(a)
The general purpose of these regulations is to establish the
standards for the preservation and protection of a diminishing natural
resource, in particular the native and other adapted existing site
trees located in the city, and to encourage the planting of trees
to replace and supplement our urban forest during the development,
construction, and redevelopment process. It is the general intent
of this article to protect mature trees and established trees, except
for species that are identified as unprotected. In adopting this article,
the city council expressly recognizes that protected trees often must
be removed during the development process and thus it is necessary
to define mitigation measures that over time will result in the reforestation
of the city.
(b)
This article is intended to prevent the indiscriminate cutting
of trees in advance of development, to require the consideration of
trees as a component of site design, and to allow for the commercially
reasonable development of private property subject to minimum standards
for the preservation and planting of trees. The provisions of this
article shall not be construed or applied to preclude development
or prohibit ingress or egress.
(c)
Specific purposes include the following:
(1)
Preserve and enhance the existing natural features of the city
that attract people to this community;
(2)
Encourage preservation of existing public and private shade
trees and ornamental trees;
(3)
Define reasonable measures to preserve existing protected trees;
(4)
Increase the population and the life span of protected trees;
(5)
Improve the air quality and environmental comfort of both business
and residential citizens;
(6)
Reduce the erosive effects of rainfall;
(7)
Prevent the indiscriminate destruction or removal of mature
trees;
(8)
Increase property values by improving the aesthetic qualities
of the built environment by incorporating existing mature trees into
the built environment;
(9)
Encourage the preservation of tree groves in order to protect
and decrease fragmentation of wildlife habitat;
(10)
To balance the needs of development with the goals of preserving
mature trees.
(Ordinance 24-963 adopted 2/8/2024)
Unless the context clearly indicates otherwise, in this article:
The measurement or diameter across the center of a tree.
For purposes of this article, the caliper is measured at 4.5 feet
above ground level.
The property on which is located any for-profit business
or multifamily housing in which more than two dwelling units exist.
A permit required by the city to remove structures from either
residential, institutional, or commercial property.
The area of unpaved ground under the branches of a tree.
Property on which is located any school, church, or other
public service nonprofit institution.
The surface, the air space above the surface, and the area
below the surface of any public street, highway, lane, path, alley,
sidewalk, boulevard, drive, bridge, tunnel easement or similar property
within the city.
Modifications made to an existing structure, which would
require a building permit.
The property on which is located a one-family or two-family
dwelling unit that is a person's residence;
The body of the trunk of a tree, which grows on the property
line of different property owners.
Any self-supporting woody plant together with its root system,
growing upon the earth usually with one trunk, or a multi-stemmed
trunk system, supporting a definitely formed crown.
A survey of existing trees on a piece of property containing
the following information:
A permit which allows the property owner, commercial entity,
or institutional entity to remove trees in designated areas, and which
as been approved in advance by the City of Humble Building Department.
All trees listed on the current Texas A&M Forest Service's
Forest Health: Common Invasive Plants in East Texas, as the same may
be amended from time-to-time.
(Ordinance 24-963 adopted 2/8/2024)
Trees on institutional property shall only be removed after
obtaining a tree removal permit in accordance with the requirements
of this section.
(2)
A tree removal permit is not required for the following conditions:
(A)
The removal of a tree on institutional property with a caliper
less than four inches;
(B)
The removal of a designated undesirable tree of any size; or
(C)
The property owner provides documentation from a landscape architect,
landscape designer, horticulturist, or other person or firm approved
by the building official of the city, that the tree is diseased, dying,
or is endangering person or property.
(3)
Public rights-of-way:
(A)
A tree which is located in a public right-of-way and has a caliper
of greater than four inches may not be removed, except under the following
circumstances:
(i)
The tree is a designated undesirable tree;
(ii)
The tree is in the path of utility installation,
driveways, sidewalks or streets and no other reasonable accommodations
can be made; or
(iii)
The property owner provides documentation from
a landscape architect, landscape designer, horticulturist, or other
person or firm approved by the building official of the city, that
the tree is diseased, dying, or is endangering persons or property.
(B)
The removal of any tree with a caliper of greater than four
inches, which does not meet the exceptions set forth in subsection
(3)(A) above requires a tree removal permit.
(Ordinance 24-963 adopted 2/8/2024)
Trees on residential or institutional property, which is undergoing
new construction, remodeling, demolition or lot clearing, shall only
be removed after obtaining a tree removal permit in accordance with
the requirements of this section.
(2)
A tree removal permit is not required for the following conditions:
(A)
The removal of a tree on residential, commercial, or institutional
property with a caliper less than four inches;
(B)
The removal of a designated undesirable tree of any size; or
(C)
The property owner provides documentation from a landscape architect,
landscape designer, horticulturist, or other person or firm approved
by the building official of the city, that the tree is diseased, dying,
or is endangering persons or property.
(3)
Public rights-of-way:
(A)
A tree which is located in a public right-of-way and has a caliper
of greater than four inches may not be removed, except under the following
circumstances:
(i)
The tree is a designated undesirable tree;
(ii)
The tree is in the path of utility installation,
driveways, sidewalks or streets and no other reasonable accommodations
can be made; or
(iii)
The property owner provides documentation from
a landscape architect, landscape designer, horticulturist, or other
person or firm approved by the building official of the city, that
the tree is diseased, dying, or is endangering persons or property.
(B)
The removal of any tree with a caliper of greater than four
inches, which does not meet the exceptions set forth in subsection
(3)(A) above requires a tree removal permit.
(4)
Tree disposition plan: The property owner or the building contractor
shall be responsible for developing a tree disposition plan for the
preservation and replacement of trees on the property. A sample tree
disposition plan will be available from the city's building department.
The building official or their designee or the code enforcement officer
will verify the tree disposition plan according to the following schedule:
(A)
Lot clearing that requires a tree removal permit shall require
a tree disposition plan submitted and approved prior to lot clearing
and issuance of a tree removal permit and must remove undesirable
trees; replacement trees if required must be installed prior to final
inspection and issuance of certificate of occupancy.
(B)
Demolition that requires a tree removal permit shall require
a tree disposition plan submitted and approved prior to the issuance
of the demolition permit and tree removal permit; replacement trees
if required must be installed prior to final inspection and issuance
of certificate of occupancy.
(C)
New construction that requires a tree removal permit shall require
a tree disposition plan submitted and approved prior to lot clearing
and issuance of a tree removal permit and must remove undesirable
trees; replacement trees if required must be installed prior to final
inspection and issuance of certificate of occupancy.
(D)
Remodeling that requires a tree removal permit shall require
a tree disposition plan submitted and approved prior to the issuance
of the demolition permit and tree removal permit; replacement trees
if required must be installed prior to final inspection and issuance
of certificate of occupancy.
(5)
Buffering required for lot clearing: On lots that are to be
wholly or partially cleared for future development the following tree
preservation zones are required:
(A)
A strip 25 feet deep along the front of the property, running
parallel and adjacent to the rear line of any easement or series of
easements abutting the street right-of-way, or adjacent to the right-of-way
if there are no abutting easements;
(B)
A strip 18 feet deep along any side street, running parallel
and adjacent to the rear line of any easement or series of easements
abutting the street right-of-way, or adjacent to the right-of-way
if there are no abutting easements;
(C)
All required preservation zones shall have a minimum density
of one tree per 50 linear feet. This may be accomplished by mandatory
preservation of existing trees or by a combination of mandatory preservation
and replacement tree plantings that are at minimum 45-gallon in size;
and
(D)
Protected trees located within a preservation zone are subject
to mandatory preservation and no tree removal permit shall be issued
to authorize the removal of any healthy protected tree except where
the removal is necessary for the construction of infrastructure, driveways,
on-premises advertising signs or if documentation from a landscape
architect, landscape designer, horticulturist, or other person or
firm approved by the building official of the city, that the tree
is diseased, dying, or is endangering persons or property.
(6)
Protection of trees during any construction: The property owner
or building contractor shall provide the following protection for
all remaining trees:
(A)
A temporary chainlink or wood fence, or other material approved
by the building official, not less than four feet high at the dripline
of the tree.
(B)
A six inch layer of mulch covering exposed roots within walk
areas not covered by tree fencing.
(C)
Construction materials or chemicals may not be stored within
the dripline of the tree.
(D)
Except as set forth in subsection (6)(E), vehicles or construction
equipment may not be driven or parked across the dripline of the tree.
(E)
Builders shall be entitled to a total of 20 feet of access to
the construction site. Such access may or may not be continuous and
every effort will be made to design access so that it does not compromise
the construction protection for existing trees.
(7)
Removal of undesirable trees during lot clearing or new construction.
All undesirable trees must be identified on the tree disposition plan
and removed during lot clearing or new construction prior to obtaining
a certificate of occupancy.
(8)
City inspections:
(A)
Inspections will be concurrent with regular construction inspections
and at other times as necessary.
(B)
The building inspector shall be responsible for overseeing compliance
with the tree disposition plan and that the construction protection
for remaining trees is as required per this article.
(Ordinance 24-963 adopted 2/8/2024)
A shared tree must have the written consent of each owner before
the shared tree can be removed. A letter from a representative of
each property owner, other than the property owner submitting the
tree disposition plan, must be submitted to the city's building
department with the tree disposition plan.
(Ordinance 24-963 adopted 2/8/2024)
(a)
For new residential construction, the table below shows the
minimum quantity of trees required. The replacement tree may not be
an undesirable tree, but may include species which at maturity are
smaller than the tree being replaced. Replacement will not be necessary
if the number of remaining trees meets the minimum requirement:
|
Front Yard
|
Back Yard
| |
|---|---|---|
|
Lots greater than or equal to 80 feet in width
|
Minimum of 3 trees
|
Minimum of 2 trees
|
|
Lots greater than or equal to 60 feet but less than 80 feet
in width
|
Minimum of 2 trees
|
Minimum of 1 tree
|
|
Lots less than 59 feet in width
|
Minimum of 1 tree
|
Minimum of 1 tree
|
(b)
The property owner or building contractor shall provide replacement
trees which meet the following size requirements:
(1)
A 30-gallon minimum size for any tree removed with a diameter
of less than 15 inches measured 4.5 feet above the ground.
(2)
A 45-gallon minimum size for any tree removed which equals 15
inches in diameter or greater measured 4.5 feet above the ground.
(3)
Any species of trees is acceptable except undesirable trees.
(c)
Any replacement tree that dies within the first two years of
its planting would itself need to be replaced in accordance with the
requirements of this section.
(Ordinance 24-963 adopted 2/8/2024)
All of the requirements of section 9.08.004 shall be applicable to this section with the following additional requirements:
(1)
Street trees.
The property owner or building contractor
shall plant a minimum one 45-gallon tree for every 40 feet of street
frontage and may include a public right-of-way. Any tree variety may
be selected except for undesirable trees.
(2)
Parking lot trees.
To the extent that the existing
parking spaces would not have to be removed, the property owner or
building contractor shall plant a minimum of one 45-gallon tree for
every ten parking spaces within or adjacent to a parking lot and may
include a public right-of-way. Any tree variety may be selected except
for undesirable trees.
(Ordinance 24-963 adopted 2/8/2024)
Enforcement is applicable to both residential, institutional
and commercial property.
(1)
The city may assess a fine of up to $500.00 per occurrence per
day for the removal of construction protection fencing and up to $500.00
per occurrence per day for the storage of construction materials within
the designated protection area.
(2)
The city may assess a fine of up to $500.00 per occurrence for
the nonpermitted removal of a tree or the removal of a tree shown
on the tree disposition plan as a tree which will remain, or the removal
of a tree within a public right-of-way.
(3)
Anyone may report violations to the city's building department.
(Ordinance 24-963 adopted 2/8/2024)
Fees assessed by the city for tree removal permits and tree
disposition plans shall only cover administrative costs.
(1)
The city shall assess a fee of $50.00 for a residential tree
removal permit for existing residential properties and a fee of $100.00
for new construction.
(2)
The city shall assess a fee of $50.00 for the review of a residential
tree disposition plan for existing residential properties and a fee
of $100.00 for new construction.
(3)
The city shall assess a fee of $100.00 for a commercial or institutional
tree removal permit for existing properties and a fee of $200.00 for
new construction.
(4)
The city shall assess a fee of $100.00 for the review of a commercial
or institutional tree removal permit for existing properties and a
fee of $200.00 for new construction.
(Ordinance 24-963 adopted 2/8/2024)
