§ 21.71.110. Payment instead of afforestation and reforestation.

A.

Forest Conservation Fund.

1.

There is established a forest conservation fund.

2.

If a person subject to this chapter demonstrates to the satisfaction of the Department that requirements for afforestation or reforestation onsite or offsite cannot be reasonably accomplished, the person shall contribute money into the City forest conservation fund:

i.

For a project inside a priority funding area, as defined in Natural Resources Article, § 5-1610, Annotated Code of Maryland, at a rate per square foot of the area of required planting to be set by resolution of the City Council sufficient to provide for site identification, acquisition, preparation, ongoing maintenance costs and overhead, and

ii.

For a project outside a priority funding area, at a rate twenty percent higher than the rate established for a project inside a priority funding area.

3.

Money contributed instead of afforestation or reforestation under this chapter shall be paid prior to the issuance of a grading permit.

4.

The City shall accomplish the afforestation or reforestation for which the money is deposited within two years or three growing seasons, whichever is a greater time period, after receipt of the money.

5.

Money deposited in the City forest conservation fund:

i.

May be spent on the costs directly related to afforestation and reforestation, including site identification, acquisition, preparation, maintenance of existing forests, and achieving urban canopy goals;

ii.

Shall be deposited in a separate forest conservation fund; and

iii.

May not revert to the general fund.

6.

Sites for afforestation or reforestation using fund money:

i.

Except as provided in Subsection A.6.ii. of this section, the afforestation or reforestation requirement under this chapter shall occur in the watershed in which the project is located with priority that the requirement be met on land in the City before consideration of land outside the City.

ii.

If the afforestation or reforestation cannot be reasonably accomplished in the City or watershed in which the project is located, then the afforestation or reforestation shall occur in a watershed in Anne Arundel County.

(Ord. No. O-22-16 Amended, § I, 9-26-2016)