To protect, enhance, and increase healthy tree cover as new development occurs throughout Frisco to maximize the many benefits that trees bring to the community – Lower energy costs, reduced heat island effect, improved air quality, reduced stormwater runoff, increased livability and enhanced quality of life.
(Ordinance 2021-07-47 adopted 7/6/21; Ordinance 2024-05-21 adopted 5/7/2024)
The scope of Subsection 4.01 Tree Preservation Requirements includes the removal and/or transplanting of any tree and mitigation for the removal of Protected Trees and the required measures for protecting trees to remain on site. (See definition Tree, Protected.)
(Ordinance 2021-07-47 adopted 7/6/21; Ordinance 2024-05-21 adopted 5/7/2024)
(A) 
Tree removal permit.
A Tree Removal Permit approved by the Director shall be required for the transplanting and/or removal of all trees within the City, regardless of size or species, except for trees located on a single-family or two-family lot contained within a plat of record.
(B) 
Application for a tree removal permit.
An application for a Tree Removal Permit may be submitted at any time and is not required to be submitted in conjunction with development plans, Preliminary Plat or a Building Permit. An application for a Tree Removal Permit shall be submitted to the Director and shall include:
(1) 
A letter signed by the property owner allowing the City access to the property for verification of all tree survey information;
(2) 
A written document indicating the reasons for transplanting and/or removal of Protected Trees;
(3) 
Two (2) copies of a legible site planting plan; and
(4) 
A detailed tree survey and/or tree preservation plan. See 4.01.07 Tree Surveys and Tree Preservation Plans.
(C) 
Review of the application for a tree removal permit.
(1) 
Upon receipt of an application for a Tree Removal Permit, the Director shall review the application and may conduct field inspections of the site or development and/or refer the permit application to other departments for review and recommendations as deemed necessary and appropriate by the City.
(2) 
Protected Trees may not be removed or transplanted without a Tree Removal Permit. The removal of protected trees is subject to the mitigation requirements of 4.01.05 Mitigation for Trees Removed.
(3) 
If the Director determines that the tree(s) are not protected as defined herein, then the applicant may remove the tree(s) from their property without mitigation once the Tree Removal Permit has been issued.
(Ordinance 2021-07-47 adopted 7/6/21; Ordinance 2024-05-21 adopted 5/7/2024)
(A) 
Director authority to remove protected trees.
The Director may authorize, in writing, removal of a Protected Tree without mitigation under the following circumstances.
(1) 
A Protected Tree is determined by a Certified Arborist to be diseased or dead or poses an imminent or immediate threat to persons or property.
(2) 
A Protected Tree is in the right-of-way of a Major or Minor Thoroughfare as defined by the City of Frisco Engineering Standards – Section 2 Thoroughfare Design Requirements or in an easement and hinders or obstructs the construction, maintenance, repair, and/or replacement of such thoroughfares, water and sewer lines, drainage and storm sewer infrastructure, or other public improvement projects. This exception excludes infrastructure within or related to the construction of a proposed development except for the construction of thoroughfares within the Thoroughfare Masterplan and other capital improvement projects.
(B) 
Single-family or two-family lots.
A Tree Removal Permit shall be required to remove and/or transplant a Protected Tree (see definition Tree, Protected except for a Protected Tree located on a single-family or two-family lot contained within a plat of record. If a tree required by the Zoning Ordinance is removed, it shall be replaced with a three (3) inch caliper or greater tree of an approved species from the City's recommended canopy shade tree lists. Street trees if removed shall be replaced with a three and one-half (3-1/2) inch caliper or greater canopy shade tree by the adjacent property owner.
(C) 
Nurseries.
All retail, commercial, and wholesale nurseries are exempt from the terms and provisions of this Subsection 4.01 Tree Preservation Requirements in relation to those trees planted and growing on the premises of said business and that are planted and growing for the sale or intended sale in the ordinary course of business only.
(D) 
Utility companies.
(1) 
Utility companies franchised by the City in easements or rights-of-way accepted by the City or otherwise authorized to provide utility service may remove Protected Tree(s) that endanger public safety and welfare by interfering with utility service;
(2) 
The removal and trimming of Protected Tree(s) by a utility company requires a Tree Removal Permit, except in the case of emergency repairs; and
(3) 
A utility company shall notify the Director of any pruning and/or removal of Protected Trees done while making emergency repairs on the first business day following the emergency.
(4) 
All pruning shall be completed in accordance with ANSI A300 standards, and the Best Practices for Municipal Urban Forestry.
(E) 
Mowing and clearing.
The mowing and clearing of brush located within or under the drip lines of Protected Trees may be permitted when approved by the Development Services Landscape Architect, provided such mowing or clearing is accomplished by hand or by mechanical mowers with turf tires. Proposed clearing within the floodplain if necessary shall be in accordance with Practices Maintenance Guidelines, as it exists or may be amended.
(F) 
Golf course and pedestrian trails.
Development or redevelopment of golf courses and pedestrian trails shall be responsible for fifty (50) percent of the requirements for tree replacement or transplanting when warrantied for at least one year after transplanting.
(G) 
Agricultural users.
(1) 
Agricultural users can remove Protected Tree(s) for agricultural production by obtaining a Tree Removal Permit.
(2) 
A Tree Survey of Protected Trees shall be submitted and approved with the Tree Removal Permit.
(3) 
Replacement requirements of Protected Tree(s) being removed for agricultural production will be prorated equally over a period of ten (10) years.
(4) 
Should the property be developed prior to the full ten (10) years, the remainder of required trees shall be planted on the property in addition to the required trees. Planting of additional trees or tree mitigation fund payment shall comply with the minimum mitigation rates.
(Ordinance 2021-07-47 adopted 7/6/21; Ordinance 2024-05-21 adopted 5/7/2024)
(A) 
Replacement requirements for protected trees.
(1) 
Protected Trees may be replaced by:
a. 
Planting trees on the property equal to the total required mitigation inches above the minimum tree requirement for the development (see table below.)
b. 
Payment of Tree Mitigation Fund fees equal to the total required mitigation inches (see table below).
c. 
A combination of planting trees or payment of Tree Mitigation Fund fees equal to the total required mitigation inches (see table below).
(2) 
Trees required by Subsection 4.02 Landscape Requirements do not count toward the Tree Mitigation requirements for the removal of protected trees.
(3) 
All replacement tree measurements are in caliper inches in accordance with the then-current edition of the American Standards for Nursery Stock (ANSI Z60.1), as it exists or may be amended, and shall be minimum three (3) inch caliper trees unless otherwise noted.
(4) 
All replacement trees shall be selected from and conform to the standards of 4.02.03 Approved Plant Materials and Landscape Standards.
(5) 
Mitigation trees that do not survive after three (3) years shall be replaced with equal diameter inches of approved canopy shade trees.
Size of Protected Tree*
Percentage Replacement Trees**
Less than 6"
0%
6"–12"
100%
12.1"–20"
150%
20.1" or greater
300%
* All existing tree measurements are in diameter inches as measured four and one-half (4-1/2) feet (DBH) above the natural ground level.
For multiple trunk trees, combine the diameter of largest stem or trunk with one-half of the diameter of each additional stem or trunk, all measured at four and one half (4-1/2) feet above ground level.
(B) 
Transplanted trees.
(1) 
Protected Trees on a property may be transplanted to another location on the same property without being subject to the above replacement rates.
(2) 
All transplanting shall be done in accordance with ANSI 300 industry standards. Should a transplanted tree die, it shall be removed, and replacement trees shall be planted at a rate of one hundred (100) percent of the caliper inches of the transplanted tree(s). The replacement of the trees shall take place no later than 13 months after the date the tree was transplanted.
(C) 
Tree Mitigation Fund.
If any replacement tree cannot be located on the property, the developer shall make a payment for the required mitigation inches to the Tree Mitigation Fund when approved by the Director of Development Services. The cash value of replacement trees will be set by the Director annually.
(D) 
Trees located in proposed driveways, right turn lanes, and/or in median openings.
The person(s) or entity responsible for making any improvements that causes or results in the removal of tree(s) in proposed non-single or two-family driveways, from driveways, right turn lanes, and/or in planned median openings for the proposed development shall plant replacement tree(s) at a rate of one hundred (100) percent of the total diameter of the tree(s) being removed.
(E) 
Mitigation of all trees in riparian buffer and floodplain.
All trees four (4) inches or larger in diameter regardless of species in a pre-reclamation Riparian Buffer or floodplain shall be mitigated and meet the following:
(1) 
The replacement trees used for mitigation shall be planted within the Riparian Buffer/floodplain wherever possible to contribute to the stabilization and ecological restoration of the creek.
(2) 
The replacement/mitigation trees for Riparian Buffers and floodplains may be less than three (3) inches in diameter with the approval of the Director of Development Services.
(Ordinance 2021-07-47 adopted 7/6/21; Ordinance 2024-05-21 adopted 5/7/2024)
All Protected Tree(s) shall be protected by the owners as follows, unless otherwise directed by the Director of Development Services.
(A) 
Plastic fencing.
Before development or redevelopment, the owner shall install a four (4) foot tall plastic fence around the drip line of the Protected Tree(s). Other fencing materials may be allowed upon approval of the Development Services Landscape Architect.
(B) 
Construction entrance location.
Before development or redevelopment the owner shall establish and maintain a construction entrance that avoids Protected Trees.
(C) 
Equipment or materials disposal.
Cleaning equipment or materials and/or the disposal of any waste material, including, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., is prohibited under the canopy or drip line of any Protected Tree.
(D) 
Attachment to protected trees.
(1) 
Attachments or wires are prohibited from being attached to any Protected Tree.
(2) 
Cables, tree rods, and similar hardware installation that aid structural integrity of a Protected Tree are exempt from this section when approved in writing by the Director.
(E) 
Canopy or drip line protection.
(1) 
Fill or excavation is prohibited within the canopy or drip line of a Protected Tree.
(2) 
Construction or construction related activity is prohibited under the canopy or drip line of Protected Trees, unless otherwise approved in writing by the Director of Development Services.
(F) 
Root pruning requirements.
(1) 
Root pruning shall be required when disturbance will occur under the drip line of protected Trees.
(2) 
This root pruning shall be completed a minimum of two (2) weeks prior to any construction activity within the drip line.
(G) 
Disposal of removed trees.
(1) 
All trees removed shall either be chipped and used for mulch on site or hauled off-site within 72 hours of cutting.
(H) 
Tree maintenance and pruning practices.
(1) 
All tree maintenance techniques shall be in conformance with ANSI A300 standards and the Best Management Practices for Municipal Urban Forestry, as they exist or may be amended, and shall be performed by a Certified Arborist.
(2) 
Improper or malicious maintenance or pruning techniques which would likely lead to the death of the tree shall constitute a violation of the Zoning Ordinance and may result in citations and penalties.
(Ordinance 2021-07-47 adopted 7/6/21; Ordinance 2024-05-21 adopted 5/7/2024)
(A) 
Tree survey.
(1) 
Tree survey purpose:
a. 
To Identify Protected Trees and non-protected trees within the limits of the area to be developed or disturbed;
b. 
To Tabulate the species, size and condition of those trees and indicate whether they are to be removed or preserved; and
c. 
To Indicate the mitigation rates, and mitigation inches, including the total mitigation inches, for all protected trees to be removed within the limits of the work.
