A. Application. The requirements of this section apply to any development whereby a protected tree will remain within the development area, whether or not a tree removal permit has been issued to remove other protected trees.
B. Guarantee Period.
1. Upon issuance of the first city permit, which authorizes work on the site, the applicant shall guarantee the health of all protected tree(s) to be preserved on the site. The health of all protected trees required to remain on or in the vicinity of the site shall be guaranteed from the date the guarantee is first filed with the Community Development Director until three (3) years after the final inspection of the development or issuance of the certificate of occupancy, if any, whichever is later.
2. The guarantee shall include the applicant's agreement to replace any protected tree, which is to be saved, but that dies during the guarantee period with a tree of the same species as close in size as is reasonably possible within such time and in such manner as is determined by the Community Development Director.
C. Determination of loss/damage of protected tree. Upon determination by the Community Development Director that a protected tree has died through the fault of the applicant as determined under Section 17.96.080.B, pay to the city a civil penalty levied by the Community Development Director for such protected tree in accordance with the requirements of Section 17.96.090. If any person performs any work within the dripline of a protected tree which is not permitted by this chapter or otherwise damages a protected tree in a manner which is not permitted by this chapter or a protected tree permit, that person shall guarantee the health of that protected tree for a period of five (5) years. (Ord. 2010-02 § 1 (part), 2010)