The terms and provisions of this chapter shall apply to any
activity on Town property and any activity that requires the issuance
of a tree planting permit. No tree planting permit shall be issued
by the Town without it being determined that the proposed activity
is in conformance with the provisions of these regulations and approved
by the Tree Warden.
This chapter shall not abridge the powers of the Tree Warden
as provided by MGL c. 87. The Tree Warden shall have the care and
control of all public shade trees, shrubs and growths in the Town,
except those within a state highway, and shall enforce all the provisions
of law for the preservation of such trees, shrubs and growths. The
Tree Warden shall expend all money appropriated for the setting out
and maintenance of such trees, shrubs and growths, and no tree shall
be planted within a public way without the approval of the Tree Warden.
The Tree Warden may make regulations for the care and preservation
of public shade trees; which, when posted in one or more public places,
shall have the effect of Town ordinances.
The Town, through the DPW Director or designee, will determine
if a tree is on Town or private property.
No person shall in any manner cut, girdle, mutilate, break off
limbs, or deface any tree on Town land, including posting notices,
except as permitted herein.
The Tree Warden and DPW Director shall not allow a tree to be
planted on Town property, or on private property where the Town is
paying for the tree, that will negatively impact an active or planned
solar collection system, public lighting, street lamps or privately
illuminated freestanding commercial signage without the consent of
the sign owner.
[Amended 9-19-2018 by Order No. FY 19-025]
It shall be the duty of the Tree Warden to enforce this chapter. The Tree Warden or the designee shall have the authority to revoke, suspend or void the tree planting permit and shall have the authority to suspend all work on a site or any portion thereof and levy fines as provided by §
400-10.
Any person, firm or corporation violating any of the provisions
of this chapter shall be deemed guilty of a misdemeanor and subject
to the cost of repair or replacement and a fine of $100 for the first
offense, $200 for the second offense and $300 for the third or subsequent
offenses. Any fines collected pursuant to this chapter shall be used
to replace or maintain Town trees.