HomeMy WebLinkAbout2024-10-08-TREE-min-attach Lexington Tree Management Manual
APPENDIX XIV
LEXINGTON TREE BYLAW RULES AND REGULATIONS
When does the Tree Bylaw apply?
Lexington's Tree Bylaw (http://ecode360.com/10535335) applies to trees 6" DBH or greater (or
multiple trunk tree totaling 15" or greater) in the setbacks ("protected trees") of properties
undergoing demolition or major construction, i.e., new construction or the increase of a
building's footprint by 50% or more. An example of the setback is shown below. The Tree
Bylaw setback may be different than the property's zoning setback.
rear of property)
15 feet
UNRESTRICTED AREA
See definition of setback in Appendix 1,§120-3.
o 15 feet 15 feet
30 feet
Front of property:Town right-of-way
1. Tree Protection Plan
In accordance with sections § 120-8B(2) and § 120-8D, when major construction or
demolition is planned, the owner of the property shall submit to the Town a tree protection
plan prepared by a Certified Arborist for any Protected Trees that are to be retained on the
site and for any trees in the Town right of way. The Tree Warden must approve any actions
that will affect public shade trees.
All tree protection measures including installation of Tree Save Area fencing and root
pruning to reduce the Tree Save Area on trees whose critical root zones will be encroached
upon by construction activities must be completed, documented and submitted to the Town
by a certified arborist before any ground disturbing activities, including demolition or tree
removal, begins.
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a) The fenced Tree Save Area is defined as the area within the drip line of a tree, or a
circle with a radius from the tree trunk of one (1) foot for every inch of DBH,
whichever is greater, unless the Tree Save Area will be reduced by root pruning. If
the certified arborist determines the protective fencing cannot be installed at the drip
line, then proper root pruning and trunk protection should be carried out. Ideally the
minimum distance from the trunk to the fencing will be six (6) feet. See Figure 13
and sections d), f) and g) below.
b) Fencing must be 5' or higher high chain link or welded wire attached to stable metal
posts or stakes set securely in the ground, spaced a maximum of eight (8) feet apart.
c) Each fenced Tree Save Area shall include signs reading, "TREE SAVE AREA—
PLEASE KEEP OUT'7 "AREA DE AHORRO DE ARBOLES — ENTRADA
PROHIBIDA POR FAVOR", in both English and Spanish
d) Tunneling is preferred to root pruning, where possible. See Figure 14.
e) Root pruning should be performed prior to any excavation or demolition and only by
or under the supervision of a certified arborist. See Figure 14.
i) Excavate using an air spade, hydro excavation or hand tools to expose roots.
ii) Cut roots cleanly, removing no more than 40% of roots.
iii) Backfill and water immediately.
iv) If the hole must be left open past the end of day, cover roots with wet burlap.
v) Monitor tree health and supply adequate water and mulch.
f) If a grade change is needed within the critical root zone, root pruning is required
before that grade change is made. Create terraces with retaining walls to maintain
the original grade around the retained critical root zone. See Figure 15e
g) Trunk Protection: If a certified arborist determines that protective fencing cannot be
installed to protect the tree trunk then trunk protection should be installed. Loosely
tie protective 2x4 lumber around the tree trunk with rope, do not use wire. Attach the
rope to the 2x4's using staples. Do not drive fasteners into the tree. Height of the
lumber shall be from the tree base including root flare to the bottom of the first
branch, typically 6-8'. The 2x4 lumber should be angled so the trunk flare and
buttress roots are also protected. Closed cell foam padding, one-quarter ('/4) inch
thick minimum, can be placed between the trunk and the lumber for added
protection.
h) Soil Protection: Avoid compaction of the soil by keeping foot and vehicle traffic and
storing of materials away from the root zone and outside the Tree Save Area. In
cases where allowing access through the tree save area is unavoidable as
determined by the certified arborist, either a minimum one-half('/2) inch steel plate
placed on top of a two (2) inch minimum bed of mulch (e.g. wood chips) or a
minimum of three-quarter (%) inch plywood over a four (4) inch bed of mulch may be
used to bridge over the protected root zone in the tree protection area.
i) Any changes during the course of construction that will impact an existing Tree Save
Area requires that an updated Tree Protection Plan by a certified arborist be
installed, documented and submitted to the Town before that work may commence.
j) All tree protection fencing will remain in place until landscaping begins.
