Ordinances Adopted

Posted Tuesday, May 9, 2017 5:48 pm

City of Cranston

ORDINANCES ADOPTED

Pursuant to Section 3.15 of the City Charter, notice is hereby given of the Final Adoption of the Ordinances below.

Complete copies of all Ordinances are available for public review at the City Clerk’s Office, Cranston Central Library and the City website cranstonri.com under calendar by clicking on the meeting date.

Maria Medeiros Wall, JD

City Clerk

ORDINANCE NO. 2017-13 IN AMENDMENT OF TITLE 9.08.063

OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED

“PUBLIC PEACE, MORALS

AND WELFARE” (OFFENSES

PERTAINING TO PROPERTY –

BACK OF SIDEWALK PROGRAM)

Passed: April 2l4, 2017

Approved: May 4, 2017 pursuant to Sec. 3.14 of the Charter

It is ordained by the City Council of the City of Cranston as follows:

Section 1. Chapter 9.08.063 - Back of sidewalk” program is hereby amended as follows:

A. The “back of sidewalk” program is designed to plant new street trees in an environment that is more conducive to sustained growth. The improved growing environment provided through the “back of sidewalk” program will result in improved long-term health of the newly planted trees.

B. The purpose of the “back-of-sidewalk” program is:

1. Extend the life of tree;

2. Reduce the likelihood of the tree causing sidewalks to heave;

3. Provide trees where few exist; and

4. Expand diversity of street tree species.

5. Increase the attractiveness of small businesses in the City.

Increasing the diversity of Cranston’s street trees reduces the risk of blight (such as Dutch Elm disease), and provides a more varied look to each street. Criteria for species selection include the size of house, or small business, the width of street and the existing tree species on the street. Because this program serves primarily to enhance the streetscape, the tree must be completely visible from and planted within twenty (20) feet of the sidewalk. Trees planted in the back of sidewalk program shall be at least eight feet from the property line, unless the neighboring property owners or business owners approves the plant site in writing.

C. To participate in the “back of sidewalk” program the property owner or small business owner or authorized agent of said small business must sign and submit a consent and release form giving permission to the city of Cranston employees and/or their agents/contractors, to enter upon their property for the purpose of planting a tree and agreeing to hold the city of Cranston and its employees harmless from all claims, liability, loss or damage to person or property arising from the planting of such tree(s). The consent and release form shall include an agreement by the homeowner or small business entity to water, mulch, and maintain such tree(s). The executed consent and release form must be recorded and filed with the city of Cranston and will be enforced against the present owner or small business and all subsequent owners or successors of said business entity in the future in perpetuity. The tree warden will review the homeowner’s request and or small business owner and render a decision.

D. For the purpose of the back of sidewalk program, small businesses shall be defined as a person, partnership, corporation or other form of business entity independently owned and operated which employs fewer than 50 employees and has its principal place of business located in Cranston.

E. Small businesses will be eligible for this program only if all homeowner requests have been honored.

F. Tree plantings required by development plan review or orther governmental requirements shall not be eligible for this program.

Section 2. This Ordinance shall take effect upon its final adoption.