For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural.
(a) “Municipality” is the City of Lewisburg, West Virginia.
(b) “Tree Board” is an advisory board of the City of Lewisburg which is charged to oversee the Tree Ordinance. Members are nominated by the Mayor and approved and appointed by City Council. The Tree Board shall consist of five members, three of whom shall be Lewisburg residents. The remaining members may be Lewisburg residents or may be non-Lewisburg residents who reside in Greenbrier County but who have skills, knowledge and or expertise useful in watching over the trees within the City. Tree Board member terms shall be six years long with the exception of originating terms in which two members shall serve six years, two members four years and one member two years. All originating members of the board are then eligible to serve additional full six terms if reappointed. The board shall meet monthly or as requested but shall meet a minimum of four times per year.
(c) “Tree Warden” is a City employee appointed by the Mayor with approval of Council, who shall administer the provisions of this article in consultation with the Tree Board.
(d) “Person” is any person, firm, partnership, association, corporation, limited liability company, or other entity of any kind.
(e) “Street” or “Highway” means the entire width of every public way or right-of-way when any part hereof is open to the use of the public as a matter of right for purposes of vehicular and pedestrian traffic, and extending form property line to property line.
(f) “Park” shall include all grounds owned by, or under control of, the City of Lewisburg.
(g) “Public Property” shall include all grounds owned by, or under the control of, the City of Lewisburg.
(h) “Public Trees and Shrubs” are all shade and ornamental trees and shrubs now or hereafter growing on any street or any public right-of-way or on any other public property.
(i) “Property Owner” shall mean the person(s) owning designated property as shown by the County Assessor's Plat of Greenbrier County.
(j) “Remove” shall mean the cutting down or damaging, whether by deliberate or negligent act or any act which causes the tree to die within three years.
(k) “Tree” or “Shrub” shall mean:
(1) Any self-supporting woody plant which has a well-defined stem with a diameter of least two inches at 4.5 feet above the ground on the uphill side of the tree;
(2) Any ornamental woody plant as designated by the Tree warden; or
(3) Any small seedling or sapling planted or protected specifically to become a large tree as described in (1) or (2) above.
(l) “Urban Forest” shall mean all trees located on city-owned or controlled property.
(m) “Urban Tree Specifications and Standards of Practice” shall mean regulations promulgated by the tree Board and adopted by the Lewisburg City Council to regulate or deal with the Urban Forest. Such regulations shall conform with the Primary Standards of the National Arborists Association.
(Ord. 260. Passed 7-19-16.)