A.
A person making application after the effective date
of this chapter for a building permit, a stormwater management plan, a subdivision
plat or project plan or a grading permit or sediment control permit for an
area of land of 40,000 square feet or greater not exempt from this chapter
shall provide afforestation, preferably (as determined by the Department)
on the lot or parcel of the development, in accordance with the following:
(2)
A tract with less than 15% of its net tract area in forest
cover shall be afforested up to at least 15% of the net tract area for the
following land use categories:
(3)
A forest that is cut or cleared below the required afforestation
level shall be reforested or afforested at a ratio of 2 to 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.
B.
The required afforestation level shall be determined
by the amount of forest existing on the site before cutting or clearing begins.
A.
There is a forest conservation threshold established
for all land uses on nonexempt properties. The "forest conservation threshold"
means the percentage of the net tract area at which the reforestation requirement
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 removed below the threshold.
B.
After reasonable efforts to minimize the cutting or clearing
of trees and other woody plants have been exhausted on the site of the proposed
development, the forest conservation plan shall provide for reforestation
or payment into the forest conservation fund, according to the formula set
forth in this chapter. The following are the forest conservation thresholds
for the applicable land use category:
Land Use Category
|
Threshold
Percentage
| |
---|---|---|
Agricultural and resource areas
|
50%
| |
Medium-density residential areas
|
25%
| |
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 of reforestation requirements.
(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 one-fourth
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) of this section. The calculation of the credit shall be according to the criteria provided in the Wicomico County Forest Conservation 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 Department, 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
that 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, 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.
(6)
Off-site afforestation or reforestation, using whip and
seedling stock.
(7)
Off-site retention of existing forested areas through
protective long-term easement agreements not exceeding 50% of the required
afforestation or reforestation requirements.
(8)
Natural regeneration, in accordance with approved forest
management techniques.
(9)
Use native plant materials for afforestation or reforestation,
when appropriate.
B.
A sequence other than the one described in this chapter
may be used for a specific project, if necessary, with Department approval,
to achieve the objectives of the county land use plan or county land use policies
or to take advantage of opportunities to consolidate forest conservation efforts.
C.
The following are considered as priority locations for
afforestation and reforestation to:
(1)
Establish or enhance forest buffers adjacent to intermittent
and perennial streams to widths of at least 50 feet.
(2)
Establish or enhance nonforested areas on one-hundred-year
floodplains, when appropriate.
(3)
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.
(4)
Establish or enhance forest buffers adjacent to critical
habitats where appropriate.
(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.
D.
A person required to conduct afforestation or reforestation
under this chapter shall accomplish it within one year or two growing seasons,
whichever is a greater time period, following development project completion.