HomeMy WebLinkAboutOrdinances (O-98-1130)-12/15/1998
ORDINANCE 0-98-1130
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS,
CREATING THE COLLEYVILLE TREE BOARD; PROVIDING THE RULES AND
REGULATIONS FOR THE PLANTING AND MAINTENANCE OF TREES ON PUBLIC
LANDS DEDICATED TO AND OWNED BY THE CITY OF COLLEYVILLE WITHIN
AND WITHOUT THE CITY LIMITS; AND PROVIDING A PENALTY FOR FAILURE TO
CONFORM TO ORDINANCE REGULATIONS.
WHEREAS, the citizens of Colleyville have long valued the TREES as a natural and
often irreplaceable community resource and recognize them as assets for
their beauty and service; and
WHEREAS, the citizens of Colleyville sense an obligation to protect and promote trees
as one fulfillment of their civic responsibilities for present as well as future
generations.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
DEFINITIONS
STREET TREES: "Street Trees" is herein defined as trees, shrubs,
bushes, and all other wood vegetation on land lying between the curb,
pavement line and the property lines of either side of all streets, avenues or
ways within the City.
PARK TREES: "Park Trees" is herein defined as trees, shrubs, bushes
and all other woody vegetation in public parks having individual names, and
all areas owned by the City, or to which the public has free access as a
park.
Sec. 2.
CREATION AND ESTABLISHMENT OF A COLLEYVILLE TREE BOARD
There is hereby created and established a City Tree Board for the City of
Colleyville, Texas, which shall consist of six (6) members, consisting of
three (3) members of the Parks and Recreation Advisory Board, and three
(3) members of the Colleyville Proud and/or the Colleyville Garden Club,
who shall be appointed by the City Council. This Tree Board shall serve in
an advisory capacity to the Colleyville Parks and Recreation Board and
through them, to the City Council.
Sec. 3.
TERM OF OFFICE
The term of the six persons to be appointed by the City Council shall be
three years except that the term of two of the members appointed to the
first Board shall be for only one year and the term of two members of the
Ordinance 0-98-1130
Page 2 of6
first Board shall be for two years. In the event that a vacancy shall occur
during the term of any member, his successor shall be appointed by the
City Council.
Sec. 4.
COMPENSATION
Members of the Colleyville Tree Board shall serve without compensation.
Sec. 5.
DUTIES AND RESPONSIBILITIES
It shall be the responsibility of the Board to study, investigate, counsel and
develop and/or update annually a written plan for the care, preservation,
trimming, planting, replanting, removal or disposition of trees and shrubs in
public ways, streets and alleys. Such a plan will be presented annually to
the Park and Recreation Advisory Board and through it to the City Council;
and upon acceptance and approval of the City Council, shall constitute the
official comprehensive City Tree Plan for the City of Colleyville, Texas.
The City Manager or his designee shall be responsible for the planting,
pruning and removal of all trees located within the street rights-of-way,
easements, alleys and parks of the City of Colleyville within the criteria of
the approved plan, The owner of land abutting on any street may, when
acting within the provisions of this ordinance, prune, spray, plant or remove
trees in that part of the street abutting his land. Permission of the City
Manager or his designee shall only be required when the owner of the
abutting property intends to deviate from the rules and regulations
contained in this ordinance.
The Board, when requested by the Colleyville Parks and Recreation
Advisory Board or the City Council, shall consider, investigate, make
finding, report and recommend upon any special matter of question coming
within the scope of its work.
Sec, 6.
OPERATION
The Board shall choose its own officers, adopt by-laws and keep an official
record of its proceedings. A majority of the members shall be a quorum for
the transaction of business.
Ordinance 0-98-1130
Page 3 of6
Sec. 7.
SMALL TREES AND LARGE TREES
ACCENT TREES (Range from 10 to 20 feet)
Redbud
Crepe myrtle
Yaupon holly
Bradford pear
Texas sophora
Wild plum
Crab apple
Deciduous holly
Flameleaf sumac
Cherry-laurel
Chase trees
Cercis canadensis
Langerstromeia indica
lIex vomitoria
Purus calleryana "Bradford"
Sophora affinis
Prunus americana
Malus augustifolia
lIIex decidua
Rhus copallina
Prunus caroliniana
Vitex angus-castus
OVERSTORY TREES (Range from 30 to 60 feet)
Bald cypress
Cedar Elm
Lacebark Elm
Pecan
Chinese Pistache
Bur Oak
Red Oak
Sweet Gum
Green Ash
Live Oak
Western soapberry
Post Oak
Black Jack Oak
Eastern Red Cedar
Southern magnolia
Slash pine
Japanese black pine
Austrian pine
Afgan pine
Taxodium distichum
Ulmus crassifolia
Ulmus parvifolia
Carya illinoinesis
Pistacia chinesis
Querus macrocarpa
Querus shumardii
Liquidambar styraciflau
Fraximus pennsylvanica
Quercus virginiana
Sapindus drummondii
Quercus stallata
Quercus marilandica
Juniperus virginiana
Magnolia grandiflora
Pinus elliotii
Pinus thunbergi
Pinus nigra
Pinus eldarica
Sec. 8.
