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b. The tree is dead or substantially dead and good <br /> forrestry practices cannot be reasonably under- <br /> taken to preserve the tree. <br /> <br /> S2-17.08 City Council Consideration. If the Director detex <br />mines that a tree does not meet the conditions of Section 2-17.07 <br />he shall refer the application to the City Clerk who shall set a <br />date for hearing before the City Council. The Director shall <br />submit a report to the Council setting forth the factual determi- <br />nations required by Section 2-17..06 , along with any departmental <br />recommendations. The Council may conduct a public hearing on the <br />application, however, compliance with S2~5.08 (Public Hearing and <br />Notice) is not required. The City Council shall issue a permit <br />to remove a tree or trees if it determines that: <br /> <br /> a. The removal of tree is consistent with the purposes <br /> and intent of this chapter; and <br /> b. The removal is in keeping with the health, safety <br /> and general welfare of the community; and <br /> c. Where diseased, good forrestry'practices cannot <br /> <br /> reasonably be undertaken to preserve the tree. <br /> Article 3. <br /> Preserving Heritage Trees <br /> <br /> ~2'17=.09 Preservation and Maintenance of Existing Trees. <br /> <br /> a. When proposed developments encroach into the drip <br /> line area of any tree, special construction to al- <br /> low the roots to breathe and obtain moisture shall <br /> be required as determined by the Director. <br /> <br /> b. The existing ground surface within four (4) feet <br /> (measured horizontally) of the base of any tree <br /> shall not be cut, filled or compacted. Tree wells <br /> may be used where advisable. Excavation adjacent <br /> to any tree shall not be permitted where damage to <br /> <br /> -4- <br /> <br /> <br />