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Bill No.
26-17
Concerning: Forest
Conservation
Amendments
Revised: 10/26/2017
Draft No.
~
Introduced:
July 25, 2017
Enacted:
November 14,2017
Executive: _ _ _ _ _ _ _ _ __
Effective:
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None
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--
Sunset Date:
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ChI _ _ , Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Council President at the request of the Planning Board
AN
ACT to:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)]]
require certain administrative and minor subdivisions to comply with the Forest
Conservation Law;
subject certain conditional uses to the Forest Conservation Law;
require park development plans to comply with the Forest Conservation Law;
exempt certain modifications to existing residential development property under
certain circumstances;
require certain projects requiring sketch plan approval to submit a forest stand
delineation;
modify the process for submitting a forest stand delineation;
alter the maintenance period for forest conservation plans for certain areas; and
[[remove the requirement that tree variances.be referred to the County Arborist for
recommendation; and
generally amend laws related to forest conservation.
By amending
Montgomery County Code, Forest Conservation
Chapter 22A,
Sections 22A-3, 22A-4, 22A-5, 22A-9, 22A-ll, 22A-12, 22A-21, 22A-30, and 22A-31
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[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 bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL No. 26-17
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Sec. 1. Sections 22A-3, 22A-4, 22A-5, 22A-9, 22A-ll, 22A-12, 22A-21,
22A-30, and 22A-31 are amended as follows:
22A-3. Definitions.
In
this Chapter, the following terms have the meanings indicated:
Administrative subdivision
means
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plan for
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proposed subdivision or
resubdivision prepared and submitted for approval
by
the Planning Director
under Division 50.6 of Chapter 50 before preparation of
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subdivision plat.
*
Chapter 59.
*
*
Conditional use
means
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use approved under [[Chapter]] Section 59-7.3.1 of
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*
*
*
Development plan
means a plan or an amendment to a development plan
approved under Section 7.7.1.B of Chapter 59 or a floating zone plan approved
under Section 7.2.1 of Chapter 59 or referred to in [[Division]] Section 7.7.l.B
of Chapter 59.
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*
*
Lot
means for the purpose ofthis Chapter a tract ofland, the boundaries of which
have been established as a result of deed or previous subdivision or a larger
parcel, and which will not be the subject of further subdivision, as defined under
[Section 50-1] Chapter 50, without an approved forest stand delineation and
forest conservation plan.
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Minor subdivision
means
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plan for
proposed subdivision or resubdivision
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prepared and submitted for approval
by
the Planning Director under [[Chapter]]
Division 50.7 of Chapter 59.
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*
*
Municipal corporation
means a municipality without planning and zoning
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authority or which has assigned its responsibilities under
[[§.1]
Section
5-1603(a) of the Natural Resources Article of the Maryland Code [Subtitle 16
of the Natural Resources Article of the Maryland Code] to the County.
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*
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[Nontidal wetland
means an area regulated as a nontidal wetland under Title
8, Subtitle 12, of the Natural Resources Article of the Maryland Code.]
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*
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Park development plan
means an application submitted
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the Montgomery
County Parks Department for the construction and development of
f!
specific
park.
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Planned unit development
means a development comprised of a combination
of land uses or varying intensities of the same land use, having at least 20%
of the land permanently dedicated to green area, and under an integrated plan
that provides flexibility in land use design approved by the Planning Board
under Section 7.2.1 of Chapter 59 or referred to in [[Division]] Section 7.7.1.B
of Chapter 59.
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*
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Preliminary plan of subdivision
means a plan for a proposed subdivision or
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resubdivision prepared and submitted for approval by the Planning Board
under [[Chapter]] Division 50.4 of Chapter 50 before preparation of a
subdivision plan.
*
*
*
Project plan
means a plan or an amendment to a project plan [[approved
under]] referred to in Section 7.7.1B of Chapter 59 or a sketch plan approved
under Section 7.3.3 of Chapter 59.
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*
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Public utility
means any:
(1)
[the] transmission [lines and the] line or electric generating
[stations licensed under Article 78, Section 54A and 54B or 54-1
of the Maryland Code; and] station; or
(2)
water, sewer, electric, gas, telephone, and cable service [facilities
and lines] line.
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*
*
*
Site plan
means a plan or an amendment to a site plan approved under Section
7.3.4 of Chapter 59 or referred to in Division 7.7.1.B of Chapter 59.
*
Sketch plan
means
Chapter 59.7.3.3.
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plan or amendment to
sketch plan approved under
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*
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Special exception
means a use approved as a conditional use under Section 7.3.1
or Section 7.7.1.B of Chapter 59 or referred to in Division 7.7.l.B of Chapter
59.
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Subdivision
has the same meaning as stated in Chapter 50.
Watershed
means [all lands lying with an area described as a watershed in the
Countywide Stream Protection Strategy] any area delineated as
watershed
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in the Montgomery County Municipal Separate Storm Sewer System (MS4)
Permit Implementation Program, or any smaller area within the watershed that
is delineated by the State of Maryland as
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12-Digit watershed.
