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11, 1999
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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. 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. Harming Public and Certain Other Trees Forbidden
XVI. Protected Tree Program and Tree Hearings
XVII. 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 a bank account set up 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 an official authorization issued by the
Department of Public Works or other City agency, allowing defoliage or
harming of the roots and drainage system of trees., before the alteration
of the site or the commencement of construction activities.
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 individual, partnership, firm, corporation or
other legal entity.
I. "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.
J. “Protected Tree” means a tree as defined in Article XVI.
K. “Public Tree” means all street trees now or hereafter in any public
street, park, right-of-way or easement, or other public place within the
City limits.
L. "Significant Tree" means any existing, healthy, living tree eight
(8) inches DBH or greater in size. This definition does not refer to the
City of Cambridge Significant Tree which are planted by the City of Cambridge
in honor of the anniversary of the founding of Cambridge in the different
neighborhoods of Cambridge.
M. "Specimen Tree" means any tree which has been determined to meet
the criteria within this Chapter for the determination of specimen trees.
N. "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.
O. "Tree Protection Plan" is submitted with other permit drawings 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 XXI.
P. "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.
Q. "Unit Value" means
R. “Total Basal Area” means
S. “Planting Area” means the area between the sidewalk and the street
on which trees are planted.
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.
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 development, 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.
Except as provided elsewhere in this Section, all trees shall be identified.
Specimen trees shall be identified by size, species and location. Trees
larger than two (2) inches DBH may be identified and counted for unit-credit
on the Tree Protection Plan.
C. Tree Protection Plan
1. 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.
2. 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.
3. Procedures and schedules for the implementation, installation, and
maintenance of tree protection measures, including taking into consideration
seasonal planting requirements.
4. Calculations of tree density proposed on site per Article VI herein.
5. The owner will further be required to assign an individual on site
to assure that barriers are maintained and the Plan adhered to. A stop
work order will be issued 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 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. 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.
F. Issuance of a building or land 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 voided if its terms are violated.
VI. Replacement Tree Policy
A. In developing a site, the first priority under this ordinance is
to protect and preserve all trees whenever possible. The trees to be saved
should be protected with fences, signs, ropes, etc., to protect the Critical
Root Zones as well as the tree trunks and branches. Transplantable trees
in the non-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 in accordance with the formula/algorithm developed by the Arborist.
The replacement standards shall be listed on the permit.
C. Any Tree removed without a permit must be replaced with trees (not
necessarily the same species) whose Total Basal Area equals the basal area
of the tree removed. As a general rule all replacement trees shall be at
least 1 1/2" caliper and shall be no more than 3" caliper. 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 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.
VIII. Fines
Any Person who violates any provision of this chapter may be punished
by a fine of not more than three hundred dollars. Any builder, contractor,
or agent who may have intentionally assisted in the commission of any such
violation, shall be guilty of a separate offense. 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
offense.
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 City 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, all of which shall be invited
to provide assistance and advice to the Arborist on projects which fall
within the jurisdiction of those departments.
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 deemed necessary by the
Arborist 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 make a tree protection seminar, which will be
videotaped and 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 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 constitute a menace 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. Should any person owning real property bordering on any public street
fail 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. When a person to whom an order is directed shall fail 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 automatically 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 automatically 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. Protective Measures
With 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 or shrub.
1. Move or park vehicles associated with any construction or
development activity that may affect any tree or shrub on city property.
XVI. 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.
2. The Arborist shall not act on such an application until a hearing
is held thereon. 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 or
during the hearing. The Arborist will write a letter of recommendation
to the City Manager. The City Manager shall write the decision. Appeal
can be made to the City Council.
3. Removal of a Public Tree or Protected Tree 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.
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.
c) A lesser-sized tree can be considered a Specimen if: (1) It
is a rare or unusual species or of historical significance. (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 or building 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.
XVII. 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
I. 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. With 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
or shrub and (2) move or park vehicles associated with any construction
or development activity that may affect any tree or shrub 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 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 damange 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 otherwise 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."
The following sections are proposed to be related to the Ordinance
but not part of it or other City Ordinances
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
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