The purpose of this chapter is to protect, preserve and promote
the urban forest of Hyattsville, which is part of a larger ecosystem
which contributes significantly to air, noise and visual pollution
control, moderates climate extremes, promotes sound energy conservation,
and has significant aesthetic value affecting property values and
the community's quality of life; and to establish a Shade Tree
Board and Office of Municipal Arborist to regulate the planting, maintenance
and removal of trees in public places and certain trees located on
private property.
The following trees are considered to be part of the City's
urban forest and are subject to the provisions of this chapter:
A. Public trees which are those trees in the public rights-of-way or
on property owned by the City or any governmental agency, including
all trees in the public domain in Hyattsville.
B. Trees worthy of preservation which are:
(1) Trees on private property with trunks that measure at least 50 inches
in circumference at 4 1/2 feet above ground level, if located
less than 50 feet from a public street or sidewalk.
(2) Trees on private property with trunks that measure at least 75 inches
in circumference at 4 1/2 feet above ground level, if located
more than 50 feet from a public street or sidewalk.
C. If a tree divides into branches at less than 4 1/2 feet, the
trunk shall be measured immediately beneath the dividing point.
D. This chapter shall also apply to trees, regardless of size or location
that were planted:
(1) Pursuant to a reforestation requirement contained in a decision granting
a permit by any government or governmental unit,
(2) With government funding, or
(3) Pursuant to government programs.
E. Removal of a tree shall include not only actual removal of a tree
but also effective removal through a damaging or other intentional
action or omission resulting in the death of a tree within one year
of the action or omission.
[Amended 10-15-2007 by
HO-2007-11]
A. No person shall remove or destroy or cause the removal or destruction of a public tree or a tree worthy of preservation, as defined in §
112-2 of this chapter or undertake construction or other action that significantly and permanently detracts from the health or growth of a public tree or a tree worthy of preservation without first having obtained a permit from the City of Hyattsville which shall only be issued upon the presentation of an application. However, upon a determination by the City that a tree protected by this Ordinance should be removed, pursuant to the tree being diseased, dead, dying or a hazard as outlined in § 112-4.1(A), the person/entity responsible for the tree or its removal shall be exempt from obtaining a permit to remove the tree, but shall not be exempt from any of the removal and replacement requirements in Section
112-4.2 of this chapter.
B. The Shade Tree Board shall develop an application consistent with
this chapter for a tree removal permit.
C. The Shade Tree Board shall have the discretion to solicit public
opinion upon the application for a permit.
D. Ordinarily the Director of Public Works or his/her designee shall
be the municipal arborist unless the City Administrator determines
otherwise. The City Administrator or the municipal arborist shall
receive all permit applications and shall immediately notify the tree
board which shall issue a recommendation regarding the application
within the time frame stated in the notice or no later than 45 days.
E. After the time for the Tree Board response has expired, the municipal
arborist or his/her designee, shall issue or deny a permit and may
add reasonable conditions to the issuance or denial of such permit.
This permit decision shall be in writing notifying the applicant of
the right of appeal and be immediately mailed or delivered to the
applicant.
F. The property owner shall prominently display each tree permit, where
it can be easily seen from the street as soon as possible after it
is obtained and until seven days after tree work has been completed.
G. Upon any evidence of a violation, the municipal arborist or other
agent designated by the City shall notify the Shade Tree Board. The
City and the Shade Tree Board shall investigate and if warranted the
City will issue a citation of municipal infraction.
[Amended 10-15-2007 by
HO-2007-11]
A. The City shall ordinarily issue a permit if one of the following
conditions applies:
(1)
The tree is diseased beyond restoration, insect infested beyond
restoration, or injured beyond restoration;
(2)
The tree is dead or dying;
(3)
The tree constitutes a hazard to the safety of persons or property
that cannot be addressed by using current tree care ANSI Z Standards
(American National Standard Institute).
B. The City shall also consider the following factors before making
a decision on a permit:
(1)
The overall health of the tree.
(2)
The potential hazards associated with the tree.
(3)
The desirability of preserving the tree by reason of its age,
size or outstanding quality, such as uniqueness, rarity or status
as a landmark or species variety.
(4)
The degree of hardship suffered by the landowner.
(5)
The extent to which the area would be subject to environmental
degradation due to removal of the tree or trees.
(6)
The extent of the tree canopy in the immediate area.
(7)
The applicable county, zoning and state law.
C. The City is authorized to consult with experts concerning any of
the above conditions. Any expert who is not a City Employee and who
is consulted about a tree may not bid, perform other services and/or
profit directly or indirectly as to any work on the tree in question.
The official street tree species for Hyattsville are those tree
species listed in the current edition of Street Tree Factsheets, published
by the Maryland Department of Natural Resources. Species not contained
on this list may only be planted with the written approval of the
Maryland Department of Natural Resources.
No permit shall be required when performing professionally accepted
tree maintenance as outlined in the ANSI Z Standards (American National
Standard Institute), except in the case of tree removal.
The Appeals Panel shall consider the following factors in deciding
whether to approve, disapprove or modify the decision of the municipal
arborist:
A. Those specified in §
112-4.1 above if relevant to the appeal;
B. The reasons cited by the applicant for wanting to remove or destroy
the tree;
C. The reasons, if any, cited by residents who are either in favor of
or in opposition to the issuance of the permit;
D. Whether tree clearing is necessary to achieve proposed development,
construction or land use otherwise permitted under the City Code,
and the extent to which there is no reasonable alternative;
E. Whether the applicant proposes reforestation;
F. Hardship to the applicant if a permit for the requested action is
denied;
G. The desirability of preserving a tree by reason of its age, size
or outstanding qualities, including uniqueness, rarity or species
specimen;
H. Such other relevant matters as will promote fairness and justice
in deciding the particular case.