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3913 b. The City may accept a cash -in -lieu tree replacement payment in accordance with the required <br />3914 fee listed in the City Fee Schedule. In no instance shall a cash -in- lieu of payment exceed <br />3915 10% of the Fair Market Value of the development site; or <br />3916 c. The City may approve a combination of tree replacement in accordance with "a" above and a <br />3917 payment consistent with "b" above to fulfill this requirement. (Ord. 1503 07-11-16) <br />3918 K. Tree Protection Required. All trees which are to be retained on a site shall be marked and physically <br />3919 protected from harm or destruction caused by soil compaction, equipment and material storage within <br />3920 a tree's identified protection zone, bark abrasions, changes in soil chemistry, out- of -season pruning, <br />3921 and root damage during construction. <br />3922 1. Before any construction or grading of any development project occurs, a "safety fence" per the <br />3923 approved tree preservation plan shall be erected meeting the following requirements: <br />3924 a. Must be at least 4 feet in height and staked with posts no less than every 5 feet. <br />3925 b. Shall be placed around the identified protection zone(s) of trees to be preserved per the <br />3926 approved tree preservation plan. <br />3927 c. Signs shall be placed along the fence line identifying the area as a tree protection area, and <br />3928 prohibiting development activities beyond the fence line. <br />3929 2. The tree protection fencing shall remain in place until all grading and construction activity is <br />3930 terminated; failure to maintain tree protection fencing shall be grounds for issuance of a stop <br />3931 work order. <br />3932 <br />3. <br />No equipment, construction materials, or soil may be stored within the identified protection zone <br />3933 <br />of any inventoried tree to be preserved. <br />3934 <br />4. <br />Care must be taken to prevent a change in soil chemistry due to concrete washout and leakage or <br />3935 <br />spillage of toxic materials such as fuels or paints. <br />3936 <br />5. <br />Drainage patterns on the site shall not change considerably causing drastic environrnental changes <br />3937 <br />in the soil moisture content where trees are intended to be preserved. <br />3938 <br />6. <br />Pruning of oak trees and elm trees shall be subject to the following requirements: <br />3939 <br />a. Pruning of Oak trees shall not occur from March 15th through July 1st. <br />3940 <br />b. Pruning of Elm trees shall not occur from April 1st through August 31 st. <br />3941 <br />c. On a year to year basis, the City Council may alleviate or extend the above seasonal <br />3942 <br />restrictions by resolution if, in its opinion, the same is necessary for the betterment of city <br />3943 <br />wide oak and elm tree populations. <br />3944 <br />d. If pruning of either tree type is absolutely necessary during prohibited timeframes, the city <br />3945 <br />shall be notified before work begins, and the landowner shall be required to seal all wounds <br />3946 <br />with a proper wound sealing paint authorized by the City Forester or other degreed forester or <br />3947 <br />certified arborist as assigned by the Community Development Department. <br />3948 <br />7. <br />Unplanned Loss of Trees <br />Page 30 of 89 <br />