(a) If a tree emergency shall occur such that there arises a risk of imminent danger or hazard to persons or property from any protected tree which ought to be cut or removed immediately or with as little delay as possible (e.g., protected trees which threaten to fall or have fallen on houses or power lines or impede safe passage of streets or have become uprooted or unstable as a result of severe weather, floods or high winds), then it shall be lawful for the owner to remove such protected tree to the extent necessary to avoid immediate danger or hazard without a tree removal permit provided that within fourteen (14) days after taking any such action the owner shall submit an after the fact tree removal permit application describing the tree emergency and the actions taken.
(b) If the village forester upon his review of the tree removal permit application concurs that a tree emergency existed and that the owner's actions were warranted in response to the tree emergency, an after the fact tree removal permit shall be issued without fee and no further action under these regulations shall be necessary. If the village forester determines that no genuine tree emergency existed to justify the cutting or removal of the protected tree(s), then such actions by the owner shall be deemed a violation of these regulations and the owner shall be required to provide mitigation as provided in section 21-28 of this article. (Ord. 0-05-9, 3-21-2005)