Definitions. For the purpose of this chapter, certain terms and words
are hereby defined.
AFFORESTATION
(1)
Establishment of a forest on an area from which forest cover
has been absent for a long period of time;
(2)
Planting of open areas which are not presently in forest cover;
or
(3)
Establishment of a forest according to procedures set forth
in the Forest Conservation 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 dwelling unit per five acres and does not correspond to any
zoning districts in the Town of Galena.
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:
(1)
Approved by the Department of Natural Resources forester assigned
to the county 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.
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 C-1 General Commercial Zoning
District in the Town of Galena.
CRITICAL HABITAT AREA
A 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, Annotated Code of Maryland.
(b)
Does not circumvent the requirements of this chapter or Natural
Resources Article, § 5-103, Annotated Code of Maryland,
and
(c)
Does not conflict with the purposes of any other declaration
of intent; and
(2)
The document required under this chapter.
DEVELOPMENT PROJECT
(1)
The grading or construction activities occurring on a specific
tract that is 40,000 square feet or greater.
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 county; or
(3)
Designation by the county that a:
(a)
Development project has been completed; or
(b)
Particular stage of a staged development project, including
a planned unit development, has been completed.
FOREST
(1)
A biological community dominated by trees and other woody plants
covering a land area of 10,000 square feet or greater.
(2)
Includes:
(a)
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
(b)
Areas that have been cut but not cleared.
(3)
Orchards are not considered forest.
FOREST CONSERVANCY DISTRICT BOARD
The forestry board created for each state forest 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 required by this chapter.
FOREST CONSERVATION MANUAL
The technical manual incorporated by reference, used to establish
standards of performance required in preparing forest stand delineations
and forest conservation plans.
FOREST CONSERVATION PLAN
A plan approved pursuant to the requirements of this chapter
and the Galena Forest Technical Manual.
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 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 590(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 infrastructure, such as roads, utilities, and water and
sewer service, and corresponds to the R-1 and R-3, Residential Zoning
Districts in the Town of Galena.
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
(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.
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, without
an approved forest stand delineation and forest conservation plan
as defined by this chapter.
MAINTENANCE AGREEMENT
The short-term management agreement associated with afforestation
or reforestation plans required by this chapter.
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 nonforested areas, to the nearest
1/10 acre, reduced by the area found to be within the boundaries of
the nontidal one-hundred-year floodplain; and
(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 for primarily
agricultural activities, reduced by the area found to be within the
boundaries of the nontidal one-hundred-year floodplain.
NONTIDAL WETLANDS
(1)
An area that is:
(a)
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
(b)
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.
(2)
Does not include tidal wetlands regulated under Environment
Article Title 5, Subtitle 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 equalled
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 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
(1)
Transmission line or electric generating station; or
(2)
Water, sewer, electric, gas, telephone, and television cable
service line.
REFORESTATION and REFORESTED
(1)
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
(2)
Establishment of a forest according to procedures set forth
in Chapter 3 of the Forest Conservation Manual.
(3)
Includes landscaping of areas under an approved landscaping
plan establishing a forest at least 35 feet wide and covering an area
of 2,500 square feet or more.
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
(4)
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 Forest Conservation 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.
SEEDLINGS
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.
SPECIES IN NEED OF CONSERVATION
Those fish, plants and wildlife whose continued existence
are 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 Natural Resources Article, §§ 10-2A-06 and 4-2A-03,
Annotated Code of Maryland.
STREAM BUFFER
All lands lying with 50 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 or more lots or parcels
for the purpose, whether immediate or future, of transfer of ownership,
sale, lease, or development.
TIMBER HARVEST
(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 forest floor.
(2)
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
(1)
Relief from this chapter.
(2)
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.