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1232 b. The city may accept a cash in lieu payment in accordance with the required fee listed <br />1233 in the Citv Fee Schedule. In no instance shall cash in lieu of payment exceed 10% of <br />1234 the Fair Market Value of the development site. <br />1235 K. Tree Protection Required <br />1236 All trees which are to be retained on a site shall be marked and nhvsicallv nrotected from <br />1237 harm or destruction caused bv soil compaction, equipment and material stora�e within a <br />1238 tree's identified Urotection zone, bark abrasions, changes in soil chemistry, out-of-season <br />1239 prunin�, and root damage during construction. <br />1240 1. Before any construction or grading of any development proiect occurs, a"safety fence" <br />1241 per the approved tree preservation plan shall be erected meetin� the following <br />1242 requirements: <br />1243 <br />1244 <br />1245 <br />1246 <br />1247 <br />a. Must be at least 4 feet in hei�ht and staked with posts no less than everv 5 feet. <br />b. Shall be placed around the identified protection zone(s) of trees to be preserved per <br />the approved tree preservation plan. <br />c. Signs shall be placed along the fence line identifying the area as a tree urotection area, <br />and prohibiting development activities bevond the fence line. <br />1248 2. The tree protection fencing shall remain in place until all grading and construction <br />1249 activitv is terminated; failure to maintain tree protection fencing shall be �rounds for <br />1250 issuance of a stop work order. <br />1251 <br />1252 <br />1253 <br />1254 <br />3. No equipment, construction materials, or soil mav be stored within the identified <br />protection zone of any inventoried tree to be preserved. <br />4. Care must be taken to prevent a change in soil chemistry due to concrete washout and <br />leaka�e or spillage of toxic materials such as fuels or paints. <br />1255 5. Drainage patterns on the site shall not change considerably causin� drastic <br />1256 environmental changes in the soil moisture content where trees are intended to be <br />1257 preserved. <br />1258 <br />1259 <br />1260 <br />6. Prunin� of oak trees and elm trees shall be subiect to the followin� requirements: <br />a. Prunin� of Oak trees shall not occur from March 15th through July lst. <br />b. Pruning of Elm trees shall not occur from April lst throu�h Au�ust 31sr <br />1261 c. On a year to year basis, the City Council may alleviatie or extend the above seasonal <br />1262 restrictions bv resolution if, in its opinion, the same is necessarv for the betterment of <br />1263 city wide oak and elm tree populations. <br />1264 d. If pruning of either tree tvue is absolutelv necessarv durin� prohibited timeframes, <br />1265 the citv shall be notified before work be�ins, and the landowner shall be reauired to <br />1266 seal all wounds with a proper wound sealin� paint authorized by the Citv Forester or <br />1267 other de�reed forester or certified arborist as assigned by the Community <br />1268 Development Department. <br />1269 7. Unplanned Loss of Trees. <br />1270 a. Any tree, not previously identified for removal, that is determined by the Citv <br />1271 Forester or other degreed forester or certified arborist as assigned by the Community <br />1272 Development Department to be destroved or dama�ed as a result of development <br />1273 activity shall be replaced at the following rates: <br />