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17.16.050 <br />opment which are required to remain <br />within the development. The appraisal <br />of each tree shall recognize the location <br />of the tree in the proposed develop- <br />ment. The appraisal shall be performed <br />in accordance with the current edition <br />of the "Guide for Plant Appraisal" <br />under the auspices of the International <br />Society of Arboriculture. The appraisal <br />shall be performed at the applicant's <br />expense, and the appraiser shall be <br />subject to the Director's approval. <br />B. Prior to acceptance of subdivision <br />improvements, the developer shall <br />submit to the Director a final tree re- <br />port to be performed by a certified or <br />consulting arborist. This report shall <br />consider all trees that were to remain <br />within the development. The report <br />shall note the trees' health in relation to <br />the initially reported condition of the <br />trees and shall note any changes in the <br />trees' numbers or physical conditions. <br />The applicant will then be responsible <br />for the loss of any tree not previously <br />approved for removal. For trees which <br />are not Heritage trees which were re- <br />moved, the developer shall pay a fine <br />in the amount equal to the appraised <br />value of the subject tree. For Heritage <br />trees which were removed, the develop- <br />er shall pay a fine in the amount of the <br />appraised value of such tree. The appli- <br />cant shall remain responsible for the <br />health and survival of all trees within <br />the development for a period of one <br />year following acceptance of the public <br />improvements of the development. <br />C. Prior to the issuance of any per- <br />mit allowing construction to begin, the <br />applicant shall post cash, bond or other <br />security satisfactory to the Director, in <br />the penal sum of five thousand dollars <br />($5,000.00) for each tree required to be <br />preserved, or twenty five thousand <br />dollars ($25,000.00), whichever is less. <br />The cash, bond or other security shall <br />be retained for a period of one year <br />following acceptance of the public <br />improvements for the development and <br />shall be forfeited in an amount equal to <br />five thousand dollars ($5,000.00) per <br />tree as a civil penalty in the event that <br />a tree or trees required to be preserved <br />are removed, destroyed or disfigured. <br />D. An applicant with a proposed de- <br />velopment which requires underground <br />utilities shall avoid the installation of <br />said utilities within the dripline of <br />existing trees whenever possible. In the <br />event that this is unavoidable, all <br />trenching shall be done by hand, taking <br />extreme caution to avoid damage to the <br />root structure. Work within the dripline <br />of existing trees shall be supervised at <br />all times by a certified or consulting <br />arborist. <br />E. Any decision by a City reviewing <br />body under this Section may be ap- <br />pealed as in Section 17.16.040 of this <br />Chapter. (Ord. 1737 § 1, 1998) <br />17.16.060 Emergency Action: <br />A person may remove or prune a <br />Heritage tree without a permit if there <br />is an emergency caused by a Heritage <br />tree being in a hazardous or dangerous <br />condition requiring immediate action <br />for the safety of structures or human <br />life. In such event, the Director shall be <br />notified at the earliest opportunity in <br />(Pleasanton 5-99) 440 <br />