[HISTORY: Adopted by the Mayor and Council of the City of College Park 10-10-1989 by Ord. No. 89-O-5; amended in its entirety 5-10-2022 by Ord. No. 21-O-09. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
INSTALLATION
The proper planting of trees, shrubs and ground covers.
LANDSCAPE
Trees, shrubs, ground covers and other materials presently or hereafter planted within the City limits.
MAINTENANCE
All necessary operations, including but not limited to pruning, mowing, spraying, watering, fertilizing, staking and tree health assessments.
PRIVATE LAND
All land exclusive of public ways and public areas.
PUBLIC AREA
All public ways, parks and other lands owned or leased by the City.
PUBLIC WAY
All public streets, roads, boulevards, alleys and sidewalks.
RESIDENTIAL TREES
Trees located on residential property in the following current zoning categories: RR, RSF-95, RSF-65, RSF-A, RMF-12, RMF-20 and RMF-48, as amended.
URBAN FOREST
See definitions below.
A. 
Public trees in public rights-of-way or on property owned by the City.
B. 
Residential trees with trunks that measure greater than 36 inches in circumference (twelve-inch diameter), measured at 4 1/2 feet above ground level. If a tree divides into branches at less than 4 1/2 feet height, the trunk shall be measured immediately beneath the dividing point.
C. 
Residential trees measuring greater than 80 inches in circumference (twenty-six-inch diameter) are considered heritage trees. A heritage tree is a large individual tree with unique value, which is considered irreplaceable.
A. 
It is the policy of the City of College Park, Maryland, to educate and encourage all persons in the City to use safe and desirable installation, removal and maintenance practices to promote healthy trees, shrubs and ground covers on private and public lands within the City limits.
B. 
The provisions of this chapter apply to trees, shrubs and ground covers presently or hereafter planted and established within the City limits.
C. 
The organizational provisions of this chapter create positions and a Board whose purposes are to:
(1) 
Enhance the beauty of the City.
(2) 
Advise the City staff on planting, removal and maintenance of trees, shrubs and ground covers in or upon public ways or public areas within the City limits.
(3) 
Protect trees, shrubs, ground covers and other materials located on public property from undesirable or unsafe installation, removal and maintenance practices to ensure that no liability occurs from said practices.
(4) 
Identify and guard against landscape conditions (e.g., trees weakened by diseases, construction, storm damage, etc.) that may result in injury to persons using the public ways and areas and/or damage to public property.
(5) 
Coordinate with state agencies to monitor and guard City landscape against the spread of diseases or pests.
(6) 
Educate and encourage College Park residents to adopt practices that promote and protect healthy trees, shrubs and ground covers on private land.
D. 
When it is in the public interest, the City reserves the right to protect trees on private lands from diseases, pests or destruction.
[Amended 10-8-2024 by Ord. No. 24-O-07]
The City Council of College Park shall appoint a City Arborist who will serve for a period of not less than two years.
[Amended 10-8-2024 by Ord. No. 24-O-07; 5-6-2025 by Ord. No. 25-O-05]
A. 
Board membership and operation.
(1) 
By this chapter, the Tree and Landscape Board of the City of College Park, hereafter referred to as the "Board," is established.
(2) 
The Board shall have the following voting members: nine residents of the City appointed by the Mayor and Council of the City of College Park, the City Arborist who shall also serve as the City Staff Liaison.
(3) 
Member terms are governed by Chapter 15, Boards, Commissions and Committees, § 15-2, Terms and appointments.
(4) 
Members of the Board shall receive reimbursement for reasonable expenses in accordance with City procedures. Further, a reasonable sum of money shall be allocated for clerical support for the Board.
(5) 
The Board shall choose its own officers, adopt its own rules of procedure, subject to approval of the Mayor and Council, and keep an official record of its meetings and proceedings. A majority of its members shall constitute a quorum for the purpose of transacting business.
B. 
Duties and responsibilities of the Board.
(1) 
The Board shall:
(a) 
Study the landscape within the City of College Park and review City landscape plans.
(b) 
Review plans for the selection, installation and maintenance of landscape plantings and removal of questionable trees, shrubs and ground covers on public ways or public areas within the City limits.
(c) 
Present plans, including the vegetation management plan, to the Mayor and Council, which, when accepted and approved by the Mayor and Council, shall constitute the landscape plan for the City.
(d) 
Oversee the administration of the City landscape plan.
(2) 
With the advice of the City Arborist, the Board shall establish, maintain and disseminate an official list of trees, shrubs and ground covers suited for urban planting in the region's climatic zone. No trees, shrubs or ground covers other than those on the official list may be planted upon public ways or public areas within the City without the approval of the Board.
(3) 
The Board has the authority to establish, maintain and disseminate guidelines regarding:
(a) 
Proper installation, removal and maintenance practices.
(b) 
Safe and proper spacing of trees and shrubs.
(c) 
Preservation of wildlife habitats.
(4) 
The Board shall sponsor educational activities to:
(a) 
Increase public appreciation of grand champion trees of aesthetic, historical or ecological value on public and private lands within the City limits.
(b) 
Encourage civic associations to develop lists of trees on public or private land in their neighborhoods that may be protected from destruction.
(c) 
Encourage residents to include in their landscape plans the varieties of trees, shrubs and ground covers on the official City list.
(d) 
Inform residents of safe and desirable installation, removal and maintenance practices to promote healthy trees, shrubs and ground covers and provide habitats for wildlife.
(5) 
The Board shall develop guidelines to protect from destruction grand champion trees or trees of aesthetic, historical or ecological value to the community, whether they are located on public or private lands within the City limits.
(6) 
The Board has the authority to propose, present and recommend to the Mayor and City Council any resolution, ordinance or Charter change that advances the purposes set forth in this chapter.
(7) 
Provide an annual report and work plan, on or before the date and in the format determined by the Mayor and Council.
(8) 
To hear appeals from decisions concerning the removal or pruning of urban forest trees by the Public Works Director.
[Amended 10-8-2024 by Ord. No. 24-O-07]
A. 
The Public Works Director shall be responsible for the installation, maintenance and removal of trees, shrubs and ground covers within the specifications and standards established by the City Arborist and the Tree and Landscape Board in accordance with the landscape plan.
B. 
The cost of installation, maintenance and removal of trees, shrubs and ground covers and any other costs that shall be used to implement § 179-1, Definitions, as set forth in this document, shall be included in the Public Works Department budget under the tree maintenance account. Further, all expenses and costs incurred to conduct the educational missions, programs and publications of the Board shall be included and made a part of the Public Works Department budget under the tree maintenance account.
Wherever possible, this chapter shall be read to be consistent with the provision of the Natural Resources Article of the Annotated Code of Maryland. Any provision of this chapter which in any manner conflicts with any provision of state law shall be declared invalid and void to the extent of such conflict.
Except when required to do so in an emergency, or when exempted by the Public Works Director because of imminent danger to the public health, safety and general welfare, no person shall remove or destroy any tree in the City's urban forest, undertake construction or other action that could significantly detract from the health or growth of such a tree, or prune more than 20% of live wood from such a tree, without first applying for and obtaining a permit from the City.
A. 
An approved permit must be conspicuously posted on the property until the tree is removed or pruned.
B. 
Tree permits are valid for one year from the date issued.
C. 
(Reserved)
D. 
Trees identified for removal in applications submitted for urban forest trees will be inspected and receive a Level II tree risk assessment conducted by the Public Works Director, or designee.
E. 
A tree removal permit will be issued if the tree is:
(1) 
Determined to be dead, diseased, hazardous to the safety of persons or property in a way that cannot be addressed by using the current tree care, ANSI Z standards (American National Standard Institute);
(2) 
Deemed an invasive species (as identified on the list maintained by the Maryland Invasive Species Council); or
(3) 
An urban tree objectively determined to adversely impact the property because of its location, condition, or effect on other structures or trees.
F. 
A permit for removal will be issued if the tree is located in a place proximal to houses or utilities, so that it can cause structural damage, or in a place that would make it difficult for a property owner to expand the footprint of the house in conjunction with a building permit that can otherwise be approved by the County and City. A permit for removal of a heritage tree in a healthy, nonhazardous condition cannot be issued unless its location would actually prevent expansion of the footprint of the house.
G. 
In a determination of whether to issue a permit for tree removal or live wood pruning of more than 20% of urban forest trees, the Public Works Director or designee will also consider:
(1) 
The overall health of the tree;
(2) 
The potential hazards associated with the tree;
(3) 
The desirability of preserving the tree by reason of its age, size, or outstanding quality, such as uniqueness, rarity or status as a landmark or species variety;
(4) 
The extent to which the area would be subject to environmental degradation due to removal of the tree or trees;
(5) 
The extent of the tree canopy in the immediate area; and
(6) 
Other applicable law.
A. 
The owner of the property from which an urban forest tree is removed on or after July 1, 2022, is required to plant a replacement tree or to pay a fee to the Urban Tree Protection Fund for each removal, as follows:
(1) 
For removal of a thirty-six-to-forty-seven-inch circumference tree: Replace with one tree or pay a $250 fee;
(2) 
For removal of a forty-eight-inch circumference or greater tree: Replace with two trees or pay a $500 fee.
Property owners that can demonstrate financial hardship may request a waiver of the payment to the Urban Tree Protection Fund.
B. 
When practicable, replacement trees should be planted on the same property from which a tree has been removed.
C. 
Replacement tree species shall be approved by the Public Works Director or designee prior to planting and planted within 12 months from the date tree removal is complete. Property owners are eligible to receive reimbursement funding for required replacement trees from the City's Tree Canopy Enhancement Program (TCEP) Fund as identified in the TCEP guidelines. Replacement trees shall meet the TCEP tree size guidelines, whether or not reimbursement from the program is requested.
D. 
In the alternative, when a tree removal has been properly permitted as required herein, the owner of the property may request reimbursement of up to $300 from the City for the cost of purchasing and planting on the property a species and size of tree that meets TCEP guidelines and is approved by the Director of Public Works or designee.
E. 
Requests for reimbursement will be processed six months after planting if the replacement tree is in a healthy condition as determined by the Director of Public Works or designee.
If, at the conclusion of the basic Level II assessment, an applicant who disputes the findings by the Public Works Director or designee, can request a second opinion from a third-party assessor, qualified as an International Society of Arboriculture (ISA) certified arborist or a tree risk assessment qualified arborist, and licensed and insured to perform tree assessments in the State of Maryland, to determine the condition of the tree. The selected arborist will perform an advanced Level III assessment and provide a written report of the findings with recommendations. The results of the Level III assessment shall be provided by the applicant to the Public Works Director to review for reconsideration of the tree removal application. The City shall reimburse the applicant for one-half of the cost of the certified arborist's Level III assessment.
The decision of the Public Works Director may be appealed by the applicant, in writing, to the College Park Tree and Landscape Board, by delivery to the City Clerk within 15 business days of the date of permit denial. The appeal will be considered at the board meeting following the filing of the appeal. The board will evaluate all the information presented by the applicant, including any mitigation proposed by the applicant, and will make a final decision within 30 days of the meeting. The decision of the Tree and Landscape Board may be appealed by the applicant to the Mayor and Council in writing by delivery to the City Clerk within 15 days of issuance.
Any person, including an owner or occupant of the property on which an urban or heritage tree is located, and any business or individual performing work for such owner or occupant, who violates any of the provisions of this article shall be guilty of a municipal infraction, subject to the penalty provided in Chapter 110, Fees and Penalties, of this Code. Fines resulting from violations of this article are dedicated to the Urban Tree Canopy Protection Fund.