The purpose of this article is to establish rules and regulations
governing the protection of trees and vegetation cover within the
city, to encourage the protection of healthy trees and vegetation
and to provide for the replacement and replanting of trees that are
necessarily removed during construction, development and redevelopment.
It is the further purpose of this article to achieve the following
broader objectives:
(1)
Prohibit
the indiscriminate clearing of property.
(2)
Promote
site planning that furthers the preservation of mature trees and natural
areas.
(3)
Maintain
and enhance property values and a positive image for the attraction
of new residents and business enterprises to the city.
(4)
Protect
healthy protected trees that contribute to noise reduction, air protected,
glare reduction, and promote the natural ecological environmental
and aesthetic qualities of the city.
(5)
Promote
site planning that is sensitive to the location of existing trees
in an effort to save protected trees evenly distributed across the
city to reduce the need to overplant public property.
(6)
Provide
for a permitting and enforcement procedure.
(Ordinance 2021-15 adopted 10/19/21)
The planning and zoning commission of the city is hereby
designated as the tree board.
A plan that requires replacement of trees or payment of funds
into a tree replacement fund for those areas/trees that are subject
to tree protection. The mitigation plan shall provide for a 1:1 caliper
inch replacement ratio of protected trees removed on a property. Tree
replacement may take place on the same lot that tree removal took
place or within the development that tree removal took place.
Any protected tree as defined by this article that has a
diameter of twenty-four inches (24") or greater measured at four and
one-half (4-1/2) feet above ground.
A tree that is listed within this article (see exhibit A)
and has a diameter of six inches (6") or greater measured at four
and one-half (4-1/2) feet above ground. For a multi-trunk tree, the
diameter shall be the total diameter of the largest trunk plus half
(1/2) the diameter of each additional trunk (see exhibit D).
Any activity causing the trees to be removed, damaged, cut,
injured, or destroyed.
A tree of a minimum of two inches (2") in caliper measured
at four and one-half (4-1/2) feet above ground, and a minimum of seven
feet (7') in height at the time of planting (see exhibit I).
A survey of protected and trees indicating size, type and
location of trees, done by a professional land surveyor, civil engineer,
landscape architect, or arborist.
The severe cutting back of limbs to stubs larger than three
inches (3") in diameter within the tree’s crown to such a degree
so as to remove the normal canopy and disfigure the tree.
(Ordinance 2021-15 adopted 10/19/21)
The terms and provisions in this article shall apply to real
property as follows: All projects/developments that have not submitted
a plat, construction plans, site plan or building permit, whichever
is applicable, as of the effective date of this article shall be subject
to the requirements for tree protection and replacement specified
herein. Approval of development plans for compliance with this article
may be by the city council, tree board, or city staff, whichever is
applicable by city regulations. Developer must demonstrate that all
options have been considered to preserve as many trees as possible
in accordance with this article.
(1)
Single-family residential subdivision developments.
(A)
A developer shall submit an aerial photo of the property showing
the tree coverage. An overlay of the proposed development showing
all improvements including rights-of-way, easements, lot patterns,
etc., shall be superimposed on the aerial photo. This document shall
be provided with the submittal of a zoning application. If zoning
is not applicable for a property, then this document shall be submitted
at time of platting. The aerial photo and plan overlay shall be to
the scale of a minimum of 1" = 100' and must be legible and clear
to read. The aerial photo shall also be of recent date taken within
two (2) years or less of the submittal date. If the scale is impractical
for the project, alternatives may be considered by the development
review committee. Aerial photographs may be rejected for submittal
if it does not meet the above requirements.
(B)
A tree survey and tree mitigation plan for all areas of soil disturbance
and construction activity including all work within rights-of-way
and easements shall be submitted with the zoning application. If zoning
is not applicable for a property, then this document shall be submitted
at time of platting or construction plans, whichever is first.
(i)
The tree survey and tree mitigation plan shall be approved and signed
by a certified arborist and licensed surveyor.
(ii)
The information submitted on a tree survey and tree mitigation
plan shall not be older than two (2) years.
(iii)
The tree survey and tree mitigation plan will be reviewed in
conjunction with grading plans and these plans must be consistent
with each other.
(C)
The requirement of a tree survey and tree mitigation plan may be
appealed to the tree board. If sufficient information is provided
to review the various provisions of this article and the tree board
determines that a tree survey and tree mitigation plan is not necessary,
the tree board may recommend that this requirement may be waived by
the city council. The city council shall make the final decision on
whether a tree survey and tree mitigation plan are necessary for a
development.
(D)
In cases of severe drainage issues related to the site, the city
staff and/or the developer may request from the tree board and city
council to perform lot grading and pad site preparation in conjunction
with or following the clearing of rights-of-way and easements but
prior to the issuance of building permit(s). In order for the tree
board to consider the request for pad site grading in advance of issuance
of a building permit, a tree survey as defined in this article, an
erosion control plan including erosion control seeded mat placement
and a tree removal plan shall be submitted. The erosion control mat
shall be placed over all graded areas to remain unimproved for more
than five (5) calendar days post grading. The tree removal plan shall
reflect the areas for proposed tree removal necessary to provide for
a finished pad site and a minimum finished floor elevation of the
slab. The proposed pad site shall not exceed the maximum pad site
area as defined in this article. The tree removal in these areas shall
be mitigated in accordance with this article. The tree board makes
recommendation to the city council that they grant permission for
advance lot grading. The decision of the city council is final.
(2)
Undeveloped single-family residential lot owned by home builder/individual
owner.
(A)
A tree survey and protection plan showing all protected trees and
all proposed improvements within the lot shall be submitted with a
building permit application.
(B)
A tree removal permit is required prior to any new construction on
an undeveloped lot or additions to existing lots/structures. This
permit may be obtained in conjunction with a building permit or as
a separate permit. A separate permit must meet all the criteria of
this article and will not be accepted if a building permit is imminent.
(C)
All area within the building pad as defined in this article including
driveway and public sidewalk as shown on a site plan approved by the
city may be removed and shall be exempt from the tree protection and
replacement requirements specified herein. An additional twenty percent
(20%) of total remaining protected trees on a lot may be removed without
penalty for other construction purposes such as parking, patio, septic
tank and lateral lines, swimming pool and deck areas. Any additional
tree removal in excess of twenty percent (20%) shall be subject to
the tree replacement and mitigation requirements defined herein.
(3)
Nonresidential development.
(A)
A developer/applicant shall submit an aerial photo of the property
showing the tree coverage at the time of zoning or specific use permit
application, whichever occurs first. An overlay of the proposed development
showing all improvements including rights-of-way, easements, lot patterns,
etc., shall be superimposed on the aerial photo. This document shall
be provided with the submittal of a concept plan for zoning, development
plan, zoning exhibit. The aerial photo and plan overlay shall be to
the scale of a minimum of 1" = 50' and must be legible and clear to
read. The aerial photo shall also be of recent date taken within two
(2) years or less of the submittal date. If the scale is impractical
for the project, alternatives may be considered by the development
review committee. Aerial photographs may be rejected for submittal
if it does not meet the above requirement.
(B)
A tree survey and tree mitigation plan showing all protected trees
and all proposed improvements shall be submitted with a planned development
zoning change, specific use permit, site plan, plat or engineering
plans, whichever comes first.
(i)
The tree survey and tree mitigation plan shall be approved and signed
by a certified arborist and licensed surveyor.
(ii)
The information submitted on a tree survey and tree mitigation
plan shall not be older than two (2) years.
(iii)
The tree survey and tree mitigation plan will be reviewed in
conjunction with grading plans and these plans must be consistent
with each other.
(C)
A tree removal permit is required for all nonresidential developments
and may be obtained in conjunction with a building permit or as a
separate permit.
(D)
All trees within street rights-of-way, utility or drainage easements,
building pads, driveways, and fire lanes as shown on an approved site
plan may be removed and shall be exempt from the tree protection and
replacement requirements specified herein. An additional twenty percent
(20%) of the remaining protected trees may be removed without penalty
for parking lots and/or for grading and drainage purposes. Any additional
tree removal in excess of twenty percent (20%) shall be subject to
the tree replacement and mitigation requirements as defined herein.
(4)
Requirements for developed homestead.
The owner of property of ten (10) acres or less that is used for a homestead shall be exempt from the tree protection and replacement requirements specified herein. Developed homesteads of more than ten (10) acres, shall be subject to the requirements of subsection (5) below, agricultural property. Properties identified on the city zoning map or the future land use map as nonresidential shall not be exempt from the requirements of this article.
(5)
Requirements for agricultural property.
(A)
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 tax exemption. However, if within any twelve (12)-month
period, tree removal permits for the removal of twenty (20) or more
protected trees measured ten inches (10") in caliper or greater are
issued for the same agricultural property or tract, or any of its
portions, the agricultural zoning district classification of such
property cannot be changed, nor can an application for approval of
a development plan, planned development or zoning amendment relative
to such property be made, for a period of sixty (60) months following
the most recent twelve (12) month period during which twenty (20)
or more protected trees were removed from such agricultural zoned
property.
(B)
The property owner may request from the planning and zoning department
to make an on-site inspection of the property to be cleared and provide
the city the purpose and reason for the clearing. If the director
of planning and development or his/her designee determines the clearing
of land to be for a legitimate, agricultural reason, a tree removal
permit may be issued. The decision of the director of planning and
development may be appealed to the city council.
(6)
Requirements for municipal/public domain property, rights-of-way
and easements.
(A)
All construction and maintenance activities within municipal/public
domain property, rights-of-way or easements by the city, franchise
utility companies, cable providers, telecommunication providers, and
cemeteries shall be in accordance with this article and may be subject
to the requirements for tree protection and replacement specified
herein if extensive protected trees are removed for the project.
(B)
A tree removal permit shall not be required and trees may be removed
within the public right-of-way and franchise utility easements. However,
no construction or maintenance activity shall begin until construction
plans showing protected trees to be removed and the limit of construction
activity have been approved by the director of public services. Franchise
utility companies are exempted from this requirement.
(C)
A tree removal permit shall be required, and trees may not be removed
without a permit, for construction or maintenance activity within
private easements for the extraction, collection and transmission
of natural gas or other minerals. Franchise utility companies shall
be exempted from this requirement.
(D)
A list of trees acceptable for planting along streets, within parks
or other public areas or for replacement and mitigation is attached
to this article. Trees other than those listed as acceptable may be
planted only upon approval of the development review committee.
(E)
The city shall have the right to plant, prune, and maintain street
trees and park trees within the municipal/public domain property as
may be necessary to insure public safety or to preserve or enhance
the symmetry and beauty of such public properties. The city may remove
or cause or order to be removed any tree or part thereof that is in
an unsafe condition, or that by reason of its nature is injurious
to sewers, electric power lines, gas lines, water lines or other public
improvements, or which is affected with any injurious fungus, insect
or other pest.
(Ordinance 2021-15 adopted 10/19/21)
A tree removal permit shall be issued and tree protection and
replacement requirements shall not be required under any of the following
circumstances. The burden of proof as a qualified exemption is upon
the remover of a tree.
(1)
Approved plans.
All construction activities for which
final construction plans and building permit applications have been
submitted prior to the effective date of this article shall be exempt.
(2)
Developed homesteads.
The owner of property of five
(5) acres or less that is used for a homestead shall be exempt from
the tree protection and replacement requirements specified herein.
No tree removal permit shall be required.
(3)
Diseased trees.
The tree is diseased, damaged beyond
the point of recovery, or in danger of falling as determined by the
development review committee prior to the removal of the tree. The
removal of a diseased tree by the city or an individual is required
to reduce the chance of spreading the disease to adjacent healthy
trees.
(4)
Public safety.
The tree endangers the public health,
welfare or safety and immediate removal or pruning is required.
(5)
Utility service interruption.
The tree has disrupted
a public utility service due to a tornado, storm, flood or other act(s)
of God. Removal shall be limited to the portion of the tree reasonably
necessary to reestablish and maintain reliable utility service.
(6)
Landscape nursery.
All licensed plant or tree nurseries
shall be exempt from the requirements of this article as they pertain
to those trees planted and growing on the premises of said licensee
that are so planted and growing for the sale or intended sale to the
general public in the ordinary course of said licensee’s business.
(Ordinance 2021-15 adopted 10/19/21)
(a)
The
clear-cutting of land as defined in this article is prohibited and
all permits for tree removal shall be subject to this article.
(b)
No
grading or tree removal shall take place on any undeveloped property
without obtaining a tree removal permit unless exempted by this article.
(c)
All
trees not listed as a protected tree within this article may be removed
with a tree removal permit.
(d)
The
removal of selected trees from within a densely forested area when
done in a professionally accepted manner shall be allowed as a single
permit upon approval by the development review committee. Approval
will only be granted when it is determined that the selective thinning
is being done in a manner that would enhance the environment and likelihood
of survival for the remaining trees.
(e)
Where
protected tree removal is allowed through exemption or by a 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. Where stump removal
is also desired, stump grinding shall be allowed, or upon approval
of the city, a trench may be cut between the two trees sufficient
to cut the roots near the tree to be removed, thereby allowing removal
of the remaining stump without destruction of the root system of the
saved tree.
(Ordinance 2021-15 adopted 10/19/21)
(a)
Authority
for review: An application for a tree removal permit shall be submitted
to the planning and zoning department for building permit purposes
or public services department for infrastructure improvements, grading
or drainage purposes, whichever is applicable during the construction
process.
(b)
The
development review committee shall be responsible for the review and
approval of all requests for tree removal permits submitted in accordance
with the requirements specified herein.
(c)
The
development review committee may defer the approval of a tree removal
permit to the tree board for any reason. The decision of the tree
board shall be final.
(d)
Any
decision made by the development review committee may be appealed
to the tree board for recommendation to the city council. The decisions
of the city council shall be final.
(e)
The
city shall establish administrative procedures necessary to facilitate
the implementation and enforcement of this article.
(f)
A
request for a tree removal permit must be submitted and approved prior
to the removal of any protected tree in the city unless the tree is
exempt under a provision of this article.
(g)
All
tree removal permits shall be accompanied by a payment made to the
city in the amount specified by city council.
(h)
Either
an aerial photo and transparency and/or a tree survey shall be submitted
with any tree removal permit as determined by the development review
committee and must include the items referenced in this article.
(i)
Permits
for tree removal issued in connection with a building permit and/or
site plan shall be valid for the period of that building permit’s
or site plan’s validity. Permit(s) for tree removal not issued
in connection with a building permit or a site plan shall become void
one hundred eighty (180) days after the issue date on the permit.
Upon expiration, a new permit shall be required.
(j)
The
appropriate body as described herein, being either the development
review committee, tree board, or the city council shall consider a
tree removal permit based on the following criteria:
(1)
Whether or not a reasonable accommodation or alternative solution
can be made to accomplish the desired activity without the removal
of the tree;
(2)
The cost of preserving the tree as a factor of the project’s
cost;
(3)
Whether the tree is worthy of preservation given its age and remaining
life expectancy, current health, and any other influential factors
as determined by the planning and zoning department and the parks
department. In the event there is disagreement between the two departments,
a disinterested third-party arborist may be retained for a professional
opinion;
(4)
The effect of the removal on erosion, soil moisture, retention, flow
of surface waters, and drainage systems;
(5)
The need for buffering of residential areas from the noise, glare,
and visual effects of nonresidential uses;
(6)
Whether the tree interferes with a utility service;
(7)
Whether the proposed tree replacement pursuant to the tree replacement
requirements hereof adequately mitigates the removal of the tree;
(8)
Any other factors deemed to be in the interest of preserving or protecting
the health, safety and welfare of the city and its citizens.
(k)
Any
tree(s) removed in conjunction with a tree removal permit shall be
chipped or hauled off site. Burning of removed tree(s) under a tree
removal permit is prohibited.
(Ordinance 2021-15 adopted 10/19/21)
(a)
In the event that it is necessary to remove a protected tree as specified in this article, the party removing the tree shall be required to replace the protected trees being removed with trees as defined herein (see article 6.08 - exhibit A). A sufficient number of trees shall be planted to equal or exceed the diameter (measured at four and one-half (4-1/2) feet above ground level of each tree removed. This mitigative measure is not meant to supplant good site planning. Tree replacement will be considered only after all design alternatives, which could save more existing trees, have been evaluated and reasonably rejected. Said replacement trees shall be a minimum of two-inch (2") diameter (measured at four and one-half (4-1/2) feet above ground) and seven feet (7') in height when planted.
(b)
At
the time of review, the agent responsible for placement, the time
of replacement, and the location of the new trees will be determined
by the development review committee. The replacement trees shall be
located on the same property that trees were removed whenever possible.
However, if this is not feasible, they may be placed on a designated
property as agreed to by the tree board. If the tree board approves
the planting of replacement trees more than thirty (30) days after
the removal of protected trees, the applicant shall provide the planning
and zoning department with an affidavit that all replacement trees
will be planted within six (6) months. A replacement tree that dies
within two (2) years of the date it was planted must be replaced by
another replacement tree in compliance with this article.
(c)
Mitigation
fee, credit, and incentive for preservation:
(1)
If approved by the director of planning and development or designee,
the applicant, in lieu of compliance with this subsection, may pay
a mitigation fee into the reforestation fund, which shall be a special
account administered by the city. The funds shall be used for purchasing,
planting, transplanting, and maintaining trees for a period of three
years on public property, including public and/or capital improvement
projects, street beautification projects, or for acquiring and preserving
wooded property. The amount of the mitigation fee required shall be
$200.00 per caliper inch of protected trees to be replaced, and $500.00
per caliper inch of large trees to be replaced. Other eligible uses
of reforestation funds shall be to support programs for the public
purpose of increasing the tree canopy within the city and/or educating
citizens and developers on the preservation, care, and maintenance
of trees. Proceeds from the reforestation fund shall not be used to
meet any requirements for preservation, mitigation, landscaping, buffering,
streetscaping, or similar requirements of a developer’s private
property unless approved by the city council. Voluntary contributions
for tree planting shall be placed in the tree fund.
(2)
Whenever a mitigation fee is imposed in accordance with this article,
a mitigation fee credit will be given for replacement tree(s), that
are at least two inches in diameter at the point on the trunk four
and one-half feet above ground, planted on the property for which
the tree mitigation fee was assessed or property mutually agreed upon
by the town and the person. The calculation for the credit will be
done in the same manner as the tree mitigation fee assessed against
the person and be:
(A)
Fifty percent of the amount of the tree mitigation fee assessed against
the person if:
(3)
For any large tree shown on a tree survey that is preserved within
a project/development area, a $500.00 per caliper inch credit for
preservation shall be given that will be counted toward any mitigation
fee owed.
(Ordinance 2021-15 adopted 10/19/21)
(a)
The
city may request to enter a property following the approval of a tree
removal permit, or development plans for a property to inspect the
site for any trees marked for removal that may be transplanted. The
city will pay all costs associated with the removal and transplantation
of designated trees to public parks, public facilities or public rights-of-way.
(b)
Tree
protection: A major purpose of this article is to protect all protected
trees, which are not required to be removed, to allow approved construction
to occur. The following procedures are required:
(1)
All construction plans shall include the necessary documents as requested
by the development review committee to review the tree preservation
plan.
(2)
The following activities shall be prohibited within the limits of
the critical root zone of any protected tree subject to the requirements
of this article.
(A)
Material storage: No materials intended for use in construction or
waste materials accumulated due to excavation or demolition shall
be placed within the limits of the critical root zone of any protected
tree. However, this restriction shall not apply to material storage
in areas exempt from the tree protection and replacement requirements
(e.g., building pad, driveway, patios, parking lot, etc.)
(B)
Equipment cleaning/liquid disposal: No equipment shall be cleaned
or other liquids deposited or allowed to flow overland within the
limits of the critical root zone of a protected tree. This includes,
without limitation, paint, oil, solvents, asphalt, concrete, mortar
or similar materials.
(C)
Tree attachments: No signs, wires or other attachments, other than
those of a protective nature, shall be attached to any protected tree.
Fencing attached to a tree via “U” nails or bent nails
when only at points of tangency with the trees are allowed.
(D)
Vehicular traffic: No vehicular and/or construction equipment traffic
or parking shall take place within the limits of the critical root
zone of any protected tree other than on an existing street pavement.
This restriction does not apply to single incident access within the
critical root zone for purposes of clearing underbrush, establishing
the building pad and associated lot grading, vehicular traffic necessary
for routine utility maintenance or emergency restoration of utility
service or routine mowing operations.
(E)
Grade changes: No grade changes shall be allowed within the limits
of the critical root zone of any protected tree unless adequate construction
methods are approved by the development review committee or if grading
is as directed by the city’s drainage inspector.
(F)
Impervious paving: No paving with asphalt, concrete or other impervious
materials in a manner that may reasonably be expected to kill a tree
shall be placed within the limits of the critical root zone of a protected
tree. If a protected tree dies within five (5) years of issuance of
a certificate of occupancy for nonresidential construction or final
building inspection for residential construction, due to construction
activity or impervious paving around the critical root zone of the
tree, the property owner shall submit a mitigation plan and tree replacement
in accordance with this article shall be required.
(3)
A protected tree shall be considered to be preserved only if a minimum
of seventy-five percent (75%) of the critical root zone is maintained
at undisturbed natural grade and no more than twenty-five percent
(25%) of the canopy is removed due to building encroachment or as
recommended by a certified arborist.
(4)
The following procedures shall be followed on all types on construction
projects (i.e. residential subdivisions, commercial, multi-family,
industrial developments, residential builders and municipal/public).
(A)
Tree flagging or marking: Trees that are shown on an approved plan
by the city for preservation/protection shall be flagged with bright
fluorescent orange vinyl tape or ribbon wrapped around the main trunk
at a height of four and one-half feet (4.5') or more such that it
is very visible to workers operating construction equipment. Trees
that are marked for preservation/protection shall have protective
fencing in accordance with the requirements of this article.
(B)
Protective fencing: In those situations where a protected tree is
so close to the construction area that construction equipment might
infringe on the root system or is within twenty feet (20') of the
construction area, a protective fencing shall be required between
the outer limits of the critical root zone of the tree and the construction
activity area. Four feet (4') high protective fencing shall be supported
at a maximum of ten feet (10') intervals by approved methods. All
protective fencing shall be in place prior to commencement of any
major site work involving heavy equipment for construction of utilities
and roadways and shall remain in place until all site work has been
completed. This provision does not apply to clearing the right-of-way
for the purpose of access to the site for site preparation.
(C)
Protective fencing shall not be required for clearing the rights-of-way
for the purpose of access to the site. Once the site is accessible
by heavy equipment, protective fencing shall be placed in accordance
with this article.
(Ordinance 2021-15 adopted 10/19/21)
No protected tree shall be pruned in a manner that significantly
disfigures the tree or in a manner that would reasonably lead to the
death of the tree.
(1)
Allowed pruning.
Protected trees may be strategically
pruned to allow construction or demolition of a structure. All pruning
shall take place in accordance with approved arboricultural techniques
and the recommendations of exhibit G. Reasonable pruning of trees
also may be performed or contracted to be performed by the owner of
the tree when unrelated to construction activity.
(2)
Required pruning.
The owners of all trees adjacent to
public right-of-way 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 that constitute a menace to the
safety of the public. The city shall also have the right to prune
trees overhanging within public right-of-way that interfere with the
proper spread of light along the street from a street light or interfere
with visibility of any traffic control device or sign or as necessary
to preserve the public safety.
(3)
Tree topping.
It shall be unlawful as a normal practice
for any person, firm, or city department to top any street tree, park
tree or other tree on public property. 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 city.
(Ordinance 2021-15 adopted 10/19/21)
(a)
Overhead lines.
Any required replacement trees shall
not be planted within an area such that the mature canopy of the tree
will be within ten feet (10') of overhead utility lines.
(b)
Underground utilities.
Any required replacement trees
or street trees shall not be planted within five feet (5') of underground
public utility lines, including water lines, sewer lines, transmission
lines or other utilities. No trees may be planted within five feet
(5') of a fire hydrant.
(c)
Street corners.
No street tree shall be planted closer
than twenty-five feet (25') of any street corner, measured from the
point of nearest intersecting curbs or curb lines.
(Ordinance 2021-15 adopted 10/19/21)
(a)
Permit required.
No development or grading activity
shall commence until all applicable requirements of this article are
met and a notice to proceed or a tree removal permit has been issued
for the site.
(b)
Acceptance of improvements.
No acceptance of public
improvements shall be authorized until it is determined that all requirements
of this article are met and all fines for violations 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 tree reforestation fund.
(c)
Certificate of occupancy.
No certificate of occupancy
for nonresidential construction or final building inspection for residential
construction shall be issued until it is determined that all requirements
of this article are met and 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 tree reforestation fund.
(d)
Notwithstanding
the above provisions, public improvements may be accepted and certificate
of occupancy may be issued before all trees have been replaced if
an escrow account is established by the city in the amount equal to
the prevailing rate for installed trees with a two (2) year guarantee,
plus fifteen percent (15%) to cover administrative costs.
(Ordinance 2021-15 adopted 10/19/21)
(a)
Any
person, firm, corporation, agent, or employee thereof who violates
the provisions of this article by removing trees without a permit
shall be guilty of a misdemeanor and upon conviction hereof shall
be fined in an amount not to exceed two hundred and fifty dollars
($250.00) per caliper inch of the tree(s) removed or damaged not to
exceed two thousand dollars ($2,000.00) per incident.
(b)
A
person firm, corporation, agent, or employee thereof violates any
other provisions of this article shall be guilty of a misdemeanor
and upon conviction hereof shall be fined a minimum of five hundred
dollars ($500.00) but not to exceed two thousand dollars ($2,000.00)
per incident. The unlawful injury, destruction or removal of each
protected tree shall be considered a separate incident and each incident
subjects the violator to the maximum penalty set forth herein per
tree.
(Ordinance 2021-15 adopted 10/19/21)
|
Exhibit A. Protected Trees
| |
|---|---|
|
Common Name
|
Botanical Name
|
|
Afghan (Eldarica) Pine
|
Pinus eldarica
|
|
American Elm
|
Ulmus americana
|
|
Arizona Cypress
|
Cupressus arizonica
|
|
Bald Cypress
|
Taxodium distichum
|
|
Birds of Paradise
|
Caesalpinia gilliesii
|
|
Black Walnut
|
Juglans nigra
|
|
Buckeye, Texas
|
Aesculus arguta
|
|
Caddo Maple
|
Acer saccharum var. caddo
|
|
Carolina Buckthorn
|
Rhamnus caroliniana
|
|
Cedar Elm
|
Ulmus crassifolla
|
|
Chinese Pistache
|
Pistachia chinensis
|
|
Crepe Myrtle (tree form)
|
Lagerstroemia indica
|
|
Deodar Cedar
|
Cedrus deodora
|
|
Desert Willow
|
Chilopsis linearis
|
|
Eastern Red Cedar
|
Juniperus virginiana
|
|
Eves Necklace
|
Sophora affinis
|
|
Hollywood Juniper
|
Juniperus chinensis ‘Torulosa’
|
|
Japanese Black Pine
|
Pinus thunbergiana
|
|
Juniper, Blue Point
|
Juniperus chinensis ‘Blue Point’
|
|
Juniper Wichita Blue
|
Juniperus scopulorum ‘Wichita’
|
|
Lacebark Elm
|
Ulmus Parvifolia
|
|
Little Gem Magnolia
|
Magnolia grandiflora ‘Little Gem’
|
|
Mexican Buckeye
|
Ungnadia speciosa
|
|
Mexican Plum
|
Prunis mexicana
|
|
Oak (Bigelow, Bur, Chinquapin, Durrand, Lacey, Live, Post, Shumard,
Southern Live, Texas Red)
|
Quercus spp.
|
|
Pecan
|
Carya illinoiensis
|
|
Possumhaw Holly
|
Ilex decidur
|
|
Red Buckeye
|
Aesculus pavia
|
|
Red Cedar
|
Juniperus virginiana
|
|
Redbud
|
Cercis canadensis
|
|
Rose of Sharon
|
Hibiscus syriacus
|
|
Rusty Blackhaw Viburnum
|
Viburnum rufidulum
|
|
Southern Magnolia
|
Magnolia grandiflora
|
|
Texas Ash
|
Fraxinus texensis
|
|
Texas Buckeye
|
Aesculus arguta
|
|
Texas Hickory
|
Carya texana
|
|
Texas Persimmon
|
Diospyros texana
|
|
Thornless Honey Locust
|
Gleditsia triacanthos
|
|
Vitex
|
Vitex agnus-castus
|
|
Wax Myrtle
|
Myrica cerifera
|
|
Western Soapberry
|
Sapindus drummondii
|
|
Winter/Bush Honeysuckle
|
Lonicera fragrantissima
|
|
Yaupon Holly
|
Ilex vomitoria
|
|
Exhibit B. Construction Plan Requirements
| ||
|
The following shall be required as a part of all construction
plans submitted to the city when tree removal or tree protection is
required during any phase of site work or construction.
| ||
|
1.
|
A tree preservation detail sheet shall include the following
at a minimum.
| |
|
|
a.
|
A graphics legend to be used throughout the plans for the purposes
of showing the following: Trees to be flagged, protective fencing,
trees requiring bark protection, boring, areas of cut and fill impacting
protected trees.
|
|
|
b.
|
Graphic tree exhibit showing the features of a tree to include the critical root zone, trunk, canopy, drip line and method of caliper measurement (see article 6.08 - exhibits C and D).
|
|
|
c.
|
Graphic exhibits showing methods of protection to include snow
fences, boarded skirts, etc.
|
|
|
d.
|
Graphic exhibits showing construction methods to include grade
changes, boring, trenching, etc.
|
|
|
e.
|
Graphic exhibits showing appropriate pruning practices (see article 6.08 - exhibit F).
|
|
2.
|
All requirements of this article shall be shown graphically
as needed on the construction plans.
| |
|
Exhibit C. Tree Exhibit
 |
|
Critical root zone (CRZ):
|
The area of undisturbed natural soil around a tree defined by
a concentric circle with a radius equal to the distance from the trunk
to the outermost portion of the drip line.
|
|
Drip line:
|
A vertical line run through the outermost portion of the canopy
of a tree and extending to the ground.
|
|
Exhibit D. Measurement Methods
 |
|
Diameter measurement:
|
The diameter of the protected tree shall be measured as shown.
The diameter of a multi-trunk tree shall be determined by adding the
total diameter of the largest trunk to 1/2 the diameter of each additional
trunk.
|
|
Exhibit E. Example Builder Site Plan
 |
|
Exhibit F. Tree Pruning Recommendations
 |
 |
 |
 |
|
Exhibit G. Preferred Survey Nomenclature and Legend
 |
|
Exhibit
H. Tree Protection Fencing
 |
|
Exhibit I. Replacement Tree List
| ||
|---|---|---|
|
Large Trees (above 35 feet)
| ||
|
|
Common Name
|
Botanical Name
|
|
*
|
Afghan (Eldarica) Pine
|
Pinus eldarica
|
|
*
|
American Elm
|
Ulmus americana
|
|
*
|
Arizona Cypress
|
Cupressus arizonica
|
|
|
Bald Cypress
|
Taxodium distichum
|
|
|
Black Walnut
|
Juglans nigra
|
|
*
|
Buckeye, Texas
|
Aesculus arguta
|
|
*
|
Oak (Bigelow, Bur, Chinquapin, Durrand, Lacey, Live, Shumard,
Southern Live, Texas Red)
|
Quercus spp.
|
|
*
|
Caddo Maple
|
Acer saccharum var. caddo
|
|
*
|
Cedar Elm
|
Ulmus crassifolla
|
|
*
|
Chinese Pistache
|
Pistachia chinensis
|
|
|
Deodar Cedar
|
Cedrus deodora
|
|
*
|
Eastern Red Cedar
|
Juniperus virginiana
|
|
*
|
Lacebark Elm
|
Ulmus Parvifolia
|
|
*
|
Pecan
|
Carya illinoiensis
|
|
|
Red Cedar
|
Juniperus virginiana
|
|
|
Southern Magnolia
|
Magnolia grandiflora
|
|
*
|
Texas Ash
|
Fraxinus texensis
|
|
*
|
Texas Hickory
|
Carya texana
|
|
*
|
Thornless Honey Locust
|
Gleditsia triacanthos
|
|
*
|
Western Soapberry
|
Sapindus drummondii
|
|
|
*Low or low-med water demand (Taken from Texas A&M drought
tolerant Smartscape (TM) list)
| |
(Ordinance 2021-15 adopted 10/19/21)
