HomeMy WebLinkAboutORD 1929 Amending Chapter 82 relating to TreesCity of West University Place
Harris County, Texas
ORDINANCE NUMBER 1929
AN ORDINANCE RELATING TO TREES; AMENDING CHAPTER 82 OF THE
CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE,
TEXAS AND THE CRITERIA MANUAL DEFINED IN SUCH CHAPTER; AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. (a) Subsections "(b)," "(c)" and "(d)" of Section 82-5 (entitled
"Replacement Trees") of the Code of Ordinances of the City of Vilest University Place,
Texas are hereby amended as set out in Appendix A, which is attached to and made a
part of this ordinance.
(b) The "criteria manual" referred to in Section 82-2 (entitled "Definitions") of the
Code of Ordinances of the City of West University Place, Texas is hereby amended by
adding the table entitled "Updated Tree Classification" set out in Appendix A-1, which is
attached to and made a part of this ordinance.
Section 2. All ordinances and parts of ordinances in conflict with this Ordinance
are repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph, section or other
part of this Ordinance or the application thereof to any person or circumstance, shall
ever be held to be invalid or unconstitutional by any court of competent jurisdiction,
neither the remainder of this Ordinance, nor the application of such word, phrase,
clause, sentence, paragraph, section or other part of this Ordinance to any other
persons or circumstances, shall be affected thereby.
Section 4. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at which
this Ordinance was discussed, considered or acted upon was given in the manner
required by the Texas Open Meetings Act, as amended, and that each such meeting
has been open to the public as required by law at all times during such discussion,
consideration and action. The City Council ratifies, approves and confirms such notices
and the contents and posting thereof.
Section 5. This Ordinance shall take effect on the tenth day following its
publication, as provided in the City Charter ("Effective Date"). This Ordinance shall
apply to: (i) applications for tree permits, tree disposition conditions and similar
permissions filed on or after the Effective Date, as well as plantings and other actions
resulting from such applications; and (ii) offenses committed on or after the Effective
Date (and, for this purpose, an offense is committed on or after the Effective Date if any
element of the offense occurs on or after the Effective Date). Other applications,
plantings and offenses are governed by the ordinances in effect at the time, and such
ordinances are continued in effect for that purpose.
PASSED, APPROVED AND ADOPTED ON FIRST READING on August 23,
2010 , 2010.
PASSED, PPROVED AND ADOPTED ON SECOND AND FINAL READING
o~ W f $~h e , 20
City Secretary (Seal)
Recommended:
City anager
ned: '1'41- X-d-~
ayor
Approved as to legal form:
City Attorney
Prepared by James L. Dougherty, Jr.
Appendix A
Subsections (b), (c) and (d)
of Section 82-5 (entitled "Replacement Trees')
of the Code of Ordinances
are amended as follows:
(b) Minimum size; species; diversi Replacement trees must normally have a
trunk diameter of at least two inches measured six inches from the ground. If ten inches
or more of replacement inches are required by a permit, one replacement tree for each
ten inches must have a trunk diameter of at least four inches, measured six inches from
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. Replacement trees must be Class I or Class II, according to the list in the
criteria manual. However, on each subiect site, trees must be selected and planted to
achieve diversity, so that no more than 30% of the trees on the site belong to any single
genus. Exception: If necessary to achieve a matched or paired planting, two trees may
belong to the same genus.
(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, and must meet the same criteria as replacement trees.
(d) Growth space, etc. Standard of . Each replacement tree and qualified
tree must be planted in a growth space which:
(1) contains at least 200 square feet, contiguous, with no dimension
smaller than ten feet;
(2) can absorb at least three inches of water per hour (over the whole
area
(3) does not contain any compacted, stabilized, paved or solid material, at
any level; and
(4) otherwise supports tree establishment and growth.
Grout-free stones or pavers are not prohibited in a growth space, if the space meets all
such criteria. No more than one shade tree may be planted per 200 square feet of such
growth space. The urban forester shall use reasonable best efforts to determine the
type and number of FeplaGemeRt trees and growth space, Wired in an attempt to
minimize any undue burden resulting from this chapter.
Appendix A-1
The "criteria manual"
referred to in Section 82-2 (entitled "Definitions")
of the Code of Ordinances of the
City of West University Place, Texas
is amended by adding
the following as part of Appendix A of
such criteria manual:
Updated Tree Classification. The following classification table applies to trees planted pursuant to
applications for tree permits, tree disposition conditions and similar permissions filed on or after the
Effective Date of the ordinance which adopts it. The existing classification list continues to apply to all
other trees. Exception: For purposes of removal or replacement, a tree categorized as Class IV in the
following table shall be a Class IV tree, regardless of when an application for it was filed.
Soecies Genus Notes
Class I
Live Oak
Quercus
Shumard Oak
Quercus
Nuttall Oak
Quercus
Water Oak
Quercus
Durrand Oak
Quercus
Bur Oak
Quercus
White Oak
Quercus
Swamp Chestnut Oak
Quercus
Laurel Oak
Quercus
Polymorpha Oak
Quercus
Chinquapin Oak
Quercus
Winged Elm
Ulmus
Cedar Elm
U/mus
Drummond Red Maple
Acer
Bald cypress
Taxodium
Montezuma Cypress
Taxodium
Southern Magnolia
Magnolia
Little Gem Magnolia
Magnolia
Mexican Sycamore
P/atanus
Loblolly Pine
Pinus
Longleaf Pine
Pinus
Class II
White Ash
Fraxinus
Green Ash
Fraxinus
PeeaR
-G a
Hickory species
Carya
Black Walnut
Juglans
American Holly
Ilex
Sweetgum
Liquidambar
Chinese Pistache
Pistacia
Texas Pistache
Pistacia
River Birch
Butula
American Elm
U/mus
Lacebark Elm
U/mus
Suitable for restricted grow space and power lines
Suitable for restricted grow space and power lines
Suitable for restricted grow space and power lines
American Sycamore
Platanus
Redbud
Cercis
Suitable for restricted grow space and power lines
Texas Moutain Laurel
Sophora
Suitable for restricted grow space and power lines
Saucer Magnolia
Magnolia
Suitable for restricted grow space and power lines
Gum Bumelia
Bumelia
Eastern Red Cedar
Juniperus
Black Tupelo
Nyssa
Red Bay
Persea
Suitable for restricted grow space and power lines
Parsley Hawthorne
Crataepus
Suitable for restricted grow space and power lines
Trident Maple
Acer
Anacua
Ehertia
Cherry Laurel
Prunus
Basswood
Tilia
Fringe Tree
Chionanthus
Suitable for restricted grow space and power lines
Hophornbeam
Ostrva
Suitable for restricted prow space and power lines
Flameleaf Sumac
Rhus
Suitable for restricted grow space and power lines
Class Itl
Any species not included in
Class I, II or IV
Class IV
Chinese Tallow
Sugarberry (Hackberry)
Silver Maple
Arizona Ash
Chinaberry
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