Chapter 12.04
GENERAL PROVISIONS
Sections:
12.04.030 Authority of City Manager to adopt regulations.
12.04.040 Interference prohibited.
12.04.050 Enforcement—Stop work orders.
12.04.060 Procedure to be followed in case of infractions.
12.04.070 Charges for City taking corrective action.
12.04.080 City Manager to have decision-making authority for all trees on City property.
12.04.090 Inspection for insects and disease—Taking of specimens.
12.04.100 Permission required to prune, spray, plant or remove from City property.
12.04.110 Requirement for supervision by a tree expert.
12.04.120 Exemption from County Code.
12.04.010 Definitions.
As used in this chapter:
“Basal area” means the area of a tree trunk’s cross section, measured outside the bark.
“Caliper” means the diameter measurement of the trunk of nursery stock trees, taken at caliper height.
“Caliper height” means six inches above the ground in the case of trees less than four inches in diameter at six inches above the ground and 12 inches above the ground in the case of all other trees.
“Canopy” means the total area of tree leaves on a tree or trees, the total area of branches and stems of a tree or trees, or any combination of the same for all trees on a tract of land.
“City Manager” means the City Manager of the City of Takoma Park or their designee.
“City property” means City rights-of-way, City parks, median strips, and other City-owned or controlled property.
“Critical root zone” means the protection zone for an individual tree or an area defined by a circle with a diameter 36 times the diameter at breast height or DBH of the tree (or one-and-one-half feet of radius for each inch of DBH) or such smaller area as determined by the City Manager in a tree impact assessment.
“Crown” means the volume defined by the spread of the branches and foliage of a tree.
“Department” means the Department of Public Works of the City of Takoma Park.
“Diameter at breast height” or “DBH” of a tree means the measurement of the average diameter of the tree taken at four-and-one-half feet above the ground.
“Emergency action” means actions that must be taken immediately with respect to the urban forest in order to prevent harm to life or significant harm to property.
“Hazardous,” in relation to a tree or tree part, means defective, diseased or dead, and posing an unreasonable risk of failure or fracture with the potential to cause injury to people or damage to property. An entire tree is not hazardous if the hazard can be addressed via pruning or other tree maintenance measures.
“Invasive species” means a species that is nonnative to the City’s ecosystem and whose introduction causes or is likely to cause economic or environmental harm or harm to human health.
“Nursery stock tree” means a tree that meets the standards established by the American Standard for Nursery Stock published by the American Association of Nurserymen (Publication No. ANSI Z60.1-1996).
“Open space” means undeveloped City-owned property that is not parkland or right-of-way.
“Owner” means any person who, alone or jointly or severally with others:
1. Has a legal or equitable ownership interest in real property, including a contract purchaser of property;
2. Has a legal, equitable or beneficial interest in a corporation, limited liability company, partnership, limited partnership, limited liability partnership, trust or other entity that has a legal or equitable ownership interest in a rental facility; or
3. Has charge, care or control of real property as personal representative, executor, administrator, trustee, guardian, or conservator of the estate of the owner.
“Person” means an individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, trust, association, organization, or any other legal entity, but does not include the City.
“Target” means people or property that may be subject to injury or damage as a result of a tree’s failure.
“Tree Commission” means the resident commission established by the Council to preserve, protect, and promote the urban forest of the City and to hear appeals from preliminary permit decisions.
“Tree cover” means area covered by canopy, expressed in square feet or as a percentage of the area of a tract of land.
“Tree protection plan” means a site plan that delineates tree save areas and details measures to be taken to ensure survivability of trees to be saved prior to and during construction.
“Undesirable species” means plants that undermine the health of the urban forest and which are identified from time to time by administrative regulation.
“Urban Forest Manager” means the City of Takoma Park Urban Forest Manager or their designee.
“Urban forest tree” means a tree as defined in Section 12.12.020.
“Vermin” means small animals, including insects, that are prolific and destructive or injurious to the health of people and plants.
“Woody vegetation” means vegetation with stems of wood (other than vines) and includes trees and bushes. (Ord. 2020-22, 2020/Ord. 2003-40 (part), 2004)
12.04.020 Interpretation.
This chapter is intended to supplement and not to contradict or supersede any applicable provisions of the law and regulations of the state of Maryland and is to be interpreted as such. (Ord. 2020-22, 2020/Ord. 2003-40 (part), 2004)
12.04.030 Authority of City Manager to adopt regulations.
The City Manager may adopt regulations to implement this chapter in accordance with the provisions of Chapter 2.12, Administrative Regulations. (Ord. 2020-22, 2020/Ord. 2003-40 (part), 2004)
12.04.040 Interference prohibited.
A person who prevents, delays, or interferes with the City Manager while they are carrying out the provisions of this chapter in or upon any City property, public highway or public space commits a Class C municipal infraction. (Ord. 2020-22, 2020/Ord. 2003-40 (part), 2004)
12.04.050 Enforcement—Stop work orders.
A. The Department has primary responsibility for the administration and enforcement of this chapter.
B. Representatives of the Department, the Urban Forest Manager, and Code Enforcement Officers may serve as the City Manager’s designees, with full authority to enforce all municipal infraction provisions of this chapter.
C. In addition to all other means of enforcement provided for by law and in this chapter, the City Manager, Code Enforcement Officers, or police officers may issue a “stop work order” to any person who violates any provision of this chapter. A stop work order also may be issued on the basis of information received setting forth the facts of the alleged violation.
D. Any person who receives such a stop work order shall immediately cease the activity that constitutes the violation. The person shall comply with all terms and conditions of the stop work order before the activity may resume. (Ord. 2020-22, 2020/Ord. 2003-40 (part), 2004)
12.04.060 Procedure to be followed in case of infractions.
A. In the case of violations of this chapter, the City may issue a warning notice, giving the person an appropriate period of time to correct the violation before a municipal infraction citation is issued. No additional warning notices will be issued for continuing or subsequent violations for which a warning notice was issued.
B. Failure to abate a violation for which a municipal infraction citation has been issued by the due date of the fine, as set forth on the municipal infraction citation, causes continuing or subsequent violations to be treated as repeat offenses.
C. In addition to the fine for a municipal infraction, the City may obtain a court order for the owner to abate the violation or for the City to abate the violation at the expense of the owner. (Ord. 2020-22, 2020/Ord. 2003-40 (part), 2004)
12.04.070 Charges for City taking corrective action.
A. Where the City has taken corrective action to bring a property into compliance with this chapter, the City Manager shall send the owner a bill for the cost of the corrective action. The bill is sent by regular mail to the owner’s last known address or delivered by any other means reasonably calculated to bring the bill to such person’s attention. If the owner does not pay the bill within one month after it is presented, the City Manager may certify the cost of such corrective action to the Finance Director.
B. The Finance Director shall send a bill for the costs of such corrective action to the owner of the real property, as listed in the City property tax records. The Finance Director also may send a copy of the bill for the costs of the corrective action to a lender under a mortgage or deed of trust made by the owner and secured by the real property, as listed in the City property tax records. The bill is sent by regular mail to the last known address of the owner or lender or delivered by any other means reasonably calculated to bring the bill to such person’s attention. If the bill is not paid within one month after it is presented, then the cost becomes a lien against the real property that may be collected and enforced in the same manner as are taxes, special assessments, and other liens against real property or collected by a lawsuit against the owner. (Ord. 2020-22, 2020/Ord. 2003-40 (part), 2004)
12.04.080 City Manager to have decision-making authority for all trees on City property.
A. The City Manager has authority over the disposition of all trees located on City property and has the power to plant, maintain, or remove trees on City property. The City Manager shall give due consideration to the urban forest preservation principles embodied in this chapter, and apply the same criteria in this chapter for tree removal and tree protection decisions regarding trees on City property as are required of private persons, but such decisions are not subject to appeal to the Tree Commission. Documentation showing the application of the criteria of this chapter for tree removal and tree protection shall be available for public review, and such notice shall be posted on City property in a visible location near the affected tree seven days in advance of taking action to remove or otherwise impact a tree unless a determination has been made by the City Manager that immediate action is needed.
B. The City Manager may order the removal of any tree or part of a tree on City property that:
1. Poses a threat to safety;
2. May cause damage to utilities or other public improvements;
3. Is diseased or infested and poses a danger to other healthy trees, if removal is the only practical solution; or
4. Interferes with the exercise of any power conveyed by the Charter of the City of Takoma Park, including the construction and alteration of buildings and public ways and sidewalks.
C. If the City removes a tree from City property, the City must replace the tree in accordance with Section 12.12.100.
D. The City Manager shall manage City-owned forested areas, which are designated for protection as natural areas by resolution or open space plan, consistent with the terms of the applicable resolution or plan and this title, except where there is a threat to public health, safety, or welfare. (Ord. 2020-22, 2020/Ord. 2003-40 (part), 2004)
12.04.090 Inspection for insects and disease—Taking of specimens.
A. The City Manager is authorized to inspect any woody vegetation that appears to be or is reported to be infected with a fungus, virus, bacterium, or other pathogen or infested with insects or other parasites which, due to such infection or infestation, may cause damage to other woody vegetation or other property, and may take specimens from the woody vegetation if necessary to determine the existence of such infection or infestation.
B. If the City Manager cannot determine with certainty the existence of infection or infestation in any woody vegetation, the City Manager shall send any such specimens for examination, diagnosis and report to the Cooperative Extension Service, Home and Garden Information Center, University of Maryland or other laboratory, and shall base further action on such extension service or other laboratory report. (Ord. 2020-22, 2020/Ord. 2003-40 (part), 2004)
12.04.100 Permission required to prune, spray, plant or remove from City property.
A. Except as provided in subsection (B) of this section, a person who sprays, prunes, cuts, removes, or plants any vegetation on City property without obtaining prior written permission from the Department commits a Class B municipal infraction.
B. Permission is not required to plant or maintain nonwoody vegetation less than 24 inches in height on planting strips or City rights-of-way located adjacent to the person’s property (e.g., between the front yard or the sidewalk and the street), unless the City Manager informs the person of the City Manager’s objection to the planting or maintenance. (Ord. 2020-22, 2020/Ord. 2003-40 (part), 2004)
12.04.110 Requirement for supervision by a tree expert.
A. No person shall perform tree pruning, tree removal or other tree work for hire, including consulting, insect and disease mitigation, abiotic mitigation, and tree preservation, without supervision, involving a site visit, by a Licensed Tree Expert (LTE) in good standing with the Maryland Department of Natural Resources.
B. No person shall perform tree care consulting for hire without being a licensed tree expert (LTE) in good standing with the Maryland Department of Natural Resources.
C. All tree work and consulting will be done according to arboriculture industry guidelines: ANSI A300 (Parts 1 and 2) and ANSI Z133.l (as amended).
D. A violation of this section is a Class B municipal infraction. (Ord. 2020-22, 2020/Ord. 2003-40 (part), 2004)
12.04.120 Exemption from County Code.
Pursuant to the authority conferred by Section 4-111 of the Local Government Article of the Annotated Code of Maryland and by Section 1-203 of the Montgomery County Code, the City of Takoma Park specifically exempts itself from the following sections of the Montgomery County Code relating to tree protection and tree canopy preservation:
A. Section 8-26(n) and (o);
B. Section 19-71;
C. Section 49-35;
D. Section 49-36A;
E. Sections 55-1 through 55-11. (Ord. 2020-22, 2020/Ord. 2014-4 § 1, 2014)
12.04.130 Tree Commission.
A. Establishment. A Tree Commission is established to preserve, protect and promote the urban forest of Takoma Park.
B. Composition. The Tree Commission is composed of up to seven City residents appointed by the Council.
C. Function. The Tree Commission, with the assistance of the Urban Forest Manager, shall propose rules, regulations, procedures and actions to be taken by the City to preserve and protect the urban forest, subject to the approval of the Council, and perform any other related duties assigned by the Council by ordinance or resolution. (Ord. 2021-39 § 6, 2021)