G-12-03-08-8B4 - 3/8/2012 1 ORDINANCE NO.
2
3
4 AN ORDINANCE REPEALING ARTICLE II OF CHAPTER 14, CODE OF
5 ORDINANCES (2010 EDITION) AND AMENDING THE CODE OF
6 ORDINANCES (2010 EDITION) BY ADDING A NEW CHAPTER 43, TREE
7 PROTECTION AND PRESERVATION; PROVIDING FOR A SAVINGS CLAUSE
8 AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS.
9
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
11 ROCK, TEXAS:
12 I.
13 That Chapter 14, Article II, Tree Protection and Preservation, Code of
14 Ordinances (2010 Edition), City of Round Rock, Texas is hereby repealed and
15 said Article II shall be designated "reserved" for future use.
16
17 II.
18 That Appendix A — Fees, Rates and Charges, Code of Ordinances (2010
19 Edition), City of Round Rock, Texas is hereby amended by deleting the Tree
20 Replacement Fee under Chapter 14, Article 11, Sec. 14-26(b)(1).
21
22 III.
23 That the Code of Ordinances (2010 Edition), City of Round Rock, Texas is
24 hereby amended by adding a new chapter to be numbered Chapter 43 and by
25 adding a new Article 1 to said Chapter 43 which shall read as follows:
26
27
28
O:\wdox\SCClnts\0112\1204\MUNICIPAL\00244698.DOC/sls
i
1 ARTICLE I.
2
3 TREE PROTECTION AND PRESERVATION
4
5 See. 43-19. Purpose and intent.
6
7 (a) The intent of this article is:
8
9 (1) To protect, maintain and manage the city's existing forest resources by
10 providing regulations relating to the cutting, removal or destruction of
11 protected trees;
12
13 (2) To encourage protection and preservation of the natural environmental and
14 beauty of the city;
15
16 (3) To encourage a resourceful and prudent approach to urban development of
17 wooded areas;
18
19 (4) To minimize tree loss and provide for replacement of trees removed and
20 destroyed resulting from development;
21
22 (5) To provide an objective method to evaluate a development's impact on
23 trees and wooded areas and identify whether and how the impact may be
24 reduced;
25
26 (6) To provide incentives for creative subdivision and site design which
27 preserve trees while allowing development in wooded areas; and
28
29 (7) To provide for the enforcement and administration of tree protection,
30 thereby promoting and protecting the public health, safety and welfare and
31 enhancing the quality of life.
32
33 (b) Trees have a positive economic effect on the city by enhancing property values_,
34 mitigating drainage and flooding issues, improving air quality, helping save
35 energy, and improving health and quality of life, thereby-and making the city a
36 more attractive place in which to live,visit and do business.
37
38 Sec. 43-20. Definitions.
39
40 For the purposes of this article, the following words, terms and phrases shall have
41 the meaning ascribed to them in this section except where the context clearly indicates a
42 different meaning.-7—. Any terms used herein that are not defined shall have the meaning
43 ascribed to them in Sec. 46-5, if any.
44
45
46 er-sen to preeeed with some aetion that aff-eets a tree.
2
i
1
2
3 approved list of tr- L.—L ffe proven to Offive in this
4 less eafe to remain healthy.
5
6 Caliper means the diameter of a--yetng tree to be planted in the ground. The
7 caliper is measured six inches above the--grew root ball for trees that are up to and
8 including four-inch caliper size. For trees that are larger than four-inch caliper,
9 1 measurement shall be 12 inches above the-g etmd root ball.
10
11 Canopy means the upper vegetative cover of a tree or tree grouping.
12
13 Champion tree means the largest tree of a species that is registered by the forestry
14 manager in the champion tree registry, is designated as a monarch tree by the city council
15 I and shall serve as the bevel nark guide for the designation of other monarch trees of that
16 same species.
17
18 Champion tree registry means a registry containing a list of the champion tree of
19 a species within the city limits that serves as a benehmar-k tree as identified by the
20 forestry manager and adopted by the city council.
21
22 0earing means the aet of eutting dewn, all or a substantial paft e >
23 damaging a tree of other vegetation tha4 will eause the tr tat. deeline and/or- die, W-hie
24
25
26 Critical root zone (CRZ) means a region measured outward from the trunk of a
27 tree representing the essential area of the roots that must be preserved for the tree's
28 livelihood. The CRZ is measured as one foot of radial distance outward from the trunk
29 for every inch of the tree's -eMtIHper diameter, but may not be less than a radius of
30 eight feet.
31
32 Crown means all portions of a tree, excluding the trunk and roots.
33
34 Developed lot means a lot that has a fully constructed building or other site
35 improvements, such as a parking lot, whether occupied or not.
36
37 Development serviees effiee ('DSO'g shall me—an. the two eity employe
38 designated to ever-see this tree pr-oteetion and preservation or-dinanee and, as ftH4he
39 'V V11lJVK 111 Veefival 46 69 of v++.'v C'e d[..
40
41 Diameter at-breast height (nom means a form of measurement of an existing
42 tree trunk. Diameter is measured at 4 1/2 feet above the ground level. Trees that split into
43 multi trunks below 4 1/2 feet shall use the sum of the largest trunk and one-half of the
44 diameter of each indiv;a,,.,' additional trunk measured 4 1/2 feet above the natural grade
45 level to determine the diameter.
46
3
i
1 Disturb or disturbing the critical root zone means conducting any hazardous
2 activities within the critical root zone.
3
4 Dripline means the periphery of the area underneath a tree that would be
5 encompassed by perpendicular lines dropped from the outermost edges of the canopy of
6 I the tree. The t dr-ipline-a4se ine n ►, of ►, ,,.
7
8 Forestry manager—sha4 means the person who oversees the urban forestry
9 program and all aspects of public tree planting,-and public tree care, and other duties as
10 provided herein.
11
12 Hazardous activities means the activities described in Sec. 43-27 (c).
13
14 Landscape architect means a person who is licensed and registered to engage in
15 the practice of landscape architecture in the state.
16
17 Limits of Construction means a line delineating the area within a project site that
18 is to be disturbed or otherwise affected by activities related to construction of such
19rp oject.
20
21 Monarch tree means:
22
23 (1) A tree of a specific size or species that is Spee f;eaRy designated as a
24 monarch tree by the forestry managefpursuant to Sec. 43-23;
25
26 (2) A champion tree; or
27
28 (3) A tree of historic or unique significance that is specifically designated as a
29 monarch tree by the city council.
30
31 Owner means the person or entity, or their representative, who submits an
32 application pursuant to this article that requests the femoya of n K Ll Vpr-eteete An owner
V{�Vtfee•V
33 includes the owner of the property where a protected tree is located.
