[HISTORY: Adopted by the City of Norwalk Common Council 6-11-2002; amended in
its entirety 10-26-2021. Subsequent amendments noted where applicable.]
A.
The purpose of this chapter is to protect, preserve and ensure the
proper maintenance of trees and shrubs along public streets and rights-of-way,
parks and other properties in the City of Norwalk and to provide for
new trees and shrubs to be planted for the benefit of present and
future generations. Trees and shrubs provide important benefits to
the City and its residents, including the beautification of City streets
and neighborhoods, the reduction of urban heat islands, an improvement
in air and water quality, and the enhancement of property values.
Trees and shrubs provide oxygen, impede soil erosion, aid water absorption
and the mitigation of stormwater, ameliorate against potential flooding,
and absorb CO2, other pollutants, and breathable particulate matter.
Furthermore, trees and shrubs provide shade, screening, privacy, and
aesthetic appeal, absorb and lessen impacts from winds, act as natural
noise barriers, and support habitat for wildlife.
B.
The intent of this chapter is to maintain and grow Norwalk's
urban forest, maintain trees and shrubs in a healthy condition, protect
existing trees and shrubs, and mitigate losses and damage to the City's
trees and shrubs.
As used in this chapter, the following terms shall have the
meanings indicated:
To take action by removing branches or by filling, surfacing,
grading, compacting, channeling or changing the drainage pattern of
the soil surrounding any tree or shrub in a manner that threatens
to diminish the vigor of the tree or shrub. The term "alter" does
not include normal seasonal pruning of a tree or shrub necessary for
normal growth or for the maintenance of sight lines.
The dollar value of a tree or shrub as determined by the
Tree Warden using the most current edition of the Guide for Plant
Appraisal, published by the International Society of Arboriculture,
Urbana, Illinois.
A determination based on a review of all relevant factors,
including, but not limited to, the preservation of trees and shrubs,
the impact on the streetscape, the maintenance of an effective tree
canopy, the importance of the particular tree or shrub, the health
of the tree or shrub, and the overall impact that the loss of the
tree or shrub would have on the health, safety, and welfare of the
general public and on the City's urban forest.
Any tree in a public place and, depending on the relevant
facts, may include a streetscape tree.
A shrub in a public place.
To act in a manner to jeopardize a tree or shrub's health
or cause its appearance to be defaced. Actions that constitute damage
include but are not limited to: posting bills; hanging streamers and/or
decorations; driving any objects into a tree or shrub; carving the
bark of a tree or shrub; digging/excavating/paving and/or parking
a motor vehicle within the dripline in a way that affects the root
system; painting a tree or shrub; setting fire to a tree or shrub;
or allowing harmful substances to come in contact with a tree or shrub.
The diameter of a tree at 54 inches above grade as indicated
by the United States Forest Service method.
A conceptual line along the ground that conforms to the perimeter
of the crown of the tree and projects vertically to the ground.
A shrub that is likely to create hazardous conditions on
roadways or sidewalks or to cause imminent danger to the health, safety
and/or welfare of the general public, public property, private property
or utility wires or other infrastructure.
A tree that is likely to create hazardous conditions on roadways
or sidewalks or to cause imminent danger to the health, safety and/or
welfare of the general public, public property, private property or
utility wires or other infrastructure.
Any body or authority responsible for the regulation of land
use in the City of Norwalk, including, but not limited to, the Conservation
Commission, the Planning and Zoning Commission and the Zoning Board
of Appeals.
Any tree as determined by the Tree Advisory Committee to
be of unique and intrinsic value to the general public because of
its size, age, historic association, ecological importance or aesthetic
value.
A document prepared by the Tree Advisory Committee pursuant
to the chapter.
Any individual, firm, partnership, association, company,
trust, corporation, or organization of any kind.
To cut off or remove dead or living parts or branches of
a tree or shrub performed by an arborist licensed in the State of
Connecticut.
