Committee that advises on exceptional trees

A County Arborist Advisory Committee is created to advise the Council in determining which trees are to be designated "exceptional trees" by reason of historical or cultural value, aesthetic quality, endemic status, age, rarity, location, or size and are to be reserved for posterity.The County Arborist Advisory Committee shall be composed of five (5) members as follows: One (1) member shall be the head of the Kaua'i Division of Forestry, State Land and Natural Resources, or his or her authorized delegate; one (1) member shall be an official of the National Tropical Botanical Garden, Lawai, Kaua'i; one (1) member shall be the Planning Director of the County of Kaua'i or his/her authorized delegate; two (2) members shall be members of the public who have been interested or engaged in horticultural beautification and recommended by one (1) or more of the following organizations: Mayor's Beautification Task Force, Mokihana Club, Governor's Environmental Council, the National Tropical Botanical Garden, and the State Forestry Department of Kaua'i. Each member from the public shall be appointed to the committee by the Mayor from the list of nominees submitted by the foregoing organizations, for a term coterminous with the term of the appointing authority. Any vacancy will be filled by the Mayor from the same list of nominees. No member of the Committee shall use his or her position for personal gain or benefit.The County Arborist Advisory Committee shall compile a list and location of those trees which it deems exceptional for review by the Council and strive to obtain written accord from the owner of the property. Upon approval by the County Council, the committee shall prepare official maps designating thereon those trees which have been determined to be exceptional and shall file the maps with the County Planning Department and the Department of Public Works, Building Division.Upon designation by the County Council as an exceptional tree, the County Clerk, by registered letter, shall notify all property owners and occupants that a designation has been made.If any disagreement with the designation shall arise, the property owner may appeal the designation to the County Council within thirty (30) days of the receipt of notification. The County Council shall hear and determine the matter and may affirm, modify, or disaffirm the designation as an exceptional tree within sixty (60) days of the filing of the notice of appeal.Any citizen or citizen group may petition the Committee to examine a particular tree or group of trees for the purpose of having it recommended as an exceptional tree.From time to time the County Arborist Advisory Committee may recommend to the County Council the addition or removal of exceptional trees from the maps.In the event it should be found that the designation as an exceptional tree is a total denial of the reasonable economic use of the property, the County Council may remove the tree from the protection of this Article.The initial list of exceptional trees shall be officially adopted by ordinance. Any additions or deletions to the list shall also be by ordinance.