§ 16-152. Public shade trees.

(a)

General.

(1)

No person other than the director of lands and natural resources or his/her designee shall plant, spray, fertilize, prune, trim, cut above the ground, remove, cause injury to, or conduct any excavation within the drip line of, a public shade tree without first filing an application and procuring a written permit from the director of lands and natural resources. The director may issue the permit, may deny the permit or may issue the permit with conditions. Failure to comply with the conditions of a previously issued permit shall be grounds for denial.

(2)

Applications for permits must be made at the office of the department of public works not less than three business days in advance of the time the work is to commence with the exception that if the work consists of cutting down or removal of a public shade tree, the application shall be made no less than 30 days in advance. At the time that the application is submitted applicants who seek a permit to cut down or remove a public shade tree shall pay a non-refundable fee of $100.00. For all other permits, the fee to be paid is $5.00. City departments must apply for permits but are exempt from payment of a fee. The director shall waive the permit fee for those applicants who are planting public shade trees in accordance with a planting plan previously approved by the director. In cases of emergency an applicant may seek and receive oral permission from the director or his designee to trim or excavate within the drip line of a public shade tree without first submitting a written permit application. An emergency is defined as an unforeseen occurrence which requires immediate action to avoid or reduce significant injury or damage to persons or property. Within three business days after oral permission is granted, the applicant must submit a written application for the permit and the permit fee to the director who shall note the permit pre-approved due to emergency.

(3)

Upon completion of the work the permit holder shall promptly notify the director of lands and natural resources of the need to inspect the work. Within five business days after said notification, the director or his/her designee shall inspect the work and either approve it or reject it. If rejected, the director shall provide written notice stating the basis of the rejection and setting a reasonable date for reinspection. Failure on reinspection shall be grounds for issuance of a fine as set forth below.

(4)

The director of lands and natural resources may issue a citation of $250.00 to any person who violates the terms of this section 16-152, said citation to be disposed of by non-criminal disposition under chapter 1, section 1-9.1 of this Code of Ordinances. The penalty allowed hereunder is in addition to and not exclusive of any other penalty allowed by law, including any penalties authorized by M.G.L.A. c. 87.

(b)

Removal.

(1)

Except as specified in this section 16-152, no public shade tree shall be cut down or removed by any person without a public hearing with notice thereof provided as required by this section. No less than seven days prior to the public hearing on a proposal to cut down or remove a public shade tree, the director of lands and natural resources shall cause notice of public hearing, specifying the size, type and location of the tree to be cut down or removed and the date, time and location of the public hearing to be posted in two or more public places within the city and upon the tree. The director shall also cause to be placed in a newspaper of general circulation in the city once in each of two successive weeks, the first said publication not to be less than seven days prior to the date of the public hearing, a copy of the notice as posted. At the conclusion of the hearing the director shall issue written decision either approving or rejecting the cutting down or removal of the tree. The director shall not approve the cutting down or removal of a tree if written objection is made at or before the public hearing unless such cutting or removal is approved by the mayor. Hearings and notices of hearings involving more than one tree may be consolidated.

(2)

The requirements for notice, public hearing and, if written objection, mayoral approval as set forth, above, shall not apply to trees to be trimmed, cut or removed by the director of natural resources, or his/her designee, in the following circumstances:

a.

The tree to be cut down or removed is less than 1½ inches in diameter one foot from the ground;

b.

The tree to be cut down or removed is deemed to obstruct, endanger, hinder or incommode persons traveling on the public way, or the lawful moving of buildings on the public way, and the work is ordered by the mayor;

c.

The tree must be cut down or removed by order of the board of public works for the purpose of widening or alteration of the public right-of-way.

(3)

Removal of a public shade tree shall include either:

a.

Excavation and removal of the rootball, or

b.

Grinding of the stump to below ground level.

Upon removal, the area shall be leveled. Within 120 days after removal, the area shall be restored with either appropriate loam and seeding or sod.

(c)

Planting. The director of lands and natural resources shall approve for planting only such species in such minimum size as listed on the list of approved public shade trees and plantings included in a city council approved urban forestry plan.

(Ord. No. 1340, 11-21-02; Ord. No. 1648 , 5-19-16)