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Ordinance No. 2288 <br />Page 9 of 12 <br /> <br /> <br />B. Depending on the scope of the development, the Director may require that prior to <br />acceptance of subdivision improvements or final inspection, the developer shall submit to the <br />Director a final arborist report to be performed by an Approved Consulting Arborist. This report <br />shall consider all trees that were to remain within the development. The report shall note the trees’ <br />health in relation to the initially reported condition of the trees and shall note any changes in the <br />trees’ identification number or physical conditions. <br />1. The Applicant will be responsible for the loss of any tree not previously approved for <br />removal. For trees which were not previously approved for removal but were in fact removed <br />during construction, the developer shall pay a penalty in the amount equal to the appraised <br />value of the subject tree. <br />2. The property owner is responsible for the health and survival of the trees not approved for <br />removal within the development for a period of one year following the final inspection. The <br />Director may make the developer responsible for survival of trees for a longer period should <br />the trees show signs of decline or if impacts were observed during construction; and such <br />extension period shall be in writing. <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 sum of either $100 for each inch of <br />circumference of the tree’s trunk (when measured 54 inches above grade) or the appraised value for <br />each tree required to be preserved, whichever is greater, up to a maximum of $200,000. The cash, <br />bond, or other security shall be retained for a period of one year following acceptance of the public <br />improvements for the development or final inspection, as applicable, and shall be forfeited in an <br />amount equal to the greater of either $100 per each inch of circumference of the tree’s trunk (when <br />measured 54 inches above grade), or the appraised value of the tree as a civil penalty in the event <br />that a tree or trees required to be preserved are removed or Effectively Removed. The Director may <br />allow for the early release of all or a portion of such cash, bond, or other security in the Director’s <br />reasonable discretion. The Director may require the retention of the security for an additional time <br />period beyond one year should the trees show signs of decline or if impacts were observed during <br />construction. Such a requirement would be set forth in writing. <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 the event <br />that this is unavoidable, all trenching shall be done by hand, taking extreme caution to avoid <br />damage to the root structure. Work within the dripline of existing trees shall be supervised at all <br />times by a certified consulting arborist. <br />E. Any decision by a city reviewing body under this section may be appealed to City Council <br />pursuant to Chapter 18.144. <br /> <br />Page 45 of 893