(a) To preserve existing trees specified on the required landscape plan to remain on the site as a function of fulfilling purposes of this section, the critical root zone shall be protected by proper installation of barricades and signage from vehicular movement, material storage, compacting, grading, excavating, and other development related activities during construction and in the final landscape design.
(b) The critical root zone (CRZ) shall be protected during construction by approved tree protection fencing and practices. Tree protective fencing shall be shown on site plans and grading plans around each tree, cluster of trees, at perimeter of tree-save areas, and at limits of disturbance. No equipment is allowed on the site until all tree protection fencing and silt fencing has been installed and approved. Tree protective fencing shall remain in place through completion of construction activities.
(c) If the entire CRZ cannot be preserved, the disturbed area shall extend no closer to the protected tree trunk than one half (½) the radius of the CRZ. In no case can more than forty (40) percent of the CRZ be disturbed.
(d) Disturbance of the CRZ will only be allowed on one (1) side of the retained tree and only with prior approval by the appropriate reviewing agency.
(e) Prior to grading, tree roots shall be pruned using appropriate arboriculture pruning tools and practices.
(f) Disturbance other than that allowed on the approved plan, including incorrectly placed tree protection fencing or improper root pruning constitutes negligence and will require the owner to post an irrevocable letter of credit or other means of financial assurance approved by the reviewing agency for three (3) years to provide for mitigation of the tree per section 18-460 to be released if determined by the reviewing agency that the tree is not at risk of dying due to the disturbance.
(g) Any person who is responsible for failing to properly install or maintain protection measures pursuant to this article shall be subject to a fine of five hundred dollars ($500.00) per day and a stop work order shall be placed on the project. The owner of the property shall also be a jointly and severally responsible party if the improper practices are conducted by an employee, agent, or other person under the control, employ, or direction of the property owner.
(Ord. No. 0-2008-25, 4-8-08; Ord. No. O-2012-85, Exh. A, § 28, 12-4-12)