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� 1105 Ferndale Road West,Orono, MN ; - . May 22, 2013 � � Page 2 Resolution as Exhibit C as annotated by Staff. The submitted Landscape Plan was used as Exhibit C and has not been revised since approval of Resolution 6118. d. Applicants shall not place any plastic or fabric liner material under any landscaping on the property to ensure their permeability as non-hardcover surfaces. The Landscape Plan should be revised to add notes accordingly. e. Council approval is based on the Grading and Floodplain Mitigation Plan submitted by the Applicants and annotated by Ci�y staff, attached to this Resolution as Exhibit B. Any amendments to these plans may require further Planning Commission and City Council review. The submitted Grading and Floodplain Mitigation Plan was used as Exhibit B and has not been revised since approval of Resolution 6118. f. Submittal of MCWD permit for floodplain alteration/mitigation shall be submitted to the City prior to the issuance of a building permit. The Applicants will also rzeed a MCWD permit for erosion corztrol,and a copy of all required permits should be submitted prior to issuance of the building permit. g. The home plans submitted are for the parpose of hardcover review. The construction plans and survey submitted for building permit will be reviewed for conformance with Orono's building height and number of stories calculation. Review of home plans for conformarcce with height and number of stories calculation will be performed by the Building Department. h. Authorities granted by this resolution run wilh the Property not with the Applicants,but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variances and conditional use permit will expire on that date (February 27, 2013). The Applicartts have requested and been granted an extension by the City. i. Violation of or non-conformance with any of the terms and conditions of this Resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. j. The undersigned Owner and Applicants have read, understood and hereby agree to the terms of this Resolution and on behalf of their heirs, successars and assigns, hereby agree to the recording of this Resolution in the chain of title of the property. 2. Since this project will disturb the majority of the lot and is located directly adjacent to Lake Minnetonka, it is recommended that a financial security of$5,000 for erosion control and engineering oversight be required of the Applicants. The financial security is intended to provide protection in the event that it becomes necessary far the City to install or maintain erosion and sediment control within the project area and covers the cost of turf re-establishment if the applicant is unable to follow through with the conditions of approval. 3. Perimeter erosion control devices (siltfence, rock construction entrance, and inlet protection) should be inspected by the City prior to any land disturbing activities to ensure compliance with the erosion control depicted on the Grading and Floodplain Mitigation Plan. 4. Tree protection fencing should be installed at the outside edge of the drip zone for trees to be saved, and the fencing should be inspected by the City prior to any land disturbing activities to ensure compliance with the locations depicted on the Landscape Plan. The areas requiring tree protection depicted on the Landscape Plan do not correspond with the Grading and Floodplain Mitigation Plan. The Landscape Plan should be revised to add fence installation notes accordingly, and the Grading and Floodplain Mitigation Plan should be revised to correspond with protection areas depicted on the Landscape Plan. 5. Inlet protection should be placed on the proposed yard drain after installation and removed only after permanent site stabilization. The Grading and Floodplain Mitigation Plan should be revised accordingly.