The purpose and intent of this article is to accomplish the following:
(1) 
To prohibit the indiscriminate clearcutting of property.
(2) 
To establish regulations addressing the protection of healthy and significant tress and to provide for the replacement and replanting of trees that are necessarily removed during construction, development or redevelopment.
(3) 
To limit the removal of protected trees without a permit from the city, to promote the orderly development of the city and to protect the public health, safety and general welfare of the citizens of the city. It is not the intent of these regulations to deny development rights protected by law.
(4) 
To address the removal of mature and protected trees and replacement and replanting of trees that are necessarily removed during construction, development or redevelopment in an expeditious planner and with due regard for the legal rights of property owners in the city.
(5) 
To promote site planning that is sensitive to the location of existing trees in an effort to save protected trees.
(a) 
Certain words or terms applicable to this article are defined as hereinafter provided. Words and terms used in this article, but not defined in this article shall have, the meanings contained in the zoning ordinance or other ordinances of the city. Words and terms defined in two ordinances shall be read in harmony unless there is an irreconcilable conflict, in which case the definition contained in this article shall control.
(b) 
General rules.
The following rules shall be applied in constructing, interpreting or otherwise defining the terms hereof:
(1) 
Words used in the present tense shall include the future, words used in the singular number shall include the plural number and words used in the plural shall include the singular.
(2) 
The word “shall” is mandatory and the word “may” is permissive.
(3) 
The word “person” shall include any individual, firm, corporation, partnership, joint venture, organization, or any other entity.
Building pad.
The actual foundation area of a building and a reasonable area not to exceed six feet (6') around the foundation necessary for construction and grade transitions.
Certificate of occupancy (CO).
An official city acknowledgment that indicates conformance with all applicable city regulations and authorizes the legal use and occupancy of the premises for which it is issued.
City administrator.
The city administrator of the city, or his designated representative, who reviews tree site plans and issues tree removal permits.
Clearcutting.
The removal of all of the trees or a significant majority of the trees within an area of land.
Critical root zone.
The area of undisturbed natural soil around a tree defined by a horizontal circle drawn at grade with the center being the center of the trunk of the tree and a radius equal to the distance from the trunk to the outermost portion of the drip line.
Developer or applicant.
Any individual, corporation, partnership, association or other entity seeking a tree removal permit under this article.
Diameter of a tree.
Measurement of the size/diameter of a tree as determined by measuring at four and one-half feet (4.5') above ground. For a multitrunk tree, the diameter shall be the total diameter of the largest trunk plus half (1/2) the diameter of each additional trunk.
Drip line.
Whichever of the following encompasses the greatest area:
(1) 
The irregular shape formed around a tree by a series of vertical lines that run through the outermost portion of the canopy of the tree and extend to the ground; or
(2) 
A circular area with a radius of one-half (1/2) the height of the tree extending outward from the center point of the tree.
Existing tree cover.
The sum total of the area that is located beneath the canopies of all protected trees on the lot or tract on the date of development application, as measured by accepted forestry practices.
Person.
Any individual or group of individuals, general or limited partnership, joint venture, unincorporated association, any corporation, or governmental or quasi-governmental entity.
Protected tree.
A tree that the city has determined has significant positive characteristics worthy of preservation as listed in this article that has a diameter of five inches (5") or greater.
Protective fencing.
A physical and visual barrier installed around the critical root zone of a protected tree to prevent damage to the tree and its root system.
Reforestation fund administrator.
The person appointed by the city manager to administer the reforestation fund.
Site plan.
A plan showing the location of all protected trees on the site by size and species, location of all easements, location of all proposed buildings, a grading plan, if applicable; the protected trees desired to be removed, if any, the protected trees that shall remain on the site, and an accompanying document indicating valid reason for the proposed removal of any protected trees, and if applicable, a description on how existing healthy protected trees proposed to be retained will be protected from damage from construction.
Tree.
Any self-supporting woody perennial plant which will normally attain a trunk diameter of two inches (2") or more when measured at a point four and one-half feet (4.5') above ground level and an overall height of at least fifteen feet (15') at maturity.
Tree removal.
The cutting, destroying, removing, moving, poisoning, banding, marking or effectively destroying through damaging, any protected tree situated on property in the city without first obtaining a tree removal permit from the city administrator.
Tree removal permit.
A permit required to be issued by the city administrator prior to the removal of any protected tree greater than six inches (6") in diameter.
(a) 
A person commits an offense if the person cuts down or removes a protected tree without a tree permit, unless the removal is exempted by this article. A person commits an offense if the person alters any protected tree in violation of the terms of a tree removal permit.
