Sec. 25-120. Administration

The plan review function shall be administered by the Maryland-National Capital Park and Planning Commission's Planning Department with input from the County.

Enforcement shall be conducted by the County with technical assistance provided by the Maryland-National Capital Park and Planning Commission's Planning Department.

County inspectors may enter properties subject to this Division for the purpose of inspection and enforcement. The Planning Director may enter properties to confirm information provided on an FSD, NRI or TCP submitted for review.

Prior to the issuance of the first grading permit for a site subject to this Division, a pre-construction meeting shall be held by the County inspector with all necessary site personnel of the permitee to discuss the provisions of the TCP. At a minimum, the limits of disturbance shown on the TCP2 shall be verified in the field by the County inspector and all appropriate conservation notes on the plans shall be discussed with the permitee. After all required temporary tree protection devices are in place, clearing and grading as depicted on the approved TCP2 may proceed.

If, during the development of the site, it is determined that additional woodland clearing is necessary, an area of up to 5,000 square feet may be approved by the County inspector in the field unless the clearing impacts streams or their associated buffers; wetlands or their associated buffers; or the one-hundred (100) year floodplain. Additional clearing of areas 5,000 square feet and greater; clearing impacts to streams and their associated buffers, wetlands and their associated buffers; or the one-hundred (100) year floodplain shall require the review and approval of a revision to the TCP2 prior to the additional clearing taking place. Failure to submit a revised TCP2 prior to clearing more than 5,000 square feet of woodland not previously approved constitutes a violation of this Division.

Periodic inspections throughout the site development process shall be conducted by a County inspector and the permitee to ensure that the work is proceeding in conformance with the approved TCP2.

Woodlands preserved to meet the requirements shall be protected from construction activities utilizing temporary protection devices following the details shown on the TCP2 and per the standards of the Technical Manual. Afforestation and reforestation areas shall be protected from soil compaction with temporary protection devices prior to planting to prevent soil compaction and permanent devices once planting has taken place.

Specimen, champion and historic trees shall be protected in conformance with the specific details provided on the TCP2. All conservation notes and practices shall be implemented in the field by the permitee.

Prior to the issuance of a use and occupancy permit, an inspection shall be conducted by the County inspector to ensure that all temporary and permanent tree protection devices are in place. If the tree protection devices are not in place the use and occupancy permit shall not be issued. Temporary tree protection devices shall remain in place until the bond has been released for the subject property. Permanent tree protection devices shall remain in place until satisfactory afforestation and reforestation survival is met.

Prior to the issuance of the use and occupancy permit for a subject lot or parcel, an inspection shall be performed by the County inspector to ensure that the provisions of the TCP2 for the subject lot have been completed. If woodland conservation areas are shown on the subject lot, the County inspector shall verify that the woodland conservation area is in conformance with the approved TCP2. If the woodland conservation area is less than that required to be conserved, either the additional area shall be conserved or a revised TCP2 shall be approved prior to issuance of the use and occupancy permit.

Prior to release of any bond or security related to woodland conservation, an inspection shall be conducted by the County inspector to ensure that all the requirements of the TCP2 have been met. If afforestation or reforestation areas are part of the TCP, the release of the bond or security shall not occur until the four-year management plan has been fulfilled and the County inspector has verified the work is complete.

A copy of the approved TCP2 shall be available on-site or through the applicant's representative from the time of the pre-construction meeting until the final bond for woodland conservation is released.

The County may issue a stop work order against any person who violates any provision of this Division or any regulation, order, approved plan, or management agreement.

The following actions constitute a violation of this Division:

Removal of a documented dead, dying or hazardous tree. In order to be deemed dead, dying or hazardous, the tree must be evaluated by a qualified professional or licensed tree expert. To be considered a hazardous tree, the professional must provide documentation that the tree is in a position where it threatens property damage or could cause injury. Refer to the Technical Manual for required documentation of dead, dying or hazardous trees.

Removal of documented exotic, invasive or noxious plant species. Refer to the Technical Manual for required documentation and for lists of plant species that are exotic, invasive or noxious.

Passive activities such as herb gardens, sitting areas, and wildflower gardens only if existing woodland vegetation, such as native woody understory trees, shrubs, vines and groundcover, is not removed for installation.

Removal of severed trunks, dead branches and dead debris created as a result of storm damage.

Removal of trash and other human-made debris.

Work completed in conformance with a Forest Management Plan is not a violation and may be conducted with the use of wheeled mechanical equipment.

For project subject to bonding, the County inspector may make a decision with regard to the removal of hazardous trees on the edges of cleared areas and trees damaged as a result construction activities or storm events.

The fine may be imposed in addition to the required mitigation.

The violation fine applies whether the entire woodland is removed or whether only the understory vegetation is removed with the canopy trees remaining.

The fine may be waived by the County if all appropriate mitigation and/or restoration is provided by the property owner or permitee.

If the County conducts the required restoration because the property owner or permitee fails to do so in a timely manner, the fine shall not be waived or reduced.

If the County conducts the required restoration because the property owner or permitee fails to do so, a lien may be placed on the subject property to recover the costs of the mitigation.

Fines collected for violations shall be placed in the Woodland Conservation Fund.

Each day a violation continues may be considered a separate violation after the period to correct the violation has expired.

The required TCP for mitigation shall be submitted by the property owner or permittee within 30 days of receipt of a violation notice or within the timeframe provided in a decision by the County.

The implementation of all mitigation measures shall be the responsibility of the property owner.

Mitigation shall be accomplished on an acre for acre basis.

When specimen, champion, or historic trees designated for preservation have been damaged or destroyed, the mitigation to be provided shall be equal in value to the restoration or replacement cost as calculated using the latest edition of the "Guide for Plant Appraisal" published by the Council of Tree and Landscape Appraisers. Priority shall be given to restoring the tree(s) if possible, then replanting the area with trees that total the cost of the tree(s) lost if sufficient space is available for replanting. If replanting the area is not feasible, the next option is replanting in an approved location with the final option being payment of a fee-in-lieu equivalent to the amount calculated for restoration or replacement. The restoration or replacement value shall be calculated by a professional with experience using the "Guide for Plant Appraisal." A revision to the approved TCP shall be obtained to reflect the proposed mitigation measures, or, if the site does not have an approved TCP, a TCP2 shall be submitted for approval by the Planning Director. Other methods for calculating mitigation for damaged or destroyed trees may be considered and approved by the Planning Director.

The property owner or permittee shall provide a completion bond acceptable to the County to cover the required mitigation measures.

Fee-in-lieu payments associated with approved TCPs

Fines as a result of violations

Fee-in-lieu payments to mitigate violations

Fee-in-lieu payment associated with the mitigation for removal of a specimen or historic tree;

Money deposited in the Specimen and Historic Tree Fund may only be spent on reforestation and afforestation, including the costs directly related to site identification, acquisition, prepurchase, and preparation, maintenance of existing forest, and achieving urban canopy goals, and may not revert to any other general fund.

The fee amount shall be $500 per 2 inches of tree caliper required for replacement. This fee shall be adjusted for inflation in accordance with the Consumer Price Index for all urban consumers published by the United States Department of Labor, for the fiscal year preceding the year for which the amount is being calculated.