[Added 6-10-2008 by Ord. No. 2008-02]
The purpose of this article is to meet the requirements
of the Natural Resources Article, §§ 5-1601 to 5-1612,
Annotated Code of Maryland, by prohibiting certain development projects
from cutting or clearing certain forests within the Town of Myersville
unless a forest stand delineation and a forest conservation plan are
in effect.
In this article, the following terms have the
meanings indicated:
Establishment of a forest on an area from which forest cover
has been absent for a long period of time; the planting of open areas,
which are not presently in forest cover; or establishment of a forest
according to procedures set forth in the Forest Conservation Technical
Manual.
Farming activities, including plowing, tillage, cropping,
installation of best management practices, seeding, cultivating, and
harvesting for production of food and fiber products (except commercial
logging and timber-harvesting operations), the grazing and raising
of livestock, aquaculture, sod production, orchards, nursery, and
other products cultivated as part of a recognized commercial enterprise.
A person who is applying for subdivision or project plan
approval or a grading or sediment control permit or who has received
approval of a forest stand delineation or forest conservation plan.
The individual designated by the Town of Myersville as being
responsible for review and approval of any section of this article
as specified herein.
A document approved by the Department of Natural Resources
forester assigned to the County in which the property is located and
which operates as a protective agreement for forest conservation as
described in the Natural Resources Article, § 5-1607(e)
and (f), Annotated Code of Maryland.
The diameter measured at two inches above the root collar.
The largest tree of its species within the United States,
the state, County, or municipality.
A tree which is being kept by the Maryland Forest Conservancy
Boards or the most recent list of state champion trees.
Manufacturing operations, office complexes, shopping center,
and other similar uses and their associated storage areas, yards and
parking areas and generally corresponds to Myersville zoning classification(s)
VC and GC.
The cutting and removing of tree stems from a site for commercial
purposes, leaving the root mass intact.
A critical habitat for an endangered species and its surrounding
protection area. A critical habitat area shall be likely to contribute
to the long-term survival of the species; be likely to be occupied
by the species for the foreseeable future; and constitute habitat
of the species which is considered critical under the Natural Resources
Article, §§ 4-2A-04 and 10-2A-04, Annotated Code of
Maryland.
A habitat occupied by an endangered species as determined
or listed under the Natural Resources Article, §§ 4-2A-04
and 10-2A-04, Annotated Code of Maryland.
A signed and notarized statement by a landowner or the landowner's
agent certifying that the activity on the landowner's property is
for certain activities exempted under this article or the Natural
Resources Article, §§ 5-103 and 5-1601 to 5-1612, Annotated
Code of Maryland, and does not circumvent the requirements of this
article or Natural Resources Article, §§ 5-103 and
5-1601 to 5-1612, Annotated Code of Maryland, and does not conflict
with the purposes of any other declaration of intent, or the document
required under COMAR 08.19.01.05 or this article.
The grading or construction activities occurring on a specific
tract that is 40,000 square feet or greater, and includes all nonresidential
development, redevelopment, and new construction, except that nonresidential
development projects include grading or construction activities occurring
on tracts that are 5,000 square feet or greater.
For the purposes of afforestation, reforestation, or payment
into a fund, the release of the development bond, letter of credit
or other security if required; the acceptance of the project's streets,
utilities, and public services by the Town; or the designation by
the Planning Commission or state, if appropriate, that a development
project has been completed, or a particular stage of a staged development
project, including a planned unit development, has been completed.
A biological community dominated by trees and other woody
plants covering a land area of 10,000 square feet or greater; "forest"
includes areas that have at least 100 live trees per acre with at
least 50% of those trees having a two-inch or greater diameter at
4.5 feet above the ground and larger and areas that have been cut
but not cleared, however, "forest" does not include orchards.
The forestry board created for each state forestry conservancy
district under the Natural Resources Article, §§ 5-601
to 5-610, Annotated Code of Maryland.
The retention of existing forest or the creation of new forest
at the levels set by the state or the Town.
An agreement as stated in the Tax-Property Article, § 8-211,
Annotated Code of Maryland.
A plan approved pursuant to this article.
The State Forest Conservation Technical Manual, 3rd Edition,
as amended, incorporated by reference, used to establish standards
of performance required in preparing forest stand delineations and
forest conservation plans.
The area of a site meeting the definition of "forest."
A plan establishing best conservation and management practices
for a landowner in assessment of the resource values of forested property.
An area of land which has been intentionally afforested or
reforested, or contains existing forest, and is used for the express
purpose of providing credits for reforestation requirements.
An agreement entered into by an individual owning a forest
mitigation bank and the Town of Myersville which commits the banker
to certain procedures and requirements when creating and operating
the forest bank.
A plan for approval of a forest mitigation bank submitted
to the Town of Myersville by an individual proposing to establish
a forest mitigation bank.
The methodology for evaluating the existing vegetation on
a site proposed for development or redevelopment, as provided in the
Forest Conservation Technical Manual.
The period of consecutive frost-free days as stated in the
current soil survey for this County published by the National Cooperative
Soil Survey Program, 16 U.S.C. § 590(a) to (f).
The permitted uses and total number of allowable units per acre as defined in the Myersville Municipal Code, § 165-50.
Schools, colleges and universities, military installations,
transportation facilities, utility and sewer projects, government
offices and facilities, golf courses, recreation areas, parks, and
cemeteries, permitted in Myersville's open space, commercial and residential
zoning districts.
A stream in which surface water is absent during a part of
the year as shown on the most recent 7.5-minute topographic quadrangle
published by the United States Geologic Survey as confirmed by field
verification.
