10/16/2023 ANNUAL TOWN MEETING - Laserfiche WebLink

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including, but not limited to, damaging, poisoning, excessive pruning or other direct or indirect actions. TREE BYLAW REVENUE ACCOUNT: An account established by the Town Accountant to deposit mitigation funds collected under this chapter to be appropriated via a town meeting vote and expended for the purposes of maintaining, acquiring and/or installing trees to beautify the Town and preserve and enhance the character of the community. TREE YARD: A defined area along the perimeter of a lot which is equal to the minimum setbacks defined in Section 175-31 of the Mashpee Zoning Bylaw. TREE PERMIT: Formal permission granted to proceed with any building activity that affects a Protected Tree(s). §175-3 APPLICABILITY All lots in the Town of Mashpee are subject to the Tree Preservation Bylaw unless specifically exempted under Section 175-3(A) below and the project involves at least one building activities as defined in this chapter: No person shall commence building activity on any lot without first obtaining a Tree Preservation Permit or a Certificate of Exemption from the Planning Department via the Town Planner or his/her designee. A. EXEMPTIONS (1) Properties that are pre-disturbed or previously developed may remove protected trees in the Tree Yard of their property without connection to a building activity. Applicability of this bylaw applies only to those Building Activities as defined. (2) Any lot or lots located within wetlands jurisdiction whereas any building activity that may impact protected trees will be subject to the review and approval of the Conservation Commission (3) Any building activity not within the definition of “building activity” (i.e., demolition of a shed that is less than 250 square feet). (4) If a Certificate of Exemption has been issued by the Planning Department, no Tree Preservation Permit shall be required. The granting of exemption shall be at the discretion of the Town Planner or his/her designee and shall be based on whether the building activity could potentially harm a Protected Tree. If the proposed building activity does not have the potential to harm a Protected Tree, the Town Planner or his/her designee shall issue a Certificate of Exemption. (5) Dead, Diseased, or otherwise hazardous Trees - If a Protected Tree is deemed to be imminently hazardous because it is dead, or infested with a disease or pest of a permanent nature or is an immediate danger to the public health, safety or welfare or shall cause an immediate disruption of public services, the tree may be removed without delay. An oral authorization from the Town Planner or his/her or designee to remove the tree shall be permitted and followed up with a written report. In the event that the emergency condition does not allow time to seek prior authorization then the emergency removal of 10