[HISTORY: Adopted by the City Council of the City of Quincy 4-22-2008 by Order No. 2008-048 (Ch. 18.20 of the 1993 Code).
Amendments noted where applicable.]
A.
The City Council hereby finds that the preservation of existing trees
and the promotion of new tree planting is a public purpose that protects
the public health, welfare, environment and aesthetics of the City
of Quincy and its citizens. This chapter is enacted to protect both
public shade trees pursuant to MGL c. 87 and certain trees on private
land.
B.
The urban forest serves a wide variety of functions which promote
the health, safety and welfare of residents. These functions include:
(1)
Conserving energy, by providing shade and evaporative cooling through
transpiration;
(2)
Improving local and global air quality by absorbing carbon dioxide
and ozone, absorbing particulate matter, and producing oxygen;
(3)
Reducing wind speed and directing air flow; conserving air conditioning
through shading and heating through wind breakage;
(4)
Reducing noise pollution;
(5)
Providing habitat for birds, small mammals, and other wildlife;
(6)
Reducing storm runoff and the potential for soil erosion and providing
natural flood control;
(7)
Increasing real property values; and
(8)
Enhancing visual and aesthetic qualities that attract visitors and
businesses, contributing to the distinct character of neighborhoods
while providing natural privacy to neighbors.
As used in this chapter, the following terms shall have the
meanings indicated:
A structure enclosed within exterior walls or fire walls,
built, erected and framed of a combination of any materials, whether
portable or fixed, having a roof, to form a structure for the shelter
of persons, animals or property.
An arborist certified by the Massachusetts Arborists' Association
or the International Society of Arboriculture, or any successor of
either organization.
The City Arborist appointed by the Mayor or any other certified
arborist designated by the Commissioner of Natural Resources and approved
by the Mayor to exercise any of the authority granted to the City
Arborist pursuant to this chapter.
The area of undisturbed natural soil around a tree defined
by a concentric circle with a radius equal to the distance from the
trunk to the outermost drip line.
The diameter of a tree trunk measured in inches at a height
of four feet above the ground.
Whichever is greater of:
A vertical line run through the outermost portion of the canopy
of a tree and extending to the ground; or
If the tree is damaged or deformed as a result of tree growth
or other cause, a circular area with a radius of 1/2 the height of
the tree extending outward from the center point of the tree.
A parcel of land in identical ownership throughout, bounded
by other lots or streets, which is designated by its owner to be used,
developed or built upon as a unit.
A document to be included within any tree study submitted
for a project where any significant trees are proposed to be removed
from a lot, stating why any significant trees are proposed to be removed
from a lot; a description of the replacement trees proposed to replace
the significant trees to be removed or the value of which is proposed
to be paid to the City to be deposited into the Tree Replacement Fund;
an estimate from a local nursery for the cost of purchasing, planting,
watering and (in the case of commercial or multiunit residential)
maintaining said replacement trees for a period of not less than five
years or the value of which is proposed to be paid to the City to
be deposited into the Tree Replacement Fund; and certification from
a certified arborist that the proposed replacement trees and cost
estimates for purchasing, planting, watering and maintaining said
trees are appropriate and reasonable. The Commissioner of Natural
Resources shall determine tree replacement for the significant tree(s)
to be replaced by a formula such that the replacement trees are no
less than four-inch caliper and in total approximately equal the DBH
of the significant tree(s) being replaced. Species shall be determined
by the Commissioner of Natural Resources based on favorability and
survivability in light of the surrounding environment.
Shall be defined as set forth in the City of Quincy Assessors'
office records.
Any tree subject to the provisions of this chapter.
A tree or trees to be planted on a lot to replace any significant
trees to be removed from the lot, or whose equivalent value is proposed
to be paid to the City to be deposited into the Tree Replacement Fund
instead of planting replacement trees on the lot. The total DBH of
replacement trees, or equivalent value, as applicable, shall be equal
to or exceed the total DBH of the significant trees to be removed
from the lot.
