[HISTORY: Adopted by the Mayor and Council
of the Town of Leonardtown 1-13-2014 by Ord. No. 160. Amendments noted where applicable.]
The Leonardtown Town Council has enacted this chapter for the
purpose of prohibiting certain development projects from cutting or
clearing forest within the Town of Leonardtown unless a forest stand
delineation and a forest conservation plan are in effect, and requiring
the afforestation of sites presently without forest. In accordance
with the requirements of the Natural Resources Article of the Annotated
Code of Maryland, §§ 5-1601 through 5-1612, the provisions
of this chapter are enacted.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
A document:
The trunk diameter measured at two inches above the root
collar.
Manufacturing operations, office complexes, shopping centers
and other similar uses and their associated storage areas, yards and
parking areas, and corresponds to Highway Commercial, Commercial Office
and General Commercial Zoning Districts.
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 of the Annotated Code of Maryland,
§§ 4-2A-04 and 10-2A-06.
A habitat occupied by an endangered species as determined
or listed under the Natural Resources Article of the Annotated Code
of Maryland, §§ 4-2A-04 and 10-2A-04.
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 chapter or the
Natural Resources Article of the Annotated Code of Maryland, §§ 5-103
and 5-1601 through 5-1612.
Does not circumvent the requirements of this chapter or the
Natural Resources Article of the Annotated Code of Maryland, §§ 5-103
and 5-1601 through 5-1612.
Does not conflict with the purposes of any other declaration
of intent; and
The document required under COMAR 08.19.01.05 or this chapter.
For the purposes of afforestation, reforestation or payment
into a fund:
The forestry board created for each state forestry conservancy
district under the Natural Resources Article of the Annotated Code
of Maryland, §§ 5-601 through 5-610.
The retention of existing forest or the creation of new forest
at the levels set by the state or the Planning Office.
An agreement as stated in the Tax-Property Article of the
Annotated Code of Maryland, § 8-211.
A plan approved pursuant to the Natural Resources Article
of the Annotated Code of Maryland, §§ 5-1606 and 5-1607.
The technical manual 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 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 Leonardtown, which commits the banker
to certain procedures and requirements when creating and operating
the forest mitigation bank.
A plan for approval of a forest mitigation bank submitted
to the Town of Leonardtown, by an individual proposing to establish
a forest mitigation bank.
The methodology for evaluating the existing vegetation on
a site proposed for development, as provided in the Forest Conservation
Manual.
The period of consecutive frost-free days as stated in the
current soil survey for St. Mary's County published by the National
Cooperative Soil Survey Program, 16 U.S.C. § 590(a) through
(f).
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. These include zoning categories R-SF, R-MF, and PUD-M
within the Town limits.
Schools, colleges and universities, military installations,
hospitals, transportation facilities, utility and sewer projects,
government offices and facilities, golf courses, recreation areas,
parks and cemeteries.
A stream in which surface water is absent during a part of
the year as shown on the most recent seven-and-five-tenths-minute
topographic quadrangle published by the United States Geologic Survey
as confirmed by field verification.
A plan:
A project which:
Is elongated with nearly parallel sides;
Is used to transport a utility product or public service not
otherwise contained in an application for subdivision, such as electricity,
gas, water, sewer, communications, trains, and vehicles; and
May traverse fee simple properties through defined boundaries,
or established easement rights.
All units in the executive, legislative and judicial branch
of the municipal government, including the 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 of the Annotated Code of Maryland,
§ 5-1601, and this chapter, without an approved forest stand
delineation and forest conservation plan.
The short-term management agreement associated with afforestation
or reforestation plans required under the Natural Resources Article
of the Annotated Code of Maryland, § 5-1605, and this chapter.
Areas zoned for densities greater than one dwelling unit
per five acres and less than or equal to one dwelling unit per acre,
including both existing and planned development and their associated
infrastructure, such as roads, utilities, and water and sewer service.
A project:
A single, relatively high-density development project, usually
commercial in nature, which includes two or more types of uses. These
include zoning categories C-B, C-O, C-H, C-M and C-SC within the town
limits.
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 agriculture and resource areas, the total area of
a site, including both forested and nonforested areas, to the nearest
1/10 acre, reduced by the area found to be within the boundaries of
the one-hundred-year floodplain; and
In agriculture and resource areas, the part of the total tract
for which land use will be changed or will no longer be used for primarily
agricultural activities, reduced by that area where forest clearing
is restricted by another local ordinance or program; and
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.
An area that is:
Inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and which under normal conditions
does support, a prevalence of vegetation typically adapted for life
in saturated soil conditions, commonly known as "hydrophytic vegetation";
and
Considered a nontidal wetland in accordance with the publication
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.
Does not include tidal wetlands regulated under the Natural
Resources Article, Title 9, of the Annotated Code of Maryland.
Outside of the limits of the area encompassed by the tract.
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.
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
any area classified as a one-hundred-year floodplain.
A stream containing surface water throughout an average rainfall
year, as shown on the most recent seven-and-five-tenths-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, 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.
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 Leonardtown, with at least 20% of the land permanently dedicated
to open space, and corresponds to the PUD-5 Zoning District.
The office of the Town of Leonardtown charged with implementing
the local forest conservation program.
An area designated as a priority funding area under § 5-7b-02
of the State Finance and Procurement Article of the Annotated Code
of Maryland.
A construction, grading, or sediment control activity on
an area of 40,000 square feet or greater, conducted by a local or
state agency.
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 trunk 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.
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.
For a linear project involving overhead transmission lines,
reforestation may consist of a biological community dominated by trees
and woody shrubs with no minimum height or diameter criteria.
Any of the following activities, when that activity occurs
on a unit of land which is 40,000 square feet or greater:
Areas zoned for only residential use and which correspond
to the R-SF Single-Family Residential and R-MF Multiple-Family Residential
Zoning Districts.
The deliberate holding and protecting of existing trees,
shrubs or plants on the site according to established standards as
provided in the Forest Conservation Manual.
The authorization of an activity regulated under a sediment
control plan as provided in the Environment Article, Title 4, of the
Annotated Code of Maryland.
An unbranched woody plant, less than 24 inches in height
and having a trunk 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 50 feet, measured from the top of
each normal bank, of a perennial or intermittent stream.
An activity that:
Is designed to stabilize stream banks or enhance stream function
or habitat located within an existing stream, waterway or floodplain.
Avoids and minimizes impacts to forests and provides for replanting
on-site an equivalent number of trees to the number removed by the
project.
May be performed under a municipal separate storm sewer system
permit, a watershed implementation plan growth offset or another plan
administered by the state or local government to achieve or maintain
water quality standards.
Is not performed to satisfy stormwater management, wetlands
mitigation or any other regulatory requirement associated with proposed
development activity.
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.
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.
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 trunk diameter of less than one inch measured at two
inches above the root collar.
A.
Except as provided in Subsection B of this section, this chapter applies to:
(1)
A person making application for a 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.
(3)
A unit of county or municipal government, including a public utility
or public works project, making application for a subdivision, project
plan, grading or sediment control approval on areas 40,000 square
feet or greater.
B.
This
chapter does not apply to:
(1)
Highway construction activities under the Natural Resources Article
of the Annotated Code of Maryland, § 5-103.
(2)
Areas governed by the Chesapeake Bay Critical Area Protection Law,
Natural Resources Article, §§ 8-1801 through 8-1817,
of the Annotated Code of Maryland, 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)
Commercial logging and timber harvesting operations, including harvesting
conducted subject to the forest conservation and management program
under the Tax-Property Article, § 8-211, of the Annotated
Code of Maryland, that are completed:
(4)
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 § 80-4 of this chapter, which includes:
(5)
The cutting or clearing of public utility rights-of-way licensed
under the Annotated Code of Maryland, Article 78, §§ 54A
and 54B or § 54-I, or land for electric generating stations
licensed under the Annotated Code of Maryland, Article 78, §§ 54A
and 54B or § 54-I, if:
(6)
Routine maintenance or emergency repairs of public utility rights-of-way
licensed under Article 78, §§ 54A and 54B or § 54-I,
of the Annotated Code of Maryland.
(7)
Except for a public utility subject to Subsection B(6) of this section, routine maintenance or emergency repairs of a public utility right-of-way if:
(8)
A residential construction activity conducted on an existing single
lot of any size of record at the time of application, or linear project
not otherwise exempted under this chapter, if the activity:
(9)
Strip or deep mining of coal regulated under the Natural Resources
Article, Title 7, Subtitle 5 or 5A, of the Annotated Code of Maryland.
(10)
Noncoal surface mining regulated under the Natural Resources Article,
Title 7, Subtitle 6A, of the Annotated Code of Maryland.
(11)
An activity required for the purpose of constructing a dwelling house
intended for the use of the owner, or a child of the owner, if the
activity:
(12)
A preliminary plan of subdivision or a grading or sediment control
plan approved before July 1, 1991.
(14)
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:
(15)
An activity on a previously developed area covered by impervious
surface and located in the priority funding area.
(16)
Maintenance or retrofitting of a stormwater management structure
that may include clearing of vegetation or removal and trimming of
trees, so long as the maintenance or retrofitting is within the original
limits of disturbance for construction of the existing structure or
within any maintenance easements for access to the structure.
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 through 5-1612, of the Annotated Code of Maryland, and
this chapter.
C.
The
declaration of intent is effective for five years.
D.
The
existence of a declaration of intent does not preclude an exempted
activity on the property subject to a declaration of intent, if the
activity:
E.
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:
F.
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 chapter are satisfied.
G.
The Planning Office may require a person failing to file a declaration
of intent or found in noncompliance with a declaration of intent to:
(2)
Pay a noncompliance fee of $0.30 per square foot of forest cut or
cleared under the declaration of intent;
(3)
Be subject to other enforcement actions appropriate under the Natural
Resources Article, §§ 5-1601 through 5-1612, of the
Annotated Code of Maryland, and this chapter; or
(4)
File a declaration of intent with the Planning Office.
H.
In its determination of appropriate enforcement action, the Department
may consider whether failure to file a declaration of intent by a
person required to file is a knowing violation of this chapter.
I.
Commercial logging and timber harvesting. The requirements for a
declaration of intent may be satisfied by a forest management plan
for the entire tract, prepared by a forester licensed in Maryland
according to the Business Occupations and Professions Article, Title
7, Annotated Code of Maryland, which outlines management practices
needed to meet the stated objectives for a minimum of five years.
A.
A
person making application after the effective date of January 1, 1993,
for subdivision or local agency project plan approval, a grading permit,
or a sediment control permit, or a sediment control permit for an
area of land 40,000 square feet or greater shall:
(1)
Submit to the Planning Office 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 Planning Office, as provided in the Forest
Conservation Manual, 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 08.19.04.01D through
G apply.
A.
A
forest stand delineation shall be submitted at the initial stages
of subdivision or project plan approval, before a grading permit application,
or before a sediment control application is submitted for the tract
being developed.
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 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.
(6)
Other information the Planning Office determines is necessary to
implement this chapter.
D.
If
approved by the Planning Office, a simplified delineation, a concept
plan or plat, preliminary plat or plan, sediment control plan, or
other appropriate document, verified by a site visit, if appropriate,
may substitute for the forest stand delineation if:
E.
The
Planning Office shall consider a simplified forest stand delineation
complete, or other substitute plan as described above, complete if
it includes:
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 Planning Office shall notify the applicant whether the forest
stand delineation is complete and correct.
(2)
If the Planning Office fails to notify the applicant within 30 days,
the delineation shall be treated as complete and correct.
(3)
The Planning Office may require further information or provide for
an additional 15 calendar days under extenuating circumstances and
will notify the applicant in such case.
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 Planning Office:
(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), of the Annotated Code of
Maryland, cannot be left in an undisturbed condition.
(a)
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,
of the Annotated Code of Maryland.
(b)
Where on the site in priority areas afforestation or reforestation
will occur in compliance with the Natural Resources Article § 5-1607,
of the Annotated Code of Maryland.
(3)
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 variance.
C.
The
applicant shall demonstrate to the satisfaction of the Planning Office
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 or to purchase
credits from a forest mitigation bank.
D.
Nontidal
wetlands. A regulated activity within the net tract area that occurs
wholly or partly in areas regulated as nontidal wetlands under Environment
Article, Title 9, Annotated Code of Maryland, is subject to both the
nontidal wetlands regulatory requirements and the requirements of
this chapter, 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 chapter.
(2)
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.
(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 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.
B.
A
preliminary forest conservation plan shall:
(1)
Be submitted with the preliminary plan of subdivision or proposed
project plan.
(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)
Information required in the Forest Conservation Technical Manual.
(12)
Other information the Planning Office determines is necessary to
implement this chapter.
C.
The
review of the preliminary forest conservation plan shall be concurrent
with the review of the preliminary site plan.
D.
During
the different stages of the review process, the preliminary forest
conservation plan may be modified provided the Planning Office approves
of the changes.
A.
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 08.19.06.01B.
B.
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 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 as specified
in COMAR 08.19.05.02 that:
(a)
Provides protection for areas of forest conservation, including areas
of afforestation, reforestation and retention; and
(b)
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.
(7)
Include other information the Planning Office determines is necessary
to implement this chapter.
C.
Time
for submittal.
(1)
Within 45 calendar days after receipt of the final forest conservation
plan, the Planning Office shall notify the applicant whether the forest
conservation plan is complete and approved.
(2)
If the Planning Office fails to notify the applicant within 45 calendar
days, the plan shall be treated as complete and approved.
(3)
The Planning Office may require further information or extend the
deadline for an additional 15 calendar days under extenuating circumstances
and will notify the applicant in such case.
(4)
At the request of the applicant, the Planning Office may extend the
deadline under extenuating circumstances.
D.
The
Planning Office's review of a final forest conservation plan shall
be concurrent with the review of the final subdivision or project
plan, grading permit application or sediment control application associated
with the project.
E.
The
Planning Office 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.
F.
The
Planning Office may issue a stop-work order against a person who violates
a provision of this chapter or a regulation, order, approved forest
conservation plan or maintenance agreement.
G.
Before
revoking approval of a forest conservation plan, the Planning Office
shall notify the violator, in writing, and provide an opportunity
for a hearing.
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.
B.
Comply with the following when cutting into forest cover that is currently below the afforestation percentages described in Subsection A of this chapter:
(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 ratio of 2:1 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.
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 Planning Office, 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, 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.
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 Planning Office, that the applicant qualifies for a variance in accordance with § 80-18 of this article:
A.
A forest conservation threshold exists 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 ratio 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 of forest 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 from a forest mitigation 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 § 80-7 of this chapter and the following forest conservation thresholds for the applicable land use category:
|
Use Category:
|
Threshold Percentage:
| |
|---|---|---|
|
Institutional areas
|
20%
| |
|
Residential areas
|
15%
| |
|
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). The calculation of the credit shall be according to the 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 Planning Office, is as follows:
(1)
Forest creation in accordance with a forest conservation plan using
one or more of the following:
(2)
In Leonardtown, the use of:
(a)
Street trees as a permissible step in the priority sequence
for afforestation or reforestation and with a mature canopy coverage
may be granted full credit as a mitigation technique; and
(b)
Acquisition of an off-site protection easement on existing forested
areas not currently protected in perpetuity as a mitigation technique,
in which case the afforestation or reforestation credit may not exceed
50% of the area of forest cover protected.
(3)
When all other options, both on-site and off-site, have been exhausted,
landscaping as a mitigation technique conducted under an approved
landscaping plan that establishes a forest that is at least 35 feet
wide and covering 2,500 square feet or more of area.
B.
A sequence other than the one described in Subsection A of this chapter may be used for a specific project, if necessary, to achieve the objectives of the Town land use plan, or Town policies, or to take advantage of opportunities to consolidate forest conservation efforts.
C.
The following are considered a priority for afforestation and reforestation
to:
(1)
Those techniques that enhance existing forest and involve selective
clearing or supplemental planting on-site;
(2)
On-site afforestation or reforestation where the retention options have been exhausted, using methods selected in accordance with Subsection F of this section, and the location being selected in accordance with this subsection;
(3)
Off-site afforestation or reforestation in the same watershed or
in accordance with an approved master plan where the applicant has
demonstrated that no reasonable alternative on-site exists, or where;
(a)
Any on-site priority areas for afforestation or reforestation
have been planted in accordance with this subsection; and
(b)
The applicant has justified to the Planning Office's satisfaction
that environmental benefits associated with off-site afforestation
or reforestation exceed those derived from on-site planting.
E.
Off-site afforestation or reforestation may include the use of forest
mitigation banks which have been so designated in advance by the Planning
Office.
F.
Standards for meeting afforestation or reforestation requirements
shall be established using one or more of the following methods:
(1)
Establish or enhance forest buffers adjacent to intermittent and
perennial streams, and coastal bays and their buffers, to widths of
at least 50 feet;
(2)
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;
(3)
Establish or enhance forest buffers adjacent to critical habitats
where appropriate;
(4)
Establish or enhance forested areas in the one-hundred-year floodplains;
(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; and
(8)
Use native plant materials for afforestation or reforestation, when
appropriate.
G.
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, following development project
completion.
A.
There is established a Forest Conservation Fund in the St. Mary's
County Forest Conservation Program that meets the requirements of
the Natural Resources § 5-1610(h-1), Annotated Code of Maryland.
[Amended 8-10-2020 by Ord. No. 197]
B.
If a person subject to this chapter demonstrates to the satisfaction
of the Planning Office that requirements for reforestation or afforestation
on-site or off-site cannot be reasonably accomplished, and appropriate
credits generated by a forest mitigation bank in St. Mary’s
County or the same watershed are not available, the person shall contribute
money into the St. Mary's County Forest Conservation Fund:
[Amended 8-10-2020 by Ord. No. 197]
(1)
For a project inside a priority funding area, as defined in the Natural
Resources Article, § 5-1610, Annotated Code of Maryland,
at a rate of $30.5 per square foot of the area of required planting
with the amount adjusted by the Town based on the previous year's
inflation rate; and
(2)
For a project outside a priority funding area, at a rate of 36.6
per square foot of the area of required planting.
C.
Money contributed instead of afforestation or reforestation under
this chapter shall be paid within 90 calendar days after development
project completion.
D.
The Town shall forward payments to the St. Mary's County Forest Conservation
Fund to be expended in accordance with the county regulations and
requirements, or to the State Forest Conservation Fund, which shall
determine when contribution is allowable under COMAR 08.19.02.01I.
The Town reserves the right to establish its own fund as allowed under
the State Forest Conservation Regulations.
A.
Use of forest mitigation bank:
(1)
If a person subject to this chapter demonstrates to the satisfaction
of the Planning Office that requirements for reforestation or afforestation
onsite or offsite cannot be reasonably accomplished, the person may
contribute credits from a forest mitigation bank. A credit is required
for each 1/10 of an acre of an area of required planting.
(2)
The credits shall be debited from an approved forest mitigation bank
within 90 calendar days after development project completion.
B.
Forest mitigation banks:
(1)
A person may create a forest mitigation bank from which applicants
may purchase credits to meet the afforestation and reforestation requirements
of this chapter.
(2)
The forest mitigation bank shall:
(a)
Afforest or reforest an area of land in accordance with a forest
mitigation bank agreement;
(b)
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 of Leonardtown and the Department
of Natural Resources;
(c)
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;
(d)
Use native plant materials for afforestation or reforestation
unless inappropriate; and
(e)
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
overall area of contiguous forest cover, when appropriate.
(3)
A person proposing to create a forest mitigation bank shall submit
to the Town of Leonardtown a:
(a)
Completed application on a form approved by the Town which has
been signed by an authorized individual in conformance with COMAR
08.19.04.021;
(b)
Forest mitigation bank plan which contains a;
[1]
Vicinity map of the proposed mitigation bank site;
[2]
Simplified forest stand delineation which meets the criteria
in COMAR 08.19.04.02;
[3]
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 08.19.06.01A;
and
[4]
Proposed two-year maintenance agreement that:
(c)
Copy of the deed to the property;
(d)
Survey or other legally sufficient description of the bank site
for inclusion in the deeds of easement, deed restrictions, or covenants;
(e)
Title report or other assurance that:
[1]
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
[2]
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.
(f)
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
offsite afforestation or reforestation requirements.
(4)
The owner of an approved forest mitigation bank shall enter into
an agreement with the Town which contains:
(a)
The approved reforestation or afforestation plan;
(b)
The approved system for marking and tracking which portions
of the bank have been debited; and
(c)
An acknowledgment that the bank may not debit any portion of
the afforested or reforested land until two years of successful growth
has been achieved unless the banker has posted a bond or alternate
form of security.
A.
Tree species used for afforestation or reforestation shall be native
to the Town, when appropriate, and selected from a list of approved
species established by the Planning Office.
B.
The Planning Office shall adopt a list of tree species from a DNR-approved
list to be used for any required afforestation or reforestation and
incorporate it into the Forest Conservation Technical Manual.
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
Planning Office. 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
Planning Office, of afforestation and reforestation.
(3)
Be in a form and of a content approved by the Planning Office.
B.
After one growing season, the person required to file a bond under Subsection A of this section may request reduction of the amount of the bond or other financial security by submitting a written request to the Planning Office with a justification for reducing the bond or other financial security amount, including estimated or actual costs to ensure that afforestation or reforestation requirements are met.
C.
The Planning Office 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, the plantings associated with the
afforestation or reforestation meet or exceed the standards of the
Forest Conservation Manual, the amount of the cash bond, letter of
credit, surety bond or other security shall be returned or released.
A.
The Town shall adopt standards for the protection of trees from construction
activity that are at least as effective as the standards provided
in the Department of Natural Resources Forest Conservation Manual.
B.
Before cutting, clearing, grading or construction begins on a site
for which a forest conservation plan is required by this section,
the applicant shall demonstrate to the satisfaction of the Planning
Office that protective devices have been established.
A.
A person may request a variance from this chapter or the requirements
of the Natural Resources Article, §§ 5-1601 through
5-1612, of the Annotated Code of Maryland, if the person demonstrates
that enforcement would result in unwarranted hardship to the person.
B.
An applicant for a variance 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 variance will not confer on the applicant
a special privilege that would be denied to other applicants.
(4)
Verify that the variance 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.
(6)
Verify that the granting of a variance will not adversely affect
water quality.
D.
Notice of a request for a variance shall be given to the Department
of Natural Resources within 15 days of receipt of a request for a
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 variance under the Natural Resources Article, §§ 5-1601
through 5-1612, of the Annotated Code of Maryland, or this chapter.
A.
Noncompliance fees.
(1)
A person found to be in noncompliance with this chapter, regulations
adopted under this chapter, the forest conservation plan or the associated
two-year maintenance agreement shall be assessed by the Town the penalty
of $0.30 per square foot of the area found to be in noncompliance
with required forest conservation.
B.
Violation. In addition to the provisions under Subsection A of this section, a person who violates a provision of this chapter or a regulation or order adopted or issued under this chapter is liable for a penalty not to exceed $1,000, which may be recovered in a civil action brought by the Town. Each day a violation continues is a separate violation.
C.
The Town may seek an injunction requiring the person to cease violation
of this chapter and take corrective action to restore or reforest
an area.
D.
The Town may adopt the enforcement provisions under COMAR 08.19.06.03.
On or before March 1 of each year, the Planning Office 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,
including any areas located in the one-hundred-year floodplain, in
connection with a development project.
C.
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.
[Amended 8-10-2020 by Ord. No. 197]
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.
H.
Number, location, and types of violations and types of enforcement
activities conducted.
I.
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.
The Planning Office shall submit the necessary documentation
to comply with COMAR 08.19.02.04.
This chapter is hereby enacted and becomes effective August
3, 2015. This chapter may be amended as required. All amendments to
this chapter are subject to the approval of the Department of Natural
Resources.
