[HISTORY: Adopted by the City Council of
the City of Lowell 9-9-2003 (§ 17-118 of the 1988 Code). Amendments noted
where applicable.]
A.
Intent. Shade trees contribute to the character and
heritage of the City of Lowell's (hereinafter called the "City") neighborhoods.
It shall be a priority of the City to preserve and protect shade trees.
The protection of trees throughout the City is vital to the quality
of life of its residents. This chapter provides standards for the
preservation and protection of shade trees to make the City a more
attractive place to live.
Trees provide the following benefits to the
City and its residents. Trees:
A.
Protect and enhance the visual quality of the City
and the quality of life of the City's residents.
B.
Protect and increase property values.
C.
Reduce stormwater runoff and the costs associated
therewith.
D.
Reduce energy consumption through the wind break and
shade effects of trees when they are properly placed.
E.
Reduce noise within the City through the baffle and
barrier effect of trees on the spread of noise.
F.
Reduce topsoil erosion through the soil retention
effect of tree roots.
G.
Purify water and replenish groundwater supplies.
H.
Provide wildlife habitat (i.e., nesting areas for
birds and other wildlife) which in turn assists control of insects.
I.
Enhance and preserve the air quality by providing
beneficial oxygen while reducing the levels of harmful carbon dioxide.
A "protected shade tree" is any tree which is
within a public way, in a public park or on other public property,
as well as any public shade trees as defined by MGL c. 87. Protected
shade trees shall also include those planted with public funds in
public ways or upon adjoining land at a distance not exceeding 20
feet from a public way, provided that such trees have been planted
in accordance with MGL c. 87, § 7.
A.
Protected shade trees shall not be cut, trimmed or
removed, in whole or in part, by any person other than the Tree Warden
or his deputy, even if said person is the owner of the fee in the
land on which such tree is situated, except upon a permit in writing
from said Tree Warden, nor shall said tree be cut down or removed
by the Tree Warden or his deputy or other person without a public
hearing in accordance with MGL c. 87, § 3 and as specified
herein, except that, in accordance with MGL c. 87 and c. 132, the
Tree Warden or his deputy shall have the right to cut, trim and remove
said trees within the public right-of-way where necessary to ensure
public safety.
B.
In addition, except as provided in a tree work permit
or tree removal permit, construction activities under the drip line
of protected shade trees are prohibited. These activities include
but are not limited to trenching or grading, storage of materials
or equipment, passage of heavy equipment within the drip line and
spillage of chemicals or other materials which are damaging to the
trees.
A.
Qualifications. The Commissioner of Public Works or his designee,
as approved by the City Manager, shall perform the functions of Tree
Warden for the City of Lowell. The Tree Warden shall be qualified
for the position by demonstrated training and experience in the field
of arboriculture. The Tree Warden should be a Massachusetts-certified
arborist or certified by the International Society of Arboriculture
(ISA) and possess a Massachusetts pesticide license. The Tree Warden
shall report to the Commissioner of Public Works and/or Commissioner
of Parks and Recreation.
[Amended 12-23-2008; 11-19-2013]
B.
Responsibilities.
(1)
General. The Tree Warden, in accordance with MGL c.
87, is hereby given authority, control, and supervision of all protected
shade trees which now or which may hereafter exist upon any public
property, street or highway belonging to the City of Lowell, except
those within a state highway and those in public parks or open places
under the jurisdiction of the Board of Parks, and shall have authority,
control and supervision of the latter if so requested in writing by
the Board of Parks. The Tree Warden shall further have authority,
control and supervision over all protected shade trees which exist
upon any private property in the City of Lowell.
(2)
Urban Forestry Plan.
[Amended 11-19-2013]
(a)
The Tree Warden, with input from the Conservation Commission
and all other applicable City departments, shall be responsible for
the creation every five years of an Urban Forestry Plan. The Urban
Forestry Plan shall serve to establish a long-term and comprehensive
framework for the development of the City of Lowell's urban forests
and public trees so as to effectuate the intent and goals of this
chapter. The first Urban Forestry Plan to be completed within the
first year after adoption of the chapter.
(b)
Upon completion, the Tree Warden shall present the Urban Forestry
Plan to the Conservation Commission for review. The Conservation Commission,
after review, shall submit the Urban Forestry Plan to the City Council,
which shall be active upon acceptance.
(3)
Oversight of tree work contracts. The Tree Warden
shall oversee the execution of any and all City contracts which concern
the application of pesticides or fertilizers to protected shade trees
or the cutting, trimming, pruning or removal of protected shade trees.
The Tree Warden shall further be responsible to monitor performance
under any and all such contracts.
(4)
Public safety.
(a)
The Tree Warden shall be responsible for the
periodic inspection of public shade trees to ensure they are free
from disease or other conditions that may endanger tree health or
are a clear and immediate safety hazard to the public. However, in
no event shall the provisions of this chapter operate to create or
increase the City's responsibility or liability with respect to public
safety. The provisions of this chapter shall not operate to increase
the City's liability as determined by Massachusetts General Laws,
including but not limited to MGL c. 84.
(b)
The Tree Warden shall conduct an annual hazard
tree survey in early spring, to evaluate winter tree damage.
(c)
The Tree Warden shall make every effort to maintain
shade trees in accordance with the ANSI Z-133 Standards, or most current
edition.
(5)
Issuance/oversight of all tree work and tree removal
permits. The Tree Warden shall be responsible for the issuance and
oversight of all tree work and tree removal permits as herein described.
In particular, the Tree Warden shall oversee permit holder compliance
with the particular provisions of each such permit as well as compliance
with any/all rules and/or regulations as may be promulgated and adopted
by the Tree Board.
(6)
Recommendations to relevant boards. The Tree Warden shall provide
recommendations to the Planning Board and the Conservation Commission
regarding the adoption, if needed, of rules and regulations promoting
the preservation and conservation of public shade trees in City subdivision
and development projects in accordance with the recommendations set
forth in the Urban Forestry Plan.
[Amended 12-23-2008; 11-19-2013]
(7)
Recordkeeping. The Tree Warden shall keep complete, accurate, and
up-to-date records on the condition of, and work completed on, all
public shade trees. The Tree Warden shall provide every year to the
Conservation Commission a report on the City's care and maintenance
of public trees. The yearly report shall include information on the
number of public shade trees cut, the number of public trees planted,
and the amount of funds expended in the care and maintenance of public
shade trees.
[Amended 11-19-2013]
(8)
Training. The Tree Warden shall be responsible for
the training of all City employees involved with tree pruning, tree
removal or tree planting.
(9)
Enforcement. In accordance with MGL c. 87, the Tree
Warden shall be authorized to enforce any and all ordinances, laws,
rules, regulations, and orders concerning the trimming, spraying,
removal, planting, pruning, or any other alteration of protected shade
trees within the City. In particular, the Tree Warden may suspend
or revoke a tree work or tree removal permit at any time upon written
notice to the permit holder if the permit holder has failed to comply
with this chapter or any conditions imposed upon such permit. The
written notice shall be sent via certified or registered mail, return
receipt requested, or by hand delivery and shall provide reasonable
opportunity for the permit holder to correct the noncompliance and
to apply for a renewal of the tree work or tree removal permit where
practicable. The suspension or revocation of a tree work or tree removal
permit in accordance with this section shall not affect the validity
of a building permit issued in reliance on such permit nor shall such
suspension or revocation be cause for withholding the issuance of
a certificate of occupancy.
A.
Creation of Board; duties and responsibilities. This chapter hereby
grants the Conservation Commission all the authority and duties entitled
as Tree Board for the City of Lowell. In addition to its original
duties, the Conservation Commission shall also be responsible for:
[Amended 11-19-2013]
(1)
Hearing appeals of the Tree Warden's decisions or official actions
if warranted.
(2)
Promulgation and adoption, subject to the approval of the City Council,
of such rules and regulations as may be necessary to effectuate the
intent of this chapter.
(3)
Review and provide input to the Tree Warden on the care and maintenance
of the City's public shade trees.
B.
Members. The Tree Board shall wholly consist of the members of the
Conservation Commission as appointed by the City Manager.
[Amended 11-19-2013]
C.
Term of office.
(1)
Nothing in this chapter shall constitute entitlement to a member
of the Conservation Commission to an extension or reduction of his
or her term of service. The term of each member of the Conservation
Commission shall remain governed by all applicable provisions of the
Lowell Code of Ordinances effectuating appointment, terms of service,
and successor appointments in the event of vacancy of the members
of the Conservation Commission.
[Amended 11-19-2013]
(2)
In the event that a vacancy shall occur during the
term of any member, his/her successor shall be appointed for the unexpired
portion of the term.
D.
Compensation. Members of the Board shall serve without
compensation.
A.
Permit required. A valid tree work permit shall be
obtained from the Tree Warden by any individual or entity, including
by not limited to City departments or private contractors doing work
on behalf of the City, prior to cutting, trimming and/or pruning of
any protected shade tree. Any such permit issued shall be conditioned
upon compliance with any and all rules and regulations as may hereafter
be adopted by the Tree Board. Upon the issuance of any tree work permit,
the Tree Warden may prescribe in writing such protective measures
for other existing trees as he/she deems necessary.
B.
Permit application; fees.
(1)
An application for tree work permit shall be submitted
to the Tree Warden in such form as may be specified by the Tree Warden.
[Amended 11-19-2013]
(2)
Except in the case of an application submitted by a City department or City-hired contractor, each application shall be accompanied by a fee as provided in Chapter 150, Fees.
[Amended 12-23-2008]
(3)
All applications for tree work permits shall include
a detailed description of the work to be done and shall specify the
subject tree and particular location.
(4)
Prior to the issuance of a tree work permit, the Tree
Warden may, in his/her discretion, require proof of adequate insurance
coverage in the form of a certificate of insurance.
(5)
The Tree Warden shall review applications for tree
work permits in accordance with the provisions of this chapter, in
addition to any rules and regulations as may be adopted by the Tree
Board.
(6)
The Tree Warden shall date stamp or otherwise record
the date of filing of each completed application for a tree work permit.
The Tree Warden shall complete the review of each tree work permit
application no later than 10 business days after the submission of
a completed application to the Tree Warden as to whether said tree
work permit has been granted or denied.
(7)
The Tree Warden shall also report to the Building
Commissioner within 10 business days of a request with respect to
any tree work permit application submitted in connection with a building
permit.
A.
Permit required. A valid tree removal permit shall
be obtained from the Tree Warden by any individual or entity, including
but not limited to City departments or private contractors doing work
on behalf of the City, prior to the removal of any protected shade
tree. Any such permit issued shall be conditioned upon compliance
with any and all rules and regulations as may hereafter be adopted
by the Tree Board. Upon the issuance of any tree removal permit, the
Tree Warden may prescribe in writing such protective measures for
other existing trees as he/she deems necessary.
B.
Tree removal permit generally. The removal permits
shall be issued only after a public hearing before the Tree Board.
Written notice shall be provided to all residents whose property directly
abuts the public shade tree. Due consideration by the Tree Board shall
be made regarding the benefits of public shade trees and the City's
expressed intent to preserve the scenic and aesthetic qualities of
that area or neighborhood, protect natural resources and environment
systems, promote public safety and promote the preservation of neighborhoods.
Tree removal permits shall be issued only where:
[Amended 11-19-2013]
(1)
The tree is interfering with existing structures,
utilities, streets, sidewalks or other existing improvements and the
relocation of the tree is not feasible as certified to the Tree Warden
by a certified arborist;
(2)
The tree is dead, diseased, injured, in danger of
falling, dangerously close to existing structures, is causing disruption
of public utility service, is causing drainage or passage problems
upon rights-of way, or poses a threat to pedestrian or vehicular safety;
(3)
The removal of the tree is necessary and desirable
in order to enhance or benefit the health or condition of other trees
on the same site as certified to the Tree Warden by a certified arborist;
or
(4)
Removal of the tree is necessary to alleviate a substantial
hardship to the general public or private property owner.
D.
Mitigation.
(1)
As a condition to the removal of any public tree, a City department,
private contractor, utility or individual shall replace the removed
tree with new trees on the basis of the number of public trees removed.
