Mayor & City Council

WEDNESDAY, MAY 4, 2022 CITY OF COLLEGE PARK WORKSESSION AGENDA 7:30 P.M. Due to the COVID-19 Pandemic, this will be a hybrid meeting: In Person -- 2nd Floor Council Chambers, City Hall, 7401 Baltimore Avenue Or Via Zoom -- Link to join Webinar https://zoom.us/j/92398574069 COLLEGE PARK MISSION We provide excellent services, transparent and inclusive governance, and advocate for our residents to enhance the quality of life for our diverse community. Time Item Staff/Council 7:30 Call To Order City Manager’s Report Amendments To And Approval Of The Agenda Discussion of the Student Liaison Stipend and of adding a Janeen S. Miller, 7:35 1 Graduate Student Liaison position (20) City Clerk Robert Marsili, Director Discussion of possible amendments to 21-O-09, the Tree of Public Works, and 7:55 2 Canopy Protection Ordinance (30) Brenda Alexander, Assistant Director, DPW 8:25 3 Adjourn ➢ This agenda is subject to change. For the most current information, please contact the City Clerk at 240-487-3501. ➢ Public Comment is taken during Regular Business meetings on the second and fourth Tuesdays of the month in one of the following ways. All speakers are requested to complete a card with their name and address for the record. o To comment about a topic not on the meeting agenda: Speakers are given three minutes to address the Council during “Public Comment on Non-Agenda Items” at the beginning of each Regular Meeting. o To comment on an agenda item during a Regular Business meeting: When an agenda item comes up for consideration by the Council, the Mayor will invite public comment prior to Council deliberation. Speakers are given three minutes to address the Council on that agenda item. ➢ You may park for free in the Downtown Parking Garage located at 7306 Yale Avenue to attend this meeting. ➢ In accordance with the Americans with Disabilities Act, if you need special assistance, please contact the City Clerk’s Office at 240-487-3501 and describe the assistance that is necessary. 001 1 1. Discussion of the Student Liaison Stipend and of adding a Graduate Student Liaison position 002  CITY OF COLLEGE PARK, MARYLAND WORKSESSION AGENDA ITEM Prepared By: Janeen S Miller, Meeting Date: 05/04/22 City Clerk Presented By: Councilmember Adams Proposed Consent: No Originating Department: Mayor and Council Issue Before Council: Student Liaison Review: Graduate Student Representation & Stipends. Strategic Plan Objective: Objective 6: Inspire and nurture a welcoming and inclusive community that encourages and embodies engagement, collaboration, and equity throughout our City. Background/Justification: Councilmember Adams has requested a Worksession discussion to “review current positions for Student Liaisons to the City of College Park M&C. This review should evaluate the following: addition of a Graduate Student Liaison and equity in stipends for any Student Liaison position.” The request form is attached. Attached is the most recent Council resolution that establishes the Student Liaison and Deputy Student Liaison positions. The annual stipend, paid at the end of the academic year, is set during the budget process, not in the Council resolution. The current stipends are approved in the FY ’22 budget as $1,650 for the Student Liaison, and $825 for the Deputy Student Liaison. Fiscal Impact: To be determined. Council Options: N/A, this is a Council discussion. Staff Recommendation: N/A, this is a Council discussion. Recommended Motion: N/A, this is a Council discussion. Attachments: 1. Councilmember Adams request form 2. Resolution 18-R-13 establishing the Student Liaison and Deputy Student Liaison positions 003 Janeen S Miller From: noreply@civicplus.com Sent: Saturday, March 26, 2022 9:49 AM To: cityclerkoffice; mcall Subject: Online Form Submittal: Mayor & Council Request to Add an Item to a Future Agenda Mayor & Council Request to Add an Item to a Future Agenda Mayor and Council Request to Add an Item to a Future Agenda The Mayor and Council’s Rules and Procedures, adopted February 25, 2020, require the completion of this form prior to Council discussion and vote on whether an item should be added by Council to the Future Agenda list. Submit the completed form to the City Clerk for inclusion in the packet prior to the Worksession discussion of “Request For/Status of Future Agenda items.” Please see the summary of Council rules on page 2 pertaining to adding items to the Master list. Agenda Item Title: Student Liaison Review: Graduate Student Representation & Stipends Date of Request 3/26/2022 10:00 AM (Section Break) The Five Criteria that must be considered, per Council Rules. 1. Does it fit with the City Yes Mission and Strategic Plan? If yes, Strategic Plan Goal: OBJECTIVE 6 Inspire and nurture a welcoming and inclusive community that encourages and embodies engagement, collaboration, and equity throughout our City. 2. Are there time Minimal considerations? If so, please explain 3. Does it affect a significant Yes number of residents? 4. Is there another way to No handle it before devoting Mayor and Council discussion time / Staff time? 5. Is it strategic/big picture Yes in nature? 1 004  (Section Break) Discussed with the City Yes Manager? Council Member Adams Requesting: Councilmembers Consulted: Mitchell, Kennedy Specific Actions Requested Review allowances for a Graduate Student Liaison including an of Council and of Staff: equitable stipend. Evaluate current stipends for Student Liaison. Summary of Issue that Review current positions for Student Liaisons to the City of Council is Asked to Address: College Park M&C. This review should evaluate the following: addition of a Graduate Student Liaison and equity in stipends for any Student Liaison positions. Other Sources of Field not completed. Information/Resources to help Staff prepare Agenda Form: Estimated Cost: 1500 to 5000 Budgeted in Current Fiscal NA Year? Estimated Staff Time Limited Required to Develop and Implement: If a Letter is Requested, NA please provide the main points of the letter: Email not displaying correctly? View it in your browser. 2 005  RESOLUTION 18-R-13 RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF COLLEGE PARK TO AMEND 11-R-04 IN ITS ENTIRETY TO PROVIDE A NEW APPOINTMENT PROCESS, PROVIDE A JOB DESCRIPTION, AND DESCRIBE THE SKILLS, FOR THE DEPUTY STUDENT-LIAISON POSITION. WHEREAS, the Mayor and City Council adopted Resolution 02-R-3 in 2002, which established the Student Liaison and Student-Liaison Alternate positions to maintain good communications with the Student Government Association and the students of the University of Maryland College Park and to identify issues of common concern to students and the City; and WHEREAS, the Student-Liaison and Student-Liaison Alternate positions evolved since their creation in 2002, and the Council adopted amendments to Resolution 02-R-3 in Resolution I 0-R-33 to reflect these developments ; and WHEREAS, the Mayor and Council have detennined that an additional amendment is necessary to provide a new appointment process, job description and desired skills for the Deputy Student-Liaison position. NOW, THEREFORE, BE IT RESOLVED that: 1. The Mayor and Council formally recognize the position of a non-voting Student-Liaison and Deputy Student-Liaison to the College Park City Council. 2. The Student-Liaison shall attend every City Council open meeting, including work sessions, and is invited to sit at the work session table. The Deputy Student-Liaison will attend City Council open meetings and work sessions as often as possible. The Deputy Student- Liaison shall attend meetings in place of the Student-Liaison in the event of illness, unforeseen absences, inability to serve or removal from office. The Student-Liaison and Deputy Student- 006  18-R-13 Liaison are authorized to attend Council meetings that are held in executive session pursuant to §6-3 of the City Charter, with the exception that they are not authorized to attend executive sessions held to discuss personnel matters or other matters from which the Council determines they should be excluded. Prior to attending any executive session, the Student-Liaison and Deputy Student-Liaison must sign a confidentiality agreement provided by the City. 3. The Mayor and Council shall set aside time at each work session for the Student-Liaison to report on student-City relations, as appropriate. The Student-Liaison shall provide insight to the Council at regular meetings on issues relating to student-City relations or any other agenda item, speaking during the time allowed for public comment. The matters upon which the Student-Liaison comments at any particular meeting shall be at the discretion of the Student-Liaison. The Deputy Student-Liaison will work closely with the Student Liaison to maintain a positive, productive working relationship between the Student Government Association and the College Park City Mayor and Council. The Deputy Student-Liaison will assist the Student-Liaison with his/her participation in Council meetings and other City related duties and provide research with respect to student-City issues when requested. 