In order to preserve the qualities and character of the Town ways, the roads, streets and ways set forth in §
90-3 below are designated as scenic roads under the provisions of Massachusetts General Laws Chapter 40, Section 15C.
A. The Town of Harvard adopts the provisions of Massachusetts General Laws Chapter 40, Section 15C, as amended, which provides, in part, that any repair, maintenance, reconstruction or paving work done with respect to any road, as defined in §
90-2 of this chapter, designated as a scenic road in §
90-3 of this chapter, shall not involve or include the cutting or removal of trees, or the tearing down, destruction, or alteration of stone walls or portions of stone walls within the right-of-way of a designated scenic road, except with prior written consent of the Planning Board after a public hearing.
B. A scenic road consent is not required for the temporary removal and
replacement of a stone wall at the same location with the same materials,
but only if the Harvard Department of Public Works shall be notified
before the work begins so that it can confirm that the wall is properly
replaced.
[Amended 10-16-2021 ATM by Art. 9]
C. The Planning Board shall consider, among other things, the public
safety, scenic views, preservation of historic and regional characteristics,
and preservation and enhancement of natural and aesthetic qualities
of the environment.
D. After public notice and public hearing, the Planning Board may promulgate
rules to accomplish the purposes of this bylaw, effective when voted
and filed with the Town Clerk. Failure by the Planning Board to promulgate
such rules or a legal declaration of their invalidity by a court of
law shall not operate to suspend or invalidate the effect of this
bylaw.
The following definitions shall apply in the interpretation
of this bylaw.
CUTTING OR REMOVAL OF TREES
The removal of one or more trees, trimming of major branches,
or cutting of roots sufficient in the Tree Warden's written opinion
to cause eventual destruction of a tree. However, such cutting or
removal shall not be construed to include clearing of nuisance growth,
routine or emergency tree maintenance which removes only permanently
diseased or damaged limbs, trunks or roots and dead whole trees, or
thinning out of overcrowded trees as determined by the Tree Warden,
but shall include such cutting or removal done in contemplation of,
or following the repair, maintenance, reconstruction or paving work
for a road.
ENFORCING OFFICIALS
The following Town officials are deemed to be enforcing officials
for the purposes of this chapter and bylaw: The Planning Board, Select
Board, Chief of Police or any police officer of the Town, Tree Warden,
and Building Commissioner.
[Added 10-16-2021 ATM
by Art. 9]
REPAIR, MAINTENANCE OR RECONSTRUCTION
Any such work done within the right-of-way by any person
or agency, public or private, including, but not necessarily limited
to, any work on any portion of any right-of-way which was not physically
commenced at the time the road was designated as a scenic road; and
the construction of any new driveway or private way or the alteration
of any existing driveway or private way in so far as such alteration
takes place within the right-of-way when such work involves the cutting
down of trees or the destruction of stone walls.
RIGHT-OF-WAY
The area on and within the boundaries of the public way.
If the boundaries are unknown, any affected trees or stone walls shall
be presumed to be within the public right-of-way until shown to be
otherwise.
ROAD
The entire right-of-way of a way used for vehicular travel
and appurtenant structures and facilities including, but not limited
to bridge structures, drainage systems, retaining walls, traffic control
devices, sidewalks, pedestrian facilities, and the air space above
them, but not intersecting streets or driveways.
TEARING DOWN OR DESTRUCTION OF STONE WALLS
The defacement, removal, physical covering (other than naturally
occurring plant covering) or rearrangement of a stone wall as defined
herein. Temporary removal and replacement at the same location with
the same materials is permitted without Planning Board consent, but
only if the Harvard Department of Public Works is notified before
the work begins so that it can confirm that the wall is properly replaced.
TEMPORARY REMOVAL OF STONE WALLS
The temporary removal and replacement at the same location
with the same materials completed within two years.
[Amended 10-16-2021 ATM by Art. 9]
TREE
For the purposes of this Scenic Road Bylaw only, a living
tree whose trunk has a diameter of 1.5 inches or more as measured
one foot from the ground. All trees so defined within the right-of-way
of a designated scenic road or on the boundaries thereof shall be
subject to this bylaw. If, for whatever reason, it is uncertain as
to whether a tree is within the right-of-way of a designated scenic
road, it shall be presumed to be subject to the provisions of this
bylaw and the provisions of Massachusetts General Laws Chapter 40,
Section 15C until the contrary is shown. Nothing in this definition
shall be construed to permit a person, other than the Tree Warden
or his deputy, to trim, cut down or remove a public shade tree.
[Added 10-16-2021 ATM by Art.
9]
A scenic road application shall conform to the following design
standards:
A. Driveways.
(1) Driveway standards shall be consistent with the Code of the Town of Harvard, §
125-31, Driveways.
(2) Driveways shall be located in a manner that minimizes the required
cut and fill, so as to preserve the existing topography to the greatest
extent possible.
(3) No tree with a trunk diameter exceeding four inches or more, as measured
one foot from the ground, shall be cut for a driveway unless said
driveway cannot be safely located otherwise.
B. Stone walls.
(1) Removed portions of a stone wall for any purpose shall be used to
repair other sections of the wall along the right-of-way.
(2) No stone wall shall be cut without construction of an appropriate
terminus. Appropriate end points consist of: stone wall with tapered
ends turning back onto the lot along the driveway, but shall remain
in the right-of-way; stone piers; or granite posts.
(3) Reconstructed portions of stone walls shall use materials that match
the existing wall.
C. Tree replacement.
(1) For each tree to be removed that exceeds four inches in diameter
measured from one foot above ground level, a native, nursery-quality
tree(s) shall be planted, or an equivalent payment into the Town-wide
Tree Replacement Fund shall be made. Species type and location, with
the advice of the Tree Warden, shall be suitable to the Planning Board.
(2) The cost of the tree(s), amended soil, if applicable, and the labor
for planting the tree(s) is to be paid by the applicant.
(3) Payment covering the cost of said tree(s), soil amending, if applicable,
and planting labor shall be made to the Tree Reserve Fund for the
period of two years. If the tree(s) survive two years, the funds shall
be returned to the applicant.
(4) This section shall include projects undertaken by the Town of Harvard.
D. The Planning Board may waive the design standards, as set forth under this §
90-4, if it finds that sight lines create a public safety risk.
[Amended 10-22-2018 STM by Art.
1; 10-16-2021 ATM by Art. 9]
A. Failure to file with the Planning Board for permission to cut or
remove trees or for destruction of any portion of a stone wall within
the right-of-way of the scenic road shall require an immediate filing
as detailed above and shall be subject to restoration of the features.
The restoration shall consist of replacing the stone wall as necessary
and replacing the trees on a square-inch per square-inch basis at
locations specified by the Tree Warden. A square-inch per square-inch
replacement means that the combined area of the replacement trees
measured one foot above ground level must equal the total area of
the original tree trunk as measured at the stump.
B. Failure to comply with the duly issued decision of the Planning Board
shall be subject to restoration as detailed above and other remedial
measures the Planning Board deems necessary, including, but not limited
to, enforcement of the funding and restoration detailed above.
C. The enforcing official shall have the authority to enforce this bylaw,
its regulations and permits issued thereunder by violation notices
for noncriminal disposition under MGL Chapter 40, Section 21D, and
civil and criminal court actions.
D. Enforcing officials may issue a citation for the violation of this
bylaw and shall take appropriate action in the name of the Town of
Harvard to prevent, correct, restrain or abate such violations. Violators
shall be subject to a fine of $300 as set forth under the Scenic Road
Act, MGL Ch. 40, Section 15C. Each day that a violation continues
shall constitute a separate offense, until an application is made
to the Planning Board. In addition, the Planning Board and Building
Inspector may withhold or revoke any current or pending permit on
the property associated with said violation.
E. Criminal complaint. Whoever violates any provision of these bylaws
may be penalized by indictment or on complaint brought in the district
court. Except as otherwise provided by law and as the district court
may see fit to impose, the maximum penalty for each violation, or
offense, brought in this manner, shall be $300.
The invalidity of any section or provision of this bylaw shall
not invalidate any other section or provision thereof, nor shall it
invalidate any permit, approval or decision, which previously has
been issued.
[Added 10-16-2021 ATM
by Art. 9]
A decision of the Planning Board shall be reviewable in the
Superior Court in accordance with Massachusetts General Laws Chapter
249, Section 4.