HomeMy WebLinkAbout06282007 BSC Agenda Item 2 •
Tree Ordinance Revision
Suggested work plan
(1) Review first group of suggested changes (tonight) BSC
(2) List additional changes that may be desired BSC
( ) Eliminate multiple permit types
( ) Require prior notice for certain tree removals
—To City
—To neighbors (posting?)
( ) Require a "protocol" for utility line trimming
( ) Change minimum planting standard
( ) Clarify application and boundary problems
( ) Require maintenance of replacement trees
( ) Allow "post dated" replacement certificates
( ) Allow "if-it-dies" replacement certificates
( ) Other:
(3) Prepare full draft of proposed ordinance STAFF, UF &
COUNSEL
Prepare "mark up" of criteria manual STAFF & UF
Comment on "mark up" COUNSEL
(4) Review full draft and "mark-up" BSC
(5) Request final changes and corrections BSC
(6) Prepare final ordinance and new criteria manual STAFF, UF &
COUNSEL
(7) (Optional) Final review (written report?) BSC
(8) Submit to City Council STAFF
(9) Attend City Council meeting to discuss STAFF &
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Chapter 82 URBAN FOREST PRESERVATION AND ENHANCEMENT
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 of its trunk, measured as prescribed in
the criteria manual and in figure 1 attached to the criteria manual. For conversion to
diameterDBH, 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 circular area measured outward from the
tree trunk representing the essential area of roots that must be maintained or protected for,
the tree's long term survival.within a circle centered on the trunk location. The Critical
Root Zone area shall be one foot of radial distance for each inch of tree DB H. 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. circle's diameter is one
half the sum of the broadest and the narrowest drip line diameters. See figure lb attached
to the criteria manual.
Damage a tree means to take any action which causes or may reasonably be expected to
cause the tree to die including, without limitation, damage inflicted on greater than 30'1
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 that 30% of the Critical Root Zone: art nin of more than 30% of a tree's cans. ;
_aving with concrete as halt or other im ervious materials over (Yreater than 30% of the
Critical Root Zone; or failing to comply with specific direction provided in a tree
disposition plan and permit. could result in a tree's death, either immediately or at any
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zone.
DBH(Diameter at Breast Height) shall mean the tree trunk diameter measure 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 the measurement of the largest stem and 1/2 the diameter of all remaining stems
I" diameter and larger.
"Heirloom" or "Heritage" Tree means a Class I or Class II tree with. a DBH of 25
inches or more and is evaluated at 35 points or higher per the criteria manual. In case a
tree is removed, it is presumed to have been an heirloom or heritage tree if the diameter
of the stump is 30 inches or greater, measured in any direction.
Large tree means a tree with a circumference of 19 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. 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 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 tree means a tree with two or more trunks visibly connected above the
ground.
Protected tree includes:
(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
c. A right-of-way area; and
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(3) 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 means any tree listed in Class I or II of the criteria manual, which has a
trunk diameter of at least two six 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.
Replacement tree planting plan shall mean a plan submitted by the perznittee in a form
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 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 large tree with a DBH circumference of 36 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,
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.
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.
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Tree means any woody plant having one well-defined stem or trunk;and a more or less
definitely formed defined crown usually attaining a height of at least 8 feet; and rt mature
height of at least eight feet. However under certain environmental conditions some tree
species may develop multiple trunk or shorter growth form.
Tree disposition conditions means conditions approved by the urban forester pertaining to
the disposition and protection 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 of or
damage to a protected tree.
Tree survey is means an on-the-ground survey which accurately identifies containing the
location of trees, their circumferenccsDB[1, types (species),
fie)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 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 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 uncurbed street.
The visibility triangle may include both public and private property.
Sec. 82-3. Tree disposition; surveys.
(a) General requirement. Every permit for development or predevelopment activity
must contain tree disposition conditions meeting the requirements of this section.
(b) Essential and mandatory conditions. - .'. •-. ' .
development and predevelopment activity. Tree disposition conditions shall:
(1) Prohibit removal of or damage to any la -tree, except:
a. Removal of a tree which is diseased, severely damaged or dead may be
authorized;
b. Damage to or removal of a tree which causes an unreasonable
impediment to the use and enjoyment of the applicant's property may be
authorized; and
c. c, Damage to or removal of a low-value tree may be authorized;
d. With a special exception authorized by the Building and Standards
Commission. damage to or removal of a tree or trees impeding the
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reforestation and canopy renewal of the urban forest may be
authorized if one Qualified tree. 8 inch (DBIn per 1,00() square feet of
lot area is replanted: and.-
e. With a special exception authorized by the Building and Standards
Commission, damage to or removal of an heirloom or heritage tree
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may be authorized if the replacement plantings meet two times the
DBH in replacement inches as per the replacement requirements of
this chapter.
.niter.
(2) Require Require replacement trees, to the extent provided in the criteria
manual, for any large trees authorized to be damaged or removed. Exception: No
replacement is required for low-value trees.
(3 Require protection for large trees (and critical root zones). The
conditions may specify the methods of protection to be used.
(4) Require Require that any authorized damage to trees be minimized and
mitigated. The conditions may specify methods of mitigation to be used.
(5) (-5 --'-Require, if there is major development, that the affected subject site
attain a minimum planting standard of tree density as set forth in the criteria
manual.
(6) Require the submission of a tree replacement planting plan subject to the
approval of the Urban Forester.
(c) Procedure. The building official shall not issue any permit for any development or
predevelopment activity unless all of the following have first occurred:
1) Tree survey. The applicant must have filed a tree survey, and the urban
forester must have approved it for compliance with this chapter.
(2) Tree disposition conditions. Tree disposition conditions approved by the
urban forester must have been inserted into the permit. The urban forester forester
may may require all persons owning land where a tree is located to agree to any
removal of or damage to the tree authorized by the conditions.
(d) "Low-impact"exception. Except for the requirement to insert the mandatory
conditions, this section does not apply to a subject site, project or other activity that will
not have any significant, adverse effect upon any large tree, as determined by the urban
forester.
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Sec. 82-4. Tree permits.
(a) Permit required. A tree permit is required for removal of or damage to any protected
tree, unless the damage is separately authorized by tree disposition conditions as
described above. .See section 18-5 for a more particular description of the requirement
for a tree permit.'
(b) Criteria for issuance of permits. The building official shall only issue a tree permit if
subsections (1) 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.
(2) Tree in poor condition; hazards; low-value trees. The tree in question is
diseased, severely damaged or dead, or the tree creates a hazard to human life or
an existing building, or the tree is a low-value tree. In any of these cases, the
permit shall be issued without special conditions or replacement requirement.
(3) 04—Tree as impediment to proposed use of the subject site. The tree in
question causes an unreasonable impediment to use and enjoyment of
property. Any permit issued in this case shall be reviewed by the urban
forester and shall require that any replacement trees required by this chapter
be planted. If replacement trees are to be located on a subject site controlled
by the permittee, the permit shall also require that they be thereafter
maintained. If the permit would authorize damage to a protected tree, but not
removal,the permit must contain conditions reasonably calculated to
minimize the damage to the protected tree (and may require replacement
trees).
(4) Tree or Trees as impediment to the reforestation or canopy renewal of the
urban forest. The tree or trees in question causes an impediment to the
reforestation and canopy renewal of the urban forest. Any permit issued in
this case shall be reviewed by the urban forester and referred to the Building
and Standards Commission for consideration of a special exception
authorizing the removal of the tree or trees in accordance with the criteria as
established in Section 82-3 (b) 1 (e).-
Sec. 82-5. Replacement trees.
(a) Number of replacement trees. Tree disposition conditions and tree permits
authorizing removal of or damage to large trees or protected trees shall normally require
replacement by one or more newly-planted trees on the same subject site according 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 off-site replacement trees within 1,000-feet of the subject
site, 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
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or exceed the number calculated according to the replacement inch stipulations in
the criteria manual.
(b) (b-}—Minimum size. Replacement trees must normally have a trunk diameter of
at least two six inches measured six inches from the ground and must be either a
Class 1 or 2 tree. 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 tot—if—eight inches, measured six inches from the ground and be a Class 1
tree. Example: If 24 replacement inches are required, there must be at least two
replacement trees with a trunk diameter of four eight inches or more. The urban
forester may prescribe proportionally smaller trunk diameters for species of trees
typically smaller than normal.
(c) Minimum Open and Pervious Growth Area. Each replacement tree must be
planted within a contiguous open and pervious-area of at least 500 square fret.
This area must be represented and approved by the Urban Forester in the
replacement tree planting plan.
(cUe) 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.
(e4) 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.
(fe) Trees in street areas. Before authorizing the establishment or maintenance of a tree
or decorative landscaping (or any related appurtenances such as lighting or a watering
system) in a street area, the building official must:
(1) Be satisfied that V.T.C.A., Transportation Code ch. 316 has been complied
with; and
(2) Determine there would be no violation of the provisions of this chapter
relating to visibility triangles.
The building official is designated by the city council to make the determinations
contemplated by V.T.C.A., Transportation Code § 316.003.
(g€) 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.
(hg) 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
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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.
(ih) 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 the applicable tree disposition
conditions, each protected tree to be preserved must be fenced during development or
predevelopment activity.
(b) Fence criteria . The tree disposition conditions shall specify protective fencing of
the critical root zone whenever reasonably practicable, unless a different area is
prescribed in accordance with the criteria manual. Unless the tree disposition conditions
specify otherwise:
(1) A six-foot or higher fence must surround each protected tree or group of
protected trees, effectively preventing people, machinery, trash, material and
other items from occupying the area within the protective fencing;
(2) The fence must be constructed of durable, highly visible rnaterialschain link
or wood materials supported on poles firmly set in the ground;
(3) The fence must be able to resist intrusions and impacts likely to be
encountered on a construction site;
(4) The fence may incorporate existing fences or walls as well as temporary
fencing; and
(5) Each fence must display a prominent warning sign as set forth in the criteria
manual.
(c) Fence permit. A separate fence permit is not required for construction of a fence
under this section, if a permit for the work is in effect and includes tree disposition
conditions.
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(d) Trash, storage prohibited. It shall be unlawful for any person to use the area within
the 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 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
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.
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(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 and special exceptions, 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 or heritage or
heirloom trees; 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. Except as authorized by a tree permit,
it shall be unlawful, within the city:
(1) For a person to remove or damage a protected tree intentionally or
knowingly;
(2) For a person, who owns or controls any site, intentionally or knowingly to
cause or allow a protected tree to be removed or damaged, if it is located within
that site or the right-of-way area of that site.
(b) Affirmative defenses. It shall be an affirmative defense to prosecution under this
chapter for removing, damaging or killing a tree, that:
(1) Tree disposition conditions (contained in a building or other permit)
authorized the conduct in question;
(2) 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 permit application was filed within ten days thereafter;
c. An appropriate 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 permit
regulated by this chapter to fail or to refuse to comply with a condition of the permit or
this chapter. Any related permit for the subject site in question may be withheld until the
condition is complied with to the satisfaction of the urban forester,building official or
any other city staff members who are called upon to enforce this chapter. All permits are
subject to revocation or suspension as provided for in chapter 18.
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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.
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TREE DISPOSITION AND REMOVAL EVALUATOIN CRITERIA
***************************FOR OFFICE USE ONLY***********************
Inspection Date:
Species Type:
Inches Diameter:
Condition: 1) POOR 2) FAIR 3) GOOD 4) EXCELLENT
Species: 1) CLASS 4 2) CLASS 3 3) CLASS 2 4) CLASS 1
Size: 1) <8" DIA 2) 8-16" DIA 3) 16-25" DIA 4) +25" DIA
Aesth/Screen: 1) POOR 2) FAIR 3) GOOD 4) EXCELLENT
Energy: 1) POOR 2) FAIR 3) GOOD 4) EXCELLENT
Safety: 1) HAZ-LOW 2) HAZ-MED 3) HAZ-HIGH 4)NOT HAZARD
ADJ Trees: 1) MANY-HI 2) MANY-MED 3)FEW ADJ. 4) LONE TREE
H20/ROOTS: 1) POOR 2) FAIR 3) GOOD 4) EXCELLENT
Wildlife: 1) POOR 2)FAIR 3) GOOD 4) EXCELLENT
Age: 1) <20 YRS 2) 20-40 YRS 3) +40 YRS 4) Registered&Rare
TOTAL POINTS:
PERCENTAGE:
Replacement Inches: TOTAL:
Existing Trees: FRONT: REAR: TOTAL:
MPS Reduction Applicable? _Yes _ No
COMMENTS:
******************************************************************************************
PERMIT DESCRIPTION:
NO REPLACEMENT REQUIRED DUE TO:
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West University Place Tree Classification
Class 1
Live Oak
Shumard Oak
Nuttall Oak
Water Oak
Bur Oak
White Oak
Swamp Chestnut Oak
Polymorpha Oak
Chinquapin Oak
Winged Elm
Cedar Elm
Drummond Red Maple
Baldcypress
Montezuma Cypress
Southern Magnolia
Little Gem Magnolia
Mexican Sycamore
Class 2
White Ash
Green Ash
Pecan
Hickory species
Black Walnut
American Holly
Sweetgum
Chinese Pistache
Texas Persimmon
River Birch
American Elm
American Sycamore
Class 3
Any species not included in Class 1, 2, or 4
Class 4
Chinese Tallow
Sugarberry (Hackberry)
Silver Maple
Arizona Ash
Chinaberry
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**Replacement trees must be Class 1 or 2 and be a minimum of 6" diameter,
measured at 6" from grade. For every 10" of replacement required the applicant
must plant at least one 8" diameter(measured 6" from grade) Class 1 tree.
