(a) 
The purpose of this article is to ensure environmentally sensitive site planning which furthers the preservation of mature trees and natural areas, to protect trees during construction, to facilitate site design and construction which contribute to the long-term viability of existing trees, and to control the removal of trees when necessary. It is the further purpose of this article to achieve the following broader objectives and public purposes:
(1) 
To encourage preservation of existing public and private trees that are shade, ornamental, specimen and/or of historic value through incentives and penalties.
(2) 
To encourage ecological stabilization through urban forest management that contributes to the processes of air purification, oxygen regeneration, groundwater recharge, and stormwater runoff retardation, and promote energy efficiency and water conservation through tree preservation and cultivation, thereby abating noise, heat and glare.
(3) 
To acknowledge that trees and landscaping add value to property and protect public and private investments to the general benefit of the city and its residents.
(4) 
To define reasonable protective measures required to preserve the protected tree population.
(5) 
To protect healthy, quality trees and promote the natural ecological, environmental and existing aesthetic qualities of the city.
(6) 
To preserve and promote the appearance and heritage of the city.
(7) 
To protect and preserve native and specimen vegetative specimens, their ecosystems, and natural habitats and prevent damage to and unnecessary removal of vegetation during the land development and construction processes.
(8) 
To prohibit indiscriminate clear-cutting.
(9) 
To preserve trees on both public and private property and, in the event that tree removal is necessary, to ensure that appropriate replacement trees are planted.
(10) 
To protect and increase the value of residential and commercial properties within the city.
(11) 
To maintain and enhance a positive image for the attraction of new businesses and promote the quality of life of the residents in the city.
(b) 
This article is also intended to minimize erosion and stormwater runoff, provide buffers between neighboring properties, preserve historic streetscapes, minimize the visual and environmental impacts of paved surfaces and buildings, and ensure landscaping in conjunction with new development and redevelopment in a manner that preserves native vegetation. This article is intended to balance the property rights of individual property owners with those of the overall health, safety and welfare interests of the community. A permit system is utilized, intended to prevent the damage, destruction or removal of a protected tree unless this article and its requirements are met.
(Ordinance 2009005, sec. 1, adopted 4/21/09; 2013 Code, sec. 58-1)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words and terms used in this article, but not defined in this article, shall have the meaning ascribed thereto in other ordinances of the city. Words and terms defined in two ordinances shall be read in harmony unless there exists an irreconcilable conflict, in which case the definition contained in this article shall control.
Administrative official
means the department director appointed by the city manager to administer this article, or the department director’s designee.
Agricultural use
means any use on property that is related to active farming, livestock, or ranching, including using land as pasture or in the production of crops or horticultural products, the keeping of livestock, including but not limited to poultry and hoofed animals such as cattle, horses, goats and sheep, for commercial or noncommercial purposes, and the construction and maintenance of agricultural accessory buildings.
Alter or alteration
means any act which causes or may reasonably be expected to cause a tree to die, including but not limited to any of the following:
(1) 
Uprooting any portion of the tree’s root system;
(2) 
Severing the main trunk of the tree;
(3) 
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;
(4) 
Changing the natural grade of the critical root zone of a tree or 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;
(5) 
Applying herbicidal or other lethal chemicals to the tree or any portion of the critical root zone of the tree;
(6) 
Placement of impermeable material over any portion of the critical root system of a tree; and
(7) 
Trenching within the critical root zone.
A protected tree shall be considered to be altered if one or more of the following occurs: more than 25 percent of the critical root zone is adversely affected, more than 25 percent of its canopy is removed, or the tree is disfigured to the extent a certified arborist would conclude the tree will not survive.
Buildable area
means that portion of a building site exclusive of the required yard areas on which a structure or building improvements may be erected, including the actual structure, driveway, parking lot, pool and other construction shown on a site plan. The buildable area shall extend six feet from such area to allow for the normal operation of construction equipment.
Building pad
means the actual foundation area of a building and a reasonable area around the foundation necessary for construction and grade transitions.
Building permit
means the official authorization by the city to allow any construction on any property in the city that increases the impervious cover on the lot, tract or portion of land.
Caliper
means American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be taken six inches above the ground for up to four-inch caliper size and 12 inches above the ground for larger caliper sizes.
Certificate of occupancy (CO)
means an official city acknowledgement that indicates conformance with all applicable city regulations and authorizes the legal use and occupancy of the premises for which it is issued.
Certified arborist
means a specialist in the care of individual trees, knowledgeable about the needs of trees, and trained and equipped to provide proper care of trees, and certified by the International Society of Arboriculture as a certified arborist.
Clear-cutting
means the removal of all trees or a significant majority of the trees within an area of land.
Critical root zone
means the area of undisturbed natural soil around a tree defined by a concentric circle drawn at grade with a radius equal to the distance from the trunk to the outermost portion of the drip line. As a practical matter, this is the acute portion of the tree’s root system.
Cut/fill
means areas where the natural ground level has been modified either through excavation (cut) or fill.
Development
means any construction activity for which a building permit or grading permit is required under the ordinances of the city.
Disruptive activity.
(1) 
The term “disruptive activity” means any permanent change to existing surface conditions including clearing, grading, trenching, boring, and similar activities.
(2) 
The term “disruptive activity” does not include normal mowing or removal of trees less than four caliper inches.
Dripline
means whichever of the following encompasses the greatest area:
(1) 
The irregular shape formed around a tree by a series of vertical lines that run through the outermost portion of the canopy of the tree and extend to the ground;
(2) 
A circular area with a radius of one-half the height of the tree extending outward from the center point of the tree; or
(3) 
If the tree is damaged or deformed, a circular area with a radius equal to two feet per inch of caliper.
Easement
means the authorization by a property owner for the use by another, and for a specified purpose, of any designated part of such property. Easements may be temporary or permanent.
Easement, conservation,
means a permanent deed restriction that limits development of property, or a transfer of an interest in property to a public or nonprofit entity approved by the city, duly recorded in the deed records of the county and binding on all subsequent owners, and for the purpose of protecting and preserving environmentally sensitive natural resources, in which the landowner retains fee title to the property.
Easement, permanent,
means the permanent transfer by plat or written instrument of an interest in property or authorization by a property owner for the use by another, for a specified limited purpose.
Easement, temporary access,
means an easement granting a right of access to property that is adjacent to a property being developed to provide temporary access for construction activities on the property being developed. The easement is granted only for the period of the construction activity.
Easement, temporary construction,
means an easement granting a right of use of property that is adjacent to a property being developed to provide temporary access required for the installation of required and approved utility lines and other infrastructure to serve the property being developed. The easement is granted only for the period of the construction activity.
Easement, utility or drainage,
means an area designated on any plat or other instrument approved by the city for the location of utility lines or facilities for the flow of stormwater.
Environmental preserve
means a natural open space reserved for land that is under permanent conservation, such as areas in the floodplain, woodlands to be preserved, creeks, water bodies, steep grades, and other environmentally sensitive lands and including land protected through conservation easements.
Existing tree cover
means the sum total of the area that is located beneath the canopies of all protected trees on the lot or tract on the date of development application, as measured by accepted forestry practices.
Footprint
means an area not to exceed six feet in all directions around impervious surfaces as designated on an approved site plan or tree conservation plan.
Grading
means the movement of dirt, topsoil, grass, native material, bushes, trees, landscaping or other forms of surface material which will result in a long-term difference of six inches or greater from the initial elevation.
Grading permit
means an official authorization by the city to allow any person to regrade, excavate, disturb or store spoils on any property in the city as required by the city’s adopted building code.
Grading plan
means a topographical map of the subdivision with sufficient perimeter area to provide a clear definition of the initial elevations, watercourses and drainage patterns. In addition, the plan includes one-foot contours, spot elevations. and flow arrows. The plan is sufficient in detail and scale to determine limits and depths of excavation or fill. The plan must be signed and sealed by a registered professional engineer licensed by the state.
Heavily wooded area
means an area of continuous wooded vegetation where trees are at a density of at least one protected tree per 325 square feet of land, where the branches and leaves form a continuous canopy, and which consists of at least five trees.
Landscape architect
means a person licensed to use the title of landscape architect in the state in accordance with state law.
Limits of construction
means a delineation on the graphic exhibit which shows the boundary of the area within which all construction activity will occur.
Municipal/public domain property
means property owned by a governmental entity such as the city, county, state, federal government, school district or other such entity, such as city hall, public parks, Corps of Engineers property, public rights-of-way (ROW), libraries, fire stations, and water towers, water treatment and other public works facilities.
Owner
means any person holding a legal or equitable interest in land, or a lessee, agent, employee or other person acting on behalf of such person.
Parks, recreation, and clean city commission
means a volunteer citizen body appointed by the city council which is authorized to make recommendations on the city’s parks and public open space facilities. The parks, recreation, and clean city commission shall also serve as the tree board.
Parks master plan
means the component element of the Forest Hill 2020 Strategy that serves as the community’s blueprint for future parks and open space facilities.
Planning and zoning commission
means a volunteer citizen body appointed by the city council which is authorized to make recommendations on the physical development of the city, including land use, zoning and transportation issues.
Protected tree
means any self-supporting, woody perennial plant which has a caliper of four inches or more when measured at a point 4-1/2 feet above ground level and which normally attains an overall height of at least 15 feet at maturity, usually with one main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oaks.
Protective measures
means protective fencing with a four-foot approximate height surrounding the critical root zone and bark protection to ensure that all prohibited activities (see section 4.08.007(b)) in the critical root zone are prevented, in order to prevent damage to the tree and its root system, including protection for trees on adjacent properties.
Right-of-way (ROW)
means a strip of land other than a drainage or utility easement occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer, or for another special use.
Selective thinning
means selective clearing of undesirable trees to allow unrestricted growth of young, vigorous trees, especially hardwoods, as recommended by a licensed professional. Shade of 50 to 60 percent is more desirable and conducive to all activities. Dense shade is the least desirable. On densely wooded properties, selective thinning may be used to accomplish a required tree survey by a licensed professional on the property.
Significant or large tree
means any tree 30 caliper inches (94.25 inches in circumference) or 20 caliper inches (62.83 inches in circumference) for post oaks and blackjack oaks or such trees deemed to be of historical value.
Specimen tree
means a tree grown for exhibition or open to display its full development.
Tree
means any self-supporting woody perennial plant which will normally attain a trunk diameter of two inches or more when measured at a point 4-1/2 feet above ground level and an overall height of at least 15 feet at maturity.
Tree board
means a board appointed to carry out specific duties and responsibilities as set forth in this article. The parks, recreation and clean city commission shall constitute the tree board.
Tree conservation analysis
means a preliminary analysis that shows the general site design direction of the development including general placement of building pads, parking areas and infrastructure based on the environmental features of the property.
Tree conservation plan
means a plan that illustrates, in detail, the impact of all proposed development including the location of all proposed buildings, parking areas, location of all easements, streets and all other infrastructure and the impact on all environmental features of the site such as protected trees, natural creeks, ponds, steep grades and other critical resources. A grading plan shall be included if applicable; also the trees desired to be removed, the trees that shall remain on the site, and an accompanying document indicating the reason for the proposed removal of any tree, and if applicable, a description of how the existing healthy trees proposed to be retained will be protected from damage from construction.
Tree, diseased, infected or damaged,
means a tree that is:
(1) 
Infected with a disease or a parasite making it reasonably likely that the tree will either die within three years or pose a significant threat of infecting other trees of the same or similar species;
(2) 
Damaged, in whole or part, to such an extent that either the tree is reasonably likely to die within three years; or
(3) 
Hazardous, in whole or part, to such an extent that it presents a significant danger to the general public.
Tree, park,
means trees in public parks and all areas owned by the city to which the public has access as a park.
Tree permit
means the official authorization by the city required to alter any protected tree not exempted by this article.
Tree preservation area
means an area identified on any plan approved by the city council denoting a significant tree stand which is to be preserved by a conservation easement during and after development of that property.
Tree protection sign
means a sign furnished by the city’s administrative official which sign describes prohibited conduct detrimental to trees.
Tree removal
means cutting, destroying, removing, moving, poisoning, banding, marking, or effectively destroying through damaging any tree four caliper inches or greater, regardless of species, situated on property regulated by the city’s zoning ordinance, without first obtaining a permit authorizing tree removal from the administrative official.
Tree removal authorization
means permission granted by an administrative official or the city council to remove protected trees in accordance with this article.
Tree, street,
means a protected tree located within or directly adjacent to a public right-of-way.
Tree survey
means a plan drawing that provides legend details about the location and details of trees and contains the information set forth in appendix A attached to the ordinance from which this article is derived, including but not limited to drawings by a licensed landscape architect, certified nurseryman, certified arborist, licensed engineer or licensed professional land surveyor.
Tree technical manual
means the manual that contains the text of this article and any graphic depictions, tables, or other illustrative material created and approved by the city council to illustrate the requirements of this article.
Tree topping
means the severe cutting back of branches to stubs larger than three caliper inches within the tree’s canopy to such a degree so as to remove the normal canopy and disfigure the tree.
Utility
means the service or product provided by a utility provider, including but not limited to the provision of gas, electric, water, wastewater, drainage, stormwater, telecommunications, cable or telephone service for users within the city.
Utility, city,
means the city’s public works department or city employee or entity employed on the behalf of the city providing a utility service.
Utility line
means a conduit, channel, ditch, tube, duct, hose, wire, box, pipe or similar conveyance device through which a utility is transported, provided or conveyed, excluding utility service lines. Channels, ditches, creeks, detention/retention ponds and other drainage improvements shall constitute a utility line for purposes of this article only to the extent that such improvement is required by the city or other public entity as an integral and necessary part of an approved drainage plan, is located so as to avoid, to the greatest extent practical, altering protected trees, and is approved by the administrative official. Ponds, channels, creeks or other bodies of water intended or created primarily for decorative, scenic or recreational purposes shall not constitute a utility line for purposes of this article, unless such improvement is required by the city engineer or by ordinance, even if such areas may serve some drainage purposes.
Utility provider
means a company or entity, or agent for a company or entity, including a municipality, that provides a utility service within the city.
Utility service line
means a conduit, channel, ditch, tube, duct, hose, wire, box, pipe or similar conveyance device through which a utility is transported, provided, or conveyed to a single lot or tract, to the extent that the conveyance device is located on that lot or tract.
Yard area
means the front, side and rear yard areas and the zoning district requirements applicable thereto.
(Ordinance 2009005, sec. 2, adopted 4/21/09; 2013 Code, sec. 58-2; Ordinance adopting 2021 Code)
(a) 
Applicability.
The terms and provisions of this article shall apply to real property as follows except as noted in section 4.08.004 (tree removal). All developments which have not submitted a preliminary plat/construction plan, site plan or building permit, whichever is applicable, as of the effective date of the ordinance from which this article is derived, shall be subject to the requirements for tree protection and replacement specified as follows:
(1) 
All vacant and undeveloped property.
(2) 
All property to be redeveloped, including additions and alterations.
(3) 
All easements and rights-of-way, except those included in a preliminary plat approved by the planning and zoning commission, shall meet the terms and provisions of this article.
(4) 
The yard areas of all developed property, excluding developed single-family residential property.
(b) 
Preservation of protected and significant or large trees.
(1) 
Protected trees shall be as designated by the administrative official.
(2) 
Significant or large trees 30 caliper inches (94.25 inches in circumference) or 20 caliper inches (62.83 inches in circumference) for post oaks and blackjack oaks can only be removed by permit approved by the parks, recreation, and clean city commission. The reduced caliper inches for post oaks and blackjack oaks is in recognition of the naturally occurring post oak savannahs within the Eastern Cross timbers zone. Preservation of a significant or large tree will be credited 1-1/2 times its caliper inches toward to any required tree replacement on the same site.
(3) 
Criteria for granting the permit will be one of the following conditions:
(A) 
Removal will be granted if an area 1-1/2 times the area of the specific tree’s caliper inches is retained on the same site. The 1-1/2 retention of existing trees shall be in excess of the tree replacement requirements on the site/tract;
(B) 
Removal will be granted if planting of new trees at five times greater in replacement inches than the removed significant tree;
(C) 
Payment into the tree reforestation fund of a fee as established by the city council, per caliper inch, based upon the total diameter of the specific tree; or
(D) 
The tree board approves a plan that mitigates the removal of the large tree.
(4) 
Replacement of any significant tree preserved and that dies within five years due to construction or development activities will be the responsibility of the original applicant. Replacement will be new trees with a minimum of three caliper inches each and equal to five times the lost replacement inches. Tree replacement will be guaranteed for a period of two years.
(Ordinance 2009005, sec. 3, adopted 4/21/09; 2013 Code, sec. 58-3; Ordinance adopting 2021 Code)
(a) 
Generally; authorization required.
(1) 
Authorization for removal of protected trees.
A tree removal authorization shall be required when protected trees are requested to be removed, except as allowed by subsection (b) of this section (removal procedures). No person, directly or indirectly, shall cut down, destroy, move or remove, or effectively destroy through damaging any protected tree situated on private or public property regulated by this article without first obtaining a tree removal authorization unless the conditions of subsection (b) of this section apply.
(2) 
Clear-cutting.
The clear-cutting of land as defined in this article is prohibited except as allowed by subsection (b) of this section (removal procedures).
(3) 
Selective thinning.
The removal of selected trees from within a densely forested area when done in a professionally accepted manner shall be allowed as a single permit upon approval by the administrative official. Approval will only be granted when the administrative official determines upon recommendation of a registered landscape architect or certified arborist that the selective thinning is being done in a manner that would enhance the environment and likelihood of survival for the remaining trees. Approved selective thinning may take place either before, during or after construction and shall be overseen by a registered landscape architect or certified arborist.
(b) 
Removal procedures; allowable tree removal.
(1) 
Allowable tree removal prior to issuance of building permit.
No protected trees shall be removed prior to issuance of a building permit unless one of the following conditions exists. The burden of proof as a qualified exception is upon the person removing the tree.
(A) 
Any protected tree located in a single-family residential subdivision with two lots or less, zoned and used as residential with a residential structure upon it, is exempted from these regulations. All other uses, e.g., vacant, commercial, institutional, or industrial, must comply with these regulations regardless of lot size.
(B) 
Any protected tree located within street rights-of-way or utility or drainage easements as shown on a preliminary plat approved by the planning and zoning commission. If certain trees outside the above areas or trees based partially outside the easement or right-of-way are requested to be removed to allow the operation of equipment, the applicant shall submit a recorded plat, and a site plan which indicates the exact operation area needed. The administrative official may approve selected [selective] removal under this condition.
(C) 
The protected tree is dying, dead, diseased, injured, in danger of falling, interferes with utility service, creates unsafe vision clearance or conflicts with other ordinances or regulations and immediate removal is required.
(D) 
Any protected tree that has disrupted a public utility service due to a tornado, storm, flood or other act of nature. Removal shall be limited to the portion of the tree reasonably necessary to reestablish and maintain reliable utility service.
(E) 
Landscape nurseries. All licensed plant or tree nurseries shall be exempt from the tree protection and replacement requirements and from the tree removal provision only in relation to those trees planted and growing on the premises of said licensee which are so planted and growing for the sale or intended sale to the general public in the ordinary course of said licensee’s business. This may also apply to a nursery established and so designated by a developer of a large project within the city, where trees are intended for landscaping future phases of such larger project.
(F) 
Any protected tree that is required to be removed in order to properly grade and drain the property as required on a final grading plan that is approved by the administrative official. If this option is utilized on any lot in a single-family residential district, a total of three replacement native trees per lot shall be required. These replacement trees will meet the minimum requirements of section 4.08.006(a) and shall be planted prior to the final building inspection. At least one of these trees shall be planted in the required front yard setback. Other types of development shall meet the current approved landscape regulations.
(G) 
The owner of property zoned agricultural and being actively used for agricultural purposes shall be exempt from this article.
(H) 
Utilities operating under a franchise agreement with the city are exempt from this article and are not required to make application for removal of protected trees provided that any trees removed under this exemption pose a direct hindrance to the utility’s ability to exercise its rights under the franchise to utilize city property rights-of-way and dedicated easements to provide safe, reliable service to its customers and that said trees are located in the aforementioned areas governed by the franchise agreement and removal of trees is directly linked to extending service to new customers.
(2) 
Allowable tree removal after issuance of building permit.
Upon issuance of a building permit, the developer shall be allowed to remove trees located in the approved buildable area of the property except as noted in subsection (b)(1) of this section. Trees located in required yard areas, buffers and open space area shall be maintained.
(c) 
Authorization review and approval process.
(1) 
Authority for review.
The administrative official shall be responsible for the review and approval of all requests for tree removal authorizations submitted in accordance with the requirements specified herein. Upon receipt of a completed application, the official reviewing the request for tree removal may take one of the following actions:
(A) 
Deferral of decision.
The administrative official may defer the approval of a tree removal authorization to the tree board for any reason. Any decision made by the tree board may be appealed to the city council. All decisions made by the city council shall be final.
(B) 
Approval.
The administrative official shall issue a tree removal authorization if it is determined that:
(i) 
The tree constitutes a hazard to life or property which cannot be reasonably mitigated without removing the tree;
(ii) 
The tree is dying, dead or diseased to the point that restoration is not practical; or
(iii) 
All reasonable efforts have been made to avoid removing the tree for the development and removal cannot be avoided.
(C) 
Refusal.
The administrative official shall deny a tree removal authorization application if it is determined that:
(i) 
Removal of the tree is not reasonably required in order to conduct anticipated activities; or
(ii) 
A reasonable accommodation can be made to preserve the tree.
(D) 
Appeal of decision.
Any decision made by the administrative official may be appealed to the tree board. Any decision made by the tree board may be appealed to the city council. All decisions made by the city council shall be final.
(E) 
Expiration of authorization.
Tree removal authorization issued in connection with an approved building permit or site plan shall be valid for the period of that building permit’s or site plan’s validity. A tree removal authorization not issued in connection with an approved building permit or a site plan shall become void 180 days after the date of the approval.
(F) 
Fees.
The applicant shall submit, with an application for a tree removal authorization, payment of a fee to the city in the amount specified by the city council in a fee schedule, with the following exceptions:
(i) 
When altering any protected tree, the city is exempt from the tree permit fee, but must obtain a permit and comply with all tree replacement and tree protection procedures. Protected trees proposed to be altered must be shown on construction plans approved by the administrative official.
(ii) 
When altering any protected tree, a public utility is exempt from the tree permit fee, but must obtain a permit and comply with all tree replacement and tree protection procedures. Protected trees proposed to be altered must be shown on construction plans approved by the administrative official.
(2) 
Application for authorization.
(A) 
Generally.
A request for tree removal authorization must be submitted and approved prior to the removal of any protected tree in the city unless the tree is exempt under a provision of this article.
(B) 
Payment of fee; incomplete information.
The administrative official shall have no obligation to review an application for a tree permit until all required information has been submitted and the applicable fee, if any, has been paid. If any required information or fee has been omitted, the administrative official shall notify the applicant of that fact, following permit filing procedures described in Texas Local Government Code section 245.002.
(C) 
Application unrelated to development.
An application for a request for tree removal authorization that is unrelated to development shall include the following information:
(i) 
The name, address and telephone number of those persons or entities who own the property and those persons or entities seeking the permit;
(ii) 
The address, existing use, and zoning of the property;
(iii) 
A detailed written statement stating the reasons for the requested alteration, including citation to any relevant provision of this article that may authorize the alteration and including the following:
a. 
The amount of land to be disturbed, if any;
b. 
The method and equipment to be used; and
c. 
The dates the proposed alteration would take place;
(iv) 
A legible diagram or map indicating the following for the area reasonably likely to be affected if the permit is issued:
a. 
Location of all existing structures, improvements, streets or rights-of-way, property lines, setbacks and yard requirements;
b. 
Location of all existing utility lines, utility service lines and easements;
c. 
The common and botanical name, size and location of all trees specifically designated by number; and
(v) 
Such additional information as the administrative official may reasonably require given the particular characteristics of the property.
(D) 
Tree conservation plan for application related to development.
The application shall be made by the property owner in conjunction with a registered landscape architect, certified nurseryman, certified arborist, certified forester, registered engineer or registered professional land surveyor, who will provide a stamped, sealed tree survey. A graphic exhibit shall be attached showing at least the following items:
(i) 
Appropriate title (i.e., tree removal authorization exhibit);
(ii) 
Title block including street address, lot and block, subdivision name, city and date of preparation;
(iii) 
North arrow and graphic and written scale in close proximity;
(iv) 
Scale at a size no larger than one inch equals 200 feet (i.e., one inch equals 100 feet is also permitted);
(v) 
Name, address and phone number of the owners and persons preparing the exhibit;
(vi) 
Location of all right-of-way lines and public easements;
(vii) 
Location of all buildings, structures, pools, parking, and other improvements which are existing or intended on the lot;
(viii) 
Areas of proposed cut/fill as required per city requirements with amount of each shown (graphically different than subsection (c)(2)(C)(iv) of this section) and the drainage flow line, if applicable;
(ix) 
Areas of proposed cut/fill not required per city requirements with amount of each shown (graphically different than subsection (c)(2)(C)(iv) of this section) and the drainage flow line, if applicable;
(x) 
Existing and proposed spot elevations, grades and major contours, along with existing landscaping, streams, ponds and major natural features;
(xi) 
Limits of construction line shown, if applicable;
(xii) 
Location of all protected trees and thicket boundaries that are not exempted by subsection (b)(1) of this section within 50 feet of any construction areas that are to remain, with a description of the size and types of trees; such trees shall be designated by a circle;
(xiii) 
The location of all protected trees that are not exempted by subsection (b)(1) of this section which are to be removed; such trees shall be designated by a triangle;
(xiv) 
Note on the graphic exhibit the caliper size (as measured 4-1/2 feet from the ground), and the Latin and common name of trees to be removed; and
(xv) 
Location of any required replacement trees shown with caliper size and common name of the tree found from the list of approved trees as noted in section 4.08.012.
(E) 
Alternative tree conservation plan for application related to development.
A detailed tree survey shall not be required for areas on the plan designated as tree preservation areas. These are areas identified on any plan approved by the city council denoting a significant tree stand which is to be preserved during and after development of that property through the designation and filing of a permanent conservation easement. For other treed areas located within the same site that will be impacted by development activity, the applicant shall provide a tree survey, a graphic exhibit, and meet all other application requirements of subsection (c)(2)(C) [(c)(2)(D)] of this section, for a tree conservation plan.
These requirements may be modified by the administrative official as needed to administer this article. Use of aerial photography may be allowed if it includes all of the items set forth in this section on a transparency at the same scale as the photo.
(Ordinance 2009005, sec. 4, adopted 4/21/09; 2013 Code, sec. 58-4)
A 30 percent tree canopy requirement through preservation and/or planting will apply to any well sites not adjacent to protected uses within the city limits. A 40 percent tree canopy requirement through preservation and/or planting will apply to any well sites adjacent to protected uses within the city limits. The following requirements apply to both types of gas well sites:
(1) 
A minimum retention of 25 percent of the existing trees will be required unless removal is necessary for location of equipment as determined by the gas inspector.
(2) 
No more than 25 percent of the same species may be planted at one site, and trees shall be selected from section 4.08.012 (preferred tree replacement list).
(3) 
A minimum of 25 percent of the planted trees must be evergreen species.
(4) 
A minimum of 75 percent of the planted trees must be located between the gas well site and protected uses or public ways. An administrative waiver of the 75 percent placement can be approved by the administrative official with proof that the proposed planting will screen the negative views into the well site from the protected uses, or evidence is provided that placement of trees would be detrimental to necessary truck traffic and/or location of equipment.
(5) 
Replacement and/or planted trees shall be located on the subject site whenever possible. However, if this is not feasible, the administrative official has the authority to allow the planting to take place on another property.
(6) 
All planted trees that die within two years of the date for project completion will be replaced by another replacement tree. The replacement tree carries the same two-year replacement requirement. A replacement of any tree that dies within two years of planting will be replaced by the gas well operator or agent and a new two-year guarantee will begin at the time of replacement.
(Ordinance 2009005, sec. 5, adopted 4/21/09; 2013 Code, sec. 58-5)
(a) 
Generally.
If a tree removal authorization is granted, the applicant shall replace the protected trees being removed with large canopy trees listed in section 4.08.012, table A (list of preferred trees), which shall be a minimum of three caliper inches measured six inches from the ground and a minimum of seven feet in height when planted. A sufficient number of trees shall be planted so that the total caliper of the replacement trees is equal to the caliper of the trees removed as measured 4-1/2 feet high on the trunk. The replacement trees shall be noted either on the required landscape plan for all non-single-family developments or on the plot plan submitted with the building permit application for single-family developments. If the location of the removed trees will be within 25 feet of utility lines, then replacement trees shall be selected from section 4.08.012, table B. If areas of the site are determined to be unsuitable for large canopy trees, due to height or spacing requirements, medium or small canopy trees may be selected from section 4.08.012, table A (list of preferred trees) upon recommendation of a landscape architect or certified arborist or forester. All planted trees that die within two years of the date for project completion will be replaced by another replacement tree. The replacement tree carries the same two-year replacement requirement.
(b) 
Location of replacement trees; time of planting.
Replacement trees shall be located on the subject site whenever possible. However, if this is not feasible, the administrative official has the authority to allow the planting to take place on another property. Such replacement shall occur at the time of landscaping of newly developed property or in the event or removal or death of a tree after the property has been developed, except for developed single-family residential development. Single-family residential lots that have been finalized are exempt from replacing required replacement trees.
(c) 
Reforestation fund.
If approved by the administrative official, the parks, recreation, and clean city commission or the city council, the applicant, in lieu of compliance with this article, may make a payment into the reforestation fund, which shall be a special account administered by the parks, recreation, and clean city commission. The funds shall be used only for purchasing, planting and maintaining trees on public property, or for acquiring and preserving wooded property. The amount of payment required shall be calculated based on an average of three current market prices for the cost of acquiring, planting and maintaining a tree equal in caliper to the trees to be removed for a period of one year. Two prices will be provided by the applicant and the city will provide one price.
(Ordinance 2009005, sec. 6, adopted 4/21/09; 2013 Code, sec. 58-6; Ordinance adopting 2021 Code)
(a) 
Requirements prior to construction.
The following procedures shall be followed on all types of construction projects (i.e., residential subdivisions, commercial, multi-family, industrial developments, residential buildings and municipal/public). It is the responsibility of the developer and his subcontractors to take the appropriate action to preserve all protected trees and significant trees during all phases of construction or any development activities. Development activities include vegetation removal, grading, installation of utilities and/or construction of structures and site amenities.
(1) 
Tree flagging.
All protected trees that are to remain on the subject property within 50 feet of any area of development activity where vehicles, materials and/or equipment are moved, placed, transported or stored shall be flagged with bright fluorescent orange vinyl tape wrapped around the main trunk at a height of four feet or more, such that the tape is very visible to workers operating construction equipment.
(2) 
Area of protective measures.
Protective measures must occur on all trees located within 50 feet of development activities, the measurement to be taken from the critical root zone radius boundary.
(3) 
Open space flagging.
All trees or groups of trees within areas intended to be saved as open space shall be enclosed with fluorescent orange tape along all areas of possible access or intrusion by construction equipment. Tape shall be supported at a minimum of 25-foot intervals by wrapping trees or utilizing another approved method. Single incident access for the purposes of clearing underbrush is allowed.
(4) 
Protective fencing.
In those situations where a protected tree is so close to the construction area that construction equipment will infringe on the critical root zone, a system of protective fencing shall be required between the tree and the construction activity. 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.
(5) 
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 two-inch by four-inch lumber encircled with wire or other means that do not damage the tree. This will protect the bark of the tree against incidental contact by large construction equipment.
(b) 
Prohibited activities adjacent to trees.
The following activities shall be prohibited within the limits of the drip line of any protected tree subject to the requirements of this article:
(1) 
Materials storage.
No materials intended for use in construction or waste materials accumulated due to excavation or demolition shall be placed within the limits of the critical root zone of any protected tree.
(2) 
Equipment cleaning; disposal of liquids.
No equipment shall be cleaned or other materials or liquids deposited or allowed to flow over land within the limits of the critical root zone of a protected tree. This includes, without limitation, paint, oil, solvents, asphalt, concrete, mortar or similar materials.
(3) 
Tree attachments.
No signs, wires or other attachments other than those of a protective nature shall be attached to any protected tree.
(4) 
Vehicular traffic.
No vehicular and/or construction and heavy equipment traffic or parking, including but not limited to trucks, tractors, trailers, bulldozers, bobcat tractors, trenchers, compressors and hoists, shall take place within the limits of the critical root zone of any protected tree other than on an existing paved street or parking lot.
(5) 
Grade changes.
No grade changes in excess of two inches (cut or fill) shall be allowed within the limits of the critical root zone of any protected tree without submission of a certified arborist/forester report dealing with protections and the report accepted by the administrative official.
(6) 
Boring.
Boring of utilities under the critical root zone of a protected tree shall be required in those circumstances where it is not possible to trench around the critical root zone of the protected tree. When required, the bore shall be a minimum depth of 48 inches.
(7) 
Trenching.
No trenching shall cross the critical root zone of any protected tree, unless approved in writing by the administrative official or exempted from the application of this article.
(8) 
Impervious paving.
No paving with asphalt, concrete or other impervious materials in a manner which may reasonably be expected to kill a tree shall be placed within the limits of the critical root zone of a protected tree except as otherwise allowed in this article.
(c) 
Preserved tree criteria.
A protected tree shall be considered preserved only if a minimum of 75 percent of the area of the critical root zone is maintained at undisturbed natural grade and no more than 25 percent of the canopy is removed due to building encroachment.
(Ordinance 2009005, sec. 7, adopted 4/21/09; 2013 Code, sec. 58-7)
(a) 
All commercial properties shall provide trees at a ratio of ten trees per acre (43,560 square feet) or one tree per 4,356 square feet of the gross lot area.
(b) 
All new trees planted to satisfy the tree standards must be a minimum of three caliper inches at six inches above soil level.
(c) 
At the discretion of the city, and at the request of the property owner, the ten trees per acre may be satisfied by planting trees elsewhere in the city at the direction of the administrative official.
(d) 
See section 4.08.012 for a suggested species list that may be used to meet the requirements of this section. No trees with a maximum mature height of 25 feet or greater may be planted within 25 feet (measured horizontally) from the nearest overhead utility line. Section 4.08.012, table B, lists trees that may be planted near or under power lines.
(Ordinance 2009005, sec. 8, adopted 4/21/09; 2013 Code, sec. 58-8)
(a) 
Generally.
Normal pruning required to promote tree health and vitality is permitted. No protected tree shall be pruned in a manner which would reasonably lead to the death of the tree.
(b) 
Required pruning of trees adjacent to right-of-way.
The owners of any tree adjacent to a public right-of-way shall be required to maintain a minimum clearance of 14 feet above the traveled surface or curb of a public street or open space trail. The city shall also have the right to prune trees overhanging the public right-of-way as necessary to preserve the public safety.
(c) 
Pruning of protected trees.
The administrative official may approve pruning of a protected tree in cases where protected trees must be strategically pruned to allow construction or demolition of a structure. When allowed, all pruning shall be in accordance with section 4.08.004(a)(1), approved arboricultural techniques, and the recommendations of section 4.08.013. This section is not intended to require a tree removal authorization for reasonable pruning performed or contracted to be performed by the owner of the tree when unrelated to construction activity.
(d) 
Tree topping.
It shall be unlawful as a normal practice for any person, firm or city department to top any tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this article at the determination of the administrative official.
(Ordinance 2009005, sec. 9, adopted 4/21/09; 2013 Code, sec. 58-9)
(a) 
Interference with overhead utility lines.
Replacement trees shall not be planted in a location where the natural canopy of the tree will interfere with overhead utility lines. Replacement trees for locations near utility lines shall be selected from section 4.08.012, table B.
(b) 
Interference with underground utility lines, fire hydrants or surface utilities.
Any required replacement trees or street trees shall not be planted within an area such that the mature root zone of the tree will interfere with underground public utility lines, including water lines, sewer lines, transmission lines or other utilities. No trees shall be planted within ten feet of a fire hydrant and surface utilities such as pad-mounted transformers and gas meters.
(c) 
Visibility triangle.
No trees shall be planted in the visibility triangle as designated for traffic safety.
(d) 
Parkway trees.
City approval shall be obtained prior to planting any tree in the city’s right-of-way (parkway). Such plantings shall comply with subsections (a), (b) and (c) of this section.
(Ordinance 2009005, sec. 10, adopted 4/21/09; 2013 Code, sec. 58-10)
(a) 
Developer’s agreement.
All developer’s agreements shall state that all construction activities shall meet the requirements of this article.
(b) 
Construction permits for site work.
Prior to issuance of a permit to do any site work, including grading, a tree survey of the development shall be submitted to the administrative official.
(c) 
Building permits.
No building permit shall be issued unless the applicant signs a statement that binds the applicant to ensuring that all construction activities shall meet the requirements of this article.
(d) 
Acceptance of improvements.
No acceptance of public improvements shall be authorized until all fines for violations of this article have been paid to the city or otherwise disposed of through the municipal court.
(e) 
Certificates of occupancy.
No certificate of occupancy shall be issued until all fines for violations of this article have been paid to the city or otherwise disposed of through the municipal court.
(f) 
Penalties; additional remedies.
(1) 
Authority.
The administrative official shall have the authority to enforce the provisions of this article.
(2) 
Administrative penalty.
(A) 
Any person, firm, corporation, agent or employee thereof who violates, disobeys, omits, neglects or refuses to comply with or who interferes with the enforcement of any provision of this article shall be assessed an administrative penalty as follows:
(i) 
$200.00 per caliper inch of protected trees removed or damaged without a valid tree removal permit;
(ii) 
$400.00 per caliper inch of significant trees removed or damaged with a valid tree removal permit.
(B) 
Appeal of the administrative official’s determination of the administrative penalty may be appealed to the tree board, within ten days of the determination, but [by] notice of written appeal submitted to the city secretary, outlining the nature and scope of the dispute. Any party aggrieved of the decision of the tree board may appeal the decision to the city council within ten days of the tree board’s order on an administrative penalty by filing written notice of appeal to the city secretary. The decision of the city council shall be final.
(3) 
Criminal penalty.
Any person violating or failing to comply with any provision or requirement of this article shall also be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in accordance with the general penalty provided in section 1.01.009 of this code. A separate offense shall be deemed committed upon each day during or on which a violation or failure to comply occurs or continues to occur, and be guilty of a misdemeanor, and upon final conviction thereof shall be fined in accordance with the general penalty provided in section 1.01.009 of this code for removal or damage of each tree. The unlawful injury, destruction or removal of each protected tree shall be considered a separate incident. In addition, all violations shall be required to meet the requirements of section 4.08.006 (tree replacement). Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this article.
(4) 
Additional relief.
Nothing herein shall preclude the city from pursuing any remedies and relief permitted by applicable law.
(5) 
Interference with enforcement.
A person commits an offense if the person interferes with or obstructs the enforcement of this article.
(Ordinance 2009005, sec. 11, adopted 4/21/09; 2013 Code, sec. 58-11; Ordinance adopting 2021 Code)
Trees not listed may be approved for use at the discretion of the administrative official or his designee, if recommended by a registered landscape architect, certified arborist, licensed surveyor or engineer. The first list, in table A, is the approved tree replacement list, as follows:
TABLE A. APPROVED TREE REPLACEMENT LIST
Common Name
Scientific Name
Large Canopy Trees
Pecan# (native)
Carya illinoinensis
Deodar cedar (evergreen)
Cedrus deodara
Green ash (native)
Fraxinus pennsylvanica
Southern magnolia# (evergreen)
Magnolia grandiflora
Bur oak* (native)
Quercus macrocarpa
Chinquapin oak (native)
Quercus muhlenbergii
Shumard oak# (native)
Quercus shumardii
Texas red oak (native)
Quercus buckleyii
Live oak* (evergreen, native)
Quercus virginiana
American elm
Ulmus americana
Cedar elm* (native)
Ulmus crassifolia
Lacebark elm
Ulmus parvifolia
Post oak (native)
Quercus stellata
Blackjack oak (native)
Quercus marilandica
Medium Canopy Trees
Caddo maple*
Acer barbatum var. Caddo
Bigtooth maple*
Acer grandidentatum
Common persimmon
Diospyros virginiana
Texas ash (native)
Fraxinus texensis
Ginkgo
Ginkgo biloba
Kentucky coffeetree
Gymnocladus dioicus
Eastern red cedar* (native)
Juniperus virginiana
Golden raintree
Koelreuteria paniculata
Eldarica (Afghan) pine* (evergreen)
Pinus eldarica
Italian stone pine (evergreen)
Pinus pinea
Chinese pistache*
Pistacia chinensis
Honey mesquite*
Prosopis glandulosa
Blackjack oak*
Quercus marilandica
Monterrey (Mexican white) oak*
Quercus polymorpha
Western soapberry* (native)
Sapindus drummondii
Pond cypress
Taxodium ascendens
Bald cypress*
Taxodium distichum
Chittamwood* (native)
Bumelia languinosa
Small Canopy Trees
Japanese maple#
Acer palmatum
Common buttonbush
Cephalanthus occidentalis
Redbud* (native)
Cercis canadensis
Desert willow*
Chilopsis linearis
Rough-leaf dogwood#
Cornus drummondii
Texas persimmon*
Diospyros texana
Carolina buckthorn# (native)
Frangula caroliniana
Yaupon holly* (native)
Ilex vomitoria
Deciduous holly
Ilex decidua
Crepe myrtle*
Lagerstroemia indica
White shin oak*
Quercus inuate var. Breviloba
Flameleaf sumac*
Rhus lanceolata
Eve’s necklace* (native)
Sophora affinis
Mexican buckeye* (native)
Ungnadia speciosa
Rusty blackhaw
Viburnum rufidulum
Bigelow oak* (native)
Quercus sinuata
Mesquite (native)
Prosopis glandulosa
* Drought tolerant species.
# Not recommended for parking lots or high heat areas.
TABLE B. COMPATIBLE TREES NEAR POWER LINES
Common Name
Scientific Name
Carolina cherry laurel
Prunus caroliniana
Dwarf crepe myrtle
Lagerstroemia indica var.
Flowering dogwood
Cornus florida
Japanese maple
Acer palmatum var.
Mesquite
Prosopis glandulosa
Mexican buckeye
Ungnadia speciosa
Mexican plum
Prunus mexicana
Possumhaw
Ilex decidua
Sumac
Rhus spp.
Texas mountain laurel
Sophora secundiflora
Texas persimmon
Diospyros texana
Texas redbud
Cercis canadensis
Vitex
Vitex angus-castus
Waxmyrtle
Myrica cerifera
Yaupon holly
Ilex vomitoria
(Ordinance 2009005, sec. 12, adopted 4/21/09; 2013 Code, sec. 58-12)
The following recommendations apply to tree pruning:
(1) 
When removing a branch always cut outside the branch bark ridge and collar. Do not make a flush cut.
(2) 
Branches that do not have a distinct collar should be cut at a right angle to the branch outside the branch bark ridge.
(3) 
Trees may have co-dominant stems. If a co-dominant stem must be removed, cut at an angle outside of the bark ridge. Avoid leaving any stub.
(4) 
When removing heavy limbs, first make an undercut several inches outside of the collar. Then remove the limb by a second cut an inch or so outside of the first cut. Remove the stub with a third cut just outside of the collar.
(Ordinance 2009005, sec. 13, adopted 4/21/09; 2013 Code, sec. 58-13)
(a) 
A person who has applied for approval of a preliminary plat, development plan, concept plan or site plan before the effective date of this article shall not be required to comply with the requirements imposed by this article unless one of the following occurs:
(1) 
An application for preliminary plat approval for the project being developed was filed before (date), 2009 and expires without a final plat being approved on or before the second anniversary of the date of approval of the preliminary plat; or if a final plat is approved on a portion of the property, the remaining property included within the plat expires without a final plat being approved on or before the first anniversary of the date of approval of a portion of the preliminary plat;
(2) 
The project being developed was initiated by a preliminary plat application filed on or after (date), 2009, but no progress has been made on the project before the second anniversary of the date of the application. For purposes of this section, the term “progress” has the meaning described in Texas Local Government Code section 245.005; or
(3) 
The project is abandoned or significantly altered such that it is a new project. For purposes of this article, a project shall be deemed to be abandoned or altered in the event the applicant files an application for approval of another permit for the property for which a project is pending and the permit sought is for different uses or for a different configuration of the property.
(b) 
Should the conditions in any subsection set forth in this section be met, or should the applicant request, the provisions of this article shall be controlling and shall apply to the applicant’s project.
(Ordinance 2009005, sec. 16, adopted 4/21/09; 2013 Code, sec. 58-14)