[HISTORY: Adopted by the Board of Aldermen
(now City Council) of the City of Chicopee 6-16-1998 by Ord. No. 98-38.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Forestry Department — See Ch. 39.
Parks and recreation — See Ch. 206.
Streets and sidewalks — See Ch. 243.
[1]
Editor's Note: This ordinance also repealed
former Ch. 257, Trees, adopted 4-17-1979, as amended.
A.
It is the intent of these regulations to provide standards
for the preservation and protection of trees for the purpose of making
the City of Chicopee (hereafter called the "City") a more attractive
place to live, protecting the watercourses and ecology, providing
a healthy living environment, and better maintaining control of flooding,
noise, glare and soil erosion.
B.
Any activity requiring the removal or planting of
trees on City property and all clearing operations within the public
right-of-way requires a permit before any work begins.
A.
Trees provide beneficial oxygen while reducing the
levels of harmful carbon dioxide. They reduce air pollution, purify
water and stabilize the soil. Trees provide wildlife habitat and shade,
cool the land, reduce noise and provide an aesthetic value to the
land.
B.
The protection of trees throughout this City is vital
to the survival of our residents and protection is necessary for every
tree in the City.
C.
This chapter also provides for the health, safety
and general welfare of the residents by allowing appropriate shade
and ornamental trees to be planted within the public right-of-way
for the purposes noted above.
As used in this chapter, the following words
shall have their respective meanings:
The City of Chicopee.
Any tree which has been determined by the Tree Warden to
be of high value because of its type, size, age or other professional
criteria and which has been so designated.
A permit issued by the Department of Public Works that authorizes
activity on City property, including the removal or planting of a
tree on City property.
Any self-supporting woody perennial plant which has a trunk
diameter of 2 inches or greater measured at a point 6 inches above
the ground level and which normally obtains a height of at least 10
feet at maturity. Certain species (defined by the City) may also be
protected regardless of the size.
The agent of the City having primary enforcement responsibilities
under this chapter and MGL c. 87, and charged with the responsibility
for approvals required pursuant to this chapter.
The terms and provisions of this chapter shall
apply to any activity on City property and any activity that requires
the issuance of a street occupancy permit. No street occupancy permit
shall be issued by the City without it being determined that the proposed
activity is in conformance with the provisions of these regulations.
This chapter shall not abridge the powers of
the Tree Warden as provided by MGL c. 87. The Tree Warden may expend
all money appropriated by the City for the setting out and maintenance
of trees, shrubs and growths within the public way as provided by
MGL c. 87.
A.
Planting within public right-of-way.
(1)
Any property owner may petition the Tree Warden for
permission to plant a tree within a public right-of-way. It is understood
that some rights-of-way are not suitable for the planting of trees
and that some species of trees are not suitable for public rights-of-way.
For this reason, it is understood that the permit is discretionary
on the part of the Tree Warden and is not to be construed as a right.
(2)
The Tree Warden may grant permission for planting
on public property subject to the following:
(a)
All work in a public right-of-way shall be conducted
to the specifications of the Superintendent of the Department of Public
Works and the Tree Warden.
(b)
All costs incurred, including related work,
regardless of contractor, shall be the responsibility of the petitioner.
(c)
The petitioner shall work with the Tree Warden
to select an appropriate tree and location that will not interfere
with buried or above ground utilities; will minimize root damage to
streets and sidewalks; and will not become a nuisance, i.e., trees
that shed branches or form fruit or nuts.
(d)
No work can commence within the public right-of-way
until a street occupancy permit is approved by the Superintendent
of Public Works and the Tree Warden.
B.
Planting trees on private property. Where the building
on the petitioner's property is so located to provide a front yard
which can accommodate tree planting, no utilities would be endangered
and other limiting conditions do not exist, the street tree may be
planted within the yard and no permit would be issued for installation.
Every effort should be made to select the proper type and size of
tree for the existing condition within the private property.
A.
Trees on public property belong to all residents of
Chicopee and provide a service that benefits all residents of Chicopee
and may be assigned a monetary value. The first priority of the City
is to preserve and protect all trees on City property. Any decision
allowing the removal of a healthy public shade tree will provide for
equitable replacement to ensure the residents of Chicopee the continuing
aesthetic, environmental and economic benefit of that tree. Any tree
that is designated a protected tree will not be removed under this
process.
B.
The Tree Warden may consider the removal and subsequent
replacement of a healthy tree subject to the following:
(1)
Petitions for the removal and replacement of trees
shall be filed with the Tree Warden and acted upon by the Tree Warden
and the Planning Board in a public hearing as provided by MGL c. 87.
(2)
Petitions for the removal and tree replacement must
demonstrate that the removal and replacement of a tree will be of
greater benefit to the inhabitants of the City than the existing tree.
(3)
Trees that are removed in accordance with this § 257-7 must be replaced in accordance with the following schedule:
|
Size of Tree Removed
|
Replacement Required
| |
|---|---|---|
|
Less than 12" diameter
|
1 tree
| |
|
Greater than 12" diameter
|
2 trees
|
(4)
The petitioner shall work with the Tree Warden to
select the appropriate trees and locations that will not interfere
with buried or above ground utilities; will minimize root damage to
streets and sidewalks; and will not become a nuisance, i.e., trees
that shed branches or form fruit or nuts. A replacement tree is not
required to be located on the section of public right-of-way from
which it was removed. The petitioner shall provide the Planning Board
and the Tree Warden with a suitable guaranty that the replacement
trees will be provided prior to the removal of the live tree in question.
(5)
All costs incurred, including related work, regardless
of contractor, shall be the responsibility of the petitioner unless
otherwise stated in a written agreement with the City.
(6)
All work in a public right-of-way shall be conducted
to the specifications of the Superintendent of the Department of Public
Works and the Tree Warden. A street occupancy permit must be issued
prior to the commencement of any work.
Nothing in this chapter shall abridge the powers
of the Tree Warden to act in the interest of public safety regarding
the removal of unhealthy trees. The Tree Warden may, without a public
hearing, remove a tree which, because of its condition and location,
is deemed to endanger the health and/or safety of the general public.
Requests/petitions for removal of unhealthy trees shall be made to
the Department of Public Works. The discretion and sound judgment
of the Tree Warden alone determines whether a tree shall be removed
after such request for removal has been made.
It shall be the duty of the Tree Warden to enforce this chapter. The Tree Warden or the Superintendent of Public Works shall have the authority to revoke, suspend or void the street occupancy permit and shall have the authority to suspend all work on a site or any portion thereof and levy fines as provided by § 257-10.
No person shall remove any wood, trees, bushes
or other flora from any City property without the express written
consent of the Tree Warden and Superintendent of Public Works. Any
person, firm or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor and subject to a fine
of $300. Each day's continuance of a violation and each tree removed
shall be considered a separate offense. Any fines collected pursuant
to this chapter shall be used to replace the City tree population.
