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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. C16-13. Removal of heritage trees.

Where the tree in question has been designated as a heritage tree, all applications for a tree removal permit shall be forwarded to the County Historical Heritage Commission (HHC) by the Planning Office. A site visit may be conducted by representatives of the HHC and a written opinion from an arborist, forester, or other expert may be required to evaluate the status of the tree. Such reports shall be obtained at the expense of the applicant.

A public hearing shall be conducted, notice of which must be given by the HHC to the owner of the property on which the tree is located, as well as all other persons residing within 300 feet of the subject property, not less than seven days prior to the date of such hearing. Following the hearing, the Commission shall make a recommendation to the Board of Supervisors as to whether to grant, conditionally grant, or deny the application for tree removal permit. The Board of Supervisors shall then adopt or reject the recommendation of the Commission by resolution, unless the applicant elects to withdraw his or her application following the recommendation of the Historical Heritage Commission that such application be denied. The decision of the Board of Supervisors shall be forwarded to the Planning Office for issuance of the final permit. The determination of the Board of Supervisors shall be final.

(Ord. No. NS-1203.107, § 1, 2-11-97)

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