4. The Student-Liaison shall provide information to students on City issues that would affect them or are of interest to them. 5. The Student-Liaison and Deputy Student-Liaison shall serve for a term of one year, beginning on June 1 of a given year and ending on May 31 of the following year. 6. A Selection Committee, consisting of the Student Government Association ' s Speaker and President, two members of the College Park City Council as appointed by the Mayor, and the Mayor or his/her designee who is a City resident, will each year recommend to the Student Government Association a candidate for the Student-Liaison Position. The 2 007  18-R-13 Selection Committee shall conduct the selection process on a timeline that allows the Student Government Association an opportunity to consider the Committee ' s recommendation during the third and final weeks of April. This position must be appointed by the Student Government Association by a 2/3 vote. The Student Government Association representatives of the Selection Committee shall be responsible for advertising for the position, creating an application, and facilitating resume and cover letter collection. 7. The Selection Committee shall recommend a candidate for the Student-Liaison based on the following criteria: a. A registered undergraduate student at the University of Maryland, College Park, who resides within the City limits; b. A student with leadership and communication skills, a desire to serve, and applicable experience; c. A student whose schedule shall allow them to attend Council meetings throughout the year; and d. A student dedicated to servmg m the best interests of the relationship between the City and the students who live in the City. 8. The Mayor and the Student-Liaison shall appoint the Deputy Student-Liaison subject to confirmation by the Council. It is preferred that the Deputy Student-Liaison be a resident of the City. An application with a job description of the Deputy Student-Liaison consistent with this Resolution together with a request for the applicant's resume and cover letter will be distributed after the Student-Liaison is appointed and confirmed. The skills required of the Deputy Student-Liaison include organization, research, especially pertaining to local/municipal government, good communication and professionalism. Deputy Student- 3 008  18-R-13 Liaison Applications will be due two weeks after initial distribution. The candidate appointed by the Mayor and Student-Liaison will appear at a regular Council meeting for a vote approve or not approve the appointment. 9. The Student-Liaison shall notify the Mayor if he/she will not be able to attend a City Council meeting and arrange for the Deputy Student-Liaison to attend in his/her place. 10. The Selection Committee, by majority vote, shall be allowed to recommend the removal of the Student-Liaison to the Student Government Association for any of the following reasons: a. Three unexcused absences from City Council meetings; b. Failure to act competently as a liaison between the City and students; c. Inappropriate behavior at Council meetings; or d. Inappropriate behavior outside of Council meetings that is detrimental to the interests of the students and the City. 11. Upon a removal recommendation from the Selection Committee, the Student- Liaison may be removed from his/her position by a 2/3 vote of the Student Government Association Legislature. 12. Whether a stipend will be paid to the Student-Liaison and Deputy Student- Liaison, and in what amount, will be determined by the Council during its budget process. 13. This Resolution amends and replaces Resolution 11-R-04 in its entirety. ADOPTED by the Mayor and City Council of the City of College Park, Maryland at a regular meeting on the _J_'jj_ day of October, 2018. 4 009  18-R-13 EFFECTIVE the Cf /fJ. day of October, 2018. WITNESS: THE CITY OF COLLEGE PARK, MARYLAND ~-U--<:&h S · ..-1-1tl ~ Janeen S. Miller, CMC, City Clerk, PatfiCkL. Wojahn, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 5 010 2. Discussion of possible amendments to 21-O-09, the Tree Canopy Protection Ordinance 011  CITY OF COLLEGE PARK, MARYLAND WORKSESSION AGENDA ITEM Prepared By: Brenda Alexander, Meeting Date: 05/04/2022 Assistant Director DPW Presented By: Brenda Alexander Proposed Consent: No Assistant Director DPW Originating Department: Department of Public Works Issue Before Council: Tree Protection Ordinance 21-O-09 Strategic Plan Objective: Objective #3: Preserve and enrich our environment and natural beauty to attract people and sustain our City’s future. Background/Justification: At the City Council Worksession on April 19, 2022 the Council reviewed Tree Protection Ordinance 21-O-09 and discussed options to move forward to approve the Ordinance. The Mayor and Council indicated they were leaning towards approval of an Ordinance but continued to have reservations with Ordinance 21-O-09 as drafted. The Council indicated they would work together to provide suggestions to incorporate into draft Ordinance 21-O-09 that would be more acceptable to most of the Council, which would result in a Council vote. Suggestions to Ordinance 21-O-09 were submitted by Councilmember Adams on behalf of Councilmembers and are identified below. Staff and Tree & Landscape Board responses to the submitted suggestions are identified in red to specifically address the suggestions submitted to revise Ordinance 21-O-09. Simple Permit (36 - 100” in circumference) A "simple" permit shall be required for trees from 36" to 100" on private property; however, the application would not require any criteria to be met to remove the tree - removal will be at the discretion of the property owner (or designee). The "simple" permit shall include educational information on the importance of canopy trees and have an opt-out for a visit from the city arborist (or designee). This will allow the continued removal of healthy canopy trees that are significantly contributing to the city’s overall tree canopy and miss a potential opportunity for a face-to-face site-specific educational interaction with the applicant. Printed educational information on the importance of canopy trees on the permit application has the potential to be ignored. A "Simple" permit is essentially like a visitor parking pass - it's valid for up to 1 year, no fee, available online & in a paper form, and must be signed by the property owner (or designee). • No permit shall be required for pruning. An application for a pruning permit was included as a mechanism to prevent tree topping or over-pruning that might lead to the death of a tree. This type of outdated tree work, which still occurs, could lead to the removal of a once healthy tree due to this type of work. • Applicants can opt-out of a visit from an arborist prior to tree removal. An opt-out choice would significantly limit the collection of important data related to the tree size, species, condition, or other relevant information. • A later visit from the city arborist (or designee) to confirm compliance with tree replacement(s) is required regardless of opt-outs. There would be no way to know how many replacement tree(s) should be planted, especially if the tree stump has been ground. Full Permit (100+” circumference) 012 A "Full" permit in accordance with the TLB recommendations shall be required for Heritage Trees (100"+). This includes limited allowances for removal, a visit from the city arborist or designee, and other requirements as the TLB recommended ordinance states. Delay in implementation of Fines/Fees Fines/fees in lieu will be enacted based on the following conditions: • Waived for six months following enactment of Ordinance If there are no fines associated with the Ordinance, there will be no incentive to follow the guidelines. An ordinance with “no teeth” will not provide any deterrent. Without any penalties, a rapid removal of trees measuring 100+” in circumference may result. Tree replacement fees were included as an option to tree replacement planting as a result of comments voiced that there may be limited space for replacement trees to be planted on the site after a tree removal. If fees in lieu are waived, this will reduce the number of persons willing to replace a tree. Prior to implementation of the fines/fees in lieu, a notice (e.g., warning) will be provided to property owners. If there is concern related to fines, a warning period could be considered for a short period after the approval of the Ordinance to get the word out about the new requirements. Fiscal Impact: A $20,000 funding request for tree planting on private and/or the creation of a tree maintenance fund for care of private property trees has been included in the DPW FY23 budget. The funding request is planned to be split equally between the 2 new initiatives. A $55,000 funding request for an Urban Tree Master Plan and a second Tree Canopy Assessment was included in the DPW FY23 budget. Request funding for a new City Arborist FTE, pay grade 114. Council Options: 1. Consider responses from staff and Tree & Landscape Board to Council suggested revisions to draft Ordinance 21-O-09 and discuss if they will provide adequate protection for healthy urban trees over 36” in circumference to meet the Strategic Plan Goal of 40% tree canopy cover by 2025. 