[HISTORY: Adopted by the Annual Town Meeting
of the Town of Chelmsford 1960 by Art. 49; amended in its entirety 4-30-2012 ATM by Art. 16. Subsequent amendments noted where applicable.]
It is the intent of this bylaw to sustain environmental health,
enhance the economic well-being and maintain the quality of life for
the citizens of the Town of Chelmsford. Public trees make an important
contribution to the character and heritage of Chelmsford's neighborhoods.
This bylaw establishes policy for ensuring the health and longevity
of the Town's trees.
The care and management of public trees shall be the responsibility of the Tree Warden, or that official's designee. The Tree Warden is responsible for planting, maintaining and removing trees from streets, parks and other designated public places in accordance with MGL c. 87, § 2.
It shall be the policy of the Town of Chelmsford to encourage
the conservation of public shade trees (as defined in MGL c. 87, § 1)
and to establish a planned program of replacement on a one-for-one
basis of all public shade trees removed due to disease, death, public
nuisance, construction or safety. The Tree Warden shall determine
the type and size of the replacement tree. While the goal under this
policy is to have a public shade tree replanted in the same location
as the removed tree, it may be replanted in an alternate location
at the discretion of the Tree Warden if necessary.
A.
There shall be a Tree Replacement, Establishment and Enhancement
(TREE) Committee to facilitate and encourage the long-term health
of Chelmsford's public trees.
B.
Said Committee, once appointed, shall develop and administer a comprehensive
tree management program to guide the Town and the Committee's activities.
Such activities include, but are not limited to, the following:
(1)
Facilitating and encouraging the long-term health of Chelmsford's
public trees and promoting native tree species;
(2)
Performing tree surveys, inventories, and evaluations;
(3)
Creating manuals or guidance for planting, maintaining and removing
trees from streets, parks and other designated public places;
(4)
Developing best management practices for urban forestry and silvicultural
work;
(5)
Working in conjunction with the Tree Warden to seek grants or other
assistance concerning the preservation and maintenance of trees in
Town; and
(6)
Performing public education and coordination with civic groups to
promote Arbor Day and other special events related to public trees.
C.
The duties and responsibilities of the Commission shall include,
but not be limited to:
(1)
Writing and updating an annual community forestry work plan;
(2)
Advising the Town Manager in matters related to the care and management
of Town-owned properties that contain public trees;
(3)
Advising the Select Board, Department of Public Works, Conservation
Commission, and other local organizations on projects and activities
involving public trees in Town;
[Amended 6-17-2021 ATM by Art. 29]
(4)
Advising the Tree Warden on planting, maintaining and removing trees
from streets, parks and other appropriate public places; and
(5)
Engaging in projects and activities that promote sustainable forestry
and the long-term health of public trees in Town, including programs
and community events.
D.
The Committee shall consist of five members appointed by the Town
Manager. In the beginning, two members shall be appointed for a term
of three years, two members shall be appointed for a term of two years,
and one member shall be appointed for a term of one year. Thereafter,
each member shall be appointed for a term of three years. Each term
shall expire at the end of the appropriate fiscal year.
All contractors, builders, companies, corporations or individuals
who or which promote the construction of multiple houses, housing
units or developments or the erection of three or more houses in a
given area shall be required to plant one tree for each lot and two
trees for every corner lot. Such planting shall be done before the
street is paved and must be in accordance with the specifications
as prescribed by the Tree Warden.
Any willow tree found growing within 50 feet of any portion
of a Town-maintained drainage system or within 50 feet of any drainage
easement, whether granted to the Town by specific deed or included
on a definitive plan submitted pursuant to the provisions of the Subdivision
Control Law,[1] is hereby declared to be a nuisance, and it shall be unlawful
to permit any such willow tree to grow or remain in any such location.
It shall be the duty of the Tree Warden to serve, or cause to be served,
notice upon the owner of any premises on which willow trees are permitted
to grow in violation of the provisions of this section and demand
abatement of this nuisance within 30 days.
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