(b) 
A person shall not be required to obtain a tree removal permit to cut down a tree which meets one or more of the following requirements:
(1) 
A tree that endangers the public health, welfare, or safety or creates unsafe vision clearance such that immediate action is required.
(2) 
A tree that has disrupted a public utility service due to a tornado, storm, accident, flood, or other act of nature, provided that alteration of such a tree shall be limited to the portion of the tree reasonably necessary to reestablish and maintain reliable utility service.
(3) 
A tree located on the property of a licensed plant or tree nursery which has trees planted and growing on the premises for the sale or intended sale to the general pubic in the ordinary course of the nursery’s business.
(4) 
Any tree located on a lot or tract shown on a plat of record and zoned or used for single-family residential uses.
(5) 
A tree located on a lot for which an application for a preliminary plat was submitted before the effective date of this article, unless the plat or project expires or is altered, in which event the tree shall be subject to the provisions of this article.
(6) 
A tree located within existing city streets, rights-of-way or utility easements, including but not limited to roadways, drainage, water lines, sanitary sewer lines, electric, pedestrian and park facilities. A pond, channel, creek, or other body of water intended or created primarily for decorative, scenic, or recreational purposes shall not constitute a “utility line” for purposes of this article, unless such improvement is required by the city engineer or by ordinance, even if such areas may serve some drainage purposes.
(7) 
A tree which is not living, or is so diseased or damaged as to be in danger of falling.
(a) 
A permit for removal or replacement of a protected tree shall be obtained by making application on a form provided by the city. The application shall be accompanied by a site plan.
(b) 
A person who submits an application for approval of a final plat shall provide a site plan, as defined herein, of the area to be platted.
(c) 
The city administrator shall determine whether the permit is subject to these regulations. Acceptance of a tree removal permit for the limited purpose of such review shall not constitute acceptance of the permit. In the event the city administrator determines that an application is subject to the regulations of this article, the city administrator shall review and approve or deny the request for a tree removal permit. The city administrator shall review the permit application, perform an on-site analysis of the site and trees, and make a determination if any trees can be removed using the following criteria:
(1) 
Whether or not a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the removal of the tree;
(2) 
The cost of preserving the tree;
(3) 
The increased development costs caused by preserving the tree;
(4) 
The effect of the removal on erosion, soil moisture, retention, flow of surface waters, and drainage systems;
(5) 
The need for buffering residential areas from the noise, glare, and visual effects of nonresidential uses;
(6) 
Whether the tree is located in a public utility easement, public access easement or public street right-of-way as recorded on a plat and accepted by city council, and removal would be in compliance with current city codes;
(7) 
Whether the tree is in an unsafe condition, or is injurious to the common good, or to sewer pipes, pavements or improvements, or is infested and dangerous to other trees;
(8) 
Whether the proposed tree replacement procedures pursuant to section 3.12.005 below adequately mitigate the removal of the tree; and
(9) 
Whether the removal adversely affects the public health, safety or welfare.
(a) 
The city administrator may accept a reforestation plan that provides a one-diameter inch per one-diameter inch tree replacement (replacement tree) when protected trees are removed outside the building pad. The tree replacement plan will set a minimum of three inch (3") diameter tree as a replacement tree, and such replacement trees shall be from a list of approved replacement trees maintained by the city. All preservation of trees will count toward the project’s landscape requirements without regard to location or limitation to substitution of trees for shrubs.
(b) 
The city administrator may accept a payment in lieu of a replacement tree when mature or protected trees are removed outside the building pad. The payment in lieu of a replacement tree will be a minimum fee of $500.00 per protected tree, plus an additional $100.00 per inch diameter for every inch diameter over five inches (5").
(c) 
A replacement tree that dies within two (2) years of the date it was planted must be replaced by another replacement tree. This requirement runs with the property. Replacement trees should be maintained through watering and appropriate pruning.
(d) 
The city administrator may approve a delay not to exceed four (4) months for the planting of a replacement tree if seasonal limitations would make planting of trees impractical, provided the applicant or developer deposits into escrow with the city the funds necessary to purchase the replacement tree.
(e) 
Replacement trees shall be selected from the list of protected trees as defined by this article, and approved by the city administrator.
(f) 
In order to encourage the preservation of existing trees, the area within the drip line of a protected tree that is protected by fencing during grading and construction and included in the required landscape area shall receive double credit toward the required landscape area.
(a) 
When a developer plats a residential or nonresidential subdivision, the developer shall be permitted to remove only those protected trees necessary in order to install public infrastructure improvements as shown on the approved final plat. Removal of protected trees only as necessary for such infrastructure improvements shall be exempt from the tree replacement and tree protection requirements of this article. All other areas of the residential or nonresidential subdivision shall be subject to the tree protection and tree replacement requirements and all other provisions of this article. The site plan shall be submitted with the application for approval of the final plat. The city administrator shall review the site plan and determine whether any trees are exempted from this article. The developer shall give due consideration to locate the pad area and flat work in a manner that conserves as many protected trees as possible.
(b) 
In a single lot residential development, or in the development of individual lots within a residential subdivision, all areas within the area pad site, driveways, sidewalks, patios, sewer or septic tank lines, parking areas, and pool and associated deck areas shall be exempt from the tree replacement and tree preservation requirements of this article. All other areas of the lot shall be subject to both the tree protection and tree replacement requirements, and all other provisions of this article. Determination of any exempt trees shall be made by the city administrator pursuant to the site plan submitted pursuant to this article. The developer shall give due consideration to locate the pad area and flat work in a manner that conserves as many protected trees as possible.
The following are protected trees under this article:
American Elm (White Elm) Ulmus Americana
Mexican Redbud Cercis Canadensis ver mexicana
American Smoketree (Chittamwood) Cotinus obovatus
Mexican -Buckeye Ungnadia speciosa
Arizona Cypress Cupressus arizonica
Oak (all species) Genus Quercus
Baldcypress Taxodium distichum
Pecan Carya illinoensis
Bigtooth Maple Aces grandidentatum
Pinyon Pine Pinus edulis
Carolina Buckthorn Rhamnus caroliniana
Possumhaw Ilex deciduas
Cedar Elm Ulmus crassifolia
Prairie Flameleaf Sumac Rhus lanceolata
Crabapple Malus spp.
River Birch Betula nigra
Desert-Willow Chilopsis linearis
Rusty Blackhaw Viburnum rufidulum
Eastern Red Cedar Juniperus virginiana
Sycamore Platanus occidentalis
Eve’s-Necklace Sophora affinis
Texas Ash Fraxinus texensis
Goldenball Leadtree Leucaena retusa
Texas Mountain-Laurel Sophora Secundiflora
Goldenrain Tree Koolreuteria paniculata
Texas Persimmon Diospyros texana
Green Ash Fraxinus pennsylvanica
Texas Redbud Cerois Canadensis var. texensis
Hawthorn Crataegus spp.
Texas Walnut Juglans rnicrocarpa
Honey Mesquite Prosopis glandulosa
Thornless Honeylocust Gleditsia triacanthos var. inermis
Lacey Oak Quercus glaucoides
Western Soapberry Sapindus drummondii
Live Oak Quercus virginiana
Yaupon Ilex vomitoria
Mexican Pinyon Pine Pinus cembroides
 
Mexican Plum runus mexicana
 
(a) 
A person may appeal any decision of the city administrator, including the refusal to issue a tree removal permit, to the city council. The appeal shall be in writing and shall be transmitted to the city secretary within ten (10) days after receipt of notification that the city administrator will not issue the tree removal permit.
(b) 
The city council shall consider the appeal within thirty (30) days after the appeal is received by the city secretary, unless the applicant requests a later hearing. The city council shall not grant a waiver from the requirements of this article, unless the applicant first presents credible evidence from which the city council can reasonably conclude application of this article to the applicant would be likely to deprive the applicant of rights protected by law.
(c) 
The city council may take the following actions on an appeal:
(1) 
Deny the appeal, in which case the tree removal permit shall not be accepted or granted;
(2) 
Grant the appeal, and direct the city administrator to accept and approve the tree application permit; or
(3) 
Grant the appeal subject to such provisions, conditions, or limitations as deemed appropriate by the city council.
(a) 
The city shall not approve a developer’s agreement unless it provides that all construction activities shall meet the requirements of this article.
(b) 
The building official shall not issue a building permit unless the applicant signs an application or permit request which states that all construction activities shall meet the requirements of this article.
(c) 
The city may refuse to accept any public improvements until the person pays all fines for violations of this article or fully complies with this article; provided however, that acceptance of the public improvements shall be authorized before all trees have been replaced if, with the city administrator’s approval, the person furnishes the city with a cash deposit or surety bond in the approximate amount of the cost to replace the trees.
(d) 
No certificate of occupancy shall be issued until all fines for violations of this article have been paid to the city. No certificate of occupancy shall be issued until all replacement trees have been planted or appropriate payments have been made; provided however, that a certificate of occupancy may be wanted before all trees have been replaced if, with the city administrator’s approval, the person furnishes the city with a cash deposit or surety bond in the approximate amount of the cost to replace the trees.
(Ordinance 2008-08 adopted 2/28/08)