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Ord. 1108 07-14-03ORDINANCE NO. 1108 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING ORDINANCE NO. 772, TREE PROTECTION AND PRESERVATION ORDINANCE, AND ESTABLISHING NEW CRITERIA AND REGULATIONS FOR THE PRESERVATION OF TREES OF THE CITY OF PEARLAND, TEXAS, PROVIDING MINIMUM STANDARDS; PROVIDING FOR THE REPLACEMENT AND REPLANTING OF TREES THAT ARE REMOVED DURING CONSTRUCTION, DEVELOPMENT OR PRE -DEVELOPMENT; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the City Council of Pearland has determined the following: the urban forest is of great value in the maintenance of public health and welfare. The urban forest can aid in the conservation of vital energy resources and natural resources and in the preservation of the City's heritage and quality of life. Trees are a valuable amenity to the urban environment, creating greater human comfort by providing shade, cooling the air through evaporation, restoring oxygen to the atmosphere, reducing glare, reducing noise levels, providing an ecological habitat for songbirds and other animal and plant species, providing for more effective transitions between different land uses and breaking the monotony of urbanized development, pre -development, and construction. The urban forest of the City should be preserved and enhanced to the maximum extent reasonably feasible, for future generations. Mature trees, if destroyed, can be replaced only after generations of time; and WHEREAS, the City Council seeks to balance the benefits with the interest of individuals owning real property within the City who desire to exercise control over their real property; and ORDINANCE NO. 1108 WHEREAS, the City Council has determined that the best approaches for accomplishing the purposes described above involves the preservation or replacement of existing trees by the following methods: (i) avoid tree damage whenever feasible; (ii) mitigate damage when it occurs; (iii) require on -site replacement of trees that must be removed, and (iv) require off -site replacement of trees that cannot be replaced on -site, either by direct planting or through a "tree trust"; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The Code of Ordinances of the City of Pearland, Texas, is hereby amended to create a new chapter entitled "Tree Protection and Preservation" as set out in Exhibit "A", attached to this Ordinance and incorporated herein by reference for all purposes. Section 2. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. ORDINANCE NO. 1108 Section 4. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 5. Penalty. Any person, firm or corporation who shall violate or fail to comply with the requirements of any provisions of the Code herein adopted shall be deemed guilty of a misdemeanor, and shall, upon conviction by a court of competent jurisdiction, be punished as provided in Article 1, Section 10, of Exhibit "A" attached hereto. Section 6. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 7. Publication and Effective Date. The City Secretary shall cause this Ordinance, or its caption and penalty, to be published in the official newspaper of the City of Pearland, upon passage of such Ordinance. The Ordinance shall then become effective ten (10) days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. However, the ordinances in effect immediately prior to that time are continued in effect for the purposes of governing (i) offenses completely committed prior to that tenth day and (ii) any work done under permits issued in response to complete permit applications filed prior to such tenth day. For this purpose, a permit application is complete if: (a) the application form is filled out and signed, (b) both complete plans and the Tree Disposition Plan, approved by the Urban Forester (if required), are attached, and (c) the initial plan -checking fee is paid. ORDINANCE NO. 1108 PASSED and APPROVED ON FIRST READING this the 14th day of Jul A. D., 2003. ATTEST: APPROVED AS TO FORM - it( a (3,7 DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR ORDINANCE NO. 1108 PASSED and APPROVED ON SECOND AND FINAL READING this the 28th day of July , A. D., 2003. ATTEST: 1 Y+UNGII�F IGJ 'rr YS,�RETAR" APPROVED AS TO FORM �J .. rt. c4-- DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR VOTING RECORD SECOND AND FINAL READING JULY 28, 2003 Voting "Aye" - Councilmembers Owens, Marcott, and Seeger. Voting "No" — Councilmember Viktorin. Motion passes 3 to 1, with Mayor Pro-Tem Tetens absent. PUBLICATION DATE: July 30, 2003 EFFECTIVE DATE: August 9, 2003 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS Arriuiwu i Ur rUtSLI(A1 IUN The Pearland Reporter News 2404 South .Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended, was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris & Galveston Counties, for / issues; as follows: No. / Date 7 20 (n3 No. Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn :to before me this day of 20 : (�� LAURA ANN EMMONS• • • Notary Public, State of Texas • �'' .Commissiom Expires 09-09-2006 • "Laura. Ann Emmons, Publisher Notary Public, State of Texas Ordinance No. 1108 Published 07/30/03 if Published July 30, 2003 ORDINANCE NO. 1108 1 AN ORDINANCE OF THE I CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING ORDI- i NANCE NO. 772, TREE PROTECTION AND ,. PRESERVATION ORDI- 1 NANCE, AND ESTABLISH- ING NEW CRITERIA AND REGULATIONS FOR THE PRESERVATION OF TREES OF THE CITY OF ' PEARLAND, TEXAS, PRO= 1VIDING MINIMUM STAN- L F'DARDS; PROVIDING FOR THE REPLACEMENT AND REPLANTING OF TREES i THAT ARE REMOVED DUR- i ING CONSTRUCTION, DEVELOPMENT OR PRE- 1. DEVELOPMENT; PROVID- ING A PENALTY FOR VIO- LATION; HAVING A SAV- INGS CLAUSE, A REPEAL- ER CLAUSE, AND A SEV- ,ERABILITY CLAUSE; PRO- 1VIDING FOR CODIFICA- TION, PUBLICATION AND AN EFFECTIVE DATE. - Section 5. Penalty. Any person, firm or corporation who shall violate or fail to comply with the requirements of any provisions of the Code herein adopted shall be deemed guilty of a- misdd. meanor, and shall, upon con- viction by a court of compe- tent jurisdiction, be punished as provided in Article 1, Section 10, of Exhibit °A" attached hereto. PASSED and APPROVED ON FIRST READING this the 14th day of July, A. D., 2003. /s/ Tom Reid Mayor ATTEST: /s/ Young Lorfing TRMC City Secretary APPROVED AS TO FORM /s/ Darrin M. Coker City Attorney { PASSED and APPROVED ON SECOND AND FINAL READING this the 28th day ' of July, A.D., 2003. /s/ Tom Reid Mayor ATTEST: /s/ Young Lorfing TRMC City Secretary APPROVED AS TO FORM /s/ Darrin M. Coker City Attomey' VOTING RECORD SECOND AND FINAL READING JULY 28.2003 Voting "Aye"-Councilmem- bers Owens, Marcott, and Seeger. Voting "No"- Councilmember Viktorin. Motion passes 3 to 1, with Mayor Pro-Tem Tetens absent. PUBLICATION DATE: July 30, 2003 EFFECTIVE DATE: August 9.2003 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS. Tree Protection and Preservation Ordinance Ordinance No. 1108 N Adopted: July 28, 2003 City of Pearland Planning Department 3523 Liberty Drive Pearland, TX 77581 (281) 652-1768 (281) 652-1702 Fax 04/05 EXHIBIT "A" Article 1 TREE PROTECTION AND PRESERVATION Contents Section 1 — Intent 1 Section 2 — Definitions 1 Section 3 — Tree Removal Permit 3 Section 4 — Applicability 3 Section 5 — Approval Process and Administrative Procedures 3 Section 6 — Submittal Requirements 4 Section 7 — Tree Replacement Requirements 4 Section 8 — Tree Protection 5 Section 9 — Tree Planting Regulations 7 Section 10 — Violations/Enforcement 7 Section 1. INTENT: The intent of this Article is to encourage site planning which furthers the preservation of trees and natural areas by these methods; to protect trees during construction; to facilitate site design and construction which contribute to the long term viability of existing trees; to control the unnecessary removal of trees; require on -site replacement of trees that must be removed and require off -site replacement of trees that cannot be replaced on -site, either by direct planting or through a "Tree Trust". It is the further intent of this Article to achieve the following broader objectives: Protect healthy trees and preserve the natural, ecological, environmental and aesthetic qualities of the City. Protect and increase the value of residential and commercial properties within the City. Minimize the indiscriminate clear -cutting of property. Maintain and enhance a positive image for the attraction of new business enterprises to the City. Section 2. DEFINITIONS: For the purpose of this Article, certain words or terms applicable hereto are defined as hereinafter provided. Words and terms used in this Article, but not defined in this Article shall have the meanings ascribed thereto in the Land Use and Urban Development Ordinance, Landscape Ordinance, or other ordinances in the City. Words and terms defined in two ordinances shall be read in harmony unless there exists an irreconcilable conflict in which case the definition contained in this Article shall control. A. CIRCUMFERENCE: The distance around the perimeter of the tree trunk as measured four and one-half feet (4.5') above the ground using an ordinary measuring tape. For multiple -trunk trees, the trunk circumference is deemed to be equal to the circumference -of the largest trunk plus _half the :_-- circumference of each additional trunk. Measurements should be accurate to the nearest one-half inch (Ye). For conversion to diameter, the circumference can be divided by 3.142. B. CRITERIA MANUAL: The manual (attached hereto as Attachment A -and incorporated herein for all - -. purposes) to be used and interpreted by City personnel in accordance with the Tree Protection and Preservation Ordinance, for the City's urban forest preservation and enhancement. C. CRITICAL ROOT ZONE: For any given tree, the area within a circle centered on the trunk location that contains the majority of tree roots essential for tree growth and survival. The circle's diameter is one- half the sum of the broadest and the narrowest of the drip line diameters. D. DAMAGE OR DAMAGED: To "damage" a tree means to take any action which could result in a tree's death, either immediately or after a period of two years. Some examples of such action, which are not intended to limit this definition, are as follows: severing the main trunk, large branches or roots, girdling, poisoning, carving, mutilating, touching with live wires, piercing with nails or spikes, crushing 1 or exposing the roots, digging or drilling any hole larger than three cubic feet (a trench k within the Critical Root Zone, covering or compacting 25% or more of the Critical Root Zone. E. DBH - Diameter Breast Height: The distance of the width of the trunk of a tree as measured four and one-half feet (4.5') above the ground. F. -LOCATED: A tree is "located" within an area if any part of its trunk is within the area at ground level. For example, a tree positioned on the property line is considered to be located in an area or on a subject site when a portion of the trunk or root flare that is visible above ground is within the area or subject site. G. OFFICIAL: The City Manager or his/her designee. H. REMOVE: To "remove" a tree means to cut it down or remove it by any other means. I. TEMPORARY FENCING: A six foot (6') high Temporary Fence shall be installed prior to any site activity. The Temporary Fencing shall be placed to protect as much of the Critical Root Zone as possible for each tree to effectively protect and prevent persons, machinery, trash, material, and other items from occupying the Critical Root Zones of a tree or group of Protected Trees. The Temporary Fence may incorporate existing fences or walls as well as Temporary Fencing. A separate fence permit is not required for construction of a fence under this section, if a building permit for the work is in effect and a Tree Disposition Plan has been approved. J. TREE: A woody plant having one well-defined stem or trunk, a defined crown and a mature height of at least eight feet (8'). Tree species protected and/or regulated by this Ordinance are listed in Appendix A; Tree List; trees defined include: 1. PROTECTED TREE: Any Large Tree that is identified on the Protected Tree List(Appendix A) and that is located within the City; 2. LARGE TREE: Any tree with a diameter (DBH) of twelve inches (12") or more. In case a tree is removed, it is presumed to have been a Large Tree if the diameter of the stump is twelve inches (12") or greater, measured in any direction. 3. HERITAGE TREE: Any Protected Tree with a diameter (DBH) of twenty-four inches (24") or more located anywhere within the City. In case a tree is removed, it is presumed to have been a Heritage Tree if the diameter of the stump is twenty-four inches (24") or greater, measured in any direction. --- - 4. REPLACEMENT TREE/QUALIFIED TREE: Any tree included in Appendix A: Protected Tree List, with a DBH of at least two inches (2"). K. TREE DISPOSITION PLAN: Must specify how Protected Trees and Critical Root Zones will be protected from development and pre -development activity. The Tree Disposition Plan shall specify trees to be relocated, removed or replaced. For properties being platted, the Tree Disposition Plan is submitted with the final plat and must be approved before the final plat is approved.- For building permits, the tree survey and disposition plan shall be submitted with the permit application and must be approved before the permit is issued. L. TREE SURVEY: An on -the -ground survey containing the location of Protected Trees, -their diameters, types (species), and crown area (critical root zones). The Tree Survey must depict for any given Subject Site: (a) every Protected Tree located on the Subject Site, and (b) identify every Protected Tree located elsewhere which has 30% or more of its Critical Root Zone in such Subject Site. For properties being platted, the tree survey is submitted with the preliminary plat and must be approved before the preliminary plat is approved. For building permits, the tree survey and disposition plan is submitted with the permit application and must be approved before the permit is issued. 2 M. TREE TRUST FUND: A capital project fund created for the purpose of purchasing, growtng, and/or maintaining trees and associated plants within the City limits. Said fund is to be expended in conformance with a tree propagation program prepared by the Parks and Recreation Director or his designee. N. URBAN FORESTER: A resource professional, charged with the responsibility of planning, establishing, protecting, and managing trees and associated plants, individually, in small groups, and under forest conditions within the City, with full authority to enforce Ordinance No. 1108 of the Code of Ordinances of the City of Pearland ("Tree Protection and Preservation Ordinance") for violations of the same. Section 3. TREE REMOVAL PERMIT: No person directly or indirectly shall cut down, remove, move, or destroy through damaging the roots, trunk or canopy, any tree situated on property regulated by this Article without first receiving authorization from the City Manager or his/her designee and submitting a Tree Survey and Tree Disposition Plan; unless otherwise exempted by the provisions of Section 4.B. of this Article. Section 4. APPLICABILITY: A. The terms and provisions of this Ordinance shall apply to all real properties, persons and trees located within the City. B. Exemptions: Public utilities working in dedicated and accepted easements, right-of-way, or floodways, and trees that are located on a lot of record that is ten (10) acres or Tess and on which a single family home exists. Section 5. APPROVAL PROCESS AND ADMINISTRATIVE PROCEDURES: The City Manager or his/her designee is responsible for the review and approval or disapproval of all Tree Disposition Plans. The plan shall be submitted in accordance with the requirements specified herein. A. Residential and Commercial Subdivision Plats: The City Manager or his/her designee must be able to determine from a review of the Tree Disposition Plan, survey, grading and drainage plans the following: 1. Protected Trees which are to be removed. 2. The extent of tree replacement in accordance with Section 7.- 3. After review and approval by the Urban Forester, final approval of the subdivision plat by the Planning and Zoning Commission shall constitute approval of a Tree Disposition Plan for the street and utility construction phase of the subdivision. _ . B. Building Permits Not Requiring Platting: The City Manager or his/her designee shall review building permits and applications for Tots not requiring platting. 1. No building permit shall be issued unless the applicant signs an application or permit request which states that all construction activities shall meet the requirements of the Tree Protection and Preservation Ordinance. 2. If the application is made in conjunction with a site plan submitted for approval, the application will be considered as part of the site plan and no permit shall be issued without site plan approval. C. Appeals: Any decision made by the City Manager or his/her designee with regard to the Tree Disposition Plan may be appealed by any party to the Planning and Zoning Commission. All actions of the Commission are final. D. Permit Validity: Tree Disposition Plans accepted in connection with a building permit, subdivision plan and site plan shall be valid for the period of the building permit or site plan validity. Section 6. _ SUBMITTAL REQUIREMENTS: The City Manager or his/her designee shall establish administrative procedures necessary to facilitate the implementation and enforcement of this Article. These procedures shall include the following: A. Tree Disposition Plan / Tree Survey: Must be submitted and approved prior to the removal or destruction of any tree. B. An application involving a limited portion of a site may be based on an exhibit showing only that portion of the site. C. Aerial photograph interpretation may supplant the ground survey for preliminary analyses of large scale developments, such as subdivisions, utility corridors, and golf courses, at the discretion of the City. Large scale developments are also required to include impact areas where existing trees are located. D. The items required on a submitted exhibit: 1. Title Block: Includes street address; legal description (lot and block, subdivision name); date or revised date, north arrow, graphic and written scale; name, address, telephone number of owner or person preparing the exhibit. 2. Location of all existing or proposed structures, improvements and site uses including pavement and landscaping, setbacks, easements and service connections, all property dimensions with references to property lines. 3. Location of all existing Protected Trees, graphically differentiating between the trees to remain and those to be removed. Trees located beyond the Subject Site with 30% or more of the Critical Root Zones located within the Subject Site shall also be included. A plus (+) character shall indicate trunk location and concentric circle shall indicate the size and canopy configuration. 4. Proposed general areas or locations of the Replacement Trees. 5. A list of all Protected Trees, including species, trunk diameter and condition. 6. A list of all off -site Protected Trees where Critical Root Zones will be impacted. E. Tree information required shall be summarized in legend form on the plan and shall include: 1. Protected Trees to be removed. 2. Total diameter inches of Protected Trees, which are to be removed. 3. Replacement Trees listed by species name, quantity, size and total diameter required for replacement of trees. (See Appendix A; Tree List). F. Tree protection notes and details shall be included on site plans, subdivision plans or landscape plans and always included with the bid documents given to the contractor. Section 7. TREE REPLACEMENT REQUIREMENTS: In the event that ins necessary to remove a Protected Tree, the applicant, as a condition to issuance of a building permit, shall be required to replace the tree(s) being removed with replacement trees as defined herein. This mitigative measure is not meant to supplant good site planning. A. Tree Replacements Required 1. The owner and the homebuilder/developer of any lot or tract of land that removes or has removed any Protected Tree twelve inches (12") in diameter (37.68" in circumference) and -up to twenty-four inches (24") in diameter (75.36" in circumference), according to the tree survey made a part of a building permit application or plat submittal, shall be required to replace each such tree removed with an approved tree planted on the lot or tract which is no less than two inches (2") in diameter (6.28" in circumference). Planted trees shall be any of the tree species listed on the Tree Replacement Tree List in Appendix A of the Criteria Manual. The total number of replacement inches which must be replaced in accordance with this Paragraph is 50% of the total number of diameter inches removed. The owner and the homebuilder/developer of any lot or tract of land that removes or has removed any Heritage Tree greater than twenty-four inches (24") in diameter (75.36" in circumference) and up to thirty-six (36") in diameter (113.04 in circumference), according to the tree survey made apart of a building permit application or plat submittal, shall be required to replace each tree removed with an approved tree planted on the lot or tract which is no less than two inches (2") in diameter (6.28" in circumference). Such planted trees shall be any of the tree species listed on the Tree Replacement Tree List in Appendix A of the Criteria Manual. The total number of replacement inches which must be replaced in accordance with this Paragraph is 100% of the total number of diameter inches removed. 3. The owner and the homebuilder/developer of any lot or tract of land that removes or has removed any Heritage Tree greater than thirty-six inches (36") in diameter (113.04" in circumference), according to the tree survey made apart of a building permit application or plat submittal, shall be required to replace each tree removed with an approved tree planted on the lot or tract which is no less than two inches (2") in diameter (6.28" in circumference). Such planted trees shall be any of the tree species listed on the Tree Replacement Tree List in Appendix A of the Criteria Manual. The total number of replacement inches which must be replaced in accordance with this Paragraph is 150% of the total number of diameter inches removed. 4. A sufficient number and diameter of Replacement Trees shall be planted on the subject site in order to equal the total diameter inches, as determined above. If this is and feasible, maintain the permittee may, upon approval by the City Manager or his designee, plant off - site Replacement Trees in accordance with Section 9. B. Tree Trust Fund 1. The owner or developer of any lot or tract of land required to replace trees in accordance with this section may, as an alternative and, upon approval by the Urban Forester, pay a mitigation fee into the Tree Trust Fund under the following conditions: a. Residential and Commercial Plats: Payment to the Tree Trust Fund must be received by the City prior to the submission of the final plat for Planning and Zoning Commission approval. b. Building Permits Not Requiring Platting: Payment to the Tree Trust Fund must be received by the City prior to the issuance of a building permit. 2. The fee paid into the Tree Trust Fund shall be periodically adjusted by the Director of Parks and Recreation or his designee as the market value of replacement trees warrants. 3. This mitigation method is not meant to supplant the replacement method and shall only be implemented upon approval of the City Manager or his designee after it has been determined that replacement mitigation is not feasible. Section 8. TREE PROTECTION: A major purpose of this Article is to protect all 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 trees. _-- The following procedures are deemed appropriate in the situations noted; however, unique circums tan_ces may allow modifications if deemed necessary by the City Manager or his/her designee. A. Prohibited Activities: The following activities shall be prohibited within the Critical Root Zone of any Protected Tree which 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 the Critical Root Zone of any tree. 5 2. _ Equipment Cleaning/Liquid Disposal: No equipment may be cleaned or other liquids deposited within the Critical Root Zone of any tree. This would include but 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 al protective nature shall be attached to any tree. 4. Vehicular Traffic: No vehicle, construction equipment or parking is allowed within the Critical Root Zone of any tree. 5. Trespass into protective fencing is prohibited. B. Pre -Construction Activities: The following procedures shall be followed prior to construction. 1. Tree Flagging: All Protected Trees to be removed from the construction site shall be flagged with bright red vinyl tape wrapped around the main trunk and painted with and orange "X" at a height of four feet (4') or more. Tape and paint must be visible to workers on foot or operating heavy equipment. 2. Protective Fencing: Unless otherwise specified in the applicable Tree Disposition Conditions, each Protected Tree to be preserved must be fenced during Development or Pre - Development Activity. (a) Fencing Criteria. The Tree Disposition Plan shall specify protective fencing of the Critical Root Zone whenever reasonably practicable, unless a different area is prescribed in accordance with the Criteria Manual. Unless the Tree Disposition Conditions specify otherwise: (i) a six foot (6') or higher fence must surround each Protected Tree or group of Protected Trees, effectively preventing persons, machinery, trash, material and other items from occupying the area within the protective fencing; (ii) the fence must be constructed of durable, high visibility materials supported on poles or fence posts set firmly in the ground; (iii) the fence must be able to resist intrusions and impacts likely to be encountered on a construction site; (iv) the fence may incorporate existing fences or walls as well as Temporary Fencing; and (v) each fence must display a prominent bilingual warning sign as set forth in the Criteria Manual. (b) Fence Permit. A separate fence permit is not required for construction of a fence under this section, if a building permit for the work is in effect and a Tree Disposition Plan has been approved. (c) Trash, Storage Prohibited. It shall be unlawful for any person to use the area within the protective fencing, required by this section, for trash disposal, storage, vehicle parking or any other use that could adversely affect tree roots. 3. Trunk Protection: In situations where a Protected Tree remains within six feet (6') of the intended construction, the tree shall be protected by enclosing the entire circumference of the tree's trunk with lumber encircled with wire or other means that does not damage the tree. 4. Construction Pruning: In cases where a tree has a low canopy or limbs may be broken during the course of construction, the obtrusive limb(s) may be cut. Trees must be pruned according to the specifications set forth by ANSI A300. - -. Mulch: In Critical Root Zone areas where vehicles or equipment must pass, the addition of six inches (6") of shredded mulch or wood chips covered by a layer of three-quarter- inch (3/4") plywood is necessary to reduce the risk of severe soil compaction. The mulch and -- plywood shall be spread on -site or removed following the completion of the project. - Trees which are being protected should receive supplemental water during times 6f drought or low rainfall. As a rule of thumb a weekly application of approximately fifty gallons (50) of water per one -inch (1 ") diameter applied slowly to the root zone will be sufficient. - _-- - ----- C. Improvement Within the Critical Root Zone of a Protected Tree: Design constraints dictate that trees -- slated for preservation have some encroachment on their Critical Root Zone. The following is the minimum design criteria which is allowed within the Critical Root Zone of a Protected Tree. Development exceeding the criteria would put the tree at risk and therefore it could no longer be considered a Protected Tree. In such a case, Replacement Trees shall be required. 1. _ Grade Changes: In the event that grade changes must be made around a Protected Tree or group of trees, the following shall be implemented in order to maintain oxygen -and water exchange within the tree's Critical Root Zone. (a) A minimum of seventy-five percent (75%) of the Critical Root Zone shall be preserved at natural grade with natural ground cover or landscaping for the tree to be considered a Protected Tree. (b) No cut or fill greater than two inches (2") shall be located closer to the tree trunk than one half (1/2) of the radius of the Critical Root Zone radius distance. (c) Increase Grade: Soil grade within the Critical Root Zone of trees should not be increased more than two to three inches (2-3") using clean bank sand. Any increase above this can be detrimental to the tree. Any attempts to protect trees from the detrimental effects of increased grade, must be approved by the City Manager or his/her designee. 2. Boring of Utilities: Boring may be permitted under Protected Trees in certain circumstances. The minimum length of the bore shall be the width of the tree's Critical Root Zone and shall be a minimum depth of forty-eight inches (48"). 3. Trenching: Irrigation systems shall be designed to avoid trenching across the Critical Root Zone of any Large Tree. 4. Paving: A maximum of twenty five percent (25%) of the Critical Root Zone of a Protected Tree may be covered with impervious material. The pavement and the cut and fill for the pavement shall not exceed one-half (1) of the Critical Root Zone radius distance. Section 9. TREE PLANTING REGULATIONS: A. Off -Site Planting of Replacement Trees: Replacement Trees should be planted on the site or easement from which the existing trees are to be removed. Subject to the approval of the City Manager or his designee, an applicant may initiate a proposal to plant trees off -site. B. Easements and Rights -of -Way: 1. The location of Replacement Trees shall not be in an area such that the mature canopy or roots of the tree will interfere with any public utility. 2. All Replacement Trees shall be planted no less than ten feet (10') from fire hydrants. 3. Any Replacement Tree planted in a median must be located no less than six and one-half (6.5')_ _ feet from the curb. - 4. Any Replacement Tree planted in the City's right-of-way must be located no less than one hundred (100') feet from an intersection and no Tess than fifty (50') feet from a mid -block opening. C. Replacement Trees shall be planted prior to the issuance of the Certificate of Occupancy or project release. Optimum planting times do not always correspond with project completion. For that reason, Replacement Tree plantings may take place after the project is released by the City; provided, that before the issuance of a certificate of occupancy, a fiscal security is posted in the amount equal to the prevailing -: rate for replacement trees with a one (1) year guarantee, plus fifteen percent (15%) to cover _-- administrative cost. -- — —._ Section 10. VIOLATIONS / ENFORCEMENT A. Conditions: It shall be unlawful for any person who applies for or receives a permit regulated by this Article to fail or refuse to comply with a condition of the permit or this Article. Any related permit for the building site in question may be withheld until the condition is complied with to the satisfaction of the City Manager or his/her designee or any other City staff members who are called upon to enforce this Article. 7 B. Immediate Shutdown: Violations of this Article may cause the immediate cessation of all v ork on the property until the violation is remedied or the builder agrees to replace damaged trees, if the damage is likely to cause the ultimate death of the tree. C. Inspection: The City Manager or his designee shall monitor for compliance of the Tree Protection and Preservation Ordinance and have the authority to shut down a job for infractions. Protective fencing shall be inspected prior to construction. D. Penalty Clause: Any person, firm, or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon final conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) for each offense. Each day and each tree that is removed in violation of this chapter shall constitute a separate offense. But in the event any person, firm or corporation violates any of the provisions of this Ordinance or fails to comply therewith, the City of Pearland, in addition to imposing the penalties above provided, may institute any appropriate action or proceedings in court to prevent, restrain, correct, or abate or to prevent any illegal act pertaining to trees protected by this Ordinance; and the definition of any violation of the terms of this Ordinance as a misdemeanor, shall not preclude the City of Pearland from invoking the civil remedies given it by law in such cases; but same shall be cumulative of and in addition to the penalties prescribed for such violation. E. Affirmative Defenses: It shall be an affirmative defense to prosecution under this Article that: (i) immediate action to remove the tree(s) in question was necessary to prevent harm to persons or property, (ii) an appropriate Tree Disposition Plan had been filed and approved, (iii) there was full compliance with all conditions of the Tree Disposition Plan. 8 CRITERIA MANUAL CITY OF PEARLAND, TEXAS July 2003 • TABLE OF CONTENTS 1. TREE DATA FOR TREE SURVEY OR TREE DISPOSITION PLAN "1 1.1 REQUIRED DATA FOR TREE SURVEY OR TREE DISPOSITION PLAN 1 1.1.1 Location 1 1.1.2 Circumference 1 1.1.3 Type (Species) 1 1.1.4 Critical Root Zone, Crown 1 1.2 RECOMMENDED ADDITIONAL FIELD DATA 1 1.2.1 Condition 1 1.2.2 Spot Elevation 1 1.3 PLAN GRAPHICS 1 1.3.1 Trunk Location 2 1.3.2 Critical Root Zone (CRZ); Crown, Retained Trees 2 1.3.3 Sizes and Types 2 2. TREE PRESERVATION MEASURES 2 2.1 TREE PRESERVATION CRITERIA 2 2.1.1 Critical Root Zone Impacts 2 2.1.2 Crown Impacts 2 2.1.3 Deviations from Criteria 2 2.1.4 Soil Compaction 3 2.2 UTILITIES 3 3. MITIGATIVE MEASURES AND REPLACEMENT TREES 3 3.1 MITIGATIVE MEASURES 3 3.1.1 Tree Maintenance 3 3.1.2 Special Construction Techniques 4 APPENDIX A: TREE LIST APPENDIX B: WARNING SIGN FOR TREE PROTECTION FENCES 4 IMPORTANT NOTICE This manual is to be used and interpreted in accordance with the City's Ordinance on urban forest preservation and enhancement. Unless the context indicates that another meaning is intended, terms used in this manual have the same meanings as in said Ordinance. 1. TREE SURVEY STANDARDS 1.1. REQUIRED DATA FOR TREE SURVEY OR TREE DISPOSITION PLAN Required Tree Data for a Tree Survey or Tree Disposition Plan must be obtained from an on -the- ground survey. The data that must be obtained in the field are tree locations, trunk circumferences, types (species), and crown area (Critical Root Zone), as explained below: 1.1.1 Location Tree Surveys must be as accurate as possible, but need not be certified. Levels of inaccuracy that will result in a failure to comply with the City Ordinance and construction specifications may necessitate new surveys and plan adjustments prior to permit approval. Trees on City easements adjoining the site must be surveyed. Trees with 30% or more of their Critical Root Zones extending onto an affected Subject Site or project easement must be surveyed. Trunk locations of off -site trees may be estimated to avoid trespass problems. Methods for locating trees may vary depending on the size of the project and number of trees. In most cases, measuring the distance to the center of the trunk from two (2) known points is a viable option. 1.1.2 Circumference The distance around the perimeter of the tree trunk as measured four and one-half feet (4.5') above the ground using an ordinary measuring tape. For multiple -trunk trees, the trunk circumference is deemed to be equal to the circumference of the largest trunk plus half the circumference of each additional trunk. Measurements should be accurate to the nearest one-half inch (Yz"). For conversion to diameter, the circumference can be divided by 3.142. 1.1.3 Type (Species) Tree types should be accurate to the species level and may be listed by common names or botanical names (e.g. Post Oak or Quercus stellata.) Good field references for Houston are: Texas Trees: a Friendly Guide, by Paul W. Cox and Patty Leslie (available from Chickadee Nature Store, 713-956-2670); Trees for Texas Resource Guide, available from the Texas Department of Agriculture, 512-463-7504; Field Guide to Texas Trees, by Benny J. Simpson; and Trees, Shrubs and Woody Vines of East Texas, by Elray Nixon. 1.1.4 Critical Root Zone; Crown The Critical Root Zone (CRZ) means, for any given tree, the area within a circle centered on the trunk location. The circle's diameter is one-half the sum of the broadest and the narrowest drip line diameters. (See Figure 1 b, attached). The Critical Root Zone and crown information will be useful in assessing the impact of projected construction. 1.2 RECOMMENDED ADDITIONAL FIELD DATA 1.2.1 Condition • This is one of the principal factors in determining whether a tree should or should not be preserved. Surveyors should not speculate about the condition of the trees unless they have the necessary credentials; however, if a tree is obviously in poor condition, it should be noted. 1.2.2 Spot Elevation Taking an elevation reading near the trunks of some trees will provide valuable information for project designers. Since grade changes have a very destructive impact on trees, it is important to get the most accurate information possible. 1.3 PLAN GRAPHICS The standard tree graphics discussed below are important to provide consistent information in the most useful format for an efficient plan review. See Figure 2 for examples of tree graphics. 1.3.1. Trunk Location The trunk location on the plan must represent the center of the trunk at ground level. If the tree leans substantially above that point, show the direction of the lean with an arrow. 1.3.2. Critical Root Zone (CRZ); Crown; Retained Trees Trunk locations of trees proposed to be retained are to be represented by solid circle, while trees proposed to be removed are to be represented by unfilled circle. Proposed replacement tree locations are to be represented by a solid star. Refer to Figure 2. The critical root zone should be indicated by a circle centered on the trunk. If the crown is significantly skewed or irregular, show also a circle with a radius in feet equal to the diameter of the tree in inches or per measurement of crown area whichever is greater. The actual crown may also be shown if it is skewed and will have a significant impact on construction. Note that the actual amount of critical roots for any tree will depend upon many factors. (See Section 2.2.1. Root Zone Impacts). 1.3.3. Sizes and Types Tree circumferences and types must also be shown in the plan. This information should be shown adjacent to each trunk location. For sites with a large number of trees, this data should be shown in a legend form referenced by a tree number adjacent to each trunk location. Legends can be useful because they allow for the presentation of other data such as crown configuration, height, condition, etc. 2. TREE PRESERVATION MEASURES 2.1 TREE PRESERVATION CRITERIA 2.1.1 Critical Root Zone Impacts Although a tree's root system ranges well beyond the drip line, for the practical purposes of this Criteria Manual and the Ordinance, the Critical Root Zone (CRZ) has been established. Because existing development on a site may affect the actual distribution of tree roots, the Urban Forester may require protection of areas outside the CRZ. Likewise, the Urban Forester may determine that it is not necessary to protect areas within the CRZ where they may be few, if any, significant roots. For example, a tree growing next to a house, on a slab, will not normally have as many significant roots beneath the slab as the side of the root system growing without the covering of a non -porous surface. This will allow new buildings to be erected on the site of the old slab near a tree to be preserved. Design constraints often dictate that trees slated for preservation have some encroachment on their CRZ. Weighing this fact with what appears to be an acceptable degree of risk to most trees, the following maximum allowable impacts have been established for trees with normal CRZs. ■ A minimum of 75% of the CRZ must be preserved at natural grade, with natural ground cover. ■ No cut or fill greater than two (2) inches will be located within the inner 3/ of the CRZ. ..._ In order to ensure that root zones are adequately preserved, protective fencing should be erected to enclose the area with significant roots. Root areas that will be covered with permeable paving must be protected by fencing until the immediate time for construction of the permeable paving. If this is not possible (due to limited access to the site), mitigative measures must be taken to protect the roots as much as possible. (See Section 3.1.2). 2.1.2 Crown Impacts A maximum of 25% of the viable portion of a tree's crown may be removed. 2.1.3 Deviations from the Criteria These criteria represent minimum standards for determining whether or not a tree is "preserved." Greater impacts may be allowed, provided that all design alternatives have been proven unfeasible and that some acceptable form of mitigation such as a remedial care program is negotiated. (See Section 3.1.1). Conversely, some cases may require that a larger area of root area be preserved to increase the survival potential of particularly valuable trees. s as on the plan. Plan ustments made during Thesedesign be reviewed and approved bytheCity's IIU ban Forester prior tol mustld the adjustments being construction made. 2.1.4 Soil Compaction The new grade within the CRZ should not be compacted to grade, but allowed to settle over time. New grade may be mulched with 2 to 4 inches of pine bark mulch. 2.2 Utilities Underground water and sewer lines, storm sewer, electrical and lawn irrigation systems have significant impact on trees, as do overhead electrical and telephone lines. Some typical design alternatives that should be considered are: • Establish the trenches for underground utilities where they will have the least impact on trees. • Stack underground utility lines to reduce the number of trenches required. • Bore or tunnel under trees to minimize root impacts. (See Figure 5). • Hand -dig trenches to preserve roots one inch (1") in diameter and larger. • When planting trees, plant low -growing trees under power lines. • Existing underground structures within the Critical Root Zone of any tree should remain in place, unless removal is necessary for installation of new structure. 3. MITIGATIVE MEASURES AND REPLACEMENT TREES Many of the existing trees in the City grow very slowly, making preservation very critical in order to avoid Tong -term impacts. At the same time, land is at a premium, and there is considerable pressure to build on as much land as possible. In many cases, it will be difficult to meet the above minimum standards, in which case, the Urban Forester may specify that replacement trees be planted or that special mitigative measures be taken to protect existing trees. 