TreeRemovalProcedures

BACK CREEK LANDING'S PROCEDURES FOR EMERGENCY COMMON GROUND TREE WORK

Download BCL Tree Procedures and Attached Form

• Background
• Emergency Procedures
• Authorization Form for Emergency Tree Work

Background

Previously, BCL has been successful in cutting down damaged trees located in our common areas. BCL has dealt with trees of this type on several occasions:

1. when damaged trees located in the back of homes along Back Creek Drive were threatening the Wood Duck Trail and private property,
2. when a damaged tree located on BCL common area threatened a neighbor's property located on Pea Neck Road, and
3. when another of our trees fell on the garage of said property.

In September 2011, Hurricane Irene caused winds of 50 miles per hour and saturating rains. A significant number of common area trees (oaks and pines), otherwise healthy trees, fell or became uprooted in our common area woods. These trees fell primarily because of the saturated soil and not because they were damaged, declining, or dead. We will continue to respond to common area trees that could cause damage to our neighbors and community homes.

BCL common areas to the east and west of our homes along Back Creek Drive and Hart Glen Court are identified as "non-tidal wetlands" or "critical areas" by the State of Maryland and Talbot County. No tree may be cut, mowed, or removed from these areas. These types of actions are considered violations by the State and County and can result in fines of up to $10,000 per tree.

BCL has devoted a number of years negotiating our ability regarding tree controls in non-tidal wetlands and critical areas with the State of Maryland and Talbot County; we have been allowed these following tree activities pertaining to these areas:

1. We may hire an experienced and licensed arboriculturist to identify trees that could damage one or more of our 40 homes or similarly do damage to neighbor homes.
2. We make certain the licensee receives permission from Talbot County to cut a tree.
3. Trees that are permitted to be cut must remain where they fall on non-tidal wetlands or critical areas. Removing, selling, or chipping of trees is not permitted.
4. In some cases, we have received permission to cut a portion of a fallen tree that obstructed access to our wood paths and/or the water bridges in the non-tidal wetlands or critical areas.

Emergency Procedures

Based on the above information, the Board of Directors believes it is imperative to create written procedures to balance the safety of our homes with the State of Maryland and Talbot County regulations for our valued non-tidal wetlands and critical areas. We ask that BCL residents abide by the following steps when securing emergency BCL tree work:

1. Contact a BCL Board member and explain the situation.
2. A member of the Board of Directors will determine whether the house is in immediate danger.
3. Homeowner photos depicting damage are encouraged to help identify the problem.
4. The homeowner must provide proof that the tree(s) originated on BCL common ground and not on the homeowner's lot.
5. The Board of Directors shall hire an experienced and licensed tree service to remove the tree(s).
6. BCL shall pay the final bill fairly and appropriately.
7. In an emergency involving tree damage or imminent damage to a house and the precise location of the tree or trees cannot immediately be determined, BCL shall employ a tree service company after the homeowner agrees to pay 100% of the bill if the tree or trees in question are located on the homeowner's lot; BCL shall pay 100% of the bill if the tree or trees are located on common ground. If the trees are determined to originate on both the homeowner's and BCL property, the bill will be divided amicably as agreed between the homeowner and BCL.
8. No homeowner shall agree to or contract any work on common ground in general or on non-tidal wetlands/critical areas in particular.
9. Any homeowner renting to a tenant must advise the tenant of all aspects of the BCL's Procedures for Emergency Common Ground Tree Work. The homeowner is ultimately responsible to adhere to all requirements.

Procedures for Common Ground Tree Work was adopted and approved by the BCLCSA Board of Directors on February 25, 2012, in accordance with BCLCSA's By-Laws Article V, Directors, Section 3, Powers and Duties.

Authorization Form for Emergency Tree Work

We hereby agree to the terms and conditions of the Back Creek Landing's Procedures for Emergency Common Ground Tree Work document, which was approved by the BCLCSA Board of Directors on February 25, 2012.

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Date

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Signature

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Signature

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Lot #

This form must be filled out and submitted to a member of the BCL Board of Directors before any emergency tree work commences.