Sec. 18-116.1. - Preservation of significant trees.

(a)

Eligibility for significant tree designation. The owner of real estate upon which an eligible tree is located may apply, on a voluntary basis, to the tree commission for a designation of such tree as a significant tree as herein defined.

Upon receipt of such application, the tree commission shall determine whether the tree conforms to the standards as defined herein. The tree commission shall issue a certificate of acceptance if it determines after a hearing on the application that the tree is a significant tree.

(b)

Restrictive covenants required. The owner of the significant tree shall grant to the town a recorded restrictive covenant that the significant tree shall remain and be protected in a manner which preserves the tree's health for a period equal to the tree's natural life. The tree warden or tree commission chair shall record said covenant in the land evidence records for the town.

(c)

Administration of the program. The tree commission shall draft all application and certificate of acceptance forms with the requirements of this program to conform to this article. The tree commission shall establish qualifying guidelines for the protection of significant trees, subject to approval of the Warren Town Council.

(d)

Removal of significant trees. No significant tree shall be removed without prior permission of the tree warden.

(1)

Application. Any person wishing to remove a significant tree shall file a request for a no-cost permit with the department of public works.

(2)

Required findings for approval. In order to grant permission to remove a significant tree, the tree warden, in consultation with the director of public works and the chair of the tree commission, must make one (1) or more of the following findings within ten (10) business days of receipt of the application:

a.

The removal of the significant tree is unavoidable because the tree poses a danger to human safety, health, and welfare.

b.

The significant tree is in poor health or diseased with an expected life span of less than two (2) years.

c.

The significant tree is in danger of falling.

d.

The significant tree acts as a host for a parasite to another species of tree that is in danger of being infested or exterminated by the parasite.

e.

Removal of the significant tree is required for proposed construction and such removal is the sole means of completing the proposed construction based on plans prepared by an engineer, land planner, architect or landscape architect licensed by the State of Rhode Island.

(Ord. of 12-8-2020; Ord. of 6-8-2021(1))