military installations, transportation facilities, utility and sewer projects, government offices and facilities, golf courses, recreation areas, parks, and cemeteries. These do not correspond to a particular County zoning classification, but may be a permitted use or allowed by a special exception under Chapter
190 of the Talbot County Code.
[Amended 4-14-2009 by Bill No. 1162]
INTERMITTENT STREAM
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, or as confirmed by
field verification and at the discretion of the Department.
LANDSCAPING PLAN
A plan:
(1)
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;
(2)
Using native or indigenous plants when appropriate;
and
(3)
Which is made part of an approved forest conservation
plan.
LINEAR PROJECT
A project whose configuration is elongated with nearly parallel
sides and 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. Such projects
may traverse fee simple properties through defined boundaries or through
easement rights.
LOCAL AGENCY
Each unit in the executive, legislative or judicial branch
of a County or municipal government.
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.
MAINTENANCE AGREEMENT
The short-term management agreement associated with afforestation or reforestation plans required under Md. Code Ann., Natural Resources Art., § 5-1605, and §
73-16A of 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,
and corresponds to the Talbot County zoning classifications Rural
Residential (RR), and when sewerage service is not available, the
zone classifications of Village Residential (VR), Village Hamlet (VH)
and Village Mixed (VM) and Town Residential (TR).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
MINOR DEVELOPMENT PROJECT
(1)
A minor subdivision of three lots or less; or
(2)
A residential, commercial or industrial development meeting the criteria of an administrative site plan review as set forth in Chapter
190 of the Talbot County Code; or
[Amended 4-14-2009 by Bill No. 1162; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
(3)
A building permit application for single-family
residences and associated accessory structures on lots greater than
20,000 square feet in size.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Except in agriculture and resource areas, and
in the residential zoning classifications of Village Residential (VR),
Village Hamlet (VH), Village Mixed (VM) and Town Residential (TR)
where agricultural activities are the primary land use, the total
area of a site, including both forested and nonforested areas, to
the nearest one-tenth acre, reduced by the area found to be within
the boundaries of the 100-year floodplain; and
(2)
In agriculture and resource areas, and in the
residential zoning classifications of Village Residential (VR), Village
Hamlet (VH), Village Mixed (VM) and Town Residential (TR) where agricultural
activities are the primary land use, the part of the total tract for
which land use will no longer be used for primarily agricultural activities,
reduced by the area found to be within the boundaries of the 100-year
floodplain.
NONTIDAL WETLANDS
An area that is:
(1)
Inundated or saturated by surface water 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
(2)
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 United States Environmental
Protection Agency.
OFF SITE
Outside of the limits of the area encompassed by the tract.
ON SITE
Within the limits of the area encompassed by the tract, including
an area classified as a 100-year floodplain.
100-YEAR FLOOD
A flood which has a 1% 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.
100-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 100-year frequency storm event, or a 100-year flood. For
the purpose of this chapter, boundaries of the 100-year floodplain
coincide with those identified on the Flood Insurance Rate Map (FIRM)
most recently published by the Federal Emergency Management Agency
(FEMA).
PERENNIAL STREAM
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 and at the discretion of the Department.
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.
PROJECT PLAN
A site plan, construction plan, and/or sediment and erosion
control activity on an area of 20,000 square feet or greater.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
PUBLIC UTILITY
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Transmission line or electric generating station;
or
(2)
Water, sewer, electric, gas, telephone, or television
cable service line; or
REFORESTATION or REFORESTED
(1)
Reforestation or reforested means the:
(a)
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
(b)
Establishment of a forest according to procedures
set forth in the Talbot County Forest Conservation Technical Manual.
(2)
Reforestation or reforested 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.
REGULATED ACTIVITY
Any of the following activities, when that activity occurs
on a unit of land which is 20,000 square feet or greater:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
An activity that requires a sediment and erosion
control permit; or
RETENTION
The deliberate holding and protecting of existing trees,
shrubs or plants on the site according to established standards as
provided in the Talbot County Forest Conservation Technical Manual.
SEDIMENT AND EROSION CONTROL PERMIT
The authorization of an activity regulated under a sediment
and erosion control plan as provided in Md. Code Ann., Environment
Art., Title 4.
SEEDLING
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.
SELECTIVE CLEARING
The careful and planned removal of trees, shrubs, and plants
using specific standards and protection measures under an approved
forest conservation plan.
SITE PLAN
A detailed plan of development showing the arrangement of
any buildings in relation to parking, streets, entrances, exits, open
space, and adjoining properties, with all information relevant to
size of area, number of parking spaces and square footage of buildings,
etc., inscribed thereon, in addition to any other pertinent information
as may be required by this chapter.
STREAM BUFFER
All lands lying within 100 feet of perennial streams and
50 feet of intermittent streams, measured from the edge of the stream
bank of the perennial or intermittent stream.
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
(1)
"Timber harvesting" means 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.
(2)
Timber harvesting does not include grubbing
and clearing of root mass.
TRACT
Property or unit of land subject to an application for a
sediment and erosion control permit, subdivision approval, site plan
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
Relief from the chapter as may be granted by the County Board of Appeals as enumerated in §
73-17. "Variance" 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 diameter of less than one inch measured at two inches
above the root collar.