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HomeMy WebLinkAbout04052007 BSC Agenda Item 2 ai • 'c cp01117164h± 11) 4islort • Chapter 82 URBAN FOREST PRESERVATION ENHANCEMENT Sec. 82-1 Purpose—No comments. Findings—Do we need this OR do we add to purpose with some of Mr. Yehle's recommendations in his comment(REY11)? Additional help and direction? Sec. 82-2 Definitions 1st paragraph—no comments. Circumference—No comments. Criteria Manual—(Change to)—shall mean the standards and specifications based on generally accepted practices developed by the City for sound arboricultural practices, techniques and procedures which shall serve as guidelines for trees regulated by this Section, including but not limited to tree classification, planting, alteration, treatment, protection, and removal as approved by the City Council, and available through the Building Official. Critical Root Zone — Change to—means the circular area measured outward from the tree trunk representing the essential area of roots that must he maintained or protected for the tree's long term survival. The Critical Root Zone area shall be one foot of radial distance for each inch of tree DBH. For Significant Trees located within 8 feet of street curb, the Critical Root Zone area shall he one and a half feet of radial distance for each inch of tree DBH. Damage—Change to—means taking any action which causes or may reasonably he expected to cause the tree to die including, without limitation, damage inflicted on greater than 30% of the Critical Root Zone by machinery, storage of materials or soil compaction on greater than 30% of the Critical Root Zone; substantially changing the natural grade on greater than 30%of the Critical Root Zone; pruning of more than 30% of a tree's canopy; paving with concrete, asphalt, or other impervious materials over greater than 30% of the Critical Root Zone; or failing to comply with specific direction provided in a Tree Disposition Plan and Permit. (30%threshold is industry standard for long term tree preservation, and it will help to quantify"Damage" for contractors in design/planning and for staff in enforcement) (Insert/Add DBH) DBIl(Diameter at Breast Height) shall mean the tree trunk diameter measured in inches at a height of 4.5 feet (54 inches) above natural grade or the D1311 measurement according to the most current publication,of the Guide for Plant Appraisal as published by the Council of Tree and Landscape Appraisers. On tree trunks that branch at a point lower than 4.5 feet, measure the smallest point below the lowest branch. On multiple • • trunk trees take measurement of largest stem and V.2 the diameter of all remaining stems I" diameter and larger. Large tree—Change to—means a tree with a DBH of 6 inches or more. In case a tree is removed, it is presumed to have been a large tree if the diameter of the stump is six inches or greater, measured in any direction. Located—no comments. Low Value tree —no comments. Minimum Planting Standard—Change to—means the minimum standard for total number of Qualified Trees which must be present on a site regardless of the number of pre-existing or replacement trees, as set forth in the criteria manual. Multiple trunk—no comments. Protected Tree—No comments on paragraph 1 or 2. Change paragraph 3 to— When a permit has been applied for, or when there is a permit in effect for development or pre-development activity on any subject site, "protected tree" includes all large trees located on that subject site. Qualified tree—no comments. Remove—no comments. Replacement tree—no comments. (Add) Replacement tree planting plan shall mean a plan submitted by owner in form or manner specified by the urban forester providing the method of replacement for required replacement plantings, that identifies the location, size, and species of all new trees proposed as replacement for the protected trees being removed and/or any Tree Trust or Urban Forestry Enhancement Fund credits in lieu of replacement plantings. Right of way area—No comments. Significant tree—(Change to)—means a tree with a DBH of 12 inches or more In case a tree is removed, it is presumed to have been a significant tree if the diameter Of the stwnp is 12 inches or greater, measured in any direction. Street gutter—no comments. Street side yard—no comments. Subject site—no comments. • Tree—(Change to)—means any woody plant with one well-defined stem and a more or less definitely formed crown usually attaining a height of at least 8 feet; however wider certain environmental conditions, some tree species may develop multiple trunk or shorter growth form. Tree disposition—no comments. Tree permit—no comments. Tree survey- (Change to)—means an on the ground survey which accurately identifies the location of trees, their DBH species, Critical Root Zone area, and other data, all as more particularly described in the criteria manual. Unless otherwise indicated in the criteria manual, the tree survey must depict for any given subject site: (1)Every large tree located in the subject site; and (2)Every large tree located elsewhere which has 30 percent or more of its Critical Root Zone in such subject site. Tree trust—no comments. Urban Forest Enhancement Fund—No comments. Urban forester—no comments. Visibility triangle—no comments. Dale CITY OF WEST UNIVERSIrt PLACE .�. A A ` GE .42. . SUMMarY The City of West University Place has identified a need for proactive urban forest management practices. Public officials seek to promote the health,safety and general welfare for the Community as a whole. Conservation and enhancement of the natural beauty of the City's public trees will serve to advance these goals. The following general objectives can be derived from improved preservation,reforestation, maintenance,and correction of hazard tree conditions. 1) Preserve existing tree canopy. 2) Create a healthful environment for the City's residents and businesses. 3) Mitigate the harmful effects of sun,wind and temperature changes. 4) Buffer noise,air and visual pollution. 5) Filter pollutants from the air and assist in the generation of oxygen. 6) Reduce storm water runoff and the potential damage it may create. 7) Stabilize soil and prevent erosion. 8) Provide habitat for birds and other wildlife. 9) Screen incompatible land uses. 10) Promote energy conservation. 11) Protect and enhance property values. 12) Raise public awareness of the benefits of planting and maintaining trees in an urban environment. 13) Increase the public's knowledge of proper tree care including measures to reduce potential fire hazard with the establishment of defensible space around buildings and other structures. Goal The City of West University Place has set forth that trees and the urban forest within their Community are important. The urban forestry goal of the City is as follows: • The urban forest of the City should be preserved and enhanced,to the maximum extent feasible,consistent with the property rights of its citizens. -Charter and Oniinance;•Urban Forest Preservation and Enhancement;City of Wert University,Texas,July 31,2003 City of West University Place 7 Urban Forest Management Plan • • Priority Action Itlems—Short Temi These short-term action items should be initiated in the order of priority indicated below(if possible).It should be noted that some items may overlap(occur simultaneously),be ongoing and\or even completed before a higher priority. • Inform homeowners of trees on their property that create hazardous situations. • Develop,adopt and implement a reasonable care policy for hazard trees and general risk reduction. • Monitor trees on an annual basis for structural,disease,or cultural problems. • Inform the public of all ongoing urban forestry activities. • Seek and welcome public input. • Provide training for all city personnel involved in issues that impact tree health and safety. • Maintain the Urban Forest Preservation&Enhancement Ordinance for improved planting and protection of trees by City and private sectors. Long-Term / Ongoing Action Items There is no particular order for initiation of these long-term action items.More than one item may be in progress at the same time. • Increase the number of trees planted along the public rights-of-ways and on public lands in available planting spaces. • Continue public education and involvement in the planning,care,maintenance,benefits and costs of the urban forest. • Provide training in-house personnel on all phases of urban and community tree care. • Develop a program to train personnel on the importance of proper technique when working around trees. This program should target the following disciplines within the city: • All maintenance personnel including those active in mowing and trimming operations. • City employees responsible for maintenance and repair of all city infrastructure services. • Contractor responsible for installing new water lines,sewer lines,storm sewer lines and other utilities requiring permitting through the city. City of West University Place 8 Urban Forest Management Plan • • • Continue and develop working relationships with local and regional utilities. • Improve species diversity in new plantings. Provide for incremental removal of "Low Value Trees". • Continue the tree replacement program for those removed for health,safety or species reasons. Summary of Conditions and Recommended Action To summarize the condition of the major resources available in the City of West University Place,the overall condition of the urban forest is fair to good. Particular areas of concern fall into the categories of • Address current hazard and routine maintenance concerns. • Tree planting initiative with improved species diversity. • Community Education Program including City departmental personnel. For Purposes of Text Flow and Congruency of Subject Matter—THIS SPACE LEFT INTENTIONALLY BLANK] City of West University Place 9 Urban Forest Management Plan arywneefs - -F49 o'l • [REYl]One overarching thought is that the final Ordinnce should be simplistic enough that residents (not just builders or tree services) can feel they understand it. Almost everyone knows the city has a tree ordinance but not many can cite the essential details of it. It may take a lot of words to explain how