A. Jurisdiction of Environmental and Forestry Commission. The Environmental and Forestry Commission created in Section 3.04.010 of this code shall have the authority and jurisdiction to consider the following matters:
1. Tree removal applications. At the request of the Director, the Commission shall review applications for a permit to remove a tree under Section 15.28.040 (B)(6) of this chapter and shall determine if the application meets the requirements of that subsection,
2. Appeals. The Commission shall hear and decide appeals from the action of the Director denying a permit to remove a tree pursuant to Section 15.28.040 of this chapter.
B. Environmental and Forestry Commission Procedures. The application review and appeal shall be governed by the following procedures:
1. In reviewing applications for a permit to remove a tree under Section 15.28.040 (B)(6) of this chapter, the Commission shall determine if the application meets the requirements of that subsection. The Commission shall respond to the Director's request within twenty-one (21) days after it receives the request. A denial of a permit by the Director following such review by the Commission may be appealed as provided in the following paragraph 2.
2. An applicant shall initiate an appeal by filing a written notice of appeal with the Director and the Commission within ten (10) days following the Director's denial of a tree removal permit pursuant to Section 15.28.040 of this chapter. The notice of appeal shall specify the grounds for the appeal and state the relief sought. The Director shall transmit to the Commission all papers constituting the record upon which the decision or action appealed from was based.
3. The Commission shall schedule a hearing of the appeal within twenty-one (21) days following receipt of the notice. At least fourteen (14) days' notice of the hearing shall be given to the person taking the appeal. The time for conducting the hearing may be extended with the agreement of the person taking the appeal. Any party may appear at the hearing in person, by agent or by attorney.
4. The Commission shall announce its decision within ten (10) days following the conclusion of the hearing and may reverse or affirm the action of the Director.
5. In the event the Commission affirms the denial of the permit, the applicant may, within seven days from the date of the Commission's decision, serve a written notice upon the Commission and the Village Clerk of the intent of the applicant to appeal the ruling of the Commission to the Village Council. Within twenty-one (21) days following the service of the notice of intent, the Commission and the applicant shall provide all documentation relevant to the determinations below to the Village Clerk. The Village Council may, without further hearing, decide the appeal based upon the record presented. The decision of the Village Council shall be made within thirty (30) days following receipt of the records and its decision shall be final.
(Prior code § 10.07)
(MC-8-2000, Amended, 11/21/2000, Subsection (E)4 amended)
(MC-3-2008, Amended, 06/03/2008; MC-4-2005, Amended, 09/06/2005)