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• • Attachment 2: Landscaping and Tree Preservation Standards - REVISED JUNE 21, 2010 Page 16 2)b.Areas where development must encroach upon the root protection zone must be identified on the tree preservation plan in which case the fencing shall be installed at that edge. 3)c. No actions that may harm the health of the tree, including, but not limited to construction, traffic, compaction, storage of equipment or materials, including soil, grading, or concrete washout areas may occur in the root protection zone. 4)d.Trees damaged by construction, or with more than thirty percent of the roots disturbed, shall be counted as removed and mitigated at applicable rates. e. Tree protection measures shall remain in place until all grading and construction activity is terminated. 15. Certification of Compliance: Prior to the issuance of a certificate of occupancy, the project developer, builder, or representative shall certify in writing to the city that all elements of the tree preservation plan and landscaping plan were completed. These must be confirmed by the city. However, the City may issue a certificate of occupancy prior to completion of landscaping in the following situations: a. If winter weather will prevent healthy planting practices, a security may be posted to ensure the remaining planting is accomplished and all planting must be installed by the first of June the following spring. b. A certification of occupancy may be issued by the city on residential lots prior to lawn seeding or sod provided an escrow security is submitted sufficient to ensure that the work will be completed and the date of completion is specified. 16. Non - Compliance: If the City finds that the property is not in compliance with the approved landscaping plan or tree preservation plan, it shall inform the property owner or if applicable, the homeowners association, regarding the non - compliance and describe, in writing, the steps needed to bring the property into compliance within a reasonable timeframe, not to exceed sixty (60) calendar days. 17. Use of Performance Security: If after notification of non compliance, the property owner eemplianee7 The City may require performance security to ensure conformance with the requirements of this chapter. a. The performance security shall extend for two (2) years from the date of planting. The form of the security—cash, letter of credit, or other form —shall be determined by the City. b. If after notification of non - compliance the property owner or, if applicable, the homeowners association fails to achieve the compliance within sixty (60) calendar days, the City may exercise its authority to use the performance security to address compliance.