This regulation implements the Tree Canopy Law, Chapter 55 of the Montgomery County Code as adopted by Bill No. 35-12. Definitions of the terms used in the regulation are provided in Section 55-3 of the County Code. For the purpose of this regulation, the following additional words and phrases will have the meaning respectively ascribed to them in this regulation: Growing zone: a contiguous area at least 400 square feet of open surface area free of any impervious surface, utility, stormwater management system, or any other impediment to tree and root growth and development. Planting area: any location within a growing zone where a shade tree can be planted. Planting plan: an approved sediment control plan that shows all approved potential growing zones, approved potential planting areas within each growing zone, and an approved planting detail. Record drawing plan or as-built plan: at a minimum, a set of drawings comparing the approved planting plan requirements with what was constructed. The Director may require additional information as needed. Except as otherwise provided in this regulation, procedures for application, implementation, review, approval, denial, and appeal are the same as the procedures for sediment control permits under Chapter 19 of the County Code. The following documents are incorporated by reference as if fully set forth. Whenever the provisions of this regulation and those of the following documents are in conflict, the provisions of this regulation will govern and be enforced in the County: A. American National Standards for Tree Care Operations, ANSI A300, American National Standards Institute, hereinafter referred to as ANSI A300, in effect as of December 1, 2013. B. American Standard for Nursery Stock, ANSI Z60.1, American Nursery & Landscape Association, hereinafter referred to as ANSI Z60.1, in effect as of December 1, 2013. Any person exempt under Section 55-5 of the County Code must include the exemption on the sediment control plan at the time of application, on all approved revisions, and on any record drawing plans or as-built plans. A. The number of shade trees required shall be as specified in Section 55-6(b) of the County Code. B. If the square footage of the limits of disturbance is more than 40,000, then the number of shade trees required must be calculated using the following formula: (Number of Square Feet in Limits of Disturbance + 40,000) × 15 If necessary, the number of shade trees required shall be rounded to the nearest whole number using standard rounding rules. No less than one additional shade tree shall be required for any square footage above the first 40,000 square feet within the limits of disturbance. A. Required submissions for application. In addition to other required information and supporting certifications as required for submission of sediment control plans under Chapter 19 of the County Code and as required by Section 55-7 of the County Code, a person subject to this Chapter must also submit to the Director the following information with each application for a sediment control permit: (1) a planting plan delineating: (a) boundaries for all potential growing zones; (b) all acceptable planting areas within each potential growing zone; (c) a tree planting detail if trees can be planted on-site to satisfy mitigation requirements under Section 55-6 of the Code. (2) a table summarizing: (a) the square footage of the property; (b) the square footage of the limits of disturbance of the proposed activity as shown on the sediment control permit application; (c) the square footage of each potential growing zone; (d) the number of shade trees required under 55-6 of the County Code; (e) the number of shade trees to be planted on site; and (f) the amount of fees to be paid under Section 55-6 of the County Code. B. Issuance of sediment control permit. The Director must not issue a sediment control permit to a person that is subject to this regulation until: (1) the Director has approved the applicant's planting plan if no exemption under Section 55-5 of the County Code applies; (2) the applicant provides all fees required under Chapter 55-6 of the County Code; and (3) the applicant has satisfied all applicable requirements under Article I of Chapter 19 of the County Code. C. Revisions to Approved Plans. (1) If the limits of disturbance or disturbed area are increased after issuance of the sediment control permit, the shade tree planting requirements must be recalculated based upon the revised area. The table required in Section 55-7(a)(2) of the County Code must be revised accordingly. (2) If any approved growing zones shown on the approved sediment control plan are later revised, or if additional growing zones are added, the sediment control plan must be revised and resubmitted for review. The fee for reviewing the revised plans must be the minimum fee for the review of a sediment control plan. (3) If the disturbed area, or limits of disturbance, are decreased, without changes to approved growing zones, after issuance of the sediment control permit, the tree planting requirements may not be decreased if any disturbance has occurred under that permit. D. Closure of Sediment Control Permit. Upon completion of a project that is subject to this section and before the sediment control permit is closed by the Department, the applicant must submit a record drawing plan or as-built plan that includes the following: (1) all information required by 55.00.01.07(A)(1) and (2) of this regulation; (2) any revisions to plans, specifically to growing zones and planting areas including those approved in the field; (3) any revisions to the table summarizing requirements in Section 55-6(b) of the County Code; and (4) all other requirements under Chapter 19 of the County Code. The planting of each shade tree under Chapter 55 of the County Code must conform to the following requirements: A. Each shade tree must be planted within the planting area within a growing zone as defined under this regulation and as approved on the sediment control plan. B. The growing zone may be of any shape subject to the following: (1) The distance from any point on the growing zone boundary to any other point must not be greater than 30 feet. (2) It must be possible to draw a straight line from every point in the growing zone to the stem of the planted tree without going outside the boundary. (3) The entire growing zone must be completely within the boundary of the subject property; except open surface area on an adjacent right-of-way may be included if no utility, public utility easement, stormwater management system, or impervious surface is located in that part of the right-of-way. (4) The growing zone must not contain any impediments to tree and root growth and development, including: (a) No part of the growing zone can be closer than 5 feet, measured horizontally, from any electric, gas, water, sewer, telephone, cable television, or other overhead or underground utility. (b) No part of the growing zone can be closer than 5 feet, measured horizontally, from any stormwater management system. (c) The growing zone must not include any concrete, asphalt, brick, gravel, or other impervious surface. (d) The growing zone must not include any retaining walls, clean construction fill (including but not limited to brick, block, stone, or sand), underground storage tanks, bedrock, compacted soil, or other impediment to root growth. (e) The growing zone must not include any area within a septic easement or a septic reserve. C. The stem of any shade tree planted within a growing zone must: (1) Be planted such that a straight line can be drawn from the stem to any point on the growing zone boundary without going outside the growing zone. (2) Be no closer than 5 feet from any point on the growing zone boundary. (3) Be no closer than 10 feet from any structure with a building foundation below grade. (4) Be no closer than 15 feet, measured horizontally, from the closest point on the ground directly below an electric, telephone, cable television, or other overhead wire. (5) Be on the subject property and no closer than 5 feet from any property boundary, right-of-way, public utility easement or other public improvement easement. D. Each shade tree must conform to the following: (1) Shade trees must meet all requirements for plant material in ANSI Z60.1; (2) Shade trees must be a minimum of 2" caliper. E. The installation of each shade tree must: (1) meet all requirements of ANSI A300. (2) At the time of planting: (a) Tree guards to protect trees from deer rubbing, mowers, weed eaters, other equipment, and large rodents must be installed on all shade trees. (b) Mulch must be applied. (c) Sufficient water must be applied to aid in proper planting. F. Timing of Plantings (1) Shade trees must be installed between October 15th and May 15th as long as the ground is not frozen, saturated, or covered with snow such that a suitable hole cannot be dug to plant the tree properly. (2) Shade trees must not be installed between May 16th and October 14th of each year. (3) If shade trees are installed prior to final stabilization of the land disturbing activity then no additional disturbance must occur within five feet of the stem of the tree. Protective fencing must be installed at edge of this area at the same time the tree is installed and must remain in place until final stabilization occurs. (4) If installation of shade trees to meet the requirements of Chapter 55 of the County Code cannot occur between October 15th and May 15th for any reason, or will not be planted for any other reason, the applicant must pay the required fees. A. 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. B. The location of all potential growing zones must be clearly marked in the field prior to any land disturbing activity. C. The location of all potential growing zones and planting areas must be clearly marked in the field prior to installation of any shade trees. A. A copy of the approved sediment control plan showing all approved growing zones and planting areas, must be available on the site at all times. B. At least one inspection must occur after all construction activities are completed to determine the level of compliance with shade tree planting requirements. If a court holds that a portion of this regulation is invalid, the other portions remain in effect.