The purpose of this article is to meet the requirements
of the Natural Resources Article, §§ 5-1601 to 5-1612,
Annotated Code of Maryland, by prohibiting certain development projects
from cutting or clearing certain forests within the Town of Myersville
unless a forest stand delineation and a forest conservation plan are
in effect.
In this article, the following terms have the
meanings indicated:
AFFORESTATION
Establishment of a forest on an area from which forest cover
has been absent for a long period of time; the planting of open areas,
which are not presently in forest cover; or 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.
APPROPRIATE APPROVING AUTHORITY
The individual designated by the Town of Myersville as being
responsible for review and approval of any section of this article
as specified herein.
APPROVED FOREST MANAGEMENT PLAN
A document approved by the Department of Natural Resources
forester assigned to the County in which the property is located and
which operates as a protective agreement for forest conservation as
described in the Natural Resources Article, § 5-1607(e)
and (f), Annotated Code of Maryland.
CALIPER
The diameter 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.
CHAMPION TREE OF THE STATE
A tree which is being kept by the Maryland Forest Conservancy
Boards or the most recent list of state champion trees.
COMMERCIAL AND INDUSTRIAL USES
Manufacturing operations, office complexes, shopping center,
and other similar uses and their associated storage areas, yards and
parking areas and generally corresponds to Myersville zoning classification(s)
VC and GC.
CRITICAL HABITAT AREA
A critical habitat for an endangered species and its surrounding
protection area. A critical habitat area shall be likely to contribute
to the long-term survival of the species; be likely to be occupied
by the species for the foreseeable future; and constitute habitat
of the species which is considered critical under the Natural Resources
Article, §§ 4-2A-04 and 10-2A-04, Annotated Code of
Maryland.
CRITICAL HABITAT FOR ENDANGERED SPECIES
A habitat occupied by an endangered species as determined
or listed under the Natural Resources Article, §§ 4-2A-04
and 10-2A-04, Annotated Code of Maryland.
DECLARATION OF INTENT
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 article or the Natural
Resources Article, §§ 5-103 and 5-1601 to 5-1612, Annotated
Code of Maryland, and does not circumvent the requirements of this
article or Natural Resources Article, §§ 5-103 and
5-1601 to 5-1612, Annotated Code of Maryland, and does not conflict
with the purposes of any other declaration of intent, or the document
required under COMAR 08.19.01.05 or this article.
DEVELOPMENT PROJECT
The grading or construction activities occurring on a specific
tract that is 40,000 square feet or greater, and includes all nonresidential
development, redevelopment, and new construction, except that nonresidential
development projects include grading or construction activities occurring
on tracts that are 5,000 square feet or greater.
DEVELOPMENT PROJECT COMPLETION
For the purposes of afforestation, reforestation, or payment
into a fund, the release of the development bond, letter of credit
or other security if required; the acceptance of the project's streets,
utilities, and public services by the Town; or the designation by
the Planning Commission or state, if appropriate, that a development
project has been completed, or a particular stage of a staged development
project, including a planned unit development, has been completed.
FOREST
A biological community dominated by trees and other woody
plants covering a land area of 10,000 square feet or greater; "forest"
includes 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 areas that have been cut
but not cleared, however, "forest" does not include orchards.
FOREST CONSERVANCY DISTRICT BOARD
The forestry board created for each state forestry conservancy
district under the Natural Resources Article, §§ 5-601
to 5-610, Annotated Code of Maryland.
FOREST CONSERVATION
The retention of existing forest or the creation of new forest
at the levels set by the state or the Town.
FOREST CONSERVATION TECHNICAL MANUAL
The State Forest Conservation Technical Manual, 3rd Edition,
as amended, 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, or contains existing forest, and is used 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 Myersville which commits the banker
to certain procedures and requirements when creating and operating
the forest bank.
FOREST MITIGATION BANK PLAN
A plan for approval of a forest mitigation bank submitted
to the Town of Myersville 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 or redevelopment, as provided in the
Forest Conservation Technical Manual.
GROWING SEASON
The period of consecutive frost-free days as stated in the
current soil survey for this County published by the National Cooperative
Soil Survey Program, 16 U.S.C. § 590(a) to (f).
INSTITUTIONAL DEVELOPMENT AREA
Schools, colleges and universities, military installations,
transportation facilities, utility and sewer projects, government
offices and facilities, golf courses, recreation areas, parks, and
cemeteries, permitted in Myersville's open space, commercial and residential
zoning districts.
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 as confirmed by field
verification.
LANDSCAPING PLAN
A plan which is drawn to scale, showing dimensions and details
for reforesting an area at least 50 feet wide and covering 2,500 square
feet or greater in size, and employs native or indigenous species,
and which is made part of an approved forest conservation plan.
