Ord. 0772 02-10-97ORDINANCE NO. 772
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ESTABLISHING 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
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WHEREAS, the City Council has determined two feasible approaches for
accomplishing the purposes described above:
(1) Preserve or replace existing trees by these 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";
(2) Require sites where major development takes place to attain a minimum
planting standard for trees, regardless of the number of pre-existing
trees;
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.
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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
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by the Urban Forester (if required), are attached, and (c) the initial plan -checking fee
is paid.
PASSED and APPROVED on First Reading this the �� day of
, A. D., 1997.
ATTEST:
NDY ST '• • I RF
INTERIM C SECRETA
/2-1-4-P
TOM REID
MAYOR
PASSED and APPROVED on Second and Final Reading this thec2e day of
, A. D., 1997.
ATTEST:
WENDY S}'p.NDORF
INTERIM TY SECRETARY
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TOM REID
MAYOR
OTES MCCULLb UGH
CITY ATTORNEY
APPROVED AS TO FORM:
a4t
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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.
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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.
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.
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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
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(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.
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.
O. 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.
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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 4.8. 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.
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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.
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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.
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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
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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 18" 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.
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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. Replacernent 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.
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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.
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(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.
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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
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posted in the amount equal to the prevailing rate for installed trees with
a one (1) year guarantee, plus fifteen percent (15%) 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
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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.
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