Division 8 Tree Preservation and Removal

Role of parks and recreation board.

The parks and recreation board shall serve as the tree board for the town (the “board”).

Duties and responsibilities.

It shall be the responsibility of the board to:

Determine cash value for a tree replacement;

Designate protected, specimen, historical, and majestic trees, as defined herein;

Develop and approve tree lists;

Inform and develop an informational tree pamphlet;

Hear appeals;

(6)

Annually develop a written plan, in conjunction with the town manager or his designee for the care, preservation, trimming, planting, replanting, removal, or disposition of trees and shrubs in public ways, streets, alleys, and parks. Such plan will be presented annually to the town council and upon acceptance and approval, shall constitute the official comprehensive tree plan for the town. The town manager or his designee shall be charged with carrying out the plan; and

(7)

Ensure the Tree City USA application for recertification is submitted annually.

(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05; Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.02; Ordinance 2009-04, sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.01, adopted 3/21/11)

§ 10.02.243 Tree preservation.

Intent.

The removal or replanting of any protected trees (specifically, protected, specimen, majestic or historic trees, as defined in this division) requires a tree removal permit or a tree replanting permit, as the case may be, in accordance with the terms and provisions hereof.

Applicability.

The purpose of this division is to regulate undeveloped and vacant real property in accordance with the regulations contained herein both prior to and during the platting, subdivision and development of property, including but not limited to grading or any other construction activity. The terms and provisions of this division shall apply to all real property within the town’s corporate limits which meets one or more of the following criteria:

All vacant or undeveloped real property prior to and during the platting, subdivision and development of property, including but not limited to grading, any other construction activity on the property, or preparation of the property for any construction activity thereon;

All platted real property which is replatted, resubdivided or for which additional subdivision occurs;

The yard areas of all developed property, excluding developed single-family and two-family residential property. It is provided, however, that where a building lot or site is one acre or larger in size, then no protected, specimen, majestic or historic trees shall be removed from the buildable area of the lot or site before the issuance of a building permit relating to the lot or site.

Exemptions.

The terms and provisions of this division shall not apply to developed single-family and two-family residential property.

Local taxing authorities, constructing or improving public grounds and/or buildings, shall be exempt from the requirements set forth in this division.

The terms and provisions of this division shall not apply to developed single-family and two-family residential property.

Exceptions.

Under the following circumstances, a tree removal permit is not required:

In the event that any protected, specimen, majestic or historic 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 for removal may be given by the town manager or his designee upon the request of the owner of the property upon which the tree is located, and such protected, specimen, majestic or historic tree may then be removed without obtaining a written permit as required by this division.

During the period of an emergency, such as a tornado, storm, flood or other act of God, the requirements of this division may be waived as deemed necessary by the town manager or his designee.

Utility companies franchised or otherwise authorized to provide utility service may remove protected, specimen, majestic or historic trees that endanger public safety and welfare by interfering with utility service, except where such trees are on owner-occupied properties developed for single-family or two-family use, removal of such trees shall be at the option of the property owner(s).

The mowing, clearing and grubbing of brush located within or under the drip lines of protected, specimen, majestic or historic trees shall be allowed, provided such mowing, clearing or grubbing is accomplished by hand or by manually operated mowers. The use of bulldozers, loaders or other construction or earth-moving equipment for this purpose shall not be allowed.

For public recreational property or uses, such as public golf courses and baseball, soccer, football or similar public athletic facilities, and public works projects such as water or wastewater treatment plants, pump stations, storage tanks, and public streets and drainage improvements, the buildable area of the property shall include that portion of the property necessary for the construction of such recreational and public works improvements, including sufficient adjacent area to allow the normal operation of construction equipment.

(6)

The terms and provisions of this division shall not apply to a lot of record, a deed for which was recorded in the office of the county clerk prior to the passage of this division, or to any development, subdivision or resubdivision for which a completed application for approval has been filed with the town or for which a plat has been approved by the planning and zoning commission and/or the town council and filed in the plat records of the county prior to the effective date of this division.

(7)

All easements and rights-of-way included on a record plat approved by the town and filed in the plat records of the county.

(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05; Ordinance 2006-20, sec. II, adopted 7/10/06; Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.03; Ordinance 2009-04, sec. II, adopted 2/16/09)

§ 10.02.244 Information assistance.

