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.
The City Council of College Park shall appoint a City Forester who will serve for a period of not less than two years.
The City Manager shall employ or contract for the services of a professional horticulturist.
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.
Nothing herein shall be construed as conferring upon the City of College Park or the Board created herein the right to take private property.
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.
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.