ARTICLE X TREE PRESERVATION

Permits issued under this article shall only apply to the specific tree(s) and property identified in the permit.

For work requiring a building permit, the buildings, renovations, additions and site improvements shall be oriented in a manner that allows for preservation of the maximum number of trees to the greatest extent reasonably feasible.

No more than fifty (50) percent of the critical root zone of any heritage tree shall be covered with impervious cover and no closer than three (3) feet from the trunk of the tree.

(d)

No more than thirty (30) percent of the critical root zone of any heritage tree shall be trenched, excavated, damaged or removed and no closer than three (3) feet from the trunk of the tree.

(e)

All tree pruning shall follow ANSI A300 standards.

(f)

The property owner is responsible for maintaining all trees or tree canopy on the property by providing irrigation, fertilization, pruning, and other maintenance as required to preserve the health of all trees.

(g)

The property owner is responsible for trimming, pruning, or maintaining all trees and branches within any portion of their property and the contiguous portion of the property between the front property line and the paved city right-of-way to provide the visibility and vehicular clearances as required within chapter 16, Streets and Sidewalks, of the city's Code of Ordinances.

(Ordinance 1860 adopted 4/12/2010)

§ 5-152 Heritage trees.

The designation of heritage tree species is shown in Table 1. Heritage tree designations establish a threshold trunk size, measured in diameter at breast height (DBH) for purposes of applying the requirements of this article.

Table 1: Designation of Heritage Trees
Tree Species	Botanical Name	Heritage Tree (DBH)
Anaqua	Ehretia annacua	24"
Black Cherry, Escarpment	Prunus serotina var. eximia	24"
Black Walnut	Juglans nigra	24"
Cedar, Deodora	Cedrus deodara	12"
Crepe Myrtle	Lagerstroemia indica	24"
Cypress, Arizona	Cupressus arizonica	24"
Cypress, Montezuma	Taxodium mucronatum	24"
Elm, Cedar	Ulmus crassifolia	24"
Maple, Uvalde Bigtooth	Acer grandidentatum	24"
Mesquite	Prosopis glandulosa	24"
Oak, Blackjack	Quercus marilandica	24"
Oak, Bur	Quercus macropcarpa	24"
Oak, Chinkapin	Quercus muhlenbergii	24"
Oak, Lacy	Quercus laceyi	24"
Oak, Live	Quercus spp.	24"
Oak, Mexican White	Quercus polymorhpa	24"
Oak, Texas Red	Quercus buckleyi	24"
Oak, Shumard Red	Quercus shumardii	24"
Olive, Mexican	Cordia boissieri	8"
Palm, Sabinal	Sabal texana	12"
Pecan	Carya illinoensis	24"
Persimmon, Texas	Diospyros texana	8"
Redbud, Texas	Cercis canadensis	8"
Magnolia, Southern	Magnolia grandiflora	24"
Sycamore, Mexican	Platanus mexicana	24"
Texas Mountain Laurel	Sophora secundiflora	8"

For the purposes of determining heritage tree designation and for applying the requirements of this article, multi-trunk trees shall be the sum total DBH as measured for each trunk. Multi-trunk trees shall be considered a heritage tree if the sum total DBH of all trunks equal or exceeds the threshold trunk size as listed for the tree species in Table 1, Designation of Heritage Trees.

§ 5-153 Registration of tree service vendors.

For the purposes of determining heritage tree designation and for applying the requirements of this article, cluster trees shall be the sum total DBH of all trunks of a cluster of three (3) or more heritage tree type species where one tree is measured less than or equal to five (5) feet from another. Cluster trees shall be considered a heritage tree if the sum total DBH of all trunks equal or exceeds the threshold trunk size as listed for the tree species in Table 1, Designation of Heritage Trees.

(Ordinance 1860 adopted 4/12/2010)

Any business or contractor providing tree services related to installation, pruning or removal of trees within the city must register with the city to become a registered tree service vendor.

Exception: Lawn maintenance professionals hired to provide general landscaping activities on a scheduled basis such as mowing, lawn trimming, planting, tree trimming, pruning, or removal shall not be required to register with the city.

The following items shall be required for application for tree service vendor registration:

Application for a registered tree service vendor; and

Valid tree pruning license from any municipality or recognized agency or organization within Bexar County; or

Verification of ISA Certified Arborist on staff.

Limbs, branches and other cuttings from tree services performed by registered tree service vendors shall be removed from the city by the registered tree service vendor by the end of each business day the work was performed.

(Ordinance 1860 adopted 4/12/2010)

§ 5-154 Permit required.

A tree pruning permit is required for the pruning of any trees.

Exception: A pruning permit shall not be required when the pruning is completed by the property owner, or any personnel regularly employed by the owner for the purposes of routine maintenance, or landscaping.

A tree removal permit is required for the removal of any tree(s) larger than eight (8) inches DBH within the boundaries of the city.

The director shall consider requests for a tree removal permit, except as specified by this article, based on the following criteria:

Is the proposed tree to be removed determined to be a heritage tree(s) according to section 5-152;

Note: Removal of a determined heritage tree shall not be approved without evidence submission of sufficient cause or hardship as determined by the director, board or commission.

The topography of the site;

Whether the removal of the tree would provide more light and airspace for adjacent trees;

(4)

Whether the existing tree is in a location on the lot that is neither visible by the public or does not contribute to the tree canopy along the street; and

(5)

Whether exceptional architectural design performed by a registered architect may be achieved by a reduction in trees.

(d)

Requests for a tree removal permit shall include the specific reason(s) for removing the tree(s), as well as:

A site plan that identifies the exact locations, the tree species, and the DBH of all trees within the subject property and specifically identifies each tree proposed to be removed; and

§ 5-155 Fees for tree pruning permits, tree removal permits and tree service vendor registrations.

Photographs that sufficiently illustrate the character and location of each tree proposed to be removed.

(e)

If the tree removal permit is being requested in conjunction with a building permit, the request may also be required to include existing and proposed topographical information, easements, rights-of-way, setbacks, and property lines, the location of all existing and proposed structures, utilities, paved areas, and sidewalks, to the extent such information is available.

(f)

Permits for the removal of trees that fall or the removal of limbs which have fallen due to acts of nature such as windstorm, flood, freeze or other disasters, may be waived by the city manager or other designated official if requested within thirty (30) days of the weather event and removed within sixty (60) days.

(Ordinance 1860 adopted 4/12/2010; Ordinance 2146, sec. 3, adopted 10/14/2019)

Fees for tree pruning permits, tree removal permits and tree service vendor registration shall be listed in the adopted schedule of development fees as maintained in the director's office. All application fees are non-refundable and due upon receipt of application.

The director shall issue a tree removal permit with no fee required if a heritage tree is:

§ 5-156 Heritage tree removal mitigation.

Determined by a certified arborist to be diseased or dying and is considered a hazard due to such condition, or is considered a hazard due to natural events, including, but not limited to, tornados, floods, storms, or other acts of God or by other events. Determination must be submitted in writing to the director's office prior to removal of the tree.

(Ordinance 1860 adopted 4/12/2010)

A property owner or authorized agent requesting removal of a designated heritage tree which is not certified to be diseased or dying is required to provide these mitigation requirements if removal is approved by the director:

Criteria.

Planting additional types of trees as listed in table 1 of this article (excluding palms, mountain laurels and crepe myrtles unless the heritage tree being removed is one of these types) with a replacement ratio (measured in inches DBH) which meets the following criteria:

Minimum 1:1 ratio (one (1) to one (1) replacement trunk DBH to removed trunk DBH) for individual heritage or multi-trunk heritage trees,

Minimum 1/2:1 ratio (one-half (1/2) to one (1) replacement trunk DBH to removed trunk DBH) for cluster type heritage trees.

Minimum DBH.

Minimum DBH for mitigation purposes is a four-inch caliper.

Location of planting.

Proposed planting shall be permitted on the following properties:

The same lot as such heritage tree(s) was removed.

(4)

Fees in lieu of mitigation.

A property owner or authorized agent required to provide mitigation shall plant additional trees on the property for which mitigation is required in accordance with section 5-156(a), or shall pay a fee in lieu of planting additional trees in accordance with the following:

A fee of three hundred dollars ($300.00) shall be paid per inch of required mitigation for each heritage tree removed.

For residentially zoned properties located in the SF-A, SF-B, and 2F-C districts, and for properties with existing or proposed single-family structures in the MFD district, the cap for mitigation fees shall be two thousand dollars ($2,000.000) per tree.

§ 5-157 Prevention and control of spread of oak wilt.

The director shall have discretion to modify mitigating requirements due to special circumstances.

(Ordinance 1860 adopted 4/12/2010; Ordinance 2036 adopted 10/26/2015; Ordinance 2039 adopted 12/14/2015)

All pruned limbs or wounds to the trunk, limbs and root system of oak trees in the city that expose sapwood shall be painted within thirty (30) minutes of the wound with asphaltic or exterior oil or latex based paint.

Firewood from oak wilt infected trees shall not be brought into the city at any time.

§ 5-158 Tree protection during construction.

When oak wilt infection is suspected or found, the director shall be contacted within forty-eight (48) hours to obtain aid from the Texas Forest Service to confirm the diagnosis of oak wilt. When oak wilt is confirmed the measures for control recommended by the service shall be undertaken to control spread of the infection. The cost of such measures will be the responsibility of the owner of the tree(s), provided that the owner of the tree(s) shall have the option of undertaking the least expensive measures approved by the Texas Forest Service.

(d)

It is recommended that any firewood cut from any trees in the city and purchased firewood not be stacked under or close to oak trees and should be burned within one (1) year.

(Ordinance 1860 adopted 4/12/2010)

To avoid damage or destruction of heritage trees and to enhance the chance of survival of other desirable trees after construction or demolition activities, the owner and contractor shall take and maintain the following measures throughout the course of demolition and construction:

Erect and maintain a temporary protective barrier that equals the diameter of the tree canopy for each tree to be preserved. The barrier shall be in place before any site work is initiated and maintained throughout the construction process to avoid impact injuries to the tree and the tree's root system during demolition and construction. During demolition and construction, no excess soil, additional fill, construction equipment, liquids or construction debris shall be placed inside the protective barrier nor shall any soil be removed from within the barrier.

To allow for vehicular access at times required during construction, the protective barrier on one side of the tree may be erected a minimum distance of sixty (60) inches from the trunk of a tree or group of trees only temporarily as such access is required. Other adjustments to the location of this barrier shall be approved by the director where site constraints are such that reasonable access for construction would otherwise not be available and where protection of the tree is still assured.

Protective barriers may be comprised of chain-link fencing, plywood and where appropriate "snow" temporary fencing such as vinyl construction fencing, geo-textile material or other material approved by the director.

(4)

Trenching within a heritage tree's critical root zone shall have minimal intrusion and require the approval of the director during the building permit review process.

(Ordinance 1860 adopted 4/12/2010)

§ 5-159 Right-of-way clearance.

In the interest of the health, safety and general welfare of all residents by providing transit space for fire trucks, ambulances and other emergency vehicles, it is a violation of this article for any person to fail to prune trees and other vegetation to the face of the curb edge of the pavement adjacent to any traversable public right-of-way to a minimum height of thirteen and one-half (13.5) feet from the surface of the pavement after receiving written thirty (30) days' notice from the director or his designee.

Exception: The clearance above the traversable public right-of-way along La Jara Blvd. shall not be lower than eleven and one-half (11.5) feet from the surface of the pavement.