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-172- <br /> <br />10. <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 />Tree wood removed during construction, road building and sewer/water instal[ati°n <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 />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. Applicationmay 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 />feet of main trunks attached. The location of the proposed open burn site will be <br />specified by the CITY. Wood disposal by burning requires whole tree volume <br />reduction, proposed site inspection prior to clearing and an open burning permit. <br />Residual ash and unburned stumpage may be buried on the site at the approval.of the <br />CITY. Chipped material may be applied and utilized on site to mitigate root damage <br />from grade changes or used in the right-of-way for erosion control and top soil. <br />restoration. <br /> <br />SECTION IV · <br />GENERAL <br /> <br />DumPing of Garbage. The DEVELOPER shall' adhere to Section 5.11 of the Ramsey <br />City Code, which section Regulates the Dumping of Garbage, Site Development and <br />Construction Debris. <br /> <br />Reimbursement to City. The DEVELOPER agree to reimburse the CITY for all costs <br />incurred by the CITY in defense or enforcement of this Agreement, or any portion <br />thereof, including court costs and reasonable engineering and attorney's fees. Said <br />expenses shall be paid within fifteen (15)days of billing by the CITY and failure to pay <br />the CITY'S expenses within the fifteen (1.5) day billing period will permit the CITY to <br />draw upon any of the escrows required by this Agreement for payment. <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />! <br />I <br />I <br />I <br /> <br /> <br />