Terms defined. In this chapter, the following terms have the meanings
indicated:
100-YEAR FLOOD
A flood that 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 this chapter,
the 100-year floodplain boundaries coincide with those identified
on the Flood Insurance Rate Map (FIRM), most recently published by
the Federal Emergency Management Agency (FEMA).
AFFORESTATION
(1)
Establishment of a biological community dominated by trees on
an area from which forest cover has been absent for a long period
of time; or
(2)
Planting of open areas which are not presently in forest cover,
including streetscapes, landscape buffers, and areas indicated in
the Comprehensive Plan for planting; or
(3)
Establishment of a forest according to procedures outlined in
the State Forest Conservation Technical Manual.
AGRICULTURAL ACTIVITY
Farming activities, including plowing, tillage, cropping,
installation of best management practices, seeding, cultivating, and
harvesting for the 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 AND RESOURCE AREAS
Undeveloped areas zoned for densities of less than or equal
to one dwelling unit per five or one dwelling unit and farm caretaker
dwelling unit per 20 acres.
APPLICANT
A person applying for subdivision or project plan approval
or a grading or sediment control permit, or who has received the approval
of a forest stand delineation or forest conservation plan.
APPROVED FOREST MANAGEMENT PLAN
A document:
(1)
Approved by the Department of Natural Resources forester assigned
to the Town in which the property is located; and
(2)
Which operates as a protective agreement for forest conservation
as described in the Natural Resources Article, § 5-1607(e)
through (f), Annotated Code of Maryland.
BOARD OF APPEALS
The Board of Appeals of the Town of Denton, as established
in the Denton Zoning Ordinance.
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 town.
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 the Denton Zoning Ordinance district
classifications GC, CBC, CM, RHC, I, and MI.
CRITICAL HABITAT AREA
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 Natural Resources Article, §§ 4-2A-04, and 10-2A-06,
Annotated Code of Maryland.
DECLARATION OF INTENT
(1)
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 chapter or Natural
Resources Article, §§ 5-103 and 5-1601 through 5-1612,
Annotated Code of Maryland;
(b)
Does not circumvent the requirements of this chapter or Natural
Resources Article, §§ 5-103 and 5-1601 through 5-1612,
Annotated Code of Maryland; and
(c)
Does not conflict with the purposes of any other declaration
of intent; or
(2)
The document required under COMAR 08.19.01.05 or this chapter.
DEPARTMENT
The Denton Department of Planning and Codes Administration.
DEVELOPMENT PROJECT
The grading or construction activities occurring on a specific
tract that is 40,000 square feet or greater in disturbance. "Development
project" includes redevelopment.
DEVELOPMENT PROJECT COMPLETION
For the purposes of afforestation, reforestation, or 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 Town of Denton; or
(3)
Designation by the Town of Denton or State of Maryland that:
(a)
A development project has been completed; or
(b)
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. "Forest" does not include orchards.
FOREST CONSERVANCY DISTRICT BOARD
The Forestry Board created for each state forestry conservancy
district under Natural Resources Article, §§ 5-601
through 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 Town.
FOREST CONSERVATION PLAN
A plan approved pursuant to Natural Resources Article, §§ 5-1606
and 5-1607, Annotated Code of Maryland.
FOREST CONSERVATION TECHNICAL MANUAL
The State Forest Conservation Technical Manual is hereby
incorporated by reference and used to assist the Department in establishing
standards for 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 assessing forested property's resource values.
FOREST MITIGATION BANK
An area of land which has been intentionally afforested or
reforested 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 which commits the banker to certain procedures
and requirements when creating and operating the forest mitigation
bank.
FOREST MITIGATION BANK PLAN
A plan submitted for approval of a forest mitigation bank
to the Town 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, as provided in the State Forest Conservation
Technical Manual.
GROWING SEASON
The period of consecutive frost-free days, as stated in the
current soil survey for Caroline County and published by the National
Cooperative Soil Survey Program, 16 U.S.C. § 590(a) –
(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 infrastructures, such as roads, utilities, and water and
sewer service. These areas correspond to the Denton Zoning Ordinance
district classifications for all residential zones except the Agriculture
District and all properties located in the Resource Conservation Area.
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.
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:
(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 which:
(1)
Is elongated with nearly parallel sides;
(2)
Is used to transport a utility product or public service not
otherwise contained in an application for a subdivision, such as electricity,
gas, water, sewer, communications, trains, and vehicles; and
(3)
May traverse fee simple properties through defined boundaries
or established easement rights.
LOCAL AGENCY
Each unit in the executive, legislative, or judicial branch
of the Town of Denton government, including all agencies and departments
authorized to conduct each unit's business.
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 Natural Resources Article, § 5-1601, Annotated Code of
Maryland, and this chapter 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 Natural Resources Article, § 5-1605,
Annotated Code of Maryland, and 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.
MINOR DEVELOPMENT PROJECT
(1)
A project on less than five acres of land containing not more
than four lots per acre; or
(2)
Substantively similar as defined by the Town and approved by
the State.
MIXED-USE DEVELOPMENT
A single, relatively high-density development project, usually
commercial that includes two or more uses.
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
(1)
Except in agriculture and resource areas, the total area of
a site, including both forested and non-forested areas, to the nearest
1/10 acre, reduced by that area where forest clearing is restricted
by another local chapter, program, or within the boundaries of the
100-year floodplain and/or critical areas.
(2)
In agriculture and resource areas, the part of the total tract
for which land use will be changed or will no longer be used primarily
for agricultural activities, reduced by that area where forest clearing
is restricted by another local chapter or program, or within the boundaries
of the 100-year floodplain and/or critical areas; and
(3)
For a linear project, 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's project description.
NONTIDAL WETLANDS
(1)
An area that is inundated or saturated by surface 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 U.S. Environmental Protection Agency.
(3)
"Nontidal wetlands" does not include tidal wetlands regulated
under Natural Resources Article, Title 9, Annotated Code of Maryland.
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.
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, 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.
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 of Denton with at least 20% of the land permanently dedicated
to open space.
PRIORITY FUNDING AREA
An area designated as a priority funding area under State
Finance and Procurement Article, § 5-7b-02, Annotated Code
of Maryland.
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 television cable service
line.
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 outlined in
the State 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.
(3)
"Reforestation" or "reforested" for a linear project involving
overhead transmission lines may consist of a biological community
dominated by trees and woody shrubs with no minimum height or diameter
criteria.
REGULATED ACTIVITY
Any of the following activities, when that activity occurs
on a unit of land which is 40,000 square feet or greater:
(3)
An activity that requires a sediment control permit; or
RETENTION
The deliberate holding and protecting of existing trees,
shrubs, or plants on the site as determined by the Town using this
chapter as a reference tool.
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 50 feet, measured from the top of
each normal bank of a perennial or intermittent stream. For Tier 2
streams, all lands lying within 100 feet, measured from the top of
each normal bank of a perennial or intermittent stream.
STREAM RESTORATION PROJECT
An activity that:
(1)
Is designed to stabilize stream banks or enhance stream function
or habitat located within an existing stream, waterway, or floodplain;
(2)
Avoids and minimizes impacts to forests and provides for replanting
on site an equivalent number of trees to the number removed by the
project;
(3)
May be performed under a municipal separate storm sewer system
permit, a watershed implementation plan growth offset, or another
plan administered by the state or local government to achieve or maintain
water quality standards; and
(4)
Is not performed to satisfy stormwater management, wetlands
mitigation, or any other regulatory requirement associated with proposed
development activity.
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; does not include administrative subdivisions
that do not create new lots.
TIMBER HARVESTING
(1)
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 the 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
grading or sediment control permit, subdivision 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 Natural Resources Article §§ 5-1601
– 5-1612, Annotated Code of Maryland, or this chapter, and 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.