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5. A stand of trees, the nature of which makes each dependent upon the other for survival or <br /> the area's natural beauty. <br /> B."Director" means the community development director or the director's designated <br /> representative. <br /> C."Topping" means heading back of the crown and/or creating large stubs without regard to form. <br /> D."Certified err-consulting arborist" means an arborist who is registered with the International <br /> Society of Arboriculture and approved by the director. <br /> E. "Applicant" means the owner of improved property submitting an application to remove a <br /> heritage tree(s) located upon said property. Only the property owner may apply to remove a heritage <br /> tree(s) or appeal the director's decision. <br /> F. "Significant impact" means an unreasonable interference with the normal and intended use of the <br /> property. In determining whether there is a significant impact, the typical longevity of the subject <br /> tree species, as well as the size of the tree relative to the property, shall be considered. Normal <br /> maintenance, including, but not limited to, pruning, and leaf removal and minor damage to paving <br /> shall not be considered when making a determination of significant impact. <br /> 17.16.010 Permit—Required. <br /> A.No person shall remove, destroy or disfigure, any heritage tree growing within the city without a <br /> permit except as provided in this chapter. <br /> B.Normal maintenance pruning of heritage trees shall not require a permit but shall in all cases be in <br /> conformance with the guidelines in Section 17.16.080. the guidelines of the International Society of <br /> Arboriculture. Best Management Practice.;. Tree Pruning. current edition. Pruning which, in the <br /> reasonable opinion of the director, varies from these guidelines shall be subject to fines and <br /> penalties as provided in Section 17.16.110 of this chapter. <br /> 17.16.040 Appeals not involving new development. <br /> A. For decisions not involving new property development,Tthe director's decision may be appealed <br /> only by the applicant. Such appeal must be submitted in writing to the city clerk within 20 days of <br /> the decision, and shall briefly state facts and the grounds of the appeal and be signed by the <br /> applicant filing the appeal. <br /> B.Any appeal concerning property with four or fewer residential units on the subject property, not <br /> concerning new development, Appeals shall be heard by the heritage tree board of appeals. All other <br /> appeals shall be heard by the city council. <br /> C.The city clerk shall set a date for hearing before the appropriate appellate body and shall notify all <br /> interested parties and property owners within 300 feet of the tree(s) at issue.The director shall <br /> submit a report to the heritacre tree hoard_czt appeals-apprepri.atc appellate body, along with any <br /> departmental recommendations. <br /> D.The heritage tree hoard of appeals appellate body-shall conduct a hearing on the appeal. <br /> Following the hearing of any such appeal, the heritage tree board of appeals_ odmay <br /> affirm, reverse or modify the action of the director and may take any action thereon which would <br /> have been authorized in the first instance. The action of the heritage tree board of appeals appellate <br /> body on any such appeal shall be final and conclusive. <br /> 17.16.050 New property development. <br /> A.Any person desiring to remove one or more trees on any property in the city which is related to <br /> the development of such property requiring city approval or where any tree may be affected by a <br /> proposed development shall include in the application to the appropriate city reviewing body as part <br /> of the regular application, the following: <br /> 1. A tree survey plan, including all trees which will be affected by the new development. <br /> The survey, noting all trees six inches in diameter and greater, shall specify the precise location <br /> 8 <br />