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<br /> <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 <br />trees’ health in relation to the initially reported condition of the trees and shall note any changes <br />in the 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 <br />removed during construction, the developer shall pay a penalty in the amount equal to the <br />appraised value of the subject tree. <br />2. The property owner is responsible for the health and survival of the trees not approved <br />for removal within the development for a period of one year following the final inspection. <br />The Director may make the developer responsible for survival of trees for a longer period <br />should the trees show signs of decline or if impacts were observed during construction; and <br />such 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 of either $100 for each <br />inch of circumference of the tree’s trunk (when measured 54 inches above grade) or the <br />appraised value for each tree required to be preserved, whichever is greater, up to a maximum of <br />$200,000. The cash, bond, or other security shall be retained for a period of one year following <br />acceptance of the public improvements for the development or final inspection, as applicable, <br />and shall be forfeited in an amount equal to the greater of either $100 per each inch of <br />circumference of the tree’s trunk (when measured 54 inches above grade), or the appraised value <br />of the tree as a civil penalty in the event that a tree or trees required to be preserved are removed <br />or Effectively Removed. The Director may allow for an early release of all or a portion of such <br />cash, bond, or other security in the Director’s reasonable discretion. The Director may require <br />the retention of the security for an additional time period beyond one year should the trees show <br />signs of decline or if impacts were observed during construction. Such a requirement would be <br />set forth in writing. <br />D. An Applicant with a proposed development which requires underground utilities shall <br />avoid 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 caution to <br />avoid damage to the root structure. Work within the dripline of existing trees shall be supervised <br />at all 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 115 of 126