[HISTORY: Adopted by the Mayor and Council of the Town of
Smithsburg as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-5-2012 (§ 15-1103 of the 2004 Code)]
For purposes of this article, the following terms shall have
the meanings indicated:
Any tree adjacent to a sidewalk or street or alley within
the Town of Smithsburg.
The following rules shall relate to the planting of street trees:
A.
A permit must be obtained at Town Hall to plant a street tree.
B.
Only trees on the approved list for the Department of Natural Resources
for the State of Maryland may be planted as street trees.
C.
Trees, shrubs and bushes are not permitted to be planted at any time
between sidewalks and streets that have no curbs.
The following rules shall apply to the maintenance of street
trees:
A.
All street trees shall be kept pruned or trimmed so as not to obstruct
or interfere with streetlights, traffic signs, the free passage of
pedestrians or vehicles or otherwise pose a threat to public safety.
The responsibility for such pruning or trimming shall be that of the
property owner whose property is adjacent to the street tree.
B.
The statutes, rules and regulations of the Department of Natural
Resources of the State of Maryland shall apply to such cutting or
trimming of street trees in the Town of Smithsburg.
All removal of street trees shall be subject to the following
provisions:
A.
Any street trees that are determined to be hazardous by the Town
of Smithsburg shall be removed.
B.
Removal of street trees shall be in accordance with the statutes,
rules and regulations of the Department of Natural Resources of the
State of Maryland.
C.
If a street tree is removed, the Town of Smithsburg may require the
resident to replace the tree with one from the approved list of the
Department of Natural Resources.
In all new developments in the Town, no trees shall be allowed
to be planted next to sidewalks to prevent damage to the sidewalk
from the tree root. The Planning Commission shall advise all developers
of all of the provisions of this section.
A violation of any provision of this article may be addressed
by the Town as follows:
A.
In the case of imminent danger to public safety, the Town of Smithsburg
may notify the adjacent owner of a violation of this article, and,
if the same is not remedied within 10 days, the Town may undertake
such maintenance or removal and charge the costs of the same to the
adjacent owner and, if not paid within 30 days, may place the costs
of the same as a lien on the property.
B.
Other violations.
(1)
The
Town of Smithsburg may provide notice to the adjacent property owner
of all other violations of this article. If, after 30 days' notice
to the property owner, the violation is not resolved, the Town may
treat the violation as a municipal infraction pursuant to Title 6,
§ 6-101 et seq., of the Local Government Article of the
Annotated Code of Maryland and issue the appropriate citation. If
the owner is found in violation of the same, he shall be punishable
by a fine not exceeding $500, plus costs of abatement if ordered by
the court; or[1]
(2)
In
the alternative, the Town of Smithsburg may provide notice to the
adjacent property owner to undertake maintenance or removal of a tree
that is in violation of this article, and, if the property owner fails
to do so within 30 days, the Town of Smithsburg may undertake the
work and assess the cost of the same against the adjacent property
owner. If the adjacent property owner fails to pay such cost within
30 days of receiving a bill or notification, the Town of Smithsburg
may place a lien on the property for any unpaid cost pursuant to Maryland
law.
