(A) The Village Tree Commission (hereinafter “Tree Commission”) is hereby established. Its functions and duties are limited to those set forth in this section.
(B) The Tree Commission shall be composed of seven Commissioners. Five Commissioners shall be appointed by the Mayor, with the approval of the Board. These five Commissioners shall serve, without pay, and shall reside within the village. The remaining two Commissioners shall be ex-officio and shall not vote. The three ex officio commissioners shall be: the Director of Public Works; the Director of Parks and Recreation of the De Land Park District, or his or her representative; and the Arborist. Subject to the exceptions in division (C) below, each Commissioner of the Tree Commission shall serve for a term of three years.
(C) One of the five Commissioners initially appointed to the Tree Commission, who is not an ex officio member, shall serve for a term of one year; two of the five Commissioners initially appointed shall serve for a term of three years. Terms shall start on a common date. Determination of the length of terms of the five Commissioners initially appointed shall be by lot. The Mayor shall designate the Chairperson of the Tree Commission.
(D) Within 30 days following the expiration of the term of any appointed Commissioner, a successor shall be appointed by the Mayor with the approval of the Board, and the successor shall serve for a term of three years. Should any Commissioner resign or be removed from the Tree Commission, a successor shall be appointed by the Mayor and shall serve for the unexpired period of the vacated term. A member of the Tree Commission may be removed by the Mayor with the approval of a majority of the Board.
(E) The Tree Commission shall perform the following duties:
(1) Within a reasonable time after the appointment of the Tree Commission, upon call of the Chairperson of the Tree Commission, the Tree Commission shall meet and adopt rules of procedure for regular and special meetings to fulfill the duties imposed upon it by this section;
(2) The Tree Commission shall advise and consult the Arborist on any matter pertaining to this chapter and its enforcement. The topics under which this advice and consultation may be given may include, but are not limited to, any of the following:
(a) Amendments to this chapter, and alterations or revisions to the Arboricultural Specifications Manual, and alterations or revisions of the Urban Forestry Plan;
(b) Policy concerning selection, planting, maintenance, and removal of trees, shrubs, and other plants within the village;
(c) Allocation of funds to the Arbor Division, and expenditures of funds by the Arbor Division;
(d) Establishment of educational and informational programs;
(e) Development of policies and procedures regarding the Arborist’s duties; and
(f) Issuance of permits required by § 153.03.
(3) The Tree Commission, upon the request of any person who disagrees with the decision of the Arborist, shall hear all issues of the disputes which arise between the Village Arborist and any such person, whenever those issues involve matters, or the interpretations, or enforcement, of the Arboricultural Specifications Manual, the Urban Forest Plan, or of the interpretations or enforcement of this chapter, including disputes regarding the issuance of permits, or the concurrence or non-concurrence of the Arborist in permits required under other ordinances or laws, or the abatement of nuisances. The decision of a majority of the appointment members of the Tree Commission, with regard to such dispute, shall be binding upon the Arborist. Nothing in this section shall be construed to limit the jurisdiction of any court with respect to such disputes.
(Prior Code, § 32-4)