(a) Forestation agreements and forest conservation easements. A developer shall execute a forestation agreement for planting, replanting, reforestation, or afforestation in areas of 1,000 square feet or more. A developer also shall execute a forest conservation easement, and the easement shall be located in areas that are at least 35 feet wide with a total area of at least 10,000 square feet. At the discretion of the Planning and Zoning Officer, the easement may be located on any open space lot or open area created under § 17-6-111, in a limited common element of a condominium regime, or in an agricultural preservation easement, but it may not otherwise be located on a residentially zoned lot of less than one acre. Forest conservation easements shall preserve existing forest and developed woodland.
(b) Abandonment of forest conservation easements. If a property owner believes that it is appropriate for the County to abandon a forest conservation easement, the owner shall file a request with the Office of Planning and Zoning that explains why the abandonment is believed to be appropriate. The County may abandon the easement if:
(1) the Planning and Zoning Officer agrees that abandonment is appropriate;
(2) the easement or portion of the easement sought to be abandoned is no larger than one-half acre per lot and the cumulative area of all abandonments on the lot does not exceed one-half acre;
(3) the property owner pays into the Forest Conservation Fund the fee required by Title 11; and
(4) an amended record plat and other appropriate documentation, in a form acceptable to the County, are recorded among the land records.
(Bill No. 3-05; Bill No. 77-05; Bill No. 59-10)
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