Sec. 78-5. - Protection of trees during development or construction; injuring trees.

(a)

During development, redevelopment, razing or renovating no trees shall be cut, damaged or removed except by specified permit. All trees removed, destroyed or severely damaged shall be replaced at the expense of the permittee. The total caliper of all trees planted in the course of restoration shall in no event be less than the total caliper of all trees removed. Replacement shall be made with 2½- to six-inch caliper trees and/or as directed by the tree warden. If sufficient tree planting locations are unavailable within the contract area, the replacement trees shall be planted within one-quarter mile of the contract area as determined by the tree warden, except by special permit of the tree warden.

(b)

All trees within 30 feet (9.1 meters) of any excavation or construction of any building, structure or street work shall be guarded through the length of the project with a good substantial fence, frame or box not less than four feet (1.2 meters) high and eight feet (2.4 meters) square, or equivalent. All equipment, building materials, chemicals, dirt or other debris shall be kept outside the barrier at all times.

(c)

No person shall intentionally damage, cut, carve or transplant any tree; attach any rope, wire, nails, advertising posters, or other contrivance to any tree; allow any gaseous, liquid, chemical or solid substance that is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree without first obtaining a written permit from the tree warden.

(d)

No person shall deposit, place, store or maintain any stone, brick, sand, fill dirt, concrete or other materials that may impede the free passage of water, air and fertilizer to the roots of any tree growing therein, except by written permit of the tree warden.

(e)

No person shall preclude the percolation of water or nutrients and gaseous exchange vital to a tree's survival by the placing of any impervious materials (asphalt, macadam concrete) within the confines of the tree well opening.

(Code 1971, § 25-6)