Any person, firm or corporation who violates any provision of this article, or who fails to comply therewith or with any of the requirements hereof, or who commences construction or development of any real property in violation of any plan submitted or approved under this article, or who fails to obtain a permit where required herein, or who erects, occupies or alters any structure or building or commences to erect, occupy, or alter any structure or building in violation of any plan submitted or approved under this article, shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined in accordance with the general penalty provision found in section 1.01.009 of this code. Each and every day such violation exists shall constitute a separate offense. The owner of the building, structure, property or premises, or part thereof, where such violation exists, and any architect, builder, contractor or agent employed in connection therewith who may have assisted in the commission of any such violation, shall each be deemed guilty of a separate offense and, upon conviction, shall be subject to the penalties provided. The removal of each protected tree shall constitute a separate and distinct offense. In addition to the penalties hereinabove provided, the town may, at its option, pursue compliance with the terms and provisions of this article by injunctive relief in the appropriate courts of the county.
(Ordinance 290-02 adopted 1/15/02; 2004 Code, sec. 3.506)
(a) 
It is the town’s intention that the rural nature of the town be conserved by not cutting down trees, even when it is more convenient and economical to do so.
(b) 
It is not the town’s intention to deny individual homeowners the right to manage their own property.
(c) 
The town’s intention is to disallow the removal of trees without a permit.
(d) 
Every reasonable effort must be made to protect the town’s trees. The trees listed in section 3.05.007 are defined as “protected trees.” If a protected tree is removed, then it must be replaced by one or more protected trees in accordance with the provisions of this article. The trees listed in section 3.05.007 must be protected unless they are located within the following areas or within four feet (4') of these areas:
(1) 
Building pad and appurtenant structures; and
(2) 
Rights-of-way and utility easements.
(e) 
A tree mitigation fee will not be assessed for the removal of a tree that:
(1) 
Is diseased or dead;
(2) 
Poses an imminent or immediate threat to persons or property as determined by the building official or designated representative; or
(3) 
(A) 
Is located on a property that is an existing one-family or two-family dwelling that is the person’s residence; and
(B) 
Is less than ten inches (10") in diameter at the point on the trunk four and one-half feet (4.5') above the ground.
(Ordinance 290-02 adopted 1/15/02; 2004 Code, sec. 3.501; Ordinance 631-18 adopted 1/16/18)
(a) 
Trees removed pursuant to section 3.05.002(d)(1) and (2) do not require replacement.
(b) 
Replacement trees shall be container-grown and have a minimum caliper width of two inches (2") measured at four feet six inches (4'6") above ground level. Replacement trees shall have a minimum height of at least six feet (6'), and shall be planted in a location(s) approved by the building official or designated representative.
(c) 
Container-grown trees must have a root ball to trunk diameter ratio of 10:1 or greater. The hole should be dug no deeper than the root ball so that the root ball rests on firm, undisturbed soil and will not sink or settle when the tree is watered in. The hole may be dug as wide as desired. Backfill the hole with a 4:1 ratio of native soil to well-rotted compost.
(d) 
In the event that a removed protected tree cannot be replaced, then the applicant shall apply in writing to the town for a variance from the board of adjustment. The application for a variance shall state in detail the reasons why a removed protected tree cannot be replaced.
(e) 
If the removal of trees pursuant to section 3.05.002(d) results in less than three (3) trees per lot, then the landowner shall replace the number of trees up to at least three (3) container trees. Any replacement tree must be of a hardwood variety and at least 2 inches (2") in diameter measured four-half [four and one-half] feet (4-1/2') above the ground.
(f) 
Within twelve (12) to eighteen (18) months following issuance of a tree removal permit, the property for which such permit was issued will be inspected by the town. If the inspection reveals that any replacement trees have died or are not expected to survive, then the applicant shall replace such dead or dying trees within ninety (90) days following notice. In the event that the applicant fails to replace the dead or dying trees, then the penalties provided herein may be sought by the town.
(Ordinance 290-02 adopted 1/15/02; 2004 Code, sec. 3.502; Ordinance 631-18 adopted 1/16/18)
Before the town may issue a permit for tree removal, the applicant must do the following:
(1) 
Tender to the town the appropriate fee as stated in the town’s current fee resolution;
(2) 
File a plat with the town that locates and identifies each protected tree on the property as well as each protected tree to be removed; and
(3) 
Tag with a red ribbon each protected tree to be removed.
(4) 
Tree mitigation fee credit: A tree mitigation fee credit is available for those who plant replacement trees as listed in section 3.05.003, and the credit is calculated as follows:
(A) 
The credit will be equal to the amount of the tree mitigation fee assessed against the person if the property is an existing one-family or two-family dwelling that is the person’s residence;
(B) 
At least 50 percent of the amount of the tree mitigation fee assessed against the person if:
(i) 
The property is a residential structure or pertains to the development, construction, or renovation of a residential structure; and
(ii) 
The person is developing, constructing, or renovating the property not for use as the person’s residence; or
(C) 
At least 40 percent of the amount of the tree mitigation fee assessed against the person if:
(i) 
The property is not a residential structure; or
(ii) 
The person is constructing or intends to construct a structure on the property that is not a residential structure.
(Ordinance 290-02 adopted 1/15/02; 2004 Code, sec. 3.503; Ordinance 631-18 adopted 1/16/18)
(a) 
Before any person who owns, manages or is in possession of property within the town that is not designated as the person’s homestead may remove any tree identified in section 3.05.002(d) of this article, the person must obtain a permit to remove such tree(s).
(b) 
As used in this article, a homestead is defined to mean a home that has been designated as the homestead of a family or a single adult person, which shall consist of not more than 10 acres of land which may be in one or more contiguous lots, together with the improvements thereon.
(c) 
No protected tree shall be removed prior to issuance of a building permit. Protected trees to be removed must be inspected by the town’s designated representative prior to removal.
(Ordinance 290-02 adopted 1/15/02; 2004 Code, sec. 3.504)
(a) 
Prior to construction or land development, a four-foot-high (4') plastic (or equivalent) safety fencing shall be placed around no less than one-half (1/2) the protected root area or the drip line, whichever is greater. The critical root area of a tree extends all directions as far from the trunk as the tree is tall. The protected root area is an area radiating from the trunk with a minimum radius of seven feet and a total area not less than half the critical root area of the protected tree.
(b) 
Clearly mark and restrict vehicles and machinery, off-loaded materials and chemical storage areas outside the protected root area of protected trees.
(c) 
Prior to construction or land development, designated parking areas shall be established for the parking and maintenance of all vehicles, trailers, construction equipment and related items and designated stockpile areas for the storage of construction supplies and materials during construction. The location and dimensions of said designated areas shall be clearly identified on both the subdivision construction and site plans and shall be approved by the town’s authorized designee prior to construction of any kind.
(d) 
During construction, the cleaning of equipment or materials and/or the disposal of any waste material, including, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy or protected root area of any protected trees is prohibited.
(e) 
No attachments of any kind, other than those of protective nature, shall be attached to any protected tree.
(f) 
With major grade changes of six inches (6") or greater, a retaining wall or tree well of rock, brick, landscape timbers or other approved materials shall be constructed around a protected tree not closer than the protected root area of a protected tree. The top of the retaining wall or tree well shall be constructed at the new grade.
(g) 
Unless otherwise approved by the town, no construction or construction-related activity shall occur under the protected root area of any protected tree.
(h) 
Any trees removed during land development, construction or construction-related activities shall be chipped or hauled off-site. No diseased trees shall be chipped. Burning of removed trees is prohibited.
(i) 
Pruning for vehicular and machinery clearance is encouraged to prevent structural damage to protected trees.
(j) 
Route plumbing, irrigation, septic and utility lines around the protected root area of protected trees and run parallel in close proximity to each other to open as few trenches and sever as few roots as possible.
(k) 
Avoid trenching more than one side of protected trees.
(l) 
When trenches are needed in the protected root area such as with piping for sprinkler heads, route the trenches in the protected root zone in a line radial to the trunk so as to intersect as few roots as possible.
(m) 
Re-cut root ends that have been damaged or torn by trenching before trenches are closed to promote healing and regeneration of new roots.
(n) 
Control and limit on-site soil storage. Do not pile soil over the protected root area of protected trees.
(o) 
Fertilize roots in trenched areas to promote root development.
(p) 
Accomplish vegetation management, such as brush removal in the protected root area by hand to damage as few of the feeder roots as possible.
(q) 
During construction, apply a two-inch (2") to four-inch (4") organic mulch layer in the protected root areas of protected trees wherever the natural vegetation and leaf litter mulch has been removed.
(Ordinance 290-02 adopted 1/15/02; 2004 Code, sec. 3.505)
(a) 
The measurement used is the diameter of the tree four and one-half feet (4-1/2') from the ground.
(b) 
Any tree with a diameter of 12" or more is a protected tree.
(c) 
Protected trees with a diameter of 10" or more:
(1) 
Post oak, Quercus stellata.
(2) 
Blackjack oak, Quercus marilandica.
(3) 
Pecan, Carya illinoensis.
(4) 
American elm, Ulmus americana.
(5) 
Shumard red oak, Quercus shumardii.
(6) 
Sycamore, Platanus occidentalis.
(7) 
White ash, Fraxinus americana.
(8) 
Bald cypress, Taxodium distichum.
(9) 
Bur oak, Quercus macrocarpa.
(10) 
Cedar elm, Ulmus crassifolia.
(11) 
Water oak, Quercus nigra.
(12) 
American sweetgum, Liquidambar styraciflua.
(13) 
Chinkapin oak, Quercus muehlenbergii.
(14) 
Live oak, Quercus virginiana.
(15) 
Osage orange, Maclura pomifera.
(16) 
Eastern red cedar, Juniperus virginiana.
(17) 
Texas ash, Fraxinus texansis.
(18) 
Common persimmon, Diospyros virginiana.
(19) 
Winged elm, Ulmus alata.
(20) 
Eve’s necklace, Sophora affinis.
(21) 
Possumhaw holly, Ilex decidua.
(22) 
Roughleaf dogwood, Cornus drummondii.
(23) 
Southern wax myrtle, Myrica cerifera.
(24) 
Yaupon holly, Ilex vomitoria.
(25) 
Carolina buckthorn, Rhamnus caroliniana.
(26) 
Mexican buckeye, Ungnadia speciosa.
(27) 
Eastern redbud, Cercis canadensis.
(28) 
Mexican plum, Prunus mexicana.
(29) 
Texas redbud, Cercis canadensis var. texensis.
(Ordinance 290-02 adopted 1/15/02; 2004 Code, sec. 3.507; Ordinance 631-18 adopted 1/16/18)