Item 7ECity of Southlake
Department of Planning
MEMORANDUM
March 1, 2006
TO: Shana Yelverton, City Manager
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 proposed Ordinance 585 -C
Conduct a second 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 $2,000 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.
The attached final draft ordinance incorporates comments received
from the City Attorney's office. The changes made since the first
reading are generally limited to clarifications and vested rights.
FINANCIAL
CONSIDERATIONS: None
LEGAL REVIEW: Pending
CITY COUNCIL
ACTION: January 3, 2006, Approved Ordinance 585 -C on first reading (6 -0)
on
P &Z ACTION: December 8, 2005; Recommended approval (7 -0) of the
proposed Ordinance 585 -C.
ATTACHMENTS: 1. Proposed Ordinance 585 -C
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 TREE PRESERVATION
CRITERIA; PROVIDING REVIEW PROCESSES THAT INCLUDE
TREE CONSERVATION ANALYSES, TREE CONSERVATION
PLANS, AND TREE PERMITS; PROVIDING FOR A TREE
TECHNICAL MANUAL TO ILLUSTRATE AND ASSIST
PERSONS IN APPLYING THE ORDINANCE REQUIREMENTS;
AMENDING THE TREE PROTECTION AND REPLACEMENT
REQUIREMENTS; PROVIDING TREE PRUNING, TREE
PLANTING, AND TREE REMOVAL STANDARDS; PROVIDING
FOR ENFORCEMENT PROCEDURES AND CIVIL AND
CRIMINAL PENALTIES FOR VIOLATIONS; PROVIDING A
PROCESS FOR APPEALS AND VARIANCES; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas, is a home rule City acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Texas Local Government Code; and
WHEREAS, the Southlake City Council first adopted Ordinance 585 on June 15, 1993
with the goal of preserving trees and subsequently amended Ordinance 585 on December 16,
1997 and January 4, 2000, revising regulations relating to the protection of trees; and
WHEREAS, the Southlake City Council has determined that it is appropriate and in the
best interest of the City to promote the public health, safety, and general welfare of its residents
by amending Ordinance No. 585 -B as provided herein;
WHEREAS, the Southlake City Council has determined that amending Ordinance 585 -B
is required to implement the Tree Protection recommendations of the City's Comprehensive
Master Plan, the Southlake 2025 Plan; and
WHEREAS, the City council has given published notice and held public hearings with
respect to the amendment of Ordinance 585 -C as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
FINAL DRAFT 1 March 1, 2006
SECTION 1
Ordinance 585 -B, Tree Preservation Ordinance of the City of Southlake is hereby amended to
read as follows:
1.0 TITLE
This Ordinance shall be known as the City of Southlake Tree Preservation Ordinance.
2.0 FINDINGS
The Southlake City Council finds that:
2.1 Trees transpire considerable amounts of water, produce oxygen, and absorb carbon -
dioxide, thus reducing air pollution;
2.2 Trees have an important role in improving water quality by neutralizing pollutants in
ground water run -off,
2.3 Trees, through their root systems, stabilize the ground water tables, and play an
important and effective part in soil conservation, erosion control, and flood control;
2.4 Trees are an invaluable physical and aesthetic asset to development and make cities
more comfortable by providing shade, cooling the air and land, and reducing noise
levels and glare;
2.5 Trees provide critically needed habitat and food source for wildlife; and
2.6 For the reasons stated above, preservation of mature tree stands and environmentally
sensitive areas in conjunction with development 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;
FINAL DRAFT 2 _larch 1. 2000
3.3 Maintain and enhance a positive image for the attraction of new residences and
business enterprises to the City;
3.4 Protect healthy quality trees and promote the natural, ecological, environmental, and
aesthetic qualities of the City;
3.5 Implement the Environmental Resource Protection recommendations of the Southlake
2025 Plan; and
3.6 Maintain and enhance Southlake's identity as a Tree City USA.
4.0 APPLICABILITY
A person commits an offense if the person alters a protected tree without a permit, except
to the extent a permit is not required under Section 6.12 or Section 15 or 18 of this
Ordinance. Any person filing an application for development shall submit a Tree
Conservation Analysis and /or Tree Conservation Plan as required by this Ordinance before
a tree permit is issued.
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 director appointed by the City Manager
to administer this Ordinance, or the department director's designee.
AGRICULTURAL USE Any use on property zoned "AG- Agricultural" that is related to
active farming, livestock, or ranching, including using land as pasture or in the production
of crops, or horticultural products, the keeping of livestock, including but is not limited to
FINAL DRAFT 3 March 1, 2006
poultry and hoofed animals such as cattle, horses, goats, and sheep, for commercial or
noncommercial purposes, and the construction and maintenance of agricultural accessory
buildings.
ALTER; ALTERS; ALTERATION Any act which causes or may reasonably be expected
to cause a tree to die, including but not limited to, any of the following: Uprooting any
portion of the tree's root system; severing the main trunk of the tree; inflicting damage
upon the tree's root system by machinery, storage of materials, or the compaction of soil
above the root system of a tree; changing in the natural grade of the critical root zone of a
tree or uphill from the critical root zone of the tree so as to divert the flow of water to or
away from the critical root zone; applying herbicidal or other lethal chemicals to the tree or
any portion of the critical root zone of the tree; pruning of more than ten percent (10 %) of
the canopy or branches; placement of impermeable material over any portion of the critical
root system of a tree; and trenching within the critical root zone. A protected tree shall be
considered to be altered if one or more of the following occurs: more than twenty -five
percent (25 %) of the critical root zone is adversely affected, more than twenty -five (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) An official City acknowledgement that indicates
conformance with all applicable City regulations and authorizes the legal use and
occupancy of the premises for which it is issued.
CERTIFIED ARBORIST A specialist in the care of individual trees, knowledgeable about
the needs of trees, and trained and equipped to provide proper care of trees, and certified by
the International Society of Arboriculture as a Certified Arborist.
CLEAR - CUTTING The removal of more than ninety percent (90 %) of the trees within an
area of land.
CRITICAL ROOT ZONE: The area of undisturbed natural soil around a tree defined by a
horizontal circle drawn at grade with the center being the center of the trunk of the tree and
a radius equal to the distance from the trunk to the outermost point of the tree's canopy or
the drip line.
CUT/FILL Areas where the natural ground level has been modified either through
excavation (cut) or fill.
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DBH DIAMETER AT BREAST HEIGHT) The diameter of a tree trunk, or, in the case
of a multi -trunk tree, the total of the diameter of the largest trunk and one half ('/2) of the
diameter of each additional trunk, measured at a height of 4 '/z feet above the ground.
DRAINAGE FLOW The area uphill from a tree from which water drains or flows into the
critical root zone of that tree.
DEVELOPMENT Any construction activity for which a building permit or earth
disturbance permit is required under the ordinances of the City.
DEVELOPMENT REVIEW COMMITTEE (DRC) A committee comprised of City staff,
including the Landscape Administrator, charged with reviewing all development
applications to ensure compliance with all of the City's ordinances and regulations.
DRIP LINE The greater of the following: (1) a vertical line run through the outermost
portion of the canopy of a tree and extending to the ground, or (2) a circular area with a
radius of one -half ('/2) the height of the tree extending outward from the centerpoint of the
tree.
EARTH DISTURBANCE PERMIT An official authorization by the City to allow any
person(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 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 permanent deed restriction that limits development
of property or a transfer of an interest in property to a public or non - profit entity approved
by the City, duly recorded in the deed records of the County and binding on all subsequent
owners, for the purpose of protecting and preserving environmentally sensitive natural
resources, in which the landowner retains fee title to the property.
EASEMENT, PERMANENT The permanent transfer by plat or written instrument of an
interest in property or authorization by a property owner for the use by another, for a
specified limited purpose.
EASEMENT, TEMPORARY ACCESS An easement granting a right of access to
property that is adjacent to a property being developed to provide temporary access for
construction activities on the property being developed. The easement is granted only for
the period of the construction activity.
EASEMENT, TEMPORARY CONSTRUCTION An easement granting a right of use of
property that is adjacent to a property being developed to provide temporary access
required for the installation of required and approved utility lines and other infrastructure to
FINAL DRAFT 5 March 1, 2006
serve the property being developed. The easement is granted only for the period of the
construction activity.
EASEMENT, UTILITY OR DRAINAGE An area designated on any plat or other
instrument approved by the City for the location of utility lines or facilities for the flow of
stormwater.
ENVIRONMENTAL PRESERVE A natural open space reserved for land that is under
permanent conservation, such as areas in the flood plain, woodlands to be preserved,
creeks, water bodies, steep grades, and other environmentally sensitive lands, and including
land protected through conservation easements.
ENVIRONMENTAL RESOURCE PROTECTION (ERP) RECOMMENDATIONS AND
MAP Sections of the City's Parks, Recreation, and Open Space Plan, a component
element of the Southlake 2025 Plan that provides the policy guidance for the protection of
key environmentally sensitive resources in the City, and identify priority areas for the
protection of significant environmentally sensitive areas in the City.
FOOTPRINT An area not to exceed six feet (6') in all directions around 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.
MUNICIPAL/PUBLIC DOMAIN PROPERTY Property owned by a governmental entity
such as the City, county, state, federal government, school district or other such entity, such
as City Hall, public parks, Corps of Engineers property, public rights of way ( "R.O.W. "),
libraries, fire stations, and water tower, water treatment and other public works facilities.
OWNER Any person holding a legal or equitable interest in land, or a lessee, agent,
employee, or other person acting on behalf of such person.
PARKS, RECREATION, & OPEN SPACE MASTER PLAN The component element of
the Southlake 2025 Plan, the City's Comprehensive Master Plan which serves as the
community's blue print for the City's future parks and open space facilities.
FINAL DRAFT 6 March 1, 2006
PLANNING AND ZONING COMMISSION A volunteer citizen body appointed by the
City Council which is authorized to make recommendations on the physical development
of the City including land use, zoning, and transportation issues.
PROTECTIVE FENCING A physical and visual barrier installed around the critical root
zone of a protected tree as required by Section 8.8 of this Ordinance in order to prevent
damage to the tree and its root system.
REFORESTATION FUND The fund established by the City for the purposes of
implementing the environmental resource protection goals of the Southlake 2025 Plan
including:
a. educating the public on the aesthetic and health benefits of conservation and
environmental preservation;
b. planting, maintaining, and managing trees and landscaping on public property in the
City;
C. creating and expanding wooded property within the City;
d. purchase of conservation easements and /or environmental preserves; and
e. other similar purposes indicated in this Ordinance and as approved by City Council
REFORESTATION FUND ADMINISTRATOR The person appointed by the City
Manager to administer the Reforestation Fund.
SOUTHLAKE 2025 PLAN The City of Southlake's Comprehensive Master Plan, as
amended, as adopted by the City Council.
STREET TYPOLOGY MAP The component of the City's adopted Mobility & Master
Thoroughfare Plan, a component element of the Southlake 2025 Plan, showing street
typologies, which are overlay designations to the functional classification system of the
City's roadway network linking street functionality with design priorities for all street
types.
TREE Any self - supporting woody perennial plant which will normally attain a trunk
diameter of two inches or more when measured at a point four and one -half feet above
ground level and an overall height of at least fifteen (15) feet at maturity.
TREE BOARD A board appointed by the City Council to carry out specific duties and
responsibilities as set forth in Article 13 of this Ordinance. The Zoning Board of
Adjustment shall constitute the Tree Board unless the City Council appoints a different tree
board.
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TREE. CANOPY OR SHADE An evergreen or deciduous tree which when mature is
large (typically more than twenty -five (25) feet 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:
a. infected with a disease or a parasite making it reasonably likely that the tree will
either die within three (3) years or pose a significant threat of infecting other trees of
the same or similar species; or
b. damaged, in whole or part, to such an extent that either the tree is reasonably likely to
die within three (3) years; or
C. hazardous, in whole or part, to such an extent that it presents a significant danger to
the general public.
TREE, PARK Trees in public parks and all areas owned by the City to which the public
has access as a park.
TREE PERMIT The official authorization by the City required to alter any protected tree
not exempted by this Ordinance.
TREE PRESERVATION AREA An area identified on any plan approved by the City
Council denoting a significant tree stand(s) which is to be preserved during and after
development of that property.
TREE, PROTECTED Any tree which the City has determined typically has significant
positive characteristics worthy of preservation.
TREE PROTECTION SIGN A sign furnished by the City's building official which sign
describes prohibited conduct detrimental to trees.
TREE, STREET A tree on property located within a public and private right -of -way or
access easement, or adjacent to such right -of -way or easement and in front of the front
building or setback line.
FINAL DRAFT 8 Harch 1, 2006
TREE SURVEY A plan drawing that provides legend details about the location and
details of trees and contains the information set forth in the Appendix, including but not
limited to drawings by a licensed surveyor, a licensed architect, or, if less than twenty (20)
trees are involved, a person approved by the Landscape Administrator.
