Agenda Packet Parks 04/12/2011Parks and Recreation Board
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom7:00 PMTuesday, April 12, 2011
Call To Order and announce a quorum.
Citizen Presentation
Citizens are allowed three (3) minutes to address the Board regarding an item over
which the Board has policy or oversight authority as provided by Texas law, the ethics
order, or other policy order.
REGULAR SESSION
1.2011-180-T Discuss and take appropriate action concerning the Board's assumption of
the Tree Board's duties.
Tree-Park Board duties_000.pdfAttachments:
2.2011-181-T Discuss and take appropriate action on the creation of a sub-committee that
would focus on specific areas outlined in the current Tree Preservation
Ordinance.
Tree_Preservation_Ordinance[1].pdfAttachments:
3.2011-207-T Update from Kathy Trotter on the Trails Sub-Committtee, the Trek and Toss
event and discussion of same.
4.2011-208-T Update from Dave Glaser on Trophy Club Park and discussion of same.
5.2011-209-T Staff udate and discussion of same on the following items:
a. Freedom Dog Park
b. Independence East
c. Easter Eggstravaganza
d. Arbor Day
e. Remaining PID and Bond projects
Adjourn
*THE BOARD MAY CONVENE INTO EXECUTIVE SESSION TO DISCUSS POSTED
ITEMS AS ALLOWED BY THE TEXAS OPEN MEETINGS ACT, TEXAS LOCAL
GOVERNMENT CODE 551.071.
Parks & Recreation Board 1 of 38 Tuesday, April 12, 2011
April 12, 2011Parks and Recreation Board Meeting Agenda
Notice is hereby given that a quorum of the Town Council may be in attendance at
this meeting.
CERTIFICATION
I certify that the above notice was posted on the front window of the Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, on April 9, 2011 by 6:30 P.M. in
accordance with Chapter 551, Texas Government Code.
Adam Adams
Parks and Recreation Director
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in
advance and reasonable accommodations will be made to assist you.
I certify that the attached notice and agenda of items to be considered by this Board
was removed by me from the front window of the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas, on the __________ day of
______________________, 2011.
________________________________, Title: ___________________________
Parks & Recreation Board 2 of 38 Tuesday, April 12, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-180-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/2/2011 Parks and Recreation Board
On agenda:Final action:4/12/2011
Title:Discuss and take appropriate action concerning the Board's assumption of the Tree Board's duties.
Attachments:Tree-Park Board duties_000.pdf
Action ByDate Action ResultVer.
Title
Discuss and take appropriate action concerning the Board's assumption of the Tree Board's duties.
Body
At their March 21, 2011 meeting, Town Council voted to disband the existing Tree Board and to assign
the duties outlined in the Tree Preservation Ordinance to the Parks & Recreation Board.
Parks & Recreation Board 3 of 38 Tuesday, April 12, 2011
Parks & Recreation Board 4 of 38 Tuesday, April 12, 2011
Parks & Recreation Board 5 of 38 Tuesday, April 12, 2011
Parks & Recreation Board 6 of 38 Tuesday, April 12, 2011
Parks & Recreation Board 7 of 38 Tuesday, April 12, 2011
Parks & Recreation Board 8 of 38 Tuesday, April 12, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-181-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/2/2011 Parks and Recreation Board
On agenda:Final action:4/12/2011
Title:Discuss and take appropriate action on the creation of a sub-committee that would focus on specific
areas outlined in the current Tree Preservation Ordinance.
Attachments:Tree_Preservation_Ordinance[1].pdf
Action ByDate Action ResultVer.
Title
Discuss and take appropriate action on the creation of a sub-committee that would focus on specific
areas outlined in the current Tree Preservation Ordinance.
Parks & Recreation Board 9 of 38 Tuesday, April 12, 2011
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2009-04
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ARTICLE VIII, ENTITLED “TREE PRESERVATION AND
REMOVAL”, OF CHAPTER 12 ENTITLED “SUBDIVISION RULES AND
REGULATIONS”, OF THE CODE OF ORDINANCES, IN ITS ENTIRETY
AND ADOPTING A NEW ARTICLE VIII, SECTIONS 8.01 THROUGH
AND INCLUDING SECTION 8.13 OF CHAPTER 12 OF THE CODE OF
ORDINANCES OF THE TOWN OF TROPHY CLUB TO ADD TWO
ADDITIONAL SEATS TO THE TREE BOARD, TO CHANGE THE
DEFINITION OF DIRECTOR FROM THE CURRENT DIRECTOR OF
COMMUNITY DEVELOPMENT TO REFER TO AND MEAN THE TOWN
MANAGER OR HIS DESIGNEE FOR THE TOWN AND MAKING
RELATED CHANGES; PROVIDING FOR INCORPORATION OF
PREMISES; PROVIDING FOR AMENDMENT; PROVIDING A SAVINGS
AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; 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 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 July 10, 2006 the Town adopted Ordinance No. 2006-20 P&Z,
which amended Section 8.03 of Article VIII, entitled “Tree Preservation and Removal” of
Chapter 12, of the Code of Ordinances; and
WHEREAS, on February 5, 2007, the Town adopted Ordinance No. 2007-02
enacting changes to Section 8.11 entitled “Land Disturbing Activities” of Article VIII of
the Code; 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 further clarify and amend the regulations governing tree preservation and
removal as contained in Chapter 12, Article VIII, Section 8.01 through and including
Section 8.13 of the Code of Ordinances and that amendment to those sections are
necessary in order to add additional seats to the Tree Board and to change current
references to the Director of Community Development which are set forth throughout
the Article to references to the Town Manager or his designee for the Town; and
Ordinance 2009-04
Parks & Recreation Board 10 of 38 Tuesday, April 12, 2011
WHEREAS, due to the number of changes required to be made throughout the
Ordinance in order to change references from Director of Community Development to
Town Manager or his designee, the Town Council finds that the repeal of the existing
Article VIII and the adoption of a new Article VIII as provided this Ordinance is
appropriate and is a valid exercise of governmental authority to promote the orderly
subdivision and development of land both within and outside of its corporate limits.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Article VIII entitled “Tree Preservation and Removal” of Chapter 12 of the Code
of Ordinances of the Town of Trophy Club, Texas, is hereby repealed, and a new Article
VIII entitled “Tree Preservation and Removal” of Chapter 12 of the Code of Ordinances
of the Town of Trophy Club, Texas, is hereby adopted so that Article VIII of Chapter 12
of the Code of Ordinances, Sections 8.01 through and including Section 8.13 reads in
its entirety as follows:
Article VIII
Tree Preservation and Removal
Section 8.01 Definitions
Buildable Area: 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, pool, and other construction as
shown on a site plan, excluding driveways and parking lots.
Canopy: Any high covering limbs and/or leaves hanging over or creating shelter under the tree’s foliage.
Crown: The top, upper, or highest portion of a tree, including the leaves and living branches.
Developed Property: Property that has been platted.
Developer: Any individual, partnership, firm, association, joint venture, organization, corporation, builder,
construction company or governmental entity.
Drip Line: The area directly under the canopy or shelter area created by the canopy.
Environmental Protection Agency “EPA”: The United States Environmental Protection Agency, or any
duly authorized official of such agency.
FHA: Federal Housing Administration
Ordinance 2009-04
Parks & Recreation Board 11 of 38 Tuesday, April 12, 2011
Historic Tree: A Historic Tree shall have the meaning assigned in Section 8.7 of this Article.
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: A Majestic Tree shall have the meaning assigned in Section 8.7 of this Article.
Original Construction: Initial construction.
Person: An individual, corporation, firm, partnership, association, company, joint venture, organization or
other legal entity, other than the Town, the Municipal Utility District 1 or the Municipal Utility District 2.
Planning and Zoning Commission: The Planning & Zoning Commission of the Town of Trophy Club, as
appointed by the Town Council.
Protected Tree: A Protected Tree shall have the meaning assigned in Section 8.5 of this Article.
Soil Creep: The slow, downslope movement of soil under the influence of gravity. Frost heave, thermal
expansion, and contraction of the surface.
Specimen Trees: A Specimen Tree shall have the meaning assigned in Section 8.6 of this Article.
Texas Commission on Environmental Quality (TCEQ): The Texas Commission on Environmental
Quality, or any duly authorized official of such agency.
Town: The Town of Trophy Club, Texas.
Town Manager: The Town Manager of Trophy Club or authorized designee.
Ordinance 2009-04
Parks & Recreation Board 12 of 38 Tuesday, April 12, 2011
Section 8.02 Tree Board
A. Creation and Establishment of a Town Tree Board: There is hereby created and established a
Town Tree Board for the Town, which shall consist of seven (7) regular members, each to be
appointed by a majority of the Town Council.
B. 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 (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, or elected to public office during his/her term of
office shall immediately forfeit his/her membership.
C. Resident of Town: Each member of the Tree Board shall be a resident of the Town at the time of
his/her appointment.
D. 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.
E. Meetings: All meetings of the Tree Board shall be open to the public. The Tree Board shall keep
minutes of its proceedings showing 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 Town Manager or his designee and shall be a
public record. The Town Manager or his designee 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.
F. Compensation: Members of the Board shall be volunteers and shall serve without compensation.
G. 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.
H. Duties and Responsibilities: It shall be the responsibility of the Tree Board to:
1. Determine cash value for a tree replacement;
2. Designate Protected, Specimen, Historical, and Majestic trees, as defined herein;
3. Develop and approve tree lists;
Ordinance 2009-04
Parks & Recreation Board 13 of 38 Tuesday, April 12, 2011
4. Inform and develop an informational tree pamphlet; and
5. Hear appeals.
6. Annually develop a written plan, in conjunction with the Town Manager or his designee 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. The Town Manager or his designee shall be charged with carrying out the
plan.
Ordinance 2009-04
Parks & Recreation Board 14 of 38 Tuesday, April 12, 2011
Section 8.03 Tree Preservation
A. Intent: The removal or replanting of any protected trees (specifically, Protected, Specimen, Majestic
or Historic Trees, as defined in this Chapter) requires a Tree Removal Permit or a Tree Replanting
Permit, as the case may be, in accordance with the terms and provisions hereof.
B. Applicability: The purpose of this Chapter 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 Chapter shall apply to all real property within the Town’s corporate
limits 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;
c. The yard areas of all developed property, excluding developed single-family and two-family
residential property. It is provided, however, that where a building lot or site is one acre or
larger in size, 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.
d. Exemptions:
i. The terms and provisions of this Chapter shall not apply to developed single- family and
two-family residential property.
ii. Local taxing authorities, constructing or improving public grounds and/or buildings, shall
be exempt from the requirements set forth in this Article.
The terms and provisions of this Chapter shall not apply to developed single-family and two-family
residential property.
C. 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, authorization for removal may be given by the
Town Manager or his designee 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 Chapter.
b. During the period of an emergency, such as a tornado, storm, flood or other act of God, the
requirements of this Chapter may be waived as deemed necessary by the Town Manager or
his designee.
Ordinance 2009-04
Parks & Recreation Board 15 of 38 Tuesday, April 12, 2011
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, except where such trees are on owner-occupied properties
developed for single-family or two-family use, removal of such trees shall be at the option of
the property owner/s.
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.
e. 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
wastewater 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.
f. The terms and provisions of this Chapter shall not apply to a lot of record, a deed for which
was recorded in the office of the County Clerk prior to the passage of this Chapter, 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 Chapter.
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.
Ordinance 2009-04
Parks & Recreation Board 16 of 38 Tuesday, April 12, 2011
Section 8.04 Information Assistance
A. In furtherance of the purpose and provisions hereof, the Town’s Tree Board shall develop and make
available to persons making 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.
B. The Town Manager or his 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.
C. A current 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 Town Manager or his 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.
Ordinance 2009-04
Parks & Recreation Board 17 of 38 Tuesday, April 12, 2011
Section 8.05 Protected Trees
A. Designation of Protected Trees: A “Protected Tree” shall be any existing living tree of a species or
type listed on the Town’s Protected Tree List and that has or possesses each of the following
characteristics or criteria:
1. 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 (½) 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
2. 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 pools, tennis courts and accessory buildings, excluding driveways and
parking lots and including sufficient adjacent area to allow for the normal operation of
construction equipment.
B. 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 construction plans as necessary to be removed to comply with EPA
or TCEQ stormwater permitting requirements or FHA lot grading plans.
C. Approved Tree List
1. General: The tree species lists contained herein have been developed and will be periodically
updated by the Town’s Tree Board (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 Chapter. 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,
and to various landscape conditions, resistance to drought, aesthetic qualities, shade
provision, windbreak provision, and screening qualities.
2. Protected Tree List: Only those tree species found on the following list shall be subject to the
preservation, protection and replanting requirements of this Chapter
Protected Tree List
American Elm (Ulmus Americana)
Ordinance 2009-04
Parks & Recreation Board 18 of 38 Tuesday, April 12, 2011
Austrian Pine (Pinus nigra, Pinus nigra caramanica,
Pinus nigra nigra)
Bald Cypress (Taxodium Distichum)
Black Walnut (Juglans Nigra)
Blackjack Oak (Quercus Marilandica)
Bur Oak (Quercus Macrocarpa)
Carolina Buckthorn (Rhamnus Caroliniana)
Cedar Elm (Ulmus crassifolia)
Chinese Pistache (Pistachia Chinensis)
Chinkapin Oak (Quercus Muehlenbergii)
Chittamwood (Bumelia Languinosa)
Common Persimmon Diospyros Virginiana)
Eldarica Pine (Pinus eldarica)
Escarpment Live Oak (Quercus Fusiformis)
Japanese Black Pine (Pinus thunbergii)
Lacebark Elm (Ulmus Parvifolia)
Magnolia (Magnolia Grandiflora)
Mexican Plum (Prunus Mexicana)
Pecans And Hickories (Carya Species)
Possum Ha (Ilex Decidua)
Post Oak (Quercus Stellata)
Redbuds (Cercis Species)
Sawtooth Oak (Quercus Acutissima)
Shumard Oak (Quercus Shumardi)
Slippery Elm (Ulmus rubra)
Southern Live Oak (Quercus Virginiana)
Sweet Gum (Liquidambar styraciflua)
Texas buckeye (Aesculus glabra V. arguta)
Texas Red Oak (Quercus Texana)
Water Oak (Quercus Nigra)
Western Soapberry (Sapindus Drummondii)
Winged Elm (Ulmus alata)
Yaupon Holly (Ilex Vomitoria)
3. 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
without first obtaining a Tree Replanting Permit.
4. 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.
5. 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 without first obtaining a Tree Replanting Permit, shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall be punished as provided in Section 808,
subsection E below.
Ordinance 2009-04
Parks & Recreation Board 19 of 38 Tuesday, April 12, 2011
Section 8.06 Specimen Trees
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 Parks Department. 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 Town Manager
or his designee and made available to the public upon request. In addition to the provisions of this
subsection, a Specimen Tree shall be any other tree that has been designated by the Town Council, upon
recommendation by the Tree Board, after public hearing and due notice to the owner of the tree, to be of
high value because of its type, size, age or other relevant criteria. Notwithstanding the foregoing, the trees
listed below shall be considered Specimen Trees in accordance with the following schedule:
Type of Tree Percent of Big Tree Registry
Any tree not listed on
the Protected Tree List
in Section (1.4) herein
75%
Ordinance 2009-04
Parks & Recreation Board 20 of 38 Tuesday, April 12, 2011
Section 8.07 Majestic or Historic Trees
A. Designation of Majestic or Historic Trees: Majestic or Historic trees shall be designated according to
the following provisions:
1. 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 Parks Department. A listing and map of all
designated Majestic Trees shall be maintained and updated by the Town Manager or his
designee and made available to the public upon request. In addition to the provisions of this
subsection, a Specimen Tree shall be any other tree that has been designated by the Town
Council, upon recommendation by the Tree Board, after public hearing and due notice to the
owner of the tree, to be of high value because of its type, size, age or other relevant criteria.
2. 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 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 Town Manager or his designee and made available to
the public upon request.
Ordinance 2009-04
Parks & Recreation Board 21 of 38 Tuesday, April 12, 2011
Section 8.08 Tree Removal and Replacement
A. 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 without first obtaining a Tree Removal Permit, as provided in Section
8.10, Tree Permits, unless otherwise exempted by the terms of this Chapter.
B. Permit Required: Protected, Specimen, Historic or Majestic Trees shall not be removed prior to the
issuance of a Tree Removal Permit, as provided in Section 8.10. Under no circumstances shall the
clear-cutting of Protected, Specimen, Historic or Majestic Trees on any real property within the Town
be allowed prior to the issuance of a Tree Removal Permit for such property.
C. Replacement Trees Required: It shall be the responsibility of any person obtaining a Tree Removal
Permit to provide replacement tree(s) according to the following criteria:
1. Protected Trees:
Replace with tree(s) having a total caliper width equivalent to one and one-half (1½) times that
of the trees to be removed.
2. Specimen Trees:
Replace with tree(s) having a total caliper width equivalent to two (2) times that of the trees to
be removed.
3. Historic or Majestic Trees:
Replace with tree(s) having a total caliper width equivalent to two and one-half (2½) times that
of the trees to be removed.
a. “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 (2½” 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’).
Ordinance 2009-04
Parks & Recreation Board 22 of 38 Tuesday, April 12, 2011
c. At the discretion of the Town Manager or his designee. monetary compensation may be
paid to the Town instead of providing the replacement trees as required by this Chapter.
Any such payments shall be deposited in a special account or fund and used by the
Town to provide and/or support supplemental landscape plantings in public areas of the
Town 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 Town
Manager or his designee shall maintain a record of the current per-caliper-inch cash
value of replacement trees.
D. Acts Specifically Prohibited: The following acts are prohibited:
1. It shall be unlawful for a person to violate any provision of this Chapter.
2. It shall be unlawful for any person to remove or cause to be removed from real property subject
to this Chapter a Protected, Specimen, Historic or Majestic tree without first obtaining a Tree
Removal Permit.
3. It shall also be unlawful for a person to cause or to allow to cause a tree to be injured as a
result of a failure to follow and / or require the use of tree protection measures specified herein
such that the tree dies or may reasonably be expected to die.
E. Replacement Required Upon Conviction of Offense: If a person fails to obtain a Tree Removal
Permit as required by this Chapter, 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:
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 (2½” 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’).
F. 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 Chapter.
Approved Tree Planting & Replacement List
Common Name Scientific Name
American Elm (Ulmus Americana)
Lacebark Elm (Ulmus Parvifolia)
Winged Elm (Ulmus Alata)
Southern Live Oak (Quercű Virginiana)
Escarpment Live Oak (Quercus Fusiformis)
Sawtooth Oak (Quercus acutissima)
Shumard Oak (Quercus Shumardi)
Chinkapin Oak (Quercus Muehlenbergii)
Ordinance 2009-04
Parks & Recreation Board 23 of 38 Tuesday, April 12, 2011
Bur Oak (Quercus Macrocarpa)
Texas Red Oak Quercus Texana)
Water Oak (Quercus Nigra)
Bald Cypress (Taxodium Distichum)
Pecans And Hickories (Carya Species)
Chinese Pistache (Pistachia Chinensis)
Black Walnut (Juglans nigra)
Austrian Pine (Pinus Nigra, Pinus Nigra Caramanica, Pinus Nigra
Nigra)
Eldarica Pine (Pinus Eldarica)
Japanese Black Pine (Pinus Thunbergii)
Leyland Cypress (Cupressociyparis Leylandi)
Magnolia (Magnolia Grandiflora)
Eastern Red Cedar (Juniperus Virginiana)
Sweet Gum (Liquidambar Styraciflua)
Western Soapberry (Sapindus Drummondii)
G. 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.
Approved Median and ROW Tree Planting List
Common Name Scientific Name
Aristocrat Pear (Pyrus)
Austrian Pine (Pinus Nigra, Pinus Nigra Caramanica, Pinus Nigra
Nigra)
Bald Cypress (Taxodium Distichum)
Black Walnut (Juglans Nigra)
Burford Holly llex Cornuta Burfordii
Bur Oak (Quercus Macrocarpa)
Carolina Buckthorn (Rhamnus Caroliniana)
Chinese Pistache (Pistachia Chinensis)
Chinkapin Oak (Quercus Muehlenbergii)
Crepe Myrtle (Lagerstroemia Indica)
Eldarica Pine (Pinus Eldarica)
Escarpment Live Oak (Quercus Fusiformis)
Fruitless Crabapples (Maluś Species)
Hickories (Carya Species)
Japanese Black Pine (Pinus Thunbergii)
Lacebark Elm (Ulmus Parvifolia)
Magnolia (Magnolia Grandiflora)
Native Pecan (Carya Species)
Nelly R Stevens llex Nelly R Stevens
Plum (Prunus Species)
Possum Haw (Ilex Decidu)
Redbuds/Whitebuds (Cercis Species)
Sawtooth Oak (Quercus Acutissima)
Shumard Oak (Quercus Shumardi)
Ordinance 2009-04
Parks & Recreation Board 24 of 38 Tuesday, April 12, 2011
Slippery Elm (Ulmus Rubra)
Southern Live Oak (Quercus Virginiana)
Sweet Gum (Liquidambar Styraciflua)
Texas Buckeye (Aesculus glabra variety arguta)
Texas Red Oak (Quercus Texana)
Thornless Honey Locust (Gleditsia Triacanthos Variety Inermis)
Wax Myrtle (Myrica Cerifera)
Western Soapberry (Sapindus Drummondii)
Winged Elm (Ulmus Alata)
Yaupon Holly (Ilex Vomitoria)
H. 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.
I. Utilities: No trees other than small species may be planted under or within ten (10) lateral feet of any
overhead utility wire, or over or within five (5) lateral feet of any underground water line, sewer line,
transmission line or other utility.
J. 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.
K. 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 Town Manager or his designee, 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 Chapter.
L. 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.
Ordinance 2009-04
Parks & Recreation Board 25 of 38 Tuesday, April 12, 2011
Section 8.09 Tree Protection Measures
A. Prior to any construction or any 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.
B. Prior to any construction or any 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 purposes 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 kind, 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 Town Manager or his designee 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 pavestone or other permeable materials as approved by the
Town Manager or his designee.
G. Any permitted trees removed during land development, construction, or construction-related activities
shall be chipped or hauled off-site. Burning of removed trees is prohibited.
Ordinance 2009-04
Parks & Recreation Board 26 of 38 Tuesday, April 12, 2011
Section 8.10 Tree Permits
A. Tree Replanting Permit: Tree replanting permits shall be subject to the following procedures.
1. 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,
record plat or building permit. Tree Replanting Permits must be obtained by making application
to the Town’s Parks 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) legible copies of a site or plot plan, drawn to the largest practicable scale, indicating the
following minimum information:
a. 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.
b. 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.
c. The information required herein may be summarized in legend form on the site or plot
plan.
2. Review of Application for Tree Replanting Permit: Upon receipt of a proper application for a
Tree Replanting Permit, the Town Manager or his 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 Manager or
his 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 Town Manager or his designee. A denial of an Application for Tree
Replanting Permit by the Town Manager or his 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 Chapter, the decision of such permit application is final.
B. Tree Removal Permit: Tree Removal Permits shall be subject to the following procedures:
1. 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 shall be obtained by making application to the Town Manager
or his 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:
a. 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 (½) 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.
Ordinance 2009-04
Parks & Recreation Board 27 of 38 Tuesday, April 12, 2011
b. 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.
c. 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.
d. 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.
e. 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.
f. 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.
g. 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.
h. Each tree shall be identified by numerical reference on the Tree Survey.
i. 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.
j. 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.
k. 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:
i. 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;
ii. The sign(s) shall be mounted on stakes/poles;
iii. The sign(s) shall be visible from the street;
iv. There shall be one (1) sign for each street frontage; and
v. The sign(s) shall have a white background, with letters and borders being green in
color. The sign(s) shall state the following:
Ordinance 2009-04
Parks & Recreation Board 28 of 38 Tuesday, April 12, 2011
TOWN OF TROPHY CLUB, TX
A TREE REMOVAL PERMIT HAS BEEN
REQUESTED FOR THIS SITE
FOR INFORMATION, CALL 682.831.4680
2. 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 Town Manager or his designee 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.
a. 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 Chapter shall be approved without the approval of a
Tree Removal Permit.
b. The Town Manager or his 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
Town Manager or his designee may be made to the Tree Board.
c. 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.
d. Approval for a Tree Removal Permit authorizing the removal of a Historic or Majestic Tree
shall require a three-fourths (¾) majority vote of the Tree Board and the Town Council,
respectively.
Ordinance 2009-04
Parks & Recreation Board 29 of 38 Tuesday, April 12, 2011
Section 8.11 Land-Disturbing Activities
A. 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 prior to any land-disturbing activity.
B. Exceptions: It shall be an exception to the permit requirement of this Section when a Person is
engaging in one or more of the following activities:
1. Land-Disturbing Activities in an emergency situation involving immediate danger to life and
property or substantial fire hazard;
2. Land-Disturbing Activities of one (1) acre or less on a single lot, under one (1) ownership, for
the purpose of construction, landscaping and/or associated improvements for a single-family
residence to be constructed as indicated on the site plan submitted to the Town Manager or his
designee with an approved application for a building permit;
3. 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 Town Manager or
his designee;
4. Land-Disturbing Activities or other practices associated with and necessary to conduct normal
agricultural crop operations on a property, excluding timber cutting.
C. Standards
1. General Requirements - Following the approval of a Preliminary Plat by the Planning & Zoning
Commission and the Town Council, and the issuance of a tree removal permit by the Permitting
Department, land disturbing activities are permitted subject to the following criteria:
a. The applicant shall provide the Town written acknowledgement that all grading completed
prior to the approval of a Final Plat is at the risk of the developer/applicant and is subject
to change based on the approval of the Final Plat by the Planning and Zoning
Commission and Town Council and the release of the construction plans.
b. All work must be in conformance with the approved tree removal permit, tree protections
plan and tree mitigation plan.
c. All erosion control and tree protection devices must be in place prior to the
commencement of land disturbing activities, and shall be properly maintained at all times.
d. The placement of fill shall be in strict conformance to the plans and specifications
provided for the project.
e. The Town Engineer has reviewed the construction plans including drainage and released
them for grading only.
f. No construction activity of any kind shall take place in the 100 year floodplain without an
approved Conditional Letter of Map Revision (CLOMAR).”
Ordinance 2009-04
Parks & Recreation Board 30 of 38 Tuesday, April 12, 2011
g. Land-Disturbing Activities and other operations shall not create or contribute to landslides,
accelerated soil creep, and/or settlement.
h. Land-Disturbing Activities and other operations shall not create or contribute to flooding,
erosion, or increased siltation or other forms of pollution in a watercourse.
i. Land-Disturbing Activities and other operations 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
j. Debris, including but not limited to, tree limbs, construction material and other non-
earthen material shall be removed from cleared sites as it is created and shall not be
stock piled on the site.
k. All applicable fees shall be paid.
Realign next section ->
2. Cut and Fills
a. Slopes greater than three feet (3’) in height shall be no steeper than two (2) 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 or as approved by the
Town to meet other community or environmental objectives.
b. All topsoil removed during ground surface preparation shall be stockpiled on the site and
stabilized within fourteen (14) days.
c. 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:
i. 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 the erection of an engineered retaining wall or by sloping the
sides of such fill or excavation either within the confines of the site; and,
ii. 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.
iii. Establishing Ground Cover: A temporary ground cover shall be established on all
graded or disturbed areas not intended to be developed within fourteen (14) days of
completion of any Land-Disturbing Activity.
D. Grading Plan Evaluation Criteria: When evaluating a Grading Plan, the Town Manager or his
designee shall review the Grading Plan for compliance with the following criteria:
1. 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 utilized, including protection of natural swales and drainage areas. Severely
eroded areas are stabilized.
Ordinance 2009-04
Parks & Recreation Board 31 of 38 Tuesday, April 12, 2011
2. Mass cutting, filling and benching or terracing of existing slopes to create additional or larger
building sites are prohibited; therefore, the Grading Plan shall not include or propose any such
activity. The Grading 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.
3. The Grading Plan includes all information necessary for the Town Manager or his designee to
determine that the project will result in the reasonable preservation of trees under the
standards set forth in Section 8.5 of this Chapter and the requirements of this Section.
4. 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.
5. The Grading Plan shall include all information necessary for the Town Manager or his
designee 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 making such determination, the Town Manager or his designee shall consider
all relevant factors, including but not limited to the following:
i. Proximity of the tree’s or trees’ critical root zone or drip line to proposed grading activity.
ii. 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.
iii. Other remedial or protective measures have been employed, including site design which
improves the chances for tree survival.
iv. Temporary tree protection methods are adequately employed.
v. 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 zones, tree
walls, or tree wells.
vi. Utility trenching activities are indicated on the plan.”
Ordinance 2009-04
Parks & Recreation Board 32 of 38 Tuesday, April 12, 2011
Section 8.12 Appeals
Any person or entity affected by an action or determination taken under this Article may appeal such
action by filing a written notice of appeal to the Town Manager within ten (10) days of his/her receipt
of Town’s action or determination. Upon receipt of such appeal, the Town Manager shall forward the
appeal to the Tree Board for consideration and recommendation to Town Council. The Tree Board
shall hear appeals within thirty (30) days of receipt of the notice of appeal by the Town Manager.
The person requesting relief shall have the burden of demonstrating that good cause exists for the
Tree Board to recommend that the action or determination of the Town be reversed or amended.
The Tree Board shall forward its recommendation to the Town Council for final decision. The Town
Council shall be the final authority for making a good cause determination under this Section and
shall make such determination within thirty (30) days after the Tree Board has made its
recommendation. Economic hardship alone is not sufficient to support a finding that good cause
exists.
Section 8.13 Penalty
It shall be unlawful for any person to violate any provision of this Chapter, and any person violating or
failing to comply with any provision of this Chapter shall be fined, upon conviction, not less than One
Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town
affecting the applicability of tree preservation and shall not repeal any of the provisions
of such ordinances except in those instances where provisions of those ordinances are
in direct conflict with the provisions of this Ordinance; whether such ordinances are
codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy
Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall
remain in full force and effect. Notwithstanding the foregoing, any complaint, action,
cause of action or claim which prior to the effective date of this Ordinance has been
initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to
be governed by the provisions of that Ordinance and for that purpose the Ordinance
shall be deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase 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 the Ordinance, and the Town Council hereby
declares it would have passed such remaining of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
Ordinance 2009-04
Parks & Recreation Board 33 of 38 Tuesday, April 12, 2011
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance in accordance with the Town Charter.
SECTION 6.
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 of this Ordinance shall be fined,
upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars
($2,000.00), and a separate offense shall be deemed committed upon 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 8.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with
law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this the 16th day of February, 2009.
_______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_________________________________________
Town Secretary
Town of Trophy Club, Texas
Ordinance 2009-04
Parks & Recreation Board 34 of 38 Tuesday, April 12, 2011
Ordinance 2009-04
[SEAL]
APPROVED AS TO FORM:
_________________________________________
Town Attorney
Town of Trophy Club, Texas
Parks & Recreation Board 35 of 38 Tuesday, April 12, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-207-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/9/2011 Parks and Recreation Board
On agenda:Final action:4/12/2011
Title:Update from Kathy Trotter on the Trails Sub-Committtee, the Trek and Toss event and discussion of
same.
Attachments:
Action ByDate Action ResultVer.
Title
Update from Kathy Trotter on the Trails Sub-Committtee, the Trek and Toss event and discussion of
same.
Parks & Recreation Board 36 of 38 Tuesday, April 12, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-208-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/9/2011 Parks and Recreation Board
On agenda:Final action:4/12/2011
Title:Update from Dave Glaser on Trophy Club Park and discussion of same.
Attachments:
Action ByDate Action ResultVer.
Title
Update from Dave Glaser on Trophy Club Park and discussion of same.
Parks & Recreation Board 37 of 38 Tuesday, April 12, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-209-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/9/2011 Parks and Recreation Board
On agenda:Final action:
Title:Staff udate and discussion of same on the following items:
a. Freedom Dog Park
b. Independence East
c. Easter Eggstravaganza
d. Arbor Day
e. Remaining PID and Bond projects
Attachments:
Action ByDate Action ResultVer.
Title
Staff udate and discussion of same on the following items:
a. Freedom Dog Park
b. Independence East
c. Easter Eggstravaganza
d. Arbor Day
e. Remaining PID and Bond projects
Parks & Recreation Board 38 of 38 Tuesday, April 12, 2011