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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 trees e;plus ten(10)percent, <br /> and shall be provided by the applicant and approved by the City. All landscaping 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 />