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8 <br /> <br />a. No significant trees shall be removed until the Tree Preservation Plan is approved by the <br />City and except 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 <br />the point that City staff believes the tree will not survive, the applicant must remit to the <br />City a cash mitigation, calculated per diameter inch of the removed or d amaged tree in <br />the amount set forth in the City fee schedule. <br />c. The City shall have the right to inspect the site in order to determine compliance with the <br />approved Tree Preservation Plan. The cCity shall determine whether the Tree <br />Preservation Plan has been met prior to the release of any financial security obtained for <br />tree preservation. <br />d. Instances where a significant tree is removed due to new development, redevelopment, <br />new construction activity or were disturbed, and the removal was not noted on the <br />landscaping or tree removal plan will result in a one -to-one replacement penalty <br />regardless of if the removal is over the thirty percent (30%) 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 <br />must be replaced in accordance with the original landscaping plan, unless the property <br />owner has obtained City approval for an alternative landscaping plan. If the origi nal <br />landscaping plan is not able to be found, trees identified by the most recent aerial photo <br />of the property will be assumed to be part of the original landscape plan. <br /> <br />b. Trees that are removed that were part of a designated tree preservation area must be <br />replaced in accordance with the tree replacement requirements outlined in Lake Elmo <br />Code Section 105.12.470. The thirty percent (30%) allowable tree removal limit does not <br />apply in these situations. <br /> <br />e) Warranty requirement. Any tree installed as a required replacement tree shall have the same two year <br />warranty requirements 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 <br />financial security, in a form acceptable to the City, be provided as part of a development agreement, site <br />improvement agreement or applicable permit to ensure compliance and performance of the Mmitigation <br />Pplan. The financial security will be released to the applicant upon verification by the City that the <br />Mmitigation Pplan was followed, and that all replacement trees have been installed in accordance with the <br />approved landscaping plan, match or exceed approved plan quantities, and meet City acceptance <br />requirements to begin the two year landscape warranty.are planted and are healthy The financial security may <br />be used to replace any replacement trees that have become damaged, are not healthy, or are diseased after <br />planting.do not satisfy the warranty criteria. <br />g) Exceptions. <br />1) Exception standards. Notwithstanding the City's desire to accomplish tree preservation and <br />protection goals, there may be instances where these goals are in conflict with other City <br />objectives. These conflicts will most likely occur on small, heavily -wooded parcels. The City <br />recognizes there may be instances where it is not practical or reasonable to have an applicant plant <br />the total required replacement trees on the site. The City encouragesnters applicants to have the <br />required number of tree replacements tress planted entirely on the site to the extent this is of as <br />much as possible. The City will only approve the use of fee -in-lieu of tree replacement or other <br />mitigation methods when all the required tree replacements cannot practically or reasonably occur <br />on the site in the judgement of the City. <br /> <br />Applicants may ask the City to approve exceptions to the City's tree preservation and replacement <br />standards. The City Council may grant exceptions if all of the following conditions exist: