Ord_1606 PASSED (edited for Indoor Entertainment)

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b. The City may accept a cash-in-lieu tree replacement payment in accordance with the required 3913 fee listed in the City Fee Schedule. In no instance shall a cash-in- lieu of payment exceed 3914 10% of the Fair Market Value of the development site; or 3915 c. The City may approve a combination of tree replacement in accordance with “a” above and a 3916 payment consistent with “b” above to fulfill this requirement. (Ord. 1503 07-11-16) 3917 K. Tree Protection Required. All trees which are to be retained on a site shall be marked and physically 3918 protected from harm or destruction caused by soil compaction, equipment and material storage within 3919 a tree’s identified protection zone, bark abrasions, changes in soil chemistry, out- of-season pruning, 3920 and root damage during construction. 3921 1. Before any construction or grading of any development project occurs, a “safety fence” per the 3922 approved tree preservation plan shall be erected meeting the following requirements: 3923 a. Must be at least 4 feet in height and staked with posts no less than every 5 feet. 3924 b. Shall be placed around the identified protection zone(s) of trees to be preserved per the 3925 approved tree preservation plan. 3926 c. Signs shall be placed along the fence line identifying the area as a tree protection area, and 3927 prohibiting development activities beyond the fence line. 3928 2. The tree protection fencing shall remain in place until all grading and construction activity is 3929 terminated; failure to maintain tree protection fencing shall be grounds for issuance of a stop 3930 work order. 3931 3. No equipment, construction materials, or soil may be stored within the identified protection zone 3932 of any inventoried tree to be preserved. 3933 4. Care must be taken to prevent a change in soil chemistry due to concrete washout and leakage or 3934 spillage of toxic materials such as fuels or paints. 3935 5. Drainage patterns on the site shall not change considerably causing drastic environmental changes 3936 in the soil moisture content where trees are intended to be preserved. 3937 6. Pruning of oak trees and elm trees shall be subject to the following requirements: 3938 a. Pruning of Oak trees shall not occur from March 15th through July 1st. 3939 b. Pruning of Elm trees shall not occur from April 1st through August 31st. 3940 c. On a year to year basis, the City Council may alleviate or extend the above seasonal 3941 restrictions by resolution if, in its opinion, the same is necessary for the betterment of city 3942 wide oak and elm tree populations. 3943 d. If pruning of either tree type is absolutely necessary during prohibited timeframes, the city 3944 shall be notified before work begins, and the landowner shall be required to seal all wounds 3945 with a proper wound sealing paint authorized by the City Forester or other degreed forester or 3946 certified arborist as assigned by the Community Development Department. 3947 7. Unplanned Loss of Trees 3948