In connection with any construction, but prior to the issuance of demolition permits or building permits or start of construction, whichever is first applicable, heavy duty plastic fencing or other protective barriers acceptable to the municipal official charged with the administration and enforcement of this section, shall be placed around trees that are six inches and over in diameter and that are not to be removed. The protective barriers shall be placed at least five feet from the trunk of any tree and shall remain in place until all construction activity is terminated. This area shall be mulched with a minimum of four inch wood chips. No equipment, chemicals, soil deposit or construction materials shall be placed within any area so protected by barriers. Any landscaping activities subsequent to the removal of the barriers shall be accomplished with light machinery or hand labor.

In the event that any tree to be saved, planted or replaced in connection with the construction as set forth above shall die or be in serious decline during construction or within one year after completion of construction, it shall be removed and replaced by the applicant or the property owners within six months or during the "first planting period" after notification.

For sites involving a certificate of occupancy (CO), all existing trees six inches and over in diameter within 40 feet of the new footprint shall be deep-root fertilized with a bio-stimulant by a licensed arborist during the final landscaping. No CO shall be granted without written proof that fertilization, as required herein has been completed.

Where deep-root fertilization is required and cannot be done because of weather conditions, no CO will be granted until a cash guaranty bond is posted according to the following schedule:

1-4 trees: $500;

5-9: $1,000;

10 or more: $2,000.

Where a bond is involved, failure to deep-root fertilize as required herein, will result in the release of the bond money to the Shade Tree Trust Fund of Englewood Cliffs and a summons shall be issued.

The roots of any tree protected under this section may not be cut within five feet of its trunk.

A bond shall be required for existing trees six inches and over in diameter as a condition for receiving either a tree removal permit or demolition approval. Trees under 18 inches in diameter shall require a $500 bond and trees 18 inches and over in diameter shall require a $1,000 bond. The bond shall be returned if upon inspection the tree is in good condition one year after the completion of construction which shall be the date of the final certificate of occupancy. If the applicant or owner does not comply, the bond money will go to the Shade Tree Trust Fund for planting trees on the Borough right-of-way or other Borough property. The maximum amount which the applicant shall post shall be $2,000.

The approving authority shall have the right to enter construction sites and inspect for compliance to this section as work is in progress. This right shall accrue not only to the approving authority, but to its enforcing officers and other Borough Officials.