(a) Alternatives. An applicant for a sediment control permit must plant shade trees on the affected property or, if the applicant opts not to plant the required number of trees, pay a fee under subsection (d). (b) Quantity. The number of shade trees required to be planted under this Section must be based on the square footage of the area in the limits of disturbance. (1) Unless modified or superseded by applicable regulations adopted under Method 1, the number of shade trees planted must comply with the following schedule: Area (sq. ft.) of the Limits of Disturbance | Number of Shade Trees Required From | To 1 | 6,000 | 3 6,001 | 8,000 | 6 8,001 | 12,000 | 9 12,001 | 14,000 | 12 14,001 | 40,000 | 15 (2) If the area in the limits of disturbance exceeds 40,000 square feet, the minimum number of shade trees required must be prorated using the ratio of 15 trees per 40,000 square feet. (c) Planting. Each planting of shade trees under this Section must conform to the following requirements: (1) Each shade tree must be allowed at least 400 square feet, unless applicable regulations adopted under Method 1 specify a smaller amount, of open surface area free of any impervious surface, utility, stormwater management system, or other impediment to root growth and development. (2) Shade trees may be planted anywhere on the subject property, including outside the limits of disturbance if sufficient open surface area is available entirely within the property boundaries. Open surface area on an adjacent County right-of-way may be included if no utility, public utility easement, or impervious surface is located in that part of the right-of-way and the tree is located on the affected property so that its stem will not grow into the right-of-way. (d) Fees. (1) If the applicant concludes that any required shade tree cannot be planted on the affected property because sufficient open surface area is not available or for any other reason, the applicant must pay into the Tree Canopy Conservation Account a fee, at a rate set under paragraphs (2) or (3), for each required shade tree that is not planted on the affected property. (2) Except as provided under paragraph (3), the rate to calculate the amount payable under paragraph (1) equals $470 per tree, as adjusted on July 1st of each odd numbered year by the percentage amount of the cumulative increase or decrease in the Consumer Price Index for all urban consumers in the Washington-Baltimore metropolitan area, or any successor index, for the two most recent calendar years. (3) By resolution after a public hearing, the Council may set the rate to calculate the amount payable per tree under paragraph (1). (4) The Director must: (A) calculate an annual fee adjustment under paragraph (2) to the nearest multiple of 5 cents; and (B) publish an amount of a fee adjustment under paragraphs (2) or (3) not later than May 1st of each odd numbered year.

(a) Required submissions. A person subject to this Chapter must submit to the Director the following information with each application for a sediment control permit: (1) a plan delineating: (A) the property boundaries; (B) the proposed limits of disturbance, including any off-site areas; (C) any shade tree planting locations and the required open surface area for each planting location; (2) a table summarizing: (A) the square footage of the property; (B) the square footage of the limits of disturbance of the proposed activity; (C) the number of shade trees required under Section 55-6(b), the number of shade trees to be planted, and the amount of fees to be paid under Section 55-6(d); and (D) the open surface area surrounding each shade tree planting location; and (3) any additional information specified by regulation. (b) Qualification of preparer. A professional engineer, land surveyor, architect, or other person qualified to certify an erosion and sediment control plan under Chapter 19 is also qualified to submit the information required under this Chapter. (c) Incomplete submissions. The Director must not accept an incomplete submission. (d) Review of submissions. Each submission required under this Chapter must be reviewed along with any submission required under Article I of Chapter 19. (e) Coordination of review. The Director may coordinate the review of any information submitted under subsection (a) with one or more other agencies as appropriate. If the Director coordinates the review with other agencies, the reviews must be performed concurrently and in accordance with any review coordination required under Chapter 19. (f) Issuance of sediment control permit. The Director must not issue a sediment control permit to a person that is subject to this Chapter until: (1) the Director has approved the applicant’s planting plan; (2) the applicant pays any fee required under this Article; and (3) the applicant has satisfied all applicable requirements under Article I of Chapter 19. (g) Validity period. An approved shade tree planting plan remains valid for the length of the associated sediment control permit. (h) Application requirement. To prevent circumvention of this Chapter, the Director may require a person to apply for a sediment control permit if that person limits the removal of tree canopy or limits land disturbing or construction activities below the requirements for a sediment control permit and within the next 10 years disturbs additional tree canopy or land on the same property, or conducts other activities, such that in the aggregate a sediment control permit would have been required.

(a) Permission to gain access. The Director may enter any property permitted under this Chapter to inspect the property and enforce this Chapter while the permit is in effect. (b) Plan to be on site; field markings. A copy of the approved limits of disturbance, including planting locations and minimum open surface areas, must be available on the site for inspection by the Director. Field markings must exist on site before and during installation of all newly planted shade trees, sediment and erosion control measures, construction, or other land disturbing activities. (c) Inspections. The Director must conduct field inspections for any activity subject to this Chapter along with any inspection required for a sediment control permit under Article I of Chapter 19. The Director may authorize additional inspections or meetings as necessary to administer this Chapter. (d) Timing of inspections. The inspections required under this Section must occur after all construction activities are completed to determine the level of compliance with shade tree planting requirements.