I. Title: Cambridge Tree Ordinance
II. Statement of Purpose:
III. Definitions:
IV. Applicability
V. Permits for Development/Construction
VI. Replacement Tree Policy
VII. Appeals
VIII. Fines
IX. Enforcement
X. Severability
XI. Advice and Assistance
XII. Comprehensive Plan
XIII. Responsibilities of Owners
XIV. Public Hazard and Abatement
XV. Protected Tree Program and Tree Hearings
XVI. Fees
I. Title: Cambridge Tree Ordinance
II. Statement of Purpose:
The Cambridge City Council hereby finds that the preservation of existing
trees and promotion of new tree planting is a public purpose that protects
the public health, general welfare, environment and aesthetics of City
of Cambridge and all its citizens.
III. Definitions:
The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section:
A. The "Arborist" means the City of Cambridge employee of that same
title having the primary responsibilities of administration and enforcement
of the Tree Protection Ordinance.
B. "Caliper" means the diameter of a tree trunk that is taken six (6)
inches above the ground for up to and including four-inch caliper size,
and twelve (12) inches above the-ground for larger sizes.
C. "Cambridge Tree Preservation Account" is an account established
by the City to accept monies to be used for tree maintenance and tree planting
only.
D. "Critical Root Zone" means an area of root space that is within
a circle circumscribed around the trunk of a healthy tree using a radius
of 1 foot per inch DBH.
E. "DBH" (Diameter at breast height) means the diameter of a tree trunk
measured in inches at a height of 4 feet above the ground. If a tree splits
into multiple trunks below 4 1/2 feet, then the trunk is measured at its
most narrow point beneath the split.
F. "Development Permit" means any official authorization issued by
the Department of Public Works or other City agency, under which defoliage
or alteration of the roots and drainage system of trees may occur, before
the alteration of the site or the commencement of construction activities,
e.g. a building permit, parking lot permit, and other permits.
G. "Dripline" means a vertical line running through the outermost portion
of the crown of a tree and extending to the ground.
H. “Person” means any governmental entity, individual, partnership,
firm, corporation or other legal entity.
I. “Planting Area” means the area between the sidewalk and the
street on which trees are planted.
J. "Protected Zone" means all areas of a parcel required to remain
in open space, including all areas required as yard areas buffers, transitional
buffer zones or landscaped areas according to provisions of the Cambridge
Zoning Ordinance or by conditions of zoning or variance approval.
K. “Protected Tree” means a tree as defined in Article XVI.
L. “Public Tree” means all trees now or hereafter in any public street,
park, right-of-way or easement, or other public place within the City limits.
M. "Significant Tree" means any existing, healthy, living tree eight
(8) inches DBH or greater in size, and that are planted by the City of
Cambridge in honor of the anniversary of the founding of Cambridge in the
different neighborhoods of Cambridge.
N. "Specimen Tree" means any tree which has been determined to meet
the criteria within this Chapter for the determination of specimen trees.
O. "Tree" means any living, self-supporting, woody perennial plant
which has a minimum trunk caliper of two (2) inches measured at a point
six (6) inches above the ground and which normally attains a height of
at least ten (10) feet at maturity, usually with one (1) main stem or trunk
and many branches.
P. "Tree Protection Plan" is submitted with other permit drawings required
to be submitted as part of the Development Permit process. It includes
definition of spatial limits, detailed drawings of tree protection measures
and their location , and an inspection plan and is described in Article
V.
Q. "Tree Save Area" means the boundaries of the area or areas surrounding
trees wherein it is essential that they remain undisturbed in order to
prevent damage and loss of trees which are to be retained on site during
the development and building process, as determined in an approved Tree
Protection Plan.
R. "Tree Value Formula" means the formula developed by the Council
of Tree and Landscape Appraisers: V=BxSxLxC where V= estimated value, B=
basic value in dollars per square inch of basal area (subject to change
with inflation), S= species value in percent, L= location value in percent
(street trees valued at 70%) and C+ condition value in percent (good=80%,
fair = 50%, poor = 30%, dead = 10%.)
S. "Urban Forestry Management Plan" means a plan as defined in Chapter
XII.
IV. Applicability
A. The terms and provisions of the Tree Protection Ordinance shall
further apply to any Public Tree and also to any new residential or non-residential
development which has the potential to adversely impact Trees or Tree Save
Areas and requires the issuance of a Development Permit or building permit
that would allow land disturbance, except as otherwise provided herein.
B. This ordinance further applies to Protected trees located on public
and private properties.
C. This ordinance is intended to supplement Chapter 87 of the Massachusetts
General Laws.
V. Permits for Development/Construction
Procedures: Application Requirements
A. Pre-Application Conference or Seminar. Prior to submission of an
application for a development permit, the applicant is encouraged to view
a Tree Protection Video, attend a Tree Protection Seminar or meet with
the Arborist to discuss the Tree Protection Ordinance as it relates to
the applicant's property.
B. Tree Survey. Except as Provided elsewhere in this Section, a tree
survey shall be required as part of any application for a Development Permit.
All trees shall be identified. Specimen trees shall be identified by size,
species and location.
C. Tree Protection Plan
1. A Tree Protection Plan shall be submitted with other permit drawings
as part of the Development Permit process. This plan may either be a separate
drawing, or part of a landscape plan, and shall include the following information-:
a) Definition of spatial limits: Limits of land disturbance,
clearing, grading, and trenching; Tree Save Areas; Specimen Trees; and
areas of revegetation.
b) Detailed drawings of tree protection measures and their location:
location, species and size DBH of existing Significant Trees and an indication
of which Significant Trees would remain on the site; tree fences; erosion
control fences; tree protection signs; tree wells; aeration and irrigation
systems; transplanting specifications; staking specifications; and other
applicable drawings as determined by the Arborist.
c) The Tree Protection Plan shall show all utility lines existing and
proposed, including irrigation and electric lighting lines. The owner shall
coordinate the location of these utility lines with the utility companies
in order to prevent root damage within the Critical Root Zones of Protected
Trees, and to minimize damage to trees located in Protected Zones.
d) Procedures and schedules for the implementation, installation, and
maintenance of tree protection measures, including taking into consideration
seasonal planting requirements.
e) Calculations of tree density proposed on site per Article VI herein.
2. The owner will further be required to assign an individual on site
whose responsibility is to assure that barriers are maintained and the
Plan adhered to.
3. The Arborist may issue a stop work order at any point of unauthorized
departure from the Plan and a system of fines will be developed to cover
costs of soil enhancement and tree replacement, if "damage" (soil compaction,
root severance, decline in vigor, etc.) occurs.
D. Tree Protection Inspection. Following the receipt of a complete
application, the Arborist shall schedule and conduct an inspection of the
proposed development site. The applicant or applicant's designee shall
be advised as to the date and time of the inspection and given an opportunity
to participate.
1. Following inspection said plans shall be reviewed by the Arborist
and the Building Inspector for conformance with applicable zoning conditions,
the Tree Protection Ordinance, and any applicable administrative guidelines,
and will either be approved or denied. Reasons for denial shall be noted
on the Tree Protection Plan or otherwise stated in writing.
2. No development or building permit shall be issued until the Tree
Protection Plan has been approved by the Arborist.
3. All tree protection measures shall be installed prior to land disturbance.
E. Issuance of a Development Permit shall be conditioned on the
approved Tree Protection Plan and conformance to the provisions of this
Ordinance and any regulations promulgated thereunder. Any permit may be
revoked if its terms are violated.
F. Final Inspection. No certificate of occupancy shall be issued
by the Building Inspector with respect to any permit subject to this Section
unless and until the Arborist shall have inspected the site and confirmed
that all existing trees to remain are in healthy condition and all replacement
trees have been planted in accordance with this Section.
VI. Replacement Tree Policy
A. In developing a site, the first priority under this ordinance is
to protect and preserve all trees whenever possible according to Tree Protection
Plan. The trees to be saved should be protected with fences, signs, ropes,
or other protective measures., to protect the Critical Root Zones as well
as the tree trunks and branches. Transplantable trees not in the Protected
Zone should be moved into the Protected Zone either permanently or during
the construction period for later moving to their permanent sites within
the construction area.
