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7B, Approve Ordinance 2008-007 in PC 08-014 Tree Preservation
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7B, Approve Ordinance 2008-007 in PC 08-014 Tree Preservation
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4/25/2008 11:05:56 AM
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Ordinance 2008-007 PC 08-014 Tree Preser
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Agenda Item
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4/28/2008
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<br />preservation of protected trees before developinq a Tree Preservation <br />Plan. <br /> <br />C. Review Process. The tree preservation plan shall be reviewed bv the <br />citv to assess the best possible lavout to preserve siqnificant trees and to <br />enhance the efforts to minimize damaqe to siqnificant trees. The applicant <br />shall meet with citv staff prior to submission of the development application <br />or prior to application for the qradinq permit. whichever is sooner. to <br />determine the most feasible and practical placement of buildinqs. parkinq. <br />drivewavs. streets. storaqe and other phvsical features. in order that the <br />fewest siqnificant trees are destroved or damaqed. <br /> <br /> <br />Subd. 3 Performance Guarantee. <br /> <br />A. Anv applicant required to submit a tree preservation plan shall provide <br />the required performance quarantee foliowinq preiiminarv approvai of the <br />tree preservation plan and prior to anv construction and/or qradinq to <br />insure completion and maintenance of all landscapinq and trees in <br />accordance with the approved tree preservation plan required hereunder. <br /> <br />B. The amount of a bond or other approved financial suretv shall be 125% <br />of the cost of materials and instaliation. <br /> <br />C. The bond or other financial suretv shall be provided prior to the <br />issuance of anv buiidinq or qradinq permits and shall be valid for two full <br />vears. from the date of installation. <br /> <br />D. For anv tree that is not in accordance with the approved tree <br />preservation plan at the end of two qrowinq seasons. the applicant shall <br />replace the material to the satisfaction of the citv before the quarantee is <br />released. Where this is not done. the citv. at its sole discretion. mav use <br />the proceeds of the performance quarantee to accomplish performance. <br /> <br />Subd. 4 Compliance with Plan. The applicant shall implement the tree preservation <br />plan prior to and durinq anv construction. The tree protection measures shall remain <br />in place until all qradinq and construction activitv is terminated. <br /> <br />A. Tree Removal Prior to Approval. No siqnificant trees shall be removed <br />until a tree preservation plan is approved bv the citv and except in <br />accordance with the approved tree preservation plan. <br /> <br />B. Inspection. The citv shall have the riqht to inspect the development <br />and/or buildinq site in order to determine compliance with the approved <br />tree preservation plan. The citv shall determine whether compliance with <br />the tree preservation plan has been met. <br /> <br />C. Unapproved Tree Loss. If a tree that was required to be preserved is <br />removed or damaqed so that it is in a state of decline within two qrowinq <br />seasons from date of proiect closure. it must be mitiqated at a rate of 2:1. <br />or two caliper inches of trees replaced for everv caliper inch of tree <br />removed. This provision also applies to an easement area that is disturbed <br />durinq or after development. The Citv mav use the performance quarantee <br />to accomplish this. <br /> <br />Subd. 5 Tree Removal and Preservation. <br /> <br />Proposed - March 19. 2008 <br /> <br />3 <br />
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