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2. No less than seven (7') feet high on ail: other grades. Section 27..10 Construction Damage to Significant Trees in or. Near the Preservation -Area. 27.10.1 Significant trees:.which.are within thirty (30) feet of.the proposed grad! .ng limit shall. be surveyed by the applicant. Any significant tree that the applicantcommits to preserve that is subsequently damaged, during or as the result of construction, shallhe replaced by the. applicant:.on a one for one diameter inch basis. Section 27.11 Agreement to. Replace Trees 27-1.1..1: The developer or applicant, prior to the approval of, or issuance of a permit for any land alteration in.. connectionwith which trees are requited to be replaced by the provisions in this Ordinance;. shall enter into such written agreements or arrangements with the City of Gem Lakein such form and substance as. shall be .approved by the City, whereby the applicant shall undertake to comply with the provisions and conditions.irnaposed..by this Ordinance and in connection with any such approval or issuance of a permit. and shall further provide .that. the applicant sliall:indetnnify the City.against any loss., cost or expense, including an amount as and.forreasoziable attorneys' fees`iancurred in enforcing the terms of such agreement or agreements.; and 27.11.2 Provide security for :the performance of its obligations pursuant to such agreement or agreements. The security may consist of a bond, letter of credit, cash, or escrow deposit; all in. such form and substance as shallhe approved. by the City.. A) The amount of this security shall. be :$. 1,000 or 150% of the estimated cost. to furnish and plant the replacement trees (estimated cost). whichever is greater. The estimated cost s.hali.be avleast as much as the casonable amofiff.,cseries for :furnu ing and planting of replacein; 6 sh e°subject `Ci , and 'o approval by t}3e;t9 have e;fight; r'=i(i:sole. discretz "to deter Scction2712 Collector rid'Ait l A. anc :Trunk and. L, 1 When n'Ys 5ecti n'9Applies.:<` 01 only apply. to collecto faHdt arb&_W road and and.utilityisc vkcs will be req e�d''to adhere to 27.12,2 Road and Utility. Construction. 'the es ated .cost is not utility cons r . stTict thzcs trios. Significant trees shall not be destroyed. or .removed within the right-of-way .unless. such destr .ctionox removal is absolutely. necessary. because of engineering; safety, sight distances; or maintenance requirements .and acceptable alternate. means of construction or alternate routes. are .not possible. Such reasons must lie submitted £or review by the City. 27.12.3 Reforestation. if the road or utility construction.. destroys or removes fifty (50°/0) petcent.ar less of the significant trees or tree cover in the.xight-of-way; then the person or. entity conducting the construction shall -not be responsible for -reforestation. If, however, more than fifty (50.9/0) percent of .the significant trees.. or tree cover within the easement or right-of-way ate: destroyed or removed; the person conducting the construction shall be responsible for the following - A) Filing a landscape bond pursuant to Section 27.11.; and Ii} Ttepiacementof trees that exceed the fifty (50'%) percent. threshold shaft .be'in accordance with Section 27.9of this. Ordinance. The replacement trees shrill be planted on: the. ad)oining. setback areas, assunling'the adioiiiing:landowners consent. Otheriwise,. the replacement trees. shall be. planted at locations as determined, by the City:: Section.27.13 Exceptions. to This .Ordinance Updated June 5,. 2QI7 Gem Lake Consolidated Land Use Ordinance—Page.150