PURPOSE.
The purpose of this Section is the preservation of mature trees and natural areas. This Section is intended to protect trees during construction, development, and redevelopment, and to control the removal of protected trees. It also establishes rules for replacement and replanting of trees which must be removed during construction. This Section shall protect any property from indiscriminate clearing and shall help maintain and enhance a positive image of the City as well as attract new business enterprises. The terms and provisions of this Section shall apply to the following real property:
A. All new subdivisions of land at the time of preliminary and/or final platting;
B. All undeveloped land at the time of replatting;
C. All un-platted and undeveloped tracts of land greater than three (3) acres;
D. All nonresidential tracts of land at the time of site plan approval.
See
§ 8.152 DEFINITIONS for associated definitions.
TREE REMOVAL PERMIT.
A. General.
No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging any protected tree that is located on a property regulated by this Section without first obtaining a tree-removal permit unless otherwise specified in this Section.
B. New Development.
Unless otherwise specified in Chapter 245 of the Local Government Code, all developments which have not submitted final plats as of the effective date of this Section shall be subject to the requirements for tree protection and replacement specified herein.
C. Residential Subdivisions.
All areas within public rights-of-way, utility easements, or drainage easements as shown on an approved final plat shall be exempt from the tree protection and replacement requirements specified herein. All other areas shall be subject to the requirements of this Section and the applicant for a tree removal permit shall indicate how protected trees may be saved.
D. Nonresidential Developments.
All areas within public rights-of-way, public utility or drainage easements as shown on an approved final plat, and the fire lanes, parking areas, and areas within twelve feet (12') of a building foundation as shown on an approved site plan shall be exempt from the tree protection and replacement requirements specified herein. All other areas shall be subject to these requirements.
E. Private Property.
1. Agricultural. Property zoned “A”, agricultural, and being actively used for agricultural purposes shall be exempt from the requirements specified herein.
F. Homeowners.
The owner of a residence who uses the residence as his/her homestead shall be exempt from the tree protection and replacement requirements of this Section as they pertain to his/her residential property.
G. Building/Contractors.
All builders who have not submitted a request for a building permit as of the effective date of this Article are subject to the requirements herein. All areas within the driveway, sidewalks, patios, septic tank and lateral lines, parking area, pool, and associated deck area and area within twelve inches (12") of the building foundation as shown on an approved plot plan shall be exempt from the tree protection and replacement requirements of this Section. All other areas of the lot shall be subject to these requirements.
EXEMPTIONS. Any franchise utility is exempt from these regulations.
PERMIT REVIEW AND APPROVAL PROCESS.
A. Authority of Review and Approval.
The Administrative Official shall be responsible for the review and approval of all requests for tree removal permits and replacements thereof. If the Administrative Official deems it necessary, he/she may require a permit request to be reviewed by the City Council.
B. Application Process.
Permits for removal or replacement of trees covered herein shall be obtained by making application on a form provided by the City, to the Administrative Official. The application shall be accompanied by a site plan, a preliminary plat or other graphic representation showing the exact location, size (trunk diameter and height), and common name of all protected trees and an indication of which trees are to be removed or replaced.
C. Fees. The application shall be accompanied by the appropriate fee, according to the fee schedule of the City of Joshua.
REQUIRED APPLICATION.
The application shall be accompanied by a written document indicating the reasons for removal or replacement of trees and a copy of a legible site plan, preliminary plat, or other graphic representation drawn to the largest practical scale showing the following:
A. Location of existing or proposed structures, improvements, and site uses, properly dimensioned and referenced to property lines, setback and yard requirements.
B. Existing and proposed site elevations, grades and major contours.
C. Location of existing or proposed utility easements.
D. Location of all protected trees on the site, to be removed or replaced as well as all trees to be protected.
E. The document shall include street address, lot and block, subdivision name, and date of preparation. The site plan shall state the name, address, and telephone number of the owner and person preparing the document if different from the applicant.
APPLICATION REVIEW.
Upon receipt of the proper application, the Administrative Official shall review the application, or if it is deemed necessary, forward the application to the City Council. Following a review and inspection, the permit will be approved, disapproved, or may be approved with conditions by the Administrative Official or the City Council.
PERMIT EXPIRATIONS.
Permits shall be valid for ninety (90) days after the issue date on the permit. Permits which are issued in conjunction with a building permit or a site plan approval, shall be valid for the same time frame as such permits are valid.
APPEAL OF ADMINISTRATIVE OFFICIAL DECISION.
Decisions of the Administrative Official may be appealed to the City Council.
TREE REPLACEMENT REQUIREMENTS.
If it is necessary to remove protected tree(s) outside the buildable area, the developer, as a condition to issuance of a tree removal permit, shall be required to replace, somewhere on the property, the tree(s) being removed with comparable trees. A sufficient number of trees shall be planted to equal, in caliper, the diameter of the trees removed. The replacement trees shall be at least (3") three inches in caliper when planted.
TREE PROTECTION.
A. Tree Protection.
During any construction or land development, the developer shall clearly mark those trees to be protected and may be required by the Administrative Official to erect “Protective Fencing - In those situations where a protected tree is so close to the construction area that construction equipment might infringe on the root system or is within 20 feet of the construction area, a protective fencing shall be required between the outer limits of the critical root zone of the tree and the construction activity area. Four feet high protective fencing shall be supported at a maximum of ten feet intervals by approved methods. All protective fencing shall be in place prior to commencement of any site work and remain in place until all exterior work has been completed. Bark Protection - In situations where a protected tree remains in the immediate area of intended construction, the tree shall be protected by enclosing the entire circumference of the tree with 2" x 4" lumber encircled with wire or other means that do not damage the tree. The intent here is to protect the bark of the tree against incidental contact by construction equipment.” protective barriers to ensure protection of said trees. The protective barriers must be maintained during all construction until the project is finished.
B. Material and Equipment Storage.
The developer shall not store any material or equipment within the critical root zone of a protected tree. During the construction stage of the development, no cleaning or storage of equipment or material shall be allowed within the drip line of a protected tree or under the canopy of the tree. Materials include but are not limited to oils, paint, solvents, mortar, asphalt, and concrete.
C. Signs. No signs, wires, or other attachments except protective barriers shall be attached to the protected trees.
D. Traffic. No vehicular traffic, construction equipment traffic, or parking shall take place within the critical root zone of a protected tree other than on an existing street pavement. This restriction does not apply to single incident access for purposes of clearing underbrush, establishing the building pad and associated lot grading, or vehicular traffic necessary for routine utility maintenance, emergency restoration of utility service or routine moving operations.
E. Grade. No grade change in excess of four (4") inches shall be allowed within the limits of the critical root zone of any protected tree unless adequate construction methods are approved by the Administrative Official beforehand.
F. Paving. No impervious paving with asphalt or concrete shall be placed within the critical root zone of a protected tree.
TREE PLANTING RESTRICTIONS.
A. Overhead Lines.
No required replacement tree shall be planted within an area where the mature canopy of the tree will interfere with overhead utility lines.
B. Underground Lines.
No required replacement tree shall be planted within an area where the mature root zone of the tree will interfere with underground public utility lines. No tree shall be planted within ten (10') feet of a fire hydrant.
ENFORCEMENT.
A. Developers Agreement.
No developer agreement shall be approved unless the agreement states that all construction activities shall meet the requirements of this Section.
B. Building Permit.
No building permit shall be issued unless the applicant signs a permit application which states that all construction activities shall meet the requirements of this Section.
