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zoning by-laws, but was rather a non-legislative vote of town meeting to approve a land use plan. <br /> Thus, the vote under Article 9 is not subject to review and approval by the Attorney General. <br /> Article 34 - The amendments adopted under Article 12 make a number of changes to <br /> Chapter 120 of the town's general by-laws, "Trees." One such change deletes Subsection(C) <br /> (2), of Section 120-8, "Protected Trees," and replaces it with new text. As amended, Subsection <br /> (C)provides as follows (new text in bold): <br /> C. Mitigation. A protected tree shall not be removed unless at least one of the following <br /> provisions is satisfied: <br /> (1)Replanting of trees: such replanting shall be on the basis of 1/2 inch of caliper of new <br /> trees(s) for each inch of DBH of tree(s)removed, and each replanted tree must have a <br /> rninimuin caliper of three inches. The replanting shall occur not later than 12 nnonths <br /> after connpletiotn of the constructioin work, either on applicant's land or on land abutting <br /> applicant's land with express approval of the owner of such abutting land; <br /> (2) Contribution into the Selectmen's Tree Gift Account: such contribution shall <br /> be $50 per DBH inch Protected Tree or Toner►Tree removed not already mitigated p`" <br /> as per Subsection rC(1), or gym. <br /> (Emphasis added.) ` o <br /> Another change adds a new Section 120-14, "F"unds"to Chapter 120. The ncw'Sectiow- <br /> 1.20-14 provides as follows: <br /> Collection of voluntary contributions under this by-law shall be deposited into the <br /> Sclectmen's Tree Gift Account. The Tree Warden with input fronn the Tree Cotnrnittec <br /> will request use of these funds for tree planting,transplanting, and other tree related needs. <br /> The request to expend these funds will be approved by the Board of Selectnnen. <br /> In approving the text of Section 120-8 (C) (2) and 120-14, we call the town's attention to <br /> G,L, c. 44, § 53, and 53A. Section 53 provides that"[a]ll moneys received by a city, town or <br /> district officer or department, except as otherwise provided by special acts and except fees <br /> provided for by statute, shall be paid by such officers or department upon their receipt into the <br /> city, town or district treasury," While we find no facial inconsistency between state laws and the <br /> mere imposition and collection of the fee prescribed in the proposed by-law,it is our opinion that <br /> the funds collected become part of the town's general fiend unless placed in a Rind established by <br /> the Legislature by general law o•special act. <br /> In the absence of any general or special law to the contrary, fees of the sort contemplated <br /> here would,pursuant to G.L. c. 44, § 53, must be deposited with the Town Treasurer and made <br /> part of the town's general fund, thus are not available to the Town for the purpose for which they <br /> F:I USERS1RITCHIE\W P61\DO CS\TO`avNS 11.GXING'I'N1#3042A.APP.Nvpd 2 <br />