[Adopted 10-9-2019; amended
in its entirety 3-8-2023]
This article shall be known and may be cited as the "Branford
Tree Ordinance, Branford, Connecticut."
It is the purpose of this article to protect, preserve, and
enhance the public trees that constitute the Town of Branford's
community forest and to provide for the safety of the public where
such safety demands the removal or pruning of any tree or shrub under
the Tree Warden's control by establishing a framework for tree
policies, regulations, and standards and by appointment of a Tree
Warden with responsibility for care and control of public trees. The
Town intends to be proactive in conserving the values associated with
these trees; encouraging maintenance, minimizing unnecessary removals,
and encouraging new street planting whenever possible. A healthy community
forest benefits the public interest in many ways, including the following:
improved air quality, reduced stormwater runoff and erosion, traffic
calming, quieter neighborhoods, energy savings, wildlife habitat,
increased property values and a generally improved quality of life.
This article has been adopted in conjunction with the recommendations
of the Town Tree Warden and Community Forest Commission.
As used in this article, the following terms shall have the
meanings indicated:
Connecticut General Statutes.
The diameter of a tree measured at a point 4.5 feet above
the ground.
Any individual, firm, partnership, association, corporation,
limited liability company, company, organization, or legal entity
of any kind, including any political subdivision of the state and
including any state agency.
The boundary between the land comprising a street and the
land that abuts thereon.
The owner of record of any parcel of land.
A street, road, public way or right-of-way owned by the Town,
including the entire width between the street lines or right-of-way
lines.
Woody plants, usually branched from the base, generally less
than 15 feet tall when mature.
Any and all property owned by the Town of Branford, including,
for the purposes of this article, such limbs, roots or parts of trees
and shrubs as extend into or overhang the limits of any municipal
road or grounds.
A woody perennial plant usually having one self-supporting
stem or trunk which has a definitely formed crown and is normally
expected to attain a mature height of over 20 feet.
The area beneath and surrounding the tree where roots are
located.
A.Â
The Town Tree Warden shall be appointed by the Board of Selectmen
in accordance with CGS § 23-58 as may be revised for a term
of two years.
B.Â
The Town Tree Warden shall meet all state requirements specified
in CGS § 23-59a for training and certification of successful
completion of coursework, or be a licensed arborist, or appoint a
deputy Tree Warden who meets the requirements in accordance with CGS
§ 23-59a as may be revised.
C.Â
Upon completion of the term of appointment, the reappointment of
the Tree Warden by the Selectmen shall only be granted if evidence
of compliance with CGS § 23-59a has been submitted into
the public record and additionally if such Tree Warden has successfully
carried out the duties of the Tree Warden as required in CGS § 23-59a
in the opinion of the Board of Selectmen.
D.Â
In order to make informed and knowledgeable decisions concerning
public safety and the health of municipal trees, a licensed arborist
may be a part of the decisionmaking process for all trees within the
Tree Warden's jurisdiction. If the Tree Warden does not possess
a current Connecticut arborist license, the Town shall be required
to contract the services of a Connecticut licensed arborist to work
in a consulting role with the Tree Warden. The Town shall maintain
a standing on-call contract with a Connecticut licensed arborist to
provide the above decisionmaking consulting services in situations
where public safety concerns are involved.
The Tree Warden shall, in accordance with CGS §§ 23-59
and 23-65, as may be revised:
A.Â
Have the care and control of all trees and shrubs in whole or in
part within the limits of any public road or grounds and within the
limits of the Town of Branford, except those along state highways
under control of the Commissioner of Transportation and public parks
or grounds which are under the jurisdiction of a board or commission
given authority for such care and control by Town ordinance, and of
these, the Tree Warden shall take the care and control if so requested
in writing by such board or commission. Such care and control shall
extend to such limbs, roots, and parts of trees and shrubs as extend
or overhang the limits of any such public road or grounds. The Tree
Warden shall expend all funds appropriated for setting out, care,
and maintenance of all trees and shrubs.
B.Â
Enforce all provisions of law for the preservation of trees and of
shrubs and of roadside beauty.
