In this chapter, the following terms have the meanings indicated.
AFFORESTATION
A.
Establishment of a forest or an area from which forest cover
has been absent for a long period of time in accordance with an approved
landscape plan;
B.
Planting of open areas which are not presently in forest cover
in accordance with an approved landscape plan; or
C.
Establishment of a forest in accordance with an approved landscape
plan according to procedures set forth in the Conservation Technical
Manual.
APPLICANT
A person who is applying for subdivision or project plan
approval or grading or sediment control permit, or who has received
approval of a forest stand delineation or forest conservation plan.
APPROVED FOREST MANAGEMENT PLAN
A.
A document approved by the Department of Natural Resources forester
assigned to the Town of Bel Air; and
B.
Which operates as a protective agreement for forest conservation
as described in the Natural Resources Article, § 5-1607(e)
through (f), Annotated Code of Maryland.
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 or county.
COMMERCIAL AND INDUSTRIAL AREAS
Areas zoned for manufacturing operations, office complexes,
shopping centers and other similar uses and their associated storage
areas, yarding, and parking areas, and corresponding to the Town of
Bel Air Zoning Classifications B-1, B-2, B-3 and M-1.
CRITICAL HABITAT AREA
A critical habitat for an endangered species and its surrounding
protection areas. 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;
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 authorized
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, and
(3)
Does not conflict with the purposes of any other declaration
of intent; and
B.
The document required under COMAR 08.19.01.05.
DEPARTMENT
The Planning and/or Public Works Department charged with
implementing the local forest conservation program.
DEVELOPMENT PROJECT
A.
Grading or construction activities occurring on a specific tract
that is 40,000 square feet or greater.
DEVELOPMENT PROJECT COMPLETION
For the purpose 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.
"Forest" 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.
"Forest" 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 PLAN
A plan approved pursuant to Natural Resources Article, §§ 5-1606
and 5-1607, Annotated Code of Maryland.
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.
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 National Cooperative
Soil Survey Program, 16 U.S.C. § 590 (a) – (f).
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.
LANDSCAPE PLAN
A.
A plan drawn to scale, showing dimensions and details for:
(1)
Reforesting an area at least 35 feet wide and covering 2,500
square feet or greater in size as part of a forest conservation plan;
or
(2)
Replacing unique specimen trees (10 inches in caliper or greater)
on a 2:1 to 5:1 ratio as required on parcels of less than 40,000 square
feet.
B.
Using native or indigenous plants when appropriate; and
C.
Which is made part of an approved forest conservation plan or
as a requirement for individual tree replacement on site.
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.
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
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.
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.
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 III 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 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 State Geologic Survey, and confirmed by field
verification.
PERSON
The federal government, the state, a county or 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.
PUBLIC UTILITY
Any:
A.
Transmission line or electric generating station; or
B.
Water, sewer, electric, gas, telephone, and television cable
service line.
REFORESTATION or REFORESTED
A.
The:
(1)
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
(2)
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.
Cutting, clearing or grading;
C.
An activity that requires a sediment control permit; or
D.
Project plan of a local agency.
RESIDENTIAL AREAS
Areas zoned for low density/medium density/high density residential
and residential/office development, including both existing and planned
development and their associated infrastructure, such as roads, utilities,
and water and sewer service, and corresponding to the Town of Bel
Air Zoning Classifications R-1, R-2, R-3 and R-O.
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 Technical Manual.
SEDIMENT CONTROL PERMIT
The authorization of an activity regulated under a sediment
control plan as provided in the Environmental 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.
SITE PLAN
A plan, to scale, showing uses and structures proposed for
a parcel of land as required by this chapter. It includes lot lines,
streets, building sites, reserved open space, buildings, major landscape
features, both natural and man-made, and existing and proposed utility
lines.
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.
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 subtitle.
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.