it is administered but the concept of what is allowed should be easier to quote than it is in parts of this draft. [REY2]Should brutal trimming causing mishaped trees be included as"damage"? [REY3]Lot's of things "could"result in a tree's death. Is this too much latitude and hence an invitation to abusive enforcement by an overambitious authority? [REY4]Trenching and covering the critical root zone is common practice and often unavoidable. Twice it was done to a tree in my yard for essential reasons in the 90's(and probably without a tree permit). With encouragement the 50-year old live oak is still alive. These well-intended terms could lead to abusive enforcement. [REY5]Why do we have four classes of trees? It seems ordinances don't administer Class I trees any differently than Class II trees. We should only have the number of classes that we need for different enforcement situations. [REY6]Should this concept be amended now that all streets have curbs? Does the ordinance address the railroad side of properties of Community? [REY7]Does this address crepe myrtles,or are they not considered to be trees? [REY8]"Damaging" is a very broad term subject to interpretation. Suggest it be modified to connote a degree of severity or perhaps"probable mortal damaging". [REY9]Should driveway visibility triangles be contemplated? [REY1O]There are too many distinctions. Keep it simple. [REY1111-low and where in the Code of Ordinances is"project" defined? [REY12]This suggests that the Ordinance"authorizes" all existing(healthy)trees to exist. Is that the case? Despite the warm and fuzzy preamble,I think there should be a functional preamble that states words to the effect that the City asserts rights over all trees wherever they are within the City Limits,and that the Ordinance governs how those trees are managed,disposed of and possibly added to. Such a statement would establish a frame of reference as to why there are so many pages describing how things work. [REY13]The referenced notice must be different than the standard posting of permits. Because poor tree management is irreversible,a large,colorful realtor-type sign should be required before and during the work. [REY14]Two working days would be better to deal with weekend situations. [REY15]Should these trees meet a minimum qualification in some manner? [REY16]I would like to see the Ordinance or tree plan extended to encourage planting of future trophy trees along major thoroughfares such as Buffalo Speedway,University,etc.to systematically provide replacement of dead or missing trees and in anticipation that today's trees will eventually perish and need replacing. [REY17]This is good stuff,but unless someone plants one seriously big tree,it essentially says that no tree can be planted in a visibility triangle area(which should inlcude driveway visibility triangles). If that is intended, why not rewrite this to say exactly that,leaving the possibility of an exception should someone have plans for planting a mature tree? • • 1-30-07 Chapter 82 URBAN FOREST PRESERVATION AND ENHANCEMENT[REY>] Sec. 82-1. Purpose; findings. (a) Purpose . The purpose of this chapter is to preserve and enhance the urban forest of the city. (b) Findings . The city council has determined the following: The urban forest is of great value in the maintenance of public health and welfare. The urban forest can aid in the conservation of vital energy resources and natural resources and in the preservation of the city's heritage and quality of life. Trees are a valuable amenity to the urban environment, creating greater human comfort by providing shade, cooling the air through evaporation, restoring oxygen to the atmosphere, reducing glare, reducing noise levels,_providing an ecological habitat for songbirds and other animal and plant species, providing for more effective transitions between different land uses and breaking the monotony of urbanized development, pre-development, or construction. The urban forest of the city should be preserved and enhanced, to the maximum extent feasible, consistent with the property rights of its citizens. Sec. 82-2. Definitions. Unless the context otherwise clearly requires a different meaning, the following terms, as used in this chapter, shall have the meanings indicated below. Circumference of a tree means the circumference (or "belt") of its trunk, measured as prescribed in the criteria manual and in figure 1 attached to the criteria manual. For conversion to diameter, the circumference can be divided by 3.142. Criteria manual means the "criteria manual" dated February 1994, a copy of which is on file in the office of the city secretary, which is hereby approved, adopted and incorporated into this chapter by reference. Critical root zone means, for any given tree, the area within a circle centered on the trunk location. The circle's diameter is one-half the sum of the broadest and the narrowest drip line diameters. See figure 1 b attached to the criteria manual. Damage[REY2] a tree means to take any action which could[REY3] result in a tree's death, either immediately or at any time within two years following the action. Some examples of such action, which are not intended to limit this definition, are as follows: severing the main trunk or large branches or large roots, girdling, poisoning, carving, mutilating, touching with live wires, piercing with nails or spikes, crushing or exposing the roots, digging or drilling any hole larger than three cubic feet (or a trench) within the critical root zone, covering a substantial part of the critical root zone [REY4]or compacting a substantial part of the soil in the critical root zone. Diameter of a tree means its circumference divided by 3.142. • Large tree means a tree with a circumference of 19 inchesdiameter of six inches or more. In case a tree is removed, it is presumed to have been a large tree if the diameter of the stump is six inches or greater, measured in any direction. Located . A tree is "located" within an area if any part of its trunk is within the area at ground level. Low-value tree means a tree included in "class IV" of the criteria manual (see appendix) which is evaluated by the urban forester under the criteria manual and assigned a total rating less than 30 (out of 40 possible points). Minimum planting standard means the minimum standard for total number of trees which must be present on a site regardless of the number of pre-existing or replacement trees, as set forth in the criteria manual. Multiple-trunk tree means a tree with two or more trunks visibly connected above the ground. Protected tree includes: - -- - - • . _ . , . = a. A front yard; b. A street side yard (of corner sites); or c. A right of way area ; and *.' - perm irrrrrt,,:n effect 4 e...r . _- . - __ .-. on any subject site, "protected tree" includes all large trees located on that subject site. Qualified tree means any tree listed in Class I or II [REYS]of the criteria manual which has a trunk diameter of at least two inches, measured six inches above the ground. Remove means to cut down, or remove a tree by any other means. Replacement tree means a tree meeting the minimum criteria for replacement trees as set out in the criteria manual and this chapter. Right-of-way area includes all parts of a street area, including: (1) The paved or improved roadway; (2) The sidewalks; (3) The curbs or ditches; and (4) All other paved or unpaved areas in the street area. The "right-of-way area" for an individual site includes only the area between the property line of the site and the centerline of the street area (i.e., the directly abutting area in the street area). A corner site has a right-of-way area both in front and on the side. • • Significant tree means a - e - - . •• `- •• - e •• tree with a diameter of 12 inches or more. In case a tree is removed, it is presumed to have been a significant tree if the diameter of the stump is 12 inches or greater, measured in any direction (Also see definition of large tree.). Street gutter flow line means the street gutter flow line of the curb adjacent to and bordering upon a visibility triangle. If there is no curb, the height restrictions set forth in this chapter shall be based upon the actual level of the street area adjacent to and bordering upon the visibility triangle. [REY6] Street side yard means the setback area required by the zoning ordinance and measured from the side street line of a building site or a potential building site. Subject site , for any given development or pre-development activity, includes: (1) The building site or other site, upon which the development or pre- development activity would occur; plus (2) The right-of-way area for that site. Tree means a woody plant having one well-defined stem [REY7Ior trunk, a defined crown and a mature height of at least eight feet. Tree disposition conditions rn ans conditions approved by the urban forester pertaining _ e' ee e- . e d - •e• - •-• a ee••-• _ - _e-•-• occurs. See section 82 3. Tree permit means a valid permit issued by the building official authorizing removal, killing or damading[REYSJ a tree. of or damage to a protected tree. Tree survey is an on-the-ground survey containing the location of trees, their circumferences, types (species), crown areas (drip line) and other data, all as more particularly described in the criteria manual. Unless otherwise indicated in the criteria manual, the tree survey must depict for any given subject site: (1) Every large tree located in the subject site; and (2) Every large tree located elsewhere which has 30 percent or more of its critical root zone in such subject site. Tree trust means any person or entity which meets all of the following criteria: (1) It is operated on a profit-making or not-for-profit basis; (2) The urban forester has determined that it has the resources, organization and expertise to plant and maintain trees successfully in an urban setting and in compliance with certificates issued to the city; and (3) The urban forester's determination has not been revoked or suspended. Urban Forest Enhancement Fund or "UFEF" means the fund established as such by this chapter. • • Urban forester means a person so designated and acting under this chapter. Visibility triangle [REV9imeans the area at a street corner lying within a triangle beginning at the precise intersection point of the curbs of each of the two streets forming the corner and extending 20 feet along each curb line away from the curb intersection point, with the third side being determined by drawing a straight line connecting the ends of such 20-foot extensions. If there is no curb on such a street, the 20-foot line defined in zoning ordinance shall follow the central flow line of the ditch paralleling the uncurbedstreet. The visibility triangle may include both public and private property. Sec. 82-3. Requirements, generally a Killin• dama•in. removin. trees. The re•uirements for killin. dams•in• or removing a tree within the city depend upon the class of tree (determined in accordance with the criteria manual) and the size of the tree, as follows: Table 82-3. Requirements for killing, damaging or removing a treelRErnoi Prior notice' Tree permit2 Class I, II and III trees Smaller than 2-inch diameter Not required Not required 2-inch diameter or larger(but smaller than 6-inch diameter) Required Some'imes required3 Large (6-inch diameter or larger) Required Some`imes required' Significant(12-inch diameter or larger) Required Required Class IV trees Smaller than 6-inch diameter Not required Not required Large (6-inch diameter or larger but smaller than Required Not required 12-inch diameter) and located in a--- ---front yard ---street-side yard (or a corner site) ---street area Significant(12-inch diameter or larger) Required Requ ed • • Indicates prior notice must be given to the urban forester in accordance with the criteria manual, when requ red. 2 Indicates that a tree permit must authorize killing, damaging or removing the tree, when required. 3 For Indicated size and classes of trees, no tree permit is required unless the tree was planted as a required replacemei tree, with the consent of the owner of the subject site. 4 For indicated size and classes of trees, a permit is required if: (i)there is development for pre-development activity) contemplated or in progress on the same subject site or(ii)the tree is located in a front yard, a street side yard (of a corner site) or a street area. Tree disposition;-surveys. (a) General requirement . Every permit for development or predevelopment section. (b) Essential and man-datory conditions- . Tree disposition conditions are the most important means of protecting the urban forest of the city from unreasonable harm • e•'a. 0ma e e e . •• e- a a , e- - : • .• -e, - - - e . ••- e-e e e-..e •• be authorized; authorized; and C. Damage to or removal of a low value tree may be authorized. (2) Require replacement trees, to the extent provided in the criteria manual, for . •* - e -e 'e •: e replacement is required for low value trees. (b) Development, pre-development activity. For every projectmEyii] involving development or pre-development activity, there must be a tree permit. Exception: No tree permit is required if the urban forester determines in writing that the activity will not have any significant, adverse effect upon any large tree. It shall be the duty of every person who engages in development oure-development activity to take effective measures to: (i) protect all trees with a diameter of six inches or more from killing or damaging not authorized by a tree permit (this includes protection of critical root zones), and (ii) minimize and mitigate any damaging of trees that may be authorized [REY 1 2]bY a tree permit; all in accordance with this chapter, the criteria manual and any specific permit conditions that may apply. (c) Major development. It shall be the duty of every person who receives a permit for major development at a subject site to provide trees sufficient to (3) Require methods of protection to be used. cond-itions-ma y.specify methods of mitigation to be used. (5) Require, if there is major development, that the affected subject site attain, for that site, a-the minimum planting standard of tree density as set forth in the criteria manual. (G)—PraGedure--,The-b-uilding-offic-ial-s-h-all-not issue any permit for-any-clevelepment-GF prod- . - =etmm--t activity-urn - e - e lowing--h-ave-first occurred: • : '"" ** e e 0- e. • forester must have been inserted into the permit. The urban forester may require all persons owning land - - ' e .e e - 0 -00e e e e-00-e- e (d) "Low impact"exception . Except for the requirement to insert the mandatory not have-any-significant, advers- - - 5- a . - =- - - - .