In this chapter the following terms have the meanings indicated.
AFFORESTATION
A.
Establishment of a forest on an area from which forest cover
has been absent for a long period of time; or
B.
Planting of open areas which are not presently in forest cover.
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, and
other products cultivated as part of a recognized commercial enterprise.
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 or municipality in which the property is located; and
B.
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.
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.
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 City of Havre de Grace Zoning
Classifications RO, RB, C and MOE.
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 Natural Resources Article, §§ 4-2A-04 and 10-2A-06,
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 Natural
Resources Article, §§ 5-103 and 5-1601 through 5-1612,
Annotated Code of Maryland;
(2)
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
(3)
Does not conflict with the purposes of any other declaration
of intent; or
B.
The document required under COMAR 08.19.01.05 or this chapter.
DEPARTMENT
The department charged with implementing the local forest
conservation program.
DEVELOPMENT PROJECT
A.
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:
A.
The release of the development bond, if required;
B.
Acceptance of the project's streets, utilities, and public services
by the Department; or
C.
Designation by the Department or state 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 10,000 square feet or greater.
B.
Includes:
(1)
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
(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 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 state or Department.
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 City of Havre de Grace 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 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 Department or local government which commits
the owner 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 Department, or a local government with an approved local program,
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 City of Havre
de Grace Forest Conservation Technical Manual.
GROWING SEASON
The period of consecutive frost-free days as stated in the
current soil survey for Harford 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 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 City of Havre de Grace Zoning Classifications
of R, R1, R2, RO and RB.
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 and corresponds to City of Havre de Grace Zoning Classifications
of R, R1, R2, RO, RB, C and MOE.
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 35 feet wide and covering 2,500 square feet or greater
in size;
B.
Using native or indigenous plants when appropriate; and
C.
Which is made part of an approved forest conservation plan.
LINEAR PROJECT
A project which:
A.
Is elongated with nearly parallel sides;
B.
Is used to transport a utility product or public service not
otherwise contained in an application for subdivision, such as electricity,
gas, water, sewer, communications, trains, and vehicles; and
C.
May traverse fee simple properties through defined boundaries,
or established easement rights.
LOCAL AGENCY
Each unit in the municipal government of the City of Havre
de Grace, including the Department of Public Works.
LOT
A unit of land, the boundaries of which have been established
by 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,
and corresponds to City of Havre de Grace Zoning Classifications of
R, R1, R2, RO and RB.
MINOR DEVELOPMENT PROJECT
A project:
A.
On less than five acres of land containing not more than four
lots per acre; or
B.
Substantively similar as defined by the Department and approved
by the state.
MIXED USE DEVELOPMENT
A single, relatively high-density development project, usually
commercial in nature, which includes two or more types of uses, and
corresponds to City of Havre de Grace Zoning Classifications of RO,
RB, C and MOE.
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 that area where forest clearing is restricted
by another local ordinance or program;
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 that area where forest clearing
is restricted by another local ordinance or program; and
C.
For a linear project:
(1)
The area of a right-of-way width, new access roads, and storage;
or
(2)
The limits of disturbance as shown on an application for sediment
and erosion control approval or in a capital improvements program
project description.
NONTIDAL WETLANDS
A.
An area that is:
(1)
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.
B.
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 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
City of Havre de Grace with at least 20% of the land permanently dedicated
to open space and corresponds to City of Havre de Grace Zoning Classification
R, R1, R2, RB, RO, C and MOE.
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:
A.
Transmission line or electric generating station; or
B.
Water, sewer, electric, gas, telephone, or television cable
service line.
REFORESTATION or REFORESTED
A.
The:
(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 the City of Havre de Grace's Forest Conservation Technical Manual.
B.
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.
C.
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:
C.
An activity that requires a sediment control permit; or
D.
Project plan of a local agency.
RESOURCE CONSERVATION AREAS
Undeveloped areas zoned for densities of less than or equal
to one dwelling unit per 20 acres and corresponds to City of Havre
de Grace Zoning Classifications R2, C and RB.
RETENTION
The deliberate holding and protecting of existing trees,
shrubs, or plants on the site according to established standards as
provided in the City of Havre de Grace Forest Conservation Technical
Manual.
SEDIMENT CONTROL PERMIT
The authorization of an activity regulated under a sediment
control plan as provided in 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
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 HARVESTING
A.
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.
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 or several self-supporting
stems or trunks that reach a height of at least 20 feet at maturity.
VARIANCE
A.
Relief from Natural Resources Article, §§ 5-1601
through 5-1612, Annotated Code of Maryland, or 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 24 inches in height
and having a diameter of less than one inch measured at two inches
above the root collar.
On or before March 1 of each year, the Department shall submit
to the Department of Natural Resources a report which contains the:
A. Number, location, and type of projects subject to the provisions
of this chapter;
B. Amount and location of acres cleared, conserved, and planted, including
any areas located in the one-hundred-year floodplain, in connection
with a development project;
C. Amount of reforestation and afforestation fees and noncompliance
penalties collected and expended, the number of acres for which the
fees were collected, and the number of acres reforested, afforested,
or conserved using the fees;
[Amended 8-3-2020 by Ord. No. 1038]
D. Costs of implementing the forest conservation program;
E. Location and size of all forest mitigation banks approved during
the past year with a description of the priority areas afforested
or reforested by the bank;
F. Number of acres debited from each forest mitigation bank since the
last annual report;
G. Forest mitigation banks inspected since the last annual report;
H. Number, location and types of violations and types of enforcement
activities conducted; and
I. The size and location of all conserved and planted forest areas shall
be submitted in an electronic geographic information system or computer-aided
design format if possible. If not possible, the location shall be
given by Maryland State Plane Grid Coordinates and eight-digit subwatershed.
The Department shall submit the necessary documentation to comply
with COMAR 08.19.02.04. as the same may be amended from time to time.
The City of Havre de Grace hereby adopts the Forest Conservation
Manual, 1997 Third Edition, prepared by the Metropolitan Washington
Council of Governments for the Maryland Department of Natural Resources,
as revised, as the City's Forest Conservation Technical Manual.