(A) Timing of submissions.
(1) A forest stand delineation (“FSD”) shall be used during the initial review process to determine the most suitable and beneficial areas for forest conservation. Except as provided in subsection (A)(2) of this section, an FSD shall be submitted simultaneously with the first submission of a development project, whether it be a MXD, PDR, or PDE Phase I Plan, a PUD Phase II Plan, a cluster concept plan, a co-housing plan, preliminary subdivision plan, a site plan, or a grading permit application, but before a sediment and erosion control application is submitted for the tract or development project in question.
(2) Exceptions:
(a) Septic testing. In subdivisions classified for individual well and septic service, an applicant may submit for septic percolation testing simultaneously with a partial FSD showing the existing forest canopy line and other environmental features required by the Frederick County Subdivision Ordinance (Chapter 1-16) or Zoning Ordinance (Chapter 1-19), provided that the applicant shall:
1. Protect all historic, champion, and specimen trees; habitats for threatened and endangered species; and hydrologically-sensitive areas during the septic testing process;
2. Not remove 40,000 square feet or greater of forest; and
3. Submit normal FSD information that includes forest canopy conditions prior to removal for septic testing, before proceeding beyond septic testing.
(b) Survey lines. A licensed surveyor may cut trees if necessary to see property or other required survey information, provided that the applicant shall:
1. Protect all historic, champion, and specimen trees; habitats for threatened and endangered species; and hydrologically-sensitive areas during surveying; and
2. Submit normal FSD information if 40,000 square feet or greater of forest area is cut, even if no development project is proposed.
(c) Geotechnical testing. An applicant may perform geotechnical testing with a partial FSD showing the existing forest canopy line and other environmental features required by the Frederick County Subdivision Ordinance (Chapter 1-16) or Zoning Ordinance (Chapter 1-19), provided that the applicant shall:
1. Protect all historic, champion, and specimen trees; habitats for threatened and endangered species; and hydrologically-sensitive areas during the testing process;
2. Not remove 20,000 square feet or greater of forest; and
3. Before proceeding beyond testing, submit normal FSD information that includes forest canopy conditions as they were prior to removal for testing; and
4. Submit a forest conservation plan and provide mitigation for the forest removal activity.
(B) Required information, in general.
(1) The FSD shall be prepared at 1 of 3 levels, namely, “full,” “intermediate,” or “simplified.” The criteria for determining which level applies to a development project and the requirements for each level shall be governed by the technical manual, unless this chapter provides otherwise.
(2) All FSDs shall contain the following components:
(a) A topographic map delineating intermittent and perennial streams and steep slopes over 25%;
(b) A soils map delineating soils with structural limitations, hydric soils, or soils with a soil K value (erodibility factor) greater than 0.35 on slopes of 15% or more;
(c) Forest stand maps at an appropriate level of detail (as listed in subsection (B)(1) of this section) based upon the criteria set forth in the technical manual or this chapter, whichever is more stringent;
(d) One hundred year floodplains as described in the flood insurance rate maps published by the Federal Emergency Management Agency and all floodplains listed in the Frederick County Zoning Ordinance, § 1-19-9.100, as amended, verified by field inspection;
(e) Locations of exotic, invasive plant infestation;
(f) Locations of historic, champion, and specimen trees; and
(g) Other information the Department determines is necessary to implement this chapter.
(C) Effective period. An approved FSD is presumed to remain valid for a period of 5 years absent significant change to the site. The Department may re-approve an FSD for an additional period of time.
(D) Review deadline.
(1) Within 30 calendar days after receipt of the forest stand delineation (FSD), the Department shall notify the applicant at its regularly scheduled Technical Advisory Committee meeting or by mail as to whether the FSD is complete and correct. If the applicant is not notified, the FSD shall be treated as complete and correct.
(2) The Department may require further information or extend its time for review and notification for an additional 15 calendar days under extenuating circumstances.
(Ord. 01-20-294, 9-25-2001; Ord. 08-26-502, 10-14-2008; Ord. 10-26-561, 11-9-2010; Ord. 11-19-585, 7-28-2011; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014; Bill No. 17-17, 2-28-2018)