[HISTORY: Adopted by the Mayor and Council
of the Town of Snow Hill 4-14-1992 by Ord. No. 1992-4; amended in its entirety 6-10-2008 by Ord. No.
2008-9. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Trees, shrubs, bushes and all other woody vegetation in public
parks having individual names and all areas owned by the Town or to
which the public has free access as a park.
Trees, shrubs, bushes and all other woody vegetation on land
lying between property lines on either side of all streets, avenues
or ways within the Town.
A.
The Mayor and Council recognize the ecological, economic
and amenity value and benefit of trees, forests, and natural vegetation
in the Town. The purpose of this chapter is to provide for the beautification
of the Town through the planting, preservation and protection of trees,
forests, and natural vegetation within the corporate limits of the
Town through various methods which shall include, but are not limited
to, landscaping, preservation/conservation or reforestation efforts.
B.
The Town shall study, investigate, counsel and develop
and/or update and administer 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. The Town's
approval of the written plan shall constitute the official Comprehensive
Town Tree Plan for the Town of Snow Hill, Maryland.
The Town of Snow Hill has adopted the state-approved
tree list.
The spacing of trees will be in accordance with the three species size classes listed in § 178-3 of this chapter, and no trees may be planted closer together than the following, except in special plantings designed or approved by a landscape architect:
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in § 178-3 of this chapter, and no trees may be planted closer to any curb or sidewalk than the following:
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 15
feet to any fireplug.
No street tree other than those species listed as small trees in § 178-3 of this chapter may be planted under or within 10 lateral feet of any underground waterline, sewer line, transmission line or other utility.
A.
The Town shall have the right to plant, prune, maintain
and remove trees, plants and shrubs within the lines of all streets,
alleys, avenues, lanes, squares and public grounds as may be necessary
to ensure public safety or to preserve or enhance the symmetry and
beauty of such public grounds.
B.
The Town 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, waterlines or other public improvements or which is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners, provided that the selection and location of said trees is in accordance with §§ 178-3 through 178-7 of this chapter.
It shall be unlawful as a normal practice for
any person, firm or Town department to top any street tree, park tree
or other tree on public property. "Topping" is defined as the severe
cutting back of limbs to stubs larger than three inches in diameter
within the tree's crown to such a degree so as to remove the normal
canopy and disfigure the tree. Trees severely damaged by storms or
other causes or certain trees under utility wires or other obstructions
where other pruning practices are impractical may be exempted from
this chapter at the determination of the Town.
Every owner of any tree overhanging any street
or right-of-way within the Town shall prune the branches so that such
branches shall not obstruct the light from any street lamp or obstruct
the view of any street intersection and so that there shall be a clear
space of 14 feet above the surface of the street and a clear space
of eight feet above the sidewalk. Said owner shall remove all dead,
diseased or dangerous trees or broken or decayed limbs which constitute
a menace to the safety of the public. The Town shall have the right
to prune any tree or shrub on private property when it interferes
with the proper spread of light along the street from a streetlight
or interferes with visibility of any traffic control device or sign
or is within 14 feet clear space above the surface of the street.
A.
The Town shall have the right to cause the removal
of any dead or diseased tree on private property within the Town when
such tree constitutes a hazard to life and property or harbors insects
or disease which constitute a potential threat to other trees within
the Town.
B.
The Town will notify, in writing, the owners of such
trees. Removal shall be done by said owner of such trees at his own
expense within 60 days after the date of service of notice. In the
event of failure of the owner to comply with such provisions, the
Town shall have the authority to remove such trees and charge the
cost of removal on the owner's property tax notice.
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.
It shall be unlawful for any person to prevent,
delay or interfere with the Town or any of its agents while engaging
in and about the planting, cultivating, mulching, pruning, spraying
or removing of any street tree, park tree or trees on private grounds
as authorized in this chapter.
Any person violating the provisions of this
chapter shall be guilty of a municipal infraction and shall be issued
a civil citation for $100 for a first offense, and a fine of $250
for a second offense and subsequent offense(s). The person shall be
given 20 days to pay the citation at Town Hall or request a trial
in the District Court. Failure to pay the fine or request a trial
date, or failure to appear at trial when scheduled, shall result in
the fine amount being doubled. In addition, the Town may request that
the Court issue an order of abatement and reimbursement for reasonable
attorney fees and court costs. Each day that a violation continues
after notice has been served shall be deemed a separate offense.
