Bill No.
35-12
Concerning: Trees - Tree Canopy
Conservation
Draft No. 4
Revised:
7/23/13
Introduced:
November 27.2012
Enacted:
July 23. 2013
Executive: _ _ _ _ _ _ _ __
Effective:
Mflrch 1,2014
Sunset Date: --'-!,No::::,:n..:.::e:..--_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request ofthe County Executive
AN
ACT to:
save, maintain, and establish tree canopy for the benefit of County residents and
future generations;
(2)
[[maximize tree canopy retention and establishment;]]
[[(3) establish procedures, standards, and requirements to minimize the loss and
disturbance of tree canopy as a result of development;))
(4)]] provide for mitigation [[when tree canopy is lost or disturbed)) to offset the
environmental impacts of devt;lopment and address the loss of environmental
resources. includiIlg trees and potential growing space for shade trees;
[[(5)]]
ill
establish [[a fund)) an account for shade tree [[canopy conservation)) planting
groups oftrees[[, or forests,]]
projects, including plantings of individual trees[[,]]
on private and public property; and
[[(6)]]
ill
generally revise County law regarding tree canopy conservation.
By adding
Montgomery County Code
Chapter 55, Tree Canopy [[Conservation]]
Sections 55-1, 55-2, 55-3, 55-4, 55-5, 55-6, 55-7, 55-8, 55-9, 55-10, and 55-11
Boldface
Underlining
[Single boldface brackets]
QQuble undedining
[[Double boldface brackets])
* * *
Heading or defined term.
Added to existing law
by
original
bill.
Deletedfrom existing law
by
original
bill.
Added
by
amendment
Deletedfrom existing law or the
biD by
amendment
Existing law unaffected
by bill.
(I)
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No.
35-12
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Sec. 1. Chapter 55 is added as follows:
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3
If
Article
1.
Purpose and General Provisions.
55-1.
Short title.
4
This Chapter may be cited as the Montgomery County Tree Canopy
Conservation Law.
55-2.
Findings and purpose.
{gl
Findings. The County Council finds that trees and tree canopy
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constitute important natural resources. Trees filter groundwater,
reduce surtace runoff; help alleviate flooding, and supply necessary
habitat for wildlife. They cleanse the air. offset the heat island effects
gf
urban development, and reduce energy needs. They improve the
quality
gf
life in communities
fu!.
providing for recreation,
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compatibility between different land uses, and aesthetic appeal. The
Councilfinds that tree and tree canopy loss as q result
gf
development
and other land disturbing activities is q serious problem in the
County.
@
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Purpose. The purposes
gf
this Chapter are to:
ill
save, maintain, and establish tree canopy for the benefit
gf
County residents andfuture generations;
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m
ill
maximize tree canopy retention and establishment;
establish procedures, standards. and requirements to minimize
the loss and disturbance
gf
tree canopy as q result
gf
development;
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ill
ill
provide for mitigation when tree canopy is lost or disturbed;
and
establish q fund for tree canopy conservation projects,
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BILL
No.
35-12
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including plantings Q{ individual trees, groups Q{ trees, or
fOrests, on private and public property.
55-3.
Definitions.
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In this Chapter, the fOllowing terms have the meanings indicated:
Critical Root Zone
means the minimum area beneath
fI
tree. The critical
root zone is typically represented
l2J:
fI
concentric circle centering on the tree
trunk with
fI
radius equal in feet to
1.5
times the number Q{ inches Q{ the
trunk diameter.
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35
36
Development plan
means fIplan or an amendment to
fI
plan approved under
Division 59-D-1 Q{Chapter 59.
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Director
!!l.
Environmental Protection
!!l.
Permitting Services
means the Director Q{ the
Department Q{Environmental Protection or the Director's designee.
Director
means the Director Q{ the Department Q{
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Permitting Services or the Director's designee.
Forest conservation plan
means fIplan approved under Chapter 22A.
Forest stand delineation
means the collection and presentation Q{ data on
the existing vegetation on
fI
site proposedfor development or land disturbing
activities.
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45
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Land disturbing activity
means any earth movement or land change which
may result in soil erosion from water or wind or the movement Q{ sediment
into County waters or onto County lands, including tilling. clearing, grading,
excavating, stripping, stockpiling, filling, and related activities, and covering
land with an impermeable material.
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49
50
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Limits
!!l.
disturbance
means
f!:.
clearly designated area m which land
disturbance is planned to occur.
Limits
!!l.
tree canopy disturbance
means all areas within the limits Q{
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disturbance where tree canopy orforest exists.
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Lot
means
fI
tract gfland, the boundaries gfwhich have been established
!n:.
subdivision gf
fI
larger parcel, and which will not be the subject gffurther
subdivision, as defined
!n:.
Section
50-I. without an approved forest stand
delineation andforest conservation plan.
58
Mandatory referral
means the required review
projects or activities to be undertaken
!n:.
the
Planning Board gf
or private
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!n:.
government agencies
and public utilities under Section 20-302 gf the Land Use Article gf the
Maryland Code.
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Natural resources inventory
means
fI
collection and presentation gfdata on
the existing natural and environmental infOrmation on
fI
site and the
surrounding area proposed for development and land disturbing activities.
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Person
means:
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To the extent allowed
!n:.
law, any agency or instrument gf the federal
government, the state, any county. municipality, or other political
subdivision gfthe state, or any gftheir units;
(l!l
An individual. receiver, trustee, guardian. executor, administrator,
fiduciary, or representative gfany kind;
(fl
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Any partnership. firm, common ownership community or other
homeowners' association, public or private corporation, or any gf
their a[filiates or subsidiaries; or
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Any other entity.
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Planning Board
means the Montgomery County Planning Board gf the
Maryland-National Capital Park and Planning Commission, or the
Planning Board's designee.
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Planning Director
means the Director gf the Montgomery County Planning
Department or the Director's designee.
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Preliminary plan !!lsubdivision
means fIplan,for fIproposed subdivision or
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BILL
No. 35-12
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resubdivision prepared and submitted for approval
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the Planning Board
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under Chapter 50 betore preparation gfq subdivision plat.
Project plan
means q plan or an amendment to q plan approved under
Division 59-D-2 gfChapter 59.
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Public utilitv
means any water company, sewage disposal company, electric
company, gas company, telephone company, or cable service provider.
Qualified professional
means q licensed forester, licensed landscape
architect, or other qualified professional who meets all gf the requirements
under Section 08.19.06.01A gf the Code gf Maryland Regulations or any
successor regulation.
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Retention
means the deliberate holding and protecting gf existing trees and
fOrests on the site.
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Sediment control permit
means qpermit required to be obtained/Or certain
land disturbing activities under Chapter 19.
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Site
means any tract, lot, or parcel gfland, or combination gf tracts, lots, or
parcels gf land, under
f!.
single ownership, or contiguous and under diverse
ownership, where development is pertormed as part gfq unit, subdivision, or
project.
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Site plan
means q plan or an amendment to
f!.
plan approved under Divis ion
59-D-3 gfChapter 59.
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Special exception
means q use approved under Article 59-G gfChapter 59.
Subwatershed means the total drainage area contributing runoff to
f!.
single
point, and generally re(ers to the 8-digit hydrologic unit codes.
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Technical Manual
means q detailed guidance document adopted under
Section
55-13
and used to administer this Chapter.
Tree
means q large, woody plant having one or several self-supporting
stems or trunks and numerous branches that can grow to q height gfat least
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BILL No.
35~12
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20 feet at maturity.
Tree
includes the critical root zone.
Tree canopy
means the area gf one or many crowns gf the trees on g site
including trees in forested areas.
Tree Canopy Conservation Fund
means
q
special fund maintained f2J!. the
County to be used as specified in Section 55-14.
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Tree canopy cover
means the combined area gf the crowns gfall trees on the
site. including trees in fOrested areas.
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Tree canopy cover layer
means the Geographic InfOrmation System (GIS)
layer. or shape file. that contains polygons outlining the aerial extent gf tree
canopy in the County or any portion gfthe County.
55-4.
App/icabilitv.
Except as otherwise provided under Section
55-5.
this Chapter applies to any
person required f2J!.law to obtain g sediment control permit.
55-5.
Exemptions.
This Chapter does not apply to:
(gJ.
any tree nursery activity performed with an approved Soil Conservation
and Water Quality Plan as defined in Section 19-48;
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any commercial logging or timber harvesting operation with an
approved exemption .from the requirements under Article II gf Chapter
22A;
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(f1
cutting or clearing trees in g public utility right-of-way .fOr the
construction or modification gf electric generation facilities approved
under the Maryland Code Public Utilities Article
it
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ill
the person cutting or clearing the trees has obtained g certificate
gf public convenience and necessity required under Sections 7­
207 and 7-208 gfthe Public Utilities Article,' and
m
the cutting or clearing gffOrest or tree canopy is conducted so as
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BILL
No. 35-12
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to minimize the loss gfboth;
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routine maintenance or emergency repairs gf any facility located in
public utility rights-of-way;
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routine or emergency maintenance gf an existing storm water
management facility. including an existing access road,
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if
the person
perfOrming the maintenance has obtained all required permits;
Ul
{gl
any stream restoration project
obtained all necessary permits;
if
the
person perfOrming the work has
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the cutting or clearing
f!!JJ!.
tree
f2J!.
an existing airport currently
operating with all applicable permits to comply with applicable
provisions
gf
anyfederallaw or regulation governing the obstruction
gf
navigable airspace
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(h)
if
the Federal Aviation Administration has
determined that the trees create q hazard to aviation;
cutting or clearing any tree to comply with applicable provisions gfany
federal, state, or local law governing the saNty
gf
dams; or
any non-coal surface mining conducted in accordance with applicable
state law.
----
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Article
2.
Tree Canopy Conservation Requirements, Procedures, and Approvals.
55-6.
Tree Canopy
(gl
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=
GeneraL
Submissions. A person that is subject to this Chapter must submit to
either the Director gfPermitting Services or the Planning Director the
,fOllowing infOrmation on the amount
gf
disturbance
gf
tree canopy.
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Any person required
f2J!.
law to obtain q sediment control permit
.fOr land disturbing activity that is not subject to Chapter 22A
must submit q limits
gf
tree canopy disturbance concurrently with
the sediment control permit application to the Director gf
Permitting Services under Section 55-7.
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BILL No. 35-12
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m
Any person engaging in activity that is subject to Chapter 22A
must submit
f!
limits gftree canopy disturbance concurrently with
any other plan required under Chapter 22A to the Planning
Director under Section 55-8.
fJJl
Timing gf submissions.
The person must submit the limits gf tree
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canopy disturbance for review in conjunction with the review process
for g sediment control permit, fOrest conservation plan. development
plan, project plan. preliminary plan gf subdivision, site plan. special
exception, or mandatory referral.
If
g natural resources inventory/fOrest
stand delineation is required, the person must include the aerial extent
gf the tree canopy with the natural resources inventory/forest stand
delineation as specified in Section 22A-10.
{s;l
Incomplete submissions.
The Director gf Permitting Services or the
Planning Director must not approve an incomplete submission.
@l
Review gf submissions. Each submission required under this Chapter
must be reviewed concurrently with the review gf any submission
required under Article
I
gfChapter
19
or Chapter 22A.
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Coordination gf review. The Director gf Permitting Services and the
Planning Director
!!1f!J!
coordinate the review gf any information
submitted under subsection
{gl
with other agencies as appropriate. The
reviews may be performed concurrently, and in accordance with. any
review coordination required under Chapter
19
or Chapter 22A.
fil
Time .frame gf validity. An approved limits gf tree canopy disturbance
submission remains valid.for:
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ill
not more than
£
years unless the Planning Director has approved
either
f!
final .forest conservation plan or preliminary .forest
conservation plan that includes the limits gf tree canopy
-8­
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BILL
No.
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disturbance:
m
ill
(gl
not more than
1
years unless
f!
sediment control permit has been
issued
fu!.
the Director gf Permitting Services and remains valid;
or
J.
years
jf
the accuracy gf the limits gf tree canopy disturbance
has been verified
fu!.
f!
qualified protessional.
Issuance gf sediment control permit.
The Director gf Permitting
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Services must not issue
f!
sediment control permit to
f!
Berson that is
required to comply with this Article until:
(Jl
the Planning Board or Planning Director, as appropriate, or the
Director gf Permitting Services has approved an applicant's
limits gfdisturbance; and
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m
{gl
the applicant
IZill!§..
anyfee required under this Article.
55-7.
Tree Canopy Submissions to the Director
!!l
Permitting Services.
=
General. The limits gftree canopy disturbance infOrmation submitted to
the Director gf Permitting Services must document the extent gf the
existing area gf tree canopy and the total area gf tree canopy to be
disturbed
fu!.
the proposed activity.
207
@..
Incorporation gf limits gf tree canopy disturbance. The limits gf tree
canopy disturbance infOrmation for the subject property must be
incorporated in
f!
sediment control permit or the site plan submittedfor
f!
building permit.
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The limits gf tree canopy disturbance. The limits gf tree canopy
disturbance infOrmationfor the subject site must include:
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(Jl
f!
map delineating:
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(Al
the property boundaries:
the proposed limits gf disturbance including any off--site
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BILL
No. 35-12
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areas;
{{d
the aerial extent gf existing tree canopy cover on the
subject site.
YJ2.
to
45
feet beyond the proposed limits gf
disturbance;
(D)
the intersection gf aerial extent gf existing tree canopy
cover and the limits gfdisturbance; and
(E)
any additional information specified
f2J!.
regulation; and
III
fl.
table summarizing the squarefootage
ffi
(Jl1
the property;
the limits gfdisturbance gfthe proposed activity;
the aerial extent gfexisting tree canopy cover;
the limits gftree canopy disturbance; and
any additional information specified
f2J!.
regulation.
The Director gf
(C)
(D)
(E)
(d)
Modification to limits gf tree canopy disturbance.
gftree canopy disturbance
it
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Permitting Services may approve
fl.
modification to an approved limits
ill
the modification is consistent with this Chapter, field inspections
or other evaluations reveal minor inadequacies gf the plan. and
modifYing the plan to remedy the inadequacies will not increase
the amount gf tree canopy removed as shown on the final
approved plan; or
III
the action is otherwise required in an emergency.
li!l
Qualification gfpreparer.
!f
fl.
tree canopy cover layer developed
f2J!.
the
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County is available and is used without alteration.
fl.
professional
engineer, land surveyor, architect, or other person qualified to prepare
erosion and sediment control plans under Chapter
19
is also qualified
to prepare the limits gftree canopy disturbance information under this
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No. 35-12
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Section. Otherwise, the limits
[![
tree canopy disturbance intormation
must be prepared
fu:.
f!.
qualified professional as defined in Section
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08.19.06.01
[![
the Code
[![
Maryland Regulations or any successor
regulation.
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55-8.
Tree Canopy
=
Submission to the Planning Director.
(gl
General. The limits
[![
tree canoey disturbance intormation submitted
to the Planning Director must document the extent
[![
existing tree
canopy and the total area
[![
tree canoey to be disturbed
fu:.
the
proposed activity. The Planning Director may use the intormation to
identitY the most suitable and practical areas for tree conservation and
mitigation.
@
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Limits
[![
tree canopy disturbance. A person that is subject to this
Section must submit the same limits
[![
tree canopy disturbance
intormation as required under Section
55-7.
@
Incorporation
[![
the limits
[![
tree canopy. the natural resources
inventory/torest stand delineation, andforest conservation plan.
If
an
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applicant is required to submit
f!.
natural resources inventory/torest
stand delineation, the extent
[![
tree canopy must be incorporated into
that submission tor the same area included in the natural resources
inventory/fOrest stand delineation.
If
an applicant is required to submit
a .fOrest conservation plan, both the extent
[![
tree canopy and the limits
[![
tree canopy disturbance must be incorporated into that submission
fOr the same area included in the/Orest conservation plan.
@
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Modification to limits
[![
tree canopy disturbance.
The Planning
Director may approve
f!.
modification to an approved limits
[![
tree
canopy disturbance that is consistent with this Chapter
ill
/ield inspection or other evaluation reveals minor inadequacies
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No. 35-12
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gfthe plan. and modifying the plan to remedy those inadequacies
will not increase the amount gftree canopy removed as shown on
the final approved plan; or
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m
{§l
the action is required because gfan emergency.
Submission for special exception.
!f
fl.
special exception application
is
subject to this Chapter, the applicant must submit to the Planning Board
any information necessary to satisfy the requirements gf this Chapter
betore the Board gf Appeals considers the application .for the special
exception.
55-9.
Tree Canopy
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280
=
Fee to Mitigate Disturbance.
The primary objective gf this Section is the retention gf
(gl
Objectives.
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existing trees. Every reasonable effort should be made to minimize the
cutting or clearing gf trees and other wooqy plants during the
development gf
fl.
subdivision plan, grading and sediment control
activities, and implementation gfthe,forest conservation plan.
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285
/J2l
Fees paid tor mitigation. Mitigation required to compensate,for the loss
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!2.L.
or disturbance
!.f6.
tree canopy must take the .torm gffees set
lzJ!.
regulation under Method
~
which the applicant
J2ill!§..
to the Tree
Canopy Conservation Fund. Mitigation fees are based on the square
.footage gftree canopy disturbed and. therefore. increase as the amount
gf tree canopy disturbance increases.
To provide credit tor on-site
landscaping. mitigation fees must not be applied to the/irst J..percent gf
the area gf tree canopy disturbed. Canopy identified as part gf any
forest delineated in an approved natural resources inventory/torest
stand delineation and subject to a,forest conservation plan is not subject
to mitigation fees under this Chapter.
Article
3.
Enforcement and Appeals.
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BILL No. 35-12
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55-10. Inspections and notification.
(gl
Permission to gain access. The Director
gf
Permitting Services or the
Planning Director may enter any property subject to this Chapter to
inspect, review, and enforce.
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[Ql
Plan to be on site; field markings. A
fQJ2J!.
gf
the approved limits
gf
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tree canopy disturbance must be available on the site for inspection
fu!.
the Director
gf
Permitting Services or the Planning Director.
Field markings must exist on site before and during installation
gf
all
tree protection measures, sediment and erosion control measures,
construction. or other land disturbing activities.
{£l
Inspections.
ill
The Director
gf
Permitting Services must conduct field
inspections concurrently with inspections required for
f!
sediment control permit under Article
I
gf
Chapter
19
for any
activity subject to Section 55-7.
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m
m
The Planning Director must conduct field inspections
concurrently with inspections requiredfOr afOrest conservation
planfor any activity subject to Section 55-8.
The Director
gf
Permitting Services or the Planning Director
may authorize additional inspections or meetings as necessary
to administer this Chapter.
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@l
Timing
gf
inspections. The inspections required under this Section
must occur:
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after the limits
gf
disturbance have been staked andflagged. but
befOre any clearing or grading begins;
m
after necessary stress reduction measures .fOr trees and roots
have been completed and the protection measures have been
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No. 35-12
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installed, but before any clearing or grading begins .. and
ill
&l
after all construction activities are completed. to determine the
level
gf
compliance with the limits
gf
tree canopy disturbance.
Scheduling requirements. A person must request an inspection
l2L.
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ill
the Director
gf
Permitting Services within the time required to
schedule an inspection under Section
19-12;
or
m
ffl
the Planning Director within the time required to schedule an
inspection under Section 22A-15.
Coordination. The Department
gf
Permitting Services and the
Planning Department must coordinate their inspections to avoid
inconsistent activities relating to the limits
gf
tree canopy disturbance.
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55-11.
Penalties and enforcement.
[gl
Enforcement authority. The Department
gf
Permitting Services has
enforcement authority for any activity approved under Section 55-7
and the Planning Board has enforcement authority for any activity
approved under Section 55-8.
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@
Enforcement action.
The Director
gf
Permitting Services or the
Planning Director may issue
fI
notice
gf
violation. corrective order,
stop-work order. or civil citation to any person that causes or allows
fI
violation
gf
this Chapter.
f2l
Civil penalty. The maximum civil penalty for any violation
gf
this
Chapter or any regulation adopted under this Chapter is $1,000.
Each day that
fI
violation continues is
fI
separate offense.
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@
Other remedy. In addition to any other penalty under this Section, the
Planning Board may seek any appropriate relief authorized under
Section 22A -16.
350
55-12.
Administrative enfOrcement
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No. 35-12
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(gl
Administrative order. In addition to any other remedy allowed
f2J!.
law, the Planning Director may at any time, including during the
pendency
gf
an enforcement action under Section
55-11,
issue an
administrative order requiring the violator to take one or more
gf
the
following actions within the time specified
f2J!.
the Planning Director:
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ill
stop the violation;
stabilize the site to comply with aforest conservation plan;
stop all work at the site;
restore or refOrest unlawfully cleared areas;
submit
f!
limits
gf
tree canopy disturbance.. fOrest conservation
plan, or tree save plan.fOr the net tract area;
m
ill
ill
ill
{Ql
place fOrested land refOrested land, or land with individual
significant trees under long-term protection
f2J!.
f!
conservation
easement, deed restriction, covenant, or other appropriate legal
ins trument; or
ill
@
submit
f!
written report or plan concerning the violation.
Effectiveness
gf
order. An order issued under this Section is effective
when it is
on the violator.
- - - -
served
---..;;...;==...:..
Article
4.
Administration
55-13.
General.
(gl
370
371
Regulations. The County Executive must adopt regulations, including
technical manuals, to administer this Chapter, under Method
2.
The
regulations must include procedures to amend
f!
limits
gf
tree canopy
disturbance.
372
373
374
375
376
377
@
Technical manual. The technical manual must include guidance and
methodologies fOr:
ill
preparing and evaluating maps gf the aerial extent gf the tree
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No. 35-12
378
379
380
381
382
383
384
385
386
387
388
canopy and the limits Q[tree canopy disturbance;
m
m
ill
ffl
providing protective measures during and after clearing or
construction, including root pruning techniques and guidance
on removing trees that are or may become hazardous;
monitoring and enforcing the limits Q[ disturbance and the
limits Q[tree canopy disturbance; and
other
appropriate
guidance for
program
requirements
consistent with this Chapter and applicable regulations.
Administrative fee. The Planning Board and the County Executive
may each,
fu!.
Method
1.
regulation, establish
f!.
schedule Q[fees to
administer this Chapter.
@
389
390
391
392
393
394
Reports. On or before March
1
Q[ each year, the Department Q[
Permitting Services, the Planning Board, and the Department Q[
Environmental Protection each must submit an annual report on the
County tree conservation program to the County Council and County
Executive.
{§l
Comprehensive plan .for mitigation. The Department Q[Environmental
Protection must develop and maintain
f!.
comprehensive County-wide
plan to mitigate disturbance to tree canopy. The Department Q[
Environmental Protection should develop the plan in consultation
with the Planning Department, the Department Q[ Transportation, the
Department Q[ General Services, the Department Q[ Economic
Development, the Soil Conservation District, and other agencies as
appropriate.
395
396
397
398
399
400
401
402
403
404
fJl
Sediment control permit application. To prevent circumvention Q[this
Chapter, the Planning Director and the Director Q[ Permitting
Services may require f!.person to submit an application .for
f!.
sediment
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No.
35-12
405
406
407
408
409
410
411
control permit enforceable under this Chapter
if
that person:
ill
limits the removal gf tree canopy or limits land disturbing or
construction activities to below requirements for g sediment
control permit; and
m
later disturbs additional tree canopy or land on the same
property, or
fu!.
any other means. such that in total, g sediment
control permit would be required.
412
413
414
415
55-14.
Tree Canopy Conservation Fund.
{gl
General. There is g County Tree Canopy Conservation Fund. The
Fund must be used in accordance with the adopted County budget and
as provided in this Section.
416
417
418
419
420
421
422
423
424
425
426
@
Mitigation fees paid into the Tree Canopy Conservation Fund. Money
deposited in the Tree Canopy Conservation Fund to fulfill mitigation
requirements must be spent on establishing and enhancing tree
canopy. including costs directly related to site identification,
acquisition, preparation. and other activities that increase tree
canopy, and must not revert to the General Fund. The Fund may also
be spent on permanent conservation gf priority forests, including
identification and acquisition gf g site within the same subwatershed
where the disturbance occurs.
f2l
Fines paid into the Tree Canopy Conservation Fund.
Any fines
collected for noncompliance with
f!
limits gf tree canopy disturbance
orforest conservation plan related to tree canopy disturbance must be
deposited in
f!
separate account in the Tree Canopy Conservation
Fund. The Fund may be used to administer this Chapter.
@
427
428
429
430
431
Use gfthe Tree Canopy Conservation Fund
ill
Anyfees collectedfor mitigation must be used to:
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BILL No. 35-12
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
fAl.
establish tree canopy;
enhance existing tree canopy through non-native invasive
and
native
invasive
species
management
control,
f11l
supplemental planting, or
fI
combination
Q[
both;
(Q
establishforest; and
acquire protective easements for existing forests or areas
with existing tree canopy that are not currently protected,
including forest mitigation banks approved under Section
22A-13.
CD)
m
The canopy established under paragraph
(J
)CA)
should shade
impervious surtaces, manage stormwater runot£ and generally
increase tree canopy coverage. Trees native to the Piedmont area
Q[
the County should be used, ifteasible, to meet the mitigation
requirements
Q[
this Chapter.
ill
The establishment
Q[
tree canopy to satisfy the mitigation
requirements
Q[
fIproject must occur in the subwatershed where
the project is located. Otherwise the tree canopy may be
established anywhere in the County"]
Article 1. Purpose and General Provisions.
450
451
452
453
454
455
456
457
458
55-1. Short title.
This Chapter may be cited as the Montgomerv County Tree Canopy Law.
55-2. Findings and purpose.
W
Findings.
The County Council finds that it is in the public interest to
offset the environmental impacts of development and address the loss
of environmental resources, including trees and potential growing
space for shade trees, and conserve tree canopy throughout the
County. Trees and tree canopy constitute important environmental
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BILL No.
35-12
459
460
resources. Trees cleanse the air. offset the heat island effects of urban
development. reduce energy needs. and provide oxygen.
They
461
462
improve the quality of life
in
communities by providing for a greater
sense of well-being and increasing esthetic appeal and compatibility
between different land uses. Trees filter groundwater. reduce surface
runoff and soil erosion. help alleviate flooding. and supply necessary
habitat for a diversity of 'Wildlife. The Council finds that the damage
to or IQss
of~nvironmental
463
464
465
466
467
468
resources as a resultof development and
other land disturbing activities is a serious problem in the County. and
that establishing shade trees. and tree canopy helps mitigate these
losses and increase the diversity of species and age classes of trees.
