As used in this chapter, the following words
shall have their respective meanings:
CITY
The City of Chicopee.
PROTECTED TREE
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.
STREET OCCUPANCY PERMIT
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.
TREE
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.
TREE WARDEN
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.
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.