This chapter shall be known and may be cited as the "Brookfield Tree
Ordinance."
It is the purpose of this chapter to promote and protect the public
health, safety and general welfare by providing for the regulation of the
planting, maintenance and removal of trees, shrubs and other plants within
the Town.
The following words, terms or phrases, as used in this chapter, shall
have their given meanings:
IMMEDIATE PUBLIC HAZARD
A public nuisance, the maintenance of which is of so serious a nature
as to constitute an immediate hazard to the health of persons other than the
persons maintaining such nuisance or filth.
PERSON
An individual, corporation, including a public utility company, partnership
and association.
PUBLIC AREA
Includes all public highways, parks and other lands owned by or leased
to or under the control of the Town.
PUBLIC NUISANCE
Any tree or shrub or part thereof growing upon private or Town property
which is interfering with the use of any Town property, infected with infectious
plant disease, or endangering the life, health or safety of persons or property.
TREES AND SHRUBS
Include all woody vegetation presently or hereafter planted in any
public or private premises.
This chapter is enacted pursuant to the provisions of C.G.S. §§ 7-148(b),
7-148(c)(6)(A)(v), 7-148(c)(7)(B), 7-148(c)(7)(E), 7-148(c)(7)(H)(x), and
7-148(c)(7)(H)(xi) and 19a-206.
No person other than the Tree Warden may perform any of the following
acts without first obtaining from the Warden a permit for which no fee shall
be charged, and nothing in this section shall be construed to exempt any person
from the requirements of obtaining any additional permits as are required
by law:
A. Plant, spray, fertilize, preserve, prune, remove, cut
above ground or otherwise disturb any tree on any public area.
B. Place on any public area, either above or below ground
level, a container for trees or shrubs.
C. Damage, cut, tap, carve or transplant any tree or shrub
located on any public area.
D. Attach any rope, wire, nail, sign, poster or any other
man-made object to any tree or shrub located on any public area.
E. Cause damage to the root zone of any tree or shrub located
on any public area by digging a tunnel or trench, moving or storage of construction
vehicles, materials, or equipment, or changing of the grade within the drip
line.
Any person or entity aggrieved by any order issued by the Tree Warden
may appeal, in writing, to the Board of Selectman, within 10 days of receipt
of written notice from the Tree Warden of said order. The Board of Selectman
shall hear said appeal within 30 days of receipt of said written notice of
appeal and shall render a decision on the appeal within 30 days following
the date of the hearing. The Board of Selectman may sustain the appeal, in
whole or in part, may dismiss the appeal and may take such further action
concerning said appeal as the Board of Selectmen deems appropriate. The decision
of the Board of Selectman shall be final and no further appeal shall be permitted.