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<br />removed. This provision also applies to an easement area that is disturbed <br />durino or after development. The Citv mav use the performance ouarantee <br />to accomplish this. <br /> <br />Subd.5 Tree Removal and Preservation. <br /> <br />A. Tree Removal Allowance. Mitioation shall not be re~uired for <br />removino. cuttino. or killino trees when: <br /> <br />1 . Fewer than ten (10) percent of the caliper inches of the sionificant <br />trees on the propertv are cut. removed. or killed <br /> <br />2. There is an existino principal use on the propertv and no <br />construction. oradino. or development istobccur in the location of the <br />removed tree! s) within two vears thereafleL <br /> <br />3. The trees to be removed. cut. ot killed are.identified as diseased or <br />nuisance trees. <br /> <br />B. Reduced Reouirements.Mitioation re~uirements can be reduced as <br />determined bv the Citv CounCil when there is a oreater DUblic oood such <br />~ <br /> <br />1. providina reasonable use or access to the propertv: <br /> <br />2. providina affordablehousina: <br /> <br />3. allowina for a public roador4rail: <br /> <br />4. providina for apl.Jblit: utilitv service. such as a transmission line. <br />pondino or a water tower: or <br /> <br />5. enablina citv-desirlild redevelopment in a desianated <br />redevelopment area. FOE:purDoses of this subsection redevelopment <br />m.eans removal of the'principal use bv more than 50 percent of its <br />mal"ket value and reconstruction of it. This reauirement does not applv <br />, whereTeconstruction would be of a nonconformina use. <br /> <br /> <br />D. Planned Unit Developments. A PUD plan for a new subdivision will be <br />approved onlv if it demonstrates that the new subdivision has a reasonable <br />number of lots or units and has lot lines and buildina pads that minimize <br />tree loss. Mitiaation must be provided for anv removal of sianificant trees. <br /> <br />E.Diseased and Nuisance Trees. Prior to aradina. all diseased and <br />nuisance trees on the subiect propertv shall be removed from the propertv <br />at the time of aradina and prior to the commencement of buildina <br />construction. Diseased and nuisance trees shall not count toward <br />calculation of sionificant tree inventorv. <br /> <br />F. Removal of Trees Prior to Application Submittal. A tree that was <br />removed or otherwise destroved bv unnatural causes within two vears <br />before a development application will be reoarded as if it were present at <br />the time of construction or a development application. <br /> <br />DRAFT - February 11. 2008 <br /> <br />4 <br />