Town of Centreville – Tree Ordinance

Exactly as extracted, unformatted — for checking against the original. The readable version is easier to read.

Chapter 20. Boards, Committees and Commissions
Article IV. Tree Board
§20-16. Creation.
There is hereby established a board to be known as the Centreville Tree Board.
§20-17. Membership; bylaws; meetings.
A. The Centreville Tree Board shall be composed of the five members who serve as
the Centreville Parks Advisory Board.
B. The ex officio, nonvoting members of the Parks Advisory Board shall also serve
the Tree Board in that capacity.
C. The officers of the Parks Advisory Board shall also serve the Tree Board in that
capacity.
D. The Board shall establish bylaws for the conduct of its activities. It shall meet
regularly at a time and place it shall establish.
E. The Town Manager shall maintain records of the board’s proceedings and assist
the Board with dissemination of information and other administrative duties as
may be assigned by the Board
§20-18. Purpose of Board
The Tree Board is established to promote tree planting and preservation within the town
of Centreville and to advise the Town Council and the Town Manager on matters related
to trees.
§20-19. Duties
The Tree Board shall have the following duties:
A. Develop a written plan for the care, preservation, pruning, planting or removal of
trees and shrubs in parks, along streets and in other public areas. The plan will be
presented to the Town Council and upon their approval shall constitute the town
tree plan.
B. Advise the Town Council on matters pertaining to the preservation of trees and
establishment of tree canopy cover within the town.
C. Help plan and carry out activities to promote trees, such as Arbor Day
celebrations and tree planting promotions.
D. Help plan and carry out educational outreach on tree planting, care and protection
and the importance of trees to the town’s environment and character.
E. Adopt a Tree Species List to guide tree planting within Centreville.
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F. Adopt standards and procedures for tree planting, maintenance and protection as
necessary for administration of this Code.
§20-20. Annual Report
The Tree Board shall submit an annual report to the Town Council providing information
on the following activities for the past year:
A. Arbor Day activities and other activities promoting tree planting and preservation.
B. Tree planting activity and loss of trees on town-owned property and along streets,
sidewalks and pathways.
C. An assessment of the town’s tree canopy coverage.
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Chapter 145
Trees
Article I. Purpose and Administration
§145-1. Findings and Purpose
The Town Council finds that it is in the interest of the residents and businesses of the
Town of Centreville to preserve, protect and increase the Town’s tree canopy. Because
large trees require many years to mature, the Town places a high value on protecting
mature trees and planting new, large-maturing trees that will provide tree canopy for
generations to come.
The mature tree canopy contributes to public health, safety and welfare in many ways:
A. Contributes significant aesthetic value,
B. Stabilizes soils, reducing soil erosion and storm water runoff,
C. Cools the environment through the provision of shade and the evaporation of
water during leaf transpiration,
D. Decreases the urban heat island effect and reduces the volatile organic compounds
released from parked vehicles,
E. Filters particulate matter from the air and absorbs carbon dioxide and other
pollutants,
F. Provides food and shelter for plant and animal species,
G. Increases property values,
H. Provides buffers between land uses, reduces noise and reduces light glare.
This Chapter is intended to maintain and increase Centreville’s tree canopy cover and to
protect existing mature trees. Centreville hereby establishes a goal of increasing the
town’s tree canopy cover from approximately 27 percent in 2007 to 35 percent. This goal
is to be achieved through the requirements of this Chapter and other sections of the Code;
the efforts of private property owners to plant and preserve trees; and the town’s program
of tree care and planting on town property.
The requirements of this Chapter are in addition to other tree planting or preservation
requirements of the Code, including Chapter 69, Forest Conservation, Chapter 138,
Subdivision and Chapter 170, Zoning.
§145-2. Administration
A. No application to clear, grade or develop land in the town shall be approved
unless the plan complies with the requirements of this chapter.
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B. The Town Manager or his designee shall assist the Tree Board in promoting tree
planting and protection, providing educational outreach on the benefits and care
of trees, developing a town tree plan, promulgating standards for tree protection
and planting, and maintaining a town tree species list.
