[HISTORY: Adopted by the Mayor and Council of the Town of Manchester 11-10-1992 by Ord. No. 79; amended 9-8-1998 by Ord. No. 116 (Ch. 94 of the 1979 Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Municipal infractions and misdemeanors — See Ch. 23.
Planning and Zoning Commission — See Ch. 34.
Nuisances — See Ch. 122.
Parks and recreation areas — See Ch. 130.
Injuring trees on public lands — See Ch. 135.
Property maintenance — See Ch. 147.
Streets and sidewalks — See Ch. 196.
Subdivision of land — See Ch. 200.
For the purposes of this chapter, certain words and phrases used herein are defined as follows:
DEPARTMENT
The State Department of Natural Resources.
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 all facilities, parking lots, open spaces and all other areas owned by the Town.
ROADSIDE TREES
Trees, shrubs, bushes and all other woody vegetation in the right-of-way on either side of all streets, avenues or ways within the Town.
There is hereby created and established a Town Tree Commission for the Town of Manchester, Maryland. The Commission shall initially consist of five members. The members shall be appointed by the Mayor, with the approval of the Council. At least one of the members shall have a background in horticulture, arborculture, forestry or a related field.
A. 
The terms of the persons so appointed shall be for one year each. Members are eligible for reappointment for one or more succeeding terms.
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. Members may be removed by the Mayor and Council for inefficiency, neglect of duty or malfeasance in office.
C. 
The number of Commission members may vary from a minimum of five members to a maximum of 10 members.
A. 
The Commission shall adopt its own rules of procedure and keep a journal of the proceedings.
B. 
A quorum at any meeting shall be the majority of the total number of members.
A. 
It shall be the responsibility of the Town Tree Commission to study, investigate, counsel, develop and/or update annually and recommend to the Mayor and 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 pubic areas. Such plan will be presented annually to the Mayor and Council. Upon its review, the Mayor and Council may modify and amend such proposed plan and adopt it by resolution as the Official Comprehensive Town Tree Plan.
B. 
Upon the request of the Mayor and 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.
A. 
This subsection constitutes the official list of permissible roadside tree species for the Town of Manchester.
Official Roadside Tree List for the Town of Manchester, Maryland
Small Trees
Common Name
Horticultural Name
Hornbeam maple
Acer carpinifolium
Tatarian maple
Acer tataricum
Purpleblow maple
Acer trunacatum
European hornbeam cvs. "Fastigata"
Carpinus betulus
American dogwood
Cornus florida
Kousa dogwood
Cornus kousa
Cornelian cherry
Cornus mas
Golden raintree
Koelreuteria paniculata
Purpleleaf plum
Prunus cerasifera
Oriental cherry
Prunus serrulata
Ironwood
Ostrya virginiana
Japanese snowball
Styrax japonica
Amur maackia
Maackia amurensis
Medium Trees
Common Name
Horticultural Name
Hedge maple
Acer campestre
Red maple cvs. "Autumn Flame," "Autumn Glory," "Bowhall," "Gerling," "October Glory," "Red Sunset," "Tilford"
Acer rubrum
American yellowwood
Cladrastis lutea
Thornless honey locust cvs. "Imperial," "Moraine," "Shademaster," "Skyline"
Gleditsia triancanthos
Carolina silverbell
Halesia carolina
Callery pear cvs. "Aristocrat," "Fauriel," "Chanticleer," "Redspire"
Pyrus calleryana
Sargent cherry
Prunus sargenti
Little leaf linden cvs. "Greenspire"
Tilia cordata
Chinese elm
Ulmus parvifolia
Zelkova
Zelkova serrata
B. 
Large tree species which have a mature height of 50 feet or more are not considered suitable as roadside trees under most circumstances. However, the Commission may approve their use upon an express written determination that such trees will not adversely impair the integrity of the Comprehensive Town Tree Plan and that said trees will not create an unreasonable risk of danger to person or property.
C. 
The following species are not considered suitable under any circumstances and may not be approved by the Commission.
Common Name
Horticultural Name
Mimosa
Albizia julibrissin
Tree of heaven
Ailianthus altissima
Silver maple
Acer saccharinum
Catalpa
Catalpa speciosa
Black walnut
Juglans nigra
Paulownia
Paulownia tormentosa
Hybrid poplar
Populus nigra
Lombardy poplar
Populus nigra
Siberian elm
Ulmus pumila
A. 
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.
B. 
The Tree Commission will give special consideration to trees planted within the area of overhead and underground utilities.
C. 
The Commission shall have the sole authority to approve the location and type of roadside tree species to be planted within the Town, except that with respect to development requiring approval of a site plan or landscaping plan by the Planning and Zoning Commission, the Planning and Zoning Commission shall request and take into consideration the recommendations of the Tree Commission.
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. 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, water lines or other public improvements or is affected with any injurious fungus, insect or other pest.
B. 
All persons, including businesses, utilities and government agencies are subject to the provisions of Natural Resources Article, Title 5, Subtitle 4, of the Annotated Code of Maryland and must obtain a permit from the Department to remove, prune, root prune or treat in any way trees and shrubs existing in the right-of-way of any street, alley or avenue within the Town. The Department shall notify the Tree Commission of any request for removal of a roadside tree received by the Department. The Town may remove a tree without a permit from the Department if the tree is uprooted or determined to be an immediate danger to persons or property. The Town shall notify the Department of the action within 24 hours of the removal.
C. 
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 §§ 212-7 and 212-8.
A. 
It shall be unlawful for any tree care firm/business entity from topping any roadside tree, park tree or other tree, except trimming necessary to clear electric utility lines, located within the Town limits without prior written approval of the Commission. 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 so as to remove the normal canopy and disfigure the tree.
B. 
The Commission may grant written approval to allow topping 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 Town shall obtain a recommendation from the Tree Commission. In emergency situations, immediate authorization to top may be given by the Town Administrator.
[Amended 9-12-2006 by Ord. No. 172]
The Town shall have the right to cause the removal of any dead or diseased trees on private property within the Town when such trees constitute a public hazard to life and property or harbor insects or disease which constitutes a potential threat to other trees within the Town. The Town will notify the owners, in writing, 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 the failure of owners to comply with such provisions, the Town shall have the authority to remove such trees and charge the cost of removal to the property owner.
A. 
All stumps of roadside 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 or a variance.
B. 
All roadside trees within the right-of-way of Maryland Route 30, within the Town limits, which are removed shall have the stumps ground out. The Town shall contract for stump removal, if required. The apportionment of expenses and tree replacement shall be determined by the Tree Commission.
A. 
No person or firm shall engage in the business or occupation of pruning or treating trees within the Town 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 Town 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 Town crews is supervised by the Department's Forestry Division in accordance with its schedule of charges. The Town 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 Town employee who has passed the tree expert exam administered by the Department and agrees to be responsible for the quality of work performed. The designated Town 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 Town and trees on Town-owned property.
Any applicant seeking Commission approval under §§ 212-7, 212-10 and 212-12 may appeal, in writing, an unfavorable decision of the Commission to the Commission within 10 days after receipt of the Commission's decision. Said appeal shall be heard at the next regularly scheduled meeting of the Commission. After its review, the Commission may affirm, reverse or modify the decision within 14 days from the date of the appeal hearing. Further appeal of the Commission's decision may be made to the Mayor and Town Council once the appeal process with the Commission is exhausted. The decision of the Mayor and Council shall be final.