The purpose of this bylaw is to promote a diverse, healthy and
sustainable community forest in order to provide for the general welfare
of Orleans' citizens. Public trees define public spaces and create
a civic identity. This bylaw protects public trees located on public
rights-of-way from removal or preventable damage.
As used in this chapter, the following terms shall have the
meanings indicated:
DRIP LINE
A vertical line running through the outermost portion of
the crown (outer branch tips) of a tree and extending to the ground.
PUBLIC TREE
Any tree located within the boundaries of a public right-of-way.
REMOVE (INCLUDING REMOVING AND REMOVAL)
The cutting down of any public tree and all other acts which
cause the actual removal or the effective removal through damaging,
poisoning or other direct or indirect actions resulting in the death
of a public tree, including, but not limited to, excessive or improper
pruning, excavation, or construction damage.
This bylaw applies to all public trees. The Tree Warden shall have jurisdiction over all public trees. This bylaw is intended to supplement Chapter
87 of the Massachusetts General Laws, known as the Shade Tree Act.
Pruning or removal is allowed without a permit for any public
tree which is determined by utility or emergency response officials
to create a public hazard so as to immediately endanger the public
health, safety or welfare or cause an immediate disruption of public
services. A written record shall be completed within a reasonable
time and kept on file with the Tree Warden.
The criteria for granting removal of a public tree, after a
public hearing, are as follows:
A. The public tree interferes with structures, utilities, streets, sidewalks
or proposed necessary improvements, and there is no alternative to
removal;
B. The public tree is dead, diseased, injured, in danger of falling,
dangerously close to existing structures, causing disruption of public
utility service, causing drainage or passage problems upon rights-of-way,
or posing a threat to pedestrian or vehicular safety; or
C. The removal of the public tree is necessary and/or desirable as determined
by the Tree Warden.
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The Tree Warden shall not grant a permit for the cutting down
or removal of a public tree if, at or before a public hearing as provided
in this section, objection in writing is made by one or more persons,
unless such cutting or removal or permit to cut or remove is approved
by the Board of Selectmen.
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The removal of a public tree shall require its replacement,
which shall be provided as follows.
A. The replacement tree shall be of the same or similar species or such
other species as deemed advisable by the Tree Warden and shall have
the same or equivalent size as measured in DBH inches as that of the
public tree that was removed. Installation shall be included.
B. In the event that a tree of equivalent size cannot be obtained or
is not appropriate, multiple smaller replacement trees may be used
if approved by the Tree Warden.
C. If multiple smaller trees are not approved, a payment to the Town
of the value of the tree, as determined by a qualified arborist, shall
be made.
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Replacement may be waived if the Tree Warden finds it is in
the interest of the Town to remove the subject tree(s).
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The requirements of this bylaw may be waived by the Tree Warden
within a specified period of an emergency such as a hurricane, windstorm,
flood or other natural event.
Any person who violates any of the provisions of this bylaw
shall be notified by the Tree Warden of the specific violation, including
a time frame to address the violation and penalties.
Any person who removes or alters a public tree without a permit
shall be assessed a penalty equal to the cost of replacing the tree
in addition to the fixed penalty amount described below:
A. Removal without a permit or performing prohibited activities - $300
per instance.
B. Failure to obtain a permit for activities requiring a permit, or
prohibited activities other than removal of a tree - $300 per instance.
Any decision of the Tree Warden under this section may be appealed
to the Board of Selectmen. Said appeal must be in writing and must
be received by the Board of Selectmen within thirty (30) calendar
days of the issuance of the Tree Warden's decision. The Board
shall make a final decision on the matter within thirty (30) calendar
days from the date of receipt of the appeal request.
Should any part or provision of this by-law be determined by
a court of law to be invalid, such determination shall not affect
the validity of the by-law as a whole nor any part thereof other than
the part found invalid.