(A) Creation. There shall be created a commission to be known and designated as “Shade Tree Commission” composed of five resident-electors of the village. Four of the members shall be appointed by Council, one of which shall be a member of Council, and the fifth member shall be the Mayor. The terms of the persons of the Commission appointed by Council, excluding the member of Council, shall be three years, except the term of the members appointed to the first Commission shall be as follows: one member for three years, one member for two years, and one member for one year. In the event that a vacancy occurs during the term of any member, his/her successor shall be appointed for the unexpired portion of such term.
(B) Compensation. Members of the Commission shall serve without compensation but shall be entitled to reimbursement for any and all necessary expenditures in carrying out the function of the Commission, as approved by Council.
(C) Duties. The duties of the Commission shall be as follows:
(1) To study the problems and determine the needs of the village, in regard to tree planting, maintenance, protection and removal.
(2) To recommend to the proper authority, the type and kind of trees to be planted upon such village streets or parts of village streets or in parks or other public lands.
(3) To assist the properly constituted officials of the village, as well as Council and residents of the village, in the dissemination of news and information regarding the selection, planting and maintenance of trees within the corporate limits, whether the same is on private or public property, and to make such recommendations from time to time to Council as to desirable legislation concerning the tree program and activities for the municipality.
(4) To provide regular and special meetings at which the subject of trees insofar as it relates to the municipality may be discussed by the members of the Commission, officers and personnel of the village and its several divisions, and all others interested in the tree program.
(D) Meetings; rules. Within a reasonable time after the appointment of the Commission and the approval of the members thereof, upon call of Council, the Commission shall meet and organize by the election of a chairman and the appointment of a secretary. The Commission shall then provide for the adoption of rules and procedures and for the holding of regular and special meetings as the Commission deems advisable and necessary in order to perform the duties set forth.
(`94 Code, § 927.03)
(E) Authority.
(1) The Shade Tree Commission shall have the authority to promulgate the rules and regulations of the Arboricultural Specifications and Standards of Practice governing the planting, maintenance, removal, fertilization, pruning and bracing of trees on the streets or other public sites in the village, and shall direct, regulate and control the planting, maintenance and removal of all trees growing now or hereafter in any public area of the village. The Commission shall cause the provisions of this chapter to be enforced.
(2) The Commission shall have the authority and jurisdiction of regulating the planting, maintenance and removal of trees on streets and other publicly owned property to insure safety or preserve the aesthetics of such public sites, in accordance with the permit system contained in the terms of this chapter.
(3) The Commission shall have the authority and duty to supervise or inspect all work done under a permit issued in accordance with the terms of this chapter.
(4) The Commission shall have the authority to affix reasonable conditions to the granting of a permit in accordance with the terms of this chapter.
(5) The Commission shall have the authority to formulate a Master Street Tree Plan. The Master Street Tree Plan shall specify the species of tree to be planted on each of the streets or other public sites of the Municipality. From and after the effective date of the Master Street Tree Plan, or any amendment thereof, all planting shall conform thereto.
(a) The Commission shall consider all existing and future utility and environmental factors when recommending a specific species for each of the streets and other public sites of the village.
(b) The Commission shall have the authority to amend or add to the Master Street Tree Plan at any time that circumstances make it advisable.
(`94 Code, § 927.04) (Ord. 9-85, passed 11-12-85)