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A Guide To Developing A Community Tree Preservation Ordinance Page 6 of 8 replacement trees,this approach fails to mitigate the environmental effect of mature tree loss A variety of replacement strategies are possible including: 1 ■ requiring developers to set aside wooded areas as preserves; ■ sliding scales; ■ percentage replacement; ■ off-site reforestation; ■ flexible no-net loss formulas. Each approach has its advantages and disadvantages-none is perfect.When replacement of trees is included in an ordinance,the questions,"why,how much,and where?"need to be primary considerations.The intent of a tree preservation ordinance should be to provide incentives for unique and creative project designs that complement the woodlands ani replace excessive tree loss. Implementation The uniform and unbiased implementation of any ordinance can fail if some precautions are not observed.Those who are charged with implementation must be able to do so without bia: or prejudice(avoiding politics).The ordinance should be easy to read and understand for everyone, including the developer,the staff,the elected officials, and the citizens of the community,or frustration and mistrust may develop. Incentives Developing an ordinance which creates incentives is a positive way to achieve compliance. Examples include the preserved trees being credited to the landscaping typically required on a project.Also,a protected woodlot may be dedicated to the community in lieu of park dedication requirements. Enforcement Most ordinances contain provisions for enforcement and penalties for violations should they occur during the construction process.Enforcement usually involves an inspection process, and,when violations occur,the developer may be held accountable by one of several methods: ■ withholding of occupancy permits until the problem is corrected; ■ loss of money in the form of a bond that was posted prior to the start of construction; ■ fines; ■ stoppage of the project if violations are extreme. Some developers have been taken to court,losing their case and required to reimburse thousands of dollars related to the tree loss.Some ordinances require the violator to make reparations to the community by donating trees to be planted on public property. In some instances, an ordinance will cover the loss of trees through bonding for several year: to protect against tree loss due to construction injury.These ordinances usually have a decreasing bond clause which reduces the amount of money each year upon determination http://www.mnstac.org/RFC/preservationordguide.htm 11/14/2007