[HISTORY: Adopted by the Town Council of the Town of Smithfield 10-17-2006.
Amendments noted where applicable.]
The intent of this chapter is to protect the historic stone walls located
in Smithfield since they are a cultural resource and help preserve the rural
character of the Town. This chapter will establish guidelines for the identification
of historic stone walls and provide for the protection and preservation of
the Town's historic stone walls. The protection and preservation of the
Town's historic stone walls is in furtherance of the public health, safety
and welfare.
For the purposes of this chapter, an "historic stone wall" is a vertical
structure of aligned natural stone built before 1900, normally constructed
to designate a property boundary or to separate agricultural activities within
a farmstead. Further classification of historic stone walls will follow the
guidelines set forth in Exploring Stone Walls by R.M. Thornton (Walker &
Co., New York 2005), as the same may be revised from time to time.
A.
The alteration, relocation or demolition of an historic
stone wall or any portion thereof which is located in Smithfield shall require
prior written approval of the Building Official, obtained by submission of
a specific plan containing details of the location, project, and reconstruction
plan. The plan must show due regard for the historic value of the stone wall
and repair methods compliant with these guidelines. A contingency repair bond
may be required by the Building Official.
B.
The alteration, relocation or demolition of an historic
stone wall as part of any subdivision project must also be approved by the
Planning Board.
C.
The replacement of an historic stone wall at its original
location shall be with the same materials and the same construction method
as the original wall, using as many original stones as possible.
D.
Cuts for driveways, roads, utility easements or fire
lanes shall be of the minimum necessary length, and ends of the walls must
be restored.
E.
Historic stone walls in disrepair or neglected condition
shall not be removed from their present location, but must be repaired or
left as is. Any in situ reconstruction shall match that of the original wall,
i.e., drywall or hidden cement.
F.
New stone walls must closely approximate the appearance
of the adjoining historic stone wall with respect to coursing, native field
stone, joint width and distribution of stones by size.
Any person violating any provision of this chapter shall be subject
to a fine of $500. Each day any violation of this chapter shall continue shall
constitute a separate offense.
If any one or more sections of this chapter shall for any reason be
adjudged unconstitutional or otherwise invalid, the judgment shall not affect,
impair, or invalidate the remaining provisions.
Nothing in this chapter shall be construed to restrict, amend, repeal,
or otherwise limit the application or enforcement of the Smithfield Zoning
Ordinance.
