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Page 7 10/23/2006 7. Special Meetings: Special meetings of the Commission may be called or at the request of the President, or two (2) Commission members. 8. Appeals: Any person directly affected by an order, decision or determination of the City Forester shall have the right to appeal to the Urban Forestry Commission. All appeals shall be filed within 10 days after the order, decision or determination is rendered by the City Forester; provided however that appeals of special assessments pursuant to Section 12.08.080.d shall be filed within 30 days after notice of the special assessment is mailed to the property owner. All appeals shall be in writing and filed with the Director of Parks, Recreation and Forestry and City Manager for placement on the Commission's agenda. An appeal shall be based on a claim that the true intent of this Chapter or the regulations or rules adopted there under have been incorrectly interpreted or applied, and shall specify the reasons. The Commission may reverse, affirm or modify the order, decision or determination of the City Forester. The Commission shall render its decision by majority vote after an appeal hearing. Section 12.08.040 Forest Activity Permit. A. Private Trees on Development Projects Prior to removal of any tree six (6) caliper 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 per Development Project. 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 within twenty (20) work days. 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 six (6) caliper inches in diameter or greater being removed from the site must be replaced with trees of comparable species, so that the combined caliper inches of the replacement trees will be equal to that of the cumulative adjusted DBH being removed. The time of replacement shall be directed by the City Forester. 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 not so replaced shall be made by the developer to the City Tree Bank within thirty (30) days of the City Forester making such determination; provided however that the maximum amount payable shall be $10,000 per acre; provided further that the City Forester shall make all reasonable effort