[HISTORY: Adopted by the Mayor and Common Council of the
Town of University Park. Amendments noted where applicable.]
[Amended 6-6-2022 by Ord. No. 22-O-05]
All trees in the public domain, including those located in Town
rights-of-way and parks and on Town property, and trees on private
property, are subject to the provisions of this chapter. Town obligations
set out in this chapter are subject to funding.
[Amended 6-6-2022 by Ord. No. 22-O-05]
A.
It shall be the responsibility of the Mayor and Common Council, with
the guidance and assistance of the Committee on Trees, Parks and the
Environment, to develop and periodically update and administer a written
plan to maintain the tree canopy through the care, preservation, pruning,
planting, replanting, reforestation, removal or disposition of trees
and shrubs in parks, along streets, and in other public areas within
the corporate limits of the Town and on private property within the
Town. The plan will be presented to the Town Council and upon their
acceptance and approval shall constitute the Official Comprehensive
Tree Plan for the Town.
B.
The Town shall establish a tree canopy baseline, to be maintained
on a periodic basis.
C.
The Town shall hire a professional arborist to consult on the health
and status of Town trees, to recommend pruning, planting and removal
of trees, to assist the Town in the development and review of a Town
Tree Plan, and perform such other tasks as directed by the Town. The
Town Arborist shall be selected by and report to the Director of Public
Works.
D.
The Town shall contract with a certified arborist who does not offer
or perform tree removal or pruning services in the Town to provide
tree risk assessments of trees on private property.
[Amended 6-3-2019 by Ord. No. 19-O-05]
The Town Council does hereby establish a special Committee on
Trees, Parks, and Environment, for the review of all matters concerning
Town trees as defined in this chapter, and other responsibilities
as determined by the Council. The Committee, which is to be appointed
by the Mayor with consent of the Council, will consist of Council
members and residents of the Town with particular expertise or interest
in trees, parks and environment. The Committee is also authorized
to sponsor educational activities that:
[Revised and effective 10-10-2004; amended 3-2-2020 by Ord. No. 20-O-03]
The Town may offer reimbursement of up to $300 toward the purchase
price of any tree listed in the Official Town Shade Tree List that
is planted on private property, not to exceed a total of $900 in a
five-year period to any individual household or property, upon such
terms and conditions as the Town deems reasonable. Under the same
terms and conditions, the Town may offer reimbursement of up to $
100 toward the purchase of any listed understory tree, not to exceed
a total of $300 in a five-year period. Any reimbursements are subject
to appropriation and available funding. Approved reimbursement will
be made available after successful planting of said tree(s).
No person shall remove or destroy, or cause the removal or destruction,
of a tree, or undertake and action that will substantially impair
the health or growth of a tree of any size or description located
in the public right-of-way or on Town property unless authorized by
the Mayor pursuant to state law and relevant Town right-of-way agreements
or easements.
[Added 6-6-2022 by Ord. No. 22-O-05[1]]
A.
A large
tree is a tree measuring 50 or more inches in circumference of a single
trunk, or the equivalent basal area for all stems combined, at 4 1/2
feet above ground level.
B.
No
person may remove or destroy, or cause the removal or destruction
of, a large tree located on private property without completing a
tree removal form and submitting it to the Town. The form shall include
the basis for removal.
C.
After
filing a tree removal form, a healthy large tree may be removed if
the owner of the tree:
D.
An
unhealthy or hazardous large tree, and an invasive species tree (as
defined by the Maryland Invasive Species Council's list) of any size,
is not subject to the requirements of this section if:
(1)
Prior to removal of an unhealthy large tree, the owner of the property
shall submit a tree removal form to the Town and pay the $300 reforestation
fee, if required. The Town shall enlist the services of a certified
arborist, at the expense of the Town, who will review the submitted
tree removal form and authorize the tree removal or discuss with the
owner alternatives to tree removal, including deadwooding and other
mitigation measures, prior to authorization.
(2)
A tree identified as an invasive species or assessed as unhealthy
or hazardous is documented in the tree removal form to confirm that
the removal is not subject to the requirements of this section.
[1]
Editor's Note: This ordinance also redesignated former § 16-106
as § 16-107.
[7-7-2004; amended 6-6-2022 by Ord. No. 22-O-05]
A violation of § 16-106 shall constitute a municipal
infraction, for which a fine of $400 may be imposed for each violation.
[Added 6-6-2022 by Ord. No. 22-O-05]
A.
A program
for reforestation and maintenance of large trees on private property
is established. Fees paid for removal of healthy trees will be dedicated
to this program.
B.
The
Town, in consultation with the Town Arborist and the Committee on
Trees, Parks and the Environment, will identify and prioritize those
areas within its boundaries that require reforestation to increase
tree canopy and carbon capture. In those identified areas, the Town
may fund installation of approved shade trees on private property.
C.
The
Town, in consultation with the Town Arborist and the Committee on
Trees, Parks and the Environment, may subsidize through the reforestation
program the maintenance of large trees on private property as an alternative
to removal with the approval of property owners. The Mayor shall annually
report to the Council on the implementation of this section.
