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O268ORDINANCE NO. 268 AN ORDINANCE OF THE CITY OF KENNEDALE ESTABLISHING CRITERIA AND REGULATIONS FOR THE PRESERVATION OF TREES; PROVIDING FOR DEFINITIONS; PROVIDING FOR PERMIT REQUIREMENTS; PROVIDING A REVIEW PROCESS; PROVIDING FOR TREE PROTECTION AND REPLACEMENT; PROVIDING FOR RESTRICTIONS ON PRUNING AND PLANTING OF TREES; PROVIDING ENFORCEMENT PROCEDURES; PROVIDINGA CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas, is a home rule City acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution, and Chapter 9 of the Local Government Code; and WHEREAS, trees are a valuable amenity to the urban environment and serve to create greater human comfort by providing shade, cooling the air, and otherwise tempering the effect of summer heat, thereby reducing the requirements for air conditioning and the subsequent depletion of scarce energy resources; and WHEREAS, trees purify the air by filtering pollutants and dust and release oxygen into the air; and WHEREAS, trees provide a natural habitat for many species of small animals; and WHEREAS, trees protect land and structures by reducing run -off, binding soil and minimizing flood damage; and WHEREAS, trees are known to add dollar value to residential and commercial property and to increase income levels and tax revenues by attracting new business, industry and residents by improving a city's image; and WHEREAS, the City Council of the City of Kennedale has determined that tree preservation is necessary to adequately protect the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. Chapter 16 of the Kennedale City Code is hereby amended by creating a new W:\ Kennedale \ORDINANC \TreeOrdinance.wpd (02/12/04) Page 1 t V Article VI "Natural Resources Management', which shall read as follows: ARTICLE VI. NATURAL RESOURCES MANAGEMENT Sec. 16-70. Title. This Article shall be known as and may be referred to as the Natural Resources Management Ordinance. Sec. 16 -71. Purpose and Intent. The purpose of this Article is to promote site planning which furthers the preservation of mature trees and natural areas, 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 removal of trees when necessary. It is the further purpose of this Article to achieve the following broader objectives: (1) Prohibit the indiscriminate clearing of property. (2) Protect and increase the value of residential and commercial properties within the city. (3) Maintain and enhance a positive image for the attraction of new business enterprises to the city. (4) Protect healthy quality trees and promote the natural ecological, environmental and aesthetic qualities of the city. Sec. 16-72. Definitions. Forthe purpose of this Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words and terms used in this Article, but not defined in this Article, shall have the meanings ascribed thereto in the zoning ordinance or other ordinances of 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. Agricultural Use means the use of land to produce plant or animal products, such as the growing of crops, raising and pasturing of livestock or farming. It does not include the processing of plant or animal products after harvesting or the production of timber or forest products. Buildable Area means that portion of a building site exclusive of the required yard areas on which a structure or building improvements may be erected and including the actual structure, driveway, parking lot, pool and other construction as shown on a site plan. W:\ Kennedale \ORDINANC \TreeOrdinance.wpd (02/12/04) Page 2 r Building Pad means the actual foundation area of a building and the area within six feet of the foundation that is used for construction and grade transition. Clear Cutting means the removal of all of the trees or a significant majority of the trees within an area. Critical Root Zone (CRZ) means the area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the dripline. (See Appendix A.) CutlFill means areas where the natural ground level has been excavated (cut) or fill brought in. Drip Line means a vertical line run through the outermost portion of the canopy of a tree and extending to the ground. (See Appendix A.) Landscape Administrator means the Director of Public Works or his /her designated representative. Limits of Construction means a delineation on the graphic exhibit which shows the boundary of the area within which all construction activity will occur. MunicipallPublic Domain Property means, for example, City Hall, public parks, county property, Corps of Engineers property, State of Texas R.O.W., library, fire stations, water tower sites or similar properties. Protective Fencing means chain link fence, wire fence, orange vinyl construction fencing, snow fencing or other similar fencing with a four foot approximate height. Selective Thinning means the removal of selected trees from within a densely forested area. Tree means any self- supporting, woody, perennial plant which will attain a trunk diameter of two inches or more when measured at a point four and one -half feet above ground level and normally an overall height of at least 15 feet at maturity, usually with one main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oaks. Tree Board means the City Tree Board, which is hereby created and established. This Board shall be the Planning and Zoning Commission unless otherwise appointed by City Council. Tree, Marginal means a tree which the city has determined may or may not be worthy of preservation depending on the individual characteristics of the tree. (See Appendix C.) W: \Kennedale \ORDINAN C\TreeOrdinancempd (02/12/04) Page 3 Tree, Park means trees in public parks and all areas owned by the city to which the public has free access to as a park. Tree, Protected means: i) a quality tree that has a diameter of six inches or greater; ii) an understory tree that has a diameter of two inches or greater; and iii) a marginal tree that has a diameter of six inches or greater that the Landscape Administrator has determined should be saved due to individual characteristics and /or location of the tree. Tree, Quality means a tree which the city has determined typically has significant positive characteristics worthy of preservation. (See Appendix C.) Tree, Street means a tree, or any part of the tree trunk located on land lying within the public Right -of -Way. Tree Topping means the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Tree, Understory means a tree which the city has determined has significant positive characteristics worthy of preservation and that does not typically attain great size. (See Appendix C.) Sec. 16 -73. Tree Removal Permit Required. No person, directly or indirectly, shall cut down, destroy, remove, move or effectively destroy through damaging any protected tree situated on property regulated by this Article without first obtaining a tree removal permit unless otherwise specified in this Article. Sec. 16 -74. Authority for Review. The Landscape Administrator shall be responsible for the review and approval of all requests for tree removal permits submitted in accordance with the requirements specified herein. (a) Deferrals. The Landscape Administrator may defer the approval of a tree removal permit to the Tree Board at his discretion. (b) Appeals. Any decision made by the Landscape Administrator may be appealed to the Tree Board. Any decision made by the Tree Board may be appealed to the City Council. The decision of the City Council shall be final. W:\ Kennedale \ORDINANC \TreeOrdinance.wpd (02/12/04) Page 4 Sec. 16 -75. Submittal Requirements. The Landscape Administrator shall establish administrative procedures necessary to facilitate the implementation and enforcement of this Article. (a) Tree removal permit. A request for a tree removal permit must be submitted and approved prior to the removal of any protected tree in the city unless the tree is exempt under a provision of this Article. (b) Fees. All tree removal permits shall be accompanied by a payment made to the city in the amount specified by City Council. (c) Required documents. A tree survey, submitted in accordance with the requirements of appendix D, and a construction plan, in accordance with appendix E, shall be required and must include the items referenced in this Article and its appendices. (d) Permit expiration. Permits for tree removal issued in connection with a building permit or site plan shall be valid for the period of that building permit's or site plan's validity. Permit(s) for tree removal not issued in connection with a building permit or a site plan shall become void 180 days after the issue date on the permit. Sec. 16 -76. Action on Permit Application. The issuance of a tree removal permit shall be based on the following criteria: (1) Whether or not a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the removal of the tree. (2) The cost of preserving the tree. (3) Whether the tree is worthy of preservation. Trees listed as marginal trees in Appendix C are usually not considered worthy of preservation but shall depend upon the individual characteristics of the tree. (4) The effect of the removal on erosion, soil moisture, retention, flow of surface waters and drainage systems. (5) The need for buffering of residential areas from the noise, glare and visual effects of nonresidential uses. (6) Whether the tree interferes with a utility service. (7) Whether the proposed tree replacement pursuant to the tree replacement requirements hereof adequately mitigates the removal of the tree. W:\ Kennedale \ORDINANC \TreeOrdinance.wpd (02/12/04) Page 5 (8) Whether the removal affects the public health, safety or welfare. Sec. 16 -77. Clear Cutting. The clear cutting of land as defined in this Article is prohibited. Sec. 16 -78. Selective Thinning. The removal of selected trees from within a densely forested area, when done in a professionally accepted manner, shall be allowed as a single permit upon approval by the Landscape Administrator. Approval will only be granted when the Landscape Administrator determines that the selective thinning is being done in a manner that would enhance the environment and likelihood of survival for the remaining trees. Sec. 16 -79. Ground Level Cuts. Where protected tree removal is allowed through an exemption or pursuant to a tree removal permit and the root system is intertwined with protected trees which are intended to be saved, the tree shall be removed by flush cutting with the natural level of the surrounding ground. Where stump removal is also desired, stump grinding shall be allowed, or upon approval of the Landscape Administrator, a trench may be cut between the two trees sufficient to cut the roots near the tree to be removed, thereby allowing removal of the remaining stump without destruction of the root system of the saved tree. Sec. 16 -80. New Developments. All new developments that have not yet made application to the City for development or plat approval as of the effective date of this Article shall be subject to the requirements for tree protection and replacement set forth herein. (a) Residential Developments. All areas within street rights -of -way, utility or drainage easements as shown on an approved final