HomeMy WebLinkAboutOrdinances (O-14-1933)-10/06/2014 ORDINANCE 0-14-1933
AMENDING CHAPTER 5-TREE PRESERVATION OF THE LAND
DEVELOPMENT CODE; PROVIDING FOR A PENALTY OF FINE NOT
TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Colleyville approved Ordinance
0-00-1214 on April 18, 2000, adopting the Land Development
Code; and
WHEREAS, the City of Colleyville desires to amend Chapter 5-Tree
Preservation in its entirety; and
WHEREAS, notice of a public hearing before the City Council was published
in a newspaper of general circulation in Colleyville at least 10
days before such hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT Chapter 5-Tree Preservation of the Land Development Code,
is hereby amended in its entirety to read as depicted in the
attached Exhibit "A".
Sec. 2. THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the same
penalty as provided for in the Comprehensive Zoning Ordinance of
the City of Colleyville, and upon conviction shall be punishable by
a fine not to exceed the sum of Two Thousand Dollars
($2,000.00) for each offense.
Sec. 3. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional.
Sec. 4. THAT this ordinance shall take effect immediately from and after
its passage.
Sec. 5. THAT all other provisions of the Land Development Code shall
remain in full force and effect, except as amended herein.
Ordinance 0-14-1933
Page 2 of 2
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 16th day of
September 2014.
The second reading and public hearing being conducted on the 6th day of
October 2014.
PASSED AND PPROVED by the City Council of the City of Colleyville, Texas,
on this the — day of ber 2014.
= TTEST: CITY OF COLLE E
ib
Amy:. !ley,TR' C i • Taylor
-- = -City Secretary Mayor Pro Tern
APPROVED AS TO FORM AND LEGALITY:
ksil
Matthew C. G. Boyle
City Attorney
•
Exhibit "A"
Chapter 5
Tree'Preservation
10/6/2014
Section 5.1 Purpose of This Chapter
The intent of this Chapter is to encourage site planning which furthers the preservation of 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 intent of this Chapter to achieve the following broader
objectives:
Protect healthy trees and preserve the natural ecological environmental and aesthetic qualities of
the City.
Protect and increase the value of residential and commercial properties within the City.
Prohibit the indiscriminate clear cutting of property.
Section 5.2 Authorization for Adoption of This Chapter
The regulations contained in this Chapter have been adopted under the authority of Chapter 51—
General Powers of Municipalities of the Texas Local Government Code, which authorizes a
municipality to adopt ordinances, rules, or police regulations that are for the good government,
peace, or the trade and commerce of the municipality. This Chapter is also adopted under the
authority of the Home Rule Charter of the City of Colleyville, which authorizes the City Council to
exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas.
Section 5.3 Variances and Appeals
Except where provided in this chapter, any person seeking approval of a development as
required by this Land Development Code may request a variance from a requirement contained
in this chapter, or appeal a decision of an Administrative Official by submitting a request using the
procedures described in Chapter 1—General Provisions of this Land Development Code.
Section 5.4 Definitions
Definitions applicable to this Chapter may be found in Chapter 2 — Definitions of this Land
Development Code.
Section 5.5 Tree Removal Permit
No person directly or indirectly shall cut down, destroy, remove, move, or effectively destroy
through damaging the roots, trunk or canopy, any tree situated on property regulated by this
Chapter without first obtaining a tree removal permit, unless otherwise exempted by the
provisions of this Chapter.
Section 5.6 Applicability
The terms and provisions of this Chapter shall apply to real properties, persons and trees as
follows:
Page 5-1
Exhibit "A"
A. Properties which are regulated by this Chapter:
1. Any real property upon which any protected tree is located.
2. All municipal/public domain property.
Section 5.7 Permit and Fee Requirements
The Administrative Official is responsible for the review and approval or disapproval of all
requests for tree removal permits. The request shall be submitted in accordance with the
requirements specified herein.
A. Tree Removal Permit: A request for a tree removal permit must be submitted and
approved prior to the removal of any tree. Where any tree is slated for removal, no site
grading, dirt disturbance or new construction may occur on the property until a tree
removal permit has been issued.
B. Fees: All tree removal permits shall be accompanied by a check made payable to the
City of Colleyville per the following schedule:
1. The resident of a single family home removing all or a portion of a tree which exists
on the lot of record on which the single family home is built. no fee required.
Exception: For properties larger than two acres in size, if more than five protected
trees are removed as part of a tree removal permit, the administrative official may
require payment of a fee per sub-section two below only if the Administrative Official
determines an intent to "clear cut"the property as described in Section 5.10(A)1 b.
2. All other properties including rights-of-way. $50.00, plus $25.00 per protected
tree on the property, right-of-way, or development site. For residential subdivisions,
the entire subdivision shall be considered the development site. Upon application
submittal, the total number of protected trees on the site, including exempted areas,
shall be indicated on the application form in order to determine the fee, which shall
be paid at the time of submittal. lf, upon review of the application and/or tree
preservation plan, it is determined that the amount of protected trees tallied is
incorrect, the difference in the fee calculation shall be paid, or refunded, prior to the
issuance of the tree removal permit.
Section 5.8 Submittal Requirements for Tree Removal Permits
Any tree removal permit request that requires the removal of a protected tree shall be
accompanied by a tree preservation plan. As determined by the Administrative Official, tree
removal permit applications that require no fee as listed in Section 5.7(B) above or require the
removal of a minimal amount of trees on existing developed properties or within existing rights-of-
way may not require a complete tree preservation plan and may only require a description of the
trees to be removed showing a limited portion of a site or right of way may be based on an exhibit
showing only that portion of the site.
A. TREE PRESERVATION PLAN— Note: a tree preservation plan shall be submitted with a
tree removal permit application form including payment of the required fee. The items
required on a tree preservation plan shall, at a minimum, include the following:
1. Title Block: includes street address; legal description (lot and block, subdivision
name); date or revised date, north arrow; graphic (and written) scale; name, address,
telephone number of owner and of person preparing the exhibit.
Page 5-2
Exhibit "A"
2. Location of all existing or proposed structures, improvements and site uses including
pavement and landscaping, setback, easements and service connections, all
properly dimensioned and referenced to property lines,
3. Existing and proposed site elevations, grades and major contours. Construction
details of permanent grade changes around all trees.
4. Location of trunks, canopies and species of all existing protected trees, graphically
differentiating between the trees to remain and those to be removed. A plus (+)
character shall indicate trunk location and concentric circle shall indicate the size and
canopy configuration. All protected trees shall be assigned a unique number
classification.
5. Proposed general areas or locations of the replacement trees.
6. Locations of all critical root zones as defined in Chapter 2—Definitions.
Additionally, tree information required shall be summarized in tabular form on the
mitigation table in a format matching the example below and shall include:
7. The detailed list of trees to be removed including the classification number, exempt or
non-exempt status, and whether the tree is to be saved or removed.
8. The total diameter of trees to be removed.
9. Replacement trees listed by species name, quantity, size and total diameter required
for replacement of trees. (See Section 5.15 for replacement tree list.)
10. The tree preservation plan must be prepared and sealed by a registered landscape
architect in the State of Texas.
Example of Tree Survey and Mitigation Table to Be Inserted on Preservation Plan
N D Caliper H Number, . C�allPer &°a
Number , Inches N Trees to • u
Sp Q Caliper '�� Exempt s ExemPts ; ,Exempt to
Trees Planted
cmPr'1 Inches Trees Removed "Removed Al Removed Caliperyi
Red Oak 12 108 3 42 1 12 4
Post Oak 35 350 18 168 2 24 8
Cedar 10 89 1 12 0 0 0
Pecan 5 75 0 0 5 75 25
TOTAL 62 622 22 222 8 111 37
B. Permit Validity: Permits for tree removal issued in connection with a building permit,
subdivision plat and site plan shall be valid for the period of that plat's, building permit's
or site plan's validity. Permits for tree removal not issued in connection with a building
permit, subdivision or a site plan shall become void thirty (30) days after the issue date
on the permit.
C. Timing of Submittal: The tree preservation plan shall be submitted as follows:
1. New subdivisions that include new streets and/or significant public improvements —
submitted on or before the subdivision plat application submittal.
Page 5-3
Exhibit "A"
2. New commercial construction — submitted on or before the submittal of the required
administrative site plan application.
3. New home construction on existing platted lots — submitted on or before the building
permit application submittal.
4. All other situations—as required by the Administrative Official.
D. Construction Plan Notations - The following notes shall be required to be shown on all
construction plans:
1. All trees shown on this plan to be preserved shall be protected during construction
with temporary fencing. Tree protection fences shall be installed prior to the
commencement of any site preparation work (clearing, grubbing or grading).
2. Fences shall completely surround the tree or clusters of trees. The fence shall be
located at the outermost limits of the tree branches or critical root zone. The fence will
be maintained throughout the construction project in order to prevent the following.
a. Soil compaction in the critical root zone resulting from vehicular traffic or storage
of equipment or materials.
b. Critical root zone disturbances due to grade changes greater than two inches (2")
cut or fill or boring which was not authorized by the City.
c. Wounds to the trunk, limbs or exposed roots by mechanical equipment.
d. Other activities detrimental to trees such as chemical storage, cement truck
cleaning, and fires.
3. In cases of area constraints where the protective fence is closer to the trunk than four
feet(4'), the trunk must be protected with strapped-on planking to a height of eight feet
(8') or to the limits of the lower branching.
4. All grading within critical root zones of protected trees shall be performed by hand or
small equipment to minimize damage. Prior to grading, relocate the protective fencing
to two feet(2') behind the grade change area.
5. Trees most heavily impacted by construction activities should be watered deeply once
a week during periods of hot and dry weather. Tree crowns should be sprayed with
water periodically to reduce dust accumulation on the leaves.
6. Trenching for landscape irrigation shall be located as far from the existing trunks as
possible.
7. Pruning to provide clearance for structures, vehicular traffic and equipment shall take
place before construction begins.
Section 5.9 Minimum Tree Preservation Requirements
A. Whenever a new residential subdivision plat is submitted for review, the Planning and
Zoning Commission may evaluate whether an alternate street layout and grading plan
which complies with all City subdivision standards would result in substantially greater
compliance with the minimum tree preservation requirements of this section. In the event
Page 5-4
Exhibit "A"
such an alternate layout is determined by the Commission to be a reasonable use of the
land then the applicant may substitute said alternative plan without being required to
submit a new plat application. If, however, the applicant does not substitute said alternate
layout or another acceptable plat to the Commission, failure of the applicant to do so shall
be a basis for denial of the applicant's plat application.
B. Minimum Existing Tree Preservation Requirements: When any new construction occurs,
there shall be a minimum number of trees protected on the property. For new residential
subdivisions, the entire boundary of the subdivision shall be considered as one property
for the purpose of this section. The chart below shall be used to determine the minimum
protection requirements:
Existing Tree Coverage Preservation Requirements:
Percentage of existing protected canopy tree Minimum percentage of the existing protected canopy tree coverage to be
coverage preserved
0%—20% 70%
20.1—40% 60%
40.1%-60% 50%
60.1%-80% 40%
80.1%-100% 30%
For the purpose of this section, canopy coverage shall be calculated based on the
formula for the area of a circle with the individual tree radii equaling the diameter inches
of the trunk of each protected tree measured at 4.5 feet above the base of the tree where
it meets the ground. This calculation method may apply to developments approved, but
not finaled, prior to October 6, 2014. Protected trees located within any of the exempted
areas specified in Section 5.10(B) below may be credited toward the minimum existing
preservation coverage requirements in the above table such that no more than 50% of
the existing protected trees may be credited within an exempt area. NOTE: The
minimum preservation coverage requirements listed above shall not be eligible for
mitigation as described in Section 5.12.
C. Exemption Provisions for Preserving Native Tree Stands: Given the requirements of
Section B above, as an incentive for preserving groups of native trees in place, a
development may be exempted from the mitigation requirements of Section 5.12. The
purpose of the exemption would be to reward a more context sensitive approach in
preserving native tree clusters such that the root systems of the trees to be preserved are
not disturbed and the tree clusters left in their natural condition. In order to meet this
exemption,the development must meet the following conditions:
1. The preservation area(s) shall, at a minimum, meet the requirements of Section B
above with the following exception: the 50% credit provision shall not apply to the
exemption provisions of this section;
2. The proposed preservation area(s) shall be identified on the tree preservation plan;
3. A minimum of 80% of the trees identified within the preservation area on the plan
shall be regionally native trees, not classified as exempt, with emphasis given to
native oak species;
4. Where possible, preserved trees should be grouped together with as few detached,
designated preservation areas on the tree preservation plan as possible;
5. Final approval of the exemption provisions of this section shall be required by the
Administrative Official. If approved, notwithstanding the requirements of Section D
below, then all trees not located within a preservation area on the tree preservation
Page 5-5
Exhibit "A"
plan shall be classified as exempt from the mitigation provisions of Section 5.12 and
the protection provisions of this chapter.
