(a) Any person, group, corporation, utility or other entity desiring to plant, remove, prune or destroy any street tree within the Village shall first make a written application to the Village Tree Commissioner, on forms furnished by the Village. Such application shall set forth the name and address of the applicant, the name and address of the person, firm or corporation doing the work, and such other information as the Commissioner may require. At the time of making such application, the applicant shall agree in writing to indemnify and protect the Village and the public at all times in connection with such work under such permit, and to do such work in conformance with specifications set forth by the Village or the Village Tree Commissioner. At the time of making such application, if the applicant is not the owner of the property abutting the property upon which such work is proposed to be done, the applicant shall furnish the Commissioner with written consent to the issuance of such permit from the owner of the property abutting such public property. In cases where the property abutting the public property upon which street tree work is proposed is property owned by the Village, approval of the Village Tree Commissioner shall suffice.
(b) In cases involving disputes as to the issuance of the permit described in this chapter, appeal will be available to the applicant at the next scheduled meeting of the Architectural Review Board occurring at least five business days after written notification is received either at the Village Hall or by the Village Tree Commissioner. Sufficient evidence of such written notification will include dated acknowledgment by the Village Tree Commissioner, the Village Secretary/Administrative Assistant or the Chairperson of the Board on a copy of the application which is subject of the dispute.
(c) A quorum of the Board shall be necessary to hear the dispute concerning the permit described in this chapter. The decision of the Village Tree Commissioner shall only be modified or reversed upon a simple majority vote of a quorum of the Board.
(d) Unless the initial determination of the Village Tree Commissioner is appealed to the Board within forty days of its issuance, that decision shall be final and not appealable for a period of one year from the date of issuance of that decision.
(e) In the event of a decision of the Board affirming, modifying or reversing the determination of the Village Tree Commissioner, unless such decision is affected by other legal means, that decision shall be effective and not subject to change until one year after its issuance by the Board.
(Ord. 1108-99. Passed 7-20-99; Ord. 1571-19. Passed 12-17-19.)