[HISTORY: Adopted by the Annual Town Meeting
of the Town of Lexington 4-11-2001 by Art. 34. Amendments noted where applicable.]
The Town of Lexington finds that mature trees
have aesthetic appeal, contribute to the distinct character of certain
neighborhoods, improve air quality, provide glare and heat protection,
reduce noise, aid in the stabilization of soil, provide natural flood-
and climate-control, create habitats for wildlife, enhance property
values and provide natural privacy to neighbors.
This bylaw is enacted for the purpose of preserving
and protecting both public shade trees pursuant to General Law Chapter
87 and certain trees on portions of private property. To achieve these
purposes, this bylaw establishes a Tree Committee and empowers the
Committee, in conjunction with the Tree Warden, to regulate the removal
and replacement of trees in certain circumstances, and to promote
the planting and protection of trees throughout the Town. It is desirable
that the Town plant more trees than are removed to compensate for
tree losses and the length of time to maturity. The provisions of
this bylaw, when pertaining to private property, apply only when there
is major construction or demolition as defined below and only within
setback areas.
A.
CALIPER
DBH ("Diameter at Breast Height")
DEMOLITION
MAJOR CONSTRUCTION
PERSON
PROTECTED TREE
PUBLIC SHADE TREE
REPLACEMENT INCH
SETBACK AREA
TOWN TREE
TREE REMOVAL
When used in this bylaw, the following definitions
shall apply:
Diameter of a tree trunk (in inches) measured six inches
above the ground for trees up to and including four-inch diameter,
and 12 inches above the ground for larger trees.
The diameter (in inches) of the trunk of a tree (or, for
multiple trunk trees, the aggregate diameters of the multiple trunks)
measured 4 1/2 feet from the existing grade at the base of the
tree.
Any act of pulling down, destroying, removing or razing a
building or commencing the work of total or substantial destruction
with the intent of completing the same.
Any construction of a structure on a vacant lot, or any construction
of one or multiple structures or additions to structures on an existing
lot, wherein there would result an increase of 50% or more in the
total footprint of the new structure(s), when compared to the total
footprint of the pre-existing structure(s).
Any person, firm, partnership, association, corporation,
company or organization of any kind including public or private utility
and municipal department.
Any tree on private land, with a DBH of six inches or greater
(or any multiple trunk tree with a DBH of 15 inches or greater), located
in the setback area (or which, as determined by the Tree Warden, has
any portion of the stem between six inches and 4 1/2 feet above
grade actively growing into the setback area), provided that tree
is not hazardous or undesirable as defined in the Tree Manual.
[Amended 4-4-2007 ATM by Art. 13]
Any tree within the public right-of-way except for state
highways that, as determined by the Tree Warden, has any portion of
the stem between six inches and 4 1/2 feet above grade actively
growing into the public right-of-way.
The unit used when determining mandated replanting, which shall be calculated using the Replacement Inch Calculation Table in § 120-16.
[Added 4-5-2017 ATM by
Art. 37]
The minimum setback area around a lot shall be measured in
accordance with the larger dimension of 30 feet from the front and
15 feet from the two sides and from the rear of the lot; and the minimum
front yard, side yard and rear yard dimensional requirements under
the Zoning Bylaw of the Town of Lexington. For the purposes of establishing
the setback area in which the provisions of this bylaw shall apply,
the measurement shall be from any point on any property line of the
lot, to points along an imaginary line drawn representing the setback
area as specified. Final judgments regarding required tree protections
during construction shall be made by the Tree Warden where deviations
from the setback are required.
[Amended 4-4-2007 ATM by Art. 13; 3-18-2013 ATM by Art. 30]
Any tree within a public park or open space under the jurisdiction
of the Select Board acting as park commissioners, on public school
grounds, or on any other Town-owned land.
[Amended 3-27-2019 ATM by Art. 34]
Any act that will cause a tree to die within a three-year
period.
B.
The Tree Committee may provide other such definitions
or terms in rules and regulations, approved by the Select Board, deemed
useful to implement this bylaw.
[Amended 3-27-2019 ATM by Art. 34]
A.
Applicability. The circumstances under which the tree
protection, removal and replacement regulatory process delineated
in this bylaw shall apply are as follows:
(1)
Proposed cutting (trunk, limbs or roots) of existing
public shade trees on public and private ways (accepted or unaccepted
streets) or of Town trees on Town-owned (or leased land being used
as a public facility) by any person.
(2)
Proposed demolition of an existing residential or
nonresidential structure.
