O-85-2188 - 8/22/1985ORDINANCE, NO. 2188
AN ORDINANCE AMENDING CHAPTER 3, SECTION 10, A. DEFINITIONS, D. REQUIREMENTS
(4)(b); (5) AND REPEALING (4)(d) AND RENUMBERING (4)(e) AS (4)(d): ADDING
A NEW PARAGRAPH G; ADDING A NEW SECTION 12 PROVIDING FOR PENALTIES: PROVIDING
FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
I
That Chapter 3, Section 10, A. Definitions, Code of Ordinances, City of
ROUND ROCK is hereby amended by adding the following:
(8) Protected Tree: A protected tree means having a circumference of
fifty inches (50") or greater, measured six inches (6") above natural
grade level, and being included in the following list: American Elm,
Cedar Elm, Pecan, Cottonwood, Sycamore, and all varieties of Oak.
(9) Removal: Removal as applied to protected trees means uprooting,
severing the main trunk of the tree or any act which causes, or
may reasonably be expected to cause the tree to die, including
but not limited to, damage inflicted upon the root system by
machinery, storage of materials, or soil compaction; substan-
tially changing the natural grade above the root system or
around the trunk; excessive pruning; or paving with concrete
or asphalt within the dripline, or other impervious materials
in a manner which may reasonably be expected to kill the tree.
(10) Owner: Owner shall mean the person who has legal title to the
property or a leasee, agent, employee or other person acting or
behalf of the titleholder with authorization to do so.
II.
That Chapter 3, Section 10, Code of Ordinance, City of Round Rock is
hereby amended by the following:
G. Protected Trees:
1) No person or corporation shall remove or cause removal of
any protected tree without first securing the permission
of the Director of Planning and Community Development or
his duly appointed representative.
2) When an application is made for a building permit on any
land where the landscaping requirements of this section
are applicable, a site plan depicting the actual or
schematic locations of such existing trees as would
be protected by this section shall be shown. Planning
Department approval of the site plan shall constitute
permission to remove any protected tree indicated on the
site plan as being removed by the approved development.
3) The application for the removal of a protected tree as
described by this section shall be made by the owner of
property on which such tree is located, and shall be
accompanied by the following:
1. The approximate location of the tree.
2. The circumference of the tree, as measured six
inches (6") above natural grade level.
3. The approximate crown size of the tree.
4. The species and/or common name of the tree.
5. The approximate size of the lot, tract or
parcel on which the tree is located.
6. The reason for the proposed removal.
7. Such other information as may be reasonably
required by the Planning Department.
4) Upon receipt of, an application for permission to remove a
protected tree, the Planning Department shall promptly
inspect the subject tree and issue or deny the application
in accordance with the provisions of this section. As
application is automatically granted ten (10) working days
after application therefore, it not denied during such
interval.
5) If a protected tree removal application is denied, the
applicant therefore may repeal such action to the
Development Review Board by filing written notice of
such appeal with the Director of Planning and Community
Development within ten (10) days of notice to such appli-
cant of the denial of the application by the Planning
Department. The board shall have forty-five (45) days
from the date of appeal to review said denial. The board
may affirm or reverse the determination of Planning
Department. If the board fails to act within forty-five
(45) days, the appeal shall be automatically granted and
permission shall be issued per the original application.
6) Protected trees removed shall be replaced by trees from
the list contained herein with at least the same circumference
inches of the tree(s) removed. The replacement of removed
tree(s) shall not count toward the number of trees to be
planted as a requirement of other provisions of this section.
That Chapter 3, Code of Ordinances, City of Round Rock is hereby
amended by adding the following:
SECTION 12: PENALTIES
A. VIOLATION OF ANY PROVISIONS OF CHAPTER
Violation of any provision or provisions of this Chapter
by any owner shall constitute a misdemeanor and upon con-
viction of such violation in Court of the City of Round
Rock, shall be punishable as per Chapter 1, Section 5 of
this Code of Ordinances.
B. OTHER LEGAL REMEDIES
No conviction or convictions under the penal provision of
this Chapter, or Article 427B, Texas Penal Code, shall ever
be considered as any bar to any injunctive or other legal
remedy, relief, right or power existing in the City of
Round Rock, Texas, to enforce the application and provisions
of this Chapter by virtue of the Constitution and laws
of the State of Texas.
IV.
A. The invalidity of any section or provision of this ordinance shall
not invalidate other sections or provisions thereof.
B. All ordinances, parts of ordinance, or resolutions in conflict
herewith are expressly repealed.
READ and APPROVED on first reading this the y
da o
1945.
READ, APPROVED and ADOPTED on second reading this the
&tlt ,19 ces.
EST:
(2A1/11.L1 2A14 i
NE LAND, City Secretary
day of
MIKE ROBINSON, Mayor
City of Round Rock, Texas
DATE: August 20, 1985
SUBJECT: Council Agenda, August 22, 1985
ITEM: 13A - Ordinance Amending Landscape Ordinance Tree Provision 2nd reading
The Council subcommittee has recommended the following changes:
1) A "protected tree" is defined as a tree from the
following list: American Elm, Cedar Elm, Pecan,
Cottonwood, Sycamore, and all varieties of Oak.
2) A "protected tree" must have a circumference of
50" (15.9" diameter). This has been increased
from 36" (11.4")