The text
Footnotes:
--- (4) --- Cross reference— Minimum design standards for trees in subdivisions, § 15-97.
Sec. 14-50. - Definitions.#
The following words, terms, and phrases and their derivatives when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. When not inconsistent with context, words used in the present tense include the future and words in singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Applicant means a person who is applying for a license or permit required by this article.
Approval means written assent from the city tree commission or the city forester pursuant to a duly executed application for approval made on a form promulgated by the city.
City forester means the municipal arborist, city forester, landscape architect, superintendent of parks, division of parks, supervisor of urban forestry operations or other qualified designated official of the city assigned to carry out the enforcement of this article.
Parks means any city public spaces designated for recreation and/or conservation.
Person means any person, firm, partnership, association, corporation, company, or organization of any kind including public utility and city department.
Property line means the boundary between private and city-owned land.
Property owner means the person owning such property as shown by the records of the recorder of deed of the city.
Public hazard means a dead, weakened or diseased tree or one containing signs and/or symptoms of a hazard tree as described by the International Society of Arboriculture and/or Society of Municipal Arborists.
Public place means any other ground owned by the city.
Public trees means all trees now or hereafter growing on any street, park, or any other public place.
Street or highway means the entire width of every public way or right-of-way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic.
Tree means any living, self-supporting woody plant that has a well-defined stem with a caliper of at least 1½ inches (3.81 centimeters) at 4½ inches (1.37 meters) from the ground level.
Tree lawn means that part of a street or highway not covered by sidewalk or other paving, lying between the property line and that portion of the street or highway usually used for vehicular traffic.
Tree removal means any act that will cause a tree to die within a three-year period.
Tree well means any opening in the ground area surrounding the base of the tree trunk not covered by a sidewalk and paving. Tree well openings shall have a minimum pit size of 32 inches by 48 inches.
(Rev. Ords. 1987, § 14-50; Ch. 442, § I, 12-18-07)
Cross reference— Definitions generally, § 1-2.
Sec. 14-51. - Purpose.#
The purpose of this article is to protect the health, safety and welfare of the citizens of the city by regulating tree management activities. The protection of this valuable natural resource will serve to enhance the community by aiding in the prevention of air, noise and visual pollution; aiding in the stabilization of soil; enhancing property values; providing glare and heat protection; and enhancing the aesthetics and general quality of life of the citizens of the city.
(Rev. Ords. 1987, § 14-51)
Sec. 14-52. - Tree commission; powers and duties; meetings.#
(a)
Created; composition; appointment. There is created a tree commission, hereinafter referred to as the "commission" which shall consist of five members, including two ex officio positions. The mayor, when appointing members to the East Providence Tree Commission, shall give consideration to those persons interested in the conservation and preservation of trees and the urban forest of East Providence. The commission shall, to the extent practicable, include:
(1)
One licensed arborist;
(2)
One professional landscape architect or landscape gardener;
(3)
Three members shall be lay citizens;
(4)
The city forester and a member of the city council shall both be ex officio.
(b)
Powers and duties. The tree commission shall have the following powers and duties:
(1)
The duties of the tree commission shall be interpreted to include, but not be limited to the protection, maintenance, removal, and planting of trees on public property, and to make such recommendations from time to time to the city council as to desirable legislation concerning the tree program and activities for the city.
(2)
The tree commission shall hear and decide appeals from the standards of this article or an appeal of a decision of the city forester. It may approve, modify, or deny the requested adjustment, based upon protection of public interest, preservation of the intent of this article, and possible unreasonable and unnecessary hardships involved in the case. The commission shall act upon all appeals as expeditiously as possible and shall notify the applicant in writing within five days of the action taken by the commission on the appeal.
(c)
Regular and special meetings; quorum. Regular meetings of the tree commission shall be held quarterly or as needed. Special meetings shall be held as often as the board shall determine them to be necessary. A quorum for the transaction of business at all regular and special meetings shall be three members with full voting powers.
(Rev. Ords. 1987, §§ 14-52—14-54; Ch. 442, § II, 12-18-07; Ch. 877, § XXI, 6-6-23)
Cross reference— Boards, committees and commissions, § 2-36 et seq.
Sec. 14-53. - City forester—Appointment; qualifications.#
The city forester shall be recommended by the director of parks and recreation, approved and appointed by the mayor. The city forester shall be a person holding at least a bachelor's degree from an accredited college or university in arboriculture or a related field or the equivalent in training or experience.
(Rev. Ords. 1987, § 14-55; Ch. 442, § III, 12-18-07; Ch. 877, § XVII, 6-6-23)
Cross reference— Officers and employees, § 2-207 et seq.
