For the purpose of this chapter, certain terms
and words are hereby defined as follows:
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 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, lands
in government set-aside programs 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 (1) dwelling unit per five (5) acres, and corresponds to the Agricultural Zoning District of Chapter
222, Zoning.
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.
APPROVED FOREST MANAGEMENT PLAN
A document:
A.
Approved by the Department of Natural Resources
forester assigned to the county in which the property is located.
B.
Which operates as a protective agreement for
forest conservation as described in the Natural Resources Article,
§ 5-1607(e) and (f), of the Annotated Code of Maryland.
CALIBER
The diameter measured at two (2) inches above the root collar.
CHAMPION TREE
The largest tree of its species within the United States,
the state, county or municipality.
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 Crossroads Commercial, Industrial and Planned Industrial Zoning Districts of Chapter
222, Zoning.
CRITICAL HABITAT AREA
A critical habitat for an endangered species and its surrounding
protection area. A "critical habitat area" shall:
A.
Be likely to contribute to the long-term survival
of the species;
B.
Be likely to be occupied by the species for
the foreseeable future; and
C.
Constitute habitat of the species which is considered
critical under the Natural Resources Article, §§ 4-2A-04
and 10-2A-06, of the 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, of the Annotated Code of Maryland.
DECLARATION OF INTENT
A.
A signed and notarized statement by a landowner
or the landowner's agent certifying that the activity on the landowner's
property:
(1)
Is for certain activities exempted under this
chapter or the Natural Resources Article, § 5-103.
(2)
Does not circumvent the requirements of this
chapter or the Natural Resources Article, § 5-103.
(3)
Does not conflict with the purposes of any other
declaration of intent.
B.
The document required under this chapter.
DEVELOPMENT PROJECT
A.
The grading or construction activities occurring
on a specific tract that is forty thousand (40,000) square feet or
greater.
DEVELOPMENT PROJECT COMPLETION
For the purposes of afforestation, reforestation or payment
into a fund:
A.
The release of the development bond, if required;
B.
Acceptance of the project's streets, utilities
and public services by the county; or
C.
Designation by the county that a:
(1)
Development project has been completed; or
(2)
Particular stage of a staged development project,
including a planned unit development, has been completed.
FOREST
A.
A biological community dominated by trees and
other woody plants covering a land area of ten thousand (10,000) square
feet or greater.
B.
Includes:
(1)
Areas that have at least one hundred (100) live
trees per acre with at least fifty percent (50%) of those trees having
a two-inch or greater diameter at four and five-tenths (4.5) feet
above the ground and larger.
(2)
Areas that have been cut but not cleared.
C.
Does not include orchards.
FOREST CONSERVANCY DISTRICT BOARD
The forestry board created for each state forest conservancy
district under the Natural Resources Article, §§ 5-601
through 5-610, of the Annotated Code of Maryland.
FOREST CONSERVATION
The retention of existing forest or the creation of new forest
at the levels required by this chapter.
FOREST CONSERVATION PLAN
A plan approved pursuant to the requirements of this chapter
and the Kent County Forest Technical Manual.
FOREST CONSERVATION TECHNICAL MANUAL
The technical manual, 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 STAND DELINEATION
The methodology for evaluating the existing vegetation on
a site proposed for development, as provided in Kent County's Forest
Conservation Technical Manual.
GROWING SEASON
The period of consecutive frost-free days as stated in the
current soil survey for Kent County published by the National Cooperative
Soil Survey Program, 16 U.S.C. § 590(a) through (f).
HIGH-DENSITY RESIDENTIAL AREAS
Areas zoned for densities greater than one (1) 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 Village and Affordable Housing Zoning Districts of Chapter
222, Zoning.
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:
A.
Drawn to scale, showing dimensions and details
for reforesting an area at least thirty-five (35) feet wide and covering
two thousand five hundred (2,500) square feet or greater in size.
B.
Using native or indigenous plants when appropriate.
C.
Which is made part of an approved forest conservation
plan.
LOCAL AGENCY
Each unit of local government 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
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 by this chapter.
MEDIUM-DENSITY RESIDENTIAL AREAS
Areas zoned for densities greater than one (1) dwelling unit per five (5) acres and less than or equal to one (1) 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 Rural Residential Zoning District of Chapter
222, Zoning.
NATURAL REGENERATION
The natural establishment of trees and other vegetation with
at least four hundred (400) woody, free-to-grow seedlings per acre
which are capable of reaching a height of at least twenty (20) feet
at maturity.
NET TRACT AREA
A.
Except in agriculture and resource areas, the
total area of a site, including both forested and nonforested areas,
to the nearest one-tenth (1/10) acre, reduced by the area found to
be within the boundaries of the nontidal one-hundred-year floodplain.
B.
In agriculture and resource areas, the part
of the total tract for which land use will be changed or will no longer
be used for primarily agricultural activities, reduced by the area
found to be within the boundaries of the nontidal one-hundred-year
floodplain.