A plan which is drawn to scale, showing dimensions and details
for reforesting an area at least 50 feet wide and covering 2,500 square
feet or greater in size, and employs native or indigenous species,
and which is made part of an approved forest conservation plan.
A project which is elongated with nearly parallel sides and
is used to transport a public service not otherwise contained in an
application for subdivision, such as electricity, gas, sewer, communications,
trains, and vehicles, and may traverse fee simple properties through
defined boundaries or established easement rights.
Each unit in the executive, legislative, or judicial branch
of a county or municipal government, including an office or department
of public works.
A unit of land, the boundaries of which have been established
as a result of a deed or previous subdivision of a larger parcel and
which will not be the subject of further subdivision, as defined by
the Natural Resources Article, § 5-1601, Annotated Code
of Maryland, and this article, without an approved forest stand delineation
and forest conservation plan.
The permitted uses and total number of allowable units per acre as defined in the Myersville Municipal Code, § 165-38.
The short-term management agreement associated with afforestation or reforestation plans required under § 130-69 of this article.
The permitted uses and total number of allowable units per acre as defined in the Myersville Municipal Code, § 165-44.
A project as defined in the Myersville Code of Ordinances.
A single, relatively high-density development project, usually
commercial in nature, which includes two or more types of uses.
Relief from the Natural Resources Article, §§ 5-1601
to 5-1612, Annotated Code of Maryland, or this article.
The natural establishment of trees and other vegetation with
at least 400 woody, free-to-grow seedlings per acre, which are capable
of reaching a height of at least 20 feet at maturity.
Except in open space areas, the total area of a site, including
both forested and nonforested areas, to the nearest 1/10 acre, and
in agriculture and open space areas, the part of the total tract for
which land use will be changed or will no longer be used for primarily
conservation/park activities. Also, for a linear project, "net tract
area" means the area of a right-of-way width, new access roads and
storage, or the limits of disturbance as shown on an application for
sediment and erosion control approval or in a capital improvements
program project description.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
under normal conditions does support, a prevalence of vegetation typically
adapted for life in saturated soil conditions, commonly known as "hydrophytic
vegetation," or is considered a nontidal wetland in accordance with
the publication known as the "Federal Manual for Identifying and Delineating
Jurisdictional Wetlands," published in 1989 and as may be amended
and interpreted by the United States Environmental Protection Agency.
"Nontidal wetlands" does not include tidal wetlands regulated under
the Environment Article, Title 16, Annotated Code of Maryland.
The following plants in the State of Maryland (per Maryland
Noxious Weed Law, Agriculture Article, Title 9, Subtitle 4, Annotated
Code) as amended:
Outside of the limits of the area encompassed by the tract.
A flood which has a 1% chance of being equaled or exceeded
in any given year.
An area along or adjacent to a stream or body of water, except
tidal waters, that is capable of storing or conveying floodwaters
during a one-hundred-year-frequency storm event or a one-hundred-year
flood.
Within the limits of the area encompassed by the tract, including
an area classified as a one-hundred-year floodplain.
A stream containing surface water throughout an average rainfall
year, as shown on the most recent 7.5-minute topographic quadrangle
published by the United States Geologic Survey, as confirmed by field
verification.
The federal government, the state, a county, municipal corporation,
or other political subdivision of the state, or any of their units,
or an individual, receiver, trustee, guardian, executor, administration,
fiduciary, or representative of any kind, or any partnership, firm,
association, public or private corporation, or any of their affiliates,
or any other entity.
A development comprised of a combination of land uses or varying intensities of the same land use in accordance with an integrated plan that provides flexibility in land use design approved by the Town with at least 25% of the land permanently dedicated to open space permitted in various zoning districts pursuant to planned neighborhood development provisions of § 165-73 of the Myersville Municipal Code.
An area designated as a priority funding area under § 5-7B-02
of the State Finance and Procurement Article, Annotated Code of Maryland,
as may be amended from time to time.
[Added 1-13-2015 by Ord. No. 2014-10]
A construction, grading, or sediment control activity on
an area of 40,000 square feet or greater by a local agency.
Any transmission line or electric generating station, or
water, sewer, electric, gas, telephone, or cable service lines.
A proposed land-disturbing activity where the existing land
use is commercial, industrial, institutional, multifamily residential,
or public right-of-way and either:
The creation of a biological community dominated by trees
and other woody plants containing at least 100 live trees per acre
with at least 50% of those trees having the potential of attaining
a two-inch or greater diameter measured at 4.5 feet above the ground,
within seven years, or the establishment of a forest according to
procedures set forth in the Forest Conservation Technical Manual.
In addition, "reforestation" or "reforested" includes landscaping
of areas under an approved landscaping plan establishing a forest
at least 50 feet wide and covering 2,500 square feet or more of area.
Any of the following activities, when that activity occurs
on a unit of land which is 40,000 square feet or greater: subdivision;
grading; an activity that requires a sediment control permit or project
plan of a local agency.
The deliberate holding and protecting of existing trees,
shrubs, or plants on the site according to established standards as
provided in the Forest Conservation Technical Manual.
The authorization of an activity regulated under a sediment
control plan as provided in the Environment Article, Title 4, Annotated
Code of Maryland.
An unbranched woody plant, less than 24 inches in height
and having a diameter of less than 1/2 inch measured at two inches
above the root collar.
The careful and planned removal of trees, shrubs, and plants
using specific standards and protection measures under an approved
forest conservation plan.
All lands lying within 100 feet, measured from stream edge,
of a perennial or intermittent stream.
Any division of a unit of land into two or more lots or parcels
for the purpose, whether immediate or future, of transfer of ownership,
sale, lease, or development.
A tree-cutting operation affecting one or more acres of forest
or developed woodland within a one-year interval that disturbs 5,000
square feet or more of forest floor. "Timber harvesting" does not
include grubbing and clearing of root mass.
Property or unit of land subject to an application for a
grading or sediment control permit, subdivision approval, project
plan approval, or areas subject to this article.
The entire property subject to a planned unit development.
A large, branched woody plant having one or several self-supporting
stems or trunks that reach a height of at least 20 feet at maturity.
All land lying within an area described as a subbasin in
water quality regulations adopted by the Department of the Environment
under COMAR 26.08.02.08.
An unbranched woody plant greater than 24 inches in height
and having a diameter of less than one-inch measured at two inches
above the root collar.
Except as provided in § 130-53, this article applies to:
A.
A person making application for a subdivision, site
plan, project plan, grading, or sediment control approval on units
of land 40,000 square feet or greater after the effective date of
this article.
C.
A unit of county or municipal government, including
a public utility or public works project, making application for a
subdivision, site plan, project plan, grading, or sediment control
approval on areas 40,000 square feet or greater.
D.
A person making application for any nonresidential
development on land 5,000 square feet or greater of land disturbance.
This article does not apply to:
A.
Highway construction activities under the Natural
Resources Article, § 5-103, Annotated Code of Maryland.
B.
Areas governed by the Chesapeake Bay Critical Area
Protection Law, Natural Resources Article, §§ 8-1801
to 8-1817, Annotated Code of Maryland.
C.
Commercial logging and timber-harvesting operations,
including harvesting conducted subject to the forest conservation
and management program under the Tax-Property Article, § 8-211,
Annotated Code of Maryland, that are completed:
D.
Agricultural activities not resulting in a change in land use category, including agricultural support buildings and other related structures built using accepted best management practices, except that a person engaging in an agricultural activity clearing 40,000 square feet or greater of forest within a one-year period may not receive an agricultural exemption, unless the person files a declaration of intent as provided for in § 130-54 which includes:
E.
The cutting or clearing of public utility rights-of-way
by companies licensed under Title 7 of the Public Utility Companies
Article, Annotated Code of Maryland, if:
F.
Routine maintenance or emergency repairs of public
utility rights-of-way licensed under the Public Utility Companies
Article, §§ 7-204, 7-205, 7-207, and 7-208, Annotated
Code of Maryland.
H.
A residential construction activity conducted on an
existing single lot of any size of record at the time of application,
or a linear project not otherwise exempted under this article, if
the activity:
(1)
Does not result in the cumulative cutting, clearing,
or grading of more than 40,000 square feet of forest;
(2)
Does not result in the cutting, clearing, or grading
of a forest that is subject to the requirements of a previous forest
conservation plan approved under the ordinance codified in this article;
and
I.
An activity required for the purpose of constructing
a dwelling house intended for the use of the owner, or a child or
a grandchild of the owner, if the activity:
J.
A real estate transfer to provide a security, leasehold,
or other legal or equitable interest, including a transfer of title,
or a portion of a lot or parcel, if:
A.
The purpose of the declaration of intent is to verify
that the proposed activity is exempt under the Natural Resources Article,
§§ 5-103 and 5-1601 to 5-1612, Annotated Code of Maryland,
and this article.
C.
The existence of a declaration of intent does not
preclude another exempted activity on the property subject to a declaration
of intent, if the activity:
D.
If a regulated activity on the area covered by the
declaration of intent occurs within five years of the effective date
of the declaration of intent:
E.
An applicant may apply for a regulated activity on
that area of the property not covered under the declaration of intent
if the requirements of this article are satisfied.
F.
The appropriate approving authority may require a
person failing to file a declaration of intent or found in noncompliance
with a declaration of intent to:
(1)
Meet the retention, afforestation and reforestation
requirements established in this article;
(2)
Pay a noncompliance fee to the Town of $0.50 per square
foot of forest cut or cleared contrary to the declaration of intent;
(3)
Be subject to other enforcement actions appropriate
under the Natural Resources Article, §§ 5-1601 to 5-1612,
Annotated Code of Maryland, and this article; or
(4)
File a declaration of intent with the Town.
G.
In its determination of appropriate enforcement action,
the Town may consider whether failure to file a declaration of intent
by a person required to file is a knowing violation of this article.
A.
General.
(1)
Material relative to forest conservation, i.e., forest
stand delineations, preliminary and final forest conservation plans,
declarations of intent and requests for exemption, requests for modifications,
shall be submitted to the appropriate approving authority as outlined
in this section.
(2)
The appropriate approving authority may refer the
material to any other Town official, County or state department or
agency for review and comment it deems appropriate for its review,
comments and/or recommendations.
B.
Planning Commission and Planning Office staff.
[Amended 10-9-2018 by Ord. No. 2018-08]
(1)
Approval of forest stand delineations and preliminary
and final forest conservation plans shall rest with the Planning Commission
or duly authorized agent.
(2)
The Planning Commission or duly authorized agent may grant modifications to this article as provided by § 130-57.
(3)
The Planning Commission or duly authorized agent may
approve requests for exemptions, declarations of intent, and forest
stand delineations.
(4)
Planning Office staff will be responsible for inspection
of construction activities for conformance with the approved forest
conservation plan and afforestation and reforestation areas. Planning
Office staff shall require an applicant to provide a certification
of plan compliance signed by a professional forester or other person
legally qualified to prepare a forest conservation plan in lieu of
inspection by the Town.
C.
Town Administrator.
A.
