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• <br />• <br />• <br />materials including soil, grading, or concrete washout areas may <br />occur in the Root Protection Zone. <br />d. Trees damaged by construction, or with more than thirty percent of <br />the roots disturbed, shall be counted as removed and mitigated at <br />applicable rates. <br />e. Tree protection measures shall remain in place until all grading and <br />construction activity is terminated. <br />14. Final Inspection: Prior to the issuance of a certificate of occupancy, the <br />project developer, builder, or representative shall certify in writing to the <br />City that all elements of the tree preservation plan and landscaping plan <br />were completed. These must be confirmed by the City. However, the City <br />may issue a certificate of occupancy prior to completion of landscaping in <br />the following situations: <br />a. <br />If winter weather will prevent healthy planting practices, a security <br />shall be posted to ensure the remaining planting is accomplished <br />and all planting must be installed by the fifteenth of June the <br />following spring. <br />A certificate of occupancy may be issued by the City on residential <br />Tots prior to lawn seeding or sod, provided an escrow security is <br />submitted sufficient to ensure that the work will be completed and <br />the date of completion is specified. <br />15. Non - Compliance: If the City finds that the property is not in compliance <br />with the approved landscaping plan or tree preservation plan, it shall <br />inform the property owner or, if applicable, the homeowners association, <br />regarding the non - compliance and describe, in writing, the steps needed <br />to bring the property into compliance within a reasonable timeframe, not to <br />exceed sixty (60) calendar days. <br />16. Performance Security: The City may require performance security to <br />ensure conformance with the requirements of this chapter. <br />a. The performance security shall extend for two (2) years from the <br />date of planting. The form of the security (cash, letter of credit, or <br />other form) shall be determined by the City. <br />b. If after notification of non - compliance the property owner or, if <br />applicable, the homeowners association fails to achieve the <br />compliance within sixty (60) calendar days, the City may exercise <br />its authority to use the performance security to address compliance. <br />