0585D
OFFICIAL RECORD
ORDINANCE NO. 585-D
AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE
585-B, WHICH ESTABLISHES THE REGULATIONS FOR THE
PRESERVATION OF TREES; PROVIDING FOR THE PURPOSE AND
INTENT; PROVIDING FOR DEFINITIONS; REQUIRING A TREE PERMIT TO
ALTER A PROTECTED TREE; PROVIDING TREE PRESERVATION
CRITERIA AND REVIEW PROCESSES FOR TREE CONSERVATION
ANALYSES, TREE CONSERVATION PLANS, AND TREE PERMITS;
AMENDING THE TREE PROTECTION AND REPLACEMENT
REQUIREMENTS; PROVIDING TREE PLANTING AND TREE REMOVAL
STANDARDS; PROVIDING FOR ENFORCEMENT PROCEDURES AND CIVIL
AND CRIMINAL PENALTIES FOR VIOLATIONS; PROVIDING A PROCESS
FOR APPEALS AND VARIANCES; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A CUMULATIVE
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas, is a home rule City acting under its charter adopted by the
electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government
Code; and
WHEREAS, the Southlake City Council fIrst adopted Ordinance 585 on June 15, 1993 with the goal of
preserving trees and subsequently amended Ordinance 585 on December 16, 1997, and January 4, 2000, revising
regulations relating to the protection of trees; and
WHEREAS, the Southlake City Council has determined that it is appropriate and in the best interest of the
City to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 585-C as
provided herein;
WHEREAS, the Southlake City Council has determined that amending Ordinance 585-C is required to
implement the Tree Protection recommendations of the City's Comprehensive Master Plan, the Southlake 2025
Plan; and
WHEREAS, the City council has given published notice and held public hearings with respect to the
amendment of Ordinance 585-C as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
Ordinance 585-C, Tree Preservation Ordinance of the City of South lake is hereby amended to read as follows:
1.0 TITLE
This Ordinance shall be known as the City of Southlake Tree Preservation Ordinance.
2.0 FINDINGS
The Southlake City Council [mds that:
2.1 Trees transpire considerable amounts of water, produce oxygen, and absorb carbon-dioxide, thus
reducing air pollution;
2.2 Trees have an important role in improving water quality by neutralizing pollutants in ground water
run-off;
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2.3 Trees, through their root systems, stabilize the ground water tables, and play an important and effective
part in soil conservation, erosion control, and flood control;
2.4 Trees are an invaluable physical and aesthetic asset to development and make cities more comfortable
by providing shade, cooling the air and land, and reducing noise levels and glare;
2.5 Trees provide critically needed habitat and food source for wildlife; and
2.6 For the reasons stated above, preservation of mature tree stands and environmentally sensitive areas in
conjunction with development has a significant impact on the desirability of land and therefore adds
value to the individual development and the increases the livability of the City.
3.0 PURPOSE AND INTENT
The purpose of this Ordinance is to ensure environmentally sensitive site planning which furthers the
preservation of mature trees and natural areas; to protect trees during construction; to facilitate site design and
construction which contribute to the long term viability of existing trees; and to control the removal of trees
when necessary. It is the further purpose of this Ordinance to achieve the following broader objectives:
3.1 Prohibit the clear-cutting of property;
3.2 Protect and increase the value of residential and commercial properties within the City;
3.3 Maintain and enhance a positive image for the attraction of new residences and business enterprises to
the City;
3.4 Protect healthy quality trees and promote the natural, ecological, environmental, and aesthetic qualities
of the City;
3.5 Implement the Environmental Resource Protection recommendations of the Southlake 2025 Plan; and
3.6 Maintain and enhance Southlake's identity as a Tree City USA.
4.0 DEFINITIONS
GENERAL RULES: The following rules shall be applied in constructing, interpreting or otherwise defming
the terms hereof:
a. Words used in the present tense shall include the future, words used in the singular number shall
include the plural number and words used in the plural shall include the singular.
b. The word "shall" is mandatory and the word "may" is permissive.
c. The word "person" shall include any individual, firm, corporation, partnership, joint venture,
organization, or any other entity.
DEFINITIONS: Certain words or terms applicable to this Ordinance are defmed as hereinafter provided.
Words and terms used in this Ordinance, but not defmed in this Ordinance shall have the meanings contained
in the Zoning Ordinance, Landscape Ordinance or other ordinances of the City. Words and terms defmed in
two ordinances shall be read in harmony unless there is an irreconcilable conflict, in which case the definition
contained in this Ordinance shall control.
ADMINISTRATIVE OFFICIAL: The department director appointed by the City Manager to administer this
Ordinance, or the department director's designee.
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AGRICULTURAL USE: Any use on property zoned "AG-Agricultural" that is related to active farming,
livestock, or ranching, including using land as pasture or in the production of crops, or horticultural products,
the keeping of livestock, including but not limited to poultry and hoofed animals such as cattle, horses, goats,
and sheep, for commercial or noncommercial purposes, and the construction and maintenance of agricultural
accessory buildings.
ALTER: ALTERS: ALTERATION: Any act which causes or may reasonably be expected to cause a tree to
die, including but not limited to, any of the following: uprooting any portion of the tree's root system;
severing the main trunk of the tree; inflicting damage upon the tree's root system by machinery, storage of
materials, or the compaction of soil above the root system of a tree; changing the natural grade of the critical
root zone of a tree or uphill from the critical root zone of the tree so as to divert the flow of water to or away
from the critical root zone; applying herbicidal or other lethal chemicals to the tree or any portion of the
critical root zone of the tree; placement of impermeable material over any portion of the critical root system
of a tree; and trenching within the critical root zone. A protected tree shall be considered to be altered if one
or more of the following occurs: more than twenty-five percent (25%) of the critical root zone is adversely
affected, more than twenty-five percent (25%) of its canopy is removed, or the tree is disfigured to the extent
a reasonable person would conclude the tree will not survive.
ALTERNATIVE TO A TREE SURVEY: A document that provides the location and details of trees and
contains the information set forth in Appendix A (attached to and fully incorporated into this Ordinance), and
which may be submitted in lieu of a tree survey where specifically allowed by this Ordinance.
BUILDING PAD: The actual foundation area of a building and a reasonable area not to exceed six (6) feet
around the foundation necessary for construction and grade transitions.
BUILDING PERMIT: The official authorization by the City to allow any construction on any property in the
City that increases the impervious cover on the lot, tract, or portion of land.
CALIPER: American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper
of the trunk shall be taken six (6) inches above the ground for up to four (4) inch caliper size and twelve (12)
inches above the ground for larger caliper sizes.
CERTIFICA TE OF OCCUPANCY (CO): An official City acknowledgement that indicates conformance with
all applicable City regulations and authorizes the legal use and occupancy of the premises for which it is
issued.
CERTIFIED ARBORIST: A specialist in the care of individual trees, knowledgeable about the needs of
trees, and trained and equipped to provide proper care of trees, and certified by the International Society of
Arboriculture as a Certified Arborist.
CRITICAL ROOT ZONE: The area of undisturbed natural soil around a tree defined by a horizontal circle
drawn at grade with the center being the center of the trunk of the tree and a radius equal to the distance from
the trunk to the outermost portion of the drip line.
CUTIFILL: Areas where the natural ground level has been modified either through excavation (cut) or fill.
DBH (DIAMETER AT BREAST HEIGHT): The diameter of a tree trunk, or, in the case of a multi-trunk
tree, the total of the diameter of the largest trunk and one half (12) of the diameter of each additional trunk,
measured at a height of 4 12 feet above the ground.
DEVELOPMENT: Any construction activity for which a building permit or earth disturbance permit is
required under the ordinances of the City.
DEVELOPMENT REVIEW COMMITTEE (DRC): A committee comprised of City staff, including the
Administrative Official, charged with reviewing all development applications to ensure compliance with all
of the City's ordinances and regulations.
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DRIP LINE: Whichever of the following encompasses the greatest area: (1) the irregular shape formed
around a tree by a series of vertical lines that run through the outermost portion of the canopy of the tree and
extend to the ground, or (2) a circular area with a radius of one-half (~) the height of the tree extending
outward from the center point of the tree.
EARTH DISTURBANCE PERMIT: An official authorization by the City to allow any person to re-grade,
excavate, disturb, or store spoils on any property in the City as required by the City's adopted Building Code.
EASEMENT: The authorization by a property owner for the use by another, and for a specified purpose, of
any designated part of such property. Easements may be temporary or permanent.
EASEMENT. CONSERVATION: A permanent deed restriction that limits development of property, or a
transfer of an interest in property to a public or non-profit entity approved by the City, duly recorded in the
deed records of the County and binding on all subsequent owners, and for the purpose of protecting and
preserving environmentally sensitive natural resources, in which the landowner retains fee title to the
property.
EASEMENT. PERMANENT: The permanent transfer by plat or written instrument of an interest in property
or authorization by a property owner for the use by another, for a specified limited purpose.
EASEMENT. TEMPORARY ACCESS: An easement granting a right of access to property that is adjacent
to a property being developed to provide temporary access for construction activities on the property being
developed. The easement is granted only for the period of the construction activity.
EASEMENT. TEMPORARY CONSTRUCTION: An easement granting a right of use of property that is
adjacent to a property being developed to provide temporary access required for the installation of required
and approved utility lines and other infrastructure to serve the property being developed. The easement is
granted only for the period of the construction activity.
EASEMENT. UTILITY OR DRAINAGE: An area designated on any plat or other instrument approved by
the City for the location of utility lines or facilities for the flow of stormwater.
ENVIRONMENTAL PRESERVE: A natural open space reserved for land that is under permanent
conservation, such as areas in the flood plain, woodlands to be preserved, creeks, water bodies, steep grades,
and other environmentally sensitive lands, and including land protected through conservation easements.
ENVIRONMENTAL RESOURCE PROTECTION (ERP) RECOMMENDATIONS AND MAP: Sections of
the City's Parks, Recreation, and Open Space Plan, a component element of the Southlake 2025 Plan that
provides the policy guidance for the protection of key environmentally sensitive resources in the City, and
identifies priority areas for the protection of significant environmentally sensitive areas in the City.
EXISTING TREE COVER: The sum total of the area that is located beneath the canopies of all protected
trees on the lot or tract on the date of development application, as measured by accepted forestry practices.
FOOTPRINT: An area not to exceed six feet (6') in all directions around impervious surfaces as designated
on an approved Site Plan.
HEA VIL Y WOODED AREA: An area of continuous wooded vegetation where trees are at a density of at
least one protected tree per 325 square feet of land, where the branches and leaves form a continuous canopy,
and which consists of at least five (5) trees.
LANDSCAPE ARCHITECT: A person licensed to use the title of "landscape architect" in the State of Texas
in accordance with state law.
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MUL TIPLE TREE CLEARING: Alteration of one or more protected trees located on property zoned AG
Agricultural, in excess of the seven (7) protected trees that may be altered in each calendar year in accordance
with section 8.I.c.
MUNICIPAL/PUBLIC DOMAIN PROPERTY: Property owned by a governmental entity such as the City,
county, state, federal government, school district or other such entity, such as City Hall, public parks, Corps
of Engineers property, public rights of way ("KO.W."), libraries, frre stations, and water tower, water
treatment and other public works facilities.
OWNER: Any person holding a legal or equitable interest in land, or a lessee, agent, employee, or other
person acting on behalf of such person.
PARKS. RECREATION. & OPEN SPACE MASTER PLAN: The component element of the Southlake
2025 Plan that serves as the community's blue print for the City's future parks and open space facilities.
PLANNING AND ZONING COMMISSION: A volunteer citizen body appointed by the City Council which
is authorized to make recommendations on the physical development of the City including land use, zoning,
and transportation issues.
PROTECTIVE FENCING: A physical and visual barrier installed around the critical root zone of a protected
tree as required by Section 9.8 of this Ordinance in order to prevent damage to the tree and its root system.
REFORESTATION FUND: The fund established by the City for the purposes of implementing the
environmental resource protection goals of the Southlake 2025 Plan including:
a. educating the public on the aesthetic and health benefrts of conservation and environmental
preservation;
b. planting, maintaining, and managing trees and landscaping on public property in the City;
c. creating and expanding wooded property within the City;
d. purchase of conservation easements and/or environmental preserves; and
e. other similar purposes indicated in this Ordinance and as approved by City Council
REFORESTATION FUND ADMINISTRATOR: The person appointed by the City Manager to administer
the Reforestation Fund.
RIGHT-OF-WAY: (Abbreviated ROW) A strip ofland, other than a drainage or utility easement, occupied
or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline,
water main, sanitary or storm sewer, or for another special use.
SELECTIVE THINNING: The process by which non-contiguous protected trees are identifred and removed
within a heavily wooded area to provide the maximum benefrt to the remaining protected trees.
SOUTHLAKE 2025 PLAN: The City of Southlake's Comprehensive Master Plan, as amended, as adopted
by the City Council.
STREET TYPOLOGY MAP: The component of the City's adopted Mobility & Master Thoroughfare Plan, a
component element of the Southlake 2025 Plan, showing street typologies, which are overlay designations to
the functional classifrcation system of the City's roadway network linking street functionality with design
priorities for all streets.
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TREE: Any self-supporting woody perennial plant which will normally attain a trunk diameter of two inches
or more when measured at a point four and one-half feet above ground level and an overall height of at least
fifteen (15) feet at maturity.
TREE. DISEASED. INFECTED OR DAMAGED: A tree that is:
a. infected with a disease or a parasite making it reasonably likely that the tree will either die within three
(3) years or pose a significant threat of infecting other trees of the same or similar species; or
b. damaged, in whole or part, to such an extent that either the tree is reasonably likely to die within three
(3) years; or
c. hazardous, in whole or part, to such an extent that it presents a significant danger to the general public.
TREE. PARK: Trees in public parks and all areas owned by the City to which the public has access as a park.
TREE. PROTECTED: Any tree that has a diameter at breast height of six (6) inches or greater.
TREE. STREET: A protected tree located within or directly adjacent to a public right-of-way.
TREE BOARD: A board appointed by the City Council to carry out specific duties and responsibilities as set
forth in Article 15 of this Ordinance. The Zoning Board of Adjustment shall constitute the Tree Board unless
the City Council appoints a different tree board.
TREE CONSERVATION ANALYSIS: A preliminary analysis that shows the general site design direction
of the development including general placement of building pads, parking areas, and infrastructure based on
the environmental features of the property.
TREE CONSERVATION PLAN: A plan that illustrates, in detail, the impact of all proposed development
including the impact of buildings, parking areas, streets and all other infrastructure on all environmental
features of the site such as protected trees, natural creeks, ponds, steep grades, and other critical resources.
TREE PERMIT: The official authorization by the City required to alter any protected tree not exempted by
this Ordinance.
TREE PRESERVATION AREA: An area identified on any plan approved by the City Council denoting a
significant tree stand(s) which is to be preserved during and after development of that property.
TREE PROTECTION SIGN: A sign furnished by the City's building official which sign describes prohibited
conduct detrimental to trees.
TREE SURVEY: A plan drawing that provides legend details about the location and details of trees and
contains the information set forth in Appendix A (attached to and fully incorporated into this ordinance),
including but not limited to drawings by a licensed surveyor, a licensed architect, or, if less than twenty (20)
trees are involved, a person approved by the Administrative Official.
TREE TECHNICAL MANUAL: The manual that contains the text of this Ordinance and any graphic
depictions, tables, or other illustrative material created and approved by the Administrative Official to
illustrate the requirements of this Ordinance.
TREE TOPPING: The sever cutting back of branches to stubs larger than three inches in diameter within the
tree's canopy to such a degree so as to remove the normal canopy and disfigure the tree.
UTILITY: The service or product provided by a utility provider, including but not limited to, the provision of
gas, electric, water, waste water, drainage, storm water, telecommunications, cable, or telephone service for
users within the City.
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UTILITY, CITY: The City of Southlake public works department or City employee or entity employed on
the behalf of the City providing a utility service.
UTILITY LINE: A conduit, channel, ditch, tube, duct, hose, wire, box, pipe, or similar conveyance device
through which a utility is transported, provided, or conveyed, excluding utility service lines.
Channels, ditches, creeks, detention/retention ponds, and other drainage improvements shall constitute a
utility line for purposes of this Ordinance only to the extent that such improvement is required by the City or
other public entity as an integral and necessary part of an approved drainage plan, is located so as to avoid, to
the greatest extent practical, altering protected trees, and is approved by the Administrative Official.
Ponds, channels, creeks, or other bodies of water intended or created primarily for decorative, scenic, or
recreational purposes shall not constitute a "utility line" for purposes of this Ordinance, unless such
improvement is required by the City engineer or by ordinance, even if such areas may serve some drainage
purposes.
UTILITY SERVICE LINE: A conduit, channel, ditch, tube, duct, hose, wire, box, pipe, or similar
conveyance device through which a utility is transported, provided, or conveyed to a single lot or tract, to the
extent that the conveyance device is located on that lot or tract.
UTILITY PROVIDER: A company or entity, or agent for a company or entity, including a municipality that
provides a utility service within the City.
5.0 TREE PERMIT REQUIRED
5.1 TREE PERMIT REQUIRED: Except as provided in Section 5.3, no person shall alter a protected tree
unless the alteration is authorized by a valid tree permit or Multiple Tree Clearing permit.
5.2 OFFENSE: A person commits an offense ifthe person alters any protected tree without a tree permit,
unless the alteration is exempted by this ordinance. A person commits an offense if the person alters
any protected tree in violation of the terms of a tree permit.
5.3 EXEMPTIONS: Alteration of the following tree(s) shall be exempt from the provisions of this
Ordinance:
a. Any tree that endangers the public health, welfare, or safety such that immediate alteration is
required;
b. Any tree that has disrupted a public utility service due to a tornado, storm, accident, flood, or
other act of nature, provided that alteration of such a tree shall be limited to the portion of the
tree reasonably necessary to reestablish and maintain reliable utility service;
c. A tree located on the property of a licensed plant or tree nursery which has trees planted and
growing on the premises for the sale or intended sale to the general public in the ordinary course
of the nursery's business;
d. Any tree, other than a street tree, located on a lot or tract shown on an application or plan for
development submitted after the effective date of this Ordinance in any residentially zoned
district, including but not limited to SF20, SF30, SFl, RE and the lots zoned for residential uses
only in the Transition, Rural Conservation, Planned Unit Development, or Employment Center
zoning and DT zoning districts, which the owner occupies as a homestead, shall be exempted
from the application of this Ordinance except that any lot or tract, or portion thereof, designated
as a tree preservation area, or tree designated as "protected" on a Tree Conservation Plan
approved after the effective date of this Ordinance shall not be exempted from the provisions of
this Ordinance.
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e. Any lot shown on a plat application or plan for development submitted before the effective date
of this Ordinance shall be subject to the provisions of Ordinance 585-B unless the application or
plat expires or the project is abandoned or significantly altered, in which event the lot shall be
subject to those provisions ofthis Ordinance which apply to the new project.
f. A tree located on property which is zoned AG (Agricultural) and being actively used for
agricultural purposes or as a homestead, as long as the tree is located within a radius of 150 feet
from the principal structure on the property or the owner's residence that is used as a homestead.
6.0 TREE PERMIT: APPLICATION, STANDARDS FOR APPROVAL AND ISSUANCE
6.1 TREE PERMIT APPLICATION - UNRELATED TO DEVELOPMENT: An application for a Tree
Permit that is unrelated to development shall include the following information:
a. The name, address and telephone number of those persons or entities who own the property and
those persons or entities seeking the permit;
b. The address, existing use, and zoning of the property;
c. A detailed written statement stating the reasons for the requested alteration including citation to
any relevant provision of this ordinance that may authorize the alteration and including the
following:
i. The amount of land to be disturbed, if any;
Il. The method and equipment to be used; and
lll. The dates the proposed alteration would take place;
d. A legible diagram or map indicating the following for the area reasonably likely to be affected if
the permit is issued:
1. Location of all existing structures, improvements, streets or rights-of-way, property lines,
setback and yard requirements.
Il. Location of all existing utility lines, utility service lines, and easements.
Ill. The common and botanical name, size and location of all trees specifically designated by
number; and
d. Such additional information as the Administrative Official may reasonably require given the
particular characteristics of the property.
6.2 TREE PERMIT APPLICATION - RELATED TO DEVELOPMENT: An application for a Tree
Permit Application that is filed in conjunction with development shall include the following
information:
a. City approved Tree Conservation Analysis or Tree Conservation Plan (when required by this
Ordinance);
b. A tree survey clearly identifying whether each protected tree will be preserved after the
proposed improvements are made, will be altered, or may be preserved based upon site specific
conditions, including species and size;
c. Identification of Critical Environmental Features of the site:
i. All individually protected trees
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n. Existing streams, drainage creeks, ponds, and other water bodies (if any)
d. Detailed site plan of all proposed improvements with extent and location of proposed
improvements, including building pads, parking areas, driveways, streets, and utilities
(including storm water drainage facilities);
e. A tree protection plan identifYing the required tree protection measures including fencing and
slgnage;
f. Clear delineation of construction related parking, storage, staging, and access areas
g. Limits of clearing, grading, and trenching;
h. Approved grading and drainage plans;
i. Proposed landscaping, bufferyards, and/or replacement areas;
J. Any information required by Section 7.3 for a Tree Conservation Plan;
k. Any conditions placed on the approval of the Tree Conservation Plan;
1. The names, addresses and telephone numbers of those persons or entities who own the property
and those persons or entities seeking the permit; and
m. Such additional information as the Administrative Official may reasonably require given the
particular characteristics of the property.
