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WARREN TOWN COUNCIL MEETING
AGENDA
June 8, 2021
Town Hall, 514 Main Street
6:00 PM
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Agenda and Attachments: https://clerkshq.com/warren-ri
PLEDGE OF ALLEGIANCE: 
PUBLIC COMMENT:
Written public comment to be read into record must be submitted via email to ssperoni@townofwarren-ri.gov no later than 4:00 PM on June 8, 2021. Live public comment will only be allowed by using the log in / call in information above.
FINAL ADOPTION OF FY-2021-2022 BUDGET
INTERVIEWS:
Conservation Commission Board -1 position
1.
Economic Development Board - 1 alternate position
Planning Board- 1 position
1.
Voluntary Historic District Committee- Board of Appeals -2 positions
1.
ACCEPTANCE OF MINUTES:
Acceptance of April 29, 2021, 3rd Budget Workshop Minutes
Acceptance of May 6, 2021, Barrington/Warren – RIDOT Bike Path Presentation
Acceptance of May 11, 2021, Regular Scheduled Minutes
Acceptance of May 11, 2021, Executive Session Minutes
*Consent Agenda- all items listed with an asterisk (*) are considered to be routine by the Town Council and will be enacted by one motion. There will be no separate discussion of these items unless requested by a council member or citizen, in which event the item will be withdrawn from the General Order of Business and considered in the normal sequence on the agenda.
*CONSENT AGENDA:
*P-1
ORDINANCE:
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Chapter 18, ARTICLE V. - TREE ORDINANCE, Sec. 18-101.thru Sec 18-120
(2nd reading).
ARTICLE V. - TREE ORDINANCE
Sec. 18-101. - Title.
This article shall be known as the Warren, R.I. Tree Ordinance.
(Ord. of 1-12-2016(2), § 18-7.1)
Sec. 18-102. - Purpose and intent.
This article establishes policies, regulations, and standards necessary to ensure that the town will continue to realize the benefits provided by its urban forest. The provisions of this article are enacted to:
(a) Regulate the protection, maintenance, removal, and planting of town trees.
(b) Ensure the maintenance and removal of trees on private property when the public's
safety is endangered.
(c) Promote the protection of significant trees on private property in order to conserve and
enhance the town's physical, aesthetic, and historic environment.
(Ord. of 1-12-2016(2), § 18-7.2)
Sec. 18-103. - Definitions.
The following words, terms, and phrases and their derivatives when used in this article, shall have the meanings ascribed to them except where the content clearly indicates a different meaning. When not inconsistent with 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.
Abuse means any abnormal act causing the improper loss of root, stem or leaf tissue rendering the tree prone to decline and death.
Caliper means the diameter in inches of a tree as measured either at six (6) inches above ground level for trees up to four (4) inches in diameter or twelve (12) inches above ground level for trees over four (4) inches in diameter.
Canopy means the leaves and branches of the tree.
DBH means diameter at breast height as measured fifty-four (54) inches above ground level.
Drip-line means the edge of the canopy.
Habit of growth means the genetically inherited natural shape of the tree.
Public tree shall include all trees now or hereafter growing on any street, park, or any other public place.
Removal includes any act that will cause a tree to die within a three (3) year period.
Significant tree means any privately-owned tree which has been voluntarily nominated by its owner and accepted by the tree commission to be of such noteworthy interest or high value to the community because it is thirty (30) inches or greater in diameter as measured fifty-four (54) inches from ground level and/or because of its historical association that it shall be deemed to be in the custody of that community and its official assigns.
any tree thirty (30) diameter inches or greater as measured fifty-four (54) inches from ground level.
Topping means the harmful practice of cutting large upright branches between nodes, leaving large stubs.
Tree commission means the tree commission established by this tree ordinance.
Tree warden means the agent of the town appointed by the town council to enforce the regulations of the tree ordinance.
Urban forest means the collection of street, park, and residential trees within town limits.
