[HISTORY: Adopted by the Mayor and City Council
of the City of Havre de Grace 8-20-2007 by Ord. No. 892.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 186, Trees, adopted 4-3-2000 by Ord. No. 740 (Amended).
It is the purpose of this chapter to promote
and protect the beauty, public health, safety, and general welfare
of the City by providing for the regulation of the planting, maintenance,
and removal of trees, shrubs and other woody plants within the City.
For the purpose of this chapter, the following
terms, phrases, words, and their derivations shall have the meanings
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural include
the singular, and words in the singular include the plural. The word
"shall" is mandatory and not merely directory.
The City of Havre de Grace, Maryland.
Shall be designated as those attaining a height of more than
40 feet.
Shall be designated as those attaining a height of 30 feet
to 40 feet.
Shall include all public parks located in the City.
Trees, shrubs, and other woody plants in public parks having
individual names, or to which the public has free access as a park,
plus all facilities, parking lots, open spaces and all other areas
owned by the City.
Any person, firm, partnership, association, company, or organization
of any kind.
The outer edge of the right-of-way associated with any street,
lane or highway.
Shall include all other grounds owned by the City.
Shall include all shade and ornamental trees now or hereafter
growing on any street or any public areas where otherwise indicated.
Shall be designated as those attaining a height of 20 feet
to 30 feet.
The entire width of every public way or right-of-way when
any part thereof is open to the use of the public, as a matter of
right, for purposes of vehicular and pedestrian traffic.
Trees, shrubs, and other woody plants on land lying between
property lines on either side of all streets, avenues, lanes or ways
within the City.
Any removal or planting of a tree;
Any maintenance to trim, shape, or sever the
stem, branches, or roots of a tree;
Any treatment to protect a tree from insects
or disease or to improve the growth of a tree with direct application
of fertilizers or insecticides; or
Any other treatment that may affect the health
or growth of a tree.
A.
There is hereby created and established a Municipal
Tree Commission for the City. The Commission shall consist of six
members. One member shall be a staff person from the Department of
Public Works and the remaining five members who have been recommended
by the Director of the Department of Public Works shall be appointed
by the Mayor, with the approval of City Council. Each member should
have a demonstrated special interest, specific knowledge, or professional
or academic training in such fields as horticulture, arboriculture,
forestry or related field. At least one of the members should have
professional or academic training in one or more of the above-listed
fields.
B.
"Special interest" shall refer to training (such as
gardening or plant identification workshops) or active organizational
membership (such as Garden Club, Master Gardeners, Native Plant Society
or Forestry Board) in one or more of the above-listed fields. "Specific
knowledge" shall refer to formal training (such as vocational-technical
school, community college, college, or university coursework) or employment
or practical experience in one or more of the above-listed fields.
The requirement for Commission membership under the category of professional
or academic training may be satisfied by, at a minimum, two years'
experience as a professional or a Bachelor's or advanced degree in
one or more of the above-listed fields.
The term of the five persons to be appointed
shall be three years. In the event that a vacancy shall occur during
the term of any member, a successor shall be appointed and approved
for a term of three years. Unexcused absence at three consecutive
meetings shall constitute resignation by the member and shall create
a vacancy. Members may be removed by the Mayor and City Council for
inefficiency, neglect of duty, or malfeasance in office. Members may
be reappointed upon recommendation of the Director of Public Works
and approval by the Mayor and City Council.
Members of the Municipal Tree Commission shall
serve without compensation for their services.
A.
The Commission shall be chaired by the staff person
from the Department of Public Works. The staff person shall not be
a voting member of the Commission. The voting members of the Commission
shall elect a Recording Secretary.
B.
The Commission shall adopt its own rules of procedure
and keep a journal of the proceedings.
C.
A quorum at any meeting shall be three members.
It shall be the responsibility of the Municipal
Tree Commission to:
A.
Study, investigate, counsel, develop and/or update
annually, and recommend to the Mayor and City Council a written plan
for the care, preservation, pruning, planting, replanting, removal
or disposition of trees, shrubs and other woody plants in public parks,
along streets, and in other public places. Such plan will be presented
annually to the Mayor and City Council at the first regular meeting
of the City Council in April. Upon its review, the Mayor and City
Council may modify and amend such proposed plan and adopt it by resolution
as the official Comprehensive Municipal Tree Plan.
B.
Recommend the type and kind of trees, shrubs and other
woody plants to be planted upon such streets, parts of streets, parks,
or public places, as is designated.
C.
Upon the request of the Mayor and City Council, consider,
investigate, make findings, reports and recommendations upon any special
matter or questions coming within the scope of the Commission's responsibilities.
D.
Conduct regular and special meetings at which the
subject of trees, shrubs and other woody plants insofar as it relates
to the City may be discussed by the members of the Commission, the
Mayor and City Council, personnel of the City and all others interested
in the tree program.
A.
It shall be the responsibility of the Director of the Department of Public Works to implement, administrate, and execute the requirements of this chapter and the Comprehensive Municipal Tree Plan in a consistent manner with the Natural Resources Article, Sections 5-401 through 5-406 of the Annotated Code of Maryland and its accompanying regulations under Title 08, Subtitle 07, Chapter 2, Sections 01-10.
B.
The Director of Public Works may use appropriate Department
of Public Works personnel or designated agents in the implementation
of this chapter.
A.
To ensure compliance with Maryland Roadside Tree Regulations,
Section .09, the Municipal Tree Commission will utilize the Maryland
Department of Natural Resource's Forest Service Recommended Tree List,
as revised, as the official list of permissible street tree species
for the City.
B.
Trees, shrubs and other woody plants planted in parks
or other public places will be selected based on characteristics of
the site, soil conditions and the site master plan. Maryland native
species are preferred, but nonnative species may be introduced to
enhance diversity and meet approved site goals.
A.
Small street trees, as defined in § 186-2, shall be spaced so that they are no closer than 20 feet to any other small street tree and no closer than 30 feet to any medium street tree. The minimum distance small trees may be planted from any curb or sidewalk is two feet in order to allow a minimum two-foot growing space.
B.
Medium street trees, as defined in § 186-2, shall be spaced so that they are no closer than 20 feet to any small street tree and no closer than 30 feet to any other medium street tree. The minimum distance medium trees may be planted from any curb or sidewalk is three feet in order to allow a minimum four-foot growing space.
C.
Large street trees, as defined in § 186-2, shall be spaced so that they are no closer than 35 feet to any other street tree. The minimum distance large trees may be planted from any curb or sidewalk is four feet in order to allow a minimum six-foot growing space.
D.
No trees, shrubs or other woody plants shall be planted
along streets that do not have curbing without prior approval and
guidance of the Director of Public Works.
No street tree shall be planted closer than
35 feet to any street corner, measured from the point of nearest intersecting
curbs or curblines. No street tree shall be planted closer than 20
feet to any fire hydrant.
No street trees other than those species listed
as small trees in the Recommended Tree List shall be planted under
or within 10 linear feet of any overhead utility wire, or over or
within five linear feet of any underground water line, sewer line,
transmission line or other utility.
A.
The City shall have the right to plant, prune, maintain,
and remove trees, plants, and shrubs within the property lines of
all streets, parks, and other public places which may be necessary
to ensure public safety or to preserve or enhance the symmetry and
beauty of such public grounds. The City may remove or cause or order
to be removed any tree or part thereof which is in an unsafe condition
or which by reason of its nature is injurious to sewers, electric
power lines, gas lines, water lines, or other public improvements,
or is infected with any injurious disease, insect or other pest.
Except as permitted in emergency situations
by the American National Standards Institute (ANSI) and as outlined
in the ANSI A300 Manual, it shall be unlawful for any person, firm
or entity to perform tree topping on any street tree, park tree, or
other tree on public property. As used in this section, "topping"
means the cutting back of limbs to stubs larger than three inches
in diameter within the tree's crown to such a degree as to remove
the normal canopy and disfigure the tree.
The City shall have the right to cause the removal
of any dead or diseased trees on private property within the City
when such trees constitute a hazard to life and property, or harbor
insects or disease which constitute 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 the 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 trees are 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.
It shall be unlawful for any person to prevent,
delay, or interfere with the Municipal Tree Commission, Department
of Public Works, or any of its agents, while engaging in and about
the planting, replanting, cultivating, mulching, pruning, spraying,
or removing of any street tree, park tree, or tree on private property
as authorized in this chapter.
No person or firm shall engage in the business
or occupation of pruning, treating, or removing street or park trees
within the City without having a valid tree expert license issued
by the Maryland Department of Natural Resources as well as proof of
liability and property damage insurance consistent with State of Maryland
requirements. A license shall not be required of any public service
company or City employee performing such work, provided the employee
is supervised by a Maryland Department of Natural Resources Forest
Service Forest Warden or a certified tree care expert on the City's
staff. However, all permits required by the Maryland Department of
Natural Resources and the City shall be obtained prior to performing
such work.
Any applicant seeking Commission approval under §§ 186-9, 186-13 and 186-15 may appeal an unfavorable decision of the Commission to the Mayor and City Council within 10 days after receipt of the Commission's decision. After its review, the Mayor and City 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 City Council shall be final.
