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9 <br /> <br />sanitary sewer improvements are available for use and the first lift of street pavement has been <br />installed. Furthermore, the DEVELOPER is responsible for the construction and cost of <br />constructing any necessary temporary bituminous roadway before the public roadway is <br />constructed and shall maintain reasonable access to any occupied home or homes, including <br />necessary street maintenance prior to permanent street improvements that are accepted by the <br />CITY. <br /> <br />4.14. DRIVEWAYS. Upon building a residence on a lot, the BUILDER shall construct <br />a concrete or bituminous surface driveway for the lot in accord with CITY approved standards. <br />For a lot for which a certificate of occupancy is issued between August 1 and May 1 of the <br />following year, completion of the work described in this paragraph must be completed by June <br />15; for a lot for which a certificate of occupancy is issued between May 1 and July 31, <br />completion of the work described in this paragraph shall be completed by October 1. <br /> <br />4.15. VEGETATION. The DEVELOPER shall comply with CITY ordinances and <br />policies related to preservation of vegetation and specifically shall exercise reasonable efforts <br />in residential areas to save mature, non-diseased trees and vegetation on the subject land which <br />do not have to be removed for reasonable installation of buildings, streets, utilities or drainage <br />improvements, construction activities related thereto, or site grading. Prior to any excavation, <br />the DEVELOPER or its contractors shall install tree protection or silt fence around all trees that <br />are to be saved and to mark such trees with a red band prior to any excavation. All diseased <br />trees shall be removed according to CITY ordinance requirements. <br /> <br />4.16. LANDSCAPING. The responsibility for landscaping requirements is as follows: <br /> <br />a) The BUILDER is responsible for installing all landscaping improvements as depicted <br />below. <br /> <br />b) Townhome lots shall meet the following standards: <br /> <br />i. Maintain their yards all the way to the curb or shoulder of the abutting roadways, <br />including any landscaping in the boulevards. <br /> <br />ii. The DEVELOPER is responsible to ensure that the BUILDER plants the <br />following number, size and types of trees and shrubs prior to the release of <br />escrow for each lot as described in the Landscape Plan. <br /> <br />4.17. EROSION CONTROL. The DEVELOPER shall provide and follow a plan for <br />erosion control and pond maintenance in accord with the Best Management Practices (BMP) <br />as delineated in the Minnesota Pollution Control Agency's handbook titled Minnesota <br />Stormwater Manual and in the grading permit requirements approved by the CITY. Such plan <br />shall be detailed on the DEVELOPMENT PLANS and shall be subject to approval of the CITY <br />ENGINEER. The DEVELOPER shall install and maintain such erosion control structures as <br />appear necessary under the DEVELOPMENT PLANS and as required in Exhibit C, or as it <br />becomes necessary subsequent thereto. The DEVELOPER shall be responsible for all damage <br />caused as the result of grading and excavation within the FINAL PLAT including, but not <br />limited to, restoration of existing control structures and clean-up of public right-of-way, until <br />all lots are final graded and improvements are completed. As a portion of the erosion control <br />plan, the DEVELOPER shall seed or sod any disturbed areas in accordance with the <br />DEVELOPMENT PLANS. After the site is rough graded, the DEVELOPER must provide <br />erosion control devices that are reasonably required by the CITY. The parties recognize that <br />time is of the essence in controlling erosion. If the DEVELOPER does not provide erosion