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13 <br /> <br />removed from the site less the cost of installed trees, as determined by the <br />director; <br />5. Approval of final site or landscape plans by the appropriate city reviewing body <br />indicating which trees are to be removed shall constitute the approval and permit for the <br />purpose of this chapter. <br />B. Depending on the scope of the development, the director may require that prior to acceptance <br />of subdivision improvements or final inspection, the developer shall submit to the <br />director a final tree report to be performed by a certified consulting arborist. This report <br />shall consider all trees that were to remain within the development. The report shall note <br />the trees’ health in relation to the initially reported condition of the trees and shall note <br />any changes in the trees’ numbers or physical conditions. The applicant will t hen be <br />responsible for the loss of any tree not previously approved for removal. For trees which <br />were not previously approved for removal but were in fact removed during construction, <br />the developer shall pay a fine in the amount equal to the appraised value of the subject <br />tree. The applicant shall remain responsible for the health and survival of all trees within <br />the development for a period of one year following acceptance of the public <br />improvements of the development. <br />C. Prior to the issuance of any permit allowing construction to begin, the applicant shall post <br />cash, bond or other security satisfactory to the director, in the penal sum of greater of <br />either $5,000.00 or the appraised value for each tree required to be preserved, up to a <br />maximum of $100,000. The cash, bond or other security shall be retained for a period of <br />one year following acceptance of the public improvements for the development or final <br />inspection, as applicable, and shall be forfeited in an amount equal to the greater of either <br />$5,000.00 per tree or the appraised value of the tree as a civil penalty in the event that a <br />tree or trees required to be preserved are removed, destroyed or disfigured. The director <br />may allow for an early release all or a portion of such cash, bond or other security in <br />director’s reasonable discretion. <br />D. An applicant with a proposed development which requires underground utilities shall avoid <br />the installation of said utilities within the dripline of existing trees whenever possible. In <br />the event that this is unavoidable, all trenching shall be done by hand, taking extreme <br />caution to avoid damage to the root structure. Work within the dripline of existing trees <br />shall be supervised at all times by a certified consulting arborist. <br />E. Any decision by a city reviewing body under this section may be appealed pursuant to <br />Chapter 18.144. (Ord. 2192 § 2, 2019; Ord. 2165 § 1, 2017; Ord. 1737 § 1, 1998)