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HomeMy WebLinkAboutTree rules ., ",' These Commission granted by Texas. CITY OF WEST UNIVERSITY PLACE, TEXAS ZONING AND PLANNING COMMISSION TREE RULES Tree Rules are adopted by the Zoning and Planning of the City of West University Place pursuant to authority the Zoning Ordinance of the City of West University Place, - ---.- -.Any of, the following species of trees are considered "qualified trees" as that definition is used in the Zoning Ordinance. Section 1. - Species. A. Qualified Large Trees Bald cypress Shumard oak Burr oak Swamp chestnut oak Live oak Chinese elm Cedar elm Nuttall oak Overcup oak Durand oak Red oak Water oak Camphor Hickory Green ash Red maple Sugar maple Chalk maple Big tooth maple American elm Linden White oak Oriental & Mexican oaks Sweet gum Tulip tree Pecan Water tupelo Spruce pine Loblolly pine Longleaf pine Large palms Southern Magnolia B. Qualified Small and Medium Trees American holly Yaupon Crepemyrtle Callery pear Chinese pistachio Mexican plum Redbud Cherry laurel Texas pistachio Dahoon holly Possum haw Ironwood Winged elm Chaste tree (vitex) Texas persimmon Jerusalem thorn American hop-hornbeam Carolina buckthorn Flameleaf summac Smooth sumac Evergreen pear Red cedar White cedar Chinese quince Viburnum spp. Texas Mt. Laurel -1- Wax myrtle Loquat Anaqua Hawthorn Golden rain tree Japanese persioonon Russian olive Southern crabapple Mexican buckeye Deodar cedar Purple leaf plum Japanese black pine Western soapberry Ligustrum Section 2. - Size and Selection of.Species A. Selection of Species. Any qualified tree (small, medium or large) may be planted in any residential district to qualify with the requirements of the zoning ordinance, with the exception of planned development districts. For commercial zoning districts and any planned development districts, at least seventy percent (70%) of the total number of trees specified on the development plat (or related site plan) must be large qualified trees, unless specifically approved otherwise by the Planning .and Zoning Commission. B. Laroe Trees. At the time of planting, a large qualified tree must have at least a 4 inch caliper (the diameter of the tree at its base). C. Small or Medium Trees. At the time of planting, a small or medium qualified tree must have at least a 2 inch caliper. A Large Tree with less than a 4 inch caliper but more than a 2 inch caliper shall be deemed to be a Medium Tree. Section 3. - Placement. A. Existinq Buildino Site. The species, size and placement of existing trees on any building site must be indicated on a survey plat of the building site preseuted to the building official of the City of West University Place at the time of request for (i) demolition permit, or (ii) building permit. This requirement shall apply to the front yard and the front right of way area of each building site, and any side yard abutting a street and side street right of way area of any building site on a corner. Any other trees located on a building site need not be located or included in the survey plat. The survey plat shall have attached to it a statement signed by the then owner of the building site stating under oath that (i) the owner has made a diligent inspection of the building site, (ii) the owner has taken all reasonable efforts to accurately identify, measure and locate the trees required to be located and identified under the Tree Rules, and (iii) the survey plat includes all trees required to be included within the survey plat. This affidavit may be signed by a qualified tree surgeon, landscape architect or other knowledgable tree professional in place of the -2- owner, should one have been retained by the building site owner to assist in the preparation of the survey plat. Trees with less than a 10 inch caliper need not be included on the survey plat. In the event no trees on the building site located in the front yard, street right of way or side yard and street right of way on a corner which measures 10 inches or more, an affidavit of that fact shall be signed as required above. B. Planned Development District. As part of any development 'plat for a planned development dlstrlct, all trees on a building site must be located and identified which have a 4 inch caliper or more. The development plat shall indicate which trees the owner desires to remove or relocate and the location, size and species of any new trees to be planted. , C. Street Rifht of Way. Only trees which listed in Section ma be lanted ln the street adjacent any u lng slte. T e street rlg t 0 portion of the dedicated roadway according to the plats of subdivisions located in the City of West University Place, Texas, which is not located within an existing improved roadway and is generally described as the area between the top of the existing curb (or the end of the existing street pavement if there is no curb) and the interior edge of any existing sidewalks. New trees planted in the street right of way must be set back from the top of the curb at least eighteen inches and at least five feet from a driveway opening onto a residential street and ten feet on a major thorough- fare. Existing trees need not be removed even if not in compliance with these requirements. D. Street Intersection. No trees shall be planted within the restricted area set forth in Section 19-86, et ~., of the City Code of the City of West University Place,-as amended, regarding visibility at corners. Section 4. - Maintenance. A. Owner's Obligation. The owner of a building site is obligated to properly maintain all qualified trees required by the Zoning Ordinance or a Planned Development District Ordinance. B. City Maintenance. During the first year after a qualified tree is planted pursuant to the requirements of the Zoning Ordinance or a Planned Development District Ordinance, should the owner of the building site fail to properly maintain any required tree located in the street right of way, the City may undertake such maintenance, and charge the owner of the building site a reasonable fee for such services, including any fees incurred with third party professionals (plus a fifteen percent oversight charge). The City shall not issue a demolition permit, building permit or occupancy permit for the -3- building site in question until such charges have Such charges shall be due upon demand and a late of the amount due may be charged for each month unpaid. This Subsection 4(B) shall not apply to located in a single family zoning district. been paid in full. fee of one percent the charge remains any building site Adopted by the Planning and Zoni West University place effective the 19 eX. of -4-