A person making application after the effective date
of the ordinance codified in this article for subdivision, site plan,
or project plan approval, a grading permit, or a sediment control
permit for an area of land of 40,000 square feet or greater (and 5,000
square feet or greater for a nonresidential site) shall:
(1)
Submit to the appropriate approving authority a forest
stand delineation and a forest conservation plan for the lot or parcel
on which the development is located; and
(2)
Use methods provided in this article and the Forest
Conservation Technical Manual to prepare forest stand delineations,
and forest conservation plans and to protect retained forests and
trees during construction.
B.
If a local agency or person using state funds makes
application to conduct a regulated activity, the provisions of COMAR
08.19.04.01 D-G apply. This requirement calls for the Town to transmit
the forest stand delineation and forest conservation plan to the Department
of Natural Resources for determination of review authority under the
State Forest Conservation Program.
A.
A person may request a modification from the requirements
of this article or the requirements of the Natural Resource Article,
§§ 5-1601 to 5-1612, Annotated Code of Maryland, if
the person demonstrates that the enforcement would result in unwarranted
hardship to the person.
B.
An applicant for a modification shall:
(1)
Describe the special conditions peculiar to the property
which would cause the unwarranted hardship;
(2)
Describe how enforcement of these rules will deprive
the applicant of rights commonly enjoyed by others in similar areas;
(3)
Verify that the granting of the modification will
not confer on the applicant a special privilege that would be denied
to other applicants;
(4)
Verify that the modification request is not based
on conditions or circumstances which are the result of actions by
the applicant;
(5)
Verify that the request does not arise from a condition
relating to land or building use, either permitted or nonconforming,
on a neighboring property; and
(6)
Verify that the granting of a modification will not
adversely affect water quality.
D.
Notice of a request for a modification shall be given
to the Department of Natural Resources within 30 days of receipt of
a request for a modification.
E.
There is established by this article the right and
authority of the Department of Natural Resources to initiate or intervene
in an administrative, judicial or other original proceeding or appeal
in the state concerning an approval of a modification under the Natural
Resources Article, §§ 5-1601 to 5-1612, Annotated Code
of Maryland, or this article.
A.
Noncompliance fees.
(1)
A person found to be in noncompliance with this article,
regulations adopted under this article, the forest conservation plan,
or the associated two-year maintenance agreement may be assessed by
the Town the penalty of $0.50 per square foot of the area found to
be in noncompliance with required forest conservation.
B.
Violation.
(1)
In addition to the provisions under Subsection A of this section, a person who violates a provision of this article or a regulation or order adopted or issued under this article is liable for a penalty not to exceed $1,000 per violation, which may be recovered in a civil action brought by the Town.
(2)
Each day the applicant is noncompliant is a separate
violation.
C.
Injunctions. The Town may seek an injunction requiring
a person to cease a violation of this article and take corrective
action to restore or reforest an area.
D.
The appropriate approving authority may revoke an
approved forest conservation plan if it finds that:
(1)
A provision of the plan has been violated;
(2)
Approval of the plan was obtained through fraud, misrepresentation,
a false or misleading statement, or omission of a relevant or material
fact; or
(3)
Changes in the development or in the condition of
the site necessitate preparation of a new or amended plan.
E.
The Town may issue a stop-work order against a person
who violates a provision of this article or a regulation, order, approved
forest conservation plan, or maintenance agreement.
F.
Before revoking approval of a forest conservation
plan, the Town shall notify the violator in writing and provide an
opportunity for a hearing before the Town Council.
A.
The Town Council of Myersville may amend this article
as may be required according to procedures established by the Town
Charter.
B.
All amendments to this article shall be submitted
to the Department of Natural Resources prior to adoption for review
and comment as to compliance with the provisions and requirements
of Natural Resources Article, §§ 5-1601 to 5-1612,
of the Annotated Code of Maryland.
The Town Council shall have the authority to
establish, by resolution, fees to cover the cost of administration
of this article, including the review of forest stand delineations,
forest conservation plans, requests for exemptions, requests for modifications,
management agreements and public works agreements, payment into the
Forest Conservation Fund, inspections and plan compliance monitoring.
A.
There is established a Myersville Forest Banking Program,
which shall allow the Town to create new forest areas or designate
certain existing forest areas to be held in reserve (or banked) in
order to be used to meet future afforestation or reforestation requirements
imposed on regulated activities by this article.
B.
Only the following areas may be admitted into the
forest banking program:
(1)
New or existing forests that provide buffers for streams,
floodplains, wetlands or other hydrologically sensitive environments
on lands that are zoned open space or, in the judgment of the Town
planning staff, are primarily in bona fide open space use.
(2)
Existing forest that is critical habitat for threatened
or endangered plants or sedentary animal species, as determined by
the Maryland Department of Natural Resources.
(3)
New or existing forest which has been designated by
certified hydrological studies as part of the groundwater recharge
areas for the wells and springs that contribute to the Myersville
drinking water system.
C.
Planning Office staff shall administer the forest
banking program, keep records of all forest banking sites and any
transfers of forest bank credits, review and approve credit transfers,
and administer required financial guarantees associated with approved
forest conservation plans.
[Amended 10-9-2018 by Ord. No. 2018-08]
D.
The forest banking applicant must identify in a forest
conservation plan, as part of subdivision plat review, the acreage
of afforestation or reforestation, to be placed on site, and the amount
of acreage, as the last alternative, that is to be mitigated by purchase
of credits from the forest banking program.
E.
Forest banking credit ratios.
(1)
Existing forest shall be credited to the applicant
at a 1:2 ratio, meaning that for every one acre of afforestation or
reforestation required, two acres of existing forest must be acquired.
