§ 2502. Tree Wardens and preservation of shade trees
(a) The tree warden shall control all shade trees within the municipality
(b)The tree warden and the legislative body of the municipality may adopt a shade tree preservation plan. The plan shall:
(1) describe any program for the planting of new trees and shrubs;
(2) provide for the maintenance of shade trees through feeding, pruning, and protection from noxious insect and disease pests;
(3) determine the apportionment of costs for tree warden services provided to other municipal corporations;
(4) determine whether tree maintenance or removal on specific municipal property shall require the approval of another municipal officer or legislative body; and
(5) determine the process, not inconsistent with this chapter for the removal of:
(A) diseased, dying or dead shad trees; and
(B) any shade trees that create a hazard to public safety, impact a disease or insect control program, or must be removed to comply with State or federal law or permitting requirements.
(c) The shade tree preservation plan may:
(1) map locations or zones within the municipality where all trees in whole or in part within a public way or place shall be designated as shade trees; and
(2) designate as a shade tree any tree in whole or in part within a public way, provided that the tree warden and legislative body of the municipality find that the tree is critical to the cultural, historical, or aesthetic character of the municipality.
(d) The tree warden and legislative body of the municipality shall hold a minimum of one public hearing concerning the shade tree preservation plan for the purpose of soliciting public input. The legislative body shall publish the proposed plan 10 days prior to the public hearing.
(e) For the purpose of promoting the public health, safety, welfare, and convenience, a municipality shall have authority to adopt an ordinance that is not inconsistent with this chapter for the administration of the shade tree preservation plan and the regulation of shade trees. The tree ordinance shall be adopted pursuant to Chapter 59 of this title. (Amended 1969, No. 238 (Adj. Sess), § 1; 2019, No. 171 (Adj. Sess), § 2, eff. November 1, 2020.)