(A) Payment required.
(1) Payment amount. Payments in the amounts as listed by the following table will be collected by the city pursuant to the requirements for bonds and/or penalties as mandated by this chapter:
Tree Size (Diameter) | Bond Amount |
10 to 17 inches
|
$1,000
|
18 to 25 inches
|
$2,000
|
26 to 36 inches
|
$3,500
|
37 to 48 inches
|
$5,000
|
48 and larger
|
$10,000
|
(2) Acceptable methods of payments. All payments made for penalties and or bonds shall be cash, or equivalent security, as approved by the City Attorney.
(3) Maximum bond amount per develop-ment parcel. The property owners' and/or developers' obligation for cash or other security deposit shall not exceed a maximum of $25,000 per development parcel.
(B) Refund of bond security. At the end of the course of property development as defined by this chapter, the city shall make a determination as to the health of the protected tree(s) for which a security deposit was made. Unless the tree(s) shows obvious signs of ill health, the deposit shall be returned to the developer and/or property owner. Should the tree be in poor condition, the city may either:
(1) Extend the length of time the bond is held; or
(2) Require that the bond be forfeited and used for tree replacement.
(C) Use of penalties and forfeited bonds. The money acquired by the city under this section shall be used as follows:
(1) Money collected in conjunction with property development shall be used in the following order or preference, at the direction of the Director of Community Development:
(a) To replace trees that have died during the course of property development with a tree of the same species and as close in size as reasonably possible.
(b) To provide additional landscaping on the developers' or property owners' property.
(c) To upgrade and/or landscape public places in the vicinity of the property.
(2) Money collected by the payment of penalties for failure to obtain a tree removal permit from the Department of Parks, Leisure and Community Services (independent from site development) shall be used for neighborhood beautification project as per the discretion of the Director of Parks, Leisure and Community Services.
(D) Exemption from fine. No penalty shall be paid and/or security deposit bond forfeited if a tree dies during the course of property development but for reasons beyond the developer's reasonable control. In order for this exception to be granted, all grading and construction must be consistent with approved plans.
(Ord. 897-C-S, passed 10-25-94)