§ 5B-116. Submittal Requirements and Permit Issuance.

(a)

Conservation Plan Required. A Conservation Plan is a site plan that must be approved in addition to all other applicable standard requirements of the County Code for development or redevelopment if the land falls within the Critical Area. The Conservation Plan must include a buffer management plan for properties that contain a Critical Area buffer. Prior to the approval of any subdivision, site plan, the issuance of any grading permit or the issuance of building permits for any property within the Critical Area, a Conservation Plan must be approved unless:

(1)

the proposed project qualifies for a Staff Level Review per paragraph (b) below; or

(2)

the permit application consists of renovations and/or additions to existing improvements on residentially zoned lots, located outside of primary and secondary buffers, measuring 20,000 square feet or smaller in the Intense Development Overlay Zone in the Anacostia River basin.

(b)

Staff Level Review. The Director or the Director's designee may conduct a review and approve grading or building permit applications without a Conservation Plan if:

(1)

the property was within the Critical Area boundary and had obtained an approved Conservation Plan prior to the approval of the 2014 Critical Area Overlay Zone but is no longer within the overlay zone due to a map amendment; or

(2)

the area of disturbance is less than five-hundred (500) square feet, provided the criteria of items (i) through (viii) below can be met.

(i)

Disturbance will not occur in the Buffer; and

(ii)

Vegetation will not be removed as a result of the proposed activity; and

(iii)

Steep or severe slopes will not be disturbed; and

(iv)

Habitat Protection Areas will not be affected; and

(v)

Tidal or non-tidal wetlands will not be affected; and

(vi)

Existing property is in conformance with the requirements of the Zoning Ordinance and the proposed changes will retain this conformance; and

(vii)

A preliminary plan of subdivision is not required; and

(viii)

A Conservation Plan has not been approved for the subject property.

(c)

Requirements for Staff Level Review. The review shall be conducted within 30 days of receipt of a complete application. A complete application includes a completed application form; a description of how the criteria in Section 5B-116(b) have been met; the appropriate fee, if any; and a dimensioned plan showing the information required on the Staff Level Review plan checklist contained in the Environmental Technical Manual. In addition, information deemed necessary by the Planning Director or the Director's designee to show compliance with this Subtitle and the Zoning Ordinance may be required.

(d)

Requirements for a Conservation Plan. A conservation plan is required when the criteria above in Section 5B-116(b) cannot be met for the activity proposed.

(1)

The applicant shall submit to the Planning Department a completed application form, 23 folded prints of a dimensioned conservation plan prepared in accordance with the conservation plan checklist contained in the Environmental Technical Manual, and the appropriate fee. If the conservation plan has been prepared by a Property Line Surveyor, the horizontal location of all right-of-way lines, as shown on the plan, shall be certified by either a Professional Land Surveyor or a Professional Engineer. The plan shall be prepared at a scale of 1 inch = 50 feet or 1 inch = 30 feet. The conservation plan shall be referred to the Subdivision and Development Review Committee for review and comment. In addition, information deemed necessary by the Planning Director or the Director's designee to show compliance with this Subtitle and the County Code may be required.

(2)

Planting agreement. When planting is proposed to meet the requirements of this Subtitle, a signed planting agreement shall be included on the plan.

(3)

When a Conservation Plan is required, the property shall be posted with signs on-site for 30 days prior to the public hearing for plans approved by the Planning Board and for 30 days prior to the signature of the plan by the Planning Director or the Director's designee for reviews conducted by the Planning Director or the Director's designee. Posting of properties shall follow the provisions of Section 27-125.01 with regard to the number of signs required, submittal of affidavit and all other applicable provisions.

(e)

Planning Director Review. A conservation plan may be approved by the Planning Director or the Director's designee, if no variances to any provision of this Subtitle or the Zoning Ordinance are needed; the Conservation Plan is not associated with a subdivision application; and no request for a hearing by the Planning Board has been received.

(f)

Planning Board Review. A conservation plan shall be reviewed and approved by the Planning Board if the criteria for a Staff Level Review or Planning Director Review cannot be met.

(g)

Plan Validity Period. Once approved, a conservation plan is valid for three years. Staff Level Review approvals are also valid for three years. A valid approval is required in order to obtain permits. An extension of the approval may be granted by the original approval authority for a maximum of one year from the original expiration date.

(h)

Minor and Major Revisions to Conservation Plans. A copy of the approved conservation plan, with proposed revisions indicated, shall be submitted to M-NCPPC. Staff of the M-NCPPC and the Department of Permitting, Inspections, and Enforcement shall review the proposed changes and make recommendations to the Planning Director or the Director's designee. If the Planning Director or the Director's designee determines that the proposed revisions are not minor, the proposal will either have to be changed or submitted as a Major Revision.

