Title
Be it ordained by the Malden City Council that the Code of the City of Malden (MCC) 11.16 PUBLIC SHADE TREES is hereby modified by amending sections 11.16.010, 11.16.020, 11.16.030, 11.16.040, 11.16.050 and adding new section 11.16.060
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Delete 11.16.010, Tree Board and Community Forestry Program in its entirety and replace it with the following:
11.16.010 Tree Warden and Urban Forestry
A. Public Shade Trees are protected by M.G.L. c. 87 and are under the jurisdiction, care and control of the City of Malden’s Tree Warden.
B. The Tree Warden shall enact rules and regulations for planting, pruning, excavation work and for the care of all public shade trees by the city, contractors and adjacent property owners.
C. Pruning for public passage consists of selective pruning of City Trees conducted in such a manner as to prevent branch and foliage interference with safe public passage, as may be determined by the Tree Warden in consultation with the Department of Public Works.
D. The Tree Warden continually develops and updates a plan for the urban forestry program and shall present it to the mayor’s office annually. The plan should provide for the care, preservation, pruning, planting, replanting and removal of public shade trees as defined by M.G.L. c. 87 which includes trees and shrubs along the public right of way, public buildings, city owned land and parks collectively known as public shade trees.
E. The Tree Warden shall administer the urban forestry program and shall establish and lead a tree steward group.
F. The Tree Warden may at any time make regulations for the care and preservation of public shade trees and establish fines and forfeitures as defined in M.G.L. c. 87, Section 2.
G. The Tree Warden shall be appointed by the mayor for a term of 3 years, with confirmation from the City Council. The Tree Warden may appoint and remove deputy tree wardens and may receive such compensation as the city determines.
Delete 11.16.020, Limitation on Species of Public Trees in its entirety and replace it with the following:
11.16.020 Species of Public Shade Trees
A. No species of tree shall be planted as public shade trees that do not conform with the cities Tree Management and Guideline book without written permission from the Tree Warden.
B. Planting(s) for municipal projects, including betterments, sidewalk improvements, street construction, park improvements and construction of all municipal buildings and facilities as well as projects needing special permits shall be coordinated with the Tree Warden. They shall be given an opportunity to recommend the number and species of trees for those projects when they go out to bid. They shall consider current and future environmental conditions and the current composition of the City's tree inventory, favoring certain climate-resilient species and disqualifying others (such as those susceptible to invasive insects, anthracnose, and blights).
Delete 11.16.030, Location and Placement of Public Shade Trees by Size in its entirety and replace it with the following:
11.16.030 Location and Placement of Public Shade Trees
A. No public shade tree shall be planted within 15 feet of a fire hydrant.
B. No public shade tree shall be planted in conflict with gas or water services.
C. Tree size and species shall be approved by the Tree Warden for all locations using “Right Tree’ Right Place” planning strategy and in accordance with the City of Malden’s Tree list and planting guidelines.
Delete 11.16.040, Care of Public Shade Trees in its entirety and replace it with the following:
11.16.040 Care of Public Shade Trees
A. The Tree Warden shall plant, prune, maintain and remove any public shade tree to ensure public safety.
B. The Tree Warden may remove any public shade tree or any part of such tree without a public shade tree hearing which he considers unsafe, in conflict with any utilities, invasive or is affected with any disease or pest that poses a safety hazard or threatens other trees withing the city.
C. All public shade trees shall be pruned according to federal standards and specifications found in the American National Standards Institute (ANSI) A300 Tree Care Standards.
D. When a tree is removed the stump should be removed completely and a replacement scheduled for the future.
Delete 11.16.050, Injury to Public Shade Trees Prohibited: Permit Required For Pruning or Planting of Public Shade Trees; Penalties for Violation in its entirety and replace it with the following:
11.16.050 Trench permits, trimming, excavation, and public shade tree hearings.
Section 1: Trench Permit Requirements for work within 50’ of a Public Shade Tree
A. A tree plan is required showing the location, species, size DBH (diameter at breast height) and condition of each public shade tree as defined by M.G.L. c. 87. Such plan shall indicate which public shade tree(s) will be impacted by trimming, removal, root disturbance or other construction activities.
B. A site plan is required showing the location of existing and proposed underground or overhead utility services, existing and proposed roadways, driveways, sidewalks, bikeways, walkways, public spaces and parking areas in relation to the public shade tree(s).
C. Any proposed grade changes which might adversely affect or endanger any public shade tree(s) shall require guidelines prepared by the Tree Warden explaining how each Public Shade Tree(s) shall be protected and maintained during and after construction activities.
D. If the affected public shade tree(s) are to remain during construction, the Tree Warden will issue documentation proposing a method of protecting the public shade tree(s) during the course of the construction. Such proposal shall be in accordance with the City of Malden’s Tree List and Planting Guidelines and shall be approved by the Tree Warden prior to construction activities beginning.
Section 2: Trimming of Public Shade Tree(s)
Any trimming of a public shade tree(s) shall be completed under the supervision and instruction of the Tree Warden and shall require a permit issued by the Tree Warden.
Section 3: Excavation requiring root pruning or air spading of Public Shade Tree(s)
The City’s Tree Warden shall determine if root pruning or air spading of existing Public Shade Tree(s) will be required based on the area of excavation.
Section 4: Public Shade Tree Hearings
A public shade tree hearing is triggered whenever a proposed action involves cutting, trimming, or removing a public shade tree (generally defined as any tree within a public right-of-way, on city land, or with roots/branches extending into a public way that is larger than 1.5 inches). Public Shade Tree actions that are subject to a Public Shade Tree Hearing pursuant to M.G.L. c. 87 include, but are not limited to:
A. Excavation or installation projects involving underground pipes, wires, or public works upgrades where the tree conflicts with the work.
B. A property owner or resident requests the removal of a healthy tree.
C. Clearing space for driveways, new building construction, or site access.
D. If the tree stands on a designated scenic road, any cutting or removal for maintenance, paving, or reconstruction
11.16.060 Injury to Public Shade Trees, Permits, Planting and Penalties.
A. No person, without a permit from the Tree Warden shall cut, plant, prune, break, injure or remove any public shade tree.
B. Any person who wishes to prune a City Tree shall submit a formal request in writing to the Tree Warden which includes the tree species, tree size (in DBH), and reason for pruning. All pruning work shall either be completed by or overseen by a Certified Arborist using ANSI A300 standards at the instruction of the Tree Warden, unless such requirement is waived by the Tree Warden. The Tree Warden reserves the right to deny pruning requests or include conditions with a permit. A fee may be required, and all costs shall be borne by the applicant. No pruning work shall begin on City Trees without a permit from the Tree Warden. Violations of this section can result in fines and penalties of up to $500. and any additional costs for mitigation as deemed by the Tree Warden as per regulations set forth.
C. No person shall be allowed to plant a tree on public property without a written permit issued by the Tree Warden. Any Person seeking to plant a tree on public land must apply for a permit by completing the Permission to Plant a Tree in Public Way form and submitting it to the Tree Warden. The Tree Warden shall evaluate the request and will either deny the planting or approve the planting and issue a planting permit. Any person permitted to plant a tree on City-owned land shall abide by the Malden Tree Planting Guidelines. The tree will become a public shade tree under the care and control of the Tree Warden once planted and is regulated by M.G.L. c. 87 and this ordinance. No planting shall be authorized without a permit with conditions issued by the Tree Warden. The Tree Warden will not plant a tree in a location where the Tree Warden determines it may not survive.
D. No person shall cut, disturb or interfere with the roots of a public shade tree which includes covering, tree boxes, fencing or garden beds.
E. No person shall intentionally harm a public shade tree by use of substances or chemicals.
F. No person shall may alter or deface a tree by use of rope, signs, posters, nails or other fixtures.
G. No person or entity without a written permit from the tree warden attach any utility with or anchoring wire.
H. Violations to any of the provisions or regulations set forth by the Tree Warden may be punished by a fine of $500 for each offense every 24 hours during which the violation exists. Additional fines above $500 will also be issued which will reflect tree replacement, stump removal, sidewalk replacement and environmental value per the Tree Warden’s regulations.