(2) 
A Tree Survey shall be prepared by a Certified Arborist or Landscape Architect licensed in the state of Texas in accordance with the Tree Survey & Tree Preservation Plan Checklist in the Development Application Handbook, as it exists or may be amended.
(3) 
Tree survey submittal requirements:
a. 
The detailed Tree Survey shall include the information listed on the Tree Survey Checklist, as it exists or may be amended, which shall be established and maintained by the Director of Development Services and published as part of the Development Application Handbook.
b. 
A Tree Survey shall be submitted with the following development applications: Applications for zoning cases, Preliminary Plats, Preliminary Site Plans, Site Plans, Grading Plans, Civil Construction Sets and Tree Removal Permits and other applications as required by the Director of Development Services.
c. 
Failure to submit the Tree Survey, where the Tree Survey is required under this Ordinance, shall be grounds for denial or rejection of the application.
(4) 
Tree survey approval:
a. 
The tree removal work shall not proceed until:
1. 
The Detailed Tree Survey and Tree Preservation Plans have been approved by the Development Services Landscape Architect;
2. 
The mitigation fees have been paid or mitigation plans approved; and
3. 
The Tree Removal Permit has been issued.
b. 
When an early Grading Permit is sought before the civil Construction Set has been approved, the Tree Survey and Tree Preservation plans shall be approved first before the issuance of the Grading Permit and no clearing or tree removal work may proceed until a Tree Removal Permit has been issued.
(B) 
Tree preservation plan.
(1) 
Purpose:
a. 
To show the location of the tree protection fencing for trees that are to be preserved on the site;
b. 
To provide installation details for the tree protection fencing; and
c. 
To define the areas of disturbance. (Only required for areas that are intended to be disturbed.)
(2) 
Tree preservation plan submittal requirements:
a. 
The Tree Preservation Plan shall be submitted with the Tree Survey as required by the Development Application Handbook checklist for the proposed development.
b. 
The Tree Preservation Plan shall include the information listed on the Tree Preservation Plan Checklist, as it exists or may be amended, which shall be established and maintained by the Director of Development Services and published as part of the Development Application Handbook.
(Ordinance 19-10-83 adopted 10/1/19; Ordinance 2021-07-47 adopted 7/6/21; Ordinance 2024-05-21 adopted 5/7/2024)
(A) 
Field verification.
(1) 
Grading and tree clearing work shall be prohibited until the Development Services Landscape Architect has field-verified and approved the information on the Tree Survey and Tree Preservation Plans, including the locations and accuracy of trees to be removed, trees to be preserved and the tree protection fencing.
(2) 
No tree removal shall take place without first obtaining a Tree Removal Permit.
(B) 
Site preparation.
(1) 
Prior to the preconstruction meeting or obtaining a grading permit, all tree markings and protective fencing shall be installed by the owner and shall be inspected by the Director of Development Services.
(2) 
A stop work order will be issued at any time if the tree preservation requirements are not being met.
(C) 
Final inspections.
(1) 
The Final Inspection for the Tree Survey and Tree Preservation Plan shall occur simultaneously with the inspection for the Final Acceptance Certificate.
(2) 
Any discrepancies from the Tree Survey and Tree Preservation Plan shall be corrected prior to the issuance of the Final Acceptance Certificate.
(Ordinance 2021-07-47 adopted 7/6/21; Ordinance 2024-05-21 adopted 5/7/2024)
(A) 
Violation.
Any person(s) or entity causing the transplanting or removing of a tree without first obtaining a Tree Removal Permit is in violation of this Ordinance.
(B) 
Occurrence.
Each tree removed or transplanted without a Tree Removal Permit shall constitute a separate offense.
(C) 
Compliance required after violations.
Violation of this Ordinance shall not constitute an exemption to the replacement requirements of this Ordinance.
(Ordinance 2021-07-47 adopted 7/6/21; Ordinance 2024-05-21 adopted 5/7/2024)