The text
Sec. 13-58. - Purpose.#
(a)
This article regulates the protection, maintenance, removal and planting of trees in the public right-of-way, parks, and all public property within the town and on private property endangering the public and/or public property. This article also establishes the town tree warden, who shall recommend for town council approval the establishment of regulations relating to the protection, maintenance, removal, and planting of trees in the above-mentioned public and private places. In addition, this article provides for the maintenance or removal of trees on private property when the public safety is endangered and prescribes penalties for violations of its provisions, as amended. The provisions of this article shall apply to all property within the town.
(b)
This article will also serve to protect the health, safety and welfare of the citizens of the town by regulating tree management activities. The protection of this valuable natural resource will serve to enhance the community in the following ways:
(1)
Aid in the prevention of air, noise and visual pollution.
(2)
Aid in the stabilization of soil.
(3)
Enhance property values.
(4)
Provide glare and heat protection.
(5)
Enhance the aesthetics and general quality of life of the town.
(c)
This article shall be known and may be cited as the "West Warwick Tree Ordinance."
(Code 1970, § 13-61; Res. No. 99-175, § 1, 7-6-1999)
Sec. 13-59. - Definitions.#
For the purposes of this article, the following terms, phrases, words and their derivatives shall have the meaning given herein:
Applicant means a person who is applying for a license or permit required by this article.
Approval means written assent from the town tree warden pursuant to a duly executed application for approval made on a form promulgated by the town.
DBH means diameter at breast height, at 4½ feet (one and thirty-seven hundredths meters) from the ground level.
Parks includes any town public spaces designated for recreation and/or conservation.
Property line means the boundary between private and town-owned land.
Property owner means the person owning such property as shown by the records of the town recorder of deeds.
Public place includes all property owned, leased or controlled by the town.
Public trees includes 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.
Town tree warden means the municipal arborist, town tree warden, landscape architect, director, division of grounds maintenance services, supervisor of urban forestry operations or other qualified designated official of the town assigned to carry out the enforcement of this article.
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 DBH at 4½ feet (1.37 meters) from the ground level and capable of reaching a height greater than 16 feet.
Tree lawn means that part of a street or highway border area 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 removal in whole or part of any tree including any act that will cause a tree to die within a three-year period.
Tree well means an opening in the ground area surrounding the base of the tree trunk not covered by sidewalk and paving. Tree well openings shall have a minimum pit size of two times the width of the root ball and a depth equal to the size of the root ball. Root barrier will be placed on two sides only, which are the street side and the sidewalk opposite of the street.
(Code 1970, § 13-62; Res. No. 99-175, § 2, 7-6-1999)
Sec. 13-60. - Town tree warden.#
(a)
Appointment and qualifications. The town tree warden shall be appointed pursuant to section 2003(A)(6) of the town Charter and G.L. 1956, § 2-14-2. Said person shall have training and experience in arboriculture and shall have passed the state arborist exam. The tree warden shall exercise such powers and duties as are authorized pursuant to the provisions of G.L. 1956, tit. 2, ch. 14, Tree Wardens. The provisions of G.L. 1956, ch. 2-14 shall supersede any authority granted herein in conflict with said statutory authority.
(b)
Duties.
(1)
The town tree warden shall affirm and endorse the purpose and intent of this chapter and shall cause the provisions of this article to be enforced.
(2)
The town tree warden may, with the approval of the town council, prepare and enact a systematized tree management and annual tree planting program for the town which may be prepared as an integral part of a master systematized tree management and tree planting plan.
(3)
The town tree warden is further charged with keeping informed of environmental and technical changes that could affect the town's public and protected trees.
(4)
It shall also be the duty of the tree warden to implement such rules, regulations, and permit and penalty procedures as are deemed necessary to carry out the intent and enforcement of this article.
(5)
The town tree warden shall communicate and work with all civic and public interest groups interested in or devoted to tree care preservation or planting.
(c)
General authority. The tree warden shall:
(1)
Regulate and enact the maintenance, removal, and planting of public and protected trees to ensure public safety, preserving the aesthetics of public sites with regard to trees, and protecting the value and health of the town's community forest as a whole.
(2)
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.
(3)
Be responsible for regularly updating the master systematized tree management and planting program.
(4)
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 a historic or protected tree. He shall also have the authority to grant or deny and to attach reasonable conditions to all permits, with the exception of those specifically exempted herein.
(5)
Enforce such rules, regulations and permit and penalty procedures as are deemed necessary to enforce the intent of this article.
(d)
Authority to treat or remove trees endangering the public and/or public property.
(1)
The town tree warden or his agents, after first giving notice to the property owner and allowing the property owner the opportunity to correct the hazardous condition, 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 an immediate threat to the public or public property. If the hazardous condition is not an immediate threat or by reason of its nature is injurious to sewers or other public improvements or rights-of-way, or is afflicted with an injurious fungus, insect, or other pest so as to constitute a threat to the health of the town's community forest, upon five days' written notice to the property owner, the tree warden may take any action necessary, including, but not limited to, the removal of the tree.
(2)
The town tree warden or his agents shall have the power to enter upon any private grounds in the town to treat or cause or order to be treated any tree infested by a parasite insect or pest when it shall be deemed necessary in his opinion or the board's opinion to do so to prevent the breeding of any parasite or animal pest and to prevent danger therefrom to persons or property or to trees planted in the public streets or other public places. A five-day notice shall be given to the property owner prior to any action on the part of the town tree warden.
(3)
The tree warden, upon noncompliance of the property owner, may cause a lien for the cost of any work on private property to be placed against said property.
(Code 1970, § 13-64; Res. No. 99-175, § 4, 7-6-1999)
Sec. 13-61. - Public danger of obstruction; trees pruned, removed.#
It shall be the duty of persons owning or occupying real property bordering on any public street of thoroughfare, upon which property there may be trees, to prune in such manner that they will not obstruct or shade streetlights, 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 over sidewalks, and 12 feet over all streets and thoroughfares, and/or at the discretion of the town tree warden.
(Code 1970, § 13-65; Res. No. 99-175, § 5, 7-6-1999)
Sec. 13-62. - Protection of public trees.#
(a)
During development, redevelopment, razing or renovating, no trees shall be cut, damaged or removed except by specified permit. All trees removed, destroyed, or severely damaged shall be replaced as specified in the permit at the expense of the permit holder. The total caliper of all trees planted in the course of restoration shall in no event be less than the total DBH of all trees removed. Replacement shall be made with 2½-inch to four-inch caliper trees and/or as directed by the town tree warden. If sufficient tree planting locations are unavailable within the contract area, the replacement trees shall be planted within the town as determined by the town tree board.
(b)
All trees within immediate danger of being damaged by 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 town tree warden.
(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 town tree board.
(e)
No person shall preclude the percolation of water or nutrients and gaseous exchange vital to a tree's survival by the placing any impervious materials (asphalt, macadam, and concrete) within the confines of the tree well opening.
(Code 1970, § 13-66; Res. No. 99-175, § 6, 7-6-1999)
Sec. 13-63. - 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 town tree warden on a form provided by the tree warden. 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 plantings be performed by persons other than the town tree warden or his agents, the proposed method and workmanship for planting as prescribed by the town tree warden shall be adhered to.
(c)
A planting plan is required where more than six trees are to be planted.
(1)
Any person desiring to plant more than six trees on public streets or on public places shall, in addition to applying for a permit, submit a plan or written statement in duplicate to the town tree warden, who shall return one copy to the applicant and keep one copy on file with the town.
(2)
All planting plans shall accurately show:
a.
The proposed park or public place site, or proposed street width, with any curbs, parking strips driveways, sidewalks and adjacent structures defined to scale.
b.
Location of all utilities.
c.
The proposed location of each proposed tree, together with the location of each existing tree within the proposed site in scaled relation to the other features of the plan.
d.
The species of each and every tree proposed to be planted and of these already existing within the proposed site, either indicated on the plan or referenced with a number with a key list.
(Code 1970, § 13-67; Res. No. 99-175, § 7, 7-6-1999)
Sec. 13-64. - Emergencies.#
The requirements of this article may be waived by the town in the case of emergencies, as declared by the town council, town manager or public works director, 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 town.
(Code 1970, § 13-68; Res. No. 99-175, § 8, 7-6-1999)
Sec. 13-65. - 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 town tree warden and abiding by his requirements.
