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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 -1- T I 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. -2- T 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 -3- T I 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. -4- "-T 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. -5- 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. -6- T 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 -7- "..T 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 -8- 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"). -9- 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. -10- 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. -11- AND IT IS SO ORDERED. The fi)ift reading and public hearing being conducted on the ~ day of a\./ , 1993. J ft~ I 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 -12- T 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 -13- T 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. -14- T r