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(A) Any person who without a permit destroys, significantly alters or damages forest lands, not otherwise exempt, on a "subdividable parcel", as defined herein, which is located on private property shall be liable to the city for the cost of repair and replacement.
Repair or replacement cost shall be defined as follows:
1. The replacement value of a tree removed up to twelve inches (12") in trunk diameter shall be based upon the current retail price of a comparable tree up to twelve inches (12") of trunk caliper measured at four and one-half feet (4.5') from the top of the container soil level or the existing soil grade at the site of the damaged tree.
2. For trees larger than twelve inches (12") in trunk caliper, the replacement value shall be determined on the basis of the number of square inches the tree trunk cross section measured at four and one-half feet (4.5') above the grade in accordance with the formula prepared by the International Society of Arbor Culture.
3. If the city cannot make a monetary determination of the repair or replacement cost utilizing the formula prepared by the International Society of Arbor Culture, the city shall either require:
(a) Monetary reimbursement in a sum equal to the current market value of two (2) forty eight inch (48") size box specimen trees for each tree damaged or destroyed. All monies collected are to go toward the replacement of damaged or destroyed trees.
(b) Replanting of two (2) forty eight inch (48") size box specimen trees for each tree damaged or destroyed.
Unless otherwise agreed to by the city, the specimens used to replace or calculate replacement value shall be the same species as the damaged or destroyed tree.
4. Replacement value shall in addition include labor and materials for removing the damaged or destroyed tree and replanting of replacement trees. The party responsible shall also guarantee that all plants replaced shall live for at least two (2) years or they will be replaced. Replacement trees shall also be guaranteed for two (2) years from the date of replacement.
5. The party responsible for the damage of the tree shall be required to post a bond or deposit cash equal to the replacement value of the tree guaranteeing its repair or replacement. The responsible party shall post the bond or deposit the cash immediately upon notification of the city to do so.
6. All repairs or replacements performed pursuant to this chapter shall occur within sixty (60) days of the report of damage to the tree. Repair or replacement shall be performed by city personnel or an approved landscape tree person or contractor.
7. The remedies set forth in this section shall not be exclusive but may be imposed in addition to any other remedies or penalties set forth in this chapter.
(B) In cases of the intentional tree removal without a permit a reforestation plan shall be filed with the city and all of the requirements thereof shall be met at least two (2) years prior to the issuance of a woodland alteration permit. The preparation of a woodland alteration plan may proceed during the site plan or subdivision map review process. The reforestation plan must be approved as adequate by the planning commission. If the removal of trees results in canopy levels below the existing base line as provided in subsection 8-13-3(A) of this chapter, the standard for reforestation shall be set at one hundred percent (100%) of previously existing base line levels.
In addition a notice shall be recorded against the property notifying potential buyers that trees were removed from the property in violation of this chapter and list conditions or potential conditions related to the violation. Once the violations are corrected the notice shall be removed from the property. (Ord. 1509, 5-24-1994)