Wetland
means an area that is inundated or saturated by surface water or
groundwater at
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frequency and duration sufficient to support, and under normal
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circumstances does support,
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prevalence of vegetation typically adapted for life
in saturated soil conditions, commonly known as hydrophytic vegetation.
22A-4. Applicability
Except as otherwise expressly provided in this Chapter, this Chapter applies to:
(a)
a person required by law to obtain an approval or amendment to a
development plan, diagrammatic plan, project plan, floating zone plan,
sketch plan, preliminary plan of subdivision, administrative subdivision,
minor subdivision, or site plan;
(b)
a person required by law to obtain approval of
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special exception or
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conditional use, [approval] or a sediment control permit on a tract of
land 40,000 square feet or larger, and who is not otherwise required to
obtain an approval under subsection (a);
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*
(d)
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a government entity subject to a mandatory referral or
park
development plan on a tract ofland 40,000 square feet or larger which is
not exempt under subsection 22A-5(:t);
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22A-5. Exemptions.
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The requirements of Article II do not apply to:
*
(b)
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an agricultural activity that is exempt from both platting requirements
under Section [50-9] 50-3 and requirements to obtain a sediment control
permit under Section [19-2(c)(2)] 19-2(b)(2).
Agricultural support
buildings and related activities are exempt only if built using best
management practices;
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(i)
*
*
noncoal surface mining regulated under [Title 7 of the Natural
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Resources Article of the Maryland Code] Subtitle
Environment Article of the Maryland Code.
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of Title
12
of the
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(n)
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*
any mmor subdivision under [Section 50-35A(a)(2)-(3) involving
conversion of an existing recorded outlot created because of inadequate
or unavailable sewerage or water service to a lot or joining two or more
existing residential lots into one lot,] Division 50.7 of Chapter 50 if:
(1)
the only development located on the resulting lot is a single family
dwelling unit or an accessory structure (such as a pool, tennis
court, or shed); and
(2)
the development does not result in the cutting, clearing, or grading
of:
(A)
(B)
(C)
more than a total of20,000 square feet of forest,
any forest in a stream buffer,
any forest on a property located in a special protection area
which must submit a water quality plan,
(D)
(E)
any specimen or champion tree, or
any tree or forest that is subject to the requirements of a
previously approved forest conservation plan or tree save
plan; or
ill
there is no proposed land disturbance and
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declaration of intent is
filed with the Planning Director stating that the lot will not be the
subject of additional regulated activities under this Chapter within
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years
of the approval of the minor subdivision.
(0)
The cutting or clearing of public utility rights-of-way or land for electric
generating stations licensed under [Section 54A and 54B or Section 541
of Article 78] Sections 7-205 and 7-207 or 7-208 of the Public Utility
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Companies Article of the Maryland Code, if:
(1 )
any required certificates of public convenience and necessity
have been issued in accordance with Section [5-1604(0]
5-1603(f) of the Natural Resources Article of the Maryland
Code; and
(2)
the cutting or clearing of the forest is conducted so as to minimize
the loss of forest.
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(q)
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(2)
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a special exception.,. or conditional use, application if:
the application modifies an existing special exception use which
was approved before July 1, 1991, and the revision will not result
in the clearing of more than a total of [[5000]] 5,000 additional
square feet of forest or any specimen or champion tree; or
(3)
the total disturbance area for the proposed special exception use.,.
or conditional use, will not exceed 10,000 square feet, and
clearing will not exceed a total of [[5000]] 5,000 square feet of
forest or include any specimen or champion tree;
*
(t)
a modification to an existing.;.
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non-residential developed property if:
[(1)] (A) no more than 5,000 square feet of forest is ever cleared
at one time or cumulatively after an exemption is issued;
[(2)]
ill.}
the modification does not result in the cutting, clearing,
or grading of any forest in a stream buffer or located on
property in a special protection area which must submit a
water quality plan;
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[(3)]
(Q
the modification does not reqUIre approval of a
preliminary [plan of] or administrative subdivision plan;
and
[(4)]
ill}
the modification does not increase the developed area
by more than 50% and the existing development is
maintained; or
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residential developed property if:
forest is not impacted or cleared;
the modification is
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located in
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stream buffer or located
not
a
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on property in
£!:
special protection area which must submit
£!:
water quality plan;
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(Q
the modification does not reqUIre approval of a
preliminary or administrative subdivision plan;
ill}
the modification does not increase the developed area
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more than 50%; and
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iID
the existing structure is not
modified[L]]~
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22A-9. County Highway Projects.
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(a)
General.
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(2)
The construction should minimize forest [cutting or clearing]
removal, land disturbance, and loss of specimen or champion
trees to the extent possible while balancing other design,
construction, and environmental standards. The constructing
agency must make a reasonable effort to minimize land
disturbance to avoid the cutting or clearing of trees and other
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woody plants.
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(a)
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22A-ll. Application, review, and approval procedures
General.
(1)
Coordinated with project review.
The forest stand delineation
and forest conservation plan must be submitted and reviewed in
conjunction with the review process for a development plan,
floating zone plan, project plan, sketch plan, [preliminary plan
of] subdivision plan, site plan, special exception, conditional use,
mandatory referral, park development plan, or sediment control
permit under this Section. The Planning Director must coordinate
review of the forest conservation plan with the Director of
Environmental Protection, the Director of Permitting Services,
the Washington Suburban Sanitary Commission, other relevant
regulatory agencies, and entities that will provide public utilities
to the tract, to promote consistency between the objectives of this
Chapter and other development requirements. To the extent
practicable, entities providing public utilities should design
facilities that will serve a tract in a manner that avoids identified
conservation areas and minimizes tree loss.
*
(b)
*
*
Project requiring development plan, floating zone plan, project plan,
sketch plan, preliminary plan ofsubdivision, or site plan approval.
(1)
Forest stand delineation.
The applicant must submit to the
Planning Director a forest stand delineation with the application
for a development plan, floating zone plan, project plan, sketch
plan, preliminary plan of subdivision, or site plan, whichever
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comes first. Within 30 days of receipt, the Planning Director
must notify the applicant whether the forest stand delineation is
complete and correct. If the Planning Director fails to notify the
applicant within 30 days, the delineation will be treated as
complete and correct. The Planning Director may require further
information or provide for one extension of this deadline for an
additional 15 days for extenuating circumstances. The applicant
must submit revised drawings to address comments within 90
days from the date the Planning Director sends comments to the
applicant. If the applicant fails to submit revised drawings, the
application is deemed withdrawn. The Planning Director may
provide for one extension of this deadline for extenuating
circumstances.
(2)
Forest Conservation Plan.
(A)
Application.
After being notified that the forest stand
delineation is complete and correct, the applicant must
submit a forest conservation plan to the Planning Director.
If the development proposal will require more than one of
the approvals subject to this subsection, the applicant must
submit a preliminary forest conservation plan to the
Planning Director in conjunction with the first approval
and a final forest conservation plan in conjunction with the
last approval.
If only one approval subject to this
subsection is required, an applicant must submit a
preliminary forest conservation and a final forest
conservation plan at the time of the development
application [and a final forest conservation plan before a
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sediment control permit is issued for the tract, but no later
than a record plat is submitted].
*
(c)
(1)
*
*
Project requiring special exception or conditional use approval.
Forest stand delineation.
If a special exception or conditional use
proposal is subject to the requirements of this Chapter, the
applicant must submit a forest stand delineation to the Planning
Director before the Board of Appeals may consider the
application for the special exception.
The deadlines for
reviewing a forest stand delineation are the same as in paragraph
(b)( 1) of this Section.
(2)
Forest conservation plan.
Upon notification that the forest stand
delineation is complete and correct, the applicant must submit a
preliminary forest conservation plan to the Planning Director. The
Board of Appeals must consider the preliminary forest
conservation plan when approving the special exception or
conditional use application and must not approve a special
exception or conditional use application that [is in conflict]
conflicts with the preliminary forest conservation plan. A final
forest conservation plan must be submitted before obtaining a
sediment control permit, or at the time of preliminary plan of
subdivision or site plan application, if required. The deadlines for
reviewing a final forest conservation plan are the same as
paragraph (d)(2) of this Section
ill
*
(e)
*
*
Project requiring mandatory referral or [[Park Development Plan]] park
development plan.
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(1)
Forest stand delineation.
A person seeking mandatory referral or
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park development plan for a project that is subject to the
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requirements of this Chapter must first submit a forest stand
delineation to the Planning Director for review. The deadlines for
reviewing a forest stand delineation are the same as in paragraph
(b)(I) of this Section.
(2)
Forest conservation plan.
Upon notification that the forest stand
delineation is complete and correct, the applicant must submit to
the Planning Director a preliminary forest conservation plan. The
Planning Board must consider the preliminary forest conservation
plan when reviewing the mandatory referral application or the park
development plan. The deadlines for reviewing the final forest
conservation plan are the same as in paragraph (d)(2) of this
Section.
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*
*
*
ill
Project requiring sketch plan approval.
ill
Forest stand delineation.
[[The]]
For any sketch plan application
filed on or after November 14. 2017. the applicant must submit
to the Planning Director, for approval,
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forest stand delineation
reviewed concurrently with the sketch plan application. The
deadlines for reviewing
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forest stand delineation are the same as
in paragraph (b)( 1) of this Section. The forest stand delineation
must be approved prior to Planning Board approval of the sketch
plan.
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ill
Forest conservation plan.
Upon notification that the forest stand
delineation is complete and correct, the applicant must submit
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preliminary forest conservation plan to the Planning Director with
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the first development application after approval of the sketch plan.
