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POR 2016 #174 · Agenda item attachment · Jun 20 2016
That the Health & Environment Committee hold a public hearing to discuss the City’s Tree Ordinance and possible ways to improve this ordinance to protect our tree canopy while protecting individual property rights
City of Cambridge
O-2
ORIGINAL ORDER
IN CITY COUNCIL
June 20, 2016
COUNCILLOR DEVEREUX
COUNCILLOR CARLONE
WHEREAS:
Trees provide significant benefits to the community, including improving air quality,
conserving energy, providing shade, mitigating noise pollution, offering habitats for
birds and other wildlife, reducing storm runoff, increasing real property values and
beautifying neighborhoods; and
WHEREAS:
Climate change has underscored the necessity for densely populated urban areas like
Cambridge to maintain a robust tree canopy while heightening the public’s concern
over the many challenges facing urban trees; and
WHEREAS:
The majority of the City’s trees are located on private property, yet their presence
benefits the entire community, not only the property owner; and
WHEREAS:
The City of Cambridge’s Tree Protection Ordinance, Chapter 8.66 of the Cambridge
Municipal Code, states that the “preservation of existing trees and the promotion of
new tree planting is a public purpose that protects the public health, welfare,
environment and aesthetics of the City of Cambridge and its citizens”; and
WHEREAS:
Chapter 8.66.50 of the Tree Protection Ordinance requires that large projects requiring
a special permit must complete a Tree Study, and if there is a Significant Tree (a tree
measuring more than eight inches in Diameter at Breast Height) to be removed, the
owner must either plant a Replacement Tree(s) on the same lot, ensuring that the total
DBH of the Replacement Tree(s) is equal to the total being removed, or pay the cost of
Replacement Tree(s) and associated maintenance costs into the City’s Tree
Replacement Fund; and
WHEREAS:
The Tree Protection Ordinance offers no mechanism for valuing the community
benefits of Significant Trees on private property that may be removed outside of the
special permit process; and
WHEREAS:
Many municipalities nationwide (including Wellesley, MA) have adopted regulations
to protect trees on private property, either requiring owners who wish to remove a
significant tree on private property the option to replant or pay into a tree replacement
fund or requiring a permit to remove any significant tree on private property; now
therefore be it
ORDERED:
That the City Manager be and hereby is requested to confer with the City Arborist, the
Department of Public Works, and all other appropriate City departments to suggest
reasonable and feasible updates to the Tree Protection Ordinance to provide broader
protections for trees on private property; such measures could include requiring owners
who remove trees to plant Replacement Trees or pay into the Tree Replacement Fund
and/or requiring a permit to cut down a tree on private property; and be it further
ORDERED:
That amount of the required payment into the Tree Replacement Fund be reviewed in
light of the increased costs to the City of planting, watering and maintaining new trees;
and be it further
ORDERED:
That the City Manager be and hereby is requested to report back on this matter and on
other efforts to plant and protect trees at a public hearing of the Health and
Environment Committee to be scheduled in the early fall of 2016.