It is the intent of this article to provide,
as authorized by the Natural Resources Article of the Annotated Code
of Maryland, § 5-1601 et seq., necessary development controls
to protect and enhance the existing natural resources in Dorchester
County.
A.
The provisions in this article are in addition to
other regulations of this chapter. In all cases of conflicting requirements,
the provisions which represent the greatest restriction shall govern.
As used in this article, the following terms
have the meanings indicated:
Establishment of a forest on an area from which
forest cover has been absent for a long period of time;
Planting of open areas which are not presently
in forest cover; or
Establishment of a forest according to procedures
set forth in the Dorchester County Forest Conservation Technical Manual.
Undeveloped areas zoned for densities of less than or equal
to one dwelling unit per five acres. In Dorchester County this term
shall apply to the following zoning districts: Agricultural Conservation
(AC), Rural Conservation (RC) and Rural Residential-Conservation (RR-C).
[Amended 11-24-1998 by Ord. No. 258]
All waters of and lands under the Chesapeake Bay and its
tributaries to the head of tide, all state and private tidal wetlands
and all land and water areas within 1,000 feet of the landward boundary
of heads of tides and state or private tidal wetlands, as modified
pursuant to Natural Resources Article, § 8-1807, 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:
The Dorchester County Department of Planning and Zoning.
A biological community dominated by trees and other woody
plants covering a land area of 10,000 square feet or greater.
The percentage of the net tract area at which the reforestation
requirement changes from a ratio of 1/4 acre planted for each acre
removed above the threshold to a ratio of two acres planted for each
acre removed below the threshold.
The methodology for evaluating the existing vegetation on
a site proposed for subdivision, as provided in the Dorchester County
Forest Conservation Technical Manual, incorporated herein by reference.
The short-term management agreement associated with afforestation
or reforestation plans required under Natural Resources Article, § 5-1605,
Annotated Code of Maryland, and this article.
Except in agricultural and resource areas, the
total area of a parcel, including both forested and nonforested areas,
to the nearest 1/10 acre, reduced by the area to be found within the
critical area, and the incorporated limits of any municipality.
In agricultural and resource areas, the part
of the total tract for which land use will be changed or will no longer
be used for primary agricultural activities, reduced by the area to
be found within the critical area, and the incorporated limits of
any municipality.
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 the Dorchester County Forest Conservation Technical Manual.
A large woody plant that reaches a height of at least 20
feet at maturity, having one or several self-supporting stems or trunks
and numerous branches.
The following are exempt from this article:
A.
Subdivisions which are located completely within the
critical area.
B.
Subdivisions which are located completely within the
corporate limits of a municipality.
C.
Any subdivisions which meets the following:
(1)
A minor subdivision recorded prior to the effective
date of this article;
(2)
A major subdivision granted preliminary approval by
the Planning Commission prior to July 1, 1991; or
(3)
A major subdivision granted final approval by the
Planning Commission prior to the effective date of this article.
D.
The subdivision of any lot or parcel containing less
than 40,000 square feet.
E.
A subdivision created for the sole purpose of constructing
a dwelling unit for the owner or the owner's child or grandchild,
provided that:
[Amended 11-24-1998 by Ord. No. 258]
(1)
The construction of the dwelling unit(s) and attendant
improvements will not result in the cutting, clearing or grading of
more than 40,000 square feet of forest per lot; and
(2)
The lot(s) being created is (are) subject to a declaration
of intent which provides for a revocation of the exemption if the
lot is transferred to a nonfamily member within five years of the
declaration.
F.
The subdivision of any lot on which a principal structure
existed prior to the effective date of this article, provided that:
(1)
The parcel being subdivided does not involve a change
in land use or new development or redevelopment with associated land
disturbing activities.
(2)
The lot(s) being created is subject to a declaration
of intent which, for a period of five years, limits the future cumulative
clearing, cutting or grading of forest on the lot to less than 40,000
square feet.
G.
The exchange of land between adjoining property owners,
subject to other provisions enumerated herein.
H.
The division of land for agricultural purposes, subject
to other provisions enumerated herein.
I.
Any activity regulated through the Dorchester County
Highway Department.
A.
A person making application for a subdivision after
the effective date of this article on an area of land of 40,000 square
feet or greater, unless otherwise exempted under this article, shall:
(1)
Submit to the Department three copies of a forest stand delineation and a forest conservation plan for the lot or parcel on which the development is located, in accordance with the Chapter 96, Forest Conservation Standards, of the Dorchester County Code; and
(2)
Use methods as provided in the Dorchester County Forest
Conservation Technical Manual to protect retained forests and trees
during construction.
B.
If a local agency or person using state funds makes
application to subdivide, the following applies:
(1)
The subdivision shall be submitted to the Department,
which shall notify the Department of Natural Resources within seven
days of receipt of the subdivision application.
(2)
The Department may not approve a subdivision until
it receives notice from the Department of Natural Resources that the
standards and requirements of the state program have been satisfied.
A.
A forest stand delineation, prepared in the manner prescribed by the Forest Conservation Standards (Chapter 96 of the Dorchester County Code), shall be submitted with any subdivision not expressly exempted herein.
B.
The forest stand delineation may be submitted prior
to the submittal of the Forest Conservation Plan, at the option of
the applicant.
C.
A forest stand delineation shall be submitted for
the entire parcel.
[Amended 11-24-1998 by Ord. No. 258]
D.
For minor subdivisions, a forest stand delineation
may be submitted for that portion of the parcel being subdivided.
A.
A Forest Conservation Plan, prepared in the manner prescribed by Chapter 96, Forest Conservation Standards, of this Code, shall be submitted with any subdivision not expressly exempted herein.
B.
The Forest Conservation Plan may be changed or amended
from time to time after its initial submittal to the Department, but
may not be changed or amended subsequent to its approval by the Planning
Commission unless said change is also approved.
[Amended 11-24-1998 by Ord. No. 258]
C.
The Department's review of the Forest Conservation
Plan shall be concurrent with the review of the subdivision.
D.
The Planning Commission shall approve forest conservation
plans for all major subdivisions. The Director shall approve forest
conservation plans for all minor subdivisions.
[Amended 11-24-1998 by Ord. No. 258]
E.
Approval of the Forest Conservation Plan shall be
a condition of final approval of the subdivision plat.
F.
The Department may revoke an approved Forest Conservation
Plan if it finds that:
(1)
A provision of the plan has been violated;
(2)
Approval of the plan was obtained through fraud, misrepresentation,
a false or misleading statement or omission of a relevant or material
fact; or
(3)
Changes in the development or in the condition of
the site necessitate preparation of a new or amended plan.
G.
Before revoking approval of a Forest Conservation
Plan, the Department shall notify the violator in writing.
A.
A person making application for a subdivision after
the effective date of this article on an area of land of 40,000 square
feet or greater, unless expressly herein, shall conduct afforestation
in accordance with the following:
(1)
In agricultural and resource areas, if net tract area
has less than 20% forest cover, the net tract area shall be afforested
up to at least 20%.
(2)
In areas other than agricultural and resource areas,
if the net tract area has less than 15% forest cover, the net tract
area shall be afforested up to at least 15%.
(3)
The required afforestation level shall be determined
by the amount of forest existing before cutting or clearing begins.
Existing forest cut or cleared below the afforested levels stated
above shall be reforested or afforested at a two-to-one ratio and
added to the amount of afforestation necessary to reach the minimum
required afforestation level.
B.
If the Commission finds that the applicant's proposed
location of afforestation required under this article cannot reasonably
be protected, the Commission may, at its discretion, require the applicant
to reconfigure or relocate the area(s) to be afforested.
C.
While the Commission encourages the landscaping of
individual building lots, this article does not recognize the incidental
landscaping of individual lots as meeting the afforestation requirements
contained herein.
D.
Those trees, shrubs and plants and specific areas identified in Chapter 96, Forest Conservation Standards, of the Dorchester County Code as priority for retention and protection shall be left in an undisturbed condition unless the applicant can demonstrate to the Department that reasonable efforts have been made to protect them.
A.
