The following words, terms and phrases, when used in this article, will have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Commercial timber harvesting activities
means all forest management activities, including intermediate cuttings, the harvesting of timber, the transport of logs and construction of forest roads. “Commercial timber harvesting activities” specifically does not include:
(1) 
The clearing or cutting of trees by any landowner on his own residence if less than two acres;
(2) 
The hiring of a tree service by a landowner for the purpose of thinning or removing trees on his own residence, if less than two acres;
(3) 
The maintenance of high line easements; or
(4) 
The cutting or clearing of trees from platted and dedicated streets in a commercial or residential subdivision;
however, it does include the clearing or cutting of trees by a landowner on his own residence in excess of two acres, or on any non-homestead or nonresidential property.
Location
means the actual site upon which commercial timber harvesting activities are conducted.
Permittee
means the person to whom is issued a permit for the conduct of commercial timber harvesting activities.
Person
means any individual, agent, employee, firm, representative, partnership, association, corporation, cooperative trust, limited liability company, limited liability partnership or limited partnership.
(Ordinance 239, sec. 1, adopted 9/13/05)
It will be unlawful for any person to conduct commercial timber harvesting activities in the city limits without providing the city secretary a copy of an insurance policy for liability for bodily injury or death during the conduct of its commercial timber activities, in the amount of $1,000,000.00 per occurrence, and for property damage in the amount of $250,000.00 per occurrence. Any such policy of insurance will be issued by an insurance company qualified to do business in the state.
(Ordinance 239, sec. 2, adopted 9/13/05)
It will be unlawful for any person to engage in commercial timber harvesting activities within 50 feet of any street, road, highway, public or private school or college, any publicly owned park or playground, any sports facility, or any residential building occupied by an individual.
(Ordinance 239, sec. 3, adopted 9/13/05)
(a) 
It will be unlawful for any person to use any part of any property or land located within the city limits or any part of any street, alley, park, avenue, lane or highway within the city unless such person has complied with the provisions of this article and obtained a permit to conduct commercial timber harvesting activities.
(b) 
Any person desiring to conduct commercial timber harvesting activities will apply to the building official for a permit. Such application will set forth in writing the following facts:
(1) 
The date of the application.
(2) 
The name and federal tax identification number of the applicant.
(3) 
The address of the applicant.
(4) 
The proposed site of the commercial timber activities, including the name of the owner of the land and a brief description of the land.
(5) 
A scaled drawing of the land upon which the commercial timber activities are to be conducted.
(6) 
A copy of the applicant’s insurance policy provided for in this article.
(7) 
Any bond or other security required by the city council.
(8) 
A nonrefundable application fee in the amount set forth in the fee schedule in appendix A of this code.
(9) 
A refundable cleanup fee in the amount set forth in the fee schedule in appendix A of this code.
(10) 
A list of license plate numbers and the color of the equipment to be used on the job site.
(11) 
A list of business references.
(12) 
Social security numbers of the applicant.
(13) 
The current driver’s license number of the applicant.
(14) 
A cleanup schedule.
(c) 
When the applicant for a commercial timber permit has complied with the provisions of this article, the building official will furnish the permittee a printed form of the permit, which will be in the nature of a contract or franchise from the city of the applicant.
(d) 
Full power and authority for the granting or refusal of a permit will be vested in the building official. If the building official refuses to grant a permit, an applicant will have the right to appeal to the city council.
(Ordinance 239, sec. 4, adopted 9/13/05; Ordinance adopting 2017 Code)
If the commercial timber activities are not begun within 60 days after the granting of the permit, the permit will become null and void. The permit may be extended for an additional period of time, up to 60 days, by the building official, upon application, without an additional fee.
(Ordinance 239, sec. 5, adopted 9/13/05)
The building official may revoke any permit issued pursuant to this article upon finding that any provision of this article is being violated by the permittee. If a permit is revoked, the permittee may make direct application to the city council for the reissuing of such permit, but any finding by the council will be final.
(Ordinance 239, sec. 6, adopted 9/13/05)
A permittee under this article will repair any and all damages done to any fences and will not cut any witness or line trees. The permittee will not leave personal debris on the location; will clear all debris and treetops from the location; and will grade, level and restore the property to the reasonably same surface condition as nearly as practicable. The permittee assumes the responsibility for the prevention and suppression of any forest fire in the area resulting from the permittee’s commercial timber activities. The permittee will specifically immediately clean up and repair any damages caused by a break of any oil or gas pipeline and will return the site of any spill to its original condition. The permittee will be responsible for any damages to utility lines owned by the city and must call for a line location before any timber is cut.
(Ordinance 239, sec. 8, adopted 9/13/05)
Upon the cessation of operation and application to the building official, together with a statement that the permittee has complied with all of the provisions of this article, and upon the inspection of the location and of the city streets used by the permittee, the building official will deduct any costs required to put the permittee in compliance with this article and return any unused portion of any bond to the permittee.
(Ordinance 239, sec. 9, adopted 9/13/05)
The building official may enter upon any property or premises to perform any duties imposed upon him by this article.
(Ordinance 239, sec. 10, adopted 9/13/05)
The permittee, by the obtaining of a permit required by this article, agrees to waive any causes of action it may have against the city and will further hold the city, its officers, employees and citizens harmless from any and all claims, demands, actions or causes of action, including attorneys’ fees and expenses, for the death of any person, including the permittee’s employees, contractors or subcontractors, or damage to the property of any person, due in any manner to the operations of the permittee.
(Ordinance 239, sec. 11, adopted 9/13/05)
(a) 
Any person who is aggrieved by the application of any term of this article may appeal the application of such terms to the city council. After a hearing thereon, the council may vary the application of any provision of this article to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this article or the public interest.
(b) 
A decision of the city council to vary the application of any provision of this article will specify in what manner such variation is to be made, the conditions upon which it is to be made, and the reasons therefor.
(Ordinance 239, sec. 12, adopted 9/13/05)
In all of its activities, a permittee under this article will conduct all of its operations in a reasonable and workmanlike manner and in strict conformance with the provisions of this article and the Texas Best Management Practices for Silviculture set out in the current edition published by the state forestry association, which publication is adopted and incorporated in this article by reference for all purposes; however, in the event of conflict between the provisions of this article and the best management practices standards, the more stringent of the two shall apply.
(Ordinance 239, sec. 13, adopted 9/13/05)