A. Fronting
Street.
Each lot shall abut on a public street or a private
street. Private streets will be allowed only if approved by the Commission
and the City Council and if the standards set forth in this Ordinance
are met.
B. Minimum
Size.
All lots that are not served by a public or quasi-public
community wastewater system, shall contain a minimum lot area as required
by the City of Joshua to support a private septic tank and leach field.
C. Double
Fronted Lots.
Double fronted residential lots are only
allowed where lots backup to an arterial or collector street and when
no access allowed from these lots to the arterial or collector street.
The City Engineer may also require that access be limited to collector
streets for lots which have double frontage. Where lots have double
frontage, building set back lines shall be established for each street
frontage. Setbacks shall be defined as per the Zoning Ordinance with
the front of the lot established on the street with the lesser classification.
If both streets are of the same classification, the Administrative
Official shall determine which street is designated as the front of
the lot.
D. Side Lot
Lines.
All side lot lines shall be perpendicular to the
right-of-way lines or radial in the case of a cul-de-sac or curvilinear
design.
E. Corner
Lots.
All corner lots within the City shall have setback
lines on both streets as required by the Zoning Ordinance.
F. Conformance
with Zoning Ordinance.
All lots within the City shall
meet the requirements of the Zoning Ordinance or where applicable,
the requirements in an approved development agreement for a subdivision
within the extraterritorial jurisdiction of the City.
G. Irregular-Shaped
Lots.
Irregular-shaped lots shall have sufficient width
at the building line to meet lot width and frontage requirements and
shall provide a building pad without encroachment into front, side
or rear yard setbacks or into any type of easement. The rear lot width
shall be sufficient to provide access for all necessary utilities,
including access for driveways and solid waste collection. Key or
flag lots may be permitted under unusual circumstances; however, the
narrowest part of such a lot, being the staff portion of the flag
lot, shall not be less than twenty feet (20') in width or have a length
of more than two hundred feet (200'). Such lot shall also be restricted
to prevent the construction of any building, structure, wall or fence
within the staff portion of such lot, and the staff portion of such
lot shall be restricted for access to such lot only. Such restrictions
shall be shown on the face of the subdivision plat in the form of
a notation or a part of the dedicatory language on the plat.
H. Access
Limitation.
Residential lots shall not have direct access
onto thoroughfare streets, except as provided in Section 10.7.2b1,
and direct access from residential lots shall be permitted on collector
streets only where design conditions do not permit any other possibility.
(Ordinance 797-2020 adopted 10/15/20)
A. Restriction.
There shall be no tree, shrub, plant, sign, soil, fence, retainer
wall or other view obstruction having a height greater than two feet
(2') within the sight triangle. This height shall be measured above
a line drawn between the top of curb or edge of pavement of both streets
at the point where the referenced line intersects the top of curb
or edge of pavement. The sight triangle shall be the triangle made
by extending twenty-five feet (25') along each property line from
the property corner at an intersection.
B. Exemption.
This restriction shall not apply to trees within the triangle
having a diameter of less than twelve inches (12") when such trees
are trimmed at all times so that no branch or growth is less than
nine feet (9') above the above referenced measurement line.
C. Plat Notation.
All final plats which depict intersections of public right-of-way
shall have the following statement on the face of the plat prior to
filing in the county plat records. “The owners of all corner
lots shall maintain sight triangles in accordance with the City’s
Subdivision Ordinance.”
(Ordinance 797-2020 adopted 10/15/20)
A. Permanent
Survey Reference Monuments.
Concrete monuments, eight
inches (8) in diameter and twelve inches (12") long, shall be placed
on all boundary corners which are along existing dedicated right-of-way
at the perimeter of the subdivision. A five-eighth inch (5/8") diameter
iron rod having a minimum length of eighteen inches (18") shall be
placed flush with the top and at the center of the concrete monument.
The monuments shall be set at such an elevation that they will not
be disturbed during construction and the top of the monument shall
be flush with or just below the finished ground elevation.
B. Installation
of Monuments.
Monuments shall be installed before the
recording of the final plat. The subdivider may install monuments
after the recording of the final plat and after completion of improvements
provided the subdivider furnishes the City a letter of assurance certifying
the monuments will be installed as required. All monuments shall be
installed prior to acceptance of public works improvements in the
subdivision.
C. Monuments
in Streets.
When placing of monuments in streets is postponed,
adequate ties to the boundary line shall be shown on the plat in order
that monuments may be correctly located and installed following the
paving of streets.
D. Benchmark
Monuments on Headwalls.
A brass cap approximately two
inches (2") in diameter shall be placed on top and at one end of all
culvert headwalls within or at the perimeter of the development. Prior
to acceptance of the subdivision, the subdivider’s surveyor
shall provide a letter certifying the elevation of the brass cap conforms
to the National Geodetic Vertical Datum of 1929 (NGVD 1929).
E. Monument
Verification.
Prior to acceptance of public works improvements
by the City, the developer’s surveyor or engineer shall certify
that all monument and markers are in place and correctly positioned
F. Markers.
Lot markers shall be iron pins not less than one half inch (1/2")
in diameter and not less than eighteen inches (18") long and shall
be set flush with the ground at each corner lot.
G. Corners.
Lot markers for all lot corners shall be set prior to the acceptance
of the public improvements in the subdivision and shall be marked
in a way that is traceable to the responsible registrant or associated
employer.
(Ordinance 797-2020 adopted 10/15/20)
Prior to acceptance of the subdivision, the subdivider shall
provide a digital computer file or files of the subdivision containing
the coordinate geometry for the subdivision boundaries, lot lines,
right-of-way, street centerlines and easements in a format and on
media compatible with the City digital system (AutoCAD, dwg and .pdf).
(Ordinance 797-2020 adopted 10/15/20)
A. Applicability.
When a development contains common areas, entry features, screening
walls, open space or other improvements not intended to be dedicated
to the City for public use, a homeowners’ or property owners’
association shall be created, and the duties and responsibilities
shall be established in a declaration consistent with state laws.
B. Dedication.
1. The common
areas shall be shown on the final plat as separate lots, along with
an adequate form for dedication. This dedication form shall include
language which saves the title to common area properties for the benefit
of the homeowners’ or property owner’s association and
expresses a definite undertaking by the developer to convey the common
area properties to the homeowners’ association.
2. All facilities,
structures, improvements, systems, areas or grounds to be operated,
maintained and/or supervised by an association, other than those located
in public easements or rights-of-way or public parks dedicated to
the City, shall be dedicated by easement or deeded in a fee simple
ownership interest to such association.
C. Responsibilities.
The property owners’ or homeowners’ association
mandated by this ordinance shall be responsible for the continuous
and perpetual operation, maintenance and/or supervision of landscape
systems, features or elements located in parkways, common areas, area
between screening walls or living screens and adjacent curbs or street
pavement edges, areas adjacent to drainage ways or drainage structures,
and at subdivision entryways.
D. Legal Requirements.
To assure the establishment of a permanent homeowners’
or property owners’ association, including its financing and
the rights and responsibilities of the owners in relation to the use,
management and ownership of common areas or common property, the plat,
dedication documents, covenants, and other recorded legal agreements
must provide for the following:
1. Creation
of an automatic membership, nonprofit homeowners’ or property
owners’ association;
2. Placement
of title to the common property in the homeowners’ or property
owners’ association or definite assurance that it automatically
will be so placed within a reasonable, definite time;
3. Appropriate
limitation of the uses of the common property;
4. Imposition
of an association charge or assessment on each lot in a manner which
will assure sufficient association funds to maintain the common property
or improvements;
5. The grant
of voting rights to each owner in the association;
6. Identification
of the land area within the association’s jurisdiction including,
but not limited to, the following:
a) The
property to be transferred to public agencies;
b) The
individual lots owned by the association;
c) The
common properties to be transferred by the developer to the association;
and
d) Other
parcels owned by the association;
7. Protective
covenants which, shall make the association responsible for the maintenance
and operation of all common property, and include provisions for assessments,
to be enforced by lien;
9. An initial
term of the agreements, covenants and restrictions establishing the
association for a twenty-five (25) year period and automatic renewal
for successive ten-year periods, and provide that the association
may not be dissolved without the prior written consent of the City;
10. Amendment
of any portion of the association’s agreements, covenants or
restrictions pertaining to the use, operation, maintenance and/or
supervision of any facilities, structures, improvements, systems,
areas or grounds that are the responsibility of the association shall
be made only with the prior written consent of the City; and
11. An indemnification
holding the City harmless from any and all costs, expenses, suits,
demands, liabilities or damages, including attorney’s fees and
costs of suit, incurred or resulting from the City’s removal
of any landscape systems, features or elements.
