No live tree over three inches in diameter, measured at a height of four and one half feet from the ground (dbh), mechanically sound and not diseased and which is located on Town of Hopkinton park or conservation lands, or within any public street right-of-way, shall be cut down or removed by anyone unless notice in writing is given to the Tree Warden of such intention, which notice must specify in detail sufficient for identification, the tree or trees to be so cut down or removed and the name and address of the person, firm or governmental agency submitting such notice, and a public hearing is held.
[HISTORY: Adopted by the Town Meeting of the Town of Hopkinton 5-5-2003 ATM by Art. 32.[1] Amendments noted where applicable.]
[1]
Editor's Note: This article also repealed former Ch. 186, Trees, adopted 4-11-1979 STM by Art. 8.
Upon receipt of such notice of intention, the Tree Warden shall notify the town board or commission which has jurisdiction over the property upon which the tree or trees are located, and such board or commission shall arrange for a public hearing to be held before it within 30 days of receipt of such written notice. Notice of the hearing shall be posted in two or more public places in the town and upon said tree or trees no less than seven days before the date set for such hearing.
The Tree Warden is responsible for enforcement of this chapter. Whoever violates any provision of this chapter shall be liable for a fine of not more than the maximum permitted by law for each citation for any violation and shall be required to restore any damage. The Tree Warden may order that trees removed in violation of this chapter be replaced. Removal of each individual tree shall be considered a separate violation.