ENVIRONMENTAL REGULATIONS

Transcription

1 ARTICLE 7 ENVIRONMENTAL REGULATIONS Contents of Article 7 ARTICLE 7 ENVIRONMENTAL REGULATIONS Sec RESERVED Sec. 720 RESERVED Sec. 721 FOREST CONSERVATION Sec RESERVED Sec. 730 PERFORMANCE STANDARDS Sec RESERVED Sec. 740 RESERVED Sec. 741 RESERVED Sec. 742 RESERVED Sec. 743 WELLHEAD PROTECTION Purpose: the Comprehensive Plan establishes a number of environmental goals and policies for the City. Pursuant to Policy EN.8, this Article streamlines environmental regulations by merging the Zoning environmental regulations, Subdivision environmental regulations, Storm Water Management regulations, Floodplain regulations, and Forest Conservation Ordinances into an Environmental Section of the City s development regulations. Sec RESERVED Supp. No.10, Article 7 Environmental Regulations

2 Article 7 THIS PAGE IS INTENTIONALLY LEFT BLANK City of Frederick Pages RESERVED Article Environmental Regulations Supp. No. 8, 12-09

3 City of Frederick 720 Floodplain Management 2, 11 Sec. 720 RESERVED Original Adopted Version: Article 7 Environmental Regulations

4 720 Floodplain Management City of Frederick THIS PAGE IS INTENTIONALLY LEFT BLANK Pages RESERVED Article 7 Environmental Regulations 512 Supp. No. 8, 12-09

5 City of Frederick 721 Forest Conservation 3, 7 Sec. 721 FOREST CONSERVATION (a) Generally (1) Title This Section shall be known and cited as the Frederick City Forest Conservation Ordinance. (2) Authority This Section is established in accordance with the Natural resources Article of the Annotated Code of Maryland. (3) Jurisdiction The provisions of this Section shall apply to all area within the corporate limits of the City of Frederick with the exception of property of Fort Detrick, a US Army installation. (4) Purpose The Mayor and Board of Aldermen of Frederick City have determined that to meet the requirements of the Natural Resources Article, Section , Annotated Code of Maryland, the provisions of this Section must be enacted. (5) Definitions (See Section 1002.) (6) Applicability Except as provided in Subsection (7), this Section applies to: A. A person making application for a subdivision, site plan, project plan, grading, or sediment control approval on units of land 40,000 square feet or greater after January 1, B. A public utility not exempt under (a) (7)E and F of this Section. Supp. No. 10, Article 7 Environmental Regulations

6 721 Forest Conservation City of Frederick C. A unit of county or municipal government, including a public utility or public works project, making application for a subdivision, site plan project plan, grading, or sediment control approval on areas 40,000 square feet or greater. (7) Exemptions This Section does not apply to: A. Highway construction activities under Natural Resources Article, Sec , Annotated Code of Maryland. B. Areas governed by the Chesapeake Bay Critical Area Protection Law, Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland including those areas into which Critical Area forest protection measures have been extended under Natural Resources Article Section (c), Annotated Code of Maryland. C. Commercial logging and timber harvesting operations, including harvesting conducted subject to the forest conservation and management program under Tax-Property Article, Sec , Annotated Code of Maryland, that are completed on property which: 1. Has not been the subject of application for a grading permit for development within 5 years after the logging or harvesting operation, and 2. Is the subject of a declaration of intent as provided for in subsection (a)(8) of this section, approved by the Planning Department. D. Agricultural activities not resulting in a change in land use category, including agricultural support buildings and other related structures built using accepted best management practices, except that a person engaging in an agricultural activity clearing 40,000 square feet or greater of forest within a one (1)-year period, may not receive an agricultural exemption, unless the person files a declaration of intent as provided for in subsection (a)(8) of this Section which includes: Article Environmental Regulations Supp. No. 10, 2-13

7 City of Frederick 721 Forest Conservation 1. A statement that the landowner or landowner's agent will practice agriculture on that portion of the property for five (5) years from the date of the declaration; and 2. A sketch map of the property which shows the area to be cleared. E. The cutting or clearing of public utility rights-of-way licensed under Public Utilities Article, Section 7-204, 7-205, 7-207, or 7-208, Annotated Code of Maryland, or land for electric generating stations licensed under Public Utilities Article, Section 7-204, 7-205, 7-207, or 7-208, Annotated Code of Maryland, if: 1. Required certificates of public convenience and necessity have been issued in accordance with Natural Resources Article, Sec (f), Annotated Code of Maryland; and 2. Cutting or clearing of the forest is conducted to minimize the loss of forest. F. Routine maintenance or emergency repairs of public utility rights-of-way licensed under Public Utilities Article, Section 7-204, 7-205, 7-207, or 7-208, Annotated Code of Maryland. G. Except for a public utility subject to subsection (a)(7)f of this Section, routine maintenance or emergency repairs of a public utility right-of-way if: 1. The right-of-way existed before the effective date of this Section; or 2. The right-of-way's initial construction was approved under this Section. Supp. No. 10, Article 7 Environmental Regulations

