[HISTORY: Adopted by the Town Council of the Town of Glocester 4-15-1999,
effective 5-13-1999 (Ch. II, § 6, 2-06-04, of the 1991 Code). Amendments
noted where applicable.]
A.
This chapter regulates the protection, maintenance, removal
and planting of trees in the public right-of-way, parks, and all public property
within the Town of Glocester and on private property endangering the public
and/or public property, establishing the Glocester Tree Board which, together
with the Town Tree Warden, 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, providing for the
maintenance or removal of trees on private property when the public safety
is endangered and prescribing penalties for violations of its provisions,
as amended. The provisions of this chapter shall apply to all property within
the Town of Glocester.
B.
This chapter will serve to protect the health, safety
and welfare of the citizens of Glocester by regulating tree management activities.
C.
The protection of this valuable natural resource will
serve to enhance the community in the following ways:
This chapter shall be known and may be cited as the "Glocester Tree
Ordinance."
For the purposes of this chapter, the following terms, phrases, words
and their derivatives shall have the meaning given herein. When not inconsistent
with the context, words used in the present tense include the future and words
in singular number include the plural number. The word "shall" is always mandatory
and not merely directory.
A person who is applying for a license or permits required by this
chapter.
Written assent from the Glocester Town Tree Warden pursuant to a
duly executed application for approval made on a form promulgated by the Town
of Glocester.
Diameter at breast height, at 4.5 feet (1.37 m) from the ground level.
Includes any Town public spaces designated for recreation and/or
conservation.
Any person, firm, partnership, association, corporation, company,
or organization of any kind, including public utilities and Town departments.
The boundary between private and Town-owned land.
The person owning such property as shown by the records of the Recorded
Deeds of the Town of Glocester.
Includes any other ground owned by the Town.
Includes all trees now or hereafter growing on any street, park,
or any other public place.
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.
The Municipal Arborist, Town Tree Warden, Landscape Architect, Director,
Division of Grounds Maintenance Services, Supervisor, Community Forestry Operations,
or other qualified designated official of the Town assigned to carry out the
enforcement of this chapter.
Any living, self-supporting woody plant that has a well-defined stem(s)
with a caliper of at least 1 1/2 inches (3.81 cm) at DBH at 4.5 feet
(1.37 m) from the ground level and capable of reaching a height greater than
16 feet.
That part of a street or highway 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.
Includes any act that will cause a tree to die within a three-year
period.
Opening in the ground area surrounding the base of the tree trunk
not covered by sidewalk and paving.
A.
The Glocester Tree Board, hereinafter referenced to as
the "Board," shall be the Glocester Conservation Commission and shall act
in an advisory role to the Tree Warden over all forestry functions, including
the planting, care and removal of trees, shrubs and other plants on the properties
for which it is responsible. It shall do all acts necessary and develop tree
planting specifications and tree care guidelines to insure the proper care,
management, improvement, maintenance and protection of the public parks and
street trees under its jurisdiction.
B.
The duties of said Board shall be interpreted to include,
but not be limited to, an advisory role to the Tree Warden on the protection,
maintenance, removal, and planting of trees on public property, and to make
such recommendations from time to time to the Town Tree Warden to desirable
regulations concerning the tree program and activities for the Town.
A.
Appointment and qualifications of the Town Tree Warden.
The Town Tree Warden shall be appointed by the Glocester Town Council. Said
person shall have training and experience in arboriculture, and shall have
passed the Rhode Island Arborist exam.[1]
B.
Duties of the Town Tree Warden.
(1)
The Town Tree Warden shall affirm and endorse the purpose
and intent of this chapter and shall cause the provisions of this chapter
to be enforced.
(2)
The Town Tree Warden may, with the advice of the Glocester
Tree Board and the approval of the Glocester Town Council, prepare and enact
a Systematized Tree Management and Annual Tree Planting Program for the Town
of Glocester, 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, with the
assistance of the Tree Board, to implement such rules, regulations, and permit
and penalty procedures as are deemed necessary to carry out the intent and
enforcement of this chapter.
(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.
Authority of the Town Tree Warden.
(1)
The Town Tree Warden shall have the authority and jurisdiction
of regulating and enacting the maintenance, removal, and planting of public
and protected trees to insure public safety, preserving the aesthetics of
public sites with regard to trees, and protecting the value and health of
Glocester's community forest as a whole.
(2)
The Town Tree Warden shall 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)
The Town Tree Warden shall have the responsibility of
regularly updating the Master Systematized Tree Management and Planting Program.