Warren Tree Administrative Guidelines means arboricultural standards, practices and protocols used to facilitate the management of municipal public trees and significant trees on private property and to implement provision of this article.
(Ord. of 1-12-2016(2), § 18-7.3; Ord. of 12-8-2020 )
Sec. 18-104. - Applicability.
The terms and provisions of this chapter shall apply to all public property in the town and to all significant trees on private property. The town shall have control of all public trees, shrubs, and other plantings now or hereafter in any street, park, public right of way or easement, or other public place within the town limits, and shall have the power to plant, protect, care for, maintain, remove, and replace such trees, shrubs, and other plantings. The town shall have regulatory control over the protection and removal of all significant trees on private property.
(Ord. of 1-12-2016(2), § 18-7.4)
Sec. 18-105. - Reserved.
Sec. 18-106. - Enforcement.
The tree warden is hereby charged with the responsibility of the enforcement of this article and may serve notice to any person in violation thereof or institute legal actions as may be required, and the chief of police and town solicitor are hereby authorized to institute appropriate proceedings to that end.
(Ord. of 1-12-2016(2), § 18-7.6)
Sec. 18-107. - The tree commission.
(a) There shall be created by this article a tree commission. The tree commission shall be responsible for assisting the tree warden in the management of the tree ordinance. The commission shall be composed of at least five (5) members to be appointed by the town council for three-year staggered terms, commencing in January of each year.
(b) The duties of the tree commission shall be as follows:
(1) Adopt rules of operation and schedule of meetings.
(2) Reviews town plans and policies which contain matters relating to urban forestry, community values, arboriculture, and horticulture.
(3) Coordinates with the tree warden the town's Arbor Day programs, volunteer efforts, and other educational programs on tree planting and care.
(4) Assist the tree warden in the preparing and periodically revising Warren Tree Administrative Guidelines, tree planting and maintenance plans.
(5) Make determinations of acceptance of the designation of a significant tree on private property and maintain an inventory of all significant trees on private property accepted by the tree commission.
(6) In conjunction with the tree warden, oversee the protection, maintenance, removal, and planting of trees on streets, in parks and in public places in the town, and oversee the protection and removal significant trees on private property.
(Ord. of 1-12-2016(2), § 18-7.7)
Sec. 18-108. - Duties and responsibilities of the tree warden.
(a) Qualifications and appointment.
(1) The tree warden shall be a person who has training and experience in arboriculture and is in possession of a state arborist license.
(2) The tree warden shall be appointed by the town council at its regular meeting in January of each year. The town council's appointment shall be based on the candidate's qualifications.
(b) Authority.
(1) Jurisdiction. The tree warden, in conjunction with the tree commission, shall have the authority and jurisdiction to regulate, protect, maintain, remove, and plant trees on streets, in parks and in public places in the town, and to regulate and protect significant trees on private property.
(2) Conditions of permit. The tree warden shall have the authority to affix reasonable conditions to the granting of a permit in accordance with the terms of this article.
(3) Expenditures. The tree warden shall expend all sums, which shall be appropriated for inventorying, maintenance, planting, pruning, and managing trees within public rights-of-way and public places.
(4) Hazard control. The tree warden shall have the authority to enter onto public or private property to exercise the care and control of trees, where there is located a tree that is suspected to be a public hazard. Where circumstances permit, the property owner shall be given written notification on the intended entry at least forty-eight (48) hours in advance thereof.
(c) Duties.
(1) The tree warden shall plan, direct, regulate and control the protection, maintenance, removal, and planting of trees on public property and shall regulate and control the protection of significant trees on private property.
(2) The tree warden shall enforce the rules and regulations of the Warren Tree Ordinance Administrative Guidelines governing all trees covered by this article.
(3) The tree warden shall formulate a master tree management plan with the assistance of the tree commission. The master tree management plan should include the inventory of existing public trees and shall specify the species of the tree to be protected, maintained, removed and/or planted on each of the streets, parks, and other public places.
(4) The tree warden shall work in conjunction with civic groups, businesses, educational communities, and citizens concerned with tree care, planting, and preservation.
