Afforestation or reforestation plantings required under a related
forest conservation plan for the same site may be credited against
the required landscape improvements of this article only when the
plantings meet the minimum size and locational requirements outlined
in this article.
Habitat protection areas:
A. Identification. An applicant for development activity, redevelopment
activity, or change in land use shall identify all applicable habitat
protection areas and follow the standards contained in this section.
Habitat protection areas include:
(1)
Federal or state threatened or endangered species or species
in need of conservation;
(2)
Forest areas utilized as breeding areas by interior forest-dwelling
birds;
(3)
Designated natural heritage areas; and
(4)
Other plant and wildlife habitats determined to be of local
significance.
B. Standards.
(1)
An applicant for a development activity proposed for a site
that is in or near a habitat protection area listed above shall request
a 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 specific location of the habitat protection area on
or near the site.
(2)
If the Department of Natural Resources confirms the presence
of a habitat protection area, the applicant shall develop a habitat
protection plan in coordination with the Department of Natural Resources.
(3)
The applicant shall obtain approval of the habitat protection
plan from the Planning Commission or the appropriate designated approving
authority. The specific protection and conservation measures included
in the Plan shall be considered conditions of approval of the project.
[Added 7-12-2023 by Ord. No. 540]
A. Individual trees removed on private property shall require a permit and be replaced in accordance with the Tree Replacement and Mitigation Table, unless otherwise specified by Article
IV of this chapter (The Chesapeake Bay Critical Area Overlay District), or other Critical Area Commission mitigation regulations, in which case those requirements are to be applied.
B. Replacement trees shall be Maryland native species measuring at least
4 1/2 feet in height with a minimum caliper of 1 1/2 inch
diameter breast height (dbh).
C. Replacement trees shall be planted on site if possible; however,
the applicant may be permitted to replace trees by planting off site
in the Town of St. Michaels with such property owner authorization
or alternatively may pay a fee in lieu of planting as noted in the
Tree Replacement and Mitigation Table. (Specimen trees are at least
30 inches in diameter and a good example of a species due to their
size, shape or age.)
D. The Town Administrator may authorize the use of such tree mitigation
funds for tree planting projects throughout the Town, for funding
individual tree planting requests in case of hardship, and for exceptions
to these requirements for projects with significant public benefit.
E. Any planting contractor employed for this related work is required to be a licensed tree expert by the State of Maryland with associated liability and property damage insurance. Removal of dead or diseased trees requires mitigation only at A 1:1 ratio regardless of the size of the tree being removed. Replacement trees shall comply with size requirements in Subsection
B above.
Tree Replacement and Mitigation Table
|
---|
Size of the Tree Removed Measured at Diameter of Breast Height
(dbh) at 4.5 Feet
|
Number of Trees Required for Replacement of Each Tree Removed (See Subsection B above for planting size requirement)
|
Fee in Lieu of Planting - All Property Except Residential
|
Fee in Lieu of Planting - Residential Property Only
|
---|
Less than 10 inches
|
1 tree
|
$250
|
$125
|
Greater than 10 and less than 16 inches
|
2 trees
|
$500
|
$250
|
Greater than 16 and less than 20 inches
|
3 trees
|
$1,000
|
$500
|
Greater than 20 and less than 30 inches
|
4 trees
|
$1,500
|
$750
|
Above 30 inches (Specimen)
|
6 trees
|
$2,000
|
$2,000
|