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Brenda Roy  Town Hall
Town Clerk's Office  62 Friend Street
Tel: (508) 388-8100  Amesbury, @ 01913-2884
Article 42 -TREE ORDINANCE

Be it ordained by the Municipal Council of the Town of Amesbury, Massachusetts.

Section 1. Definitions

Street Trees: "Street trees" are herein defined as trees, shrubs, bushes,
and all other woody vegetation on land lying between property lines on 
either side of all streets, avenues, or ways within the Town.


Park Trees: "Park trees" are herein defined as trees, shrubs, bushes and 
all other woody vegetation in public parks having individual names, and 
all areas owned by the Town, or to which the public has free access as a park.


Section 2. Creation and Establishment of a Town Tree Board

There is hereby created and established a Tree Board of the Town of 
Amesbury, Massachusetts which shall consist of three members, citizens 
and residents of this town, who shall be appointed by the Mayor.  Of the 
three members, at least one must be a Massachusetts Certified Arborist or 
International Certified Arborist and the other two members must have 
sufficient educational or work experience to qualify.


Section 3. Term of Office

The term of the three persons to be appointed by the Mayor shall be 
three (3) years except that the term of the members appointed to the first 
board shall be staggered such that one member is appointed for one (1) 
year- second for two (2) years-, and the third for the full three (3) years.  In 
the event that a vacancy shall occur during the term of any member, his 
successor shall be appointed for the unexpired portion of the term.


Section 4. Compensation
Members of the Board shall serve without compensation.

Section 5. Duties and Responsibilities
It shall be the responsibilities of the Board to study, investigate, counsel 
and develop and/or update annually, and administer a written plan for 
the care, preservation, pruning, planting, replanting, removal or 
disposition of trees and shrubs in parks, along streets and in other public 
areas.  Such plan will be presented annually to the Mayor's Office by April 
1st for review and comment.  Upon his/her acceptance and approval the 
plan shall constitute the official comprehensive town tree plan for the 
Town of Amesbury, Massachusetts.  Further, the Board, when requested 
by the Mayor, shall consider, investigate, make finding, report and 
recommend upon any special matter of question coming within the scope 
of its work.

Section 6. Operation

The Board shall choose its own officers, make its own rules and 
regulations and keep a journal of its proceedings.  A majority of the 
members shall be a quorum for the transaction of business.

Section 7 Street Tree Species to be Planted

The current official Street Tree Species List for Amesbury is available at 
the Town Clerk's Office.  No species other than those included in this list 
may be planted as Street Trees without written permission of the Town 
Tree Board.

Section 8. Spacing

The spacing of Street Trees will be in accordance with the species listed 
in Section 7 of this ordinance, and no trees may planted closer together 
than the following: Small Trees, 20 feet; Large Trees 40 feet- except in 
special plantings designed or approved by a landscape architect.


Section 9. Distance for Curb and Sidewalk

The distance trees may be planted from curbs or curblines and sidewalks 
will be in accordance with the three species size classes listed in Section 
7 of this ordinance, an no trees may be planted closer to any curb or 
sidewalk than the following: Small Trees, 3 feet; Large Trees 5 feet.


Section 1O.  Distance from Street Corners and Fire Hydrants

No Street Trees shall be planted closer than 20 feet of any comer, 
measured from the point of the nearest intersecting curbs or curblines.  
No Street Tree shall be planted closer than 10 feet of any fire hydrant.


Section 11.  "Utilities

No Street Trees other than those species listed as Small Trees in Section 
7 of this ordinance may be planted under or within 10 lateral feet of any 
overhead utility wire, or over or within 5 lateral feet of any underground 
water line, sewer line, transmission line or other utility.


Section 12.  Public Tree Care

In accordance with M.G.L.A. c. 87, § 5 & 132, § 13 the Town shall have 
the right to plant, prune, maintain and remove trees, plants and shrubs 
within the lines of all streets, alleys, avenues, lanes, squares and public 
grounds, as may be necessary to insure public safety.  Work shall be 
done in accordance with ANSI 800 pruning specification and § Z13') 
standards.  No tree shall be removed, except in an emergency situation 
without written permission of the Tree Board.


The Town Tree Board may remove or cause or order to be removed, any 
tree or part thereof which is in an unsafe condition or which by reason of 
its nature is injurious to sewers, electric power lines, gas lines, water lines, 
or other public improvements, or is affected with any injurious fungus, 
insect or other pest.  This Section does not prohibit the planting of Street 
Trees by adjacent property owners providing that the selection and 
location of said trees is in accordance with Section 7 through 11 of this 
ordinance.


Section 13.  Tree Topping

It shall be unlawful as a normal practice for any person, firm, or town 
department to top any Street Tree, Park Tree, or other tree on public 
property.  Topping is defined as the severe cutting back of limbs to stubs 
larger than three inches in diameter within the tree's crown to such a 
degree so as to remove the normal canopy and disfigure the tree.  However, 
trees severely damaged by storms or other causes, or certain trees under 
utility wires or other obstructions where other pruning, practices are 
impractical may be exempted from this ordinance at the determination of 
the Tree Board.


