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Town of Barnstable, MA
Barnstable County
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Table of Contents
Table of Contents
Code
New Laws (7) Index
A valid tree work permit shall be obtained prior to doing any of the following work:
A. 
Trimming of Town trees.
B. 
Excavation within or adjacent to the public right-of-way or public property which may disturb roots of Town trees, including but not limited to the installation of utilities.
C. 
Removal of Town trees.
This chapter shall not apply to:
A. 
The clearance of trees and brush under major, cross-country transmission lines belonging to electric utility companies, except that this chapter shall apply to work in the vicinity of such utility lines along roadways.
B. 
Work being done by the Town of Barnstable, or under contract to the Town of Barnstable, except where tree removal is subject to the jurisdiction of agencies listed in § 221-19 below.
C. 
Maintenance and beautification of shrubs and trees within the public right-of-way which overhang private property, by the adjacent property owner, except that removal of any Town tree shall be subject to all applicable laws and regulations pursuant to § 221-19 below.
Application for a tree work permit shall be made to the Tree Warden a minimum of 15 business days prior to commencement of the planned work, except in an unforeseen emergency. Application for work on conservation lands shall be submitted to the Conservation Commission.
All wood disposal is the responsibility of the utility or the contractor, except when specific direction is given by the Department of Public Works or the Conservation Commission to deliver to an in-town location. Chipping of brush and cleanup of all stumps, wood and other debris shall be a continuous operation. Stumps of trees shall be removed to the surface of the ground so that tops of stumps do not project above the surface of the ground, so that cleared areas can be maintained by mowing, and to provide safe passage for pedestrians.
A. 
The Town shall be reimbursed for the total cost of the time of the Tree Warden, or his designee, and support staff, for reviewing work to the Town's trees. Costs shall be assessed through permit application fees or by direct billing.
B. 
Fees may be waived for work done for the benefit of the Town, at the discretion of the Tree Warden.
It is the obligation of the contractor to positively verify that trees to be trimmed or removed are growing within the public right-of-way.
An emergency shall be considered to be breakage which threatens a power location. The utility company or tree contractor shall notify the Tree Warden of the emergency within two business days. In major emergencies, the utility shall notify the Tree Warden as soon as reasonable after the emergency.
All work on Town trees shall be supervised in the field by an attending Massachusetts certified arborist, who shall be responsible for the work performed, and shall maintain regular contact with the Town's Tree Warden. Both the contractor and the utility shall be responsible for ensuring that the bucket operators are trained and knowledgeable of the standards of this chapter, including the ANSI Standard Z-133, and National Arborist Association (NAA) Pruning Standards.
The Tree Warden may cancel a permit or issue a stop-work order without notice.
The Trees Warden's decision under §§ 221-6 and 221-12 may be appealed to the Town Manager.