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(A) Notwithstanding anything in this subchapter to the contrary, property which is not forested as of the date of application for an off site reserve may be the subject of an application for the establishment of an off site reserve.
(B) A person who owns property which is not forested may submit an application to the county for approval of an off site reserve. The application shall include information that shows the ownership interest of the applicant, a location map, and a site or property map illustrating existing site conditions (topography, soils, the existence of wetlands, floodplain, or streams), and a map showing the site relative to surrounding physiography. At the time the application is submitted to the county, the proposed off site reserve shall be clearly marked in the field pursuant to the requirements of the Technical Manual, in order that it may be inspected.
(C) The county shall review the application of an off site reserve and shall determine, based upon the physiographic priorities established in the Technical Manual, whether the location, size, and other characteristics or the property are conducive to the successful establishment of a forest and to achieving the goals of this subchapter. The county may approve or deny the application based upon these considerations.
(D) After an area is approved as an off site reserve, the applicant may submit an off site reserve planting plan, and once the county has approved that plan, the applicant may proceed consistent with the off site reserve planting plan to establish a forest by planting the site.
(E) A suitable guaranty and maintenance agreement shall be provided for an area pursuant to § 150.31.
(F) Off site reserves shall be certified by the county prior to planting the site.
(G) After the off site reserve has been certified, the applicant may allow the planting of the area to meet the forestation requirements of this subchapter for sites elsewhere in the county. When an area of the off site reserve is planted, that portion shall be deducted from the total acreage of the off site reserve that was committed for planting. The maintenance of the off site reserve is the responsibility of the off site reserve owner.
(H) Acceptance and certification of an off site reserve does not relieve the applicant or developer of any responsibility for compliance with any other law or regulation.
(I) Use of the off site reserve may be approved for individual projects when higher priorities established in this subchapter are deemed impossible or impractical or when compliance with those higher priorities would create an undue hardship.
(J) The county will develop and maintain technical guidelines and specifications to be used in the establishment, review, and acceptance of off site reserves. These guidelines and specifications shall be included in the Technical Manual.
(2004 Code, § 115-21) (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. 2022-11, passed 8-25-2022)