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2. Removal of a Protected Tree
In accordance with section § 120-8, in order to remove a Protected Tree, the following will
be required:
a) A completed and signed Tree Removal and Mitigation Permit ication
b) A signed Tree Removal and Mitigation Permit issued by the Tree Warden via the
Town's ViewPoint Cloud online permitting portal.
c) Mitigation of the removed protected tree(s) as described in sections 5 through 7
below.
3. Removal of a Hazardous and/or Dead Protected Tree
In accordance with section § 120-9, in order to remove a Protected Tree that is hazardous
or dead and avoid mitigation the following will be required:
a) A completed and signed Tree Removal and Mitigation Permit application
b) A completed and signed International Society of Arboriculture ("ISA") basic Tree Risk
Assessment Form related to the Tree provided by a Certified Arborist, submitted with
the permit application.
c) A signed Attestation from a Certified Arborist using the attached form, submitted with
the permit application.
d) Photographs of the Protected Tree, including full tree view and the area of the
hazardous tree where the dead or hazardous area(s) can be observed, submitted
with the permit application.
e) A signed Tree Removal and Mitigation Permit issued by the Tree Warden via the
Town's ViewPoint Cloud online permitting portal.
4. Removal of an Invasive Protected Tree
In accordance with section § 120-9, in order to remove a Protected Tree that is an invasive
species and avoid mitigation the following will be required:
a) A completed and signed Tree Removal and Mitigation Permit application
b) Identification of the Protected Tree by a certified arborist as a species on the
attached List of Exem t Trees.
c) Photographs of the Protected Tree, including a full tree view and the area of the
invasive tree where its species can be observed, submitted with the permit
application.
d) A signed Tree Removal and Mitigation Permit issued by the Tree Warden via the
Town's ViewPoint Cloud online permitting portal.
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5. Calculation of Replacement Inches for Mitigation
In accordance with section § 120-16, mitigation will be calculated in terms of"replacement
inches" according to this table:
Replacement Inch
Calculation Table
Level Removed Tree Replacement
Inches
Level Less than 24" DBH; or a tree of any size Same as inches
1: to be removed in order to comply with a removed
condition, restriction or requirement of a
local,
state, or federal permit
Level 24" DBH and larger 4 times inches
2: removed
6. Mitigation of Removed Protected Trees
In accordance with section § 120-8C, when a protected tree is removed at least one of the
following is required:
a) Replanting one (1) inch caliper of new tree(s) for each replacement inch of trees
removed. New trees must be 3" caliper or larger. Evergreens must be a minimum of
6' in height. The only arborvitae that will be accepted for mitigation planting is Thuja
plicata x Standishii, Green Giant Arborvitae.
b) Replanting one-quarter ('/4) inch of new tree(s) from the Large Shade Tree List
(Section V.13.5 of the Lexington Tree Management Manual and attached) for each
replacement inch of tree(s) removed. For example, a three (3) inch caliper tree from
this list will be credited with twelve (12) inches of mitigation planting. Columnar or
dwarf cultivars that are not at least forty (40) feet high x thirty (30) wide at maturity do
not qualify as large shade trees.
c) Payment to the Lexington Tree Fund of two hundred (200) dollars per replacement
inch not already mitigated by replanting. This provision is not allowed until the
requirements of section 7 below are satisfied.
d) Minimum street frontage planting as described in section 7 below must be completed
before mitigation planting elsewhere on the property is credited or payment to the
Tree Fund in lieu of replanting is allowed.
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7. Minimum Street Frontage Mitigation Planting
In accordance with section § 120-8C5, when mitigation for the removal of protected tree is
owed, the following will be required:
a) Replanting is required only until the mitigation owed is accomplished or the desired
minimum street-frontage spacing is achieved, whichever occurs first.
b) Minimum street frontage planting must be completed before mitigation planting
elsewhere on the property is credited.
c) Trees will be planted in the front setback or the town right-of-way to achieve no
greater than a 35' gap in between trees located in the combined area of the Town
right of way and the front setback of a property, and no greater than a 35' gap from a
tree to the property line, as measured along the street frontage.
d) Planting in the front setback is preferred. Planting may occur in the Town right-of-
way with permission of the Tree Warden.
