Section 15.28.070   Tree Preservation and Protection Plan
   A.   Tree protection plan required.  Any person who applies for a building permit to construct any building, structure or addition under the provisions of Title 15 of this code, shall submit a tree protection plan for the subject property along with the other permit application documents required under Section 15.32.050 of this code.
   B.   Contents of tree protection plan.  The tree protection plan shall be a site plan that meets the requirements of Section 15.32.050 (I) and shall serve as a reference for all inspections and regulated activity during construction.
      1.   All tree protection plans shall accurately show the following:
         a.   the location, species, DBH and critical root zones of all protected trees on the subject property, adjacent rights-of-way, and all properties within fifteen (15) feet of the lot lines;
         b.   the location and type of protective fencing to be placed on the lot and adjacent rights-of-way;
         c.   the location of critical root zone areas and the types and locations of protection to be provided  to minimize damage to tree roots in such areas, such as wood chips and exterior plywood;
         d.   a description of other required tree preservation procedures, such as root pruning, crown pruning, and the like;
         e.   the location, shape, and spatial arrangement of all temporary and permanent driveways, parking areas, and temporary material storage sites and access ways; and
         f.   the location of any new utility services, including water, sanitary sewer, storm sewer, gas, electric, telephone, and cable television or any modification to existing utility services, that may impact existing private or public trees.
      2.   If a grading plan is required by some other provision of this code, the tree protection plan shall also depict the existing and proposed grading of the development area, showing elevations with contour lines at one-foot intervals.
      3.   The Director may require the applicant to provide any additional information the Director deems necessary to determine whether the tree protection plan complies with the requirements and the stated policy and purpose of this chapter.
   C.   Tree Protection Procedures Prior to Construction. New construction can lead to tree loss or loss of vigor if root damage or encroachment occurs. In order to protect tree root zones and maximize available space for tree roots, the following procedures shall be adhered to during the project planning and design period:
      1.   Planning and Design. Project and development plans should be developed so that areas of demolition or construction activity are situated so as to avoid, to the greatest extent possible, damage to or removal of any Protected Tree. Consideration shall be given to the use of various building methods that minimize tree disturbance, including, but not limited to:
         a.   Cantilever construction in order to minimize foundation excavations
         b.   Minimizing grade changes or designing grades in such a way as to minimize root damage or compaction
         c.   Use of materials other than concrete or asphalt for patios, driveways, sidewalks or other surfaces, in order to allow maximum air and water penetration to tree roots.
      2.   Notification to Adjacent Property Owners.  Prior to the issuance of any building permit for construction work which would change the footprint of the structure, the Village shall issue written notice of the intended construction work to the occupants and taxpayers of record of any adjacent parcel of property that contains a Protected Tree within fifteen (15) feet of the property line.  The applicant shall compile and deliver to the Village the list of such taxpayers of record, which shall consist of the names and addresses of all persons to whom the latest real estate tax bills were sent for such properties.  The failure of any person on the service list to receive such written notice shall not invalidate, impair or otherwise affect any action subsequently taken by the Village in issuing and administering the permits for the proposed construction work.
   D.   Tree Protection Procedures During Construction.  Prior to the issuance of a building permit, the Director shall determine tree preservation procedures for protected trees on the subject property and on any adjacent private or public property within 15 feet of lot lines.  The Director shall note the tree preservation procedures on the tree protection plan and shall indicate how long the procedures must remain in effect.  The tree preservation procedures shall include, but are not limited to, the requirements set forth in the following paragraphs.
