[Adopted 6-4-2019 by G.O. No. 2137; amended 5-28-2024 by G.O. No. 2024-12]
This chapter shall amend and restate the "Tree Preservation Ordinance of the Town of Westfield."
[Adopted 6-4-2019 by G.O. No. 2137; amended 5-28-2024 by G.O. No. 2024-12]
(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 to the greatest extent possible. 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 and overall character of the Town of Westfield. Trees that should be protected include, but are not limited to, shade, ornamental and evergreen trees that 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 statutes for the protection, regulation, and planting of trees within the Town.
[Adopted 6-4-2019 by G.O. No. 2137; amended 5-28-2024 by G.O. No. 2024-12]
(a)
Air pollution prevention. Trees reduce air pollution by absorbing carbon dioxide and releasing oxygen. It is 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 can assist in reducing runoff and flooding both during and after a rain event.
(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, thereby reducing air conditioning usage; and providing windbreaks during colder seasons, thereby reducing heating usage.
[Adopted 6-4-2019 by G.O. No. 2137; amended 5-28-2024 by G.O. No. 2024-12]
(a) AESTHETIC IMPROVEMENT CUT CALIPER CLEAR CUTTING CODE ENFORCEMENT OFFICER DIAMETER BREAST HEIGHT or DBH DRIPLINE PERSON REPLACEMENT TREE ROOT SYSTEM SELECTIVE CUTTING SITE PLAN STOP-WORK ORDER or ORDER SUBDIVISION THINNING TOWN TOWN CODE TOWN TREE TREE (Evergreen) TREE (Ornamental) TREE (Shade) 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 utilized in the arboricultural industry.
The removal of all standing trees on a lot.
The official of the Town charged with the responsibility of administering this chapter. 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-16.
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.
A development plan as defined in the Land Use Ordinance of the Town of Westfield and 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 the Land Use Ordinance of the Town of Westfield and 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 or on public lands.
A single or multi stemmed plant protruding from grade level that maintains its foliage throughout its lifespan.
A single- or multi-stemmed plant protruding from grade level reaching a mature height of 35 feet with an average life span of 30 years.
A single- or multi-stem plant protruding from grade level reaching a mature height exceeding 25 feet with an average life span exceeding 50 years.
The bond which may be posted for two years to provide for the cost of a replacement tree if such replacement tree dies during such a 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 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.