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0585ATREE PRESERVATION ORDINANCE NO. $85-A \N ORI)INANCE OF THE CITY OF SOUTHLAKE ESTABLISHING CRITERIA AND REGULATIONS FOR THE PRESERVATION OF TREES; PROVIDING FOR DEFINITIONS; PROVIDING FOR PERMIT REQI IREMENTS; PROVIDING A REVIEW PROCESS; PROVIDING FOR TREE PROTECTION AND REPLACEMENT; PROVIDING FOR RESTRICTIONS ON PRUNING AND PLANTING OF TREES; PROVIDING ENEORCEMENT PROCEDURES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITk CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas. is a home role City acting under its charter adopted b? the electorate pursuant to Article XI. Section 5 of the Texas Constitution and Chapter 9 of the Local Goxernment Code: and WHEREAS, trees are a valuable amenity to the urban environment and serve to create greater [~tmun comlbrt by pro~ iding shade, cooling thc air and otherx~ise tempering the effect of summer heat. ~hc~eb5 reducing [hc requirements fi)r air conditioning and the subsequent depletion of scarce energy WHEREAS, trees purify the air by filtering pollutants and dust and release oxygen into the air; WIIEREAS. trees provide natural habitat for many species of small animals: 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 %VHEREAS, the City Council of the City of Southlake has determined that tree preservation is necessar? to adcquately protect the public heahh, safer? and welfare. L: ,CiF,fDC, CS'xORD'FINALX, TREE~585 A.WPD Adopted December 16, 1997 Page 1 WHEREAS. property zoned agricultural, or property which is zoned for residential uses but is being marketed by a builder or developer, may be in transition from one use to another, and thns are subject to different requirements than homco*~ncrs in certain residential zoning districts to ensure that protected trees arc preserxed: NOX~,THEREFORE, BE IT ORDAINED BY THE CITY CO[NCIL OF THE CITY OF SOUTHLAKE, TEXAS: 1.0 2.0 TREE PRESERVATION ORDINANCE PURPOSE AND INTENT The purpose of this ordinance is to promote site planning which furthers the preservation of mature trees and natural areas, to protect trees during construction: to facilitate site design and construction v, hich contribute to the long term viability of existing trees; and to control the remox al of trees when necessary· It is the further purpose of this ordinance to achieve the t-ollox~ lng broader objectives: - 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 qualit} trees and promote tire natural ecological environmental and aesthetic qualities of the City. DEFiNi i-iONS 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. b. The word "shall" is mandatory and the ,aord "may" is permissive. L \C:TYDOCS~ORDkFIN/UL~TREE~SSS-A WPD Adopted December 16, 1997 Page 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 haxe thc meanings ascribed thereto in the Zoning Ordinance. Landscape Ordinance or other ordinances of the City. Words and terms defined in tx~o ordinances shall be read in harmony unless there exists an irreconcilable conflict in ~,,hich case the definition contained in this ordinance shall control. A(;RiCIiLTURAL USE: The use of land to produce plant or animal products, such as the gro~ing of crops, raising and pasturing of livestock, or farming. It does not include the processing of plant or animal products after harvesting or the production of timber or forest products, BUILDABLE AREA: That portion ora building site exclusNe of the required yard areas on which a structure or building impro'4ements 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 tbundation necessary fiw construction and grade transitions. CLEAR-CIJTTING: The removal Gl'all of the trees or a significant majority of the trees within an area of land. CRITICAL ROOT ZONE (CRZ): 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.) Ct T, FILL: Areas where the natural ground level has been excavated (cut) or fill brought in. DRIP LINE: A vertical line rnn 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 ~tations, water toy, er sites or similar properties. PROTECTIVE FENCING: Snow' fencing, chain link fence, barbed ~ire fence, orange vinyl construction fencing or other similar fencing with a four foot (4') approximate height. SELECTIVE THINNING: Fhe removal of selected trees from within a densely forested area. L:'ClTYDOCSkORD\FINALNTREE\SSS~A.WPD Adopted Decen~er 16, 1997 Page 3 TREE: Any self-supporting woody perennial plant which will attain a trunk diameter of two inches (2"5 or more when measured at a point four and one-half feet ('4.5') above ground level and normaIl? an n,,erall height of at least fifteen i'eet (15') at maturity, usually with one (1) main stem or trunk and man? branches. It ma? appear to have sexeral stems or trunks as in several varieties of oaks. IREE. M.