ARTICLE II. - PROTECTION AND MAINTENANCE OF TREES IN PUBLIC PLACES
Part of the Code of Ordinances of Bristol, RI.
The text
Sec. 25-21. - Purpose and intent.#
The town council finds that trees are economically beneficial to the town and the community in attracting residents, visitors, and new industry, and further that healthy trees, properly located enhance the value and marketability of property; enhance the quality of life in the community; and promote the stability of neighborhoods by providing a healthy and more beautiful environment in which to live. The town council further finds that the Town of Bristol has a great variety of both tree and shrub species which should be protected and maintained in order to preserve the public health, safety and general welfare.
(Ord. No. 2001-09, 3-28-01)
Sec. 25-22. - Short title.#
This article shall be known and may be cited as the tree ordinance of the town.
This article regulates the protection, maintenance and planting of trees in public places and authorizes the conservation commission to act as the tree commission.
(Ord. No. 2001-09, 3-28-01)
Sec. 25-23. - Scope.#
This article shall regulate the protection, maintenance, removal, and planting of trees in public streets, and other public places excluding public school grounds, town parks and the town beach. This ordinance shall not be applicable to the care and control of trees and shrubs on roads under the control of the department of transportation nor those in public parks or grounds which are under the jurisdiction and control of the department of environmental management. Nothing in this ordinance shall be inconsistent with state regulations as set forth in G.L. 1965, Title 2. For purposes of this article the term "tree" shall mean any living, self-supporting wood plant that has a well defined stem(s) with a caliper of at least two inches at 4.5 feet from ground level.
(Ord. No. 2001-09, 3-28-01)
Sec. 25-24. - Regulation by the town administrator.#
The town administrator shall retain jurisdiction for the maintenance and preservation of trees and all forestry functions including the care and removal of trees within the jurisdiction of the town. The town administrator shall review all requests for permission for any planting, removal, or trimming of trees within any public right of way. In reviewing each request the town administrator shall obtain a report from the tree warden.
Written permission shall be granted by the town administrator and such permission may include reasonable conditions consistent with the purposes of this article, the master tree management plan described in section 25-28, and the recommendations of the Tree Warden. All planting, removal, or trimming of trees within any public right of way shall be conducted by, or under the supervision of, the tree warden.
(Ord. No. 2001-09, 3-28-01)
Sec. 25-25. - Tree warden—Appointment and qualifications.#
A tree warden shall be appointed by the town council pursuant by the town Charter and Title 2, Chapter 14 of the Rhode Island General Laws. The tree warden shall be a state licensed arborist, or if not a licensed arborist, within six months of his assuming office, the tree warden shall become a state licensed arborist.
(Ord. No. 2001-09, 3-28-01)
Sec. 25-26. - Same—Term of office and vacancies.#
A tree warden whose appointment has been approved by the director of the environmental management shall hold office until the first day of march in the year following his appointment and until his successor is duly appointed and approved. Any vacancy that may occur in the office of the tree warden shall be filled by the town council by the appointment of some person to serve for the remainder of the term subject to the approval of the director.
(Ord. No. 2001-09, 3-28-01)
Sec. 25-27. - Same—Powers and duties.#
The powers and duties of the tree warden shall conform to those duties and responsibilities outlined in G.L. §§ 2-14-1—2-14-10 as may be amended and include the following: (1)
Enforce all provisions of state and local laws for the preservation of trees and shrubs in accordance with this article.
(2)
Be responsible for all planting, removal, or trimming of trees within any public right of way within the town.
(3)
Shall serve as a member of the tree commission.
(Ord. No. 2001-09, 3-28-01)
Sec. 25-28. - Authority of the Bristol Conservation Commission function as tree commission.#
(a)
The Bristol Conservation Commission existing as an advisory commission under the authority of the town council shall function as the tree commission. The tree warden shall be a member of the tree commission.
(b)
The tree commission shall prepare in accordance with this article a master tree management plan (master plan) and recommend the same to the town council for adoption. The master plan shall be a five-year systemized tree management plan which makes recommendations for the regulation of the cultivation and planting of trees. The master plan shall be revised every five years. The goals and recommendations of the R.I. Urban and Community Forest Plan, State Guide Plan Element No. 156 shall be used as a guide when developing the master plan. The five-year master plan shall include, but is not limited to the following:
(1)
Tree inventory and/or management plan;
(2)
Tree planting plan;
(3)
Tree maintenance plan;
(4)
Plans for a public education program;
(5)
Budgetary forecast; and,
(6)
Funding opportunities.
The tree commission shall also prepare an annual action plan (yearly plan) which shall include specific details on maintenance needs, planting needs, public education and an annual evaluation of the previous year's activities.
(c)
The commission shall prepare budgetary recommendations annually and recommend the same to the town council for adoption.
(d)
The tree commission shall be responsible for developing administrative guidelines as a supplement to this article which will address the day to day procedures and specifications for tree protection, maintenance, removal and planting of trees in public places.
(e)
The tree commission shall communicate and work with civic and public interest groups concerned with tree care, management, preservation, and planting as well as with public utility companies and coordinate their activities with all necessary town officers, commissions, and boards in the following areas:
(1)
The development of administrative procedures to regulate and manage day to day forestry functions in public places.
