As used in this chapter, the following terms shall have the meanings indicated:
ALTER
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.
ASSESSED VALUE
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.
BEST INTEREST
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.
CITY TREE
Any tree in a public place and, depending on the relevant facts, may include a streetscape tree.
DAMAGE
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.
DRIP LINE
A conceptual line along the ground that conforms to the perimeter of the crown of the tree and projects vertically to the ground.
HAZARDOUS SHRUB
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.
HAZARDOUS TREE
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.
LAND USE REGULATORY AUTHORITY
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.
LEGACY TREE
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.
MASTER TREE PLAN
A document prepared by the Tree Advisory Committee pursuant to the chapter.
PERSON
Any individual, firm, partnership, association, company, trust, corporation, or organization of any kind.
PRUNING (TRIMMING)
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.
PUBLIC PLACE
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.
REMOVE
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.
REQUIRED TREE
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.
RIGHT-OF-WAY
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.
SHRUB
Woody plants, usually branched from the base, generally less than 15 feet tall when mature.
STREETSCAPE TREE
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.
STREETSCAPE TREE INVENTORY
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.
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.
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.