A.
The property owner is responsible for all trees that are located
on private property. The Town is responsible for all trees located
on Town property (to include public ways). The State of Massachusetts
Department of Transportation is responsible for all trees located
on state-owned property and public ways (Route 202, portions of Route
116).
B.
Town trees will only be removed by the Department of Public Works
if the Tree Warden or his/her representative determines that the tree
is dead or is a hazard.
A.
Property owners wishing to have a tree planted in the tree belt in
front of their property will fill out the tree request form shown
in Appendix E.[1] Applications must be by the property owner. Tree requests
will not be approved from applicants who do not own the land just
opposite the street line of Town-owned public ways.
[1]
Editor's Note: Appendix E is on file in the Town offices.
B.
Periodically, the Department of Public Works will create a tree planting
list from the applications received. Generally, applications will
be addressed on a first-come, first-served basis. The Department of
Public Works reserves the right to add trees to or delete trees from
the tree planting list in the interest of fairness or benefit to the
public.
A.
A list will be maintained by the Highway Superintendent of residents
who are interested in receiving free firewood. As wood becomes available,
it will be offered first to the owners of the properties in the vicinity
of the tree. If those owners do not want the wood, then it will be
offered to residents on the list. For the most part, the wood will
be offered to residents by their order on the list. However, deviations
may occur from time to time for operational reasons.
B.
To get on the firewood list, a resident must submit a signed firewood
waiver form shown in Appendix F[1] that states he or she will not hold the Town liable for
damage to his or her property or any injury that may result from the
handling, hauling, or cutting of the wood.
[1]
Editor's Note: Appendix F is on file in the Town offices.
A.
Trees are recognized as an asset to the community, providing a more
healthful and beautiful environment in which to live. Trees and other
vegetation provide oxygen, shade, protection from wind, glare, noise
and provide natural privacy to neighbors, wildlife habitat, aesthetics
and a priceless psychological counterpoint to the man-made setting.
Preserving trees is economically beneficial in attracting new residents,
visitors and industry.
B.
The Town recognizes that a property owner may wish to remove a nonhazardous
public shade tree. The Town of South Hadley defines public shade trees
under MGL c. 87. Public shade trees shall not be removed other than
by or on behalf of the Town. If a property owner wishes to remove
a tree that the Tree Warden does not deem a hazard, the following
steps shall be taken:
(2)
The Tree Warden shall hold a public hearing. The cost of the
legal notice for the hearing shall be paid by the property owner,
unless the Tree Warden is already posting a legal notice for the removal
of other Town trees. In this case, the property owner's tree
shall be included in the legal notice and the property owner shall
not be responsible for any portion of the cost of the notice.
(3)
If, at the hearing, no person objects to the removal of the
tree, the property owner shall be allowed to remove the tree. The
property owner will be responsible for all applicant responsibilities
and tree replacement requirements as described below in the nonhazardous
tree removal policy.
(4)
If, at the hearing, any person objects to the removal, in accordance
with MGL c. 87, the Tree Warden cannot grant approval to remove the
Town tree. The property owner may appeal to the Selectboard.
(5)
An appeal for removal of a tree shall be submitted to the Selectboard
in writing. The appeal shall state the reason(s) the applicant wishes
to remove the tree.
(6)
If the Selectboard approves the removal of the Town tree, the
property owner will be responsible for all applicant responsibilities
and tree replacement requirements as described below in the nonhazardous
tree removal policy.
C.
Applicant responsibilities.
(1)
Any applicant that is granted permission to remove a nonhazardous
public shade tree will be responsible for all expenses associated
with the removal of the tree and stump, to include, but not be limited
to:
(a)
Any additional permits or notifications that may be required.
(b)
The cost of complete tree removal, disposal of wood, stump removal
or grinding, backfilling of stump hole, including loam and reseeding
of lawn areas.
(c)
The cost of police details.
(d)
Repair of street surface and shoulder.
(e)
Repair and restoration of utility services.
(f)
Performance bond if required by the Tree Warden.
(2)
All tree work shall be performed in compliance with ANSI Z-133
and International Arboriculture and Tree Care Industry Association
standards. The tree removal contractor must be approved by the Tree
Warden as to equipment, qualifications and experience. Certificates
of insurance, including worker's compensation, bodily injury,
property damage and liability, satisfactory to the Town requirements
shall be submitted to the Town prior to starting work.
(3)
Before the start of any work or arrival of equipment or materials,
the contractor shall arrange a preconstruction conference with the
Tree Warden. At said conference the Tree Warden will identify trees
and shrubs that are to be protected or removed. The Tree Warden may
require the installation of fencing, mulches or temporary surfaces
to protect surrounding vegetation and Town infrastructure.
D.
Tree replacement requirements.
(1)
For every nonhazardous public shade tree removed by a property
owner, the Town requires replacement(s) according to the provisions
below. DBH = "diameter at breast height," defined as 4.5 feet above
ground level.
|
DBH of Removed Tree
(inches)
|
Replacement Tree(s)
| |
|---|---|---|
|
3 up to 12
|
1
| |
|
13 up to 24
|
2
| |
|
25 up to 36
|
3
| |
|
Greater than 36
|
4
|
(2)
The property owner shall choose one of three options to satisfy
the tree replacement requirements:
(a)
Provide and plant replacement trees according to the quantities
described above. Replacement trees shall be at least two inches DBH.
The replacement shall be a species that is appropriate to the site
and approved by the Tree Warden. The Tree Warden shall inspect replacements
prior to planting to ensure they are in satisfactory condition.
(b)
Make a payment to the Town's tree planting account. The
amount of the payment shall be computed by multiplying $125 times
the required number of replacement trees.
(c)
A combination of planting(s) and payment to the tree planting
account.
(3)
Nothing contained in this policy shall prohibit the Tree Warden
from refusing to permit the removal of nonhazardous public shade trees.
The Tree Warden may refuse to grant a permit for the removal of a
nonhazardous tree if, in his or her opinion, the tree is of historic
or scenic value; is of a size or species not commonly found along
the roadways of South Hadley; has significant wildlife value; or is
an unusually healthy or significant specimen.
