An applicant for a development activity, redevelopment activity or change in land use shall identify all applicable Habitat Protection Areas and follow the standards contained in this article. Habitat Protection Areas include:
A. 
Threatened or endangered species or species in need of conservation;
B. 
Colonial water bird nesting sites;
C. 
Historic waterfowl staging and concentration areas in tidal waters, tributary streams or tidal and nontidal wetlands;
D. 
Existing riparian forests;
E. 
Forest areas utilized as breeding areas by future interior dwelling birds and other wildlife species;
F. 
Other plant and wildlife habitats determined to be of local significance;
G. 
Natural Heritage Areas; and
H. 
Anadromous fish propagation waters.
A. 
An applicant proposing a subdivision or a site plan for a site within the Critical Area that is in or near a Habitat Protection Area listed above shall request review by the Department of Natural Resources Wildlife and Heritage Service for comment and technical advice. Based on the Department's recommendations, additional research and site analysis may be required to identify the location of threatened and endangered species and species in need of conservation on a site.
B. 
If the presence of a Habitat Protection Area is confirmed by the Department of Natural Resources, the applicant shall develop a habitat protection plan in coordination with the Department of Natural Resources.
C. 
The applicant shall obtain approval of the habitat protection plan from the Planning Commission. The specific protection and conservation measures included in the plan shall be considered conditions of approval of the project.
D. 
The applicant shall post a performance bond in an amount determined by the Town to assure satisfactory replacement of forest or developed woodland as required by this chapter.
E. 
Grading permits shall be required before forest or developed woodland is cleared.
F. 
In addition to any other penalty or enforcement provision that may apply, forests or developed woodlands, or both, which have been cleared before obtaining a grading permit or that exceed the maximum area allowed in this chapter shall be replanted at three times the areal extent of the cleared forest or developed woodland.