§ 152.35 TREES.
   (A)   Valuable large trees shall be preserved whenever possible. Where planting strips are provided with trees, the trees shall not be of a low bushy species that might obstruct vision. Trees or shrubs within a 40-foot radius from intersecting property lines at a street intersection shall not have branches closer to the ground than 8 feet.
   (B)   Street trees having a trunk diameter (measured 12 inches above the ground) of not less than 2 inches shall be planted along all streets where trees do not exist, no more than 40 feet apart. This requirement will be satisfied, and it is preferable, if an equivalent number of trees of the same size are planted in a naturalistic way in the front yards of the abutting lots. Only oak, honey locust, sycamore, Norway maple, ginkgo, little leaf linden, or other long-lived shade trees, acceptable to the plan commission, shall be planted.
   (C)   All Oak, Honey, Locust, Sycamore, Norway Maple, Ginkgo, Little Leaf Linden or other long-lived shade trees six inches or more in diameter, outside the proposed buildable area, on site and in the public right-of-way adjacent to the site, shall be protected from unreasonable damage by the use of acceptable tree protection measures in accordance with a manner approved by the Building Commissioner. Such protection shall remain in place during construction, and removed as authorized by the Building Commissioner at the completion of the construction.
   (D)   All trees on property adjacent to the site that are within ten feet of a property line shared with the site, or that have a critical root zone extending into the site, shall be protected from unreasonable damage by the use of acceptable tree protection measures approved by the Building Commissioner.
   (E)   For purposes of this section, acceptable tree protection measures are those measures designed and implemented to reasonably limit the damage to trees while enabling lawful construction activity consistent with best construction practices as determined by the city. Acceptable tree protection measures include:
      (1)   The installation of tree protection fencing along the perimeter of the critical root zone located within construction site, which shall remain in place during construction and removed only when construction is complete or as authorized by the Building Commissioner. The fencing shall be wood slat fencing, or such other fencing as approved by the Building Commissioner. The proposed location of tree protection fencing shall be shown on the demolition plan, redevelopment plan, or lot improvement plan. Tree protection fencing shall be placed along the perimeter of the critical root zone of each tree to the extent practical. Such fencing shall be contained within the limits of the site and within the limits of the adjacent public parkway. Such fencing shall not encroach on the public streets or sidewalks.
      (2)   Tree protection measures recommended by a professional arborist and approved by the Building Commissioner to reasonably involve the least amount of damage to trees.
('69 Code,App. B,§ 5.6) (Amend. Ord. O-19-05, passed 5-17-05)