After reasonable efforts to minimize the cutting or clearing of trees have been exhausted in the development of a subdivision, the Forest Conservation Plan shall provide for reforestation in accordance with Chapter 96, Forest Conservation Standards, of the Dorchester County Code and the forest conservation threshold described below.
B.
The forest conservation threshold shall be as follows:
[Amended 11-24-1998 by Ord. No. 258]
|
Zoning District
|
Threshold Percentage
|
|---|---|
|
AC
|
50%
|
|
RC
|
50%
|
|
RR-C
|
50%
|
|
RR
|
25%
|
|
SR
|
20%
|
|
V
|
20%
|
|
B-1
|
20%
|
|
B-2
|
15%
|
|
I-1
|
15%
|
|
I-2
|
15%
|
C.
For all existing forest cover measured to the nearest
1/10 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.
D.
For all existing forest cover measured to the nearest
1/10 acre cleared on the net tract area below the applicable forest
conservation threshold, the area of forest removed shall be reforested
at the ratio of two acres planted for each acre removed.
E.
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 forested.
A.
When a portion of land proposed for subdivision is
located within the critical area, the applicant may conduct some or
all of the afforestation or reforestation required by this article
on that portion of the parcel located within the critical area.
B.
For purposes of calculating the minimum afforestation
or reforestation requirements of this article, the applicant may consider
the entire acreage of the parcel, including land within the critical
area, rather than only the area being proposed for subdivision. In
such an instance, the term "net tract area" shall be construed to
mean the entire parcel, and a forest stand delineation and a forest
conservation plan must be prepared for the entire parcel.
C.
The requirements for afforestation or reforestation
in this section shall be construed to be considered in addition to,
rather than in lieu of, any requirements for afforestation or reforestation
pursuant to the Dorchester County Critical Area Protection Program
and attendant ordinances.
D.
When more than 50% of the area being subdivided lies
within the critical area, the Department may allow the applicant to
extend critical area forest protection measures in lieu of meeting
the requirements of this article.
[Added 11-24-1998 by Ord. No. 258]
A.
A person may request a variance from this article in the same manner as provided for in § 140-46 of this chapter.
C.
The Dorchester County Board of Appeals shall make
findings that the applicant has met the conditions necessary to warrant
a variance.
D.
The Department shall provide copies of the application
for a variance to the Department of Natural Resources at least 15
days after receipt.
E.
There is established by this article the right and
authority of the Department of Natural Resources to initiate or intervene
in an administrative, judicial or other original proceedings or appeal
in the state concerning an approval of a variance under Natural Resources
Article, § 5-1601 et seq., Annotated Code of Maryland or
this article.
A.
The enforcement provisions in this article are in
addition to any other provisions in this chapter.
B.
The Department may issue a stop-work order against
a person who violates a provision of this article or a regulation,
order, approved forest conservation plan or maintenance agreement.
C.
A person found to be in noncompliance under this article,
the forest conservation plan or maintenance agreement may be assessed
by the Department the penalty of $0.30 per square foot of the area
found to be in noncompliance. Moneys collected under this section
shall be deposited in a Forest Conservation Fund and may be used by
the Department for purposes related to implementing this article.
D.
The Department may seek an injunction requiring the
person to cease violation of this article and take corrective action
to restore or reforest an area.
E.
Any person or persons found guilty of a violation
of any of the provisions of this article shall be deemed guilty of
a misdemeanor and shall, upon conviction thereof, be fined not more
than $1,000 or be imprisoned for not more than 30 days, or both. Each
and every day such violation occurs shall be considered a separate
offense.
The County Commissioners shall establish a schedule
of fees, charges and expenses and a collection procedure for the review
and approval of the forest stand delineation, Forest Conservation
Plan and review of other plans or agreements as required by this article.
This fee will provide for the cost of plan review, administration
and management of the plan approval process and inspection and monitoring
of all projects subject to this article. Such schedule shall be posted
in the Department and may be altered or amended, from time to time,
without a public hearing, only by the County Commissioners upon the
recommendation of the Planning Commission.[1]
[1]
Editor's Note: Former Article XIV, Transition
Provisions, consisting of §§ 140-69 through 140-72,
which immediately followed this section, was repealed 11-24-1998 by
Ord. No. 258.
