The text
(a)
Purpose. This section shall establish the Central Falls Tree Advisory Board, which shall be responsible for a devising and educating on issues pertaining to trees and wooded plants in the City of Central Falls, and to maintain the status of Tree City USA.
(b)
Definitions.
(1)
Street trees. Trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the city.
(2)
Park trees. Trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the City, or to which the public has free access as a park.
(c)
Board established. There is established for the City of Central Falls an advisory board to be known as the Central Falls Tree Advisory Board.
(d)
Membership and compensation. The Central Falls Tree Advisory Board shall consist of three members who live or work in the Central Falls area and whom the mayor, with the approval of the city council, shall appoint. The members shall serve without compensation for services performed.
(e)
Appointments/terms of office. The term of the persons to be appointed by the Mayor shall be three years. In the event a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term. The first board shall serve as follows: One member shall serve for one year, one member shall serve for two years, and one member shall serve for three years. The mayor, for inefficiency, neglect of duty, or irreconcilable conflict may remove members.
(f)
Meetings. The board shall meet quarterly. The board shall determine meeting dates and times. Special meetings may be held as often as the Board deems necessary or as directed by the mayor or city council. For purposes of conducting the board's business, exercising its powers and for all other purposes, a quorum of the board shall consist of two or more members. Any action taken by a majority of those present, when those present constitute a quorum at any regular or special meeting of the board, shall be deemed and taken as the action and decision of the board. The board shall elect such officers, as it deems necessary to conduct business. The board shall adopt such rules of procedure, as it deems necessary. The board shall keep written minutes of all meetings held and all business transacted. All records of the Board shall be open to public inspection, except those that may be exempt from public disclosure under state law.
(g)
Duties of the advisory board. The Board shall acquire authorization form the director of public works prior to under taking any project. The duties of the tree board shall include, but not be limited to the following:
(1)
Promote the responsible planting of trees on public and private property.
(2)
Promoting public education about trees.
(3)
Promoting proper tree maintenance.
(4)
Advocating trees within the City of Central Falls.
(5)
Providing for aesthetics within the City of Central Falls through the formulation and implementation of tree programs.
(6)
Developing programs and projects while working with other community groups to enhance the city's beautification.
(7)
Developing innovative and joint funding for tree projects from a variety of sources.
(8)
Providing the mayor and city council with a yearly report regarding tree board activities.
(9)
Develop, maintain and provide a tree standard manual for proper tree planting, maintenance and care of trees and wooded plants, by development of landscaping and/or tree ordinances within the city, as well as reviewing project plans for compliance with said ordinances as requested by city staff.
(h)
Utilities. No street trees may be planted under or within ten lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility.
(i)
Public tree care. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The board may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners.
(j)
Tree topping. It shall be unlawful as a normal practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this section at the determination of the board.
(k)
Pruning, corner clearance. Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs, which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign.
(l)
Dead or diseased tree removal on private property. The city shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the city. The board will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove such trees and charge the cost of removal on the owner's property tax notice or to file a lien against the property.
(m)
Removal of stumps. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
(n)
Authorized. The tree warden is hereby authorized on petition of abutters on public sidewalks and with approval of the tree advisory board to issue a permit to plant street trees of a species approved by the tree warden on the sidewalks and in such places as approved by the director of public works and the tree advisory board.
(o)
Cost. The director of public works is authorized to certify one-half of the cost of planting trees under this section to the director of finance, who is hereby authorized to pay such cost from the public works budget.
(p)
Penalty and appeal. Any person violating any provision of this section shall be subject to a fine by the tree advisory board not to exceed $500.00 per violation. Any person may appeal from any ruling or order of the tree advisory board to the board of appeals who may hear the matter and render a final decision.
(Code 1973, § 23-30.5; Code 1994, § 34-15; Ord. of 3-23-2015(2))