No permit under this chapter shall be required:
A. Emergencies. If the Town determines that immediate destruction or
removal of a tree is necessary to abate a substantial, immediate and
imminent danger to life or property.
B. Maintenance by owner. When the owner or resident of a property, or
a contractor hired by him, performs maintenance on trees located on
said property in accordance with professionally accepted standards.
C. Pruning by public utility. When a public utility prunes roadside
trees; but only if:
(1) Said trees are not located on property owned by the Town (including
but not limited to Town parks) or on a public right-of-way adjacent
to or adjoining property owned by the Town; and
(2) The utility has obtained and fully complies with a permit issued
by the Maryland Department of Natural Resources pursuant to the Natural
Resources Article of the Annotated Code of Maryland, § 5-406;
and
(3) The utility has given at least two weeks' notice to the Clerk-Treasurer
of its intent to prune specified trees, and included with its notice
a copy of the state-issued permit.
D. By Town. When tree removal or destruction is performed by employees
and authorized agents of the Town, within the normal course of their
employment and scope of their authority on property owned by the Town
or on a public right-of-way. When the Town Arborist recommends removal
of a tree on a public right-of-way, the Clerk-Treasurer shall send
notice to the abutting property owner. Notice shall be sent by first-class
mail and by e-mail if e-mail addresses are available in the Town directory,
if any, or are otherwise known. Such notice shall not be required
in the event of an emergency, as determined by the Mayor or Clerk-Treasurer.
E. When approved by Planning Commission. When tree removal is performed
in accordance with a site plan approved by the Maryland-National Capital
Park and Planning Commission and an enforcement agreement has been
entered into pursuant to the provisions of Chapter 59, Zoning Ordinance,
Section 7.3.4, of the Montgomery County Code, and a sediment and erosion
control permit has been issued for such property, and copies of all
such documents have been filed with the Mayor prior to the removal
of any trees.
[Ord. No. 4-88, eff. 4-17-1988; amended by Ord. No. 6-96, eff. 12-13-1996; Ord. No. 6-02, eff. 6-12-2002; Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 8, § 8-202, of the 1989 Code); Res. No. 10-23-3, 12-4-2023, eff. 1-9-2024]
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Application for a permit shall be made by the owner(s) of the
property upon which the proposed action is to be taken, by an agent
of the owner(s), by the licensed engineer or architect employed in
connection with the proposed work, or by the public utility as appropriate.
If the application is made by a person other than the owner(s), it
shall be accompanied by a written certification by the owner(s) or
the qualified person making the application that the proposed work
is authorized by the owner(s) and that the applicant is authorized
to make such application.
[Ord. No. 4-88, eff. 4-17-1988 (formerly Ch. 8, § 8-203, of the 1989 Code)]
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A written application for a permit shall be submitted to the
Clerk-Treasurer and shall contain the following minimum information:
A. The street address of the property upon which the proposed action
is to be taken;
B. The full name(s) and address(es) and daytime and evening telephone
number(s) of the owner(s);
C. A brief description of the proposed action and the location of the
tree or trees on the property to be affected;
D. The species of the tree(s) to be affected;
E. The diameter of the tree(s) to be affected, as measured four and
one-half (4 1/2) feet above the average surrounding ground level;
F. A brief statement explaining why the proposed action is reasonable
and necessary and consistent with the purposes of this chapter;
G. A statement whether the applicant intends to perform replanting after
tree removal is completed. If the applicant does so intend, the applicant
shall submit a replanting plan;
H. A statement describing the tree(s) removed from the subject property
within the prior five-year period;
I. The names and addresses of all owners of adjoining and confronting
property as shown in Town records maintained by the Clerk-Treasurer
at the time of submission of the application, or of the occupants
of said properties if the owners are not the occupants; and also the
names and addresses of occupants of houses outside of the Town of
Somerset who have a common property line with the applicant;
J. A certification that, prior to submission of the application, a copy
of the application, including any replanting plan(s), as submitted,
has been shown or provided to all owners of adjacent and confronting
property at their addresses as shown in Town records maintained by
the Clerk-Treasurer at the time of submission of the application,
or to the occupants of said property if the owners are not the occupants
and to occupants of houses outside of the Town of Somerset who have
a common property line with the applicant. This requirement shall
not apply if trees to be affected are dead when the application is
submitted;
K. The name of the company or individual who will remove the tree or
trees and his Maryland Tree Expert License number; and
L. A fee in the amount set by the Town Council.
[Ord. No. 4-88, eff. 4-17-1988; amended by Ord. No. 6-96, eff. 12-13-1996; Ord. No. 5-02, eff. 5-8-2002; Ord. No. 8-03, eff. 12-10-2003; Ord. No. 11-05, eff. 1-10-2006; Ord. No. 9-07, eff. 9-12-2007; Ord. No. 3-10, eff. 7-13-2010; Ord. No. 5-10, eff. 1-30-2011; Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 8, § 8-204, of the 1989 Code); Res. No. 12-21-2, 3-7-2022, eff. 4-12-2022]
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The following aggravating and mitigating factors shall be considered
in approving or disapproving an application for a permit:
A. Aggravating
factor weighing against removal.
(1) The desirability of preserving any tree because of its age, species,
size or outstanding qualities such as uniqueness, rarity, or status
as a landmark or species specimen;
(2) The extent to which the immediate area, and the Town in general,
would be subject to environmental degradation due to removal of the
tree(s), including but not limited to stormwater management concerns;
(3) The number of trees removed from the subject property within the
prior five-year period;
B. Mitigating
factors weighing in favor of removal.
(1) Whether the tree is diseased, insect-infested, or injured beyond
restoration;
(2) Whether the tree is in danger of falling, presents a threat of injury
to life or property;
(3) The hardship or unusual practical difficulty which the applicant
may suffer if a permit for the requested action is not issued;
(4) The extent to which the tree or shrub removal is necessary to achieve
proposed development, redevelopment, land use, utility construction
or utility maintenance, and the extent to which there is no reasonable
alternative; and
(5) The extent to which any replanting plan proposed by the applicant
involves:
(a) Planting native canopy trees;
(b) Planting trees that are at least two and one-half (2 1/2) inches
in diameter at the time of installation and chosen from the list of
approved replanting trees, as adopted by the Town Council from time
to time;
(c) Conservation landscaping; and
(d) Rain gardens or other stormwater drainage measures to address any
stormwater management concerns.
[Ord. No. 4-88, eff. 4-17-1988 (formerly Ch. 8, § 8-205, of the 1989 Code); Res. No. 12-21-2, 3-7-2022, eff. 4-12-2022]
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Any person who is aggrieved by a decision of the Town Council
with regard to an application for a permit filed under the provisions
of this chapter shall have the right to appeal the decision of the
Town Council to the Circuit Court for Montgomery County, Maryland
under the provisions of Title 7, Chapter 200, of the Maryland Rules
of Procedure. In any judicial proceeding under this section, the findings
of the Town Council as to the facts, if supported by evidence and
in the absence of fraud, shall be conclusive, and the jurisdiction
of said Court shall be confined to questions of law.
[Ord. No. 4-88, eff. 4-17-1988; amended by Ord. No. 8-93, eff. 10-25-1993; Res. No. 8-20, 12-7-2020, eff. 1-21-2021 (formerly Ch. 8, § 8-209, of the 1989 Code); Res. No. 12-21-2, 3-7-2022, eff. 4-12-2022]
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