Item 6DCI'T'Y OF�"�` �j I
.SOL J 1 H LAKE
MEMORANDUM
November 28, 2017
To: Shana Yelverton, City Manager
From: Ken Baker, AICP — Senior Director of Planning & Development Services
Subject: Ordinance 585-E, Amending the City of Southlake Tree Preservation
Ordinance and Technical Manual
Action
Requested: Conduct a public hearing and consider approval of the 2nd reading of
Ordinance No. 585-E, amending the City of Southlake Tree Preservation
Ordinance and Technical Manual.
Background
Information: The primary purpose for this amendment is to comply with The State of
Texas House Bill No. 7. On August 16, 2017, Governor Abbott signed
House Bill No. 7 into law, which takes effect on December 1, 2017. The
new law is 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.
The proposed amendment to the City's Tree Preservation Ordinance is
intended to address the areas that fall short of complying with the new
law.
Citizen Input/
Board Review: October 24, 2017, SPIN meeting;
A Public Hearing will be held by the City Council upon 2nd reading of this
item which is anticipated to be on December 5, 2017.
Legal Review: This item is under review by the City Attorney.
Ord. No. 585-E Page 1
City Council
Action:
Attachments:
November 7, 2017; Approved 1 st reading (7-0) on consent.
(A)
Redline Summary of Changes
(B)
Full Ordinance No. 585-E
(C)
Link to House Bill No. 7
(D)
Link to Presentation
Ord. No. 585-E Page 2
TTACHMENT "A"
4. DEFINITIONS
CALIPER: /lmoriGaR AQCI G'atiGR of N FseF imon standaFd for trURk mooc„romont of
RLAFSeFy steGk. Caliper ef the tFURk shall be taken GiX (6) inGhes above the gre ..d f-.
to feur (4) 1RGh GalipeF size and twelve (12) iRGhes abeve the ground feF IaFgeF GalipeF
sizes. (This term is being deleted because it is no longer used in the ordinance and has
become obsolete.)
5.3 EXEMPTIONS: Alteration of the following tree(s) shall be exempt from the provisions of
this Ordinance:
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 GWRer ,pies as a homestead shall be exempted from the
application of this Ordinance except that any lot or tract, or portion thereof, designated
as a tree preservation area, or tree designated as "protected" on a Tree Conservation
Plan approved after the effective date of this Ordinance shall not be exempted from the
provisions of this Ordinance.
f. A tree located on property which is zoned AG (Agricultural) and being actively used for
agricultural purposes or as a person's residence hem, 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 eWRer resideRGe that is used 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.
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
MiRiMUM ef thFee inGh (3") Galiper at 6 inGhes abeve greURd level, and seveR feet !R height at
least two inch (2") in diameter at the point on the trunk 4'/2 feet (DBH) 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 Administrative
Official may require 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 Official; or
Ord. No. 585-E Page 3
c. payment to the Reforestation Fund as provided by Section 9.7, below.
Ord. No. 585-E Page 4
ATTACHMENT "E"
ORDINANCE NO. 585-0
AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE
585-13, WHICH ESTABLISHES THE REGULATIONS FOR THE
PRESERVATION OF TREES; PROVIDING FOR THE PURPOSE AND INTENT;
PROVIDING FOR DEFINITIONS; REQUIRING A TREE PERMIT TO ALTER A
PROTECTED TREE; PROVIDING TREE PRESERVATION CRITERIA AND
REVIEW PROCESSES FOR TREE CONSERVATION ANALYSES, TREE
CONSERVATION PLANS, AND TREE PERMITS; AMENDING THE TREE
PROTECTION AND REPLACEMENT REQUIREMENTS; PROVIDING TREE
PLANTING AND TREE REMOVAL STANDARDS; PROVIDING FOR
ENFORCEMENT PROCEDURES AND CIVIL AND CRIMINAL PENALTIES
FOR VIOLATIONS; PROVIDING A PROCESS FOR APPEALS AND
VARIANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A CUMULATIVE CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas, is a home rule City acting under its charter adopted by
the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local
Government Code; and
WHEREAS, the Southlake City Council first adopted Ordinance 585 on June 15, 1993 with the
goal of preserving trees and subsequently amended Ordinance 585 on December 16, 1997, and January
4, 2000, revising regulations relating to the protection of trees; and
WHEREAS, the Southlake City Council has determined that it is appropriate and in the best
interest of the City to promote the public health, safety, and general welfare of its residents by amending
Ordinance No. 585-B as provided herein;
WHEREAS, the Southlake City Council has determined that amending Ordinance 585-B is
required to implement the Tree Protection recommendations of the City's Comprehensive Master Plan,
the Southlake 2025 Plan; and
WHEREAS, the City council has given published notice and held public hearings with respect to
the amendment of Ordinance 585-B as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE,TEXAS:
Ord. No. 585-E Page 5
Ordinance 585-B, Tree Preservation Ordinance of the City of Southlake is hereby amended to read as
follows:
1.0 TITLE
This Ordinance shall be known as the City of Southlake Tree Preservation Ordinance.
2.0 FINDINGS
The Southlake City Council finds that:
2.1 Trees transpire considerable amounts of water, produce oxygen, and absorb carbon -dioxide,
thus reducing air pollution;
2.2 Trees have an important role in improving water quality by neutralizing pollutants in ground
water run-off;
2.3 Trees, through their root systems, stabilize the ground water tables, and play an important
and effective part in soil conservation, erosion control, and flood control;
2.4 Trees are an invaluable physical and aesthetic asset to development and make cities more
comfortable by providing shade, cooling the air and land, and reducing noise levels and glare;
2.5 Trees provide critically needed habitat and food source for wildlife; and
2.6 For the reasons stated above, preservation of mature tree stands and environmentally
sensitive areas in conjunction with development has a significant impact on the desirability of
land and therefore adds value to the individual development and the increases the livability of
the City.
3.0 PURPOSE AND INTENT
The purpose of this Ordinance is to ensure environmentally sensitive site planning which furthers
the preservation of mature trees and natural areas; to protect trees during construction; to facilitate
site design and construction which contribute to the long term viability of existing trees; and to
control the removal of trees when necessary. It is the further purpose of this Ordinance to achieve
the following broader objectives:
3.1 Prohibit the clear -cutting of property;
3.2 Protect and increase the value of residential and commercial properties within the City;
3.3 Maintain and enhance a positive image for the attraction of new residences and business
enterprises to the City;
3.4 Protect healthy quality trees and promote the natural, ecological, environmental, and
aesthetic qualities of the City;
3.5 Implement the Environmental Resource Protection recommendations of the Southlake 2025
Plan; and
3.6 Maintain and enhance Southlake's identity as a Tree City USA.
4.0 DEFINITIONS
Ord. No. 585-E Page 6
GENERAL RULES: The following rules shall be applied in constructing, interpreting or otherwise
defining the terms hereof:
a. Words used in the present tense shall include the future, words used in the singular number
shall include the plural number and words used in the plural shall include the singular.
The word "shall" is mandatory and the word "may" is permissive.
C. The word "person" shall include any individual, firm, corporation, partnership, joint venture,
organization, or any other entity.
DEFINITIONS: Certain words or terms applicable to this Ordinance are defined as hereinafter
provided. Words and terms used in this Ordinance, but not defined in this Ordinance shall have the
meanings contained in the Zoning Ordinance, Landscape Ordinance or other ordinances of the
City. Words and terms defined in two ordinances shall be read in harmony unless there is an
irreconcilable conflict, in which case the definition contained in this Ordinance shall control.
ADMINISTRATIVE OFFICIAL: The department director appointed by the City Manager to
administer this Ordinance, or the department director's designee.
AGRICULTURAL USE: Any use on property zoned "AG -Agricultural" that is related to active
farming, livestock, or ranching, including using land as pasture or in the production of crops, or
horticultural products, the keeping of livestock, including but not limited to poultry and hoofed
animals such as cattle, horses, goats, and sheep, for commercial or noncommercial purposes, and
the construction and maintenance of agricultural accessory buildings.
ALTER; ALTERS; ALTERATION: Any act which causes or may reasonably be expected to cause a
tree to die, including but not limited to, any of the following: uprooting any portion of the tree's root
system; severing the main trunk of the tree; inflicting damage upon the tree's root system by
machinery, storage of materials, or the compaction of soil above the root system of a tree; changing
the natural grade of the critical root zone of a tree or uphill from the critical root zone of the tree so
as to divert the flow of water to or away from the critical root zone; applying herbicidal or other lethal
chemicals to the tree or any portion of the critical root zone of the tree; placement of impermeable
material over any portion of the critical root system of a tree; and trenching within the critical root
zone. A protected tree shall be considered to be altered if one or more of the following occurs:
more than twenty-five percent (25%) of the critical root zone is adversely affected, more than
twenty-five percent (25%) of its canopy is removed, or the tree is disfigured to the extent a
reasonable person would conclude the tree will not survive.
