[HISTORY: Adopted by the Town of Ridgefield 2-28-1996 (Ch. 15 of
the 1974 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Ridgefield Tree Ordinance, Ridgefield, Connecticut."
A.
Intent. It is the intent of the Selectmen of Ridgefield
that the terms of this chapter shall be construed so as to promote:
(1)
The protection, preservation, proper maintenance and
use of trees and shrubs on Town property, the minimization of disturbance
to woodlands, and the prevention of damage from erosion and destruction
of the natural habitat.
(2)
The protection of community residents from personal
injury and property damage and the protection of the Town of Ridgefield
from property damage caused or threatened by improper planting, maintenance
or removal of trees and shrubs located within the community.
(3)
The protection of property values ensuing from the
proper maintenance of street trees, natural, uncleared woodlands and
trees of ecological or historical significance.
B.
Purpose. The purpose of this chapter is to:
(1)
Plan, protect and manage these arboreal resources
for the benefit of the health, safety and general welfare of the residents
of the Town.
(2)
Recognize the benefits provided by trees, including
but not limited to buffering noise and unsightly views, improving
air quality, offering habitats to birds, preventing erosion, absorbing
water, mitigating climate by cooling the air and providing shade,
offering aesthetic benefits, increasing property values and generally
improving the quality of life within the Town.
[Amended 9-19-2001]
For the purposes of this chapter, the following
words, terms and phrases shall have the meanings herein set out:
A management plan and resulting work plan prepared by the
Tree Warden with the assistance of the Tree Committee for forestry
work to be undertaken by the Town. The plan may include but is not
limited to a long-range management plan; Town tree inventory; regulations
and standards for the planting, pruning, maintenance and removal of
trees and shrubs on Town property; lists of trees appropriate for
planting in the Town; and recommendations for the preservation of
trees on construction sites.
Trees determined by the Tree Warden to be of great age or
rarity, associated with an historical event or person, or of tangible
value to the community for their scenic enrichment of the area and/or
their ability to survive a specific disease. Special consideration
will be given to the inspection and preservation of landmark, notable
and asset trees on Town property. With the concurrence of the property
owner, such designations may be applied to trees on private property.
The owner of record or contract purchaser of any parcel of
land.
Any tree or shrub or part thereof growing upon private or
Town property which is interfering with the use of any Town property,
infected with infectious plant disease, or endangering the life, health
or safety of persons or property.
Woody plants, branched from the base, generally less than
15 feet tall when mature.
Any property owned by the Town or under its jurisdiction
or management, including property within lawfully established rights-of-way
but excluding dedicated open space land under the jurisdiction of
the Conservation Commission. Control shall extend to such limbs, roots
or parts of trees and shrubs as extend or overhang the limits of any
Town road, but responsibility shall not be assumed absent actual notice
of conditions warranting exercise of control.
The unimproved portion of all Town roads.
A woody plant, usually with one main trunk, reaching a height
of at least 15 feet when mature.
[Amended 9-19-2001]
A.
Tree Warden.
(1)
Authority and power. The Tree Warden, appointed by
the First Selectman with the approval of the Board of Selectmen as
outlined in the Town Charter, § 9-16, shall have all powers,
duties and authorities ascribed to him/her as set out in the Connecticut
Public Shade Tree Statute, particularly C.G.S. §§ 23-58,
23-59, 23-60 and 23-65, as the same may be amended, and this chapter.
(2)
Compensation. The Tree Warden shall receive for services
such compensation as the Selectmen, duly authorized, shall prescribe.
(3)
Duties. The Tree Warden shall:
(a)
Enforce all provisions of law for the preservation
of trees and shrubs in the Town.
(b)
Develop and administer a forestry management
plan for the Town.
(c)
Hire contractors for the pruning, maintenance
or removal of trees or shrubs on Town property in accordance with
the long-range management plan and the specifications and standards
outlined in the forestry management plan.
(d)
Post a notice upon trees on Town property of
their planned removal at least 10 days before removal is to take place,
unless the condition of the trees constitutes an immediate public
hazard.
(e)
Issue permits as required by this chapter, first
obtaining the written agreement of each person who applies for such
permits that he or she will comply with the requirements of this chapter
and the forestry management plan.
(f)
Select and identify any trees which qualify
as landmark trees, notable trees, and asset trees on Town property
and, with the concurrence of the property owner, on private property.
(g)
Prevent damage to trees and shrubs on Town property
by any person, company, utility or state or federal agency. Damage
may include but not be limited to pruning, removing, defacing, cutting,
painting, or marking trees; posting unauthorized signs on trees; injuring,
mutilating, killing or destroying any trees or shrubs; permitting
any toxic chemical, including excessive road salt or other deicing
chemical, to seep, drain or be emptied on or about any tree; piling
soil over roots to a suffocating depth or scraping soil above the
roots; or setting fires or burying rubble within the trees' root zones.
(h)
Supervise to the extent possible work affecting
trees performed by public utility companies or their agents. Such
work shall be reviewed prior to being undertaken and shall be done
according to the standards of the forestry management plan. If as
a result of such work trees are irreparably damaged, the Tree Warden
shall require the company to pay for replacing the trees with a similar
species.
B.
Tree Committee.
(1)
Composition. The Tree Committee shall be composed
of seven members, three appointed by the Board of Selectmen and four
appointed by the Conservation Commission. Each member of the Tree
Committee shall be appointed for a term of three years, and terms
shall be staggered so that at least two members are appointed each
year. Members shall serve without compensation. To increase effectiveness,
applicants for vacancies should meet with the Tree Committee before
being considered for appointment to the Committee. Further, the Committee
may suggest to appointing entities certain skills, experience or Committee
preferences to be considered in applicants for appointment. The Tree
Warden serves as a member ex officio.
(2)
Duties. The Tree Committee shall advise and consult
the Tree Warden on any matter pertaining to this chapter and its enforcement.
The topics under which this advice and consultation may be given may
include, but are not limited to, amendments to this chapter; alterations
or revisions to the forestry management plan; policies concerning
selection, planting, maintenance, and removal of trees, shrubs and
other plants within the Town; and development of community educational
programs.
This chapter provides full power and authority
over all trees, plants and shrubs located on Town property and rights-of-way,
and to trees, plants and shrubs creating a public nuisance.
[Amended 9-19-2001]
No person other than the Tree Warden may perform
any of the following acts without first obtaining from the Warden
a permit for which no fee shall be charged, and nothing in this section
shall be construed to exempt any person from the requirements of obtaining
any additional permits as are required by law:
A.
Plant trees or shrubs of any size on Town property
or remove or otherwise disturb any tree located on Town property or
rights-of-way.
B.
Attach any rope, wire, nail, sign, poster, or any
other man-made object to any tree or shrub located on Town property
or rights-of-way.
C.
Dig a tunnel or trench, move or store construction
vehicles, materials or equipment, or change the grade within a tree's
root zone on Town property or rights-of-way.
A.
As trees on private property often have an impact
on Town property and rights-of-way and can under certain conditions
pose a direct physical threat to the safety and welfare of residents
as well as to Town trees, the Tree Warden can determine that such
trees or shrubs constitute a public nuisance.
B.
Upon making this determination, the Tree Warden shall
write the owner or tenant in charge of the premises informing him/her
of the nature of his/her liability. Unless the condition constitutes
a public hazard requiring immediate attention, the responsible person
shall, within 30 days after issuance of the notice, have the nuisance
tree or shrub treated or removed as directed. No damage shall be awarded
the owner for the trees or shrubs destroyed pursuant to this chapter.
C.
In case the owner or tenant having charge of such
premises shall refuse or neglect to comply with the terms of the written
notice within 30 days after receiving it, the Tree Warden shall cause
the removal, treatment or trimming of said nuisance tree or shrub.
The expense thereof shall be charged to the owner of the premises
on which the tree or shrub is located and, with respect to the cost
for removing that portion interfering with any public area or public
way, shall become a lien on the property upon record of notice thereof
on the Town land records.
A.
No person shall unreasonably hinder, prevent, delay
or interfere with the Town Tree Warden or his/her agents while engaged
in the execution or enforcement of this chapter.
B.
Violation of any provisions of this chapter shall
result in a fine and penalty of $50 in addition to any cost of curing
or abating said violation. If the violation is of a continuing nature,
each day shall constitute a separate offense.
