59-16 Enact Ch 904 Use of Public Right of Way by Service Providers

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for or his or her designee, unless such removal is required in an Emer- gency in which case notice of such removal shall be provided to the Di- rector within twenty-four (24) hours of the commencement of such ac- tivity. Compensation for trees removed with the City's permission in connection with Construction work performed by a Service Provider shall be paid to the City prior to completion of Construction work, based upon cost of replacement analysis as provided in the Guide for Plant Appraisals or similar publication. (4) Tree trimming and vegetation management activities in the Right -of- Way must be performed in accordance with generally acceptable horti- cultural and arboreal standards adopted by the National Arbor Day Foundation, the International Society of Arboriculture, or the Tree Care Industry. To the extent that the City has promulgated rules and regula- tions regarding tree trimming or vegetation management, such rules and regulations shall supersede any conflict with the foregoing stand- ards. (5) The Service Provider shall provide the City Public Works Department with at least two business days' notice of all tree trimming or vegeta- tion management activities, unless such activities are required because of an Emergency, in which case notice shall be provided to the Director within twenty-four (24) hours of the commencement of such activity. (r) Landscape Restoration. (1) All trees, landscaping and grounds removed, damaged or disturbed as a result of the Construction, Reconstruction, installation, maintenance, repair or replacement of Facilities must be replaced or restored as near- ly as may be practicable, to the condition existing prior to performance of work, except to the extent that tree trimming is necessary to prevent the interference of tree branches with Overhead Facilities. Trees that were to have been preserved in accordance with the requirements of this section that die within one year following completion of Construc- tion shall require compensation to be paid to the City, based upon cost of replacement analysis as provided in the Guide for Plant Appraisals or similar publication. (2) Grass or lawn areas within the Public Right -of -Way that are disturbed or damaged during Construction work shall be restored to a grassy con- dition. (A) Topsoil shall be stockpiled separately from poorer - quality clay and subsurface soils. In grass or lawn restoration, soils shall be re- turned to their respective layers. (B) When existing soil has been disturbed to such an extent that it will not support the establishment of viable grass, topsoil shall be add- ed in quantities sufficient to support grass. Clay soils shall not be used for the top twelve inches of a grass or lawn area to be re- stored. (C) Service Providers shall follow accepted best practices for ensuring grass that is thick and green in connection with such restoration work. (02299394 - 11