The deadlines for reviewing
f!
preliminary and final forest
conservation plan are the same as in paragraph (b)(2)(B) and
(b)(2)(C) of this Section.
*
(g}
*
*
Project requiring administrative subdivision approval.
ill
Forest stand delineation.
The applicant must submit to the
Planning Director
f!
forest stand delineation before the
administrative subdivision application. The deadlines for
reviewing
f!
forest stand delineation are the same as in
paragraph (b)(1) of this Section.
ill
Forest conservation plan.
Upon notification that the forest
stand delineation is complete and correct, the applicant must
submit
f!
preliminf!ry forest conservation plan to the
Planning Director. The Planning Director must consider the
preliminf!ry forest conservation plan when approving the
administrative subdivision application and must not
approve an administrative subdivision application that
conflicts with the preliminary forest conservation plan. A
[mal forest conservation plan must be submitted and
approved before obtaining
f!
sediment control permit, or
record plat, whichever comes first. The deadlines for
reviewing
f!
[mal forest conservation plan are the same as in
paragraph (d)(2) of this Section. If the Director defers the
approval of an administrative subdivision to the Planning
Board, the Planning Board must review and act on the
preliminf!ry forest conservation plan with the administrative
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subdivision plan. The deadlines for reviewing
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final forest
conservation are the same as in paragraph (b)(2)(C) of this
Section.
22A-12. Retention, afforestation, and reforestation requirements.
*
(e)
*
*
*
Standards for reforestation and afforestation.
*
(3)
*
Priority areas and plantings.
Afforestation and reforestation
should be directed to stream buffer areas, connections between
and additions to forested areas,
critical habitat areas,
topographically unstable areas, and land use and road buffers.
The use of native plant materials is preferred. [Unless the
Planning Board or Planning Director order otherwise, the
required use of natural regeneration under this Chapter
supercedes any prohibition under Chapter 58.]
*
(f)
*
*
reforestation
and
Special provisions for
afforestation.
minimum retention,
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*
(2)
*
*
Forest retention
Retention, reforestation and afforestation.
should be maximized where possible on each site listed in this
subsection. At a minimum, on-site forest retention, and in some
cases reforestation and afforestation, must be required as
follows:
(A)
In
an agricultural and resource area, on-site forest
retention must equal 25% of the net tract area.
(B)
In
a planned development or a site development using a
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cluster or other optional method of development in a one-
family residential zone, on-site forest retention must equal
the applicable conservation threshold in subsection (a).
This requirement also applies to any site seeking a waiver
or variance from base zone standards under [Section
59-C-1.393(b), 59-C-1.395, 59-C-1.532, 59-C-1.621, or
59-C-7.131,] Sections 59.4.4.5.D, 59.4.4.6.D, 59-4.4.7.C,
59-4.4.8.C, 59-4.4.8.C, 59-4.4.9.C, 59-4.4.10.C, 59-8.3.2,
59-4.9.16.B, and 59-5.2 if as a condition of the waiver or
variance the Planning Board or County Council must find
that the resulting development is environmentally more
desirable.
*
(h)
*
*
Agreements
(1 )
Maintenance agreement.
A forest conservation plan must include
a [[two-year]] 2-year binding agreement for maintenance of
conservation areas, including the watering (as practical), feeding
and replanting of areas to be afforested or reforested outside of
Special Protection Areas, and [[five-years]] 5 years for plantings
inside of Special Protection Areas. The [2-year period] binding
agreement for maintenance starts upon satisfactory
[final]
inspection of the [conservation measures] plantings required under
the forest conservation plan. A staged project may have more than
one agreement.
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22A-21. Variance.
*
*
*
*
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(c)
Referral to other agencies [[fOr non 22A-12(b)(3) variance requests]].
Before [[ considering a variance,]] the Planning Board considers a
variance [[not related to 22A-12(b)(3)11:! the Planning Director must send
a copy of each request to the County Arborist[, Planning Director,] and
any other appropriate agency for a written recommendation [[before
[[ acting]] the Board, or Planning Director, as appropriate, acts on the
request. If a recommendation on the variance is not submitted to the
Planning Board:! or Planning Director, as appropriate, within30 days after
the referral, the recommendation must be presumed to be
favorable]].
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22A-30. County Arborist
*
*
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(c)
(4)
[[except for requests under 22A-12(b)(3),]] reVIew vanance
requests and reports under Article II;
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22A-31. Forest Conservation Advisory Committee
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(c)
The Executive must designate a staffmember from each of the following
departments to serve as an ex officio member:
*
(2)
*
*
The Executive must designate a staff member from each of the
following departments to serve as an ex officio member:
(A)
[Economic Development] Agricultural Services;
*
*
*
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No. 26-17
Approved:
Isiah Leggett, County Executive
Date
This is a correct copy o/Council action.