ALTERNATIVE TO A TREE SURVEY: A document that provides the location and details of trees
and contains the information set forth in Appendix A (attached to and fully incorporated into this
Ordinance), and which may be submitted in lieu of a tree survey where specifically allowed by this
Ordinance.
BUILDING PAD: The actual foundation area of a building and a reasonable area not to exceed six
(6) feet around the foundation necessary for construction and grade transitions.
BUILDING PERMIT: The official authorization by the City to allow any construction on any property
in the City that increases the impervious cover on the lot, tract, or portion of land.
Ord. No. 585-E Page 7
CERTIFICATE OF OCCUPANCY (CO): An official City acknowledgement that indicates
conformance with all applicable City regulations and authorizes the legal use and occupancy of the
premises for which it is issued.
CERTIFIED ARBORIST: A specialist in the care of individual trees, knowledgeable about the
needs of trees, and trained and equipped to provide proper care of trees, and certified by the
International Society of Arboriculture as a Certified Arborist.
CRITICAL ROOT ZONE: The area of undisturbed natural soil around a tree defined by a horizontal
circle drawn at grade with the center being the center of the trunk of the tree and a radius equal to
the distance from the trunk to the outermost portion of the drip line.
CUT/FILL: Areas where the natural ground level has been modified either through excavation (cut)
or fill.
DBH (DIAMETER AT BREAST HEIGHT): The diameter of a tree trunk, or, in the case of a multi -
trunk tree, the total of the diameter of the largest trunk and one half ('/2) of the diameter of each
additional trunk, measured at a height of 4'/2 feet above the ground.
DEVELOPMENT: Any construction activity for which a building permit or earth disturbance permit
is required under the ordinances of the City.
DEVELOPMENT REVIEW COMMITTEE (DRC): A committee comprised of City staff, including the
Administrative Official, charged with reviewing all development applications to ensure compliance
with all of the City's ordinances and regulations.
DRIP LINE: Whichever of the following encompasses the greatest area: (1) the irregular shape
formed around a tree by a series of vertical lines that run through the outermost portion of the
canopy of the tree and extend to the ground, or (2) a circular area with a radius of one-half ('/2) the
height of the tree extending outward from the centerpoint of the tree.
EARTH DISTURBANCE PERMIT: An official authorization by the City to allow any person to re -
grade, excavate, disturb, or store spoils on any property in the City as required by the City's
adopted Building Code.
EASEMENT: The authorization by a property owner for the use by another, and for a specified
purpose, of any designated part of such property. Easements may be temporary or permanent.
EASEMENT, CONSERVATION: A permanent deed restriction that limits development of property,
or a transfer of an interest in property to a public or non-profit entity approved by the City, duly
recorded in the deed records of the County and binding on all subsequent owners, and for the
purpose of protecting and preserving environmentally sensitive natural resources, in which the
landowner retains fee title to the property.
EASEMENT, PERMANENT: The permanent transfer by plat or written instrument of an interest in
property or authorization by a property owner for the use by another, for a specified limited purpose.
EASEMENT, TEMPORARY ACCESS: An easement granting a right of access to property that is
adjacent to a property being developed to provide temporary access for construction activities on
the property being developed. The easement is granted only for the period of the construction
activity.
EASEMENT, TEMPORARY CONSTRUCTION: An easement granting a right of use of property
that is adjacent to a property being developed to provide temporary access required for the
installation of required and approved utility lines and other infrastructure to serve the property being
developed. The easement is granted only for the period of the construction activity.
Ord. No. 585-E Page 8
EASEMENT, UTILITY OR DRAINAGE: An area designated on any plat or other instrument
approved by the City for the location of utility lines or facilities for the flow of stormwater.
ENVIRONMENTAL PRESERVE: A natural open space reserved for land that is under permanent
conservation, such as areas in the flood plain, woodlands to be preserved, creeks, water bodies,
steep grades, and other environmentally sensitive lands, and including land protected through
conservation easements.
ENVIRONMENTAL RESOURCE PROTECTION (ERP) RECOMMENDATIONS AND MAP:
Sections of the City's Parks, Recreation, and Open Space Plan, a component element of the
Southlake 2025 Plan that provides the policy guidance for the protection of key environmentally
sensitive resources in the City, and identifies priority areas for the protection of significant
environmentally sensitive areas in the City.
EXISTING TREE COVER: The sum total of the area that is located beneath the canopies of all
protected trees on the lot or tract on the date of development application, as measured by accepted
forestry practices.
FOOTPRINT: An area not to exceed six feet (6) in all directions around impervious surfaces as
designated on an approved Site Plan.
HEAVILY WOODED AREA: An area of continuous wooded vegetation where trees are at a density
of at least one protected tree per 325 square feet of land, where the branches and leaves form a
continuous canopy, and which consists of at least five (5) trees.
LANDSCAPE ARCHITECT: A person licensed to use the title of "landscape architect" in the State
of Texas in accordance with state law.
MULTIPLE TREE CLEARING: Alteration of one or more protected trees located on property zoned
AG Agricultural, in excess of the seven (7) protected trees that may be altered in each calendar
year in accordance with section 8.1.c.
MUNICIPAL/PUBLIC DOMAIN PROPERTY: Property owned by a governmental entity such as the
City, county, state, federal government, school district or other such entity, such as City Hall, public
parks, Corps of Engineers property, public rights of way ("R.O.W."), libraries, fire stations, and
water tower, water treatment and other public works facilities.
OWNER: Any person holding a legal or equitable interest in land, or a lessee, agent, employee, or
other person acting on behalf of such person.
PARKS, RECREATION, & OPEN SPACE MASTER PLAN: The component element of the
Southlake 2025 Plan that serves as the community's blue print for the City's future parks and open
space facilities.
PLANNING AND ZONING COMMISSION: A volunteer citizen body appointed by the City Council
which is authorized to make recommendations on the physical development of the City including
land use, zoning, and transportation issues.
PROTECTIVE FENCING: A physical and visual barrier installed around the critical root zone of a
protected tree as required by Section 9.8 of this Ordinance in order to prevent damage to the tree
and its root system.
REFORESTATION FUND: The fund established by the City for the purposes of implementing the
environmental resource protection goals of the Southlake 2025 Plan including:
Ord. No. 585-E Page 9
a. educating the public on the aesthetic and health benefits of conservation and environmental
preservation;
b. planting, maintaining, and managing trees and landscaping on public property in the City;
C. creating and expanding wooded property within the City;
d. purchase of conservation easements and/or environmental preserves; and
e. other similar purposes indicated in this Ordinance and as approved by City Council
REFORESTATION FUND ADMINISTRATOR: The person appointed by the City Manager to
administer the Reforestation Fund.
RIGHT-OF-WAY: (Abbreviated ROW) A strip of land, other than a drainage or utility easement,
occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission
line, oil or gas pipeline, water main, sanitary or storm sewer, or for another special use.
SELECTIVE THINNING: The process by which non-contiguous protected trees are identified and
removed within a heavily wooded area to provide the maximum benefit to the remaining protected
trees.
SOUTHLAKE 2025 PLAN: The City of Southlake's Comprehensive Master Plan, as amended, as
adopted by the City Council.
STREET TYPOLOGY MAP: The component of the City's adopted Mobility & Master Thoroughfare
Plan, a component element of the Southlake 2025 Plan, showing street typologies, which are
overlay designations to the functional classification system of the City's roadway network linking
street functionality with design priorities for all streets.
TREE: Any self-supporting woody perennial plant which will normally attain a trunk diameter of two
inches or more when measured at a point four and one-half feet above ground level and an overall
height of at least fifteen (15) feet at maturity.
TREE, DISEASED, INFECTED OR DAMAGED: A tree that is:
a. infected with a disease or a parasite making it reasonably likely that the tree will either die
within three (3) years or pose a significant threat of infecting other trees of the same or similar
species; or
damaged, in whole or part, to such an extent that either the tree is reasonably likely to die
within three (3) years; or
C. hazardous, in whole or part, to such an extent that it presents a significant danger to the
general public.
TREE, PARK: Trees in public parks and all areas owned by the City to which the public has access
as a park.
TREE, PROTECTED: Any tree that has a diameter at breast height of six (6) inches or greater.
TREE, STREET: A protected tree located within or directly adjacent to a public right-of-way.
TREE BOARD: A board appointed by the City Council to carry out specific duties and
responsibilities as set forth in Article 15 of this Ordinance. The Zoning Board of Adjustment shall
constitute the Tree Board unless the City Council appoints a different tree board.
Ord. No. 585-E Page 10
TREE CONSERVATION ANALYSIS: A preliminary analysis that shows the general site design
direction of the development including general placement of building pads, parking areas, and
infrastructure based on the environmental features of the property.
TREE CONSERVATION PLAN: A plan that illustrates, in detail, the impact of all proposed
development including the impact of buildings, parking areas, streets and all other infrastructure on
all environmental features of the site such as protected trees, natural creeks, ponds, steep grades,
and other critical resources.
