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.