(a) Title. This article shall be known as the "City of Charles Town Tree Ordinance."
(b) Purpose and Intent. The purpose of this article is to provide City government with power and authority over all trees and shrubs located within the street rights-of-way, parks, and other public places of the City; and over trees, and shrubs located on private property as permitted by state law. This article is intended to enhance the quality of life and aesthetic values within the City. The provisions of this ordinance are enacted to:
(1) Maintain city trees and forests in good health using appropriate arboricultural practices;
(2) Establish and maintain optimal level of age and species diversity that are ideal for our region through efficient and cost-effective management of the urban forest;
(3) Select, situate, and maintain street trees appropriate to maximize ecosystem services and minimize hazard, nuisance, hardscape damage, and maintenance costs;
(4) Centralize tree management under a City-appointed board with the necessary expertise;
(5) Foster support for community forestry through educational projects that encourage good tree management on privately owned properties;
(6) Promote equity, diversity, and inclusion in all aspects of community forestry;
(7) Obtain and coordinate the Tree City USA designation; and
(8) Achieve the City's established goals in the Jefferson County Urban Tree Canopy Plan.
(c) Definitions. The following terms when used in this article shall have the meaning set forth in this section unless the context requires otherwise:
(1) "City'' means the Mayor and Council; all City Departments; the Tree Board; or their designated agent.
(2) "Council" means the Charles Town City Council, which includes the Mayor and all members of the municipal governing body.
(3) "Landmark Tree" means a tree which that has special significance because one or more of the following criteria apply: rare species, old age, unusual size, distinct location, association with an historical event or person, scenic enhancement, or one or more unique characteristic(s) determined by the City Tree Board to qualify it for such classification.
(4) "Shrub" means a woody plant, generally smaller than a tree, typically with multiple stems branching from or near the ground.
(5) "Tree" means woody perennial usually having one dominant trunk and a mature height greater than five (5) meters (sixteen (16) feet).
(d) Determination of Definitions. In any case, the Tree Board shall have the right to determine whether any specific woody plant shall be considered a tree or a shrub, as defined above.
(e) Creation and Establishment of Tree Board. Thereby created and established a Tree Board for the City of Charles Town which shall consist of five residents of Charles Town, who shall be appointed by the Council and shall serve without compensation. Council may also appoint a member of the Council to serve as a liaison to the Tree Board. At the request of the Tree Board, the West Virginia Division of Forestry Urban Forestry Coordinator may serve as ex-officio, non-voting member of the Tree Board. The Tree Board may also appoint two non-voting members, which may include youth ages seventeen (17) years or older.
(1) The term of each member shall be four (4) years. Vacancies caused by death, resignation, or otherwise shall be filled for the unexpired term by appointment of the Council.
(2) The Tree Board shall select officers from its membership, adopt rules for governance of its business, establish meeting dates, and maintain minutes of its proceedings. A majority of the five (5) voting members shall constitute a quorum for the transaction of business.
(3) Powers and Duties. The City Tree Board or its authorized agent will have the following powers and duties:
A. To serve as a resource to assist the Parks and Recreation Department and Streets Committee, or other departments, boards, commissions, or committees where appropriate, on tree-related issues. The Tree Board should be notified in advance of any planned activities that may cause harm to city trees, except in the case of emergencies;
B. To study and make recommendations to the Council regarding the maintenance, protection, and removal of trees on public property; or when requested by the Council, to consider, investigate, make findings, report, and make recommendations upon any special matter or question lying within the scope of its powers and duties as herein set forth;
C. To resolve conflicts between trees and structures. Where sidewalk or curb damage due to tree roots occurs, or other conflicts that arise between trees in the City's rights-of-way and the City's hardscape, every reasonable effort should be made to correct the problem without removing or damaging the tree;
D. To prepare and update, annually, a written City-wide Tree Master Plan that guides the planting, maintenance, protection, and removal of trees on public lands. Such plan shall consider existing and future utility locations and environmental factors in relation to existing and future tree species on public lands, as provided in this article or other ordinances, provide a status report of Landmark Trees within the City, and include recommended changes to the Tree Ordinance as needed. The plan will be submitted to the Council for their review and consideration;
E. To develop a risk assessment policy for the City's use that identifies and prioritizes the factors to be considered for removing trees from public properties. The Council shall approve the policy and all subsequent revisions;
F. To coordinate tree plantings on public lands, as identified in the Tree Master Plan;
G. Upon request to educate owners of private land regarding the selection of species and care of trees;
H. To assist the Planning Commission with the review and comment on landscaping and buffering plans of private developments;
I. To assist the Parks and Recreation Department in planting, maintaining, protecting, and removing trees on City-owned recreational lands, green spaces, and properties, and to provide review and comments on the proposed landscaping plans of all recreational lands and properties within the City;
J. To assist the Street Committee on tree-related issues and inquiries, and upon request, to provide trainings for City personnel regarding proper arboricultural practices and tree management;
K. To accept contributions, donations, or other funds for the planting, maintenance, protection, and removal of trees throughout the City based on the Tree Board's donation policy and recommend to the Council the expenditure of said monies;
L. To advise the City on the appointment or hiring of a Professional ISA Certified Arborist, as deemed appropriate and based on approved funding;
M. To propose to the City Council for review and adoption, rules, regulations, and specifications concerning the trimming, planting, pruning, and protection of trees;
N. To obtain and coordinate the City's Tree City USA designation; and
O. To achieve the City's established goals in the Jefferson County Urban Tree Canopy Plan.
(Ord. 2020-011. Passed 12-7-20.)