(2)
New forest shall be credited at a 1:1 ratio, meaning
that for every one acre of afforestation or reforestation required,
only one acre of new forest must be acquired.
A.
There is established a Forest Conservation Fund in
the Town of Myersville.
B.
If a person subject to this article demonstrates to the satisfaction
of the Planning Commission that the requirements for reforestation
or afforestation on site or off site cannot be reasonably accomplished
and appropriate credits generated by a forest mitigation bank in the
same county or watershed are not available, the person shall contribute
money into the Myersville Forest Conservation Fund at the following
rates:
[Amended 1-13-2015 by Ord. No. 2014-10; 11-12-2019 by Ord. No. 2019-06]
(1)
For a project inside a priority funding area, at the rate as determined
by regulations then in effect as adopted by the Maryland Department
of Natural Resources pursuant to Natural Resources Article, § 5-1610(c)(2)(i),
Annotated Code of Maryland; and
C.
Money contributed instead of afforestation or reforestation
under this section shall be paid prior to the issuance of grading
permits.
D.
The Town shall accomplish the reforestation or afforestation
for which the money is deposited within two years or three growing
seasons, whichever is a greater time period, after receipt of the
money.
E.
Money contributed under this section shall remain
in the account for a period of two years or three growing seasons,
whichever is a greater time period.
F.
Money deposited in the local Forest Conservation Fund:
G.
The reforestation or afforestation requirement under
this section shall occur in the Town and/or watershed in which the
project is located.
H.
Every two years the Town shall provide to the Maryland Department
of Natural Resources a general plan identifying appropriate and potentially
available areas for mitigation projects and detailed accounting procedures
for accurately tracking money received into and expended out of the
Forest Conservation Fund. The mitigation plans and accounting procedures
shall be made available to the public.
[Added 11-12-2019 by Ord.
No. 2019-06]
I.
The Town:
[Added 11-12-2019 by Ord.
No. 2019-06]
(1)
May not collect money for deposit into its Forest Conservation Fund unless the Town has submitted to the Department of Natural Resources the general mitigation plan and accounting procedures required under Subsection H of this section; and
(2)
Shall
ensure that the equivalent number of acres for which money is collected
and paid into its Forest Conservation Fund is mitigated in accordance
with afforestation. Reforestation and conservation priorities and
techniques are authorized under § 5-1607 of the Natural
Resources Article, Annotated Code of Maryland.
A.
A person required to conduct afforestation or reforestation
under this section shall furnish financial security in the form of
a bond, an irrevocable letter of credit, or other security approved
by the Town Administrator. The surety shall:
(1)
Assure that the afforestation, reforestation, and
the associated maintenance agreement are conducted and maintained
in accordance with the approved forest conservation plan;
(2)
Be in an amount equal to 115% of the estimated cost,
as determined by the Town, of afforestation and reforestation; and
(3)
Be in a form and of a content approved by the Town.
B.
After two growing seasons, the person required to
file a bond, letter of credit or other security under this section
may request reduction of the amount of the bond, letter of credit
or other security by submitting a written request to the Town for
reducing the bond, letter of credit or other security amount, including
estimated or actual costs to ensure afforestation or reforestation
requirements are met.
C.
The Town Council shall determine whether a lesser
amount is sufficient to cover the cost of afforestation or reforestation,
taking into account the following:
D.
If, after two growing seasons, it is deemed by Planning
Office staff that the plantings associated with the afforestation
or reforestation meet or exceed the standards of the Forest Conservation
Technical Manual, the amount of the cash bond, letter of credit, surety
bond, or other security shall be returned or released.
[Amended 10-9-2018 by Ord. No. 2018-08]
E.
Long-term protective agreements.
(1)
For all forest shown as "retention" in order to satisfy conservation requirements described in § 130-72, and for all planting areas shown as forestation in order to satisfy § 130-73 (afforestation or reforestation), an applicant shall be required to subject these areas to a perpetual forest deed of easement, otherwise known as "Forest Resource Deed of Easement/Maintenance Covenants and Agreement."
(2)
The grantee shall be the Town of Myersville.
[Amended 10-9-2018 by Ord. No. 2018-08]
(3)
The areas of forest subject to deed protection shall
be described by a graphic metes and bounds by a licensed Maryland
surveyor.
(4)
The deed shall include use restrictions provided by
Planning Office staff, known as "Forest Resource Inspection and Maintenance
Covenants and Agreement."
[Amended 10-9-2018 by Ord. No. 2018-08]
(5)
The deed shall comply with COMAR 08.19.05.02.
A.
On or before March 31st of each year, the Town shall
submit an annual report for the previous year to the Department of
Natural Resources which includes:
(1)
The number, location, and type of projects subject
to the provisions of this article;
(2)
The amount and location of acres cleared, conserved,
and planted in connection with a development project;
(3)
The amount of reforestation and afforestation fees
and noncompliance penalties collected and expended, the number of
acres for which the fees were collected, and the number of acres reforested
afforested or conserved using the fees; and
[Amended 11-12-2019 by Ord. No. 2019-06]
(4)
The costs of implementing the forest conservation
program.
(5)
Location and size of all forest mitigation banks approved
during the past year, with a description of the priority areas afforested
or reforested by the bank;
(6)
Number of acres debited from each forest mitigation
bank since the last annual report; and
(7)
Forest mitigation banks inspected since the last annual
report.
B.
The Town shall submit the necessary documentation
to comply with COMAR 08.19.02.04, which provides for Department of
Natural Resources biennial review of the local forest conservation
program.
A.
All required plans under this article shall be prepared
by a licensed forester, licensed landscape architect or qualified
professional who meets the requirements stated in COMAR 08.19.06.01.
B.
Forest stand delineation (FSD) and forest conservation
plans (FCP) shall be reviewed concurrently with a proposed development
or project plan. The FSD and FCP shall be submitted with a subdivision,
site plan, project plan or grading permit submission in accordance
with deadlines and procedures established by the appropriate approving
authority. All material shall be complete and accurate upon submission
to the appropriate authority as outlined in this section.
(1)
Subdivisions approved by the Planning Commission.
(a)
Submit FSD for the Planning Commission's approval.
No deadline. The Planning Commission or duly authorized agent has
60 days for review and to notify the applicant of FSD approval or
disapproval. A concept plan for staff review is recommended at this
time.
[Amended 10-9-2018 by Ord. No. 2018-08]
(b)
Submit a preliminary FCP (which includes an
approved FSD) along with application for preliminary plan of subdivision
or combined preliminary final plan of subdivision for minor subdivisions
(five lots or fewer) according to the established deadline for subdivision
plan submission. Applicants will receive comments on preliminary FCP
and subdivision plan at the next meeting of the Planning Commission.
(c)
An applicant may elect to submit a combined
FSD and preliminary FCP along with a preliminary plan of subdivision.
Deadline is 45 days before the Planning Commission meeting at which
approval is requested. If the FSD is disapproved, then the FCP will
not be on the agenda for the next Planning Commission meeting, and
reapplication is required.
(d)
Once the preliminary FCP and preliminary plan
of subdivision or combined preliminary or final plat are approved
by the Planning Commission or duly authorized agent, applicants should
proceed with the final FCP in conjunction with engineering improvement
plans. Submit to the Planning Commission for approval. No deadline.
However, final plats will not be approved until the Planning Commission
or duly authorized agent approves the final FCP.
[Amended 10-9-2018 by Ord. No. 2018-08]
(e)
Submit letter from the Town Planner indicating
final FCP approval with application for final plat approval according
to regular planning deadlines for subdivision plat approval.
(2)
Site plans approved by Planning Commission.
(a)
Submit a FSD for Planning Commission or duly
authorized agent approval. No deadline. However, the Town has 60 days
for review and to notify the applicant of FSD approval or disapproval.
A preliminary site plan for staff review is recommended at this time.
[Amended 10-9-2018 by Ord. No. 2018-08]
(b)
Submit preliminary FCP (which includes an approved
FSD) along with application for final site plan approval according
to regular planning deadline for site plan submissions.
(c)
An applicant may elect to submit a combined
FSD or preliminary FCP along with a final site plan. Deadline is 45
days before the regular Planning Commission meeting at which approval
is requested. If the FSD is disapproved, then the FCP will not be
on the agenda for the next Planning Commission meeting, and reapplication
is required.
(d)
Once the preliminary FCP or final site plan
is approved by the Planning Commission or duly authorized agent, applicants
should proceed with the final FCP in conjunction with engineering
improvement plans. Submit to the Planning Commission for approval.
No deadline. However, final plats will be considered only conditionally
approved and will not be considered for recordation until a final
FCP is approved and signed by the Planning Commission or duly authorized
agent. Municipal projects that do not follow the platting process
may not proceed with construction until a final FCP is approved and
signed.
[Amended 10-9-2018 by Ord. No. 2018-08]
B.
The delineation shall be used during the project design
process to determine the most suitable and practical areas for forest
conservation and shall contain the following components:
(1)
A topographic map delineating intermittent and perennial
streams and steep slopes over 25%;
(2)
A soils map delineating soils with structural limitations,
hydric soils, or soils with a soil K value greater than 0.35 on slopes
of 15% or more;
(3)
Forest stand maps indicating species, location, and
size of trees and showing dominant and co-dominant forest types;
(4)
Location of one-hundred-year floodplains;
(5)
Information required by the Forest Conservation Technical
Manual; and
(6)
Other information the approving authority determines
is necessary to implement this article, including wetlands, floodplains,
stream buffers and other environmentally limiting factors.
D.
The Planning Commission shall consider a simplified
forest stand delineation complete if it includes:
E.
An approved forest stand delineation may remain in
effect for a period not longer than five years.
F.
Time for submittal of FSD.
(1)
Within 45 calendar days after receipt of the forest
stand delineation, Planning Office staff shall notify the applicant
whether the FSD is complete and accurate.
[Amended 10-9-2018 by Ord. No. 2018-08]
(2)
If Planning Office staff fails to notify the applicant
within 45 days, the delineation shall be treated as complete and accurate.
[Amended 10-9-2018 by Ord. No. 2018-08]
(3)
The Planning Commission may require further information
or provide for an additional 30 calendar days under extenuating circumstances.
A.
In developing a forest conservation plan, the applicant
shall give priority to techniques for retaining existing forest on
the site.
B.
If existing forest on the site subject to a forest
conservation plan cannot be retained, the applicant shall demonstrate,
to the satisfaction of the appropriate approving authority:
(1)
How techniques for forest retention have been exhausted;
(2)
Why the priority forests and priority areas specified
in the Natural Resources Article, § 5-1607(c), Annotated
Code of Maryland, cannot be left in an undisturbed condition;
(3)
If priority forests and priority areas cannot be left
undisturbed, how the sequence for afforestation or reforestation will
be followed in compliance with the Natural Resources Article, § 5-1607,
Annotated Code of Maryland; and
(4)
Where on site in priority areas afforestation or reforestation
will occur in compliance with the Natural Resources Article, § 5-1607,
Annotated Code of Maryland.
C.
