O-2017-4233 - 3/23/2017 I ORDINANCE NO. 0-2017-4233
2 AN ORDINANCE AMENDING CHAPTER 43, ARTICLE II, CODE OF
3 ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS,
4 REGARDING TREE PROTECTION AND PRESERVATION; AND
5 PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
6 CONFLICTING ORDINANCES AND RESOLUTIONS.
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
8 TEXAS:
9 I.
10 That Chapter 43, Article II, Tree Protection and Preservation, Code of
11 Ordinances (2010 Edition), City of Round Rock, Texas, is hereby replaced in its entirety
12 and shall read as follows:
13 Chapter 43 -TREE PROTECTION AND PRESERVATION
14
15 ARTICLE II. -TREE PROTECTION AND PRESERVATION
16
17 Sec. 43-19. - Purpose and intent.
18
19 (a) The intent of this article is:
20
21 (1) To protect, maintain and manage the city's existing forest resources by providing
22 regulations relating to the cutting, removal or destruction of protected trees;
23 (2) To encourage protection and preservation of the natural environmental and beauty of the
24 city;
25 (3) To encourage a resourceful and prudent approach to urban development of wooded
26 areas;
27 (4) To minimize tree loss and provide for replacement of trees removed and destroyed
28 resulting from development;
29 (5) To provide an objective method to evaluate a development's impact on trees and wooded
30 areas and identify whether and how the impact may be reduced;
31 (6) To provide incentives for creative subdivision and site design which preserve trees while
32 allowing development in wooded areas; and
33 (7) To provide for the enforcement and administration of tree protection, thereby promoting
34 and protecting the public health, safety and welfare and enhancing the quality of life.
35
0112.1704;00373354
I (b) Trees have a positive economic effect on the city by enhancing property values, mitigating
2 drainage and flooding issues, improving air quality, helping save energy, and improving health
3 and quality of life, thereby making the city a more attractive place in which to live, visit and do
4 business.
5
6 Sec. 43-20. - Definitions.
7
8 For the purposes of this article, the following words, terms and phrases shall have the meaning ascribed
9 to them in this section except where the context clearly indicates a different meaning. Any terms used
10 herein that are not defined shall have the meaning ascribed to them in section 46-5, if any.
11 Caliper means the diameter of a tree to be planted in the ground. The caliper is measured six inches
12 above the root ball for trees that are up to and including four-inch caliper size. For trees that are larger
13 than four-inch caliper, measurement shall be 12 inches above the root ball.
14 Canopy means the upper vegetative cover of a tree or tree grouping.
15 Champion tree means the largest tree of a species that is registered by the forestry manager in the
16 champion tree registry, is designated as a monarch tree by the city council and shall serve as the guide
17 for the designation of other monarch trees of that same species.
18 Champion tree registry means a registry containing a list of the champion tree of a species within the
19 city limits as identified by the forestry manager and adopted by the city council.
20 Critical root zone (CRZ) means a region measured outward from the trunk of a tree representing the
21 essential area of the roots that must be preserved for the tree's livelihood. The CRZ is measured as one
22 foot of radial distance outward from the trunk for every inch of the tree's diameter, but may not be less
23 than a radius of eight feet.
24 Crown means all portions of a tree, excluding the trunk and roots.
25 Developed lot means a lot that has a fully constructed building or other site improvements, such as a
26 parking lot, whether occupied or not.
27 a fmnm of. measurern8Rt Of aR existing tree tFunk. DiarneteF 06 rneasuFed at 41%fee
28 '
29 trunk and GRe half Gf the diameter ef e2Gh additional tFURk measured 4%feet above the RatUF@l gF@de
30 Ie\/DI to determine the iliometer.
31 Disturb or disturbing the critical root zone means conducting any hazardous activities within the
32 critical root zone.
33 Dripline means the periphery of the area underneath a tree that would be encompassed by
34 perpendicular lines dropped from the outermost edges of the canopy of the tree.
35 Forestry manager means the person who oversees the urban forestry program and all aspects of
36 public tree planting, public tree care, and other duties as provided herein.
37 Hazardous activities means the activities described in subsection 43-27(sd).
38 Landscape architect means a person who is licensed and registered to engage in the practice of
39 landscape architecture in the state.
40 Limits of construction means a line delineating the area within a project site that is to be disturbed or
41 otherwise affected by activities related to construction of such project.
2
I Monarch tree means:
2 (1) A tree of a specific size or species that is designated as a monarch tree pursuant to section 43-
3 23;
4 (2) A champion tree; or
5 (3) A tree of historic or unique significance that is specifically designated as a monarch tree by the
6 city council.
7 Owner means the person or entity, or their representative, who submits an application pursuant to
8 this article. An owner includes the owner of the property where a protected tree is located.
9 Partial tree survey means a drawing showing all protected trees within the limits of construction,
10 easements, rights-of-way, and a 20-foot strip abutting rights-of-way.
11 Protected tree means a tree eight inches in diameter or greater except as otherwise provided in
12 section 43-22.
13 The following species of trees are not included in the definition of"protected tree": Celtis occidentalis
14 (Hackberry), Melia azedaragh (China-Berry), Sapium sebiferum (Chinese Tallow), Maclura pomifera
15 (Osage-orange),an -Juniperus ashei(Texas Common Cedar) and Prosopis plandulosa (Honey
16 Mesquite).
17 Protected tree removal permit shall mean written authorization granted by the forestry manager,
18 under the provisions of section 43-24, for the removal or transplanting of a protected tree.
19 Stop work order shall mean an order issued by the forestry manager or zoning administrator to the
20 owner to cease and desist with work being performed on a site.
21 Subdivision improvement construction plans means engineering plans required by the city for the
22 construction and installation of public improvements necessary to provide required services for proper
23 development, including but not limited to, plans for grading, drainage facilities, water and sewer, open
24 space, parks or other recreational space, streets and illumination of streets.
25 Temporary tree protection device means physical barriers, at least four foot in height, installed prior
26 to construction for the purpose of preventing damage to trees. SUGh dev oc6 in^lYde ^hainlin kfense,
27 GGRStFUGtien fenGing GF other similar tempGFaFy barrieF that as Renintrusive to the tree G@RGPY
28 Foot zone.
29 Tree means any self-supporting, woody perennial plant usually having a single trunk with a diameter
30 of no less than two inches at maturity, measured at one foot above grade, and which normally grows to
31 an overall height of no less than 12 feet in central Texas.
32 Tree inventory means a drawing showing the tag number, species, size, and approximate location of
33 all existing protected trees.
34 Tree protection plan shall mean a plan submitted by the owner in a form or manner specified by the
35 forestry manager, or zoning administrator or planning and zoning commission, whichever is applicable,
36 providing the method of protecting trees during construction that may or may not include protection
37 details, standards, notes and construction plans in accordance with generally accepted methods such as
38 those provided in the tree technical manual.
39 Tree removal means uprooting, severing the main trunk of the tree, or any act which causes or may
40 reasonably be expected to cause the tree to die including, without limitation, damage inflicted on the root
41 system by machinery, storage of materials or soil compaction; substantially changing the natural grade
3
1 above the root system or around the trunk; excessive pruning; or paving with concrete, asphalt, or other
2 impervious materials in a manner which may reasonably be expected to kill the tree.
3 Tree replacement plan shall mean a plan submitted by the owner in a form and manner specified by
4 the forestry manager, or zoning administrator or planning and zoning commission, whichever is
5 applicable, providing the method of replacement for the proposed protected trees to be removed that ma
6 that identifies the location, size, and species of all new trees proposed as
7 replacement for the protected trees being removed and fees in lieu of replacement trees.
8 Tree survey means a drawing of the prepGsed preliminary plot Gr site pta showing the size, location,
9 species, critical root zone of all existing protected trees, any protected tree to be removed or transplanted,
10 a table summarizing all protected trees and the total number of caliper inches of protected trees, in
11 accordance with generally accepted methods such as those provided in the tree technical manual.
12 Tree technical manual means the standards and specifications based on generally accepted
13 practices developed by the forestry manager for sound arboricultural practices, techniques and
14 procedures which shall serve as guidelines for trees regulated by this article, including but not limited to,
15 tree selection, planting, pruning, alteration, treatment, protection, and removal, as approved by city
16 council;and maintained by the city clerk and available thmugh the ferestry Manan or
17 Tree topping means the severe cutting back of limbs to stubs larger than three inches in diameter
18 within the tree's crown to such a degree that removal of the top canopy disfigures and invites disease to
19 the tree.
20 Zoning administrator means the city staff person as defined in chapter 46.
21 Zoning board of adjustment means a board appointed by the city council, as further described in
22 chapter 46.
23
24 Sec.43-21. - Prohibited activities.
25
26 (a) It is unlawful for any person to remove any protected tree without first securing a tree removal
27 permit as specified in section 43-24.
28
29 (b) It is unlawful for any person to damage a protected tree, such as through tree topping, over
30 pruning or chemical poisoning.
31
32 (c) It is unlawful for a person to continue work or removal of trees after the forestry manager or
33 zoning administrator has issued a stop work order.
34
35 (d) It is unlawful for a person to engage in any hazardous activities as described in subsection 43-
36 27(sd), which causes damage to the crown or trunk or disturbs the critical root zone of a
37 protected tree without the written approval of the forestry manager.
38
4
I Sec.43-22. -Sizes and types of protected trees.
2
3 (a) Size. Except as provided below, a tree having a diameter of eight inches or more is a protected
4 tree:
5
6 (1) On all developed lots in zoning districts SF-1, SF-2, SF-D, MH, TF, and MU-L, and on
7 developed lots smaller than 15,000 square feet in all other zoning districts, only monarch
8 trees are protected trees.
9 (2) On all undeveloped lots in zoning districts SF-1, SF-2, SF-D, MH, TF, and MU-L, and on
10 undeveloped lots smaller than 15,000 square feet in all other zoning districts, trees
11 having a diameter of 20 inches or more are protected trees.
12
13 (b) Type. Trees of all species that meet the size requirement in subsection (a) of this section are
14 protected, except for Celtis occidentalis(Hackberry), Melia azedaragh (China-Berry), Sapium
15 sebiferum (Chinese Tallow), Maclura pomifera (Osage-orange)and-Juniperus ashei(Texas
16 Common Cedar) and Prosopis glandulosa (Honey Mesquite).
17
18 (c) Monarch tree. Except as provided in section 43-30, any tree designated as a monarch tree
19 pursuant to section 43-23 is a protected tree that cannot be removed, unless its designation is
20 removed; and the designation of a monarch tree shall not be removed without city council action,
21 as provided for in section 43-23.
22
23 (d) Measurement of trees Tree size is determined by measuring the diameter at 4'/2 feet above the
24 ground level Trees that split into multi-trunks below 4'/2 feet shall use the sum of the diameter of
25 the largest trunk and one-half of the diameter of each additional trunk measured 4'/2 feet above
26 the natural grade level to determine the diameter.
27
28 Sec. 43-23. -Champion tree registry, designation of monarch trees and removal of designation.
29
30 (a) Champion tree registry. The forestry manager shall identify the largest tree within a tree species
31 within the city limits and list the trees in the city's champion tree registry as champion trees. The
32 champion tree registry shall be adopted by city council and reviewed from time to time and
33 adjusted as necessary. The city council shall consider the champion tree registry when adopting
34 or amending monarch tree criteria.
35
36 (b) Designation of monarch trees. All trees of the following species and size or larger are designated
37 as monarch trees:
TREE SPECIES SIZE
;American Elm 38"
Bald Cypress 34"
5
Burr Oak 32"
Catalpa 32"
Cedar Elm 125-1
Ita� lian Stone Pine �20"
Live Oak 36"
Magnolia F,4;
Pecan 34" J
Post Oak 24"
IShumard Oak/Texas Red Oak 21"
Sycamore 37"
1
2 (c) Removal of designation. A written request by the property owner for removal of a monarch tree
3 designation may be submitted to the zoning administrator for consideration by the city council.
4 After city council approval of a monarch tree designation removal, the city clerk shall notify the
5 property owner in writing of the designation removal.
6
7 (d) Designation by the city council.
8
9 (1) Nomination. The city council may consider designating a tree as a monarch tree upon the
10 nomination by any person and with the written consent of the property owner.
11 (2) Designation. A tree may be designated a monarch tree by the city council upon a finding
12 that it is unique and of importance to the community due to any of the following:
13 a. It is an outstanding specimen of a desirable species;
14 b. It is one of the largest or oldest trees in the city; or
15 C. It possesses a distinctive form, size, age, location, and/or historical significance.
16 (3) Notification. After city council approval of a monarch tree designation, the city clerk shall
17 notify the property owner in writing of the designation.
18 (4) Removal of designation. A written request by the property owner for removal of a
19 monarch tree designation may be submitted to the zoning administrator for consideration
20 by the city council. After city council approval of a monarch tree designation removal, the
21 city clerk shall notify the property owner in writing of the designation removal.
22
23 Sec.43-24. -Tree removal process.
24
25 (a) Applicability of section 43-24. A dead tree is not considered a protected tree and is not subject to
26 the tree removal permit requirements set forth in this section. The process for removal of a dead
6
1 tree that was previously designated a monarch tree by city council or was considered a protected
2 tree at the time it was alive, is as follows:
3
4 (1) For removal of a dead tree that was previously designated a monarch tree by the city
5 council:
6 a. A property owner shall request that the forestry manager inspect the tree.
7 b. The forestry manager shall inspect the tree within 15 working days of the request
8 and make a determination if the tree is dead or alive.
9 C. Upon a determination by the forestry manager that the tree is dead, the city
10 manager shall approve or deny the removal request.
11 d If the forestry manager determines that the tree is still
12 alive and the property owner shall GGFnpl y`"ii+h the require-MeRts wishes to
13 remove the tree, the owner must comply with-ef the protected tree removal
14 permit process set forth in this section.
15 (2) For removal of a dead tree that was not previously designated a monarch tree by the city
16 council, but was considered a protected tree at the time it was alive:
17 a. A property owner shall request that the forestry manager inspect the tree.
18 b. The forestry manager shall inspect the tree within 15 working days of the request
19 and make a determination if the tree is dead or alive.
20 C. Upon a determination by the forestry manager that the tree is dead, the forestry
21 manager shall approve or deny the removal request.
22 d. I Ir\nn a determi atinn by the frlrestry M@Rager that the free is olive, the pFoperty
23
24 Prnness set forth in this sentinn
25 If the forestry manager determines that the tree is still alive, and the property owner
26 wishes to remove the tree the owner must comply with the protected tree removal permit
27 process set forth in this section.
28
29 (b) Protected tree removal permit process.
30
31 (1) Protected tree removal permit. This process is reserved for those situations provided for
32 in section 43-26 and where the subdivision process, or site plan process does not apply.
33 Unless the removal is part of the subdivision process or the site plan process, a protected
34 tree shall not be removed without a permit. In all other cases, a permit is required to
35 remove a protected tree. By way of clarification, a permit is required to remove a
36 protected tree as part of the application for a building permit for lots zoned SF-1, SF-2,
37 SF-D, MH and TF. Applications for protected tree removal permits are reviewed by the
38 forestry manager or his designee.
39 (2) Tree removal permit application. The application for a protected tree removal permit shall
40 be made by the owner of the property on which the protected tree is located, and shall be
41 accompanied by documentation showing:
7
1 a. The approximate location of the tree;
2 b. The diameter of the tree;
3 C. The approximate dripline of the tree;
4 d. The species and/or common name of the tree;
5 e. The approximate size of the lot, tract or parcel on which the tree is located;
6 f. Reason for the proposed removal;
7 g. Such other information as required by chapter 46, Zoning, or as otherwise may
8 be reasonably required by the forestry manager; and
9 h. A tree replacement plan, as provided for in section 43-25.
10 (3) Application review. Upon receipt of the application, the forestry manager shall inspect the
11 subject tree and approve or deny the application in accordance with the provisions of this
12 article.
13 (4) Processing of application. An application for a protected tree removal permit shall be
14 processed within 15 working days from the date the application is received.
15 (5) Tree protection removal and replacement.
16 a. Except as specifically provided in section 43-26, replacement trees shall be
17 required if any protected tree is removed. See section 43-25 for tree replacement
18 requirements.
19 b. A tree replacement plan shall accompany any tree removal permit application.
20 The tree replacement plan will be reviewed in conjunction with the protected tree
21 removal permit application and will be approved or denied by the forestry
22 manager.
