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Saratoga sets this security at 25 percent of the appraised value of the protected trees near your work, and it jumps to 100 percent if you dig into the inner half of a tree's protection zone. On a lot with mature oaks or redwoods that can be a large number, and a bond keeps it from sitting in a City account for the whole build.
Saratoga Municipal Code Section 15-50.080(d) requires a tree protection security deposit or bond when a project encroaches on one or more protected trees. The amount is 25 percent of the ISA appraised value of the trees involved, or 100 percent where work reaches the inner half of the tree protection zone or the affected trees are all slated for removal. It must be in place before the Building Division issues permits.
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The amount comes from an ISA Certified Arborist's appraisal using the Trunk Formula Method in the ISA Guide for Plant Appraisal. For retained trees, the minimum is 25 percent of the appraised value of each affected tree. It rises to 100 percent of appraised value for any tree where work is proposed within the inner half of the tree protection zone, as defined in the ISA best management practices for managing trees during construction. If all of the affected trees are proposed for removal, the minimum is 100 percent of their total appraised value.
The City's Tree Protection Plan sheet requires the security when work is proposed within 5 feet of the dripline of a protected tree, or when a protected tree is proposed for removal. Protected trees include native trees of 6 inches DBH or more, other trees of 10 inches DBH or more, street trees and heritage trees of any size, and trees required as a condition of approval or as replacements.
Under Section 15-50.140, no grading or site improvement permits issue until the Tree Preservation Plan is approved and protection measures pass City inspection. The security must be posted before Building Division permits are issued and stays in place through construction. It is refunded after completion and final approval by the City Arborist if the plan was followed. If trees are damaged or lost and the remedy cannot be made on site, the City takes payment from the deposit or bond first.
The City may also require a maintenance bond or security deposit of at least five years to make sure affected or replacement trees are cared for long term. Code Section 15-50.020 defines bond or security deposit to include an irrevocable letter of credit or cash, so confirm with the Community Development Department that a surety bond is acceptable on your project before it is written.
It is 25 percent of the ISA appraised value of each affected tree, rising to 100 percent for trees where work reaches the inner half of the protection zone or where all affected trees are being removed.
Work within 5 feet of the dripline of a protected tree, or a proposal to remove a protected tree, under Municipal Code 15-50.080(d) and the City's Tree Protection Plan sheet.
After the project is complete and the City Arborist confirms the tree protection plan was followed. Any penalty or replacement cost is taken first.
The surety looks at the bond amount, the applicant's credit and finances, and how long the bond is likely to stay open.
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