TOWN OF ACTON
POLICY ON THE REMOVAL OF NON-HAZARDOUS PUBLIC SHADE TREES BY INDIVIDUALS OR AGENCIES OTHER THAN

THE TOWN OF ACTON ADOPTED BY THE TREE WARDEN AND BOARD OF SELECTMEN JANUARY 22,1991

I. Trees are recognized as an asset to the community, providing a more healthful and beautiful

 environment in which to live.  Trees and other vegetation provide oxygen, shade, protection

from wind, glare and noise, view barriers, wildlife habitat aesthetics, and a priceless

psychological counterpoint to the man-made urban setting.  Landscaping is economically

beneficial in attracting new residents, visitors and industry.  When grown on the right place

and of proper varieties, landscaping enhances the value and marketability of property and

promotes the stability of desirable neighborhoods and commercial areas.

II.           This policy is to be used for the removal of any non-   hazardous public
shade tree by any individual, utility, organization, corporation, or agency other than the Town

of Acton.  Actual removals shall only be performed by qualified tree removal contractors.

III. This policy is to be followed for all public shade trees as defined by Massachusetts

General Law,Chapter 87 (Tree growing within the right of way, at least 1.5 inches in diameter

measured one foot above ground), other than:
A. Trees that are determined by the Tree Warden to be dead, diseased, or dangerous.  A dangerous

 tree is one that is likely to fail, or significant portions a-re likely to fail, under mild

environmental or man made stress;
B. Trees that are less than five inches in diameter that are, in the opinion of the Tree Warden,

of no significant value.

IV. An applicant who wishes to remove a non-hazardous public shade tree is responsible for the

following expenses:
 A.     Legal advertising;
           B.  Cost of removal of tree and stump, including hauling away of all
                   debris, and proper filling of stump hole;
               C.   Planting of sufficient replacement trees as described elsewhere in this

policy;
               D.  Cost of police traffic details, repair of street surface and road shoulder,

protection and restoration of utility structures.
               E.        All other costs related to the removal and replanting

V. Public shade trees shall not be removed for a private purpose without suitable compensation

to the Town for replacements.  The value of existing shade trees is to be calculated on an inch

by inch replacement basis.  Replacements shall be at least two inch diameter, nursery grown

stock.  The Tree Warden may, at his option, require larger replacements.  For example, if an

18" diameter tree, measured four feet above grade is to be removed, the applicant must

sufficiently reimburse the Town to provide for the purchase and planting of nine, two inch

diameter replacements.  Cost of the replacement trees are to be obtained from the latest edition

of the McMahon Heavy Construction Guide.


VI. At the discretion of the Tree Warden, the applicant shall either:
A..   Arrange to plant suitable replacements rising his own contractor, working to the Town's

specifications, or
B.  Make a cash contribution to the Town to be used exclusively for the purchase and planting of

 replacements, and related expenses.

vii.  If the applicant proposes to trim or prune a public shade tree, and if, in the opinion of

the Tree Warden the proposed work will drastically effect the health, beauty, structural

stability, or safety of the tree, the Tree Warden may consider the proposed work to have the

same effect as the removal of the tree.  In these cases, the Tree Warden may either order the

removal of the tree, or allow the tree to remain, providing that it does not present an

immediate hazard.  In either case, Appropriate replacement plantings must be provided by the

applicant, in accordance with Section V.

viii. The tree removal contractor, to be paid for by the applicant, must be approved by the Tree

Warden as to equipment, qualifications, and experience.
                The tree removal contractor shall provide certificates of insurance in the

following amounts:

1.      $ 100,000 workmen's compensation;
2.      $ 300,000 bodily injury;
3.      $ 300,000 property damage;
4.      $ 1,000,000 excess-liability.

ix. The applicant shall submit a bond, in a form and amount approved by the Tree Warden, prior

to the commencement of work.  The bond will released after the successful completion of all

items of work.

X. All tree work shall be performed in compliance with A.N.S.I. Z-133 and N.A.A. standards.

Applicant must guarantee the health of the replacements for two years from the time of planting.

xi. Replacement trees shall be of such size and species as specified by the Tree Warden, and

will be planted on public property, along rights of way and on setback easements as allowed by

M.G.L. Chapter 87, Section 7. Planting location will be determined by the Tree Warden.

xii.  Nothing contained in this policy shall prohibit the Tree Warden from refusing to permit

the removal of non-hazardous trees.  The Tree Warden may refuse to grant the permit for the

removal of a non-hazardous tree if,in his or her opinion, the tree is of historic or scenic value, is of a size or species not

commonly found along the roadways of Acton, has significant wildlife value, or is an unusually

healthy or significant specimen.

xiii.  All decisions made by the Tree Warden are appealable to the Board of Selectmen.

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