\R(HNAL: :\ tree which the City has determined may or may not be worthy of preservation depending on thc individual characteristics of the tree. (See Appendix A.) TREE, PARK: *Frees. shrubs, and all other woody vegetation in public parks and all areas owned by the City to which the public has tree access to as a park. FREE, PROTECTED: A specimen tree identified as a 'quality' tree by the City or a specimen tree in the 'marginal' category, w. hic, h the Landscape Administrator has determined should be sa,,ed due to individual characteristics of the tree or a specimen understory tree as noted in Appendix A. I'P, EE, QUALITY: A tree vd~ich the Cit? has determincd typically has significant positive characteristics worth) of preservation, t See Appendix A.) 7RI.:E, SPECIMEN: A tree other than an understoo' tree (See Appendix A) which has a diameter of six inches (6") or greater four and one-half feet (4.5') above the ground and an understorv tree (See Appendix A) ~,,hich has a diameter of tx~o inches (2") or greater ibur and one-half feet i4.5') above the ground. The diameter of a multi-trunk tree shall be determined by adding the total diameter of the largest trunk to !5 the diameter of each additional trnnk. (Appendix ' E' }. TREE, STREET: Trees. shrubs, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the City. TREE, UNDERSTORY: A tree which ~he city has determined has significant positive characteristics worthy of preservation and that does not typically attain great size. (See Appendix A) TREE PROTECTION AND REPLACEMENT REQUIREMENTS: Sections 5, 6, 7 and 8 of this ordinance. FREE TOPPING: Thc severe cutting back of limbs to stubs larger than three inches in diameter Mthin the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. 'FREE BOARD: There is hereby created and established a City Tree Board. This Board shall be the Planning and Zoning Commission unless othervdse appointed by City Council. L:kCITYDOCSNORDiFINALkTREE\58S A.WPD Adopted December 16, 1997 Page 4 _3.0 TREE-REMOVAL PERMIT REQUIRED 3.1 Gl NERAL: No persnn, directly or indirectly, shall cut down. destroy, remove or move. or eft'ectixcl? dcstro~ through damaging, any protected tree situated on property regulated by this ordinance ,,,.ithout first obtaining a tree-remo,,al permit unless other;,,ise specified in this ordinance. Clear-cutting: Thc clear-cutting of land as defined in this ordinance is prohibited. Selective ['hinning: The removal of selected trees from within a densely ]:brested area '~hen done in a professionally accepted manner shall be allowed as a single permit upon approval by the l.nndscape Administrator. Approval will only be granted when the .Landscape Administrator determines that the selective thinning is being done in a manner that would enhance the environment and likelihood of survival tbr the remaining trees. Ground l.e~el Cuts: Where protected tree removal is allowed through exemption or by tree removal permit, and the root system is intertv, ined with protected trees which are intended to be saved, 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 allox~ed or upon approval of the Landscape Administrator, a trench may be cut between the two trees sufficient to cut the roots near thc tree to be removed, thereby allowing removal of the remaining stump without destruction of the root system of the saved tree. MUNICIPAL/PI;BLIC DOMAIN PROPERTY: All municipal or public domain pruperty shall be subject to the requirements for tree protection and replacement speci fled herein. Permit Requirements: A tree-remo,,al permit shall no_At 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. Tree Board Responsibilities: It shall be the responsibility of the Tree Board to study, investigate, council and develop and/or update peri'odically, and administer a written plan lbr the care, presep,'atiom priming, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan shall be presented to the Council and when adopted shall represent the comprehensive tree plan ]:'or the city. Acceptable Trees: Fhe Landscape Administrator shall maintain a list of trees acceptable for planting along streets, within parks, or within other public areas. Trees other than those listed as acceptable may only be planted upon approval of the Landscape Administrator. L:',CITSFDOCSkORD\,FINAL~TREE~585 A.WPD Adopted December 16, 1997 Page 5 Street Tree Spacing: The spacing of street trees will be in accordance with recommendations of the Landscape Administrator. Closer spacings or group plantings ma~ be approxed by the Landscape Administrator in nniqne situations and when recommended b3a registered Landscape Architect. C Public I~ee t'are: ['he CitL shall ha'~c the right to plant, prune, and maintain trees street trees and park trees within the lines of all streets, alleys, avenues, lanes, squares, and public groands, as may be necessary to insure public safety or to preserve or enhance thc symmetry and beauty of such public grounds. The City may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric po,~,~er lines, gas lines, v, ater lines, or other public improvements, or is affected x~ith any injurious fungus, insect or other pest. EXISTING R.O.W..AND PUBLIC EASEMENTS: All construction and maintenance activiLv within public R.O.W. or easements shall be subject to the requirements for tree protection and replacement specified herein. City Projects: 'lhe Cit? shall be subject to the requirements tier tree protection and replacement specified herein on all projects. Permit Requirements: A tree-removal permit shall not be required 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: All utility company projects shall be subject to the reqnirements 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 accompanicd by a site plan or construction plan meeting the graphic exhibit requirements specified herein. Pruning activities by a utility must comply with Section 7. 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: All 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. L:x,C!TYDOCS~ORDI FINALNTREE\,585 A.WPD Adopted December 16, 1997 Page 6 Aerial Photo Required: An aerial photo meeting the requirements of Schedule B herein shall be required with the submittal ora concept plan or preliminary plat. ``~hiche`,'er occurs first. The aerial photo must be dCCompanied b.~ a transparent plan of the development (at the same scale as the photo} shox`,ing ali proposed ROW and lotting patterns. The landscape Administrator is authorized to require a tree survey meeting tl~c requirements of Schednle B herein ,,,,'hen dctemfined to be needed to e``aluate the impact on trees. Permit Requirements: A tree-remo`,al permit shall no~t be required for removal of a protected tree `,~ithin 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 ~)e,,elopments: All area within public R.O.W., public utility or drainage easements as shown on an approved Final Plat, and the fire lanes, required parking areas and area within six feet (6') of the building foundation as shov, n on an approved Site Plan shall be exempt from the tree protection and replacement requirements specified herein. When the developer pro,.ides parking spaces in addition to the required number of parking spaces, he shall be required to replace a percentage of thc trees removed, or make a payment into tbe Relbrestation Fund. The number of trees the developer shall be required to replace shall be calculated based on the percentage of extra spaces to total number of spaces (i.e. extra stalls/all stalls) multiplied by the number of trees removed in all stalls equals the numbers of trees to be replaced in accordance ~itb Section 5 herein. Permit Requirements: A tree-removal permit shall not be required for removal ora protected tree `,~ithin an area noted in 3.4-b above, ho`,',ever a permit must be obtained prior to the removal of any other protected tree ou the property. Required Survey: A survey meeting the requirements of Schedule B herein shall be required with the submittal of a Concept Plan, Site Plan or Preliminary Plat, whichever occurs first. Administrator P, eview: The Landscape Administrator shall evaluate any plans required by this ordinance for determination that the developer has made their best good-faith effort at saving as many protected trees as possible. An analysis prepared by the Landscape Administrator shall be forwarded to the Planning and Zoning Commission and the City Council for their consideration regarding denial or approval of the development. Adopted December 16, 1997 Page 7 PRIVATE PROPERTY: Agricultural: F}~e ox~ner of propert? zoned 'AG' agricultural and being actively used tbr agricultural purposes or being used for an individual residence or homestead shall be permitted to remo~e se~en (7) protected trees per calendar ~ear ~ithout obtaining a permit. Protected trees removed in excess of seven will require pemrits. It is uot the intent of this ordinance to prohibit the clearing of land for legitimate, agricultural use. An agriculturally zoned property owner shall request the Landscape Administrator to make an on-site inspection of the property to be cleared and provide to the Landscape Administrator the purpose and reason lbr the clearing. If the Landscape Administrator determines the clearing of land to be for a legitimate, agricultural reason, he shall issue a tree removal permit. To gi~e the agricultural property owner the same rights as the residentially zone~t property owner, he can be exempt from this ordinance for a total of two (2) acres surrounding his dwelling. Homeoxxners: The o~ner of property zoned SF20, SF30, SFh R-PUD and RE x,,ho resides alt the property and use the residence as a homestead shall be exempt from the requirements of this ordinance as it pertains to that property. This exemption shall also include homeov, ners who have coutracted with a builder to construct ti~eir home on their property. Builders / Contractors: All builders v~ho have not submitted a request for a building penmt as of the effective date of this ordinance are subject to the requirements herein. All area within the driveway, public sidewalks, patios. septic tank and lateral lines, parking area, pool and associated deck area and area within six feet (6') of the building foundation as shown on an approved plot pl,m shall be exempt l¥om 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 no~t be required for removal ora 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. Required Sur;ey: A survey nrecting the requirements of Schedule B herein shall be required with the submittal ora Concept Plan, Site Plan or Plot Plan x,,hen submitted for a building permit request, whichever occurs first. L: ,CfTYI)OCS~ORD,FINAL'\TREE'~585 A.WPD Adopted December 16, 1997 Page 8 EXCEPTIONS: A tree removal permit and tree protection and replacement requirements shall not be required under any of the following circumstances. The burden of proof as a qualified exception is upon the remoxer of the tree. It is highly recommended that qualil~cation as an exception be determined with the l,andscape Administrator prior to relllO% ill el'the tree. ti. Diseased Trees: The tree is diseased, damaged beyond the point of recovery, or in danger of falling as determined by the Landscape Administrator prior to the remo'~at of the tree. The removal ora diseased tree by the city or an individual is required 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 remov, al is required. 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. Eandscape Nurser?: All licensed plant or tree nurseries shall be exempt from the tree protection and replacement requirements and from the tree-removal pem~it 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. 4.0 PERMIT REVIEW ,AND APPROVAL PROCESS 4.1 AUTHORITY FOR REVIEW: The Landscape Administrator shall be responsible the revie~ and approvai of ali 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 Plmming and Zoning Commission for any reason. All decisions made by' the Commission shall be final. Appeals: ,Xmy decision made by the Landscape Administrator ma,',' be appealed tO the Tree Board. All decisions made by the Tree Board shall be final. Adopted December 16, 1997 Page 9 4.2 SUBMITTAL REQUIREMENTS: The Landscape Administrator shall establish administrative procedures necessaD, 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: All tree-removal permits shall be accompanied by a payment made to the Cit.,,' of Southlake in the amount specified by City Council. Required Documents: Either an aerial photo, exhibit or survey shall be required with any activity, item as noted in the following Schedule A or as otherwise noted herein and must include the items referenced in Schedule B. L:~CiTYDOCS~ORD\,FINAL~TREE~SgS-A.WPD Adopted December 16, 1997 Page 10 Schedule A ~ SUMMARY OF REQUIRED DOCUMENTS Rcf I Activin' Item Required Document Aerial Photo Exhibit Survey I[AL SUBDIVISION RESID[£N :\ x3, ith submittal of a Concep~ Plan or Preliminary Plat. whichever Yes: Note~ RESIDENTIAL BUILDERS B With submittal ora building permit request for any construction that Yes Occurs ~vithin fort5 feet (40') of any protected tree on lots 20,000 square tket or larger. COMMERCIAL DEYELDPMENTS L Wdh the submittal of a Concept Plan, Site Plan or Prelimina~ Plat, Yes ~hichever comes first. COMMERCIAL BUILDERS D With submittal ora Concept Plan. Site Plan or Plot Plan tbr building Yes permit request, s~,hichever occurs first FR.,\NCHISE UTILITY COMPANY [5 With request for tree removal or pruning to maintain services. Yes Notes: I. [l~e Landscape Administrator has the authority to require a detailed tree survey on particular areas when determined to be needed to evaluate the impact on trees. 2 The aerial photo must be accompanied by a transparent plan of the development (at the same scale as the photo) shDwing ali proposed ROW and IotXing patterns. L:,C!TYDOCS\0RD,,FiNAL~TREEXxS85-A.WPD Adopted December 16, 1997 Page 11 Schedule B - SUMMARY OF DOCUMENT REQUIREMENTS Ref Required on Document Item Aerial Exhibit Sur~ey Photo Y~s ~, es .-\ppropr~ate I-iris_' l i.e. Pree Remo,,a} Exhibit. or Iree Survey') ! 5es Yes 1 die block x~ hich iocludcs street address, lot and block, subdivision name. city attd date nf preparation ~ 5es Must be prepared by a registered professional land surveyor certified arborist. or other similarl? qualified prot~ssional 4 'fes Yes Yes North arro~, graphic and written scale in close proximity' ':, Yes Scale at a s~ze no larger than 1 - _00 (i.e. l"=100' OK) 6 Yes Yes ~larq, e. address and phone of owner and person preparing the document Note: Yes Yes Location of all ROW lines and public easements 8 Yes Yes Location of all buildiogs, strnctures, pools, parking and other impro,,ements M~ich are existing or intended on the lot ') Yes Areas of cut 1511 ,,~ ith amount of each shou, n and flox~ lines shown II) Yes Existing and proposed spot elevations, grndes and mqjor contours, along with ex~sting landscaping, streams, ponds and m~jor natural features. i I '~es h'es' Yes' Areas of no disturbance labeled as "No Disturbance Area". This area must be clearly marked on the plan and surrounded with protective fencing on the groond q siogle incidence remo~,al of underbrush and 'vines is allowed. 12 Yes All protected trees shown individually on the plan. t Canopy Trees 6" or greater in size and Understory Trees 2" or greater in size. Trees in close proximity that all ha'~e a caliper of less than four inches (4") may be desigoated as a group of trees with quantity of quality, marginal and understory trees shown. (see appendix 'A') !3 x,-,~ vo~ Trees must be tied by horizontal control (i.e. '~ ~ ; o r~ ,' ~ ~. placed through coordinates determined via survey.) 14 Yes All protected trees shown with diameter (4.5' from the ground), common name and condition. 15 Yes An_,, proposed replacement trees shown with caliper size. common name of tree and mature size. In Yes Yes Yes Graphic representations as required by Appendix '~H" herein. / 7 I Yes Phasing of tree survey along with phasing of the development is permitted. Notes: lan area ma? be designated as a "No Disturbance Zone" on the plmr ,.','hen approved by the Landscape Administrator and trees within that zone are not required to be individually' identified on the plan. ' l'he aerial photo mnst be accompanied b? a transparent plan of the de~,elopment (at the same scale as the photo) showio~ all proposed ROW' and lotting patterns. x The t andscape Administrator shall have the authority to designate areas as 'mo disturbance" areas where a survey would not be required due to no intended construction. L '2iTYDOCS~OP~D~,FINAL\,TREE'\585 A.WPD Adopted December 16, 1997 Page 12 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) tbr 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 thc permit. :\C ['It)N ()N PERMIT APi'LICATION: l'he Landscape Administrator or the Tree Board shall grant a tree-removal permit based on the tbllowing criteria: '¢;hether or not a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the removal of the tree; Fhe cost of preserving the tree: Whether the tree' is worthy of preservation. 'Frees listed as marginal trees in Appendix LA' usually shall not be considered worthy of preservation depending on the individual characteristics of the tree; The effect of the remo,,al on erosion, soil moisture, retention, flow' of suri~ce x~ aters, and drainage systems: Thc need lk)r buffering of residential areas from the noise, glare, and visual effects of nonresidential uses; f. Whether the tree interferes with a utility service: Whether the proposed tree replacement pursuant to Section 5.0 hereof adequately mitigates the removal of the tree: Whether the removal affects the public health, safety or welfare. 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 (other than franchise utility companies) shall 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 or exceed, in caliper, the diameter (at 4.5' above ground level) of each tree removed. This mitigative measure is not meant to supplant good site planning. [tee replacement will be considered only after all design alternatives which could save more existing trees have been evaluated and reasonably rejected. Said replacement trees shall be a minimum of Y' caliper (at 1' above ground) and seven feet (7') in height when planted. L ,CiTYDOCS~xORDX, FINALNTREEN585 A.WPD Adopted December 16, 1997 Page 13 5.2 REPLACEMENT PROCEDURES: At the time of review, the agent responsible for replacement, the time of replacement and the location of the new' trees will be determined bx' the Landscape Administrator The replacement trees shall be located on the subiect site whenever possible, hov, e,,er if this is not feasible, the Landscape :\dn~inistrator has thc authorit,,, to alit),,,, the planting to take place on another property. including public propcrt3. Franchise utility companies shall be exempt I'rom this requirement. II'thc Landscape Adnrinistrator appro,,es the planting of replacement trees more than 30 days after the removal of protected trees, the applicant shall provide the Landscape Administrator with an affidavit that all replacement trees ,,,,'ill be planted within six months. A replacement tree that dies within one year of the date it was planted must be replaced by another replacement tree. REFORES FATION FUND: If approved by the Landscape Administrator. the applicant. in lieu of compliance wi~ Section 5.2 hereol:; may make a payment into the Reforestation Fund or otl~er specifically dedicated fund. The funds shall be used only Ibr purchasing and planting trees on public property or acquiring wooded property which shall remain in a naturalistic state in perpetuity. The amount of the payment required for each replacement tree shall be calculated based on a schedule published annually b.x thc [andscape Administrator ,ahich sets forth the average cost of a quality tree added to the average cost of planting a tree. 6.0 ]REE PROFECTION A ma0or purpose of this ordinance is to protect all protected trees which are not required to be remoxed to allow approved construction to occur. The following procedures are required: 6.1 CONS FR[!CTION PLAN REQUIP,&iMENTS: All 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 alloy, ed to flow overland within the limits of the critical root zone of a protected tree. Ibis includes, without limitation, paint, oil, solvents. asphalt, concrete, mortar or similar materials. L:\,CITYDOCS'~ORD\,FINJkLNTREE~,585 A.WPD Adopted December 16, 1997 Page t4 'Free Attachments: No signs, wires or other attachments, other than those of a protective nature shall be attached to any protected tree. Fencing attached to a tree via "l i" nails or bent nails x~hen only at points of tangency with the tree are alloxxed. Vehicular traffic: No vehicular and/or construction cqnipment 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 v,'ithin the critical root zone tBr purposes of clearing underbrush, establishing the building pad and associated lot grading, vehicular tralt~c necessary for routine utility maintenance or emergency restoration of utility service or routine mowing operations. Grade Changes: Nq grade changes shall be allowed within the limits of the critical root zone of any protected tree anless adequate construction methods are approved by the Landscape Administrator or if grading is as directed by the citx's drainage inspector. lmper'~ious Paving: No paving with asphalt, concrete or other impervious materials in at manner which may reasonably be expected to kill a tree shall be placed x~ithin the limits of the critical root zone ora protected tree except as othcr'~,,ise allo~ked in this ordinance. PRESERVED ·FREE: A protected tree shall be considered to be preserved ouly if a minimum of 75% of the critical root zone is rnaintained at undisturbed natural grade and no more than 25% of the canopy is removed due to building encroachment. 6.4 PRIOR TO CONS I RU(. I ION: The tbllowing procedures shall be followed ou all types of construction projects (i.e. residential subdivisions, commercial, multi-family, industrial developments, residential builders and municipal/public). Tree Flagging: All protected trees on the subject property vdthin 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. '['his shall not include the flagging of all protected trees adjacent to ROW. within approved residential subdivisions during the construction of the roadway. Open Space Flagging: All trees or groups of trees within areas intended to be saved as open space shall be enclosed with fluorescent orange tape along all areas ot possible access or intrusion by construction equipruent. Tape shall be supported at a n~aximum of 25' intervals by ,,wapping trees or other approved methods. Single incident access for the purposes of clearing underbrush is allowed. L.\CiTYDOCSNORD',,FINAL\~TREE',585 A.WPD Adopted December 16, 1997 Page 1S Protective Fencing: In those situations where a protected tree is so close to the construction area that construction equipment might infringe on the root system or is xxithin twenty t'eet (20') of the construction area. a protective fencing shall be reqaircd bet~een the outer limits of the critical root zone of the tree and the construction activity area. Four t'eet (4') high protective t'encing shall be supported at a mdxi~num of It)' inter;als by approved methods. All protective t'encmg shall be ii1 place prior to commencement ofan3 site work and remain in place until all exterior work has been completed. 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 circamference of the tree v, ith 2" x 4" lumber encircled with ',','ire or other means that do not damage the tree. The intent here is to protect the bark of the tree against incidenta! cqntact by large construction equipment. 6.5 PERMANENT CONSTRUCTION METHODS: Boring: Boring of utilities under protected trees shall be required ill those circamstances where it is not possible to trench around the critical root zone of tile protected tree. When required, the length of the bore shall be tile width of the critical root zone at a minimum and shall be a minimum depth of 48". Grade ('hange: In situations where the grade change within the critical root zone or' a protected tree exceeds the limits noted in section 6.2.e herein, the procedures noted in the City standard detail sheet shall be required. Trenching: All trenching shall be designed to avoid trenching across the critical root zone of any protected tree. Although this section is not intended to prohibit the placement of underground services such as electric, phone, gas, etc., the placement of these utilities is encouraged to be located outside of the critical root zone of protected trees. Irrigation system trenching shall be placed outside of the critical root zone with only the minimum required single head supply line allotted within that area placed radially to the tree trunk. Root Pruning: 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 sa~ and covered with pruning componnd within 2 hours of initial exposure. L:',CITYDOCS\,ORD',FINALkTREE 585 A.WPD Adopted December 16, 1997 Page 16 7.0 FREE PRI NING RESTRICTIONS 7.1 7.3 7.4 7.5 7.6 £1ENi-A,LXL: No protected tree shall be pruned in a manner which significantly disligares thc trcc or in a manner ~dfich x~ould reasonably lead to the death of the tree. PERMIT REQI~'IREMENTS: All franchise utility companies shall be required to maintain at the (_'it.,,' a scl of pruning specifications (updated armualb ) to be followed by all pruning contractors x',orking tbr thc company within the City. Prior to beginning any pruning not reqnested 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 3.4-c, utility companies ma,,, prune trees as necessaO' to re-establish disrupted electric service without obtaining a permit. ALLOWED PRUNING: The Landscape Administrator may approve pruning of a protected tree in cases uS'here protected trees must be strategically pruned to allow constrnction or demolition of a structure. When allowed, all pruning shall be in accordance x~ith Section 6.3 above, approved Arboricultural techniques and the recommendations of Appendix G. This section is not intended to require a tree permit f'or reasonable pruning perforated or contracted to be perforated by' the owner of the tree x,,hen unrelated to construction activits. RI.i()UIRED PRIlNING: 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 ora public street. Said owners shall also remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the pablic. l'he City shall also have the right to prune trees overhanging within Public R.O.W. v, hich interfere vdth the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign or as necessary to preserve thc public satbtv TREE FOPPING: it shall be unlawful as a normal practice for any person, firm, or department to top any street tree, park tree, or other tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the Landscape Administrator. SI'[ ;MP REIMOVALS: All stumps of street and park trees shall be removed below the snrl~ace of the ground so that the top of the stump shall not project above the surface of the ground. L:/CITYDOCS[ORD~FINAL/TREEk585 A.WPD Adopted December 16, 1997 Page 17 8.0 TREE PLANTING RESTRICTIONS g.l ()VI!R;IE,\D LINES: Any required replacement trees shall not be planted within an area such that the mature canopy of thc tree ~ill interfere with overhead utility lines. 8¸2 I ND}.RtiR. Ot/ND II ll.I ['lES: :\n? required replacement trees or street trees shall not bc planted ~x ithin an area such that the mature root zone of the tree ;',ill interfere with undergronnd public utility lines l including ,,,,ater lines, sewer lines, transmission lines or other utilities) Nn trees shall be planted within ten feet (10') ora fire hydrant. S IREET COtLNERS: No street tree shall be planted closer than 35 feet (35') of any street corner, measured t'rom the point of nearest intersecting curbs or curblines. 9.0 ENFORCEMENT 9¸1 DEVELOPERS AGREEMENT: No dc',eloper's agreement shall be approved which does not state that all construction activities shall meet the requirements of the tree preservation ordinance. 0.2 Bt 71LDING PERMIT: No building permit shall be issued unless the applicant signs an application or permit request ~hich states that all construction activities shall meet the requirements of the tree preservation ordinance. The Building Official shall make a~ailable 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. 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 other',',ise disposed of through the Municipal Court. No acceptance of public improvements shall be authorized until all replacement trees have been planted or appropriate payments have been made to the Refo~estation Fired; provided, howewr, that acceptance of public improvements shall be authorized before all trees have been replaced if a fiscal security is posted in the amount equal to the prevailing rate for installed trees with a one (1) year guarantee, plus fifteen percent 115%') to cover administrative cnsts. ('ERI IFICA I'E OF OCCUPANCY: No Certificate of Occupancy (C.O.) shall be issued until all flues tbr viulations of this ordinance have been paid to the City or otherwise disposed of through the Municipal Court. No Certificate of Occupancy shall be issued until all replacement trees 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 ifa fiscal security is posted in the amount equal to the prevailing rate for installed trees with one (1) year guarantee, plus fifteen percent l 15%) to cover administrative costs. L ,CiTYDOCS',ORD' FINALITREE'~585 A.WPD Adcpted December 16, 1997 Page 18 [0.0 VIt)I,ATIONS \n} person, firm. corporation, agent, or employee thereof who violates the provisions of Article Three of this ordinance shall be guilty of a misdemeanor and upon conviction hereof shall be fined ()nc }hmdrcd Dollars ($100.00) per diameter inch of the tree(s) removed or damaged. An? person, firm. corporation, agent or employee thereof who violates any other 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 unlau, Tul injury. destruction or remoxat of each protected tree shall be considered a separate incident and each incident subjects the ,,iolator to the maximum penalty set forth herein per tree. Removal of Public Trees:, It,shall be deemed a violation of this ordinance for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees v,'ithin the City without first procuring approval from the Landscape Administrator. 1 1.0 SEVERABILITY It is hereby declared to be thc 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 lhe 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 ordimmccs arc hereby repealed. L:lC!TYDOCS~ORD~FINAL~TREE~585 A.WPD Adopted December 16, 1997 Page 19 13.0 SAVINGS CLAUSE All rights and remedies of the City of Southlake are expressly saved as to any and all violations of thc pro'~isions of an.~ ordinances affecting thc regulations tbr installation of landscaping improvements which have accrued at the time of the effective date of this ordinance: and. as to suck accrued ~ iolations and all pending litigation, both cb, il and criminal, M~ether pending in court or not. under such ordinances, same shall not be att'ected by this ordinance but may be prosecuted until final disposition by the courts. 14.{) PUBLICA ['IONS CLAUSE The City Secretar?' o f 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) ~tays before the second reading of this ordinance, and if this ordinance pro,,ides I%r the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the Git>' Secreta~.' shall additionally publish this ordinance in the official City newspaper one time within ten (I0) days after passage of this ordinance, as required by section 3. l 3 of the Charter of the Cit.',' of Southlake. 15.() EFFECTIVE DATE Fhis ordinance shall be in fltll tbrce and effect from and after its passage and publication as required by law. and it is so ordained. 16.0 APPI,2NDICES 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. LxCITYDOCSkORDkFINALNTREEkSSS-A.WPD Adopted December 16, 1997 Page 20 PASSED AND APPROVED ON FIRST READING ON THIS SECOND DAY OF DECEMBER, 1997. PASSED AND APPROVED ON SECOND READING ON THIS SIXTEENTH DAY OF DECEMBER, 1997. o MAYOR APPROVED AS TO FORM .&ND LEGALITY: ATTEST: CITY SECRETARY City Attorney Date Adopted: Effecti,,e Date: LCiTYDOCSX~ORE~FINA%~TREE~585 A,WPD Adopted December 16, 1997 Page 21 APPENDIX A TREE SUMMARY (cdar klm Shumard Red Oak Texas Red Oak Live ()ak Bur Oak Black Jack Oak Lacebark Elm Chinese Pistache Sweetgum Chinquapin Oak Somhern Magnoliu Bald C> press Caddo Maple 1 exas HickoO Red Ceda~ OUALITY TREES Car,,a illinoensis 1 hnus crassitblia Quercus shumardii Quercus virginiana ()uercus stellata Quercus marilaudica Uhnus parvitblia Pistacia chinensis Liquidambar styraciflua Pinus nigra t.3uercus mublenbergii Magnolia grandiflora Taxodium distichum Acer barbatum 'Caddo' Car?a texana '-;apindus drummondii Juniperus virginiana Identification Notes Pecan fruit, compound leaves Deciduous. 1"-2" dark green leaves Deep pointed lobes in leaves Vertical multi-trunk shape i '5" dark green pointed leaves I_a~ ge acorm 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 Ywo needles Oblong 4'-6" serrated leaf Large evergreen Leaf, white flower Feather-like foliage. ~all color Five-lobed leaf Five leaflets. I"-2" nut 18" compound leal''. '5" clear fruit Native. p?ramidal shape Mcsqtnte :\merican Jim Slash Pine Japanese Black Pine Deodar Cedar MARGINAL TREES Botanical Name Populus deltoides Prosopis glandulosa Ulnms americana Pinus elliotti Gieditsia triacanthos Pinus thunbergii Cedrus deodara Identification Notes Deep fissures in bark, heart shape leaf Lacy open foliage, 10" bean fruit 'V' shaped main branching Tall c~lindrical shape Lacy l'bliage, thornless variew only ['~isted growth, dark green needles Large pyramidal evergreen Common Name Redbud Mexican Plum Possttmhax~ Holl~ Golden P, aintree Y nlpon I h)ll_~ (;herr} Iaurel P, lYer Birch Eves Necklace Persimmon Rust> Blackhaw ~kax N!