§ 15.28.090. Tree protection during construction in a public area.

A.

Definitions.

1.

For the purposes of this section, "public tree" as defined in Section 15.28.030 of this chapter shall be extended to include any tree located on private property adjacent to a public area, with any part of the tree protection zone of such tree extending into the public area.

2.

"Construction" shall mean the installation, alteration, repair, replacement or relocation of any of the following:

a.

Any street, curb, sidewalk, pavement, street light, traffic signal or other surface structure.

b.

Any underground utility distribution and service facility including water pipe, sanitary and storm sewer, gas pipeline, electric power and communication wire, cable, conduit, duct and associated vaults, manholes, pull boxes; and any irrigation facilities.

c.

Any overhead wire, cable and associated support structure.

B.

Forestry Specifications. The "City of Ripon Forestry Specifications for Construction on Public Lands," a separate document as adopted in Section 15.28.040(A) of this chapter shall by reference or inclusion, be made a part of any permit issued pursuant to this section, and also be made a part of any contract for construction in any public area.

C.

Construction Planning and Design. The construction or reconstruction of streets, gutters, driveways, sidewalks, and underground and overhead utilities shall be planned and designed in such a way that will minimize loss or damage of existing street trees.

D.

Permit required. No individual person, firm, partnership, association, corporation or government entity, except as provided in Section 15.28.080 of this chapter, shall do or cause to be done, any construction as herein defined, in any public area in the city prior to issuance by the director of a valid Forestry Special Construction Permit.

E.

Permit Application, Plan Review, and Approval. Any person proposing to do construction work in a public area shall apply in writing to the director for a permit to do such work. Such application shall specify the location and description of the proposed work, and the estimated start and completion dates. A complete copy of the construction plans shall be provided along with said application. If, upon review of the construction plans and any supplemental information provided by the applicant, the director determines that the work is necessary and can reasonably be expected to progress in compliance with all forestry specifications and conditions, he/she shall issue the permit.

F.

Permit Form, Expiration, Compliance, Inspection. Permits shall be issued by the director on the standard form for this purpose. The permit shall specify the forestry specifications and any special conditions or requirements to be satisfied in connection with the work. Permits issued under this section shall specify an expiration date not to exceed twelve months after the date of issuance. The director shall inspect the work in progress on a regular basis to ensure compliance with the terms of the permit.

G.

Permit Exemption. No permit shall be required for construction proposed by any department or division of city government, however, all other provisions of this section shall apply. Any contract entered into between any city department of division and a contractor for hire shall contain the construction specification provisions of subsection (B) of this section. Any city employee performing construction work under this subsection shall also comply with the provisions of subsection (B) of this section.

H.

Standing Permit for Repair by Utility Providers. Any firm or corporation which owns facilities for the distribution and service of water, sewer, gas, electricity, and communications may request a "Standing Permit for Repair." The purpose of such permit shall be to expedite the process of minor repair or replacement of facilities by eliminating the requirement for a separate written permit for each repair occurrence. Such permit shall be valid for a term of one calendar year (January 1 through December 31) and shall apply to all repair occurrences at various single locations and times as needed.

1.

Conditions of Permit.

a.

Notification. Permittee shall notify the director by phone, fax or other means prior to commencing a necessary repair, and shall give the location, date and time of the work. Emergency repairs necessary to protect life and property, and other necessary repairs during non business hours shall be exempt from pre-notification but shall be reported on the next business day.

b.

All work performed in accordance with this subsection shall be subject to the specifications set forth in subsection (B) of this section, and any special conditions specified in the permit.

c.

Any construction which exceeds the scope, magnitude, and purpose of this subsection shall require the standard permit set forth in subsection (D) of this section.

2.

Permit Form, Issuance, Renewal, Compliance, and Inspection. Standing permits shall be issued by the director on the standard form for this purpose. The permit shall specify the forestry specifications and any special conditions or requirements to be satisfied in connection with the work. Permits issued under this section shall be valid from January 1 through December 31 and shall be automatically renewed for a like term. The director shall inspect the work and worksite from time to time to ensure compliance with the terms of the permit.

(Ord. No. 1356, 2-22-2010)