Any space owned and/or controlled by the City of Norwalk,
including, but not limited to, the right-of-way, property operated
or controlled by the Norwalk Board of Education or the Norwalk Housing
Authority and any space in a City park.
"Public service company" as defined in Connecticut General
Statutes § 16-1(a)(3), as the same may be amended from time
to time.
To cut down a tree or shrub or to take any other action that
will, in the sole and absolute judgment of the Tree Warden, cause
a tree or shrub to die within a five-year period.
Any tree required to be planted or maintained as part of
an approval by any land use regulatory authority or under the terms
of any deed, easement, agreement or other document relating to the
sale, lease or other disposition of any property owned by the City
or any municipal body or authority.
The area between the street lines reserved for the street
(paved/sidewalk area) and the adjacent property that abuts the City
street and is owned and/or controlled by the City of Norwalk.
Woody plants, usually branched from the base, generally less
than 15 feet tall when mature.
Any tree or shrub on public and/or private property with
a base that originates, in whole or in part, in the right-of-way and,
in the sole and absolute judgment and/or discretion of the Tree Warden,
serves as part of the tree line of a street.
A recording of the size, condition, location, and species
of all streetscape trees and of all planting locations without a tree
that could reasonably accommodate a streetscape tree.
Any living woody, self-supporting plant that has a defined
stem(s) with a DBH of at least two inches using the United States
Forest Service method of determination.
A.
The Chief of Operations and Public Works shall designate a Tree Warden
and may designate one or more Deputy Tree Wardens.
B.
The Tree Warden is hereby authorized to administer and enforce this
chapter. The Tree Warden shall have the powers, duties and authorization
prescribed in the Connecticut Public Shade Tree Statutes, particularly
Connecticut General Statutes §§ 23-58, 23-59, 23-60
and 23-65, as the same may be amended from time to time, and those
powers and duties as described in this chapter. The Tree Warden shall
have full power and authority over all trees and shrubs located within
public places and, to the extent provided herein, on private property.
C.
The Tree Warden shall prepare all permits, procedures, and documents
necessary under this chapter and shall maintain accurate records of
all activities conducted. Upon request, but no less frequently than
annually, the Tree Warden shall provide a report on such activities
to the Mayor and the Common Council.
D.
The Tree Warden shall be advised by the Tree Advisory Committee established
pursuant to this chapter and shall be an ex officio nonvoting member
of such committee.
E.
The Tree Warden, or his, her or their designee, shall determine whether
any specific plant shall be considered a tree or shrub and whether
a tree or shrub is a hazardous tree or hazardous shrub, and is hereby
authorized to remove or prune the same in accordance with this chapter
and the Connecticut General Statutes.
F.
The Tree Warden shall determine the assessed value of any tree or
shrub for purposes of this chapter.
G.
The Tree Warden shall conduct or cause to be conducted an assessment
of the tree canopy of Norwalk, which may include a description of
the tree canopy and a description of the extent and condition of trees
in Norwalk, including those on private property, in parks, and other
public places. This assessment of the tree canopy may include a streetscape
tree inventory. When completed, such assessment shall be available
to the public and shall be updated at least every 10 years.
H.
The Tree Warden shall have the authority to issue citations for violations
of this chapter.
I.
Removal of a City tree, City shrub or required tree shall be permitted
only if authorized by the Tree Warden or his, her or their designee.
J.
The Tree Warden shall recommend a budget for expending the annually
available funds in the Norwalk Tree Account pursuant to this chapter.
A.
The Tree Advisory Committee shall be composed of five members nominated
by the Mayor and approved by the Common Council. The Mayor shall designate
one of the five members as Chair. Each member of the Tree Advisory
Committee shall be appointed for a term of three years, and terms
shall be staggered. The terms of the initial members shall be as follows:
two members with terms to expire July 1, 2003; one member with a term
to expire July 1, 2004; and two members with terms to expire July
1, 2005. Thereafter, the terms for all members shall be for three
years commencing on July 2. If a member shall for any reason cease
to serve as such in advance of the end of his, her or their term,
a replacement shall be appointed to complete such term in the manner
prescribed in this section. Members shall serve without compensation.
The Tree Warden and the Director of Planning and Zoning, or his, her
or their designee, shall serve as an ex officio nonvoting members
of the Tree Advisory Committee.
B.
The duties of the Tree Advisory Committee shall include, but not
be limited to: advising the Tree Warden, the Common Council, and the
Mayor on tree- and shrub-related issues in the City and promoting
awareness of tree and shrub care, Norwalk's arboreal heritage,
and the benefits of an urban forest.
C.
The Tree Advisory Committee shall develop and adopt a Master Tree
Plan. The Master Tree Plan shall establish direction for the City's
urban forestry program and shall include targets for tree canopy cover
and tree diversity, including targets for native and hybrid species.
It may also reference standards for tree and/or shrub planting and
tree and/or shrub maintenance and include guidelines for specifications
relating to trees and/or shrubs and tree and shrub care and for contract
tree and/or shrub work. In addition, the Master Tree Plan may outline
a broad program for the improvement of the urban forest and may include
recommendations for urban forestry activities in specific neighborhoods,
along specific streets, and in areas of the City such as historic
districts. The Master Tree Plan may also include a plan for management
of City-owned woodlands, such as those that exist in City parks. The
Master Tree Plan may be undertaken as part of other City plans and
activities. The Master Tree Plan shall incorporate any study conducted
by the Tree Warden and may, at the discretion of the Tree Advisory
Committee, include additional studies of the urban forest. The Committee
shall review the Master Tree Plan at least every five years and shall
amend it as needed. The Master Tree Plan shall be consulted by all
City departments in the course of conducting City business.
D.
The Tree Advisory Committee shall create an annual State of the Forest
report on changes to the urban forest during the prior year and recommendations
of policy and action for the next year. This report may also identify
priority locations for planting, so that the City's tree and
shrub planting will address any arboreal inequities and will give
priority to filling in gaps resulting from the absence of streetscape
trees. The Committee shall present this report to the Mayor and Common
Council for their review.
A.
The Tree Advisory Committee shall establish a Legacy Tree Program
in order to catalog legacy trees in the City, which program may include
and/or be based on the Norwalk Tree Alliance Legacy Tree Program.
The public shall be encouraged to give input to the Committee about
which trees should be included in the program.
B.
The Tree Warden shall keep a record of all trees designated as legacy
trees and their locations.
C.
A list of legacy trees shall be available to the public at the office
of the Tree Warden.
A.
To contribute to the urban forest of Norwalk, members of the public
shall be encouraged to support the planting of trees or shrubs in
public places and in areas which fill in gaps in the tree line in
or near the right-of-way, provided that they follow the procedures
outlined in this chapter.
B.
Any person wishing to plant a tree or shrub in a public place shall
apply in writing for a permit to the Tree Advisory Committee prior
to taking such action. The application shall include a tree and/or
shrub planting and maintenance plan, specifying the size, species
and location of all new trees and/or shrubs, as well as a plan for
the maintenance of the tree or shrub for a period of not less than
two years from the date such trees or shrubs are planted and the person
responsible therefor.
C.
After reviewing such application and conducting a site inspection,
the Tree Advisory Committee shall determine whether such action is
in the best interest of the City's urban forest and shall notify
the applicant of the decision in writing within 30 days of receipt
of a complete application.
D.
Once such a tree or shrub is planted in a public place, the tree or shrub shall become the property of the City of Norwalk after the maintenance period specified in Subsection B of this section has expired.
E.
The Tree Advisory Committee shall report to the Tree Warden on a
quarterly basis the details of all applications approved in accordance
with this section, including the size, species and location of all
new trees and shrubs planted and the person(s) responsible for the
maintenance thereof.
F.
Whenever any tree or shrub is planted in any public place in violation
of this chapter or any permit issued hereunder, the Tree Warden may
order the property owner or person responsible to remove such tree
or shrub. If the property owner or person responsible fails to remove
the tree or shrub within a period of 30 days after such order, the
Tree Warden shall remove or cause the removal thereof, or may take
such action deemed necessary to rectify such improper planting, and
the cost thereof shall be charged to the property owner or the person
responsible for the improper planting.