The Council finds that, given the expected survival rate of newly
planted shade trees, at
lea~t
469
470
471
472
3 new shade trees should be planted to
produce the canopy coverage of one mature shade tree.
473
474
475
476
477
au
Purpose.
The purposes of this Chapter are to:
ill
ill
S3:"e, mairlJain, and establish tree canopy for the benefit of
County residents and future generations; and
provide for mitigation when environmental resources, including
trees and potential growing space for
shad~
trees. are lost or
478
479
disturbed as a result of development, by establishing:
CA)
(l;!L
shade tree planting requirements and stan¢lards; and
a program to plant shade trees. including planting
individual trees or groups o(trees. on private and public
property.
480
481
482
483
55-3.
Definitions.
In this Chapter. the following terms have the meanings indicated:
Department
means the Department of Permitting Services.
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484
485
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No.
35-12
486
Director
means the Director of the Department of Permitting Services or the
487
488
Limits of disturbance
means a clearly designated area where land
disturbance is expected to occur.
Person
means:
489
490
491
492
493
494
495
496
497
498
499
500
!ill
to the extent allowed by law, any agency or instrument of the federal
government, the state, any county. municipality, or other political
subdivision of the state, or a unit of any of them:
au
!.£)
an individual. receiver, trustee, guardian, executor, administrator,
fiduciary, or representative of any kind:
any partnership, firm, common ownership community or other
homeowners' association, public or private corporation. or a affiliate
or subsidiary of any of them: or
(gJ
Public utility
means any water company. sewage disposal company. electric·
company. gas company, telephone company, or cable service provider.
Sediment control permit
means a permit required to be obtained for certain
land disturbing activities under Chapter 19.
Shade tree
means a tree of large stature that is capable of growing to heights
501
502
503
504
505
506
Site
means any tract. lot. or parcel of land. or combination of tracts. lots. or
parcels of land, under a single ownership. or contiguous and under diverse
ownership.
Subwatershed
means the total drainage area contributing runoff to a single
point. and generally refers to the 8-digit hydrologic unit codes.
Technical Manual
means a detailed guidance document that may be adopted
under Section 55-9 and used to administer this Chapter.
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507
508
509
510
511
512
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No. 35-12
513
514
Tree canopY
means the area covered by the crown of one or more trees.
Tree Canopy Conservation Account
means a special account maintained by
the County to be used as specified in Section 55-10.
55-4. Applicability.
515
516
517
518
519
Except as otherwise provided in
Secti()l"'lmm~5-5,
this Chapter applies to any
person required by law to obtain a sediment control permit.
55-5. Exemptions.
520
521
This Chapter does not apply to:
W
any activity that is subject to Article II of Chapter 22A;
any commercial logging or timber harvesting operation with an
approved exemptionfrQID Article II of Chapter 22A;
522
523
524
au
(£)
any tree nursery activity performed with an approved Soil Conservation
and Water Quality Plan as defined in Section 19-48;
525
526
527
@
cutting or clearing trees in a public utility right-of-way for the
construction or modification of electric generation facilities approved
under the Maryland Code Public Utilities Article if:
528
529
ill
the person cutting or clearing the trees has obtained a certificate
of public convenience and necessity required under Sections 7­
207 aI1g]-208 ofthe Public Utilities Article: and
530
531
532
533
534
535
536
(2J
the cutting or clearing of forest or tree canopy is conducted so as
to minimize the loss of both;
Uil
routine maintenance of a public utility right-of-way. and cutting or
clearing any tree by a public utility as necessary to comply with
applicable vegetation management requirements. to maintain. repair,
replace, or upgrade any public utility transmission or distribution line,
or for a new transmission or distribution line;
any activity conducted by the County Parks Department;
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537
538
539
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No.
35-12
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
(g)
routine or emergency maintenance of an existing stormwater
management facility. including an existing access road. if the person
performing the maintenance has obtained all required permits:
ilil
any stream restoration project if the person performing the work has
obtained all necessary permits:
cutting or clearing any tree by an existing airport currently operating
with all applicable permits to comply with applicable provisions of any
federal law or regulation governing the obstruction of navigable
airspace if the Federal Aviation Administration has determined that the
trees create a hazard to aviation:
ill
(k)
cutting or clearing any tree to comply with applicable provisions of any
federal. state. or local law governing the safety of dams:
any development activity permitted as a small land disturbing activity
under Section 19-5B: or
ill
any non-coal surface mining conducted in accordance with applicable
state law.
Article 2. Mitigation Requirements and Review.
55-6. Shade Tree Planting.
W
Alternatives.
An
applicant for a sediment control permit must plant
shade trees on the affected property or. if the applicant opts not to plant
the required number oftrees. pay a fee under subsection Cd).
(hl
Quantitv.
The number of shade trees required to be planted under this
Section must be based on the square footage of the area in the limits of
disturbance.
ill
Unless modified or superseded by applicable regulations adopted
under Method 1. the number of shade trees planted must comply
with the following schedule:
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BILL
No. 35-12
Area (sq.
tt.)
of the Limits
of Disturbance
From
I.o
~
8..QQQ
~
14.000
~
1
§J!Q1
8,001
12.001
R
~
567
568
569
570
ill
wm
~
If the area in the limits of disturbance exceeds 40,000 square
feet. the minimum number of shade trees required must be
prorated using the ratio of 15 trees per 40,000 square feet.
££l
Planting.
Each planting of shade trees under this Section must conform
571
to the following requirements:
572
573
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588
ill
Each shade tree must be allowed at least 400 square feet. unless
applicable regulations adopted under Method 1 specify a smaller
amount, of open surface area free of any impervious surface,
utility. stormwater management system. or other impediment to
root growth and development.
(l}
Shade trees may be planted anywhere on the subject property.
including outside the limits of disturbance if sufficient open
surface area is available entirely within the property boundaries.
Open surface area on an adjacent County right-of-way may be
included if no utility. public utility easement. or impervious
surface is located in that part of the right-of-way and the treejs
located on the affected property so that its stem will not grow into
the right-of-way.
LQJ
Fees.
If the applicant concludes that any required shade tree cannot be
planted on the affected property because sufficient open surface area is
not available or for any other reason. the applicant must pay into the
Tree Canopy Conservation Account a fee for each required shade tree
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No. 35-12
589
590
591
592
593
594
595
596
597
598
599
that is not planted
onth~
affected property. The fee must be equal to the
applicable rate the Department sets for bonding trees in the right-of­
way.
55-7. Submissions.
W
Required submissions.
A person subject to this Chapter must submit to
the Director. the following infol1llation with each application for a
sediment control permit:
ill
a plan delineating:
CA)
(W
the property
boundar!~
the proposed limits of disturbance. including any off-site
areas;
600
601
(Q
any shade tree planting locations and the reguired open
surface area for each planting location:
602
603
aJ
a table summarizing:
CA)
(W
the square footage of the property;
the square footage of the limits of disturbance of the
proposed activity;
604
605
606
607
608
(Q
the number ofshade trees required under Section 55-6Cb),
the number of shade trees to be planted. and the amount of
fees to be paid under Section 55-6Cd); and
609
610
611
CD)
the open surface area surrounding each shade tree planting
Iocati on; and
ill
thl
any additional information specified by regulation.
A professional engineer. l(ll1d surveyor.
612
613
Qualification of preparer.
archi1ect. or other person qualified to certify an erosion and sediment
control plan under Chapter 19 is also qualified to submit the information
required under this Chapter.
- 24­
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615
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No. 35-12
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
W
@
Incomplete submissions.
The Director must not accept an incomplete
submission.
Review of submissions.
Each submission required under this Chapter
must be reviewed along with any submission required under Article I of
Chapter 19.
~
Coordination ofreview.
The Director may coordinate the review of any
information submitted under subsection (a) with one or more other
agencies as appropriate.
If
the Director coordinates the review with
other agencies. the reviews must be performed concurrently and
accordance with any review coordination required under Chapter 19.
III
ill
Issuance of sediment control permit.
The Director must not issue a
sediment control permit to a person that is subject to this Chapter until:
ill
ill
ill
W
Qll
the Director has approved the applicant's planting plan:
the applicant pays any fee required under this Article: and
the applicant has satisfied all applicable requirements under
Article I of Chapter 19.
Validity period
An
approved shade tree planting plan remains valid for
the length ofthe associated sediment control permit.
Application requirement.
To prevent circumvention of this Chapter,
the Director may require a person to apply for a sediment control
permit if that person limits the removal of tree canopy or limits land
disturbing or construction activities below the requirements for a
sediment control permit and within the next 10 years disturbs
additional tree canopy or land on the same property. or conducts other
activities, such that in the aggregate a sediment control permit would
have been required.
55-8. Inspections.
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BILL No. 35-12
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
W
Permission to gain access.
The Director may enter any propertY
permitted under this Chapter to inspect the propertY and enforce this
Chapter while the permit is in effect.
au
Plan to be on site: field markings.
