Chapter 69 Forest Conservation

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Chapter 69 Forest Conservation 69-1 Determination 69-2 Definitions 69-3 Applicability 69-4 Declaration Of Intent 69-5 General Requirements 69-6 Forest Stand Delineation Criteria 69-7 Forest Conservation Plan 69-8 Afforestation And Retention 69-9 Forest Conservation Threshold 69-10 Sequence For Afforestation And Reforestation 69-11 Forest Conservation Fund 69-12 Recommended Tree Species List 69-13 Bonding 69-14 Protection Devices 69-15 Variance Procedure 69-16 Enforcement 69-17 Annual Report 69-18 Biennial Review By Department Of Natural Resources 69-19 Amendments [HISTORY: Adopted by the Town Council of Centreville 1-21-1993 by Ord. No. 617. Amendments noted where applicable.] GENERAL REFERENCES Tree Board — See Ch. 20, Art. IV. Floodplain management — See Ch. 66. Trees — See Ch. 145. Zoning — See Ch. 170. 69-1 Determination The Town Council of Centreville has determined that to meet the requirements of Natural Resources Article § 5-1601 et seq., Annotated Code of Maryland, the provisions of this chapter must be enacted. 69-2 Definitions As used in this chapter, the following terms shall have the meanings indicated: AFFORESTATION. The establishment of a forest on an area from which forest cover has been absent for a long period of time; 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. 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. APPLICANT. A person who is applying for subdivision or project plan approval or grading or sediment control, or who has received approval of a forest stand delineation or forest conservation plan. APPROVED FOREST MANAGEMENT PLAN. A document: Approved by the Department of Natural Resources forester assigned to the Town of Centreville. Which operates as a protective agreement for forest conservation as described in Natural Resources Article § 5-1607(e) - (f) of the 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 of Maryland. CHAMPION TREE OF THE STATE. A tree which appears in the State Forest Conservation 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 the Town of Centreville Zoning Classification C-1, C-2, C-3 and I. CRITICAL HABITAT AREA. 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 §§ 4-2A-04 and 10-2A-06, Annotated Code of Maryland. CRITICAL HABITAT FOR ENDANGERED SPECIES. A habitat occupied by an endangered species as determined or listed under Natural Resources Article §§ 4-2A-04 and 10-2A-O4, Annotated Code of Maryland. DECLARATION OF INTENT. 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 chapter or Natural Resources Article §§ 5-103 and 5-1601 - 5-1612 of the Annotated Code of Maryland; Does not circumvent the requirements of this chapter or Natural Resources Article §§ 5-103 and 5-1601 - 5-1612 of the Annotated Code of Maryland; and Does not conflict with the purposes of any other declaration of intent; and The document required under COMAR 08.19.01.05 or this chapter. DEVELOPMENT PROJECT. The grading or construction activities occurring on a specific tract that is 40,000 square feet or greater. "Development project" includes redevelopment. DEVELOPMENT PROJECT COMPLETION. For the purposes of afforestation, reforestation, or payment into a fund: The release of the development bond, if required; Acceptance of the project streets, utilities, and public services by the Town Council of Centreville; or Designation by the Town Council of Centreville or State that a: Development project has been completed; or Particular state of a staged development project, including a planned unit development, has been completed. FOREST. A biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater. "Forest" includes: 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 Areas that have been cut but not cleared. "Forest" does not included orchards. FOREST CONSERVANCY DISTRICT. The Forestry Board created for each state forestry conservancy district under Natural Resources Article §§ 5-601 - 5-610, Annotated Code of Maryland. FOREST CONSERVATION. The retention of existing forests or the creation of new forests at the levels set by the state or the Town of Centreville. FOREST CONSERVATION AND MANAGEMENT AGREEMENT. An agreement as stated in the Tax-Property Article § 8-211, Annotated Code of Maryland. FOREST CONSERVATION TECHNICAL MANUAL. The Maryland Forest Conservation Manual - Guidance for the Conservation of Maryland's Forests During Land Use Changes, Under the 1991 Forest Conservation Act. The highlighted portions of said manual shall be the minimum standards necessary to comply with this chapter. FOREST CONSERVATION PLAN. A plan approved pursuant to Natural Resources Article §§ 5-1606 - 5-1607, Annotated Code of Maryland. 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 Town of Centreville Forest Conservation Manual. GROWING SEASON. The period for 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). HIGH-DENSITY RESIDENTIAL AREAS. Areas zoned for densities greater than one 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 Town of Centreville Zoning Classification R-1, R-2, R-3 and PUD. INSTITUTIONAL DEVELOPMENT AREA. Schools, colleges and universities, military installations, transportation facilities, utility and sewer projects, government offices and facilities, golf courses, recreation areas, parks, and cemeteries and corresponds to permitted uses as outlined in Chapter 170, Zoning. 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 map published by the United States Geologic Survey as confirmed by field verification. LANDSCAPING PLAN. A plan: Drawn to scale, showing dimensions and details for reforesting an area at least 35 feet wide and covering 2,500 square feet or greater in size; Using native or indigenous plants when appropriate; and Which is made part of an approved forest conservation plan. LOCAL AGENCY. Each unit of executive, legislative or judicial branch of a municipal government. 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 subject of further subdivision, as defined by Natural Resource Article § 5-16-1, 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. MINOR DEVELOPMENT PROJECT. A project: On less than five acres of land containing not more than four lots per acre; or Substantively similar as defined by the Town of Centreville and approved by the state. MIXED-USE DEVELOPMENT. A single, relatively high-density development project, usually commercial in nature, which includes two or more types of uses, and corresponds to the Town of Centreville Zoning Classification PRA, PUD or PBD. 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. "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; and 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. "Nontidal wetlands" does not include tidal wetlands regulated under Natural Resources Article, Title 9, Annotated Code of Maryland. OFF SITE. Outside of the limits of the area encompassed by the tract. ON SITE. Within the limits of the area encompassed by the tract, including an area classified as a one-hundred-year floodplain. 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, except tidal waters, that is capable of storing or conveying floodwaters during a one-hundred-year frequency storm event or a one-hundred-year flood. 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 States Geologic Survey, as confirmed by field verification. PERSON. The federal government, the State of Maryland, a county, municipal corporation, or other political subdivision of the State of Maryland, 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. PLANNED UNIT DEVELOPMENT. 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 Town of Centreville with at least 25% of the land permanently dedicated to open space and corresponds to the Town of Centreville Zoning Classification PUD. PUBLIC UTILITY. Transmission line or electric generating station; or Water, sewer, electric, gas, telephone, and television cable service line. REFORESTATION or REFORESTED. "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% of those trees having the potential of attaining a two-inch or greater diameter measured at 4.5 feet above the ground, within 5 years; or The establishment of a forest according to procedures set forth in the Forest Conservation Technical Manual. "Reforestation" or "reforested" includes landscaping of areas under an approved landscaping plan establishing a forest at least 35 feet wide and covering 2500 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: Subdivision; Grading; An activity that requires a sediment control permit; or Project plan of a local agency. RETENTION. The deliberate holding and protecting of existing trees, shrubs or plants on the site according to established standards as provided in the Town of Centreville 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. SEEDLING. 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. 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. "Timber harvesting" means 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. "Timber harvesting" does not include grubbing and clearing of root mass. TRACT. Property or a unit of land subject to an application for a grading or sediment control permit, subdivision approval, project plan approval, or areas subject to this chapter. TRACT FOR A PLANNED 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. "Variance" means relief from Natural Resources Article § 5-1601 et seq., Annotated Code of Maryland, or this chapter. "Variance" does not mean a zoning variance. WATERSHED. All land lying within an area described as subbasin in water quality regulations adopted by the Department of the Environment under COMAR 26.08.02.08. WHIP. An unbranched woody plant greater that 24 inches in height and having a diameter of less than one inch measured at two inches above the root collar. 69-3 Applicability Except as provided in Subsection B of this section, this chapter applies to: A person making application for a subdivision, project plan, grading, or sediment control approval on units of land 40,000 square feet or greater after the effective date of this chapter. A public utility not exempt under § 69-3B(5) and (6) of this article. A unit of county or municipal government, including a public utility or public works project, making application for a subdivision, project plan, grading, or sediment control approval on areas 40,000 square feet or greater. This chapter does not apply to: Highway construction activities under Natural Resources Article § 5-103, Annotated Code of Maryland. Areas governed by the Chesapeake Critical Area Protection Law, Natural Resources Article § 8-1801 et seq., Annotated Code of Maryland. Commercial logging and timber harvesting operations including harvesting conducted subject to the forest conservation and management program under Tax-Property Article § 8-211, Annotated Code of Maryland, that are completed: Before July 1, 1991; or After July 1, 1991, on property which: Has not been the subject of an application for a grading permit for development within five years after the logging or harvesting operation; and Is the subject of a declaration of intent as provided for in § 69-4 of this chapter, approved by the Centreville Planning and Zoning