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Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 155 <br /> <br />10. Construction Damage to Significant Trees in or Near the Preservation Area. <br /> <br />1. Significant trees which are within thirty (30) feet of the proposed grading limit shall be surveyed by the applicant. <br />Any significant tree that the applicant commits to preserve that is subsequently damaged, during or as the result of <br />construction, shall be replaced by the applicant on a one for one diameter inch basis. <br /> <br />11. Agreement to Replace Trees. <br /> <br />1. The developer or applicant, prior to the approval of, or issuance of a permit for any land alteration in connection <br />with which trees are required to be replaced by the provisions in this Ordinance, shall enter into such written <br />agreements or arrangements with the City of Gem Lake in such form and substance as shall be approved by the <br />City, whereby the applicant shall undertake to comply with the provisions and conditions imposed by this <br />Ordinance and in connection with any such approval or issuance of a per mit and shall further provide that the <br />applicant shall indemnify the City against any loss, cost or expense, including an amount as and for reasonable <br />attorneys' fees incurred in enforcing the terms of such agreement or agreements; and <br /> <br />2. Provide security for the performance of its obligations pursuant to such agreement or agreements. The security may <br />consist of a bond, letter of credit, cash, or escrow deposit, all in such form and substance as shall be approved by <br />the City. <br /> <br />1. The amount of this security shall be $ 1,000 or 150% of the estimated cost to furnish and plant the <br />replacement trees (estimated cost) whichever is greater. The estimated cost shall be at least as much as the <br />reasonable amount charged by nurseries for furnishing and planting of replacement trees. The estimated <br />cost shall be subject to approval by the City, and in the event the estimated cost is not approved, the City <br />shall have the right, in its sole discretion, to determine the escrow amount. <br /> <br />12. Collector and Arterial Roads and Trunk and Lateral Utility Construction. <br /> <br />1. When This Section Applies. This section shall only apply to collector and arterial road and trunk and lateral utility <br />construction projects. All interior roads and utility services will be required to adhere to applicable zoning district <br />thresholds. <br /> <br />2. Road and Utility Construction. Significant trees shall not be destroyed or removed within the right-of-way unless <br />such destruction or removal is absolutely necessary because of engineering, safety, sight distances, or maintenance <br />requirements and acceptable alternate means of construction or alternate routes are not possible. Such reasons must <br />be submitted for review by the City. <br /> <br />3. Reforestation. If the road or utility construction destroys or removes fifty (50%) percent or less of the significant <br />trees or tree cover in the right-of-way, then the person or entity conducting the construction shall not be responsible <br />for reforestation. If, however, more than fifty (50%) percent of the significant trees or tree cover within the <br />easement or right-of-way are destroyed or removed, the person conducting the construction shall be responsible for <br />the following: <br /> <br />1. Filing a landscape bond pursuant to Section 27.11; and <br /> <br />2. Replacement of trees that exceed the fifty (50%) percent threshold shall be in accordance with Section <br />27.9 of this Ordinance. The replacement trees shall be planted on the adjoining setback areas, assuming <br />the adjoining landowners consent. Otherwise, the replacement trees shall be planted at locations as <br />determined by the City. <br /> <br />13. Exceptions to This Ordinance. <br /> <br />1. The requirements of this Ordinance shall not apply to the removal of trees which are dead, diseased, seriously <br />damaged by storm, or other acts of nature. <br /> <br /> <br />14. Tree Replacement. <br /> <br />1. Replacement trees shall be planted not later than 12 months after the date the land alteration has commenced. If the <br />applicant is prevented from performing within this time limit, because of unforeseen circumstances beyond the <br />applicant’s control, the City Forester may extend the time for performance. The applicant shall inform the City <br />Forester when all replacement trees have been planted, at which time the City Forester shall inspect the site.