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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 All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only.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. ,I (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 II