HomeMy WebLinkAboutOrd 1772 - trees and urban forestry
Ordinance No. 1772
AN ORDINANCE RELATING TO TREES AND URBAN FORESTRY;
AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS AND THE CRITERIA MANUAL
REFERRED TO THEREIN; AND CONTAINING FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT~
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. Chapter 22, and the criteria manual referred to therein, of the Code
of Ordinances of the City of West University Place, Texas are hereby amended as set
out in Appendix A, which is attached and made a part of this ordinance.
Section 2~ This Ordinance applies from and after the Effective Date. For
permits and approvals applied for before the Effective Date, the existing ordinances
shall continue to apply until the work permitted or approved is completed, and such
existing ordinances are continued in effect for this purpose.
Section 3. All ordinances and parts of ordinances in conflict with this Ordinance
are repealed to the extent of the conflict only.
Section 4. 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 5. 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 amendedt 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 6. This Ordinance takes effect on the tenth day following its publication,
as provided in the City Charter (UEffective Date").
I . PASSED, APPROVED AND ADOPTED ON FIRST READING on
. djj:- ~r I ~cf.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
PASSED, PPROVED AND ADOPTED ON SECOND READING, AND
SIGNED; on .... /~ I A90 ../
Cou cilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Att~ ~
City Secretary ( al)
Signed:
Recommended: ~f~
City anager
ReView::~J
City Attorney
Appendix A
"Urban Forest" (Chapter 22)
Amendments
7 ~19-04
Add a definition
to Chapter 22, as follows:
"Urban .Forest .Enhancelnent Fund" or "UFEF" ll1eans the fund established as such bv this
Chapter.
Amend Section 22.005
as follows:
Sec. 22.005. Replacement trees.
(a) NUlnber of replacel11ent trees. Tree d ispos ition conditionsC and tree pennitsC authorizi ng
ren1.ovalc of or dalnageC to large treesc or protected trees shall nonnal.ly require replacen1ent by one or
ITIore newly-planted treesC 011 the saine subject siteC according to the Hreplacelnent inch" stipulations in
the criteria 111anuaf. To the extent on-site replacelnent If tfl.ts. is not feasible, the pernlittee 11lay choose to
ffiH5t eftH.ef: (i) plant and Inaintain off-site replacelnent treesC in reasonable proxin11tJr to with in 1..00Q-feet
of the subject siteC, subject to the provisions of the criteria Inanualc; ef (1 i) provide a repJacelnent-inch
certificate [rain a tree trustC or the UFEpc.. as provided in th.is section and rcplaCClnent trccse by 1110ans of
rep]ucClTICnt inches obtained throut;h n tree truste, us set forth in the criteria Inanualc" or (iii) provide
rep lacelnent inches by SOlne cOlnb i nation of the foregoing Inethods. .Re~ard less of the Inethod or
methods chosen"! the nUJ11ber of replacelnent inches planted on the sub.iect site~ plus those prov.ided bv
alternate rnethods.. 111115t equai or exceed the nUlnber calculated. according to the replacenlent inch
stipulations in the criteria Inanualc.
(b) Mini/nun1 size. Replaceluent treesC lllllst nonnally have a trunk diarneter of at least two inches
measured six inches froln the ground ~ If ten inches or lTIOre of rep lacelnent .i nches are requ ired bv a
pertuit one replacenlent treeC for each ten inches Blust have a trunk dialneter of at least four inches~
Ineasu red six inches fraIll the ground ~ ExanUJle: If twenty-fou r rep lacelnent inches are req 11 ired.. there
lTIllst be at least two replacenlent treesC "vith a trunk dialneter of four inches or nlore~ The urban foresterC
luay prescribe a proportionally slnaller trunk dialneter~ for species of treesC typically slnaller than nonnaL
(c) Qualified trees under zoning ordinance. To be a n qualified treeU under the zoning
ordinance, a treeC ITIUst cOlnply with the definition of nqualified treeU set out in this Chapter.
(d) Standard of revielVA The urban foresterC shall use reasonable best efforts to detenn ine the
type and number of replacelnent treesC required in an attelnpt to ll1inilnize any undue burden resulting
froln thi s C ha pter.
(e) Trees in street areas. .Before authorizing the establishluent or Inaintenance of a treeC or
decorative landscaping (or any related appurtenances sllch as lighting or a watering systenl) in a street
area, the .Building Officialo Blust: (i) be satisfied that TEX. TRANSc CO.O:E, Chapter 316 has been
cOlnplied with and (ii) detenTI ine there wou.ld be no violation of the provisions of this Chapter relating to
visibility trianglesc. The Building Officialo is designated by the City Council to nlake the detenninatiolls
contelllplated by Section 316.003 of said Chapter 316.
(f) Replacelllent inch certificates ~ If a tree truste or the UFEF issues an effective ureplacelnent
inch t1 certificate to the City, as provided in the criteria 111anuaL the ureplacelnent inchesrl described in the
certificate are treated the s~lne as_replacenlent treeC inches actually planted as of the date of the
celtificate. To be effective, the urcplaCCluent inch n certificate n1~lst state uncond itionally:
(1.) the n~llnc of the applicant and the proj Gct to \vhich the "rcplacc111cnt inchesu
~
(2) that the tree tr~lste "~yin plant the specified Hrcplacelllcnt inchesH \vithin
rca~onablc proxilnit), of the subject sitee, and ?/ithin the City lin1its, on or before
n specified planting date, ~l/hich I1lust fall \~7itllin 3 65 dny~ foUov/ing the date of
the certificate;
(3) that the Hrcplacctuent inches" \vi"ll be planted and 111uintn.incd .in accordance \vith
the pro\~isions of this ordinance and thc criteria nlanunle~
( 1) That all costs have been paid.
j.^1. certificate ITIay be conditioned so that it '*t~/ollld only bCCUJTIC effective if the npp licant fai Is to plant
other treese by the specifi cd p lanti ng date.
(g) Replacenlent inch credits. An owner of a site in the City who plants a Class I or Class II
treeC on that site is eligible to receive a cred it for future Hreplacenlent inches. r1 The owner Inay Lise the
credit to offset the l1lunber of Hreplacetnent inchesH assessed for protected treesC relTIovedc fr01TI the same
site at any tinle in the future. Credits are subject to the following:
(1) Issuance~ Credits are only avai lable for treesC registered with the urban foresterC
within 30 days following the day they are planted. ..Registration requires
application and proof of planting. The registra60n fornl shall specify the size
and species of each treeC planted and its location on the site.
(2) Measurenlent. The I1lllnber of replacelnent inches actually credited is
detennined by the urban foresterC at the time an offset in requested, based on the
health and size of the previously-registered treesC and applying the provisions of
the criteria J11al1.ualc regard ing calculation of replacen1ent inches.
(3) Transferability. Credits are not transferrable to another site but 111ay be clailned
by subseq uent owners of the saine site.
( 4) Record s. The City is not respolls i b Ie for keep ing reg.i strati on or other records of
credits~ A persono clainling a cred it lllllst present dOClllnents to sho\v that the
cred it is availab Ie and app I icab Ie.
(h) Urban Forest Enhancenlent Fund. The urban forest enhanceJnent fund (UFEF) of the City is
hereby established. The .UFEF is subiect to all restrictions on publ ic funds and other funds of the City~
including the requirenlent for annual budgetin~. H:owever.. lTIOney in the UFEF Inay only be budgeted
and spent for the [oJ.lowing: purposes:
ill purchasing~ planting or otherwise providing trees in public spaces in the C itv:
m lnai ntaining or otherwise enhan ci n g trees in pub I ic spaces in the C ity~ or
ill Inatters necessary or incidental to the above.
Deposits Inay be lnade 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: (i) acknowledgnlents in the nalne of the City.. and
(ii) "replacenlent .inch" certificates as provided in the criteria luanual.
(....
Amend Section 3.2.2
of the Criteria Manua.J as follows:
3~2.2 ~AA "/3 ita hIe .Pla n Hug I.^.. rea: On...site and Off-site Replacement; Certificates
:Rcplnccment Trees should be planted on the Subject Site froln ~lNhich existin,; trees arc to be relr..oved. If this i~ not
feasible, the applicant TIlay either:
o Initiate a proposJl to plant Trees off site if the plJntin; site is in rea::;onable prOXllnity to the project area.
o Provide for RcplaceIllcnt Trees throu;h a Hrcp]J,ccll1cnt inch" cortificate from n Tree Trll~t.
(a) Permittees lTIUst subnlit proof reasonably satisfactory to the Urban Forester that the requisite
revlacement inches have been planted or otherwise provided~ bv any one or ITIOre of the lnethods allowed bv Chapter
22 and this criteria nlanuaL as chosen by the oenllittee. Such proof Inay include proof of actual planting or
Hreolacen1ent inch" certificates issued bv a tree trust or the Urban Forest Enhancelnent Fund (UF.EFt
(b ) To be effective. a tt rep la CelTI en! inch U certi fi ca te fi.o lTI a tree trust 111 u st state un co oct it i ana 11 y:
ill the naJne of the applicant and the oroiect to which the ureolacelnent inchesll apply:
m that the tree trust will olant the specified ureplacenlent incheslt within 1000 feet of the
subject site~ and within the City Iimits~ on or before a specified planting date~ which Inust
fall within 365 days following the date of the certificate:
m that the llreplacenlent inchesH will be planted and maintained in accordance with the
provisions of this ordinance and the criteria 111anual: and
.c:u that all costs have been pa i d.
(c) To be effective~ a Hrep]acetnent inchu certificate fraln the UF.EF OlLIS! state unconditionaJly:
ill the name afthe applicant and the proiect to which the Ilreplacetnent inchesu apply~
m that a deposit to the UFEF has been .made for that appl icant and that prniect and
ill that the deposit is equivalent to a calculated nUJnber of"replacelllent inches~' (calculated
at the rate of one inch per $125 deposited).
(d) A replacenlent-inch certificate Inay be conditioned so that it would only becoIne effective if the
aODlicant fails to plant other treesC by the specified planting date.
Amend Appendix A
of the Criteria Manual as follows:
(1) Delete "Palnletto," "Date Palln,".Desert PaJm," ".Florida Sabal PalIn," "Meditterranean .Fan
Palin," "M.exican Fan Pahn/' Sago Palrn," "Windnlill Pahn," "Hercules-Club Prickly Ash,~' and
"0 lean de r"
(2) Move "Box Elder Maple" and "Can'phor" fr01TI Class 3 to Class 4.