§ 14.12.095. Tree conservation area—Tree removal.

A.

"Tree conservation areas" are established to be the same areas as the legally defined front, side or rear yard setbacks of any residential or commercial property as described in the zoning regulations of the City of Annapolis, which are adjacent to a public right-of-way.

B.

Within a tree conservation area, no tree greater than five inches in diameter as measured at four and one-half feet above the ground shall be removed except as provided for in this section. Within a tree conservation area, the property owner may remove trees that are less than five inches in diameter as measured at four and one-half feet above the ground.

C.

A permit issued by the Director of Planning and Zoning or his or her designee is required for the removal of any tree greater than five inches in diameter, as measured at four and one-half feet above the ground, located within the tree conservation area. The tree removal permit application fee and permit fee shall be set by resolution of the City Council. Conditions under which such a permit may be issued include but shall not be limited to the following:

1.

The tree is dead, dying or diseased, such that fifty percent or more of the crown area is visibly dead;

2.

The tree is damaged or injured to the extent that it is likely to die or become diseased;

3.

The removal of the tree will serve the purposes of this chapter or will enhance the health of the remaining trees in the conservation area;

4.

The removal of the tree will avoid or alleviate, mitigate, or reduce a substantial hardship or damage to the property or any structure located thereon; or

5.

The removal of the tree is consistent with good forestry practices.

D.

A permit shall not be required for public utilities to remove trees situated in proximity to overhead or underground facilities or in case of any emergency in which failure to remove a tree is likely to cause imminent damage to public or private property, as used herein, the term "public utilities" means any "public service company" as defined in the Public Utilities Article, Section 1-101, of the Annotated Code of Maryland, or its successor statutes; or in case of any emergency in which failure to remove a tree is likely to cause imminent damage to public or private property.

E.

In issuing a permit, the Director of Planning and Zoning or his or her designee may, in its discretion, require that replacement tree(s) be planted. The size, location and variety of any replacement tree may be required by the Director of Planning and Zoning or his or her designee, solely at his or her discretion, to reestablish the visual character and environmental benefits afforded by the trees which were removed. Replacement as follows shall be deemed conclusively to be a reasonable exercise of such discretion:

Removed tree	Replacement Tree(s)
5—10″ Diameter breast height (dbh)	1 tree
10.1—20″ Diameter breast height (dbh)	2 trees
Greater than 20″	3 trees

 

If the tree conservation area is insufficient in size to accommodate more than one replacement tree or if it is undesirable to plant appropriate replacement trees (as determined by the Department of Planning and Zoning, in its sole discretion), then the issuance of the permit shall be conditioned upon the approval by the Director of Planning and Zoning of a planting plan, developed by the owner, to plant replacement trees in another location approved by the Department of Planning and Zoning.

F.

The tree conservation area shall be the first priority for replacement of removed trees as required under the preceding subsection. Alternate planting sites, in order of preference, are:

1.

An area on the property adjacent to any public right-of-way other than the tree conservation area;

2.

An area within any adjacent public right-of-way;

3.

Any other public property;

4.

Any property with a conservation designation (e.g.: property reserved as part of the subdivision process; property within the critical area; etc.);

5.

Any other appropriate area.

If no alternative planting site can be located, a fee equivalent to the in-ground cost of planting replacement trees shall be paid by the permit applicant to the City, which shall plant an equivalent number of trees in an appropriate location within one year.

G.

A property owner shall replace any tree removed without a permit according to the replacement standard in Subsections (E) and (F) of this section. The site, location and variety of such replacement trees shall be reviewed and approved by the Director of Planning and Zoning or his or her designee in accordance with the standards set forth herein.

H.

Violation of this section shall be a municipal infraction punishable by a fine as established by resolution of the City Council for each tree greater than five inches in diameter at 4.5 feet above the ground removed from the tree conservation area without a permit. In addition, the Director of Planning and Zoning or his or her designee may revoke any permit issued under this section and/or issue an order stopping further tree removal whenever the director or designee determines that such action is necessary to accomplish the purpose of this section. Enforcement of this section shall be the responsibility of the Department of Planning and Zoning. All fines must be paid in full before any work can continue.

I.

Where this section and any other Federal, State or local law regarding tree removal and/or replacement apply to a given circumstance, the more restrictive law shall control.

(Ord. O-5-04 § 1 (part), 2004; Ord. O-26-03 § 1 (part): Ord. O-36-01 § 1 (part): Ord. O-47-96 § 1 (part))

(Ord. No. O-12-13, § I, 6-10-2013; Ord. No. O-12-16 Amended, § I, 5-23-2016)