07/12/2000 P&Z Packet - Laserfiche WebLink

Home Search

MAY -26 -2000 16:34 TKDA 651 292 0083 P.11/11 REVIEW DRAFT 05/26/00 3. Unauthorized Removal: If a significant tree(~) or woodland that was intended to be preserved in accordance with the approved Tree Preservation Plan is removed without permission of the City or sustains critical damage resulting in tree removal as defined herein, the applicant shall replace each tree so removed or destroyed at a rate of three (3) caliper inches (replacement tree) for each caliper inch (significant tree) removed. Replacement trees shall be of the same, or similar species as the lost tree. The size and quality of replacement trees shall meet the requirements of Section V.C. B. Inspection and Enforcement: The City shall have the right to inspect the development and/or building site in order to determine compliance with the approved Tree Preservation Plan. 1. Compliance Inspection: One year after all replacement trees have been planted the applicant shall make a request in writing to the City for an inspection to determine compliance with the approved Tree Preservation Plan. Upon inspection, the City shall determine whether compliance has been achieved and, if so, release the performance guarantee. 2. Non - compliance: If the City finds that the property is not in compliance with the approved Tree Preservation Plan, it shall inform the applicant 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. 3. Dead Trees: Any replacement tree that is not alive or healthy one ye.ar after planting in accordance with the approved Tree Preservation Plan, shall be removed and replaced, by the applicant, with a new, healthy tree of the same size and species. 4. Use of Performance Security: If after notification of non - compliance, the applicant fails to achieve compliance within sixty (60) calendar days, the City may exercise its authority to use the performance security to complete the planting in accordance with the approved Tree Preservation Plan. C. Variance: The applicant has the right to apply for a variance to the requirements herein. [need to work with Attorney on language] 10 TOTAL P.11