Town of Wallingford
Tree Ordinance
This ordinance was adopted by the
Wallingford Selectboard on
November 6, 2000, and went into effect on January 7, 2001.
Revised Ordinances of Wallingford
Title
4: Health and Welfare
Chapter 8: Tree Ordinance
§4801.
PURPOSE AND INTENT
- It is the
purpose of this ordinance to promote and protect the public health, safety,
and general welfare by providing for the regulation of the planting,
maintenance, and removal of trees, shrubs, and other plants within
the public rights-of-way and public places within the Town of
Wallingford.
- It is the intent of the Wallingford Selectboard that the terms of
this ordinance shall be construed so as to promote:
(1)
the planting, maintenance, restoration, and survival of desirable trees,
shrubs, and other plants within the town; and
(2)
the protection of community residents and property from damage caused or
threatened by the improper planting, maintenance, or removal of trees, shrubs,
or other plants within the community.
§4802. PUBLIC TREE CARE
The Town of Wallingford shall have the right to plant, prune, maintain,
and remove trees, shrubs, and other plants within all rights-of-way of town
highways and public places and grounds, as may be necessary to insure public
safety or to preserve or enhance the symmetry and beauty of such public grounds.
The Tree Warden may remove or cause order to be removed, any tree or part
thereof which is in an unsafe condition or which by reason of its nature is
injurious to sewers, electric power lines, water lines, town highways, or other
public improvements, or is affected with any injurious fungus, insect, or other
pest.
§4803. PRUNING, CORNER CLEARANCE
Every owner of every tree overhanging any street or Class 3 highway
within the Town of Wallingford shall prune the branches so that such branches
shall not (severely) obstruct the light from any street lamp or obstruct the
view of any street intersection. Said owners shall remove all dead, diseased or
dangerous limbs which constitute a menace to the safety of the public. The Town
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 streetlight,
or interferes with visibility of any traffic control device or sign or sight
triangle at intersections.
§4804.
DEAD OR DISEASED TREE REMOVAL ON PRIVATE PROPERTY
The Town of Wallingford shall have the right to cause the removal of any
dead or diseased trees on private property within the Town, when such trees
constitute a hazard to life and property, or harbor insects or disease which
constitute a potential threat to other trees within the Town. The Tree Warden
will notify in writing the owners of such trees. Removal shall be done by said
owners at their own expense within sixty (60) days after the date of service of
notice. In the event of failure of the owners to comply with such provisions,
the town shall have the authority to remove such trees and charge the owner for
the cost of removal.
§4805. REMOVAL OF STUMPS
All stumps of street and park trees shall be cut as close to the ground
as possible, but in no case more than 3 inches above the ground.
§4806. ABUSE OR MUTILATION OF PUBLIC TREES
Unless specifically authorized by the Tree Warden, no person shall
intentionally damage, cut, carve, transplant, or remove any tree; attach any
rope, wire, nails, advertising posters, or other contrivance to any tree; allow
any gaseous liquid or solid substance which is harmful to such trees to come in
contact with them; or set fire or permit any fire to burn when such fire or the
heat thereof will injure any portion of any tree.
§4807. INTERFERENCE WITH OFFICIAL DUTIES.
It shall be unlawful for any person to prevent, delay or interfere with
the Tree Warden or any of his 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 in this ordinance.
§4808. REVIEW BY WALLINGFORD SELECTBOARD
The Wallingford Selectboard shall have the right to review the conduct,
acts, and decisions of the Tree Warden. Any person may appeal any ruling or
order of the Tree Warden to the Wallingford Selectboard, who may hear the matter
and make a final decision.
§4809. PENALTY
A violation of this ordinance shall be a civil matter enforced in
accordance with the provisions of 24 V.S.A. 1974a and 1977 et.seq. A civil
penalty of not more than $500.00 may be imposed for a violation of this civil
ordinance, and the waiver fee shall be set at $50.00 for the first offense,
$75.00 for the second offense within a six-month period, and $100.00 for all
subsequent offenses within a six-month period. Each day of a violation shall
constitute a separate violation of this ordinance.
§4810. SEVERABILITY
[End of Ordinance]
An ordinance or rule may be
disapproved by a vote of a majority of the qualified voters of the municipality
voting on the question at an annual or special meeting duly warned for the
purpose, pursuant to a petition signed and submitted in accordance with the law.
The petition must be signed by not less than five percent of the qualified
voters in the municipality and presented to the Selectboard or the Town Clerk
within 44 days following the date of adoption of the ordinance by the
Selectboard.
When a petition is submitted, the
Selectboard must call a special meeting within sixty days from the date of
receipt of the petition, or include an article in the warning for the next
annual Town Meeting if the Town Meeting falls within the sixty day period, to
determine whether the voters will disapprove the ordinance or rule.
Not less than two copies of the ordinance or rule shall be posted at each polling place during the hours of voting, and copies made available to the voters at the polls on request. It’s sufficient to refer to the ordinance or rule in the warning by title.