§ 72-844. Standards for tree protection during development activities.

The following are minimum standards necessary to protect trees designated for preservation from damage during development activities after a permit has been approved:

(1)

Protection of existing trees. Prior to the commencement of construction of a development, the applicant shall clearly mark any tree or tree groups to be maintained in the proximity of any area where land clearing equipment is to be operated. In addition, prior to any clearing of improved, vacant or unimproved land unless specifically exempted from this article, trees to be preserved, shall have barriers constructed around them by the developer to prevent physical damage from heavy equipment and other activities incidental to development. Required barriers shall be subject to inspection by the county as a condition of permit approval and prior to any clearing. The barriers shall be:

a.

Large enough to include the entire area inside the drip line of the tree or one foot of radius per inch of the diameter, whichever is greater;

b.

Conspicuous enough and high enough to be easily seen by operators of trucks and other equipment;

c.

Constructed of sturdy material as approved by the county forester based on professional judgment that the intent of this provision shall be met; and

d.

Constructed as a condition of the issuance of any tree permit, building permit, and any other development permit and prior to any construction or other development activities and require to remain in place throughout the construction.

e.

Barriers or barricades shall be completely removed from the site at the end of the construction, unless otherwise stipulated on the approved tree preservation plan.

(2)

Tree protection zones. The area within the drip line of trees designated for preservation is considered the tree protection zone. Only hand clearing is permittable within the tree protection zone, unless otherwise stipulated in the approved tree permit. Encroachments into the tree protection zone will require submittal and approval of a drip line encroachment plan outlining tree protection measures to be utilized.

(3)

Other required protection of trees and understory. Developers shall, as required by the approved tree permit, protect the trees and understory plants designated for preservation from chemical poison, excavation, and grade changes to at least the following minimum standards:

a.

Utility line trenches. Utility line trenches shall be routed away from trees to an area outside of the drip line. If underground utilities must be routed through a tree protection barrier zone, tunneling will be required.

b.

Grade changes. The site shall be utilized as to require the smallest possible grade change around existing trees. The project shall be designed to utilize site topography to the greatest extent possible. No grade changes are to be allowed within the drip line of existing trees unless approved by the county forester.

c.

Tree wells of an approved design shall be constructed around all trees to be preserved when fill material will be deposited within the drip line of protected trees. Utilize retaining walls and drywells to protect any tree to be preserved from severe grade changes.

d.

Swaling and minor negative grade changes shall be designed outside the drip line of the area of trees to be preserved. If ditches, swales, or other significant grade changes are required near a tree that is designated to be preserved, piping shall be used. Trenching within the drip line of trees to remain shall be avoided. Tunneling shall be used in lieu of trenching within the drip line of trees to remain.

e.

Where traffic areas are proposed within the drip line of trees to be preserved, and less than two inches of grade change is proposed, surfaces that allow air and water in the soil shall be used in lieu of asphalt or other impervious surfaces.

(4)

Pruning of trees and vegetation. The developer is permitted to properly cut or prune branches and roots of trees designated for preservation under the supervision of the county forester. However, tree pruning shall be accomplished in accordance with the procedures set forth by the American National Standard Institute, as amended.

(5)

Roots system protection. The root systems of trees shall be protected as follows:

a.

Excavation within a drip line. County forester may approve a drip line encroachment plan upon the applicant's request to excavate within the drip line of a tree as part of a clearing permit.

b.

Standards for root protection. The following standards shall apply and the county forester may establish additional standards for root protection consistent with this section if deemed warranted by site conditions or the project proposal:

1.

If roots are exposed, the developer shall provide temporary earth cover, mixed with peat moss and wrapped with burlap, to prevent exposure from drying out before permanent back fill is placed.

2.

The developer shall also fertilize, water and maintain in a moist condition, and otherwise temporarily support and protect the tree root from damage until the tree root is permanently covered with earth.

c.

Protection of the tree root system. The developer shall protect tree root systems from damage due to noxious material in solution caused by runoff, or spillage during mixing and placement of construction materials, or drainage from storage materials. Developer shall also protect the root systems from flooding, erosion and excessive wetting resulting from dewatering or grading operations.

(6)

Trees damaged during construction. The developer shall have trees damaged by construction repaired by a professional or arborist in a manner acceptable to the county forester as follows:

a.

Immediate notification to the county. The county forester must be notified immediately after any damage to any tree damaged by construction operations.

b.

Prompt repair. Repairs shall be made promptly, as necessary, after damage occurs to prevent progressive deterioration of damaged trees.

c.

Removal and replacement of damaged trees. The developer shall remove trees which are determined by the county forester as being incapable of restoration of normal growth pattern. Such trees shall be subject to replacement pursuant to subsection 72-832(b) of this article.

(Ord.

No. 02-13, § I, 7-18-02; Ord. No. 2008-25, § III, 12-4-08)