A.
No person shall alter or damage a City tree, City shrub or required
tree. No person shall prune a City tree, City shrub or required tree
without a permit from the Tree Warden.
B.
Any person wishing to prune a City tree, City shrub or required tree shall apply in writing for a permit to the Tree Warden prior to taking such action. Each application to prune a City tree, City shrub or required tree shall be subject to a fee established in accordance with § 90-4, Approval of rates and fees.
C.
After reviewing such application and conducting a site inspection,
the Tree Warden shall determine whether such action is in the best
interest of the City's urban forest and shall notify the applicant
of the decision in writing within 30 days of receipt of a complete
application.
D.
Any person who violates the provisions of this section shall be subject to a fine up to $250 per City tree, City shrub or required tree, per violation. The Tree Warden or his, her or their designee shall have the authority to issue a citation for violations. Notwithstanding the foregoing, if the Tree Warden determines in his, her or their sole and absolute judgment that any person has pruned, altered or damaged a City tree, City shrub or required tree so severely that it is not likely to survive, that person shall replace such tree or shrub in accordance with § 112-10, Tree or shrub replacement, below.
A.
No person shall remove a City tree, City shrub or required tree without
a permit from the Tree Warden, except for any removal that has been
permitted pursuant to the applicable provisions of Connecticut General
Statutes § 23-65. To grant permission to any other person
to remove a City tree, City shrub or required tree, the Tree Warden
must determine, within 30 days of receiving a complete application,
that 1) the tree and/or shrub is in poor health or diseased, 2) the
tree and/or shrub's removal is unavoidable because the tree and/or
shrub poses a threat to human health, safety, and welfare, or 3) the
negative impact on the urban canopy caused by the tree and/or shrub's
removal can be mitigated.
B.
Any person wishing to remove a City tree, City shrub or required tree shall apply in writing for a permit to the Tree Warden. Such application shall contain written proof that the applicant has notified property owners of land that abuts or is directly across the street from the affected tree(s) and/or shrub(s), and the appropriate land use regulatory authority in the case of a required tree, that he, she or they has applied for a tree and/or shrub removal permit by a written notice delivered within three business days of the date of said application. Each application shall be subject to a fee established in accordance with § 90-4, Approval of rates and fees.
C.
After reviewing such application and conducting a site inspection,
the Tree Warden shall determine whether removal of the City tree,
City shrub and/or required tree is in the best interest of the City's
urban forest and shall notify the applicant of the decision in writing
within 30 days of receipt of a complete application.
D.
The permit for the removal of any City tree or required tree with
a DBH of six inches or more shall be posted by the Tree Warden, or
his, her or their designee, on the affected tree(s) at least 10 days
prior to such removal. The ten-day period shall commence from the
date of such posting. The tree removal posting shall be in the form
of a brightly colored sign at least 8 1/2 inches by 11 inches
in bold, clearly printed lettering able to be seen from the street
which provides the name, address and phone number of the Tree Warden
in the event that there is an objection to the removal of the tree(s).
A.
Property owners and other persons responsible for construction and
excavation projects in whole or in part within the dripline of any
City tree or required tree shall adhere to all relevant provisions
of the latest edition of the American National Standards Institute,
Inc., Standards for tree Care Operations—Tree, Shrub, and other
Woody Plant Maintenance—Standard Practices (Management of Trees
and Shrubs During Site Planning, Site Development, and Construction)
for the duration of the construction or excavation project. A copy
of these standards shall be available to the public in the Tree Warden's
office.
B.
The Tree Warden or his, her or their designee shall have the authority
to issue a citation to a property owner and other person responsible,
in the amount of $250 per day, per City tree or required tree affected,
for each instance of an action inconsistent with the tree care standards
referred to in this section.
C.
Any person found in violation of this section for which the Tree
Warden determines there is substantial danger of damage to a City
tree or required tree shall post a five-year bond in the amount of
the assessed value of such tree. Such bond shall be forfeited if the
Tree Warden determines that the tree is dead or moribund within the
five-year period.
A.
A property owner or other person responsible for the replacement
of a City tree, City shrub or required tree pursuant to this chapter
shall follow the provisions of this section.
B.
The acceptable methods of replacement for a City shrub are:
(1)
Replacement of the City shrub with a comparable shrub, as determined
by the Tree Warden in his, her or their sole and absolute judgment,
at the location of the City shrub being replaced or at a different
location identified or approved by the Tree Warden; or
(2)
A payment to the Norwalk Tree Account, established in accordance
with this chapter, in the amount of the City shrub's assessed
value.
C.
The acceptable methods of replacement for a City tree other than
a legacy tree are:
(1)
Replacement of the City tree with a tree of equal or greater DBH
at the location of the City tree being replaced or at a different
location identified or approved by the Tree Warden;
(2)
An inch-for-inch replacement of the City tree with a number of replacement
trees with DBH of three inches or more totaling the DBH of the original
City tree at a location or locations identified or approved by the
Tree Warden. For example, if a City tree with a DBH of 24 inches is
removed, it may be replaced with six trees with DBHs of four inches;
or
(3)
A payment to the Norwalk Tree Account, established in accordance
with this chapter, in the amount of the tree's assessed value.
D.
The acceptable method of replacement for a City tree that has been
designated as a legacy tree is:
(1)
Replacement of the legacy tree with a number of replacement trees
with DBH of three inches or more totaling four times the DBH of the
original tree at a location or locations identified or approved by
the Tree Warden; or
(2)
A payment into the Norwalk Tree Account of four times the assessed
value of the legacy tree.
E.
Any replacement tree planted in accordance with this section must
be maintained by the person responsible for at least a period of five
years from the date of planting. The person responsible, or the property
owner if there is no person responsible, shall replace any tree that
dies during this time period, and such replacement tree shall be maintained
by the person responsible for at least a period of five years from
the date of planting of the replacement tree.
A.
There is hereby established an account known as the "Norwalk Tree
Account." Such account is established under authority of the Connecticut
General Statutes for the exclusive purpose of funding activities that
implement or promote the purpose of this chapter, including, but not
limited to, tree canopy and inventory assessments, creation of master
tree plans, and other reports consistent with best practices for urban
forestry management.
B.
The principal of the Norwalk Tree Account shall consist of the following:
(1)
All fines, processing fees, payments in lieu of planting, and other monies collected pursuant to this chapter, other than legal fees and costs collected pursuant to § 112-13, Enforcement, below;
(2)
All gifts and grants from any source, public or private, made to
the City and designated for trees or shrubs or improvements to the
urban forest;
(3)
Any funds from any source designated by the Common Council to be
added to the account; and
(4)
All investment income earned by the account.
C.
Expendable funds in the account may be spent for the purposes authorized
by this section upon recommendation of the Mayor and with the approval
of the Common Council. Expenditures may be made as follows:
(1)
All funds received by the account under Subsection B(1) of this section shall be used only for the purchase and planting of trees or shrubs.
(2)
Any restricted funds received by the account shall be expended in
accordance with such restrictions.
(3)
At least half of the remaining unrestricted funds shall be expended
for the purchase and planting of trees or shrubs.
(4)
All other unrestricted funds may be spent for any activity that is
consistent with the purpose of the account.
D.
Any budget proposed by the Mayor or approved by the Common Council,
and any appropriation made for the purchase and planting of trees
or shrubs, must not be reduced, ratably or otherwise, in consideration
of any funds in the account. Expenditures from the account shall add
to and not replace budgets and appropriations which also serve the
purposes of the account.
E.
Any remaining investment income shall be held in reserve for future
transfer and appropriation.
A.
The Tree Warden shall monitor the work of all public utilities to
ensure that such work does not adversely affect any tree or shrub
in any public place. Each public utility company proposing to conduct
tree and/or shrub alteration or removal activities in any public place
shall present an annual work plan to the Tree Warden that includes
the following items:
(1)
City Map showing all area(s) designated for tree and/or shrub alteration
or removal work.
(2)
Tree removal list, identifying all trees and shrubs that are proposed
for removal.
(3)
Name and phone number of licensed arborist(s) performing such work.
(4)
Name and phone number of utility contact person supervising such
work.
(5)
Tree and/or shrub replacement commitment; replacement determined
at the discretion of the Tree Warden.
B.
Such public utility work plan shall be submitted to the Tree Warden at least 30 days prior to the start of any activity by said public utility. The Tree Warden shall review, modify and approve such plan within 30 days from date of receipt, unless extended by either party. This section shall not apply to emergency and public hazard work specifically exempted under § 112-14, Exemptions, below.
A.
Any person who violates any of the provisions of this chapter shall
be notified by the Tree Warden of the specific violation by certified
or registered mail, return receipt requested, or by hand delivery.
The notice shall explain the nature of the violation and shall provide
a reasonable time period within which compliance must be achieved.
B.
Upon verbal or written notice from the Tree Warden that work is being performed contrary to any provision of this chapter, such work shall be immediately stopped by the person doing the work. Within seven days of any verbal or written notice, a stop-work order shall be provided to the owner of the subject lot, or to the owner's agent, or to the person doing the work, and the stop-work order shall state the conditions under which work is permitted to resume. Any person who continues work after having been served with a stop-work order, except such work as that person is directed by the Tree Warden or other City officials to perform to remove a violation or unsafe condition, shall be liable for a daily fine established in accordance with § 90-4, Approval of rates and fees, per violation, per tree or per shrub affected.
C.
Notwithstanding any other provision of this chapter, if the Tree
Warden determines that any violation of this chapter was willful,
the person responsible shall be liable for a civil penalty of up to
three times the assessed value of each affected tree or shrub.
D.
Whenever there is reasonable cause to believe that a person is violating
any provision of this chapter, the City may institute a civil action
in a court of competent jurisdiction for a mandatory or prohibiting
injunction ordering the defendant to either correct or cease the unlawful
use of the property.
E.
In addition to any fines hereunder, any person who is found to have
violated any provision of this chapter shall be responsible to the
City for any legal fees and costs that may be incurred by the City
in the enforcement of this chapter.
F.
Each failure to replace a tree or shrub or make a payment into the Norwalk Tree Account or to post and maintain a bond in accordance with this chapter, or to follow any of the provisions of this chapter, shall constitute a separate violation of this chapter for which there shall be a fine established in accordance with § 90-4, Approval of rates and fees. Each day such violation continues shall constitute a separate offense.
G.
The Chief of Operations and Public Works or his, her or their designee,
the Tree Warden, and employees of the Department of Public Works are
hereby authorized to enforce the provisions of this chapter.
This chapter shall not apply to any alteration or damage to
a tree or shrub that has been: 1) ordered or authorized by the Tree
Warden or other officials of the City of Norwalk on an emergency basis
because the tree or shrub is a hazardous tree or hazardous shrub that
represents so immediate a hazard to public safety or structure integrity
that alteration or damage cannot be deferred and that such hazardous
tree or hazardous shrub cannot be protected, secured, or stabilized
by reasonable temporary measures; or 2) otherwise properly permitted
and/or authorized in accordance with applicable state law or regulation.
Any person objecting to any decision of the Tree Warden under
this chapter may file a written appeal to the Tree Warden who shall
schedule a public hearing and shall post a public hearing notice,
including the scheduled time, date and location of such hearing, on
the affected tree(s) or shrub(s), if appropriate. Within three business
days of such hearing, the Tree Warden shall render a decision granting
or denying such appeal. Any person aggrieved by the Tree Warden's
decision may appeal such decision within 10 days to the Superior Court
for the Stamford/Norwalk Judicial District.