Linda M. Lauer, Clerk of the Council
Date
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Bill No.
26-17
Concerning: Forest
Conservation
Amendments
Revised: 10/26/2017
Draft No.
~
Introduced:
July 25, 2017
Enacted:
November 14,2017
Executive: _ _ _ _ _ _ _ _ __
Effective:
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None
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Sunset Date:
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ChI _ _ , Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Council President at the request of the Planning Board
AN
ACT to:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)]]
require certain administrative and minor subdivisions to comply with the Forest
Conservation Law;
subject certain conditional uses to the Forest Conservation Law;
require park development plans to comply with the Forest Conservation Law;
exempt certain modifications to existing residential development property under
certain circumstances;
require certain projects requiring sketch plan approval to submit a forest stand
delineation;
modify the process for submitting a forest stand delineation;
alter the maintenance period for forest conservation plans for certain areas; and
[[remove the requirement that tree variances.be referred to the County Arborist for
recommendation; and
generally amend laws related to forest conservation.
By amending
Montgomery County Code, Forest Conservation
Chapter 22A,
Sections 22A-3, 22A-4, 22A-5, 22A-9, 22A-ll, 22A-12, 22A-21, 22A-30, and 22A-31
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[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 bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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Sec. 1. Sections 22A-3, 22A-4, 22A-5, 22A-9, 22A-ll, 22A-12, 22A-21,
22A-30, and 22A-31 are amended as follows:
22A-3. Definitions.
In
this Chapter, the following terms have the meanings indicated:
Administrative subdivision
means
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plan for
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proposed subdivision or
resubdivision prepared and submitted for approval
by
the Planning Director
under Division 50.6 of Chapter 50 before preparation of
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subdivision plat.
*
Chapter 59.
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*
Conditional use
means
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use approved under [[Chapter]] Section 59-7.3.1 of
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*
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Development plan
means a plan or an amendment to a development plan
approved under Section 7.7.1.B of Chapter 59 or a floating zone plan approved
under Section 7.2.1 of Chapter 59 or referred to in [[Division]] Section 7.7.l.B
of Chapter 59.
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*
*
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Lot
means for the purpose ofthis Chapter a tract ofland, the boundaries of which
have been established as a result of deed or previous subdivision or a larger
parcel, and which will not be the subject of further subdivision, as defined under
[Section 50-1] Chapter 50, without an approved forest stand delineation and
forest conservation plan.
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Minor subdivision
means
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plan for
proposed subdivision or resubdivision
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prepared and submitted for approval
by
the Planning Director under [[Chapter]]
Division 50.7 of Chapter 59.
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*
*
Municipal corporation
means a municipality without planning and zoning
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authority or which has assigned its responsibilities under
[[§.1]
Section
5-1603(a) of the Natural Resources Article of the Maryland Code [Subtitle 16
of the Natural Resources Article of the Maryland Code] to the County.
*
*
*
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[Nontidal wetland
means an area regulated as a nontidal wetland under Title
8, Subtitle 12, of the Natural Resources Article of the Maryland Code.]
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*
*
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Park development plan
means an application submitted
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the Montgomery
County Parks Department for the construction and development of
f!
specific
park.
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Planned unit development
means a development comprised of a combination
of land uses or varying intensities of the same land use, having at least 20%
of the land permanently dedicated to green area, and under an integrated plan
that provides flexibility in land use design approved by the Planning Board
under Section 7.2.1 of Chapter 59 or referred to in [[Division]] Section 7.7.1.B
of Chapter 59.
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*
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Preliminary plan of subdivision
means a plan for a proposed subdivision or
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resubdivision prepared and submitted for approval by the Planning Board
under [[Chapter]] Division 50.4 of Chapter 50 before preparation of a
subdivision plan.
*
*
*
Project plan
means a plan or an amendment to a project plan [[approved
under]] referred to in Section 7.7.1B of Chapter 59 or a sketch plan approved
under Section 7.3.3 of Chapter 59.
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*
*
*
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Public utility
means any:
(1)
[the] transmission [lines and the] line or electric generating
[stations licensed under Article 78, Section 54A and 54B or 54-1
of the Maryland Code; and] station; or
(2)
water, sewer, electric, gas, telephone, and cable service [facilities
and lines] line.
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*
*
*
Site plan
means a plan or an amendment to a site plan approved under Section
7.3.4 of Chapter 59 or referred to in Division 7.7.1.B of Chapter 59.
*
Sketch plan
means
Chapter 59.7.3.3.
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plan or amendment to
sketch plan approved under
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*
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Special exception
means a use approved as a conditional use under Section 7.3.1
or Section 7.7.1.B of Chapter 59 or referred to in Division 7.7.l.B of Chapter
59.
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Subdivision
has the same meaning as stated in Chapter 50.
Watershed
means [all lands lying with an area described as a watershed in the
Countywide Stream Protection Strategy] any area delineated as
watershed
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in the Montgomery County Municipal Separate Storm Sewer System (MS4)
Permit Implementation Program, or any smaller area within the watershed that
is delineated by the State of Maryland as
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12-Digit watershed.
Wetland
means an area that is inundated or saturated by surface water or
groundwater at
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frequency and duration sufficient to support, and under normal
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circumstances does support,
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prevalence of vegetation typically adapted for life
in saturated soil conditions, commonly known as hydrophytic vegetation.
22A-4. Applicability
Except as otherwise expressly provided in this Chapter, this Chapter applies to:
(a)
a person required by law to obtain an approval or amendment to a
development plan, diagrammatic plan, project plan, floating zone plan,
sketch plan, preliminary plan of subdivision, administrative subdivision,
minor subdivision, or site plan;
(b)
a person required by law to obtain approval of
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special exception or
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conditional use, [approval] or a sediment control permit on a tract of
land 40,000 square feet or larger, and who is not otherwise required to
obtain an approval under subsection (a);
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*
(d)
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a government entity subject to a mandatory referral or
park
development plan on a tract ofland 40,000 square feet or larger which is
not exempt under subsection 22A-5(:t);
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22A-5. Exemptions.
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The requirements of Article II do not apply to:
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(b)
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an agricultural activity that is exempt from both platting requirements
under Section [50-9] 50-3 and requirements to obtain a sediment control
permit under Section [19-2(c)(2)] 19-2(b)(2).
Agricultural support
buildings and related activities are exempt only if built using best
management practices;
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(i)
*
*
noncoal surface mining regulated under [Title 7 of the Natural
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Resources Article of the Maryland Code] Subtitle
Environment Article of the Maryland Code.
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of Title
12
of the
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(n)
*
*
any mmor subdivision under [Section 50-35A(a)(2)-(3) involving
conversion of an existing recorded outlot created because of inadequate
or unavailable sewerage or water service to a lot or joining two or more
existing residential lots into one lot,] Division 50.7 of Chapter 50 if:
(1)
the only development located on the resulting lot is a single family
dwelling unit or an accessory structure (such as a pool, tennis
court, or shed); and
(2)
the development does not result in the cutting, clearing, or grading
of:
(A)
(B)
(C)
more than a total of20,000 square feet of forest,
any forest in a stream buffer,
any forest on a property located in a special protection area
which must submit a water quality plan,
(D)
(E)
any specimen or champion tree, or
any tree or forest that is subject to the requirements of a
previously approved forest conservation plan or tree save
plan; or
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there is no proposed land disturbance and
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declaration of intent is
filed with the Planning Director stating that the lot will not be the
subject of additional regulated activities under this Chapter within
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years
of the approval of the minor subdivision.
(0)
The cutting or clearing of public utility rights-of-way or land for electric
generating stations licensed under [Section 54A and 54B or Section 541
of Article 78] Sections 7-205 and 7-207 or 7-208 of the Public Utility
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Companies Article of the Maryland Code, if:
(1 )
any required certificates of public convenience and necessity
have been issued in accordance with Section [5-1604(0]
5-1603(f) of the Natural Resources Article of the Maryland
Code; and
(2)
the cutting or clearing of the forest is conducted so as to minimize
the loss of forest.
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(q)
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(2)
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a special exception.,. or conditional use, application if:
the application modifies an existing special exception use which
was approved before July 1, 1991, and the revision will not result
in the clearing of more than a total of [[5000]] 5,000 additional
square feet of forest or any specimen or champion tree; or
(3)
the total disturbance area for the proposed special exception use.,.
or conditional use, will not exceed 10,000 square feet, and
clearing will not exceed a total of [[5000]] 5,000 square feet of
forest or include any specimen or champion tree;
*
(t)
a modification to an existing.;.
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non-residential developed property if:
[(1)] (A) no more than 5,000 square feet of forest is ever cleared
at one time or cumulatively after an exemption is issued;
[(2)]
ill.}
the modification does not result in the cutting, clearing,
or grading of any forest in a stream buffer or located on
property in a special protection area which must submit a
water quality plan;
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[(3)]
(Q
the modification does not reqUIre approval of a
preliminary [plan of] or administrative subdivision plan;
and
[(4)]
ill}
the modification does not increase the developed area
by more than 50% and the existing development is
maintained; or
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residential developed property if:
forest is not impacted or cleared;
the modification is
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located in
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stream buffer or located
not
a
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on property in
£!:
special protection area which must submit
£!:
water quality plan;
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(Q
the modification does not reqUIre approval of a
preliminary or administrative subdivision plan;
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the modification does not increase the developed area
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more than 50%; and
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iID
the existing structure is not
modified[L]]~
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22A-9. County Highway Projects.
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(a)
General.
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(2)
The construction should minimize forest [cutting or clearing]
removal, land disturbance, and loss of specimen or champion
trees to the extent possible while balancing other design,
construction, and environmental standards. The constructing
agency must make a reasonable effort to minimize land
disturbance to avoid the cutting or clearing of trees and other
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woody plants.
