§ 53.06 GENERAL REGULATIONS AND OPERATIONS.
   The town shall have the discretion to plant, prune, maintain and remove trees, plants and shrubs on public property and rights-of-way, as may be necessary to ensure public safety or to preserve or enhance the health and function of the community forest. Operational goals include:
   • maintaining canopy cover by replacing any tree removed by the town or permitted contractors on a one-to-one basis
   • monitoring the health of the community forest through an accurate and updated inventory of town trees
   • follow best management practices and industry standards
   (a)   Protection. As valued assets of the town, canopy cover and healthy trees may be protected in the following ways:
      (1)   Establishing clearance limits over roadways and sidewalks to allow for vehicular, bicycle and pedestrian traffic.
      (2)   Taking necessary precautions to protect trees and their root zone during maintenance procedures, such as lawn mowing and weed trimming, and during construction activities, including sidewalk and street work, soil grading and trenching, and compaction of soil caused by repeated vehicular traffic within tree root zones.
   (b)   Criteria for tree removal and pruning.
      (1)   Hazardous trees. Any tree on town property that has been determined to be a hazard may be pruned or removed by the town. Such pruning or removal shall be undertaken at the discretion of the Tree Warden and in a manner consistent with the Connecticut General Statutes. To be considered a hazard tree (or limb), the Tree Warden may consider the following criteria:
         (A)   It is sufficiently large enough to cause damage or injury should it fail;
         (B)   It has a target that would be damaged or would cause injury should it fail;
         (C)   It has a condition that would make it likely to fail. Such conditions may include dead or damaged condition, insect infestation, disease, significant root damage, or other physical damage or signs of decay or distress as noted by the Tree Warden.
         (D)   It is a risk to public health, safety or welfare.
      (2)   Infrastructure improvement. Town trees that fail to meet the criteria of a hazardous tree may be removed as part of a bona fide infrastructure improvement or construction project and only when all reasonable accommodations and alterations have been considered and at the discretion of the Tree Warden and in a manner consistent with the Connecticut General Statutes. The town will develop plans for the installation of new plantings, where feasible, prior to the removal of a tree or trees required for infrastructure improvement or construction projects.
      (3)   Public safety. Town government agencies, including the Police Department, Fire Department, and Department of Public Works, may report to the Tree Warden any town tree that they believe constitutes a threat to public safety - for example to motorists, pedestrians, or users of town recreational facilities. In the event that such a tree is identified, options including pruning, installing signage, or installing traffic signals will be evaluated. Removal of the tree will be performed only if no other cost-effective alternative exists. Such removal shall be undertaken at the discretion of the Tree Warden and in a manner consistent with the Connecticut General Statutes.
      (4)   Utility maintenance. Utilities and their contractors seeking to prune and/or remove town trees to maintain their distribution lines are governed by Conn. Gen. Stat., § 16-234. Absent an exception enumerated in the statute, such activity will require a permit from the Tree Warden. The Tree Warden or a designee will review and approve the pruning or removal plan for each tree in a manner consistent with the Connecticut General Statutes.
         (A)   Pruning: The town endorses the industry standard of directional pruning to maintain canopy cover while accomplishing line clearance objectives. The practice of ground to sky pruning for line maintenance is discouraged except in select instances.
         (B)   Removal: All removals must meet the criteria of § 153.06(b)(1) Hazardous Trees, with the exception of instances governed by state statute.
         (C)   Stump grinding: Stumps left as the result of utility maintenance designated by the Tree Warden or other town designee as a safety hazard to vehicular and/or pedestrian traffic shall be ground flush with surrounding surfaces.
         (D)   Appropriate species should be retained: Small tree and shrub varieties designated as compatible with utility distribution lines should not be removed.
      (5)   Nuisance conditions. The Tree Warden may permit the removal of a town tree or shrub if they determine that the tree or shrub poses a nuisance to the community forest, as in the case of invasive species or weedy conditions. Such decision shall be made only after posting of notice in accordance with the Connecticut General Statutes.
   (c)   Disposal. The removal of town trees by the town will include the removal of all debris and the grinding of stumps, within the priorities and assigned resources of the Public Works Department.
   (d)   Prohibited criteria for removal. Unless it otherwise satisfies a criterion for removal as defined by this chapter, a town tree will not be removed for any of the following reasons:
      (1)   To facilitate views (including advertising signs)
      (2)   To create off-street parking
      (3)   To allow for installation of solar panels
      (4)   To reduce the extent of leaf, flower or fruit drop
      (5)   To reduce the impact from any bird or other animal waste or noise
   (e)   Tree pruning. The town shall encourage the pruning of town trees and shrubs as an alternative to removal wherever possible. Pruning or thinning of tree branches or limbs has several objectives including reducing risk, improving health, developing better structure and providing clearance. Pruning, especially of young trees, is essential to tree health, maximizing tree benefits and minimizing future costs of tree maintenance.
   Pruning should be done according to ANSI A300, part 1 as explained in ISA best management practices or in a management plan provided by the Tree Commission.
   (f)   Appeals. Any person, firm or corporation aggrieved by the decision of the Tree Warden may appeal such decision through the procedures defined by the Connecticut General Statutes.
(Ord. 725, passed 3-7-22)