HomeMy WebLinkAboutOrdinances (O-93-900)-06/15/1993
ORDINANCE NO.
o - 93 - 900
AN ORDINANCE ESTABLISHING CRITERIA AND REGULATIONS FOR THE PRESERVATION
OF TREES AND VEGETATIVE COVER, PROVIDING MINIMUM STANDARDS, AND TO
PROVIDE FOR THE REPLACEMENT AND REPLANTING OF TREES THAT ARE REMOVED
DURING CONSTRUCTION, DEVELOPMENT OR REDEVELOPMENT.
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
the City Council of COlleyville finds that tree preservation
is desirable to further the public welfare; and
trees purify the air by filtering pollutants and dust and
release oxygen into the air; and
trees protect land and structures by binding the soil,
reducing runoff and minimizing flood damage; and
trees are known to add dollar value to residential and
commercial property and to increase income levels and tax
revenues by attracting new business, industry and residents
through improving a city's image; and
trees are a valuable amenity to the urban environment and
serve to create greater human comfort by providing shade,
cooling the air and otherwise tempering the effect of summer
heat, thereby reducing the requirements for air conditioning
and the subsequent depletion of scarce resources.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1
Sec. 2
INTENT: The intent of this ordinance 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
ordinance 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.
Maintain and enhance a positive image for the attraction of
new business enterprises to the City.
DEFINITIONS: For the purpose of this ordinance, certain words
or terms applicable hereto are defined as hereinafter
provided. Words and terms used in this ordinance, but not
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defined in this ordinance shall have the meanings ascribed
thereto 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.
A. DRIP LINE: The ground area on which an imaginary
vertical line which runs through the outermost portion
of the crown of a tree and extends to the ground.
B. CRITICAL ROOT ZONE: The area within the drip line of
the tree. As a practical matter, this is the acute
portion of the tree's root system. Approximately 99
percent of the tree's root mass occurs within the top
three (3') feet of the soil and most of the fine feeder
roots which collect moisture and nutrients are located
in the top four inches (4") of the soil. Typically, a
tree's root system extends as much as two to three times
the distance from the trunk to the drip line.
C. TREE: Any self-supporting woody perennial plant which
has attained a trunk diameter of three inches (3") or
more when measured at a point four and one half feet (4
1/2') above surrounding grade and normally an overall
height of at least fifteen feet (15') at maturity,
usually with one (1) main stem or trunk but possibly
having several stems or trunks.
D. DIAMETER: The thickness of a tree trunk measured
perpendicular to its axis at four and one half feet (4
1/2') above surrounding grade; measured, if the tree is
on a slope, from the high side of the slope; and
measured above or below unusual swells in the trunk.
To determine the diameter of a multi-trunk tree, measure
all the trunks, add the diameter of the largest trunk to
one half (1/2) the diameter of each additional trunk.
A multi-trunk tree is differentiated from individual
trees growing from a common root stock if there is a
visible connection between the trunks above ground.
Diameter for replacement trees shall be measured at a
point one foot (1') above the soil line of the tree.
E. DIRECTOR: The Director of the Community Development
Department of the City of Colleyville.
F. RESIDENTIAL SETBACK ENVELOPE: The portion of a
residential lot which lies between the front setback and
rear setback of a residential lot. Applicable only to
grading and drainage plans for residential subdivisions.
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Sec. 3
Sec. 4
G. COMMERCIAL BUILDING FOOTPRINT: The portion of the lot
which lies beneath the building pad. Applicable only to
commercial and institutional development.
H. BUILDABLE AREA: The portion of a residential lot which
includes: (1) All property between the front yard
setback and the rear property line. (2) All property
which lies under a single driveway not greater than
twenty feet (20') in width, extending from the front
property line to the garage. Applicable only to
residential development.
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 ordinance without first
obtaining a tree removal permit, unless otherwise exempted by
the provisions of Section 4. B. of this ordinance.
APPLICABILITY: The terms and provisions of this ordinance
shall apply to real properties, persons and trees as follows:
A. Properties which are regulated by this ordinance:
1. Any real property upon which any designated tree is
located.
2. Any property for which a final plat has not been
submitted on the date of this ordinance.
3. Any property for which construction plans have not
been submitted on the effective date of this
ordinance.
4. All municipal/public domain property.
B. The following persons are exempt from the provisions of
this ordinance only to the extent of their control over
the particular class of properties and trees described
below. Persons exempt from the provisions shall not be
required to obtain tree removal permits in the
circumstances described.
1. An employee of a public utility or an authorized
contractor working in a dedicated public right-of-
way may in the course of business, remove or prune
that portion of a tree which prohibits the safe
construction, repair or maintenance of a service
line or facility.
2. 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.
3. A property owner or his authorized contractor,
employee or tenant may remove a tree which has
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Sec. 5
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 Director.
4. 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.
