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event the weather is not conducive to tree or planting sod in the boulevard at the time <br />of Certificate of Occupancy, the Building Permit holder shall place a cash deposit in <br />the amount of $300.00 for trees and $300.00 for sod in an escrow account with the <br />CITY and upon verification of the planting being accomplished, said cash deposit <br />shall be refunded to the Building Permit holder. Failure of the Builder to comply <br />with the planting requirement wittfin a reasonable time frame following a <br />determination by the CITY that weather conditions are conducive to planting shall <br />give the CITY authority to cause the planting, the cost of which shall be charged to <br />the escrow account and the Builder shall not be eligible for a refund of the cash <br />deposit made for this purpose. <br /> <br />20. Tree Disease Prevention and Disposal. The DEVELOPER shall prevent the introduction <br /> and spread of tree disease into the residual tree populations of the Plat and adjoining <br /> properties as well as mitigate the effects of construction activity on tree health, within and <br /> outside of the Plat. The DEVELOPER, in order to prptect trees from construction damage <br /> shall: <br /> <br />a) Install physical barriers, such as snow fence, around trees that are to remain after <br /> initial grading. The fencing shall be located at the dripline of these 'save' trees. <br /> <br />b) <br /> <br />Insure that all equipment operators will have readily available, a tree wound dressing <br />and will apply it immediately to damaged oak trees if wounding occurs from April 15 <br />through July 15. <br /> <br />Insure that trees will only-be skidded against other trees that are to be removed. <br />Trees in the middle twenty (20) feet of a road easement will be removed first, with <br />remaining trees to be skidded toward the middle of the road easement. This same <br />procedure will apply to building sites. <br /> <br />d) <br /> <br />Mature trees, especially oak and elm, adjoining an easement so that roots enter the <br />disturbed construction area shall first be severed by a vibratory plow to prevent <br />shattering, scraping and exposure of roots of high value trees on adjoining property. <br />All exposed root zones of adjoining properties shall be immediately covered with <br />clean topsoil and moistened to favorable conditions. <br /> <br />e) <br /> <br />Recognized trees of value, suitable for tree spade removal that would otherwise be <br />destroyed, shall be identified with ribbon and offered to the CITY at least five (5) <br />business days prior to destruction. <br /> <br />-278- <br /> <br />Tree wood removed during construction, road building and sewer/water installation <br />shall be buried, burned, chipped or hauled to a licensed wood disposal site. Wood <br />waste disposal must take into account tree disease control, especially for oak wilt and <br />Dutch Elm disease. The CITY will perform a site inspection to ascertain tree disease <br />hazards (including root damage and grade changes) prior to construction in order to <br />minimize impact on trees to be protected within or outside of the Plat. Wood waste <br /> Brookfield Second Addition <br /> Development Agreement <br /> Page 8 of 11 <br /> <br /> <br />