(1)

Minor Revisions. Minor Revisions are those activities which do not result in a substantial change to the approved Conservation Plan. The following are Minor Revisions:

(A)

Revision of a landscape plan where equal mitigation is provided.

(B)

Revision of an area of disturbance where the change is less than five hundred (500) square feet provided that:

(i)

The new disturbance will not create the need for an engineered erosion and sediment control plan.

(ii)

Disturbance will not occur in the Buffer.

(iii)

No forest areas protected by the approved plan will be cleared as a result of the proposed activity.

(iv)

No steep slopes will be altered.

(v)

No Habitat Protection Areas will be affected.

(vi)

No tidal or non-tidal wetlands or wetland buffers will be affected.

(vii)

Revisions to the site design (e.g. materials or structure location) provided that the existing property is in conformance with the requirements of the Zoning Ordinance and the proposed change will retain this conformance.

(viii)

Revisions to the site design (e.g. materials or structure location) where the revision does not result in the lot coverage exceeding the maximum permitted for the site.

(ix)

Other revisions that the Planning Director or the Director's designee determines to be minor.

(2)

Major Revisions. A Major Revision will be treated as a wholly new Conservation Plan. The Plan will require review by the Subdivision Review Committee and approval by the Planning Board or the Planning Director or the Director's designee, as appropriate.

(i)

Building and Grading Permits.

(1)

Applications for grading and building permits require a copy of all applicable plans, including but not limited to, an approved conservation plan, an approved planting plan (and agreement), and/or an approved buffer management plan. Prior to final approval of the grading or building permit plan, whichever comes first, the liber and folio of the Conservation Agreement shall be placed on the grading or building permit plan.

(2)

Applications for grading and building permits shall also include a copy of an executed and recorded Conservation Agreement using the standard template that commits the existing and future property owners to the requirements and limitations of the approved plans. A copy of the template can be found in the Environmental Technical Manual.

(3)

Once the Conservation Plan or Staff Level Review Plan has been approved, a pre-construction meeting must be held before a permit is issued. In addition, all applicable fees-in-lieu must be paid and a bond posted that includes the cost of implementing all required planting on the site or as mitigation off-site prior to permit issuance. No clearing of vegetation or grading shall occur until a permit has been issued. If grading or clearing occurs prior to the issuance of a permit, woodlands shall be replanted at the required rate for a violation for the full extent of the area of disturbance.

(A)

It is the applicant's responsibility to arrange a preconstruction meeting through the Department of Permitting, Inspections, and Enforcement. The applicant shall submit copies of the approved Conservation Plan or Staff Level Review Plan to the grading inspector, building inspector and developer at the preconstruction meeting.

(B)

The purpose of the on-site meeting is to assure that the site is developed in accordance with the approved Conservation Plan or Staff Level Review Plan. All sediment controls must be properly installed and limits of disturbance must be clearly delineated. Trees or other vegetation to be retained within the limits of disturbance must clearly be marked with surveyor's tape. Marking of individual trees shall be done with surveyor's tape. All protective devices shall be in place prior to the commencement of construction.

(j)

Critical Area Planting Agreement and Bond. A Critical Area planting agreement consists of a signed agreement with a planting plan and, when required, a bond.

(1)

A planting agreement is a required component of a Staff Level Review or a Conservation Plan to meet afforestation and reforestation standards and buffer establishment standards contained in this Subtitle. The Planting Agreement and, when required, a bond, must be approved and posted prior to issuance of a permit in the Critical Area.

(2)

The Planting Agreement is based on the amount of required afforestation, reforestation, or Buffer establishment and shall meet the standards below. In the case of a Planting Plan to meet the requirements of Section 5B-121, additional detail may be required.

(A)

A plan that shows the limit of disturbance, the total number and size of trees removed, if applicable, and the arrangement of the proposed planting;

(B)

A landscape schedule showing the proposed species type, the quantity of plants, the size of plants, and the stock type that is proposed for installation that meets the planting credit standards contained in Section 5B-121, Tables (g)(2), (g)(3), and (g)(4);

(C)

A maintenance plan that meets the requirements of Section 5B-121(l)(1)C and D;

(D)

A signature of the responsible party;

(E)

A signature that confirms the review and approval of the plan by the applicable agency depending on whether Staff Level Review or a Conservation Plan is required.

(3)

Implementation of the planting agreement shall be required within two planting seasons. An extension of the planting agreement for one planting season may be obtained upon written request with accompanying justification demonstrating hardship or special conditions that prevented completion of the original planting agreement.

(4)

Certificates of occupancy will not be issued without satisfactory implementation of the planting agreement or payment of a bond in the amount of the estimated cost of the required planting if a bond has not already been posted.

(5)

Permittees are required to notify the Department of Permitting, Inspections, and Enforcement when the planting required by the planting agreement is complete and to request an inspection to verify implementation of the planting agreement.

(6)

Execution of a planting bond is required for all non-residential applications and for all other applications when total cumulative quantities of required mitigation on a parcel or lot exceed 5,000 square feet.

(A)

If implementation of the planting agreement on projects with less than 5,000 square feet of mitigation is not satisfactorily completed, a bond shall be required prior to issuance of a certificate of occupancy.

(B)

Bond amounts are based upon the estimated base cost for planting, which shall be calculated using the schedule of fees, fines and penalties adopted by the County Council. The bond required for any reforestation or afforestation shall be the dollar figure resulting from the formula.

(C)

Bonds posted to secure a temporary certificate of occupancy shall be 100 percent of the estimated base cost for planting trees.

(D)

In the event the applicant breaches the Critical Area planting agreement, the applicant shall forfeit any bonds. The bonds shall be used by the county to restore the property. If no bond was required of if the bonds are insufficient to pay the costs of restoration, a lien shall be placed against the property for all monies due and owing to the county for performing necessary planting, maintenance, replacement of dead or dying plantings, and other costs and expenses.

(E)

The length of time a bond shall be held is according to the required survival rates based on stocking type contained in Section 5B-121, Table (g)(4).

(k)

Fees-in-Lieu. In the event reforestation or Buffer mitigation cannot be completely accommodated on-site as demonstrated on a Conservation Plan or Staff Level Review, the Department of Permitting, Inspections, and Enforcement may collect a fee-in-lieu prior to the issuance of any permit. Fees are paid at the Department of Permitting, Inspections, and Enforcement and made payable to Prince George's County. The fee-in-lieu for reforestation and fee-in-lieu for Buffer mitigation shall be held in separate restricted accounts.

(1)

Fees-In-Lieu of Woodland and Developed Woodland Mitigation. If the planting requirements set forth in Section 5B-114(e), Section 5B-115(e), Section 5B-119 and Section 5B-121 for mitigation outside the Buffer cannot be met, a fee-in-lieu of mitigation in accordance with the following standards shall be collected prior to permit issuance:

(A)

Fee-in-lieu monies shall be collected and held in a separate account;

(B)

Fee-in-lieu shall be assessed at $1.50 per square foot of required mitigation;

(C)

A portion of fee-in-lieu money can be used for management and administrative costs; however, this cannot exceed 20% of the fees collected; and

(D)

Fee-in-lieu monies shall be used to support reforestation with the following order of preference:

(i)

To reforest within the same watershed within the Critical Area;

(ii)

To reforest within the Critical Area;

(iii)

When all options for reforestation in the Critical Area are exhausted, consideration may be given to sites selected outside the Critical Area. In order for sites outside the Critical Area to be considered acceptable for reforestation, one of the following scenarios must be present:

(aa)

There is an ecological connection to the Critical Area.

(bb)

There is a significant resource that merits protection.

(cc)

There is a habitat area of special significance that is afforded no protection outside the Critical Area (i.e. Forest Interior Dwelling Bird habitat).

(2)

Fees-In-Lieu of Buffer Mitigation. If the planting requirements set forth in this Subtitle cannot be met, the Department of Permitting, Inspections, and Enforcement shall collect a fee-in-lieu of mitigation in accordance with the following standards and Section 5B-119(d):

(A)

Fee-in-lieu monies shall be collected and held in a separate account;

(B)

Fee-in-lieu shall be assessed at $1.50 per square foot of required Buffer mitigation;

(C)

A portion of fee-in-lieu money can be used for management and administrative costs; however, this cannot exceed 20% of the fees collected; and

(D)

Fee-in-lieu monies shall be used as follows:

(i)

To establish the Buffer on sites where planting is not a condition of development or redevelopment;

(ii)

For water quality and habitat enhancement projects as described in an agreement between the Department of Permitting, Inspections, and Enforcement, M-NCPPC and the Commission.

(l)

Conservation Plan Review Fee. The fee schedule for the Department of Permitting, Inspections, and Enforcement review fees approved and submitted by the County Executive and adopted by County Council Resolution. Planning Department review fees are contained in a fee schedule approved by the Planning Board.

(CB-75-2010; CB-18-2013; CB-65-2014)