Any applicant, owner of the lot on which construction activity is proposed or owner of an affected protected tree or heritage tree aggrieved by a decision of the Village Manager in the enforcement of any terms or provisions of this subchapter may appeal the decision by filing a written notice of appeal with the Village Clerk within ten days after the date of the Village Manager’s decision. Any applicant, lot owner or tree owner filing an appeal shall have the burden of demonstrating an actual hardship, an abuse of discretion, or an error in interpretation of this subchapter. The Village Board shall review the tree permit application and render a decision on the appeal and, in making this decision, may consider any relevant evidence, documents or information pursuant to rules and procedures that the Village Board may establish from time to time. The decision of the Village Board to affirm, modify or reverse the Village Manager’s decision shall be final. The Village Clerk shall notify the person who filed the appeal, as well as the applicant, lot owner or the owner of the affected tree if different than the party filing the appeal, of the Village Board’s decision on the appeal within five days after the final action. No work shall be performed involving the affected protected tree or heritage tree prior to issuance of notice of the Village Board’s decision on the appeal.
(Ord. 945, passed 10-11-2005)