The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them as follows:
All forest management activities, including intermediate
cuttings, the harvesting of timber, the transport of logs and construction
of forest roads. “Commercial timber harvesting activities”
specifically does not include:
The clearing or cutting of trees by any landowner on his or
her own residence if less than one (1) acre;
The hiring of a tree service by a landowner for the purpose
of thinning or removing trees on his or her own residence, if less
than one (1) acre;
The maintenance of highline easements; or
The cutting or clearing of trees from platted and dedicated
streets in a commercial or residential subdivision;
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however, it does include the clearing or cutting of trees by
a landowner on his or her own residence in excess of one (1) acre,
or on any non-homestead or nonresidential property.
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The actual site upon which commercial timber harvesting activities
are conducted.
The person to whom is issued a permit for the conduct of
commercial timber harvesting activities.
Any individual, agent, employee, firm, representative, partnership,
association, corporation, cooperative trust, limited liability company,
limited liability partnership or limited partnership.
(1987 Code, sec. 16-5(a))
Any person who violates a provision of this article is guilty
of a separate offense for each portion of a day during which the violation
is committed or continued, and each offense is punishable by a fine
of not less than twenty-five dollars ($25.00) nor more than one thousand
dollars ($1,000.00) per day. In addition, the city may apply to any
district court for a restraining order, injunction, or other enforcement
of its ordinances.
(1987 Code, sec. 16-5(m))
It shall be unlawful for any person to conduct commercial timber
harvesting activities in the city limits without providing the city
clerk a copy of an insurance policy for liability for bodily injury
or death during the conduct of its commercial timber activities, in
the amount of one million dollars ($1,000,000.00).
(1987 Code, sec. 16-5(b))
It shall be unlawful for any person to engage in commercial
timber harvesting activities within fifty (50) feet of any street,
road, highway, public or private school or college, any publicly owned
park or playground, any sports facility or any residential building
occupied by an individual.
(1987 Code, sec. 16-5(c))
(a)
No
commercial timber harvesting activities may be commenced until the
permittee shall file with the city building inspector sufficient security
in the form of cash, certificate of deposit, letter of credit or bond
in the amount of ten thousand dollars ($10,000.00).
(b)
If
at any time the building inspector shall deem any permittee’s
security to be insufficient for any reason, he may require the permittee
to file a new security.
(c)
Any
security required under the provisions of this section will be subject
to forfeiture to the city on the following conditions:
(1)
The permittee has not complied with all of the terms and conditions
of this article;
(2)
The permittee has failed to pay all fines, penalties or other assessments
imposed upon it by reason of any breach of this article;
(3)
The permittee has not remedied any and all damaged streets, curbs,
gutters, water lines, and fire hydrants;
(4)
The permittee has not cleared the location and repaired any damages
or failed to maintain and restore the location, as provided in this
article.
(1987 Code, sec. 16-5(g))
The permittee will repair any and all damages done to any fences
and will not cut any witness or line trees. The permittee shall not
leave personal debris on the location, and will clear all debris and
treetops from the location, and shall grade, level and restore the
property to the reasonably same surface condition as nearly as practicable.
The permittee assumes the responsibility for the prevention and suppression
of any and all forest fires in the area resulting from the permittee’s
commercial timber activities. The permittee will specifically immediately
clean up and repair any damages caused by a break of any oil or gas
pipeline and shall return the site of any spill to its original condition.
(1987 Code, sec. 16-5(h))
Upon the cessation of operations and application to the city
building inspector, together with a statement that the permittee has
complied with all of the provisions of this article, and upon the
inspection of the location and of the city streets used by the permittee,
the city building inspector shall deduct any and all costs required
to put the permittee in compliance with this article and return any
unused portion of the bond to the permittee.
(1987 Code, sec. 16-5(i))
The building inspector may enter upon any property or premises
to perform any duties imposed upon him by this regulation.
(1987 Code, sec. 16-5(j))
The permittee, by the obtaining of its permit, agrees to waive
any causes of action it may have against the city and will further
hold the city, its officers, employees and citizens harmless from
any and all claims, demands, actions or causes of action, including
attorney’s fees and expenses for the death of any person or
persons, including the permittee’s employees, contractors or
subcontractors, or damage to the property of any person or persons,
due in any manner to the operations of the permittee.
(1987 Code, sec. 16-5(k))
In all of its activities, the permittee will conduct all of
its operations in a reasonable and workmanlike manner and in strict
conformance with the provisions of this article and the Texas Best
Management Practices for Silviculture set out in the most recent edition
published by the Texas Forestry Association, which publication is
hereby adopted and incorporated herein by reference for all purposes;
provided, however, that in the event of a conflict between the provisions
of this article and the best management practices standards, the more
stringent of the two (2) shall apply.
(1987 Code, sec. 16-5(m))
(a)
It
shall be unlawful for any person to use any part of any property or
land located within the city limits, or any part of any street, alley,
park, avenue, lane or highway within the city, unless such person
has complied with the provisions of this article and obtained a permit
to conduct commercial timber harvesting activities.
(b)
Any
person desiring to conduct commercial timber harvesting activities
shall apply to the building inspector of the city for a permit. Such
application shall set forth in writing the following facts:
(1)
The date of the application;
(2)
The name and federal tax identification number of the applicant;
(3)
The address of the applicant;
(4)
The proposed site of the commercial timber activities, including
the name of the owner of the land and a brief description of the land;
(5)
A scaled drawing of the land upon which the commercial timber activities
are to be conducted;
(6)
A copy of the applicant’s insurance policy provided for in
this article;
(7)
The bond or other security required in this article;
(c)
When
the applicant for a commercial timber permit has complied with the
provisions of this article, the building inspector shall furnish the
permittee a printed form of the permit, which shall be in the nature
of a contract or franchise from the city to the applicant.
(d)
Full
power and authority for the granting or refusal of a permit shall
be vested in the city building inspector; provided that, if the building
inspector refuses to grant a permit, an applicant shall have the right
to appeal to the city council.
(1987 Code, sec. 16-5(d))
If commercial timber activities are not begun within one hundred
eighty (180) days after the granting of the permit, the permit shall
become null and void, provided that such permit may be extended for
an additional period of time, up to one hundred eighty (180) days,
by the building inspector upon application, without an additional
fee.
(1987 Code, sec. 16-5(e))
The building inspector may revoke any permit issued pursuant
to this article upon finding that any provision of this article is
being violated by the permittee. If a permit is revoked, the permittee
may make direct application to the city council for the reissuing
of such permit, but any finding by the city council shall be final.
(1987 Code, sec. 16-5(f))
