AN
ORDINANCE concerning: FOREST
CONSERVATION
FOR the purpose of adopting an ordinance prohibiting
certain development projects from cutting or clearing certain forest within The
City of Frederick, Maryland, unless a forest stand delineation and a forest
conservation plan are in effect.
BY repealing in its entirety Frederick City Forest Conservation Ordinance, Ordinance No. G-92-53, as the same was adopted on December 3, 1992, and to amend the Code of the City of Frederick 1966, by adding Appendix K entitled Forest Conservation Ordinance.
FREDERICK CITY
FOREST CONSERVATION ORDINANCE
TABLE OF CONTENTS
FREDERICK CITY FOREST CONSERVATION ORDINANCE
Section 1.8 Declaration of Intent
Section 2.1 Administrative Agencies
Designated
B. Planning Commission and/or Planning and
Community Development Department
Section 2.2 General Requirements for Approval
of Forest Stand Delineation, Forest Conservation Plan
Section 2.4 Inspections, Penalties, and
Enforcement
Section 2.7 Frederick City Forest
Conservation Fund
Section 2.8 Guarantee and Public Works
Agreements
Section 2.9 Annual Report and Biennial Review
ARTICLE III:
PLAN REQUIREMENTS
B(2) Site Plans approved by Planning Commission or Planning and
Community Development Department.
B(3) Planned Neighborhood Developments approved by Planning Commission.
B(4) Project Plans Approved by the Engineering Department
Section 3.2 Forest Stand Delineations
Section 3.3 Forest Conservation Plan -
General Requirements
Section 3.4 Preliminary Forest Conservation
Plan
Section 3.5 Final Forest Conservation Plan.
ARTICLE IV:
FOREST CONSERVATION STANDARDS
Section 4.1 Retention Priority
Section 4.2 Afforestation Requirement
Section 4.3 Forest Conservation Threshold
Section 4.4 Afforestation, Reforestation
Options
This Ordinance shall be known and cited as the Frederick City Forest Conservation Ordinance.
This Ordinance is established in accordance with the Natural Resources Article Sections 5-1601-1613 of the Annotated Code of Maryland.
The provisions of this Ordinance shall apply to all areas within the corporate limits of the City of Frederick with the exception of property of Fort Detrick, a US Army installation.
The Mayor and Board of Aldermen of Frederick City have determined that to meet the requirements of the Natural Resources Article, Section 5-1601 - 5-1612, Annotated Code of Maryland, the provisions of this Ordinance must be enacted.
In this Ordinance the following terms have the meanings indicated.
"Afforestation" means establishment of a forest on an area from which forest cover has been absent for a long period of time; or planting of open areas, which are not presently in forest cover; or establishment of a forest according to procedures set forth in the Forest Conservation Technical Manual.
"Agricultural activity" means farming activities including plowing, tillage, cropping, installation of best management practices, seeding, cultivating, and harvesting for production of food and fiber products (except commercial logging and timber harvesting operations), the grazing and raising of livestock, aquaculture, sod production, orchards, nursery, and other products cultivated as part of a recognized commercial enterprise.
"Agricultural and resource areas" means undeveloped areas zoned for densities of less than or equal to one dwelling unit per 5 acres and corresponds to Frederick City Zoning Classification A-1.
"Applicant" means 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" means 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 Article, Sec. 5-1607(e)--(f), Annotated Code of Maryland.
"Caliper" means the diameter measured at 2 inches above the root collar.
"Champion tree" means the largest tree of its species within the United States, the State, county, or municipality.
"Champion tree of the State" means a tree, which appears in the State Forest Conservation Manual list of State champion trees.
"Commercial and industrial uses" means
manufacturing operations, office complexes, shopping center, and other similar
uses and their associated storage areas, yards and parking areas, and generally
corresponds to City of Frederick Zoning Classification(s) B-1, B-0, B-3, M-0,
M-1, and M-2, and the MXE floating zone.
"Commercial logging or timber harvesting operations" means the cutting and removing of tree stems from a site for commercial purposes, leaving the root mass intact.
"Critical habitat area" means a critical habitat for an endangered species and its surrounding protection area. A critical habitat area shall: be likely to contribute to the long-term survival of the species; be likely to be occupied by the species for the foreseeable future; and constitute habitat of the species which is considered critical under Natural Resources Article, Sec. 4-2A-04 and 10-2A-06, Annotated Code of Maryland.
