Nothing in this chapter shall preclude the Town, or a public
utility, from removing a tree on Town property without prior notice
if the tree represents an immediate threat to the public way or public
safety (e.g., tree seriously damaged by storm, uprooted). In such
cases, the Town shall remove the portion of the tree that poses an
immediate threat (e.g., a hanging limb).
A.
Nothing in this chapter shall abridge the powers of the Tree Warden
to act in the interest of public safety regarding the removal of hazardous
trees. The Tree Warden may remove a tree, which, because of its condition
and location, is deemed to endanger the health and/or safety of the
general public, as outlined in the ISA Tree Assessment Form (Appendix
A[1]).
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
Requests or petitions for removal of hazardous trees shall be made
to the Department of Public Works. The discretion and sound judgment
of the Tree Warden alone determines whether a tree shall be removed
after such request for removal has been made.
C.
With the goal of improving Greenfield's tree canopy, each tree removed
which is replaced will be replaced as outlined in following Tree Replacement
Requirements Table:
|
Tree Replacement Requirements Table
| |||
|---|---|---|---|
|
Size of Tree Removed
|
Replacement Required
|
Replacement Schedule
| |
|
Less than 12 inches' DBH
|
1 tree with a minimum 3-inch caliper if in a tree pit; 1.5 trees
with a minimum 2-inch caliper in all other locations
|
During the same calendar year's growing season or, if removed
in winter, the following spring or fall
| |
|
Greater than 12 inches' DBH
|
2 trees with a minimum 3-inch caliper if in a tree pit; 1.5
trees with a minimum 2-inch caliper in all other locations
|
During the same calendar year's growing season or, if removed
in winter, the following spring or fall
| |
A.
Trees on public property belong to all residents of Greenfield and provide many benefits. It is a priority of the Town to preserve and protect all trees on Town property. If on the rare occasion the Tree Warden determines that a nonhazardous tree must be removed, as funds allow it will be replaced by planting as required in the Tree Replacement Table § 400-16C.
B.
Following is the procedure for requesting the removal of a nonhazardous
tree:
(1)
Requests for the removal of a tree shall be filed with the Tree Warden
and acted upon by the Tree Warden and the Planning Board in a public
hearing as provided by MGL c. 87.
(2)
Replacement trees that die within the first year will be replaced,
subject to appropriation.
(3)
The Tree Warden will select the appropriate trees and locations that
will not interfere with buried or above-ground utilities; will minimize
root damage to streets and sidewalks; and will not become a nuisance.
A replacement tree is not required to be located on the section of
public right-of-way from which it was removed. It may be planted on
an approved location as follows: a) on public property, b) on their
own property next to a public right-of-way, or c) on other private
property that is next to a public right-of-way with permission of
the property owner. The petitioner shall provide the Planning Board
and the Tree Warden with a suitable guarantee that the replacement
trees will be provided prior to the removal of the live tree in question.
(4)
All costs incurred, including related work, regardless of contractor,
shall be the responsibility of the citizen making the nonhazardous
tree removal request, unless otherwise stated in a written agreement
with the Town.
(5)
All work related to tree removal must be done by the DPW or a contractor
hired or approved by the Town.
(6)
All work in a public right-of-way shall be conducted to the specifications
of the Director of the Department of Public Works and the Tree Warden.
If the Tree Warden assesses that a tree on private property
may pose a hazard to the public right-of-way in the near future, he/she
will contact the owner of the tree about the condition of the tree
with a request that the owner remedy the situation by pruning or removing
the tree.
If a tree is deemed unhealthy, but does not fit the definition of a tree in need of emergency removal as defined in § 400-15, below is the tree removal decision process. If, during the process, the tree poses an immediate threat to the public way or public safety, the DPW may exercise its emergency removal responsibilities. If a tree has been posted for removal, anyone may file an appeal of the Tree Warden's decision with the DPW Director, within 20 days after the notice has been posted. If an objection to removing a tree is made in writing at or before a public hearing, the Tree Warden shall not cut down or grant a permit for cutting down a public shade tree. Such objection, however, may be overruled by the Mayor.
