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Subject
Adoption of Ordinance to amend Chapter 10.5 of the Rockville City Code, entitled “Forest and Tree Preservation” by amending Article II, entitled, “Forest Stand Delineation and Forest Conservation Plans,” Section 10.5-11 entitled, “General Requirements,” to reduce the maximum square footage of forest disturbance permitted for a single dwelling unit to be exempt from filing a Forest Stand Delineation and a Forest Conservation Plan; and by amending Article III, entitled, “Retention, Tree Replacement, Afforestation and Reforestation Requirements,” Section 10.5-21 entitled, “Retention,” to clarify the requirements for priority retention areas and the removal of priority trees, and Section 10.5-22 entitled “Tree Replacement, Reforestation and Afforestation,” to reduce the maximum square footage permitted for an existing single recorded residential lot or linear project to be exempt from the afforestation requirements, and to delete reference to the RPR and RPC zones, and Section 10.5-24 entitled "Payment in Lieu of Tree Replacement, Reforestation and Afforestation," to reference the Code of Maryland Regulations in lieu of the State Forest Conservation Technical Manual and the DNR; and by amending Articled IV entitled, “Forest Conservation, Maintenance and Management Agreements,” Section 10.5-25 entitled, “Short-term maintenance agreements,” to reference the City’s list of non-native/invasive plants in lieu of the list of such plants no longer maintained by the Maryland Department of Natural Resources; and to make certain other clarifying modifications and amendments to Chapter 10.5 of the Rockville City Code.
Recommendation
Staff recommends that the Mayor and Council amend and adopt the Ordinance.
Change in Law or Policy
The Ordinance amends Chapter 10.5 of the Rockville City Code.
Discussion
Since the introduction of the Ordinance, the Maryland Department of Natural Resources (DNR) suggested revisions, which staff has incorporated. If the Mayor and Council find the changes to the Ordinance to be acceptable, a motion to amend the Ordinance as modified should be made, seconded and passed. Then the Ordinance as amended may proceed to adoption.
Based on DNR input, Forestry staff clarified several items and added additional language concerning the removal of rare, threatened or endangered plants, champion, specimen, or significant trees and trees associated with historic sites or structures. One of the revisions to the State Forest Conservation Act is the requirement to obtain a variance for the removal of certain trees and vegetation including, rare, threatened or endangered plants, champion and specimen trees as well as trees associated with a historic site or structure. A paragraph has been added to Section 10.5-21 to clarify that removal of these trees requires the applicant to provide sufficient justification to the City Forester and subsequent approval of said justification.
The State also requested that the City remove the referral to the State Forest Conservation Manual in two sections and refer to the specific Natural Resources Article for the rare, threatened or endangered species and refer to the section in COMAR for the use of fee in lieu funds. These two changes were requested since the State Forest Conservation Manual is for guidance only and may be challenged in court.
Mayor and Council History
This item was introduced at the September 14, 2009 Mayor and Council meeting.
Public Notification and Engagement
Certified letters were sent to the five property owners on August 24, 2009 who may be affected by the Ordinance change. Forestry has not received any public comment on this item.
Fiscal Impact
There is no fiscal impact associated with this agenda item.
Next Steps
Forestry staff will implement the new Ordinance changes.
Attachments
Department Head:
Burt Hall, Director of Recreation and Parks
Approved on: 10/05/2009
Assistant City Manager:
Jenny Kimball, Assistant City Manager
Approved on: 10/05/2009
City Manager:
Scott Ullery, City Manager
Approved on: 10/05/2009
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