§ 87-2. Definitions.

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.

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;

CHAMPION TREE OF THE STATE

A tree which appears in the State Forest Conservation Manual list of state champion trees.

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.

COMMERCIAL LOGGING OR TIMBER HARVESTING OPERATIONS

The cutting and removing of tree stems from a site for commercial purposes, leaving the root mass intact.

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.

CRITICAL HABITAT FOR ENDANGERED SPECIES

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.

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.

B. 

Includes redevelopment.

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 AND MANAGEMENT AGREEMENT

An agreement as stated in the Tax-Property Article, § 8-211, Annotated Code of Maryland.

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.

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:

A. 

Subdivision;

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.

TRACT FOR A PLANNED UNIT DEVELOPMENT

The entire property subject to a planned unit development.

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.

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.

Added 2-6-2012 by Ord. No. 2012-01