11.30.040 Procedure for Type A Permits.

City Code Section

(Amended by Ordinances 188278 and 191030, effective November 11, 2022.) 

  1. Type A permits are technical determinations regarding the facts of a particular request, and applications of city standards to ensure that work is performed in accordance with best management practices to protect trees, the public, or public infrastructure, and to ensure tree replacement. Type A permits are reviewed administratively by the City Forester. There is no public notice, and only the applicant may appeal the decision.
  2. A. Application.
    1. 1. Generally. Applications for a Type A Tree Permit shall meet the requirements of Section 11.30.030, Applications.
    2. 2. Additional information required.
      1. a. If the City Forester requires additional information to review an application, the City Forester will send a notice to the applicant requesting the additional information.
      2. b. The applicant will have a maximum of 30 days from the date of the City Forester’s notice to submit the additional information.
      3. c. If the additional information is not received by the City Forester within 30 days from the date of the City Forester’s notice, the application will be voided on the 31st day. The City will not refund the filing fee.
  3. B. Decision by the City Forester.
    1. 1. The City Forester’s decision shall be based on an evaluation of the facts and applicable standards and review factors in Chapter 11.40.
    2. 2. The City Forester may issue the permit, deny the permit, or may apply conditions of approval to the permit to ensure the request complies with the applicable review factors and standards. Type A permits may be self issued for Street Tree pruning. The applicant must agree that such pruning will be conducted in accordance with proper arboricultural practices. Self-issued permits are not subject to Subsection B.4. and may not be appealed.
    3. 3. Any work done under a permit shall be performed in strict accordance with the terms and provisions of this Title and conditions of approval of the permit.
    4. 4. The City Forester shall notify the applicant of the decision in writing.
    5. 5. If the applicant does not file a timely administrative review request or appeal as specified in Subsections C. and D., below, the decision is final.
  4. C. Administrative Review
    1. 1. Whenever a decision on a tree permit has been made under this Chapter, the applicant or representative may request that the decision be reviewed by the City Forester. The applicant or representative must submit a written request on forms prescribed by the City, to the City, within 14 days of the date of the decision. The City Forester, as applicable, may extend this requirement for good cause shown. Such review will be conducted by the City Forester. The applicant or representative requesting such review will identify how the City Forester erred in applying the standard or review factors. Following the review, the City Forester will issue a written determination.
  5. D. Appeal to Urban Forestry Appeals Board. The applicant may appeal the City Forester's administrative review decision on a tree permit. Appeals shall be:
    1. 1. Filed with the City Forester on forms prescribed by the City;
    2. 2. Filed within 14 days from the date on the City Forester's administrative review decision; and
    3. 3. Specifically identify how the City Forester erred in applying the standards or review factors.
  6. E. Appeal process.
    1. 1. Scheduling the appeal hearing. The appeal hearing will be scheduled within 45 days of the date the appeal was filed. However, the applicant may request the hearing at a later time.
    2. 2. Notice. Notice of the appeal hearing will be sent to the applicant at least 14 days before the hearing.
    3. 3. Hearing.
      1. a. Appeals are heard by the Urban Forestry Appeals Board (Appeals Board).
      2. b. The Appeals Board will consider the application against the applicable standards or review factors, taking into consideration information provided by the applicant, appellant and City staff, and any observations made by members of the Appeals Board if they visit the site.
  7. F. Appeals Board Decision.
    1. 1. The Appeals Board may affirm or reverse the City Forester's decision.
    2. 2. The Appeals Board will give due deference to the professional judgment of the City Forester, and will reverse or remand the City Forester's decision only upon a finding that the City Forester's decision is not supported by substantial evidence, or upon a finding that the City Forester's decision was arbitrary or capricious, an abuse of discretion or otherwise was not in accordance with the provisions of this Title.
    3. 3. The appeal decision of the Urban Forestry Appeals Board is final and may not be appealed to another review body within the City.

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