3.1 MITIGATIVE MEASURES To protect Large trees in cases in which it is not possible to meet the minimum design criteria, the Urban Forester may stipulate mitigative measures. Some of these mitigative measures include: 3.1.1 Tree Maintenance A remedial care program can increase the survival potential to an acceptable level in many cases. The City's Urban Forester must review the remedial care program to estimate whether it will accomplish what is necessary to maintain the viability of affected trees. Such a program might include schedules for watering, fertilizing, soil aeration, spraying, etc. Tree Maintenance should include the following: • Water all trees most heavily impacted by construction activities deeply once a week during___:__ periods of hot, dry weather. As a rule of thumb, a weekly application of approximately 50 gallons of water per one inch diameter applied slowly to the root zone will be sufficient. • Paint wounds (including limb pruning and root trimming) on oaks immediately with an -"- acceptable non -toxic pruning paint labeled for horticultural use to decrease the incidence Oak Wilt disease. • Spray tree crowns with water periodically to reduce dust accumulation on the leaves. To ensure compliance, the program must be documented by a plan note at the time of plan approval. In addition, prior to issuance of a certificate of occupancy, a person may be required to submit in especially critical cases the following: • A signed service contract for review and approval by the City, and • Fiscal security in an amount equal to the going rate for the approved service. These measures are necessary because the remedial care program must typically extend over a minimum 18-24 month period after completion of the project. 3 APPENDIX A: PROTECTED TREE LIST REPLACEMENT TREES: Minimum Criteria for replacement trees — DBH of at least two inches (2") measured six inches (6") above grade. Botanical Name Acer Barbatum, rubrum Carya spp. Ilex opaca Liquidamber Styraciflua Magnolia spp. Quercus spp. Taxodium spp. Ulmus spp. Juglam Nigra Fraxinus Pennsylvanica Pistacia Chinensis Common Name Red Maple Hickory, Pecan American Holly Sweet Gum Magnolia species Oak species Cypress species Elm species Black Walnut Green Ash Chinese Pistache 4 APPENDIX:B: WARNING SIGN REQUIRED FOR TREE PROTECTION FENCING TREE PROTECTION FENCING Required by Code of Ordinances City of Pearland DO NOT REMOVE FENCE OR SIGN! FINE UP TO $500. JOB MAY BE SHUT DOWN CERCAS PARA PROTECCION de ARBOLES Require por Ordenaciones de la Ciudad de Pearland (FAVOR DE NO REMOVER! MULTA DE: HASTA $500. TRABAJO PEUDE SER TERMINADO. 5 lel INN EXHIBIT "A" Article 1 TREE PROTECTION AND PRESERVATION Section 1 . INTENT: The intent of this Article is to encourage site planning which furthers the preservation of trees and natural areas by these methods; to protect trees during construction; to facilitate site design and construction which contribute to the long term viability of existing trees; and to control the unnecessary removal of trees; require on -site replacement of trees that must be removed and require off -site replacement of trees that cannot be replaced on -site, either by direct planting or through a "Tree Trust". It is the further intent of this Article to achieve the following broader objectives: Protect healthy trees and preserve the natural ecological environmental and aesthetic qualities of the City. Protect and increase the value of residential and commercial properties within the City. Prohibit the indiscriminate clear cutting of property. Maintain and enhance a positive image for the attraction of new business enterprises to the City. Section 2. DEFINITIONS: For the purpose of this Article, certain words or terms applicable hereto are defined as hereinafter provided. Words and terms used in this Article, but not defined in this Article shall have the meanings ascribed thereto in the Land Use and Urban Development Ordinance, Landscape Ordinance, or other ordinances in the City. Words and terms defined in two ordinances shall be read in harmony unless there exists an irreconcilable conflict in which case the definition contained in this Article shall control. A. BUILDABLE AREA: The portion of a building site which excludes the required yard areas on which a structure or building improvements may be erected, including the building pad, driveway and pool, as shown on the building permit site plan. B. BUILDING PAD: The actual foundation area of a building and a twelve foot (12') area around the foundation necessary for construction and grade transitions. C. CIRCUMFERENCE: Is measured four and one-half feet (4.5') above the ground using an ordinary tape measure or diameter tape. Measurement is taken just above or below any unusual swells in the trunk, as closely as possible to the four and one-half foot (4.5') level. For Multiple -Trunk trees, the trunk circumference is deemed to equal the circumference of the largest trunk plus half the circumference of each additional trunk. Measurements should be accurate to the nearest one-half inch (1 /2"). D. CRITERIA MANUAL: The manual to be used and interpreted by City personnel in accordance with the Tree Protection and Preservation Ordinance (attached hereto as Attachment A and incorporated herein for all purposes), for the City's urban forest preservation and enhancement. E. CRITICAL ROOT ZONE: The area within the drip line of the tree. As a practical matter, this is the acute portion of the tree's root system. Approximately 99% of the tree's root mass occurs within the top three feet (3') of the soil and most of the fine feeder roots which collect moisture and nutrients are located in the top four inches (4") of the soil. Typically, a tree's root system extends as much as two to three times the distance from the trunk to the drip line. F. DAMAGE OR DAMAGED: To "damage" a tree means to take any action which could result in a tree's death, either immediately or after a period of 2 years. Some examples of such action, which are not intended to limit this definition, are as follows: severing the main trunk or large branches or roots, girdling, poisoning, carving, mutilating, touching with live wires, piercing with nails or spikes, crushing or exposing the roots, digging or drilling any hole larger than three cubic feet (a trench) within the Critical Root Zone, covering a substantial part of the Critical Root Zone or compacting a substantial part of the soil in the Critical Root Zone. G. DBH - Diameter Breast Height: The diameter of the tree measured four and one-half feet (4.5') above the ground using a diameter tape. H. DRIP LINE: An imaginary circle drawn around a tree, extending the same distance outward from the trunk to the trees branch limit. I. LOCATED: A tree is "located" within a given Buildable Area if any part of the trunk or Critical Root Zone is within the Buildable Area at ground level. J. OFFICIAL: The City Manager or his/her designee. K. QUALIFIED TREE: Any tree listed in Class I or II of the Criteria Manual which has a trunk diameter of at least two inches (2"), measured six inches (6") above ground. 2 L. TEMPORARY FENCING: It shall be the duty of each person who applies for a building permit for construction or for any major development to provide Temporary Fencing in accordance with this Article. The Tree Disposition Plan shall specify protective fencing of the Critical Root Zone whenever reasonably practicable. Unless the Tree Disposition Plan specifies otherwise: (a) a six foot (6') high fence must surround each protected tree or group of protected trees, effectively preventing persons, machinery, trash, material, and other items from occupying the area within the protective fencing, and (b) the fence may incorporate existing fences or walls as well as Temporary Fencing. A separate fence permit is not required for construction of a fence under this section, if a building permit for the work is in effect and a Tree Disposition Plan has been approved. M. TREE: A woody plant having one well-defined stem or trunk, a defined crown and a mature height of at least eight feet (8'). Trees defined, protected and/or regulated by this Ordinance are classified as Class I and Class II trees as set forth in the Criteria Manual attached hereto. (1) Large Tree means a tree with a circumference of nineteen inches (19") or more. In case a tree is removed, it is presumed to have been a Large Tree if the diameter of the stump is six inches (6") or greater, measured in any direction. (2) Multiple Trunk Tree means a tree with two (2) or more trunks visibly connected above the ground. (3) Replacement Tree means any tree meeting the minimum criteria for Replacement Trees as set out in the Criteria Manual. (4) Significant Tree means a tree with a circumference of thirty-six inches (36") or more. In case a tree is removed, it is presumed to have been a Significant Tree if the diameter of the stump is twelve inches (12") or greater, measured in any direction. (5) Heritage Tree means a Significant Tree located on a state designated historical site, within the Old Town Site, or within the flood plain. (6) Protected Tree means: (a) any tree within: (I) the front yard or front of the building site, (ii) the side yard (of corner sites), (iii) right-of-way area 3 (b) Any Significant Tree within the City (c) When there is a permit in effect for development or pre - development activity on any subject site, "Protected Tree" includes all Large Trees located on that subject site. N. TREE DISPOSITION PLAN: Specifies how Large Trees and Critical Root Zones will be protected from development and pre -development activity. It may specify Large Trees to be relocated, removed, or replaced. The Tree Disposition Plan must depict for any Buildable Area: (a) every Large Tree located in the Buildable Area, and (b) every Large Tree located elsewhere which has 30% or more of its Critical Root Zone in such Buildable Area. 0. TREE SURVEY: A Tree Survey is an on -the -ground survey containing the location of trees, their circumferences, types (species), and crown areas (drip line). The Tree Survey must depict for any given Buildable Area: (a) every Large Tree located in the Buildable Area, and (b) every Large Tree located elsewhere which has 30% or more of its Critical Root Zone in such Buildable Area. P VISIBILITY TRIANGLE: The area at a street corner lying within a triangle beginning at the precise intersection point of the curbs of each of the two streets forming the corner and extending twenty feet (20') along each curb line away from the curb intersection point, with the third side being determined by drawing a straight line connecting the ends of such twenty foot (20') extensions. If there is no curb on such a street, the twenty foot (20') line shall follow the central flow line of the ditch paralleling the uncurbed street. The Visibility Triangle may include both public and private property. Q. URBAN FORESTER: A resource professional, charged with the responsibility of planning, establishing, protecting, and managing trees and associated plants, individually, in small groups, and under forest conditions within the City, with full authority to enforce Ordinance No. 772 of the Code of Ordinances of the City of Pearland ("Tree Protection and Preservation Ordinance") for violations of the same. R. TREE TRUST: A capital project fund created for the purpose of purchas- ing, growing, and/or maintaining trees and associated plants within the City limits. Said fund is to be expended in conformance with a tree propagation program drafted by the Urban Forester and approved by City Council, annually. 4 Om MI .116 N MI MN WM Section 3. TREE REMOVAL PERMIT: No person directly or indirectly shall cut down, destroy, remove, move, or destroy through damaging the roots, trunk or canopy, any tree situated on property regulated by this Article without first submitting a Tree Disposition Plan and a Tree Survey, unless otherwise exempted by the provisions of Section 4. B. of this Article. Section 4. APPLICABILITY: The terms and provisions of this Ordinance shall apply to real properties, persons and trees as follows: A. Properties which are regulated by this Ordinance: 1 . Any real property for which a final plat has not been submitted on the date of acceptance of this Article. 2. Any real property for which a permit to construct has not been issued on the effective date of acceptance of this Article. 3. Any real property located within the Old Town Site, the flood plain, or which has been designated by the State of Texas as an historical site. 4. All municipal/public domain property. B. With the exception of those persons who own or control real property located within the Old Town Site, the flood plain, or an historical site, duly designated as such by the State of Texas,* the following persons are exempt from the provisions of this Article only to the extent of their control over the particular class of properties and trees described below. Persons exempt from the provisions shall not be required to submit a Tree Disposition Plan or Tree Survey in the circumstances described. 1 . An employee of a public utility or an authorized contractor working in a dedicated public right-of-way, drainage or utility easement may in the course of business, remove or prune that portion of a tree which prohibits the safe construction, repair or maintenance of a service line or facility. Trees must be pruned according to specifications set forth by the National Association of Arborists. 2. The resident of a single family home may remove all or a portion of a tree which exists on the lot of record on which the single family home is built. * Those persons who own or control real property located within the Old Town Site, the flood plain, or an historical site, duly designated as such by the State of Texas, are exempt from the provisions of this Article and shall not be required to submit a Tree Disposition Plan or Tree Survey to the extent that said owners may trim branches of Heritage Trees so long as said branches are less than or equal to one inch (1 ") in diameter. The trimming of branches of Heritage Trees larger than one inch (1 ") in diameter require prior approval of the City's Urban Forester in accordance with this Ordinance. Additional alterations to Heritage Trees, including but not limited to the removal of same, shall be regulated by this Ordinance. 3. All persons involved in the planting or transplanting of trees shall be exempt from the terms and provisions of this section only in relation to those trees planted and grown for the sale or intended sale to the general public. 4. Any person may remove all or a portion of a tree which has disrupted a public utility service due to tornado, storm, flood, or other act of God, but only that portion of the tree which is necessary to safely restore normal utility service. 5. Any person may, after appropriate documentation and following the City's expeditious approval, remove all or a portion of a tree which poses a hazard or harm to persons or property directly adjacent to same tree. Section 5. APPROVAL PROCESS AND ADMINISTRATIVE PROCEDURES: The City Manager or his/her designee is responsible for the review and approval or disapproval of all Tree Disposition Plans. The plan shall be submitted in accordance with the requirements specified herein. A. Residential Subdivisions: The City Manager or his/her designee shall determine from a review of the Tree Disposition Plan, survey, grading and drainage plans the following: 1 . The trees outside of the exempted areas of right-of-way, easement and Buildable Area which are slated for removal. 2. The extent of tree replacement in accordance with Section 7. 3. Final approval of the subdivision plat by the Planning and Zoning Commission shall constitute approval of a Tree Disposition Plan for the street and utility construction phase of the subdivision. 6 B. Platted Lots: The City Manager or his/her designee shall review building permits and applications for platted lots. 1 . No building permit shall be issued unless the applicant signs an application or permit request which states that all construction activities shall meet the requirements of the Tree Protection and Preservation Ordinance. 2. If the application is made in conjunction with a site plan submitted for approval, the application will be considered as part of the site plan and no permit shall be issued without site plan approval. C. Appeals: Any decision made by the City Manager or his/her designee with regard to the Tree Disposition Plan may be appealed by any party to the Planning and Zoning Commission. All actions of the Commission are final. D. Permit Validity: Tree Disposition Plans accepted in connection with a building permit, subdivision plan and site plan shall be valid for the period of the building permit or site plan validity. Section 6. SUBMITTAL REQUIREMENTS: The City Manager or his/her designee shall establish administrative procedures necessary to facilitate the implementation and enforcement of this Article. These procedures shall include the following: A. Tree Disposition Plan / Tree Survey: Must be submitted and approved prior to the removal or destruction of any tree. B. An application involving a limited portion of a site may be based on an exhibit showing only that portion of the site. C. Aerial photographs interpretation may supplant the ground survey for preliminary analyses of large scale developments, such as subdivisions, utility corridors, and golf courses, at the discretion of the City. Large scale developments are also required to include impact areas where existing trees are located. D. The items required on a submitted exhibit: 1. Title Block: Includes street address; legal description (lot and block, subdivision name); date or revised date, north arrow, graphic and written scale; name, address, telephone number of owner or person preparing the exhibit. 7 2. Location of all existing or proposed structures, improvements and site uses including pavement and landscaping, setbacks, easements and service connections, all property dimensions with references to property lines. 3. Existing and proposed site elevations, grades and major contours. Construction details of permanent grade changes around all trees. 4. Tree Disposition Plan showing location of all existing trees, graphically differentiating between the trees to remain and those to be removed. Trees located off -site with Critical Root Zones located within the construction site shall also be included. A plus (+) character shall indicate trunk location and concentric circle shall indicate the size and canopy configuration. 5. Proposed general areas or locations of the Replacement Trees. 6. Listing of all trees on -site and their condition. 7. Listing of all off -site trees where Critical Root Zones will be impacted. E. Tree information required shall be summarized in legend form on the plan and shall include: 1 . The list of trees to be removed and the reason for removal. 2. The total diameter of trees to be removed. 3. Replacement Trees listed by species name, quantity, size and total diameter required for replacement of trees. (See the Criteria Manual for Replacement Tree list). F. Tree protection notes and details shall be included on site plans, subdivision plans or landscape plans and always included with the bid documents given to the contractor. Section 7. TREE REPLACEMENT REQUIREMENTS: In the event that it is necessary to remove a tree which is located on the buildable site, the applicant, as a condition to issuance of a building permit, shall be required to replace the tree(s) being removed with quality trees as defined herein. This mitigative measure is not meant to supplant good site planning. A. A sufficient number and diameter of Replacement Trees shall be planted in order to equal the total diameter inches or fraction thereof of trees slated for removal. If this is not feasible, the permittee must either: (1) plant and maintain off -site Replacement Trees, subject to the 8 provisions of the Criteria Manual; or (2) provide Replacement Trees by means of replacement inches obtained through a Tree Trust, as set forth in the Criteria Manual. Examples: 1 . A total of 1 8" diameter to be removed shall be replaced with six (6) three inch (3") diameter trees. 2. A total of 19" diameter to be removed shall be replaced with seven (7) three inch (3") trees OR five (5) three inch (3") trees and one (1) four inch (4") tree. B. Replacement Trees shall meet the American Association of Nurserymen Standards. The minimum size of Replacement Tree is designated in the Criteria Manual. (See Criteria Manual). C. Qualified trees under Ordinance. To be a "Qualified Tree" under the Ordinance, a Tree must comply with the definition of "Qualified Tree" set out in this Article. D. Standard of review. The City Manager or his/her designee shall use reasonable best efforts to determine the type and number of Replacement Trees required in an attempt to minimize any burden resulting from this Article. E. Replacement Inch Certificates. If a Tree Trust issues an effective "replacement inch" certificate to the City, the "replacement inches" described in the certificate are treated the same as trees actually planted as of the date of the certificate. To be effective, the "replacement inch" certificate must state unconditionally: (1) the name of the applicant and the project to which the "replacement inches" apply; (2) the Tree Trust will plant the specified "replacement inches" within reasonable proximity of the Subject Site, and within the City limits, on or before a specified planting date, which must fall within 365 days following the date of the certificate; (3) that the "replacement inches" will be planted and maintained in accordance with the provisions of this Article and the Criteria Manual; and (4) that all costs have been paid. 9 A certificate may be conditioned so that it would only become effective if the applicant fails to plant other trees by the specified planting date. F. Replacement Inch Credits. An owner of a site in the City who plants a Class I or Class II tree on that site is eligible to receive credit for future "replacement inches." The owner may use the credit to offset the number of "replacement inches" assessed for Protected Trees removed from the same site at any time in the future. Credits are subject to the following: (1) Issuance. Credits are only available for trees registered with the City within 30 days following the day they are planted. Registration requires application and proof of planting. The registration form shall specify the size and species of each tree planted and its location on the site. (2) Measurement. The number of replacement inches actually credited is determined by the City at the time an offset in request, based on the health and size of the previously -registered trees and apply the provisions of the Criteria Manual regarding calculation of replacement inches. (3) Transferability. Credits are not transferable to another site but may be claimed by subsequent owners of the same site. (4) Records. The City is not responsible for keeping registration or other records of credit. A person claiming a credit must present documents to show that the credit is available and applicable. Section 8. TREE PROTECTION: A major purpose of this Article is to protect all 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 trees. The following procedures are deemed appropriate in the situations noted; however, unique circumstances may allow modifications if deemed necessary by the City Manager or his/her designee. A. Prohibited Activities: The following activities shall be prohibited within the limits of the drip line of any tree which 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 the limits of the drip line of any tree. 10 2. Equipment Cleaning/Liquid Disposal: No equipment may be cleaned or other liquids deposited within the limits of the drip line of any tree. This would include but 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 vehicle, construction equipment or parking is allowed within the limits of the drip line of any tree. 5. Trespass into protective fencing is prohibited. B. Pre -Construction Activities: The following procedures shall be followed prior to construction. 1 . Tree Flagging: All trees to be removed from the construction site shall be flagged with bright red vinyl tape wrapped around the main trunk at a height of four feet (4') or more such that the tape is visible to workers on foot or operating heavy equipment. 2. Protective Fencing: Unless otherwise specified in the applicable Tree Disposition Conditions, each Protected Tree to be preserved must be fenced during Development or Pre -Development Activity. (a) Fencing Criteria. The Tree Disposition Plan shall specify protective fencing of the Critical Root Zone whenever reasonably practicable, unless a different area is prescribed in accordance with the Criteria Manual. Unless the Tree Disposition Conditions specify otherwise: (i) a six foot (6') or higher fence must surround each Protected Tree or group of Protected Trees, effectively preventing persons, machinery, trash, material and other items from occupying the area within the protective fencing; (ii) the fence must be constructed of durable, high visibility materials supported on poles or fence posts set firmly in the ground; (iii) the fence must be able to resist intrusions and impacts likely to be encountered on a construction site; (iv) the fence may incorporate existing fences or walls as well as Temporary Fencing; and (v) each fence must display a prominent bilingual warning sign as set forth in the Criteria Manual. (b) Fence Permit. A separate fence permit is not required for construction of a fence under this section, if a permit for the work is in effect and includes Tree Disposition Conditions. 11 (c) Trash, Storage Prohibited. It shall be unlawful for any person to use the area within the protective fencing, required by this section, for trash disposal, storage, vehicle parking or any other use that could adversely affect tree roots. 3. 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's trunk with lumber encircled with wire or other means that does not damage the tree. 4. Construction Pruning: In cases where a tree has a low canopy or limbs may be broken during the course of construction, the obtrusive limb(s) may be cut. Pruning shall be done according to the National Association of Arborists standards. 5. Mulch: In areas where construction of protection fencing is prohibitive, the addition of four inches (4") of shredded mulch or wood chips covered by a sheet of 3/4 inch (3/4") plywood is necessary to reduce the risk of severe soil compaction. The mulch shall be spread on -site or removed following the completion of the project. 6. Trees which are being protected should receive supplemental water during times of drought or low rainfall. As a rule of thumb a weekly application of approximately fifty (50) gallons of water per one inch (1") diameter applied slowly to the root zone will be sufficient. C. Improvement Within the Critical Root Zone of a Protected Tree: Design constraints dictate that trees slated for preservation have some encroachment on their Critical Root Zone. The following is the minimum design criteria which is allowed within the Critical Root Zone of a Protected Tree. Development exceeding the criteria would put the tree at risk and therefore it could no longer be considered a Protected Tree. In such a case, Replacement Trees shall be required. 1. Grade Changes: In the event that grade changes must be made around a Protected Tree or group of trees, the following shall be implemented in order to maintain oxygen and water exchange within the tree's Critical Root Zone. a. A minimum of seventy-five percent (75%) of the Critical Root Zone shall be preserved at natural grade with natural ground cover or landscaping for the tree to be considered a Protected Tree. 12 b. No cut or fill greater than two inches (2") shall be located closer to the tree trunk than one half (1/2) of the radius of the Critical Root Zone radius distance. c. Increase Grade: Soil grade within the Critical Root Zone of trees should not be increased more than 1 to 2 inches per year. Any increase above this can be very detrimental to the tree. Any attempts to protect trees from the detrimental effects of increased grade, must be approved by the City Manager or his/her designee. d. Decrease Grade: Provide retaining walls outside the drip line to mitigate cuts. 2. Boring of Utilities: Boring may be permitted under Protected Trees in certain circumstances. The minimum length of the bore shall be the width of the tree's canopy and shall be a minimum depth of forty-eight inches (48"). 3. Trenching: Irrigation systems shall be designed to avoid trenching across the Critical Root Zone of any Large Tree. 4. Paving: A maximum of twenty five percent (25%) of the Critical Root Zone of a Protected Tree may be covered with impervious material. The pavement and the cut and fill for the pavement shall not exceed one half (1/2) of the Critical Root Zone radius distance. Section 9. TREE PLANTING REGULATIONS: A. Easements and Rights -of -Way: The location of Replacement Trees shall not be an area such that the mature canopy or roots of the tree will interfere with any public utility. No tree shall be planted within ten feet (10') of a fire hydrant. B. Off -Site Planting of Replacement Trees: Replacement Trees should be planted on the site or easement from which the existing trees are to be removed. If this is not feasible, an applicant may initiate a proposal to plant trees off -site. This may be approved if the planting site is in reasonable proximity to the project area. C. Replacement Trees shall be planted prior to the issuance of the Certificate of Occupancy or project release. Optimum planting times do not always correspond with project completion. For that reason, Replacement Tree plantings may take place after the project is released by the City; provided, that before project release, a fiscal security is 13 posted in the amount equal to the prevailing rate for installed trees with a one (1) year guarantee, plus fifteen percent (1 5 %) to cover administrative cost. D. Visibility Triangles: It shall be unlawful for any person to plant, grow or maintain any plant material, except a tree, within a Visibility Triangle, if the plant has (or probably will have) a height greater than three feet (3') above the street. It shall be unlawful for any person to plant, grow or maintain a tree which has branches or foliage within or above the Visibility Triangle at a height lower than fifteen feet (15') above the street. It is presumed that a person who owns or controls real property within the City maintains all trees and plants on that property. The City may enter a Visibility Triangle and remove growths prohibited by this section, and there shall be no liability to others for taking or not taking such action. Section 10. VIOLATIONS / ENFORCEMENT A. Removal, Damaging, Killing of Protected Trees: Except as authorized by Tree Disposition Plan filed and approved under this Article, (i) it shall be unlawful, at any time, for a person to remove, damage or kill a Protected Tree within the City, (ii) for a person, who owns or controls any existing or potential buildable site, to cause or allow a Protected Tree to be removed, damaged or killed if it is located within the Buildable Area. B. Conditions: It shall be unlawful for any person who applies for or receives a permit regulated by this Article to fail or refuse to comply with a condition of the permit or this Article. Any related permit for the building site in question may be withheld until the condition is complied with to the satisfaction of the City Manager or his/her designee or any other City staff members who are called upon to enforce this Article. C. Immediate Shutdown: Violations of this Article may cause the immediate cessation of all work on the property until the violation is remedied or the builder agrees to replace damaged trees, if the damage is likely to cause the ultimate death of the tree. D. Building Inspectors: All City Building Inspectors shall monitor for compliance of the Tree Protection and Preservation Ordinance and have the authority to shut down a job for infractions. Protective fencing shall be inspected prior to construction. E. Penalty Clause: Any person, firm, or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon final conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) for each offense. Each day such violation continues to exist shall constitute a separate offense. But in 14 case any person, firm or corporation violates any of the provisions of this Ordinance or fails to comply therewith, the City of Pearland, in addition to imposing the penalties above provided, may institute any appropriate action or proceedings in court to prevent, restrain, correct, or abate or to prevent any illegal act pertaining to trees protected by this Ordinance; and the definition of any violation of the terms of this Ordinance as a misdemeanor, shall not preclude the City of Pearland from invoking the civil remedies given it by law in such cases; but same shall be cumulative of and in addition to the penalties prescribed for such violation. F. Affirmative Defenses: It shall be an affirmative defense to prosecution under this Article that: (i) immediate action to remove, damage or kill the tree in question was necessary to prevent harm to persons or property, (ii) an appropriate Tree Disposition Plan had been filed and approved, (iii) there was full compliance with all conditions of the Tree Disposition Plan. 15 Attachment A CRITERIA MANUAL CITY OF PEARLAND, TEXAS March 1997 3. MITIGATIVE MEASURES AND REPLACEMENT TREES 12 3.1 MITIGATIVE MEASURES 12 3.1.1 Tree Maintenance 12 3.1.2 Special Construction Techniques 13 3.2 REPLACEMENT TREES t4 3.2.1 Quantities of Replacement Trees 14 3.2.2 Available Planting Area 15 3.2.3 Survival Potential 15 3.2.4 Types of Replacement Trees 15 3.2.5 Enforcement Criteria 16 4. TREE PHYSIOLOGY 4.1 ROOTS 4.2 TRUNK 4.3 CROWN APPENDIX A: CLASSES OF TREES APPENDIX B: WARNING SIGN FOR TREE PROTECTION FENCES FIGURES Figure 1. Figure 1 b. Figure 2. Figure 3. Figure 4. Figure 5. Figure 6. LIST OF FIGURES Measurements of various tree configurations Example of crown area measurement Example of typical plan graphics Aeration systems for trees in fill areas Retaining walls to mitigate cuts and fills Minimize root impact by boring Tree Structure and Physiology 16 16 17 18 19 24 IMPORTANT NOTICE This manual is to be used and interpreted in accordance with the City's Ordinance on urban forest preservation and enhancement. Unless the context indicates that another meaning is intended, terms used in this manual have the same meanings as in said Ordinance. 1. TREE SURVEY STANDARDS 1.1 REQUIRED FIELD DATA Tree Data submitted for a Tree Survey or Tree Disposition Plan must be obtained from a ground survey. The data that must be obtained in the field are tree locations, circumferences, types (species), and crown area (the drip line). 1.1.1 Location Tree Surveys must be as accurate as possible, but need not be certified. Levels of inaccuracy that will result in a failure to comply with the City Ordinance and construction specifications may necessitate new surveys and plan adjust- ments prior to permit approval. • Trees on City easements adjoining the site must be surveyed. MI Trees with 30% or more of their Critical Root Zones extending onto an affected Subject Site or project easement must be surveyed. Trunk locations of off -site trees may be estimated to avoid trespass problems. Methods for locating trees may vary depending on the size of the project and number of trees. In most cases, taping the distance to the center of the trunk from two (2) known points is a viable option. 1.1.2 Circumference The circumference of a tree trunk is measured 4.5 feet above the ground using an ordinary tape measure or diameter tape. (A tree on a slope shall be measured from the high side). Measurement is taken just above or just below any unusual swells in the trunk, as closely as possible to the 4.5 foot level. (See Figure 1). For multiple -trunk trees, the trunk circumference is deemed to equal the circumference of the largest trunk plus half the circumference of each additional trunk. Measurements should be accurate to the nearest one-half inch (1 /2"). 1. 1.3 Type (Species) Tree types should be accurate to the species level and may be listed by common names or botanical names (e.g. Post Oak or Quercus stellate.) Good field references for Houston are: Texas Trees: a Friendly Guide, by Paul W. Cox and Patty Leslie (available from Chickadee Nature Store, 71 3-956-2670); Trees for Texas Resource Guide, available form the Texas Department of 111 r Agriculture, (512)463-7504; Field Guide to Texas Trees, by Benny J. Simpson; and Trees, Shrubs and Woody Vines of East Texas, by Elray Nixon. 1. 1.4 Critical Root Zone; Crown The Critical Root Zone (CRZ) means, for any given tree, the area within a circle centered on the trunk location. The circle's diameter is one-half the sum of the broadest and the narrowest drip line diameters. (See Figure 1 b, attached). The drip line and crown information will also be useful in assessing the impact of projected construction. 1.2 RECOMMENDED ADDITIONAL FIELD DATA 1.2. 1 Crown Clearance This information is often critical in determining whether a given structure of vehicular use area can practically be placed within the drip line of a tree. If this information is recorded, the surveyor should consider the vertical distance to any major branches. 1.2.2 Condition This is one of the principal factors in determining whether a tree should or should not be preserved. Surveyors should not speculate about the condition of the trees unless they have the necessary credentials; however, if a tree is obviously in poor condition, it should be noted. 1.2.3 Spot Elevation Taking an elevation reading near the trunks of some trees will provide valuable information for project designers. Since grade changes have a very destructive impact on trees, it is important to get the most accurate information possible. 1.3 PLAN GRAPHICS The standard tree graphics discussed below are important to provide consistent information in the most useful format for an efficient plan review. See Figure 2 for examples of tree graphics. 2 -416 MIEN 1.3. 1 Trunk Location The trunk location on the plan must represent the center of the trunk at ground level. If the tree leans substantially above that point, show the direction of the lean with an arrow. 1.3.2 Critical Root Zone (CRZ); Crown; Retained Trees The critical root zone should be indicated by a circle centered on the trunk. If the crown is significantly skewed or irregular, show also a circle with a radius in feet equal to the diameter of the tree in inches or per measurement of crown area whichever is greater. The actual crown may also be shown if it is skewed and will have a significant impact on construction. Note that the actual amount of critical roots for any tree will depend upon many factors. (See Section 2.2.1, Root Zone Impacts). Trees proposed to be retained are to be represented by circles drawn with a solid line, while trees proposed to be removed are to be represented by dashed lines. Proposed replacement trees should be graphically differentiated as shown in Figure 2. 1.3.3 Sizes and Types Tree circumferences and types must also be shown in the plan. This information should be shown adjacent to each trunk location. For sites with a large number of trees, this data should be shown in legend form referenced by a tree number adjacent to each trunk location. Legends can be useful because they allow for the presentation of other data such as crown configuration, height, condition, etc. 2. TREE EVALUATION AND SITE PLANNING The Urban Forester shall use the following criteria to evaluate trees shown in Tree Surveys and, working with the applicant and City building officials, the Urban Forester shall approve Tree Disposition Plans if they comply with the following: this Chapter 2, the provisions of Chapter 3 (relating to mitigation, if applicable) and the other applicable provisions of this manual. The Urban Forester may prescribe the contents for a simple, low-cost Tree Disposition Plan for small-scale projects. For such projects, the Urban Forester may allow the deletion of some data and details otherwise required, and may make provisions to assist laypersons preparing their own plans. • While the guidelines set forth herein are intended to be as comprehensive as possible, no printed document can substitute for the knowledge and experience of a qualified urban forester. The recommendations of the City Urban Forester may differ from a simple "face value" interpretation of these guidelines; however, the Urban Forester should work cooperatively with the applicant and with the City building officials to reach a mutually -agreed resolution. The Urban Forester should also be prepared to justify "non-standard" decisions by presenting the special circumstances that apply. The process of tree evaluation and site planning will include: The identification of valuable trees; An assessment of minimum standards for tree preservation; An analysis of design constraints and alternatives; and The negotiation of mitigative measures when necessary. 2.1 TREE EVALUATION The City's Ordinance addresses the preservation of large trees. However, not all large trees have the same value, due to such factors as type (species) or conditions. Conversely, some smaller trees may have greater value due to their rarity, screening potential, specimen, key, historic, or other factors. 2. 1. 1 Tree Evaluation Method The following factors must all be considered in determining the value of any tree. Weighing factors are included to aid in this determination. Using these criteria, a designer can walk the project area and perform a rough analysis of the tree situation before starting the design of the project. The Urban Forester should use these same factors in approving the Tree Disposition Plan. Ten factors are included: condition, type, size, aesthetics, energy conservation and heat abatement, safety, adjacent trees, water quality protection and soil conservation, wildlife habitat, and historic significance. The sum of scores for all ten factors determines the relative value of a tree. In general, highly valued trees (total rating of 30 or more out of a possible 40) should be preserved if at all possible. In all cases, the initial calculation of replacement inches required will depend on the valuation and size of tree being removed. 2.1.2 Condition In assessing a tree's condition, the forester considers trunk condition, growth rate, tree structure, insect and disease problems, crown development, and life expectancy. A score is assigned as follows: 1 = Poor 2 = Fair 3 = Good 4 = Excellent 2. 1.3 Type The species of trees found in the City have been divided into four classes based on overall quality. The chart in Appendix A indicates how each species fits in this general classification. A score is assigned as follows: 1 = Class IV 2 = Class III 3 = Class 11 4 = Class I 2.1.4 Size Tree sizes are divided into four categories. A score is assigned for each size category as follows: 1 = Less than 25 inches circumference (cf.) ( 8 inches diameter) 2 = Between 25 and 50 inches cf. (16 inches diameter) 3 = Between 50 and 75 inches cf. (25 inches diameter) 4 = More than 75 inches cf. 2. 1.5 Screening; Aesthetics Trees may score high in this area if they provide screening and privacy to the property or if they are in good condition and have exemplary form. A score is assigned as follows: 1 = Poor 2 = Fair 3 = Good 4 = Excellent 1 = Poor 2 = Fair 3 = Good 4 = Excellent 2. 1. 10 Wildlife Habitat This factor is rated on the basis of the intrinsic value of the type of tree as a provider for food and forage and general wildlife cover characteristics, or on the basis of field observations of a particular tree. Regarding field observations, as an individual tree may rate higher than the assigned intrinsic value of the genus due to such things as the presence of food -bearing parasites or epiphytes (e.g. mistletoe or grapes) or due to the potential for or actual presence of wildlife nesting cavities. A score is assigned as follows: 1 = Poor 2 = Fair 3 = Good 4 = Excellent 2. 1. 11 Historical Significance The highest rating in this category is reserved for trees that fit one of the following criteria: - The tree is on a registry of historic or especially important trees. The tree has been documented as historically significant. - The tree is rare in the Houston area. - Due to its location and size, the tree serves as a significant landmark on the landscape. Since historical significance is largely a function of age, the Urban Forester's estimate of the age of the tree also has a bearing on this value. A score is assigned as follows: 1 = Less than 20 years old. 2 = Between 20 and 40 years old. 3 = Greater than 40 years old. 4 = Registered, rare or landmark tree. 7 2.2 TREE PRESERVATION CRITERIA 2.2. 1 Root Zone Impacts Although a tree's root system ranges well beyond the drip line, for the practical purposes of this Criteria Manual and the Ordinance, the critical Root Zone (CRZ) has been established. Because existing development on a site may affect the actual distribution of tree roots, the Urban Forester may require protection of areas outside the CRZ. Likewise, the Urban Forester may determine that it is not necessary to protect areas within the CRZ where there may be few, if any, significant roots. For example, a tree growing next to a house, on a slab, will not normally have as many significant roots beneath the slab as the side of the root system growing without the covering of a non -porous surface. This will allow new buildings to be erected on the site of the old slab near a tree to be preserved. Design constraints often dictate that trees slated for preservation have some encroachment on their CRZ. Weighing this fact with what appears to be an acceptable degree of risk to most trees, the following maximum allowable impacts have been established for trees with normal CRZs. A minimum of 75% of the CRZ must be preserved at natural grade, with natural ground cover. No cut or fill greater than two (2) inches will be located within the inner 3/4 of the CRZ. In order to ensure that root zones are adequately preserved, protective fencing should be erected to enclose the area with significant roots. Root areas that will be covered with permeable paving must be protected by fencing until the immediate time for construction of the permeable paving. If this is not possible (due to limited access to the site), mitigative measures must be taken to protect the roots as much as possible. (See Section 3.1.2). 2.2.2 Crown Impacts The following is the maximum allowable impact for tree crowns: A maximum of 30% of the viable portion of a tree's crown may be removed. 8 411 i 40 r Construction methods must also be considered. For example, a building wall may only require the removal of 30% of the crown, but the scaffolding necessary to construct the building may require the removal of another 20% of the crown. 2.2.3 Deviations from the Criteria These criteria represent minimum standards for determining whether or not a tree is "preserved." Greater impacts may be allowed, provided that all design alternatives have been proven unfeasible and that some acceptable form of mitigation such as a remedial care program is negotiated. (See Section 3.1.1). Conversely, some cases may require that a larger area of root area be preserved to increase the survival potential of particularly valuable trees. These design criteria are enforced in the field as well as on the plan. Plan adjustments made during construction must be reviewed and approved by the City's Urban Forester prior to the adjustments being made. 2.3 DESIGN CONSTRAINTS AND ALTERNATIVES In addition to the preservation of valuable trees, many other factors can affect site planning: reasonable and lawful use of the property, cut and fill limitations, ingress and egress restrictions, parking and driveway requirements, and impervious cover limitations. Tree preservation is intrinsically less definitive than most of these restrictions, and all factors must be considered together to arrive at a reasonable solution. In some cases it may be desirable or necessary to remove trees and replace them with newly planted trees. In order to best provide for the preservation of trees, the project designer should carefully consider different design alternatives in the initial planning of the project. Meeting with the City's Urban Forester in a preliminary consultation prior to submitting plans for review is advised when' there appear to be conflicts. In the review of a proposed project, the first indicator of how well trees have been incorporated in the design process is the impact on large trees. These trees are considered on an individual basis, and a proposal to remove any of them is carefully scrutinized. Another indicator is how the proposal will impact smaller, valuable trees. These • trees are typically considered in a mass as they relate to the overall preservation of the character of the site. The following sections describe some design alternatives that can be used to preserve trees. 2.3. 1 Permeable Paving Von This alternative is less preferable than leaving 75% of the root area natural. The qualities that make a good paving surface are in direct conflict with the qualities necessary to save tree roots. Permeable paving is permitted, however, provided the installation meets City specifications and the following criteria: Finished grade of the permeable paving surface must be a minimum of six (6) inches and a maximum of 18 inches above existing grade to provide room for base and paving material without cutting. A minimum of 60% of the CRZ must remain at natural grade with a natural ground cover. The combined area of permeable paving and natural cover around a tree must be at least 80% of the CRZ. - Permeable paving is only permitted in parking spaces and low traffic drives. 2.3.2 Building Alternatives In many cases buildings have been erected very close to a tree with little adverse effect on it. Construction methods that make this possible include: - Pier and beam foundations with sufficient air space to allow oxygen to penetrate into the soil for the roots. Finished floor elevations that minimize cut and fill. Buildings notched around significant trees. Buildings designed to fit under crowns of adjacent trees. To comply with the design criteria requiring retention of 70% of a tree's crown, consideration must be given to the following: Providing adequate work space during construction; Providing a safe distance between limbs and walls, eaves, roofs, etc.; and - Applying proper pruning techniques. 10 2.3.3 Sidewalks Sidewalks appear innocuous on plans but can be very detrimental to trees because of grading requirements. Some design alternatives that should be considered are: - Move sidewalk as far from the tree as possible. Construct sidewalk on grade in the location of the original sidewalk. Provide a finished grade above existing grade for sidewalks required in close proximity to a tree trunk. Route drainage under sidewalks where elevated grade is required. Reduce width of sidewalk. 2.3.4 Grading Grade Changes: In the event that grade changes must be made around a protected tree or group of trees, the following shall be implemented in order to maintain oxygen and water exchange within the tree's critical root zone. A minimum of seventy-five percent (75%) of the critical root zone shall be preserved at natural grade with natural ground cover or landscaping for the tree to be considered a protected tree. No cut or fill greater than two inches (2") shall be located closer to the tree trunk than one-half (1 /2) of the radius of the critical root zone radius distance. (See Appendix B). Increase Grade: Soil grade within the Critical Root Zone of trees should not be increased more than 1 to 2 inches per year. Any increase above this can be very detrimental to the tree. Any attempts to protect trees from the detrimental effects of increased grade, must be approved by the Chief Building Official or his/her representative. Any fill within the critical root zones of trees must meet the following specifications *: Material Percentage (by weight) Organic Matter 4-8 % Clay 2-4% Coarse Sand 94-88% 11 410 owe i The new grade should not be compacted to grade, but allowed to settle over time. * It is suggested that this new grade be mulched with 2 to 4 inches of organic mulch. 2.3.5 Utilities Underground water and sewer lines, storm sewer, and lawn irrigation systems have significant impact on trees, as do overhead electrical and telephone lines. Some typical design alternatives that should be considered are: Establish the trenches for underground utilities where they will have the least impact on trees. - Stack underground utility lines to reduce the number of trenches required. Bore or tunnel under trees to minimize root impacts. (See Figure 5). Hand -dig trenches to avoid cutting any roots larger than one (1) inch in diameter. - When planting trees, plant low -growing trees under power lines. 3. MITIGATIVE MEASURES AND REPLACEMENT TREES Many of the existing trees in the City grow very slowly, making preservation very critical in order to avoid Tong -term impacts. At the same time, land is at a premium, and there is considerable pressure to build on as much land as possible. In many cases, it will be difficult to meet the above minimum standards, in which case, the Urban Forester may specify that replacement trees be planted or that special mitigative measures be taken to protect existing trees. 3.1 MITIGATIVE MEASURES To protect large trees in cases in which it is not possible to meet the minimum design criteria, the Urban Forester may stipulate mitigative measures. Some of these mitigative measures include: 3. 1. 1 Tree Maintenance A remedial care program can increase the survival potential to an acceptable level in many cases. The City's Urban Forester must review the remedial care program to estimate whether it will accomplish what is necessary to maintain the 12 Ank .11 -.1101 vim him • viability of affected trees. Such a program might include schedules for watering, feeding, soil aeration, spraying, etc. To ensure compliance, the program must be documented by a plan note at the time of plan approval. In addition, prior to issuance of a certificate of occupancy, a person may be required to submit in especially critical cases the following: A signed service contract for review and approval by the City; and Fiscal security in an amount equal to the going rate for the approved service plus 1 5% to cover administrative costs. These measures are necessary because the remedial care program must typically extend over a minimum 18-month period after completion of the project. 3. 1.2 Special Construction Techniques In conjunction with remedial care, mitigation may include special construction techniques not normally required in standard specifications. Some of these techniques include the following: Leaving existing sidewalks and driveways in place for storage of materials and vehicular access until construction of the building is complete. Prior to excavation within tree drip line, or the removal of trees adjacent to other trees that are to remain, make a clean cut between the disturbed and undisturbed root zones with a rock saw or similar equipment to minimize root damage. In significant root areas that cannot be protected during construction with fencing and where vehicular traffic is anticipated, cover with four (4) inches of shredded mulch or wood chips covered by a sheet of 3/4 inch plywood or with two-inch road boards to minimize soil compaction and root damage. Perform all grading within significant root areas by hand or with small equipment to minimize root damage. Water all trees most heavily impacted by construction activities deeply once a week during periods of hot, dry weather. As a rule of thumb, a weekly application of approximately 50 gallons of water per one inch diameter applied slowly to the root zone will be sufficient. 13 AIM - Spray tree crowns with water periodically to reduce dust accumulation on the leaves. When installing concrete adjacent to significant roots of a tree, use a plastic vapor barrier behind the concrete to inhibit leaching of lime into the soil. 3.2 REPLACEMENT TREES The most common measure used to mitigate tree removals is the planting of Replacement Trees. The following factors affect tree replacement: The quantity of Replacement Trees; The available planting area; The anticipated rate of survival of trees planted; The types of trees proposed for planting. 3.2.1 Quantities of Replacement Trees Replacement of tree values will be expressed in terms of caliper inches (diameter) measured according to standards outlined in the American Standard of Nursery Stock, a publication prepared by the American Association of Nurserymen and approved by the American National Standards Institute. Measurements are to be taken as follows: - Six (6) inches from the ground for trees up to and including four (4) inches in diameter. - Twelve (12) inches from the ground for trees 4.5 inches and up to 8 inches in diameter. - Four and one-half (4.5) feet above the ground for trees 9 inches in diameter and larger. For trees with a value greater than 30 points using the criteria in Section 2.1, replacement calculations will initially require 100% of the diameter of the tree in question. For example, a tree with a 75-inch circumference (24-inch diameter) will require 24 caliper inches of Replacement Trees, which could be met by planting six (6) trees of four (4) inches each or four (4) trees of six (6) inches each. For trees with a value from 20 to 30 points, replacement calculations will initially require 75% of the diameter of the tree in question. In this case a tree with a 14 75-inch circumference (24-inch diameter) will require 18 caliper inches of Replacement Trees. For trees with a value from 10 to 19 points, replacement will initially require 50% of the diameter of the tree in question. In cases where the tree is dead, or judged by the Urban Forester to be in such poor condition that it will not live more than another year, no replacement is required. In all cases, a reduction may be allowed in the number and sizes of Replacement Trees if the applicant requests a reduction, and if the applicant demonstrates clearly that one or more of the following sets of circumstances is present: (i) there is insufficient available space on the affected subject site for all the replacements initially calculated, taking into account the space ultimately needed for trees upon maturity, (ii) there are sufficient remaining trees on the affected subject site to maintain tree cover and diversity in the City as a whole, or (iii) the number of replacements calculated by formula is unreasonably large, and the overall urban forest would not be substantially and adversely affected if the reduction was allowed. 3.2.2 Available Planting Area Replacement Trees should be planted on the subject site from which existing trees are to be removed. If this is not feasible, a person may initiate a proposal to plant trees off -site. This may be acceptable if the planting site is in reasonable proximity to the project area. 3.2.3 Survival Potential Before approving any replacement option, the City's Urban Forester will assess the probability that trees planted will survive. This typically requires that some type of irrigation be implemented for a minimum of two years. Irrigation may not be required if it can be demonstrated that, given the size and type of trees planted, the planting site and the time of the year the trees are planted, the mortality rate is likely to be low. 3.2.4 Types of Replacement Trees In order to enhance the general quality of the urban forest, 75% of the Replacement Trees required must normally be Class I or Class II species. (See Appendix A). The Urban Forester may recommend trees from other Classes. All trees must be suitable for the environment of the immediate planting site. 15 3.2.5 Enforcement Criteria The location, size and type of all Replacement Trees must be shown on the Tree Disposition Plan in a manner which will allow verification of their installation at the time of inspection for the Certificate of Occupancy. Optimum planting times do not always correspond to project completion. For that reason, Replacement Tree plantings may take place after a Certificate of Occupancy is issued, provided that a person posts fiscal security in an amount equal to the going rate for installed trees with a one-year guarantee, plus 15% to cover administrative costs. In this case, Certificates of Occupancy may be issued conditionally. 4. TREE PHYSIOLOGY The following is a collection of facts regarding tree physiology which provide the basis for the subsequent design standards for preservation. (See Figure 6). 4.1 ROOTS Roots provide three primary functions: (1) support, (2) intake of nutrients and water, and (3) storage of food reserves. Cutting a large root has the triple effect of reducing the tree's anchorage, destroying the nutrient intake potential beyond that point, and reducing food reserves by a substantial amount. The roots must respire in order to survive. Conditions which restrict the availability of oxygen suffocate affected roots. Such conditions will also result in the accumulation of carbon dioxide and other toxic gases in the soil which adversely affect the soil microfauna as well as the roots. Typical conditions which inhibit this essential gas exchange are compaction of the soil, addition of new soil (fill), and ponding of water. Trees establish a balance between root and crown areas such that destroying a portion of one may lead to the destruction of a portion of the other. Roots of adjacent trees are typically intermingled through the sharing of rootstock by several stems, grafting of roots by like species of trees, or a general sharing of the same space. It is important to make a clean cut when severing roots rather than tearing them. A ripping action (as with a dozer) affects roots of one or more trees far beyond the point of contact. Roots left jagged are also unable to produce the callous growth necessary to close the wound; thus, decay becomes more extensive. In addition, cleanly -cut roots can generate new roots more readily than torn roots. 16 The soil pH is an important factor in the functioning of the root system. Leaching of lime from concrete can increase alkalinity to potentially lethal levels. Approximately 99 percent of a tree's roots occur within the first three (3) feet of soil, and most of the fine feeder roots which collect the moisture and nutrients are located in the first 12 inches of soil. Typically, a tree's root system extends as much as two to three times the distance of the drip line. 4.2 TRUNK A tree's trunk serves as a conduit for nutrients and water going to the leaves and food materials going to the roots. In addition, it is a major food storage area. The sapwood contains the cells which serve as the upward transport system for nutrients and water. In most trees, the sapwood is found within the outer trunk wood. The phloem, located in a very thin layer of cells just inside the bark, serves as the downward transport system for food, enzymes, hormones, and other materials produced by the leaves. The cambium is the layer of tissue located between the phloem and sapwood that creates the cells for both transport systems. The proximity of all these important structures to the outer extremities of the trunk and branches make their protection against injury so critical. Contrary to popular belief, tree wound dressing is not a corollary to antiseptics used on animal wounds which prevent infection and promote healing. Where trees are concerned, the only sure cure is prevention. Trees never "heal" wounds, but rather seal off or compartmentalize the affected area provided all conditions are right for such activity. There are arboricultural techniques which can increase the chances of a tree successfully compartmentalizing some wounds, but simply applying tree wound dressing is not chief among them. The root collar is the interface of the tree trunk and root system evidenced by a flaring of the trunk near the ground surface. The proximity of this structure to the root system promotes the misconception that the root flare can be covered with fill such as top soil dressing. This portion of the trunk is not adapted to the same conditions as the underground roots. In addition to reducing aeration, fill material which tends to keep the root flare and trunk area moist, can facilitate invasion by soil borne fungi and insects. When this happens, the tree trunk can be girdled by decay agents resulting in death of the tree. Some species of 17 trees are more susceptible to this than others; however, covering the root flare should be avoided as a general rule. 4.3 CROWN The tree's branches and leaves make up the crown. In addition to giving raise to the leaves, branches serve the same transport and food storage function as the trunk. Leaves manufacture the food and other substances required to sustain the whole tree. Removal of more than 30 percent of a tree's crown can severely impact the tree's ability to provide sufficient food for continued growth or protection against debilitation by disease. APPENDIX A: CLASSES OF TREES CLASS I BOTANICAL NAME ▪ Carya illinoensis Carya ovata Carya texanus ▪ Diospyros texana Ilex opaca Ilex vomitoria Juglans nigra Liquidamber styraciflua • Magnolia grandiflora Magnolia virginiana Nyssa sylvatica Pistacia chinensis Quercus alba Quercus falcata • Quercus lyrata Quercus macrocarpa Quercus muehlenbergii Quercus nigra Quercus nuttallii Quercus shumardii Quercus stellata Quercus texana Quercus virginiana Taxodium distichum Taxodium mucronatum Ulmus crassifolia COMMON NAME ORIGIN SITE LIGHT SIZE D/E UTIL Pecan Shagbark Hickory Black Hickory Texas Persimmon American Holly Yaupon Holly Black Walnut Sweet Gum Southern Magnolia Sweet Bay Tupelo Chinese Pistache White Oak Southern Red Oak Overcup Oak Bur Oak Chinkapin Oak Water Oak Nuttall Oak Shumard Oak Post Oak Texas Red Oak Live Oak Bald Cypress Montezuma Cypress Cedar Elm N 2 N 2 N 2 N 1 N 2 N 2 N 2 N 2 N 2 N 2 N N 2 N N 2 N 2 N 2 N 2 N 2 N 2 N 2 N 2 N 2 N 3 I 3 N 2 19 1 l D 1 1 D 1 1 D 1 3 D 2 2 E 2 2 E 1 1 D 1 1 D 1 2 E 2 2 E D 1 1 D D 1 1 D 1 1 D 1 1 D 1 1 D 1 1 D 1 1 D 1 1 D 1 1 D 1 1 E 2 1 D 1 1 D 1 1 D P P P APPENDIX A: CLASSES OF TREES (continued) �. CLASS II ✓ NEIN r /01 P"' BOTANICAL NAME Acer rubrum Bumelia lanuginosa Cercis canadensis Crataegus spp. Diospyros virginiana Ehretia anacua Fraxinus pennsylvanica Ginkgo biloba Juniperus spp. Juniperus virgiania Lagerstroemia indica Liriodendron tulipfera Pinus thunbergii Prunus caroliniana Prunus cerasifera Prunus mexicana Pyrus calleryana Pyrus calleryana "Brafordii" Quercus phellos Quercus polymorpha Ulmus alata Ulmus americana Ulmus parvifolia "Drake" COMMON NAME ORIGIN SITE LIGHT SIZE D/E UTIL Red Maple Gum Bumelia Red Bud Hawthorns Eastern Persimmon Anaqua Green Ash Ginkgo Juniper spp. Red Cedar Crepe Myrtle Tulip Poplar Japanese Black Pine Carolina Cherry -Lau Purple Leaf Plum Mexican Plum Callery Pear Bradford Pear Willow Oak Monterey Oak Winged Elm American Elm Drake Elm N 2 1 1 D N 2 2 2 E N 2 2 2 D P N 2 2 3 P N 2 1 2 D N 2 1 3 P N 3 2 1 D 1 D I 2 2 2 E N 1 1 2 E 1 1 2 3 D P N 2 2 2 D 1 2 1 2 E N 2 2 3 E I 2 1 3 D P N 1 1 3 D P 1 2 1 2 D I 2 1 2 D N 2 1 1 D I 2 1 1 E N 2 1 1 E N 2 1 1 D I 2 1 1 D 20 APPENDIX A: CLASSES OF TREES (continued) CLASS III BOTANICAL NAME COMMON NAME ORIGIN SITE LIGHT SIZE D/E UTIL. Betula nigra Cedrus dedora Celtis occidentalis Celtis reticulata Cornus florida Eriobotrya japonica Fraxinus berlandieri Gleditsia triacanthos Koelreuteria paniculata Malus baccata Morus alba Parkinsonia aculeata Pinus echinata Pinus elliottii Pinus taeda Platanus occidentalis Prosopis glandulosa Sapindus drummondii Ulmus parvifolia River Birch Deodar Cedar Hackberry Netleaf Hackberry Flowering Loquat Berlandier Ash Honey Locust Panicled Raintree Crabapple Fruitless Mulberry Retama Shortleaf Pine Slash Pine Loblolly Pine N N N N N N N N N N N Sycamore N Mesquite N Western Soapberry N Lacebark Elm 3 2 2 D 2 1 1 E 2 1 1 D 2 1 1 D 2 3 3 D P 2 2 3 D P 2 1 1 D 2 1 2 D 2 1 1 D 2 1 2 D 2 1 1 D 1 1 2 D 2 1 I E 1 1 1 E 2 1 1 E 2 1 I D 1 2 2 D 2 1 2 D 2 1 1 D APPENDIX A: CLASSES OI' TREES (continued) ('LASS IV BOTANICAL NAME COMMON NAME ORIGIN Acer negundo Acer saccharinum Ailanthus altissima Albizia julibrissin Catalpa speciosa Celtis laevigata Chilopsis linearis Cupressus arizonica Eleagnus angustifol Firmiana simplex Fraxinus veluntina Fraxinus veluntina "Glabra" Koelreuteria formosiana Melia azedarach • Morus rubra Pinus edulis Pinus ponderosa - Populus deltodies Prunus blireiana Salix babylonica - Salix nigra Sapium sebiferum Tamarix spp. Thuja spp. Ulmus pumila Zanthoxylum clava-herculis Ziyphus jujube Box Elder Maple N Silver Maple N Tree of Heaven Mimosa Catalpa N Sugar Hackberry N Desert Willow N Arizona Cypress I Russian Olive I Chinese Paraslo Tree Arizona Ash Modesto Ash 1 Golden Rain Tree I Chinaberry Red Mulberry Pinion Pine 1 Ponderosa Pine I Cottonwood N Ornamental Plum I Weeping Willow I Black Willow N Chinese Tallow I Tamarisk Arboravitae I Siberian Elm I Hercules' Club N Jujube SITE LIGHT SIZE D/E UTIL. 2 2 2 D 2 1 2 D 2 1 2 D 2 2 2 D 2 1 1 D 2 1 1 D 2 1 2 D 2 1 1 D 1 1 2 D 2 1 1 D 2 1 I D 2 1 2 D 2 1 2 D 2 2 2 D 2 2 2 E 2 1 2 E 2 1 1 D 2 2 3 D P 3 1 2 D 3 2 1 D 2 1 2 D 2 1 1 E 2 1 1 D 2 2 1 D P ALL OTHER TREES OR AS DIRECTED BY THE CITY URBAN FORESTER ORIGIN N - native I - introduced SITE 1 - Xerophytic (Requires little water) 2 - Mesic (Requires moderate water with good drainage) 3 - Aquatic (Requires significant water, or tolerates poor drainage) LIGHT 1 - Full Sun 2 - Moderate Sun 3 - Shade SIZE 1 - 80 to 100 feet 2 - 30 to 80 feet 3 - 10 to 30 feet D/E D - Decidious E - Evergreen UTIL P - suggested trees for planting under powerlines APPENDIX B WARNING SIGN REQUIRED FOR TREE PROTECTION FENCING UNAUTHORIZED REMOVAL OF TREE PROTECTION FENCING MAY RESULT IN A FINE JOB MAY ALSO BE SHUT DOWN WITHOUT NOTICE FOR UNAUTHORIZED REMOVAL OF SIGN OR FENCE. 24 1.0 S311(1511 4'-6 " GROUND LINE fi BUTTRESS AREA <;\ GROUND LINE FIGURE 1 4'-6„ NORMAL LINE Of MEASUREMENT ACTUAL LINE OF MEASUREMENT BURDITT ASSOCIATES r«..i C..._iw.. - •0 d ..). Ciw. 1441 177o TN - la. 1.1111 <a T f►L. MEASURE ME NTS OF VARIOUS TREE CONFIGURATIONS CROWN AREA MEASUREMENT) } IS THE DIAMETER OF THE CROWN FIGURE lb BURDITT ASSOCIATES Gerry Vtilt ivnl �r �v ram., rrzn Gam+... *Ace 76p K lore Ii. Ci•,. rr... nL Com se - Orrr •a��rW ?MC CROWN AREA MEASUREMENT IIC 1.C(r I I Mulched Area 50'MIN. WATERING ZONE (11 U c 0 U CANAL i TREE CANOPY Right -Of -Woy 1 I Concrete 11_ Mulched Area fi- Concrete Curb STREET FIGURE 2 CRITICAL ROOT ZONE II II [3URDITT �s�JC1{rc, W •0 b .•)• ....• •_• EXAMPLE OF PLAN GRAPHICS G.J. N T.S ORIGINAL GRADE DRY RETAINING WALL. MIXTURE OF PEAT MOSS OR LEAFMOLD AND SOIL. RETAINING WALL FIGURE 4 BURDITT +SSOCi+rE, -v • • 0 ,. 4 / • � u.. 1. . t as> LA • • y •N • i,.. „ .ram.. �. J.. RETAINING WALL DETAIL i ELEVATION PLAN VIEW FIGURE 5. Minimize Root Impact by Boring. EDGE OF CANOPY vor BURDITT C...w...a.l f f....l Caw. WILM• A.... ° /.air AYa' Cw Oifie • Q a....7. wow 10 sal Casa T..y /IS C.o.... ff.. I/y. •OWSbao•. r a .. M ....w •'.a..M. T•••• //01° I,yuhtn. TUNNELING DETAIL awns f....., •.•• r. •••• Sw((t Of NOTE : THE TREES ROOT ZONE EXTENDS PAST THE DRIP LINE. FIGURE 6 % '�� BURDITT ASSOCIATES Cwv..w..ry I..w CONall ... •NS. V►.r 041d.4. Cow. 01— AC w. In.xx Co .a Te .. 77p. —04a ...n k►.1.. .\M T... Ili Gown toms Rb TREE STRUCTURE 8 PHYSIOLOGY ...... I.w. /tl( Ma