G-02-05-23-12B1 - 5/23/2002ORDINANCE NO. ' D 05-t713"") (Q.8)
AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS,
AMENDING CHAPTER 3, SECTION 3.1100, OF THE CODE OF
ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS
PERTAINING TO LANDSCAPING REQUIREMENTS; REPEALING
CERTAIN LANDSCAPING REQUIREMENTS; AMENDING TREE
PROTECTION REQUIREMENTS; PROVIDING FOR PERMIT
REQUIREMENTS; PROVIDING FOR THE REPEALING OF
CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY
CLAUSE AND PENALTY CLAUSE; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Round Rock, Texas,
finds that it is necessary to repeal portions of Section 3.1100 of
the Code as the landscaping requirements for the City are to be
recodified in the revised Zoning Ordinance; and
WHEREAS, the City Council finds that the preservation of
trees is of great value to the citizens of Round Rock and is of
value in the maintenance of the public health and welfare and in
the preservation of the City's heritage and quality of life; and
WHEREAS, the City Council finds it to be in the best
interests of the City to amend Section 3.1100 of the Code of
Ordinances, (1995 Edition) City of Round Rock, Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
That Chapter 3, Section 3.1100, Code of Ordinances (1995 Edition),
City of Round Rock, Texas, is hereby amended to read as follows:
• ODMA\WORLDOX\0:1 WDOX\ORDINANC\020509D3. WPD/cr
SECTION 3.1100 PROTECTED TREES
3.1101 PURPOSE AND INTENT
The purpose of this Section is to promote the preservation of mature trees and natural areas; to
prohibit the indiscriminate clearing of property and to promote the natural ecological,
environmental and aesthetic qualities of the City.
3.1102 DEFINITION PROTECTED TREE
For purposes of this Section, a Protected Tree is a tree having a circumference of twenty-five (25)
inches (8" diameter) or greater, measured four and one-half (4 ') feet above natural grade level,
excluding the following species of tree: Chinaberry, Hackberry, Ash Juniper (Cedar), Chinese
Tallow and Bois D' arc.
3.1103 TREE PRESERVATION AND PROTECTION
It is unlawful for any person or corporation to remove, move, or effectively destroy through
damaging, any Protected Tree without first securing a tree removal permit from the Director of
Planning and Community Development or his or her designated representative, except as otherwise
provided in Section 11.500 of this Code.
3.1104 TREE REMOVAL PERMIT
(1)
The application for a tree removal permit as described by this Section shall be made by
the owner of the property on which the Protected Tree is located, and shall be
accompanied by documentation showing:
(a) the approximate location of the tree;
(b) the circumference of the tree, as measured four and one-half (4 i) feet above the
natural grade;
(c) the approximate crown size of the tree;
(d) the species and/or common name of the tree;
(e) the approximate size of the lot, tract or parcel on which the tree is located;
(f) reason for the proposed removal; and
(g)
such other information as required by Chapter 11 of this Code or as otherwise
may be reasonably required by the Planning Department.
(2) Upon receipt of an application for a tree removal permit, and a $25.00 permit fee, the
Planning Department shall promptly inspect the subject tree and issue or deny the
application in accordance with the provisions of this Section. A permit fee is not required
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(3)
for an application for a tree removal permit requested due to disease, damage or hazardous
condition of the subject tree.
Consideration for the approval of a tree removal permit shall be based upon the following
guidelines:
(a) whether or not the Protected Tree is damaged or diseased beyond the point of
recovery or is in danger of falling;
(b) whether or not a reasonable accommodation or alternative solution can be made
to accomplish the desired activity without the removal of the Protected Tree;
(c) the effect of the removal of the Protected Tree on erosion, soil moisture, retention,
flow of surface waters and drainage systems;
(d) the need for buffering of residential areas from the noise, glare, and the visual
effects of nonresidential uses;
(e) whether the removal of the Protected Tree affects the public health, safety or
welfare of the City; and
(f) whether the application demonstrates the attempt to preserve existing trees on the
site.
(4) Applications for tree removal permits shall be processed within ten (10) working days.
(5)
If a Protected Tree removal permit is denied, the applicant may appeal such action to the
Board of Adjustment by filing written notice of such appeal with the Director of Planning
and Community Development within ten (10) days of notice of the denial of the application
by the Planning Department. The Board shall have forty-five (45) days from the date of
the appeal to review said denial. The Board may affirm or reverse the determination of
the Planning Department. If the Board fails to act within forty-five (45) days, the appeal
shall be automatically granted and a permit issued for the tree removal.