6. Approved preservation areas shall contain a perimeter fence, meeting the
requirements of this chapter, around the entire preservation area until the
development construction receives approval of a final inspection from the City. Said
fence shall be placed a minimum of five feet from the outside edge of the drip line of
any tree within said area. No earthwork, vehicle and equipment storage, or
encroachments of any kind are permitted within the preservation area. No
undergrowth shall be removed from a preservation area.
D. Preservation of Heritage Trees: Heritage Trees, as defined in Chapter 2 - Definitions,
may not be classified as exempted trees, regardless of whether or not they are located in
any exempted area.
Section 5.10 Exempt and Non-Exempt Provisions
A. Exempted Persons
1. Exempted Persons: The following persons are exempt from the provisions of this
Chapter only to the extent of their control over the particular class of properties and
trees described below. Persons exempt from these provisions shall not be required
to obtain tree removal permits.
a. An employee of the City of Colleyville, a public utility or an authorized contractor
working in a dedicated public right-of way may in the course of business, may
remove or prune that portion of a tree which prohibits the safe construction,
repair or maintenance of a service line or facility.
b. The resident of a single family home may remove all or a portion of a tree which
exists on the lot of record on which the single family home is built. Exception:
For properties larger than two acres in size, if more than five protected trees are
removed as part of a tree removal permit, the administrative official may require
the resident to comply with the mitigation and preservation provisions of this
chapter if it is deemed that an attempt to"clear-cut" all or a portion of the property
in being made where no new accessory building, pool, building addition or other
similar construction, not involving a principal permitted use, is being proposed as
part of a submitted active building permit application. Any decision of the
Administrative Official may be appealed per the provisions in Section 5.13. As it
relates to this sub-section only, any appeal request shall not require payment of
an application fee and said request shall be scheduled on the next available
meeting.
c. A property owner or his authorized contractor, employee or tenant may remove a
tree which has become severely diseased or damaged to the extent that it is
beyond the point of recovery or is in danger of falling, as determined by the
Administrative Official.
d. All landscape nurserymen shall be exempt from the terms and provisions of this
section only in relation to those trees planted and growing on the nursery
premises which are planted and grown for the sale or intended sale to the
general public.
■
e. Any person may remove all or a portion of a tree which has disrupted a public
utility service due to tornado, storm, flood, or other act of God, but only that
portion of the tree which is necessary to safely restore normal utility service.
Page 5-6
Exhibit "A"
f. The following persons shall be exempt from the tree replacement provisions of
this Chapter. However, such persons shall provide tree protection and
replacements as per this Chapter for all remaining trees in non-exempt areas.
(1) A person performing work authorized by a building permit in the residential
buildable area(building setback envelope).
(2) A person performing work authorized by an approved site plan in the
commercial building footprint.
(3) A person performing work authorized by the approved grading and drainage
plan in the residential setback envelope as part of the construction of a new
subdivision only.
(4) An employee of the City of Colleyville and a public utility. Persons
specifically performing work on a public improvement as part of a new
subdivision plat or a separate dedication instrument in a dedicated public
right-of-way, drainage or utility easement are hereby exempt. For the
purpose of this sub-section, public improvements shall include any drainage
facilities, utilities or streets/sidewalks/trails. Fences, gates and open space
amenities are not considered public improvements.
B. Exempted Areas
1. New Residential Subdivisions that include public or private street dedications: Except
where noted above, the following areas shall be exempt from the tree preservation
requirements of this chapter:
a. Rights-of-way of newly dedicated streets; lots containing private streets.
b. Easements, only where new public improvements or facilities are being
constructed
c. Residential setback envelope
d. Residential driveway: Note: this area may only be declared exempt by the City
Council in a situation where no reasonable alternative driveway placement exists
on the property such that protected trees may be avoided. The City Council
determination process shall be through the submittal of an appeal request. As it
relates to this sub-section only, any appeal request shall not require payment of
an application fee and said request shall be scheduled on the next available
meeting.
