This Chapter shall be effective within the corporate limits
of the Town, including any areas subsequently annexed by the Town.
(Ordinance 06-222, sec. 2, adopted 4/10/06; Ordinance 2009-267, sec. 2, adopted 1/12/09)
The following words shall have the meanings as indicated:
The actual base area of a building and an area not to exceed
six feet (6') around the foundation necessary for construction and
grade transitions.
The diameter of the trunk of a tree measured twelve inches
(12") above grade.
The indiscriminate removal of protected trees from a site
or tract.
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 by machinery, storage of materials, or the compaction
of soil above the root system of a tree; a change in the natural grade
above the root system of a tree; an application of herbicidal chemical(s)
or the misapplication of beneficial chemical(s); excessive pruning;
placement of impervious pavement over the root system of a tree; or
trenching or boring within the critical root zone.
The area of native 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, as referenced in Figure 2.
The diameter at breast height (dbh) is the tree trunk diameter
measured in inches at height of four and one-half feet (4-1/2') above
ground level.
A committee comprised of staff members from the Town, as
referenced herein, responsible for the review and approval, where
applicable, of all applications and requests submitted relative to
this Chapter. The Development Review Committee shall consist of the
Town Administrator and Town Engineer, or their designees.
A vertical line run through the outermost portion of the
canopy of a tree and extending to the ground, as referenced in Figure
2, or, if a tree is damaged or deformed, a circular area with a radius
equal to two feet per caliper inch.
Chain-link fencing, orange vinyl construction fencing or
other fencing at least four feet (4') in height and supported at a
maximum of ten-foot intervals by approved methods sufficient to keep
the fence upright and in place. The fencing shall be of a highly visible
material.
The removal of dead, injured or diseased limbs or roots to
maintain plant health or the removal of limbs or roots to control
or direct vegetative growth.
The Town of Copper Canyon, Texas.
Any self-supporting, woody perennial plant which will attain
a trunk diameter of two inches (2") or more when measured at a point
six inches (6") above ground level.
A tree as listed in the Approved Tree List, as referenced
in Figure 1, that has a diameter of four inches (4") or greater measured
at four and one-half feet (4-1/2') above ground level. For a multi-trunk
tree, the diameter shall be the total diameter of the largest trunk
plus one-half (1/2) of the diameter of each additional trunk.
A tree as listed in the Approved Tree List, as referenced in Figure 1, that has a minimum number of caliper inches, pursuant to Section 7 of this Ordinance [Section 7.7] and a minimum height of seven feet (7'), measured at ground level, at time of planting.
A company or entity, or agent for a company or entity, which
provides to Town residents and/or customers a retail utility service
such as the provision of gas, electric, cable or telephone service
in the Town.
A company or entity, or agent for a company or entity, which
provides a utility service such as the provision of gas, electric,
cable or telephone service in the Town.
(Ordinance 06-222, sec. 2, adopted 4/10/06; Ordinance 2009-267, sec. 2, adopted 1/12/09)
The terms and provisions of this Chapter apply to all property
as follows:
A.
All vacant
(without structures), undeveloped land, greater than two (2) acres
in size.
B.
All property
to be subdivided or resubdivided, including final plats and replats.
C.
Oil and gas
development sites, including but not limited to those associated with
drilling or exploration activities, and any areas subject to installation
of oil and/or gas transmission pipelines, regardless of size.
D.
Rights-of-way,
streets, parks, and any other public property under the jurisdiction
of the Town of Copper Canyon.
(Ordinance 06-222, sec. 2, adopted 4/10/06; Ordinance 2009-267, sec. 3, adopted 1/12/09)
A.
The provisions
of this Chapter do not apply to any property zoned for single-family
residential uses after initial development and final inspection of
the dwelling nor to any expansion, addition or alteration to any existing
single-family, duplex and single-family attached dwelling. This Chapter
does not apply to the redevelopment of any single-family residential
dwelling.
B.
Nothing herein
shall require any change in the plans, construction or designed use
of any parcel of property, for which a permit for construction has
been issued, as of the effective date of this Chapter.
C.