      1.   Protective fencing.  In areas where vehicular traffic and material storage is not necessary, protective fencing shall be installed around protected trees and critical root areas.  The protective fencing and the areas it encloses shall be subject to the following standards:
         a.   The owner and the owner's general contractor shall be jointly responsible for requesting an inspection of the protective fencing required by the tree protection plan, and no other construction activity shall be permitted unless and until the Director has inspected and approved the protective fencing.
         b.   The protective fencing shall not be moved or removed without the prior inspection and written approval of the Director.
         c.   All protective fencing shall be wire mesh or welded wire fencing six (6) feet high with steel or wooden posts installed and spaced no more than eight (8) feet apart and securely anchored.
         d.   The protective fencing shall extend to the drip line of the tree, but in no case shall fencing be less than a radius of ten (10) feet  from protected trees with a DBH of up to eighteen (18) inches, and no less than a radius of fifteen (15) feet from trees with a DBH of more than eighteen (18) inches.
         e.   Protective fencing must be properly maintained in an erect position at all times, as approved by the Director.  During construction and until completion, the area within the fencing shall be a no-use area, in which all construction activities such as the movement and placement of equipment or material, and the storage of spoils is prohibited; provided that, nothing herein shall relieve the owner of the responsibility to keep the construction site, including the no-use area, free from litter and overgrowth.
      2.   Protection of tree limbs, tree trunks and critical root zones.  Tree limbs, tree trunks and critical root zones shall be protected in areas where vehicular traffic, material storage or similar activity is necessary.  Examples of such protection include, but are not limited the following:
         a.   tree branch pruning by a certified arborist to minimize damage prior to construction activity caused by heavy equipment or vehicular traffic;
         b.   root pruning by a certified arborist prior to excavation activities, with the root pruning at a depth of eighteen (18) to twenty-four (24) inches below grade and located twelve (12) inches behind the excavation line;
         c.   bridging to minimize compaction of tree roots in critical root zones, which shall consist of, but not be limited to, applying eight (8) inches of wood chips in the critical root zone or covering the critical root zone with sheets of exterior plywood that is at least 3/4-inch thick; and
         d.   protecting tree trunks with wood planks, which shall measure 2'x4', 2'x6', or 1'x6', shall be erected vertically and continuously around the tree trunk, and shall be fastened in place with metal wires or banding.
      3.   Underground utilities.  Where the only available route for underground utilities runs through a critical root zone, all such utilities shall be installed by auguring rather than by open trench methods.
         a.   Commencement of auguring shall begin at a distance from the tree's base  of at least one (1) foot for every one (1) inch of DBH, up to a maximum distance of twenty (20) feet from the tree's base.  The same minimum distance shall also apply to the auguring exit.
         b.   The auguring shall be done at least 24 inches below the soil surface.
      4.   The owner and the owner's general contractor shall be jointly responsible for requesting an inspection of underground utility work, and no other construction activity shall be permitted unless and until the Director has inspected and approved such work.
      5.   Grade changes within the drip line of a protected tree, such as filling or lowering, are prohibited unless approved by the Director.
      6.   In addition to complying with the various yard setback requirements of the Zoning Ordinance, all buildings and other structures shall be located on a lot or parcel of land so as to minimize damage to and/or removal of protected trees.
   E.   Tree Protection Procedures Following Construction. In order to maximize the long-term survivability and growth of Protected Trees on a construction site, the Director may require post-construction measures to be undertaken on a construction site prior to final inspection or closeout of a building permit. The measures to be taken may include, but are not limited to, the following:
      1.   Root aeration to remediate soil compaction around the root systems of Protected Trees. This work may only be performed by a certified arborist.
      2.   Fertilization, to provide existing Protected Tree(s) with nutrients and trace elements to promote healthy growth. Fertilization may be accomplished by root injection feeding, spraying, or topical application, and shall not apply to newly planted trees.
      3.   Pruning or trimming of Protected Trees in accordance with national standards to promote healthy growth and remove diseased or dead branches.  Pruning undertaken pursuant to this section shall be performed by a certified arborist.
      4.   Mulching, to provide a protective, moisture-retaining layer around the base of a tree, to help assure healthy growth.
      5.   Any additional measures deemed necessary by the Director to assure the continued health of Protected Trees on the subject property.
(MC-5-2006, Amended, 12/19/2006; MC-4-2005, Amended, 09/06/2005)