C.Â
Whenever, in the opinion of the Tree Warden, the public safety demands
the removal or pruning of any tree or shrub under the Tree Warden's
control, the Tree Warden may cause such tree, shrub, or group of shrubs
to be removed or pruned at the expense of the Town, and the Selectmen
shall order paid to the person performing such work such reasonable
compensation therefor as may be determined and approved in writing
by the Tree Warden. Unless the condition of such tree, shrub or group
of shrubs constitutes an immediate public hazard, the Tree Warden
shall, at least 10 days before such removal or pruning, post on each
tree or shrub and may post on each group of shrubs a suitable notice
stating the Tree Warden's intention to remove or prune such tree,
shrub or group of shrubs. If any person, firm or corporation objects
to such removal or pruning, such person, firm or corporation may appeal
to the Tree Warden, in writing by letter or digital submission, who
shall hold a public hearing at some suitable time and place after
giving reasonable notice of such hearing to all persons known to be
interested therein and posting a notice thereof on such tree, shrub
or group of shrubs. Within three days after such hearing, the Tree
Warden shall render a decision granting or denying the application,
and the party aggrieved by such decision may, within 10 days, appeal
therefrom to the superior court. The Tree Warden may, with the approval
of the Selectmen, remove any trees or other plants within the limits
of public road or grounds under the Tree Warden's jurisdiction
that are particularly obnoxious as hosts of insect or fungus pests.
D.Â
Remove or cause to be removed all illegally erected signs or advertisements
placed upon trees and/or shrubs within any public road or placed within
his/her jurisdiction.
E.Â
Review all proposed public utility work affecting trees as required in § 16-12, Utility maintenance.
F.Â
Maintain a list of the Town of Branford notable trees, as identified
by the Connecticut Notable Tree Project, and maintained in the database
at the Connecticut College Arboretum.
G.Â
Maintain the inventories, as may be available, of Town trees.
H.Â
Whenever the Tree Warden has received a communication from the public indicating a potential hazard created by a tree or shrub under his/her jurisdiction, the Tree Warden shall inspect such condition and determine if further action as specified in § 16-10C is necessary.
I.Â
Within the normal course of the Tree Warden's duties, the Tree Warden shall endeavor to identify trees or shrubs within the Tree Warden's area of jurisdiction which in the Tree Warden's opinion are hazardous and proceed to address such observed hazards per § 16-10C. This duty shall not constitute in any way an implication that all such hazards have been identified.
J.Â
Manage Public Communication.
(1)Â
It shall be the responsibility of the Tree Warden to receive and
respond to public requests for information about the management of
trees under the jurisdiction of the Tree Warden, and it shall be the
responsibility of the Tree Warden to keep records of the same.
(2)Â
It shall be the responsibility of the Tree Warden to establish and
publicize a clear process for communication between the public and
the Tree Warden.
C.Â
Issuance of permits. Any person, other than the Tree Warden or his/her
deputy, who desires to conduct any of the following activities within
the limits of any parcel of municipal property or public road or grounds
which may impact municipal trees or shrubs must apply for and receive
a written permit from the Tree Warden prior to conducting any such
activity.
(1)Â
Activities may include but are not limited to:
(a)Â
Removal, planting, treating, pruning, topping, or application
of fertilizer, pesticides, or other treatments. These activities may
be required to be conducted under the supervision of a CT licensed
arborist in compliance with CGS § 23-61B as may be revised.
(b)Â
Disturbance within root zone of any tree or shrub which may
result in damage to roots, existing vegetation, or soil which may
negatively impact health of trees or shrubs. Such activities may include
but are not limited to grading, excavating, snowplowing, filling,
driving; storage of vehicles, materials, or equipment; or, dumping,
stockpiling soil, debris, trash, signs, or other material; and application
or discarding of fertilizer or other chemicals.
(c)Â
Activities which deface, cut, mark, or injure the tree, such
as using climbing spurs on the tree or affixing or fastening of any
sign, playbill, picture, notice, advertisement, rope, wire, chain,
or other materials on, around or through any public trees or shrubs,
except in an emergency, such as storms or accidents. Draping of holiday
lights is exempt unless the lights are attached by nails, staples
or similar means, or lights are left on tree until they begin to restrict
bark growth.