34
35 Partial tree survey means a drawing of throposedreliminar- , plat_or site plan
36 showing the size, lee tion „��;� and
n nr;tiea root zone
of
all menar-e1, trees an trout+
1 iV 11(.11\.11 trees J {.Lll�.a trees
V
37 having
n DBI4 of
20 ;nehes or more,
and the size loe do and spee es ��r all protected
i7 iC It L1L.l/l■ lA.1111 Ji`V1VU 1
38 trees within the limits of construction, easements, rights-of-way, and a 20-foot strip
��r n e.;to plan,
the
drn�inrllr e��n�� n�[V� ����1� n�� +'+r�tnnto� trove.
39 abutting rights-of-way.-�or a site o o show all p_e ee ed tl
40 within the limits
of eonstfuetion.
41
42 Protected tree-
43
44 -- (1) The tefm"preteeted-t-ree-' means a tree eight inches in diameter or greater;
45 mewed 4- Q feet above „ t„r gr-ade level except as otherwise
46 provided in Sec. 43-22.
4
i
1
2 The following species of trees are not included in the definition of
3 "protected tree": Celtis occidentalis (Hackberry), Melia azedaragh (China
4 -Berry), Sapium sebiferum (Chinese Tallow), Beis D'^re (14efse Apple)
5 Maclura pomifera (Osage-orange) and Juniperus ashei (Texas Common
6 Cedar).
7
8 Protected tree removal permit shall mean written authorization granted by the
9 ( forestry manager, under the provisions of section 43-2-54, for the removal or transplanting
10 of a protected tree.
11
12 Stop work order shall mean an order issued by the forestry manager or Zoning
13 Administrator to the owner to cease and desist with work being performed on a site.
14
15 Subdivision improvement construction plans means engineering plans required by
16 the city for the construction and installation of public improvements necessary to provide
17 required services for proper development including but not limited to plans for grading,
18 drainage facilities, water and sewer, open space, parks or other recreational space, streets
19 and illumination of streets.
20
21 Temporary tree protection device means physical barriers, at least four feet in
22 height, installed prior to construction for the purpose of preventing damage to trees. Such
23 devices include chain-link fence, vinyl construction fencing or other similar temporary
24 barrier that is nonintrusive to the tree canopy and critical root zone.
25
26 Tree means any woody Y1Cn having r mere well defined stems of trunks n»�
N
27 a more or less definitely feaned er-aNN%, and ustially at4aining a matufe height of at least.
28 eigl# feet self-supporting woody perennial plant usually having a single trunk with a
29 diameter of no less than two inches at maturity, measured at one foot above grade, and
30 which normally grows to an overall height of no less than twelve (12) feet in Central
31 Texas.
32
33 Tree inventory means a drawing showing the tag number, species, size, and
34 approximate location of all existing protected trees.
35
36 Tree protection plan shall mean a plan submitted by the owner in a form or
37 manner specified by the forestry manager, or Zoning Administrator or planning and
38 zoning commission, whichever is applicable, providing the method of protecting trees
39 during construction that may or may not include protection details, standards, notes and
40 construction plans in accordance with generally accepted methods such as those provided
41 in the tree technical manual.
42
43 Tree removal means uprooting, severing the main trunk of the tree, or any act
44 which causes or may reasonably be expected to cause the tree to die including, without
45 limitation, damage inflicted on the root system by machinery, storage of materials or soil
46 compaction; substantially changing the natural grade above the root system or around the
5
i
I trunk; excessive pruning; or paving with concrete, asphalt, or other impervious materials
2 in a manner which may reasonably be expected to kill the tree.
3
4 Tree replacement plan shall mean a plan submitted by the owner in a form and
5 manner specified by the forestry manager, or Zoning Administrator or planning and
6 zoning commission, whichever is applicable,providing the method of replacement for the
7 proposed protected trees to be removed that may or may not include a plan that identifies
8 the location, size, and species of all new trees proposed as replacement for the protected
9 trees being removed and fees in lieu of replacement trees.
10
11 Tree survey means a drawing of the proposed preliminary plat or site plan
12 showing the size, location, species, critical root zone of all existing protected trees, any
13 protected tree to be removed or transplanted, a table summarizing all protected trees and
14 the total number of caliper inches of protected trees, in accordance with generally
15 accepted methods such as those provided in the tree technical manual.
16
17 I Tree technical manual:
18 means the standards and specifications based on generally accepted practices developed
19 by the forestry manager for sound arboricultural practices, techniques and procedures
20 which shall serve as guidelines for trees regulated by this article, including but not
21 limited to tree selection, planting, pruning, alteration, treatment, protection, and removal,
22 I as approved by city council, maintained by the city clerk and available through
23 the forestry manager.
24
25 Tree topping means the severe cutting back of limbs to stubs larger than three
26 inches in diameter within the tree's crown to such a degree that removal of the top canopy
27 disfigures and invites disease to the tree.
28
29 Zoning Administrator means the city staff person as defined in chapter 46.
30
31 Zoning board of adjustment means a board appointed by the city council, as
32 further described in chapter 46.
33
34 Sec. 43-21. Prohibited activities.
35
36 (a) It is unlawful for any person to remove any protected tree without first securing a
37 I tree removal permit as specified in section 43-2-54.
38
39 (b) It is unlawful for any person to damage a protected tree, such as through tree
40 topping, over-pruning or chemical poisoning.
41
42 (c) It is unlawful for a person to continue work or removal of trees after the forestry
43 manager or Zoning Administrator haste issued a stop work order.
44
45 (d) It is unlawful for a person to engage in any hazardous activities as described in
46 Sec 43-27 (c) which causes damage to the crown or trunk or disturbs the critical
6
i
1 root zone of a protected tree without the written approval of the Forestry
2 Manager.
3
4 Sec. 43-22. Sizes and types of protected trees.
5
6 (a) Size. Except as provided below, a tree having a-B9H diameter of eight inches or
7 more is a protected tree:
8
9 (1) On all developed lots in zoning districts SF-1, SF-2, MH and TF and on
10 developed lots smaller than 15,000 square feet in all other zoning districts,
11 only monarch trees are protected trees.
12
13 (2) On all undeveloped lots in zoning districts SF-1, SF-2, MH and TF and on
14 undeveloped lots smaller than 15,000 square feet in all other zoning
15 districts, trees having a diameter of 20 inches or more are protected
16 trees.
