[Amended 10-14-2014 by Ord. No. 2014-18]
No person shall be allowed to remain in any park or playground
after the hour of 9:00 p.m. of any day and before the hour of 6:00
a.m. of any day, unless in the performance of a sport or other activity
so directed in writing by the Board of Park Commissioners.
[Amended 2-27-2007 by Ord. No. 2007-6]
A.
At least 14 days prior to any vote by the Board of Park Commissioners
authorizing a major change to a public park, the Board shall hold
a public hearing at which the proposed change shall be presented to
the public, and members of the public shall be given an opportunity
to comment on the proposal.
B.
Notice of the public hearing required by Subsection A shall be given in the same manner and to the same parties in interest as required for notices of public hearings under The Zoning Act, MGL c. 40A, § 11, as amended from time to time.
C.
For the purposes of this article, the term "major change to a public
park" shall mean any change involving an expenditure of more than
$10,000, whether such expenditure is made by the City or by others.
[Added 3-13-2012 by Ord.
No. 2012-10]
A.
Title. This division will be known as the "Fall River Tree Ordinance."
B.
Purpose and intent. This division establishes policies, regulations
and standards necessary to ensure that the City of Fall River will
continue to realize the benefits provided by its urban forest. The
provisions of this division are enacted to meet the goals of the Street
Tree Management Plan. These goals are summarized below:
(1)
Establish and maintain the maximum of tree cover on public property
in the City;
(2)
Maintain City trees in a healthy and nonhazardous condition through
proper arboricultural practices when possible;
(3)
Establish and maintain diversity in tree species and age classes
to provide a stable and sustainable urban forest;
(4)
Foster public advocacy for the urban forestry through education and
public outreach.
When used in this division, the following words, terms, and
phrases and their derivatives shall have the meanings ascribed to
them in this section, except where the content clearly indicates a
different meaning. When not inconsistent with context, words used
in the present tense include the future and words in the singular
number include the plural number.
Any abnormal act causing the improper loss of root, stem
or leaf tissue rendering the tree prone to decline and death.
The diameter in inches of a tree as measured either at six
inches or 12 inches above the trunk base of the tree.
The leaves and branches of the tree.
Diameter at breast height as measured 54 inches above ground
level.
The edge of the canopy.
Arboricultural standards, practices and protocols used to
facilitate the management of municipal trees and to implement provision
of this division.
The genetically inherited natural shape of the tree.
Includes all trees now or hereafter growing on any street,
park, or any other public place.
Includes any act that will cause a tree to die within a three-year
period.
Denotes a mandatory requirement.
Denotes an advisory recommendation.
The harmful practice of cutting large upright branches between
nodes, leaving large stubs.
The act of replacing a removed tree with a new sapling(s).
A qualified designated official of the City assigned to carry
out the enforcement of this division, in conjunction with the Board
of Park Commissioners.
The collection of soils, shrubs, trees and other natural
resources found within City limits.
The terms and provisions of this division shall apply to all
public property in the City. The City of Fall River shall have control
of all street trees, shrubs, and other plantings now or hereafter
in any street, park, public right-of-way or easement, or other public
place within the City limits, and shall have the power to plant, protect,
care for, maintain, remove and replace such trees, shrubs and other
plantings.
Nothing contained in this division may be deemed to impose any
liability upon the City, its officers or employees, nor to relieve
the owner of any property from the duty to keep any tree, shrub or
plant upon any street area on his/her property or under his/her control
in such condition as to prevent it from constituting a hazard or an
impediment to travel or vision upon any street, park, right-of-way,
easement or public place within the City.
The Board of Park Commissioners, with the recommendation of
the Urban Tree Commission through the Tree Warden, is hereby charged
with the responsibility of the enforcement of this division and may
serve notice to any person in violation thereof or institute legal
actions as may be required, and the Chief of Police and Corporation
Counsel are hereby authorized to institute appropriate proceedings
to that end.
A.
The Board of Park Commissioners shall have jurisdiction over all
municipal tree care operations, including the planting, protection,
maintenance, care of, and removal of trees, shrubs and other plants
on public property for which it is responsible.
B.
The duties of the Board shall be to act on recommendations from the
Urban Tree Commission with cooperation of the Tree Warden, duties
interpreted to include, but not be limited to, the planting, protection,
maintenance, care of, and removal of trees on public property, and
to make such recommendations from time to time to the Mayor and City
Council as to desirable legislation concerning the tree program and
activities for the City.
C.
Duties and responsibilities of the Board of Park Commissioners. The
Park Board, in conjunction with the Urban Tree Commission, by use
of City employees or private consultants or contractors, may:
(1)
Plant, protect, maintain and care for or, if necessary, remove trees
in any public places in the City; or
(2)
Cause or order to be removed, trimmed, or treated any tree or part
thereof on private property which is in an unsafe condition so that
it poses no threat to the public or public property or the health
of the City's urban forest.
D.
The responsibilities shall include but not be limited to:
E.
The Board shall also hear and decide appeals from the provisions
of this division.
There is hereby established the Urban Tree Commission to advise
and assist the Tree Warden on all matters concerning public street
trees, including but not limited to the selection of trees for street
tree plantings, planting and pruning of trees, treatment of disease
and the preservation and regular maintenance of trees. The Urban Tree
Commission members shall serve without compensation and be appointed
by the Mayor.
A.
Powers and duties.
(1)
Through the Board of Park Commissioners, in conjunction with the
Director of Community Maintenance and the Tree Warden, the Urban Tree
Commission is authorized to promulgate the rules, regulations and
policies necessary to implement this division and the Tree Maintenance
Plan.
(2)
The commission shall:
(a)
Coordinate the City's Arbor Day and educational urban forestry
programs.
(b)
Assist City officials and citizens in the dissemination of information
regarding the benefit of trees, as well as the protection, maintenance,
removal and planting of trees on City streets.
(c)
Annually review the Tree Maintenance Plan that sets forth the
standards for planting and maintenance of public shade trees along
City streets.
(d)
Regularly revise the Tree Maintenance Plan and review the implementation
of the policies that it encompasses.
(e)
Provide input into resolutions of public tree issues when requested
by the Tree Warden.
(f)
Keep an inventory and database of City street trees.
(g)
Submit an impact statement to the Mayor and City Council or
other City agencies, when requested by the City Engineer and/or the
Tree Warden, on the effect of any construction project on existing
trees or the ability to plant trees in that area in the future.
(h)
Work with the Tree Warden to seek grants or other assistance
concerning the preservation and maintenance of trees.
B.
Composition.
(1)
There
shall be seven voting members of the Urban Tree Commission. Two of
the original appointees shall serve for one year, two for two years
and three for three years. The commission shall offer recommendations
for replacement when an opening exists. The Tree Warden or such other
municipal official/entity responsible for the urban forest should
serve as the eighth nonvoting member.
(2)
Commissioners
are as follows:
(a)
Certified Arborist.
(b)
Landscape Architect.
(c)
Member of the Fall River Street Tree Planting Program.
(d)
Member of the Planning Division or Conservation Commission.
(e)
Citizen interested in preservation and care of trees.
(f)
Member of the business community.
(g)
Board of Park Commissioners member (designated by the Chairman
of the Park Board).
(h)
Tree Warden.
C.
Ongoing education. Attendance at one or more urban forestry or similar
programs per year is required.
D.
Certified arborist/firm. The City shall hire by contract or permanent
employment a certified arborist to act in harmony with and support
the Board of Park Commissioners in conjunction with the Urban Tree
Commission and Tree Warden.
The City shall appoint a Tree Warden, which must be the Manager
of Cemeteries or Parks and Recreation. A stipend shall be paid for
this position to compensate this individual for extended duties and
extra workload.
The Tree Warden, under the general supervision of the Board
of Park Commissioners, shall have the authority and responsibility
to do the following:
A.
By use of City employees or private consultants or contractors, the
Tree Warden:
(1)
Shall plant, protect, maintain and care for or, if necessary, remove
trees in any public places in the City; or
(2)
May cause or order to be removed, trimmed, or treated any tree or
part thereof on private property which is in an unsafe condition so
that it poses no threat to the public or public property or the health
of the City's urban forest.
B.
The responsibilities shall include but are not be limited to:
(1)
Direct municipal tree care operations, including planting, maintenance,
and removal;
(2)
Assist in the preparation of the municipal tree budget;
(3)
Assist the Urban Tree Commission in the review of the Street Tree
Management Plan and administrative standards;
(4)
Evaluate and approve permits for activities that may affect trees;
(5)
Participate in the organization of community outreach and educational
programs;
(6)
Enforce ordinance provisions;
(7)
In conjunction with the arborist, conduct hazard tree assessments
to identify potentially hazardous trees and implement hazard tree
removal;
(8)
Oversee work of outside contracts by timely inspection;
(9)
Exercise the duties of a tree warden as defined by Massachusetts
General Laws.
The Tree Warden, working in conjunction with the Urban Tree
Commission, shall collect and maintain all records and data necessary
to objectively evaluate whether progress is being made toward the
intent, purpose and objectives of this division. The Tree Warden,
working in conjunction with the Urban Tree Commission, shall prepare
an annual report for the Board of Park Commissioners. The Board of
Park Commissioners should consider the report's recommendations and
take all appropriate actions to accomplish the goals and objectives
contained in this report.
A.
All municipal departments (i.e., Community Maintenance, Planning,
etc.) shall notify the Urban Tree Commission through the Board of
Park Commissioners of any applications for new curb, gutter, sidewalks
or driveway installations, or other improvements which might require
the removal of or cause injury to any public tree, or interfere with
the fulfillment of any provision of this division.
B.
Any public utility maintaining overhead wires or underground pipes
shall comply with all aspects of this division. Said utility shall
in no way injure, deface, prune, or remove any tree until its plans
have been reviewed and approved by issuance of a permit by the Board
of Park Commissioners in conjunction with the Urban Tree Commission
and the Tree Warden.
A permit shall be required for, but not limited to, planting,
transplanting, pruning, applying chemicals, staking and/or guying,
removing, or disturbing any public tree, or conducting any construction
activities within the dripline of a public tree.
In determining whether or not a permit should be granted, the
Board of Park Commissioners, in conjunction with the Urban Tree Commission
and the Tree Warden, shall consider the following:
A.
The condition of the tree or trees with respect to health and mechanical
stability, danger of falling, and proximity to proposed structures
and interference with utility services;
B.
The necessity of removing the tree or trees in order to construct
the proposed improvements to allow reasonable economic use of the
property;
C.
The number and density of trees in the area and the effect of tree
removal on property values and other existing vegetation;
D.
Whether any tree in question is a tree worthy of preservation.
A.
A permit shall be a written document that authorizes the bearer thereof
to perform the proposed work as outlined on such permit. The permit
shall be issued only by the Board of Park Commissioners in conjunction
with the Urban Tree Commission and the Tree Warden.
B.
Any person desiring a permit, as required by this division, shall
submit a written application to the Board of Park Commissioners in
conjunction with the Urban Tree Commission and the Tree Warden. The
application required herein shall identify the reason for the permit,
the number of trees affected, and any other information reasonably
necessary to make a fair determination of whether a permit should
be issued.
C.
As a condition of permit approval, the applicant shall be required
to comply with the arboricultural principles and practices of the
Fall River Tree Administrative Guidelines.
D.
Upon approval or rejection of said application, the Board of Park
Commissioners, in conjunction with the Urban Tree Commission and the
Tree Warden, shall either issue said permit or notify the applicant
of rejection of the application.
E.
The Board of Park Commissioners, in conjunction with the Urban Tree
Commission and the Tree Warden, shall be notified by the bearer of
said permit upon satisfactory completion of the designated work.
F.
Planting. The Board of Park Commissioners, in conjunction with the
Urban Tree Commission and the Tree Warden, shall have the right to
make the determination as to location, species, cultivar or variety,
or caliper size of each tree before issuing said permit.
G.
Removal, replanting and replacement.
(1)
Wherever it is necessary to remove a tree in connection with the
paving of a sidewalk, or the widening of a portion of a street or
highway, or other type of public improvement undertaken by the City,
the City shall replace the tree by planting another if at all possible.
(2)
No person, public utility, or other governmental agency shall remove
a public tree for the purpose of construction without first filing
an application and obtaining a permit from the Board of Park Commissioners
in conjunction with the Urban Tree Commission and the Tree Warden.
The Board of Park Commissioners, in conjunction with the Urban Tree
Commission and the Tree Warden, may require replacement of a removed
tree or financial reimbursement of a removed tree as a condition of
the issuance of the permit.
(3)
Such replacement shall meet the standards of size, species and placement
as provided for in the permit issued by the Board of Park Commissioners
in conjunction with the Urban Tree Commission and the Tree Warden.
The person, business, public agency or property owner shall bear the
cost of removal and replacement of all trees removed.
H.
Failure to comply with permit. If the Board of Park Commissioners,
in conjunction with the Urban Tree Commission and the Tree Warden,
determines that the permit holder has failed to comply with the terms
of the permit and the plan set forth herein, he or she shall immediately
serve upon the permit holder a notice to comply, which shall be sent
by registered or certified mail to the address specified by the permit
holder on his/her permit application. Such notice shall set forth
specifically the measures needed to come into compliance with such
permit and shall specify the time within such measures shall be completed.
If the permit holder fails to comply within the specified time, the
holder may be subject to revocation of the permit and a fine as determined
by the City Collector.
A.
To be effective, an appeal must be filed within 10 working days after
the decision of the Board of Park Commissioners, in conjunction with
the Urban Tree Commission and the Tree Warden. The appeal shall be
in writing and shall be filed with the Board of Park Commissioners
for placement on the Board's agenda. The appeal shall clearly specify
what adjustments are being requested, reasons such adjustments are
being requested, reasons why such adjustments are warranted, and shall
be accompanied with such supplemental data as is deemed necessary
to substantiate the adjustment. The Board may approve, modify, or
deny the requested adjustment, based upon protection of public interest,
preservation of the intent of this division, and possible unreasonable
and unnecessary hardships involved in this case. The Board shall act
on the application as expeditiously as possible and shall notify the
applicant in writing within 10 working days of the action taken by
the Board on said appeal. The action of the Board shall be final.
B.
Nothing in this division shall be construed to limit the jurisdiction
of any court of law with respect to such appeals.
A.
It shall be the duty of any person(s) owning or occupying real property
bordering on any public street or thoroughfare, upon which property
there may be trees, to prune in such a manner that they will not obstruct
or shade streetlights, obstruct the passage of pedestrians on sidewalks,
obstruct vision of traffic signs or obstruct the view of any street
or intersection so as to pose a threat to pedestrian and vehicular
safety. The minimum clearance of any overhanging portion thereof shall
be eight feet over sidewalks, and 12 feet over all streets and thoroughfares
and/or at the discretion of the Board of Park Commissioners, in conjunction
with the Urban Tree Commission and the Tree Warden.
B.
It shall further be the duty of any person owning or occupying real
property upon which there may be a tree(s) to prune, remove, or treat
any tree(s) or part thereof which is in an unsafe condition or which,
by reason of its nature, poses a threat to persons or public property,
or is injurious to sewers or other public improvements or rights-of-way,
or is afflicted with an injurious parasite, insect, or other pest
so as to constitute a threat to the health and welfare of the public
as well as that of the City's urban forest.
C.
Notice to prune, remove, or treat tree(s) on private property.
(1)
Should any person owning real property bordering on any street or
public thoroughfare fail to prune, remove or treat any tree(s) as
herein provided above, the Board of Park Commissioners, in conjunction
with the Urban Tree Commission and the Tree Warden, shall inform such
person that corrective action shall be taken within three weeks or
sooner, depending on the seriousness of the problem, upon receipt
of a written notice from Board of Park Commissioners, in conjunction
with the Urban Tree Commission and the Tree Warden.
(2)
The order required in this section shall be a written notice, served
by certified mail, from the Board of Park Commissioners, in conjunction
with the Urban Tree Commission and the Tree Warden, to the property
owner at his or her last known address.
(3)
When a person to whom an order for tree care is directed fails to
comply within a reasonable time, it may be lawful for the Board of
Park Commissioners, in conjunction with the Urban Tree Commission
and the Tree Warden, to take such action as is necessary to ensure
public safety and that of the urban forest. A charge for services
rendered should be assessed to the property owner and shall constitute
a property lien in the event it remains unpaid.
A.
It shall be a violation of the provisions of this division for any
person to abuse, mutilate, or destroy any tree on public property
or to attach any wire, rope (except for supporting a broken tree or
young sapling), sign, poster, and vending machine, or allow any gaseous,
liquid, or solid substance which is harmful to such trees to come
in contact with their roots, trunks, or leaves. In addition, no person
and/or public agency shall cause or allow any wire charged with electricity
to be placed or attached to any tree without first obtaining permission
from the Board of Park Commissioners in conjunction with the Urban
Tree Commission and the Tree Warden.
B.
No person shall excavate any ditches, tunnels, or trenches or place
any building material, excess dirt, or other debris within the dripline
of any public tree without first obtaining a permit from the Board
of Park Commissioners in conjunction with the Urban Tree Commission
and the Tree Warden.
C.
No person shall place, store, or maintain upon any public place any
stone, brick, sand, dirt, concrete or any other materials or chemicals
which may impede the passage of water, air, and nutrients to the roots
of any public tree, except by valid permission of the Board of Park
Commissioners in conjunction with the Urban Tree Commission and the
Tree Warden.
D.
Tree topping to reduce either the height or width of public trees
shall be a prohibited activity in violation of this division. Such
replacement shall meet the standards of size, species and placement
as provided for in the permit issued by the Board of Park Commissioners
in conjunction with the Urban Tree Commission and the Tree Warden.
The person, business, public agency or property owner should bear
the cost of removal and replacement of all trees removed.
A.
The Board of Park Commissioners, in conjunction with the Urban Tree
Commission and the Tree Warden, under the power herein given, may
cause or order to be removed, pruned, or treated any tree or part
thereof on private property which is in an unsafe condition so that
it poses a threat to the public or public property or which by reason
of its nature is injurious to sewers or other public improvements
or rights-of-way, or is afflicted with an injurious fungus, insect
or other pest so as to constitute a threat to the health of the City's
urban forest.
B.
The Board of Park Commissioners, in conjunction with the Urban Tree
Commission and the Tree Warden, shall have the right of entry upon
any private property within the City to treat or cause or order to
be treated any tree infested with a parasite, insect or pest, when
it shall be deemed necessary, in the collective opinions, to do so
to prevent the breeding of any parasite, insect or pest, and to prevent
danger therefrom to persons or property, or to trees planted in the
public streets or other public places. Due notice shall be given to
the property owner prior to any action on the part of the Board of
Park Commissioners, in conjunction with the Urban Tree Commission
and the Tree Warden.
C.
It shall be unlawful for any person to hinder, prevent, delay or
interfere with the Board of Park Commissioners, in conjunction with
the Urban Tree Commission and the Tree Warden, while engaged in the
lawful execution of this division. This shall not be construed as
an attempt to prohibit the purpose of any legal or equitable remedy
in a court of competent jurisdiction.[1]
A.
