(a)
The purposes
of this article are to establish rules and regulations governing the
protection of trees and vegetation cover within the Town of Double
Oak, to encourage the protection of healthy trees and vegetation,
and to provide for replacement and replanting of trees that are necessarily
removed during construction, development or redevelopment.
(b)
The provisions
of this article allow trees located within necessary public rights-of-way
and easements to be removed prior to issuance of a building permit.
Trees within the buildable area of a property may also be removed.
All other tree removal is subject to the permit requirements of Section
3.1505 hereof.
(c)
In compliance
with the spirit and intent of this article, residential property owners
are encouraged to assist in the identification and preservation of
historic and specimen trees that may exist on their property. Advice
in this regard may be obtained from the town secretary, building inspector
and/or the planning and zoning commission.
(Ordinance 40-A adopted 3/21/00)
The following definitions shall apply to this article.
Means that portion of a lot or building site, exclusive of
the required yard area, on which a structure or building improvements
may be erected, and includes the primary and accessory buildings,
driveway, parking lot, pool and other structures as shown on the site
plan. The buildable area shall include sufficient adjacent area to
allow the normal operation of construction equipment.
Means a vertical line run through the outermost portion of
the crown of a tree and extending to the ground.
Means a tree which has been found by the town to be of notable
historic interest because of its age, type, size or historic association
and which has been so designated as part of the official records of
the town.
Means any individual, corporation, partnership, association
or other artificial entity, or any agent or employee of the foregoing.
Means a tree which has been determined by the town to be
of high value because of its type, size or other professional criteria,
and which has been so designated as part of the official records of
the town.
Means any self-supporting woody perennial plant which has
a trunk diameter of three inches or more when measured at a point
of four and one-half feet above ground level and which normally attains
an overall height of at least twenty feet at maturity, usually with
one main stem or trunk and many branches. It may appear to have several
stems or trunks as in several varieties of oak.
Means the front, side and rear yard areas as required under
the comprehensive zoning ordinances and the zoning district requirements
applicable thereto.
(Ordinance 40-A adopted 3/21/00)
(b)
This
article shall not apply to trees located in the yard area of developed
and owner occupied residential property, except historic or specimen
trees as defined herein, and those parts of trees and branches which
overhang and extend laterally into the space over public roadways
as set forth in Section 3.1504, "Tree Trimming/Pruning-Public Roadways,"
of this article.
(Ordinance 40-A adopted 3/21/00)
(a)
All property
owners of real property on which there are trees in the yard area
with branches that extend into or over the space of any street, alley
or public roadway shall periodically inspect such trees to determine
the extent of overhang or lateral protrusion into or over such streets,
alleys, or public roadways.
(b)
To prevent
scratch damage to motor vehicles, improve driver visibility, and promote
public safety, overhanging branches of trees shall not extend lower
than 12 feet above the surface of any street, alley or public roadway.
Tree branches below 12 feet that extend laterally toward the roadway
are to be trimmed or pruned back to a distance of not less than 5
feet from the edge of the paved surface of the street, alley, or public
roadway or flush with the trunk of the tree if the tree is closer
than 5 feet to the edge of the paved portion of the street.
(c)
Property
owners shall pay particular attention to those conditions where tree
branches or foliage may restrict the view of motor vehicle drivers
at public road junctions and intersections. Additionally, trees and
tree branches that are dead, diseased or otherwise weakened, and extend
out and over the public roadways and are above the 10-foot height
space requirement, shall be considered to be hazardous trees in accordance
with the terms of this article and shall be cut at the trunk or, where
appropriate, pruned, and removed.
(Ordinance 40-A adopted 3/21/00)
No person shall, directly or indirectly, cause, suffer, permit
or allow the cutting down, destruction, removal, or damaging, of any
tree, specimen tree or historic tree situated on property described
in this article without first obtaining a tree permit, unless the
conditions of Section 3.1511 hereof apply.
(Ordinance 40-A adopted 3/21/00)
(a)
Permits
for removal or replacement of trees covered in this article shall
be obtained by making application on a form prescribed by the town
to the town's building inspector. The application shall be accompanied
by a written document indicating the reasons for removal or replacement
of trees, and two copies of a plat or plan identifying the location,
size (trunk diameter and height) and common names of each tree to
be removed. The foregoing plat or plan shall be in addition to, and
not in lieu of, any other plans, plats, or drawings which may be required
by other ordinances or regulations, and shall be drawn to the largest
practicable scale indicating:
(1)
the
location of all existing or proposed structures, improvements and
site uses, property dimensions and references to property lines, setback
and yard requirements and special relationships;
(2)
the
existing and proposed site elevations, grades and major contours;
(3)
the
location of existing or proposed utility easements; and
(4)
the
location of the trees on the site to be removed or replaced.
(b)
Tree
information required above shall be summarized in legend form on the
plan and shall include the reason for the proposed removal or replacement.
(c)
An application
involving developed property may be based on drawings showing only
that portion of the site directly involved, adjacent structures, and
landscaping or natural growth incidental thereto.
(d)
Aerial
photographs, at an appropriate scale, may be substituted at the discretion
of the building inspector for a site plan if adequate site information
is supplied on the aerial photographs.
(Ordinance 40-A adopted 3/21/00)
Where an application is submitted in conjunction with development
applications for new subdivisions, preliminary plans, and plat applications,
the planning and zoning commission shall review the application as
part of the plan or plat review process, subject to review and approval
by the town council. The building inspector shall review applications
for previously approved or platted lots. Such reviews may include
a field inspection of the site and the application may be referred
to such departments as deemed appropriate for review and recommendations.
If the application is made in conjunction with a site plan submitted
for approval, the application will be considered as part of the site
plan; and no permit shall be issued without site plan approval. Following
review and inspection, the permit applications will be approved, disapproved
or approved with conditions by the planning and zoning commission
or building inspector, as appropriate, in accordance with the provisions
of this article.
(Ordinance 40-A adopted 3/21/00)
(a)
No tree
or trees shall be removed prior to issuance of a building permit unless
one of the following conditions exists:
(1)
the
tree is located in a utility easement, public street, right-of-way,
or drainage easement;
(2)
the
tree is not living, or so diseased or damaged as to be in danger of
falling;
(3)
the
tree interferes with utility service or creates unsafe visibility
clearance;
(4)
the
tree conflicts with other ordinances or regulations; or
(5)
the
trees are willows, mesquites or thorn trees.
(b)
In the
event that a tree located outside of a utility easement, public street,
right-of-way, or drainage easement is requested to be removed to allow
the operation of equipment, the applicant shall submit a plat and
site plan which indicates the exact operational area needed. The building
inspector may approve selected removal under this condition.
(c)
Except
for the above, under no circumstances shall clear-cutting of trees
on any property prior to issuance of a building permit be allowed.
(d)
Upon
issuance of a building or other permit authorizing commencement of
construction, no person, including but not limited to builders or
developers, shall be allowed to remove trees located on the property
except within the buildable area of the property or as otherwise permitted
herein. Trees located in required yard areas, buffers and open space
areas shall not be removed unless expressly authorized under the terms
and provisions of this article.
(Ordinance 40-A adopted 3/21/00)
(a)
In the
event that an applicant seeks to remove a tree which is located outside
the buildable area, as a condition to issuance of a tree removal permit,
the building inspector may require replacement of the tree(s) with
comparable trees somewhere within the site.
(b)
A sufficient
number of trees shall be planted to equal in diameter the tree removed.
Such replacement trees shall be a minimum of three inches in diameter
and seven feet in height when planted, and shall be selected from
the list of approved replacement trees maintained by the building
inspector as approved by the planning and zoning commission from the
recommendations of the County Extension Service, if any.
(c)
At the
time of application review, the building inspector or the planning
and zoning commission, where appropriate, shall determine the person
responsible for replacement, the time of replacement, and the location
of the replacement trees.
(Ordinance 40-A adopted 3/21/00)
(a)
During
any construction or land development, the property owner, builder
or developer shall clearly mark all trees to be maintained and may
be required to erect and maintain protective barriers around all such
trees or group of trees. No person shall cause, suffer, permit or
allow the storage or placement of equipment, materials, debris or
fill to be placed within the drip line of any tree, nor shall any
person cause, suffer, permit or allow the movement of equipment with
the drip line unless such movement within the drip line is within
the operational area of construction and is necessary to preserve
the tree.
(b)
During
any construction or development, no person, including but not limited
to property owners, builders and developers, shall cause, suffer,
permit or allow the cleaning of equipment or material under the canopy
or within the drip line of any tree or group of trees. No person shall
cause, suffer, permit or allow the disposal of any debris, construction
materials, paper, lumber, wood, brick, or other waste material such
as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar,
etc., under the canopy or drip line of any tree or groups of trees.
(c)
No attachment
or wires of any kind, other than those of a protective nature, shall
be attached to any tree.
(Ordinance 40-A adopted 3/21/00)
(a)
In the
event that any tree shall be determined to be in a hazardous or dangerous
condition so as to endanger the public health, welfare or safety,
and which is required to be immediately removed without delay, authorization
may be given by the building inspector and the tree may then be removed
without obtaining a permit as herein required.
(b)
During
the period of an emergency such as a tornado, storm, flood or other
act of God, the requirements of this article may be waived as may
be deemed necessary or appropriate by resolution or ordinance of the
town council.
(c)
All licensed
plant or tree nurseries shall be exempt from the requirements of this
article only for those trees planted and growing on the premises of
such licensee which are so planted and growing for the purposes of
sale or intended sale in the ordinary course of the licensee's business.
(d)
Utility
companies franchised by the town may remove trees or parts thereof
which endanger the public health, safety or welfare or which interfere
with utility service. Where such trees are on owner-occupied properties
developed for single-family use, disposal of such trees shall be at
the option of the property owner.
(Ordinance 40-A adopted 3/21/00)
(a)
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 set forth in Section 1.109 of this code.
Each and every day such violation exists or is permitted to exist
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 herein provided. Upon conviction,
the judge may order the defendant to replace the tree or trees with
other trees equal to or greater in height, diameter and type of that
which was unlawfully removed.
(b)
In addition
to the penalties hereinabove provided, the town may, it its option,
pursue compliance with the terms and provisions of the article by
injunctive relief in the appropriate courts of Denton County, Texas.
(Ordinance 40-A adopted 3/21/00)
