G-11-08-25-8A5 - 8/25/2011ORDINANCE NO.
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AN ORDINANCE AMENDING CHAPTER 14, ENVIRONMENT, ARTICLE II
TREE PROTECTION AND PRESERVATION, CODE OF ORDINANCES (2010
EDITION) TO CHANGE TERMINOLOGY FROM THE DEVELOPMENT
SERVICES OFFICE TO THE ZONING ADMINISTRATOR; AND PROVIDING
FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES
AND RESOLUTIONS.
ARTICLE 1
That Chapter 14, Article II, Section 14-20 Definitions, Development Review
Committee, Forestry Manager, Protected Tree Removal Permit, Stop Work Order, Tree
Protection Plan, and Tree Replacement Plan are hereby amended to read as follows:
Sec. 14-20 — Definitions.
For the purposes of this article, the following words, terms and phrases, shall have the meaning
ascribed to them in this section except where the context clearly indicates a different meaning:
Forestry manager shall mean the person who oversees the urban forestry program and all aspects
of public tree planting and public tree care.
Protected tree removal permit shall mean written authorization granted by the forestry manager,
under the provisions of Section 14-25, for the removal or transplanting of a protected tree.
Stop work order shall mean an order issued by the forestry manager or Zoning Administrator to
the owner to cease and desist with work being performed on a site.
Tree protection plan shall mean a plan submitted by the owner in a form or manner specified by
the forestry manager, Zoning Administrator or planning and zoning commission, which ever is
applicable providing the method of protecting trees during construction that may or may not
include protection details, standards, notes, and construction plans in accordance with generally
accepted methods such as those provided in the tree technical manual.
Tree replacement plan shall mean a plan submitted by the owner in a form and manner specified
by the forestry manager, or Zoning Administrator or planning and zoning commission, whichever
is applicable providing the method of replacement for the proposed protected trees to be removed
that may or may not include a plan that identifies the location, size, and species of all new trees
proposed as replacement for the protected trees being removed and fees in lieu of replacement
trees.
ARTICLE 2
That Chapter 14, Article II, Section 14-21 Prohibited Activities is hereby amended
to read as follows:
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Sec. 14-21 - Prohibited activities.
(a) It is unlawful for any person to remove any protected tree without first securing a tree removal
permit as specified in Section 14-25.
(b) It is unlawful for any person to damage a protected tree, such as through tree topping, over -
pruning or chemical poisoning.
(c) It is unlawful for a person to continue work or removal of trees after the forestry manager or
Zoning Administrator has issued a stop work order.
ARTICLE 3
That Chapter 14, Article II, Section 14-25 Tree Removal Permitting Process,
Subsection (b) Protected Tree Removal Through the Subdivision Process is hereby
amended to read as follows:
Sec. 14-25 - Tree removal permitting process.
(b) Protected tree removal through the subdivision process. Tree removal requests, tree surveys and
tree replacement plans for all projects requiring plat approval shall be submitted in conjunction
with the subdivision approval process.
(1) Tree survey and tree replacement plan.
a. Tree surveys and tree replacement plans will be reviewed by the DSO Zoning
Administrator as part of the plat approval and subdivision construction
improvement acceptance process.
b. A tree survey will not be required if a land surveyor certifies that there are no
protected trees on the proposed site.
c. A partial tree survey may be permitted if the Zoning Administrator determines
that the replacement and protection requirements of this article have been met.
d. A tree inventory in lieu of a tree survey may be accepted by the Zoning
Administrator to document trees outside of the limits of construction shown on
the subdivision improvement construction plans.
e. A request to use a tree inventory or a partial tree survey shall be made in writing
to the Zoning Administrator in conjunction with the concept plan submittal. The
Zoning Administrator shall provide written notification approving or
disapproving the request within the concept plan review cycle.
(2) Tree protection, removal and replacement. The subdivider shall configure a subdivision
in such a manner that protected trees will not be damaged during the construction of
required subdivision improvements. With respect to said improvements, the following
will apply:
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a. When required for subdivision improvements construction, up to 30 percent of
the total diameter inches of protected trees, excluding monarch trees, located
within the boundaries of the plat may be removed without replacement. The
calculations for the 30 percent removal shall be calculated by the smallest
protected trees being removed first. Replacement trees in accordance with
Section 14-26 shall be required if any of the remaining 70 percent of the total
diameter inches are removed.
b. The tree replacement plan will be reviewed in conjunction with the preliminary
plat review process and will be approved or denied by the planning and zoning
commission.
c. The critical root zone of any protected tree not being removed shall be preserved
in accordance with Section 14-27 and shall be shown on the tree protection plans
as generally described in the tree technical manual.
d. During subdivision improvements construction, tree protection criteria as listed
in Section 14-27 shall apply to all protected trees being preserved and shall be
shown on the tree protection plans, tree replacement plans, and the subdivision
construction plans as generally described in the tree technical manual.
e. Tree protection plans and tree replacement plans shall be submitted in
conjunction with any subdivision improvement construction plans.
ARTICLE 4
That Chapter 14, Article II, Section 14-25 Tree Removal Permitting Process,
Subsection (c) Protected Tree Removal Through the Site Plan Process is hereby amended
to read as follows:
Sec. 14-25 - Tree removal permitting process.
(c) Protected tree removal through the site plan process. Tree removal requests, tree surveys, tree
protection plans and tree replacement plans for all projects requiring site plan approval, shall be
submitted to the Zoning Administrator, as part of the site plan application approval process.
(1) Tree survey and tree replacement plan.
a. A tree survey, tree protection plan, and tree replacement plan shall accompany all
site plans submitted in accordance with Chapter 46 of this Code and will be
reviewed by the Zoning Administrator.
b. A tree survey will not be required if a land surveyor certifies that there are no
protected trees on the proposed site.
c. A partial tree survey may be permitted if the Zoning Administrator determines
that the replacement and protection requirements of this article have been met.
d. A tree inventory in lieu of a tree survey may be accepted by the Zoning
Administrator to document trees outside the limits of construction.
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e. A request to use a tree inventory or a partial tree survey shall be made in writing
to the Zoning Administrator in conjunction with the preliminary site plan
submittal. The Zoning Administrator shall provide written notification approving
or disapproving the request within the preliminary site plan review cycle.
(2) Tree protection, removal and replacement. The applicant shall configure a site in such a
manner that protected trees will not be removed or damaged due to the building layout
and construction within the site. With respect to said building layout and construction, the
following will apply:
a. When required for the construction of the primary building and site
improvements for the development, up to 30 percent of the total diameter inches
of protected trees, excluding monarch trees, located within the boundaries of the
lot may be removed without replacement. The calculations for the 30 percent
removal shall be calculated by the smallest protected trees being removed first.
Replacement trees in accordance with section 14-26 shall be required if any of
the remaining 70 percent of the total diameter inches are removed.
b. A Tree replacement plan and tree protection plan shall accompany the site
development permit application to the Zoning Administrator. The tree
replacement plan and tree protection plan will be reviewed in conjunction with
the site development permit application and will be approved or denied by the
Zoning Administrator.
c. When replacement trees are required, replacement shall be in accordance with
either section 14-26, which may be credited toward the requirements in section
46-195 of this Code.
d. The critical root zone of any protected tree not being removed shall be preserved
in accordance with section 14-27 and shall be shown on the tree protection plans
as generally described in the tree technical manual.
e. During site construction, tree protection measures as listed in section 14-27 shall
apply to all protected trees being preserved.
ARTICLE 5
That Chapter 14, Article II, Section 14-26 Tree Replacement, Subsection (a)
Requirements and regulations, Paragraph (5) is hereby amended to read as follows:
Sec. 14-26 - Tree replacement.
(a) Requirements and regulations.