The applicant shall demonstrate to the satisfaction
of the appropriate approving authority that all of the requirements
for afforestation or reforestation on site or off site were attempted
and cannot be reasonably accomplished if the applicant proposes to
make a payment into the local Forest Conservation Fund as a last alternative
to afforestation or reforestation.
D.
Nontidal wetlands. A regulated activity within the
net tract area that occurs wholly or partly in areas regulated as
nontidal wetlands under the Environmental Article, Title 9, Annotated
Code of Maryland, is subject to both the nontidal wetlands regulatory
requirements and the requirements of this law, subject to the following:
(1)
Any area of forest in the net tract area, including
forest in nontidal wetlands that is retained, shall be counted towards
forest conservation requirements under this article.
(2)
For the purpose of calculating reforestation mitigation
under this article, a forested nontidal wetland permitted to be cut
or cleared and required to be mitigated under the Environment Article,
Title 9, shall be shown on the forest conservation plan and subtracted
on an acre-for-acre basis from the total amount of forest to be cut
or cleared as part of a regulated activity.
(3)
Nontidal wetlands shall be considered to be priority
areas for retention and replacement.
(4)
Forested nontidal wetland identification and delineation
should be included at the earliest stage of planning to assist the
applicant in avoidance and reduction of impacts to the nontidal wetlands
and to avoid delay in the approval process.
A.
A preliminary forest conservation plan shall:
(2)
Include the approved forest stand delineation for
the site;
(4)
Include a clear graphic indication of the forest conservation
provided on the site drawn to scale, showing areas where retention
of existing forest or afforestation or reforestation is proposed;
(6)
In the case of afforestation or reforestation, include
a proposed afforestation or reforestation plan;
(7)
Include a proposed construction timetable showing
the sequence of forest conservation procedures;
(8)
Show the proposed limits of disturbance;
(9)
Show proposed stockpile areas;
(10)
Incorporate a proposed two-year maintenance
agreement that shows how areas designated for afforestation or reforestation
will be maintained to ensure protection and satisfactory establishment;
(11)
Include information required in the Forest Conservation
Technical Manual; and
(12)
Include other information the appropriate approving
authority determines is necessary to implement this article.
B.
The review of the preliminary forest conservation
plan shall be concurrent with the review of the site plan or preliminary
plan of subdivision for Planning Commission approval.
C.
During the different stages of the review process,
the preliminary forest conservation plan may be modified, provided
that the approving authority approves of the changes.
A.
A final forest conservation plan shall:
(2)
Show proposed locations and types of protective devices
to be used during construction activities to protect trees and forests
designated for conservation;
(3)
In the case of afforestation or reforestation, include
an afforestation or reforestation plan, with a timetable and description
of needed site and soil preparation, species, size, and spacing to
be used;
(4)
Incorporate a binding two-year maintenance agreement
containing, at a minimum, the provisions specified in COMAR 08.19.05.01
that details how the areas designated for afforestation or reforestation
will be maintained to ensure protection and satisfactory establishment,
including:
(5)
Incorporate a long-term binding protective agreement
containing, at a minimum, the provisions specified in COMAR 08.19.05.02
that provides protection for areas of forest conservation, including
areas of afforestation, reforestation, and retention, and limits uses
in areas of forest conservation to those uses that are designated
and consistent with forest conservation, including recreational activities
and forest management practices that are used to preserve forest;
(6)
Include the substantive elements required under § 130-68A of this article as finalized elements of the forest conservation plan; and
(7)
Include other information the Planning Commission
and staff determines is necessary to implement this article.
B.
Time for submittal of FCP.
(1)
Within 60 calendar days after receipt of the final
forest conservation plan, the Planner shall notify the applicant whether
the forest conservation plan is complete and approved.
(2)
If Planning Office staff fails to notify the applicant
within 60 calendar days, the plan shall be treated as complete and
approved.
[Amended 10-9-2018 by Ord. No. 2018-08]
(3)
Planning Office staff may require further information
or extend the deadline for an additional 30 calendar days under extenuating
circumstances.
[Amended 10-9-2018 by Ord. No. 2018-08]
(4)
At the request of the applicant, Planning Office staff
may extend the deadline under extenuating circumstances.
[Amended 10-9-2018 by Ord. No. 2018-08]
(5)
The review of a final forest conservation plan shall
be concurrent with the review of engineering improvement plans, project
plan, grading permit application, or sediment control application
associated with the project.
C.
A forest conservation plan shall specify methods to
protect trees during construction activity according to standards
provided in the Forest Conservation Technical Manual.
D.
Before cutting, clearing, grading, or construction
begins on a site for which a forest conservation plan is required,
the applicant shall demonstrate to Planning Office staff that protective
devices as specified by the forest conservation plan have been established.
[Amended 10-9-2018 by Ord. No. 2018-08]
The following trees, shrubs, plants, and specific
areas are considered priority for retention and protection and shall
be left in an undisturbed condition unless the applicant has demonstrated,
to the satisfaction of the approving authority, that reasonable efforts
have been made to protect them and the plan cannot be reasonably altered:
A.
Trees, shrubs, and plants located in sensitive areas
including the one-hundred-year floodplain, intermittent and perennial
streams and their buffers, steep slopes, nontidal wetlands, and critical
habitats;
B.
Contiguous forest that connects the largest undeveloped
or most vegetated tracts of land within and adjacent to the site;
C.
Trees, shrubs, or plants determined to be rare, threatened,
or endangered under:
A person making application after the effective
date of this article for subdivision, site plan or project plan approval,
a grading permit, or a sediment control permit for an area of land
of 40,000 square feet or greater (or 5,000 square feet or greater
for a nonresidential site), shall:
A.
B.
Comply with the following when cutting into forest cover that is currently below the afforestation percentages described in Subsections A(1) and (2) of this section:
(1)
The required afforestation level shall be determined
by the amount of forest existing before cutting or clearing begins;
and
(2)
Forest cut or cleared below the required afforestation
level shall be reforested or afforested at a 2:1 ratio and added to
the amount of afforestation necessary to reach the minimum required
afforestation level, as determined by the amount of forest existing
before cutting or clearing began.
A.
There is a forest conservation threshold established for all land categories, as provided in Subsection B of this section. "Forest conservation threshold" means the percentage of the net tract area at which the reforestation requirement changes from a ratio of 1/4 acre planted for each acre removed above the threshold to a ratio of two acres planted for each acre removed below the threshold.
B.
After reasonable efforts to minimize the cutting or clearing of trees and other woody plants have been exhausted in the development of a subdivision or project plan, grading and sediment control activities, and implementation of the forest conservation plan, the forest conservation plan shall provide for reforestation, purchase of credits or establishment of bank, or payment into the Forest Conservation Fund, according to the formula set forth in Subsections B and C of this section and consistent with § 130-73 A of this article, and the following forest conservation thresholds for the applicable land use category:
|
Category of Use
|
Threshold Percentage
| |
|---|---|---|
|
Open space districts
|
25%
| |
|
Residential areas (low and medium)
|
25%
| |
|
Institutional development uses
|
20%
| |
|
Residential areas (high)
|
20%
| |
|
Mixed-use and planned unit development areas
|
15%
| |
|
Commercial and industrial use areas
|
15%
|
C.
Calculations.
(1)
For all existing forest cover measured to the nearest
1/10 acre cleared on the net tract area above the applicable forest
conservation threshold, the area of forest removed shall be reforested
at a ratio of 1/4 acre planted for each acre removed.
(2)
Each acre of forest retained on the net tract area above the applicable forest conservation threshold shall be credited against the total number of acres required to be reforested under Subsection C(1) of this section. The calculation of the credit shall be according to criteria provided in the Forest Conservation Technical Manual.
(3)
For all existing forest cover measured to the nearest
1/10 acre cleared on the net tract area below the applicable forest
conservation threshold, the area of forest removed shall be reforested
at a ratio of two acres planted for each acre removed below the threshold.
A.
After techniques for retaining existing forest on
the site have been exhausted, the preferred sequence for afforestation
and reforestation, as determined by the Department, is as follows:
(1)
Selective clearing and supplemental planting on site.
(2)
On-site afforestation or reforestation, if economically
feasible, using transplanted or nursery stock that is greater than
1.5 inches diameter measured at 4.5 feet above the ground.
(3)
On-site afforestation or reforestation, using whip
and seedling stock.
(4)
Street trees as a permissible step in the priority
sequence for afforestation and reforestation based on number of trees
per acre.
(5)
Landscaping of areas under an approved landscaping plan which establishes a forest that is at least 50 feet wide and covering 2,500 square feet or more of area or other landscaping as provided for in § 130-74D.
(6)
Off-site afforestation or reforestation, using transplanted
or nursery stock that is greater than 1.5 inches diameter measured
at 4.5 feet above the ground.
(7)
Off-site afforestation or reforestation, using whip
and seedling stock.
(8)
Natural regeneration on site.
(9)
Natural regeneration off site.
(10)
Purchase of credits from the Myersville Forest
Banking Program.
B.
The forest conservation plan shall specify the sequence
proposed for afforestation and reforestation most appropriate for
the site and character of the proposed project. The appropriate approving
authority may require that any sequence be considered to achieve the
objectives of this article and the Myersville Comprehensive Plan.
A.
The following are considered a priority for afforestation
and reforestation:
(1)
Establish or enhance forest buffers adjacent to intermittent
and perennial streams to widths of the minimum length specified by
all Town regulations.
(2)
Establish or enhance forested areas on one-hundred-year
floodplains, when appropriate.
(3)
Establish or increase existing forested corridors
to connect existing forests within or adjacent to the site, and where
practical, forested corridors should be a minimum of 300 feet in width
to facilitate wildlife movement.
(4)
Establish or enhance forest buffers adjacent to critical
habitats where appropriate.
(5)
Establish plantings to stabilize slopes of 25% or
greater and slopes of 15% or greater with a soil K value greater than
0.35, including the slopes of ravines or other natural depressions.
(6)
Establish buffers adjacent to areas of differing land
use when appropriate or adjacent to highways or utility rights-of-way.
(7)
Establish forest areas adjacent to existing forests
to increase the overall area of contiguous forest cover, when appropriate.
B.
Recommended tree species list. Tree species used for
afforestation or reforestation shall be native to the area, when appropriate,
and selected from a list of approved species established by the Town.
C.
A person required to conduct afforestation or reforestation
under this article shall accomplish it within one year or one growing
season, whichever is a greater time period, following development
project completion.
D.
Requirements for afforestation or reforestation pursuant to §§ 130-71 and 130-72 of this article may be met by landscaping and or street trees according to the following limitations:
(1)
Landscaping areas of 25,000 square feet in area, at
least 50 feet in width and containing at least seven shade trees and
20 shrubs will be fully credited towards afforestation and reforestation
requirements.
(2)
Canopy area of individual retained trees of 2 1/2
inches DBH outside of forest retention areas will be fully credited
towards afforestation or reforestation requirements, provided that
they do not exceed 20% of the total requirement.
(3)
Landscaping or street trees not in forest settings
will be credited towards afforestation or reforestation requirements
at a rate of 1/4 of an acre credit for each acre of canopy cover of
the landscaping or street trees at their expected twenty-year growth.
