The URL can be used to link to this page

Home My WebLink About01242008 BSC Agenda Item 1 0 0 OLM City{ of West University Place A Neighborhood City ® Recycled Paper Notice of Building & Standards Commission Workshop Meeting Notice is hereby given that the Building & Standards Commission (BSC) and members of the City Council of the City of West University Place, Texas will hold a meeting on: January 24, 2008 Beginning at 6:00 P.M. In the Municipal Building, Bill Watson Conference Room, Located at 3800 University Blvd, West University Place, Texas 77005. The subjects of the meeting are as follows: [Call to Order.] 1. Urban Forest Code Amendments. Matters relating to the urban forest, tree protection and tree preservation, including possible code amendments. [Adjournment.] ANYONE WITH A DISABILTY REQUIRING SPECIAL ARRANGEMENTS TO BE ABLE TO PARTICIPATE IN THE MEETING MAY CONTACT THE PERSON WHO SIGNS THIS NOTICE BELOW INADVANCE OF THE MEETING TO ALLOW TIME FOR ARRANGEMENTS TO BE MADE AS NECESSARY. THE MEETING PLACE MENTIONED ABOVE IS ACCESSIBLE BY WHEEL CHAIRS BY USING THE SLOPED RAMP LOCATED AT THE WEST ENTRANCE TO THE MUNICIPAL BUILDING. SPECIALLY MARKED PARKING SPACES AREAVAILABLE IN THE PARKING LOT ADJOINING UNIVERSITY BOULEVARD. Notice issued and posted on.jq~~ 4\i 'A 20 . Issued by:~~~ . V~ Josie M. Orosco, Development Services Permit Technician iorosco(a,westu.or 713-662-5834 3800 University Boulevard • West University Place, Texas 77005-2899 • 713.668.4441 9 www.westu.org Page 1 of 2 Josie Orosco From: Debbie Scarcella Sent: Thursday, January 24, 2008 3:22 PM To: Josie Orosco Cc: CraigNKoehI@houston.rr.com; Craig Koehl; Sean Landis; Chris Peifer Subject: FW: Urban Forest Code Amendment Please print out and hand out at the meeting tonight. Thanks. From: Jerry Dollinger [mailto:jerrydollinger@sbcglobal.net] Sent: Thursday, January 24, 2008 2:52 PM To: Debbie Scarcella Cc: jenicklas@att.net Subject: Urban Forest Code Amendment Debbie, Per our conversation earlier today, here is our input for the meeting tonight. We (Jan and Jerry Dollinger) have lived at 2915 Albans since 1976. We left the suburbs and moved to West University because of the warmth of the older homes and the beauty of the mature trees. One of the many attractions WU still holds for us is the trees - particularly the "significant" trees. These are the large and beautiful trees that have been around for over 50 years. I prefer your term of "heritage" trees. Whatever you call them, they have been destroyed in great numbers in the past 5 to 10 years. We would like to see the WU code in this area updated to place more focus on preserving these trees. Currently the focus seems to be on replacing these trees with smaller and younger trees. Often the replacement is accomplished with money to a tree fund. The property that lost the older tree doesn't even get a replacement in kind. In our opinion, this replacement policy doesn't work, because by the time a replacement tree is an old significant tree, it can be destroyed as well. It's a vicious cycle. The result is becoming a showcase inner-loop city with the look and feel of suburbia. Our focus for policy change is on individual home sites more so than city owned property. We want to share two examples to help illustrate the problem as we see it and offer possible changes to code. But before getting into the details, we want to say we recognize this is a balancing act for the city. There are the rights of the property owner to be balanced with the rights of the citizens of WU. In recent years it seems the balance has shifted too far toward the property owner who in most cases is a builder who is building a spec home. We would like to see a policy that encourages the builder to consider the value of these trees and build a house to take advantage of the tree's value - value for the home buyer, the immediate neighborhood, and the city of WU. Here are the examples. Late last year a significant oak on the property behind us, on Sunset, was cut down. This tree was within a few feet of the Northeast corner of the property. A floor plan could have been used that would have allowed that tree to survive. We suggest the code require the builder to use a floor plan that would save a significant tree standing close to the property line. The second example is the giant pine tree at 2901 Albans. This tree is probably the largest tree in WU. The property the tree sits on is being sold. We are hopeful, as well as many of our neighbors, that the builder will see the beauty and value of this magnificent tree and try to build around it. In this case the tree is more into the center of the backyard. But an L-shaped floor plan possibly could be used to build around the tree. A second solution for these once in a life time trees, would be for the city to purchase the property as a pocket park. nt i?annnQ 0 6 Page 2 of 2 We were comforted that your attitude toward this seems to agree with ours and appreciate you and the committee's work on this important issue. We would like to work with you toward our common end. Sincerely, Jerry and Jan Dollinger 713-299-5368 01/24/2008 2624 CENTENARY - GARAGE Existing Ordinance Replacement requirements Trees permitted for removal and replacement requirements _ Description Required replacement Comments _ 23" Water Oak 17.25" _ ',Thin canopy, not best condition Total replacement 17.25", must include at least two 4" tree Associated cost of replacement requirements_ Cost of planting trees 4" tree (8") $1,000.00 ea $2,000.00 five 2" trees (9.25") $220.0.0 ea $1,100.00 OR 3,100.00 Cost of Tree Trust Credits two 4" tree (8") x$1,500.00 ea $3,000.00 9.25" at 125.00/inch 125/in $1,156.25 - 14 $6.25 j i ' Canopy Area Calculations per Proposed Ordinance Include Curb to Property include to Centerline of ROW Lot size 50'x 105' 5,250 5,750 6,500 Canopy over Canopy over lot and Canopy over lot and to centerline Class 1 or 2 trees to be preserved subject lot permeable ROW of ROW 12" Sweetgum (adj lot)_ _ 180 180 180 4" Live Oak (Street ROW) 50 50 50 Total Area of Class 1 or 2 trees preserved 180 230 230 Canopy area coverage of lot 3% 4% 4% Proposed Ordinance Replacement requirements Trees permitted for removal and replacement requirements _ Trunk Area Replacement Description Rating percentage (sq in) (sq in) Comments 23" Water Oak 65%j 415!, 270IThin canopy, not best condition Total replacement 2701 Associated costs of replacement requirements_ Cost of Planting trees__ - - T 4 diameter trees 13 sq in/tree ' 21 @ $1,000 $21,000.00 OR diameter trees 28 sq in/tree 10 @ $1,500 $15,000.00 Tree Trust Credit Costs State average cost 64/s in at 270 s q. in. $17,280.00 Houston/Beaumont $84/sq.in. at 270 sq. in. j $22,680.00__ - $25/s .in. at 270 s q. in. $6,750.00 i I New Garage - _ & Guest Room : d Y Existing Deck tw Fit Kitchen + t /I -•.a V P Adclitiop. Move - rv , -~Bbq - 2`-U" Narth _ ' _ _ _ Extend ii Over Ads Roof ExF ting T♦` i - concrete Bove.way - - Extend R J f jj J^ I _ Remove _ Hip Stria Existing ~ House li - 4-~ I I i C) lr~'o 9 0 3502 NOTTINGHAM - NEW RESIDENCE Existing Ordinance Replacement requirements Trees permitted for removal and replacement requirements Description Required replacement' Comments _ 12" Crepe Myrtle i6" 12" Crepe Myrtle 6 ~ 12" Crepe Myrtle 6" fT Crepe Myrtle 'W Poor condition -4 12" Ligustrum 0" Poor condition T 32" Catalpa j0" Decay, Poor condition 6" Loquat - U. - 1 ! 10" Crepe Myrtle 0.. 29" Catalpa ! 14" Fair condition 10" Raintree 0" 6" Water Oak W Poor condition 7" Water Oak 0" Poor condition 1 _ Total replacement 1145", must include at least five 4" trees Associated cost of replacement requirements Cost of planting trees five 4" trees (20") $1,000.00 ea _06.W_! 