(a) 
Development of property shall be sensitive to the environment and provide protection of the environment and mitigation for impacts thereto. All federal, state, and local environmental regulations shall be adhered to in the planning, design, and construction of the development. Subdividers of land in environmentally sensitive areas will be required to mitigate environmental impacts subject to the following:
(b) 
The subdivider shall provide a certification prepared by a registered engineer stating that:
1) 
Phase 1 Environmental Assessment.
(a) 
All subdivisions of 10 acres or more or subdivisions part of a larger development that exceeds 10 acres shall have a phase I environmental assessment prepared for the property.
(b) 
[1] The phase 1 environmental assessment shall identify potential environmental hazards existing on the site, environmentally sensitive site features, and endangered species habitat. Environmental hazards shall be identified, at a minimum, as required by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) per the standard practice identified in the American Society of Testing and Materials (ASTM) Standard Practice E1527.
[1]
Editor’s note–Original has this as Subsection (a).
(c) 
[2] A copy of the phase 1 environmental assessment shall be submitted with Master Development Plan and Preliminary plat submittals.
[2]
Editor’s note–Original has this as Subsection (b).
2) 
Phase 2 Environmental Assessment.
If the phase 1 environmental assessment identifies existing environmental hazards, environmentally sensitive site features, or endangered species habitat, a phase 2 environmental assessment shall be prepared to further investigate the extent of existing hazards the full sensitivity of sensitive features and identify specifics of endangered species habitat. The phase 2 assessment shall comply with the practice identified in ASTM Standard Guide E 1903. The phase 2 environmental assessment shall include recommendations for remediation of existing hazards, protection of environmentally sensitive site features and endangered species habitat, and mitigation of potential damage to environmentally sensitive site features and endangered species habitat.
(Ordinance 530 adopted 3/13/18)
All improvements and construction must be performed in compliance with TCEQ Air Quality Regulations. The subdivider shall provide copies of TCEQ permits for regulated activities.
(Ordinance 530 adopted 3/13/18)
(a) 
General.
(i) 
Protection of surface waters and groundwater from contamination shall be considered in the design of all subdivisions. Provisions for reducing impervious cover, protecting native vegetation and other measures to reduce water pollution shall be implemented in the design and construction of subdivisions.
(b) 
Edwards Aquifer.
(i) 
Subdivisions within the Edwards Aquifer Recharge Zone and certain subdivisions within the Edwards Aquifer Contributing Zone must comply with TCEQ Edwards Aquifer Rules, 30 TAC §213. Copies of the TCEQ approved Edwards Aquifer Protection Plan shall be submitted with the Final Plat.
(ii) 
All high density, commercial, and industrial development must have permanent stormwater pollution prevention plans prepared in accordance with NPDES regulations. A copy must be submitted to the City with the Final Plat for approval.
(iii) 
All construction disturbing one acre or more must comply with NPDES regulations governing stormwater runoff from construction sites. A copy of the stormwater pollution prevention plan and notice of intent shall be submitted to the City for approval.
(Ordinance 530 adopted 3/13/18)
(a) 
Purpose.
The purpose of this Section is to limit disturbance in areas with steeply sloping terrain, to protect watersheds, prevent flooding, and limit soil loss and erosion, degradation of surface water, and the destruction of the natural resources and topography of the City and ETJ
(b) 
Applicability.
The provisions of this Section are applicable to all new development and redevelopment proposed within the City and the ETJ.
(c) 
Designation of Slope Areas.
A slope map shall be submitted at the time of application for plat. The slope map shall be based upon a topographic survey, prepared by a licensed surveyor or engineer, which shows elevations at 10-foot contour intervals with slopes measured between adjacent contour lines. The slope map shall illustrate the following slope areas:
(i) 
less than 15%
(ii) 
15% to 20%
(iii) 
20% to 25%
(iv) 
greater than 25%
(d) 
Calculation of Slope.
Slope shall be calculated as a percentage and shall be established by measurement of distance perpendicular to the contour of the slope. The percent of slope shall be calculated for each 10-foot contour interval. For example, any location on the site where there is a one-foot rise over a 10-foot horizontal run constitutes a 10 percent slope; a 1.5 foot rise over a 10-foot horizontal run constitutes a 15 percent slope; a two foot rise over a 10-foot horizontal run constitutes a 20 percent slope.
(e) 
Disturbance within Slope Areas.
Notwithstanding any applicable zoning requirements, disturbance associated with the preparation of land for development of lots and public improvements shall not disturb more than that percentage of the surface area indicated below within the following slope areas:
(i) 
15% to 20%: 30% of the surface area
(ii) 
20% to 25%: 15% of the surface area
(iii) 
greater than 25%: No disturbance permitted, with exception for the following construction activities:
1) 
Roadways or utility construction when the roadway or utility improvements are necessary in the slope area for a lawfully constructed improvement outside of such slope area to exist and there is no practical alternative to construction within such slope area.
2) 
[1] Cantilevering of structures over a steep slope provided that such cantilevering will not alter natural stormwater drainage or jeopardize slope stability.
[1]
Editor’s note–Original has this as Subsection 3).
3) 
retaining walls and other structures that are necessary for slope stabilization provided the following conditions are met:
a) 
retaining walls shall not be used to increase table land.
b) 
backfilling of a retaining wall is performed only as necessary for slope stabilization.
4) 
Reconstruction on the exact foundation of a previously existing structure.
5) 
Bridges, walkways, stairs, and fences provided that such bridges, walkways, stairs, and fences will not alter natural stormwater drainage or jeopardize slope stability.
6) 
Removal of trees not defined within Section 4.06 [Section 4.07] as protected, specimen, majestic, or historic trees.
(f) 
Tree Removal.
Notwithstanding anything to the contrary, no protected, specimen, or majestic tree may be removed within a steep slope area.
(g) 
Plat Dedication.
Every area identified in the slope map as having a slope greater than 25% shall be dedicated as an easement in the plat as a “Slope Easement.” The plat shall contain the following note setting forth the terms of such Slope Easement:
“For the purpose of preserving areas having a slope greater than 25%, the easements designated on this plat as “Slope Easement” are dedicated to the public. Within such Slope Easements the following activities are prohibited:
(a)
development;
(b)
disturbance; and
(c)
the removal of protected, specimen, majestic, or historic trees.
Notwithstanding the foregoing, and provided that no protected, specimen, majestic, or historic trees are removed, the following activities and improvements are permitted:
(a)
Roadways or utility construction when the roadway or utility improvements are necessary in the slope area for a lawfully constructed improvement outside of such slope area to exist and there is no practical alternative to construction within such slope area.
(b)
Cantilevering of structures over a steep slope provided that such cantilevering will not alter natural stormwater drainage or jeopardize slope stability.
(c)
Retaining walls and other structures that are necessary for slope stabilization provided the following conditions are met:
i)
retaining walls shall not be used to increase table land.
ii)
backfilling of a retaining wall is performed only as necessary for slope stabilization.
(d)
Reconstruction on the exact foundation of a previously existing structure.
(e)
Bridges, walkways, stairs, and fences provided that such bridges, walkways, stairs, and fences will not alter natural stormwater drainage or jeopardize slope stability.
(f)
Removal of trees not defined by the Code of Ordinances of the City of Bulverde, Texas as protected, specimen, majestic, or historic trees.
The Slope Easements dedicated herein are enforceable by the City of Bulverde by any action at law or in equity. To obtain injunctive relief, the City of Bulverde shall only be required to show violation of the terms of the Slope Easements dedicated herein; and a showing of imminent harm or irreparable injury shall not be required.
All terms, phrases, and words in this instrument that are not otherwise defined herein shall have that meaning assigned to them by the Code of Ordinances of the City of Bulverde, Texas on the date that this plat is recorded.”
(Ordinance 530 adopted 3/13/18; Ordinance 557, sec. 2B, adopted 11/13/18)
(a) 
Purpose.
The purpose of this Section is to limit the amount of cut and fill within slope areas, in order to protect watersheds, prevent flooding, and limit soil loss and erosion, degradation of surface water, and the destruction of the natural resources and topography of the City and ETJ.
(b) 
Applicability.
The provisions of this Section are applicable to all new development and redevelopment proposed within the City and the ETJ.
(c) 
Cuts.
In this Section 4.05, a “cut” means the removal of naturally occurring earth material for the purpose of creating a more level building area. Cuts or other excavation associated with the preparation of land for development of lots and public improvements may not exceed four (4) feet in depth, with exception for the following construction activities:
(i) 
Roadways or utility construction when it can be demonstrated that the cut is necessary in order for the roadway or utility improvements to exist.
(ii) 
Cuts within the perimeter of a building footprint and temporary cuts necessary during construction of a building foundation within a building footprint.
(d) 
Fills.
Fills associated with the preparation of land for development of lots and public improvements may not exceed four (4) feet in depth, with exception for the following construction activities:
(i) 
Roadways or utility construction when it can be demonstrated that the fill is necessary in order for the roadway or utility improvements to exist.
(ii) 
Fills within the perimeter of a building footprint.
(e) 
Stabilization and Re-vegetation.
Cut area surfaces and fill areas must be stabilized and re-vegetated in accordance with the City’s Stormwater Drainage Criteria Manual.
(f) 
Variances.
A person may request a variance from this Section 4.05 in the same manner and subject to the same conditions as a variance under Section 1.07.
(Ordinance 530 adopted 3/13/18; Ordinance 680 adopted 12/14/21)
(a) 
Purpose.
The purpose of this Section is to limit the total of all impervious cover that may be developed on a site in order to protect the Edwards Aquifer Recharge Zone and watersheds within the City and ETJ, and to prevent flooding in the City and ETJ.
(b) 
Applicability.
The provisions of this Section are applicable to all new development and redevelopment proposed within the City and the ETJ.
(c) 
Total Impervious Coverage Limitation.
Notwithstanding any applicable zoning requirements or steep slope requirements, the total of all impervious cover that may be developed on a site in the Edwards Aquifer Recharge Zone shall not exceed the following percentages of the gross area of the development site:
(i) 
Less than three (3) acres: 40%
(ii) 
Three (3) to five (5) acres: 30%.
(iii) 
Greater than five (5) acres: 20%
(Ordinance 530 adopted 3/13/18; Ordinance 645 adopted 5/11/21)
[1]
Editor’s note–Original has this as Section 4.05.
(a) 
Purpose.
The terms and provisions of this section are intended to accomplish the following public purposes:
(i) 
Establish rules and regulations governing the protection and preservation of native or established trees within the City and its ETJ.
(ii) 
Encourage the protection of healthy trees and provide for the replacement or replanting of trees that are necessarily removed during construction, development or redevelopment.
(iii) 
Provide for the preservation and protection of larger native or established trees, which provide a valuable amenity to the urban environment and which, once destroyed, can only be replaced after generations, if at all.
(iv) 
Provide for shade, windbreaks, and the cooling of air thereby, reducing the requirements for air conditioning, heating, and the unnecessary use of scarce energy sources.
(v) 
Provide for open space and more efficient drainage of land; thereby, reducing the effects of soil erosion and the need for additional drainage facilities.
(vi) 
Prevent the clearcutting of land.
(vii) 
Preserve the country atmosphere and natural environment that define the community character of the City and make it unique and desirable, as described in the comprehensive plan.
(viii) 
Mitigate the ill effects of rapid and intense urbanization.
(ix) 
Prevent the unwarranted removal of protected, specimen, majestic or historic trees within the city and its ETJ.
(x) 
Preserve existing trees and encourage planting of new trees to provide environmental elements necessary to protect and preserve watersheds in the city limits and ETJ by reducing the amount of pollutants, runoff, and sediment entering streams within such watersheds.
(b) 
Definitions.
The following terms when used in this section shall have the meanings ascribed to them below:
Big Tree Registry.
The most current edition of the Big Tree Registry as published by the Texas A & M Forest Service. If a circumference is listed in the Big Tree Registry, the circumference value shall be converted to a diameter for classification purposes.
Caliper.
The diameter of a tree.
Director.
The person appointed by the city manager to administer the plans and city ordinances related to subdivisions.
Historic tree.
A tree of notable historic interest and value to the city or county because of its location or historical association with the community is designated as a historic tree by the city council or county commissioners court after a public hearing and due notice of such to the property owner where the tree is located.
Platted lot.
A discreet parcel of land defined by a unique block and lot number, by a tract and lot number, or by a subdivision name and lot number and is recorded in the county recorder’s office.
Protected, specimen, and majestic trees.
Any existing living tree of a species or type, except Chinaberry, Hackberry, Ashe Juniper (a.k.a. Mountain Cedar), Chinese Tallow, and Mesquite, possessing the characteristics described in subsection (h), below.
Replacement tree.
A tree meeting the specifications in subsection (h), below, that is planted, replanted, relocated, or left in place for the purposes of mitigation under subsection (i).
Remove or Removal.
To eliminate, or the elimination of, a tree by any means from a site or an act that causes, or may be reasonably expected to cause, a tree to die. Such acts include, but are not limited to: uprooting; severing the main trunk; damaging the root system; and excessive pruning.
(c) 
Prohibited activities.
It is unlawful for any person to do, or cause, direct, or allow another person to do, any of the following:
(i) 
remove any tree without a tree removal permit or in a manner that is inconsistent with a tree removal permit.
(ii) 
plant, replant, or relocate any replacement tree or any protected, specimen, or majestic tree without a tree removal permit or in a manner that is inconsistent with a tree removal permit.
(iii) 
continue removal, planting, replanting, or relocation of trees after the director has issued a stop-work order.
(iv) 
prune any tree in a manner inconsistent with this Section 4.06 [4.07].
(v) 
remove any protected, specimen, majestic, or historic trees from any lot or site within the corporate limits of the city before the issuance of a building permit relating to the lot or site.
(vi) 
remove any protected, specimen, majestic, or historic trees from any lot or site within the ETJ before the issuance of a septic permit approved by the county relating to the lot or site; or
(vii) 
take any action prohibited, or fail to take any action required, by this section.
(d) 
Applicability.
This Section 4.06 [4.07] only applies real property within the city’s corporate limits and the ETJ that is the subject of any one or more applications for subdivision of land and land development, including but not limited to an application for a development plat.
(e) 
Exceptions.
The following exceptions from the terms and provisions of this section are hereby authorized and granted:
(i) 
Platted lots with an owner-occupied single-family residence are exempted from these requirements. However, builders, contractors, and owners are subject to the requirements established herein for all new construction prior to the owner moving into the completed residence.
(ii) 
Trees removed in the building footprint plus ten feet of single-family residential structures and commercial structures are not required to be mitigated. Building footprint includes attached structures such as a deck, patio, or garage, but does not include walkways, driveways, pools, parking lots, or detached structures; provided however, that the exemption provided by this paragraph does not apply to majestic trees within the building footprint plus ten feet of commercial structures and such majestic trees remain subject to all provisions of this ordinance.
(iii) 
Unplatted parcels larger than 4 acres with an owner-occupied single-family residence are exempt from these requirements. However, the owner must provide prior written notice to the director before the removal of more than three (3) protected, specimen, majestic, or historic trees.
(iv) 
The director may issue a written authorization allowing a protected, specimen, majestic, or historic tree to be removed without obtaining a written permit as herein required if any protected, specimen, majestic, or historic tree shall be determined in writing by a certified arborist, landscape architect or other professional to be: (1) injured, dying, diseased, or infested with harmful insects; (2) in danger of falling; (3) interfering with utility service; or (4) creating a hazardous or dangerous condition so as to endanger the public health, welfare, or safety.
(v) 
During the period of an emergency, such as a tornado, storm, flood, or other act of God, the requirements of this section may be waived as may be deemed necessary by the director.
(vi) 
All licensed plant or tree nurseries shall be exempt from the terms and provisions of this section only in relation to those trees planted and growing on the premises of said licensee, that are so planted and growing for the sale or intended sale to the general public in the ordinary course of said licensed business.
(vii) 
Utility companies authorized to provide utility service must secure written approval prior to removing any protected, specimen, majestic, or historic trees. Utility company must demonstrate that nonremoval of protected, specimen, majestic, or historic trees would endanger public safety and welfare by interfering with utility service and that the removal is the minimum necessary for the utilities to function properly and no other alternative is available. This section does not apply to a private property owner extending utilities to private property.
(viii) 
The mowing, clearing, and grubbing of brush located within or under the drip lines of protected, specimen, majestic, or historic trees shall be allowed, provided such mowing, clearing, or grubbing is accomplished by hand tools or by mowers. The use of bulldozers, loaders, or other construction or earth moving equipment for this purpose shall not be allowed.
(ix) 
This section does not apply to the portion of property owned by a political subdivision of the state necessary for the construction of: recreational uses, such as golf courses and baseball, soccer, football or similar athletic facilities; public works projects such as water or wastewater treatment plants, pump stations, or storage tanks; public streets; and drainage improvements and sufficient adjacent area to allow the normal operation of construction equipment.
(x) 
The director may, when no other alternative is available, exempt certain easements and rights-of-way included on a plat approved by the City or county and filed in the plat records of the county provided that the applicant demonstrates that the removal is necessary for the rights-of-way and easements to function properly.
(f) 
Permits.
(i) 
The permit application for a tree removal permit shall include the following information:
(1) 
Location of all existing or proposed structures, improvements such as streets, alleyways, and site uses properly dimensioned and referenced to property lines, setback, and yard requirements.
(2) 
Date, scale, north point, and the names, addresses, and telephone numbers of both property owner and the person preparing the plan.
(3) 
Location of existing and proposed utility easements and drainage easements on the lot.
(4) 
Location and dimensions of visibility triangles on the lot.
(5) 
A tree survey by a Texas licensed land surveyor locating protected, specimen, majestic and historic trees and their driplines on the site. Protected, specimen, majestic and historic trees to remain shall be clearly identified. Trees to be removed shall be identified by gray scale lines and a reason stated for the removal of such trees. Each tree shall be numbered referencing a legend specifying the caliper, common name, and whether it is protected, specimen, majestic, or historic.
(6) 
As an alternative to the tree survey requirements of this section, for single-family residential lots of 10 acres or less, the application for a tree removal permit may instead include a listing of all protected, specimen, majestic, and historic trees to be removed. The listing shall include each tree’s caliper size as measured according to subsection (h) and the reason for removal. This alternative for single-family residential lots of 10 acres or less shall be allowed to an individual lot owner or applicant for no more than one lot in any 12-month period unless a variance in the number of lots or frequency is reviewed by the planning and zoning commission and approved by the city council.
(7) 
If tree relocation is requested, a tree relocation plan that exhibits the current location of protected, specimen, majestic, and historic trees proposed for replanting and indicate the proposed replanting location for each.
(8) 
If tree replacement is requested, a tree replacement plan that exhibits the location of proposed replacement trees and remaining protected, specimen, majestic, and historic trees. It shall include a legend indicating the common name, caliper size, and height of proposed replacement trees.
(ii) 
Application review.
Upon receipt of proper application, the director shall review the application for compliance with the provisions of this article. Said review may include a field inspection of the site and the application may be referred to as such departments as deemed appropriate for review and recommendations. Following the review and inspection, the director will approve, disapprove, or approve with conditions the application in accordance with the provisions of this article and issue, refuse to issue, or issue with conditions a tree removal permit.
(iii) 
Expiration.
A tree removal permit expires one (1) year after its effective date, provided that the mitigation conditions in the permit remain in effect until the conditions are met. If the tree removal permit is issued related to a master development plan, then the tree removal permit expires when the master development plan expires.
(iv) 
Application for Credit.
To the extent that Section 212.905, Texas Local Government Code applies, an application for a tree removal permit is an application for credit pursuant to Texas Local Government Code § 212.905(c).
(g) 
Tree pruning restrictions.
(i) 
General.
No protected, specimen, majestic, or historic tree shall be pruned in such a manner that would reasonably lead to the death of the tree.
(ii) 
Allowed pruning.
The city may approve pruning of a protected, specimen, majestic, or historic tree in cases where they must be strategically pruned to allow construction or demolition of a structure. All pruning of trees by franchise utility companies to ensure the safe operation of utility services shall be allowed. When allowed, all pruning shall be by approved arboricultural techniques designed to preserve and protect the pruned trees. This section is not intended to require a permit for reasonable pruning performed or contracted to be performed by the owner of the tree when unrelated to construction activity.
(iii) 
Required pruning.
The city shall have the right to prune trees overhanging public rights of way that interfere with visibility of any traffic-control device or sign or as necessary to preserve the public safety.
(iv) 
Tree topping.
It shall be unlawful for any person, firm or city department to severely cut back limbs to stubs larger than three inches (3") in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other acts of God, or certain trees under obstructions where other pruning practices are impractical may be exempted from this article at the determination of the director.
(v) 
Branch and root pruning of wounded trees.
All broken branches and exposed roots two (2) inches in diameter or greater of protected, specimen, majestic, historic, and replacement trees shall be cut cleanly. In the case of oak species, in order to prevent infection by oak wilt spores, wounds must be painted with an acceptable wound dressing within thirty (30) minutes.
(h) 
Tree Classifications
(i) 
Existing trees requiring mitigation shall be any existing living tree of a species or type, excluding Chinaberry, Hackberry, Ashe Juniper (a.k.a. Mountain Cedar), Chinese Tallow and Mesquite, that has or possesses each of the following characteristics or criteria:
Tree Type
Single Trunk Caliper
Multi-Trunk Caliper*
Minimum Height
Protected
6 inches or more
8 inches or more
12 feet
Specimen
Greater than 24" or 50% of state champion specimen in Big Tree Registry, whichever is less
N/A
N/A
Majestic
Greater than 36" or 75% of state champion specimen in Big Tree Registry, whichever is less
N/A
N/A
* Multi-Trunk caliper shall be calculated by taking the caliper of the largest trunk and adding 1/2 of the caliper values of each of the other trunks.
(ii) 
If a circumference is listed in the Big Tree Registry, the circumference value shall be converted to a diameter for classification purposes.
(iii) 
Diameters for existing trees shall be measured at four (4) feet above natural grade.
(iv) 
Replacement trees shall be sized in accordance with the caliper sizes established by the Texas Association of Nurserymen Grades and Standards and shall have a minimum caliper of four (4) inches and a minimum height of nine (9) feet. Replacement trees shall be limited to the following approved species:
Common Name
Scientific Name
Live Oak
Quercus virginiana
Monterey Oak
Quercus polymorhpa
Chinkapin Oak
Quercus muehlenbergii
Burr Oak
Quercus macrocarpa
Lacey Oak
Quercus laceyi
Texas Red Oak
Quercus texana
Cedar Elm
Ulmas crassifolia
Arizona Cypress
Cupressus arizonia
Pecan
Carya illinoesis
Uvalde Big Tooth Maple
Acer grandidentatum
Anacua
Ehretia anacua
Texas Mountain-Laurel
Sophora (Calia) Secundiflora
Cottonwood
Populus deltoides ssp. deltoides
Sycamore
Platanus occidentalis
Texas Ash
Fraxinus albicans
(v) 
Replacement trees not listed above may be considered on a case-by-case basis by the director. Requests for alternative replacement trees must be submitted in writing with the permit application and such trees must meet the same dimensional requirements as listed herein.
(vi) 
Existing trees not meeting the dimensional specifications of a protected, specimen, or majestic tree, but meeting the specifications for a replacement tree, may, and are encouraged to, be used as replacement trees in lieu of new plantings. Such trees may be left in place or relocated to another portion of the site.
(i) 
Tree removal and mitigation requirements.
(i) 
No historic tree may be removed unless the exceptions apply as described in subsection (e) above.
(ii) 
No majestic tree shall be removed unless the exceptions apply as described in subsection (e) above. Additional majestic tree removal may be allowed on a case-by-case basis. A separate permit is required for each majestic tree removed. The planning and zoning commission shall review each permit application for majestic tree removal and make a recommendation to city council. City council shall then approve or disapprove the permit. A 3:1 mitigation amount is required for any majestic tree removed.
(iii) 
The total tree removal from the site cannot exceed 60% of the total caliper width of protected, specimen, majestic, or historic trees on the site.
(iv) 
Any person removing protected, specimen, or majestic trees shall mitigate such removal by planting, replanting, relocating or leaving in place replacement tree(s) having a total caliper width equal to the total caliper width removed, plus any additional mitigation amount as stipulated in subsection (2) above, in accordance with the following:
(1) 
Property owner must fulfill 100% of tree removal mitigation requirements.
(2) 
No more than 35% of the total replacement trees may be of the same species.
(3) 
At least 50% of the replacement trees shall exceed six inches (6") in caliper width.
(4) 
Within 60 days of the 1-year anniversary of completion of all work pursuant to a tree removal permit, the permittee shall provide a report from a certified arborist verifying the viability of all replacement trees. The permittee shall replace any replacement tree that dies within one (1) year of being planted. A new one-year warranty period starts for a tree used to replace a dead replacement tree and the permittee shall provide a report from a certified arborist verifying the viability of such replacement trees within 60 days of the 1-year anniversary of the planting of such replacement trees.
(5) 
Replacement trees shall be dispersed throughout the site, particularly in parking lots, as much as possible with the exception of any utility easement areas. No replacement trees shall be planted in utility easement areas.
(6) 
In lieu of providing replacement trees, a person may pay to the city an amount determined in accordance with this subsection (6), referred to herein as “cash in lieu.” Up to 25% of the required replacement tree caliper may be paid as cash in lieu to the city unless insufficient land area exists as described in subsection (7), immediately below. Any such payments shall be deposited into a special account or fund and used by the city to provide or support supplemental landscape plantings in public areas of the city or acquire wooded property that shall remain in a naturalistic state in perpetuity. A per-caliper-inch cash value for replacement trees shall be set by the city council after review and recommendation by the planning and zoning commission.
(7) 
If insufficient land area exists to plant the required total caliper width of replacement trees as defined in this section, then the cash in lieu amount can be applied to up to 50% of the required replacement tree caliper. At the sole cost of the permittee, a certified arborist shall make a written determination of the maximum total caliper width of replacement trees that may be planted on the site.
(8) 
Only those trees meeting and replanted in accordance with the applicable Texas Nursery & Landscape Association Specifications Grades and Standards, or such other set of standards as designated by the City from time to time, shall satisfy the tree replanting requirements contained herein.
(j) 
Tree Protection Measures.
The following tree protection measures are required:
(i) 
Prior to construction or land development, four-foot-high (4') plastic (or equivalent) safety fencing shall be installed around the drip line of protected, specimen, majestic, historic, and replacement trees.
(ii) 
The cleaning of equipment or materials or the disposal of any waste material, including, but not limited to, paint, oil, solvents, asphalt, concrete, and mortar is prohibited under the canopy or drip line of any protected, specimen, majestic, historic, or replacement tree or group thereof.
(iii) 
No attachments or wires of any kind, other than those of a protective nature, shall be attached to any tree.
(iv) 
With grade changes of six inches (6") or greater, a retaining wall or tree well of rock, brick, landscape timbers, or other approved materials shall be constructed around the tree no closer than the drip line of the tree. The top of the retaining wall or tree well shall be constructed at the new grade.
(v) 
Unless otherwise approved by the city, no construction or construction related activity shall occur under the drip line of any protected, specimen, majestic, historic tree, or replacement tree or group thereof. Furthermore, if a foundation, street or alley pavement, utility line, on-site sewerage facility, pool, tennis court, patio, sidewalk, drive, or parking lot must be constructed within the drip line of said trees, it shall be constructed, under the supervision of a certified arborist, no closer than five feet (5') from the trunk of such trees provided further that the portion of any driveway or parking lot constructed within the drip line of any protected, specimen, majestic, historic, or replacement tree or group thereof shall be constructed of pervious materials, such as pervious pavestone or ecocrete, approved by the director.
(vi) 
Any trees removed during land development, construction, or construction-related activities shall be chipped or hauled off site.
(vii) 
The location of all proposed buildings and improvements shall be oriented to allow for the maximum preservation of protected, specimen, majestic and historic trees.
(viii) 
Site plans shall, to the extent practicable, accommodate existing trees by providing islands in parking lots and grading and landscaping surrounding structures.
(k) 
Violations and penalties.
(i) 
Any person that takes an action prohibited, or fails to take an action required, by this Section 4.06 [4.07] shall be guilty of a misdemeanor. Each tree removed in violation of this Section 4.06 [4.07] constitutes a separate offense. Each day that such violation or failure exists, occurs, or continues constitutes a separate offense.
(ii) 
Any person that removes any protected, specimen, majestic, or historic tree without a permit, or that injures any protected, specimen, majestic, or historic tree because of failure to follow required tree protection measures such that the tree dies, nr may reasonably be expected to die, shall be liable to the city for a civil penalty in the amount of $1,000.00 per tree per day that the removal or injury to such tree is not remedied by complying with this Section 4.06 [4.07]. In lieu of a civil penalty, the City may require replacement trees as follows:
Tree Type
Replacement Trees
Protected
5 times the caliper inches removed
Specimen
10 times the caliper inches removed
Majestic/historic
15 times the caliper inches removed
(l) 
Appeals and variances.
(i) 
Any decision rendered by the director under this Section 4.06 [4.07] may be appealed to the city council by any person, agent, or representative affected by such decision. Council will have the discretion to request a recommendation from planning and zoning prior to issuing a decision. Such appeal must be received within ten (10) days after the placement of a letter in the U.S. mail addressed to the address on the permit application or the address of the current owner of record in the county tax records which states the written decision which has been rendered by the director. Such appeal shall be filed in writing with the director specifying the grounds on which the appeal is based. The director shall transmit to the city council all documents pertaining to the appealed action. The city council shall hear the appeal at a city council meeting as soon as practicable thereafter to determine whether the decision of the director was in accordance with all ordinances and regulations. The decision of the city council shall be final.
(ii) 
A person may request a variance from this Section 4.06 [4.07] in the same manner and subject to the same conditions as a variance under Section 1.07.
(Ordinance 530 adopted 3/13/18; Ordinance 645 adopted 5/11/21; Ordinance 759 adopted 5/14/2024)
[1]
Editor’s note–Original has this as Section 4.06.
(a) 
Purpose.
The terms and provisions of this section are intended to accomplish the following public health and welfare purposes within the City limits and within watersheds within the ETJ:
(i) 
Reduce the potential for downstream flooding.
(ii) 
Reduce the need for manmade flood control measures and structures with new development.
(iii) 
Protect surface and groundwater quality by reducing erosion, sedimentation, and pollution.
(iv) 
Protect riparian areas within the City and its ETJ by securing their dedication as open space, such as greenways, parks, and wildlife habitats.
(v) 
Protect water-dependent aquatic and terrestrial wildlife corridors.
(vi) 
Protect and police wetlands and watersheds within the City and its ETJ.
(b) 
Applicability.
This Section 4.07 [4.08] applies within the city limits and to all watersheds within the ETJ.
(c) 
Riparian Buffer Conservation.
(i) 
A riparian buffer of 60 feet on either side of the centerline of any watercourse within the city limits and the ETJ that drains greater than 25 acres is hereby established.
(ii) 
No disturbance shall be permitted within a riparian buffer established under subsection (i) above, with exception for the following construction activities:
(1) 
Roadways, pedestrian facilities, or utility improvements when such roadway, pedestrian facilities, or utility improvements are necessary for a lawfully constructed improvement outside of such riparian buffer to exist and there is no practical alternative to construction within such riparian buffer.
(2) 
Stormwater and drainage detention and retention facilities when such facilities are necessary for a lawfully constructed improvement outside of such riparian buffer area to exist and there is no practical alternative to construction within such riparian buffer.
(3) 
Construction allowed by this subsection (ii) within a riparian buffer must follow guidelines outlined within the Bulverde Storm Drainage Design Criteria Manual.
(iii) 
Notwithstanding subsection (ii) immediately above, a subdivider shall plat all riparian buffers within a subdivision as common area lots established as non-buildable lots solely for the purpose of open space.
(iv) 
No protected, specimen, or majestic tree may be removed within a riparian buffer.
(d) 
Riparian Buffer Conservation Submittal.
A stream network map shall be submitted upon submittal of a master development plan, preliminary plat, development plat, and final plat and shall include the following information:
1. 
Date of preparation, north arrow, scale, and vicinity map identifying adjacent streets, subdivisions, and other landmarks to pinpoint the location of the subdivision.
2. 
Boundary of proposed development.
3. 
Identification and delineation of watercourses draining 25 acres or more.
4. 
Identification and delineation of riparian buffers.
5. 
Identification, delineation, and total acreage of each drainage basin drained by a watercourse.
6. 
5-foot contours.
7. 
Overall length of watercourses draining more than 25 acres within the subdivision.
8. 
Overall area of riparian buffers in acres.
(e) 
Definitions. In this Section 4.07 [4.08], the following terms have the meaning ascribed to them below:
RIPARIAN BUFFER -
the area adjacent to a watercourse in which development is limited pursuant to Section 4.07(c) [4.08(c)], above.
WATERCOURSE.
A channel in which water flows within a defined bed and banks, whether intermittently with some degree of regularity or continuously, such as a river, creek, stream, or wet-weather or seasonal creek; provided, however, that the term does not include channels, swales, culverts, or other improvements constructed pursuant to, and in conformance with, a plat, permit, or other authorization issued by the City or other regulatory authority.
(Ordinance 537 adopted 4/10/18; Ordinance 655 adopted 7/13/21)
[1]
Editor’s note–Original has this as Section 4.07.