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HomeMy WebLinkAboutORD 2044 Amending Chapter 82 related to Replacement Trees and Front YardCity of West University Place Harris County, Texas ORDINANCE NO. 2044 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AMENDING CHAPTER 82, SECTION 82 -2, DEFINITIONS, AND SECTION 82 -5, REPLACEMENT TREES, OF THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BY ADDING A DEFINITION OF "FRONT YARD" AND A PROVISION EXPANDING THE LOCATION OF URBAN FOREST ENHANCEMENT FUND PLANTINGS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, THAT: Section 1. Chapter 82, Section 82 -2, Definitions, and Section 82 -5, Replacement Trees, of the Code of Ordinances of the City of West University Place, Texas are amended by the addition of the definition for "front yard" and the expansion of the allowed location of Urban Forest Enhancement Fund plantings as found in Exhibit "A ", attached. All other portions of Chapter 82 of the Code of Ordinances not specifically amended hereby remain in full force and effect. Section 2. All ordinances and parts of ordinances in conflict with this Ordinance are repealed to the extent of the conflict only. Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this Ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this Ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this Ordinance to any other persons or circumstances, shall be affected thereby. Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this Ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 5. This Ordinance takes effect immediately upon its passage and adoption on second reading. PASSED, APPROVED AND ADOPTED ON FIRST READING on the 8'- day of , 2018. PASSED, APPROVED ND ADOPTED ON SECOND READING, AND SIGNED, on the jl�-M day of 2018. 0 if a po 1 l (Seal)'/ as to legal form: City Attorney (00192886.docz f M I ag `lep Exhibit "A" Amend Section 82 -2 and Section 82- 5(h)(1) to read as follows: 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 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 a tree means to take any action which could 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 or compacting a substantial part of the soil in the critical root zone. Driveway visibility triangle means the area within a triangle beginning at the intersection of the edge of a driveway and the inside edge of a sidewalk (i.e., the edge farthest from the roadway). From the intersection point, the first side of the triangle extends five feet inward (away from the roadway) along the edge of the driveway, the second side of the triangle extends five feet along the edge of the sidewalk away from the driveway, and the third side is a straight line connecting the extended ends of the first two sides. If there is no sidewalk, the building official shall designate the probable location of a future sidewalk, which shall then be used as if it were an existing sidewalk. A typical driveway will have two such triangles, one on each side. The visibility triangle may include both public and private property. The building official may prepare example diagrams showing driveway visibility triangles. Fence -like hedge as used in this chapter has the same meaning defined in appendix A, section 2 -102 of the Code (zoning ordinance). Front yard means the setback area required by the zoning ordinance and measured from the front street side of a building site or ootential building site. {00192886.docx I Large tree means a tree with a circumference of 19 inches or more. In case a tree is removed, it is presumed to have been a large tree if the diameter of the stump is six inches or greater, measured in any direction. Located. A tree is 'located" within an area if any part of its trunk is within the area at ground level. Low -value tree means a tree included in "class IV" of the criteria manual (see appendix) which is evaluated by the urban forester under the criteria manual and assigned a total rating less than 30 (out of 40 possible points). Minimum planting standard means the minimum standard for total number of trees which must be present on a site regardless of the number of pre- existing or replacement trees, as set forth in the criteria manual. Multiple -trunk tree means a tree with two or more trunks visibly connected above the ground. Protected tree includes: (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 (3) 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 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 large tree with circumference of 36 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. (00192886.docz ( 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. Street visibility triangle means the area at a street corner lying within a triangular area beginning at the intersection point of the curbs of the two streets forming the corner (which will normally be a tangent point on a curved curb - line). Sides of the triangle extend 20 feet along each curb line (away from the intersection point, following any curves in the curb). The third side is a straight line connecting the extended ends of such 20 -foot curb -line sides. If there is no curb on such a street, the central flow line of the gutter or ditch is used instead. The triangle may include both public and private property. The building official may prepare example diagrams showing street visibility triangles. 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 or trunk, a defined crown and a mature height of at least eight feet. 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 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 area includes a street visibility triangle and a driveway visibility triangle (00192886.docx ) Visibility triangle includes a street visibility triangle and a driveway visibility triangle. (Code 2003, § 22.002; Ord. No. 1772, app. A, 8 -16 -2004; Ord. No. 1925, § 1(Exh. A), 8 -9 -2010) 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 or exceed the number calculated according to the replacement inch stipulations in the criteria manual. (b) Minimum size; species; diversity. Replacement trees must normally have a trunk diameter of at least two inches measured six inches from the ground. If ten inches or more of replacement inches are required by a permit, one replacement tree for each ten inches must have a trunk diameter of at least four inches, measured six inches from the ground. Example: If 24 replacement inches are required, there must be at least two replacement trees with a trunk diameter of four inches or more. The urban forester may prescribe proportionally smaller trunk diameters for species of trees typically smaller than normal. Replacement trees must be class I or class ll, according to the list in the criteria manual. However, on each subject site, trees must be selected and planted to achieve diversity, so that no more than 30 percent of the trees on the site belong to any single genus. Exception: If necessary to achieve a matched or paired planting, two trees may belong to the same genus. (c) Qualified trees under zoning ordinance. To be a "qualified tree" under the zoning ordinance, a tree must comply with the definition of "qualified tree" set out in section 82 -2, and must meet the same criteria as replacement trees. (d) Growth space, etc. Each replacement tree and qualified tree must be planted in a growth space which: feet; (1) Contains at least 200 square feet, contiguous, with no dimension smaller than ten (2) Can absorb at least three inches of water per hour (over the whole area); (00192888.doc.) (3) Does not contain any compacted, stabilized, paved or solid material, at any level; and (4) Otherwise supports tree establishment and growth. Grout -free stones or pavers are not prohibited in a growth space, if the space meets all such criteria. No more than one shade tree may be planted per 200 square feet of such growth space. The urban forester shall use reasonable best efforts to determine the type and number of trees and growth space in an attempt to minimize any undue burden resulting from this chapter. (d) Standard of review. The urban forester shall use reasonable best efforts to determine the type and number of replacement trees required in an attempt to minimize any undue burden resulting from this chapter. (e) Trees in street areas. Before authorizing the establishment or maintenance of a tree or decorative landscaping (or any related appurtenances such as lighting or a watering system) in a street area, the building official must: (1) Be satisfied that V.T.C.A., Transportation Code ch. 316 has been complied with; and (2) Determine there would be no violation of the provisions of this chapter relating to visibility triangles. The building official is designated by the city council to make the determinations contemplated by V.T.C.A., Transportation Code § 316.003. (f) Replacement inch certificates. If a tree trust or the UFEF issues an effective "replacement inch" certificate to the city, as provided in the criteria manual, the 'replacement inches" described in the certificate are treated the same as replacement tree inches actually planted as of the date of the certificate. (g) Replacement inch credits. An owner of a site in the city who plants a class I or class II tree on that site is eligible to receive a credit for future 'replacement inches." The owner may use the credit to offset the number of 'replacement inches" assessed for protected trees removed from the same site at any time in the future. Credits are subject to the following: (1) Issuance. Credits are only available for trees registered with the urban forester within 30 days following the day they are planted. Registration requires application and proof of planting. The registration form shall specify the size and species of each tree planted and its location on the site. (2) Measurement. The number of replacement inches actually credited is determined by the urban forester at the time an offset in requested, based on the health and size of the previously- registered trees and applying the provisions of the criteria manual regarding calculation of replacement inches. (3) Transferability. Credits are not transferable to another site but may be claimed by subsequent owners of the same site. (00192886.docx) (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 front yard of all building sites or in the side street yard of corner building sites 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: - Acknowledgments in the name of the city; and Replacement inch" certificates as provided in the criteria manual. 100192886.docx