(a)
Purpose.
The purpose of this article is to promote site
planning which furthers the preservation of trees and natural areas;
to protect trees during construction; to facilitate site design and
construction; contribute to the long-term viability of existing trees;
and to prohibit clear-cutting of trees. It is the further purpose
of this article to achieve the following broader objectives:
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Prohibit the clearing of trees and natural areas;
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Protect and increase the value of residential and commercial
properties within the City as well as forest value;
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Maintain and enhance a positive image, which will encourage
further development in the City;
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Protect healthy quality trees and promote, enhance the ecological,
environmental and aesthetic qualities of the City in future development;
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To encourage the increase of arboreal elements in design plans
so as to improve both aesthetic and healthful conditions within the
City;
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To further the preservation of trees and natural areas by protecting
them during the planning, site design, construction and maintenance
phases of any residential or commercial development within the City
of Lancaster, Texas and
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To retain the optimum number of trees on any development site.
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(b)
Application:
This article applies to all property in
the City except for:
(1)
Lots smaller than two (2) acres in size that contain single-family
or duplex uses in residential districts.
(2)
Lots in an overlay district or a planned development district with
specified tree preservation regulations that vary from those in this
article, as determined by the Director of Development Services or
designee.
(c)
In
this section, a tree removal property one acre or less, in a residential
district is considered to be vacant when an application is made for
a demolition permit for a single-family or duplex structure. The Director
of Development Services or designee shall not waive mitigation of
Protected Trees for an area greater than seventy percent (70%) of
the tree removal property. Trees must be mitigated on a pro-rata basis
if the development impact area exceeds seventy percent (70%) of the
tree removal property.
(Ordinance 2017-06-21, sec. 3 (14.901)
adopted 6/26/17)
For purposes of this article, certain words or terms applicable
hereto are hereinafter defined. Words and terms used in this article,
but not defined in this article, shall have the meanings ascribed
to them in the Lancaster Development Code or other ordinances of the
City. Words and terms defined in two ordinances shall be read in harmony
unless there exists an irreconcilable conflict in which case the definition
contained in this article shall control. For purposes of this article,
the Director of Development Services or designee shall have interpretive
authority to use commonly accepted definitions and/or to utilize generally
accepted professional standards when any such conflict cannot otherwise
be resolved.
Provisions of this article shall be administered by the Director
of Development Services, who shall be appointed by the City Manager.
The use of land to produce plant or animal products, such
as the growing of crops, raising and pasturing of livestock, timber
production, Christmas tree[s], or farming.
American National Standards Institute; standards used by
the horticulture and landscape professionals to measure and evaluate
trees.
Where a Protected Tree remains in the immediate area of intended
construction, the tree shall be protected by enclosing the entire
circumference of the tree with approved padding material and 2" x
4" lumber encircled with wire or any other method approved by the
Director of Development Services or designee. The intent is to protect
the bark of the tree against incidental contact or damage by large
construction equipment.
Boring of utilities shall be required in those circumstances
where it is not possible to trench around the critical root zone of
the Protected Tree. When required, the length of the bore shall be
the width of the critical root zone at a minimum depth approved on-site
by Director of Development Services or designee.
Buffer zone is a method of screening or separating adjacent
land use areas, which are improved with predominate nonresidential
use and whose side or rear lines are adjacent to a residential district
or use and not separated by a public street or roadway. These buffers,
when required, should be densely maintained with trees and shrubs
and be a minimum of twenty-five (25') feet in depth.
That portion of a building site, exclusive of the required
yard areas, on which a structure or building improvements may be erected
and including the actual structure, driveway, parking lot, pool and
other construction as shown on a site plan.
A builder or contractor who has purchased land or lots for
construction with intent to sell is subject to all requirements specified
herein.
The area surrounding and adjacent to the building pad that
may be cleared to allow for all necessary construction equipment and
construction. Residential BE shall not exceed ten (10') feet from
the Building Pad. Commercial BE shall be determined by the Director
of Development Services for the necessary tree protection. All existing
natural vegetation beyond the building envelope shall be protected
by protective fencing.
The actual foundation area of a building.
The diameter of a tree measured is as follows: Height to
measure depends on size: zero to four inches (0-4"), measured at six
inches (6") from natural ground level. Trees four inches (4") to transplantable
size are measured at twelve inches (12") from natural ground level.
All others at four and one-half feet (4.5') from the ground level
in Diameter at Breast Height (see ANSI standard).
means all specimen trees; except Eastern Red Cedar and Osage
Orange, and all trees located in a primary natural area, floodplain,
or geologically similar area measured to fifty feet above the escarpment
zone.
means a tree that is not otherwise classified.
means Arizona ash, black willow, cottonwood, Eastern Red
Cedar 24 inches (24") in diameter or more, crabapple, honey locust,
mimosa, mulberry, sweet gum, ornamentals, Osage Orange and Hackberry/Sugarberry
24 inches (24") in diameter or more, pinus spp., Siberian elm, and
Silver maple larger than eight inches (8") in diameter.
The removal of all of the trees or a significant majority
of the trees within an area of land.
A development design or pattern intended or having the effect
of creating, retaining or preserving environmentally sensitive areas,
natural habitats, wooded areas or areas of natural beauty in greater
amount than would be otherwise be provided using Conventional Design
or Traditional Neighborhood Design. Techniques used to achieve this
result principally include the grouping together and/or concentration
of buildings into clusters, reduction in lot size, reduction in paved
areas and/or streets, and the use of shared common areas.
A development design or pattern characterized by homes and
nonresidential buildings located on large individual lots, physical
separation of buildings, segregation of land uses, and a predominance
of individual yards within privately owned lots rather than the use
of commonly owned open areas. This pattern frequently features long
block lengths, wide streets, cul-de-sacs, alleys and an emphasis on
transportation service via the privately owned automobile.
The area of undisturbed natural soil around a tree defined
by a circle with a radius equal to the distance from the trunk to
the outermost portion of the drip line. If the CRZ is compromised
by site conditions, such as but not limited to, roads, sidewalks,
existing buildings, utility. easements, etc., the CRZ will be determined
by the Director of Development Services or designee.
Uprooting or severing the main trunk of a tree, or any act
which causes or may reasonably be expected to cause a tree to die.
This includes, but is not limited to: damage inflicted upon the root
system of a tree; a change in the natural grade above the root system
of a tree, storage of materials, or the compaction of soil above the
root system of a tree; an application of herbicidal chemical or the
misapplication of beneficial chemicals; excessive pruning; placement
of non-permeable pavement over the root system or [of] a tree; or
trenching within the primary root zone. Additionally, a tree may be
considered critically altered if more than twenty-five percent (25%)
of the primary root zone is altered or disturbed at natural grade,
or more than twenty-five percent (25%) of the canopy is removed.
Areas where the natural ground level has been excavated (cut)
or raised (fill).
The DBH is measured four and one-half feet (4.5') from natural
ground level.
A circular line, which follows the outermost portion of the
canopy of a tree and extending to the ground.
The biotic community that develops immediately following
the removal or mortality of most or all of forest canopy, resulting
in a predominance of woody species regeneration primarily comprised
by "pioneer" plant species.
The area designated as being within the one-hundred-year
floodplain on the Federal Emergency Management Agency Flood Insurance
Rate Map (FIRM) as of the effective date of this article. The boundary
may be verified and established through field surveys based on elevation.
Any changes made by FEMA to the 100-year floodplain boundary after
the effective date of this article due to filling of the floodplain,
channelization, or other drainage improvements shall not reduce the
area in which tree preservation, replacement or protection requirements
apply.
Any changes in ground level or soil compaction within the
area just beyond the spread of the branches that will damage the roots.
Where Protected Tree removal is allowed through exemption
or by tree removal permit, and the root system is intertwined with
Protected Trees which are intended to be saved, the tree shall be
removed by flush cutting with the natural level of the surrounding
ground. If stump removal is desired stump grinding shall be allowed
upon approval of the Director of Development Services.
Excavating or removing a significant part of the root system.
Delineation on the site plan defining the areas within which
all construction activity may occur.
Property in which title is held in the name of a governmental
entity. Examples of this would include City Hall, public parks, Corps
of Engineers' property, State of Texas R.O.W., library, fire stations,
water tower sites, public schools or similar properties.
Land no longer under cultivation because the fertility of
the soil has been exhausted.
A public or semi-public space, including common areas or
parks, that:
Is open and unobstructed from its lowest level to the sky. (Vegetation
and complementary amenity structures such as open pavilions[,] shade
structures, picnic tables, playground equipment, bicycle racks[,]
drinking fountains, trash receptacles, goal posts, lighting etc. shall
not be considered obstructions.)
Is accessible to, designed for, and intended for the common
use or enjoyment of the general public or the residents/occupants
of a building, neighborhood or subdivision.
Is used for recreation, resource protection, amenity or buffer
yard/greenbelt purposes.
Is not an existing or future right-of-way.
Is not part of the roof of any building.
Protective fencing shall be orange vinyl construction fencing
or other material approved by Director of Development Services or
designee with a four-foot (4') approximate height adequately supported.
Approved pruning of Protected Tree(s) by Director of Development
Services in cases where tree(s) must be strategically pruned to allow
construction or demolition of a structure. When allowed, all pruning
shall be in accordance with approved arboricultural technique and/or
guidelines established by the Director of Development Services or
designee.
Permit required for all utility, franchise and City projects.
No fee is required.
Owners of property zoned as residential, who reside at the
property as their primary residence. This term does not include properties
zoned "MF" Multi-Family Residential district.
means right-of-way.
The removal of selected trees from within a forested area.
The purpose of Selective Thinning is to improve the health and natural
growth form of remaining trees or remove invasive and sometimes non-native
species.
Top layer of soil native to the site.
A development design or pattern that is characterized by
a mixture of housing types and densities, a mixture of land uses including
retail, office, and civic uses, reduced paving and street sizes, and
that affords ease of pedestrian access. This design typically features
a gridiron street pattern, short block lengths, narrow streets, reduced
building setbacks from the street and close proximity of residential
and nonresidential buildings and uses.
Any self-supporting woody perennial plant, which will attain
a trunk diameter of two inches (2") or more when measured at a point
four and one-half feet (4.5') above ground level and normally an overall
height of at least fifteen feet (15') at maturity, singular or multi-trunk.
The diameter of a multi-trunk tree shall be determined by adding the
total diameter of 1/2 diameter of each additional trunk to the diameter
of the largest trunk.
Tree, Canopy or Shade.
Canopy or Shade Tree means a species of tree which normally
bears crown foliage no lower than six feet (6') above ground level
upon maturity.
Tree, Heritage.
Any tree planted and related to the heritage of the community,
individual or homestead, or dedicated or planted as a public memorial,
as designated by City Council[.]
Tree, Historic.
Any tree that has been identified as having historical value
or is associated with a notable local or regional historic event,
person, structure or landscape, as designated by City Council.
Tree, Park.
Trees located in public parks and all areas owned by the
City to which the public has free access to as a park.
Tree, Preserved.
A Protected Tree shall be considered preserved only if a
minimum of seventy-five percent (75%) of the critical root zone is
maintained at undisturbed natural grade and not more than twenty-five
percent (25%) of the canopy is removed due to building encroachment.
The canopy shall retain its natural form and integrity.
Tree, Protected.
A tree of any species that has a minimum diameter of six
inches (6") that is not classified as unprotected in this article.
The caliper of a multi-trunk tree shall be determined by adding the
total diameter of the largest trunk to one-half (1/2) diameter of
each additional trunk (refer to ANSI).
Tree, Specimen.
Means a healthy tree whose age, size, unique type, or natural
character are of special importance to the City, and meets the following
species and size requirements:
Tree, Street.
Trees, shrubs, and all other woody vegetation on land lying
between property lines planted at recommended intervals with consideration
of visibility triangle on either side of all streets, avenues, right-of-ways
or entrances to the City. Tree species and planting techniques shall
be selected to create a unified image for the street, provide an effective
canopy, avoid sidewalk damage and minimize water consumption.
Tree, Understory.
A tree which the City has determined has significant positive
characteristics worthy of preservation and that does not typically
attain height greater than thirty feet (30').
The City's Planning and Zoning Commission shall sit as the
Tree and Landscape Advisory Board, and all references herein to the
"Tree Board" shall refer to the City's Planning and Zoning Commission
sitting in that capacity. The Board will meet as needed to review
and monitor the Tree Protection and Landscape Ordinances, and to advise
the Director of Development Services, Park Board, City Council, and
citizens.
A condition wherein no single species of tree or plant material
comprises more than 30% of the cumulative total of plantings on a
site or of replacement trees required due to mitigation and remediation.
The condition of the tree, including structural integrity,
pest and/or pathogen related problems.
The Tree Survey is the heart of this article. Its purpose
is not to penalize, but to aid in protecting our valuable natural
resources during development and construction. The Tree Survey will
also help determine the quantity of trees, if any, that may be removed
or cannot be safely and adequately protected during the street utility,
engineering/drainage, and construction phases of development.
The severe cutting back of limbs to stubs larger than three
inches in diameter within the tree's crown to such a degree so as
to remove the normal canopy and disfigure the tree. Trees severely
damaged by storms or other causes, or certain trees under utility
wires or other obstructions where other pruning practices are impractical,
may be exempted from this article at the determination of the Director
of Development Services or designee.
means the following:
Callery pear (all cultivars)
Chinaberry
Mesquite (with a diameter of less than 24 inches)
Eastern Red Cedar (with a diameter of less than 24 inches)
Chinese Tallow
Hackberry & Sugarberry Species (with a diameter of less
than 24 inches)
Ilex Species (except for yaupon holly and Possumhaw holly)
Palm (all plants in Palmae)
Tree-of-heaven or Ailanthus
Other trees listed on the Texas A&M invasive plant list
(Ordinance 2017-06-21, sec. 3 (14.902)
adopted 6/26/17)
A tree removal permit shall be obtained from the Director of
Development Services or designee before any person, directly or indirectly,
shall clear-cut/remove, destroy or do selective thinning on any Protected
Tree(s) situated on property regulated by this article, except as
specified herein (definitions of clear-cutting, selective thinning,
and ground level cuts).
(a)
New Development/Construction.
In the event it becomes
necessary to remove a tree for development or construction, a Tree
Removal Permit shall be required. New construction shall include Residential,
Nonresidential, Special Developments, Planned Developments and individual
contractor builders shall be required to meet the criteria herein
specified and shall require a Tree Removal Permit for the removal
of any Protected Tree. During platting, a permit shall be issued after
preliminary plat approval by Planning and Zoning Commission.
(1)
Submission of a Tree Removal Permit Application to the City shall
authorize the Director of Development Services or designee to conduct
field inspections of the site as necessary to meet the provisions
of this Article and any published Guidelines. After thorough review
of the Tree Removal Permit Application and accompanying documents,
the Director of Development Services or designee will approve as submitted,
approve with conditions, or disapprove the applications.
(2)
All developers and/or builders who have not submitted preliminary
plats as of the effective date of this article shall be subject to
the requirements for tree protection and replacement specified in
this article.
(3)
All areas within public R.O.W., utility easements or drainage easements,
as shown on an approved Preliminary Plat and areas designated as cut/fill
on the master drainage construction plan approved by the Director
of Development Services, shall be subject to the tree protection requirements
specified herein except as otherwise provided herein.
(b)
Municipal/Public Domain Property.
All municipal or public
domain property shall be subject to this Article regarding protection
and replacement specified. A Tree Removal Permit shall be required
with fee exemption for the removal of a Protected Tree. Any Protected
Tree to be removed must be shown on construction plans approved by
the Director of Development Services or designee.
(c)
City/Franchise for Existing R.O.W. and Public Easements.
All construction and maintenance activity within public R.O.W. or
easements shall be subject to the requirements for tree protection
and replacement specified in this article.
(1)
City Projects.
The City shall be subject to the requirements
for tree protection and replacement on all projects. A Tree Removal
Permit shall be required with fee exemption for the removal of a Protected
Tree.
(2)
Pruning.
The owners of all trees adjacent to public
R.O.W. shall be required to maintain a minimum clearance of fourteen
feet (14') above the traveled pavement or curb of a public street.
Said owners shall also remove all dead, diseased or dangerous trees,
or broken or decayed limbs, which shall constitute a menace to public
safety. (The City shall also have the right to prune trees overhanging
within the Public R.O.W. which interfere with the proper spread of
light along the street from a streetlight or interferes with visibility
of any traffic-control device or sign or as necessary to preserve
the public safety.)
(3)
Stump Removals.
All stumps of street and park tree shall
be removed below the surface of the ground so the top of the stump
shall not project above the surface of the ground.
(4)
Franchise and Other Utility Companies.
All utility company
projects shall be subject to the requirements for tree protection
and replacement specified in this article. Companies shall meet beforehand
on-site with Director of Development Services or designee, and obtain
pruning permit before work is begun. Pruning activities by a utility
company must comply with Definitions on Pruning, allowed, Pruning
required, and Tree Topping. Prior to beginning any pruning not requested
by the owner of the tree; the contractor shall submit a Tree Pruning
Request for approval. A Tree Removal Permit must be obtained prior
to the removal of a Protected Tree. This permit must be accompanied
by current pictures, site plan or construction plan meeting the site
plan requirements specified in this article.
(A)
Utility companies may prune trees as necessary to re-establish disrupted
electric service without obtaining a permit.
(B)
Compliance with this article shall be amended to and included with
all future revision of all franchise agreements.
(C)
All trenching shall be designed to avoid trenching across the critical
root zone of any Protected Tree. Although this is not intended to
prohibit the placement of underground service such as electric, phone,
gas, etc., the placement of these utilities is encouraged to be located
outside of the critical root zone of Protected Tree(s).
(D)
Pictures of work site shall be submitted with all permit applications,
and is a requirement for procurement prior to work beginning.
(d)
No
fee shall be charged to make application for a tree removal permit
for the removal of Protected Trees located on real property having
an agricultural zoning district classification. However, if within
any 12-month period, (i) tree removal permits for the removal of twenty
(20) or more Protected Trees are issued for the same agricultural
property or tract, or any of its portions, or (ii) fifty percent (50%)
or more of the trees on the property (where the number of trees on
the property prior to removal is reasonably determined to exceed forty
(40) or more trees) have been removed, the agricultural zoning district
classification of such property cannot be changed, nor can an application
for approval of a subdivision plat, planned development or zoning
amendment relative to such property be made, for a period of 24 months
following the most recent 12-month period during which twenty (20)
or more Protected Trees were removed, or fifty percent (50%) or more
of the trees on the property have been removed, from such agricultural
zoned property.
(e)
Permit Expiration.
Permits for tree removal shall become
void one hundred eighty (180) days after the issue date on the permit.
(Ordinance 2017-06-21, sec. 3 (14.903)
adopted 6/26/17)
Prior to removing a Protected Tree(s) and receiving a tree removal
permit, the applicant shall submit a Tree Removal Permit Application
and pay the application fee to the City. The applicant shall also
submit a written reason for the request to remove the Protected Tree(s),
as well as the following information as applicable:
(a)
Tree Survey.
(1)
Purpose.
The Tree Survey is vital to this article. Its
purpose is to aid in protecting the City's valuable natural resources
during all phases of development and construction. Additionally, the
Tree Survey will help identify; the trees to be mitigated on the site
that may be damaged in the construction zone; determine the trees
that must accommodated in the development of essential streets, utilities
and building construction, and in the adjustment of these streets,
utilities and building envelopes, to protect as much of the native
vegetation as possible.
(2)
Scope.
A Tree Survey shall be conducted on all residential
and nonresidential tracts and be current to within the twenty-four
(24) months immediately prior to submission of and included with the
following:
(3)
Detail.
(A)
The Tree Survey shall be performed by a degreed urban forester, certified
arborist, registered surveyor or qualified personnel as approved by
the Director of Development Services or designee.
(B)
The Tree Survey shall be accurate and include: Location, size (DBH),
species, and trees with health problems (structural integrity, pest
and/or pathogens) with a six-inch (6") or greater caliper. The Tree
Survey information shall be compiled in a tabular format with each
Tree identified by a number corresponding to a numbered tree on the
Site Plan.
(C)
The entire parcel being proposed for development should be included
in the Tree Survey.
(D)
Once the Tree Survey has been accomplished and submitted to the City,
all Trees on the Tree Survey shall be classified as Protected Trees,
with the exception of those classified as Unprotected Tree species
under this article.
(b)
Commercial Development.
Additional requirements for
the tree survey on commercial tracts of land shall require a complete
tree survey, which shall include the following:
(c)
Aerial Photos and Sampling.
With the submittal of a
concept plan or preliminary plat, whichever occurs first for property
containing large, heavily wooded areas, the Director of Development
Services or designee may, in lieu of a tree survey, authorize the
submittal of an aerial photograph accompanied by a transparent plan
of the development at the same scale as the photograph, showing all
non-disturbance areas and proposed exemption areas where no trees
will be critically altered.
For heavily wooded areas where development activity and disturbance
is intended or likely, the Director of Development Services or designee
is authorized, but not required, to accept sampling of the property
in lieu of a tree survey for all or any part of a property, provided
that a tree survey of all other areas is submitted to the Director
of Development Services prior to any grading or construction. Said
Sample or sampling techniques should be representational of the site
or wooded area and should comprise at least fifteen percent (15%)
of the total site or wooded area and the sampling technique shall
be approved by the Director of Development Services or designee prior
to conducting the sample.
The Director of Development Services or designee may approve
the submission of photographs or samples in phases for a multi-phase
project.
(d)
Tree
canopy cover assessment for old-field and undeveloped lots, two (2)
acres or larger, in early succession stages will constitute a fifty
percent (50%) reduction of Class 3 trees when:
(1)
At least 60 percent (60%) of the trees in the stand are Class 3 and
unprotected species; and
(2)
The average tree diameter is less than 12 inches (12") in diameter.
(3)
The tree canopy cover assessment excludes areas within 50 feet (50')
of a 100-year floodplain, 50 feet (50') of a wetland, 50 feet (50')
of an escarpment zone, and 150 feet (150') of a stream bank.
(4)
The trees in the stand are designated in an age class of fifty (50)
years or less by the Director of Development Services or designee
based on site and historic data.
(5)
The stand is assessed and surveyed using tree sampling methods which
provide general species quantity and size approved by the Director
of Development Services or designee.