5. 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.
C.
The following persons shall be exempt
replacement provisions of Section 7.
persons shall provide tree protection as
and replacements as per section 7 for
trees in nonexempt areas.
from the tree
However, such
per section 8
all remaining
1. A person performing work authorized by a building
permit in the residential buildable area.
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.
4.
An employee
performing
subdivision
instrument
drainage or
of a public utility or a person
work authorized by an approved
plat or a separate dedication
in a dedicated public right-of-way,
utility easement.
APPROVAL PROCESS AND ADMINISTRATIVE PROCEDURES: The Director
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. Residential Subdivisions: The Director shall determine
from a review of subdivision tree surveys, grading and
drainage plans the following:
1. The trees outside of the exempted areas of
R.O.W., easement and residential setback
envelope which are slated for removal.
2. The extent of tree replacement in accordance
with Section 7.
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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 tree preservation. In
the event 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 preliminary plan
application. If, however, the applicant does not
substitute said alternate layout or another acceptable
plan to the Commission, failure of the applicant to do
so shall be a basis for denial of the applicant' s
application.
Approval of the construction drawings by the City
Engineer shall constitute approval of a tree removal
permit for the street and utility construction phase of
the subdivision.
B. Platted Residential Lots: The Director shall review
building permits for platted lots and determine the
following:
1. The trees outside of the exempted buildable
area which are slated for removal.
2. The extent of tree replacement in accordance
with Section 7.
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 the tree preservation ordinance.
C. Platted Commercial Lots: The Director shall review
building permits for commercial lots and determine the
following:
1. The trees outside of the exempted commercial
building footprint which are slated for
removal.
2. The extent of tree replacement in accordance
with Section 7.
If the tree removal permit application is made in
conjunction with a site plan submitted for approval, the
application will be considered as part of the site plan
and no permit shall be issued without site plan
approval.
D. Appeals: Any decision made by the Director with regard
to a request for a tree removal permit may be appealed
by any party to the Planning and zoning Commission. All
actions of the Commission shall be final.
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Sec. 6
E. Permit Validity: Permits for tree removal issued in
connection with a building permit, subdivision plan and
site plan shall be valid for the period of that 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 ninety (90)
days after the issue date on the permit.
SUBMITTAL REQUIREMENTS: The Director shall establish
administrative procedures necessary to facilitate the
implementation and enforcement of this ordinance. These
procedures shall include the following:
A.
Tree Removal Permit: A request for a tree
permit must be submitted and approved prior
removal of any tree.
removal
to the
B. Fees: All tree removal permits shall be accompanied by
a check made payable to the City of Colleyville in the
amount established by the schedule of fees approved by
the City Council.
C. An application involving a limited portion of a site may
be based on an exhibit showing only that portion of the
site.
D. Aerial photographs interpretation may supplant the
ground survey for preliminary analyses of large scale
developments, such as subdivisions, utility corridors
and golf courses, at the discretion of the Director.
E. The items required on a submitted exhibit:
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.
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 and canopies of all existing
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.
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Sec. 7
Sec. 8
5. Proposed general areas or locations of the
replacement trees.
F. Tree information required shall be summarized in legend
form on the plan and shall include:
1. The list of trees to be removed.
2. The total diameter of trees to be removed.
3. Replacement trees listed by species name, quantity,
size and total diameter required for replacement of
trees. (See Appendix "A" for replacement tree
list. )
G. Tree protection notes and details shall be included on
site plans, subdivision plans or landscape plans and
always included with the bid documents given to the
contractor. (See Appendix "B")
TREE REPLACEMENT REQUIREMENTS: In the event that it is
necessary to remove a tree which is three inches (3") or
greater via permit approval, the applicant, as a condition to
issuance of a tree removal permit, shall be required to
replace the trees being removed with quality trees as defined
herein. This mitigative measure 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. A sufficient number and diameter of replacement trees
shall be planted in order to equal the total diameter
inches or fraction thereof of trees three inches (3") or
greater and slated for removal.
B. Replacement trees shall be a minimum of three inches
(3") diameter when measured one foot (1') above the soi 1
line and a minimum of eight feet (8') in height when
planted.
Examples:
1. A total of 18" diameter to be removed shall be
replaced with 6 - 3" diameter trees.
2. A total of 19" diameter to be removed shall be
replaced with 7 - 3" trees OR 5 - 3" trees and 1 -
4" tree.
c. All replacement trees shall be guaranteed for one year
from the date of the final inspection and acceptance of
the project.
TREE PROTECTION: A major purpose of this ordinance is to
protect all trees which are not removed and to allow approved
construction to occur. The following procedures shall apply
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to all types of
development around
construction
trees.
projects
which
involve
The following procedures are deemed appropriate in the
situations noted; however, unique circumstances may allow
modifications if deemed necessary by the Director.
A.
