§ 33-3-110. PLATS AND PROTECTIVE COVENANTS.

(a)

In general.

(1)

(i)

Any plat submitted to the county in accordance with Article 32, Title 4 of the Code shall be accompanied by irrevocable offers of dedication to the county of all forest buffer areas in fee or easements, in a form approved by the Bureau of Land Acquisition and the County Attorney.

(ii)

The plat shall be marked with a notation indicating the offers of dedication.

(2)

(i)

The applicant may determine the scope of the dedication.

(ii)

The dedication shall include at a minimum a right of access by the county for the purpose of inspecting and maintaining the forest buffer and providing for the abatement and correction of water pollution, erosion, and sedimentation of stream channels, wetlands, and riverine floodplains.

(b)

Protective covenants.

(1)

If an applicant retains any forest buffer, the applicant shall be required to submit for approval by the Office of Law a declaration of protective covenants.

(2)

(i)

The County Bureau of Land Acquisition may draft the declaration.

(ii)

The declaration shall include at minimum the management requirements for forest buffers listed in § 33-3-112 of this title.

(3)

The protective covenants shall be recorded in the land records of the county, and shall run with the land and continue in perpetuity.

(c)

Requirements for recorded plats. In addition to the provisions of the development regulations concerning plats, all plats prepared for recording and all right-of-way plats shall clearly:

(1)

Show the extent of any forest buffer on the subject property by metes and bounds;

(2)

Label the forest buffer;

(3)

Provide a note to reference any forest buffer stating: "There shall be no clearing, grading, construction or disturbance of vegetation in the forest buffer except as permitted by the Baltimore County Department of Environmental Protection and Sustainability"; and

(4)

Provide a note to reference protective covenants governing any forest buffer stating: "Any forest buffer shown hereon is subject to protective covenants which may be found in the land records of Baltimore County and which restrict disturbance and use of these areas."

(d)

No public access implied. An offer of dedication of a forest buffer area to the county may not be construed to convey automatically to the general public the right-of-access to the area.

(1988 Code, § 14-340) (Bill No. 224, 1990, § 1, 1-1-1991; Bill No. 94-02, § 2, 7-1-2004; Bill No. 122-10, § 13, 1-16-2011)