12. Procedure.
The developer shall submit the Articles of Incorporation of the homeowners’
or property owners’ association, its bylaws, and the restrictive
covenants to the Administrative Official for approval along with the
final plat. Prior to filing the plat, the developer shall create an
incorporated nonprofit homeowners’ association, and record covenants
which meet the requirements of Subsection D.
(Ordinance 797-2020 adopted 10/15/20)
A. When required.
A developer’s agreement is required to be executed in
the event public works improvements are required, when the developer
requests a waiver or credit of fees, credits for prior or proposed
improvements or dedications, requests a pro rata arrangement, or dedicates
park land to the City.
B. Generally.
1. No earthwork,
grading, utility, street, or drainage improvement construction or
any public or private improvements shall be allowed until the developer
receives approval of the appropriate plat and the City executes a
developer’s agreement with the developer.
2. The Mayor
is authorized to execute a developer’s agreement in the form
approved by the City Council unless the agreement provides for one
or more of the following:
a) Financial
participation by the City;
c) Credits
for prior or proposed improvements or dedications.
If the developer’s agreement includes any of the foregoing
provisions, the agreement must be approved by City Council.
|
C. Terms of
Agreement.
The developer’s agreement shall be prepared
by the City and shall contain, at a minimum, the following provisions:
1. Covenants
to complete the public improvements in accordance with City ordinances
within two (2) years from final plat approval;
2. Covenants
to warranty the improvements for a period of two years following acceptance
by the City;
3. Covenants
to provide performance, payment and maintenance bonds;
4. Provisions
for participation in the costs of the improvements by the City, if
authorization has been obtained from the City Council, and a performance
bond for such improvements from the contractor, with the City as an
obligee;
5. Provisions
for securing the obligations of the agreement;
6. Insurance
and indemnification requirements; and
7. Such other
terms and conditions as are agreed to by the developer and City.
D. Cost Estimates.
The costs in the developer’s agreement shall be based
on cost estimates thereof, prepared by the developer’s engineer
and reviewed by the City Engineer.
E. Covenants
to Run with the Land.
The developer’s agreement
shall provide that the covenants contained in the agreement run with
the land and bind all successors, heirs and assignees of the property
owner. All existing lienholders shall be required to execute the agreement
or provide written consent to the covenants contained in the agreement.
(Ordinance 797-2020 adopted 10/15/20)
A. Purpose.
This Section is to provide for dedication of park land and/or
fees in lieu for neighborhood or community park facilities in accordance
with the City’s Comprehensive Plan and Park Master Plan as amended.
Neighborhood and community parks provide for a variety of outdoor
recreational opportunities that are within convenient distances from
the majority of residences to be served thereby.
B. Application.
These requirements shall apply to subdivision plats on residentially
zoned land which is to be used for residential purposes. Developers
shall dedicate park land or pay fees in lieu as required by this Ordinance.
C. Dedication
of Land.
At the City’s discretion, developers shall
dedicate park land for each residential subdivision plat, at a minimum
of one (1) acre of land per one hundred (100) persons based on the
projected subdivision population. Population shall be calculated at
2.75 persons per dwelling unit.
D. Fees in
Lieu of Dedication.
At the City’s discretion, payment
of fees in lieu of park land dedication may be required. The amount
of such payment shall be equal to the fair market value of the land
that would be required to be dedicated for park land according to
this Ordinance.
E. Fair Market
Value Determined.
The fair market value of the land shall
be calculated as determined on the most recent appraisal made by the
Johnson County Central Appraisal District of all or part of the property
being subdivided at the time of preliminary plat approval. If there
is no preliminary plat required, then the fair market value of the
land shall be calculated at the time of final plat approval. If the
Developer/Owner objects to the fair market value determination, the
Developer/Owner at his own expense, may obtain an appraisal by a State
of Texas certified real estate appraiser, mutually agreed upon by
the City and the developer/owner.
F. Use of
Fees.
Parkland dedication fees paid in lieu of land dedication
will be deposited in a fund referenced to specific future neighborhood
or community parks or existing neighborhood or community parks as
identified on the City’s Comprehensive Plan or Parks Master
Plan as amended. Funds deposited into a particular park fund may only
be expended for land or improvements within that particular future
or existing neighborhood or community park.
G. Accounting
of Fees.
The City shall account for all fees in lieu
of land and all development fees paid under this Section with reference
to the individual plat(s) involved. Any fees paid for such purposes
must be expended by the City within ten (10) years from the date received
by the City for acquisition and/or development of a neighborhood or
community park as required herein. Such funds shall be considered
to be spent on a first-in, first-out basis. If not expended, the landowners
of the property on the expiration of such period shall be entitled
to a prorated refund of each sum, computed on a square footage of
land area basis. The owners of such property must request such refund
within one (1) year of entitlement, in writing, or such right shall
be barred.
H. Minimum
Acreage.
Unless otherwise determined by the City, the
minimum park land dedication that will be accepted by the City shall
be three (3) acres.
I. Usable
Park Land.
Any land dedicated to the City for park purposes
in accordance with this Ordinance shall be appropriate for neighborhood
or community park purposes as determined by the Administrative Official.
(Ordinance 797-2020 adopted 10/15/20)
A. Purpose.
The purpose of this section is to provide for the preservation
of mature trees and natural areas during construction, development,
and redevelopment, and to control the removal of “protected
trees” as defined by this Ordinance. It also establishes rules
for replacement of protected trees and replanting of trees which must
be removed during construction. This section shall protect any property
from indiscriminate clearing and shall help maintain and enhance a
positive image of the City as well as attract new business enterprises.
The terms and provisions of this section shall apply to the following
real property:
1. All new
subdivisions of land at the time of preliminary and/or final platting;
2. All undeveloped
land at the time of replatting;
3. All un-platted
and undeveloped tracts of land greater than three (3) acres;
4. All nonresidential
tracts of land at the time of site plan approval.
B. Definitions.
Buildable Area -
That portion of a building site exclusive of the required
yard areas on which a structure or building improvements may be erected
and includes the actual structure, driveway, parking lot, pool, and
other construction as shown on a site plan.
Building Pad -
The actual foundation area of a building and a reasonable
area around the foundation necessary for construction and grade transitions.
Critical Root Zone -
The area of undisturbed natural soil around a tree defined
by a concentric circle with a radius equal to the distance from the
trunk to the outermost portion of the drip line.
Construction Drawings -
Engineering or architectural drawings, which have been prepared
by an authorized individual and approved by the Administrative Official,
that describe in detail by measurements and specifications the method
and manner in which a structure, building, utility, street, or physical
alteration to land or a structure is to be accomplished.
Drip Line -
A vertical line run through the outermost portion of the
crown of a tree and extending down to the ground.
Limits of Construction -
A delineation on a graphic exhibit which shows the boundary
of the area within which all construction activity will occur.
Protection Fencing -
Snow fencing, chain-link fence, barbed wire fence, orange vinyl construction fencing and other similar fencing with a four-foot (4') approximate height. Typical tree protection fencing details are shown in Section
8.15 of the Zoning Ordinance, as amended.
Tree -
Any self-supporting woody perennial plant which will attain
a trunk diameter of three inches (3") or more when measured at a point
twelve inches (12") above ground level and normally attains an overall
height of at least twenty feet (20') at maturity, usually with one
(1) main trunk and many branches. It may appear to have several stems
or trunks as occurs in several varieties of oaks.
Tree, Protected -
Tree species that are listed on the City's Preferred Tree List (contained in Section
8.7 of the Zoning Ordinance, as amended) with a trunk diameter of 12 inches (12") or greater measured twelve inches (12") above ground. The diameter of a multi-trunk tree shall be determined by adding the total diameter of the largest trunk to 1/2 the diameter of each additional trunk.
Trees that are not listed on the City's Preferred Tree List
are not protected.
C. Tree Removal
Permit.
1. General:
No person, directly or indirectly, shall cut down, destroy,
remove or move, or effectively destroy through damaging any protected
tree that is located on a property regulated by this section without
first obtaining a tree-removal permit unless otherwise specified in
this section.
2. New Development:
Unless otherwise specified in Chapter 245 of the Local Government
Code, all developments which have not submitted final plats as of
the effective date of this section shall be subject to the requirements
for tree protection and replacement specified herein.
3. Residential
Subdivisions:
All areas outside of the buildable area,
as defined herein, within public rights-of-way, utility easements,
or drainage easements as shown on an approved final plat shall be
exempt from the tree protection and replacement requirements specified
herein. All other areas shall be subject to the requirements of this
section and the applicant for a tree removal permit shall indicate
how protected trees may be saved.
