§ 15-282. Tree protection and maintenance during and after development and construction.

(a)

Following development approval, it shall be unlawful for any person, during the construction of any structures or other improvements, to place solvents, material, construction machinery or soil deposits within the drip-line of any tree which is designated to remain.

(b)

It shall be the responsibility of the permittee to ensure that any tree or stand of trees designated to remain be protected with protective barriers during construction. Barriers for the designated protected trees shall be in place prior to any land clearing occurring near protected trees designated to remain. The property owner shall guarantee survival of retained or replacement trees for one (1) year from the issuance of a certificate of completion, or until the issuance of a certificate of occupancy on single-family residential lots. All trees installed to meet the requirements of this article shall be planted and irrigated in accordance with Orange County Code Chapter 24, Landscaping, Buffering and Open Space.

(c)

Protective barriers shall be placed at points not closer than six (6) feet from the base of the tree or at the radius of the drip-line of the protected tree or stand of trees, whichever is greater. If circumstances exist that require encroachment of the drip-line, the zoning manager may use discretion in allowing the barriers to be placed closer to the tree trunk. Each section of the barrier shall be clearly visible (flagged with brightly colored plastic tapes or other markers). No attachments or wires other than those of a protective or nondamaging nature shall be attached to any tree.

(d)

The zoning manager or other county designees may conduct periodic inspections of the site. It is the responsibility of the property owner and the permittee to ensure that all provisions of this article are met.

(e)

Impervious surfaces placed beneath the drip line of any preserved tree shall not exceed forty percent (40%) of the drip-line area and shall not be placed closer than six feet from the trunk of any such trees without prior approval from the zoning manager or as allowed per Orange County Code section 24-4(a) for vehicular use areas. [See section 15-281(a) regarding administrative variances to save specimen trees.]

(f)

All preserved trees shall have their natural soil level maintained. Tree wells and/or planter islands shall be provided, if necessary, to maintain the natural existing soil level of at least seventy-five percent (75%) of the drip line.

(g)

Trees planted or retained as required by this article shall not be trimmed or severely pruned so as to appear stunted. Trees shall be pruned as needed to maintain health and form in such a way that retains or improves the natural form of that tree species. Improper pruning techniques shall be as determined by the zoning manager. All tree pruning shall be conducted according to the latest edition of the Natural Arborist Association Standards. Trees damaged or destroyed due to improper trimming or severe pruning shall be replaced in accordance with section 15-281(d).

(Ord. No. Code 1965, § 19A-51; Ord. No. 85-33, § 11, 12-9-85; Ord. No. 2001-19, § 7, 11-6-01)