(3)
Proposed major construction on an existing residential
or nonresidential lot.
B.
For sites under the jurisdiction of the Planning Board
or Zoning Board of Appeals, the Planning Board or Zoning Board of
Appeals may, by including in their findings an explanation of the
reasons, waive in part or in full this bylaw when they deem it necessary
for the good of the community.
[Amended 3-23-2011 ATM by Art. 31]
[Amended 3-27-2019 ATM by Art. 34]
The Public Grounds Superintendent within the
Department of Public Works shall serve as the Tree Warden unless another
designee is appointed by the Select Board.
A.
The duties or responsibilities of the Tree Warden
shall conform to General Law Chapter 87 and shall include, but not
be limited to, the following as may be further specified in this bylaw:
(1)
Management of all trees within public rights-of-way
and adjacent to public buildings and commons; care and control of
trees on Town property if so requested by the Select Board, and on
Town land owned by other departments such as Schools, Recreation and
Conservation, if so requested by the respective department and approved
by the Select Board;
(2)
Expending funds, in coordination with the Tree Committee,
appropriated for planting trees on Town land under the jurisdiction
of the Tree Warden;
(3)
With recommendations from the Tree Committee, granting
or denying and attaching reasonable conditions to all permits required
under this bylaw;
(4)
Work in conjunction with the Tree Committee to seek
grants or other assistance concerning the preservation and maintenance
of trees in Town;
(5)
Development of rules, regulations, tree inventory,
manuals and other data, in conjunction with the Tree Committee, to
carry out the purposes and intent of this bylaw for approval and promulgation
by the Select Board;
(6)
Enforcement of this bylaw;
(7)
Appointment or removal of Deputy Tree Wardens.
B.
Moreover, the Select Board may authorize the Tree
Warden to undertake other responsibilities consistent with the purposes
and intent of this bylaw.
A.
The Town shall have a Tree Committee that consists
of seven members and two nonvoting associate members as appointed
by the Select Board. A quorum of the Tree Committee shall consist
of a majority of the voting members then in office. For the first
appointments of full members, three members will serve one-year terms;
two members will serve two-year terms; and two members shall serve
three-year terms. All members up for renewal and associate members
will serve three-year terms.
[Amended 3-27-2019 ATM by Art. 34; 3-22-2023 ATM by Art. 29]
B.
The Tree Committee shall have the following duties
and responsibilities as may be further specified in this bylaw:
(1)
Development of rules, regulations, tree inventory,
manuals and other data, in conjunction with the Tree Warden, to carry
out the purposes and intent of this bylaw, for approval and promulgation
by the Select Board;
[Amended 3-27-2019 ATM by Art. 34]
(2)
Permit the removal of certain trees on private property
upon appeal, by an applicant;
(3)
Public education and coordination with other Town
Committees and civic groups to promote the purposes and intent of
this bylaw;
(4)
Work in conjunction with the Tree Warden to seek grants
or other assistance concerning the preservation and maintenance of
trees in Town.
A.
Scope. A public shade tree or Town tree may not be
cut, pruned, removed or damaged by any person or the Town until and
unless the Tree Warden issues a written permit pursuant to this section.
B.
Procedures. Any person seeking to prune or remove
a public shade tree or Town tree shall submit an application to the
Tree Warden in accordance with any application requirements issued
by the Tree Warden. The Tree Warden shall hold a public hearing on
applications for removal, at the expense of the applicant, in accordance
with the provisions outlined within General Law Chapter 87. In addition
to any public notice required by said G.L. c. 87, the Town shall contemporaneously
provide notice of the public hearing on the Town's website and through
such other electronic means as it deems appropriate. If the Tree Warden
or Select Board permits a person, other than the Town or an agent
of the Town, to remove a public shade tree or Town tree, the Select
Board, or its designee, shall require the applicant to obtain an appraisal
of the value of the tree, at the applicant's expense, and to pay the
appraised value of the tree, as determined by a member of the American
Society of Consulting Arborists using the Council of Tree and Landscape
Appraisers trunk formula method. Such payments shall be deposited
in the Lexington Tree Fund. The Select Board may, at the request of
the applicant, waive the requirement to pay all or a portion of the
appraised value of the Tree pursuant to this subsection if the Select
Board determines that the removal of the tree is required as part
of a project intended to serve a public purpose or due to other extenuating
circumstances. The permit issued by the Tree Warden may specify schedules,
terms, and conditions, including requiring the planting of replacement
trees.
[Amended 4-14-2021 ATM by Art. 32]
C.