During the
period of an emergency, including but not limited to a tornado, storm,
flood or other natural disaster, the requirements of this Chapter
may be waived as deemed necessary by the Town Council. In addition
to rights granted by easement, those utility service providers lawfully
operating within the right-of-way may remove trees that interfere
with utility service during an emergency or where there is a danger
to the public health, safety and welfare.
D.
For the maintenance
of existing facilities, utility service providers or their contractors,
subcontractors, agents, successors and assigns shall have the right
to trim or remove trees so as to prevent any part of such trees from
becoming a danger to public health, safety and welfare by interfering
with utility service. Said trimming or removal shall not be done in
a manner such that the aesthetics and health of the trees are destroyed
and shall be done under the supervision and direction of any Town
official to whom said duties have been or may be delegated. The Town
may require boring under trees within the drip-line instead of trenching.
Nothing herein shall supersede the provisions of the Town’s
right-of-way management ordinance, if any, as amended.
E.
A diseased
or damaged tree which is determined to be beyond the point of recovery,
or in danger of falling, shall be exempt from the provisions of this
Chapter. The removal of a diseased tree by the Town or by an individual
is required to reduce the chance of spreading the disease to adjacent,
healthy trees.
F.
Any plant
nursery, as defined or may be defined in the Zoning Ordinance of the
Town, as amended, is exempt from the provisions of this Chapter only
in relation to those trees planted and growing on the premises for
sale, either retail or wholesale.
G.
Any paved
surface within the critical root zone of a protected tree, which is
in existence on or before the effective date of this Chapter, may
be replaced or maintained.
H.
Golf courses,
hike/bike trails and sports fields open for public use.
I.
Major drainage
structures, including detention and retention basins/ponds, and including
transitional slopes at the maximum slope allowed by ordinance or other
applicable regulation.
J.
All easements
and rights-of-way included on a final plat of any single-family or
multi-family residential subdivision approved by the Town and filed
in the plat records of the county.
K.
The mowing,
clearing and grubbing of brush located within the drip-line of protected
trees shall be allowed, provided such mowing, clearing or grubbing
is accomplished by hand or by mowers. The use of bulldozers, loaders
or other construction or earth-moving equipment for this purpose shall
not be allowed.
(Ordinance 06-222, sec. 2, adopted 4/10/06; Ordinance 2009-267, sec. 4, adopted 1/12/09; Ordinance 2009-267, sec. 5, adopted 1/12/09)
A.
No clear-cutting
of land is allowed. Prior to construction or development on a site
that contains one (1) or more protected trees, a tree preservation
plan must be approved by the Town Council. If the site does not contain
any protected trees, as defined herein, a letter, prepared by a registered
surveyor, engineer, architect, registered arborist or landscape architect,
shall be submitted to the Town, which verifies that protected trees
are not on the subject site. In the event ten (10) or more protected
trees are removed from a site without a tree removal permit, the zoning
classification on such site may not be changed for sixty (60) months
thereafter, nor can an application for approval of a preliminary plat,
final plat, site plan, [or] planned development relative to such site
be made or accepted by the Town for such period, calculated from the
date of discovery of such removal.
B.
The application
for a tree preservation plan shall be submitted on a form provided
by the Town and accompanied by a site plan by a registered surveyor,
engineer, architect, registered arborist or landscape architect that
includes, but is not limited to the following:
1.
Delineation
of site boundaries;
2.
Location
of all existing or proposed structures and improvements including
but not limited to streets, alleys and easements;
3.
A tree
survey depicting the species, location and caliper of all protected
trees to be preserved, with a numerical reference for each tree to
be preserved;
4.
A tree
survey depicting the species, location and caliper of all protected
trees to be removed, with a numerical reference for each tree to be
removed;
5.
Proposed
and existing contours; and
6.
Tree protection
measures.
C.
Protected
trees that are not removed, or have been identified and designated
on the tree preservation plan to be preserved, must be protected under
the following conditions:
1.
No materials
intended for the use in construction or waste materials accumulated
due to excavations or demolition shall be placed within the limits
of the critical root zone.
2.
No equipment
shall be cleaned or other foreign materials deposited or allowed to
flow overland within the critical root zone of a protected tree. This
includes without limitation, paint, oil, solvents, asphalt, concrete,
mortar or similar materials.
3.
No signs,
wires or other objects, other than those of a protective nature, shall
be attached to any protected tree; however, lighting of a decorative
nature may be attached to a protected tree. The lighting shall be
attached in a manner as not to damage the protected tree.
4.
No vehicular
and/or construction traffic or parking shall take place within the
limits of the critical root zone of any protected tree other than
on a preexisting paved surface. This restriction does not apply to
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.
5.
Grade changes
shall be allowed within the limits of the critical root zone of any
protected tree only upon approval by the Town.
6.
No paving
with asphalt, concrete or other impervious materials shall be placed
within the critical root zone of a protected tree; however, paving
may encroach up to five feet (5') from the trunk, upon approval by
the Town.
7.
In those
situations where a protected tree is within fifty feet (50') of a
construction area, a protective fence, a minimum of four feet (4')
feet in height, shall be erected and maintained outside of the critical
root zone of each protected tree or tree group. The protective fencing
also shall be required on the subject site if the critical root zone
extends onto adjacent property.
8.
No person,
directly or indirectly, shall critically alter, prune, cut down, destroy,
remove or move, or effectively destroy through damaging, any protected
tree on Town-owned property unless otherwise authorized by the Town.
D.
Boring of
utilities under protected trees shall be required in those circumstances
where it is not possible to trench around the critical root zone of
a protected tree. When required, the length of the bore shall be the
width of the critical root zone at a minimum and shall be a minimum
depth of 48 inches. All trenching shall be designed to avoid trenching
across the critical root zone of any protected tree, unless otherwise
approved by the Development Review Committee. Mechanical trenching
within the critical root zone shall not be allowed. Trenching by hand
shall not critically alter the root system. The placement of irrigation
systems and underground utility lines shall be located outside of
the critical root zone of protected trees.
E.
The Town
has the right to plant, prune and maintain any tree located on a right-of-way,
easement, public park land or any other municipally owned property
as may be necessary to ensure public safety or to preserve or enhance
the symmetry and beauty of such public properties. The Town may remove
or cause or order to be removed any tree or part thereof, which is
in an unsafe condition, or which by reason of its nature is injurious
to sewers, electric power lines, gas lines, water lines or other public
improvements. Tree removal by the Town may be undertaken without a
tree removal permit.
(Ordinance 06-222, sec. 2, adopted 4/10/06)
A.
No person,
directly or indirectly, shall critically alter, cut down, destroy,
remove or move, or effectively destroy through damaging, any protected
tree without first obtaining a tree removal permit, unless otherwise
specified in this Chapter. The application for a tree removal permit
shall be submitted on a form provided by the Town. Permits may be
issued with verification that the protected tree is damaged or diseased.
B.
An application
for a tree removal permit may be submitted in conjunction with the
following:
1.
An application
for a Development Permit to fill or grade property;
2.
An application
for a preliminary plat, including the development of new internal
streets, final plat or replat; or
3.
If the
property is platted, an application for a tree removal permit shall
be submitted in advance of or in conjunction with a permit application
for new construction.
4.
A tree
removal permit application also may be submitted in conjunction with
a tree preservation plan.
C.
A tree removal
permit is not required for any tree located within the Buildable Area
of a lot or site and a tree in the Buildable Area may be removed without
such permit.
D.
An application
for a tree removal permit shall be accompanied by a site plan by a
registered surveyor, engineer, architect, registered arborist or landscape
architect that includes, but is not limited to, the following:
1.
Delineation
of site boundaries;
2.
Location
of all existing or proposed structures in conjunction with a building
permit application, or improvements or facilities such as streets,
alleys and easements in conjunction with a plat application;
3.
A survey
depicting the location, species and dbh of all protected trees to
be removed; and
4.
A statement
of the reason(s) for the proposed tree removal shall be summarized
in legend form on the plan. The same summary shall also be submitted
on a legible 8.5" x 11" document.
E.
Upon receipt
of a complete application for a tree removal permit, the Town’s
Development Review Committee shall be responsible for the review and
approval, where applicable, of all requests submitted in accordance
with the requirements specified herein.
F.
Any decision
of the Development Review Committee may be appealed to the Town Council.
Action upon an appeal by the Town Council shall be final.
G.
Consideration
for the approval of a tree removal permit shall be based upon the
following guidelines:
1.
Whether
the removal of the protected tree is permitted by any of the exemptions
of this Chapter;
2.
Whether
a reasonable accommodation or alternative solution is available to
accomplish the desired activity without the removal of the protected
tree;
3.
The effect
of the removal of the protected tree on erosion, soil moisture, retention,
flow of surface waters and drainage systems;
4.
The need
for buffering of residential areas from the noise, glare and the visual
effects of nonresidential uses;
5.
Whether
the removal of the protected tree affects the public health, safety
or welfare of the Town and its residents; and
6.
Whether
the application and related submittals reflect an attempt to preserve
existing trees on the site.
H.
An approved
Tree Removal Permit shall expire six (6) months after it is granted.
I.
In the event
any protected tree is removed from property without a tree removal
permit, or any protected tree is injured or critically altered because
of failure to follow required tree protection measures such that the
tree dies or may reasonably be expected to die, the Town Administrator
or designee shall have the authority to impose one or more of the
following administrative or civil penalties on the developer and/or
owner of the property:
1.
A monetary
penalty of two hundred fifty dollars ($250.00) per caliper inch of
width of the protected tree(s) removed, payable to the Town. All funds
so received shall be deposited in the Tree Restoration Fund.
2.
Replacement with new trees having a total caliper width equivalent to five (5) times that of the removed tree(s). Such replacement trees shall be container-grown and have a minimum caliper width of three inches (3"), measured at six inches (6") above ground level. Alternatively, container-grown replacement trees may have a minimum caliper width of four inches (4") measured at twelve inches (12") above ground level. In either event, replacement trees shall have a minimum height of at least six feet (6') and shall be planted in a location(s) referenced in Section 7.7(D) herein.
(Ordinance 06-222, sec. 2, adopted 4/10/06)
A.
Replacement
trees shall be required under the following conditions:
B.
Replacement
trees shall be planted in accordance with the provisions of this Chapter
per the following rates:
|
For each Protected Tree to be Removed
|
Required Size and Number of New Replacement Trees
|
|---|---|
|
4" dbh to 12" dbh
|
Minimum 3" caliper, equivalent to 100% of dbh removed
|
|
Greater than 12" dbh to 30" dbh
|
Minimum 4" caliper, equivalent to 100% of dbh removed
|
|
Greater than 30" dbh
|
Minimum 6" caliper, equivalent to 100% of dbh removed
|
C.
Acceptable
types of replacement trees are designated in the Approved Tree List,
as referenced in Figure 1.
D.
The replacement
trees shall be located on the subject site whenever possible and if
not possible, on other property acceptable to the Town.
(Ordinance 2009-267, sec. 6, adopted 1/12/09)
A.
Trees identified
on a tree preservation plan or trees identified to be replaced shall
be eligible to meet the requirements and credits of the Zoning Regulations
for areas of the site not within a Landscape Buffer. The minimum landscape
requirements of a Landscape Buffer shall be met in addition to this
Chapter, when applicable.
B.
No protected
tree shall be pruned in a manner which critically alters the tree,
or in a manner which would reasonably lead to the death of the tree.
This provision is not intended to require a tree removal permit for
reasonable pruning performed or contracted to be performed by the
owner of the tree.
C.
Trees required to be planted by this Chapter shall be planted in accordance with the intersection visibility triangles as specified in the Zoning Ordinance, Section 4-110 “Vision Clearance,” as amended, of the Town of Copper Canyon, Texas.
D.
The filling
and reclamation of property and mitigation as delineated on a Section
404 Permit, issued by the U.S. Army Corps of Engineers, shall be permitted
in lieu of the requirements of this Chapter. The removal of any protected
tree on the subject property shall be in accordance with a filing,
reclamation, and mitigation plan approved and/or ordered by the Corps
of Engineers incident to the filling and reclamation of wetlands and
flood lands on such property. As soon as the reclamation and mitigation
prescribed by the Corps of Engineers has been completed, and the property
is no longer under the supervision and authority of the Corps of Engineers,
this Chapter and its provisions shall immediately apply to such property
thereafter.
E.
Non-protected
trees often are found in groupings or “stands” of trees
and provide natural buffering, property delineation, shade and have
similar beneficial effects upon property. Efforts shall be made during
property development to protect such stands of trees, even when such
trees are not deemed protected, pursuant to the terms of this Ordinance.
(Ordinance 06-222, sec. 2, adopted 4/10/06)
The Zoning Board of Adjustment, after conducting a Public Hearing
in accordance with state law, shall hear appeals from decisions or
determinations of the Development Review Committee (other than tree
removal permit determinations, which appeals shall be heard by the
Town Council) and/or Town staff and may approve a variance to all
or a portion of such decisions or determinations.
(Ordinance 06-222, sec. 2, adopted 4/10/06)
A.
No building
permit, development permit or certificate of occupancy shall be issued
if there has not been compliance with any provision contained in this
Chapter.
B.
The Town
may refuse to accept any public improvements until all penalties and/or
fines for violations of this Chapter have been paid; provided, however,
that acceptance of public improvements shall be authorized before
all trees shall be replaced if, with the Development Review Committee’s
approval, the Town is provided with a cash deposit or acceptable surety
bond in the amount of the cost to replace any tree(s).
C.
A person
commits an offense if the person critically alters a protected tree
not otherwise excepted by this Chapter.
D.
Any person,
firm, corporation, agent or employee thereof who violates any provision
of this Chapter shall be guilty of a misdemeanor and upon conviction
shall be fined not to exceed $500.00 for each such violation. The
unlawful critical alteration of each protected tree shall be considered
a separate offense.
E.
Allegation
and evidence of a culpable mental state is not required for the proof
of an offense defined in this Chapter.
(Ordinance 06-222, sec. 2, adopted 4/10/06)
|
FIGURE 1: APPROVED TREE LIST
| |
|---|---|
|
Large Trees (40+ feet)
| |
|
Bigtooth Maple
|
Acer grandidentatum
|
|
Caddo Maple
|
Acer saccharum ‘Caddo’
|
|
Pecan
|
Carya Illinoensis
|
|
White Ash
|
Franxinus Americana
|
|
Ginkgo
|
Ginkgo biloba
|
|
Sweetgum
|
Liquidamber styraciflua
|
|
Southern Magnolia
|
Magnolia grandiflora
|
|
Escarpment Live Oak
|
Quercus fusiformus
|
|
Bur Oak
|
Quercus macrocarpa
|
|
Chinkapin Oak
|
Quercus muehlenbergii
|
|
Shumard Red Oak
|
Quercus shumardii
|
|
Post Oak
|
Quercus stellata
|
|
Live Oak
|
Quercus virginiana
|
|
Bald Cypress
|
Taxodium distichum
|
|
American Elm
|
Ulmus Americana
|
|
Cedar Elm
|
Ulmus crassifolia
|
|
Drake Elm
|
Ulmus parvifolia (‘Drake’)
|
|
Lacebark Elm
|
Ulmus parvifolia
|
|
Slippery Elm
|
Ulmus rubra
|
|
Mid-sized Trees (25 - 40 feet)
|
|
|---|---|
|
Chittamwood
|
Bumelia langinosa
|
|
Arizona Cypress
|
Cupressus arizonica
|
|
Texas Persimmon
|
Diospyros texana
|
|
Eastern Persimmon
|
Diospyros virginiana
|
|
Green Ash
|
Fraxinus pennsylvanica
|
|
Texas Ash
|
Fraxinus texensis
|
|
Texas Walnut
|
Juglans microcarpa
|
|
Ashe Juniper
|
Juniperus ashei
|
|
Eastern Red Cedar
|
Juniperus virginiana
|
|
Eldarica Pine
|
Punus eldarica
|
|
Chinese Pistachio
|
Pistacia chinesis
|
|
Texas Oak
|
Quercus buckleyi
|
|
Havard Shin Oak
|
Quercus havardii
|
|
Bluejack Oak
|
Quercus incana
|
|
Lacey Oak
|
Quercus laceyi
|
|
Blackjack Oak
|
Quercus marilandica
|
|
White Shin Oak
|
Quercus sinuate var. brevicoba
|
|
Western Soapberry
|
Sapindus drummondii
|
|
Winged Elm
|
Ulmus alata
|
|
FIGURE 2: CRITICAL ROOT ZONE (Diagram attached).
|
|---|
|
Editor’s note– Figure 2 is not printed
herein.
|
(Ordinance 06-222, sec. 2, adopted 4/10/06)
