(a) A tree board, appointed by the mayor, shall be established. The tree board shall consist of fifteen (15) members including the following:
(1) Eight (8) concerned and interested residents of Lexington, Fayette County, two (2) of whom shall be professionals in arboriculture;
(2) The commissioner of environmental quality and public works, or their representative;
(3) The director of parks and recreation, or their representative;
(4) The director of engineering, or their representative;
(5) A member of the urban county council, or their representative;
(6) The director of planning or their representative;
(7) The urban forester; and
(8) The director of streets and roads or their representative.
(b) The membership of the commissioner of environmental quality and public works, the director of parks and recreation, the director of engineering, the director of planning, the urban forester, and the director of streets and roads, or their respective representatives shall serve ex officio. The urban county council member or their representative shall serve for the duration of their term in office. All other tree board members shall serve terms of four (4) years. All tree board members may only serve two (2) consecutive full terms. Members who have served two (2) consecutive full terms shall not be eligible for re-appointment to the tree board until the lapse of twelve (12) months from the end of their second consecutive full term.
(c) In the event a vacancy shall occur during the term of any appointed member, a successor shall be appointed for the unexpired portion of the term. All members of the tree board shall serve without pay.
(d) The tree board shall establish the board's rules, regulations and procedures and arrange for the holding of meetings on a regular basis, with not less than ten (10) meetings per calendar year.
(e) The duties of the tree board shall be as follows:
(1) To promote urban forestry and advise appropriate municipal agencies on arboricultural matters.
(2) To hear all appeals from any decision of the division of environmental services in the application or interpretation of any of the provisions of this chapter as authorized herein and to adopt rules for the conduct of such hearings, which rules shall uniformly apply to all such appeals and shall provide that both the appellant and the appellee shall have the right to:
(i) Offer and examine witnesses and present evidence in support of their cases;
(ii) Cross-examine witnesses and offer evidence to refute evidence offered in opposition; and
(iii) Following the hearing of such appeals, receive the board's decision reduced to writing, such decision to contain the findings of fact based upon evidence produced at the hearing.
(Ord. No. 70-94, § 1, 5-5-94; Ord. No. 113-2000, § 4, 4-20-00; Ord. No. 328-2001, § 4, 12-13-01; Ord. No. 30-2005, § 1, 2-10-05; Ord. No. 044-2023 , § 6, 4-27-23)