[HISTORY: Adopted by the Town Council of
the Town of Smithfield as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 316.
[Adopted 11-16-1993 (Ch. 16, Art. VIII, of the 1985 Code of Ordinances; amended
in its entirety 9-1-2009 by Ord. No. 2009-15]
A.
The Smithfield Town Council hereby finds that the substantial clearing
of vegetative cover on parcels can result in the degradation of visual
quality of the Town and can cause significant environmental harm and
that the burying of tree stumps can result in the development of hazardous
conditions. Therefore, the Town hereby establishes the following procedures
for review and approval of land clearing operations, appropriate disposal
of tree stumps/stems, criteria for exemptions from these provisions
and penalties for violations.
B.
The purposes for these regulations are:
(1)
To preserve existing trees located upon sites that function as future
buffers and streetscapes to meet development plan requirements;
(2)
To promote land development practices that result in a minimal disturbance
to trees and soils;
(3)
To minimize surface water and groundwater runoff and diversion;
(4)
To minimize the need for additional storm drainage facilities;
(5)
To preserve and enhance Smithfield's physical and aesthetic
character by preventing untimely and indiscriminate removal or destruction
of trees;
(6)
To maintain property values;
(7)
To reduce sedimentation in the streams, lakes, rivers, storm sewer
systems, and waterways;
(8)
To ensure prompt development, restoration and replanting and effective
erosion control of property after land clearing and mass grading;
(9)
To protect fish, wildlife and their habitats and promote the retention
and restoration of forests; and
(10)
To ensure that no tree stumps/stems are buried on any property
in the Town of Smithfield.
As used in this article, the following terms shall have the
meanings indicated:
The individual, partnership, corporation, or other entity
applying for a certificate to do work under this chapter, including
the property owner, and any employee, agent, consultant or contractor
acting on behalf of the applicant, or any successor in interest.
Removal of trees less than six inches in diameter and vegetative
ground cover.
The entire proposed development project regardless of the
size of the area of land to be disturbed.
The process of establishing an enduring soil cover of vegetation
by the installation of temporary or permanent structures for the purpose
of reducing, to a minimum, the erosion process and the resultant transport
of sediment by wind, water, or gravity.
The extraction or removal of any stump associated or unassociated
with the removal of trees for the following purpose: A. For the construction
of a building for which a building permit is required; B. For the
construction of a roadway; or C. For a subdivision in accordance with
a plat or plans approved by or in accord with an ordinance of the
Town or any duly authorized board or authority hereof.
For the purposes of this article, includes woody plants with
a diameter greater than six inches measured at 4 1/2 feet above
the ground. If a tree divides into branches at less than 4 1/2
feet, the trunk shall be measured immediately beneath the dividing
point.
Removing less than 50% of the existing trees and/or vegetation
outside of required buffers and vegetation protection areas on a lot.
The individual appointed by the Town Council and acting pursuant
to Title 2, Chapter 14, of the General Laws.
Shall include ground cover, trees, and shrubs.
Unless exempted under § 333-4 hereof, a tree clearing certificate shall be required prior to cutting trees, removing vegetation, or removing stumps on any property located within the Town of Smithfield.
The requirement to obtain a tree clearing certificate shall
not apply to the activities listed below:
A.
Normal forestry activities taking place on property which is taxed pursuant to G.L. § 44-27-4, Farm, Forest and Open Space Act, and in compliance with a RIDEM or USDA approved forest stewardship plan, and provided such activities are accomplished in compliance with the standards set forth in § 333-7 of this article;
B.
Tree removal on properties in strict accordance with a valid final
subdivision or land development project approval, provided that such
trees are not a portion of a required streetscape or other landscaping
buffer. Removal in the required buffer and vegetative protection areas
for projects approved as land developments shall be limited to removing
only what is necessary for public utilities, to provide reasonable
access for public safety purposes, or as otherwise authorized by the
Planning Board;
C.
Tree removal by public or private agencies within the lines of any
public street rights-of-way, utility easements, or other Town property
that is considered open space or undeveloped, as may be necessary
to ensure public safety, to obtain clear visibility at driveways or
intersections, to perform authorized field survey work, or to preserve
or enhance the aesthetics of such Town property;
D.
The removal of any tree which is in an unsafe condition, constitutes
a nuisance or noxious weed, or which by its nature and location is
detrimental to sanitary sewers, electrical power lines, gas lines,
water lines, streams or conveyance channels, or other improvements,
or a tree which is infected with any fungus, insect, or other pest
that the Tree Warden determines to be hazardous;
E.
Tree removal in emergency situations involving immediate danger to
life or property or substantial fire hazards;
F.
Removal of diseased, dead, damaged or dying trees;
G.
Agricultural operations on existing farmed areas, as defined in G.L.
§ 2-23-4, the Rhode Island Right to Farm Act, "Agricultural
operations" defined;
H.
Tree removal and/or vegetation removal within one calendar year on a lot outside of the designated buffers and vegetative protection areas described in § 333-5 and which involves less than 1/2 acre of land;
I.
Stump removal by the Town. The Town shall substantially comply with
the provisions of this article when engaging in stump removal for
Town purposes;
J.
Tree removal conducted pursuant to an approved RIDEM DFE notification
of intent to cut;
K.
Selective clearing in required buffers and vegetation protection
areas only if the Town Engineer determines that the buffer area will
remain substantially intact after said selective clearing and after
any required compensatory planting;
M.
Tree removal and/or vegetation removal on any residentially zoned
lot.
Other than that necessary to gain reasonable access to the property,
or as otherwise permitted herein, the clearing and/or removal of trees
and other vegetation shall be prohibited in the areas listed below.
In situations where one or more buffer zones or vegetation protection
areas overlap on the same site, then the more restrictive requirements
shall apply.
A.
A perimeter streetscape zone having a width of 50 feet as measured from all ultimate property boundaries which adjoin existing roadways or as required by the Smithfield Landscape Ordinance (Chapter 231 of the Town Code of Ordinances). For the purposes of this section, the term "ultimate property boundary" of a parcel or tract shall mean the final demarcation line around the perimeter of a parcel excluding all areas which must be dedicated to the Town for use as rights-of-way.
B.
A perimeter buffer zone having a width of 25 feet as measured from
all other property boundaries.
C.
Any buffer zone so designated by a duly authorized Town of Smithfield
board or commission.
D.
Any other areas necessary for the protection of existing vegetation
as required by this article or under the Federal Clean Water Act or
State Wetland Act.
A.
A tree clearing certificate is not required for those activities which are exempted by § 333-4 hereof.
B.
An application for a tree clearing certificate shall be filed only
by all the owners of the property or by such owners' authorized
agent.
C.
An application for a tree clearing certificate shall be filed with
the Engineering Department on a form prescribed by the Department,
along with the appropriate fee as prescribed herein.
D.
The application form shall be accompanied by a vegetation protection
plan, which shall include, at a minimum, the following information
on a sheet size no larger than 24 inches by 36 inches, at a minimum
scale of one inch equals 50 feet:
(1)
Vicinity map showing the location of the parcel at a readable scale.
(2)
A map of the entire parcel, including the property boundary of the
entire parcel by courses and distances with references to true meridian
and the location and dimension of all on-site and adjacent off-site
easements (e.g., drainage, utility, public access, aerial utility,
conservation, permanent and temporary construction easements).
(3)
General information about the parcel, including but not limited to
the owner of the parcel; the current zoning of the parcel, the area
of the parcel, the conditional use zoning conditions, and master plan
requirements, if applicable.
(4)
The location and use(s) of all existing building(s) on the parcel.
(5)
The owner, current zoning and present use of all contiguous properties
(including property on the opposite side of adjoining streets).
(6)
Width and pavement material of existing and proposed roadways.
(7)
The location and width of all future/existing buffers and associated
vegetation protection areas, including riparian buffers, perimeter
buffers and perimeter streetscapes.
E.
The application shall be accompanied by a copy of an approved soil erosion permit if the project is subject to the requirements of the Smithfield Soil Erosion and Sediment Control Ordinance (Chapter 299 of the Town Code of Ordinances).
F.
The Town Engineer (Engineer) may reduce or waive the requirements
for a vegetation protection plan in situations where it can be demonstrated
that all vegetation removal will take place outside of required vegetation
protection areas.
G.
Stump/vegetation removal statement. The applicant shall indicate
which method(s) of stump disposal will be employed as allowed herein.
H.
Stump disposal. Under no circumstances shall tree stumps, stems or
branches be buried in the Town of Smithfield. All stumps removed from
land-clearing activities, as defined under the definition of "stump
removal,”[1] shall be disposed of in the following manners:
Prior to the commencement of any tree removal or stump removal
on any property located in the Town of Smithfield, the applicant must
demonstrate to the satisfaction of the Town Engineer exemption from
the requirements of this article, or submit the required application
materials and applicable fees for a tree clearing certificate.
A.
Upon receipt of documentation that a property is exempt from obtaining
a tree clearing certificate, the Town shall review all materials and
make a determination if a property is exempt from the requirements
of this article or if said requirements apply. In situations where
exemption status is claimed based on forestry use, this documentation
shall include proof that the property is taxed under the Farm, Forest
and Open Space Program, is managed in accordance with an approved
forest stewardship plan approved by RIDEM or USDA, or has an approved
RIDEM DFE notification of intent to cut.
B.
If a property is not exempt from the provisions requiring a tree clearing certificate, then such application materials shall include a vegetation protection plan consistent with the requirements listed in § 333-6D hereof.
C.
