HomeMy WebLinkAbout05032007 BSC Agenda Item 2 • •
Craig's Comments 4/5/07
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 (REY 11)? Additional help and direction?
Sec. 82-2 Definitions
15` 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 t:he circular area measured outward from the tree
trunk representing the essential area of roots that € ust be 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 be 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 be
expected to cause the tree to (lie 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)
D1>'l'! (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 DBH 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 end '.z the diameter of all remaining stems
1"" diameter and larger.
Large tree—Change to— means a tree with a l: BH 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, ghat 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 I)BH 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.
Street gutter—no comments.
Street side yard—no comments.
Subject site—no comments.
• •
Tree—(Change to)— means any woody plant with one well-defined stern and a more or
less definitely formed crown usually attaining a height of at least 8 feet:. however under
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 Diii, 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.
,_ 01--- WEST ' HIVERSiTY PLACE
URBAN FOREST MANAGEMENT PLAN
Ex utive 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 Ordinance.;Urban Forest
Preservation and Enhancement;City of West University,Texas,Jab 31,2003
City of West University Place 7 Urban Forest Management Plan
• •
Priority Action Items—Short Term
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
• Page l of l
Debbie Scarcella
From: Richard E Yehle
Sent: Thursday, February 01, 2007 7:10 AM
To: Michael Ross
Cc: James Dougherty
Subject: Tree Ordinance
Michael,
As the BSC contemplates the Tree Ordinance, I suggest they step back and consider the purpose of the
ordinance, whether it is achieving its major objectives, and how it might be adversely affecting some people.
It seems that most people find pleasure in mature trees but the tendency of developers, especially speculative
developers, to clear-cut lots before construction prompted the ordinance. It was logically extended to everyone,
not just developers. It was also designed to consider all trees in the City, whether they are in the public right of
way or on private land.
We are now trying to tighten up the ordinance for valid reasons but could be losing sight of keeping a balance
between protecting well-placed trees without impinging on individual rights. I see a major shortcoming is that big
trees can still be felled, subject to replacement trees being provided, but that the replacement tree "penalty" is not
severe enough to save mature trees or to quickly mitigate their loss.
A case in point is the lot at 6400 Buffalo Speedway. In the process of building the current new house, three large,
healthy trees were taken down. All were arguably in the footprint of the speculative house, but only one truly
impacted the design of the house. In other words, a different design could have saved two big trees. No
significant replacement trees were provided on the site or nearby. In my opinion the ordinance failed its primary
purpose.
At the same time, I am aware of another property containing many protected trees. The owner would like to take
one down because it poses a problem for him. The absence of the tree would hardly be noticed. However, the
owner is keeping the relatively modest tree because he does not want to pay the Tree Ordinance fees associated
with its removal. In this case I don't think the ordinance serves the public interest very well.
The unique thing about the Tree Ordinance compared to other rules is that the consequence of non-compliance is
irreversible. Somehow we need to find a better balance between an ordinance that makes sense but does not
unduly prevent the "free" use of private property. We cannot protect all trees, but when trees, especially large
existing trees are taken down, an ordinance that provides a faster route to replacing the canopy in the immediate
area would be preferred.
I have offered comments on the revisions being considered by the BSC is considering but those remarks do not
address the issue above. I think the problem outlined here is more important than most of the other issues.
Regards,
Dick Yehle
4/24/2007
le�� �' S ( tip�>� S _ �� b �'�
EY1]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.
[REY11]How 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.
[REYI5]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?
• •
1-30-47
Chapter 82
URBAN FOREST PRESERVATION AND ENHANCEMENT[REYI]
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 3142.
i O
Large tree means a tree with a ere inference 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.
•, - . .. .0-
(1) A significant tree anywhere in the city;
(2) A large tree located within any of the following=
a. A front yard;
b. A street side yard (of corner sites); or
�p�[c.,.. A right of way area ; and �^..
(4)---"'Y�h -there-is _. :
When a '�• wr • a • ' ,., a a►w w•rr ! r< w..... n .� wv-ra -activity
r r .. II• • M JM Al l3 ♦.w r.- 44 �..i w
a yap i
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 tree with circumference of 36 inchestree 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 [REY7]or trunk, a defined crown
and a mature height of at least eight feet.
sr.i . s• . ee : a:.. . ." . ::. a !r a . r .'*•*5
to the disposition and pro cction of trees when development or predevelopment activity
occurs. See section 82-3.
