§ 8178-7.4.4. Project construction standards.

a.

Construction impacts to protected trees shall be avoided. Before the commencement of any clearing, grading, ground disturbance, or other construction activities, erosion control and tree protection measures shall be installed including but not limited to protective fencing at the edge of the tree protected zone of each protected tree.

b.

For trees with an active raptor nest, a buffer shall be provided during construction that is no less than five hundred (500) feet. For all other active bird nests, the buffer shall be no less than three hundred (300) feet. The required buffer shall be provided during construction until the nest is vacated, juveniles have fledged, and there is no evidence of a second attempt at nesting. If the required buffer cannot be achieved, the maximum setback shall be provided and construction activities that occur within the required buffer shall be monitored by a qualified biologist or ornithologist to detect any breeding or nesting behavior. In the event nesting birds are encountered, construction shall be halted in the area of the nest until the nest is vacated, juveniles have fledged, and there is no evidence of a second attempt at nesting. A weekly report shall be submitted to the Planning Division that discloses the findings of the observations conducted for that time period. The buffer shall be designated by protective fencing.

c.

No ground disturbances, grading, trenching, construction activities, or structural development shall occur within the tree protected zone or buffer except where it may be allowed pursuant to Section 8178-7.4.1 or 8178-7.4.2, consistent with the standards of this Section 8178-7, and as specifically authorized by the permit and the approved Tree Protection, Planting, and Monitoring Plan.

d.

Any approved development (e.g., paving, or the installation of fence posts), including grading or excavation (e.g., utility trench) that encroaches into the tree's protected zone shall be constructed using only hand-held tools.

e.

If disturbance is permitted within the tree protected zone or buffer, a qualified biologist shall monitor the temporary disturbance and fencing shall be temporarily modified to allow work to be completed. Fencing shall remain in place until all construction and grading activities have ceased.

f.

Construction equipment storage and staging areas shall be located outside of the fencing area or buffer described above, and graphically depicted on approved site, grading, and building plans.

g.

Unless the activity is conducted in accordance with Section 8178-7.4.1 and 8178-7.4.2 and is specifically authorized by the development's land use permit, the burning, application of toxic substances, overwatering, storing materials, operating machinery, or any other disturbance within the tree protected zone or buffer, is prohibited.

h.

Prior to earth disturbing activities, project construction standards and any additional recommendations in the approved Tree Protection, Planting, and Monitoring Plan, shall be implemented.

(Ord. No. 4492, § 6, 6-21-2016)