Any tree or trees larger than eight inches DBH which are
on a lot or which have been removed from the lot within one year prior
to the submission of a tree study to the City Arborist.
This plan may be either a separate drawing or part of a landscape
plan and shall include the following information:
Drawings of tree protection measures and their location on the
lot, including tree save areas, and the location, height and DBH of
significant trees and an indication of which significant trees would
remain on the site, or in the event that any significant trees are
proposed to be removed, the location of those significant trees, and
the location, height and DBH of replacement trees which are proposed
to be planted on the lot if feasible, or in the event that replacement
trees are not proposed to be planted on the lot, the total sum, as
identified in the mitigation plan, to be paid to the City to be deposited
into the Tree Replacement Fund shall be required to be submitted together
with the tree protection plan;
A schedule for planting the proposed replacement trees and a
representation that such trees will be inspected and, if necessary,
treated by a certified arborist once a year for five years; and
Such other information as is required by the City Arborist pursuant
to applicable regulations.
The area surrounding a tree which must remain undisturbed
so as to prevent damage to the tree.
The information submitted to the City Arborist, which shall
include a tree survey, a tree protection plan, and, if applicable,
a mitigation plan.
A plan showing the location, type, height and DBH of all
trees on a lot.
This chapter shall apply to all significant trees located on lots specified in the following § 311-4 as well as public shade trees as regulated in § 311-7. This chapter shall not apply to any project whose purpose is solely and exclusively intended for the construction of low- and moderate-income housing meeting the standards established pursuant to any City, state or federal housing program designed to assist low- and moderate-income households. For any project wherein there will be no tree displacement, the project applicant must submit to the appropriate permit granting authority a drawing indicating tree location on the site of the project with a written certification that no tree displacement shall occur.
The Inspectional Services Department shall make available to
an applicant a copy of this chapter or a condensed summary of the
relevant aspects pertaining to the type of permit requested.
A.
In any project (with significant tree displacement) which requires
a variance or special permit under the Zoning Ordinance,[1] the application for the variance or special permit shall
include a tree study, which shall first have been submitted to the
City Arborist not less than 21 days prior to the submission of the
application for a variance or special permit. The tree study shall
be reviewed by the City Arborist, who shall certify that he has reviewed
it, indicating whether it is complete and complies with the applicable
provisions of this chapter and regulations promulgated thereunder.
The City Arborist shall refer the tree study with his certification
and recommendations to the Zoning Board, Planning Board, or City Council
in its capacity as PUD PGA to assist said Board or Council in establishing
any conditions that may be required as a result of the findings of
the tree study in connection with the issuance of a variance or special
permit. In the absence of a City Arborist as herein defined, the applicant
shall submit a plan certified by an independent certified arborist
indicating therein that the plan is in substantial conformance with
this chapter.
B.
Regarding any by-right project (with significant tree displacement)
defined in Table A which is subject to the provisions of the Zoning
Ordinance, the materials submitted to the Inspectional Services Department
with the application for a building permit shall include a tree study,
together with a certification from the City Arborist that the applicant
has submitted the tree study for review to the City Arborist not less
than 21 days prior to the submission of the application for a building
permit, and that the tree study is complete and complies with the
applicable provisions of this chapter and regulations promulgated
thereunder. The owner of the lot shall be required to commit to comply
with all provisions of the tree study and the applicable provisions
of this chapter and regulations promulgated hereunder in the application
for a building permit.
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Table A
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The proposed demolition of an existing residential structure
and its replacement with a new structure.
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The proposed construction of an addition to the existing residential
structure that constitutes a twenty-five-percent or greater increase
in the building area footprint.
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The proposed demolition of an existing nonresidential structure
and its replacement with a new dwelling/structure.
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The proposed construction of an addition to the existing nonresidential
structure that constitutes a twenty-five-percent or greater increase
in the building footprint.
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The proposed new construction of a residential or nonresidential
structure on any lot.
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C.
