Item 6D PresentationITY OF
SOUTH�SLP
Ordinance No. 585-E, Amending The City of Southlake
Tree Preservation Ordinance and Technical Manual
g.House Bill No. 7
win
M
➢ Governor Abbott Signed House Bill No. 7 that generally:
■ Prohibits a municipality from requiring a mitigation fee for
trees removed from a property having a one or two family
dwelling that is the person's residence, if the tree is less
than 10 inches in diameter at 4.5 feet above ground
(DBH);
• Requires that mitigation be permitted with trees having a
minimum diameter of 2" (DBH);
■ Requires that tree replacement must be permitted to be on
the subject property at 100% for a person's residence,
50% residential development, construction or renovation
not for the person's residence, 40% for non-residential
development or on mutually agreed upon location.
Tree Preservation
Ordinance No. 585-E
➢ Proposed Amendment:
■ Delete an obsolete term "Caliper" from the definitions
section;
■ Add an exemption from mitigation for any tree having a
diameter of less than 10" (DBH) on property having an
existing one or two-family dwelling that is the person's
residence;
■ Set the minimum diameter for tree replacement to 2"
(DBH);
■ Clarify that the agent in charge of mitigation may choose
on-site, off-site or payment into the reforestation fund;
Tree Preservation
Ordinance No. 585-E
4. DEFINITIONS
(Deleted, term is no longer used.)
MIN
"Caliper"
Method of measure obsolete to current ordinance
�T�- - =�� ---
�� (DBH)ii" 1
Diameter at Breast Height is the current method Used
5.3
Tree Preservation M
Ordinance No. 585-E
_ s
EXEMPTIONS: Alteration of the following tree(s) shall be exempt from the provisions of this Ordinance:
111nsar-tion depicting exernpf and protected trees on
a. Any tree that endangers the public health, welfare, or safety such that immediate alteration is required; 4G conedpropemty The entire crilic -1 root cone of
the ¢tempt trees 11-11 5e irithin 150 feet -fthe
'M .. -1 structure oar the Por.
b. Any tree that has disrupted a public utility service due to a tornado, storm, accident, flood, or other act of nature, provided that alteration of such a
tree shall be limited to the portion of the tree reasonably necessary to reestablish and maintain reliable utility service;
c. A tree located on the property of a licensed plant or tree nursery which has trees planted and growing on the premises for the sale or intended sale
to the general public in the ordinary course of the nursery's business;
d. Any tree, other than a street tree, located on a lot or tract shown on an application or plan for development submitted after the effective date of this
Ordinance in any residentially zoned district, including but not limited to SF20, SF30, SF1, RE and the lots zoned for residential uses only in the
Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning and DT zoning districts, which is the person's residence
owner OGGUpies as a hernestead, shall be exempted from the application of this Ordinance except that any lot or tract, or portion thereof, designated
as a tree preservation area, or tree designated as "protected" on a Tree Conservation Plan approved after the effective date of this Ordinance shall
not be exempted from the provisions of this Ordinance.
e. Any lot shown on a plat application or plan for development submitted before the effective date of this Ordinance shall be subject to the provisions
of Ordinance 585-B unless the application or plat expires or the project is abandoned or significantly altered, in which event the lot shall be subject to
those provisions of this Ordinance which apply to the new project.
f. A tree located on property which is zoned AG (Agricultural) and being actively used for agricultural purposes or as a person's residence homestead
as long as the tree is located within a radius of 150 feet from the principal structure on the property or which is the person's residence the owner's
residence that is ed as a homestead
g. Any tree that is less than ten inch (10") DBH and is located on property that is an existing one -family or two-family dwelling that is the person's
residence.
Tree Preservation
Ordinance No. 585-E
9.2 SIZE AND NUMBER: A sufficient number of trees shall be planted to equal or exceed, measured in DBH, the diameter of
each tree altered. Each replacement tree shall be a minim,,,,, of throe innh (3") noliner of 6 inches abode ground leve aR d
seven feet in height at least two inch (2") in diameter at the point on the trunk 4'/2 feet above ground level when planted.
9.3. LOCATION: Each replacement tree should be planted on the same lot or tract as the tree which was altered. However, if
the replacement tree cannot be planted on the same lot or tract in accordance with universally accepted arboricultural
standards, the AdMiRistrative
Offinial may require lire agent charged with mitigating the alteration of a protected tree may
choose any or a combination of the following:
a. replacement on other private property within the City of Southlake, with the approval of the owners of both the property on
which the protected tree was altered and the property on which the replacement tree is to be planted. In such an instance,
the owner of the property on which the replacement tree is to be planted shall agree, in writing, to maintain the replacement
tree to the standards established in this Ordinance;
b. replacement on public property as approved by the Administrative Officiai; of
c. payment to the Reforestation Fund as provided by Section 9.7, below.
Tree Preservation
Ordinance No. 585-E
City Council approved the 1St reading (7-0) on consent November 7, 2017
CITY OF
SOUTH AKE