A valid work permit shall be obtained from the Tree Warden for removal of any Town tree, except that approval of the Conservation Commission shall be required on conservation lands. Tree removal is subject to approval including but not limited to the Tree Warden acting pursuant to MGL Ch. 87; the Planning Board along designated scenic roads pursuant to MGL Ch. 40, § 15C, and Chapter 180, Scenic Roads, of the Code of the Town of Barnstable, and the Old Kings Highway along Route 6A pursuant to MGL Ch 61. In addition, tree removal may be subject to the Old Kings Highway Regional District pursuant to MGL Ch. 470 of the Acts of 1973, as amended, or any local Historic District, pursuant to MGL Ch. 40C, as amended. The forgoing list is intended to be for convenience only and does not purport to be exhaustive; this section shall not be construed as an exemption from or a relaxation of any applicable requirements of law.
A. 
Town trees to be removed shall be replaced, subject to approval of a plan detailing the species and location, by the entities with jurisdiction listed in § 221-18 above. In the event that the tree replacement plan is in dispute, the following methods for assessing replacement shall apply:
(1) 
The value of a public tree being removed shall be assessed by the Tree Warden based upon standards in the industry, and the costs assessed to the applicant. Such costs shall be placed in an account dedicated to the replacement planting of trees along the Town's roadways. In evaluating tree value, the applicant for tree removal may submit information based upon the Council of Tree and Landscape Appraisers, trunk formula method, or other nationally recognized methodology. Alternatively, the approving entities listed in § 221-18 above may require the replanting of street trees of equivalent value to the tree being removed.
(2) 
Where a Town tree is being removed for safety reasons and the value of the tree being removed has been reduced by previous damage or trimming, the tree shall be replaced with a minimum of two street trees, or the value thereof placed into an account dedicated to tree replacement.
(3) 
Any planned program of tree removal shall be subject to a tree replacement program, specifying the numbers, location, type and size of trees to be installed, and a maintenance program. Where a general area program of Town tree removal is planned, the approving entities listed in § 221-18 above may require implementation of the tree replacement program at least three growing seasons prior to commencement of the tree removal program.
B. 
All replacement trees shall have a minimum caliper of three inches, unless a lesser caliper is approved for a smaller size class.
C. 
Abutting property owners may plant street trees within the road layout, provided that the Tree Warden grants approval and that the selection and location of said trees are in accordance with the provisions of this chapter.