For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFFORESTATION.
(1) Establishment of a forest on an area from which forest cover has been absent for a long period of time;
(2) Planting of open areas which are not presently in forest cover; or
(3) Establishment of a forest according to procedures set forth in the Forest Conservation Technical Manual.
AGRICULTURAL ACTIVITY. Farming activities including plowing, tillage, cropping, installation of best management practices, seeding, cultivating and harvesting of production of food and fiber products (except commercial logging and timber harvesting operations), aquaculture, sod productions, 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:
(1) Approved by the Department of Natural Resources forester assigned to the town in which the property is located; and
(2) Which operates as a protective agreement for the forest conservation as described in Md. Code, Natural Resources Article, § 5-1607(e)—(f).
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 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 Zoning Classifications C-1, C-2, LI-1 and LI-2.
COMMERCIAL LOGGING AND TIMBER HARVESTING OPERATIONS. The cutting and removing of tree stems from a site for commercial purposes, leaving the root mass intact.
CONDITIONAL USE AREAS. Schools, colleges, and universities, military installments, transportation offices and facilities, golf courses, recreation areas, parks and cemeteries.
CRITICAL HABITAT AREA. A critical habitat for an endangered species and its surrounding protection area. A CRITICAL HABITAT AREA shall:
(1) Be likely to contribute to the long-term survival of the species;
(2) Be likely to be occupied by the species for the foreseeable future; and
(3) Constitute habitat for endangered species which is considered critical under Md. Code, Natural Resources Article, §§ 4-2A-04 and 10-2A-06.
CRITICAL HABITAT FOR ENDANGERED SPECIES. A habitat occupied by an endangered species as determined or listed under Md. Code, Natural Resources Article, §§ 4-2A-04 and 10-2A-06.
DECLARATION OF INTENT.
(1) A signed and notarized statement by a landowner or the landowner's agent certifying that the activity on the landowner's property:
(a) Is for certain activities exempted under this chapter or Md. Code, Natural Resources Article, §§ 5-103 and 5-1601—5612;
(b) Does not circumvent the requirements of this chapter or Md. Code, Natural Resources Article, §§ 5-103 and 5-1601—5612; and
(c) Does not conflict with the purposes of any other declaration of intent.
(2) 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.
(1) The grading and construction activities occurring on a specific tract that is 40,000 square feet or greater; and
(2) Includes redevelopment.
DEVELOPMENT PROJECT COMPLETION. For the purposes of afforestation, reforestation, or payment into a fund:
(1) The release of the development bond by the town, if required;
(2) Acceptance of the project's streets, utilities, and public services by the town; or
(3) Designation by the department or state that a:
(a) Development project has been completed; or
(b) Particular stage of a staged development project, including a planned unit development, has been completed.
FOREST.
(1) A biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater.
(2) Includes:
(a) 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 four and one-half feet above the ground and larger; and
(b) Areas that have been cut but not cleared.
(3) FOREST does not include orchards.
FOREST CONSERVANCY DISTRICT BOARD. The forestry board created for each state forestry conservancy district under Md. Code, Natural Resources Article, § 5-601—610.
FOREST CONSERVATION. The retention of existing forest or the creation of new forest at the levels set by the state or department.
FOREST CONSERVATION MANAGEMENT AGREEMENT. An agreement as stated in Md. Code, Tax Property Article, § 8-211.
FOREST CONSERVATION PLAN. A plan approved pursuant to Md. Code, Natural Resources Article, §§ 5-1606 and 5-1607.
FOREST CONSERVATION TECHNICAL MANUAL. The technical manual incorporated by reference, used to establish standards of performance required in preparing forest stand delineations and forest conservation plans. Chestertown's FOREST CONSERVATION TECHNICAL MANUAL shall be the Forest Conservation Manual prepared for the Maryland Department of Natural Resources on December 31, 1992, by the Metropolitan Washington Council of Governments.
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 Technical Manual.
GROWING SEASON. The period of consecutive frost-free days as stated in the current soil survey for this county published by the Nation Cooperative Soil Survey Program, 16 U.S.C. §§ 590 (a)—(f).
HIGH DENSITY RESIDENTIAL AREAS. Areas zoned for densities greater than six dwelling units per acre, including both existing and planned development and their associated infrastructure, such as roads utilities, and water and sewer service, and corresponds to the town's zoning classifications of R-4 and R-5.
INTERMITTENT STREAM. A stream in which surface water is absent during a part of the year as shown on the most recent seven and one-half minute topographic quadrangle published by the United States Geologic Survey as confirmed by field verification.
LANDSCAPING PLAN. A plan:
(1) Drawn to scale, showing dimensions and details for reforesting an area at least 35 feet wide covering 2,500 square feet or greater in size; and
(2) Using native or indigenous plants when appropriate and 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 may 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 Md. Code, Natural Resources Article, § 5-1601, and this chapter without an approved forest stand delineation and forest conservation plan.
MAINTENANCE AGREEMENT. The short-term management associated with afforestation or reforestation plants required under Md. Code, Natural Resources Article, § 5-1605 and this chapter.
MEDIUM DENSITY RESIDENTIAL AREAS. Areas zoned for densities greater than four dwellings per acre and less than or equal to six dwelling units per acre, including both existing and planned development and their associated infrastructure, such as roads, utilities, and water and sewer service, and corresponds to the town's zoning classification R-3.
MINOR DEVELOPMENT PROJECT. A project:
(1) On less than five acres of land containing not more than four lots per acre; or
(2) Substantially similar as defined by the Department and approved by the state.
NATURAL REGENERATION. The natural establishment of trees and other vegetation with at least 4,500 woody, free-to-grow seedlings per acre, which are capable of reaching height of at least 20 feet at maturity.
NET TRACT AREA.
(1) Except in agriculture and resources areas, the total area of a site, including both forested and non-forested areas, to the nearest one-tenth acre, reduced by the area found to be within the boundaries of the 100-year floodplain; and
(2) 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 agriculture activities, reduces by the area found to be within the boundaries of the 100-year floodplain.
NONTIDAL WETLANDS. An area that is:
(1) Inundated or saturated by surface ground water 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 know 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 United States Environmental Protection Agency.
(3) NONTIDAL WETLANDS does not include wetlands regulated under Md. Code, Natural Resources Article, Title 9.
OFFSITE. Outside the limits of the area encompassed by the tract.
100-YEAR FLOOD. A flood which has a 1% 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.
100-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 100-year frequency storm event, or a 100-year flood.
ONSITE. Within the limits of the area encompassed by the tract, including an area classified as a 100-year floodplain.
PERENNIAL STREAM. A stream containing surface water throughout an average rainfall year, as shown on the most recent seven and one-half minute topographic quadrangle published by the United States Geologic Survey, as confirmed by field verification.
PERSON. Federal government, state, county, municipal corporation or other political subdivision of the state, or any of their units, or an individual, receiver, trustee, guardian, executor, administration, 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 accordance with an integrated plant the provides flexibility in land use design approved by the town with at least 20% of the land permanently dedicated to open space.
PROJECT PLAN. A construction, grading, or sediment control activity on an area 40,000 square feet or greater by a local agency.
PUBLIC UTILITY. Any transmission lines, electric generating station, water, sewer, electric, gas, telephone, or television cable service line.
REFORESTATION or REFORESTED.
(1) 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 four and one-half feet above the ground within seven years; or
(2) Establishment of a forest according to procedures set forth in the Forest Conservation Technical Manual.
(3) REFORESTATION or REFORESTED 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:
(1) Subdivision;
(2) Grading;
(3) An activity that requires a sediment control plan; and/or
(4) Project plan of a local agency.
RETENTION. The deliberate building and protecting of existing trees, shrubs or plants on the site according to establishing standards as provided in the Forest Conservation Technical Manual.
SEDIMENT CONTROL PERMIT. The authorization of an activity regulated under a sediment control plan as provided in Md. Code, Environment Article, Title 4.
SEEDLING. An unbranched woody plant, less that 24 inches in height and having a diameter of less that one-half 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 protective 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.
(1) 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.
(2) TIMBER HARVESTING does not include grubbing or 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 law.
TRACT PLANNED FOR 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.
(1) Relief from Md. Code, Natural Resources Article, §§ 5-1601—5-1612.
(2) VARIANCE does not mean a zoning variance.
WATERSHED. All land lying within an area described as a sub-basin in water quality regulation adopted by the Department of the Environment under COMAR 26-08-02-08.
WHIP. An unbranched woody plant greater than 24 inches in height having a diameter of less than one inch measured at two inches above the root collar.
(Ord. 92-6, passed 12-21-1992)