8 721 Forest Conservation City of Frederick H. A residential construction activity conducted on an existing single lot of any size, limited to one single family residence, or a linear project not otherwise exempted under this section if the activity: 1. Does not result in the cumulative cutting, clearing, or grading of more than 20,000 square feet of forest; 2. Does not result in the cutting, clearing, or grading of a forest that is subject to the requirements of a previous forest conservation plan approved under this Section; and 3. Is the subject of a declaration of intent filed with the Planning Department, as provided for in Subsection (a)(8) of this Section stating that the lot will not be the subject of a regulated activity within five (5) years of the cutting, clearing, or grading of forest. I. Strip or deep mining of coal regulated under Environment Article, Title 15, Subtitle 5 or 6, Annotated Code of Maryland. J. Non-coal surface mining regulated under Environment Article, Title 15, Subtitle 8, Annotated Code of Maryland. K. An activity required for the purpose of constructing a dwelling house intended for the use of the owner, or a child of the owner, if the activity: 1. Does not result in the cutting, clearing, or grading of more than 20,000 square feet of forest; and 2. Is the subject of a declaration of intent filed with the Planning Department, as provided for in subsection (a)(8) of this Section, which states that transfer of ownership may result in a loss of exemption. L. A real estate transfer to provide a security, leasehold, or other legal or equitable interest, including a transfer of title, or a portion of a lot or parcel, if: 1. The transfer does not involve a change in land use, or new development or redevelopment, with associated land-disturbing activities; and Article Environmental Regulations Supp. No. 10, 2-13

9 City of Frederick 721 Forest Conservation 2. Both the grantor and grantee file a declaration of intent, as provided for in subsection (a)(8) of this Section. (8) Declaration of Intent A. The purpose of the declaration of intent is to verify that the proposed activity is exempt under Natural Resources Article, Sec and , Annotated Code of Maryland, and this Section. B. A person seeking an exemption under Subsection (a)(7) C, D, H, K, and L of this article shall file a declaration of intent with the Planning Department. C. The declaration of intent is effective for five (5) years. D. The existence of a declaration of intent does not preclude another exempted activity on the property subject to a declaration of intent, if the activity: 1. Does not conflict with the purpose of any existing declaration of intent, and 2. Complies with the applicable requirements for an exempted activity. E. If a regulated activity on the area covered by the declaration of intent occurs within five (5) years of the effective date of the declaration of intent: 1. There shall be an immediate loss of exemption, or 2. There may be a noncompliance action taken by the City as appropriate, under this Section. F. An applicant may apply for a regulated activity on that area of the property not covered under the declaration of intent if the requirements of this Section are satisfied. G. The appropriate approving authority may require a person failing to file a declaration of intent or found in noncompliance with a declaration of intent to: 1. Meet the retention, afforestation and reforestation requirements established in this Section; Supp. No. 10, Article 7 Environmental Regulations

10 721 Forest Conservation City of Frederick 2. Pay a noncompliance fee of 30 cents per square feet of forest cut or cleared under the declaration of intent; 3. Be subject to other enforcement actions appropriate under Natural Resources Article, Sec , Annotated Code of Maryland, and this Section; or 4. File a declaration of intent with the Planning Department. H. In its determination of appropriate enforcement action, the Planning Department may consider whether failure to file a declaration of intent by a person required to file is a knowing violation of this Section. I. Commercial Logging and Timber Harvesting. The requirements for a declaration of intent may be satisfied by a forest management plan for the entire tract, prepared by a forester licensed in Maryland according to Business Occupations and Professions Article, Title 7, Annotated Code of Maryland, which outlines management practices needed to meet the stated objectives for a minimum of five years. J. Agricultural Activities or Commercial Logging and Timber Harvesting. A declaration of intent may be part of an amended sediment and erosion control plan which ensures that the activity meets the conditions for an exemption as stated in (a)(7) C and D of this Section. (b) Administration (1) Administrative Agencies designated A. General 1. Material relative to forest conservation, i.e., forest stand delineations, preliminary and final forest conservation plans, declarations of intent and requests for exemption, requests for modifications, shall be submitted to the appropriate approving authority as outlined below. 2. The appropriate approving authority may refer the material to any other City Department, County or State Department or agency for review and comment it deems appropriate for its' review, comments and/or recommendations. Article Environmental Regulations Supp. No. 10, 2-13

11 City of Frederick 721 Forest Conservation 3. The appropriate approving authority shall review and accept or reject forest stand delineations according to the provisions of subsection (c)(2) and forest conservation plans according to provisions of subsection (c)(5) of this Section. B. Planning Commission and/or Department 1. Approval of forest stand delineations preliminary and final forest conservation plan shall rest with the Planning Commission and Department except for project plans which are reviewed by the Engineering Department. 2. The Planning Commission may grant modifications to this Section as provided by subsection (b) (3). 3. The Planning Department may approve requests for exemptions, declarations of intent, forest stand delineations and final forest conservation plans. In addition, the Planning Department may approve forest conservation plans for those relatively small scale projects where the development plans are approved by the Planning Department. 4. The Planning Department may issue penalties and citations for noncompliance with this Section. C. Engineering Department 1. The Engineering Department shall approve forest stand delineations, and forest conservation plans for grading or sediment control project plans for roads, utilities, and other similar projects when Planning Commission or Department review is not required. 2. The Engineering Department may grant modifications for certain projects not requiring Planning Commission or Department approval as provided for by subsection (b)(3). 3. All long-term or short-term forest conservation agreements and guarantees required under this Section shall be subject to approval as to legal sufficiency by the City Attorney and shall be submitted to the Engineering Department and administered by the Building Department. Supp. No. 10, Article 7 Environmental Regulations

12 721 Forest Conservation City of Frederick (4) The Building Department will be responsible for inspection of construction activities for conformance with the approved forest conservation plan and afforestation and reforestation areas. The Engineering Department may require a developer to provide a certification of plan compliance signed by a neutral Maryland professional forester, Maryland licensed architect, or DNR qualified professional [to prepare a forest conservation plan] in lieu of inspection by the City. The developer shall provide a copy of the Plan and the City shall provide the criteria checklist for compliance to be followed by the contracted inspector. D. Finance Department The Finance Department shall administer The City of Frederick Forest Conservation Fund. (2) General Requirement for Approval of Forest Stand Delineation, Forest Conservation Plan A. A person making application after the effective date of January 1, 1993 for subdivision, site plan, or project plan approval, a grading permit, or a sediment control permit for an area of land of 40,000 square feet or greater shall: 1. Submit to the appropriate approving authority a forest stand delineation and a forest conservation plan for the lot or parcel on which the development is located; and 2. Use methods provided in this Section and the State Forest Conservation Technical Manual to prepare forest stand delineations, forest conservation plans and to protect retained forests and trees during construction. B. If a local agency or person using state funds makes application to conduct a regulated activity, the provisions of COMAR D--G apply. This requirement calls for the City to transmit the forest stand delineation and forest conservation plan to the Department of Natural Resources for approval. Article Environmental Regulations Supp. No. 10, 2-13

13 City of Frederick 721 Forest Conservation (3) Modifications A. A person may request a modification to the provisions of this Section or the requirements of the Natural Resource Article Sec Annotated Code of Maryland, if the person demonstrates that the enforcement would result in unwarranted hardship to the person. B. An applicant for a modification shall: 1. Describe the special conditions peculiar to the property, which would cause the unwarranted hardship; 2. Describe how enforcement of this Section will deprive the applicant of rights commonly enjoyed by others in similar areas; 3. Verify that the granting of the modification will not confer on the applicant a special privilege that would be denied to other applicants; 4. Verify that the modification 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, in a neighboring property; and 6. Verify that the granting of a modification will not adversely affect water quality. C. The appropriate review agency (the Planning Commission, Planning Department or Engineering Department) shall make findings that the applicant has met the requirements in Subsections A and B of this Section before granting a modification. Supp. No. 10, Article 7 Environmental Regulations

14 721 Forest Conservation City of Frederick D. Notice of a request for a modification shall be given to the Department of Natural Resources within fifteen (15) days of receipt of a request for a modification. E. There is established by this Section 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 and approval of a modification under Natural Resources Article, Sec , Annotated Code of Maryland, or this Section. (4) Inspection, Penalties and Enforcement A. Noncompliance Fees 1. A person found to be in noncompliance with this Section, regulations adopted under this Section, the forest conservation plan, or the associated two (2)- year maintenance agreement, shall be assessed by the Building Department the penalty of fifty (50) cents per square feet of the area found to be in noncompliance with required forest conservation. 2. Money collected under subsection (b) (4) A.1 of this Section shall be deposited in the forest conservation fund and may be used by the City of Frederick for purposes related to implementing the State Forest Conservation Program. B. Inspections. The Department of Public Works shall require at least four field inspections of a site or individual stand subject to an approved forest conservation plan as follows: 1. The first inspection shall take place before a construction activity begins to determine whether forest protection devices have been installed and conservation areas are clearly marked onsite. 2. The second inspection shall be conducted at the time of planting of the agreed number of trees. Construction log(s) shall be provided to the Department of Public Works within seven (7) days after installation of the trees as notification for this inspection and serve to start the maintenance period if the planting is found complete. Article Environmental Regulations Supp. No. 10, 2-13

15 City of Frederick 721 Forest Conservation 3. The third inspection shall take place at the end of the one-year maintenance period. The owner/contractor shall submit a status report to the City prior to the one-year inspection. 4. The fourth inspection shall take place at the end of the 2-year maintenance agreement. The owner/contractor shall submit a status report to the City prior to the two-year inspection. 5. Additional inspections may be requested by the Engineering, Public Works or Planning Departments to verify compliance at any time. 6. The owner may request diversion from the approved Final Forest Conservation Plan (Plan) with respect to planting sequence or phasing as long as the following conditions are met: a. Planting sites or stands must be identified on an approved Plan; b. Selected planting sites or stands may be planted earlier than scheduled; c. Planting forest areas later than scheduled requires revised forest conservation plans; d. Specified forest areas must have a recorded forest conservation easement agreement; e. Specified forest areas must be guaranteed with the City; f. Must notify the Department of Public Works of request in writing; g. Must notify the Planning Department of request in writing and receive approval, based on compliance with the Plan phasing and the ability to demonstrate that the flexibility maintains the intent of the approved Plan. Supp. No. 10, Article 7 Environmental Regulations

16 721 Forest Conservation City of Frederick C. Violation 1. In addition to the provisions under subsection (b)(4)a of this Section, any violation of this Section or a regulation or order adopted or issued under this Section shall constitute a municipal infraction. The penalty for such violation shall be a fine in an amount not to exceed $1, Each day a violation continues is a separate violation. D. Complaints The Planning Department shall receive all complaints and shall initiate enforcement procedures as outlined in Section of the Frederick City Code. E. Injunctions The City of Frederick may seek an injunction requiring a person to cease a violation of this Section and take corrective action to restore or reforest an area. F. Stop Work Order The City of Frederick may issue a stop work order against a person who violates a provision of this Section or a regulation, order, approved forest conservation plan, or maintenance agreement. G. Revocation 1. The approving authority may revoke an approved forest conservation plan if it finds that: a. A provision of the plan has been violated; b. Approval of the plan was obtained through fraud, misrepresentation, a false or misleading statement, or omission of a relevant or material fact; or c. Changes in the development or in the condition of the site necessitate preparation of a new or amended plan. 2. Before revoking approval of a forest conservation plan, the Planning Department shall notify the violator in writing and provide an opportunity for a hearing as prescribed by Section of the Frederick City Code. Article Environmental Regulations Supp. No. 10, 2-13

17 City of Frederick 721 Forest Conservation (5) Amendments A. The City of Frederick Mayor and Board of Aldermen may amend this Section as may be required according to procedures established by the Charter. B. All amendments to this Section shall be submitted to the Department of Natural Resources prior to adoption for review and comment as to compliance with the provisions and requirements of Natural Resources Article to 1612 of the Annotated Code of Maryland. (6) Fees The Mayor and Board of Aldermen may establish by resolution, fees to cover the cost of administration of this Section including the review of forest stand delineations, forest conservation plans, requests for exemptions, requests for modifications, management agreements and public works agreements, payment into the forest conservation fund, inspections and plan compliance monitoring. (7) Frederick City Forest Conservation Fund A. There is established a Forest Conservation Fund in the City of Frederick. B. If a person subject to this Section demonstrates that requirements for reforestation or afforestation on-site or offsite cannot be reasonably accomplished, the person shall contribute money into the City of Frederick Forest Conservation Fund as follows: 1. For a project inside a priority funding area (PFA), as defined in Natural Resources Article Section , Annotated Code of Maryland, at a rate of $0.30 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 of Natural Resources annually by regulation; and 2. For a project outside a priority fund area, at a rate of $0.36 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. Supp. No. 10, Article 7 Environmental Regulations

18 721 Forest Conservation City of Frederick C. Money contributed instead of afforestation or reforestation under this article shall be paid at the time of guarantee and approval of improvement plans or at the discretion of the Planning Director. 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. E. Money deposited in the City forest conservation fund: 1. May be spent on the costs directly related to reforestation and afforestation, including site identification, acquisition, preparation, and maintenance of existing forest and achieving urban canopy goals; 2. Shall be deposited in a separate forest conservation fund; and 3. May not revert to the general fund. F. Sites for Afforestation or Reforestation Using Fund Money. 1. The reforestation or afforestation requirements under this Section shall occur in the City and watershed areas within the City boundaries in which the project is located. (8) Guarantee and Public Works Agreements A. A person or agency (including Frederick County government), required to conduct afforestation or reforestation under this section, shall furnish an acceptable financial security/guarantee approved by thecity Attorney. The surety shall: 1. Assure that the afforestation, reforestation, protection devices, and the associated maintenance agreement are conducted and maintained in accordance with the approved final forest conservation plan; 2. Be in an amount equal to 115 percent of the estimated cost, as determined by the Engineering Department, of afforestation and reforestation; and Article Environmental Regulations Supp. No. 10, 2-13

19 City of Frederick 721 Forest Conservation 3. Be in a form and of a content approved by the City. B. After one (1) growing season, the person required to file aguarantee under subsection (b)(8)a of this Section may request reduction of the guarantee equal to the cost estimate for the protection signage and fencing by submitting a written request to the Building Department for reducing the guarantee amount. C. The Planning Department shall determine whether a lesser amount is sufficient to cover the cost of afforestation or reforestation, taking into account the following: 1. The number of acres; 2. The proposed method of afforestation or reforestation; 3. The cost of planting material or replacement materials; 4. The cost of maintenance of the afforestation or reforestation project; and 5. Other relevant factors. D. The amount of accepted guarantee shall be returned or released after: 1. two growing seasons; and 2. the protective devices are removed and; 3. the plantings and any reinforced plantings associated with the afforestation or reforestation meet or exceed the standards of the project final forest conservation plan. E. An acceptable guarantee may not be canceled by the surety, bank, or other issuing entity unless both of the following conditions are satisfied: 1. The surety notifies the Engineering Department and the obligee of its intent to cancel the guarantee in writing, by registered mail, not less than 90 days before cancellation; and Supp. No. 10, Article 7 Environmental Regulations

20 721 Forest Conservation City of Frederick 2. At least 45 days before the cancellation date indicated in the notice, the obligee files a commitment from a surety, bank, or other issuing entity to provide a substitute security which will be effective on the cancellation date is indicated in the notice. (9) Annual Report and Biennial Review A. On or before March 1 of each year, the City shall submit to the Maryland Department of Environment a report which contains: 1. The number, location, and type of projects subject to the provisions of this Section; 2. The amount and location of acres cleared, conserved, and planted, including any areas located in the 100 year floodplain, in connection with a development project; 3. The amount of reforestation and afforestation fees and noncompliance penalties collected and expended; 4. The costs of implementing the Forest Conservation Program; 5. The number, location, and type of violations and type of enforcement activities conducted; and 6. The size and location of all conserved and planted forest areas in an electronic geographic information system or computer aided design format where possible. If not possible, the location shall be given by Maryland State Plane Grid Coordinate and 8 digit subwatershed. B. The City of Frederick shall submit the necessary documentation to comply with COMAR , which provides for Department of Natural Resources biennial review of the local forest conservation program. C. Following completion of the annual or biennial report to the State, the Planning Department shall provide a copy of the report(s) to the Planning Commission for their review. Article Environmental Regulations Supp. No. 10, 2-13

21 City of Frederick 721 Forest Conservation (c) Plan Requirements (1) Plans in General A. All required forest conservation plans (FCP), i.e. forest stand delineations(fsd), preliminary forest conservation plans (PFC), and final forest conservation plans(fcp), shall be prepared by a licensed forester, licensed landscape architect or qualified professional who meets the requirements stated in COMAR B. Forest Stand Delineation (FSD), Preliminary Forest Conservation Plan (PFC) and Forest Conservation Plans (FCP) shall be reviewed concurrently with a proposed development or project plan. The FSD and FCP shall be submitted with a subdivision, site plan, project plan or grading permit submission in accordance with deadlines and procedures established by the appropriate approving authority. All material shall be complete and accurate upon submission to the appropriate authority as outlined below. 1. Subdivisions approved by the Planning Commission or Department. a. Submit FSD for Planning Department approval. No deadline. However, Planning Department has thirty (30) days for review and to notify the applicant of FSD approval or disapproval. An associated concept plan, Planned Neighborhood Development plan, or a preliminary site plan shall be submitted for staff review at this time. If the Forest Stand Delineation (FSD) is disapproved and the applicant submits a new or revised FSD, staff has again 30 days to review. No formal development plans shall be submitted until the Forest Stand Delineation is approved. b. Submit a Preliminary FCP (which includes an approved FSD) along with application for preliminary plan of subdivision according to established regular Planning Department deadline for subdivision plan submission. Applicants will receive comments on preliminary FCP and preliminary subdivision plat at Development Review Conference (DRC). The Planning Commission must review and Supp. No. 10, Article 7 Environmental Regulations

22 721 Forest Conservation City of Frederick approve the Preliminary Forest Conservation Plan in conjunction with the preliminary subdivision plan. Revisions to a preliminary forest conservation plan will be handled in the following manner: i. any revision to a proposed or existing forest stand resulting in less than 10% change may be reviewed by the Planning Department; ii. iii. any revision to a forest stand greater than 10% must be re-approved by the Planning Commission. However, the Planning Director has discretionary authorization to require Planning Commission review and approval of any size revision to protect the public interests. c. An applicant may elect to submit a combined FSD and Preliminary FCP along with a preliminary plan of subdivision. The deadline is thirty (30) days before a regular Development Review Conference, for the meeting where approval is requested. The Planning Department will notify an applicant if the FSD is approved or disapproved and comment on the preliminary FCP at the Development Review Conference. If the FSD is disapproved, the case will not be on the agenda, and reapplication is required. d. Once the Planning Commission approves preliminary FCP and preliminary plat of subdivision, applicants shall prepare a final FCP and the appropriate legal documents prior to engineering improvement plans and/or the final plat whichever occurs first. The final FCP shall be submitted to the Planning Department for approval. The Planning Department has 45 days to approve or provide comments to the applicant. There is no deadline for submitting a final FCP. However, final subdivision plats will not be approved until the final FCP and the long-term and short-term forest conservation Article Environmental Regulations Supp. No. 10, 2-13

23 City of Frederick 721 Forest Conservation agreements are approved by Planning Department and sureties are received by the Engineering Department. 2. Site Plans approved by Planning Commission or Department. a. Submit a FSD for Planning Department approval. There is no deadline for submitting a FSD. However, the Planning Department has thirty (30) days for review and to notify the applicant of FSD approval or disapproval. A preliminary site plan for staff review is recommended at this time. b. Submit Preliminary FCP (which includes an approved FSD) along with application for Site Plan approval according to regular Planning Department deadline for site plan submissions. Revisions to a preliminary forest conservation plan will be handled in the following manner: i. any revision to a proposed or existing forest stand resulting in less than 10% change may be reviewed by the Planning and Community Development Department; ii. iii. any revision to a forest stand greater than 10% must be re-approved by the Planning Commission. However, the Director of the Planning and Community Development Department has discretionary authorization to require Planning Commission review and approval of any size revision to protect the public interests. Supp. No. 10, Article 7 Environmental Regulations

24 721 Forest Conservation City of Frederick c. An applicant may elect to submit a combined FSD/Preliminary FCP along with a Site Plan. Deadline is thirty (30) days before a regular Development Review Conference, for the meeting where approval is requested. The Planning Department will notify the applicant at the Development Review Conference if the FSD is approved or disapproved and will offer comments on the preliminary FCP at the DRC. If FSD is disapproved, the case will not be on the agenda, reapplication is required. A resubmission provides staff with again 30 days to review the FSD. Any revision to the Preliminary FCP must be reapproved by the Planning Commission. d. Once the preliminary FCP/Site Plan is approved by the Planning Commission or Department, the applicants should proceed with the final FCP prior to engineering improvement plans and final site plans. These shall be submitted to the Planning Department for approval. The Planning and Community Development Department has 45 days to approve or provide applicant with comments. There is no deadline for submitting a final FCP. However, Site Plans will be considered only conditionally approved until a final FCP is approved by the Planning Department. The Final FCP is valid as long as the associated approved Final Site Plan. Any revision to the Final Site Plan that revises areas where forest conservation is planned shall be resubmitted with a revised preliminary FCP and followed by a revised Final FCP. 3. Master Plans a. The applicant shall submit the FSD for Planning Department approval. There is no deadline for submitting a final FCP. However, Planning Department has thirty (30) days for review and to notify applicant of FSD approval or disapproval. A Master Plan may be submitted at this time for review and approval by the Planning Commission in accordance with Planning Department deadlines. Article Environmental Regulations Supp. No. 10, 2-13

25 City of Frederick 721 Forest Conservation b. Submit Preliminary FCP (which includes an approved FSD) with all preliminary subdivision plats or final site plans within the area subject to the Master Plan as in (c)(1)b.1 and (c)(1)b. 2. c. Once the preliminary FCP and preliminary subdivision or Site Plan is approved, the applicant's should proceed with the final FCP prior to with engineering improvement plans. The final FCP shall be submitted to the Planning Department for approval. There is no deadline for submitting a final FCP. The Planning and Community Development Department has 45 days to approve or provide applicant with comments. However, final plats will not be approved, and Site Plans will be considered only conditionally approved until final FCP is approved by the Planning Department. 4. Project Plans Approved by the Engineering Department a. The Forest Stand Delineation shall be submitted to the Engineering Department for approval 30 days prior to any plan submission. No public meeting is required. b. The Preliminary Forest Conservation Plan shall be submitted with the initial submission of engineering plans. c. The final Forest Conservation Plan shall be submitted with a revised plan submission/grading permit application/sediment control permit application. Approved of the final FCP must occur prior to issuance of grading or sediment control permits. C. Exemptions may be granted per Subsection (a)(7). Staff shall verify and approve an exemption requests. Any further resubmittals of the specific project where an exemption was granted must be accompanied by the signed exemption originally issued. Supp. No. 10, Article 7 Environmental Regulations

26 721 Forest Conservation City of Frederick (2) Forest Stand Delineations A. A forest stand delineation shall be submitted as required by subsection (c)(1)b. B. The delineation shall be used during the project design process to determine the most suitable and practical areas for forest conservation and shall contain the following components: 1. A topographic map delineating intermittent and perennial streams, and steep slopes over twenty five (25) percent; 2. A soils map delineating soils with structural limitations, hydric soils, or soils with a soil K value greater than 0.35 on slopes of fifteen (15) percent or more; 3. Forest stand maps indicating species, location, and size of trees and showing dominant and co-dominant forest types and all specimen trees on site; 4. Location of the one hundred (100)-year FEMA floodplains; 5. Information required by the Forest Conservation Technical Manual; and 6. Other information the approving authority determines is necessary to implement this Section. C. If approved by the Planning Department or Engineering Department, a simplified delineation may be submitted for an area: 1. When no forest cover is disturbed during a construction activity; and 2. Designated to be under a long-term protective agreement. D. The Planning Department or Engineering Department shall consider a simplified forest stand delineation complete if it includes: Article Environmental Regulations Supp. No. 10, 2-13

27 City of Frederick 721 Forest Conservation 1. All requirements under subsection (c)(2)b.1, 2, 4 and 5 of this Section; 2. A map showing existing forest cover as defined in the Section and verified by field inspection; and 3. Other information required by this Section. E. An approved forest stand delineation may remain in effect for a period not longer than five (5) years. F. Time for Submittal of Forest Stand Delineation. 1. Within thirty (30) calendar days after receipt of the forest stand delineation, the Planning Department or Engineering Department shall notify the applicant whether the forest stand delineation is complete and approved. 2. If the Planning Department or Engineering Department fails to notify the applicant within thirty (30) days, the delineation shall be treated as complete and approved. 3. The Planning Department or Engineering Department may require further information or provide for an additional fifteen (15) calendar days under extenuating circumstances. (3) Forest Conservation Plan - General Requirements A. In developing a forest conservation plan, the applicant shall give priority to techniques for retaining existing forest on the site. B. If existing forest on the site subject to a forest conservation plan cannot be retained, the applicant shall demonstrate to the satisfaction of the approving authority: 1. How techniques for forest retention have been exhausted; 2. Why the priority forests and priority areas specified in Natural Resources Article, Sec (c)(1), Annotated Code of Maryland, cannot be left in an undisturbed condition: Supp. No. 10, Article 7 Environmental Regulations

28 721 Forest Conservation City of Frederick a. If priority forests and priority areas cannot be left undisturbed, how the sequence for afforestation or reforestation will be followed in compliance with Natural Resources Article Sec , Annotated Code of Maryland; and b. Where on the site in priority areas afforestation or reforestation will occur in compliance with Natural Resources Article Section , Annotated Code of Maryland; and c. How the disturbance to the priority forest and priority areas specified in Natural Resources Article Section (c)(2), Annotated Code of Maryland, qualifies for a modification. C. The applicant shall demonstrate to the satisfaction of the approving authority that the requirements for afforestation or reforestation on-site or off-site cannot be reasonably accomplished if the applicant proposed to make a payment into the local forest conservation fund instead of afforestation or reforestation. D. Nontidal Wetlands. A regulated activity within the net tract area that occurs wholly or partly in areas regulated as nontidal wetlands under Environment Article, Title 9, Annotated Code of Maryland, is subject to both the nontidal wetlands regulatory requirements and the requirements of this law, subject to the following: 1. Any area of forest in the net tract area, including forest in nontidal wetlands that is retained, shall be counted towards forest conservation requirements under this law. 2. For the purpose of calculating reforestation mitigation under this Section, a forested nontidal wetland, tree permitted to be cut or cleared and required to be mitigated under Environment Article, Title 9 Annotated Code of Maryland shall be shown on the forest conservation plan and subtracted on an acre for acre basis from the total amount of forest to be cut or cleared as part of a regulated activity. 3. Nontidal wetlands shall be considered to be priority areas for forest retention and replacement. Article Environmental Regulations Supp. No. 10, 2-13

29 City of Frederick 721 Forest Conservation 4. Forested nontidal wetland identification and delineation should be included at the earliest stage of planning to assist the applicant in avoidance and reduction of impacts to the nontidal wetlands and to avoid delay in the approval process. (4) Preliminary Forest Conservation Plan A. A preliminary forest conservation plan shall: 1. Be submitted as required by subsection (c)(1)b of this Section. 2. Include the approved forest stand delineation for the site; 3. Include a table that lists the proposed values of the following, in square feet: a. Net tract area, b. Existing cleared and retained forest areas, c. Area of forest conservation required, and d. Area of forest conservation that the applicant proposes to provide, including both on-site and off-site areas. 4. Include a clear graphic indication of the forest conservation provided on the site drawn to scale, showing areas where clearing and retention of existing forest and specimen trees, or afforestation or reforestation is proposed, and FSD requirements; 5. Include an explanation of how the provisions of subsection (c)(3) of this Section have been met; 6. In the case of afforestation or reforestation, include a proposed afforestation or reforestation plan with a timetable and description of needed site and soil preparation, species, size, and spacing to be used; 7. Include a proposed construction timetable showing the sequence of forest conservation procedures; Supp. No. 10, Article 7 Environmental Regulations

30 721 Forest Conservation City of Frederick 8. Show the proposed limits of disturbance; 9. Show existing and proposed utility easements and storm water management areas; 10. Incorporate a proposed two (2)-year maintenance agreement that shows how areas designated for afforestation or reforestation will be maintained to ensure protection and satisfactory establishment including: a. Watering, and b. A reinforcement planting provision if survival rates fall below required standards, as stipulated in the final forest conservation plan; 11. Show proposed locations and types of protective devices to be used during construction activities to protect specimen trees and forests designated for conservation; 12. Include statement for proposed long-term agreement; 13. Include maintenance table; 14. Include information required in the Forest Conservation Technical Manual; and 15. Include other information the approving authority determines is necessary to implement this Section. 16. If a site has a history of agricultural activity (by definition in this Ordinance), the Department of Agriculture must be contacted to determine if the site has a history of noxious weeds. a. If determined positive, the Planting and Maintenance procedures for this plan shall include recommendations from the Department of Agriculture to appropriately control the problem for future planting sites. b. If determined negative, a letter from the Department of Agriculture shall be provided confirming this fact. Article Environmental Regulations Supp. No. 10, 2-13

31 City of Frederick 721 Forest Conservation B. The applicant must attend a pre-construction meeting with the Planning Department prior to grading the development area and/or prior to planting a particular area. C. The review of the preliminary forest conservation plan shall be concurrent with the review of the site plan or preliminary subdivision plat for Planning Commission or Department approval and with initial plan submission to the Engineering Department, if appropriate. D. During the different stages of the review process, the preliminary forest conservation plan may be modified provided the approving authority approves of the changes. (5) Final Forest Conservation Plan. A. A final forest conservation plan shall: 1. Be submitted as required by (c)(1) of this Section; 2. Include the substantive elements required under (c)(4)a. of this Section, as finalized elements of the forest conservation plan; 3. In the case of afforestation or reforestation, include an afforestation or reforestation plan, with a timetable and description of needed site and soil preparation, species, size, and spacing to be used; 4. Incorporate a binding two (2)-year maintenance (short-term) agreement containing at a minimum the provisions specified in COMAR that details how the areas designated for afforestation or reforestation will be maintained to ensure protection and satisfactory establishment; 5. Incorporate a long-term binding protective agreement containing at a minimum the provisions specified in COMAR that provides protection for areas of forest conservation, including areas of afforestation, reforestation, and retention, and limits uses in areas of forest conservation to those uses that are designated and consistent with forest conservation, including recreational activities and forest management practices that are used to preserve forest. Within 30 days of execution, the applicant Supp. No. 10, Article 7 Environmental Regulations

32 721 Forest Conservation City of Frederick shall record a legally binding protective agreement in the local land record office in the county where the project is located; 6. Show temporary or permanent stockpile areas; 7. Include a statement for the financial security obligation. Security/guarantee is required at the time of submitting the public works guarantees for the Improvement Plans, or at the time of plat recordation if there are no associated improvement plans and; 8. Include other information the Planning Department or Engineering Department determines is necessary to implement this Section. 9. Provide a note stating that protective devices shall be removed prior to release of full guarantee in accordance with subsection(b)(8)d of this Section. B. Time for Submittal of Final Forest Conservation Plan 1. Within forty-five (45) calendar days after receipt of the final forest conservation plan, the approving authority shall notify the applicant whether the forest conservation plan is complete and approved. 2. If the approving authority fails to notify the applicant within forty-five (45) calendar days, the plan shall be treated as complete and approved. 3. The approving authority may require further information or extend the deadline for an additional fifteen (15) calendar days under extenuating circumstances. 4. At the request of the applicant, the approving authority may extend the deadline under extenuating circumstances. C. The review of a final forest conservation plan shall be concurrent with the review of project plan, grading permit application, or sediment control permit application associated with the project. Article Environmental Regulations Supp. No. 10, 2-13

33 City of Frederick 721 Forest Conservation (d) Forest Conservation Standards (1) Retention Priority The following trees, shrubs, plants, and specific areas are considered priority for retention and protection and shall be left in an undisturbed condition unless the applicant has demonstrated, to the satisfaction of the approving authority that reasonable efforts have been made to protect them and the plan cannot be reasonably altered: A. Trees, shrubs, and plants located in sensitive areas including the one hundred (100)-year floodplain, intermittent and perennial streams and their buffers, steep slopes, nontidal wetlands, and critical habitats: B. Contiguous forest that connects the largest undeveloped or most vegetated tracts of land within and adjacent to the site; (2) Retention Priority - Modifications The following trees, shrubs, plants, and specific areas are considered priority for retention and protection and shall be left in an undisturbed condition unless the applicant has demonstrated, to the satisfaction of the approving authority that the applicant qualifies for a modification in accordance with Section 721(b)(3) of this Code: A. Trees, shrubs, or plants determined to be rare, threatened, or endangered under: 1. The Federal Endangered Species Act of 1973 in 16 U.S.C. Sec and in 50 CFR Part 17, 2. The Maryland Nongame and Endangered Species Conservation Act, Natural Resources Article, Sec. 10-2A A-09, Annotated Code of Maryland, and 3. COMAR ; B. Trees that: 1. Are part of a historic site, 2. Are associated with a historic structure, or Original Adopted Version: Article 7 Environmental Regulations