§ 1-21-44. MISCELLANEOUS CREDITS.
   (A)   In general. After all on-site priority areas listed in § 1-21-40(B)(1) have been or are shown to be covered by long-term protective agreements, the following types of forest/tree categories may be used at various ratios as specified in this chapter toward meeting forest requirements as part of a final forest conservation plan:
      (1)   Bio-retention stormwater management ponds and rain gardens that contain native trees and shrubs; and
      (2)   Certain tree and shrub canopy area.
   (B)   Requirements for stormwater management ponds and rain gardens. The area(s) of canopy cover (projected at a 20-year growth rate) of bio-retention stormwater management ponds and rain gardens may be used at a 1:1 ratio, and shall meet the following criteria:
      (1)   Tree and shrub density shall meet or exceed any of the various stocking and planting ratios described in § 1-21-44(D).
      (2)   The area is protected in a stormwater agreement that is protected under a long-term management agreement.
   (C)   Eligible types of tree or shrub canopy area. The canopy area of the following types of trees or shrubs may be used at a 1:1/4 ratio, meaning that for every one acre of canopy area, .25 acres of credit may be given toward meeting forestation requirements:
      (1)   Proposed native landscaping or street trees not in forest settings at their expected 20 year growth. The standard canopy area for each landscape and street tree planted shall be calculated at a diameter of 30 feet unless otherwise approved by the Department.
      (2)   Existing trees and shrubs that are healthy and structurally sound are designated as “tree save area” in forest conservation plans; and meet any of the following criteria:
         (a)   Individual trees and shrubs associated with historic places;
         (b)   Specimen and champion trees not part of a forest setting; or
         (c)   Forest areas that are not part of priority areas that are counted as “removed/cleared” forest for purposes of worksheet calculations.
   (D)   Required protection of tree and shrub canopy area. The trees and forest areas listed in subsection (C) of this section shall be required to be protected by short-term protective agreements, as provided in §§ 1-21-10 and 1-21-34, but shall not be subject to long-term protective agreements.
   (E)   Limitations in the use of miscellaneous credits. Miscellaneous credits used in a development project shall not account for more than 25% of the total reforestation requirement of a tract or development project. Miscellaneous credits may be used to meet up to 25% of any afforestation requirement, subject to meeting the requirements of (A) through (D) above.
(Ord. 01-20-294, 9-25-2001; Ord. 07-25-465, 7-19-2007; Ord. 11-19-585, 7-28-2011; Ord. 14-23-678, 11-13-2014; Bill No. 17-17, 2-28-2018)