Sec. 14-130. Purpose.
It is the purpose of this article to promote and protect the public health, safety and general welfare by providing for the regulation of planting, maintenance and removal of trees within the Town of Southbury. It is also the purpose of this article to facilitate the management and preservation of Southbury’s tree heritage.
(Ord. of 5-21-98, § I)
Sec. 14-131. Historic tree restoration committee-Authority and power.
This article establishes the duties and responsibilities of the Historical Tree Restoration Committee as established in section 508-P of the Charter of the Town of Southbury.
(Ord. of 5-21-98, § II)
Sec. 14-132. Same – Term of office.
The historical tree restoration committee shall be appointed in accordance with section 508-P of the Charter of the Town of Southbury.
Ord. of 5-21-98, § III)
Sec. 14-133. Same – Function.
[The following outline the functions of the historic tree restoration committee:]
(a) Develop, and update annually, a comprehensive plan of action to accomplish the purpose of this committee.
(b) Prepare an annual budget for tree planting, removal and maintenance. Funding for this budget should come from grants and private donations to the maximum extent possible. The historical tree restoration committee shall submit each year an annual tree budge in form acceptable to the town’s auditor, the board of finance and the board of selectmen. The annual tree budge shall set forth all donations and grants received and expenditures made in the preceding year, an estimate of the donations and grants expected in the current year and a proposed current annual tree budget. Any requests for additional funding from the town may be submitted in the annual tree budge together with a proposal for the use of such funds, which annual tree budget and proposed actions/programs presented therein shall be subject to review for approval, rejection and/or amendment by the boards of selectmen and finance.
(c) The committee shall prepare and continuously update a comprehensive tree inventory as volunteer assistance permits.
(d) Educate the citizens of Southbury regarding the many benefits that trees bring to our community.
(e) Work closely with the town tree warden to provide assistance and support.
(f) Coordinate and cooperate with the planning commission, the zoning commission, and other interested boards and commissions of the town to maximize the effectiveness of the work of the historical tree restoration committee.
Sec. 14-134. Applicability.
This article concerns all trees and shrubs located within street rights-of-way, parks and public places of the town, and to trees and shrubs located on private property that constitute a clear public hazard or threat as described herein, after exercise of appropriate due process in communicating and consulting with such property owner.
(Ord. of 5-21-98, § IV)
Sec. 14-135. Licensing.
(a) It shall be unlawful for any person, except authorized town employees, to engage in the business of cutting, trimming, pruning, spraying, or otherwise treating trees on town property without town approval, state certification and liability insurance.
(b) The tapping of sugar maple trees shall be a permitted activity unless and until the tree warden and/or historical tree restoration committee notifies the tapping party to cease activity or the town places a notice on the subject tree “No Tapping Permitted.”
(Ord. of 5-21-98, § VI)
Sec. 14-136. Insurance Requirements for tree-related work on town-owned Property.
Before any contract for cutting, trimming, pruning, spraying, or otherwise treating trees on town property is entered into with the town, each applicant shall first file evidence of possession of workers’ compensation as required by state law and liability insurance and pollution insurance (for spraying only) in an amount as required by the board of selectmen for bodily injury or death and property damage, indemnifying the town against any claim of a person injured or damaged and/or property damage resulting from the work being performed in accordance with such contract. The town shall be named as an additional insured.
(Ord. of 5-21-98, § VII)
Sec. 14-137 Landscaping.
In new subdivisions or when the development of commercial property occurs, the planning commission, as part of its decision making process, may refer development plans involving the substantial removal, trimming and/or planting of mature trees to the historical tree restoration committee for suggestions as to the remediation and conservation of significant tree resources affected by such development.
(Ord. of 5-21-98, § VIII)
Sec. 14-138. Tree planting, maintenance and removal.
The historical tree restoration committee may make recommendations to the board of selectmen as to tree planting, maintenance and removal on public lands appropriate to the conditions on site and consistent with accepted arboricultural standards and practice as published in recognized journals. Recommended removal of trees hazardous to the public on private land will be referred to the tree warden for notification to the property owner of the hazardous condition and a request that such condition be promptly remediated, and if such remediation by the property owner is not taken, the tree warden may refer the matter to the board of selectman. Notwithstanding, town employees may, as directed by the town, plant, maintain, remove, spray, prune and plant tree(s) shrubs, plantings and other forms of vegetation.
(Ord. of 5-21-98, § IX)
Section 14-139. Tree protection of public trees.
(a) Damage to trees and shrubs. No person, company, utility (except authorized town employees) shall, in any public area or public way of the Town of Southbury, unless otherwise permitted and authorized by Connecticut State Statutes or as provided herein, prune, remove, deface, cut, paint, mark, injure, mutilate, kill or destroy any tree or shrub, permit any animal under their control to do so, start and cause any fire to injure any portion of any tree or shrub, spray any toxic chemical or cause same to seep, drain or be emptied on or about any such public 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 the construction activity and take other necessary measures to safeguard the public trees and shrubs during such construction activity.
(b) 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.
(c) Public utilities. Utility company work affecting trees or shrubs, unless otherwise provided for in the Connecticut General Statutes, shall be limited to the actual necessity for providing the utility service by the company. Such work may be reviewed by the town tree warden prior to being undertaken and such work shall be done in a neat and professional manner and follow standard arboricultural practices and methods.
(d) Public nuisance. Any tree or shrub, or part thereof, growing on 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 may be declared a public nuisance. If the town tree warden or historical tree restoration committee determines any nuisance tree or shrub exists on private premises, the tree warden, in writing, should notify the owner or tenant having charge of such premises to take corrective action. The town, its agents, employees, tree warden and historical tree restoration committee and its members shall not be liable for any posting and/or for failure to notify any person of such a nuisance condition.
(e) Interference. No person shall unreasonably or intentionally interfere, prevent or delay the tree warden or historical tree restoration committee while engaged in the execution or enforcement of this article.
(f) Unusual tree specimens. Trees recognized by the historical tree restoration committee as having historic value or unusual qualities shall be designated, if approved by the respective property owner, as heritage trees and recorded in the permanent records of the committee. Whether located on public or private lands, such specimens will be afforded protective status and preservation, to the extent allowed by law, deemed appropriate by the board of selectmen, due to their unique nature. Heritage trees may not be removed or structurally changed without prior notification to the tree warden and approval of the board of selectmen.
(g) Qualifications. Qualifications for heritage tree status shall include, but not be limited to, species, rarity, old age, historical association, abnormality, or scenic enhancement.
(Ord. of 5-21-98, § X)
State law reference – See G.S. § 23-60.
Sec. 14-140. Permits for work on town property.
(a) No person (except authorized town employees) shall plant, prune (as provided in section 14-139) remove, or endanger the health of a public shade tree before obtaining a permit from the tree warden and/or historical tree restoration committee.
(b) Permits may be issued if the proposed work will not unreasonably injure the tree or its roots with exception of emergency as determined by the tree warden.
(c) Permits pertaining to tree care shall be issued by the tree warden only to certified arborists or private citizens and contractors who are qualified to do the job or to town employees directed to do the work.
(d) Before a permit is issued for work under these regulations, the applicant, except authorized town employees, shall provide insurance as required for work in public ways.
(e) Application for permits must be made with the tree warden no less than two (2) business days in advance of scheduled start of work.
(f) The tree warden and/or historical tree restoration committee may at any time cancel, revoke, or modify permits for a violation(s) of this article.
Ord. of 5-21-98, § XI)
Sec. 14-141. Regulations, enforcement and appeals.
(a) The tree warden, acting as the official representative of the board of selectmen and the historical tree restoration committee, shall enforce the terms of this tree ordinance as provided herein. This authority includes the regulations and specifications dealing with the trimming, spraying, removal, planting, pruning and protection of public trees as defined by state statutes.
(b) Any order issued by the tree warden shall include a time limit for regular compliance and for emergency actions where appropriate.
(c) Such orders may be appealed to the board of selectmen or its designated hearing officer, appointed in accordance with state statutes, within five (5) business days of issuance, and be answerable no later than the next following meeting of the board of selectmen. Appeals shall be conducted in accordance with Connecticut State Statutes.
(d) The tree warden may submit a request to town counsel to file a complaint in the appropriate court of law for violations of this article where so directed by the board of selectmen and in absence of any other remedy.
(Ord. of 5-21-98, § XII)
Section 14-142. Penalties and fines for wrongful activity on town property; penalties.
(a) Any person violating any provision of this article shall be subject to a fine not to exceed the cost of repair or replacement, or the appraised dollar value of such tree, plus legal fees to enforce in court such penalty and/or fine, or the maximum fine and costs allowed by law whichever the court deems appropriate.
(b) Fines. The following fines are established for each separate violation of these rules and regulations, the actual amount varying with the degree of offense as determined by the tree warden: