The purpose of this article is to promote a superior community
environment, to maintain the rural character, to maintain air quality
and ecological balance, to maintain property values, and to ensure
the maximum preservation of the valuable natural features and scenic
rural, and tree-covered character of the community as contemplated
in the city’s comprehensive plan by establishing regulations
regarding the protection of trees and natural vegetation.
(Ordinance 2017-09 adopted 3/21/17)
For the purposes of this article, the following terms shall
be defined as follows:
Critical root zone.
A circle on the ground corresponding to the drip line of
the tree; or the diameter of the tree trunk in inches at 4.5 feet
height, multiplied by twelve.
Grand tree.
A native mature tree with a minimum diameter of twenty-four
(24) inches measured four and one-half (4.5) feet off natural ground.
Multi-trunk trees.
The calculated size of the tree shall be equal to the caliper
of the largest trunk between ground level and four and one-half (4.5)
feet high plus half (1/2) the sum of all remaining trunk diameters
larger than three (3) inches.
Protected tree.
A living tree within the city with a caliper larger than
sixteen (16") inches measured four and one-half feet off natural ground.
Protective barricades.
A temporary barrier system that is erected to preserve and
prevent damage to trees during construction activities.
Site plan/construction plan.
A site plan is an architectural plan, landscape architecture
document, and a detailed engineering drawing of proposed improvements
to a given lot for construction of commercial projects or multi-family
residential projects. A site plan usually shows a building footprint,
travel ways, parking, drainage facilities, sanitary sewer lines, water
lines, trails, lighting, and landscaping elements. Such a plan of
a site is a “graphic representation of the arrangement of buildings,
parking, drives, landscaping and any other structure that is part
of a development project.” A site plan is a set of construction
drawings that a builder or contractor uses to make improvements to
a property. Site plans are often prepared by a design consultant who
must be either a licensed engineer, architect, landscape architect
or land survey.
(Ordinance 2022-02 adopted 11/16/21)
(a) The
following tree species shall not be planted in the city due to their
high susceptibility to oak wilt:
(1) Texas Red oak (Quercus texana);
(2) Spanish oak (Quercus buckleyi);
(3) Shumard oak (Quercus shumardii);
(4) Southern red oak (Quercus falcata);
(5) Blackjack oak (Quercus marilandica); and
(6) Other members of the red or black oak group.
(b) Existing,
viable, trees of the above prohibited species are hereby grandfathered
as of the date of adoption of Ordinance 2022-02.
(Ordinance 2022-02 adopted 11/16/21)
A tree survey shall be submitted with all construction plans
and building plans. All tree surveys must be certified by a surveyor.
The survey shall show all existing protected and grand trees of the
following species: Oaks, Elms, Cypress, Maples, Pecans, Sycamores
and Palms. Each tree shall be tagged, and a tree list shall show type
and size of each tree. The tree survey shall show a calculated tree
dripline drawn for each tree at one (1) foot radius per inch of diameter.
The tree survey shall be performed by a registered professional licensed
surveyor within one year of submittal to the city.
(Ordinance 2022-05 adopted 3/15/22)
Unless otherwise specified by this article, a person must not,
directly, or indirectly, cut down, destroy, move, remove, or effectively
destroy through damaging any protected or grand tree situated on property
regulated by this article without first obtaining a building permit,
site plan or construction plan approval. This only applies to vacant
lots or undeveloped land and does not apply to developed lots, medians,
or right-of-way.
(Ordinance 2022-05 adopted 3/15/22)
(a) A
building permit or construction permit must be issued by the development
services department before a protected or grand tree may be removed
from an undeveloped property or vacant lot. A permit is not required
to remove a protected or grand tree from a developed lot.
(b) A
building permit or construction permit shall not be required for the
removal of a protected or grand tree under the following circumstances:
(1) The tree is dying, dead, or diseased to the point that restoration
is not practical.
(2) Public safety. If the tree endangers the public health, welfare or
safety, and immediate removal is required as determined in writing
by the development services director.
(3) Utility service disruption. A building or construction permit shall
not be required if a tree has disrupted a public utility service due
to a tornado, storm, flood, or other act of God.
(c) Trees
shall not be removed from right-of-way or adjacent property without
written permission from the owner of the right-or-way property.
(Ordinance 2022-02 adopted 11/16/21; Ordinance 2022-05 adopted 3/15/22)
The following measures should be taken to care for protected
trees during all construction activities within the city limits:
(1) Protective
barricades shall be installed around all protected trees and grand
trees before any construction activities commence on a site.
(2) Barricades
shall be installed at no less than ten (10') feet from a protected
tree or at the designated protective root zone.
(3) Protective
barricades shall be comprised of wood, fencing, or other solid materials.
(4) Protective
barricades shall be a minimum of three (3') feet in height with horizontal
and vertical structural members designed to prevent damage to existing
landscaping.
(5) The
parking or storage of vehicles, equipment or other materials is prohibited
within the protective root zone.
(6) Barricades
shall only be removed after construction activities have been completed
and the site is ready for final landscape activities.
(Ordinance 2017-09 adopted 3/21/17)
(a) Enforcement.
The city shall have the power to administer
and enforce the provisions of this article as may be required by governing
law. Any person violating any provision of this article is subject
to suit for injunctive relief as well as prosecution for criminal
violations. Any violation of this article is hereby declared to be
a nuisance.
(b) Criminal prosecution.
Any person violating any provision
of this article shall, upon conviction, be fined a sum not exceeding
five hundred dollars ($500.00), except as may be otherwise expressly
provided by state law. Each day that a provision of this article is
violated shall constitute a separate offense. An offense under this
article is a misdemeanor.
(c) Civil remedies.
Nothing in this article shall be construed
as preempting or waiving the rights of third parties from instituting
any action for remedies against site operators or permittees. Nothing
in this article shall be construed as a waiver of the city’s
right to bring a civil action to enforce the provisions of this article
and to seek remedies as allowed by law, including, but not limited
to the following:
(1) Injunctive relief to prevent specific conduct that violates this
article or to require specific conduct that is necessary for compliance
with this article;
(2) A civil penalty up to one thousand dollars ($1,000.00) for each day
a violation occurs, when it is shown that the defendant was actually
notified of the provisions of this article and after receiving notice
committed acts in violation of this article or failed to take action
necessary for compliance with this article; and
(Ordinance 2017-09 adopted 3/21/17)