Town of Denton, MD
Caroline County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Denton 3-7-2011 by Ord. No. 621.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Critical Area — See Chs. 43 and A129.
Land subdivision — See Ch. 73.
Stormwater management — See Ch. 106.
Zoning — See Ch. 128.
[1]
Editor's Note: This ordinance also repealed former Ch. 60, Forest Conservation, adopted 8-15-1994 by Ord. No. 326, as amended.

§ 60-1 Title; authority; jurisdiction; purpose.

A. 
Title. This chapter shall be known as the "Denton Forest Conservation Act" and shall include this chapter and a technical manual.
B. 
Legislative authority. This chapter is established as mandated by State of Maryland Natural Resources Article, §§ 5-1601 through 5-1612, of the Annotated Code of Maryland.
C. 
Jurisdiction. The provisions of this chapter shall apply to the incorporated territory of Denton, Maryland.
D. 
Purpose and intent.
(1) 
The Town Council of Denton has determined that to meet the requirements of Natural Resources Article, §§ 5-1601 through 5-1612, of the Annotated Code of Maryland, the provisions of this chapter must be enacted.
(2) 
The purpose of this chapter as stated by the Department of Natural Resources is to prohibit certain development projects from cutting or clearing certain forests within the community unless a forest stand delineation and a forest conservation plan are in effect.
E. 
Conflict with other regulations. Should this chapter be found to be in conflict with any other regulation or ordinance for the Town of Denton, the more restrictive of the two shall be deemed to control.
F. 
Compliance with this chapter. All projects that ultimately require approval of subdivision, erosion control or grading must comply with the requirements of this Denton Forest Conservation Act.

§ 60-2 Definitions.

A. 
Word usage. The following rules shall apply to this chapter:
(1) 
The words "shall" and "will" are mandatory.
(2) 
Unless the context otherwise specifies, words used in the present tense shall include the future; words used in the singular number include the plural; and words in the plural number include the singular.
(3) 
The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.
(4) 
The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," or "occupied for."
(5) 
Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either/or," the conjunction shall be interpreted as follows:
(a) 
"And" indicates that all the connected items, conditions, provisions, or events shall apply.
(b) 
"Or" indicates that the connected items, conditions, provisions, or events may apply separately or in combination.
(c) 
"Either/or" indicates that the connected items, conditions, provisions, or events shall apply separately but not in combination.
(6) 
The word "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.
(7) 
Words and terms not defined herein shall be interpreted in accordance with their normal dictionary meaning.
B. 
Terms defined. In this chapter, the following terms have the meanings indicated:
(1) 
Establishment of a biological community dominated by trees on an area from which forest cover has been absent for a long period of time; or
(2) 
Planting of open areas which are not presently in forest cover, including streetscapes, landscape buffers and areas indicated in the Comprehensive Plan for planting; or
(3) 
Establishment of a forest according to procedures set forth in the Forest Conservation Technical Manual.[1]
AGRICULTURAL ACTIVITY
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.
AGRICULTURAL AND RESOURCE AREAS
Undeveloped areas zoned for densities of less than or equal to one dwelling unit per 20 acres.
APPLICANT
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.
APPROVED FOREST MANAGEMENT PLAN
A document:
(1) 
Approved by the Department of Natural Resources forester assigned to the Town in which the property is located; and
(2) 
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.
CALIPER
The diameter measured at two inches above the root collar.
CHAMPION TREE
The largest tree of its species within the United States, the state, or the county.
COMMERCIAL AND INDUSTRIAL USES
Manufacturing operations, office complexes, shopping centers, and other similar uses and their associated storage areas, yarding, and parking areas, and corresponds to the uses in the Town of Denton Use Table of Chapter 128, Zoning.
COMMERCIAL LOGGING OR TIMBER HARVESTING OPERATIONS
Cutting and removing of tree stems from a site for commercial purposes, leaving the root mass intact.
CRITICAL HABITAT AREA
A critical habitat for an endangered species and its surrounding protection area. A critical habitat area shall:
(1) 
Be likely to contribute to the long-term survival of the species;
(2) 
Be likely to be occupied by the species for the foreseeable future; and
(3) 
Constitute habitat of the species which is considered critical under Natural Resources Article, §§ 4-2A-06 and 10-2A-06, Annotated Code of Maryland.
CRITICAL HABITAT FOR ENDANGERED SPECIES
A habitat occupied by an endangered species as determined or listed under Natural Resources Article, §§ 4-2A-04 and 10-2A-04, Annotated Code of Maryland.
(1) 
A signed and notarized statement by a landowner or the landowner's agent certifying that the activity on the landowner's property:
(a) 
Is for certain activities exempted under this chapter or Natural Resources Article, §§ 5-103 and 5-1601 through 5-1612, Annotated Code of Maryland;
(b) 
Does not circumvent the requirements of this chapter or Natural Resources Article, §§ 5-103 and 5-1601 through 5-1612, Annotated Code of Maryland; and
(c) 
Does not conflict with the purposes of any other declaration of intent; or
(2) 
The document required under COMAR 08.19.01.05 or this chapter.
DEPARTMENT OF PLANNING
Department of Planning and Codes Administration.
DEVELOPMENT PROJECT
The grading or construction activities occurring on a specific tract that is 40,000 square feet or greater in disturbance. "Development project" includes redevelopment.
DEVELOPMENT PROJECT COMPLETION
For the purposes of afforestation, reforestation, or payment into a fund:
(1) 
The release of the development bond, if required;
(2) 
Acceptance of the project's streets, utilities, and public services by the Town of Denton; or
(3) 
Designation by the Town of Denton or State of Maryland that a:
(a) 
Development project has been completed; or
(b) 
A particular stage of a staged development project, including a planned unit development, has been completed.
DIRECTOR OF PLANNING
Director of Planning and Codes Administration.
FOREST
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. "Forest" does not include orchards.
FOREST CONSERVANCY DISTRICT BOARD
The forestry board created for each state forestry conservancy district under Natural Resources Article, §§ 5-601 through 5-610, Annotated Code of Maryland.
FOREST CONSERVATION
The retention of existing forest or the creation of new forest at the levels set by the Town.
FOREST CONSERVATION AND MANAGEMENT AGREEMENT
An agreement as stated in the Tax-Property Article, § 8-211, Annotated Code of Maryland.
FOREST CONSERVATION PLAN
A plan approved pursuant to Natural Resources Article, §§ 5-1606 and 5-1607, Annotated Code of Maryland.
FOREST CONSERVATION TECHNICAL MANUAL
The technical manual incorporated by reference, and used to assist the Town in establishing standards for preparing forest stand delineations and forest conservation plans.[2]
FOREST COVER
The area of a site meeting the definition of "forest."
FOREST MANAGEMENT PLAN
A plan establishing best conservation and management practices for a landowner in assessment of the resource values of forested property.
FOREST MITIGATION BANK
An area of land which has been intentionally afforested or reforested for the express purpose of providing credits for reforestation requirements.
FOREST MITIGATION BANK AGREEMENT
An agreement entered into by an individual owning a forest mitigation bank and the Town which commits the banker to certain procedures and requirements when creating and operating the forest mitigation bank.
FOREST MITIGATION BANK PLAN
A plan submitted for approval of a forest mitigation bank to the Town by an individual proposing to establish a forest mitigation bank.
FOREST STAND DELINEATION
The methodology for evaluating the existing vegetation on a site proposed for development, as provided in the Town of Denton Forest Conservation Technical Manual.
GROWING SEASON
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) through (f).
HIGH DENSITY RESIDENTIAL AREAS
Areas zoned for densities greater than one dwelling unit per acre, including both existing and planned development and their associated infrastructure, such as roads, utilities, and water and sewer service.
INSTITUTIONAL DEVELOPMENT AREA
Schools, colleges and universities, military installations, transportation facilities, utility and sewer projects, government offices and facilities, golf courses, recreation areas, parks, and cemeteries.
INTERMITTENT STREAM
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.
LANDSCAPING PLAN
A plan:
(1) 
Drawn to scale showing dimensions and details for reforesting an area at least 35 feet wide and covering 2,500 square feet or greater in size;
(2) 
Using native or indigenous plants when appropriate; and
(3) 
Which is made part of an approved forest conservation plan.
LINEAR PROJECT
A project which:
(1) 
Is elongated with nearly parallel sides;
(2) 
Is used to transport a utility product or public service not otherwise contained in a an application for subdivision, such as electricity, gas, water, sewer, communications, trains, and vehicles; and
(3) 
May traverse fee simple properties through defined boundaries, or established easement rights.
LOCAL AGENCY
Each unit in the executive, legislative or judicial branch of a municipal government.
LOT
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 Natural Resources Article, § 5-1601, Annotated Code of Maryland, and this chapter, without an approved forest stand delineation and forest conservation plan.
MAINTENANCE AGREEMENT
The short-term management agreement associated with afforestation or reforestation plans required under Natural Resources Article, § 5-1605, Annotated Code of Maryland, and this chapter.
MINOR DEVELOPMENT PROJECT
A project on less than five acres of land containing not more than 20 lots.
MIXED USE DEVELOPMENT
A single, relatively high-density development project, usually commercial in nature, which includes two or more types of uses.
NATURAL REGENERATION
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.
(1) 
Except in agriculture and resource areas, the total area of a site, including both forested and nonforested areas, to the nearest 1/10 acre, reduced by that area where forest clearing is restricted within the boundaries of the one-hundred-year floodplain and/or Critical Areas.
(2) 
In agriculture and resource areas, the part of the total tract for which land use will be changed or will no longer be used primarily for agricultural activities, reduced by that area where forest clearing is restricted within the boundaries of the one-hundred-year floodplain and/or Critical Areas; and
(3) 
For a linear project, 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.
(1) 
An area that is inundated or saturated by surface 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."
(2) 
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 U.S. Environmental Protection Agency.
(3) 
"Nontidal wetlands" does not include tidal wetlands regulated under Natural Resources Article, Title 9, Annotated Code of Maryland.
OFF SITE
Outside of the limits of the area encompassed by the tract.
ONE-HUNDRED-YEAR FLOOD
A flood which has a one-percent chance of being equaled or exceeded in any given year. Except for Class III waters (natural trout streams), a body of water with a watershed less than 400 acres is excluded.
ONE-HUNDRED-YEAR FLOODPLAIN
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.
ON SITE
Within the limits of the area encompassed by the tract, including an area classified as a one-hundred-year floodplain.
PERENNIAL STREAM
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.
PERSON
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, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any of their affiliates, or any other entity.
PLANNED UNIT DEVELOPMENT
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 of Denton.
PROJECT PLAN
A construction, grading, or sediment control activity on an area of 40,000 square feet or greater by a local agency.
PUBLIC UTILITY
Any transmission line or electric generating station; or water, sewer, electric, gas, telephone, and television cable service line.
REFORESTATION or REFORESTED
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 establishment of a forest according to procedures set forth in the Forest Conservation Technical Manual. "Reforestation" or "reforested" includes landscaping of areas under an approved landscaping plan establishing a forest at least 35 feet wide and covering 2,500 square feet or more of area. "Reforestation" or "reforested" for a linear project involving overhead transmission lines may consist of a biological community dominated by trees and woody shrubs with no minimum height or diameter criteria.
REGULATED ACTIVITY
Any of the following activities, when that activity occurs on a unit of land which is 40,000 square feet or greater:
(1) 
Subdivision;
(2) 
Grading;
(3) 
An activity that requires a sediment control permit; or
(4) 
Project plan.
RESOURCE VARIANCE
Relief from Natural Resources Article, §§ 5-1601 through 5-1612, Annotated Code of Maryland, or this chapter.
RETENTION
The deliberate holding and protecting of existing trees, shrubs or plants on the site as determined by the Town using this chapter as a reference tool.
SEDIMENT CONTROL PERMIT
The authorization of an activity regulated under a sediment control plan as provided in the Environment Article, Title 4, Annotated Code of Maryland.
SEEDLING
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.
SELECTIVE CLEARING
The careful and planned removal of trees, shrubs, and plants using specific standards and protection measures under an approved forest conservation plan.
STREAM BUFFER
All lands lying within 50 feet, measured from the top of each normal bank of a perennial or intermittent stream. For Tier 2 streams, all lands lying within 100 feet, measured from the top of each normal bank of a perennial or intermittent stream.
SUBDIVISION
Any division of a unit of land into two or more lots or parcels; does not include administrative subdivisions that do not create new lots.
(1) 
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.
(2) 
"Timber harvesting" does not include grubbing and clearing of root mass.
TRACT
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 chapter.
TRACT FOR A PLANNED UNIT DEVELOPMENT
The entire property subject to a planned unit development.
TREE
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.
WATERSHED
All land lying within an area described as a sub-basin in water quality regulations adopted by the Department of the Environment under COMAR 26.08.02.
WHIP
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.
[1]
Editor's Note: The Forest Conservation Technical Manual is on file in the Clerk's office.
[2]
Editor's Note: The Forest Conservation Technical Manual is on file in the Clerk's office.

§ 60-3 Application; exemptions; declaration of intent.

A. 
Applicability of chapter. Except as provided in Subsection B of this section, this chapter applies to:
(1) 
A person making application for subdivision, project plan, grading or sediment control approval on units of land 40,000 square feet or greater after the effective date of this chapter.
(2) 
A public utility not exempt under Subsection B(4) and (5) of this section.
(3) 
All units of county or municipal government, including public works projects which are making application for subdivision, project plan, grading or sediment control approval on areas 40,000 square feet or greater.
B. 
Exemptions. This chapter does not apply to:
(1) 
Highway construction activities under Natural Resources Article, § 5-103, of the Annotated Code of Maryland.
(2) 
Those areas currently regulated by the Town of Denton Critical Area program (Chapter A129, Critical Area Program), including those areas into which Critical Area forest protection measures have been extended under Natural Resources Article, § 5-1602(c), Annotated Code of Maryland.
(3) 
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 Subsection C of this section, which includes:
(a) 
A statement that the landowner or landowner's agent will practice agriculture on that portion of the property for five years from the date of the declaration; and
(b) 
A sketch map of the property which shows the area to be cleared.
(4) 
The cutting or clearing necessary for public utility rights-of-way licensed under Public Utilities Article, §§ 7-207 and 7-208 or 7-205, of the Annotated Code of the Maryland or land for electric generating stations licensed under Public Utilities Article, §§ 7-207 and 7-208 or 7-205, of the Annotated Code of Maryland, if:
(a) 
Required certificates of public convenience and necessity have been issued in accordance with Natural Resources Article, § 5-1603(f), of the Annotated Code of Maryland; and
(b) 
Cutting or clearing of the forest is conducted to minimize the loss of forest.
(5) 
Routine maintenance or emergency repairs of public utility rights-of-way licensed under Public Utilities Article, §§ 7-207 and 7-208 or 7-205, of the Annotated Code of Maryland.
(6) 
Except for a public utility subject to Subsection B(4), routine maintenance or emergency repairs of a public utility right-of-way if the right-of-way existed prior to adoption of this chapter or was constructed under the approval of this chapter.
(7) 
A residential construction activity conducted on an existing single lot of any size, or a linear project not otherwise exempted under this chapter, if the activity:
(a) 
Does not result in the cumulative cutting, clearing or grading of more than 20,000 square feet of forest;
(b) 
Does not result in the cutting, clearing or grading of a forest that is subject to requirements of a previous forest conservation plan; or
(c) 
Is the subject of a declaration of intent filed with the Town, as provided for in Subsection C of this chapter, stating that the lot will not be the subject of a regulated activity within five years of the cutting, clearing or grading of the forest.
(8) 
An activity required for the purpose of constructing a dwelling intended for use by the owner or a child of the owner:
(a) 
If the work does not result in disturbing 20,000 square feet of trees or more; and
(b) 
Is the subject of a declaration of intent which states that transfer of ownership could result in loss of exemption.
(9) 
A real estate transfer to provide a security, leasehold, or other legal or equitable interest, including a transfer of title, of a portion of a lot or parcel, if:
(a) 
The transfer does not involve a change in land use, or new development or redevelopment, with associated land-disturbing activities; and
(b) 
Both the grantor and grantee file a declaration of intent, as provided for in Subsection C of this section.
C. 
Declaration of intent.
(1) 
A statement shall be filed with the Town to verify that exempted projects under Subsection B(3), (7), (8) and (9) of this section are exempt according to Natural Resources Article, §§ 5-103 and 5-1601 through 5-1612, Annotated Code of Maryland, and this chapter.
(2) 
A declaration of intent for agricultural activities may be part of an amended sediment and erosion control plan which ensure that the activity meets the conditions for an exemption as stated in Subsection B(3) of this section.
(3) 
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:
(a) 
Does not conflict with the purpose of any existing declaration of intent; and
(b) 
Complies with the applicable requirements for an exempted activity.
(4) 
This declaration of intent shall be in effect for five years. Should a regulated activity occur within these first five years, the exemption is no longer valid, and noncompliance action may be taken if the Town deems this to be appropriate action.
(5) 
Noncompliance.
(a) 
A person failing to file a declaration of intent or found in noncompliance with a declaration of intent shall be required to:
[1] 
Meet the retention, afforestation, and reforestation requirements established in § 60-3 through § 60-13.
[2] 
Be subject to other enforcement actions appropriate under Natural Resources Article, §§ 5-1601 though 5-1612, Annotated Code of Maryland, and this chapter; or
[3] 
File a declaration of intent with the Town.
(b) 
A penalty of $1 per square foot of cut or cleared forest may be imposed.

§ 60-4 General requirements.

A. 
Requirements. A person making application after the effective date of this chapter for subdivision as defined by this chapter or local agency project plan approval, a grading permit, or a sediment control permit for an area of land of 40,000 square feet or greater shall:
(1) 
Submit to the Town a forest stand delineation and a forest conservation plan for the lot or parcel on which the development is located; and
(2) 
Use methods approved by the Town to protect retained forests and trees during construction.
B. 
State funds. If a local agency or person using state funds makes application to conduct a regulated activity, the provisions of COMAR 08.19.04.01D through G apply.

§ 60-5 Forest stand delineation.

Criteria:
A. 
A forest stand delineation shall be submitted at concept plan or with submittal for preliminary approval of a project.
B. 
The delineation shall be prepared by a licensed forester, licensed landscape architect, or a qualified professional who meets the requirements stated in COMAR 08.19.06.01B.
C. 
The delineation shall be used during the preliminary review 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 Town Forest Conservation Technical Manual; and
(6) 
Other information the Town determines is necessary to implement this chapter.
D. 
If approved by the Town, a simplified delineation may be submitted for an area:
(1) 
When no forest cover is disturbed during a construction activity; or
(2) 
The area is designated to be under a long-term protective agreement.
E. 
The Town shall consider a simplified forest stand delineation complete if it includes:
(1) 
All requirements under Subsection C(1), (2), (4), (5) and (6) of this section;
(2) 
A map showing existing forest cover as verified by field inspection.
F. 
An approved forest stand delineation may remain in effect for a period not longer than five years.
G. 
Time for submittal.
(1) 
Within 30 calendar days after receipt of the forest stand delineation, the Town shall notify the applicant whether the forest stand delineation is complete and correct. This is not an approval.
(2) 
If the Town fails to notify the applicant within 30 days, the delineation shall be deemed complete and correct.
(3) 
The Town may require further information or provide for an additional 15 calendar days at any time during the initial thirty-day period, if extenuating circumstances exist.

§ 60-6 Forest conservation plan.

A. 
General provisions.
(1) 
In developing a forest conservation plan, the applicant shall give priority to techniques for retaining existing forest on the site.
(2) 
If existing forest on the site cannot be retained, the applicant shall demonstrate to the satisfaction of the Town:
(a) 
How techniques for forest retention have been exhausted;
(b) 
Why the priority forests and priority areas, as specified by Natural Resources Article, § 5-1607(c), Annotated Code of Maryland, cannot be left in an undisturbed condition:
[1] 
If priority forests and priority areas cannot be left undisturbed, how the sequence for afforestation or reforestation will be followed; and
[2] 
Where on the site the afforestation or reforestation will occur. These should be priority areas of the site.
(c) 
How the disturbance to the priority forests and priority areas specified in Natural Resources Article, § 5-1607(c)(2), Annotated Code of Maryland, qualifies for a resource variance.
(3) 
The applicant shall demonstrate to the satisfaction of the Town that the requirements for afforestation or reforestation on site or off site cannot be reasonably accomplished if the applicant proposes to make a payment into the local Forest Conservation Fund instead of or in addition to afforestation or reforestation, or to purchase credits from a forest mitigation bank.
(4) 
Nontidal wetlands. A regulated activity within the net tract area that occurs wholly or partly in areas regulated as nontidal wetlands under Natural Resources Article, §§ 8-1201 through 8-1211, Annotated Code of Maryland,[1] and COMAR 08.05.04 is subject to both the nontidal wetlands regulatory requirements and the requirements of this law, subject to the following:
(a) 
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 chapter.
(b) 
For the purpose of calculating reforestation mitigation under this chapter, a forested nontidal wetland permitted to be cut or cleared and required to be mitigated under COMAR 08.05.04 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.
(c) 
Nontidal wetlands shall be considered to be priority areas for retention and replacement.
(d) 
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.
[1]
Editor's Note: See now Environment Article, § 5-901, Annotated Code of Maryland, et seq.
B. 
Preliminary forest conservation plan.
(1) 
A preliminary forest conservation plan shall be prepared by a licensed forester, a licensed landscape architect, or a qualified professional who meets the requirements stated in COMAR 08.19.06.01B.
(2) 
A preliminary forest conservation plan shall:
(a) 
Be submitted with the preliminary plan of subdivision concept plan;
(b) 
Include the approved forest stand delineation for the site; and
(c) 
Include a table that lists the following, in square feet:
[1] 
Net tract area;
[2] 
Area of forest conservation required; and
[3] 
Area of forest conservation that the applicant proposes to provide, including both on-site and off-site areas;
(d) 
Include a clear graphic indication of the forest conservation provided on the site, drawn to scale, showing areas where retention, afforestation or reforestation are proposed to occur;
(e) 
Include an explanation of how the provisions of Subsection A of this section have been met;
(f) 
In the case of afforestation or reforestation, include a proposed afforestation or reforestation plan;
(g) 
Include a proposed construction timetable showing the sequence of forest conservation procedures;
(h) 
Show the proposed limits of disturbance;
(i) 
Show proposed stockpile areas;
(j) 
Incorporate a proposed maintenance agreement that shows how areas designated for afforestation or reforestation will be maintained to ensure protection and satisfactory establishment;
(k) 
Other information the Town determines is necessary to implement this chapter.
(3) 
The review of the preliminary forest conservation plan shall be concurrent with the review of the preliminary site plan.
(4) 
During the different stages of the review process, the preliminary forest conservation plan may be modified, provided that the Town approves of the changes.
C. 
Final forest conservation plan.
(1) 
A final forest conservation plan shall be prepared by a licensed forester, a licensed landscape architect, or a qualified professional who meets the requirements stated in COMAR 08.19.06.01A.
(2) 
A final forest conservation plan shall:
(a) 
Be submitted along with the application for final approval of the project, including final subdivision or site plan, an application for a grading permit, or an application for a sediment control permit.
(b) 
Show proposed locations and types of protective devices to be used during construction to protect trees and forests designated for conservation.
(c) 
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 of vegetation to be used.
(d) 
Incorporate a binding two-year maintenance agreement specified in COMAR 08.19.05.01 that details how the areas designated for afforestation or reforestation shall be maintained to ensure protection and satisfactory establishment, including:
[1] 
Watering; and
[2] 
A reinforcement planting provision if survival rates fall below required standards, as provided by the Town.
(e) 
Incorporate a long-term binding protective agreement as specified in COMAR 08.19.05.02 that:
[1] 
Provides protection for areas of forest conservation, including areas of afforestation, reforestation, and retention; and
[2] 
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.
(f) 
Include the substantive elements required under Subsection B(2)(b) through (e), (g) through (i) and (k) of this section, as finalized elements of the forest conservation plan.
(g) 
Other information the Town determines is necessary to implement this chapter.
(3) 
Time for submittal.
(a) 
Within 45 calendar days after receipt of the final forest conservation plan, the Town shall notify the applicant whether the forest conservation plan is complete and approved.
(b) 
If the Town fails to notify the applicant within 45 calendar days, the plan shall be treated as complete and approved.
(c) 
The Town may require further information or extend the deadline for an additional 15 calendar days should extenuating circumstances occur for the Town or the applicant.
(d) 
At the request of the applicant and under extenuating circumstances, the Town may extend the deadline.
(4) 
The review of a final forest conservation plan shall be concurrent with the review of the final approval associated with the project.
(5) 
The Town may revoke an approved forest conservation plan if it finds that:
(a) 
A provision of the plan has been violated;
(b) 
Approval of the plan was obtained through fraud, misrepresentation, a false or misleading statement, or omission of a relevant or material fact; or
(c) 
Changes in the development or in the condition of the site necessitate preparation of a new or amended plan.
(6) 
The Town may issue a stop-work order against a person who violates any provision of this chapter.
(7) 
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 Denton Town Council.

§ 60-7 Afforestation and retention.

A. 
Afforestation requirement. A person making application for a subdivision or concept plan approval, a grading permit, or a sediment control permit for an area of land of 40,000 square feet or greater shall:
(1) 
Conduct afforestation on a lot having less than 20% of its net tract area in forest cover. Afforestation up to at least 20% of the net tract area shall be required for the following land use categories:
(a) 
Agriculture and resource areas.
(b) 
All residential areas.
(2) 
Conduct afforestation on a lot having less than 15% of its net tract area in forest cover. Afforestation up to at least 15% of the net tract area shall be required for the following land use categories:
(a) 
Institutional development areas;
(b) 
High density residential areas;
(c) 
Mixed use and planned unit development areas; and
(d) 
Commercial and industrial use areas.
(3) 
Comply with the following when cutting into forest cover that is currently below the afforestation percentages described in Subsection A(1) above.
(a) 
The required afforestation level shall be determined by the amount of forest existing before cutting or clearing begins; and
(b) 
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.
B. 
Retention. 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 Town, that reasonable efforts have been made to protect them and the plan cannot be reasonably altered:
(1) 
Trees, shrubs, and plants located in sensitive areas, including the one-hundred-year floodplain, intermittent and perennial streams and their buffers, coastal bays and their buffers, steep slopes, nontidal wetlands, and critical habitats; and
(2) 
Contiguous forest that connects the largest undeveloped or most vegetated tracts of land within and adjacent to the site.
C. 
Retention requiring a resource variance. 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 Town, that the applicant qualifies for a resource variance in accordance with § 60-14 of this chapter.
(1) 
Trees, shrubs, or plants determined to be rare, threatened, or endangered under:
(a) 
The federal Endangered Species Act of 1973 in 16 U.S.C. §§ 1531 through 1544 and in 50 CFR Part 17;
(b) 
The Maryland Nongame and Endangered Species Conservation Act, Natural Resources Article, §§ 10-2A-01 through 10-2A-09, Annotated Code of Maryland; and
(c) 
COMAR 08.03.08.
(2) 
Trees that:
(a) 
Are part of a historic site, are associated with a historic structure; or
(b) 
Have been designated by the state as a national, or state champion tree; and
(3) 
Any tree having a diameter measured at 4.5 feet above the ground of:
(a) 
Thirty inches or more; or
(b) 
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.

§ 60-8 Forest conservation threshold.

A. 
There is a forest conservation threshold established for all land use categories, as provided in Subsection B of this section. The forest conservation threshold means the percentage of the net tract area at which the reforestation requirement changes from a ratio of 1/4:1, which is 1/4 acre planted for each one acre removed, to a ratio of 2:1, which is two acres planted for each acre removed. The 1/4:1 ratio shall be used when the existing trees are removed, leaving trees in percentages higher than the thresholds listed in Subsection B. The ratio of 2:1 shall be required for existing trees removed, exceeding these thresholds. Both the ratios can apply in some instances.
B. 
After reasonable efforts to minimize the cutting or clearing of trees and other woody vegetation has been exhausted, the Forest Conservation Plan shall provide for reforestation. This shall be done according to the formula set forth in this section and the following forest conservation thresholds. If a forest conservation plan is not provided, there may be payment into the Town's Forest Conservation Fund, as described in § 60-10.
Category of Use
Threshold Percentage
Agricultural and resource areas
50%
Institutional development areas
20%
High-density residential areas
20%
Mixed use and planned unit development areas
15%
Commercial and industrial use areas
15%
C. 
Calculations.
(1) 
All existing forest cover shall be measured to the nearest 1/10 acre on the net tract area when determining percentage for the threshold applicable.
(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.
(3) 
For all existing forest cover cleared on the net tract area below the applicable forest conservation threshold, the acre of forest removed shall be reforested at a ratio of 2 acres planted for each acre removed below the threshold.

