Cambridge Tree Ordinance Draft as of Sept 16, 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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