The powers and duties of the City Tree Commission shall include:
(A) Provide public promotion and leadership in facilitating public awareness of tree conservation, tree protection, tree removal, and tree planting issues.
(B) (1) Designate and maintain records of landmark trees on city and private property. A tree may qualify as a landmark tree if it meets one or more of the following criteria:
(a) A tree species is rare.
(b) The tree is more than one hundred (100) years of age.
(c) The tree has been connected with a significant historical event.
(d) The tree is of an outstanding trunk diameter or drip line diameter for a tree of its species.
(e) The quality of the tree foliage is outstanding for a tree of its species.
(f) The location, shade value, fragrance, erosion control, aesthetic features or scenic enhancement of such tree is of special importance to the city.
(2) All trees designated as landmark trees by the Tree Commission shall be shown on an Official City Map with appropriate code marks signifying each tree's designation, number, species, age, and periodic monitoring.
(3) If the owner of the property on which landmark tree is located consent thereto, the Tree Commission may identify such tree as a landmark tree by the placement of a suitable marker thereon. The cost of the marker shall be underwritten by the property owner.
(4) Prior to removal of any designated landmark tree, the Tree Commission may suggest alternate building areas in an effort to preserve said landmark tree. If and when any landmark tree is removed, the Tree Commission shall arrange for the necessary changes to be made to the official landmark tree inventory records of the City Map.
(C) The Tree Commission shall prepare and submit a list of trees to the city staff suitable for planting in public right-of-way areas that are conducive to growth in the Greater Cincinnati region. All city trees located on property owned by the city shall be maintained by the city. Trees located in or on the public right-of-ways that were planted by the city shall be maintained by the city. Trees located in or on the public right-of-ways that were not planted by the city shall be maintained by the property owner. The Tree Commission may be consulted with regard to the selection, location and planting of trees that are to be places on a city property or right-of-way. When consulted, the Tree Commission shall check to ensure no underground utilities exist in the area where a tree is to be planted.
(D) Any public utility serving the city with overhead services shall have the right to remove city trees, without the prior approval of the city, only when an emergency exists. All public utilities with overhead services shall coordinate all non-emergency tree-trimming activities with the city staff and/or Tree Commission that are reasonably required for the purpose of providing the appropriate utility service or to avoid danger to the public or overhead utility personnel or equipment pursuant to the requirements contained in the franchise agreements as authorized by the City Board of Council. Any other person or firm, except the public utility with overhead lines having line clearing operations, tree trimming done by them or, for them by any persons or firm shall first obtain written approval from the City of Bellevue.
(Ord. 91-3-1, passed 3-27-91; Am. Ord. 2003-07-02, passed 8-13-03)