§ 150.32  STANDARDS FOR PROTECTING TREES FROM CONSTRUCTION ACTIVITIES.
   (A)   Areas of disturbance identified on each lot in a residential subdivision plan and accompanying proposed development within the net tract area on an approved site plan shall be identified, surveyed, and delineated on the plan and clearly marked in the field by a qualified professional. Any person who extends the disturbance beyond the preapproved limits, without obtaining prior approval from the county, shall be in violation of this subchapter.
   (B)   Before the initiation of any cutting, land clearing, grubbing, or any other construction activity on any site that has an approved FCP, it shall be demonstrated through an on site field inspection by the county to ensure:
      (1)   That measures approved on the plan are appropriate and effective; and
      (2)   That measures have been installed in a manner consistent with the goals, standards, and requirements adopted in this subchapter and the Technical Manual.
   (C)   All installed protective measures including fencing shall remain in place and be maintained in good condition until completion of construction or removal of sediment control devices. Setbacks shall be in accordance with the Technical Manual.
   (D)   Damage occurring to areas of forest or specific trees identified for retention and protection during construction due to a lack of maintenance of protection measures or by persons causing disturbance outside of the designated limits shall constitute violations of this subchapter.
   (E)   Any retained forest and any areas afforested or reforested located on any approved net tract area shall be covered by an approved long-term binding protective agreement consistent with the requirements of the Technical Manual.
(2004 Code, § 115-13)  (Ord. 98-4, passed 11-18-1998; Ord. 02-03, passed 3-14-2002; Ord. 03-04, passed 1-30-2003; Ord. 04-05, passed 4-1-2004)