22-S-18 - Amending UDC Article 9, Section 21.9.9 Tree Preservation and mitigationORDINANCE NO. 22-S-18
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO
AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED
DEVELOPMENT CODE (UDC) ARTICLE 9, SECTION 21.9.9 TREE PRESERVATION
AND MITIGATION, TO CAP THE MAXIMUM REQUIRED TREE MITIGATION;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ")
adopted as Amended and Restated Unified Development Code on April 13, 2010, as further
amended (the "Current UDC "); and
WHEREAS, City Staff has reviewed the Current UDC and have recommended certain revision
and updates to, and reorganization of, the Current UDC;
WHEREAS, on March 9, 2022, the Planning and Zoning Commission conducted a public
hearing and thereafter recommended approval; and
WHEREAS, on April 12, 2022 the City Council conducted a public hearing and after
considering the Criteria and recommendation by the Planning and Zoning Commission,
determined that the proposed amendments are appropriate and in the interest of the public safety,
health and welfare;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT:
Section 1. The current UDC is hereby amended as set forth on Exhibit A hereto.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent
with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 7. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject matter
of the public business to be considered at such meeting, including this Ordinance, was given, all
as required by Chapter 551, as amended, Texas Government Code.
Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
Approved on first reading the 12' day of April, 2022.
PASSED, APPROVED AND ADOPTED on final reading the 26th day of April, 2022.
ATTEST;
Exhibit A
Sec. 21.9.9. Tree Preservation and Mitigation.
A. Purpose and Intent.
1. The purpose of this section is to conserve, protect and enhance existing healthy trees and natural
landscape. It is recognized that the preservation of existing trees contributes to the overall quality and
environment of the City. Trees can and do contribute to the processes of purification, oxygenation,
regeneration, groundwater recharge, reduction of pollution and contaminants in aquifers, erosion and
dust control, abatement of noise, provision of wildlife habitat and enhancement property values.
Indiscriminate clearing or stripping of natural vegetation on any parcel is prohibited.
2. It is hereby declared the intent of the City to encourage the preservation of all trees within the City
limits. While the layout of a property with respect to the placement of buildings, parking facilities and
other site requirements is at the discretion of the developer of the property, it is the polity of the City
to promote site layout and design in a manner which preserves the maximum amount of Protected
Class and Heritage Class trees possible.
Applicability and Exemptions.
1. The provisions of this section are applicable to the following:
a. all new residential and nonresidential development within the City except public schools;
b. redevelopment of any residential or nonresidential property within the City that results in an
increase in the building footprint or the total destruction and reconstruction except public
schools;
C. any grading, filling or clearing of land in the City limits; and
d. any selective or individual removal of any Protected Class or Heritage Class Tree in the City limits.
2. The following definitions shall be applicable to the provisions of this section:
a. Protected Class Trees. Trees having a DBH (diameter at breast height measured four and one half
feet above existing ground level) between'eight inches (8 ") and less than twenty -four inches (24 ")
are designated as "Protected Class Trees ".
b. Heritage Class Trees. Trees having a DBH greater than or equal to twenty -four inches (24 ") are
designated as "Heritage Class Trees ".
C. Damage. Damage shall be considered any injury to a tree including, but not limited to:
L uprooting;
ii. severance of the root system or main trunk;
iii. storage of topsoil, construction materials, debris or chemicals within the drip line area;
iv. compaction of soil within the drip line area;
V. a substantial change in the natural grade above a root system or within the drip line area;
vi. pruning or removal of more than twenty -five percent (25 %) of the living tissue; or
vii. Paving with concrete, asphalt or other impervious material within the drip line area. Tree
grates or tree wells may be provided to preserve pervious surface within the drip line area.
3. The following are exempt from the preservation, mitigation and permitting requirements of this
section:
(Supp. No. 5)
Page 1 of 5
Created: 2021 -11 -05 10:19:09 [EST]
a. Protected Class Trees located within the area of a proposed on -site sewage facility (OSSF) (A
waiver to mitigation for Heritage Class trees may be requested) ;
b. Protected Class and Heritage Class Trees located within a right -of -way to be dedicated to and
maintained by the City and shown on the City's Master Thoroughfare Plan;
C. Protected Class Trees located within any utility easement, Heritage Class Trees located within any
utility easement are exempt from preservation requirements only (A waiver to mitigation for
Heritage Class trees may be requested);
d. Protected Class and Heritage Class trees damaged or destroyed by floods, fire, wind or other
natural causes;
e. Dangerous, diseased, damaged, dead or dying Protected Class or Heritage Class trees as
determined by a tree survey and a letter from a certified Texas Arborist; provided,
notwithstanding the title of this section; and
f. Protected Class trees from the Undesirable Trees list in UDC Table 21.9.7F. (A waiver to
mitigation for Heritage Class trees may be requested)
g. Protected Class and Heritage Class trees located on property that has an existing one family or
two- family dwelling that is occupied.
h. Protected Class and Heritage Class trees of the following exempted tree species:
Table 21.9.9 Exempted Trees
Common Name
Scientific Name
Hackberry
Celtis occidentalis
Eastern Red Cedar
Juniperus virginiana
Common Ashe Juniper
Juniperis ashei
Chinaberry
Melia azedarach
Mesquite
Prosopis spp.
