If a person subject to this chapter demonstrates to the satisfaction
of the Department that requirements for reforestation or afforestation
on site or off site cannot be reasonably accomplished, the person
shall contribute money, at a rate of $0.40 per square foot of the
area of required planting, into the Town Forest Conservation Fund.
Money contributed instead of afforestation or reforestation under
this article shall be paid within 90 calendar days after execution
of the public works agreement or prior to issuance of any permit as
determined in the sole discretion of the Zoning Administrator.
May be spent on the costs directly related to reforestation and afforestation,
including site identification, acquisition, preparation, maintenance
of existing forest and achieving urban canopy goals and/or;
May be spent on the costs directly related to individual tree plantings
in public and private rights-of-way, and on public lands, including
site identification, acquisition, preparation and tree maintenance.
If a person subject to this chapter demonstrates to the satisfaction of the Department that the requirements for reforestation or afforestation cannot be met in accordance with the preferred sequence for afforestation or reforestation as described in Article IX, § 216-15, of this chapter, a person may request the option to protect an existing forested area off site as a means of meeting the afforestation or reforestation requirement for a proposed development site.
A forest conservation plan for the off-site protection site 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.
A site plan indicating all existing protection areas, an area equal
to the minimum conservation threshold for the site, and the proposed
area of protection at an amount equal to or greater than the required
amount of afforestation or reforestation for the development site;
and
A long-term protective agreement for the area equal to the minimum forest conservation threshold and the offsite protection area as described in Article VI, § 216.11B(5) of this chapter.