(Added 3-24-2025 by Ord. No. C0087-25)
Nothing in this division shall be construed to restrict, amend, repeal, or otherwise limit the application or enforcement of existing municipal or state law.
(Added 3-24-2025 by Ord. No. C0087-25)
(a)
There is hereby established a tree replacement fund which shall be held by the City Treasurer in an account and administered in accordance with applicable provisions of the Massachusetts General Laws.
(b)
Any payments into the tree replacement fund shall be deposited in said fund and shall be used solely for the purpose of supporting tree planting and maintenance throughout the entire city.
(c)
Voluntary contributions may be made to benefit tree planting and maintenance in the city shall be deposited into the tree replacement fund.
(Added 3-24-2025 by Ord. No. C0087-25)
The terms and provisions of this division shall be administered by the Tree Warden and shall apply to any applicable significant tree and to any public tree or public shade tree and their critical root zone located within the city.
(Added 3-24-2025 by Ord. No. C0087-25)
(a)
The Tree Warden shall be a certified arborist by the Massachusetts Arborist's Association, the International Society of Arboriculture, or any successor of either organization, and shall be appointed by the Mayor.
(Added 3-24-2025 by Ord. No. C0087-25)
(a)
A tree survey shall be required in the case of any project that requires any building permit, a special permit per Appendix A, Section 3 of these Revised Ordinances, or a site plan review per Appendix A, Section 19 of these Revised Ordinances[1] or for any project that requires or may result in any public tree(s) or public shade tree(s) being removed, damaged, or disturbed including through pruning, digging, or the compaction of soil due to the passage or parking of vehicles or equipment within the critical root zone.
(b)
A tree survey may be self-submitted and certified by the applicant at the time of the building permit application in the case of any project that will not require or result in any public tree(s) or public shade tree(s) being removed, damaged or disturbed and that does not require a special permit per Appendix A, Section 3 of these Revised Ordinances or a site plan review per Appendix A, Section 19 of these Revised Ordinances.
(c)
A tree survey shall include the location, tree type and description of impact for all significant tree(s) that will be removed, damaged, or disturbed by any project requiring any building permit and that will not require or result in any public tree(s) or public shade tree(s) being removed, damaged or disturbed and that does not require a special permit per Appendix A, Section 3 of these Revised Ordinances or a site plan review per Appendix A, Section 19 of these Revised Ordinances.
(d)
In the case of any project that requires or may result in any public tree(s) or public shade tree(s) being removed, damaged or disturbed or any project requiring a special permit per Appendix A, Section 3 of these Revised Ordinances or a site plan review per Appendix A, Section 19 of these Revised Ordinances, a tree survey shall include the location, genus, species, height, DBH and critical root zone of all significant tree(s), public tree(s) and public shade tree(s) that will be removed, damaged, or disturbed, including those removed from a lot up to five (5) years prior to the submission of a tree survey unless otherwise certified in writing by the Tree Warden.
(e)
In the case of any project that requires or may result in any public tree(s) or public shade tree(s) being removed, damaged or disturbed or any project requiring any building permit or special permit per Appendix A, Section 3 of these Revised Ordinances or a site plan review per Appendix A, Section 19 of these Revised Ordinances, a tree survey shall be signed and certified by a certified arborist and submitted to the Tree Warden not less than 21 days prior to the submission of the application for a building permit, special permit or site plan review.
(f)
Please see the City Tree Policy for further details regarding tree surveys.
(Added 3-24-2025 by Ord. No. C0087-25)
(a)
A tree permit shall be required in the case of any project where any applicable significant tree(s) or any public tree(s) or any public shade tree(s) will be removed, damaged, or disturbed including pruning, digging, or through the compaction of soil due to the passage or parking of vehicles or equipment within the critical root zone of the tree(s).
(b)
No tree permit shall be required for the removal or disturbance of any significant tree(s) located wholly on a lot not owned or managed by the City except in the case of any project which requires a special permit per Appendix A, Section 3 of these Revised Ordinances or a site plan review per Appendix A, Section 19 of these Revised. Ordinances.[1]
(c)
No tree permit application fee shall be charged.
(d)
Upon the issuance of a tree permit, the Tree Warden may prescribe in writing such protective measures for existing tree(s) as they deem necessary. The Tree Warden shall make a determination that the prescribed protective measures have been adequately provided before any disturbance of the site related to the permitted activity may begin.
(e)
In the case of any project which requires a tree permit, the owner of the lot shall be required to commit to comply with all provisions of the tree permit, provisions of the mitigation plan, the tree protection plan, and other provisions of this division and regulations promulgated hereunder.
(f)
Any tree permit issued by the Tree Warden shall be valid for 90 days from issuance. The Tree Warden, following an email or written request by the applicant, may extend the length of the permit for any length of time, as they deem necessary and appropriate.
(g)
A tree permit may be suspended or revoked at any time by the Tree Warden upon written notice to the permit holder that the permit holder has failed to comply with either this division or the conditions of the tree permit. The written notice shall be sent by certified mail, return receipt requested, or by hand delivery and shall provide an opportunity for the permit holder to correct the non-compliance and apply for a renewal of the tree permit upon compliance, where practicable.
(h)
The requirements of this division may be waived by the Tree Warden during the period of an emergency such as a tornado, windstorm, flood or other act of God. The Tree Warden shall memorialize such instances in writing and keep a record of the same.
(i)
Please see the City Tree Policy for further details regarding tree permits.
(Added 3-24-2025 by Ord. No. C0087-25)
(a)
A mitigation plan shall be required in the case where a tree permit allows any applicable significant tree(s), public tree(s), or public shade tree(s) to be removed or effectively removed due to tree damage or disturbance including through pruning, digging, or through the compaction of soil due to the passage or parking of vehicles or equipment within the critical root zone.
(b)
No tree mitigation plan, payment or replacement tree(s) shall be required for removal of significant tree(s) located wholly on a lot not owned or managed by the city except in the case of any project which requires a special permit per Appendix A, Section 3 of these Revised Ordinances or a site plan review per Appendix A, Section 19 of these Revised Ordinances.[1]
(c)
Replacement tree(s) or a mitigation payment shall be required for all applicable significant tree(s), public tree(s), or public shade tree(s) removed from a lot up to five years prior to the application for a tree permit in the case of a project requiring a special permit per Appendix A, Section 3 of these Revised Ordinances or a site plan review per Appendix A, Section 19 of these Revised Ordinances, unless otherwise certified in writing by the Tree Warden.
(d)
A mitigation plan shall be subject to approval by the Tree Warden.
(e)
Some tree(s) may be exempt from replacement tree or mitigation payment requirements at the express written permission of the Tree Warden.
(f)
Please see the City Tree Policy for further details regarding tree mitigation.
(Added 3-24-2025 by Ord. No. C0087-25)
(a)
A tree protection plan shall be required in the case where any applicable significant tree(s), public tree(s), public shade tree(s), or their critical root zone which will not be removed, extends or overlaps into the work zone of any project, excavation or construction where said tree(s) or their critical root zone may be damaged or disturbed including through pruning, digging, or through the compaction of soil due to the passage or parking of vehicles or equipment.
(b)
No tree protection plan shall be required for disturbance to a significant tree located wholly on a lot not owned or managed by the City except in the case of any project which requires a special permit per Appendix A, Section 3 of these Revised Ordinances or a site plan review per Appendix A, Section 19 of these Revised Ordinances.[1]
(c)
Please see the City Tree Policy for further details regarding tree protection.
(Added 3-24-2025 by Ord. No. C0087-25)
(a)
Upon issuance of any City permit, the permit holder is required to take reasonable precautions to ensure that any applicable tree(s) are adequately protected and maintained free from harm from work associated with the permit issued.
(b)
Failure to adequately protect and maintain any applicable tree(s) free from harm may result in a fine, and failure to adequately protect applicable tree(s) that results in any applicable tree(s) being removed within five years of the failure to protect being noted may result in a fine and a mitigation payment that reflects the value in accordance with two times the DBH of the applicable tree(s) removed.
(Added 3-24-2025 by Ord. No. C0087-25)
(a)
Any person who violates any of the provisions of this division shall be notified by the Tree Warden of the specific violation by certified or registered mail, return receipt requested, or by hand delivery. The notice shall set forth the nature of the violation and a reasonable time period within which compliance must be had.
(b)
Upon notice from the Tree Warden that work on any lot on which an applicable significant tree, public tree, public shade tree, or their critical root zone is located, is being performed contrary to the tree permit, the tree protection plan or the mitigation plan or any provision of this division, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the lot involved, or to the owner's agent, or to the person doing the work, and shall state the conditions under which work will be permitted to resume.
(c)
Any person who shall continue any work in or about said lot after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not more than $300. Each day during which a violation exists shall constitute a separate offense.
(d)
Whenever there exists reasonable cause to believe that a person is violating any tree permit, mitigation plan, tree protection plan, or any provision of this division, the City may institute a civil action for a mandatory payment or prohibiting injunction in a court of competent jurisdiction ordering the defendant to correct the unlawful condition upon or cease the unlawful use of the property.
(e)
Failure to apply for and receive a tree permit or failure to replace an applicable significant tree, public tree, or public shade tree, or make a payment into the tree replacement fund in accordance with this division, shall constitute a separate violation of this division for which there shall be a fine of not more than $300. Each day such violation continues shall constitute a separate offense.
(f)
As an alternative to any fine stated in this division, citations may be issued pursuant to MGL c. 40, § 21D, assessing a fine of not more than $300 for each day the violation is committed or permitted to continue.
(g)
Each instance of vandalism to an applicable significant tree, public tree, or public shade tree shall constitute a violation of this division and shall be subject to a fine of up to $300.
(h)
Each instance in which an applicable significant tree, public tree, or public shade tree is removed without a tree permit shall constitute a violation of this division and shall be subject to a fine in the amount applicable to the City's current mitigation payment schedule:
(1)
The fine for any applicable significant tree, public tree, or public shade tree removed without a tree permit shall be assessed at two times the total DBH of any applicable significant tree, public tree, or public shade tree removed;
(2)
No reduction of the amount of the fine otherwise available under this division will be allowed in connection with the removal of any applicable significant tree, public tree, or public shade tree removed without a tree permit.
(i)
Each failure to replace an applicable significant tree, public tree, or public shade tree or to make a payment into the tree replacement fund beyond the timeframe of the tree permit shall constitute a separate violation of this division and shall be subject to a fine in the amount of $300. Each day such violation continues shall constitute a separate offense.
(j)
Each instance where there is a failure to comply with a condition contained in a tree permit shall be subject to a fine in the amount of $300.
(k)
Each instance where there is a failure to comply with a stop work order shall constitute a violation of this division, which shall be subject to a fine in the amount of $300. Each day such violation continues shall constitute a separate offense.
(l)
Nothing herein shall be construed to require the City to make a payment into the tree replacement fund for any tree that it removes.