Tree Protection Ordinance Overhaul Chair Niedergang (Ward 5), Councilor Scott (Ward 2)
Comprehensive Rewrite • Clarifies roles and responsibilities of city employees • Expands role and responsibility of Urban Forestry Committee • Strengthens protections of City and Public Shade Trees • Establishes workable protections for Significant Trees on private land • Strictly bounds the time limits/burdens of application process for private tree removals
12-103: Tree Warden • Qualifications: per MGL c41 s106 and Mass Tree Wardens and Foresters Association • “shall exercise the duties of tree warden and of insect pest control. Such tree warden shall be qualified by training and experience in the field of arborculture and licensed with the department of food and agriculture in accordance with the provisions of section ten of chapter one hundred and thirty-two B. The term of such appointment shall be for three years.” • Responsibilities per MGL c41 s106 and ordinance • “care and control of all public shade trees” - all trees by roadways and on public lands that are not under the Parks Department (schools, commons, etc) • approval and conditions on all tree removal permits • notices and hearings (with Urban Forestry Committee) for Public Shade Tree removals
12-104: City Arborist • Qualifications: Certified Arborist by the Massachusetts Arborist’s Association, The International Society of Arboriculture, or any successor of either organization. • Duties established to cover both Public Shade Trees and other City Trees • Specifies the role as policy-setter and supervisor • Working in conjunction with the Urban Forestry Committee to seek grants or other assistance concerning the preservation and maintenance of the City’s tree canopy. • Working in coordination with the Urban Forestry Committee to expend the funds appropriated for planting and maintaining trees on city land under the jurisdiction of the Tree Warden. • Working in conjunction with the Urban Forestry Committee to develop and publish rules, regulations, tree inventory, manuals, and other data and documents necessary to carry out the purposes and intent of this ordinance. • Supervising the planting and care of City Trees to ensure that such planting and care meets these rules, regulations and standards.
12-105: Urban Forestry Committee • Composition: Tree Warden, City Arborist, and 9 Residents (7 adult, 2 youth) • Powers and Responsibilities expanded by Ordinance • This committee’s public meetings shall be the forum for all Tree Hearings, including those held in compliance with the requirements for Public and Shade trees set forth in G.L. c. 87, s 3. • Upon request of the applicant, this committee shall have the authority to reduce or to waive any required replantings or payments associated with the issuance of a Tree Permit • This committee shall keep records of trees planted and removed within the City of Somerville, and shall issue regular reports on the overall status of the city’s urban canopy.
12-106, 107: Removal of Public Shade Trees • Two Substantive Changes • Finding in writing by Tree Warden precedes a Tree Removal Hearing • that Hearing is now at a public meeting of the Urban Forestry Committee • Notice requirements for that hearing now expanded to all Residents within 150 ft of the tree
12-108: Replacement of Healthy Public Shade Trees • Replacement requires planting trees whose combined DBH equals or exceeds the Replacement Caliper of the tree that was removed • replacement trees must be located at or near the location from which the tree was removed • replacement trees must conform to standards established by the Urban Forestry Committee • Previously: “Any healthy public shade tree removed at the request of a property owner, or agent thereof, shall be replaced within one year from date of removal. The replacement tree shall be of such size and species as specified by the tree warden.”
12-109: Tree Fund • Fund explicitly for replacement of Healthy Public Shade Trees removed at request of property owner • Expands the role of the Urban Forestry Committee • Value of replacement trees to be determined by the UFC rather than solely the Tree Warden • funds will be expended by the City Arborist, with input from the UFC • intent is to integrate replanting with citywide plan
12-111: Removal of City Trees • Strengthens public notification and hearing process • Notification must be sent to all members of the UFC • Hearings will be held at meetings of the UFC
12-112: Removal of Private Trees • New section modeled on Cambridge, Lexington, Newton, Washington DC • Significantly Relaxed from the proposed Zoning Amendment
Permit Process • All private tree removals require a permit from Tree Warden • NO FEE for a permit application or grant • 20 business days start to finish on permit process • application includes plan showing location and size of each tree on the property, indicating clearly which trees will be removed • no surveyor, architect, or landscaper stamp required • if replacements are planned, location/species/size must be specified in the permit application • replacements must be on the same or adjacent lot, NOT in the public right-of-way or public property
Permit Conditions • Significant (6”) or Very Significant (24”+) Trees must be replaced in some manner • replanting: new trees equal to total replacement size • payment in lieu: schedule TBD by UFC • Waiver of Requirement May Be Requested for Any Reason • Hearing of UFC at Public Meeting within 60 Days • Applicant may speak to reasons for requesting waiver • UFC will vote on waiver approval at that meeting
Tree Replacement Standards • Replacement trees must be planted within 18 months from the date the tree permit is issued • Replacement trees must be as specified Tree Permit, and must be planted according to standards published by the Urban Forestry Committee. • In the event that trees of the size described in the Tree Permit cannot be obtained, multiple smaller replacement trees may be planted such that the total DBH is the same. • Replacement trees must survive for a minimum of 18 months from planting • documentation as to the date of the planting must be filed with the Tree Warden within 15 days of the planting
When is No Permit Required? • Pruning and Maintenance • Shrubs, or Trees smaller than 1.5” diameter • Public Health, Safety, or Service Emergencies - just call the Tree Warden for notification • Tree Warden will inform UFC at the next meeting • Tree Warden may suspend ordinance during emergency weather events
Enforcement • Stop Work Orders will be issued by Director of ISD (or designee) • City may file civil action for injunctive relief
Penalties • $300 “per offense” • $300 PER DAY (beyond 30) without filing a permit for removal, fine issued to property owner • If a tree is removed without a permit, property owner can file retroactively within 30 days with no penalty • note: issuance of permit requires replacement plan or payment-in-lieu prior to granting permit • $300 PER INCH of tree diameter removed, fine issued to contractor who performed the removal
Open Questions from Public Comment • Is 6” too small for a “Significant Tree”? • Newton and Cambridge say 8”, Lexington 6” • Should owner-occupied 1-3 family properties be automatically exempt from replacement or fees-in-lieu? • A residency requirement of 18 months after removal is the standard in Newton. How is it enforced? • What incentives can the city offer for tree planting and maintenance on private property?
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