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Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 152 SECTION 27. TREE PRESERVATION 1. Purpose. 1. The purpose of this Section is to preserve and protect the unique natural environment of the City of Gem Lake and provide for minimal tree loss and mitigation of tree removal in wooded areas of the City. It also provides for protection of natural barriers provided by trees or shrubs along the borders of our city, along major roads and between differing land uses. 2. Tree cover and natural barriers are beneficial in terms of aesthetics, screening, cooling, wildlife habitat protection, watershed control, air quality enhancements, erosion control and preservation and enhancement of property values. Land alteration that causes destruction of trees or shrubs diminishes and impairs the public health, safety and general welfare. The intention of this Section is to provide regulations relating to the cutting and removal of trees in areas where the natural vegetation or topography are to be altered. 2. Severability. 1. It is the intention of the City Council that the several provisions of this Section are severable and that if any court of competent jurisdiction shall adjudge any provisions of this Section or application thereof to be invalid, such judgment shall not affect any other provisions or this Section not specifically included in such judgment. 3. Interaction between This Section and Other Sections. 1. In the event of conflicting requirements imposed by this Section or by other Ordinances of the City of Gem Lake, the more restrictive provisions shall apply. 4. Wording of This Section. 1. Words used in the present tense include the past and future tense; the singular includes the plural; and the plural includes the singular. The word "shall" is mandatory and the "may" is permissive. The masculine gender includes the feminine. 5. Definitions. The definitions used in this section are now listed in Appendix A of The Consolidated Land Use Ordinance. 6. Protection Standards. 1. No land alteration shall occur until the City finds that the planned land alteration complies with the following: 1. Maximum Possible Preservation. All land alteration shall be conducted so that the maximum amount of woodland and natural screening and barriers are preserved by the clustering of structures wherever possible, or by the use of other appropriate methods. Measures shall be taken to protect and preserve all trees and shrubs in the preservation area as described. 2. Protection of Root Zones. Grading, contouring, paving and any excavation or trenching shall not detrimentally affect the aeration or permeability of the root zone in the preservation area. 7. Data Submission. 1. The applicant shall submit data to the City, at the time of a preliminary plat submission or whenever land alteration (as described in this Ordinance) is planned, that outlines the conformance to this Ordinance. This submission shall include: 1. The name and address of the person preparing the plan and applying for a permit to do this alteration; and 2. The name and address of the person who owns the land that is to be altered; and 3. The estimated period of time within which this land alteration will be conducted; and 4. A topographical map of the land on which the proposed land alteration is to occur having a scale of one inch equals 100 feet and showing the ground elevation contours at two foot intervals. The map shall also show: