[Amended 12-14-1992 by Ord. No. 561]
For the purposes of this chapter, certain words and phrases used herein are defined as follows:
CUTTING BACK 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.
DEPARTMENT The State Department of Natural Resources.
DIRECTOR The Director of Planning.
[Amended 12-6-2007 by Ord. No. 773]
PARK TREES 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.
PERSON Any individual, corporation, association, firm or partnership or any governmental agency, including the City, or the like, singular or plural.
ROADSIDE TREES Any trees or shrubs growing with the right-of-way of any public road within the City.
TOPPING The severe reduction of branches without consideration of the specifications for cutting back. (This is generally considered to be an undesirable practice.)
[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.
[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.
[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.
B. This section does not prohibit the planting of roadside
trees by adjacent property owners, provided that the selection and location of said
trees is in accordance with §
148-7 through §
148-10 of this chapter.
[Amended 3-11-2019 by Ord. No. 908]
C. Nothing contained in this section shall relieve the owners and occupants of premises from complying with the provisions of §
139-7 of the Westminster City Code.
[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, 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 violation of §§
148-9,
148-10,
148-12,
148-13,
148-14 and
148-15 is declared to be a municipal infraction. The penalty for violations shall be a fine of $250 for each offense and $400 for each repeat offense.
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.