0585COFFICIAL RECORD
ORDINANCE NO.585-C
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-B as provided herein;
WHEREAS, the Southlake City Council has determined that amending Ordinance 585-B
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-B as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
Ordinance 585-C 1 Southlake Tree Preservation Ordinance
Ordinance 585-13, Tree Preservation Ordinance of the City of Southlake 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 finds 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;
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;
Ordinance 585-C 2 Southlake Tree Preservation Ordinance
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 defining 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 defined as
hereinafter provided. Words and terms used in this Ordinance, but not defined in this
Ordinance shall have the meanings contained in the Zoning Ordinance, Landscape
Ordinance or other ordinances of the City. Words and terms defined 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.
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
Ordinance 585-C 3 Southlake Tree Preservation Ordinance
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.
CERTIFICATE 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.
CUT/FILL: 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 (1/2) of the
diameter of each additional trunk, measured at a height of 4 1/2feet above the ground.
DEVELOPMENT: Any construction activity for which a building permit or earth
disturbance permit is required under the ordinances of the City.
Ordinance 585-C 4 Southlake Tree Preservation Ordinance
DEVELOPMENT REVIEW COMMITTEE (DRQ: 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.
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 centerpoint 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,
Ordinance 585-C 5 Southlake Tree Preservation Ordinance
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.
HEAVILY 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.
MULTIPLE 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 8.1.c.
MUNICIPAU/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 ("R.O.W."),
libraries, fire 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.
Ordinance 585-C 6 Southlake Tree Preservation Ordinance
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 benefits 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.
SELECTIVE THINNING: The process by which non-contiguous protected trees are
identified and removed within a heavily wooded area to provide the maximum benefit 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 classification system of the
City's roadway network linking street functionality with design priorities for all streets.
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
Ordinance 585-C 7 Southlake Tree Preservation Ordinance
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 13 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.
Ordinance 585-C 8 Southlake Tree Preservation Ordinance
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.
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 if the 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;
Ordinance 585-C 9 Southlake Tree Preservation Ordinance
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 S1720,
SF30, SFI, 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.
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 of this 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;
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:
Ordinance 585-C 10 Southlake Tree Preservation Ordinance
i. The amount of land to be disturbed, if any;
ii. The method and equipment to be used; and
iii. 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:
i. Location of all existing structures, improvements, streets or rights -of -way,
property lines, setback and yard requirements.
ii. Location of all existing utility lines, utility service lines, and easements.
iii. 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
ii. 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);
C. A tree protection plan identifying the required tree protection measures
including fencing and signage;
f. Clear delineation of construction related parking, storage, staging,. and access
areas
g. Limits of clearing, grading, and trenching;
Ordinance 585-C 11 Southlake Tree Preservation Ordinance
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
in. 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;
Ordinance 585-C 12 Southlake Tree Preservation Ordinance
(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
Ordinance 585-C 13 Southlake Tree Preservation Ordinance
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: After the tree permit is issued, the permit
holder shall post a "tree protection sign" at each entrance to the property upon which
one or more trees subject to the permit is situated, and at any other location
designated by the Administrative Official.
7.0 TREE CONSERVATION ANALYSES (TCA) AND TREE CONSERVATION
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.
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.
Ordinance 585-C 14 Southlake Tree Preservation Ordinance
Table 1.0 — Tree Conservation Analysis and Tree Conservation Plan
by Activity Type
Type of Development
Requirement for
Criteria for Review
Application
Anal sis 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,
Based on the approved Concept,
if application is not sought in
Development, or Site Plan, or, if none,
conjunction with a concept,
on Tree Conservation Analysis, or, if
development or site plan, a Tree
none, on Section 7.2
Conservation Plan is also
required
Final Plat
Tree Conservation Plan
Based on conformity with the approved
Preliminary Plat
Plat Showing/Plat
Tree Conservation Plan
Section 7.2
Revision
Earth disturbance
Tree Permit Application
Based on the conformity with the
permit/Building permit
approved 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 site
Minimum percentage of the
existing tree cover to be preserved*
0% — 20%
70%
20.1 — 40%
60%
40.1 % - 60%
50%
60.1% - 80%
40%
80.1% - 100%
30%
*The minimum percentage of existing tree cover to be preserved shall exclude any area in public
rights -of -way as approved by City Council.
Ordinance 585-C 15 Southlake Tree Preservation Ordinance
b. For property sought to be zoned for the Downtown zoning district or a planned
development zoning district, including an S-P-1 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 finds that the Plan or Analysis provides for
the:
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;
ii. maximizes the preservation of tree cover preservation areas indicated on
the Environmental Resource Protection Map;
iii. 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
vi. 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:
i. 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)
ii. 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
Ordinance 585-C 16 Southlake Tree Preservation Ordinance
1.1
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
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 Survey or alternative to a tree survey
iii. 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
viii. 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
xi. 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
xiii. 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.
