§ 156.227  TREE PROTECTION ZONES (TPZ).
   (A)   Minimum protection zone.
      (1)   During the development approval process, a minimum protection zone shall be established around all trees to be saved in accordance with the provisions of this chapter, and erected prior to the start of construction.
      (2)   The area within the protective barricade shall remain free of all building materials, dirt, or other construction materials, debris, vehicles, and development activities.
      (3)   Such protection zone shall consist of a circular area centered around the tree, the diameter of which is equal to one foot for each inch of DBH measurement (except as may be modified by division (A)(6)).
      (4)   This protection zone shall be shown on all site plans, construction plans, sketch plans, preliminary plats, conditional plats, final plats and subsequent recorded plats.
      (5)   Such depiction shall also include an explanation in the appropriate "note" section of the documents of the treatments.
      (6)    Modificat ions to zones.  In situatio ns where strict adherence to this protection zone, as defined above, is impossi ble or unreali stic (due to site condition s, other town require ments, overlap ping tree protecti on zones, size or shape of a tree, and the like), the Depart ment of Plannin g and Develo pment, through field determi nation and consultati on, may allow or require modifications to this zone with potential conditions. Particular consideration should be given to the installation of utilities.
 
 
   (B)   Development activities.  Development activities within the tree protection zone shall be in accordance with the following procedures:
      (1)   Grade changes.
         (a)   Moderate fill may be allowed, upon prior approval of the Department of Planning and Development and with the prior installation of an aeration system.
         (b)   A decrease in grade shall not be allowed.
         (c)   The grade outside the tree protection zone shall only be decreased with the use of approved retaining walls or terracing plans.
         (d)   Drainage shall be addressed where grade changes occur around trees.
 
      (2 )   Utility installation.
         (a)     The installation of utilities, by boring and tunneling through the tree protection zone, may be allowed with prior approval.
         (b)     Trenching will not be allowed within the tree protection zone.
 
      (3)    Impervious surface materials are not allowed within the tree protection zone.
      (4)    Building foundations and other subgrade building elements are not allowed within the tree protection zone.
   (C)   Protective barricades.  Protective barricades shall be placed at the perimeter of the tree protection zone, and shall remain in place until construction activities are complete. Chain link barricades shall be required in all instances for trees 24 inches and greater. All tree protection must be accompanied by “Keep Out” or “Tree Protection Area” signage.
   (D)   Passive tree protection for remote areas. Areas remote from active land disturbance shall utilize passive forms of tree protection during development activities.
      (1)   These areas must be completely surrounded with continuous rope or flagging (heavy mill, minimum two inches wide).
      (2)   All passive tree protection must be accompanied by "Keep Out" or "Tree Protection Area" signage.
 
   ( E)   Clearing within tree protective zone. Clearing within the tree protective zone shall be permitted, provided that it is done by hand tools or gas-powered, push-type or walk-behind equipment designed for brush or undergrowth clearing.
(Ord. 00018, passed 4-11-00; Am. Ord. 00052, passed 9-12-00; Am. Ord. 02024, passed 6-11-02; Am. Ord. 05003, passed 2-8-05; Am. Ord. 11008, passed 2-8-11; Am. Ord. 14047, passed 8-12-14; Am. Ord. 16085, passed 10-11-16; Am. Ord. 18076, passed 11-13-18)  Penalty, § 156.231