23
24 (c) Protected tree removal through the subdivision process. Tree removal requests, tree surveys and
25 tree replacement plans for all projects requiring plat approval shall be submitted in conjunction
26 with the subdivision approval process. An electronic copy of the tree survey list, including
27 mitigation calculations, shall be provided with the application.
28
29 (1) Tree survey.
30 a. A tree survey, a tree protection plan, and a tree replacement plan will be
31 reviewed by the zoning administrator as part of the plat approval and subdivision
32 construction improvement acceptance process. The tree survey shall include all
33 trees in the subdivision and off-site trees whose critical root zones encroach into
34 the subdivision or limits of construction.
35 b. A tree survey will not be required if a land surveyor certifies that there are no
36 protected trees on the proposed subdivision or trees whose critical root zones
37 encroach within the limits of construction.
38 C. A partial tree survey may be permitted if the zoning administrator determines that
39 the replacement and protection requirements of this article have been met.
40 d. A tree inventory in lieu of a tree survey may be accepted by the zoning
41 administrator to document trees outside of the limits of construction shown on the
8
I subdivision improvement construction plans provided that the critical root zones
2 of said trees do not encroach into the limits of construction.
3 e. A request to use a tree inventory or a partial tree survey shall be made in writing
4 to the zoning administrator in conjunction with the concept plan submittal. The
5 zoning administrator shall provide written notification approving or disapproving
6 the request within the concept plan review cycle.
7 (2) Tree removal.
8 a.
gnrooess isantiflorl to a rro rl;f to Alards the tL.ree ronlonomonf requiromeRtS Gf
10 SeGtiGn 43 25 The foregoing Gredit is expresser! in orerdit ORGhes and is eni�o
J J �
11 K peroent of the total diameter'nnhes of nroteoted trees irlentifierd in the_ohove
r
12 tree survey. The Gredit anGhes shall be applied first te the smallest diametei:tree
13
14 duameteFs. After @11 Gredit iRGhes are applied, the subdividei:shall GGFRPly With the
15 rem,iremen} of seep-tion 43 25. The developer of a subdivision who finds it
16 necessary to remove one or more of the protected trees on the site may remove
17 a limited number of said protected trees without being subject to the tree
18 replacement requirements of Sec 43-25 In order for a subdivision site to qualify
19 under this Section the zoning administrator shall first calculate the total number
20 of diameter inches of protected trees on the site. Then the developer may
21 remove protected trees whose total diameters are not more than 30 percent of
22 the diameter inches of all protected trees on the site. Provided however, this
23 Section shall first be applied to the smallest protected tree on the site and then to
24 the remainder of the protected trees in ascending order according to their
25 diameters. If the developer wishes to remove more than 30 percent of the
26 diameter inches of all protected trees on the site the developer shall comply with
27 the requirements of Section 43-25 for trees in excess of said 30 percent.
28 b. The tree replacement plan pursuant to section 43-25 will be reviewed in
29 conjunction with the preliminary plat review or subdivision improvement permit
30 review process.
31
32 (d) Protected tree removal through the site pJaadevelopment permit process. Tree removal requests,
33 tree surveys, tree protection plans and tree replacement plans for all projects requiring site plan
34 approval, shall be submitted to the zoning administrator, as part of the site plan application
35 approval process. An electronic copy of the tree survey list including mitigation calculations, shall
36 be provided with the application.
37
38 (1) Tree survey.
39 a. A tree survey, tree protection plan and tree replacement plan shall accompany all
40 site plans submitted in accordance with chapter 46 of this Code and will be
41 reviewed by the zoning administrator. The tree survey shall include all trees on
42 the subject site and off-site trees whose critical root zones encroach onto the site
43 or limits of construction.
9
1 b. A tree survey will not be required if a land surveyor certifies that there are no
2 protected trees on the proposed site or within the limits of construction.
3 C. A partial tree survey may be permitted if the zoning administrator determines that
4 the replacement and protection requirements of this article have been met.
5 d. A tree inventory in lieu of a tree survey may be accepted by the zoning
6 administrator to document trees outside the limits of construction provided that
7 the critical root zones of said trees do not encroach into the limits of construction.
8 e. A request to use a tree inventory or a partial tree survey shall be made in writing
9 to the zoning administrator in conjunction with the preliminary site plan submittal.
10 The zoning administrator shall provide written notification approving or
11 disapproving the request within the preliminary site plan review cycle.
12 (2) Tree removal.
13 a. Tho de.feleper of the preieet whe remove ppo
a er mere rotepted frees as ort f
f f I r �
14
15
16
17 trees identafied iR the abGve tree sywey. The Gredit ORGhes shall be applied first te
18 the smallest diameter tFee @Rd then te the Femainder E)f the trees OR asGendiRg
19 order a000rdiRg to their diameters. After all credit ipohes are applied, the
20 de eloper hall eempl with the renuiremepts of seotiep 44_75_A developer of a
21 prosect who finds it necessary to remove one or more of the protected trees on
22 the site may remove a limited number of said protected trees without being
23 subject to the tree replacement requirements of Sec. 43-25. In order for a site to
24 qualify under this Section the zoning administrator shall first calculate the total
25 number of diameter inches of protected trees on the site. Then the developer
26 may remove protected trees whose total diameters are not more than 30 percent
27 of the diameter inches of all protected trees on the site. Provided however, this
28 Section shall first be applied to the smallest protected tree on the site and then to
29 the remainder of the protected trees in ascending order according to their
30 diameters. If the developer wishes to remove more than 30 percent of the
31 diameter inches of all protected trees on the site, the developer shall comply with
32 the requirements of Section 43-25 for trees in excess of said 30 percent.
