0585BORDINANCE NO. 585-B
AN ORDINANCE OF THE CITY OF SOUTHLAKE AMENDING
ORDINANCE 585-A, WHICH ESTABLISHES REGULATIONS FOR THE
PRESERVATION OF TREES; PROVIDING FOR DEFINITIONS;
PROVIDING FOR PERMIT REQUIREMENTS; PROVIDING A REVIEW
PROCESS; PROVIDING FOR TREE PROTECTION AND REPLACEMENT
REQUIREMENTS; PROVIDING FOR RESTRICTIONS ON PRUNING AND
PLANTING OF TREES; PROVIDING FOR ENFORCEMENT
PROCEDURES AND CIVIL PENALTIES; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS 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 ×1, Section 5 of the Texas Constitution
and Chapter 9 of the Local Government Code; and
WHEREAS, on December 16, 1997, the City Council adopted Ordinance No. 585-A,
revising regulation relating to the protection of trees; and
WHEREAS, trees are of great value in the maintenance of the public health and
welfare of the citizens and in the conservation of natural resources; and
WHEREAS, the City Council of the City of Southlake has determined that tree
preservation continues to be necessary to adequately protect the public health, safety and
welfare; and
WHEREAS, the City Council wishes to amend Ordinance 585-A to provide for
clarification of the provisions of the existing ordinance, to establish the requirements for
submitting a tree survey, and to provide for civil penalties.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
1.0 PURPOSE ANDINTENT
The purpose of this ordinance is to promote site planning which furthers the
preservation of mature trees and natural areas; to protect trees during construction;
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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:
a. Prohibit the indiscriminate clearing of property.
Protect and increase the value of residential and commercial properties
within the City.
Maintain and enhance a positive image for the attraction of new residences
and business enterprises to the City.
Protect healthy quality trees and promote the natural ecological
environmental and aesthetic qualities of the City.
2.0 DEFINITIONS
2.1
GENERAL RULES: The following rules shall be applied in constructing,
interpreting or otherwise defining the terms hereof:
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.
The word "person" shall include any individual, firm, corporation,
partnership, joint venture, organization, or any other entity.
2.2
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 exists an irreconcilable conflict, in which case the definition contained
in this ordinance shall control.
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
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nonpermeable 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 less than
75% of the critical root zone is maintained at undisturbed natural grade, or more
than 25% of the 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 feet (6') around the foundation necessary for construction and
grade transitions.
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 portion of the drip Ii'ne. (See Appendix D.)
CUT/FILL: Areas where the natural ground level has been excavated (cut) or fill
has been brought in.
DRIP LINE: Whichever is greater of: (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 ½ the height of the tree extending outward from the centerpoint of the
tree.
LANDSCAPE ADMINISTRATOR: The person appointed by the City Manager to
serve as the person to administer the plans and City ordinances related to
landscape and 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 the state law.
MUNICIPAL/PUBLIC DOMAIN PROPERTY: Property in which title is held in the
name of a governmental 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 an interest in land, or a lessee, agent, employee, or
other person acting on behalf of the Owner.
PROTECTIVE FENCING: Snow fencing, chain link fence, orange vinyl construction
fencing or other similar fencing at least four feet high and supported at a maximum
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of ten-foot intervals by approved methods sufficient enough to keep the fence
upright and in place. The fencing shall be of a highly visible material.
PUBLIC UTILITY: A business that offers a public utility service, such as gas,
electricity, cable or telecommunications service and that installs facilities within
public right-of-way or easements.
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 15 feet at maturity, usually
with one main stem or trunk and many branches. It 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 the duties and
responsibilities set forth in this Ordinance. The Planning and Zoning Commission
shall constitute the Tree Board unless the City Council appoints a separate tree
board.
TREE, MARGINAL: A tree which the City has determined may or may not be
worthy of preservation depending on the individual characteristics of the tree. (See
Appendix A.)
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, PROTECTED: (1) A quality tree that has a trunk with a diameter of six
inches or greater at four and one-half feet above the ground, or (2) a marginal tree
that has a trunk with a diameter of six inches or greater at four and one-half feet
above the ground and that the Landscape Administrator has determined should be
saved due to individual characteristics of the tree, or (3) an understory tree that has
a trunk with a diameter of two inches or greater at four and one-half feet above the
ground. (See Appendix A.) The diameter of a multi-trunk tree shall be determined
by adding the total diameter of the largest trunk to ~ the diameter of each additional
trunk. (See Appendix E.)
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, QUALITY: A tree which the City has determined typically has significant
positive characteristics worthy of preservation. (See Appendix A.)
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TREE, STREET: Trees, shrubs, and all other woody vegetation on land lying
between property lines on either side of all streets, avenues, or ways 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 Schedule "B" hereto. It shall
include drawings by a licensed surveyor, a licensed architect, or, if few trees are
involved, a person approved by the Landscape Administrator.
TREE TOPPING: The severe cutting back of limbs to stubs larger than three inches
in diameter within the tree's crown to such a degree so as to remove the normal
canopy and disfigure the tree.
TREE, UNDERSTORY: A tree which the City has determined has significant
positive characteristics worthy of preservation and that does not typically attain
great size. (See Appendix A)
UTILITY COMPANY: A company or entity, or agent for a company or entity, that
provides a utility service such as the provision of gas, electric, cable, or telephone
service within the City.
3.0 TREE PERMIT
3.1
GENERALLY: Except as otherwise provided in Section 3.3, below, a person
must obtain a tree permit from the Landscape Administrator before altering
any tree (including any protected tree, quality tree, marginal tree, or
understory tree), park tree, or street tree in the City.
3.2
OFFENSE: A person commits an offense if the person alters a protected
tree that does not meet an exception listed in Section 3.3, below, without first
obtaining a tree permit from the City that authorizes alteration of that tree.
A person commits an offense if the person alters a tree in violation of the
permit.
3.3
EXCEPTIONS: It is an affirmative defense to prosecution for a violation of
Section 3.2 if the person altered a tree for one of the reasons listed below.
No tree permit is required if:
The tree endangers the public health, welfare or safety and immediate
alteration is required.
The tree has disrupted a public utility service due to a tornado, storm,
flood or other act of God. Alteration shall be limited to the portion of
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the tree reasonably necessary to reestablish and maintain reliable
utility service.
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.
The tree is located on property zoned SF20, SF30, SF1, R-PUD and
RE on which there is a residence used as a homestead. However,
builders, contractors and owners are subject to the requirements of
this Ordinance for all new construction prior to moving into and living
on the homestead.
The tree is Iocat.ed on property which is zoned 'AG' (agricultural) and
being actively used for agricultural purposes, as long as the tree is
located within a total area of two acres surrounding the owner's
residence and the residence is used as a homestead.
The tree must be altered to allow construction of improvements in
accordance with a building permit and in compliance with Section 6.7
of this Ordinance.
4.0 PERMIT REVIEW AND APPROVAL PROCESS
4.1
AUTHORITY FOR REVIEW: The Landscape Administrator shall be
responsible for reviewing all requests for tree permits submitted in
accordance with the requirements specified herein.
4.2
DEFERRAL OR APPEAL TO TREE BOARD: The Landscape Administrator
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 may appeal
the decision to the Tree Board. The decision of the Tree Board shall be final.
4.3
SUBMITTAL REQUIREMENTS: The Landscape
establish administrative procedures necessary
implementation and enforcement of this Ordinance.
Administrator shall
to facilitate the
Fees: A person shall submit, with the person's 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, unless Section 9 of this
Ordinance is applicable.
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Required Documents: An applicant for a tree permit shall submit an
aerial photo, map exhibit, or survey as required by Schedule A or as
noted in Subsection 1 and 2 hereof, and must include the described
in Schedule B.
Alternative to Tree Survey: For property containing large,
heavily wooded areas, the Landscape Administrator may, in
lieu of a tree survey, authorize the submittal of an aerial
photograph accompanied by a transparent plan of the
development at the same scale as the photograph showing all
areas that are exempt from the tree replacement and/or tree
protection requirements, provided that a tree survey is
submitted to the Landscape Administrator prior to any grading
or construction. The Landscape Administrator may approve
the submission of photographs in phases for a multi-phased
project.
Non-Disturbance Areas: If the Applicant designates a nearly
wooded area as a non-disturbance zone in which no
construction will occur, the Landscape Administrator may
approve a non-disturbance zone and trees within the zone are
not required to be individually identified on the survey.
Permit Expiration: A tree permit issued in connection with a building
permit shall be valid for the period of that building permit's validity. A
tree permit not issued in connection with a building permit plan shall
become void 180 days after the issue date on the tree permit.
4.4
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.
4.5
ACTION ON PERMIT APPLICATION: The Landscape Administrator or the
Tree Board shall grant a tree permit based on the following criteria:
Whether or not a reasonable accommodation or alternative solution
can be made to accomplish the desired activity without the alteration
of the tree;
b. The cost of preserving the tree;
c. The increased development costs caused by preserving the tree;
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5.0
d. Whether the tree is worthy of preservation;
The effect of the alteration on erosion, soil moisture, retention, flow of
surface waters, and drainage systems;
The need for buffering residential areas from the noise, glare, and
visual effects of nonresidential uses;
g. Whether the tree interferes with a utility service;
Whether the proposed tree replacement procedures pursuant to
Section 7 of this Ordinance adequately mitigate the alteration of the
tree; and
Whether the alteration adversely affects the public health, safety or
welfare.
ONGOING REVIEW OF DEVELOPMENT BY LANDSCAPE ADMINISTRATOR
5.1
EVALUATIONS: The Landscape Administrator shall evaluate any plans
required by this Ordinance to determine whether the developer has made
a good-faith effort to preserve as many protected trees as possible. The
Landscape Administrator shall prepare an analysis and forward it to the
Planning and Zoning Commission and the City Council for their consideration
regarding denial or approval of any concept plan, site plan, and preliminary
plat that is necessary for development. The Planning and Zoning
Commission and the City Council shall take into consideration the criteria for
tree preservation listed in Section 4.5 of this Ordinance in determining
whether to deny or approve any concept plan, site plan, or preliminary plat.
5.2
NONSUBSTANTIVE CHANGES: The Landscape Administrator shall be
authorized to work with owners, developers, and builders to make
nonsubstantive changes, within the scope of this Ordinance, to plans,
permits and other requirements throughout the development and
construction processes that will provide the greatest reasonable protection
toward achieving the purposes of this Ordinance.
6.0 TREE REPLACEMENT AND TREE PROTECTION REQUIREMENTS
6.1
GENERALLY: If a tree permit is required for the alteration of a protected tree
pursuant to this Ordinance, the tree replacement procedures set forth in
Section 7 of this Ordinance and the tree protection procedures set forth in
Section 8 of this Ordinance must be followed as prescribed in this Section.
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6.2
PUBLIC UTILITY PROJECTS: For any project conducted by a public utility
(except in a capacity covered by Section 3.3.b herein), 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 shall be exempt
from the tree replacement and tree protection requirements listed in Sections
7 and 8 of this Ordinance. Any protected trees within public R.O.W. or utility
easements that the Landscape Administrator determines de not have to be
altered shall be subject to the tree protection requirements listed in Section
8 of this Ordinance, but net to the tree replacement requirements listed in
Section 7 of this Ordinance. The public utility's application for a tree permit
must be accompanied by a site plan or construction plan that contains the
information specified in Schedules A and B herein.
6.3 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 the selective
thinning is being done in a professionally accepted manner that will
enhance the environment and the likelihood of survival for 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
of Sections 7 and 8 of this Ordinance.
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 for 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 is prohibited.
6.4
CLEAR-CUTTING: The Landscape Administrator may issue a single tree
permit allowing the clear-cutting of protected trees from property zoned "AG"
(agricultural) 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 Landscape Administrator determines that the clear-cutting is for a
legitimate, agricultural reason. 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 of Sections 7 and 8 of this
Ordinance. If the land ceases to be used for agricultural purposes at any
time within three years after the permit is obtained to remove the trees, the
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owner of the land must comply with the tree replacement requirements
contained in Section 7 of this Ordinance. This requirement runs with the
land.
6.5
6.6
6.7
DISEASED, DAMAGED, OR DANGEROUS 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 (except as
described by Section 3.3.a herein) as determined by the Landscape
Administrator prior to the alteration of the tree. A diseased tree may be
altered by the City or an individual to reduce the chance of spreading the
disease to adjacent healthy trees. 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 of Sections 7
and 8 of this Ordinance.
AGRICULTURAL: The'Landscape Administrator may issue a tree permit for
the alteration of up to seven protected trees per calendar year on property
zoned 'AG' (agricultural) 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 of Sections 7 and 8 of this Ordinance. (However,
protected trees altered in excess of seven per calendar year are not
excepted under this section and will require tree permits and must comply
with tree replacement and tree protection requirements.)
NEW DEVELOPMENTS:
Residential subdivision: In a residential subdivision, 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 or
drainage easements as shown on an approved Final Plat, or to
achieve the cut/fill drainage as designated on the master drainage
construction plan, shall be exempt from the tree replacement and tree
protection requirements listed in Sections 7 and 8 of this Ordinance.
Any protected trees within these areas that the Landscape
Administrator determines do not have to be altered shall be subject
to the tree protection requirements listed in Section 8 of this
Ordinance, but not to the tree replacement requirements listed in
Section 7 of this Ordinance. All other areas of the subdivision shall
be subject to both the tree replacement and the tree protection
requirements, and all other provisions of this Ordinance.
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6.8
Single Lot Residential Development: In a single lot residential
development, all areas within the building pad site, driveways, public
sidewalks, patios, septic tank and lateral lines, parking area, and pool
and associated deck area shall be exempt from the tree replacement
and tree protection requirements of Sections 7 and 8 of this
Ordinance. All other areas of the lot shall be subject to both the tree
replacement and the tree protection requirements, and all other
provisions of this Ordinance.
Non-residential Development: In a non-residential development, all
protected trees that the Landscape Administrator determines must be
altered in order to install utility lines within public R.O.W. or public
utility or drainage easements as shown on an approved Final Plat, or
to install fire lanes, required parking areas and building pad sites as
shown on an a.pproved Site Plan, shall be exempt from the tree
protection and tree replacement requirements listed in Sections 7 and
8 of this Ordinance. Any protected trees within these areas that the
Landscape Administrator determines do not have to be altered shall
be subject to the tree protection requirements listed in Section 8 of
this Ordinance, but not to the tree replacement requirements listed in
Section 7 of this Ordinance. All other areas of the development shall
be subject to both the tree replacement and the tree protection
requirements, and all other provisions of this Ordinance.
Mitigation for Parking: If a person provides parking spaces in
addition to the required number of parking spaces, the person
shall be required to replace trees which are required to be
altered due to the parking or to make payment to the City
Reforestation Fund, or a combination thereof, as directed by
the Landscape Administrator. The following formula shall be
used to calculate the number of trees to be replaced or the
payment due: The Landscape Administrator shall identify the
total number of parking spaces above the number required by
the Zoning Ordinance and calculate the number of trees to be
replaced or mitigated based on an equivalent number of
spaces in the lot containing the greatest number of trees.
PRUNING: The Landscape Administrator may issue a tree permit to allow
pruning of a protected tree that alters the tree if such pruning is necessary
to allow construction or demolition of a structure. 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
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of Sections 7 and 8 of this Ordinance. For all other pruning for which a tree
permit is required, Sections 7 and 8 shall apply.
7.0 TREE REPLACEMENT PROCEDURES
7.1
GENERALLY: If required by Section 6, above, the following procedures shall
apply to any person who alters a protected tree for which a permit is
required.
7.2
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.
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.
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:
require replacement on private property if also approved by the
Chief of Building Services,
2. require replacement on public property, or
require payment to the Reforestation Fund in accordance with
Section 7.3, below.
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.
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Delayed Replacement: Ifthe Landscape Administrator approves the
planting of replacement trees more than 30 days after the alteration
of protected trees, the applicant shall provide the Landscape
Administrator with an affidavit that all replacement trees will be
planted within six months. The Landscape Administrator may require
the person to furnish the City a cash deposit or surety bond in the
approximate amount of the cost to replace the trees.
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.
7.3
REFORESTATION FUND: If required by the Landscape Administrator, the
applicant, instead of compliance with Section 7.2, 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 Chief of Building
Services, on public property, for acquiring wooded property which shall
remain in a naturalistic state in perpetuity, or for establishing a landscape or
wildlife preserve or similar nature area.
The amount of the payment required for each replacement tree shall
be calculated based on a schedule published and reviewed annually
by the Landscape Administrator which sets forth the average cost of
a quality tree added to the average cost of planting a tree.
The Landscape Administrator shall submit quarterly reports to the City
Council of the deposits and disbursements from the Reforestation
Fund.
7.4
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 7.
8.0 TREE PROTECTION PROCEDURES
8.1
GENERALLY: If required by Section 6, above, the following procedures shall
apply to protect any protected tree for which a permit is required.
8.2
CONSTRUCTION PLAN REQUIREMENTS: All construction plans shall
include the requirements listed in Appendix 'C.'
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8.3
8.4
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.
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.
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.
Tree Attachments: No signs, wires or other attachments, other than
those of a prote~:tive 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.
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.
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.
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.
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.
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8.5
PROCEDURES REQUIRED PRIOR TO CONSTRUCTION: The following
procedures shall be followed on all types of construction projects ( including
without limitation 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. 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.
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 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.
8.6 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.
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.
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. Trenching within the critical root
zone requires a tree permit. The placement of underground utility
lines such as electric, phone, gas, etc., is encouraged to be located
outside of the critical root zone of protected trees. Trenching for an
W:\Southlake\Ordinances\trees final.wpd PAGE 15
Irrigation system shall be placed outside of the critical root zone,
except the minimum required single head supply line is allowed to
extend into the critical root zone perpendicular to the tree trunk and
in the manner that has the least possible encroachment into the
critical root zone.
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.
8.7
OFFENSE: A person commits an offense if the person violates or fails to
comply with this Section 8.
9.0 EXCEPTIONS TO PERMIT FEE REQUIREMENT
9,1.
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 as listed in Sections 7 and 8. Protected trees
proposed to be altered must be shown on construction plans approved by
the Landscape Administrator.
9,2,
DISEASED, DAMAGED, OR DANGEROUS TREE: A person is exempt from
the tree permit fee if altering a diseased, damaged, or dangerous tree
pursuant to Section 6.5, above.
9.3
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 as listed in Sections 7
and 8. Protected trees proposed to be altered must be shown on
construction plans approved by the Landscape Administrator.
10.0 COMPREHENSIVE TREE PLAN
It shall be the responsibility of the Tree Board to study, investigate, counsel and
develop and/or update periodically, and administer a written plan for the care,
preservation, pruning, planting, replanting, removal or disposition of trees and
shrubs on all municipal / public domain property. The Board shall present the plan
to the Council and, when adopted by the Council, the plan shall represent the
comprehensive tree plan for the City.
~/:\Southlake\Ordinan ces\trees.final.wpd PAGE 16
11.0 STREET AND PARK TREES
11.1
ACCEPTABLE TREES: The Landscape Administrator shall maintain a list
of trees acceptable for planting on municipal / public domain property. Trees
other than those listed as acceptable may only be planted upon written
approval of the Landscape Administrator.
11.2 STREET TREE SPACING: The spacing of street trees will be in accordance
with recommendations of the Landscape Administrator.
11.3
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.
11.4
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. A person commits an offense if the person violates this Section 11.4.
12.0 TREE PRUNING
12.1 OFFENSE: A person commits an offense if the person alters or significantly
disfigures a protected tree by pruning.
12.2
PERMIT REQUIREMENTS FOR PUBLIC UTILITIES: Unless pruning is
requested by the owner of the tree or excepted from this Ordinance pursuant
to Section 3.3.b 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).
12.3
PRUNING TECHNIQUE: When allowed, all pruning shall be conducted in
accordance with universally accepted arborists' standards and the
recommendations contained in Appendix G.
12.4
REQUIRED PRUNING: The owners of all trees adjacent to public R.O.W.
shall maintain a minimum clearance of ten feet (10') above the traveled
pavement or curb of a public street. Said owners shall remove all dead,
diseased or dangerous trees, or broken or decayed limbs which constitute
a menace to the safety of the public. (Cross-reference: Section 3.3 of this
Ordinance regarding exceptions.)
W:\Southlake\Ordinances\trees.final.wpd PAGE 17
12.5
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
exception 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.
12.6
GROUND LEVEL CUTS: Where protected tree removal is allowed through
exemption or by a tree permit, and the root system is intertwined with
protected trees which are intended to be saved, 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
approval by the Lands(~ape 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 without destruction of the root
system of the saved tree.
13.0 TREE PLANTING RESTRICTIONS
A person commits an offense if the person:
plants any required replacement tree within an area such that the
mature canopy of the tree will interfere with overhead utility lines;
plants any required replacement tree or street tree within an area
such that the mature root zone of the tree will interfere with
underground public utility lines (including water lines, sewer lines,
transmission lines or other utilities);
c. plants a tree within ten feet (10') of a fire hydrant; or
plants a street tree closer than 35 feet (35') to any street corner,
measured from the point of nearest intersecting curbs or curblines.
14.0 TREE SURVEY REQUIRED BEFORE GRADING
A person commits an offense if the person grades or causes grading on any
property in the City prior to obtaining a grading permit. No grading permit shall be
issued until a tree survey, if required, has been submitted to and approved by the
Landscape Administrator.
W:\Southla ke\Ordinances\trees .fin al,wpd PAGE 18
15.0 ENFORCEMENT
15,1
DEVELOPER'S AGREEMENT: The City shall not approve a developer's
agreement unless it provides that all construction activities shall meet the
requirements of this Ordinance.
15.2
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 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.
15.3
ACCEPTANCE OF IMPROVEMENTS: The City may refuse to accept any
public improvements until the person pays all civil penalties for violations of
this Ordinance or complies with Section 7 of this Ordinance; provided,
however, that acceptance of public improvements shall be authorized 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.
15.4
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.
16.0 VIOLATIONS
16.1
Any person who: (1) violates Section 3 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 Section 7 of this Ordinance by
failing to follow the tree replacement procedures, shall:
be assessed a penalty by the Landscape Administrator equal to One
Hundred Dollars ($100.00) per diameter inch of the tree(s) altered;
and
be guilty of a misdemeanor and upon conviction shall be fined One
Hundred Dollars ($100.00) per diameter inch of the tree(s)altered, not
W:~Southlake\Ordinances\trees,flnal.wpd PAGE 19
to exceed Five Hundred Dollars ($500.00) per incident. The unlawful
aIteration 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.
16.2
Any person, firm, corporation, agent or employee thereof who violates any
other provisions of this ordinance shall be guilty of a misdemeanor and upon
conviction hereof shall be fined not to exceed Five Hundred Dollars
($500.00) for each incident. 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.
16.3
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.
17.0 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.
18.0 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. Specifically, Section 3.4 of Ordinance No. 585-A, which provides that all
developments which have not submitted final construction plans as of December 17,
1997 shall be subject to the requirements for tree protection and replacement
specified herein, 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.
W:\Southlake\Ordinances\trees,finaLwpd PAGE 20
19.0 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.
20.0 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.
21.0 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-A shall
continue to apply.
SED AND aPPROVED
ON FIRST READING ON THIS ~7/ DAY OF
ATTEST:
SECRETARY
W:\Southlake\Ordinances\tree s, fina Lwpd PAGE 21
D APPROVED ON FIRST READING ON THIS
,,~.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date^dopted-: ~1~ ~*
Effective Date: ~~/. ~
ATTEST:
~,~ETARY
DAY OF
W:\Southlake\Ordinances\trees.final.vcpd PAGE 22
Schedule A - SUMMARY OF REQUIRED DOCUMENTS
Ref Activity Item Required Document
Aerial Map Survey
Photo Exhibit
RESIDENTIAL SUBDIVISION
A. With submittal of a Corqcept Plan, Site Plan, and Preliminary Yes~ Note2
Plat.
RESIDENTIAL HOMES
B. With submittal of a building permit request for any construction Yes
that occurs within forty feet (40') of any protected tree on lots Yes3
20,000 square feet or larger.
COMMERCIAL DEVELOPMENTS
C. With the submittal of a Concept Pla.n, Site Plan and Yes3 Yes
Preliminary Plat.
COMMERCIAL BUILDERS
D. With submittal of a Concept Plan, Site Plan and Preliminary Yes3 Yes
Plat for building permit request.
UTILITY COMPANY
E. With request for tree removal or pruning to maintain services. Yes
Notes:
1. The aerial photo must be accompanied by a transparent plan of the development (at the same scale as the
photo) showing all information required by this Ordinance.
2. The Landscape Administrator has the authority to require a detailed tree survey on particular areas when
determined to be needed to evaluate the impact on trees.
3. The Landscape Administrator may approve an aerial photograph in lieu of a tree survey for large heavily
wooded areas or large projects completed in phases.
W:\Southlake\Ordinances\trees.fln aLwpd PAGE 23
Schedule B - SUMMARY OF DOCUMENT REQUIREMENTS
Ref Required on Document Item
Aerial Map Survey
Photo Exhibit
1 Yes Yes Appropriate Title (i.e. "Tree Removal Map Exhibit," or "Tree Survey")
2 Yes Yes Title block which includes street address, lot and block, subdivision
name, city and date of preparation.
3 Yes Must be prepared by a licensed surveyor, licensed architect, or,
depending on the number of trees, another person if approved by the
Landscape Administrator
4 Yes Yes Yes North arrow, graphic and written scale in close proximity
5 Yes Scale at a size no larger than 1" = 200' (i.e. 1"=100' OK)
6 Yes Yes Name, address and phone of owner and person preparing the
document
7 Note~ Yes Yes Location of all ROW lines and public easements
8 Yes Yes Location of all buildings, structures, pools, parking and other
~mprovements which are existing or intended on the lot
9 Yes Areas of cut / fill with amount of each shown and flow lines shown
10 Yes Existing and proposed spot elevations, grades and major contours,
along with existing landscaping, streams, ponds and major natural
features.
11 Yes2 Yes2 Yes~ Areas of no disturbance labeled as "No Disturbance Area." This area
must be clearly marked on the plan and surrounded with protective
fencing on the ground. A single incidence removal of underbrush and
vines is allowed, subject to the requirements of Section 6.3.
12 Yes All protected trees shown individually on the plan.3 Trees in close
proximity that all have a caliper of less than four inches (4") may be
designated as a group of trees with quantity of quality, marginal and
understory trees shown. (see appendix 'A')
13 Yes Yes Trees must be tied by horizontal control (i.e. dimensions from lot lines,
or placed through coordinates determined via survey.)
14 Yes All protected trees shown with diameter (4.5' from the ground),
common name and condition.
15 Yes Any proposed replacement trees shown with caliper size, common
name of tree and mature size.
16 Yes Yes Yes Graphic representations as required by Appendix "H" herein.
17 Yes Phasing of tree survey along with phasing of the development is
permitted.
W:\Southlake\Ordinances\t tees.fin al.wpd PAGE 24
Notes:
1, The aerial photo must be accompanied by a transparent plan of the development (at the same scale as the
photo) showing all information required by this Ordinance.
2, The Landscape Administrator shall have the authority to designate areas as "no disturbance" areas where a
tree survey would not be required due to no intended construction.
3. An area may be designated as a "No Disturbance Zone" on the plan when approved by the Landscape
Administrator and trees within that zone are not required to be individually identified on the plan.
W:\Southiake\Ordinances\trees .fina[.wpd PAGE 25
Common Name
Pecan
Cedar Elm
Shumard Red Oak
Texas Red Oak
Live Oak
Bur Oak
Post Oak
Black Jack Oak
Lacehark Elm
Chinese Pistache
Sweetgum
Austrian Pine
Chinquapin Oak
Southern Magnolia
Bald Cypress
Caddo Maple
Texas Hickory
Western Soapberry
Red Cedar
American Elm
Common Name
Cottonwood
Mesquite
Slash Pine
Honeylocust
Japanese Black Pine
Deodar Cedar
Hackberry
Common Name
Redbud
Mexican Plum
Possumhaw Holly
Golden Raintree
Yaupon Holly
Cherry Laurel
River Birch
Eves Necklace
Persimmon
Rusty Blackhaw
Wax Myrtle
APPENDIX A
TREE SUMMARY
The following is a summary of representative ~ees for each category of~ee.
QUALITY TREES
Botanical Name
Carya illinoensis
Ulmus crassifolia
Quercus shumardii
Quereus texana
Quercus virginiana
Quercus rnacrocarpa
Quercus stellata
Quercus marilandica
Ulmus parvifolia
Pis~acia chinensis
Liquidambar styraciflua
Pinus nigra
Quercus m~hlenbergii
Magnolia grandiflora
Taxodium distichum
Acer barbatum Caddo
Carya texanna
Sapindus drummondii
Junipems virginiana
Ulmus americana
Identification Notes
Pecan fi'uit, compound leaves
Deciduous. 1"-2" dark green leaves
Deep pointed lobes in leaves
Vertical multi-think shape
1 ~" dark green pointed leaves
Large acorn, leaf border at end
Deep lobes, rounded tip on leaf
Leathery Y'-7" leaf, no lobes
Small dark serrated green leaves
3" sickle leaflets, fall color
Star shaped leaf
Two needles
Oblong 4"-6' serrated leaf
Large evergreen leaf, white flower
Feather-like foliage, fall color
Five-lobed leaf
Five leaflets, 1"-2' nut
18" compound leaf, ~" clear fruit
Native, pyramidal shape
V-Shaped main branching
MARGINAL TREES
Bo~incalName
Populus deltoides
Prosopis glandulosa
Pinus elliotti
Gleditsia triacanthos
Pinus thunbergii
Cedms deodara
Celtis occidentalis
Identification Notes
Deep fissures in bark, heart shape leaf
Lacy open foliage, 10" bean fruit
Tall cylindrical shape
Lacy foliage, thomless variety only
Twisted growth, dark green needles
Large pyramidal evergreen
Simple leaf, smooth warty bark
UNDERSTORY TREES
BomnlcalName
Cercis canadensis
Pmnis mexicana
Ilex decidua
Koelmtaria panlculata
Ilex vomitoria
Pnmus carolmiana
Betnla nigra
Sophora affmis
Diospytos vlrginiana
Viburnum rufldulum
Myrica cerifera
Identification Notes
Purple/white flower in spring
White flower, exfoliating bark, thorns
Showy orange/red fruit, deciduous
Yellow flower, panicled fi'fiat
Evergreen, light bark, red fruit
Glossy evergreen foliage, shrubby
White flaky bark
Dull green tear-dropped shape leaf
Thin, smooth, pale grey bark
Glossy, dark green leaves, white flowers
Light olive-green leaves, pale blue berries
Appendix B
(Intentionally Deleted. Application no longer included in appendix.)
Appendix C
Construction Plan Requirements
The following shall be required as a part of all construction plans submitted to the City
when tree removal or tree protection is required during any phase of site work or
construction.
1. A tree Preservation Detail Sheet shall include the following at a minimum.
A graphics legend to be used throughout the plans for the purposes of
showing the following: trees to be flagged, protective fencing, trees
requiring bark protection, boring, areas of cut and fill impacting protected
trees and identifying those trees to be impacted. Note: The identification
of"finished elevations" on pad sites is not sufficient by itself in
declaration of an area as "cut/fill." Such areas must be clearly identified.
Graphic tree exhibit showing the features of a tree to include the critical
root zones, trunk, canopy, drip line and method of caliper measurement
per appendix D and appendix E.
Graphic exhibits showing methods of protection to include snow fences,
boarded skirts, etc.
Graphic exhibits showing construction methods to include grade changes,
boring, trenching, and similar earth disturbances and identifying those
trees to be impacted. Note: The identification of"finished elevations" on
pad sites or other areas is not sufficient by itself in declaration of an area
as a grade change. Such areas must be clearly identified.
e. Graphic exhibit showing appropriate pruning practices per appendix G.
All requirements of the Tree Preservation Ordinance shall be shown graphically
on all applicable sheets within the construction plans.
3. Documents as required in Schedules A and B herein.
APPENDIX D
I
1
~, OOT
I
APPENDIX E
MEASUREblE~XCI' METHODS
Lit ,o( Measurement . ~ Nocma~ Line ~1 Measurement
/ ~ Actual Line o! Measuremenl
ON A SLOPE IRREGULAR SWELLIHG
(Requires DiScretion)
MULTI-STEMMED TREE
LEANING TREE
~u~
Diameter Measurement: The diameter of the protected tree shall be measured as shown. The
diameter ora multi-trunk tree shall be determined by adding the total diameter of the l~rgest
trunk to ¼ the diameter of each additional trunk.
APPENDIX F
EXAMPLE BUILDER SITE PLAN
TREE REMOVAL PERMIT REQUEST
Prepared by O%~acr:
2143 Oak Strict, Southlakc - 4118/93
l~,k. Tree Saver
1913 Spruce Street
. __D~, Tx_.. ,7.g4k~ .......... - .................
Ph: 214-240-2108
APPENDIX G
TP~EE PRUNING RECO~v~vIENDATIONS
When removinG a bran~t, atwa~s cut outside the
br4m:h bark r~cl~ ancf collar. Do not make a flush
cut.
F\
llmrtr, h~ t~t do not hav~ a d~stlm:t collar shoul~ be
cut at a right a~le ~n t~e bram:~ outside the bran~
ba~ r~l~e.
Tre~ ma), ~va ~c~clomlnant stem.% as showu on the
left. If · codomh~nt stem ·tut ba remove, ~ut at
~t,~l~rtn an~le outride of the bark rtc~ aa shown tn thee
· t fight. Avoid leaving any stub.. _
;
cut ·tub
outald~ ol collar
When removln$ heavy Umbs, tint make .an
undercut ~veml Inches outsMe of the ·flat. Tt~n
remove Itmb by a second cut an inda or so outside of
the flint cut. Remove stub with a tMrd eut just
outside of the collar, (l%ucht. 198b~
APPENDIX H
PREFERRED SURVEY NOMENCLATURE AND LEGEND
(Page 1 of 2)
APPENDIX H
PKEFERRED SURVEY NOMENCLATURE AND LEGEND
(Page 2 of 2)
-TREE SL'RVEY
TREE SURVEYING, INC.
TI~E ~KVEY
. .241.! W_ _AL..NI.~.I'RAIL ......
Lot 4RTR1, BLOCK 1.
CEDAR ELM ESTATES
THE CITY OF SOUTHLAKE
TARKANT COUNTY, TEXAS
1.00 ACRES
17 NOVEMBER 1~7
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 165356221
FORT WORTH,TX 76102 Invoice Date: 1/21/00
(817)390-7761
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 1/31/00
Bill To: PO Number:
CITY OF SOUTHLAKE 667 N CARROLL AVE Order Number: 16535622
SOUTHLAKE, TX 76092-6412 Sales Rep: 073
Description: ORDINANCE NO. 5
Publication Date: 1/21/00
Description Lc..;ation Col Depth Linage MU Rate Amount
ORDINANCE NO. 585-B AN ORDINAN I35 s 1 100 100 LINE $5.79 $579.0U
ORDINANCE NO.585-B
AN ORDINANCE OF THE CITY
Sales Discol OORDINANCEA585-A AMENDINGW ($498.')0)
ESTABLISHES REGULA-
TIONS FOR THE PRESERVA-
TION OF TREES;PROVIDING
FOR DEFINITIONS; PROVID-
ING FOR PERMIT REQUIRE-
MENTS; $g I
O_PROVIDING RE-
VIEW Net Amount:
FOR TREE PROTECTION
AND REPLACEMENT RE-
FUIREMENTS; PROVIDING
OR RESTRICTIONS ON
PRUNING AND PLANTING OF
TREES•PROVIDING FOR EN-
FORCEMENT PROCEDURES
AND CIVIL PENALTIES;PRO-
VIDING THAT THIS ORDI-
NANCE
A-
TIVE SHALL
ONANCBE E
OF ALLRDI S;
•PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS
HEREOF;
OCLAUSE IDIPROVIDING
FOR PUBLICATION IN THE
OFFICIAND
NE ANP EFFECT
PROVIDING EFFECTIVE
DATE.
16.0 VIOLATIONS
16.1 Any person who:(1)vio-
lates Section 3 gof this Ordi-
THE STA edntree withpout first obtain-
CDunry of Ci aor bye altering trees in
vi-
olation of the permit, or(2)
Before me dinance Section 7 of this Or-
r vioates ay failing follow said County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star-
Telegram,1 thedares,treeshall:replacement prose- ram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the
attached el'a. be assessed a penalty by
the Landscape Administra- was published in th ove named paper o e listed dates:
tor equal to One Hundred
Dollars of he per diatree(s)
al-
l- ����`�� • J
ter inch of the trees) al-
tered;and
babel guilty conf y ctioneshall be
SUBSCRIB fined One Hundred Dollars RE ME,THIS Friday,]anuary 28�I 6.
of e.tre per diared r to /�/
of the tree(s)altered,not to
I exceed Five Hundred DollarsI.
Notary Public
(S500.00)per incident-The
unlawful alteration of each _ __ __ _ _ _ _ _
protected tree shall be con- — —
sidered a separate incident DAWN M. KUYKENDALL
and eacht oincident uts ;'
the violator to the maximum COMMISSION EXPIRES
penalty set forth herein for
each tree. ',� SEPTEMBER 13,2003
16.2 Any person,firm,corpo- „�*��,
ration, agent or employee Went Thank Yo thereof who violates any oth- _ _ __
er provisions of this ordi-
nance shall be guilty of a mis-
demeanora shalupon
poe fined convic-
tionnot
to exceed Five Hundred Dol-
lars(6500.00)for each inci-
dent.of eachhe protected tree sthalunlawful l
be considered a separate in-
Remit To: cadent and each incident sub- Customer ID: CITS7
jests the violator to the maxi-
mum penalty forA person is criminally re-
set forth herein
each re.
16.3Customer Name: CITY OF SOUTHLAKE
sponsible for a violation of
this oaltersrdinance
r permits or causesTX 76101-2051 Invoice Number: 165356221
to be altered, a protected
tree without complying with
the requirements of this Ordi- Invoice Amount: $81.00
nance.
'ASSED AND APPROVED BY p0 Number:
THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE TEX-
AS,ON THIS THE 18th DAY
OF JANUARY 2000. Amount Enclosed:
MAYOR RICK S�TACY-
ATTEST:
SANDRA L.LEGRAND,
CITY SECRETARY
APPROVED AS TO FORM:
E.ALLECITY ATTORNEY JR.,
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 164514351
FORT WORTH,TX 76102 Invoice Date: 1/7/00
(817)390-7761
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 1/31/00
ill To: PO Number:
CITY OF SOUTHLAKE Order Number: 16451435
667 N CARROLL AVE
SOUTHLAKE, TX 76092-6412 Sales Rep: 073
Description: NOTICE OF PUBLI
Publication Date: 1/7/00
• Description Location Col Depth Linage MU Rate Amount
OTICE OF PUBLIC HEARING Notic I358 1 51 51 LINE $5.5 I $281.01
NOTICE OF
PUBLIC HEARING
ales Discount NC Cso uhnec oyfg City thoef ($239.70)
Southlake,Texas,that a pub-
lic hearing will be held on
January 18,2000 during the
Regular City Council Meeting
to be held in the City Council
Chambers of City Hall 667 $41.31
North Carroll Avenue,South- Net Amount:
lake,Texas.
Purpose of the public hearing�i,
is to consider the second
reading of the following ordi-
nance:
ORDINANCE NO.585-B
AN ORDINANCE OF THE CITY
OF SOUTHLAKE AMENDING
ORDINANCE 585-A, WHICH
ESTABLISHES REGULA-
TIONS FOR THE PRESERVA-
TIOIN OF TREES;PROVIDING
FOR DEFINITIONS; PROVID-
ING FOR PERMIT REQUIRE-
MENTS- PROVIDING A RE-
VIEW PROCESS: PROVIDING
FOR TREE PROTECTION
AND REPLACEMENT RE-
pUIRERMEESNTS; PROVIDING
FOR TRI
PRUNING AND PLANTING OF
TREES'PROVIDING FOR EN-
FORCEMENT PROCEDURES
AND CIVIL PENALTIES;PRO-
THE STATE C VIDING THAT THIS ORDI
NANCE SHALL BE CUMULA-
County of Tar PROVIDING A ORDINANCES;
CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS
Before me,a t HEREOF•PROVIDING A SAV-Id County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the tar-
Telegram, put FORS PUBLICATION OINIDTHE n, Inc.at Fort Worth,in Tarrant County,Texas;and o,after being duly sworn,did depose and say that the
attached clipp OFFICI INGE ,P EFFECT VDD s published in the above amed p er on the listed dat
DATE.
City of Southlake
Sandra L.LeGrand Si
City Secretary
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Monday,January 1' 2000.
Notary Public /4r.
DAWN M. KUYKENDA
alk** COMMISSION EXPIRES
•, SEPTEMBER 13,2003
hank You For Your Payment " 64.
:..emit To: Star-Telegram Customer ID: CIT57
P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 164514351
Invoice Amount: $41.31
PO Number:
Amount Enclosed: $