A.
A person may request a variance from this chapter
or the requirements of Natural Resources Article, §§ 5-1601
through 5-1612, Annotated Code of Maryland, if the person demonstrates
that enforcement would result in unwarranted hardship to the person.
B.
An applicant for a variance shall:
(1)
Describe the special conditions peculiar to the property
which would cause the unwarranted hardship;
(2)
Describe how enforcement of these rules will deprive
the applicant of rights commonly enjoyed by others in similar areas;
(3)
Verify that the granting of the variance will not
confer on the applicant a special privilege that would be denied to
other applicants;
(4)
Verify that the variance request is not based on conditions
or circumstances which are the result of actions by the applicant;
(5)
Verify that the request does not arise from a condition
relating to land or building use, either permitted or nonconforming,
on a neighboring property; and
(6)
Verify that the granting of a variance will not adversely
affect water quality.
D.
Notice of a request for a variance shall be given
to the Department of Natural Resources within 15 days of receipt of
a request for a variance.
E.
There is established by this chapter the right and
authority of the Department of Natural Resources to initiate or intervene
in an administrative, judicial or other original proceeding or appeal
in the state concerning an approval of a variance under Natural Resources
Article, §§ 5-1601 through 5-1612, Annotated Code of
Maryland, or this chapter.
A.
Noncompliance fees.
(1)
A person found to be in noncompliance with this chapter,
regulations adopted under this chapter, the forest conservation plan,
or the associated two-year maintenance agreement shall be assessed
by the Department of Natural Resources the penalty of $0.30 per square
foot of the area found to be in noncompliance with required forest
conservation.
B.
Penalty.
(1)
In addition to the provisions under Subsection A of this article, a person who violates a provision of this chapter or a regulation or order adopted or issued under this chapter is liable for a penalty not to exceed $1,000, which may be recovered in a civil action brought by the Department.
[Amended 2-6-2012 by Ord. No. 2012-01]
(2)
Each day a violation continues is a separate violation.
C.
The Department may seek an injunction requiring the
person to cease violation of this chapter and take corrective action
within a reasonable time to restore or reforest an area.
[Amended 2-6-2012 by Ord. No. 2012-01]
D.
The local program may adopt the enforcement provisions
under COMAR 08.19.06.03.
[Amended 2-6-2012 by Ord. No. 2012-01[1]]
On or before March 1 of each year, the Department
shall submit to the Department of Natural Resources a report which
contains the:
A.
The number, location, and type of projects subject
to the provisions of this chapter;
B.
The amount and location of acres cleared, conserved
and planted in connection with a development project;
C.
The amount of reforestation and afforestation fees
and noncompliance penalties collected and expended; and
D.
The costs of implementing the Forest Conservation
Program.
E.
Number, location and types of violations and types of enforcement
activities conducted; and
F.
The size
and location of all conserved and planted forest areas shall be submitted
in an electronic geographic information system or computer-aided design
format if possible. If not possible, the location shall be given by
the Maryland State Plan Grid coordinates and eight-digit subwatershed.
[1]
Editor's Note: This ordinance also provided that it shall
not alter or affect any other section of the Town Code pertaining
to forest conservation that has been previously adopted.
The Department shall submit the necessary documentation
to comply with COMAR 08.19.02.04.
This chapter may be amended as required. All
amendments to this chapter are subject to the approval of the Department
of Natural Resources.
All projects and subdivisions which meet the
zoning, subdivision, sediment control and stormdrain requirements
on and after July 1, 1991, up to the effective date of this chapter
are accepted as approved.
