This chapter shall amend and restate the "Tree Preservation
Ordinance of the Town of Westfield," and shall hereinafter be referred
to as the "Protect the Trees of Westfield Ordinance."
A.
Promote the general welfare. The governing body of the Town of Westfield
finds and concludes that trees have many important roles within our
community. Because of this, trees on public and private property are
to be protected and preserved. Trees play an important role in contributing
to the character and beauty of Westfield. Trees also provide significant
environmental and personal health benefits. It is the intent of this
chapter to promote the general welfare of the people of the Town by
protecting, regulating, planting, and cutting trees in such a way
as to preserve the environment. Trees that should be protected include,
but are not limited to, shade and ornamental trees and other trees
that act as barriers to surface water flow and soil erosion, or that
otherwise provide an environmental benefit to the Town.
B.
Coordination. It shall further be the policy of the Town of Westfield
to improve and coordinate the environmental plans of the Town with
the federal and state governments for the protection, regulation,
and planting of trees within the Town.
A.
Air pollution prevention. Trees reduce air pollution by absorbing
carbon dioxide and releasing oxygen. It is absolutely essential to
our citizens to remove pollution from our air. It takes approximately
20 mature trees to clean the air of gases produced from vehicular
traffic consuming five gallons of gasoline. Healthy trees greatly
assist in the battle against air pollution since moist tree foliage
traps dust and soot particles until the rain washes them away. Trees
also filter and absorb carbon dioxide, which is a by-product of the
combustion of organic fuel materials.
B.
Sound barriers. Properly planted and nurtured trees are also needed
since they create sound barriers that help in the reduction of the
noise level made by vehicular traffic, trains, and air traffic.
C.
Flooding. Trees reduce runoff and flooding, and they remove harmful
water nutrients.
D.
Aesthetics. Trees provide character to neighborhoods, businesses,
and public buildings.
E.
Energy. Trees save energy by providing shade cover for commercial
and residential buildings.
F.
Additional environmental benefits. Shade and ornamental trees provide
shade, beauty, and grace to the Town. Trees also act as barriers to
surface water flow and soil erosion which, without the proper control,
could become a problem in the Town.
A.
AESTHETIC IMPROVEMENT CUT
CALIPER
CLEAR CUTTING
CODE ENFORCEMENT OFFICER
DIAMETER BREAST HEIGHT or DBH
DRIPLINE
PERSON
REPLACEMENT TREE
ROOT SYSTEM
SELECTIVE CUTTING
SHADE TREE
SITE PLAN
STOP-WORK ORDER or ORDER
SUBDIVISION
THINNING
TOWN
TOWN CODE
TOWN TREE
TREE
TREE BOND
TREE INVENTORY
TREE PRESERVATION CODE ENFORCEMENT PANEL or PANEL
TREE PRESERVATION COMMISSION or COMMISSION
TREE PRESERVATION PLAN or PLAN
TREE REMOVAL APPLICATION or APPLICATION
TREE REMOVAL PERMIT or PERMIT
TREE TRUST FUND
Definitions. Whenever used in this chapter, unless a different meaning
clearly appears from the context, or unless a different meaning is
stated in a definition applicable to only a portion of this chapter,
the following terms shall have the meanings indicated:
The removal, to the extent possible, of the minimum number
of the smallest and poorest specimens of trees so as to permit land
development and the retention of the maximum number of the larger
and better specimen of trees.
Caliper is a type of diameter measurement used in the nursery
industry. The height measurement shall be taken from the ground level
for field grown stock and from the soil line for container grown stock,
which should be at or near the top of the root flare. Caliper measurement
of a trunk shall be taken six inches above the top of root flare up
to and including four-inch caliper size. If the caliper at six inches
above the ground exceeds four inches, the caliper should be measured
at 12 inches above the top of root flare. Seldom are trees perfectly
round. The most accurate measurement will result from the use of a
diameter tape. Caliper measurements taken with manual or electronic
slot or pincer-type caliper tools should be the average of the smallest
and largest measurement.
The removal of all standing trees on a lot or portion of
a lot.
The official of the Town charged with the responsibility
of administering this chapter. In the absence of a designation by
the Town Administrator, the Code Enforcement Officer shall be the
Town Engineer. The Code Enforcement Officer shall be responsible for
the enforcement of the provisions of this chapter. In this regard,
the Code Enforcement Officer is authorized and shall perform any necessary
inspections and is further authorized and shall issue violation notices
and shall sign complaints and provide testimony in the Town of Westfield
Municipal Court for violations of this chapter.
The diameter of a tree measured at a point on the tree 4.5
feet from ground level.
The circular area surrounding a tree, the radius of which
area shall be the distance from the trunk of the tree to the outermost
branch of the tree.
Any individual, firm, partnership, association, corporation,
agency or other entity.
The tree, including a description of the species and the minimum diameter and height, which is required pursuant to § 29A-22.
Those tree roots within the dripline perimeter.
The removal of larger trees on an individual basis while
leaving trees of lesser size for future harvest.
Any species of tree having characteristics which help provide
shade, as determined by the Code Enforcement Officer.
A development plan as defined in Chapter 25 of the Town Code.
An order issued by the Code Enforcement Officer to stop any
tree work or other activity which he or she believes is occurring
in violation of any provision of this chapter.
The division of a lot, tract or parcel of land, including minor subdivisions and major subdivisions, as defined in Chapter 25 of the Town Code.
The removal of undesirable, competitive, diseased or damaged
trees so as to cultivate and improve the development of the remaining
trees on a lot.
The Town of Westfield.
The Town Code of the Town of Westfield.
A tree located on land owned by the Town or a tree whose
base is located in whole or in part within the public right-of-way.
Any deciduous or coniferous species which reaches a typical
mature height of at least 25 feet and a typical mature DBH of four
inches or greater.
The bond which shall be posted for two years to provide for
the cost of a replacement tree if such replacement tree dies during
such two-year period.
The inventory prepared by the Tree Preservation Commission
which lists the trees on vacant and subdividable lots in the Town.
The Panel created to review appeals of permit denials and
other actions by the Planning Board or Board of Adjustment, or the
Code Enforcement Officer, pursuant to the provisions of this chapter.
The Commission created to assist the Planning Board or Board
of Adjustment, as the case may be, and the Code Enforcement Officer
in an advisory capacity on tree preservation and management matters
pertaining to the Town.
The additional information required as part of the tree removal
application where property is being developed and requires subdivision
or site plan approval.
The written form required to be completed in applying for
a tree removal permit.
The permit issued by the Code Enforcement Officer authorizing
removal of trees as regulated by this chapter.
The fund created to collect money, pursuant to this chapter,
for the purchase and planting of replacement trees. The Tree Trust
Fund shall be administered under the direction of the Code Enforcement
Officer in conjunction with the Town Administrator, and it shall include
funds provided by developers pursuant to this chapter as well as donations,
grants or bequests made to the trust fund.
B.
Interchangeability. Words used in the present tense include the future;
words in the masculine gender include the feminine and neutral, and
the singular number includes the plural and the plural the singular.
C.
Direction. "May" or "should" indicates a permissive direction; "must"
or "shall" indicates a mandatory direction.
D.
Terms defined in other codes. Where terms are not defined in this
chapter and are defined in the Town Code, they shall have the same
meanings as ascribed therein.
E.
Removal. References in this chapter to the "removal" of trees shall
be deemed not to include the routine pruning of trees or the routine
removal of tree branches and limbs.
