2004 ATM AG BYLAW Approval - Laserfiche WebLink

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