The powers and duties of the city's Tree Commission shall include:
(A) Provide public promotion and leadership in facilitating public awareness of tree conservation, tree protection and tree planting issues;
(B) Designate and maintain records of "Landmark Trees" on city and private property. A tree may qualify as a landmark tree if it meets one (1) or more of the following criteria:
(1) The tree species is rare;
(2) The tree is more than one hundred (100) years of age;
(3) The tree has been connected with a significant historical event;
(4) The tree is of an outstanding trunk diameter, or drip line for a tree of its species;
(5) The quality of the tree foliage is outstanding for a tree of its species;
(6) The location, shade value, fragrance, erosion control, aesthetic features or scenic enhancement of such tree is of special importance to the city.
(C) All trees designated as "landmark trees" by the Tree Commission shall be shown on an official map with appropriate code marks signifying each tree's designation, number, species, age and periodic monitoring.
(D) If the owner, or owners, of the property on which a 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.
(E) Prior to the removal of any designated landmark tree, the Tree Commission may suggest alternate building areas in an effort to preserve the 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 and city map.
(F) 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, or on public right-of-ways, shall be maintained by the city. The Tree Commission may be consulted with regard to the selection, location and planting of trees that are to be placed on 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.
(G) The Tree Commission shall bring to the attention of the city staff any city tree that represents a threat to public safety when such tree is dead or dying, and its presence could cause hardship or endanger the public, or any adjoining property owner. The Tree Commission shall also notify the city when a city tree is diseased or infested so as to be a danger to other trees within the city. Further, the staff shall be notified by the Tree Commission when a tree is considered a hazard because it obstructs the view of motor vehicle operations or otherwise interferes with traffic or pedestrian safety. In the event the complete removal of a tree is not required, it may be pruned pursuant to the requirements contained herein.
(H) Whenever development is to occur on city property when city trees are affected, the Tree Commission shall be notified by the city to review the development plans and make recommendations to the city that will minimize the impact on the trees. Tree Commission recommendations should encourage tree conservation whenever practical, or provide advice as to when tree removal is more feasible. In determining whether tree removal may be necessary, the Tree Commission should consider:
(1) Whether the presence of such tree would cause hardship, or endanger the public or an adjoining property owner;
(2) Whether such tree is located in an area to be occupied by buildings, driveways, recreation areas or other construction or within the drip line of a tree;
(3) Whether such tree is located in an area to have a cut or fill of land that may be injurious or dangerous to such tree.
(I) 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 and when obtaining the prior approval of the city and/or Tree Commission is not practical. 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 Council of the city. Any other person(s) or firm, except the public utility with overhead lines having line clearing operations (tree trimming) done by them, or for them by any person(s) or firm, shall first obtain written approval from the city.
(Ord. 94-666, passed 9-20-94)