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June 28, 2006 Plan Commission Minutes Page 8 of 13 Urban Forestry Commission. To be effective, an appeal must be filed within ten (10) days after the decision of the City Forester. The Appeal shall be in writing and shall be filed with the Director of Parks, Recreation and Forestry for placement on the Commission's agenda. The appeal shall clearly specify the reasons for which a hearing is requested. After a hearing the Commission shall render its decision which shall be final. Section 12.08.040 Forest Activity Permit A. Private Trees Prior to removal of any tree 6 inches in diameter or greater, a Forest Activity Permit shall be required on all Development projects on private property within the City. A Forestry Activity Permit shall be obtained from the City Forester. The fee charged for each Forestry Activity Permit shall be $50. The removal of diseased or dead trees, and trees which have been declared a public nuisance by the City Forester is exempt. A tree survey of the site must be provided to the City Forester, and approved by the City Forester, prior to any excavation, grading or land clearance and also prior to the issuance of a building permit by the Building Commissioner, in connection with the development. The City Forester shall provide the Building Commissioner written notification of any approval. In the tree survey, each tree will be rated and assigned a condition factor (expressed as a percentage) depending on its current health. The condition factor will be assigned per guidelines accepted by the International Society of Arboriculture. Multiply the actual measured DBH of each tree by the condition factor to calculate the adjusted DBH. The preservation of trees on lots is encouraged. If complete preservation is not possible, any trees 6 inches in diameter or greater being removed from the site must be replaced with trees of comparable species, where the combined caliper inches of the replacement trees will be equal to that of the cumulative adjusted DBH being removed. If the carrying capacity of the site can not support the number of trees required for this mitigation, a payment of $120 per caliper inch remaining shall be paid to the City Tree Bank. Prior to issuing any occupancy permits for covered development projects, should any preserved tree die or become damaged as a result of grading or construction, the developer will pay an assessment equal to the value of the trees that die, are damaged, or are removed. The value of the trees will be determined using the International Society of Arboriculture's methodology of tree appraisal. (Copies available from ISA at PO Box 3129, Champaign, IL (www.isa-arbor.com). The City will withhold any occupancy permits until the assessment is paid. B. City Trees No person shall plant, prune, spray or remove any City Tree or shrub without first Q:\ WPOFFICE\ WPDA TA \m-06-28-2006. pIc. final. wpd