(a)
This
article shall be effective within the geographical limits of the town,
including any areas subsequently annexed by the town.
(b)
The
purpose of this article is to encourage the preservation of 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 town.
(3)
Maintain and enhance a positive image for the attraction of new business
enterprises to the town.
(4)
Protect healthy quality trees and promote the natural ecological
environmental and aesthetic qualities of the town.
(5)
Help provide needed shaded areas in order to provide relief from
the heat by reducing the ambient temperature.
(6)
Help prevent erosion.
(Ordinance 2013-0715-01 adopted 7/15/13)
For the purpose of this article, the following words and phrases
shall have the meanings ascribed to them:
The area proposed by the original subdivider for placement
of a commercial structure. If not designated by the original subdivider,
this shall include the actual structure and the area within fifteen
(15) feet surrounding the structure.
The area proposed by the original subdivider for placement
of a residential structure. If not designated by the original subdivider,
this shall include the actual structure and the area within fifteen
(15) feet surrounding the structure. If actual structure plans are
not available, an area not to exceed 4,000 square feet may be designated.
The removal of all of the trees or a significant majority
of the trees within an area of land.
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 drip line (Figure 2 on file in the office of the town
secretary).
The diameter, in inches, of a tree as measured through the
main trunk at a point four and one-half feet (4.5') above the natural
grade. For a multi-trunk tree, the diameter shall be the total diameter
of the largest trunk plus one-half (1/2) of the diameter of each additional
trunk.
The periphery of the area encompassing a tree determined
by dropping imaginary vertical lines from the outermost portion of
its canopy to the ground.
Any changes in ground level or soil compaction within an
area around or near the trunk of a tree that may adversely affect
the health of the tree.
Delineation on the site plan defining the areas within which
all construction activity may occur.
The mayor of the town and/or his designee.
Any person, corporation, partnership, firm, association or
artificial entity, or any agent or employee of the foregoing.
A barrier from entry, constructed from chain link, orange
plastic, or other similar material at a minimum height of four feet
(4') above ground level, restricting access to a tree protection zone.
Any living, self-supporting, woody perennial plant which
at maturity will attain a trunk diameter of two inches (2") or more
when measured at DBH and which will typically attain at maturity a
height of at least fifteen feet (15').
Any tree having a DBH of six inches (6") or more, except
any of the following species: mesquite, thorny honey locust, cottonwood,
willow trees, hackberry, eastern red cedar, sweet gum, Texas persimmon,
and chinaberry.
A tree as listed in the approved tree replacement (section 3.08.015) that has a minimum caliper required by this article and a minimum height of seven feet (7'), measured at ground level (natural grade) at the time of planting.
(Ordinance 2013-0715-01 adopted 7/15/13; Ordinance 2018-0917-03 adopted 9/17/18)
The terms and provisions of this article apply to all property
in the territorial limits of the town unless excepted herein. This
article shall apply to all persons, including property owners, managers,
trustees, and those persons who have control or responsibility over
real property.
(Ordinance 2013-0715-01 adopted 7/15/13)
(a)
This article shall not apply to trees located in the yard area within the 3 acres surrounding a constructed primary dwelling of developed residential property. However, in the event that a protected tree is cut, removed or damaged from property described in this subsection and the property is transferred to or used for any purpose other than single-family residential within one (1) year following the cutting, removal or damaging of the protected tree, then the provisions of section 3.08.011 of this article shall, immediately upon the cessation of use as single-family residential property, apply to the protected trees cut, removed or damaged in the prior one (1) year period.
(b)
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 this article.
(c)
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 town 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)
In
the installation or maintenance of facilities, utility service providers,
including the town, 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. 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 town may require boring under trees
within the critical root zone area instead of trenching.
(e)
In
the installation or maintenance of drainage facilities, creek channel
lining, or erosion control measures, the town, 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 town may require boring under trees within the critical
root zone area instead of trenching.
(f)
Diseased
or damaged protected trees which are beyond the point of recovery,
as determined by a International Society of Arboriculture certified
town arborist, or in danger of falling shall be exempt from the tree
replacement and preservation plan requirements of this article. A
tree removal permit shall be required but no permit fee shall be assessed
or charged. 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 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)
Any
paved surface within the critical root zone of a protected tree that
is in existence on or before the effective date of this article may
be replaced or maintained.
(i)
Seven percent (7%) of the total caliper inches of all protected trees situated on property used for residential or agricultural purposes, but not in the commercial designated corridors, may be removed per year. The maximum in any consecutive five-year period shall be twenty-one (21%) of the total caliper inches of all protected trees. Trees situated on the exempted three-acre area surrounding the primary dwelling under subsection (a) of this article shall not be used in or subject to this calculation. A tree removal permit shall be submitted and approved before any such removal is begun. No fee will be assessed or charged for the permit.
(j)
Notwithstanding
the foregoing, no person shall remove a protected tree with a DBH
of 18 inches or more without approval of the town council.
(Ordinance 2013-0715-01 adopted 7/15/13)
(a)
No
person shall cut down, destroy, remove or move, or effectively destroy
through damaging, any protected tree, directly or indirectly, regardless
of whether the protected tree is on private property or the abutting
public right-of-way, unless exempt or excepted under the provisions
of this article. No person shall remove a protected tree with a DBH
of 18 inches or more without approval of the town council.
(b)
The
town may issue a stop-work order for any development or construction
project or activity at any time if the 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.
(c)
No
clear-cutting 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 town.
(d)
Prior
to construction or development of a commercial or residential subdivision
project on a site that contains one (1) or more trees, a tree preservation
plan must be submitted to and approved by the town. If the site does
not contain any protected trees, a letter, prepared by a registered
surveyor, engineer, architect, landscape architect, or International
Society of Arboriculture certified arborist shall be submitted to
the town which verifies that protected trees are not on the subject
site.
(e)
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, septic systems, building pad sites,
and easements.
(3)
Tree location map.
All requests for tree removal permits
must be accompanied by a map showing at a minimum the requirements
as listed below.
(4)
Map requirements.
Maps shall show: the location of all
buildings, structures, pools, utilities, other improvements intended
on the lot and limits of construction line shown if applicable; the
location of all protected trees; the location of tree(s) to be removed
and replacement trees with dimensions from two nearest property lines;
the caliper and common name of trees to be removed and any required
replacement trees shown with caliper size and the common name of tree.
(5)
The reason for the proposed tree removal shall be summarized on legend
form on the plan. The same summary shall also be submitted on a legible
8.5" x 11" document.
(Ordinance 2013-0715-01 adopted 7/15/13)
Protected trees that are not 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)
Construction
traffic or parking shall be limited so as to avoid taking 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, however, these activities
should be conducted in such a manner as to minimize the impact on
the protected tree.
(5)
No
grading or grade changes shall be conducted or allowed within the
limits of the critical root zone of any protected tree unless required
for structural integrity of buildings or improvements on approved
building sites.
(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 within the critical root zone of a tree upon approval
by the town.
(7)
No
person, directly or indirectly, shall prune, cut down, destroy, remove
or move, or effectively destroy through damaging, any protected tree
on town-owned property unless otherwise permitted by this article.
(Ordinance 2013-0715-01 adopted 7/15/13)
(a)
An
application for tree removal permit must be submitted to and approved
by the town prior to the removal of any protected tree unless exempt
or excepted under this article. The fee for a tree removal permit
shall be established by the town council.
(b)
Permits
for tree removal issued in connection with a building permit or site
plan shall be valid for the period commensurate with the building
permit or site plan. Permit(s) for tree removal not issued in connection
with a building permit or a site plan shall become void one hundred
eighty (180) days after the issue date on the permit. Notwithstanding,
a permit may be revoked by the mayor or his designee if the holder
of the permit violates any provisions of the permit or this article.
(Ordinance 2013-0715-01 adopted 7/15/13)
(a)
Upon
receipt of a sufficient application for a tree removal permit, the
mayor or his designee shall review and approve or deny all requests
submitted in accordance with the requirements specified herein.
(b)
Any
denial of a permit by the mayor or his designee may be appealed to
the town council. Action by the town council shall be final.
(c)
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 residents of the town; and
(6)
Whether the application demonstrates the attempt to preserve existing
trees on the site.
(d)
No
certificate of occupancy shall be issued until all fines and administrative
and civil penalties for violations of this article have been paid
to the town.
(Ordinance 2013-0715-01 adopted 7/15/13)
The following procedures shall be followed on all construction
projects including but not limited to residential subdivisions, commercial,
multifamily, manufacturing developments, residential builders and
municipal/public, utility easement, right-of-way, manufactured housing
development, road construction, and sidewalk construction:
(1)
Tree flagging.
All protected trees on the subject property
within forty (40) feet of a construction area or surface improvements
such as driveways, alleys or walks, shall be flagged with bright fluorescent
orange vinyl tape of at least 2-inch width wrapped around the main
trunk at a height of four (4) feet or more such that the tape is visible
to workers operating construction equipment. This shall include the
flagging of all protected trees adjacent to rights-of-way within approved
residential subdivisions during the construction of roadways. All
flagging shall remain in place during the entire phase of construction
at all times.
(2)
Open space flagging.
All trees or groups of trees within
areas intended to be preserved as open space shall be enclosed with
bright fluorescent orange vinyl tape of at least 2-inch width along
all areas of possible access or intrusion by construction equipment.
Tape shall be supported at a maximum of twenty-five (25) foot intervals
by wrapping trees or other approved methods. Single incident access
for the purposes of clearing underbrush is allowed. All flagging shall
remain in place during the entire phase of construction at all times.
(3)
Protective fencing.
Protective fencing will be located
at the drip lines of all protected trees that border the limits of
construction, and only where construction activity occurs, as designated
by the mayor or his designee. All protective fencing shall be maintained
in good repair throughout construction.
(4)
Bark protection.
In situations where a protected tree
remains in the immediate area of intended construction, the tree shall
be protected by enclosing the entire circumference of the tree with
2-inch by 4-inch lumber encircled with wire or other means that do
not damage the tree. The purpose is to protect the bark of the tree
against incidental contact by large construction equipment.
(Ordinance 2013-0715-01 adopted 7/15/13)
(a)
Boring.
Boring of utilities under protected trees may
be required in certain circumstances. When required, the length of
the bore shall be the width of the critical root zone at a minimum
and shall be a minimum depth of forty-eight (48) inches.
(b)
Trenching.
Where possible, all trenching shall be designed
to avoid trenching across the critical root zone of any protected
tree. This shall not inhibit the placement of necessary underground
utility services such as electric, telephone, gas, etc. No trenches
in the critical root zone of a protected tree may be left open for
more than 24 hours.
(c)
Root pruning.
It is required that all roots two (2)
inches or larger in diameter which are exposed as a result of trenching
or other excavation be cut off square with a sharp medium tooth saw
and covered with pruning compound within two hours of initial exposure.
(d)
Rehabilitation.
All post boring and trenching in the
critical root zone and root pruning shall require rehabilitation treatments
of watering and fertilizing with root stimulator as recommended by
an arborist certified by the International Society of Arborists.
(Ordinance 2013-0715-01 adopted 7/15/13)
(a)
Replacement
trees shall be required under the following conditions:
(2)
To replace a tree that was identified on a tree preservation plan
but dies within two (2) years of the date it was planted; or
(3)
To replace a tree that was previously identified as outside the building
pad site on a development tree preservation plan, but due to property
owner preference to shift the building pad site, now must be removed.
(b)
Replacement
trees shall not be required under the following conditions:
(1)
To replace a protected tree that is removed because it is situated
within the building pad site of a residential property;
(2)
To replace a protected tree that is removed because it is situated
within the building pad site or fire lane of a commercial property;
(3)
To replace a protected tree that is removed because it is in conflict
with a commercial driveway location that is specified by a governmental
entity; or
(4)
To replace a protected tree removed at the request of the property
owner that is situated underneath an existing overhead utility line.
(c)
Replacement
trees shall be planted in accordance with the provisions of this article
per the following rates:
For each protected tree with a DBH of greater than 6 inches
to be removed, a minimum of three-inch DBH trees shall be planted
equivalent to 150% of caliper inches removed.
(d)
No more than 34% of the number of replacement trees shall be of the same species when twelve (12) or more replacement trees are required. All replacement trees must be of a species designated in the approved tree replacement list (section 3.08.015).
(e)
The
replacement trees shall be located on the subject site. However, if
there is not a suitable location for the replacement trees on the
subject site, the town 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 park land 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 town park fund in the amount of $150.00
per caliper inch of tree removed.
(Ordinance 2013-0715-01 adopted 7/15/13; Ordinance 2018-0521-01 adopted 5/21/18)
(a)
Trees
required to be planted 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.
(b)
If any tree required to be retained or planted as required by this article should die within a period of two (2) years after completion of the activities associated with construction or development, the property owner or person required to plant the replacement tree(s) shall replace the trees within six months at a ratio of one-to-one with an approved identical size tree from the approved replacement tree list (section 3.08.015).
(c)
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 flood lands 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 2013-0715-01 adopted 7/15/13)
(a)
The
town council shall hear appeals from decisions of the mayor or his
designee and may approve a tree removal permit and approve an exception
to all or a portion of the requirements of this article 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 or
impervious surface.
(3)
Development of heavily forested sites where strict compliance with
the requirements of this article will unreasonably burden the use
of the property.
(Ordinance 2013-0715-01 adopted 7/15/13)
(a)
Any
person who cuts, removes or destroys a protected tree in violation
of this article may be subject to a civil penalty imposed by the mayor
or his designee of not less than one hundred dollars ($100.00) nor
more than one thousand dollars ($1,000.00) for each caliper inch of
protected tree cut, removed or destroyed. Upon a finding that a person
has violated this article, the mayor or his designee shall determine
an appropriate administrative penalty, after due consideration of
the danger of repetition, the severity of the offense, and all relevant
circumstances. The mayor or his designee shall transmit notice of
the violation and of the assessment of administrative penalties to
the offending person who may, within twenty (20) days after receipt
of notice, request an appeal of the mayor’s assessment to the
town council. Said notice of appeal must be timely and shall state
the basis of the appeal in plain and intelligible language. The town
council shall, upon receipt of a notice of appeal, promptly schedule
the matter for hearing and upon hearing, shall sustain, reverse or
modify the determination and assessment of the mayor [or] his designee,
as the town council deems appropriate and in the ends of justice.
The town council’s determination shall be final.
(b)
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 in accordance with the general penalty provision found in section 1.01.009 of this code for each offense, and each and every day such violation shall continue shall constitute a separate offense.
(c)
Any person who violates any of the provisions of this article, or who fails to comply therewith or with any of the requirements hereof, or who commences construction or development of any real property in violation of any plan submitted or approved under this article, or who fails to obtain a permit where required herein, or who erects, occupies or alters any structure or building, or commences to erect, occupy, or alter any structure or building in violation of any plan submitted or approved under this article, shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined [in] accordance with the general penalty provision found in section 1.01.009 of this code. Each and every day such violation exists or is continued to exist shall constitute a separate offense. The owner of the building, structure, property or premises, or part thereof, where such violation exists, and any architect, builder, contractor or agent employed in connection therewith who may have assisted in the commission of any such violation shall each be deemed guilty of a separate offense and, upon conviction, shall be subject to the penalties herein provided. Upon conviction, the judge may order the defendant to replace the tree or trees with other trees equal to or greater in height, diameter and type of that which was unlawfully removed.
(d)
In
addition to the penalties hereinabove provided, the town may, it its
option, pursue compliance with the terms and provisions of this article
by injunctive relief in the appropriate courts of Denton County, Texas.
(e)
The
remedies provided in this article shall be cumulative and the town’s
pursuit of any one remedy shall not be construed as an election; the
town may pursue any and all remedies allowed by state law or the ordinances
of the town.
(Ordinance 2013-0715-01 adopted 7/15/13)
|
Large Trees
|
Small/Ornamental Trees
| ||
|---|---|---|---|
|
Big Tooth Maple
|
Mountain Cedar/Ashe Juniper
|
American Holly
|
Mexican Redbud
|
|
Black Hickory*
|
Pecan
|
Aristocrat Pear
|
Mountain Laurel*
|
|
Blackjack Oak
|
Plateau/Escarpment Live Oak*
|
Bradford Pear
|
Nellie R. Stevens Holly
|
|
Buckeye*
|
Post Oak
|
Carolina Buckthorn
|
Oklahoma Redbud*
|
|
Bur Oak*
|
Red/Autumn Blaze Maple
|
Crepe Myrtle
|
Possumhaw*
|
|
Caddo Maple
|
Shumard Red Oak*
|
Desert Willow*
|
Prairie Flameleaf Sumac
|
|
Catalpa*
|
Southern Live Oak*
|
Dogwood
|
Rusty Blackhaw
|
|
Cedar Elm*
|
Southern Magnolia
|
Eve’s Necklace
|
Saucer Magnolia
|
|
Chinquapin Oak*
|
Sweetgum
|
Forest Pansy Redbud*
|
Savannah Holly
|
|
Durand Oak
|
Texas Ash*
|
Foster Holly
|
Smoke Tree*
|
|
Eastern Red Cedar
|
Texas Red Oak*
|
Golden Raintree
|
Texas Persimmon*
|
|
Ginkgo
|
Trident Maple
|
Japanese Black Pine
|
Yaupon Holly*
|
|
Lacebark Elm*
|
Western Soapberry*
|
Japanese Maple
|
Vitex*
|
|
Lacey Oak
|
White Ash
|
Little Gem Magnolia
|
Wax Myrtle
|
|
|
|
Mexican Plum*
|
|
|
* Plants preferred due to lower water demand and high pest resistance.
|
|
** If determined by an International Society of Arboriculture
certified town arborist that a tree not listed, for the area intended
is a tree of equal or greater value of listed trees, may be included
for mitigation.
|
(Ordinance 2013-0715-01 adopted 7/15/13)
