Ord. 1108-1 2009-11-23 - Supp 5ORDINANCE NO. 1108-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING CHAPTER 29 1/2, TREES AND VEGETATION, OF
THE CITY OF PEARLAND CODE OF ORDINANCES AND
ESTABLISHING NEW CRITERIA AND REGULATIONS FOR THE
PRESERVATION AND MANAGEMENT OF PUBLIC TREES OF TREES IN
THE CITY OF PEARLAND, TEXAS; PROVIDING A PENALTY FOR
VIOLATION; HAVING A SAVINGS CLAUSE, A CODIFICATION CLAUSE,
A REPEALER CLAUSE, A SEVERABILITY CLAUSE, AND PROVIDING
FOR PUBLICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. Chapter 29 1/2, TREES AND VEGETATION, of the City of Pearland
Code of Ordinances, Texas, is hereby amended to read as follows:
"Chapter 29 1/2 TREES AND VEGETATION
Article I. In General; Secs. 29 1 / 2 -1--29 1 / 2 -20.\Reserved.
Article II. Tree Protection and Preservation
Sec. 29 1 / 2 -21. Intent
Sec. 29 1 / 2 -22. Definitions.
Sec. 29 1 / 2 -23. Tree removal permit.
Sec. 29 1 / 2 -24. Applicability
Sec. 29 1 / 2 -25. Approval process and administrative procedures.
Sec. 29 1 / 2 -26. Submittal requirements.
Sec. 29 1 / 2 -27. Tree replacement requirements.
Sec. 29 1 / 2 -28. Tree protection.
Sec. 29 1 / 2 -29. Tree planting regulations.
Sec. 29 1 / 2 -30. Violations/enforcement.
ARTICLE II. TREE PROTECTION AND PRESERVATION
Sec. 29 1 / 2 -21. 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:
ORDINANCE NO. 1108-1
(1) Protect healthy trees and preserve the natural ecological
environmental and aesthetic qualities of the city.
(2) Protect and increase the value of residential and commercial
properties within the city.
(3) Prohibit the indiscriminate clear cutting of property.
(4) Maintain and enhance a positive image for the attraction of
new business enterprises to the city.
Sec. 29 1 / 2 -22. 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, including the building pad, driveway and pool, as shown on
the building permit site plan.
Building pad: The actual foundation area of a building and a twelve -foot
area around the foundation necessary for construction and grade
transitions.
Circumference: Is measured four and one-half (4 1 / 2) feet 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 (4 1 / 2) foot 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 ( 1 / 2) inch.
Criteria manual: The manual to be used and interpreted by city
personnel in accordance with the tree protection and preservation
ordinance (attached to Ord. No. 772 as attachment A and incorporated
herein for all purposes), for the city's urban forest preservation and
enhancement.
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
ninety-nine (99) percent of the tree's root mass occurs within the top
three (3) feet of the soil and most of the fine feeder roots which collect
moisture and nutrients are located in the top four (4) inches of the soil.
Typically, a tree's root system extends as much as two (2) to three (3)
times the distance from the trunk to the drip line.
ORDINANCE NO. 1108-1
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 (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 (3) 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.
DBH (Diameter Breast Height): The diameter of the tree measured four
and one-half (4 1 / 2) feet above the ground using a diameter tape.
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.
Official: The city manager or his/her designee.
Qualified tree: Any tree listed in Class I or II of the Criteria Manual which
has a trunk diameter of at least two (2) inches measured six (6) inches
above ground.
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 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.
Tree: A woody plant having one well-defined stem or trunk, a defined
crown and a mature height of at least eight (8) feet. Trees defined,
protected and/or regulated by this article are classified as Class I and
Class II trees as set forth in the criteria manual attached to Ord. No. 772.
ORDINANCE NO. 1108-1
(1) Large tree means a tree with a circumference of nineteen (19) inches
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 (6) inches 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 (36)
inches 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 (12) inches 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 floodplain.
(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.
b. Any significant tree within the city.
c. When there is a permit in effect for development or
predevelopment activity on any subject site, "protected tree"
includes all large trees located on that subject site.
Tree disposition plan: Specifies how large trees and critical root zones
willbe 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 thirty (30) percent 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 thirty (30) percent or more of its critical root
zone in such buildable area.
ORDINANCE NO. 1108-1
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
(2) streets forming the corner and extending twenty (20) feet 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 extensions. If there is no curb on such a street, the twenty -
foot line shall follow the central flow line of the ditch paralleling the
uncurbed street. The visibility triangle may include both public and
private property.
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 the City's Code of Ordinances for
violations of the same.
Tree trust: A capital project fund created for the purpose of purchasing,
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.
Park Trees: Trees, shrubs, bushes, and all other woody vegetation
in public parks having individual names and all areas owned by the
city, or to which the public has free access as a park.
Street Trees: Trees, shrubs, bushes, and all other woody vegetation
on land lying between the curb, pavement line and the property
lines on either side of all streets, avenues, or ways within the city.
Pruning: Standards of pruning shall comply with the publication of
the American National Standards Institute manual for Tree Care
Operations ANSI A300 (Part 1).
Planting: Standards of planting shall comply with the publication of
the American National Standards Institute manual for Tree Care
Operations ANSI A300 (Part 6).
Sec. 29 1 / 2 -23. 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 29 1 / 2 -24(b) of this article.
ORDINANCE NO. 1108-1
Sec. 29 1 / 2 -24. Applicability
The terms and provisions of this article shall apply to real properties,
persons and trees as follows:
(a) Properties which are regulated by this article:
(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
floodplain, 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 floodplain, 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 floodplain, 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 Tess than or equal to one (1) inch in diameter. The
trimming of branches of heritage trees larger than one (1) inch in
diameter require prior approval of the city's urban forester in
accordance with this article. Additional alterations to heritage
trees, including but not limited to the removal of same shall be
regulated by this article.
ORDINANCE NO. 1108-1
(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.
Sec. 29 1 / 2 -25. 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 29
1/2-27.
(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.
(b) Platted Tots. 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.
ORDINANCE NO. 1108-1
(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.
Sec. 29 1 / 2 -26. 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.
(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.
ORDINANCE NO. 1108-1
(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.
Sec. 29 1 / 2 -27. 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
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 eighteen (18) inch diameter to be removed shall be
replaced with six (6) three-inch diameter trees.
2. A total of nineteen (19) inch diameter to be removed shall be
replaced with seven (7) three-inch trees or five (5) three-inch
trees and one (1) four -inch tree.
ORDINANCE NO. 1108-1
(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 three hundred sixty-five (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. 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 thirty (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.
ORDINANCE NO. 1108-1
(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.
Sec. 29 1 / 2 -28. 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.
(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) Trespassing. Trespass into protective fencing is prohibited.
(b) Pre -construction activities. The following procedures shall be
followed prior to construction.
ORDINANCE NO. 1108-1
(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 (4) feet 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:
1. A six-foot 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;
2. The fence must be constructed of durable, high
visibility materials supported on poles or fence posts
set firmly in the ground;
3. The fence must be able to resist intrusions and
impacts likely to be encountered on a construction
site;
4. The fence may incorporate existing fences or
walls as well as temporary fencing; and
5. 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.
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.
ORDINANCE NO. 1108-1
(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 (4) inches of shredded mulch or
wood chips covered by a sheet of three -quarter -inch 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) Watering. 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 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 are 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 (75) percent 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 (2) inches shall be located
closer to the tree trunk than one-half 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 one (1) to two (2)
inches per year. Any increase above this can be very
ORDINANCE NO. 1108-1
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 (48) inches.
(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 (25) percent 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 of the critical root zone radius distance.
Sec. 29 1 / 2 -29. 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 (10)
feet 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) Plantings after project completion. 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 posted in the amount equal to the prevailing
rate for installed trees with a one (1) year guarantee, plus fifteen (15)
percent to cover administrative cost.
(d) Visibility triangle. 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 (3) feet
above the street. It
ORDINANCE NO. 1108-1
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 (15) feet 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.
Sec. 29 1 / 2 -30. Violations/enforcement.
(a) Removal, damaging, killing of protected trees. Except as authorized
by tree disposition plan filed and approved under this article, it shall be
unlawful, at any time, for a person to remove, damage or kill a protected
tree within the city, or 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 article 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 case any person, firm
or corporation violates any of the provisions of this article 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 article; and the
15
ORDINANCE NO. 1108-1
definition of any violation of the terms of this article 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.
Sec. 29'/z Sec. - 31 Care of Public Trees
(a) The Director of Parks and Recreation and/or his designee is
hereby authorized to plant, prune, maintain, and remove trees,
plants, and shrubs within the public right-of-way of all streets,
alleys, avenues, lanes, squares, parks, and public grounds as may
be necessary to ensure public safety or to preserve or enhance the
symmetry and beauty of such public grounds.
(b) Any person wishing to plant or remove a tree on public property
or in a public right-of-way (hereinafter referred to as a public tree)
shall seek prior written approval from the Director or his designee.
Any tree planted or damaged in violation of this section may be
corrected at the person's expense.
(c) It shall be unlawful for any person without authorization from
the city to:
(1) Place, maintain, or permit a tree or plant to obstruct a
public way or otherwise prevent or hinder public use of
public property;
(2) Attach any cable, wire, rope, sign or any other thing to a
public tree;
(3) Plant, transplant, remove, paint or spray any tree, plant or
shrub on any public property;
(4) Damage, cut, or carve any public tree;
(5) Recklessly cause or allow a harmful substance to contact
a public tree;
(6) Store harmful material within the drip line of a public tree;
(7) Set fire to a public tree or recklessly permit a fire to burn
that could damage a public tree;
(8) Place or store an impervious cover or material that
impedes the passage of water, air, or nutrients to the roots of
a public tree; or
16
ORDINANCE NO. 1108-1
(9) Park heavy equipment within the drip line of public trees,
except on paved surfaces.