Tree permit means a valid permit issued by the building official authorizing removal,
killing or damaging[REY8] 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 [REY9]means 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 Mir). dama.rin.. removin• trees. The resuirements for killin• dama•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 tree[REYIO] Prior notice' Tree aermit2
Class I, II and Ill trees
Smaller than 2-inch diameter Not required Not required
2-inch diameter or larger(but smaller than 6-inch diameter) Required Some'imes
required?
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 Required
•
indicates*rior notice must be iven to the urban forester in accordance with the criteria manual, when re u red.
2 indicates that a tree .ermit must authorize killino, damailins or removine the tree, when resuired.
For Indicated size and classes of trees, no tree_permit is required unless the tree was planted as a required replacement
tree,with the consent of the owner of the subject site.
For indicated size and classes of trees a ermit is resuired if: i there is develo ment or sre-develoirnent activit
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 dispositioni-GuFveys:
section,
* -• -0 a. ro. 'tta . a a-
*. e t *.a.-" wat a 'ea " eta.'" * a— fe• eat`—** a :
(1) Prohibit removal of or damage to any large tree, except:
144s-dis aced, severely damaged or dead may
be authorized;
authorizedi-and
C. Damage to .r removal of a low value tree may be authorized.
as -e 5. --*-* at
eplacement is require ee-s
(b) Development pre-development activity. For every project
..[REY11] involving
development or ire-develosment activit . there must be a tree •ermit. Exceition: 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 en a es in development or pre-development_._....,_ eto take effective
measures to: (i) protect all trees with a diameter of six inches or more from killing or
damailins not authorized b a tree *ermit this includes erotection of critical root zones
and ii minimize and mitioate an damaiinik of trees that ma be authorized [REY12113V
tree permit; all in accordance with this chapter,Alem.itena . lanual 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 (a)---- eeruite
'ea
4 It' ae.' a. .a at ' a 5. .. 4- • aa *- iaaaa as a* am' .e. -e a-
cond-ittenstriay-specify-methods of mitigation to be used.
44. 440 'I* *0 . 4. **4,0•0 • • attain, for that
site, a-the minimum planting standard of tree density as set forth in the criteria manual.
Proccdu . * -414a11-4-4,94-4°,Lie ** _ a * -lopment-oF
pfodovelopmefft-aetivitywless all of the-fo * ,'...4-1q.ave first 0.6-6tiffedri-
**' .4 " ft' 1 " *5* 5* 4'0 • S' C .
persons-"g--I. -eels located to-agree to any removal of or damage to
net-have-any-sgnificantiadverse effect upon any large tree-, as determined by the urban
forester.
Sec. 82-4. Tree permits.
(a) Form. Per it required A tree permit is required for removal of or damage
_as 5* e- - ea S * aae, e- 'e e a-
-e.. aa- a a. *- a A tree permit may be issued as a separate permit, or it
may be issued as development or Pii
develoiment activit In either case the buildins official is the issuin• official and shall
prescribe the type and form.-
(b) Criteria for issuance-of-pefrnite---. 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
fgespajc1). 12e.,,pgiiittee for any related development
or .re-develo•ment activit to skin the a•slication and become a sermittee for the tree
sermit. A tree .ermit ma onl authorize killin. dama•in• or removin• a tree in the
following circumstances: if-subse 's- -(2 --e-r--3)--arc present:
•• *5 - . . ee 'ea e ea aa' aa . 5 .55, 5
where the tree is locaged. 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 0;
structure, or
(3) the tree is a low-value tree,7-1-n-a-ny-of- at a a , a a . 5-
(4) the tree . vs* -:°- °
aa -- *-- 's- 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
surve that cornelies with the criterial 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-be reviewed by the-urban forester and-snall-fequirc that-a . •50 -• -trees
required by this ch pter be pia ed. If replacement trees arc to be located on a subject
site cent s -$ .- mittee, thermit s# a-El-ai o e q-u-iwe-#f=iat-they-be-hoer after
--.'- .'--o. If the-such a permit weu -authorizes damage to a . tree, but not
killing or removal, the permit must contain conditions reasonably calculated to minimize
the damage, and it shall also e -- - -: -- :i 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 .neater chance the tree will die within five ears.}.