Section 14.  Pruning, Corner Clearance

Every owner of any tree overhanging any street or right-of-way within the 
Town shall prune the branches so that such branches shall not obstruct 
the light from any street intersection and so that there shall be a clear 
space of eight (8) feet above the surface of the street or sidewalk.  Said 
owners shall remove all dead, diseased or dangerous trees, or broken or 
decayed limbs, which constitute a menace to the safety of the public.  
The Town shall have the right to prune any tree or shrub on private 
property when it interferes with the proper spread of light along the street 
from a street light of interferes with visibility of any traffic control device or 
sign.


Section 15.  Removal of Stumps

AJI stumps of street and park trees shall be removed below the surface 
of the ground so that the top of the stump shall not project above the 
surface of the ground


Section 16.  Interference with Town Tree Board


It shall be unlawful for any person to prevent, delay or interfere with the 
Town Tree Board, or any of its agents, while engaging in and about the 
planting, cultivating, mulching, pruning, spraying, or removing of any 
Street Trees, Park Trees, or trees on private grounds, as authorized in 
this ordinance.


Section I 7 Notification of Private Property Owners

Prior to taking any action on any trees located on private property, the 
Town will notify the owner by certified mail at least seven (7) days in 
advance, with the exception of emergencies.


Section 18.  Arborists License and Bond

It shall be unlawful for any person or firm to en-age in the business or 
occupation of pruning, treating, or removing street or park trees within the 
Town without first applying for and procuring a license.  The license fee 
shall be $25.00 annually in advance; provided, however, that no license 
shall be required of any public service company or Town employee doing 
such work in the pursuit of their public service endeavors.  Before any 
license shall be issued, each applicant shall first file evidence of 
possession of liability insurance in the minimum amount of $500,000 for 
bodily injury and property damage indemnifying the Town or any person 
injured or damaged resulting from the pursuit of such endeavors as herein 
described.


Section 19.  Review by Town Commission

The Mayor shall have the right to review the conduct, acts and decisions 
of the Tree Board.  Any person may appeal the Tree Board.  Any person 
may appeal from any ruling or order of the Tree Board to the Mayor who 
may hear the matter and make final decision.


Section 20.  Penalty

Any person violating any provision of this ordinance shall be punishable, 
upon conviction or a plea of guilty, to a fine of $100 for the first offense, 
$200 for the second, and $300 for each further offense according to MO. 
 Article IO.

CITY OF AMESBURY.- DRAFT STREET TREE SPECIES LIST

        ACERACEAE
Genus            species        Common name
Acer       grissium           Paper bark maple
Acer       palmatum          Japanese maple
Acer       platiniodes        Norway maple

Acer    platinoides           Crimson king maple
Acer    pseudoplatanus      Sycamore maple
Acer    rubrum                   red maple
Acer    saccharinum          Silver maple
Acer    saccharum              Sugar maple

HIPPOCASTANACEAE
Aesculus glabra                  Ohio buckeye
Aesculus hippocastanum      Common horsechestnut

SIMAROUBACEAE
Ailanthus altissima               Tree of heaven

BETULACEAE
Alnus glutinosa
                  European alder
Betula nigra         River birch
Betula papyifera      Paper birch
Betula pendula         European white  birch

JUGLANDACEAE
Carya ovata                  Shagbark hickory
Carya glabra          Pignut hickory

IBIGNONIACEAE
Catalpa speciosa              Northern catalpa

LEGUMINOSAE
Cercis canadensis          Eastern redbud
Cladrastis lutea           American yellowwood

CERCIDIPHYLLACEAE
Cercidiphyllum japonicum          katsuratree

CORNACFAL
Cornus florida                      Flowering dogwood                                   Cornus kousa                        kousa dogwood

BETULACEAE
Corylus avellana contorta   European filbert aslo Known as
                 Harry Lauder's walkingstick

ROSACEAE
Crategus Phaenopyrum      Washington hawthorn
Cratugus laevigata (oxyacantha)        English hawthorn

FAGACEAE
Fagus grandifolia                  American beech
Fagus sylvatica                       European beech

OLEACEAE
Fraxinus americana              White ash
Fraxinus pennsylvanica           Green ash

GINKOACEAE
Ginkgo biloba                    Ginkgo or Maidenhair tree

LEGUMINOSAE
Gleditsia triacanthos v. inermis    Common thornless honeylocust
Gymnocladus dioicus                    Kentucky coffeetree

JUGLANDACEAE
Juglands cinerea              Butternut
Juglands nigra                Black walnut

HAMAMELIDACEAE
Hamamalis virginiana         Common witchhazel

SAPINDACEAE
Koelreuteria paniculata              Panicled goldenrain tree

LEGUMINOSAE
Laburnum x wateri     Goldenchain tree
Lirodendron tulipifera     Tulip tree

MORACEAE
Maclura pomifera         Osage orange
Magnolia x soulangiana    Saucer magnolia
Magnolia stellata          Star magnolia
Magnolia acuminata     Cucumbertree magnolia

TAXODECEAE
Metasequoia glyptostroboides    Dawn redwood

MORACEAE
Morus alba     Common mulberry

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