Chapter 27: Forestry Board

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ARTICLE I. BOARD OF FORESTRY

DIVISION 1. GENERALLY

§ 27-1. Board created.
§ 27-2. Membership.
§ 27-3. Qualifications.
§ 27-4. Terms of office.
§ 27-5. Compensation.
§ 27-6. Records.
§ 27-7. Monthly report.
§§ 27-8 to 27-12. Reserved.

DIVISION 2. POWERS

§ 27-13. Powers in general.
§ 27-14. Contracts, general.
§§ 27-15 to 27-20. Reserved.

DIVISION 3. FINANCES

§ 27-21. Forestry Board account.
§ 27-22. Capital improvements.
§ 27-23. Audit.
§§ 27-24 to 27-28. Reserved.

DIVISION 4. EMPLOYEES

§ 27-29. Appointment in general.
§ 27-30. Salaries and expenses.
§§ 27-31 to 27-41. Reserved.

ARTICLE II. FORESTRY SERVICE

DIVISION 1. GENERAL

§ 27-42. Tree Inventory.
§ 27-43. Tree Replacement Schedule
§ 27-44, Approved replacement species.
§ 27-45. Tree removal/disposal.
§ 27-46. Tree planting.
§ 27-47. Post-planting maintenance plan.
§ 27-48. Nursery.
§ 27-49. Resource recovery.
§ 27-50. Tree topping.
§ 27-51. Distances and clearances for planting.
§ 27-52. Clearance over walkways and streets.
§ 27-53. Public tree care.
§§ 27-54 to 27-73. Reserved.

ARTICLE III. WATER PROVISIONS

DIVISION 1. WATER

§ 27-74. General.
§§ 27-75 to 27-87. Reserved.

DIVISION 2. GENERALLY


§ 27-88. Definitions.
§ 27-89. Access to premises.
§ 27-90. Permit required.
§27-91. Unlawful consideration.
§§ 27-92 to 27-101. Reserved.

DIVISION 3. FUNDING

§ 27-102. Sources.
§§ 27-103 to 27-104. Reserved.

 

Chapter 27

FORESTRY BOARD

ARTICLE I
BOARD OF FORESTRY

DIVISION 1. GENERALLY

Sec. 27 1. Board created.

There is hereby established within the City of St. James, an executive department to be known as the "Board of Forestry". (Ord. 876)

Sec. 27-2. Membership.

Which board shall consist of six persons, and who shall be appointed by the mayor, and confirmed by the common council as other appointive officers of the city, as is now, or hereafter may be provided for by ordinance, are appointed and confirmed. (Ord. 876; Ord. 898)

Sec. 27-3. Qualifications.

The board members shall be electors of the St. James School District, who have resided within the St. James school district for a period of two years next before their appointment; and its administration shall in all respects be entirely non-partisan. (Ord. 876)

Sec. 27-4. Term of office.

The members of such board shall hold office for a term of four years, or until their successors are appointed and qualified; provided, however, the first incumbents appointed as members of said board of Forestry shall be appointed and hold office for the term of one, two, three and four years respectively, as may be designated by the mayor in making the appointment. (Ord. 876)

Sec. 27-5. Compensation.

Board members shall receive no compensation. (Ord. 876)

Sec. 27-6. Records.

It shall be the duty of said board to keep books of account showing with entire accuracy contemporaneous current entries of the receipts and expenditures of the board in such manner as to enable the same to be understood and investigated, and also to preserve on file in its office duplicate vouchers for all its expenditures, which books and duplicates shall at all times be open to the examination of the finance committee of the city council, or any other committee appointed by the common council, and such board shall make such reports of its business and transactions to the mayor and city council of the City of St. James, monthly. (Ord. 876)

Sec. 27-7. Monthly report.

It shall be the duty of the board of Forestry to make up an account monthly of all obligations and expenses incurred by said board, in operating said Forestry Board, including salaries of all employees, setting forth in items, the amounts due, to whom, and for what service or account, which such statement of accounts shall be examined, checked, and certified by the board for payment, as true and correct. And it shall be the duty of the mayor and the common council to allow and order paid, such accounts, in the same manner that bills and salaries of other officers and employees of such city are allowed and paid; provided, however, that said payment shall be made out of said special Forestry account, and provided further that checks thereon shall be drawn only by the secretary of said board and countersigned as provided. (Ord. 876)


Secs. 27-8 to 27-12. Reserved.

ARTICLE I
BOARD OF FORESTRY

DIVISION 2. POWERS

Sec. 27-13. Powers in general.

(a) The board of Forestry, as herein provided shall, during the existence of said board, have the power, and it shall be its duty, to take charge of and exercise control over any tree or tree-like plant located on City property, or which may be hereafter established or acquired by said City of St. James, by purchase or otherwise, and all appurtenances thereto belonging, and shall enforce the performance of all contracts and work and have charge and custody of all books, property and assets belonging or appertaining such plant or plants.

(b) In addition to the powers and duties hereinbefore prescribed, said board shall also exercise such other powers and perform such other duties in the superintendence of Forestry Board, improvements and repairs constructed by authority of the common council or owned by the city that may be prescribed by ordinance. Said board shall make all necessary regulations for the government of the department not inconsistent with the general laws of this state, the charter of such city or the ordinances thereof.