C. The Town Manager or his designee shall inspect development sites as needed to
enforce the tree planting and protection requirements of this chapter.
D. The Town Manager may retain the services of a certified arborist to advise staff
on plans for tree removal or protection.
E. The Town Council may establish fees to cover the cost of plan review, site
inspection and the services of a certified arborist where applicable.
§145-3. Tree Species List
A. The Centreville Tree Board shall approve and publish a Tree Species List which
includes the following information:
(1) Species recommended for planting within the town.
(2) Species not recommended for planting. These species shall not be used for
street trees, parking lots, or on town property. They will be approved for
use as part of subdivision or site plan applications only with justification
acceptable to the Planning and Zoning Commission.
(3) Notations on which species may be planted beneath utility lines and as
street trees, and other species characteristics.
(4) A division of recommended deciduous trees into size categories based on
the expected mature size of the species. Trees shall be categorized as
follows:
(a) Large tree: average mature height of 40 feet or greater
(b) Medium tree: average mature height of 25 to 40 feet
(c) Small tree: average mature height of 15 to 25 feet
(d) Very small tree: average mature height less than 15 feet
B. The Tree Board may amend the list to incorporate results of research and
experience with individual species.
C. The list shall be available from the Zoning Administrator and the town office.
§145-4. Tree fund
A. The town shall establish a tree fund which may receive funds from the following
sources or other sources authorized by the Town Council:
(1) Funds allocated by the Town Council in the town budget.
(2) Grants, gifts, contributions and bequests.
(3) Funds from bonds forfeited under the requirements of this chapter.
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(4) Fees paid for tree removal or fees in lieu of tree planting.
(5) Penalties paid due to violations of this chapter.
B. The Town Council may authorize use of the tree fund for the following purposes
or other purposes directly to tree planting and care:
(1) To plant street trees, upon a request from the owner of property abutting
the street or the advice of the Tree Board;
(2) To replace trees on sites for which the bonds were forfeited;
(3) To plant, protect or care for trees on town-owned property;
(4) To provide funding for the services of a certified arborist to advise the
town on matters related to tree planting, care and protection.
§145-5. Plan submission requirements
A. Applications for preliminary subdivision plats, minor subdivision plats, site plans,
and simplified site plans or building permits shall include the following
information:
(1) Location, DBH and species of existing trees with DBH of four inches or
larger on the site and on adjacent lots or rights-of-way if any part of the
area within the tree’s drip line is on the site. For areas of a site where
forest stand delineation is required by the Forest Conservation Ordinance
(Chapter 69), this item shall be satisfied by the forest stand delineation.
(2) Identification of trees to be preserved or removed.
(3) Species, caliper and location of trees to be planted.
(4) Total tree canopy cover required in percentage of site area and square feet.
(5) Summary of tree canopy coverage to be provided on the site, including
canopy cover for preserved trees by individual tree or tree groups, and for
trees to be planted by species, mature size and canopy category.
(6) Delineation of the critical root zone and tree protection zone of existing
trees to be preserved.
(7) Type and location of tree protection fencing and signs by which trees to be
preserved will be protected during construction, including protection for
trees on adjacent land whose drip line is on the site.
(8) Planting and mulching details for trees to be planted.
(9) Tree protection statement for all preserved trees: “Tree protection
measures will be maintained at all times. Additional tree protection
measures shall be installed if deemed necessary by on-site inspection.”
(10) Tree maintenance statement for all planted trees: “Trees will be
maintained using best management practices; maintenance within the first
two years after planting will include watering, mulching and pruning.”
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B. Plan submittals
(1) The Zoning Administrator shall review applications subject to this chapter
to determine whether the application has the information required by the
above list. An application shall not be accepted for review by the town
unless the required information is provided.
(2) Within no more than 15 days of receipt of the application, if the Zoning
Administrator determines that the application is not complete, he shall
notify the applicant in writing, specifying the deficiencies of the
application, listing additional information that must be supplied, and
stating that no further action will be taken by the Town on the application
until the additional material is submitted.