17
18 (b) Type. Trees of all species that meet the size requirement in subsection (a) of this
19 section are protected, except for China Beffy, Haekber y, Ashe juniper (Texa
20 Common Cedar-),
Chinese Tallow, and Her-se Apple (Bois D'=rc) Celtis
21 occidentalis (Hackberry), Melia azedaragh (China-Berry) Sapium sebiferum
22 (Chinese Tallow), Maclura pomifera _(Osage-orange) and Juniperus ashei (Texas
23 Common Cedar). .
24
25 (c) Monarch tree. Except as provided in section 43-30, any tree designated as a
26 monarch tree by the forestry mnr+nnor ^r+kaVlt 1+.� „^„r.,;l VVK11Vli pursuant to Sec. 43-23 is
27 a protected tree that cannot be removed, unless✓its designation is removed; and the
28 designation of a monarch tree shall not be removed without city council action, as
29 provided for in section 43-23.
30
31 I Sec. 43-23. Champion tree registry,Pdesignation of monarch trees and removal of
32 designation.
33
34 (a) Designation by thefierestry managelp.
35
36 (4) Champion tree registry. The forestry manager shall identify the largest
37 tree within a tree species within the city limits and list the trees in the
38 city's champion tree registry as champion trees. Eighty peen+ of the
39 identified ,.1,a,�„�;,,,-, tree's DBI4 shall be usedby the fei:estr-y r„anager +^
Vl t41 4/ �/ �/ �J
40 1 fef the designation of menar-eh trees within the eity Ii
41 based- n the-assessed-health and stmetur-e-of the The champion tree
42 registry shall be adopted by city council and reviewed from time to time
43 and adjusted as necessary. The city council shall consider the champion
44 tree registry when adopting or amending monarch tree criteria.
45
46
7
I
1 (2b) Designation of monarch trees. A tree may be designated h tree by the
2ind of the fefestfy managef upon a finding thM the tree is of the same
3
4 ehampien tfee fegkfy-.All trees of the following species and size or lar eg r are
5 designated as monarch trees:
6
7 TREE SPECIES SIZE
8
9 American Elm 3 8"
10 Bald Cypress 34"
11 Burr Oak 32"
12 Catalpa 32"
13 Cedar Elm 25"
14 Italian Stone Pine 20"
15 Live Oak 36"
16 Magnolia 14"
17 Pecan 34"
18 Post Oak 24"
19 Shumard Oak 21"
20 Sycamore 37"
21
22 (3) Notifieation. The fa-restfy manager shall notify the prepefty
23 kwiting of the designation.
24
25 (4c) Removal of designation. A written request by the property owner for removal of a
26 monarch tree designation by the forestry manage may be submitted to the Zoning
27 Administrator for e tom, eouneil consideration by the city council. After city council
28 approval of a monarch tree designation removal, the city clerk shall
29 notify the property owner in writing of the designation removal.
30
31 I (bd) Designation by the city council.
32
33 (1) Nomination. The city council may consider designating a tree as a
34 monarch tree upon the nomination by any person and with the written
35 consent of the property owner.
36
37 (2) Designation. A tree may be designated a monarch tree by the city council
38 upon a finding that it is unique and of importance to the community due to
39 any of the following:
40
41 a. It is an outstanding specimen of a desirable species;
42
43 b. It is one of the largest or oldest trees in the city; or
44
45 C. It possesses a distinctive form, size, age, location, and/or historical
46 significance.
8
i
1
2 (3) Notification. After city council approval of a monarch tree designation, the
3 I city—seer-etar-yclerk shall notify the property owner in writing of the
4 designation.
5
6 (4) Removal of designation. A written request by the property owner for
7 removal of a monarch tree designation may be submitted to the Zoning
8 Administrator for efts. ^^u"^'1 consideration by the city council. After city
9 council approval of a monarch tree designation removal, the city-seEfetafy
10 clerk shall notify the property owner in writing of the designation removal.
11
12 See. 43 24. Appheability.
13
14 (a) A pr-eteeted tree may be removed without r-eplaeement, pfevided approval is
15 ��a�under-seetion 4 3 25;
16
17 (1) The pr-oteeted tfee is damaged by natural eauses or- is diseased beyond the
18 .of reeey rcz_,_
19
20 (2) The pr-oteeted tree should be removed as a saf�4y measure beeause it is in
21 or of falling;
22
23 (3) The pr-eteeted tree Offeatens to damage pr-epefty; of
24
25 (4) The r.rotontea tree it dead-.
YlVYVVYVK Yi vv +v
26
27
28 site, as appfaved under- seetion 43 25, shall not require r-eplaeement pfevided th
29
30 in the tree- teehnieal manual and the pr-eteeted tree sur-Vives for- a period of at leas
31 two year
32
33 (e) A prateeted tfee may be removed with fepl leeme t
i
34
35 (1) A showing is made that the pr-oteeted tfee is so loeated as to pfeve
36 reasonable „ee-ess to the pf fY • o
37
38 (2) A showing is made that the leeation of the preteeted tree pr-eeludes all
39 reLt'Tv n w-hieh it is ave..,.YeK
40
41
(d) Exeept as pr-evided in subseetions (a) and (b) of this seetion, all pr-oteeted trees-
42 that are approved
for removal will be r-eplaeed.
43 (Code 1995, § 3.1 W-7)
44
45
46
9
i
I Sec. 43-254. Tree removal permitting process.
2
3 (a) Protected tree removal permit process not "rt ef the
"u
4 ffeE�-�
5
6 (1) Protected tree removal permit. This process is reserved for those
7 situations provided for in section 43-246 and where the subdivision
8 process, or site plan process does not apply. Unless the removal is part of
9 the subdivision process or the site plan process, a protected tree shall not
10 be removed without a permit. In all other cases, a permit is required to
11 remove a protected tree. By of clarification, a permit is required to
12 remove a protected tree as part of the application for a building permit for
13 lots zoned SF-1, SF-2, MH and TF. Applications for protected tree
14 removal permits are reviewed by the forestry manager or his designee.
15
16 (2) Tree removal permit application. The application for a protected tree
17 removal permit shall be made by the owner of the property on which the
18 protected tree is located, and shall be accompanied by documentation
19 showing:
20
21 a. The approximate location of the tree;
22
23 I b. Theme diameter of the tree;
24
25 C. The approximate dripline of the tree;
26
27 d. The species and/or common name of the tree;
28
29 e. The approximate size of the lot,tract or parcel on which the tree is
30 located;
31
32 f. Reason for the proposed removal;
33
34 g. Such other information as required by chapter 46, zoning, or as
35 otherwise may be reasonably required by the forestry manager; and
36
37 I h. A tree replacement plan, as provided for in section 43-265.
38
39 (3) Application review. Upon receipt of the application, the forestry manager
40 shall inspect the subject tree and approve or deny the application in
41 accordance with the provisions of this article.
42
43 (4) Processing of application. An application for a protected tree removal
44 permit shall be processed within 15 working days from the date the
45 application is received.
46
10
I
1 (5) Tree protection removal and replacement.
2
3 a. Except as specifically provided in Sec. 43-26, preplacement trees
4 in aeeefdanee
with seetion 43 26 shall be required if any protected
5 tree is removed. The tree
removalerm�may or- may not be
6 granted in eenjunetion with a development pefmit applieati See
7 Sec. 43-25 for tree replacement requirements.
8
9 b. A tree replacement plan shall accompany any tree removal permit
10 application. The tree replacement plan will be reviewed in
11 conjunction with the protected tree removal permit application and
12 will be approved or denied by the forestry manager.
13
14 (b) Protected tree removal through the subdivision process. Tree removal requests,
15 tree surveys and tree replacement plans for all projects requiring plat approval
16 shall be submitted in conjunction with the subdivision approval process. 444s
17 s4seetion (b) applies eWy to tree femoval r-equests-that are within the limits of
18 eenstfuetion of the
19
20 (1) Tree survey .
21
22 a. A Ttree survey, a tree protection plan, and a tree replacement
23 plans will be reviewed by the Zoning Administrator as part of the
24 plat approval and subdivision construction improvement
25 acceptance process.
26
27 b. A tree survey will not be required if a land surveyor certifies that
28 there are no protected trees on the proposed-site subdivision.
29
30 C. A partial tree survey may be permitted if the Zoning Administrator
31 determines that the replacement and protection requirements of this
32 article have been met.
33
34 d. A tree inventory in lieu of a tree survey may be accepted by the
35 Zoning Administrator to document trees outside of the limits of
36 construction shown on the subdivision improvement construction
37 plans.
38
39 e. A request to use a tree inventory or a partial tree survey shall be
40 made in writing to the Zoning Administrator in conjunction with
41 the concept plan submittal. The Zoning Administrator shall
42 provide written notification approving or disapproving the request
43 within the concept plan review cycle.
44
45 (2) Tree , removal.-a . The s4di ider-shall ^""figure
46 n s4
diy*c.;.,Y. ;,, cv„^h n wanner that pr-oteete tfees will
net
be d marro�
11
i
1 dufing theeeenstruet en of requir-ed ciil+d; mrcrevomonts TAT;+h
�t1����� }� 111V11VJ• •�ll�ll
2 respeet-to said
ai ;mpreyeme��the felle c ing will
apply.:
3
4 a.
5 30 pereent of the t„tal diameter inn es of
pr-oteeted trees. exelu ifig
�tQ �/C U V1 Vi Vl�VV4VK v1VVJ, V�ivia.aKiii}�
6 meaafehtrees,,leeatpd within
itt r� a b^��ndafies of the plat may be
VK •�ll�ll�th /MVV K11K1411VJ V1(� ►�11V i�K/r�iii vv
7 rem eve w e a A e A 11 n ens for t-- l��T r-ee
r�zrty'v'R'�r-vrrth�vrl�'£�lucen�G��--��3��1C�i'tst}rnrs_T_�- ]Tl -r1--
8 r meyal shall be_ealeulated-by the smallest
pr-eten+ed trees being
9 rem ie`Ped-first. Re eemen �tr.Je-- i aAA )r- anee with
it seet erg 43
10 265shall e regured if any of-LIh ;ag 70
-pefeent"ef the total
11 dtAeter-ine es aro removed. A subdivider who removes one or
12 more protected trees as part of the subdivision process is entitled to
13 a credit towards the tree replacement requirements of section
14 43.25. The foregoing credit is expressed in credit inches and is
15 equal to 30% of the total diameter inches of protected trees
16 identified in the above tree survey. The credit inches shall be
17 applied first to the smallest diameter tree and then to the remainder
18 of the trees in ascending order according to their diameters. After
19 all credit inches are applied, the subdivider shall comply with the
20 requirements of section 43-25.
21
22 b. The tree replacement plan pursuant to section 43-25 will be
23 reviewed in conjunction with the preliminary plat review process_
24 and will w ed or- denied by the p! ra zoning
25 .
26
The A1H+�n r��+ ��v+o n n +r r.o+be;r�R remn.c�ed
27 C. � peal r���n�of any pr-eteeted-�
28 be preserved i1r�CiFi�ee wiGrr-JeiFi�-27 and
n shall
���imri
29 en the tfee—prVteet erg plans
as generally eser-� i +�G
30 +eehnieal manual-. Vliv
31
32 d.
33 ACSSter;a as listed in.-seE+;, ^ 7 shafl-apply +„ all r.re+ V►.VK rl VVJ�,a +roes
34 being-ff.-ese.=Ved-and-shall be shey,% onrthetr e pr-eteetio, plans,
35 tree rep anement plans,
ars7 and
n the subdivision eenstcefierplans
as
36 generally cribed-
n the tree
+eehnieal manual.
37
38 e. Trop pr-eteetio i plans
ans and
n tree rep anemevt plans
an shall be submWe�
39
40 plans.
41
42 (c) Protected tree removal through the site plan process. Tree removal requests,tree
43 surveys,tree protection plans and tree replacement plans for all projects requiring
44 site plan approval, shall be submitted to the Zoning Administrator, as part of the
45 site plan application approval process.
46
12
i
1 I (1) Tree survey .
2
3 a. A tree survey, tree protection plan, and tree replacement plan shall
4 accompany all site plans submitted in accordance with chapter 46
5 of this Code and will be reviewed by the Zoning Administrator.
6
7 b. A tree survey will not be required if a land surveyor certifies that
8 there are no protected trees on the proposed site.
9
10 C. A partial tree survey may be permitted if the Zoning Administrator
11 I determine(s) that the replacement and protection requirements of
12 this article have been met.
13
14 d. A tree inventory in lieu of a tree survey may be accepted by the
15 Zoning Administrator to document trees outside the limits of
16 construction.
17
18 e. A request to use a tree inventory or a partial tree survey shall be
19 made in writing to the Zoning Administrator in conjunction with
20 the preliminary site plan submittal. The Zoning Administrator shall
21 provide written notification approving or disapproving the request
22 within the preliminary site plan review cycle.
23
24 (2) Tree , removal and reel cement T e appheant shall eenf gufe
V 1111 Kl V K
25 site in sueh a manner-tha4 pfeteeted tfees will not be removed or- damage
26 due to the building layout and eenstfuetion within the site. With r-espeet to
27 said
ai building layout and eenstf]C+1�th0 following
will
apply:
28 Gr�l�/
29 a. When required for-the
nstfuFiCion of the primary
building and
n site
30 �nm��pV�1i�ents for- tht+�[e}Pelop mer�4GTIt, up� to 30 p r-eent of the total
31 CCiCAil�+tt+�nE - eteeted trees eluding menar- trees.
1�p�s��� is��+� +�p�t r�z.T ex nur �r�-rr
32 leeated Yi"TGIlin the of the be remeNzed v4theii+
34 eale ate,+ the =eteeted trees being
35 Replacement tfV�1 `eeer- anee moth efie 43 265 shat be
36 ad
if any of
the re70 „ernei# o f the +�+�1 di meter
L V V11Y V 1 Y11V YV YKl Ml YYlily Yv
37 ...nl�ec. are
reme ed. The developer of the project who removes one
38 or more protected trees as part of the site plan development
39 process is entitled to a credit towards the tree replacement
40 requirements of section 43-25. The foregoing credit is expressed in
41 credit inches and is equal to 30% of the total diameter inches of
42 protected trees identified in the above tree survey. The credit
43 inches shall be applied first to the smallest diameter tree and then
44 to the remainder of the trees in ascending order according to their
45 diameters After all credit inches are applied, the developer shall
46 comply with the requirements of section 43-25.
13
i
1
2 b. A tree replacement plan and tree protection plan shall accompany
3 the site development permit application to the Zoning
4 Administrator. The tree replacement plan and tree protection plan
5 will be reviewed in conjunction with the site development permit
6 application and will be approved or denied by the Zoning
7 Administrator.
8
9 C. When replacement trees are required, replacement shall be in
10 accordance wither section 43-2b5. wneh may be ^redite
11 toward the .
12
13 a. The efiZl ro t done of
any pFeteeted t being
removed shall.
14 pr-esei=yed in
nnE�ee with
it sen+'^� 77 and
n shat be c�he
e�71TJ..VTPriCI ll"1"Q�i GTVPlci1-7Vri Zr 1'Z[1T�G-7IT'�
15 on the pfeteetien plans as generally deser-ibed in the tree
16 teehnieal manual-.
17
18 e. Dufing site eenstmetion,, t e„s„res as listed i
19 seefien 4 3 27 shall apply t„ all
pr-eteeted trees being preserved.
20
21 (0) Reduced parking.space requirement for preserving larger protected trees.
22 A property owner who preserves a protected tree having a diameter of
23 fifteen inches or more and who does not disturb more than twenty-five
24 percent of the said tree's critical root zone shall qualify for a parking space
25 credit as set forth herein. The property owner shall be entitled to reduce
26 his/her parking requirement bone parking space for each one hundred
27 and sixty-two square feet of area, or fraction thereof, left undeveloped in
28 order to preserve the protected tree. However, in no case shall the owner
29 receive a reduction in parking spaces in excess of ten percent of the total
30 required parking spaces.
31
32 Sec. 43-265. Tree replacement.
33
34 (a) Requirements and regulations.
35
36 (1) Except as expressly provided herein, when protected trees are removed,
37 tree replacement shall be required.
38
39 (2)--ReplaEemen4 t-re *1 also be required to replace any trees that .sere
40 planted-er- identified to be-pFesefre,a i ., tree replacement plan, but
V 1V V1KV V111V11Y V1K11, VKY Kiv.a
41 1 1
42 letter of subdivision v+ubli+ ;mrmer,ts is issued.
43
44 (32) Replacement trees of the same or similar species as the protected tree to be
45 removed shall be planted as required in the tree replacement schedule in
46 I subsection (a)(76) of this section. Each replacement tree shall be a
14
i
I minimum of three inches caliper and a minimum of ten feet in height and
2 five-foot spread, when planted. All replacement trees shall comply with
3 generally accepted criteria such as those provided in the tree technical
4 manual.
5
6 (43) Each replacement tree shall have an irrigation system or watering schedule
7 in accordance with the generally accepted methods in the tree technical
8 manual.
9
10 (54) Each replacement tree shall be planted on the same subdivision or
11 development site from which the tree was removed. In the event that there
12 is not a suitable location for the replacement tree(s) on the same site, as
13 determined and certified by a landscape architect and approved by the
14 Zoning Administrator, or if the Zoning Administrator determines that
15 replacement trees are unable to survive on the site based on information
16 submitted by the landscape architect, the owner of the site will be allowed
17 to do one of the following:
18
19 a. Make a cash payment into the tree fund in accordance with the tree
20 replacement schedule provided in subsection (a)(76) below, which
21 shall be used to fund tree plantings or tree replacement on public
22 property; or
23
24 b. Plant trees on public property according to the tree replacement
25 schedule provided in subsection (a)(76) below, as approved by the
26 Zoning Administfate Forestry Manager.
27
28 (65) Replacement trees required under the subdivision process shall be planted
29 no later than two years from the date of the acceptance letter for the
30 subdivision public improvements, provided that fiscal security is posted in
31 accordance with section 43-28.
32
33 ( (76) The tree replacement schedule is provided below and the replacement
34 inches shall be calculated as follows: total diameter of trees in a single
35 category multiplied by the tree replacement ratio for that category equals
36 the tree replacement required for that category of trees. The tree
37 replacement ratio applies to the-DB14 diameter of the existing tree to be
38 removed.
39
I 1B14 Diameter of Tree Replacement Ratio Tree Replacement Fee(per
Existing Tree inches inch
8 to 19.99 inches 1.0 $150.00
I 20*-inches to -32.0 $300.00
Monarch
Monarch and lar er3.0 450.00
40
41
42
15
I
1 Example: If an existing 12-inch tree is removed, 12 inches of tree
2 replacement results. If an existing 20-inch tree is removed,-60 40 inches of
3 tree replacement results.
4
5 (7) Except as provided herein, M rereplacement tree that dies prior to the
6 expiration of two years after a certificate of occupancy is issued shall be
7 replaced by the developer or owner. This paragraph shall not apply to any
8 replacement trees planted on lots zoned for single family or two-family
9 uses.
10
11 (b) Tree replacement fee.
12
13 (1) Fees are based on the ratios in the Table subsection (a)(76) of this seefie
14 above. Payment is calculated as currently established or as hereafter
15 adopted by resolution of the city council from time to time.
16
17 (2) The tree replacement fee shall be tendered in the form of a cashier's check
18 or other form of payment acceptable by the city, payable to the city.
19
20 (3) The cashier's check or other form of payment acceptable by the city shall
21 be submitted to the Zoning Administrator at the time of site plan approval;
22 prior to subdivision construction plan acceptance; prior to plat recordation;
23 or upon the tree removal permit approval, depending on the applicable
24 review process.
25
26 (c) Tree credits.
27
28 I (1) Except for those species listed in Sec. 43-22(b), Ttrees with diameters of
29 three or more inches and less than eight inches located on-site may be
30 credited toward the replacement trees required under this article. For
31 applicable lots under subsection 43-22(a)(2), trees with diameters of three
32 to 19 inches located on-site may be credited toward the replacement trees
33 required under this article.
34
35 (2) Up to 50 percent of the inches to be replaced may be done through tree
36 credits.
37
38 (3) The trees selected for consideration toward the amount of replacement
39 trees required shall be indicated on the tree survey and the tree
40 replacement plan.
41
42 (4) The trees shown on the tree survey and the tree replacement plan as the
43 trees proposed for tree credits shall be protected in the same manner as a
44 protected tree.
45
46
16
I
1 (5) The forestry manager or Zoning Administrator, as appropriate, will review
2 the trees proposed for tree credits provided in the tree survey and tree
3 replacement plan and will approve or deny the use of the recommended
4 trees as credits toward the replacement trees required. The review of the
5 forestry manager or the Zoning Administrator, as appropriate, shall be
6 based on the assessed health, structure, habit, disease, or decline of the
7 tree.
8
9 Sec. 43.26. Tree removal without replacement.
10
11 (a) A protected tree may be removed without replacement, provided approval is
12 granted under section 43-24, and one of the following conditions exists:
13
14 (1) The protected tree is damaged by natural causes or is diseased beyond the
15 point of recovery;
16
17 (2) The protected tree should be removed as a safety measure because it is in
18 danger of falling;
19
20 (3) The protected tree threatens to damage property;
21
22 (4) The location of the protected tree prevents reasonable access to the
23 propgAL
24 (5) The location of the protected tree precludes all reasonable and lawful use
25 of the property on which it is located; or
26
27 (6) The protected tree is dead.
28
29 (b) Transplanting a protected tree to a suitable location on the same property or off
30 site, as approved under section 43-25, shall not require replacement provided that
31 the owner complies with the generally accepted transplanting methods described
32 in the tree technical manual and posts either a cash deposit or a letter of credit.
33 The letter of credit shall be in a form acceptable to the City Attorney, in the
34 amount of one hundred percent of the tree replacement fee required by Sec. 43-
35 25. The City may draw on the letter of credit if, within two years of the date of the
36 above described transplanting, the Forestry Manager reasonably determines that
37 the tree is dead or is in such a state of decline that it is likely to die. In that event,
38 the cash deposit or the amount drawn on the letter of credit shall be deposited in
39 the tree fund.
40
41 Sec. 43-27. Tree protection measures.
42
43 (a) Critical root zone. During construction, temporary tree protection devices shall be
44 installed at least to the limit of the critical root zone or dripline, whichever is
45 greater, for any protected tree to be preserved when the respective critical root
46 zone is within the limits of construction.
17
i
1
2 (b) Disturbance of critical root zone.
3
4 (1) If any of the hazardous activities described in (c)(3), (4), (7), (8), or (9)
5 below occurs within six feet of the trunk of a protected tree, such tree shall
6 be considered removed and shall be replaced as required herein.
7
8 (2) If disturbance of the critical root zone of a protected tree occurs more than
9 six feet from the trunk and is twenty-five percent or less of the critical root
10 zone, no replacement or mitigation shall be required.
11
12 (3) If disturbance of the critical root zone of a protected tree exceeds forty
13 percent of the critical root zone, such tree shall be considered removed and
14 its removal shall be mitigated as set forth in Sec. 43-25.1f-a site-pla tree
1 5 pfetee • N plan of
subdivision
s o e/IH strl le'Eie plan
ela shows
N o s At. ffi.e.0 +N Q;M /F%
16 per-eent of the—comical root -One-would bedisturbed, the will
17 eonsider-ed damaged and will be removed and r-eplaeed in aeeor-danee wit
18 the approved tree r-eplaeemenl plan.
19
20 (4) If disturbance of the critical root zone of a protected tree is less than forty
21 percent, but exceeds twenty-five percent, the owner shall be required to
22 mitigate such disturbance by selecting one of the following methods:
23
24 a. the owner shall replace fifty percent of the tree replacement inches
25 or pay fifty percent of the tree replacement fee required by Sec. 43-
26 25,
27 or
28
29 b. the owner shall post either a cash deposit or a letter of credit in a
30 form acceptable to the City Attorney, in the amount of one hundred
31 percent of the tree replacement fee required by Sec. 43-25. The
32 City may draw on the letter of credit if, within two years of the
33 date of-the above described disturbance, as determined by the
34 Zoning Administrator, the Zoning Administrator reasonably
35 determines that the tree is dead or is in such a state of decline that
36 it is likely to die. In that event, the cash. deposit or the amount
37 drawn on the letter of credit shall be deposited in the tree fund.
38
39
40 (c) Hazardous activities. Activities hazardous to the health of any protected tree
41 being preserved are prohibited including but not limited to the following and as
42 generally described in the tree technical manual:
43
44 (1) Physical damage. Any physical damage, including tree topping and/or
45 pruning.
46
18
I
1 (2) Equipment cleaning and liquid disposal. Cleaning equipment, depositing
2 or allowing harmful liquids to flow overland within the limits of the
3 critical root zone. This includes paint, oil, solvents, asphalt, concrete,
4 mortar,tar or similar materials.
5
6 (3) Grade changes. Grade changes (cut or fill) within the limits of the critical
7 root zone unless adequate construction methods are approved by the
8 forestry manager or Zoning Administrator, as appropriate.
9
10 (4) Impervious paving. Paving with asphalt, concrete or other impervious
11 materials within the limits of the critical root zone in a manner which may
12 reasonably be expected to kill a tree.
13
14 (5) Material storage. Storing materials intended for use in construction or
15 allowing waste materials due to excavation or demolition to accumulate
16 within the limits of the critical root zone.
17
18 (6) Tree attachments. Attaching to a tree any signs, wires, or other items,
19 other than those of a protective nature.
20
21 (7) Vehicular traffic. Vehicular and/or construction equipment traffic,
22 parking, or storage within the limits of the critical root zone, other than on
23 pre-existing or approved pavement. This restriction does not apply to
24 single incident access within the critical root zone for purposes of clearing
25 underbrush, vehicular access necessary for emergency services, routine
26 utility maintenance, emergency restoration of utility service, or routine
27 mowing operations.
28
29 (8) Utility encroachment. Installation of utilities and appurtenances within the
30 critical root zone or crown except as otherwise approved by the forestry
31 manager or Zoning Administrator, as appropriate.
32
33 (9) Excavation and trenching. Excavation and trenching within the limits of
34 the critical root zone, except as otherwise approved by the forestry
35 manager or Zoning Administrator, as appropriate.
36
37 (d) Plans. Details and notes prohibiting the above activities as generally provided in
38 the Tree Technical Manual shall be included on all tree protection plans and tree
39 replacement plans.
40
41 Sec. 43-28. Fiscal security for trees.
42
43 (a) Posting of fiscal at subdivision. The owner must post fiscal security with the city
44 prior to a request for recordation of the final plat or prior to subdivision
45 construction plan acceptance, whichever comes first, if the replacement trees
46
19
i
1 required under the approved tree replacement plan have not been installed and
2 accepted by the Zoning Administrator.
3
4 (b) Posting_oL fiscal for phased site plans. The owner must post fiscal security with
5 the city if the tree replacement plan is to be implemented in phases as part of an
6 approved site plan that is in phases. This fiscal security is intended to apply to
7 those situations where protected trees are removed in one phase of the
8 development and the replacement trees are intended to be planted in a subsequent
9 phase of the development. The fiscal security must be posted prior to final site
10 plan approval.
11
12 (hc) Amount. The amount of fiscal security posted by the owner shall equal the
13 estimated cost plus ten percent to complete the approved tree replacement plan.
14 The owner's landscape architect shall provide the Zoning Administrator with a
15 sealed opinion of the probable cost for his approval.
16
17 (d) Time. The fiscal shall be posted for a two-year time period.,Twith eommenee e
18 of the t* A )d to begin upon the subdivision impr-evement ee tmefio.n.
19 aeeept-anee-ef th of the ,.eAifieate ofeee pane ,
20
21 I (ee) Administrative fee. The owner shall pay an administrative fee equal to five
22 percent of the amount to be posted for all fiscal posting.
23
24 (4D Types. In a form approved by the city attorney, an owner may post as
25 fiscal security:
26
27 (1) Cash;
28 ^
29 (472) A performance bond; or
30
31 I (23) A letter of credit.
32
33 (eg) Expenditure of fiscal security. The city may draw on the fiscal security and pay
34 the cost of completing the tree replacement plan approved if it determines that the
35 owner has breached the obligations secured by the fiscal security or the two-year
36 time period for the installation of the replacement trees has expired. The city shall
37 refund the balance of the fiscal security, if any, to the owner. The owner shall be
38 liable for the cost that exceeds the amount of fiscal security, if any, including any
39 costs incurred by the city to draw on the fiscal security.
40
41 (4h) Return of fiscal security. The city shall return the fiscal security to the owner
42 when final inspection approval is provided by the Zoning Administrator.
43
44
45
46
20
I
1 Sec. 43-29. Administration and enforcement.
2
3 This article will be administered and enforced by the forestry manager and the
4 Zoning Administrator.
5
6 (1) Administration.
7
8 a. The role of the forestry manager is to:
9
10 1. Provide technical advice to the Zoning Administrator
11 I regardingforestry manageme trees;
12
13 2. Provide technical advice regarding protected trees and tree
14 replacement plans to the planning and zoning commission
15 through the plat review process;
16
17 3. Approve or disapprove of the removal of protected trees
18 unrelated to the site plan or subdivision processes; and
19
20 4. Review and recommend updates to this tree protection and
21 preservation ordinance and the tree technical manual.
22
23 b. The role of the Zoning Administrator is to approve or disapprove
24 protected trees to be preserved, removed, or replaced as part of the
25 site plan and subdivision process.
26
27 C. The role of the planning and zoning commission is to approve or
28 disapprove protected trees to be preserved, removed, or replaced as
29 part of the subdivision process.
30
31 (2) Enforcement.
32
33 a. Inspections. The forestry manager and Zoning Administrator are
34 hereby authorized to make such inspections and take such actions
35 as may be required to enforce the provisions of this article.
36
37 b. Powers and duties. The forestry manager and Zoning
38 Administrator shall have the following powers:
39
40 1. To enforce the provisions of this article, file complaints in
41 municipal court against persons who violate any of its
42 provisions.
43
44 2. To enter any premises for the purpose of inspecting the
45 trees provided for in the tree surveys and tree replacement
46 plans, the protection of trees on the site, the trees being
21
i
1 installed, the trees being removed or to perform his/her
2 official duties.
3
4 3. To ensure compliance with this article where a tree
5 replacement plan has been submitted and approved.
6
7 4. To issue a stop work order to a person to cease performing
8 any work being done without a requisite permit or
9 otherwise in violation of this article.
10
11 C. Faulty work.
12
13 1. If the installation of replacement trees are found to be of
14 substandard quality, incorrectly or defectively installed or
15 found not to be installed in accordance with the tree
16 replacement plan and the latest of the Aanerie
17 Standard f Nursery Steek published by the__1Lmerrie n
18 A.Neiation of Tree technical manual, the
19 forestry manager or Zoning Administrator, as appropriate,
20 shall notify the owner in writing of all the changes that
21 need to be made in order for the work to conform with the
22 tree replacement plan and the provisions of this article.
23
24 2. If the forestry manager or Zoning Administrator, as
25 appropriate, finds that the protected trees on the site were
26 damaged due to construction during the subdivision or site
27 plan process, the forestry manager or Zoning
28 Administrator, as appropriate, shall notify the owner in
29 writing identifying the damaged trees and the owner shall
30 replace the damaged trees in accordance with section 43-
31 265.
32
33 3. A subdivision plat shall not be recorded, a certificate of
34 occupancy shall not be issued, or fiscal security shall not be
35 released until the forestry manager or Zoning
36 Administrator, as appropriate, re-inspects the site and finds
37 that the changes requested have been completed correctly
38 and in accordance with the tree replacement plan and the
39 provisions of this article or the fiscal security posted is paid
40 into the tree fund.
41
42 d. Final inspection.
43
44 1. Upon the completion of all the installation of trees, the
45 owner shall notify the forestry manager or Zoning
22
i
1 Administrator, as appropriate, that the work is ready for
2 final inspection.
3
4 2. If faulty work or substandard plant material is found, the
5 owner shall be notified of the necessary changes to be done
6 in accordance with subsection 43-29(2)c., above. If such
7 work is found to be correctly installed and in accordance
8 with the tree replacement plan, the forestry manager or
9 Zoning Administrator, as appropriate, shall provide written
10 notification to the appropriate city official that the owner
11 has met the requirements of this article.
12
13 Sec. 43-30. Exceptions.
14
15 (a) During the period of an emergency, such as a tornado, storm, flood or other
16 natural disaster, the requirements of this article may be waived as deemed
17 necessary by the emergency management coordinator or other designee of the city
18 manager. In addition to rights granted by easement, utility service providers,
19 lawfully within the right-of-way, may remove trees during the period of an
20 emergency that are determined by the provider to be a danger to public safety and
21 welfare by interfering with utility service.
22
23 (b) The city shall have the right to plant, prune, remove and maintain any protected
24 tree located on a right-of-way, easement, public parkland or any other city-owned
25 property as may be necessary to ensure public safety. The city may remove or
26 cause or order to be removed any protected tree or part thereof which is in an
27 unsafe condition, or which by reason of its nature or location unreasonably
28 interferes with the construction, maintenance or replacement of wastewater lines,
29 water lines, drainage facilities, streets or other public improvements. Before
30 removing a monarch tree for any of the reasons provided above, a city department
31 shall consult with the forestry manager to determine whether a monarch tree may
32 be removed, with the final decision being made by the city manager.
33
34 Sec. 43-31.Violations.
35
36 Violations of this article shall be punishable by a fine as provided in section 1-9,
37 and each protected tree that is unlawfully removed or damaged shall constitute a separate
38 offense. Criminal prosecution shall not preclude civil action by the city to recover for the
39 damage or loss of the tree, and the city attorney is hereby authorized, without further
40 authorization from the city council,to institute and prosecute a lawsuit against any person
41 who unlawfully removes or damages a protected tree, to recover the reasonable value of
42 the tree.
43
23
I
1 Sec. 43-32.Appeals.
2
3 (a) Denial of protected tree removal permit. If an application for a protected tree
4 removal permit is denied, the applicant may appeal such action to the zoning
5 board of adjustment by filing written notice of such appeal with the Zoning
6 Administrator within ten days of notice of the denial of the application by the
7 forestry manager. The board shall have 45 days from the date of the appeal to
8 review said denial. The board may affirm or reverse the determination of the
9 forestry manager. If the board fails to act within 45 days, the appeal shall be
10 automatically granted and a protected tree removal permit issued.
11
12 (b) Denial of tree removal request through the subdivision process. If a protected tree
13 removal request is denied, the applicant may appeal such action to the city council
14 by filing written notice of such appeal with the city clerk within ten days
15 of notice of the denial of the application by the planning and zoning commission.
16 The city council shall have 30 days from the date of the appeal to review said
17 denial. The city council may affirm or reverse the determination of the planning
18 and zoning commission. If the city council fails to act within 30 days, the appeal
19 shall be automatically granted and a protected tree removal request approved.
20
21 (c) Denial of tree removal request through the site plan process. If a protected tree
22 removal request is denied, the applicant may appeal such action to the zoning
23 board of adjustment by filing written notice of such appeal with the Zoning
24 Administrator within ten days of notice of the denial of the application by the
25 Zoning Administrator. The board shall have 45 days from the date of the appeal to
26 review said denial. The board may affirm or reverse the determination of the
27 Zoning Administrator. If the board fails to act within 45 days, the appeal shall be
28 automatically granted and a protected tree removal request approved.
29
30 Sec. 43-33. Tree fund.
31
32 The tree fund shall consist of fees generated as a result of tree replacement
33 requirements as well as general donations for public tree plantings.
34
35 (1) Establishment offund. A tree fund is hereby established.
36
37 (2) Funds to be deposited. Tree replacement fees for the installation of
38 replacement trees, as provided for in section 43-265, shall be deposited in
39 the tree fund.
40
41 (3) Use of funds. Expenditures from the tree fund shall be used solely for the
42 I purpose of purchasing and installing trees and associated irri ag_tion on
43 public rights-of-way, public park land or any other city-owned property,
44 and for administering the tree fund.
45
46 Secs. 43-34--43-54. Reserved.
24
i
1
2
3 IV.
4
5 A. All ordinances, parts of ordinances, or resolutions in conflict
6 herewith are expressly repealed.
7 B. The invalidity of any section or provision of this ordinance shall not
8 invalidate other sections or provisions thereof.
9 C. The City Council hereby finds and declares that written notice of the
10 date, hour, place and subject of the meeting at which this Ordinance was
11 adopted was posted and that such meeting was open to the public as required by
12 law at all times during which this Ordinance and the subject matter hereof were
13 discussed, considered and formally acted upon, all as required by the Open
14 Meetings Act, Chapter 551, Texas Government Code, as amended.
15 READ and APPROVED on first reading this the day of
16
17
18 READ, APPROVED and ADOPTED o reading this the
19 day of KAA/ , 2012.
20
21
22 ALAN MCGRAW, Mayor
23 City of Round Rock, Texas
24
25 ATTEST:
26
27 r
28 SARA L. WHITE, City Clerk
29
25
1PRrOUNDCi Council A enda Summar Sheet
ROCK,TEXAS
PURPOSE PASSION.PROSPERITY
Agenda Item No. 884.
Consider public testimony and an ordinance amending the Code of Ordinances (2010
Edition) by repealing Chapter 14, Article II, Tree Protection and Preservation, and by
Agenda Caption: adding a new Chapter 43,Article I,Tree Protection and Preservation.(First Reading)
Meeting Date: March 8,2012
Department: Planning and Development Services
Staff Person making presentation: Peter Wysocki
Planning and Development Services Director
Item Summary:
Attached is the amended Tree Protection & Preservation Ordinance. Tree Protection and Preservation standards are
currently found in Code of Ordinances, Chapter 14, which also contains other Articles addressing a variety of
regulations. If approved by the Council,this amendment would create a new chapter specific to tree protection and
preservation - staff believes that this will improve the "usability" of the Code of Ordinances. The original standards
were adopted by the Council in 1995 and a major re-write followed in 2005. The impetus for this amendment is as
follows:address concerns raised in the 2009 Development Survey;align with the City's Development Philosophy;the
need for periodic ordinance evaluation and improvement; address changing development patterns; and to integrate
tree protection with the landscape standards. The overall structure and objective of the original ordinance remains
the same. Staff considers the proposed changes as "fine-tuning" of the existing standards now that they have been
in effect for several years.
This amendment process began in late 2010, concurrently with the new Landscape Ordinance. Staff from Planning
& Development Services, Parks& Recreation, and Utilities, as well as local landscape architects met to identify areas
of improvement. An open house was held on May 9, 2011.This public meeting gave the community an opportunity
to identify their desires regarding the protection of existing trees. Each HOA and city utility customer received a
mailed notification. A Technical Advisory Committee (TAC)was then assembled to guide the amendments.The TAC
consisted of an engineer, architect, forester, realtor, developer, three landscape architects, and staff. The TAC met
on seven different occasions. The Planning & Zoning Commission discussed the ordinance at two retreats, two
public hearings, and at a joint meeting with the City Council on November 17, 2011. The public was also invited to
comment on the draft changes along with the new Landscape Ordinance via a notification mailed with December
utility bills - public response was very minimal. The staff and the Planning and Zoning Commission considered all
public comments, and some minor changes were made to the draft Ordinance. On February 15, 2012,the Planning
&Zoning Commission voted 9-0 to recommend approval of the amended Tree Protection & Preservation Ordinance
to the City Council.
Cost: N/A
Source of Funds: N/A
Date of Public Hearing(if required): N/A
Recommended Action: Approval