Sec. 14-54. - Same—Duties.#
The city forester shall affirm the rules and regulations of the arboricultural specifications and standards governing the protection, maintenance, removal and planting of trees on the streets, parks, public places and other tree protection zones in the city. The city forester shall plan, direct, regulate and control the protection, maintenance, removal, and planting of all trees growing now or hereafter in the streets, parks, public places and other tree protection zones of the city. The city forester is further charged with keeping informed of environmental and technical changes that could affect the trees of the city. The city forester shall also cooperate and communicate with other public works department personnel, mayor's office, planning department, community development department and all other city, state and federal agencies. Lastly, the city forester shall cause the provisions of this article to be enforced.
(Rev. Ords. 1987, § 14-56; Ch. 877, § I, 6-6-23)
Sec. 14-55. - Same—Authority.#
(a)
The city forester shall have the authority and jurisdiction of public and protected trees to insure public safety, preserving, protecting the value and health of the city's urban forest as a whole.
(b)
The city forester shall consider the existing and future utility and environmental factors when recommending a specific species for each of the streets and other public sites and when issuing permits for tree work, removal, or planting.
(c)
The city forester shall have the responsibility of regularly updating a master systemized tree management and planting program.
(d)
The city forester shall have the authority to review all requests for permits for any planting, removal, pruning, and/or trimming or cutting of trees in any public area, with the exception of an historic or protected tree. The city forester shall also have the authority to grant or deny and to attach reasonable conditions to all permits with the exception of those specifically exempted in this article.
(e)
The city forester shall enforce such rules, regulations and permit and penalty procedures as are deemed necessary to enforce the intent of this article.
(f)
The city forester or his agents, under the power given in this article, may cause or order to be removed, trimmed, or treated, any tree or part thereof on private grounds which is in an unsafe condition so that it poses a threat to the public or public property or which by reason of its nature is injurious to sewers or other public improvements or right-of-way, or is afflicted with an injurious fungus, insect, or other pest so as to constitute a threat to the health of the city's urban forest.
(g)
The city forester or his agents shall have the power to cause or order to be treated, any tree infested by a parasite insect or pest, when it shall be deemed necessary in his opinion to do so to prevent danger therefrom to persons or property, or to trees planted in the public streets or other public places. Due notice shall be given to the property owner prior to any action on the part of the city forester.
(h)
Unless the condition of the tree constitutes an immediate public hazard, he or she shall, at least five days before the removal, post in the immediate vicinity a suitable notice stating his or her intention to remove the tree. If any person, firm or corporation objects to the removal, he or she may appeal it to the tree warden, in writing, who shall hold a public hearing at some suitable time and place after giving reasonable notice of the hearing to all persons known to be interested and posting a suitable notice in the immediate vicinity. Within five days after the hearing, the tree warden shall render his or her decision granting or denying the appeal (R.I.G.L. § 2-14-8).
Any appeal of a decision of the city forester shall be brought before the tree commission, as articulated in subsection (a) of this section, within five business days of the decision.
(Rev. Ords. 1987, § 14-57; Ch. 442, § IV, 12-18-07)
Sec. 14-56. - Public danger of obstruction; trees pruned, removed, or treated.#
(a)
It shall be unlawful for any person to hinder, prevent, delay or interfere with the city forester or any work being done by an employee of the city, while engaged in the lawful execution of this article. This shall not be construed as an attempt to prohibit the pursuit of any legal or equitable remedy in a court of competent jurisdiction.
(b)
It shall be the duty of the person owning or occupying real property bordering on any public street or thoroughfare, upon which property there may be trees, to prune in such manner that they will not obstruct or shade street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs or obstruct the view of any street or intersection so as to pose a threat to pedestrian or vehicular safety. The minimum clearance of any overhanging portion thereof shall be eight feet (2.44 meters) over sidewalks, and 12 feet (3.65 meters) over all streets and thoroughfares and/or at the discretion of the city forester.
(Rev. Ords. 1987, § 14-58)
Sec. 14-57. - Protection of trees on public property.#
(a)
During development, redevelopment, razing or renovating, no trees shall be cut, damaged, destroyed or removed except by specified permit. All trees removed, destroyed, or severely damaged shall be replaced at the expense of the permittee. The total caliper of all trees planted in the course of restoration shall in no event be less than the total caliper of all trees removed. Replacement shall be made with 2½-inch to six-inch caliper trees and/or as directed by the city forester. If sufficient tree planting locations are unavailable within the contract area, the replacement trees shall be planted within one-quarter mile of the contract area as determined by the city forester except by special permit of the city forester.
(b)
All trees within 30 feet (9.1 meters) of any excavation or construction of any building, structure, or street work shall be guarded through the length of the project with a good substantial fence, frame, or box not less than four feet (1.2 meters) high and eight feet (2.4 meters) square, or equivalent. All equipment, building materials, chemicals, dirt, or other debris shall be kept outside the barrier at all times.
(c)
No person shall intentionally damage, cut, carve or transplant any tree; attach any rope, wire nails, advertising posters, or other contrivance to any tree; allow any gaseous, liquid, chemical, or solid substance that 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 without first obtaining a written permit from the city forester.
(d)
No person shall deposit, place, store, or maintain any stone, brick, sand, fill dirt, 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 of the city forester.
(e)
No person shall preclude the percolation of water or nutrients and gaseous exchange vital to a tree's survival by placing any impervious materials (asphalt, macadam concrete) within the confines of the tree well opening.
(Rev. Ords. 1987, § 14-59)
Sec. 14-58. - Planting of trees upon any public street or public place.#
(a)
Any person desiring to plant a tree upon any public street or public place must first obtain a permit from the city forester. Any permit shall be granted to a date certain and shall include consideration of appropriateness of species, location size, and public safety.
(b)
Should the planting be performed by persons other than the city forester or his agents the proposed method and workmanship for planting as prescribed by the city forester shall be adhered to.
(c)
Cities and towns may appropriate resources to be used under the direction of the tree warden in planting shade trees upon land adjoining public right of ways, at a distance not exceeding 20 feet from the public ways, that will function as public trees by improving, protecting, shading or beautifying the right of way; provided, that the written consent of the owner of the adjoining land is first obtained (R.I.G.L. § 45-2-43).
(Rev. Ords. 1987, § 14-60; Ch. 442, § V, 12-18-07)
Sec. 14-59. - Emergencies.#
The requirements of this article may be waived by the mayor in the case of emergencies such as windstorms, ice storms, or other disasters so that they, in no way, shall hinder private or public work to restore order in the city. This work shall follow maintenance standards as outlined by the city forester.
(Rev. Ords. 1987, § 14-61; Ch. 877, § I, 6-6-23)
Sec. 14-60. - Moving large objects.#
No person shall move any building or any other large object that may injure public or protected trees or parts thereof, without first obtaining the written approval of the city forester and abiding by his requirements.
(Rev. Ords. 1987, § 14-62)
Sec. 14-61. - Permits required.#
(a)
Generally. A permit shall be a written document that authorizes the bearer thereof to perform the proposed work as outlined on such permit. The permit shall be issued only by the city forester or his representative.
(b)
Application. A permit shall be obtained by filling out an application. Upon approving the application, the city forester or his representative shall issue the permit.
(c)
Work requiring a permit. A permit shall be required for planting, spraying, pruning, cutting above ground, removing, or otherwise disturbing any tree on any street, park or other public place.
(d)
Issuance. The city forester shall issue any permit provided for in this article if the proposed method and workmanship shall be of a satisfactory nature and the project shall be consistent with this article. Any permit granted shall contain a definite date of expiration and the work shall be completed in the time allowed in the permit and the manner as therein described. Any permit shall be void if its terms are violated.
(e)
Notification of completion. The city forester shall be notified by the bearer of the permit upon satisfactory completion of designated work.
(f)
Plantings. Plantings shall be as follows:
(1)
The application required in this article shall state the number of trees to be set out or planted in public spaces, the location, grade, species, cultivar or variety of each tree, the method of planting, and any such other information as the city forester shall find reasonably necessary to a fair determination of whether a permit should be issued.
(2)
The city forester shall have the right to make the final determination as to location, species, cultivar or variety of each tree and the method of planting before issuing the permit.
(g)
Maintenance. The application required in this article shall state the number and kinds of trees to be sprayed, fertilized, pruned, or otherwise preserved; the kind of treatment to be administered; the composition of the spray material to be applied; and such other information as the city forester shall find reasonably necessary to a fair determination of whether a permit should be issued.
(h)
Removal, replanting and replacement. Removal, replanting and replacement shall be as follows:
(1)
Wherever it is necessary to remove a tree in connection with the paving of a sidewalk, or the widening of the portion of the street or highway, the city shall replant the tree or replace it. This requirement will be satisfied if an equivalent number of trees of the same size and species as provided in the arboricultural specifications and standards of practice are planted within one-quarter mile of the original tree location.
