11.45.030 Procedures.

City Code Section

(Amended by Ordinance 188278 and 188647, effective November 17, 2017.) 

  1. A.  Requesting Additional Information.
    1. 1.  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. 2.  The applicant will have a maximum of 30 days from the date of the City Forester’s notice to submit the additional information.
    3. 3.  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.
  2. B.  Notice. When the City Forester determines that the application contains sufficient information, the City Forester shall mail notice by US mail or electronically to all recognized organizations within the geographic area affected by the permit request. The notice shall announce the permit application and provide instructions for obtaining additional information, providing comments or to request notification of the City Forester’s decision.
  3. In addition to the public notice, the City Forester will provide a summary of pending and approved Programmatic Permits to the Urban Forestry Commission.
  4. C.  Decision. The City Forester shall take action to approve, approve with conditions, or deny a Programmatic Permit request within 120 days of determining an application contains sufficient information. The decision will be based on an evaluation of the request against the applicable review factors in Section 11.45.040.
  5. D.  Permit limitations.
    1. 1.  Time Limits. The City Forester may approve a Programmatic Permit for a period of up to 5 years. An annual report from the applicant to the City Forester on activity conducted under the permit is required.
    2. 2.  Tree Size Limits.
      1. a.  The programmatic permit will not allow the removal of healthy non-nuisance species trees 6 or more inches in diameter, except as provided in Subsection D.2.b., below.
      2. b.  If an applicant requests removal of healthy non-nuisance species trees 6 or more inches in diameter, an opportunity for public appeal shall be provided in accordance with Subsection F.2.b.
      3. c.  For any request, the City Forester may further limit allowed tree removal in order to meet the review factors in Section 11.45.040.
    3. 3.  Tree Work Limits. All work conducted under a programmatic permit must be conducted in accordance with proper arboricultural practices.
  6. E.  Revocation. The City Forester may revoke a Programmatic Permit upon finding the applicant is not adhering to the limitations imposed or is acting beyond the activities permitted by the Programmatic Permit. Non compliance with the Programmatic Permit may also be cause for any other enforcement action as stated in this Title.
  7. F.  Appeals.
    1. 1.  Timely Filing. Appeals shall be filed on forms as prescribed by the City within 14 days from the date of the written decision. Such appeals shall specifically identify in writing how the decision-maker erred in the decision.
    2. 2.  Appellant.
      1. a.  An applicant may appeal a denial, required conditions or specifications of an approval, or the revocation of any Programmatic Permit. Appeal Hearings will be conducted as specified in Subsections 11.30.040 D. through E.
      2. b.  The public may appeal an approval, required conditions or specifications of Programmatic Permits that authorize the removal of healthy non-nuisance species trees 6 or more inches in diameter. Appeal Hearings will be conducted as specified in Subsections 11.30.050 C. through E.
    3. 3.  Appeal Body Referral. The Appeals Board may refer the appeal request to the full Urban Forestry Commission.

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