[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.
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]
There is hereby created a Tree Commission for the City.
[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]
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.