LINEAR PROJECT
A project which is elongated with nearly parallel sides and
is used to transport a public service not otherwise contained in an
application for subdivision, such as electricity, gas, sewer, communications,
trains, and vehicles, and may traverse fee simple properties through
defined boundaries or established easement rights.
LOCAL AGENCY
Each unit in the executive, legislative, or judicial branch
of a county or municipal government, including an office or 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, § 5-1601, Annotated Code
of Maryland, and this article, 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 §
130-69 of this article.
MIXED-USE DEVELOPMENT
A single, relatively high-density development project, usually
commercial in nature, which includes two or more types of uses.
MODIFICATION
Relief from the Natural Resources Article, §§ 5-1601
to 5-1612, Annotated Code of Maryland, or this article.
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
Except in open space areas, the total area of a site, including
both forested and nonforested areas, to the nearest 1/10 acre, and
in agriculture and open space areas, the part of the total tract for
which land use will be changed or will no longer be used for primarily
conservation/park activities. Also, for a linear project, "net tract
area" means 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
An area that is 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," or is 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.
"Nontidal wetlands" does not include tidal wetlands regulated under
the Environment Article, Title 16, Annotated Code of Maryland.
NOXIOUS WEEDS
The following plants in the State of Maryland (per Maryland
Noxious Weed Law, Agriculture Article, Title 9, Subtitle 4, Annotated
Code) as amended:
A.
Thistles belonging to the Asteraceae or composite
family, including Canada, musk, nodding, plumeless, and bull thistle;
B.
Johnsongrass (Sorghum halepense) or hybrids
that contain Johnsongrass as a parent;
C.
Shatter cane and wild cane (Sorghum bicolor).
OFF SITE
Outside of the limits of the area encompassed by the tract.
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
an 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 7.5-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, administration,
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 with at least 25% of the land permanently dedicated to open space permitted in various zoning districts pursuant to planned neighborhood development provisions of §
165-73 of the Myersville Municipal Code.
PRIORITY FUNDING AREA
An area designated as a priority funding area under § 5-7B-02
of the State Finance and Procurement Article, Annotated Code of Maryland,
as may be amended from time to time.
[Added 1-13-2015 by Ord. No. 2014-10]
PROJECT PLAN
A construction, grading, or sediment control activity on
an area of 40,000 square feet or greater by a local agency.
PUBLIC UTILITY
Any transmission line or electric generating station, or
water, sewer, electric, gas, telephone, or cable service lines.
REDEVELOPMENT
A proposed land-disturbing activity where the existing land
use is commercial, industrial, institutional, multifamily residential,
or public right-of-way and either:
A.
The existing development covers 50% or more
of the lot area; or
B.
The land-disturbing activity is limited to the
previously developed portion of the property.
REFORESTATION or REFORESTED
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 diameter measured at 4.5 feet above the ground,
within seven years, or the establishment of a forest according to
procedures set forth in the Forest Conservation Technical Manual.
In addition, "reforestation" or "reforested" includes landscaping
of areas under an approved landscaping plan establishing a forest
at least 50 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 40,000 square feet or greater: subdivision;
grading; an activity that requires a sediment control permit or project
plan of a local agency.
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 Technical Manual.
SEDIMENT CONTROL PERMIT
The authorization of an activity regulated under a sediment
control plan as provided in the Environment Article, Title 4, Annotated
Code of Maryland.
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.
STREAM BUFFER
All lands lying within 100 feet, measured from stream edge,
of a 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
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. "Timber harvesting" 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 article.
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.
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.
Except as provided in §
130-53, this article applies to:
A. A person making application for a subdivision, site
plan, project plan, grading, or sediment control approval on units
of land 40,000 square feet or greater after the effective date of
this article.
B. A public utility not exempt under §
130-53 of this article.
C. A unit of county or municipal government, including
a public utility or public works project, making application for a
subdivision, site plan, project plan, grading, or sediment control
approval on areas 40,000 square feet or greater.
D. A person making application for any nonresidential
development on land 5,000 square feet or greater of land disturbance.
This article does not apply to:
A. Highway construction activities under the Natural
Resources Article, § 5-103, Annotated Code of Maryland.
B. Areas governed by the Chesapeake Bay Critical Area
Protection Law, Natural Resources Article, §§ 8-1801
to 8-1817, Annotated Code of Maryland.
C. Commercial logging and timber-harvesting operations,
including harvesting conducted subject to the forest conservation
and management program under the Tax-Property Article, § 8-211,
Annotated Code of Maryland, that are completed:
(2) After July 1, 1991, on property which:
(a)
Has not been the subject of application for
a grading permit for development within five years after the logging
or harvesting operation; and
(b)
Is the subject of a declaration of intent as provided for in §
130-54 of this article, approved by the Planning Commission.
D. Agricultural activities not resulting in a change in land use category, including agricultural support buildings and other related structures built using accepted best management practices, except that a person engaging in an agricultural activity clearing 40,000 square feet or greater of forest within a one-year period may not receive an agricultural exemption, unless the person files a declaration of intent as provided for in §
130-54 which includes:
(1) A statement that the landowner or landowner's agent
will practice agriculture on that portion of the property for five
years from the date of the declaration; and
(2) A sketch map of the property, which shows the area
to be cleared.
E. The cutting or clearing of public utility rights-of-way
by companies licensed under Title 7 of the Public Utility Companies
Article, Annotated Code of Maryland, if:
(1) Required certificates of public convenience and necessity
have been issued in accordance with the Natural Resources Article,
§ 5-1603(f), Annotated Code of Maryland; and
(2) Cutting or clearing of the forest is conducted to
minimize the loss of forest.
F. Routine maintenance or emergency repairs of public
utility rights-of-way licensed under the Public Utility Companies
Article, §§ 7-204, 7-205, 7-207, and 7-208, Annotated
Code of Maryland.
G. Except for a public utility subject to §
130-54F, routine maintenance or emergency repairs of a public utility right-of-way if:
(1) The right-of-way existed before the effective date
of this article; or
(2) The right-of-way's initial construction was approved
under this article.
H. A residential construction activity conducted on an
existing single lot of any size of record at the time of application,
or a linear project not otherwise exempted under this article, if
the activity:
(1) Does not result in the cumulative cutting, clearing,
or grading of more than 40,000 square feet of forest;
(2) Does not result in the cutting, clearing, or grading
of a forest that is subject to the requirements of a previous forest
conservation plan approved under the ordinance codified in this article;
and
(3) Is the subject of a declaration of intent filed with the Town, as provided for in §
130-54, stating that the lot will not be the subject of a regulated activity within five years of the cutting, clearing, or grading of forest.
I. An activity required for the purpose of constructing
a dwelling house intended for the use of the owner, or a child or
a grandchild of the owner, if the activity:
(1) Does not result in the cutting, clearing, or grading
of more than 40,000 square feet of forest; and
(2) Is the subject of a declaration of intent filed with the Town, as provided for in §
130-54 of this article, which states that transfer of ownership may result in a loss of exemption.
J. A real estate transfer to provide a security, leasehold,
or other legal or equitable interest, including a transfer of title,
or a portion of a lot or parcel, if:
(1) The transfer does not involve a change in land use,
or new development or redevelopment, with associated land-disturbing
activities; and
(2) Both the grantor and grantee file a declaration of intent, as provided for in §
130-54.
The Town Council shall have the authority to
establish, by resolution, fees to cover the cost of administration
of this article, including the review of forest stand delineations,
forest conservation plans, requests for exemptions, requests for modifications,
management agreements and public works agreements, payment into the
Forest Conservation Fund, inspections and plan compliance monitoring.
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 approving authority, 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 one-hundred-year floodplain, intermittent and perennial
streams and their 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, or plants determined to be rare, threatened,
or endangered under:
(1) The Federal Endangered Species Act of 1973 in 16 U.S.C.
§§ 1531 to 1544 and in 50 CFR Part 17;
(2) The Maryland Nongame and Endangered Species Conservation
Act, Natural Resources Article, §§ 10-2A-01 to 10-2A-09,
Annotated Code of Maryland; and
D. Trees that:
(1) Are part of a historic site;
(2) Are associated with a historic structure; or
(3) Have been designated by the state or the appropriate
approving authority as a national, state, or county champion tree;
and
E. Any tree having a diameter measured at 4.5 feet above
the ground of:
(2) 75% or more of the diameter, measured at 4.5 feet
above the ground, of the current state champion tree of that species
as designated by the Department of Natural Resources.
A person making application after the effective
date of this article for subdivision, site plan or project plan approval,
a grading permit, or a sediment control permit for an area of land
of 40,000 square feet or greater (or 5,000 square feet or greater
for a nonresidential site), shall:
A. Conduct afforestation on the lot or parcel in accordance
with the following:
(1) A tract having less than 20% of the 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:
(c)
Residential areas (low- and medium-density);
(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)
Residential areas;
[Amended 10-9-2018 by Ord. No. 2018-08]
(c)
Mixed-use and planned unit development (PUD)
areas; and
[Amended 10-9-2018 by Ord. No. 2018-08]
(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 Subsections
A(1) and
(2) 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 2:1 ratio 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.