5,0thirteen 2" trees (25 $220.00 ea $2,860.00 $7,860.00 _ Cost of Tree Trust Credits five 4" trees (20") $1,500.00 ea $7,500.00 i 25" at $125.00/inch $125/in $3,125.0- $10,625.00 ' '-Canopy Area Calculations per Proposed Ordinance Include Curb to Property Include to Centerline of ROW Lot size 75'x 150' 11, 50 13,950 16,875 Canopy over Canopy over lot and Canopy over lot and to centerline Class 1 or 2 trees to be preserved _ Isubject lot permeable ROW of ROW 22" Water Oak 1960 2374 2090 23" Water Oak 216 1315 2595 13" Water Oak , 530 680 830 Total Area of Class 1 or 2 trees preserved 2706 4369 6194 -I ~ Canopy area coverage of lot 24% 31% _ ° 37% Proposed Ordinance Replacement requirements Trees permitted for removal and replacement requirements Trunk Area Replacement Description Rating percentage (sq in) (sq in) Comments 12" Crepe Myrtle 1 35%-', 113; 401 - - 12" Crepe Myrtle 35% 113! 401 12" Crepe Myrtle _35%I113; 40I - 12" Crepe Myrtle 35%I 113! 40' 12" Ligustrum ! 10 _38 _ 41 Poor condition 32' Catalpa (1) 4" tree 13 Heritage tree, BSC approval required 6 Loqu oquat 10_%1, 281 10" 3'--- _ Crepe Myrtle 10°% 791 8 I 29" Catalpa 55% 660 3631 Heritage tree, BSC approval required _ 10" Raintree 10% 79' 81 6" Water Oak 85% 281 24, 7" Water Oak 85% 281 1 ! 13" Magnolia------ 85% 1-33J--- 1131 Total replacement 717 Associated costs of replacement requirements _ Cost of Planting trees OR 13 s in/tree T55 @ $1,0 $55,000.00 4" diameter trees __00_1_ $55, - r- - ~6" diameter trees 28 sq in/tree 26 @ $1,500 $39 000.00 Tree Trust Credit Costs I - State averaqe cos at 717 q uston/Beaumo - qq 1 Ho nt $25/sq.in, at 717 s .in. 1 $607,925 00 - - r " S ono €C Ia g 1 I: J y5 $ 3R - - - - I,.. - I C , Lr rr..,,.... 1 ao'-a ■GAII rMtD,~r..... ! l J LC' _r ' i --L - - Z- --7- 'IT- mayy--- . - , ( I I n I I 111 I ~iN~• ` I _ I -I I rn ' G I i~: I V 1' j F I r~ ' I Srl ~ J r:l f Ill I I II ~ J r I f I 1 R 11 id I t~,J IJ-~ 1- ':L ,'a I-I'1 Z/r -10 .-0 n u i m N j t' J.- j c - / I I i 2 1 f ' , -Y I y4 U \ I ~ fLl ~ ~ l I_ 1is c t~ t jig ' s I- - I,j O Aarr wlyowJlis yJ~e i 74, f i= f% r'y, i yy l i ' \ I p ' Lw. I f I , 7 - -f _C'~.nJ Tom' '.''.1..... _T4, V i I s' nlxlc wA.c Kt WA LP, x II ♦ ~ / 771111LL ~ ~J "'C 9$ ''W'°' c,. _ n { clr~,kt~ RE 3 5 0 2 N 0 T T I N TG~-1~ ' M S T R E ET -----------------------~i~ - - - - - - - 3620 PLUMB - NEW RESIDENCE Existing Ordinance Replacement requirements Trees permitted for removal and replacement requirements Description Required 24' Boxelder 0., _ Poor condition 10" Pecan 0" Poor condition 10" Rain_ tree _ 0" Poor condition 5" Pine Not protected by ordinance 7" Raintree on Poor condition' 11 " Pecan i v 29" Live Oak 29" - - - - Total replacement 40", must include at least four 4" trees Associafed cost of replacement requirements Cost of planting trees _ four 4" trees (16") $1,000.00 ea $4,000.00 _ twelve 2" trees (24") 220.00 ea $2,640.00 $6,640.00 - Cost of Tree Trust Credits four 4" trees (16") $1,500.00 ea $6,000.00 24" at $125.00/inch $125/in $3,000.00 T ~ II $9,000.00 Canopy Area Calculations per Proposed Ordinance Include Curb to Property Include to Centerline of ROW Lot size 100' x 150' 15,000 16,150 17,550 Canopy over Canopy over lot and Canopy over lot and to centerline Class 1 or 2 trees to be preserved subject lot permeable ROW of ROW 32" Water Oak 1558 2090 2090 17" Pecan 1080 1080 1080 30" Live Oak3024 3024 3024 Total Area of Class 1 or 2 trees preserved 5662 6194 6194 Canopy area coverage of lot 38% 38". 35% I Proposed Ordinance Replacement requirements Trees permitted for removal and replacement requirements Trunk Area Replacement Description Rating percent-age (sq in) (sq in) Comments - - 24" Boxelder ' 10%I -_4.52 _ 45 Heritage tree, BSC approval required, poor 10" Pecan + 35%' 79: 28 Poor condition 10" Raintree 10%79' 8 Poor condition 5" Pine - - 90%', 2018' 7" Raintree 35%' 38! 