(A) Protective fencing. The owner shall be responsible for the construction, erection, and maintenance of temporary fencing or other physical barrier around the tree preservation areas so that all protected trees shall be preserved. The fencing or other protective barrier must be located a distance from the trunk that equals, at a minimum, the distance of the critical root zone or 15 feet whichever is greater, unless otherwise approved by the Planning Director or designee. The fencing or other physical barrier must remain in place and be secured in an upright position during the entire construction period to prevent impingement of construction vehicles, materials, spoils, and equipment into or upon the tree preservation area. Tree protection signs, available from the Division of Planning, must be located along the fencing. Any change in the protective fencing must be approved by the Planning Director.
(B) Tree preservation plan. The approved tree preservation plan shall be available on the building site before work commences and at all times during construction of the project. The owner shall be responsible for notifying all contractors and utilities involved with a given project of the tree preservation plan.
(C) Construction measures. During all phases of construction, all steps necessary to prevent the destruction or damage to protected trees (other than those specified to be removed) shall be taken, including but not limited to the following:
(1) No construction activity, movement and/or placement of equipment, vehicles, or materials or spoils storage shall be permitted within the tree preservation area. No excess soil, additional fill, liquids, or construction debris shall be placed within the critical root zone of any tree that is to be preserved;
(2) All required protective fencing or other physical barrier must be in place around the tree preservation area and approved by the city prior to the beginning of construction, including site clearing. The fencing or other protective barrier must be located a distance from the trunk that equals, at a minimum, the distance of the critical root zone or 15 feet, whichever is greater, unless otherwise approved by the Planning Director or designee. The fencing or other physical barrier must remain in place and be secured in an upright position during the entire construction period to prevent impingement of construction vehicles, materials, spoils, and equipment into or upon the tree preservation area. Any change in the protective fencing must be approved by the Planning Director;
(3) No attachments, including but not limited to ropes, nails, advertising posters, signs, fences or wires (other than those approved for bracing, guying or wrapping) shall be attached to any trees;
(4) No gaseous liquids or solid substances which are harmful to trees shall be permitted within the tree preservation area;
(5) No fire or heat shall be permitted within the tree preservation area;
(6) Unless otherwise authorized by the tree removal permit, no soil is to be removed from or placed upon the critical root zone of any tree that is to remain; and
(7) All utilities, including service lines, shall be installed in accordance with the tree preservation plan. Public utilities which have been notified of the tree preservation plan in accordance with § 153.142(B)(3) herein shall be responsible for adhering to said tree preservation plan during installation of necessary utility service lines. Every effort shall be made to protect existing protected trees during the placement of utility service lines including augering and/or jacking as opposed to open cutting as appropriate.
(D) Compliance. It shall be unlawful for any person, firm or corporation, including public utilities, to fail to abide by the terms of any tree preservation plan or tree removal permit issued by the city. If, in the opinion of the city, the necessary precautions as specified in the tree preservation plan were not undertaken before construction commenced or are not maintained at any time during construction, a stop work order will be issued by the city until such time as the permittee complies with these precautions.
(Ord. 95-96, passed 10-5-98) Penalty, see § 153.999