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7 <br />221909v1 <br /> B. Inspection. The city shall have the right to inspect the development and/or <br />building site in order to determine compliance with the approved tree preservation plan. <br />The city shall determine whether compliance with the tree preservation plan has been <br />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, <br />or 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, <br />or development is to occur in the location of the removed tree(s) within two years <br />thereafter. <br /> 3. The trees to be removed, cut, or killed are identified as diseased or nuisance <br />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 <br />only if it demonstrates that the new subdivision has a reasonable number of lots or units <br />and has lot lines and building pads that minimize tree loss. Mitigation must be provided <br />for any removal of significant trees. <br /> D. Diseased and Nuisance Trees. Prior to grading, all diseased and nuisance trees on <br />the subject property shall be removed from the property at the time of grading and prior <br />to the commencement of building construction. Diseased and nuisance trees shall not <br />count toward calculation of significant tree inventory. <br /> E. Removal of Trees Prior to Application Submittal. A tree that was removed or <br />otherwise destroyed by unnatural causes within two years before a development <br />application will be regarded as if it were present at the time of construction or a <br />development application. <br /> Subd. 6 Approved Tree Mitigation. <br /> A. Mitigation Standards. Mitigation for tree removal of significant trees must meet <br />the following specific standards;