In this article, the following terms have the meanings indicated:
AFFORESTATION
The 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 Forest Conservation
Technical Manual.
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 a forest conservation plan.
APPROVED FOREST MANAGEMENT PLAN
A document approved by the Maryland 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.
COMAR
Code of Maryland Regulations.
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 Natural Resources
Article, §§ 4-2A-04 and 10-2A-06, 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: (1)
is for certain activities exempted under this article or Natural Resources
Article, §§ 5-103 and 5-1601 through 5-1612, Annotated
Code of Maryland; (2) does not circumvent the requirements of this
article or Natural Resources Article, §§ 5-103 and
5-1601 through 5-1612, Annotated Code of Maryland; and (3) does not
conflict with the purposes of any other declaration of intent; and
is 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. "Development project"
includes redevelopment.
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 Planning and Zoning Commission; or
C.
Designation by the Planning and Zoning Commission that a development
project has been completed, or that 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 this article.
FOREST CONSERVATION PLAN
A plan approved pursuant to this article or the Natural Resources
Article, §§ 5-1606 and 5-1607, Annotated Code of Maryland.
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 the Forest Conservation
Technical Manual.
GROWING SEASON
The period of consecutive frost-free days as stated in the
current soil survey covering the Town published by the National Cooperative
Soil Survey Program, 16 U.S.C. § 590a through f.
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
including the Town and published by the United States Geological Survey,
and as confirmed by field verification.
LANDSCAPING PLAN
A plan 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; using native or indigenous plants when appropriate;
and which is made part of an approved forest conservation plan.
LOT
For purposes of this article, 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 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 Natural Resources Article, § 5-1605,
Annotated Code of Maryland and 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
A.
Except in agriculture and resource areas, the total area of
a site, including both forested and nonforested areas, to the nearest
1/10 acre, reduced by the area found to be within the boundaries of
the one-hundred-year floodplain; and
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 one-hundred-year floodplain.
NONTIDAL WETLANDS
An area that is: (1) 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"; 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. "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.
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 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 Geological 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.
PROJECT PLAN
A construction, grading, or sediment control activity on
an area of 40,000 square feet or greater.
PUBLIC UTILITY
Any transmission line or electric generating station; or
water, sewer, electric, gas, telephone, and television cable service
line.
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.
"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.
REGULATED ACTIVITY
Any of the following activities, when that activity occurs
on a unit of land which is 40,000 square feet or greater:
C.
An activity that requires a sediment control permit; or
D.
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 50 feet, measured from the top of
each normal bank of a perennial or intermittent stream.
SUBDIVISION PLAN
An application for approval of a plat of subdivision prepared and submitted for approval by the Planning and Zoning Commission pursuant to the Chapter
245, Subdivision of Land, of the Code of the Town of Chesapeake Beach.
TRACT
Property, lot, parcel or other 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.
VARIANCE
Relief from this article, pursuant to §
290-40J of this article. It does not mean a zoning variance.
WATERSHED
All land lying within an area described as a subbasin in
water quality regulations adopted by the Maryland 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.