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b. Placement of utilities in common trenches outside of the drip line of significant and specimen trees or use of tunneled utility installation. c. Use of tree root aeration, fertilization, or irrigation systems. 13) Compliance with the O ee pPreservation pPlan. The applicant shall implement the Tree Preservation Plan and receive confirmation of acceptance from the City's Landscape Architect prior to the start of and during any grading or construction activities. The tree protection measures shall remain in place until all grading, and construction activity is terminated or until a request to remove the tree protection measures is made to, and approved by, the City. a. No significant trees shall be removed until the Tree Preservation Plan is approved by the City and except in accordance with the approved Tree Preservation Plan. b. If an applicant damages or removes a significant tree that is intended to be preserved to die point that City staff believes the tree will not survive, the applicant must remit to the City a cash mitigation, calculated per diameter inch of the removed or damaged tree in the amount set forth in the City fee schedule. c. The City shall have the right to inspect the site in order to determine compliance with the approved Tree Preservation Plan. The eCity shall determine whether the Tree Preservation Plan has been met prior to the release of any financial security obtained for tree preservation. d. Instances where a significant tree is removed due to new development, redevelopment, new construction activity or were disturbed, and the removal was not noted on the landscaping or tree removal plan will result in a one-to-one replacement penalty regardless of if the removal is over the thirty percent (30%) allowance. d) Tree protection standards for non -developing properties. D Existing developed commercial, industrial, and mixed -use properties. a. Trees that are removed in an existing commercial, industrial, or mixed -use development must be replaced in accordance with the original landscaping plan, unless the property owner has obtained City approval for an alternative landscaping plan. If the original landscaping plan is not able to be found, trees identified by the most recent aerial photo of the property will be assumed to be part of the original landscape plan. b. Trees that are removed that were part of a designated tree preservation area must be replaced in accordance with the tree replacement requirements outlined in Lake Elmo Code Section 105.12.470. The thirty percent (3091o) allowable tree removal limit does not apply in these situations. e) Warranty requirement. Any tree installed as a required replacement tree shall have the same two vear warranty requirements as trees required by Lake Elmo Code Section 105 12 480 f) Financial security. In cases where mitigation or tree replacement is required, the City may require that a financial security, in a form acceptable to the City, be provided as part of a development agreement, site improvement agreement or applicable permit to ensure compliance and performance of the Nlmitigation Ppl. The financial security will be released to the applicant upon verification by the City that the Mmitigation Pplan was followed, and that all replacement trees have been installed in accordance with the approved landscaping plan match or exceed approved plan quantities and meet City acceptance requirements to begin the two year landscape warranty.arErplatited-and-ura4eabby The financial security may be used to replace any replacement trees that have bo, ome damaged, are not hea y, or are diseased after planting.do not satisfy the warranty criteria. g) Exceptions. 1) Exception standards. Notwithstanding the City's desire to accomplish tree preservation and protection goals, there may be instances where these goals are in conflict with other City objectives. These conflicts will most likely occur on small, heavily -wooded parcels. The City recognizes there may be instances where it is not practical or reasonable to have an applicant plant the total required replacement trees on the site. The City encouragesnters applicants to have the required number of tree replacements tress planted entirely on the site to the extent this is of was possible. The City will only approve the use of fee -in -lieu of tree replacement or other mitigation methods when all the required tree replacements cannot practically or reasonably occur on the site in the judgement of the City.