In furtherance of the purpose and provisions hereof, the board shall develop and make available to persons making application for either tree removal permits or tree replanting permits, and make available to the general public an informational pamphlet identifying appropriate and useful facts, guidelines and how-to information relative to the preservation, protection and replanting of trees.

The town manager or his designee shall also develop, maintain and make available to applicants for tree removal permits or tree replanting permits and to the general public, a tree species reference book to provide more detailed information concerning tree care in general and the characteristics, soil and growth requirements and other traits of specific tree species identified on the town’s protected tree list and approved tree planting and replacement list.

A current edition of the Texas Association of Nurserymen Grades and Standards, as applicable, to the tree species on the town’s protected tree list and approved tree planting and replacement list, shall be maintained by the town manager or his designee and made available to applicants for building permits, tree removal permits or tree replanting permits and to the general public, as only those trees meeting and planted or replanted in accordance with the applicable Texas Association of Nurserymen Grades and Standards shall satisfy the tree planting, replanting and/or replacement standards and requirements contained herein.

(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05; Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.04; Ordinance 2009-04, sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.02, adopted 3/21/11)

§ 10.02.245 Protected trees.

Designation of protected trees.

A “protected tree” shall be any existing living tree of a species or type listed on the town’s protected tree list and that has or possesses each of the following characteristics or criteria:

A single trunk of six inches (6") in caliper width or greater, measured at one foot (1') above natural grade level, and at least eight feet (8') high; or a multi-trunk having a total caliper width of eight inches (8"), measured by combining the caliper width of the largest stem or branch with one-half (1/2) the caliper width of each additional stem or branch, all measured at one foot (1') above natural grade level, and at least twelve feet (12') high; and

Located outside of a public street, alley, right-of-way, utility easement, drainage easement, fence easement, pedestrian access easement, or other public right-of-way or easement; or the buildable area of a building lot or site, as included on a record plat approved by the town council and filed in the plat records of the county; or the buildable area of a building lot or site, as included on a building permit site plan approved by the town. For the purposes of any development of a building lot or site one (1) acre in area or larger, “buildable area” shall mean all that portion of the building lot or site inclusive of the footprint of the building(s) and projected ten feet (10') from the outside of the building footprint. For the purposes of any development of a building lot or site less than one (1) acre in area, “buildable area” shall mean that portion of the building lot or site not within the required front yard, side yard and rear yard areas. For the purposes of issuing building permits, “buildable area” shall also mean those areas on a building lot or site, as shown on the required site plan, necessary for the construction of such other improvements as pools, tennis courts and accessory buildings, excluding driveways and parking lots and including sufficient adjacent area to allow for the normal operation of construction equipment.

Exception.

A protected tree shall not include any living tree that a registered arborist or landscape architect certifies in writing is injured, dying, diseased or infested with harmful insects; that is in danger of falling, interferes with utility service or creates unsafe vision clearance; in any manner creates a hazardous or dangerous condition so as to endanger the public health, welfare or safety; or that is identified on approved construction plans as necessary to be removed to comply with EPA or TCEQ stormwater permitting requirements or FHA lot grading plans.

Approved tree list.

Generally.

The tree species lists contained herein have been developed and will be periodically updated by the board and shall be maintained as guides for the identification and selection of tree species that meet the various standards and requirements of this division. Trees included on these tree species lists were selected on the basis of one or more of the following criteria or factors: hardiness, resistance to disease, suitability relative to local climate and soil conditions, adaptability for transplantation, longevity, and to various landscape conditions, resistance to drought, aesthetic qualities, shade provision, windbreak provision, and screening qualities.

Protected tree list.

Only those tree species found on the following list shall be subject to the preservation, protection and replanting requirements of this division.

