HomeMy WebLinkAboutArticle XIV - urban forest preservation & enhancement
Article XIV
URBAN FOREST PRESERVATION AND ENHANCEMENT
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 preservation 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 reasonably feasible, for future generations. Mature
Trees, if destroyed, can be replaced only after generations of time.
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 1
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 drip line diameters. See Figure 1 b attached to
the Criteria Manual.
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Criteria Manual means the "Criteria Manual" dated June 19, 1992, 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 after a reasonable
period of time. 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 roo!s, 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.
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 a given Subject Site if any part
of its trunk is within the Subject Site at ground level.
Mu ltip le- Trunk Tree means a Tree with two or more trunks visibly
connected above the ground.
Person means any individual, entity, corporation, trust, unincorporated
organization, partnership, or any other form of entity.
Protected Tree means:
(a) A Large Tree Located within: (i) the front 25 feet of any
existing or potential Building Site located within any Subject Site
(measured from the Front Street Line of the Building Site), (ii) the area
within each abutting street out to the centerline of the street, or (iii) for
corner Subject Sites only, the side 10 feet of any Building Site located
within the Subject Site (measured from the Side Street Line of the
Building Site).
(b) A Significant Tree anywhere in the City.
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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.
Replacement Tree means a Tree meeting the minimum criteria for
Replacement Trees as set out in the Criteria Manual and this Article.
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 (12) inches or greater,
measured in any direction. (Also see definition of Large Tree.)
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:
(a) The Subdivided Lot upon which the Development or Pre-
Development Activity would occur; and
(b) Any portion of an adjoining Subdivided Lot which:
(i) Is under common ownership with the first
Subdivided Lot;
(ii) Is not part of another Subject Site; and
(iii) Has been included by the owner of the Subject Site
by the submission of a plat, legal description of
other document to the City showing the adjoining
Subdivided Lot (or portion thereof) as part of the
Subject Site for the given Building or Structure; and
(c) Any Street area (out to the centerline of the Street)
abutting the Subdivided Lots described in (a) or (b) above.
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Tree means a woody plant having one well-defmed stem or trunk, a
defined crown and a mature height of at least eight (8) feet.
Tree Disposition Plan specifies how Large Trees, which includes
Significant Trees, and Critical Root Zones will be protected from
Development and Pre-Development Activity. It may specify Large Trees to
be relocated, removed, or replaced. Unless otherwise indicated in the Criteria
Manual, the Tree Disposition Plan 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.
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 comer lying within a
triangle beginning at the precise intersection point of the curbs of each of the
two Streets forming the corner 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 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. Permits Required for Trees Not Covered by A Tree Survey
or Tree Disposition Plan Due to Development or Construction.
(a) Permits Required. In general, permits must be obtained by all
Persons who wish to remove or Damage Protected Trees not covered by a
Tree Disposition Plan (that is, Protected Trees not involved with
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Development or Pre-Development Activity on a Subject Site). See Section 6-
509 for a more particular description of the requirement for a permit.
(b) Criteria For Issuance Of Permits. The Building Official shall
only issue a permit under this section if (i) and either (ii) or (iii) are present:
(i) Application.
An application for the permit must be filed by the owner
of the Subject Site where the activity would occur.
(ii) Tree in Poor Condition.
A permit shall be issued without penalty or cost (including
the requirement of any Replacement Trees) if the Tree in
question is diseased, severely damaged or dead on the
Subject Site.
(iii) Tree is Impediment to proposed use of the Subject Site.
The Tree in question causes an unreasonable impediment
to use and enjoyment of the Subject Site. Any permit
issued under this subparagraph shall be reviewed by the
Urban Forester for determination of the requirement of any
Replacement Trees.
(c) Conditions Required. Any permit issued under subparagraph
(iii), above, must require that any Replacement Tree required by this Article
be planted and, if Located on a Subject Site controlled by the applicant, be
thereafter maintained. If the permit would authorize Damage to a Protected
Tree, the permit must contain conditions reasonably calculated to minimize
the Damage to the Protected Tree.
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Section 6-504. Reauirement for Tree Surveys and Tree DisDosition Plans Due
to Development or Construction on Subiect Site.
(a) Required For Pre-Development And Development Permits. The
Building Official shall not issue any permit for any Development or Pre-
development Activity within the City unless the following documentation has
been delivered to the Building Official, or the Urban Forester:
(i) Tree Survey
A Tree Survey must have been filed and approved by the
Urban Forester as being in compliance with this Article
before the commencement of any activity (including,
without limitation, demolition).
(ii) Tree Disposition Plan
A Tree Disposition Plan for the activity and the affected
areas on the Subject Site must have been filed and
approved by the Urban Forester as being in compliance
with this Article,
(iii) Permit Conditions Inserted.
The building permit must contain an express condition
prohibiting the removal, Damaging or death of any Large
Tree except as authorized by an approved Tree Disposition
Plan.
(b) "Low-Impact" Exception. 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.
(c) Criteria For Decisions. A Tree Disposition Plan shall not
authorize the removal, Damage or death of a Large Tree unless the Tree is
diseased, severely damaged or dead, or unless it causes an unreasonable
impediment to the use and enjoyment of the applicant's property. As a
condition to removing the subject Tree, a Tree Disposition Plan shall require
Replacement Trees to the extent provided in the Criteria Manual. If a Tree
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Disposition Plan permits Damage to a Tree, the Tree Disposition Plan shall
include conditions reasonably calculated to minimize the Damage.
Section 6-505, ReDlacement Trees: Streets.
(a) Number of Replacement Trees. A permit or Tree Disposition
Plan which authorizes the removal of or Damage to a Protected Tree shall
normally require that the Protected Tree be relocated or replaced with one or
more newly planted Trees on the same Subject Site, or, if requested by the
applicant and- so agreed by the Urban Forester, in the proximity of the
Subject Site, subject to the provisions of 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 a~empt to minimize any undue burden resulting from this Article.
(e) Trees In Streets. Before issuing or approving a permit or Tree
Disposition Plan to authorize establishing or maintaining 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. CIV. 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. l085c.
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Section 6-506. Protective Fencing.
(a) Fences Required. Unless otherwise specified in the applicable
Tree Disposition Plan, each Protected Tree to be preserved must be fenced
during Development or Pre-Development Activity.
(b) Fence Criteria. The Tree Disposition Plan 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 Plan specifies otherwise: (i) a six-foot 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, and (ii) the fence may
incorporate existing fences or walls as well as temporary fencing.
(c) Fence Permit. A separate fence permit is not required for
construction of a fence under this section, if a building permit for the work is
in effect and a Tree Disposition Plan has been approved.
(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, Visibility Triangles.
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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Section 6-508, Administration: Information; Cooperation' 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) Referral; Duties. The Building Official shall refer Tree Surveys,
Tree Disposition Plans and applications for Tree pennits 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 pennits or Tree Surveys
and Tree Disposition Plans) 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 City Council.
(d) Reference And 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.
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(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 services of expert foresters to provide
advice and assistance to themselves and the City. The Urban Forester 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 performing
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.
Section 6-509. Violations.
(a) Removal, Damaging, Killing of Protected Trees. Except as
authorized by a permit issued under this Article, it shall be unlawful, at any
time: (i) for a Person to remove, Damage or kill a Protected Tree within the
City; (ii) for a Person, who owns or controls any existing or potential Subject
Site, to cause or allow a Protected Tree to be removed, damaged or killed if
it is Located within the Subject Site.
(b) Affirmative Defenses. It shall be an affirmative defense to
prosecution under this Article that: (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 five days thereafter, (iii)
an appropriate permit or amendment was obtained, (iv) there was full
compliance with all conditions of the permit or amendment, or (v) an
approved Tree Disposition Plan (contained in a building or other permit)
authorized and sanctioned the conduct in question.
(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
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Building Site in question may be withheld until the condition is complied
with to the satisfaction of the Urban Forester, building official or any 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 Regulations. 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) Liberal Interpretations Authorized. 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
conside,red 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.
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