0585TREE PRESERVATION ORDINANCE NO. 585
AN ORDINANCE OF THE CITY OF SOUT~LAKE ESTABLISHING
CRITERIA AND REGULATIONS FOR THE PRESERVATION OF MATURE
TREES; PROVIDING FOR DEFINITIONS; PROVIDING FOR PERMIT
REQUIREMENTS; PROVIDING A REVIEW PROCESS; PROVIDING FOR
TREE PROTECTION AND REPLACEMENT; PROVIDING FOR
RESTRICTIONS ON PRUNING AND PLANTING OF TREES; PROVIDING
ENFORCEMENT PROCEDURES; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION IN TEE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the ~ity 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 Local Government Code; and
WHEREAS, trees are a valuable amenity to the urban environment
and serve to create greater human comfort by providing shade,
cooling the air and otherwise tempering the effect of summer heat,
thereby reducing the requirements for air conditioning and the
subsequent depletion of scarce energy resources; and
WHEREAS, trees purify the air by filtering pollutants and dust
and release oxygen into the air; and
WHEREAS, trees protect land and structures by reducing
run-off, binding soil and minimizing flood damage; and
WHEREAS, trees are known to add dollar value to residential
and commercial property and to increase income levels and tax
revenues by attracting new business, industry and residents through
improving a city's image; and
WHEREAS, the City of Southlake desires to actively participate
in the "Tree City U.S.A." program and the "Keep Southlake
Beautiful,., program; and
WHEREAS, the City Council of the City of Southlake has
determined that tree preservation is necessary to adequately
protect the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY TEE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
TREE PRESERVATION ORDINANCE
1.0 PURPOSE AND INTENT
The purpose of this ordinance is to encourage the preservation
of mature trees and natural areas, to preserve protected trees
during construction and to control the removal of protected
trees when necessary. It is the intent of this ordinance to
achieve the following:
Prohibit the indiscriminate clearing of property.
- Protect and increase the value of residential and commercial
properties within the City.
- Maintain and enhance a positive image for the attraction of
new business enterprises to the City.
- Protect healthy quality trees and promote the natural
ecological environmental and aesthetic qualities of the
City.
2.0 DEFINITIONS
2.1
GENERAL RULES: For the purpose of this ordinance, the
following rules shall be applied in constructing,
interpreting or otherwise defining the terms and
provisions hereof:
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.
The word ".shall" is mandatory and the word "may" is
permissive.
2.2
DEFINITIONS: For the purpose of this ordinance, certain
words or terms applicable hereto are defined as
hereinafter provided. Words and terms used in this
ordinance, but not defined in this ordinance shall have
the meanings ascribed thereto 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 exists an irreconcilable conflict
in which case the definition contained in this ordinance
shall control.
BUILDABLE AREA: That portion of a building site exclusive of
the required yard areas on which a structure or building
improvements may be erected and including the actual
structure, driveway, parking lot, pool and other
construction as shown on a site plan.
BUILDING PAD: The actual foundation area of a building and a
reasonable area around the foundation necessary for
construction and grade transitions.
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CRITICAL ROOT ZONE: The area of undisturbed natural soil
around a tree defined by a concentric circle with a radius
equal to the distance from the trunk to the outermost portion
of the dripline. (See Appendix 'D'.)
CUT/FILL: Areas where the natural ground level has been
excavated (cut) to a depth of 4" or greater or earth deposited
(fill) to a depth of 4" or greater.
DRIP LINE: A vertical line run through the outermost portion
of the canopy of a tree and extending to the ground.
LIMITS OF CONSTRUCTION: A delineation on the graphic exhibit
which shows the boundary of the area within which all
construction activity will occur.
MUNICIPAL/PUBLIC DOMAIN PROPERTY: Examples of this would
include City Hall, public parks, Corps of Engineers property,
State of Texas R.O.W., library, fire stations, water tower
sites or similar properties.
PROTECTIVE FENCING: Snow fencing, chain link fence, barbed
wire fence, orange vinyl construction fencing or other similar
fencing with a four foot (4') approximate height.
TREE: Any self-supporting woody perennial plant which will
attain a trunk diameter of three (3) inches or more when
measured at a point four and one-half feet (4.5') above ground
level and normally an overall height of at least twenty (20)
feet at maturity, usually with one (1) main stem or trunk and
many branches. It may appear to have several stems or trunks
as in several varieties of oaks.
TREE, MARGINAL: A tree which the City has determined may or
may not be worthy of. preservation depending on the individual
characteristics of the tree. (See Appendix 'A'.)
TREE, PROTECTED: A specimen tree identified as a 'quality'
tree by the City or a specimen tree in the 'marginal' category
which the Landscape Administrator has determined should be
saved due to individual characteristics of the tree.
TREE PROTECTION AND REPLACEMENT REQUIREMENTS: Sections 5, 6,
7 and 8 of this ordinance.
TREE, QUALITY: A tree which the City has determined typically
has significant positive characteristics worthy of
preservation. (See Appendix)
TREE, SPECIMEN: A tree which has a diameter of 8" (Approx. 25"
circumference) or greater at breast height, four and one-half
feet (4.5') above the ground. The diameter of a multi-trunk
tree shall be determined by adding the total diameter of the
largest trunk to 1/2 the diameter of each additional trunk.
(Appendix 'E'.)
TREE BOARD: Shall mean the Planning and Zoning Commission.
3.0 TREE-REMOVAL PERMIT REOUIRED
3.1
GENER3LL: No person, directly or indirectly, shall cut
down, destroy, remove or move, or effectively destroy
through damaging, any protected tree situated on property
regulated by this ordinance without first obtaining a
tree-removal permit unless otherwise specified in this
ordinance.
3.2
MUNICIPAL/PUBLIC DOMAIN PROPERTY: Ail municipal or public
domain property shall be subject to the requirements for
tree protection and replacement specified herein.
Permit Requirements: A tree-removal permit shall
not be required for removal of a protected tree,
however protected trees to be removed must be shown
on construction plans approved by the Landscape
Administrator.
3.3
EXISTING R.O.W. AND PUBLIC
and maintenance activity
easements shall be subject
protection and replacement
EASEMENTS: Ail construction
within public R.O.W. or
to the requirements for tree
specified herein.
City Projects: The City shall be subject to the
requirements for tree protection and replacement
specified herein on all projects.
bo
Permit Requirements: A tree-removal permit
shall not be required for removal of a
protected tree, however protected trees to be
removed must be shown on construction plans
approved by the Landscape Administrator.
Franchise and Other Utility Companies: Ail utility
company projects shall be subject to the
requirements for tree protection and replacement
specified herein.
Permit requirements: A tree-removal permit
must be obtained prior to the removal of a
protected tree. This permit must be
accompanied by a site plan or construction
plan meeting the graphic exhibit requirements
specified herein. Pruning activities by a
utility must comply with section 7.
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3.4
NEW DEVELOPMENTS: All developments which have not
submitted final construction plans as of the effective
date of this ordinance shall be subject to the
requirements for tree protection and replacement
specified herein.
Residential Subdivisions: Ail area within public
R.O.W., utility easements or drainage easements as
shown on an approved Final Plat and areas
designated as cut/fill on the master drainage
construction plan approved by the Landscape
Administrator shall be exempt from the tree
protection and replacement requirements specified
herein. All other area shall be subject to these
requirements.
Permit Requirements: A tree-removal permit
shall not be required for removal of a
protected tree within said R.O.W. or
easements, however a permit must be obtained
prior to the removal of any other protected
tree on the property.
Non-Residential Developments: Ail area within
public R.O.W., public utility or drainage easements
as shown on an approved Final Plat, and the fire
lanes, parking areas and area within 12' of the
building foundation as shown on an approved Site
Plan shall be exempt from the tree protection and
replacement requirements specified herein. All
other areas shall be subject to these requirements.
Permit Requirements: A tree-removal permit
shall not be required for removal of a
protected tree within an area noted in 3.4-b
above, however a permit must be obtained prior
to the removal of any other protected tree on
the property.
3.5 PRIVATE PROPERTY:
Agricultural: Property zoned 'AG' agricultural and
being actively used for agricultural purposes shall
be exempt from the requirements specified herein.
bo
Homeowners: The owner of a residence who uses the
residence as his homestead shall be exempt from the
tree protection and replacement requirements of
this ordinance as it pertains to that residential
property.
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C o
3.6
Builders/Contractors: Ail builders who have not
submitted a request for a building permit as of the
effective date of this ordinance are subject to the
requirements herein. All area within the driveway ,
sidewalks, patios, septic tank and lateral lines,
parking area, pool and associated deck area and
area within 12' of the building foundation as shown
on an approved plot plan shall be exempt from the
tree protection and replacement requirements of
this ordinance. All other areas of the lot shall
be subject to the these requirements.
Permit Requirements: A tree-removal permit
shall not be required for removal of a
protected tree within the area noted in 3.5-c
above, however a permit must be obtained prior
to the removal of any other protected tree on
the property.
EXCEPTIONS: A tree removal permit and tree protection and
replacement requirements shall not be required under any
of the following circumstances.
Damaged/Diseased Trees: The tree is dead, diseased,
damaged beyond the point of recovery, or in danger
of falling as determined by the Landscape
Administrator. This would include removal of a
diseased tree by the city to reduce the chance of
spreading the disease to adjacent healthy trees.
Public Safety: The tree endangers the public
health, welfare or safety and immediate removal is
required.
C o
Utility Service Interruption: The tree has
disrupted a public utility service due to a
tornado, storm, flood or other act of God. Removal
shall be limited to the portion of the tree
reasonably necessary to reestablish and maintain
reliable utility service.
do
Business Interests: The following business ventures
shall be exempt from the requirements specified
herein as follows.
Landscape Nursery: Ail licensed plant or tree
nurseries shall be exempt from the tree
protection and replacement requirements and
from the tree-removal permit requirements only
in relation to those trees planted and growing
on the premises of said licensee which are so
planted and growing for the sale or intended
sale to the general public in the ordinary
course of said licensee's business.
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Golf Course: Golf courses shall be exempt from
the tree protection and replacement
requirements and from the tree removal permit
requirement for removal of protected trees
within areas designated as tee boxes, fairways
or greens. All other areas shall be subject
to these requirements.
Quarries: Ail approved quarry operations shall
be exempt from the tree protection and
replacement requirements and from the tree
removal permit requirements of this ordinance
within the limits of the active operations.
Other Business Interests: Other business
interests may be exempt from the tree
protection and replacement requirements and
from the tree-removal permit requirements only
when so stated in developer's agreement or on
a Concept Plan approved by the City Council.
4.0 PERMIT REVIEW AND APPROVAL PROCESS
4.1
AUTHORITY FOR REVIEW: The Landscape Administrator shall
be responsible for the review and approval of all
requests for tree-removal permits submitted in accordance
with the requirements specified herein.
Deferrals: The Landscape Administrator may defer
the approval of a tree removal permit to the
Planning and Zoning Commission for any reason. All
decisions made by the Commission shall be final.
Appeals: Any decision made by the Landscape
Administrator may be appealed to the Planning and
Zoning Commission. All decisions made by the
Commission shall be final.
4.2
SUBMITTAL REQUIREMENTS: The Landscape Administrator shall
establish administrative procedures necessary to
facilitate the implementation and enforcement of this
ordinance.
Tree-Removal Permit: A request for a tree-removal
permit must be submitted and approved prior to the
removal of any protected tree in the City unless
the tree is exempt under a provision of this
ordinance. (See Appendix 'B' for example permit.)
Fees: Ail tree-removal permits shall be accompanied
by a check made payable to the City of Southlake in
the amount specified by City Council.
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Graphic Exhibit: Ail requests for tree-removal
permits must be accompanied by a graphic exhibit
showing at least the following. These requirements
may be modified by the Landscape Administrator as
needed to administer this ordinance. Upon prior
approval by the Landscape Administrator the graphic
exhibit may be limited to only the applicable
portion of the site. An aerial photograph may be
allowed if it clearly meets these requirements.
Appropriate title (i.e. Tree Removal Permit
Exhibit.)
2 o
Title block includes street address, lot and
block, subdivision name, city and date of
preparation.
North arrow, graphic and written scale in
close proximity.
Name, address and phone of owner and person
preparing the exhibit if different.
5. Location of all R.O.W. lines and public
easements.
Location of all buildings, structures, pools
and other improvements intended on the lot.
7. Areas of cut/fill and flow lines shown.
8° Limits of construction line shown if
applicable.
9 o
Location of tree(s) to be removed is tied down
with dimensions from two nearest property
lines.
10. Caliper and common name of tree to be removed.
11. Any required replacement trees shown with caliper
size and common name of tree.
Permit Expiration: Permits for tree removal issued in
connection with a building permit or site plan shall
be valid for the period of that building permit's or
site plan's validity. Permit(s) for tree removal not
issued in connection with a building permit or a site
plan shall become void one hundred eighty (180) days
after the issue date on the permit.
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4~3
ACTION ON PERMIT APPLICATION: The Landscape Administrator
or the Commission shall deny a tree-removal permit if it is
determined that:
Removal of the tree is not reasonably required in
order to conduct anticipated activities; or
A reasonable accommodation can be made to preserve the
tree.
5.0 TREE REPLACEMENT REQUIREMENTS
5.1
TREE REPLACEMENT: In the event that it is necessary to
remove a protected tree as specified in 3.0-3.5 herein, the
applicant may be required to replace the protected trees
being removed with quality trees as defined herein or
canopy trees as recommended in the Landscape Ordinance. A
sufficient number of trees shall be planted to equal, in
caliper, the diameter of the tree removed. Said
replacement trees shall be a minimum of 3" caliper (at 1'
above ground) and 7 feet in height when planted. At the
time of review, the agent responsible for replacement, the
time of replacement and the location of the new trees will
be determined by the Landscape Administrator. The
replacement trees shall be located on the subject site
whenever possible, however if this is not feasible, the
Landscape Administrator has the authority to allow the
planting to take place on another property. Franchise
utility companies shall be exempt from this requirement.
6.0 TREE PROTECTION
A major purpose of this ordinance is to protect all quality
trees which are not required to be removed to allow approved
construction to occur. The following procedures are required in
the situations noted, however unique circumstances may be
accommodated by the Landscape Administrator.
6.1 CONSTRUCTION PLAN REQUIREMENTS: Ail construction plans
shall include the requirements noted in Appendix 'C'.
6.2
PROHIBITED ACTIVITIES: The following activities shall be
prohibited within the limits of the critical root zone of
any protected tree subject to the requirements of this
ordinance.
Material Storage: No 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.
Equipment Cleaning/Liquid Disposal: No equipment shall
be cleaned or other liquids deposited or allowed to
flow overland within the limits of the critical root
zone of a protected tree. This would include paint,
oil, solvents, asphalt, concrete, mortar or similar
materials.
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6.3
6.4
Tree Attachments: No signs, wires or other
attachments, other than those of a protective nature
shall be attached to any protected tree.
Vehicular Traffic: No vehicular and/or construction
equipment traffic or parking shall take place within
the limits of the critical root zone of any protected
tree other than on an existing street pavement. This
restriction does not apply to single incident access
within the critical root zone for purposes of clearing
underbrush, establishing the building pad and
associated lot
for routine
restoration of
operations.
grading,
utility
utility
vehicular traffic necessary
maintenance or emergency
service or routine mowing
Grade Changes: No grade changes in excess of 4" (cut
or fill) shall be allowed within the limits of the
critical root zone of any protected tree unless
adequate construction methods are approved by the
Landscape Administrator.
Impervious Paving: No paving with asphalt, concrete or
other impervious materials in a manner which may
reasonably be expected to kill a tree shall be placed
within the limits of the critical root zone of a
protected tree except as otherwise allowed in this
ordinance.
PRESERVED TREE: A protected tree shall be considered to be
preserved only if a minimum of 75% of the critical root
zone is maintained at undisturbed natural grade and no more
than 25% of the canopy is removed due to building
encroachment.
PRIOR TO CONSTRUCTION: At the discretion of the Landscape
Administrator, the following alternative procedures shall
be followed on all types of construction projects (i.e.
residential subdivisions, commercial, multi-family,
industrial developments, residential builders and
municipal/public).
so
Tree Flagging: Ail protected trees on the subject
property within forty feet (40') of a construction
area or surface improvements such as driveway, walks,
etc. shall be flagged with bright fluorescent orange
vinyl tape wrapped around the main trunk at a height
of 4' or more such that the tape is very visible to
workers operating construction equipment. This shall
not include the flagging of all protected trees
adjacent to R.O.W. within approved residential
subdivisions during the construction of the roadway.
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Open Space Flagging: Ail trees or groups of trees
within areas intended to be saved as open space shall
be enclosed with fluorescent orange tape along all
areas of possible access or intrusion by construction
equipment. Tape shall be supported at a maximum of 25'
intervals by wrapping trees or other approved methods.
Single incident access for the purposes of clearing
underbrush is allowed.
Protective Fencing: In those situations where a
protected tree is so close to the construction area
that construction equipment will infringe on the root
system, a protective fencing may be required between
the tree and the construction activity.
Bark Protection: In situations where a protected tree
remains in the immediate area of intended
construction, the tree shall be protected by enclosing
the entire circumference of the tree with 2" x 4"
luncher encircled with wire or other means that do not
damage the tree. The intent here is to protect the
bark of the tree against incidental contact by large
construction equipment.
6.5 PERMAI~ENT CONSTRUCTION METHODS:
Boring: Boring of utilities under protected trees may
be required in certain circumstances. When required,
the length of the bore shall be the width of the
critical root zone at a minimum and shall be a minimum
depth of 48". In particular this requirement would
typically pertain to franchise utility installations.
Grade Change: In situations where the grade change
within the critical root zone of a protected tree
exceeds four inches (4"), the procedures noted in the
City standard detail sheet shall be required.
Trenching: Ail trenching where possible shall be
designed to avoid trenching across the critical root
zone of any protected tree. This shall not inhibit
the placement of necessary underground services such
as electric, phone, gas, etc.
Root Pruning: It is recommended that all roots 2"
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 2 hours of
initial exposure.
7.0 TREE PRUNING RESTRICTIONS
7.1
GENERAL: No protected tree shall be pruned in a manner
which significantly disfigures the tree or in a manner
which would reasonably lead to the death of the tree.
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7~2
PERMIT REQUIREMENTS: Ail franchise utility companies shall
be required to maintain at the City a set of pruning
specifications (updated annually) to be followed by all
pruning contractors working for the company within the
City. Prior to beginning any pruning not requested by the
owner of the tree, the contractor shall submit to the City
an application for a pruning permit for approval. As
allowed in section 3.6-c, utility companies may prune trees
as necessary to re-establish disrupted electric service
without obtaining a permit.
7.3
ALLOWED PRUNING: The Landscape Administrator may approve
pruning of a protected tree in cases where a protected tree
must be pruned to remove branches broken during the course
of construction, or where protected trees must be
strategically pruned to allow construction of a structure.
When allowed, all pruning shall be in accordance with
approved Arboricultural techniques and the recommendations
of Appendix 'G'.
7.4
REQUIRED PRUNING: The owners of all trees adjacent to
public R.O.W. shall be required to maintain a minimum
clearance of ten feet (10') above the traveled pavement or
curb of a public street. The City shall also have the
right to prune trees overhanging within Public R.O.W. as
necessary to preserve the public safety.
8.0 TREE PLANTING RESTRICTIONS
8.1
OVERHEAD LINES: Any required replacement trees shall not be
planted within an area such that the mature canopy of the
tree will interfere with overhead utility lines.
8.2
UNDERGROUND UTILITIES: Any required replacement trees shall
not be planted, within an area such that the mature root
zone of the tree will interfere with underground public
utility lines. No trees shall be planted within ten feet
(10') of a fire hydrant.
9.0 ENFORCEMENT
9.1
DEVELOPERS AGREEMENT: No developer's agreement shall be
approved which does not state that all construction
activities shall meet the requirements of the tree
preservation ordinance.
9.2
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 the tree preservation ordinance. The
Building Official shall make available to the applicant a
copy of the tree preservation ordinance or a condensed
summary of the relevant aspects pertaining to the type of
permit requested.
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10.0
9.3
ACCEPTANCE OF IMPROVEMENTS: No acceptance of public
improvements shall be authorized until all fines for
violations of this ordinance have been paid to the City or
otherwise disposed of through the Municipal Court.
9.4
CERTIFICATE OF OCCUPANCY: No Certificate of Occupancy
(C.O.) shall be issued until all fines for violations of
this ordinance have been paid to the City or otherwise
disposed of through the Municipal Court.
VIOLATIONS
Any person, firm, corporation, agent or employee thereof who
violates any of the provisions of this ordinance shall be guilty
of a misdemeanor and upon conviction hereof shall be fined not
to exceed Five Hundred Dollars and No Cents ($500.00) for each
incident. The unlawful destruction or removal of each protected
tree shall be considered a separate incident and each incident
subjects the violator to the maximum penalty of $500.00 per
tree.
11.0 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.
12.0 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.
13.0 SAVINGS CIJtUSE
Ail rights and remedies of the City of Southlake are expressly
saved as to any and all violations of the provisions of any
ordinances af£ecting the regulations for installation of
landscaping improvements which 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.
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14.0 PUBLICATIONS 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 days after passage of this
ordinance, as required by section 3.13 of the Charter of the
City of Southlake.
15.0 EFFECTIVE DATE
This ordinance shall be in full
its passage and publication as
ordained.
force and effect from and after
required by law, and it is so
16.0 APPENDICES
It is anticipated that the following appendices will be changed
periodically by the Landscape Administrator in response to
changes in the administration of this ordinance.
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No. 585
PASSED AND APPROVED ON FIRST READING ON THIS
.~ ~/ , 1993
/ DAY OF
ATTTEST:
PASSED AND APPROVED ON SECOND READING ON THIS
~//~ , 1993.
/
~_~, .. ~, ,.
APPROVED AS TO FORM AND LEGALITY:
DAY OF
ATTEST:
CITY SECRETARY
APPENDIX 'A'
TREE SUMMARy
The following is a summary of representative trees for each category of tree.
QUALITY TREES
Common Name
Botanical Name
Identification Notes
Pecan
Cedar Elm
Shumard Red Oak
Texas Red Oak
Live Oak
Bur Oak
Post Oak
Black Jack Oak
Lacebark Elm
Chinese Pistache
Sweetgum
Austrian Pine
Chinquapin Oak
Southern Magnolia
Bald Cypress
Caddo Maple
Texas Hickory
Carya illinoensis
Ulmus crassifolia
Quercus shumardii
Quercus texana
Quercus virginiana
Quercus macrocarpa
Quercus stellata
Quercus marilandica
Ulmus parvifolia
Pistacia chinensis
Liquidambar styraciflua
Pinus nigra
Quercus muhlenbergii
Magnolia grandiflora
Taxodium distichum
Acer barbatum 'Caddo'
Carya texana
Pecan fruit, compound leaves
Deciduous, 1"-2" dark green leaves
Deep pointed lobes in leaves
Vertical multi-trunk shape
1 1/2" dark green pointed leaves
Large acorn, leaf border at end
Deep lobes, rounded tip on leaf
Leathery 3"-7" leaf, no lobes
Small dark serrated green leaves
3" sickle leaflets, fall color
Star shaped leaf
Two needles
Oblong 4"-6" serrated leaf
Large evergreen Leaf, white flower
Feather-like foliage, fall color
Five-lobed leaf
Five leaflets, 1"-2" nut
~ommon Name
Cottonwood
Mesquite
American Elm
Slash Pine
Honeylocust
Japanese Black Pine
Western Soapberry
Red Cedar
Deodar Cedar
MARGINAL TREES
Botanical Name
Populus deltoides
Prosopis glandulosa
Ulmus americana
Pinus elliotti
Gleditsia triacanthos
Pinus thunbergii
Sapindus drummondii
Juniperus virginiana
Cedrus deodara
Identification Notes
Deep fissures in bark, heart shape leaf
Lacy open foliage, 10" bean fruit
'V' shaped main branching
Tall cylindrical shape
Lacy foliage, thornless variety only
Twisted growth, dark green needles
18" compound leaf, 1/2" clear fruit
Native, pyramidal shape
Large pyramidal evergreen
OTHER TREES OF CONCERN
Although the following trees do not typically obtain the protected 8" size, the City
would like to recommend that protective care also be considered for these trees:
Common Name
Redbud
Mexican Plum
Possumhaw Holly
Golden Raintree
Yaupon Holly
Cherry Laurel
River Birch
Eves Necklace
Botanical Name
Cercis canadensis
Prunis mexicana
Ilex decidua
Koelrutaria paniculata
Ilex vomitoria
Prunus carollniana
Betula nigra
Sophora affinis
Identification Notes
Purple/white flower in sprin9
White flower, exfoliating bark,thorns
Showy orange/red fruit, deciduous
Yellow flower, panicled fruit
Evergreen, light bark, red fruit
Glossy evergreen foliage, shrubby
White flaky bark
Dull green tear-dropped shape leaf
-14-
DEVELOPME~ ND~4E
STREET ADDRESS
EXHIBIT 'B'
CITY OF SOUTHI2%KE
TREE-REMOVD~L PERMIT APPLICATION
LOT: BLOCK:
05/06/93
NAFLE:
~i)DRES S:
OWNER
CONTRACTOR/BUILDER
PHONE:
I hereby certify that this application meets the requirements of the Tree
Preservation Ordinance and further certify that all construction pertaining to this
project shall meet the requirements of the Tree Preservation Ordinance.
Signed: Title: Date:
For City Use Only:
I hereby acknowledge receipt of this application and the application fee in the
amount of $ on this the day of , 19
Signed: Title:
Shown Not GENER3kL INFOP34ATION
On Plan Applic.
Appropriate title (i.e. Tree Removal Permit Exhibit)
Title block includes street address, lot and block, subdivision name
Title includes City and date of preparation
North arrow, graphic and written scale in close proximity
Name, address ~nd phone of owner
Name, address and phone of person preparing the exhibit
Location of tree(s) to be removed is tied down with dimensions from two
nearest property lines
Location of all R.O.W. lines and public easements
Location of buildings, structures, pools and other improvements
Areas of cut/fill and flow lines
Caliper and common name of tree(s) to be removed
Any required replacement tree(s) shown with caliper size and common name
of tree
Limits of construction line shown
Reason Tree Must be Removed:
Permit for tree removal approved the day of , 19 __
~y: Title:
Notes:
-15-
APPENDIX 'C'
CONSTRUCTION PLAN REQUIREMENTS
The following shall be required as a part of all construction
plans submitted to the City when required by the Landscape
Administrator.
A Tree Preservation Detail Sheet shall include the following
at a minimum.
a. The requirements of section 6.2 6.4 shall be noted.
A graphics legend to be used throughout the plans for the
purposes of showing the following: Trees to be flagged,
protective fencing, trees requiring bark protection,
boring, areas of cut and fill impacting protected trees.
Graphic tree exhibit showing the features of a tree to
include the critical root zone, truck, canopy, drip line
and method of caliper measurement.
Graphic exhibits showing methods of protection to include
snow fences, boarded skirts, etc.
Graphic exhibits showing construction methods to include
grade changes, boring, trenching etc.
f. Graphic exhibit showing appropriate pruning practices.
Ail requirements of the Tree Preservation Ordinance shall be
shown graphically on all applicable sheets within the
construction plans.
-16 -
APPENDIX 'D'
TREE EXHIBIT
CRITICAL ROOT ZONE: The area of undisturbed natural soil around
a tree defined by a concentric circle with a radius equal to the
distance from the trunk to the Outermost portion of the dripline.
DRIP LINE: A vertical line run through the outermost portion of
the canopy of a tree and extending to the ground.
-17-
APPENDIX 'E'
METHODS OF TREE MEASUREMENT
....... ~ Actual Line of Messurement
ON A SLOPE IRREGULAR SWELLING
(Requires Discretion)
MULTI-STEMMED TREE LEANING TREE
Source: COA
Diameter Measurement: The diameter of the protected tree shall be
measured as shown. The diameter of a multi-trunk tree shall be
determined by adding the total diameter of the largest trunk to 1/2
the diameter of each additional trunk.
APPENDIX 'F'
EXAMPLE BUILDER SITE PLAN
TREE REMOVAL PERMIT REQUEST
2143 OAK ST., SOUTHLAKE-4/18/93
-19-
PREPARED BY OWNER:
MR. TREE SAVER
1913 SPRUCE ST.
DALLAS, TX. 70418
PH. 214/240-2108
APPENDIX 'G'
TREE PRUNING RECOMMENDATIONS
branch I No Yes
bark ridge I ~' k
, I
/~, collar
When removing a branch, always cut outside the
branch bark ridge and collar. Do not make a flush
cut.
Branches that do not have a distinct collar should be
cut at a right angle to the branch outside the branch
bark ridge.
codomh
.brenchea
r~
;~t,~ ~/' '. 2 remove limb
olla~'/\ I Under cut
f 3 cut stub
/ o---utsld9 of collar
Trees may have c0dominant stems, as shown on the
left. If a codominant stem must be removed, cut at
an angle outside of the bark ridge as shown in the
insert at right. Avoid leaving any stub.
When removing heavy limbs, first make an
undercut several inches outside of the collar. Then
remove limb by a second cut an inch or so outside of
the first cut. Remove stub with a third cut just
outside of the collar. (Feucht, 1985)
-20 -
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
THE STATE OF TEXAS
runty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc . at Fort Worth, in Tarrant
County, Texas; and who, after being duly sworn, did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates:
E AD INVOICE NO. DESCRIPTION AD SIZEINCH/LINE
TOTAL RATE AMOUNT
NC TOTAL
JUN 18 2487980 ' CL . 358 1X53 L 53 . 43 22 . 79
riT�PREER"V A TTf O N
j u n e 18
A rdpncoftnityo P. O. # ORDINANCE 585
ndke estb ssn,ocrM
paroovd inga ode5IInRrereo vlding for permit requ re-
mints; providing a review
process; providing for tree
protection and rBp�a t;
providing for re51 9�ee5;
prUnlny an Ian rig Of tr
provldi ngentorcement p rsoa'
cdu�res;providing that thi
crane shall be cumulative of
all ordinances proviiding pp
�sBeVeerability clause; prvvid-
ingfor a penaltvfor violations
hereof; Provi�ng a sav�rws
clause,`pprovid ng for publlca-
tion in theofficia new5papar;
and�providing an effective S I G N E
VIOLATIONS
-
I C su�p}eo n f n.ed) o exo lneca D SWORN TO BEFORE ME , TIS THE DAY OF Person, firm, corpora
hgardo esaniooet ; NOTARY PUBLIC
so misordnanceseaII
andnlyofam4 hawj
Feqiedpraiae s " TARRA N T COUNTY , TEXAS
f�nttree. unlawful ch r
ilOrl or removal ofooenafll Pf0-
ted@ppdaa rate in Incident andodeach
tnc ae b a um4f eeblltvtt off
South ke thl s ttheT l!th day of
Ju '�993 Mayor Gary uFI>cst Sandr L.LeG nd,
�Itv r ary-EAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
Approved as . rm,
WaCity Attoorr ev GI A REMIT TO: 400 W. SEVENTH, FW, TX 76102
I�Qe g�pp,ply �,�py�/p���y �y 6 y�
Port Worth
F'Ef f ITTO:
ACCOUNT AMOUNT
2487980 NUMBER CIT57 DUE 22. 79
PAGE k,F 1
CITY OF SOUTHLAKE ORIGINAL •
667 N CARROLL AVE PLEASE PAY 22. 79
SOUTHLAKE TX 76092-9595 THIS AMOUNT
ATTN: FAX
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram • ,
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
THE STATE OF TEXAS
runty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared SUE RUSSELL Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc . at Fort Worth, in Tarrant
County, Texas ; and who, after being duly sworn , did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE 1 AD INVOICE NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT
JUN 04 2477568 CL. 358 1X74 L 74 . 43 31. 82
June 4
NOTICE OF PUBLIC P • O • # 585
HEARING
NOTICE IS TRECokPETthat
INTERESTED
a
o
Texas,will beholding a public
hearing during the Regular
City Counctil meetin to be
held
of CI yitHaill,6 67CNortth
Carroll Avenue, Southlake,
Texas.The Pu rposeot the pub-
ic hearing is to consider the
following ordinance:
TREE PRESERVATION
ORDINANCE NO.O 585
AN ORDINANCE OF
RITER IA AND REGU-
LATIONS CITY OF S UTH- .,'L�
PRESERVATION FOR THEI SIGNED J4L �. "_,G-14"-'
AAATURETRES OF AND SWORN TO BEFORE ME, THIS THE 16TH DAY OF JUN: 1993
iING FOR DEFINI-
R PROVIDING NO I AI\Y PUBLIC - -✓ - - r-_
R aERMIT R O- — `
)IRING A REVIEW ----���� '��
FRTSERPRTECOREO
T A R R A N T COUNTY, TEXAS
TION AND REPLACE- 11"�e1110^e•py"c,:g,4 tir--wwMENT PROVIDING
FOR
ITANOPRUE NINGD ayP�
Jb P4• t —KAMRRYN-I.SPENCER'
iPLANTING OR TREES;
PROVIDING EN-
FORCEMENTROCE-
UR ; VI G # "'''•'COMAV D 0',n J MISSION EXPIRES $
NANC E F BE OR- sMULA THIS
0 '.'F �Qy"NWAI2$r }pp5
DINANCESL f , r ,
PROVIDING A SEVER- a.gi.gi.
ABILITY CLAUSE
PROVIDING FOR A
PENALTY FOR VIOLA-
VIDhINGEA HEREOF;
PRO-
VIDING —TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
FORUPUBLICATIONnIN
THE OFFICIAL NEWS-
PAPER;AEFFECTIVED OIIN
lO.0
DATEELATIONS REMIT T0 : 400 W. SEVENTH , FW , TX 76102
Any person firm,corpora-
tion, agent or employee
thereof who violates any of REMIT�^ g(� y�g�Ipy V �y�y�( q, 7�1-2051
the provisions of this ordl- "' X�F3(T7l/t 11 11/l n /1/17171 !�
nance shall r guilty of a Star-'Felegrarn
misdemeanor and upon
conviction hereof shall be I ACCOUNT AMOUNT
fined not to exceed Five
HundredNoNUMBER C I T 5 7 DUE 31 . 82
Dollars and
Cents(5500.00)for each In-
cident. The unlawful de- -
struction or removal of each 1
Incident subjects the viola- !
for to the maximum penalty PAGE 41P
of 5500,0p0p per tree.
City of Southl ke,Texas
Sandra L.LeGrand
City Secretary
CITY OF SOUTHLAKE ORIGINAL
667 N C A R R O L L A V E PLEASE PAY 31. 8 2
SOUTHLAKE TX 76092-9595 THIS AMOUNT
ATTN: SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
Star-'I1egram FED. I.D. NO. 22-3148254
AD ORDER NO. 12179755
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
THE STATE OF TEXAS
unty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared \Q,v 'r,n.-R-- Si • �t,v._� Billing Specialist for the
Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and
who, after being duly sworn, did depose and say that the following clipping of an advertisement was
published in the above named paper on the following dates:
I DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT•
INCH/LINE
12/19ME 12179755 TREE PRESERVATIO I358 1x 81L 81 . 79 65 . 19
TREE PRESERVATION 12/19-12/1 R 1
ORDINANCE NO.585-A
AN ORDINANCE OF THE CITY
OF SOUTHLAKE ESTABLISH-
ING CRITERIA AND REGULA-
TIONS FOR THE PRESERVA-
TION
OF
ID-
ING FOR PERMIT REQUIRE-
VIEW PROCESS- PROVIDING
FOR THREE PROTECTION
AND REPLACEMENT• PRO-
ON I PRUNING AND I PLANT '
ING OF TREES; PROVIDING
ENFORCEMENT PROCE-,
PROVIDING
TTHIS ORDINANCE SHALLHBE '
CUMULATIVE OF ALL ORDI
NANCES'PROVIDING A SEV-
ERABILI1Y CLAUSE-PROVID-
ING FOR A PENALTY FOR VI- `
-LATIONS HEREOF'
40VIDING A SAVINGS l SIGn>- _'� -
LAUSE; PROVIDING FOR
UBLICATION IN THE OFFI-
5' VIDINGANNEWSEF EECTIVEDATEPRD. SWORN
10.0 VIOLATIONS
DAY OF�c-� - ,N��
Any person,firm,corporation, �1,v��4 \`/���`��v
agent, or employee thereo 7? ...1`9�if RHONDA R. GOKE
who violates the provisions Q'
of Article Three of this ordi- z- `^rf Notary Public
Hance shall be guilty of a mis- i•: COMMISSION EXPIRES
demeanor and upon convic- 1,vr.
tion hereof shall be fined $''� -'7 SEPTEMBER 8 1999.
One Hundred Dollars rh�r••.....•ice'
($100.00)per diameter inch , ti�., TARRANT COUNTY,TEXAS
of the tree(s) removed or
damaged. I
Anyyg person,firm,corporation,
whonviolates or any otherh
provi-
sions of this ordinance shall 3 ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
be guilty of a misdemeanor
and upon conviction hereof
shall be fined not to exceed k-TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-------A
Five Hundred Dollars and No
Cents($500.00)for each in-
cident. The unlawful injury,
destruction or removal of
each protected tree shall be
considered a separate inci-
dent and each incident sub-
jects the violator to the maxi-
mum penalty set forth herein. rain
per tree.
a.Removal of Public Trees:It t REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
shall be deemed a violation ,,.. ''fi;'�� ' e f
of this ordinance for any per- tall g 2 ,..1 -�2' �.• r"Gi+r
son or firm to engage in the
business or occupation of ACCOUNT AMOUNT
pruning, treating, or remov- NUMBER C I T 5 7 DUE 65 . 19
ing street or park trees with-
in the City without first pro-
curing approval from the
Landscape Administrator. PAGE 1 O IF ANY QUESTIONS, PLEASE CALL(817)390-7885
Lr
PASSED AND APPROVED ON L
2ND READING THIS THE
16TH DAY OF DECEMBER,
1997, DURING THE REGU-
LAR CITY COUNCIL MEET-
ING.
MAYOR RICK STACY
ATTEST:
SANDRA L.LEGRAND,
CITY SECRETARY
APPROVED AS TO FORM:
E.ALLEN TAYLOR JR.,
CITY ATTORNEY
CITY OF SOUTHLAKE 1
667 N CARROLL AVE PLEASE PAY
SOUTHLAKE, TX 76092-9595 THIS AMOUNT , 65 . 19
PLEASE WRITE IN AMOUNT ENCLOSED
Star-Telegram FED ID N0. 4
AD ORDER NO. 12119218
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C IT 5 7
THE STATE OF TEXAS
unty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared TAMMIE BRYANT Billing Specialist for the
Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and
who, after being duly sworn, did depose and say that the following clipping of an advertisement was
published in the above named paper on the following dates:
7- DATE AD ORDER ND DESCRIPTION AD SIZE TOTAL RATE AMOUNT
INCH/LINE
12/05ME 12119218 NOTICE OF PUBLIC I358 Ix 89L 89 . 79 70 . 31
NOTICEt l PUBLIC
HEHEARING
E 6 terested oGSVEN 12/ 5-1 /0 5
that
--.. - the City Council of the City of _. .
Southlake,Texas will be hold-
ing a public hearing during
the Regular City Council
Meeting to be held on De-
cember 16, 1997 at 6:00
p.m. in the City Council
Chambers of the City Hall,
667 North Carroll Avenue,
Southlake,Texas. _
Purpose
consider the secondnreading
of the follow ing ordinance:
TirF
SOUTHLAKE_ TEXAS
ORDINANCE rNO.585-A
AN ORDINANCE OF THE CITY
OF SOUTHLAKE EESTABLISH-
ING S FO CRITERIA AND RE ERVA-, -
710NS FOR THE PRESERVA-' Jlul�\
rION OF OR DEFINITEIONS PROVIDING
POV D N
NG FOR PERMIT REQUIRE-
MENTS' PROVIDING A RE-
VIEW PROCESS. PROVIDING
S FOR TREE PROTECTION SWORN TO BEFORE E T THE 23rdDAY OF DECEMHFR
AND REPLACEMENT; PRO-
VIDING FOR RESTRICTIONS
IN OF PRUNING AND PLANT- RHONDA R. GOKE la
1,5n0 ,
PLANT-
ING OF TREES; PROVIDINGw, NotaryPublic
ENFORCEMENT PROCE-
DURES', r
PROVIDING THAT
THIS ODINANCE SHALL BE '� COMMISSION EXPIRES
CUMULATIVE OF ALL ORDI-
NANCES PROVIDING A SEV- �'iir, 4,,— SEPTEMBER 8, 1999
ERABILITY CLAUSE PROVID- i4 ..�- TARRANT COUNTY,TEXAS
INC FOR A PENALTY FOR VI-
OLATIONS HEREOF'
PROVIDING A SAVINGS`
CLAUSE; PROVIDING FOR
PUBLICATIONIAEWSPEN THE OFFI-
CIAL ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK CIAL NEWSPAPER AND PRO- YOU!
VIDING AN EFFECTIVE DATE.
A VIOLATIONS,corporation TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
Anyny person,firm c �j
agent, or employee thereof
who violates the provisions
of Article Three of this ordi-
demeanorrllandguplonof a mis-
convic-
tion hereof shall be fined
One Hundred Dollars
t ($100.00)per diameter inche I .
lamaam
of the tree(s) removed or
damaged. REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
Any person,firm,corporation
agent or employee thereof
who violates any other prow-
sions of this ordinance shall .
be guilty of a misdemeanor ACCOUNT AMOUNT
and upon conviction hereof NUMBER C I T 5 7 DUE 70 . 31
shall be fined not to exceed
Five Hundred Dollars and No
Cents($500.00)for each in- IF ANY QUESTIONS, PLEASE CALL(817)390-7885
cident. The unlawful injury, PAGE 1destruction or remova of
each protected tree shall be
considered a separate inci-
sub-
jects the violator toe dthtmaxi-
mum penalty set forth herein
per tree.
a.Removal of Public Trees.It
shall be deemed a violation
of this ordinance for any per-
son or firm to engage in the
business or occupation of
pruning, treating, or remov-
ing street or park trees with-
in the City without first pro-
curing approval from the S O U T H L A K E -�
Landscape Administrator.
City of Southlake Sandra L.LeGrand R R O L L A V E PLEASE PAY
City Secretary THIS AMOUNT
SYOUTHLAKE , TX 76092-9595 70 . 31
PLEASE WRITE IN AMOUNT ENCLOSED