Commission. Agriculture activities not resulting in a change in land use category, including agricultural support buildings and other related structures built using accepted best management practices, except that a person engaging in an agricultural activity clearing 40,000 square feet or greater of forest within a one-year period may not receive an agricultural exemption, unless the person files a declaration of intent as provided for in § 69-4 of this chapter which includes: A statement that the landowner or landowner's agent will practice agriculture on that portion of the property for five years from the date of the declaration; and A sketch map of the property which shows the area to be cleared. The cutting or clearing of public utility rights-of-way licensed under Public Utilities Companies Article §§ 7-205, 7-207 and 7-208, Annotated Code of Maryland, or land for electric generating stations licensed under Article 78, §§ 54A and 54B or 54-I, Annotated Code of Maryland, if: Required certificates of public convenience and necessity have been issued in accordance with Natural Resources Article, § 5-1603(f), Annotated Code of Maryland; and Cutting or clearing of the forest is conducted to minimize the loss of forest. Routine maintenance or emergency repairs of public utility rights-of-way licensed under Public Utilities Companies Article §§ 7-205, 7-207 and 7-208, Annotated Code of Maryland, Except for a public utility subject to § 69-3B(6) of this section, routine maintenance or emergency repairs of a public utility right-of-way if: The right-of-way's existed before the effective date of this chapter; or The right-of-way's initial construction was approved under this chapter. An activity conducted on an existing single lot of any size if the activity: Does not result in the cumulative cutting, clearing, or grading of more than 40,000 square feet; Does not result in cutting, clearing, or grading a forest that is subject to the requirements of a previous forest conservation plan approved under this chapter; and Is the subject of a declaration of intent filed with the Centreville Planning and Zoning Commission as provided for in § 69-4 of this chapter, stating that the lot will not be the subject of a regulated activity within five years of the cutting, clearing, or grading of forest. Strip or deep mining of coal regulated under Natural Resources Article, Title 7, Subtitle 5 or 5A, Annotated Code of Maryland. Noncoal surface mining regulated under Natural Resources Article, Title 7, Subtitle 6A, Annotated Code of Maryland. An activity required for the purpose of constructing a dwelling house intended for the use of the owner, or a child or a grandchild of the owner, if the activity: Does not result in the cutting, clearing, or grading of more than 40,000 square feet of forest; and Is the subject of a declaration of intent filed with the Centreville Planning and Zoning Commission, as provided in § 69-4 of this chapter, which states that transfer of ownership may result in a loss of exemption. A preliminary plan of subdivision or a grading or sediment control plan approved before July 1, 1991. A planned unit development that, by December 31, 1991, has: Met all requirements for planned unit development approval; and Obtained initial development plan approval by the Town Council of Centreville. A real estate transfer to provide a security, leasehold, or other legal or equitable interest, including a transfer of title, of a portion of a lot or parcel, if: The transfer does not involve a change in land use, or new development or redevelopment, with associated land disturbing activities; and Both the grantor and grantee file a declaration of intent, as provided for in § 69-4 of this chapter. 69-4 Declaration Of Intent The purpose of the declaration of intent is to verify that the proposed activity is exempt under Natural Resources Article, §§ 5-103 and 5-1601 - 5-1612, Annotated Code of Maryland, and this chapter. A person seeking an exemption under § 69-3B(3), (4), (8), (11) and (14) of this chapter shall file a declaration of intent with the Centreville Planning and Zoning Commission. The existence of a declaration of intent does not preclude: An exempted activity on the property subject to a declaration of intent, if the activity: Does not conflict with the purpose of any existing declaration of intent; and Complies with the applicable requirements for an exempted activity. A regulated activity on the area covered by the declaration of intent, if the activity occurs within five years of the effective date of the declaration of intent, in which case: There shall be an immediate loss of exemption; or There may be a noncompliance action taken by the Centreville Planning and Zoning Commission or its agent, as appropriate, under this chapter; or A regulated activity on that area of the property not covered under the declaration of intent if the requirements of this chapter are satisfied. The Centreville Planning and Zoning Commission or its agent may require a person failing to file a declaration of intent or found in noncompliance with a declaration of intent to: Meet the retention, afforestation and reforestation requirements established in §§ 69-3 through 69-14 of this chapter; Pay a noncompliance fee of $1 per square foot of forest cut or cleared under the declaration of intent; Be subject to other enforcement actions appropriate under Natural Resources Article § 5-1601 et seq., Annotated Code of Maryland, and this chapter; or File a declaration of intent with the Centreville Planning and Zoning Commission. In its determination of appropriate enforcement action, the Centreville Planning and Zoning Commission or its agent may consider whether failure to file a declaration of intent by a person required to file is a knowing violation of this chapter. The declaration of intent is effective for five years. 69-5 General Requirements A person making application after the effective date of January 1, 1993, for subdivision or local agency project plan approval, a grading permit, or a sediment control permit for an area of land of 40,000 square feet or greater shall: Submit to the Centreville Planning and Zoning Commission a forest stand delineation and a forest conservation plan for the lot or parcel on which the development is located; and Use methods approved by the Town of Centreville as provided in the Town of Centreville Forest Conservation Technical Manual, to protect retained forests and trees during construction. If a local agency or person using state funds makes application to conduct a regulated activity, the provisions of COMAR 08.19.04.01D - G apply. 69-6 Forest Stand Delineation Criteria A forest stand delineation shall be submitted at the initial stages of subdivision or project plan approval, before a grading permit application or before a sediment control application is submitted for the tract being developed. The delineation shall be prepared by a licensed forester, licensed landscape architect, or a qualified professional who meets the requirements stated in COMAR 08.19.06.01B. The delineation shall be used during the preliminary review process to determine the most suitable and practical areas for forest conservation and shall contain the following components: A topographic map delineating intermittent and perennial streams and steep slopes over 25%; A soils map delineating soils with structural limitations, hydric soils, or soils with a soil K value of greater than 0.35 on slopes of 15% or more; Forest stand maps indicating species, location, and size of trees and showing dominant and codominant forest types; Location of one-hundred-year floodplains; Information required by the Forest Conservation Technical Manual; and Other information the Centreville Planning and Zoning Commission determines is necessary to implement this chapter. If approved by the Centreville Planning and Zoning Commission, a simplified delineation may be submitted for an area: When no forest cover is disturbed during a construction activity; and The area is designated to be under a long-term protective agreement. The Centreville Planning and Zoning Commission shall consider a simplified forest stand delineation complete if it includes: All requirements under Subsection C(1) and (2) and (4) and (5) of this § 69-6; A map showing existing forest cover as verified by field inspection; and Other information required by this chapter. An approved forest stand delineation may remain in effect for a period not longer than five years. Time for submittal. Within 30 calendar days after receipt of the forest stand delineation, the Centreville Planning and Zoning Commission or its agent shall notify the applicant whether the forest stand delineation is complete and correct. If the Centreville Planning and Zoning Commission or its agent fails to notify the applicant within 30 days, the delineation shall be treated as complete and correct. The Centreville Planning and Zoning Commission or its agent may require further information or provide for an additional 15 calendar days under extenuating circumstances. 69-7 Forest Conservation Plan General provisions. In developing a forest conservation plan, the applicant shall give priority to techniques for retaining existing forest on the site. If existing forest on the site subject to a forest conservation plan cannot be retained, the applicant shall demonstrate to the satisfaction of the Centreville Planning and Zoning Commission: How techniques for forest retention have been exhausted; Why the priority forests and priority areas specified in Natural Resources Article § 5-1607(c), Annotated Code of Maryland, cannot be left in any undisturbed condition; If priority forests and priority areas cannot be left undisturbed, how the sequence for afforestation or reforestation will be followed in compliance with Natural Resources Article § 5-1607, Annotated Code of Maryland; and Where on the site in priority areas afforestation or reforestation will occur in compliance with Natural Resources Article § 5-1607, Annotated Code of Maryland. The applicant shall demonstrate to the satisfaction of the Centreville Planning and Zoning Commission that the requirements for afforestation or reforestation on site or off site cannot be reasonably accomplished if the applicant proposes to make a payment into the local forest conservation fund instead of afforestation or reforestation. Nontidal wetlands. A regulated activity under the local program is subject to the following requirements: For the purposes of delineation, permitting, and mitigation, areas determined to be nontidal wetlands under COMAR 08.05.04 shall be regulated under COMAR 08.05.04 or this chapter, whichever is more stringent. For the purpose of calculating reforestation mitigation under this chapter, a forested nontidal wetland permitted to be cut or cleared and required to be mitigated under COMAR 08.05.04 shall be shown on the forest conservation plan and subtracted on an acre-for-acre basis from the total amount of forest to be cut or cleared as part of a regulated activity. Nontidal wetlands shall be considered to be priority areas for retention and replacement. Forested nontidal wetland identification and delineation