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2016 Draft Landscaping Code <br />c. A financial assurance is posted based on 50% of the value of the retained tree(s) to <br />ensure tree replacement should the retained trees be damaged or die as a result of <br />construction impacts. The financial assurance shall be retained for three years. <br />The value of the significant tree(s) to be retained, as determined by an ISA Certified <br />Arborist, shall be posted on the tree prior to site preparation and retained throughout the <br />construction of the 1proiect. <br />Commented [CL99]: This provision added by Advisory <br />Committee. <br />B. Violations ( Commented [CL100]: New subsection that identifies 1 <br />Ill what is a violation of the landscaping code and what the J <br />1. Violations: The following actions shall be considered a violation of this chapter: penalties and the required remedial measures will be. <br />a. Any removal or damage of landscaping that is required by this Chapter; <br />b. Topping or excessive pruning of trees or shrubs, except as explicitly allowed by this <br />chapter. <br />c. Failure to replace dead landscaping imaterialsi. L Commented [CL101]: New violation item. <br />2. Penalties: In addition to any other penalties or other enforcement actions, any person Commented [CL102]: From Federal Way Tree Code, FMC <br />who fails to comply with the provisions of this chapter also shall be subject to a civil 19.120.270. <br />penalty as set forth below. Each unlawfully removed or damaged tree shall constitute a <br />separate violation. <br />a. The amount of the penalty shall be assessed based on the table below. The Director <br />may elect not to seek penalties or may reduce the penalties if he or she determines <br />that the circumstances do not warrant imposition of any or all of the civil penalties. <br />b. Penalties are in addition to the restoration of removed plant materials through the <br />remedial measures listed below. <br />c. It shall not be a defense to the prosecution for a failure to obtain a permit required by <br />this chapter that a contractor, subcontractor, person with responsibility on the site or <br />person authorizing or directing the work erroneously believe a permit had been issued <br />to the property owner or any other person. <br />Type of Violation <br />I Allowable Fines per iolation <br />Removal or damage of trees or specimen <br />shrubs without applying for and obtaining <br />required city approval <br />$1,000 per tree, or up to the marketable value <br />of each tree removed or damaged as <br />determined by a certified arborist. <br />3. Remedial Measures: In addition to the penalties provided above, the Director shall <br />require any person conducting work in violation of this chapter to mitigate the impacts of <br />unauthorized work by carrying out remedial measures. <br />a. Any illegal removal of required trees shall be subject to obtaining a tree permit and <br />replacement with trees that meet or exceed the functional value of the removed trees. <br />In addition, any shrubs and groundcover removed without city approval shall be <br />replaced; and <br />Page 18 of 19 11/2/2016 6:15 PM <br />W:\ \Long Range Projects \2016 Landscaping Code Update \Draft TMC Chapter 18.52- Advisory Committee Revisions -2 <br />26 <br />Commented [CL103]: From Federal Way Tree Code; City <br />of Kirkland has similar monetary penalties. <br />"or specimen shrubs" added by Advisory Committee. <br />