Ordinance 585-C 17 Southlake Tree Preservation Ordinance
7.4 ACTION ON TREE CONSERVATION ANALYSIS AND TREE
CONSERVATION PLAN:
a. An application that requires the submittal of either a
Analysis or a Tree Conservation Plan shall first be
Development Review Committee in conjunction with
development application.
Tree Conservation
reviewed by the
the accompanying
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 GENERALLY: For 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:
i. 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 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.
ii. The Administrative Official may issue a permit allowing the clearing and
grubbing of brush located within or under the drip lines of protected trees
Ordinance 585-C 18 Southlake Tree Preservation Ordinance
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 of the 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:
i. 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.
ii. 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.
iii. 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
Ordinance 585-C 19 Southlake Tree Preservation Ordinance
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 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:
Ordinance 585-C 20 Southlake Tree Preservation Ordinance
the proposed building and site plans meet the conditions of the City
Council approved Tree Conservation Plan; and
ii. 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.
9.0 TREE REPLACEMENT AND TREE PROTECTION STANDARDS
9.1 GENERALLY: If required 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
Ordinance 585-C 21 Southlake Tree Preservation Ordinance
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 final,
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 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
Ordinance 585-C 22 Southlake Tree Preservation Ordinance
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.
ii. Equipment Cleaning/Liquid 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.
Ordinance 585-C 23 Southlake Tree Preservation Ordinance
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.
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).
i. Protective Fencing: Prior to commencing construction, the 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.
ii. 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.
iii. 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
Ordinance 585-C 24 Southlake Tree Preservation Ordinance
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.
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 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.
ii. 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.
iii. 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 are 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.
Ordinance 585-C 25 Southlake Tree Preservation Ordinance
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 TREE PRUNING STANDARDS
10.1 PRUNING TECHNIQUE: All pruning shall be conducted in accordance with
universally accepted arboricultural standards and the regulations contained in this
Ordinance.
10.2 REQUIRED PRUNING: The owner of all trees which are adjacent to and within all
public R.O.W shall be responsible for the maintenance of such street trees. 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. Such owners
shall promptly remove all dead, diseased or dangerous trees, or broken or decayed
limbs which may constitute a threat or danger to the safety of the public.
10.3 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.
11.0 TREE PLANTING AND REMOVAL STANDARDS
11.1 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.
11.2 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.
11.3 STUMP REMOVALS: All stumps of street and park trees shall be removed below
the surface of the 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.
Ordinance 585-C 26 Southlake Tree Preservation Ordinance
11.4 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.
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.
12.0 PENALTY FOR VIOLATION
12.1 CRIMINAL PENALTIES:
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 fined 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 fined an amount not to
exceed Two Thousand Dollars ($2,000.00).
Ordinance 585-C 27 Southlake Tree Preservation Ordinance
12.2 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
Rind as provided in Section 9.7.
12.3 PROCEDURES FOR ASSESSING CIVIL PENALTIES:
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:
i. a statement of the violations of this Ordinance for which a civil penalty is
being sought;
ii. if possible, a statement of the amount of the civil penalties to be assessed;
iii. 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.
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-C 28 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 final 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.
13.0 ENFORCEMENT
13.1 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.
13.2 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.
13.3 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
Ordinance 585-C 29 Southlake Tree Preservation Ordinance
any fines, penalties, or other obligations, or otherwise prevent the City from enforcing
the terms of this Ordinance.
13.4 CERTIFICATE OF OCCUPANCY: No Certificate of Occupancy ("C.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.
13.5 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 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.
14.0 APPEALS AND VARIANCES
14.1 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 final. No decision of the
City Council can be appealed to the Tree Board.
Ordinance 585-C 30 Southlake Tree Preservation Ordinance
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.
14.2 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:
i. 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;
iii. 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;
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;
Ordinance 585-C 31 Southlake Tree Preservation Ordinance
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
15.0 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.
16.0 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
Ordinance 585-C 32 Southlake Tree Preservation Ordinance
submitted final 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 subject 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 effective and applicable to those developments as described in
and set forth in Section 19. Such provisions shall continue in full force and effect for such
purpose.
17.0 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 final disposition by the courts.
18.0 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, fine 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.
19.0 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:
19.1 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 final plat being approved on or before the first
anniversary of the date of approval of a portion of the preliminary plat;
Ordinance 585-C 33 Southlake Tree Preservation Ordinance
19.2 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
19.3 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.
19.4 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.
PASSED AND APPROVED on the 1st reading the 3rd day of January, 2006.
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PASSED AND APPROVED on the 2nd reading the 18tb day of April, 2006.
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Ordinance 585-C 34 Southlake Tree Preservation Ordinance
APPENDIX A
Requirements for Alternative to Tree Surveys and Tree Surveys
Requirement
Alternative to a
Tree Survey
Tree Survey
1. 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 1" = 200'
Yes
Yes
4. Prepared by licensed surveyor, landscape architect, or other person as
No
Yes
approved by 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
clearl
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
11. All individual protected trees shown with the caliper size andspecies
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 sitespecific 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 sitespecific 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
21. 1-foot contours (for non-residential development only)
No
Yes
Required for site plans only.
Ordinance 585-C 35 Southlake Tree Preservation Ordinance
APPENDIX B
RECOMMENDED TREE PLANTING LIST
Common Name
Botanical Name
Pecan
Carya illinoensis
Cedar Elm
Ulmus crassifolia
Shumard Red Oak
Quercus shumardii
Texas Red Oak
Quercus texana
Live Oak
Quercus virginiana
Bur Oak
Quercus macrocarpa
Post Oak
Quercus stellata
Black Jack Oak
Quercus marilandica
Lacebark Elm
Ulmus parvifolia
Chinese Pistache
Pistacia chinensis
Sweetgum
Liquidambar styraciflua
Austrian Pine
Pinus nigra
Chinquapin Oak
Quercus muhlenbergii
Southern Magnolia
Magnolia grandiflora
Bald Cypress
Taxodium distichum
Caddo Maple
Acer barbatum'Caddo'
Texas Hickory
Carya texana
Western Soapberry
Sapindus drummondii
Red Cedar
Juniperus virginiana
American Elm
Ulmus amiricana
Ordinance 585-C 36 Southlake Tree Preservation Ordinance
INVOICE1
Star -Telegram
Customer ID:
CIT57
400 W. 7TH STREET
RECEIVED
Invoice Number:
269035081
FORT WORTH, TX 76102
Invoice Date:
4/21/06
(817) 390-7761
Federal Tax ID 22-3148254
M Ay - 8 2006
Terms:
Net due in 21 days
Due Date:
4/30/06
Bill To:
OFFICE OF CITY SECRETARY
PO Number:
NO PO
CITY OF SOUTHLAKE
Order Number:
26903508
1400 MAIN ST
STE 440
Sales Rep:
073
SOUTHLAKE, TX 76092-7604
Description:
CITY OF SOUTHLA
Publication Date:
4/21/06
Ann Attn: SHARON . A/P
Description
Location Col Depth
Linage MU Rate Amount
CITY OF SOUTHLAKE ORDINANCE NO 13580 1 172
172 LINE
$0.81 $139.32
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary
for the Star-Telegran
depose and say tho
LEGAL DEPT. STAR TL
(817) 390-7320 i
SUBSCRIBED AND S\
Thank You For
Remit To: Star
P.O.
meanor and upon
conviction shall be
fined Two Hundred
Dollars ($200.001 t
diameter Inch o}} he
tree(s) altered, not to
exceed Two Thou-
sand Dollars
($2,000.001 p4r
lation. The unlawful
or each
protecalteratt
contsldea ed awl te
�each
Net Amount: $13932
incident and
incident subjects the
violator to t�e maxi-
mum penalty set forth
herein for each tree.
A person is criminally
responsible for a vi-
olation of this Ordi-
nance if the person
alters, or ppermits or
causes toealtered,
a protected tree
without complying
with the requirements
of this Ordinance.
A person who vio-
lates anyy provision of
Article 10 or 11 of this
Ordinance shall be
gouty of a misde-
:yak '
CHRISTY L. HOLLAND
meanor and upon
. .
conviction shall be
I :
MY COMMISSION EXPIRES
fined an amount not
to exceed Two
,
•',''g'4� �``
July 3t, 2008
Thousand Dollars
V(2,000.00).
2.2 _ CIVIL PENAL -
a protected tree
without first obtaining
a tree permit from the
City, or by ag lterina
tree in violation of the his day personally appeared Lisa Wesselman, Bid and Legal Coordinator
permit and (2) vio- Y P Y PP 9
tes Article s of this
ort Worth, in Tarrant County, Texas; and who, after being duly sworn, did
Ordinance by failing
to follow tf�eprooe nt s publi hed in e above named paper on the listed dates: BIDS &
replacement
dures, shall be as-
sessed a civil penalty
Dollar. ($200 civil
)drpedr
diameter inch of the
tree(s) altered, not to
exceed Two Thou-
sand Dollars
($2,000.00) per inci-
dent. The alteration of
each protected tree 4, 2W6
shall be considered a
separate incident and
each incident subjects
the violator to the
maximum civil penalty --- 19a
set forth herein for
each tree. The civil
penalties assessed
shall not exceed two
times the amount of
the payment the per-
son wouldberequired -------------------------
to make into the
Restoration Fund or
other specifically
dedicated fund as
pprovided in Section
9.7.
PROVED TH
Customer ID:
CIT57
S THE
2006 DDURING THE
REGOLAR CITY
Customer Name:
CITY OF SOUTHLAKE
COUNCIL MEETING.
Wambsganss Andy
Invoice Number:
269035081
TTEST: Lori Farwell,
City Secretary
Invoice Amount:
$139.32
PO Number: NO PO
Amount Enclosed: $
INVOICE Draft Only
Star-Telegram INVOICE
V Customer ID: CIT57
400 W.7TH STREET 1'7,FORT WORTH,TX 76102 Invoice Number: 264773461
(817)390-7761 Invoice Date: 1/5/06
Federal Tax ID 22-3148254 / Terms: Net due in 21 days
�� Due Date: 1/31/06
Bill To: PO Number: NO PO
CITY OF SOUTHLAKE f\ ��
1400 MAIN ST Order Number: 26477346
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn: ACCOUNTS PAYABLE Publication Date: 1/5/06
Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE Notice is he I;5$O I 115 115 LINE $0.81 $93.15
CITY OF ING A SEVERABILI-
SOUTHLAKE. TY CLAUSE PRO-
NoticeD is hereby given VIDING THAT THIS
-1r1 by the City Council of ORDINANCE SHALL
T7 the City of Southlake, BE CUMULATIVE OF Net Amount: $93.15
Texas, that a public ALL ORDINANCES
C) hearing will be held PROVIDING FOti
r-rl on January 17, 2006, PUBLICATION IN
T1 at 6:00 p.m. or im- THE OFFICIAL
CD R- m mediately following I NEWSPAPER; AND
the Work Session, PROVIDING AN EF-
-T7 . o during the Regular FECTIVE DATE.
City Council meeting SECTION 11.2
C) I 1 to be held in the City ANY PERSON WHO
Council Chambers of VIOLATES ANY
_, Town Hall,1400 Main OTHER PROVI-
Street, Southlake, SIONS OF THIS I
�,/, IV
Texas.Purpose of the ORDINANCE SHALL
public hearing is to BE GUILTY OF A
r n O m consider the second M I S D E M E A N O R
O reading of the fol- AND UPON CON-
lowing ordinance: VICTION HEREOF
70 ORDINANCE NO. SHALL BE FINED
r..rl 585-C NOT TO EXCEED
_� AN ORDINANCE OF ONE THOUSAND
THE CITY OF D O L L A FOR
i. SOUTHLAKE 1 ($1 000.00
AMENDING ORDI- EACH INCIDENT.
NANCE NO. 585-B, EACH VIOLATION
` WHICH ESTABLISH- SHALL BE CONSID- Mr ".,
ES THE REGULA- ERED A SEPARATE ;a�" ? CHRISTYL.HOLLAND
TIONS FOR THE INCIDENT AND * * MY COMMISSION EXPIRES
PRESERVATION OF EACH INCIDENT •
TREES; PROVIDING 11 SUBJECTS THE VI- =;��;.,,,,.?•' JU 3t,2008
THE STATE OF TEXAS FOR THE PURPOSE I OLATOR TO THE '•,,gor ,• N
AND INTENT; PRO- MAXIMUM PENALTY <I
County of Tarrant VIDING FOR DEFI- I SET FORTH HEREIN
NITIONS PROVID- FOR EACH TREE.
ING A ThEE PRES- City of Southlake
ERVATION POLICY' Lori Farwell
Before me, a Notary Pul PROVIDING REVIEW City Secretary iy personally appeared Lisa Wesselman, Bid and Legal Coordinator
PROCESSES THAT
for the Star-Telegram, pi INCLUDE TREE legram, Inc.at Fort Worth, in Tarrant County,Texas;and who, after being duly sworn, did
psay CONSERVATION
an advertisemen was published in the above named paper on the listed dates: BIDS&
depose and that th ANALYSES,.
O N S E n v A TREE
o N
LEGAL DEPT. STAR TLEGF PLANS AND TREE ' _
PERMItS,' PROVID-
(817) 390-7320 ING A STAFF UP- n
DATEABLE TREE 11w
TECHNICAL MANU-
AL TO ASSIST IN v
MEETINGINANCE THE ORR_ Signed
PROVRIDINGE N FOR
SUBSCRIBED AND SWORN TREE PROTECTION Tuesday,Janu 1 , C�/ /
AND REPLACE-
MENTS; PROVIDINGV `��
TREE PLANTING, Notary Public
AND TREE REMOV-
AL STANDARDS"
Thank You For Youi ENOFVORCEMENNTT
PROCEDURES AND
PENALTIES FOR
— -`' VIOLATIONS' PRO-
VIDING A PROCESS
FOR APPEALS AND
VARIANCES; PRO-
VIDING A SAVINGS
CLAUSE: PROVID-
Remit To: Star-Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 264773461
Invoice Amount: $93.15
PO Number: NO PO
Amount Enclosed: $