(A) Timing of submissions.
(1) A final forest conservation plan (“FFCP”) shall be submitted simultaneously with or prior to the following, whichever is submitted first:
(a) A final subdivision plat; or
(b) An application for a grading or sediment and erosion control permit.
(2) All applicable legal documents (including short term and long term protective agreements) must be submitted and fully executed prior to lot recordation for subdivision projects and prior to grading permit release for all site plan or grading permit projects.
(B) Review period.
(1) Within 45 calendar days after receipt of the final forest conservation plan (FFCP), the Department shall notify the applicant whether the FFCP is complete. If the applicant is not notified, the FFCP shall be treated as complete and correct.
(2) The Department may require further information and extend its time for review and notification for an additional 15 calendar days under extenuating circumstances.
(3) The Department shall review the FFCP concurrently with the review of the final subdivision plan or the grading or sediment and erosion control permit associated with the subject development project.
(C) Required information, in general. The FFCP shall contain the following:
(1) A map of the site drawn at the same scale as the grading or sediment and erosion control permit application drawings, site plan, or final subdivision plat;
(3) Locations and types of protective devices to be used during construction activities to protect trees and areas of forest designated for conservation;
(4) A binding forest improvements and protection agreement (FIPA), as described in § 1-21-10 that details how the areas designated for forestation will be maintained to ensure protection or satisfactory establishment, including:
(a) Watering, fertilizing, mowing and herbicide treatment; and
(b) A reinforcement planting provision if survival rates fall below required standards, as provided in § 1-21-43;
(5) A binding long-term protective agreement as specified in § 1-21-10 and COMAR 08.19.05.02 that:
(a) Provides protection for areas of forest conservation, including areas of forestation and retention, but not including individual street trees or other trees or areas afforded miscellaneous credits, as provided in § 1-21-44;
(b) Limits uses in areas of forest conservation to those uses that are consistent with forest conservation, including recreational activities and forest management practices that are used to preserve forest; and
(c) Incorporates conservation easements, deed restrictions, covenants, and other agreements as necessary, including, but not limited to, a graphic metes and bounds of all protected forest areas to be recorded in the Frederick County Land Records, either as part of a final plat or as part of the long-term protective agreement. Where county-owned property will be subject to a long term agreement, an inter-departmental written agreement incorporating the approved graphic metes and bounds description shall be executed and filed with the Department.
(D) FFCP approval authority.
(1) The FFCP cannot be altered without expressed written approval from the Department.
(2) The Department may revoke approval for a FFCP if it finds that:
(a) A provision of the FFCP has been violated;
(b) Approval of the FFCP was obtained through fraud, misrepresentation, a false or misleading statement, or omission of a relevant or material fact; or
(c) Changes in the development or in the condition of the site necessitate preparation of a new or amended FFCP.
(3) Prior to revoking approval of a final forest conservation plan (FFCP), the Department shall notify the applicant in writing and provide an opportunity for a hearing before the Frederick County Planning Commission.
(Ord. 01-20-294, 9-25-2001; Ord. 08-22-498, 8-6-2008; Ord. 14-23-678, 11-13-2014)