Whereas, the Forestry Division and the Bath Community Forestry Committee have received numerous requests from homeowners and property owners regarding the feasibility of transplanting trees and/or shrubbery from their private property to the City; and

Whereas the Forestry Division and the Bath Community Forestry Committee are desirous of responding to these inquiries in a consistent, balanced manner which foresters good will among the citizens of Bath and educates those citizens as to the requirements for successfully transplanting a tree;

It is hereby RESOLVED:

That upon inquiry from a property owner as to whether the City would like to accept the donation of a tree and/or shrubbery to be transplanted from that property owner's land to City land, the Forestry Division shall advise the property owner that:

1. The Forestry Division must assess, in a timely manner the age, health, and size of the tree to determine its suitability for the City and its likelihood of survival if transplanted;

2. The Forestry Division must ascertain by bid or other appropriate, commercially reasonable method, again in a timely manner, the anticipated cost of transplanting the tree and any seasonal or climactic limitations on transplanting the tree;

3. The Forestry Division must ascertain, in accordance with the Management Plan for the Bath Community Forest, whether a suitable planting site for the tree proposed to be donated exists. Of course, donated trees are not limited to street trees, and the Forestry Division shall evaluate whether suitable planting sites exist in the parks, cemetaries, and open spaces owned by the City;

4. If the Forestry Division, upon evaluating each of these objective factors, determines that a proposed tree will have a likelihood of survival and will have a net value (after deduction of cost of transplanting) to the City, the Forestry Division shall notify the property owner:

   • that the proposed gift shall be accepted upon the signing by the property owner of a release and indemnification agreement releasing the City from any potential claims arising from alleged damage to person or property as a result of the City or its agents coming upon the land of the property owner for purposes of transplanting the tree;

   • of the proposed time schedule for removing the tree from the property owner's land. It will be understood that any proposed date for removal will be subject to change due to climactic conditions and/or the schedule of the crew assigned to transplant the tree; and

   • the net value of the City of the donated tree after deduction of costs to the City of removal. A receipt shall be tendered by the Forestry Division to the property owner evidencing this net value of the donated tree.

5. No warranty or guaranty will be given the property owner assuring him or her that the tree will survive;

6. The property owner, of course, has the option of paying the cost of the transplanting of the donated tree. In that event,

   • the Forestry Division, nonetheless, must still evaluate the age, size, and health of the tree to determine whether it is a suitable candidate for transplanting;

   • the Forestry Division will still determine, in accordance with the Management Plan, the appropriate planting site for the tree;

   • If the property owner stll intends to ask the City to transplant the tree (as opposed to private contractors retained by the property owner), a release and indemnification agreement as described above, must still be signed by the property owner; and

   • the receipt tendered by the Forestry Division to the property owner should indicate the value of the donated tree and the cost of the transplanting.

7. The Forestry Division shall notify the property owner promptly, after evaluation of these factors, if the proposed tree is determined to be unsuitable and the reasons therefor.

8. The role of the Bath Community Forestry Committee in connection with the implementation of this policy shall be:
   • to assist the Forestry Division in evaluating the factors identified;

   • to assist the property owner, if the committee deems appropriate, in fascilitating the proposed transplantation of the tree; and

   • if the determination is that the tree is not a suitable candidate for transplantation, to assist the property owner in finding other solutions for the tree, including but not limited to root pruning, tree pruning, alternative sources for transplanting (such as other community organizations) or proper removal of the tree and recycling of its byproducts.

Dated at Bath, Maine this 4th day of October, 1995.

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Updated 9:20 AM 6/3/01

© Thomas C. Hoerth