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The Board shall care for, maintain and, when necessary, replace all flag poles now or hereafter erected, and shall erect such other flag poles as may be hereafter provided for, on the Common, Public Garden, parks, playgrounds, golf courses, cemeteries, public grounds, public squares and other public places controlled by the city, except public buildings, and shall provide the necessary flags therefor and display them thereon in accordance with Section 1-3.
(Ord. 1953 c. 4 § 2; Rev. Ord. 1961 c. 19 § 5; CBC 1975 Ord. T7 § 104; CBC 1985 7-4.5)
The Board shall have the charge and control of the selection of public music to be given for parades, concerts, public celebrations and other purposes under appropriations of the Boston City Council, and shall designate the persons to furnish the same.
(Ord. 1954 c. 2 § 39; Rev. Ord. 1961 c. 19 § 6; CBC 1975 Ord. T7 § 105; CBC 1985 7-4.6)
(A) Purpose. This Subsection is intended to protect existing tree canopy and replace lost tree canopy in the city, especially in environmental justice communities where tree canopy is limited in the city.
(B) Applicability. The terms and provisions of this Subsection shall apply to public shade trees and city property trees.
(C) Definitions. For the purpose of this Subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CALIPER. A measurement of the tree trunk diameter at 12 inches above the ground.
CAPITAL IMPROVEMENT PROJECT. A project funded through a non-recurring expenditure that generally meets all of the following criteria: applicability of M.G.L. Chapter 44, Sections 7 and 8 whereby the city may issue bonds to finance the expenditure, the expenditure is for a facility or object or asset costing $50,000 or more, and the facility will have a projected useful life of ten years or more.
CERTIFIED ARBORIST. An arborist certified by the Massachusetts Arborists’ Association (“MAA”) or the International Society of Arboriculture (“ISA”), or any successor of either organization.
CITY PROPERTY TREE. A tree located on property owned by the city, including trees in city parks, trees on land under the ownership or jurisdiction of the Boston Water and Sewer Commission, the Boston Housing Authority, Boston Public Schools or the Boston Redevelopment Authority d/b/a the Boston Planning and Development Agency and any of their successors, and trees on the grounds of other city buildings. CITY PROPERTY TREES do not include public shade trees, as defined by M.G.L. Chapter 87, Section 1, which are governed under M.G.L. Chapter 87, trees that are located on city owned properties subject to a ground lease held by a non-city entity other than the Boston Housing Authority, or trees on the grounds of buildings leased by the city over which the city has authority under the terms of the lease.
COMMISSION. The Parks and Recreation Commission.
COMMISSIONER. The Commissioner of the Parks and Recreation Department.
CRITICAL ROOT ZONE (“CRZ”). An area equal to 1-foot radius from the base of the tree’s trunk for each 1 inch of the tree’s diameter at 4½ feet above grade.
DIAMETER AT BREAST HEIGHT (“DBH”). The diameter of a tree trunk measured in inches at a height of 4½ feet above the ground. For multiple trunk trees, DBH is the aggregate diameter of the trunks.
DEPARTMENT. The Parks and Recreation Department.
INVASIVE PLANT. A plant that is both non-native and able to establish on many sites, grow quickly and spread to the point of disrupting plant communities or ecosystems, including, but not limited to, the trees listed on the commonwealth’s prohibited plant list.
PUBLIC SHADE TREE. A tree located in the public way, as defined in M.G.L. Chapter 87, Section 1.
REMOVAL. The intentional cutting down of any tree, including all other acts which cause actual or effective removal through damaging, poisoning or other direct or indirect actions that result in the death of the tree. This includes, but is not limited to, excessive pruning and damage to a tree’s root system.
URBAN FOREST PLAN. The plan published in September 2022 by the Parks and Recreation Department for the purpose of preserving and growing the city’s urban tree canopy or any successor plan.
(D) Authority of the Commissioner. The Commissioner of Parks and Recreation shall have the care and superintendence of all trees, plants and shrubs belonging to the city; shall trim all shade trees standing in the street so that they shall not interfere with public travel; shall carry out all orders of the Commissioner of Public Works made after public notice and hearing to remove trees standing in the street; shall, upon request of the Officer having charge of the public lamps, trim in such manner as said Officer may require any tree which interferes with the proper lighting of a street; shall cause all statutes and ordinances for the protection of trees, shrubs and flowers in the public grounds and streets to be strictly observed. The Commissioner, or his or her designee, shall be deemed to be the official having charge of shade trees within the meaning of M.G.L. Chapter 87, Section 13 and may, at his or her discretion, issue regulations and policies relevant to the implementation of M.G.L. Chapter 87.
(E) Tree Warden. The Tree Warden shall be an employee of the city, under the direction of the Department and designated by the Commissioner.
(1) The Tree Warden shall be qualified for the role as defined in M.G.L. Chapter 41, Section 106, and shall be a certified arborist in possession of the ISA Tree Risk Assessment Qualification (“ISA TRAQ”) and a commonwealth pesticide license, or any successor of either certification or licensing program.
(2) Notwithstanding anything to the contrary in this Subsection, the Commissioner may designate the Tree Warden as the official having charge of public shade trees within the meaning of M.G.L. Chapter 87. In addition to the powers prescribed in M.G.L. Chapter 87, the duties and responsibilities of the Tree Warden as designated by the Commissioner shall include, but not be limited to, the following:
(a) Posting notices and holding public hearings as needed for the removal of city property trees as required by this Subsection;
(b) Granting, denying and/or attaching reasonable conditions to all permits and approvals required under this Subsection;
(c) Maintaining and publishing a quarterly record of all written requests to remove public shade trees submitted to and decisions made by the Tree Warden under M.G.L. Chapter 87, Section 2 and this Subsection, and all removals carried out without a hearing being required by this Section, as well as all enforcement actions. Such quarterly and annual reports shall be completed and publicly posted not more than 30 calendar days after the end of each calendar quarter and calendar year; and
(d) Enforcing this Subsection.
(3) The Tree Warden shall have the authority to remove trees or any part of trees that are dead, dying, diseased or posing a risk to persons and/or property, or if determined to be an invasive tree species, or for the suppression of pests in accordance with M.G.L. Chapter 87, Section 5 and as designated by the Commissioner. The Tree Warden’s determination to remove such trees shall be made in accordance with the ANSI A300 Standard and best management practices.
(F) Protection of public shade trees. No public shade tree shall be cut, trimmed or removed unless the removal is approved in accordance with M.G.L. Chapter 87 and this Subsection.
(1) Any person wishing to remove a public shade tree shall first submit a written request in the manner prescribed by the Department and obtain written approval, from the Tree Warden in accordance with M.G.L. Chapter 87.
(2) In reviewing any written request to cut, trim or remove a public shade tree, the Tree Warden shall consider tree health and size, current growing conditions, proposed growing conditions of replacement trees, alternative design or construction options and viability of tree survival after any proposed construction is completed, in addition to public input pursuant to M.G.L. Chapter 87 and any further criteria adopted in accordance with Subsection 7-XX.11. Natural ecosystem functions of trees shall generally not provide a basis for approval of a proposed removal.
(3) The Tree Warden may set conditions for any approved tree removal such as use of a certified arborist or other qualified contractor; measures to prevent damage to surrounding curbs, sidewalks and parkways; or requirements for site clean-up and restoration.
(4) Any healthy public shade tree removed at the request of a property owner or agent thereof and approved pursuant to M.G.L. Chapter 87, Section 3 must be replaced as required by M.G.L. Chapter 87 and this section. Removed public shade trees may be replaced with other trees or with the replacement value of the public shade trees if replacement is not feasible. This Section shall not apply to trees that require removal, as determined by the Tree Warden, due to being dead, dying, diseased or posing a risk to persons and/or property; determined to be an invasive tree species; or for the suppression of pests.
(a) Replacement trees must be located at or near the location from which the tree was removed, and in no case shall trees planted in a different neighborhood qualify as replacements. The replacement trees must be approved by the Tree Warden in accordance with M.G.L. Chapter 87, Section 7 and any other standards for size, species and planting as may be established by the Department. Replacement trees shall be planted on a schedule as may be stipulated in a permit for removal and must be warrantied and maintained by the applicant for two years, or a longer period if the Tree Warden deems it consistent with best management practices, before the replacement trees will be accepted in the city’s street tree inventory.
(b) If replacement is not feasible based on the assessment of the Tree Warden, the applicant shall pay a replacement fee equal to $550 per caliper inch (“DBH”). The Department shall review and revise as necessary the replacement fee every three years to be commensurate with the current costs of street tree plantings. If replacement becomes feasible after a replacement fee has been paid, the applicant shall be reimbursed based on the diameter of the replacement tree at the time of planting. Any replacement tree shall be subject to the warranty and maintenance provisions in Subsection 7-15.7(A). Fees shall be directed to the Fund for Parks and Recreation or any successor fund.
(G) Protection of city property trees. This Section shall apply exclusively to city property trees, as defined in division (C) above. Nothing in this Section shall be construed to apply to public shade trees.
(1) Except as provided in division (G)(2) below, no person or entity, including the Tree Warden and his or her deputies, shall cut, trim or remove any city property tree without an opportunity for public comment at a duly noticed and advertised public meeting or hearing. Eligible public meetings and hearings shall include:
(a) For city capital improvement projects and non-city projects that propose removal of city property trees, any project-related noticed public meeting or hearing; provided that:
1. An initial tree survey was performed, including a conditions assessment performed by a certified arborist, and such survey and assessment are available for public review. The tree survey shall include tree size, location and species of all trees three inches or greater in DBH, and shall be submitted to the Tree Warden for review. Where available, a publicly procured tree survey shall be the survey of reference for any discussion related to a capital improvement project;
2. All public meetings at which removal of city property trees is discussed were duly noticed and advertised. Such advertisement shall include posting a notice on or around any city property trees proposed to be removed at least one week before the public meeting; and
3. The public was provided a reasonable opportunity to provide input at public meetings and/or beforehand in writing regarding tree(s) to be cut down or removed.
(b) For any project that proposes removal of city property trees 3 inches or greater in DBH that is not otherwise subject to a public meeting or hearing, a public hearing shall be held by the Tree Warden. Notice will be provided in the same manner as for public shade trees, in accordance with M.G.L. Chapter 87, Section 3, and include a brief statement of the reason for the proposed action. Abutters located within 300 feet of the parcel where a given city property tree is located may appeal decisions of the Tree Warden to the Commission within 30 calendar days.
(2) No public hearing shall be necessary prior to:
(a) The removal by the Tree Warden, or his or her designee, of city property trees measuring less than 3 inches in DBH 1 foot from the ground;
(b) The removal of any city property tree or any part of any city property tree that:
1. Is dead, dying or diseased;
2. Poses a risk or hazard to persons and/or property;
3. Is determined to be an invasive tree species; or
4. Is necessary for the suppression of pests.
(c) Any removal pursuant to this division (G)(2) shall be based on the determination of the Tree Warden or of a certified arborist in the employ of the city in accordance with the ANSI A300 Standard and best management practices.
(d) In the case of an emergency, such a determination shall not be required if the delay would endanger public safety, services or property.
(3) Any removal of a city property tree shall be reported to the Department which may, at its discretion, also request copies of assessments by certified arborists created pursuant to division (G)(2) above.
(4) For projects that involve removal of city property trees, a certified arborist shall be employed by the project contractor to review and oversee tree protection and adjacent excavation within a development area, including development of a Tree Protection Plan. Such a plan shall be in compliance with any standards set by the Department and submitted to the Tree Warden for review. If site conditions result in the need to remove any city property trees in addition to any trees discussed in public meetings, the proposed removal will be brought to the Tree Warden for review and determination.
(H) Work affecting critical root zones. Regardless of whether a project undertaken by the city or a private party would result in removal of public shade trees or city property trees, any work within the CRZ, including, but not limited to, excavation and construction work, shall comply with standards developed jointly by the Department, the Boston Public Works Department and the Boston Transportation Department and issued by the Department and/or Tree Warden. Such standards shall be designed to safeguard CRZs so as to protect the long-term health and safety of public shade trees, city property trees and the public and surrounding buildings. Except in an emergency, such standards shall apply to any city work in a CRZ and compliance with such standards shall be a condition in permits issued by the city for excavation, construction or other work in a CRZ. Such standards may consider complete or partial exemptions for limited work such as milling of roadways and sidewalk maintenance.
(I) Open spaces managed for botanical, arboretum or conservation purposes. The Arnold Arboretum shall remain exempt from all provisions of this Subsection during such times as the December 20, 1883 indenture remains in force between the city and the President and Fellows of Harvard College concerning the use of the Arnold Arboretum as a public park. The Boston Public Garden and properties maintained for natural conservation purposes, such as urban wilds, shall also remain exempt from all provisions of this Subsection.
(J) Policies and regulations. The Department may adopt policies and standards as necessary to implement this Subsection and make recommendations for regulations as may be further necessary to implement this Subsection to the Commission, pursuant to Subsection 7-4.8.
(K) Urban Forestry Advisory Committee. The Commissioner shall convene an Urban Forestry Advisory Committee solely for the purpose of advising the Commissioner with regards to implementation of the Urban Forest Plan. The Advisory Committee’s purview shall be limited to implementation of the Urban Forest Plan and exclude matters related to specific removals or implementation of M.G.L. Chapter 87. The Advisory Committee shall have at least seven members. All members of the Advisory Committee shall be appointed by the Commissioner. The Advisory Committee shall be staffed by the Department. The Commissioner shall prioritize participation from residents from historically marginalized or under-canopied neighborhoods and invite participation from residents between the ages of 14 and 17. The Commissioner may establish subcommittees, working groups or any other forms of subordinate organization of the Advisory Committee as may be necessary and useful to carry out its advisory functions. The Advisory Committee shall be convened within the first six months following the adoption of this Subsection and shall present an annual report of its activities to the Commission.
(Ord. 1954 c. 2 § 39; Ord. 1964 c. 3; Rev. Ord. 1961 (Sup. 1971) c. 19 § 7; CBC 1975 Ord. T7 § 106; CBC 1985 7-4.7; Ord. 2023 c. 14)
The Parks and Recreation Commission shall have the powers and duties conferred or imposed by M.G.L. Chapter 45, Section 5 on Boards of Park Commissioners of cities in the commonwealth and by Section 3 of Chapter 185 of the Acts of 1875 on the Board of Park Commissioners created by said Chapter 185 to make rules and regulations for the government and use of the parks as defined in M.G.L. Chapter 45, Section 1 of the parkways, playgrounds, streets, structures and other premises under its charge, and to fix penalties for breaches of such rules and regulations. Upon recommendation of the Department, pursuant to the authority granted to it in M.G.L. Chapter 45, Section 5, the Commission may adopt regulations as may be necessary to implement Subsection 7-4.7 following a 30 calendar day public comment period.
(Ord. 1912 c. 10 § 8; Ord. 1969 c. 3; Rev. Ord. 1961 (Sup. 1971) c. 19 § 8; CBC 1975 Ord. T7 § 107; CBC 1985 7-4.8; Ord. 2023 c. 14)
Cross-reference:
M.G.L. Chapter 45, Sections 1, 5; St. 1875 c. 185 § 3
The Board shall set aside and suitably designate seats on the Common and Public Garden during the months of June, July, August and September of each year for the exclusive use of women and of children under the age of 12 years.
(Rev. Ord. 1961 c. 19 § 9; CBC 1975 Ord. T7 § 108; CBC 1985 7-4.9)
No building or structure or any part thereof hereafter erected or altered on land which abuts on and has an entrance into and is within a distance of 100 feet from the following: The Fens (excepting Charlesgate East and Charlesgate West from a point 100 feet north from their intersection with Commonwealth Avenue to Charles River); Riverway, including Park Drive, from Brookline Avenue to Beacon Street; Commonwealth Avenue, from Arlington Street to a line drawn parallel to and 130 feet west of Charlesgate West, and from a line parallel to and 135 feet south of the southerly line of Mt. Hood Road, as extended across Commonwealth Avenue, to the Newton line; Jamaicaway; Olmsted Park; Arborway; Columbia Road on the southerly side from Sumner Street to Dorchester Avenue, and from Buttonwood Street to Marine Park, and on the northerly side from Boston Street to Dorchester Avenue, and from Buttonwood Street to Marine Park, South Boston; shall be used for a livery or public stable or public garage, or for any mechanical, mercantile or manufacturing purposes, nor, excepting churches and chapels, shall the extreme height of said buildings or structures exceed 70 feet from the mean grade of the edgestone or sidewalk on the front facing said parkway, exclusive of such steeples, towers, domes, cornices, parapets, balustrades, sculptured ornaments, chimneys and roofs as the Parks and Recreation Commission shall approve; and no roof on any of the aforementioned buildings shall be used for laundry or clothes-drying purposes; provided, however, that the provision restricting the extreme height of buildings to 70 feet from the mean grade of the edgestone or sidewalk shall not apply to buildings or structures or any part thereof now being or hereafter erected or altered on the lot of land on Commonwealth Avenue known and