e) Replanted trees shall be selected from the Large Shade Tree List, unless there are
mitigating circumstances as delineated in the Tree Planting Guidelines.
f) From the standpoint of creating public shade, a small tree under wires will be
considered equally as good as a large tree farther back on the lot. Small trees
planted near streets and sidewalks should have upright or vase shapes when mature
so as to not impede vehicular, bicycle or pedestrian traffic. Recommendations may
be found in the list of Best Small Street Trees Under Wires.
g) Consider medium-sized trees (-40' mature height) when a larger tree would shade
solar panels on the front of the house.
h) These requirements are subject to availability of suitable planting sites, as delineated
in the Tree Planting Guidelines.
8. Survival of Retained Protected Trees and Mitigation Plantings
In accordance with sections § 120-8C(6) and § 120-8D(1), retained protected trees and new
trees planted for mitigation credit must be maintained in good health for 1 year from the
date the Certificate of Occupancy is issued.
If a retained protected tree dies or is removed in this time period, the owner of the property
will provide mitigation for the dead or removed tree. If a tree planted as mitigation dies
within 1 year, the owner of the property will replace the tree within 9 months.
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Lexington Tree Management Manual
FIGURE 13
PROTECTING TREES DURING CONSTRUCTION
dripline
dripline 6' min
Tree Save Area
acritical foot Zoite---- i
• Install a protective fence to create a Tree Save Area. The Tree Save Area is defined
as the area within the drip line of a tree, or the area within a radius around the tree trunk of
1 foot for every inch of DBH, whichever is greater.
• Use 5' high or higher chain link or welded wire with stable metal stakes or posts
inserted in the ground and spaced a maximum of eight (8) feet apart.
• If protective fencing cannot be installed at the dripline of a tree, then it should be
installed as far away from the tree trunk as possible, ideally a minimum of six (6)
feet.
• Each fenced Tree Save Area shall include signs reading, "TREE SAVE AREA—
PLEASE KEEP OUT'7 "AREA DE MORRO DE ARBOLES — ENTRADA
PROHIBIDA POR FAVOR", in both English and Spanish and should be placed in a
highly visible location.
• Tree protection shall be placed before ground disturbing activities, including tree
removal and demolition, start and shall remain in place until all construction has been
completed.
• Trunk Protection: If the protective fencing cannot be installed to protect the tree trunk, then
trunk protection should be installed. Loosely tie protective 2x4 lumber around the tree trunk
Lexington Tree Management Manual
with rope, do not use wire. Attach the rope to the 2x4's using staples. Do not drive
fasteners into the tree. Height of the lumber shall be from the tree base including root flare
at the bottom of the first branch, typically six to eight (6-8) feet. The 2x4 lumber should be
angled so the trunk flare and buttress roots are also protected. Closed cell foam padding,
one-quarter ('/4) inch thick minimum, can be placed between the trunk and the lumber for
added protection.
• Soil Protection: Avoid compaction of the soil by keeping foot and vehicle traffic and storing
of materials away from the root zone and outside the Tree Save Area. In cases where
allowing access through the tree save area is unavoidable either a minimum one-half ('/2)
inch steel plate placed on top of a two (2) inch minimum bed of mulch (e.g. wood chips) or a
minimum of three-quarter (%) inch plywood over a four (4) inch bed of mulch may be used
to bridge over the protected root zone in the tree protection area.
• Take special care with backhoes and other machinery to minimize damage to roots, trunk,
limbs and overhead branches.
The best time to plant a tree
is twenty years ago.
The next best time
is now.
Chinese Proverb
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Lexington Tree Management Manual
Figure 14
EXCAVATION and TUNNELING
WITHIN DRIIPLINE
dripV= 0'm ill rlrmtwluumu
f4o"' saves roots
711
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PiMNING
• Excavate around brae roots or tunnel under the root zone. TrencNnq without
proper root pruning can severely damage roots.
• Tunneling is preferred to root pruning, where possible.
• Root pruning by or under the supervision of a cartified arborist must be done
prior to e,xcavation or grade change any time work encroaches on the critical root
zone,
* Excavate using an air spade, hydro excavation or hentools to expose
roots,
* Cut roots deartly, rernoving no more than forty (40) percent of roots
c) Backfill and water irnmedWely
If the hole must be left open past the end of day,, cover rots with wet
burtap
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Lexington Tree Management Manual
Figure 15
GRADE CHANGE GUIDELINES
new bade
A5
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4
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�Y'k�5P6CbC1.w,�tl'�4L��„
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MAINTAIN EXISTING GRADE AROUND TREE
E
Protect to t trees by creatingterraces with r,etaining walls to maintain the rarm drm l grade
around the root zone. Cutting u r shavw ng routs or pifing soil on top of roots to create
rwtlruw ous,new grave wbwtldl slowly lwtrd the tree, Avoid drainage changes that cDuld rruearu
a tree gets too much water or not enough,
If a grade change is needed within the critical root zone,, rot pruning ls requirerd
before that grade change is made. See Figure 114,.
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Lexin ton Tree Mana ement Manual
'Tarw Assmment
ke Fattofs
and tes Profile
Factors
Ttee befects And Conditions Afteft Ohme Ukeffiaadl of faller
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Lexin ton Tree Management Manual
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Lexington Tree Management Manual
bus MOR��
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Town of Lexington
D
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3 an
APRIL 19'
�FXI NGS��
Attestation of Certified Arborist
Date
I certify that:
1. It is my professional opinion that the tree (the "Tree") identified in the accompanying permit
application and ISA Basic Tree Risk Assessment form (the "Assessment Form"), in accordance
with a Level 2 ISA, BMP Tree Risk Assessment, is dead or at high or extreme overall risk and that
no alternative reasonable mitigation of the risk exists other than by the removal of the Tree;
2. I have personally overseen the inspection of the Tree and the property on which it is located
(the "Property") that is referred to in the attached Assessment Form and this Certification and have
stated my findings accurately. The extent of my assessment of the Tree is stated in the attached
Assessment Form;
3. I have no current or prospective ownership interest in the Property associated with the Tree that
is the subject of this Assessment Form and Certification, and I have no personal interest or bias
with respect to the parties involved;
4. The analysis, opinions and conclusions stated herein are my own;
5. My compensation associated with this ISA Basic Tree Risk Assessment and this certification is
not contingent upon the reporting of a predetermined conclusion that favors the cause of the
owner of the Property or any other party; and
6. All of the above statements are made in my professional judgment in accordance with standards
of conduct required for certified arborists.
Signature
ISA Number
MCA Number
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Lexington Tree Management Manual
LEXINGTON INVASIVE TREE LIST FOR TREE BYLAW EXEMPTION
Common Name Scientific Name
sycamore maple Acer pseudoplatanus
tree-of-heaven Ailanthus altissima
autumn olive Elaeagnus umbellate
European buckthorn; glossy buckthorn Frangula alnus; Rhamnus frangula
melaleuca Melaleuca quinquenervia
catclaw mimosa Mimosa pigra
Amur cork-tree Phellodendron amurense
Japanese black pine* Pinus thunbergii*
Callery (Bradford) pear** Pyrus Calleryana**
large gray willow Salix atrocinerea; Salix cinerea ssp.
oleifolia
gray willow; rusty willow Salix cinerea
*Listed in 2017. As of 12/31/2022, nursery agents/growers may no longer receive or begin propagation.
Existing stock received or propagated before this date may be sold until 12/31/2025. This tree will not be
accepted as mitigation planting.
** Listing on the MA Prohibited Plants List expected by the end of June 2024, after a 2022 recommendation by
Mass. Invasive Plants Advisory Group. Even if commercially available after this date, this tree will not be
accepted as mitigation planting.
Why we have excluded from exemption two trees that are on the MA Prohibited Plant List.
Acer platanoides (Norway maple)
Widely planted as a replacement for American Elm in the early 20th century, Norway maple
represents such a large percentage of Lexington's tree canopy that we cannot encourage
its wide-scale removal at this time. Exemption from the mitigation requirement of the bylaw
does not accurately reflect the value of mature Norway maples. Many municipalities advise
that small specimens be removed, and mature ones allowed to live until they decline, at
which point they should be replaced with native canopy species.
Robina pseudoacacia (Black locust)
While the species is native to central portions of Eastern North America, it is not indigenous
to Massachusetts. It has been planted throughout the state since the 1700's and is now
widely naturalized. It behaves as an invasive species in areas with sandy soils. Black
locust seeds do not disperse as widely as do Norway maples, and the trees support many
forms of wildlife. The tree's presence in pockets in Lexington provides much-needed
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Lexington Tree Management Manual
shade. As with Norway maples, removal of seedlings and gradual replacement of declining
mature trees is a practical approach that retains tree canopy.
LARGE SHADE TREE LIST
Large shade trees for 4x mitigation credit have a mature height of at least 40' and spread of at least 30'.
No columnar cultivars qualify unless they meet those criteria. Trees not native to New England were
included only if they offered characteristics that may be hard to find in native trees available in 3" caliper
size. No western trees are included.
Common Name Scientific Name Acceptable Attributes
cultivars
Bald Cypress Taxodium distichum (native to `Monarch of Illinois' Pyramidal deciduous conifer
southeast/mid-Atlantic) 50-70'h x 20-30'w, suitable street
tree
Basswood Tilia americana (NE native) 60-80'h x 30-55'w, salt-sensitive
Birch, River Betula nigra (NE native) 40-70'h x 40-60'w, exfoliating bark,
suitable street tree
Birch, Black or Betula lenta (NE native) 40-55'h x 30-45'w, fall color
Sweet
Black Walnut Juglans nigra (NE native) 50-75'h x 50-75'w, oval to rounded
crown on tall trunk at maturity
Butternut Juglans cinnera (NE native) 40-60'h x 30-50'w
Catalpa, Northern Catalpa speciosa (NE native) 40-60'h x 20-40'w, pannicles of
bell-shaped flowers
Cherry, Black Prunus serotina (NE native) 60-90'h x 35-50'w, small white
flowers and black fruits
Elm, American Ulmus americana (NE native) DED-resistant: 60-80'h x 50-70'w, vase shape,
`Princeton' suitable street tree. U structure
`Jefferson' branching (Jefferson) preferable to
`New Harmony' V structure (Princeton),
`Valley Forge'
Hackberry Celtis occidentalis (southern 40-60'h x 40-60'w, cylindrical at
NE native) maturity, suitable street tree
tolerates urban environments
Hemlock, Tsuga canadensis (NE native Not used as hedge 60-80'h x 25-40'w, fine-textured
Canadian or needled evergreen. Placement on
Eastern cool, damp N slope critical for tree's
health and survival. May require
treatment for wooly adelgid.
Hickory, Carya ovata (NE native) 50-100'h x 20-40'w, few pests or
shagbark diseases, fruit can be litter problem
Honeylocust Gleditsia triacanthos inermis Shademaster, 50-60'h x 25-35'w, casts open light
(midwest native) Skyline, Halka shade, suitable street tree
Kentucky Gymnocladus dioicus (Midwest Male cultivars only 60-75'h x 30-50'w, tolerant of tough
Coffeetree native) conditions and unattractive for
much of year, best used as street
tree, not specimen tree
Magnolia, Magnolia acuminata (NE 50-80'h x 50-80'w, flowering
Cucumber native)
Maple, Red Acer rubrum (NE native) 40-70'h x 20-40'w, fall color,
suitable street tree
Lexington Tree Management Manual
Maple, Sugar Acer saccharum (NE native) `Fall Fiesta' 75'h x 30-50'w, needs lots of
`Commemoration' ground space and water for health
`Flash Fire' and survival, not suitable as street
`Green Mountain' tree
Oak, Black Quercus velutina (NE native) 50-60'h x 50-60'w, not suitable as
street tree
Oak, Bur Quercus macrocarpa (native to 70-80'h x 70-80'w, excellent park
central plains) and large area specimen tree,
suitable street tree
Oak, Chestnut Quercus montana (NE native) 60-70'h x 60-70'w
Oak, Pin Quercus palustris (NE native) 75'h x 40'w, downward branching
makes unsuitable next to street,
good as setback tree
Oak, Red Quercus rubra (NE native) 75'h x 30-45'w, suitable street tree
Oak, Scarlet Quercus coccinia (NE native) 75'h x 40-50'w, late scarlet or
russet fall color, not suitable street
tree
Oak, Swamp Quercus bicolor(NE native) 50-60'h x 50-60'w, drought
White resistant, easier to transplant than
white oak, yellow fall color
Oak, White Quercus alba (NE native) 50-80'h x 50-80'w, good
park/meadow tree, slow growing,
not suitable street tree
Pine, Eastern Pinus strobus (NE native) Many 50-80'h x 20-40'w, needs sun, easy
White to transplant, branches break in
high wind, not suitable street tree
Sassafrass Sassafras albidum (NE native) 30-60'h x 25-40'w, 3 forms of
leaves, hard to transplant, forms
colonies, not suitable street tree
Sweetgum Liquidambar styraciflua (native 60-75'h x 40-50'w, beautiful
to southern NE) variable fall color, messy fruit,
suitable street tree if roots have
enough room
Sycamore, Platanus occidentalis (NE 75-100'h x 75-100'w, massive trunk
American native) with flaking bark, open crown, good
street tree
Tuliptree Liriodendron tulipifera (NE 70-90'h x 35-50'w, fast-growing tall
native) tree with tulip-shaped leaves and
greenish-yellow flowers, some
cultivars suitable as street trees
Tupelo Nyssa sylvatica (NE native) `Wildfire' Glossy green leaves with bright fall
`Green Gable' color, bluish black fruit, suitable
street tree
Yellowwood Cladrastis kentukea (native to 30-50'h x 40-55'w Broad, rounded
southeast) crown with panicles of white,
fragrant flowers, not suitable as
street tree due to low branching;
good setback tree
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ACCEPTABLE TREE PLANTING SITE GUIDELINES
Unless otherwise specified, numbers given are minimum distances from tree center:
at least 3' x 6' or 16 square feet with minimum
Tree pit size width of 3' (Low oxygen trees preferred for small
spaces)
Distance from curb edge, where street has curb 30"
Distance from adjacent trees 15'-40', varies with species
Distance from street intersections 20'
Distance from driveways 5'
Distance from fire hydrants 10'
Distance from underground utility lines 10'
Distance from gas or water valve 10'
Height of trees under utility lines 30' maximum at maturity
Distance from street lights 10', varies with species
Distance from utility poles 15'
Distance from stop sign 20'
Distance from traffic signs Depends on sightline requirements
Distance to opposite obstructions 5'
Suggested distance from parking meters 5'
Passage for ADA considerations 3' wide sidewalk
Passage for sidewalk plows 5' wide sidewalk
Distance from house 20'
Distance behind overhead wire for large tree 10'
Mitigating circumstances would shade solar installation within 10 years.
Less than ideal conditions will be evaluated on a site-by- site basis.
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BEST SMALL STREET TREES UNDER Wimco
Less than 30'h, upright or vase shaped at maturity, salt and drought tolerant.
Common Scientific Name Acceptable Attributes Suitable for
Name cultivars curb strip
planting
Alleghany Amelanchier laevis 15-30'h x 8-18'w, early Only single
Serviceberry (NE native) showy white flowers, fall stem
color
Amur Maackia 20-30'h x 20-35'w, fragrant No
Maackia amurensis (non- white midsummer flowers
native
Canada Red Prunus virginiana Canada Red', 20-25'h x 15-20'w, green Only single
Chokecherry 'Canada Red'(NE 'Shubert' spring leaves turn purple in stem
native) summer, white flowers and
small redish- ur le fruits
Crabapple Malus spp. Columnar Showy flowers, fruit No
types such as
`Adirondack'
`Sentinel'
`Strawberry
Parfait'
European Sorbus aucupani 25-30'h x 15-25'w, showy Only single
Mountain (non-native) flowers and fruit, EAB stem
Ash resistant
Flowering Prunus sargentii `Accolade' 15-25'h x 15-25'w, showy No
Cherry (non-native) 'Amanagawa' flowers, fruit, short-lived
or Prunus `Royal
serrulata (non- Burgundy'
native) and others
Hawthorn Crataegus viddis or 'Winter King', 25'h x 25'w, mainly thornless, No
phaenopyrum 'Princeton red fruit persist in winter
(native to Sentry',
southeast) 'Fastigiata' or
other upright
thornless
varieties
Japanese Styrax japonicus 20-30'h x 15-25'w, showy No
Snowbell non-native bloom
Sweetbay Magnolia virginiana 10-20'h x 8-15'w, fragrant No
Magnolia (NE native) white late spring flowers and
small red summer fruit
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