B. All Protected Trees removed in accordance with this Ordinance shall
be replaced using the Tree Value Formula. The Arborist shall list the replacement
standards on the permit.
C. Any Tree removed without a permit must be replaced with trees (not
necessarily the same species) according to the Tree Value Formula. As a
general rule all replacement trees shall be at least 1 1/2" caliper and
shall be no more than 3" caliper unless the approved plan indicates. Such
trees shall be required as part of a Tree Protection Plan. As many trees
as possible shall be replaced. The tree(s) must be placed in approximately
the same location as where the tree(s) was removed or as otherwise approved
by the Arborist and be maintained in good health for the length of time
determined by the Arborist.
D. When replacement of trees is not possible under the approved
Tree Protection Plan, the equivalent value of the tree as well as projected
costs for installation and maintenance will be assessed by the Arborist
and cash received from the property owner will be placed in the City of
Cambridge Tree Preservation Account for planting and maintenance of trees
on public property.
VII. Appeals
A person aggrieved by the administration of this chapter may have thirty
(30) days to appeal by petitioning the Arborist in writing. The Arborist
will have ten (10) days to consult with and make recommendations to the
City Manager, who shall issue a decision in ten (ten) days thereafter.
VIII. Fines
Any Person who violates any provision of this chapter may be subject
to a civil penalty not to exceed three hundred dollars for each violation.
Any builder, contractor, or agent who intentionally assisted in the commission
of any such violation, shall be liable for a 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 violation.
IX. Enforcement
The Arborist is hereby charged with the responsibility for the enforcement
of this ordinance and may serve notice to any person in violation thereof
or institute legal proceedings as may be required, and the City Solicitor
is hereby authorized to institute appropriate proceedings to that end.
X. Severability
Should any part or provision of this Ordinance be declared by a court
of competent jurisdiction to be invalid, the same shall not affect the
validity of the Ordinance as a whole or any part thereof other than the
part held to be invalid.
XI. Advice and Assistance
A. The Arborist shall call on the following persons and committees
for advice and assistance: the Public Works Commissioner or his or her
designee, the Community Development Department, the City's Open Space Committee,
members of the Committee on Public Planting, the Arts Council, the Conservation
Commission and the Historical Commission. On projects which fall within
the jurisdiction of those departments, the Arborist shall seek their advice.
B. The Arborist shall offer advice and assistance on proper care and
maintenance of trees to property owners, developers, and other members
of the public, via the City Web pages and documents to be kept on file
at all branch libraries.
XII. Comprehensive Plan
A. Within three years of the adoption of this Ordinance, the Arborist
with the advice and participation of the Committee on Public Planting and
the entities listed in Article XI above, shall adopt an urban forest management
plan. Throughout the entire management plan process, public input and public
education shall be given high priority. The Arborist thereafter shall use
his or her best efforts to insure that activities of the Arborist are guided
by such plan. The plan shall incorporate the following elements: A statement
of policies and objectives; an inventory of trees and any other information
necessary or usable in the long-range planning or day-to-day planting and
maintenance of the City's urban forest; a street-tree renewal plan; and
a set of standards.
B. The Arborist shall conduct a tree protection seminar, which shall
be videotaped and made available in all the public libraries in the city.
The purpose of this tree protection seminar and video is to clarify the
provisions and procedures of the Tree Ordinance and review applicable standards
and guidelines for the submittal of documents, and required tree protection,
replacement and maintenance measures.
XIII. Responsibilities of Owners
A. Property owners shall be responsible for watering mature
Public Trees in the Planting Area whenever landscaping of the property
is changed by the owner in such a manner as to deprive the Tree of its
normal source of moisture. Such watering shall be continued during dry
weather until the Public Tree becomes acclimated to the new environment,
but need not exceed five years. All watering requirements shall be waived
to the extent they are inconsistent with governmental restrictions on water
use.
