Common use of Tree Preservation Clause in Contracts

Tree Preservation. A. Before construction, grading, or land clearing begins, the Developer shall visibly mark trees or tree areas that are to be preserved and install city-approved tree protection fencing or other method at the critical root zone of trees to be protected. The location of the fencing shall be in conformance with the approved tree preservation plan. B. The Developer shall pay a fee in lieu of the required replacement trees not installed on the site that shall equal the cost of materials and installation, plus ten percent. The required fee shall be paid prior to the issuance of development permits. C. If a tree that was required to be preserved is removed or damaged so that it is in a state of decline within two growing seasons from the date of the project closure, it must be mitigated at a rate of 2:1, or two caliper inches of trees replaced for every caliper inch of tree removed. The City may use the performance guarantee provided for the Landscape Plan to accomplish this.