A. 
There is established a Forest Conservation Fund in the local program.
B. 
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.
C. 
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.
D. 
Money deposited in the local Forest Conservation Fund:
(1) 
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;
(2) 
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.
(3) 
Shall be deposited in a separate Forest Conservation Fund; and
(4) 
May not revert to the general fund.
E. 
Sites for afforestation or reforestation using fund money shall be located within the boundaries of the Town of Bel Air.
A. 
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.
B. 
The following conditions must exist on a proposed off-site protection site:
(1) 
The site must have forest cover in excess of the minimum forest conservation threshold for the site; and
(2) 
The forest cover must not be protected through an existing long-term binding agreement related to tree retention.
C. 
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.
D. 
Off-site protection shall be at a protection-to-reforestation/afforestation ratio of 2:1.
E. 
The forest conservation plan shall include:
(1) 
All simplified forest stand delineation requirements as noted in Article V, § 216-8E of this chapter;
(2) 
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
(3) 
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.
F. 
Sites designated for off-site protection shall be located within the boundaries of the Town of Bel Air.