Ligustrum
Ligustrum spp.
C. Tree Preservation. The existing natural landscape character, especially native oaks, elms, and pecan trees,
shall be preserved to the maximum extent reasonable and feasible. Except as otherwise exempted in section
21.9.9.8.3. above, a tree removal permit is required for the removal of any tree with a DBH greater than
eight inches.
1. Protected Trees. Any Protected Trees not exempt from preservation in section B.3. above may be
removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community
Services Any decision of the Director of Parks, Recreation and Community Services regarding a tree
removal permit may be appealed to the Planning and Zoning Commission in accordance with section
21.4.14 of this UDC.
2. Heritage Trees. Any Heritage Trees to be removed may be removed upon approval of a Tree Removal
Permit by the Director of Parks, Recreation and Community Services. Any decision by the Director of
Parks, Recreation and Community Services regarding a tree removal permit may be appealed to the
Planning and Zoning Commission in accordance with section 21.4.14 of this UDC. All Heritage Trees
shall be required to meet the mitigation requirements of this section.
3. Minimum Preservation. In the development of any site, at least twenty -five percent (25 %) of all
mitigatabie Protected Class and Heritage Class trees must be preserved. (A waiver to the 25%
preservation requirement may be requested)
(Supp. No. 5)
Page 2 of 5
Created: 2021 -11 -05 19:19:09 [EST]
D. Tree Mitigation. Any trees that are removed or damaged as a result of the approval of a Tree Removal Permit
shall be mitigated for on the same site as the proposed development. The species of trees planted for
mitigation purposes may not include those listed as exempt in subsection 21.9.9.8.3. above nor any of the
undesirable trees identified in table 21.9.7F. All trees planted for mitigation purposes must be a species of
shade tree identified in table 21.9.7.A. In the event that mitigation is not feasible on the same site as the
proposed development, an applicant may request to donate trees, meeting the mitigation requirements of
this section, to be planted at public parks, schools, or other approved public facilities throughout the City or
provide a fee -in -lieu of payment which will be used to place trees at public parks, schools, or other approved
public facilities throughout the City. Tree mitigation funds may also be utilized to install irrigation, to repair
or remove damaged or destroyed trees, to preserve and protect existing Protected Class and Heritage Class
trees and to purchase equipment for the preservation or protection of existing trees. Mitigation
requirements are:
1. Protected Class Trees. Protected trees shall be mitigated at a one -to -one (1:1) DBH inch ratio for every
tree removed. Replacement trees shall have a minimum DBH of two and one half inches (2.5 ").
2. Heritage Class Trees. Heritage Class trees shall be mitigated at a three -to -one (3:1) DBH inch ratio for
every tree removed. Replacement trees shall have a minimum DBH of two and one half inches (2.5 ").
3. Damaged Trees. Any trees that are designated for preservation and are damaged during the
construction process or that die within two (2) years of issuance of a certificate of occupancy shall be
mitigated for in accordance with subsection 21.9.9.D.1. and D.2. above.
4. Mitigated Trees. Trees planted and counted towards the necessary mitigation requirements that are
damaged after planting or that die within two (2) years of issuance of a certificate of occupancy shall
be mitigated for at a one -to -one (1:1) DBH inch ratio for every tree damaged or that dies.
S. The amount of tree mitigation per acre is capped at 100 inches per acre. For properties where the trees
are generally clustered, staff has the discretion to define the acreage of the property as an area
extending 20' beyond the tree canopy of the cluster in determining the acreage.
E. Tree Protection Standards.
1. All trees to be preserved on site shall be protected from damage caused by site excavation or
construction in accordance with the following:
a. All trees shall be protected by a fence, frame or box constructed around the drip line of the
preserved tree. Protection measures may not be removed until construction is complete.
b. A minimum of three inches (3 ") of mulch or compost shall be spread beneath the drip line of the
preserved tree.
C. No person shall excavate any ditches, tunnels, or trenches, place any paving material or place any
drive or parking area within the drip line of any Protected Class or Heritage Class Tree without
prior written approval of the City Manager or his /her designee at the time of Site Plan approval.
d. No person shall attach any rope, wire, nails, advertising posters or other contrivance to any
Protected Class or Heritage Class Tree.
2. It is the intent of the City to control and prevent the spread of Oak Wilt.
a. If any oak tree is wounded by intentional damage or pruning or as a result of natural causes, the
damaged area shall be immediately treated with tree wound dressing.
b. All necessary and reasonable efforts shall be given during the permitted removal of any trees to
utilize best known practices to prevent the spread of Oak Wilt disease to any other surrounding
trees.
(5upp. No. 5)
Page 3 of 5
Created: 2021 -1145 10:19:09 [EST]
Tree Preservation Credits — Nonresidential and Multifamily Developments. To encourage the preservation of
existing Protected Class or Heritage Class Trees contained within a proposed development, tree preservation
credits may be requested to reduce the amount of new trees required on nonresidential and multifamily
sites. Tree preservation credits can be issued for landscape buffer requirements when the tree being
preserved is located within the buffer. Tree preservation credits can be issued to satisfy total trees per acre
requirements of UDC Sec.21.9.7.E.2. The following minimum tree preservation credits may be requested:
1. Protected Class Trees shall receive a credit against the minimum required landscaping or mitigation
standards at a one -to -one (1:1) caliper inch ratio;
2. Heritage Class Trees shall receive a credit against the minimum required landscaping or mitigation
standards at a three -to -one (3:1) caliper inch ratio;
Tree Survey Required. Every application for a final plat for residential development or Site Plan for
nonresidential and multifamily development shall be accompanied by a tree survey that includes the
following information:
1. total number of DBH caliper inches of Protected Class and Heritage Class on the site;
2. total number of DBH caliper inches of Protected Class and Heritage Class to be removed; and
3. total number of DBH caliper inches of Protected Class and Heritage Class to be preserved.
H. Tree Removal Permit. A tree removal permit is required for the removal of any Protected Class or Heritage
Class trees not exempt in section 21.9.9.8.2. above. The permit must be accompanied by an appropriate
application and shall contain a tree preservation plan showing the following:
1. exist!ng/proposed topography;
2. location of property lines, easement, rights -of -ways, setbacks, parking areas and sidewalks;
I location, species and size (in DBH) of each Protected Class and Heritage Class Tree, except those trees
exempted by section 21.9.9.B.2.f. above;
4. a tree inventory that summarizes the following:
a. total number of DBH caliper inches on the site;
b. total number of DBH caliper inches to be removed;
C. total number of DBH caliper inches to be preserved;
d. location of any proposed tree mitigation;
e. any proposed tree preservation credits; and
5. a summary of the tree protection methods to be utilized.
Waiver.
1. General. The City Manager or his /her designee may authorize waivers from the provisions of this
Article when, in their opinion, undue hardship will result from requiring strict compliance. Waivers may
be granted only to items specifically stated in this section. Waivers must meet one of the following
eligibility requirements:
a. The tree is proposed for removal in order for the property to achieve compliance with other
applicable City requirements and standards (i.e. site design or storm water management); or
b. The tree is proposed for removal because it is within a future public utility location.
2. Criteria for approval. Waivers shall be evaluated using the following criteria:
(Supp. No. 5)
Page 4 of 5
Created: 2021 -11 -05 10:19:09 [EST]
a. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of
surface waters, protection of adjacent trees or windbreaks;
b. The requested waiver does not violate the intent of this section or the UDC;
C. Strict interpretation of the provisions of the section would deprive the applicant of rights
commonly enjoyed by other nearby properties in the same zoning district or with the same land
use that would comply with the same provisions;
d. A reasonable effort to preserve the tree has been made and reasonable alternatives have been
evaluated and determined to not be feasible.
3. Any decision of the City Manager or his /her designee regarding waivers to the provisions of this section
may be appealed to the Planning and Zoning Commission. When considering an appeal, the Planning
and Zoning Commission shall consider the same standards as the City Manager or his /her designee as
outlined above.
(Ord. No. 16-S-27, § 6,8-30-2016; Ord. No. 17-S40, § 1(Exh. A), 10 -24 -2017; Ord. No. 18-S-08, § 1(Exh. A), 2 -27-
2018; Ord. No. 18-S-24, § 1(Exh. A), 8 -7 -2018)
(Supp. No. 5)
Page 5 of 5
Created: 2021 -11 -05 10:19:09 [EST]
Sec. 21.9.9. Tree Preservation and Mitigation.
A. Purpose and Intent,
1. The purpose of this section is to conserve, protect and enhance existing healthy trees and natural
landscape. It is recognized that the preservation of existing trees contributes to the overall quality and
environment of the City. Trees can and do contribute to the processes of purification, oxygenation,
regeneration, groundwater recharge, reduction of pollution and contaminants in aquifers, erosion and
dust control, abatement of noise, provision of wildlife habitat and enhancement property values.
Indiscriminate clearing or stripping of natural vegetation on any parcel is prohibited.
2. It is hereby declared the intent of the City to encourage the preservation of all trees within the City
limits. While the layout of a property with respect to the placement of buildings, parking facilities and
other site requirements is at the discretion of the developer of the property, it is the policy of the City
to promote site layout and design in a manner which preserves the maximum amount of Protected
Class and Heritage Class trees possible.
B. Applicability and Exemptions.
1. The provisions of this section are applicable to the following:
a. all new residential and nonresidential development within the City except public schools;
b. redevelopment of any residential or nonresidential property within the City that results in an
increase in the building footprint or the total destruction and reconstruction except public
schools;
C. any grading, filling or clearing of land in the City limits; and
d. any selective or individual removal of any Protected Class or Heritage Class Tree in the City limits.
2. The following definitions shall be applicable to the provisions of this section:
a. Protected Class Trees. Trees having a DBH (diameter at breast height measured four and one half
feet above existing ground level) between eight inches (8 ") and less than twenty -four inches (24 ")
are designated as "Protected Class Trees ".
b. Heritage Class Trees. Trees having a DBH greater than or equal to twenty -four inches (24 ") are
designated as "Heritage Class Trees ".
C. Damage. Damage shall be considered any injury to a tree including, but not limited to:
L uprooting;
R. severance of the root system or main trunk;
iii. storage of topsoil, construction materials, debris or chemicals within the drip line area;
iv. compaction of soil within the drip line area;
V. a substantial change in the natural grade above a root system or within the drip line area;
vi. pruning or removal of more than twenty -five percent (25 %) of the living tissue; or
vii. Paving with concrete, asphalt or other impervious material within the drip line area. Tree
grates or tree wells may be provided to preserve pervious surface within the drip line area.
3. The following are exempt from the preservation, mitigation and permitting requirements of this
section:
(Supp. No. 5)
Page 1 of 5
Created: 2021 -11 -05 10:19:09 [EST]
a. Protected Class Trees located within the area of a proposed on -site sewage facility (OSSF) (A
waiver to mitigation for Heritage Class trees may be requested) ;
b. Protected Class and Heritage Class Trees located within a right -of -way to be dedicated to and
maintained by the City and shown on the City's Master Thoroughfare Plan;
C. Protected Class Trees located within any utility easement, Heritage Class Trees located within any
utility easement are exempt from preservation requirements only (A waiver to mitigation for
Heritage Class trees may be requested);
d. Protected Class and Heritage Class trees damaged or destroyed by floods, fire, wind or other
natural causes;
e. Dangerous, diseased, damaged, dead or dying Protected Class or Heritage Class trees as
determined by a tree survey and a letter from a certified Texas Arborist; provided,
notwithstanding the title of this section; and
f. Protected Class trees from the Undesirable Trees list in UDC Table 21.9.71F. (A waiver to
mitigation for Heritage Class trees may be requested)
g. Protected Class and Heritage Class trees located on property that has an existing one family or
two- family dwelling that is occupied.
h. Protected Class and Heritage Class trees of the following exempted tree species:
Table 21.9.9 Exempted Trees
Common Name
Scientific Name
Hackberry
Celtis occidentalis
Eastern Red Cedar
Juniperus virginiana
Common Ashe Juniper
Juniperis ashei
Chinaberry
Melia azedarach
Mesquite
Prosopis spp.
Ligustrum
Ligustrum spp.
C. Tree Preservation. The existing natural landscape character, especially native oaks, elms, and pecan trees,
shall be preserved to the maximum extent reasonable and feasible. Except as otherwise exempted in section
21.9.9.13.3. above, a tree removal permit is required for the removal of any tree with a DBH greater than
eight inches.
1. Protected Trees. Any Protected Trees not exempt from preservation in section B.3. above may be
removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community
Services Any decision of the Director of Parks, Recreation and Community Services regarding.a tree
removal permit may be appealed to the Planning and Zoning Commission in accordance with section
21.4.14 of this UDC.
2. Heritage Trees. Any Heritage Trees to be removed may be removed upon approval of a Tree Removal
Permit by the Director of Parks, Recreation and Community Services. Any decision by the Director of
Parks, Recreation and Community Services regarding a tree removal permit may be appealed to the
Planning and Zoning Commission in accordance with section 21.4.14 of this UDC. All Heritage Trees
shall be required to meet the mitigation requirements of this section.
