(A) A person shall not conduct an activity within the critical root zone of any designated preserved tree, including but not limited to placing solvents, building material, construction equipment, or soil deposits.
(B) Before development, land clearing, filling, or any property alteration for which a tree removal permit is required, the developer or builder shall erect and maintain fences around the critical root zone of any designated preserved tree or grouping of trees. Tree protection fences shall have a minimum height of four feet, and shall be constructed of wood, orange snow fencing, or a similar sturdy and durable material staked with metal stakes ten feet on center which will shield and protect trees from any activity, clearing, or land disturbance. Protective barriers shall remain in place until the City Development Department (i) authorizes their removal, (ii) issues a final release for the overall site development, or (iii) issues a certificate of occupancy for a specific building and the barriers are no longer necessary for tree protection in the vicinity of that building, whichever occurs first. Barriers are required for all trees designated to remain, except where large property areas separate from the construction or land clearing area, on which no equipment will be utilized, will be cordoned off.
(C) The permit holder shall allow representatives from the City Development Department or other authorized city representative to enter and inspect the premises during normal hours, including weekends.
(D) If a tree originally identified as a designated preserved tree is removed or excessively damaged to the point that it has died or is at risk to die during construction in violation of an approved tree protection plan, the applicant shall be required to replace the tree. Such replacement trees shall have a minimum caliper of three inches. If the removed or damaged tree is a landmark tree, the applicant shall provide replacement trees with a cumulative caliper equal to the d.b.h. of the removed or damaged landmark tree, or elect to obtain a reinspection of the site by the arborist with the cost to be the responsibility of the applicant.
(1978 Code, § 33-46; Ord. No. 292, § 1, 4-16-91; Ord. No. 292-C, § 8, 5-17-05; Ord. No. 475, § 1, 3-2-21; Ord. No. 487, § 1, 9-6-22)