§ 24-101. Definitions.

(a)

Definitions in Subtitle 27 of this Code (the Zoning Ordinance) shall apply to this Subtitle and shall be supplemented by the definitions in Subsection (b) of this Section.

(b)

The following terms used in this Subtitle are defined as follows:

(1)

Acreage: A measure of land commonly used to mean land that is not the subject of a recorded subdivision plat.

(2)

Afforestation: The establishment of a biological community of perpetual woodlands through the planting of trees on an area from which trees have always or very long been absent, or the planting of open areas which are not presently in forest cover.

(3)

Concept Study, Stormwater Management: A generalized, conceptual plan to show the proper disposal of stormwater, pursuant to the procedures and standards set forth in Subtitles 4 and 23 of this Code, as administered by the Department of Permitting, Inspections, and Enforcement.

(4)

Conservation easement: A recorded easement established for the protection of woodland and wildlife habitat used to meet the requirements of Subtitle 25-117, Division 2 or for the protection of sensitive environmental features. Conservation easements shall contain the Primary Management Area and may contain other sensitive environmental features as determined by the Planning Board.

(5)

Critical habitat: A habitat currently occupied by a rare, threatened, or endangered (RTE) species as determined by the U.S. Fish and Wildlife Service or the Maryland Department of Natural Resources.

(6)

Critical Habitat Area: The critical habitat of a rare, threatened or endangered species and its surrounding protection area. A critical habitat area shall:

(A)

Are likely to contribute to the long-term survival of the species;

(B)

Are likely to be occupied by the species for the foreseeable future; and

(C)

Constitute habitat of the species which is considered critical by the U.S. Fish and Wildlife Service or the Maryland Department of Natural Resources.

(7)

Day: When not otherwise specified, in computing time a day shall mean a working day when seven or less days are specified, and a calendar day when more than seven days are mentioned.

(8)

Environmental Review Package: The information that shall be submitted by an applicant with the submission of a preliminary plan as required by the Environmental Review Package submission checklist and instructions, as approved and amended by the Planning Board from time to time.

(9)

Federal Manual: The "Federal Manual for Identifying and Delineating Jurisdictional Wetlands", 1987.

(10)

Forest interior: Woodlands that are located a minimum of 300 feet from the nearest forest edge.

(11)

Forest interior dwelling species (FIDS): Species of birds which require large, connected forested tracts in order to breed successfully as described in The Woodland and Wildlife Habitat Technical Manual.

(12)

Forest interior dwelling species (FIDS) habitat: Woodland areas of sufficient size as to be favorable to the breeding of certain interior dwelling bird species which are likely to be present if the majority of the forest is dominated by pole-sized or larger trees (five inches or greater diameter at breast height), or has a closed canopy; and meets one the following conditions:

(A)

The woodlands are a minimum of 50 acres in size and contain at least 10 acres of "forest interior" habitat which is located more than 300 feet from the nearest forest edge; or

(B)

Riparian forests at least 50 acres in size with a minimum average width of 300 feet within the watershed of a regulated stream.

(13)

Forest Stand Delineation (FSD): A detailed accounting of woody vegetation, prepared in plan and document form, as required by Division 2 of Subtitle 25, and as explained in the publication, The Woodland and Wildlife Habitat Conservation Technical Manual.

(14)

Funded School: A new elementary, middle, or high school, or an addition to an existing school, in a school cluster in which a subdivision is tested and for which County construction funds are shown in the first two years of the County's adopted and effective Capital Improvement Program (CIP).

(15)

Highly Erodible Soils: All soils having an erodibility (K) factor of 0.35 or greater as determined by the Prince George's Soil Conservation District.

(15.1)

Impact: An impact of a regulated environmental feature is the physical disturbance or the inclusion of a regulated feature within the required net lot area.

(15.2)

Lot consolidation: A combination or adjustment of any legal parcels of land or record lots in accordance with Section 24-107(c)(9), (d) or 24-108 of Subtitle 24, in the Chesapeake Bay Critical Area.

(15.3)

Minor Subdivision for School Surcharge Exemption: A minor subdivision for school surcharge exemption shall mean the subdivision of a property pursuant to a minor final plat of subdivision that was approved pursuant to a minor preliminary plan of subdivision. Only one school surcharge exemption may be permitted from a property that has been through the minor subdivision process.

(16)

Natural Regeneration: The natural establishment or re-establishment of a biological community of woodlands from nearby seed sources without afforestation.

(17)

Natural Resource Inventory (NRI): A plan map and supporting documentation or letter that provides all required information regarding the existing physical and environmental conditions on a site that is approved by the Planning Director or designee as described in the Environmental Technical Manual as approved and amended by the Planning Board from time to time.

(18)

Nontidal Wetland: An area which:

(A)

Is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances supports a prevalence of vegetation typically adapted for life in saturated soil conditions; or

(B)

Is identified as a "wetland" in accordance with the Federal Manual.

(C)

Does not include tidal wetlands.

(19)

Outlot: A piece or parcel of land that remains within a subdivision but which does not meet the minimum requirements of the Zoning Ordinance for a buildable lot and is, therefore, not usable as a legal building site.

(20)

Outparcel: A parcel of land designated on a subdivision plat which does not meet the requirements of this Subtitle for adequate public facilities and is, therefore, not usable as a legal building site.

(20.1)

Owner's Personal Residence for Minor Subdivision School Surcharge Exemption: An owner's personal residence shall mean the lot for which a residential building permit was filed and the applicant for that permit shall be the individual that subdivided the property.

(20.2)

Ownership Lot: Part of a "Parent Lot" used to define individual ownership, deed, mortgage or lease lines within the "Parent Lot". An "Ownership Lot" is only established for the convenience of the owner. An "Ownership Lot" is not:

(A)

A lot, as defined in Section 27-107.01, used to determine building setbacks, access or to establish conformance with Zoning, Subdivision or any other law or regulation;

(B)

Considered a building site for the purposes of obtaining permits; or

(C)

A result of a change to any condition of approval for the subdivision that created the "Parent Lot".

(20.3)

Parent Lot: A lot or parcel shown on a record plat on which "Ownership Lots" are established.

(21)

Planning Director: The director of the Prince George's County Planning Department of the Maryland-National Capital Park and Planning Commission.

(22)

Primary Management Area: A vegetated buffer preserved and/or restored along all regulated streams outside the Chesapeake Bay Critical Area Overlay Zones, which at a minimum includes:

(A)

All regulated streams and associated minimum stream buffers;

(B)

The one hundred (100) year floodplain as defined by Section 27-124.01;

(C)

All wetlands and associated wetland buffers that are adjacent to the regulated stream, stream buffer or the one hundred (100) year floodplain;

(D)

All areas having slopes of fifteen (15%) or greater adjacent to the regulated stream or stream buffer, the one hundred (100) year floodplain, or adjacent wetlands or wetland buffers;

(E)

Adjacent critical habitat areas.

(23)

Public Facilities: Facilities and services such as, but not limited to, water, sewerage, transportation (i.e., streets, transit), schools, libraries, recreation, police protection, fire, and emergency service.

(24)

Public Facilities Agreement: An agreement wherein an applicant for a subdivision promises to provide required public improvements. Such agreement, however, does not replace bonding requirements of public agencies other than the Planning Board in connection with building, grading, street construction and the like.

(25)

Pupil Yield Factor: The estimated number of elementary, middle, and high school students per dwelling unit, as determined by the Planning Board, from information provided by the Superintendent of the Prince George's County Public Schools.

(26)

Reforestation: The re-establishment of a biological community of perpetual woodlands through the planting of trees on an area from which trees were recently removed.

(27)

Regulated Environmental Features: Regulated streams, nontidal wetlands, and their associated buffers inclusive of any Primary Management Area(s).

(28)

Regional District: That area within which the Maryland-National Capital Park and Planning Commission exercises planning jurisdiction, as described in Article 28 of the Annotated Code of Maryland.