The vegetation protection plan shall be reviewed by the Town Engineer based upon the provisions of § 333-7 of this article. The Town Engineer may approve, approve with conditions, deny, or defer the decision on the vegetation protection plan to the Zoning Board of Review if the Town Engineer has concerns about the plan's ability to meet the standards of this article.
D.
An applicant for a tree clearing certificate shall be notified upon approval of the vegetation protection plan and upon such notification shall be free to erect or install any and all barriers necessary to protect existing vegetation within required buffer areas and vegetation protection areas from damage during tree clearing and/or removal activities. Failure to protect these areas shall result in penalties as indicated in § 333-8, Noncompliance and penalties.
E.
Once all barriers for the protection of existing vegetation have
been installed, a property owner or agent shall request inspection
of such barriers for compliance with the requirements of this article.
F.
Upon a passing inspection of vegetation protection barriers, the
Town Engineer shall issue a tree clearing certificate, and authorized
vegetation clearing and/or removal may commence.
G.
An approved tree clearing certificate shall be valid for a period
of not more than 12 months from the date of issuance.
Failure to comply with the provisions of this article shall
constitute a violation and shall subject an offending party to penalties
as listed below.
A.
If, at any stage, the work in progress and/or completed under the
terms of a tree clearing certificate does not conform to such plan,
a written notice from the Town Engineer to comply shall be transmitted
to the owner or agent. Such notice shall set forth the nature of corrections
required and the time limit within which corrections shall be completed.
Failure to comply with the required corrections within the specified
time limit shall be considered a violation of this article, and penalties
as detailed herein shall be assessed.
B.
Upon determination that a violation of a provision of this article
has occurred, the Town Engineer shall withhold issuance of other permits
from the Town, including but not limited to permits for building construction
and water and sewer connections, for the affected property until corrective
action is taken by the responsible party. However, if mitigating circumstances
exist and a reasonable commitment for corrective action is made, the
Town Engineer may authorize issuance of such permits. Such corrective
action may include:
C.
Fines.
(1)
If a person engages in activities covered by this article without
a tree clearing certificate, or if a person does not correct a violation
within the specified time as provided for herein, such person shall
be subject to a fine as follows:
|
Violation
|
Fine
| ||
|---|---|---|---|
|
Clearing of vegetation/improper stump disposal on a site of
the following size (acres)
| |||
|
Up to 0.5
|
$100
| ||
|
0.5 to 1.5
|
$200
| ||
|
1.5 to 5
|
$300
| ||
|
5 to 10
|
$500
| ||
|
Over 10
|
$600
| ||
|
Improper disposal of stumps
|
$100
| ||
(2)
Each day a violation continues shall be considered a separate, distinct
offense. Violators shall also be liable for court costs.
D.
Any person who commits, participates in, assists or maintains such violation may be found guilty of a separate offense and suffer the penalties as set forth in Subsection C of this section and also be subject to a lien being placed upon the subject site by the Town of Smithfield in an amount not to exceed the cost to remove all stumps, correct all violations, and finish all associated work to the approval of the Town Engineer.
E.
In addition to the penalties set forth in Subsection C of this section, tree, vegetation, or stump removal activities covered by this article which are engaged in without a tree clearing certificate are declared to be a public nuisance and may be abated through proceedings for injunctive or similar relief in Superior Court or other court of competent jurisdiction.
F.
Certificate expiration. A tree clearing certificate shall expire
and become null and void unless activities are commenced within 180
business days of issuance of the certificate or if activities lapse
for a period exceeding 60 business days. Any certificate granted shall
expire one year from the date of issuance. Any site for which the
grading or clearing certificate expires shall be stabilized to prevent
erosion within a ten-calendar-day period. Upon a showing of good cause,
a certificate may be extended by the Town Engineer for one six-month
period. No refunds will be made for certificate fees paid for permits
that expired due to the failure to commence activities or lapse and
abandonment of activities. The Town Engineer shall notify the certificate
holder of the certificate expiration and send the written notice by
hand delivery or by mailing a notice, by certified mail, return receipt
requested, to the address on the certificate application.
Prior to issuance of a tree clearing certificate, the applicant
shall first pay a review fee which will cover the review of the vegetation
protection plan and subsequent inspections. If a tree clearing certificate
is issued, fees will be in accordance with the following schedule:
|
Clearing of Vegetation on a Site of the following size
(acres)
|
Fee
|
|---|---|
|
Up to 0.5
|
$25
|
|
0.5 to 1.5
|
$50
|
|
1.5 to 5
|
$75
|
|
5 to 10
|
$100
|
|
Over 10
|
$125
|
If a decision made by the Town Engineer is unsatisfactory to
the applicant, the applicant may, within 20 days of the decision,
file a written appeal with the Zoning Board of Review. The Zoning
Board of Review may affirm, reverse or modify the Town Engineer's
decision by a majority vote. During the period in which the appeal
is pending, and until such time as a final decision is rendered on
the appeal, the decision of the Town Engineer shall remain in effect.
