Windsor Municipal Code Art. 3 Removal of Certain Trees

This article shall apply to every owner of real property within the Town and to every person responsible for removing a tree regardless of whether such person is engaged regularly in a tree removal business.

(Ord. No. 95-68 § 2)

Except as provided herein, it is unlawful for any person to destroy or remove, or cause to be destroyed or removed any tree meeting the following standard: Twelve (12″) inches in diameter at the breast height calculated by measuring the circumference at four and one-half (4 1 / 2 ') feet above ground and dividing by three point fourteen (3.14).

(Ord. No. 95-68 § 3)

The provisions of this article shall not apply to any of the following:

a. Emergencies. If the condition of the tree presents an immediate hazard to life or property, it may be removed on order of the Town Manager or his designee.

b. Town Employees. Employees or those acting at the direction of the Town may take any action with regard to Town-owned property as may be in the best interests of the Town.

c. Public Utilities. Public utilities or persons acting pursuant to a franchise granted by the Town may take any action as may be necessary to serve and protect utilities or otherwise comply with safety regulations of the Public Utilities Commission or other regulatory body.

d. Public Agencies. Any other public agency within the Town of Windsor is exempt from the provisions hereof with respect to its property.

e. Permit. Any person otherwise subject to the provisions of this article may request a removal permit from the Town Manager or his designee, based upon information provided by a certified arborist that the tree is dead, dying, potentially hazardous or does not have significant aesthetic value.

f. Previously Approved Projects. Any person who has previously obtained authorization to remove any tree as part of a tree preservation plan, which may include depiction of building envelopes on individual lots; a mitigation and monitoring plan; a condition of tentative subdivision or parcel map approval may remove such tree or trees.

g. Proposed Projects. Any person who proposes a development project may request the removal of certain trees designated under Section 3-10-305 of this section herein based on a finding that removal of the tree(s) is necessary for the normal use and enjoyment of the property to the satisfaction of the Planning Commission.

(Ord. No. 95-68 § 4)

Nothing in this article shall be deemed to impose any liability upon the Town, its offices or employees, nor to relieve the owner or occupant of any private property from the duty to keep in safe condition any trees upon his/her property or upon a public right-of-way over his/her property.

(Ord. No. 95-68 § 5)

The violation of any provision of this article is hereby declared unlawful and shall constitute a misdemeanor and a public nuisance.

(Ord. No. 95-68 § 6)