TREE PERMIT: The official authorization by the City required to alter any protected tree not
exempted by this Ordinance.
TREE PRESERVATION AREA: An area identified on any plan approved by the City Council
denoting a significant tree stand(s) which is to be preserved during and after development of that
property.
TREE PROTECTION SIGN: A sign furnished by the City's building official which sign describes
prohibited conduct detrimental to trees.
TREE SURVEY: A plan drawing that provides legend details about the location and details of trees
and contains the information set forth in Appendix A (attached to and fully incorporated into this
ordinance), including but not limited to drawings by a licensed surveyor, a licensed architect, or, if
less than twenty (20) trees are involved, a person approved by the Administrative Official.
TREE TECHNICAL MANUAL: The manual that contains the text of this Ordinance and any graphic
depictions, tables, or other illustrative material created and approved by the Administrative Official
to illustrate the requirements of this Ordinance.
TREE TOPPING: The sever cutting back of branches to stubs larger than three inches in diameter
within the tree's canopy to such a degree so as to remove the normal canopy and disfigure the tree.
UTILITY: The service or product provided by a utility provider, including but not limited to, the
provision of gas, electric, water, waste water, drainage, storm water, telecommunications, cable, or
telephone service for users within the City.
UTILITY, CITY: The City of Southlake public works department or City employee or entity
employed on the behalf of the City providing a utility service.
UTILITY LINE: A conduit, channel, ditch, tube, duct, hose, wire, box, pipe, or similar conveyance
device through which a utility is transported, provided, or conveyed, excluding utility service lines.
Channels, ditches, creeks, detention/retention ponds, and other drainage improvements shall
constitute a utility line for purposes of this Ordinance only to the extent that such improvement is
required by the City or other public entity as an integral and necessary part of an approved
drainage plan, is located so as to avoid, to the greatest extent practical, altering protected trees,
and is approved by the Administrative Official.
Ponds, channels, creeks, or other bodies of water intended or created primarily for decorative,
scenic, or recreational purposes shall not constitute a "utility line" for purposes of this Ordinance,
unless such improvement is required by the City engineer or by ordinance, even if such areas may
serve some drainage purposes.
UTILITY SERVICE LINE: A conduit, channel, ditch, tube, duct, hose, wire, box, pipe, or similar
conveyance device through which a utility is transported, provided, or conveyed to a single lot or
tract, to the extent that the conveyance device is located on that lot or tract.
Ord. No. 585-E Page 11
UTILITY PROVIDER: A company or entity, or agent for a company or entity, including a
municipality that provides a utility service within the City.
5.0 TREE PERMIT REQUIRED
5.1 TREE PERMIT REQUIRED: Except as provided in Section 5.3, no person shall alter a
protected tree unless the alteration is authorized by a valid tree permit or Multiple Tree
Clearing permit.
5.2 OFFENSE: A person commits an offense if the person alters any protected tree without a
tree permit, unless the alteration is exempted by this ordinance. A person commits an
offense if the person alters any protected tree in violation of the terms of a tree permit.
5.3 EXEMPTIONS: Alteration of the following tree(s) shall be exempt from the provisions of this
Ordinance:
a. Any tree that endangers the public health, welfare, or safety such that immediate
alteration is required;
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 ^0es as a h^mostead 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.
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 OWRe''s residence that is used 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 person's residence.
6.0 TREE PERMIT: APPLICATION, STANDARDS FOR APPROVAL AND ISSUANCE
Ord. No. 585-E Page 12
6.1 TREE PERMIT APPLICATION — UNRELATED TO DEVELOPMENT: An application for a
Tree Permit that is unrelated to development shall include the following information:
a. The name, address and telephone number of those persons or entities who own the
property and those persons or entities seeking the permit;
b. The address, existing use, and zoning of the property;
C. A detailed written statement stating the reasons for the requested alteration including
citation to any relevant provision of this ordinance that may authorize the alteration and
including the following:
i. The amount of land to be disturbed, if any;
ii. The method and equipment to be used; and
iii. The dates the proposed alteration would take place;
d. A legible diagram or map indicating the following for the area reasonably likely to be
affected if the permit is issued:
i. Location of all existing structures, improvements, streets or rights-of-way, property
lines, setback and yard requirements.
ii. Location of all existing utility lines, utility service lines, and easements.
iii. The common and botanical name, size and location of all trees specifically
designated by number; and
d. Such additional information as the Administrative Official may reasonably require given
the particular characteristics of the property.
6.2 TREE PERMIT APPLICATION — RELATED TO DEVELOPMENT: An application for a Tree
Permit Application that is filed in conjunction with development shall include the following
information:
a. City approved Tree Conservation Analysis or Tree Conservation Plan (when required
by this Ordinance);
b. A tree survey clearly identifying whether each protected tree will be preserved after the
proposed improvements are made, will be altered, or may be preserved based upon
site specific conditions, including species and size;
C. Identification of Critical Environmental Features of the site:
i. All individually protected trees
ii. Existing streams, drainage creeks, ponds, and other water bodies (if any)
d. Detailed site plan of all proposed improvements with extent and location of proposed
improvements, including building pads, parking areas, driveways, streets, and utilities
(including storm water drainage facilities);
e. A tree protection plan identifying the required tree protection measures including
fencing and signage;
f. Clear delineation of construction related parking, storage, staging, and access areas
g. Limits of clearing, grading, and trenching;
Ord. No. 585-E Page 13
Approved grading and drainage plans;
Proposed landscaping, bufferyards, and/or replacement areas;
Any information required by Section 7.3 for a Tree Conservation Plan;
k. Any conditions placed on the approval of the Tree Conservation Plan;
The names, addresses and telephone numbers of those persons or entities who own
the property and those persons or entities seeking the permit; and
M. Such additional information as the Administrative Official may reasonably require given
the particular characteristics of the property.
6.3 FEES: The applicant shall submit, with an application for a tree permit, payment of a fee to
the City of Southlake in the amount specified by City Council in a fee schedule, with the
following exceptions:
a. When altering any protected tree, the City is exempt from the tree permit fee, but must
obtain a permit and comply with all tree replacement and tree protection procedures.
Protected trees proposed to be altered must be shown on construction plans approved
by the Administrative Official.
When altering any protected tree, a public utility is exempt from the tree permit fee, but
must obtain a permit and comply with all tree replacement and tree protection
procedures. Protected trees proposed to be altered must be shown on construction
plans approved by the Administrative Official.
6.4 AUTHORITY FOR REVIEW:
a. The Administrative Official shall be responsible for reviewing all requests for tree permits
submitted in accordance with the requirements specified herein.
The Administrative Official shall have no obligation to review an application for a tree
permit until all required information has been submitted and the applicable fee, if any,
has been paid. If any required information or fee has been omitted, the Administrative
Official shall notify the applicant of that fact.
6.5 STANDARDS FOR APPROVAL:
a. When a complete application is filed under section 6.1, the Administrative Official
shall grant a tree permit with regard to a particular protected tree if any of the
following is true:
(i) The tree must be altered in order to install or maintain a utility line or utility
service line;
(ii) The tree is located in a heavily wooded area and selective thinning is
necessary to increase the likelihood of survival of the remaining trees, and
will be carried out in accordance with standards promulgated by the
American National Standards Institute for use by the International Society of
Arboriculture;
(iii) The tree is located on property zoned Agricultural "AG" that is being actively
used for agricultural purposes, and the granting of the permit will not result in
Ord. No. 585-E Page 14
7.0
more than seven (7) protected trees being altered on the property in any
calendar year;
(iv) The tree is diseased, damaged, or hazardous;
(v) The tree, if left unaltered, is reasonably likely to impair the structural integrity
of existing structures or improvements;
(vi) The tree is required to be altered by federal, state or local law, including an
applicable regulation adopted by a federal, state, or local government
agency;
(vii) The tree must be altered to prevent significant risk of harm to the surrounding
area caused by vermin infestation; or
(viii) The tree must be altered to prevent a high risk of fire hazard as determined
by the Fire Marshal.
When a complete application is filed under section 6.2, the Administrative Official
shall grant a tree permit if all required tree protection and replacement procedures
have been followed and the application conforms to the Tree Conservation Plan
approved by the City Council. Where no Tree Conservation Plan is required, the tree
permit shall be granted if all required tree protection and replacement measures have
been followed and the application complies with the criteria established under
Section 7.2.
6.6 DEFERRAL TO CITY COUNCIL: If the application for a tree permit seeks to alter a tree
which is part of a Tree Conservation Plan approved by the City Council, the Administrative
Official may defer the approval of the tree permit to the City Council after a recommendation
from the Planning and Zoning Commission for any reason. In addition, if a request for a Tree
Permit does not meet any standards for approval under 6.5.a, the Administrative Official may
defer the approval of such a tree permit to City Council after a recommendation from the
Planning and Zoning Commission.
6.7 PERMIT EXPIRATION: A tree permit issued in connection with any other permit or plan shall
be valid for the period of that permit's or plan's validity. A tree permit not issued in
connection with any other permit or plan shall become void 180 days after the issue date on
the tree permit.
6.8 POSTING TREE PROTECTION & SIGN: Prior to issuance of a any building or tree permit,
the "tree protection sign", tree preservation instruction detail sheet and approved the tree
conservation plan shall posted be at each entrance to the subject property and at any other
location designated by the Administrative Official.
TREE CONSERVATION ANALYSES (TCA) AND TREE CONSERVATION PLANS (TCP)
7.1 REQUIREMENT: A Tree Conservation Analysis (TCA) and subsequently, a Tree
Conservation Plan (TCP) shall be required for any application for development described in
Table 1.0 subject to the following:
a. The Administrative Official may waive any requirement established by Section 7.3
where the application is a Plat Showing submitted for four (4) or fewer lots, if the scope
of the development makes the requirement either impractical or inapplicable to the
development.
Ord. No. 585-E Page 15
The Administrative Official may approve an alternative to a tree survey for heavily
wooded areas, and may require a tree survey for smaller, specific areas of the property
based upon the environmental sensitivity of the property being developed.
C. All proposed improvements shall be required to be shown only at the site plan stage, if
any, for all development. Preliminary plats shall show building setbacks and general
location of buildings and infrastructure.
d. A Tree Conservation Plan may be used to satisfy the requirements of a Tree
Conservation Analysis.
e. A Tree Conservation Analysis is acceptable for all Preliminary Plats that require a City
Council approved Site Plan for development. A Tree Conservation Plan shall be
required at Preliminary Plat for all development that does not require City Council
approval of a Site Plan.
Ord. No. 585-E Page 16
Table 1.0 — Tree Conservation Analysis and Tree Conservation Plan
by Activity Type
Type of Development
Requirement for
Criteria for Review
Application
Analysis or Conservation
60%
40.1%-60%
Plan
60.1%-80%
Concept or
Tree Conservation Analysis
Section 7.2
Development Plan
Site Plan
Tree Conservation Plan
Based on the approved Tree
Conservation Analysis or, if none, on
Section 7.2
Preliminary Plat
Tree Conservation Analysis
Based on the approved Concept,
and, if application is not
Development, or Site Plan, or, if
sought in conjunction with a
none, on Tree Conservation Analysis,
concept, development or site
or, if none, on Section 7.2
plan, a Tree Conservation
Plan is also required
Final Plat
Tree Conservation Plan
Based on conformity with the
approved Preliminary Plat
Plat Showing/Plat
Tree Conservation Plan
Section 7.2
Revision
Earth disturbance
Tree Permit Application
Based on the conformity with the
permit/Building permit
approved site plan (non-residential)
or preliminary plat (residential) or, if
none, on Section 7.2
7.2 STANDARDS FOR APPROVAL:
a. Except as provided by subsection 7.2.b., a Tree Conservation Analysis or Tree
Conservation Plan shall be approved if it will preserve existing tree cover in
accordance with the percentage requirements established by Table 2.0. If the
property has previously received a tree permit related to development, the percentage
of existing tree cover at the time the first such permit was issued shall be used to
calculate the minimum existing tree cover that must be preserved under this section.
Table 2.0 — Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on the
entire site
Minimum percentage of the existing
tree cover to be reserved*
0%-20%
70%
20.1 —40%
60%
40.1%-60%
50%
60.1%-80%
40%
80.1% -100%
1 30%
*The minimum percentage of existing tree cover to be preserved shall exclude any area in
public rights-of-way as approved by City Council.
For property sought to be zoned for the Downtown zoning district or a planned
development zoning district, including an S -P-1 Site Plan, S -P-2 Site Plan, Transition,
Rural Conservation, Planned Unit Development, or Employment Center zoning district,
the City Council shall consider the application for a Conservation Analysis or Plan in
conjunction with the corresponding development application (as established in Table
1.0). The Planning and Zoning Commission shall review the application and make a
Ord. No. 585-E Page 17
recommendation to the City Council regarding the application. The City Council shall
approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for
the:
i. placement of building pads, parking areas, driveways, streets, and utility
easements so as to maximize the preservation of environmental features of the
property including mature tree stands, natural creeks and ponds, and significant
grades;
ii. maximizes the preservation of tree cover preservation areas indicated on the
Environmental Resource Protection Map;
iii. maximizes the preservation of existing tree stands with the potential to buffer
residential areas from the noise, glare, and visual effects of nonresidential uses;
iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-
made drainage creek;
V. maximizes the preservation of existing protected trees along rural roadways and
other streets as identified and prioritized in the Street Typology designation; and
vi. mitigation of altered trees through proposed tree replacement procedures
pursuant to this Ordinance.
7.3 INFORMATION REQUIRED: A Tree Conservation Analysis and Tree Conservation Plan
shall include the following information:
a. Information required for Tree Conservation Analysis:
i. Identification of Critical Environmental Features of the site:
A. All grades over 5%
B. Existing streams, drainage creeks, ponds, and other water bodies (if any)
ii. Alternative to a Tree Survey
iii. Critical Root Zones of groups of trees
iv. Boundaries of any tree preservation areas as identified in the ERP Map
v. Identification of areas of environmental constraints not suitable for development
vi. Identification of areas of minimal environmental constraints that are suitable for
development
vii. Areas of encroachment into Critical Environmental Features areas identified on the
site
viii. Stream/Creek buffers, if any
ix. The names, addresses and telephone numbers of those persons or entities who
own the property and those persons or entities filing the application
x. Such additional information as the Administrative Official may reasonably require
given the particular characteristics of the property
Information required for Tree Conservation Plan:
i. Identification of Critical Environmental Features of the site:
A. All individually protected trees
B. Existing streams, drainage creeks, ponds, and other water bodies (if
any)
ii. Tree Survey or alternative to a tree survey
iii. 2 -foot contour map of the site
iv. Protected trees within the tree preservation area including tree size and type
v. Critical Root Zones of groups of trees
vi. Critical Root Zones for individual trees required for site plans only
vii. Boundaries of any tree preservation areas as identified in the ERP Map
Ord. No. 585-E Page 18
viii. Identification of areas of environmental constraints not suitable for development
ix. Identification of areas of minimal environmental constraints that are suitable for
development
x. Areas of encroachment into Critical Environmental Features identified on the site
xi. Clear delineation, for each protected tree, of whether the tree will be preserved
after the proposed development is constructed, altered due to proposed
improvements, or could potentially be saved based upon site specific conditions
xii. Stream/Creek buffers, if any
xiii. Detailed site plan of all proposed improvements. (All proposed improvements shall
be required to be shown only at the site plan stage for all development.
Preliminary plats shall, however, show building setbacks and general location of
buildings and infrastructure.)
xiv. Setbacks, building lines, and buffer yards
xv. The names, addresses and telephone numbers of those persons or entities who
own the property and those persons or entities filing the application
xvi. Such additional information as the Administrative Official may reasonably require
given the particular characteristics of the property.
7.4 ACTION ON TREE CONSERVATION ANALYSIS AND TREE CONSERVATION PLAN:
a. An application that requires the submittal of either a Tree Conservation Analysis or a
Tree Conservation Plan shall first be reviewed by the Development Review Committee
in conjunction with the accompanying development application.
b. The Administrative Official shall prepare a report that evaluates the extent to which the
proposed development is responsive to the Tree Preservation criteria outlined in
Section 7.2 to the Planning and Zoning Commission.
C. The Planning and Zoning Commission shall make a recommendation on the proposed
Tree Conservation Analysis or Tree Conservation Plan to the City Council. The City
Council shall approve the proposed Tree Conservation Analysis and Tree Conservation
Plan if it finds that it meets the criteria outlined in Section 7.2.
8.0 TREE REPLACEMENT AND TREE PROTECTION EXCEPTIONS AND APPLICABILITY
8.1 GENERALLY: For all trees that are authorized to be altered based on a duly approved Tree
Conservation Plan, tree protection and tree replacement procedures set forth in this
Ordinance shall be followed before a Tree Permit is granted, except as set forth below:
a. Tree Alteration for Public Utility Projects: All protected trees that the Administrative
Official determines must be altered in order to install utility lines within public rights-of-
way (R.O.W.) or within approved utility easements, including required drainage
easements, shall be exempt from the tree replacement and tree protection
requirements. Any protected trees within public R.O.W. or utility easements that the
Administrative Official determines do not have to be altered shall be subject to the tree
protection requirements but not to the tree replacement requirements.
Selective Thinning and Removal of Underbrush:
i. The Administrative Official may issue a tree permit authorizing the selective thinning
of certain protected trees from a heavily wooded area under Section 6.5.a.2 of
this Ordinance. If the Administrative Official issues a permit for selective
thinning, the protected trees covered by the permit shall be exempt from the tree
replacement and tree protection requirements.
The Administrative Official may issue a permit allowing the clearing and grubbing
Ord. No. 585-E Page 19
of brush located within or under the drip lines of protected trees subject to
reasonable conditions to insure the maximum protection of the trees. The permit
holder shall clear or grub by hand or with push -type mowers within such drip
lines, unless the use of dozers, loaders, or other moving equipment to clear or
grub is expressly permitted in writing by the Administrative Official prior to
performance of the work.
