§ 17.24.110. Protection of trees during development activities.

A.

Generally. To assure the health and survival of protected trees that are not to be removed, the following kinds of tree injuries shall be avoided during all development activities:

1.

Mechanical injuries to roots, trunk and branches;

2.

Injuries by chemical poisoning;

3.

Injuries by grade changes;

4.

Injuries by excavations; and

5.

Injuries by paving.

B.

Tree Protection Zone. A circular tree protection zone shall be established around each protected tree as shown in Figure 17.24.110.

 

  

1.

If the drip line is less than ten feet, the protection zone shall be ten feet.

2.

If the drip line is more than ten feet, the protection zone shall be the full drip line of the tree.

3.

The configuration of the tree protection zone may be adjusted upon recommendation of the urban forester and upon verification that measures will be taken during construction or installation to protect the well-being of the tree.

C.

Development Prohibited within the Tree Protection Zone. All development activities except those specifically permitted by subsection E of this section shall be prohibited within the tree protection zone provided for any protected trees, including any construction of buildings, structures, paving surfaces, and storm-water retention/detention ponds. All temporary construction activities shall also be prohibited within tree protection areas, including all digging, concrete washing, storage of construction material, and parking of construction vehicles.

D.

Fencing of Tree Protection Zone. Prior to the commencement of construction, the developer shall enclose the entire tree protection zone within a fence or similar barrier as follows:

1.

Chain link fencing at least four feet in height and secured using appropriate posts spaced not more than ten feet apart.

2.

During construction, each tree protection zone shall be identified with a temporary sign or signs to clearly demarcate the extent of the zone. The developer shall maintain the protective barrier during the entire construction process and shall make certain that it is observed by the contractor.

E.

Permitted Activities within Tree Protection Zone.

1.

Utility Excavation. Excavating or trenching by duly constituted utilities shall be permitted within the tree protection zone, except where the trees are historic or specimen, in which case utility lines shall be tunneled beneath tree roots in order to protect feeder roots. The urban forester may propose rules and regulations governing and/or limiting excavation or trenching by duly constituted utilities in the tree protection zone. Upon the approval by the metropolitan planning commission of such rules and regulations pursuant to Metropolitan Code of Laws Section 2.104.020, excavation and trenching in the tree protection zone shall be permitted only pursuant to such rules and regulations.

2.

Sodding and Groundcover. Placement of sod or other groundcovers and the preparation of the ground surface for such covers shall be permitted within the tree protection zone.

F.

Inspections.

1.

All protected trees designated to remain, pursuant to a tree survey shall be inspected by the urban forester one year following completion of the project to insure that they are surviving in a healthy condition.

2.

Protected trees which require repair or replacement shall be determined by the urban forester.

3.

Any protected tree designated to remain which is damaged during construction, or with damage occurring as a result of construction, shall be repaired according to accepted International Society of Arboriculture practices, or replaced such that the total density units of the replacement tree(s) meets or exceeds the total density units of the protected tree.

4.

The owner shall be notified in writing of the urban forester's determinations.

G.

Trees destroyed by natural disaster. There is no requirement that a protected tree designated to remain be replaced if the tree dies as a result of a natural disaster or other act of God, including a drought. For purposes of this subsection, 'drought' means a prolonged period of dryness that has caused extensive damage to, or prevented the successful growth of, crops within the Middle Tennessee area.

(Ord. BL2008-328 § 8, 2009; Ord. 2001-750 § 7, 8, 9, 2001; Ord. 96-555 § 6.3(C), 1997)