11-9-9: CONSTRUCTION ACTIVITY:
   A.   Tree Protection Fencing:
      1.   Location: Prior to the issuance of any grading, utility, building, fence or demolition permits, tree protection fencing shall be erected on the site consistent with the approved site plan and generally at a point not to exceed twenty feet (20') beyond the foundation walls of all buildings and five feet (5') from the edge of hardscape surfaces. The fence, once erected, on the site, shall remain in place, in a full upright position, until all construction activity on the site is completed, the site is ready for the final landscape grading, and removal of the fence has been approved by the village engineer.
      2.   Type: Tree protection fencing shall be wood, plastic or chainlink fencing. The fence shall be four feet (4') in height with steel supporting posts eight feet to ten feet (8' to 10') on center. The posts shall be driven into the ground to hold the fence in an upright position throughout construction on the site. Based on the review of the site plan, a chainlink fence may be required by the village engineer in situations where construction activity must occur in areas that are close to trees or areas to be preserved.
   B.   Location Of Utilities: A series of wood stakes, extending no less than three feet (3') above the ground, shall be used to identify the path of each utility. A ribbon will be attached to the top of the stake using colors consistent with JULIE guidelines.
      1.   Augering: The augering of utilities shall be required and specified on the approved fencing plan where utility locations have the potential to materially damage trees eight inches (8") DBH or larger or clusters of six (6) or more trees at least four inches (4") DBH.
   C.   Site Inspections And Approvals; Tree Fencing And Utility Locations: At any time that an inspection occurs and tree protection fencing is not properly installed or utilities are not properly located and staked, a reinspection fee of five hundred dollars ($500.00) will be assessed for each follow up inspection until the site is adequately fenced and the utilities are properly located and staked.
   D.   Site Clearing: Following review and approval of the site plan and fencing, and the issuance of a demolition or building permit, the lot may be cleared of trees within the approved construction and driveway areas. The removal shall occur by use of manual saws, chain saws and stump grinders only. No other equipment shall be used for removal of trees without the prior written approval of the village engineer.
   E.   Excavation: If there is insufficient cleared area on the site, as determined by the village engineer, to store the soil from excavation until it is needed for backfilling without impacting trees identified for protection, the soil shall be temporarily removed from the construction site until the backfilling is to occur.
   F.   Finished Grade: Fill materials used to establish finished grade in accordance with the approved grading plan shall be top quality black soil. Fill materials shall not be permitted around the trunk of a tree. To this end, a tree well equal to or greater than the critical root zone of the tree is needed to protect the tree from fill materials. Adequate drainage shall be provided in each tree well to prevent the collection of water. (Ord. 04-01, 2-17-2004)