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the escrow account and the Builder shall not be eligible fur a refund of the cash <br />deposit made for this purpose. <br /> <br />19. Tree Disease Prevention and Disposal. The DEVELOPER shall prevent the introduction <br /> aud 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 protect trees from construction damage <br /> St'Lal[: <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 tire dripline of these 'save' trees. <br /> <br />b) <br /> <br />Iusure ti]at all equipment operators will have readily available, a tree wound dressing <br />and will apply it immediately to damaged oak trees if worn, ding occurs from April 15 <br />through July 15.. <br /> <br />c) <br /> <br />Insure that trees will only be skidded against other trees that are to be removed. <br />'frees in the middle twenty (20) feet of a road easement will be removed first, with <br />rcmainh]g 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 tire <br />disrorbcd 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 />Ail 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 fbr tree spade removal that would otherwise be <br />destroyed, shah be identified with ribbon and offered to the CITY at least five (5) <br />business days prior to destruction. <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 inspect/on 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 />disposal by fire must also manage air quality impact and smoke nuisance to adjoining <br />property owners as well as fire safety concerns. <br /> <br />g) <br /> <br />Whole trees may not be disposed of by burning. Trunks and limbs larger than six (6) <br />inches in diameter must be salvaged for lumber, firewood, chipped or hauled to a <br />licensed wood disposal site. Application may be made for an open burning permit to <br />dispose of brush less than six (6) inches in diameter and stumps with less than four <br /> <br /> Rttm ~iver Meadows <br /> Development Agreement <br /> Page,8 qf ]2 <br /> <br />-143- <br /> <br /> <br />