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.
For the purpose of this chapter, certain terms and words are
hereby defined.
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.
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.
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.
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 Rock Hall.
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.
A document:
The diameter measured at two inches above the root collar.
The largest tree of its species within the United States,
the state, county, or municipality.
A tree which appears in the State Forest Conservation Manual
list of state champion trees.
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, C-2, C-3 and MCI Zoning
Districts of the Town of Rock Hall.
The cutting and removing of tree stems from a site for commercial
purposes, leaving the root mass intact.
A critical habitat for an endangered species and its surrounding
protection area. A critical habitat area shall:
A habitat occupied by an endangered species as determined
or listed under Natural Resources Article, § 4-2A-04 and
10-2A-04, Annotated Code of Maryland.
A signed and notarized statement by a landowner or the landowner's
agent certifying that the activity on the landowner's property:
Is for certain activities exempted under this chapter or Natural
Resources Article, § 5-103, Annotated Code of Maryland;
Does not circumvent the requirements of this chapter or Natural
Resources Article, § 5-103, Annotated Code of Maryland;
and
Does not conflict with the purposes of any other declaration
of intent; and
The document required under this chapter.
For the purposes of afforestation, reforestation, or payment
into a fund:
The forestry board created for each state forest conservancy
district under Natural Resources Article, §§ 5-601
through 5-610, Annotated Code of Maryland.
The retention of existing forest or the creation of new forest
at the levels required by this chapter.
An agreement as stated in the Tax-Property Article § 8-211,
Annotated Code of Maryland.
A plan approved pursuant to the requirements of this chapter
and the Rock Hall Forest Technical Manual.
The technical manual incorporated by reference, used to establish
standards of performance required in preparing forest stand delineations
and forest conservation plans.
The area of a site meeting the definition of forest.
A plan establishing best conservation and management practices
for a landowner in assessment of the resource values of forested property.
The methodology for evaluating the existing vegetation on
a site proposed for development, as provided in Rock Hall's Forest
Conservation Technical Manual.
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).
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, R-2 and R-3 Zoning Districts
of the Town of Rock Hall.
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.
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.
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.
The short-term management agreement associated with afforestation
or reforestation plans required by this chapter.
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,
and does not correspond to any zoning districts in the Town of Rock
Hall.
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.
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 100-year floodplain; and
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 100-year floodplain.
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
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 U.S. Environmental Protection Agency.
Does not include tidal wetlands regulated under Natural Resources
Article, Title 9, Annotated Code of Maryland.
Outside of the limits of the area encompassed by the tract.
Within the limits of the area encompassed by the tract, including
an area classified as a 100-year floodplain.
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.
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.
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
Establishment of a forest according to procedures set forth in Chapter 3 of the Rock Hall Technical Forest Conservation Manual.
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.
Any of the following activities when that activity occurs
on a unit of land which is 40,000 square feet or greater:
The deliberate holding and protecting of existing trees,
shrubs or plants on the site according to established standards as
provided in the Rock Hall County Forest Conservation Technical Manual.
The authorization of an activity regulated under a sediment
control plan as provided in the Environment Article, Title 4, Annotated
Code of Maryland.
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.
The careful and planned removal of trees, shrubs, and plants
using specific standards and protection measures under an approved
forest conservation plan.
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.
All lands lying with 50 feet measured from the top of each
normal bank of a perennial or intermittent stream.
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.
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 subtitle.
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.
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.
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.