2. Support the Urban Tree Protection Ordinance 21-O-09 as originally drafted, and vote to approve the original Ordinance. 3. Do not support the Urban Tree Protection Ordinance 21-O-09 as originally drafted and convene a Council subcommittee to work with the Tree & Landscape Board to develop revisions to the originally drafted ordinance 21-O-09 that will provide adequate protection for healthy urban trees over 36” in circumference. 4. Postpone adoption of draft Ordinance 21-O-09 and suggested Council revisions until the results of the Urban Tree Master Plan and/or the result of the second Tree Canopy Assessment are received. Staff Recommendation: Option #2 or Option #3 Recommended Motion: The motion will be based on the Council discussion. Attachments: 1. Draft Ordinance 21-O-09 2. Revised draft Ordinance 21-O-09 with Council suggestions 3. College Park Urban Tree protection Recommendation from the Tree & Landscape Board dated 6/16/2021. 2 013  21-O-09 ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF COLLEGE PARK, TO AMEND CHAPTER 179, “TREE AND LANDSCAPE MAINTENANCE”, BY RESERVING §179-9 AND DESIGNATING §§179-1 THROUGH 179-9 AS ARTICLE I, “GENERAL PROVISIONS”; AMENDING §179-1, “DEFINITIONS”, AND §179-5, “TREE AND LANDSCAPE BOARD"; AND ADDING ARTICLE II, “ TREE CANOPY PROTECTION”, §179-10, “PERMIT REQUIRED”, §179-11, “PERMIT ISSUANCE”, §179-12, “TREE REPLACEMENT”, §179-13, “RECONSIDERATION”, §179-14, “APPEAL”, AND §179-15, “ENFORCEMENT”; AND TO AMEND CHAPTER 110, “FEES AND PENALTIES”. BY AMENDING §110-2, “PENALTIES”; TO INSTITUTE A PERMIT SYSTEM FOR REMOVAL OR PRUNING OF URBAN FOREST TREES, TO PROVIDE FOR A RECONSIDERATION AND APPEAL PROCESS, TO REQUIRE PLANTING OF REPLACEMENT TREES OR PAYMENT OF A FEE, AND TO SET A FINE FOR NON-COMPLIANCE WHEREAS, §5-202 of the Local Government Article of the Annotated Code of Maryland provides that the Mayor and Council of the City of College Park have the authority to pass such ordinances as it deems necessary to preserve peace and good order, and to protect the health, comfort and convenience of the residents of the municipality; and WHEREAS, the Mayor and Council have adopted Chapter179, “Tree and Landscape Maintenance” to educate and encourage all persons in the City to use safe and desirable installation, removal and maintenance practices to promote healthy trees, shrubs and ground covers on private and public lands within the City; and WHEREAS, the Tree and Landscape Board has recommended to the Mayor and Council that certain limitations be placed on removal or pruning of otherwise healthy trees, and that a permit should be required; and WHEREAS, the Mayor and Council determined that it is in the public interest to adopt certain recommendations of the Tree and Landscape Board, and to institute a permit ____________________________________ CAPS : Indicate matter added to existing law. [Brackets] : Indicate matter deleted from law. Asterisks * * * : Indicate matter remaining unchanged in existing law but not set forth in Ordinance CAPS :Indicate matter added in amendment [Brackets] : Indicate matter deleted in amendment 014  21-O-09 system for removal or pruning of certain trees, to provide for an appeal process, and to set a fine for non-compliance. Section 1. NOW THEREFORE, BE IT ORDAINED AND ENACTED, by the Mayor and Council of the City of College Park that Chapter 179, “Tree and Landscape Maintenance”, that §179-9 be reserved, and that §179-2 through §179-9, be and they are hereby contained in Article I, “General Provisions.” Section 2. BE IT FURTHER ENACTED, by the Mayor and Council of the City of College Park that Chapter 179, “Tree and Landscape Maintenance”, Article II, “Urban Forest Protection”, be and it is hereby enacted. Section 3. BE IT FURTHER ENACTED, by the Mayor and Council of the City of College Park that Chapter 179, “Tree and Landscape Maintenance”, Article I, “Definitions”, be and it is hereby repealed, re-enacted and amended to read as follows: § 179-1Definitions. As used in this chapter, the following terms shall have the meanings indicated: INSTALLATION The proper planting of trees, shrubs and ground covers. LANDSCAPE Trees, shrubs, ground covers and other materials presently or hereafter planted within the City limits. MAINTENANCE All necessary operations, including but not limited to pruning, mowing, spraying, watering, fertilizing, [and] staking AND TREE HEALTH ASSESSMENTS. 2 015  21-O-09 PRIVATE LAND All land exclusive of public ways and public areas. PUBLIC AREA All public ways, parks and other lands owned or leased by the City. PUBLIC WAY All public streets, roads, boulevards, alleys and sidewalks. RESIDENTIAL TREES TREES LOCATED ON RESIDENTIAL PROPERTY IN THE FOLLOWING CURRENT ZONING CATEGORIES: R-80, R-55, R-35, R-20, R-T, R-30, R-30C, R-18, AND R-18C, AS AMENDED. URBAN FOREST 1. PUBLIC TREES IN PUBLIC RIGHTS-OF-WAY OR ON PROPERTY OWNED BY THE CITY. 2. RESIDENTIAL TREES WITH TRUNKS THAT MEASURE GREATER THAN 36 INCHES IN CIRCUMFERENCE (12-INCH DIAMETER), MEASURED AT 4 1/2 FEET ABOVE GROUND LEVEL. IF A TREE DIVIDES INTO BRANCHES AT LESS THAN 4 1/2 FEET HEIGHT, THE TRUNK SHALL BE MEASURED IMMEDIATELY BENEATH THE DIVIDING POINT. 3. RESIDENTIAL TREES MEASURING GREATER THAN 120 INCHES IN CIRCUMFERENCE (38-INCH DIAMETER) ARE CONSIDERED HERITAGE TREES. A HERITAGE TREE IS A LARGE INDIVIDUAL TREE WITH UNIQUE VALUE, WHICH IS CONSIDERED IRREPLACEABLE. Section 3. BE IT FURTHER ENACTED, by the Mayor and Council of the City of College Park that Chapter 179, “Tree and Landscape Maintenance”, Article I, “General Provisions”, §179-5,“Tree and Landscape Board”, be and it is hereby repealed, re-enacted and amended to read as follows: 3 016  21-O-09 § 179-5 Tree and Landscape Board. A. * * * * B. Duties and responsibilities of the Board. (1) – (7) * * * * (8) TO HEAR APPEALS FROM DECISIONS CONCERNING THE REMOVAL OR PRUNING OF URBAN FOREST TREES BY THE PUBLIC WORKS DIRECTOR. Section 4. BE IT FURTHER ENACTED, by the Mayor and Council of the City of College Park that Chapter 179, “Tree and Landscape Maintenance”, Article II, “Urban Forest Protection”, §179-10,“Permit required”, be and it is hereby enacted to read as follows: §179-10 PERMIT REQUIRED. EXCEPT WHEN REQUIRED TO DO SO IN AN EMERGENCY, OR WHEN EXEMPTED BY THE PUBLIC WORKS DIRECTOR BECAUSE OF IMMINENT DANGER TO THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE, NO PERSON SHALL REMOVE OR DESTROY ANY TREE IN THE CITY'S URBAN FOREST, UNDERTAKE CONSTRUCTION OR OTHER ACTION THAT COULD SIGNIFICANTLY DETRACT FROM THE HEALTH OR GROWTH OF SUCH A TREE, OR PRUNE MORE THAN 20% OF SUCH A TREE, WITHOUT FIRST APPLYING FOR AND OBTAINING A PERMIT FROM THE CITY. Section 5. BE IT FURTHER ENACTED, by the Mayor and Council of the City of College Park that Chapter 179, “Tree and Landscape Maintenance”, Article II, “Urban Forest Protection”, §179-11,“Permit issuance”, be and it is hereby enacted to read as follows: §179-11 PERMIT ISSUANCE. A. AN APPROVED PERMIT MUST BE CONSPICUOUSLY POSTED ON THE PROPERTY UNTIL THE TREE IS REMOVED OR PRUNED. B. TREE PERMITS ARE VALID FOR ONE YEAR FROM THE DATE ISSUED. C. TREE PRUNING OR REMOVAL. ALL APPLICATIONS FOR TREES LESS THAN 36” IN CIRCUMFERENCE WILL BE APPROVED. 4 017  21-O-09 D. TREES IDENTIFIED FOR REMOVAL IN APPLICATIONS SUBMITTED FOR URBAN FOREST TREES WILL BE INSPECTED AND RECEIVE A LEVEL II TREE RISK ASSESSMENT CONDUCTED BY THE PUBLIC WORKS DIRECTOR, OR DESIGNEE. E. A TREE REMOVAL PERMIT WILL BE ISSUED IF THE TREE IS DETERMINED TO BE DEAD, DISEASED, HAZARDOUS TO THE SAFETY OF PERSONS OR PROPERTY IN A WAY THAT CANNOT BE ADDRESSED BY USING THE CURRENT TREE CARE, ANSI Z STANDARDS (AMERICAN NATIONAL STANDARD INSTITUTE), OR IS DEEMED EITHER AN INVASIVE SPECIES (AS IDENTIFIED ON THE LIST MAINTAINED BY THE MARYLAND INVASIVE SPECIES COUNCIL) OR UNDESIRABLE BECAUSE OF ITS LOCATION, CONDITION, OR EFFECT ON OTHER STRUCTURES OR TREES. F. A PERMIT FOR REMOVAL WILL BE ISSUED IF THE TREE IS LOCATED IN A PLACE PROXIMAL TO HOUSES OR UTILITIES, SO THAT IT CAN CAUSE STRUCTURAL DAMAGE, OR IN A PLACE THAT WOULD MAKE IT DIFFICULT FOR A PROPERTY OWNER TO EXPAND THE FOOTPRINT OF THE HOUSE IN CONJUNCTION WITH A BUILDING PERMIT THAT CAN OTHERWISE BE APPROVED BY THE COUNTY AND CITY. A HERITAGE TREE IN A HEALTHY, NON-HAZARDOUS CONDITION CANNOT BE REMOVED UNLESS IT’S LOCATION WOULD PREVENT EXPANSION OF THE FOOTPRINT OF THE HOUSE. G. IN A DETERMINATION OF WHETHER TO ISSUE A PERMIT FOR TREE REMOVAL OR PRUNING OF MORE THAN 20% OF URBAN FOREST TREES, THE PUBLIC WORKS DIRECTOR WILL ALSO CONSIDER: 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 EXTENT TO WHICH THE AREA WOULD BE SUBJECT TO ENVIRONMENTAL DEGRADATION DUE TO REMOVAL OF THE TREE OR TREES; 5. THE EXTENT OF THE TREE CANOPY IN THE IMMEDIATE AREA; AND 6. OTHER APPLICABLE LAW. Section 6. BE IT FURTHER ENACTED, by the Mayor and Council of the City of College Park that Chapter 179, “Tree and Landscape Maintenance”, Article II, “Urban Forest Protection”, §179-12,“Tree