1165.08 TREE PROTECTION DURING CONSTRUCTION.
   (a)   Protected Trees. All existing trees and woodlands that are to remain on the site after construction shall be protected from destruction or damage according to the following regulations, and are hereinafter known as protected trees.
   (b)   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 fifteen (15) feet whichever is greater, unless otherwise approved by the Planning Commission. 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 must be located along the fencing. Any change in the protective fencing must be approved by the Planning Commission.
   (c)   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.
   (d)   Construction Measures. During all phases of construction, all steps necessary to prevent the destruction or damage to protected trees 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 in accordance with the approved tree preservation plan prior to the beginning of construction, including site clearing. 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.
      (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. 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.
         (Ord. 2016-07-24. Passed 8-3-16.)