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(a)
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22A-ll. Application, review, and approval procedures
General.
(1)
Coordinated with project review.
The forest stand delineation
and forest conservation plan must be submitted and reviewed in
conjunction with the review process for a development plan,
floating zone plan, project plan, sketch plan, [preliminary plan
of] subdivision plan, site plan, special exception, conditional use,
mandatory referral, park development plan, or sediment control
permit under this Section. The Planning Director must coordinate
review of the forest conservation plan with the Director of
Environmental Protection, the Director of Permitting Services,
the Washington Suburban Sanitary Commission, other relevant
regulatory agencies, and entities that will provide public utilities
to the tract, to promote consistency between the objectives of this
Chapter and other development requirements. To the extent
practicable, entities providing public utilities should design
facilities that will serve a tract in a manner that avoids identified
conservation areas and minimizes tree loss.
*
(b)
*
*
Project requiring development plan, floating zone plan, project plan,
sketch plan, preliminary plan ofsubdivision, or site plan approval.
(1)
Forest stand delineation.
The applicant must submit to the
Planning Director a forest stand delineation with the application
for a development plan, floating zone plan, project plan, sketch
plan, preliminary plan of subdivision, or site plan, whichever
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comes first. Within 30 days of receipt, the Planning Director
must notify the applicant whether the forest stand delineation is
complete and correct. If the Planning Director fails to notify the
applicant within 30 days, the delineation will be treated as
complete and correct. The Planning Director may require further
information or provide for one extension of this deadline for an
additional 15 days for extenuating circumstances. The applicant
must submit revised drawings to address comments within 90
days from the date the Planning Director sends comments to the
applicant. If the applicant fails to submit revised drawings, the
application is deemed withdrawn. The Planning Director may
provide for one extension of this deadline for extenuating
circumstances.
(2)
Forest Conservation Plan.
(A)
Application.
After being notified that the forest stand
delineation is complete and correct, the applicant must
submit a forest conservation plan to the Planning Director.
If the development proposal will require more than one of
the approvals subject to this subsection, the applicant must
submit a preliminary forest conservation plan to the
Planning Director in conjunction with the first approval
and a final forest conservation plan in conjunction with the
last approval.
If only one approval subject to this
subsection is required, an applicant must submit a
preliminary forest conservation and a final forest
conservation plan at the time of the development
application [and a final forest conservation plan before a
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sediment control permit is issued for the tract, but no later
than a record plat is submitted].
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(c)
(1)
*
*
Project requiring special exception or conditional use approval.
Forest stand delineation.
If a special exception or conditional use
proposal is subject to the requirements of this Chapter, the
applicant must submit a forest stand delineation to the Planning
Director before the Board of Appeals may consider the
application for the special exception.
The deadlines for
reviewing a forest stand delineation are the same as in paragraph
(b)( 1) of this Section.
(2)
Forest conservation plan.
Upon notification that the forest stand
delineation is complete and correct, the applicant must submit a
preliminary forest conservation plan to the Planning Director. The
Board of Appeals must consider the preliminary forest
conservation plan when approving the special exception or
conditional use application and must not approve a special
exception or conditional use application that [is in conflict]
conflicts with the preliminary forest conservation plan. A final
forest conservation plan must be submitted before obtaining a
sediment control permit, or at the time of preliminary plan of
subdivision or site plan application, if required. The deadlines for
reviewing a final forest conservation plan are the same as
paragraph (d)(2) of this Section
ill
*
(e)
*
*
Project requiring mandatory referral or [[Park Development Plan]] park
development plan.
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(1)
Forest stand delineation.
A person seeking mandatory referral or
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park development plan for a project that is subject to the
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requirements of this Chapter must first submit a forest stand
delineation to the Planning Director for review. The deadlines for
reviewing a forest stand delineation are the same as in paragraph
(b)(I) of this Section.
(2)
Forest conservation plan.
Upon notification that the forest stand
delineation is complete and correct, the applicant must submit to
the Planning Director a preliminary forest conservation plan. The
Planning Board must consider the preliminary forest conservation
plan when reviewing the mandatory referral application or the park
development plan. The deadlines for reviewing the final forest
conservation plan are the same as in paragraph (d)(2) of this
Section.
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*
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ill
Project requiring sketch plan approval.
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Forest stand delineation.
[[The]]
For any sketch plan application
filed on or after November 14. 2017. the applicant must submit
to the Planning Director, for approval,
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forest stand delineation
reviewed concurrently with the sketch plan application. The
deadlines for reviewing
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forest stand delineation are the same as
in paragraph (b)( 1) of this Section. The forest stand delineation
must be approved prior to Planning Board approval of the sketch
plan.
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ill
Forest conservation plan.
Upon notification that the forest stand
delineation is complete and correct, the applicant must submit
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preliminary forest conservation plan to the Planning Director with
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the first development application after approval of the sketch plan.