should be included at the earliest stage of planning to assist the applicant in avoidance and reduction of impacts to the nontidal wetlands and to avoid delay in the approval process. Preliminary forest conservation plan. A preliminary forest conservation plan shall be prepared by a licensed forester, a licensed landscape architect, or a qualified professional who meets the requirements stated in COMAR 08.19.06.018. A preliminary forest conservation plan shall: Be submitted with the preliminary plan of a subdivision or a proposed project plan; Include the approved forest stand delineation for the site; Include a table that lists the proposed values of the following, in square feet: Net tract area; Area of forest conservation required; and Area of forest conservation that the applicant proposes to provide, including both on-site and off-site areas. Include a clear graphic indication of the forest conservation provided on the site drawn to scale, showing areas where retention of existing forest or afforestation or reforestation is proposed; Include an explanation of how the provisions of § 69-7A of this chapter have been met; In the case of afforestation or reforestation, include a proposed afforestation or reforestation plan; Include a proposed construction timetable showing the sequence of forest conservation procedures; Show the proposed limits of disturbance; Show proposed stockpile areas; Incorporate a proposed two-year maintenance agreement that shows how areas designated for afforestation or reforestation will be maintained to ensure protection and satisfactory establishment; Information required in the Forest Conservation Technical Manual; and Other information the Centreville Planning and Zoning Commission determines is necessary to implement this chapter. The review of the preliminary forest conservation plan shall be concurrent with the review of the preliminary site plan. During the different stages of the review process, the preliminary forest conservation plan may be modified. Final forest conservation plan. A final forest conservation plan shall be prepared by a licensed forester, a licensed landscape architect, or a qualified professional who meets the requirements stated in COMAR 08.19.06.011B. A final forest conservation plan shall: Be submitted with the following: A final subdivision plan; A final project plan; An application for a grading permit; or An application for a sediment control permit. Show proposed locations and types of protective devices to be used during construction activities to protect trees and forests designated for conservation; In the case of afforestation or reforestation, include an afforestation or reforestation plan, with a timetable and description of needed site and soil preparation, species, size and spacing to be used; Incorporate a binding two-year maintenance agreement specified in COMAR 08.19.05.01 that details how the areas designated for afforestation or reforestation will be maintained to ensure protection and satisfactory establishment, including: Watering; and A reinforcement planting provision if survival rates fall below required standards, as provided in the Town of Centreville Forest Conservation Technical Manual; Incorporate a long-term binding protective agreement as specified in COMAR 08.19.05.02 that: Provides protection for areas of forest conservation, including areas of afforestation, reforestation, and retention; and Limits uses in areas of forest conservation to those uses that are designated and consistent with forest conservation, including recreational activities and forest management practices that are used to preserve forest. Include the substantive elements required under § 69-7B(2)(b) - (e), (g) - (i) and (k) of this section, as finalized elements of the forest conservation plan; and Other information the Centreville Planning and Zoning Commission determines is necessary to implement this chapter. Time for submittal. Within 45 calendar days after receipt of the final forest conservation plan, the Centreville Planning and Zoning Commission shall notify the applicant whether the forest conservation plan is complete and approved. If the Centreville Planning and Zoning Commission fails to notify the applicant within 45 calendar days, the plan shall be treated as complete and approved. The Centreville Planning and Zoning Commission may require further information or extend the deadline for an additional 15 calendar days under extenuating circumstances. At the request of the applicant, the Centreville Planning and Zoning Commission may extend the deadline under extenuating circumstances. The Centreville Planning and Zoning Commission's review of a final forest conservation plan shall be concurrent with the review of the final subdivision or project plan, grading permit application, or sediment control application associated with the project. The Centreville Planning and Zoning Commission may revoke an approved forest conservation plan if it finds that: A provision of the plan has been violated; Approval of the plan was obtained through fraud, misrepresentation, a false or misleading statement, or omission of a relevant or material fact; or Changes in the development or in the condition of the site necessitate preparation of a new or amended plan. The Centreville Planning and Zoning Commission or its agent may issue a stop-work order against a person who violates a provision of this chapter or a regulation, order, approved forest conservation plan, or maintenance agreement. Before revoking approval of a forest conservation plan, the Town of Centreville or its agent shall notify the violator in writing and provide an opportunity for a hearing. 69-8 Afforestation And Retention Afforestation requirement. A person making application after the effective date of this chapter for subdivision or project plan approval, a grading permit, or a sediment control permit for an area of land of 40,000 square feet or greater, shall: Conduct afforestation on the lot or parcel in accordance with the following: A tract with less than 15% of its net tract area in forest cover shall be afforested up to at least 15% of the net tract area for the following land use categories: Institutional development areas. High density residential areas. Mixed use and planned unit development areas. Commercial and industrial use areas. Comply with the following when cutting into forest cover that is currently below the afforestation percentages described in Subsection A(1) of this article: The required afforestation level shall be determined by the amount of forest existing before cutting or clearing begins; and Forest cut or cleared below the required afforestation level shall be reforested or afforested at a two-to-one ratio and added to the amount of afforestation necessary to reach the minimum required afforestation level, as determined by the amount of forest existing before cutting or clearing began. Retention. The following trees, shrubs, plants, and specific areas are considered priority for retention and protection and shall be left in an undisturbed condition unless the applicant has demonstrated, to the satisfaction of the Centreville Planning and Zoning Commission, that reasonable efforts have been made to protect them and the plan cannot be reasonably altered: Trees, shrubs, and plants located in sensitive areas including the one-hundred-year floodplain, intermittent and perennial streams and their buffers, steep slopes, nontidal wetlands, and critical habitats. Contiguous forest that connects the largest undeveloped or most vegetated tracts of land within and adjacent to the site. Trees, shrubs, or plants determined to be rare, threatened, or endangered under: The Federal Endangered Species Act of 1973 in 16 U.S.C. § 1531 - 1544 and in 50 CFR Part 17. The Maryland Nongame and Endangered Species Conservation Act, Natural Resources Article, §§ 10-2A-1901 - 10-2A09, Annotated Code of Maryland. COMAR 08.03.08. Trees that: Are part of a historic site; Are associated with a historic structure; or Have been designated by the state or Town of Centreville as a national, or state champion tree. Any tree having a diameter measured at 4.5 feet above the ground of: Thirty inches or more; or Seventy-five percent or more of the diameter, measured at 4.5 feet above the ground, of the current state champion tree of that species as designated by the Department of Natural Resources. 69-9 Forest Conservation Threshold There is a forest conservation threshold established for all land use categories, as provided in Subsection B or this section. The forest conservation threshold means the percentage of the net tract area at which the reforestation requirement changes from a ratio of 1/4 acre planted for each acre removed above the threshold to a ratio of two acres planted for each acre removed below the threshold. After reasonable efforts to minimize the cutting or clearing of trees and other woody plants have been exhausted in the development of a subdivision or project plan, grading and sediment control activities, and implementation of the forest conservation plan, the forest conservation plan shall provide for reforestation, or payment into the Forest Conservation Fund, according to the formula set forth in Subsections B and C of this section and consistent with § 69-7A of this chapter, and the following forest conservation thresholds for the applicable land use category: Category of Use Threshold Percentage Institutional development areas 20 High-density residential areas 20 Mixed use and planned unit development areas 15 Commercial and industrial use areas 15 Calculations. For all existing forest cover measured to the nearest 1/10th acre cleared on the net tract area above the applicable forest conservation threshold, the area of forest removed shall be reforested at a ratio of 1/4 acre planted for each acre removed. Each acre of forest retained on the net tract area above the applicable forest conservation threshold shall be credited against the total number of acres required to be reforested under Subsection C(1) of this section. The calculation of the credit shall be according to the criteria provided in the Town of Centreville Forest Conservation Technical Manual. For all existing forest cover measured to the nearest 1/10th acre cleared on the net tract area below the applicable forest conservation threshold, the area of forest removed shall be reforested at a ratio of two acres planted for each acre removed below the threshold and at a ratio of 1/4 acre planted for each acre removed above the threshold. 69-10 Sequence For Afforestation And Reforestation After techniques for retaining existing forest on the site have been exhausted, the preferred sequence of afforestation and reforestation, as determined by the Town of Centreville, shall be as follows: Selective clearing and supplemental planting on site; On-site afforestation or reforestation, if economically feasible, using transplanted or nursery stock that is greater than 1.5 inches in diameter measured at 4.5 feet above the ground; On-site afforestation or reforestation, using whip and seedling stock; Landscaping of areas under an approved landscaping plan which establishes a forest that is at least 35 feet wide and covering 2,500 square feet or more of area; Off-site afforestation or reforestation, using transplanted or nursery stock that is greater than 1.5 inches diameter measured at 4.5 feet above the ground; Off-site afforestation or reforestation, using whip and seedling stock; Natural regeneration on site; and Natural regeneration off site. A sequence other than the one described in Subsection A of this section may be used for a specific project, if necessary, to achieve the objectives of the Town of Centreville's land use plan or the Town of Centreville's land use policies, or to take advantage of opportunities to consolidate forest conservation efforts. The following are considered a priority for afforestation and reforestation: Establish or enhance forest buffers adjacent to intermittent and perennial streams to widths of at least 50 feet; Establish or enhance nonforested areas on one-hundred-year floodplains, when appropriate; Establish or increase existing forested corridors to connect existing forests within or adjacent to the site, and where practical, forest corridors should be a minimum of 300 feet in width to facilitate wildlife movement; Establish or enhance forest buffers adjacent to critical habitats where appropriate; Establish plantings to stabilize slopes of 25% or greater and slopes of 15% or greater with a soil K value greater than 0.35 including the slopes of ravines or other natural depressions; Establish buffers adjacent to areas of differing land use when appropriate or adjacent to highways or utility rights-of-way; Establish forest areas adjacent to existing forests to increase the overall area of contiguous forest cover, when appropriate; and Use native plant materials for afforestation or reforestation, when appropriate. A person required to conduct afforestation or reforestation under this section shall accomplish it within one or two growing seasons, whichever is a greater time period, following development project completion. 69-11 Forest Conservation Fund There is established a Forest Conservation Fund in the local program. If a person subject to this chapter demonstrates to the satisfaction of the Centreville Planning and Zoning Commission that requirements for reforestation or afforestation on site or off site cannot be reasonable accomplished, the person shall contribute money, at a rate of $0.50 per square foot of the area of required planting into the Town of Centreville Forest Conservation Fund. Money contributed instead of afforestation or reforestation under this section shall be paid within 90 calendar days after development project completion. Money deposited in the local Forest Conservation Fund: May be spent on the costs related to reforestation and afforestation, including site identification, acquisition, and preparation. Once these measures have been accomplished, money deposited in the local Forest Conservation Fund may be spent on maintenance and staff necessary to accomplish these measures; Shall be deposited in a separate Forest Conservation Fund; and May not revert to the general fund. Sites for afforestation or reforestation using fund money. Except as provided in Subsection F(2) of this section, the reforestation or afforestation requirement under this section shall occur in the Town and watershed in which the project is located. If the reforestation or afforestation cannot be reasonably accomplished in the Town and watershed in which the project is located, then the reforestation or afforestation shall occur in the county or watershed in the county in which the project is located. If there is no local Forest Conservation Fund established, a person may contribute to the state fund, which shall determine when contribution is allowable under COMAR 08. 19.02 .D1I. [Amended 12-18-2001 by Ord. No. 10-01] 69-12 Recommended Tree Species List Tree species used for afforestation or reforestation shall be native to the Maryland Eastern Shore, when appropriate, and approved by the Town of Centreville. The Town of Centreville hereby adopts the list of tree species incorporated in the Forest Conservation Technical Manual. Said list may be amended from time to time. 69-13 Bonding A person required to conduct afforestation or reforestation under this chapter shall furnish financial security in the form of a bond, an irrevocable letter of credit, or other security approved by the Town of Centreville. The surety shall: Assure that the afforestation, reforestation, and the associated maintenance agreement are conducted and maintained in accordance with the approved forest conservation plan; Be in an amount equal to the estimated cost, as determined by the Centreville Planning and Zoning Commission, of afforestation and reforestation; and Be in a form and of a content approved by the Centreville Planning and Zoning Commission. After one growing season, the person required to file a bond under Subsection A of this section may request reduction of the amount of the bond or other financial security by submitting a written request to the Town Council of Centreville with a justification for reducing the bond or other financial security amount, including estimated or actual costs to ensure afforestation or reforestation requirements are met. The Town Council of Centreville after receiving recommendations from the Centreville Planning and Zoning Commission shall determine whether a lesser amount is sufficient to cover the cost of afforestation or reforestation, taking into account the following: The number of acres; The proposed method of afforestation or reforestation; The cost of planting