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.
AFFORESTATION
A.
Establishment of a forest on an area from which
forest cover has been absent for a long period of time;
B.
Planting of open areas which are not presently
in forest cover; or
C.
Establishment of a forest according to procedures
set forth in the Forest Conservation Manual.
AGRICULTURAL AND RESOURCE AREAS
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]
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 in which the property is located;
and
B.
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).
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 all zoning classifications of
Federalsburg.
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;
(3)
Does not conflict with the purposes of any other
declaration of intent; and
B.
The document required under COMAR 08.19.01.05
or this chapter.
DEPARTMENT
The Department charged with implementing the local forest
conservation program, Federalsburg Planning and Zoning.
DEVELOPMENT PROJECT
A.
The grading or construction activities which
require a permit 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 Forestry 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 MANUAL
The 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 Natural Resources Article, §§ 5-1606
and 5-1607, Annotated Code of Maryland.
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 the Forest Conservation
Manual.
GROWING SEASON
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).
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 all zoning classifications of Federalsburg.
INSTITUTIONAL DEVELOPMENT AREA
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]
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.
LOCAL AGENCY
Each unit 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, 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 all zoning classifications of Federalsburg.
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 all zoning classifications of Federalsburg.
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 the area found to be within the
boundaries of the one-hundred-year floodplain; and
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 agricultura1 activities, reduced by the area
found to be within the boundaries of the one-hundred-year floodplain.
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 111 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 Planning
and Zoning with at least 20% of the land permanently dedicated to
open space and corresponds to all zoning classifications of Federalsburg.
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 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.
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.
REGULATED ACTIVITY
Any of the following activities, when that activity occurs
on a unit of land which is 40,000 square feet or greater:
B.
Grading, other than may be needed for landscaping
or to correct drainage or slope problems;
C.
An activity that requires a sediment control
permit; or
D.
Project plan of a 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.
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.
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.
B. A public utility not exempt under §
87-4E and
F of this article.
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. Commercial logging and timber harvesting operations,
including harvesting conducted subject to the forest conservation
and management program under Tax-Property Article, § 8-211,
Annotated Code of Maryland, that are completed:
(2) After July 1, 1991 on property which:
(a) Has not been the subject of application for a grading
permit for development within five years after the logging or harvesting
operation; and
(b) Is the subject of a declaration of intent as provided for in §
87-5 of this article, approved by the Department.
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:
(1) A statement that the landowner or landowner's agent
will practice agriculture on that portion of the property for five
years from the date of the declaration; and
(2) A sketch map of the property which shows the area
to be cleared.
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]
(1) Required certificates of public convenience and necessity
have been issued in accordance with Natural Resources Article, § 5-1603(f),
Annotated Code of Maryland; and
(2) Cutting or clearing of the forest is conducted to
minimize the loss of forest.
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]
G. Except for a public utility subject to Subsection
F of this section, routine maintenance or emergency repairs of a public utility right-of-way if:
(1) The right-of-way existed before the effective date
of this chapter; or
(2) The right-of-way's initial construction was approved
under this chapter.
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
(3) Is the subject of a declaration of intent filed with the Department, as provided for in §
87-5 of this article, stating that the lot will not be the subject of a regulated activity within five years of the cutting, clearing, or grading of forest.
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]
(1) Does not result in the cutting, clearing, or grading
of more than 20,000 square feet of forest; and
(2) Is the subject of a declaration of intent filed with the Department, as provided for in §
87-5 of this article, which states that transfer of ownership may result in a loss of exemption.
J. A preliminary plan of subdivision or a grading or
sediment control plan approved before July 1, 1991.
K. A planned unit development that, by December 31, 1991,
has:
(1) Met all requirements for planned unit development
approval; and
(2) Obtained initial development plan approval by the
Department.
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:
(1) The transfer does not involve a change in land use,
or new development or redevelopment, with associated land disturbing
activities; and
(2) Both the grantor and grantee file a declaration of intent, as provided for in §
87-5 of this article.
M. A grading permit for landscaping or to correct drainage
or slope problems.
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:
A. Submit to the Department a forest stand delineation
and a forest conservation plan for the lot or parcel on which the
development is located; and
B. Use methods approved by the Department, as provided
in the Forest Conservation Manual, to protect retained forests and
trees during construction.
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.