~rHc UNDERSTORY TREES Botanical Name Cercis canadensis Prunis mexicana Ilex decidua Koelrutaria paniculata ilex vomitoria Prunus caroliniana Betula nigra Sophora affinis Diospyros virgininana Viburnum rufidulum Myrica ccriflma Identification Notes Purple/white flower in spring White flower, exfoliating bark,thorns Showy orange/red fruit, deciduous Yellow flower, panicled fruit Evergreen, light bark, red fruit Glossy evergreen tbliage, shrubby White flaky bark Dull green tear-dropped shape leaf Thin. smooth, pale grey bark Glossy. dark green leaved, white flowers Light olive-green leaves, pale blue be~ics I C TYDOCSkORD\,FINALITREE~Sa5 A.NPD Adopted December 16, 1997 Page 22 DIVEIOPMENTNAM[ '~lRfl I ,\DDR[SS APPENDIX B ( IFY OFSOI THI,AKE- TREE-REMOVAL PERMIT APPLICATION LOT: BLOCK: t'~WNER \i)D[?,ESS CONTRACTOR'BUILDER PHONE: I hereby certify that this application meets the requirements of the Tree Preservation Ordinance and further certify that all cnnstruction pertaining to this project shall meet the requirements of the Tree Preservation Ordinance. Signed: Title: Date: For Cit~ Use Only: I hereb? acknowledge receipt of this application and the application fee in the amount of $ __ on this Ibc __da} of , 19 __ Si~ned Title: GENERAL INFORMATION OnPlan Applic Appropriate title (i.e. 'lree Removal Pemfit Exhibit) Title block includes street address, lot and block, subdivision name Title inckldes City and date of preparation North arrow, graphic and written scale in close proximity Name, address and phone of owner Name. address and phone of person preparing the exhibit l.ocation of tree(s) to be removed is tied down with dimensions from two oearest 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: day of , 19 __ B',: Pirie: L:kCITYDOCSkORDkFiN~-L[TREE~SSS A.WPD Adopted December 16, 1997 Page 23 APPENDIX C CONSTRUCTION PLAN REQUIREMENTS Ibc folh)xdng shall be required as a part of all construction plans submitted to the City' ~d~en tree removal or tree protection is required duriug any phase of site work or construction. 1. A 'Free Preser'~ation Detail Sheet shall include the/bllo~,ing at a minimum. a. The requirements of section 6.2 - 6.4 shall be noted. b 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. c. Graphic tree exhibit showing the features of a tree to include the critical root zone, mink, canopy, drip line and method of caliper measurement (per Appendices D & E). d. Graphic exhibits showing methods of protection to include snow fences, boarded skirts, etc. e. Graphic exhibits showing construction methods to include grade changes, boring, trenching etc. f. Graphic exhibit sho~,ing appropriate pruning practices (per Appendix G). 2. All requirements of the Tree Preservation Ordinance shall be shown graphically on all applicable sheets within the construction plans. 3. Documents as required in Schedules A and B herein. Adopted December 16, 1997 Page 24 XPPENI)IX !) 1 Ri!E EXHIBIT CRITICAL ROOT ZONE (CP, Z/: I'he 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 x ertical line run through the outermost portion of the canopy of a tree and extending to the ground. L:~CZTYDOCSiORD,~FiNAL~TREEIS85~A.WPD Adopted December 16, 1997 Page 25 APPENDIX E MEASUREMENT METHODS ON A SLOPE IRREGULAR SW'ELUNG (Requires Discretion) MULTI-STEMMED TREE ~~ Line LEANING TREE S~urce: Diameter Measurement: The diameter of the protected tree shall be measured as shown. The diameter of a muhi-trunk tree shall be determined by adding the total diameter of the largest trunk to V: the diameter of each additional trunk. L:\CITYDOCSlORD\F[NAL\TREE',585 A.WPD Adopted December 16, 1997 Page 26 APPENDIX F EXAMPLE BUILDER SITE PLAN t, + 'IREE REMOVAL PERMIT REQUEST Prepared by Ox~ner: 2143 ()ak Street, Southlake - 4/18/93 Mr. Tree Saver 1913 Spruce Street Dallas, Tx. 70418 Ph: 214-240-2108 L:~CITYDOCS~ORD~FINAL~TREE~585-A.WPD Adopted December 16, 1997 Page 27 APPENDIX G TREE PRUNING RECOMMENDATIONS b branch I No Yes / When removing a branch, alway~ cut outside the branch bark ridge and collar. Do not make a flush Brand~es that do not have a dlstir~t collar should be cut at a right angle to the branch outside the branch bark ridge. \,/ \ 2 removo limb cut stub outside o~ collar lefL If a codomlnant stem mu~t b~ removed, cut at .an angle outside of the bark ridge as shown in the xr~ert at right. Avoid leaving any stub. When removing heavy limbs, [irst make an undercut ~everal inches outside o[ the collar. Th~n remove llmb by a second cut an inch or ~o outside of the first cut. Remove stub with a third cut Just outside of the collar. (Feucht, 1985) L:,CITYDOCSkORD~FINAL~TREE~585 A.WPD Adopted December 16, 1997 Page 28 APPENDIX H PREFERRED SURVEY NOMENCLATURE AND LEGEND (Page 1 of 2) i 2411 WALNUT TRAIL Lot 4R7RI, BLOCK 1 CEDAR ELM ESTATES L:\CITYDOCS~ORD~FINAL~,TREE~SSS-A.WPD Adopted December 16, 1997 Page 2 9 APPENDIX H PREFERRED SURVEY NOMENCLATURE AND LEGEND (Page 2 of 2) -TREE SURVEY SUMMARY- ~ DBH CONDITION I 23sI 7 3 3 16 4 I 3 3 Remove £o~ driveway : /6 I Mulberry I 10 4 Remove, Di~ased Condition Codes: I = Excellent, 2 = Good13 = Fair, 4 = Poor, 5 = Dead -STATEMENTS- POST SAK B~TLIBPMENT, INC. TREE SURVEY 2411 WALNUT TRAIL Lot 4R7R1, BLOCK I CEDAR ELM ESTATES THE CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS 1.00 ACRES 17 NOVEMBER 1997 L:X, CiT~OCSIORDkFINALkTREEX~585 A.WPD Adopted December 16, 1997 Page 30