HomeMy WebLinkAboutORD 1472 - ORD for Preservation & Enchancement
Ordinance No. 1472
AN ORDINANCE FOR THE PRESERVATION AND ENHANCEMENT OF THE
URBAN FOREST OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS;
ADOPTING AND RE-ADOPTING SECTIONS OF THE CODE OF ORDINANCES
OF SAID CITY, WITH AMENDMENTS; AND CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT
WHEREAS, in 1992, 1993, and 1994 the City has held both hearings and meetings on
the subject of preserving and enhancing the urban forest of the City; and
WHEREAS, the City Council has received evidence as to the potential adverse effects
upon the urban forest of certain practices; and
WHEREAS, the City Council has also received evidence as to the benefits of the
urban forest for the public health and welfare, including: (i) the urban forest can aid in the
conservation of vital energy resources and natural resources and in the preservati~n of the
City's heritage and quality of life; and (ii) 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; and
WHEREAS, the City seeks to balance these benefits with the interests of individuals
owning real property within the City who desire to exercise control over their real property;
and
WHEREAS, the Tree Section of the Environmental Issues Committee has conducted
an in-depth review of the existing ordinances of the City and has recommended several
specific amendments to the existing ordinance (and the Criteria Manual) to help preserve and
enhance the urban forest of the City; and
WHEREAS, the City Council has determined two feasible approaches for
accomplishing the purposes described above:
(1) preserve or replace existing trees by these methods: (i) avoid tree damage
wherever feasible; (ii) mitigate damage when it occurs; (iii) require on-site
replacement of trees that must be removed, and (iv) require off-site re~cement
of trees that cannot be replaced on-site, either by direct planting or through a
"tree trust;"
(2) require sites where major development takes place to attain a minimum
planting standard for trees, regardless of the number of pre-existing trees; and
Ordinance No. 1472
WHEREAS, the City Council has determined that the urban forest of the City should
be preserved and enhanced, to the maximum extent feasible, consistent with the property
rights of its citizens;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Section 1. Article XIV (entitled "Urban Forest Preservation And Enhancement" and
including Sections 6-501 et seq.) of Chapter 6 of the Code of Ordinances of the City of West
University Place, Texas, is 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 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 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 Open
Meetings Act, TEX. REV. CIV. STAT. ANN. art. 6252-17, 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: (i) offenses cQ,Wpletely
committed prior to that tenth day and (ii) any work done under permits issued in response to
complete permit applications filed prior to such tenth day. For this purpose, a permit
application is complete if: (A) the application form is filled out and signed, (B) both complete
plans and the Tree Disposition Plan, approved by the Urban Forester (if required), are
attached, and (C) the initial plan-checking fee is paid.
Ordinance No. 1472
P~ AND APPROVED ON FIRST READING, this ;?8.Pfday of
~<~ ' 1994
Voting Aye:
Voting No:
Absent:
PASSE~~PROVED ON SECOND READING, this
~ . 1994
Voting Aye:
/Y~ay of
~...
Voting No:
Absent:
Signed:
~'/~~
Bill Watson
Mayor
A TIEST:
APPROVED AS TO FORM:
~~~
City Secretary
,~~<
James Dougherty, Jr.
City Attorney
"i"~
, ~
Article XIV
URBAN FOREST PRESERV A nON AND ENHANCEMENT
[Note: In this A rlic/e, words written with initial capital letter (e.g., "Tree" or "Street") usually
have special definitions assigned by: (i) Section 6-502, (ii) A rlic/e I of this Chapter, or (iii)
Chapter 1 of this Code.]
Section 6-501. Purpose; Findings.
(a) The purpose of this Article is to preserve and enhance the urban forest of the
City.
(b) 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 preservati~n 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.
Section 6-502. Definitions.
Unless the context otherwise clearly requires a different meaning, the following terms,
as used in this Article, shall have the meanings indicated below.
Circumference. The Circumference of a Tree means the circumference of its trunk,
measured as prescribed in the Criteria Manual and in Figure I attached to the Criteria
Manual. For conversion to diameter the Circumference can be divided by 3.142.
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
dripline diameters. See Figure I b attached to the Criteria Manual.
EXHIBIT A (Article XIV)
(February 28, 1994)
Page A-I
Criteria Manllal means the "Criteria Manual" dated February 1994, a copy of which is
on file in the office of the City Secretary. The Criteria Manual is approved, adopted and
incorporated into this Article by reference.
Damage or Damaged. To "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.
Front Yard has the same meaning as in the zoning ordinance, and it shall apply both
to existing Building Sites and potential Building Sites. [Front Yard is defined in the zoning
ordinance as follows: . . .that part of a building site included in the required setb'hck area
measured from the front street line.]
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 (6)
inches or greater, measured in any direction. (Also see the definition of Significant Trees.)
Located. A Tree is "Located" within an area if any part of its trunk is within the area
at ground level.
[Major Development is defined in Article I of this Chapter as follows: . . . the
construction of a new principal building or additions to an existing principal building which
increase its gross floor area to 150% or more of its gross floor area on April 9, 1990 (or the
date it was completed, if completion occurred after April 9, 1990).]
