City of Rockport, TX: Tree preservation and mitigation.

The purpose of this section is to conserve, protect and enhance existing healthy trees and natural landscape. It is recognized that the preservation of existing trees contributes to the overall quality and environment of the City. Trees can and do contribute to the processes of purification, oxygenation, regeneration, groundwater recharge, reduction of pollution and contaminants in aquifers, erosion and dust control, abatement of noise, provision of wildlife habitat and enhancement property values. Indiscriminate clearing or stripping of natural vegetation on any parcel is prohibited.

It is hereby declared the intent of the City to encourage the preservation of all trees within the City limits. While the layout of a property with respect to the placement of buildings, parking facilities and other site requirements is at the discretion of the developer of the property, it is the policy of the City to promote site layout and design in a manner which preserves the maximum amount of Protected Class, Century Class, Heritage Class, and Windswept Live Oak trees possible.

(b)

Applicability and exemptions.

The provisions of this section are applicable to the following:

All new residential and nonresidential development within the City;

Redevelopment of any residential or nonresidential property within the City that results in an increase in the building footprint or the total destruction and reconstruction;

Any grading, filling or clearing of land in the City limits; and

Any selective or individual removal of any Protected Class Trees, Century Class Trees, Heritage Class Trees, and Windswept Oak Trees in the City limits.

The following definitions shall be applicable to the provisions of this section:

Century class trees.

Trees having a DBH greater than or equal to twenty-four inches (24") and less than forty-eight inches (48") are designated as "Century Class Trees".

Heritage class trees.

Trees having a DBH greater than or equal to forty-eight inches (48") are designated as "Heritage Class Trees".

Protected class trees.

Trees having a DBH (diameter at breast height measured four-and one-half feet above existing ground level) between eight inches (8") and less than twenty-four inches (24") are designated as "Protected Class Trees".

Windswept oak trees.

Any Live Oak tree whose crown shows a definite south-east to north-west influence as a result of Rockport's prevailing southeasterly wind.

The following are exempt from the preservation and mitigation requirements of this section:

Protected Class Trees located within the area of a proposed on-site sewage facility (OSSF). A waiver to mitigation for Century Class Trees and Heritage Class Trees may be requested;

Protected Class, Century Class Trees and Heritage Class Trees located within a right-of-way to be dedicated to and maintained by the City and shown on the City's Master Thoroughfare Plan;

Protected Class Trees located within any utility easement. Protected Class Trees located within any utility easement are exempt from preservation requirements only. A waiver to mitigation for Century Class Trees and Heritage Class Trees may be requested;

Protected Class, Century Class, Heritage Class, and Windswept Oak trees damaged or destroyed by floods, fire, wind or other natural causes;

Dangerous, diseased, damaged, dead or dying Protected Class, Century Class, Heritage Class, and Windswept Oak trees as determined by a certified Texas Arborist;

Protected Class, Century Class, Heritage Class, and Windswept Oak trees that are less than 10" in diameter at the point on the trunk 4.5' above the ground located on property that has an existing one-family or two-family dwelling that is occupied;

Protected Class trees of a species listed in Table 106-D.8 Plant Species list - Invasive Species. (Section 106-35). A waiver to mitigation for Century Class, and Heritage Class trees may be requested;

Protected Class, Century Class, and Heritage Class trees of the following tree species are exempt:

Hackberry (Celtis occidentalis)

Eastern Red Cedar (Juniperus virginiana)

Common Ashe Juniper (Juniperis ashei)

Chinaberry (Melia azedarach)

Mesquite (Prosopis spp.)

Ligustrum (Ligustrum spp.)

(c)

Tree Preservation.

The existing natural landscape character shall be preserved to the maximum extent reasonable and feasible. Except as otherwise exempted in Subsection (b)(3) above, a Tree Removal Permit is required for the removal of any tree with a DBH of eight inches (8") or greater.

Protected trees.

Any Protected Trees not exempt from preservation in Subsection (b)(3) above may be removed upon approval of a Tree Removal Permit by the City Manager or his/her designee.

Century trees.

Any Century Trees not exempt from preservation in Subsection (b)(3) above may be removed upon approval of a Tree Removal Permit by the City Manager or his/her designee.

Heritage trees.

Any Heritage Trees not exempt from preservation in Subsection (b)(3) above may be removed upon approval of a Tree Removal Permit by the City Manager or his/her designee.

(4)

Minimum preservation.

In the development of any site, at least twenty-five percent (25%) of all non-exempt Protected Class, Century Class, and Heritage Class trees must be preserved. A waiver to the 25% preservation requirement may be requested.

(d)

Tree mitigation.

Any non-exempt Protected Class, Century Class, or Heritage Class trees that are removed or damaged, shall be mitigated for on the same site as the proposed development. All trees planted for mitigation purposes must be a species of shade tree identified in table 106-15.d.7: Plant species list - Shade Trees. In the event that mitigation is not feasible on the same site as the proposed development, an applicant may request to donate trees, meeting the mitigation requirements of this section, to be planted at public parks, schools, or other approved public facilities throughout the City or pay a fee-in-lieu. Approval of requests to donate trees or pay a fee-in-lieu are at the discretion of the City Manager or his/her designee. Mitigation requirements are:

Protected class trees.

Protected trees shall be mitigated at a one-to-one (1:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of two- and one-half inches (2.5").

Century class trees.

Century Class trees shall be mitigated at a three-to-one (3:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of two- and one-half inches (2.5").

Heritage class trees.

Heritage Oak trees shall be mitigated at a five-to-one (5:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of two- and one-half inches (2.5").

(4)

Windswept Oak Trees shall be mitigated at a five-to-one (5:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of two- and one-half inches (2.5").

(5)

Damaged trees.

Any trees that are designated for preservation and are damaged during the construction process or that die within two years of issuance of a certificate of occupancy shall be mitigated for in accordance with subsection 106-15.d.1, d.2, d.3, and d.4 above.

(6)

Mitigated trees.

Trees planted and counted towards the necessary mitigation requirements that are damaged after planting or that die within two years of issuance of a certificate of occupancy shall be mitigated for at a one-to-one (1:1) DBH inch ratio for every tree damaged or that dies.

Table 106-15.d.7: Plant species list—SHADE TREES
SCIENTIFIC NAME	COMMON NAME
Quercus macrocarpa	Bur Oak (H, N)
Quercus virginiana	Live Oak (H, N)
Quercus laceyi	Lacey Oak
Taxodium distichum	Bald Cypress (W)
Taxodium mucronatum	Montezuma Bald Cypress (W)
Ulmus americana	American Elm
Ulmus crassifolia	Cedar Elm (N)
Pithecellobium flexicaule	Texas Ebony (F, H, N)
Araucaria heterophylla	Norfolk Island Pine (F)
Pinus thunbergia	Japanese Black Pine
Ehretia anacua	Anaqua (N, H)
Parkinsonia aculeate	Retama (H, N)

(e)

Tree protection standards.

All trees to be preserved on site shall be protected from damage caused by site excavation or construction in accordance with the following:

All trees shall be protected by a fence, frame or box constructed around the drip line of the preserved tree. Protection measures may not be removed until construction is complete.

A minimum of three inches (3") of mulch or compost shall be spread beneath the drip line of the preserved tree.

No person shall excavate any ditches, tunnels, or trenches, place any paving material or place any drive or parking area within the drip line of any Protected Class, Century Class, Heritage Class, and Windswept Oak Tree without prior written approval of the City Manager or his/her designee.

No person shall attach any rope, wire, nails, advertising posters or other contrivance to any Protected Class, Century Class, Heritage Class, and Windswept Oak Tree.

Windswept Live Oak tree protection.

Windswept Live Oak trees are considered a special natural resource unique to this area, shaped and created by forces of nature, and are irreplaceable. Windswept Live Oak trees provide character and beauty to the community, and special preservation of such trees benefits the community. Windswept Live Oak trees not exempted by Subsection (b)(3) above may only be removed if:

It is demonstrated by clear and convincing evidence that the applicant's stated reasons for removal exist in fact and the removal is imminently necessary to accomplish the applicant's stated reason(s).

A reasonable effort to preserve the tree/s has been made and reasonable alternatives have been evaluated and determined to not be feasible.

(f)

Obstruction; pruning of trees.

Maintenance pruning allows for the healthy uniform growth of trees. Tree pruning should be accomplished in accordance with the procedures set forth in the latest ANSI A300 standard. The use of unnatural pruning techniques will be considered an unauthorized removal of a tree unless the tree is designated on an approved landscape plan to be shaped or formed in an unnatural pattern or to be maintained at a certain height.

It shall be the duty of any person or persons owning or occupying real property bordering on any street or public way upon which property there may be trees or other vegetation, to prune such trees or other vegetation on their property in such a manner that they will not obstruct or shade streetlights, obstruct the passage of pedestrians, obstruct vision or traffic signs, obstruct flow of vehicular traffic, or obstruct view of any street or alley intersection. Minimum clearance of any overhanging portion thereof shall be no less than 14-feet above the street and sidewalk surfaces such that no portion of any tree is located within said 14-foot clear space area.

Notice to prune.

Should any person or persons owning real property bordering on any street fail to prune trees as herein above provided, the landscape official, or his/her designee, shall order such person, or persons, within ten days after receipt of written notice, to prune such trees.

Order required.

The order required herein shall be served in accordance with notification procedures as outlined in section 106-11, of this article.

Failure to comply.

When a person to whom an order is directed fails to comply within the specified time, the landscape official, or his/her designee, may have such trees pruned in the interest of public safety.

On any corner lot, no vegetation shall be permitted or maintained higher than three feet above ground level or average street level within a vision triangle formed by a straight line from the points of the two intersecting right-of-way lines 20 feet back from their common intersection. This restriction shall not apply to permanent structures authorized by other sections of this article nor by other local, state, or federal laws. This restriction shall not apply to the trunks of trees as long as said trees are not clustered in a way so as to impede vision and are pruned so that all overhanging limbs will not impede vision.

(g)

Tree preservation credits—Nonresidential and multifamily developments.

To encourage the preservation of existing Protected Class, Century Class, Heritage Class, and Windswept Oak Trees contained within a proposed development, tree preservation credits may be requested to reduce the amount of new landscaping trees required on nonresidential and multifamily sites. Tree preservation credits can be issued to offset landscape buffer requirements when the tree being preserved is located within the buffer. Tree preservation credits can also be issued to satisfy total trees per acre requirements. The following minimum tree preservation credits may be requested:

Protected Class Trees shall receive a credit against the minimum required landscaping or mitigation standards at a one-to-one (1:1) caliper inch ratio;

Century Class Trees shall receive a credit against the minimum required landscaping or mitigation standards at a three-to-one (3:1) caliper inch ratio;

Heritage Class Trees shall receive a credit against the minimum required landscaping or mitigation standards at a three-to-one (3:1) caliper inch ratio;

Windswept Oak Trees shall receive a credit against the minimum required landscaping or mitigation standards at a five-to-one (5:1) caliper inch ratio;

Tree preservation credits may only be applied to the site where the trees are being preserved and only to offset new tree planting requirements. Credits may only be used to offset required new landscaping and must be requested at time of building permit.

(h)

Tree removal permit.

Permit required.

A tree removal permit is required for the removal of any Protected Class, Century Class, and Heritage Class, tree/s not exempt in subsection (b)(3) above and any Windswept Live Oak Tree regardless of size, classification, or exemption status. Application for a Tree Removal Permit must be accompanied by an appropriate application as identified in the City's Development Manual.

(i)

Violations.

Work without a tree removal permit. It shall be a violation of this chapter for any person or corporation to remove without a Tree Removal Permit, any non-exempt Protected Class, Century Class, and Heritage Class tree or any Windswept Live Oak Tree regardless of size, classification, or exemption status.

It shall be unlawful for any person or corporation to develop and/or maintain property in violation of this chapter.

Penalties and appeals shall be in accordance with the provisions laid out in Article I of this chapter.

(j)

Waiver.

General.

The City Manager or his/her designee may authorize waivers from the provisions of this Article when, in their opinion, undue hardship will result from requiring strict compliance. Waivers may be granted only to items specifically stated in this section. Waivers must meet one of the following eligibility requirements:

The tree is proposed for removal in order for the property to achieve compliance with other applicable City requirements and standards (i.e., site design or stormwater management); or

The tree is proposed for removal because it is within a future public utility location; or

Minimum preservation requirements cannot be met due to too few trees or an excessive abundance of trees on site.

Criteria for approval.

Waivers shall be evaluated using the following criteria:

Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees or windbreaks;

The requested waiver does not violate the intent of this section or the Rockport Code of Ordinances;

Strict interpretation of the provisions of the section would deprive the applicant of rights commonly enjoyed by other nearby properties in the same zoning district or with the same land use that would comply with the same provisions;

A reasonable effort to preserve the tree has been made and reasonable alternatives have been evaluated and determined to not be feasible.

(k)

Tree Mitigation fee-in-lieu.