It is the purpose of this section to authorize relief from the mitigation requirements of this article when some exceptional physical, environmental or topographical condition affecting a site poses practical difficulty or unnecessary hardship in preserving or replacing a protected tree consistent with this article and good forestry practice.
(a) Applications for an exception to the mitigation requirements of this article may be made by the owner of a site that is: 1) seeking the issuance of a demolition, grading or building permit that may affect a protected tree or require mitigation of a protected tree, or 2) approval of an ad hoc tree removal permit.
(b) Applications for an exception shall be filed with the director and shall be accompanied by: 1) demolition plan, a lot improvement plan or a lot redevelopment plan, as applicable when the tree removal is related to lot redevelopment or lot improvement; 2) a tree inventory; 3) a tree preservation plan; 4) proof of ownership of the site; 5) a filing fee as established by the annual fee ordinance; and 6) a sworn statement identifying the exceptional physical, environmental or topographical condition affecting one or more protected trees that poses a practical difficulty or unnecessary hardship in preserving or replacing a protected tree consistent with this article and good forestry practices.
(c) The director shall have the authority to grant an exception to the mitigation requirements of this article when the applicant demonstrates to the satisfaction of the director that an exceptional physical, environmental or topographical condition affecting a site poses practical difficulty or unnecessary hardship in preserving or replacing a protected tree consistent with this article and good forestry practice.
(d) An applicant may appeal any decision of the director granting or denying an exception by filing a written notice of appeal with the village manager within twenty one (21) days after the date of the director's decision. Such appeals shall be heard and decided by the village manager, or his designee, who shall give the applicant written notice of his decision. The decision of the village manager may be further appealed to the village board of trustees, whose decision shall be final. Any appeal to the village board of trustees shall be initiated by filing a written notice of appeal with the village clerk within fourteen (14) days after the date of the manager's decision. (Ord. 0-05-9, 3-21-2005)