In the event a person abuses or destroys a tree in violation of this
division, the violator, shall be responsible to undertake remedial
actions that the Board of Park Commissioners, in conjunction with
the Urban Tree Commission and the Tree Warden, determines to be reasonably
necessary to protect public safety and property, and to help the tree
survive the tree abuse damage.
B.
If the natural habit of growth or mechanical stability is seriously
compromised, the violator shall remove the abused tree and install
a replacement tree.
C.
Tree replacement criteria shall be consistent with that established
in Appendix Q of the Fall River Tree Administrative Guidelines.
D.
Replacement trees shall be installed on-site. In the event the site
cannot accommodate the replacement tree(s), the replacement tree(s)
shall be installed on public lands approved by the Park Board. If
no suitable public lands are located, the violator shall pay a replacement
contribution into the City's planting fund. The replacement contribution
will be determined using a schedule for current value of the replacement
tree plus installation and maintenance for one year by the Fall River
Tree Administrative Guidelines.
E.
Remedial actions and replacement required under this division shall
be completed within 90 days of notice from the City that such actions
are required. The City may require the violator to immediately undertake
remedial actions in the event the abused tree is an immediate threat
to the public or property.
A.
The City shall be compensated for any tree damaged beyond repair
or destroyed in violation of this division. Unless an exemption is
granted by the Board of Park Commissioners, in conjunction with the
Urban Tree Commission and the Tree Warden, the compensation shall
be in the form of:
B.
The quantity of the replacement tree or trees shall be based on the
size in girth (i.e., caliper or DBH) of the damaged or destroyed tree
in accordance with the replacement tree formula found in the Fall
River Tree Administrative Guidelines. The species and planting location
of the replacement tree(s) shall be determined by the Board of Park
Commissioners in conjunction with the Urban Tree Commission and the
Tree Warden. The violator shall bear all the costs associated with
the purchase and installation of the replacement tree or trees.
C.
The replacement value(s) shall be equal to the purchase and installation
cost of the replacement tree multiplied by the quantity of replacement
tree or trees as based on the size in girth (i.e., caliper or DBH)
of the damaged or destroyed tree(s) as found in the Park Board Guidelines.
A check in the amount of the tree replacement value shall be made
payable to the City of Fall River and presented to the Park Board
for deposit in the tree replacement fund, where it will be available
for funding future tree planting.
To protect the public, the Board of Park Commissioners, in conjunction
with the Urban Tree Commission and the Tree Warden, shall require
any person who plants, maintains, prunes, cares for, or removes trees
on public property as a business to:
A.
Obtain worker's compensation insurance to the extent required by
Massachusetts General Laws.
B.
Obtain public liability and property damage insurance in an amount
as determined by the City to cover and save harmless the City and
its agents from all suits, claims, or actions of every class and nature,
or on persons or property damage caused by or claimed to be caused,
directly or indirectly, by the conduct of the work.
C.
Have on its staff an arborist certified by the Massachusetts Tree
Warden's Association or The International Society of Arboriculture.
This arborist must oversee all contract work and certify that all
the work complies with the Fall River Tree Administrative Guidelines.
In the event any tree shall be determined to be in a hazardous
or dangerous condition so as to endanger the public health, welfare,
or safety, and require less immediate removal, pruning, or treatment
without delay, verbal authorization may be given by the Board of Park
Commissioners, in conjunction with the Urban Tree Commission, and
the Tree Warden and/or Director of Community Maintenance, and such
treatment as shall be required to remedy the situation shall be undertaken
without obtaining a permit as herein required.
The requirements of this division may be waived by the Mayor
in the case of emergencies such as wind storms, ice storms, pest outbreaks,
or other disasters so that they in no way shall hinder private or
public work to restore order in the City. This work shall follow maintenance
standards as outlined by the Board of Park Commissioners, in conjunction
with the Urban Tree Commission, the Tree Warden, the Director of Community
Maintenance and other municipal officials involved with storm damage
clean-up and repair.
