901.10 UTILITY CLEARANCE.
   Tree limbs that grow within public rights of way, in which trees are routinely pruned or otherwise cut during utility maintenance operations by utility companies or companies paid by utility companies to do such work, shall be maintained by the utility company in compliance with applicable franchise agreements approved by the City. Should a franchise agreement expire, the regulations of this article shall apply to any such utility, the same as if the work were being performed by a City department. The same shall apply to all public utilities doing work within a public right of way. Each tree trimming policy of a utility company must be reviewed by the City Manager, or his/her designee, prior to any trimming by the utility company.
   (a)    The tree trimming policy mentioned above shall include a plan for providing the City or other landowner, tenants of abutting realty whose trees will be cut or trimmed by order of the utility, with reasonable notice which shall include:
      (1)    A description of the area(s) in which the right of way clearing or maintenance is performed;
      (2)    An approximate schedule of work;
      (3)    A description of the type(s) of work to be performed, including, but not limited to tree trimming, tree removal, brush cutting, herbicide application, growth regulation, slash disposition.
      (4)    A general description of clearances required or rights of way widths to be maintained; and
      (5)    The name and telephone number of a contact person at the utility.
   (b)    In the case of right of way clearing or maintenance planned or scheduled in the normal course of operation, the utility company shall make personal contact with the City or other landowner, and owners or tenants of abutting realty whose trees will be cut or trimmed by order of the utility. In the case of abutting realty which lacks a habitable structure or contains a vacant structure, personal contact shall be replaced by a Class I legal advertisement in a newspaper of general circulation in the City of Bridgeport.
   (c)    In the case of right of way clearing or maintenance resulting from a sudden emergency, the utility shall issue a news release to the Bridgeport media. After the sudden emergency is over and the necessary clearing is complete, the utility shall publish a notice regarding the affected properties in a Class I legal advertisement in a newspaper of general circulation in the City of Bridgeport.
   (d)    For purposes of this section, "personal contact" means, that at least seven (7) business days prior to the scheduled clearing or maintenance, an attempt will be made by the utility to contact the persons by telephone or in person. Should the attempt be unsuccessful, a door hanger or similar type of written notice will be left at the residence which contains the information required by this section. A second personal contact attempt will be made prior to the start of work. Should contact be made with a tenant, the utility shall either actually contact the owner before beginning work or publish a legal advertisement as set forth in subsections (b) and (c) hereof.
   (e)    Upon receiving notice of such work to be performed by the utility, the City of Bridgeport will notify existing neighborhood associations within the affected area, of the same.
   (f)    All tree removal on public land or within public rights of way shall follow City tree removal standards established by the City Manager or his/her representative.
   (g)    All tree pruning and maintenance shall be subject to the requirements established by the City Manager or his/her representative.
   (h)    Utility maintenance that requires digging or trenching near trees shall provide protection of the Critical Root Zone. Open trenching in the root zone of a tree is to be avoided when practical except when the trenching falls outside of the Critical Root Zone.
   (i)    All trees located where there is insufficient space to bypass the Critical Root Zone must be augured if practical. Auguring activity shall not occur on more than one side of the tree and shall follow distance and depth requirements outlined in the ANSI tree care specifications manual.
   (j)   If auguring is not practical or the Critical Root Zone is damaged, the Utility shall remove the existing tree and replace the tree, the location and type of tree to be determined by the City Manager, or his/her designated representative.   
      (Passed 6-26-17.)