[HISTORY: Adopted by the Board of Directors of the Town of Manchester as indicated in article histories. Amendments noted where applicable.]
Authority to regulate trees on streets and public grounds — See § 1-3(48).
Tree Warden; tree protection — See C.G.S. 23-58 et seq.
License — See C.G.S. Title 21.
[Adopted as Secs. 9-1 to 9-2 of the 1996 Code]
This article shall be known and may be cited as "The Town of Manchester Tree and Shrub Spraying Notice Ordinance."
It shall be unlawful for any person or corporation to spray or cause to be sprayed any chemicals, in liquid, powder or other form, which have a detrimental effect upon domestic bees, persons, and pets, upon trees and shrubs on any property within the borders of the Town without first notifying all beekeepers registered within the Town located within two miles of the site of any proposed spraying and further notifying occupants of the property to be sprayed and of all property abutting the property of the site of said spraying. The notice to the beekeepers shall be by telephone at least two days prior to the date of the planned spraying. The notice to the occupants shall also be by telephone or in writing and, if in writing, be either mailed to their addresses or placed at the main entrance to their addresses. The notice to occupants must be received at least 48 hours prior to the time of said spraying. If the spraying date is changed, the parties entitled to receive a notice must be notified again of the new date. Both the sprayers and the parties contracting for the spraying shall be responsible for completing these notice provisions.
Any person who violates any provision of this section shall, upon conviction, be punished in accordance with § 1-2 of this Code.
All violations concerning licenses shall be forthwith reported to the state's attorney for prosecution.
It is the purpose of this article to promote and protect the public health, safety and general welfare by providing for regulation of the planting, maintenance and removal of trees and shrubs within the Town of Manchester. It is the intent of the Board of Directors that the provisions of this article be construed so as to promote the planting, maintenance, restoration and survival of desirable trees and shrubs within the Town of Manchester. This article provides full power and authority over all trees located within streets, rights-of-way, parks and public spaces of the Town and trees located on private property that constitute a hazard or threat as hereinafter defined.
As used in this article, the following terms shall have the meanings as indicated:
- An individual, corporation, including a public utility company, partnership and association.
- PROPERTY OWNER
- The owner of record of any parcel of land.
- Woody plants, branched from the base, generally less than 15 feet tall when mature.
- TOWN PROPERTY
- Any and all property owned by the Town of Manchester and any public right-of-way maintained by the Town of Manchester, including, for the purposes of this article, such limbs, roots or parts of trees and shrubs as extend or overhang the limits of any municipal road or grounds.
- A woody plant, usually with one main trunk, reaching a height of at least 15 feet when mature.
The General Manager shall appoint a Tree Warden, who shall have all powers, duties and authority as set forth herein as well as in the Connecticut Public Shade Trees Statutes, particularly Connecticut General Statutes Sections 23-58, 23-59, 23-60 and 23-65, as the same be amended, and this article. The Tree Warden shall have a working knowledge of arboricultural practices through formal education and/or directly related experience. The Tree Warden shall have full power and authority over all trees and shrubs located within the public areas and, to the extent provided herein, on private property.
The Town's Conservation Commission shall function as the Tree Advisory Board. The duty of the Tree Advisory Board is to ensure that the intent and provisions of this article are carried out to the fullest extent possible by developing and maintaining a working relationship with the Tree Warden.
Public utility work on either public or private property shall be limited to the actual necessities of the service of the company or agency. Notwithstanding the obligations of public utility companies, pursuant to State Statutes and the State Vegetation Management Task Force Final Report dated August 28, 2012, the plans of any public utility company shall be reviewed by the Tree Warden prior to being undertaken, and said review shall include the following:
Notifying the Town's Tree Warden at least 30 days in advance when the utility company proposes to remove trees on public or private property.
Identifying the trees to be removed by tagging each tree.
Notifying all property owners on a street when trees are proposed for removal on more than one property on a street.
Meeting with the Tree Warden to review the trees proposed for removal to consider the Tree Warden's opinion as to the need for removal. Such plans shall be reviewed by the Tree Warden prior to being undertaken, and the work shall be done in a neat and professional manner. The Tree Warden shall, to the extent possible, supervise the work performed. The Tree Warden has the right to require replacement of trees or shrubs or substitution of appropriate landscape material.
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 and safety of persons or property is declared a public nuisance.
If the 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 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 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 article.
In the event 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 Tree Warden, upon approval of the General Manager, shall cause the removal, treatment or trimming of said nuisance tree or shrub. The decision for such removal, treatment or trimming shall be deemed a final decision subject to appeal pursuant to Tree Advisory Board. 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 of 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.
Emergency tree and shrub removal. When it is necessary to expedite the removal of damaged or destroyed trees or shrubs in the interest of public safety, health and general welfare, the General Manager may, by decree, suspend the requirements of this article.
Damage to trees and shrubs. No person, company, utility, state or federal agency shall, in any public area or public way of the Town of Manchester, except as authorized by the Conservation Commission in areas under its jurisdiction, including managed municipal forested areas, prune, remove, deface, cut, paint, mark, injure, mutilate, kill or destroy any tree or shrub or permit any animal under his/her or its control to do so, permit any fire to injure any portion of any tree or permit any toxic chemical to seep, drain or be emptied on or about any tree. During construction operations, the contractor shall erect suitable protective barriers around public trees which may be injured as a result of his/her activities.
Fastening materials to trees and shrubs. 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.
Any person who violates any provision of this article or who fails to comply with any notice issued pursuant to the provisions of this article shall be subject to a fine not to exceed $100 for each separate offense; each day during which any violation of this article shall occur or continue shall be a separate offense.