R.I. Government Agencies | Privacy Policy |
Middletown Tree Commission
Contact: Thomas R. O'Loughlin
Public Works Director
toloughlin@middletownri.com
19 Berkeley Avenue
Middletown, RI 02842
Phone: (401) 846-2119
Fax: (401) 845-0404
When: Last Wednesday of each month
Upcoming Meetings: Agendas
Where: Middletown Town Hall - 350 East Main Road
Name |
Position |
Address |
Term Expires |
|---|---|---|---|
| Arthur E. Benner | Citizen | 3 Namquid Drive | 1/10 |
| Paul LaMond | Citizen | 2 Porter Road | 1/08 |
| William Spooner | Citizen | 100 Morrison Avenue | 1/08 |
| Stanley Grossman | Conservation Comm. Rep. | 189 Tuckerman Avenue | 1/09 |
| VACANT | |||
| Alan Kirby | Tree Warden | 15 Ward Avenue | Ind. |
| G. Mason Hawes | Ex-Officio | 431 Reservoir Avenue | Ind. |
| Peter Simpson | Newport Electric, Ex-Officio | Newport Electric | Ind. |
| Mitch Thurman | Newport Electric, Ex-Officio | Newport Electric | Ind. |
| Ronald J. Wolanski | Planner, Ex-Officio | Town Hall | Ind. |
| Thomas O'Loughlin | Public Works Director, Ex-Officio | Town Hall | Ind. |
Section
§ 96.01 SHORT TITLE.
This chapter shall be known and may be cited as the Tree Preservation Ordinance.
(Ord. passed 4-3-95)
§ 96.02 PURPOSE OF CHAPTER.
(A) The purpose of this chapter is to promote the public health, safety and welfare of the citizens of Middletown, and to enhance the aesthetic qualities of the environment by regulating the protection, maintenance, removal and planting of trees in the public right]of]way, parks, and all public property within the town, and by providing for the maintenance or removal of trees on private property when the public safety is endangered.
(B) The protection of these valuable material resources 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 in the town.
(Ord. passed 4-3-95)
§ 96.03 PUBLIC SHADE TREES.
For purposes of this chapter all trees within or on the boundaries of a public way are public shade trees. When the ownership of a tree is in doubt, it is deemed to be a public shade tree until proven otherwise.
(Ord. passed 4-3-95)
§ 96.04 TREE COMMISSION.
(A) There shall be created by this chapter a Tree Commission, which Commission shall be responsible for the management of the Tree Preservation Ordinance. The Commission shall be composed of at least nine members who shall be appointed for three-year staggered terms, commencing in January of each year by the Town Council.
(B) The Commission shall, to the extent practicable, include:
(1) Five voting members:
(a) Planning Board Representative
(b) Conservation Commission Representative
(c) Open Space Commission Representative
(d) Two lay citizens, resident of the town.
(2) Ex officio members:
(a) Town Planner
(b) Tree Warden
(c) Public Works Representative.
(C) All members of the Commission shall serve without pay or compensation. Within two months of the annual appointment of new full]term members, the Commission shall select from its members a Chairperson and a Vice Chairperson who shall serve annual terms.
(D) The Tree Commission shall:
(1) Meet on a monthly basis.
(2) Promote the conservation, planting, health and growth of trees in the town.
(3) Recommend to the Town Council any legislation, plans, policies and programs complementary to the intent and purpose of this chapter.
(4) Coordinate efforts with town departments, the Planning and Zoning Boards, state agencies and private individuals to promote the planting of new trees and to protect and preserve the existing trees.
(5) Coordinate efforts by individual citizens, businesses, neighborhood or charitable organizations and other groups wishing to donate monies, volunteer work, or information to protect, preserve and enhance town trees.
(6) The Tree Commission shall adopt, subject to approval by the Town Council, such rules, regulations and permitting procedures as are deemed necessary to carry out the intent and enforcement of this chapter. Said rules, regulations, and permits shall include, but not be limited to, the planting, maintenance, removal, fertilization, pruning, or any act which will, in any other way, affect public or protected trees and shall be adhered to by any and all persons.
(7) Develop a five-year planting program which shall be revised annually and submitted to the Town Administrator for incorporation into the annual town budget for funding.
(Ord. passed 4-3-95)
§ 96.05 GENERAL PROVISIONS.
(A) Signs and markings. No signs, symbols, or reflectors may be attached to public trees, nor may public trees be carved, nailed, defaced, painted or marked.
(B) Highway and utilities.
(1) No new electric, cable or telephone wires may be attached to public shade trees by any person or agency without the written consent of the Tree Commission.
(2) When highway or utility projects require the removal of public shade trees, the cost of tree replacement shall be included in the cost of the project.
(C) Activity affecting public shade trees.
(1) Pruning of roots and branches or removal of living public shade trees shall require a permit from the Tree Commission. Permits shall be kept on site during work and shown upon request to the Public Works Director, or his designee, and to town police officers.
(2) All public shade trees shall be protected from construction damage under the guidelines set forth in the Soil Erosion and Sediment Control Plan Handbook, Section E (Tree Protection).
(D) Replacement of public shade trees.
(1) Any person, firm, corporation, or agency that in the course of a site plan review, construction, or subdivision development wishes to remove any living public shade tree with caliper 22" or greater in diameter measured at six inches above grade level shall obtain a permit from the Tree Commission; and, if removal is permitted, shall at no cost to the town, within the spring or fall months immediately following completion of construction, replace in locations specified by the Tree Commission a number of smaller replacement trees determined to be equivalent on the following basis: The total caliper of all replacement trees shall be at the discretion of the Tree Commission up to the original caliper. Replacement trees shall be balled and burlapped and of caliper not less than 22" in diameter measured at six inches above grade level. Species, caliper and location shall be identified at time of issuance of the permit.
