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:
CGS
Connecticut General Statutes.
PERSON
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.
PROPERTY LINE
The boundary between the land comprising a street and the
land that abuts thereon.
PUBLIC ROAD
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.
SHRUB
Woody plants, usually branched from the base, generally less
than 15 feet tall when mature.
TOWN PROPERTY
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.
TREE
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.
TREE ROOT ZONE
The area beneath and surrounding the tree where roots are
located.
The Tree Warden shall, in accordance with CGS §§ 23-59
and 23-65, as may be revised:
A. 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. Enforce all provisions of law for the preservation of trees and of
shrubs and of roadside beauty.
C. 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. 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. Review all proposed public utility work affecting trees as required in §
16-12, Utility maintenance.
F. 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. Maintain the inventories, as may be available, of Town trees.
H. 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. 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. Manage Public Communication.
(1) 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) 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.
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.