Item 7DCity of Southlake
Department of Planning
MEMORANDUM
January 11, 2006
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 a public hearing on the proposed Ordinance 585 -C
Conduct the 2" 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: Approved (6 -0) on January 3, 2006 (first reading)
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.
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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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
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Southlake Tree Preservation Ordinance & Technical Manual
IV. 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