A copy of the approved limits of
disturbance, including [[shade tree species,]] planting locations and
minimum open surface areas, must be available on the site for
inspection by the Director. Field markings must exist on site before
and during installation of all newly planted shade trees, sediment and
erosion control measures. construction. or other land disturbing
activities.
!£1
Inspections.
The Director must conduct field inspections for any
activity subject to this Chapter along with any inspection required for
a sediment control permit under Article I of Chapter 19. The Director
may authorize additional inspections or meetings as necessary to
administer this Chapter.
(d)
Timing of inspections.
The inspections required under this Section
must occur after all construction activities are completed to determine
the level of compliance with shade tree planting requirements.
Article 3. Administration.
55-9. General.
W
Regulations.
Except as otherwise provided. the
CountyJ~xecutive
must adopt regulations. including a technical manual. to administer
this Chapter, under Method 2.
au
Technical manual.
The technical manual must include guidance and
methods to:
ill
preserve trees onsite where possible:
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BILL
No. 35-12
669
670
671
Hill]]
al
identify. map. and evaluate the suitability of planting site
locations. including acceptable shapes of open surface areas and
the use of County rights-of-way;
[[al]]
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
ill
identify criteria for acceptable species. sizes. and health of
newly planted shade trees;
[[ill]] ill
identify criteria for acceptable installation techniques: and
[[ill]]
ill
otherwise comply with program requirements. consistent
with this Chapter and applicable regulations.
W
(g)
Administrative fee.
The County Executive may. by Method 2
regulation. adopt a schedule of fees to administer this Chapter.
Reports.
On or before March 1 of each year. the Directors of
Permitting Services and Environmental Protection must jointly submit
an annual report on the County shade tree planting program to the
County Council and County Executive.
W
Comprehensive planting plan.
The Director of Environmental
Protection must adopt and maintain a comprehensive County-wide
shade tree planting plan to specify appropriate uses for funds in the
Tree Canopy Conservation Account. The Director should develop the
plan after consulting other County agencies and the Planning
Department.
ill
Survival and mortality analvsis.
The Department of Environmental
Protection must collect data on shade trees planted under this Chapter,
and those planted under other programs. to evaluate and provide
guidance to the County's tree canopy programs.
(gJ
Tree canopy plan.
The Director of Environmental Protection. after
consulting other County agencies. the Planning Department, the
Forest Conservation Advisory Committee. organizations representing
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BILL NO. 35-12
696
697
698
699
700
701
702
703
704
705
development and environmental interests. and the public. must
propose to the Executive and Council recommendations regarding:
ill
ill
tree canopy goals for the County; and
a comprehensive strategy to increase the number of trees
planted in the County.
55-10. Tree Canopy Conservation Account.
W
Established.
A Department assigned by the Executive must create a
County Tree Canopy Conservation Account. The Account must be
used as provided in this Chapter and the adopted operating budget.
t:h)
Use gerunds.
The assigned Department must use funds deposited in the
Tree Canopy Conservation Account only to plant and maintain shade
trees. including costs directly related to site identification. preparation.
and other activities that increase tree canopy. Funds deposited into the
Account must not revert to the General Fund and must not be used to
hire additional County staff or to supplant funds otherwise appropriated
to plant and maintain shade trees and enhance tree canopy.
706
707
708
709
710
711
712
713
714
715
(£)
Fines.
Any fine collected for noncompliance with shade tree planting
requirements must be deposited in a separate account in the Tree
Canopy Conservation Account and must be used to administer this
Chapter.
716
717
718
(dJ
plantings.
ill
Shade trees native to the Piedmont area of the Countv should be
used. if feasible. to meet the mitigation requirements of this
Chapter.
719
720
721
722
ill
The planting of shade trees under this Chapter must occur in the
subwatershed where the project is located. if feasible. Otherwise
the shade trees may be planted anywhere in the County.
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No.
35-12
723
724
725
726
727
728
729
730
731
732
733
734
735
736
737
738
ill
In planting trees under this paragraph. the assigned Department
must give highest priority to those areas of the Countyp such as
central business districts and other urban and suburban areas, that
have relatively low tree canopy coverage.
55-11. Enforcement.
W
Compliance.
The Director may issue a notice of violation, corrective
order, stop-work order, or civil citation to any person that causes or
allows a violation of this Chapter.
Lhl
Civil penaltv.
A violation of this Chapter is a Class A violation. The
maximum civil penalty for any violation of this Chapter or any
regulation adopted under this Chapter is $1.000.
violation continues is a separate offense.
Each day that a
Sec. 2. Effective date; transition.
This Act takes effect on March 1. 2014. County Code Chapter 55, as inserted
by this Act. does not apply to any application for a sediment control permit that is
accepted by the Director of Permitting Services before that date.
- 29­
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739
740
741
742
743
744
745
746
747
748
749
750
Approved:
Date
Approved:
Isiah Leggett, County Executive
This is a correct copy ofCouncil action.
Date
Linda M. Lauer, Clerk of the Council
Date
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Bill No.
35-12
Concerning: Trees - Tree Canopy
Conservation
Draft No. 4
Revised:
7/23/13
Introduced:
November 27.2012
Enacted:
July 23. 2013
Executive: _ _ _ _ _ _ _ __
Effective:
Mflrch 1,2014
Sunset Date: --'-!,No::::,:n..:.::e:..--_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request ofthe County Executive
AN
ACT to:
save, maintain, and establish tree canopy for the benefit of County residents and
future generations;
(2)
[[maximize tree canopy retention and establishment;]]
[[(3) establish procedures, standards, and requirements to minimize the loss and
disturbance of tree canopy as a result of development;))
(4)]] provide for mitigation [[when tree canopy is lost or disturbed)) to offset the
environmental impacts of devt;lopment and address the loss of environmental
resources. includiIlg trees and potential growing space for shade trees;
[[(5)]]
ill
establish [[a fund)) an account for shade tree [[canopy conservation)) planting
groups oftrees[[, or forests,]]
projects, including plantings of individual trees[[,]]
on private and public property; and
[[(6)]]
ill
generally revise County law regarding tree canopy conservation.
By adding
Montgomery County Code
Chapter 55, Tree Canopy [[Conservation]]
Sections 55-1, 55-2, 55-3, 55-4, 55-5, 55-6, 55-7, 55-8, 55-9, 55-10, and 55-11
Boldface
Underlining
[Single boldface brackets]
QQuble undedining
[[Double boldface brackets])
* * *
Heading or defined term.
Added to existing law
by
original
bill.
Deletedfrom existing law
by
original
bill.
Added
by
amendment
Deletedfrom existing law or the
biD by
amendment
Existing law unaffected
by bill.
(I)
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No.
35-12
1
Sec. 1. Chapter 55 is added as follows:
2
3
If
Article
1.
Purpose and General Provisions.
55-1.
Short title.
4
This Chapter may be cited as the Montgomery County Tree Canopy
Conservation Law.
55-2.
Findings and purpose.
{gl
Findings. The County Council finds that trees and tree canopy
5
6
7
8
9
10
11
12
constitute important natural resources. Trees filter groundwater,
reduce surtace runoff; help alleviate flooding, and supply necessary
habitat for wildlife. They cleanse the air. offset the heat island effects
gf
urban development, and reduce energy needs. They improve the
quality
gf
life in communities
fu!.
providing for recreation,
13
14
compatibility between different land uses, and aesthetic appeal. The
Councilfinds that tree and tree canopy loss as q result
gf
development
and other land disturbing activities is q serious problem in the
County.
@
15
16
17
18
Purpose. The purposes
gf
this Chapter are to:
ill
save, maintain, and establish tree canopy for the benefit
gf
County residents andfuture generations;
19
20
21
m
ill
maximize tree canopy retention and establishment;
establish procedures, standards. and requirements to minimize
the loss and disturbance
gf
tree canopy as q result
gf
development;
22
23
24
25
ill
ill
provide for mitigation when tree canopy is lost or disturbed;
and
establish q fund for tree canopy conservation projects,
26
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28
including plantings Q{ individual trees, groups Q{ trees, or
fOrests, on private and public property.
55-3.
Definitions.
29
30
31
32
In this Chapter, the fOllowing terms have the meanings indicated:
Critical Root Zone
means the minimum area beneath
fI
tree. The critical
root zone is typically represented
l2J:
fI
concentric circle centering on the tree
trunk with
fI
radius equal in feet to
1.5
times the number Q{ inches Q{ the
trunk diameter.
33
34
35
36
Development plan
means fIplan or an amendment to
fI
plan approved under
Division 59-D-1 Q{Chapter 59.
37
38
39
Director
!!l.
Environmental Protection
!!l.
Permitting Services
means the Director Q{ the
Department Q{Environmental Protection or the Director's designee.
Director
means the Director Q{ the Department Q{
40
41
42
Permitting Services or the Director's designee.
Forest conservation plan
means fIplan approved under Chapter 22A.
Forest stand delineation
means the collection and presentation Q{ data on
the existing vegetation on
fI
site proposedfor development or land disturbing
activities.
43
44
45
46
47
Land disturbing activity
means any earth movement or land change which
may result in soil erosion from water or wind or the movement Q{ sediment
into County waters or onto County lands, including tilling. clearing, grading,
excavating, stripping, stockpiling, filling, and related activities, and covering
land with an impermeable material.
48
49
50
51
52
Limits
!!l.
disturbance
means
f!:.
clearly designated area m which land
disturbance is planned to occur.
Limits
!!l.
tree canopy disturbance
means all areas within the limits Q{
53
disturbance where tree canopy orforest exists.
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No. 35-12
54
55
56
57
Lot
means
fI
tract gfland, the boundaries gfwhich have been established
!n:.
subdivision gf
fI
larger parcel, and which will not be the subject gffurther
subdivision, as defined
!n:.
Section
50-I. without an approved forest stand
delineation andforest conservation plan.
58
Mandatory referral
means the required review
projects or activities to be undertaken
!n:.
the
Planning Board gf
or private
59
60
61
!n:.
government agencies
and public utilities under Section 20-302 gf the Land Use Article gf the
Maryland Code.
62
Natural resources inventory
means
fI
collection and presentation gfdata on
the existing natural and environmental infOrmation on
fI
site and the
surrounding area proposed for development and land disturbing activities.
63
64
65
66
67
Person
means:
{gl
To the extent allowed
!n:.
law, any agency or instrument gf the federal
government, the state, any county. municipality, or other political
subdivision gfthe state, or any gftheir units;
(l!l
An individual. receiver, trustee, guardian. executor, administrator,
fiduciary, or representative gfany kind;
(fl
68
69
70
71
72
Any partnership. firm, common ownership community or other
homeowners' association, public or private corporation, or any gf
their a[filiates or subsidiaries; or
73
74
@
Any other entity.
75
76
Planning Board
means the Montgomery County Planning Board gf the
Maryland-National Capital Park and Planning Commission, or the
Planning Board's designee.
77
78
79
Planning Director
means the Director gf the Montgomery County Planning
Department or the Director's designee.
80
Preliminary plan !!lsubdivision
means fIplan,for fIproposed subdivision or
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No. 35-12
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resubdivision prepared and submitted for approval
fu!.
the Planning Board
82
83
84
under Chapter 50 betore preparation gfq subdivision plat.
Project plan
means q plan or an amendment to q plan approved under
Division 59-D-2 gfChapter 59.
85
86
87
88
Public utilitv
means any water company, sewage disposal company, electric
company, gas company, telephone company, or cable service provider.
Qualified professional
means q licensed forester, licensed landscape
architect, or other qualified professional who meets all gf the requirements
under Section 08.19.06.01A gf the Code gf Maryland Regulations or any
successor regulation.
89
90
91
Retention
means the deliberate holding and protecting gf existing trees and
fOrests on the site.
92
93
94
Sediment control permit
means qpermit required to be obtained/Or certain
land disturbing activities under Chapter 19.
95
96
Site
means any tract, lot, or parcel gfland, or combination gf tracts, lots, or
parcels gf land, under
f!.
single ownership, or contiguous and under diverse
ownership, where development is pertormed as part gfq unit, subdivision, or
project.
97
98
99
100
Site plan
means q plan or an amendment to
f!.
plan approved under Divis ion
59-D-3 gfChapter 59.
101
102
103
Special exception
means q use approved under Article 59-G gfChapter 59.
Subwatershed means the total drainage area contributing runoff to
f!.
single
point, and generally re(ers to the 8-digit hydrologic unit codes.
104
105
106
Technical Manual
means q detailed guidance document adopted under
Section
55-13
and used to administer this Chapter.
Tree
means q large, woody plant having one or several self-supporting
stems or trunks and numerous branches that can grow to q height gfat least
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108
109
110
111
20 feet at maturity.
Tree
includes the critical root zone.
Tree canopy
means the area gf one or many crowns gf the trees on g site
including trees in forested areas.
Tree Canopy Conservation Fund
means
q
special fund maintained f2J!. the
County to be used as specified in Section 55-14.
112
113
114
Tree canopy cover
means the combined area gf the crowns gfall trees on the
site. including trees in fOrested areas.
115
116
117
Tree canopy cover layer
means the Geographic InfOrmation System (GIS)
layer. or shape file. that contains polygons outlining the aerial extent gf tree
canopy in the County or any portion gfthe County.
55-4.
App/icabilitv.
Except as otherwise provided under Section
55-5.
this Chapter applies to any
person required f2J!.law to obtain g sediment control permit.
55-5.
Exemptions.
This Chapter does not apply to:
(gJ.
any tree nursery activity performed with an approved Soil Conservation
and Water Quality Plan as defined in Section 19-48;
@
118
119
120
121
122
123
124
125
126
127
any commercial logging or timber harvesting operation with an
approved exemption .from the requirements under Article II gf Chapter
22A;
128
129
(f1
cutting or clearing trees in g public utility right-of-way .fOr the
construction or modification gf electric generation facilities approved
under the Maryland Code Public Utilities Article
it
130
131
132
133
134
ill
the person cutting or clearing the trees has obtained g certificate
gf public convenience and necessity required under Sections 7­
207 and 7-208 gfthe Public Utilities Article,' and
m
the cutting or clearing gffOrest or tree canopy is conducted so as
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BILL
No. 35-12
135
to minimize the loss gfboth;
136
13 7
138
@
routine maintenance or emergency repairs gf any facility located in
public utility rights-of-way;
@
routine or emergency maintenance gf an existing storm water
management facility. including an existing access road,
139
140
141
if
the person
perfOrming the maintenance has obtained all required permits;
Ul
{gl
any stream restoration project
obtained all necessary permits;
if
the
person perfOrming the work has
142
143
144
the cutting or clearing
f!!JJ!.
tree
f2J!.
an existing airport currently
operating with all applicable permits to comply with applicable
provisions
gf
anyfederallaw or regulation governing the obstruction
gf
navigable airspace
145
146
147
148
(h)
if
the Federal Aviation Administration has
determined that the trees create q hazard to aviation;
cutting or clearing any tree to comply with applicable provisions gfany
federal, state, or local law governing the saNty
gf
dams; or
any non-coal surface mining conducted in accordance with applicable
state law.
----
149
150
151
152
Article
2.
Tree Canopy Conservation Requirements, Procedures, and Approvals.
55-6.
Tree Canopy
(gl
153
154
155
156
=
GeneraL
Submissions. A person that is subject to this Chapter must submit to
either the Director gfPermitting Services or the Planning Director the
,fOllowing infOrmation on the amount
gf
disturbance
gf
tree canopy.
157
158
ill
Any person required
f2J!.
law to obtain q sediment control permit
.fOr land disturbing activity that is not subject to Chapter 22A
must submit q limits
gf
tree canopy disturbance concurrently with
the sediment control permit application to the Director gf
Permitting Services under Section 55-7.
-7­
159
160
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BILL No. 35-12
162
163
164
165
166
m
Any person engaging in activity that is subject to Chapter 22A
must submit
f!
limits gftree canopy disturbance concurrently with
any other plan required under Chapter 22A to the Planning
Director under Section 55-8.
fJJl
Timing gf submissions.
The person must submit the limits gf tree
167
168
169
170
171
172
173
174
175
canopy disturbance for review in conjunction with the review process
for g sediment control permit, fOrest conservation plan. development
plan, project plan. preliminary plan gf subdivision, site plan. special
exception, or mandatory referral.
If
g natural resources inventory/fOrest
stand delineation is required, the person must include the aerial extent
gf the tree canopy with the natural resources inventory/forest stand
delineation as specified in Section 22A-10.
{s;l
Incomplete submissions.
The Director gf Permitting Services or the
Planning Director must not approve an incomplete submission.
@l
Review gf submissions. Each submission required under this Chapter
must be reviewed concurrently with the review gf any submission
required under Article
I
gfChapter
19
or Chapter 22A.
176
177
178
179
180
181
182
183
184
M
Coordination gf review. The Director gf Permitting Services and the
Planning Director
!!1f!J!
coordinate the review gf any information
submitted under subsection
{gl
with other agencies as appropriate. The
reviews may be performed concurrently, and in accordance with. any
review coordination required under Chapter
19
or Chapter 22A.
fil
Time .frame gf validity. An approved limits gf tree canopy disturbance
submission remains valid.for:
185
186
ill
not more than
£
years unless the Planning Director has approved
either
f!
final .forest conservation plan or preliminary .forest
conservation plan that includes the limits gf tree canopy
-8­
187
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BILL
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189
190
191
192
193
194
195
disturbance:
m
ill
(gl
not more than
1
years unless
f!
sediment control permit has been
issued
fu!.
the Director gf Permitting Services and remains valid;
or
J.
years
jf
the accuracy gf the limits gf tree canopy disturbance
has been verified
fu!.
f!
qualified protessional.
Issuance gf sediment control permit.