SPACING
The spacing of street trees will be in accordance with the three species size
classes listed in Section 7 of this ordinance, and no trees may be planted
closer together than the following (without approval of the Colleyville Tree
Board): Accent Trees, 20 feet and Overstory Trees, 40 feet.
Ordinance 0-98-1130
Page 4 of 6
Sec. 9
Sec. 10
Sec. 11.
Sec. 12.
Sec. 13.
DISTANCE FROM CURB AND SIDEWALKS
The distance trees may be planted from curbs or curblines and sidewalks
will be in accordance with the two species size classes listed in Section 7 of
this ordinance, and no trees may be planted closer to any curb or sidewalk
than the following: Small trees, 3 feet; Medium trees, 5 feet; and Large
trees, 9 feet in accordance with existing City ordinances.
DISTANCE FROM STREET CORNERS AND FIREPLUGS
No tree shall be planted closer than 25 feet of any street comer, measured
from the point of nearest intersecting curbs or curblines. No street tree
shall be planted closer than 10 feet of any fireplug.
UTILITIES
No street trees other than those species listed as Small Trees in Section 7
of this ordinance may be planted under or within 10 lateral feet of any
overhead utility wire, or over or within 5 lateral feet of any underground
water line, sewer line, transmission line or other utility.
PUBLIC TREE CARE
The City shall have the right to plant, trim, spray, preserve and remove
trees, plants and shrubs within the lines of all streets, alleys, avenues,
lanes, squares and public grounds, as may be necessary to insure safety
when servicing City utilities or to preserve the symmetry and beauty of such
public grounds. The City may remove or cause or order to be removed, any
tree or part thereof which is located on public property or municipal utility
easement, which by reasons of its nature is injurious to sewers, electric
power lines, gas lines, water lines or other public improvements, or is
affected with any injurious fungus, insect or other pest.
TRIMMING CORNER CLEARANCE
Every owner of any tree overhanging any street or rights-of-way within the
City shall trim the branches so that such branches shall not obstruct the
light from any street lamp or obstruct the view of any street in an
intersection and so that there shall be a clear space of seven feet (7 ft.)
above the surface of the street or right-of-way. The City shall have the right
to trim any tree or shrub on private property when it interferes with visibility
of any traffic control device or sign. Such trimming is to be confined to the
area immediately above the right-of-way.
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Ordinance 0-98-1130
Page 50f6
Sec. 14.
REVIEW BY CITY COUNCIL
The City Council shall have the right to review the conduct, acts, and
decisions of the Colleyville Tree Board. Any person may appeal from any
ruling or order of the Colleyville Tree Board to the City Council who may
hear the matter and make a final decision.
Sec. 15.
PENALTY
Any person violating any provision of this ordinance shall be guilty of a
misdemeanor and upon conviction or a plea of guilty, shall be subject to a
fine in an amount not to exceed $2,000 for each offense.
Sec. 16.
SEVERABILITY OF THE PARTS
That the terms and provision of the Ordinance shall be deemed to be
severable and that if the validity of any section, subsection, sentence,
clause or phrase of this Ordinance should be declared to be invalid in any
Court of competent jurisdiction, the same shall not affect the validity of any
other section, subsection, sentence, clause of phrase of this ordinance,
which remaining portions shall remain in full force and effect.
Sec, 17.
PUBLICATION
The City Secretary is hereby authorized and directed to cause publication of
the descriptive caption and penalty clause hereof as alternative method of
publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the L day of December
1998,
The second reading and public hearing being conducted on the J~ day of December
1998.
ATTEST:
~Oa:;:LE
Richard Newton
Mayor
;J~
J n Harris, TRMC, CMC
City Secretary
Ordinance 0-98-1130
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ED AS TO FORM AND LEGALITY:
Z
Ross T. F ter
City Attorney