Agenda - Environmental Policy Board - 04/17/2023

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Subd. 10 Amendments to the tree preservation/reforestation plan. Atree preservation plan and reforestation plan may be amended after it has been approved. The Zoning Administrator shall have authority to approve amendments, except that a change resulting in removal of more than ten percent of the significant tree inches that were shown as preserved on a City Council approved tree preservation plan shall require further review, and approval, by the City Council. As part of any amendment to a tree preservation plan, the required reforestation and/or restitution shall be increased or reduced as appropriate. Requests for amendments shall be submitted prior removal of any trees shown as preserved on the approved plan. Subd. 11 Financial Guarantee. Following the approval of the tree preservation plan, but prior to issuance of a grading permit or building permit if no grading permit is required, the developer shall provide financial guarantee, as follows: (1) A cash escrow or letter of credit to guarantee the tree preservation plan, and the reforestation plan if applicable. (2) The financial guarantee shall be calculated as follows: 25% of the total significant trees to be preserved that are located within 15 feet of disturbance zones multiplied by $125 per tree inch, plus 120% of the total tree inches required by the reforestation plan (if applicable). The amount of the financial guarantee shall be maintained at the calculated level until: a. All trees on the site (preserved and new reforestation trees) have survived two winter seasons (winter season is defined as the period between October 31 through April 30 for the purposes of this section) after site grading and tree planning has finished; and b. The city has inspected the site and authorized a reduction or release of the financial guarantee. This guarantee may be used to replace trees which were shown as protect and removed during the course of construction/development. Subd. 12 Inspection and Enforcement of the Tree Preservation Plan Prior to removal of any trees and prior to issuance of a grading permit, or prior to commencement of any grading operations if no grading permit is required, or prior to issuance of a building permit if no grading operations are required, all sites shall be staked and fenced for tree preservation pursuant to the approved tree preservation plan. A copy of the approved tree preservation plan shall be submitted with an application for a grading permit, or with an application for a building permit if no grading permit is required. Such tree preservation plan shall also indicate any reforestation trees to be planted on the site. No permits shall be issued, nor shall any grading operations commence, without first receiving authorization by City Staff. Tree protection fencing shall remain in place until inspections have been finalized and the certificate of occupancy is ready for issuance for the building on the site. (Ord. 2006-04, passed - -2006; Am. Ord. 2014-04, passed 3-25-2014; Am. Ord. 2016-19, passed 8- 24-2016; Am. Ord. 2018-14, passed 5-23-2018; Am. Ord. 2019-12, passed 8-22-2019)