The Town finds that the preservation of existing trees, the promotion of new tree planting and the maintenance of the community's urban forest is a public purpose that protects the public health, welfare, environment, aesthetics and quality of life of the Town and its citizens. The purpose of this chapter is to promote a diverse, healthy and sustainable urban canopy in order to maintain the historic character of Fairhaven, to provide for the general welfare and enhance the appearance and land values of the Town. The Town has invested substantial resources for many years to plant and maintain trees and these trees belong to the citizens of the Town. The Town also recognizes the need for a highly reliable network of public utilities to supply businesses, homes, hospitals and other services in an area subject to storms and high winds and therefore includes rules for emergency work and tree removal when necessary.
[HISTORY: Adopted by the Annual Town Meeting of the Town of Fairhaven 5-4-2024 ATM by Art. 22B. Amendments noted where applicable.]
A street or road that has been accepted by and is now owned by the Town.
To change the condition of any aspect of a public shade tree or its immediate environment.
The critical root zone of a tree is also referred to as a tree protection zone. Essentially, it is an invisible or imaginary circle that runs along or just outside the drip line of a tree. This area is important to a tree because it is where the most critical tree roots are located beneath the ground.
The standard measure of tree having at least four inches in diameter at a height of 4.5 feet above the existing grade at the base of the tree. If the tree splits into multiple trunks below 4.5 feet above the existing grade, the DBH shall be considered to be the measurement taken at the narrowest point beneath the split.
A tree that has structural defects in the roots, stem, or branches that may cause the tree or parts of the tree to imminently or have a high likelihood of failing, where such failure may cause property damage or personal injury per International Society of Arborists latest edition Risk Assessment Handbook.
The selective removal of plant parts, such as branches, buds, or roots to improve the tree's healthy growth.
Trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the Town other than a state highway, and all trees, shrubs, bushes, and as further defined in Massachusetts General Laws Chapter 87, § 1. Public shade trees are commonly called "street trees." 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 or a park or on land surrounding a public building, it shall be taken to be public property until the contrary is shown.
Any street or highway that is open to the public and is controlled and maintained by state or municipal government.
The cutting down of any public shade tree or Town tree and all other acts which cause the actual removal or the effective removal through direct or indirect actions resulting in the death or damage of a public tree, including, but not limited to, excessive or improper pruning.
All trees, other than public shade trees, located on Town lands, including parks, schoolyards, conservation lands, and any other land owned by the Town.
The appointed agent of the Town having primary enforcement responsibilities under this chapter and MGL c. 87 and charged with the responsibility for review, notification and record keeping required pursuant to this chapter.
Cutting back of plant material for reason other than health concerns, e.g., for shape or appearance.
A.
Tree Warden:
(1)
The Tree Warden shall have the primary care and control of all public shade trees, shrubs and growths in the Town. This includes public shade trees in the right-of-way of streets, except those within a state highway. The Tree Warden shall also have the primary care and control of Town trees if so requested in writing by the Town board or department with authority over that Town land.
(2)
The Tree Warden shall be a Massachusetts Tree Wardens and Foresters Association qualified Tree Warden.
(3)
The Tree Warden shall enforce all the provisions of MGL Chapter 87 and this chapter and any other Town policies regarding public shade trees and Town-owned trees other than those residing on Conservation Commission land.
(4)
The Tree Warden shall adhere to the regulations for the care, preservation, maintenance and removal of public shade trees, or other trees under their control, as established in this bylaw.
(5)
The Tree Warden may designate a qualified Deputy Tree Warden with the approval of the Town Administrator.
B.
Permitting. The Town will have an approved permitting policy in regard to working on or around public shade trees. The policy will be approved by the Select Board.
C.
Intended or negligent damage to public shade trees. The Town will have a fine schedule for damage, whether intended or due to negligence to public shade trees. The fine schedule will be approved by the Select Board.
D.
Planting.
(1)
The Tree Warden will be responsible for planting public shade trees. The species planted will be selected from the University of Massachusetts Forestry Department recommendations as well as the Massachusetts Department of Conservation and Recreations guidelines.
(2)
Every public shade tree removed by the Town or any other entity will be replaced on a one-for-one basis at least. Under special circumstances where there are very few trees in a given area if a tree is removed a two-for-one may be required by the Tree Warden. If the tree removed is in such a location that does not support the replanting of a tree then another local site can be utilized.
(3)
Public shade trees and all Town-owned trees will be planted utilizing best management practices per the latest edition of ANSI A300 standards.
E.
Maintenance: Pruning and trimming standards. All pruning and trimming of public shade trees will be done to the latest edition of the International Society of Arborists 300 standards.