FOREST CONSERVATION

MAINTENANCE AND MANAGEMENT

AGREEMENT

This agreement, made and entered into this _____ day of __________, 20__ by and between
_____________________________ (Owner) and the Montgomery County Planning Board (Board).

WHEREAS, Owner holds title to certain real property, more particularly described as
___________________ and in the land records of Montgomery County, at Liber-Folio __________
(Property), and

WHEREAS, this property has obtained (subdivision, site plan, etc.) Approval from the
Montgomery County Planning Board, referenced as __________ plan number __________; and

WHEREAS, in order to obtain this approval the Owner is required to comply with the
provisions of Montgomery County’s Forest Conservation Law, Chapter 22A (as amended); and

WHEREAS, the forest conservation plan required by the Forest Conservation Law,
hereinafter called the Plan, as approved by the Board, provides for the required afforestation or
reforestation (Forestation) to comply with current forest conservation ordinances; and

WHEREAS, the Board requires the Forestation be planted as shown on the Plan and be
adequately maintained, managed and monitored for five years by the Owner to ensure forest
protection and establishment.

THEREFORE, in consideration of the foregoing premises and the following terms and
conditions, the parties hereto agree as follows:

1. The Forestation shall be planted by ____________________ (the landowner or an

agent of the landowner responsible for performing tree planting and care), in accordance with
the final specifications of the approved plan, shown in attachment A hereto, attached and
incorporated herein.

2. The Board or its designees may enter upon the Property at any time from the
commencement of development continuing through the end of the five-year maintenance
period following forestation to make routine inspections regarding compliance with the plan.

3. Upon completion of all required plantings and at the end of the five-year maintenance
period, the Owner shall schedule inspections of the plantings with the Board’s Enforcement
and Monitoring Staff or successors thereto.

4. The Owner shall maintain and manage the forest plantings in accordance with the
Plan. This may include:
* planting native plant species compatible with the existing habitat.
* watering, fertilizing, controlling competing vegetation and protecting plants
from disease, pests and mechanical injury during the initial planting and
through the five-year maintenance period as necessary.
* providing protection devices such as fencing, retainer walls, raised sidewalks
 and interpretive signs as necessary to prevent the destruction or degradation of
the planting site.

5. The Owner shall monitor the Forestation site for five years and Owner shall replace
any plantings that die within that five year period to a minimum standard of 100 trees per acre
or at least 75% of the total trees planted per acre (whichever is greater), so as to ensure
compliance with survival requirements stated in the Forest Conservation Regulations.

6. The Owner shall provide financial security in the form of a letter of credit or cash
bond, in the amount of $__________, estimated to cover the cost of plantings, installation and
maintenance for two years. The security must be posted prior to any clearing or land
disturbing activities on the Property.

7. Up to half of the security may be released by the Board’s Enforcement and

Monitoring Staff immediately after planting has been completed if, in the discretion of the
Monitoring Staff, the planting plan has been followed and the stock is properly planted and in
good condition.

8. If after the second growing season the survival requirements have been met, and
agreements followed in good faith by the landowner, the security may be released upon the
two year inspection of the planted areas by the Board’s Enforcement and Monitoring Staff.

9. A legal, permanent protection mechanism approved by the Board for all Forestation
area(s) in the form of a conservation easement, deed restriction, covenant, or dedication is
attached to this agreement in the form of the record plat for this Property attached hereto as
Attachment B.

10. This agreement shall constitute a covenant running with the land, and shall be binding
on the Owner, its administrators, executors, and other successors in interest.

11. The record plat must reference this agreement and note that this agreement may be
reviewed at 8787 Georgia Avenue, Silver Spring, Maryland.

Witness the following signatures:

Owner’s signature __________________________

Owner’ Printed Name Date
Owner’s Title and Mailing Address

_______________________________________ ___________________________
Gwen Wright Date
Chief, County-wide Planning