HomeMy WebLinkAboutOrdinances (Ordinance O-19-2073)-01/22/2019ORDINANCE 0-19-2073
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
CHAPTER 5 - TREE PRESERVATION OF THE LAND DEVELOPMENT
CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF;
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 of the Land Development Code as part of a comprehensive
review of the Land Development Code; and
WHEREAS, notice of a public hearing before the City Council was published
in a newspaper of general circulation in Colleyville at least 15 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 are hereby amended 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 in addition to and accumulative of all other penalties, the
City shall have the right to seek injunctive relief for any and all
violations of this ordinance.
Ordinance 0-19-2073
Page 2 of 2
Sec. 5. THAT this ordinance shall take effect immediately from and after
its passage.
Sec. 6. THAT all other provisions of the Land Development Code shall
remain in full force and effect, except as amended herein.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 15t" day of
January 2019.
The second reading and public hearing being conducted on the 22"d day of
January 2019.
PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS ON THIS THE 22ND
DAY OF JANUARY 2019.
Mayor Richard Newton Aye Mayor Pro Tern Bobby Lindamood Aye
Place 1, Tammy Nakamura Aye Place 5, Chuck Kelley Aye
Place 3, Kathy Wheat Ave Place 6, Callie Rigney Ave
Place 4, George Dodson Ave
ATTEST:
Christine Loven, TRMC
City Secretary
APPRO AS T O-R 1WW.
�YNhitt . Wyatt
City Attorney
C O(F�C�OLLEYVILLE
Richard Newton
Mayor
Exhibit "A"
{Chapter 5}
........................................................................................................................
Chapter 5
Urban Forestry
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Section 5.1 Purpose of This Chapter
The purpose of this chapter is to promote, conserve, and enhance the City's Urban Forest by:
• Recognizing the historical and cultural importance of the Eastern Cross Timbers and its
impact on Colleyville
• Recognizing the environmental, economic, social, and aesthetic benefits of trees
• Encouraging and facilitating site planning and design which preserves trees and natural
areas
• Protecting trees during construction
• Limiting the removal of trees
• Providing for the establishment of a diversity of native and adapted trees.
It is the further intent of this chapter to:
• Compliment Destination Colleyville, the City of Colleyville Comprehensive Master Plan
• Compliment The City of Colleyville Parks Master Plan
• Maintain and enhance Colleyville's identity as a Tree City USA.
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.
Definitions applicable to this chapter may be found in Chapter 2 — Definitions of this Land
Development Code.
hZ=ibi4r.71 d:T:Z:<aiiT.rxl FTiT 01No person directly or indirectly shall cut down, destroy, remove, move, damage, or effectively
destroy through damaging the roots, trunk or canopy, any tree without first obtaining the required
approvals or permits as outlined in this chapter, unless otherwise exempted by the provisions of
this chapter.
aectron a.o Hppucaouny I
A. Prior to the following activities, review and approval of that activity's compliance with this
Page 5-1
chapter (Urban Forestry Review) shall be completed by the Administrative Official unless
subject to the exemptions in Paragraph B:
1. Removal, damage, or adverse impact of any Protected Tree.
2. Construction or expansion of structures for which a building permit is required.
3. Demolition of structures.
4. Clearing, grading, excavation, filling, or paving on any site or property that has
existing Protected Trees.
5. Subdivision of land into lots by Preliminary Plat, Final Plat, Minor Plat, or Replat.
6. Required site and landscape plan submittals for commercial or institutional uses
as well as any site plans for a PUD, SUP, or other Zoning Case.
B. Exemptions to Urban Forestry Review:
1. Authorized City employees or contractors and authorized Franchise Utility
employees or contractors may, in the course of official business, remove, damage,
or adversely impact Protected Trees or portions thereof which exist in a dedicated
public street right-of-way or a public utility easement which the City or Franchise
Utility has an interest in. The removal, damage, or adverse impact shall be limited
to the extent reasonably necessary to install, maintain, or replace utilities or
infrastructure. If a Tree Preservation Plan is approved showing to preserve trees
in public utility easement or street right-of-way dedicated for new or expanding
streets, then those trees shall be preserved and protected per the approved plans.
Ordinance 0-98-1130 shall govern management and control of all trees within City
street right-of-ways, City public parks, and City owned facilities.
2. Any of the above activities may be done without Urban Forestry Review on
properties with an active single-family use that are zoned RE, R-40, R-30, R-20, &
R-15 and where a habitable single-family home exists and is occupied as the
primary residence of the landowner. If the landowner owns contiguous individual
lots or tracts, the sum of all land shall be used to determine the size restriction of
this exemption.
