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.
As used in this article, the following terms
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 Dorchester County Forest Conservation Technical Manual.
AGRICULTURAL RESOURCE AREA
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]
CRITICAL AREA
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.
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:
A.
Is for certain activities exempted under this
article.
B.
Does not circumvent the requirements of this
article.
C.
Does not conflict with the purposes of any other
declaration of intent.
DEPARTMENT
The Dorchester County Department of Planning and Zoning.
FOREST
A biological community dominated by trees and other woody
plants covering a land area of 10,000 square feet or greater.
A.
"Forest" 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 least 4.5 feet above the ground and larger.
(2)
Areas that have been cut but not cleared.
B.
Orchards and Christmas Tree plantations are
not included in the definition of "forest."
FOREST CONSERVATION THRESHOLD
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.
FOREST STAND DELINEATION
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.
MAINTENANCE AGREEMENT
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.
NET TRACT AREA
A.
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.
B.
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.
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.
REFORESTATION
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 Dorchester County Forest Conservation Technical Manual.
TREE
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.
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.