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FINAL ORDINANCE NO. 08-077
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FINAL ORDINANCE NO. 08-077
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5/19/2026 12:30:01 PM
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a. Installation of snow fencing or polyethylene laminate safety netting placed at the drip <br />tine or at the perimeter of the critical root zone, whichever is greater, of significant <br />trees, specimen trees and significant woodlands to be preserved. No grade change, <br />construction activity, or storage of materials shalt occur within this fenced in area. <br />b. Identification of any oak trees requiring pruning between April 15 and July 1. Any oak <br />trees so pruned shall be required to have any cut areas sealed with an appropriate <br />nontoxic tree wound sealant. <br />c. Prevention of change in soil chemistry due to concrete washout and leakage or spillage <br />of toxic materials, such as fuels or paints. <br />d. Removal of any nuisance trees located in areas to be preserved. <br />12. Compliance with the Tree Preservation Plan. The applicant shall implement the Tree <br />Preservation Plan prior to and during any construction. The tree protection measures shall <br />remain in place until all land disturbance and construction activity is terminated or until a <br />request to remove the tree protection measures is made to, and approved by, the City. <br />a. No significant trees shalt be removed until a tree preservation plan is approved and <br />except in accordance with the approved Tree Preservation Plan. <br />b. The City shall have the right to inspect the development and/or building site in order <br />to determine compliance with the approved Tree Preservation Plan. The City shall <br />determine whether the Tree Preservation Plan has been met. <br />c. Irreparable Damage. Where the City determines that irreparable damage has occurred <br />to a healthy significant tree that is designated to be preserved as part of the Tree <br />Preservation Plan, the tree shall be removed and replaced, and protective fencing shall <br />be provided. <br />D. Specimen Trees. The removal of any specimen trees on a property located in any of the urban <br />zoning districts shall require a special permit and be subject to the Tree Replacement Schedule <br />for the purpose of mitigating great tree toss. <br />Financial Security. In cases where mitigation or tree replacement is required, the City may <br />require that a financial security, in a form acceptabte' to the City, be provided as part of a <br />development agreement or applicable permit to ensure compliance and performance of the <br />Mitigation Plan. The financial security will be released to the applicant upon verification by <br />the City that the Mitigation Plan was followed, and that all replacement trees are planted and <br />in a reasonable state of health. The financial security may be used to replace any replacement <br />trees that have become damaged or diseased after planting. <br />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. At the <br />discretion of the City Council, exceptions may be granted if all of the following conditions <br />exist: <br />a. The subject parcel is five (5) acres in size or less; <br />b. It is not feasible to combine the subject parcel with adjacent parcels that could use <br />the parcel as required green space; <br />c. Strict adherence to the Tree Preservation Ordinance would prevent reasonable <br />development that is consistent with the Comprehensive Plan and desirable to the City <br />on the parcel; and <br />11 <br />
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