The purpose of this article is the preservation of mature trees
and natural areas in multifamily and nonresidential areas. It is intended
to protect trees during construction, development, and redevelopment,
and to control the removal of protected trees. It also establishes
regulations for replacement and replanting of trees which have been
necessarily removed as provided by this article. This article shall
protect any property from indiscriminate clearing, and will seek to
maintain the natural vegetation and to enhance the image of the city.
(Ordinance 222, sec. 1, adopted 2/8/05)
Unless otherwise specified in this article, no tree exceeding
eight (8) caliper inches shall be removed in a multifamily or nonresidential
district without a tree removal permit approved by the city.
(Ordinance 222, sec. 2, adopted 2/8/05)
The area within three feet (3') of the actual foundation
area of a building.
The area of undisturbed natural 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.
A vertical line run through the outermost portion of the
crown of a tree and extending down to the ground.
A naturally occurring group of 15 or more trees, measuring
a minimum of eight (8) caliper inches, in close proximity such that
the tree canopies, when in leaf, create a relatively consistent area
of shade.
A delineation on the graphic exhibit which shows the boundary
of the area within which all construction activity will occur.
Snow fencing, chainlink fence, barbed wire fence, orange
vinyl construction fencing or other similar fencing with a four-foot
(4') approximate height.
Any self-supporting woody perennial plant which will attain
a trunk diameter of three inches (3") or more when measured at a point
twelve inches (12") above ground level and normally attains an overall
height of at least twenty feet (20') at maturity, usually with one
(1) main trunk and many branches. It may appear to have several stems
or trunks, as in several varieties of oaks.
The largest trees typically found in a naturalized forest.
Canopy trees are also typically called shade trees.
Intermediate size trees that typically grow beneath canopy
trees. Understory trees would not typically reach the trunk size of
a protected tree. The following understory trees measuring three (3)
caliper inches or greater will be accepted for credit by the terms
of this article. Additional Texas native species will be accepted
if approved by the city administrator. An “ornamental tree”
as referred to in the zoning ordinance and a native understory tree
are often interchangeable.
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Common Name
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Scientific Name
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|---|---|
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Common persimmon
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Diospyros virginiana
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Redbud
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Cercis canadensis
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Possumhaw
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Ilex deciduas
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Wax myrtle
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Myrica cerfera
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Mexican plum
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Prunus mexicana
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Western soapberry
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Sapindus drummondii
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Eve’s necklace
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Sophora affinis
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Rusty blackhaw viburnum
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Viburnum rufidulum
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A tree defined as being a recommended tree by the city that
should be saved due to individual characteristics of the tree, or
a tree which has a diameter of eight inches (8") or greater measured
three (3) feet above ground. The diameter of a multi-trunk tree shall
be determined by adding the total diameter of the largest trunk to
1/2 the diameter of each additional trunk.
Any protected tree measuring a minimum of twenty (20) caliper
inches three (3) feet from grade.
(Ordinance 222, sec. 3, adopted 2/8/05)
Each tree cut, killed or removed in violation of this article
shall constitute a separate offense hereunder, punishable by the fine
of $100.00 (one hundred dollars) for each caliper inch of tree cut,
killed or removed up to a maximum of $500.00 for each tree.
(Ordinance 222, sec. 17, adopted 2/8/05)
It is not the intent of these regulations to apply standards
that create severe conditions which may in their observation prevent
the development of property. In the event that the applicant can demonstrate
that the strict application of these regulations causes undue hardship
in their observation, the city council may waive any or all requirements
for a tree removal permit. However, the applicant must provide documentation
that clearly demonstrates the nature and extent of the hardship. Said
documentation shall also be accompanied with a staff report containing
the recommendation of the city administrator.
(Ordinance 222, sec. 14, adopted 2/8/05)
(a)
Developer agreements.
No developer agreement shall be
approved unless the agreement states that all construction activities
shall meet the requirements of the tree preservation ordinance.
(b)
Building permits.
No building permit shall be issued
unless the applicant signs an application permit request which states
that all construction activities shall meet the requirements of the
tree preservation ordinance.
(Ordinance 222, sec. 15, adopted 2/8/05)
A tree removal permit and tree protection and replacement requirements
shall not be required if any of the following conditions exist:
(1)
Dead, damaged or diseased trees.
The tree is certified
by a landscape architect, arborist or other landscape professional
as being dead, diseased, damaged beyond the point of recovery or in
danger of falling.
(2)
Public safety.
The tree can be shown, to the city administrator’s
satisfaction, to create 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,
safety, or welfare.
(3)
Utility service interruption.
For purposes of routine
maintenance, utilities and cable television providers may trim and/or
remove trees that pose a risk to service reliability as referred to
in the customer facts of the state public utility commission’s
“All About Tree Trimming.” Additionally, trees that have
disrupted public utility service due to tornado, flood or other acts
of God may be removed. Removal shall be limited to the part of the
tree that is found necessary to be removed to reestablish and maintain
the utility service.
(4)
Trees in right-of-way or easement on final plat.
The
areas that are within the public street right-of-way or public utility
or drainage easements as shown on an approved final plat shall be
exempt from the tree protection and mitigation (replacement) requirements
specified herein; provided, however, that protected trees in these
areas of a final plat must be shown on the required tree survey.
(5)
Trees near building foundation on site plan.
The area
within three (3) feet of the building foundation as shown on an approved
site plan shall be exempt from the tree protection and mitigation
(replacement) requirements specified herein; provided, however, that
protected trees in these areas of a site plan must be shown on the
required tree survey.
(6)
Non-desirable trees.
The tree is included in the nondesirable
tree list, section 14.4.18 (non-desirable plant materials) of the
city’s zoning ordinance.
(Ordinance 222, sec. 4, adopted 2/8/05)
(a)
Authority of city administrator.
The city administrator
shall be responsible for the review and approval of all requests for
tree removal permits and replacements thereof. If the city administrator
deems it necessary, he/she may require a permit request to be reviewed
by the planning and zoning commission for recommendation to the city
council.
(b)
Application process; exemptions.
Permits for removal
or replacement of trees covered herein shall be obtained by making
application to the city administrator on a form provided by the city.
Public utility companies and cable television providers are exempted
from the permitting process. The application shall be accompanied
by a site plan, as described below.
(c)
Fee.
The application shall be accompanied by the appropriate
fee, according to the fee schedule of the city.
(d)
Application requirements.
The application shall be accompanied
by a written document indicating the reasons for removal or replacement
of trees and a copy of a legible site plan drawn to the largest practical
scale indicating the following:
(1)
Existing and proposed site elevations, grades and major contours.
(2)
Location of existing or proposed structures, improvements, and site
uses, properly dimensioned and referenced to property lines, setbacks
and yard requirements.
(3)
Location of existing or proposed utility easements.
(4)
All existing trees in accordance with the following guidelines:
(A)
Show the location and species of all trees on the site that are at
least eight (8) caliper inches measured three (3) feet above grade,
including those located in areas exempt from mitigation as set forth
in this article.
(B)
Indicate which protected trees are to be removed and which protected
trees are to be retained, including those located in areas exempt
from mitigation as set forth in this article.
(C)
The location of all mitigation (replacement) trees that will be planted
to replace protected trees that are proposed to be removed.
(D)
A summary table showing all protected trees to be retained, trees
to be removed and trees to be replaced, including those located in
areas exempt from mitigation as set forth in this article.
(E)
If the city administrator deems it necessary, the approximate location
of the drip line of trees located adjacent to a proposed improvement
may be required on the site plan.
(5)
All documents and plans shall state the name, address, and telephone
number of the owner and person preparing the exhibit. The site plan
shall be supplemented by a written document stating street address,
lot and block, subdivision name, city and date of preparation.
(e)
Certification of site plan.
The tree information on
the site plan shall be certified by a landscape architect, arborist
or other qualified landscape professional.
(f)
Basis for permits.
The basis for tree removal permits
must be a site plan or final plat that has been approved by the city
council after recommendation from the planning and zoning commission.
(g)
Review of application.
Upon receipt of the proper application,
the city administrator shall review the application or, when applicable,
forward the application to the planning and zoning commission for
recommendation to the city council. Following a review and inspection,
the permit will be approved, disapproved, or may be approved with
conditions by the city administrator or by the city council.
(h)
Approval of plans required prior to tree removal.
Tree
removal of protected trees shall not be permitted until the site plan
and the civil engineering plans or the final plat and the civil engineering
plans for the project have been approved.
(i)
Expiration of permit.
Permits shall be valid for ninety
(90) days after the issue date on the permit. Permits which are issued
in conjunction with a building permit or a site plan approval shall
be valid for the same time frame as such permits are valid.
(j)
Appeal of city administrator’s decision.
Decisions
of the city administrator may be appealed to the city council after
recommendation from the planning and zoning commission.
(Ordinance 222, sec. 5, adopted 2/8/05)
Upon the approval of a tree removal permit, groves may be thinned,
as needed, to maintain the health of the grove.
(Ordinance 222, sec. 6, adopted 2/8/05)
Specimen trees, as defined in this article, shall be preserved
whenever feasible. Siting of buildings, parking lots, driveways and
walkways shall be designed to preserve specimen trees.
(Ordinance 222, sec. 7, adopted 2/8/05)
A minimum of 50% of the protected trees located in a twenty-foot
buffer area adjacent to any street or adjacent to any residentially
zoned property must be preserved.
(Ordinance 222, sec. 8, adopted 2/8/05)
In the event that it is necessary to remove protected tree(s)
outside of the buildable area, the developer shall, as a condition
to issuance of a tree removal permit, be required to replace the protected
tree(s) being removed with comparable trees somewhere on the property.
A sufficient number of trees shall be planted to equal, in caliper
inches, 1.5 (one and one-half) the diameter of the trees removed.
Said replacement trees shall be at least three (3) inches in caliper
when planted, measured three (3) feet above grade, and shall be a
species listed on the city’s canopy tree list, section 14.4.17
(approved plant list) of the city’s zoning ordinance.
(Ordinance 222, sec. 9, adopted 2/8/05)
The following procedures shall apply for the protection of all
protected trees to be preserved, unless otherwise permitted by this
article:
(1)
Requirements prior to development.
(A)
Protective fencing.
The owner shall install protective
fencing around each protected tree or grouping of protected trees.
Protective fencing shall completely enclose the drip line and critical
root zone of each protected tree. Such fencing shall be a minimum
of four feet (4') in height and shall be in place prior to start of
any construction activities. Protective fencing shall remain in place
in a properly maintained condition until all exterior construction
has been completed.
(B)
Project entry driveways.
Prior to construction, the
owner shall establish and maintain a construction entrance that avoids
all protected trees.
(2)
Protection of root zone; attaching signs, wires, etc.
The area within the root zone of protected trees shall not be used
for any purpose, including, but not limited to, the following:
(A)
Material and equipment storage.
The developer shall
not store any material or equipment within the critical root zone
of the protected tree. During the construction stage of the development,
no cleaning or storage of equipment or material shall be allowed within
the drip line of the trees or under the canopy of the tree. Materials
include but are not limited to oils, paint, solvents, mortar, asphalt,
and concrete.
(B)
Attachments.
No signs, wires, or other attachments except
protective barriers shall be attached to the protected trees.
(C)
Traffic.
No vehicular traffic, construction equipment
traffic, or parking shall take place within the critical root zone
of the protected tree other than on an existing street pavement. This
restriction does not apply to single incident access 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 moving operations.
(D)
Grade changes.
No grade change in excess of four inches
(4") shall be allowed within the limits of the critical root zone
of any protected tree unless adequate construction methods are approved
beforehand.
(E)
Paving.
No impervious paving with asphalt or concrete
shall be placed within the critical root zone of a protected tree.
(Ordinance 222, sec. 10, adopted 2/8/05)
(a)
Generally.
No protected tree shall be pruned in a manner
that significantly disfigures the tree, or in a manner which would
reasonably lead to the death of the tree.
(b)
Public utility companies and cable television providers.
All public utility companies and cable television providers shall
be required to maintain at the city a set of pruning specifications
to be followed by all pruning contractors working for the company
within the city. Public utility companies and cable television providers
may prune trees for the purposes of maintaining service reliability
or during circumstances to restore service without obtaining a permit.
(Ordinance 222, sec. 11, adopted 2/8/05)
(a)
Planting near overhead utility lines.
Any required replacement
trees shall not be planted within an area such that the mature canopy
of the tree will come within ten feet (10') of any overhead utility
lines.
(b)
Planting near underground utility lines or fire hydrants.
Any required replacement trees shall not be planted within an area
such that the mature root zone of the tree will interfere with underground
public utility lines. No tree shall be planted within ten feet (10')
of a fire hydrant.
(Ordinance 222, sec. 12, adopted 2/8/05)
(a)
The
purpose of this section is to increase the aesthetic integrity of
the city for residents by encouraging the retention of protected trees
in the perimeter and parkway areas where a site is most visible to
those traveling along the public roadways.
(b)
15%
of the required caliper inches for replacement trees may be exempt
from this article if the applicant can show certification that the
percentage of the combined total of existing protected trees in each
of the categories shown in the following table have been preserved.
Certification must be provided by a landscape architect or other qualified
landscape design professional.
(c)
Calculations
must be provided with the tree removal application showing that the
required percentage of trees have been retained in all areas. Such
calculations shall show the total number of existing protected trees
in each area and the total number of trees to be retained.
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TABLE OF CREDITS
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|---|---|---|
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Type Tree
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Location
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Percent Preserved
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Protected tree
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Project perimeter
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90%
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Protected tree
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Public street parkway*
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50%
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Protected tree
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Adjacent to street and residential zoning
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90%***
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Understory trees**
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Entire project
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20%
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*
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Requirement applies to area from behind the back of curb to
the right-of-way line after providing for driveways, public roads,
utilities or other similar purposes.
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**
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An understory tree must measure a minimum of two (2) caliper
inches.
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***
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Credit applies to the protected trees that are not required for preservation as stated in section 1.10.011.
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(Ordinance 222, sec. 13, adopted 2/8/05)
