A. Fence, Frame Or Box: All trees, shrubs, perennials, turf, etc., on Village-owned property near any excavation or construction of any building structure or street work shall have the asset and root zones guarded with a good substantial fence, frame, or box not less than four feet (4') high and eight feet (8') square, or at a distance in feet from the tree equal to the caliper of the trunk in inches, whichever is greater, and all building material, dirt or other debris shall be kept outside the barrier.
FIGURE 8A
B. Excavating: No person shall excavate any ditches, tunnels, trenches, or lay any drive within a radius of ten feet (10') from any public tree without first obtaining a written permit.
C. Passage Of Water, Air And Fertilizer: No person shall deposit, place, store or maintain upon any public place of the Municipality, any stone, brick, sand, concrete or other materials which may impede the free passage of water, air and fertilizer to the roots of any tree, shrub, perennial, turf, etc., growing therein, except by written permit.
D. Root Zone Protection - Ten Inches Or Less: Trees ten inches (10") or less in diameter must have root zone protection of a minimum of five feet (5') from the center of the tree. Establish tree diameter at a point of four and a half feet (4.5') above ground.
E. Root Zone Protection - Eleven Inches To Nineteen Inches: Trees between eleven inches (11") and nineteen inches (19") in diameter must have root zone protection of a minimum of ten feet (10') from the center of the tree. Establish tree diameter at a point of four and a half feet (4.5') above ground.
F. Root Zone Protection - Greater Than Twenty Inches: Trees greater than twenty inches (20") in diameter must have root zone protection of a minimum of fifteen feet (15') from the center of the tree. Establish tree diameter at a point of four and a half feet (4.5') above ground.
G. Crossing Outside The Root Protection Zone: When construction equipment is permitted to cross the parkway or right-of-way outside the root protection zone, including dumpster delivery on private property, the parkway must be protected with a maintained six inch (6") layer of wood chips or mulch, or one inch (1") layer of plywood or similar approved material sufficient to protect the entire parkway where equipment crosses. Before any equipment crosses the parkway, an inspection of the protective layer will be done by the Director of Public Works or their designee (Village forester, horticulturalist, etc.).
H. Final Inspection: Prior to removal of the root zone protection or prior to any required parkway landscape restoration, a final inspection of the parkway is required by the Director of Public Works or their designee (Village forester, horticulturalist, etc.).
I. Proper Root Pruning: If construction activity is to occur within the root zone of existing parkway or right-of-way trees, root pruning and/or special care will be required. A certified arborist from the Village must administer, supervise or sign off on any treatments. All required root pruning must be completed prior to delivery of any materials or equipment, excavation or actual work begins.
1. An approved root pruning mechanical device that cuts to a minimum depth of eighteen inches (18") is mandatory for any excavation that occurs in the parkway or right-of-way within the drip line of a Village-owned tree.
2. Root pruning must occur no more than six inches (6") outside the limits of excavation and be continuous within the drip line of the tree. For excavations bisecting the parkway or right-of- way such as utility connections, the root pruning cut also must bisect the parkway corresponding to the length of the excavation.
3. Root pruning must be to the depth of four inches (4") below the lowest point of excavation up to a maximum depth of twenty four inches (24").
4. Once excavation begins, if any roots greater than one inch (1") in diameter are encountered below twenty four inches (24") depth, the root must be trimmed flush with a sharp saw to eliminate any ragged edges.
5. Root pruning can occur no earlier than one month prior to excavation beginning.
6. Root pruning trench must be backfilled within forty eight (48) hours of excavation.
J. Violations Of Construction/Protection Regulations: Whoever violates this section, in addition to any other fines, or fees, shall be subject to the following provisions:
1. Fines: First offense, five hundred dollars ($500.00); second offense, one thousand dollars ($1,000.00); third and subsequent offense, two thousand five hundred dollars ($2,500.00).
2. Appraised Value: If catastrophic injury is incurred or the aesthetics of the tree are deemed poor from damage, then the appraised value fine will be put into effect.
3. Lien: If the entity or person cannot pay the fines and fees, a lien shall be placed against their property. (Ord. 32-2019, 5-28-2019)