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1. Mitigation Rate. Significant live trees lost or reasonably anticipated to be lost as <br />a result of building, construction, or grading immediately or in the future, shall be <br />replaced by the property owner by planting that number of caliper inches of trees <br />("replacement trees") determined at a rate of 1:2 or one inch replaced for every two <br />inches lost. The trees required to be replaced pursuant to this Section shall be in addition <br />to any other trees required to be planted pursuant to any other provision of the Code. <br />2. Mitigation Species. Replacement trees shall be of a species similar to the trees <br />which are lost or removed and shall include those species pre -approved in writing by the <br />City. The City maintains a list of trees provided for guidance in selection of trees and <br />shrubs. <br />3. General Mitigation Standards. <br />a) All replacement trees shall meet the American Standards for Nursery Stock <br />relating to quality of stock and appropriate sizing of the root ball for balled and burlapped <br />and spade -moved trees. <br />b) Trees planted in accordance with mitigation requirements shall not be <br />comprised of more than 25 percent of the same species or size unless approved by the <br />city. <br />c) Replacement trees shall be planted on the same property from which the trees <br />were removed. If the City determines, at its sole discretion, that the number of <br />replacement trees to be planted exceeds the number of trees that can be accommodated <br />practically on -site, off -site planting may occur at locations to be determined by the City, <br />or a landscaping fee in lieu of off -site planting may be required as provided in paragraph <br />d below. <br />d) Where tree replacement on -site in satisfaction of Subd. 6.A above is not <br />practical and a suitable off -site location cannot be determined by the City, a landscaping <br />fee in lieu thereof may be assessed for the replacement required. The landscaping fee <br />amount shall be the cost of materials and installation of tree s t plus ten (10) percent, <br />and shall be provided by the applicant and approved by the City. All landscapes funds <br />collected shall be expended exclusively towards landscaping, as defined by the <br />ordinance, for implementation of the goals listed in Subd. 1 of this section and Section <br />1325.05, Subd. I.A. <br />e) Development that is subject to the landscape requirements in Section 1325.05 <br />of the Zoning Code may count preserved trees towards the required landscaping plan. <br />The planting of trees for mitigation shall be in addition to the landscape requirements of <br />Section 1325.05 and shall be replaced in accordance with paragraph c and/or d above. <br />f) The required mitigation trees shall be replaced by the property owner or <br />original developer if they have died or have severely declined after the second full <br />growing season following installation. A tree shall be considered to be severely declined <br />if more than 25 percent of the crown has died. <br />Subd. 7 General Tree Protection Standards. <br />A. Prior to Construction. Before construction, grading or land clearing begins; trees <br />or tree areas that are to be preserved shall be visibly marked and the city -approved tree <br />protection fencing or other method shall be installed and maintained at the critical root <br />8 <br />221909v1 <br />