(d) The city may seek damages against any person causing injury
or destruction of a public tree, including but not limited to the costs
for treatment or removal and replacement of the tree, and/or any
loss of tree value.
Chapter 29 1/2 - 32 Tree Inventory and Management Plan
(a) An inventory shall be maintained on all public trees to include
medians, right-of-ways, parks and public buildings. This inventory
shall consist of genus/species, common name, location, size (DBH,
Ht, & Crown), general health or condition, the type/date of the last
maintenance accomplished as well as scheduled maintenance. The
director or his designee shall use this inventory in developing
and/or updating any plan to plant and maintain trees on public
property.
(b) General health or condition will be rated by a point system
developed by the USDA Community Trees. Ratings will be based
on; Probability of failure 1-4 points, Size of defective parts 1-3
points, Probability of target impact 1-3 points, and an optional
subjective risk rating 0-2 points in accordance with the guide codes
for the USDA Community Trees. Any tree with a risk/hazard rating
of 8 or more will receive immediate corrective action.
(c) Protection and Mitigation: The protection and mitigation
requirements of this ordinance and found in the Unified
Development Code shall apply to all public trees. No mitigation
shall be required for any tree removed due to a high risk/hazard
rating or disease."
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
17
ORDINANCE NO. 1108-1
separate, distinct, and independent provision and such holding shall not affect the validity
of the remaining portions thereof.
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.
18
ORDINANCE NO. 1108-1
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.
PASSED and APPROVED on First Reading this the 9th day of November, A. D.,
2009.
ATTEST:
YO G LNG,TR V
CITY SECRETARY
TOM REID
MAYOR
19
ORDINANCE NO. 1108-1
PASSED and APPROVED on Second and Final Reading this the 23rd day of
November, A. D., 2009.
ATTEST:
YOU GLO ING,TIJC
CITY SECRETARY
APPROVED AS TO FORM:
•
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
L. z
20
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 Park Avenue
Pearland, Texas 77.581
state -of Texas
3razoria and Harris Counties
Lloyd Morrow, hereby certify that the notice hereby appended was, published in
'HE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and
aalveston Counties, for r issues, as follows:
No f Date %a - 20_
No. Date 20
No. Date 20
No. Date 20
No. _ Date 20
11 I V A44004.)
CFO
subscribe and sworn to before me this 3 day of lige
o
LA °RAM* EPA
Notary Puulic, St
My Commission ExO ( U_-
nn Emmons, Publisher
Notary Public, State of Texas
Ord (vAn C2, Wo. \ \ 1
r
LEGALS
1
Section 10, of -.Exhibit I -
"A" attached hereto.
IPASSED and
APPROVED on FIRST 1
READING this the 9th
I day of November, A.D.,
2009.
PASSED
APPROVED on SEC-
Published December
2009
ORDINANCE
1108.1
2,
NO.
AN ORDINANCE OF
THE CITY COUNCIL
OF THE CITY :OF
PEARLAND, TEXAS,
AMENDING CHAPTER
29 1/2, TREES AND
VEGETATION, OF THE
CITY OF PEARLAND
CODE OF ORDI-
NANCES AND ESTAB-
i LISHING NEW CRITE-
E RIA AND REGULA-
TIONS FOR THE
PRESERVATION AND
MANAGEMENT , OF
PUBLIC TREES OF
TREES IN THE CITY
OF PEARLAND, Owens, Sherman, Kyle,
TEXAS; PROVIDING A Saboe and Cole.
PENALTY FOR VIOLA-
TION; HAVING A SAV-
INGS CLAUSE, A COD-
IFICATION CLAUSE, A
REPEALER CLAUSE,
A • SEVERABILITY
CLAUSE, AND PRO-
VIDING FOR PUBLICA-'
TION AND AN EFFEC-
TIVE DATE.
OND and FINAL READ-
ING this the 23rd day of
November, A.D.,-2009.
ISI TOM REID
MAYOR
and
ATTEST:
ISI YOUNG LORFING,
TRMC
CITY SECRETARY .
APPROVED AS TO
FORM:
/S/ DARRIN M. COKER
CITY ATTORNEY
Section 5. Penalty.
Any person, firm or cor-
poration who shall vio-
late or fail to comply with
the requirements of any
provisions of the Code
herein adopted shall be
deemed guilty of a mis-
demeanor, and shall,
upon conviction by a
court of competent juris-
diction, be punished as
provided in Article LI
VOTING RECORD
SECOND AND FINAL
READING NOVEMBER
23, 2009
Voting "Aye" -
Councilmembers
Voting "No" — None.
Motion passed 5 to 0.
PUBLICATION DATE:
December 2, 2009
EFFECTIVE DATE:
December 11, 2009
PUBLISHED AS
REQUIRED BY SEC-
TION 3.10 OF THE
CHARTER OF THE
CITY OF PEARLAND,
TEXAS