§ 114-72. Protection during development and construction.

(a)

It shall be unlawful for any person, during the construction of any structure or other improvement, to place solvents, material, construction machinery or temporary soil deposits within the dripline of any tree which is designated to remain.

(b)

Before construction, land clearing, filling or any land alteration, protective barriers shall be required to be erected, where necessary, around those trees designated for saving. This requirement shall be imposed by the city if the proximity of construction activity may jeopardize the survival of a tree. No work shall commence on any project until the building official has made an on-site inspection of all protective barriers to ensure their adequacy. It shall be the responsibility of the developer or applicant to ensure that any tree so designated for preservation be protected. The property owner shall guarantee survival for one year and shall maintain all trees in a healthy condition.

(c)

Protective barriers and precautions required by the terms of the permit must comply with the following:

(1)

Protective posts, consisting of two-inch by four-inch or larger wooden posts, two-inch outer diameter or larger galvanized pipe, or other post material of equivalent size and strength, to be implanted deep enough in the ground to be stable and with at least four feet of the post visible above the ground.

(2)

Posts shall be placed at points not closer than one-half the radius of the dripline of the protective tree, with the posts not being further than six feet apart.

(3)

All protective posts shall be linked together by fencing at least three feet high, or two courses of one-inch by four-inch boards. Each section shall be clearly visible by flagging with brightly colored plastic tapes or other markers.

(4)

Large property areas containing protected trees and separated from construction or land clearing areas, road rights-of-way and utility easements may be ribboned off in lieu of erecting barriers as otherwise required in this subsection by placing stakes a minimum of 50 feet apart and by tying ribbon, plastic tape, rope, etc., from stakes along the outside perimeters of such areas to be cleared.

(5)

No grade changes shall be made within the protective barrier zones without prior approval from the building department. Where roots greater than one inch in diameter are exposed, they shall be cut cleanly and painted, if necessary, to maintain the natural existing soil level. All efforts shall be made through the grading and drainage plan to maintain the natural drainage to such trees.

(6)

Protective barrier zones shall remain in place and intact until such time as landscape operations begin in the immediate area or construction is completed, whichever occurs first.

(7)

No attachments or wires other than those of a protective or nondamaging nature shall be attached to any tree.

(d)

The building department shall conduct periodic inspections of the site. It is the responsibility of the applicant to ensure that all sections of this article are met.

(Code 1988, § 12.5-52)