Protected Tree List
American Elm	(Ulmus americana)
Austrian Pine	(Pinus nigra, Pinus nigra caramanica, Pinus nigra nigra)
Bald Cypress	(Taxodium distichum)
Black Walnut	(Juglans nigra)
Blackjack Oak	(Quercus marilandica)
Bur Oak	(Quercus macrocarpa)
Carolina Buckthorn	(Rhamnus caroliniana)
Cedar Elm	(Ulmus crassifolia)
Chinese Pistache	(Pistachia chinensis)
Chinkapin Oak	(Quercus muehlenbergii)
Chittamwood	(Bumelia languinosa)
Common Persimmon	Diospyros virginiana)
Eldarica Pine	(Pinus eldarica)
Escarpment Live Oak	(Quercus fusiformis)
Japanese Black Pine	(Pinus thunbergii)
Lacebark Elm	(Ulmus parvifolia)
Magnolia	(Magnolia grandiflora)
Mexican Plum	(Prunus mexicana)
Pecans and Hickories	(Carya species)
Possum Haw	(Ilex deciduas)
Post Oak	(Quercus stellata)
Redbuds	(Cercis species)
Sawtooth Oak	(Quercus acutissima)
Shumard Oak	(Quercus shumardi)
Slippery Elm	(Ulmus rubra)
Southern Live Oak	(Quercus virginiana)
Sweet Gum	(Liquidambar styraciflua)
Texas Buckeye	(Aesculus glabra v. arguta)
Texas Red Oak	(Quercus texana)
Water Oak	(Quercus nigra)
Western Soapberry	(Sapindus drummondii)
Winged Elm	(Ulmus alata)
Yaupon Holly	(Ilex vomitoria)

(d)

Replanting of protected trees.

No person, directly or indirectly, shall replant, relocate, transfer or move from one location to another any protected tree on any real property within the town without first obtaining a tree replanting permit.

(e)

Replanting standards.

Only those trees meeting and replanted in accordance with the applicable Texas Association of Nurserymen Grades and Standards shall satisfy the tree replanting requirements contained herein.

(f)

Penalty for unauthorized replanting of protected trees.

Any person replanting, relocating, transferring or moving from one location to another any protected trees on any real property within the town without first obtaining a tree replanting permit, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 10.02.248(e) below.

(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05; Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.05; Ordinance 2009-04, sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.02, adopted 3/21/11)

§ 10.02.246 Specimen trees.

Designation of specimen trees.

Specimen trees shall be designated according to the following provisions:

§ 10.02.247 Majestic or historic trees.

Except as specified below, any tree listed on the town’s protected tree list and the caliper of which is within fifty percent (50%) of the caliper width or circumference (measured at one foot (1') above ground level) of the same such tree as listed in the most current edition of the Big Tree Registry, as amended, published by the Texas Forest Service, shall be considered a “specimen tree.” A copy of such registry shall be available for review in the parks department. On a going-forward basis (as land is platted), a listing and map of all designated specimen trees shall be maintained and updated by the town manager or his designee and made available to the public upon request. In addition to the provisions of this subsection, a specimen tree shall be any other tree that has been designated by the town council, upon recommendation by the board, after public hearing and due notice to the owner of the tree, to be of high value because of its type, size, age or other relevant criteria. Notwithstanding the foregoing, the trees listed below shall be considered specimen trees in accordance with the following schedule:

Type of Tree	Percent of Big Tree Registry
Any tree not listed on the protected tree list in section 10.02.245 herein	75%

(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05; Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.06; Ordinance 2009-04, sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.02, adopted 3/21/11)

Designation of majestic or historic trees.

Majestic or historic trees shall be designated according to the following provisions:

Majestic trees.

Any tree listed on the town’s protected tree list and within seventy-five percent (75%) of the caliper width or circumference (measured at one foot (1') above ground level) of the same such tree as listed in the most current edition of the Big Tree Registry, as amended, published by the Texas Forest Service, shall be considered a majestic tree. A copy of such registry shall be available for review in the parks department. A listing and map of all designated majestic trees shall be maintained and updated by the town manager or his designee and made available to the public upon request. In addition to the provisions of this subsection, a specimen tree shall be any other tree that has been designated by the town council, upon recommendation by the board, after public hearing and due notice to the owner of the tree, to be of high value because of its type, size, age or other relevant criteria.

§ 10.02.248 Tree removal and replacement.

Historic tree.

Upon recommendation by the board, a historic tree shall be any tree that has been designated by the town council, after public hearing and due notice to the owner of the tree, as a tree of notable historical interest and value to the town because of its location or historical association with the community. A listing and map of all designated historic trees shall be maintained and updated by the town manager or his designee and made available to the public upon request.

(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05; Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.07; Ordinance 2009-04, sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.02, adopted 3/21/11)

Removal of protected trees.

No person, directly or indirectly, shall cut down, destroy, remove or effectively destroy through damaging any protected, specimen, historic or majestic tree, on any real property within the town without first obtaining a tree removal permit, as provided in section 10.02.250, Tree Permits, unless otherwise exempted by the terms of this division.

Permit required.

Protected, specimen, historic or majestic trees shall not be removed prior to the issuance of a tree removal permit, as provided in section 10.02.250. Under no circumstances shall the clear-cutting of protected, specimen, historic or majestic trees on any real property within the town be allowed prior to the issuance of a tree removal permit for such property.

Replacement trees required.

It shall be the responsibility of any person obtaining a tree removal permit to provide replacement tree(s) according to the following criteria:

Protected trees: Replace with tree(s) having a total caliper width equivalent to one and one-half (1-1/2) times that of the trees to be removed.

Specimen trees: Replace with tree(s) having a total caliper width equivalent to two (2) times that of the trees to be removed.

Historic or majestic trees: Replace with tree(s) having a total caliper width equivalent to two and one-half (2-1/2) times that of the trees to be removed.

“Total caliper width” for replacement trees shall be measured as follows: For single-trunk trees, the width shall be measured at one foot (1') above ground level. For multi-trunk trees, “total caliper width” shall be calculated by combining the caliper width of the largest stem or branch with one-half of the caliper width of each additional stem or branch, all measured at one foot (1') above ground level.

Example: If a 6-inch (6") protected tree is removed, then that tree must be replaced by trees with a total caliper width of nine inches (9"). This total caliper width could be satisfied by one (1) nine-inch (9") caliper replacement tree, or three (3) three-inch (3") caliper width replacement trees, or any other combination providing a total caliper width of nine inches (9").

Such replacement trees shall be container-grown and have a minimum caliper width of two and one-half inches to three inches (2-1/2" to 3"), measured at one foot (1") [sic] above ground level. Alternatively, container-grown replacement trees may have a minimum caliper width of four inches (4") measured at one foot (1") [sic] above ground level. In any event, replacement trees shall have a minimum height of at least six feet (6').

At the discretion of the town manager or his designee, monetary compensation may be paid to the town instead of providing the replacement trees as required by this division. Any such payments shall be deposited in a special account or fund and used by the town to provide and/or support supplemental landscape plantings in public areas of the town or to support the administration and enforcement of the town’s tree preservation regulations. A per-caliper-inch cash value for replacement trees shall be set annually by the town council after review and recommendation by the board. The town manager or his designee shall maintain a record of the current per-caliper-inch cash value of replacement trees.

(d)

Acts specifically prohibited.

The following acts are prohibited:

It shall be unlawful for a person to violate any provision of this division.

It shall be unlawful for any person to remove or cause to be removed from real property subject to this division a protected, specimen, historic or majestic tree without first obtaining a tree removal permit.

It shall also be unlawful for a person to cause or to allow to cause a tree to be injured as a result of a failure to follow and/or require the use of tree protection measures specified herein such that the tree dies or may reasonably be expected to die.

(e)

Replacement required upon conviction of offense.

If a person fails to obtain a tree removal permit as required by this division, then upon conviction of such violation in municipal court or upon the entry of a plea of guilty or no contest, such person shall in addition to the fine imposed by the court, provide a replacement tree or trees for each such violation. The replacement tree(s) shall have a total caliper width equivalent to:

Protected trees: Five (5) times that of the removed tree(s).

Specimen trees: Ten (10) times that of the removed tree(s).

Majestic or historic trees: Fifteen (15) times that of the removed tree(s).

Such replacement trees shall be container-grown and have a minimum caliper width of two and one-half inches to three inches (2-1/2" to 3"), measured at one foot (1') above ground level. In any event, replacement trees shall have a minimum height of at least six feet (6').

(f)

Approved tree planting and replacement list.

Only those tree species found on the following approved tree planting and replacement list shall satisfy the tree planting and replacement standards and requirements of this division.

Approved Tree Planting and Replacement List
Common Name	Scientific Name
American Elm	(Ulmus americana)
Lacebark Elm	(Ulmus parvifolia)
Winged Elm	(Ulmus alata)
Southern Live Oak	(Quercus virginiana)
Escarpment Live Oak	(Quercus fusiformis)
Sawtooth Oak	(Quercus acutissima)
Shumard Oak	(Quercus shumardi)
Chinkapin Oak	(Quercus muehlenbergii)
Bur Oak	(Quercus macrocarpa)
Texas Red Oak	(Quercus texana)
Water Oak	(Quercus nigra)
Bald Cypress	(Taxodium distichum)
Pecans and Hickories	(Carya species)
Chinese Pistache	(Pistachia chinensis)
Black Walnut	(Juglans nigra)
Austrian Pine	(Pinus nigra, Pinus nigra caramanica, Pinus nigra nigra)
Eldarica Pine	(Pinus eldarica)
Japanese Black Pine	(Pinus thunbergii)
Leyland Cypress	(Cupressocyparis leylandi)
Magnolia	(Magnolia grandiflora)
Eastern Red Cedar	(Juniperus virginiana)
Sweet Gum	(Liquidambar styraciflua)
Western Soapberry	(Sapindus drummondii)

(g)

Approved median and right-of-way tree planting list.

The following tree species shall be allowed to be planted in medians and right-of-way when approved by the town. Additional tree species with non-aggressive root systems/deep root systems may be authorized for planting by the board upon necessity and good cause shown.

Approved Median and ROW Tree Planting List
Common Name	Scientific Name
Aristocrat Pear	(Pyrus)
Austrian Pine	(Pinus nigra, Pinus nigra caramanica, Pinus nigra nigra)
Bald Cypress	(Taxodium distichum)
Black Walnut	(Juglans nigra)
Burford Holly	Ilex cornuta burfordii
Bur Oak	(Quercus macrocarpa)
Carolina Buckthorn	(Rhamnus caroliniana)
Chinese Pistache	(Pistachia chinensis)
Chinkapin Oak	(Quercus muehlenbergii)
Crepe Myrtle	(Lagerstroemia indica)
Eldarica Pine	(Pinus eldarica)
Fruitless Crabapples	(Malus species)
Green Ash	(Fraxinus pennsylvanica)
Hickories	(Carya species)
Japanese Black Pine	(Pinus thunbergii)
Lacebark Elm	(Ulmus parvifolia)
Native Pecan	(Carya species)
Nelly R. Stevens	Ilex Nelly R. Stevens
Plum	(Prunus species)
Possum Haw	(Ilex deciduas)
Redbuds/Whitebuds	(Cercis species)
Red Maple	(Acer rubrum)
Sawtooth Oak	(Quercus acutissima)
Shumard Oak	(Quercus shumardi)
Slash Pine	(Pinus elliottii)
Slippery Elm	(Ulmus rubra)
Sweet Gum	(Liquidambar styraciflua)
Texas Buckeye	(Aesculus glabra variety arguta)
Texas Red Oak	(Quercus texana)
Thornless Honey Locust	(Gleditsia triacanthos variety inermis)
Wax Myrtle	(Myrica cerifera)
Western Soapberry	(Sapindus drummondii)
Winged Elm	(Ulmus alata)
Yaupon Holly	(Ilex vomitoria)

(h)

Distance from street corner and fireplugs.

No tree shall be planted closer than thirty-five feet (35') of any street corner, measured from the point of nearest intersecting curbs or curb lines. Trees found in the rights-of-way shall be planted no closer than ten feet (10') of any fireplug.

Utilities.

No trees other than small species may be planted under or within ten (10) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water line, sewer line, transmission line or other utility.

(j)

Public tree care.

The town shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.

(k)

Tree topping.

It shall be unlawful as a normal practice for any person to top any tree located on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Upon the written approval of the town manager or his designee, trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from the requirements of this division.

(l)

Pruning; corner clearance.

Every owner of any tree overhanging any street or right-of-way within the town shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet (8') above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The town shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic-control device or sign.

(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05; Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.08; Ordinance 2009-04, sec. II, adopted 2/16/09; Ordinance 2010-06 adopted 2/15/10; Ordinance 2011-06, sec. 2.02, adopted 3/21/11)

§ 10.02.249 Tree protection measures.

The following tree protection measures shall be required:

Prior to any construction or any land development, the developer shall install four-foot-high (4') plastic (or equivalent) safety fencing around the drip line of protected trees and six-foot-high (6') chain-link fencing around the drip line of specimen, majestic, and historic trees. Prior to and during construction or land development, all protected trees within thirty feet (30') of a public right-of-way, public easement or buildable lot area, as included on the applicable approved and filed record plat, shall be marked with three-inch (3") wide red ribbon or tape.

Prior to any construction or any land development, the developer shall establish designated parking areas for the parking and maintenance of all vehicles, trailers, construction equipment and related items and designated stockpile areas for the storage of construction supplies and materials during construction of the subdivision. The location and dimensions of said designated areas shall be clearly identified on both subdivision construction and site plans. Said designated areas shall be completely fenced with chain-link fencing and gates for safety purposes and to separate protected, specimen, majestic or historic trees from the construction area and related construction activity. The designated parking and stockpile areas may be combined into one fenced area, provided the preservation of protected trees is not adversely affected or jeopardized. Supplies and pipe and other items that are customarily unloaded where installed shall not be required to be stored within the designated stockpile areas.

During construction, the developer shall prohibit the cleaning of equipment or materials and/or the disposal of any waste material, including, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy or drip line of any protected, specimen, majestic or historic tree or group thereof.

No attachments or wires of any kind, other than those of a protective nature, shall be attached to any protected, specimen, historic or majestic tree.

With major grade changes of six inches (6") or greater, a retaining wall or tree well of rock, brick, or other approved materials shall be constructed around the tree no closer than the drip line of the tree. The top of the retaining wall or tree well shall be constructed at the new grade.

(6)

Unless otherwise approved by the town manager or his designee or the board, no construction or construction-related activity shall occur under the canopy or drip line of any protected, specimen, majestic or historic tree or group thereof. Furthermore, if a foundation, street or alley pavement, utility line, on-site sewerage facility, pool, tennis court, patio, sidewalk, drive or parking lot must be constructed within the drip line of a protected tree, it shall be constructed no closer than five feet (5') from the trunk of such protected tree provided further that the portion of any driveway or parking lot constructed within the drip line of any protected, specimen, majestic or historic tree or group thereof shall be constructed of pavestone or other permeable materials as approved by the town manager or his designee.

(7)

Any permitted trees removed during land development, construction, or construction-related activities shall be chipped or hauled off-site. Burning of removed trees is prohibited.

(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05; Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.09; Ordinance 2009-04, sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.02, adopted 3/21/11)

§ 10.02.250 Tree permits.

Tree replanting permit.

Tree replanting permits shall be subject to the following procedures.

Application for tree replanting permit.

An application for a tree replanting permit may be submitted at any time and need not be submitted in conjunction with a development plan, record plat or building permit. Tree replanting permits must be obtained by making application to the town’s parks department on forms prescribed by the town. No fee shall be charged to make application for a tree replanting permit. The application shall also be accompanied by a written document indicating the reasons for replanting of the protected tree or trees, and two (2) legible copies of a site or plot plan, drawn to the largest practicable scale, indicating the following minimum information:

The existing location, caliper width, height, and common name of all protected trees proposed to be replanted, and the proposed location or locations for such replanting of such trees.

The location of all existing or proposed structures, improvements, easements, and site uses, properly dimensioned and referenced to property lines, setback and yard requirements, and special relationships.

The information required herein may be summarized in legend form on the site or plot plan.

Review of application for tree replanting permit.

Upon receipt of a proper application for a tree replanting permit, the town manager or his designee shall review the application and may conduct field inspections of the site or development and/or refer the permit application to other departments for review and recommendations as deemed necessary and appropriate. The application for a tree replanting permit shall be approved unless the town manager or his designee determines that the proposed replanting will unnecessarily damage or jeopardize the health of the tree or trees proposed to be replanted. Such determination lies within the sole discretion of the town manager or his designee. A denial of an application for tree replanting permit by the town manager or his designee may be appealed to the board. The decision of the board may be appealed to the town council as provided in section 10.02.252 of this division, the decision of [the town council on] such permit application is final.

Tree removal permit.

Tree removal permits shall be subject to the following procedures:

Application for tree removal permit.

Tree removal permits for the removal of protected, specimen, majestic and historic trees in conjunction with the development, subdivision and/or resubdivision of real property shall be obtained by making application to the town manager or his designee on forms prescribed by the town. The application shall accompany the site plan or plat of the development and shall include a written document indicating the reasons for removal of the protected tree or trees. The application must be completed and signed by a registered arborist or landscape architect and must include two (2) copies of a legible tree survey, drawn to the largest practicable scale, indicating the following:

The location, caliper width, height, and common name of all single-trunk trees of six inches (6") caliper width or greater, measured at one foot (1') above natural grade level, and at least twelve feet (12') high; and all multi-trunk trees having a total caliper width of eight inches (8"), measured by combining the caliper width of the largest stem or branch with one-half (1/2) the caliper width of each additional stem or branch, all measured at one foot (1') above natural grade level, and at least twelve feet (12') high.

The location of both the trunk and drip line, caliper width, height, estimated age (not to be determined using invasive measures which might damage the tree), a reproducible color photograph, and common name of all protected, specimen, majestic, and historic trees proposed to be removed.

Provide existing natural grade elevation and proposed final grade elevation at each location for which for each protected tree for which a tree removal permit is requested.

(D)

The location and dimensions of all existing or proposed public streets, alleys, rights-of-way, utility easements, drainage easements, fence easements, pedestrian access easements or other public rights-of-way or easements.

(E)

The location of all existing or proposed property lines, lot lines, building lines, setback and yard requirements, any proposed building footprint or floor plan, and other special relationships or significant features of the proposed development plan, record plat or site plan of the development.

(F)

Existing and proposed site elevations, grades and major contours: including a chart listing all protected, specimen, majestic, and historic trees, their respective locations, and indicating where grades around protected trees will be changed by six inches (6") or more.

(G)

The information required herein shall be summarized in legend form on the tree survey and shall include the reason for the proposed removal of the protected tree or trees.

(H)

Each tree shall be identified by numerical reference on the tree survey.

(I)

Each tree shall be affixed with a permanent tag bearing the corresponding number as depicted on the tree survey. The tag shall be permanently attached at a height not less than five feet (5') nor more than six feet (6') above existing grade on the south face of the tree.

(J)

The survey shall bear the stamp or seal of a registered surveyor relative to the location of any trees and shall bear the stamp or seal of a registered landscape architect, or registered arborist relative to the species of any trees.

(K)

A sign shall be placed on each separate lot or tract for which a tree removal permit is requested to inform the general public that an application for a tree removal permit(s) has been filed relative to a protected, specimen, majestic, or historic tree. The sign must meet the following criteria:

The size of the sign(s) shall be three feet (3') by four feet (4') and be made out of aluminum or corrugated plastic material;

(ii)

The sign(s) shall be mounted on stakes/poles;

(iii)

The sign(s) shall be visible from the street;

(iv)

There shall be one (1) sign for each street frontage; and

(v)

The sign(s) shall have a white background, with letters and borders being green in color. The sign(s) shall state the following:

TOWN OF TROPHY CLUB, TX

A TREE REMOVAL PERMIT HAS BEEN

REQUESTED FOR THIS SITE

FOR INFORMATION, CALL 682.831.4680

Review of application for tree removal permit.

An application for a tree removal permit shall be accompanied by the appropriate administrative fee as designated on the schedule of fees adopted by the town council, including all amendments thereto. Upon receipt of a proper application accompanied by the appropriate fee, the town manager or his designee shall review the application and may conduct field inspections of the development and/or refer the permit application to other departments for review and recommendations as deemed necessary and appropriate.

The application for a tree removal permit, if required, shall be considered an integral part of the application for site plan or plat approval, as applicable, and no site plan or plat subject to the requirements of this division shall be approved without the approval of a tree removal permit.

The town manager or his designee may approve, approve with conditions, or deny a request for a tree removal permit for protected trees. An appeal of the decision of the town manager or his designee may be made to the board.

§ 10.02.251 Land-disturbing activities.

The board’s recommendation concerning an application for tree removal permit shall be reviewed by the town council. The town council may then approve the application, approve it with conditions, or deny the application; however, the town council may overturn the denial of an application for tree removal permit by the board only upon a finding that the subject development, subdivision or resubdivision cannot reasonably be developed, based on economic and/or practical considerations, without removal of the tree or trees included in the permit application.

(D)

Approval for a tree removal permit authorizing the removal of a historic or majestic tree shall require a three-fourths (3/4) majority vote of the board and the town council, respectively.

(Ordinance 2002-40, sec. II, adopted 12/2/02; Ordinance 2005-11, sec. II, adopted 5/2/05; Ordinance 2006-40, sec. II, adopted 10/2/06; 2006 Code, ch. 12, sec. 8.10; Ordinance 2009-04, sec. II, adopted 2/16/09; Ordinance 2011-06, sec. 2.02, adopted 3/21/11; Ordinance adopting Code)

Approval and permit required.

No person shall engage in any land-disturbing activities, including but not limited to the removal of trees, land clearing and/or grading or other pre-construction preparatory activity without the required approvals and permits. All such land-disturbing activities shall be confined to the interior limits of the grading area identified on an approved grading plan. A clearing and grading permit is required in the town prior to any land-disturbing activity.

Exceptions.

It shall be an exception to the permit requirement of this section when a person is engaging in one or more of the following activities:

Land-disturbing activities in an emergency situation involving immediate danger to life and property or substantial fire hazard;

Land-disturbing activities of one (1) acre or less on a single lot, under one (1) ownership, for the purpose of construction, landscaping and/or associated improvements for a single-family residence to be constructed as indicated on the site plan submitted to the town manager or his designee with an approved application for a building permit;

The removal of underbrush, dead trees or diseased or damaged trees which constitute a hazard to life and property based upon a field inspection verification by the town manager or his designee;

Land-disturbing activities or other practices associated with and necessary to conduct normal agricultural crop operations on a property, excluding timber cutting.

Standards.

General requirements.

Following the approval of a preliminary plat by the planning and zoning commission and the town council, and the issuance of a tree removal permit by the permitting department, land-disturbing activities are permitted subject to the following criteria:

The applicant shall provide the town written acknowledgement that all grading completed prior to the approval of a final plat is at the risk of the developer/applicant and is subject to change based on the approval of the final plat by the planning and zoning commission and town council and the release of the construction plans.

All work must be in conformance with the approved tree removal permit, tree protection plan and tree mitigation plan.

All erosion control and tree protection devices must be in place prior to the commencement of land-disturbing activities, and shall be properly maintained at all times.

(D)

The placement of fill shall be in strict conformance to the plans and specifications provided for the project.

(E)

The town engineer has reviewed the construction plans including drainage and released them for grading only.

(F)

No construction activity of any kind shall take place in the 100-year floodplain without an approved conditional letter of map revision (CLOMAR).

(G)

Land-disturbing activities and other operations shall not create or contribute to landslides, accelerated soil creep, and/or settlement.

(H)

Land-disturbing activities and other operations shall not create or contribute to flooding, erosion, or increased siltation or other forms of pollution in a watercourse.

(I)

Land-disturbing activities and other operations shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time, consistent with anticipated build-out schedule.

(J)

Debris, including but not limited to, tree limbs, construction material and other non-earthen material shall be removed from cleared sites as it is created and shall not be stockpiled on the site.

(K)

All applicable fees shall be paid.

Cut and fills.

Slopes greater than three feet (3') in height shall be no steeper than two (2) horizontal to one (1) vertical foot, except where approved retaining walls are engineered and installed and where trenches are refilled with material from the excavation or as approved by the town to meet other community or environmental objectives.

All topsoil removed during ground surface preparation shall be stockpiled on the site and stabilized within fourteen (14) days.

When the owner of any parcel raises[,] lowers, or alters the level or existing grade of a site by fill or excavation; he or she shall, at their expense, take all steps necessary to ensure compliance with the following:

Take or cause to be taken all actions necessary to protect all adjoining property from encroachment by such fill or excavation, or danger of collapse due to such excavation either by the erection of an engineered retaining wall or by sloping the sides of such fill or excavation either within the confines of the site; and

(ii)

When engaging in land-disturbing activities; including, but not limited to, cut and fill, such person shall not alter or otherwise compromise the intent or use of existing drainage and utility easements as originally designed and approved by the town.

(iii)

Establishing ground cover. A temporary ground cover shall be established on all graded or disturbed areas not intended to be developed within fourteen (14) days of completion of any land-disturbing activity.

(d)

Grading plan evaluation criteria.

When evaluating a grading plan, the town manager or his designee shall review the grading plan for compliance with the following criteria:

Appropriate footprint sizes are identified on the grading plan and developments are designed in accordance with the natural terrain and drainage of the site. Erosion prevention and control measures are utilized, including protection of natural swales and drainage areas. Severely eroded areas are stabilized.

Mass cutting, filling and benching or terracing of existing slopes to create additional or larger building sites are prohibited; therefore, the grading plan shall not include or propose any such activity. The grading plan provides for the use of alternative treatments; including, but not limited to, building the structure with slopes of the natural terrain, the use of internal or external building retaining walls, and the use of low retaining walls on the site to reduce site grading. Mass site grading is prohibited.

The grading plan includes all information necessary for the town manager or his designee to determine that the project will result in the reasonable preservation of trees under the standards set forth in section 10.02.245 of this division and the requirements of this section.

The area for which land-disturbing activity is proposed is limited by design to the area of construction, and the site is left in its natural state otherwise during the course of construction.

The grading plan shall include all information necessary for the town manager or his designee to determine that it provides for the reasonable preservation of trees and understory, and that the following criteria have been met regarding the selection of trees to be preserved or removed. When making such determination, the town manager or his designee shall consider all relevant factors, including but not limited to the following: