A person making application after the effective date of this chapter for subdivision or project plan approval, a grading permit, or a sediment control permit for an area of land of 40,000 square feet or greater, shall:
A. 
Conduct afforestation on the lot or parcel in accordance with the following:
(1) 
A tract having less than 20% of the net tract area in forest cover shall be afforested up to at least 20% of the net tract area for residential areas;
(2) 
A tract with less than 15% of its net tract area in forest cover shall be afforested up to at least 15% of the net tract area for commercial and industrial use areas;
B. 
Comply with the following when cutting into forest cover that is currently below the afforestation percentage described in § 216-12A(1) and (2) of this article:
(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 two-to-one 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.
[Amended 9-2-2014 by Ord. No. 768-14]
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 Department, that the applicant qualifies for a variance in accordance with § 216-21 of this chapter.
A. 
Sensitive areas.
(1) 
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;
(2) 
Contiguous forest that connects the largest undeveloped or most vegetated tracts of land within and adjacent to the site;
B. 
Trees, shrubs, or plants determined to be rare, threatened, or endangered under:
(1) 
The federal Endangered Species Act of 1973 in 16 U.S.C. §§ 1531 through 1544 and in 50 CFR Part 17;
(2) 
The Maryland Nongame and Endangered Species Conservation Act, Natural Resources Article, §§ 10-2A-01 through 10-2A-09, Annotated Code of Maryland, and
(3) 
COMAR 08.03.08;
C. 
Trees that:
(1) 
Are part of an historic site,
(2) 
Are associated with an historic structure; or
(3) 
Have been designated by the state or the Department as a national, state, county or Town champion tree; and
D. 
Any tree having a diameter measured at 4.5 feet above the ground of:
(1) 
Thirty inches or more; or
(2) 
Seventy-five percent or more of the diameter, measured at 4.5 feet above the ground, of the current State champion tree of that species as designated by the Department of Natural Resources.