(29)

Regulated Stream: Streams that have water flowing year-round during a typical year and streams that have water flowing during certain times of the year when groundwater provides for stream flow. Water flow can be identified by a defined channel and movement of leaf litter and debris by the movement of water. During dry periods some regulated streams may not have flowing water. This definition includes "perennial" and "intermittent" streams. Streams that only have water flowing during, or for a short duration after, precipitation events in a typical year are "ephemeral" streams and are not regulated. The use of the term "stream" in this or other sections of County Code shall refer to a regulated stream unless the provisions of that section define a stream otherwise.

(29.1)

Remainder Agricultural Parcel: On or after October 1, 2012 pursuant to Section 9-206 of the Environment Article a remainder parcel is created by the minor preliminary plan approval process in Sustainable Growth Tier IV and is restricted to non-residential agricultural uses in perpetuity.

(30)

School Regulations: The "Adequate Public Facilities Regulations for Schools," as adopted and amended by the County Council.

(31)

Stream Buffer: A minimum of sixty (60) feet of preserved and/or restored vegetation measured from the top of bank on each side of a regulated stream in the Developed Tier; a minimum of seventy-five (75) feet of preserved and/or restored vegetation measured from the top of bank on each side of a regulated stream in the Developing Tier; and a minimum of one-hundred (100) feet of preserved and/or restored vegetation measured from the top of bank on each side of a regulated stream in the Rural Tier. A reduction to the minimum buffer Developed Tier to fifty (50) feet may be approved during the development approval process to support transit-oriented development or other revitalization projects on constrained sites.

(31.1)

Sustainable Growth Tier: The Tiers adopted by a local jurisdiction in accordance with Section 9-206 of the Environment Article, Annotated Code of Maryland.

(32)

Tree Conservation Plan (TCP): A site map that delineates woodland conservation areas and the associated text that details the requirements, penalties, and/or mitigation in conformance with Division 2 of Subtitle 25 and The Woodland and Wildlife Habitat Conservation Technical Manual.

(33)

Wetland Buffer: Where a wetland or a portion of a property containing a wetland is located outside the Chesapeake Bay Critical Areas Overlay Zones, a minimum of twenty-five (25) feet in width measured from the edge of the wetland, and expanded to one-hundred (100) feet in width due to the presence of steep slopes fifteen percent (15%) or greater, highly erodible soils, other soils with development constraints, or the presence of Nontidal Wetlands of Special State Concern as defined by COMAR.

(CB-48-1981; CB-127-1984; CB-73-1987; CB-83-1987; CB-74-1989; CB-100-1989; CB-121-1989; CB-6-1993; CB-40-2001; CB-75-2008; CB-26-2010; CB-77-2010; CB-30-2011; CB-104-2012; CB-28-2014; CB-21-2015)

Editor's note— Section 3 of CB-26-2010 provides that a development project for which all required development applications have been approved by the Planning Board, Zoning Hearing Examiner, or District Council, and appeal periods have not expired as of September 1, 2010, is grandfathered; or a development project that has an approved preliminary plan of subdivision, but has not completed subsequent processes such as final plat or site plan as of September 1, 2010, is grandfathered for that portion of the project covered by the preliminary plan.

Section 2 of CB-30-2011 (DR-2) provides that a development project for which all required development applications have been approved by the Planning Board, Zoning Hearing Examiner, or District Council, notwithstanding any appeal period, is grandfathered regarding the provisions of CB-26-2010 that became effective on September 1, 2010, or any subsequent revisions in conformance with the grandfathered approval; or a development project that has an approved preliminary plan of subdivision, notwithstanding any further development review requirements including record plats is grandfathered regarding the provisions of CB-26-2010 that became effective on September 1, 2010, or any subsequent revisions in conformance with the grandfathered approval for that portion of the project covered by the preliminary plan.

CR-83-2012 adopted the County's Sustainable Growth Tier Map pursuant Section 9-206 of the Environment Article of the Maryland Annotated Code. The Growth Tiers depicted therein identify where major and minor residential subdivisions may develop and the type of sewage disposal system that will serve them.