(a) The village shall have the authority to stop any tree impact activity unless a tree permit has been issued therefor. Also, any tree impact activity that is not undertaken in strict conformity with the terms and conditions of a tree permit shall be subject to a stop work order until full compliance with such plan has been achieved, in addition to other penalties authorized in this article.
(b) (1) Upon determination by the village manager that a tree impact activity has been undertaken in a manner inconsistent with the terms of a tree permit or a priority tree plan, the village manager may require that a security deposit be filed with the village to secure the costs of removal and replacement of any priority tree that is or becomes damaged or fails to survive.
(2) The amount of the security deposit shall be determined by calculating:
A. The value of the priority tree, based on the tree replacement fee formula set forth in § 34-26 of this code; and
B. The cost of removing the dead or damaged priority tree from the lot.
(3) The security deposit shall be in a form acceptable to the village manager, and shall be valid for a period of two years from the issuance of the certificate of occupancy.
(4) The village manager may draw from the security deposit where the village manager has determined that a priority tree has been damaged or failed to survive as a result of the tree impact activity.
(5) The security deposit may be used for the costs of removing the damaged or dead priority tree and replacing the priority tree.
(Ord. No. 2005-11-3131)