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(A) A person required by this subchapter to conduct afforestation or reforestation shall enter into an agreement with the county and provide a suitable guaranty to the county in the form of a bond, an irrevocable letter of credit, or other security approved by the County Attorney. The guaranty shall:
(1) Insure that the afforestation, reforestation, and the associated forest conservation and maintenance agreement are conducted and maintained in accordance with the approved FCP;
(2) Equal to the estimated cost of forest conservation, as determined by the county; and
(3) Be provided prior to recordation of any phase of a subdivision, or issuance of a grading permit for any regulated activity other than subdivision.
(B) After 18 months, if the planting associated with the afforestation or reforestation meets or exceeds the standards of the Technical Manual, 25% of the amount of any guaranty may be released upon written request of the developer.
(C) After 36 months, if the planting associated with the afforestation or reforestation meets or exceeds the standards of the Technical Manual, the remaining amount of the guaranty shall be returned or released upon written request of the developer.
(D) If at the end of the 18-month or end of the 36-month inspection, survival rates do not meet the standards in the Technical Manual, a three-year extension of the maintenance agreement and bond shall be required.
(2004 Code, § 115-12) (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)