(Code 1970, § 13-69; Res. No. 99-175, § 9, 7-6-1999)
Sec. 13-66. - Permits required.#
(a)
A permit shall be a written document that authorizes the bearer thereof to perform the proposed work as outlined on such permit. Only the town tree warden or his representative shall issue the permit.
(b)
A permit shall be obtained by filling out an application. Upon approving the application, the town tree warden or his representative shall issue said permit.
(c)
A permit shall be required for planting, spraying, pruning, cutting above ground, removing, or otherwise disturbing any public tree in any street, park or other public place.
(d)
The town tree warden shall issue any permit provided for herein 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 in the manner as therein described. Any permit shall be void if its terms are violated.
(e)
The town tree board shall be notified by the bearer of said permit upon satisfactory completion of designated work.
(f)
Plantings. The town tree warden 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 said permit.
(g)
Maintenance. The application required herein 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 town tree warden shall find reasonably necessary to a fair determination of whether a permit should be issued.
(h)
Removal, replanting and replacement.
(1)
Wherever it is necessary to remove a tree in connection with the paving of a sidewalk or the widening of a portion of a street or highway, the town shall require the party responsible for the paving or widening to replant the tree or replace it as deemed necessary by the town tree warden. 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 the town. This requirement shall include the town.
(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 town tree warden. The town tree warden 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 town tree warden. The person or property owner shall bear the cost of removal and replacement of all trees removed.
(Code 1970, § 13-70; Res. No. 99-175, § 10, 7-6-1999)
Sec. 13-67. - Tree specialists or experts.#
(a)
License and bonding required. To protect the public, the town requires that any person who removes or maintains trees on public property as a business shall be bonded and properly licensed to perform such work and certified by the state or any other agency that regulates arboricultural practices.
(b)
Compliance with workers' compensation requirements. Tree specialists or experts performing tree work within the town shall also be covered by workers' compensation to the extent required by state law.
(c)
Insurance required. Tree specialists or experts performing tree work within the town shall carry health insurance as may be required by the town council.
(d)
Liability insurance. Tree specialists or experts performing tree work within the town shall maintain public liability and personal property insurance with limits of not less than $500,000.00 to cover and save harmless the town 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.
(Code 1970, § 13-71; Res. No. 99-175, § 11, 7-6-1999)
Sec. 13-68. - Interference with town tree warden.#
No person shall hinder, prevent, delay or interfere with the town tree warden or any of his assistants while engaged in carrying out the implementation of this article; provided, however, that nothing herein 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 town.
(Code 1970, § 13-72; Res. No. 99-175, § 12, 7-6-1999)
Sec. 13-69. - Appeals.#
(a)
Appeals of the tree warden's findings may be appealed to the town council.
(b)
Any adjustment of the standards required by this article or an appeal of a decision of the town tree warden shall be taken to the town council. The town council, upon receipt of such request on forms provided by the town tree warden, shall have the authority and duty to consider an act upon the request. This application shall clearly and in detail state what adjustments or requirements are being requested, reasons such adjustments or requirements are being requested, and reasons such adjustments are warranted, and shall be accompanied with such supplementary data as is deemed necessary to substantiate the adjustment. The town council may approve, modify, or deny the requested adjustment based upon protection of the public interest, preservation of the intent of this article, and possible unreasonable and unnecessary hardships involved in the case.
(Code 1970, § 13-73; Res. No. 99-175, § 13, 7-6-1999)
Sec. 13-70. - Violation and penalty.#
(a)
Any person violating or failing to comply with any of the provisions of this article may be:
(1)
Subject to court action;
(2)
Fined as may be established by the town council from time to time, which fine shall not exceed the sum of $500.00; and/or
(3)
Charged the replacement value of the trees as removed and/or damaged.
(b)
In addition, the person shall replace the tree and/or repair damage with a size and species permitted by the town tree warden.
(c)
Each tree affected by noncompliance with this article shall constitute a separate violation.
(d)
Violation of this article shall be the basis of withholding a final inspection permit until such violation is corrected to the satisfaction of the town tree warden and/or tree board.
(Code 1970, § 13-74; Res. No. 99-175, § 14, 7-6-1999)