§ 8-348. Tree Removal Permits required; tree emergency exception.

(a)

No person shall remove a tree having a DBH equal or greater than ten inches without first obtaining a Tree Removal Permit issued by the Director of Community Development.

(b)

The provisions of this article shall not apply to the following persons or entities:

(1)

A unit of federal, state or local government.

(2)

An electric utility, natural gas utility, cable television or telecommunications franchisee performing tree trimming or removal work that is regulated by state or federal law or regulation, franchise agreement, or other applicable agreement or regulation approved by the village.

(3)

A railroad, or its designee, performing tree trimming or removal work that is regulated by state or federal law or regulation, or other applicable agreement or regulation approved by the village.

(4)

A person removing a tree pursuant to the provisions of chapter 16 concerning abatement of nuisances or the removal of dying, dead, or diseased trees.

(c)

Tree emergency exception.

(1)

A tree emergency shall be deemed to exist when:

a.

A tree has become an imminent danger or hazard to persons or property as a result of fire, motor vehicle accident, or natural occurrence such as lightning, windstorm, ice storm, flood, or other similar event; or

b.

A tree must be removed in order to perform emergency repair or replacement of public or private water, sewer, electric, gas, or telecommunications utilities.

(2)

In the case of a tree emergency, the Director of Community Development is hereby authorized to:

a.

Issue a Tree Removal Permit without an application;

b.

Waive the requirement for a Tree Removal Permit set forth in this article; or

c.

Waive any of the other regulations of this article.

(3)

Notwithstanding any other regulations of this article, a person otherwise required to obtain a tree permit may take any reasonable action necessary to avoid or eliminate the immediate danger or hazard, or conduct emergency repair or replacement of the public or private utility. The person taking such action shall file an application for a Tree Removal Permit within 72 hours after a tree is removed in a tree emergency.

(Code 1993, § 9-3.8.2; Ord. No. 2005-O-118, 12-13-2005; Ord. No. 2006-O-109, 1-9-2007)