§ 60-9 Priorities and time requirements for afforestation and reforestation.

Sequence for afforestation and reforestation.
A. 
After techniques for retaining existing forest on the site have been exhausted, the preferred sequence for afforestation and reforestation 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 in diameter measured at 4.5 feet above the ground;
(3) 
On-site afforestation or reforestation, using whip and seedling stock;
(4) 
Landscaping of areas under an approved landscaping plan which establishes a forest that is at least 35 feet wide and covering 2,500 square feet or more of area;
(5) 
Off-site afforestation or reforestation, using transplanted or nursery stock that is greater than 1.5 inches in diameter measured at 4.5 feet above the ground in areas designated by the Comprehensive Plan. Afforestation may be accomplished with street tree plantings;
(6) 
Off-site afforestation or reforestation, using transplanted or nursery stock that is greater than 1.5 inches in 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; and
(9) 
Natural regeneration off site.
B. 
During site or subdivision plan review a sequence other than the one described in Subsection A may be used to achieve the objectives of land use plans or land use policies to take advantage of opportunities to consolidate forest conservation efforts.
C. 
Off-site afforestation or reforestation may include the use of forest mitigation banks which have been so designated in advance by the Town.
D. 
The following are also considered priorities for afforestation and reforestation:
(1) 
Establishing or enhancing forest buffers adjacent to intermittent and perennial streams to widths of at least 50 feet and 100 feet for Tier 2 streams.
(2) 
Establishing or enhancing nonforested areas on one-hundred-year floodplains, when appropriate.
(3) 
Establishing or increasing existing forested corridors to connect existing forests within or adjacent to the site. Forested corridors should be a minimum of 300 feet in width to facilitate wildlife movement whenever practical.
(4) 
Establishing or enhancing forest buffers adjacent to critical habitats, where appropriate.
(5) 
Establishing 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) 
Establishing buffers adjacent to areas of differing land use, when appropriate, or adjacent to highways or utility rights-of-way.
(7) 
Establishing forest areas adjacent to existing forests to increase the overall area of contiguous forest cover, when appropriate.
(8) 
Using native plant materials for afforestation or reforestation, when appropriate.
E. 
A person required to conduct afforestation or reforestation under this section shall accomplish it within one year or two growing seasons, whichever is a greater time period. The time begins at project completion, which shall be a date determined by the Town.

§ 60-10 Payment into Forest Conservation Fund in lieu of afforestation and reforestation.

A. 
There is established a Forest Conservation Fund in this Town program, payment into which must be approved by the Town.
B. 
If a person subject to this chapter demonstrates to the satisfaction of the Town that requirements for reforestation or afforestation on site and/or off site cannot be reasonably accomplished, the person shall contribute money into the Town Forest Conservation Fund.
(1) 
For a project inside a priority funding area, as defined in Natural Resources Article, § 5-1610, Annotated Code of Maryland, at a rate of $0.30 per square foot of the area of required planning until September 30, 2014, when the amount shall be adjusted for inflation as determined by the Department annually by regulation; and
(2) 
For a project outside a priority funding area, at a rate of $0.36 per square foot of the area of required planting until September 30, 2014, when the amount shall be 20% higher than the rate established for a project inside a priority funding area.
C. 
Money contributed in lieu of afforestation or reforestation under this section shall be paid at the time the development project is approved by the Town.
D. 
The Town shall accomplish the reforestation or afforestation for which the money is deposited within three years or six growing seasons, whichever is a greater time period, after receipt of the money.
E. 
Money deposited in the Town Forest Conservation Fund:
(1) 
May be spent on the costs directly related to reforestation and afforestation, including site identification, acquisition, preparation, maintenance of existing forests, and achieving urban canopy goals;
(2) 
Shall be deposited in a separate Forest Conservation Fund; and
(3) 
Shall never revert to the general fund.
F. 
Sites for afforestation or reforestation using fund money.
(1) 
Except as provided in Subsection F(2), the reforestation or afforestation requirement under this chapter shall occur in the Town and watershed in which the project is located; except
(2) 
If the reforestation or afforestation cannot be reasonably accomplished in the Town, in which the project is located, then the reforestation or afforestation shall occur in the county or watershed in which the project is located.

§ 60-10.1 Payment by credits from a forest mitigation bank.

Use of a forest mitigation bank.
A. 
If a person subject to this chapter demonstrates to the satisfaction of the Town that requirements for reforestation or afforestation on site or off site cannot be reasonably accomplished, the person may contribute credits from a forest mitigation bank. A credit is required for each tenth of an acre of an area of required planting.
B. 
The credits shall be debited from an approved forest mitigation bank within 90 calendar days after development project completion.

§ 60-10.2 Establishing forest mitigation banks.

A. 
A person may create a forest mitigation bank from which applicants may purchase credits to meet the afforestation and reforestation requirements of this chapter.
B. 
The forest mitigation bank shall:
(1) 
Afforest or reforest an area of land in accordance with a forest mitigation bank agreement.
(2) 
Be protected by an easement, deed restrictions, or covenants which require the land in the bank to remain forested in perpetuity and are enforceable by the Town and the Department of Natural Resources.
(3) 
Limit the use of the land in the bank to those activities which are not inconsistent with forest conservation such as recreational activities, forest management under a forest conservation and management program under Tax-Property Article, § 8-211, Annotated Code of Maryland, or activities specified in a forest management plan prepared by a licensed forester and approved by the Town.
(a) 
Use native plant materials for afforestation or reforestation unless inappropriate; and
(b) 
Cause trees to be planted which:
[1] 
Establish or enhance forested buffers adjacent to intermittent and perennial streams and coastal bays to widths of at least 50 feet;
[2] 
Establish or increase existing forested corridors, which, where practical, should be a minimum of 300 feet in width to facilitate wildlife movement, to connect existing forests within or adjacent to the site;
[3] 
Establish or enhance forest buffers adjacent to critical habitats, where appropriate;
[4] 
Establish or enhance forested areas in one-hundred-year floodplains;
[5] 
Stabilize slopes of 25% or greater;
[6] 
Stabilize slopes of 15% or greater with a soil K value greater than 0.35, including the slopes of ravines or other natural depressions;
[7] 
Establish buffers adjacent to areas of differing land use, where appropriate, or adjacent to highways or utility rights-of-way; or
[8] 
Establish forest areas adjacent to existing forests to increase the overall area of contiguous forest cover, when appropriate.
(c) 
A person proposing to create a forest mitigation bank shall submit to the Town a:
[1] 
Completed application on a form approved by the Town which has been signed by an authorized individual in conformance with COMAR 08.19.04.02(I).
[2] 
Forest mitigation bank plan which contains a:
[a] 
Vicinity map of the proposed mitigation bank site;
[b] 
Simplified forest stand delineation which meets the criteria in COMAR 08.19.04.02;
[c] 
Detailed afforestation or reforestation plan, which shall include a timetable and description of the site and soil preparation needed, species, size, and spacing to be utilized, prepared by a licensed Maryland forester, a licensed landscape architect, or a qualified professional who meets the requirements stated in COMAR 08.19.06.01(A);
[d] 
Proposed two-year maintenance agreement that:
[i] 
Sets forth how the areas afforested or reforested will be maintained to ensure protection and satisfactory establishment;
[ii] 
Complies with COMAR 08.19.04.05C(4)(a); and
[iii] 
Includes watering and reinforcement planting provisions if survival falls below required standards.
[3] 
Copy of the deed to the property.
[4] 
Survey or other legally sufficient description of the bank site for inclusion in the deeds of easement, deed restrictions, or covenants.
[5] 
Title report or other assurance that:
[a] 
The property is not encumbered by any covenants or other types of restrictions which would impair the property's use as a forest mitigation bank; and
[b] 
There is legally sufficient access to the forest mitigation bank site which can be used by the Town and its assignees to inspect the forest mitigation bank.
[6] 
Description of the system to be used by the person owning and operating the forest mitigation bank to identify and keep track of which portions of the bank have been debited to meet an applicant's off-site afforestation or reforestation requirements.
(d) 
The owner of an approved forest mitigation bank shall enter into an agreement with the Town which contains:
[1] 
The approved reforestation or afforestation plan;
[2] 
The approved system for marking and tracking which portions of the bank have been debited; and
[3] 
An acknowledgement that the bank may not debit any portion of the afforested or reforested land until two years of successful growth have been achieved, unless the banker has posted a bond or alternate form of security.

§ 60-11 Recommended tree species.

Tree species used for afforestation or reforestation shall be native to the area, when appropriate, and selected from a list of approved species by the District Forester for DNR and approved by the Town.

§ 60-12 Financial security for afforestation and reforestation.

A. 
A person required to conduct afforestation or reforestation shall furnish financial security in the form of a bond, an irrevocable letter of credit, or other security approved by the Town. 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 the estimated cost, as determined by the Town, of afforestation, reforestation, and maintenance; and
(3) 
Be in a form and of a content approved by the Town.
B. 
After one growing season, the person required to file a bond under Subsection A(1) of this section may request reduction of the amount of the bond or other financial security by submitting a written request to the Town with a justification for reducing the bond or other financial security amount, including estimated or actual costs to ensure afforestation or reforestation requirements are met.
C. 
The Town shall determine whether a lesser amount is sufficient to cover the cost of afforestation or reforestation, taking into account the following:
(1) 
The number of acres.
(2) 
The proposed method of afforestation or reforestation.
(3) 
The cost of planting or replacement materials.
(4) 
The cost of maintenance of the project.
(5) 
Other relevant factors.
D. 
If, after two growing seasons, the plantings associated with the afforestation or reforestation meet or exceed the standards of the Town, the amount of the cash bond, letter of credit, surety bond, or other security shall be returned or released.

§ 60-13 Standards for protecting trees from construction activities.

Before cutting, clearing, grading, or construction begins on a site for which a forest conservation plan is required by this chapter, the applicant shall demonstrate to the Town that protective devices have been established to the Town's satisfaction for retention areas.

§ 60-14 Resource variances procedures.

A. 
A person may request a resource variance from this chapter, if the person demonstrates that enforcement would cause practical difficulty as demonstrated by law or would result in unwarranted hardship to the person.
B. 
Standards for granting a resource variance shall be as follows:
(1) 
Strict enforcement of this chapter would produce unnecessary and undue hardship as distinguished from variations sought by applicants for purposes or reasons of convenience, profit or caprice.
(2) 
Such hardship is the result of special conditions and/or circumstances not generally shared by other properties in the vicinity, and which are peculiar to the land or structure involved.
(3) 
Such special conditions or circumstances must not be the result of any action or actions of the applicant.
(4) 
Granting of the resource variance must be in harmony with the general purpose and intent of this chapter and the Comprehensive Plan for the Town and must not be injurious to adjacent property, the character of the neighborhood or the public welfare.
(5) 
Granting the resource variance shall not allow a use expressly or by implication prohibited in the district involved.
(6) 
The condition, situation or intended use of the property concerned is not of so general or recurring a nature as to make practicable a general amendment to this chapter.
(7) 
The resource variance granted must be the minimum necessary to afford relief.
(8) 
The resource variance will not adversely affect water quality.
C. 
The Town shall make findings that the applicant has met the requirements in Subsections A and B before the Town may grant a resource variance.
D. 
Notice of a request for a resource variance shall be given by the Town to the Department of Natural Resources within 15 days of receipt of a request for a resource variance.
E. 
There is established by this chapter 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 resource variance under Natural Resources Article, §§ 5-1601 through 5-1612, Annotated Code of Maryland, or this chapter.
F. 
Process for hearings shall be in accordance with § 60-15.

§ 60-15 Requirements for public notice.

A. 
Procedure. Unless otherwise expressly provided by law, all notices to the general public required by the terms of this chapter shall be made by posting the property affected or to be affected by the pending proceeding as follows:
(1) 
Such posting shall be made at least 14 days prior to the hearing date by erection of a sign to be furnished by the Department of Planning. Such sign shall be continuously posted until the date of the hearing and shall not be removed until five days after the final decision is rendered by the appropriate administrative board. Such sign shall be erected by the Town within 10 feet of whatever boundary line of such land abuts the most traveled public road and if no public road abuts thereon, then facing in such a manner as most readily may be seen by the public as designated by the Director of Planning, and shall bear the words:
PUBLIC HEARING NOTICE
Project Number:
pending
(Site Plan or Subdivision Number)
Project Description:
Call:
for information
(Department of Planning telephone number)
(2) 
The blanks shall be filled in with the assigned project number, a short description of the nature of the proceeding, and the Department of Planning and Codes telephone number to provide information regarding the proceeding. The sign shall be furnished by the Department of Planning to the petitioner and erected by the initiator upon payment of a nonrefundable deposit of $10. The sign shall be returned by the petitioner as a condition of approval by the appropriate administrative board.
B. 
Public hearing. All proceedings under the terms of this chapter requiring a public hearing shall be advertised by the Town, once a week for two successive weeks in a newspaper of general circulation in the Town, with the first such advertisement at least 14 days prior to the public hearing, the cost for which publication shall be borne by the petitioner and paid prior to the date the proceeding is scheduled for hearing, which advertisement shall state the following:
(1) 
The date, time and place of such hearing.
(2) 
A summary of the purpose of the proceeding in sufficient detail to inform the public of the nature of the proceeding and the relief sought by the initiator of the proceeding.
(3) 
The location of the property involved, its area, name of owner and petitioner, and project number of the proceeding, and the name of the governmental body before which such proceeding is to be conducted.
(4) 
Any other information deemed necessary by the Director of Planning to adequately inform the public of the proceeding.
C. 
Public notice. Whenever the application of this chapter requires the holding of a public hearing, the petitioner requesting such hearing shall give at least 14 days' notice of the time and place of such hearing, to be mailed by certified U.S. mail, first-class postage prepaid by the petitioner, to the owners of all property within 200 feet of the property with which the hearing is concerned. Said mailed notice shall be directed to the address to which the real estate tax bill on the property is sent. Said mailed notice shall contain the same information as the published notice required by Subsection B of this section. Proof of certified mailing shall be submitted to the Department of Planning prior to the date on which the proceeding is scheduled. Failure to provide proof of certified mailing shall delay the proceeding.
D. 
The Department of Planning shall provide a complete, accurate and up-to-date list of all such property owners that require notice. Failure of a person to receive the notice or accept service prescribed in this section shall not impair the validity of the hearing.

§ 60-16 Violations and penalties.

A. 
Noncompliance fees.
(1) 
A person found to be in noncompliance with this chapter, the regulations adopted with this chapter, the forest conservation plan, or the associated maintenance agreement shall be assessed by the Town the penalty of $1 per square foot of the area found to be in noncompliance with required forest conservation defined herein.
(2) 
Money collected under Subsection A(1) shall be deposited in the Forest Conservation Fund as required by § 60-10 of this chapter and used by the Town for purposes related to the implementation of this chapter.
B. 
Violation.
(1) 
In addition to the provisions under Subsection A, a person who violates a provision of this chapter, regulation, or order adopted or issued under this chapter, is liable for a penalty not to exceed $1,000, which may be recovered through the means indicated in Chapter 20, Infractions; General Penalty, of the Code of the Town of Denton.
(2) 
Each day a violation continues is a separate violation.
C. 
The Town may seek an injunction requiring the person to cease and take corrective action to restore or reforest an area.

§ 60-17 Documentation and inventory.

A. 
Annual report.
(1) 
On or before March 1 of each year, the Town shall submit to the Department of Natural Resources a report on:
(a) 
The number, location, and type of projects subject to the provisions of this chapter.
(b) 
The amount and location of acres cleared, conserved, and planted in connection with a development project.
(c) 
The amount of reforestation and afforestation fees and noncompliance penalties collected and expended.
(d) 
The costs of implementing the Forest Conservation Program.
(e) 
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.
(f) 
Number of acres debited from each forest mitigation bank since the last annual report.
(g) 
Forest mitigation banks inspected since the last annual report.
(2) 
The size and location of all conserved and planted forest areas shall be submitted in an electronic geographic information system or computer-aided design format, if possible. If not possible, the location shall be given by Maryland State plane grid coordinates and eight-digit subwatershed.
B. 
Documentation. The Town shall submit the necessary documentation to the Department of Natural Resources to comply with COMAR 08.19.02.04 — Forest Conservation.
C. 
Forest resource inventory. The Department of Natural Resources shall prepare and provide to the Town a statewide forest resource inventory that includes:
(1) 
A list of potential sites for reforestation or afforestation of both publicly and privately owned land on a county-by-county basis; and
(2) 
The Department of Natural Resources shall update the statewide forest resource inventory at least every five years.