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-Tnmk Tree means a Tree with two or more trunks visibly connected above
the ground.
Person means any individual, entity, corporation, trust, unincorporated organl~ion,
partnership, or any other form of entity.
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EXHIBIT A (Article XIV)
(February 28, 1994)
Page A-2
Protected Tree includes:
(l) a Significant Tree anywhere in the City; and
(2) a Large Tree Located within any of the following:
(i) a Front Yard;
(iii) a Street Side Yard (of comer sites) ; or
(iv) a Right-of-way Area.
(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.
Removal. To "remove" a Tree means to cut it down or remove it by any other means.
Replacement Tree means a Tree meeting the minimum criteria for Repla~ement Trees
as set out in the Criteria Manual and this Article.
Right-oj-way A rea means area in the right-of-way of a Street, including: (i) the paved
or improved roadway, (ii) the sidewalks, (iii) the curbs or ditches, and (iv) all other paved or
unpaved areas in the right-of-way. The "Right-of-way Area" for an individual site includes
only the the area between the property line of the site and the centerline of the Street (i.e., the
directly abutting area in the Street). A comer site has a Right-of-way Area both in front and
on the side.
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.
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 twelve (I2) inches or greater, measured in any direction. (Also see definition of
Large Tree.)
[Street is defined in Chapter 1 to include: . . . any highway, alley, street, avenue, or
public place or square, bridge, viaduct, underpass, overpass, tunnel or causeway in the city ,
dedicated or devoted to public use. Note: a Street includes all of the area between the right-
of-way lines, whether paved or otherwise improved, or not.]
EXHIBIT A (Article XIV)
(Febmary 28, 1994)
Page A-3
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 Article shall be based upon the actual level of the street adjacent to and bordering upon
the Visibility Triangle.
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 (8) feet.
Tree Pennit means a valid permit issued by the Building Official authorizing Removal
of or Damage to a Protected Tree.
....
Tree Disposition Conditions means conditions approved by the Urban Forester
pertaining to the disposition and protection of Trees when Development or Pre-Development
Activity occurs. See Section 6-503.
Tree Tmst means any person or entity which meets all of the following criteria: (i) it
is operated on a profit-making or not-for-profit basis; (ii) 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 (iii) the Urban
Forester's determination has not been revoked or suspended.
Tree Survey is an on-the-ground survey containing the location of Trees, their
Circumferences, types (species), crown areas (dripline) 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: (a) every Large Tree Located in the Subject
Site, and (b) every Large Tree Located elsewhere which has 30% or more of its Critical Root
Zone in such Subject Site.
Urban Forester means a Person so designated and acting under this Article.
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 .~er and
extending twenty 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 twenty-foot
EXHIBIT A (Article XIV)
(February 28, 1994)
Page A-4
extensions. If there is no curb on such a Street, the twenty-foot line shall follow the central
flow line of the ditch paralleling the uncurbed Street. The Visibility Triangle may include
both public and private property.
Section 6-503. Tree Disposition Condition" (For Rllil~ing: PPrmit~): Tree ~\Jr'\}~'~
(a) General Requirement. Every permit for Development or Pre-Development
Activity must contain Tree Disposition Conditions meeting the requirements of this section.
(b) Essential And Mandatory Conditions. 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) Pl'Ohibit Removal of or Damage to any Large Tree, except:
(I) Removal of a Tree which is diseased, severly dam~ed or dead
may be authorized; and
(2) 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.
(2) Require Replacement Trees, to the extent provided in the Criteria
Manual, for any Large Trees authorized to be Damaged or Removed.
(3) Require protection for Large Trees (and Caitical 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 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 Article
(2) Tree Disposition Conditions. 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 )..Jlcated
to agree to any Removal of or Damage to the Tree authorized by the
conditions.
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EXHIBIT A (Article XIV)
(February 28, 1994)
Page A-5
(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.
Section 6-504. Tree Permits
(a) Pemlit 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 6-509 for a more particular description of the requirement for a
Tree Permit.
(b) Criteria For Issuance Of Penn its. 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 Located. If the Tree is Located on a property
boundary, all owners must join in the application.
(2) Tree in poor condition; hazards.
The Tree in question is diseased, severely damaged or dead, or the Tree
creates a hazard to human life or an existing building. In this case, 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 property. 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 permit
shall also require that they be thereafter maintained. If the pe~.!Jlit
would authorize Damage to a Protected Tree, but not Removal, the
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EXHIBIT A (Article XIV)
(February 28, 1994)
Page A-6
permit must contain conditions reasonably calculated to minimize the
Damage to the Protected Tree (and may require Replacment Trees).
Section 6-505. Replacement Trees.
(a) Number of Replacement Trees. Tree Disposition Conditions and Tree Damage
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. If this is not feasible, the
permittee must either: (i) plant and maintain off-site Replacement Trees in reasonable
proximity to the Subject Site, subject to the provisions of the Criteria Manual; or (ii) provide
Replacement Trees by means of replacement inches obtained through a Tree Trust, as set
forth 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. The Urban Forester may prescribe a
proportionally smaller trunk diameter 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 this
Article.
