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b. Placement of utilities in common trenches outside of the drip line of significant and specimen trees or use <br />of tunneled utility installation. <br /> <br />c. Use of tree root aeration, fertilization, or irrigation systems. <br /> <br />13) Compliance with the tTree pPreservation pPlan. The applicant shall implement the Tree Preservation Plan and <br />receive confirmation of acceptance from the City’s Landscape Architect prior to the start of and during any grading or <br />construction activities. The tree protection measures shall remain in place until all grading, and construction activity is <br />terminated or until a request to remove the tree protection measures is made to, and approved by, the City . <br />a. No significant trees shall be removed until the Tree Preservation Plan is approved by the City and except <br />in accordance with the approved Tree Preservation Plan. <br />b. If an applicant damages or removes a significant tree that is intended to be preserved to the point that <br />City staff believes the tree will not survive, the applicant must remit to the City a cash mitigation, <br />calculated per diameter inch of the removed or d amaged tree in the amount set forth in the City fee <br />schedule. <br />c. The City shall have the right to inspect the site in order to determine compliance with the approved Tree <br />Preservation Plan. The cCity shall determine whether the Tree Preservation Plan has been met prior to <br />the release of any financial security obtained for tree preservation . <br />d. Instances where a significant tree is removed due to new development, redevelopment, new construction <br />activity or were disturbed, and the removal was not noted on the landscaping or tree removal plan will <br />result in a one-to-one replacement penalty regardless of if the removal is over the thirty percent (30%) <br />allowance. <br /> <br />d) Tree protection standards for non-developing properties. <br /> <br />1) Existing developed commercial, industrial, and mixed-use properties. <br /> <br />a. Trees that are removed in an existing commercial, industrial, or mixed -use development must be <br />replaced in accordance with the original landscaping plan, unless the property owner has obtained City <br />approval for an alternative landscaping plan. If the original landscaping plan is not able to be found, <br />trees identified by the most recent aerial photo of the property will be assumed to be part of the original <br />landscape plan. <br /> <br />b. Trees that are removed that were part of a designated tree preservation area must be replaced in <br />accordance with the tree replacement requirements outlined in Lake Elmo Code Section 105.12.470. The <br />thirty percent (30%) allowable tree removal limit does not apply in these situations. <br /> <br />e) Warranty requirement. Any tree installed as a required replacement tree shall have the same two year warranty requirements <br />as trees required by Lake Elmo Code Section 105.12.480 <br />f) Financial security. In cases where mitigation or tree replacement is required, the City may require that a financial security, in <br />a form acceptable to the City, be provided as part of a development agreement, site improvement agreement or applicable <br />permit to ensure compliance and performance of the Mmitigation Pplan. The financial security will be released to the <br />applicant upon verification by the City that the Mmitigation Pplan was followed, and that all replacement trees have been <br />installed in accordance with the approved landscaping plan, match or exceed approved plan quantities, and meet City <br />acceptance requirements to begin the two year landscape warranty.are planted and are healthy The financial security may be <br />used to replace any replacement trees that have become damaged, are not healthy, or are diseased after planting.do not satisfy <br />the warranty criteria. <br />g) Exceptions. <br />1) Exception standards. Notwithstanding the City's desire to accomplish tree preservation and protection goals, there <br />may be instances where these goals are in conflict with other City objectives. These conflicts will most likely occur <br />on small, heavily-wooded parcels. The City recognizes there may be instances where it is not practical or <br />reasonable to have an applicant plant the total required replacement trees on the site. The City encou ragesnters <br />applicants to have the required number of tree replacements tress planted entirely on the site to the extent this is of <br />as much as possible. The City will only approve the use of fee-in-lieu of tree replacement or other mitigation <br />methods when all the required tree replacements cannot practically or reasonably occur on the site in the judgement <br />of the City. <br />