6.3 FEES: The applicant shall submit, with an application for a tree permit, payment of a fee to the City of
Southlake in the amount specified by City Council in a fee schedule, with the following exceptions:
a. When altering any protected tree, the City is exempt from the tree permit fee, but must obtain a
permit and comply with all tree replacement and tree protection procedures. Protected trees
proposed to be altered must be shown on construction plans approved by the Administrative
Official.
b. When altering any protected tree, a public utility is exempt from the tree permit fee, but must
obtain a permit and comply with all tree replacement and tree protection procedures. Protected
trees proposed to be altered must be shown on construction plans approved by the
Administrative Official.
6.4 AUTHORITY FOR REVIEW:
a. The Administrative Official shall be responsible for reviewing all requests for tree permits
submitted in accordance with the requirements specified herein.
b. The Administrative Official shall have no obligation to review an application for a tree permit
until all required information has been submitted and the applicable fee, if any, has been paid.
If any required information or fee has been omitted, the Administrative Official shall notifY the
applicant of that fact.
6.5 STANDARDS FOR APPROVAL:
a. When a complete application is filed under section 6.1, the Administrative Official shall grant
a tree permit with regard to a particular protected tree if any of the following is true:
(i) The tree must be altered in order to install or maintain a utility line or utility service
line;
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(ii) The tree is located in a heavily wooded area and selective thinning is necessary to
increase the likelihood of survival of the remaining trees, and will be carried out in
accordance with standards promulgated by the American National Standards Institute
for use by the International Society of Arboriculture;
(iii) The tree is located on property zoned Agricultural "AG" that is being actively used
for agricultural purposes, and the granting of the permit will not result in more than
seven (7) protected trees being altered on the property in any calendar year;
(iv) The tree is diseased, damaged, or hazardous;
(v) The tree, if left unaltered, is reasonably likely to impair the structural integrity of
existing structures or improvements;
(vi) The tree is required to be altered by federal, state or local law, including an
applicable regulation adopted by a federal, state, or local government agency;
(vii) The tree must be altered to prevent significant risk of harm to the surrounding area
caused by vermin infestation; or
(viii) The tree must be altered to prevent a high risk of fire hazard as determined by the
Fire Marshal.
b. When a complete application is filed under section 6.2, the Administrative Official shall grant
a tree permit if all required tree protection and replacement procedures have been followed
and the application conforms to the Tree Conservation Plan approved by the City Council.
Where no Tree Conservation Plan is required, the tree permit shall be granted if all required
tree protection and replacement measures have been followed and the application complies
with the criteria established under Section 7.2.
6.6 DEFERRAL TO CITY COUNCIL: If the application for a tree permit seeks to alter a tree which is
part of a Tree Conservation Plan approved by the City Council, the Administrative Official may defer
the approval of the tree permit to the City Council after a recommendation from the Planning and
Zoning Commission for any reason. In addition, if a request for a Tree Permit does not meet any
standards for approval under 6.5.a, the Administrative Official may defer the approval of such a tree
permit to City Council after a recommendation from the Planning and Zoning Commission.
6.7 PERMIT EXPIRATION: A tree permit issued in connection with any other permit or plan shall be
valid for the period of that permit's or plan's validity. A tree permit not issued in connection with any
other permit or plan shall become void 180 days after the issue date on the tree permit.
6.8 POSTING TREE PROTECTION & SIGN: Prior to issuance of any building or tree permit, the "tree
protection sign", tree preservation instruction detail sheet and approved tree conservation plan shall be
posted at each entrance to the subject property, and at any other locations designated by the
Administrative Official.
7.0 TREE CONSERV A nON ANALYSES (TCA) AND TREE CONSERV A nON PLANS (TCP)
7.1 REQUIREMENT: A Tree Conservation Analysis (TCA) and subsequently, a Tree Conservation Plan
(TCP) shall be required for any application for development described in Table 1.0 subject to the
following:
a. The Administrative Official may waive any requirement established by Section 7.3 where the
application is a Plat Showing submitted for four (4) or fewer lots, if the scope of the
development makes the requirement either impractical or inapplicable to the development.
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b. The Administrative Official may approve an alternative to a tree survey for heavily wooded
areas, and may require a tree survey for smaller, specific areas of the property based upon the
environmental sensitivity of the property being developed.
c. All proposed improvements shall be required to be shown only at the site plan stage, if any, for
all development. Preliminary plats shall show building setbacks and general location of
buildings and infrastructure.
d. A Tree Conservation Plan may be used to satisfy the requirements of a Tree Conservation
Analysis.
e. A Tree Conservation Analysis is acceptable for all Preliminary Plats that require a City Council
approved Site Plan for development. A Tree Conservation Plan shall be required at Preliminary
Plat for all development that does not require City Council approval of a Site Plan.
Table 1.0 - Tree Conservation Analysis and Tree Conservation Plan
by Activity Type
Type of Development Requirement for Criteria for Review
Application Analvsis or Conservation Plan
Concept or Development Tree Conservation Analysis Section 7.2
Plan
Site Plan Tree Conservation Plan Based on the approved Tree Conservation
Analysis or, if none, on Section 7.2
Preliminary Plat Tree Conservation Analysis and, if Based on the approved Concept,
application is not sought in Development, or Site Plan, or, if none, on
conjunction with a concept, Tree Conservation Analysis, or, ifnone, on
development or site plan, a Tree Section 7.2
Conservation Plan is also required
Final Plat Tree Conservation Plan Based on conformity with the approved
Preliminary Plat
Plat ShowingIPlat Revision Tree Conservation Plan Section 7.2
Earth disturbance Tree Permit Application Based on the conformity with the approved
permit/Building permit site plan (non-residential) or preliminary plat
(residential) or, if none, on Section 7.2
7.2 STANDARDS FOR APPROVAL:
a. Except as provided by subsection 7.2.b., a Tree Conservation Analysis or Tree Conservation
Plan shall be approved if it will preserve existing tree cover in accordance with the percentage
requirements established by Table 2.0. If the property has previously received a tree permit
related to development, the percentage of existing tree cover at the time the first such permit
was issued shall be used to calculate the minimum existing tree cover that must be preserved
under this section.
Table 2.0 - Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on the entire Minimum percentage of the existing tree
site cover to be preserved*
0% - 20% 70%
20.1-40% 60%
40.1% - 60% 50%
60.1% - 80% 40%
80.1% - 100% 30%
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Southlake Tree Preservation Ordinance
*The minimum percentage of existing tree cover to be preserved shall exclude any area in public
rights-ai-way as approved by City Council.
b. For property sought to be zoned for the Downtown zoning district or a planned development
zoning district, including an S-P-l Site Plan, S-P-2 Site Plan, Transition, Rural Conservation,
Planned Unit Development, or Employment Center zoning district, the City Council shall
consider the application for a Conservation Analysis or Plan in conjunction with the
corresponding development application (as established in Table 1.0). The Planning and Zoning
Commission shall review the application and make a recommendation to the City Council
regarding the application. The City Council shall approve the Plan or Analysis if the Council
fmds that the Plan or Analysis provides for the:
1. placement of building pads, parking areas, driveways, streets, and utility easements so as
to maximize the preservation of environmental features of the property including mature
tree stands, natural creeks and ponds, and significant grades;
11. maximizes the preservation of tree cover preservation areas indicated on the
Environmental Resource Protection Map;
111. maximizes the preservation of existing tree stands with the potential to buffer residential
areas from the noise, glare, and visual effects of nonresidential uses;
iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made
drainage creek;
v. maximizes the preservation of existing protected trees along rural roadways and other
streets as identified and prioritized in the Street Typology designation; and
V1. mitigation of altered trees through proposed tree replacement procedures pursuant to this
Ordinance.
7.3 INFORMATION REQUIRED: A Tree Conservation Analysis and Tree Conservation Plan shall
include the following information:
a. Information required for Tree Conservation Analysis:
1. Identification of Critical Environmental Features of the site:
A. All grades over 5%
B. Existing streams, drainage creeks, ponds, and other water bodies (if any)
11. Alternative to a Tree Survey
iii. Critical Root Zones of groups of trees
IV. Boundaries of any tree preservation areas as identified in the ERP Map
v. Identification of areas of environmental constraints not suitable for development
vi. Identification of areas of minimal environmental constraints that are suitable for
development
vii. Areas of encroachment into Critical Environmental Features areas identified on the site
viii. Stream/Creek buffers, if any
IX. The names, addresses and telephone numbers of those persons or entities who own the
property and those persons or entities filing the application
x. Such additional information as the Administrative Official may reasonably require given
the particular characteristics of the property
b. Information required for Tree Conservation Plan:
i. Identification of Critical Environmental Features of the site:
A. All individually protected trees
B. Existing streams, drainage creeks, ponds, and other water bodies (if any)
ii. Tree Surveyor alternative to a tree survey
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Southlake Tree Preservation Ordinance
Ill. 2-foot contour map of the site
IV. Protected trees within the tree preservation area including tree size and type
v. Critical Root Zones of groups of trees
vi. Critical Root Zones for individual trees required for site plans only
vii. Boundaries of any tree preservation areas as identified in the ERP Map
VIll. Identification of areas of environmental constraints not suitable for development
IX. Identification of areas of minimal environmental constraints that are suitable for
development
x. Areas of encroachment into Critical Environmental Features identified on the site
Xl. Clear delineation, for each protected tree, of whether the tree will be preserved after the
proposed development is constructed, altered due to proposed improvements, or could
potentially be saved based upon site specific conditions
xii. Stream/Creek buffers, if any
Xlll. Detailed site plan of all proposed improvements. (All proposed improvements shall be
required to be shown only at the site plan stage for all development. Preliminary plats
shall, however, show building setbacks and general location of buildings and
infrastructure. )
XIV. Setbacks, building lines, and buffer yards
xv. The names, addresses and telephone numbers of those persons or entities who own the
property and those persons or entities filing the application
XVI. Such additional information as the Administrative Official may reasonably require given
the particular characteristics of the property.
