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 into the City of Aberdeen's Forest Conservation
Fund:
(1)
For a project inside a priority funding area, as defined in Natural
Resources Article, § 5-1610, Annotated Code of Maryland,
at a rate of $0.75 per square foot of the area of required planting
until September 30, 2014, when the amount shall be adjusted for inflation
as determined by the Department annually by regulation; and
(2)
For a project outside a priority funding area, at a rate of $0.90
per square foot of the area of required planting until September 30,
2014, when the amount shall be 20% higher than the rate established
for a project inside a priority funding area.
C.
Money contributed instead of afforestation or reforestation under
this article shall be paid within 90 calendar days after development
project completion and shall be made a part of the public works agreement,
if applicable.
D.
The City shall accomplish the reforestation or afforestation for
which the money is deposited within two years or three growing seasons,
whichever is a greater time period, after receipt of the money, and
at the end of that time period, any portion that has not been used
to meet the afforestation or reforestation requirements shall be returned
to the person who provided the money to be used for documented tree
planting in the same watershed upon their written request.
E.
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 forests, and achieving urban canopy goals;
(2)
Shall be deposited in a separate forest conversation fund; and
(3)
May not revert to the general fund.
F.
Sites for afforestation or reforestation using fund money.
(1)
Except as provided in Subsection F (2) of this section, the reforestation or afforestation requirement under this article shall occur in the City and watershed in which the project is located.
(2)
If the reforestation or afforestation cannot be reasonably accomplished
in the city and watershed in which the project is located, then the
reforestation or afforestation shall occur in Harford County or watershed
in the state in which the project is located.
