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.