The intent of this article is to preserve existing trees of certain species, and to provide for the replacement of trees that are necessarily removed during construction or development. No clear-cutting of land is allowed in the city or on land under the city’s jurisdiction.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
This article applies to all tracts of land within the city as well as any area subsequently annexed by the city with the following exceptions:
(1) 
Final plats.
Any development that has received final plat approval prior to the effective date of this chapter;
(2) 
Homeowners.
The owner of property containing a single-family residence or duplex which has qualified for the homestead exemption;
(3) 
Public property.
All rights-of-way, easements or similar types of public property maintained by the city; and
(4) 
Utility property.
All rights-of-way, easements or similar types of public property maintained by a public utility franchised by the city. Utility companies may prune trees as necessary to re-establish disrupted service or maintain existing service.
(b) 
Other exceptions.
In the event that any protected tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety, and require immediate removal without delay, authorization may be given by the building official or his/her designee and the tree may then be removed without obtaining approval as herein required. Examples of this exception may include, but are not limited to:
(1) 
Damaged/diseased trees.
The tree is dead, diseased or damaged beyond the point of recovery, or is in danger of falling;
(2) 
Public safety.
The tree creates unsafe vision clearance or conflicts with other ordinances or regulations, or the tree is determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety, or the tree poses an imminent or immediate threat to person or property; and
(3) 
Utility service interruption.
When a tree has disrupted a public utility service either due to normal growth of the tree or as a result of a tornado, flood or other act of God, the tree may be removed as needed; however, removal shall be limited to the part of the tree which is found necessary to be removed to re-establish and maintain utility service.
(Ordinance 2020-16 adopted 12/8/20)
Caliper.
The average diameter of the trunk of the tree as measured at 42 inches above natural grade. On multi-trunk trees, the caliper of the largest trunk, plus one-half of each additional trunk’s caliper shall be added to determine the caliper. If only a tree stump is found, then the caliper of the tree shall be the diameter of the stump.
Clear-cutting.
The indiscriminant removal of protected trees from a parcel or tract of land.
Critical root zone.
An area extending five (5) feet beyond the outermost drip line of the tree.
Principal building.
For the purposes of this article, any building which is the first building permitted for construction on a lot or tract of land, or any subsequent building which shall serve as the primary residence or occupied building on the lot or tract of land.
Protected tree.
(1) 
Any tree with a caliper of twelve (12) inches or greater of any species; or
(2) 
Any tree with a caliper of six (6) inches or greater of any species that is not one of the following: mesquite, bois d’arc, thorny honey locust, hackberry, cottonwood, cedar, chinaberry (common), native black willow, native red or white mulberry.
Tree preservation plan.
A graphic representation drawn to the largest scale practical showing the exact location, size (trunk diameter and height), and common name of all Protected Trees and indication of which trees are to be removed or replaced. The treescape plan requirements are more fully described in section 9.07.004 below.
Tree survey date.
For purposes of establishing the age of the tree survey, the first date that field observations were made by the preparer.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging, any protected tree situated on property regulated by this chapter without first receiving a permit or approval of a tree preservation plan, as applicable.
(b) 
No clear-cutting of land is allowed.
(c) 
A tree preservation plan must be submitted with all requests to plat new subdivisions or developments, and again with all requests for permits for any type of construction. If the site of development or construction does not contain any protected trees, a verification letter of no protected trees shall be submitted to the city that attests that protected trees are not on the property and that the person making this determination is qualified to do so. Persons who may prepare the tree preservation plan or verification letter include registered surveyors, professional engineers, architects, landscape architects, arborists, or other qualified licensed professional(s). The letter must contain a statement affirming the author is qualified to prepare such document and listing his/her state license number or other certificates of documentation. The tree preservation plan or verification letter of no protected trees must be submitted to and approved by the city prior to the removal of any trees on the site. If there are no trees present of any type in the area of construction on previously platted residential lots, making no expertise necessary for determining the type and size of trees, landowners may submit a verification letter of no protected trees on their own behalf.
(d) 
The tree preservation plan must include a site map including, but not limited to, the following information:
(1) 
Delineation of site boundaries.
(2) 
Location of all existing or proposed structures, construction activities and improvements (e.g., streets, alleys, easements, building lines, drainage ways, major grade changes, etc.).
(3) 
Location, species and caliper of all trees within 100 feet of any proposed construction activities which have a caliper of 6 inches or greater, except species may be omitted if all trees over 6 inches will be protected.
(4) 
Trees proposed for preservation.
(5) 
Trees proposed for removal.
(6) 
Tree replacement proposal.
(7) 
Location of any existing or proposed utility lines.
The tree preservation plan must be based upon a tree survey, which is less than two years old at the time of submittal for platting and subdividing permits. Requests for building permits may use an existing city-approved tree survey, which is up to five (5) years old at the time of the building permit application submittal, if available.
(e) 
Trees to be preserved must be protected during construction activities by the following measures:
(1) 
No grade changes, or trenching, shall be allowed within the critical root zone without prior city approval.
(2) 
For trees within fifty (50) feet of a construction area, temporary barriers shall be erected to protect the critical root zone.
(3) 
No construction or waste materials shall be stored, placed or disposed of within the critical root zone. This includes without limitation paints, oils, solvents, asphalt, concrete, mortar, lumber or other similar materials.
(4) 
No asphalt, concrete or other impervious material shall encroach within the critical root zone, except, when necessary, and with prior city approval, these materials may be placed within five feet of the trunk so long as at least two-thirds of the critical root zone remains undisturbed.
(5) 
No parking or vehicular traffic shall be allowed within the critical root zone. This restriction does not apply to the clearing of underbrush or of approved construction activities within the critical root zone.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
Dead trees and trees that must be removed for disease or safety reasons may be removed at any time and shall not be considered in the tree preservation plan. This shall not require city approval under this article.
(b) 
Any tree may be reasonably pruned for aesthetic, maintenance, disease control, or safety reasons. This shall not require city approval.
(c) 
Other than in subsection (b) above no protected tree shall be pruned in a manner that would reasonably lead to the death of the tree.
(d) 
Up to twenty percent of the total caliper inches of existing, protected trees may be proposed for removal during the development process (i.e., the grading, road, drainage and utility construction of the subdivision) without replacing any trees. Any tree twelve (12) inches caliper or greater may not be included in the twenty percent exemption.
(e) 
Up to twenty percent of the total caliper inches of existing, protected trees on each lot may be proposed for removal during the construction of a new dwelling or other building without replacing any trees. Any tree twelve (12) inches caliper or greater may not be included in the twenty percent exemption.
(f) 
Removal of a greater percentage of trees than that allowed above shall require the planting of new trees on a one hundred percent replacement rate. That is, for each caliper inch of protected trees removed (in excess of the allowed percentages), new trees with an equivalent aggregate total number of caliper inches must be replanted. Multiple trees may be used to achieve the required total number of caliper inches, but replacement trees must be at least two (2) inches each, except, when replacing a protected tree which had a caliper greater than 16 inches, at least two 5-inch trees shall be included in the total.
(g) 
For the purpose of replacement trees, existing non-protected trees which meet minimum size requirements may be preserved instead of planting replacement trees. Species protected by this article which are between three (3) inches and six (6) inches shall count one hundred percent (i.e., inch-for-inch). Unprotected species shall be a minimum of 6 inches caliper and count only fifty percent (i.e., a six (6) inch unprotected tree will count as a three (3) inch replacement tree).
(h) 
At the request of the applicant, replacement trees may be planted on city property in lieu of the property under construction/development, with prior city approval.
(i) 
Upon a voluntary request of the applicant, the city council, in its sole discretion, may allow, the applicant to pay a fee in lieu of tree replacement required under section 9.07.005. Voluntary requests for waivers to the tree replacement provisions of this chapter shall not exceed forty percent (40%) of the total number of diameter inches of protected trees to be replaced located outside of a government designated floodplain zone.
(j) 
A tree identified on the tree preservation plan that is replaced but dies within one year of the date it was planted must be replaced in accordance with the provisions of this article.
(Ordinance 2020-16 adopted 12/8/20)
(a) 
New development.
Review and verification of tree preservation plans shall be performed by the city’s consulting engineering firm in conjunction with other portions of the application. Fees shall be billed to the applicant as per chapter 12, fee schedule. Any cost incurred by the city for review, oversight, and verification in excess of collected fees as established in the fee schedule will be the responsibility of the applicant and must be reimbursed to the city. Final plat approval shall not be granted until all fees have been paid in full by the applicant and, if applicable, all penalties and any required restitution has been satisfied as well. The city may also withhold construction permits and occupancy permits if necessary until payment is made in full.
(b) 
Individual platted lots.
A fee, as prescribed in chapter 12, fee schedule, shall be assessed per individual platted lot for the city’s costs incurred including the initial review and field verification of tree preservation plans required for the issuance of a residential building permit. Fees are due at time of submittal. If no trees are going to be affected by construction as defined in section 9.07.004, a letter certifying no trees will be affected may be submitted with the fee.
(Ordinance 2020-16 adopted 12/8/20)