(2)
Assurance that all forestry functions are carried out consistent with the insurance of public safety, protection of the aesthetics of public places, and the preservation of the value and health of Bristol's trees.
(Ord. No. 2001-09, 3-28-01)
Sec. 25-29. - Protection of trees within public rights-of-way.#
The following special restrictions shall apply concerning any tree located in a public right-of-way within the scope of this article: (1)
No person shall deposit, place, store, or maintain any stone, brick, sand, material, concrete, or other materials that may impede the free passage of water, air, and fertilizer to the roots of any tree growing therein except by written permit from the tree warden.
(2)
No person shall preclude the percolation of water or nutrients and gaseous exchange vital to a tree's survival by placing any impervious materials within the confines of the tree well opening.
(3)
No person shall move any building or any other large object that may injure public trees or parts thereof without first obtaining the written approval of the tree warden.
(4)
All trees within a public right-of-way that are within 30 feet of any excavation or construction of any building/structure or street work shall be guarded through the length of the project with good substantial frame or box not less than four feet high. The owner(s) of the property where the excavation or construction occurs shall be responsible for compliance with this provision of the article.
(Ord. No. 2001-09, 3-28-01)
Sec. 25-30. - Enforcement replacement, penalties.#
(a)
All trees removed, destroyed or damaged as a result of unauthorized activity shall be replaced at the expense of the responsible person or persons. Replacement of trees shall be made with 3.5 to 6 inch caliper trees as directed by the tree commission following consultation with the tree warden. The total replacement in caliper inches shall equal the total caliper inches removed. All new and/or transplanted trees and shrubs shall be guaranteed by the responsible person for one year.
(b)
The tree warden shall investigate suspected violations of this article. Upon determining that a violation exists, the tree warden shall within 15 days give written notice of the violation to the person or persons responsible. A copy of such notice shall also be sent to the tree commission.
(c)
The person(s) have five days to respond to any notice of violation. A person receiving a notice of violation may either deny in writing that a violation exists and request reconsideration by the tree warden, citing specific reasons for this request, or cause the violation to be cured. Where a reconsideration is requested, the tree warden shall respond promptly in writing citing facts of the case and applicable ordinance provisions. If the owner fails to take any action in a timely manner monetary penalties may be assessed.
(d)
Any person(s) found in violation of this article may be fined up to $500.00 for each offense, such fine to inure to the town and be made a part of the tree planting account. The fine shall relate to the seriousness of the offense. Each day of the existence of any violation shall be deemed a separate offense. The tree warden is hereby empowered to levy such fines, with written appeal thereupon to the municipal court.
(e)
Wherein a 15-day period a responsible person fails to remove the violation and/or pay all fines in full that have been levied, the tree warden shall either cause the violation to be cured, or file an action in the municipal court to (i) compel payment of all fines, and/or (ii) institute other appropriate action in the municipal court to prevent, enjoin, abate or remove such violation, or compel compliance with the provisions of this article. Any costs associated with correcting the violation and/or any unpaid fines and court costs may be filed by the town as liens on the property, except where the municipal court provides otherwise. Appeals from decisions of the municipal court shall be in accordance with section 2-216 of the town code.
(Ord. No. 2001-09, 3-28-01)
Sec. 25-31. - Emergencies.#
The requirements of this article may be waived by the director of public works in the case of emergencies such as winter storms, tropical storms, hurricanes, or other natural or manmade disasters so that they in no way shall hinder private or public works to restore order to the town. All emergencies shall, to the degree practical, follow the standards of this article.
(Ord. No. 2001-09, 3-28-01)
Sec. 25-32. - Exemptions.#
The requirements of this article shall not apply to decisions of the director of public works or his/her designee in carrying out the duties and responsibilities of his or her office. Routine and/or emergency activities of the department of public works, which may be required to ensure the public safety, shall be exempt from the requirements of this article.
(Ord. No. 2001-09, 3-28-01)
Sec. 25-33. - Interference with the tree warden.#
No person shall hinder, prevent, delay, or interfere with the tree warden or any of his or her assistants while they are engaged in carrying out the implementation of this article; provided, however, that nothing herein shall be construed as an intent to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction, or the protection of property rights by the owner of any property within town.
(Ord. No. 2001-09, 3-28-01)
Sec. 25-34. - Effective date.#
This article and any amendment thereto shall be declared to be of immediate necessity for the preservation of public peace, health and safety and shall be in full force and effective from and after its passage and publication as provided by law.
(Ord. No. 2001-09, 3-28-01)
Sec. 25-35. - Severability.#
If any one or more sections of this ordinance shall for any reason be adjudged unconstitutional or otherwise invalid, the judgment shall not effect, impair, or invalidate the remaining provisions.
(Ord. No. 2001-09, 3-28-01)
Sec. 25-36. - Relationship to other ordinances.#
Nothing in this article shall be construed to restrict, amend, repeal, or otherwise limit the application or enforcement of the zoning ordinance or the subdivision and land development regulations of the town.
(Ord. No. 2001-09, 3-28-01)