Notes for commission:
-When evaluating trees for removal, the Class 1 trees are worth more than the Class 2,
which are worth more than the Class 3. The Class 1 trees will require a greater percent of
their diameter to be replaced than the Class 2. And Class 2 require greater percentage
replacement than Class 3. The Class 4 trees are trees that do not do very well in West U
and tend to decline prematurely. Most of the Class 4 trees will not require replacement.
When replacement plantings are required we need to
have a provision in the ordinance
addressing the available open area available to the new tree. If the determined open
area/planting area is not available (have not determined what that area is yet—maybe 200
square feet)then the tree should not be allowed to be planted there. If the required
planting area is not available then the replacement can be planted on adjacent lots within
1,000 feet, on public property(with appropriate open area), or credits purchased in the
tree trust.
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s 6,/z 7 07 •
[RECOMMENDATION: Use pictures in the CA!and a simple definition like this:I Critical root
zone means, for any given tree, the area measure as prescribed in the criteria manual, but
excluding street area beneath a curb or paved roadway.
[RECOMENDED COMBO DEFINITION] Damage a tree means to take any action which kills
the tree or may reasonably be expected to kill it. Some examples, which do not limit this
definition, are: (i) severing the main trunk, any branch larger than in diameter or any root
larger than in diameter, (ii) removing more than 30% of the tree's canopy, (iii) girdling,
poisoning, carving, mutilating, touching with live wires, piercing with nails or spikes, (iv)
crushing, compacting, covering (with pavement or other impervious material) or exposing more
than 30% of the critical root zone, (v) changing the natural grade by inches or more within
more than 30% of the critical root zone, or(vi) failing to comply with any permit condition
intended to protect a tree from damage.
[RECOMMENDATION.. Use Pictures in the CM and a sim,le deinition like this DBH
(Diameter at Breast Height) shall mean the tree trunk diameter measured as prescribed in the
criteria manual
[RECOMMENDED REVISED VERSION but it sounds like item (i) would exclude crepe
myrtles; is that intended?] Tree means a woody plant of a species characterized, at maturity,by
all of the following: (i) one well-defined stem or trunk, (ii) a crown, and (iii) a height of at least
eight feet. A plant of such a species is a tree even if specific environmental conditions (or other
factors) suppress or inhibit one or more such characteristics.
(1) Prohibit removal of or damage to any tree, except:
a. Removal of a tree which is diseased, severely damaged or dead may be
authorized;
b. Damage to or removal of a tree (other than an heirloom or heritage tree) which
causes an unreasonable impediment to the use and enjoyment of the applicant's
property may be authorized;
c. Damage to or removal of a low-value tree may be authorized;
d. RECOMMEND OMME,ND 1)IFI-'I RI ATT WORDING AND POSSIBLY DELETING THE
S.La',. THIS IS TEST IS VA(,1IL. .l,ND I THINK THE INTENT WAS 7O
ALLOW ORDI M1R}"CITIZENS TO THIN THEIR TREES WITHOUT,'t l:!('H
COST OR DELAY MA}BE ON CONDITION IHA1'THERE BE QUITE A
FEW TREES REMAINING.KING. SAME COMMENT APPLIES TO 82-4.]Damage
to or removal of a tree impeding the reforestation and canopy renewal of the
urban forest may be authorized, but only by special exception issued by the
BSC /RECOMMEND PUTTING NEXT CLAUSE WITH THE REPLf CMENT
FOR t1:AS in the CM-- if one Qualified tree, 8 inch(DBH)per 1,000 square
feet of lot area is replanted]; and
e. Damage to or removal of an heirloom or heritage tree may be authorized, but
only by a special exception issued by the BSC [RECOMMEND PUTTING
THE 1'I: 'T CI,A(„51 WITH THE OTHER REPLACEMENT F ORMUI..A.S in
s •
the CM-- if the replacement plantings meet two times the DBH in replacement
inches as per the replacement requirements of this chapter.]
(2) For any large tree damaged or removed, require replacement trees in accordance with
this chapter. Exception: No replacement is required for low-value trees.
(3)Require protection for large trees (and their critical root zones). The conditions may
specify the methods of protection to be used.
(4)Require that any authorized damage to trees be minimized and mitigated. The
conditions may specify methods of mitigation to be used.
[SUGGEST I/1 KING Il/I: .RI IAINI\t ITEMS:5! :VI), RD REQUIREMENTS', NOT
PERMIT IT C'COtN I)ITI )r S]
(5)
Sec. 82-5. Replacement trees.
(a) Number of replacement trees. Tree disposition conditions and tree permits authorizing
removal of or damage to large trees or protected trees shall normally require replacement by one
or more newly-planted trees on the same subject site according to the "replacement inch"
formulas in the criteria manual. [NOTE: CHANGE THOSE FORMULAS IN THE C.M., IF
DESIRED, TO ADD THE ;1Y STUFF 1"I{ A O(?1 111 RII:4GE TREES AND THINNING
RE UM/ LS]. To the extent on-site replacement is not feasible, the permittee may choose to:
(1) Plant and maintain off-site replacement trees within 1,000-feet of the subject site,
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 six
inches measured six inches from the ground and must be either a Class 1 or 2 tree. 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 eight inches, measured six inches
from the ground and be a Class 1 tree. Example: If 24 replacement inches are required,
there must be at least two replacement trees with a trunk diameter of eight inches or
more. The urban forester may prescribe proportionally smaller trunk diameters for
species of trees typically smaller than normal.
(e) Minimum Open and Pervious Growth Area. Each replacement tree must be planted
within a contiguous open and pervious area of at least 500 square feet[NOTE: THIS
t ''ILL,.SLIS'I);/14NY, MANY CASES TO HIE R S t FOR VARIANCES.]
(d) Replacement Tree Planting Plan. Each replacement tree must be planted and
maintained in accordance with a written replacement tree planting plan submitted to,
and approved by, the urban forester.
0 0
MONEY PAID INTO URBAN FOREST ENHANCEMENT FUND
ADDRESS INCHES AMOUNT PAID DATE CONTRACTOR
3721 Robinhood 9.75" (1-4" tree) $ 1,768.75 06/26/2007 Rohe &Wright
3724 Tangley 11" $ 1,375.00 06/06/2007 Charles Kuck
4257 Albans 18" (2-4"trees) $ 3,350.00 05/27/2007 Capital Builders
4123 Villanova 12.75" $ 1,593.75 04/24/2007 Homeowner
3121 Quenby 15" (2-4"trees) $ 3,175.00 04/20/2007 Homeowner
6421 Westchester 1" $ 125.00 04/10/2007 Homeowner
4008 Ruskin 4" $ 500.00 03/19/2007 Weaver Builders
6432 Brompton 2" $ 250.00 _02/15/2007 Forrest Homes
2708 Nottingham 15" $ 1,875.00 02/15/2007 Stacey Fine Homes of Texas
4211 Sunset 14.5" $ 1,812.50 01/19/2007 Churchill Homes
2621 Cason 28" $ 3,500.00 01/11/2007 Stonehenge Classic Homes
75.8" $ 9,475.00 11/22/2006 Scheffer&Associates
4110 Riley $ 4,450.00 11/14/2006 Homeowner
4039 Marlowe 5.25" $ 650.00 10/31/2006 Homeowner
3405 Amherst 5" $ 725.00 06/08/2006 Homeowner
3009 Tangley 8" $ 1,000.00 05/11/2006 Lovett Homes
3223 Rice 6" $ 750.00 _05/02/2006 Homeowner
3831 Case 45.5" $ 4,550.00 04/07/2006 Homeowner
3032 Rice $ 350.00 02/17/2006 Homeowner
2818 Robinhood 14" $ 875.00 02/01/2007 Rainey Pools
3815 University 4" $ 500.00_12/28/2005 Willowick Partners
4010 Milton 29" $ 2,900.00 12/21/2005 Willowick Partners
3815 University 14" $ 1,400.00 12/21/2005 Willowick Partners
4131 Byron 3.5" $ 637.50 _ 11/08/2005 Willowick Partners
2628 Robinhood 13" $ 1,625.00 09/09/2005 Brookstone Homes
3514 Amherst 3" $ 375.00 08/31/2005 Homeowner
4220 Albans 4" $ 500.00 _08/30/2005 Merit Homes
3727 Georgetown 34" $ 3,400.00 08/18/2005 Scheffer&Associates
6118 Buffalo Speedway 21" $ 2,745.00 08/11/2005 Sterling Homes
4127 Swarthmore 7.5" $ 750.00 06/09/2005 Scheffer&Associates
3934 Tennyson 12" $ 1,500.00 05/31/2005 Corbel Custom Homes
2720 Tangley 16" $ 1,600.00 05/25/2005 Belmont Custom Homes
6615 Westchester $ 2,500.00 05/10/2005 Homeowner
3780 Robinhood 61.5" $ 6,150.00 04/11/2005 Gilbreath Builders
4034 Oberlin 6" $ 750.00 03/22/2005 Metropolitan Design Group
2927 University 8.5" $ 1,062.50 12/08/2004 Maddox Custom Pools
2815 Lafayette 35" $ 3,500.00_12/07/2004 Willowick Partners
3424 Rice 29" $ 2,900.00 12/06/2004 Bob Roberts
3801 Northwestern 5" $ 625.00 12/01/2004 Rockwell Homes
3908 Case 20" $ 2,000.00 11/16/2004 Rockwell Homes
3808 Marquette 5.7" $ 762.50 11/06/2004 Brookstone Homes
3833 Marlowe 7" $ 700.00 10/27/2004 Homeowner
4021 Amherst 19" $ 2,375.00 10/07/2004 Rockwell Homes
TOTAL: $ 83,407.50
• •
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• Trees For Houston I
West University Tree Trust Income & Expense
January 2004 through May 2007
Date Name Memo
Retained Earnings
Total Retained Earnings
Annual Income
Contributions
Corporate
Responded to Request
New Donor
12/13/2006 Radio Angel Music for WUTT
Total New Donor
Total Responded to Request
Corporate-Other
06/08/2006 Forrest Homes Partners Ltd. 6432 Brompton
07/25/2006 Belmont Custom Homes WUTT
Total Corporate-Other
Total Corporate
Individual
Response to Mailing
New donor
12/13/2006 Flame, M/M David for WUTT
12/13/2006 Kilpatrick, M/M John C. for WUTT
12/13/2006 Folensbee Jr,M/M Rowland for WUTT
12/13/2006 Nicholson, Barclay for WUTT
Total New donor
Total Response to Mailing
Individual-Other
12/13/2006 Doyle, M/M James E. for WUTT
12/13/2006 Doyle, M/M James E. for WUTT
12/13/2006 Folensbee Jr, M/M Rowland for WUTT
Total Individual-Other
Total Individual
Total Contributions
Total Annual Income
Project Expenses
Tree Planting
06/08/2006 Bownds Wholesale Nursery 4 65-gal Weslayan @Bissonnet
01/11/2007 Bownds Wholesale Nursery West U annual
02/13/2007 Bownds Wholesale Nursery 2 at 3502 Corondo Ct.
02/13/2007 Bownds Wholesale Nursery 1 at 4242 Albans
03/02/2007 Bownds Wholesale Nursery 5812 Charlotte
Page 1 of 4
STrees For Houston •
West University Tree Trust Income & Expense
January 2004 through May 2007
Date Name Memo
04/16/2007 Bownds Wholesale Nursery West U
05/30/2007 Bownds Wholesale Nursery 2 30-gal 5815 Lake
Total Tree Planting
Total Project Expenses
TOTAL
Page 2 of 4
• Trees For Houston •
West University Tree Trust Income & Expense
January 2004 through May 2007
Amount
Retained Earnings
Total Retained Earnings (3,146.50)
Annual Income
Contributions
Corporate
Responded to Request
New Donor
1,530.00
Total New Donor 1,530.00
Total Responded to Request 1,530.00
Corporate-Other
2,615.62
675.00
Total Corporate-Other 3,290.62
Total Corporate 4,820.62
Individual
Response to Mailing
New donor
270.00
337.50
315.00
337.50
Total New donor 1,260.00
Total Response to Mailing 1,260.00
Individual-Other
22.50
315.00
22.50
Total Individual-Other 360.00
Total Individual 1,620.00
Total Contributions 6,440.62
Total Annual Income 6,440.62
Project Expenses
Tree Planting
(2,300.00)
(11,610.00)
(410.00)
(205.00)
(205.00)
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Trees For Houston
West University Tree Trust Income & Expense
January 2004 through May 2007
Amount
(1�
(410.00)
Total Tree Planting (16,285.00)
Total Project Expenses (16,285.00)
TOTAL (12,990.88)
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