(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
dammed killed or removed but instead ma include standard srotocols .overnin.
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 [REYI3]on any
significant tree to be removed, at least 48 hours [REY14lbefore 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 . .
..•• :- !6 . .- -. . = - -: -- ,. - ., -.. ; , - •- e •ne or
more newly-planted trees [REYIs]on the same subject site®
"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 Lfor at least one year) off-site-replacement trees
within 14)001 ,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 , 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 [REY161. 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
ears and the certificate ma allow a refund if the tree does not die within five gears
(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, the applicable
e' e* _se` °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° a a °_• •e° ° • - e- • e
fencing of the critical root zonoProtective fencing must: •- - . _ =-.
Unless the tree disposition conditions specify otherwise:
(i) be at least six feet high. (ii) cix foot or higher fence must surround each
-.* .:.. a as a ai w =* w as a* :•..*a asR a'.. a=
�,... a aar.'" a. . a. a a. •.. . " _. O s.'Y . .5 =r - a`.w .a a a. . •
(2) The fence must be constructed of chain link or solid wood durable, highly visible
-• - °.. 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
O The fence may incorporate existing fences or walls, as well as temporary fencing;
and
. ,a •e • as�. .•f :' . �i •'•.a ,.. • aw a s . a a. `■ as iii
(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 work
project is in effect. and includes tree disposition conditions.
(d) Trash, storage. arking prohibited . It shall be unlawful for any person to
use area within thoinside 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 [REYl7]above 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,--tree
disposition GenditioRs 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
•
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
.ermit to damage kill or remove a tree within the pit it shall be unlawful: Except as
(1) For a person to remove or damage or kill a protectodthe -tree
intentionally,or knowingly or negligently;
(2) For a person to cause or allow the tree to be removed, damaged or
killed, •i _ • s- • intentionally or knowingly, if the tree
located within a site that the sewn owns or controls or site or within
the right-of-way area of that site.
(3) For a person who obtains a permit for development or pre-
development activity to fail to take effective measures to prevent the
removing damaging or killin of the tree durino or in connection with an,
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-
•t. - a .• ':•°
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
• •
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. •• • •- : - • •
other city staff member; : . • : -nforcc this chapter.
(e) Revocation. suspension. All tree permits are subject to revocation or
suspension as provided foin 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.
• •
Appendix A: Classes of Trees
Trees are divided into four Basses. Class one and two trees are considered the most valuable in
enhancing the environment and are the most likely to prosper in this area. Species that are classified as
shade trees will reach a height that will conflict with overhead powerlines, permanent structures, or the
canopy will exceed the limits of a confined space. Species that are classified as ornamentals or shrubs
will not provide the protection or aesthetic impact of a shade tree, yet they are suitable for planting
beneath powerlines or within limited spaces. Following the common and botanical names for each
species, the following information is provided:
Class (one through four)
Origin
N - Native
I - Introduced
Site
1 -Xerophytic(requires little water)
2- Mesic(requires moderate water with good drainage)
3-Aquatic(requires significant water, tolerates poor drainage)
Light
1 - Full Sun
2 - Moderate Sun
3- Shade
Size
1 - 80 to 100 feet in ultimate height(shade tree)
2 -30 to 80 feet in ultimate height(small tree to shrub)
3- 10 to 30 feet in ultimate height (shrub to bush) .•
For example,the code for Live Oak is 1/N/2/1/1, which indicates that the Live Oak is a Bass one
species that is native to Texas, requires moderate water with good drainage, demands or tolerates full
sun, and will exceed 80 feet in ultimate height. As a shade tree, the Live Oak will provide protection and
an aesthetic impact but the tree is not suitable for planting beneath powerlines or within confined spaces.
COMMON NAME BOTANICAL NAME CLASS NA SiTE UGHT si ZrE
White Ash Fraxinus americana 1 N 2 1 1
Common Bald Cypress Taxodrum distichum 1 N 2 2 1
Cedar Elm Ulmus crassifolia 1 N 2 1 1
Winged Elm Ulmus alata 1 N 2 1 1
Black Hickory Carya texanus 1 N 2 1 1
Shagbark Hickory Carya ovata 1 N 2 1 1
American Holly Ilex opaca 1 N 2 2 2
Southern Magnolia Magnolia granditolia 1 N 2 1 2
Drummond Red Maple Acer rubrum var. drummondii 1 N 2 1 1
Bur Oak Quercus macrocarpa 1 N 2 1 1
Chinquapin Oak Quercus muhlenbergii 1 N 2 1 1
Live Oak Quercus virginiana 1 N 2 1 1
Nuttall Oak Quercus nuttallii 1 N 2 1 1
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COMMON NAME BOTANICAL NAME CLASS Nn SITE LIGHT SIZE
Overcup Oak Quercus lyrala 1 N 2 1 1
Shumard Red Oak Quercus shumardii 1 N 2 1 1
Swamp Chestnut Oak Quercus prinus 1 N 3 1 1
Water Oak Quercus myrtifolia 1 N 2 1 1
White Oak Quercus alba 1 N 2 1 1
Willow Oak Quercus phellos 1 N 2 1 1
Texas Palm Sabal texana 1 N 2 1 1
Pecan Carya illinoensis 1 N 2 1 1
American Sweetgum Liquidambar stryaciflua 1 N 2 1 1
Eastern Black Walnut Juglans nigra 1 N 2 1 1
Red Bay Persea borbonia 1 N 2 2 2
Mexican Buckeye Ungnada speciosa 1 N 2 1 2
Scarlet(Red) Buckeye Aesculus pavia 1 N 2 2 3
Carolina Buckthorn Rhamnus caroliniana 1 N 2 1 3
Possumhaw Holly Ilex decidua 1 N 2 1 2
American Hombeam Carpinus caroliniana 1 N 2 2 2
Sweet-Bay Magnolia Magnolia virginiana 1 N 2 2 2
Texas Mountain-Laurel Kalmia latifolia 1 N 1 1 3
Palmetto Sabal minor 1 N 3 3 3
Texas Persimmon Diospyros texana 1 --N 1 1 3
Texas Pistache Pistacia texana 1 N 1 1 3
Tulip-Tree Liriodendron tulipifera 1 N 2 2 2
Arrow-wood Virbumum Viburnum dentatum 1 N 2 2 3
Rusty Blackhaw Viburnum Viburnum rufidulum 1 N 2 2 3
Wax Myrtle Myrica cerifera 1 N 2 1 3
Anacua Ehretia anacua 2 N 2 1 3
Green Ash Fraxinus pennsylvanica 2 N 3 2 1
River Birch Betula nigra 2 N 3 2 2
American Elm Ulmus americana 2 N 2 1 1
Black Gum (Water Tupelo) Nyssa aquatica 2 N 3 2 1
Common Honey-Locust Gleditsia triacanthos 2 N 2 1 2
Date Palm Phoenix canariensis 2 I 2 1 1
Desert Palm Washingtonia filifera 2 I 1 1 1
Common Persimmon Diospyros virginiana 2 N 2 1 2
Snowbell St yrax americana 2 N 2 1 2
Western Soapbeny Sapindus drummondii 2 N 2 1 2
Page CM-20
• •
COMMON NAME BOTANICAL NAME CLASS Nn SITE LIGFfT SIZE
American Sycamore Platanus occidentalis 2 N 2 1 1
Wright Acacia Acacia wrightii 2 N 1 1 2
Woollybucket Bumelia Bumelia lanuginosa 2 N 2 2 2
Rough-leaf Dogwood Comus drummondii 2 N 2 3 3
Parsley Hawthorn Crataegus marshallii 2 N 2 2 3
Yaupon Holly Ilex vomitoria 2 N 2 2 3
Huisache Acacia famesiana 2 N 1 1 2
Indigo-Bush Amorpha fruticosa 2 N 2 2 3
