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Subd. 4 Compliance with Plan. The applicant shall implement the tree preservation plan <br />prior to and during any construction. The tree protection measures shall remain in place <br />until all grading and construction activity is terminated. <br /> A. Tree Removal Prior to Approval. No significant trees shall be removed until a tree <br />preservation plan is approved by the city and except in accordance with the approved tree <br />preservation plan. <br /> B. Inspection. The city shall have the right to inspect the development and/or building <br />site in order to determine compliance with the approved tree preservation plan. The city <br />shall determine whether compliance with the tree preservation plan has been met. <br /> C. Unapproved Tree Loss. If a tree that was required to be preserved is removed or <br />damaged so that it is in a state of decline within two growing seasons from date of project <br />closure, it must be mitigated at a rate of 2:1, or two caliper inches of trees replaced for <br />every caliper inch of tree removed. This provision also applies to an easement area that is <br />disturbed during or after development. The City may use the performance guarantee to <br />accomplish this. <br /> Subd. 5 Tree Removal and Preservation. <br /> A. Tree Removal Allowance. Mitigation shall not be required for removing, cutting, or <br />killing trees when: <br /> 1. Fewer than ten (10) percent of the caliper inches of the significant trees on the <br />property are cut, removed, or killed <br /> 2. There is an existing principal use on the property and no construction, grading, or <br />development is to occur in the location of the removed tree(s) within two years thereafter. <br /> 3. The trees to be removed, cut, or killed are identified as diseased or nuisance trees. <br /> B. Reduced Requirements. Mitigation requirements can be reduced as determined by <br />the City Council when there is a greater public good such as; <br /> 1. Allowing for LEED Certified architectural practices; <br /> 2. Providing affordable housing; <br /> 3. Allowing for a public road or trail; or <br /> 4. Providing for a public utility service. <br /> C. Planned Unit Developments. A PUD plan for a new subdivision will be approved only <br />if it demonstrates that the new subdivision has a reasonable number of lots or units and <br />has lot lines and building pads that minimize tree loss. Mitigation must be provided for any <br />removal of significant trees. <br /> D. Diseased and Nuisance Trees. Prior to grading, all diseased and nuisance trees on the <br />subject property shall be removed from the property at the time of grading and prior to the