numbered as 2000 Commonwealth Avenue; and provided also that as to the lot of land to the southwest corner of Commonwealth Avenue and Massachusetts Avenue the prohibition of the use of building for mercantile purposes shall apply only to so much of any building erected thereon as lies within 50 feet of the southerly line of Commonwealth Avenue; and provided further, however, that the prohibition of the use of building for mercantile purposes shall not apply to the lot of land on Ipswich Street bounded by and making the northwest corner of Charlesgate West and Boylston Street; provided further, however, that the prohibition of the use of any said buildings and structures for a public garage and the restriction on the extreme height of said buildings or structures to 70 feet shall not apply to the lot or land bounded by the Riverway, Francis Street and Brookline Avenue; and provided further, however, that for a distance of 100 feet running westerly along Commonwealth Avenue from the northwesterly and southwesterly corners of Commonwealth Avenue where it intersects with Arlington Street, Berkeley Street, Clarendon Street and Dartmouth Street and for a further distance of 47 feet running westerly along the southerly side of Commonwealth Avenue from the line which is 100 feet westerly of the southwesterly corner of Commonwealth Avenue where it intersects with Arlington Street, for a total distance of 147 feet from such corner, the following provisions shall apply, anything hereinbefore contained in this Section to the contrary notwithstanding.
(A) Buildings on the corners at the Arlington Street intersection may be built to a height not exceeding 285 feet to the top of the parapet or cornice line and buildings on the northwesterly and southwesterly corners at the Berkeley, Clarendon and Dartmouth Street intersections may be built to a height not exceeding 200 feet to the top of the parapet or cornice line.
(B) Any building or portion of a building attached to or appurtenant to a building erected or altered to a height in excess of 70 feet on any of the aforementioned eight corners shall be built to a height not less than 50 feet.
(C) Steeples, towers, domes, balustrades, sculptured ornaments, chimneys, roofs, aerials, antennae, elevator and mechanical penthouses, water tanks, monitors or other structures normally built above the roof and not devoted to human occupancy shall not be included in the computation of height of buildings for purposes of divisions (A) and (B) above.
(D) The prohibition of use for mercantile purposes hereinbefore contained in this Section shall not apply so as to prohibit in an apartment or apartment hotel building such accessory uses as newsstand, barber shop, dining room and similar services provided they are entered solely from within the building and no signs advertising such accessory uses shall be visible on the exterior of such building.
(E) No building or structure shall hereafter be erected or altered on any of the aforementioned eight corners without prior written approval by the Boston Redevelopment Authority of the exterior design of such building or structure. The Authority’s review of such exterior design shall be concerned with such matters as the exterior facade, exterior materials, signs, the location of roof top structures described in division (C) above, building mass and its placement on the site, the relation of the building to architectural characteristics of Commonwealth Avenue and the Back Bay, and adequacy of vehicular ingress and egress, if any. The purpose of this division (E) is to ensure that new buildings shall, without limiting the dimensions and building volume permitted herein and under applicable zoning regulations, be of outstanding architectural character and harmonious with Commonwealth Avenue and the Back Bay area.
(Ord. 1923 c. 8; Ord. 1941 c.1; Ord. 1945 c. 13; Ord. 1953 c. 6 § 1; Ord. 1954 c. 2 § 80; Ord. 1961 c. 9; Ord. 1962 c. 12; Ord. 1965 c. 8; Rev. Ord. 1961 (Sup. 1971) c. 19 § 10; CBC 1975 Ord. T7 § 105; Ord. 1978 c. 10; Ord. 1984 c. 38; Ord. 1985 c. 1 § 2; CBC 1985 7-4.10)
Cross-reference:
St. 1983 c. 479; Ord. ss 9-3.3
No building or structure shall hereafter be erected or altered within a distance of 100 feet from park or parkway in the city, without permission in writing having first been obtained from the Parks and Recreation Commission, except that the foregoing shall not apply to any structure now being or hereafter erected or altered on the lot of land known and numbered as 2000 Commonwealth Avenue.
(Ord. 1954 c. 2 § 81; Rev. Ord. 1961 c. 19 § 11; CBC 1975 Ord. 71 § 110; Ord. 1985 c. 1 § 3; CBC 1985 7-4.11)
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