§ 152.299  TREE PROTECTION DURING CONSTRUCTION.
   (A)   No person, in the construction of any structure(s) or improvement(s) or any activity, shall encroach or place solvents, material, construction machinery or temporary soil deposits within six feet of the area outside of the drip line, as defined in this chapter, of any monumental tree or any tree within a tree protection zone.
   (B)   (1)   Before development, land clearing, filling or any land alteration, the developer shall be required to erect suitable protective barriers as required by the Ordinance Administrator, including tree fences, tree protection signs and erosion barriers until completion of site landscaping.
      (2)   Authorization to remove the protective devices shall be in writing by the Ordinance Administrator.
      (3)   Inspection of tree protection barriers is required prior to any land disturbance or development.
      (4)   The Ordinance Administrator shall be contacted to schedule an inspection time.
   (C)   (1)   Materials for active tree protection shall consist of chain link, orange laminated plastic, wooden post and rail fencing or other equivalent restraining material.
      (2)   In addition to fencing, where active tree protection is required, each tree to be saved shall be marked at the base of the trunk with blue colored water-based paint.
   (D)   Materials for passive tree protection shall consist of heavy mil plastic flagging, a minimum of four inches wide with dark letters reading “Tree Protection Area - Do Not Enter” or equivalent signage of a continuous, durable restraint.
   (E)   All tree protection devices must remain in functioning condition until the certificate of occupancy is issued and must be removed promptly thereafter.
(Ord. passed 3-5-2018)  Penalty, see § 152.999