Parking area requirements; tree shading. Trees shall be planted and
maintained throughout the surface parking lot to ensure that within
15 years after establishment of the parking lot at least 50% of the
parking area will be shaded.
(1)
Surface parking lot. Except as provided herein, all surface parking
on which a vehicle can drive is subject to shade calculation, including
all parking stalls; all drives within the property, regardless of
length and including drive-through lanes; and all maneuvering area,
regardless of depth. The following surfaced areas are exempt from
this shade requirement:
(a)
Truck loading area in front of overhead doors.
(b)
Truck maneuvering and parking areas unconnected to and exclusive
of vehicle parking.
(c)
Surfaced areas not to be used for vehicle parking, driving or maneuvering,
provided that they are made inaccessible to vehicles by a barrier
such as bollards or fencing.
(d)
Automobile dealerships, display, sales, service, and vehicle storage
areas.
(e)
Existing surfaced areas.
(f)
Driveways of residential projects of one to four units.
(2)
Shading. Shading should be calculated by using the diameter of the
tree crown at 15 years. Each planting area shall be of sufficient
size, have sufficient irrigation and be properly maintained so as
to meet the intent of this chapter.
(3)
A site plan shall be submitted to the City Arborist for review and
recommendation to the PGA (Zoning Board, Planning Board or City Council)
or Director of Inspectional Services who shall have the discretion
to modify tree shading requirements due to power lines and other obstructions
which prohibit strict compliance and to give shading credit for photovoltaic
arrays, off-site trees, sidewalk canopies, and other structures where
appropriate.
If significant trees are to be removed from a lot in connection with the development of a project subject to the provisions of this chapter, upon approval of any project subject to the provisions of § 311-4A of this chapter by grant of a variance from the Zoning Board or special permit from the Planning Board, or submission to the Inspectional Services Department of certification from the City Arborist under the provisions of § 311-4B of this chapter, the owner of the lot shall either plant replacement trees on the same lot in accordance with the schedule set forth in the tree study or he shall pay the estimated cost of replacement trees and associated costs for the maintenance of said trees pursuant to the mitigation plan, if applicable, to the City to be deposited into the Tree Replacement Fund. In addition, the owner of the lot shall, prior to the issuance of a building permit, post and file a bond with the City Clerk in the amount of the total costs set forth in the mitigation plan with one or more sureties conditioned to the faithful observance of the conditions and specifications of the tree protection plan and, if applicable, the mitigation plan.
There is hereby established a Tree Replacement Fund which shall
be held by the City Treasurer/Collector in an account and administered
in accordance with applicable provisions of MGL c. 44, § 53E
1/2. Any payments into the Tree Replacement Fund required by § 411-5
shall be deposited in said fund and shall be used solely for the purpose
of buying, planting and maintaining trees in the City.
Local regulation of public shade trees is subject to the provisions
of MGL c. 87.
A.
Public utility projects. For any project conducted by a public utility,
all protected trees that must be removed in order to install utility
lines within a public right-of-way or utility easement shall be subject
to the tree replacement and tree protection requirements of this chapter.
All protected trees to be altered must be done in accordance with
best practices, standards and pruning procedures to be promulgated
by the City Arborist under the direction of the Commissioner of Natural
Resources. Said practices, standards and procedures shall at a minimum
conform to American National Standards Institute (ANSI) A300. The
public utility's request for tree removal must be accompanied by a
site plan or construction plan and shall reasonably comply with the
regulations set forth herein. There shall be no guy wiring attachments
or tethering to any City tree without the expressed written permission
of the Commissioner of Natural Resources.
B.
Public works projects. The Public Works Department shall notify the
Department of Natural Resources of any application for new curb, sidewalk
or driveway installation or other improvements which might require
removal of or cause injury to any street tree or interfere with the
fulfillment of the intent of this chapter.
A.
The Commissioner of Natural Resources shall have the authority to
promulgate regulations to accomplish any of the provisions of this
chapter and shall coordinate with the Director of Inspectional Services
and Commissioner of Public Works where appropriate and required to
facilitate compliance with this chapter.
B.
Tree protection procedures.
(1)
Prohibited activities in critical root zone. The following activities
are prohibited within the limits of the critical root zone of any
protected tree subject to the requirements of this chapter:
(a)
Material storage. No materials intended for use in construction
or waste materials accumulated due to excavation or demolition shall
be placed within the limits of the critical root zone of any protected
tree.
(b)
Equipment cleaning; liquid disposal. No equipment shall be cleaned
or other liquids deposited or allowed to flow overland within the
limits of the critical root zone of a protected tree. This includes,
without limitation, paint, oil, solvents, asphalt, concrete, mortar
or similar materials.
(c)
Tree attachments. No signs, wires or other attachments, other
than those of a protective nature, shall be attached to any protected
tree. Fencing attached to a tree via "U" nails or bent nails is allowed
only if the fencing is parallel to and contiguous with the tree.
(d)
Vehicular traffic. No vehicular and/or construction equipment
traffic or parking shall take place within the limits of the critical
root zone of any protected tree other than on existing street pavement.
This restriction does not apply to single-incident access within the
critical root zone for purposes of clearing underbrush, establishing
the building pad and associated lot grading, vehicular traffic necessary
for routine utility maintenance, emergency restoration of utility
service, or routine mowing operations.
(e)
Grade changes. No grade changes shall be allowed within the
limits of the critical root zone of any protected tree unless adequate
construction methods are approved by the Director of Inspectional
Services in consultation with the City Arborist.
(f)
Impervious paving. No paving with asphalt, concrete or other
impervious materials that may reasonably be expected to kill a tree
shall be placed within the limits of the critical root zone of a protected
tree excepting trees existing within the public ways.
(2)
Prohibited activities in drip line. No heavy equipment, including
but not limited to trucks, tractors, trailers, bulldozers, bobcat
tractors, trenchers, compressors, and hoists, shall be allowed inside
the drip line of any protected tree on any construction site without
the specific approval of the Director of Inspectional Services, excepting
public works projects on a public way.
(3)
Procedures required prior to construction. The following procedures
shall be followed on all types of construction projects (including,
without limitation, residential, commercial, and municipal/public
domain projects):
(a)
Protective fencing. Prior to construction, the contractor or
subcontractor shall construct and maintain, for each protected tree
on a construction site, a protective fencing which encircles the outer
limits of the critical root zone of the tree to protect it from construction
activity. All protective fencing shall be in place prior to commencement
of any site work and remain in place until all exterior work has been
completed.
(b)
Bark protection. In situations where a protected tree remains
in the immediate area of intended construction, exposing the tree
bark to danger of damage by construction equipment or other activity,
the contractor or subcontractor shall protect the tree by enclosing
the entire circumference of the tree with two-inch by four-inch lumber
encircled with wire or other means that do not damage the tree. The
intent is to protect the bark of the tree against incidental contact
by large construction equipment.
(4)
Construction methods.
(a)
Boring. Boring of utilities under protected trees shall be required
in those circumstances where it is not possible to trench around the
critical root zone of the protected tree. When required, the length
of the bore shall be the width of the critical root zone at a minimum
and shall be a minimum depth of 48 inches.
(b)
Trenching. All trenching shall be designed to avoid trenching
across the critical root zone of any protected tree. The placement
of underground utility lines such as electric, phone, gas, etc., is
encouraged to be located outside of the critical root zone of protected
trees. Trenching for an irrigation system shall be placed outside
of the critical root zone, except the minimum required single head
supply line is allowed to extend into the critical root zone perpendicular
to the tree trunk and in the manner that has the least possible encroachment
into the critical root zone.
(c)
Root pruning. All roots two inches or larger in diameter which
are exposed as a result of trenching or other excavation shall be
cut off square with a sharp medium-tooth saw and covered with pruning
compound within two hours of initial exposure.
(5)
Tree topping/V cutting. It shall be unlawful for any person to "V
cut" or top any tree without having written approval of the Commissioner
of Natural Resources or, under his/her direction, the City Arborist
upon determination that topping the tree is necessary and there is
no feasible alternative because the tree has been severely damaged
by storms or other causes, or is under utility wires or other obstructions,
making other pruning practices impractical.
[Amended 6-1-2020 by Order
No. 2020-012]
The Commissioner of Natural Resources with the assistance of
the City Arborist shall collect and maintain all records and data
necessary to objectively evaluate whether progress is being made towards
the intent, purpose and objectives of this chapter. An annual summary
and analysis of the evaluation and recommendations for action shall
be prepared and presented to the City Council. The City Council shall
consider the report and recommendations and take all actions deemed
necessary to accomplish the goals of this chapter. These actions may
include but are not limited to revision or amendment of this chapter.
A.
Notice of violations. Any person who violates any of the provisions
of this chapter shall be notified by the City Arborist of the specific
violation by certified or registered mail, return receipt requested,
or by hand delivery. The notice shall set forth the nature of the
violation and a reasonable time period within which compliance must
be had.
B.
Stop-work order.
(1)
Upon notice from the City Arborist that work on any lot on which
a significant tree is located is being performed contrary to any applicable
mitigation plan or tree protection plan or any provision of this chapter,
such work shall be immediately stopped by the Director of Inspectional
Services or his designee. The stop-work order shall be in writing
and shall be given to the owner of the lot involved, or to the owner's
agent, or to the person doing the work, and shall state the conditions
under which work will be permitted to resume.
[Amended 6-1-2020 by Order
No. 2020-012]
(2)
Any person who shall continue any work in or about said lot after
having been served with a stop-work order, except such work as that
person is directed to perform to remove a violation or unsafe condition,
shall be liable to a fine of not more than $300. Each day during which
a violation exists shall constitute a separate offense.
C.
Injunctive relief. Whenever there exists reasonable cause to believe
that a person is violating any applicable mitigation plan or tree
protection plan or any provision of this chapter, the City may institute
a civil action for a mandatory or prohibiting injunction ordering
the defendant to correct the unlawful condition or cease the unlawful
use of the property.
D.
Failure to replace trees or make payment. Each failure to replace a significant tree or make a payment into the Tree Replacement Fund or to post and maintain a bond in accordance with § 311-5 shall constitute a separate violation of this chapter for which there shall be a fine in the amount of not more than $300. Each day such violation continues shall constitute a separate offense.
E.
Alternative penalty. As an alternative to any fine stated in this
section, citations may be issued pursuant to MGL c. 40, § 21D,
assessing a fine of $300 for each day the violation is committed or
permitted to continue. The Director of Inspectional Services or his
designee, the City Arborist, employees of the Department of Public
Works and police officers shall be the authorized enforcement personnel.
[Amended 6-1-2020 by Order
No. 2020-012]
F.
Certificate of occupancy. No certificate of occupancy (CO) shall be issued until all civil penalties for violations of this chapter have been paid to the City. No certificate of occupancy shall be issued until all replacement trees have been planted or appropriate payments have been made to the Tree Replacement Fund; provided, however, that a certificate of occupancy may be granted before all trees have been replaced if the City retains the surety bond cited in § 311-5 or an equivalent cash deposit.
Provisions of this chapter shall not apply to:
A.
Emergency projects necessary for public safety, health and welfare
as determined by the Commissioner of Public Works or the Commissioner
of Natural Resources.
B.
Trees that are hazardous (threat to life or property) as determined
by the City Arborist.
C.
Trees identified by the commonwealth that pose a risk due to insect
disease infestation.
Nothing contained in this chapter shall be deemed to impose
any liability upon the City, its officers or employees, nor to relieve
the owner of any private property from the duty to keep any tree on
his property or under his control in such condition as to prevent
it from constituting a hazard or an impediment to travel or vision
upon any street, park, boulevard, alley or public place within the
City.