(2)
No person shall remove a public tree for the purpose of construction or any other reason, without first filing an application and procuring a permit from the city forester. The city forester may require replacement of a removed tree as a condition to the issuance of a permit. Such replacement shall meet the standards of size, species and placement as provided for in a permit issued by the city forester. The person or property owner shall bear the cost of removal and replacement of all trees removed.
(Rev. Ords. 1987, § 14-63)
Sec. 14-62. - Registration of tree experts.#
To protect the public, the city shall require any person who removes or maintains trees on public property as a business to be: (1)
Properly licensed to perform such work.
(2)
Certified by the state or any other agency that regulates arboricultural practices.
(3)
Covered by workman's compensation to the extent required by state law and public liability and personal property, insurance in minimum amounts hereinafter mentioned adequate to cover and save harmless the city and its agents from all suits, claims, or actions of every class and nature for or on persons, or property damage caused or claimed to be caused, directly or indirectly by the conduct of the work contemplated, or by acts of strangers, or any conditions due to the elements or any defects or insufficiencies in any method material ways machinery equipment or apparatus used in connection with the work.
(4)
Covered by public liability insurance with limits of not less than $400,000.00 shall be carried.
(Rev. Ords. 1987, § 14-64)
Sec. 14-63. - Interference with city forester.#
No person shall hinder, prevent, delay or interfere with the city forester or any of his assistants while engaged in carrying out the implementation of this article; provided, however, that nothing in this article shall be construed as an attempt to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner of any property within the city.
(Rev. Ords. 1987, § 14-65)
Sec. 14-64. - Appeals.#
(a)
Any adjustment of the standards required by this article or an appeal of a decision of the city forester shall be taken to the tree commission. The tree commission upon receipt of such request on forms provided by the city forester, shall have the authority and duty to consider and act upon the request. This application shall clearly and in detail state what adjustments or requirements are being requested, reasons such adjustments are warranted, and shall be accompanied with such supplementary data as is deemed necessary to substantiate the adjustment.
(b)
The commission shall act on the application as expeditiously as possible and shall notify the applicant in writing within five days of the action taken.
(c)
If the applicant remains dissatisfied with the ruling of the tree commission, the applicant may appeal to the municipal court. Notice of the appeal must be filed within ten business days of his or her receipt of the commission's decision. This notice must be in writing and directed to the city forester and the mayor.
(d)
No tree subject to the provisions of this chapter shall be removed or in any way altered during the pendency of an appeal, unless deemed a public hazard by the city forester pursuant to section 14-55(h).
(Rev. Ords. 1987, § 14-66; Ch. 442, § VI, 12-18-07; Ch. 877, § I, 6-6-23)
Sec. 14-65. - Violation and penalty.#
(a)
First notice of violation. A notice by the city forester shall be issued stating the alleged violations by the property owner, advising the owner that these violations must be corrected. This notice shall:
(1)
Be in writing;
(2)
State the alleged violations applicable to this section;
(3)
Describe the property where the violations are alleged to exist or have been committed;
(4)
Provide a reasonable time, as stipulated by the city forester for the correction of any alleged violation, re-growth of improperly cut or trimmed trees/vegetation or the repurchase and replanting of trees that were destroyed;
(5)
Be served upon the owner, occupant, operator or agent of the property, or by certified or registered mail, return receipt requested, addressed to the last known place of residence of the owner, occupant, operator or agent;
(6)
Inform the person to whom it is directed of his/her rights to apply for a hearing before the city forester and the procedure by which application for such hearing shall fulfill the requirements for service of the notice of violation;
(7)
After expiration of time granted the person served with the notice to seek a hearing, and a hearing was not requested, the notice may be recorded in the office of the recorder of deeds;
(8)
No notice shall be recorded if a hearing has been requested, received, and/or under appeal;
(9)
No notice and lien recorded shall be released until the violation has been abated and the penalty imposed has been paid.
(b)
Reinspection. After the appropriate time period, as stipulated by the city forester in the notice of violation, the property described in the notice of violation shall be reinspected. If upon reinspection the violations alleged are determined to have not been corrected, then a second notice of violation shall be issued.
If the owner of the property fails to purchase and replant the trees/vegetation which were improperly pruned without a permit or were destroyed, they will be assessed all relevant costs incurred by the city to purchase and plant new trees/vegetation whether performed by the parks division of the city or a privately hired contractor. These costs include, but are not limited to, tree costs, delivery costs, tree removal, site clearing and salary/labor.
(Rev. Ords. 1987, § 14-67; Ch. 442, § VII, 12-18-07)