The Planning and Zoning has determined that
to meet the requirements of Natural Resources Article §§ 5-1601
through 5-1612 Annotated Code of Maryland and the Forest Conservation
Act, the provisions of this chapter must be enacted.
In this chapter, the following terms have the
meanings indicated.
Undeveloped areas with an existing density of less than or
equal to one dwelling unit per five acres.
[Added 2-6-2012 by Ord. No. 2012-01[1]]
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:
Approved by the 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 § 5-1607(e)-(f),
Annotated Code of Maryland (page 12 of the Forest Conservation Act
and Regulations).
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 all zoning classifications of
Federalsburg.
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 and
5-1601 through 5-1612, Annotated Code of Maryland;
Does not circumvent the requirements of this
chapter or Natural Resources Article, §§ 5-103 and
5-1601 through 5-1612, Annotated Code of Maryland;
Does not conflict with the purposes of any other
declaration of intent; and
The document required under COMAR 08.19.01.05
or this chapter.
The Department charged with implementing the local forest
conservation program, Federalsburg Planning and Zoning.
For the purposes of afforestation, reforestation, or payment
into a fund:
The forestry board created for each State Forestry 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 set by the state or Department.
An agreement as stated in the Tax-Property Article, § 8-211,
Annotated Code of Maryland.
The manual incorporated by reference, used to establish standards
of performance required in preparing forest stand delineations and
forest conservation plans.
A plan approved pursuant to Natural Resources Article, §§ 5-1606
and 5-1607, Annotated Code of Maryland.
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 the Forest Conservation
Manual.
The period of consecutive frost-free days as stated in the
current soil survey for this 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 all zoning classifications of Federalsburg.
Schools, transportation facilities, utility and sewer projects,
government offices and facilities, golf courses, recreation areas,
parks, and cemeteries.
[Added 2-6-2012 by Ord. No. 2012-01]
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.
A plan:
Each unit 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 Natural Resources Article, § 5-1601, Annotated Code of
Maryland and this chapter without an approved forest stand delineation
and forest conservation plan.
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.
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 all zoning classifications of Federalsburg.
A project:
A single, relatively high-density development project, usually
commercial in nature, which includes two or more types of uses, and
corresponds to all zoning classifications of Federalsburg.
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 one-hundred-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 agricultura1 activities, reduced by the area
found to be within the boundaries of the one-hundred-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 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.
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:
A flood which has a one-percent chance of being equaled or
exceeded in any given year. Except for Class 111 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 one-hundred-year frequency storm event, or a one-hundred-year
flood.
Within the limits of the area encompassed by the tract, including
an area classified as a one-hundred-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.
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.
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 Planning
and Zoning with at least 20% of the land permanently dedicated to
open space and corresponds to all zoning classifications of Federalsburg.
A construction, grading, or sediment control activity on
an area of 40,000 square feet or greater by a local agency.
Any:
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 establishment of a forest according
to procedures set forth in the Forest Conservation Technical Manual.
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.
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 Forest Conservation 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.
All lands lying within 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 chapter.
The entire property subject to a planned unit development.
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.
[1]
Editor's Note: This ordinance also provided that it shall
not alter or affect any other section of the Town Code pertaining
to forest conservation that has been previously adopted.
Except as provided in § 87-4 of this article, this chapter applies to:
A.
A person making application for a subdivision, project
plan, grading, or sediment control approval on units of land 40,000
square feet or greater after the effective date of this chapter.
C.
A unit of county or municipal government, including
a public utility or public works project, making application for a
subdivision, project plan, grading, or sediment control approval on
areas 40,000 square feet or greater.
This chapter does not apply to:
A.
Highway construction activities under Natural Resources
Article, § 5-103, Annotated Code of Maryland.
B.
Areas governed by the Chesapeake Bay Critical Area
Protection Law, Natural Resources Article, §§ 8-1801
through 8-1816, Annotated Code of Maryland.
C.
D.
Agricultural activities not resulting in a change in land use category, including agricultural support buildings and other related structures built using accepted best management practices, except, that a person engaging in an agricultural activity clearing 40,000 square feet or greater of forest within a one-year period, may not receive an agricultural exemption, unless the person files a declaration of intent as provided for in § 87-5 of this article which includes:
E.
The cutting or clearing of public utility rights-of-way
or land for electric generating stations licensed under the Public
Utility Company Article, § 1-101 et seq., if:
[Amended 3-17-2009 by Ord. No. 2009-05]
F.
Routine maintenance or emergency repairs of public
utility rights-of-way licensed under the Public Utility Company Article,
§ 1-101 et seq., Annotated Code of Maryland.
[Amended 3-17-2009 by Ord. No. 2009-05]
H.
An activity conducted on an existing single lot of
any size if the activity:
(1)
Does not result in the cumulative cutting, clearing,
or grading of more than 20,000 square feet of forest;
[Amended 2-6-2012 by Ord. No. 2012-01]
(2)
Does not result in the cutting, clearing, or grading
of a forest that is subject to the requirements of a previous forest
conservation plan approved under this chapter; and
I.
An activity required for the purpose of constructing
a dwelling house intended for the use of the owner or a child of the
owner, if the activity:
[Amended 2-6-2012 by Ord. No. 2012-01]
J.
A preliminary plan of subdivision or a grading or
sediment control plan approved before July 1, 1991.
L.
A real estate transfer to provide a security, leasehold,
or other legal or equitable interest, including a transfer of title,
of a portion of a lot or parcel, if:
M.
A grading permit for landscaping or to correct drainage
or slope problems.
A.
The purpose of the declaration of intent is to verify
that the proposed activity is exempt under Natural Resources Article,
§§ 5-103 and 5-1601 through 5-1612, Annotated Code
of Maryland, and this chapter.
C.
The declaration of intent is effective for five years.
D.
The existence of a declaration of intent does not
preclude another exempted activity on the property subject to a declaration
of intent, if the activity:
E.
If a regulated activity on the area covered by the
declaration of intent occurs within five years of the effective date
of the declaration of intent:
F.
An applicant may apply for a regulated activity on
that area of the property not covered under the declaration of intent
if the requirements of this chapter are satisfied.
G.
The Department may require a person failing to file
a declaration of intent or found in noncompliance with a declaration
of intent to:
(1)
Meet the retention, afforestation and reforestation requirements established in Article III of this chapter;
(2)
Pay a noncompliance fee of $0.30 per square foot of
forest cut or cleared under the declaration of intent;
(3)
Be subject to other enforcement actions appropriate
under Natural Resources Article, §§ 5-1601 through
5-1612, Annotated Code of Maryland, and this chapter; or
(4)
File a declaration of intent with the Department.
H.
In its determination of appropriate enforcement action,
the Department may consider whether failure to file a declaration
of intent by a person required to file is a knowing violation of this
chapter.
A person making application after the effective
date of January 1, 1993, for subdivision or local agency project plan
approval, a grading permit, or a sediment control permit for an area
of land of 40,000 square feet or greater shall:
If a local agency or person using state funds
makes application to conduct a regulated activity, the provisions
of COMAR 08.19.04.01D through G apply.