[Amended 11-19-2013]
(2)
The City shall replace public shade trees cut down on a one-to-one basis, with the replacement tree to be 2 1/2 inches to 3 1/2 inches caliper. In the event that the public tree to be removed has a caliper of 24 inches or more, the City shall replace the tree on a one-to-two ratio, with the two replacement trees to be 2 1/2 inches to 3 1/2 inches caliper. Off-site plantings and replantings shall be made in accordance with the written polices as set by the Tree Warden and/or the rules established by the Conservation Commission pursuant to § 260-6A(2) of this chapter. Furthermore, replacement trees shall be located in accordance with a replication policy as established by the City Manager.
[Amended 11-19-2013]
(a)
A replacement public shade tree shall be planted within one
year of the removal of the original public shade tree.
(3)
The Tree Warden shall have the discretion to take
into account the condition of the tree(s) when determining the appropriate
replacement plan.
(4)
Payment in lieu. In lieu of planting a replacement
tree, a person who has been granted a tree removal permit with the
approval of the Tree Warden may make a contribution to the tree replacement
fund in an amount determined by the Tree Warden which would adequately
cover the costs of replacement pursuant to this chapter.
No permit issued pursuant to this chapter shall
take effect until a final decision by the Tree Board has been made
with respect to any appeal brought thereto and in no event until at
least five days from the date of its issuance by the Tree Warden.
If any person is dissatisfied with a decision
or other official action of the Tree Warden adversely affecting such
person involving the application of this chapter, such person may
file an appeal of the Tree Warden's decision or other official action
with the Tree Board. Said appeal must be in writing and must be received
by the Tree Board within five business days of the issuance of the
Tree Warden's decision. The Tree Board shall hear and make a final
decision on all appeals within 30 days from the date of receipt of
any such appeal. The Tree Board shall file a written decision with
the City Clerk and mail such written decision to all interested parties.
The decision of the Tree Board shall be final and there shall be no
further appeal of a matter decided by the Tree Board. No tree shall
be removed while an appeal is pending.
[Amended 11-19-2013]
There shall be established a tree replacement
revolving fund in accordance with MGL c. 44, § 53E 1/2,
which shall be held in a separate identifiable account and administered
in accordance with applicable provisions of the General Laws. All
sums deposited into such fund shall be used solely for the purpose
of buying, planting and maintaining trees in the City and shall be
administered by the City Manager in accordance with the provisions
of the revolving fund.
A.
Tree species to be planted. The current official tree
planting list for Lowell is available at the City Clerk's office.
No species other than those included in the list may be planted within
five feet from the edge of the sidewalk or 10 feet from the edge of
the street where there is no sidewalk without written permission of
the Tree Warden.
B.
Distance from street corners and fire hydrants. No
trees shall be planted closer than 20 feet to any corner, measured
from the point of the nearest intersecting curbs or curblines. No
street tree shall be planted closer than 10 feet to any fire hydrant.
C.
Planting near utilities. No street trees other than
those species listed as small trees in the street tree planting list
may be planted under or within 10 lateral feet of any overhead utility
wire, or over or within five lateral feet of any underground waterline,
sewer line, transmission line or other utility.
D.
Planting of trees by property owners within the public
right-of-way. Any property owner may petition the Tree Warden for
permission to plant a tree within a right-of-way. Any planting of
trees within the right-of-way shall be consistent with the policies
established herein. It is understood that some rights-of-way are unsuitable
for the planting of trees and that some species of trees are not suitable
for public rights-of-way.
A.
Any person who violates any provision of this chapter
or who fails to comply with notices issued pursuant to provisions
of this chapter shall be subject to fines of up to $300 for each separate
offense as provided in a schedule to be adopted by the Tree Board
and as approved by the City Council. Any builder, contractor, or agent
who intentionally assisted in the commission of any such violation
shall be liable for each separate violation. All such violations which
are of a continuing nature shall constitute a separate offense for
each day of such continuance, and each tree removed shall constitute
a separate offense. Any tree removed in violation of this chapter
shall also be replaced by the violator on an inch-for-inch basis.
B.
Said violations may be penalized by a noncriminal disposition as provided for under § 1-6 of this Code and MGL c. 40, § 21D, as amended. Pursuant to such disposition, the Tree Warden shall issue a notice to appear in court. The penalty shall be a fine of up to $300 for each separate offense as provided in a schedule to be adopted by the Tree Board and as approved by the City Council.
C.
Fines collected pursuant to this chapter shall be
deposited into and administered in accordance with the tree replacement
revolving fund according to the provisions thereof.