replacement”, be and it is hereby enacted to read as follows: 5 018  21-O-09 §179-12 TREE REPLACEMENT. A. THE OWNER OF THE PROPERTY FROM WHICH AN URBAN FOREST TREE IS REMOVED ON OR AFTER MARCH 1, 2022, IS REQUIRED TO PLANT A REPLACEMENT TREE OR TO PAY A FEE TO THE URBAN TREE PROTECTION FUND FOR EACH REMOVAL, AS FOLLOWS: 1. FOR REMOVAL OF A 36”- 47” CIRCUMFERENCE TREE- REPLACE WITH ONE TREE OR PAY A $250 FEE; 2. FOR REMOVAL OF A 48” CIRCUMFERENCE OR GREATER TREE: REPLACE WITH 2 TREES OR PAY A $500 FEE . PROPERTY OWNERS THAT CAN DEMONSTRATE FINANCIAL HARDSHIP MAY REQUEST A WAIVER OF THE PAYMENT TO THE URBAN TREE PROTECTION FUND. B. WHEN PRACTICABLE, REPLACEMENT TREES SHOULD BE PLANTED ON THE SAME PROPERTY FROM WHICH A TREE HAS BEEN REMOVED. C. REPLACEMENT TREE SPECIES SHALL BE APPROVED BY THE PUBLIC WORKS DIRECTOR OR DESIGNEE PRIOR TO PLANTING AND PLANTED WITHIN 6 MONTHS FROM THE DATE TREE REMOVAL IS COMPLETE. PROPERTY OWNERS ARE ELIGIBLE TO RECEIVE REIMBURSEMENT FUNDING FOR REQUIRED REPLACEMENT TREES FROM THE CITY'S TREE CANOPY ENHANCEMENT PROGRAM (TCEP) FUND AS IDENTIFIED IN THE TCEP GUIDELINES. REPLACEMENT TREES SHALL MEET THE TCEP TREE SIZE GUIDELINES, WHETHER OR NOT REIMBURSEMENT FROM THE PROGRAM IS REQUESTED. D. REQUESTS FOR TCEP REIMBURSEMENT WILL BE PROCESSED 6 MONTHS AFTER PLANTING IF THE REPLACEMENT TREE IS IN A HEALTHY CONDITION AS DETERMINED BY THE DIRECTOR OF PUBLIC WORKS OR DESIGNEE. Section 7. BE IT FURTHER ENACTED, by the Mayor and Council of the City of College Park that Chapter 179, “Tree and Landscape Maintenance”, Article II, “Urban Forest Protection”, §179-13,“Reconsideration”, be and it is hereby enacted to read as follows: §179-13 RECONSIDERATION IF AT THE CONCLUSION OF THE BASIC LEVEL II ASSESSMENT, AN APPLICANT WHO DISPUTES THE FINDINGS BY THE PUBLIC WORKS DIRECTOR OR 6 019  21-O-09 DESIGNEE, CAN REQUEST A SECOND OPINION FROM A THIRD-PARTY ASSESSOR, QUALIFIED AS AN INTERNATIONAL SOCIETY OF ARBORICULTURE (ISA) CERTIFIED ARBORIST OR A TREE RISK ASSESSMENT QUALIFIED ARBORIST, AND LICENSED AND INSURED TO PERFORM TREE ASSESSMENTS IN THE STATE OF MARYLAND, TO DETERMINE THE CONDITION OF THE TREE. THE SELECTED ARBORIST WILL PERFORM AN ADVANCED LEVEL III ASSESSMENT AND PROVIDE A WRITTEN REPORT OF THE FINDINGS WITH RECOMMENDATIONS. THE RESULTS OF THE LEVEL III ASSESSMENT SHALL BE PROVIDED BY THE APPLICANT TO THE PUBLIC WORKS DIRECTOR TO REVIEW FOR RECONSIDERATION OF THE TREE REMOVAL APPLICATION. THE CITY SHALL REIMBURSE THE APPLICANT FOR ONE-HALF OF THE COST OF THE CERTIFIED ARBORIST’S LEVEL III ASSESSMENT. Section 8. BE IT FURTHER ENACTED, by the Mayor and Council of the City of College Park that Chapter 179, “Tree and Landscape Maintenance”, Article II, “Urban Forest Protection”, §179-14,“Appeal”, be and it is hereby enacted to read as follows: §179-14 APPEAL. THE DECISION OF THE PUBLIC WORKS DIRECTOR MAY BE APPEALED BY THE APPLICANT, IN WRITING, TO THE COLLEGE PARK TREE AND LANDSCAPE BOARD, BY DELIVERY TO THE CITY CLERK WITHIN 15 BUSINESS DAYS OF THE DATE OF PERMIT DENIAL. THE APPEAL WILL BE CONSIDERED AT THE BOARD MEETING FOLLOWING THE FILING OF THE APPEAL. THE BOARD WILL EVALUATE ALL THE INFORMATION PRESENTED BY THE APPLICANT, INCLUDING ANY MITIGATION PROPOSED BY THE APPLICANT, AND WILL MAKE A FINAL DECISION WITHIN THIRTY DAYS OF THE MEETING. THE DECISION OF THE TREE AND LANDSCAPE BOARD MAY BE APPEALED BY THE APPLICANT TO THE MAYOR AND COUNCIL IN WRITING BY DELIVERY TO THE CITY CLERK WITHIN 15 DAYS OF ISSUANCE. Section 9. BE IT FURTHER ENACTED, by the Mayor and Council of the City of College Park that Chapter 179, “Tree and Landscape Maintenance”, Article II, “Urban Forest Protection”, §179-15,“Enforcement”, be and it is hereby enacted to read as follows: 7 020  21-O-09 §179-15 ENFORCEMENT ANY PERSON VIOLATING ANY OF THE PROVISIONS OF THIS ARTICLE SHALL BE GUILTY OF A MUNICIPAL INFRACTION, SUBJECT TO THE PENALTY PROVIDED IN CHAPTER 110, FEES AND PENALTIES, OF THIS CODE. FINES RESULTING FROM VIOLATIONS OF THIS ARTICLE ARE DEDICATED TO THE URBAN TREE CANOPY PROTECTION FUND. Section 10. BE IT FURTHER ENACTED, by the Mayor and Council of the City of College Park that Chapter 110, “Fees and penalties”, §110-2,“Penalties”, be and it is hereby enacted to read as follows: §110-2 Penalties. Unless otherwise noted herein, the violation of a City ordinance or resolution is a municipal infraction. The following fines and/or imprisonment for violations of various ordinances or resolutions are applicable in the City of College Park: Chapter/Section Violation Penalty * * * * CH. 179, TREE AND LANDSCAPE MAINTENANCE ARTICLE II URBAN FOREST PROTECTION §179-10 REMOVAL OR PRUNING GREATER THAN 20% OF $500 AN URBAN FOREST TREE – EACH OFFENSE §179-12 FAILURE TO INSTALL REPLACEMENT TREE(S) OR $500 TO PAY FEE AS REQUIRED * * * * Section 11. BE IT FURTHER ORDAINED AND ENACTED by the Mayor and Council of the City of College Park that upon formal introduction of this proposed Ordinance, which shall be by way of a motion duly seconded and without any further vote, the City Clerk shall 8 021  21-O-09 distribute a copy to each Council member and shall maintain a reasonable number of copies in the office of the City Clerk and shall post at City Hall, to the official City website, to the City- maintained e-mail LISTSERV, and on the City cable channel, and if time permits, in any City newsletter, the proposed ordinance or a fair summary thereof together with a notice setting out the time and place for a public hearing thereon and for its consideration by the Council. The public hearing, hereby set for 7:30 pm on the 10th day of August 2021, shall follow the publication by at least seven (7) days, may be held separately or in connection with a regular or special Council meeting and may be adjourned from time to time. All persons interested shall have an opportunity to be heard. After the hearing, the Council may adopt the proposed ordinance with or without amendments or reject it. That this Ordinance shall become effective twenty days after adoption provided that, as soon as practicable after adoption, the City Clerk shall post a fair summary of the Ordinance and notice of its adoption at City Hall, to the official City website, to the City-maintained e-mail LISTSERV, on the City cable channel, and in any City newsletter. If any section, subsection, provision, sentence, clause, phrase or word of this Ordinance is for any reason held to be illegal or otherwise invalid by any court of competent jurisdiction, such invalidity shall be severable, and shall not affect or impair any remaining section, subsection, provision, sentence, clause, phrase or word included within this Ordinance, it being the intent of the City that the remainder of the Ordinance shall be and shall remain in full force and effect, valid and enforceable. Introduced on the 20th day of July , 2021 Adopted on the ____ day of ______________, 2021 Effective on the _____ day of _______________, 2021 9 022  21-O-09 ATTEST: CITY OF COLLEGE PARK By: _____________________________ By: __________________________________ Janeen S. Miller, CMC, City Clerk Patrick L. Wojahn, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ______________________________ Suellen M. Ferguson, City Attorney 10 023  21-O-09 DRAFT AMENDED ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF COLLEGE PARK, TO AMEND CHAPTER 179, “TREE AND LANDSCAPE MAINTENANCE”, BY RESERVING §179-9 AND DESIGNATING §§179-1 THROUGH 179-9 AS ARTICLE I, “GENERAL PROVISIONS”; AMENDING §179-1, “DEFINITIONS”, AND §179-5, “TREE AND LANDSCAPE BOARD"; AND ADDING ARTICLE II, “ TREE CANOPY PROTECTION”, §179-10, “PERMIT REQUIRED”, §179-11, “PERMIT ISSUANCE”, §179-12, “TREE REPLACEMENT”, §179-13, “RECONSIDERATION”, §179-14, “APPEAL”, AND §179-15, “ENFORCEMENT”; AND TO AMEND CHAPTER 110, “FEES AND PENALTIES”. BY AMENDING §110-2, “PENALTIES”; TO INSTITUTE A PERMIT SYSTEM FOR REMOVAL OR PRUNING OF URBAN TREES, TO PROVIDE FOR A RECONSIDERATION AND APPEAL PROCESS, TO REQUIRE PLANTING OF REPLACEMENT TREES OR PAYMENT OF A FEE, AND TO SET A FINE FOR NON-COMPLIANCE WHEREAS, §5-202 of the Local Government Article of the Annotated Code of Maryland provides that the Mayor and Council of the City of College Park have the authority to pass such ordinances as it deems necessary to preserve peace and good order, and to protect the health, comfort and convenience of the residents of the municipality; and WHEREAS, the Mayor and Council have adopted Chapter179, “Tree and Landscape Maintenance” to educate and encourage all persons in the City to use safe and desirable installation, removal and maintenance practices to promote healthy trees, shrubs and ground covers on private and public lands within the City; and WHEREAS, the Tree and Landscape Board has recommended to the Mayor and Council that certain limitations be placed on removal or pruning of otherwise healthy HERITAGE trees, and that a permit should be required; and WHEREAS, the Mayor and Council determined that it is in the public interest to adopt certain recommendations of the Tree and Landscape Board, and to institute a permit ____________________________________ CAPS : Indicate matter