The deadlines for reviewing
f!
preliminary and final forest
conservation plan are the same as in paragraph (b)(2)(B) and
(b)(2)(C) of this Section.
*
(g}
*
*
Project requiring administrative subdivision approval.
ill
Forest stand delineation.
The applicant must submit to the
Planning Director
f!
forest stand delineation before the
administrative subdivision application. The deadlines for
reviewing
f!
forest stand delineation are the same as in
paragraph (b)(1) of this Section.
ill
Forest conservation plan.
Upon notification that the forest
stand delineation is complete and correct, the applicant must
submit
f!
preliminf!ry forest conservation plan to the
Planning Director. The Planning Director must consider the
preliminf!ry forest conservation plan when approving the
administrative subdivision application and must not
approve an administrative subdivision application that
conflicts with the preliminary forest conservation plan. A
[mal forest conservation plan must be submitted and
approved before obtaining
f!
sediment control permit, or
record plat, whichever comes first. The deadlines for
reviewing
f!
[mal forest conservation plan are the same as in
paragraph (d)(2) of this Section. If the Director defers the
approval of an administrative subdivision to the Planning
Board, the Planning Board must review and act on the
preliminf!ry forest conservation plan with the administrative
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subdivision plan. The deadlines for reviewing
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final forest
conservation are the same as in paragraph (b)(2)(C) of this
Section.
22A-12. Retention, afforestation, and reforestation requirements.
*
(e)
*
*
*
Standards for reforestation and afforestation.
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(3)
*
Priority areas and plantings.
Afforestation and reforestation
should be directed to stream buffer areas, connections between
and additions to forested areas,
critical habitat areas,
topographically unstable areas, and land use and road buffers.
The use of native plant materials is preferred. [Unless the
Planning Board or Planning Director order otherwise, the
required use of natural regeneration under this Chapter
supercedes any prohibition under Chapter 58.]
*
(f)
*
*
reforestation
and
Special provisions for
afforestation.
minimum retention,
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*
(2)
*
*
Forest retention
Retention, reforestation and afforestation.
should be maximized where possible on each site listed in this
subsection. At a minimum, on-site forest retention, and in some
cases reforestation and afforestation, must be required as
follows:
(A)
In
an agricultural and resource area, on-site forest
retention must equal 25% of the net tract area.
(B)
In
a planned development or a site development using a
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cluster or other optional method of development in a one-
family residential zone, on-site forest retention must equal
the applicable conservation threshold in subsection (a).
This requirement also applies to any site seeking a waiver
or variance from base zone standards under [Section
59-C-1.393(b), 59-C-1.395, 59-C-1.532, 59-C-1.621, or
59-C-7.131,] Sections 59.4.4.5.D, 59.4.4.6.D, 59-4.4.7.C,
59-4.4.8.C, 59-4.4.8.C, 59-4.4.9.C, 59-4.4.10.C, 59-8.3.2,
59-4.9.16.B, and 59-5.2 if as a condition of the waiver or
variance the Planning Board or County Council must find
that the resulting development is environmentally more
desirable.
*
(h)
*
*
Agreements
(1 )
Maintenance agreement.
A forest conservation plan must include
a [[two-year]] 2-year binding agreement for maintenance of
conservation areas, including the watering (as practical), feeding
and replanting of areas to be afforested or reforested outside of
Special Protection Areas, and [[five-years]] 5 years for plantings
inside of Special Protection Areas. The [2-year period] binding
agreement for maintenance starts upon satisfactory
[final]
inspection of the [conservation measures] plantings required under
the forest conservation plan. A staged project may have more than
one agreement.
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22A-21. Variance.
*
*
*
*
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(c)
Referral to other agencies [[fOr non 22A-12(b)(3) variance requests]].
Before [[ considering a variance,]] the Planning Board considers a
variance [[not related to 22A-12(b)(3)11:! the Planning Director must send
a copy of each request to the County Arborist[, Planning Director,] and
any other appropriate agency for a written recommendation [[before
[[ acting]] the Board, or Planning Director, as appropriate, acts on the
request. If a recommendation on the variance is not submitted to the
Planning Board:! or Planning Director, as appropriate, within30 days after
the referral, the recommendation must be presumed to be
favorable]].
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22A-30. County Arborist
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*
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(c)
(4)
[[except for requests under 22A-12(b)(3),]] reVIew vanance
requests and reports under Article II;
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22A-31. Forest Conservation Advisory Committee
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(c)
The Executive must designate a staffmember from each of the following
departments to serve as an ex officio member:
*
(2)
*
*
The Executive must designate a staff member from each of the
following departments to serve as an ex officio member:
(A)
[Economic Development] Agricultural Services;
*
*
*
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No. 26-17
Approved:
Isiah Leggett, County Executive
Date
This is a correct copy o/Council action.
Linda M. Lauer, Clerk of the Council
Date
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