This ordinance shall apply to all trees that
partially or completely overhang. trunk or encroach upon any public
right of way or public place within the Borough of Newtown and that
have a trunk diameter of two feet in diameter or more. This ordinance
applies to trees, including their roots, trunk and branches, presently
in existence, as well as trees planted in the future, and to trees
when they grow to regulatory designated size in diameter. These trees
are designated "Public Trees".
Public Trees that measure in diameter of two
feet or more are declared to be beneficial natural and/or public resources.
To that end it shall be unlawful to willfully cut, damage, poison,
injure, destroy or cause to be destroyed, without permit, any Public
Tree, except in accordance with the provisions of this ordinance.
It is recognized that excavation within two thirds of a drip line
risks significant injury and destruction to a tree. Therefore, no
excavation shall be done within 2/3 of the drip line of a Public Tree,
without a permit. Permits shall also be required for any excavation
which may encroach upon the root system of a Public Tree. A permit
shall be granted if the applicant proves to the Board of Burgesses
that said cutting and excavation will not risk damage, injury, destruction
or cause to be damaged, injured or destroyed, the integrity and utility
of the Public Tree.
For purposes of this ordinance, certain terms
are defined as follows:
BOROUGH
Borough of Newtown, State of Connecticut.
DIAMETER
Diameter of a Public Tree in inches measured at four feet
above the existing grade.
DRIP LINE
An imaginary, perpendicular line that extends downward from
the outermost tips of the Public Tree branches to the ground.
PUBLIC RIGHT-OF-WAY
Public streets, sidewalks, highways. State rights of way,
lanes, alleys, parks, parkways, playgrounds, and other public grounds.
PUBLIC TREE
A tree as referenced in §
B59-1, one that partially or completely overhangs, trunks or encroaches upon any public right of way or public place within the Borough of Newtown.
REMOVE or REMOVAL
The actual removal of a tree by digging up, cutting down,
or the effective removal through injury or damage.
TREE
A woody type plant having one or more trunks two feet or
more in diameter.
The provisions of this ordinance shall not apply
to:
A. A tree that does not qualify under §
B59-1 of this Ordinance;
B. The removal of dead limbs;
C. Preservation maintenance and pruning care;
D. Emergency circumstances where risk of imminent harm
and further proximate injury exists to persons or tree;
E. Public Tree trimming for utility wires;
F. A residential and/or commercial real property owner
where a Public Tree either partially or completely overhangs, encroaches,
upon or trunks in said owner's real property. Said exception shall
only apply to a residential real property owner and/or commercial
real property owner insofar as that Public Tree which overhangs, encroaches
upon, or trunks in said owner's real property.
Any person, firm, partnership, corporation,
agency, authority or municipality that violates any provision of this
ordinance shall be fined not less than $5, not more than $100 for
each offense, or the maximum permitted by law, where the maximum exceeds
$100 for each offense. Any person that violates said ordinance may
be imprisoned, but not for more than 29 days or the maximum time permitted
by law whichever is less. All rights of equitable relief are preserved.
In addition to the penalties provided herein,
any person, firm, partnership, corporation, agency, authority or municipality
that violates any provision of this ordinance shall pay to the Borough
a penalty equal to the total value of those Public Trees illegally
removed, damaged, injured, cut and placed at risk, as calculated by
the total cost of replacement. Replacement of illegally removed Public
Trees may be required, or a combination of replacement and money.
Said sum of money shall accrue to the Borough and may be recovered
in a civil action. Said sum so collected shall be placed in a special
fund and shall be expended for the purchase of replacement or preservation
of Public Trees.
The Borough reserves authority to lawfully preserve
the Public Trees however it feels best.