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
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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
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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.
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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.
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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
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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
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~l tooon!tBin Wl3l1er
~ UNAMENOEDbad\1'i11 soil
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, Q If"' Partially bacld1tJ. wahlr to
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Oiig hole 2>3 tImHroot b&fl width
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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,
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on the 19th day of December 2006.
PPROVED AS TO FORM:
CITY ATTORNE
(RLD/120106) (69476/0RDI0298)
ORD12375.DOCORD 10198
APPROVED: ~
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