[HISTORY: Adopted by the Town Council of
the Town of Portsmouth 1-11-2006 by Ord. No. 2006-1-11. Amendments noted
where applicable.]
A.
There is hereby established in the Town of Portsmouth,
Rhode Island, an ordinance regulating the planting, maintaining, maintenance
and removal of trees in the public rights-of-way, parks and all public
property within the Town.
B.
The Portsmouth Tree Commission is hereby established.
The Commission shall, together with the Tree Warden, recommend for
Town Council approval the establishment of regulations relating to
the planting, maintenance, protection and removal of trees on all
public property. The provisions of this chapter shall apply to all
public property within the Town and to any person, firm, corporation
or public or private utility.
The purpose of this chapter is to establish
Town policy and protective regulations regarding the planting, maintenance,
protection, preservation and removal of public trees to protect the
health, safety and welfare of the citizens of Portsmouth.
Definitions of related terms used in this chapter
and in educational materials created by the Tree Commission can be
found below:
A person engaged in the professional practice of tree care,
licensed by the State of Rhode Island as a certified arborist.
The diameter of any tree trunk at breast height, 4 1/2
feet above the ground.
Any intentional or negligent act which may reasonably be
expected to cause a tree to die within a period of three years, including
but not limited to damage inflicted upon the root system by machinery,
storage of materials to cause compaction, substantially changing the
natural grade at the root system or around the trunk, excessive pruning
or paving with concrete, asphalt or other impervious materials.
A tree or part thereof which has been blighted or defaced,
causing it to decline.
A vertical line extended from the outermost portion of a
tree canopy or crown to the ground.
A document detailing the proposed park or public place, site,
street widths, curbs, parking strips, driveways, sidewalks and adjacent
structures accurately defined to scale, the proposed location of each
tree, together with the location of each existing tree within the
proposed site in scaled relation to the other features of the plan,
the species of each and every tree proposed to be planted and those
already existing within the proposed site, either indicated on the
plans or referenced with a number with a key list.
Any public tree which is of such interest to the Town because
of its type, age, size or historical association that it shall be
protected pursuant to this chapter.
The removal of any branches greater than two inches in diameter.
Those standards set forth by the International Society of
Arboriculture, Western Chapter, dated May 9, 1988, as amended.
A tree or part of a tree that constitutes a hazard to life
or property, or harbors insects or disease that constitutes a potential
threat to other trees within the Town, or a health hazard to the citizens
of the Town.
All trees now or hereinafter growing in any public right-of-way,
park or public property within the Town, except those under the jurisdiction
or control of the State of Rhode Island or any department or agency
thereof.
The uprooting or severing of the main trunk of the tree,
or any act that causes or can reasonably be expected to cause the
tree to die.
Any tree that is planted to replace an existing tree that
must be or has been removed. Replacement trees must have a minimum
diameter breast height (DBH) of 2 1/2 to three inches or 12 to
14 feet in height. The Tree Warden may require a larger size or multiples
of trees based on the size and value of the tree(s) to be replaced.
The hole dug in which the tree is to be placed for planting.
The cutting back of limbs and stubs larger than three inches
in diameter within the tree's crown to such a degree as to remove
the normal canopy and disfigure the tree.
The arborist appointed as the designated, qualified official
of the Town assigned to carry out the enforcement of this chapter
as well as additional duties under state law.
The removal of nonessential branches less than two inches
in diameter.
The Tree Warden shall be appointed by the Town
Council. The Tree Warden shall be an experienced arborist, certified
by the State of Rhode Island. The appointment and duties of the Tree
Warden shall be in accordance with R.I.G.L. Chapter 2-14, and as defined
in R.I.G.L. § 2-14-5, and R.I.G.L. Chapter 2-19, which governs
the licensing of arborists.
A.
Composition and appointment. The Portsmouth Tree Commission
shall be composed of interested Town residents, up to a maximum of
20 persons. A majority of the members shall be a quorum for the transaction
of business. The Tree Warden and a public works representative shall
serve as nonvoting members, ex officio. The Tree Commission shall
annually elect a Chairperson and such other officers as it deems appropriate.
Members of the Tree Commission shall be appointed by the Town Council.
As vacancies arise, the Town Clerk shall publicly advertise for new
members. All members of the Commission shall serve without pay or
compensation.
B.
Duties. The Portsmouth 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 tree programs, including the planting, care
of and removal of trees on public property in conjunction with the
Town's Department of Public Works and other related Town departments.
(3)
Issue implementing guidelines based on recommendations
of the Tree Warden, subject to Town Council approval.
(4)
Coordinate efforts by individual citizens, businesses,
neighborhood or charitable organizations and other groups wishing
to donate funds, volunteer work, provide information, or to contribute
in any other manner in order to protect, preserve and enhance the
Town's trees.
(5)
Make recommendations to the Town Council on matters
of tree programs, educational programs or other related activities.
(6)
Prepare a report annually for the Town Council summarizing
the activities of the Commission for the preceding year.
A.
As a general rule, the Town will ensure that public
trees are properly cared for. This will include spraying, pruning
and fertilizing, when necessary.
B.
An individual citizen, however, may recommend a public
tree that needs care to the Tree Warden or to the Tree Commission.
If it is determined that the tree needs treatment, action will be
taken by the Town.
C.
No signs, symbols, wires or reflectors may be attached
to public trees, nor may public trees be carved, nailed or defaced.
Trees on public space shall not be chemically sprayed, pruned, cut,
damaged, removed or otherwise disturbed without the approval of the
Tree Warden.
D.
All public trees within 30 feet of any excavation,
construction site or street work shall be protected to the dripline
throughout the length of the project with a substantial frame or box
not less than four feet high. The developer/builder shall be responsible
for compliance with this requirement. The Tree Warden shall ensure
compliance with this provision.
E.
No person shall deposit, store or maintain any soil,
brick, sand, concrete or any other materials that may impede the free
passage of water, air and fertilizer to the roots of any public tree
growing therein, except by written permission from the Tree Warden.
F.
No person shall move any building or other large object
that may injure public trees or parts thereof without first obtaining
written permission from the Tree Warden.
G.
Whenever it becomes necessary to remove a tree or
group of trees in connection with the paving of a sidewalk, or for
the widening of a portion of a street or highway, the Town shall replace
the tree(s) removed. Replacement trees shall meet the standards of
size (as near as possible), species and placement as the removed trees.
H.
When a public tree is pruned or removed, all wood
and branches shall be removed expeditiously by the person(s) performing
the work. Stumps should be removed or ground down as a safety factor.
When this type of work is done, the Tree Warden shall be consulted
by those doing the work.
I.
In accordance with state law (R.I.G.L. § 2-14-5),
the Tree Warden may enter upon private property when necessary to
exercise care and control. This affects trees or branches that overhang
public roads or grounds or trees that otherwise may threaten public
safety. Other powers of the Tree Warden will be as spelled out in
Title 2, Chapter 2-14, of Rhode Island State Law (R.I.G.L. § 2-14-1
et seq.).
Any person desiring to plant a tree on a public
street or in a public place must follow all planting guidelines, including
location and species, as provided by the Tree Commission's public
education literature.
A.
A "notable tree" is a public tree that possesses distinctive
characteristics such as great age or size, unique form or is of historical
significance.
B.
Designation of public notable trees:
(1)
The Tree Commission, upon the suggestion of the Tree
Warden, a member of the Commission or the recommendation of an individual
citizen, may designate a tree as a "notable tree."
(2)
The criteria for this designation shall include, but
not be limited to, the following:
(3)
After Tree Commission approval of a notable tree designation,
the Tree Commission shall maintain a list of these trees with their
specific locations and photographs. Copies shall be provided to the
Town Clerk and the Planning Board.
(4)
Once a tree is designated a notable tree, it will
be protected by the provisions of this chapter.
The provisions of this chapter may be waived
by the Director of Public Works, in consultation with the Tree Warden,
in the case of emergencies, such as winter storms, tropical storms,
hurricanes or other natural or man-made disasters, so that they in
no way shall hinder private or public works efforts to restore order
to the Town of Portsmouth. All emergency procedures shall, to the
degree practical, follow the standards of this chapter.
