Town of Barnstable, MA
chevron_right
2023-07-20
info
chevron_right
The Code
chevron_right
Part I: General Ordinances
chevron_right
Chapter 221 Trees
chevron_right
Article IV Tree Removal and Replanting
- The Charter
- Ch C Charter
- The Code
- Part I: General Ordinances
- Ch 1 General Provisions
- Ch 9 Affordable Housing
- Ch 13 Airport
- Ch 17 Alarm Systems
- Ch 20 Alcoholic Beverages
- Ch 24 Animals
- Ch 32 Beaches and Waterways
- Ch 37 Boards, Committees and Commissions
- Ch 40 Boats
- Ch 43 Body-Piercing Businesses
- Ch 47 Building Construction
- Ch 51 Buildings, Numbering of
- Ch 54 Building and Premises Maintenance
- Ch 57 Cigarette Vending Machines
- Ch 59 Comprehensive Occupancy
- Ch 68 Electrical Standards
- Ch 76 Fees
- Ch 78 Fertilizer Nitrogen and Phosphorous Control
- Ch 80 Fire Lanes
- Ch 86 Funds
- Ch 89 Gambling
- Ch 93 Garage and Barn Sales
- Ch 96 Gas Piping and Appliances
- Ch 100 Handbills
- Ch 104 Handicapped Parking
- Ch 108 Hazardous Materials
- Ch 112 Historic Properties
- Ch 115 Hours of Operation of Businesses
- Ch 121 Licensing
- Ch 125 Loitering
- Ch 128 Motorized Conveyances
- Ch 130 Newsracks
- Ch 133 Noise
- Ch 138 Officers and Employees
- Ch 141 Outdoor Businesses
- Ch 147 Peace and Good Order
- Ch 150 Peddling and Hawking
- Ch 160 Problem Properties, Chronic
- Ch 162 Public Hearings
- Ch 166 Raffles and Bazaars
- Ch 168 Regulatory Agreements
- Ch 170 Rental Properties
- Ch 173 Roller-Skating and Skateboarding
- Ch 177 Sandy Neck
- Ch 180 Scenic Roads
- Ch 183 Senior Citizen Property Tax Work-Off Abatement Program
- Ch 184 Sewers and Water
- Ch 188 Shellfisheries
- Ch 192 Signs
- Ch 195 Single-Use Plastic Carry-Out Bags
- Ch 198 Soil, Sand and Gravel Pits
- Ch 202 Solid Waste
- Ch 206 Streets and Sidewalks
- Ch 208 Substance Controls
- Ch 210 Swimming Pools
- Ch 217 Tourist Camps
- Ch 220 Town Council
- Ch 221 Trees
- Ch 221 Art IV Tree Removal and Replanting
- § 221-18 Tree removal permits required.
- § 221-19 Replacement of Town trees.
- Ch 224 Vacant and Foreclosing Properties
- Ch 228 Vehicles and Boats, Storage of
- Ch 232 Wastewater Discharge
- Ch 237 Wetlands Protection
- Ch 240 Zoning
- Part II: Appendix to the General Ordinances
- Ch 241 Administrative Code
- Ch 242 Personnel
- Part III: Board of Health Regulations
- Ch 307 Body Art Establishments
- Ch 318 Fee Schedule
- Ch 322 Food Establishments
- Ch 326 Fuel and Chemical Storage Tanks
- Ch 332 Herbicides
- Ch 335 Housing
- Ch 346 Massage Establishments
- Ch 353 Nuisances
- Ch 360 On-Site Sewage Disposal Systems
- Ch 365 Sale of Tobacco Products, Restricting the
- Ch 371 Smoking
- Ch 373 Solid Waste
- Ch 376 Stables
- Ch 378 Swimming Pools
- Ch 381 Toxic and Hazardous Materials
- Ch 385 Variance Requests
- Ch 392 Waterfowl
- Ch 397 Wells
- Part IV: Town Manager Regulations
- Ch 401 Administrative Procedures
- Ch 401A Bathing Beaches
- Ch 402 Cemeteries
- Ch 403 Dog Control
- Ch 404 Excavations
- Ch 404A Fees
- Ch 405 Marinas
- Ch 406 Mooring
- Ch 406A Open Air Private Parking Lots
- Ch 406B Pedicabs and Pedicab Operators
- Ch 407 Shellfish
- Ch 408 Roller Skates and Skateboards
- Ch 430 Vessels on Town Property
- Part V: Licensing Authority Rules and Regulations
- Ch 501 General Rules for All Licensed Businesses
- Ch 502 Alcoholic Beverages
- Ch 503 Entertainment
- Ch 504 Common Victuallers
- Ch 505 Innholders/Hotels
- Ch 506 Lodging, Bed-And-Breakfast, and Guesthouse Licenses
- Ch 507 Nonintoxicating Beverages
- Ch 508 Secondhand/Junk Dealers
- Ch 509 Automobile Sales
- Ch 510 Fortune Tellers
- Part VI: Marine and Environmental Affairs Division Regulations
- Ch 601 Sandy Neck Beach Park
