[HISTORY: Adopted by the Tree Committee of the Town of South
Hadley 1-18-2014. Amendments noted
where applicable.]
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.
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:
A.
The property owner must submit a completed tree removal permit application
to the Tree Warden.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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, including, but not limited
to:
(1)
Any additional permits or notifications that may be required.
(2)
The cost of complete tree removal, disposal of wood, stump removal
or grinding, and backfilling of stump hole, including loam and reseeding
of lawn areas.
(3)
The cost of police details.
(4)
Repair of street surface and shoulder.
(5)
Repair and restoration of utility services.
(6)
Performance bond if required by the Tree Warden.
B.
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 workers' compensation, bodily injury, property damage and
liability, satisfactory to the Town requirements shall be submitted
to the Town prior to starting work.
C.
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.
A.
For every nonhazardous public shade tree removed by a property owner
the Town requires replacement(s) according to the provisions below.
|
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
|
|
Note: DBH = diameter at breast height, defined as 4.5 feet above
ground level.
|
B.
The property owner shall choose one of three options to satisfy the
tree replacement requirements:
(1)
Provide and plant replacement trees according to the quantities described
above. Replacement trees shall be at least two inches' DBH. The replacements
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.
(2)
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.
(3)
A combination of planting(s) and payment to the Tree Planting Account.
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.