added to existing law. [Brackets] : Indicate matter deleted from law. Asterisks * * * : Indicate matter remaining unchanged in existing law but not set forth in Ordinance CAPS :Indicate matter added in amendment [Brackets] : Indicate matter deleted in amendment 024  21-O-09 system for removal or pruning of certain trees, to provide for an appeal process, and to set a fine for non-compliance. Section 1. NOW THEREFORE, BE IT ORDAINED AND ENACTED, by the Mayor and Council of the City of College Park that Chapter 179, “Tree and Landscape Maintenance”, that §179-9 be reserved, and that §179-1 through §179-9, be and they are hereby contained in Article I, “General Provisions.” Section 2. BE IT FURTHER ENACTED, by the Mayor and Council of the City of College Park that Chapter 179, “Tree and Landscape Maintenance”, Article II, “Urban Tree Protection”, be and it is hereby enacted. Section 3. BE IT FURTHER ENACTED, by the Mayor and Council of the City of College Park that Chapter 179, “Tree and Landscape Maintenance”, Article I, “Definitions”, be and it is hereby repealed, re-enacted and amended to read as follows: § 179-1Definitions. As used in this chapter, the following terms shall have the meanings indicated: HERITAGE TREE RESIDENTIAL TREES MEASURING GREATER THAN 100 INCHES IN CIRCUMFERENCE (32-INCH DIAMETER). A HERITAGE TREE IS A LARGE INDIVIDUAL TREE WITH UNIQUE VALUE, WHICH IS CONSIDERED IRREPLACEABLE. INSTALLATION The proper planting of trees, shrubs and ground covers. LANDSCAPE Trees, shrubs, ground covers and other materials presently or hereafter planted within the City limits. 2 025  21-O-09 MAINTENANCE All necessary operations, including but not limited to pruning, mowing, spraying, watering, fertilizing, [and] staking AND TREE HEALTH ASSESSMENTS. PRIVATE LAND All land exclusive of public ways and public areas. PUBLIC AREA All public ways, parks and other lands owned or leased by the City. PUBLIC WAY All public streets, roads, boulevards, alleys and sidewalks. RESIDENTIAL TREES TREES LOCATED ON RESIDENTIAL PROPERTY IN THE FOLLOWING CURRENT ZONING CATEGORIES: R-80, R-55, R-35, R-20, R-T, R-30, R-30C, R-18, Commented [SMF1]: Insert new zoning designations R-R, O-S AND R-18C, AS AMENDED. URBAN TREE 1. PUBLIC TREES IN PUBLIC RIGHTS-OF-WAY OR ON PROPERTY OWNED BY THE CITY. 2. RESIDENTIAL TREES WITH TRUNKS THAT MEASURE GREATER THAN 36 INCHES IN CIRCUMFERENCE (12-INCH DIAMETER), MEASURED AT 4 1/2 FEET ABOVE GROUND LEVEL. IF A TREE DIVIDES INTO BRANCHES AT LESS THAN 4 1/2 FEET HEIGHT, THE TRUNK SHALL BE MEASURED IMMEDIATELY BENEATH THE DIVIDING POINT. Section 3. BE IT FURTHER ENACTED, by the Mayor and Council of the City of College Park that Chapter 179, “Tree and Landscape Maintenance”, Article I, “General Provisions”, §179-5,“Tree and Landscape Board”, be and it is hereby repealed, re-enacted and amended to read as follows: 3 026  21-O-09 § 179-5 Tree and Landscape Board. A. * * * * B. Duties and responsibilities of the Board. (1) – (7) * * * * (8) TO HEAR APPEALS FROM DECISIONS CONCERNING THE REMOVAL OR PRUNING OF URBAN TREES BY THE PUBLIC WORKS DIRECTOR. Section 4. BE IT FURTHER ENACTED, by the Mayor and Council of the City of College Park that Chapter 179, “Tree and Landscape Maintenance”, Article II, “Protection”, §179- 10,“Permit required”, be and it is hereby enacted to read as follows: §179-10 PERMIT REQUIRED. EXCEPT WHEN REQUIRED TO DO SO IN AN EMERGENCY, OR WHEN EXEMPTED BY THE PUBLIC WORKS DIRECTOR BECAUSE OF IMMINENT DANGER TO THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE, NO PERSON SHALL REMOVE OR DESTROY ANY URBAN TREE, UNDERTAKE CONSTRUCTION OR OTHER ACTION THAT COULD SIGNIFICANTLY DETRACT FROM THE HEALTH OR GROWTH OF SUCH A TREE, OR PRUNE MORE THAN 20% OF [SUCH] A HERITAGE TREE, WITHOUT FIRST APPLYING FOR AND OBTAINING A PERMIT FROM THE CITY. Section 5. BE IT FURTHER ENACTED, by the Mayor and Council of the City of College Park that Chapter 179, “Tree and Landscape Maintenance”, Article II, “Urban Tree Protection”, §179-11,“Permit issuance”, be and it is hereby enacted to read as follows: §179-11 PERMIT ISSUANCE. A. AN APPROVED PERMIT MUST BE CONSPICUOUSLY POSTED ON THE PROPERTY UNTIL THE TREE IS REMOVED OR PRUNED. B. TREE PERMITS ARE VALID FOR ONE YEAR FROM THE DATE ISSUED. C. [TREE PRUNING OR REMOVAL. ALL APPLICATIONS FOR TREES LESS THAN 36” IN CIRCUMFERENCE WILL BE APPROVED.] Commented [SMF2]: Based on prior wording, only urban trees, which are more than 36”, need a permit. Why is this here? D. URBAN TREES THAT ARE 36” TO 100” IN CIRCUMFERENCE MAY BE REMOVED AT THE OWNER’S DISCRETION, PROVIDED THAT AN APPLICATION FOR A 4 027  21-O-09 PERMIT IS SUBMITTED. THE URBAN TREES IDENTIFIED IN APPLICATIONS [SUBMITTED FOR REMOVAL OF URBAN TREES] WILL, IN ADDITION TO THE PERMIT, RECEIVE EDUCATIONAL INFORMATION ABOUT THE IMPORTANCE OF CANOPY TREES AND BE SUBJECT TO A LEVEL II TREE RISK ASSESSMENT CONDUCTED BY THE CITY PUBLIC WORKS DIRECTOR OR DESIGNEE. THE APPLICANT MAY DECLINE THE TREE RISK ASSESSMENT. E. PRIOR TO ISSUANCE OF A PERMIT, HERITAGE TREES WILL BE INSPECTED AND RECEIVE A LEVEL II TREE RISK ASSESSMENT CONDUCTED BY THE PUBLIC WORKS DIRECTOR, OR DESIGNEE. F. A TREE REMOVAL PERMIT WILL BE ISSUED IF A HERITAGE TREE IS: 1. DETERMINED TO BE DEAD, DISEASED, HAZARDOUS TO THE SAFETY OF PERSONS OR PROPERTY IN A WAY THAT CANNOT BE ADDRESSED BY USING THE CURRENT TREE CARE, ANSI Z STANDARDS (AMERICAN NATIONAL STANDARD INSTITUTE), OR IS DEEMED EITHER AN INVASIVE SPECIES (AS IDENTIFIED ON THE LIST MAINTAINED BY THE MARYLAND INVASIVE SPECIES COUNCIL) OR UNDESIRABLE BECAUSE OF ITS LOCATION, CONDITION, OR EFFECT ON OTHER STRUCTURES OR TREES, OR G. [A PERMIT FOR REMOVAL WILL BE ISSUED IF THE TREE IS LOCATED IN A PLACE PROXIMAL TO HOUSES OR UTILITIES, SO THAT IT CAN CAUSE STRUCTURAL DAMAGE, OR IN A PLACE THAT WOULD MAKE IT DIFFICULT FOR A PROPERTY OWNER TO EXPAND THE FOOTPRINT OF THE HOUSE IN CONJUNCTION WITH A BUILDING PERMIT THAT CAN OTHERWISE BE APPROVED BY THE COUNTY AND CITY. 2. A HERITAGE TREE REGARDLESS OF ITS CONDITION, IN A [HEALTHY, NON- HAZARDOUS CONDITION CANNOT BE REMOVED IF IT’S] LOCATION THAT WOULD PREVENT EXPANSION OF THE FOOTPRINT OF THE A HOUSE IN CONJUNCTION WITH A BUILDING PERMIT THAT CAN OTHERWISE BE APPROVED BY THE COUNTY AND CITY. H. IN A DETERMINATION OF WHETHER TO ISSUE A PERMIT FOR TREE [REMOVAL OR] PRUNING OF MORE THAN 20% OF A HERITAGE [URBAN] TREE, THE PUBLIC WORKS DIRECTOR WILL ALSO CONSIDER: 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; 5 028  21-O-09 4. THE EXTENT TO WHICH THE AREA WOULD BE SUBJECT TO ENVIRONMENTAL DEGRADATION DUE TO REMOVAL OF THE TREE OR TREES; 5. THE EXTENT OF THE TREE CANOPY IN THE IMMEDIATE AREA; AND 6. OTHER APPLICABLE LAW. Section 6. BE IT FURTHER ENACTED, by the Mayor and Council of the City of College Park that Chapter 179, “Tree and Landscape Maintenance”, Article II, “Urban Tree Protection”, §179-12,“Tree replacement”, be and it is hereby enacted to read as follows: §179-12 TREE REPLACEMENT. A. THE OWNER OF THE PROPERTY FROM WHICH AN URBAN TREE IS REMOVED ON OR AFTER [ MARCH 1, 2022] IS REQUIRED TO PLANT A REPLACEMENT TREE OR TO PAY A FEE IN LIEU TO THE URBAN TREE PROTECTION FUND FOR EACH REMOVAL, AS FOLLOWS: 1. FOR REMOVAL OF A 36”- 47” CIRCUMFERENCE TREE- REPLACE WITH ONE TREE OR PAY A $250 FEE; 2. FOR REMOVAL OF A 48” CIRCUMFERENCE OR GREATER TREE: REPLACE WITH 2 TREES OR PAY A $500 FEE . PROPERTY OWNERS THAT CAN DEMONSTRATE FINANCIAL HARDSHIP MAY REQUEST A WAIVER OF THE PAYMENT TO THE URBAN TREE PROTECTION FUND. B. WHEN PRACTICABLE, REPLACEMENT TREES SHOULD BE PLANTED ON THE SAME PROPERTY FROM WHICH A TREE HAS BEEN REMOVED. C. REPLACEMENT TREE SPECIES SHALL BE APPROVED BY THE PUBLIC WORKS DIRECTOR OR DESIGNEE PRIOR TO PLANTING AND PLANTED WITHIN 6 MONTHS FROM THE DATE TREE REMOVAL IS COMPLETE. PROPERTY OWNERS ARE ELIGIBLE TO RECEIVE REIMBURSEMENT FUNDING FOR REQUIRED REPLACEMENT TREES FROM THE CITY'S TREE CANOPY ENHANCEMENT PROGRAM (TCEP) FUND AS IDENTIFIED IN THE TCEP GUIDELINES. REPLACEMENT TREES SHALL MEET THE TCEP TREE SIZE GUIDELINES, WHETHER OR NOT REIMBURSEMENT FROM THE PROGRAM IS REQUESTED. THE PUBLIC WORKS DIRECTOR OR DESIGNEE WILL INSPECT THE PROPERTY TO CONFIRM COMPLIANCE WITH THE TREE REPLACEMENT REQUIREMENT. D. REQUESTS FOR TCEP REIMBURSEMENT WILL BE PROCESSED 6 MONTHS AFTER 6 029  21-O-09 PLANTING IF THE REPLACEMENT TREE IS IN A HEALTHY CONDITION AS DETERMINED BY THE DIRECTOR OF PUBLIC WORKS OR DESIGNEE. Section 7. BE IT FURTHER ENACTED, by the Mayor and Council of the City of College Park that Chapter 179, “Tree and Landscape Maintenance”, Article II, “Urban Tree Protection”, §179-13,“Reconsideration”, be and it is hereby enacted to read as follows: §179-13 RECONSIDERATION IF AT THE CONCLUSION OF THE BASIC LEVEL II ASSESSMENT OF A HERITAGE TREE, AN APPLICANT WHO DISPUTES THE FINDINGS BY THE PUBLIC WORKS DIRECTOR OR DESIGNEE, CAN REQUEST A SECOND OPINION FROM A THIRD- PARTY ASSESSOR, QUALIFIED AS AN INTERNATIONAL SOCIETY OF ARBORICULTURE (ISA) CERTIFIED ARBORIST OR A TREE RISK ASSESSMENT QUALIFIED ARBORIST, AND LICENSED AND INSURED TO PERFORM TREE ASSESSMENTS IN THE STATE OF MARYLAND, TO DETERMINE THE CONDITION OF