ORD 2288 - Laserfiche WebLink

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