- Part VII: Conservation Commission Regulations
- Ch 701 Property Use Violations
- Ch 702 Shooting Range
- Ch 703 Private Docks and Piers
- Ch 704 Wetlands Buffer Zone Activity
- Ch 705 Coastal Banks
- Ch 706 Abutter Notification
- Ch 707 Submission Requirements for Notice of Intent Applications
- Ch 708 Outside Consultants
- Ch 709 Noncriminal Disposition of Wetlands Violations
- Ch 710 Requests for Determination of Applicability
- Ch 711 Shore Outhauls
- Part VIII: Planning Board Regulations
- Ch 801 Subdivision Regulations
- Part IX: Department of Public Works Regulations
- Ch 901 Sewers Connections
- Ch 902 Hyannis Water System
- Derivation Table
- Ch DT Derivation Table
- Disposition List
- Ch DL Disposition List
A valid work permit shall be obtained from the Tree Warden for removal of any Town tree, except that approval of the Conservation Commission shall be required on conservation lands. Tree removal is subject to approval including but not limited to the Tree Warden acting pursuant to MGL Ch. 87; the Planning Board along designated scenic roads pursuant to MGL Ch. 40, § 15C, and Chapter 180, Scenic Roads, of the Code of the Town of Barnstable, and the Old Kings Highway along Route 6A pursuant to MGL Ch 61. In addition, tree removal may be subject to the Old Kings Highway Regional District pursuant to MGL Ch. 470 of the Acts of 1973, as amended, or any local Historic District, pursuant to MGL Ch. 40C, as amended. The forgoing list is intended to be for convenience only and does not purport to be exhaustive; this section shall not be construed as an exemption from or a relaxation of any applicable requirements of law.
A.
Town trees to be removed shall be replaced, subject to approval of a plan detailing the species and location, by the entities with jurisdiction listed in § 221-18 above. In the event that the tree replacement plan is in dispute, the following methods for assessing replacement shall apply:
(1)
The value of a public tree being removed shall be assessed by the Tree Warden based upon standards in the industry, and the costs assessed to the applicant. Such costs shall be placed in an account dedicated to the replacement planting of trees along the Town's roadways. In evaluating tree value, the applicant for tree removal may submit information based upon the Council of Tree and Landscape Appraisers, trunk formula method, or other nationally recognized methodology. Alternatively, the approving entities listed in § 221-18 above may require the replanting of street trees of equivalent value to the tree being removed.
(2)
Where a Town tree is being removed for safety reasons
and the value of the tree being removed has been reduced by previous damage
or trimming, the tree shall be replaced with a minimum of two street trees,
or the value thereof placed into an account dedicated to tree replacement.
(3)
Any planned program of tree removal shall be subject to a tree replacement program, specifying the numbers, location, type and size of trees to be installed, and a maintenance program. Where a general area program of Town tree removal is planned, the approving entities listed in § 221-18 above may require implementation of the tree replacement program at least three growing seasons prior to commencement of the tree removal program.
B.
All replacement trees shall have a minimum caliper of
three inches, unless a lesser caliper is approved for a smaller size class.
C.
Abutting property owners may plant street trees within
the road layout, provided that the Tree Warden grants approval and that the
selection and location of said trees are in accordance with the provisions
of this chapter.