3. 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.
All new development and redevelopment, to include additions, shall provide a minimum site tree
canopy coverage per this Section through preservation of existing trees on the same site and
establishment of new trees on the same site.
A. Calculation of Tree Canopy:
1. The canopy area for each existing Protected Tree shall be assumed as a circle
having a radius in feet equal to the DBH (Diameter at Breast Height) in inches of
that tree. Example: A 10 inch DBH tree would have a canopy diameter of 20 feet
and a canopy area of 314 square feet.
2. Protected Tree. A Protected Tree is defined as a woody perennial plant which has
attained a DBH of six (6) inches or more and has an overall height of at least fifteen
(15) feet. Mesquite (Prosopis glandulosa), Hackberry/Sugarberry (Celtis
laevigata), Chinese Tallow (Triadica sebifera), Hercules' Club (Zanthoxylum clava-
herculis), Honeylocust (G/editsia triacanthos), Osage Orange (Maclura pomifera),
Callery Pear (Pyrus cal/eryana), Chinaberry (Melia azedarach), Eastern
Cottonwood (Populus de/toides) less than 18 inches DBH, and Eastern Redcedar
(Juniperus virginiana) less than 13 inches DBH are excluded from this category
and are considered Non -Protected Trees. Any Non -Protected tree used as a
replacement (mitigation) tree or as a required tree on a commercial landscape plan
shall require replacement (if removed) with a tree or trees that meet the caliper or
canopy requirements for that lot, land use, or district.
Page 5-2
3. The canopy area for each new tree shall be credited based on the categories of
large, medium, and small canopy trees: Large — 2,000 sq. ft.; Medium —1.000 sq.
ft.; Small — 100 sq. ft. The Administrative Official shall develop, update, and
maintain on file a list of tree species and their associated size category and canopy
credit.
B. Non -single-family residential uses:
1. Preservation of a minimum of 50% of the Protected Tree Canopy outside the
Commercial Building Envelope (building footprint plus a five (5) foot buffer) shall
be required.
2. In addition to the minimum tree preservation as required in #1, provision of a
minimum of 50% site tree canopy coverage on the lot outside the Commercial
Building Envelope (building footprint plus a five (5) foot buffer) shall be required.
This is accomplished through the preservation of existing trees and/or the
supplemental planting of new trees per the tree planting credit in Paragraph 'A'
above. See appendix'A' for examples.
C. Development or redevelopment of single-family residential uses on individual lots or tracts:
1. Preservation of a minimum of 50% of the Protected Tree Canopy outside the
Residential Building Envelope (building footprint plus a ten (10) foot buffer) shall
be required.
2. In addition to the minimum tree preservation as required in #1, provision of a
minimum of 50% site tree canopy coverage on the lot outside the Residential
Building Envelope (building footprint plus a ten (10) foot buffer) shall be required.
This is accomplished through preservation of existing trees and/or the
supplemental planting of new trees per the tree planting credit in Paragraph 'A'
above. See appendix "A" for examples.
D. Additions and expansions to existing single-family residential uses on individual lots or
tracts:
1. When an addition or expansion to the footprint of a single-family residence equals
50% or more of the existing footprint, the regulations per Paragraph 'C'above shall
apply.
E. Development of new single-family residential subdivisions:
1. Preservation of a minimum of 50% of the Protected Tree Canopy on the entire
subdivision shall be required. The calculation shall include Protected trees located
in newly dedicated streets (public or private), public water, sanitary sewer, gas,
electric, telecommunication, drainage and general utility easements. The
calculation shall exclude trees located in existing public utility easements
containing existing in-service water, sanitary sewer, gas, electric, or
telecommunication installations as well as additional public street right-of-way
dedicated adjacent to an existing public or private street. The purpose of not
excluding trees in new streets and easements is to promote subdivision design
and layout that prioritize preservation of trees.
2. Within the required primary building setback areas (non -buildable areas for primary
structure), a minimum of 75% of the Protected Tree Canopy shall be preserved.
This is a separate calculation from that in Paragraph E.1.
3. Once the subdivision is constructed, all improvements are accepted by the City,
the Administrative Official has inspected and verified compliance with required tree
preservation, and Community Development has issued a letter of acceptance
allowing submittal of new single-family building permits, then the preservation
requirements of Paragraph C shall apply and each lot will be reviewed separately
for tree preservation and planting based on that lots remaining trees and proposed
location of single-family home.