-'•- e •• - *- ' forester, Sec. 82-4. Tree permits. (a) Form. Permit required . A tree permit is required for removal of or damage conditions as described above. See section 18 5 for a more particular description of the -0 - - - . A tree permit may be issued as a separate permit, or it may be issued as a part of a related permit (e.g., a permit for development or pre- development activity). In either case, the building official is the issuing official and shall prescribe the type and form,- (b) Criteria for issuance of permits . The building official shall only issue a tree permit if there is a written application signed by the applicant and in proper form (with all fees paid). The building official may require the permittee for any related development or pre-development activity to sign the application and become a permittee for the tree permit. A tree permit may only authorize killing, damaging or removing a tree in the following circumstances: if- - * - and either (2) or (3) are present: (1) Application . An application for the permit must be filed by the owner of the area where the tree is located. If the tree is located on a property boundary, all owners must join in the application. (1) The-the tree in question is diseased, severely damaged or dead, or (2) the tree creates a hazard to human life or an existing building structure, or (3) the tree is a low-value tree ,4n-anyof-th- - - , e- •- - ° --* as *a S e. .as e az . 500-0 -e .. asks - or (4) the tree . (3)- Tree as impediment to proposed use of the subject site = - causes an unreasonable impediment to construction, use and or enjoyment of an existing, new or expanded structure on the property. (c) Additional criteria (unreasonable impediment). The following additional criteria apply to any Any-permit issued in this case issued for the "unreasonable impediment" circumstance (see above): (1) the applicant must submit a current tree survey that complies with the criteria! manual, (2) the urban forester must review the survey and the proposed permit, and (3) the permittee must provide replacement trees for all trees killed or removed, in accordance with this chapter and the criteria manual. shall he reviewed-by the urban forester ane •- -= - - - - • -- -*.' -* •' a • -.I. --s are to be located on a subject • • e• e e = e , • - - • hall also require that they be thereafter maintained. If the-such a permit would authorizes damage to a protected tree, but not killing or removal, the permit must contain conditions reasonably calculated to minimize the damage, and it shall also to the protected tree (and may require replacement trees: -or an "if-it-dies" replacement inch certificate in lieu of replacement trees--if the urban forester determines there is a 20% or greater chance the tree will die within five years.). (d) Utility line protection. The building official may issue a special tree permit for tree work to protect utility lines. Such permits need not specify each tree to be damaged, killed or removed, but instead, may include standard protocols governing trimming and (where necessary) removals. Each protocol must be submitted to and approved by the urban forester, for compliance with the general purposes and intent of this chapter. It shall be the duty of each permittee to notify the owner or occupant of each subject site where tree work will be done, at least 48 hours before the work commences. The notice must include a copy of the approved protocol, or immediate means of obtaining a copy at no cost (such as, for example, a website). Consent of the owner of the subject site is not required, except for work outside public ways or utility easements. Replacement trees are not required for work covered by an approved protocol and tree permit. (e) Responsibilities of permittees. Each permittee is responsible, before killing, damaging or removing a tree, to obtain the effective consent of each person who owns the tree or has a legally-protected interest in the tree, except as otherwise provided in this chapter. It shall be the duty of each permittee to post a notice [REY13]On any significant tree to be removed, at least 48 hours [REyiajbefore the work commences. The notice shall be in the form and location prescribed by the criteria manual. Sec. 82-5. Replacement trees. (a) Number, location of replacement trees . When replacement trees are required by this chapter, it shall be the duty of the permittee to provide and maintain (for at least one year) Tree disposition conditions and tree permits authorizing removal of or eeee- -- -.e e •tt ••. - -e -"-- e one or more newly-planted trees [REY1510n the same subject site. aGoording-to-the "replacement inch" stipulations in the criteria manual. To the extent on-site replacement is not feasible, the permittee may choose to: (1) Plant and maintain (for at least one year) off-site-replacement trees within 170001,500-feet of the subject site (or farther, if the planting site is accessible by residents of the city on a daily basis)-,- subject to the provisions of the criteria manual; (2) Provide a replacement-inch certificate from a tree trust or the UFEF, as provided in this section and the criteria manual; or (3) Provide replacement inches by some combination of the foregoing methods. Regardless of the method or methods chosen, the number of replacement inches planted on the subject site, plus those provided by alternate methods, must equal or exceed the number calculated according to the replacement inch stipulations in the criteria manual. • • (b) Minimum size. 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. (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 [REY16]. 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. A "post-dated" replacement inch certificate must guarantee replacement by a stated future date. An "if it dies" certificate must guarantee replacement if a specified existing tree dies within five years (and the certificate may allow a refund if the tree does not die within five years). (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 UFEF 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. Sec. 82-6. Protective fencing. (a) Fences required . Unless otherwise specified in a city permit, tho le e° e e =- e•e' .e• all cirtical root zones likely to be affected by tree to be preserved must be fenced during development or predevelopment activity must be surrounded by fences, in accordance with this section. (b) Fence criteria . . - - e. ee , a-e. 'e• -- e . • • - fencing of the critical root zonoProtective fencing must: - - - • -Unless the tree disposition conditions specify otherwise: (1) A (i) be at least six feet high, (ii) six foot or higher fence must surround each protected tree or group of protected trees, effectively preventing people, machinery, r• -� s- -w• err � • •� 'a - - - - -• " (2) The-fence-must be constructed of chain link or solid wood _ •_ - -'_ : e materials supported on poles firmly set in the ground, (iii) (3) The fence must be able to resist intrusions and impacts likely to be encountered on a construction site; and (iv) contain prominent warning signs in accordance with the criteria manual. Protective fencing (4) The fence may incorporate existing fences or walls as well as temporary fencing. and • -• - •- . e' a :..".-. '.. . - e • '- - - �_ manual: (c) Fence permit . A separate fence permit is not required for construction of a temporary protective fencing fence under this section, if a building permit for the war* project is in effect. -- - -e- - e e- -e-e; • . (d) Trash, storage, parking prohibited . It shall be unlawful for any person to use area inside protective fencing_,required by this section, for trash • • disposal, storage, vehicle parking or any other use that could adversely affect tree roots. Sec. 82-7. Visibility triangles. It shall be unlawful for any person to plant, grow or maintain any plant, except a tree, within a visibility triangle, if the plant has (or probably will have) a height greater than three feet above the street gutter flow line. It shall be unlawful for any person to plant, grow or maintain a tree which has branches or foliage within or above a visibility triangle at a height lower than 15 feet [IEYynabove the street gutter flow line. It is presumed that a person who owns or controls real property within the city_maintains all trees and plants on that property. The city may enter a visibility triangle and remove growths prohibited by this section, and there shall be no liability to others for taking or not taking such action. Sec. 82-8. Administration; appeals, etc. (a) Urban forester. The city manager shall appoint an experienced and qualified person to be chief urban forester for the city. The city manager may designate one or more other urban foresters to act in the absence of the chief; persons so designated may not necessarily be employees of the city, but the city manager shall make an adequate provision for obtaining their services by contract if they are not city employees. A person designated as urban forester must hold at least a bachelor's degree from an accredited four-year college or university in urban forestry or arboriculture or must have equivalent skills and experience. (b) Referral; duties . The building official shall refer tree surveys, too d+sposition conditions and applications for tree permits to a designated urban forester, who shall work with the applicant and other city departments as required to administer the provisions of this chapter. The urban forester may establish categories of simple, routine or low-risk surveys, plans and applications, which may be handled summarily, without submission to the urban forester. The fees for such applications may be reduced accordingly, if so provided in the fee schedule. (c) Applicability to city projects . For all city projects that may impact large trees, the appropriate documents (tree permits, tree surveys and tree disposition conditions) shall, whenever practicable, be submitted to the urban forester for evaluation and recommendations, prior to public hearings (if held) or final decisions taken by city council or city staff. City approval of a city-owned subject site or project shall constitute approval for actions affecting the trees. City-owned subject sites or projects shall follow the same guidelines for tree replacement as private subject sites or projects, except as authorized by the city council. (d) Reference and training. The city manager is authorized to obtain training and reference materials for the building official and other city staff members who may be called upon to enforce this chapter. The building official is authorized to maintain reference materials on file and to make them available, without charge, to persons who request information in connection with construction or other activities within the city that could affect the urban