(A) General Provisions.
(1) At the beginning of the development process, the applicant shall submit, to the county, a FCP prepared in accordance with the Technical Manual.
(2) A FCP shall be submitted with a subdivision plan, site plan, grading permit, or building permit.
(3) If a predevelopment harvest is proposed, a Phase I FCP shall be prepared in accordance with the Technical Manual.
(4) In developing a FCP, the applicant shall give priority to techniques for retaining existing forest on the site.
(5) If existing forest on the site subject to a FCP cannot be retained, the applicant shall demonstrate to the satisfaction of the county:
(a) How techniques for forest retention have been exhausted;
(b) Why the priority forests and priority areas specified in § 150.06(A) cannot be left in an undisturbed condition:
1. If priority forests and priority areas cannot be left undisturbed, how the sequence for afforestation or reforestation will be followed in compliance with § 150.08 of this chapter.
2. Where on the site in priority areas afforestation or reforestation will occur in compliance with § 150.08 of this chapter.
(c) How the disturbance to the priority forests and priority areas specified in § 150.06(B) qualifies for a variance.
(6) If the applicant proposes to purchase credits from a forest bank, they shall demonstrate, to the satisfaction of the county, that the requirements for afforestation or reforestation onsite or offsite cannot be reasonably accomplished.
(7) Nontidal Wetlands. A regulated activity within the net tract area that occurs wholly or partly in areas regulated as nontidal wetlands under Md. Code, Environment Article, Title 9, is subject to both the nontidal wetlands regulatory requirements and the requirements of this law subject to the following:
(a) Any area of forest in the net tract area, including forest in nontidal wetlands that is retained, shall be counted towards forest conservation requirements under this law;
(b) 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 Md. Code, Environment Article, Title 9, shall be shown on the FCP 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;
(c) Nontidal wetlands shall be considered to be priority areas for retention and replacement;
(d) 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.
(B) Plan Provisions. A FCP shall:
(1) Be prepared by a Maryland licensed forester, a Maryland licensed landscape architect, or a qualified professional. A stamp or certification by the preparer shall appear on any submission of the FCP.
(2) Include information from the approved FSD.
(3) Include a map of the site.
(4) Include a table that lists, in square feet, the net tract area, the total existing forest, area of forest conservation required, and the area of forest conservation that the applicant proposes to provide including both onsite and offsite areas.
(5) Include a forest conservation worksheet.
(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 an afforestation and/or reforestation 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.
(9) Incorporate standards for trees planted adjacent to electrical utility rights-of-way as set forth in 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 limit 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 § 150.08.
(14) Incorporate the details of a maintenance 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 § 150.11.
(C) Enforcement Provisions.
(1) If a FCP is required by this chapter, a person may not cut, clear, or grade until the county has approved the FCP.
(2) Any person who fails to limit disturbance to the limits-of-disturbance delineated on the FCP shall be in violation of this chapter.
(3) The FCP may not be amended without approval from the county.
(4) The county may revoke an approved FCP if it finds that:
(a) A provision of the plan has been violated;
(b) Approval of the plan was obtained through fraud, misrepresentation, a false or misleading statement, or omission of a relevant or material fact;
(c) Changes in the development or in the condition of the site necessitate preparation of a new or amended plan; or
(d) Approval of the FSD is revoked.
(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; Ord. 2022-11, passed 8-25-2022)