§ 98.006 PROTECTION OF TREES DURING BUILDING OPERATIONS; REMOVAL OF PROTECTIVE DEVICE.
   (A)   Protection of trees during building operations. 
      (1)   Unless otherwise authorized by the Public Works Superintendent, no soil is to be removed or added within the critical root zone area of any tree. Unless otherwise authorized by the Public Works Superintendent, no construction activity, movement and/or placement of equipment, vehicles, material, spoils, excess soil, additional fill, liquids, or construction debris shall be placed within the critical root zone. During the erection, alteration, repair, demolition or removal of any building or structure, or excavation in connection therewith, the owner of the affected property shall place or cause to be placed around each nearby public tree protective fencing sufficient to prevent injury to the trunk, crown and root system of each such tree. Appropriate protective fencing shall be temporarily installed at the periphery of the tree’s critical root zone. All fencing must be secured to metal posts driven into the ground no further than ten feet apart. The entire parkway must be fenced and maintained for the period of the construction.
      (2)   No fencing may be installed without permission from the Public Works Superintendent or the Building Department based on best practices or the advice of the City Arborist, who shall first determine that the devices will not injure the tree. Such permission shall specify the manner of erecting or installing protective fencing.
   (B)   Removal of protective fencing. No person shall remove any permitted fencing intended for the support or protection of a public tree without a permit issued by the Building Department.
(Prior Code, § 98.020) (Ord. 94-301, passed 8-9-1994; Ord. 2017-005, passed 2-27-2017; Ord. 2023-039, passed 9-26-2023) Penalty, see§ 98.064