(5)
Each replacement tree shall be planted on the same subdivision or development site from
which the tree was removed. In the event that there is not a suitable location for the
replacement tree(s) on the same site, as determined and certified by a landscape architect
and approved by the Zoning Administrator, or if the Zoning Administrator determines
that replacement trees are unable to survive on the site based on information submitted by
the landscape architect, the owner of the site will be allowed to do one of the following:
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a. Make a cash payment into the tree fund in accordance with the tree replacement
schedule provided in subsection (a)(7) below, which shall be used to fund tree
plantings or tree replacement on public property; or
b. Plant trees on public property according to the tree replacement schedule
provided in subsection (a)(7) below, as approved by the Zoning Administrator.
ARTICLE 6
That Chapter 14, Article II, Section 14-26 Tree Replacement, Subsection (b) Tree
Replacement Fee, Paragraph (3) is hereby amended to read as follows:
Sec. 14-26 - Tree replacement.
(b) Tree replacement fee.
(3)
The cashier's check or other form of payment acceptable by the city shall be submitted to
the Zoning Administrator at the time of site plan approval; prior to subdivision
construction plan acceptance; prior to plat recordation; or upon the tree removal permit
approval, depending on the applicable review process.
ARTICLE 7
That Chapter 14, Article II, Section 14-26 Tree Replacement, Subsection (c) Tree
Credits, Paragraph (5) is hereby amended to read as follows:
Sec. 14-26 - Tree replacement.
(c) Tree credits.
(5)
The forestry manager or Zoning Administrator, as appropriate, will review the trees
proposed for tree credits provided in the tree survey and tree replacement plan and will
approve or deny the use of the recommended trees as credits toward the replacement trees
required. The review of the forestry manager or the Zoning Administrator, as
appropriate, shall be based on the assessed health, structure, habit, disease, or decline of
the tree.
ARTICLE 8
That Chapter 14, Article II, Section 14-27 Tree Protection Measures, Subsection (c)
Hazardous Activities is hereby amended to read as follows:
Sec. 14-27 - Tree protection measures.
(c) Hazardous Activities. Activities hazardous to the health of any Protected Tree being preserved
are prohibited including but not limited to the following and as generally described in the Tree
Technical Manual:
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(1)
Physical damage. Any physical damage, including tree topping and/or pruning.
(2) Equipment cleaning and liquid disposal. Cleaning equipment, depositing or allowing
harmful liquids to flow overland within the limits of the critical root zone. This includes
paint, oil, solvents, asphalt, concrete, mortar, tar or similar materials.
(3)
Grade changes. Grade changes (cut or fill) within the limits of the critical root zone
unless adequate construction methods are approved by the forestry manager Zoning
Administrator, as appropriate.
(4) Impervious paving. Paving with asphalt, concrete or other impervious materials within
the limits of the critical root zone in a manner which may reasonably be expected to kill a
tree.
(5)
Material storage. Storing materials intended for use in construction or allowing waste
materials due to excavation or demolition to accumulate within the limits of the critical
root zone.
(6) Tree attachments. Attaching to a tree any signs, wires, or other items, other than those of
a protective nature.
(7) Vehicular traffic. Vehicular and/or construction equipment traffic, parking, or storage
within the limits of the critical root zone, other than on pre-existing or approved
pavement. This restriction does not apply to single incident access within the critical root
zone for purposes of clearing underbrush, vehicular access necessary for emergency
services, routine utility maintenance, emergency restoration of utility service, or routine
mowing operations.
(8) Utility encroachment. Installation of utilities and appurtenances within the critical root
zone or crown except as otherwise approved by the forestry manager Zoning
Administrator, as appropriate.
(9)
Excavation and trenching. Excavation and trenching within the limits of the critical root
zone, except as otherwise approved by the forestry manager or Zoning Administrator, as
appropriate.
ARTICLE 9
That Chapter 14, Article II, Section 14-28 Fiscal Security for Trees is hereby
amended to read as follows:
Sec. 14-28 - Fiscal security for trees.
(a) Posting of Fiscal at Subdivision. The owner must post fiscal security with the city prior to a
request for recordation of the final plat or prior to subdivision construction plan acceptance,
whichever comes first, if the replacement trees required under the approved tree replacement plan
have not been installed and accepted by Zoning Administrator.