Page 5-3
Artificial Lots:
1. When more than 50% of a lot or tract being developed or redeveloped is to remain
untouched by tree removal, grading, excavation, filling, paving, or building, then an
artificial lot may be delineated around the portion being developed and serve as
the basis for calculation of tree canopy preservation and coverage. The
delineation should not leave small strips or gaps adjacent to property lines and
should generally only leave out one side of a property. Review and pre -approval
of delineation for artificial lots shall be required.
G. Dead, Declining, and Hazardous Trees:
1. Any tree that the Administrative Official determines to be dead, declining beyond
reasonable recovery effort, or that has a high or extreme hazard rating based on
the ISA Basic Tree Risk Assessment that cannot be mitigated to a lower risk, shall
be exempt from inclusion in the review of tree preservation and canopy cover
calculation.
A. Heritage Trees are those specimens that have attained a significant age and are the heritage
of earlier residents of Colleyville or simply pre -date the community. All post oaks and blackjack
oaks 15 inches DBH (Diameter at Breast Height) and larger, cottonwood, water oak, green and
white ash 35 inches DBH and larger, and all other Protected Tree species 25 inches DBH and
larger are hereby considered Heritage Trees.
B. Removal of any Heritage Tree in any location shall require mitigation by one of the following
options:
1. Plant trees with a total canopy credit of five (5) times the canopy area of the
removed tree. Trees shall be planted on the same property that the Heritage Trees
are removed unless an alternative location within the City is approved by the
Administrative Official. The tree planting standards of Section 5.10 shall apply.
2. Pay into the City of Colleyville Tree Fund at a rate of $100 per DBH inch.
The following procedures shall be followed for all construction projects which involve activity
that requires Urban Forestry Review, unless an alternative is deemed appropriate by the
Administrative Official.
A. Pre -Construction: The ensuing procedures shall be followed prior to construction.
1. All Preserved 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.
2. Lumber shall be wrapped vertically around the tree trunk and held in place with wire or
any other non -damaging method if a tree is within ten (10) feet of the construction of a
building or any other situation determined by the Administrative Official that would pose
a physical risk to the tree trunk.
3. In order to prevent damage to low hanging limbs, anything that may be impacted by
equipment shall be pruned according to ANSI A300 standards.
4. Each area of tree protection shall require temporary signage that indicates the area is
a "Tree Protection Area" and to "Keep Out". A wording standard will be developed,
updated, and maintained by the Administrative Official. The wording shall be in English
Page 5-4
and Spanish and include the appropriate contact phone number with the City to report
violations.
B. During Construction: The following procedures shall be followed within the limits of the
Critical Root Zone (CRZ) of any Preserved Tree for any activity that is subject to the
requirements of this chapter.
1. No placement of materials intended for use in construction or waste materials
accumulated due to excavation or demolition.
2. No equipment may be cleaned or other liquids deposited. This would include but not
be limited to, paint, oil, solvents, asphalt, concrete, mortar or other materials.
3. No signs, wires or other attachments, other than those of a protective nature shall be
attached to the trees.
4. No vehicular and construction equipment traffic or parking.
5. Underground utilities shall be bored underneath trees' CRZ unless pre -approved by
the Administrative Official.
6. Irrigation systems shall be designed to NOT require trenching across the critical root
zone of any tree unless otherwise approved by the Administrative Official.
7. No digging, building, paving, or elevation changes.
1. Section 5.10 Tree Planting Standards
All new trees required to be planted under this chapter shall meet the following standards.
A. Minimum size shall be three (3) inch caliper for large and medium canopy trees and one
and one-half (1.5) inches for small canopy trees, measured at six (6) inches above the root
flare.
B. Minimum spacing between trees is thirty (30) feet for large, fifteen (15) feet for medium,
and eight (8) feet for small trees. Adjacent trees of different sizes shall meet the spacing
requirement of the smaller tree.
C. Trees shall be free from severe bark, cambium, or limb damage due to handling and
planting.
D. Trees shall be healthy and have minimal branch dieback.
E. Trees shall have a single trunk or stem unless they are a small canopy tree whose
ornamental value is attributed to having multiple stems.
F. Trees shall not have co -dominant terminal leaders.
G. Trees shall not be planted with the root collar bellow the soil and mulch shall not be piled
up against the trunk.
H. Newly planted trees shall be kept healthy and in good condition for a minimum of thirty-six
(36) months, or three (3) years. If a newly planted tree does not survive, it shall be replaced
with the same or similar tree type (large, medium, or small tree).
