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<br />Resolution No. PC-95-14 <br />Page 5 <br /> <br />3. The number of existing trees in the <br />neighborhood or area on improved property <br />and the effect removal would have upon the <br />public health, safety, general welfare of <br />residents and upon the property value and <br />beauty of the area; <br />4. The topography of the land upon which <br />the Heritage tree or trees are situated and <br />the effect of removal thereof upon erosion, <br />soil retention and diversion or flow of <br />surface waters; <br />5. Good forestry practices, i.e., the <br />number of healthy trees that a given parcel <br />of land will support. <br />B. The Director may refer any application <br />to any City department or commission for <br />review and recommendation. (prior code <br />2-17.05) <br /> <br />17.16.030 Action by Director- <br />Findings. <br />A. The Director shall issue a permit to <br />remove a Heritage tree or trees if it is <br />determined that one of the following <br />conditions exists: <br />1. The Heritage tree is in such a dangerous <br />or hazardous condition as to threaten or <br />endanger the safety of people, structures, <br />other property or other Heritage trees; <br />2. The Heritage tree is dead, dying or <br />diseased and good forestry practices cannot <br />be reasonably undertaken to preserve the <br />tree; or <br />3. Where the Heritage tree in question is <br />not diseased or hazardous, the removal of <br />the tree is consistent with the purpose and <br />intent of this chapter and in keeping with the <br />health, safety and general welfare of the <br />community. <br />B. The Director shall notify the applicant <br />in writing of the determination giving the <br />reason for the application's approval or <br /> <br />denial. (Prior code 2-17.06) <br /> <br />17.16.040 Appeal. <br />A. The Director's decision may be <br />appealed. Such appeal must be submitted <br />in writing to the City Clerk within twenty <br />days of the decision, shall briefly state facts <br />and the grounds of the appeal and be signed <br />by the appellant. <br />B. The City Clerk shall set a date for <br />hearing before the City Council. The <br />Director shall submit a report to the City <br />Council, along with any departmental <br />recommendations. <br />C. The City Council shall conduct a <br />hearing on the appeal. Following the <br />hearing of any such appeal, the City Council <br />may affirm, reverse or modify the action of <br />the Director and may take any action <br />thereon which would have been authorized <br />in the first instance. The action of the City <br />Council on any such appeal shall be final <br />and conclusive. (Prior code 2-17.07) <br /> <br />17.16.050 New property development. <br />A. Any person desiring to remove one or <br />more trees on any property in the City <br />which is related to the development of such <br />property requiring City approval or where <br />any tree may be affected by a proposed <br />development shall include in the application <br />to the appropriate City reviewing body as <br />part of the regular application, the <br />following: <br />I. A tree survey plan, including all trees <br />which will be affected by the new <br />development. The survey, noting all trees <br />6" in diameter and greater, shall specify the <br />precise location of trunk and dripline, size, <br />health and species of all existing trees on the <br />property with a special notation of those <br />classified as a Heritage tree; <br /> <br />- <br />