The purpose and intent of this article is to promote and preserve
healthy and desirable tree species as an important public resource,
serving to enhance air quality, mitigate flooding and storm water
runoff, reduce energy costs, store and sequester carbon dioxide, and
enhance quality of life. Tree preservation further assists in protecting
the city's unique character and aesthetically-pleasing environment.
The purpose shall be accomplished through the protection of trees
of certain species and size, regulation of the proper pruning, protection
of trees during construction activity, and establishment of procedures
for requesting removal of such trees.
(Ordinance 1860 adopted 4/12/2010)
(a) Permits
issued under this article shall only apply to the specific tree(s)
and property identified in the permit.
(b) 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.
(c) 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)
(a) 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
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Tree Species
|
Botanical Name
|
Heritage Tree (DBH)
|
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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"
|
(b) 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.
(c) 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)
(a) 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.
(b) The
following items shall be required for application for tree service
vendor registration:
(1) Application
for a registered tree service vendor, and
(2) Valid
tree pruning license from any municipality or recognized agency or
organization within Bexar County, or
(3) Verification
of ISA Certified Arborist on staff.
(c) 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)
(a) 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.
(b) 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 of Alamo Heights.
(c) The
director shall consider requests for a tree removal permit, except
as specified by this article, based on the following criteria:
(1) 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.
(2) The
topography of the site;
(3) 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:
(1) 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
(2) 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)
(a) 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.
(b) The
director shall issue a tree removal permit with no fee required if
a heritage tree is:
(1) 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) 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:
(1) 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:
a. Minimum
1:1 ratio (one (1) to one (1) replacement trunk DBH to removed trunk
DBH) for individual heritage or multi-trunk heritage trees,
b. Minimum
1/2:1 ratio (one-half (1/2) to one (1) replacement trunk DBH to removed
trunk DBH) for cluster type heritage trees.
(2) Minimum
DBH for mitigation purposes is a four-inch caliper.
(3) Proposed
planting shall be permitted on the following properties:
a. 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. A
fee of three hundred dollars ($300.00) shall be paid per inch of required
mitigation for each heritage tree removed.
b. 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.
(b) 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)
(a) 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.
(b) Firewood
from Oak wilt infected trees shall not be brought into the city at
any time.
(c) 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:
(1) 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.
(2) 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.
(3) 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)
(a) 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.
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(b) No provision of this article shall be construed to in any way limit or restrict any and all rights that the city may have to remove any part of a tree or vegetation that is permitted to grow over the public right-of-way and measures at a height above pavement less than permitted in subsection
(a) above, or to maintain any civil suit for injunctive relief to require the removal or the prohibition of the same.
(Ordinance 1860 adopted 4/12/2010)