13 Poor condition 11 "Pecan 55%' 95 52I 29" Live Oak 85%' 707 601, Heritage tree, BSC approval required total replacement 765' Associated costs s of replacement requirements Cost of - - Plantin g - - - - - - - r 4' diameter trees 13 sq m/tree59 @$1,000 $5 59,000.00 OR 6" diameter trees 28 s in/tree 27 @ $1,500 $40,500.00 Tree Trust Credit Costs State average cost ',$64/s in at 765 s in. $48,960.00 - q.'m q. - - Houston/BeaumonTt $84/s . at $64,260.00 765 s in. I I' ~ $25/s .in. lat 765 sq. in. $19,125.00 3001 QUENBY - NEW RESIDENCE Existing Ordinance Replacement requirements Trees permitted for removal and replacement requirements r- Description Required replacement !Comments 10" Waxmyrlte 0" Poor condition - 7" Crepe Myrtle 0" Poor condition 17" Magnolia _ 12" Fair condition Total replacement 12", must include at least one 4" tree + Associated cost of replacement requirements cost of planting trees _ one 4" tree (4") $1,000.00 ea ! $1,000.00 _ four 2" trees (811) $220.00 ea $880.00 OR - $1,880.00 Cost of Tree Trust Credits - one 4" tree (4") $1,500.00 ea $1,500.00 8" at $125. /inch $125/in $1,000.00 $2,500.00 Canopy Area Calculations per Proposed Ordinance Include Curb to Property Include to Centerline of ROW Lot size 50' x 105' 5,250 6,800 9,125 Canopy over Canopy over lot and Canopy over lot and to centerline Class 1 or 2 trees to be reserved subject lot permeable ROW of ROW 20" Elm 250 550 1000 18" Pecan 280 640 1,017 Total Area of Class 1 or 2 trees preserved 530 1190 2017 ano area covera Canopy- PY ge of lot ' 10% 18°0 22% Proposed Ordinance Replacement requirements Trees permitted for removal and replacement requirements Trunk Area Replacement Description Rating percentage (sq_in)__- (sq in) Comments 10" Waxmyrtle 30%' 791 24' 7" Crepe Myrtle 30%' 38 11 Against house 17" Magnolia 85%', 227T'. 193 Total replacement 204: - I~ Associated costs of replacement require ments Cost of Planting trees _ 4" diameter trees 13 sq in/tree 16 @ $1,000 $16,000.00 OR diameter trees 28 sq in/tree 8 @ $1,500 T $12,000.00 OR - - Tree Trust Credit Costs State average cost $64/sq _ in at 204 sq_ .in. $13,056.00 Houston/Beaumont $84/sq.in. at 204 sq.in. $17,136.00 - $25/s .in. at 204 sq. in. $5,100.00 it (2u BY STREET al c? V 20.0' B L. - ~J to W 2-STORY ( RESIDENCE o ~ 1 ID m LJJ 20.0' B ~ 50.00' S 1 TE PLAN SCALE. 1' = 20'--0" 5-5-07 WLP 0717 NORTH 3615 ROBINHOOD • NEW RESIDENCE Existing Ordinance Replacement requirements Trees permitted for removal and replacement requirements Description Required replacement Comments 5" Crepe Myrtle Not protected by ordinance 5" Crepe Myrtle O" Not protected by ordinance 8" Crepe Myrtle 0" - - 8" Crepe Myrtle 0" - T - - 16" Crepe Myrtle 8" - Total replacement 8" no 4" diameter trees required Associated cost of replacement requirements Cost of planting trees - four 2" trees (8") $220.00 ea $880.00 - - --$880.00 - Cost of Tree Trust Credits 8" at $125.00/inch $125/in $1,000.00 $1,000.00 Canopy Area Calculations per Proposed Ordinance Include Curb to Property Include to Centerline of ROW Lot size 50'x 150' 7,500 8,000 8,750 ,Canopy over Canopy over lot and Canopy over lot and to centerline Class 1 or 2 trees to be preserved !subject lot permeable ROW of ROW 18" Live Oak 610 1017 1017 22" Pine 450 836 1520 19" American Elm 510 510 510 Total Area of Class 1 or 2 trees preserved 1570 2363 3047 Canopy area coverage of lot 21% 30% 35% Proposed Ordinance Replacement requirements Trees permitted for removal and replacement requirements Trunk Area Replacement Description Rating percentage (sq in) (sq in) Comments 5" Crepe Myrtle + 30% 20 6' 5" Crepe Myrtle 30%1 I - 20 61 - - ---T 8" Crepe Myrtle - 30% 50 151 8" Crepe Myrtle 30 50' 15I 16" Crepe Myrtle 35% 201 70 Total replacement 112 Associated costs of replacement requirements Cost of Planting trees - I4" diameter trees_ x,13 sq in/tree 9 @ $1,000 _$9,000.00 JOR 6" diameter trees 28 sq in/tree--' 4 @ $1,500 $6,000.00 _ - ----ice- Tree Trust Credit Costs State average cost $64/s in at 112 s .in $7,168.00 - - ,408.00__', _ Houston/Beaumont '$84/sq.in. !at 112 sq.m. $99, - - $25/s .in. at 112 s .in. $2,800.00 PROBSTFELD ASSOCIATES PROFESSIONAL LAND SURVEYORS 515 Pariz Grove, suite 102 Katy, Texas 77450 Offioe (281) 829-0034 Fax(281)829-0233 7jfo(S Robinhood Street c/L 47.77 W. CA 47.91 T/C X46.7 0 T/C 48.15 T/C 48.20 - G 17.55 G 47.57 G 47.fi3'-- C Set 1/2'"~ M_ Iron Rod FJ3 Iron Pipe W/gyp - • Fnd. 1/2' Fnd. 1/2' • - .43 • .49.91 50.38 Iron Pipe Iron Pipe tt 0 : ✓s~;~r~ „~1 # 75.01' 75.00' .Xt, • 24.' 