The text
Sec. 38-181. - Policy and purpose.#
This article is intended to contribute to the protection and promotion of the health, safety and welfare of the citizens of the town by providing the authority, procedures and organizational structure for the regulation, protection, maintenance, planting and removal of trees on public space within the town, as well as private property in certain specified situations and under certain conditions (see G.L. § 2-14-1 et seq.). Adoption of this article is expected to further enhance the attractive natural environment and livability of the town in a number of ways, including: •
Contribute to the prevention of air and noise pollution;
•
Enhance community aesthetics and general quality of life;
•
Contribute to soil stabilization;
•
Protection from wind, heat and glare.
This article shall be known and cited as the "Tiverton Tree Ordinance."
(Ord. of 5-24-99, § 1)
Sec. 38-182. - Definitions.#
The following words or their derivatives shall have the meanings given below for purposes of this article. When not inconsistent with the context, present tense includes the future and singular includes the plural. "Shall" is used to indicate something mandatory.
Applicant means a person applying for a permit under this article.
Application means a signed request in writing by a person having an interest in the matter seeking authority for activity governed under this article.
Permit means a document in writing signed by the tree warden that gives approval for activity within the warden's jurisdiction under this article, containing, when necessary, conditions under which the activity may be conducted.
Person means any person, corporation, firm, partnership, company, association, or any other legally established organization.
Public right-of-way means public space which is that part of a road to the side of the part designated for vehicular traffic.
Public space means land, roads, and public grounds (including schools, parks, and town forests) owned by the town.
Road means the entire width of a public way, including streets and highways, or a right-of-way when any part thereof is open to use of the public, as a matter of right, for purposes of vehicular or pedestrian traffic.
Tree means any self-supporting woody perennial plant which has a trunk diameter of at least 1½ inches (3.81 cm) measured a point six inches above ground level and capable of reaching a height greater than ten feet, usually with one main stem or trunk and many branches. The term includes fruit, shade, ornamental and forest trees and shrubs.
(Ord. of 5-24-99, § 2)
Sec. 38-183. - Tree commission.#
(a)
Establishment/membership. The tree commission is hereby established to replace the existing tree planting commission, which is terminated herewith. It will serve without compensation. There shall be three members appointed by the town council for four-year terms, staggered so that no more than one term expires in any one year. The town council shall fill vacancies for the remainder of an unexpired term. In addition, the director of the department of public works and the chairperson of the conservation commission shall be members ex officio, and the tree warden shall be a nonvoting member ex officio. The tree commission shall annually elect a chairperson and such other officers it deems appropriate.
(b)
Duties. The tree commission shall:
(1)
Act in an advisory role to the town council and the tree warden;
(2)
In that capacity, do all acts necessary and proper to fulfill the town's forestry functions including the planting, care and removal of trees on public space; and, on private property as provided in sections 38-185 and 38-186;
(3)
Based on recommendations of the tree warden, issue implementing guidelines, subject to town council approval;
(4)
Make recommendations to the town council on such matters as tree programs and activities; and
(5)
Review appeals (section 39-189) made by applicants whose applications have been denied by the tree warden, or by persons otherwise aggrieved or affected by an application decision.
(Ord. of 5-24-99, § 3)
Sec. 38-184. - Tree warden.#
(a)
Appointment. There shall be a tree warden appointed by the town council at a regular meeting in January of each year for a period of one year (G.L. § 2-14-2). The person appointed shall be an experienced, licensed arborist.
(b)
Duties. The tree warden shall:
(1)
Implement and enforce provisions of the this article, as well as any guidelines adopted thereunder;
(2)
Keep informed of environmental and technical changes that could affect the town's trees on public grounds;
(3)
Consider utility and environmental factors in recommending species for planting and in issuing permits for tree work, removal or planting;
(4)
Work with local civic and public groups involved in tree care, preservation or planting activity; and
(5)
Function within budget and in compliance with federal, state and local law.
(c)
Authority. The tree warden shall have authority and jurisdiction to:
(1)
Regulate, conduct and direct actions concerning the maintenance, removal and planting of trees on public space to ensure public safety, aesthetics preservation, and protection of trees on public space;
(2)
Do work on trees on private property in the limited situations covered in sections 38-185 and 38-186;
(3)
Approve, deny, or attach reasonable conditions in acting on applications for permits;
(4)
Prepare and implement tree planting plans for the town, and prepare an inventory of trees on public space of the town, subject to the concurrence of the tree commission and approval of the town council; and
(5)
Implement and enforce guidelines, rules and procedures of the town that relate to this article.
(Ord. of 5-24-99, § 4)
Sec. 38-185. - Trees on private property—Duties of owner/occupant; authority of tree warden.#
(a)
Owners and occupants of private property with trees bordering on a road have the responsibility to keep such trees pruned so that they do not obstruct or shade street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct the vision of roads so as to pose a substantial threat to the safety of pedestrians or vehicles.
(b)
Subject to G.L. § 2-14-5, the tree warden and/or his/her agent may enter upon private grounds of the town to:
(1)
Prune trees not pruned as required in subsection 38-185(a);
(2)
Remove, treat, or do necessary work on 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 and other public improvements or rights-of-way, or which is afflicted with an injurious fungus, insect or other pest so as to constitute a threat to the health of town forests; and
(3)
Treat or cause or order to be treated any tree infested by a parasite insect or pest when it shall be necessary to prevent the spread of any parasite or animal pest and to prevent harm therefrom to persons or property or to trees on public grounds or roads. In such cases any action by the tree warden shall be preceded by a five-day notice given to the property owner/occupant, and when the tree warden deems that performance of the required work by such party feasible, such party shall be given ten days in which to complete the work. When a party so notified fails to complete the required work within such time, reasonable charges for the work performed at town expense may be assessed to such party.
(Ord. of 5-24-99, § 5)
Sec. 38-186. - Town planting on private property.#
The tree warden may use resources available for planting on public space to plant shade trees on private property adjoining public rights-of-way, at a distance not exceeding the maximum distance specified in state law, if such trees will benefit the public by shading or beautifying rights-of-way, provided that the written consent of the private property owner is obtained. Such trees shall become the property of the private property owner with all-consequential rights and responsibilities.
(Ord. of 5-24-99, § 6)
State Law reference— Similar provisions, G.L. § 45-243.
Sec. 38-187. - Planting, maintenance and protection of trees on public space.#
(a)
No tree shall be planted on any public space without a permit from the tree warden. Such permits shall specify the location and date of planting, and indicate acceptable species and size, taking public safety into account.
(b)
Trees on public space shall not be sprayed, pruned, cut, damaged, destroyed, removed or otherwise disturbed without a permit issued by the tree warden, which will indicate necessary requirements. Nor shall any material be placed at or near the base of a tree on public space that might impede the free passage of water, air or fertilizer to its roots. Replacements or work required to correct such activity shall occur as determined by the tree warden, and the costs shall be borne by the person responsible for the activity.
(c)
No person shall move any building or large object that might injure trees on public space without a permit from the tree warden.
(d)
The requirements of this section may be waived by the town administrator during emergencies such as storms in the interest of public safety and the restoration of order.
(Ord. of 5-24-99, § 7)
Sec. 38-188. - Permit procedure.#
Persons who have an interest in the matter shall make requests for permits under this article to the tree warden by application in writing. The tree warden shall act on the matter within 14 days. Upon approval or denial by the tree warden, the applicant shall be notified in writing, with reasons given for any denial.
(Ord. of 5-24-99, § 8)
Sec. 38-189. - Appeals.#
Persons whose applications have been denied or subjected to limiting conditions, as well as any person otherwise aggrieved or adversely affected by an application decision, may within ten days of the decision of the tree warden appeal the decision in writing to the tree commission, which shall review the matter, holding a hearing when appropriate, and make its decision within 30 days.
(Ord. of 5-24-99, § 9)
Sec. 38-190. - Violations; penalties.#
Any person violating any provision of this article shall be deemed guilty of a misdemeanor. Citations as to violations shall be made and issued by the tree warden. The town's municipal court shall have jurisdiction to try such offenses. Any person convicted of such a violation shall be subject to a fine up to $300.00 and/or the value of trees removed or of the damage to trees not removed. The value of the loss or damage shall be determined by the tree warden based on the latest formula published by the International Society of Arboriculture.
(Ord. of 5-24-99, § 10)
Sec. 38-191. - Liability.#
Nothing in this article shall impose any new or additional liability on the town, members of the town council, or any of its officials or employees, nor relieve the owner or occupant of any property from the legal responsibility they otherwise have in regard to keeping property in a safe condition and free from public hazards.
(Ord. of 5-24-99, § 11)