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b. The city may accept a cash in lieu payment in accordance with the required fee listed in the City Fee Schedule. In no instance shall cash in lieu of pavment exceed 10% of the Fair 1Vlarket Value of the development site. K. Tree Protection Required All trees which are to be retained on a site shall be marked and physically protected from harm or destruction caused bv soil compaction, equipment and material stora�e within a tree's identi�ed protection zone, bark abrasions, changes in soil chemistry, out-of-season prunin�, and root damage during construction. 1. Before any construction or grading of any development project occurs, a"safety fence" per the approved tree preservation plan shall be erected meetin� the following requirements• a. Must be at least 4 feet in height and staked with posts no less than every 5 feet. b. Shall be placed around the identi�ed protection zone(s) of trees to be preserved per the approved tree preservation plan. c. �ns shall be placed alon� the fence line identifyin� the area as a tree protection area, and prohibitin� development activities bevond the fence line. 2. The tree protection fencina shall remain in place until all grading and construction activity is terminated; failure to maintain tree protection fencing shall be �rounds for issuance of a stop work order. 3. No equipment, construction materials, or soil may be stored within the identified protection zone of anv inventoried tree to be preserved. 4. Care must be taken to Urevent a chanae in soil chemistry due to concrete washout and leakage or spilla6e of toxic materials such as fuels or paints. 5. Draina�e patterns on the site shall not change considerably causin� drastic environmental chanaes in the soil moisture content where trees are intended to be preserved. 6. Prunin� of oak trees and elm trees shall be subject to the followin� requirements: a. Prunin� of Oak trees shall not occur from March 15th throu�h July lst. b. Pruning of Elm trees shall not occur from April ls� through August 315t c. On a year to vear basis, the Citv Council mav alleviate or extend the above seasonal restrictions by resolution if, in its opinion, the same is necessary for the betterment of city wide oak and elm tree populations. d. If pruning of either tree type is absolutely necessary durin� prohibited timeframes, the city shall be noti�ed before work begins, and the landowner shall be required to seal all wounds with a proper wound sealin� paint authorized by the City Forester or other degreed forester or certified arborist as assigned by the Community Development Department. 7. Unplanned Loss of Trees. a. An_y tree, not previously identified for removal, that is determined bv the City Forester or other degreed forester or certified arborist as assigned bv the Community Development Department to be destroyecl or dama�ed as a result of development activity shall be replaced at the following rates: