[HISTORY: Adopted by the Town Council of
the Town of Wethersfield 11-18-1991.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 139.
[1]
Editor's Note: This ordinance also repealed
former Ch. 153, Trees and Shrubs, adopted as Secs. 7-1-1 through 7-1-3
of the Code of 1972.
A.
Trees are proven producers of oxygen, a necessary
element for the survival of mankind; trees reduce the carbon dioxide
content of the air and, in general, play a role in air purification;
trees play a role in neutralizing wastewater which passes through
the ground from the surface to groundwater tables and lower aquifers;
trees stabilize soil and play an important role in soil conservation,
erosion control and flood control; trees are an invaluable physical
and psychological addition to the Town, making life more comfortable
by providing shade and cooling both air and land, reducing noise levels
and glare and breaking the visual monotony of the development of the
land with their beauty; and the protection of trees within the Town
of Wethersfield is not only desirable but essential to the present
and future health, safety and welfare of all citizens of the Town
of Wethersfield.
B.
It is the policy of the Town of Wethersfield to regulate
and control planting, removal, maintenance and protection of trees
and shrubs in the Town in order to eliminate and guard against dangerous
conditions which may result in injuries to persons using the public
areas and public ways of the Town, to, promote and enhance the beauty
of the Town, to prevent damage to any public sewer, utility or water
main, street, sidewalk or other public property, to protect trees
and shrubs located in public areas from undesirable and unsafe planting,
removal, maintenance and protection practices and to guard all trees
and shrubs on public areas within the Town against the spread of disease
or pests. The provisions of this chapter shall apply to all trees
and shrubs presently or hereafter planted in or upon any public area
and to all trees and shrubs planted in or upon private premises which
shall endanger the life, safety or health of persons or property within
the Town of Wethersfield.
As used in this chapter, the following terms
shall have the meanings indicated:
Include all operations of trimming, pruning, spraying, injecting,
fertilizing, treating, bracing, surgery and cutting above or below
ground.
The permanent placement of any tree or shrub above or below
ground.
Includes all public ways, parks and other lands owned or
leased by the Town.
Includes all public streets, roads, boulevards, alleys and
sidewalks.
The actual physical removal or the effective removal through
damaging, poisoning or other direct or indirect action resulting in
or likely to result in the death of a tree.
Include all woody vegetation presently or hereafter planted
on any public areas or private premises.
A.
The Town Tree Warden shall be appointed by the Town
Council and shall have all powers, duties and authorities ascribed
to him/her as set out in the Connecticut Public Shade Tree Statutes,
particularly Connecticut General Statutes Sections 23-58, 23-59, 23-60
and 23-65, as the same may be amended, and this chapter.
B.
In addition, the Town Tree Warden shall be empowered
to issue permits for the planting of trees or shrubs by private parties
on public areas or public ways so long as said permits are in accordance
with the Connecticut Public Shade Tree Statutes and the contents of
this chapter.
A.
There shall be a Shade Tree Commission which shall
be composed of five members appointed by the Town Council for staggered
three-year terms to serve as advocates for the choice and care of
attractive trees. Initially, one member shall be appointed for a term
ending June 30, 1992; two members shall be appointed for terms ending
June 30, 1993; and two members shall be appointed for a term ending
June 30, 1994.
B.
The requirements and duties of these members shall
be:
(1)
To have a working knowledge of the habitat, planting,
growth, care and placing of trees.
(2)
To develop and maintain a working relationship with
the Town Tree Warden.
(3)
To assist the Warden in assuring that an appropriate
tree or trees are planted in properly designated locations.
(4)
To compose a list of desirable tree species appropriate
to Wethersfield.
(5)
To serve voluntarily as contact persons for the Town
Manager and the Director of Physical Services.
(6)
To serve as the Warden's assistants on occasions when
contractors, public utilities contractors or Town laborers are working
in or adjacent to Town trees.
(7)
To ensure that the intent and provisions of this chapter
are carried out to the fullest extent possible.
No person, company, utility or government agency
shall, in any public area or public way of the Town of Wethersfield,
prune, remove, deface, cut, paint, mark, injure, mutilate, kill or
destroy any tree or shrub, permit any animal under their control to
do so, permit any fire to injure any portion of any tree or shrub
or permit any toxic chemical to seep, drain or be emptied on or about
any tree or shrub. During construction operations, the contractor
shall erect suitable protective barriers around public trees and shrubs
which may be injured as a result of his/her activities.
No person shall fasten any sign, playbill, picture,
notice, advertisement, rope, wire, climbing spurs or other materials
to, around or through any public trees or shrubs except in an emergency,
such as storms or accidents.
Public utility work affecting trees or shrubs
shall be limited to the actual necessities of the service of the company.
Such work shall be reviewed by the Town Tree Warden prior to being
undertaken and such work shall be done in a neat and professional
manner. The Town Tree Warden shall, to the extent possible, supervise
the work performed.
[Amended 10-1-2007]
The Town Tree Warden shall have the authority
to plant, remove, maintain and protect trees and shrubs on all public
areas and public ways or which extend into or overhang the limits
of all public areas and public ways as may be necessary to ensure
and preserve the symmetry and beauty of such grounds and ways. The
Town Tree Warden may consult with the Shade Tree Commission in regard
to the performance of his/her duties.
Any tree or shrub or part thereof growing upon
private or public property which is interfering with the use of any
public area, infected with infectious plant disease or endangering
the life, health or safety of persons or property is declared a public
nuisance. If the Town Tree Warden shall determine, with a reasonable
certainty, that any nuisance tree or shrub, as herein described, or
any part thereof exists in or upon any public area or public way,
he/she shall immediately cause it to be treated, trimmed, removed
or otherwise abated in such manner as to destroy or prevent the spread
of the nuisance. If the Town Tree Warden shall determine, with reasonable
certainty, that any nuisance tree or shrub, as herein described, exists
in or upon any private premises, he/she shall, in writing, notify
the owner or tenant having charge of such premises. Within 30 days
after issuance of said notice, said person shall cause the treatment,
trimming or removal and destruction of said nuisance tree or shrub
as directed in the written notice. No damage shall be awarded the
owner for the destruction of trees or shrubs destroyed pursuant to
this chapter. In case the owner or tenant having charge of such premises
shall refuse or neglect to comply with the terms of the written notice
within 30 days after receiving it, the Town Tree Warden shall cause
the removal, treatment or trimming of said nuisance tree or shrub.
The expense thereof shall be charged to the owner of said premises
on which said tree or shrub is located and, with respect to the cost
for removing that portion interfering with any public area or public
way, shall become a lien on the property upon recordation of notice
thereof on the Town land records.
[Amended 10-1-2007]
A person who receives an order from the Town
Tree Warden and objects to all or a part thereof may, within 10 days
of receipt of said notice, notify the Shade Tree Commission, in writing,
of the nature of the objection and request a hearing thereon. Within
10 days of the receipt of such notice of appeal, the Shade Tree Commission
shall schedule a hearing before said Commission or its designated
subcommittee to hear the objection. The hearing shall be held within
10 days of notice to the appellant. Within 10 days after such hearing,
the Shade Tree Commission shall, in writing, notify the appellant
and the Town Tree Warden of its decision. The Town Tree Warden shall
be present at such hearing.
[Amended 9-4-2018]
There shall be a Master Street Tree Plan. The
Master Street Tree Plan shall consist of Townwide, street-by-street
written evaluation of all space and site factors which will aid in
the determination of the tree species best suited to a particular
planting site in regard to growing habits, shape, form, health, disease
and pest resistance, conflicts with wires, lights, pavement, traffic,
pedestrians, sidewalks, environmental pollution, sewers and space
availability. The evaluation of the space and site factors and the
species selection for a particular street shall be made by the Town
Tree Warden, with the advice of the Shade Tree Commission. Any and
all landscaping plans submitted to the Planning and Zoning Commission
shall be reviewed by the Tree Warden.
The following specifications and standards are
hereby established for the planting, trimming and removal of trees
and shrubs in the public ways and public places of the Town:
A.
Planting.
(1)
The Tree Warden, in consultation with the Shade Tree
Commission, shall develop a list of species suitable for planting
below overhead utility lines. No other species shall be permitted.
Trees prohibited for planting in public spaces shall be identified
by the Commission.
(2)
All trees to be planted will be not less than 1 1/2
inches in diameter of trunk at six inches above ground level.
[Amended 5-4-2009]
(3)
No tree shall be planted closer than two feet from
the curbline or outer line of the sidewalk, except by special permit
from the Tree Warden. All trees shall be planted at a spacing of between
40 and 60 feet from each other, depending on the species of the tree.
[Amended 10-1-2007]
(4)
No tree shall hereafter be planted at or within 20
feet of an intersection.
(5)
Efforts
will be made to install all new trees using good planting practices
to provide maximum survivability and longevity.
[Added 9-4-2018]
B.
Trimming.
(1)
All trees and shrubs on public or private property
which have branches overhanging a public street shall have said branches
trimmed to a clearance height of 14 feet; all trees and shrubs on
public or private property which have branches overhanging a public
sidewalk shall have said branches trimmed to a clearance height of
10 feet. The Town Tree Warden may waive the provisions of this subsection
for newly planted trees if he/she determines they do not interfere
with public travel, obstruct the light of any streetlight or endanger
public safety.
(2)
All deadwood, stubs, broken branches, badly formed
branches, disease-infected and insect-infested branches and branches
interfering with public travel, lighting, existing buildings and traffic
signs shall be removed during the trimming operation, with consideration
given to the symmetry and beauty of the tree or shrub.
C.
Removing. All public trees and shrubs which are marked
for cutting shall be completely removed from the growing site and
disposed of in an authorized manner. The stump shall be ground out
to a depth suitable for future planting of trees or turf. Before any
town tree(s) may be removed, parties must obtain approval from the
Tree Warden.
[Added 9-4-2018]
The Town Tree Warden or his/her representatives,
after giving advance notice to the owner or tenant having charge,
shall have the authority to enter upon private premises at reasonable
times for the purposes of examining and inspecting any suspected nuisance
tree or shrub or otherwise fulfilling their duties herein.
When it is necessary to expedite the removal
of damaged or destroyed trees in the interest of public safety, health
and general welfare, the Town Manager may, by decree, suspend the
requirements of this chapter.
[Amended 9-4-2018]
Violation of § 153-5 of this chapter shall be punishable by a fine not to exceed $100, or such greater amount as may be allowed by statute, and such person shall be liable in a civil action for damages in accordance with Section 52-560 of the Connecticut General Statutes, as the same may be amended. Violation of § 153-6 of this chapter shall be punishable by a fine not to exceed $50, or such greater amount as may be allowed by statute, and such person may be subject to such civil damages or criminal penalties as may be prescribed by statute. Each unauthorized pruning, removal, defacing, cutting, painting, marking or injuring of a tree protected by this chapter or other act prohibited by §§ 153-5 and 153-6 of this chapter shall be deemed a separate offense. Any and all tree(s) removed or killed as a result of said damage shall be replaced at the expense of the person, company, utility or government agency who removed or killed the tree(s).
Former Town Code §§ 153-1, 153-2 and 153-3 relating to the preservation and protection of all trees within the Town of Wethersfield[1] are hereby repealed.
[1]
Editor's Note: Said sections comprised former
Ch. 153, Trees and Shrubs, adopted as Secs. 7-1-1 through 7-1-3 of
the Code of 1972.
[Added 10-1-2007]
No person shall unreasonable hinder, prevent,
delay or interfere with the Town Tree Warden or his/her agents while
engaged in the execution or enforcement of this chapter.