7.4 ACTION ON TREE CONSERVATION ANALYSIS AND TREE CONSERVATION PLAN:
a. An application that requires the submittal of either a Tree Conservation Analysis or a Tree
Conservation Plan shall first be reviewed by the Development Review Committee in
conjunction with the accompanying development application.
b. The Administrative Official shall prepare a report that evaluates the extent to which the
proposed development is responsive to the Tree Preservation criteria outlined in Section 7.2 to
the Planning and Zoning Commission.
c. The Planning and Zoning Commission shall make a recommendation on the proposed Tree
Conservation Analysis or Tree Conservation Plan to the City Council. The City Council shall
approve the proposed Tree Conservation Analysis and Tree Conservation Plan if it finds that it
meets the criteria outlined in Section 7.2.
8.0 TREE REPLACEMENT AND TREE PROTECTION EXCEPTIONS AND APPLICABILITY
8.1 GENERALL Y: F or all trees that are authorized to be altered based on a duly approved Tree
Conservation Plan, tree protection and tree replacement procedures set forth in this Ordinance shall be
followed before a Tree Permit is granted, except as set forth below:
a. Tree Alteration for Public Utility Projects: All protected trees that the Administrative Official
determines must be altered in order to install utility lines within public rights-of-way (R.O.W.)
or within approved utility easements, including required drainage easements, shall be exempt
from the tree replacement and tree protection requirements. Any protected trees within public
R.O.W. or utility easements that the Administrative Official determines do not have to be
altered shall be subject to the tree protection requirements but not to the tree replacement
requirements.
b. Selective Thinning and Removal of Underbrush:
1. The Administrative Official may issue a tree permit authorizing the selective thinning of
certain protected trees from a heavily wooded area under Section 6.5.a.2 of this
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Southlake Tree Preservation Ordinance
Ordinance. If the Administrative Official issues a permit for selective thinning, the
protected trees covered by the permit shall be exempt from the tree replacement and tree
protection requirements.
11. The Administrative Official may issue a permit allowing the clearing and grubbing of
brush located within or under the drip lines of protected trees subject to reasonable
conditions to insure the maximum protection of the trees. The permit holder shall clear
or grub by hand or with push-type mowers within such drip lines, unless the use of
dozers, loaders, or other moving equipment to clear or grub is expressly permitted in
writing by the Administrative Official prior to performance ofthe work.
c. Limited Tree Alteration on "AG" Zoned Property: The Administrative Official shall, upon
request of the owner of property zoned Agricultural "AG" and being actively used for
agricultural purposes, issue a tree permit for the alteration of not more than seven (7) protected
trees per calendar year on such property. If the Administrative Official issues such a permit, the
protected trees covered by the permit shall be exempt from the tree replacement and tree
protection requirements. However, protected trees altered in excess of seven (7) per calendar
year are not exempted from the tree replacement and tree protection requirements. An owner
wishing to remove more than seven protected trees in any calendar year shall apply for and
obtain a tree permit or Multiple Tree Clearing permit and comply with this Ordinance.
d. Multiple Tree Clearing on "AG" Zoned Property:
1. An owner seeking a permit for Multiple Tree Clearing from property zoned Agricultural
"AG" shall submit a request in writing to the Administrative Official, along with a
survey, map or diagram showing the area to be cleared and the number, size and the
location of protected trees in such area, a written statement from the applicant describing
the purpose and reason for the Multiple Tree Clearing, such other information or
documents as may be requested by the Administrative Official, and the appropriate fee as
provided in the fee schedule.
11. The Administrative Official shall refer such application to the Planning and Zoning
Commission for recommendations. The Administrative Official may make an on-site
inspection of the property to be cleared. After the Administrative Official and the
Planning and Zoning Commission complete their recommendations, the application shall
be submitted to the City Council for determination.
lll. The City Council shall grant the application and issue a permit if the Council determines
that the Multiple Tree Clearing is for a legitimate, agricultural use, provided that if the
land ceases to be used for agricultural purposes at any time within five (5) years after the
permit is obtained to remove the trees, the owner of the land must comply with the tree
replacement requirements. If the City Council authorizes the issuance of such a permit,
the protected trees covered by the permit shall be exempt from the tree replacement and
tree protection requirements. The requirement to replace trees shall be binding upon the
person subject to such permit even if such person sells, assigns, or transfers the property.
If the City grants the application for Multiple Tree Clearing, the permit shall be executed
by the applicant and shall provide that in the event of a sale, assignment or transfer of the
subject property, the owner may either obtain the consent of the person to whom the
property was sold, assigned or transferred to permit the replacement on such property, or
may make payment to the Reforestation Fund as provided in this Ordinance.
e. Alteration of Diseased, Damaged, or Hazardous Trees: If a tree permit is issued for alteration
of a diseased, damaged or hazardous protected tree, the owner shall be exempt from the tree
replacement and tree protection requirements for those trees covered by the permit. If such a
diseased, infected or hazardous tree is not altered by the owner, the City may alter such a tree to
reduce the chance of spreading the disease or infection to nearby healthy trees or to protect the
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Southlake Tree Preservation Ordinance
healthy, safety, and welfare of the general public.
8.2 APPLICABILITY:
a. All protected trees that must be altered to construct the required and permitted improvements
based on the City Council approved Tree Conservation Plan are exempted from the tree
replacement and protection requirements of this section. Such improvements may include
building pads, required parking areas, driveways, fIre lanes, streets, and required utility and
drainage infrastructure that are required by City ordinances and have been approved by the
appropriate boards or offIcers of the City.
b. Any protected trees within a building footprint that the approved Tree Conservation Plan
determines do not have to be altered shall be subject to the tree protection requirements
contained in Section 9.8 of this Ordinance.
c. All other areas of the proposed development, including areas in utility easements and areas
designated for cut/fIll for any purpose other than required drainage and infrastructure
improvements, shall be subject to both the tree protection and tree replacement requirements of
this Ordinance.
d. For residential development, the building pad may be constructed at the same time as the
installation of the infrastructure if it provides a greater benefIt to the environment and the
grading plans have been approved for both the installation of the infrastructure and the building
pad. If the building pad or footprint of the building is modifIed from the original plan, the
owner shall be required to mitigate any trees previously removed if the Administrative OffIcial
determines that the removal of the trees would not have been required but for the modifIcation.
e. Prior to the issuance of an earth disturbance permit for a single lot residential development, the
Administrative OffIcial shall ensure that:
1. The proposed building and site plans meet the conditions of the City Council approved
Tree Conservation Plan; and
n. Given the limitations of required setbacks, proposed building footprints, and
improvements, the applicant has limited the impact on all protected trees on the site to the
greatest extent possible.
8.3 TEMPORARY ACCESS AND CONSTRUCTION EASEMENTS:
a. A person commits an offense if the person owns real property and permits access across the
person's property or grants a temporary access or construction easement across the owner's
property if such right of access or easement intersects or comes within ten (10) feet of the
critical root zone of a protected tree.
b. It is a defense to prosecution for this offense that the Administrative OffIcial determines that an
easement is the only reasonable means of access to the property being developed. If so, the
Administrative OffIcial shall ensure that such an easement is of minimal size and situated within
a location designed to minimize tree damage and impact on the natural environment while still
providing a reasonable avenue of ingress and egress for construction purposes to the adjoining
property.
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South lake Tree Preservation Ordinance
9.0 TREE REPLACEMENT AND TREE PROTECTION STANDARDS
9.1 GENERALLY: Ifrequired by Section 8.1,8.2, or 8.3, the following procedures shall apply to any
person who alters a protected tree for which a permit is required. If a person alters a protected tree for
which a permit is required, the person shall replace the protected tree with an equivalent tree as
designated in the Landscape Ordinance and approved by the Administrative Official. This tree
replacement requirement is not meant to supplant good site planning. Tree replacement will be
considered only after all design alternatives which could save more existing trees have been evaluated
and reasonably rejected.
9.2. SIZE AND NUMBER: A sufficient number of trees shall be planted to equal or exceed, measured in
DBH, the diameter of each tree altered. Each replacement tree shall be a minimum of three inch (3 ")
caliper at 6 inches above ground level, and seven feet in height when planted.
9.3. LOCATION: Each replacement tree should be planted on the same lot or tract as the tree which was
altered. However, if the replacement tree cannot be planted on the same lot or tract in accordance with
universally accepted arboricultural standards, the Administrative Official may require any or a
combination of the following:
a. replacement on other private property within the City of Southlake, with the approval of the
owners of both the property on which the protected tree was altered and the property on which
the replacement tree is to be planted. In such an instance, the owner of the property on which
the replacement tree is to be planted shall agree, in writing, to maintain the replacement tree to
the standards established in this Ordinance;
b. replacement on public property, or
c. payment to the Reforestation Fund as provided by Section 9.7, below.
9.4 RESPONSIBILITY FOR REPLACING PROTECTED TREE: The Administrative Official will
determine the time of replacement, and the location of the replacement trees and approve the agent
responsible for replacing a wrongfully altered protected tree. The requirement to replace trees shall be
binding upon the person subject to such order even if such person sells, assigns, or transfers the
property. In the event of such a sale, assignment or transfer of property, the person subject to such
order may either obtain the consent of the person to whom the property was sold, assigned or
transferred to permit the replacement on such property, or may make payment to the Reforestation
Fund as provided in this Ordinance.
9.5 TIME OF REPLACEMENT: Any replacement trees required to be planted must be planted not later
than ninety (90) days after the order of the Administrative Official, or within (30) thirty days of the
date any appeal from such order becomes [mal, provided, however, that the Administrative Official
may require the deferral of the planting of replacement trees up to an additional one hundred eighty
(180) days based on weather and other arboreal considerations, and further provided that the
Administrative Official may, upon request of the person subject to the requirement approve delaying
the planting of replacement trees up to an additional one hundred eighty (180) days if the person
subject to the order provides the City with a surety bond in an amount equal to the cost of purchasing
and planting such trees or pay this amount into the Reforestation Fund within the earlier of the
following: (1) within one hundred eighty (180) days of the last date approved for such delayed
planting, (2) the date of issuance of the first certificate of occupancy on any portion of the subject
property, or (3) other date as agreed by the City Council in an approved Tree Conservation Plan. The
surety bond must be issued by a company licensed to do business in the State of Texas and shall be
authorized by and approved by the City Attorney.
9.6 LONGEVITY AND DURATION: If a replacement tree dies within three years from the date it was
planted, the person subject to the requirement to plant the replacement tree must replace the dead tree
with another replacement tree within ninety (90) days of the order of the Administrative Official
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Southlake Tree Preservation Ordinance
ordering such replanting. This requirement to replace trees shall be binding upon the person subject to
such order even if such person sells, assigns, or transfers the property. In the event of such a sale,
assignment or transfer of property, the person subject to such order may either obtain the consent of the
person to whom the property was sold, assigned or transferred to permit the replacement on such
property, or may make payment to the Reforestation Fund as provided in this Ordinance.