plat, and areas designated as cut/fill on the construction plan approved by the Landscape Administrator shall be exempt from the tree protection and replacement requirements specified herein. The developer may request the Landscape Administrator to allow trees within potential building pad areas to be included in the exemption described herein. All other area shall be subject to these requirements. (b) Nonresidential Development. All areas within street right -of -ways, utility or drainage easements as shown on an approved final plat, areas designated as cut/fill on the master construction plan approved by the Landscape Administrator, plus fire lanes, parking areas and building pad as shown on an approved site plan shall be exempt from the tree protection and replacement requirements specified herein. (c) Permit Requirements. Atree removal permit shall not be required for removal W:\ Kennedale \ORDINANC \TreeOrdinance.wpd (02/12/04) Page 6 of a protected tree within an area noted in subsections (a) and (b) of this section. However, a permit must be obtained prior to the removal of any other protected tree on the property. (d) Landscape Administrator Review. (1) Residential Development. A developer shall be required to furnish a tree survey showing all proposed improvements (for example, right -of -ways, easements, lot patterns, cut/fill and the like) with the submittal of a site plan, development plan, preliminary plat or final plat, whichever occurs first. The tree survey shall submitted in accordance with the requirements set forth in appendix D hereof and shall be prepared on a sheet drawn to the scale of one inch equal to 100 feet (1:100) or on a computer disk in the format of a commonly used Computer -Aided Design (CAD) program. (2) Nonresidential Development. A developer shall be required to furnish a tree survey showing all proposed improvements (for example, right -of -ways, easements, lot patterns, cut/fill, fire lanes, parking areas and building pads and the like)with the submittal of a site plan, development plan, construction plan, plot plan or building permit application, whichever occurs first. The tree survey shall submitted in accordance with the requirements set forth in appendix D hereof and shall be prepared on a sheet drawn to the scale of one inch equal to 100 feet (1:100) or on a computer disk in the format of a commonly used Computer -Aided Design (CAD) program. (3) It is highly recommended that the developer consult with the Landscape Administrator and submit the required tree survey for review as early as possible so as to minimize changes in preliminary or final plats and to determine that there is adequate area for the proposed improvements after tree protection and replacement have been taken into consideration. (4) The Landscape Administrator will evaluate the required tree surrey to determine whether the developer has made a good -faith effort to save as many protected trees as possible. The Administrator will forward review comments to the Planning and Zoning Commission for consideration regarding denial or approval of the development. If the review involves a document that normally does not require the approval of the Planning and Zoning Commission, the Administrator will follow the procedures in §§ 16 -74 through 16 -76. (e) Parking Area. When a nonresidential development consists of extra parking spaces beyond 110% of the minimum parking spaces required by the zoning ordinance, the developer shall be required to replace a percentage of the trees removed or make a payment into the Tree Restoration Fund. The replacement trees shall be calculated by multiplying the total diameter of trees removed in all parking spaces by the percentage of the extra parking spaces to the total number of parking spaces (total diameter of trees W: \Kennedale \ORDINAN CUreeOrdinancempd (02/12/04) Page 7 removed x extra parking spaces _ total parking spaces). The replacement trees shall be provided in accordance with § 16 -84. Sec. 16 -81. Residential and Agricultural Property. (a) Homestead. The owner of property that is used for an individual residence or homestead shall be exempt from the tree protection and replacement requirements specified herein. (b) Property Owned by Home Builder. All areas within the building pad, driveway, sidewalks, patios, septic tank and lateral lines, parking area, pool and associated deck area as shown on a tree survey approved by the Landscape Administrator shall be exempt from the tree protection and replacement requirements specified herein. All other areas of the lot shall be subject to these requirements. (1) Permit requirements. Atree removal permit shall not be required for removal of a protected tree within an area noted above; however a permit must be obtained prior to the removal of any other protected tree on the property. (2) Landscape Administrator review. A tree survey showing all proposed improvements shall be required with the submittal of a building permit application. The tree survey shall be submitted on a sheet drawn to a scale as required by the Landscape Administrator or on a computer disk in the format of a commonly used Computer -Aided Design (CAD) program. (c) Agricultural Property. The owner of property actively used for agricultural purposes shall be permitted to remove up to seven protected trees per calendar year without obtaining a permit. Protected trees removed in excess of seven will require permits. It is not the intent of this Article to prohibit the clearing of land for legitimate, agricultural use. The property owner shall request the Landscape Administrator to make an on -site inspection of the property to be cleared and provide the Landscape Administrator the purpose for the clearing. If the Landscape Administrator determines the clearing of land to be for a legitimate, agricultural reason, he /she will issue a tree removal permit. Sec. 16 -82. Municipal /Public Domain Property, Rights -of -way and Easements. All construction and maintenance activities within municipal /public domain property, right -of -ways or easements held by the city, franchise utility companies or other entities shall be subject to the requirements for tree protection and replacement specified as follows. (a) Removal of a Protected Tree. A tree removal permit shall not be required for removal of a protected tree. However, no construction or maintenance activity that may cause the removal of a protected tree shall begin until construction plans showing protected trees to be removed and the location of replacement trees have been approved W:\ Kennedale \ORDINANC \TreeOrdinance.wpd (02/12/04) Page 8 by the Landscape Administrator. Pruning activities by a utility shall be governed by the provisions of § 18 -86. (b) Tree Board Responsibilities. It shall be the responsibility of the Tree Board to study, investigate, counsel and develop and /or update periodically and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees in parks, along streets and in other public areas. The plan shall be presented to the City Council and when adopted shall represent the comprehensive tree plan for the city. (c) Acceptable Trees. The Landscape Administrator shall maintain a list of trees acceptable for planting along streets and within parks and other public areas. Trees other than those listed as acceptable may only be planted upon approval of the Landscape Administrator. (d) Street Tree Spacing. The spacing of street trees shall be in accordance with recommendations of the Landscape Administrator. Closer spacing or group plantings may be approved by the Landscape Administrator in unique situations and when recommended by a registered Landscape Architect. (e) Public Tree Care. The city shall have the right to plant, prune and maintain street trees and park trees within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of the public properties. The city may remove, cause or order to be removed any tree or part thereof which is in an unsafe condition, or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or which is affected with any injurious fungus, disease, insect or other pest. Sec. 16-83. Exemptions. A tree removal permit and tree protection and replacement requirements shall not be required under any of the following circumstances. The burden of proof of a qualified exemption is upon the remover of a tree. It is highly recommended that qualification as an exemption be determined with the Landscape Administrator prior to removal of any tree. (a) Preexisting Conditions. All construction activities for which final construction plans and building permit applications have been submitted prior to the effective date of this Article shall be exempt. (b) Diseased Trees. The tree is diseased, damaged beyond the point of recovery or in danger of falling as determined by the Landscape Administrator prior to the removal of the tree. The removal of a diseased tree by the city or an individual is required to reduce the chance of spreading the disease to adjacent healthy trees. (c) Public Safety. The tree endangers the public health, welfare or safety and W:\ Kennedale \ORDINANC \TreeOrdinance.wpd (02/12/04) Page 9 immediate removal is required. (d) Utility Service Interruption. The tree has disrupted a public utility service due to a tornado, storm, flood or other act of God. Removal shall be limited to the portion of the tree reasonably necessary to reestablish and maintain reliable utility service. (e) Landscape Nursery. All licensed plant or tree nurseries shall be exempt from the requirements of this Article as they pertain to those trees planted and growing on the premises of the licensee that are so planted and growing for the sale or intended sale to the general public in the ordinary course of the licensee's business. Sec. 16 -84. Tree Replacement Requirements. (a) Tree Replacement. In the event that it is necessary to remove a protected tree as specified in §§ 16 -81 through 16 -82, the party (other than franchise utility companies) removing the tree shall be required to replace the protected trees being removed with quality trees as defined herein. A sufficient number of trees shall be planted to equal or exceed the diameter (measured at four and one -half feet above ground level) of each tree removed. This mitigative measure is not meant to supplant good site planning. Tree replacement will be considered only after all design alternatives which could save more existing trees have been evaluated and reasonably rejected. The replacement trees shall be a minimum of three inch diameter (measured at one foot above ground) and seven feet in height when planted. (b) Replacement Procedures. At the time of review, the time of replacement and the location of the new trees will be determined by the Landscape Administrator. The replacement trees shall be located on the subject site whenever possible. However, if this is not feasible, the Landscape Administrator has the authority to allow the planting to take place on another property, including public property. Franchise utility companies shall be exempt from this requirement. If the Landscape Administrator approves the planting of replacement trees more than 30 days after the removal of protected trees, the applicant shall provide the Landscape Administrator with an affidavit that all replacement trees will be planted within six months. Any replacement tree required by this Article must be covered by a one -year warranty that is acceptable to the Landscape Administrator. (c) Tree Reforestation Fund. In a densely forested area, the applicant, upon approval of the Landscape Administrator, may make a payment into the Tree Reforestation Fund in lieu of planting the replacement tree on the subject site. The funds shall be used only for purchasing and planting trees on public property or acquiring wooded property which shall remain in a naturalistic state in perpetuity. The amount of the payment required for each replacement tree shall be calculated based on a schedule published annually by the Landscape Administrator which sets forth the average cost of a quality tree added to the average cost of planting a tree. W:\ Kennedale \ORDINANC \TreeOrdinance.wpd (02/12/04) Page 10 Sec. 16 -85. Tree Protection. A major purpose of this Article is to protect all protected trees which are not required to be removed to allow approved construction to occur. The following procedures are required. (a) Construction Plan Requirements. All construction plans shall include the requirements set forth in Appendix E. (b) Prohibited Activities. The following activities shall be prohibited within the limits of the critical root zone of any protected tree 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 critical root zone of any protected tree. However, this restriction shall not apply to material storage in areas exempt from the tree protection and replacement requirements (for example, building pad, driveway, patio, parking lot and the like.) (2) Equipment Cleaning /Liquid Disposal. No equipment shall be cleaned or other liquids deposited or allowed to flow overland within the limits of the critical root zone of a protected tree. This includes, without limitation, paint, oil, solvents, asphalt, concrete, mortar or similar materials. (3) Tree Attachments. No signs, wires or other attachments, other than those of a protective nature shall be attached to any protected tree. (4) Vehicular Traffic. No vehicular and /or construction equipment traffic or parking shall take place within the limits of the critical root zone of any protected tree other than on an existing street pavement. This restriction does not apply to single incident access within the critical root zone for purposes of clearing underbrush, establishing the building pad and associated lot grading, vehicular traffic necessary for routine utility maintenance or emergency restoration of utility service or routine mowing operations. (5) Grade Changes. No grade changes shall be allowed within the limits of the critical root zone of any protected tree unless adequate construction methods are approved by the Landscape Administrator or if grading is as directed by the city's drainage inspector. (6) Impervious Paving. No paving with asphalt, concrete or other impervious materials in a manner which may reasonably be expected to kill a tree shall be placed within the limits of the critical root zone of a protected tree except W:\ Kennedale \ORDINANC \TreeOrdinance.wpd (02/12/04) Page 11 as otherwise allowed in this Article. (c) Preserved Tree. A protected tree shall be considered to be preserved only if a minimum of 75% of the critical root zone is maintained at undisturbed natural grade and no more than 25% of the canopy is removed due to building encroachment. (d) Priorto Construction. The following procedures shall be followed on all types of construction projects (including residential subdivisions, commercial, multi family, industrial developments, residential builders and municipal /public). (1) Tree Flagging or Marking. Trees that are approved by the Landscape Administratorfor removal shall be flagged with bright fluorescent orange vinyl tape wrapped around the main trunk or marked with bright fluorescent orange paint at a height of four feet or more such that it is very visible to workers operating construction equipment. This shall not include the flagging or marking of all protected trees adjacent to right -of -ways within approved residential subdivisions during the construction of the roadway. Trees that are not flagged or marked shall be saved and protected by fencing in accordance with the requirements in subsection (d)(2). (2) Protective Fencing. In those situations where a protected tree is so close to the construction area that construction equipment might infringe on the root system or is within 20 feet of the construction area, a protective fencing shall be required between the outer limits of the critical root zone of the tree and the construction activity area. Four feet high protective fencing shall be supported at a maximum of ten feet intervals by approved methods. All protective fencing shall be in place prior to commencement of any site work and remain in place until all exterior work has been completed. (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 with 2" x 4" lumber encircled with wire or other means that do not damage the tree. The intent here is to protect the bark of the tree against incidental contact by construction equipment. (e) Permanent Construction Methods. (1) Boring. Where it is not possible to trench around the critical root zone of a protected tree, boring of utilities under the protected tree shall be required. The length of the bore shall at least be the width of the critical root zone and the depth of the bore shall at least be 24 inches. (2) Grade Change. In situations where the grade change within