It is the purpose of this chapter, in the interests of promoting
the general health and public welfare of the citizens of the Town,
to protect and preserve trees within the Town, and also to ensure,
where removal of existing trees is necessary, that adequate provision
is made, as much as is reasonably and physically possible, for replanting
following removal. It is also the purpose of this chapter to assure
some protection to the applicant and the applicant's neighbors by
requiring contractors who remove trees in the Town of Somerset to
have a Maryland tree expert and/or liability and property damage insurance.
[Ord. No. 4-88, eff. 4-17-1988; amended by Ord. No. 5-02, eff. 5-8-2002; Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 8, § 8-101, of the 1989 Code)]
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As used in this chapter, the following terms shall have the
meanings indicated:
ADJOINING AND CONFRONTING PROPERTY
Land in the Town of Somerset which touches the boundary line
of other property at least at one point, which may be a corner, or
which would touch the boundary line of other property at least at
one point except for an intervening road, street, or right-of-way.
DRIPLINE OF A TREE
The area beneath a tree circumscribed by an imaginary line
below the outermost ends of the tree's branches.
PUBLIC UTILITY
Any "public service company" as that term is defined in the
Public Utilities Article of the Annotated Code of Maryland, § 1-101,
any agency of the State of Maryland, or the Washington Suburban Sanitary
Commission.
REPLANTING
The planting or transplanting of a tree or trees and/or a
shrub or shrubs following removal of an existing tree or trees.
REPLANTING PLAN
A drawing or detailed description of proposed landscaping
and replanting, including the number, size, species, and location(s)
of the tree(s) and/or shrub(s) to be planted, and the proposed schedule
for completion of the plan, which must be less than 12 months from
the date of permit approval, or such other time period as may be approved
by the Mayor or Town Council.
ROADSIDE TREE
Any tree or shrub growing within the right-of-way of any
public road.
SHRUB
A woody, perennial plant smaller than a tree, having permanent
stems branching from or near the surrounding ground level.
TREE
A perennial plant having a well-defined permanent, woody,
self-supporting main stem or trunk, a more or less definite crown,
a height at maturity of at least eight feet, and developing branches,
as it matures, above the surrounding ground level.
[Ord. No. 4-88, eff. 4-17-1988; amended by Ord. No. 2-91, eff. 4-9-1991; Ord. No. 3-97, eff. 12-10-1997; Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 8, § 8-102, of the 1989 Code); Res. No. 12-21-2, 3-7-2022, eff. 4-12-2022]
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