The Director gf Permitting
196
197
198
199
200
Services must not issue
f!
sediment control permit to
f!
Berson that is
required to comply with this Article until:
(Jl
the Planning Board or Planning Director, as appropriate, or the
Director gf Permitting Services has approved an applicant's
limits gfdisturbance; and
201
202
203
204
205
206
m
{gl
the applicant
IZill!§..
anyfee required under this Article.
55-7.
Tree Canopy Submissions to the Director
!!l
Permitting Services.
=
General. The limits gftree canopy disturbance infOrmation submitted to
the Director gf Permitting Services must document the extent gf the
existing area gf tree canopy and the total area gf tree canopy to be
disturbed
fu!.
the proposed activity.
207
@..
Incorporation gf limits gf tree canopy disturbance. The limits gf tree
canopy disturbance infOrmation for the subject property must be
incorporated in
f!
sediment control permit or the site plan submittedfor
f!
building permit.
208
209
210
211
212
@
The limits gf tree canopy disturbance. The limits gf tree canopy
disturbance infOrmationfor the subject site must include:
213
(Jl
f!
map delineating:
214
215
(Al
the property boundaries:
the proposed limits gf disturbance including any off--site
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BILL
No. 35-12
216
217
218
219
220
221
222
223
224
225
226
227
228
229
areas;
{{d
the aerial extent gf existing tree canopy cover on the
subject site.
YJ2.
to
45
feet beyond the proposed limits gf
disturbance;
(D)
the intersection gf aerial extent gf existing tree canopy
cover and the limits gfdisturbance; and
(E)
any additional information specified
f2J!.
regulation; and
III
fl.
table summarizing the squarefootage
ffi
(Jl1
the property;
the limits gfdisturbance gfthe proposed activity;
the aerial extent gfexisting tree canopy cover;
the limits gftree canopy disturbance; and
any additional information specified
f2J!.
regulation.
The Director gf
(C)
(D)
(E)
(d)
Modification to limits gf tree canopy disturbance.
gftree canopy disturbance
it
230
231
232
233
234
235
236
237
238
Permitting Services may approve
fl.
modification to an approved limits
ill
the modification is consistent with this Chapter, field inspections
or other evaluations reveal minor inadequacies gf the plan. and
modifYing the plan to remedy the inadequacies will not increase
the amount gf tree canopy removed as shown on the final
approved plan; or
III
the action is otherwise required in an emergency.
li!l
Qualification gfpreparer.
!f
fl.
tree canopy cover layer developed
f2J!.
the
239
240
241
242
County is available and is used without alteration.
fl.
professional
engineer, land surveyor, architect, or other person qualified to prepare
erosion and sediment control plans under Chapter
19
is also qualified
to prepare the limits gftree canopy disturbance information under this
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No. 35-12
243
244
Section. Otherwise, the limits
[![
tree canopy disturbance intormation
must be prepared
fu:.
f!.
qualified professional as defined in Section
245
246
08.19.06.01
[![
the Code
[![
Maryland Regulations or any successor
regulation.
247
248
249
250
251
252
253
55-8.
Tree Canopy
=
Submission to the Planning Director.
(gl
General. The limits
[![
tree canoey disturbance intormation submitted
to the Planning Director must document the extent
[![
existing tree
canopy and the total area
[![
tree canoey to be disturbed
fu:.
the
proposed activity. The Planning Director may use the intormation to
identitY the most suitable and practical areas for tree conservation and
mitigation.
@
254
255
256
257
258
Limits
[![
tree canopy disturbance. A person that is subject to this
Section must submit the same limits
[![
tree canopy disturbance
intormation as required under Section
55-7.
@
Incorporation
[![
the limits
[![
tree canopy. the natural resources
inventory/torest stand delineation, andforest conservation plan.
If
an
259
260
261
262
263
264
265
applicant is required to submit
f!.
natural resources inventory/torest
stand delineation, the extent
[![
tree canopy must be incorporated into
that submission tor the same area included in the natural resources
inventory/fOrest stand delineation.
If
an applicant is required to submit
a .fOrest conservation plan, both the extent
[![
tree canopy and the limits
[![
tree canopy disturbance must be incorporated into that submission
fOr the same area included in the/Orest conservation plan.
@
266
267
268
269
Modification to limits
[![
tree canopy disturbance.
The Planning
Director may approve
f!.
modification to an approved limits
[![
tree
canopy disturbance that is consistent with this Chapter
ill
/ield inspection or other evaluation reveals minor inadequacies
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No. 35-12
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271
gfthe plan. and modifying the plan to remedy those inadequacies
will not increase the amount gftree canopy removed as shown on
the final approved plan; or
272
273
274
275
276
277
278
m
{§l
the action is required because gfan emergency.
Submission for special exception.
!f
fl.
special exception application
is
subject to this Chapter, the applicant must submit to the Planning Board
any information necessary to satisfy the requirements gf this Chapter
betore the Board gf Appeals considers the application .for the special
exception.
55-9.
Tree Canopy
279
280
=
Fee to Mitigate Disturbance.
The primary objective gf this Section is the retention gf
(gl
Objectives.
281
282
283
existing trees. Every reasonable effort should be made to minimize the
cutting or clearing gf trees and other wooqy plants during the
development gf
fl.
subdivision plan, grading and sediment control
activities, and implementation gfthe,forest conservation plan.
284
285
/J2l
Fees paid tor mitigation. Mitigation required to compensate,for the loss
286
287
288
289
290
291
292
293
294
295
296
!2.L.
or disturbance
!.f6.
tree canopy must take the .torm gffees set
lzJ!.
regulation under Method
~
which the applicant
J2ill!§..
to the Tree
Canopy Conservation Fund. Mitigation fees are based on the square
.footage gftree canopy disturbed and. therefore. increase as the amount
gf tree canopy disturbance increases.
To provide credit tor on-site
landscaping. mitigation fees must not be applied to the/irst J..percent gf
the area gf tree canopy disturbed. Canopy identified as part gf any
forest delineated in an approved natural resources inventory/torest
stand delineation and subject to a,forest conservation plan is not subject
to mitigation fees under this Chapter.
Article
3.
Enforcement and Appeals.
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298
299
55-10. Inspections and notification.
(gl
Permission to gain access. The Director
gf
Permitting Services or the
Planning Director may enter any property subject to this Chapter to
inspect, review, and enforce.
300
301
[Ql
Plan to be on site; field markings. A
fQJ2J!.
gf
the approved limits
gf
302
303
304
305
306
307
308
309
310
tree canopy disturbance must be available on the site for inspection
fu!.
the Director
gf
Permitting Services or the Planning Director.
Field markings must exist on site before and during installation
gf
all
tree protection measures, sediment and erosion control measures,
construction. or other land disturbing activities.
{£l
Inspections.
ill
The Director
gf
Permitting Services must conduct field
inspections concurrently with inspections required for
f!
sediment control permit under Article
I
gf
Chapter
19
for any
activity subject to Section 55-7.
311
312
313
m
m
The Planning Director must conduct field inspections
concurrently with inspections requiredfOr afOrest conservation
planfor any activity subject to Section 55-8.
The Director
gf
Permitting Services or the Planning Director
may authorize additional inspections or meetings as necessary
to administer this Chapter.
314
315
316
317
318
319
@l
Timing
gf
inspections. The inspections required under this Section
must occur:
320
321
322
323
ill
after the limits
gf
disturbance have been staked andflagged. but
befOre any clearing or grading begins;
m
after necessary stress reduction measures .fOr trees and roots
have been completed and the protection measures have been
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No. 35-12
324
325
326
327
installed, but before any clearing or grading begins .. and
ill
&l
after all construction activities are completed. to determine the
level
gf
compliance with the limits
gf
tree canopy disturbance.
Scheduling requirements. A person must request an inspection
l2L.
328
329
330
331
332
333
334
ill
the Director
gf
Permitting Services within the time required to
schedule an inspection under Section
19-12;
or
m
ffl
the Planning Director within the time required to schedule an
inspection under Section 22A-15.
Coordination. The Department
gf
Permitting Services and the
Planning Department must coordinate their inspections to avoid
inconsistent activities relating to the limits
gf
tree canopy disturbance.
335
336
337
338
339
55-11.
Penalties and enforcement.
[gl
Enforcement authority. The Department
gf
Permitting Services has
enforcement authority for any activity approved under Section 55-7
and the Planning Board has enforcement authority for any activity
approved under Section 55-8.
340
341
342
343
344
345
346
@
Enforcement action.
The Director
gf
Permitting Services or the
Planning Director may issue
fI
notice
gf
violation. corrective order,
stop-work order. or civil citation to any person that causes or allows
fI
violation
gf
this Chapter.
f2l
Civil penalty. The maximum civil penalty for any violation
gf
this
Chapter or any regulation adopted under this Chapter is $1,000.
Each day that
fI
violation continues is
fI
separate offense.
347
348
349
@
Other remedy. In addition to any other penalty under this Section, the
Planning Board may seek any appropriate relief authorized under
Section 22A -16.
350
55-12.
Administrative enfOrcement
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No. 35-12
351
(gl
Administrative order. In addition to any other remedy allowed
f2J!.
law, the Planning Director may at any time, including during the
pendency
gf
an enforcement action under Section
55-11,
issue an
administrative order requiring the violator to take one or more
gf
the
following actions within the time specified
f2J!.
the Planning Director:
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
ill
stop the violation;
stabilize the site to comply with aforest conservation plan;
stop all work at the site;
restore or refOrest unlawfully cleared areas;
submit
f!
limits
gf
tree canopy disturbance.. fOrest conservation
plan, or tree save plan.fOr the net tract area;
m
ill
ill
ill
{Ql
place fOrested land refOrested land, or land with individual
significant trees under long-term protection
f2J!.
f!
conservation
easement, deed restriction, covenant, or other appropriate legal
ins trument; or
ill
@
submit
f!
written report or plan concerning the violation.
Effectiveness
gf
order. An order issued under this Section is effective
when it is
on the violator.
- - - -
served
---..;;...;==...:..
Article
4.
Administration
55-13.
General.
(gl
370
371
Regulations. The County Executive must adopt regulations, including
technical manuals, to administer this Chapter, under Method
2.
The
regulations must include procedures to amend
f!
limits
gf
tree canopy
disturbance.
372
373
374
375
376
377
@
Technical manual. The technical manual must include guidance and
methodologies fOr:
ill
preparing and evaluating maps gf the aerial extent gf the tree
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No. 35-12
378
379
380
381
382
383
384
385
386
387
388
canopy and the limits Q[tree canopy disturbance;
m
m
ill
ffl
providing protective measures during and after clearing or
construction, including root pruning techniques and guidance
on removing trees that are or may become hazardous;
monitoring and enforcing the limits Q[ disturbance and the
limits Q[tree canopy disturbance; and
other
appropriate
guidance for
program
requirements
consistent with this Chapter and applicable regulations.
Administrative fee. The Planning Board and the County Executive
may each,
fu!.
Method
1.
regulation, establish
f!.
schedule Q[fees to
administer this Chapter.
@
389
390
391
392
393
394
Reports. On or before March
1
Q[ each year, the Department Q[
Permitting Services, the Planning Board, and the Department Q[
Environmental Protection each must submit an annual report on the
County tree conservation program to the County Council and County
Executive.
{§l
Comprehensive plan .for mitigation. The Department Q[Environmental
Protection must develop and maintain
f!.
comprehensive County-wide
plan to mitigate disturbance to tree canopy. The Department Q[
Environmental Protection should develop the plan in consultation
with the Planning Department, the Department Q[ Transportation, the
Department Q[ General Services, the Department Q[ Economic
Development, the Soil Conservation District, and other agencies as
appropriate.
395
396
397
398
399
400
401
402
403
404
fJl
Sediment control permit application. To prevent circumvention Q[this
Chapter, the Planning Director and the Director Q[ Permitting
Services may require f!.person to submit an application .for
f!.
sediment
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405
406
407
408
409
410
411
control permit enforceable under this Chapter
if
that person:
ill
limits the removal gf tree canopy or limits land disturbing or
construction activities to below requirements for g sediment
control permit; and
m
later disturbs additional tree canopy or land on the same
property, or
fu!.
any other means. such that in total, g sediment
control permit would be required.
412
413
414
415
55-14.
Tree Canopy Conservation Fund.
{gl
General. There is g County Tree Canopy Conservation Fund. The
Fund must be used in accordance with the adopted County budget and
as provided in this Section.
416
417
418
419
420
421
422
423
424
425
426
@
Mitigation fees paid into the Tree Canopy Conservation Fund. Money
deposited in the Tree Canopy Conservation Fund to fulfill mitigation
requirements must be spent on establishing and enhancing tree
canopy. including costs directly related to site identification,
acquisition, preparation. and other activities that increase tree
canopy, and must not revert to the General Fund. The Fund may also
be spent on permanent conservation gf priority forests, including
identification and acquisition gf g site within the same subwatershed
where the disturbance occurs.
f2l
Fines paid into the Tree Canopy Conservation Fund.
Any fines
collected for noncompliance with
f!
limits gf tree canopy disturbance
orforest conservation plan related to tree canopy disturbance must be
deposited in
f!
separate account in the Tree Canopy Conservation
Fund. The Fund may be used to administer this Chapter.
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Use gfthe Tree Canopy Conservation Fund
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Anyfees collectedfor mitigation must be used to:
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fAl.
establish tree canopy;
enhance existing tree canopy through non-native invasive
and
native
invasive
species
management
control,
f11l
supplemental planting, or
fI
combination
Q[
both;
(Q
establishforest; and
acquire protective easements for existing forests or areas
with existing tree canopy that are not currently protected,
including forest mitigation banks approved under Section
22A-13.
CD)
m
The canopy established under paragraph
(J
)CA)
should shade
impervious surtaces, manage stormwater runot£ and generally
increase tree canopy coverage. Trees native to the Piedmont area
Q[
the County should be used, ifteasible, to meet the mitigation
requirements
Q[
this Chapter.
ill
The establishment
Q[
tree canopy to satisfy the mitigation
requirements
Q[
fIproject must occur in the subwatershed where
the project is located. Otherwise the tree canopy may be
established anywhere in the County"]
Article 1. Purpose and General Provisions.
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55-1. Short title.
This Chapter may be cited as the Montgomerv County Tree Canopy Law.
55-2. Findings and purpose.
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Findings.
The County Council finds that it is in the public interest to
offset the environmental impacts of development and address the loss
of environmental resources, including trees and potential growing
space for shade trees, and conserve tree canopy throughout the
County. Trees and tree canopy constitute important environmental
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resources. Trees cleanse the air. offset the heat island effects of urban
development. reduce energy needs. and provide oxygen.
They
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improve the quality of life
in
communities by providing for a greater
sense of well-being and increasing esthetic appeal and compatibility
between different land uses. Trees filter groundwater. reduce surface
runoff and soil erosion. help alleviate flooding. and supply necessary
habitat for a diversity of 'Wildlife. The Council finds that the damage
to or IQss
of~nvironmental
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resources as a resultof development and
other land disturbing activities is a serious problem in the County. and
that establishing shade trees. and tree canopy helps mitigate these
losses and increase the diversity of species and age classes of trees.
The Council finds that, given the expected survival rate of newly
planted shade trees, at
lea~t
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3 new shade trees should be planted to
produce the canopy coverage of one mature shade tree.
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au
Purpose.
The purposes of this Chapter are to:
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S3:"e, mairlJain, and establish tree canopy for the benefit of
County residents and future generations; and
provide for mitigation when environmental resources, including
trees and potential growing space for
shad~
trees. are lost or
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disturbed as a result of development, by establishing:
CA)
(l;!L
shade tree planting requirements and stan¢lards; and
a program to plant shade trees. including planting
individual trees or groups o(trees. on private and public
property.
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55-3.
Definitions.
In this Chapter. the following terms have the meanings indicated:
Department
means the Department of Permitting Services.
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Director
means the Director of the Department of Permitting Services or the
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Limits of disturbance
means a clearly designated area where land
disturbance is expected to occur.
Person
means:
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to the extent allowed by law, any agency or instrument of the federal
government, the state, any county. municipality, or other political
subdivision of the state, or a unit of any of them:
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!.£)
an individual. receiver, trustee, guardian, executor, administrator,
fiduciary, or representative of any kind:
any partnership, firm, common ownership community or other
homeowners' association, public or private corporation. or a affiliate
or subsidiary of any of them: or
(gJ
Public utility
means any water company. sewage disposal company. electric·
company. gas company, telephone company, or cable service provider.
Sediment control permit
means a permit required to be obtained for certain
land disturbing activities under Chapter 19.
Shade tree
means a tree of large stature that is capable of growing to heights
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Site
means any tract. lot. or parcel of land. or combination of tracts. lots. or
parcels of land, under a single ownership. or contiguous and under diverse
ownership.
Subwatershed
means the total drainage area contributing runoff to a single
point. and generally refers to the 8-digit hydrologic unit codes.
Technical Manual
means a detailed guidance document that may be adopted
under Section 55-9 and used to administer this Chapter.
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Tree canopY
means the area covered by the crown of one or more trees.
Tree Canopy Conservation Account
means a special account maintained by
the County to be used as specified in Section 55-10.
55-4. Applicability.
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Except as otherwise provided in
Secti()l"'lmm~5-5,
this Chapter applies to any
person required by law to obtain a sediment control permit.
55-5. Exemptions.
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This Chapter does not apply to:
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any activity that is subject to Article II of Chapter 22A;
any commercial logging or timber harvesting operation with an
approved exemptionfrQID Article II of Chapter 22A;
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(£)
any tree nursery activity performed with an approved Soil Conservation
and Water Quality Plan as defined in Section 19-48;
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cutting or clearing trees in a public utility right-of-way for the
construction or modification of electric generation fac