33 b. A tree replacement plan and tree protection plan shall accompany the site
34 development permit application to the zoning administrator. The tree replacement
35 plan and tree protection plan will be reviewed in conjunction with the site
36 development permit application and will be approved or denied by the zoning
37 administrator.
38 C. When replacement trees are required, replacement shall be in accordance with
39 section 43-25.
40 (3) Reduced parking space requirement for preserving larger protected trees. A property
41 owner who preserves a protected tree having a diameter of 15 inches or more and who
42 does not disturb more than 25 percent of the said tree's critical root zone shall qualify for
43 a parking space credit as set forth herein. The property owner shall be entitled to reduce
10
1 his/her parking requirement by one parking space for each 162 square feet of area, or
2 fraction thereof, left undeveloped in order to preserve the protected tree. However, in no
3 case shall the owner receive a reduction in parking spaces in excess of ten percent of the
4 total required parking spaces. See Sec. 43-27(c) regarding disturbance of a monarch
5 tree's critical root zone.
6
7 Sec. 43-25. -Tree replacement.
8
9 (a) Requirements and regulations.
10
11 (1) Except as expressly provided herein, when protected trees are removed, tree
12 replacement shall be required.
13 (2) Replacement trees of the same or similar species as the protected tree to be removed
14 shall be planted as required in the tree replacement schedule in subsection (a)(6)of this
15 section. Each replacement tree shall be a minimum of three inches caliper and a
16 minimum of ten feet in height and five-foot spread, when planted. All replacement trees
17 shall comply with generally accepted criteria such as those provided in the tree technical
18 manual.
19 (3) Each replacement tree shall have an underground automatic irrigation system Grand
20 watering schedule in accordance with the generally accepted methods in the tree
21 technical manual.
22 (4) Each replacement tree shall be planted on the same subdivision or development site
23 from which the tree was removed. In the event that there is not a suitable location for the
24 replacement tree(s) on the same site, as determined and certified by a landscape
25 architect and approved by the zoning administrator, or if the zoning administrator
26 determines that replacement trees are unable to survive on the site based on information
27 submitted by the landscape architect, the owner of the site will be allowed to do one of
28 the following if approved by the zoning administrator:
29 a. Make a cash payment into the tree fund in accordance with the tree replacement
30 schedule provided in subsection (a)(6) below, which shall be used to fund tree
31 plantings or tree replacement on public property; or
32 b. Plant trees on public property according to the tree replacement schedule
33 provided in subsection (a)(6) below, as approved by the forestry manager.
34 (5) Replacement trees required under the subdivision process shall be planted no later than
35 two years from the date of the acceptance letter for the subdivision public improvements,
36 provided that fiscal security is posted in accordance with section 43-28.
37 (6) The tree replacement schedule is provided below and the replacement inches shall be
38 calculated as follows: Total diameter of trees in a single category multiplied by the tree
39 replacement ratio for that category equals the tree replacement required for that category
40 of trees. The tree replacement ratio applies to the diameter of the existing tree to be
41 removed.
11
Tree Replacement Fee
Diameter of Existing Tree lTree Replacement Ratio inches
(per inch)
8 to 19.99 inches 1.0 1$150.00
120 inches to Monarch 2.0 1$300.00
Monarch and larger 13.0 $450.00
1
2 Example: If an existing 12-inch tree is removed, 12 inches of tree replacement results or
3 a fee of$1,800 shall be paid (12 inches multiplied by $150.00). If an existing 20-inch tree
4 is removed, 40 inches of tree replacement results or a fee of$6,000 shall be paid (20
5 inches multiplied by $300.00).
6 (7) Except as provided herein, any replacement tree that dies prior to the expiration of two
7 years after a GeFtifiGate Of GGGUPsite development or subdivision improvement permit
8 acceptance letter is issued shall be replaced by the developer or owner. This paragraph
9 shall not apply to any replacement trees planted on lots zoned for single-family or two-
10 family uses.
11 (8) All replacement trees shall be considered protected trees regardless of size.
12
13 (b) Tree replacement fee.
14
15 (1) Fees are based on the ratios in the table in subsection (a)(6) above. Payment is
16 calculated as currently established or as hereafter adopted by resolution of the city
17 council from time to time.
18 (2) The tree replacement fee shall be tendered in the form of a cashier's check or other form
19 of payment acceptable by the city, payable to the city.
20 (3) The cashier's check or other form of payment acceptable by the city shall be submitted to
21 the zoning administrator at the time of site plan approval; prior to subdivision construction
22 plan acceptance; prior to plat recordation; or upon the tree removal permit approval,
23 depending on the applicable review process.
24
25 (c) Tree credits.
26
27 (1) Except for those species listed in subsection 43-22(b), trees with diameters of three or
28 more inches and less than eight inches located on-site may be credited toward the
29 replacement trees required under this article. For applicable lots under subsection 43-
30 22(a)(2), trees with diameters of three to 19 inches located on-site may be credited
31 toward the replacement trees required under this article.
32 (2) Up to 50 percent of the inches to be replaced may be done through tree credits.
33 (3) The trees selected for consideration toward the amount of replacement trees required
34 shall be indicated on the tree survey and the tree replacement plan.
12
1 (4) The trees shown on the tree survey and the tree replacement plan as the trees proposed
2 for tree credits shall be protected in the same manner as a protected tree.
3 (5) The forestry manager or zoning administrator, as appropriate, will review the trees
4 proposed for tree credits provided in the tree survey and tree replacement plan and will
5 approve or deny the use of the recommended trees as credits toward the replacement
6 trees required. The review of the forestry manager or the zoning administrator, as
7 appropriate, shall be based on the assessed health, structure, habit, disease, or decline
8 of the tree.
9
10 Sec.43-26. -Tree removal without replacement.
11
12 (a) A protected tree may be removed without replacement, provided approval is granted under
13 section 43-24, and one of the following conditions exists:
14
15 (1) The protected tree is damaged by natural causes or is diseased beyond the point of
16 recovery;
17 (2) The protected tree should be removed as a safety measure because it is in danger of
18 falling;
19 (3) The protected tree threatens to damage property;
20 (4) The location of the protected tree prevents reasonable access to the property; or
21 (5) The location of the protected tree precludes all reasonable and lawful use of the property
22 on which it is located.
23
24 (b) Transplanting a protected tree to a suitable location on the same property or off-site, as approved
25 under section 43-25, shall not require replacement, provided that the owner complies with the
26 generally accepted transplanting methods described in the tree technical manual and posts either
27 a cash deposit or a letter of credit. The letter of credit shall be in a form acceptable to the city
28 attorney, in the amount of 100 percent of the tree replacement fee required by section 43-25. The
29 city may draw on the letter of credit if, within two years of the date of the above-described
30 transplanting, the forestry manager reasonably determines that the tree is dead or is in such a
31 state of decline that it is likely to die. In that event, the cash deposit or the amount drawn on the
32 letter of credit shall be deposited in the tree fund.
33
34 Sec.43-27. -Tree protection measures.
35
36 (a) Critical root zone. During construction, temporary tree protection devices shall be installed at
37 least to the limit of the critical root zone or dripline, whichever is greater, for any protected tree to
38 be preserved when the respective critical root zone is within the limits of construction. The
39 temporary tree protection device shall consist of a chain link fence with a minimum height of five
40 feet with posts located at a maximum spacing of 10 feet installed in a manner that is nonintrusive
41 to any tree canopy and critical root zone.
13
I
2 (b) Disturbance of critical root zone for protected trees.
3
4 (1) If any of the hazardous activities described in subsections (sd)(3), (4), (7), (8) or(9)
5 below, occurs within six feet of the trunk of a protected tree, such tree shall be
6 considered removed and shall be replaced as required herein.
7 (2) If disturbance of the critical root zone of a protected tree occurs more than six feet from
8 the trunk and is 25 percent or less of the critical root zone, no replacement or mitigation
9 shall be required.
10 (3) If disturbance of the critical root zone of a protected tree exceeds 40 percent of the
11 critical root zone, such tree shall be considered removed and its removal shall be
12 mitigated as set forth in section 43-25.
13 (4) If disturbance of the critical root zone of a protected tree occurs more than six feet from
14 the trunk and is less th2R-40 percent or less, but exceeds 25 percent, the owner shall be
15 required to mitigate such disturbance by selecting one of the following methods:
16 a. The owner shall replace 50 percent of the tree replacement inches or pay 50
17 percent of the tree replacement fee required by section 43-25; or
18 b. The owner shall post either a cash deposit or a letter of credit in a form
19 acceptable to the city attorney, in the amount of 100 percent of the tree
20 replacement fee required by section 43-25. The city may draw on the letter of
21 credit if, within two years of the date of the above-described disturbance, as
22 determined by the zoning administrator, the zoning administrator reasonably
23 determines that the tree is dead or is in such a state of decline that it is likely to
24 die. In that event, the cash deposit or the amount drawn on the letter of credit
25 shall be deposited in the tree fund.
26
27 (c) Disturbance of critical root zone for monarch trees.
28
29 (1) It shall be unlawful for any of the hazardous activities described in subsections (d)(3), (4),
30 (7) (8) or(9) below to encroach into the enhanced critical root zone of a monarch tree.
31 The enhanced critical root zone shall be defined as the area within 75% of the radial
32 distance of the critical root zone. For example, a 40" diameter live oak having a 40-foot
33 radius critical root zone has a 30-foot radius enhanced critical root zone.
34 (2) Hazardous activities as described in subsections (d)(3), (4), (7), (8) or(9) below may
35 impact a maximum of 10% of the critical root zone of a monarch tree. Any impact shall
36 comply with the requirement described in subsection (c)(1) above and be approved by
37 the zoning administrator.
38 (3) Hazardous activities as described in subsections (d)(1), (2) (5) or(6) below, are
39 prohibited anywhere within the critical root zone of a monarch tree.
14
1 (4) Any pruning or trimming of a protected tree designated as a monarch tree shall only
2 occur if the forestry manager or zoning administrator has granted a monarch tree
3 trimming permit.
4
5 (Gd) Hazardous activities. Activities hazardous to the health of any protected tree being preserved are
6 prohibited, including but not limited to the following and as generally described in the tree
7 technical manual:
8
9 (1) Physical damage. Any physical damage, including tree topping and/or excessive pruning.
10 (2) Equipment cleaning and liquid disposal. Cleaning equipment, depositing or allowing
11 harmful liquids to flow overland within the limits of the critical root zone. This includes
12 paint, oil, solvents, asphalt, concrete, mortar, tar or similar materials.
13 (3) Grade changes. Grade changes (cut or fill)within the limits of the critical root zone unless
14 adequate construction methods are approved by the forestry manager or zoning
15 administrator, as appropriate.
16 (4) Impervious paving. Paving with asphalt, concrete or other impervious materials within the
17 limits of the critical root zone in a manner which may reasonably be expected to kill a
18 tree.
19 (5) Material storage. Storing materials intended for use in construction or allowing waste
20 materials due to excavation or demolition to accumulate within the limits of the critical
21 root zone.
22 (6) Tree attachments. Attaching to a tree any signs, wires, or other items, other than those of
23 a protective nature.
24 (7) Vehicular traffic. Vehicular and/or construction equipment traffic, parking, or storage
25 within the limits of the critical root zone, other than on pre-existing or approved pavement.
26 This restriction does not apply to single incident access within the critical root zone for
27 purposes of clearing underbrush, vehicular access necessary for emergency services,
28 routine utility maintenance, emergency restoration of utility service, or routine mowing
29 operations.
30 (8) Utility encroachment. Installation of utilities and appurtenances within the critical root
31 zone or crown except as otherwise approved by the forestry manager or zoning
32 administrator, as appropriate.
33 (9) Excavation and trenching. Excavation and trenching within the limits of the critical root
34 zone, except as otherwise approved by the forestry manager or zoning administrator, as
35 appropriate.
36
37 (de) Plans-. Details and notes prohibiting the above activities as generally provided in the tree
38 technical manual shall be included on all tree protection plans and tree replacement plans.
39
15
1 Sec. 43-28. - Fiscal security for trees.
2
3 (a) Posting of fiscal at subdivision. The owner must post fiscal security with the city prior to a request
4 for recordation of the final plat or prior to subdivision construction plan acceptance, whichever
5 comes first, if the replacement trees required under the approved tree replacement plan have not
6 been installed and accepted by the zoning administrator.
7
8 (b) Posting of fiscal for phased site plans. The owner must post fiscal security with the city if the tree
9 replacement plan is to be implemented in phases as part of an approved site plan that is in
10 phases. This fiscal security is intended to apply to those situations where protected trees are
11 removed in one phase of the development and the replacement trees are intended to be planted
12 in a subsequent phase of the development. The fiscal security must be posted prior to final site
13 plan approval.
14
15 (c) Amount. The amount of fiscal security posted by the owner shall equal the estimated cost plus
16 ten percent to complete the approved tree replacement plan. The owner's landscape architect
17 shall provide the zoning administrator with a sealed opinion of the probable cost for his approval.
18
19 (d) Time. The fiscal shall be posted for a two-year time period.
20
21 (e) Administrative fee. The owner shall pay an administrative fee equal to five percent of the amount
22 to be posted for all fiscal posting.
23
24 (f) Types. In a form approved by the city attorney, an owner may post as fiscal security:
25
26 (1) Cash;
27 (2) A performance bond; or
28 (3) A letter of credit.
29
30 (g) Expenditure of fiscal security. The city may draw on the fiscal security and pay the cost of
31 completing the tree replacement plan approved if it determines that the owner has breached the
32 obligations secured by the fiscal security or the two-year time period for the installation of the
33 replacement trees has expired. The city shall refund the balance of the fiscal security, if any, to
34 the owner. The owner shall be liable for the cost that exceeds the amount of fiscal security, if any,
35 including any costs incurred by the city to draw on the fiscal security.
36
37 (h) Return of fiscal security. The city shall return the fiscal security to the owner when final inspection
38 approval is provided by the zoning administrator.
39
16
1 Sec. 43-29. -Administration and enforcement.
2
3 This article will be administered and enforced by the forestry manager and the zoning administrator.
4 (1) Administration.
5 a. The role of the forestry manager is to:
6 1. Provide technical advice to the zoning administrator regarding trees;
7 2. Provide technical advice regarding protected trees and tree replacement
8 plans to the planning and zoning commission through the plat review
9 process;
10 3. Approve or disapprove of the removal of protected trees unrelated to the
11 site plan or subdivision processes; and
12 4. Review and recommend updates to this tree protection and preservation
13 ordinance and the tree technical manual.
14 b. The role of the zoning administrator is to approve or disapprove protected trees
15 to be preserved, removed, or replaced as part of the site plan and subdivision
16 process.
17 C. The role of the planning and zoning commission is to approve or disapprove
18 protected trees to be preserved, removed, or replaced as part of the subdivision
19 process.
20 (2) Enforcement.
21 a. Inspections. The forestry manager and zoning administrator are hereby
22 authorized to make such inspections and take such actions as may be required
23 to enforce the provisions of this article.
24 b. Powers and duties. The forestry manager and zoning administrator shall have
25 the following powers:
26 1. To enforce the provisions of this article, file complaints in municipal court
27 against persons who violate any of its provisions.
28 2. To enter any premises for the purpose of inspecting the trees provided
29 for in the tree surveys and tree replacement plans; the protection of trees
30 on the site; the trees being installed; the trees being removed or to
31 perform his/her official duties.
32 3. To ensure compliance with this article where a tree replacement plan has
33 been submitted and approved.
34 4. To issue a stop work order to a person to cease performing any work
35 being done without a requisite permit or otherwise in violation of this
36 article.
37 C. Faulty work.
38 1. If the installation of replacement trees are found to be of substandard
39 quality, incorrectly or defectively installed or found not to be installed in
40 accordance with the tree replacement plan and the tree technical
41 manual, the forestry manager or zoning administrator, as appropriate,
17
I shall notify the owner in writing of all the changes that need to be made
2 in order for the work to conform with the tree replacement plan and the
3 provisions of this article.
4 2. If the forestry manager or zoning administrator, as appropriate, finds that
5 the protected trees on the site were damaged due to construction during
6 the subdivision or site plan process, the forestry manager or zoning
7 administrator, as appropriate, shall notify the owner in writing identifying
8 the damaged trees and the owner shall replace the damaged trees in
9 accordance with section 43-25.
10 3. A subdivision plat shall not be recorded, a certificate of occupancy shall
11 not be issued, or fiscal security shall not be released until the forestry
12 manager or zoning administrator, as appropriate, re-inspects the site and
13 finds that the changes requested have been completed correctly and in
14 accordance with the tree replacement plan and the provisions of this
15 article or the fiscal security posted is paid into the tree fund.
16 d. Final inspection.
17 1. Upon the completion of all the installation of trees, the owner shall notify
18 the forestry manager or zoning administrator, as appropriate, that the
19 work is ready for final inspection.
20 2. If faulty work or substandard plant material is found, the owner shall be
21 notified of the necessary changes to be done in accordance with
22 subsection 43-29(2)c., above. If such work is found to be correctly
23 installed and in accordance with the tree replacement plan, the forestry
24 manager or zoning administrator, as appropriate, shall provide written
25 notification to the appropriate city official that the owner has met the
26 requirements of this article.
27
28 Sec.43-30. - Exceptions.
29
30 (a) During the period of an emergency, such as a tornado, storm, flood or other natural disaster, the
31 requirements of this article may be waived as deemed necessary by the emergency management
32 coordinator or other designee of the city manager. In addition to rights granted by easement,
33 utility service providers, lawfully within the right-of-way, may remove trees during the period of an
34 emergency that are determined by the provider to be a danger to public safety and welfare by
35 interfering with utility service.
36
37 (b) The city shall have the right to plant, prune, remove and maintain any protected tree located on a
38 right-of-way, easement, public parkland or any other city-owned property as may be necessary to
39 ensure public safety. The city may remove or cause or order to be removed any protected tree or
40 part thereof which is in an unsafe condition, or which by reason of its nature or location
41 unreasonably interferes with the construction, maintenance or replacement of wastewater lines,
18
I water lines, drainage facilities, streets or other public improvements. Before removing a monarch
2 tree for any of the reasons provided above, a city department shall consult with the forestry
3 manager and/or zoning administrator, as appropriate, to determine whether a monarch tree may
4 be removed, with the final decision being made by the city manager.
5
6 Sec.43-31. -Violations.
7
8 Violations of this article shall be punishable by a fine as provided in section 1-9, and each protected tree
9 that is unlawfully removed or damaged shall constitute a separate offense. Criminal prosecution shall not
10 preclude civil action by the city to recover for the damage or loss of the tree, and the city attorney is
11 hereby authorized, without further authorization from the city council, to institute and prosecute a lawsuit
12 against any person who unlawfully removes or damages a protected tree, to recover the reasonable value
13 of the tree.
14
15 Sec. 43-32. -Appeals.
16
17 (a) Denial of protected tree removal permit. If an application for a protected tree removal permit is
18 denied, the applicant may appeal such action to the zoning board of adjustment by filing written
19 notice of such appeal with the zoning administrator within ten days of notice of the denial of the
20 application by the forestry manager or zoning administrator, as appropriate. The board shall have
21 45 days from the date of the appeal to review said denial. The board may affirm or reverse the
22 determination of the forestry manager or zoning administrator. If the board fails to act within 45
23 days, the appeal shall be automatically granted and a protected tree removal permit issued.
24
25 (b) Denial of tree removal request through the subdivision process. If a protected tree removal
26 request is denied, the applicant may appeal such action to the city council by filing written notice
27 of such appeal with the city clerk within ten days of notice of the denial of the application by the
28 planning and zoning commission. The city council shall have 30 days from the date of the appeal
29 to review said denial. The city council may affirm or reverse the determination of the planning and
30 zoning commission. If the city council fails to act within 30 days, the appeal shall be automatically
31 granted and a protected tree removal request approved.
32
33 (c) Denial of tree removal request through the site plaxtdevelopment or subdivision improvement
34ep rmit process. If a protected tree removal request is denied, the applicant may appeal such
35 action to the zoning board of adjustment by filing written notice of such appeal with the zoning
36 administrator within ten days of notice of the denial of the application by the zoning administrator.
37 The board shall have 45 days from the date of the appeal to review said denial. The board may
38 affirm or reverse the determination of the zoning administrator. If the board fails to act within 45
39 days, the appeal shall be automatically granted and a protected tree removal request approved.
40
19
1 Sec. 43-33. -Tree fund.
2
3 The tree fund shall consist of fees generated as a result of tree replacement requirements as well as
4 general donations for public tree plantings.
5 (1) Establishment of fund. A tree fund is hereby established.
6 (2) Funds to be deposited. Tree replacement fees for the installation of replacement trees, as
7 provided for in section 43-25, shall be deposited in the tree fund.
8 (3) Use of funds. Expenditures from the tree fund shall be used solely for the purpose of
9 purchasing and installing trees and associated irrigation on public rights-of-way, public
10 park land or any other city-owned property, and for administering the tree fund.
11
12 Secs. 43-34-43-55. - Reserved.
13
14 II.
15 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
16 expressly repealed.
17 B. The invalidity of any section or provision of this ordinance shall not
18 invalidate other sections or provisions thereof.
19 C. The City Council hereby finds and declares that written notice of the date,
20 hour, place and subject of the meeting at which this Ordinance was adopted was posted
21 and that such meeting was open to the public as required by law at all times during
22 which this Ordinance and the subject matter hereof were discussed, considered and
23 formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas
24 Government Code, as amended.
25 READ and APPROVED on first reading this the -b day of
26 I\q ZA+ , 2017.
Y�
27 READ, APPROVED and ADOPTED on second reading this the day of
28 MA"-- ' 2017.
20
1
2 �' r
3 ALAN MCGRAW, Mayor
4 City of Round Rock, Texas
5
5 ATTEST:
fl
s
9 SARA L. WHITE, City Clerk
10
11
21