§ 150.25  FOREST CONSERVATION PLAN.
   (A)   A FCP shall be prepared by a state registered forester, a state registered landscape architect, or a qualified professional. A stamp or certification by the preparer shall appear on any submission of the FCP.
   (B)   A FCP shall:
      (1)   Be submitted with the first of the following submitted for the site:
         (a)   A preliminary subdivision plan;
         (b)   A site development plan;
         (c)   An off conveyance application or single lot; or
         (d)   An application for a grading permit.
      (2)   Include an approved FSD according to the criteria established in the Technical Manual and § 150.24;
      (3)   Include a map of the site drawn at the same scale as the grading or subdivision plan;
      (4)   Include a table that lists, in square feet:
         (a)   The total existing forest;
         (b)   The total area of forest conservation that the applicant proposes to provide, including both on site and, if applicable, off site areas;
         (c)   Net tract area; and
         (d)   Area of forest conservation required.
      (5)   For any forested areas which cannot be retained, demonstrate to the satisfaction of the county:
         (a)   How techniques for forest retention have been exhausted;
         (b)   Why priority forest and priority areas specified in § 150.26(A) cannot be left in an undisturbed condition.
            1.   If priority forest and priority areas cannot be left undisturbed, how the afforestation or reforestation will be carried out in compliance with this subchapter.
            2.   Where priority areas for afforestation or reforestation are proposed on site.
            3.   Where priority areas for afforestation or reforestation are proposed off site.
            4.   Where appropriate, the forest bank that is proposed for use as credit for required afforestation or reforestation.
         (c)   How the disturbance to the priority forests and priority areas specified in § 150.26(B) qualifies for a variance.
      (6)   Include a clear graphic indication of the forest conservation to be provided on the site, showing areas where retention of existing forest, reforestation, or afforestation is planned;
      (7)   Include a construction timetable showing the sequence for tree conservation procedures which will allow for sufficient protection of trees prior to or during any construction, clearing, or grading;
      (8)   Include a reforestation plan with a timetable for planting, a description of the site, site preparation methods, species, size and spacing of planting stock, and any other information required by the Technical Manual;
      (9)   Include an afforestation plan, if required, with a timetable for planting, description of the site, site preparation methods, species, size and spacing of planting stock, and any other information required by the Technical Manual;
      (10)   Show locations and types of protective devices to be used during construction activities to protect trees and areas of forest designated for conservation;
      (11)   Show the planned limits of disturbance;
      (12)   Show planned stockpile areas;
      (13)   Incorporate a schedule for completion to assure that all required afforestation and reforestation occurs as required by § 150.29;
      (14)   Incorporate the details of a 36-month management agreement, describing how the areas designated for afforestation and reforestation will be maintained to ensure protection and satisfactory establishment, including:
         (a)   Watering;
         (b)   Reinforcement planting provision if survival rates fall below required standards, as set forth in the Technical Manual;
         (c)   Provisions for access by the county to the afforestation or reforestation site; and
         (d)   A guaranty as required in § 150.31.
      (15)   Incorporate the details of all anticipated long-term agreements to provide protection for areas of forest conservation, including areas of afforestation, reforestation, and retention by means of conservation easements, deed restrictions, covenants, forest management plans, forest conservation and management agreements, or other similar devices to provide preservation at all times, as described in the Technical Manual. These restrictions shall be noted on the record plat and deeds, and shall be in effect at all times;
      (16)   Include details of any forest management plans in place or expected to be utilized in all areas of retention, reforestation, or afforestation;
      (17)   Whenever the afforestation or reforestation is to occur off site, the person required to conduct such planting shall provide the county:
         (a)   A copy of the executed deed conveying title to the site;
         (b)   An executed conservation easement agreement;
         (c)   Written evidence of a landowner’s consent to the use of a selected site; or
         (d)   Other written evidence of a possessory or ownership interest in a selected site.
      (18)   Reforestation or afforestation may be accomplished by the use of an off site reserve. The following shall be provided:
         (a)   A copy of the off site reserve planting plan showing that the required reforestation or afforestation acreage required for the development project has been set aside for planting in the off site reserve; and
         (b)   A letter from the off site reserve owner stating that the required reforestation or afforestation acreage for the project has been committed for planting within the off site reserve.
   (C)   In a subdivision of three lots or fewer, a combined FSD/FCP may be submitted.
   (D)   Any person who fails to limit disturbance to the area delineated on the FCP shall be in violation of this subchapter.
   (E)   Prior to submission of a subdivision plan or site plan to the Planning and Zoning Commission, the developer shall obtain approval from the county of any FSD or FCP for the site.
   (F)   If a FCP is required by this subchapter, a person may not cut, clear, or grade until the county has approved the FCP.
   (G)   The FCP may not be amended without prior approval from the county.
   (H)   The county may issue a stop work order or may revoke an approved FCP if:
      (1)   Major provisions of the plan have been violated;
      (2)   Approval of the plan was obtained through fraud, misrepresentation, a false or misleading statement, or omission of a relevant or material fact;
      (3)   Changes in the development or in the condition of the site necessitate preparation of a new or amended plan; or
      (4)   Approval of the FSD is revoked.
   (I)   Prior to revoking approval of a FCP, the county shall notify the developer in writing. A stop work order shall be issued for the site until the issue of revocation has been resolved.
   (J)   In municipalities that have adopted a tree management plan (i.e., Tree City USA) and where the municipality is willing to provide long-term protection for trees planted in accordance with the plan, the FCP may include details for the use of street or park trees, provided that these trees are landscape size. The stocking standards for the trees shall meet the minimum standards contained in the Technical Manual. Species selection may be allowed to conform to the standards set in a local tree ordinance. All FCPs prepared pursuant to this section shall be prepared in accordance with the following references:
      (1)   All plants shall be identified in accordance with “Hortus Third”, by L.H. Bailey, 1976;
      (2)   All nursery stock to be planted shall conform to American Association of Nurserymen, Inc. standards as described in American Standards for Nursery Stock, publication ANSI Z60.1-1980; and
      (3)   Planting specifications shall conform to the Landscape Specification Guidelines for Baltimore–Washington Metropolitan Areas as developed by the Landscape Contractors Association of Washington, D.C., Maryland, and Virginia and shall be planted in accordance with procedures outlined in the guidelines as amended in the Landscape Manual.
   (K)   If a predevelopment harvest is proposed, a Phase I FCP shall be submitted that includes:
      (1)   An approved FSD;
      (2)   The conceptual location of roads, lot distribution, stormwater management, open space, etc.;
      (3)   A narrative detailing the intention of the harvest;
      (4)   A delineation of areas to be clear-cut, if any, and areas that will be the subject of a selective harvest; and
      (5)   A timber harvest plan prepared by a state registered forester and approved by the county, outlining estimated residual basal area, the number of residual trees per acre, percent stocking, and ensuring that the remaining forest is fully stocked and providing details on the health of the residual forest.
(2004 Code, § 115-6)  (Ord. 98-4, passed 11-18-1998; Ord. 02-03, passed 3-14-2002; Ord. 03-04, passed 1-30-2003; Ord. 04-05, passed 4-1-2004; Ord. 07-08, passed 5-3-2007; Ord. 2010-03, passed 4-1-2010; Ord. 2011-03, passed 5-17-2011)