A. Purpose: The purpose of a tree protection plan is to ensure that measures are taken during construction activities to reduce the potential for damage to trees by equipment or otherwise, including root loss, grade changes, trenching, compaction over the root zone, and any other adverse impact that could lead to tree decline, failure, and/or a hazard to public safety.
B. Definitions:
dbh: Diameter at breast height, deemed to be four and one-half feet (41/2') above existing grade.
GRAND SCALE TREE: A tree measuring a minimum of twenty inches (20") in diameter when measured at four and one-half feet (41/2') above existing grade, or a tree measuring a minimum of forty five feet (45') in height above existing grade regardless of diameter located within twenty feet (20') of a public street.
PROTECTIVE FENCING: A high visibility four foot (4') high mesh plastic construction fencing with posts spaced at intervals no farther than six feet (6') apart.
TREE PROTECTION ZONE: That area around a tree prescribed by a circle centered on the tree with a radius equal to one foot (1') for every one inch (1") of tree diameter (dbh), as shown in the diagram below.
URBAN FORESTRY COORDINATOR: See definition at section 12.36.015 of this chapter.
C. When Required: A tree protection plan, prepared by a developer or contractor, shall be required for:
1. All projects where a FAR bonus is sought for the preservation of one or more grand scale trees on private property; or
2. Construction activities within the tree protection zone of any public tree.
D. Procedures:
1. Information Required: At the earliest possible time in the planning/design process, but in no event after the commencement of work in a tree protection zone, the developer or contractor shall provide the following to the coordinator:
a. The address of the project;
b. The location, dbh, and general condition of the grand scale tree or trees to be retained and any public trees within which tree protection zones construction activities may occur;
c. The location of development footprints, including buildings, utilities, irrigation, and streets, indicating how they relate to tree protection zones with distances noted;
d. Any possible encroachment, such as grade changes, trenching, or construction activities in or near any tree protection zone;
e. The identification of any proposed cuts to roots inside a tree protection zone; and
f. A proposed tree protection plan.
2. On Site Meetings And Inspections:
a. Within seven (7) days of providing the information required in subsection D1 of this section, the developer and contractor shall meet with the coordinator on site to inspect trees to discuss the potential of retention and their current condition.
b. After a tree protection plan has been submitted to the coordinator, the developer and contractor shall meet with the coordinator to verify distances in the plan and to discuss any needed revisions to the plan.
c. The coordinator may, from time to time during the project, conduct random inspections for the purpose of ensuring that preservation measures are being followed. The developer and/or contractor shall assure access to the site upon receipt of the notice.
d. Upon completion of the project, at the time a certificate of occupancy is requested, the coordinator shall make a final inspection of the trees potentially affected by the construction and may make a report to the urban forestry committee with recommendations to address any potential issue with the trees affected.
E. Contents Of Tree Protection Plan:
1. The developer or contractor's tree protection plan shall contain the following provisions:
a. An acknowledgement that no equipment, project materials, or other items are to be used or stored in the tree protection zone;
b. If the entire "tree protection zone", as defined in this section, is not feasible due to site conditions, the amount of encroachment into the tree protection zone proposed, provided that the coordinator may only allow encroachment of up to twenty five percent (25%) of the tree protection zone and no closer to the tree than one-half (1/2) of the tree protection zone radius. Any work or access within the tree protection zone, as shown in the tree protection detail, must be predetermined and approved. Allowances for access into the tree protection zone may be made for tunneling or handwork as approved by the urban forestry coordinator;
c. An acknowledgement that no dumping or washing out shall be allowed in the tree protection zone;
d. Agreement that protective fencing shall be installed around the tree protection zone for the duration of construction activities;
e. A description of the location of where four (4) signs approved by the urban forestry committee, identifying the tree protection zone, shall be placed on the protective fencing;
f. A description of the wood chip mulch which shall be placed within the tree protection zone during construction activities to avoid compaction and to retain water, no less than two inches (2") in depth within the protection zone, and four to six inches (4 - 6") in depth in any approved encroachment area; and
g. A description of the plan for watering the public trees and grand scale trees from April 1 through October 31, with a minimum of regular watering weekly of at least one inch (1") over the area in order to maintain adequate soil moisture to eighteen inches (18"). The actual amount of water is to be determined based upon soil conditions, tree species, and ANSI A300 standard.
2. The urban forestry coordinator shall review the tree protection plan and may require amendments or deletions to the plan as may be consistent with good urban forestry practices and standards, and shall issue an approval, denial, or approval with conditions to the plan. If the proposed plan is denied or approved with conditions, a revised tree protection plan must be submitted to the coordinator within seven (7) days. In no event may construction activities be commenced until a tree protection plan is approved.
F. Appeals:
1. Any person aggrieved by a decision of the coordinator may appeal to the urban forestry committee by filing a written notice of appeal with the city clerk within ten (10) business days of the decision from which the appeal is taken. The notice shall state the reason(s) the appellant believes the decision of the coordinator was contrary to the law or the facts.
2. The city clerk shall notify the appellant of the time and place of the hearing.
3. For good cause shown, the urban forestry committee may affirm or reverse the decision of the coordinator, or it may reverse and impose reasonable conditions to assure compliance with this chapter.
G. Violations; Penalties:
1. Any violation of this section which results in damage to or destruction of a public tree shall be a misdemeanor, punishable as provided in section 1.28.010 of this code.
2. In addition to any criminal penalty, any person violating a provision of this section which results in damage to or destruction of a public tree shall be liable for restitution in the amount of the appraised value of the tree damaged or destroyed. The appraised value of the tree shall be calculated by the coordinator as of the beginning of the project in accordance with the Council Of Trees And Landscape Appraisers "Guide For Plant Appraisal". Any restitution shall be paid before a certificate of occupancy may be issued. (Ord. 3566, 2017)