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HomeMy WebLinkAboutOrdinance No. 06/39 Tree Ordinance ORDINANCE NO. OFi/~q AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY ADOPTING A NEW ARTICLE 12.400 PROVIDING FOR TREE PROTECTION; PROVIDING DEFINITIONS; PROVIDING TREE PLANTING AND REPLACEMENT REQUIREMENTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Code of Ordinances, City of University Park, Texas, is hereby amended by adding a new Article 12.400, to read as follows: "ARTICLE 12.400 TREE PRESERVATION Sec. 12.401 Purposes The terms and provisions of this section are intended to accomplish the following public purposes: A. Encourage site planning and landscape planning which furthers the preservation of trees and natural areas and to facilitate site design and construction, which contribute to the long term viability of existing trees; B. Preserve the natural ecological environmental and aesthetic qualities of the City. C. Protect and increase the value of residential and commercial properties within the City. Sec. 12.402 Definitions Administrative Official is the City of University Park administrative official or his designee. Buildable Area is that portion of a building site exclusive of the required yard areas on which a structure or building improvements may be erected and including ORDI2375.DOCORD 10298 the actual structure, driveway, parking lot, pool, deck, patio and other construction as shown on the site plan. Desi2nated Tree is a tree or tree trunk and root system that has a caliper at a point twelve inches (12") above the base of six inches (6") or greater, and that is listed in either Section 12.405 or 12.409. See 12.403 Applicability: The terms and provisions of this Article shall apply to all persons engaged in a construction project when demolition of the primary residence structure has been approved by the City of University Park. Sec. 12.404 Tree Maintenance or Planting Requirements: A person subject to this Article who is engaged in a construction project in the City shall insure that at the completion of construction and final inspection by the administrative official there are at least two (2) designated trees (see Sections 12.405 and 12.409) remaining on the real property, whether they are preexisting trees or newly planted trees. In the event a total of two (2) designated trees cannot be planted or retained on the real property, the owner has the following options: 1. The owner may plant one (1) designated tree on the real property and one (1) designated tree within the adjacent City parkway, with approval of the Administrative Official or hislher designee who shall determine if the parkway can accommodate the tree due to parkway size and existing tree locations; or, 2. The owner shall have the option of contributing funds to the City of University Park Reforestation and Landscape Fund in an amount equal to the balance of tree caliper inches necessary to satisfy the requirements of this Article. Contributions will be based on the then current market value of a six-inch caliper, container grown, nursery stock Live Oak tree. Sec. 12.405 Designated Trees A. The following are designated trees: Bur Oak Bald Cypress Cedar Elm Chinese Pistachio Chinquapin Oak Pond Cypress Redbud Ash American Elm Lace Bark Elm Magnolia Live Oak Pecan Red Oak Sweet Gum ORDI2375_DOCORD 10298 B. Restrictions: Replacement trees required by this Article shall be placed on the lot or parcel where the construction has occurred. They may not be planted in utility easements or rights-of-way, nor shall they be placed in an area such that the mature canopy of the tree will interfere with overhead utility lines. No trees shall be planted within ten feet (10') of a fire hydrant or within visibility sight triangles. C. Timing: Replacement trees shall be planted prior to the issuance of a certificate of occupancy or project release. Sec. 12.406 Tree Protection A major purpose of this Article is to protect all designated trees which are not removed and to allow approved construction to occur. The following procedures shall apply to all types of construction projects which involve development around designated trees. The following procedures are deemed appropriate in the situations noted; however, unique circumstances may allow modifications if deemed necessary by the administrative official. A. Prohibited Activities: The following activities shall be prohibited within the limits of the drip line of any designated tree that is subject to the requirements of this Article. 1. Material Storage: No materials intended for use in construction or waste materials accumulated due to excavation or demolition shall be placed within three feet (3') of the trunk of any designated tree. 2. Equipment Cleaning/liquid disposal: No equipment may be cleaned or other liquids deposited within the limits of the drip line of a designated tree. This includes, but is not limited to, paint, oil, solvents, asphalt, concrete, mortar or other materials. 3. Tree Attachments: No signs, wires or other attachments, other than those of a protective nature, shall be attached to any tree. 4. Vehicular Traffic: No vehicular and construction equipment traffic or parking is allowed within three feet (3') of the trunk of a designated tree. B. Pre-Construction: The procedures listed below shall be followed prior to construction: 1. Tree Protective Mulching: All designated trees shall have a minimum of four inches (4") of mulch placed from the base of the tree to the designated tree's drip line to reduce soil compaction. ORDI2375.DOCORD 10298 2. Construction Pruning: If a low hanging limb is broken during the course of construction, the remaining portion of the limb may be cut. The limb shall be cut either flush to the trunk on or at the next joint of the limb. The wound shall then be sealed with pruning paint. In no instance shall pruning involve a portion of the trunk or thirty percent (30%) of the entire canopy without the administrative official's prior approval. C. Improvements within the Critical Root Zone of a Tree: Design constraints often dictate that designated trees slated for preservation have some encroachment on their critical root zone. The following is the minimum design criteria allowed within the critical root zone of a designated tree. Development exceeding the criteria would put the designated tree at risk and therefore, it will no longer be considered a preserved designated tree. In such case, replacement trees shall also be required. 1. Grade Changes: In the event that grade changes must be made around a designated tree or group of designated trees, the following shall be implemented in order to maintain oxygen and water exchange within the designated tree's critical root zone: (a) A minimum of seventy-five percent (75%) of the critical root zone must be preserved at natural grade with natural ground cover or landscaping for the tree to be considered a preserved designated tree. (b) No cut or fill greater than two inches (2") shall be located closer to the tree trunk than one half (yz) ofthe radius ofthe critical root zone radius distance. (c) Decrease Grade: Provide retaining walls outside the drip line to mitigate cuts. 2. Boring of Utilities: The administrative official may permit boring under designated trees in certain circumstances. The minimum length of the bore shall be the width of the tree's canopy and shall be at a minimum depth oftwenty- four inches (24"). 3. Trenching: Irrigation systems shall be designed to avoid trenching across the critical root zone of any designated tree. Bore or air spade may be an acceptable alternative. 4. Paving: A maximum of twenty five percent (25%) of the critical root zone of a designated tree may be covered with impervious paving. The pavement and the cut and fill for the pavement is to not exceed one-half (yz) of the critical root zone radius distance. ORDI2375.DOCORD 10298 D. Other Requirements: 1. Tree protection fences shall be installed prior to the commencement of any site preparation work (clearing, grubbing or grading). 2. Fences shall be located at least three feet (3') from the base of the trunk of the designated tree to prevent: (a) Soil compaction in the critical root zone resulting from vehicular traffic or storage of equipment or materials. (b) Critical root zone disturbances due to grade changes greater than two inches (2") cut or fill, or boring which was not authorized by the administrative official. (c) Wounds, to the trunk, limbs or exposed roots by mechanical equipment. (d) Other activities detrimental to trees such as chemical storage, cement trunk cleaning, and fires. (e) Fence material shall consist of 4 foot high orange safety fence which is staked in a manner to support the fencing during the duration of construction. 3. All grading within critical root zones of designated trees shall be performed by hand or small equipment to minimize damage. 4. Trees most heavily impacted by construction activities should be watered deeply once a week during periods of hot and dry weather. Tree crowns should be sprayed with water periodically to reduce dust accumulation on the leaves. 5. Trenching for landscape irrigation shall be located as far from the existing tree drip line as possible and performed by hand or air spade. 6. Pruning to provide clearance for structures, vehicular traffic and equipment shall take place before construction begins. Sec. 12.407 Violations: A. Any person violating or failing to comply with any prOVISIon or requirement of this section shall be deemed guilty of a misdemeanor and, upon ORD12375.DOCORD 10298 conviction thereof, shall be fined III an amount not to exceed the maximum amount provided in this Article. B. A monetary civil penalty set by the master fee resolution, based on the diameter of the tree(s) removed or damaged, which shall be assessed and paid to the City of University Park. Sec. 12.408 list of trees mitigation. Non - Approved Tree Replacement Species: The following is a which will not be considered as replacement trees during tree Arizona Ash Hackberry Cottonwood Palms Mimosa Catalpa Ginkgo Bois D'Arc Willow Arborvitae Mulberry Chinaberry Sec. 12.409 Approved Tree List for Public Parkway Planting: The following designated tree species have been approved for parkway plantings. Other tree species will not be allowed to be planted in public right-of-way or on public property. Designated tree Common Name Bald Cypress Cedar Elm Chinese Pistachio Chinkapin Oak Muehlenbergi Green Ash Mexican White Oak Live Oak Red Oak Botanical/Scientific Name Taxodium Distichum Ulmus Crassifolia Pistachia Chinensis Quercus Fraxinus Pennsylvanica Quercus Mexiana Quercus Virginiana Quercus Shummardi Sec. 12.411 Tree Planting Guide 1. BEFORE DIGGING, please call 1- 800- DIG TESS at to identify the location of any underground utilities. ORDI2375,DOCQRD 10298 .,..:b< OOOOT prune leonina! Ie~r mbranoh 'l1ps Prune ~inant t~ Prune rubbing! Of' ct'0SlS ~\\l'$ Prune- M1TOW ctOtd'i a.ng~ and wa1er sp<liuts. 00 NOT m~ or 'WI3p trunk unle$$ neQeS$llI)' P1unebcukenb~ Remove 1Elg$ ii!It\d Ia:t:lEOIs .. Prurr1e SUCk.efS .. 2"-3" rmuldllo;et>tewayffom .~k CUil3W3yaUb~ ropes ~ Remove 1:Op of WiM b8~ /~ ~ :(/'~<>... ----~~~-"- Rernove OOl'ltalner and.cut clfc:Ing 1"iOO4$ if container-grown. .or <Vi rmLich LeaW. solid d ~.' tIlII-... do not bUdap as poAtile tt fl~n dig. ~ ltian ba1l. depth ~l tooon!tBin Wl3l1er ~ UNAMENOEDbad\1'i11 soil crtfL , Q If"' Partially bacld1tJ. wahlr to sewe :!ICli,lirlish bacl<.fflling A.fM for water (jrai~e (p\pe" .of tile oould be l'AS-taJlled) t Oiig hole 2>3 tImHroot b&fl width i 2. Dig a hole twice as wide as and slightly shallower than, the root ball. Roughen the sides and bottom of the hole with a pick or shovel so that roots can penetrate the soil. 3. With a potted tree, gently remove the tree from the container. Lay the tree on its side with the container end near the planting hole. Hit the bottom and sides of the container until the root ball is loosened. If roots are growing in a circular pattern around the root ball, slice through the roots on a couple of sides of the root ball. With trees wrapped in burlap, remove the string or wire that holds the burlap to the root crown. It is unnecessary to completely remove the burlap. Plastic wraps must be completely removed. Gently separate circling roots on the root ball. Shorten exceptionally long roots, and guide the shortened roots downward and outward. Root tips die quickly when exposed to light and air, so don't waste time. 4. Place the root ball in the hole. Leave the top of the root ball (where the roots end and the trunk begins) 1/2 inch to 1 inch above the surrounding soil, making sure not to cover it unless roots are exposed. For bare root plants, make a mound of soil in the middle of the hole and spread plant roots out evenly over ORDI2375.DOCORD 10298 mound. Do not set trees too deep. As you add soil to fill in around the tree, lightly tamp the soil to collapse air pockets, or add water to help settle the soil. Form a temporary water basin around the base of the tree to encourage water penetration, and water thoroughly after planting. A tree with a dry root ball cannot absorb water; if the root ball is extremely dry; allow water to trickle into the soil by placing the hose at the trunk of the tree. 5. Mulch around the tree. A 3-foot diameter circle of mulch 4" deep is common. 6. Depending on the size of the tree and the site conditions, staking may be beneficial. Staking supports the tree until the roots are welj established to properly anchor it. Staking should allow for some movement ,if the tree. After trees are established, remove all support wires. If these are not removed they can girdle the tree, cutting into the trunk and eventually killing the tree." SECTION 2. That all provisions of the Code of Ordinances of the City of University Park, Texas, in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance shall take effect from and after its passage and the publication of the caption or on January 2, 2007, whichever date is later, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, ORDI2375.DOCORD 10298 on the 19th day of December 2006. PPROVED AS TO FORM: CITY ATTORNE (RLD/120106) (69476/0RDI0298) ORD12375.DOCORD 10198 APPROVED: ~ ~ ;J1S,p tfj:,SHoHO(j SII MAYO? ATTEST: