Sec. 32-125. Definitions

Act. Maryland Stormwater Act of 2007.

Administration. Maryland Department of the Environment (MDE) Water Management Administration (WMA).

Adverse impact. Any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics, or usefulness for human or natural uses, which are or may potentially be harmful or injurious to human health, welfare, safety or property, biological productivity, diversity, or stability or that unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

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

Agricultural Land Management Practices. Those methods and procedures used in the cultivation of land in order to further crop and livestock production and conservation of related soil and water resources. Logging and/or timber harvesting operations shall not be considered a part of this definition.

Applicant. Any person, firm, or government agency that executes the necessary forms to apply for a permit or approval to carry out construction of a project.

Approval authority. The entity responsible for the review and approval of erosion and sediment control plans is the Prince George's Soil Conservation District.

ASTM. The American Society for Testing Materials.

Bedrock. The solid undisturbed rock in place either at the ground surface or beneath surficial soil deposits.

Best management practice (BMP). A structural device or nonstructural practice designed to temporarily store or treat stormwater runoff in order to mitigate flooding, reduce pollution, and provide other amenities.

Borrow Pit. The source of earth or bank-run sand and gravel from below the ground surface by open pit excavation as a single incident on a site for use at a single construction site elsewhere, otherwise, the excavation will be classed as open-pit mining.

Building Pad. The immediate site for a building including the area actually covered, plus the adjacent peripheral fringe area having a reasonable slope away from the building.

Certification or to Certify. A signed written statement that specific plans and specifications, construction, inspections, or tests have been prepared and performed, and that such comply with the requirements of this Division.

Chesapeake Bay Critical Area. All waters of and lands under the Chesapeake Bay and its tributaries to the head of tide as indicated on the State wetlands' maps; and all State and private wetlands designated under the Annotated Code of Maryland, Natural Resources Article, Title 9; and all land and water areas within one thousand (1,000) feet beyond the landward boundaries of State or private wetlands and heads of tide designated under the Annotated Code of Maryland, Natural Resources Article Title 9, as indicated on approved Chesapeake Bay Critical Area Overlay Zoning Map Amendments.

Class 1 Fill. Load-bearing fills proposed for support of buildings, walls and other structures, the function thereof which would be especially impaired by settlement.

Class 2 Fill. Load-bearing fills proposed for support of roadways, pavements, rigid utility lines, house connections, and structures which would not be especially impaired by moderate settlement.

Class 3 Fill. Common fills proposed for lawns, landscape plantings, or for other nonload-bearing usage.

Clear. To remove vegetation and the vegetative ground cover while leaving the root mat intact.

Compaction. Densification of soil or rock fills by mechanical or other acceptable procedures.

Concept plan. The first of three plans submitted under the comprehensive review and approval process required by the Act and described in COMAR 26.17.02 and shall include the information necessary to allow an initial evaluation of a proposed project.

Conservation Agreement. A formal agreement which commits a grading or building permit applicant to the execution of various approved elements of a Conservation Plan, including a stormwater management concept plan, an erosion and sedimentation concept plan, a vegetation management plan, and other plans which may be required by the Department of Permitting, Inspections, and Enforcement or the Prince George's County Planning Board.

Conservation Plan. A plan developed in accordance with Subtitle 5B, which demonstrates how a project has been designed to meet the specific Critical Area Commission criteria. The Conservation Plan consists of an approved stormwater management concept plan, an approved sediment and erosion control plan, a vegetation management plan, and such other plans relating to environmental systems as may be required by the Washington Suburban Sanitary Commission, the Maryland-National Capital Park and Planning Commission, the Prince George's County Health Department, the Department or the Prince George's Soil Conservation District.

Control Measures. Structural or nonstructural devices or practices, or a combination thereof, which reduce pollutant discharges through control, treatment, prevention, management or monitoring measures and processes.

County. Prince George's County Government.

Cultivation. Plowing, dicing, harrowing and tilling of existing farm fields for the production of crops and livestock.

Department. Department of Permitting, Inspections, and Enforcement.

Director. The Director of Permitting, Inspections, and Enforcement or the Director's designee.

Discharge. Any dumping, pumping, placement, storage, use, draining, handling, washing, tracking, spilling, leaking, transportation, conveyance or disposal practice or any other mechanism which may result in or may allow pollutants to enter onto land or within the watercourses of the County.