2. Existing Platted Residential Lots and New Residential Subdivisions with no new
public or private street Dedications: Except where noted above, the following areas
shall be exempt from the tree preservation requirements of this chapter:
a. Residential setback envelope
b. Residential driveway: Note: this area may only be declared exempt by the City
Council in a situation where no reasonable alternative driveway placement exists
on the property such that protected trees may be avoided. The City Council
determination process shall be through the submittal of an appeal request. As it
relates to this sub-section only, any appeal request shall not require payment of
Page 5-7
Exhibit "A"
an application fee and said request shall be scheduled on the next available
meeting.
3. Platted Commercial/Institutional Lots: Except where noted above, the following areas
shall be exempt from the tree preservation requirements of this chapter:
a. Trees located within the new commercial/institutional building footprint and any
tree located within five feet of said building footprint.
C. Exempted Tree Species
1. Exempted Tree Species: The following tree species shall be exempt from the tree
preservation requirements of this chapter:
a. Mesquite
b. Hackberry
c. Chinese Tallow
d. Cottonwood Trees under 18 inches in diameter width
e. Cedar trees (Cupressaceae family) - Exceptions: Any species of cedar utilized
for required landscape screening as required by the Land Development Code or
the provisions of any other City ordinance and/or conditional variance shall not
be considered as exempt. Additionally, any Eastern Red Cedar planted as a
replacement tree per the provisions of this chapter shall not be considered as
exempt. Otherwise, any eastern red cedar that does not meet the above
exceptions shall be considered exempt only if the tree is less than 13 inches in
diameter width.
f. Other regionally non-native tree species not listed on the tree replacement list in
Section 5.14 and as determined by the Administrative Official based on the
written recommendation of a certified arborist and/or landscape architect
contracted or employed by the City. Said written recommendation shall kept on
file in the appropriate development records for the property for which the
determination is made.
Section 5.11 Tree Protection
A major purpose of this Chapter is to protect all trees which are not removed and to allow
approved construction to occur. The following procedures shall apply to all types of
construction projects, public and private,which involve development around trees.
The following procedures are deemed appropriate in the situations noted; however, unique
circumstances may allow modifications if deemed necessary by the Administrative Official.
A. Prohibited Activities: The following activities shall be prohibited with the limits of the
critical root zone of any tree which is subject to the requirements of this Chapter.
1. 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 tree.
Page 5-8
n
Exhibit "A"
2. Equipment Cleanin 9 / liquid disposal: No equipment ma be cleaned or other liquids
deposited within the limits of the critical root zone of a tree. This would include but
not be limited to, paint, oil, solvents, asphalt, concrete, mortar or other materials.
3. Tree Attachments: No signs, wires or other attachments, other than those of a
protective nature shall be attached to any tree.
4. Vehicular Traffic: No vehicular and construction equipment traffic or parking is
allowed within the limits of the critical root zone of trees.
B. Pre-Construction: The ensuing procedures shall be followed prior to construction.
1. Tree Flagging:All trees to be removed from the construction site shall be flagged with
bright red vinyl tape wrapped around the main trunk at a height of four feet (4') or
more such that the tape is visible to workers on foot or driving equipment.
2. Tree Identification: All protected trees shall be tagged with the unique classification
number described in Section 5.8. Said number shall correspond to the number listed
on the tree protection plan and shall be clearly visible and legible on a metallic
surface located between four and five feet above the base of the tree. The
classification number shall remain on the tree until all construction is complete and
final approval has been obtained by the City.
3. Protective Fencing: All protected trees shall have protective fencing located at the
tree's critical root zone. The protective fencing shall be comprised of orange vinyl
construction fencing, with a minimum of four-foot (4') approximate height. The
protective fencing may be located within the critical root zone of the specimen tree for
approved construction only as determined by the Administrative Official. The fencing
shall follow the delineation of the approved construction. In order to protect the trunk,
the trunks of all protected trees shall be wrapped with orange vinyl construction
fencing such that the trunk will be easily visible during construction activities.
4. Bark Protection: in situations where a tree remains in the immediate area of intended
construction, the tree shall be protected by enclosing the entire circumference of the
tree's trunk with lumber encircled with wire or other means that does not damage the
tree.
5. Construction Pruning: In a case where a low hanging limb may be broken during the
course of construction, the obtrusive limb may be cut. The limb shall be cut either
flush to the trunk on or at the next joint of the limb. The wound shall then be sealed
with pruning paint.
