[Ord. No. 2016-34; amended 8-24-2020 by Ord. No. 2020-26]
(a)
As used in this article, reference to "construction site" or "site" shall refer to any real property upon which any person (referred to herein as a "contractor") proposes to or does engage in the construction, reconstruction, renovation, expansion, repair, maintenance or demolition of any building, structure, infrastructure or other improvement including landscaping located upon said real property.
(b)
Contractors shall comply with the provisions of this chapter on site during construction.
(c)
Contractors shall safeguard areas referred to herein as TPZs for each of the trees on the site, the removal or destruction of which is regulated under section 22-11 of this chapter, and for which the contractor has not received a permit allowing its removal or destruction. In addition, contractors shall safeguard the TPZ of any tree on contiguous property or in the municipal right-of-way, the removal or destruction of which is regulated under section 22-11. However, the authority and requirement under this chapter to safeguard trees on contiguous properties or in the municipal right-of-way shall be limited to that portion of the TPZ that is on the site. Contractors shall not be permitted to safeguard a TPZ on contiguous property or in the municipal right-of-way without the express written consent of the owner(s) of such adjacent property.
(1)
No contractor shall be permitted, for any length of time, to place or maintain, or cause to be placed or maintained, in or upon a TPZ, any stone, cement, mortar, building material, impervious material, dumpster or roll-off container, construction or storage trailer, portable toilet or other material, item or substance that shall impede or prevent the free access of water, air or fertilizer to the roots of any tree. No contractor shall disturb the soil within a tree protection zone. No contractor shall be permitted to conduct any excavation or other construction-related activities within a TPZ.
(2)
A contractor shall be required to use fencing to protect areas identified as TPZs for every tree on site, the removal or destruction of which is regulated under this chapter and for which the contractor has not received a permit allowing its removal or destruction. Fencing shall also be required to protect areas on site identified as TPZs for trees on contiguous properties or in the municipal right-of-way, in accordance with the first paragraph of section 22-20(c).
(3)
The fence required by this section shall be a four-foot tall wooden-slat snow fence with five-strand metal wire installed with metal posts at intervals of six feet.
(4)
Notwithstanding the above, a contractor may request permission to carry out work within a TPZ by submitting a written plan that demonstrates (a) the need for such work within the TPZ and (b) the manner in which the contractor will protect the critical root zone of the tree(s) in the TPZ. The enforcement officer shall review and approve or disapprove such request. No work may take place within a TPZ without the written approval of the enforcement officer. The enforcement officer will have the authority to monitor and inspect all work authorized under this subsection.
(5)
In the event a contractor seeks to carry out work within a TPZ and is unable to protect the critical root zone of the tree(s) in the TPZ, the contractor shall make application pursuant to section 22-11 for a tree removal permit.