4l

APi 27 6ta

MoNtcol,rnnv CouNtv PreNNrNc Boano

THE M.A,RYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

MCPB No. 15-47

Forest Conservation In-Lieu Fee and Administrative Civil Penalty Rate
Date of Hearing: April 23,2015

RESOLUTION
WHEREAS, Section 22A-12(g)(l) of the Montgomery County Forest Conservarion
Law authorizes the County Council, either by law or resolution, to set the amount ofthe
fee the Planning Board may charge in-lieu of afforestation or reforestation required under
Section 22A-12(g)(1); and
WHEREAS, Section 22A-16(d)(l) of the Montgomery County Forest Conservation
Law auihorizes the County Council, either by law or resolution, to set the maximum
amount of the administrative civil penalty authorized under Section 22A-16(d)(l); and

WHEREAS, County Council Resolution 15-1271, without fi.uther action by the

County Council, requires the Montgomery County Planning Board on each oddnumbered yeax to adjust, by the percentage amount of the annual average increase, or
decrease, in the Consumer Price Index of all urban consumers in the WashingtonBaltimore metropolitan area ("CPI"), the dollar amounts the Planning Board may charge
i) for inJieu afforestation and reforestation under Section 22A-12(d0), and ii) as the
maximum amount of the administrative civil penalty wrder Section 224-16(d)(1); and
WHEREAS, following review and analysis of The United States Bureau of Labor
Statistics indicators by the Planning Board staff ("Staff'), Staff issued a memorandum to
the Planning Board, dated April 9,2015, setting forth its analysis and recommendation
for approval of increases to the in-lieu fee and the maximum civil administrative penalty
consistent with the CPI increase ("Staff Report"); and
WHEREAS, on April 23,2015, the Planning Board held a public hearing on the
Staff analysis and recommendation, and at the hearing, the Planning Board heard
testimony and received evidence submitted for the record on the proposed fee changes;
and

WHEREAS, at the hearing, the Planning Board voted to approve the revisions to i)
the inlieu fee, and ii) the maximum civil adminishative penalty as set forth in the Staff
Report in accordance with the vote as certified below.

NOW, THEREFORE, BE IT RESOLVED THAT, pursuant to County Council

Approved as to
Legal Sufiiciency:
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phone: 301.4e5.4605 Fax:301 4e5.7320

*'ww.montgomer'planniogboard.org E-Mait mcp-chair@mncppc-mc.org

MCPB No. 15-47

Forest Conservation In Lieu Fee
Maximum Administrative Civil Penaltv Rate
Page 2

Resolution 15-1271, the Planning Board approves the following fee changes:

l.

Effective July l, 2015, the lee in-lieu of affbrestation or reforestation under

Section 22A-12(g)(l) will be $ 1.15 per square foor.

2.

Effective July 1, 2015, the maximum civil administrative penalty under Section
22A-16(d)(1) will be $10.70 per square foot.

BE IT FURTHER RESOLVED that having given full consideration to the

recommendations and findings of its Staff as presented at the hearing and as set forth in
the Staff Report, which the Board hereby adopts and incorporates by reference, and upon
consideration of the entire record, the Montgomery County planning Board FINDS, that:
The changes to the fee in-lieu afforestation and reforestation under Section 22Aand the maximum civil administrative penalty under Section 22A-16(d)(j)

12(90,

satisrtes all the opplicable requirements o/'

Resolution 1 5-127 L

law, including County

Council

BE IT FURTHER RESOLVED that this Resolution constitutes the written ooinion

in this matter, and the date of this Resolution is
"'rbT
APN
(which is the date that this Resolution is mailed to all nartics of

eoPffif ?.:l:,I

record); and

BE IT FURTHER RESOLVED that any party authorized by law to

take

administrative appeal must initiate such an appeal within thirty days of the date of this
Resolution, consistent with the procedural rules fbr the judicial review of administrative
agency decision in Circuit Court (Rule 7-203, Maryland Rules).

CERTIFICATION
This is to certify that the foregoing is a true and correct copy ofa resolution adopted
by the Montgomery County Planning Board of the Maryland-National Capital park
and Planning Commission on motion of Commissioner Dreyfuss, seconded by
Commissioner Presley, with Chair Anderson, Vice Chair Wells-Harley, and
Commissioners Dreyfuss, Presley, and F ani-Gonz|lez voting in f'avor of'the motion,
at its regular meeting held on Thursday. April 23, 2015, in Silver Spring, Maryland.

Montgomery County Planning Board

Resolution

No.:

15-127

htroduced: December6.2005

Adopted:

December13.2005

CouxryCouxcr_
Fon MonrcoMnRy CouNr.y, Mlnvr,.livo
By Transportition

and Environment Committee

SUBJECT:

. Backqround
l.

The county forest conservation raw, in county code

$22A-16(dxi), authorizes the
county council to set by law or resolution the maximuni amount of
the administrative
civil penalty authorized by g22A-16(d).
The county forest conservation law, in g22A-12(g)(l), authorizes
the county council to
u-o*t
q.
fee that the pran ine no.J
[maximuml
::::l^9'"":.1l?il:,,iT
cnarge rn tleu ot attorestation or reforestation under
$22A_12(9.

oif,i

J.

."y

At a

worksession held on December l, 2005, the Council,s Transportation

and
'r""
Environment committee 'recommended that the maximum penarty
and
t" ."t in
amounts that would .effectivery deter viorations of the'foresi
.o*"*ution- tu*,
Padicularly willful Violations.
I

Action
The County Council

l'
'

2'

3'

for Mbnt:gonery

County, Maryland approves the followiig resolution:

The maximum amount.of the administrative civil penarty authorized

by county
Code g22A-16(d) is $9/square foot for any
[willfu! violition of CUpie. ZZa u.
-$}square
regulations implementing that chapter[, ano
foot for all ---. ;;ol;iln,
ofthat Chapter or regulationsl.
"thi "-'-""'
The [maximumr amount of the.fee that the ptaruring Board may
charge in lieu
afforesration or reforesratio^n althgrized by C6unty CqA'"
SZiA_l2igi
$.gO/square foot of the area of required planting.

of

i,

without further action- by the county council, the pranning Board must
adiusr
r
by the perceritagg aqoyr
"r "-n""aa-r"-uo.a-v1lr,
11,9_annual
io...^"
9f
price
the consumer
"u"*g.
Index for alr urban consuiers.in.
the ";
washingonsarti#ore
each dollar amount in this resolution, effective Jury

G;i;i;i,;;

REsoLunoNNo.:

!Wl!

'

mctsopolitan arca, or stry $rcoessor index' for thc two nost rccent calends
The
'{s'
The Bloard must calcutaie this adjustmetrt to the ncarest multiple.of 5 cents.
lv{ay
than
not
later
this
adjushcNtt
of
public
thc
anormt
of
Board inust notif the
. I ofeach odd nurnbcrcd Year.

4.

$bsqtsqBssecgfdwhelExocditedEi!!2745talceseffect

This is a conect copy of Courcil action'

LEda M. kur, Clstt of tbo C,ouncil

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