(A) A person required by this chapter to conduct afforestation or reforestation shall enter into a maintenance agreement with the county. The maintenance agreement shall:
(1) Have a term of at least five years;
(2) Assure that the afforestation and reforestation are conducted and maintained in accordance with the approved FCP and the Technical Manual.
(3) Be provided prior to recordation of a subdivision, or issuance of a grading or building permit.
(B) A person required by this chapter to conduct afforestation or reforestation shall provide a suitable guaranty to the county. The guaranty shall:
(1) Be in the form of a bond, an irrevocable letter of credit, or other security approved by the County Attorney.
(2) Equal the estimated cost of forest conservation, as determined by the county; and
(3) Be provided prior to recordation of a subdivision, or issuance of a grading or building permit.
(C) For afforestation or reforestation by natural regeneration, inspections and release of the guaranty shall occur as follows:
(1) Once the natural regeneration area is prepared, the county shall perform an initial inspection.
(2) If the natural regeneration area is prepared in accordance with the approved FCP and the Technical Manual, the inspection shall be approved and the inspection period shall begin. The inspection period shall last a minimum of five years.
(3) Final inspection approval shall be granted, the inspection period shall conclude, and release of the guaranty shall occur when it has been demonstrated, to the satisfaction of the county, that the natural regeneration area meets or exceeds the standards of the Technical Manual.
(D) For afforestation or reforestation using tree planting, inspections and releases of the guaranty shall occur as follows:
(1) Once the planting occurs, the county shall perform an initial inspection. lf the planting is executed in accordance with the approved FCP and the Technical Manual, the inspection shall be approved and the inspection period shall begin.
(2) After two years and six months, if the planting associated with the afforestation or reforestation meets or exceeds the standards of the Technical Manual, a percentage of the guaranty may be released. Refer to the Technical Manual to determine this percentage.
(3) After five years, if the planting associated with the afforestation or reforestation meets or exceeds the standards of the Technical Manual, final inspection approval shall be granted, the inspection period shall conclude, and the remaining amount of the guaranty shall be released.
(4) If at the end of the two year and six month inspection or the five year inspection, survival rates do not meet the standards of the Technical Manual, the afforestation or reforestation area shall be replanted to the full stocking level and a five 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; Ord. 2022-11, passed 8-25-2022)