§ 83-10  PAYMENT INSTEAD OF AFFORESTATION AND REFORESTATION; FOREST CONSERVATION FUND.
   (A)   There is established a Forest Conservation Fund in the local program.
   (B)   If a person subject to this chapter demonstrates to the satisfaction of the Department that requirements for reforestation or afforestation onsite or offsite cannot be reasonably accomplished, the person shall contribute money, at a rate of $0.10 per square foot of the area of required planting, into the town Forest Conservation Fund.
   (C)   Money contributed instead of afforestation or reforestation under this chapter shall be paid within 90 calendar days after development project completion.
   (D)   The town shall accomplish the reforestation or afforestation for which the money is deposited within one year or two growing seasons, whichever is a greater time period, after receipt of the money.
   (E)   Money contributed under this section shall remain in the account for a period of one year or two growing seasons, whichever is a greater time period. At the end of that time, any part that has not been used to meet the afforestation or reforestation requirements shall be returned to the person who provided the money.
   (F)   Money deposited in the local Forest Conservation Fund:
      (1)   May be spent on the costs directly related to reforestation and afforestation, including site identification, acquisition, and preparation;
      (2)   Shall be deposited in a separate Forest Conservation Fund; and
      (3)   May not revert to the General Fund.
   (G)   Sites for afforestation or reforestation using fund money.  The reforestation or afforestation under this section shall occur in the town and watershed in which the project is located.
   (H)   If there is no local Forest Conservation Fund established, a person may contribute to the state fund, which shall determine when contribution is allowable under COMAR 08.19.02.011.
(Ord. 92-6, passed 12-21-1992)