THE TREE. THE SELECTED ARBORIST WILL PERFORM AN ADVANCED LEVEL III ASSESSMENT AND PROVIDE A WRITTEN REPORT OF THE FINDINGS WITH RECOMMENDATIONS. THE RESULTS OF THE LEVEL III ASSESSMENT SHALL BE PROVIDED BY THE APPLICANT TO THE PUBLIC WORKS DIRECTOR TO REVIEW FOR RECONSIDERATION OF THE TREE REMOVAL APPLICATION. THE CITY SHALL REIMBURSE THE APPLICANT FOR ONE-HALF OF THE COST OF THE CERTIFIED ARBORIST’S LEVEL III ASSESSMENT. Section 8. BE IT FURTHER ENACTED, by the Mayor and Council of the City of College Park that Chapter 179, “Tree and Landscape Maintenance”, Article II, “Urban Tree Protection”, §179-14,“Appeal”, be and it is hereby enacted to read as follows: §179-14 APPEAL. THE DECISION OF THE PUBLIC WORKS DIRECTOR MAY BE APPEALED BY THE APPLICANT, IN WRITING, TO THE COLLEGE PARK TREE AND LANDSCAPE BOARD, BY DELIVERY TO THE CITY CLERK WITHIN 15 BUSINESS DAYS OF THE DATE OF PERMIT DENIAL. THE APPEAL WILL BE CONSIDERED AT THE BOARD MEETING FOLLOWING THE FILING OF THE APPEAL. THE BOARD WILL EVALUATE ALL THE INFORMATION PRESENTED BY THE APPLICANT, 7 030  21-O-09 INCLUDING ANY MITIGATION PROPOSED BY THE APPLICANT, AND WILL MAKE A FINAL DECISION WITHIN THIRTY DAYS OF THE MEETING. THE DECISION OF THE TREE AND LANDSCAPE BOARD MAY BE APPEALED BY THE APPLICANT TO THE MAYOR AND COUNCIL IN WRITING BY DELIVERY TO THE CITY CLERK WITHIN 15 DAYS OF ISSUANCE. Section 9. BE IT FURTHER ENACTED, by the Mayor and Council of the City of College Park that Chapter 179, “Tree and Landscape Maintenance”, Article II, “Urban Tree Protection”, §179-15,“Enforcement”, be and it is hereby enacted to read as follows: §179-15 ENFORCEMENT ANY PERSON VIOLATING ANY OF THE PROVISIONS OF THIS ARTICLE SHALL BE GUILTY OF A MUNICIPAL INFRACTION, SUBJECT TO THE PENALTY PROVIDED IN CHAPTER 110, FEES AND PENALTIES, OF THIS CODE. FINES RESULTING FROM VIOLATIONS OF THIS ARTICLE ARE DEDICATED TO THE URBAN TREE CANOPY PROTECTION FUND. Section 10. BE IT FURTHER ENACTED, by the Mayor and Council of the City of College Park that Chapter 110, “Fees and penalties”, §110-2,“Penalties”, be and it is hereby enacted to read as follows: §110-2 Penalties. Unless otherwise noted herein, the violation of a City ordinance or resolution is a municipal infraction. The following fines and/or imprisonment for violations of various ordinances or resolutions are applicable in the City of College Park: Chapter/Section Violation Penalty * * * * CH. 179, TREE AND LANDSCAPE MAINTENANCE ARTICLE II URBAN TREE PROTECTION §179-10 REMOVAL OR PRUNING GREATER THAN 20% OF $500 8 031  21-O-09 AN URBAN TREE WITHOUT A PERMIT– EACH OFFENSE §179-12 FAILURE TO INSTALL REPLACEMENT TREE(S) OR $500 TO PAY FEE AS REQUIRED * * * * Section 11. BE IT FURTHER ORDAINED AND ENACTED BY THE MAYOR AND COUNCIL OF THE CITY OF COLLEGE PARK THAT, FOR SIX MONTHS FROM Commented [SMF3]: This provision would be used only if needed and is included for discussion purposes only THE EFFECTIVE DATE OF THIS ORDINANCE THE REQUIREMENT THAT A FEE IN LIEU BE PAID OR A REPLACEMENT TREE BE PLANTED, AND THE FINE FOR FAILURE TO OBTAIN A PERMIT, WILL NOT BE ENFORCED UNTIL FURTHER ACTION OF THE MAYOR AND COUNCIL DURING THE SIX MONTH PERIOD. Section 12. BE IT FURTHER ORDAINED AND ENACTED by the Mayor and Council of the City of College Park that upon formal introduction of this proposed Ordinance, which shall be by way of a motion duly seconded and without any further vote, the City Clerk shall distribute a copy to each Council member and shall maintain a reasonable number of copies in the office of the City Clerk and shall post at City Hall, to the official City website, to the City- maintained e-mail LISTSERV, and on the City cable channel, and if time permits, in any City newsletter, the proposed ordinance or a fair summary thereof together with a notice setting out the time and place for a public hearing thereon and for its consideration by the Council. The public hearing, hereby set for on the day of 2022, shall follow the publication by at least seven (7) days, may be held separately or in connection with a regular or special Council meeting and may be adjourned from time to time. All persons interested shall have an opportunity to be heard. After the hearing, the Council may adopt the proposed ordinance with 9 032  21-O-09 or without amendments or reject it. That this Ordinance shall become effective twenty days after adoption provided that, as soon as practicable after adoption, the City Clerk shall post a fair summary of the Ordinance and notice of its adoption at City Hall, to the official City website, to the City-maintained e-mail LISTSERV, on the City cable channel, and in any City newsletter. If any section, subsection, provision, sentence, clause, phrase or word of this Ordinance is for any reason held to be illegal or otherwise invalid by any court of competent jurisdiction, such invalidity shall be severable, and shall not affect or impair any remaining section, subsection, provision, sentence, clause, phrase or word included within this Ordinance, it being the intent of the City that the remainder of the Ordinance shall be and shall remain in full force and effect, valid and enforceable. Introduced on the ____ day of ___________, 2022 Adopted on the ____ day of ______________, 2022 Effective on the _____ day of _______________, 2022 ATTEST: CITY OF COLLEGE PARK By: _____________________________ By: __________________________________ Janeen S. Miller, CMC, City Clerk Patrick L. Wojahn, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ______________________________ Suellen M. Ferguson, City Attorney 10 033  College Park Urban Forest Protection Recommendations revised 6/16/2021 Proposed Phases Phase 1 (ordinance approval) ● Implement the Tree Canopy Protection Policy (Permit Program) ○ Defer tree replacement requirement until Phase 2, replanting encouraged ○ Include enforcement and penalties for removing trees greater than 36” in circumference (12” in diameter) or pruning more than 20% of a tree canopy without a permit. ● Increase TCEP reimbursement amount from $150 to $250 ● Develop an educational campaign to increase awareness about the importance of the tree canopy and the intent of the program ○ Meet the City’s Strategic Goal of increasing urban canopy by 5% by 2025 ○ Educate citizens about the benefits of trees and biodiversity ○ Highlight greatest planting potential on Private land (Graphic) ● Build relationships with M-NCPPC and University of Maryland ○ Partner to increase planting on land owned and managed by these entities within the boundaries of the City ○ Partner to protect and enhance green infrastructure for stormwater mitigation projects throughout the City Phase 2 (beginning 6 months after ordinance approval) ● Implement tree replacement requirement for Tree Canopy Protection Policy (Permit Program) ○ Tree replacement can be achieved with smaller trees on site, or other suitable land, if available ● Create Tree Registry ○ Encourage residents to register private trees with the City ○ Create a public online GIS map of all registered trees, to include species and circumference size (estimated age) ○ Consider allowing registered private trees to receive maintenance support grants through the Tree Maintenance Fund ● Create Tree Maintenance Fund (TMF) ○ Budget funding for maintenance of private trees. Suggest $10,000 / year contribution from the City into a revolving fund (unspent funds carry over) ○ Encourage Developers who remove urban canopy trees to contribute to the TMF ○ Private tree assessments qualify for use of fund ○ Develop guidelines for applicants applying for funding from the TMF (e.g. due to financial hardship, participation in tree registry) Phase 3 ● Develop relationship with Prince George’s County planning representatives to advocate for revisions to the Woodland and Wildlife Habitat Conservation Ordinance for increased tree canopy coverage in development projects. Strongly encourage developers to mitigate tree loss entirely within the City boundaries. ● Lobby the County to include municipalities with private tree planting funding programs in the County’s rain check rebate program. Purpose of Urban Forest Protection Recommendations 0341 020 The purpose of these recommendations is to enhance, protect, preserve, restore, and promote the City of College Park's urban forest, which is part of a larger ecosystem that: ● contributes significantly to air, noise, and visual pollution control; ● provides stormwater runoff control; ● moderates climate extremes; ● promotes energy conservation; and ● provides significant aesthetic benefits affecting property values and the community's quality of life. The proposed regulation of actions affecting the urban forest provides benefits to City residents, property owners, and the entire community by encouraging protection of healthy trees and planting of replacement trees. Trees, and the tree canopy to which they belong, constitute important environmental resources. In addition to the benefits listed above, trees remove atmospheric carbon dioxide, fix carbon, generate oxygen, offset the heat island effects of urban development, significantly reduce energy