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(b) Amount. The amount of fiscal security posted by the owner shall equal the estimated cost plus ten
percent to complete the approved tree replacement plan. The owner's landscape architect shall
provide the Zoning Administrator with a sealed opinion of the probable cost for his approval.
The fiscal shall be posted for a two-year time period, with commencement of the time period to
begin upon the subdivision improvement construction acceptance or the issuance of the certificate
of occupancy.
(c) Administrative Fee. The owner shall pay an administrative fee equal to five percent of the
amount to be posted for all fiscal posting.
(d) Types. In a form approved by the city attorney, an owner may post as fiscal security:
(1) A performance bond; or
(2) A letter of credit.
(e) Expenditure of Fiscal Security. The city may draw on the fiscal security and pay the cost of
completing the tree replacement plan approved if it determines that the owner has breached the
obligations secured by the fiscal security or the two-year time period for the installation of the
replacement trees has expired. The city shall refund the balance of the fiscal security, if any, to
the owner. The owner shall be liable for the cost that exceeds the amount of fiscal security, if
any, including any costs incurred by the city to draw on the fiscal security.
(f)
Return of Fiscal Security. The city shall return the fiscal security to the owner when final
inspection approval is provided by the Zoning Administrator.
ARTICLE 10
That Chapter 14, Article II, Section 14-29 Administration and Enforcement is
hereby amended to read as follows:
Sec. 14-29 - Administration and enforcement.
This article will be administered and enforced by the forestry manager and the Zoning
Administrator.
(1) Administration.
a. The role of the forestry manager is to:
1. Provide technical advice to the Zoning Administrator regarding forestry
management.
2. Provide technical advice regarding protected trees and tree replacement
plans to the planning and zoning commission through the plat review
process;
3. Approve or disapprove of the removal of protected trees unrelated to the
site plan or subdivision processes; and
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4. Review and recommend updates to this tree protection and preservation
ordinance and the tree technical manual.
b. The role of the Zoning Administrator is to approve or disapprove protected trees
to be preserved, removed, or replaced as part of the site plan and subdivision
process.
c. The role of the planning and zoning commission is to approve or disapprove
protected trees to be preserved, removed, or replaced as part of the subdivision
process.
(2) Enforcement.
a. Inspections. The forestry manager and Zoning Administrator are hereby
authorized to make such inspections and take such actions as may be required to
enforce the provisions of this article.
b. Powers and Duties. The forestry manager and Zoning Administrator shall have
the following powers:
1. To enforce the provisions of this article, file complaints in municipal
court against persons who violate any of its provisions.
2. To enter any premise for the purpose of inspecting the trees provided for
in the tree surveys and tree replacement plans, the protection of trees on
the site, the trees being installed, the trees being removed or to perform
his/her official duties.
3. To ensure compliance with this article where a tree replacement plan has
been submitted and approved.
4. To issue a stop work order to a person to cease performing any work
being done without a requisite permit or otherwise in violation of this
article.
c. Faulty Work.
1. If the installation of replacement trees are found to be of substandard
quality, incorrectly or defectively installed or found not to be installed in
accordance with the tree replacement plan and the latest edition of the
American Standard for Nursery Stock, as published by the American
Association of Nurserymen, the forestry manager or Zoning
Administrator, as appropriate, shall notify the owner in writing all the
changes that need to be made in order for the work to conform with the
tree replacement plan and the provisions of this article.
2. If the forestry manager or Zoning Administrator, as appropriate, finds
that the protected trees on the site were damaged due to construction
during the subdivision or site plan process, the forestry manager or
Zoning Administrator, as appropriate, shall notify the owner in writing
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identifying the damaged trees and the owner shall replace the damaged
trees in accordance with section 14-26.
3. A subdivision plat shall not be recorded, a certificate of occupancy shall
not be issued, or fiscal shall not be released until the forestry manager or
Zoning Administrator, as appropriate, re -inspects the site and finds that
the changes requested have been completed correctly and in accordance
with the tree replacement plan and the provisions of this article or the
fiscal posted is paid into the tree fund.
d. Final Inspection.
1. Upon the completion of all the installation of trees, the owner shall notify
the forestry manager or Zoning Administrator, as appropriate, that the
work is ready for final inspection.
2. If faulty work or substandard plant material is found, the owner shall be
notified of the necessary changes to be done in accordance with
subsection 14-29(2)c. above. If such work is found to be correctly
installed and in accordance with the tree replacement plan, the forestry
manager or Zoning Administrator, as appropriate, shall provide written
notification to the appropriate city official that the owner has met the
requirements of this article.
ARTICLE 11
That Chapter 14, Article II, Section 14-32 Appeals is hereby amended to read as
follows:
Sec. 14-32 — Appeals.
(a) Denial of Protected Tree Removal Permit. If an application for a protected tree removal permit is
denied, the applicant may appeal such action to the zoning board of adjustment by filing written
notice of such appeal with the Zoning Administrator within ten days of notice of the denial of the
application by the forestry manager. The board shall have 45 days from the date of the appeal to
review said denial. The board may affirm or reverse the determination of the forestry manager. If
the board fails to act within 45 days, the appeal shall be automatically granted and a protected tree
removal permit issued.
(b) Denial of Tree Removal Request Through The Subdivision Process. If a protected tree removal
request is denied, the applicant may appeal such action to the city council by filing written notice
of such appeal with the city secretary within ten days of notice of the denial of the application by
the planning and zoning commission. The city council shall have 30 days from the date of the
appeal to review said denial. The city council may affirm or reverse the determination of the
planning and zoning commission. If the city council fails to act within 30 days, the appeal shall
be automatically granted and a protected tree removal request approved.
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(c) Denial of Tree Removal Request Through The Site Plan Process. If a protected tree removal
request is denied, the applicant may appeal such action to the zoning board of adjustment by
filing written notice of such appeal with the Zoning Administrator within ten days of notice of the
denial of the application by the Zoning Administrator. The board shall have 45 days from the date
of the appeal to review said denial. The board may affirm or reverse the determination of the
Zoning Administrator. If the board fails to act within 45 days, the appeal shall be automatically
granted and a protected tree removal request approved.
ARTICLE 12
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
B. The invalidity of any section or provision of this ordinance shall not invalidate
other sections or provisions thereof.
C. The City Council hereby finds and declares that written notice of the date, hour,
place and subject of the meeting at which this Ordinance was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Ordinance and
the subject matter hereof were discussed, considered and formally acted upon, all as required by
the Open Meetings Act, Chapter 551, Texas Government Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an affirmative vote of all the Council
members present, the requirement for reading this ordinance on two separate days was dispensed
with.
READ, PASSED, and ADOPTED on first reading this 24 day of
, 2011.
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Alternative 2.
2011.
READ and APPROVED on first reading this the day of
READ, APPROVED and ADOPTED on second reading this the day of
ATTEST:
, 2011.
SARA L. WHITE, City Secretary
ALAN MCGRAW, Mayor
City of Round Rock, Texas
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ROUND ROCK, TEXA5-
PURPOSE. PASSION. PROSPERITY
Agenda Item No. 8A5.
City Council Agenda Summary Sheet
Agenda Caption:
Consider an ordinance amending Chapter 14, Article II, Tree Protection and Preservation,
Code of Ordinances (2010 Edition), to change terminology regarding the Development
Services Office. (First Reading)
Meeting Date: August 25, 2011
Department: Planning and Development Services
Staff Person making presentation: Peter Wysocki
Planning and Development Services Director
Item Summary:
In Tight of the recent consolidation of the Planning Department and the Development Services Office, this ordinance
replaces the terminology in Chapter 14 from Development Services Office to Planning and Development Services
Department, and DSO Planner or DSO Engineer to Planning and Development Services Director/Zoning
Administrator. The term "Zoning Administrator" is defined in Chapter 46, Zoning, and includes the duties of the
Planning and Development Services Director.
Cost:
Source of Funds:
N/A
N/A
Date of Public Hearing (if required): N/A
Recommended Action: Adoption