(a) 
Authority.
Based on the authority of Texas Local Government Code Ch. 212, the requirements of this section shall apply to all plats and site plans proposing new development in the corporate limits of the City and the ETJ.
(b) 
Purpose and intent.
The purpose of this section is to require subdividers and developers to identify and document the location of heritage trees on properties where development for the following purposes:
(1) 
Promote responsible design decisions that will preserve as many heritage trees as possible;
(2) 
Prohibit the indiscriminate clearing of property;
(3) 
Preserve protected trees during construction;
(4) 
Protect and increase the value of properties by preserving those trees that help to define the character of the city and region;
(5) 
Maintain a positive image of the city as a place to live and locate a business;
(6) 
Protect the natural ecological environmental and aesthetic qualities of the city; and
(7) 
Provide shade to provide relief from the heat by reducing the ambient temperature.
(c) 
Heritage trees classified.
The following tree species shall be designated as heritage trees:
(1) 
Live oak - Quercus virginiana;
(2) 
Pecan - Carya illinoinensis.
(d) 
Significant tree species classified.
In the event that all heritage trees cannot be preserved, the following tree species, if present on a property, may be preserved and credits awarded, as specified in this section, to mitigate the loss of any heritage trees:
(1) 
Shumard Red Oak - Quercus shumardii;
(2) 
Burr Oak - Quercus macrocarpa;
(3) 
Chinquapin Oak - Quercus muehlenbergii;
(4) 
Post Oak - Quercus stellata;
(5) 
Water Oak - Quercus nigra;
(6) 
Willow Oak - Quercus phellos;
(7) 
Bald Cypress - Taxodium distichum;
(8) 
Tulip Tree (Yellow Poplar) - Liriodendron tulipifera;
(9) 
American Elm - Ulmus americana;
(10) 
Redbud - Cercis canadensis;
(11) 
Dogwood - Cornus florida.
(e) 
Exceptions.
The requirements of this section shall not be applicable when:
(1) 
Plans or plats approved prior to the adoption of this division;
(2) 
Property is zoned or used for agricultural purposes, which includes the harvesting of timber;
(3) 
The owner of any residence used as a homestead;
(4) 
Damaged or diseased trees that are beyond the point of recovery, in danger of falling, or endangering public health, welfare, property, or safety; and
(5) 
Trees damaged from an act of nature that interrupts utility service. Removal shall be limited, if possible, to the portion of the tree reasonably necessary to re-establish utility service.
(f) 
Deferral.
The development administrator Mayor of designee, or upon appeal the Planning and Zoning Commission, may:
(1) 
Consider a deferral request to maintain a heritage tree when the literal enforcement of this requirement would result in the creation of an unnecessary hardship on impractical application of the plan considering the physical characteristics of the lot or parcel of land in question; and
(2) 
Consider a waiver or a deviation from any other development requirements in order to preserve a heritage tree.
(g) 
Tree trunk measurement.
When documenting existing heritage trees, or existing protected trees that may be used to mitigate the loss of heritage trees, the following criteria shall be applied:
(1) 
Straight trunk:
Trees with fairly straight, upright trunks shall be measured 4.5 feet above the ground, as shown below.
(2) 
Trunk on an angle or slope:
The trunk is measured at a right angle to the trunk 4.5 feet along the center of the trunk axis, so the height is the average of the shortest and the longest sides of the trunk, as shown below.
(3) 
Multi-trunk trees.
To determine the diameter of a multi-trunk tree, measure each tree trunk larger than one inch. Determine the diameter of the largest tree trunk. The diameter of the multi-trunk tree is then computed as the diameter of the largest tree trunk plus one-half of the composite diameters of each smaller tree trunk greater than one inch. A multi-trunked tree is differentiated from individual trees growing from a common root stock if there is a visible connection between the trunks above ground.
(h) 
Replacement and protection of heritage trees.
(1) 
Developers and subdividers shall submit a tree preservation plan with plats and site plans that identifies the name, location, DBH at 4.5 feet above the natural grade of heritage trees, and any significant tree species that will be preserved for credits against lost heritage trees.
(2) 
The developer or subdivider must identify the heritage trees to be preserved or removed, and which existing significant tree species will be retained for credit for removed heritage trees.
(3) 
When a heritage tree is proposed to be removed, staff may relax any development requirement to preserve the tree. Staff reserves the right to refer a relaxed design solution to the Planning and Zoning Commission for approval. Relaxed design solutions may only be approved by staff or the commission upon finding that the preservation of the tree is in the public interest and that the relaxed standard would not result in any health or safety issues.
(4) 
If design solutions are not available to preserve heritage trees, the developer shall be required to determine the collective caliper of the heritage trees proposed to be removed and multiply that figure by three, to determine the aggregate amount of tree caliper that must be provided to replace removed heritage trees. Heritage trees may be replaced with another heritage tree or a tree on the significant tree species classified list. This requirement can be satisfied with the planting of many trees, a few trees, or one tree; provided that the aggregate replacement caliper is equal the existing aggregate proposed to be replaced times three.
(5) 
In lieu of planting young trees to mitigate lost heritage trees, the applicant may also propose to preserve existing mature healthy trees not listed in significant tree species classified list, but that are listed in the large tree section of "Recommended Ornamental Plants for Southeast Texas Including Houston and Beaumont", by the Texas A&M Agri-Life Extension Service, with the exception of hackberry and Arizona ash trees.
(6) 
For site plans, the aggregate caliper for replacement trees shall be in addition to the normal landscaping requirements of the zoning ordinance.
(7) 
For residential subdivisions, the aggregate caliper of replacement protected trees shall be in addition to the normal requirement of this chapter, which is two trees per residential lot. The locations of where replacement trees will be planted shall be identified in a tree replacement plan filed with the preliminary plat, final plat or site plan, with trees identified as an existing heritage/significant tree species.
(8) 
No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging, any heritage tree located on property regulated by this section unless such removal is expressly "excepted" by this section.
(9) 
When using a retaining wall where the natural grade must be raised or lowered, the tree well shall be designed in accordance with the design concepts depicted in Figure 2, Retaining Wall and Tree RPZ Protection.
(i) 
Tree preservation plan required.
When heritage trees are located on a property for which development is proposed, which shall include site clearing, grubbing, earth movement, or the removal of any vegetation, a tree preservation plan shall be submitted that demonstrates compliance with the all of the requirements set out in this section.
(j) 
Tree protection and planting.
(1) 
Tree protection will be installed before any site work is initiated and maintained for the duration of the construction work. Tree protection will consist of the following:
a. 
It will consist of fencing (orange mesh or chain link) placed around the RPZ.
b. 
No vehicles or construction materials/debris will be allowed in the RPZ.
c. 
No equipment shall be cleaned or other liquids deposited within the limits of the dripline of any protected tree. This includes, but is not limited to, paint, oil, solvents, asphalt, concrete, mortar, or other materials;
d. 
No signs, wires, or other attachments, other than those of a protective nature, which have been approved in the tree disposition plan, shall be attached to any protected tree;
e. 
Trespassing or throwing trash into a protective fence area is prohibited.
f. 
Any damage done to tree crowns or roots will be repaired immediately and any wounds on live oaks will be painted with pruning paint within sixty (60) minutes to prevent oak wilt.
g. 
Wells or retaining walls around the RPZ will be used if proposed finished grades will raise or lower the natural RPZ grade by more than six inches.
h. 
The finished RPZ will be pervious.
i. 
For commercial, multi-family and other developments; a minimum of 25 percent of the total DBH must be preserved.
j. 
For single-family residential development of single or contiguous lots; contiguous lots include three or more lots, a minimum of 50 percent of total DBH must be preserved.
k. 
For individual lots, 45 percent of total DBH must be preserved.
l. 
Utility and flatwork per the original builder's plan are exempt for up to 45 percent of the RPZ.
(2) 
New single-family residential lots shall have two trees per lot. These trees may be:
a. 
A preserved heritage tree;
b. 
A tree on the specific trees species list that is replacing a heritage tree that was removed; or
c. 
A tree listed in the "Recommended Ornamental Plants for Southeast Texas Including Houston and Beaumont", by the Texas A&M Agri-Life Extension Service, with the exception of hackberry and Arizona ash trees, provided that the tree, when mature, will have an average crown greater than fifteen feet (15') in diameter, have a three-inch (3") DBH and height of ten feet (10') at the time of planting;
d. 
If an existing heritage tree or a specific trees species that was preserved to comply with this section is located on a residential building lot, it shall be designated on the plat, or another suitable document, to ensure that it is properly protected during construction and is not removed by the property owner, unless an exception listed in the section becomes applicable.
e. 
Existing heritage trees preserved specific trees species may be located in the public right-of-way and may not be removed by the property owner.
Figure 2. Retaining Walls and Tree RPZ Protection
(Ordinance 26-747-16 adopted 4/2/2026)