24.8 0.2 (j 6 y,~0 cov. 6 ~ 9° 18 3.4 8 7.7 OA n ry pit I Z 3.8 'e ~C NG f` /rte Y \V -S r o, n 5 (D I FF 1 81 ti - '6TcWGE 'C"t0►4 ✓ 0.4 lV y' r t" f 5 L, o K odors ~oFG ~ce.~~ (D 0 J1 J O ZQ ui``°,~ 9.0 3 ~ ~na! 07 .7 Ao C'e" Ov 7d Lot 1 B ~1A c v e e d 1~ tiry Lot 2A I CA G ' 0 o.a 19 1 - 0, o o°°_ 1f1-tl~` v 3 1 V i~ 4,3, 135 ,CE swimming # NS m ~ ro # pod S ~o a w CKS) w TREE LEGEND y,~`•I• .r y,`6 y~~ No. Cir. DLR Type 30' \ 1 5.3 20' Pine. 5' 2 4.4 25' Oak 4.6 13.5 # #3 7.8 15' Crape Myrtl 3' Set 3' x 3' t•• y.. Set 31t x 3' _ 20' Ref. Rod Ref. Rod C, C~J 0.2 Y wrZ fence - No iron rod Md. or set Nq' Iron rod Md. or set (access denied) % West 50.00' (access denied) f Lot 4B Lot 58 - Lot 5A Ity of West University Place Benchmark No. 1 Elevation 51.59' NAVD88 (2001 adjustment) ONCRETE DRIVEWAY ON LOT 18 ENCROACHING OVER WEST PROPERTY LINE. enced to the recorded plat unless otherwise noted. I property. This survey has been prepared based upon Information provided by the title company. No independent investigation of the accuracy of the title erformed by the surveyor. Zoning ordinances and zoning building set back lines (IF ANY) are not shown. :OR: American Homes obinhood Street I hereby certify that the above 0 i Urban Forest Ordinance Update: Sec. 82.3: Tree protection (generally) Draft 12-3-07 Current Proposed Section 82.3. Tree protection. for (a) General duties. To protect four-inch-or-larger ff: 1. .i:l trees (anywhere in the City) and two-inch-or-larger trees e nts (located in an street area), all persons have these duties: Table 82-3. Tree protection, general duties p Get permits. Obtain tree permits as required by this chapter and comply with them. Get owner consents. Obtain the effective consent of all persons having a property interest in a tree before starting work that could damage the tree. Avoid damage. Avoid damaging trees (including critical root zones) by following the forestry manual and any permit conditions. Reduce damage. Minimize and mitigate tree damage, in ' accordance with the forestry manual and any permit conditions. (b) Development, pre- development, etc. For development or pre-development activity, this chapter and the forestry manual generally require a tree survey before issuance of a permit, and they impose protective measures i` (e.g., tree fencing). All issuing officials may insert special 1 conditions to carry out this chapter into any permit for development or pre-development activity. ~i 0 i Urban Forest Ordinance Update: Sec. 82.4. Tree permits Draft 12-3--07 Current Proposed Sec. 82.4. Tree permits. i, (a) When required. A tree permit is required to damage or remove any four-inch-or-larger tree (anywhere in the City) or any two-inch-or-larger tree (located in any street area). (b) Application. Any person may apply to the building official for a tree permit. The application must include: (i) the standard application form, fully- completed and signed; (ii) the standard application fee, if any; (iii) a tree survey, if required by the forestry manual; and (iv) a replacement tree planting plan, if required by the forestry manual. (c) Eligibility. A tree permit may be issued when ti the application shows: (i) compliance with this t chapter, the forestry manual and other applicable regulations, and (ii) that each tree fits at least one of t `tic iov"- these categories: Table 82-4. Trees allowed to be removed or damaged l Hazardous. Trees causing unavoidable, serious safety hazards (disregarding any proposed structures); e.g., they are structurally unsound or block views of traffic. Diseased, damaged, dead, suppressed. Trees that are dead, terminally diseased, severely damaged or severely suppressed by other tree(s). Interfering with building. Trees interfering with a lawful building, existing or proposed, but only if, based upon a detailed presentation of alternatives, the urban forester determines that there is no reasonable alternative that would avoid removing or damaging the tree. Interfering with other structure. Trees interfering with a lawful non-building structure, existing