B. Every owner of any tree overhanging any street or right-of-way within
the City 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 poses a threat to the safety of the public or other
trees. The City 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.
C. If any person owning real property bordering on any public street
fails to comply as herein above provided, the Arborist shall order the
owner to take corrective action within fifteen (15) days after receipt
of written notice. The order required herein shall be served by mailing
a copy of it to the last known address of the property owner.
D. If a person to whom an order is directed fails to comply within
the specified time, it shall be lawful for the city to prune such trees
or to pay for such pruning, and the cost thereof shall be assessed to the
owner.
XIV. Public Hazard and Abatement
A. Upon a determination by the Arborist that a private tree constitutes
a public hazard, either as in Section B below, or otherwise, he shall give
written notice to the owner of the property upon which said hazard exists
to remove, or otherwise control such tree in such a manner as will abate
such hazard. Failure to comply with such written notice within fifteen
(15) days thereafter is a violation of this section, and the Arborist may
then remove or trim such tree and assess the cost thereof against the property.
B. The following shall be presumed to constitute a public hazard: Any
living or standing elm tree or part thereof infected to any degree with
the Dutch Elm Disease fungus, Ceratocystis ulmi (Buisman) Moreau; or which
harbors any of the elm bark beetles, Scolytus multistriatus (Marsh.) or
Hylurgopinus rufipes (Eich.); Any dead elm tree or dead part of any elm
tree, including logs, branches, stumps, firewood or other elm material
from which the bark has not been removed.
XV. Protected Tree Program and Tree Hearings
A. The City hereby declares that the following are Protected Trees:
Any beech, elm, white oak, and sycamore trees larger than 8" DBH or
greater.
B. Any resident may nominate additional Trees to be Protected
as follows:
1. A resident may nominate any Tree of unique historical, ecological,
or aesthetic value, which therefore constitutes an important community
resource by filing a written petition with the arborist.
2. The Arborist shall hold a hearing on the petition. Notice of the
time and place of the hearing shall be posted in a conspicuous place on
the real property upon which the proposed Protected Tree is located, placed
in two newspapers of local circulation, and mailed to the applicant and
all owners of real property within a five hundred (500) foot radius of
the real property upon which the Protected Tree is located, by the applicant.
Written objections must be received before the close of the hearing. The
Arborist will write a letter of recommendation to the City Manager. The
City Manager shall issue a written decision. Appeal can be made to the
City Council.
3. Removal of a Public Tree or Protected Tree or adverse impacts to
their Critical Root Zone or Dripline shall follow the procedures set forth
above.
C. Protected Specimen Trees
1. Specimen trees shall be identified by the Arborist, and shall be
located on the Tree Protection Plan described in Article V.
2. Standards for the identification, preservation, and protection of
specimen trees shall be as follows:
a) Any tree in fair or better condition which equals or exceeds
the following diameter sizes: (1) large hardwoods, i.e. oaks, hickories,
yellow poplars, etc.: 30 inches DBH. (2) Large softwoods, e.g. pines, evergreens,
etc.: 30 inches DBH. (3) Small trees, e.g. dogwoods, redbuds, etc.: 10
inches DBH; and
b) A tree in fair or better condition should meet the following
minimum standards: (1)A life expectancy of greater than 15 years; (2)A
relatively sound and solid trunk with no extensive decay or hollow, and
less than 20 percent radial trunk dieback; and (3)No major insect or pathological
problem; or
c) A lesser-sized tree can be considered a Specimen if: (1) It
is a rare or unusual species. (2) It is specifically used by a builder,
developer, or design professional as a focal point in a project or landscape.
(3) It is a tree with exceptional aesthetic quality.
3. The Arborist may identify and require the preservation of a tree
stand if it contains one or more Specimen Trees and the Specimen Trees
are interlocked with other members of the stand in such a way as to imperil
the Specimen tree if other members of the stand were to be removed.
4. It shall be prohibited to cut Specimen Trees existing on a tract
of land that is the subject of a Development Permit without a special exception
granted by the Zoning Board of Appeals if removal of the Specimen tree
has not been approved by the Arborist.
5. Any Specimen Tree removed from a parcel shall be replaced on or
as close to the original site as possible by 1.5 times the equivalent tree
density using species with potentials for comparable size and quality at
maturity.
XVI. Fees
Descriptions Fee
All new construction or alteration that involves removal of any trees
Minimum fee $20 plus $7 per sq. ft of development
Inspection of site $35 per inspection
We have drafts of regulations, statements about the value of trees,
etc. which accompany
the tree ordinance but are not part of it. We also propose a reduction
in property tax
of $100 per protected tree which might be used to offset maintenance
costs of the tree in exchange for the good the tree does for the public.
We would also like to consider a neighborhood voluntary embellishment tax
which could be used to prune and care for street trees and Protected trees.
And perhaps used for planting of flowers. We value your thoughts.
Chapter 9.04 Offenses against Property
Chapter 9.04 is hereby amended by adding a new section 9.04.010.A.9
as follows:
"Abuse, destroy or mutilate any tree in a public place or any endangered
or threatened species, or any tree otherwise designated as Protected pursuant
to the Cambridge Tree Ordinance at Chapter_ or to attach or place any rope,
wire (other than one used to support a young or broken tree), sign poster,
handbill or other things to or on any tree growing in a public place, or
to cause or; permit any wire charged with electricity to be placed or attached
to any such tree, or allow any gaseous, liquid or solid substance which
is harmful to such trees to come in contact with their roots, trunks, or
leaves."
2. Chapter 12.16 Street and Sidewalk Use Regulations
Chapter 12.16.030 is hereby amended to read as follows:
"No person shall climb a tree in any street or fasten or tie a horse
or other animal or bicycle, or post a bill upon, any such tree, or allow
any horse or other animal owned by him, or under his control to stand so
near any such tree, that such a tree may be gnawed or otherwise injured
by such horse or other animal or bicycle."
3. Chapter 12.20 Commons and Public Grounds
Chapter 12.20 is hereby amended by adding a new section 12.20.065 as
follows:
"Harming of trees. Upon application for and receipt of written permission
from the Arborist, a person or city agency may (1) undertake any construction
or development activity, including but not limited to the excavation of
any ditches, tunnels, or trenches or the laying of pavement, within the
dripline of any city tree and (2) move or park vehicles associated with
any construction or development activity that may affect any tree on city
property and (3) plant, spray, fertilized, prune, remove, replace, or otherwise
disturb any tree on any public street, park or other city-owned property.
When roots of a tree planted with the planting area between the sidewalk
and the street damage city curbs, gutters and sidewalks, including driveway
ramps, the city shall take appropriate corrective measures which are least
damaging to the tree. Where sidewalk or curb damage due to tree roots occurs,
every effort shall be made to correct the problem without removing or damaging
the tree. The Arborist shall be responsible for developing or approving
corrective measures in consultation with the city engineer. All trees shall
be planted in good condition and meet “American Standard for Nursery Stock”.
4. Chapter 13.12 Water Reservoirs
Chapter 13.12.080 is hereby amended to read as follows:
“No person shall climb a tree on the land connected with, and appurtenant
to Fresh Pond, Stony Brook or Hobbs Brook, or other reservoir of the water
works, or tie a horse or other animal or bicycle to a tree or fence on
such land."
Chapter 13.12 is further amended by adding a new section 13.12.85 as
follows:
"No tree located in a 100 year flood plain or other flood prone area
shall be removed except with approval of the Arborist as provided in Article
VI of the Cambridge Tree Ordinance as necessary for construction, repair
or maintenance of public roads, utilities or drainage structures or as
part of an approved wetland mitigation plan."
Preface: This draft ordinance is an attempt to be comprehensive
of tree protection strategies that we in Cambridge may want to consider.
We may not choose to adopt every section below. And we may choose to add
additional sections. Some sections may become regulations, standards or
guidelines rather than part of the ordinance itself. List of Sections:
I. Preamble: Statement of Purpose
A. The purpose of these standards is to facilitate the preservation
and/or replacement of trees as a part of land development in Cambridge
B. The Cambridge City Council hereby finds that the preservation of
existing trees and promotion of new tree planting is a public purpose that
protects the public health, general welfare, environment and aesthetics
of City of Cambridge and all its citizens.
C. The citizens of the City and their many communities enjoy many benefits
that can be directly attributed to our trees.
1. Trees produce oxygen, which is essential to the well being of all
animal life, including humans.
2. Trees help to reduce the amounts of airborne pollutants, including
removal of carbon dioxide, that are of a major environmental concern due
to current high levels.
3. Trees and their foliage intercept dust and particulate matter, thereby
helping to purify our air and limit health risks.
4. Trees and their root systems reduce soil erosion and storm water
runoff. This decreases sedimentation problems and improves water quality.
Trees minimize the cost of construction and maintenance of drainage systems
necessitated by the increased flow and diversion of surface waters.
5. Trees provide food and shelter for desirable urban wildlife. Trees
can provide a haven for birds which, in turn, assist in the control of
insects.
6. Trees provide screening, which in turns aids in the reduction of
noise and glare.
7. Trees help moderate our air temperature to provide us with a comfortable
environment.
8. Trees provide scenic amenities to soften the harshness of city buildings
and streets. They are aesthetically pleasing to all that view them.
9. Trees may affect property values and can have a positive impact
upon the economy of an area.
10. Trees can enhance the natural functions of streams and related
buffers.
11. Trees provide a protective physical and psychological barrier between
pedestrians and traffic.
12. Trees create special places that are inviting.
13. Trees create a civic identity.
14. Treed landscapes decrease physiological stress. Viewing trees decreases
hospital stays and use of pain medication by patients.
15. Landscaping is economically beneficial in attracting new residents,
visitors and industry.
16. In one year a mature tree can absorb as much carbon as is produced
by a car driven 26,000 miles.
D. Urban trees are a fragile public resource and may be damaged or
destroyed through malicious, careless, or even well intentioned actions.
Therefore this Ordinance will help to educate citizens and developers about
the importance of trees including best management practices for maintaining
trees.
1. Encourage the proliferation and replacement of trees on public and
private property;
2. Allow trees to attain their natural shape and size while growing
to maturity,
3. Provide standards for the preservation of trees as part of the land
development process;
4. Prevent clear-cutting and mass grading of land that results in the
loss of mature trees, and to ensure appropriate replanting when tree loss
does occur;
5. Protect trees during construction to enhance the quality of life
in Cambridge;
6. Protect trees during construction of public facilities and utilities;and
7. Establish and maintain appropriate diversity in tree species and
age classes to provide a stable and sustainable urban forest.
II. Findings:
A. Street tree inventory includes 11,118 trees. Parks, schools and
tot lots, when surveyed will add 800 –1000 trees. Most of our urban forest
is on private property.,
B. number of street elms,
C. Street trees live an average of 7-11 years
III. For Regulations:
A. Policies regarding trees
1. The City encourages promotion of the urban forest and maximization
of the tree canopy where such canopy can grow without physical obstructions.
2. It is the policy of the city to conduct a consistent and adequate
program and budget for maintaining, watering and preserving these trees.
3. New tree planting on public and private property is encouraged to
cultivate a flourishing urban forest.
4. The city enlists the assistance of citizens and businesses in the
maintenance and watering of the tree wells in the public way and in the
identification of possible hazards.
5. It is the policy of the city to consider placement of the trees
in relation with all federal and state regulations, including the needs
of the disabled, utilities, emergency vehicles and trucks.
6. It is the policy of the city to promote the diversity of the urban
forest to avoid devastation of an individual species.
7. It is the policy of the city to plant trees only in the appropriate
season and that when a owner would normally want to plant but the season
is inappropriate, that money be put aside for both the tree purchase and
the tree planting in the appropriate season.
8. It is the policy of the city that money is dedicated for both the
tree purchase and the tree planting.
9. It is the policy of the City to install autonomic irrigation systems
particularly where watering is likely to be difficult.
10. Plantings are designed for the entire year and not just summer.
11. Utilize strategies to encourage long street tree life and to maintain
those that live longer.
12. Trees should be planted in a manner to maximize adequate growth,
by structural soils, treeways for root growth, etc.
13. Encourage the development of innovative strategies in places where
there is limited space either for the roots or for the canopy and provide
guidelines for root pruning, etc.
14. In areas where there is little room for trees to root, it is the
policy of the city to build sidewalks that allow roots to grow under the
sidewalks so they can have trees.
15. It is the policy of the City that no tree located in a 100 year
flood plain or other flood prone area shall be removed except with approval
of the Arborist as otherwise provided in the Cambridge Tree Ordinance as
necessary for construction, repair or maintenance of public roads, utilities
or drainage structures or as part of an approved wetland mitigation plan.
16. It shall be the policy of the City to maximize the planting of
trees alongside the streets of the city.
17. Street tree plantings shall first be considered from the
standpoint of the people using or passing along the streets and in terms
of the broader community benefit.
B. Comprehensive Plan
1. Within three years of the adoption of this Ordinance, the Arborist
with the advice and participation of the Committee on Public Planting and
the entities listed in the Cambridge Tree Ordinance, shall adopt an urban
forest management plan. Throughout the entire management plan process,
public input and public education shall be given high priority. The Arborist
thereafter shall use his or her best efforts to insure that activities
of the Arborist are guided by such plan. The plan shall incorporate the
following elements:
2. A clear, concise, and comprehensive Statement of Policies and Objectives
for urban forestry management in the City, which statement is to be developed
by the Arborist with the advice and participation of the Committee on Public
Planting through a process of at least three public hearings;
3. An inventory of every street tree and any other trees deemed necessary
by the Arborist including Significant trees, Commemorative trees, Client
tree and other protected or landmarked trees, which inventory shall include,
as appropriate, species, age, condition, maintenance records, record of
fees and fines, and any other information necessary or usable in the long-range
planning or day-to-day planting and maintenance of the City's urban forest;
4. A Street-Tree Renewal Plan, [and gateway tree plan? A sidewalk and
sewer replacement plan? And major road tree plan? A traffic slowdown plan?]
based on an evaluation of species characteristics and performance as recorded
in the inventory, providing for rotational reforestation of diseased or
declining trees and break-up of potentially problematic monocultures;
5. A set of Standards for the Arborist and the public for street tree
installation, landscape-tree installation, pruning and maintenance, acceptable
tree species and any other standards, criteria, or administrative procedures
deemed necessary to carry out the purposes of this Ordinance and the Urban
Forest Management Plan. Such Standards shall include consideration of ANSI
800 pruning specification [insert ISA language & MA standards]
6. The following additional elements: identification of planting sites;
prioritized planting plan; standards for tree selection, siting, planting,
and pruning; -scheduled maintenance for new and established trees; watering,
inspection program for tree-related problems and hazards; guidelines for
protecting existing trees from construction-related damage; integrated
disease and pest management strategies; -reforestation plans that allow
for phased removal and replacement as trees become a liability; plans for
utilization of wastewood. In developing these Standards the Arborist
shall reference the Draft Cambridge Tree and Park Maintenance Plan.
7. In an effort to improve public awareness and attitudes regarding
the importance of trees and their environment to this community, the Arborist
will enlist public participation in identifying those trees which, by virtue
of their size, age, historic significance, or other uniqueness, can be
recognized as being the most noteworthy representatives of their kind in
Cambridge. It is further expected that the recognition and attendant honor
will provide for the enhanced protection of these, and ultimately other,
trees in our community.
8. The Arborist shall make a Tree Protection Seminar which will be
videotaped which shall be available in all the public libraries in the
city. The purpose of this Tree Protection Seminar and video is to clarify
the provisions and procedures of the Tree Protection Ordinance and review
applicable standards and guidelines for the submittal of documents and
required tree protection, replacement and maintenance measures.
A. Planting and Maintenance Requirements
B. Persons or city agencies conducting regular maintenance work on
trees or shrubs may be granted general permits to cover their work on a
yearly basis.