(c) In the process of operating said public Forestry Board said board of Forestry is vested with full power and authority, and authorized to make such repairs, replacements additions or extensions of service as it may deem proper for the public good and is vested with full power and authority to employ such labor or provide such material as may be necessary in that behalf and prescribe and fix the compensation for services within the foregoing limitations. (Ord. 876)

Sec. 27-14. Contracts, general.

(a) The doing of all work and furnishing of all supplies for the inspection, pruning, removal, planting, maintenance, or any other work which may be under its supervision or control, shall be let out by the board of Forestry in the same manner as other city contracts are let out, except in cases where it is not practicable to do such work or furnish such material by contract. Said board shall have charge of the purchase of all supplies needed by the city in its several departments, under such restrictions and regulations as may be provided by ordinance.

(b) Where no restriction is specially provided by ordinance, the board shall have full power to contract for and provide all necessary labor and material and supplies as it may deem necessary, and submit its account for allowance and payment by the mayor and common council, out of said special Forestry Board account as hereinbefore provided. (Ord. 876)

Secs. 27-15 to 27-20. Reserved.

ARTICLE I
BOARD OF FORESTRY

DIVISION 3. FINANCES

Sec. 27-21. Forestry Board account.

In the process of operating said Forestry Board, as herein provided, it shall be the duty of the board of Forestry, through its servants and employees, to collect all sums due for services rendered, and on all accounts in connection with the operation of said Forestry Board, and all sums so collected, shall be by the board, deposited to the credit of a special account, to be known as the "public Forestry account" in the bank acting as the city's depository, out of which account all bills and expenses in connection with the operation of said Forestry Board shall be paid.

This Forestry Board account shall be under the general control of said board of Forestry, and no sums shall be paid there from, except upon checks prepared and drawn by the secretary of the board of Forestry, and countersigned by the mayor and the city clerk. (Ord. 876)

Sec. 27-22. Capital improvements.

Whatever remains in the Forestry Board account, and whatever may accrue, shall be at the disposition of the board of Forestry for the operation of such public Forestry Board, making improvements and betterments and extensions, and to do all things that in their judgment is for the best interest of the city and the public generally, and for the further purpose of paying all interest and demands on account of the indebtedness incurred for the purchase of the forestry improvement, by the city and to pay on the principal thereof, as may be. It being the spirit and intent of this Chapter to accumulate a fund for the discharge of the general purchase price of forestry improvements as speedily as may be, consistent with good operation of the system and good service to the public, and that this fund shall be at the disposition of said board of Forestry for above purposes. (Ord. 876)

Sec. 27-23. Audit.

(a) The city treasurer shall cause the books of all services managed by the board of Forestry to be audited in the month of May of each year.

(b) The audit will show all moneys generated and all expenses incurred for the past year in each service's accounts.

(c) The audit will show maintenance costs, capital improvements, and cash on hand, all other items that meet accepted auditing standards of each account managed by the board of Forestry. (Ord. 876)

Secs 27-24 to 27-28. Reserved.

ARTICLE I
BOARD OF FORESTRY

DIVISION 4. EMPLOYEES

Sec. 27-29. Appointment in general.

(a) Said board shall have the power to appoint a chief superintendent and such subordinates, assistants and other persons, as may be necessary, but the compensation of all employees and appointees of said board shall be as provided by ordinance.

(b) The Board of Forestry is authorized and empowered and it is made their duty, to select and employ all necessary employees to carry on and operate under its control and to fix the hours, duties and compensation of all such employees, with a maximum limitations thereon as to number, and compensation paid. (Ord. 876)

Sec. 27-30. Salaries and expenses.

All salaries of its employees shall be allowed and paid in the same manner that bills and salaries of other officers and employees of such city are allowed and pair. (Ord. 876)

Secs. 27-31 to 27-41. Reserved.


ARTICLE II
FORESTRY SERVICE

DIVISION 1. GENERAL

Sec. 27-42. Tree Inventory.

The board will establish and maintain an accurate inventory of trees that are located on city property and easements. This will include a street overlay with the placement, species, and relative condition of each tree located on city property. (Ord. 876)

Sec. 27-43. Tree Replacement Schedule.

Utilizing the Tree Inventory, the board will develop a Tree Replacement Schedule that determines the best solution for systematic renewal of city-owned trees. Mandatory input from Foresters, Conservation Department, and other such expertise, will guide the board in preparing the Tree Replacement Schedule. (Ord. 876)

Sec. 27-44. Allowable replacement species.

The board shall research and provide recommendation to the City Council as to tree species that meet the criteria for successful planting and survival in the mid-Missouri temperature zone. (Ord. 876)

Sec. 27-45. Tree removal/disposal.

Techniques for tree removal shall be investigated with specific attention to cost and efficiency. Best-approach recommendations will detail the entire removal process. The recovery of tree resources, transporting of non-resources, and dispersion or disposal of same, will be clearly defined. Post-removal cleanup responsibilities will be defined. (Ord. 876)

Sec. 27-46. Tree planting.