or proposed, but only if the BSC issues a special exception after finding that: (i) the circumstances are unique or exceptional; (ii) the interference is serious, unavoidable and likely to persist longer than one year, and (iii) there is no reasonable and feasible alternative that would preserve the tree. Upgrading. Class III or IV trees, but only if the urban forester considers all trees in or near the affected area and determines that removal will upgrade the urban forest, because, e.g.: (i) removal would end suppression of a higher-valued tree, or (ii) the permit requires one or more higher-value replacement trees in the affected area. (d) Advice, conditions. The urban forester shall advise the building official and BSC about applications and permits. They may insert permit conditions to carry out this chapter. (e) Issuance; BSC. The building official is the "issuing official" (see Chapter 18). However, BSC approval is required for: (i) an application to remove or damage a heritage tree, and (ii) an application referred by the building official because it involves an especially high impact on the urban forest, or because it does not clearly show eligibility for the permit. (f) Contents. Tree permits shall be in a form prescribed by the building official and shall contain: (i) provisions for replacement trees, when applicable, and (ii) an conditions prescribed b the issuing official. i • Urban Forest Ordinance Update: Sec. 82.5: Replacement trees Draft 1-7-08 Current Proposed Sec. 82-5. Replacement trees. Sec. 82-5. Replacement trees, generally. (a) Number of replacement trees . Tree disposition (a) When required. Every tree permittee shall replace trees conditions and tree permits authorizing removal of or removed or terminally damaged, unless exempted by the forestry damage to large trees or protected trees shall normally manual. require replacement by one or more newly-planted trees on (b) How and where. The forestry manual governs the the same subject site according to the "replacement inch" number, sizes, species, planting and maintenance of replacement stipulations in the criteria manual. To the extent on-site trees. The permittee shall plant replacement trees in the affected replacement is not feasible, the permittee may choose to: area of the tree permit. However, to the extent that the urban (1) Plant and maintain off-site replacement trees forester determines that it is not feasible (or not desirable) to within 1,000-feet of the subject site, subject to the plant in the affected area, the urban forester may allow the provisions of the criteria manual; permittee to replace trees by: (listed in order of preference) (i) (2) Provide a replacement-inch certificate from a tree planting in a street area within 1,000 feet of the affected area, (ii) trust or the UFEF, as provided in this section and the planting in a street-side yard within 1,000 feet of the affected criteria manual; or area, with the consent of the yard owner, or (iii) providing (3) Provide replacement inches by some combination replacement commitments through a tree trust or the UFEF. of the foregoing methods. (c) Replacement commitments. A replacement commitment Regardless of the method or methods chosen, the number of must guarantee plating and maintenance of a tree in the city, in replacement inches planted on the subject site, plus those accordance with the forestry manual. With the approval of the provided by alternate methods, must equal or exceed the urban forester, the commitment may guarantee the equivalent of number calculated according to the replacement inch replacement through maintenance or enhancement of trees in stipulations in the criteria manual. public spaces of the city. (b) Minimum size. Replacement trees must normally (d) Special commitments. With the approval of the urban have a trunk diameter of at least two inches measured six forester, a replacement commitment from a tree trust or the inches from the ground. If ten inches or more of UFEF may: (i) guarantee planting in the future, e.g., during the replacement inches are required by a permit, one winter season, or (ii) guarantee planting if a tree dies or declines replacement tree for each ten inches must have a trunk within a certain time period (and provide for a refund if it does diameter of at least four inches, measured six inches from not). the ground. Example: If 24 replacement inches are required, there must be at least two replacement trees with a trunk diameter of four inches or more. The urban forester may prescribe proportionally smaller trunk diameters for species of trees typically smaller than normal. (c) Qualified trees under zoning ordinance. To be a "qualified tree" under the zoning ordinance, a tree must comply with the definition of "qualified tree" set out in section 82-2. (d) Standard of review . The urban forester shall use reasonable best efforts to determine the type and number of replacement trees required in an attempt to minimize any undue burden resulting from this chapter. (e) Trees in street areas . Before authorizing the establishment or maintenance of a tree or decorative landscaping (or any related appurtenances such as lighting or a watering system) in a street area, the building official must: (1) Be satisfied that V.T.C.A., Transportation Code ch. 316 has been complied with; and (2) Determine there would be no violation of the provisions of this chapter relating to visibility triangles. The building official is designated by the city council to make the determinations contemplated by V.T.C.A., Transportation Code § 316.003. (f) Replacement inch certificates . If a tree trust or the UFEF issues an effective "replacement inch" certificate to the city, as provided in the criteria manual, the "replacement inches" described in the certificate are treated the same as replacement tree inches actually planted as of the date of the certificate. (g) Replacement inch credits. An owner of a site in the city who plants a class I or class II tree on that site is eligible to receive a credit for future "replacement inches." The owner may use the credit to offset the number of "replacement inches" assessed for protected trees removed from the same site at any time in the future. Credits are subject to the following: (1) Issuance . Credits are only available for trees registered with the urban forester within 30 days following the day they are planted. Registration requires application and proof of planting. The registration form shall specify the size and species of each tree planted and its location on the site. (2) Measurement . The number of replacement inches actually credited is determined by the urban forester at the time an offset in requested, based on the health and size of the previously-registered trees and applying the provisions of the criteria manual regarding calculation of replacement inches. (3) Transferability . Credits are not transferable to another site but may be claimed by subsequent owners of the same site. (4) Records . The city is not responsible for keeping registration or other records of credits. A person claiming a credit must present documents to show that the credit is available and applicable. (h) Urban Forest Enhancement Fund . The urban forest enhancement fund (UFEF) of the city is hereby established. The UFEF is subject to all restrictions on public funds and other funds of the city, including the requirement for annual budgeting. However, money in the UFEF may only be budgeted and spent for the following purposes: (1) Purchasing, planting or otherwise providing trees in public spaces in the city; (2) Maintaining or otherwise enhancing trees in public spaces in the city; or (3) Matters necessary or incidental to the above. Deposits may be made into the LTFEF by gift or other transfer. The director of finance is authorized to accept such deposits on behalf of the city and to issue: (1) Acknowledgments in the name of the city; and (2) "Replacement inch" certificates as provided in the criteria manual. (Code 2003, § 22.005; Ord. No. 1772, app. A, 8-16-2004)