C. Limited Tree Alteration on "AG" Zoned Property: The Administrative Official shall, upon
request of the owner of property zoned Agricultural "AG" and being actively used for
agricultural purposes, issue a tree permit for the alteration of not more than seven (7)
protected trees per calendar year on such property. If the Administrative Official issues
such a permit, the protected trees covered by the permit shall be exempt from the tree
replacement and tree protection requirements. However, protected trees altered in
excess of seven (7) per calendar year are not exempted from the tree replacement and
tree protection requirements. An owner wishing to remove more than seven protected
trees in any calendar year shall apply for and obtain a tree permit or Multiple Tree
Clearing permit and comply with this Ordinance.
d. Multiple Tree Clearing on "AG" Zoned Property:
An owner seeking a permit for Multiple Tree Clearing from property zoned
Agricultural "AG" shall submit a request in writing to the Administrative Official,
along with a survey, map or diagram showing the area to be cleared and the
number, size and the location of protected trees in such area, a written statement
from the applicant describing the purpose and reason for the Multiple Tree
Clearing, such other information or documents as may be requested by the
Administrative Official, and the appropriate fee as provided in the fee schedule.
The Administrative Official shall refer such application to the Planning and Zoning
Commission for recommendations. The Administrative Official may make an on-
site inspection of the property to be cleared. After the Administrative Official and
the Planning and Zoning Commission complete their recommendations, the
application shall be submitted to the City Council for determination.
iii. The City Council shall grant the application and issue a permit if the Council
determines that the Multiple Tree Clearing is for a legitimate, agricultural use,
provided that if the land ceases to be used for agricultural purposes at any time
within five (5) years after the permit is obtained to remove the trees, the owner of
the land must comply with the tree replacement requirements. If the City Council
authorizes the issuance of such a permit, the protected trees covered by the
permit shall be exempt from the tree replacement and tree protection
requirements. The requirement to replace trees shall be binding upon the person
subject to such permit even if such person sells, assigns, or transfers the
property. If the City grants the application for Multiple Tree Clearing, the permit
shall be executed by the applicant and shall provide that in the event of a sale,
assignment or transfer of the subject property, the owner may either obtain the
consent of the person to whom the property was sold, assigned or transferred to
permit the replacement on such property, or may make payment to the
Reforestation Fund as provided in this Ordinance.
Alteration of Diseased, Damaged, or Hazardous Trees: If a tree permit is issued for
alteration of a diseased, damaged or hazardous protected tree, the owner shall be
exempt from the tree replacement and tree protection requirements for those trees
covered by the permit. If such a diseased, infected or hazardous tree is not altered by
the owner, the City may alter such a tree to reduce the chance of spreading the
disease or infection to nearby healthy trees or to protect the healthy, safety, and
Ord. No. 585-E Page 20
welfare of the general public.
8.2 APPLICABILITY:
a. All protected trees that must be altered to construct the required and permitted
improvements based on the City Council approved Tree Conservation Plan are
exempted from the tree replacement and protection requirements of this section. Such
improvements may include building pads, required parking areas, driveways, fire lanes,
streets, and required utility and drainage infrastructure that are required by City
ordinances and have been approved by the appropriate boards or officers of the City.
b. Any protected trees within a building footprint that the approved Tree Conservation Plan
determines do not have to be altered shall be subject to the tree protection
requirements contained in Section 9.8 of this Ordinance.
c. All other areas of the proposed development, including areas in utility easements and
areas designated for cut/fill for any purpose other than required drainage and
infrastructure improvements, shall be subject to both the tree protection and tree
replacement requirements of this Ordinance.
d. For residential development, the building pad may be constructed at the same time as
the installation of the infrastructure if it provides a greater benefit to the environment
and the grading plans have been approved for both the installation of the infrastructure
and the building pad. If the building pad or footprint of the building is modified from the
original plan, the owner shall be required to mitigate any trees previously removed if the
Administrative Official determines that the removal of the trees would not have been
required but for the modification.
e. Prior to the issuance of an earth disturbance permit for a single lot residential
development, the Administrative Official shall ensure that:
The proposed building and site plans meet the conditions of the City Council
approved Tree Conservation Plan; and
ii. Given the limitations of required setbacks, proposed building footprints, and
improvements, the applicant has limited the impact on all protected trees on the
site to the greatest extent possible.
8.3 TEMPORARY ACCESS AND CONSTRUCTION EASEMENTS:
a. A person commits an offense if the person owns real property and permits access
across the person's property or grants a temporary access or construction easement
across the owner's property if such right of access or easement intersects or comes
within ten (10) feet of the critical root zone of a protected tree.
It is a defense to prosecution for this offense that the Administrative Official determines
that an easement is the only reasonable means of access to the property being
developed. If so, the Administrative Official shall ensure that such an easement is of
minimal size and situated within a location designed to minimize tree damage and
impact on the natural environment while still providing a reasonable avenue of ingress
and egress for construction purposes to the adjoining property.
Ord. No. 585-E Page 21
9.0 TREE REPLACEMENT AND TREE PROTECTION STANDARDS
9.1 GENERALLY: If required by Section 8.1, 8.2, or 8.3, the following procedures shall apply to
any person who alters a protected tree for which a permit is required. If a person alters a
protected tree for which a permit is required, the person shall replace the protected tree with
an equivalent tree as designated in the Landscape Ordinance and approved by the
Administrative Official. This tree replacement requirement is not meant to supplant good site
planning. Tree replacement will be considered only after all design alternatives which could
save more existing trees have been evaluated and reasonably rejected.
9.2. SIZE AND NUMBER: A sufficient number of trees shall be planted to equal or exceed,
measured in DBH, the diameter of each tree altered. Each replacement tree shall be a
-n-mu.m. of three inGh " at
least two inch (2") in diameter at the point on the trunk 4 '/z feet (DBH) 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 Administrative
Q#iGia' may require 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;
replacement on public property as approved by the Administrative Official; or
C. payment to the Reforestation Fund as provided by Section 9.7, below.
9.4 RESPONSIBILITY FOR REPLACING PROTECTED TREE: The Administrative Official will
determine the time of replacement, and the location of the replacement trees and approve the
agent responsible for replacing a wrongfully altered protected tree. The requirement to
replace trees shall be binding upon the person subject to such order even if such person
sells, assigns, or transfers the property. In the event of such a sale, assignment or transfer of
property, the person subject to such order may either obtain the consent of the person to
whom the property was sold, assigned or transferred to permit the replacement on such
property, or may make payment to the Reforestation Fund as provided in this Ordinance.
9.5 TIME OF REPLACEMENT: Any replacement trees required to be planted must be planted
not later than ninety (90) days after the order of the Administrative Official, or within (30) thirty
days of the date any appeal from such order becomes final, provided, however, that the
Administrative Official may require the deferral of the planting of replacement trees up to an
additional one hundred eighty (180) days based on weather and other arboreal
considerations, and further provided that the Administrative Official may, upon request of the
person subject to the requirement approve delaying the planting of replacement trees up to
an additional one hundred eighty (180) days if the person subject to the order provides the
City with a surety bond in an amount equal to the cost of purchasing and planting such trees
or pay this amount into the Reforestation Fund within the earlier of the following: (1) within
one hundred eighty (180) days of the last date approved for such delayed planting, (2) the
date of issuance of the first certificate of occupancy on any portion of the subject property, or
(3) other date as agreed by the City Council in an approved Tree Conservation Plan. The
surety bond must be issued by a company licensed to do business in the State of Texas and
shall be authorized by and approved by the City Attorney.
Ord. No. 585-E Page 22
9.6 LONGEVITY AND DURATION: If a replacement tree dies within three years from the date it
was planted, the person subject to the requirement to plant the replacement tree must
replace the dead tree with another replacement tree within ninety (90) days of the order of the
Administrative Official ordering such replanting. This requirement to replace trees shall be
binding upon the person subject to such order even if such person sells, assigns, or transfers
the property. In the event of such a sale, assignment or transfer of property, the person
subject to such order may either obtain the consent of the person to whom the property was
sold, assigned or transferred to permit the replacement on such property, or may make
payment to the Reforestation Fund as provided in this Ordinance.
9.7 REFORESTATION FUND: A person required to comply with Section 9.1 and 9.4 may
request to make a payment to the Reforestation Fund or other specifically dedicated fund
approved by the City Council for such payments in accordance with the following
requirements:
a. The amount of the payment required in lieu of each replacement tree shall be the
average cost of a quality tree of similar size and type to the replacement tree which
would otherwise have been required by this Ordinance, plus the cost of planting such a
tree, as determined by the City Council and provided in a fee schedule published by the
City.
The funds shall be used only for purchasing and planting trees on private property
approved by the Administrative Official and the City Manager, on public property, for
acquiring wooded property, including Conservation Easements or Environmental
Preserves which shall remain in a naturalistic state in perpetuity, or for establishing a
landscape or wildlife preserve or similar nature area as approved by City Council.
C. The Reforestation Fund Administrator shall submit quarterly reports to the City Council
of the deposits and disbursements from the Reforestation Fund.
9.8 TREE PROTECTION PROCEDURES:
a
C.
Unless otherwise exempted by this Ordinance, the following procedures shall apply to
protect any protected tree for which a permit is required.
All persons submitting construction plans shall insure that such plans comply with the
requirements of this Ordinance.
The following activities are prohibited within the limits of the critical root zone of any
protected tree subject to the provisions of this Ordinance.
i. Material Storage: No storage or placement of materials intended for use in
construction or waste materials accumulated due to excavation or demolition shall
be placed within the limits of the critical root zone of any protected tree.
ii. Equipment Cleaning/Liquid Disposal: No equipment shall be cleaned or other
liquids, including, without limitation, paint, oil, solvents, asphalt, concrete, mortar or
similar materials deposited or allowed to flow into the critical root zone of a
protected tree.
iii. Tree Attachments: No signs, wires or other attachments, other than those of a
protective nature, shall be attached to any protected tree.
iv. Vehicular Traffic: No vehicular and/or construction equipment traffic or parking shall
take place within the critical root zone of any protected tree other than on existing
Ord. No. 585-E Page 23
street pavement. This restriction does not apply to single incident access within
the critical root zone for purposes of establishing the building pad and associated
lot grading, vehicular traffic necessary for routine utility maintenance, emergency
restoration of utility service, or routine mowing operations.
v. Grade Changes: No grade changes shall be allowed within the limits of the critical
root zone of any protected tree unless adequate protective construction methods
are approved in advance in writing by the Administrative Official.
vi. Impervious Paving: No paving with asphalt, concrete or other impervious materials
shall be placed within the limits of the critical root zone of a protected tree except
as otherwise allowed in this Ordinance.
d. No heavy equipment, including but not limited to trucks, tractors, trailers, bulldozers,
bobcat tractors, trenchers, compressors, and hoists, shall be allowed inside the drip -
line of any protected tree on any construction site without prior written approval of the
Administrative Official.
e. The following procedures shall be followed on all types of construction projects
(including residential, commercial, and municipal / public domain projects).
Protective Fencing: Prior to the issuance of any building or earth disturbance
permit, or commencing construction, the owner, contractor or subcontractor shall
construct and maintain, for each protected tree on a construction site, a
protective fencing which encircles the outer limits of the critical root zone of the
tree to protect it from construction activity or in cases of heavily wooded sites, as
approved by the Administrative Official.
All protective fencing shall be in place prior to commencement of any site work
and remain in place until all exterior construction activity at the site has been
completed.
iii. Protective fencing shall be at least four (4) feet high, clearly visible, and shall
have a tree protection sign affixed to the fence every twenty (20) feet in such a
manner to be clearly visible to workers on the site.
iv. The use of orange vinyl construction fencing or other similar fencing is generally
permitted only if there is no construction or vehicular activity within ten (10) feet
of the fence. If construction activity or vehicular traffic is expected within ten (10)
feet of the fence, the fence shall be constructed of chain link or other similar
metal, wooden material or semi-rigid vinyl tape fencing supported with a top
support wire or equivalent support material affixed to metal or wooden posts, all
of which shall be six (6) feet in height.
v.All protective fencing shall be supported at a maximum of ten (10) foot intervals by
approved methods sufficient enough to keep the fence upright and in place for
the duration of the construction.
vi. The owner shall cause the required fencing to be installed and maintained for the
duration of the construction.
vii. For permits involving trenching such as sewer services, irrigation systems or
underground electrical work, the applicant shall provide sufficient plans to provide
protection of the trees in the vicinity of the work.
Ord. No. 585-E Page 24
viii. The "tree protection sign" tree preservation instruction detail sheet and approved
tree conservation plan shall be posted at each entrance to the subject property
upon which one or more trees subject to the permit is situated, and at any other
location designated by the Administrative Official.
ix. All of the above conditions must be adhered to and inspected by a city inspector
prior to the issuance of any permits.
In situations where a protected tree remains in the immediate area of intended
construction and the Administrative Official determines the tree bark to be in danger of
damage by construction equipment or other activity, the contractor or subcontractor
shall protect the tree by enclosing the entire circumference of the tree trunk with two (2)
inches x four (4) inches lumber encircled with wire or other means that do not damage
the tree. The intent is to protect the bark of the tree against incidental contact by large
construction equipment. The contractors shall comply with the requirements of this
Ordinance regarding bark protection.
g. Construction Methods:
Boring: Boring of utilities under the critical root zone of a protected tree shall be
required in those circumstances where it is not possible to trench around the
critical root zone of the protected tree. When required, the bore shall be a
minimum depth of forty-eight (48) inches.
Grade Change: If the Administrative Official approves the grade change within
the critical root zone of a protected tree, the procedures noted in the City's
standard detail sheet shall be followed.
iii. Trenching: No trenching shall cross the critical root zone of any protected tree,
unless approved in writing by the Administrative Official or exempted from the
application of this Ordinance. Trenching within the critical root zone shall require
the issuance of a tree permit. The placement of underground utility lines is
encouraged to be located outside of the critical root zone of protected trees.
Irrigation system lines shall be placed outside of the critical root zone, except the
minimum number of single head supply lines required to irrigate within the critical
root zone which is allowed within the critical root zone. Any such irrigation line
shall be installed along a horizontal line that bisects the tree trunk, in the manner
that has the least possible encroachment into the critical root zone, and that
extends no further into the critical root zone as is necessary to provide proper
irrigation.
iv. Root Pruning: All roots two inches or larger in diameter which are exposed as a
result of trenching or other excavation shall be cut off square with a sharp
medium tooth saw and covered with pruning compound within two hours of initial
exposure.
10.0 PUBLIC TREES
10.1 The City shall be responsible for the administration of all trees and associated vegetation
located on all municipal / public domain property, including public street right-of-ways, City
owned parks and city owned properties.
10.2 It shall be the responsibility of the Administrative Official to develop, and administer a written
plan for care, preservation, pruning, planting, removal or disposition of trees and associated
vegetation on all municipal / public domain property.
Ord. No. 585-E Page 25
11.0 TREE PRUNING STANDARDS
11.1 PRUNING TECHNIQUE: All pruning shall be conducted in accordance with the most recent
Arboricultural Specifications and Standards of Practice of The International Society of
Arboriculture as published from time to time by the American National Standard for Tree Care
Operations (ANSI A300).
11.2 REQUIRED PRUNING: The owner of land abutting on any public street right-of-way shall be
required to provide reasonable and routine care of trees and vegetation in or adjacent to the
right-of-way, and shall promptly take action to remove all dead, diseased or hazardous trees,
or broken or decayed limbs which may constitute a threat or danger to the safety of the
public. Such owners shall maintain a minimum clearance of fourteen feet (14') above the
traveled pavement or curb of a public street or as approved by the Fire Marshal and a
clearance of eight feet (8') above the surface of a sidewalk.
11.3 GROUND LEVEL CUTS: Where protected tree removal is allowed by this Ordinance, but the
root system of the tree to be removed is intertwined with the root system of any protected tree
whose removal is prohibited by this Ordinance, the tree shall be removed by flush cutting with
the natural level of the surrounding ground. Where stump removal is also desired, stump
grinding shall be allowed or, upon written approval by the Administrative Official, a trench
may be cut between the two trees sufficient to cut the roots near the tree to be removed,
thereby allowing removal of the remaining stump with minimal damage to the root system of
the tree to be saved.
11.4 TREE TOPPING: It shall be unlawful for any person to top any tree without first obtaining a
Tree Permit, unless an exception listed in Section 5.3 of this Ordinance applies. If it is
determined that topping the tree is necessary because the tree has been severely damaged
by storms or other causes, or in a circumstance making other pruning practices impractical as
listed in Section 6.5 of this Ordinance, a permit allowing the topping of a tree may be issued.
However, tree replacement regulations may apply.
12.0 TREE PLANTING AND REMOVAL STANDARDS
12.1 ACCEPTABLE TREES: The list of trees acceptable for planting on public property or on
private property to meet tree replacement requirements is set forth in Appendix B (attached to
and fully incorporated into this Ordinance). Trees other than those listed as acceptable may
only be planted as replacement trees only upon written approval of the Administrative Official.
12.2 STREET TREE SPACING: Any person planting a street tree shall comply with the
requirements contained in this Ordinance, and the spacing of street trees from the nearest
intersecting curb shall be based upon the street typology designation.
12.3 STUMP REMOVALS: All stumps of street and park trees shall be removed below the surface
of the ground so that the top of the stump shall not project above the surface of the ground,
except that the City may maintain wilderness or naturalistic areas in which naturally occurring
stumps may be permitted to extend above ground level.
12.4 OFFENSE: A person commits an offense if the person:
a. plants any required replacement tree within an area such that the mature canopy of the
tree will interfere with existing or proposed overhead utility lines;
plants any required replacement tree or street tree within an area such that the mature
critical root zone of the tree will interfere with existing or proposed underground public
utility lines (including water lines, sewer lines, transmission lines or other utilities), or
Ord. No. 585-E Page 26
such that the installation and/or maintenance of such utility lines will, in reasonable
probability, require activity in the mature critical root zone of such tree;
C. plants a tree within an area such that the tree, when mature, can reasonably be
expected to block or interfere with a designated sight triangle area (either vertically or
horizontally), unless approved in writing in advance by the Administrative Official;
d. plants a tree within ten feet (10') of an existing or proposed fire hydrant unless approved
in writing by the Fire Department; or.
e. prunes, treats, removes, damages, or destroys any park tree unless the person has
been authorized by the City to do so. The City shall grant such authorization where the
tree must be affected in order to install or maintain a utility line or utility service line.
13.0 PENALTY FOR VIOLATION
13.1 CRIMINAL PENALTIES:
a. Any person who: (1) violates Article 5 of this Ordinance by altering a protected tree
without first obtaining a tree permit from the City, or by altering trees in violation of the
permit, or (2) violates Articles 8 or 9 of this Ordinance by failing to follow the tree
replacement procedures shall be guilty of a misdemeanor and upon conviction shall be
fined Two Hundred Dollars ($200.00) per diameter inch of the tree(s) altered, not to
exceed Two Thousand Dollars ($2,000.00) per violation. The unlawful alteration of
each protected tree shall be considered a separate incident and each incident subjects
the violator to the maximum penalty set forth herein for each tree. A person is
criminally responsible for a violation of this Ordinance if the person alters, or permits or
causes to be altered, a protected tree without complying with the requirements of this
Ordinance.
b. A person who violates any provision of Article 10 or 11 of this Ordinance shall be guilty of
a misdemeanor and upon conviction shall be fined an amount not to exceed Two
Thousand Dollars ($2,000.00).
13.2 CIVIL PENALTIES: Any person who: (1) violates Section 5.2 of this Ordinance by altering a
protected tree without first obtaining a tree permit from the City, or by altering a tree in
violation of the permit, and (2) violates Article 9 of this Ordinance by failing to follow the tree
replacement procedures, shall be assessed a civil penalty equal to Two Hundred Dollars
($200.00) per diameter inch of the tree(s) altered, not to exceed Two Thousand Dollars
($2,000.00) per incident. The alteration of each protected tree shall be considered a
separate incident and each incident subjects the violator to the maximum civil penalty set
forth herein for each tree. The civil penalties assessed shall not exceed two times the
amount of the payment the person would be required to make into the Restoration Fund or
other specifically dedicated fund as provided in Section 9.7.
13.3 PROCEDURES FOR ASSESSING CIVIL PENALTIES:
a. The Administrative Official shall calculate the amount of the civil penalties as provided
for in this Article. Before assessing any civil penalties as provided in this section, the
Administrative Official shall send written notice to the person who violated this
Ordinance by personal delivery or certified mail, return receipt requested. The notice
shall contain:
i. a statement of the violations of this Ordinance for which a civil penalty is being
sought;
Ord. No. 585-E Page 27
ii. if possible, a statement of the amount of the civil penalties to be assessed;
iii. a statement that the person may request an administrative hearing before the City
Manager to challenge the assessment of the civil penalty;
iv. a statement that if an administrative hearing is not timely requested as provided in
this section, or the trees replaced or payment made pursuant to Article 9, civil
penalties will be assessed.
b. A person may request an administrative hearing before the City Manager by filing a
request for a hearing with the City Manager within 15 days after the notice provided for
in subsection (a) is delivered. Within ten (10) days of the receipt of the request, the
City Manager shall set a time and place for a hearing on the appeal which shall be not
later than thirty (30) days from the date of receipt of the request.
C. Not less than 10 days prior to the date on which the administrative hearing is set, the
property owner shall be sent a notice of the hearing by personal delivery or certified
mail/return receipt requested. The notice shall contain the date, time and place of the
hearing and the information specified in subsections (a), (i) and (ii).
d. After giving the property owner an opportunity to be heard, the City Manager shall
weigh all evidence presented and determine whether to assess civil penalties. If civil
penalties are assessed, the City Manager shall sign a written order setting forth the
amount of the civil penalty. In determining the amount of the civil penalty, the City
Manager shall take into consideration the cost of replacement of protected trees.
e. A civil penalty under this section is final and binding and constitutes prima facie
evidence of the penalty in any suit. The City Secretary shall file with the district clerk
of the county in which the property is located, a certified copy of the order assessing
the civil penalty stating the amount of the penalty.
f. The City Attorney is authorized to file suit to enforce collection of a civil penalty
assessed under this Article.
14.0 ENFORCEMENT
14.1 DEVELOPER'S AGREEMENT: The City shall not approve a developer's agreement unless
the developer's agreement provides that all construction activities shall meet the
requirements of this Ordinance, including any conditions placed by City Council at the time of
approval of the Tree Conservation Analysis or Tree Conservation Plan.
14.2 BUILDING PERMIT: No building permit shall be issued unless the applicant signs an
application or permit request which states that all construction activities shall meet the
requirements of this Ordinance. The Building Official shall make available to the applicant
upon request:
a. a copy of the Tree Preservation Ordinance or a condensed summary of the relevant
aspects pertaining to the type of permit requested; and
tree protection sign(s) in such quantity as required by this Ordinance.
14.3 ACCEPTANCE OF IMPROVEMENTS AND ISSUANCE OF PERMITS: The City may refuse
to accept any public improvements or issue any permits or certificates relating to the subject
property until the applicant meets all requirements and pays all civil penalties and other
monetary obligations assessed for violations of this Ordinance, provided, however, that
acceptance of public improvements and issuance of permits may be authorized if, with the
Ord. No. 585-E Page 28
Administrative Official's approval, the person furnishes the City with a cash deposit or surety
bond in a sufficient amount to satisfy all civil penalties and monetary obligations assessed
and, if any obligation to plant replacement trees applies, to pay to the City the approximate
amount of the cost to replace the trees, as provided in the current schedule established by
the City. Neither the acceptance of public improvements nor the issuance of any permits or
certificates shall constitute a waiver of any violation, a compromise or satisfaction of any
fines, penalties, or other obligations, or otherwise prevent the City from enforcing the terms of
this Ordinance.
14.4 CERTIFICATE OF OCCUPANCY: No Certificate of Occupancy ("C.O.") shall be issued until
applicant meets all requirements and pays all civil penalties and other monetary obligations
assessed for violations of this Ordinance, provided, and until all replacement trees required to
be planted due to violations of this Ordinance by the applicant have been planted or
appropriate payments have been made to the Reforestation Fund; provided, however, that a
Certificate of Occupancy may be granted before all trees have been replaced if, with the
Administrative Official's approval, the person furnishes the City with a cash deposit or surety
bond in a sufficient amount to satisfy all civil penalties and monetary obligations assessed
and, if any obligation to plant replacement trees applies, to pay to the City the approximate
amount of the cost to replace the trees, as provided in the current schedule established by
the City.
14.5 ILLUSTRATIVE NATURE OF TREE TECHNICAL MANUAL: The illustrative portions of the
Tree Technical Manual are for informational purposes only, and to the extent of any conflict
between the terms of this Ordinance and other material in the manual, the terms of this
Ordinance shall control, and reliance upon any illustrative material shall not be a defense in
any action, whether civil or criminal, to enforce this Ordinance.
15.0 APPEALS AND VARIANCES
15.1 APPEALS:
a. A person affected by an interpretation or decision of the Administrative Official under
this Ordinance may appeal to the Tree Board. Such appeal must be received in
writing within ten (10) days after the interpretation or decision has been rendered in
writing and delivered to the property owner, or within ten (10) days of the postmark
date if the decision was sent in U.S. Mail to the property owner. The person shall file
the appeal with the Administrative Official and must describe the both the decision
being appealed and the specific grounds on which the appeal is based, including
references to relevant provisions in the ordinance on which such appeal is based.
The Administrative Official shall then schedule a hearing of the appeal at the next
available Tree Board meeting and transmit all the documents pertaining to the appeal
to the Tree Board at a reasonable time prior to the meeting. The Tree Board shall
hear the appeal to determine whether the decision of the Administrative Official was in
accordance with all the provisions of this Ordinance. The decision of the Tree Board
shall be final. No decision of the City Council can be appealed to the Tree Board.
C. If the Tree Board affirms the decision of the Administrative Official, the applicant shall
amend the approved concept, development, or site plan or plat to conform to the
requirements of this Ordinance within thirty days of the Board's decision. If the Tree
Board overturns the decision of the Administrative Official, the development
application or plat shall conform to the Board's decision.
15.2 VARIANCES:
Ord. No. 585-E Page 29
a. The City Council may authorize a variance to any provision of this Ordinance following
a recommendation from the Planning and Zoning Commission. A request for a
variance to any provision in this Ordinance shall be accompanied by a Tree
Conservation Analysis or Tree Conservation Plan as outlined in Article 6, or other
documentation requested by the Administrative Official, and the following factors shall
be considered in evaluating the variance request:
i. Whether a literal enforcement of the Ordinance will create an undue hardship or an
unreasonable practical difficulty on the applicant;
ii. Whether the situation causing the unnecessary hardship or practical difficulty is
unique to the affected property and is not self-imposed;
iii. Whether a reasonable accommodation or alternative solution can be made to
accomplish the desired activity without the alteration of the tree;
iv. Whether the variance will injure or be wholly compatible with the use and future
or existing development of adjacent properties;
v. Whether the increased development costs caused by preserving the tree create an
undue hardship on the development of the site;
vi. Whether there is any identified adverse effect of the alteration or preservation
on erosion, soil moisture retention, flow of surface water, and drainage systems;
vii. Whether there is any substantial impact to the buffering of residential areas from
the noise, glare, and visual effects of non-residential uses;
viii. The costs versus the benefits of relocating required utility service infrastructure
and easements based on preservation or alteration of protected trees;
ix. Whether the proposed tree replacement procedures adequately mitigate the
alteration of the tree;
x. Whether the alteration adversely affects the public health, safety or welfare; and
xi. Whether the granting of the variance will be in harmony with the spirit and
purpose of this Ordinance to the greatest degree reasonably possible.
A person requesting a variance from the provisions of this Ordinance shall do so in
writing to the Administrative Official. All variance requests shall be accompanied by a
completed application and non-refundable filing fee in the amount specified in the
current fee schedule adopted by City Council. In absence of such a fee schedule, the
filing fee shall be $250.
C. The Administrative Official shall then schedule a hearing of the variance at the next
available Planning and Zoning Commission meeting and transmit all the documents
pertaining to the appeal to the Planning and Zoning Commission at a reasonable time
prior to the meeting. The Planning and Zoning Commission shall hear the variance to
determine whether it should be granted or denied, and make a recommendation to the
City Council. After the Planning and Zoning Commission makes its recommendation,
the decision was in accordance with all the provisions of this Ordinance. The
Administrative Official shall then request that the City Manager schedule a hearing of
the variance at the next available City Council meeting and transmit all the documents
pertaining to the appeal to the City Council at a reasonable time prior to the meeting.
Ord. No. 585-E Page 30
The City Council shall hear the variance to determine whether it should be granted or
denied, and the decision of the City Council shall be final
16.0 SEVERABILITY
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,
paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same
would have been enacted by the City Council without the incorporation in this Ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or section.
17.0 CONFLICTING ORDINANCES
This Ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City;
and this Ordinance shall not operate to repeal or affect any of such other ordinances except insofar
as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in
which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby
repealed except as follows. Specifically, Section 3.4 of Ordinance No. 585-A, which provides that
all developments which have not submitted final construction plans as of December 17, 1997 shall
be subject to the requirements for tree protection and replacement specified in said Ordinance, is
saved from repeal, so that it will continue to apply to projects in construction. Further, the first
sentence in Section 3.5 c. of Ordinance No. 585-A, which provides that all builders who have not
submitted a request for a building permit as of December 17, 1997 are subject to the requirements
of the Ordinance, is hereby saved from repeal. Said sections shall continue in full force and effect
for such purpose. Further, the provisions of Ordinance No. 585-B shall continue to be effective and
applicable to those developments as described in and set forth in Section 20. Such provisions shall
continue in full force and effect for such purpose.
18.0 SAVINGS CLAUSE
All rights and remedies of the City of Southlake are expressly saved as to any and all violations of
the provisions of any ordinances affecting the regulations for the preservation of trees that have
accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this Ordinance but may be prosecuted until final
disposition by the courts.
19.0 PUBLICATION CLAUSE
The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or
its caption and penalty together with a notice setting out the time and place for a public hearing
thereon at least ten (10) days before the second reading of this Ordinance, and if this Ordinance
provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions,
then the City Secretary shall additionally publish this Ordinance in the official City newspaper one
time within ten (10) days after passage of this Ordinance, as required by section 3.13 of the Charter
of the City of Southlake.
20.0 EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained. A person who has applied for approval of a preliminary plat,
development plan, concept plan or site plan before the effective date of this Ordinance shall be
required to comply with the provisions of Ordinance No. 585-B and shall not be required to comply
with the requirements imposed by this Ordinance unless one of the following occurs:
Ord. No. 585-E Page 31
20.1 An application for preliminary plat approval for the project being developed was filed before
September 1, 2005 and expires without a final plat being approved on or before the second
anniversary of the date of approval of the preliminary plat; or if a final plat is approved on a
portion of the property, the remaining property included within the plat expires without a final
plat being approved on or before the first anniversary of the date of approval of a portion of
the preliminary plat;
20.2 The project being developed was initiated by a preliminary plat application filed on or after
September 1, 2005, but no progress has been made on the project before the second
anniversary of the date of the application. For purposes of this section, "progress" shall have
the meaning described in Tex. Local Gov't Code Sec. 245.005 (Vernon 2005); or
20.3 The project is abandoned or significantly altered such that it is a new project. For purposes
of this Ordinance, a project shall be deemed to be abandoned or altered in the event the
applicant files an application for approval of another permit for the property for which a project
is pending and the permit sought is for different uses or for a different configuration of the
property.
20.4 Should the conditions in any subsection set forth above be met, or should the applicant
request, the provisions of this Ordinance shall be controlling and shall apply to the applicant's
project.
Ord. No. 585-E Page 32
PASSED AND APPROVED on the 1st reading the 7th day of November, 2017.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _day of , 2017.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
Ord. No. 585-E Page 33
APPENDIX A
Requirements for Alternative to Tree Surveys and Tree Surveys
Requirement
Alternative to a
Tree Survey
Tree Survey
1. Appropriate title
Yes
Yes
2. Title Block with project name, address, lot and block number,
Yes
Yes
subdivision, city, and date of preparation
3. North arrow, graphic, and written scale no larger than 1" = 200'
Yes
Yes
4. Prepared by licensed surveyor, landscape architect, or other person
No
Yes
as approved by the Landscape Administrator
5. Name, address, contact information of the owner and the person
Yes
Yes
preparing the document
6. Location of all R -O -W lines, property lines, and easements (easement
Yes
Yes
locations required for tree surveys only)
7. Identification of areas with environmental constraints including tree
Yes
Yes
stands, creeks, steep grades (over 5%), view sheds, ponds,
wetlands, etc.
8. Aerial photography of the site showing existing tree canopy on the
Yes
No
site clearly
9. All individual trees shown on a plan tied by horizontal control (i.e.
No
Yes
dimensions from lot lines, or placed through coordinates determined
via a site survey
10. Tree preservation areas as identified by a Tree Conservation
Yes
Yes
Analysis or Tree Conservation Plan
11. All individual protected trees shown with the caliper size andspecies
No
Yes
12. All protected tree stands with average caliper sizes of trees and
Yes
No
species distribution
13. Location of all improvements proposed on the lot (buildings, parking
Yes
Yes
lots, pools, etc.
14. Areas of cut and fill, if any, on the site
No
Yes
15. Final grading and drainage plans
No
Yes
16. Status of all individual trees on the lot after proposed improvements
No
Yes
have been made (trees that protected, removed, or can possibly be
saved based upon sitespecific conditions
17. General status of tree stands on the lot after proposed improvements
Yes
No
have been made (trees that protected, removed, or can possibly be
saved based upon site specific conditions
18. Identification of existing vegetative buffers adjoining existing
Yes
Yes
development
19. Stream/creek buffers, if any
Yes
Yes
20. 2 -foot contours
Yes
No
21. 1 -foot contours for non-residential development only)
No
Yes
Required for site plans only.
Ord. No. 585-E Page 34
APPENDIX B
RECOMMENDED TREE PLANTING LIST
Common Name
Botanical Name
Pecan
Carya illinoensis
Cedar Elm
Ulmus crassifolia
Shumard Red Oak
Quercus shumardii
Texas Red Oak
Quercus texana
Live Oak
Quercus virginiana
Bur Oak
Quercus macrocarpa
Post Oak
Quercus stellata
Black Jack Oak
Quercus marilandica
Lacebark Elm
Ulmus parvifolia
Chinese Pistache
Pistacia chinensis
Sweetgum
Liquidambar styraciflua
Austrian Pine
Pinus nigra
Chinquapin Oak
Quercus muhlenbergii
Southern Magnolia
Magnolia grandiflora
Bald Cypress
Taxodium distichum
Caddo Maple
Acer barbatum 'Caddo'
Texas Hickory
Carya texana
Western Soapberry
Sapindus drummondii
Eastern Red Cedar
Juniperus virginiana
American Elm
Ulmus americana
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
Ord. No. 585-E Page 35