9.7 REFORESTATION FUND: A person required to comply with Section 9.1 and 9.4 may request to
make a payment to the Reforestation Fund or other specifically dedicated fund approved by the City
Council for such payments in accordance with the following requirements:
a. The amount of the payment required in lieu of each replacement tree shall be the average cost of
a quality tree of similar size and type to the replacement tree which would otherwise have been
required by this Ordinance, plus the cost of planting such a tree, as determined by the City
Council and provided in a fee schedule published by the City.
b. The funds shall be used only for purchasing and planting trees on private property approved by
the Administrative Official and the City Manager, on public property, for acquiring wooded
property, including Conservation Easements or Environmental Preserves which shall remain in
a naturalistic state in perpetuity, or for establishing a landscape or wildlife preserve or similar
nature area as approved by City Council.
c. The Reforestation Fund Administrator shall submit quarterly reports to the City Council of the
deposits and disbursements from the Reforestation Fund.
9.8 TREE PROTECTION PROCEDURES:
a. Unless otherwise exempted by this Ordinance, the following procedures shall apply to protect
any protected tree for which a permit is required.
b. All persons submitting construction plans shall Insure that such plans comply with the
requirements of this Ordinance.
c. The following activities are prohibited within the limits of the critical root zone of any protected
tree subject to the provisions of this Ordinance.
i. Material Storage: No storage or placement of materials intended for use in construction or
waste materials accumulated due to excavation or demolition shall be placed within the
limits of the critical root zone of any protected tree.
11. Equipment CleaninglLiquid Disposal: No equipment shall be cleaned or other liquids,
including, without limitation, paint, oil, solvents, asphalt, concrete, mortar or similar
materials deposited or allowed to flow into the critical root zone of a protected tree.
iii. Tree Attachments: No signs, wires or other attachments, other than those of a protective
nature, shall be attached to any protected tree.
IV. Vehicular Traffic: No vehicular and/or construction equipment traffic or parking shall take
place within the critical root zone of any protected tree other than on existing street
pavement. This restriction does not apply to single incident access within the critical root
zone for purposes of establishing the building pad and associated lot grading, vehicular
traffic necessary for routine utility maintenance, emergency restoration of utility service, or
routine mowing operations.
v. Grade Changes: No grade changes shall be allowed within the limits of the critical root
zone of any protected tree unless adequate protective construction methods are approved in
advance in writing by the Administrative Official.
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Southlake Tree Preservation Ordinance
VI. Impervious Paving: No paving with asphalt, concrete or other impervious materials shall
be placed within the limits of the critical root zone of a protected tree except as otherwise
allowed in this Ordinance.
d. No heavy equipment, including but not limited to trucks, tractors, trailers, bulldozers, bobcat
tractors, trenchers, compressors, and hoists, shall be allowed inside the drip-line of any
protected tree on any construction site without prior written approval of the Administrative
Official.
e. The following procedures shall be followed on all types of construction projects (including
residential, commercial, and municipal/public domain projects).
1. Protective Fencing: Prior to the issuance of any building or earth disturbance permit, or
commencing construction, the owner, contractor or subcontractor shall construct and
maintain, for each protected tree on a construction site, a protective fencing which
encircles the outer limits of the critical root zone of the tree to protect it from construction
activity or in cases of heavily wooded sites, as approved by the Administrative Official.
ll. All protective fencing shall be in place prior to commencement of any site work and
remain in place until all exterior construction activity at the site has been completed.
lll. Protective fencing shall be at least four (4) feet high, clearly visible, and shall have a tree
protection sign affixed to the fence every twenty (20) feet in such a manner to be clearly
visible to workers on the site.
iv. The use of orange vinyl construction fencing or other similar fencing is generally
permitted only if there is no construction or vehicular activity within ten (10) feet of the
fence. If construction activity or vehicular traffic is expected within ten (10) feet of the
fence, the fence shall be constructed of chain link or other similar metal, wooden material
or semi-rigid vinyl tape fencing supported with a top support wire or equivalent support
material affixed to metal or wooden posts, all of which shall be six (6) feet in height.
v. All protective fencing shall be supported at a maximum of ten (10) foot intervals by
approved methods sufficient enough to keep the fence upright and in place for the
duration of the construction.
vi. The owner shall cause the required fencing to be installed and maintained for the duration
of the construction.
Vll. For permits involving trenching such as sewer services, lITIgation systems or
underground electrical work, the applicant shall provide sufficient plans to provide
protection of the trees in the vicinity of the work.
Vlll. The "tree protection sign" tree preservation instruction detail sheet and approved tree
conservation plan shall be posted at each entrance to the subject property upon which one
or more trees subject to the permit is situated, and at any other location designated by the
Administrative Official.
lX. All of the above conditions must be adhered to and inspected by a city inspector prior to
the issuance of any permits.
f. In situations where a protected tree remains in the immediate area of intended construction and
the Administrative Official determines the tree bark to be in danger of damage by construction
equipment or other activity, the contractor or subcontractor shall protect the tree by enclosing
the entire circumference of the tree trunk with two (2) inches x four (4) inches lumber encircled
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Southlake Tree Preservation Ordinance
with wire or other means that do not damage the tree. The intent is to protect the bark of the
tree against incidental contact by large construction equipment. The contractors shall comply
with the requirements of this Ordinance regarding bark protection.
g. Construction Methods:
i. Boring: Boring of utilities under the critical root zone of a protected tree shall be
required in those circumstances where it is not possible to trench around the critical root
zone of the protected tree. When required, the bore shall be a minimum depth of forty-
eight (48) inches.
11. Grade Change: If the Administrative Official approves the grade change within the
critical root zone of a protected tree, the procedures noted in the City's standard detail
sheet shall be followed.
lll. Trenching: No trenching shall cross the critical root zone of any protected tree, unless
approved in writing by the Administrative Official or exempted from the application of
this Ordinance. Trenching within the critical root zone shall require the issuance of a tree
permit. The placement of underground utility lines is encouraged to be located outside of
the critical root zone of protected trees. Irrigation system lines shall be placed outside of
the critical root zone, except the minimum number of single head supply lines required to
irrigate within the critical root zone which is allowed within the critical root zone. Any
such irrigation line shall be installed along a horizontal line that bisects the tree trunk, in
the manner that has the least possible encroachment into the critical root zone, and that
extends no further into the critical root zone as is necessary to provide proper irrigation.
IV. Root Pruning: All roots two inches or larger in diameter which are exposed as a result of
trenching or other excavation shall be cut off square with a sharp medium tooth saw and
covered with pruning compound within two hours of initial exposure.
10.0 PUBLIC TREES
10.1 The City shall be responsible for the administration of all trees and associated vegetation located on all
municipal/public domain property, including public street right-of-ways, City owned parks and city
owned properties.
10.2 It shall be the responsibility of the Administrative Official to develop, and administer a written plan for
care, preservation, pruning, planting, removal or disposition of trees and associated vegetation on all
municipal/public domain property.
11.0 TREE PRUNING STANDARDS
11.1 PRUNING TECHNIQUE: All pruning shall be conducted in accordance with the most recent
Arboricultural Specifications and Standards of Practice of The International Society of Arboriculture
as published from time to time by the American National Standard for Tree Care Operations (ANSI
A300).
11.2 REQUIRED PRUNING: The owner of land abutting on any public street right-of-way shall be
required to provide reasonable and routine care of trees and vegetation in or adjacent to the right-of-
way, and shall promptly take action to remove all dead, diseased or hazardous trees, or broken or
decayed limbs which may constitute a threat or danger to the safety of the public. Such owners shall
maintain a minimum clearance of fourteen feet (14') above the traveled pavement or curb of a public
street or as approved by the Fire Marshal and a clearance of eight feet (8') above the surface of a
sidewalk.
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Southlake Tree Preservation Ordinance
11.3 GROUND LEVEL CUTS: Where protected tree removal is allowed by this Ordinance, but the root
system of the tree to be removed is intertwined with the root system of any protected tree whose
removal is prohibited by this Ordinance, the tree shall be removed by flush cutting with the natural
level of the surrounding ground. Where stump removal is also desired, stump grinding shall be
allowed or, upon written approval by the Administrative Official, a trench may be cut between the two
trees sufficient to cut the roots near the tree to be removed, thereby allowing removal of the remaining
stump with minimal damage to the root system of the tree to be saved.
11.4 TREE TOPPING: It shall be unlawful for any person to top any tree without fIrst obtaining a Tree
Permit, unless an exception listed in Section 5.3 of this Ordinance applies. If it is determined that
topping the tree is necessary because the tree has been severely damaged by storms or other causes, or
in a circumstance making other pruning practices impractical as listed in Section 6.5 of this Ordinance,
a permit allowing the topping of a tree may be issued. However, tree replacement regulations may
apply.
12.0 TREE PLANTING AND REMOVAL STANDARDS
12.1 ACCEPTABLE TREES: The list of trees acceptable for planting on public property or on private
property to meet tree replacement requirements is set forth in Appendix B (attached to and fully
incorporated into this Ordinance). Trees other than those listed as acceptable may only be planted as
replacement trees only upon written approval of the Administrative Official.
12.2 STREET TREE SPACING: Any person planting a street tree shall comply with the requirements
contained in this Ordinance, and the spacing of street trees from the nearest intersecting curb shall be
based upon the street typology designation.
12.3 STUMP REMOVALS: All stumps of street and park trees shall be removed below the surface ofthe
ground so that the top of the stump shall not project above the surface of the ground, except that the
City may maintain wilderness or naturalistic areas in which naturally occurring stumps may be
permitted to extend above ground level.
12.4 OFFENSE: A person commits an offense if the person:
a. plants any required replacement tree within an area such that the mature canopy of the tree will
interfere with existing or proposed overhead utility lines;
b. plants any required replacement tree or street tree within an area such that the mature critical root
zone of the tree will interfere with existing or proposed underground public utility lines
(including water lines, sewer lines, transmission lines or other utilities), or such that the
installation and/or maintenance of such utility lines will, in reasonable probability, require
activity in the mature critical root zone of such tree;
c. plants a tree within an area such that the tree, when mature, can reasonably be expected to block
or interfere with a designated sight triangle area (either vertically or horizontally), unless
approved in writing in advance by the Administrative Official;
d. plants a tree within ten feet (10') of an existing or proposed fIre hydrant unless approved in
writing by the Fire Department; or.
e. prunes, treats, removes, damages, or destroys any park tree unless the person has been authorized
by the City to do so. The City shall grant such authorization where the tree must be affected in
order to install or maintain a utility line or utility service line.
