Clear-cutting ordinance proposed in Smithfield

SMITHFIELD - We know from the novel that a tree grows in Brooklyn, and now, officials here are proposing an ordinance that will make sure trees continue to grow in Smithfield.

Sponsored by Town Council member Maxine Cavanagh and aimed mostly at the clear-cutting of large tracts, the ordinance would set controls on the clearing of more than half an acre of trees.

On land where at least that much clearing is to be done, a permit would be required and tree-cutting would be prohibited - with certain exceptions - within 50 feet of the street side of the land, and within 25 feet of the other sides.

According to Cavanagh and Town Planner Michael Phillips, the restrictions would form a scenic buffer while still permitting clearing on interior sections of land.

Cavanagh said she was particularly disturbed by the clear-cutting of a tract at Routes 7 and 116 that she characterized as now looking like "a war zone." She said she received telephone calls from others who also found the tree-cutting disturbing.

Phillips said the proposed ordinance is a work in progress and is likely to undergo some revision, especially after the public provides input at a hearing the Town Council has scheduled for Tuesday, July 14.

One possible change, Phillips said, would be to permit "selective cutting" that would allow some tree removal in the buffer areas. He also said that the minimum cleared area to trigger the controls might be raised from one half to three-quarters of an acre.

Phillips said the proposed ordinance is an amalgam of ordinances currently in effect in other towns, and can be tailored to Smithfield's needs.

"We don't want to impose an undue burden on someone who just wants to cut a few trees down," he said, adding that the proposed law must walk a line between tree preservation and property rights.

The current proposal "is not carved in stone, by any means," said Cavanagh.

Phillips and Cavanagh said that developing woodland protection regulations is written into the town's comprehensive community plan, a blueprint for land use over an extended number of years.

The required clearing permit would be waived under certain circumstances where trees obstruct visibility at driveways and intersections, are diseased, present a danger or threaten utility lines, or are part of a forestry or agricultural operation. The ordinance would also allow cutting to gain "reasonable access" to a property.

Also exempt from needing a permit would be subdivisions or other land development projects in their final approval stages, as long as the clearing was not done in the required buffer areas.

Phillips said the town's current soil erosion law provides some control over tree cutting, but not enough.

The issue involves more than esthetics, he said. The proposed ordinance notes that excessive land clearing can contribute to problems with water runoff, erosion, sedimentation in waterways, and disturbance of wildlife habitat.

The proposed ordinance also makes a significant change in rules for disposing of tree stumps, outlawing their burial anywhere in town. Currently, stumps cannot be buried under the footprint of a proposed building, but can be buried elsewhere on a property as long as the area is marked.

The proposed ordinance allows stumps to be stockpiled above ground to decompose, but otherwise mandates that they be taken to a state-approved area for stump disposal or ground up on-site.

Phillips said stump burial is dangerous because once the material decomposes, the ground around it can collapse into sinkholes.

Fines for violating the tree-clearing ordinance would range from $100 to $600 depending on the land area involved. Improper stump disposal would carry a fine of $100.

The required permits for clearing would range from $25 to $125, depending on the size of the affected area.