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In accordance with a request made by the Elkins Main Street Project, the city, by committee appointed by the Mayor, shall ensure that the following guidelines are adhered to with respect to trees in the downtown:
(A) Flowering trees shall receive pruning;
(B) Application of organic fertilizer shall occur in spring and early fall;
(C) Girdling of trees shall be prohibited and particular care shall be taken in circumstances where guy wire maintenance is required;
(D) Mulching in spring shall occur;
(E) Tree areas shall be maintained weed free;
(F) Regular maintenance shall occur, including observation for insect infestation and disease or fungus; and
(G) Necessary watering shall occur in times of drought and close monitoring of water situation shall occur in the first three years after a tree is planted.
(Ord. passed 3-4-1993)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ELKINS TREE BOARD. The body which advises the city on matters affecting the urban forest.
MUNICIPALITY. The City of Elkins, Randolph County, West Virginia.
PARK. Includes all public parks, the ownership and control of which as vested in the city.
PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind.
PROPERTY OWNER. The person owning designated property as shown by the County Assessor’s plat of the City of Elkins, as the case may be.
PUBLIC PLACES. Includes all public rights-of-way owned by the City of Elkins, Randolph County.
PUBLIC TREES. All shade and ornamental trees now or hereafter growing on any street or any public right-of-way or grounds owned or controlled by the city.
REMOVE. The cutting down, damaging or taking of public trees.
STREET or HIGHWAY. The entire width of every public way or right-of-way when any part thereof is open to the use of the public, as a matter of right for the purpose of vehicular and pedestrian traffic, and extending from the property line to property line.
TREE ARBORIST. The person within the committee who provides technical expertise and advice to the City Tree Board.
URBAN FOREST. All trees located on city-owned or controlled property.
(Ord. 076, passed 7-3-2008; Ord. 235, passed 4-6-2017)
There is hereby created and established a City Tree Board for the city of which will consist of no less than six and no more than eight members, who are citizens and residents of Randolph County recommended by the City Tree Board, and who shall be appointed by the Mayor with the approval of the City Council. The members will come from different interest groups including, but not limited to, homeowners, tree professionals and City Council. Membership on Council does not disqualify any person for appointment to the City Tree Board, if otherwise qualified, however, not more than two members of Council may be so appointed. At least one of the members of the City Tree Board shall be a member of Council.
(Ord. 076, passed 7-3-2008; Ord. 235, passed 4-6-2017; Ord. 284, passed 7-1-2021)
The term of the persons to be appointed will be three years. The term of two members appointed to the first Board will be only one year and the term of two members of the first Board shall be for two years. Following the terms of the members of the first Board, the terms shall be three years. In the event that a vacancy shall occur during the term of any member, a successor may be appointed for the unexpired portion of the term. Members may serve consecutive terms without restriction. Any member who is unable or unwilling to serve on the Tree Board may be dismissed by the Board, due to continual or consecutive absences, by a majority vote of members present at any meeting. Replacement of any member who is dismissed shall be done in the same manner as provided for herein.
(Ord. 076, passed 7-3-2008; Ord. 235, passed 4-6-2017)
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