Cherry Laurel Prunus caroliniana 2 N 2 2 3
Chalk Maple Acer leucoderme 2 N 2 1 2
Silver Maple Acer saccharinurn 2 N 2 1 2
Paloverde Parkinsonnia aculeata 2 N 1 1 2
Mexican Plum Prunus mexicana 2 N 1 1 3
Lime Prickly-Ash Zanthoxylum fagara 2 N 1 1 2
Eastern Redbud Cercis canadensis 2 N 2 2 2
Sassafras Sassafras albidum 2 N 2 2 2
Virginia Sweetspire 'tea virginica 2 N 3 2 3
Weeping Willow Salix babylonica 2 N 2 1 2
Common Witch-Hazel Hamamelis virginiana 2 N 2 1 3
Arborvitae Thuja spp. 3 I 2 1 1
Arizona Ash Fraxinus velutina 3 I 2 1 1
Berlandier Ash Fraxinus berfandieriana 3 I 2 1 1
Camphor-Tree Cinnamomum camphora 3 I 2 1 1
Deodar Cedar Cedrus deodara 3 I 2 1 2
Eastern Cottonwood Populus deltoides 3 N 2 1 1
Chinese Elm Ulmus parvifolia 3 I 2 1 1
Siberian Elm Ulmus pumila 3 I 2 1 1
Black Locust Robinia pseudoacacia 3 N 2 1 2
Box-Elder Maple Acer negundo 3 N 2 2 2
Red Mulberry Morus rubra 3 N 2 1 1
White Mulberry Morus alba 3 N 2 1 1
Florida Sabal Palm Sabal spp 3 I 2 1 1
Common Pear Pyrus communis 3 N 2 1 2
Loblolly Pine Pinus taeda 3 N 2 1 1
Slash Pine Pinus el/oittii 3 N 1 1 1
Page CM-21
• 0
COMMON NAME BOTANICAL NAME CLASS Nn SITE LIGHT size
Gulf Black Willow Salix nigra 3 N 3 1 2
Japanese Yew Podocarpus macrophyllus 3 I 2 1 2
Cedar spp. Juniperus spp. 3 I 2 2 2
Common Crapemyrtle Lagerstroemia indica 3 I 2 1 3
American Elderberry Sambucus canadensis 3 N 2 2 3
Flowering Crabapple Malus spp. 3 I 2 1 2
Common Fig Ficus carica 3• N 2 1 3
Ornamental Holly Ilex spp. 3 I 2 2 3
Juniper spp. Juniperus spp. 3 I 2 2 2
Loquat Eriobotrya japonica 3 I 2 2 2
• Japanese Maple Acer palmaturn 3 I 2 1 3
Mock-Orange Philadelphus spp. 3 I 2 2 3
Russian Olive Eleagnus anigustifolia 3 I 2 2 3
Mediteranean Fan Palm Chamaerops humilis 3 I 2 2 3
Mexican Fan Palm Washingtonia robusta 3 I 2 1 3
Sago Palm Cycus revoluta 3 I 2 2 3
Windmill Palm Trachycarpus martianus 3 I 2 2 3
Callery Pear Pyrus calleryana 3 I 2 1 2
Japanese Black Pine Pin us thunbergi 3 I 2 1 2
Ornamental Plum Prunus blireiana 3 I 2 1 3
Purple-leaf Plum Prunus cerasifera 3 I 2 1 3
Pomegranate Punica granatus 3 I 2 1 3
Hercules-Club Prickly-Ash Zanthoxylum clava-herculis 3 N 1 1 2
Rose-of-Sharon (Althea) Hibiscus syriacus 3 I 2 1 3
Vitex Vitex agnus-castus 3 I 2 1 3
Chinese Tallow Sapium sebiferum 4 I 2 1 2
Chinaberry Melia azedarach 4 I 2 1 2
Mimosa (Silktree) Albizia julibrissin 4 I 2 1 3
Oleander Nerium oleander 4 I 2 1 3
Golden Rain-Tree Koelreutera formosiana 4 I 2 1 2
Sugar Hackberry Celtis Laevigata 4 N 2 1 1
S.ecies of trees that are not included in the above listine should be valued b the Urban Forester.
Page CM-22