(4)
The Town Tree Warden shall have the authority to 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 an 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)
The Town Tree Warden shall enforce such rules, regulations
and permit and penalty procedures as are deemed necessary to enforce the intent
of this chapter.
D.
Authority of the Town Tree Warden to remove and trim
trees endangering the public and/or public property. The authority of the
Tree Warden to enter upon private property to deal with trees endangering
the public and/or public property is set forth generally in R.I.G.L. § 2-14,
Tree Wardens, and in particular in R.I.G.L. §§ 2-14-5, 2-14-8,
2-14-9, and 2-14-10.
It shall be the duty of person(s) owning or occupying real property
bordering on any public street or thoroughfare, upon which property there
may be trees, to prune in such manner that they will not obstruct or shade
street lights, 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 (2.44 m) over sidewalks,
and 12 feet (3.65 m) over all streets and thoroughfares and/or at the discretion
of the Town Tree Warden;
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 permittee. 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 two-and-one-half-
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 30 feet (9.1 m) of 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 m) high and eight feet (2.4 m) square, or equivalent.
All equipment, building materials, chemicals, dirt, or other debris shall
be kept outside the barrier at all times. Road maintenance, reconstruction,
and resurfacing done by or under the direction of the Glocester Department
of Public Works are excluded.
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. Road maintenance,
reconstruction, and resurfacing done by or under the direction of the Glocester
Department of Public Works are excluded.
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. Road maintenance, reconstruction, and resurfacing
done by or under the direction of the Glocester Department of Public Works
are excluded.
A.
Any person desiring to plant a tree upon any public street
or public place must first obtain a permit from the Town Tree Board. 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 planting(s) 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 Board, which shall
return one copy to the applicant and keep one copy on file with the Town.
The Town Tree Warden shall consult with the Glocester Tree Board prior to
issuing a permit to plant.
(2)
All planting plans shall show accurately:
(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)
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;
(c)
The species of each and every tree proposed to be planted
and of these already existing within the proposed site, either indicated on
the plans or referenced with a number with a key list.
The requirements of this chapter may be waived by the Town in the case
of emergencies as declared by the Town Council, Public Works Director or Safety
Committee, 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.
This work shall follow maintenance standards as outlined by the Town Tree
Board.
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 Board and abiding by its requirements.
A.
A permit shall be a written document that authorizes
the bearer thereof to perform the proposed work as outlined on such permit.
The permit shall be issued only by the Town Tree Warden or his/her representative.
B.
A permit shall be obtained by filling out an application.
Upon approving the application, the Town Tree Warden or his/her 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 on
any street, park or other public place. Road maintenance, reconstruction,
and resurfacing done by or under the direction of the Glocester Department
of Public Works are excluded.
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 chapter. 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.
(1)
The application required herein shall state the number
of trees to be set out or planted on public places, the location, grade, species,
cultivar or variety of each tree, the method of planting, and such other information
as the Town Tree Warden shall find reasonably necessary to a fair determination
of whether a permit should be issued.
(2)
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 the 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 Board. 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.
(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.
To protect the public, the Town shall require any person who removes
or maintains trees on public property as a business to be:
A.
Properly licensed to perform such work.
B.
Certified by State of Rhode Island or any other agency
that regulates arboricultural practices.
C.
Covered by Workers' Compensation to the extent required
by Rhode Island law and Public liability and personal property insurance in
minimum amounts hereinafter mentioned adequate to cover and save harmless
the Town of Glocester 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. Public liability insurance with
limits of not less than $500,000 shall be carried.
D.
Bonded.
E.
Insured (medical).
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 chapter; 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.
A.
Appeals of the Tree Board's findings may be appealed
to the Town Tree Warden.
B.
Any adjustment of the standards required by this chapter
or an appeal of a decision of the Town Tree Board shall be taken to the Town
Tree Warden. The Tree Warden, 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, reasons such adjustments are warranted,
and shall be accompanied by such supplementary data as is deemed necessary
to substantiate the adjustment. The Town Tree Warden may approve, modify,
or deny the requested adjustment, based upon protection of public interest,
preservation of the intent of this chapter, and possible unreasonable and
unnecessary hardships involved in the case.
C.
The Board shall act on the application as expeditiously
as possible and shall notify the applicant in writing within five days of
the action taken.
A.
Any person violating or failing to comply with any of
the provisions of this chapter shall be subject to court action and, upon
conviction thereof, shall be subject to a fine of up to $1,000 and/or the
value of the trees removed or damaged. In addition, the person shall replace
the tree and/or repair damage with a size and species permitted by the Town
Tree Warden.
B.
Each tree affected by noncompliance with this chapter
shall constitute a separate violation.
C.
Violation of the chapter 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.