NONTIDAL WETLANDS
A.
An area that is:
(1)
Inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and which
under normal conditions does support, a prevalence of vegetation typically
adapted for life in saturated soil conditions, commonly known as "hydrophytic
vegetation."
(2)
Considered a nontidal wetland in accordance
with the publication know 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.
B.
Does not include tidal wetlands regulated under
the Natural Resources Article, Title 9, of the Annotated Code of Maryland.
OFF SITE
Outside of the limits of the area encompassed by the tract.
ONE-HUNDRED-YEAR FLOOD
A flood which has a one-percent 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 four hundred
(400) acres is excluded.
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
Includes 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.
PUBLIC UTILITY
A.
Transmission line or electric generating station;
or
B.
Water, sewer, electric, gas, telephone and television
cable service line.
REFORESTATION OR REFORESTED
A.
Creation of a biological community dominated
by trees and other woody plants containing at least one hundred (100)
live trees per acre, with at least fifty percent (50%) of those trees
having the potential of attaining a two-inch or greater diameter measured
at four and five-tenths (4.5) feet above the ground within seven (7)
years; or
B.
Establishment of a forest according to procedures set forth in Chapter
3 of the Kent County Forest Technical Conservation Manual.
C.
Includes landscaping of areas under an approved
landscaping plan establishing a forest at least thirty-five (35) feet
wide and covering an area of two thousand five hundred (2,500) square
feet or more.
REGULATED ACTIVITY
Any of the following activities when that activity occurs
on a unit of land which is forty thousand (40,000) square feet or
greater:
C.
An activity that requires a sediment control
permit.
D.
Project plan of a state or 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 Kent County 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, of the
Annotated Code of Maryland.
SEEDLINGS
An unbranched woody plant less than twenty-four (24) inches
in height and having a diameter of less than one-half (1/2) inch measured
at two (2) 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
An accurately scaled development plan that illustrates the
existing conditions on a parcel of land as well as depicting details
of a proposed development.
SPECIES IN NEED OF CONSERVATION
Those fish, plants and wildlife whose continued existence
is in question and which may be designated by regulation by the Secretary
of Natural Resources as in need of conservation pursuant to the requirements
of the Natural Resources Article, §§ 10-2A-06 and 4-2A-04,
of the Annotated Code of Maryland.
STREAM BUFFER
All lands lying with one hundred (100) feet measured from
the top of each normal bank of a perennial or intermittent stream.
SUBDIVISION
Any division of a unit of land into two (2) or more lots
or parcels for the purpose, whether immediate or future, of transfer
of ownership, sale, lease or development.
TIMBER HARVEST
A.
A tree-cutting operation affecting one (1) or
more acres of forest or developed woodland within a one-year interval
that disturbs five thousand (5,000) square feet or more of forest
floor.
B.
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 (1) or several self-supporting
stems or trunks that reach a height of at least twenty (20) feet at
maturity.
VARIANCE
A.
Relief from this chapter.
B.
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 twenty-four (24) inches
in height and having a diameter of less than one (1) inch measured
at two (2) inches above the root collar.
The following general rules of construction
shall apply to the regulations of this chapter:
A. The singular number includes the plural, and the plural
includes the singular, unless the context clearly indicates the contrary.
B. Words used in the present tense include the past and
future tense, and the future the present.
C. The word "shall" is always mandatory. The word "may"
is permissive.
D. The word "building" or "structure" includes any part
thereof, and the word "structure" includes the word "building."
E. Words and terms not defined herein shall be interpreted
in accord with their normal dictionary meaning and customary usage.
F. The word "Commission" refers to the Kent County Planning
Commission, a seven-member board appointed by the County Commissioners.
G. The word "Board" refers to the Board of Zoning Appeals,
a three-member board appointed by the County Commissioners.
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 Planning Office, 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 nontidal one-hundred-year floodplain, intermittent and
perennial stream 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 and plants determined to be a species
in need of conservation or rare, threatened or endangered under:
(1) The Federal Endangered Species Act of 1973 in 16 U.S.C.
§§ 1531 through 1544 and in 50 CFR Part 17.
(2) The Maryland Nongame and Endangered Species Conservation
Act, the Natural Resources Article, §§ 10-2A-01 through
10-2A-09, of the Annotated Code of Maryland.
D. Trees that:
(1) Are part of a historic site.
(2) Are associated with a historic structure.
(3) Have been designated by the state or the county as
a national, state or county champion tree.
E. Any tree having a diameter measured at four and five-tenths
(4.5) feet above the ground of:
(1) Thirty (30) inches or more; or
(2) Seventy-five (75%) or more of the diameter, measured
at four and five-tenths (4.5) feet above the ground, of the current
state champion tree of that species as designated by the Department
of Natural Resources.