[HISTORY: Adopted by the Board of Selectmen of the Town of
Wilton 1-4-2010. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Wilton
Tree Ordinance, Wilton, Connecticut."
A.
Intent. It is the intent of the Selectmen of the Town of Wilton 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 Town property; the minimization of disturbance to woodlands;
and the prevention of damage from erosion and destruction of the natural
habitat.
(2)
Public safety and the protection of citizens from personal injury
and property damage, the protection of the Town of Wilton from personal
injury and property damage, and the protection of the Town of Wilton
from property damage caused or threatened by improper planting, maintenance
or removal of trees on or overhanging Town land.
(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. The purpose of this chapter is to:
(1)
Plan, protect, and manage these arboreal resources for the benefit
of the health, safety, and general welfare of the residents of the
Town.
(2)
Recognize and educate the public on benefits provided by trees, including,
but not limited to, buffering noise and unsightly views, improving
air quality, offering habitat to birds, 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 Town.
For the purposes of this chapter, the following words, terms
and phrases shall have the meanings herein set out:
Trees determined by the Tree Warden to be of great age or
rarity; associated with an 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, notable,
and asset trees on Town property.
Any tree or shrub or part thereof growing upon private or
Town property which is interfering with the use of any Town property,
infected with infectious plant disease, or endangering the life, health
or safety of persons or property.
Woody plants, branched from the base, generally less than
15 feet tall when mature.
A woody plant, usually with one main trunk, reaching a height
of at least 15 feet when mature.
The Wilton Center Tree Plan (March 2008), written by the
Ad-hoc Tree Committee, as may be revised or amended from time to time.
A.
The Tree Warden.
(1)
Authority and power. The Tree Warden, appointed by the First Selectman with the approval of the Board of Selectmen as outlined in the Town Charter, § C-35, shall have all powers, duties and authorities ascribed to him/her as set out in the Connecticut Public Shade Trees and Tree Protection Examining Board Statute, particularly Connecticut General Statutes §§ 23-58, through 23-60 and 23-65, as the same may be amended, and this chapter. In part, C.G.S. § 23-59 states the powers and duties of the Tree Warden shall include "the care and control of all trees and shrubs in whole or in part within the limits of any public road or grounds and within the limits of his town..., except those along state highways..., and except those in the public parks or grounds which are under the jurisdiction of park commissioners..."
(2)
Compensation. The Tree Warden shall receive for services such compensation
as the Selectmen, duly authorized, shall prescribe.
(3)
Duties. The Tree Warden shall:
(a)
Enforce all provisions of law for the preservation of trees
and shrubs subject to the Tree Warden's care and control as set
forth in C.G.S. § 23-59.
(b)
Support the Tree Committee in overseeing, administering, and
providing guidance on the Wilton Center Tree Plan or future tree plans.
(c)
Prevent, to the extent possible, damage of trees and shrubs
that are subject to the Tree Warden's care or control as set
forth in C.G.S. § 23-59 by any person, company, utility,
or state or federal agency. This shall include oversight and guidance
of contractors' pruning and maintaining all trees subject to
the Tree Warden's care or control. 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; willfully permitting any
toxic chemical to seep, drain or be emptied on or about any tree;
prolonged piling soil over roots to a suffocating depth or scraping
soil above the roots; and setting fires or burying rubble within the
trees' root zones.
(d)
Post a notice upon trees subject to the Tree Warden's jurisdiction
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.
(e)
Identify and recommend with the Wilton Tree Committee any trees
which qualify as "landmark trees," "notable trees," and "asset trees"
on Town property and, with the concurrence of the property owner,
on private property.
(f)
Supervise, to the extent possible, work affecting trees within
the Tree Warden's care and control performed by public utility
companies or their agents. Such work shall be reviewed prior to being
undertaken. If, as a result of such work, trees are irreparably damaged,
the Tree Warden shall require the company to pay for replacing the
trees with a similar species.
(g)
Provide periodic reports to the Tree Committee.
B.
Tree Committee.
(1)
Composition. The Tree Committee shall be composed of seven members
appointed by the Board of Selectmen. The Selectmen shall seek appointees
from the Conservation Commission, Planning and Zoning Commission,
Wilton Garden Club, Chamber of Commerce, a civic organization and
a member of the landscape profession. The final member may be an interested
citizen. Each member of the Tree Committee shall be appointed for
a term of three years, and terms shall be staggered so that at least
two members are appointed each year. Members shall serve without compensation.
To increase effectiveness, applicants for vacancies should meet with
the Tree Committee before being considered for appointment to the
Committee. Further, the Committee may suggest to the Board of Selectmen
the appointment of members with certain skills or experience. The
Tree Warden, Director of Environmental Affairs, and Public Works Director,
or their designees shall serve as advisors to the Committee.
(2)
Duties. The Tree Committee shall advise and consult with the Tree
Warden and/or the Department of Public Works on any matter pertaining
to this chapter and its enforcement. Such topics may include, but
are not limited to, amendments to this chapter; policies concerning
selection, planting, maintenance, and removal of trees, shrubs and
other plants within the Town; and development of community educational
programs.
A.
Violation of any provisions of this chapter shall result in a fine,
civil penalty, and/or damages as provided in C.G.S. § 23-65.
B.
No person other than the Tree Warden or his authorized agent, including
the Department of Public Works, may perform any of the following acts
on Town road rights-of-way without providing documentation and authorization
for such work relating to trees and shrubs. Further, nothing in this
section shall be construed to exempt any person from the requirements
of obtaining a road opening permit or any additional permits as are
required by law.
(1)
Plant trees or shrubs of any size on Town property or remove or otherwise
disturb any tree located on Town property or rights-of-way.
(2)
Attach any rope, wire, nail, sign, poster, or any other man-made
object to any tree or shrub located on Town property or rights-of-way.
(3)
Dig a tunnel or trench, move or store construction vehicles, materials
or equipment, or change the grade within a tree's root zone on
Town property or rights-of-way.
