HomeMy WebLinkAboutORD 2007-11 - Heritage TreesOrdinance •
An Ordinance of • of • ,. •,. Texas, amending
Chapter• and Chapter 11.03• of
and Trees"') of the Unified Development Code, Passed and Adopted on the 111h
Day of March 2003, to Add New Provisions Relating to Heritage Trees, Including
Provisions Relating, to Protection, Preservation, PruniA%.�m va�LM�i igation, and
Enforcement for Heritage Trees; Repealing Conflicting Ordinances and
Resolutions; Providing a Penalty Clause; Including a Severability Clause; and
Establishing an Effective Date.
WHEREAS, the City Council adopted the Unified Development Code (UDC) on March 11,
2003; and
WHEREAS, the City Council adopted Resolution No. 082404 -BB on August 24, 2004 which
outlines an annual amendment process for the UDC, but which allows the City Council to declare
certain amendments to be of an "emergency" nature deserving to be processed sooner than the
annual UDC amendments; and
WHEREAS, at their meeting of September 25, 2006; the City Council authorized this
amendment to the UDC to be taken up as a priority amendment and directed that it be completed
before the annual UDC amendments; and
WHEREAS, the Planning and Zoning Commission conducted a duly noticed Public Hearing
on November 7, 2006 to consider a recommendation to the City Council on this UDC amendment;
and
WHEREAS, the Planning and Zoning Commission at their meeting of November 7, 2006 made
a report to the City Council recommending denial of the proposed UDC amendment; and
WHEREAS, after due consideration, the City Council finds that it is in the public interest to
allow for the reasonable development of land within the City and within the City's extraterritorial
jurisdiction (ETJ), and at the same time to maintain, to the greatest extent possible, the existing trees
within the City and the ETJ, and to add to the tree population in the City and in the ETJ. To that end,
this ordinance is intended to accomplish the following objectives:
0 To preserve trees as important public resources enhancing the qualify of life and the
general public welfare
® To encourage the preservation of trees for the enjoyment of future generations
To encourage the preservation of trees to provide health benefits by cleansing and
cooling of the atmosphere
® To provide environmental protection by reducing erosion, sedimentation and runoff
into creeks and streams, and to reduce energy costs by providing shade and passive
solar design elements
To provide incentives for tree preservation to encourage the maximum protections for
existing trees, and the replacement of trees when removal cannot be avoided
® To preserve and enhance property values, and create an urban environment that is
aesthetically pleasing
® To promote economic development by enhancing the quality of life.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN,
SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct, and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance
implements the Century Plan as follows:
Policy 1.0: The community enjoys the benefits of well-planned land use in which
conflicting needs are balanced.
Goal: Develop policies which enhance the quality of life for the community while
preserving the unique character and natural resources.
Strom: Implement the Unified Development Code (UDC) to ensure consistency of the
City's development ordinances to preserve the character of the community.
and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other
Century Plan Ends, as required by Section 2.03 of the Administrative Chapter of the Policy Plan.
SECTION 2. Section 16 of the UDC, relating to the definitions applicable to Tree
Preservation, is hereby amended to provide as follows:
Tree Preservation.
The following definitions relate to Tree Preservation standards /
requirements:
Certified Arborist
An arborist certified by the International Society
of Arboriculture (ISA).
City of Georgetown
The Administrative Official identified in Section
Urban Forester
2.02.050 of the UDC.
Critical Root Zone or
A region measured outward from the trunk of
'°CRZ"
the tree representing the essential area of the
roots that must be conserved or preserved for
the tree's livelihood. The CRZ is measured as
one foot of radial distance outward from the
trunk for every inch of the tree caliper.
Diameter Breast
The diameter of a tree measured at 4.5 feet (1.3
Height (DDH).
meters) above ground, measured as follows.
a. Trunk on an angle or on a slope: The trunk
is measured at right angles to the trunk four and
a half (4.5) feet along the center of the trunk
axis, so the height is the average of the shortest
and the longest sides of the trunk.
b. Trunk branching lower than four and a half
(4.5) feet from the ground: The trunk is
measured at the smallest circumference below
the lowest branch; or by adding the sum of the
cross-sectional areas of the two stems measured
I
about 12 inches above the crotch, and averaging
the sum of these two branch areas and the
smallest cross-sectional area below the branches.
c. Multi -stemmed tree (a multi -stemmed tree is
one that has a visible connection between more
trunks above ground): The trunk is measured
by measuring all the trunks and adding the total
diameter of the largest trunk to one-half (1/2)
the diameter of each additional trunk.
Damage
Excavation or disturbance with in the CRZ such
as by cutting roots, grading, pouring
impervious material such as concrete or asphalt,
installing utilities or installing irrigation that is
not related to irrigating that specific Heritage
Tree; chemical poisoning; utilizing the area
within the tree protection fence for storage of
equipment or vehicular traffic and other actives;
removing bark greater than 3"; breaking or
splitting of the main trunk; or any act
compromising the health or structural integrity
of the tree.
Diseased Tree
A tree with a condition that impairs the
performance of one or more vital functions;
usually associated with infectious conditions.
I
Heritage Tree
A. Any of the following trees that has a 26 -
inch diameter at when measured at 4.5 feet
above grade: Live Oak, Post Oak, Shumard
Oak, Bur Oak, Chinquapin Oak, Monterey Oak,
Bald Cypress, American Elm, Cedar Elm, Pecan,
Walnut, Texas Ash or Southern Magnolia.
B. Any tree or stand of trees designated by
Resolution of the City Council to be of historical
value or of significant community benefit.
C. The term "Heritage Trees" does not
include Hackberry, Chinaberry, Ashe Juniper
(Cedar), Chinese Tallow or Mesquite.
Protected Trees.
For purposes of this Code, a "protected" tree is
any tree measuring twelve inches (12") DBH or
larger. The following species of trees are
excluded from protected tree status: Chinaberry,
Hackberr Cedar, and Bois d'Arc.
,
Prune
Cutting away unwanted or damaged parts of a
tree.
Significant Stand.
A clustering of four (4) or more trees, excluding
those tree species that are excluded from the
definition of "Protected Trees," that have a
combined caliper measurement of thirty-six
inches (36") or greater and trunks spaced at no
greater than four (4) to six (6) foot intervals.
Tree Removal or
Uprooting, or severing the main trunk of a tree,
Removal.
or any act which causes or may reasonably be
expected to cause the tree to die, including,
without limitation, damage inflicted on the root
system by machinery, storage of materials or
soil compaction; substantially changing the
natural grade above the root system or around
the trunk; excessive pruning or paving with
concrete, asphalt, or other impervious materials
in a manner which may reasonably be expected
to kill the tree; or Damage if determined by the
Urban Forester to be likely to result in the death
of the tree.
Tree Survey
A plan drawing prepared by a licensed
surveyor, licensed architect or an ISA Certified
Arborist, that shows the size, location, species
and CRZ of all trees required to be shown on a
Tree Survey by the UDC.
Limits of Surveys. If there is an area which is
known at the time of the survey to be on the
project site or easement but outside the
buildable area, a limit of construction line may
be established. Trees beyond this line need not
I
be surveyed provided that the limits of
construction are fenced throughout all phases of
construction.
Aerial Photography.
1. An aerial photography interpretation may
be used for preliminary analyses on large
scale projects such as subdivisions, utility
corridors, and golf courses.
2. The aerial photography must be flown at
an appropriate time of the year such that
all significant tree types are visible. This
would typically be from April through
November for deciduous trees. Some hill
country sites dominated by Live Oaks and
Junipers may be flown during the winter
months.
3o Interpretation done without computer
i
enhancement must be flown at a
minimum scale of approximately one (1)
inch = 400 feet.
4. To provide maximum location accuracy,
interpretations must be done from stereo
nine by nine (9x9) photographs. An
acceptable alternative to stereo
photography is the use of mono
photographs which have been rectified
and flown with clearly marked ground
points.
5. Another alternative is computer generated
imagery from single photos flown at a
minimum scale of approximately one (1)
inch = 200 feet. This imagery must be
rectified and digitized using known
round control points. Other alternatives
SECTION 3. New Section 11.03.080 "Heritage Tree Preservation and Protection" is hereby added
to the UDC as follows:
Section 11.03.080 Heritage Tree Preservation and Protection
A. Purpose
The purpose of this Section is to provide for the preservation and protection of Heritage Trees.
The provisions of this Section shall be implemented by the Urban Forester, under the direction
of the Director.
B. Definitions. For the purposes of this Section, the definitions under "Tree Preservation" in
Chapter 16 of this Code shall apply:
C. General Requirements.
1. No application for an initial stormwater permit, or for construction plans, subdivision or
plat review, or Site Plan review concerning nonresidential and residential development
sites of any size shall be granted unless the provisions of this Section and Section 11.03.020
(relating to Tree Surveys) are first complied with. The tree preservation and mitigation
approvals that are determined when the first of the above permits or approvals is granted
shall remain in effect throughout completion of the project.
2. Except as otherwise provided in Subsection (D), it is unlawful to Remove or Prune a
Heritage Tree designated as such on a Tree Survey or on a surveyor's affidavit as required
by Section 11.03.020 of this Code without a Heritage Tree Removal or Pruning Permit.
3. All Pruning must be performed by an International Society of Arboriculture (ISA)
Certified Arborist, or under the supervision of an ISA Certified Arborist, and must follow
the American National Standards Institute (ANSI) A300 standards.
4. The location of all proposed buildings and improvements shall be oriented by the
applicant, to the greatest extent in a manner which allows for the preservation of Heritage
Trees.
5. No Heritage Trees shall be Removed or Damaged for right-of-way or easement
requirements unless specifically approved by the City Council of the City of Georgetown.
D. Exceptions
1. Natural Disasters and Other Emergencies. If a Heritage Tree is determined to be causing
a danger or to be in a hazardous condition due to a natural disaster such as a tornado, fire,
storm, flood or other act of God that endangers public health, welfare or safety, the
requirements of this Section may be waived as deemed necessary by the emergency
management coordinator and Assistant City Manager — Utilities, after consultation with
will be considered which give equal or
neater accuracy potential.
SECTION 3. New Section 11.03.080 "Heritage Tree Preservation and Protection" is hereby added
to the UDC as follows:
Section 11.03.080 Heritage Tree Preservation and Protection
A. Purpose
The purpose of this Section is to provide for the preservation and protection of Heritage Trees.
The provisions of this Section shall be implemented by the Urban Forester, under the direction
of the Director.
B. Definitions. For the purposes of this Section, the definitions under "Tree Preservation" in
Chapter 16 of this Code shall apply:
C. General Requirements.
1. No application for an initial stormwater permit, or for construction plans, subdivision or
plat review, or Site Plan review concerning nonresidential and residential development
sites of any size shall be granted unless the provisions of this Section and Section 11.03.020
(relating to Tree Surveys) are first complied with. The tree preservation and mitigation
approvals that are determined when the first of the above permits or approvals is granted
shall remain in effect throughout completion of the project.
2. Except as otherwise provided in Subsection (D), it is unlawful to Remove or Prune a
Heritage Tree designated as such on a Tree Survey or on a surveyor's affidavit as required
by Section 11.03.020 of this Code without a Heritage Tree Removal or Pruning Permit.
3. All Pruning must be performed by an International Society of Arboriculture (ISA)
Certified Arborist, or under the supervision of an ISA Certified Arborist, and must follow
the American National Standards Institute (ANSI) A300 standards.
4. The location of all proposed buildings and improvements shall be oriented by the
applicant, to the greatest extent in a manner which allows for the preservation of Heritage
Trees.
5. No Heritage Trees shall be Removed or Damaged for right-of-way or easement
requirements unless specifically approved by the City Council of the City of Georgetown.
D. Exceptions
1. Natural Disasters and Other Emergencies. If a Heritage Tree is determined to be causing
a danger or to be in a hazardous condition due to a natural disaster such as a tornado, fire,
storm, flood or other act of God that endangers public health, welfare or safety, the
requirements of this Section may be waived as deemed necessary by the emergency
management coordinator and Assistant City Manager — Utilities, after consultation with
the Urban Forester, with such consultation and determination to occur within one (1)
calendar day of an applicant's request.
2. Public Utilities. Pruning the canopy of Heritage Trees may be carried out by the City
without prior approval by the Urban Forester; if performed by an International Society of
Arboriculture (ISA) Certified Arborist, or under the supervision of an ISA Certified
Arborist. Heritage Tree removal requests must be submitted to the City Council for
review and approval.
3. Dead or Diseased Trees. If the Urban Forester or an ISA Certified Arborist determines,
based on an on site inspection and in writing, that a Heritage Tree is already dead, dying,
or fatally diseased, the provisions of the mitigation requirements will not apply.
4. Clear Zone and Sight Triangles. Heritage Trees located in the Airport Clear Zone or the
sight triangles of public streets are exempt from the requirements of this Section.
E. Heritage Tree Removal or Pruning Permit Application Requirements
1. Applications for Heritage Tree Removal or Pruning Permits shall be submitted to the
Urban Forester on forms approved by the City.
2. The application shall be made by the owner of the property or the owner(s)'s authorized
representative on which the Heritage Tree is located.
3. Upon receipt of the application, the Urban Forester shall inspect the subject tree and
approve or deny the application in accordance with the provisions of this Section within
thirty (30) days of the date of the application. Upon written request from the owner or the
owner(s)'s representative, said date for the Urban Forester's final decision shall be
unilaterally extended for a period of up to fifteen (15) additional days. If a decision by the
Urban Forester would delay construction already properly commenced and in progress,
the Urban Forester shall approve or deny the application within one (1) business day.
4. Permits shall remain valid for the longer of: the period of validity of the permit or
authorization that required compliance with this,Section, or 180 days for the issuance of
the Tree Removal or Pruning Permit,
5. An applicant may appeal the decision of the Urban Forester to deny a Heritage Tree
Removal or Pruning Permit to the City Council. Such appeal must be made in writing and
received by the Director within thirty (30) days of the date of the decision on the
application by the Urban Forester. The request for appeal must set forth the specific
reasons for the appeal and state the specific reasons for disagreement with the decision of
the Urban Forester, including the basis for the applicant's position that the application
should have been granted. The Director shall set the matter for public hearing before the
City Council at the earliest possible regularly scheduled meeting of the City Council. The
City Council shall review the request and render a decision either affirming, affirming in
part, conditionally affirming, or reversing the determination of the Urban Forester. If the
City Council fails to act within forty five (45) days after the date that the Applicant files the
request for appeal with the Director, the appeal shall be automatically granted and a
Heritage Tree Removal or Pruning Permit shall be issued by the Urban Forester. If a
Heritage Tree Removal or Pruning Permit is issued after appeal (or after the expiration of
the appeal period) pursuant to the provisions of this subsection, the applicant must
comply with all applicable provisions of this Section, including mitigation.
F. Mitigation by Tree Replacement On Site
1. If the Urban Forester approves an application for a permit to Remove a Heritage Tree, then
the applicant shall, no later than thirty (30) days from the date of approval of the
application, submit a Mitigation Plan showing the proposed type, location, and irrigation
plan (if applicable) for the proposed replacement trees.
2. The Mitigation Plan must be a plan for planting replacement trees at a 3:1 ratio for each
Heritage Tree removed.
3. No replacement trees shall be planted until the Urban Forester has reviewed and approved
the Mitigation Plan, and the location and species of the replacement tree(s).
4. Replacement trees shall meet the planting criteria in Section 8.14 of this Code.
5. Transplanting of Heritage Trees. Heritage Trees can be transplanted to a suitable location
on the same property or off-site, and no replacement on site shall be required, if the
applicant complies with the generally accepted transplanting methods of the American
National Standards Institute (ANSI A300 Standards) and the tree survives for a period of
at least two (2) years.
G. Mitigation by Payment or Planting in a City Park or on other Public Owned Properties
When it is determined by the Urban Forester that mitigation for Heritage Tree removal by
replanting trees on site is not feasible, e.g., planting capacity has been reached on site, an
applicant may choose one of the following alternatives in lieu of replanting on site:
a) Planting the same number of replacement trees in a City Park or other publicly owned
property (e.g., on the grounds of a Georgetown ISD property) as would otherwise be
required on site in the locations approved by the Urban Forester; or
b) Payment of $200.00 per diameter inch of Heritage Tree removed into a fund or account
for use by the City for the planting, pruning, irrigation, and other activities associated
with trees in a City Park or on other City -owned property.
H. Preservation Incentives
If removal of a Heritage Tree is proposed due to efforts to comply with other provisions of this
Code, the applicant may request that the Director, after consultation with the Urban Forester,
consider the following preservation incentives in exchange for the non -removal and
preservation of the Heritage Tree.
Any project shall be entitled to a reduction in the minimum parking requirements as the
Director determines is necessary to save and / or properly protect a Heritage Tree.
2. Sidewalks
Modification to sidewalks, their location and possibly the width and curb requirements
shall be allowed as necessary to facilitate protecting a Heritage Tree.
3. landscape credits
The actual tree canopy of a Heritage Tree will be given as credit toward the requirements
of Section 8.04.01.013 of. this Code; however, any credits earned will not count towards
replacement credits of any other Heritage Tree in the event a subsequent Heritage Tree
Removal Permit was approved by City Council and/or the Urban Forester on the same
project.
4. Parkland Dedication Credit
The Parkland Dedication Requirement for a residential subdivision may be reduced if a
Heritage Tree is saved. The credit for parkland dedication will be five (5) dwelling unit
reduction in the number of units used to calculate the parkland dedication requirement for
each Heritage Tree saved throughout the subdivision.
I. Heritage 'free Protection During Construction
1. Prior to the commencement of any development, a tree protection fence constructed of
approved materials shall encompass the CRZ of any Heritage Tree. Said tree protection
fence must be maintained throughout the construction process, and must also comply with
Chapter 11 of this Code.
2. During construction, no materials including but not limited to excess soil, vehicles,
equipment, liquids, trash, or construction debris may be placed inside of the tree
protection fence, nor shall the tree protection fence be altered in any way so as to increase
the encroachment of the construction.
3. Excavation, grading, soil deposit, impervious covering, drainage and leveling within the
CRZ of Heritage Trees is prohibited unless approved by the Urban Forester. Any
impervious cover proposed within the CRZ of a Heritage Tree will be reviewed on a case
by case basis by the Urban Forester upon field inspections and or plan reviews. In any
case, generally no more than 50% of the CRZ of any Heritage Tree can be covered with
impervious cover. Any protective fencing being used around Heritage Trees may only be
reduced while impervious cover activity is being done. The remainder of the protective
fencing must stay intact for the duration of the project.
4. Disposal or depositing of oil, gasoline, chemicals, paints, solvents or other materials is
prohibited within the CRZ of Heritage Trees,
5. The attachment of wires, signs and ropes to any Heritage Tree is prohibited.
6. The location of utility service and irrigation lines inside the CRZ of Heritage Trees is only
allowed when approved by the Urban Forester. If boring is used to provide underground
utility access, the minimum length of the bore shall be the width of the tree's mature
canopy. The minimum depth of the bore shall be specified by the Urban Forester, but in
no event be less than 24" below the natural grade existing prior to any development
activity within the CRZ..
7. Soil disturbance or other injurious and detrimental activity within the CRZ of Heritage
Trees is prohibited.
S. At applicant's expense, an ISA Certified Arborist or their employee(s) shall be present
whenever activities occur which will pose a potential threat to the health of the Heritage
Tree such as pruning, or whenever any work needs to be done within the CRZ of such
tree.
9. Should the area within the CRZ become compacted during excavation or grading, the
affected area shall be aerated.
10. The Urban Forester shall be notified whenever any Damage or injury occurs to a Heritage
Tree during construction so that proper treatment may be administered.
IMEF% "Ism
1. Any person causing Damage, accidentally or otherwise to a Heritage Tree shall be
required to take such steps as may be required by the Urban Forester to assure the future
vitality of the tree, including costs of chemical or other types of treatment and/or
construction of protective barriers, or if the Urban Forester determines that the Damage is
so great that the Heritage Tree is no longer reasonably sustainable, the person shall be
required to comply with the mitigation provisions of this subchapter, and, if the act is
intentional, to pay a civil penalty in the amount of $5,000 for each Heritage Tree that is
Damaged.
2. Any person who Removes a Heritage Tree, accidentally or otherwise, in violation of this
subchapter, shall be required to comply with the mitigation provisions of this subchapter,
and, if the act is intentional, to pay a civil penalty in the amount of $5,000 for each Heritage
Tree that is Removed.
3. These remedies shall be in addition to the remedies in Chapter 15 of this Code.
SECTION 4. All ordinances that are in conflict with the provisions of this ordinance be, and
the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions
of this ordinance shall remain in full force and effect.
SECTION 5. If any provision of this Ordinance or the UDC, or application thereof, to any person
or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application
thereof, of this ordinance which can be given effect without the invalid provision or application, and to
this end the provisions of this ordinance are hereby declared to be severable.
SECTION 6. This Ordinance shall become effective in accordance with the provisions of the City
Charter.
PASSED AND APPROVED on First Reading on December 12, 2006.
PASSED AND APPROVED on Second Reading on February 13, 2007.
ATTES
Sandra D. Lee
City Secretary
Approved as to Form: ((
PO f
Patricia E. Carls, Brown & Carls, LLP
City Attorney
GEORGETOWN
Gary lion, Mayor