13.0 PENAL TY FOR VIOLATION
13.1 CRIMINAL PENALTIES:
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South lake Tree Preservation Ordinance
a. Any person who: (1) violates Article 5 of this Ordinance by altering a protected tree without
fIrst obtaining a tree permit from the City, or by altering trees in violation of the permit, or (2)
violates Articles 8 or 9 of this Ordinance by failing to follow the tree replacement procedures
shall be guilty of a misdemeanor and upon conviction shall be fmed Two Hundred Dollars
($200.00) per diameter inch of the tree(s) altered, not to exceed Two Thousand Dollars
($2,000.00) per violation. The unlawful alteration of each protected tree shall be considered a
separate incident and each incident subjects the violator to the maximum penalty set forth
herein for each tree. A person is criminally responsible for a violation of this Ordinance if the
person alters, or permits or causes to be altered, a protected tree without complying with the
requirements of this Ordinance.
b. A person who violates any provision of Article 10 or 11 of this Ordinance shall be guilty of a
misdemeanor and upon conviction shall be fmed an amount not to exceed Two Thousand
Dollars ($2,000.00).
13.2 CIVIL PENALTIES: Any person who: (1) violates Section 5.2 of this Ordinance by altering a
protected tree without fIrst obtaining a tree permit from the City, or by altering a tree in violation of the
permit, and (2) violates Article 9 of this Ordinance by failing to follow the tree replacement
procedures, shall be assessed a civil penalty equal to Two Hundred Dollars ($200.00) per diameter
inch of the tree(s) altered, not to exceed Two Thousand Dollars ($2,000.00) per incident. The
alteration of each protected tree shall be considered a separate incident and each incident subjects the
violator to the maximum civil penalty set forth herein for each tree. The civil penalties assessed shall
not exceed two times the amount of the payment the person would be required to make into the
Restoration Fund or other specifIcally dedicated fund as provided in Section 9.7.
13.3 PROCEDURES FOR ASSESSING CIVIL PENAL TIES:
a. The Administrative OffIcial shall calculate the amount of the civil penalties as provided for in
this Article. Before assessing any civil penalties as provided in this section, the Administrative
OffIcial shall send written notice to the person who violated this Ordinance by personal delivery
or certifIed mail, return receipt requested. The notice shall contain:
1. a statement of the violations of this Ordinance for which a civil penalty is being sought;
11. if possible, a statement of the amount of the civil penalties to be assessed;
111. a statement that the person may request an administrative hearing before the City Manager
to challenge the assessment of the civil penalty;
IV. a statement that if an administrative hearing is not timely requested as provided in this
section, or the trees replaced or payment made pursuant to Article 9, civil penalties will be
assessed.
b. A person may request an administrative hearing before the City Manager by fIling a request for
a hearing with the City Manager within 15 days after the notice provided for in subsection (a) is
delivered. Within ten (10) days of the receipt of the request, the City Manager shall set a time
and place for a hearing on the appeal which shall be not later than thirty (30) days from the date
of receipt of the request.
c. Not less than 10 days prior to the date on which the administrative hearing is set, the property
owner shall be sent a notice of the hearing by personal delivery or certifIed mail/return receipt
requested. The notice shall contain the date, time and place of the hearing and the information
specifIed in subsections (a)(i) and (ii).
Ordinance 585-D
22
Southlake Tree Preservation Ordinance
d. After giving the property owner an opportunity to be heard, the City Manager shall weigh all
evidence presented and determine whether to assess civil penalties. If civil penalties are
assessed, the City Manager shall sign a written order setting forth the amount of the civil
penalty. In determining the amount of the civil penalty, the City Manager shall take into
consideration the cost of replacement of protected trees.
e. A civil penalty under this section is fmal and binding and constitutes prima facie evidence of
the penalty in any suit. The City Secretary shall file with the district clerk of the county in
which the property is located, a certified copy of the order assessing the civil penalty stating the
amount of the penalty.
f. The City Attorney is authorized to file suit to enforce collection of a civil penalty assessed under
this Article.
14.0 ENFORCEMENT
14.1 DEVELOPER'S AGREEMENT: The City shall not approve a developer's agreement unless the
developer's agreement provides that all construction activities shall meet the requirements of this
Ordinance, including any conditions placed by City Council at the time of approval of the Tree
Conservation Analysis or Tree Conservation Plan.
14.2 BUILDING PERMIT: No building permit shall be issued unless the applicant signs an application or
permit request which states that all construction activities shall meet the requirements of this
Ordinance. The Building Official shall make available to the applicant upon request:
a. a copy of the Tree Preservation Ordinance or a condensed summary of the relevant aspects
pertaining to the type of permit requested; and
b. tree protection sign(s) in such quantity as required by this Ordinance.
14.3 ACCEPTANCE OF IMPROVEMENTS AND ISSUANCE OF PERMITS: The City may refuse to
accept any public improvements or issue any permits or certificates relating to the subject property
until the applicant meets all requirements and pays all civil penalties and other monetary obligations
assessed for violations of this Ordinance, provided, however, that acceptance of public improvements
and issuance of permits may be authorized if, with the Administrative Official's approval, the person
furnishes the City with a cash deposit or surety bond in a sufficient amount to satisfy all civil penalties
and monetary obligations assessed and, if any obligation to plant replacement trees applies, to pay to
the City the approximate amount of the cost to replace the trees, as provided in the current schedule
established by the City. Neither the acceptance of public improvements nor the issuance of any
permits or certificates shall constitute a waiver of any violation, a compromise or satisfaction of any
fines, penalties, or other obligations, or otherwise prevent the City from enforcing the terms of this
Ordinance.
14.4 CERTIFICATE OF OCCUPANCY: No Certificate of Occupancy ("e.O.") shall be issued until
applicant meets all requirements and pays all civil penalties and other monetary obligations assessed
for violations of this Ordinance, provided, and until all replacement trees required to be planted due to
violations of this Ordinance by the applicant have been planted or appropriate payments have been
made to the Reforestation Fund; provided, however, that a Certificate of Occupancy may be granted
before all trees have been replaced if, with the Administrative Official's approval, the person furnishes
the City with a cash deposit or surety bond in a sufficient amount to satisfy all civil penalties and
monetary obligations assessed and, if any obligation to plant replacement trees applies, to pay to the
City the approximate amount of the cost to replace the trees, as provided in the current schedule
established by the City.
14.5 ILLUSTRATIVE NATURE OF TREE TECHNICAL MANUAL: The illustrative portions of the Tree
Technical Manual are for informational purposes only, and to the extent of any conflict between the
Ordinance 585-D
23
Southlake Tree Preservation Ordinance
terms of this Ordinance and other material in the manual, the terms of this Ordinance shall control, and
reliance upon any illustrative material shall not be a defense in any action, whether civil or criminal, to
enforce this Ordinance.
15.0 APPEALS AND VARIANCES
15.1 APPEALS:
a. A person affected by an interpretation or decision of the Administrative Official under this
Ordinance may appeal to the Tree Board. Such appeal must be received in writing within ten
(10) days after the interpretation or decision has been rendered in writing and delivered to the
property owner, or within ten (10) days of the postmark date if the decision was sent in U.S.
Mail to the property owner. The person shall file the appeal with the Administrative Official
and must describe the both the decision being appealed and the specific grounds on which the
appeal is based, including references to relevant provisions in the ordinance on which such
appeal is based.
b. The Administrative Official shall then schedule a hearing of the appeal at the next available
Tree Board meeting and transmit all the documents pertaining to the appeal to the Tree Board
at a reasonable time prior to the meeting. The Tree Board shall hear the appeal to determine
whether the decision of the Administrative Official was in accordance with all the provisions of
this Ordinance. The decision of the Tree Board shall be fmal. No decision of the City Council
can be appealed to the Tree Board.
c. If the Tree Board affirms the decision of the Administrative Official, the applicant shall amend
the approved concept, development, or site plan or plat to conform to the requirements of this
Ordinance within thirty days of the Board's decision. If the Tree Board overturns the decision
of the Administrative Official, the development application or plat shall conform to the Board's
decision.
15.2 VARIANCES:
a. The City Council may authorize a variance to any provision of this Ordinance following a
recommendation from the Planning and Zoning Commission. A request for a variance to any
provision in this Ordinance shall be accompanied by a Tree Conservation Analysis or Tree
Conservation Plan as outlined in Article 6, or other documentation requested by the
Administrative Official, and the following factors shall be considered in evaluating the variance
request:
1. Whether a literal enforcement of the Ordinance will create an undue hardship or an
unreasonable practical difficulty on the applicant;
ii. Whether the situation causing the unnecessary hardship or practical difficulty is unique
to the affected property and is not self-imposed;
Ill. Whether a reasonable accommodation or alternative solution can be made to accomplish
the desired activity without the alteration of the tree;
IV. Whether the variance will injure or be wholly compatible with the use and future or
existing development of adjacent properties;
v. Whether the increased development costs caused by preserving the tree create an undue
hardship on the development of the site;
vi. Whether there is any identified adverse effect of the alteration or preservation on
erosion, soil moisture retention, flow of surface water, and drainage systems;
Ordinance 585-D
24
Southlake Tree Preservation Ordinance
vii. Whether there is any substantial impact to the buffering of residential areas from the
noise, glare, and visual effects of non-residential uses;
viii. The costs versus the benefits of relocating required utility service infrastructure and
easements based on preservation or alteration of protected trees;
ix. Whether the proposed tree replacement procedures adequately mitigate the alteration of
the tree;
x. Whether the alteration adversely affects the public health, safety or welfare; and
xi. Whether the granting of the variance will be in harmony with the spirit and purpose of
this Ordinance to the greatest degree reasonably possible.
b. A person requesting a variance from the provisions of this Ordinance shall do so in writing to
the Administrative Official. All variance requests shall be accompanied by a completed
application and non-refundable filing fee in the amount specified in the current fee schedule
adopted by City Council. In absence of such a fee schedule, the filing fee shall be $250.
c. The Administrative Official shall then schedule a hearing of the variance at the next available
Planning and Zoning Commission meeting and transmit all the documents pertaining to the
appeal to the Planning and Zoning Commission at a reasonable time prior to the meeting. The
Planning and Zoning Commission shall hear the variance to determine whether it should be
granted or denied, and make a recommendation to the City Council. After the Planning and
Zoning Commission makes its recommendation, the decision was in accordance with all the
provisions of this Ordinance. The Administrative Official shall then request that the City
Manager schedule a hearing of the variance at the next available City Council meeting and
transmit all the documents pertaining to the appeal to the City Council at a reasonable time
prior to the meeting. The City Council shall hear the variance to determine whether it should
be granted or denied, and the decision of the City Council shall be final
16.0 SEVERABILITY
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs
and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this
Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council
without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
17.0 CONFLICTING ORDINANCES
This Ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City; and this
Ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions
thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such
conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed except as follows.
Specifically, Section 3.4 of Ordinance No. 585-A, which provides that all developments which have not
submitted fmal construction plans as of December 17, 1997 shall be subject to the requirements for tree
protection and replacement specified in said Ordinance, is saved from repeal, so that it will continue to apply
to projects in construction. Further, the first sentence in Section 3.5 c. of Ordinance No. 585-A, which
provides that all builders who have not submitted a request for a building permit as of December 17, 1997 are
subj ect to the requirements of the Ordinance, is hereby saved from repeal. Said sections shall continue in full
force and effect for such purpose. Further, the provisions of Ordinance No. 585-B shall continue to be
Ordinance 585-D
25
Southlake Tree Preservation Ordinance
effective and applicable to those developments as described in and set forth in Section 20. Such provisions
shall continue in full force and effect for such purpose.
18.0 SAVINGS CLAUSE
All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the
provisions of any ordinances affecting the regulations for the preservation of trees that have accrued at the
time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both
civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this
Ordinance but may be prosecuted until fmal disposition by the courts.
19.0 PUBLICATION CLAUSE
The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption
and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10)
days before the second reading of this Ordinance, and if this Ordinance provides for the imposition of any
penalty, fme or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally
publish this Ordinance in the official City newspaper one time within ten (10) days after passage of this
Ordinance, as required by section 3.13 of the Charter of the City of Southlake.
20.0 EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its passage and publication as required by law,
and it is so ordained. A person who has applied for approval of a preliminary plat, development plan,
concept plan or site plan before the effective date of this Ordinance shall be required to comply with the
provisions of Ordinance No. 585-B and shall not be required to comply with the requirements imposed by
this Ordinance unless one of the following occurs:
20.1 An application for preliminary plat approval for the project being developed was filed before September
1,2005 and expires without a final plat being approved on or before the second anniversary of the date
of approval of the preliminary plat; or if a final plat is approved on a portion of the property, the
remaining property included within the plat expires without a fmal plat being approved on or before
the first anniversary of the date of approval of a portion of the preliminary plat;
20.2 The project being developed was initiated by a preliminary plat application filed on or after September
1,2005, but no progress has been made on the project before the second anniversary of the date of the
application. For purposes of this section, "progress" shall have the meaning described in Tex. Local
Gov't Code Sec. 245.005 (Vernon 2005); or
20.3 The project is abandoned or significantly altered such that it is a new project. For purposes of this
Ordinance, a project shall be deemed to be abandoned or altered in the event the applicant files an
application for approval of another permit for the property for which a project is pending and the
permit sought is for different uses or for a different configuration of the property.
20.4 Should the conditions in any subsection set forth above be met, or should the applicant request, the
provisions of this Ordinance shall be controlling and shall apply to the applicant's project.
Ordinance 585-D
26
Southlake Tree Preservation Ordinance
PASSED AND APPROVED on the 1st reading the 6th day of November, 2007.
-A~)
MAYOR
ATTEST:
bkl &rrb)
Acfrnf( TY SECRETARY
PASSED AND APPROVED on the 2nd reading the 20th day of November, 2007.
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MAYOR
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ATTEST:
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Adi~ CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
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Ordinance 585-D
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27
Southlake Tree Preservation Ordinance
ApPENDIX A
Requirements for Alternative to Tree Surveys and Tree Surveys
Requirement Alternative to a Tree Survey
Tree Survev
I. Appropriate title Yes Yes
2. Title Block with project name, address, lot and block number, subdivision, Yes Yes
city, and date of preparation
3. North arrow, graphic, and written scale (no larger than I" = 200') Yes Yes
4. Prepared by licensed surveyor, landscape architect, or other person as No Yes
approved bv the Landscape Administrator
5. Name, address, contact information of the owner and the person preparing Yes Yes
the document
6. Location of all R-O- W lines, property lines, and easements (easement Yes Yes
locations required for tree surveys only)
7. Identification of areas with environmental constraints including tree stands, Yes Yes
creeks, steep grades (over 5%), view sheds, ponds, wetlands, etc.
8. Aerial photography of the site showing existing tree canopy on the site Yes No
cleariJ;
9. All individual trees shown on a plan tied by horizontal control (i.e. No Yes
dimensions from lot lines, or placed through coordinates determined via a
site survey
10. Tree preservation areas as identified by a Tree Conservation Analysis or Yes Yes
Tree Conservation Plan
II. All individual protected trees shown with the caliper size and species No Yes
12. All protected tree stands with average caliper sizes of trees and species Yes No
distribution
13. Location of all improvements proposed on the lot (buildings, parking lots, Yes* Yes
pools, etc.)
14. Areas of cut and fill, if any, on the site No Yes
15. Final grading and drainage plans No Yes
16. Status of all individual trees on the lot after proposed improvements have No Yes
been made (trees that protected, removed, or can possibly be saved based
upon site specific conditions)
17. General status of tree stands on the lot after proposed improvements have Yes No
been made (trees that protected, removed, or can possibly be saved based
upon site specific conditions)
18. Identification of existing vegetative buffers adjoining existing development Yes Yes
19. Stream/creek buffers, if any Yes Yes
20. 2- foot contours Yes No
2I. I-foot contours (for non-residential development only) No Yes
* Required/or site plans only.
Ordinance 585-D
28
Southlake Tree Preservation Ordinance
Common Name
Pecan
Cedar Elm
Shumard Red Oak
Texas Red Oak
Live Oak
Bur Oak
Post Oak
Black Jack Oak
Lacebark Elm
Chinese Pistache
Sweetgum
Austrian Pine
Chinquapin Oak
Southern Magnolia
Bald Cypress
Caddo Maple
Texas Hickory
Western Soapberry
Red Cedar
American Elm
Ordinance 585-D
ApPENDIX B
RECOMMENDED TREE PLANTING LIST
Botanical Name
Carya illinoensis
Ulmus crassifolia
Quercus shumardii
Quercus texana
Quercus virginiana
Quercus macro carp a
Quercus stellata
Quercus marilandica
Ulmus parvifolia
Pistacia chinensis
Liquidambar styraciflua
Pinus nigra
Quercus muhlenbergii
Magnolia grandiflora
Taxodium distichum
Acer barbatum 'Caddo'
Carya texana
Sap indus drummondii
Juniperus virginiana
Ulmus amiricana
29
Southlake Tree Preservation Ordinance
INVOICE 4'
,Star:i elegram Customer ID: CIT57
400 W.7TH STREETRE[� =rED Invoice Number: 291471031
FORT WORTH,TX 76102 `�' -
(817)390 7761 Invoice Date: 11/24/07
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 11/30/07
Bill To: PO Number: no po
CITY OF SOUTHLAKE OFFICE OF CITY SE:CREIARY Order Number: 29147103
1400 MAIN ST
STE 440 Sales Rep: 005
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn: ACCOUNTS PAYABLE Publication Date: 11/24/07
Description Location Col Depth Linage MU Rate Amount I
CITY OF SOUTHLAKE ORDINANCE NO 13580 1 314 314 LINE $0.81 $254.34
Sales Discount ($5.00)
Misc Fee $5.00
-: -r�=+—w /E y •
) Net Amount: $254.34
Lit t, - 62007
CHRISTY L Hg1AND
1\
s t MY COMMISSION EXPIRES
114 July 31,2008 1
{�
THE STATE OF TEXAS
County of Tarrant
Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor,Bid and Legal Coordinator for the Star-
Telegram,published by the Star-Telegram,Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the
attached clipping of an advertisement was published in the ilk-rove named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM
(817)390-7501
b •
Signed li,,,, •+,
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesday,No em, r 2007. /� /
Notary Public �4-,4
Thank You For Your Payment
Remit To: Star-Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 291471031
Invoice Amount: $254.34
PO Number: no po
Amount Enclosed: $
J immonimmem
Legal Notices
CITY cial shall send writ-
OF SOUTHLAKE ten notice to the
ORDINANCE person who violated
NO. 585-D this Ordinance by
AN ORDINANCE OF personal delivery or
THE CITY OF certified mail,return
SOUTHLAKE receipt requested.
AMENDING ORDI- The notice shall
NANCE 585, AS contain:
AMENDED, WHICH i. a statement of the
ESTABLISHES THE violations of this
REGULATIONS FOR Ordinance for which
THE PRESERVA- a civil penalty is
TION OF TREES; being sought
PROVIDING FOR ii. if possible, o
THE PURPOSE AND statement of the
INTENT;PROVIDING amount of the civil
FOR DEFINITIONS; penalties to be as-
REQUIRING A TREE 12.2 CIVIL PENAL- sessed;
PERMIT TO ALTER TIES: Any person iii. a statement that
A PROTECTED TREE; who: (1) violates the person may re-
PROVIDING TREE Section 5.2 of this quest an adminis-
P R E S E R VA TION Ordinance by alter- trative hearing be-
CRITERIA AND RE- ing a protected tree fore the City Man-
VIEW PROCESSES without first ob- ager to challenge the
FOR TREE CON- taining a tree permit assessment of the
SERVATION ANAL- from the City, or by civil penalty;
YSES, TREE CON- altering a tree in iv. a statement that
SERVATION PLANS, violation of the if an administrative
AND TREE PER- permit, and (2) vio- hearing is not timely
MITS; AMENDING ates Article 9 of this requested as pro-
THE TREE PROTEC- Ordinance by failing vided in this section,
TION AND RE- to follow the tree or the trees replaced
PLACEMENT RE- replacement proce- or payment made
QUIREMENTS; PRO- dures, shall be as- pursuant to Article
VIDING TREE sessed a ciyil penalty 9,civil penalties will
PLANTING AND equal to Two Hun- be assessed.
TREE REMOVAL dred Dollars b. A person may re-
STANDARDS; PRO- ($200.00) per diam- quest an adminis-
VIDING FOR EN- eter inch of the trative hearing be-
FORCEMENT PRO- tree(s) altered, not fore the City Man-
CEDURES AND CIVIL to exceed Two ager by filing a
AND CRIMINAL Thousand Dollars request for a hearing
PENALTIES FOR VI- ($2,000.00) per inci- with the City Man-
OLATIONS; PRO- dent. The alteration ager within 15 days
VIDING A PROCESS of each protected after the notice
FOR APPEALS AND tree shall be con- provided for in sub-
VARIANCES; PRO- sidered a separate section (a) is deliv-
VIDING A SAVINGS incident and each ered.Within ten(10)
CLAUSE PROVID- incident subjects the days of the receipt
ING A S�EVERABILI- violator to the of the request, the
TY CLAUSE; PRO- maximum civil pen- City Manager shall
VIDING A CUMULA- alty set forth herein set a time and place
TIVE CLAUSE; for each tree. The for a hearing on the
PROVIDING FOR civil penalties as- appeal which shall be
PUBLICATION IN sessed shall not not later than thirty
THE OFFICIAL exceed two times (30) days from the
NEWSPAPER; AND the amount of the date of receipt of the
PROVIDING AN EF- payment the person request.
FECTIVE DATE. would be required to c. Not less than 10
12.0 PENALTY FOR make into the Res- days prior to the date
VIOLATION toration Fund or on which the ad-
12.1 CRIMINAL PEN- other specifically ministrative hearing
ALTIES: dedicated fund as is set, the property
a. Any person who: provided in Section owner shall be sent
(1)violates Article 5 9.7. a notice of the
of this Ordinance by 12.3 PROCEDURES hearing by personal
altering a protected FOR ASSESSING delivery or certified
tree without first CIVIL PENALTIES: mail/return receipt
obtaining a tree a.The Administrative requested. The no-
permit from the City; Official shall calcu- tice shall contain the
or by altering trees late the amount of date time and place
in violation of the the civil penalties as of the hearing and
ermit or (2) vio- provided for in this the information
lates Articles 8 or 9 Article. Before as- specified in subsec-
of this Ordinance by sessing any civil tions (a)(i) and (ii).
failing to follow the penalties as provided d. After giving the
tree replacement in this section, the property owner an
procedures shall be Administrative Offi- opportunity to be
guilty of a misde- heard, the City
meanor and upon Manager shall weigh
conviction shall be all evidence pre-
fined Two Hundred sented and deter-
Dollars($200.00)per mine whether to
diameter inch of the assess civil penal-
tree(s) altered, not ties.If civil penalties
to exceed Two are assessed, the
Thousand Dollars City Manager shall
($2,000.00) per vio- sign a written order
lation. The unlawful setting forth the
alteration of each amount of the civil
protected tree shall penalty. In deter-
be considered a mining the amount
separate incident of the civil penalty,.
and each incident the City Manager �,1J --�
subjects the violator shall take into con- ,� �;�
to the maximum sideration the cost 11�.
enalty set forth of replacement of
herein for each tree. protected trees. DEC('
A person is crimi- e.A civil penalty under C 1,
nally responsible for this section is final 7007
a violation of this and binding and
Ordinance if the constitutes prima
person alters, or facie evidence of the �-;N7•
permits or causes to penalty in any suit. __
be altered, a The City Secretary ��
tected tree without shall file with the
complying with the district clerk of the
requirements of this county in which the
Ordinance. property is located,
b. A person who vio- a certified copy of
lates any provision the order assessing
of Article 10 or 11 the civil penalty
of this Ordinance stating the amount
shall be guilty of a of the penalty.
misdemeanor and f. The City Attorney
upon conviction shall is authorized to file
be fined an amount suit to enforce col-
not to exceed Two lection of a civil
Thousand Dollars penalty assessed
( 2.000.00). under this Article.
PASSED AND AP-
PROVED THIS THE
20th DAY OF NO-
VEMBER, - 2007,
DURING THE REG-
ULAR CITY COUNCIL
MEETING.
MAYOR: Andy
Wambsganss
ATTEST: Lori Payne,
City Secretary
INVOICE
slar legram RECEIVED Customer ID: CIT57
400 W.7TH STREET Invoice Number: 290690211
FORT WORTH,TX 76102
(817)390 7761 Invoice Date: 11/2/07
Federal Tax ID 22-3148254 NOV 1 3 2007 Terms: Net due in 21 days
Due Date: 11/30/07
Bill To: OFFICE OF CITY SECRETARY PO Number: no po
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 29069021
STE 440 Sales Rep: 005
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn: ACCOUNTS PAYABLE Publication Date: 11/2/07
Description' Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE Notice is he I3580 I 328 322 LINE $0.81 $265.68
Sales Discount ($5.00)
Misc Fee $5.00
Net Amount: $265.68
DECEIVED
'�'��........ CHRISTY L.HOLLAND
c MY COMMISSION EXPIRES IYOV 13 ZOO 1
July 31,2008
THE STATE OF TEXAS DEPT. OF PUBLIC WORKS
County of Tarrant
Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star-
Telegram,published by the Star-Telegram,Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the
attached clipping of an advertisement was published in above named paper on the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM
(817)390-7501
Signed
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesday,N em r 6 007.
Notary Public
Thank You For Your Payment
Remit To: Star-Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 290690211
Invoice Amount: $265.68
PO Number: no po
Amount Enclosed: $
Legal Notices
ALTIES:
a. Any person who:
(1)violates Article 5
of this Ordinance by
altering a protected
tree without first
obtaining a tree
permit from the City,
or by altering trees
in violation of the
1permit or (2) vio-
ates Articles 8 or 9 iii. a statement that
of this Ordinance by 1
failing to follow the the person may re-
tree replacement quest an adminis-
procedures shall be trative hearing be-
guilty of a misde- fore the City Man-
meanor and upon ager to challenge the
conviction shall be assessment of the
fined Two Hundred civil penalty;
Dollars($200.00)peT iv. a statement that
diameter inch of the if an administrative
tree(s) altered, not hearing is not timely
to exceed Two requested as pro-
CITY Thousand Dollars vided in this section,'
OF SOUTH LAKE ($2,000.00) per vio- or the trees replaced
Notice is hereby given lation. The unlawful or payment made
by the City Council alteration of each pursuant to Article
of the City of protected tree shall 9,civil penalties will
Southlake, Texas, be considered a be assessed.
thab. A person may re-
will a held
hearing separate incident quest an adminis-
will a on0 No- and each incident trative hearing be-
5:00 p. 2 imme-at tosubjects the violator fore the CityMan-
diately p.m.following or
ng the the maximum ager by fing a
Work fe ng the penaltyhreinset forth request for a hearing
Session,Rgla ty A herein for each tree. with the City ing tcil Regular City n personp is crimi- alter within 15 days
Man-
Council meeting to aally responsible for after the notice
be heldin the City a violation of this
CouncillChambers of Ordinancenanceif the Provided for in sub-
Town Hall, 1400 person alters, or section (a) is deliv-
Main Street, South- permits or causes to ered.Within ten(10)
lake Texas. Purpose be altered, a pro- days of the receipt
oof the request, the
is the to public hearing tectedmltree hthe City Manager shall
to consider the complying with the set a time and place
second reading of requirements of this for a hearing o the
the following ordi- Ordinance. appeal which shall be
Hance: b. person who vio- not later than thirty
ORDINANCE lates any'provision (30) days from the
NO. 585-D of Article 1001it
AN ORDINANCE OF of this Ordinanceordate of receipt of the request.
THE CITY OF shall be guilty of a C. Not less than 10
SOUTHLAKE misdemeanor and days prior to the date
AMENDING ORDI- upon conviction shall On which the ad-
NANCE 585, AS be fined an amount ministrative hearing
WHICH not to exceed Two
ESTABLISHES THE Thousand Dollars is set, the property
REGULATIONS FOR ($2,000.00). owner shall be sent
THE PRESERVA- 12.2 CIVIL PENAL- a notice of the
TION OF TREES; TIES: Any person hearing by personal
PROVIDING FOR who: (1) violates delivery or certified
THE PURPOSE AND Section 5.2 of this mail/return receipt
INTENT;PROVIDING Ordinance by alter- requested. The no-
FOR DEFINITIONS; my a protected tree tice shall contain the
REQUIRING A TREE without first ob- date time and place
PERMIT TO ALTER taining a tree permit of the hearing and
A PROTECTED TREE; from the City, or by the information
PROVIDING TREE altering a tree in specified in subsec-
P R E S E R V A T I O N violation of the tions (a)(i) and (ii).
CRITERIA AND RE- permit, and (2) vio- d. After giving the
VIEW PROCESSES lates Article 9 of this property owner an
FOR TREE CON- Ordinance by failing opportunity to be
SERVATION ANAL- to follow the tree heard, the City
YSES, TREE CON- replacement proce- Manager shall weigh
SERVATION PLANS, dures, shall be as- all evidence pre-
AND TREE PER- sessed a civil penalty rented and deter-
MITS• AMENDING equal to Two Hun- mine whether to
THE TREE PROTEC- dred Dollars assess civil penal-
TION AND RE- ($200.00) per diam- ties.If civil penalties
PLACEMENT RE- eter inch of the are assessed, the
QUIREMENTS; PRO- tree(s) altered, not City Manager shall
VIDING TREE to exceed Two sign a written order
PLANTINC AND Thousand Dollars setting' forth the
TREE 'EMOVAL ($2,000.00) per inci- amount of the civil
STANDARDS; PRO- dent. The alteration Penalty. In deter-
VIDING FOR EN- of each protected mining the amount
FORCEMENT PRO- tree shall be con- of the civil penalty,
CEDURES AND CIVIL sidered a separate the City Manager
AND CRIMINAL incident and each shall take into con-
PENALTIES FOR VI- incident subjects the sideration the cost
OLATIONS; PRO- violator to the of replacement of
VIDING A PROCESS maximum civil pen- protected trees.
FOR APPEALS AND alty set forth herein e.A civil penalty under
VARIANCES; PRO- for each tree. The this section is final
VIDING A SAVINGS civil penalties as- and binding and
CLAUSE; PROVID- sessed shall not constitutes prima
ING A SEVERABILI- exceed two times facie evidence of the
TY CLAUSE; PRO- the amount of the penalty in any suit.
VIDING A 4UMULA- payment the person, The City Secretary
TIVE CLAUSE; would be required to shall file with the
PROVIDING FOR make into the Res- district clerk of the
PUBLICATION IN toration Fund or county in which the
THE OFFICIAL other specifically Property Is located
NEWSPAPER,- AND dedicated fund as1 a certified copy of
PROVIDING AN EF- pprovided in Section the order assessing
FECTIVE DATE. 97 the civil penalty
12.0 PENALTY FOR 12.3 PROCEDURES stating the amount
VIOLtiTION FOR ASSESSING of the penalty.
12.1 CRIMINAL PEN- CIVIL PENALTIES: f. The City Attorney
a.The Administrative is authorized to file
Official shall calcu- suit to enforce col-
late the amount of lection of a civil
the civil penalties as penalty assessed
provided for in this under this Article.
Article. Before as- City of Southlake
sessin9 any civil Lori Payne
penalties as provided City Secretary
in this section, the
Administrative Offi-
cial shall send writ-
ten notice to the
person who violated
this Ordinance by
personal delivery or
certified mail,return
receipt requested.
The notice shall
contain:
i. a statement of the
violations of this'
Ordinance for whits ^
a civil penalty is c ro ,\/�Jl \
being sought; r _ a�
ii. if possible, a
statement of the
amount of the civil)
penalties to be as-
sessed;