(2) The Tree Commission may require a bond, escrow account, irrevocable letter of credit, or other surety to ensure public shade tree replacement. Such surety may be held for one year from the date of planting to ensure survival of the replacement trees. At the option of the applicant, the town may, upon payment of an agreed]upon sum, replace said trees according to the standards herein set forth.
(E) Disposal of wood. When a public shade tree is pruned or removed, wood larger than three inches in diameter shall be cut into approximately four]foot lengths and left near the tree for taking by residents whenever possible. Wood larger than eight inches in diameter shall be split or cut into shorter lengths to facilitate removal.
(F) Enforcement. The Town Planner is charged with enforcement of this chapter and state laws protecting public shade trees and will seek complaints in court for violations of this chapter and such laws.(Ord. passed 4-3-95) Penalty, see ' 96.99
§ 96.06 PUBLIC SHADE TREE PRIORITY.
After a public shade tree is removed from a location where a void will be created, a replacement tree shall be planted unless removed for safety reasons. To the extent that the town's budget permits, at least one public shade tree shall be planted for each public shade tree that is removed or dies. It is desirable to plant more public shade trees than are removed because of tree losses and the length of time to maturity. The Planning Board as part of their review may submit to the Tree Commission site plans for advice and recommendations.
(Ord. passed 4-3-95)
§ 96.07 CANOPY EFFECT.
Maintenance and perpetuation of a canopy effect where possible is a major goal of public shade tree planting.(Ord. passed 4-3-95)
§ 96.08 LOCATION.
Whenever possible, public shade trees shall be planted between 8]20 feet from the travelled way rather than in the tree lawn with the property owner's consent. When this is not possible, public shade trees may be planted:
(A) In the tree lawn;
(B) In a parking lot island.
(Ord. passed 4-3-95)
§ 96.09 PLANTING.
(A) Planting voids on major streets and in commercial areas shall be identified and proposed for planting by the Tree Commission.
(B) The following factors shall be given thorough consideration in selecting tree species for planting:
(1) Initiation of perpetuation of a canopy effect;
(2) Pest resistance;
(3) Diversification of species to provide disease resistance within the tree population;
(4) Low maintenance (spraying, pruning, sweeping);
(5) Tolerance of urban conditions (salt, compaction, root space, fumes);
(6) Seasonal color criteria;
(7) Size of the species for its location must not interfere with the visual right-of-way;
(8) All trees should be cold hardy to this region and of appropriate size for the recommended planting area(s);
(9) Location of utility lines, planting under or near such lines should be avoided whenever possible.
(C) In residential areas canopy trees shall be given preference over other species. Tax]deductible gifts of trees are welcomed. Arrangements for planting gift trees may be made with the Tree Commission. If as a result of road construction, some large trees are displaced, the Tree Commissioner may request replacement trees be located on private property with the owner's consent. The trees will then be planted by the town and ownership transferred to the private property owner.
(Ord. passed 4-3-95)
§ 96.10 UTILITIES.
Any public or private utility companies maintaining any overhead wires or underground pipes shall comply with this chapter. Utility companies shall not cut down, injure, deface or prune any tree unless and until their plans and procedures have been approved by the Tree Commission except in cases of bona fide emergency. It is the intent of this chapter to ensure that all utility easements are written to support the goals of this chapter.
(Ord. passed 4-3-95)
§ 96.11 LIABILITY FOR UNAUTHORIZED CUTTING OF TREES OR WOOD.
Every person who shall cut, destroy, or carry away any tree, timber, wood or underwood whatsoever, lying or growing on public land, without a written permit from the Tree Commission, shall, for every such trespass, pay the party injured twice the value of any tree so cut, destroyed, or carried away; and for the wood or underwood, thrice the value thereof; to be recovered by civil action. Tree value will be determined by the Tree Commission acting under guidelines contained in the manual for A Valuation of Landscape Trees, Shrubs, and Other Plants@ issued by the International Society of Arboriculture.
(Ord. passed 4-3-95)
§ 96.12 CLEARANCE OF PUBLIC RIGHTS-OF-WAY.
(A) Every person, firm or corporation who is the owner of land abutting a public sidewalk or road shall keep such areas clear. The owner shall also be required to see that the branches of any tree under his control which overhang a public sidewalk are at least seven feet above the sidewalk.
(B) Planting of trees along highways will take into consideration General Tree Planting Rules and Guidelines and Rules and Regulations for subdivisions of Land, Town of Middletown, R.I.
(Ord. passed 4-3-95)
§ 96.13 PLANTING OF TREES ON OR NEAR SEWER AND WATER LINES.
Planting of trees on or near sewer and water lines shall be subject to review by the Public Works Department.
(Ord. passed 4-3-95)
§ 96.14 STUMP REMOVAL.
Any stump removal will be at the discretion of the Tree Commission.
(Ord. passed 4-3-95)
§ 96.99 PENALTY.
(A) Any person who removes a public shade tree without a permit or hearing as required by this chapter may be subject to cumulative fines as follows:
(1) Up to $500 as provided by state law;
(2) The value of the wood;
(3) Triple damages under state law.
(B) Any person, firm or corporation violating the provisions of ' 96.12 shall upon adjudication be subject to a civil penalty of not more than $500.
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