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.
[Amended 10-3-2023 by Ord. No. 2023-7]
A. 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.
B. The Building Official shall provide written notice to any land owner
found to be in violation of the provisions of this chapter. The notice
of violation shall detail the nature of the violation, fines to be
levied and provide a time frame for taking remedial action. No additional
building permits for the subject property shall be issued until a
plan for rebuilding the stone wall has been submitted and approved
by the Smithfield Historic Preservation Commission.
C. In mitigation of any violation of this chapter, and in addition to
any fines levied, the Building Official shall require a written remediation
plan of repair or restoration of the stone wall illegally altered
and the owner shall be required to execute the wall restoration plan.
In all cases, any plan to repair or restore an affected stone wall
must be approved by the Smithfield Historic Preservation Commission
prior to the commencement of any work.
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.
[Added 10-3-2023 by Ord. No. 2023-7]
All applicants submitting an application for a building permit
for a new structure or building addition shall be provided a copy
of this chapter and execute an affidavit acknowledging receipt of
said chapter and that they have read and understand the provisions
contained herein.