[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 or land development project must also comply with section § 305-7 and be approved by the Planning Board and by the Smithfield Historic Preservation Commission pursuant to the provisions of Chapter § 46-8H of the Smithfield Municipal Code, except as provided below.
[Amended 10-3-2023 by Ord. No. 2023-7]
(1)
Penetrations of stonewalls for driveways, roads, or utilities shall be done in accordance with Section § 305-3D herein and shall not require review by the Smithfield Historic Preservation Commission but shall require review by the Smithfield Historic Preservation Commission Chairman, or his designee, through the technical review process.
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.
[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.
