(A) Definitions restated. AFFORESTATION under this section means the planting of trees where no or little forest exists on-site, in order to meet the afforestation thresholds. AFFORESTATION THRESHOLD means the percentage of a net tract area up to which establishment of forest is required if the existing forest area is less than the threshold, as determined by the land use category.
(B) Applicability. A person making application for a regulated activity subject to this chapter, excluding those development projects listed in subsection (C) of this section, shall comply with the afforestation requirements provided in this section.
(C) Exceptions. Afforestation requirements shall not apply to the following.
(1) Utility and linear projects that involve no change in land use.
(2) Those portions of residential subdivision lots over 3.0 acres, in which:
(a) A pre-existing agricultural or open space land use will remain unchanged for a period of at least 5 years; and
(b) The area over 3.0 acres is approved by the Department.
(D) Afforestation requirements. Afforestation on a tract or development project shall be in accordance with the following requirements:
(1) A tract or development project having less than 20% of the net tract area in forest cover shall be afforested to at least 20% of the net tract area for the following zoning categories:
(a) Agriculture;
(b) Resource conservation; and
(c) R-1 residential.
(2) A tract or development project having less than 15% of the net tract area in forest cover shall be afforested to at least 15% of the net tract area for the following zoning categories:
(a) Institutional uses in any zone;
(b) R-3, R-5, R-8, R-12, R-16 residential zones and mobile home parks;
(c) Mixed Use and Planned Development zones; and
(d) Commercial and Industrial Use zones.
(E) Forest removal below afforestation thresholds. Replacement requirements for removal of forest, even if below the afforestation threshold, are addressed in the reforestation formulas listed in § 1-21-42(D)(3) and applicants do not need to calculate replacement values separately under this section.
(Ord. 01-20-294, 9-25-2001; Ord. 07-25-465, 7-19-2007; Ord. 09-26-530, 9-29-2009; Ord. 11-19-585, 7-28-2011; Ord. 14-23-678, 11-13-2014)