Drainage. Stormwater runoff, snow melt runoff, surface runoff or ground water flows.

Drainage area. That area contributing runoff to a single point measured in a horizontal plane that is enclosed by a ridge line.

Drainage System. Any natural system or man-made device, mechanism or measure used in any manner for the collection, conveyance, management, treatment, disposition or disposal of drainage.

Dust Free Surface. A ground composed of rolled and compacted cinders, gravels or other approved nonabsorbent materials to prevent rising of dust on roads, access ways, driveways and parking lots.

Embankment of Fill. A deposit of soil, rock or other materials placed by man.

Engineering Geology. The application of geological data and principles to engineering problems dealing with naturally occurring rock and soil, for the purpose of assuring that geological factors are recognized and adequately interpreted in engineering practice.

Environmental Site Design (ESD). Using small-scale stormwater management practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and minimize the impact of land development on water resources.

Erosion. The process by which the ground surface is worn away by the action of wind, water, ice, or gravity.

Erosion and sediment control. A system of structural and vegetative measures that minimizes soil erosion and off-site sedimentation.

Erosion and Sediment Control Plan. An erosion and sediment control strategy or plan, designed to minimize erosion and prevent off-site sedimentation.

Excavation or Cut. An act, by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated and shall include the conditions resulting therefrom.

Exemption. Those land development activities that are not subject to the erosion and sediment control requirements contained in this Ordinance.

Existing Grade. The vertical location of the existing ground surface prior to excavating or filling.

Final Erosion and Sediment Control Plan. The last of three (3) erosion and sediment control plans submitted under the comprehensive review and approval process required by the Act and described in COMAR 26.17.02. Final erosion and sediment control plans shall be prepared and approved in accordance with the specific requirements of the Prince George's Soil Conservation District and this Ordinance and designed in accordance with the Standards and Specifications.

Finished or Proposed Grade. The final grade or elevation of the ground, drainage or other structures conforming to the proposed design.

Forest Stand Delineation (FSD). A detailed accounting of woody vegetation prepared in plan and document form, as required by Subtitle 25.

Grading. Any stripping, removal of topsoil, excavating, filling, stockpiling, grubbing, removing root mat or any combination thereof, including the condition resulting therefrom.

Grading Permit. A permit issued to authorize work to be performed under this Division. The permit for grading and/or site development intended as an incident to building construction may be included as part of the building permit.

Grading unit. The maximum contiguous area allowed to be graded at a given time. For the purposes of this Ordinance, a grading unit is 20 acres or less.

Highly erodible soils. Those soils with a slope greater than 15 percent or those soils with a soil erodibility factor K, greater than 0.35 and with slopes greater than 5 percent.

Inspection Agency. Means the Administration or, if delegated enforcement authority, Prince George's County.

Landscape Architect. A person duly registered or authorized to practice landscape architecture in the State of Maryland and qualified to prepare grading plans and specifications.

Load-Bearing Fill. Fill placed in a controlled manner to support structure foundations, vehicular traffic, or any earthwork which the instability thereof would constitute a public hazard or nuisance.

Maximum Extent Practicable (MEP). Designing stormwater management systems so that all reasonable opportunities for using ESD planning techniques and treatment practices are exhausted and only where absolutely necessary is a structural BMP implemented.

Mitigation. The offsetting of forest values lost due to the destruction of woodlands without a permit or contrary to an approved Tree Conservation Plan by replanting woodlands or agreed upon means.

Natural Ground Surface. The ground surface in its original state before any grading, excavation or filling.

Net Tract Area. For the purposes of woodland conservation, the gross tract area minus the approved one hundred (100) year floodplain and areas previously dedicated for public use.

One Hundred (100) Year Floodplain. That area which would be inundated by a flood that has a one percent (1%) chance of being equaled or exceeded in any given year.

Open-Pit Mining. The continuing or reoccurring removal of material from below the ground surface by open excavation on a site for immediate or ultimate use at the same or other site in processing and manufacturing of building and construction materials or any other products, or at various locations elsewhere in its natural state.

Owner/Developer. A person undertaking, or for whose benefit activities covered by this Ordinance are carried on. General contractors or subcontractors, or both, without a proprietary interest in a project are not included within this definition.

Permittee. Any person to whom a permit is issued pursuant to this Division.

