[HISTORY: Adopted by the City Council of the City of West
Haven 11-25-2002. Amendments noted where applicable.]
A.
It is the intent of the Mayor and the City Council of West Haven
that the terms of this chapter shall be construed so as to promote:
(1)
The protection, preservation, proper maintenance, and use of trees
and shrubs on City property; the minimization of disturbance to woodlands,
and the prevention of damage from erosion and destruction of the natural
habitat.
(2)
The protection of community residents from personal injury and property
damage caused or threatened by improper planting, maintenance, or
removal of trees or shrubs located within the community.
(3)
The protection of property values ensuing from the proper maintenance
of street trees, natural, uncleared woodlands, and trees of ecological
or historical significance.
B.
Purpose:
(1)
To plan, protect, and manage these resources for the benefit of the
health, safety and general welfare of the residents of the City.
(2)
To recognize the benefits provided by trees, including but not limited
to buffering noise and unsightly views, improving air quality, offering
habitats to birds and other animals, preventing erosion, absorbing
water, mitigating climate by cooling the air and providing shade,
offering aesthetic benefits, increasing property values, and generally
improving the quality of life within the City.
As used in this chapter, the following terms shall have the
meaning indicated:
Any property owned by the City or under the jurisdiction
or management, including property within lawfully established rights-of-way.
Control shall extend to such limbs, roots or parts of trees and shrubs
as extended or overhang the limits of any City road.
A management plan and resulting work plan prepared by the
Tree Commission with the assistance of the Tree Warden for forestry
work to be undertaken by the City. The plan may include, but is not
limited to, a long-range management plan; City tree inventory, regulations
and standards for the planting, pruning, maintenance and removal of
trees and shrubs on City property; lists of tree for planting in the
City; and recommendation for the preservation of trees on construction
sites. The Tree Commission will be responsible for designing a yearly
tree planning site plan.
Trees determined by the Tree Warden to be of great age or
rarity; associated with a historical event or person or of tangible
value to the community for their scenic enrichment of the area and
or their ability to survive a specific disease. Special consideration
will be given to the inspection and preservation of landmark and asset
trees on City property. With the concurrence of the property owner,
such designations may be applied to trees on private property.
The owner of record of any parcel of land.
Any tree or shrub or part thereof growing upon private or
City property which is interfering with the use of any City property,
infected with infectious plant disease or endangering the life, health
or safety of person or property.
A woody plant, usually with one main trunk, reaching a height
of at least 15 feet when mature.
A.
Tree Commission.
(1)
There is hereby established a Tree Commission. The Tree Commission
shall be composed of five members recommended by the Mayor and approved
by the City Council. The Tree Warden serves as a member ex officio.
Each member shall be appointed for a term of three years, and terms
shall be staggered. This Commission shall meet quarterly.
(2)
The Tree Commission shall advise and consult with the Tree Warden
on any matter pertaining to the West Haven Tree Ordinance and its
enforcement. The topics under which this advice and consultation may
be given include, but are not limited to, amendments to the West Haven
Tree Ordinance; policies concerning selection, planting, maintenance,
and removal of trees, shrubs and other plants within the City; and
development of community educational programs.
(3)
The Tree Commission will work to educate the citizens of West Haven
regarding the care of trees and importance of trees in our community.
This Commission will also advise and cooperate with the City Planning
and Zoning Commission and other interested Boards and Commissions
of the City to maximize the effectiveness of the work of the Tree
Commission. The City Planning and Zoning Department will notify the
Tree Warden and Tree Commission prior to approving or initiating development
plans that could adversely affect the general health or preservation
of City-owned trees.
(4)
The Tree Commission will also establish tree policies for the City of West Haven and will coordinate tree efforts within the City. The Tree Commission will work in conjunction with the Tree Warden to prepare a Forestry Management Plan as outlined in this chapter (§ 213-2, definition of "Forestry Management Plan").
B.
Tree Warden.
(1)
The Tree Warden, appointed by the Mayor of West Haven, shall have
all powers, duties and authorities ascribed to him/her as set out
in the Connecticut General Statutes Sections 23-58 through 23-65,
as the same may be amended, and this chapter.
(2)
Duties of the Tree Warden:
(a)
Enforce all provisions of law for the preservation of trees
and shrubs in the City of West Haven.
(b)
Hire arborist/contractors for the pruning, maintenance or removal
of trees or shrubs on City property in accordance with the long-range
management plan and the specifications and standards outlined in the
Forestry Management Plan.
(c)
Post a notice upon trees on City property of their planned removal
at least 10 days before removal is to take place, unless the condition
of the trees constitutes an immediate public hazard.
(d)
With the Tree Commission, select and identify any trees which
qualify as landmark and asset trees on city property and, with the
concurrence of the property owner, on private property. Prevent damage
to trees and shrubs on City property by any person, company, utility,
or state or federal agency. Damage may include, but not be limited
to, pruning, removing, defacing, cutting, painting or marking trees;
posting unauthorized signs on trees; injuring, mutilating, killing
or destroying any trees or shrubs; permitting any toxic chemical,
including excessive road salt or other de-icing chemical, to seep,
drain, or be emptied on or about any tree; piling soil over roots
to a suffocating depth or scraping soil above the roots; setting fires
or burning rubble within the trees' root zone.
(e)
The Tree Warden recognizes the importance of the various public
utility companies to schedule tree trimming to protect their wires
and prevent damage from interfering tree branches. It is important
that our residents enjoy continuity of service with minimum interruptions
caused by power failure, loss of telephone or cable service. The City
of West Haven insists that all such tree trimming is performed under
the direct supervision of a licensed arborist. All pruning cuts will
be horticulturally correct and in compliance with the standards endorsed
by the National Arborist Association. It will be the responsibility
of the utility company to notify the City Tree Warden prior to removal
of any tree on City property unless such tree represents an immediate
and substantial threat to life or property. Requests for tree removal
should be in writing and directed to the Tree Warden, 355 Main Street,
West Haven, CT 06516. The Tree Warden will review the request and
may consult with the Tree Commission prior to posting the trees for
removal. If trees are removed without prior approval or if any trees
are irreparably damaged by improper pruning methods, whether by a
public utility employee or its subcontracting tree workers, the Tree
Warden shall require the responsible utility company to pay for replacing
the tree with a similar species.
In accordance with Connecticut General Statutes, Sections 28-58
through 23-65:
A.
No person may perform any of the following acts without first obtaining
a permit issued by the City Tree Warden that authorizes such action:
(1)
Prune, remove or otherwise disturb any tree, shrub or forested area
located on City-owned property.
(2)
Damage, cut or transplant any tree or shrub located on City-owned
property.
(3)
Cause damage to the root zone of any City-owned tree or shrub by
digging a tunnel or trench, moving or storage of construction vehicles,
materials or equipment or changing the grade within the drip line.
B.
Exceptions § 213-4A:
(1)
The Commissioner of Parks and Recreation, City of West Haven, has
the statutory responsibility to oversee the maintenance and safe keeping
of all trees and shrubs within any City park.
(2)
Public utility companies will be allowed to perform routine tree trimming to maintain tree branches a safe distance from their wires, provided such trimming is in compliance with § 213-3B(2)(e) of this chapter.
(3)
The West Haven Board of Education shall be responsible for the maintenance
and safe keeping of all tree situated on all public school grounds.
A.
Interference with the Tree Warden. No person shall unreasonably hinder,
prevent, delay or interfere with the City Tree Warden or his/her agents
and/or Tree Commission while engaged in the execution or enforcement
of this chapter.
B.
Violation and penalty. Any person who violates any provision of this
chapter or who fails to comply with any notice issued pursuant to
the provisions of this chapter upon being found guilty of violation,
shall be subject to a fine not to exceed the appraised value of the
tree or shrub (as determined by the Tree Warden or his/her designee).
C.
Violations for Subdivisions or construction work. Violations for
subdivisions or other construction work in progress or destruction
or injury to trees in the public rights-of-way shall cause to be levied
against the property owner a fine as outlined above. Should such fines
not be paid within 48 hours, all permits shall be suspended until
the fines are paid and the orders are complied with.
D.
Replacement of trees/shrubs. Anyone granted a permit to remove a
tree or trees, shrub or shrubs on public property may be required
to replace them or substitute them with appropriate landscape plants
only by written permission of the City Tree Warden/Tree Commission
within 30 days. If it is not planting season at the time of such removal,
then the thirty-day replacement time shall commence at the beginning
of the next planting season.
A.
By adopting this chapter the City of West Haven recognizes the importance
of trees as an asset and extreme benefit to the community.
B.
On any new construction projects, commercial or residential (on private
or City property) the Tree Warden may work in conjunction with a developer/builder,
homeowner, to ascertain the number and size of trees proposed to be
removed and to make recommendation concerning the retention of existing
trees and the planting of new trees in areas where trees have been
removed. Efforts should be made to disturb as few trees as possible.
