The City shall process a tree permit application as follows:
(a) The Department shall review the tree permit application to verify that all required information has been provided. At the request of the applicant or the Department, an administrative meeting may be held to review the proposed application in light of the purpose and review standards of this section.
(b) Upon receipt of a complete application, the Department may conduct or authorize the completion of a field investigation to review and verify the accuracy of information received and during such review shall refer to the woodlands area map, if applicable. The receipt of a tree permit application shall constitute permission from the owner of the property to conduct such on-site investigation.
(c) If a tree permit application relates to a proposed development or activity on a site necessitating site plan review or plat approval or any other type of permit approval by the City Planning Commission, the Commission shall consider said application concurrent with its review of the related site plan or plat or other permit approval. If the Commission approves a site plan or plat or other permit which conforms with the requirements of this section, that approval, together with any additional terms and conditions attached thereto, will be considered to have fulfilled the requirements for a tree removal permit.
(d) When a tree permit application is not related to a development or activity necessitating review and approval of a site plan or plat or other permit by the Planning Commission, the Director shall be responsible for granting or denying the application. In the event the tree permit application is related to development on property for which administrative site plan approval is required prior to his or her decision, notice of the tree permit application shall be sent by first-class mail to all property owners adjoining the property upon which the development is proposed (including property directly across of rights-of-way and easements) at least fifteen days before the Director makes his or her decision, which notice shall indicate where and when the tree permit application may be examined and which shall further indicate that said owner(s) may file a written objection thereto with the Department.
(e) The City shall not issue a tree permit related to an administrative site plan approval approved by the Director until ten days have passed following such approval. Any person denied a tree permit by the Director or any owner of property adjoining the property upon which a development is proposed (including property directly across public rights-of-way and easements) when a tree permit related to an administrative site plan approval is approved, may appeal to the Planning Commission. An appeal must be filed in the City Clerk's office, in writing, within ten days of the date of mailing of the decision being appealed. Timely filing of an appeal shall have the effect of suspending the issuance of a tree permit related to an administrative site plan approval pending the outcome of the appeal. The Planning Commission, upon review, shall determine, with findings, whether or not there has been compliance with the requirements and standards of this section and, based upon its findings, it may affirm, reverse or modify the decision rendered by the Director. The applicant would then have the right to appeal the Planning Commission decision to the Board of Zoning Appeals.
(f) Whenever an application for a tree permit is granted, the Planning Commission shall:
(1) Attach to the granting of the tree permit any reasonable conditions considered necessary to ensure that the intent of this section will be fulfilled;
(2) Affix a reasonable time to carry out the activities approved in the permit; and
(3) Require the permit grantee to file with the City a cash or corporate surety bond or irrevocable bank letter of credit in an amount determined necessary to ensure compliance with tree permit conditions and this section.
(Ord. 682. Passed 8-18-99; Ord. 829. Passed 6-14-06.)