CHAPTER 21C

BEAUTIFICATION AND TREE PRESERVATION

21C-1.   Purpose.

21C-2.   Definitions.

21C-3.   Creation and establishment of a  Beautification and Tree Preservation Committee.

21C-4.   Duties and responsibilities.

21C-5.   Purposes and functions for beautification.

21C-6.   Rules and procedure.

21C-7.   Street tree planting guidelines.

21C-8.   Park tree guidelines.

21C-9.   Public tree care.

21C-10. Rights of adjacent property owners.

Sec. 21C-1.  Purpose.

The Council recognizes the ecological, economic and amenity value and benefit of trees, forests, and natural vegetation in the City.  The purpose of this Chapter is to provide for the beautification of the City through the planting, preservation and protection of trees, forests, and natural vegetation within the corporate limits of the City through various methods which shall include but are not limited to landscaping, preservation/conservation or reforestation efforts.

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Sec. 21C-2.  Definitions.

(a)  "Street trees" are defined as trees, shrubs and bushes on land lying between property lines on either side of all streets, avenues, or, right-of-ways within the City or within landscape easements dedicated to the City to provide a location for street trees.

(b)  "Park trees" are defined as trees, shrubs, bushes and all other woody vegetation in public and private parks within the City having individual names, or to which the public has free access as a park.

(c)  "Public trees" are defined as trees, shrubs, bushes and all other woody vegetation on all other publicly owned City land within the City limits which do not fit the street trees or park trees definitions.

(d)  "Forests" are defined as a biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater.  This includes areas that have at least 100 trees per acre with at least 50% of those trees having a 2-inch or greater diameter at 4.5 feet above ground level.  This includes areas that have been cut but not cleared.

(e)  "Specimen trees" are defined as particularly impressive or unusual examples of a species due to size, shape, age or any other trait that defines the unique character of the species.  This shall include historic and unique trees over 100 years of age located in forested and environmentally sensitive areas or trees judged to be unique by the Maryland Department of Natural Resources Forest, Park and Wildlife Service or Maryland-National Capital Park and Planning Commission.

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Sec. 21C-3.  Creation and establishment of a City Beautification and Tree Preservation Committee.

There is hereby created and established a Beautification and Tree Preservation Committee for the City of Bowie which shall consist of twelve members who are registered voters in the City of Bowie who shall be appointed by the City Council.  The  Committee may divide its responsibility and establish such subcommittees as it may deem appropriate to focus on the issues of beautification and tree preservation.

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Sec. 21C-4.  Duties and responsibilities.

(a)  It shall be the responsibility of the Beautification and Tree Preservation Committee to study, investigate, propose and/or revise annually a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along City streets and in other City owned areas or areas maintained by the City, including plans for additional beautification of the City.

(b)  The written plan shall include, but is not limited to, the following:

(1) A description of the plans and implementation of projects undertaken by the Committee for the beautification of the City.

(2)  A statement of the City's annual progress in meeting the City's commitment to its re-leaf program.

(3)  Identification of important and critical areas in which trees are to be saved.

(4)  A statement of goals for a continuous net increase of forest cover within the City.

(5)  Identification of specimen trees and areas for reforestation and possible acquisition by the City for perpetual conservation within the City.

(6)  Identification of priority sites for mitigation activities resulting from or caused by development or construction activity.

(7)  Recommendations for future opportunities to expand tree growth in City parks and to develop street tree planting concepts within the City.

(8)  Recommendations as to criteria to be used by the City staff with regard to tree preservation during the process of reviewing development projects.

(c)  The plan will coordinate its recommendations with the tree preservation, protection and reforestation efforts conducted by the State of Maryland and Prince George's County.

(d)  The Committee will advise citizens and the City on such issues as

(1)  Tree preservation on private property;

(2)  Means of encouraging public awareness of the value of community trees and forest preservation.  The Committee shall work with the Beautification Committee, the Heritage Committee and the Advisory Planning Board as appropriate.  The Committee may assist in environmental assessment activities, as appropriate, upon request from the City Council.

(e)  The plan will be presented annually to the City Council and upon the Council's acceptance and approval shall constitute the official comprehensive City tree plan for the City of Bowie.

(f)  The Committee may consider, investigate, make findings, report and recommend to the City Council upon any special matter or question coming within the scope of its work.

(g)  The City Council may consider mutual assistance agreements in instances where specimen trees are located on private property.

(h)  To aid in the preservation of forests and environmentally sensitive areas, the Committee may consider such recommendations as creating preservation easement with the consent of the owner.

(i)  Action and input by the City and this Committee is not intended, unless specifically provided in this section, to change the maintenance responsibilities for landscaped or other areas within the City.

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Sec. 21C-5.  Purposes and functions for beautification.

The Beautification and Tree Preservation Committee shall set goals and objectives for the beautifi-cation of the City of Bowie and its vicinity which shall include recommendations concerning:

(a)  The aesthetics of entrance routes to the City.

(b)  Small publicly owned areas along various travel routes, including landscaping, planting of appropriate types of shrubbery and other improvements the Committee may recommend from time to time.

(c)  To provide a channel of communication between residents and business leaders of the “Greater Bowie Area” and the Bowie City Council regarding concerns for the beautification of the community.

(d)  To offer advice to the City Council in matters affecting beautification of the City and the planting of trees in public areas.

(e)  To review and make recommendations concerning matters assigned to the Committee by action of the City Council.

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Sec. 21C-6.  Rules of Procedure.

The Beautification and Tree Preservation Committee shall be governed by the provisions of R-65-86, as amended, from time to time, establishing the Rules and Regulations of City Committees.  The Committee shall keep minutes of its proceedings and all findings and recommendations shall be reduced to writing and entered as a matter of public record in the Office of the City Clerk.  In matters concerning the procedure for meetings not covered by R-65-86 or this Chapter, the Committee may establish its own rules subject to approval by the City Council, and by the City Attorney for legal sufficiency.

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Sec. 21C-7.  Street tree planting guidelines.

Street tree planting guidelines shall be as specified in the City of Bowie General Specifications and Standards for Storm Drain and Street Design and Construction.

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Sec. 21C-8.  Park tree guidelines.

The Beautification and Tree Preservation Committee may recommend in writing to the City Council the planting, replanting and enhancement of existing park tree designs for all public and private parks within the City.  The scope of such recommendations may include the enhancement of common spaces within residential developments that are dedicated to and maintained by homeowners' associations.  Specific enhancement plans should strive to create and/or recapture treed, park-like settings.

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Sec. 21C-9.  Public tree care.

The City Beautification and Tree Preservation Committee may recommend in writing to the City Manager, removal of 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 affected with any injurious fungus, insect or other pest.

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Sec. 21C-10.  Rights of adjacent property owners.

This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of said trees is in accordance with Section 21C-7 of this Chapter.

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(Chapter 21C is amended by Ordinance O-2-97, adopted 3/3/97, effective 4/3/97).