A. Responsibility. During any development activity (including demolition activity) on a lot or site containing trees to be retained for credit towards reforestation requirements or to be credited towards requirements in Section 5.6, Landscaping, the landowner or developer shall be responsible for protecting existing trees to be retained in accordance with the standards in this section.
B. Protective Fencing and Signage.
1. Protective Fencing.
a. Continuous fencing consisting of a bright orange plastic mesh at least four feet high shall be provided along the driplines of trees to be retained for credit towards any Ordinance requirements (see Figure 5.9.5: Tree Protection Devices).
b. Retained trees that are inaccessible to development activities or separated from all development activities by a distance of at least 300 linear feet are exempted from the requirement for tree protection fencing.
2. Warning Signage.
a. Warning signs shall be installed along any required tree protective fencing.
b. The signs shall be clearly visible from all sides around the outside of the fenced-in area.
c. The size of each sign must be a minimum of two feet by two feet.
d. The sign message shall, in both English and Spanish, identify the fenced or marked area as a tree protection area and direct construction workers not to encroach into the area (e.g., "Tree Protection Area: Do Not Enter"). For the purposes of this Ordinance, these warning signs are considered government signs exempted from First Amendment protections regarding regulation of sign content.
C. Duration of Protective Fencing and Signage. Required protective fencing and signage shall be erected before any grading or other development activity begins and shall be maintained until issuance of a certificate of occupancy following completion of all development in the immediate area of the fencing or signage.
D. Tree Protection Requirements.
1. No development activity—including grade changes, the operation or parking of heavy equipment, or the washing down of concrete or cement handling equipment, or the storage of fuel, chemicals, materials, supplies, or construction waste and debris—shall be allowed within areas surrounded by tree protection fencing.
2. No structures or hard surfaces shall be located within areas surrounded by tree protection fencing.
3. Retaining walls and drywells may be used to protect trees to be preserved from severe grade changes if venting adequate to allow air and water to reach tree roots is provided through any fill.
E. Damage or Death of a Protected Tree. If a violation of this section occurs and a protected tree is removed or dies within two years after a certificate of occupancy is granted for that portion of a development where the tree is or was located, then the landowner, owners' association, or occupancy permit recipient, or their successor, as
appropriate, shall be required to install replacement trees at the rate necessary to re-establish the tree canopy coverage requirements.
(Ord. 2020-36, passed 12-2-2019)