the critical root zone of a protected tree exceeds the limits noted in subsection (b) of this W:\ Kennedale \ORDINANC \TreeOrdinance.wpd (02/12/04) Page 12 section, the procedures noted in the city standard detail sheet shall be required. (3) Trenching. All trenching shall be designed to avoid trenching across the critical root zone of any protected tree. Although this section is not intended to prohibit the placement of underground services such as electric, phone, gas and the like, the placement of these utilities is encouraged to be located outside of the critical root zone of protected trees. Irrigation system trenching shall be placed outside of the critical root zone with only the minimum required single head supply line allowed within that area placed radially to the tree trunk. (4) Root Pruning. All roots two inches or larger in diameter which are exposed as a result of trenching or other excavation shall be cut off square with a sharp medium tooth saw and covered with pruning compound within two hours of initial exposure. Sec. 16 -86. Tree Pruning Restrictions. (a) General. No protected tree should be pruned in a manner which significantly disfigures the tree without proper cause or in a manner which would reasonably lead to the death of the tree. (b) Permit Requirements. All franchise utility companies shall be required to maintain at the city a set of pruning specifications (updated annually) to be followed by all pruning contractors working for the company within the city. Prior to beginning any pruning not requested bythe owner of the tree, the contractorfor a nonfranchise entity shall submit to the city an application for a pruning permit for approval. Utility companies may prune trees as necessary to maintain safe and reliable service or to reestablish disrupted electric service without obtaining a permit. (c) Allowed Pruning. The Landscape Administrator may approve pruning of a protected tree in cases where protected trees must be strategically pruned to allow construction or demolition of a structure. When allowed, all pruning shall be in accordance with § 16- 85(c), approved Arboricultural techniques and the recommendations of Appendix F. This section is not intended to require a tree permit for reasonable pruning performed or contracted to be performed by the owner of the tree when unrelated to construction activity. (d) Required Pruning. The owners of all trees adjacent to public right -of -ways shall be required to prune the trees, including any adjacent street trees, to maintain a minimum clearance of ten feet above the sidewalk or curb of a public street. The owners shall also remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall also have the right to prune trees overhanging within public rights -of -way which interfere with vehicular traffic or the W:\ Kennedale \ORDINANC \TreeOrdinance.wpd (02/12/04) Page 13 proper spread of light along the street from a street light or interfere with visibility of any traffic control device or sign or as necessary to preserve the public safety. (e) Tree Topping. It shall be unlawful as a normal practice for any person, firm or city department to top any street tree, park tree or other tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this Article at the determination of the Landscape Administrator. Sec. 16 -87. Tree Planting Restrictions. (a) Overhead Lines. Any required replacement trees shall not be planted within an area such that the mature canopy of the tree will be within ten feet of overhead utility lines. (b) Proximityto Utilities. Any required replacement trees or streettrees shall not be planted within five feet of electrical facilities (underground or surface), public utility lines, including water lines, sewer lines, transmission lines or other utilities. No trees shall be planted within ten feet of a fire hydrant. Shrubs will be permitted outside of the minimum clearance of surface electrical facilities established by the franchise electrical company. (c) Street Corners. No tree shall be planted closer than 25 feet of any street comer, measured from the point of nearest intersecting curbs or curblines. Sec. 16 -88. Additional Duties and Authorities of the Tree Board. The Tree Board shall have the responsibility to review and grant a tree removal permit for the following land use: (1) Any public or recreational use that is deemed acceptable to the Tree Board. (2) Any private use that is deemed acceptable to the Tree Board that usually requires large areas of open space. (3) In granting the tree removal permit, the Tree Board is authorized to impose whatever conditions of approval that are deemed necessary by the Tree Board. Sec. 16 -89. Building Permit. 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 this Article. The Building Official shall make available to the applicant a copy of this Article or a condensed summary of the relevant aspects pertaining to the type of permit requested. W: \Kennedale \ORDINAN MTreeOrdinancempd (02/12/04) Page 14 Sec. 16 -90. Acceptance of Improvements. No acceptance of public improvements shall be authorized until all fines for violations of this Article have been paid to the city or otherwise disposed of through the Municipal Court. No acceptance of public improvements shall be authorized until all replacement trees have been planted, appropriate payments have been made to the Tree Reforestation Fund, or an affidavit has been submitted in accordance with the requirements set forth in Section 16- 84(b). Sec. 16 -91. Certificate of Occupancy. No certificate of occupancy shall be issued until all fines for violations of this Article have been paid to the city or otherwise disposed of through the Municipal Court. No certificate of occupancy shall be issued until all replacement trees have been planted, appropriate payments have been made to the Tree Reforestation Fund, or an affidavit has been submitted in accordance with the requirements set forth in Section 16- 84(b). Sec. 16 -92. Fiscal Security. Notwithstanding the provisions of §§ 16 -89 through 16 -91, public improvements may be accepted and certificate of occupancy may be issued before all trees have been replaced if a fiscal security is posted in an amount equal to the prevailing rate for installed trees with a one year guarantee, plus 15% to cover administrative costs. Sec. 16 -93. Park Trees. No person shall prune, treat or remove park trees without the express written consent of the Landscape Administrator. Sec. 16-94. Penalty. (a) Any person, firm, corporation, agent or employee thereof who: i) cuts down, destroys, removes, moves or effectively destroys through damaging any protected tree without first obtaining a tree permit from the City, where required; ii) does so in violation of the tree permit; or iii) fails to follow the tree replacement procedures set forth in Section 16-84, shall be guilty of a misdemeanor and upon conviction shall be fined One Hundred Dollars ($100.00) per diameter inch of the tree(s) removed or damaged, not to exceed Five Hundred Dollars ($500.00) per incident. The unlawful replacing, cutting down, destroying, removing, moving or effectively destroying through damaging of each protected tree shall constitute a separate offense and each offense shall subject the violator to the maximum W:\ Kennedale \ORDINANC \TreeOrdinance.wpd (02/12/04) Page 15 penalty set forth herein for each tree. (b) Any person, firm, corporation, agent or employee thereof who violates any other provisions of this Article shall be guilty of a misdemeanor and upon conviction hereof shall be fined not to exceed $500 for each incident. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and the Code of the City of Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and Code, in which event the conflicting provisions of such ordinances and Code are hereby repealed. SECTION 3. It is hereby declared to be the intention ofthe City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. The City Secretary of the City of Kennedale is hereby directed to publish in the official newspaper of the City of Kennedale the caption, penalty clause, publication clause and effective date clause of this ordinance as provided by Section 3.10 of the Charter of the City of Kennedale. W:\ Kennedale \ORDINANC \TreeOrdinance.wpd (02/12/04) Page 16 SECTION 5. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS 12 DAY OF FEBRUARY , 2004. O F KEN�y., . .•�� " =_ MAYOR ATTEST: cr A COON `,:��`' CITY SECRE ARY EFFECTIVE: Z - - 20— 0 g APPROVED AS TO FORM AND LEGALITY: W ka&= CITY ATTORNEY W: \Kennedale \ORDINAN MTreeOrdinancempd (02/12/04) Page 17 APPENDIX A Natural Resources Management TREE EXHIBIT Critical Root Zone (CRZ): The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the dripline. Drip Line: A vertical line run through the outermost portion of the canopy of a tree and extending to the ground. APPENDIX B Natural Resources Management IRREGULAR SWELLING (requires discretion by Landscape Administrator) MULTI -TRUNK TREE LEANING TREE Source: COA Diameter Measurement: The diameter of a tree shall be measured as shown above. The diameter of a tree shall be the total diameter of the largest trunk plus half the diameter of each additional trunk. ON A SLOPE Common Name Pecan Cedar Elm Shumard Red Oak Texas Red Oak Live Oak Bur Oak Post Oak Black Jack Oak Lacebark Elm Chinese Pistache Sweetgum Austrian Pine Chinquapin Oak Southern Magnolia APPENDIX C Quality Trees Botanical Name Carya illinoensis Ulmus crassifolia Quercus shumardii Quercus texana Quercus virginiana Quercus macrocarpa Quercus stellata Quercus marilandica Ulmus parvifolia Pistacia chinensis Liquidambar styraciflua Pinus nigra Quercus muhlenbergii Magnolia grandiflora Identification Notes Pecan fruit, compound leaves Deciduous, 1"-2" dark green leaves Deep pointed lobes in leaves Vertical multi -mink shape 1 ' / 2 " dark green pointed leaves Large acorn, leaf border at end Deep lobes, rounded tip on leaf Leathery Y -7" leaf, no lobes Small dark serrated green leaves 3" sickle leaflets, fall color Star shaped leaf Two needles Oblong 4 " -6" serrated leaf Large evergreen leaf, white flower W:\ Kennedale \ORDINANC \TreeOrdinance.Exhibit C.wpd Bald Cypress Taxodium distichum Feather -like foliage, Cottonwood Populus deltoides fall color Caddo Maple Acer barbatum 'Caddo' Five -lobed leaf Texas Hickory Carya texana Five leaflets, V-2" Mesquite Prosopis glandulosa nut Western Soapberry Sapindus drummondii 18" compound leaf, American Elm Ulmus americana ' /2 " clear fruit Red Cedar Juniperus: virginiana Native, pyramidal Slash Pine Pinus elliotti shape Marainal Trees Common Name Botanical Name Identification Notes Cottonwood Populus deltoides Deep fissures in bark heart shape leaf Mesquite Prosopis glandulosa Lacy open foliage, 10" bean fruit American Elm Ulmus americana "V" shaped main branching Slash Pine Pinus elliotti Tall cylindrical shape Honeylocust Gleditsia triacanthos Lacy foliage , thornless variety only Japanese Black Pine Pinus thunbergii Twisted growth, dark green needles Deodar Cedar Cedrus deodara Large p y r a m i d a l evergreen Understory Trees Common Name Botanical Name Identification Notes Redbud Cercis canadensis Purple /white flower W:\ Kennedale \ORDINANC \TreeOrdinance.Exhibit C.wpd W:\ Kennedale \ORDINANC \TreeOrdinance.E)Oibit C.wpd in spring Mexican Plum Prunis mexicana White flower, exfoliating bark, thorns Possumhaw Holly Ilex decidua Showy orange /red fruit, deciduous Golden Raintree Koelrutaria paniculata Yellow flower, panicled fruit Yaupon Holly Ilex vomitoria Evergreen, light bark red fruit Cherry Laurel Prunus caroliniana Glossy evergreen foliage, shrubby River Birch Betula nigra White flaky bark Eves Necklace Sophora aff inis D u I I g r e e n tear - dropped shape leaf Persimmon Diospyros virgininana Thin, smooth, pale grey bark Rusty Blackhaw Viburnum nufidulum Glossy, dark green leaved white flowers Wax Myrtle Myrica cerifera Light olive -green leaves, pale blue berries W:\ Kennedale \ORDINANC \TreeOrdinance.E)Oibit C.wpd APPENDIX D List of Items Required on Tree Survey: 1. Appropriate title (for example, Tree Removal Exhibit or Tree Survey). 2. Title block, including street address, lot and block, subdivision name, city and date of preparation. 3. North arrow, graphic and written scale in close proximity. 4. Scale at a size no larger than 1 " =100 for residential development; scale to be determined by the Landscape Administrator for nonresidential and home building activities. 5. Name, address and phone of owner and person preparing the document. 6. Location of all right -of -way lines and public easements. 7. Location of all buildings, structures, pools, parking and other improvements which are existing or intended on the lot. 8. Areas of cut/fill with amount of each shown and flow lines shown. 9. Existing and proposed spot elevations, grades and major contours, along with existing landscaping, streams, ponds and major natural features. 10. Areas of no disturbance labeled as "No Disturbance Area." This area must be clearly marked on the plan and surrounded with protective fencing on the ground. A single incidence removal of underbrush and vines is allowed. t 11. All protected trees shown individually on the plan.' Canopy Trees six inches or greater in size and Understory Trees two inches or greater in size. Trees in close proximity that all have a caliper of less than four inches may be designated as a group of trees with quantity of quality, marginal and understory trees shown. (See Appendix C) 12. The location of protected trees must be tied by horizontal control (including dimensions from lot lines or placed through coordinates determined via survey.) 13. All protected trees shown with diameter (four and one -half feet from the ground), common name and condition. 14. Any proposed replacement trees shown with caliper size, common name of tree and mature size. W:\ Kennedale \Ordinanc \TreeOrdinance.Exhibit D.wpd 15. Graphic representations distinguishing protected trees that will be saved versus those that will be removed. 16. Phasing of tree survey along with phasing of the development is permitted. Notes: The Landscape Administrator shall have the authority to designate areas as "no disturbance" areas where a survey would not be required due to no intended construction. 2 An area may be designated as a "No Disturbance Zone" on the plan when approved by the Landscape Administrator and trees within that zone are not required to be individually identified on the plan. 3 The Landscape Administrator shall have the authority to exempt any of the above items that he /she deems to be not applicable. W:\ Kennedale \Ordinanc \TreeOrdinance.Exhibit D.wpd l APPENDIX E Construction Plan Requirements The following shall be required as a part of all construction plans submitted to the city when tree removal or tree protection is required during any phase of site work or construction. A Tree Preservation Detail Sheet shall include the following at a minimum. a. The requirements of § 16 -85 (b) through (d) shall be noted. b. A graphics legend to be used throughout the plans for the purposes of showing the following: trees to be flagged, protective fencing, trees requiring bark protection, boring, areas of cut and fill impacting protected trees. C. Graphic tree exhibit showing the features of a tree to include the critical root zone, trunk, canopy, drip line and method of diameter measurement (per Appendices A & B). d. Graphic exhibits showing methods of protection to include snow fences, boarded skirts and the like. e. Graphic exhibits showing construction methods to include grade changes, boring, trenching and the like. Graphic exhibit showing appropriate pruning practices (per Appendix F). 2. All practices which will be employed in meeting the requirements of this Article shall be shown graphically on all applicable sheets within the construction plans. 3. Documents as required in Appendix D herein. WA Kennedale \ORDINANC \TreeOrdinance.Exhibit E.wpd branch I bark ridge Ilk* I TREE PRUNING RECON MLENDATIONS No Yes collar When removing a branch, always cut outside the branch bark ridge and collar. Do not make a flush cut. �n 11 codominant stems APPENDIX F Natural Resources Management /No 4 •* bark �'• ridge Yes 1'. 1f, Branches that do not have a distinct collar should be cut at a right angle to the branch outside the branch bark ridge. J, $ 2. remove limb collar 1. under cut 3. cut stub outside of collar Trees may have codominant stems, as shown on the When removing heavy limbs, first make an left. If a codominant stem must be removed, cut at an undercut several inches outside of the collar. Then angle outside of the bark ridge as shown in the insert at remove limb by a second cut an inch or so outside right. Avoid leaving any stub. of the first cut. Remove stub with a third cut just outside of the collar. (Feucht, 1985)