Planting of trees on Public Land. Any person seeking
to plant a tree on public land under the jurisdiction of the Tree
Warden must obtain written permission from the Tree Warden. Such permission
may specify schedules, terms, and conditions as deemed appropriate
by the Tree Warden.
A.
Scope. The removal of protected trees in conjunction
with demolition or major construction is prohibited unless authorized
by the Tree Warden, or Tree Committee as set forth below.
B.
Procedures. When major construction or demolition
is planned, the owner of the property shall submit to the Building
Commissioner as part of the application for a building or demolition
permit a site plan drawn and stamped by a registered land surveyor
showing all existing trees on the property of six-inch DBH or greater.
The owner shall also submit the tree species, if known, location,
DBH for all trees on the property of six-inch DBH or greater, whether
or not they are proposed to be removed, and for any trees six inches
DBH or greater that are proposed to be removed, the reason for removal
and alternatives to removal considered.
[Amended 4-4-2007 ATM by Art. 13; 3-19-2008 ATM by Art. 37; 3-27-2019 ATM by Art. 34; 4-14-2021 ATM by Art. 33]
(1)
If any protected trees will be removed or damaged
in connection with major construction or demolition, the owner of
the property shall submit a proposal for tree removal and mitigation
to the Building Commissioner with the application for a building or
demolition permit. Additionally, if any protected trees were removed
during the 36 months preceding the application for the building or
demolition permit, a tree removal and mitigation proposal regarding
the protected trees already removed shall be submitted to the Building
Commissioner. The proposal shall satisfy the mitigation requirements
set forth below and any rules, regulations or manuals promulgated
by the Select Board. The Select Board shall set an application fee.
Such fee shall be at least $20 per DBH inch of protected tree to be
removed. The Select Board shall annually evaluate the adequacy of
the fee and adjust it as needed, or shall designate a Town official
to annually review the fee and adjust it as needed.
[Amended 4-14-2021 ATM by Art. 34; 3-20-2023 ATM by Art. 28]
(2)
The Building Commissioner shall refer the tree proposal
to the Tree Warden. The Tree Warden shall conduct a site visit. If
the applicant's proposal is consistent with the mitigation requirements
herein and the rules, regulations or manuals issued by the Select
Board, the Tree Warden will issue a permit within 10 business days
of receipt by the Tree Warden of the proposal to authorize the tree
work. If the proposal does not meet or satisfy these requirements,
the Tree Warden shall so notify the applicant and deny the permit.
(3)
An applicant may appeal the denial or grant of a tree
permit to the Tree Committee. The Tree Committee shall conduct a public
hearing on the appeal and shall give the public notice thereof, at
the expense of the applicant. Public notice shall include all persons
owning land within 300 feet of any part of applicant's land at least
14 days before said hearing. The Tree Committee shall rule within
20 days of the public hearing.
(4)
Appeals of final decisions of the Tree Committee shall
be to Superior Court and shall be limited to whether the decision
was arbitrary or capricious.
C.
Mitigation. A protected tree shall not be removed
unless at least one of the following provisions is satisfied:
(1)
Replanting of trees: such replanting shall be on the basis of one
inch of caliper of new tree(s) for each replacement inch of DBH of
tree(s) removed except that, to encourage the planting of large shade
species, for each replanted tree listed in the Recommended Large Shade
Trees list of the Lexington Tree Manual [Section V.B.5] replanting
shall be on the basis of 1/4 inch of caliper of new tree(s) for each
replacement inch of DBH of tree(s) removed and each replanted tree
must have a minimum caliper of three inches. The replanting shall
occur no later than 12 months after completion of the construction
work, either on applicant's land or on land abutting applicant's land
with express approval of the owner of such abutting land;
[Amended 3-18-2013 ATM
by Art. 30; 4-5-2017 ATM by Art.
37; 4-14-2021 ATM
by Art. 34]
(2)
Contribution into the Lexington Tree Fund, provided such fund is reauthorized to the extent required by law, or otherwise to the surplus revenue of the Town: such contribution shall be $200 per replacement inch of protected tree or Town tree removed not already mitigated as per Subsection C(1); or
[Amended 3-31-2004 ATM
by Art. 34; 4-4-2005 ATM by Art.
16; 4-5-2017 ATM by Art. 37; 4-14-2021 ATM by Art. 34]
(4)
All evergreens planted as replacement trees must be
a minimum of six feet in height and may include, without limitation,
pine, hemlock, spruce and fir. Low-growing evergreens shall not be
accepted as replacement trees.
[Added 4-4-2007 ATM by Art. 13]
D.
Trees not removed. Trees that are to be left on the
site must be protected as specified in Section VIIIB in the Tree Management
Manual.
[Added 4-4-2007 ATM by Art. 13; amended 4-5-2017 ATM by Art. 37]
E.
Failure to protect trees not removed. Trees left on
site must be protected; and if not done so as required by this bylaw,
the Tree Warden may impose the following:
[Added 4-4-2007 ATM by Art. 13]
(1)
The Town may undertake tree protection measures and
bill for any labor and material charges incurred.
(2)
The Town may require replacement plantings larger
than three inches in diameter to replace trees damaged during construction.
(3)
The Town may hire an arborist whose charges will be
billed to the owner/builder to ensure that trees left on the site
will survive and remain healthy.
F.
Upon removal of any tree of six-inch DBH or greater, the owner of the property on which the tree is located shall provide information to the Town regarding the removal of that tree and the reason for its removal. The owner shall also provide a plan identifying the location, species (if known), and DBH of any trees so removed, remaining trees six inches DBH or greater, and any trees planted as mitigation pursuant to§ 120-8C.
[Added 4-14-2021 ATM by Art. 33]
Provisions of this bylaw shall not apply to:
A.
Emergency projects necessary for public safety, health
and welfare as determined by the Director of Public Works or the Town
Manager;
B.
Trees that are hazardous as determined in writing
by the Tree Warden;
D.
Trees identified by the Commonwealth that pose a risk
of disease or insect infestation.
A.
Any person violating this bylaw is subject to the penalties under Chapter 1, § 1-6 of the General Bylaws, General Law Chapter 87 (for violations concerning public shade trees) and other legal enforcement action by the Town. The Tree Warden is authorized to enforce the provisions of Chapter 1 of the General Bylaws and of General Law Chapter 87. Any other legal enforcement action shall be determined by the Select Board in consultation with the Tree Committee, the Tree Warden and Town Counsel.
[Amended 3-27-2019 ATM by Art. 34]
B.
Each instance in which a Town tree or a protected tree is removed without a tree permit shall constitute an offense under this bylaw. When Town trees or protected trees have been removed without a permit, mitigation (as outlined in § 120-8C of this bylaw) and the payment of fines (as outlined in the Fine Schedule at the end of this bylaw[1]) shall be required.
[Amended 3-31-2004 ATM by Art. 34]
C.
If mitigation and the payment of fines are completed
in due time as determined by the Tree Warden, the project will be
approved. If not completed, then each day beyond the determined and
agreed upon completion date shall constitute a new and separate offense.
[Amended 3-31-2004 ATM by Art. 34]
[Amended 3-27-2019 ATM by Art. 34]
The Select Board may promulgate, after public
notice and hearing, rules and regulations to effectuate the purposes
and intent of this bylaw. Failure by the Select Board to promulgate
such rules and regulations shall not act to suspend or invalidate
the effect of this bylaw.
If any section, paragraph or part of this bylaw
is for any reason declared invalid or unconstitutional by any court,
every other section, paragraph and part shall continue in full force.
Nothing in this bylaw shall be construed to
restrict, amend, repeal, or otherwise limit the application or enforcement
of existing Town of Lexington bylaws or Commonwealth of Massachusetts
laws.
[Added 3-31-2004 ATM by Art. 34; amended 4-4-2005 ATM by Art.
16; 4-4-2007 ATM by Art. 13; 3-27-2019 ATM by Art. 34]
Collection of voluntary contributions under
this bylaw shall be deposited into the Lexington Tree Fund, provided
such fund is annually reauthorized, or otherwise to the surplus revenue
of the Town. The Tree Warden, with input from the Tree Committee,
will request use of these funds for tree planting, transplanting,
and other tree-related needs. The request to expend these funds will
be approved by the Select Board.
[Added 4-4-2007 ATM by Art. 13]
The Lexington Tree Management Manual will be
used as the standard for tree planting, maintenance and protection
in the Town.
[Added 4-5-2017 ATM by
Art. 37; amended 4-14-2021 ATM by Art. 34]
|
Replacement Inch Calculation Table
| ||
|---|---|---|
|
Level
|
Removed Tree
|
Replacement Inches
|
|
Level 1:
|
Less than 24" DBH; or a tree of any size to be removed in order
to comply with a condition, restriction or requirement of a local,
state, or federal permit
|
Same as inches removed
|
|
Level 2:
|
24" DBH and larger
|
4 times inches removed
|
