[HISTORY: Adopted by the Mayor and Town Council
of the Town of Oakland 1-7-2002 by Ord. No. O2001-03. Amendments noted where applicable.]
The following terms shall have the meanings
as indicated below:
Trees, shrubs, bushes and all other woody vegetation in public
areas owned by the Town or to which the public has free access as
a park.
Refers to any individual, agency, organization, or business
Trees, shrubs, bushes and all other woody vegetation on land
lying between property lines on either side of all streets, avenues
or ways within the Town.
The Town of Oakland shall establish a committee.
A.Â
Creation; membership. There is hereby created and
established a Town Tree Committee for the Town of Oakland, Maryland,
which shall consist of seven members, two employees of the Town of
Oakland, and five citizens of the Town of Oakland, who shall be appointed
by the Mayor and approved by the Council.
B.Â
Term of office; vacancy; Chairman. The terms of office
for three individuals to be appointed by the Mayor shall be three
years, except that the terms of two of the members appointed to the
first Committee shall be for only one year, and the term of one member
of the first Committee shall be for two years. In the event that a
vacancy shall occur during the term of any member, his successor shall
be appointed for the unexpired portion of the term. The Mayor shall
name the Chairman of the Committee.
C.Â
Compensation. Members of the Committee shall serve
without compensation.
D.Â
Powers and duties; annual submission of Town Tree
Plan. It shall be the responsibility of the Committee to study, investigate,
counsel and develop and/or update annually and administer a written
plan for the care, preservation, pruning, planting, replanting, removal
or disposition of trees and shrubs in parks, along streets and in
other public areas. Such plan will be presented annually to the Mayor
and Town Council by January 1 of each year and, upon their acceptance
and approval, shall constitute the official Comprehensive Town Tree
Plan for the Town of Oakland, Maryland. The Committee, when requested
by the Mayor and Town Council, shall consider, investigate, make findings,
report, and recommend upon any special matter of question coming within
the scope of its work.
E.Â
Rules of procedure. The Committee shall make its own
rules and regulations and keep a journal of its proceedings. A majority
of the members shall be a quorum for the transaction of business.
The spacing of street trees will be in accordance
with the species' size classes, and except in special plantings designed
or approved by a local DNR expert, the plantings shall be done in
accordance with this chapter and any other Town ordinances.
A.Â
The Town shall have the right to plant, prune, maintain
and remove trees, plants and shrubs within the lines of all streets,
alleys, avenues, lanes, squares, etc., to ensure public safety or
to preserve or enhance the symmetry and beauty of such public grounds.
The Town shall flag the location of the proposed plantings for at
least 30 days prior to the plantings, so as to provide the time for
public comment or objection. Property owners not wishing to have the
plantings at the flagged locations must pull the flags and must notify
the Town as such.[1]
B.Â
The Town Tree Committee may remove or cause or order
to be removed any tree or part thereof which is in an unsafe condition
or which by reason of its nature is injurious to sewers, electric
power lines, gas lines, water lines or other public improvements or
is infected with any injurious fungus, insect or other pest. This
section does not prohibit the planting of street trees by adjacent
property owners if prior approval has been obtained from the Town
Tree Committee, and if it is done according to all state and local
laws.
A.Â
Every owner of any tree overhanging any street or
right-of-way within the Town shall prune the branches so that such
branches shall not obstruct the light from any street lamp or obstruct
the view of any street intersection and so that there shall be a clear
space of eight feet above the surface of the street or sidewalk. Said
owners shall remove all dead, diseased or dangerous trees or broken
or decayed limbs which constitute a menace to the safety of the public.
B.Â
The Town shall have the right to prune any tree or
shrub on private property, following a notice of intent to the property
owner in writing, when such tree or shrub interferes with the proper
spread of light along the street from a streetlight or interferes
with the visibility of any traffic control device or sign. This work
shall be done by the Town with a certified tree expert supervising,
or by an independent contractor. Such pruning shall be the minimum
required to correct the problem.
C.Â
Nothing contained in this section shall be deemed
to impose any liability upon the Town of Oakland, its officers or
employees, nor to relieve the owner of any private property from the
duty to keep any tree, shrub, or plant upon any street tree area on
his property or under his control in such condition as to prevent
it from constituting a hazard or an impediment to travel or vision
upon any street, park, alley or public street or public way.
A.Â
The Town shall have the right to cause the removal
of any dead or diseased trees, as determined by a certified tree expert,
on private property within the Town when such trees constitute a hazard
to any life and property or harbor insects or disease which constitutes
a potential threat to other trees within the Town. The Town Tree Committee
will notify in writing the owner of such trees. Removal shall be done
by said owners at their own expense within 60 days after the date
of service of notice.
B.Â
In the event of the failure of owners to comply with
such provisions, the Town shall have the authority to remove such
trees and charge the cost of removal on the owner's property tax bill.
All stumps of street and park trees shall be
removed below the surface of the ground so that the top of the stump
shall not project above the surface of the ground.
It shall be unlawful for any person to prevent,
delay or interfere with the Town Tree Committee or any of its agents
while engaging in and about the planting, cultivating, mulching, pruning,
spraying or removing, as authorized by this chapter, of any street
trees, park trees or trees on private grounds.
A.Â
The Mayor and Town Council shall have the right to
review the conduct, acts and decisions of the Town Tree Committee.
B.Â
Any person may appeal any ruling or order of the Town
Tree Committee to the Mayor and Town Council, who shall hear the matter
and make a final decision. The appeal must be in writing and must
be received at Oakland City Hall within 30 days of notification of
such ruling or order.
Any person violating any of the provisions of this chapter shall be deemed guilty of a municipal infraction subject to the maximum fine established pursuant to Chapter 40, Municipal Infractions, unless otherwise governed by state law, in which case the maximum penalty shall apply.