(2)Â
Applications for activities involved with construction and/or site
development must document, in writing or on-site plans, proposed protective
measures and best practices, to ensure protection of existing trees
and shrubs and survival of proposed plantings. This must include watering
plan/schedule, maintenance of surrounding vegetation, mulching schedule,
etc.
(3)Â
The Tree Warden shall inspect or require inspection by a qualified
individual to ensure compliance with the permit.
(4)Â
The Tree Warden shall have the right to require stump removal, and
replacement of trees and shrubs or substitution of appropriate landscape
material as a condition of a permit for removal of trees or shrubs.
D.Â
For the purpose of shading or ornamenting highways or grounds, the
Tree Warden may at his/her discretion expend funds designated for
planting, trimming, spraying, care and preservation of shrubs or ornamental
or shade trees on private property located within 10 feet of public
road or grounds, with written consent of the property owner. All shrubs
and trees planted under this provision shall be deemed public shrubs
and trees and shall be under the care and control of the Tree Warden
and may be removed only upon issuance of written permit by the Tree
Warden.
E.Â
The Branford Department of Public Works is assigned the responsibility
to assist the Tree Warden in his/her duties.
A.Â
The Tree Warden shall review all proposed public utility work affecting
trees at the sites where work is proposed prior to determining whether
a permit will be considered. All utility pruning shall be performed
under the supervision of a Connecticut licensed arborist as required
by Connecticut General Statutes. The Tree Warden shall post notice
on all trees for which an application for removal or pruning has been
requested by a public utility, unless the Tree Warden has determined
that no permit will be issued. The Tree Warden or a person appointed
by the Tree Warden shall supervise the work as it is being performed.
B.Â
All trees to be removed will be posted by the Tree Warden for public
information purposes. State law prohibits utilities from pruning or
removing any tree or shrub that is not a hazard within or overhanging
a set area around poles and wires without providing advance notice
to abutting property owners. Such notice must include an option for
the property owner to consent or object to the pruning or removal,
and an opportunity to modify the utility's proposal. The notice
will give property owners 10 business days to raise concerns, and
ultimately to appeal to PURA if the matter cannot be resolved. This
process is defined in Chapter 283, § 16-234, of the Connecticut
General Statutes.
C.Â
Pruning practices will be consistent with the following:
(1)Â
The practice of ground-to-sky pruning for line maintenance is discouraged
except where it is unavoidable as determined by the Tree Warden.
(2)Â
Stumps designated by the Tree Warden, or other Town of Branford designee,
as a hazard to vehicular and/or pedestrian traffic shall be ground
flush with surrounding surfaces.
(3)Â
Limbs are to be pruned to branch collar and topping of trees is not
permitted. Topping is defined as the severe cutting back of limbs
to stubs larger than three inches in diameter within the tree's
crown to such a degree so as to remove the normal canopy and disfigure
the tree. Per ANSI pruning standards, no more than 25% of a tree's
foliage should be removed per trimming.
(4)Â
Exception: Trees severely damaged by storms or other causes where
other pruning practices are impractical may be exempted from this
section at the determination of the Tree Warden.
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 article.
A.Â
The Tree Warden shall be authorized to issue citations to any person, firm, or corporation for the following violations, in compliance with the procedure as set forth in Chapter 196 and as authorized by CGS §§ 23-59 and 23-65, as may be revised. Each individual action shall be considered a separate offense of the provisions of this article.
B.Â
Until such time as regulations are adopted per CGS § 23-59,
any person who violates any provision of this article or who fails
to comply with any notice issued pursuant to the provisions of this
chapter shall be subject to the following fines:
(1)Â
For the following violations, $50 for each separate offense, treated
as an infraction:
(a)Â
Attaching notices, advertisements, flyers, and similar items
to trees, shrubs, rocks, or other natural objects;
(b)Â
Cutting, painting, or marking trees, shrubs, rocks, or other
natural objects, except to protect them or the public (such as blazing
a trail);
(c)Â
Using climbing spurs to climb an ornamental or shade tree.
(2)Â
For removal or damage to a tree that necessitates removal: court
action.
(3)Â
For the following violations, $250 for each separate offense, first
offense treated as an infraction, subsequent offenses treated as a
Class C misdemeanor, punishable by a fine of up to $500 and up to
three months in prison:
