Loading...
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NO. 2005-11 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2002-40 P&Z OF THE TOWN WHICH REPEALED ORDINANCE 2001-30 P&Z; AND ADOPTING A NEW ARTICLE 8 "TREE PRESERVATION AND REMOVAL", BY REVISING SUBSECTION 2, ENTITLED "APPLICABILITY" OF SECTION 8.3 "TREE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-