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)
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.
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.
The upper vegetative cover of a tree (see Figure 6.1.5-1).
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
|
|
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).
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).
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.
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.
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.
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.
A permit issued under this section that authorizes a person
or entity to Remove or Alter a tree protected under this section.
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.
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.
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.
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:
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:
(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.
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.
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)
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.
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)
