[Adopted as Secs. 9-1 to 9-2 of the 1996 Code]
This article shall be known and may be cited
as "The Town of Manchester Tree and Shrub Spraying Notice Ordinance."
Any person who violates any provision of this section shall, upon conviction, be punished in accordance with §
1-2 of this Code.
All violations concerning licenses shall be
forthwith reported to the state's attorney for prosecution.
It is the purpose of this article to promote and protect the
public health, safety and general welfare by providing for regulation
of the planting, maintenance and removal of trees and shrubs within
the Town of Manchester. It is the intent of the Board of Directors
that the provisions of this article be construed so as to promote
the planting, maintenance, restoration and survival of desirable trees
and shrubs within the Town of Manchester. This article provides full
power and authority over all trees located within streets, rights-of-way,
parks and public spaces of the Town and trees located on private property
that constitute a hazard or threat as hereinafter defined.
As used in this article, the following terms shall have the
meanings as indicated:
PERSON
An individual, corporation, including a public utility company,
partnership and association.
SHRUB
Woody plants, branched from the base, generally less than
15 feet tall when mature.
TOWN PROPERTY
Any and all property owned by the Town of Manchester and
any public right-of-way maintained by the Town of Manchester, including,
for the purposes of this article, such limbs, roots or parts of trees
and shrubs as extend or overhang the limits of any municipal road
or grounds.
TREE
A woody plant, usually with one main trunk, reaching a height
of at least 15 feet when mature.
The General Manager shall appoint a Tree Warden, who shall have
all powers, duties and authority as set forth herein as well as in
the Connecticut Public Shade Trees Statutes, particularly Connecticut
General Statutes Sections 23-58, 23-59, 23-60 and 23-65, as the same
be amended, and this article. The Tree Warden shall have a working
knowledge of arboricultural practices through formal education and/or
directly related experience. The Tree Warden shall have full power
and authority over all trees and shrubs located within the public
areas and, to the extent provided herein, on private property.
The Town's Conservation Commission shall function as the
Tree Advisory Board. The duty of the Tree Advisory Board is to ensure
that the intent and provisions of this article are carried out to
the fullest extent possible by developing and maintaining a working
relationship with the Tree Warden.
Public utility work on either public or private property shall
be limited to the actual necessities of the service of the company
or agency. Notwithstanding the obligations of public utility companies,
pursuant to State Statutes and the State Vegetation Management Task
Force Final Report dated August 28, 2012, the plans of any public
utility company shall be reviewed by the Tree Warden prior to being
undertaken, and said review shall include the following:
A. Notifying the Town's Tree Warden at least 30 days in advance
when the utility company proposes to remove trees on public or private
property.
B. Identifying the trees to be removed by tagging each tree.
C. Notifying all property owners on a street when trees are proposed
for removal on more than one property on a street.
D. Meeting with the Tree Warden to review the trees proposed for removal
to consider the Tree Warden's opinion as to the need for removal.
Such plans shall be reviewed by the Tree Warden prior to being undertaken,
and the work shall be done in a neat and professional manner. The
Tree Warden shall, to the extent possible, supervise the work performed.
The Tree Warden has the right to require replacement of trees or shrubs
or substitution of appropriate landscape material.
Any person who violates any provision of this article or who
fails to comply with any notice issued pursuant to the provisions
of this article shall be subject to a fine not to exceed $100 for
each separate offense; each day during which any violation of this
article shall occur or continue shall be a separate offense.