HomeMy WebLinkAboutORD 1489 - ORD Relating to Replacement of Certain Trees
ORDINANCE NO. 1489
AN ORDINANCE RELATING TO REPLACEMENT OF CERTAIN TREES;
AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT
WHEREAS, in 1992, 1993 and 1994, the City has held numerous hearings and
meetings on the subject of preserving and enhancing the urban forest of the City; and
WHEREAS, the City Council has previously adopted a comprehensive
ordinance for the preservation and enhancement of the urban forest of the City; and
WHEREAS, based upon information derived from meetings and hearings and
from experience under the comprehensive ordinance, the City Council desires to make
a change relating to the replacement of certain trees;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Section 1. Sections 6-503 and 6-504 of Article XIV (entitled "Urban Forest
Preservation and Enhancement") of Chapter 6 of the Code of Ordinances of the City of
West University Place, Texas, are hereby amended to read as set out in Exhibit A,
which is attached to this ordinance and incorporated herein by this reference for all
purposes. Section 6-502 of said Article XIV is hereby amended to add a new
definition thereto, as follows:
Low-Value Tree means a Tree included in Class IV of the Criteria Manual (see
Appendix A) which is evaluated by the Urban Forester under the Criteria
Manual and assigned a total rating less than 30 (out of the 40 possible points).
Section 2. All ordinances and parts of ordinances in conflict herewith are
hereby repealed to the extent of the conflict only.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 COt~ncil ofticially finds, detcnnincs 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 Open Meetings Act, Chapter 551, TEX. GOV'T CODE, as amended,
and that each such meeting has been open to the public as required by law at all times
during such discussion, consideration and action. The City Council ratifies, approves
and confirms such notices and the contents and posting thereof.
Section 5. This ordinance shall become effective on the tenth day following
its publication, as required by the City Charter. However, the ordinances in effect
immediately prior to that time are continued in effect for the purpose of governing
offenses completely committed prior to that tenth day.
~ AND APPROVED ON FIRST READING, this
, 1994
//a day of
Voting Aye:
Voting Nay:
Absent
P A~D AND APPROVED ON SECOND READING, this
day of. t'~, 1994
5-0
Voting Aye:
Voting Nay:
Absent:
Signed:
fiu~
Bill Watson
Mayor
ATTEST:
Jim Dougherty, Jr.
City Attorney
EXHIBIT "A"
Section 6-503. Tree Disposition Conditions (For Building Permits); Tree Surveys
(a) General Requirement. Every permit for Development or Pre-
Development Activity must contain Tree Disposition Conditions meeting the
requirements for this section.
(b) Essential and l\1andott)ry COflditions. Tree Disposition Conditions are
the most important means of protecting the urban forest of the City from unreasonable
harm during Development and Pre-Development Activity. Tree Disposition Conditions
shall:
(1) Prohibit Removal of or Damage to any Large Tree, except:
(+) CD Removal of a Tree which is diseased, severely damaged or dead
may be authorized; and
(;!) (ill 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
(iii) Damage to or Removal of a Low-Value Tree may be authorized.
(2) Require Replacement Trees, to the extent provided in the Criteria
Manual, for any Large Trees authorized to be Danlagcd 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 that any authorized Damage to Trees be minimized and
mitigated. The conditions may specify methods of mitigation to be used.
(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.
(c) Procedure. The Building Official shall not issue any permit for any
Development or Pre-Development Activity unless all of the following has first
occurred:
(1) Tree Survey. The application must have filed a Tree Survey,
and the Urban Forester must have approved it for compliance
with this Article.
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(2) Tree Disposition Conditionso Tree Disposition Conditions
approved by the Urban Forester must have been inserted into the
permit. The Urban Forester 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 conditionso
(d) "Low-Impact" Exception. Except for the requirement to insert the
mandatory conditions, this sections 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,
Section 6-5040 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 aboveo See Section 6-509 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 (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 Locatedo If the J'ree 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 Treeo In tlllS case any of these caseso
the permit shall be issued without special conditions or
replacement requirement.
(3) Tree as impediment to proposed use of the Subject Site.
The Tree in question causes an unreasonable impediment to use
and enjoyment of propertyo Any permit issued in this case shall
be reviewed by the Urban Forester and shall require that any
Replacement Trees required by this Article be planted. If
Replacement Trees are to be Located on a Subject Site controlled
by the permittee, the permits shall also required that they be
thereafter maintained. If the permit would authorize Damage to
a Protedcd Tree, but not Removal, the permit must contain
conditions reasonably calculated to minimize the Damage to the
Protected Tree (and may require Replacement Trees)o
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