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B. Inspection. The city shall have the right to inspect the development and/or building site in order to determine compliance with the approved tree preservation plan. The city shall determine whether compliance with the tree preservation plan has been met. C. Unapproved Tree Loss. If a tree that was required to be preserved is removed or damaged so that it is in a state of decline within two growing seasons from date of project closure, it must be mitigated at a rate of 2:1, or two caliper inches of trees replaced for every caliper inch of tree removed. This provision also applies to an easement area that is disturbed during or after development. The City may use the performance guarantee to accomplish this. Subd. 5 Tree Removal and Preservation. A. Tree Removal Allowance. Mitigation shall not be required for removing, cutting, or killing trees when: 1. Fewer than ten(10)percent of the caliper inches of the significant trees on the property are cut,removed, or killed 2. There is an existing principal use on the property and no construction, grading, or development is to occur in the location of the removed tree(s)within two years thereafter. 3. The trees to be removed, cut, or killed are identified as diseased or nuisance trees. B. Reduced Requirements. Mitigation requirements can be reduced as determined by the City Council when there is a greater public good such as; 1. Allowing for LEED Certified architectural practices; 2. Providing affordable housing; 3. Allowing for a public road or trail; or 4. Providing for a public utility service. C. Planned Unit Developments. A PUD plan for a new subdivision will be approved only if it demonstrates that the new subdivision has a reasonable number of lots or units and has lot lines and building pads that minimize tree loss. Mitigation must be provided for any removal of significant trees. D. Diseased and Nuisance Trees. Prior to grading, all diseased and nuisance trees on the subject property shall be removed from the property at the time of grading and prior to the commencement of building construction. Diseased and nuisance trees shall not count toward calculation of significant tree inventory. E. Removal of Trees Prior to Application Submittal. A tree that was removed or otherwise destroyed by unnatural causes within two years before a development application will be regarded as if it were present at the time of construction or a development application. Subd. 6 Approved Tree Mitigation. A. Mitigation Standards. Mitigation for tree removal of significant trees must meet the following specific standards; 7 221909v1