[HISTORY: Adopted by the Mayor and Common
Council of the City of Westminster as Ch. 18A of the 1972 Code, as
amended through 1990. Subsequent amendments noted where applicable.]
[Amended 12-14-1992 by Ord. No. 561]
For the purposes of this chapter, certain words
and phrases used herein are defined as follows:
Pruning designed to reduce the crown of a tree or individual
branch, sometimes referred to as heading back, drop crotch pruning,
natural pruning, lateral pruning or directional pruning. It is distinctly
different from topping in that an effort is made to keep the symmetry
of the tree on the sides as well as the top.
The State Department of Natural Resources.
The Director of Planning.
[Amended 12-6-2007 by Ord. No. 773]
Trees, shrubs, bushes and all other woody vegetation in public
parks having individual names or to which the public has free access
as a park, plus in all facilities, parking lots, open spaces and all
other areas owned by the City.
Any individual, corporation, association, firm or partnership
or any governmental agency, including the City, or the like, singular
or plural.
Any trees or shrubs growing with the right-of-way of any
public road within the City.
The severe reduction of branches without consideration of
the specifications for cutting back. (This is generally considered
to be an undesirable practice.)
A.
There is hereby created and established a City Tree
Commission for the City of Westminster, Maryland.
B.
The Commission shall consist of five voting members and two nonvoting
City staff members.
[Amended 3-11-2019 by Ord. No.
908]
(1)
The voting members shall be appointed by the Mayor with the approval
of the Common Council and shall be residents of Carroll County.
(2)
At least one of the voting members shall have a background in horticulture,
arboriculture, forestry or a related field.
(3)
The nonvoting staff members shall be the Director of Community Planning
and Development and the Director of Public Works or his their designees.
[Amended 3-22-1993 by Ord. No. 566]
A.
The terms of the persons to be appointed by the Mayor and approved
by the Common Council shall be three years, except that the terms
of two of the members initially appointed shall be for only one year,
and the terms of two other members initially appointed shall be for
two years. Notwithstanding the foregoing. Beginning on April 15, 2019.
The terms of persons appointed to the Tree Commission shall be three
years, or until the member's successor is appointed, whichever
is longer.
[Amended 3-11-2019 by Ord. No.
908]
B.
In the event that a vacancy shall occur during the
term of any member, a successor shall be appointed and approved for
the unexpired portion of the term.
C.
Members may be removed by the Mayor and Common Council
for inefficiency, neglect of duty or malfeasance in office.
Members of the City Tree Commission shall serve
without compensation for their services.
A.
The officers of the Commission shall consist of a Chairperson and
a Vice Chairperson. Both the Chairperson and the Vice Chairperson
shall be elected by the members of the Commission and will hold such
offices at the pleasure of the Mayor and Common Council.
[Amended 3-11-2019 by Ord. No.
908]
B.
The Commission shall adopt its own rules of procedure and keep a
record of the proceedings.
[Amended 3-11-2019 by Ord. No.
908]
C.
A quorum at any meeting shall be three voting members.
A.
It shall be the responsibility of the City Tree Commission
to study, investigate, counsel, develop and/or update annually and
recommend to the Mayor and Common Council a written plan for the care,
preservation, pruning, planting, replanting, removal or disposition
of trees and shrubs in parks, along streets and in other public areas.
Such plan will be presented annually to the Mayor and Common Council.
Upon its review, the Mayor and Common Council may modify and amend
such proposed plan and adopt it by resolution as the official comprehensive
City tree plan.
B.
Upon the request of the Mayor and Common Council,
the Commission shall consider, investigate and make findings, reports
and recommendations upon any special matter or question coming within
the scope of its responsibilities.
C.
The Commission shall also perform the various duties
and responsibilities assigned to it in this chapter.
[Amended 12-14-1992 by Ord. No. 561; 3-11-2019 by Ord. No. 908]
Those varieties of trees identified in the City of Westminster
Comprehensive Tree Plan as unsuitable as street trees may not be planted
in any City right-of-way.
[1]
Editor's Note: Former § 148-8, Spacing,
was repealed 12-14-1992 by Ord. No. 561.
[Amended 12-14-1992 by Ord. No. 561]
No roadside tree shall be planted closer than
35 feet to any street corner, measured from the point of nearest intersecting
curbs or curblines. No roadside tree shall be planted closer than
10 feet to any fire hydrant.
[Amended 12-14-1992 by Ord. No. 561; 3-11-2019 by Ord. No.