In no instance shall pruning involve a portion of the trunk or thirty percent (30%) of
the entire canopy without the Administrative Official's prior approval.
6. Site Signage: Prior to, and during, construction activities, a sign(s), clearly visible
from any adjacent roadways, shall be placed by the developer stating the following:
"All trees located within an orange fenced area are considered protected. To report
any tree protection violations, please contact (phone number designated by the
Administrative Official)". The Administrative Official may require the addition of more
specific contact information to the sign. Lettering shall be a minimum of 8 inches in
height, shall be legible and able to be read from a passing vehicle on any adjacent
roadway. The sign dimensions shall, at a minimum, be five feet in width and height,
The overall sign height shall be a minimum of eight (8) feet in height measured from
the ground to the top of the sign. The sign colors shall be as follows: lettering shall
be black, the sign background shall be fluorescent green.
Page 5-9
Exhibit "A"
C. Improvement within the Critical Root Zone of a Tree: Design constraints often dictate that
trees slated for preservation have some encroachment on their critical root zone, as
defined in Chapter 2 - Definitions. The following is the minimum design criteria, which is
allowed within the critical root zone of a tree. Development exceeding the criteria would
put the tree at risk and therefore no longer be considered a preserved tree. In such a
case replacement trees shall also be required.
1. Grade Changes: In the event that grade changes must be made around a tree or
group of trees, the following shall be implemented in order to maintain oxygen and
water exchange within the tree's critical root zone.
a. A minimum of seventy-five percent (75%) of the critical root zone must be
preserved at natural grade with natural ground cover or landscaping for the tree
to be considered a preserved tree.
b. No cut or fill greater than two inches (2") shall be located closer to the tree trunk
than one half(1/2)of the radius of the critical root zone radius distance.
c. Increase Grade: Provide an aeration system just outside the tree's critical root
zone. A dry well located a minimum of one-half(1/2) of the radius of the critical
root zone.
d. Decrease Grade: Provide retaining walls outside the critical root zone to mitigate
cuts.
2. Boring of Utilities: May be permitted under protected trees in certain circumstances.
The minimum length of the bore shall be the width of the tree's canopy and shall be a
minimum depth of forty-eight inches (48").
3. Trenching: irrigation systems shall be designed to avoid trenching across the critical
root zone of any tree.
4. Paving: A maximum of twenty five percent (25%) of the critical root zone of a tree
may be covered with impervious paving. The pavement and the cut and fill for the
pavement is to not exceed one-half(1/2) of the critical root zone radius distance.
D. Special Designated Tree Protection Areas by Other Ordinances and Plats: Any
specifically classified tree, landscape or other similar type of classification that prescribes
that trees and/or existing landscaping shall be protected within a specifically defined area
as a condition of a zoning ordinance such as PUD or SUP, variance and/or plat shall, at a
minimum, meet the following provisions:
1. During any construction activities, said area shall be completely contained within a
fenced area meeting the tagging and fencing requirements for tree protection in this
chapter.
2. Unless authorized as part of the original approving language for said area, or where
another code requirement applies to the maintenance and upkeep of high grass,
weeds and other related nuisances, no trees, landscaping, soil or vegetation of any
kind may be removed, or otherwise disturbed, within said area and no construction of
any kind may occur except
3. Unless noted as part of the original approving language for said area, the exemption
provisions for the resident of a single family home shall apply regarding the
provisions of this section.
Page 5-10
Exhibit "A"
Section 5.12 Mitigation Requirements
Any protected tree which is six inches (6") or greater that is removed, destroyed or more than
50% damaged and does not meet the exemption provisions of this chapter shall be mitigated per
the requirements of this section. In the event that the loss of a protected tree requires mitigation,
the party responsible for mitigation shall either replace the protected tree(s) by planting new
trees, pay a mitigation fee or a combination of both. For the purpose of this Chapter, trees
removed within any City right-of-way or other City owned property by anyone not exempted by
the provisions of this chapter shall be mitigated per the requirements of this section and other
applicable City ordinances.
The mitigation authorized by this section 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.
A. Mitigation Through Planting New Replacement Trees: A sufficient number and diameter
of replacement trees shall be planted in order to equal the total diameter inches or
fraction thereof of trees six inches (6") or greater and slated for removal.
1. All medium and large, and palm replacement trees shall be a minimum of six inches
(6") diameter when measured one foot (1') above the soil line and a minimum of 12
feet in height when planted. All screening and ornamental trees shall be a minimum
of three inches (3") diameter when measured one foot (1') above the soil line and a
minimum of eight(8)feet in height when planted.
Examples-
a. A total of 18" diameter to be removed shall be replaced with 3—6" diameter
medium, large or palm trees.
b. A total of 18" diameter to be removed shall be replaced with 6— 3" diameter
screening and ornamental trees.
2. All replacement trees shall be a species listed on the replacement tree list and
guaranteed for three years from the date of the final inspection and acceptance of the
project. In instances where a replacement tree satisfies a landscaping requirement
as regulated in Chapter 4-Landscaping and Buffering, then said tree shall be
maintained per the provisions of Chapter 4.
3. The location of replacement trees is restricted from utility easements and rights-of-
way. The location shall not be in an area such that the mature canopy of the tree will
interfere with overhead utility lines. No trees shall be planted within ten feet (10') of a
fire hydrant.
4. Replacement trees should be planted on the site from which existing trees are to be
removed. If this is not feasible, an applicant may initiate a proposal to plant trees off-
site. This may be approved if the planting site is no more than one-half mile from the
site where the original trees were removed.
a. Replacement trees shall be planted prior to the issuance of the Certificate of
Occupancy or project release. Optimum planting times do not always
correspond to project completion. For that reason, replacement tree plantings
may take place after the project is released by the City; provided, that before
project release, a fiscal security is posted in the amount equal to the prevailing
rate for installed trees with a three (3) year guarantee, plus fifteen percent (15%)
to cover administrative cost.
Page 5-11
Exhibit "A"
b. A minimum of 75 percent of all replacement trees planted as part of the required
mitigation for a development under the provisions of this section shall be
classified as a medium and large tree as listed on the replacement tree list
B. Mitigation Through Payment of Fee: A monetary fee of$250.00 per diameter inch of the
tree(s) removed or damaged shall be assessed and paid to the City of Colleyville. All
mitigation fees shall be deposited into the City's Tree Preservation Fund. All funds shall
be paid prior to the final approval and/or issuance of the Certificate of Occupancy.
C. Mitigation of Heritage Trees: Heritage Trees, as defined in Chapter 2 — Definitions and
noted in Section 5.8:
1. A monetary fee of $500.00 per diameter inch of the Heritage Tree removed or
damaged shall be assessed and paid to the City of Colleyville and deposited into the
City's Tree Preservation Fund. All funds shall be paid prior to the final approval
and/or issuance of the Certificate of Occupancy. or;
2. If replacement trees are to be planted, the total amount of replacement inches to be
planted shall be in an amount that is twice the diameter inches of the Heritage
Tree(s) removed and shall, otherwise, meet the requirements of Section A above.
D. Colleyville Tree Preservation Fund: All mitigation fees and non-criminal penalties
mentioned below shall be paid into the Colleyville Tree Preservation Fund. The fund
shall be administered by the City Manager or his/her designee and shall only be used for
the planting of new trees on City owned or leased properties, rights-of-way and other
public properties such as public schools, county and State properties located within the
City of Colleyville.
E. If any protected tree dies within three (3) years of the issuance of the certificate of
occupancy, final inspection or acceptance of public improvements and is brought to the
attention of the city manager or his/her designee, the original permit applicant shall be
subject to the replacement/mitigation requirements for protected trees per this section.
Section 5.13 Penalties and Violations
A. Civil Penalties: If any protected tree is removed from any real property without a tree
removal permit, or if a protected tree is injured during construction where an active tree
removal permit has been issued because of failure to follow required tree protection
measures of this chapter such that the tree dies or may reasonably be expected to die,
the City shall have the authority to impose the following penalty:
1. The violator shall plant new trees at a rate that is three times the diameter inches of
tree(s) removed. All plantings shall meet the requirements of Section 5.12. For
example, if a 20 inch diameter width tree is removed in violation of this Chapter, then
a minimum of 60 inches of new trees shall be planted. A planting plan for the new
trees shall be provided to the Administrative Official no later than 30 days from the
date of the offense. The new trees shall be planted no later than 90 days from the
date of the offense or, if the site is under construction, the new trees shall be planted
when all other required landscaping and/or mitigation is planted. The City shall have
the authority to hold any development related administrative approvals for the
property on which the violation occurred and may impose a stop work order until the
penalty is addressed through the submittal of an approved planting plan and/or the
planting of new trees. In the event that the trees are not planted within the
prescribed timeframe, the City may delay any related administrative approvals for the
property and may impose a lien on the property until such time the trees are planted.
Page 5-12
Exhibit "A"
2. If the violator, due to property constraints or other impediments, cannot plant the
required new trees mentioned in Section One, the violator may petition the City
Council through the appeal process mentioned in Section 5.14 to allow a monetary
penalty in lieu of the above planting requirements. Said monetary penalty shall be a
minimum of $750.00 per caliper inch of diameter width of the protected tree(s)
removed or damaged, payable to the tree preservation fund mentioned above. If a
tree is removed without authorization and the size of the tree cannot be determined
given the lack of a tree survey or other official documentation, then the minimum
penalty shall be $15,000.00 per tree. If approved by the City Council, said penalties
shall be paid no later than 30 days from the action of the City Council. The City shall
have the authority to hold any development related administrative approvals for the
property on which the violation occurred and may impose a stop work order until the
penalty is paid. In the event that the penalty is not paid within the prescribed
timeframe, the City may impose a lien on the property until such time the penalty is
paid.
B. Criminal Penalty: In addition to the civil penalties of this chapter, any person violating or
failing to comply with any provision or requirement of this Chapter, including but not
limited to the mitigation requirements of this section, shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall, without exception, be fined the
maximum amount of $2,000.00. A separate offense shall be deemed committed upon
each day during or on which each separate violation or failure to comply occurs or
continues to occur and shall be punishable as such.
Section 5.14 Appeals
Any appeal to the provisions of this chapter and/or any appeal to a decision of the Administrative
Official relative to the provisions of this chapter shall be heard by the City Council.
Section 5.15 Replacement Tree List
The following is the list of appropriate and approved replacement trees which have been
selected on the basis of their suitability in the urban environment of North East Tarrant
County.
°1 figs , " fx t a €: 11 t *
p , vREPLACE ENT TR-E LIST g � q
��,.
SCREENING TREES ORNAMENTAL TREES MEDIUM AND LARGE TREES PALMS
ARBORVITAE BLUE POINT JUNIPER AMERICAN ELM CALIFORNIA FAN PALM
BLUE POINT JUNIPER CAROLINA BUCKTHORN ARISTOCRAT PEAR MEXICAN FAN PALM
CHINESE PHOTINIA CAROLINA CHERRY LAUREL ARIZONA CYPRESS NEEDLE PALM
CAROLINA CHERRY LAUREL CRAPE MYRTLE BALD CYPRESS SABAL PALM
EAST PALATKA HOLLY DECIDUOUS HOLLY BOIS D'ARC WINDMILL PALM
EASTERN RED CEDAR DESERT WILLOW BUR OAK
LITTLE GEM MAGNOLIA EAST PALATKA HOLLY CEDAR ELM
NELLIE R.STEVENS HOLLY FIG CHINESE PISTACHE
SAVANNAH HOLLY ITALIAN CYPRESS CHINQUAPIN OAK
WAX MYRTLE JAPANESE MAPLE DEODAR CEDAR
YAUPON HOLLY LACEY OAK EASTERN RED CEDAR
MEXICAN BUCKEYE EVES NECKLACE
NELLIE R.STEVENS HOLLY FOREST PANSY REDBUD
OKLAHOMA REDBUD GINKGO BILOBA
Page 5-13
Exhibit "A"
SAVANNAH HOLLY LACEBARK ELM
SUMAC LITTLE GEM MAGNOLIA
TEXAS MOUNTAIN LAUREL LIVE OAK
VITEX PECAN
WAX MYRTLE PERSIMMON
YAUPON HOLLY SHANTUNG MAPLE
SHUMARD RED OAK
SOUTHERN MAGNOLIA
Section 5.16 Amendments
Reserved for listing of amendments to this Chapter.
Ord. Number Date Subject
0-00-1214 4-18-00 Adoption of Tree Preservation in Land Development Code
0-09-1734 11-4-09 Amendments to Chapter 5 based on recommendations of
consultant
0-14-1933 10/6/2014 Comprehensive amendments including incentives for preserving
native tree stands,addition of fees,changes to penalties and other
modifications
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Page 5-14