ORD 2005-11TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2005-11 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ORDINANCE NO. 2002-40 P&Z OF THE TOWN WHICH
REPEALED ORDINANCE 2001-30 P&Z; AND ADOPTING A NEW
ARTICLE 8 "TREE PRESERVATION AND REMOVAL", BY REVISING
SUBSECTION 2, ENTITLED "APPLICABILITY" OF SECTION 8.3
"TREE PRESERVATION", AND BY ADDING A NEW SECTION 8.11
ENTITLED "LAND DISTURBING ACTIVITIES" BY INCLUDING
CRITERIA FOR PERMIT AND APPROVAL REQUIREMENTS,
EXCEPTIONS, GENERAL REGULATION STANDARDS AND SITE
EVALUATION CRITERIA AND; PROVIDING DEFINITIONS;
ESTABLISHING PROVISIONS FOR A TREE BOARD; PROVIDING
TREE PRESERVATION; PROVIDING FOR INFORMATIONAL
ASSISTANCE; PROVIDING FOR PROTECTED TREES; PROVIDING A
PROTECTED TREE LIST; PROVIDING FOR SPECIMEN TREES;
PROVIDING FOR MAJESTIC OR HISTORIC TREES; PROVIDING FOR
TREE REMOVAL AND REPLACEMENT; PROVIDING AN APPROVED
TREE PLANTING AND REPLACEMENT LIST; PROVIDING AN
APPROVED MEDIAN AND RIGHT-OF-WAY TREE PLANTING LIST;
PROVIDING FOR TREE PROTECTION MEASURES; REQUIRING
TREE PERMITS FOR REPLANTING AND REMOVAL; PROVIDING AN
APPEAL PROCESS; PROVIDING A CUMULATIVE CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas, is authorized and
empowered by law, in accordance with Chapter 212 of the Texas Local Government Code to
regulate the subdivision of land and property development within and without the corporate
limits of the Town; and
WHEREAS, on December 2, 2002, the Town adopted Ordinance No. 2002-40 P&Z,
governing and regulating the platting and subdivision of land within and without the corporate
limits of the Town of Trophy Club by revising Article 8, entitled "Tree Preservation and
Removal" in order to designate duties of the Tree Board, the requirement to adopt provisions for
the annual development of a written plan, in conjunction with the Town's Superintendent, for the
care, preservation, trimming, planting, replanting, removal, or disposition of trees and shrubs in
public ways, streets, alleys, and parks; and
- 1 -
WHEREAS, due to recent events within the Town specifically relating to land disturbing
activities which have caused concern about the preservation of trees at a pre -development phase,
Town staff has recommended an update to Article 8 of the Subdivision Regulations, Town
Ordinance No. 2002-40 P&Z by revising subsection 2, entitled "Applicability" of Section 8.3
"Tree Preservation", and by adding a new section 8.11 entitled "Land Disturbing Activities" by
including criteria for Permit and Approval Requirements, Exceptions, General Regulation
Standards and Site Evaluation Criteria; and
WHEREAS, the adoption of such provisions has been reviewed by Town's Planning and
Zoning Commission, which recommends approval of such provisions; and
WHEREAS, the Town Council now deems it necessary for the safe, orderly, and
healthful development of the Town and in the best interest of the Town of Trophy Club, Texas,
to adopt this Ordinance by repealing and replacing Ordinance No. 2002-40 P&Z.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
AMENDMENT; TREE PRESERVATION AND REMOVAL
Ordinance No. 2002-40 P&Z of the Town of Trophy Club, Texas, the same governing
and regulating the development, platting, and subdivision of land within and without the
corporate limits of the Town, is hereby repealed and replaced by revising Subsection 2 of Section
8.3 of Article 8 and by adding in its entirety Section 8.11, and all other articles, chapters,
sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and
affirmed.
ARTICLE 8
TREE PRESERVATION AND REMOVAL
SECTION 8.1 DEFINITIONS
"Buildable Area" shall mean that portion of building site exclusive of the required yard areas on
which a structure or building improvement may be erected and including the actual structure,
driveway, parldng lot, pool, and other construction as shown on a site plan.
-2-
"Canopy" shall mean any high covering limbs and/or leaves hanging over or creating shelter
under the tree's foliage.
"Community Development Manager or Director" shall mean the Community Development
Manager of the Town of Trophy Club Texas, or his or her designee.
"Crown" shall mean the top, upper, or highest portion of a tree, including the leaves and living
branches.
"Developer" shall mean any individual, partnership, firm, association, joint venture,
organization, corporation, builder, construction company or governmental entity.
"Drip Line" shall mean the area directly under the canopy or shelter area created by the canopy.
"Historic Tree" shall have the meaning assigned in Section 8.7 of this Ordinance
Land -Disturbing Activity: Any activity, including but not limited to excavation, planting,
tilling, grading, digging, cutting, scraping, or excavating of soil, placement of fill materials,
paving, construction, substantial removal of vegetation, or any activity which bares soil or rock
or involves the diversion or piping of any natural or man-made watercourse, which disturbs the
natural or improved vegetative ground cover so as to expose soil to the erosive forces of rain,
storm water runoff or wind. All installations and maintenance of franchise utilities such as
telephone, gas, electric, etc., shall be considered land -disturbing activities.
"Majestic Tree" shall have the meaning assigned in Section 8.7 of this Ordinance
"Original Construction" shall mean initial construction.
"Person" shall mean an individual, corporation, firm, partnership, association, company, joint
venture, organization or other legal entity, other than the Town of Trophy Club, the Municipal
Utility District 1 or the Municipal Utility District 2.
"Protected Tree" shall have the meaning assigned in Section 8.5 of this Ordinance.
"Specimen Trees" shall have the meaning assigned in Section 8.6 of this Ordinance.
SECTION 8.2 TREE BOARD
1. Creation and Establishment of a Town Tree Board: There is hereby created and
established a Town Tree Board for the Town of Trophy Club, Texas which shall consist
of five (5) regular members, each to be appointed by a majority of the Town Council.
2. Term of Membership: Members of the Tree Board shall be appointed by the Town
Council for a two (2) year term, but serve at the pleasure of and subject to removal and
re -appointment by the Town Council. Two (2) members shall be appointed to serve one
-3-
(1) year terms for the first year of the Tree Board; and three (3) members shall be
appointed to serve a two (2) year term. All successive terms shall be served on the basis
of two (2) year terms for all members. In the event that a vacancy occurs on the Tree
Board, the Town Council will appoint a new member to complete the un -expired term. A
member ceasing to reside in the Town of Trophy Club, or elected to public office during
his/her term of office shall immediately forfeit his/her membership.
3. Resident of Trophy Club: Each member of the Tree Board shall be a resident of the
Town of Trophy Club at the time of his/her appointment.
4. Officers: The Tree Board shall select from among its regular members, a chairman, and
an acting chairman to act in the absence of the chairman, and a secretary.
5. Meetings: All meetings of the Tree Board shall be open to the public. The Tree Board
shall keep minutes of its proceedingsshowing the vote of each member upon each
question or, if absent or failing to vote, indicating such fact, and shall keep record of its
examinations and others official actions, all of which shall be filed the office of the
Community Development Manager or authorized designee and shall be a public record.
The Community Development Manager of the Town of Trophy Club shall be the
custodian and processor of the records and minutes of the Tree Board.
Meetings of the Tree Board may be held as often as necessary to conduct the business
coming before the Board and shall be held at the call of the Chairman and at other such
times as a majority of the Board may determine.
6. Compensation: Members of the Board shall be volunteers and shall serve without
compensation.
7. Attendance: Three (3) consecutive absences that are not excused by the Board, or the
absence of a regular member from more than twenty-five (25) percent of the posted
meetings in any twelve (12) month period, shall cause the Tree Board to review the
attendance record of the member and make a recommendation to the Town Council on
continued service and reappointment.
S. Duties and Responsibilities: It shall be the responsibility of the Tree Board to:
a. Determine cash value for a tree replacement;
b. Designate Protected, Specimen, Historical, and Majestic trees, as defined herein;
C. Develop and approve tree lists;
d. Inform and develop an informational tree pamphlet; and
e. Hear appeals.
-4-
f. Annually develop a written plan, in conjunction with the Town's Landscape
Superintendent, for the care, preservation, trimming, planting, replanting,
removal, or disposition of trees and shrubs in public ways, streets, alleys, and
parks. Such plan will be presented annually to the Town Council and upon
acceptance and approval, shall constitute the official comprehensive Tree Plan for
the Town of Trophy Club. The Town's Landscape Superintendent shall be
charged with carrying out the plan.
SECTION 8.3 TREE PRESERVATION
1. Intent: The removal or replanting of any protected trees (specifically, Protected,
Specimen, Majestic or Historic Trees, as defined in this Ordinance) requires a Tree
Removal Permit or a Tree Replanting Permit, as the case may be, in accordance with the
terms and provisions hereof. The terms and provisions of this Ordinance allow trees
located within necessary public rights-of-way, easements, and the buildable area of a
building lot or site where the lot or site is less than one (1) acre in size to be removed
without a Tree Removal Permit and prior to the issuance of a building permit. It is
provided, however, that where a building lot or site is one (1) acre in size or larger, then
no Protected, Specimen, Majestic or Historic Trees shall be removed from the buildable
area of the lot or site before the issuance of a building permit relating to the lot or site.
2. Applicability The purpose of this Ordinance is to regulate undeveloped and vacant real
property in accordance with the regulations contained herein both prior to and during the
platting, subdivision and development of property, including but not limited to grading or
any other construction activity. The terms and provisions of this Ordinance shall apply to
all real property within the Town's corporate limits which is one (1) acre or greater in size
and which meets one or more of the following criteria:
a. All vacant or undeveloped real property prior to and during the platting,
subdivision and development of property, including but not limited to grading,
any other construction activity on the property, or preparation of the property for
any construction activity thereon; ;
b. All platted real property which is re -platted, re -subdivided or for which additional
subdivision occurs.
The terms and provisions of this Ordinance shall not apply to developed single family and
two-family residential property.
3. Exceptions: Under the following circumstances, a tree removal permit is not required:
a. In the event that any Protected, Specimen, Majestic or Historic Tree shall be
determined to be in a hazardous or dangerous condition so as to endanger the
public health, welfare or safety, and require immediate removal without delay,
-5-
authorization for removal may be given by the Town Manager or Community
Development Manager upon the request of the owner of the property upon which
the tree is located, and such Protected, Specimen, Majestic or Historic Tree may
then be removed without obtaining a written permit as required by this ordinance.
b. During the period of an emergency, such as a tornado, storm, flood or other act of
God, the requirements of this Ordinance may be waived as deemed necessary by
the Town Manager or Community Development Manager.
C. Utility companies franchised or otherwise authorized to provide utility service
may remove Protected, Specimen, Majestic or Historic Trees that endanger public
safety and welfare by interfering with utility service.
d. The mowing, clearing and grubbing of brush located within or under the drip lines
of Protected, Specimen, Majestic or Historic Trees shall be allowed, provided
such mowing, clearing or grubbing is accomplished by hand or by manually
operated mowers. The use of bulldozers, loaders or other construction or earth
moving equipment for this purpose shall not be allowed.
C. For public recreational property or uses, such as public golf courses and baseball,
soccer, football or similar public athletic facilities, and public works projects such
as water or waste water treatment plants, pump stations, storage tanks, and public
streets and drainage improvements, the buildable area of the property shall include
that portion of the property necessary for the construction of such recreational and
public works improvements, including sufficient adjacent area to allow the normal
operation of construction equipment.
I. The terms and provisions of this Ordinance shall not apply to a lot of record, a
deed for which was recorded in the office of the County Cleric prior to the passage
of this Ordinance, or to any development, subdivision or re -subdivision for which
a completed application for approval has been filed with the Town or for which a
plat has been approved by the Planning and Zoning Commission and/or the Town
Council and filed in the plat records of the County prior to the effective date of
this Ordinance.
g. All easements and rights-of-way included on a record plat approved by the Town
and filed in the plat records of the County.
SECTION 8.4 INFORMATIONAL ASSISTANCE
1. In furtherance of the purpose and provisions hereof, the Town's Tree Board shall develop
and make available to persons malting application for either Tree Removal Permits or
Tree Replanting Permits, and make available to the general public an informational
pamphlet identifying appropriate and useful facts, guidelines and how-to information
relative to the preservation, protection and replanting of trees.
-6-
2. The Community Development Manager or authorized designee shall also develop,
maintain and make available to applicants for Tree Removal Permits or Tree Replanting
Permits and to the general public a tree species reference book to provide more detailed
information concerning tree care in general and the characteristics, soil and growth
requirements and other traits of specific tree species identified on the Town's Protected
Tree List and Approved Tree Planting and Replacement List.
3. A cun-ent edition of the Texas Association of Nurserymen Grades and Standards, as
applicable to the tree species on the Town's Protected Tree List and Approved Tree
Planting and Replacement List, shall be maintained by the Community Development
Manager or authorized designee and made available to applicants for building permits,
Tree Removal Permits or Tree Replanting Permits and to the general public, as only those
trees meeting and planted or replanted in accordance with the applicable Texas
Association of Nurserymen Grades and Standards shall satisfy the tree planting,
replanting and/or replacement standards and requirements contained herein.
SECTION 8.5 PROTECTED TREES
1. Desi --nation of Protected Trees: A "Protected Tree" shall be any existing living tree of a
species or type listed on the Town of Trophy Club Protected Tree List and that has or
possesses each of the following characteristics or criteria:
a. A single trunk of six inches (6") in caliper width or greater, measured at one foot
(1') above natural grade level, and at least eight feet (8') high; or a multi -trunk
having a total caliper width of eight inches (8"), measured by combining the
caliper width of the largest stem or branch with one-half ('h) the caliper width of
each additional stem or branch, all measured at one foot (1') above natural grade
level, and at least twelve feet (12') high; and
b. Located outside of a public street, alley, right-of-way, utility easement, drainage
easement, fence easement, pedestrian access easement, or other public right-of-
way or easement; or the buildable area of a building lot or site, as included on a
record plat approved by the Town Council and filed in the plat records of the
County; or the buildable area of a building lot or site, as included on a building
permit site plan approved by the Town. For the purposes of any development of a
building lot or site one (1) acre in area or larger, "buildable area" shall mean all
that portion of the building lot or site inclusive of the footprint of the building(s)
and projected ten (10') feet from the outside of the building footprint. For the
purposes of any development of a building lot or site less than one (1) acre in area,
"buildable area" shall mean that portion of the building lot or site not within the
required front yard, side yard and rear yard areas. For the purposes of issuing
building permits, "buildable area" shall also mean those areas on a building lot or
site, as shown on the required site plan, necessary for the construction of such
other improvements as driveways, panting areas, pools, tennis courts and
-7-
accessory buildings, including sufficient adjacent area to allow the normal
operation of construction equipment.
2. Exception: A Protected Tree shall not include any living tree that a registered arborist or
landscape architect certifies in writing is injured, dying, diseased or infested with harmful
insects; that is in danger of falling, interferes with utility service or creates unsafe vision
clearance; in any manner creates a hazardous or dangerous condition so as to endanger
the public health, welfare or safety; or that is identified on approved subdivision
construction plans as necessary to be removed to comply with EPA storm water
permitting requirements or FHA lot grading plans.
3. Approved Tree List:
a. General: The tree species lists contained herein have been developed and will be
periodically updated by the Town's Tree Boatel (created and established) and shall
be maintained as guides for the identification and selection of tree species that
meet the various standards and requirements of this Ordinance. Trees included on
these tree species lists were selected on the basis of one or more of the following
criteria or factors: hardiness, resistance to disease, suitability relative to local
climate and soil conditions, adaptability for transplantation, longevity, adaptability
to various landscape conditions, resistance to drought, aesthetic qualities, shade
provision, windbreak provision, and screening qualities.
b. Protected Tree List: Only those tree species found on the following list shall be
subject to the preservation, protection and replanting requirements of this
Ordinance.
Protected Tree List
Common Name
Scientific Name
Bald Cypress
(Taxodium Distichum)
Black Walnut
(Juglans Nigra)
Blackjack Oak
(Quercus Marilandica)
Bur Oak
(Quercus Macrocarpa)
Carolina Buckthorn
(Rhamnus Caroliniana)
Chinese Pistache
(Pistachia Chinensis)
Chinka in Oak
(Quercus Muehlenber ii)
Chittamwood
(Bumelia Languinosa)
Common Persimmon
Dios yros Virginiana)
Escarpment Live Oak
(Quercus Fusiformis)
Lacebark Elm
(Ulmus Parvifolia)
Magnolia
(Magnolia Grandiflora)
Mexican Plum
(Prunus Mexicana)
Pecans And Hickories
(Carya Species)
Pines
(Pinus Species)
Possum Ha
(Ilex Decidua)
Post Oak
(Quercus Stellata)
Redbuds
(Cercis Species)
Sawtooth Oak
(Quercus Acutissima)
Shumard Oak
(Quercus Shumardi)
Southern Live Oak
(Quercus Virginiana)
Texas Red Oak
(Quercus Texana)
Water Oak
(Quercus Nigra)
Western Soa berry
(Sa idus Drummondii)
Yau on Holly
(Ilex Vomitoria)
4. Replanting of Protected Trees: No person, directly or indirectly, shall replant, relocate,
transfer or move from one location to another any Protected Tree on any real property
within the Town of Trophy Club without first obtaining a Tree Replanting Permit.
5. Replanting Standards: Only those trees meeting and replanted in accordance with the
applicable Texas Association of Nurserymen Grades and Standards shall satisfy the tree
replanting requirements contained herein.
6. Penalty for Unauthorized Replanting of Protected Trees: Any person replanting,
relocating, transferring or moving from one location to another any Protected Trees on
any real property within the Town of Trophy Club without first obtaining a Tree
Replanting Permit, shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be punished as provided below.
SECTION 8.6 SPECIMEN TREES
1. Designation of Specimen Trees: Specimen Trees shall be designated according to the
following provisions:
a. Except as specified below, any tree listed on the Town's protected tree list and the
caliper of which is within fifty percent (50%) of the caliper width or
circumference (measured at one foot (1') above ground level) of the same such
tree as listed in the most current edition of the Big Tree Registry, as amended,
published by the Texas Forest Service, shall be considered a "Specimen Tree." A
copy of such registry shall be available for review in the Department of the
Community Development. On a going forward basis (as land is platted) a listing
and map of all designated Specimen Trees shall be maintained and updated by the
Community Development Manager or authorized designee and made available to
the public upon request. Notwithstanding the foregoing, the trees listed below
shall be considered Specimen Trees in accordance with the following schedule:
Type of Tree
-9-
% of Big Tree Registry
Any tree not listed on the
Protected Tree List in 75%
Section (1.4) herein
SECTION 8.7 MAJESTIC OR HISTORIC TREES
1. Designation of Majestic or Historic Trees: Majestic or Historic trees shall be designated
according to the following provisions:
a. Majestic Trees: Any tree listed on the Town's protected tree list and within
seventy-five percent (75%) of the caliper width or circumference (measured at one
foot (1') above ground level) of the same such tree as listed in the most current
edition of the Big Tree Registry, as amended, published by the Texas Forest
Service, shall be considered a Majestic Tree. A copy of such Registry shall be
available for review in the Department of Community Development. A listing and
map of all designated Majestic Trees shall be maintained and updated by the
Community Development Manager or authorized designee and made available to
the public upon request.
b. Historic Tree: Upon recommendation by the Tree Board, a Historic Tree shall be
any tree that has been designated by the Town Council, after public hearing and
due notice to the owner of the tree, as a tree of notable historical interest and value
to the Town of Trophy Club because of its location or historical association with
the community. A listing and map of all designated Historic Trees shall be
maintained and updated by the Community Development Manager or authorized
designee and made available to the public upon request.
SECTION 8.8 TREE REMOVAL AND REPLACEMENT
1. Removal of Protected Trees: No person, directly or indirectly, shall cut down, destroy,
remove or effectively destroy through damaging any Protected, Specimen, Historic or
Majestic Tree, on any real property within the Town of Trophy Club without first
obtaining a Tree Removal Permit, unless otherwise exempted by the terms of this
Ordinance.
?. Permit Required: Protected, Specimen, Historic or Majestic Trees shall not be removed
prior to the issuance of a Tree Removal Permit. Under no circumstances shall the clear -
cutting of trees on any real property within the Town of Trophy Club be allowed prior to
the issuance of a Tree Removal Permit for such property.
3. Replacement Trees Required: It shall be the responsibility of any person obtaining a Tree
Removal Permit for any tree to provide replacement according to the following criteria:
a. Protected Trees:
to-
Replace with tree(s) having a total caliper width equivalent to one and one-half
(1'/2) times that of the trees to be removed.
Specimen Trees:
Replace with tree(s) having a total caliper width equivalent to two (2) times that
of the trees to be removed.
Historic or Majestic Trees:
Replace with tree(s) having a total caliper width equivalent to two and one-half
(2'/z) times that of the trees to be removed.
"Total caliper width" for replacement trees shall be measured as follows: For
single -trunk trees, the width shall be measured at one foot (1') above ground level.
For multi -trunk trees, "total caliper width" shall be calculated by combining the
caliper width of the largest stem or branch with one-half of the caliper width of
each additional stem or branch, all measured at one foot (1') above ground level.
Example: If a 6 -inch (6") Protected Tree is removed, then that tree must be
replaced by trees with a total caliper width of nine inches (9"). This total caliper
width could be satisfied by one (1) nine -inch (9") caliper replacement tree, or
three (3) three inch (3") caliper width replacement trees, or any other combination
providing a total caliper width of nine inches (9").
b. Such replacement trees shall be container -grown and have a minimum caliper
width of two and one-half inches to three inches (2'/z" to 3"), measured at one foot
(1") above ground level. Alternatively, container -grown replacement trees may
have a minimum caliper width of four inches (4") measured at one foot (1") above
ground level. In any event, replacement trees shall have a minimum height of at
least six feet (6').
C. At the discretion of the Community Development Manager or authorized
designee, money may be paid to the Town of Trophy Club instead of providing
the replacement trees required by this Ordinance. Any such payments shall be
deposited in a special account or fund and used by the Town of Trophy Club to
provide and/or support supplemental landscape plantings in public areas of
Trophy Club or to support the administration and enforcement of the Town's tree
preservation regulations. A per -caliper -inch cash value for replacement trees shall
be set annually by the Town Council after review and recommendation by the
Tree Board. The Community Development Manager or authorized designee shall
maintain a record of the current per -caliper -inch cash value of replacement trees.
4. Acts Specifically Prohibited: The following acts are prohibited:
a. It shall be unlawful for a person to violate any provision of this Ordinance.
-11-
b. It shall be unlawful for any person to remove or cause to be removed from real
property subject to this Ordinance a Protected, Specimen, Historic or Majestic tree
without first obtaining a Tree Removal Permit.
C. It shall also be a unlawful for a person to allow or to cause a tree to be injured as a
result of a failure to follow or require the use of tree protection measures specified
herein such that the tree dies or may reasonably be expected to die.
5. Replacement Required Upon Conviction of Offense: If a person fails to obtain a Tree
Removal Permit as required by this ordinance, then upon conviction of such violation in
municipal court or upon the entry of a plea of guilty or no contest, such person shall in
addition to the fine imposed by the court, provide a replacement tree or trees for each
such violation. The replacement tree(s) shall have a total caliper width equivalent to:
a. Protected Trees: five (5) times that of the removed tree(s).
Specimen Trees: ten (10) times that of the removed tree(s).
Majestic or Historic Trees: fifteen (15) times that of the removed tree(s).
Such replacement trees shall be container -grown and have a minimum caliper width of
two and one-half inches to three inches (2'/2" to 3"), measured at one foot (1') above
ground level. In any event, replacement trees shall have a minimum height of at least six
feet (6'),
6. Approved Tree Planting and Replacement List: Only those tree species found on the
following Approved Tree Planting and Replacement List shall satisfy the tree planting
and replacement standards and requirements of this Ordinance.
Approved Tree Planting & Replacement List
Tree Size
Common Name
Scientific Name
Large
Southern Live Oak
(Quercii Virginians)
Large
Escarpment Live Oak
(Quercus Fusiformis)
Large
Shumard Oak
(Quercus Shumardi)
Large
Chinks in Oak
(Quercus Muehlenberaii)
Large
Bur Oak
(Quercus Macrocarpa)
Large
Texas Red Oak
Quercus Texana)
Large
Bald Cypress
(Taxodium Distichum)
Large
Pecans And Hickories
(Car a Species)
Medium
Chinese Pistache
(Pistachia Chinensis)
Medium
Eldarica Pine
(Pinus Eldarica)
Medium
Leyland Cypress
(Cu ressociy avis Le landi)
Large
Magnolia
(Magnolia Grandiflora)
12-
Approved Median and Right -of -Way Tree Planting List: The following tree species shall
be allowed to be planted in medians and right-of-way when approved by the Town.
Additional tree species with non-aggressive root systems/deep root systems may be
authorized for planting by the Tree Board upon necessity and good cause shown.
13-
Approved Median and ROW Tree Planting List
Tree Size
Common Name
Scientific Name
Large
Bald Cypress
(Taxodium Distichum)
Large
Bur Oak
(Quercus Macrocarpa)
Medium
Chinese Pistache
(Pistachia Chinensis)
Large
Chinka in Oak
(Quercus Muehlenbergii)
Medium
Crepe Myrtle
(Lagerstroemia Indica)
Large
Escarpment Live Oak
(Quercus Fusiformis)
Medium
Fruitless Crabapples
(Malug Species)
Medium
Holly
(Ilex Species)
Large
Lacebark Elm
(Ulmus Parvifolia)
Large
Magnolia
(Magnolia Grandiflora)
Large
Native Pecan
(Carya Species)
Small
Possum Haw
(IlexDecidu)
Small
Redbuds/Whitebuds
(Cercis Species)
Large
Sawtooth Oak
(Quercus Acutissima)
Large
Shumard Oak
(Quercus Shumardi)
Large
Southern Live Oak
(Quercus Virginiana)
Large
Texas Red Oak
(Quercus Texana)
Medium
Wax Myrtle
(Myrica Cerifera)
Large
Winged Elm
(Ulmus Alata)
Small
Yau on Holl
(Ilex Vomitoria)
8. Spacing: The spacing of trees located in the rights-of-way will be in accordance with the
species size classes. No trees may be planted closer together than the following:
Small Trees
Medium Trees
Large Trees
Thirty (30) feet
Forty (40) feet
Fifty (50) feet
except pursuant to an alternative plan designed by a landscape architect, arborist or
degreed horticulturist and approved by the Town Tree Board.
9. Distance from Curb/Sidewalk: The distance trees may be planted from curbs, curb lines
and/or sidewalks shall be in accordance with the three species size classes. Trees may not
be planted closer to any curb or sidewalk than the following:
Small Trees
Medium Trees
Large Trees
Two (2) feet
Three (3) feet
Four (4) feet
-14-
10. Distance from Street Corner and Fireplugs: No tree shall be planted closer than thirty-
five (35') feet of any street corner, measured from the point of nearest intersecting curbs
or curb lines. Trees found in the rights-of-way shall be planted no closer than ten (10')
feet of any fireplug.
11. Utilities: No trees other than small species may be planted under or within 10 lateral feet
of any overhead utility wire, or over or within five (5) lateral feet of any underground
waterline, sewer line, transmission line or other utility.
12. Public Tree Care: The Town shall have the right to plant, prune, maintain and remove
trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and
public grounds, as may be necessary to ensure public safety or to preserve or enhance the
symmetry and beauty of such public grounds.
13. Tree Topping: It shall be unlawful as a normal practice for any person to top any tree
located on public property. Topping is defined as the severe cutting back of limbs to
stubs larger than three inches in diameter within the tree's crown to such a degree so as to
remove the normal canopy and disfigure the tree. Upon the written approval of the
Community Development Manager, trees severely damaged by storms or other causes, or
certain trees under utility wires or other obstructions where other pruning practices are
impractical may be exempted from the requirements of this Ordinance.
14. Pruning, Corner Clearance: Every owner of any tree overhanging any street or right-of-
way within the Town shall prune the branches so that such branches shall not obstruct the
light from any street lamp or obstruct the view of any street intersection and so that there
shall be a clear space of eight feet (8') above the surface of the street or sidewalk. Said
owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs
which constitute a menace to the safety of the public. The Town shall have the right to
prune any tree or shrub on private property when it interferes with the proper spread of
light along the street from a streetlight or interferes with visibility of any traffic control
device or sign.
SECTION 8.9 TREE PROTECTION MEASURES
1. The following tree protection measures shall be required:
a. Prior to construction or land development, the developer shall install four -foot -
high (4') plastic (or equivalent) safety fencing around the drip line of Protected
Trees and six -foot -high (6') chain link fencing around the drip line of Specimen,
Majestic, and Historic Trees. Prior to and during construction or land
development, all protected trees within thirty feet (30') of a public right-of-way,
public easement or buildable lot area, as included on the applicable approved and
filed record plat, shall be marked with three-inch (3") -wide red ribbon or tape.
-15-
b. Prior to construction or land development, the developer shall establish designated
parking areas for the parking and maintenance of all vehicles, trailers,
construction equipment and related items and designated stockpile areas for the
storage of construction supplies and materials during construction of the
subdivision. The location and dimensions of said designated areas shall be clearly
identified on both subdivision construction and site plans. Said designated areas
shall be completely fenced with chain-link fencing and gates for safety proposes
and to separate Protected, Specimen, Majestic or Historic Trees from the
construction area and related construction activity. The designated parking and
stockpile areas may be combined into one fenced area, provided the preservation
of protected trees is not adversely affected or jeopardized. Supplies and pipe and
other items that are customarily unloaded where installed shall not be required to
be stored within the designated stockpile areas.
C. During construction, the developer shall prohibit the cleaning of equipment or
materials and/or the disposal of any waste material, including, but not limited to,
paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy or drip line of
any Protected, Specimen, Majestic or Historic Tree or group thereof.
d. No attachments or wires of any ]find, other than those of a protective nature, shall
be attached to any Protected, Specimen, Historic or Majestic Tree.
e. With major grade changes of six inches (6") or greater, a retaining wall or tree
well of rock, brick, or other approved materials shall be constructed around the
tree no closer than the drip line of the tree. The top of the retaining wall or tree
well shall be constructed at the new grade.
F. Unless otherwise approved by the Community Development Manager or the
Town Tree Board, no construction or construction -related activity shall occur
under the canopy or drip line of any Protected, Specimen, Majestic or Historic
Tree or group thereof. Furthermore, if a foundation, street or alley pavement,
utility line, on-site sewerage facility, pool, tennis court, patio, sidewalk, drive or
parking lot must be constructed within the drip line of a protected tree, it shall be
constructed no closer than five feet (5') from the trunk of such protected tree
provided further that the portion of any driveway or parking lot constructed within
the drip line of any Protected, Specimen, Majestic or Historic Tree or group
thereof shall be constructed of pave -stone or other permeable materials.
g. Any trees removed during land development, construction, or construction -related
activities shall be chipped or hauled off-site. Burning of removed trees is
prohibited.
SECTION 8.10 TREE PERMITS
16-
1. Tree Replantine Permit: Tree replanting permits shall be subject to the following
procedures.
a. Application for Tree Replanting Permit: An application for a Tree Replanting
Permit may be submitted at any time and need not be submitted in conjunction
with a development plan or record plat or a building permit. Tree Replanting
Permits must be obtained by making application to the Town's Community
Development Department on forms prescribed by the Town. No fee shall be
charged to make application for a Tree Replanting Permit. The application shall
also be accompanied by a written document indicating the reasons for replanting
of the protected tree or trees and two (2) copies of a legible site or plot plan,
drawn to the largest practicable scale, indicating the following minimum
information:
1) The existing location, caliper width, height, and common name of all
protected trees proposed to be replanted and the proposed location or locations
for such replanting of such trees.
2) The location of all existing or proposed structures, improvements, easements,
and site uses, properly dimensioned and referenced to property lines, setback
and yard requirements, and special relationships.
3) The information required herein may be summarized in legend form on the
site or plot plan.
b. Review of Application for Tree Replanting Permit: Upon receipt of a proper
application for a Tree Replanting Permit, the Community Development Manager
or authorized designee shall review the application and may conduct field
inspections of the site or development and/or refer the permit application to other
departments for review and recommendations as deemed necessary and
appropriate. The application for a Tree Replanting Permit shall be approved
unless the Town's Community Development Manager or authorized designee
determines that the proposed replanting will unnecessarily damage or jeopardize
the health of the tree or trees proposed to be replanted. Such determination lies
within the sole discretion of the Community Development Manager. A denial of
an Application for Tree Replanting Permit by the Community Development
Manager or authorized designee may be appealed to the Tree Board. The decision
of the Tree Board may be appealed to the Town Council as provided in Section
(b)(3) of Section 1.9 of this Ordinance, the decision of which relative to such
permit application is final.
2. Tree Removal Permit: Tree Removal Permits shall be subject to the following
procedures:
-17-
a. Application for Tree Removal Permit_ Tree Removal Permits for the removal of
Protected, Specimen, Majestic and Historic Trees in conjunction with the
development, subdivision and/or re -subdivision of real property must be obtained
by malting application to the Town's Community Development Manager or
authorized designee on forms prescribed by the Town. The application shall
accompany the site plan or plat of the development and shall include a written
document indicating the reasons for removal of the protected tree or trees. The
application must be completed and signed by a registered arborist or landscape
architect and must include two (2) copies of a legible tree survey, drawn to the
largest practicable scale, indicating the following:
1) The location, caliper width, height, and common name of all single -trunk
trees of six inches (6") caliper width or greater, measured at one foot (1')
above natural grade level, and at least twelve feet (12') high; and all multi -
trunk trees having a total caliper width of eight inches (8"), measured by
combining the caliper width of the largest stem or branch with one-half (1/2)
the caliper width of each additional stem or branch, all measured at one foot
(1') above natural grade level, and at least twelve feet (12') high.
2) The location of both the trunk and drip line, caliper width, height, estimated
age (not to be determined using invasive measures which might damage the
tree), a reproducible color photograph, and common name of all Protected,
Specimen, Majestic, and Historic Trees proposed to be removed.
3) Provide existing natural grade elevation and proposed final grade elevation
at each location for which for each protected tree for which a Tree Removal
Permit is requested.
4) The location and dimensions of all existing or proposed public streets,
alleys, rights-of-way, utility easements, drainage easements, fence
easements, pedestrian access easements or other public rights-of-way or
easements.
5) The location of all existing or proposed property lines, lot lines, building
lines, setback and yard requirements, any proposed building footprint or
floor plan, and other special relationships or significant features of the
proposed development plan, record plat or site plan of the development.
6) Existing and proposed site elevations, grades and major contours: including
a chart listing all Protected, Specimen, Majestic, and Historic Trees, their
respective locations, and indicating where grades around protected trees will
be changed by six inches (6") or more.
is-
7) The information required herein shall be summarized in legend form on the
tree survey and shall include the reason for the proposed removal of the
protected tree or trees.
8) Each tree shall be identified by numerical reference on the Tree Survey.
9) Each tree shall be affixed with a permanent tag bearing the corresponding
number as depicted on the Tree Survey. The tag shall be permanently
attached at a height not less than five feet (5') nor more than six feet (6')
above existing grade on the south face of the tree.
10) The survey shall bear the stamp or seal of a registered surveyor relative to
the location of any trees and shall bear the stamp or seal of a registered
landscape architect, or registered arborist relative to the specie(s) of any
trees.
11) A sign shall be placed on each separate lot or tract for which a Tree
Removal Permit is requested to inform the general public that an application
for a Tree Removal Permit(s) has been filed relative to a Protected,
Specimen, Majestic, or Historic Tree. The sign must meet the following
criteria:
a) The size of the sign(s) shall be three feet (3') by four feet (4') and be
made out of aluminum or corrugated plastic material;
b) The sign(s) shall be mounted on stakes/poles;
c) The sign(s) shall be visible from the street;
d) There shall be one (1) sign for each street frontage; and
e) The sign(s) shall have a white background, with letters and borders
being green in color. The sign(s) shall state the following:
TOWN OF TROPHY CLUB, TX
A TREE REMOVAL PERMIT HAS BEEN
REQUESTED FOR THIS SITE
FOR INFORMATION, CALL 682.831.4680
b. Review of Application for Tree Removal Permit. An application for a Tree
Removal Permit shall be accompanied by the appropriate administrative fee as
designated on the schedule of fees adopted by the Town Council, including all
amendments thereto. Upon receipt of a proper application accompanied by the
appropriate fee, the Community Development Manager or authorized designee
-19-
shall review the application and may conduct field inspections of the development
and/or refer the permit application to other departments for review and
recommendations as deemed necessary and appropriate.
1) The application for a Tree Removal Permit, if required, shall be considered
an integral part of the application for site plan or plat approval, as
applicable, and no site plan or plat subject to the requirements of this
Ordinance shall be approved without the approval of a Tree Removal
Permit.
2) The Community Development Manager or authorized designee may
approve, approve with conditions or deny a request for a Tree Removal
Permit for Protected Trees. An appeal of the decision of the Community
Development Manager or designee may be made to the Tree Board.
3) The Tree Board's recommendation concerning an application for Tree
Removal Permit shall be reviewed by the Town Council. The Town Council
may then approve the application, approve it with conditions, or deny the
application; however, the Town Council may overturn the denial of an
application for Tree Removal Permit by the Tree Board only upon a finding
that the subject development, subdivision or re -subdivision cannot
reasonably be developed, based on economic and/or practical considerations,
without removal of the tree or trees included in the permit application.
4) Approval for a Tree Removal Permit authorizing the removal of a Historic
or Majestic Tree shall require a three-fourths (3/4) majority vote of the Tree
Board and the Town Council, respectively.
SECTION 8.11 LAND DISTURBING ACTIVITIES
Approval and Permit Required: No Person shall engage in any land disturbing activities,
including but not limited to the removal of trees, land clearing and/or grading or other
pre -construction preparatory activity without the required approvals and permits. All
such land disturbing activities shall be confined to the interior limits of the grading area
identified on an approved grading plan. A clearing and grading permit is required in the
Town.
2. Exceptions: It shall be an exception to the permit requirement of this Section that a
person is engaging in one or more of the following activities:
a. Land Disturbing Activities in emergency situations involving immediate danger to
life and property or substantial fire hazards;
b. Land Disturbing Activities of one (1) acre or less on a single lot, under one
ownership, for the purpose of construction, landscaping and/or associated
-20-
improvements for a single-family residence to be constructed as indicated on the
site plan submitted to the Director of Community Development with an approved
application for a building permit;
C. The removal of underbrush, dead trees or diseased or damaged trees which
constitute a hazard to life and property based upon a field inspection verification
by the Parks and Recreation Director;
d. Land Disturbing Activities practices or other land disturbing activities associated
with and necessary to conduct normal agricultural crop operations on a property,
excluding timber cutting.
3. Standards:
a. General Regulations:
1) Land Disturbing Activities operations and other land disturbing activities
shall not create or contribute to landslides, accelerated soil creep, and/or
settlement.
2) Land Disturbing Activities operations shall not create or contribute to
flooding, erosion, or increased siltation or other forms of pollution in a
watercourse.
3) Land Disturbing Activities and other land disturbing activities shall be
conducted so as to expose the smallest practical area of soil to erosion for the
least possible time, consistent with anticipated build -out schedule
4) Debris shall be removed from cleared sites within six (6) months of the
operations completion date.
b. Cut and Fills:
5) Slopes greater than three (3) feet in height shall be no steeper than three (3)
horizontal to one (1) vertical foot, except where approved retaining walls are
engineered and installed and where trenches are refilled with material from the
excavation.
6) All topsoil removed during ground surface preparation shall be stockpiled on
the site and stabilized within fourteen (14) days.
7) When the owner of any parcel raises lowers, or alters the level or existing
grade of a site by fill or excavation, he or she shall, at their expense, take all
steps necessary to ensure compliance with the following:
-21-
a) Take or cause to be taken all actions necessary to protect all adjoining
property from encroachment by such fill or excavation, or danger of
collapse due to such excavation either by tire erection of an engineered
retaining wall or by sloping the sides of such fill or excavation either
within the confines of the site; and
b) When engaging in land disturbing activities, including but not limited to,
cut and fill, such person shall not alter or otherwise compromise the intent
or use of existing drainage and utility easements as originally designed and
approved by the Town.
c. Establishing Ground Cover: A temporary ground cover shall be established on all
graded or disturbed areas not intended to be developed within thirty (30) days of
completion of Land Disturbing Activity.
3. Gradine Plan Evaluation Criteria: When evaluating a Plan, the Director shall review the
Plan for compliance with the following criteria:
a. Appropriate footprint sizes are identified on the grading Plan and developments
are designed in accordance with the natural terrain and drainage of the site.
Erosion prevention and control measures are used, including protection of natural
swales and drainage areas. Severely eroded areas are stabilized.
b. Mass cutting, filling and benching or terracing of existing slopes to create
additional or larger building sites are prohibited; therefore, the Plan shall not
include or propose any such activity. The Plan provides for the use of alternative
treatments, including but not limited to building the structure with slopes of the
natural terrain, the use of internal or external building retaining walls, and the use
of low retaining walls on the site to reduce site grading. Mass site grading is
prohibited.
C. The Plan includes all information necessary for the Director of Community
Development to determine that the project will result in the reasonable
preservation of trees under the standards set forth in Section 8.5 of this Ordinance
and the requirements of this Section.
d. The area for which land disturbing activity is proposed is limited by design to the
area of construction, and the site is left in its natural state otherwise during the
course of construction.
e. The Plan shall include all information necessary for the Director of Community
Development to determine that it provides for the reasonable preservation of trees
and understory, and that the following criteria has been met regarding the
selection of trees to be preserved or removed. When malting such determination,
-22-
the Director shall consider all relevant factors, including but not limited to the
following:
1) Proximity of the trees critical root zone or drip line to proposed grading
activity.
2) That all necessary and appropriate permanent tree protection methods are
employed to protect the preserved tree from damage where the tree's critical
root zone may be impacted.
3) Other remedial or protective measures have been employed, including site
design that improves the chances for tree survival.
4) Temporary tree protection methods are adequately employed.
5) Construction methods for utility service to the site are used that allow
protection and preservation of additional trees, such as, tunneling under the
critical root zone, tree walls, or tree wells.
6) Utility trenching activities are indicated on the plan.
SECTION 3.
CUMULATIVE
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the
provisions of such Ordinances except for those instances where there are direct conflicts with the
provisions of this Ordinance; provided, however, that Ordinance No. 2002-40 P&Z is hereby
repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that
-ire inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent
with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to Ordinance No. 2002-40 P&Z on the date of
adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance
and for that purpose the Ordinance shall remain in full force and effect.
SECTION 4.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas are expressly saved as to any
and all violations of the provisions of any other Ordinance affecting land disturbing activities, the
preservation of trees, and the regulation of the subdivision of land which have secured at the time
of the effective date of this Ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such Ordinances same
shall not be affected by this Ordinance but may be prosecuted until final disposition by the
courts.
SECTION 5.
23-
SEVERABILITY
The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are
severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
Ordinance, and the Town Council hereby declares that it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
24-
SECTION G.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction,
in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
SECTION S.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the Caption, Penalty, and Effective Date in the minutes of the Town
Council of the Town of Trophy Club and by filing this Ordinance in the ordinance records of the
Town.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by the T n Counci of the Town of Trophy Club, Texas,
this the 2°° day of May, 2005. % 1
ATTEST:
Town Secretary
Town of Trophy Club, Texas
25-
of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
IC -JaJu bJ
Town Attorney
Town of Trophy Club, Texas
-26-