1335.06 TREE PROTECTION AND PLANTING REQUIREMENTS.
   The following guidelines and standards shall apply to trees proposed to be retained for credit toward meeting the minimum required tree density standard on a property.
   (a)   Tree Protection Areas. The root system within the dripline is generally considered to be the critical root zone. To protect these critical root zones, a tree protection area shall be established around each tree or group of trees to be retained.
      (1)   The Tree Protection Area shall include no less than the total area beneath the tree canopy as defined by the dripline of the tree or group of trees collectively.
      (2)   Layout of the project site utility and grading plan shall avoid disturbance of the Tree Protection Area.
      (3)   Construction site activities such as parking, material storage, concrete washout, burnhole placement, etc., shall be arranged so as to prevent disturbance within the Tree Protection Areas.
   (b)   Protective Barriers.
      (1)   Protective tree fencing, staking or continuous ribbon shall be installed between Tree Protection Areas and areas proposed to be cleared, graded or otherwise disturbed on the site, prior to any land disturbance.
      (2)   All Tree Protection Areas are recommended to be designated as such with “tree save area” signs posted in addition to the required protective fencing, staking or continuous ribbon. Signs requesting sub-contractor cooperation and compliance with tree protection standards are recommended on site entrances.
      (3)   All Tree Protection Areas must be protected for soil sedimentation intrusion through the use of silt screens or other acceptable measures placed upslope from the Tree Protection Area.
      (4)   All protective tree fencing, staking or continuous ribbon, and all erosion control barriers must be installed prior to and maintained throughout the land disturbance and construction process, and should not be removed until final landscaping is installed.
   (c)   Encroachment. If encroachment into a Tree Protection Area occurs which causes irreparable damage to the trees, the Tree Protection Plan shall be revised to compensate for the loss. Under no circumstances shall the developer be relieved of responsibility for compliance with the provisions of this chapter, nor shall planned revision activities stop the Administrator from instituting action for this violation of this chapter.
   (d)   New Tree Planting. New trees proposed to be planted for credit toward meeting the minimum required tree density standard in a property shall comply with the following guidelines and standards.
      (1)   The spacing of new trees must be compatible with special site limitations and with responsible consideration toward species size when mature.
      (2)   Species selected for planting must be ecologically compatible with the specifically intended growth site. Standards for transplanting shall be in keeping with those established by the International Society of Arboriculture, latest publication.
      (3)   Trees selected for planting must be free from injury, pest, disease, nutritional disorders, or root defects, and must be of good vigor, so as to assure reasonable expectation of survivability.
      (4)   In the event that new trees proposed to be planted to achieve the tree density standard are not installed upon application for Certificate of Occupancy or for final plan approval, then a performance bond or other acceptable surety in an amount equal to 110% of the value of the new trees and their installation shall be posted with the Administrator.
      (5)   Upon final installation of new trees planted under the requirements of this chapter, and following acceptance by the Planning and Zoning Department, the owner shall warrant the trees and provide for the replacement of those units which do not survive for a period of no less than one year from acceptance.
   (e)   Planting Locations and Specifications. Trees shall be planted in accordance with the standard specification of the City of Harrison:
      (1)   Large shade tree species shall be staggered alternatively on each side of the street or portion of street not less than 75 feet apart or more than 90 feet apart, except in instances where such plantings will interfere with fire hydrants, utility poles, driveways or utility structures. Type I trees shall not be planted under overhead telephone or electric wires.
      (2)   Ornamental and flowering tree species (Type III) shall be staggered alternately on each side of the street not less than 40 feet apart or more than 60 feet apart except under conditions described in subsection (e)(1) above.
      (3)   No tree shall be planted closer than 3-1/2 feet from curbs or future curbs, ten feet from fire hydrants, 20 feet from street lights and five feet from driveways or meter boxes. At least two trees are to be planted at corner lots, one on each street and these trees shall be set back a minimum of 25 feet from intersections.
   (f)   Replacements. Replacements required after inspection at the completion of planting or at the end of the guarantee period shall be trees on the same kind, size and quality as originally indicated. The cost of labor and materials for the installation of these replacements shall be borne by the developer.
   (g)   Other Plantings. All other plantings within the right of way, with the exception of turf or ground covers not exceeding 12 inches in height, shall have the approval of the Planning Commission prior to any planting. Trees other than those to be planted in a new subdivision shall be planted according to the provisions of this chapter. Trees planted must be from the approved lists.
   (h)   Zoning Department Publications. The following shall be kept by the Planning and Zoning Department and made conveniently available to the developer and the public:
      (1)    List of shade trees;
      (2)   Planting guides; and
      (3)    Procedures for inspection.
          (Ord. 14-05. Passed 5-3-05.)