forest. (e) Cooperation. It is the desire of the city to establish a cooperative working relationship with persons seeking to improve property within the city. Interested persons i • are invited and encouraged to meet and confer with city staff and to retain the services of expert foresters to provide advice and assistance to themselves and the city. The urban forester shall use reasonable best efforts to determine the type and amount of replacement trees required in an attempt to minimize any undue burden resulting from this chapter. (f) Decisions and appeals . When making decisions or performing other duties under this chapter, the urban forest and the building official both shall be subject to the standards and procedures generally applicable to the building official under this chapter. Appeals of decisions made by either the building official or the urban forester, and applications for variances, are heard by the building and standards commission, in accordance with this chapter. Notwithstanding any other provision to the contrary, the commission, when considering an application for a variance: (1) Shall take into account efforts to avoid or mitigate removal of and damage to trees, particularly trees highly-evaluated under the criteria manual; and (2) May take into account the financial cost of compliance with this chapter, particularly as it compares to the cost of other work the applicant may be proposing. Sec. 82-9. Violations. (a) Removal, damaging, killing of protected trees . If this chapter requires a tree permit to damage, kill or remove a tree within the city, it shall be unlawful: Except ac (1) For a person to remove,_-or damage or kill a-protectedthe -tree intentionally, sr-knowingly or negligently; (2) For a person to cause or allow the tree to be removed, damaged or killed, who owns or controls any site, intentionally or knowingly, if the tree is to cause or allow a protected tree to be removed or damaged, if it is located within a site that the person owns or controls or site or within the right-of-way area of that site. (3) For a person who obtains apermit for development or pre- development activity to fail to take effective measures to prevent the removing, damaging or killing of the tree during, or in connection with, any activity authorized by that permit. It shall also be unlawful for an any person to damage, kill or remove a tree within the city without giving prior notice to the urban forester, if this chapter requires such notice. (b) Affirmative defenses . It shall be an affirmative defense to prosecution under this chapter for removing, damaging or killing a tree, that- e' e - _r *• •. " r'rr r r r._ r> ••• •r _• •. . -�. ... • ri .-Y^ } {2-)—A1-1-all of the following four circumstances were present: a. Immediate action to remove, damage or kill the tree in question was necessary to prevent harm to people or property; b. A tree permit application was filed within ten days thereafter; c. An appropriate tree permit or amendment was obtained; and • S d. There was full compliance with all conditions of the permit or amendment. (c) Conditions . It shall be unlawful for any person who applies for or receives a tree permit regulated by this chapter to fail or to refuse to comply with a condition of the permit or this chapter. (d) Related permits. If there is a violation of this chapter at a subject site, the issuing official for any Any-related permit for the same subject site in question (including any permit for development or pre-development activity) may withhold or suspend the related permit until the violation has been cured and mitigated, to the satisfaction of the urban forester. For this purpose, the urban forester shall apply the standards and criteria specified in this chapter and the criteria manual. •-_ . e- • •- e - • -- condition is complied with to the satisfaction of the urba-n-fe v,ter, building official or any e •- _ - • ••-••: •= _re called upon to enforce this chapter. (e) Revocation, suspension. All tree permits are subject to revocation or suspension as provided for in chapter 18. Sec. 82-10. Other regulations; conditions. (a) Conflicts with other regulations . In any case where another city ordinance, rule or regulation would require the removal, damage or death of a large tree, under circumstances where this chapter would prohibit such action, it is the intent of the city council that all of the applicable regulations shall be read together and harmonized so that, if reasonably practicable, the large tree is not removed, damaged or killed. (b) Liberal interpretations authorized . All city officials, boards and commissions are authorized and encouraged to interpret other ordinances, rules and regulations liberally in order to minimize conflicts with this chapter and to protect existing large trees, except in circumstances where there might be hazards to persons or property. (c) Variances . The need to protect or preserve a large tree shall be considered a sufficient "hardship" in all cases where a hardship is required for the issuance of a variance under city ordinances, unless additional grounds are required by state law.