needs, and provide habitat for insects, birds, and wildlife. They improve the quality of life in communities by providing a greater sense of well-being, increasing neighborhood esthetic appeal, and enhancing compatibility among different land uses. Trees filter groundwater, reduce surface runoff and soil erosion, and significantly alleviate flooding, by reducing the impact of rain events. The 2019 College Park Tree Canopy Assessment (TCA) found that the loss of tree canopy as a result of tree aging, injury from extreme weather, and commercial development, is a serious problem in the City. In particular, the City’s tree canopy has significantly declined over a nine-year period from 44% (2009) to 38% (2018). Maintaining existing shade trees, and planting new and replacement trees, is imperative if the City is to arrest this decline and meet its stated Strategic Goal of restoring tree canopy coverage to 40% by 2025. PHASE 1 A. Tree Canopy Protection Policy (Permit Program) Background The Tree Canopy Assessment, dated April 2019, clearly shows that the largest opportunity for College Park to preserve and grow its tree canopy is on residentially zoned property. Therefore, the Urban Forest Protection Recommendations focus on residential property in the following zoning categories: R-80, R-55, R-35, R-20, R-T, R-30, R-30C, R-18, and R-18C, which is where the majority of the possible tree planting space is located. These zoning categories span Districts 1, 2, 3, and 4. The City Council recognizes that trees and the tree canopy are valuable community resources that require active conservation and replanting efforts of all landowners in the City, including Maryland Capital Park and Planning (M-NCPPC), the University of Maryland (UMD), the City of College Park (CP), and private landowners. The purpose of this policy is to provide a basic framework for maintaining, conserving, and increasing the tree canopy cover across the City. Tree Canopy coverage is determined by data from satellite imagery, which is compared to data collected in earlier years to identify the change (increase or decrease) in the tree canopy coverage over the land below. Previous measurements of the tree canopy showed 44% cover in 2009, 40% cover in 2014, and 38% cover in 2018.1 Data from satellite imagery on the City’s tree canopy cover should be obtained about every 5 years. Therefore the next satellite measurement 1 The TLB strongly believes that the tree canopy in the City likely has decreased below 38% as of 2021. 0352 021 should be made in 2023 or as information or conditions permit. The results of future satellite imagery can provide a comparison measurement as to the change in tree canopy coverage. The proposed recommendations are intended to discourage private landowners from removing healthy canopy trees and encourage them to plant replacement trees for those that must be removed because they are damaged, diseased, or dead. Applicability The following trees are considered part of the City's Urban Forest and are subject to the provisions of this policy: 1. Public trees in public rights-of-way or on property owned by the City or any governmental agency. 2. Trees on private residentially zoned property with trunks that measure greater than 36 inches in circumference (12-inch diameter), measured at 4 1/2 feet above ground level. If a tree divides into branches at less than 4 1/2 feet height, the trunk shall be measured immediately beneath the dividing point. 3. Trees measuring greater than 120 inches in circumference (38-inch diameter) are considered Heritage Trees. A Heritage Tree is a large individual tree with unique value, which is considered irreplaceable. If a Heritage Tree is in a healthy, non-hazardous condition it cannot be removed. Requirements No person shall remove or destroy any tree in the City's Urban Forest (as defined above), undertake construction or other action that significantly detracts from the health or growth of such a tree, or prune more than 20% of such a tree, without first applying for and obtaining a permit from the City. NOTE: A tree removal application shall not be required in or as a result of an emergency situation. The removal of trees destroyed or severely damaged during or immediately following an emergency (hurricane, tropical storm, tornado, or any other act of nature) shall be granted an exemption from the application process when the Public Works Director, or designee determines that permitting requirements will hamper private or public work to restore order and or safety. The removal of trees that pose imminent danger to the public health, safety and general welfare may be granted a verbal authorization by the Public Works Director, or designee to remove the tree; a tree removal application is required to be submitted within 72 hours of the removal. Permit An application for a permit to prune more than 20% of a tree or to remove a tree from private property must be filed with the City, for data collection purposes. There is no fee associated with either the application or the permit. The application shall be submitted by the property owner or the property owners’ authorized agent. Tree pruning or removal applications for trees less than 36” in circumference will be approved. Tree removal applications submitted for tree(s) 36” or larger in circumference will be inspected 0363 022 and receive a level II tree risk assessment conducted by the Public Works Director, or designee, to determine the progression of the application. The applicant will be notified of the status of the application. A tree removal permit will be issued if the tree is determined to be dead, diseased, hazardous to the safety of persons or property in a way that cannot be addressed by using the current tree care, ANSI Z Standards (American National Standard Institute), or is deemed either an invasive species (as identified on the list maintained by the Maryland Invasive Species Council) or undesirable because of its location, condition, or effect on other structures or trees.2 Additional factors may also be considered in the decision, such as: ● the overall health of the tree; ● the potential hazards associated with the tree; ● 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; ● the extent to which the area would be subject to environmental degradation due to removal of the tree or trees; ● the extent of the tree canopy in the immediate area; and ● the applicable county zoning and state law. A permit for removal will be issued if the tree is located in a place proximal to houses or utilities, or in a place that would make it difficult for a property owner to expand the footprint of the house in conjunction with an approved building permit from the County and City. If at the conclusion of the basic level II assessment, the applicant disputes the findings by the Public Works Director or designee, they can obtain a second opinion.3 At this point, the applicant will have the opportunity to select a third-party assessor, which is an International Society of Arboriculture (ISA) certified arborist or a Tree Risk Assessment Qualified arborist, licensed and insured to perform tree assessments in the State of Maryland, to determine the condition of the tree. The selected arborist will perform an advanced level III assessment and provide a written report of the findings with recommendations. The results of the level III assessment shall be provided by the applicant to the Public Works Director to review for further consideration of the tree removal application. The City will provide reimbursement to the applicant for one-half of the cost of the certified arborist’s level III assessment. An approved permit must be conspicuously posted on the property until the tree is removed. Tree permits are valid for one year from the date issued. Process The Public Works Director or designee will administer the program, including receipt and 2 A list of Maryland’s invasive species can be found at https://mdinvasives.org/species-of-concern/# 3 A tree risk assessment, in short, is a process used to determine the overall risk that a tree, or its parts, poses to potential targets (people, vehicles, buildings, other things of value or importance). All trees pose a potential risk of some level, but that doesn’t mean that every tree should be removed. Most trees' risk levels are very low and often don’t need any immediate attention to eliminate risk. A tree risk assessment is used to determine which trees pose a threat by having a high likelihood of failure within a specified time frame. 0374 023 evaluation of applications, issuance or denial of tree removal and replacement permits, and collection of fees. If a person disputes a decision by the Public Works Director, that person may appeal the decision, in writing, to the College Park Tree and Landscape Board within 15 business days of the date of permit denial. The applicant will be invited to the next Board meeting following the 15 day appeal date to review their application. The Board will evaluate all the information presented by the applicant and will make a final decision within one month of the applicant review process. Enforcement and Penalties If a person removes or prunes more than 20% of a tree that is considered part of the City’s Urban Forest as defined above without receiving a permit, the person will be issued a municipal infraction and assessed a $500 fine to be paid to the City's Tree Canopy Enhancement Program fund (or other designated fund where contributions would be preserved from year-to-year). B. Increase in TCEP Reimbursements The Tree and Landscape Board (TLB) supports the Department of Public Works’ request for an increase in funding of the Tree Canopy Enhancement Program (TCEP). We suggest offering City residents reimbursement for tree plantings up to $250 per fiscal year. (Current reimbursement is $150 per year.) In addition, the TLB proposes using TCEP funds to promote targeted marketing of the TCEP program to City residents, in order to increase awareness of the program. C. Education Campaign The TLB will partner with the City and the Council in initiating an educational campaign on the importance of the City’s tree canopy and the purpose of the program. It is important to share with the City’s residents: 1) the Council’s strategic goal of increasing the urban tree canopy by 5% by 2025, and 2) that based on the SavATree assessment, the greatest potential to increase the canopy is on private land. Informational flyers should be disseminated to every resident’s address that include facts, graphics, and direction to the City’s Trees site. Additionally, the TLB, CBE, and Council can host educational events on tree maintenance, tree planting techniques, and biodiversity. D. Building Relationships with Maryland National Capital Park and Planning Commission (M-NCPPC) and the University of Maryland Since College Park has no permitting or land use zoning authority, all construction and development projects are reviewed and permitted by M-NCPPC and Prince George’s County Department of Permitting, Inspection and Enforcement (DPIE). The TLB, with the assistance of the College Park Planning Director, plans to meet with M-NCPPC to better understand tree mitigation requirements as they pertain to construction and development projects in the City, and will begin a discussion to explore ways the City can work with M-NCPPC to address and minimize the loss of City tree canopy, as new developments are proposed. The University of Maryland (UMD) and the City of College Park recently agreed to extend their strategic partnership. One of the goals of “University Community Vision 2030” is to build a 0385 024 sustainable environment for both the residents of College Park and the UMD community.4 One dimension of that environment is the tree canopy. The University of Maryland is a level IV certified arboretum, which is integral to its stormwater mitigation strategic plan. Both the City of College Park and UMD have a goal of increasing the tree canopy to 40% in the next 5 years. For purposes of measuring the tree canopy, the UMD tree canopy is included in the City tree canopy assessment. To meet challenges of finding space for replacement trees, the City and University could collaborate to locate tree replacement plantings on campus when trees are lost due to development projects. This collaboration might include partnering on the University’s GIS-based tree management system.5 PHASE 2 A. Additional Requirements for Tree Canopy Protection Policy (Permit Program) Tree Replacement Required Replacement trees are strongly encouraged, but not required for trees removed between 24” and 36” circumference; removed trees 36” or larger in circumference will require replacement. Removal of an Urban Forest tree, as defined above, requires replacement trees based on the circumference of the tree to be removed, as listed below: ● 36”- 47” circumference: replace with 1 tree ● 48” circumference and greater: replace with 2 trees The applicant’s property is the preferred location for planting replacement tree(s). If no suitable planting site can be identified on the applicant’s property, a neighboring property can be selected/utilized with appropriate consent. Partnerships with M-NCPPC and UMD may also yield suitable planting sites. If a suitable location cannot be identified, or an applicant is unable or unwilling to comply with the Tree Replacement Requirements by planting replacement tree(s) on their own, or a neighboring property, they may instead make a contribution/payment to the City's Tree Canopy Enhancement Program fund (or other designated fund where contributions would be preserved from year-to-year) based on the tree circumference of the tree to be removed (as listed below): ● 36”- 47”: $250 ● 48” and above: $500 Property owners that can demonstrate financial hardship may request a waiver of a contribution/payment to the Tree Canopy Enhancement Fund. Following the removal of any tree, all property owners are strongly encouraged to replace the 4 https://www.collegeparkmd.gov/AgendaCenter/ViewFile/Agenda/_10202020-1047 5 Each tree on campus is georeferenced and can be identified on the UMD Arboretum’s interactive map. https://maps.umd.edu/abg/ 0396 025 tree loss on their property. Property owners are eligible to receive reimbursement funding for required replacement trees from the City's Tree Canopy Enhancement Program (TCEP) fund as identified in the TCEP guidelines. Replacement tree(s) species shall be approved prior to planting and planted within 6 months from the date tree removal is complete. Replacement trees shall meet the tree size guidelines specified in the TCEP, whether or not reimbursement from the fund is requested. Requests for reimbursement will be processed 6 months after planting, only if the replacement tree(s) is (are) alive and healthy, in the opinion of the Director of Public Works or designee. Enforcement and Penalties If an applicant removes a tree in the urban forest per issuance of a permit but does not replant all replacement trees as required within 6 months, the applicant shall be charged a $500 fine per replacement tree to be paid to the City's Tree Canopy Enhancement Program fund (or other designated fund where contributions would be preserved from year-to-year). B. Creation of City Tree Registry To obtain data about the private tree canopy in College Park, the City will develop a survey for residents to inventory the number, species, and size of the trees on their private property. Upon return of this information, it will be used to develop a City Tree Registry which will be maintained as a virtual map on the City’s public website using a Geographic Information System (GIS). The City may be able to collaborate with UMD's GIS-based tree management system. Residents with private trees on the registry will be eligible for tree maintenance grants through the Tree Maintenance Fund. C. Creation of a Tree Maintenance Fund (TMF) The City of College Park has no permitting or land use zoning authority; all construction and development projects are reviewed and permitted by the Maryland National Capital Park and Planning Commission (M-NCPPC) and Prince George’s County Department of Permitting, Inspection and Enforcement (DPIE). All property owners are encouraged to support the current canopy by maintaining their trees. However, concern with the expense of mature tree maintenance has been voiced by residents. TLB recommends that the City create a Tree Maintenance Fund (TMF) with a suggested annual contribution from the City of $10,000. The TMF will be a fund where property owners can apply for rebates to offset tree maintenance expenses for trees greater than 24” in circumference. Funds may also be used to offset the price of tree assessments on private property. To qualify for funding, residents must demonstrate financial hardship or participate in the City’s tree registry. The Tree Maintenance Fund would be a revolving fund, where unspent funds will carry over to the following year. During the planning stage of a new construction/development project, College Park’s Mayor and City Council and City Planning Department review these projects and have the ability to provide comments and suggestions. This planning stage is an opportunity for the City to protect trees by encouraging developers to mitigate tree canopy loss by replacing trees lost to new construction, with the caveat that replacement occurs within City limits. If this is not possible, the developer should be encouraged to contribute to the City’s Tree Maintenance Fund. 0407 026 PHASE 3 A. Building relationship with Prince George’s County Currently the state of Maryland allows developers to mitigate tree loss anywhere in the state. The TLB will work with the City and the Council to develop a working relationship with Prince George’s County in order to identify avenues for tree mitigation within the City’s boundaries. Therefore, when developers remove trees in the City of College Park, they should be required to replant within the City. Additionally, the TLB will request the County to allow trees on private property to be eligible for the County’s rain check rebate program to decrease a residents’ cost to plant trees on their property. 0418 027