For any type of construction activity being performed within or in close proximity to public rights-of-way and/or easements, an excavation permit shall be obtained from the Parks and Recreation Department and the following shall apply:
(a) For trees measuring 38 inches in circumference (equivalent 12" diameter) or less, soil excavation work or root cutting shall not occur closer than 3 feet from the outer bark of the tree. The circumference of the tree here and elsewhere in these requirements shall be taken two feet above ground level. For multi-stemmed trees, the circumference shall be taken at the narrowest point with the first 2 feet above the ground surface.
(b) For trees measuring greater than 3 inches in circumference, soil excavation work or root cutting shall not occur closer than the distance measured by the circumference of the tree, or a maximum distance of six feet, whichever is less.
(c) Soil excavation work is permitted closer than the distance parameters established under the above two categories, provided all excavation of soil is accomplished by hand shovel or auger, and no roots greater than two inches in diameter are severed.
(d) If there is an inability to perform the requirements established under the aforementioned three situations, the City Arborist shall be called to the tree site to make an inspection and recommendation pertaining to the need to remove the tree. Unless other provisions are specified and in the event removal becomes necessary, trees removed by City of Bryan forces or by the City or by City contract, will be removed and replaced by the City of Bryan, at City cost. Trees required to be removed by private contractors, investor-owned public utility companies, or by others who are permitted to perform maintenance and repair work in public rights-of-way and easement areas, shall remove said trees at their cost and effort and, furthermore, shall replace that tree with a suitable size and variety per the requirements of the City code.
(e) In the event removal of the tree is required by private and public utilities, contractors, and others under life threatening or related emergency situations, removal of the tree(s) is authorized without written City authorization, providing proper follow-up written documentation is provided in accordance with the City of Bryan excavation permit and replacement of the tree(s) are replaced according to the Bryan Municipal Code.
(Ord. 8-2013. Passed 2-18-13.)