I. Trees shall be selected from the City of Colleyville Preferred Tree Planting List, to be
developed, updated, and maintained on file. Trees outside of the list require pre -approval
by the Administrative Official.
J. Trees shall not be planted in public utility easements or public street right-of-way without
approval of the Administrative Official.
A. Tree Removal Permit
Page 5-5
1. An application for tree removal permit must be submitted, reviewed for compliance with
this chapter, and approved prior to the removal of any tree.
B. For trees that have become an immediate high hazard to persons or property, the hazard
can be mitigated to a safe condition prior to permitting, but the tree parts and evidence of
the damage should not be removed from the site unless sufficient photo evidence is taken
in advance. An after -the -fact tree removal permit will be required within 30 days of the
event and no fees or mitigation will be required as long as sufficient evidence of the hazard
can be provided. If trees are removed prior to review or approval of a tree removal permit
and no evidence can corroborate the hazard then the City may enforce the penalties of this
chapter.
C. Fees: All tree removal permits shall be accompanied by a check made payable to the City
of Colleyville per the following schedule:
1. A person that owns and has primary residence of a single-family home on a lot or
combination of contiguous adjacent lots or tracts that total more than one (1) acre will
not be charged a permit fee.
2. All others will require a $50 base fee plus an additional $25 per Protected Tree that is
to be removed.
3. Any tree that the Administrative Official determines to be dead, declining beyond
reasonable recovery effort, or that has a high or extreme hazard rating based on the
ISA Basic Tree Risk Assessment that cannot be mitigated to a lower risk, shall be
exempt from fees under this Section 5.11(C).
Section 5.12 Plan Submittals
All activity that requires Urban Forestry Review shall have the following plans submitted for review.
The Administrative Official shall maintain and keep on file an outline for all specific items required
on the following plans as well as any permit applications or additional documents required for
review of each activity.
A. Tree Survey: shall include, but is no limited to, an inventory of all Protected Trees on the
property, property boundaries, property easements, existing structures and paving, tree
trunk location, a unique tree identification number, common name or species, trunk
Diameter at Breast Height (DBH), and an outline of the Critical Root Zone (CRZ). If there
are no Protected Trees on the property the Administrative Official may waive this submittal.
B. Urban Forestry Plan shall include, but is not limited to: property boundaries and easements;
building setbacks; all Protected Trees; identify trees to be removed or preserved; outline
the preserved trees' CRZ; show grade changes; show all new improvements such as
structures, paving, major utilities; show locations, types, and sizes of new trees.
A. Civil Penalty: The Administrative Official shall have the authority to impose a civil tree
mitigation penalty on any person, firm, or corporation who causes any Protected Tree to
be cut down, destroyed, removed, moved, damaged, or effectively destroyed through
damaging the roots, trunk or canopy without first obtaining the required approvals or
permits as outlined in this chapter. The violator shall choose one, or a combination of, the
violation remedy options contained in this section. 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. Where the
Page 5-6
DBH size of any tree cannot be measured due to that part of the tree being removed from
the site or destroyed, the City shall have the authority to estimate the tree's DBH size based
on any remaining physical evidence, photos, and documents.
Option 1. Tree Planting: The violator shall plant new trees with a canopy credit equal
to five (5) times the canopy area of the removed trees. If the tree is a Heritage Tree,
then the violator shall plant new trees with a canopy credit equal to ten (10) times the
canopy area of the removed tree. All tree plantings shall meet the standards of Section
5.10. Trees shall be planted on the same property that the violation occurred unless
an alternative location within the City is approved by the Administrative Official. A tree
planting plan and timeline for installation of 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 prior to final inspections. 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.
2. Option 2, Tree Fund: The violator shall pay into the City of Colleyville Tree Fund at a
rate of $250 per DBH inch of tree removed. If the tree is a Heritage Tree, then the
violator shall pay $500 per DBH inch of tree removed. Payment must be provided no
later than 30 days after the Offense. In the event that the fees are not paid 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 Tess are paid.
B. Criminal Penalty: In addition to the civil penalties of this chapter, where any person, firm,
or corporation violates or fails to comply with any provision or requirement of this chapter,
the Administrative Official shall have the authority to issue a citation for a misdemeanor to
any and all such persons, firms, or corporations, who upon conviction shall be fined not
more than two thousand dollars ($2,000.00) per violation. When the violation involves the
cutting down, destruction, removal, or damage to a Protected Tree, each tree shall be
considered a separate offense. Additionally, 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.
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
0-19-2073
01/22/2019
Substantial amendment to the chapter as part of a total LDC review
Page 5-7
Appendix "A"
Page 5-8