C. No person or city agency shall plant, spray, fertilize, prune, remove,
replace or otherwise disturb any tree on any public street, park or other
city-owned property without first submitting a written request therefor
and obtaining written permission from the Arborist or in accordance with
an existing approved maintenance plan. Requests for written permission
shall be acted on within five (5) business days of filing the written request
with the Arborist. All work for which such permission is given shall be
done in accordance with this Ordinance, the Urban Forest Management Plan,
and the Department of Public Works rules and regulations.
D. It is the responsibility of the Arborist to determine if trees on
city-owned property are hazardous to persons, property and other trees
and to remove dead or hazardous trees from city-owned property. If replacement
is recommended by the Arborist, the city shall replace the tree within
one (1) year of removal.
E. Wherever it is necessary to remove a tree from a public right-of-way
in connection with the paving of a sidewalk or the paving or widening of
a street, the city or responsible agency or person shall replant such tree
or replace it with a similar tree according to Cambridge Tree Ordinance.
If conditions prevent planting in the right-of-way, this requirement may
be satisfied by planting on the adjoining private property if the property
owner agrees.
F. Requests from private citizens that new street trees be planted
near their property shall be accommodated in accordance with planting priorities
set by the Arborist in consultation with the Public Planting Committee
G. Specifications governing tree species, size, spacing, method, and
location of planting, and a maintenance plan, including watering and irrigation,
shall be approved by the Arborist. Inspection of the trees by the Arborist
shall be carried out, whenever possible, prior to planting in order to
ensure tree health and quality. Whenever any person is required to replace
a tree pursuant to this chapter, he or she shall guarantee the health of
such replacement trees for one year.
H. When roots of a tree planted within the Planting Area damage city
curbs, gutters and sidewalks (including driveway ramps), the city shall
be take appropriate corrective measures which are least damaging to the
tree. Where sidewalk or curb damage due to tree roots occurs, every effort
shall be made to correct the problem without removing or damaging the tree.
The Arborist shall be responsible for developing or approving corrective
measures in consultation with the city engineer. All trees shall be planted
in good condition and meet "American Standard for Nursery Stock" (1990),
ANSI Z60.1-1990, as may be amended.
I. The owner shall plant, or install, as appropriate, grass, tree grates,
porous pavers, or similar pervious surfaces, which shall extend to twice
the initial drip line of the newly planted tree. Minimum tree grate size
shall be twenty-five square feet.
J. Buffers
1. Stream Buffers: Undisturbed, natural buffers not less than 25 feet
in width shall be provided and maintained unless a buffer of greater width
is otherwise required in this Chapter. {Check the Massachusetts Rivers
Law.}
2. Land Use Transition Buffers: Buffers shall be provided between dissimilar
districts or uses in accordance with the provisions of the Zoning ordinance
or as a condition of zoning, special land use permit or variance approval.
3. Buffer planting shall meet the minimum width requirements contained
in of Ordinances, except as authorized to be reduced by a condition of
zoning, special land use permit or variance approval. }
4. Disturbance or Encroachments
a) Ditches, swales, stormwater conveyance facilities, stormwater detention
ponds, sanitary sewer conveyance facilities, and any associated easements,
shall not encroach into a buffer except that necessary access and utility
crossings (e.g. stormwater or sanitary sewer pipes) may encroach into the
buffer as near to perpendicular as practical.
b) Supplemental plantings or replantings of vegetation or authorized
non-vegetative screening devices shall be authorized to encroach into a
buffer provided there is minimal disturbance of any existing vegetation.
c) .Dying, diseased or dead vegetation may be removed from a buffer
provided minimal disturbance occurs. Vegetation thus removed shall be replaced
where necessary to meet the screening requirements contained herein.
5. Protection during Land Disturbing Activities
a) During authorized land disturbing activities, buffers shall be clearly
delineated and protected prior to commencement of, and during, construction.
b) The method of demarcation and protection utilized shall be in accordance
with best management practices or as required by the Arborist.
K. 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, 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 Arborist