(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 Article.
(e) Trees In Streets. 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, the Building Official must: (i) be satisfied that TEX. REV. CIY. STAT.
art. 1085c has been complied with and (ii) determine there would be no violation of the
provisions of this Article relating to Visibility Triangles. The Building Official is designated
by the City Council to make the determinations contemplated by Section 3 of said art. 1085c.
(f) Replacement Inch Ceriificates. If a Tree Trust issues an effective
"replacement inch" certificate to the City, the "replacement inches" described in the
certificate are treated the same as Trees actually planted as of the date of the certifi~. To
be effective, the "replacement inch" certificate must state unconditionally:
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EXHIBIT A (Article XIV)
(February 28, 1994)
Page A-7
(1) the name of the applicant and the project to which the "replacement
inches" apply;
(2) that the Tree Trust will plant the specified "replacement inches" within
reasonable proximity of the Subject Site, and within the City limits, on
or before a specified planting date, which must fall within 365 days
following the date of the certificate;
(3) that the "replacement inches" will be planted and maintained in
accordance with the provisions of this ordinance and the Criteria
Manual; and
( 4) that all costs have been pai d.
A certificate may be conditioned so that it would only become effective if the applicant fails
to plant other Trees by the specified planting date.
(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" asse~sed for
Protected Trees Removed from the same site at any time in the future. Credits are subject to
the following:
(1)
(2)
(3)
(4)
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.
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.
Transferability. Credits are not transferrable to another site but may be
claimed by subsequent owners of the same site.
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.
EXHIBIT A (Article XIV)
(February 28, 1994)
Page A-8
Section 6-506. Protective Fencin/;:
(a) Fences Required. Unless otherwise specified in the applicable Tree Disposition
Conditions, each Protected Tree to be preserved must be fenced during Development or Pre-
Development 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: (i) a six-foot or higher fence must surround each Protected Tree or group
of Protected Trees, effectively preventing Persons, machinery, trash, material and other items
from occupying the area within the protective fencing; (ii) the fence must be constructed of
durable, highly visible materials supported on poles firmly set in the ground; (iii) the fence
must be able to resist intrusions and impacts likely to be encountered on a construction site;
(iv) the fence may incorporate existing fences or walls as well as temporary fencing; and (v)
each fence must display a prominent warning sign as set forth in the Criteria ~nuaL
(c) Fence PemJit. 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.
(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.
Section 6-507 Visihility Tri:me1p.<:
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 fifteen 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.
-
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EXHIBIT A (Article XIV)
(February 28, 1994)
Page A-9
Section 6-508. Administration' InformMion' ('oopp.rMion' Appp~l<:
(a) Urban Forester. The City Manager shall appoint an experienced and qualified
Person to be chief Urban Forester for the City, which shall be a full-time, City employee
position. 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) Refenul; 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 Article. 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 councilor
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 A nd 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 Article. 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 servicef"Of expert
foresters to provide advice and assistance to themselves and the City. The Urban Forester
----------------------------------------------------------------------------------------~--------------------------
EXHIBIT A (Article XIV)
(February 28, 1994 rev.)
Page A-lO
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 Article.
(f) Decisions And Appeals. When making decisions or performmg other duties
under this Article, the Urban Forester and the Building Official both shall be subject to the
standards and procedures generally applicable to the Building Official under this Chapter (see,
e.g., Sections 6-11, et seq.). 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: (i) shall take into
account efforts to avoid or mitigate Removal of and Damage to Trees, particularly Trees
highly-evaluated under the Criteria Manual, and (ii) may take into account the financial cost
of compliance with this Article, particularly as it compares to the cost of other work the
applicant may be proposing.
h.
Section 6-509. Violations.
(a) Removal, Damaging, Killing of Protected Trees. Except as authorized by a
Tree Permit, it shall be unlawful, within the City: (i) for a Person to Remove or Damage a
Protected Tree, intentionally or knowingly; (ii) 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) AffimlGlive Defenses. It shall be an affirmative defense to prosecution under
this Article for removing, Damaging or killing a Tree, that:
(1) Tree Disposition Conditions (contained in a building or other permit)
authorized the conduct in question; or
(2) all of the following four circumstances were present: (i) immediate action to
remove, Damage or kill the Tree in question was necessary to prevent harm to
Persons or property, (ii) a permit application was filed within ten days
thereafter, (iii) an appropriate permit or amendment was obtained, and (iv)
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 Article to fail or to refuse to comply with a condition of the permit
or this Article. Any related permit for the Subject Site in question may be withheld,JU:!til the
condition is complied with to the satisfaction of the Urban Forester, building official or any
EXHIBIT A (Article XIV)
(February 28, 1994)
Page A-II
other City staff members who are called upon to enforce this Article. All permits are subject
to revocation or suspension as provided for in this Chapter (see, e.g., Section 6-25).
Section 6-510. Other Regulations: Conditions
(a) Conflicts With Other Regu/ations. 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 Article 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) Libera/Interpretations A uthorized. 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 Article 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.
b 14 :\0 14 72art.54
EXHIBIT A (Article XIV)
(February 28, 1994)
Page A-12