1. A Tree Removal Permit is required for the removal of any tree not exempted in B above.
2. An Applicant for a Tree Removal Permit shall be submitted with any Site Plan Application that proposes the removal of any trees.
3. For new development or redevelopment, the Application shall contain a Tree Preservation Plan showing the following:

a. Existing/proposed topography.
b. Location of property lines, easement, rights of ways, setbacks, parking areas, and sidewalks.
c. Location, species, size (in caliper inches), and Critical Root Zone of each Protected Tree, Signature Tree, and Heritage Tree, except those trees exempted by B.4 above.
d. A tree inventory that summarizes the following:

i. Total number of Caliper inches on the site.
ii. Total number of Caliper inches to be removed.
iii. Total number of Caliper inches to be preserved.
iv. Location of any proposed tree mitigation.
v. Any proposed tree preservation credits.
vi. A summary of the tree protection methods to be utilized.

e. For removal of Protected, Signature, and Heritage trees not associated with development located on private or public property, a tree removal permit must be requested in writing to the Director of Planning on an approved form that includes the type of tree to be removed, the tree size, the reason for the removal, and any proposed mitigation actions.
f. The city will determine whether the permit application is complete and notify the applicant of that determination no later than 10 days after the date the city receives the permit application.
 

Removal of a Protected Tree, Signature Tree, or Heritage Tree without a Tree Removal Permit. Any Protected Tree, Signature Tree, or Heritage Tree that is damaged or removed without a Tree Removal Permit, including those damaged during construction or within two (2) years following issuance of a Certificate of Occupancy, shall be subject to the following penalties:

1. Fine equivalent to three (3) times the cost of replacement trees, including installation or planting cost, and
2. Mitigation of the removed tree(s) in accordance with D. Tree Mitigation, and
3. Indefinite conservation of the area in which the tree was located and the tree's Critical Root Zone.

Additional Provisions for Arbor Disease Centers. If project location is within one-half (1/2) mile of a documented arbor disease center according to the Texas Forest Service, then the Director of Planning is authorized to prescribe and restrict tree species use in landscaping or mitigation.

Tree Care for Protected Tree, Signature Tree, or Heritage Tree.

1. Disease Control: To prevent the spread of Oak Wilt, trimming of oak trees is not permitted between February 1 through July 1 unless performed by an Arborist. Any outbreaks of Oak Wilt should be reported to the Director.
2. Critical Root Zone Protection. See § UDC-4.04.01I.2 for detailed information.
3. Trees in public spaces.

a. Authority and Power.

i. Delegation of authority and responsibility. The Director of Planning and/or his designee shall have the authority and responsibility to plant, prune, maintain and remove trees and woody plants growing upon on city streets, rights-of-ways, city parks, and other public property. This shall include the removal of trees that may threaten electrical, telephone, gas, or any municipal water or sewer line, or any tree that is affected by fungus, insect, or other pest disease.

ii. Coordination among city departments. All city departments will coordinate as necessary with the Director and will provide services as required to ensure compliance with this Ordinance as it relates to streets, alleys, rights-of-way, drainage, easements and other public properties not under direct jurisdiction of the Director.
iii. Interference. No person shall hinder, prevent, delay, or interfere with the Director or his agents while engaged in carrying out the execution or enforcement of this Ordinance.
 

b. Tree advisory board. The Parks Commission shall act as the Tree Advisory Board for matters related to trees located in public spaces. Duties include promotion of Arbor Day activities, coordination of tree planting and maintenance on city property, support public awareness and education programs related to trees, review city department concerns related to tree care, submit an annual report on activities to the City Council, assist with annual application for the Tree City USA designation, develop a list of recommended trees for planting on city property, and other duties that may be assigned by the City Council.

c. Tree planting and care standards.

i. Standards. All planting and maintenance of public trees shall conform to the American National Standards Institute (ANSI) A-300 "Standards for Tree Care Operations" and shall follow all tree care Best Management Practices (BMPs) published by the International Society of Arboriculture.

ii. Requirements of franchise utility companies. Franchise utility companies shall provide advance notice to the City of their intended non-emergency tree pruning schedule and location of impacted areas. The maintenance of public trees for utility clearance shall conform to all applicable utility industry standards and be completed with qualified line clearance tree trimmers. If in the course of non-emergency tree planning it is determined by a certified arborist that the pruning of a tree will be detrimental to the health and safety of the tree, the franchise shall provide a written assessment and recommendation for the tree to the Director of Planning. This assessment will list all viable and reasonable alternatives. If no viable solution can be reached, the tree will be made safe and left in place. If the tree later dies, the franchise will not be held liable to mitigate the tree if ANSI A-300 standards were followed to trim the tree.

iii. Tree species list. The Director shall develop and maintain an official list of desirable tree species for planting on public property in two size classes: Ornamental (20 feet or less in height at maturity) and Shade (greater than 20 feet at maturity). Only trees from this approved list may be planted without written approval from the Director.

iv. Planting distances. The Director shall develop and maintain an official set of spacing requirements for the planting of trees on public property. No tree may be planted within the visibility triangle of a street intersection or within ten (10) feet of a fire hydrant.

v. Planting trees under electric utility lines. Only trees listed as Ornamental trees on the official city tree species list may be planted under or within fifteen (15) lateral feet of any overhead utility wire. No trees shall be planted within ten (10) feet of ground utility boxes.

vi. Protection of public trees during construction. Any person, firm, corporation, or city department performing construction in the area of any public tree must employ appropriate measures to protect the tree, including, but not limited to, placing barriers around the tree to prevent any damage.
 

d. Adjacent owner responsibility.

i. The owner of land adjacent to any city street or highway may plant and maintain trees in the adjacent parkway area. Property owners are responsible for the reasonable and routine maintenance of trees and other landscaping in the adjacent parkway area.

ii. No property owner shall allow a tree, or other plant growing on his or her property or within the adjacent parkway to obstruct or interfere with pedestrians or the view of drivers, and emergency vehicles, thereby creating a hazard. If an obstruction persists, the Director shall notify the property owner to prune or remove the tree or plant. If the owner fails to comply with the notice, the City may undertake the necessary work and charge the cost to the property owner.
 

e. Prohibition against harming public trees.

i. It shall be unlawful for any person, firm or corporation to damage, remove, or cause the damage or removal of a tree on public property without written permission from the Director.

ii. It shall be unlawful for any person, firm or corporation to attach any cable, wire or signs or any other object to any street, park, or public tree unless the City's Arborist reports that it will not negatively impact the tree and with approval by the Director.

iii. It shall be unlawful for any person, firm or corporation to "top" any public tree. Trees severely damaged by storms or other causes, where best pruning practices are impractical may be exempted from this provision at the determination of the Director.

 

Certain trees declared a nuisance. Any tree, or limb thereof, on public or private property determined by the Director to have contracted a lethal, communicable disease or insect; to be dead or dying; to obstruct the view of traffic signs or the free passage of pedestrians or vehicles; or that threatens public health, safety, and welfare is declared a nuisance and the City may require its treatment or removal. Private property owners have the duty, at their own expense, to remove or treat nuisance trees on their property. The City may remove such trees at the owner's expense if the owner does not comply with treatment and/or removal as specified by the Director within the written notification period.

See Subsection 4.04: Tree Preservation and Park Land Dedication for complete, detailed information.