DIVISION 2. - ADMINISTRATION AND ENFORCEMENT
Part of the Code of Ordinances of Jamestown, RI.
The text
Sec. 22-116. - Tree committee.#
(1)
There shall be created by this article a tree committee. The tree committee shall be responsible for assisting the tree warden in management of the tree preservation ordinance.
(2)
The tree committee shall adopt rules of procedure for the conduct of meetings, hearings, votes required and attendance requirements for members.
(3)
The committee shall be composed of not more than seven voting members who shall be appointed by the town council for three-year staggered terms, commending in December of each year. The committee shall, to the extent practicable, include:
a.
Seven voting members as follows:
1.
Two residents of the town with training or experience in the environmental fields such as botany, landscape architecture, horticulture or arboriculture.
2.
One business community representative.
3.
Four residents of the town, giving consideration to geographic diversity.
b.
Liaison members: The conservation commission and the planning commission shall each appoint one liaison to the tree committee. Liaisons may sit with the committee and may participate in all discussions, but may not vote and do not count as part of the quorum.
c.
The following shall be ex officio members and shall not count as part of the quorum:
1.
Town planner.
2.
Public works representative.
3.
Zoning enforcement official.
4.
Town tree warden.
(4)
All members of the tree committee shall serve without pay or compensation. Within two months of the annual appointment of new full term members, the committee shall select from its members a chair, a vice-chair and secretary who shall serve annual terms.
(5)
The tree committee shall:
a.
Meet monthly.
b.
Promote the conservation, planting, health and growth of trees on the island.
c.
Assist the tree warden in making proposals to the town council for any legislation, plans, policies and programs complementary to the intent and purpose of this article.
d.
Help the tree warden coordinate efforts with town departments, the planning and zoning boards, state agencies and private individuals and organizations to promote the planting of new trees and to protect and preserve the existing trees.
e.
Coordinate efforts by individual citizens, businesses, neighborhood or charitable organizations and other groups wishing to donate moneys, volunteer work or information to protect, preserve and enhance town trees.
f.
Assist the tree warden in the adoption of such administrative guidelines, including rules, fees, regulations and permitting procedures as are deemed necessary to carry out the intent and enforcement of this article. Such rules, regulations and permits shall include, but not be limited to, the planting, maintenance, removal, fertilization, pruning, application of chemicals (e.g. herbicides, pesticides, fungicides), or any act which will, in any other way, affect public or protected trees and shall be adhered to by any and all persons. The tree committee shall maintain its own records.
g.
Support the tree warden in the standards set forth by the American Association of Nurserymen, unless otherwise stated in this article.
h.
Advise the tree warden in developing a five-year planting and maintenance program, which shall be revised annually and submitted to the town administrator for incorporation into the annual town budget for funding. Fees will be reviewed at this time.
i.
Establish an ongoing education program regarding the aesthetic, social, and environmental values of trees, as well as care of trees, including the island's master tree management plan.
j.
Help the tree warden to establish and maintain records of historic and significant trees of Conanicut Island, which shall be made a part of the inventory of existing trees in the master tree management plan.
k.
Assist the tree warden in issuing permits and shall hear appeals of decisions of the tree warden.
(Code 2003, § 22-116; Ord. of 3-13-2000, § .05(A); Ord. of 3-8-2004; Ord. of 12-10-2007; Ord. of 4-5-2010)
Sec. 22-117. - Tree warden.#
(a)
Authority.
(1)
Jurisdiction. The tree warden, with the assistance of the tree committee, shall have the authority and jurisdiction to regulate, protect, maintain, remove and plant trees on streets, in parks and in public places in the town.
(2)
Enforcement. The tree warden shall be vested with police power for the purpose of enforcing this article and to ensure that the provisions of this article are not violated including, but not limited to, the issuance of citations for the violation of any provision of this article.
(3)
Supervision. The tree warden shall have the authority and duty to supervise all work done under a permit issued in accordance with the terms of this article.
(4)
Conditions of permit. The tree warden shall have the authority to affix reasonable conditions to the granting of a permit in accordance with the terms of this article.
(5)
Expenditures. The tree warden shall expend all sums, which shall be appropriated for inventorying, maintenance, planting, pruning and managing trees within public rights-of-way and public places.
(6)
Hazard control. The tree warden shall have the authority to enter onto private property to exercise the care and control of trees, where there is located a tree that is suspected to be a public hazard. Where circumstances permit, the property owner shall be given written notification of the intended entry a reasonable period in advance thereof.
(b)
Qualifications and appointment.
(1)
The tree warden shall be a person who has training and experience in arboriculture and meets other requirements of G.L. 1956, § 2-14-2.
(2)
The tree warden shall be appointed by the town council at its regular meeting in January of each year. The town council's appointment shall be based on the candidate's qualifications and a review of all advisory selection recommendations made by the town tree committee.
(c)
Duties.
(1)
The tree warden shall plan, direct, regulate and control the protection, maintenance, removal and planting covered by this article and shall issue public tree work permits in accordance with sections 22-166 through 22-171.
(2)
The tree warden shall enforce the rules and regulations of the tree ordinance administrative guidelines governing all trees covered by this chapter.
(3)
The tree warden shall formulate a master tree management plan with the assistance of the tree committee. The master tree management plan should include the inventory of existing trees and shall specify the species of the tree to be protected, maintained, removed and/or planted on each of the streets, parks, and other public places.
(4)
The tree warden shall have the responsibility to maintain and file with the town clerk a complete list of the location, species, and condition of historic and significant trees.
(5)
The tree warden shall work in conjunction with civic groups, businesses, educational communities and citizens concerned with tree care, planting and preservation.
(6)
The tree warden and the Jamestown Police Department are charged with enforcement of this chapter and state laws protecting public shade trees and will seek complaints in court for violations of this chapter and such laws.
(7)
For nonhazardous trees removed from town land or on town rights-of-way, the tree warden shall attach to the tree at least five business days before the scheduled date for removal, a notice stating the date of posting; the date of scheduled tree removal; the reason for the scheduled removal; and that an appeal of the scheduled removal may be made. No tree shall be removed before date of scheduled removal.
(d)
Term of tree warden. The town council shall appoint the tree warden in January of each year.
(Code 2003, § 22-117; Ord. of 3-13-2000, § .05(B); Ord. of 1-3-2011)