2010 JANUARY - Laserfiche WebLink

17.16.025 5. The topography of the land upon which the heritage tree or trees are situated and the effect of removal thereof upon erosion, soil retention and diversion or flow of surface waters; 6. Good forestry practices, i.e., the number of healthy trees that a given parcel of land will support. The director may refer any application to any city department or commission for review and recommendation. (Ord. 1737 § 1, 1998) 17.16.025 Significant impact— Administrative hearing. A. Where the applicant applies to remove a heritage tree on grounds that it has a significant impact on the property, the director shall conduct a hearing. The hearing shall be set not less than 15 days and not more than 60 days from the date the application if filed. B. The director shall send notice of the hearing to all property owners and residents within 300. C. At the hearing, the applicant and any interested party shall be given the opportunity to be heard concerning the preservation or removal of the heritage tree. D. After considering all relevant evidence, the director shall issue a written decision to preserve or remove the Tree. E. The director shall send a copy of the written decision to the applicant and neighboring property owners and resi- dents within 300 of the tree. F. Unless appealed, the decision of the director shall become effective 20 days after being issued. G. The director's decision may be appealed as provided in Section 1 7.16.040 of this chapter. (Ord. 1737 § 1, 1998) 17.16.030 Action by director — Findings. A. The director shall issue a permit to remove a heritage tree or trees if it is determined that one of the following conditions exists: 1. The heritage tree is in such a dangerous or hazardous condition as to threaten or endanger the safety of people, structures, other property or other heritage trees; 2. The heritage tree has a significant impact on the property; 3. The heritage tree is dead, dying or diseased and good forestry practices cannot be reasonably undertaken to preserve the tree; or 4. Where the heritage tree in question is not diseased or hazardous, the removal of the tree is consistent with the purpose and intent of this chapter and in keeping with the health, safety and general welfare of the community. B. The director shall notify the applicant in writing of the determination giving the reason for the application's ap- proval or denial. (Ord. 1737 § 1, 1998) 17.16.040 Appeal. A. The director's decision may be appealed. Such appeal must be submitted in writing to the city clerk within 20 days of the decision, shall briefly state facts and the grounds of the appeal and be signed by the appellant. B. Any appeal concerning property with four or fewer residential units on the subject property, not concerning new development, shall be heard by the heritage tree board of appeals. All other appeals shall be heard by the city council. C. The city clerk shall set a date for hearing before the appropriate appellate body and shall notify all interested par- ties. The director shall submit a report to the appropriate appellate body, along with any departmental recommen- dations. D. The appellate body shall conduct a hearing on the appeal. Following the hearing of any such appeal, the appellate body may affirm, reverse or modify the action of the director and may take any action thereon which would have (Plea on Supp. No. 3, 1 -111) 450