(5) The tree warden shall evaluate and approve permits for the activities that may affect public trees and significant trees on private property and shall enforce all provisions of this article.
(Ord. of 1-12-2016(2), § 18-7.8; Ord. of 12-8-2020 )
Sec. 18-109. - Cooperation between local departments and public utilities.
(a) All municipal departments and boards (i.e. public works, building, zoning, recreation, planning, conservation, etc.) shall notify the tree warden or his/her designee of any applications for new curb, gutter, sidewalks or driveway installations, or other improvements which might require the removal of or cause injury to any public tree or any applications for new construction or renovation that might require removal of or cause injury to any significant tree on private property, or interfere with the fulfillment of any provision of this article.
(b) Any public utility maintaining overhead wires or underground pipes, shall comply with all aspects of this article. Said utility shall in no way injure, deface, prune, or remove any tree until their plans have been reviewed and approved by issuance of a permit by the tree warden.
(Ord. of 1-12-2016(2), § 18-7.9)
Sec. 18-110. - Permit required.
A permit shall be required but is not limited to planting, transplanting, pruning, applying chemicals, staking and/or guying, removing, or disturbing any public tree or any significant tree on private property, or conducting any construction activities within the drip-line of a public tree or a significant tree on private property.
(Ord. of 1-12-2016(2), § 18-7.10)
Sec. 18-111. - Permit standards.
In determining whether or not a permit should be granted, the tree warden shall consider the following:
(a) The condition of the tree or trees with respect to its health and mechanical stability, danger of falling, and proximity to proposed structures and interference with utility services.
(b) The number and density of trees in the area and the effect of tree removal on property values and other existing vegetation.
(c) Whether any tree in question is a tree worthy of preservation.
(Ord. of 1-12-2016(2), § 18-7.11)
Sec. 18-112. - Permit procedure.
(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 tree warden or his/her designee.
(b) Any person, public utility or governmental agency desiring a permit, as required by this article, shall submit a written application to the department of public works. The application required herein shall identify the reason for the permit, the number of trees affected, and any other information the tree warden shall find reasonably necessary to a fair determination of whether a permit should be issued.
(c) As a condition of permit approval, the applicant shall be required to comply with the arboricultural principles and practices of the Warren Tree Administrative Guidelines.
(d) Upon approval or rejection of said application, the tree warden shall either issue said permit or notify the applicant of rejection of the application.
(e) Pursuant to G.L. 1956, § 39-1.2, any person, public agency, or public utility responsible for removing and/or installing a tree shall notify Dig-Safe RI/call 811 at least seventy-two (72) hours, excluding Saturdays, Sundays, and holidays, but not more than thirty (30) days before commencing the excavation. Actual excavation must thereupon commence within thirty (30) days. Each public utility shall, upon receipt of each notice of excavation, mark within seventy-two (72) hours or, where applicable in accordance with G.L. 1956, § 39-1.2-12, re-mark within forty-eight (48) hours, the location of all underground facilities.
(f) The tree warden shall be notified by the bearer of said permit upon satisfactory completion of the designated work.
(g) Planting. The tree warden shall have the right to make the determination as to location, species, cultivar or variety, or caliper size of each proposed tree before issuing said permit.
(h) Removal, replanting and replacement.
(1) Wherever it is necessary to remove a public tree in connection with the paving of a sidewalk, or the widening of a portion of a street or highway, or other type of public improvement undertaken by the town, the town shall replace the tree by planting another within two (2) planting seasons or one (1) calendar year.
(2) Whenever it is necessary for an entity other than the town to remove a public tree or trees, the tree warden shall require replacement of the removed tree(s) or financial reimbursement of the removed tree(s) as a condition of the issuance of the permit.
(3) Such replacement shall meet the standards of size, species and placement as provided for in the permit issued by the tree warden. The quantity of the replacement tree or trees shall be based on the size in girth (i.e., caliper or DBH) of the damaged or destroyed tree. The species and planting location of the replacement tree or trees shall be determined by the tree warden. The permittee shall bear all the costs associated with the purchase and installation of the replacement tree or trees. The replacement value(s) shall be equal to the purchase and installation cost of the replacement tree multiplied by the quantity of replacement tree or trees as based on the size in girth (i.e., caliper or DBH) of the damaged or destroyed tree or trees. A check in the amount of the tree replacement value shall be made payable to the town and presented to the tree warden for deposit in the town tree fund where it shall be available for funding future municipal public tree care activities.
(i) Failure to comply with permit. If the tree warden determines that the permit holder has failed to comply with the terms of the permit and the plan set forth herein, the tree warden shall immediately serve upon the permit holder a notice to comply, which shall be sent by registered or certified mail to the address specified by the permit holder on his/her permit application. Such notice shall set forth specifically the measures needed to come into compliance with such permit and shall specify the time within such measures shall be completed. If the permit holder fails to comply within the specified time, the holder may be subject to revocation of the permit and fine as set forth in section 18-117.
(Ord. of 1-12-2016(2), § 18-7.12; Ord. of 12-8-2020 )
Sec. 18-112.1. - Tree removal.
(a) For non-hazardous trees removed from town land or on town rights-of-way or for removal of a significant tree on private property, the tree warden shall attach to the public tree or at the property street frontage closest to the significant tree at least ten (10) business days before the scheduled date for removal, a notice stating the date of posting, the date of scheduled tree removal, the reason for the scheduled removal, and that an appeal of the scheduled removal may be made. No tree shall be removed before the date of scheduled removal.
(b) The tree warden shall notify the chair of the tree commission before any tree is posted for removal, with such notification serving as notification to the tree commission.
(c) If any person objects to the removal, that person may appeal in writing to the tree warden, who shall, together with the town manager, hold a public hearing at some suitable time and place after giving at least five (5) business days' notice of the hearing to the chair of the tree commission and all persons known to be interested and posting a notice of the meeting on the pubic tree or at the property street frontage closest to the significant tree.
(d) Within three (3) business days after the hearing, the tree warden, after consultation with and approval of the town manager, shall render his or her decision granting or denying the appeal. No tree shall be removed unless both the town manager and the tree warden deny the appeal.
(Ord. of 12-8-2020 )
Sec. 18-113. - Appeals.
Any action of the tree warden may be appealed to the town council.
To be effective, an appeal must be filed within five (5) business days after the decision of the tree warden. The appeal shall be in writing and shall be filed with the town council for placement on the council's agenda. The appeal shall clearly specify what adjustments are being requested, reasons such adjustments are being requested, reasons why such adjustments are warranted, and shall be accompanied with such supplemental data as is deemed necessary to substantiate the adjustment. The council may approve, modify, or deny the requested adjustment, based upon protection of public interest, preservation of the intent of this article, and possible unreasonable and unnecessary hardships involved in this case. The council shall act on the application and shall notify the applicant in writing within thirty (30) days. The decision of the council shall be final.
Nothing in this article shall be construed to limit the jurisdiction of any court of law with respect to such appeals.
(Ord. of 1-12-2016(2), § 18-7.13; Ord. of 12-8-2020 )
Sec. 18-114. - Abatement of public hazard or nuisance.
(a) It shall be the duty of any 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 streetlights, 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 and vehicular safety. The minimum clearance of any overhanging portion thereof shall be eight (8) feet over sidewalks, and twelve feet (12) over all streets and thoroughfares and/or at the discretion of the tree warden.
(b) It shall further be the duty of any person owning or occupying real property upon which there may be tree(s), to prune, remove, or treat any tree(s) or part thereof which is in an unsafe condition or which, by reason of its nature, poses a threat to persons or public property, or is injurious to sewers or other public improvements or rights of way, or is afflicted with an injurious parasite, insect, or other pest so as to constitute a threat to the health and welfare to the public as well as that of the town's urban forest.
(c) Notice to prune, remove, or treat tree(s) on private property.
(1) Should any person owning real property bordering on any street or public thoroughfare fail to prune, remove, or treat any tree(s) as herein provided above, the tree warden shall inform such person that corrective action shall be taken within a reasonable time, depending on the seriousness of the problem, upon receipt of a written notice from the tree warden.
(2) The order required in this article shall be a written notice, served by certified mail, from the tree warden to the property owner at his or her last known address.
(3) When a person to whom an order for tree care is directed fails to comply within a reasonable time, it shall be lawful for the tree warden to take such action as is necessary to ensure public safety and that of the urban forest. A charge for services rendered will be assessed to the property owner and shall constitute a property lien in the event it remains unpaid.
(Ord. of 1-12-2016(2), § 18-7.14)
Sec. 18-115. - Authority of the tree warden to treat or remove trees on private property.
(a) The tree warden or his/her designee, under the power herein given, may cause or order to be removed, pruned, or treated, any tree or part thereof on private property which is in an unsafe condition so that it poses a threat to the public or public property or which by reason of its nature is injurious to sewers or other public improvements or rights of way, or is afflicted with an injurious fungus, insect, or other pest so as to constitute a threat to the health of the town's urban forest.
(b) The tree warden or his/her designee shall have the power to enter upon any private property within the town to treat or cause order to be treated any tree infested with a parasite, insect, or pest, when it shall be deemed necessary in his/her opinion to do so. Due notice shall be given to the property owner prior to any action.
(c) It shall be unlawful for any person to hinder, prevent, delay, or interfere with the tree warden or his/her designee, while engaged in the lawful execution of this article. This shall not be construed as an attempt to prohibit the purpose of any legal or equitable remedy in a court of competent jurisdiction.
(Ord. of 1-12-2016(2), § 18-7.15)
Sec. 18-116. - Prohibited activities.
(a) It shall be a violation of the provisions of this article for any person to abuse, mutilate, or destroy any tree on public property or any significant tree on private property or to attach any wire, rope (except for supporting a broken tree or young sapling), sign, poster, vending machine, or to cause or permit any wire charged with electricity to be placed or attached to any public tree or significant tree on private property with the exception of town sponsored holiday lighting or allow any gaseous, liquid, or solid substance which is harmful to such trees to come in contact with their roots, trunks, or leaves.
(b) No person shall excavate any ditches, tunnels, or trenches or place any building material, excess dirt, or other debris, within the drip-line of any public tree or significant tree on private property without first obtaining a permit from the tree warden.
(c) No person shall place, store, or maintain upon any public place any stone, brick, sand, dirt, concrete or any other materials or chemicals which may impede the passage of water, air, and nutrients to the roots of any public tree or significant tree on private property except by valid permit of the tree warden.
(d) Tree topping to reduce either the height or width of public trees or significant trees on private property shall be a prohibited activity in violation of this article.
(Ord. of 1-12-2016(2), § 18-7.16; Ord. of 12-8-2020 )
Sec. 18-116.1. - Preservation of significant trees.
(a) Eligibility for significant tree designation. The owner of real estate upon which an eligible tree is located may apply, on a voluntary basis, to the tree commission for a designation of such tree as a significant tree as herein defined.
Upon receipt of such application, the tree commission shall determine whether the tree conforms to the standards as defined herein. The tree commission shall issue a certificate of acceptance if it determines after a hearing on the application that the tree is a significant tree.
(b) Restrictive covenants required. The owner of the significant tree shall grant to the town a recorded restrictive covenant that the significant tree shall remain and be protected in a manner which preserves the tree’s health for a period equal to the tree’s natural life. The tree warden or tree commission chair shall record said covenant in the land evidence records for the town.
(c) Administration of the program. The tree commission shall draft all application and certificate of acceptance forms with the requirements of this program to conform to this article. The tree commission shall establish qualifying guidelines for the protection of significant trees on private property, subject to approval of the Warren Town Council.
(d) Removal of significant trees. No significant tree on private property on public property (any tree equal to or greater than thirty (30( inches DBH) shall be removed without prior permission of the tree warden.
(1) Application. Any person wishing to remove a significant tree shall file a request for a no-cost permit with the department of public works.
(2) Required findings for approval. In order to grant permission to remove a significant tree, the tree warden, in consultation with the director of public works and the chair of the tree commission, must make one (1) or more of the following findings within ten (10) business days of receipt of the application:
a. The removal of the significant tree is unavoidable because the tree poses a danger to human safety, health, and welfare.
b. The significant tree is in poor health or diseased with an expected life span of less than two (2) years.
c. The significant tree is in danger of falling.
d. The significant tree acts as a host for a parasite to another species of tree that is in danger of being infested or exterminated by the parasite.
e. Removal of the significant tree is required for proposed construction and such removal is the sole means of completing the proposed construction based on plans prepared by an engineer, land planner, architect or landscape architect licensed by the State of Rhode Island.
(Ord. of 12-8-2020 )
Sec. 18-117. - Penalties for any violation.
(a) In the event a person abuses or destroys a public tree or a significant tree on private property in violation of this section, the violator shall be responsible to undertake remedial actions that the tree warden, in consultation with the director of public works and the chair of the tree commission, determines to be reasonably necessary to protect public safety and property, and to help the tree survive the tree abuse damage.
(b) If the natural habit of growth or mechanical stability is seriously compromised as determined by the tree warden, in consultation with the director of public works and the chair of the tree commission, the violator shall remove the abused tree and install a replacement tree.
(c) Tree replacement criteria shall be consistent with that established in the Warren Tree Administrative Guidelines.
(d) Replacement tree shall be installed on-site. In the event, the site cannot accommodate the replacement tree(s), the replacement tree(s) shall be installed on public lands approved by the tree warden. If no suitable public lands are located, the violator shall pay a replacement contribution into the town's planting fund. The replacement contribution will be determined using a schedule for current value of the replacement tree plus installation and maintenance as established by the tree warden.
(e) Remedial actions and replacement required under this article shall be completed within sixty (60) days of notice from the town that such actions are required. The town may require the violator to immediately undertake remedial actions in the event the abused tree is an immediate threat to the public or property.
(Ord. of 1-12-2016(2), § 18-7.17; Ord. of 12-8-2020 )
Sec. 18-118. - Private tree care firms.
To protect the public, the tree warden shall require any person who plants, maintains, prunes, cares for, or removes trees on public property or significant trees on private property as a business to:
(1) Have on its staff a Rhode Island licensed arborist. This arborist shall oversee all contract work and certify that all the work complies with the Warren Tree Administrative Guidelines.
(2) Carry workman's compensation to the extent required by law.
(3) Carry public liability and property damage insurance in an amount as determined by the town manager to cover and save harmless the town and its agents from all suits, claims, or actions of every class and nature, or on persons or property damage caused by or claimed to be caused, directly or indirectly, by the conduct of the work.
(Ord. of 1-12-2016(2), § 18-7.18; Ord. of 12-8-2020 )
Sec. 18-119. - Exceptions—Waiver of chapter.
In the event any tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare, or safety, and require immediate removal, pruning, or treatment without delay, verbal authorization may be given by the tree warden or director of public works, and such treatment as shall be required to remedy the situation shall be undertaken without obtaining a permit as herein required.
(Ord. of 1-12-2016(2), § 18-7.19; Ord. of 12-8-2020 )
Sec. 18-120. - Emergencies.
The requirements of this article may be waived by the town manager in the case of emergencies such as windstorms, ice storms, pest outbreaks, 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 tree warden, public works chief and other municipal officials involved with storm damage clean-up and repair.
(Ord. of 1-12-2016(2), § 18-7.20)
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Chapter 7- Amendment to ARTICLE IV, Sec. 7-132, et seq. Affordable Housing Trust Fund. (2nd reading)
ARTICLE IV. - AFFORDABLE HOUSING TRUST FUND