(A) Required actions.
(1) Home builders shall furnish the following items for tree preservation at the time the building permit application is submitted for all lots with at least one significant tree identified for preservation in a subdivision tree preservation plan.
(a) A tree preservation plan with the elements described in division (C) below of this chapter. The individual lot tree preservation plan shall be certified by a forester or landscape architect and signed by the homebuilder or homeowner.
(b) A financial security in an amount determined by the City Council, and adopted by ordinance, shall be required for tree protection requirements for each lot or outlot with at least one significant tree to be saved and each lot that is a custom graded lot.
(2) Builders shall be liable for their subcontractors that destroy or damage significant trees that were indicated to be saved on the individual lot tree preservation plan.
(3) Tree protection measures shall remain in place until all grading and construction ability is terminated.
(4) Site grading for individual lots shall comply with the final grading plan of the plat and shall not result in the flooding of tree preservation areas.
(B) Prohibited actions.
(1) No soil disturbance shall occur within the lot until the tree preservation plan is approved and tree protection measures are in place.
(2) Pruning of oak trees shall not take place from April 15 through July 1. If wounding of oak trees occurs, a non-toxic tree wound dressing must be applied immediately. Excavators shall have a non-toxic tree wound dressing with them on the development site.
(3) Builders, contractors or others working on site shall not fill, stockpile materials or store equipment or vehicles against the trunk of the tree, in the critical root zone, or under the drip line of a tree to be saved.
(C) Tree preservation plan.
(1) On mass graded lots with at least one significant tree to be saved, home builders are required to follow the tree preservation plan for the plat.
(2) For each custom graded lot with at least one significant tree, the home builder shall submit an individual lot tree preservation plan. The plan shall be consistent with the original tree preservation plan for the plat. The homeowner and/or home builder, forester or landscape architect shall meet with city staff prior to the development of the individual lot tree preservation plan to determine the placement of the home where the fewest significant trees would be destroyed or damaged. The home builder shall be responsible for ensuring the tree preservation plan is followed during building construction.
(3) The tree preservation plan shall be prepared and incorporated on the certificate of survey for a building permit and shall include the following:
(a) Size, species and location of all significant trees, specimen trees and significant tree stands including significant trees with drip lines or critical root zones extending over the lot line of an adjoining lot;
(b) Identification of all significant trees proposed to be saved and significant trees proposed to be removed, including significant trees with drip lines or critical root zones extending over the lot line of an adjoining lot;
(c) Location of snow fencing or polyethylene laminar safety netting placed at the drip line or critical root zones;
(d) Installation of signage at all tree protection areas that instructs workers to stay out;
(e) Erosion control methods; and
(f) Measures proposed to protect significant trees including but not limited to:
1. Tree removal procedures including directional felling away from existing trees to be saved and trenching to separate root system prior to bulldozing trees or stumps;
2. Coordination of utility planning with tree preservation plan to strategically extend utility connections from the street to the house in a manner that protects trees intended to be saved; and
3. Measures for preventing changes in soil chemistry due to concrete wash out and leakage or spillage of toxic materials such as fuels or paints.
(g) Creation of a temporary access road when temporary site access through a significant tree stand or a critical root zone of a significant tree to be saved is necessary that meets the following standards.
1. The temporary access road shall be routed in a manner that is least disruptive to the significant tree stand per the approval of the Zoning Administrator.
2. Temporary access roads shall not exceed 25 feet in width and shall be delineated by snow fencing or safety fencing.
3. An eight inch deep cover of wood chip mulch shall be placed over the temporary access road to cushion the critical root zones from compaction.
(4) The Zoning Administrator shall monitor the tree protection measures at the time of routing inspections.
(5) If tree replacement is required on the individual lot because the builder destroyed or damaged a tree which was to be saved, the forester or landscape architect in conjunction with the property owner shall determine where the replacement trees shall be installed. Tree replacement shall be consistent with § 151.149 of this chapter.
(6) Prior to the issuance of a certificate of occupancy and release of tree preservation security, the forester or landscape architect shall certify to the city in writing the final disposition of saved trees on the lot and that all the tree protection measures identified on the tree preservation plan were installed from the start of construction to the end of construction and tree replacement is completed, if necessary.
(Prior Code, § 12-9-4) (Ord. 259, passed 5-4-2006)