[Ord. of 11-6-2008]
The purpose of this article is to protect, preserve and ensure the proper maintenance of trees along public streets, municipal property and parks in the City and to provide for new public street trees and public park trees to be planted for the benefit of present and future generations. Public street trees and public park trees provide important benefits to the City, including the beautification of City streets and neighborhoods, the provision of shade, improvement in air quality, the buffering of noise, the enhancement of property values, prevention of soil erosion, and a reduction of surface runoff and flooding. The intent of this article is to provide clear direction to the designated Tree Warden to implement the City's goals for the maintenance of its public street trees and public park trees.
[Ord. of 11-6-2008]
As used in Article XVII, the following terms shall have the meanings indicated:
CITY
The City of Milford.
DIAMETER AT BREAST HEIGHT (D.B.H.)
The diameter of a tree measured at a point 4 1/2 feet above the ground.
MUNICIPAL PROPERTY
Any land area owned by the City of Milford.
PERSON
Any natural person, partnerships, corporations, limited liability companies, societies and associations.
PUBLIC STREETS
The area comprising all streets, roads, or rights-of-way, including unimproved portions of such corridors, located within the City of Milford and accepted by the City of Milford as a public street.
TREE ROOT ZONE
The area beneath the branches of a tree extending to the dripline of the tree's canopy.
TREES
Woody plants, usually with one main trunk, reaching a height of 15 feet or more when mature, specifically including trees three inches D.B.H. or greater.
TREE WARDEN
The Tree Warden shall have the powers, duties and authorization prescribed in the Connecticut Public Shade Tree Statutes, particularly Sections 23-58, 23-59, 23-60, and 23-65 of the General Statutes, and those powers and duties as described in this article.
TRIMMING
To cut off or remove dead or living parts or branches of a tree.
[Ord. of 11-6-2008]
The Tree Warden is hereby authorized to administer and enforce this article. The Tree Warden shall prepare all permits, procedures, and documents necessary under this article and shall maintain accurate records of all activities conducted. The Tree Warden shall provide a report on such activities to the Tree Commission and the Board of Aldermen, on an as-needed basis.
[Ord. of 11-6-2008]
The Tree Commission shall be composed of five members and two alternates appointed by the Mayor with the approval of the Board of Aldermen. Each member and alternate shall have successfully completed either an urban forestry training program or Meskawaka within six months of appointment. The term of office of each member shall be as follows: one member shall be appointed for a term expiring December 31, 2001; two members shall be appointed for a term expiring December 31, 2002; and two members shall be appointed for a term expiring December 31, 2003. Commencing January 1, 2002, all appointments to fill vacancies due to an expired term shall be for terms of three years. The term of office for each alternate shall be for three years, except for the initial appointment, one of which shall have for a term expiring December 31, 2009, and one of which shall have a term expiring December 31, 2010.
[Ord. of 11-6-2008]
The Tree Commission is charged with the responsibility of developing and from time to time updating: a forestry management plan; a City of Milford tree inventory; community educational programs as regards to trees; recommending policies concerning selection, planting, maintenance and removal of public street trees within the City including the Legacy Arboretum; and providing advice to City departments as needed. The responsibility of this Commission shall pertain to trees located on municipal property and not on private property.
[Ord. of 11-6-2008]
(a) 
Posting of tree removal permit.
(1) 
Any public street tree shall be posted by the Tree Warden, at least 10 days prior to such removal. The ten-day period shall commence from the date such tree removal notice is posted on said tree. The tree removal notice shall be in the form of a brightly colored sign at least 5 1/2 inches by 8 1/2 inches in size, in bold, clearly printed lettering able to be seen from the public street which provides the name and address of the Tree Warden in the event that there is an objection to the tree's removal.
(2) 
The Tree Warden shall notify the Tree Commission at the time of posting of any pending tree removals.
(b) 
Tree replacement or repair.
(1) 
An unauthorized removal, trimming or damage to any tree on municipal property shall require replacement or repair of such tree as may be deemed necessary by the Tree Warden at his/her sole discretion.
(2) 
Where any tree has been removed or trimmed, notwithstanding on private property, without authorization or damaged so as to require placement or repair, the person conducting, directing and/or responsible for such unauthorized removal, trimming or damage shall be required to pay to the City the reasonable cost of such replacement or repair. Such costs shall include, but are not limited to, the cost of the removal, replacement or repair of the subject tree as well as the cost of any residual repair of the affected area. Such person shall be responsible to the City for any legal fees and costs that may be incurred in the enforcement of the provision of this section.
(c) 
Tree planting permission. Tree planting permission shall be required prior to the planting of any tree on any public street. Such tree planting permission shall be issued by the Tree Warden upon receipt of a complete tree planting application. The application shall include a tree planting plan, specifying the size, species and location of all new trees. Such plantings shall become the property of the City.
(d) 
Supervision of public utility tree crews.
(1) 
The Tree Warden shall monitor the work of all public utility companies to ensure that such work does not adversely affect any tree on any public street. Prior to January 1 of each year, the Tree Warden shall, by written notice, request from each public utility company proposing to conduct tree trimming and removal activities along public streets a written annual work plan that includes the following items:
a. 
City map showing all area(s) designated for tree trimming and removal work.
b. 
Tree removal list, identifying all trees, greater than eight inches D.B.H., which are proposed for removal.
c. 
Name and phone number of licensed arborist(s) who will perform such work.
d. 
Name and phone number of public utility company contact person supervising such work.
(2) 
Except as set forth in Section 18-202.5, such public utility work plan shall be submitted to the Tree Warden and Tree Commission at least 30 days prior to the start of any activity by said public utility company. The Tree Warden and Tree Commission shall review, modify and approve such plan within 30 days from date of receipt, unless extended by either party.
(e) 
Coordination with other City departments. The Tree Warden and Tree Commission shall monitor City project plans directly affecting public street trees or within 10 feet of the tree root zone of any public street tree. Such plans shall be deemed approved, unless comments such as recommended alterations to protect affected trees are recommended by the Tree Warden and Tree Commission within 30 days from date of submission. If alterations to City project plans are recommended, such plans shall be resubmitted to the Tree Warden and Tree Commission prior to the start of the project.
[Ord. of 11-6-2008]
The activities of City departments or authorities, authorized by the Tree Warden, shall be exempt from the posting requirements of this ordinance for any tree removal or trimming work conducted in response to an immediate public hazard or in response to any emergency affecting the public health, safety and welfare.
[Ord. of 11-6-2008]
Pursuant to Section 23-65 of the General Statutes, any person who violates the terms of this article shall be fined. Each tree removed, injured or defaced shall constitute a separate violation. If the Tree Warden determines that such violation was willful or if such violation results in irreparable harm to said tree, the perpetrator shall be liable for a civil penalty for the replacement value of said tree.
[Ord. of 11-6-2008]
Any person objecting to a decision of the Tree Warden to remove a public street tree must file a written objection to such decision with the Tree Warden within seven business days of posting as set forth in Section 18-206(a). Within 10 business days of receipt of such written notice, the Tree Warden shall schedule a public hearing and shall post at the Milford City Clerk's Office a public hearing notice, including the scheduled time, date and location of such hearing, as to the affected tree. Within three business days of such hearing, the Tree Warden shall render a written decision granting or denying such removal, Pursuant to Section 23-59 of the general statutes, any party aggrieved by the Tree Warden's decision, may appeal within 10 days to the Superior Court for the Milford/Ansonia Judicial District.