§ 17.09.070. Replacement value—Mitigation—Fee in lieu—Exceptions.

A.

Replacement Trees. It is the intent of this section to ensure that landscaping proposed in association with development will reflect the density and species of those trees necessarily removed for development. Therefore, trees removed for development shall be replaced according to the following requirements:

1.

The number of trees to be replaced are contained in the following table:

Table 17.09.070

Tree Replacement Requirements

Plant Material Size	Number to be replaced for number removed: Outside Critical Areas	Number to be replaced for number removed: Intensely Developed Areas	Number to be replaced for number removed: Limited Development Areas	Number to be replaced for number removed: Resource Conservation Areas	Number to be replaced for number removed: 100 foot Buffer Critical Area
Scrub shrub - sapling <1″ DBH	no replacement	1 for every 20 square feet	1 for every 40 square feet	Area basis for area basis	*
Trees 1 to <4″ DBH	no replacement	1 for 1	1 for 1	Area basis for area basis	*
Trees 4 to <12″ DBH	1 for 2	2 for 1	1 for 1	Area basis for area basis	*
Trees 12 to <18″ DBH	1 for 1	3 for 1	2 for 1	Area basis for area basis	*
Trees 18 to 24″ DBH	2 for 1	4 for 1	3 for 1	Area basis for area basis	*
Trees >24″ DBH	3 for 1	6 for 1	4 for 1	Area basis for area basis	*
Additional requirements found in Section	17.09.070	17.09.070 (G)(1-2)	17.09.070 (H)(1—5)	17.09.070 (I)(1-2)	17.09.070 (J)(1—8)

 

* Must obtain approved buffer management plan from the Department of Planning and Zoning

2.

One or more trees may be transplanted as replacement trees from areas designated to be cleared on a development site; however transplanted trees shall only be used when a professional nursery, landscape contractor, or similar professional qualified to do this work, is employed to transplant the trees. This professional shall meet with City staff prior to moving any trees to ensure that the trees to be moved are healthy and suitable for transplanting.

3.

Replacement trees shall be a species native to Maryland and shall be healthy, free of pests or disease and in good condition. Deciduous species shall be a minimum of two inches in caliper measured six inches from the ground. Coniferous trees shall be a minimum of five feet in height. Transplanted trees shall be, at a minimum, of the approximate size as nursery stock and shall be healthy, free of pests or disease and in good condition.

4.

Any landscaping requirements imposed under other sections of this code shall include any and all replacement trees.

5.

Any waiver or modification to these requirements shall be made in accordance with Section 17.09.130 of this chapter.

B.

Mitigation. If the number of trees to be planted, as determined by the tree replacement requirements, exceeds the number of trees which can be accommodated practically on site as determined by the Department of Planning and Zoning, off-site planting may be requested at locations as determined by the developer and the Department of Planning and Zoning, or a fee in lieu of off-site planting may be required as provided in subsection C of this section. Trees removed for development within the critical area must be replaced within the critical area.

C.

Fee-in-Lieu. Where, pursuant to subsection A of this section, replacement on site is not practical and an off-site location cannot be determined and agreed upon by the developer and the Department of Planning and Zoning, a fee-in-lieu as set by resolution of the City Council may be assessed which is adequate to ensure an equivalent tree replacement as required by subsection A of this section. All funds collected by this process will be expended exclusively for tree planting and tree maintenance within the City under the auspices of the urban forestry program and, wherever possible, within reasonable proximity to the development from which fees are collected for planting. Fees-in-lieu collected for trees removed within the critical area shall be expended exclusively for tree planting and tree maintenance within the critical area, and if possible within the same creek watershed.

1.

All funds collected by this process will be expended exclusively for tree planting and tree maintenance within the City under the auspices of the urban forestry program and, wherever possible, within reasonable proximity to the development from which fees are collected for planting.

2.

Fees in lieu collected for trees removed within the critical area shall be expended exclusively for tree planting and tree maintenance within the critical area, and if possible within the same creek watershed.

D.

Exceptions. The following trees removed for development are not subject to the requirements of Subsections A, B and C of this section:

1.

Trees removed for the construction of approved roads and the installation or maintenance of public utilities.

a.

Approved roads include City required public roads and fire lanes, but does not include any portion of a parking lot.

b.

Public utilities include gas, electric, water and sewer main transmission lines, and stormwater management structures within required easements.

2.

Trees which have been confirmed by the Department of Planning and Zoning to be hazardous, dead, dying or diseased;

3.

Trees transplanted from one part of a development site to another.

E.

General Applicability. Except as provided by Subsection D of this section, the requirements of this section apply to all development and construction undertaken pursuant to any grading permit or pursuant to any building permit for construction which may involve the disturbance of land but for which a grading permit previously was not required.

F.

Minimum Standards. Afforestation and reforestation as required by the Maryland Forest Conservation Act, Annotated Code of Maryland, Natural Resources Article, Title 5, Subtitle 16 (or its successors) shall be a minimum standard for the replacement and planting of trees where Chapter 17.09 of this code applies, regardless of the square footage of the area disturbed.

G.

The locations of intensely developed areas, limited development areas, resource conservation areas and the critical area buffer are shown on the approved critical areas map for the City of Annapolis and its amendments. Proposed development shall be consistent with the approved critical areas plan for the City of Annapolis.

H.

Additional Standards for Limited Development Areas.

1.

Under normal circumstances, no more than twenty percent of any forest or woodland may be removed from forest use, except as permitted in Subsection (C)(3) of this section. The remaining eighty percent shall be maintained through recorded, restrictive covenants or similar instruments.

2.

A developer may clear or develop up to thirty percent of any forest or woodland, provided that the afforested area shall be one and one-half times the total surface acreage of the disturbed forest or developed woodland. The remaining seventy percent shall be maintained through recorded, restrictive covenants or other similar instruments.

3.

If no forest is established on proposed development sites, these sites shall be planted to provide a forest or developed woodland cover of at least fifteen percent of the total surface area of the site.

4.

Forests which have been cleared before obtaining a grading permit, or that exceed the maximum area allowed in Subsection (C)(3) of this section shall be planted at three times the areal extent of the cleared forest.

5.

The developer shall consider the recommendations of the Maryland Forest, Parks and Wildlife Service when planning development on forested lands.

I.

Additional Standards for Resource Conservation Areas.

1.

In addition to the requirements of Subsection H of this section, the overall acreage of forest and woodland within the resource conservation area may not be decreased.

2.

Any development within a resource conservation area that requires the cutting or clearing of trees must replace the trees on a not less than an equal area basis, except where trees are removed according to Subparagraphs 4, 6 and 8 of Subsection J of this section.

J.

Additional Standards for the Critical Area Buffer.

1.

A one hundred-foot buffer is established landward from the mean high water line of tidal waters, tributary streams, and tidal wetlands which is a protected area.

2.

New development activities, including structures, roads, parking areas and other impervious surfaces, mining or related facilities, or septic systems, may not be permitted in the buffer, except for those necessarily associated with water-dependent facilities.

3.

The buffer shall be maintained in natural vegetation, but may include planted vegetation as approved by the Department of Planning and Zoning where necessary to protect, stabilize or enhance the shoreline.

4.

Cutting of trees or removal of natural vegetation may be permitted where necessary to provide access to private piers, or to install and construct a shore erosion protection device or measure, or a water-dependent facility, provided the device, measure or facility has received all necessary City, State, and Federal permits.

5.

With the concurrence of the Department of Planning and Zoning, individual trees may be cut for personal use providing that this cutting does not impair the water quality or existing habitat value or other functions of the buffer, and provided that the trees are replaced on an equal area basis for each tree cut.

6.

With the concurrence of the Department of Planning and Zoning, individual trees may be removed which are in danger of falling and causing damage to dwellings or other structures, or which are in danger of falling and therefore causing the blockage of streams, or resulting in accelerated shore erosion.

7.

Horticultural practices shall be used to maintain the health of individual trees.

8.

Other cutting techniques may be permitted within the one hundred-foot buffer and under the advice and guidance of the Department of Planning and Zoning, if necessary to preserve the forest from extensive pest or disease infestation or threat from fire.

K.

Forest Preservation Plan. The forest preservation plan as described within the approved critical areas program for the City of Annapolis shall be consistent with the provisions of this chapter.

L.

Forest Undeveloped Wood Land. Where forests or developed woodland occur within the City of Annapolis, local policies and programs for tree cultural operations in the critical area shall be consistent with the critical area program of the City of Annapolis.

M.

Applicability. The requirements of this section are in addition to, and not in lieu of, any and all requisites of this chapter.

N.

Restrictions. The requirements of this section do not restrict the removal of hazardous, dead, dying or diseased trees, although replacement may be required as determined by the Department of Planning and Zoning, nor are accepted horticultural practices restricted.

O.

Variance Procedures. Variance procedures shall be in accordance with the approved critical areas plan of the City of Annapolis.

P.

Minimum Standards. The provisions of the Maryland Forest Conservation Act, Annotated Code of Maryland, Natural Resources Article, Title 5, Subtitle 16, (or its successors) do not apply to the critical area, except that afforestation and reforestation as required by the Act shall be a minimum standard for the replacement and planting of trees.

(Ord. O-2-05 § 1, 2005; Ord. O-11-04 § 1 (part), 2004: Ord. O-26-03 § 1 (part): Ord. O-11-92 § 1 (part); Ord. O-40-88 § 1 (part))

(Ord. No. O-15-13, § I, 6-10-2013; Ord. No. O-12-16 Amended, § I, 5-23-2016)