907.14  CONSTRUCTION NEAR PUBLIC TREES.
   (a)    For all trees measuring twelve (12) inches DBH or less, soil excavation work or
root cutting shall not occur closer than three (3) feet from the outer bark of the tree.
   (b)    For trees measuring greater than twelve (12) inches DBH, soil excavation work or
root cutting shall not occur closer than a distance equal to the circumference of  the tree measured at a height four feet above ground level or six (6) feet,  whichever is less.
   (c)    Soil excavation work is permitted closer than the distance parameters established
in (a) and (b) above provided all excavation of soil is accomplished by hand shovel, air spade or auger, and no roots greater than two (2) inches in diameter are severed.
   (d)    If lateral roots greater than two (2) inches in diameter are encountered, they shall
be exposed beyond the excavation limits and an attempt shall be made to bend  and relocate the roots without breaking them. If such lateral roots are  encountered immediately adjacent to the location of new construction and  relocation does not appear practical, the Public Works Director or his or her designee shall be contacted.
   (e)    If, after inspection by the Public Works Director or his or her designee, it is determined that the cutting of roots cannot be avoided, the following standards shall be observed. Roots must be cut sharply and cleanly. The wound shall not be painted or treated. All excavated roots shall be backfilled by hand as soon as possible to prevent drying. If immediate backfilling is not possible, roots shall be covered with peat moss or wet burlap and watered. The tree shall be thoroughly watered by providing the equivalent of one (1) inch of water per week for up to
one year at the direction of the Public Works Director or his or her designee.
   (f)    No construction equipment shall be parked and no particulate construction material such as sand, soil or gravel shall be stored on the surface of any unpaved areas within the drip line of any public tree without the express permission of the Public Works Director of his or her designee.
   (g)    If the removal of a public tree cannot be avoided, or if a public tree does not survive due to construction activities, the owner of the facility to be constructed shall obtain a permit as specified in Section 907.06 and shall remove the tree at its expense. Said owner shall also plant, at the owner's sole expense, a replacement tree of a size, type and at a location approved by the Tree Commission.
(Ord. 07-05.  Passed 4-11-05.)