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Construction may occur on any Lot, so long as construction does not result in the removal of <br />any tree not permitted to be removed under this declaration. <br />Notice must be provided to the City's Planning Division for tree removals and replanting <br />approved by the Architectural Control Committee involving discretionary trees without a <br />building permit application, trees outside a discretionary zone or hazardous trees. Such notice <br />shall include documentation of the Architectural Control Committee's approval and any related <br />plans or written recommendations from a certified arborist. <br />Notwithstanding any other provision in this declaration, this paragraph addresses the allowable <br />activities in the area of protected trees. The primary intent is to preserve all protected trees from <br />damage. A secondary intent is to maintain a considerable amount of open space in The Summit <br />to serve as a wildlife corridor. No Owner shall conduct any landscaping (including any fencing) <br />without the prior written approval of the landscape or fence plan by the Architectural Control <br />Committee. A Certified Arborist must sign off on the landscape or fence plan confirming that <br />the protected trees are very likely to survive the landscaping, fencing, irrigation, or other <br />proposed activity. Lot perimeter fencing is not allowed. Fencing of a portion of the Property <br />may be allowed by the Architectural Control Committee for valid reasons stated by the Owner <br />such as garden, pool, pets, children, or the like. In general, fencing covering less than 50 <br />percent of lot space will be considered an acceptable portion of the Property, absent valid <br />reasons otherwise. No fencing or other landscaping will be allowed which will damage <br />protected trees or significantly detract from the open spaces intended to exist and serve as <br />wildlife corridors. No fencing shall be allowed within the 75 -foot BPA easement on the <br />westerly side of Lots 1, 2, 3, 4, 5 and 7, nor shall there be any other type of improvement which <br />could limit access to the trail corridor (i.e., gardens, landscaping, accessory structure, etc.). <br />SECTION 4. BARRIER FENCE. During any construction or logging upon any Lot, a <br />barrier fence shall be constructed in such a fashion as to protect Parcels A and B and other Lots. <br />SECTION 5. HOME SITES. As indicated in Section 3, above, all homes and other <br />structures must be constructed upon any Lot in such a way as not cause the "removal" of any <br />tree which is not permitted to be removed on that Lot by the provisions of Section 3, above. <br />The building plans for individual homes submitted to the City of Eugene shall include a <br />statement that a landscape architect or certified arborist has reviewed and approved the siting of <br />the home so as to ensure protection of all trees not permitted to be removed under Section 3, <br />above. <br />SECTION 6. STREET TREES. In order to compensate for tree loss and canopy <br />reduction that will result from this development, street trees shall be planted and established in <br />the public rights of way according to a plan that is submitted to and approved by the City of <br />Eugene's Office of Urban Forestry. Based upon a Street Tree Planting Agreement between the <br />Developer and the City, the street tree planting shall be as follows: <br />a. The City of Eugene Public Works Parks and Open Spaces Division is responsible for <br />providing and planting street trees within this development. <br />3 <br />