"Critical habitat for endangered species" means a habitat occupied by an endangered species as determined or listed under Natural Resources Article, Sec. 4-2A-04 and 10-2A-04, Annotated Code of Maryland.
"Declaration of intent" means: 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 Ordinance or Natural Resources Article, Sec. 5-103 and 5-1601--5-1612, Annotated Code of Maryland, and does not circumvent the requirements of this Ordinance or Natural Resources Article, Sec. 5-103 and 5-1601--5-1612, Annotated Code of Maryland, and does not conflict with the purposes of any other declaration of intent, or the document required under COMAR 08.19.01.05 or this Ordinance.
"Department" means the Planning and Community Development Department, Finance Department or Engineering Department as required for implementation of this Ordinance.
"Development project" means the grading or construction activities occurring on a specific tract that is 40,000 sq. ft. or greater, and includes redevelopment as well as new construction.
“Forest" means a biological community dominated by trees and other woody plants covering a land area of 10,000 sq. ft. or greater; "Forest" includes areas that have at least 100 live trees per acre with at least 50 percent of those trees having a 2-inch or greater diameter at 4.5 feet above the ground and larger, and areas that have been cut but not cleared; however, "Forest" does not include orchards.
"Forest Conservancy District Board" means the forestry board created for each State forestry conservancy district under Natural Resources Article, Sec. 5-601--5-610, Annotated Code of Maryland.
"Forest conservation" means the retention of existing forest or the creation of new forest at the levels set by the State.
"Forest Conservation and Management Agreement" means an agreement as stated in the Tax-Property Article, Sec.8-211, Annotated Code of Maryland.
"Forest Conservation Technical Manual" means the current edition of the State Forest Conservation Technical Manual incorporated by reference, used to establish standards of performance required in preparing forest stand delineations and forest conservation plans.
"Forest conservation plan" means a plan approved pursuant to Natural Resources Article, Sec. 5-1606 and 5-1607, Annotated Code of Maryland.
"Forest cover" means the area of a site meeting the definition of forest.
"Forest management plan" means a plan establishing best conservation and management practices for a landowner in assessment of the resource values of forested property.
"Forest stand delineation" means the methodology for evaluating the existing vegetation on a site proposed for development, as provided in the City of Frederick Forest Conservation Ordinance.
"Growing season" means 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. Sec. 590 (a)--(f).
"High density residential areas" for Forest Conservation means areas zoned for densities greater than 1 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 the City of Frederick Zoning Classification(s) of R-0, R-1, R-2, R-3, R-4, R-5, R-6, R-7, and DR.
"Institutional development area" means schools, colleges and universities, transportation facilities, golf courses, recreation areas, parks, cemeteries, permitted in various City of Frederick Zoning Classification(s).
"Intermittent stream" means 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" means a plan which is drawn to scale, showing dimensions and details for reforesting an area at least 35 ft. wide and covering 2,500 sq. ft. or greater in size, and employs native or indigenous plants when appropriate; and which is made part of an approved forest conservation plan.
“Linear project” means a project which is elongated with nearly parallel sides; is used to transport a utility product or public service not otherwise contained in an application for subdivision, such as electricity, gas, water, sewer, communications, trains, and vehicles; and may traverse fee simple properties through defined boundaries, or established easement rights.
"Local agency" means each unit in the executive, legislative, or judicial branch of a county or municipal government, including an office or department of public works.
"Lot" means a unit of land, the boundaries of which have been established by subdivision of a larger parcel, and which will not be the subject of further subdivision, as defined by Natural Resources Article Sec. 5-1601, Annotated Code of Maryland, and this Ordinance without an approved forest stand delineation and forest conservation plan.
"Maintenance agreement" means the short-term management agreement associated with afforestation or reforestation plans required under Natural Resources Article, Sec. 5-1605, Annotated Code of Maryland, and this Ordinance.
"Medium density residential areas" for Forest Conservation means areas zoned for densities greater than 1 dwelling unit per 5 acres and less than or equal to 1 dwelling unit per acre, including both existing and planned development and their associated infrastructure, such as roads, utilities, and water and sewer service.
“Mixed use development" means a single, relatively high-density development project, that can be commercial, residential or industrial in nature, but includes two or more types of uses.
"Modification" means relief from Natural Resources Article, Sec. 5-1601--5-1612, Annotated Code of Maryland, or this Ordinance.
"Natural regeneration" means 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" means, except in agriculture and resource areas, the total area of a site, including both forested and nonforested areas, to the nearest 1/10 acre; 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 agricultural activities.
"Nontidal wetlands" means 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, or is considered a nontidal wetland in accordance with the publication known as the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands," published in 1987 and as may be amended and interpreted by the U.S. Environmental Protection Agency. "Nontidal wetlands" does not include tidal wetlands regulated under Natural Resources Article, Title 9, Annotated Code of Maryland.
“Noxious weeds” means the following plants in the State of Maryland:
· Thistles belonging to the Asteraceae or composite family, including Canada, Musk, Nodding, Plumeless, and Bull Thistle.
· Johnsongrass (Sorghum Halepense) or hybrids that contain Johnsongrass as a parent.
· Shatter Cane and Wild Cane (sorghum Bicolor).
"Off-site" means outside of the limits of the area encompassed by the tract.
"On-site" means within the limits of the area encompassed by the tract including an area classified as a 100-year floodplain, but outside of the floodway.
"100-year flood" means a flood which has a 1 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.
"100-year floodplain" means 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.
"Perennial stream" means 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" means 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, 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 Neighborhood Development" means 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 the City of Frederick with at least 20 percent of the land permanently dedicated to open space permitted in various zoning districts pursuant to Planned Neighborhood Development Provisions of Section 16 of the Frederick City Zoning Ordinance.
“Project completion" means for the purposes of afforestation, reforestation, or payment into a fund, the release of the development surety, if required, the acceptance or partial acceptance of the project's streets, utilities, and public services by the City; or the designation by the City or the State, if appropriate that a development project has been completed, or a particular stage of a staged development project, including a planned neighborhood development, has been completed.
"Project plan" means a construction, grading, or sediment control activity on an area of 40,000 sq. ft. or greater by a local agency.
"Public utility" means any transmission line or electric generating station; or water, sewer, electric, gas, telephone, or television cable service line.
"Qualified professional" means a person who
meets the following requirements: Is a
licensed forester; a licensed landscape architect; or is approved by a local
program for work in that jurisdiction where the program has received final
approval by the Department of Natural Resources, and criteria for a qualified
professional is consistent with the requirements of the Department of Natural
Resources; or is approved by the Department of Natural Resources as a qualified
professional under COMAR 08.19.06.01A.
"Reforestation" or "reforested" means 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 percent of those trees having the potential of attaining a 2-inch or greater diameter measured at 4.5 ft. above the ground, within 7 years; or the establishment of a forest according to procedures set forth in the Forest Conservation Technical Manual. In addition, "reforestation" or "reforested" includes landscaping of areas under an approved landscaping plan establishing a forest at least 35 ft. wide and covering 2500 sq. ft. or more of area. “Reforestation” or “reforested” for a linear project involving overhead transmission lines may consist of a biological community dominated by trees and woody shrubs with allowed maximum height or diameter criteria [required] permitted by the serving electric company.
"Regulated activity" means any of the following activities, when that activity occurs on a unit of land which is 40,000 sq. ft. or greater: subdivision or site plan; grading; an activity that requires a sediment control permit; or project plan.
“Reinforced plantings” mean trees planted after the initial planting to supplement the quantity total required by the final forest conservation plan.
"Retention" means the deliberate holding and protecting of existing trees, shrubs, or plants on the site according to established standards as provided in the City of Frederick Forest Conservation Technical Manual.
"Sediment control permit" means the authorization of an activity regulated under a sediment control plan as provided in Environment Article, Title 4, Annotated Code of Maryland.
"Seedling" means an unbranched woody plant, less than 24 inches in height and having a diameter of less than 1/2 inch measured at 2 inches above the root collar.
"Selective clearing" means the careful and planned removal of trees, shrubs, and plants using specific standards and protection measures under an approved forest conservation plan.
“Specimen tree” means all native and non-native trees, excluding invasive species, of 25 inches in diameter at breast height (dbh/4.5’ high above ground level) or greater and trees having 75% or more of the dbh of the current State champion of that species.
"Stream buffer" means all lands lying within 50 feet, measured from the top of each normal bank of a perennial or intermittent stream.
"Subdivision" means any division of a unit of land into 2 or more lots or parcels for the purpose, whether immediate or future, of transfer of ownership, sale, lease, or development.
"Timber harvesting" means a tree-cutting operation affecting 1 or more acres of forest or developed woodland within a 1-year interval that disturbs 5,000 sq. ft. or more of forest floor. "Timber harvesting" does not include grubbing and clearing of root mass.
"Tract" means property or unit of land subject to an application for a grading or sediment control permit, sub