A.
A person required to conduct afforestation or reforestation
under this chapter shall include in the forest conservation plan a binding
maintenance agreement for the length of two years, as specified in the Forest
Conservation Manual and as approved by the County Attorney. Approval procedures
and timing shall be consistent with the procedures provided in this chapter.
B.
The maintenance agreement shall detail how the areas
designated for afforestation or reforestation will be maintained to ensure
protection and satisfactory establishment of the forest and shall follow the
standards provided in Chapter 3 of the Forest Conservation Manual, including:
C.
The person required to conduct the afforestation or reforestation,
hereafter referred to as the obligee, shall present evidence of a legal right
to implement the proposed maintenance agreement on a selected site by providing:
(1)
An executed deed conveying title to a selected site to
the obligee;
(2)
An executed conservation easement agreement;
(3)
Written evidence of the landowner's consent to the
use of a selected site;
(4)
A fully executed option agreement, long-term lease agreement
or contract of sale for a selected site; or
(5)
Other written evidence of a possessory or ownership interest
in a selected site.
D.
The Department may not release a bond or end monitoring
without receipt of a legally binding deed, long-term lease or conservation
easement agreement on those lands where afforestation or reforestation will
occur.
A.
A person required to conduct afforestation or reforestation
under this chapter shall furnish financial security in the form of a bond,
an irrevocable letter of credit or other security approved by the Department.
The approved security shall be provided prior to plat recordation, if required
for approval of a subdivision; prior to site development plan approval, if
required for site development approval; and prior to permit issuance, if required
for building or grading permit approval. 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 Department, of afforestation and reforestation.
(3)
Be in a form and of a content approved by the County
Attorney.
B.
After one growing season, the person required to file
a bond may request reduction of the amount of the bond or other financial
security by submitting a written request to the Department 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 Department 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
Wicomico County Forest Conservation Manual and the maintenance agreements,
the amount of the cash bond, letter of credit, surety bond or other security
shall be returned or released.
E.
If, after two growing seasons, or as provided in the
maintenance agreement, the plantings do not meet the aforesaid standards,
the county shall have the right to draw on the security according to its terms
and use the sums withdrawn for the costs incurred by the county in achieving
the afforestation or reforestation standards required by the plan and manual.
Any costs incurred by the county in excess of the security amount shall be
charged against the developer and, unless they are paid or appealed to the
Board of Appeals within thirty (30) days after billing by the county, shall
become a final lien against the property being developed and shall, in every
respect, be treated as county real estate taxes.
[Amended 7-6-2004 by Bill No. 2004-6]
A.
An applicant shall have in effect at all times an approved
long-term protective agreement as provided in this chapter and the Natural
Resources Article of the Annotated Code of Maryland, § 5-1607, to
preserve and protect areas retained, afforested or reforested.
B.
An applicant may satisfy the requirement for long-term
protection by:
(1)
A forest management plan approved in compliance with
the provisions of COMAR Title 08.19.05.02 and the Department of Natural Resources.
(2)
Executing a forest conservation and management agreement,
as provided in Tax-Property Article, § 8-211, Annotated Code of
Maryland, and COMAR 08.07.03.
(3)
Executing other legally binding protective agreements,
approved by the County Attorney, and providing protection for land forested,
afforested or reforested under this chapter; and a limitation on the uses
of forest to those that are consistent with forest conservation. Such agreements
include the following:
