(a) 
This article shall be effective within the geographical limits of the city, including any areas subsequently annexed by the city.
(b) 
The purpose of this article is to encourage the preservation of mature trees that once removed can be replaced only after generations, to preserve protected trees during construction and to control the removal of protected trees when necessary. It is the intent of this article to achieve the following:
(1) 
Prohibit the indiscriminate clearing of property.
(2) 
Protect and increase the value of residential and commercial properties within the city.
(3) 
Maintain and enhance a positive image for the attraction of new business enterprises to the city.
(4) 
Protect healthy quality trees and promote the natural ecological environmental and aesthetic qualities of the city.
(5) 
Help provide needed shaded areas in order to provide relief from the heat by reducing the ambient temperature.
(6) 
Help prevent erosion.
(c) 
The city may issue a stop work order for any development or construction project or activity at any time if the tree preservation requirements of this article are not being met. Efforts will be made to allow a developer or builder to comply before the project is shut down.
(Ordinance 2005-04, sec. 1, adopted 5/9/05; 2007 Code, sec. 34-109)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Caliper.
The diameter of a tree trunk measured in inches at a height of 24 inches above natural grade. For a multi-trunk tree, the diameter shall be the total diameter of the largest trunk plus one-half of the diameters of each additional trunk.
Clearcutting.
The indiscriminant removal of protected trees from a site or tract.
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 dripline.
Mayor.
The mayor of the city and/or his designee.
Tree.
Any self-supporting, woody perennial plant which at maturity will attain a trunk diameter of two inches or more when measured at a point 24 inches above natural ground level.
Tree, protected.
Any tree having a caliper of six inches or more that is not one of the following: mesquite, bois d’arc, thorny honey locust, hackberry, cottonwood, cedar and china-berry (common).
Tree, replacement.
A tree as listed in the approved tree replacement list (section 1.07.011, figure 1) that has a minimum caliper required by this article and a minimum height of seven feet, measured at ground level (natural grade) at the time of planting.
(Ordinance 2005-04, sec. 2, adopted 5/9/05; 2007 Code, sec. 34-110)
The terms and provisions of this article apply to all property as follows:
(1) 
All vacant (without occupied structures), undeveloped land.
(2) 
All property to be redeveloped, including additions and alterations but excluding interior alterations.
(3) 
Street rights-of-way, parks, and any other public property under the jurisdiction of the city shall be governed by this article. (Easements on private property shall not be considered as rights-of-way or public property.)
(Ordinance 2005-04, sec. 3, adopted 5/9/05; 2007 Code, sec. 34-111)
(a) 
Single-family, duplex and single-family attached lots.
This article does not apply to single-family, duplex and single-family attached lots (including any public right-of-way abutting said single-family, duplex, and single-family attached lots) less than 2-1/2 acres in size 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 on lots of less than 2-1/2 acres in size. This article does not apply to the redevelopment of single-family, duplex or single-family attached dwellings on a lot of less than 2-1/2 acres previously used for a single-family, duplex and single-family attached dwelling. However, the development of any new nonresidential or multifamily structure on a lot previously used or zoned for a single-family, duplex and single-family attached dwelling residential use shall not be exempt from the requirements of this article.
(b) 
Construction permits issued prior to effective date.
Nothing herein contained shall require any change in the plans, construction or designated use of any parcel of property, for which a permit for construction has been issued, as of the effective date of the ordinance from which this article is derived.
(c) 
Periods of emergency.
During the period of an emergency, such as a tornado, storm, flood or other natural disaster, the requirements of this article may be waived as deemed necessary by the mayor or his designee.
(1) 
In addition to rights granted by easement, utility service providers lawfully within the right-of-way may remove trees during the period of an emergency that are determined by the provider to be a danger to public safety and welfare by interfering with utility service.
(2) 
The city may clear streets and public rights-of-way of damaged or fallen trees, tree limbs, or other debris as needed as a result of a storm event.
(d) 
Utility service providers.
In the pursuit of installation or maintenance of its facilities, utility service providers, including the city, or their contractors, 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. Where possible, trimming shall be done in a manner such that the aesthetics and health of the trees are not destroyed. Existing trees already growing into utility lines shall be trimmed as necessary. The city may require boring under trees within the critical root zone area instead of trenching.
(e) 
Drainage improvements.
In the pursuit of installation or maintenance of drainage facilities, creek channel lining, or erosion control measures, the city, or its contractors, 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 said drainage improvements. The city may require boring under trees within the critical root zone area instead of trenching.
(f) 
Diseased or damaged trees.
A diseased or damaged tree which is beyond the point of recovery or in danger of falling shall be exempt from the provisions of this article in terms of tree replacement and tree preservation plan. A tree removal permit, however, shall be required. In the case of code enforcement action, the notice of violation and description of the action to be taken shall serve as the permit to commence work. The removal of a diseased tree may be required to reduce the chance of spreading the disease to adjacent, healthy trees.
(g) 
Plant nurseries.
Plant nurseries shall be exempt from the provisions of this article only in relation to those trees planted and growing on the premises for sale, either retail or wholesale.
(h) 
Paved surfaces within critical root zones.
Any paved surface within the critical root zone of a protected tree which is in existence on or before the effective date of the ordinance from which this article is derived may be replaced or maintained.
(Ordinance 2005-04, sec. 4, adopted 5/9/05; 2007 Code, sec. 34-112)
(a) 
No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging, any protected tree regardless of whether the protected tree is on private property or the abutting public right-of-way, unless exempt under the provisions of this article.
(b) 
No clearcutting of land is allowed. Prior to the removal of any protected tree, regardless of construction or development schedule, a tree preservation plan must be submitted to and approved by the city.
(c) 
Prior to construction or development on a site that contains one or more trees, a tree preservation plan must be submitted to and approved by the city. If the site does not contain any protected trees, a letter, prepared by a registered surveyor, engineer, architect or landscape architect, shall be submitted to the city which verifies that protected trees are not on the subject site.
(d) 
The tree preservation plan submittal shall be accompanied by a site plan that includes, but is not limited to, the following:
(1) 
Delineation of site boundaries;
(2) 
Location of all existing or proposed structures and of all improvements such as streets, drives, alleys and easements; and
(3) 
A survey depicting the location, species and caliper of all protected trees to be preserved.
(e) 
Protected trees which are not required to be removed or have been identified on the tree preservation plan to be preserved must be protected under the following conditions:
(1) 
No materials intended for use in construction or waste materials accumulated due to excavation 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 so long as the lighting is attached in a manner so 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 an existing 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 city.
(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 three feet from the trunk upon approval by the city.
(7) 
No person, directly or indirectly, shall prune, cut down, destroy, remove or move, or effectively destroy through damaging, any protected tree on city-owned property unless otherwise permitted by this article.
(f) 
The city shall have the right to plant, prune, and maintain any tree located on street rights-of-way, easements, public parkland 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 city 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, drainage improvements, regulatory signs, or other public improvements.
(Ordinance 2005-04, sec. 5, adopted 5/9/05; 2007 Code, sec. 34-113)
(a) 
Required.
No person, directly or indirectly, shall 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 article. Tree removal permits are required, whether development, redevelopment, or construction is pending or not. The application for a tree removal permit shall be submitted on a form provided by the city.
(b) 
Verification of damaged or diseased trees.
Tree removal permits may be issued with proper verification that the protected tree is damaged or diseased.
(c) 
Application submittal and tree preservation plan.
Tree removal permit applications may be submitted in conjunction with a tree preservation plan.
(d) 
Items to be submitted with application.
An application for a tree removal permit shall be submitted in conjunction with the following:
(1) 
An application for a final plat or replat including the development of new internal streets; or
(2) 
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.
(e) 
Site plan; information required.
The application for a tree removal permit shall be accompanied by a site plan 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, drives, alleys and easements in conjunction with a plat application;
(3) 
A survey depicting the location, species and caliper of all protected trees to be removed; and
(4) 
The reason for the proposed tree removal shall be summarized on the legend form on the plan. The same summary shall also be submitted on a legible 8.5-inch by 11-inch document.
(f) 
Approval or denial of application.
Upon receipt of a valid application for a tree removal permit, the building official or his designee shall review and approve or deny all requests submitted in accordance with the requirements specified in this section.
(g) 
Appeal to city council.
Any decision of the building official or his designee may be appealed to the city council. Action by the city council shall be final.
(h) 
Approval guidelines.
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 this article and the exceptions enumerated herein;
(2) 
Whether or not a reasonable accommodation or alternative solution can be made 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 streets, highways and nonresidential uses;
(5) 
Whether the removal of the protected tree affects the public health, safety or welfare of the city; and
(6) 
Whether the application demonstrates the attempt to preserve existing trees on the site.
(i) 
Expiration dates.
An approved tree removal permit shall expire 180 days after the date of issue. However, permits issued in connection with a building permit or site plan shall expire at the same time as the building permit or site plan.
(Ordinance 2005-04, sec. 6, adopted 5/9/05; 2007 Code, sec. 34-114)
(a) 
Replacement trees shall be required under the following conditions:
(1) 
To remove a protected tree as specified in this article;
(2) 
To replace a tree that was identified on a tree preservation and replacement plan but dies within one year of the date it was planted.
(b) 
Replacement trees shall be planted in accordance with the provisions of this article per the following rates:
For Each Protected Tree to be Removed
Required Size and Number of New Replacement Trees
6" to 12" caliper
Minimum 3" caliper, equivalent to 100% of caliper removed
Greater than 12" to 30" caliper
Minimum 4" caliper, equivalent to 100% of caliper removed
Greater than 30" caliper
Minimum 6" caliper, equivalent to 100% of caliper removed
(c) 
No more than 34 percent of the number of replacement trees shall be of the same species when 12 or more trees are required.
(d) 
Acceptable types of replacement trees are designated in the approved tree replacement list, section 1.07.011, figure 1.
(e) 
The replacement trees shall be located on the subject site whenever possible. However, if there is not a suitable location for the replacement trees on the subject site, the city council may approve either of the following or a combination of the following:
(1) 
The planting of the replacement trees within a public right-of-way, public parkland or any other municipally owned property;
(2) 
The planting of the replacement trees within private open space (common ground areas); and
(3) 
The payment of a fee into the tree restoration fund in the amount in accordance with a fee schedule provided by the city. The fee schedule shall be based on the current Texas A&M Extension Service Fact Sheet for Evaluation of Texas Shade Trees. The funds shall be used for the purpose of purchasing, installing and maintaining trees on public rights-of-way, public parkland or any other municipally owned property. The funds shall be spent within two years of the final action of the city council regarding a request for payment into the tree restoration fund.
(Ordinance 2005-04, sec. 7, adopted 5/9/05; 2007 Code, sec. 34-115)
(a) 
No protected tree shall be pruned in a manner that significantly disfigures the tree or in a manner that would reasonably lead to the death of the tree. This section is not intended to require a tree removal permit for reasonable pruning performed or contracted to be performed by the owner of the tree.
(b) 
Trees required to be placed by this article shall be planted in such a manner as not to constitute, at the time of planting and at the point of full maturity, any interference with the visibility triangles at intersections nor to interfere with the view of motor vehicles.
(c) 
If any tree required to be retained or planted in accordance with the terms or provisions of this article dies within two years after completion of the associated construction activity or within two years after being planted, the owner of the property shall replace each tree within six months with an identical-sized tree from the approved replacement tree list.
(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 article. The removal of any protected tree on the subject property shall be in accordance with a filling, reclamation, and mitigation plan approved and/or ordered by the Corps of Engineers incident to the filling and reclamation of wetlands and floodlands 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 article shall immediately apply to such property thereafter.
(Ordinance 2005-04, sec. 8, adopted 5/9/05; 2007 Code, sec. 34-116)
The city council shall hear appeals from decisions of city staff and may approve a tree removal permit and approve an exception to all or a portion of the requirements to provide for replacement trees for the following:
(1) 
A public or recreational use or structure but not including rights-of-way or easements;
(2) 
A private use that usually requires large areas of open space (impervious surface); and
(3) 
Development of heavily forested sites where the strict compliance of the requirements of this article will unreasonably burden the use of the property.
(Ordinance 2005-04, sec. 9, adopted 5/9/05; 2007 Code, sec. 34-117)
(a) 
Any person violating any term or provision of this article shall be deemed guilty of a misdemeanor and subject to a penalty as provided for in this article, and upon conviction shall be punished by fine not to exceed the sum of $500.00 for each offense, and each and every day such violation shall continue shall constitute a separate offense.
(b) 
The remedies provided in this article shall be cumulative and the city’s pursuit of any one remedy shall not be construed as an election; the city may pursue any and all remedies allowed by state law or the ordinances of the city.
(Ordinance 2005-04, sec. 10, adopted 5/9/05; 2007 Code, sec. 34-118)
The approved replacement tree list is provided in the following table:
FIGURE 1 APPROVED REPLACEMENT TREE LIST
Large Trees
Ornamental Flowering Trees
Small Trees
*Afghan Pine
Aristocrat Pear
*Ashe Juniper
Bald Cypress
Bradford Pear
Carolina Buckthorn
Big Tooth Maple
Crepe Myrtle
*Desert Willow
*Black Hickory
Flowering Crabapple
*Eastern Redbud
Black Walnut
Japanese Maple
*Forest Pansy Redbud
*Bur Oak
*Mexican Plum
Golden Raintree
Caddo Maple
*Mountain Laurel
Japanese Black Pine
*Cedar Elm
Purple Plum
Little Gem Magnolia
*Chinese Pistachio
*Smoke Tree
*Oklahoma Redbud
*Chinquapin Oak
*Yaupon Holly
*Possumhaw
Deodor Cedar
 
*Texas Persimmon
*Honey Locust (Thornless)
 
*Yaupon Holly
*Lacebark Elm
 
 
Pecan
 
 
*Plateau Live Oak
 
 
*Shumard Red Oak
 
 
*Southern Live Oak
 
 
Southern Magnolia
 
 
*Sugarberry
 
 
Sweetgum
 
 
Sycamore
 
 
*Texas Ash
 
 
*Texas Red Oak
 
 
*Western Soapberry
 
 
White Ash
 
 
Notes: * Plants preferred due to their lower water demand and high pest resistance.
(Ordinance 2005-04, sec. 1, adopted 5/9/05; 2007 Code, sec. 34-119)