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7.5.2 The protective fence shall be at least 4 feet in height and made of <br />orange plastic material or approved equivalent. <br />7.5.3 The protective fencing shall be installed prior to any <br />construction/landscaping activity around the tree and be maintained in place during <br />the construction/landscaping activities and removed only when the final <br />construction is completed. <br />R-7.280-G Procedure for Planting and Establishment of Trees by City. <br />1. An applicant may enter into an agreement with the City wherein the City purchases, <br />installs and establishes the street trees and the applicant pays to the City a one-time fee established <br />by the City Manager pursuant to section 2.020 of the Eugene Code, 1971, that is equal to the total <br />cost to the City for the purchase, installation, and establishment of the required street trees. The <br />fees shall be computed in accordance with subsection 2 of this Section. The fee established by the <br />City and paid by the applicant does not equal a "per tree" cost nor obligate the City to plant a <br />specific number of trees. The City fulfills its obligation under the agreement by planting trees in <br />accordance with this Rule and the applicant's Street Tree Plan. The City shall thereafter assume <br />responsibility for the purchase, installation, and establishment of the street trees. <br />2. The fee for street trees shall be established by administrative order of the City <br />Manager pursuant to Section 2.020 of the Eugene Code, 1971. The applicant is not entitled to a <br />refund of any portion of the fee, nor is the applicant required to pay any amount in addition to the <br />one-time fee, based on the number of trees actually planted by the City. <br />3. The City will track lot development, negotiate species with new home owners, plant <br />the new trees, and ensure they become established. The City will be responsible for the <br />replacement of any trees that fail to survive the establishment period. <br />R-7.280-H Foliage - Prohibitions, Trimming, Pruning, or Removal. <br />1. Prohibited Trees. In addition to the requirements of Section 7.280 of the Eugene <br />Code, 1971 and these Rules, no person shall plant, or cause to be planted within the City, any <br />species of tree within the right-of-way of a street, avenue, highway or alley, pedestrian right-of- <br />way or pedestrian easement, which is not listed in or does not meet the matrix elements of the <br />approved street tree species list attached as Appendix A hereto, unless planting of the proposed <br />species is specifically authorized in writing by the City's Urban Forester. Any tree existing within <br />a public right-of-way prior to September 5, 1996, shall be considered an approved tree. <br />2. Pruning or Removal. Except for EWEB when pruning is necessary to protect its <br />lines or crews, no person shall prune a tree growing within the public right-of-way in a manner not <br />in compliance with the standards set forth in Subsection 3 of this Section, which are designed to <br />ensure trees are not pruned in a manner that causes damage to the tree or diminishes its health. <br />Administrative Order - Page 12 of 14 <br />