CHAPTER 19 TREES. a) Establish and maintain the maximum amount of tree cover on public and private lands in the City of Hartford.

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1 CHAPTER 19 TREES PURPOSE AND INTENT. This ordinance establishes policies, regulations, and standards necessary to ensure that the City of Hartford will continue to realize the benefits provided by its urban forest. The provisions of this chapter are enacted to: a) Establish and maintain the maximum amount of tree cover on public and private lands in the City of Hartford. b) Maintain trees in a healthy and non-hazardous condition through good arboricultural practices. c) Establish and maintain appropriate diversity in tree species and age classes to provide a stable and sustainable urban forest DISCLAIMER OF LIABILITY. Nothing contained in this section shall be deemed to impose any liability upon the City, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub, or plant upon any street tree area abutting his property or under his control in such condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park, boulevard, alley, or public place within the City DEFINITIONS. Park Trees - Park trees are herein defined as trees, shrubs, bushes, and all other woody vegetation in public parks and cemeteries having individual names, and all areas owned by the City, or to which the public has free access. (AMENDED 5/14/96--ORDINANCE E-329) Street Trees - Street trees are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the City. Tree Topping - The severe cutting back of limbs to stubs larger than three inches in diameter with the tree's crown to such a degree as to remove the normal canopy and disfigure the tree. Vision Corner - The space formed by any two existing or proposed intersection street or alley right-of-way lines (property lines) and a line joining points on such lines located a minimum of 15 feet from their intersection. In the case of arterial streets intersecting with other arterial streets or railways, the corner cutoff distances establishing the triangular vision clearance space shall be increased from 15 to 25 feet CITY FORESTER ESTABLISHED. There is hereby established a City Forester for the City of Hartford. The position shall be appointed by the Mayor and confirmed by the Common Council. The City Forester shall be a person skilled and trained in the arts and sciences of municipal arborculture DUTIES OF THE CITY FORESTER. The City Forester shall have the authority to promulgate the rules and regulations of the Arboricultural Specifications and 19-1

2 Standards of Practice governing the planting, maintenance, removal, fertilization, pruning, and bracing of trees on the streets or other public sites in the municipality, and shall direct, regulate, and control the planting, maintenance, and removal of all trees growing now or hereafter in any public area of the City of Hartford. The City Forester shall cause the provision of this Ordinance to be enforced. In his absence, these duties shall be the responsibility of a qualified alternate designated by the municipality. The City Forester shall have the authority and jurisdiction of regulating the planting, maintenance, and removal of trees on streets and other publicly owned property to insure safety or preserve the aesthetics of such public sites. a) Supervision. The City Forester reports to the City Administrator and shall have the authority to supervise or inspect all work done under a permit issued in accordance with the terms of this Ordinance. b) Condition of Permit. The City Forester shall have the authority to affix reasonable conditions to the granting of a permit in accordance with the terms of this Ordinance. c) Master Street Tree Plan. The City Forester shall have the authority to formulate a Master Street Tree Plan with the advice, a hearing, and approval of the City CITY TREE BOARD ESTABLISHED. There is hereby established a City Tree Board for the City of Hartford which shall consist of the Director of Parks and Recreation, Director of Public Works, Utilities Director, Mayor by virtue of office, and City Planner who shall serve their terms by virtue of their positions. The City Forester shall serve as ex-officio member of the Tree Board. (AMENDED 5/14/96--ORDINANCE NO. E-329; AMENDED 5/8/07 ORDINANCE NO. E-1147) DUTIES OF THE CITY TREE BOARD. a) It shall be the responsibility of the Board to study, investigate, counsel, and develop and/or update, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets, and in other public places. Such plan will be presented to the Common Council and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the City of Hartford. b) The Board, when requested by the Common Council, shall consider, investigate, make finding, report, and recommend upon any special matter or question coming with the scope of its work. c) The City Tree Board shall develop and maintain a list of desirable trees for planting along streets in three size classes based on mature height: small (under 30 feet), medium (30 to 45 feet), and large (45+ feet). Lists of trees not suitable for planting will also be created by the Tree Board. (AMENDED 5/8/07 ORDINANCE NO. 1147) PLANTING OF TREES ON GRASS PLOT BETWEEN ROADWAY AND SIDEWALK. The City shall have jurisdiction, direction, authority, control, and supervision over that part of every street, the grade of which has been established lying between the lot line and the curb, or curb line, and trees on any property which may in any way have effect upon public property, and upon the public welfare of the City of Hartford, and for the planting, care, 19-2

3 maintenance, protection, and removal thereof. The Common Council shall have the authority to make such rules and regulations as it may deem applicable for carrying out the purpose of this section. a) Permit Required. No tree shall be planted on the grass plot between the roadway and the sidewalk within the City of Hartford until a permit shall first have been obtained by the owner of the property abutting on the frontage thereof, or his authorized agent. Such permit shall be obtained as part of the Public Works and Engineering Permit Voucher form and the Director of Public Works shall maintain the records for such permits. (AMENDED 5/14/96-- b) Application for Permit. Application for the permit shall be obtained from the Planning Department or Engineering Department and maintained by the Director of Public Works. (AMENDED 5/14/96-- ORDINANCE NO. E-329; AMENDED 5/8/07 ORDINANCE NO. 1147) c) Compliance with (3)(b). No application for placement of street trees shall be approved or permit issued unless the provisions of Section (3)(b) of the Municipal Code of the City of Hartford requiring vision clearance on corner lots shall have been complied with. (AMENDED 5/8/07 ORDINANCE NO. 1147) d) Fee. No fee shall be charged when making application for a permit to plant trees on the grass plot between the roadway and the sidewalk. (AMENDED 5/14/96--ORDINANCE NO. E- 327; AMENDED 5/8/07 ORDINANCE NO. 1147) e) Inspection. Final inspection shall be made by the Director of Public Works or City Forester within a reasonable time after trees are planted to insure that the recommended species were planted and that the trees were planted according to City specifications or according to the requirements of the Developer s Agreement in the subdivision. (AMENDED 5/14/96-- f) Specifications. Applicants for street tree permits must comply with the provisions of Section relating to specifications for planting PLANTING OF TREES ON PRIVATE PROPERTY. It is hereby declared to be the policy of the City of Hartford to regulate or control all trees, shrubs, or other like obstructions growing or to be planted in or upon any private premises which shall threaten the lives, health, safety, and welfare of the public or of the property owned or controlled by the City. It is the intent of the City that the provisions of this section shall apply to all trees, shrubs, or plants growing or hereafter planted in or upon private property which threatens the lives, health, safety, and welfare of the public. a) Planting and Maintaining. No person shall maintain, plant, or permit to remain on any private or public premises situated at the intersection of two or more streets or alleys in the City any hedge, tree, shrub, or other like obstruction within the vision corner of any street or alley intersection which may obstruct the view of the operator of any motor vehicle approaching such intersection to the extent that such operator is unable to observe other vehicles or pedestrians approaching or crossing said intersection. Any such hedge, tree, shrub, sign, or other like obstruction is hereby declared to be a public nuisance. b) Failure to Remedy Public Nuisance. If the owner of such premises shall fail to remedy the 19-3

4 situation upon receipt of a 30 day written notice, either personal or by publication, from the City, the City shall treat or remove such obstruction or part thereof as hereinafter provided and the expense thereof shall be a charge against the property upon which the tree or shrub is located. c) Removal of Hazardous Trees. Any tree or part thereof which the City Forester, upon examination, shall find to be infected or hazardous so as to be injurious or to endanger the public or shall be injurious to sewers, curbs, sidewalks, or other public improvements, whether growing upon public or private premises shall be removed by the abutting property owner. If the owner shall fail to remedy the situation upon receipt of a 14 day written notice, either personally from the City, or by publication in the City's official newspaper, the City shall treat or remove such tree or part thereof. The City shall keep a record of the labor and cost of treatment or removal of the tree or part thereof and charge the same against the abutting property owner or owners and the cost thereof shall be entered as an assessment against the property. Any abutting property owner given a notice as heretofore provided may, by a written notice to the City within seven days of the notice, postpone the treatment of removal of the tree or part thereof by the City, and he shall have the right to appeal the order to the Board of Appeals. No damage shall be awarded to any abutting property owner for the destruction of a tree or a part thereof pursuant to this section. d) Delay or Interference. No person shall delay or interfere with the Common Council or any of the City employees following lawful directions of the Council in compliance with orders heretofore stated MAINTENANCE OF STREET TREES. a) Trimming, Pruning, and Corner Clearance. The City Engineer shall take measures to assure that any tree overhanging any street or right-of-way within the city shall be pruned so that branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of fourteen feet (14') above street surface or eight feet (8') above the sidewalk surface. The Director of Public Works shall take measures to remove all dead, diseased, or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street lights, or interferes with visibility of any traffic control device or sign or sight triangle at intersections. Tree limbs that grow near high voltage electrical conductors shall be maintained clear of such conductors by the Utility Department or electric utility company of jurisdiction in compliance with any applicable franchise agreements. A utility tree trimming policy must be reviewed by the Utility Committee prior to any trimming by the Utility Department or electric utility company of jurisdiction. (AMENDED 5/14/96-- b) Tree Topping. It shall be unlawful as a normal practice for any person, firm, or city department to top any street tree or other tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the City Forester. c) Removal of Stumps. The Director of Public Works shall take such measures to assure that all stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. (AMENDED 5/14/

5 19.09 MAINTENANCE OF PARK TREES. a) Trimming and Pruning. The Director of Parks and Recreation shall take measures to remove all dead, diseased, or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. Tree limbs that grow near high voltage electrical conductors shall be maintained clear of such conductors by the Utility Department or electric utility company of jurisdiction in compliance with any applicable franchise agreements. A utility tree trimming policy must be reviewed by the Utility Committee prior to any trimming by the Utility Department or electric utility company of jurisdiction. (CREATED 5/14/96--ORDINANCE NO. E-329) DEAD OR DISEASED TREES. The City shall have the right to cause the remedy or removal of any dead, diseased or infested trees on private property within the City, when such trees constitute a hazard to life and property, or harbor insects or disease which constitutes a potential threat to other trees with the City. The Director of Parks and Recreation, Director of Public Works, or City Forester shall notify in writing the owners of dead, diseased, or infested trees. Removal or corrective action shall be done by said owners at their own expense no more than 30 days of the receipt of notice, as determined by the City Forester based on the seriousness of the tree's condition, and the danger to public safety. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove such trees and charge the cost of removal on the owner's property tax notice. It shall be unlawful for any person to carry or transport into the City any trees, logs, or branches known to be affected or any communicable disease or insect which may affect trees. Any such material brought in the City shall be disposed of by the parties responsible for bringing the diseased or infected trees, logs, or branches into the City in the manner and in a location designated by the Director of Parks and Recreation, Director of Public Works, or City Forester. (AMENDED 5/14/96--ORDINANCE NO. E-329; AMENDED 5/8/07 ORDINANCE NO. 1147) INTERFERENCE WITH CITY. It shall be unlawful for any person to prevent, delay, or interfere with the City, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or trees on private grounds, as authorized by this ordinance PENALTY. Any person violating any provision of this ordinance shall be, upon conviction or a plea of guilty, subject to a fine not to exceed those provided in Chapter 42 of the Municipal Code. (AMENDED 6/11/96--ORDINANCE NO. E-335) CHAPTER 19 CREATED IN ITS ENTIRETY JULY 11, ORDINANCE NO. E

TREES, SHRUBS AND OTHER PLANTS

TREES, SHRUBS AND OTHER PLANTS 151.01 Purpose 151.14 Permits for Planting or Removal Required 151.02 Definitions 151.15 Restrictive Covenants 151.03 Creation and Establishment of City Tree Board 151.16 Public Tree Care 151.04 Term of