§145-6. Plan review
A. The Zoning Administrator, Town Engineer or appropriate town staff shall review
plans for compliance with this chapter, with input from a certified arborist and
other agencies as needed.
B. If a submitted plan is not in compliance with this chapter, the Zoning
Administrator shall transmit comments notifying the applicant that revised plans
are required.
C. For plans requiring approval by the Planning and Zoning Commission under
Chapter 138, Subdivision or 170, Zoning:
(1) The plan shall not be scheduled for a meeting before the Planning and
Zoning Commission until the Zoning Administrator determines that the
plan is substantially in compliance with this chapter.
(2) The Zoning Administrator shall make a recommendation to the Planning
and Zoning Commission for approval or denial of the plan and of any
waivers requested for the plan under this Chapter. The Zoning
Administrator may recommend conditions of approval.
D. For plans requiring approval by the Zoning Administrator under Chapter 138,
Subdivision or 170, Zoning:
(1) The Zoning Administrator shall not approve a plan unless the plan
complies with the requirements of this chapter.
(2) The Zoning Administrator shall approve or deny any waivers requested for
the plan under this Chapter.
§145-7. Waivers
A. A waiver may be granted to the tree canopy or the tree planting and protection
requirements of this chapter by the approving authority for the plan.
B. A waiver to the tree canopy requirements may be granted if the approving
authority finds that:
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(1) Unique physical characteristics of the site make the planting, preservation
or maintenance of healthy trees impracticable, or
(2) The purposes of this chapter are met better through means other than tree
preservation or planting on the development site; or,
(3) For expansion or alterations to existing uses within the Central Business
District (CBD) zoning district, a waiver may be granted if strict
application of the tree canopy requirements would require a reduction in
the number of parking spaces below the minimum parking requirements of
the zoning regulations.
C. For waivers to tree planting and protection requirements, the approving authority
must consider information from a certified arborist on the ability of the alternative
standards proposed in the plan to allow healthy tree growth and to effectively
protect trees.
D. Lack of sufficient permeable area for trees shall not be grounds for waiving
requirements of this chapter if the proposed parking area has more parking spaces
than required by Chapter 170, Zoning, for the particular use.
E. If a waiver is granted, the applicant shall do one of the following as determined by
the approving authority:
(1) Plant trees to provide the required tree canopy on land owned by a public
agency in a location where the trees will provide enhanced buffers for
waterways, habitat areas or other environmentally sensitive areas.
(2) Pay to the Tree Fund a fee-in-lieu of tree planting or protection in an
amount established by the Town Council but not less than $1.00 per
square foot of required tree canopy area.
§145-8. Guaranty for tree establishment and protection
A. Surety for tree establishment
(1) Prior to approval of a final plat or site plan, the developer shall furnish to
the town a bond or other surety approved by the Town Council in an
amount sufficient to cover the estimated cost of planting the trees required
by the standards of this chapter. For all development except new
residential subdivisions, the surety shall be held by the town for at least 24
months.
(2) If the applicant does not comply with the conditions of the site plan or
subdivision plan for tree planting, the surety shall be forfeited. Trees that
do not survive in good condition, as determined by a member of the Tree
Board, the Town Manager, or his designee, shall be replaced prior to the
release of the surety. If the trees are not replaced within 48 months from
the original date of planting, the surety shall be forfeited and the town
shall use the funds to install the required trees.
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(3) For new residential subdivisions, the surety shall be released after final
plat approval and after at least fifty percent of the lots have been sold and
all provisions of this chapter have been met.
B. Individual residential lots
Use and occupancy permits for individual residential lots shall be withheld until
tree planting on each lot is complete in accordance with the requirements of this
chapter and the approved plans. A use and occupancy permit may be issued prior
to tree planting if the Zoning Administrator determines that the season is
inappropriate for planting. In such cases the trees shall be planted by a date
assigned by the Zoning Administrator. If the trees are not planted by the assigned
date the property owner shall be considered in violation of this chapter.
C. Surety for tree protection
(1) Prior to approval of a final plat or site plan, the developer shall furnish to
the town a bond or other surety as approved by the Town Council, in an
amount approved by the Town Council and equal to at least $100 per inch
of DBH (diameter at 4 ½ feet above the ground) for each tree being
protected.
(2) For all development except new residential subdivisions, the surety shall
be released after issuance of a use and occupancy permit and after
successful implementation of the tree protection requirements of this
chapter.
(3) For new residential subdivisions, the surety shall be released after final
plat approval and after at least fifty percent of the lots have been sold and
the tree protection provisions of this chapter have been met. As a
condition of building permit approval, a separate tree protection guaranty
shall be required from the general contractor providing improvements on
each lot. Such sureties shall be released after issuance of a use and
occupancy permit provided that trees were successfully protected in
accordance with this chapter.
(4) Funds from bonds forfeited under this section shall be deposited into the
Tree Fund. The funds maybe used to plant replacement trees on the
property for which the bond was forfeited.
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Article II. Tree Canopy Requirements
§145-9. Purpose
This article requires minimum tree canopy coverage for lots or parcels undergoing
development. To the greatest extent possible, the required tree canopy coverage should be
provided through protection of existing trees. Where existing trees are not adequate or
cannot be preserved, deciduous trees shall be planted to achieve the minimum tree
canopy cover.
§145-10. Applicability
A. The tree canopy coverage requirements of this article apply to:
(1) Subdivision plans; however, the canopy requirement does not apply to a
parcel remainder not included within the subdivision.
(2) Major site plans.
(3) Simplified site plans and building permits for:
(a) Building additions, new buildings, and expanded parking areas or
driveways on the site of a commercial, industrial, institutional or
multifamily use.
(b) Construction of a new, single-family detached dwelling.
B. The requirements of this article shall not apply to simplified site plans or building
permits for:
(1) Changes in use where no site improvements or alterations are needed or
proposed;
(2) Construction of an addition to a single-family detached dwelling or a
structure accessory to a single-family detached dwelling.
§145-11. Required Tree Canopy Coverage
A. A minimum healthy tree canopy cover shall be preserved or established on each
lot subject to these requirements. Tree canopy cover shall be calculated based on
the trees’ expected mature canopy.
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B. Table A lists the mature tree canopy to be credited for a newly planted or
immature tree of the indicated size category. The size category shall be as
indicated in the town Tree Species List.
Table A. Mature Canopy Cover
Size category of tree Expected mature canopy cover
Large 1,600 square feet
Medium 900 square feet
Small 400 square feet
Very small 150 square feet
C. Table B lists the minimum required tree canopy coverage by zoning district.
Table B. Required Tree Canopy
Zoning District Minimum tree canopy coverage
Residential R-1 40 percent for a subdivision; 20 percent per
residential lot
Residential R-2 30 percent for a subdivision; 20 percent per
residential lot
Residential R-3 20 percent for a subdivision or development;
20 percent for a single-family detached
residential lot
Central Business 15 percent
District CBD
General Commercial 15 percent
C-2
Intense Commercial 15 percent
C-3
Light Industrial I 15 percent
Planned Use canopy requirement for the zoning
Redevelopment Area designation assigned by the Town Council
PRA based on approved use. For example, for
PRA (R-3), use the required canopy for R-3.
Planned Unit 40 percent for the development; 20 percent
Development PUD per residential lot
Planned Business 30 percent for the development; 15 percent
Development PBD per lot
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C. Calculation of tree cover
(1) The following areas shall not be included in the site area for purposes of
calculating minimum required canopy coverage: water bodies and public
street rights-of-way owned by a government agency.
(2) All healthy trees on the development site may be included in the tree
canopy coverage for purposes of meeting the minimum requirement,
including but not limited to trees planted or retained to meet landscaping,
buffer yard, and forest conservation, reforestation or afforestation
requirements.
(3) Evergreen trees and tree species identified as very small by the Tree
Species List shall generally not be used to meet canopy requirements.
They may be used if site characteristics render deciduous or larger trees
impracticable.
(4) The canopy of a preserved tree or group of trees may be calculated by
measuring the actual canopy, using recent surveys, aerial photographs,
satellite images or other means, or may be estimated by multiplying the
diameter of the crown at its widest point by the diameter of the crown
perpendicular to the first measurement. The Zoning Administrator shall
not accept an application for review unless the method of canopy
measurement provides an acceptable level of accuracy.
(5) An existing tree determined by the Zoning Administrator to be in poor
condition shall not be credited toward required canopy coverage. The
Zoning Administrator may rely upon the advice of Maryland Department
of Natural Resources staff or a certified arborist retained by the Town of
Centreville.
(6) Trees not on the town Tree Species List shall be assigned to one of the
size categories in Table A based on the tree’s expected size at maturity.
(7) Canopy cover calculations for newly planted trees
(a) Trees planted to meet tree canopy cover requirements shall be
assigned a mature canopy cover area based on Table A in this
chapter.
(b) Multiple, adjacent trees with overlapping canopy areas shall be
credited with one-half the assigned canopy cover area.
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(8) Canopy cover calculations for preserved trees
The canopy of preserved trees shall be calculated as indicated in Table C.
Table C. Canopy Credit for Healthy Preserved Trees
Tree location Canopy cover credit
Trunk entirely on development 1.5 times the current, measured canopy
site and at least 6 inches DBH cover or 1.5 times the canopy cover area
assigned in Table A.
Trunk entirely on development The current, measured canopy cover or
site and smaller than 6 inches the canopy cover area assigned in Table A
DBH for the tree species
Adjacent trees with overlapping 1.5 times the current, measured canopy
crowns, trunks entirely on that they collectively project onto the
development site. development site
Trunk directly on property line The current, measured canopy cover that
falls onto the development site or ½ the
canopy cover area assigned in Table A
Street trees, trunk on adjacent The current, measured canopy cover that
street right-of-way on the same falls onto the development site or ½ the
side of the street as the canopy cover area assigned in Table A
development site
Trunk on adjacent lot or parcel No credit for canopy cover, even if
branches overhang the development site.
§145-12. Guidelines for providing required canopy cover
The Planning and Zoning Commission shall consider the following guidelines when
reviewing site plans and subdivision plans requiring tree canopy:
A. To the extent possible, required canopy shall be provided through protection of
existing trees.
B. Where applicable, trees shall be planted and protected where they will be most
beneficial in the enhancement of water quality and preservation of
environmentally sensitive areas.
§145-13. Maintenance of required canopy
A. Except on individual residential lots, trees planted or preserved to meet minimum
tree canopy coverage requirements shall be maintained and protected through the
life of the development. Trees required for canopy cover shall be protected and
replaced when necessary.
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B. On individual residential lots, the tree canopy requirements shall not apply after
the initial tree planting or protection is completed.
Article III. Tree Planting and Protection during Development
§145-14. Permeable surface area and soil volume
A. For each tree preserved or planted a minimum amount of permeable surface area
and soil volume is required to provide for tree and root health, soil aeration and
percolation of water.
B. Permeable surfaces include soil, mulch and turf. Crushed rock and permeable
paving materials may also be included as permeable surface area only if non-
compacted soil is provided beneath the rock or paving.
C. For preserved trees, the required permeable surface area shall coincide with the
critical root zone. Permeable paving materials may be permitted in up to 30
percent of the critical root zone provided the soil beneath the paving material is
not compacted. At least 70 percent of the critical root zone in the area
immediately surrounding the tree trunk shall consist of soil covered with ground
covers such as mulch, shrubs, ivy and or similar planting materials.
D. The required soil volume shall be soil that has not been compacted through the
development process. Areas that were exposed and compacted during
development shall be excavated and improved with soil capable of promoting
healthy tree growth.
E. For planted trees, the amount of permeable surface and soil volume shall be based
upon the mature tree size category in accordance with Table D.
Table D. Minimum area for tree planting
Size Minimum Minimum area of soil Minimum non-
category permeable area with natural cover compacted soil
of tree surrounding tree volume available
trunk to tree
Large 500 square feet 320 square feet 1500 cubic feet
Medium 300 square feet 180 square feet 900 cubic feet
Small 120 square feet 80 square feet 400 cubic feet
Very small 60 square feet 30 square feet 200 cubic feet
F. For trees planted in clusters, permeable surface area may be counted for more
than one tree upon the recommendation of a certified arborist.
G. The permeable surface area requirements may be waived if a structure is installed
beneath the paved area providing the minimum volume of non-compacted, high
quality soil to allow healthy tree growth, in conjunction with storm water
management techniques that direct sufficient water to the tree roots.
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§145-15. Tree protection during development
A. All trees to be preserved shall be actively protected during the development
process
B. Minimum tree protection measures during construction.
(1) Active tree protection shall consist of, at a minimum, installing fencing at
the outer edges of the critical root zone of the tree or group of trees. The
fencing shall include signs stating that the area is a tree protection area and
indicating the activities prohibited within the fenced area.
(2) Tree protection fencing and signs shall be installed after approval of a site
plan, grading permit, road construction plan, or building permit, and prior
to any clearing, grading or construction activity.
(3) Tree protection fencing shall be at least four feet high and installed with
sturdy fence posts around the tree protection area. The fencing shall
remain in good condition throughout the development and construction
processes, and shall only be removed after final plat approval or a
certificate of occupancy has been issued.
(4) The critical root zone within the tree protection area shall be mulched with
material such as wood chips, tree leaves or compost.
(5) Additional tree protection measures to insure survivability of preserved
trees may be required as a condition of subdivision, site plan or building
permit approval.
C. Prohibited activities
The following activities are prohibited within the tree protection area:
(1) Vehicle traffic or parking
(2) Materials or equipment storage
(3) Soil disturbance or excavation
(4) Removal of topsoil
(5) Trenching
(6) Soil fill
(7) Change in soil pH or drainage
(8) Equipment washouts or disposal (including concrete)
(9) Fires
(10) Chemical or trash disposal
(11) Other activities harmful to the trees as determined by the Town Engineer.
§145-16. Tree planting standards
All trees planted to meet requirements of this chapter shall be:
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A. At least two inches in caliper;
B. Planted according to current arboricultural standards;
C. In good health and condition; and,
D. Provided with adequate space to grow unobstructed to maturity. The space
requirements in Table E shall apply. The Planning and Zoning Commission may
waive or modify the minimum space requirements.
Table E. Minimum Space Requirements
Large trees
Distance to street intersections 35 feet
Distance to traffic signs, light poles 20 feet
Distance to overhead power lines 20 feet
Distance to curb or sidewalk 4 feet
Medium trees
Distance to street intersections 35 feet
Distance to traffic signs, light poles 20 feet
Distance to overhead power lines 20 feet
Distance to curb or sidewalk 4 feet
Small trees
Distance to street intersections 35 feet
Distance to traffic signs, light poles 20 feet
Distance to overhead power lines 0 feet
Distance to curb or sidewalk 2 feet
Very small trees
Distance to street intersections 35 feet
Distance to traffic signs, light poles 20 feet
Distance to overhead power lines 0 feet
Distance to curb or sidewalk 2 feet
§145-17. Other Standards
A. Trees planted or protected as required by this chapter, the Zoning Regulations or
the Subdivision Regulations shall be planted, protected and maintained according
to best management practices and tree care guidelines published by the Tree
Board.
B. As required by the Maryland Annotated Code, §5-415 and 5-423, only licensed
tree experts shall provide tree planting, care or removal services for
compensation.
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Article IV. Street Trees
§145-18. Required Street Tree Planting
A. Site plan or subdivision plan approval shall be contingent upon the developer
providing street trees along all street rights-of-way within and? Bordering the
proposed development.
B. At least one deciduous tree shall be provided per 35 linear feet of roadway along
both sides of the road. For roads internal to the development, the developer shall
provide street trees along both sides of the road. For roads bordering the
development, street trees shall be provided along on the side of the road bordering
the development. Where possible, existing trees shall be preserved in lieu of
planting trees.
C. Medium or large trees as identified in the Tree Species List shall be planted unless
small trees must be planted due to the presence of overhead utility lines.
D. A permeable planting area shall be provided for each tree in accordance with the
standards of Article IV.
§145-19. Requests for Street Trees
A property owner may apply to the town to have a street tree planted along the street
abutting his property. The Town Manager or his designee may approve the request and
use funds from the Tree Fund allocated for this purpose by the Town Council.
§145-20. Care of Street Trees
Property owners shall provide care and maintenance of the street trees on their property
or on the adjacent right-of-way.
§145-21. Trees in public street right-of-way
Planting, care and removal of trees within a public street right-of-way shall be in
accordance with the Maryland Roadside Tree Law, set forth in the Annotated Code of
Maryland §§ 5-401 through 5-406 and administered by the Maryland Department of
Natural Resources.
Article V. Tree Care and Protection
§145-22. Protection
A. No person shall engage in activity on public or adjacent private property that
directly or indirectly has an adverse affect upon the health or condition of a street
tree or a tree on public property.
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B. Tree protection fencing, as described in this chapter, shall be provided by persons
engaging in construction, land clearing, grading or other activity to protect the
critical root zone of an affected street tree or tree on public property.
C. If a person damages, destroys or fails to protect a street tree or tree on public
property, the town may require the person responsible for the damage to pay a
fine equal to the appraised value of the tree, the cost of repairing the damage,
and/or the cost of restoring the site to its original condition or as nearly as
possible to its original condition.
§145-23. Tree removal or trimming required
A. Trees overhanging rights-of-way
(1) The owner of a lot containing a tree overhanging a street or sidewalk, or
the owner of a lot adjacent to a public street right-of-way containing a
street tree, shall maintain the overhanging tree or street tree in the
following manner:
(a) Prune so that the branches shall not obscure or obstruct the view of
a street intersection, traffic sign or traffic signal;
(b) Maintain a clear space of eight feet above the surface of the street
or sidewalk; and
(c) Remove dead, diseased or dangerous trees, or broken or decayed
limbs which pose a hazard to the public safety.
(2) The Town Manager or his designee may notify the owner in writing of the
need for maintenance or removal of such trees. The notice shall order the
work to be performed within a specified number of days after service of
such notice.
B. Removal of hazardous trees
The Town Manager or his designee may order the removal of a dead or diseased
tree on private property when the tree poses a hazard to life, health, safety or
property of the public or harbors insects or disease which constitute a potential
threat to other trees within the town. The Town Manager or his designee shall
notify the owner or owners in writing to remove or trim the tree within a specified
number of days after service of such notice.
C. Expense assessed against property owner
If a lot owner fails to remove or trim a tree within the specified number of days
after service of a notice as provided in sections A and B above, the Town
Manager or his designee may authorize the work to be done and assess the
expense against the property owner. The expense shall be due and payable, shall
bear interest in the same rate, and shall constitute a lien upon the premises in the
same manner as town taxes.
Article VI. Appeals
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§145-24. Appeals
A. A person aggrieved by a decision of the Town Manager or his designee, the
Zoning Administrator or the Planning and Zoning Commission in the
administration or interpretation of this chapter may appeal the decision to the
Board of Appeals.
B. Appeals shall be filed with the Zoning Administrator within 30 days of the
decision. Appeals must be filed in writing in the form required by the Zoning
Administrator, specifying the grounds of the appeal. The Zoning Administrator
shall transmit to the Board all papers constituting the record of the action being
appealed.
C. The Board of Appeals shall hold a public hearing within 30 days from the date of
filing of the notice of appeal. At least 15 days' notice of the time and place of the
hearing shall be published in a paper of general circulation in the town and by
posting the property. At the hearing, any party may appear in person or by agent
or attorney. The Board shall decide the appeal within 60 days from the conclusion
of the of hearing.
D. An appeal stays all proceedings in furtherance of the action appealed from, unless
the Zoning Administrator certifies to the Board of Appeals, after the notice of
appeal is filed with him, that by reason of facts stated in the certificate, a stay
would, in his opinion, cause imminent peril to life and property. In such case,
proceedings shall not be stayed other than by a restraining order which may be
granted by the Board of Appeals or by the Circuit Court on application.
Article VII. Enforcement
§145-25. Enforcement
Violations of this chapter or failure to comply with any of its requirements shall
constitute a municipal infraction. A person who violates this chapter or fails to comply
with any of its requirements shall be subject to the penalties specified in Section 304 of
the Charter. Each day such violation continues shall be considered a separate offense.
Article VIII. Definitions
§145-26. Definitions
The following definitions shall apply for purposes of this Chapter:
Caliper – the diameter of the trunk of a tree (new nursery stock) measured six inches
above the ground line for trees of four-inch caliper or smaller. Trees with a caliper in
excess of four inches are measured using DBH.
Certified arborist – A person who is a Licensed Tree Expert under Maryland regulations,
is certified as an arborist by the International Society of Arboriculture and maintains that
certification in good standing.
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Critical root zone – The area of soil and roots beneath a tree’s canopy, within the drip
line, or within a circular area of soil and roots with a radius out from the tree trunk a
distance of one foot for every one inch of DBH, whichever is greater.
Crown – The upper portion of the tree that includes the scaffold limbs, branches and
leaves.
DBH – Diameter at breast height. The diameter of a tree trunk measured in inches at a
height of 4 ½ feet above the ground line for individual trunks, and the narrowest point
below the fork for trees that split into more than one trunk below 4 ½ feet..
Deciduous tree – A tree that loses its leaves annually in the fall or winter and produces
new leaves in the spring.
Development - - Any activity that:
A. Is shown on a subdivision plat, revised plat, site plan, building/zoning permit or
Forest Preservation Plan; and/or
B. Results in the construction or substantial alteration of any residential, commercial,
industrial, institutional, recreational (including golf courses), or transportation
facilities or structures. The Planning Officer shall determine whether a proposed
alteration is substantial.
Drip line – A vertical line extending downward from the outermost tips of a tree’s
braches, creating a circular projection on the ground; the outline of a tree’s canopy as it is
projected on the ground.
Large tree – A tree expected to grow to a minimum height of 40 feet at maturity under
urban conditions.
Licensed tree expert – A person who holds a current tree expert license from the
Maryland Department of Natural Resources.
Medium tree – A tree expected to grow to a maximum height of 25 to 40 feet at maturity
under urban conditions.
Pervious surface – A surface through which water penetrates.
Root zone – The area beneath the soil containing the majority of the roots of an
individual tree or group of trees. Tree roots typically grow out from the tree two to three
times the width of the crown and are concentrated in the top 24 inches of soil.
Small tree – A tree expected to grow to a maximum height of 25 feet at maturity under
urban conditions.
Street trees - Trees planted within a public street right-of-way or within 8 feet of the
street’s curb or edge of paving.
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Surety - A letter of credit, cash escrow, bond or similar device provided by an applicant
to secure the applicant’s commitment to install a required improvement or perform a
required action related to approval of a development application; also known as a
"guaranty."
Town – The Town of Centreville.
Tree canopy cover – The layer of leaves, branches and stems of trees that cover the
ground as viewed from above. The area within a tree’s drip line, measured in square feet
of projection of the canopy onto the ground.
Tree fund – An account established by the town for the purpose of collecting and
expending funds for tree care and planting, as provided for in this chapter.
Tree protection zone – The area around a tree and within the critical root zone extending
at least two feet below ground and encompassing the entire above ground portion of the
tree.
Very small trees – A tree expected to grow to a maximum height of fifteen feet at
maturity under urban conditions.
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