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Item 8ACity of Southlake Department of Planning MEMORANDUM December 28, 2005 TO: The Honorable Mayor and City Council FROM: Ken Baker, AICP, Planning Director SUBJECT: Amendment to city's Tree Preservation Ordinance (Proposed Ordinance 585 -C) REQUESTED ACTION: Conduct the first reading on proposed Ordinance 585 -C BACKGROUND: In an on -going effort to implement several of the recommendations of the Southlake 2025 Plan, city staff has been working on revising the city's Tree Preservation Ordinance to implement the Environmental Resource Protection recommendations of the Plan since August 2005. Specifically, the proposed changes are intended to better link the city's environmental policies as outlined in the Southlake 2025 Plan with its implementation through the Tree Preservation Ordinance. One of the most significant changes proposed with this revision is the requirement of a Tree Conservation Analysis and /or a Tree Conservation Plan to be submitted in conjunction with proposals for development. This would allow the decision makers (Planning and Zoning Commission and City Council) to evaluate the merits of a development proposal based upon the extent to which it accommodates and protects prioritized environmentally sensitive areas. Also included with this Tree Preservation Ordinance is a tree technical manual that is intended clarify, expound on, and illustrate pertinent sections of the ordinance and help users meet the requirements of the ordinance. The technical standards (illustrations and appendices) may be amended by staff periodically to reflect changing practices and arboricultural standards while the ordinance sets up the Council's overarching policies on Tree Preservation. Another significant change proposed with this ordinance is an increase in penalties for violation from $100 per diameter inch to $200 per diameter inch and from a maximum of $500 per incident to a maximum of $1,000 per incident. This increase in penalties is based upon a survey of penalties levied by adjoining communities in the Metroplex. A summary of this survey is also attached with this memo. Two meetings were held to gather feedback from developers and neighborhood groups alike. The first meeting was on November 16, 2005 with area developers and builders and the second meeting was a SPIN Open House and Public Forum on November 21, 2005. Many of the recommendations from the two public input meetings have been incorporated into this final draft of the ordinance. City Attorney's comments on the proposed amendments are still pending. Also attached with the ordinance and technical manual is a Visual Guide of Protected Trees in Southlake that is intended to help users identify and prioritize critical trees in Southlake. FINANCIAL CONSIDERATIONS: None LEGAL REVIEW: Pending CITY COUNCIL ACTION: None P &Z ACTION: December 8, 2005; Recommended approval (7 -0) of the proposed Ordinance 585 -C. ATTACHMENTS: 1. Comparison of Tree Preservation Ordinance penalties 2. Proposed Ordinance 585 -C 3. Ordinance and Technical Manual with all appendices. 2 Attachment 1 Comparison of Penalties for Tree Preservation Ordinance Violations Municipality Penaltv Additional Details Keller • Removing trees w/o permit: $250 per diameter inch of protected Fined upon conviction of trees removed or damaged. misdemeanor. • Violates any other provision: $500 per protected tree Hurst • $100 per diameter inch of trees removed or damaged. Fined upon conviction of • Each day violation or failure to comply occurs, a separate offense misdemeanor.. is committed. Flower Mound • $500 per violation. Fined upon conviction of • Each day violation or failure to comply occurs, a separate offense misdemeanor. is committed. Collevville •Not to exceed $2000 per offense. Fined upon conviction of misdemeanor. Coppell • Maximum fine allowed under law per offense. • Each tree removed constitutes a separate offense. McKiimey • Critically alters trees w/o permit or in violation of permit: $100 Fined upon conviction of per caliper inch of trees critically altered, not to exceed $500 per misdemeanor. incident. • Violates any other provision: Not to exceed $500 per incident. • Each tree altered constitutes a separate incident. North Richland • Not to exceed $500 per incident. Fined upon conviction of Hills • Each tree injured, destroyed, or removed is considered a separate misdemeanor. incident. • All violations are also required to meet the tree replacement requirements. Southlake • Altering protected tree w/o permit, in violation of permit, or Penalty assessed by (current) failing to follow tree replacement procedures: $100 per diameter Landscape Administrator. inch of trees altered AND • Altering protected tree w/o permit, in violation of permit, or Fined upon conviction of failing to follow tree replacement procedures: $100 per diameter misdemeanor. inch of trees altered, not to exceed $500 per incident (each tree altered = separate incident). • Violates any other provision: maximum of $500 per incident Fined upon conviction of (each tree altered = separate incident). misdemeanor. Southlake • Altering protected tree w/o permit, in violation of permit, or Penalty assessed by (proposed) failing to follow tree replacement and/or protection procedures: Landscape Administrator. $200 per diameter inch of trees altered AND • Altering protected tree w/o permit, in violation of permit, or Fined upon conviction of failing to follow tree replacement and/or protection procedures: misdemeanor. $200 per diameter inch of trees altered, not to exceed $1,000 per incident (each violation = separate incident). • Violates any other provision: maximum of $1000 per incident Fined upon conviction of (each violation = separate incident). misdemeanor. Attachment 2 ORDINANCE No. 585 -C AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING ORDINANCE 585 -B, WHICH ESTABLISHES THE REGULATIONS FOR THE PRESERVATION OF TREES; PROVIDING FOR THE PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING A TREE PRESERVATION POLICY; PROVIDING REVIEW PROCESSES THAT INCLUDE TREE CONSERVATION ANALYSES, TREE CONSERVATION PLANS, AND TREE PERMITS; PROVIDING A STAFF UPDATEABLE TREE TECHNICAL MANUAL TO ASSIST IN MEETING THE ORDINANCE REQUIREMENTS; PROVIDING FOR TREE PROTECTION AND REPLACEMENT REQUIREMENTS; PROVIDING TREE PRUNING, TREE PLANTING, AND TREE REMOVAL STANDARDS; PRVODING FOR ENFORCEMENT PROCEDURES AND PENALTIES FOR VIOLATIONS; PROVIDING A PROCESS FOR APPEALS AND VARIANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; 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 -C as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: 4 SECTION 1 Ordinance 585 -13, Tree Preservation Ordinance of the City of Southlake is hereby amended to read as follows: 1.0 TITLE This ordinance shall be known as the City of Southlake Tree Preservation Ordinance. 2.0 FINDINGS The Southlake City Council finds that: 2.1 Trees transpire considerable amounts of water, produce oxygen, and absorb carbon -di- oxide, 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; 2.6 For the reasons stated above, preservation of mature tree stands and environmentally sensitive areas in conjunction with development have 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. 3.6 Maintain and enhance Southlake's identity as a Tree City USA. 5 4.0 APPLICABILITY With the exception of the exemptions set forth in Section 7.3 of this ordinance, no tree shall be altered from any lands in Southlake without a permit. All applications for development shall include a Tree Conservation Analysis and /or Tree Conservation Plan based on Table 1 — Tree Conservation Analysis/Plan Requirements by Activity Type before obtaining a tree permit. 5.0 DEFINITIONS GENERAL RULES: The following rules shall be applied in constructing, interpreting or otherwise defining the terms hereof: a. Words used in the present tense shall include the future, words used in the singular number shall include the plural number and words used in the plural shall include the singular. b. The word "shall" is mandatory and the word "may" is permissive. C. The word "person" shall include any individual, firm, corporation, partnership, joint venture, organization, or any other entity. DEFINITIONS: Certain words or terms applicable to this Ordinance are defined as hereinafter provided. Words and terms used in this ordinance, but not defined in this ordinance shall have the meanings contained in the Zoning Ordinance, Landscape Ordinance or other ordinances of the City. Words and terms defined in two ordinances shall be read in harmony unless there is an irreconcilable conflict, in which case the definition contained in this ordinance shall control. ADMINISTRATIVE OFFICIAL The department head or his /her designee, as appointed by the City Manager, charged with the responsibility of administering this ordinance. AGRICULTURAL USE Any use that is related to active farming, livestock, or ranching including using land as pasture or in the production of crops, or horticultural products. Also for the purposes of this ordinance, the keeping of livestock for commercial or noncommercial purposes is defined as an agricultural use. Livestock includes but is not limited to poultry and hoofed animals such as cattle, horses, goats, and sheep. Also included in this definition of agricultural uses are agricultural accessory buildings. ALTER; ALTERS; ALTERATION: The uprooting, severing the main trunk ofthe tree, or any act which causes or may reasonably be expected to cause a tree to die. It includes, but is not limited to: damage inflicted upon the tree's root system by machinery, storage of materials, or the compaction of soil above the root system of a tree; a change in the natural grade above the root system of a tree; an application of herbicidal or other lethal chemicals; excessive pruning; placement of impermeable pavement over the root system of a tree; and trenching within the critical root zone. A protected tree shall be considered to be altered if more than 25% of the critical root zone is disturbed from its natural grade, or more than 25% of its canopy is removed, or the tree is disfigured to the extent a reasonable person would conclude the tree will not survive. 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. CALIPER American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be taken six (6) inches above the ground for up to four (4) inch caliper size and twelve (12) inches above the ground for larger caliper sizes. CERTIFICATE OF OCCUPANCY (CO) It is 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 Certified Arborist is a title given by the International Society of Arboriculture to experienced professionals who have passed an extensive examination covering all aspects of tree care. A Certified Arborist is a specialist in the care of individual trees. Certified Arborists are knowledgeable about the needs of trees, and are trained and equipped to provide proper care of trees. CLEAR - CUTTING The removal of all of the trees or a significant majority of the trees within an area of land. CRITICAL ROOT ZONE: The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost point of the tree's canopy or the drip line. CUT /FILL Areas where the natural ground level has been excavated (cut) or fill has been brought in. DBH (DIAMETER AT BREAST HEIGHT) A standard measure of tree size for existing trees, and is a tree trunk diameter measured at a height of 4 '/z feet above the ground. If a tree splits into multiple trunks below 4 '/z feet, then the trunk is measured at its most narrow point beneath the split. The diameter of a multi -trunk tree shall be determined by adding the total diameter of the largest trunk to �/z the diameter of each additional trunk. DRAINAGE FLOW The area uphill from a tree from which water drains or flows into the critical root zone of that tree. DEVELOPMENT REVIEW COMMITTEE (DRC) A committee comprised of city staff, including the Landscape Administrator, charged with reviewing all development proposals to ensure compliance with all of the city's development regulations. DRIP LINE Either (1) a vertical line run through the outermost portion of the canopy of a tree and extending to the ground, or (2) if the tree is damaged or deformed as a result of tree growth or other cause, a circular area with a radius of /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(s) to re- grade, excavate, disturb, or store spoils on any property in the city as required by the city's adopted Building Code. EASEMENT It is the authorization by a property owner for the use by another, and for specified purpose, of any designated part of such property. Easements may be temporary or permanent. EASEMENT, CONSERVATION A conservation easement is a voluntary and permanent, legally binding, deed restriction that limits development of property for the purpose of protecting and preserving a portion of Southlake's environmentally sensitive and natural resources, including agricultural and ranching areas. The landowner retains title to the property and the easement applies to all subsequent owners. The easement must be held by a qualifying party approved by the city. EASEMENT UTILITY OR DRAINAGE: Is an area designated on any plat or other instrument approved by the city for the location of utility lines or drainage improvements. EASEMENT, PERMANENT It is the authorization by a property owner for the use by another, and for specified purpose, of any designated part of such property by an approved plat that can only be changed through another official plat. EASEMENT. TEMPORARY ACCESS An access granted on a 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 access granted on a 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. ENVIRONMENTAL PRESERVE An environmental preserve is natural open space reserved for land that is under permanent conservation. It consists of areas in the flood plain, woodlands to be preserved, creeks, water bodies, steep grades, and other environmentally sensitive lands. Activities in the environmental preserve shall be limited to natural trails, paths, and equestrian trails. If significant lake access is available, canoe put -ins or other passive water recreation activities may be permitted. The size of an environmental preserve may vary depending upon the environmental element being preserved. Environmental preserves may be protected through conservation easements. ENVIRONMENTAL RESOURCE PROTECTION (ERP) RECOMMENDATIONS AND MAP The ERP recommendations and map are critical adopted sections of the city's Parks, Recreation, and Open Space Plan, a component element of the Southlake 2025 Plan. The ERP recommendations provide the policy guidance for the protection of key environmentally sensitive resources in the city. The ERP map identifies priority areas for the protection of significant environmentally sensitive areas where appropriate in the city. FOOTPRINT A reasonable area not to exceed six feet (6') around all impervious surfaces as designated on an approved Site Plan. 9 GRADING PERMIT Same as Earth Disturbance Permit LAND DISTURBANCE PERMIT Same as Earth Disturbance Permit LANDSCAPE ADMINISTRATOR The person appointed by the City Manager or Administrative Official to serve as the person to administer plans and City ordinances related to tree preservation and landscape and /or the person's designated representative. LANDSCAPE ARCHITECT A person licensed to use the title of "landscape architect" in the State of Texas in accordance with state law. MUNICIPAL/PUBLIC DOMAIN PROPERTY Property owned by a governmental entity such as the city, county, state, federal government, school district or other such entity. Examples of this include City Hall, public parks, Corps of Engineers property, State of Texas R.O.W., libraries, fire stations, water tower sites or similar properties. OWNER Any person with a financial interest in land, or a lessee, agent, employee, or other person acting on behalf of the Owner. PARKS, RECREATION, & OPEN SPACE MASTER PLAN The Parks, Recreation, and Open Space Master Plan is a component element of the Southlake 2025 Plan, the city's Comprehensive Master Plan. The Parks, Recreation, and Open Space Master Plan, as amended, 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 as an advisory body to it and which is authorized to make recommendations on the physical development of the city including land use, zoning, transportation, etc. PROTECTIVE FENCING A physical and visual barrier installed around the critical root zone of a protected trees as required by Section 8.7 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 the following: o Educating the public on the aesthetic and health benefits of conservation and environmental preservation; o Planting, maintaining, and managing trees and landscaping on public property in the city; o Creating and expanding wooded property within the city; o Purchase of conservation easements and /or environmental preserves; and o 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 as approved by City Council. SOUTHLAKE 2025 PLAN It is the City of Southlake's Comprehensive Master Plan, as amended, consisting of multiple elements, as adopted by the City Council. STREET TYPOLOGY MAP The street typology map is a critical component of the city's adopted Mobility & Master Thoroughfare Plan, a component element of the Southlake 2025 Plan. Street typologies are overlay designations to the functional classification system of the city's roadway network and they link street functionality with design priorities for all street types. TREE Any self - supporting woody perennial plant which will attain a trunk diameter of two inches or more when measured at a point four and one -half feet above ground level and normally an overall height of at least fifteen (15) feet at maturity, usually with one main stem or trunk and many branches. A tree may appear to have several stems or trunks as in several varieties of oaks. TREE BOARD A board appointed by the City Council to carry out specific duties and responsibilities as set forth in Section 13.0 of this Ordinance. The Zoning Board of Adjustment shall constitute the Tree Board unless the City Council appoints a separate tree board. TREE, CANOPY OR SHADE Is an evergreen or deciduous tree which when mature is large (typically more than 25') and has a significant tree canopy that provides shade and other benefits. 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 natural 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 natural features of the site such as protected trees, natural creeks, ponds, steep grades, and other critical resources. TREE, DISEASED, INFECTED OR DAMAGED A tree found by the Landscape Administrator to be any of the following: 1. infected with a disease or a parasite making it reasonably likely that the tree will either die within three years or pose a significant threat of infecting other trees of the same or similar species; or 2. damaged, in whole or part, to such an extent that either the tree is reasonably likely to die within three years ; or 3. hazardous, in whole or part, to such an extent that it presents a significant danger to the general public. TREE. PARK: Trees, shrubs, and all other woody vegetation in public parks and all areas owned by the City to which the public has free access as a park. TREE PERMIT It is the official authorization by the city to alter any protected tree not exempted by any section of this ordinance. 10 TREE PRESERVATION AREA It is an area identified on any approved plan to denote a significant protected tree stand(s) to remain undisturbed by development of that property. TREE. PROTECTED A protected tree is any tree (canopy or understory /accent) which the City has determined typically has significant positive characteristics worthy of preservation when possible as part of an approved Tree Conservation Plan. TREE PROTECTION SIGN A sign furnished to a person by the City's building official upon approval of a tree survey or tree permit which describes prohibited conduct detrimental to trees. TREE, STREET Trees, shrubs, and all other woody vegetation on property located within or adjacent to all public and private rights -of -way or access easements within the City. TREE SURVEY A plan drawing that provides legend details about the location and details of trees and contains the information set forth in the Tree Technical Manual. It shall include drawings by a licensed surveyor, a licensed architect, or, if few trees are involved, a person approved by the Landscape Administrator (See Appendix B). TREE TECHNICAL MANUAL It is the illustrative portion of this document (including all Appendices) that provides the technical standards as established by the Landscape Administrator to meet the requirements of this ordinance. The technical requirements may be amended based upon the best industry practices for tree preservation and arboriculture. TREE TOPPING It is the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree. TREE, UNDERSTORY OR ACCENT A tree which the City has determined has significant positive characteristics worthy of preservation and that does not typically attain great size. 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. Channels, ditches, creeks, detention/retention ponds, or other bodies of water shall constitute a utility line for purposes of this ordinance only to the extent that such area is required by the city or other public entity as an integral and necessary part of an approved drainage plan. For purposes of this ordinance, the area deemed a "utility line" shall be the area designated and required as a drainage element by the city engineer or by ordinance and which is approved by the Landscape Administrator. Ponds, channels, creeks, or other bodies of water intended or created primarily for decorative, scenic, or recreational purposes shall not be considered as "utility lines" for 11 purposes of this ordinance, if such areas are not required by the city engineer or by ordinance, even if such areas may serve some drainage purposes. UTILITY PROVIDER A company or entity, or agent for a company or entity, including a municipality that provides a utility service within the City. 6.0 TREE PRESERVATION POLICY GENERALLY: The city of Southlake places a high priority on tree preservation while providing flexibility in site design on environmentally sensitive properties. Aside from their aesthetic value, trees improve air quality, protect water, reduce energy consumption, reduce surface temperatures, and increase property values. A Tree Conservation Plan shall be required for all development applications as established under Section 7.0. The following criteria shall form the basis to evaluate all Tree Conservation Plans proposed in conjunction with development: a. The extent to which the placement of building pads, parking areas, driveways, streets, and utility easements is sensitive to the natural features of the property including mature tree stands, natural creeks and ponds, significant grades, and view sheds. b. The extent to which priority areas for tree cover preservation have been accommodated based on the Environmental Resource Protection Map; c. The extent to which existing tree stands have the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; d. The minimal extent to which existing trees, if any, adjoining a natural or man -made drainage creek are going to be impacted based on the proposed development; and e. The extent to which existing quality trees are to be preserved along rural roadways and other streets as identified and prioritized in the Street Typology designation; and f. The extent to which proposed tree replacement procedures pursuant to this Ordinance adequately mitigate the alteration of any trees. 7.0 TREE CONSERVATION ANALYSIS (TCA), TREE CONSERVATION PLANS (TCP), AND TREE PERMITS. 7.1 Tree Conservation Analyses (TCA) and subsequent Tree Conservation Plans (TCP) shall be required at the time when any development is proposed in the City of Southlake (see Table 1.0). A Tree Conservation Analysis/Plan shall adequately demonstrate a development's adaptation to the natural environment by illustrating the extent to which it meets the city's Tree Preservation Policy under Section 6.0. A Tree Conservation Plan may be used to fulfill the requirements of a Tree Conservation Analysis. 12 Table 1.0 — Tree Conservation Analysis and Tree Conservation Plan by Activity Type T o Activity T o Application Criteria fior Review Concept or Tree Conservation Analysis Section 6.0; Development Plan or Preliminary Plat* Site Plan Tree Conservation Plan Based on the approved Tree Conservation Analysis or on Section 6.0 Preliminary Plat* Tree Conservation Plan Based on the approved Tree required only if preliminary Conservation Analysis or Concept, plat is not in conjunction with Development, or Site Plan; or on a concept, development, or Section 6.0 site plan for all proposed development Final Plat Tree Conservation Plan Based on the approved Preliminary Plat Plat Showing/Plat Tree Conservation Plan Section 6.0 Revision Earth disturbance Tree Permit Application Based on the approved site plan (non- permit/Building permit residential) or preliminary plat ( residential) or Section 6.0 * TCA is acceptable for all Preliminary Plats that require a City Council approved Site Plan for development. TCP shall be required at Preliminary Plat for all development that does not require City Council approval of a Site Plan. a. Limited Exemptions: Properties that have a City Council approved Concept/Development /Site Plan or preliminary plat before the date of adoption of this ordinance shall be exempt from the Tree Conservation Analysis and Tree Conservation Plan requirement. However, they are still subject to all other provisions of this ordinance. b. Tree Conservation Analysis and Tree Conservation Plan Requirements: All Tree Conservation Analyses, Tree Conservation Plans, and Tree Permits shall provide information as listed in Table 2.0 below: c. Action on the Tree Conservation Analysis and Tree Conservation Plan: All development applications that require 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. The Landscape Administrator shall evaluate the proposed development based on the City adopted Tree Policy in Section 6.0. The Landscape Administrator shall prepare a report that evaluates the extent to which the proposed development is responsive to the Tree Policy outlined in Section 6.0 to the Planning & Zoning Commission. The Planning & Zoning Commission shall make a recommendation on the proposed Tree Conservation Analysis or Tree Conservation Plan to the City Council. The City Council shall make the final determination on the applicant's proposed Tree Conservation Analysis and Tree Conservation Plan. 13 Table 2 0 Informational Requirements for all permits and applications *. Requirement Tree Conservation Analysis (TCA) Tree Conservation Plan TCP Tree Permits 1. Identification of Critical Enviromnental Features of the site • All protected tree stands Yes Yes Yes • All individually protected trees No Yes Yes • All grades over 5% Yes No No • Existing streams, drainage creeks, ponds, and other water bodies (if an) Yes Yes Yes • View sheds Yes Yes 2. Tree survey No Yes ♦ Yes 3. 2 -foot contour map of the site No Yes Yes 4. Alternative to a Tree Survey§ Yes Yes ♦ No 5. Protected trees within the tree preservation area including tree size and type No Yes Yes 6. Critical Root Zones of groups of trees Yes Yes No 7. Critical Root Zones of individual trees No Yes (for site plans) No (for preliminary Tats) Yes 8. Boundaries of any tree preservation areas as identified in the ERP Ma Yes Yes No 9. Identification of areas of environmental constraints not suitable for development Yes Yes No 10. Identification of areas of minimal environmental constraints that are suitable for development Yes Yes No 11. Areas of encroachment into environmentally sensitive areas identified on the site Yes Yes Yes 12. Stream/Creek buffers, if any Yes Yes Yes 13. Detailed site plan of all proposed improvements No Yes# Yes 14. Setbacks, building lines, buffer yards No Yes Yes 15. Clear delineation of the status* of all protected trees after the proposed development is constructed No Yes Yes 16. Preliminary grading, clearing, and trenching p lans No Yes No 17. Final grading plans No No Yes 18. Required tree protection plan measures No Yes Yes 19. Replanting/reforestation areas, if any No Yes Yes # The Administrative Official may waive any requirement if the scope of the project makes such a requirement either impractical or does not impact the decision making on the project. § See Appendices A & B for acceptable alternatives to the Tree Survey. ♦ An alternative to the tree survey may be used in heavily wooded areas, however, a detailed tree survey may be required for smaller, specific areas based upon the environmental sensitivity of theproperty being developed. #All proposed improvements shall be required to be shown only at the site plan stage for all development. Preliminary plats shall show building setbacks and general location of buildings and infrastructure. * Status of the protected trees shall be based upon trees that are to be preserved, trees to be altered due to proposed improvements, and trees that could potentially be saved based on site specific conditions. 14 7.2 TREE PERMIT APPLICATIONS: a. A tree permit is an official authorization which shall be issued by the city at the same time as an earth disturbance permit and /or a building permit. A tree permit shall be required in the city of Southlake before altering any tree that is not exempted under Section 7.3 of this ordinance. For all development requiring the submittal of a Tree Conservation Plan (under Section 7. 1), a City Council approved Tree Conservation Plan shall be required before a Tree Permit is issued. A Tree Permit Application shall meet the standards of a duly approved Tree Conservation Plan and shall include the following documentation in addition to the information requirements of Table 2.0: o City approved Tree Conservation Plan (when applicable); o A tree survey clearly identifying the status of all trees after the proposed improvements are made (protected trees, altered trees, and trees that can be saved based upon site specific conditions); o Extent of proposed improvements, including building pads, parking areas, driveways, streets, and utilities (including storm water drainage facilities); o A tree protection plan identifying the required tree protection measures including fencing and signage; o Limits of clearing, grading, and trenching; o Approved drainage plans; o Proposed landscaping, bufferyards, and /or replacement areas; and o Any conditions placed on the approval of the Tree Conservation Plan. b. Fees: A person shall submit, with the 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: CITY: 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 Landscape Administrator. PUBLIC UTILITIES: 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 Landscape Administrator. c. 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 perinit not issued in connection with any other permit or plan shall become void 180 days after the issue date on the tree permit. d. POSTING TREE PROTECTION SIGN: After the tree permit is issued, the permit holder shall post a "tree protection sign" at each entrance to the property 15 upon which one or more trees is situated, and at any other location designated by the Landscape Administrator. e. AUTHORITY FOR REVIEW: The Landscape Administrator shall be responsible for reviewing all requests for tree permits submitted in accordance with the requirements specified herein. f. ACTION ON PERMIT APPLICATION: The Landscape Administrator or the Tree Board shall grant a tree permit based on a City Council approved Tree Conservation Plan (when applicable) or based on the criteria established under Section 6.0. g. DEFERRAL OR APPEAL TO TREE BOARD: If the application for a tree permit is not in conjunction with a development application, the Landscape Administrator /Administrative Official may defer the approval of a tree permit to the Tree Board for any reason. A person aggrieved by a decision of the Landscape Administrator /Administrative Official may appeal the decision to the Tree Board. The decision of the Tree Board shall be final. 7.3 EXEMPTIONS The following tree(s) shall be exempt from all the provisions of this ordinance: a. Any tree that endangers the public health, welfare, or safety and 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. Alteration of such a tree shall be limited to the portion of the tree reasonably necessary to reestablish and maintain reliable utility service. c. The tree is 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. The tree is located on any residentially zoned property including SF20, SF30, SF 1, R -PUD, RCS, TZD, DT, or RE on which there is a residence used as a home. However, prior to occupation as a residence, all residentially zoned lots shall be subject to the requirements of Section 8.2 of this Ordinance for all new construction. In addition, all areas designated as tree preservation areas in residentially zoned property and approved as a part of a Tree Conservation Plan shall not be exempt from the provisions of this ordinance. e. The tree is located on property which is zoned AG and being actively used for agricultural purposes or as a homestead, as long as the tree is located within a radius of 150 feet from the principal structure on the property or the owner's residence that is used as a homestead. 16 8.0 TREE REPLACEMENT AND TREE PROTECTION PROCEDURES FOR TREE PERMITS 8.1 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, with the following exceptions (See Table 3.0 for a summary): a. Tree Alteration for Public Utility Projects: All protected trees that the Landscape Administrator determines must be altered in order to install utility lines within public R.O.W. or 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 Landscape Administrator determines do not have to be altered shall be subject to the tree protection requirements but not to the tree replacement requirements. b. Selective Thinning and Removal of Underbrush: The Landscape Administrator may issue a single tree permit allowing the alteration of certain protected trees from a densely forested area when the Landscape Administrator determines that selective thinning is being done in a professionally accepted manner that will enhance the environment and the likelihood of survival of the remaining trees. If the Landscape Administrator 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 Landscape Administrator may issue a permit allowing the clearing and grubbing 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 mowers. The use of dozers, loaders, or other moving equipment to clear or grub may be permitted by the Landscape Administrator. c. Clear- Cutting of Trees on AG Zoned Property: The City Council shall make the determination based on the Tree Board and Landscape Administrator's recommendation on whether to allow the clear - cutting of protected trees from property zoned Agricultural "AG'. Such a determination shall be made after the Landscape Administrator makes an on -site inspection of the property to be cleared and receives a written statement from the applicant describing the purpose and reason for the clear- cutting, but only if the Council determines that the clear - cutting is for a legitimate, agricultural reason. 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. 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. This requirement runs with the land. d. Limited Tree Alteration on "AG" Zoned Property: The Landscape Administrator may issue a tree permit for the alteration of up to seven protected trees per calendar year on property zoned Agricultural "AG" and being actively used for agricultural purposes. If the Landscape Administrator issues such a 17 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 per calendar year are not included under this section and will require tree permits and must comply with tree replacement and tree protection requirements. Table 3.0 Application of Tree Replacement and Tree Protection requirements by Project Type Project Type Tree Tree Replacement Protection App lies? Applies? Public Utility Projects Trees must be altered to install utility lines in public ROW or utility No No easements Trees within R -O -W that do not need to be altered No Yes Selective Thinning and Removal of Underbrush No No Diseased, Damaged, or Dangerous Trees No No AG Zoned Property Clear cutting for agricultural reasons (City Council approval No* No required) Removal of rip to 7 trees /calendar year on land used for No No agricultural purposes Tree alteration other than clear cutting or removal of 7 Yes Yes trees /calendar year All New Development Trees that must be altered to install required utility lines within No ** No* public ROW or public utility or drainage easements based on the approved Concept Plan, Development Plan, Site Plan, or Preliminary Plat, or to install required fire lanes, parking areas and building ad sites as shown on an approvedSite Plan Trees in the areas described above that the Landscape No Yes Administrator determines do not need to be altered Trees in all other areas of the development Yes Yes New Single Lot Residential Development Trees within building pad site, driveways, public sidewalks, patios, No No septic tank and lateral lines, parking area, and pool and associated deck (based on the approved conceptplan, development plan, plat, or building plan) Trees not in any of the areas described above Yes Yes Prunin Pruning is necessary to allow construction or demolition of a No No structure Pruning other purposes Yes Yes All other conditions Yes Yes e. Alteration of Diseased, Damaged, or Hazardous Trees: The Landscape Administrator may issue a tree permit for any tree that is diseased, infected, or damaged beyond the point of recovery, or in danger of falling as determined by the Landscape Administrator prior to the alteration of the tree. A diseased or hazardous tree may be altered by the City or an individual to reduce the chance of spreading the disease to adjacent healthy trees or to protect the healthy, safety, and welfare of the general public. If the Landscape Administrator issues such a permit, 18 the protected trees covered by the permit shall be exempt from the tree replacement and tree protection requirements. f Pruning: The Landscape Administrator may issue a tree permit to allow pruning of a protected tree that is necessary to allow demolition of an existing structure, or to allow construction of a structure as permitted on an approved site plan. If the Landscape Administrator issues such a permit, the protected tree covered by the permit shall be exempt from the tree replacement and tree protection requirements under Section 8.0 of this ordinance. For all other pruning for which a tree permit is required, Sections 8.4, 8.7, and 9.0 shall apply. 8.2 NEW DEVELOPMENT Applications for all new development (residential and non residential) shall submit a Tree Conservation Plan application in conjunction with the corresponding development application as established in Table 1, Section 7.1. Such a Tree Conservation Plan shall be approved by City Council before a Tree Permit is granted for all new development. a. All protected trees that are needed to be altered to construct the required and permitted improvements based on the City Council approved Tree Conservation Plan are exempt 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. b. Any protected trees within areas identified for improvements that the Tree Conservation Plan or the Landscape Administrator determines do not have to be altered shall be subject to the tree protection requirements listed in Section 8.7 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 only if 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 developer may be required to mitigate any trees previously removed if the Landscape Administrator determines that the removal of the trees would not have otherwise been required. e. Single Lot Residential Development: Prior to the issuance of an earth disturbance permit for a single lot residential development, the Landscape Administrator shall ensure the following: 19 i. Whether 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: An owner of a property shall not grant a temporary access or construction easement or other right of access across his /her property for purposes of construction of approved infrastructure or development activity without the approval of the Landscape Administrator if such easement or right of access intersects or comes closer than ten (10) feet of the critical root zone of a protected tree. Such an easement shall be approved by the Landscape Administrator only if the easement is the only reasonable means of access to the property being developed. The Landscape Administrator 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 being developed. Landscape Administrator approval of such an easement shall be required even if the property granting the easement is under the same ownership as the property being developed. 8.4 TREE REPLACEMENT PROCEDURES GENERALLY: If required by Section 8.1, 8.2, and 8.3 above, the following procedures shall apply to any person who alters a protected tree for which a permit is required. a. TREE REPLACEMENT: If a person alters a protected tree for which a permit is required, the person shall replace the protected tree with a quality tree as designated in the Landscape Ordinance and approved by the Landscape Administrator. 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. i. Size and Number: A sufficient number of trees shall be planted to equal or exceed, in caliper, the diameter of each tree altered, measured at 4.5' above ground level. Each replacement tree shall be a minimum of 3" caliper at one foot above ground level, and seven feet in height when planted. ii. Location: Each replacement tree should be planted on the same property as the tree which was altered. However, if the replacement tree cannot be planted on the same property in accordance with universally accepted arborists' standards, the Landscape Administrator may permit any or a combination of 1. 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 20 replacement tree is to be planted shall agree, in writing, to maintain the replacement tree to the standards established in this ordinance. 2. require replacement on public property, or 3. require payment to the Reforestation Fund in accordance with Section 8.5, below. b. Responsibility for Replacing Trees: The Landscape Administrator will determine the agent responsible for replacing the trees, the time of replacement, and the location of the replacement trees. The requirement to replace trees shall run with the land. c. Delayed Replacement: If the Landscape Administrator approves the planting of replacement trees more than 90 days after the alteration of protected trees if the applicant provides the city with a surety bond for an equivalent amount to be paid to the Reforestation Fund in case the applicant does not plant the replacement trees or pay into the reforestation fund: (1) within six (6) months of the date of approval of such delayed planting or payment, or (2) the date of issuance of the first certificate of occupancy on any portion of the subject property, or (3) other date as agreed in the Council approved Tree Conservation Plan. d. Duration: A replacement tree that dies within three years of the date it was planted must be replaced by another replacement tree. This requirement runs with the land. 8.5 REFORESTATION FUND: If required by the Landscape Administrator, the applicant, instead of compliance with Section 8.4, above, shall make a payment into the Reforestation Fund or other specifically dedicated fund. The funds shall be used only for purchasing and planting trees on private property approved by the Landscape Administrator 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. a. The amount of the payment required for each replacement tree shall be calculated based on a schedule published and reviewed annually by the City Council which sets forth the average cost of a quality tree added to the average cost of planting a tree. b. The Reforestation Fund Administrator shall submit quarterly reports to the City Council of the deposits and disbursements from the Reforestation Fund. 8.6 OFFENSE: A person commits an offense if the person fails to replace a tree or make a payment in accordance with the Landscape Administrator's direction pursuant to this Section 8.5. 8.7 TREE PROTECTION PROCEDURES GENERALLY: If required by Section 8.1 and 8.2, above, the following procedures shall apply to protect any protected tree for which a permit is required. All trees that are not 21 adequately protected using these procedures shall be subject to the Tree Replacement requirements under Section 8.4. a. CONSTRUCTION PLAN REQUIREMENTS: All construction plans shall include the requirements listed in the Tree Technical Manual. b. PROHIBITED ACTIVITIES IN CRITICAL ROOT ZONE: The following activities are prohibited within the limits of the critical root zone of any protected tree subject to the requirements of this ordinance. i. Material Storage: No materials intended for use in construction or waste materials accumulated due to excavation or demolition shall be placed within the limits of the critical root zone of any protected tree. ii. Equipment Cleaning /Liquid Disposal: No equipment shall be cleaned or other liquids deposited or allowed to flow overland within the limits of the critical root zone of a protected tree. This includes, without limitation, paint, oil, solvents, asphalt, concrete, mortar or similar materials. iii. Tree Attachments: No signs, wires or other attachments, other than those of a protective nature, shall be attached to any protected tree. Fencing attached to a tree via "U" nails or bent nails is allowed only if the fencing is parallel to and contiguous with the tree. iv. Vehicular Traffic: No vehicular and /or construction equipment traffic or parking shall take place within the limits of the critical root zone of any protected tree other than on existing street pavement. This restriction does not apply to single incident access within the critical root zone for purposes of clearing underbrush, establishing the building pad and associated lot 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 construction methods are approved by the Landscape Administrator. vi. Impervious Paving: No paving with asphalt, concrete or other impervious materials that may reasonably be expected to kill a tree shall be placed within the limits of the critical root zone of a protected tree except as otherwise allowed in this Ordinance. c. PROHIBITED ACTIVITIES IN DRIP -LINE: 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 the specific approval of the Landscape Administrator. d. PROCEDURES REQUIRED PRIOR TO CONSTRUCTION: The following procedures shall be followed on all types of construction projects (including residential, commercial, and municipal / public domain projects). i. Protective Fencing: Prior to construction, the contractor or subcontractor shall construct and maintain, for each protected tree on a construction site, a 22 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 Landscape Administrator. All protective fencing shall be in place prior to commencement of any site work and remain in place until all exterior work has been completed. Protective fencing shall be at least four (4) feet high, clearly visible, and shall have a tree protection sign that is clearly visible by workers on the site affixed to the fence every twenty (20) feet. The use of snow fencing and 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 of chain link or other similar metal or 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 of sufficient height and strength to reasonably prevent access to the protected area. In all instances, 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. Such a fence shall be installed and maintained by the owner and /or contractor for the duration of the construction. ii. Bark Protection: In situations where a protected tree remains in the immediate area of intended construction and the Landscape Administrator 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 2" x 4" 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 (Refer to the Tree Technical Manual for details on bark protection). e. CONSTRUCTION METHODS: i. Boring: Boring of utilities under protected trees 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 length of the bore shall be the width of the critical root zone at a minimum and shall be a minimum depth of 48 inches. ii. Grade Change: In situations in which the Landscape Administrator 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: All trenching shall be designed to avoid trenching across the critical root zone of any protected tree, unless otherwise approved by the Landscape Administrator or exempted from this ordinance. Trenching within the critical root zone shall require a tree permit. The placement of underground utility lines is encouraged to be located outside of the critical root zone of protected trees. Irrigation system lines shall be placed outside of the critical root zone, except the minimum number of single head supply lines required to irrigate within the critical root zone which are allowed within the 23 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. 9.0 TREE PRUNING 9.1 OFFENSE: A person commits an offense if the person alters or significantly disfigures a protected tree by pruning. 9.2 PERMIT REQUIREMENTS FOR PUBLIC UTILITIES: Unless pruning is requested by the owner of the tree or exempted from this Ordinance pursuant to Section 7.3 herein, the public utility shall obtain a tree permit before beginning any pruning (regardless of whether the pruning will alter or significantly disfigure the tree). 9.3 PRUNING TECHNIQUE: When allowed, all pruning shall be conducted in accordance with universally accepted arborists' standards and the recommendations contained in herein. 9.4 REQUIRED PRUNING: The owners of all trees adjacent to and within all public ROW shall be responsible for the maintenance of such street trees. Owners shall maintain a minimum clearance of ten feet (10') above the traveled pavement or curb of a public street. Such owners shall promptly remove all dead, diseased or dangerous trees, or broken or decayed limbs which may constitute a threat or danger to the safety of the public (see Section 7.3 for exemptions). 9.5 TREE TOPPING: It shall be unlawful for any person to top any tree without having a tree permit approved by the Landscape Administrator, unless an exemption listed in Section 3.3 of this Ordinance applies. However, if the Landscape Administrator determines that topping the tree is necessary because the tree has been severely damaged by storms or other causes, or is under utility wires or other obstructions, making other pruning practices impractical, the Landscape Administrator may issue a tree permit allowing topping of the tree. 9.6 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 not permitted 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 Landscape Administrator, 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. 24 10.0 TREE PLANTING AND REMOVAL STANDARDS 10.1 ACCEPTABLE TREES: The Landscape Administrator shall maintain a list of trees acceptable for planting on public property or on private property to meet tree replacement requirements. Trees other than those listed as acceptable may only be planted upon written approval of the Landscape Administrator. 10.2 STREET TREE SPACING: The spacing of street trees will be in accordance with recommendations of the Landscape Administrator. The street tree spacing limitations from the nearest intersecting curb shall apply based upon the street typology designation. 10.3 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. 10.4 PERMIT REQUIRED. A person, other than an agent of the City, must obtain a tree permit before the person may prune, treat, remove, damage, or destroy a street or park tree (regardless of whether it is a protected tree and regardless of whether if is significant enough to "alter" the tree) within the City. 10.5 A person commits an offense if the person: a. plants any required replacement tree within an area such that the mature canopy ofthe tree will interfere with existing or proposed overhead utility lines; b. plants any required replacement tree or street tree within an area such that the mature critical root zone of the tree will interfere with existing or proposed underground public utility lines (including water lines, sewer lines, transmission lines or other utilities), or such that the installation and /or maintenance of such utility lines will, in reasonable probability, require activity in the mature critical root zone of such tree; c. plants a tree in such a manner that any part of the tree blocks a designated sight triangle area (vertical and horizontal) unless approved by the Landscape Administrator; d. plants a tree within ten feet (10') of an existing or proposed fire hydrant unless approved by the Fire Department. 11.0 PENALTY FOR VIOLATION 11.1 Any person who: (1) violates any section this Ordinance by altering a protected tree not in compliance with an approved Tree Permit, or by altering trees in violation of the permit, or (2) violates Section 8.4 or 8.7 of this Ordinance by failing to follow the tree replacement and /or tree protection procedures, shall: 25 a. be assessed a penalty by the Landscape Administrator equal to Two Hundred Dollars ($200.00) per diameter inch of the tree(s) altered; and b. 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 One Thousand Dollars ($1,000.00) per incident. c. Each violation shall be considered a separate incident and each incident subjects the violator to the maximum penalty set forth herein. 11.2 Any person who violates any other provisions of this ordinance shall be guilty of a misdemeanor and upon conviction hereof shall be fined not to exceed One Thousand Dollars ($1,000.00) for each incident. Each violation shall be considered a separate incident and each incident subjects the violator to the maximum penalty set forth herein for each tree. 11.3 A person is both civilly and criminally responsible for a violation of this ordinance if the person alters, or perinits or causes to be altered, a protected tree without complying with the requirements of this Ordinance, if such person fails to inform the agent, representative or contractor of the terms of this ordinance, or requests or encourages or conspires with such agent, representative, or contractor to violate this ordinance. A owner of property on which protected trees are located is civilly liable for a violation of this ordinance if the person's agent, representative, or contractor alters, or permit or causes to be altered, a protected tree without complying with the requirements of this ordinance unless the owner adequately informed the person performing such alteration of the terms of this ordinance, and the owner did not participate in, request, or encourage the alteration or other violation, or conspire with the person committing such violation. 11.4 A violation, penalty, or requirement of this ordinance that is not rectified within 90 days or a time period determined as reasonable by the Landscape Administrator shall become a lien on the subject property. 12.0 ENFORCEMENT 12.1 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. 12.2 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: a. a copy of the tree preservation ordinance or a condensed summary of the relevant aspects pertaining to the type of permit requested; and b. a tree protection sign. 12.3 ACCEPTANCE OF IMPROVEMENTS AND ISSUANCE OF PERMITS: The City 26 may refuse to accept any public improvements or issue any permits or certificates relating to the subject property until the person pays all civil penalties for violations of this Ordinance or complies with Section 8.4 of this Ordinance; provided, however, that acceptance of public improvements and issuance of permits may be authorized if, with the Landscape Administrator's approval, the person furnishes the City with a cash deposit or surety bond in the approximate amount of the cost to replace the trees as established by the Landscape Administrator. Neither the acceptance of public improvements nor the issuance of any permits or certificates shall prevent the City from enforcing the terms of this ordinance. 12.4 CERTIFICATE OF OCCUPANCY: No Certificate of Occupancy ( "C.O. ") shall be issued until all civil penalties for violations of this ordinance have been paid to the City. No Certificate of Occupancy shall be issued until all replacement trees have been planted or appropriate payments have been made to the Reforestation Fund; provided, however, that a Certificate of Occupancy may be granted before all trees have been replaced if, with the Landscape Administrator's approval, the person furnishes the City with a cash deposit or surety bond in the approximate amount of the cost to replace the trees. 13.0 APPEALS AND VARIANCES 13.1 Appeals. Only decisions by the Landscape Administrator under this ordinance may be appealed to the Tree Board by any person, agent, or representative affected by such decision. Such appeal must be received in writing within ten (10) days after the decision has been rendered or post - marked date if the decision was sent in U.S. Mail to the property owner on record. Such appeal must be made to the Administrative Official with a copy to the Landscape Administrator 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. 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 Landscape Administrator was in accordance with all the provisions of this ordinance. The decision of the Tree Board shall be final. All City Council approved Tree Conservation Analyses and Plans cannot be appealed to the Tree Board. Rather, any significant change to an approved Tree Conservation Analysis or Plan shall be considered a change in the corresponding concept, development, or site plan or plat and shall be processed as such. 13.2 Variances. The City Council may authorize variances to any restriction set forth in 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 Section 7.0 and the following factors shall be considered in evaluating the variance request: a. Whether a literal enforcement of the ordinance will create an undue hardship or an unreasonable practical difficulty on the applicant; b. Whether the situation causing the unnecessary hardship or practical difficulty is 27 unique to the affected property and is not self - imposed; c. Whether a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; d. Whether the variance will injure or be wholly compatible with the use and future or existing development of adjacent properties; e. Whether the increased development costs caused by preserving the tree create an undue hardship on the development of the site; f. Whether there is any identified adverse effect of the alteration or preservation on erosion, soil moisture retention, flow of surface water, and drainage systems; g. Whether there is any substantial impact to the buffering of residential areas from the noise, glare, and visual effects of non - residential uses; h. The costs versus the benefits of relocating required utility service infrastructure and easements based on preservation or alteration of protected trees; i. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree; j. Whether the alteration adversely affects the public health, safety or welfare; and k. 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. 14.0 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. 15.0 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. 16.0 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 28 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. 17.0 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. 18.0 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. This ordinance shall not apply to any development or construction activity performed pursuant to a building permit for which an application was made prior to the effective date of this ordinance. For such development or construction, the requirements of Ordinance 585 -B shall continue to apply. PASSED AND APPROVED on the 1st reading the _ day of _, 200_. MAYOR ATTEST: CITY SECRETARY 29 PASSED AND APPROVED on the 2nd reading the _ day of _, 200_. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY 30 Attachment 3 Tree Preservation Ordinance and Manual with Appendices �1 CITY OF SOUTHLAKE 0 TREE PRESERVATION ORDINANCE & TREE TECHNICAL MANUAL Final Draft — December 28, 2005 Ordinance 585 -C Southlake Tree Preservation Ordinance & Technical Manual TABLE OF CONTENTS L About the Tree Preservation Ordinance and Tree Technical Manual IL Ordinance 585 -C 1.0 Title 2.0 Findings .3 Purpose and Intent 4.0 Applicability 5.0 Definitions 6.0 Tree Preservation Policy 7.0 Tree Conservation Analysis (TCA), Tree Conservation Plans (TCP), and Tree Permits 8.0 Tree Replacement and Tree Protection Procedures for Tree Permits 9.0 Tree Pruning 10.0 Tree Planting and Removal Standards 11.0 Penalty for Violations 12.0 Enforcement 13.0 Appeals and Variances 14.0 Severability 15.0 Conflicting Ordinances 16.0 Savings Clause 17.0 Publication Clause 18.0 Effective Date III. Appendix A: Requirements for Alternative to Tree Surveys and Tree Surveys IV. Appendix B: Examples of a Tree Survey and Alternative to a Tree Survey V. Appendix C: Visual Guide of Protected Trees in Southlake FINAL DRAFT December 28, 2005 H Southlake Tree Preservation Ordinance & Technical Manual I. ABOUT THE TREE PRESERVATION ORDINANCE AND TREE TECHNICAL MANUAL The City of Southlake places a high priority on environmental sustainability and stewardship. As the city faces build -out, identifying and protecting the remaining natural resources in the city becomes critical to maintain and enhance the quality of life the residents and businesses enjoy. To this end, the city's currently adopted Comprehensive Master Plan, the Southlake 2025 Plan identifies and prioritizes environmental resources to be protected in conjunction with proposed development in the city. The city has always placed a high priority on preserving trees as demonstrated by the adoption of the first Tree Preservation Ordinance in 1993 and its subsequent amendments in 1997 and 2000. This current amendment further strengthens the nexus between the city's adopted policies as outlined in the Southlake 2025 Plan and its implementation through this ordinance. This Tree Protection Ordinance and Manual combines the adopted ordinance with the corresponding tree technical standards that clarify, expound on, and illustrate pertinent sections of the ordinance. The technical standards and illustrations are intended to help decision makers, city staff, developers, builders, and residents better understand the provisions of this ordinance and assist them in meeting its requirements. FINAL DRAFT December 28, 2005 iii Southlake Tree Preservation Ordinance & Technical Manual II. TREE PRESERVATION ORDINANCE AND TREE TECHNICAL MANUAL 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 -di- oxide, 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; 2.6 For the reasons stated above, preservation of mature tree stands and environmentally sensitive areas in conjunction with development have 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 propeuty. 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. 3.6 Maintain and enhance Southlake's identity as a Tree City USA. 4.0 APPLICABILITY With the exception of the exemptions set forth in Section 7.3 of this ordinance, no tree shall be altered from anv lands in Southlake without a permit. All applications for development shall include a Tree Conservation Analysis and/or Tree Conservation Plan based on Table 1 — Tree Conservation Analysis/Plan Requirements by Activity Type before obtaining a tree permit. FINAL DRAFT December 28, 2005 Southlake Tree Preservation Ordinance & Technical Manual .5.0 DEFINITIONS GENERAL RULES: The following rules shall be applied in constructing, interpreting or otherwise defining the terms hereof: a. Words used in the present tense shall include the future, words used in the singular number shall include the plural number and words used in the plural shall include the singular. b. The word "shall' is mandatory and the word "may" is permissive. C. The word "person" shall include any individual, firm, coippration, 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 head or his /her designee, as appointed by the City Manager, charged with the responsibility of administering this ordinance. AGRICULTURAL USE Any use that is related to active fanning, livestock, or ranching including using land as pasture or in the production of crops, or horticultural products. Also for the purposes of this ordinance, the keeping of livestock for commercial or noncommercial purposes is defined as an agricultural use. Livestock includes but is not limited to poultry and hoofed animals such as cattle, horses, goats, and sheep. Also included in this definition of agricultural uses are agricultural accessory buildings. ALTER; ALTERS; ALTERATION: The uprooting, severing the main trunk of the tree, or any act which causes or may reasonably be expected to cause a tree to die. It includes, but is not limited to: damage inflicted upon the tree's root system by machinery, storage of materials, or the compaction of soil above the root system of a tree; a change in the natural grade above the root system of a tree; an application of herbicidal or other lethal chemicals; excessive pruning: placement of impermeable pavement over the root system of a tree; and trenching within the critical root zone. A protected tree shall be considered to be altered if more than 25% of the critical root zone is disturbed from its natural grade, or more than 25% of its canopy is removed, or the tree is disfigured to the extent a reasonable person would conclude the tree will not survive. FINAL DRAFT December 28, 2005 Southlake Tree Preservation Ordinance & Technical Manual i euirding Pad i I i P I 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. CALIPER American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be taken six (6) inches above the ground for up to four (4) inch caliper size and twelve (12) inches above the ground for larger caliper sizes. CERTIFICATE OF OCCUPANCY (CO): It is an stmt Building pad includes the building footprint and an area of 6 feet around the building Canopy I � I I I I I OBH Wmeter of t ie tree I 4 , measured 44 -1f2 I I feet above r#aund t I Critical R ootZorle -I Lunge of hoii Critical Root Zone and Diameter at Breast Height are measured 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 Certified Arborist is a title given by the International Society of Arboriculture to experienced professionals who have passed an extensive examination covering all aspects of tree care. A Certified Arborist is a specialist in the care of individual trees. Certified Arborists are knowledgeable about the needs of trees, and are trained and equipped to provide proper care of trees. CLEAR - CUTTING The removal of all of the trees or a significant majority of the trees within an area of land. CRITICAL ROOT ZONE: The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost point of the tree's canopy or the drip line. CUT/FILL Areas where the natural ground level has been excavated (cut) or fill has been brought in. DBH (DIAMETER AT BREAST HEIGHT): A standard measure of tree size for existing trees, and is a tree trunk diameter measured at a height of 4 ' /2 feet above the ground. If a tree splits into multiple trunks below 4 r/2 feet, then the trunk is measured at its most narrow point beneath the split. The diameter of a multi -trunk tree shall be determined by adding the total diameter of the largest trunk to r /2 the diameter of each additional trunk. DRAINAGE FLOW The area uphill from a tree from which water drains or flows into the critical root zone of that tree. FINAL DRAFT December 28, 2005 Image showing an appropriate cut fill situation where the CRZ of the protected tree is left undisturbed Southlake Tree Preservation Ordinance & Technical Manual DEVELOPMENT REVIEW COMMITTEE (DRC) A committee comprised of city staff, including the Landscape Administrator, charged with reviewing all development proposals to ensure compliance with all of the city's development regulations. DRIP LINE Either (1) a vertical line run through the outermost portion of the canopy of a tree and extending to the ground, or (2) if the tree is damaged or deformed as a result of tree growth or other cause, a circular area with a radius of 1 /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(s) to re- grade, excavate, disturb, or store spoils on any property in the city as required by the city's adopted Building Code. EASEMENT It is the authorization by a property owner for the use by another, and for specified purpose, of any designated part of such property. Easements may be temporary or permanent. EASEMENT, CONSERVATION A conservation easement is a voluntary and permanent, legally binding, deed restriction that limits development of property for the propose of protecting and preserving a portion of Southlake's environmentally sensitive and natural resources, including agricultural and ranching areas. The landowner retains title to the property and the easement applies to all subsequent owners. The easement must be held by a qualifying party approved by the city. EASEMENT, UTILITY OR DRAINAGE: Is an area designated on any plat or other instrument approved by the city for die location of utility lines or drainage improvements. EASEMENT, PERMANENT It is the authorization by a property owner for the use by another, and for specified purpose, of any designated part of such property by an approved plat that can only be changed through another official plat. EASEMENT, TEMPORARY ACCESS An access granted on a 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 access granted on a property that is adjacent to a property being developed to provide temporary access FINAL DRAFT December 28, 2005 Southlake Tree Preservation Ordinance & Technical Manual west ootprint includes the building, Paved areas, and area 6feetaround both. 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 constriction activity. ENVIRONMENTAL PRESERVE An environmental preserve is natural open space reserved for land that is under permanent conservation. It consists of areas in the flood plain, woodlands to be preserved, creeks, water bodies, steep grades, and other environmentally sensitive lands. Activities in the environmental preserve shall be limited to natural trails, paths, and equestrian trails. If significant lake access is available, canoe put -ins or other passive water recreation activities may be permitted. The size of an environmental preserve mail vary depending upon the environmental element being preserved. Environmental preserves may be. protected through conservation easements.``�`'�:. ENVIRONMENTAL RESOURCE PROTECTION (ERP) RECOMMENDATIONS AND MAP The ERP recommendations and map are critical adopted sections of the citv's Parks, Recreation, and Open Space Plan, a component element of the Southlake 2025 Plan. The ERP recommendations provide the policy guidance for the protection of key environmentally sensitive resources in the city. The ERP map identifies priority areas for the protection of significant environmentally sensitive areas where appropriate in the city. FOOTPRINT A reasonable area not to exceed six feet (6') around all impervious surfaces as designated on an approved Site Plan. GRADING PERMIT Same as Earth Disturbance Permit LAND DISTURBANCE PERMIT Same as Earth Disturbance Permit LANDSCAPE ADMINISTRATOR The person appointed by the City Manager or Administrative Official to serve as the person to administer plans and City ordinances related to tree preservation and landscape and/or the person's designated representative. LANDSCAPE ARCHITECT A person licensed to use the title of "landscape architect" in the State of Texas in accordance with state law. MUNICIPAUPUBLIC DOMAIN PROPERTY Property owned by a governmental entity such as the city, county, state, federal government, school district FINAL DRAFT December 28, 2005 Imaze otan Environuientat Preserve Southlake Tree Preservation Ordinance & Technical Manual Protective fencing for multiple trees Examples of appropriate protective fencing or other such entity. Examples of this include City Hall, public parks, Corps of Engineers property, State of Texas R.O.W., libraries, fire stations, water tower sites or similar properties. OWNER Any person with a financial interest in land, or a lessee, agent, employee, or other person acting on behalf of the Owner. PARKS, RECREATION, & OPEN SPACE MASTER PLAN The Parks, Recreation, and Open Space Master Plan is a component element of the Southlake 2025 Plan, the city's Comprehensive Master Plan. The Parks, Recreation, and Open Space Master Plan, as amended, serves as the community's blue print for the city's finure parks and open space facilities. PLANNING AND ZONING COMMISSION A volunteer citizen body appointed by the City Council as an advisor' body to it and which is authorized to make recommendations on the physical development of the city including land use, zoning transportation, etc. PROTECTIVE FENCING A physical and visual barrier installed around the critical root zone of a protected trees as required by Section 8.7 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 the following: o Educating the public on the aesthetic and health benefits of conservation and environmental preservation, o Planting, maintaining, and managing trees and landscaping on public property in the city; o Creating and expanding wooded property within the city; o Purchase of conservation easements and/or environmental preserves, and o 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 as approved by City Council. SOUTHLAKE 2025 PLAN It is the City of Southlake's Comprehensive Master Plan, as amended, consisting of multiple elements, as adopted by the City Council. FINAL DRAFT December 28, 2005 Protective fencing for a single tree Southlake Tree Preservation Ordinance & Technical Manual Vom Va„ Identifying Potential Development and Conservation Areas using a Tree Conservation Analysis STREET TYPOLOGY MAP The street typology map is a critical component of the city's adopted Mobility & Master Thoroughfare Plan, a component element of the Southlake 2025 Plan. Street typologies are overlay designations to the functional classification system of the city's roadway network and they link street functionality with design priorities for all street types. TREE Any self - supporting woody perennial plant which will attain a tnwk diameter of two inches or more when measured at a point four and one -half feet above ground level and normally an overall height of at least fifteen (15) feet at maturity, usually with one main stem or trunk and many branches. A tree may appear to have several sterns or trunks as in several varieties of oaks. TREE BOARD A board appointed by the City Council to carry out specific duties and responsibilities as set forth in Section 13.0 of this Ordinance. The Zoning Board of Adjustment shall constitute the Tree Board unless the City Council appoints a separate tree board. TREE, CANOPY OR SHADE Is an evergreen or deciduous tree which when mature is large (typically more than 25') and has a significant tree canopy that provides shade and other benefits. 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 natural 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 natural features of the site such as protected trees, natural creeks, ponds, steep grades, and other critical resources. TREE, DISEASED, INFECTED OR DAMAGED A tree found by the Landscape Administrator to be any of the following: 1. infected with a disease or a parasite making it reasonably likely that the tree will either die within three years or pose a significant threat of infecting other trees of the same or similar species, or 2. damaged, in whole or part, to such an extent that either the tree is reasonably likely to die within three years , or FINAL DRAFT December 28, 2005 Roar Typical Tree Conservation Analysis Southlake Tree Preservation Ordinance & Technical Manual CAUTION TREE PRESERVATION CONTRACTOR MUST INSTALL AND MAINTAIN CONSTRUCTION FENCING Street Tree — Do not trim or remove trees without a permit Do not park vehicles or place building materials in critical root Lone Per favor de no eortar arboles sin permiso Por favor no estacloner vehiculos y materia I. on zona critica de ralz Do not clean equipment or dispose of liqulds undertrees Do not make grade changes, cut or fill in critical root zone Per favor no limpiar equipo ni tirar liquidos ahajo do Jos arboles Per Favor no camdiar grados,. carter o fie nar en zone critica de rain FAILURE TO COMPLY WILL RESULT IN FINES AND i GR TREE MITIGATION City of aouthleke Tice Preservatlon Ordinance No. US-0 City of Southlake 's Tree Protection Sign 2 � T l +i Examples of street trees along different types of roadways 3. hazardous, in whole or part, to such an extent that it presents a significant danger to the general public. TREE, PARK: Trees, shrubs, and all other woody vegetation in public parks and all areas owned by the City to which the public has free access as a park. TREE PERMIT It is the official authorization by the city to alter any protected tree not exempted by any section of this ordinance. TREE PRESERVATION AREA It is an area identified on any approved plan to denote a significant protected tree stand(s) to remain undisturbed by development of that property. TREE, PROTECTED A protected tree is any tree (canopy or understory /accent) which the City has determined typically has significant positive characteristics worthy of preservation when possible as part of an approved Tree Conservation Plan. TREE PROTECTION SIGN A sign furnished to a person by the City's building official upon approval of a tree survey or tree permit which describes prohibited conduct detrimental to trees. TREE, STREET Trees, shrubs, and all other woody vegetation on property located within or adjacent to all public and private rights -of -way or access easements within the City. TREE SURVEY A plan drawing that provides legend details about the location and details of trees and contains the information set forth in the Tree Technical Manual. It shall include drawings by a licensed surveyor, a licensed architect, or, if few trees are involved, a person approved by the Landscape Administrator (See Appendix B). TREE TECHNICAL MANUAL It is the illustrative portion of this document (including all Appendices) that provides the technical standards as established by the Landscape Administrator to meet the requirements of this ordinance. The technical requirements may be amended based upon the best industry practices for tree preservation and arboriculture. TREE TOPPING It is the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree. TREE, UNDERSTORY OR ACCENT A tree which the City has determined has significant positive FINAL DRAFT December 28, 2005 ik rr Examples of street trees along different types of roadways 3. hazardous, in whole or part, to such an extent that it presents a significant danger to the general public. TREE, PARK: Trees, shrubs, and all other woody vegetation in public parks and all areas owned by the City to which the public has free access as a park. TREE PERMIT It is the official authorization by the city to alter any protected tree not exempted by any section of this ordinance. TREE PRESERVATION AREA It is an area identified on any approved plan to denote a significant protected tree stand(s) to remain undisturbed by development of that property. TREE, PROTECTED A protected tree is any tree (canopy or understory /accent) which the City has determined typically has significant positive characteristics worthy of preservation when possible as part of an approved Tree Conservation Plan. TREE PROTECTION SIGN A sign furnished to a person by the City's building official upon approval of a tree survey or tree permit which describes prohibited conduct detrimental to trees. TREE, STREET Trees, shrubs, and all other woody vegetation on property located within or adjacent to all public and private rights -of -way or access easements within the City. TREE SURVEY A plan drawing that provides legend details about the location and details of trees and contains the information set forth in the Tree Technical Manual. It shall include drawings by a licensed surveyor, a licensed architect, or, if few trees are involved, a person approved by the Landscape Administrator (See Appendix B). TREE TECHNICAL MANUAL It is the illustrative portion of this document (including all Appendices) that provides the technical standards as established by the Landscape Administrator to meet the requirements of this ordinance. The technical requirements may be amended based upon the best industry practices for tree preservation and arboriculture. TREE TOPPING It is the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree. TREE, UNDERSTORY OR ACCENT A tree which the City has determined has significant positive FINAL DRAFT December 28, 2005 Southlake Tree Preservation Ordinance & Technical Manual characteristics worthy of preservation and that does not typically attain great size. 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. Channels, ditches, creeks, detention/retention ponds, or other bodies of water shall constitute a utility line for purposes of this ordinance only to the extent that such area is required by the city or other public entity as an integral and necessary part of an approved drainage plan. For purposes of this ordinance, the area deemed a "utility line" shall be the area designated and required as a drainage element by the city engineer or by ordinance and which is approved by the Landscape Administrator. Ponds, channels. creeks, or other bodies of water intended or created primarily for decorative, scenic, or recreational purposes shall not be considered as ,. utility lines" for purposes of this ordinance, if such areas are not required by the city engineer or by ordinance, even if such areas may serve some drainage purposes. UTILITY PROVIDER A company or entity, or agent for a company or entity, including a municipality that provides a utility service within the City. 6.0 TREE PRESERVATION POLICY GENERALLY: The city of Southlake places a high priority on tree preservation while providing flexibility in site design on environmentally sensitive properties. Aside from their aesthetic value, trees improve air quality, protect water, reduce energy consumption, reduce surface temperatures, and increase property values. A Tree Conservation Plan shall be required for all development applications as established under Section 7.0. The following criteria shall form the basis to evaluate all Tree Conservation Plans proposed in conjunction with development: FINAL DRAFT December 28, 2005 Southlake Tree Preservation Ordinance & Technical Manual Summary of the Tree Preservation Process Tree Conservation Analysis: Most conceptual Concept/ analysis of Development Plan/ environmental Preliminary Plat* constraints of a properh' Tree Conservation Plan: Site specific plan for preserving prioritized Site Plan/ environmental resources Preliminary Plat* based upon the Tree Conservation Analysis Tree Permit: Official city authorization Building Permit or required in order to alter Earth Disturbance ANFproteeted tree in the Permit city * TCA is acceptable forall Preliminary Plats that require a City Council approved Site Plan for development. TC:P shall be required atPreliniinary Plat for all development that does not require C9ty Council approval of a Site Plan. a. The extent to which the placement of building pads, parking areas, driveways, streets, and utility easements is sensitive to the natural features of the property including mature tree stands, natural creeks and ponds, significant grades, and view sheds. b. The extent to which priority areas for tree cover preservation have been accommodated based on the Environmental Resource Protection Map, c. The extent to which existing tree stands have the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses: d. The minimal extent to which existing trees, if any, adjoining a natural or man -made drainage creek are going to be impacted based on the proposed development; and e. The extent to which existing quality trees are to be preseived along rural roadways and other streets as identified and prioritized in the Street Typology designation, and f. The extent to which proposed tree replacement procedures pursuant to this Ordinance adequately mitigate the alteration of any trees. 7.0 TREE CONSERVATION ANALYSIS (TCA), TREE CONSERVATION PLANS (TCP), AND TREE PERMITS. 7.1 Tree Conservation Analyses (TCA) and subsequent Tree Conservation Plans (TCP) shall be required at the time when any development is proposed in the City of Southlake (see Table 1.0). A Tree Conservation Analysis/Plan shall adequately demonstrate a development's adaptation to the natural environment by illustrating the extent to which it meets the city's Tree Preservation Policy under Section 6.0. A Tree Conservation Plan may be used to fulfill the requirements of a Tree Conservation Analysis. FINAL DRAFT December 28, 2005 10 Southlake Tree Preservation Ordinance & Technical Manual Table 1.0 — Tree Conservation Analysis and Tree Conservation Plan by Activity Type T o Activity T o Application Criteria or Review Concept or Development Tree Conservation Analysis Section 6.0, Plan or Preliminary Plat* Site Plan Tree Conservation Plan Based on the approved Tree Conservation Analysis or on Section 6.0 Preliminary Plat* Tree Conservation Plan required Based on the approved Tree Conservation only if preliminary plat is not in Analysis or Concept, Development, or Site conjunction with a concept, Plan or on Section 6.0 development, or site plan for all proposed development Final Plat Tree Conservation Plan Based on the approved Preliminary Plat Plat Showing/Plat Revision Tree Conservation Plan Section 6.0 Earth disturbance Tree Permit Application Based on the approved site plan (non- permit/Building permit residential) or preliminary plat (residential) or Section 6.0 * TCA is acceptable for all Preliminary Plats that require a City Council approved Site Plan for development. TCP shall be required at Prelinnary Plat for all development that does not require City Council approval of a Site Plan. e , x a. Limited Exemptions: Properties that have a City Council approved Concept/Development/Site Plan or preliminary plat before the date of adoption of this ordinance are exempt from the Tree Conservation Analysis and Tree Conservation Plan requirement. However, they are still subject to all other provisions of this ordinance. b. Tree Conservation Analysis and Tree Conservation Plan Requirements: All Tree Conservation Analyses, Tree Conservation Plans, and Tree Permits shall provide information as listed in Table 2.0 below: FINAL DRAFT December 28, 2005 11 Southlake Tree Preservation Ordinance & Technical Manual Table 2.0 Informational Requirements for all permits and applications Requirement Tree Conservation Analysis (TCA) Tree Conservation Plan (TCP) Tree Permits 1. Identification of Critical Environmental Features of the site • All protected tree stands Yes Yes Yes • All individually protected trees No Yes Yes • All grades over 5% Yes No No • Existing streams, drainage creeks, ponds, and other water bodies (if any) Yes Yes Yes • View sheds Yes Yes 2. Tree survey No Yes' Yes 3. 2 -foot contour map of the site No Yes Yes 4. Alternative to a Tree Survey' Yes Yes' No 5. Protected trees within the tree preservation area including tree size and type No Yes Yes 6. Critical Root Zones of groups of trees Yes Yes No 7. Critical Root Zones of individual trees No Yes (for site plans) No (for preliminar plats) Yes 8. Boundaries of any tree preservation areas as identified in the ERP Map Yes Yes No 9. Identification of areas of environmental constraints not suitable for development Yes Yes No 10. Identification of areas of minimal environmental constraints that are suitable for development Yes Y s No 11. Areas of encroachment into environmentally_ sensitive areas identified on the site Yes Yes Yes 12. Stream/Creek buffers, if anv Yes Yes Yes 13. Detailed site plan of all proposed improvements No Yes Yes 14. Setbacks, building lines, buffer yards No Yes Yes 15. Clear delineation of the status of all protected trees after the proposed development is constructed No Yes Yes 16. Preliminary grading, clearing, and trenching plans No Yes No 17. Final grading plans No No Yes 18. Required tree protection plan measures No Yes Yes 19. Replanting /reforestation areas, if any No Yes Yes ° The Administrative Ofjicial may waive any requirement if the scope of the project makes such a requirement either impractical or does not impact the decision making on the project. § See Appendices A & B for acceptable alternatives to the Tree Survey. ' An alternative to the tree survey may be used in heavily wooded areas, however, a detailed tree survey may be required for smaller, specific areas based upon the environmental sensitivity of the property being developed "All proposed improvements shall be required to be shown only at the site plan stage for all development. Preliminary plats shall show building setbacks and general location of buildings and infrastructure. . Status of the protected trees shall be based upon trees that are to be preserved, trees to be altered due to proposed improvements, and trees that could potentially be saved based on site specific conditions. FINAL DRAFT December 28, 2005 12 Southlake Tree Preservation Ordinance & Technical Manual Action on the Tree Conservation Analysis and Tree Conservation Plan: All development applications that require 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. The Landscape Administrator shall evaluate the proposed development based on the City adopted Tree Policy in Section 6.0. The Landscape Administrator shall prepare a report that evaluates the extent to which the proposed development is responsive to the Tree Policy outlined in Section 6.0 to the Planning & Zoning Commission. The Planning & Zoning Commission shall make a recommendation on the proposed Tree Conservation Analysis or Tree Conservation Plan to the City Council. The City Council shall make the final determination on the applicant's proposed Tree Conservation Analysis and Tree Conservation Plan. 7.2 TREE PERMIT APPLICATIONS: a. Illustration indicating the status of trees after the proposed developments has been constructed. Trees indicated in red are ones that are to be removed to accommodate proposed infrastructure. Trees indicated in yellow are trees that could be saved based upon site specific adjustments and trees indicated in green are ones to be protected and not impacted by the proposed development. A tree permit is an official authorization which shall be issued by the city at the same time as an carth disturbance permit and/or a building permit. A tree permit shall be required in the city of Southlake before altering any tree that is not exempted under Section 7.3 of this ordinance. For all development requiring the submittal of a Tree Conservation Plan (under Section 7. 1). a City Council approved Tree Conservation Plan shall be required before a Tree Permit is issued. A Tree Permit Application shall meet the standards of a duly approved Tree Conservation Plan and shall include the following documentation in addition to the information requirements of Table 2.0: • City approved Tree Conservation Plan (when applicable), • A tree survey clearly identifying the status of all trees after the proposed improvements are made (protected trees, altered trees, and trees that can be saved based upon site specific conditions): • Extent of proposed improvements, including building pads, parking areas, driveways, streets, and utilities (including storm water drainage facilities); • A tree protection plan identifying the required tree protection measures including fencing and signage; • Limits of clearing, grading, and trenching; FINAL DRAFT December 28, 2005 13 Southlake Tree Preservation Ordinance & Technical Manual • Approved drainage plans, • Proposed landscaping, bufferyards, and/or replacement areas, and • Any conditions placed on the approval of the Tree Conservation Plan. b. Fees: A person shall submit, with the 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: CITY: 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 Landscape Administrator. PUBLIC UTILITIES: 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 F trees proposed to be altered must be shown on constriction plans approved by the Landscape Administrator. c. 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. d. POSTING TREE PROTECTION SIGN: After the tree permit is issued, the permit holder shall post a "tree protection sign" at each entrance to the property upon which one or more trees is situated, and at any other location designated by the Landscape Administrator. e. AUTHORITY FOR REVIEW: The Landscape Administrator shall be responsible for reviewing all requests for tree permits submitted in accordance with the requirements specified herein. f ACTION ON PERMIT APPLICATION: The Landscape Administrator or the Tree Board shall grant a tree permit based on a City Council approved Tree Conservation Plan (when applicable) or based on the criteria FINAL DRAFT December 28, 2005 14 Southlake Tree Preservation Ordinance & Technical Manual established under Section 6.0. g. DEFERRAL OR APPEAL TO TREE BOARD: If the application for a tree permit is not in conjunction with a development application, the Landscape Administrator /Administrative Official may defer the approval of a tree permit to the Tree Board for any reason. A person aggrieved by a decision of the Landscape Administrator /Administrative Official may appeal the decision to the Tree Board. The decision of the Tree Board shall be final. 7.3 EXEMPTIONS The following tree(s) shall be exempt from all the provisions of this ordinance: a. Any tree that endangers the public health, welfare, or safety and 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. Alteration of such a tree shall be limited to the portion of the tree reasonably necessary to reestablish and maintain reliable utility service. Exempt Trees Prowted Trees %." ne / 00 Illustration depicting exempt and protected trees on AG zoned property. The entire critical root zone of the exempt trees shall be within 150 feet of the principal structure on the lot. c. The tree is 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. The tree is located on any residentially zoned property including SF20, SF30, SF1, R -PUD, RCS, TZD, DT, or RE on which there is a residence used as a home. However, prior to occupation as a residence, all residentially zoned lots shall be subject to the requirements of Section 8.2 of this Ordinance for all new construction. In addition, all areas designated as tree preservation areas in residentially zoned property and approved as a part of a Tree Conservation Plan shall not be exempt from the provisions of this ordinance. e. The tree is located on property which is zoned AG and being actively used for agricultural purposes or as a homestead, as long as the tree is located within a radius of 150 feet from the principal structure on the property or the owner's residence that is used as a homestead. FINAL DRAFT December 28, 2005 15 Southlake Tree Preservation Ordinance & Technical Manual 8.0 TREE REPLACEMENT AND TREE PROTECTION PROCEDURES FOR TREE PERMITS 8.1 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, with the following exceptions (See Table 3.0 for a summary): a. Tree Alteration for Public Utility Projects: All protected trees that the Landscape Administrator determines must be altered in order to install utility lines within public R.O.W. or 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 Landscape Administrator determines do not have to be altered shall be subject to the tree protection requirements but not to the tree replacement requirements. lal b. Selective Thinning and Removal of Underbrush: The Landscape Administrator may issue a single tree permit allowing the alteration of certain protected trees from a densely forested area when the Landscape Administrator determines that selective thinning is being done in a professionally ie accepted manner that will enhance the environment and the likelihood of survival of the remaining trees. If the Landscape Administrator 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 Landscape Administrator may issue a permit allowing the clearing and grubbing 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 mowers. The use of dozers, loaders, or other moving equipment to clear or grub may be permitted by the Landscape Administrator. c. Clear- Cutting of Trees on AG Zoned Property: The City Council shall make the determination based on the Tree Board and Landscape Administrator's recommendation on whether to allow the clear- cutting of protected trees from property zoned FINAL DRAFT December 28, 2005 16 selective thinning and removal of underbrush Southlake Tree Preservation Ordinance & Technical Manual Tree Pruning Techniques NO i o BRANCH I' COLLAR f/ II t I I 1 / I YES When removing a branch, alivoys cut outside the branch bar1, ridge and collar. Do not mare a flush czrt 2. REMOVE LIMB UNDERCUT E STUB OUTSIDE U­ COLLAR [Aen removing heavy limbs, first make an undercut several inches outside of the collar. Then remove hml by a second cut an inch or so outside of the first cut. Remove stub with a third cutjust outside of the collar. Agricultural "AG ". Such a determination shall be made after the Landscape Administrator makes an on -site inspection of the property to be cleared and receives a written statement from the applicant describing the purpose and reason for the clear- cutting, but only if the Council determines that the clear- cutting is for a legitimate, agricultural reason. 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. 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. This requirement runs with the land. Limited Tree Alteration on "AG" Zoned Property: The Landscape Administrator may issue a tree permit for the alteration of up to seven protected trees per calendar year on property zoned Agricultural "AG" and being actively used for agricultural purposes. If the Landscape Administrator 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 per calendar year are not included under this section and will require tree permits and must comply with tree replacement and tree protection requirements. e. Alteration of Diseased, Damaged, or Hazardous Trees: The Landscape Administrator may issue a tree permit for any tree that is diseased, infected, or damaged beyond the point of recovery, or in danger of falling as determined by the Landscape Administrator prior to the alteration of the tree. A diseased or hazardous tree may be altered by the City or an individual to reduce the chance of spreading the disease to adjacent healthy trees or to protect the healthy, safety, and welfare of the general public. If the Landscape Administrator issues such a permit, the protected trees covered by the permit shall be exempt from the tree replacement and tree protection requirements. Pruning: The Landscape Administrator may issue a tree permit to allow pruning of a protected tree that is necessary to allow demolition of an existing structure, or to allow FINAL DRAFT December 28, 2005 17 Southlake Tree Preservation Ordinance & Technical Manual constriction of a structure as permitted on an approved site plan. If the Landscape Administrator issues such a permit, the protected tree covered by the permit shall be exempt from the tree replacement and tree protection requirements under Section 8.0 of this ordinance. For all other pruning for which a tree permit is required, Sections 8.4, 8.7, and 9.0 shall apply. Table 3.0 Application of Tree Replacement and Tree Protection requirements by Project Type Project Type Tree Tree Replacement Protection Applies? Applies? Public Utility Projects Trees must be altered to install utility lines in public ROIi' or No No utility easements Trees within R -O -W that do not need to be altered No Yes Selective Thinning and Removal of Underbrush No No Diseased, Damaged, or Dangerous Trees No No AG Zoned Property Clear cutting for agricultural reasons (City Council approval No* No required) Removal of up to 7 trees /calendar year on land used for No No agricultural purposes Tree alteration other than clear cutting or removal of 7 Yes Yes trees /calendar year All New Development Trees that must be altered to install required utility Lines within No ** No* public ROyP or public utility or drainage easements based oil the approved Concept Plan, Development Plan, Site Plan, or Preliminary Plat, or to install required fare lanes, parking areas and building pad sites as shown on an approved Site Plan Trees in the areas described above that the Landscape No Yes Administrator determines do not need to be altered Trees in all other areas of the development Yes Yes New Single Lot Residential Development Trees within building pad site, driveways, public sidewalks, patios, No No septic tank and lateral lines, parking area, and pool and associated deck (based on the approved conceptplan, developnientplan, plat, orbuildingplan) Trees not in any of the areas described above Yes Yes Pruning Pruning is necessary to allow construction or demolition of a No No structure Pruning for other purposes Yes Yes All other conditions Yes Yes *Unless land ceases to be used for agricultural purposes within five years. * *Mitigation for parking applies when provided parking exceeds required parking FINAL DRAFT December 28, 2005 18 Southlake Tree Preservation Ordinance & Technical Manual 8.2 NEW DEVELOPMENT Applications for all new development (residential and non residential) shall submit a Tree Conservation Plan application in conjunction with the corresponding development application as established in Table 1, Section 7.1. Such a Tree Conservation Plan shall be approved by City Council before a Tree Permit is granted for all new development. a. All protected trees that are needed to be altered to constrict the required and permitted improvements based on the City Council approved Tree Conservation Plan are exempt 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. b. Any protected trees within areas identified for improvements that the Tree Consen ation Plan or the Landscape Administrator determines do not have to be .:rd altered shall be subject to the tree protection requirements listed in Section 8.7 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 only if 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 developer may be required to mitigate any trees previously removed if the Landscape Administrator determines that the removal of the trees would not have otherwise been required. e. Single Lot Residential Development: Prior to the issuance of an earth disturbance permit for a single lot residential FINAL DRAFT December 28, 2005 19 Southlake Tree Preservation Ordinance & Technical Manual development, the Landscape Administrator shall ensure the following: i. Whether 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. t\ 1 ' / � , G,.. s °• S .wA -�•- .,;�. ; � ter... --� , 1 f F kp i Backfill with Native Soil 3" Mulch Layer Typical Tree Planting Detail All tree planting or replanting shall follow the above recommended method 8.3 TEMPORARY ACCESS AND CONSTRUCTION EASEMENTS: An owner of a property shall not grant a temporaiv access or construction easement or other right of access across his/her property for purposes of construction of approved infrastructure or development activity without the approval of the Landscape Administrator if such easement or right of access intersects or comes closer than ten (10) feet of the critical root zone of a protected tree. Such an easement shall be approved by the Landscape Administrator only if the easement is the only reasonable means of access to the property being developed. The Landscape Administrator 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 being developed. Landscape Administrator approval of such an easement shall be required even if the property granting the easement is under the same ownership as the property being developed. 8.4 TREE REPLACEMENT PROCEDURES GENERALLY: If required by Section 8. 1, 8.2, and 8.3 above, the following procedures shall apply to any person who alters a protected tree for which a permit is required. a. TREE REPLACEMENT: If a person alters a protected tree for which a permit is required, the person shall replace the protected tree with a quality tree as designated in the Landscape Ordinance and approved by the Landscape Administrator. This tree replacement requirement is not meant to supplant good site planning. Tree replacement will be considered only after all FINAL DRAFT December 28, 2005 20 Southlake Tree Preservation Ordinance & Technical Manual design alternatives which could save more existing trees have been evaluated and reasonably rejected. Size and Number: A sufficient munber of trees shall be planted to equal or exceed, in caliper, the diameter of each tree altered, measured at 4.5' above ground level. Each replacement tree shall be a minimum of 3" caliper at one foot above ground level, and seven feet in height when planted. ii. Location: Each replacement tree should be planted on the same property as the tree which was altered. However, if the replacement tree cannot be planted on the same property in accordance with universally accepted arborists' standards, the Landscape Administrator may permit any or a combination of: 1. 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. 2. require replacement on public property, or 3. require payment to the Reforestation Fund in accordance with Section 8.5, below. b. Responsibility for Replacing Trees: The Landscape Administrator will determine the agent responsible for replacing the trees, the time of replacement, and the location of the replacement trees. The requirement to replace trees shall run with the land. c. Delayed Replacement: If the Landscape Administrator approves the planting of replacement trees more than 90 days after the alteration of protected trees if the applicant provides the city with a surety bond for an equivalent amount to be paid to the Reforestation Fund in case the applicant FINAL DRAFT December 28, 2005 21 Southlake Tree Preservation Ordinance & Technical Manual does not plant the replacement trees or pay into the reforestation fund: (1) within six (6) months of the date of approval of such delayed planting or payment, or (2) the date of issuance of the first certificate of occupancy on any portion of the subject property, or (3) other date as agreed in the Council approved Tree Conservation Plan. d. Duration: A replacement tree that dies within three years of the date it was planted must be replaced by another replacement tree. This requirement nuns with the land. 8.5 REFORESTATION FUND: If required by the Landscape Administrator, the applicant, instead of compliance with Section 8.4, above, shall make a payment into the Reforestation Fund or other specifically dedicated fiend. The fiords shall be used only for purchasing and planting trees on private property approved by the Landscape Administrator 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. a. The amount of the payment required for each replacement tree shall be calculated based on a schedule published and reviewed annually by the City Council which sets forth the average cost of a quality tree added to the average cost of planting a tree. b. The Reforestation Fund Administrator shall submit quarterly reports to the City Council of the deposits and disbursements from the Reforestation Fund. 8.6 OFFENSE: A person commits an offense if the person fails to replace a tree or make a payment in accordance with the Landscape Administrator's direction pursuant to this Section 8.5. 8.7 TREE PROTECTION PROCEDURES GENERALLY: If required by Section 8.1 and 8.2, above, the following procedures shall apply to protect any protected tree for which a permit is required. All trees that are not adequately protected using these procedures shall be subject to the Tree Replacement requirements under Section 8.4. FINAL DRAFT December 28, 2005 22 Southlake Tree Preservation Ordinance & Technical Manual a. CONSTRUCTION PLAN REQUIREMENTS: All construction plans shall include the requirements listed in the Tree Technical Manual. b. PROHIBITED ACTIVITIES IN CRITICAL ROOT ZONE: The following activities are prohibited within the limits of the critical root zone of any protected tree subject to the requirements of this ordinance. i.. Material Storage: No materials intended for use in construction or waste materials accumulated due to excavation or demolition shall be placed within the limits of the critical root zone of any protected tree. ii. Equipment Cleaning/Liquid Disposal: No equipment shall be cleaned or other liquids deposited or allowed to flow overland within the limits of the critical root zone of a protected tree. This includes, without limitation, paint, oil, solvents, asphalt, concrete, mortar or similar materials. iii. Tree Attachments: No signs, wires or other attachments, other than those of a protective nature, shall be attached to any protected tree. Fencing attached to a tree via "U" nails or bent nails is allowed only if the fencing is parallel to and contiguous with the tree. iv. Vehicular Traffic: No vehicular and/or construction equipment traffic or parking shall take place within the limits of the critical root zone of any protected tree other than on existing street pavement. This restriction does not apply to single incident access within the critical root zone for purposes of clearing underbrush, establishing the building pad and associated lot 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 construction methods are approved by the Landscape Administrator. vi. Impervious Paving: No paving with asphalt, concrete or other impervious materials that may reasonably be FINAL DRAFT December 28, 2005 23 Southlake Tree Preservation Ordinance & Technical Manual expected to kill a tree shall be placed within the limits of the critical root zone of a protected tree except as otherwise allowed in this Ordinance. c. PROHIBITED ACTIVITIES IN DRIP - LINE: 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 constriction site without the specific approval of the Landscape Administrator. d. PROCEDURES REQUIRED PRIOR TO CONSTRUCTION: The following procedures shall be followed on all types of constriction projects (including residential, commercial, and municipal / public domain projects). Protective Fencing: Prior to construction, the contractor or subcontractor shall construct and maintain, for each protected tree on a construction site, a protective fencing which encircles the outer limits of the critical root zone of the tree to protect it from construction activity or in cases of heavily wooded sites, as approved by the Landscape Administrator. All protective fencing shall be in place prior to commencement of any site work and remain in place until all exterior work has been completed. Protective fencing shall be at least four (4) feet high, clearly visible, and shall have a tree protection sign that is clearly visible by workers on the site affixed to the fence every twenty (20) feet. The use of snow fencing and 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 of chain link or other similar metal or 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 of sufficient height and strength to reasonably prevent access to the protected area. In all instances, FINAL DRAFT December 28, 2005 24 �_ a1�Sk- Image of a 01)ical Tree Protection Fence Southlake Tree Preservation Ordinance & Technical Manual 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 constriction. Such a fence shall be installed and maintained by the owner and/or contractor for the duration of the constriction. ii. Bark Protection: In situations where a protected tree remains in the immediate area of intended construction and the Landscape Administrator 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 2" x 4" 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 (Refer to the Tree Technical Manual for details on bark protection). e. CONSTRUCTION METHODS: Boring: Boring of utilities under protected trees 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 length of the bore shall be the width of the critical root zone at a minimum and shall be a minimum depth of 48 inches. linage showing Trenching versus Boring for utilities. Boring is recommended over trenching to maximize tree root protection. ii. Grade Change: In situations in which the Landscape Administrator 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: All trenching shall be designed to avoid trenching across the critical root zone of any protected tree, unless otherwise approved by the Landscape Administrator or exempted from this ordinance. Trenching within the critical root zone shall require 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 FINAL DRAFT December 28, 2005 25 Southlake Tree Preservation Ordinance & Technical Manual root zone, except the minimum number of single head supply lines required to irrigate within the critical root zone which are allowed within the critical root zone. Any such irrigation line shall be installed along a horizontal line that bisects the tree trunk, in the manner that has the least possible encroachment into the critical root zone, and that extends no fiirther into the critical root zone as is necessaiv to provide proper irrigation. iv. Root Pawing: 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. 9.0 TREE PRUNING 9.1 OFFENSE: A person commits an offense if the person alters or significantly disfigures a protected tree by pruning. 9.2 PERMIT REQUIREMENTS FOR PUBLIC UTILITIES: Unless pruning is requested by the owner of the tree or exempted from this 4. Ordinance pursuant to Section 7.3 herein, the public utility shall obtain a tree permit before beginning any pruning (regardless of whether the pruning will alter or significantly disfigure the w� tree). 9.3 PRUNING TECHNIQUE: When allowed, all pruning shall be conducted in accordance with universally accepted arborists' standards and the recommendations contained in herein. 9.4 REQUIRED PRUNING: The owners of all trees adjacent to and within all public R.O. W shall be responsible for the maintenance of such street trees. Owners shall maintain a minimum clearance of ten feet (10') above the traveled pavement or curb of a public street. Such owners shall promptly remove all dead, diseased or dangerous trees, or broken or decayed limbs which may constitute a threat or danger to the safety of the public (see Section 7.3 for exemptions). 9.5 TREE TOPPING: It shall be unlawful for any person to top any tree without having a tree permit approved by the Landscape FINAL DRAFT December 28, 2005 26 Southlake Tree Preservation Ordinance & Technical Manual Administrator, unless an exemption listed in Section 3.3 of this Ordinance applies. However, if the Landscape Administrator determines that topping the tree is necessary because the tree has been severely damaged by storms or other causes, or is tinder utility wires or other obstructions, making other pruning practices impractical, the Landscape Administrator may issue a tree permit allowing topping of the tree. / `1 1 Minimum spacing from tersecting curl Illustration showing hoij the minimum distance from the intersecting curb is measured. Street Typology - , Ahnimuni distance to intersection street curb Regional Boulevard 40 feet Boulevard 35 feet Avenue 30 feet Rural Road 30 feet Main Street 25 feet Residential Street 25 feet * Measured from the point of nearest intersecting curbs or curblines to the center of the tree. 9.6 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 not permitted 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 Landscape Administrator, 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. 10.0 TREE PLANTING AND REMOVAL STANDARDS 10.1 ACCEPTABLE TREES: The Landscape Administrator shall maintain a list of trees acceptable for planting on public property or on private property to meet tree replacement requirements. Trees other than those listed as acceptable may only be planted upon written approval of the Landscape Administrator. 10.2 STREET TREE SPACING: The spacing of street trees will be in accordance with recommendations of the Landscape Administrator. The street tree spacing limitations from the nearest intersecting curb shall apply based upon the street typology designation. 10.3 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. FINAL DRAFT December 28, 2005 27 Southlake Tree Preservation Ordinance & Technical Manual 10.4 PERMIT REQUIRED: A person, other than an agent of the City, must obtain a tree permit before the person may prime, treat, remove, damage, or destroy a street or park tree (regardless of whether it is a protected tree and regardless of whether if is significant enough to "alter" the tree) within the City. 10.5 A person commits an offense if the person: a. plants any required replacement tree within an area such that the mature canopy of the tree will interfere with existing or proposed overhead utility lines; b. plants any required replacement tree or street tree within an area such that the mature critical root zone of the tree will interfere with existing or proposed underground public utility lines (including water lines, sewer lines, transmission lines or other utilities), or such that the installation and /or maintenance of such utility lines will, in reasonable probability, require activity in the mature critical root zone of such tree, c. plants a tree in such a manner that any part of the tree blocks a designated sight triangle area (vertical and horizontal) tuiless approved by the Landscape Administrator, d. plants a tree within ten feet (10') of an existing or proposed fire hydrant unless approved by the Fire Department. 11.0 PENALTY FOR VIOLATION 11.1 Any person who: (1) violates any section this Ordinance by altering a protected tree not in compliance with an approved Tree Permit, or by altering trees in violation of the permit, or (2) violates Section 8.4 or 8.7 of this Ordinance by failing to follow the tree replacement and /or tree protection procedures, shall: a. be assessed a penalty by the Landscape Administrator equal to Two Hundred Dollars ($200.00) per diameter inch of the tree(s) altered, and b. 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 One Thousand Dollars ($1,000.00) per incident. c. Each violation shall be considered a separate incident and each incident subjects the violator to the maxinmum penalty set forth herein. 11.2 Any person who violates any other provisions of this ordinance shall be guilty of a misdemeanor and upon conviction hereof shall be fined not to exceed One Thousand Dollars ($1,000.00) for each incident. Each violation shall be considered a separate incident and each incident subjects the violator to the maximum penalty set forth herein for each tree. 11.3 A person is both civilly and 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, if such person fails to inform the agent, representative or contractor of the terms of this ordinance, or requests or encourages or conspires with such agent, representative, or contractor to violate this ordinance. A owner of property on which protected trees are located is civilly liable for a violation of this ordinance if the person's agent, representative, or contractor alters, or permit or causes to be altered, a protected tree without complying with the requirements of this ordinance unless the owner adequately informed the person performing such alteration of the terms of this ordinance, and the owner did not participate in, request, or encourage the alteration or other violation, or conspire with the person committing such violation. 11.4 A violation, penalty, or requirement of this ordinance that is not rectified within 90 days or a time period determined as reasonable by the Landscape Administrator shall become a lien on the subject property. FINAL DRAFT December 28, 2005 28 Southlake Tree Preservation Ordinance & Technical Manual 12.0 ENFORCEMENT 12.1 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. 12.2 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: a. a copy of the tree preservation ordinance or a condensed summary of the relevant aspects pertaining to the type of permit requested; and b. a tree protection sign. 12.3 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 person pays all civil penalties for violations of this Ordinance or complies with Section 8.4 of this Ordinance; provided, however, that acceptance of public improvements and issuance of permits may be authorized if, with the Landscape Administrator's approval, the person furnishes the City with a cash deposit or surety bond in the approximate amount of the cost to replace the trees as established by the Landscape Administrator. Neither the acceptance of public improvements nor the issuance of any permits or certificates shall prevent the City from enforcing the terns of this ordinance. 12.4 CERTIFICATE OF OCCUPANCY: No Certificate of Occupancy ("C.O. ") shall be issued until all civil penalties for violations of this ordinance have been paid to the City. No Certificate of Occupancy shall be issued until all replacement trees have been planted or appropriate payments have been made to the Reforestation Fund: provided. however, that a Certificate of Occupancy may be granted before all trees have been replaced if, with the Landscape Administrator's approval, the person furnishes the City with a cash deposit or surety bond in the approximate amount of the cost to replace the trees. 13.0 APPEALS AND VARIANCES 13.1 Appeals. Only decisions by the Landscape Administrator under this ordinance may be appealed to the Tree Board by any person, agent, or representative affected by such decision. Such appeal must be received in writing within ten (10) days after the decision has been rendered or post - marked date if the decision was sent in U. S. Mail to the property owner on record. Such appeal must be made to the Administrative Official with a copy to the Landscape Administrator 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. 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 Landscape Administrator was in accordance with all the provisions of this ordinance. The decision of the Tree Board shall be final. All City Council approved Tree Conservation Analyses and Plans cannot be appealed to the Tree Board. Rather, any significant change to an approved Tree Conservation Analysis or Plan shall be considered a change in the corresponding concept, development, or site plan or plat and shall be processed as such. 13.2 Variances. The City Council may authorize variances to any restriction set forth in 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 Section 7.0 and the following factors shall be considered in evaluating the variance request: FINAL DRAFT December 28, 2005 29 Southlake Tree Preservation Ordinance & Technical Manual a. Whether a literal enforcement of the ordinance will create an undue hardship or an unreasonable practical difficulty on the applicant, b. Whether the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self - imposed; c. Whether a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; d. Whether the variance will injure or be wholly compatible with the use and future or existing development of adjacent properties; e. Whether the increased development costs caused by preserving the tree create an undue hardship on the development of the site, f Whether there is any identified adverse effect of the alteration or preservation on erosion, soil moisture retention, flow of surface water, and drainage systems: g. Whether there is any substantial impact to the buffering of residential areas from the noise, glare, and visual effects of non - residential uses; h. The costs versus the benefits of relocating required utility service infrastructure and easements based on preservation or alteration of protected trees, i. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree; j. Whether the alteration adversely affects the public health, safety or welfare: and k. 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. 14.0 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. 15.0 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. 16.0 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. 17.0 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 FINAL DRAFT December 28, 2005 30 Southlake Tree Preservation Ordinance & Technical Manual 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. 18.0 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. This ordinance shall not apply to any development or construction activity performed pursuant to a building permit for which an application was made prior to the effective date of this ordinance. For such development or construction, the requirements of Ordinance 585 -B shall continue to apply. FINAL DRAFT December 28, 2005 31 Southlake Tree Preservation Ordinance & Technical Manual III. APPENDIX A Requirements for Alternative to Tree Surveys and Tree Surveys Requirement Alternative to a Tree Survey Tree Survev 1. Appropriate title Yes Yes 2. Title Block with project name, address, lot and block number, subdivision, Yes Yes city, and date of preparation 3. North arrow, graphic, and written scale no larger than F = 200 Yes Yes 4. Prepared by licensed surveyor, landscape architect, or other person as No Yes approved by the Landscape Administrator 5. Name, address, contact information of the owner and the person preparing Yes Yes the document 6. Location of all R -O -W lines, property lines, and easements (easement Yes Yes locations required for tree surveys onl 7. Identification of areas with environmental constraints including tree stands, Yes Yes creeks, steep grades over 5%), view sheds, ponds, wetlands, etc. 8. Aerial photography of the site showing existing tree canopy on the site Yes No clearly 9. All individual trees shown on aplan tied by horizontal control (i.e. No Yes dimensions from lot lines, or placed through coordinates determined via a site survey 10. Tree preservation areas as identified by a Tree Conservation Analysis or Yes Yes Tree Conservation Plan 11. All individual protected trees shown with the caliper size and species No Yes 12. All protected tree stands with average caliper sizes of trees and species Yes No distribution 13. Location of all improvements proposed on the lot (buildings, parking lots, Yes Yes p ools, etc. 14. Areas of cut and fill, if anv, on the site No Yes 15. Final grading and drainage plans No Yes 16. Status of all individual trees on the lot after proposed improvements have No Yes been made (trees that protected, removed, or can possibly be saved based upon site specific conditions 17. General status of tree stands on the lot after proposed improvements have Yes No been made (trees that protected, removed, or can possibly be saved based upon site specific conditions) 18. Identification of existing vegetative buffers adjoining existing development Yes Yes 19. Stream/creek buffers, if anv Yes Yes 20. 2 -foot contours Yes No . Required for site plans only. FINAL DRAFT December 28, 2005 32 A y Z � I1 � a w O C. YE W - -- a \ �r _3'fl 2P 6 pl Q Q 4- N q ` n O N Z Z r `- 0 L m r V 0 } 1d'bs 000'9 J E+ �3NOZ 1 snbN uiczSS -Z "+ J h} \ ��Ntl8J�151a Q� q 1 3� J a1 ! I Q. 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Appendix C VISUAL GUIDE OF PROTECTED TREES IN SOUTHLAKE 4 # yr FINAL DRAFT—December 28, 2005 35 A VISUAL GUIDE OF PROTECTED TREES IN SOUTHLAKE This document is a visual guide of the most commonly found protected trees in the city of Southlake. This guide is not intended to be all inclusive but is intended to assist users in identifying and selecting the right tree to meet the requirements of the city's Tree Preservation Ordinance. This guide is divided in to two main sections: the first section deals with shade and canopy trees and the second section deals with accent /understory trees. 1. SHADEXANOPY TREES Bur Oak Chinquapin Oak- Post Oak Pecan Bald Cypress Appendix C 36 t isual Guide of Protected Trees Red Oak Blackjack Oak Lace Bark Elm Live Oak Golden Rain Tree Chinese Pistachio Cedar Elm Blackjack Oak Botanical Name: Quercus marilandica Growth Habit: Slow Mature Size: Medium 25' to 40' tall, 15' — 40'spread The Blackjack Oak is one of the smaller Oaks, rarely reaching 60 feet, most commonly 25 to 40 feet, with a trunk diameter of 2 feet. The bark is reddish brown, usually nearly black, and has furrow and broken ridges. The leaves are thick and broad, dark green above, and paler beneath. They are 4 -6 inches long and wedge- shaped with three bristle - tipped lobes at the wide tip. The acorn is globular, with a top- shaped cup covering half the nut that is about 3/4 inch long. The canopy is rounded, with lower branches hanging downward. Blackjack oak grows on poor, dry, and rocky or sandy soils. It is a relatively short lived, slow growing species that cannot grow in shade. It is drought tolerant, has dark green leaves, and pleasing brown fall color, but it is intolerant of poorly draining or compacted soils. Appendix C 37 t isual Guide of Protected Trees Bur Oak Botanical Name: Quercus macrocarpa Growth Habit: Moderate to fast Mature Size: Large 60' to 80' tall, 30' to 50' spread. Bur Oak is one of the most widely adaptable oaks and native to Southlake. It is a large rounded tree with bold limbs and thick trunk. The leaves are large and deep dark green turning yellow -brown in the fall. The acorns can be up to 2" in size and have a thick mossy cap. Because of its large size it is best suited for large yards to provide it with room to develop. Aphids, spider mites and sooty mold occasionally affect it but are not serious. Appendix C 38 t isual Guide of Protected Trees Chinquapin Oak Botanical Name: Quercus muhlenbergii Growth Habit: slow to moderate Mature Size: Large 40' to 60' tall, 30' to 50' spread. Chinquapin Oaks grow naturally in the Dallas -Fort Worth area on either limestone outcroppings or in moist bottomlands although they are not very common. They are more prevalent to the North, West and South of the Fort Worth Metroplex area. They can grow very big but in most conditions stay about the same size as our native Post Oaks in either an up right or spreading form depending on its planted location. Chinquapin Oaks have a unique leaf which can grow fairly large, and is dark green and glossy giving the tree a thick lush look. Chinquapin Oaks also sometimes have exfoliating bark on their trunk and branches and as the tree grows older and larger gives it a big burly look adding to the lushness of its leaves. They have very few problems but can sometimes be difficult to transplant and become established. These plants are relatively slow - growing as younger plants, becoming massive with age. Fruit which is borne heavily every three to five years is less a problem with this oak than most since the fruit is smaller and secondly, more sought after as a food source than other oaks. The preference of animals for the fruit of this plant has made it difficult for the nursery industry to get seed reliably. The ability to prosper on dry sites and withstand construction activity also contributes to its value in the urban scene. Appendix C 39 t isual Guide of Protected Trees Live Oak Botanical Name: Quercus virginiana Growth Habit: Moderate Mature Size: Medium 40' to 50' tall, 40' to 60' spread. This is a spreading evergreen shade tree with small glossy leaves and small dark brown glossy acorns. It is easy to establish in almost any soil and comes in both single and multi -trunk form. If left unpruned it has a dense branching pattern and can sometimes be hard to maintain. Once well established it is relatively drought tolerant. Appendix C 40 t isual Guide of Protected Trees Post Oak Botanical Name: Quercus stellata Growth Habit: Slow Mature Size: Large 40' to 60' tall, 35' — 50'spread Post Oaks occur in all areas of Texas except the High Plains and Trans - Pecos. A shrub or tree ranging from 20 to 75 feet tall with stout limbs and a dense rounded canopy, it grows in dry, gravelly, sandy soils and rocky ridges. It often grows along with Blackjack Oak, and like it has been considered an indicator tree of poor soils when seen in native conditions. It is extremely sensitive to root disturbance and lack of oxygen in the root zone, so construction activities that compact the soil, pave over the roots, or change the soil grade can kill existing trees, as can overwatering, such as when a lawn has been planted around an existing tree. Post Oak leaves have a distinctive cross shape, the bark is thick with platelike scales. Post oaks are not sold commercially since they grow too slowly and their transplant survival is too poor for the nurseryman to deal with. So, priority should be placed on preserving all naturally growing post oaks found on site. Appendix C 41 t isual Guide of Protected Trees Red Oak Botanical Name: Quercus shumardii or Quercus texana Growth Habit: Moderate to fast Mature Size: Large 50' to 70' tall, 40' to 60' spread. Red Oaks are great trees with outstanding fall color of brilliant red and yellows. They come in many shapes and sizes from conical with central leaders to wide spread and multi - trunked depending on their species. Their leaves and acorns also vary from species to species. Texas Red Oaks generally have smaller leaves and smaller brown acorns that are sometimes striped and are most always smaller in growth stature. Shumard Red Oaks have larger, wider leaves that range from pale to dark green and large green acorns which turn solid brown as they mature and are generally faster growing and larger than Texas Red Oaks. Often in the nursery trade Red Oaks are mixed crossbreds with Southern Red Oak (Quercus falcate) and /or Pin Oaks (Quercus palustris), both which will not grow well in the Southlake area. Your best bet is try to purchase either a true Shumard Red Oak or a Texas Red Oak. Appendix C 42 t isual Guide of Protected Trees Cedar Elm Botanical Name: U nnis crassifolia Growth Habit: Moderate Mature Size: Large 60' to 80' tall, 30' to 50' spread. Cedar Elms are a wide spread native to the North Texas Area. They are one of the most prevalent growing trees in the Southlake area and sometimes consist on a site in entire stands. In Southlake, they mostly grow on higher grade elevations and rocky sandstone sites. They are one of the most adaptable trees available and make excellent street trees and trees for restricted sites where you need height from a tree. In the nursery trade Winged Elms, which for some reason do not seem to grow very well in Southlake, are often mistaken for Cedar Elms. Although when young, both trees sometimes have corky wing structures on their stems, you can differentiate the two by rubbing a few of their leaves. The top of a Cedar Elms leaf will be rough like sand paper and a Winged Elms leaves will generally be smooth and slick. Most Cedar Elms generally have no problems but sometimes they can develop aphids, spider mites, sooty mold and mistletoe. Appendix C 43 t isual Guide of Protected Trees Lace Bark Elm Botanical Name: Ulmus parvifolia sempervirens Growth Habit: Fast Mature Size: Large 40' to 60' tall, 30' to 40' spread. A native to China, this tree is often called Drake elm. It has a distinctive patterned bark that gives the tree its name. It often fairs better in old age than the American elm. Lace bark is easy to care for and is a striking yard or street tree. It can reach a height of 50 feet. Lace bark elms are deciduous to semi - evergreen, moderate to rapid growth to 30 to 50 feet tall and wide (9 -15 m); attractive grey and orange flaking bark; 0.7 to 2.5 inches long elliptic toothed leaves (1.7 -6.2 cm), turning yellow or reddish in the fall. They need regular water, moist, well drained soil, tolerates poor soil. Lace bark elms are tough durable trees; easy to transplant; good street tree; resistant to Dutch elm disease and air pollution; great variability among seedlings. c iti-,- .austinsmartliomeservices.com Appendix C 44 t isual Guide of Protected Trees Pecan Botanical Name: Carya illinoiensis Growth Habit: slow to moderate Mature Size: Large 70' — 100' tall The pecan is a large tree native to North America. It bears sweet edible nuts, deep brown in color, that range from 1 to 2 inches in length. The mature pecan tree is usually 70 to 100 feet tall, as shown above, but can grow as tall as 150 feet and higher. The native pecan trees shown are estimated to be over 150 years old. Their trunks are more than three feet in diameter. Texas is the largest producer of native pecans, and is second only to Georgia in the production of hybrid (orchard grown) varieties. The pecan became the Texas state tree by act of the Texas Legislature in 1919. The disadvantage of pecan is they require care in the form of foliar sprays of fungicides insecticides and zinc to be successful either as a landscape tree. The pecan is susceptible to several foliage and nut diseases. Varieties planted in the landscape, should be disease resistant and productive. Even with resistant varieties, there will be a need to spray the trees 2 -4 times a year to control the insects. Appendix C 45 t isual Guide of Protected Trees Bald Cypress Botanical Name: Taxodium distichum Growth Habit: moderate Mature Size: Large 50' — 75' in height and 20' wide Used as a specimen or in small groves, particularly in wet areas. Makes a good dense screening and windbreak plant. Bald cypresses are unusual and interesting trees often growing over 100 ft. in height. They are broadtopped in the wild, but young and middle - aged trees are pyramidal. Looks like an evergreen but is actually a deciduous tree and drops its leaves in the fall. Foliage is lacey and yellow- green, turning golden brown and then red before falling. Its bark is brown and fibrous similar to that of cedars. Good shade in summer and allows full sunlight after leaf fall in winter. No flowers, insignificant fruit. The wood of the bald cypress is fairly durable and has many uses in outdoor construction. Appendix C 46 t isual Guide of Protected Trees Chinese Pistachio Botanical Name: Pistacia chinensis Growth Habit: moderate to fast Mature Size: Medium 30' in height and 25' in width The Chinese Pistachio is highly recommended by horticultural experts. It is a medium sized ornamental tree from China and Taiwan that is extremely winter hardy and has a superior level of drought, heat and wind tolerance. This is the first shade tree to receive the coveted "Earth- Kind" designation from the Texas Agricultural Extension Service for its high levels of genetic resistance to insect and disease problems. It has extremely hard, durable wood which helps protect the tree from wind, ice and decay. It has a medium to fine textured foliage that remains an attractive deep green color during the growing season and a spectacular fall color in shades of orange, red, orange and crimson. In the summer female trees produce panicles of inconspicuous red dish flowers that are followed by small green berries that turn red to reddish - purple in the fall, which are relished by birds. Appendix C 47 t isual Guide of Protected Trees Golden Rain Tree Botanical Name: Koelreuteria paniculata Growth Habit: Moderate Mature Size: Medium 20' to 30' tall, 15' to 20' spread Golden rain tree is a fast - growing, deciduous tree reaching about 30' in height. At maturity, it has a rounded crown, with a spread equal to or greater than the height. It has compound leaves that give it an overall lacy appearance. The leaves turn yellow before falling. The bark is light gray -brown and becomes furrowed with age. Golden rain tree is perhaps most striking in the fall with its large clusters of showy yellow flowers. These are followed by 2" red - purple seed pods, which are equally dramatic. The fruit is a papery three - compartment, bladder -like structure full of seeds. In warm climates seed is produced in great quantities and there are always seedlings beneath a mother tree. The tree is invasive under these conditions. Golden rain tree is best grown in cooler zones where the shorter growing season prevents formation of seed. Appendix C 48 t isual Guide of Protected Trees 2. ACCENT/UNDERSTORY TREES Vitex Mexican Buckeye Appendix C 49 t isual Guide of Protected Trees Red Bud Mexican Plum Eastern Red Cedar Eve's Necklace Crape Myrtle Vitex Botanical Name: Vitex agnus- castus Growth Habit: Moderate Mature Size: Small 15' to 20' tall, 10' — 25' spread. Vitex is native to Europe and Asia but has adapted to and fits in so well in the Texas landscape that it might as well be considered a native to Texas. It likes the full sun and is very drought tolerant once established. Although it is mostly seen in its multi - stemmed form, it can be easily grown into a small tree. The leaves of the Vitex are an interesting palmate; five leaflet structure that have a strong lavender smell when crushed. Both purple and white blooming varieties are available which produce spike florets that cover the tree in the mid to late summer. Appendix C 50 t isual Guide of Protected Trees Red Bud Botanical Name: Cercis Canadensis Growth Habit: moderate to fast Mature Size: Small 10' to 20' tall, 10' to 15' spread. Red Bud is the official tree of Southlake. It grows naturally throughout the eastern U.S. and Texas and is generally a forest understory tree. Its leaves are heart shaped and glossy green. It grows in sun or shade and can be grown as either a multi- stemmed or single trunk tree. Native ones bloom pinkish purple on bare branches in early spring. There are several different varieties available that have either smooth dull green or shiny crinkled edged leaves and bloom the standard pink or white. Appendix C 51 t isual Guide of Protected Trees Mexican Plum Botanical Name: Prunus mexicana Growth Habit: Moderate Mature Size: Small 15' tall, 10' to 15' spread. Mexican Plums are native to the North Texas area and along with Red Bud is one of the first ornamental trees seen blooming in the spring. Its flowers are bright white on bare branches before the leaves appear. As Mexican Plums mature their bark becomes somewhat exfoliating like a birch, with bands of dark bluish - purple -gray running horizontal around the trunk. They are generally easy to grow in any soil but can develop problems with bores when stressed and occasional eating of the leaves by insects. Mexican Plum is deciduous and leaves will turn yellow in the fall. The Mexican Plum can tolerate sun but does better with afternoon shade since it naturally grows as an understory plant. Mexican Plum does best in a deep well drained soil. Appendix C 52 t isual Guide of Protected Trees Mexican Buckeye Botanical Name: Botanical Name: Mature Size: Ungnadia speciosa Moderate Small 15' tall, 15' spread Mexican Buckeyes grow naturally north, south and west of Tarrant County. They have pinkish purple flowers that bloom in the spring and yellow fall color. Their leaves are compound somewhat like a Pecan but not as large. Mexican Buckeyes are generally multi- stemmed forming a somewhat cluster of skinny trunks. They are perhaps one of the best undiscovered Texas native trees. They grow in practically any soil, sun or shade, are very drought tolerant and have great flowers and interesting tri- seeded pods that hang on the branches in the winter. MR r Appendix C 53 t isual Guide of Protected Trees Eve's Necklace Botanical Name: Sophora affinis Growth Habit: Slow to moderate Mature Size: Small 30' tall and 20' spread depending on location. Eve's Necklace is often confused with Mesquite because of it slightly Mesquite looking compound leaves and it's interesting black bead like seed pods which it is name for. It blooms in the late spring with a wisteria -like flower and is closely related to the Texas Mountain Laurel (Sophora secundif.ora) of the Texas Hill Country. Eve's Necklace is native to Southlake but has mostly been removed because of development. They can grow either tall and slender, or short and wide depending on the location they are planted. They grow naturally as an understory tree among the native Post Oaks and Cedar Elms but establish very easily and grow excellent in the full sun areas and are extremely drought tolerant. Eve's Necklace is also one of the best Texas native secrets. Appendix C 54 t isual Guide of Protected Trees ,( Jeff Beck Eastern Red Cedar Botanical Name: Juniperus virginiana Growth Habit: Moderate to fast Mature Size: Medium 15' -20'+ in height and 6' -10' in width Eastern Red Cedar is native throughout the upper Midwest including north and east Texas. It is a very dense columnar ornamental that is excellent for wildlife habitat and as a windbreak. Foliage varies in shades of green. Foliage usually develops a purple to brownish cast during winter months. Trees are pyramidal in shape. Typical trees of the species are much larger and less dense in growth habit than are the selected cultivars that are usually planted in landscape situations. Eastern Red Cedars require full sun and a well drained soil for best results. Trees become quite open and leggy in shade. It is adaptable to a wide range of soil pH and tolerates dry, rocky soil. These trees are susceptible to cedar -apple rust. Appendix C 55 t isual Guide of Protected Trees Crape Myrtle Botanical Name: Lagistromia indica Growth Habit: Moderate to fast Mature Size: 6' -10' in height and 6' — 8' in width The deciduous crape myrtle is among the longest blooming trees in existence with flowering periods lasting from 60 -120 days. Crapes come in heights as short as 18 in (46 cm) and as tall as 40 ft (12 m). Leaves are alternate and smooth, but leaf size depends on variety. Flowers are borne in summer in big showy clusters and come in white and many shades of pink, purple, lavender and red. The fruits that follow are brown or black. When mature they dry and split releasing disk shaped seeds. Depending on variety, crapes grow as large shrubs or as trees that may be either upright or spreading. Large varieties are very fast growing and can put on several feet in a single growing season. Many types have interesting bark that exfoliates in thin flakes exposing lovely cinnamon or gray inner bark. Crapes tend to produce many suckers that should be removed as they appear if you want to maintain them as trees with distinct trunks. Crape myrtle likes moist soil, where it will grow exceedingly fast, but it tolerates dry conditions once established. Appendix C 56 t isual Guide of Protected Trees THE RIGHT TREE The trees that we plant provide immeasurable benefits to our properties and community. They provide oxygen and absorb carbon dioxide and other pollutants to help clean the air. They prevent erosion, help filter rain and ground water and provide food and shelter for wildlife. Most of all they add beauty and color to our surroundings. Choosing the correct tree to plant in the right place can sometimes be a very difficult decision. Most often man made or environmental factors mandate what species and type of tree you can choose. Factors such as location, soil type and pH, overhead power lines or underground utilities, other surrounding trees and vegetation, and purpose for planting the tree. Planting a tree is also a definite investment for the future. Throughout our lives we invest either money or time into something that means a lot to us or provides for our future or our families future. Planting a tree is no exception to this norm. Each tree planted is an investment in assuring for cleaner air, cleaner water, shade to cool our surroundings, food and shelter for wildlife, maintaining soil erosion, improved social well being, and of course jobs. Those who plant and maintain trees get the satisfaction of seeing something achieved in a short time and over a long time. Planting trees and watching them grow to maturity provides you with a sense of achievement that nothing else can provide. Appendix C 57 t isual Guide of Protected Trees