[Amended 1-9-2023 by Ord. No. 2022-12]
Except as set forth in §
62-2 hereof, the Carroll County, Maryland, Code of Public Local Laws and Ordinances, Chapter 150, Forest Conservation, as now in force, together with all reenactments thereof and amendments thereto, shall automatically be and become the Forest Conservation Ordinance of the Town of Mount Airy without the necessity of any further action on the part of the Town of Mount Airy.
[Amended 1-9-2023 by Ord. No. 2022-12]
Notwithstanding the provisions of §
62-1, the following modifications to the Carroll County, Maryland, Code of Public Local Laws and Ordinances, Chapter 150, Forest Conservation, are hereby declared to be effective within the limits
of the Town of Mount Airy:
A. At such time as a forest stand delineation is submitted
in accordance with Section 150.24 of Carroll County, Maryland, Code
of Public Local Laws and Ordinances, Chapter 150, Forest Conservation,
the person submitting the same shall also make submittal thereof to
the Town of Mount Airy.
B. Section 150.22G of said ordinance shall provide as
follows with respect to noncompliance within the Town of Mount Airy:
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"The Town of Mount Airy may refuse to issue
or may revoke a use and occupancy permit for any property found to
be in noncompliance with the ordinance."
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C. Section 150.29(A) shall read as follows:
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Section 150.29(A). Priorities and time requirements
for reforestation and afforestation.
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The required sequence for afforestation or reforestation
after techniques for retaining existing forest on the site have been
exhausted is as follows:
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(1)
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(a)
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On-site afforestation or reforestation, if technically
feasible, using transplanted or nursery stock which meets the requirements
of the Technical Manual;
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(b)
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In areas zoned for commercial or industrial
use, off-site afforestation or reforestation within the Town of Mount
Airy, using transplanted or nursery stock which meets the requirements
of the Technical Manual;
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(2)
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Off-site afforestation or reforestation within
the Town of Mount Airy, using transplanted or nursery stock which
meets the requirements of the Technical Manual;
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(3)
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Off-site afforestation or reforestation within
the county using transplanted or nursery stock which meets the requirements
of the Technical Manual;
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D. The following subparagraph shall be added to Section
150.29(B) thereof:
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(7)
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To establish forested areas within municipal
well recharge areas in the Town of Mount Airy.
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E. Within the Town of Mount Airy, Section 150.31 of the
County ordinance shall be interpreted and administered in such a manner
that the agreement referred to therein shall be a portion of the public
works agreement between any person covered by said ordinance and the
Town of Mount Airy; that references to the "county" shall mean the
"Town of Mount Airy;" and that references to the "County Attorney's
Office" shall mean the "Office of the Town Attorney."
F. Section 150.35 shall be interpreted and enforced so
as to require that all moneys deposited to the Forest Conservation
Fund with respect to property located within the Town of Mount Airy
shall be used for the implementation of the Carroll County, Maryland,
Code of Public Local Laws and Ordinances, Chapter 150, Forest Conservation,
within the limits of the Town of Mount Airy.