TREE TECHNICAL MANUAL The manual (including all Appendices) that contains the
text of this Ordinance and any graphic depictions, tables, or other illustrative material
created and approved by the Administrative Official to illustrate the requirements of this
Ordinance.
TREE TOPPING The 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, excluding
utility service lines.
Channels, ditches, creeks, detention/retention ponds, and other drainage improvements
shall constitute a utility line for purposes of this Ordinance only to the extent that such
improvement is required by the City or other public entity as an integral and necessary part
of an approved drainage plan, is located so as to avoid, to the greatest extent practical,
altering protected trees, and is approved by the Administrative Official.
Ponds, channels, creeks, or other bodies of water intended or created primarily for
decorative, scenic, or recreational purposes shall not constitute a "utility line" for purposes
of this Ordinance, unless such improvement is required by the City engineer or by
ordinance, even if such areas may serve some drainage purposes.
UTILITY SERVICE LINE A conduit, channel, ditch, tube, duct, hose, wire, box, pipe, or
similar conveyance device through which a utility is transported, provided, or conveyed to
a single lot or tract.
UTILITY PROVIDER A company or entity, or agent for a company or entity, including a
municipality that provides a utility service within the City.
FINAL DRAFT 9 March 1, 2006
6.0 TREE CONSERVATION ANALYSIS (TCA) AND TREE CONSERVATION PLAN
TCP
6.1 REQUIREMENT: A Tree Conservation Analysis (TCA) and subsequently, a Tree
Conservation Plan (TCP) shall be required for any application for development
described in Table 1.0 subject to the following exceptions:
a. The Administrative Official may waive any requirement if the scope of the
development makes the requirement either impractical or inapplicable to the
development.
b. The Administrative Official may approve an alternative to the tree survey for
heavily wooded areas, but may require a tree survey for smaller, specific areas
based upon the environmental sensitivity of the property being developed.
C. All proposed improvements shall be required to be shown only at the site plan
stage for all development. Preliminary plats shall show building setbacks and
general location of buildings and infrastructure.
d. 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.
e. A Tree Conservation Plan may be used to satisfy the requirements of a Tree
Conservation Analysis.
6.2 STANDARDS FOR APPROVAL:
a. 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.
b. The following criteria shall form the basis to evaluate all Tree Conservation
Analyses and Plans proposed in conjunction with development as well as
applications for tree permits:
i. 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, and
significant grades;
ii. The extent to which priority areas for tree cover preservation have been
accommodated based on the Environmental Resource Protection Map;
FINAL DRAFT 10 March 1, 2006
iii. The extent to which existing tree stands have the potential to buffer
residential areas from the noise, glare, and visual effects of nonresidential
uses;
iv. The 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;
V. 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
vi. The extent to which proposed tree replacement procedures pursuant to this
Ordinance adequately mitigate the alteration of any trees.
C. A Tree Conservation Analysis and Tree Conservation Plan shall adequately
demonstrate a proposed development's adaptation to the natural environment
by illustrating, to the extent reasonably possible, the extent to which it meets
the criteria specified in subsection b.
Table 1.0 — Tree Conservation Analysis and Tree Conservation Plan
by Activity Type
Type of Development
Requirement for
Criteria for Review
Application
Analysis or Conservation Plan
Concept or Development
Tree Conservation Analysis
Section 6.2
Plan
Site Plan
Tree Conservation Plan
Based on the approved Tree
Conservation Analysis or, if none, on
Section 6.2
Preliminary Plat*
Tree Conservation Analysis and,
Based on the approved Concept,
if application is not sought in
Development, or Site Plan, or, if none,
conjunction with a concept,
on Tree Conservation Analysis, or, if
development or site plan, a Tree
none, on Section 6.2
Conservation Plan is also
required
Final Plat
Tree Conservation Plan
Based on conformity with the approved
Preliminary Plat
Plat Showing /Plat
Tree Conservation Plan
Section 6.2
Revision
Earth disturbance
Tree Permit Application
Based on the conformity with the
permit/Building permit
approved site plan (non - residential) or
preliminary plat (residential) or, if none,
on Section 6.2
* 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.
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6.3 INFORMATION REQUIRED: A Tree Conservation Analysis and Tree
Conservation Plan and an application for a Tree Permit shall include all information
listed in below:
a. Information required for Tree Conservation Analysis:
i. Identification of Critical Environmental Features of the site:
• All protected tree stands
• All grades over 5%
• Existing streams, drainage creeks, ponds, and other water bodies (if
any)
ii. Alternative to a Tree Survey
iii. Critical Root Zones of groups of trees
iv. Boundaries of any tree preservation areas as identified in the ERP Map
V. Identification of areas of environmental constraints not suitable for
development
vi. Identification of areas of minimal environmental constraints that are
suitable for development
vii. Areas of encroachment into environmentally sensitive areas identified on
the site
viii. Stream/Creek buffers, if any
b. Information required for Tree Conservation Plan:
i. Identification of Critical Environmental Features of the site:
• All protected tree stands
• All individually protected trees
• Existing streams, drainage creeks, ponds, and other water bodies (if
any)
ii. Tree Survey or alternative to a tree survey
iii. 2 -foot contour map of the site
iv. Protected trees within the tree preservation area including tree size and
type
V. Critical Root Zones of groups of trees
vi. Critical Root Zones for individual trees required for site plans only
vii. Boundaries of any tree preservation areas as identified in the ERP Map
viii. Identification of areas of environmental constraints not suitable for
development
ix. Identification of areas of minimal environmental constraints that are
suitable for development
X. Areas of encroachment into environmentally sensitive areas identified on
the site
xi. Stream/Creek buffers, if any
xii. Detailed site plan of all proposed improvements. (All proposed
improvements shall be required to be shown only at the site plan stage for
a An alternative to a 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
FINAL DRAFT 12 March 1, 2006
all development. Preliminary plats shall, however, show building setbacks
and general location of buildings and infrastructure.)
xiii. Setbacks, building lines, and buffer yards
6.4 ACTION ON TREE CONSERVATION ANALYSIS AND TREE
CONSERVATION PLAN:
a. An application that requires the submittal of either a Tree Conservation
Analysis or a Tree Conservation Plan shall first be reviewed by the
Development Review Committee in conjunction with the accompanying
development application.
b. The Landscape Administrator shall prepare a report that evaluates the extent to
which the proposed development is responsive to the Tree Preservation criteria
outlined in Section 6.2 to the Planning and Zoning Commission.
C. The Planning and Zoning Commission shall make a recommendation on the
proposed Tree Conservation Analysis or Tree Conservation Plan to the City
Council. The City Council shall approve the proposed Tree Conservation
Analysis and Tree Conservation Plan if they find that it meets, to the extent
reasonably possible, the criteria outlined in Section 6.2.
6.5 REQUIREMENT FOR TREE PERMIT: A tree permit shall be required to alter or
prune any protected tree that is not otherwise exempted under this Ordinance. A Tree
Permit Application shall include the following documentation in addition to the
information contained in Section 6.3:
a. City approved Tree Conservation Plan (when required by this Ordinance);
b. A tree survey clearly identifying the status of all trees after the proposed
improvements are made (protected trees, trees to be altered, and trees that can
be preserved based upon site specific conditions);
C. Identification of Critical Environmental Features of the site:
xiv. All protected tree stands
xv. All individually protected trees
xvi. Existing streams, drainage creeks, ponds, and other water bodies (if any)
C. Detailed site plan of all proposed improvements with extent and location of
proposed improvements, including building pads, parking areas, driveways,
streets, and utilities (including storm water drainage facilities);
d. A tree protection plan identifying the required tree protection measures
including fencing and signage;
FINAL DRAFT 13 l arch 1, 2006
e. Clear delineation of construction related parking, storage, staging, and access
areas
f. Limits of clearing, grading, and trenching;
g. Approved grading and drainage plans;
h. Proposed landscaping, bufferyards, and /or replacement areas;
Any information required by Section 6.3 for a Tree Conservation Plan; and
j. Any conditions placed on the approval of the Tree Conservation Plan.
6.6 FEES: 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:
a. When altering any protected tree, the City is exempt from the tree permit fee,
but must obtain a permit and comply with all tree replacement and tree
protection procedures. Protected trees proposed to be altered must be shown on
construction plans approved by the Landscape Administrator.
b. 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.
6.7 PERMIT EXPIRATION: A tree permit issued in connection with any other permit or
plan shall be valid for the period of that permit's or plan's validity. A tree permit not
issued in connection with any other permit or plan shall become void 180 days after
the issue date on the tree permit.
6.8 POSTING TREE PROTECTION SIGN: 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.
6.9 AUTHORITY FOR REVIEW: The Administrative Official shall be responsible for
reviewing all requests for tree permits submitted in accordance with the requirements
specified herein.
6.10 ACTION ON PERMIT APPLICATION: The Administrative Official or the Tree
Board shall grant a tree permit based on the Tree Conservation Plan approved by the
City Council, when applicable, or based on the criteria established under Section 6.2.
FINAL DRAFT 14 March 1, 2006
6.11 DEFERRAL TO CITY COUNCIL: If the application for a tree permit is not in
conjunction with a development application, the Administrative Official may defer
the approval of a tree permit to the City Council after a recommendation from the
Planning and Zoning Commission for any reason.
6.12 EXEMPTIONS: Alteration of the following tree(s) shall be exempt from the
provisions of this Ordinance:
a. Any tree that endangers the public health, welfare, or safety such that immediate
alteration is required;
b. Any tree that has disrupted a public utility service due to a tornado, storm,
accident, flood, or other act of nature, provided that alteration of such a tree
shall be limited to the portion of the tree reasonably necessary to reestablish and
maintain reliable utility service;
C. A tree located on the property of a licensed plant or tree nursery which has trees
planted and growing on the premises for the sale or intended sale to the general
public in the ordinary course of the nursery's business;
d. Any tree located on a lot or tract in any residentially zoned district, including
but not limited to SF20, SF30, SF1, R -PUD, RCS, TZD, DT, or RE, except as
follows:
i. a lot which continues to be subject to Ordinance 685 -13, pursuant to
Section 15 hereof, shall comply with all applicable provisions of said
Ordinance;
ii. a lot in a plat application submitted on or after September 1, 2005 shall be
subject to the provisions of Ordinance 685 -B unless the application or plat
expires or the project is abandoned or significantly altered, in which event
the lot shall be subject to the provisions of Article 8 of this Ordinance; and
iii. any lot or tract designated as a tree preservation area in a residentially
zoned property and approved as a part of a Tree Conservation Plan
adopted after the effective date of this Ordinance shall not be exempt from
the provisions of this Ordinance;
e. A tree located on property which is zoned AG (Agricultural) 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 15 March 1, 2006
7.0 TREE REPLACEMENT AND TREE PROTECTION PROCEDURES
7.1 GENERALLY: For all trees that are authorized to be altered based on a duly
approved Tree Conservation Plan, tree protection and tree replacement procedures set
forth in this Ordinance shall be followed before a Tree Permit is granted, except as set
forth below:
a. Tree Alteration for Public Utility Projects: All protected trees that the
Administrative Official determines must be altered in order to install utility lines
within public rights -of -way (R.O.W.) or within approved utility easements,
including required drainage easements, shall be exempt from the tree
replacement and tree protection requirements. Any protected trees within public
R.O.W. or utility easements that the Administrative Official determines do not
have to be altered shall be subject to the tree protection requirements but not to
the tree replacement requirements.
b. Selective Thinning and Removal of Underbrush:
i. The Administrative Official may issue a single tree permit authorizing the
alteration of certain protected trees from a densely forested area if the
Administrative Official 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 Administrative
Official issues a permit for selective thinning, the protected trees covered
by the permit shall be exempt from the tree replacement and tree
protection requirements.
ii. The Administrative Official 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 push -type
mowers within such drip lines, unless the use of dozers, loaders, or other
moving equipment to clear or grub is expressly permitted in writing by the
Administrative Official prior to performance of the work.
C. Clear- Cutting of Trees on AG Zoned Property:
i. An owner wishing to clear -cut any protected trees from property zoned
Agricultural "AG" shall submit a request in writing to the Administrative
Official, along with a survey, map or diagram showing the area to be
clear -cut and the number, size and the location of protected trees in such
area, a written statement from the applicant describing the purpose and
reason for the clear- cutting, such other information or documents as may
be requested by the Administrative Official, and the appropriate fee as
provided in the fee schedule.
FINAL DRAFT 16 March 1, 2006
ii. The Administrative Official shall refer such application to the Landscape
Administrator and then to the Planning and Zoning Commission for
recommendations. The Landscape Administrator may make an on -site
inspection of the property to be cleared. After the Landscape
Administrator and the Planning and Zoning Commission complete their
recommendations, the application shall be submitted to the City Council
for determination.
iii. The City Council shall grant the application and issue a permit if the
Council determines that the clear- cutting is for a legitimate, agricultural
reason, provided that if the land ceases to be used for agricultural purposes
at any time within five (5) years after the permit is obtained to remove the
trees, the owner of the land must comply with the tree replacement
requirements. If the City Council authorizes the issuance of such a permit,
the protected trees covered by the permit shall be exempt from the tree
replacement and tree protection requirements. The requirement to replace
trees shall be binding upon the person subject to such permit even if such
person sells, assigns, or transfers the property. If the City grants the
application to clear -cut, the permit shall be executed by the applicant and
shall provide that in the event of a sale, assignment or transfer of the
subject property, the owner may either obtain the consent of the person to
whom the property was sold, assigned or transferred to permit the
replacement on such property, or may make payment to the Reforestation
Fund as provided in this Ordinance.
d. Limited Tree Alteration on "AG" Zoned Property: The Administrative Official
shall, upon request of the owner of property zoned Agricultural "AG" and being
actively used for agricultural purposes issue a tree permit for the alteration of
not more than seven (7) protected trees per calendar year on such property. If
the Administrative Official issues such a permit, the protected trees covered by
the permit shall be exempt from the tree replacement and tree protection
requirements. However, protected trees altered in excess of seven (7) per
calendar year are not exempted from the tree replacement and tree protection
requirements. An owner wishing to remove more than seven protected trees in
any calendar year shall apply for and obtain a tree permit and comply with this
Ordinance.
e. Alteration of Diseased, Damaged, or Hazardous Trees:
i. An owner of property wishing to alter a diseased, damaged or hazardous
protected tree shall apply for a tree permit prior to the alteration of the
tree, unless such alteration is otherwise authorized without a permit. The
applicant shall submit such request in writing to the Administrative
Official, along with a survey, map or diagram showing the location of the
trees to be altered, a written statement from the applicant describing the
purpose and reason for the alteration, such other information or documents
FINAL DRAFT 17 March 1, 2006
as may be requested by the Administrative Official, and the appropriate
fee as provided in the fee schedule.
ii. The Administrative Official shall issue such a permit for alteration of any
tree that the Administrative Official determines is diseased, infected, or
damaged beyond the point of recovery, or in danger of falling. If the
Administrative Official issues such a permit, the protected trees covered
by the permit, the owner shall be exempt from the tree replacement and
tree protection requirements. If such a diseased, infected or hazardous tree
is not altered by the owner, the City may alter such a tree to reduce the
chance of spreading the disease or infection to nearby healthy trees or to
protect the healthy, safety, and welfare of the general public.
f. Pruning:
i. An owner of property wishing to prune a protected tree shall apply for and
obtain a tree permit prior to the alteration of the tree, unless such alteration
is otherwise authorized without a permit. The applicant shall submit such
request in writing to the Administrative Official, along with a survey, map
or diagram showing the location of the trees to be pruned, a written
statement from the applicant describing the purpose and reason for the
alteration, such other information or documents as may be requested by
the Administrative Official, and the appropriate fee as provided in the fee
schedule.
ii. The Administrative Official shall issue a tree permit to allow pruning of a
protected tree if such pruning will not unreasonably endanger or harm the
tree, if such pruning is necessary to allow demolition of an existing
structure, or to allow construction of a structure as permitted on an
approved site plan, or is necessary for other development purposes.
iii. If the Administrative Official issues such a permit, the owner shall be
exempted from the tree replacement and tree protection requirements in
Articles 7 and 8 of this Ordinance. For all other pruning for which a tree
permit is required, the permit holder is required to comply with Articles 7
and 8 hereof.
7.2 APPLICABILITY:
a. All protected trees that must be altered to construct the required and permitted
improvements based on the City Council approved Tree Conservation Plan are
exempted from the tree replacement and protection requirements of this section.
Such improvements may include building pads, required parking areas,
driveways, fire lanes, streets, and required utility and drainage infrastructure
that are required by City ordinances and have been approved by the appropriate
boards or officers of the City.
FINAL DRAFT 18 March 1, 2006
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 contained in Section
8.8 of this Ordinance.
C. All other areas of the proposed development, including areas in utility
easements and areas designated for cut /fill for any purpose other than required
drainage and infrastructure improvements, shall be subject to both the tree
protection and tree replacement requirements of this Ordinance.
d. For residential development, the building pad may be constructed at the same
time as the installation of the infrastructure if it provides a greater benefit to the
environment 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 owner shall be required to
mitigate any trees previously removed if the Landscape Administrator
determines that the removal of the trees would not have been required but for
the modification.
e. Prior to the issuance of an earth disturbance permit for a single lot residential
development, the Landscape Administrator shall ensure that:
i. 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.
7.3 TEMPORARY ACCESS AND CONSTRUCTION EASEMENTS:
a. A person commits an offense if the person owns real property and permits
access across the person's property or grants a temporary access or construction
easement across the owner's property if such right of access or easement
intersects or comes within ten (10) feet of the critical root zone of a protected
tree.
b. It is a defense to prosecution for this offense that the Landscape Administrator
determines that an easement is the only reasonable means of access to the
property being developed. If so, 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.
FINAL DRAFT 19 March 1, 2006
8.0 TREE REPLACEMENT AND TREE PROTECTION REQUIREMENTS
8.1 GENERALLY: If required by Section 7.1, 7.2, or7.3, the following procedures shall
apply to any person who alters a protected tree for which a permit is required. If a
person alters a protected tree for which a permit is required, the person shall replace
the protected tree with 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.
8.2. SIZE AND NUMBER: A sufficient number of trees shall be planted to equal or
exceed, measured in DBH, the diameter of each tree altered. Each replacement tree
shall be a minimum of three inch (3") caliper at one foot above ground level, and
seven feet in height when planted.
8.3. LOCATION: Each replacement tree should be planted on the same lot or tract as the
tree which was altered. However, if the replacement tree cannot be planted on the
same lot or tract in accordance with universally accepted arborists' standards, the
Landscape Administrator may permit any or a combination of the following:
a. approve replacement on other private property within the City of Southlake,
with the approval of the owners of both the property on which the protected
tree was altered and the property on which the replacement tree is to be planted.
In such an instance, the owner of the property on which the replacement tree is
to be planted shall agree, in writing, to maintain the replacement tree to the
standards established in this Ordinance;
b. require replacement on public property, or
C. require payment to the Reforestation Fund as provided by Section 8.7, below.
8.4 RESPONSIBILITY FOR REPLACING PROTECTED TREE: The Administrative
Official will determine the time of replacement, and the location of the replacement
trees and approve the agent responsible for replacing a wrongfully altered protected
tree. The requirement to replace trees shall be binding upon the person subject to
such order even if such person sells, assigns, or transfers the property. In the event of
such a sale, assignment or transfer of property, the person subject to such order may
either obtain the consent of the person to whom the property was sold, assigned or
transferred to permit the replacement on such property, or may make payment to the
Reforestation Fund as provided in this Ordinance.
8.5 TIME OF REPLACEMENT: Any replacement trees required to be planted must be
planted not later than ninety (90) days of the order of the Administrative Official, or
within (30) thirty days of the date any appeal from such order becomes final,
provided, however, that the Landscape Administrator may require the deferral of the
FINAL DRAFT 20 March 1, 2006
planting of replacement trees up to an additional one hundred eighty (180) days based
on weather and other aboral considerations, and further provided that the Landscape
Administrator may, upon request of the person subject to the requirement approve
delaying the planting of replacement trees up to an additional one hundred eighty
(180) days if the person subject to the order provides the City with a surety bond in an
amount equal to the cost of purchasing and planting such trees or pay this amount into
the Reforestation Fund within the earlier of the following: (1) within one hundred
eighty (180) days of the last date approved for such delayed planting, (2) the date of
issuance of the first certificate of occupancy on any portion of the subject property, or
(3) other date as agreed by the City Council in an approved Tree Conservation Plan.
The surety bond must be issued by a company licensed to do business in the State of
Texas and shall be authorized by and approved by the City Attorney.
8.6 LONGEVITY AND DURATION: If a replacement tree dies within three years from
the date it was planted, the person subject to the requirement to plant the replacement
tree must replace the dead tree with another replacement tree within ninety (90) days
of the order of the Administrative Official ordering such replanting. This requirement
to replace trees shall be binding upon the person subject to such order even if such
person sells, assigns, or transfers the property. In the event of such a sale, assignment
or transfer of property, the person subject to such order may either obtain the consent
of the person to whom the property was sold, assigned or transferred to permit the
replacement on such property, or may make payment to the Reforestation Fund as
provided in this Ordinance.
8.7 REFORESTATION FUND: A person required to comply with Section 8.4 may
request to make a payment to the Reforestation Fund or other specifically dedicated
fund approved by the City Council for such payments in accordance with the
following requirements:.
a. The amount of the payment required in lieu of each replacement tree shall be
the average cost of a quality tree of similar size and type to the replacement tree
which would otherwise have been required by this Ordinance, plus the cost of
planting such a tree, as determined by the City Council and provided in a fee
schedule published by the City.
b. 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.
C. The Reforestation Fund Administrator shall submit quarterly reports to the City
Council of the deposits and disbursements from the Reforestation Fund.
FINAL DRAFT 21 Harch 1, 2006
8.8 TREE PROTECTION PROCEDURES:
a. Unless otherwise exempted by this Ordinance, the following procedures shall
apply to protect any protected tree for which a permit is required.
b. All persons submitting construction plans shall insure that such plans comply
with the requirements of this Ordinance.
C. The following activities are prohibited within the limits of the critical root zone
of any protected tree subject to the provisions of this Ordinance.
i. Material Storage: No storage or placement of materials intended for use in
construction or waste materials accumulated due to excavation or
demolition shall be placed within the limits of the critical root zone of any
protected tree.
i. Equipment Cleaning /Liquid Disposal: No equipment shall be cleaned or
other liquids, including, without limitation, paint, oil, solvents, asphalt,
concrete, mortar or similar materials deposited or allowed to flow into the
critical root zone of a protected tree.
ii. Tree Attachments: No signs, wires or other attachments, other than those
of a protective nature, shall be attached to any protected tree.
iii. Vehicular Traffic: No vehicular and /or construction equipment traffic or
parking shall take place within the critical root zone of any protected tree
other than on existing street pavement. This restriction does not apply to
single incident access within the critical root zone for purposes of
establishing the building pad and associated lot grading, vehicular traffic
necessary for routine utility maintenance, emergency restoration of utility
service, or routine mowing operations.
iv. Grade Changes: No grade changes shall be allowed within the limits of
the critical root zone of any protected tree unless adequate protective
construction methods are approved in advance in writing by the Landscape
Administrator.
V. Impervious Paving: No paving with asphalt, concrete or other impervious
materials shall be placed within the limits of the critical root zone of a
protected tree except as otherwise allowed in this Ordinance.
d. No heavy equipment, including but not limited to trucks, tractors, trailers,
bulldozers, bobcat tractors, trenchers, compressors, and hoists, shall be allowed
inside the drip -line of any protected tree on any construction site without prior
written approval of the Landscape Administrator.
FINAL DRAFT 22 March 1, 2006
e. 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 commencing 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.
ii. All protective fencing shall be in place prior to commencement of any site
work and remain in place until all exterior construction activity at the site
has been completed.
iii. Protective fencing shall be at least four (4) feet high, clearly visible, and
shall have a tree protection sign affixed to the fence every twenty (20) feet
in such a manner to be clearly visible to workers on the site.
iv. The use of orange vinyl construction fencing or other similar fencing is
generally permitted only if there is no construction or vehicular activity
within ten (10) feet of the fence. If construction activity or vehicular
traffic is expected within ten (10) feet of the fence, the fence shall be
constructed of chain link or other similar metal, wooden material or semi-
rigid vinyl tape fencing supported with a top support wire or equivalent
support material affixed to metal or wooden posts, all of which shall be six
(6) feet in height.
V. All protective fencing shall be supported at a maximum of ten (10) foot
intervals by approved methods sufficient enough to keep the fence upright
and in place for the duration of the construction.
Vi. The owner shall cause the required fencing to be installed and maintained
for the duration of the construction.
f. 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 two (2) inches x four (4) inches lumber encircled with wire or
other means that do not damage the tree. The intent is to protect the bark of the
tree against incidental contact by large construction equipment. The contractors
shall comply with the requirements of this Ordinance regarding bark protection.
FINAL DRAFT 23 March 1, 2006
g. Construction Methods:
i. Boring: Boring of utilities under the critical root zone of a protected tree
shall be required in those circumstances where it is not possible to trench
around the critical root zone of the protected tree. When required, the
bore shall be a minimum depth of forty -eight (48) inches.
ii. Grade Change: If 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: No trenching shall cross the critical root zone of any protected
tree, unless approved in writing by the Landscape Administrator or
exempted from the application of this Ordinance. Trenching within the
critical root zone shall require the issuance of a tree permit. The
placement of underground utility lines is encouraged to be located outside
of the critical root zone of protected trees. Irrigation system lines shall be
placed outside of the critical root zone, except the minimum number of
single head supply lines required to irrigate within the critical root zone
which 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 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 without a permit, unless exempted by this
Ordinance.
9.2 PERMIT REQUIREMENTS FOR PUBLIC UTILITIES: Unless pruning is requested
by the owner of the tree or exempted from the provisions of this Ordinance, a 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 regulations
contained in this Ordinance.
FINAL DRAFT 24 March 1, 2006
9.4 REQUIRED PRUNING: The owner of all trees which are 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.
9.5 TREE TOPPING: A person commits an offense if the person tops a tree without
having a tree permit expressly permitting such activity approved by the Landscape
Administrator, unless otherwise exempted by this Ordinance applies. 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 prohibited by this Ordinance. In such
instances, 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 as replacement trees only upon written approval of the Landscape
Administrator.
10.2 STREET TREE SPACING: Any person planting a street tree shall comply with the
requirements contained in this Ordinance and in accordance with recommendations of
the Landscape Administrator. The spacing of street trees from the nearest
intersecting curb shall be 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
FINAL DRAFT 25 March 1, 2006
tree within the City regardless of whether it is a protected tree and regardless of
whether such is significant enough to constitute alteration, unless otherwise permitted
by the terms of this Ordinance.
10.5 OFFENSE: A person commits an offense if the person:
a. plants any required replacement tree within an area such that the mature canopy
of the tree will interfere with existing or proposed overhead utility lines;
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 within an area such that the tree, when mature, can reasonably be
expected to block or interfere with a designated sight triangle area (either
vertically or horizontally), unless approved in writing in advance by the
Administrative Official;
d. plants a tree within ten feet (10') of an existing or proposed fire hydrant unless
approved in writing by the Fire Department.
11.0 PENALTY FOR VIOLATION
11.1 CRIMINAL PENALTIES:
a. Any person who: (1) violates Article 6 of this Ordinance by altering a
protected tree without first obtaining a tree permit from the City, or by altering
trees in violation of the permit, or (2) violates Article 7 of this Ordinance by
failing to follow the tree replacement procedures shall be guilty of a
misdemeanor and upon conviction shall be fined Two Hundred Dollars
($200.00) per diameter inch of the tree(s)altered, not to exceed Two Thousand
Dollars ($2,000.00) per violation. The unlawful alteration of each protected
tree shall be considered a separate incident and each incident subjects the
violator to the maximum penalty set forth herein for each tree. A person is
criminally responsible for a violation of this Ordinance if the person alters, or
permits or causes to be altered, a protected tree without complying with the
requirements of this Ordinance.
b. A person who violates any provision of Article 8 or 9 of this Ordinance shall be
guilty of a misdemeanor and upon conviction shall be fined an amount not to
exceed $2,000.
FINAL DRAFT 26 -11a rch 1, 2006
11.2 CIVIL PENALTIES: Any person who: (1) violates Section 6.5 of this Ordinance by
altering a protected tree without first obtaining a tree permit from the City, or by
altering a tree in violation of the permit, and (2) violates Article 8 of this Ordinance
by failing to follow the tree replacement procedures, shall be assessed a civil penalty
equal to Two Hundred Dollars ($200.00) per diameter inch of the tree(s) altered, not
to exceed Two Thousand Dollars ($2,000.00) per incident. The alteration of each
protected tree shall be considered a separate incident and each incident subjects the
violator to the maximum civil penalty set forth herein for each tree. The civil
penalties assessed shall not exceed two times the amount of the payment the person
would be required to make into the Restoration Fund or other specifically dedicated
fund as provided in Section 8.7.
11.3 PROCEDURES FOR ASSESSING CIVIL PENALTIES:
a. The Landscape Administrator shall calculate the amount of the civil penalties
as provided for in this Article. Before assessing any civil penalties as provided
in this section, the Landscape Administrator shall send written notice to the
person who violated this Ordinance by personal delivery or certified mail /return
receipt requested. The notice shall contain:
i. a statement of the violations of this Ordinance for which a civil penalty is
being sought;
ii. if possible, a statement of the amount of the civil penalties to be assessed;
iii. a statement that the person may request an administrative hearing before
the City manager to challenge the assessment of the civil penalty;
iv. a statement that if an administrative hearing is not timely requested as
provided in this section, or the trees replaced or payment made pursuant to
Article 8, civil penalties will be assessed.
b. A person may request an administrative hearing before the City manager by
filing a request for a hearing with the City Manager within 15 days after the
notice provided for in subsection (a) is delivered. Within ten (10) days of the
receipt of the request, the City manager shall set a time and place for a hearing
on the appeal which shall be not later than thirty (30) days from the date of
receipt of the request.
C. Not less than 10 days prior to the date on which the administrative hearing is
set, the property owner shall be sent a notice of the hearing by personal
delivery or certified mail /return receipt requested. The notice shall contain the
date, time and place of the hearing and the information specified in subsections
(a)(i) and (ii).
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d. After giving the property owner an opportunity to be heard, the City manager
shall weigh all evidence presented and determine whether to assess civil
penalties. If civil penalties are assessed, the City manager shall sign a written
order setting forth the amount of the civil penalty. In determining the amount
of the civil penalty, the City Manager shall take into consideration the cost of
replacement of protected trees.
e. A civil penalty under this section is final and binding and constitutes prima
facie evidence of the penalty in any suit. The City Secretary shall file with the
district clerk of the county in which the property is located, a certified copy of
the order assessing the civil penalty stating the amount of the penalty.
f. The City Attorney is authorized to file suit to enforce collection of a civil
penalty assessed under this Article.
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 upon request:
a. a copy of the Tree Preservation Ordinance or a condensed summary of the
relevant aspects pertaining to the type of permit requested; and
b. tree protection sign(s) in such quantity as required by this Ordinance.
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 applicant meets all requirements and pays all
civil penalties and other monetary obligations assessed for violations of this
Ordinance, provided, however, that acceptance of public improvements and issuance
of permits may be authorized if, with the Administrative Official's approval, the
person furnishes the City with a cash deposit or surety bond in a sufficient amount to
satisfy all civil penalties and monetary obligations assessed and, if any obligation to
plant replacement trees applies, to pay to the City the approximate amount of the cost
to replace the trees, as provided in the current schedule established by the City.
Neither the acceptance of public improvements nor the issuance of any permits or
certificates shall constitute a waiver of any violation, a compromise or satisfaction of
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any fines, penalties, or other obligations, or otherwise 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 applicant meets all requirements and pays all civil penalties and other
monetary obligations assessed for violations of this Ordinance, provided, and until all
replacement trees required to be planted due to violations of this Ordinance by the
applicant have been planted or appropriate payments have been made to the
Reforestation Fund; provided, however, that a Certificate of Occupancy may be
granted before all trees have been replaced if, with the Administrative Official's
approval, the person furnishes the City with a cash deposit or surety bond in a
sufficient amount to satisfy all civil penalties and monetary obligations assessed and,
if any obligation to plant replacement trees applies, to pay to the City the approximate
amount of the cost to replace the trees, as provided in the current schedule established
by the City.
12.5 ILLUSTRATIVE NATURE OF TREE TECHNICAL MANUAL: The illustrative
portions of the Tree Technical Manual, including the illustrations and appendices are
for illustrative purposes only, and to the extent of any conflict between the terms of
this Ordinance and other material in the manual, the terms of this Ordinance shall
control, and reliance upon any illustrative material shall not be a defense in any
action, whether civil or criminal, to enforce this Ordinance.
13.0 APPEALS AND VARIANCES
13.1 APPEALS:
a. A person affected by a decision of the Administrative Official or the Landscape
Administrator under this Ordinance may appeal to the Tree Board. 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. The person shall file the appeal with the
Administrative Official and file a copy with 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 on which such appeal is based.
b. 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. No decision of the
City Council can be appealed to the Tree Board.
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C. If the Tree Board affirms the decision of the Administrative Official or the
Landscape Administrator, the applicant shall conform the application for
approval of the concept, development, or site plan or plat to the requirements of
this Ordinance within thirty days of the Board's decision. If the Tree Board
overturns the decision of the Administrative Official or the Landscape
Administrator, the development application or plat shall conform to the Board's
decision.
13.2 VARIANCES:
a. 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 Article 6, or other documentation requested by the Landscape
Administrator, and the following factors shall be considered in evaluating the
variance request:
1. Whether a literal enforcement of the Ordinance will create an undue
hardship or an unreasonable practical difficulty on the applicant;
2. Whether the situation causing the unnecessary hardship or practical
difficulty is unique to the affected property and is not self - imposed;
3. Whether a reasonable accommodation or alternative solution can be made
to accomplish the desired activity without the alteration of the tree;
4. Whether the variance will injure or be wholly compatible with the use and
future or existing development of adjacent properties;
5. Whether the increased development costs caused by preserving the tree
create an undue hardship on the development of the site;
6. Whether there is any identified adverse effect of the alteration or
preservation on erosion, soil moisture retention, flow of surface water, and
drainage systems;
7. Whether there is any substantial impact to the buffering of residential
areas from the noise, glare, and visual effects of non - residential uses;
8. The costs versus the benefits of relocating required utility service
infrastructure and easements based on preservation or alteration of
protected trees;
9. Whether the proposed tree replacement procedures adequately mitigate the
alteration of the tree;
FINAL DRAFT 30 March 1, 2006
10. Whether the alteration adversely affects the public health, safety or
welfare; and
11. Whether the granting of the variance will be in harmony with the spirit
and purpose of this Ordinance to the greatest degree reasonably possible.
b. A person requesting a variance from the provisions of this Ordinance shall do
so in writing to the Administrative Official. All variance requests shall be
accompanied by a completed application and non - refundable filing fee in the
amount specified in the current fee schedule adopted by City Council. In
absence of such a fee schedule, the filing fee shall be $250.
C. The Administrative Official shall then schedule a hearing of the variance at the
next available Planning and Zoning Commission meeting and transmit all the
documents pertaining to the appeal to the Planning and Zoning Commission at
a reasonable time prior to the meeting. The Planning and Zoning Commission
shall hear the variance to determine whether it should be granted or denied, and
make a recommendation to the City Council. After the Planning and Zoning
Commission makes its recommendation, the decision was in accordance with
all the provisions of this Ordinance. The Administrative Official shall then
request that the City Manager schedule a hearing of the variance at the next
available City Council meeting and transmit all the documents pertaining to the
appeal to the City Council at a reasonable time prior to the meeting. The City
Council shall hear the variance to determine whether it should be granted or
denied, and the decision of the City Council shall be final
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 except as follows. Specifically, Section
3.4 of Ordinance No. 585 -A, which provides that all developments which have not
submitted final construction plans as of December 17, 1997 shall be subject to the
FINAL DRAFT 31 March 1, 2006
requirements for tree protection and replacement specified in said Ordinance, is saved from
repeal, so that it will continue to apply to projects in construction. Further, the first
sentence in Section 3.5 c. of Ordinance No. 585 -A, which provides that all builders who
have not submitted a request for a building permit as of December 17, 1997 are subject to
the requirements of the Ordinance, is hereby saved from repeal. Said sections shall
continue in full force and effect for such purpose. Further, the provisions of Ordinance No.
585 -B shall continue to be effective and applicable to those developments as described in
and set forth in Section 18. Such provisions shall continue in full force and effect for such
purpose.
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 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. A person who has applied for approval of a
preliminary plat, development plan, concept plan or site plan before the effective date of
this Ordinance shall be required to comply with the provisions of Ordinance No. 585 -B and
shall not be required to comply with the requirements imposed by this Ordinance unless
one of the following occurs:
18.1 An application for preliminary plat approval for the project being developed was filed
before September 1, 2005 and expires without a final plat being approved on or
before the second anniversary of the date of approval of the preliminary plat; or if a
final plat is approved on a portion of the property, the remaining property included
within the plat expires without a final plat being approved on or before the first
anniversary of the date of approval of a portion of the preliminary plat;
FINAL DRAFT 32 March 1, 2006
18.2 The project being developed was initiated by a preliminary plat application filed on or
after September 1, 2005, but no progress has been made on the project before the
second anniversary of the date of the application. For purposes of this section,
"progress" shall have the meaning described in Tex. Local Gov't Code Sec. 245.005
(Vernon 2005); or
18.3 the project is abandoned or significantly altered such that it is a new project. For
purposes of this Ordinance, a project shall be deemed to be abandoned or altered in
the event the applicant files an application for approval of another permit for the
property for which a project is pending and the permit sought is for different uses or
for a different configuration of the property.
18.4 Should the conditions in any subsection set forth above be met, the provisions of this
Ordinance shall be controlling and shall apply to the applicant's project.
PASSED AND APPROVED on the 1st reading the day of , 2006.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2006.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
FINAL DRAFT 33 March 1, 2006