A. Plan Required: If a regulated activity includes construction activity, the applicant must, in addition to the tree replacement plan, submit a tree protection plan with the tree permit application.
B. Construction Activity Area: The construction activity area is the area of the subject property that is the smallest area reasonably needed to undertake the proposed construction activity as determined by the village forester. The construction activity area must include the entire area affected by the proposed construction activity and must also include any access route across the public right of way and the private tree preservation area. Construction activity must not be conducted or staged in any area of the subject property located outside the construction activity area. No excess soil, additional fill, liquids, or any construction debris may be placed or located outside the construction activity area. Any temporary buildings, structures, and driveways constructed for or associated with the construction activity must be located so as to reasonably involve the least amount of damage or removal of trees, but must nevertheless be consistent with minimum building setback requirements of this title.
C. Contents Of Plan: A tree protection plan must consist of a site plan of the subject property upon which the information described in this subsection must be graphically and accurately marked.
1. Location of the subject property, including street address and legal description.
2. Existing and proposed contours of the lot on which the construction activity is to take place.
3. Existing and proposed buildings or structures on the lot.
4. Proposed building elevations, if applicable.
5. Proposed work access areas and routes.
6. The name of the general contractor or project representative, if any, responsible for the proposed construction activity.
7. A demonstration of the ways in which the applicant will ensure that the tree protection required by this section will be achieved.
8. A tree inventory for the subject property, consisting of a list of the following trees, identified by tag number: a) all the existing protected trees on the subject property; b) all trees on adjacent properties that are within ten feet (10') of the property line or that have a critical root zone extending into the subject property; and c) all public trees adjacent to the subject property or that may be impacted by any regulated activity. The tree inventory must list, without limitation, the following data for each tree: tag number, species, size in dbh, condition rating, form rating, and any observed problems.
9. A tree survey for the subject property, which depicts the location and tag number of each tree described in the tree inventory. The tree survey must include, without limitation, a legend referencing the tag number, dbh, species, general condition, and proposed disposition of existing protected trees located on or near the subject property and trees other than protected trees that are reasonably likely to be damaged or removed during the construction activity. The tree survey must also depict the planned location of all proposed trees to be planted or replanted on or near the subject property pursuant to the tree replacement plan.
10. An action plan for the subject property, consisting of a listing of the trees on the subject property, in chart form, that identifies each tree by tag number and shows, for each tree, the following information: species, size in dbh, condition, form, percent of critical root zone saved, and the anticipated damage, removal, tree protection measures, or other action to be taken regarding each tree.
11. Detailed specifications for maintenance and protection of protected trees and for the maintenance and protection of trees other than protected trees that are reasonably likely to be damaged or removed during implementation of the proposed construction activity, including, without limitation, proposed measures such as construction pruning, root pruning, critical root zone protection, installation of a retaining wall or high visibility fencing, and auguring of utility lines when auguring is determined by the village forester to be necessary to improve the chances of tree survival.
12. Detailed specifications for tree protection fencing on the subject property, to be placed at a minimum: a) along the property frontage from property line to property line to completely separate the construction activity area; and b) around the critical root zone of each protected tree. These specifications must also include the identification and clear delineation on the site plan of the construction activity area and the tree protection area and their respective perimeters.
D. Protection Area: The tree protection area is the area of the subject property not included in the construction activity area. No construction activity may be conducted in the tree protection area. All reasonable measures and protective materials must be employed to preserve and safeguard trees located within the tree protection area. Protective materials must include, without limitation, the temporary installation of high visibility fencing or other similar materials in the sizes and at the locations specifically approved by the village forester. All protective measures and materials must be in place and approved by the village forester prior to the commencement of any construction activity. Protective materials may not be removed until the village forester approves the removal after the completion of all construction activity. No attachments, fences, or wires, other than those approved for bracing, guying, or wrapping, may be attached to any protected tree during the construction activity.
E. Stop Work Order:
1. If the protective measures and materials required by this section, or any other related measures or materials otherwise required by this chapter, are not fully implemented and completely constructed prior to commencement of construction activity, the village forester or the building commissioner may issue a stop work order until the applicant fully complies with the requirements of this chapter.
2. If protective measures and materials constructed and employed on the subject property are not adequately maintained in a manner that protects protected trees and the tree protection area, the village forester may issue a stop work order until the measures and materials are repaired, restored, and constructed to the satisfaction of the village forester. (Ord. 2008-22, 9-9-2008)