If a person proposing a regulated activity 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 established in
the fee schedule adopted by the County Council, but in no event less than
$0.10 per square foot of the area of required planting, into the Forest Conservation
Fund.
Money contributed instead of afforestation or reforestation
under this chapter shall be paid before a building permit or zoning authorization
is granted or a final subdivision plat is recorded on a stormwater management
plan or soil or sediment control plan.
Money contributed in lieu of afforestation or reforestation
under this article shall remain in the account and must be used by the county
for future reforestation or afforestation.
May be spent on the costs directly related to reforestation
and afforestation, including site identification, acquisition and preparation
and planting.
Violation fees shall remain in the fund without regard
to a time limit but shall be spent in accordance with all other requirements
of this article, except that, in addition, such fees may be used for administrative
purposes.
Except as provided in this chapter, the reforestation
or afforestation requirement under this chapter shall occur in the watershed
in which the project is located.
If the reforestation or afforestation cannot be reasonably
accomplished in the watershed in which the project is located, then the reforestation
or afforestation shall occur in another watershed in the county in which the
project is located.