(e)
Affidavit of No Protected Trees.
If a property contains
no Protected Tree species, or if construction, grading, trenching
or related activities are not to be performed in an area containing
Protected Trees, the applicant may submit an Affidavit of No Protected
Trees in lieu of a tree survey. This affidavit shall act in lieu of
a tree survey upon a determination by the Director of Development
Services that no Protected Trees exist on the site. The Director of
Development Services shall review the Affidavit. The Affidavit shall
be denied or approved when determined if the property contains Protected
Tree(s) or non-protected tree(s) by the Director of Development Services.
(f)
A Tree Preservation Plan.
A tree preservation plan shall
be submitted showing major site construction features, existing trees
to remain, existing trees that may be removed, and replacement trees
showing species, location, number and size. The Tree Preservation
Plan information may be included on the tree survey if all information
can be clearly delineated.
(Ordinance 2017-06-21, sec. 3 (14.904)
adopted 6/26/17)
Any exemption shall be approved by the Director of Development
Services or designee prior to removal of any tree(s). A Tree Removal
Permit and tree protection and replacement requirements shall not
be required under any of the following circumstances.
(a)
Public Safety.
The tree endangers the public health,
welfare of safety and immediate removal is required due to structural
integrity concerns.
(b)
Utility Service Interruption.
The tree has disrupted
a public utility service due to a tornado, storm, flood or other act
of nature. Removal shall be limited to the portion of the tree reasonably
necessary to reestablish and maintain reliable utility service.
(c)
Landscape Nursery.
All licensed plant or tree nurseries
shall be exempt from the tree protection and replacement requirements
and from the tree removal permit requirements only in relation to
those trees planted and growing on the premises of said licensee,
which are so planted and growing for the sale or intended sale to
the general public in the ordinary course of said licensee's business.
(d)
Diseased Trees.
Tree removal is permissible when a tree
is infected with transmittable pathogens, damaged beyond the point
of recovery, or in danger of falling as determined by the Director
of Development Services or designee prior to the removal of the tree.
(e)
Residential Property.
Owners of property zoned as residential,
who reside at the property and use the residence as their primary
residence. Citizens of Lancaster who have a homestead within the City
of Lancaster and own residential rental properties shall have an exemption
on a maximum of two (2) properties for removal of Protected Trees.
(f)
Building Pad.
The building foundation and an area extending
ten feet (10') from the building foundation as shown on an approved
Site Plan shall be exempt from tree replacement and mitigation.
(Ordinance 2017-06-21, sec. 3 (14.905)
adopted 6/26/17)
(a)
Authority for Review.
The Director of Development Services
or designee shall evaluate any plans required by this article for
determination that the applicant has made a good faith effort in saving
as many Protected Trees as possible. An analysis prepared by the Director
of Development Services or designee shall be forwarded to the Tree
Board and the City Council for their consideration regarding denial
or approval of the development in accordance with the procedures set
forth below. The Director of Development Services or designee shall
be responsible for the review and approval of all requests for tree
removal permits submitted in accordance with the requirements specified
herein.
(1)
Deferrals.
The Director of Development Services ?or
designee may defer: the approval of a tree removal permit to the Tree
Board for any reason. All decisions made by the Tree Board shall be
final.
(2)
Appeals.
Decisions made by the Director of Development
Services may be appealed to the City Council. Any such appeal shall
first be considered by the Tree Board. The Tree Board shall forward
a non-binding recommendation to the City Council. All decisions made
by the City Council shall be final.
(b)
Fee Schedules.
The Director of Development Services
or designee shall establish administrative procedures necessary to
facilitate the implementation and enforcement of this article. All
tree removal permits shall be accompanied by a payment made to the
City of Lancaster in the amount established by resolution of the City
Council to cover the cost of review and passed by Resolution.
(Ordinance 2017-06-21, sec. 3 (14.906)
adopted 6/26/17)
(a)
Procedure:
Established and healthy Protected Trees on
a tree removal property may be transplanted within the City. The transplanting
process must conform to operational and safety standards stated in
ANSI A300, as amended, and with ISA Best Management Practices for
Tree Planting, as amended.
(1)
A Protected Tree that meets the requirements of this section is not
considered removed, or seriously injured, if the transplanted tree
is planted and maintained in a healthy growing condition.
(2)
Director of Development Services approval is required before beginning
the transplantation for credit as a landscape tree, or for tree replacement.
(3)
The following information is required to obtain Director of Development
Services approval in this section:
(a)
An initial assessment report must be provided to the Director of
Development Services describing the transplanting practice from beginning
to end, including post-planting care practices.
(b)
A tree survey or landscape plan which identifies the original and
final location of the Protected Tree.
(c)
Company names, contact information, and credentials of contractor
performing work.
(d)
Other information required by the Director of Development Services.
(4)
Credit for transplanted trees.
(a)
Healthy large and medium Protected Trees less than six inches (6")
in diameter qualify for one inch of replacement credit for each inch
of the transplanted tree.
(b)
Healthy large and medium Protected Trees between 6 inches (6") and
less than 12 inches (12") in diameter qualify for two-inch replacement
credit for each inch of the transplanted tree.
(c)
Healthy large and medium Protected Trees between 12 and less than
24 inches in diameter qualify for three-inch replacement credit for
each inch of the transplanted tree.
(d)
Healthy large and medium Protected Trees 24 inches (24") or more
in diameter qualify for five-inch (5") replacement credit for each
inch of the transplanted tree.
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Credit for Transplanted Trees
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|---|---|
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Tree Inches
(diameter)
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Number of Credits
|
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6" or less
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1
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6" - less than 12"
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2
|
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12" - less than 24"
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3
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24" or more
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5
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(Ordinance 2017-06-21, sec. 3 (14.907)
adopted 6/26/17)
A major purpose of this Section is to protect all the Protected
Trees retained on the site for approved development and construction
to occur.
(a)
During Construction.
Minimum requirements for the protection
of all Protected Trees on the development and construction site related,
but not limited to, streets, parking lots, building sites, driveways
and sidewalks shall be strictly adhered to. This shall include:
 |
(1)
Establishing a Building Envelope enclosed with approved fencing;
establishing designated areas for parking all vehicles, trailers,
construction equipment, related items as well as storage of all supplies
and materials;
(2)
Clearly identifying designated restricted areas on construction and
site plans and the project location;
(3)
Proper protection of Drip line of a Protected Tree with appropriate
fencing as defined by the Director of Development or designee;
(4)
Approved bilingual (English and Spanish) signage visibly located
at site;
(5)
Retention and protection of Understory Vegetation and leaf litter
during all phases of development;
(6)
Boring of any underground utilities, which passes within a Protected
Tree or Critical Root Zone; and
(7)
Enactment of preventive measures to prevent grade changes of one-half
inch (1/2") or more, or fill, within a Tree Protection or Critical
Root Zone.
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Additional protective measures may be required by the Director
of Development Services or designee as a condition of permit approval.
Such conditions may be established by the publication of Tree Preservation
Guidelines and/or by attaching conditions of permit approval.
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(b)
Trenching.
All trenching shall be designed to avoid
trenching across the critical root zone of any Protected Tree. Although
this is not intended to prohibit the placement of underground service
such as electric, phone, gas, etc., the placement of these utilities
is encouraged to be located outside of the critical root zone of Protected
Tree(s). Irrigation system trenching shall be placed outside the critical
root zone with only the minimum required single head supply allowed
within that area placed radically [radially] to the tree trunk and
shall be hand trenched with roots cleanly cut or use of air spade
to reduce damage.
(c)
Prohibited Activities.
Prior to and during development
and construction, the following activities shall be prohibited. The
Director of Development Services or designee shall be authorized to
provide more detailed explanations by publication of Tree Preservation
Guidelines or by attachment of conditions to any permit issued pursuant
to this article. All such directions shall be strictly adhered to.
(1)
Clear-cutting of trees on a property for any purpose at any time
except for the exceptions provided for in Section 9.05.
(2)
Construction vehicles and equipment parking and storage around Protected
Trees.
(3)
Storage, placing or disposing of construction and waste materials
around Protected Trees.
(4)
Restrictions and prohibitions on unapproved grade changes that may
damage or destroy Protected Trees.
(5)
Water accumulations due to construction-related activities.
(6)
Unapproved attachments to Protected Trees.
(7)
Removal of more than twenty-five percent (25%) of a Protected Tree's
foliage in a given year. No pruning or topping may significantly disfigure
the tree, or be done in a manner, which would reasonably lead to the
death of the tree.
(8)
Any person acting to circumvent the purpose of this article.
(9)
Impervious materials used in or near Protected Trees.
(10)
Unapproved fencing and bark protection methods on any construction
sites in and near the Protected Tree areas.
(11)
Construction methods such as boring, grade change, trenching, and
root pruning that damage or destroy Protected Trees.
(12)
Placement of fill within the drip line of any Protected Tree on any
undeveloped property.
(Ordinance 2017-06-21, sec. 3 (14.908)
adopted 6/26/17)
(a)
In
the event that it is necessary to remove a Protected Tree(s) as authorized
by this article, the applicant shall be required to replace the tree(s)
being removed with approved trees.
(b)
Except
as provided in this section the minimum total caliper inches of replacement
trees must equal or exceed the total diameter of the protect[ed] trees
removed or seriously injured as listed below:
(1)
Tree classification for mitigation:
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Historic & Heritage Trees:
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3:1
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Specimen Trees:
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1.5:1
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Class 1:
|
1:1
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Class 2:
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0.7:1
|
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Class 3:
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0.4:1
|
(c)
Responsibility and Site Requirements.
The Director of
Development Services or designee shall determine the agent responsible
for replacement, the time frame for replacement and the location of
the new trees. The replacement trees shall be located on the subject
site whenever possible. However, if this is not feasible, the Director
of Development Services or designee has the authority to allow the
planting to take place on another property, including public property.
If the Director of Development Services or designee approves the planting
of replacement trees more than thirty (30) days after the removal
of Protected Trees, the applicant shall provide the City with an affidavit
that all replacement trees will be planted within six (6) months and
maintained by the applicant for a minimum of two (2) years in good
condition. Developers shall plant all the replacement trees identified
on the Mitigation Plan. The Director of Development Services or designee
shall document the date of replacement trees on the reforestation
plan and record for review of the 2-year commitment.
Inasmuch as it is reasonable and feasible, replanting on the
development or construction site will be encouraged in order to restore
the original natural landscape character of the site.
(1)
The Director of Development Services or designee has the authority
to reject any trees not meeting these standards.
(2)
One (1) 6-month extension may be approved by the Director of Parks
?and Recreation or designee due only to seasonal limitations that
would make planting of trees impractical, and shall require an escrow
deposit in an amount equal to one hundred ten percent (110%) of the
mitigated value.
(3)
The applicant shall be required to maintain the replacement trees
in good condition for a minimum of two (2) years. If a replacement
tree dies or is damaged within the initial two-year period, the applicant
shall replace it with a tree approved by the Director of Development
Services or designee.
(d)
Payment in Lieu of Replacement.
(1)
To the extent that tree replacement is not feasible, the Director
of Development Services or designee shall determine in accordance
with the provisions provided herein, the amount of the payment by
the developer or other responsible party. Upon such determination,
said payment shall be made to the City of Lancaster Reforestation
and Natural Area Fund based on the following guidelines:
(2)
For Protected Trees, payment will be made in the amount of one hundred
sixty dollars ($160.00) per one inch (1") DBH. The Director of Development
Services or designee shall be authorized to reduce this amount in
accordance with the following:
(A)
In cases when at least fifty percent (50%) of the required mitigation
is provided by on-site or off-site tree planting, a reduction to not
less than one hundred dollars ($100) per one inch (1") DBH may be
allowed.
(B)
A two (2") inch credit against mitigation and/or reparations may
be authorized for each inch of large tree that is preserved and designated
as Specimen, Historic, or Heritage tree. Designation of Specimen,
Historic, Champion, or Heritage trees not located on the same property
may also be used for this credit upon review and approval of same.
The property owner or responsible party for said tree designated as
a Specimen, Historic, or Heritage tree shall be responsible for the
care and maintenance of said tree.
(C)
A one (1") inch for one (1") inch credit against mitigation and/or
payment shall be authorized for the preservation of any tree provided
that:
(i)
Said tree to be preserved is a minimum of six (6) caliper inches
and is listed as a Class 1 tree.
(ii)
Said tree to be preserved is located in an exempted area or
is otherwise free from mitigation and/or reparations requirements.
(iii)
Said tree is protected from future removal, destruction or critical
alteration by the establishment of protective covenants, easements,
or agreements.
(3)
Subsequent removal[,] damage, or critical alteration of any tree
used for credit as identified in this section shall require mitigation
replacement and/or reparations in accordance with this article.
(4)
If any Protected and/or Replacement Tree(s) dies within two (2) years
of initial planting or issuance of Certificate of Occupancy and is
brought to the attention of the Director of Development Services or
designee, the original permit applicant shall be subject to the same
replacement fee as for a Protected Tree;
(5)
Money paid in lieu of tree replacement made in compliance with this
section shall be considered contributions to the LRNA Fund.
(6)
The LRNA Fund shall be used for purchasing and planting trees on
public property, acquiring property that shall remain in a naturalistic
state in perpetuity through outright purchase or Development Rights,
and assisting in the cost of administering this article.
(7)
The Director of Development Services or designee shall be authorized
to temporarily defer the payment of any mitigation or reparation fees
when such action is deemed to be warranted due to unique circumstances,
such as when the amount of mitigation is subject to change, when a
development agreement is pending, or other similar transitory circumstances.
Any such deferred fee shall be rectified and paid in full prior to
the filing of a plat in the County records.
 |
(Ordinance 2017-06-21, sec. 3 (14.909)
adopted 6/26/17)
(a)
Mitigation.
If the Director of Development Services
determines that, due to inhospitable soil. conditions or inadequate
space, it would be impracticable or imprudent for the responsible
party to plant a replacement tree on the tree removal property the
responsible party may comply with one or more of the following requirements:
(1)
Donate the replacement tree to the City's Parks and Recreation Department,
with the approval of the Director of the Parks and Recreation Department.
(2)
The responsible party may pay for the installation of irrigation
in a City park with the approval of the Director of the Parks and
Recreation Department or designee if the number of inches being planted
by the Parks and Recreation Department meets a minimum of fifty percent
(50%) of the required replacement inches.
(3)
Plant the replacement trees on another City-authorized property,
the responsible property must obtain the written approval of the following:
(A)
The property owner where the replacement trees will be planted and
the responsible party, to transfer responsibility for the replacement
tree under this article to the receiving party.
(B)
A site plan indicating the address of the property where the replacement
tree will be planted, and a site plan indicating the location of the
replacement tree.
(C)
The agreement may be structured to allow a nonprofit association
dedicated to tree advocacy or conservation of land to plant, manage,
and monitor replacement tree.
(4)
Grant a conservation easement to the City that combine[s] Protected
Trees with a combined caliper equal to or exceeding the caliper for
which mitigation is being requested. The City Manager is authorized
to accept and approve on behalf of the City a conservation easement
to conserve trees and other natural features.
(A)
Detailed baseline document prepared by a qualified professional describing
the properties physical and biological condition, the general age
of any tree stands, locations of easements and construction, and the
conservation values protected by the easement.
(B)
Parcels identified through the Parks and Recreation Master plan as
future potential open space may be donated to the City as approved
by the City Manager.
(b)
Street Trees and Open Space.
New developments incorporating
Traditional Neighborhood Design with a minimum of fifteen percent
(15%) open space, Conventional Design with a minimum of twenty percent
(20%) open space) or Conservation Design with a minimum of twenty-five
percent (25%) open space and the provision of street trees shall be
exempt from the mitigation applicable for Protected Tree loss within
rights-of-way (R.O.W.) areas. For purposes of this section the following
apply:
(1)
Street trees shall be planted an average of thirty feet (30') on
center, in minimum five-foot (5') wide planter strips located between
the curb and minimum five-foot (5') wide sidewalk. In secondary areas
without planter strips, trees shall be kept as close to the sidewalk
to provide shade canopy, be aligned to visually frame the street,
avoid sidewalk damage, and minimize water consumption. Street trees
shall be of a limited selection of tree species, as listed in the
City's Approved Plant List, to give them a unified and distinct image.
(2)
Tree species and placement shall be designed to avoid the use of
a single species, to visually frame streets and to create an identifiable
and distinct image.
(3)
Adequate sight distances must be maintained, in order to ensure safety.
(4)
Infrastructure shall be engineered and constructed to assure placement
of street trees will not be injurious to utilities, vision clearance,
or other public improvements.
(5)
Maintenance of "street trees" including adequate irrigation shall
be provided by homeowners individually or shall be incorporated into
the homeowner association (HOA) and business development agreements.
(Ordinance 2017-06-21, sec. 3 (14.910)
adopted 6/26/17)
(a)
Overhead Lines.
Any required replacement trees shall
not be planted within an area such that the mature canopy of the selected
tree will interfere with overhead utility lines.
(b)
Underground Utilities.
Any required replacement trees
or street trees shall not be planted within an area such that the
mature root zone of the tree will interfere with underground public
utility lines (including water lines, sewer lines, transmission lines
or other utilities). Selection of tree species whose root systems
are the least invasive to utilities may be considered.
(c)
Fire Hydrants.
No trees shall be planted within ten
feet (10') of a fire hydrant.
(d)
Street Corners.
No street trees shall be planted closer
than thirty-five feet (35') of any street corner, measured from the
point of nearest intersecting curbs or curb-lines.
(Ordinance 2017-06-21, sec. 3 (14.911)
adopted 6/26/17)
(a)
Acceptable Trees.
The City shall maintain a list of
acceptable trees for planting along streets, buffer yards, medians,
within parks, or within other public areas. Trees other than those
listed as acceptable may only be planted within said public areas
upon approval of the Director of Development Services.
(b)
Street Tree Spacing.
The spacing of street trees will
be in accordance with recommendations of the Director of Development
Services. Closer spacing or group plantings may be approved by the
Director of Development Services in unique situations.
(c)
Homeowner Associations (HOAs), PIDs or Property Owners.
HOAs, public improvement districts (PIDs) or property owners shall
maintain a clearance above the street level of fourteen feet (14'),
seven to eight feet (7' to 8') above sidewalks, and branching of trees
out of the Visibility Triangle. Landscape maintenance of street trees
to accommodate buses and service vehicles shall be incorporated into
homeowner association and business agreements. HOAs and PIDs will
be responsible for replacement of trees along public rights-of-way
within their neighborhoods.
(d)
Public Tree Care.
The City shall have the right to prune
and maintain street trees, and park trees within the lines of all
streets, alleys, avenues, lanes, squares, and public grounds, as may
be necessary to insure public health, safety and welfare. The City
may, by determination of the Director of Development Services or designee,
remove, cause or order to be removed, any tree or part thereof which
is in an unsafe condition; or which by reason of its nature may be
injurious to sewers, electric power lines, gas lines, water lines,
vision clearance or other public improvements.
(Ordinance 2017-06-21, sec. 3 (14.912)
adopted 6/26/17)
(a)
Developer's Agreement.
No developer's agreement shall
be approved which does not state that all construction activities
shall meet the requirements of this article.
(b)
Building Permit.
No building permit shall be issued
unless the applicant signs an application or permit request which
states that all construction activities shall meet the requirements
of this article.
(c)
Acceptance of Improvements.
No acceptance of public
improvements shall. be authorized until all fines for violation of
this article have been paid to the City or otherwise disposed of through
the Municipal Court. No acceptance of public improvements shall be
authorized until all replacement trees have been planted, or appropriate
payments have been made to the Reforestation Fund; however, the acceptance
of public improvements may be authorized before all trees have been
replaced provided a fiscal security deposit is posted in the amount
equal to one and one-half times (1-1/2 x) the prevailing rate for
installed trees with a two (2) year guarantee, plus fifteen percent
(15%) to cover administrative costs. Said deposit shall be forfeited
if subject trees are not planted within thirty (30) days of notification
by the Director of Development Services or designee.
(d)
Certificate of Occupancy.
No Certificate of Occupancy
shall be issued until all fines for violations of this article have
been paid to the City or otherwise disposed of through the Municipal
Court. No Certificate of Occupancy shall be issued until all replacement
trees have been planted or appropriate payments have been made to
the Reforestation Fund; [provided,] however, that a Certificate of
Occupancy may be granted before all trees have been replaced provided
a fiscal security deposited is posted in the amount equal to one and
one-half times (1-1/2 x) the prevailing rate for installed trees with
a two (2) year guarantee, plus fifteen percent (15%) to cover administrative
costs. Said deposit shall be forfeited if subject tree(s) are not
planted within thirty (30) days of notification by the City of Lancaster.
(Ordinance 2017-06-21, sec. 3 (14.913)
adopted 6/26/17)
(a)
In
addition to any criminal penalty for violation of this article, any
person, firm, corporation, agent, City, state, or federal organization
or employee thereof who violates the provisions of this article where
such violation results in the removal or damage to applicable trees
shall be guilty of a misdemeanor and upon conviction shall be assessed
a civil penalty of one hundred ninety-five dollars ($195.00) per diameter
inch of the tree(s) removed or damaged.
(b)
The
unlawful injury, destruction or removal of each Protected Tree shall
be considered a separate incident, and each incident subjects the
violator to the penalty set forth herein per tree. Allegation and
evidence of a culpable mental state is not required for the proof
of an offense defined by this article.
(c)
Removal of Public Trees.
It shall be deemed a violation
of this article for any person or firm to engage in the business or
occupation of pruning, treating, or removing street or park trees
within the City without first adhering to the requirements of this
article and procuring approval from the Director of Development Services.
(d)
Violations and Assessments.
Violations of this article
and nonpayment of fines levied will be attached to property involved
through standard legal methods.
(e)
Any
person, firm, corporation, agent, City, state, or federal organization
or employee thereof who violates a procedural requirement or who fails
to comply with conditions established with a permit issued by the
Director of Development Services or designee pursuant to this article
shall be guilty of a misdemeanor and upon conviction shall be fined
five hundred dollars ($500.00) per violation. Each procedural violation
or failure to comply each day shall be considered a separate incident,
and each incident subjects the violator to the penalty set forth herein.
(Ordinance 2017-06-21, sec. 3 (14.914)
adopted 6/26/17)
