[HISTORY: Adopted by the City Council of the City of Springfield
as Title 8, Ch. 8.20, § 8.20.070, and Title 10, Ch. 10.12,
of the 1986 Code; amended in its entirety 3-18-2024.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also changed the title of this
chapter from "Trees" to "Tree Protection."
The City of Springfield finds that mature trees provide benefits
to its residents, businesses, and visitors, including improved air
quality, aesthetics, flood and drainage control, soil stabilization,
increased energy efficiency, reduced ambient temperature, wildlife
habitat, contribution to the distinct character of neighborhoods,
and enhanced property values. Therefore, the City determines that
the preservation and protection of publicly owned trees and certain
trees on private property are public purposes that protect public
health, enhance environmental quality, mitigate climate change, and
improve overall quality of life and welfare.
When used in this chapter, the following definitions shall apply:
Diameter of a tree trunk (in inches). For trees up to four
inches in diameter, caliper is measured six inches above the existing
grade at the base of the tree. For trees larger than four inches in
diameter, caliper is measured 12 inches above the existing grade at
the base of the tree.
Refers to actions limiting the magnitude and rate of future
climate change by reducing greenhouse gas emissions and/or advancing
nature-based solutions.
Area of soil around a tree trunk where roots are located
that provide stability and uptake of water and minerals required for
tree survival.
The standard measure of tree size for those trees that are
at least four inches in diameter at a height of 4.5 feet from the
existing grade at the base of the tree. If a tree splits into multiple
trunks below 4.5 feet above the existing grade, the DBH shall be considered
to be the measurement taken at the narrowest point beneath the split.
Area of ground located under a tree bounded by the extent
of the branches.
Any person, firm, partnership, association, corporation,
company, or organization of any kind including public utilities.
Remove branches or roots from a tree or other plant.
Any tree described in MGL c. 87, § 1.
Any tree planted on adjoining property as described in MGL
c. 87, § 7.
Any tree which is 75 years old or older, or which has a DBH
of three feet or more on public or private property.
Area within the street or roadway right-of-way suitable for
growing trees.
An area to be defined or approved for each individual tree
by the City Forester surrounding the trunk of the tree intended to
protect branches, roots, and soil, and to ensure the future tree health
and stability.
Any act that causes a tree to die or will cause a tree to
die within a three-year period as determined in the reasonable opinion
of the City Forester. The word "remove" and variations thereof, when
used in this chapter, shall refer to "tree removal."
The value of any tree per § 368-8, Violations and penalties, shall be calculated using the Reproduction Method Truck Formula Technique.
The terms and provisions of this chapter shall apply to any proposed activity affecting a public shade tree or significant tree as defined by § 368-2, an activity affecting a City-owned tree, any activity on City property, and any activity that requires the issuance of a street occupancy permit. No street occupancy permit shall be issued by the City without it being determined that the proposed activity is in conformance with the provisions of this chapter.
There is hereby established a City of Springfield Tree Replacement
Revolving Fund which shall be held by the City Treasurer in an account
administered by the Department of Parks, Buildings, and Recreation
Management, Forestry Division, in accordance with applicable provisions
of the General Laws. Any fines, fees or other payments collected pursuant
to this chapter shall be deposited in said Tree Replacement Fund and
shall be used solely for the purpose of buying, planting, and maintaining
trees in the City, and administering the provisions of MGL c. 87.
A.
Duties under MGL c. 87. The Park Commission is hereby designated
as the City's tree warden for purposes of MGL c. 87, § 4.
The Park Commission may delegate any or all of its duties under MGL
c. 87 to the City Forester.
B.
Wires in contact with trees.
(1)
No electric wires, cables, guys, poles, cross arms, brackets, insulators
or other wires or other fixtures of any type shall be attached to
or come in contact with any public shade tree or other City-owned
tree without the prior consent of the City Forester.
(2)
All wires, cables, guys and wire fixtures now attached to or in contact
with such trees without the City's consent may be ordered removed
by the City Forester in his sole discretion, the cost of such removal
to be the responsibility of the person owning such wires, cables or
fixtures.
C.
Cutting and injuring trees. No person shall cut down, remove, prune,
trim branches, injure (including damage by vehicle) or destroy any
public shade tree or other City-owned tree unless said person has
obtained a permit or approval to do so in accordance with this chapter.
D.
Construction activities.
(1)
The City Forester shall be notified of any project impacting or occurring adjacent to a public shade tree or other City-owned tree. Such notification shall occur at the time of application for a new construction permit or street occupancy permit by the Building Commissioner's Office or Department of Public Works. See § 368-5F for mitigation requirements for construction activities.
(2)
Adequate tree protection zones as determined by the City Forester
will be provided by any person performing construction activities
near a public shade tree or other City-owned tree. Tree protections
zones shall be in place prior to the commencement of work and remain
in place until all work is complete. Excavation within the tree protection
zone must be reviewed and approved in advance by the City Forester.
E.
Procedures.
(1)
Public shade tree removal. Any person seeking to remove a public shade tree shall submit an application to the City Forester. Upon review, the City Forester shall determine if it is necessary to hold a public hearing on the application at the expense of the applicant, in accordance with the provisions of MGL c. 87. If removal of the public shade tree will comply with § 368-5F of this chapter, the City Forester shall issue a permit for the removal of such tree. The permit may specify schedules, terms, and conditions of removal. The public shade tree removal permit fee shall be $25. The public shade tree removal hearing fee shall be $400. Objections to tree removal must be submitted in writing to the City Forester, who will submit the objection to the Mayor for final approval or rejection of the tree removal.
(2)
Public shade tree pruning. Any person seeking to prune or trim a
public shade tree shall submit an application to the City Forester.
Upon review, the City Forester may issue a permit for approved work
to be completed. The permit may specify schedules, terms, and conditions.
The public shade tree pruning permit fee shall be $25.
(3)
Planting of trees on City-owned land. Any person seeking to plant
a tree on City-owned land shall submit an application to the City
Forester. Upon review, the City Forester may issue a permit for approved
work to be completed. The permit may specify schedules, terms, and
conditions. There shall be no fee for a public shade tree planting
permit.
(4)
Stump removal on City-owned land. Any person seeking to remove a
stump on City-owned land shall submit an application to the City Forester.
Upon review, the City Forester may issue a permit for approved work
to be completed. The permit may specify schedules, terms, and conditions.
There shall be no fee for a public stump removal permit.
F.
Mitigation. A City-owned tree that is not a public shade tree or significant tree shall not be removed without prior written approval from the City Forester in consultation with the controlling authority of such City-owned land where the tree is situated. Upon review, the City Forester may condition such approval on the applicant's satisfaction of § 368-5F(1), (2) or (3). A public shade tree shall not be removed unless the procedures outlined in § 368-5E and at least one of the following provisions are satisfied:
(1)
Replacement or replanting of trees. Such replacement or replanting
shall be on the basis of one-inch caliper of new trees for each inch
of DBH of tree(s) removed, and each replanted tree must have a minimum
caliper of two inches and be of a quality and variety approved by
the City Forester. The replacement or replanting shall occur no later
than 12 months after issuance of the permit on public land deemed
fit by the City Forester; or
(2)
Payment in lieu of planting replacement tree(s). In lieu of planting a replacement tree(s) as provided in § 368-5F(1), a person who has applied to remove a public shade tree under § 368-5E shall make a contribution to the City of Springfield Tree Replacement Fund in an amount equal to the cost to replace the tree. Such contribution shall be $50 per DBH inch of public shade tree removed, not already mitigated under § 368-5F(1); or
A.
It is unlawful for any person to cut, trim, prune or remove, in whole
or in part, any significant tree, even if such person is the owner
of the fee in the land on which such tree is situated, except upon
a permit, in writing, from the City Forester, and only to the extent
of the terms and conditions of such permit.
B.
The City Forester shall grant such permit only upon a showing by
a preponderance of the evidence that the continued present state of
such tree endangers persons or property or is diseased or damaged.
C.
Each person shall be responsible for ascertaining the age and diameter
(DBH) of any tree prior to such person cutting, trimming or removing
same.
D.
A person who is aggrieved by the provisions of this section may apply
directly to the Park Commission for a permit to cut, trim or remove,
in whole or in part, any significant tree which is otherwise protected
under this section so long as such Commission, in the exercise of
its discretion, is satisfied that such applicant would sustain a hardship,
financial or otherwise, which outweighs any detriment to the public
interest that would result in the application of this section. For
the purpose of this section, "hardship" is the loss of an advantage.
It may include, but is not limited to, a monetary advantage or the
advantage to put property to a particular use.
A tree located on private property that has a defect that renders
it, in whole or in part, unsafe or inconvenient for ordinary travel
within the public way, as determined by the City Forester, shall be
made safe for such use by the owner of such tree within a reasonable
time period as ordered by the City Forester. If ordered risk tree
mitigation is not performed within allotted time, the City Forester
shall order the work to be completed by a preapproved vendor of the
City of Springfield at the cost of the property owner.
A.
Any person who removes or prunes a public shade tree in violation
of this chapter shall be fined up to $500 per violation or up to triple
damages of the valuation of the tree, as set forth in MGL c. 242,
§ 7. Any person with two or more public shade tree violations
of this chapter shall be subject to triple damages of the value of
the tree, as set forth in MGL c. 242, § 7. The Park Commission
shall set the amount of the fine after considering the circumstances
of the violation(s).
B.
Any person who violates any other section of this chapter shall be
fined up to $500 per violation or up to triple damages of the valuation
of the tree, as set forth in MGL c. 242, § 7. The Park Commission
shall set the amount of the fine after considering the circumstances
of the violation(s).
C.
Any person assessed a fine under this section may appeal the amount
or validity of said fine to the Park Commission. Appeals shall be
initiated by sending the Park Commission a written statement setting
forth the basis of the appeal and the requested relief. Such written
statement must be received by the Park Commission or its secretary
or designated representative within 30 days of the date of the fine.
The Park Commission may, in its discretion, act on the appellant's
written appeal or schedule a public hearing on the appeal. The Park
Commission may make rules and regulations governing the conduct of
public hearings held under this section, provided that such rules
and regulations are consistent with this chapter and other applicable
law. In disposing of an appeal, the Park Commission may: 1) uphold
the fine; 2) alter the amount of the fine; or 3) dismiss the fine.
If any section, paragraph, or part of this chapter is for any
reason declared invalid or unconstitutional by any court, every other
section, paragraph and part shall continue in full force and effect.