3.1105 TREE REPLACEMENT REQUIREMENTS.
(1) Replacement trees shall be required to replace any Protected Trees removed pursuant to
Section 3.1104, except for those Protected Trees that are removed due to damage or
disease. Replacement Trees will also be required to replace any trees that were identified
on a tree removal and mitigation plan, but died within two (2) years of the date they were
planted. Replacement trees are required in addition to trees required under the
landscaping provisions of Chapter 11.
(2) Replacement trees of the same or similar species as the Protected Tree shall be planted in
sufficient number to equal or exceed the caliper inches of the tree removed. Each
replacement tree shall be a minimum of three inches (3") caliper at twelve inches (12")
above grade level and seven feet (7') in height when planted.
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(3)
Each replacement tree shall be planted on the same property as the tree that was removed.
However, in the event that there is not a suitable location for the replacement trees on the
same site, as determined and certified by a registered landscape architect, upon approval
by the Director of Planning and Community Development, the owner of the site will be
allowed to make a cash payment into the Tree Replacement Fund in accordance with the
fee schedule provided by the City . The amount of payment required pursuant to the fee
schedule shall be based on the cost of the replacement tree(s) and the cost of installation
as determined by the City's Urban Forester and reviewed and approved annually by the
City Council. The funds shall be used solely for the purpose of purchasing and installing
trees on public rights-of-way, public park land or any other City -owned property.
(4) If any replacement tree required under this Section dies within two (2) years of planting,
the property owner shall replace the tree.
3.1106 EXCEPTIONS
(1) This Section does not apply to individual lots zoned SF -R, SF -1, SF -2 or TF.
(2) During the period of an emergency, such as a tornado, storm, flood or other natural
disaster, the requirements of this Section may be waived as deemed necessary by the
Emergency Management Coordinator or other designee of the City Manager. In addition
to rights granted by easement, utility service providers, lawfully within the right-of-way,
may remove trees during the period of an emergency that are determined by the provider
to be a danger to public safety and welfare by interfering with utility service.
(3) The City shall have the right to plant, prune, remove and maintain any Protected Tree
located on a right-of-way, easement, public parkland or any other City -owned property as
may be necessary to ensure public safety or to preserve or enhance the symmetry or beauty
of such public properties. The City may remove or cause or order to be removed any
Protected Tree or part thereof, which is in an unsafe condition, or which by reason of its
nature or location unreasonably interferes with the construction, maintenance or
replacement of wastewater lines, water lines, drainage facilities, streets or other public
improvements.
3.1107 MISCELLANEOUS PROVISIONS
(1) No Protected Tree shall be pruned in a manner which significantly disfigures the tree or
in a manner which would reasonably lead to the death of the tree. This Section is not
intended to require a tree removal permit for reasonable pruning performed or contracted
to be performed by the owner of the tree.
(2) Trees required to be planted by this Section shall be planted in accordance with the
intersection visibility triangles as specified in this Code.
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3.1108 VIOLATIONS
Violations of this Section shall be punishable by a fine of up to $500.00, and each Protected Tree
that is unlawfully removed or damaged shall constitute a separate offense. Criminal prosecution
shall not preclude civil action by the City to recover for the damage or loss of the tree, and the
City Attorney is hereby authorized, without further authorization from the City Council to institute
and prosecute a lawsuit against any person who unlawfully removes or damages a Protected Tree
to recover the reasonable value of the tree.
II.
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 amend
ed.
READ and APPROVED on first reading this the day of
, 2002.
READ, APPROVED and ADOPTED on second reading this the
3`- day of
, 2002.
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AT EST:
ebi-7)
. .
_/lI
CHRISTINE R. MARTINEZ, City Secretary /
N E # WELL, Mayor
City of Round Rock, Texas
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DATE: May 17, 2002
SUBJECT: City Council Meeting — May 23, 2002
ITEM: *12.B.1. Consider an ordinance amending Chapter 3, Section 3.1100 of the
Round Rock Code of Ordinances regarding protected tree provisions.
(Second Reading)
Resource: Joe Vining, Planning Director
History: The new Zoning Ordinance incorporated landscape requirements, which were
formerly located in Chapter 3 of the Code with the exception of "protected trees".
This Ordinance repeals the old landscape ordinance and replaces it with updated
provisions for protected trees. It also provides for a tree replacement fund where
on-site replacement is not appropriate.
Funding
Cost: N/A
Source of Funds: N/A
Outside Resources: None
Impact: N/A
Benefit: The tree replacement fund provides funding for trees in public places.
Public Comment: No comments regarding landscaping provisions in the new Zoning
Ordinance have been received at public hearings.
Sponsor: Planning and Community Development Department