4. Nonresidential
Developments:
All areas within public rights-of-way,
public utility or drainage easements as shown on an approved final
plat, and the fire lanes, parking areas, and areas within twelve feet
(12') of a building foundation as shown on an approved site plan shall
be exempt from the tree protection and replacement requirements specified
herein. All other areas shall be subject to these requirements.
5. Private
Property:
a) Agricultural:
Property zoned “A,” agricultural as shown on the
City’s Zoning Map and being actively used for agricultural purposes
shall be exempt from the requirements specified herein.
b) Homeowners:
The owner of a residence who uses the residence as his/her homestead
shall be exempt from the tree protection and replacement requirements
of this section as they pertain to his/her residential property.
c) Building/Contractors:
All builders who have not submitted a request for a building
permit as of the effective date of this Article are subject to the
requirements herein. All areas within the driveway, sidewalks, patios,
septic tank and lateral lines, parking area, pool, and associated
deck area within twelve feet (12') of the building foundation as shown
on an approved plot plan shall be exempt from the tree protection
and replacement requirements of this Section. All other areas of the
lot shall be subject to these requirements.
D. Exemptions.
1. Any franchised
utility is exempt from these regulations.
E. Permit
Review and Approval Process.
1. Authority
of Review and Approval/Denial:
The Administrative Official
shall be responsible for the review and approval/denial of all requests
for tree removal permits and replacements thereof. If the Administrative
Official deems it necessary, he/she may require an application to
be reviewed by the City Council. A tree removal application may be
denied if the removal is not in the public interest, based upon the
following factors: a) the feasibility of relocating a proposed improvement
that would require the removal or serious injury of the tree; b) whether
the lot or tract would comply with this article after the removal
or serious injury; c) whether the removal or serious injury is contrary
to the public health, safety, or welfare; d) the impact of the removal
or serious injury on the urban and natural environment; e) whether
an economically viable use of the property will exist if the application
is denied; f) whether the tree is worthy of preservation; g) whether
the tree is diseased or has a short remaining life expectancy; h)
the effect of the removal or serious injury on erosion, soil moisture
retention, flow of surface waters, and drainage systems; i) the need
for buffering of residential areas from the noise, glare, and visual
effects of nonresidential uses; j) whether a landscape plan has been
approved by the Planning and Zoning Commission or City Council; k)
whether the tree interferes with a utility service; l) whether the
tree is near existing or proposed structures; or m) whether the proposed
mitigation for tree removal or serious injury is sufficient.
2. Application
Process:
Permits for removal or replacement of trees
covered herein shall be obtained by making application on a form provided
by the City, to the Administrative Official. The application shall
be accompanied by a site plan, a preliminary plat or other graphic
representation showing the exact location, size (trunk diameter and
height), and common name of all protected trees and an indication
of which trees are to be removed or replaced.
3. Fees:
The application shall be accompanied by the appropriate fee,
according to the fee schedule of the City of Joshua.
4. Replacement
Trees:
If any Replacement Tree cannot be properly located
on the property being developed or redeveloped, the applicant may
plant these Replacement Tree(s) on property owned by the City and/or
common open space and/or pay a fee in lieu of tree replacement.
5. Payment
in Lieu of Tree Replacement:
a) A land
owner or developer responsible for tree replacement under this Section
may elect to meet the requirements in whole or in part, by a cash
payment in lieu of tree replacement. The payment shall be on a diameter
inch unit cost as established by the City Council in the latest approved
Fee Schedule. Cash payment shall be deposited in the tree fund and
be used to purchase and install landscaping (inclusive of trees, bushes,
shrubs, mulch, soil, decorative rocks or stones, irrigation and necessary
hardscape) at city parks, city tree farm, or other public areas.
b) The
applicant shall pay the permit fee for tree removal established by
City Council as established in the latest approved Fee Schedule.
c) Fees
contributed to the tree fund shall be paid prior to the issuance of
a grading permit on all commercial, industrial, or multifamily residential
developments, prior to final approval of a gas well drilling permit
and prior to filing a final plat in the Johnson County clerk’s
office for all single-family residential subdivisions.
d) The
penalty for removing or damaging protected trees without an approved
permit shall be based on a diameter-inch unit cost (measured twelve
inches (12") above ground), as established by the City Council in
the latest approved Fee Schedule.
F. Required
Application.
The application shall be accompanied by
a written document indicating the reasons for removal or replacement
of trees and a copy of a legible site plan, preliminary plat, or other
graphic representation drawn to the largest practical scale showing
the following:
1. Location
of existing or proposed structures, improvements, and site uses, properly
dimensioned and referenced to property lines, setback and yard requirements.
2. Existing
and proposed site elevations, grades and major contours.
3. Location
of existing or proposed utility or drainage easements.
4. Location
of all protected trees on the site, to be removed or replaced as well
as all trees to be protected.
5. The document
shall include street address, lot and block, subdivision name, and
date of preparation. The site plan shall state the name, address,
and telephone number of the owner and person preparing the document
if different from the applicant.
G. Applicant
Review.
Upon receipt of the proper application, the Administrative
Official shall review the application, or if it is deemed necessary,
forward the application to the City Council. Following a review and
inspection, the permit will be approved, disapproved, or may be approved
with conditions by the Administrative Official or the City Council.
H. Permit
Expirations.
Permits shall be valid for ninety (90) days
after the issue date on the permit. Permits which are issued in conjunction
with a building permit or a site plan approval, shall be valid for
the same time frame as such permits are valid.
I. Appeal
of Administrative Official Decision.
Decisions of the
Administrative Official may be appealed to the City Council.
J. Tree Replacement
Requirements.
If it is necessary to remove protected
tree(s) outside the buildable area, the developer, as a condition
to issuance of a tree removal permit, shall be required to replace,
somewhere on the property, the tree(s) being removed with comparable
trees. A sufficient number of trees shall be planted to equal, in
caliper, the diameter of the trees removed. The replacement trees
shall be at least (3") three inches in caliper when planted.
K. Tree Protection.
1. Tree
Protection:
During any construction or land development,
the developer shall clearly mark those trees to be protected and may
be required by the Administrative Official to erect “Protective
Fencing - In those situations where a protected tree is so close to
the construction area that construction equipment might infringe on
the root system or is within twenty feet (20') of the construction
area, a protective fencing shall be required between the outer limits
of the critical root zone of the tree and the construction activity
area. Four feet (4') high protective fencing shall be supported at
a maximum of ten feet (10') intervals by approved methods. All protective
fencing shall be in place prior to commencement of any site work and
remain in place until all exterior work has been completed. 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" x 4" lumber encircled
with wire or other means that do not damage the tree. The intent here
is to protect the bark of the tree against incidental contact by construction
equipment.” protective barriers to ensure protection of said
trees. The protective barriers must be maintained during all construction
until the project is finished.
2. Material
and Equipment Storage:
The developer shall not store
any material or equipment within the critical root zone of a protected
tree. During the construction stage of the development, no cleaning
or storage of equipment or material shall be allowed within the drip
line of a protected tree or under the canopy of the tree. Materials
include but are not limited to oils, paint, solvents, mortar, asphalt,
and concrete.
3. Signs:
No signs, wires, or other attachments except protective barriers
shall be attached to the protected trees.
4. Traffic:
No vehicular traffic, construction equipment traffic, or parking
shall take place within the critical root zone of a protected tree
other than on an existing street pavement. This restriction does not
apply to single incident access for purposes of clearing underbrush,
establishing the building pad and associated lot grading, or vehicular
traffic necessary for routine utility maintenance, emergency restoration
of utility service or routine moving operations.
5. Grade:
No grade change in excess of four inches (4") shall be allowed
within the limits of the critical root zone of any protected tree
unless adequate construction methods are approved by the Administrative
Official beforehand.
6. Paving:
No impervious paving with asphalt or concrete shall be placed
within the critical root zone of a protected tree.
L. Tree Planting
Restrictions.
1. Overhead
Lines:
No required replacement tree shall be planted
within an area where the mature canopy of the tree will interfere
with overhead utility lines.
2. Underground
Lines:
No required replacement tree shall be planted
within an area where the mature root zone of the tree will interfere
with underground public utility lines. No tree shall be planted within
ten feet (10') of a fire hydrant.
M. Enforcement.
1. Developers
Agreement:
No developer agreement shall be approved unless
the agreement states that all construction activities shall meet the
requirements of this section.
2. Building
Permit:
No building permit shall be issued unless the
applicant signs a permit application which states that all construction
activities shall meet the requirements of this section.
(Ordinance 797-2020 adopted 10/15/20; Ordinance
855-2023 adopted 2/16/2023)