A. 
The City Council of the City of Bee Cave adopts this Section 6.1 by the authority granted to it under TLGC Section 212.905 with the intent that this section comply fully with State Law.
B. 
The Building Official is the Responsible Official for enforcing this section and administering and revoking permits under this section.
(Ordinance 475 adopted 6/28/22)
A. 
The purpose of this section is to preserve trees that make a significant contribution to the health and vitality of Bee Cave through producing oxygen, absorbing carbon dioxide, improving water quality by neutralizing pollutants, preventing soil erosion, providing habitat, and providing shade and beauty.
B. 
This section is not intended to reduce the rights of property owners or render otherwise developable properties undevelopable merely because they contain one or more significant trees.
(Ordinance 475 adopted 6/28/22)
A. 
The provisions of this Section 6.1 apply to the following:
1. 
All new development within the City and its ETJ.
2. 
Modification or expansion of an existing building, structure, or site, if the modification or expansion will alter a tree protected under this section.
3. 
Any other act that will alter a tree protected under this section, as that term is defined in this Section.
B. 
This section applies to private and public lands, easements, and right-of-way unless otherwise exempted.
C. 
Removal of trees by an entity other than a City or utility within required roadway buffers or incompatible use buffers is prohibited (see subsections 5.1.1.B.1 and 5.1.1.B.1(iii) [5.1.1.B.2]).
D. 
The City will only require a tree removal permit for development that is not already subject to a permit under Sections 2.2 or 3.5.
(Ordinance 475 adopted 6/28/22)
The following are exempted from this Section:
A. 
A dead, diseased, or damaged tree, which is deemed beyond the point of recovery and at risk of spreading disease or causing injury to persons or property, as determined by the City's arborist.
1. 
The property owner or City may remove such trees in an emergency without the determination of a certified arborist. Non-emergency situations require prior notification between the City and the property owner.
2. 
Dead, diseased, or damaged trees shown on an approved Site Plan that are later removed must be replaced according to the approved Site Plan.
B. 
A Tree that has suffered damage due to tornado, storm, accident, flood, or other act of nature, provided that measures taken to Alter the tree are necessary to reestablish or maintain reliable electric, phone, or internet service.
C. 
Trees planted and growing on the premises for sale at a nursery.
D. 
An existing Planned Development or property platted consistent with Article 2 for which a tree preservation plan or tree survey was approved prior to adoption of this UDC.
E. 
Any tree that is less than ten (10) caliper inches and is located on a property with an existing Single-Family Residential, Detached or Duplex structure used as the property owner's residence consistent with TLGC Section 212.905(2)(b) [212.905(b)(2)].
F. 
The tree species listed in Table 6.1-1 when the tree is less than twelve (12) caliper inches.
Table 6.1-1: Exempted Trees
Common Name
Scientific Name
Hackberry
Celtis occidentalis
Eastern Red Cedar
Juniperus virginiana
Common Ashe Juniper
Juniperus ashei
Chinaberry
Melia azedarach
Mesquite
Prosopis spp.
Ligustrum
Ligustrum spp.
(Ordinance 475 adopted 6/28/22)
Alter (verb).
A tree protected under this section is considered to be altered if one or more of the following occurs: Severing or partially severing the main trunk of a single-trunk tree or more than twenty-five percent (25%) of the trunks of a multi-trunk tree; more than twenty-five percent (25%) of the critical root zone is affected by a means listed in 6.1.5A or more than twenty-five percent (25%) of its canopy is removed.
Alteration (noun).
Any act that causes or may reasonably be expected to cause a tree protected under this section to die, including, but not limited to, any of the following: uprooting any portion of the tree's root system; severing the main trunk of the tree; inflicting damage upon the tree's root system by machinery, storage of materials, or the compaction of soil above the root system of a tree; changing the natural grade of the critical root zone of a tree or of an area that sits uphill from the critical root zone of the tree so as to divert the flow of water to or away from the critical root zone; applying herbicides or other chemicals lethal to trees within the area of the critical root zone, including portions of the tree that extend above ground; placement of impermeable material over any portion of the critical root system of a tree; and trenching within the critical root zone.
Canopy.
The upper vegetative cover of a tree (see Figure 6.1.5-1).
Critical root zone.
The area of undisturbed natural soil around a tree defined by a horizontal circle drawn at grade with the center being the center of the tree trunk of a single-trunk tree or approximate center of all trunks of a multi-trunk tree and a radius equal to one foot (1') from the tree trunk for each diameter inch of trunk size (see Figure 6.1.5-1).
Figure 6.1.5-1: Canopy, Critical Root Zone, and Drip Line
UDC_Page_312_Image_0001-1.tif
Drip line.
An area within a concentric circle having a radius extending outward from the approximate center of the tree and measuring one half (1/2) of the Tree's height (see Figure 6.1.5-1).
Multi-trunk tree.
A tree with more than one trunk that has a visible connection above ground. For the purposes of measuring trunk diameter for a multi-trunk tree, the full diameter of the largest trunk shall be combined with the sum of the diameters of all other trunks divided by 2 (i.e., If the largest trunk measures 6 inches in diameter and the sum of all other trunk diameters is 12 inches, total diameter of the multi-trunk tree is 12 inches or 6+12/2).
Poisonous or hazardous materials.
An object or substance with qualities harmful to Trees, including, but not limited to, paint; soil not matching the soil profile and content of the property on which the Tree sits; petroleum products, including diesel fuel, gasoline, and engine oil; concrete or stucco mix or wash; fibrous insulation; foul, brackish, or dirty water; corrosive or acidic substances or objects that may produce such substances; or any other material which may be reasonably expected to harm Trees.
Removal.
Any act that has the effect of destroying a tree, including completely or partially severing the trunk of a Tree, removing more than twenty-five percent (25%) of the Canopy, or otherwise Altering a tree so that it dies or becomes fatally injured.
Tree.
Any self-supporting woody perennial plant of a species that will commonly attain a trunk diameter of two (2) or more inches at a point measuring four and one-half (4-1/2) feet above ground level and an overall height of at least ten (10) feet at maturity.
Tree cluster.
Three or more trees where any portion of the trunk or trunks of the trees are located less than ten (10) feet apart from one another and where each tree has a trunk measuring at least four (4) inches caliper at a point measuring four and one-half (4-1/2) feet above ground level.
Tree removal permit.
A permit issued under this section that authorizes a person or entity to Remove or Alter a tree protected under this section.
Tree, heritage.
Any tree of a species other than those listed in Section 6.1.4 that measures twenty-four (24) inches in caliper or greater at a point measuring four and one-half (4-1/2) feet above ground level.
Tree, protected.
Any tree of a species other than those listed in Section 6.1.4 that measures four (4) inches or greater, but less than eight (8) inches in caliper at a point measuring four and one-half (4-1/2) feet above ground level.
Tree, significant.
Any tree of a species other than those listed in Section 6.1.4 that measures eight (8) inches or greater, but less than twelve (12) inches in caliper at a point measuring four and one-half (4-1/2) feet above ground level.
Tree, specimen.
Any tree that measures twelve (12) inches or greater, but less than twenty-four (24) inches in caliper at a point measuring four and one-half (4-1/2) feet above ground level.
(Ordinance 475 adopted 6/28/22; Ordinance 522 adopted 11/14/2023)
A. 
Permit required.
1. 
Unless exempted by Section 6.1.4, no person may remove or alter a Protected Tree, Significant Tree, Specimen Tree, or Heritage Tree unless that person obtains a Tree Removal Permit from the Building Official.
2. 
A person may, without a permit, remove a damaged tree that is an imminent hazard to life or property.
3. 
A person may, without an additional tree removal permit, remove any tree identified as "to be removed" on a Tree Survey contained within an approved Site Plan or Subdivision Construction Plan.
B. 
Persons and entities authorized to apply.
1. 
If the Tree subject to the Tree Removal Permit is located on 1) public property or 2) a street right-of-way, or 3) easement, the following persons or entities may act as the applicant:
(i) 
The City or public utility with right of access to the right-of-way or easement, including the PUC;
(ii) 
The owner of the property abutting the street, right-of-way, or easement.
2. 
If the Tree is located on private property, the following persons or entities may act as the applicant:
(i) 
The owner of the property on which the Tree is located; or
(ii) 
The City, if the tree is diseased or a safety hazard.
3. 
Submittal of an application for a Tree Removal Permit authorizes the City or a qualified arborist employed or contracted by the City to enter the property for the purpose of inspecting the Tree(s) identified in the permit application.
C. 
Fees, forms, and procedures.
1. 
The City's adopted Fee Schedule will establish fees, including application fees and mitigation fee-in-lieu, related to a Tree Removal Permit.
2. 
The City will not approve a Tree Removal Permit for a property until the property owner provides evidence demonstrating payment of indebtedness (Section 1.4.2.D).
3. 
The Building Official is responsible for maintaining and making available all forms applicable to a Tree Removal Permit.
4. 
The application forms may be revised at any time without notice.
D. 
Plan for removal required.
1. 
An application for a Tree Removal Permit that is unrelated to Development shall include the following information:
(i) 
A detailed written statement that describes the proposed alteration and provides the following information:
(1) 
The area of land to be disturbed;
(2) 
The method and equipment to be used;
(3) 
The date(s) of Removal or Alteration;
(4) 
The reason for the requested tree removal (see subsection 6.1.6.E below); and
(5) 
Photographs of subject tree(s).
(ii) 
A legible diagram or map showing the following:
(1) 
Location of existing structures, improvements, streets, right-of-way, property lines, setbacks, and required buffers;
(2) 
Location of existing utility lines, mains, and easements;
(3) 
Other Protected Trees, Significant Trees, Specimen Trees, or Heritage Trees within two hundred (200) feet of the Tree(s) proposed for removal, if any.
(iii) 
Other information the Building Official may reasonably request.
(iv) 
The names and contact information of the following:
(1) 
Property Owner
(2) 
Company responsible for the removal of trees
(3) 
Applicant
2. 
An application for a Tree Removal Permit that is related to development, including a Site Plan or Subdivision Construction Plan, does not require a separate permit if the following information is provided with the Site Plan or Subdivision Construction Plan:
(i) 
A Tree Survey that identifies all Trees to be removed and Trees to be preserved along with species and caliper inch size of each Tree;
(ii) 
Identification of environmental features including creeks, ponds, springs, and other water bodies;
(iii) 
Identification of required setbacks and buffers required under subsection 3.4.1 and Article 5.
(iv) 
A plan depicting the proposed approximate locations of buildings, structures, parking areas, driveways, detention ponds or drainage facilities, and other improvements that can be reasonably assumed to cause land disturbance and the approximate limits of the land disturbance.
(v) 
A plan showing temporary parking areas for construction equipment and materials storage, along with access routes onto and within the site.
(vi) 
Contact information providing the address, phone number, and email of the following persons or entities:
(1) 
The property owner;
(2) 
The developer (if different from the property owner);
(3) 
The general contractor (if known);
(4) 
The individual or firm who prepared the Tree Survey;
(5) 
The architect or engineer responsible for the design of improvements on the site;
(6) 
The surveyor who prepared the plat or site plan, as applicable.
E. 
Approval process (permit unrelated to development).
1. 
Upon receipt of a completed application for a Tree Removal Permit, the Building Official will conduct an administrative review.
2. 
The purpose of the review is to determine whether the Building Official can approve the Tree Removal Permit based on affirmative finding of at least one (1) of the following:
(i) 
The Tree, if left unaltered, is reasonably likely to impair the structural integrity of existing or proposed structures or improvements;
(ii) 
The Tree is required to be altered by federal, state, or local statutes or regulations;
(iii) 
The Tree poses a fire risk unless altered, as attested by the Fire Marshal; or
(iv) 
The Tree is located on public property or a street, right-of-way, or easement and prevents the opening of vehicular traffic lanes or the construction of utility or drainage facilities.
3. 
Action by the responsible official.
(i) 
The Building Official will take action to approve or deny the application within ten (10) business days of submittal.
(ii) 
The Tree Removal Permit is automatically granted if the Building Official fails to take action within ten (10) business days.
F. 
Approval process (application related to development).
1. 
The Developer or applicant shall submit all items required in subsection D.2 above as part of the development-related application.
2. 
Review and approval of Tree Removal will take place as part of the associated development-related application.
3. 
Denial of the development-related application will constitute denial of a Tree Removal Permit.
4. 
If a development-related application that incorporates a request for Tree Removal is denied, the property owner retains the right to submit an application for a Tree Removal Permit.
(Ordinance 475 adopted 6/28/22; Ordinance 534 adopted 5/28/2024)
A. 
If the Building Official denies the application for a Tree Removal Permit, the applicant may appeal the decision in writing to the City Manager.
B. 
The appeal must be received by the Planning Director no later than ten (10) calendar days following the written determination of the Building Official.
C. 
Upon receiving the appeal, the Planning Director will forward to the City Manager for consideration. The City Manager will act upon the appeal within thirty (30) calendar days following receipt by the Planning Director.
(Ordinance 475 adopted 6/28/22)
A. 
A Tree Removal Permit issued under this Section 6.1 Tree Preservation is valid for one hundred eighty (180) calendar days from the date of issuance by the Building Official or approval of an appeal by the City Manager.
1. 
The Planning Director may extend approval for up to thirty (30) calendar days at the written request of the property owner, provided the Planning Director receives the request before the expiration of the 180-day period.
B. 
Approval of Tree Removal associated with an approved development-related application is valid in accordance with the duration of a permit issued under Sections 2.2 or 3.5.
C. 
A permit for removal of an oak tree is not valid between February 1st through July 1st.
(Ordinance 475 adopted 6/28/22)
A. 
Any Trees that are removed or damaged as a result of the approval of a Tree Removal Permit issued pursuant to Section 6.1.6E must be mitigated on the same property or development area, unless the City Manager approves a fee in lieu.
1. 
The fee in lieu will be paid directly to the City to fund placement of trees at public parks or other approved public facilities throughout the City.
B. 
Any Trees that are removed or damaged as a result of the approval of a Tree Removal Permit issued pursuant to Section 6.1.6F must be mitigated pursuant to the ratios provided in Section 5.1.1.
C. 
Fee in lieu of tree mitigation.
1. 
The City Manager may approve payment of a fee in lieu of replacement trees.
2. 
The fee shall be per the adopted fee schedule.
3. 
The fee in lieu option is available for only the following cases:
(i) 
If the property or development area is heavily treed and the existing tree canopy would prohibit the growth of the replacement trees, or
(ii) 
If the required replacement trees were to be installed, then the replacement trees would be planted under the canopy of an existing tree.
D. 
Limitations of species and placement. Replacement Trees must be shown and reviewed on a Landscape Plan consistent with the requirements of Section 5.1.1 and provide placement of Trees consistent with the requirements of those sections.
(Ordinance 475 adopted 6/28/22; Ordinance 522 adopted 11/14/2023)
A. 
The applicant must protect the Critical Root Zone of each Protected Tree, Specimen Tree, or Heritage Tree not authorized for Removal or Alteration.
B. 
The following activities are prohibited in the Critical Root Zone:
1. 
Storage or parking or vehicles, building materials, refuse, excavated soils or dumping of poisonous or hazardous materials on or around the tree or its roots;
2. 
Conducting the activities listed in 1. above outside of the Critical Root Zone but situated in such a way that runoff from those materials drains directly into the Critical Root Zone;
3. 
The use of tree trunks as a winch support, anchorage, temporary power pole, sign posts, or other similar function;
4. 
Cutting of tree roots by utility trenching, foundation digging, placement of curbs and trenches, and other miscellaneous excavation without prior approval of the City;
5. 
Soil disturbance, grade changes, or changes in drainage that deprive the protected tree of water and/or nutrients or expose or have the potential to expose the root system;
6. 
Impervious paving;
7. 
Vehicular or equipment traffic.
C. 
The applicant must utilize the following proactive measures to protect the Critical Root Zone:
1. 
Install and maintain mulch or compost spread a minimum of three (3) inches deep within the Drip Line.
2. 
Prevent excavation of any ditches, tunnels, or trenches, place any paving material or place any drive or parking area within the drip line, unless approved in writing by the Building Official.
3. 
Prevent the attachment, laying, or hanging of any rope, wire, nails, or other object capable of puncturing or lacerating a protected tree within the Drip Line or Critical Root Zone.
D. 
Protection of trees during construction.
1. 
All protected trees next to an excavation site or construction site for any building, structure, or street work, shall be guarded with a cedar fence, chain link mesh, frame, or box not less than five feet (5') high and surrounding the entire protected zone of the tree(s).
2. 
The barriers shall be approved by the Building Official and shall be in place before any site clearance or other site-disturbing act commences. Any barrier with lesser dimensions than those specified above shall be subject to approval by the building official.
(i) 
All building material, dirt, excavation or fill materials, chemicals, construction vehicles or equipment, debris, and other materials shall be kept outside the barrier.
(ii) 
Barriers shall remain in place until the final building and landscape site inspections are satisfactorily completed for the issuance of the Certificate of Occupancy.
(Ordinance 475 adopted 6/28/22)