§ 337-16. Protection during construction.

A. 

It shall be unlawful for any person in the construction of any structures or other improvements to place solvents, material, construction machinery or temporary soil deposits within 12 feet of or outside the dripline, as defined herein, whichever is greater, of any tree trunk having a two-and-one-half-inch or greater dbh.

B. 

Before development, land clearing, filling or any land alterations, a permit will be required to erect suitable protective barriers, and this protection, where required, shall remain until such time as the protection is authorized to be removed by the Conservation Officer. Also, during construction, no attachments or wires shall be attached to any of said trees so protected. Wood, metal or other substantial material shall be utilized in the construction of barriers. Barriers will be required for all trees being protected, except in the following cases:

(1) 

Street right-of-way and utility easements may be fenced by placing stakes a minimum of 50 feet apart and tying fence from stake to stake along the outside perimeters of such areas to be cleared. Attachments of any kind to any tree are not permitted.

(2) 

Large property areas separate from the construction or land clearing area into which no equipment will venture may also be fenced off as above. For any tree or trees that have been directly or indirectly damaged by any activity, the responsible party shall make a reasonable restitution at the discretion of the Conservation Officer.