[HISTORY: Adopted by the Town Council of the Town of Braintree 4-25-2023 by Order No. 22-037. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Appendix A: Recommended Native Species
Healthy trees and a robust tree canopy are essential for human and environmental health. They reduce air and noise pollution, prevent adverse climate effects such as the heat island effect, and reduce flooding. They also provide energy-saving shade and cooling, furnish habitat for wildlife, enhance aesthetics and property values, and are an important contributor to community image, pride, and quality of life.
As such, this chapter is intended to complement and strengthen MGL c. 87, §§ 1 through 14, "Shade Trees," by preserving and protecting the shade and street trees presently existing along Braintree's accepted public ways through the public hearing process set forth in that statute, and by having a formal mechanism for replacement of those trees that are removed due to injury, disease, or otherwise pursuant to Section 3 of Chapter 87 of the General Laws.
ACCEPTED PUBLIC WAY
Streets or roads, by whatever term so-called, laid out by the Town of Braintree but excluding state highways, streets and roads under the jurisdiction of Massachusetts Department of Transportation.
DIAMETER AT BREAST HEIGHT (DBH)
The standard measure of tree size for those trees existing on a site that are at least eight inches in diameter at a height of 4 1/2 feet above the existing grade at the base of the tree. If a tree splits into multiple trunks below 4 1/2 feet above the existing grade, the DBH shall be considered to be the measurement taken at the narrowest point beneath the split.
INVASIVE SPECIES
Species are characterized as "Invasive" or "Likely Invasive" by the Massachusetts Invasive Plant Advisory Group, including but not limited to:
Amur cork-tree (Phellodendron amurense)
Black locust (Robinia pseudoacacia)
Norway maple (Acer platanoides)
Sycamore Maple (Acer pseudoplatanus)
Tree of Heaven (Ailanthus altissima)
JURISDICTIONAL TREE
Shall consist of protected trees and public shade trees.
NATIVE SPECIES
Native plants with origins east of the Mississippi River per the USDA plant database, with a preference for species from the US Environmental Protection Agency Ecoregion Level III Northeastern Coastal Zone (#59), and secondary preference for Northeastern Highlands (#58) and the Atlantic Coastal Pine Barrens (#84).
PROTECTED TREE
Any non-invasive tree, having a diameter of eight inches DBH or larger, along or within an accepted public way, or located upon any Town owned land, excepting land owned and controlled by the Town of Braintree Conservation Commission.
PUBLIC SHADE TREE
Pursuant to MGL c. 87, all trees within a public way or on the boundaries thereof including trees planted in accordance with the provisions of MGL c. 87, § 7, shall be public shade trees; and when it appears in any proceeding in which the ownership of or rights in a tree are material to the issue, that, from length of time or otherwise, the boundaries of the highway cannot be made certain by records or monuments, and that for that reason it is doubtful whether the tree is within the highway, it shall be taken to be within the highway and to be public property until the contrary is shown.
TREE COMMITTEE
A seven-member body, appointed by the Mayor, consisting of a certified arborist, the Conservation Planner or designee, the Tree Warden's designee, a member of the Electric Light Board, and three knowledgeable residents.
TREE PLAN
Shall include the location, species, and DBH of each tree where work is to be performed, and shall designate the trees to be removed, specify which trees are to remain, if any, and the proposed location, species and DBH of replacement trees, if applicable.
A. 
Cutting, trimming or removal of a jurisdictional tree, as defined, by any person or entity other than the Tree Warden or the Deputy Tree Warden, shall require a public hearing and tree permit.
B. 
The application for a permit to cut, trim or remove a jurisdictional tree shall be submitted in writing to the Tree Warden, and include a brief description of the work to be performed and a Tree Plan showing the location, species, and DBH of each tree along the impacted segment of the public way, and shall indicate clearly which trees are to be removed. If replacement trees are to be planted, the plan shall indicate the replacement location and species, and DBH.
C. 
A public hearing on the cutting, trimming or removal of a jurisdictional tree shall be noticed of the time and place of such hearing thereof, which shall identify the size, type and location of the shade tree or trees to be cut down or removed, to be posted in two or more public places in the Town and upon the tree at least seven days before such hearing and published in a newspaper of general circulation in the city or Town once in each of two successive weeks, the first publication to be not less than seven days before the day of the hearing, and notice shall be provided to the Tree Committee and District Councilor not less than seven days before the hearing.
D. 
If no written objections are produced either at or before the public hearing, the Tree Warden shall issue the written tree permit dependent on a sufficient Tree Plan and determination of replacement or payment in lieu of replacement. The tree permit shall specify the authorized work to be performed and whether replacement trees or payment in lieu of replacement has been authorized.
E. 
Cutting, trimming or removal of either a public shade tree or protected tree, as defined, by the Tree Warden or the Deputy Tree Warden, shall not require a permit, but shall require a public hearing and notice compliant with Section 12.30.030C above. If more than one tree is to be removed in any one location, a Tree Plan shall be prepared and submitted with the written notice.
A. 
Emergencies. If the Tree Warden determines, pursuant to Section 5 of Chapter 87 of the General Laws that a jurisdictional tree must be trimmed, cut or removed due to hazardous condition, the requirements of Section 12.30.030E of this chapter shall not be applicable. Written notice after the fact of the trimming, cutting or removal shall be provided within 14 days to both the Tree Committee and the District Councilor.
B. 
Tree Committee shall review any removal under this section and determine if a replacement tree shall be planted, and the location thereof.
A replacement tree shall be planted within 18 months of the removal of the jurisdictional tree, but as soon as possible based on the ideal growing conditions.
A. 
A replacement tree shall be a non-cultivar, native species, or chosen from the preferred species list referenced in Appendix A[1] or as set forth by the Tree Committee, and replacement shall be at a one to one ratio. A replacement tree shall be required to survive for a minimum of 18 months from the date it is planted. If a replacement tree dies within 18 months from the date of planting, it must be replaced.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B. 
A replacement tree shall be planted in close proximity to the location of removal.
In lieu of planting a replacement tree, a payment may be made to the Tree Replacement Fund in an amount equivalent to the cost of purchasing, planting, watering and maintaining said replacement trees for a period of not less than 18 months. Rates shall be established annually by the Tree Committee. This section shall not be applicable to the Tree Warden or Deputy Tree Warden.
The Tree Replacement Fund has been established pursuant MGL c. 44, § 53E1/2. See Braintree Ordinance c. 3.140, Section 3.140.050, "Authorized Revolving Funds," Subsection J, "Tree Replacement Revolving Fund." Any payments into the Tree Replacement Fund shall be deposited in said Fund, and shall be used for tree related needs, which shall include but not be limited to buying, planting and maintaining trees in the Town.
The Tree Committee with input from the Conservation Commission and the Tree Warden, shall expend these funds for tree planting, transplanting, care, and other tree-related needs as requested by the Town or as determined by the Tree Committee, with planting preference to areas with the lowest percentage of tree canopy cover, designated heat islands or neighborhoods with an Environmental Justice Block Group Population.