3. Minimum Preservation. In the development of any site, at least twenty-five percent (25%) of all
mitigatable Protected Class and Heritage Class trees must be preserved. (A waiver to the 25%
preservation requirement may be requested)
(Supp. No. 5)
Page 2 of 5
Created: 2021 -11 -05 19:19:09 [EST]
D. Tree Mitigation, Any trees that are removed or damaged as a result of the approval of a Tree Removal Permit
shall be mitigated for on the same site as the proposed development. The species of trees planted for
mitigation purposes may not include those listed as exempt in subsection 21.9.9.8.3. above nor any of the
undesirable trees identified in table 21.9.7F. All trees planted for mitigation purposes must be a species of
shade tree identified in table 21.9.7.A. In the event that mitigation is not feasible on the same site as the
proposed development, an applicant may request to donate trees, meeting the mitigation requirements of
this section, to be planted at public parks, schools, or other approved public facilities throughout the City or
provide a fee -in -lieu of payment which will be used to place trees at public parks, schools, or other approved
public facilities throughout the City. Tree mitigation funds may also be utilized to install Irrigation, to repair
or remove damaged or destroyed trees, to preserve and protect existing Protected Class and Heritage Class
trees and to purchase equipment for the preservation or protection of existing trees. Mitigation
requirements are:
1. Protected Class Trees. Protected trees shall be mitigated at a one - to-one (1:1) D8H inch ratio for every
tree removed. Replacement trees shall have a minimum DBH of two and one half inches (2.5 ").
2. Heritage Class Trees. Heritage Class trees shall be mitigated at a three -to -one (3:1) DBH inch ratio for
every tree removed. Replacement trees shall have a minimum DBH of two and one half inches (2.5 ").
3. Damaged Trees. Any trees that are designated for preservation and are damaged during the
construction process or that die within two (2) years of issuance of a certificate of occupancy shall be
mitigated for in accordance with subsection 21.9.9.D.1. and D.2. above.
4. Mitigated Trees. Trees planted and counted towards the necessary mitigation requirements that are
damaged after planting or that die within two (2) years of issuance of a certificate of occupancy shall
be mitigated for at a one -to -one (1:1) DBH inch ratio for every tree damaged or that dies.
5. The amount of tree mitigation per acre is capped at 100 inches per acre. For properties where the trees
are generally clustered, staff has the discretion to define the acreage of the property as an area
extending 20' beyond the tree canopy of the cluster in determining the acreage.
E. Tree Protection Standards.
1. All trees to be preserved on site shall be protected from damage caused by site excavation or
construction in accordance with the following:
a. All trees shall be protected by a fence, frame or box constructed around the drip line of the
preserved tree. Protection measures may not be removed until construction is complete.
b. A minimum of three inches (3 ") of mulch or compost shall be spread beneath the drip line of the
preserved tree.
C. No person shall excavate any ditches, tunnels, or trenches, place any paving material or place any
drive or parking area within the drip line of any Protected Class or Heritage Class Tree without
prior written approval of the City Manager or his /her designee at the time of Site Plan approval.
d. No person shall attach any rope, wire, nails, advertising posters or other contrivance to any
Protected Class or Heritage Class Tree.
It is the intent of the City to control and prevent the spread of Oak Wilt.
(Sapp. No. 5)
If any oak tree is wounded by intentional damage or pruning or as a result of natural causes, the
damaged area shall be immediately treated with tree wound dressing.
All necessary and reasonable efforts shall be given during the permitted removal of any trees to
utilize best known practices to prevent the spread of Oak Wilt disease to any other surrounding
trees.
Page 3 of 5
Created: 2021 -11 -05 10.15:05 [EST]
Tree Preservation Credits — Nonresidential and Multifamily Developments. To encourage the preservation of
existing Protected Class or Heritage Class Trees contained within a proposed development, tree preservation
credits may be requested to reduce the amount of new trees required on nonresidential and multifamily
sites. Tree preservation credits can be issued for landscape buffer requirements when the tree being
preserved is located within the buffer. Tree preservation credits can be issued to satisfy total trees per acre
requirements of UDC Sec.21.9.7.E.2. The following minimum tree preservation credits may be requested:
Protected Class Trees shall receive a credit against the minimum required landscaping or mitigation
standards at a one -to -one (1:1) caliper inch ratio;
2. Heritage Class Trees shall receive a credit against the minimum required landscaping or mitigation
standards at a three -to -one (3:1) caliper inch ratio;
G. Tree Survey Required. Every application for a final plat for residential development or Site Plan for
nonresidential and multifamily development shall be accompanied by a tree survey that includes the
following information:
1. total number of DBH caliper inches of Protected Class and Heritage Class on the site;
2. total number of DBH caliper inches of Protected Class and Heritage Class to be removed; and
3. total number of DBH caliper inches of Protected Class and Heritage Class to be preserved.
Tree Removal Permit. A tree removal permit is required for the removal of any Protected Class or Heritage
Class trees not exempt in section 21.9.9.B.2. above. The permit must be accompanied by an appropriate
application and shall contain a tree preservation plan showing the following:
1. existing/proposed topography;
2. location of property lines, easement, rights -of -ways, setbacks, parking areas and sidewalks;
3. location, species and size (in DBH) of each Protected Class and Heritage Class Tree, except those trees
exempted by section 21.9.9.6.21 above;
4. a tree inventory that summarizes the following:
a. total number of DBH caliper inches on the site;
b. total number of DBH caliper inches to be removed;
C. total number of DBH caliper inches to be preserved;
d. location of any proposed tree mitigation;
e. any proposed tree preservation credits; and
5. a summary of the tree protection methods to be utilized.
Waiver.
General. The City Manager or his /her designee may authorize waivers from the provisions of this
Article when, in their opinion, undue hardship will result from requiring strict compliance. Waivers may
be granted only to items specifically stated in this section. Waivers must meet one of the following
eligibility requirements:
a. The tree is proposed for removal in order for the property to achieve compliance with other
applicable City requirements and standards (i.e. site design or storm water management); or
b. The tree is proposed for removal because it is within a future public utility location.
2. Criteria for approval. Waivers shall be evaluated using the following criteria:
(Supp. No. 5)
Page 4 of 5
Created: 2021 -11 -05 10:19:09 [EST]
a. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of
surface waters, protection of adjacent trees or windbreaks;
b. The requested waiver does not violate the intent of this section or the UDC;
C. Strict interpretation of the provisions of the section would deprive the applicant of rights
commonly enjoyed by other nearby properties in the same zoning district or with the same land
use that would comply with the same provisions;
d. A reasonable effort to preserve the tree has been made and reasonable alternatives have been
evaluated and determined to not be feasible.
3. Any decision of the City Manager or his /her designee regarding waivers to the provisions of this section
may be appealed to the Planning and Zoning Commission. When considering an appeal, the Planning
and Zoning Commission shall consider the same standards as the City Manager or his /her designee as
outlined above.
(Ord. No. 16 -S -27, § 6,8-30-2016; Ord. No. 17 -S-40, § 1(Exh. A), 10 -24 -2017; Ord. No. 18 -S -08, § 1(Exh. A), 2 -27-
2018; Ord. No. 18 -S -24, § i(Exh. A), 8 -7 -2018)
(5upp. No. 5)
Page 5 of 5
Created: 2021 -11 -05 10:19:09 [EST]
Sec. 21.9.9. Tree Preservation and Mitigation.
A. Purpose and Intent.
1. The purpose of this section is to conserve, protect and enhance existing healthy trees and natural
landscape. It is recognized that the preservation of existing trees contributes to the overall quality and
environment of the City. Trees can and do contribute to the processes of purification, oxygenation,
regeneration, groundwater recharge, reduction of pollution and contaminants in aquifers, erosion and
dust control, abatement of noise, provision of wildlife habitat and enhancement property values.
Indiscriminate clearing or stripping of natural vegetation on any parcel is prohibited.
2. It is hereby declared the intent of the City to encourage the preservation of all trees within the City
limits. While the layout of a property with respect to the placement of buildings, parking facilities and
other site requirements is at the discretion of the developer of the property, it is the policy of the City
to promote site layout and design in a manner which preserves the maximum amount of Protected
Class and Heritage Class trees possible.
B. Applicability and Exemptions.
1. The provisions of this section are applicable to the following:
a. all new residential and nonresidential development within the City except public schools;
b. redevelopment of any residential or nonresidential property within the City that results in an
increase in the building footprint or the total destruction and reconstruction except public
schools;
C. any grading, filling or clearing of land in the City limits; and
d. any selective or individual removal of any Protected Class or Heritage Class Tree in the City limits.
2. The following definitions shall be applicable to the provisions of this section:
(Supp. No. 5)
Protected Class Trees. Trees having a DBH (diameter at breast height measured four and one half
feet above existing ground level) between eight inches (8 ") and less than twenty -four inches (24 ")
are designated as "Protected Class Trees ".
b. Heritage Class Trees. Trees having a DBH greater than or equal to twenty -four inches (24 ") are
designated as "Heritage Class Trees ".
C. Damage. Damage shall be considered any injury to a tree including, but not limited to:
uprooting;
severance of the root system or main trunk;
iii. storage of topsoil, construction materials, debris or chemicals within the drip line area;
iv. compaction of soil within the drip line area;
a substantial change in the natural grade above a root system or within the drip line area;
vi. pruning or removal of more than twenty -five percent (25 %) of the living tissue; or
vii. Paving with concrete, asphalt or other impervious material within the drip line area. Tree
grates or tree wells may be provided to preserve pervious surface within the drip line area.
The following are exempt from the preservation, mitigation and permitting requirements of this
section:
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a. Protected Class Trees located within the area of a proposed on -site sewage facility (OSSF) (A
waiver to mitigation for Heritage Class trees may be requested) ;
b. Protected Class and Heritage Class Trees located within a right -of -way to be dedicated to and
maintained by the City and shown on the City's Master Thoroughfare Plan;
C. Protected Class Trees located within any utility easement, Heritage Class Trees located within any
utility easement are exempt from preservation requirements only (A waiver to mitigation for
Heritage Class trees may be requested);
d. Protected Class and Heritage Class trees damaged or destroyed by floods, fire, wind or other
natural causes;
e. Dangerous, diseased, damaged, dead or dying Protected Class or Heritage Class trees as
determined by a tree survey and a letter from a certified Texas Arborist; provided,
notwithstanding the title of this section; and
f. Protected Class trees from the Undesirable Trees list in UDC Table 21.9.7F. (A waiver to
mitigation for Heritage Class trees may be requested)
g. Protected Class and Heritage Class trees located on property that has an existing one family or
two - family dwelling that is occupied.
h. Protected Class and Heritage Class trees of the following exempted tree species:
Table 21.9.9 Exempted Trees
Common Name
Scientific Name
Hackberry
Celtis occidentalis
Eastern Red Cedar
Juniperus virginiana
Common Ashe Juniper
Juniperis ashei
Chinaberry
Melia azedarach
Mesquite
Prosopis spp.
Ligustrum
Ligustrum spp.
Tree Preservation. The existing natural landscape character, especially native oaks, elms, and pecan trees,
shall be preserved to the maximum extent reasonable and feasible. Except as otherwise exempted in section
21.9.9.13.3. above, a tree removal permit is required for the removal of any tree with a DBH greater than
eight inches.
1. Protected Trees. Any Protected Trees not exempt from preservation in section B.3. above may be
removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community
Services Any decision of the Director of Parks, Recreation and Community Services regarding a tree
removal permit may be appealed to the Planning and Zoning Commission in accordance with section
21.4.14 of this UDC.
2. Heritage Trees. Any Heritage Trees to be removed may be removed upon approval of a Tree Removal
Permit by the Director of Parks, Recreation and Community Services. Any decision by the Director of
Parks, Recreation and Community Services regarding a tree removal permit may be appealed to the
Planning and Zoning Commission in accordance with section 21.4.14 of this UDC. All Heritage Trees
shall be required to meet the mitigation requirements of this section.
3. Minimum Preservation. In the development of any site, at least twenty -five percent (25 %) of all
mitigatable Protected Class and Heritage Class trees must be preserved. (A waiver to the 25%
preservation requirement may be requested)
(Supp. No. 5)
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D. Tree Mitigation. Any trees that are removed or damaged as a result of the approval of a Tree Removal Permit
shall be mitigated for on the same site as the proposed development. The species of trees planted for
mitigation purposes may not include those listed as exempt in subsection 21.9.9.8.3. above nor any of the
undesirable trees identified in table 21.9.7F. All trees planted for mitigation purposes must be a species of
shade tree identified in table 21.9.7.A. In the event that mitigation is not feasible on the same site as the
proposed development, an applicant may request to donate trees, meeting the mitigation requirements of
this section, to be planted at public parks, schools, or other approved public facilities throughout the City or
provide a fee -in -lieu of payment which will be used to place trees at public parks, schools, or other approved
public facilities throughout the City. Tree mitigation funds may also be utilized to install irrigation, to repair
or remove damaged or destroyed trees, to preserve and protect existing Protected Class and Heritage Class
trees and to purchase equipment for the preservation or protection of existing trees. Mitigation
requirements are:
1. Protected Class Trees. Protected trees shall be mitigated at a one -to -one (1:1) DBH inch ratio for every
tree removed. Replacement trees shall have a minimum DBH of two and one half inches (2.5 ").
2. Heritage Class Trees. Heritage Class trees shall be mitigated at a three -to -one (3:1) DBH inch ratio for
every tree removed. Replacement trees shall have a minimum DBH of two and one half inches (2.5 ").
3. Damaged Trees. Any trees that are designated for preservation and are damaged during the
construction process or that die within two (2) years of issuance of a certificate of occupancy shall be
mitigated for in accordance with subsection 21.9.9.D.1. and D.2. above.
4. Mitigated Trees. Trees planted and counted towards the necessary mitigation requirements that are
damaged after planting or that die within two (2) years of issuance of a certificate of occupancy shall
be mitigated for at a one -to -one (1:1) DBH inch ratio for every tree damaged or that dies.
5. The amount of tree mitigation per acre is capped at 100 inches per acre. For properties where the trees
are generally clustered, staff has the discretion to define the acreage of the property as an area
extending 20' beyond the tree canopy of the cluster in determining the acreage.
E. Tree Protection Standards.
1. All trees to be preserved on site shall be protected from damage caused by site excavation or
construction in accordance with the following:
a. All trees shall be protected by a fence, frame or box constructed around the drip line of the
preserved tree. Protection measures may not be removed until construction is complete.
b. A minimum of three inches (3 ") of mulch or compost shall be spread beneath the drip line of the
preserved tree.
C. No person shall excavate any ditches, tunnels, or trenches, place any paving material or place any
drive or parking area within the drip line of any Protected Class or Heritage Class Tree without
prior written approval of the City Manager or his /her designee at the time of Site Plan approval.
d. No person shall attach any rope, wire, nails, advertising posters or other contrivance to any
Protected Class or Heritage Class Tree.
2. It is the intent of the City to control and prevent the spread of Oak Wilt.
a. If any oak tree is wounded by intentional damage or pruning or as a result of natural causes, the
damaged area shall be immediately treated with tree wound dressing.
b. All necessary and reasonable efforts shall be given during the permitted removal of any trees to
utilize best known practices to prevent the spread of Oak Wilt disease to any other surrounding
trees.
Created: 2021 -11 -05 10:19:09 [EST]
(Supp. No. 5)
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F. Tree Preservation Credits — Nonresidential and Multifamily Developments. To encourage the preservation of
existing Protected Class or Heritage Class Trees contained within a proposed development, tree preservation
credits may be requested to reduce the amount of new trees required on nonresidential and multifamily
sites. Tree preservation credits can be issued for landscape buffer requirements when the tree being
preserved is located within the buffer. Tree preservation credits can be issued to satisfy total trees per acre
requirements of UDC Sec.21.9.7.E.2. The following minimum tree preservation credits may be requested:
1. Protected Class Trees shall receive a credit against the minimum required landscaping or mitigation
standards at a one -to -one (1:1) caliper inch ratio;
2. Heritage Class Trees shall receive a credit against the minimum required landscaping or mitigation
standards at a three -to -one (3:1) caliper inch ratio;
G. Tree Survey Required. Every application for a final plat for residential development or Site Plan for
nonresidential and multifamily development shall be accompanied by a tree survey that includes the
following information:
1. total number of DBH caliper inches of Protected Class and Heritage Class on the site;
2. total number of DBH caliper inches of Protected Class and Heritage Class to be removed; and
3. total number of DBH caliper inches of Protected Class and Heritage Class to be preserved.
H. Tree Removal Permit. A tree removal permit is required for the removal of any Protected Class or Heritage
Class trees not exempt in section 21.9.9.13.2, above. The permit must be accompanied by an appropriate
application and shall contain a tree preservation plan showing the following:
1. existing /proposed topography;
2. location of property lines, easement, rights -of -ways, setbacks, parking areas and sidewalks;
3. location, species and size (in DBH) of each Protected Class and Heritage Class Tree, except those trees
exempted by section 21.9.9.B.2.f. above;
4. a tree inventory that summarizes the following:
a. total number of DBH caliper inches on the site;
b. total number of DBH caliper inches to be removed;
C. total number of DBH caliper inches to be preserved;
d. location of any proposed tree mitigation;
e. any proposed tree preservation credits; and
5. a summary of the tree protection methods to be utilized.
Waiver.
1. General. The City Manager or his /her designee may authorize waivers from the provisions of this
Article when, in their opinion, undue hardship will result from requiring strict compliance. Waivers may
be granted only to items specifically stated in this section. Waivers must meet one of the following
eligibility requirements:
a. The tree is proposed for removal in order for the property to achieve compliance with other
applicable City requirements and standards (i.e. site design or storm water management); or
b. The tree is proposed for removal because it is within a future public utility location.
2. Criteria for approval. Waivers shall be evaluated using the following criteria:
(Supp. No. 5)
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a. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of
surface waters, protection of adjacent trees or windbreaks;
b. The requested waiver does not violate the intent of this section or the UDC;
C. Strict interpretation of the provisions of the section would deprive the applicant of rights
commonly enjoyed by other nearby properties in the same zoning district or with the same land
use that would comply with the same provisions;
d. A reasonable effort to preserve the tree has been made and reasonable alternatives have been
evaluated and determined to not be feasible.
3. Any decision of the City Manager or his /her designee regarding waivers to the provisions of this section
may be appealed to the Planning and Zoning Commission. When considering an appeal, the Planning
and Zoning Commission shall consider the same standards as the City Manager or his /her designee as
outlined above.
(Ord. No. 16-S-27, § 6, 8 -30 -2016; Ord. No. 17-S-40, § 1(Exh. A), 10 -24 -2017; Ord. No. 18-S-08, § 1(Exh. A), 2 -27-
2018; Ord. No. 18-S-24, § 1(Exh. A), 8 -7 -2018)
(Supp. No. 5)
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