Person. Includes the federal government, the State, any 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.

Pollutant. Sediment runoff due to erosion.

Ponding. Water that remains on the ground surface in a single area larger than sixteen (16) square feet for more than forty-eight (48) hours after a rain event where cold weather conditions (such as, but not limited to, frozen ground or combined ice, snow or rain event) are not a contributing factor in water remaining on the ground surface.

Prince George's Soil Conservation District. One (1) of twenty-four (24) soil conservation districts created pursuant to Subtitle 3 of the Agricultural Article of the Annotated Code of Maryland.

Professional Engineer. A person duly registered or otherwise authorized by the State of Maryland to practice in the field of engineering.

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

Refuse. See "solid wastes (refuse)."

Responsible personnel. Any foreman, superintendent, or project engineer who is in charge of on-site clearing and grading operations or the implementation and maintenance of an erosion and sediment control plan.

Sediment. Soils or other surficial materials transported or deposited by the action of wind, water, ice, gravity, or artificial means.

Significant Drainage. Surface drainage rates that exceed three (3) cubic feet per second based on the ten (10) year storm event as calculated by the Rational Method.

Site. Any tract, lot, or parcel of land, or combination of tracts, lots or parcels of land that are in one ownership, or are contiguous and in diverse ownership, where development is to be performed as part of a unit, subdivision, or project.

Site Development. The resulting condition of land improvements through the constructing, installing, placing or planting of: open and closed storm drainage facilities, stormwater management facilities, supporting foundations for utility lines and service (house) connections, parking lots, driveways, curbs, pavements, steps, sidewalks, bike paths, recreational facilities, patios, ground planters, ground covers, plantings, landscaping and logging and timber harvesting operations.

Site Development Plan. The second of three (3) plans submitted under the comprehensive review and approval process required by the Act and described in COMAR 26.17.02. A site development plan shall include the information necessary to allow a detailed evaluation of a proposed project.

Slope. The inclined exposed surface of a fill, excavation or natural terrain.

Soil. All earth material of whatever origin that overlies bedrock and may include the decomposed zone of bedrock which can be readily excavated by mechanical equipment.

Soil Engineer. A professional engineer who is qualified by education and experience to practice applied soil mechanics and foundation engineering.

Solid Wastes (Refuse). The same as defined in Subtitle 21 of this Code.

Stabilization. The protection of exposed soils from erosion by the application of seed and mulch, seed and matting, sod, other vegetative measures, and/or structural means.

Standards and Specifications. The "2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control" and any subsequent revisions.

Stormwater. Water that originates from a precipitation event.

Stormwater Management System. Natural areas, ESD practices, stormwater management measures, and any other structure through which stormwater flows, infiltrates, or discharges from a site.

Stripping. Any activity which removes or significantly disturbs the vegetation surface cover including clearing, grubbing of stumps and root mat and top soil removal.

Structural Rock Fills. Fills including limited amounts of rubble, broken asphalt, brick or concrete.

Surveyor. A registered land surveyor licensed to practice land surveying in the State of Maryland and qualified to prepare grading plans and specifications.

Timber Harvesting (Logging). The severing of any size tree above ground level leaving the root system and all stumps intact, except for the purpose of providing a temporary access for some other use, or for the removal of a dead, dying or hazardous tree. A Tree Conservation Plan may be required for the timber harvesting activities to be conducted in conformance with Subtitle 25.

Topsoil. Soil to be used as topsoil, and the placement of topsoil over a prepared subsoil prior to the establishment of permanent vegetation, shall meet the specifications of, and be in accordance with, Maryland Department of the Environment, Standards and Specifications for Soil Erosion and Sediment Control, B-4-2 Standards and Specifications for soil preparation, and soil amendments.

Tree Conservation Plan (TCP). A site map that delineates woodland conservation areas and the associated text that details requirements, penalties, and mitigation as described in Subtitle 25.

Variance. The modification of the minimum erosion and sediment control requirements for exceptional circumstances such that strict adherence to the requirements would result in unnecessary hardship and not fulfill the intent of this Ordinance.

Watercourse. Any natural or improved stream, river, creek, ditch, channel, canal, conduit, culvert, drain, gully, swale or wash in which waters flow either continuously or intermittently.

Watershed. The total drainage area contributing runoff to a single point.