Prohibited Activities:
be prohibited with the
tree which is subj ect
ordinance.
The following activities shall
limits of the drip line of any
to the requirements of this
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 drip line of any tree.
2. Equipment Cleaning / liquid disposal: No equipment
may be cleaned or other liquids deposited within
the limits of the dripline 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
attachments, other than those of a
nature shall be attached to any tree.
or other
protective
4. Vehicular Traffic: No vehicular and construction
equipment traffic or parking is allowed within the
limits of the dripline 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. Protective Fencing: All trees shall have
protective fencing located at the tree's drip line.
The protective fencing may be comprised of snow
fencing, orange vinyl construction fencing, chain
link fence or other similar fencing with a four
foot (4') approximate height. The protect i ve
fencing may be located within the drip line of the
specimen tree for approved construction only. The
fencing shall follow the delineation of the
approved construction.
3.
Bark Protection: In situations
remains in the immediate area
construction, the tree shall be
enclosing the entire circumference
where a tree
of intended
protected by
of the tree's
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trunk with lumber encircled with wire or other
means that does not damage the tree.
4. 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 ether 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 of the
entire canopy without the Director's prior
approval.
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. 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 should 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 drip line. 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 dripline 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").
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Sec. 9
Sec. 10
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.
TREE PLANTING REGULATIONS:
A. Easements and R.O.W: The location of replacement trees
is restricted from utility easements and R.O.W.. 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.
B. Off Site planting of Replacement Trees: Replacement
trees should be planted on the site or easement 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 in reasonable proximity to the project area.
C. 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 one (1) year
guarantee, plus fifteen percent (15%) to cover
administrative cost.
VIOLATIONS: Any person violating or failing to comply with
any provision or requirement of this section shall be deemed
guilty of a misdemeanor and, upon conviction thereof, shall,
without exception, be fined the maximum amount provided in
this chapter. 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.
A. A monetary penalty of $100.00 per diameter inch of the
tree(s) removed or damaged shall be assessed and paid to
the City of Colleyvillei and
B. The tree which is removed or damaged shall be replaced
with new trees having a total tree diameter width equal
to the specimen tree removed or damaged.
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Sec. 11
Sec. 12
Sec. 13
B. The tree which is removed or damaged shall be replaced
with new trees having a total tree diameter width equal
to the specimen tree removed or damaged.
Chapter 9, Section 3, sub-section A (4) of the Subdivision
Ordinance is hereby amended by adding a new
subparagraph 9-3, A (4) (g) to read as follows:
"(g) A recent aerial photograph indicating the general
coverage of trees on the property. The aerial
photograph shall have been taken during a growing
season and shall be a minimum scale of 1" = 200'.
A more detailed partial or total tree survey
indicating trunk diameter and location, canopy
outline, species and plans for tree removal may be
required if deemed necessary by the Director of
Corrununity Development."
Chapter 9, Section 3, Subsection A (5) of the Subdivision
Ordinance is hereby amended by adding a new sub-paragraph 9-3,
A (5) (i) to read as follows:
" (i) A plan for the tree replacement per the City of
Colleyville Tree Preservation Ordinance. The
submission of a preliminary plan which indicates
either no attempt or an inadequate attempt to
preserve existing trees may be cause for
disapproval of the preliminary plan."
The City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause
hereof as an alternative method of publication provided as
law.
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AND IT IS SO ORDERED.
The fi)ift reading and public hearing being conducted on the ~ day
of a\./ , 1993. J ft~
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The s~nd reading and public hearing being conducted on the day
of un! , 1993. IStb.
The thJrd reading and public hearing being conducted on the day
of \.. Ufl t ,1993.
A2~ ;d~
/m(~-
Jean Harris, CMC
City Secretary
CITY OF COLLEYVILLE
Richard Newton
Mayor
A~~6RM AND
flr{;?T( Fo er
City Attorney
LEGALITY:
LAL/ORD/093900
UPDATED: 8/23/93
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APPENDIX 'A'
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.
Common Name
Botanical Name
Pecan
Cedar Elm
Lacebark Elm
Red Oak
Live Oak
Bur Oak
Post Oak
Black Jack Oak
Chinquapin Oak
Chinese pastiche
Sweetgum
Austrian pine
Southern Magnolia
Bald Cypress
Red Bud
Carya illinoensis
Ulmus crassifolia
Ulmus parvifolia
Quercus shumardii
Quercus virginiana
Quercus macrocarpa
Quercus stellata
Quercus marilandica
Quercus mulenbergii
pistacia chinensis
Liquidambar styraciflua
pinus nigra
Magnolia grandiflora
Taxodium distichum
Cercis canadensis
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APPENDIX 'B'
The following notes shall be required as a part of 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 dripline. 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 trunk 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. In addition to the reduced fencing.
4. All grading within critical root zones of specimen 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.
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