908]
No roadside tree shall be planted under or within 10 linear
feet of any overhead utility wire, or over or within five linear feet
of any underground waterline, gas line, sewer line, transmission or
other utility, unless a certified arborist licensed in the State of
Maryland certifies that the proposed tree will not interfere with
the public utility facilities in question.
[Amended 12-14-1992 by Ord. No. 561]
A.
All persons are subject to the provisions of Subtitle
4 of Title V of the Natural Resources Article of the Annotated Code
of Maryland, or as it may be subsequently amended, and must obtain
a permit from the Department to plant, prune, remove, root prune and
treat trees and shrubs existing in the right-of-way of any road within
the City. The City may remove a tree without a permit if the tree
is uprooted or determined to be an immediate danger to persons or
property, provided that it shall notify the Department within 24 hours.
[Amended 12-14-1992 by Ord. No. 561]
A.
It shall be unlawful for any person, firm or entity
to top any park tree or other tree located on public property without
prior written approval of the Director.
B.
After payment of a fee as provided in the General
Fee Ordinance,[1] the Director may grant written approval to allow topping
of a park tree or other tree located on City property in cases where
a tree has been severely damaged by storms or other causes or when
a tree creates a dangerous condition relating to utility wires or
other obstructions. Prior to granting any such approval, the Director
shall obtain a recommendation from the Commission, except in emergency
circumstances in which the Director is authorized to act immediately.
[Amended 11-24-2008 by Ord. No. 791]
C.
The City may not top any roadside tree without a permit
issued by the Department.
D.
No person or firm engaged in the business or occupation
of pruning, treating or removing trees shall engage in the practice
of tree topping within the City except:
(2)
In cases where a tree has been severely damaged by
storms or other causes, when a tree creates a dangerous condition
relating to utility wires or other obstructions or for other valid
circumstances. In such instances, the person or firm shall file a
written request seeking approval of the Director, who shall obtain
a recommendation from the Commission, except in emergency conditions
in which the Director is authorized to act immediately. If the Director
fails to act upon the written request within seven working days, it
shall be deemed to be approved.
The City shall have the right to cause the removal
of any dead or diseased tree on private property within the City when
such tree constitutes a hazard to life and property or harbors insects
or disease which constitutes a potential threat to other trees within
the City. The City will notify, in writing, the owners of such trees.
Removal shall be done by said owners at their own expense within 60
days after the date of service of notice. In the event of failure
of owners to comply with such provisions, the City shall have the
authority to remove such trees and charge the cost of removal to the
property owner. Said cost shall be a lien on the property upon which
the tree is located and may be collected in the same manner as the
collection of delinquent taxes.
All stumps of street and park trees shall be
removed below the surface of the ground so that the top of the stump
shall not project above the surface of the ground unless the Commission
authorizes an alternative method of removal.
[Amended 12-14-1992 by Ord. No. 561]
A.
No person or firm shall engage in the business or
occupation of pruning or treating trees within the City without having
a tree expert license issued by the Department.
B.
A public service company which desires to prune, root
prune, remove or treat a roadside tree in any way must obtain a permit
from the State Department of Natural Resources for the desired treatment.
Any treatment of a roadside tree, except removal, must be performed
by a tree expert licensed by the Department.
C.
The City must obtain a permit from the Department
to remove, prune, root prune or treat a roadside tree. Such treatment,
except removals, must be performed by a licensed tree expert unless
the work done by City crews is supervised by the Department's Forestry
Division in accordance with its schedule of charges. The City may
obtain conditional permits to perform limited work on roadside trees
by its employees if said employees are trained to perform the work
and supervised by a City employee who has passed the tree expert exam
administered by the Department and agrees to be responsible for the
quality of the work performed. The designated City supervisor is not
required to have the necessary three years' experience to obtain a
tree expert's license, but must exhibit the ability to cause the trimming
to be done to accepted standards. Supervision of tree trimming will
be limited to roadside trees within the City and trees on City-owned
property.
[Amended 12-14-1992 by Ord. No. 561]
Any applicant seeking Commission approval under
§§ 148-7B, 148-12 and 148-14 may appeal an unfavorable
decision of the Commission to the Mayor and Common Council within
10 days after receipt of the Commission's decision. After its review,
the Mayor and Common Council may affirm, reverse or modify the Commission's
decision by resolution within a sixty-day period from the date of
the appeal. The decision of the Mayor and Common Council shall be
final.
