(a)
Applicability.
This section applies to all new residential and nonresidential development within the city.
(b)
Preservation of existing landscape.
The existing natural landscape character, especially native oaks, elms and pecan trees, shall be preserved to the maximum extent reasonable and feasible. For example, within areas containing a mature stand of trees, developers and builders shall use best efforts to preserve such mature trees. Indiscriminate clearing or stripping of natural vegetation on a property or lot/tract is prohibited. Any part of a site not used for buildings, parking, driveways, walkways, utilities and approved storage areas shall be retained in a natural state, or reclaimed to its natural state, to the greatest extent feasible, or attractively landscaped in a manner that adds aesthetic value to the development and to the community as a whole. Underbrush/undergrowth is allowed to be removed with written approval from the city planner or parks superintendent.
(c)
Protected trees.
A protected tree is defined as a tree with a caliper of six (6) inches or larger, except that of a bois d’arc, cedar or hackberry species. The removal of a protected tree must be specifically requested by the applicant and approved in writing by the city planner and parks superintendent prior to any action being taken to remove the tree or to damage or disturb the tree in any way. Caliper inches for a single-stem tree shall be the diameter of the trunk measured six (6) inches above the ground for a tree having a diameter up to and including eight (8) inches, and measured at four and one-half feet above ground for a tree having a diameter greater than eight (8) inches. Caliper inches for a multi-stem tree shall be the diameter of the trunk measured at the narrowest point below branching when branching occurs higher than twelve (12) inches above the ground. When branching occurs at or lower than twelve (12) inches above the ground, caliper means the diameter of the largest stem plus the average diameter of the remaining stems, measured at four and one-half feet above the ground. Removal of such trees without the approval required under this section is expressly prohibited. Prior to the removal of any protected tree, the property owner must first submit a letter to the city manager, or his designee, that describes in detail which tree will be removed, how the removal will be performed (and machinery and equipment needed), and the date and time whereupon the anticipated removal will occur. The letter shall also include a notarized statement by the owner that the tree to be removed is not a protected tree, as defined herein or that its removal will be in complete conformance with the provisions of this section. The letter shall be submitted at least one (1) week in advance of the removal operation, and written city approval shall be obtained prior to commencing any part of the tree removal operation.
(d)
Preservation and protection of existing trees.
All existing trees which are to be preserved shall be provided with undisturbed, permeable surface area under and extending outward to the existing dripline of the tree. All protected trees within or next to an excavation site or to a construction site for any building, structure or paving work shall be clearly marked and guarded with a good substantial fence, frame or box not less than four feet high and surrounding the entire protected zone of the tree. The barriers shall be approved by the city planner and parks superintendent, and shall be in place before any site clearance or other site-disturbing activity commences. Any barrier with lesser dimensions than those specified above shall be subject to approval by the city planner and parks superintendent. All building material, dirt, excavation or fill materials, chemicals, construction vehicles or equipment, debris, and other materials shall be kept outside the barrier. Barriers shall remain in place until the final building and landscape site inspections are satisfactory completed and the certificate of occupancy has been issued for the premises.
(e)
Permit requirement for excavation, trenching, paving, etc.
No person shall excavate any ditches, tunnels or trenches, or place any paving or construction material, or drive any type of machine within the protective zone, or within the dripline, of any protected tree without first obtaining a written permit from the city planner and parks superintendent.
(f)
Damage prohibited.
Unless specifically authorized by the city planner and parks superintendent, no person shall intentionally damage, cut, carve, transplant or remove any protected tree; attach any rope, wire, nails, advertising posters or any other contrivance to any protected tree; allow any gaseous, liquid or solid substance which is harmful to such plants to come in contact with any protected tree or with any of the area within its dripline; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any protected tree.
(g)
Removal of existing trees.
The removal of an existing tree from a development site must be in accordance with this article and all other applicable ordinances of the city.
(h)
Exceptions.
(1)
Dangerous conditions.
If the owner determines that an emergency situation exists that requires the immediate removal of a tree to protect the safety of persons or property, then the owner may remove the tree only to the extent necessary to eliminate the dangerous situation without a tree removal permit. However, the owner must immediately apply for a tree removal permit.
(2)
Utility companies.
Utility companies franchised by the city in easements or rights-of-way accepted by the city or otherwise authorized to provide utility service may remove protected trees that endanger public safety and welfare by interfering with utility service. Any trimming and/or removal of protected tree by a utility company requires written approval by the city planner and parks superintendent.
(3)
City property.
City property shall not be subject to this section. City property, including rights-of-way, streets, and easements for public purpose, parks, and any other property under the jurisdiction of the city, shall be regulated by the requirements of this code.
(4)
Single-family residential property.
Developed property which is zoned in a single-family residential classification and where an existing residence is located shall not be subject to this section.
(i)
Tree credits.
(1)
Negative tree credits.
For every protected tree removed, including fence row trees, the property owner shall receive negative tree credits for each caliper inch removed or shall be required to plant replacement trees as follows:
(A)
Trees six (6) to ten (10) caliper inches, one (1) negative credits for each caliper inch.
(B)
Trees 10.1 to 15 caliper inches, two (2) negative credits for each caliper inch.
(C)
Trees 15.1 to 24 caliper inches, three (3) negative credits for each caliper inch.
(D)
Trees 24.1 caliper inches or larger, four (4) negative credits for each caliper inch.
(2)
Replacement trees.
Replacement trees shall be not less than three (3) caliper inches each. All replacement trees shall conform to the standards of the approved plant list for the city and the current edition of the “American Standard for Nursery Stock” (as amended), published by the American Association of Nurserymen, a copy of each of which shall be on file in the city’s community development department and may be updated from time to time without further amendment to this article. This requirement shall be in addition to the requirements of this article.
(3)
Tree credit.
For every protected tree preserved, credit shall be given at a ratio of one (1) credit for each caliper inch preserved.
(2006 Code, sec. 28-181; Ordinance 09-05-797, sec. 2 (art. VII, sec. 1), adopted 5/18/09; Ordinance adopting 2015 Code; Ordinance 18-04-1083 adopted 4/17/18)