Procedures for tree planting will be developed after a comprehensive evaluation of available information to ensure a successful survival rate. (Ord. 876)

Sec. 27-47. Post-planting maintenance plan.

A plan detailing the maintenance and watering of each newly planted tree will be established. Information in this plan will include:

(a) Assignment of responsibility.
(b) Best time of day to water, quantity of water used per tree.
(c) Water source.
(d) Equipment required.
(Ord. 876)

Sec. 27-48. Nursery.

The board will produce a nursery proposal outlining a city-owned, low-cost solution to provide suitable tree replacements at the appropriate time and in sufficient quantity. The proposal will serve as a reference in determining whether to grow or purchase replacement trees. (Ord. 876)

Sec. 27-49. Resource recovery.

The board will continually investigate methods to recover value in harvested trees. This includes the sale of any and all portions of trees that have been removed. (Ord. 876)

Sec. 27-50. Tree topping.

It shall not be normal practice for any person, firm or City department to top any tree in the public community forest. Topping rounding off or pollarding is defined as the systematic cutting back of limbs widening the trees’ crown to such a degree as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes where other pruning practices are impractical may be exempted from this section by determination of the Community Forest Manager or Tree Board. (Ord. 925)

Sec. 27-51. Distances and clearances for planting.

Street trees may be planted in the tree lawn where there is no less than six feet between the edge of the sidewalk and the curb of the street. Any tree, street or privately owned, shall be planted no closer than eight feet from a sidewalk driveway, or street. No tree shall be planted closer than ten feet from any fireplug. Special permission must be obtained from the Forestry Board when planting street trees within ten feet of any point on a line on the ground immediately below any overhead utility wire. (Ord. 925)

Sec. 27-52. Clearance over walkways and streets.

For reasons of public safety, a minimum clearance of eight feet must be maintained over walkways and a minimum distance of ten feet over streets and alleys. Also for reasons of public safety, overhanging hazardous or dead limbs need to be removed from living trees. After written or verbal notice to the abutting property owner, the City does have the right to prune any and all overhanging hazardous or dead limbs. The City of St. James will be responsible for the cost of this thinning since this is a public safety issue. (Ord. 925)

Sec. 27-53. Public tree care.

The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the rights-of-way or bounds for any streets, alleys, lanes, squared and public grounds, as may be necessary to insure public safety. All tree pruning and removal will be done in accordance with the most current American National Standards Institute, ANSI, A300 Tree Shrub and Other Woody Plant Maintenance – Standard Practices. (Ord. 925)

Secs. 27-54 to 27-73. Reserved.

ARTICLE III
WATER PROVISION

DIVISION 1. WATER

Sec. 27-74. General.

That on and after the passage and approval of this Chapter by the city council and mayor of the City of St. James, all water furnished by said city for the purpose of tree watering, or nursery care, shall be paid for by the city. (Ord. 876)

Secs. 27-75 to 27-87. Reserved.

ARTICLE III
WATER PROVISION

DIVISION 2. GENERALLY

Sec. 27-88. Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:

(a) Tree - Any species of organic growth commonly accepted by arborists, including, but not limited to the following species; Oak, Sweetgum, Crabapple, American Holly, Maple, Elm, etc.

(b) Tree Resource - The whole, or any part of the whole tree, which can be harvested, collected, or otherwise recovered.

(c) Person - "Person" shall mean any individual, firm, company, association, society, corporation, or group. (Ord. 876)

(d) Street trees – those trees planted on City property generally, but not limited to those planted between the sidewalk and curb. (Ord. 925)

Sec. 27-89. Access to premises.

(a) After the City has made a reasonable attempt to contact the owner to request they take care of nuisance within two weeks, the superintendent and other duly authorized employees of the city bearing proper credentials and identification shall have the legal authority to enter all properties for the purposes of inspection, tree removal, pruning, replacement, cleanup, and watering in accordance with the provisions of this Chapter. This shall include removal of trees that are a nuisance, dead, or infected with a virulent disease or exotic pest. (Ord. 925)

(b) While performing the necessary work on private properties referred to in section 27-89(a) above, the superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in applicable law.

(c) The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, pruning, removal, planting, watering, and maintenance of any portion of any tree lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 876)

Sec. 27-90. Permit required.

No unauthorized person shall make any connections to, or use, alter, or disturb any public tree or appurtenance thereof without first obtaining a written permit from the superintendent. (Ord. 876)

Sec. 27-91. Unlawful considerations.

It shall be an Ordinance violation for any person or persons to tamper with or disturb any city-owned tree without written permission from the city, punishable by a fine up to $500.00 and/or up to 90 days in jail. (Ord. 876)

Secs. 27-92 to 27-101. Reserved.

ARTICLE III
WATER PROVISION

DIVISION 3. FUNDING

Sec. 27-102. Sources.

It will be the board's responsibility to use all methods deemed suitable in establishing a self-funded operation. The board will solicit all Federal, State, or Local sources that can contribute funds, including but not limited to grants, awards, and private contributions. The sale and promotion of forestry resources may contribute to the funding program. (Ord. 876)

Secs. 27-103 to 27-104. Reserved.