§ 55.00.01.08. Shade Tree Planting

The planting of each shade tree under Chapter 55 of the County Code must conform to the following requirements:

A. Each shade tree must be planted within the planting area within a growing zone as defined under this regulation and as approved on the sediment control plan.

B. The growing zone may be of any shape subject to the following:

(1) The distance from any point on the growing zone boundary to any other point must not be greater than 30 feet.

(2) It must be possible to draw a straight line from every point in the growing zone to the stem of the planted tree without going outside the boundary.

(3) The entire growing zone must be completely within the boundary of the subject property; except open surface area on an adjacent right-of-way may be included if no utility, public utility easement, stormwater management system, or impervious surface is located in that part of the right-of-way.

(4) The growing zone must not contain any impediments to tree and root growth and development, including:

(a) No part of the growing zone can be closer than 5 feet, measured horizontally, from any electric, gas, water, sewer, telephone, cable television, or other overhead or underground utility.

(b) No part of the growing zone can be closer than 5 feet, measured horizontally, from any stormwater management system.

(c) The growing zone must not include any concrete, asphalt, brick, gravel, or other impervious surface.

(d) The growing zone must not include any retaining walls, clean construction fill (including but not limited to brick, block, stone, or sand), underground storage tanks, bedrock, compacted soil, or other impediment to root growth.

(e) The growing zone must not include any area within a septic easement or a septic reserve.

C. The stem of any shade tree planted within a growing zone must:

(1) Be planted such that a straight line can be drawn from the stem to any point on the growing zone boundary without going outside the growing zone.

(2) Be no closer than 5 feet from any point on the growing zone boundary.

(3) Be no closer than 10 feet from any structure with a building foundation below grade.

(4) Be no closer than 15 feet, measured horizontally, from the closest point on the ground directly below an electric, telephone, cable television, or other overhead wire.

(5) Be on the subject property and no closer than 5 feet from any property boundary, right-of-way, public utility easement or other public improvement easement.

D. Each shade tree must conform to the following:

(1) Shade trees must meet all requirements for plant material in ANSI Z60.1;

(2) Shade trees must be a minimum of 2" caliper.

E. The installation of each shade tree must:

(1) meet all requirements of ANSI A300.

(2) At the time of planting:

(a) Tree guards to protect trees from deer rubbing, mowers, weed eaters, other equipment, and large rodents must be installed on all shade trees.

(b) Mulch must be applied.

(c) Sufficient water must be applied to aid in proper planting.

F. Timing of Plantings

(1) Shade trees must be installed between October 15th and May 15th as long as the ground is not frozen, saturated, or covered with snow such that a suitable hole cannot be dug to plant the tree properly.

(2) Shade trees must not be installed between May 16th and October 14th of each year.

(3) If shade trees are installed prior to final stabilization of the land disturbing activity then no additional disturbance must occur within five feet of the stem of the tree. Protective fencing must be installed at edge of this area at the same time the tree is installed and must remain in place until final stabilization occurs.

(4) If installation of shade trees to meet the requirements of Chapter 55 of the County Code cannot occur between October 15th and May 15th for any reason, or will not be planted for any other reason, the applicant must pay the required fees.