materials or replacement materials; The cost of maintenance of the afforestation or reforestation project; and Other relevant factors. If, after two growing seasons, the plantings associated with the afforestation or reforestation meet or exceed the standards of the Town of Centreville Forest Conservation Technical Manual, the amount of the cash bond, letter of credit, surety bond, or other security shall be returned or released. A local forest conservation program may incorporate the financial security set forth in Subsections A through D or this section or in COMAR 08.19.05.01B. 69-14 Protection Devices The Town of Centreville shall adopt standards for the protection of trees from construction activity that are at least as effective as the standards provided in the Department of Natural Resources Forest Conservation Manual. Before cutting, clearing, grading, or construction begins on a site for which a forest conservation plan is required by this chapter, the applicant shall demonstrate to the Centreville Planning and Zoning Commission that protective devices have been established. 69-15 Variance Procedure A person may request a variance from this chapter or the requirements of Natural Resources Article § 5-1601 et seq., Annotated Code of Maryland, if the person demonstrated that enforcement would result in unwarranted hardship to the person. An applicant for a variance shall: Describe the special conditions peculiar to the property which would cause the unwarranted hardship; Describe how enforcement of these rules will deprive the applicant of rights commonly enjoyed by others in similar areas; Verify that the granting of the variance will not confer on the applicant a special privilege that would be denied to other applicants; Verify that the variance request is not based on conditions or circumstances which are the result of actions by the applicant; Verify that the request does not arise from a condition relating to land or building use, either permitted or nonconforming, on a neighboring property; and Verify that the granting of a variance will not adversely affect water quality. The Centreville Board of Appeals shall make findings that the applicant has met the requirements in Subsections A and B of this section before a variance is granted. Notice of a request for a variance shall be given to the Department of Natural Resources within 15 days of receipt of a request for a variance. There is established by this chapter the right and authority of the Department of Natural Resources to initiate or intervene in an administrative, judicial or other original proceeding or appeal in the state concerning an approval of a variance under Natural Resources Article § 5- 1601 et seq., Annotated Code of Maryland, or this chapter. 69-16 Enforcement Noncompliance fees. A person found to be in noncompliance with this chapter, regulations adopted under this chapter, the forest conservation plan, or the associated two-year maintenance agreement shall be assessed by the Centreville Planning and Zoning Commission or its agent the penalty of $1 per square foot of the area found to be in noncompliance with required forest conservation. Money collected under Subsection A(1) of this section shall be deposited in the Forest Conservation Fund as required by § 69-11 of this chapter, and may be used by the Town of Centreville for purposes related to implementing this chapter. Violation. In addition to the provisions under Subsection A of this article, a person who violates a provision of this chapter or a regulation or order adopted or issued under this chapter(or article) shall constitute a municipal infraction, and said person or persons violating the chapter (or article) or any section thereof shall be subject to a fine for a Class C Municipal as adopted by the Town Council by Resolution, provided that a citation is served upon said person or persons in the manner prescribed by § 6-103 of the Local Government Article of the Annotated Code of Maryland. The fine is payable by the offender to the municipality within 20 calendar days of receipt of a citation. Each day such violation, as defined above, continues shall be considered a separate offense. The Town of Centreville may seek an injunction requiring the person to cease violation of this chapter and take corrective action to restore or reforest an area. The local program may adopt the enforcement provisions under COMAR 08.19.06.03. HISTORY Amended by Ord. 13-2024 Amended Penalty Sections throughout the Code on 1/2/2025 Adopted by Res. 19-2024 Establishing certain fines to be paid to the Town of Centreville for Municipal Infractions pursuant to the Authority set forth in the Town of Centreville Charter and Code of the Town of Centreville on 1/2/2025 69-17 Annual Report On or before July 1 of each year, the Centreville Planning and Zoning Commission shall submit to the Senate Economic and Environmental Matters Committee a report on: The number, location, and type of projects subject to the provisions of this chapter. The amount and location of acres cleared, conserved, and planted in connection with a development project. The amount of reforestation and afforestation fees and noncompliance penalties collected and expended. The costs of implementing the forest conservation program. 69-18 Biennial Review By Department Of Natural Resources The Centreville Planning and Zoning Commission shall submit the necessary documentation to comply with COMAR 08.19.02.04. 69-19 Amendments This chapter may be amended as required. All amendments to this chapter are subject to the approval of the Department of Natural Resources.