The text
(a)
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 tree warden or his/her designee.
(b)
Any person, public utility or governmental agency desiring a permit, as required by this article, shall submit a written application to the department of public works. The application required herein shall identify the reason for the permit, the number of trees affected, and any other information the tree warden shall find reasonably necessary to a fair determination of whether a permit should be issued.
(c)
As a condition of permit approval, the applicant shall be required to comply with the arboricultural principals and practices of the Warren Tree Administrative Guidelines.
(d)
Upon approval or rejection of said application, the tree warden shall either issue said permit or notify the applicant of rejection of the application.
(e)
Pursuant to G.L. 1956, § 39-1.2, any person, public agency, or public utility responsible for removing and/or installing a tree shall notify Dig-Safe RI/call 811 at least seventy-two (72) hours, excluding Saturdays, Sundays, and holidays, but not more than thirty (30) days before commencing the excavation. Actual excavation must thereupon commence within thirty (30) days. Each public utility shall, upon receipt of each notice of excavation, mark within seventy-two (72) hours or, where applicable in accordance with G.L. 1956, § 39-1.2-12, re-mark within forty-eight (48) hours, the location of all underground facilities.
(f)
The tree warden shall be notified by the bearer of said permit upon satisfactory completion of the designated work.
(g)
Planting. The tree warden shall have the right to make the determination as to location, species, cultivar or variety, or caliper size of each proposed tree before issuing said permit.
(h)
Removal, replanting and replacement.
(1)
Wherever it is necessary to remove a public tree in connection with the paving of a sidewalk, or the widening of a portion of a street or highway, or other type of public improvement undertaken by the town, the town shall replace the tree by planting another within two (2) planting seasons or one (1) calendar year.
(2)
Whenever it is necessary for an entity other than the town to remove a public tree or trees, the tree warden shall require replacement of the removed tree(s) or financial reimbursement of the removed tree(s) as a condition of the issuance of the permit.
(3)
Such replacement shall meet the standards of size, species and placement as provided for in the permit issued by the tree warden. The quantity of the replacement tree or trees shall be based on the size in girth (i.e., caliper or DBH) of the damaged or destroyed tree. The species and planting location of the replacement tree or trees shall be determined by the tree warden. The permittee shall bear all the costs associated with the purchase and installation of the replacement tree or trees. The replacement value(s) shall be equal to the purchase and installation cost of the replacement tree multiplied by the quantity of replacement tree or trees as based on the size in girth (i.e., caliper or DBH) of the damaged or destroyed tree or trees. A check in the amount of the tree replacement value shall be made payable to the town and presented to the tree warden for deposit in the town tree fund where it shall be available for funding future public tree care activities.
(i)
Failure to comply with permit. If the tree warden determines that the permit holder has failed to comply with the terms of the permit and the plan set forth herein, the tree warden shall immediately serve upon the permit holder a notice to comply, which shall be sent by registered or certified mail to the address specified by the permit holder on his/her permit application. Such notice shall set forth specifically the measures needed to come into compliance with such permit and shall specify the time within such measures shall be completed. If the permit holder fails to comply within the specified time, the holder may be subject to revocation of the permit and fine as set forth in section 18-117.
(Ord. of 1-12-2016(2), § 18-7.12; Ord. of 12-8-2020; Ord. of 6-8-2021(1))