[HISTORY: Adopted by the City Council of the City of Westbrook
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-11-1972 (Ch.
32 of the 2007 Code)]
This article shall be known and may be cited as the "Municipal
Tree Ordinance of the City of Westbrook."
For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural include the singular,
and words in the singular include the plural. The word "shall" is
mandatory and not merely directory.
The designated department of the municipality under whose
jurisdiction park and/or street trees fall.
The designated official of the City of Westbrook assigned
to carry out the enforcement of this article.
Any person, firm, partnership, association, corporation,
company, or organization of any kind.
The outer edge of a street or highway right-of-way.
The person owning such property as shown by the Tax Maps,
City of Westbrook, unless proof to the contrary is available.
All grounds owned by the City of Westbrook.
All shade and ornamental trees now or hereafter growing on
any street or any public areas or overhanging said street or public
areas.
The entire width of every public way or right-of-way when
any part thereof is open to the use of the public, as a matter of
right.
Part of a street or highway, not covered by sidewalk or other
paving, lying between the property line and that portion of the street
or highway usually used for vehicular traffic.
[Amended 5-21-2018 by Ord. No. 2018-69]
The Recreation and Conservation Commission may study the problems
and determine the needs of the City in connection with its tree-planting
program.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Municipal Arborist shall be a person skilled and trained
in the arts and sciences of municipal arboriculture and shall hold
a college degree or its equivalent in arboriculture, ornamental or
landscape horticulture, urban forestry, or other closely related field.
The Municipal Arborist shall have passed any applicable state examinations
and shall hold a current regular arborist's license from the State
of Maine.
[Amended 5-21-2018 by Ord. No. 2018-69]
The Municipal Arborist shall have the authority to promulgate
the rules and regulations of the arboricultural specifications and
standards of practice governing the planting, maintenance, removal,
fertilization, pruning, and bracing of trees on the streets or other
public sites in the municipality and shall direct, regulate, and control
the planting, maintenance, and removal of all trees growing now or
hereafter in any public area of the City of Westbrook. He shall cause
the provisions of this article to be enforced. In his absence, these
duties shall be the responsibility of a qualified alternate designated
by City administration.
[Amended 5-21-2018 by Ord. No. 2018-69]
A.
Ensure safety and preserve aesthetics. The Municipal Arborist shall
have the authority and jurisdiction of regulating the planting, maintenance,
and removal of public trees on streets and other publicly owned property
to ensure safety or preserve the aesthetics of such public sites.
B.
Supervise and inspect. The Municipal Arborist shall have the authority
and it shall be his duty to supervise or inspect all work done under
a permit issued in accordance with the terms of this article.
C.
Affix conditions to permits. The Municipal Arborist shall have the
authority to affix reasonable conditions to the granting of a permit
in accordance with the terms of this article.
D.
Formulate master street tree plan; contents, effect of plan. The
Municipal Arborist shall have the authority to formulate a master
street tree plan with the advice of the Recreation and Conservation
Commission. The master street tree plan shall specify the species
of trees to be planted on each of the streets or other public sites
of the municipality. From and after the effective date of the master
street tree plan, or any amendment thereof, all planting shall conform
thereto.
(1)
Consideration of utility and environmental factors. The Municipal
Arborist shall consider all existing and future utility and environmental
factors when recommending a specific species for each of the streets
and other public sites of the municipality.
(2)
Amendments. The Municipal Arborist, with the advice of the Recreation
and Conservation Commission, shall have the authority to amend or
add to the master street tree plan at any time that circumstances
make it advisable.
A.
Planting, maintenance or removal generally.
(1)
No person shall plant, spray, fertilize, preserve, prune, remove,
cut above ground, or otherwise disturb any tree on any street or municipally
owned property without first filing an application and procuring a
permit from the Municipal Arborist or otherwise specified municipal
authority. The person receiving the permit shall abide by the arboricultural
specifications and standards of practice adopted by the Municipal
Arborist. In emergency situations, such as storm damage to trees,
requiring immediate pruning or removal, the work may be done; however,
the Arborist must be informed of such action within two days thereafter.
(2)
Application for permits must be made at the office of the Municipal
Arborist not less than 48 hours in advance of the time the work is
to be done.
(3)
Standards of issuance. The Municipal Arborist shall issue the permit
provided for herein if, in his judgment, the proposed work is desirable
and the proposed method and workmanship thereof are of a satisfactory
nature. Any permit granted shall contain a definite date of expiration
and the work shall be completed in the time allowed on the permit
and in the manner as therein described. Any permit shall be void if
its terms are violated.
(4)
Notice of completion shall be given within five days to the Municipal
Arborist for his inspection.
B.
Planting:
(1)
Application data. The application required herein shall state the
number of trees to be set out; the location, grade, species, cultivar
or variety of each tree; the method of planting; and such other information
as the Municipal Arborist shall find reasonably necessary to a fair
determination of whether a permit should be issued.
(2)
Improper planting. Whenever any tree shall be planted or set out
in conflict with the provisions of this section, it shall be lawful
for the Municipal Arborist to remove or cause removal of the same,
and the exact cost thereof shall be assessed to the owner as provided
by law in the case of special assessments.
C.
Maintenance:
(1)
Application data. The application required herein shall state the
number and kinds of trees to be sprayed, fertilized, pruned, or otherwise
preserved; the kind of treatment to be administered; the composition
of the spray material to be applied; and such other information as
the Municipal Arborist shall find reasonably necessary to a fair determination
of whether a permit should be issued.
D.
Removal, replanting and replacement:
(1)
Whenever it is necessary to remove a tree or trees from a tree lawn
in connection with the paving of a sidewalk, or the paving or widening
of the portion of a street or highway used for vehicular traffic,
the municipality shall replant such trees or replace them. Provided
that conditions prevent planting on tree lawns, this requirement will
be satisfied if any equivalent number of trees of the same size and
species as provided for in the arboricultural specifications are planted
on the adjoining property.
(2)
No person or property owner shall remove a tree from the tree lawn
for the purpose of construction, or for any other reason, without
first filing an application and procuring a permit from the Municipal
Arborist, and without replacing the removed tree or trees in accordance
with the adopted arboricultural specifications. Such replacement shall
meet the standards of size, species, and placement as provided for
in a permit issued by the Municipal Arborist. The person or property
owner shall bear the cost of removal and replacement of all trees
removed.
Unless specifically authorized by the Municipal Arborist, no
person shall intentionally damage, cut, carve, transplant or remove
any tree; attach any rope, wire, nails, advertising posters, or other
contrivance to any tree; allow any gaseous liquid or solid substance
which is harmful to such trees to come in contact with them; or set
fire or permit any fire to burn when such fire or the heat thereof
will injure any portion of any tree.
No person shall hinder, prevent, delay, or interfere with the
Municipal Arborist or any of his assistants while engaged in carrying
out the execution or enforcement of this article; provided, however,
that nothing herein shall be construed as an attempt to prohibit the
pursuit of any remedy, legal or equitable, in any court of competent
jurisdiction for the protection of property rights by the owner of
any property within the municipality.
A.
All trees on any street or other publicly owned property near any
excavation or construction of any building, structure, or street work
shall be guarded with a good substantial fence, frame, or box not
less than four feet high and eight feet square, or at a distance in
feet from the tree equal to the diameter of the trunk in inches diameter
at breast height (DBH), whichever is greater, and all building material,
dirt, or other debris shall be kept outside the barrier.
B.
No person shall excavate any ditches, tunnels, or trenches or lay
any drive within a radius of 10 feet from any public tree without
first obtaining a written permit from the Municipal Arborist.
No person shall deposit, place, store, or maintain upon any
public place of the municipality any stone, brick, sand, concrete,
or other materials which may impede the free passage of water, air,
and fertilizer to the roots of any tree growing therein, except by
written permit of the Municipal Arborist.
The Municipal Arborist shall have the authority to promulgate
the rules and regulations of the arboricultural specifications and
standards of practice governing the planting, maintenance, removal,
fertilization, pruning, and bracing of trees on the streets or other
public sites in the municipality.
[Adopted 12-3-1973 (Ch.
15 of the 2007 Code); amended 11-20-2023 by Ord. No. 2023-124]
The purpose of this article is to identify publicly owned parcels
that provide value for the purposes of public recreation, timber harvesting,
wildlife habitat, environmental protection, and/or affiliated educational
use.
A.
Management plans.
(1)
The Recreation and Conservation Commission may develop and recommend
management plan for a green space designated parcel, subject to the
approval of City Council. Such management plans shall include the
significance of the parcel as it relates to this article and may include
restrictions on the development or use of the parcel.
B.
Development review.
(1)
To ensure compliance with the purpose of this article, the Recreation
and Conservation Commission shall review any proposal for a new use,
construction or development on a green space designated parcel except
for:
(2)
A recommendation from the Recreation and Conservation Commission on any new use, construction, or development on a green space designated parcel that requires review under § 295-15B(1) is required. In the event that a negative recommendation is provided by the Recreation and Conservation Commission, review and approval by the City Council is required.
A.
The Recreation and Conservation Commission shall inventory property
held by the City and may recommend parcels to be dedicated solely
to the purposes of this article. Such recommendations shall be submitted
to the Planning Board.
B.
The Planning Board shall review all parcels recommended by the Recreation
and Conservation Commission for green space designation and shall
provide a recommendation to the City Council.
C.
The City Council shall review the recommendations of both the Recreation
and Conservation Commission and the Planning Board. Dedication shall
require a 2/3 vote of the City Council.
D.
The Recreation and Conservation Commission may recommend the acquisition
of land to be designated as green space, subject to the approval of
City Council.
The removal of a green space designation, in whole or in part,
shall require a 2/3 favorable vote of each of the following City boards:
The schedule of green space designated parcels is on file in
the Assessing Department.
