§ 14-152. Tree preservation.

The provisions in this section shall be applicable specifically with regard to tree preservation.

(1)

Applicability. This section shall apply to any of the following, except as exempted in subsections (2) and (3) of this section.

a.

Private property. The requirements of this section shall apply to any private property located within the City.

b.

Public property. The requirements of this section shall apply to all public property held by or for the benefit of the City or any City agency, board or commission.

c.

Generally. The requirements of this section shall regulate all activities which involve or may involve the:

1.

Clearing, selective or individual cutting or removal of protected tree or heritage tree.

2.

Clearing, selective or individual cutting or removal of red oak trees.

3.

Chemical or biological treatment of any tree that may result in the death or destruction of any protected tree or heritage tree.

4.

Trenching or excavation of any area that may damage or destroy protected tree or heritage tree.

5.

Grading, filling or clearing of land.

d.

Parking lots. Parking lots in residential zoning districts shall be subject to the mitigation requirements of subsection (8) of this section.

e.

Grading/filling/clearing of land. The requirements of this section shall apply to and regulate any grading, filling or clearing of land within the City.

(2)

Activities exempt. The requirements of this section shall not apply to the clearing of understory necessary to perform boundary surveying of real property or the clearing of underbrush required to conduct tree surveys or inventories. Clearing for surveying may not exceed a width of two feet for general survey (i.e., of easement boundary, etc.) and eight feet for survey of property boundary lines. No tree six inches, measured in diameter breast height (DBH), or larger, may be removed in any manner during such boundary or general surveying.

(3)

Trees exempt. This section shall not apply to:

a.

Any protected tree or heritage tree or red oak determined by the City Manager or his designee to be:

1.

Diseased, dying or dead;

2.

Dangerous or hazardous as a result of a natural event such as tornado, storm, flood or other act of God that endangers the public health, welfare or safety and requires immediate removal; or

3.

Located within building footprint (not including canopies), right-of-way or easement.

b.

Trees located on property upon which construction of single-family, two-family or three-family residential dwelling units has been completed.

c.

Trees located in the clear vision area.

(4)

Health and safety provisions controlling. The requirements in this section shall control in the event and to the extent they may conflict with other provisions contained in this article that do not relate to health and safety.

(5)

Protected trees defined. Table 5 below defines the threshold trunk sizes of protected tree and heritage tree species, measured in DBH.

Table 5. Protected Trees
Common Name	Scientific Name	Remarks	Protected Size DBH	Heritage Size DBH
Arizona Cypress	Cupressus arizonica	Evergreen conifer; gray-green foliage; pyramidal form	8	24
Bald Cypress	Taxodium distichum	Deciduous conifer; buttressed trunk; fine textured foliage	8	24
Blackjack Oak	Quercus marilandica	Deciduous; dull red fall color; highly tolerant of poor soil	6	18
Black Walnut	Juglans nigra	Deciduous; fine ornamental; sun-shade	6	12
Black Willow	Salix nigra	Deciduous; lance-shaped leaves; extensive root system	6	N.A.
Bur Oak	Quercus macrocarpa	Deciduous; large, coarse canopy; furrowed bark	6	18
Cedar Elm	Ulmus crassifolia	Deciduous; narrow canopy; good shade tree for ROW's	6	18
Condalia	Condalia obovata	Evergreen; lime green leaves; very drought tolerant	4	8
Lacey Oak	Quercus laceyi	Deciduous; rounded crown; blue-green leaves	6	24
Live Oak	Quercus virginiana	Evergreen; twisting limbs; excellent shade tree	6	24
Mesquite	Prosopis glandulosa	Deciduous; narrow leaflets; open crown	12	N.A.
Mexican Plum	Prunus mexicana	Deciduous; white flowers in early spring; characteristic black and white bark	6	16
Mountain Laurel	Sophora secundiflora	Evergreen; dense, glossy foliage; fragrant purple flower clusters	4	12
Post Oak	Quercus stellata	Deciduous; rugged form; dormant leaves persist in winter	6	18
Texas Persimmon	Diospyros texana	Deciduous; smooth gray bark; females with black fruit	6	12
Texas Redbud	Cercis canadensis var texana	Deciduous; heart-shaped leaves, profuse purple flowers in early spring	6	12

 

(6)

Tree survey.

a.

Minimum requirements. For each activity subject to this section, a tree survey shall be performed on the subject property that, at a minimum, shall contain the following information:

1.

The location and size in diameter inches of each protected tree that is located on the subject property

2.

The location and size in diameter inches of each red oak tree that is located on the subject property.

3.

The location and size of each existing or proposed tree, or group of trees, that will be relied upon by the applicant for mitigation.

4.

Tree protection notes, details and specifications.

5.

A summary table, indicating the total number, diameter inches, and species of protected trees to be removed within the surveyed area and the total number of caliper inches of mitigation trees to be planted.

6.

The location of all existing and proposed structures, utilities, paved areas and sidewalks.

7.

The existing and proposed topographical information, easements, rights-of-way, set-backs, parkways and property lines.

b.

Methods of measurement.

1.

Single-trunk species. A tree's DBH shall be measured at a point 4½ feet above the ground level, at the trunk, and recorded as such.

2.

Multitrunk species. Trees with more than one trunk shall be measured at a point 4½ feet above the ground level, at the trunk, combining the measurements of the two largest trunks and recording same.

(7)

Minimum tree preservation requirements.

a.

Generally. A minimum of 25 percent of the total diameter inches of protected trees included in the tree survey must be preserved. All percentages relating to preservation stated within this section shall be based upon the initial tree survey. Any subsequent redevelopment of property must preserve, at a minimum, the applicable percentage of the total diameter inches of protected trees, as indicated by the initial tree survey.

b.

Trees excluded from calculation. Any tree located within a building footprint, easement, public road, public alley or right-of-way will be excluded in calculating the percentage of protected trees, that must be preserved.

(8)

Mitigation/alternative mitigation methods.

a.

Generally. Protected trees may be removed in excess of the minimum preservation requirement if such excess removal is properly mitigated; provided, however, at least ten percent of the total diameter inches within the surveyed area must actually be preserved in place.

b.

Mitigation. Mitigation required to compensate for the removal of trees in excess of the number of allowable diameter inches pursuant to minimum preservation requirements may be achieved through the protection and maintenance of existing trees within the surveyed area that are on the protected tree list and at least two inches, measured in DBH, but are smaller than the size requirement for protected trees. Otherwise, such mitigation may be achieved as follows:

1.

Protected trees. Protected trees shall be mitigated at a ratio of one diameter inch per one diameter inch of protected tree removed.

2.

Heritage trees. Heritage trees shall be mitigated at a ratio of three diameter inches per one diameter inch of heritage tree removed.

c.

Biodiversity. In order to encourage ecological biodiversity, whenever protected trees or heritage trees are mitigated in accordance with the requirements of this section, no more than 30 percent of the replacement trees shall be of the same species.

(9)

Root protection requirements.

a.

Root protection zone requirement. A root protection zone must be established around the trunk of each tree preserved, or mitigation tree planted, pursuant to this section.

b.

Root protection zone defined. The root protection zone shall be an area defined by an average radius extending outward from the trunk of the tree a distance of one-half linear foot for each inch, measured in DBH, of the subject tree. The root protection zone need not be exactly centered on the tree or circular in shape, but it should be positioned so that no disturbance occurs closer than four feet to the tree.

c.

Condition of root protection zone.

1.

Pervious condition. The area contained within a root protection zone must be left in pervious condition after construction and development are completed.

2.

Unpaved. The root protection zone for each preserved tree must remain unpaved unless otherwise permitted in the approved landscape plan.

3.

Mulch. In the event that any vegetation around the base or bases of protected trees is removed, mulch must be provided immediately after such removal.

d.

Warranty exception to root protection zone.

1.

Generally.

(i)

A developer or property owner who wishes to utilize a root protection zone smaller than the zone required by subsection (9)a of this section, may submit a tree preservation warranty to the City Building Inspector, warranting the life of a tree or tree for a period of three years from the completion date of construction and development ("tree warranty period").

(ii)

The tree preservation warranty shall obligate the developer or property owner submitting same, as well as any successor owner of the property (collectively "obligor"), to replace any tree reflected on the tree survey submitted pursuant to subsection (6)a of this section, in the event such tree dies during the term of said warranty.

2.

Replacement tree. Any tree replaced pursuant to the tree preservation warranty must be of:

(i)

The same category type or better as the tree reflected on the tree survey submitted pursuant to subsection (6)a of this section; and

(ii)

At least the same size, measured in DBH (or total diameter inches if more than one tree is planted to replace a single dead tree) as the tree reflected on the tree survey submitted pursuant to subsection (6)a of this section.

3.

Enforcement procedures.

(i)

The City may request, in writing, that any obligor replace a tree which is subject to a tree preservation warranty and has died during the term of said warranty.

(ii)

If the obligor fails to replace such tree within 90 days of the City's written request to replace same, the City shall have the right, but not the obligation, to replace such tree, at the obligor's cost. The City may thereafter file a lien against the subject property in order to collect the cost of same from the obligor.

4.

Warranty provisions. The tree preservation warranty shall be filed of record, by the City, in the real property records of the County, and shall provide as follows:

"This tree preservation warranty is provided in accordance with the regulations of the City of Shavano Park, Texas ("City"), regarding landscaping and tree preservation in connection with commercial property development within its City limits and extraterritorial jurisdiction.

In consideration of the City's approval of the exception to the root protection zone requirements ("Exception Area") as shown on the ____________ [plan] ____________ , related to ____________ [legal description of property] ____________ ("Property"), the undersigned hereby agrees to replace any tree within the Exception Area on the Property, which dies during the period of time from ____________ [term] to ____________ , such replacement to occur in the manner required by applicable City regulations.

This warranty is appurtenant to, and shall run with, the property and shall be an obligation of any owner of said Property, and his/its successors and/or assigns, during its term. Conveyance of the property shall relieve neither the undersigned nor his/its successors or assigns from personal liability for fulfillment of the obligations created hereunder."

5.

Fee. The City may charge a reasonable fee for recordation of the tree preservation warranty. Such fee shall be established by the City Council from time to time.

6.

Expiration/release of warranty. Upon expiration of the tree warranty period, the obligor may request a tree warranty inspection of the property by the City Building Inspector. If, at the time of such inspection, the trees referenced in the tree survey have not died or, alternatively, have died and been replaced as required herein, the City will execute a release of tree preservation warranty, in recordable form, which the owner of the Obligor may file of record in the real property records of the County. After such filing, the tree preservation warranty and obligor's obligations thereunder shall be of no further force and effect.

(10)

Tree protection.

a.

Protection barrier.

1.

Generally. A protection barrier shall be installed and maintained at the edge of every root protection zone, as defined in subsection (9)b of this section.

2.

Barrier material. This protective barrier may be comprised of snow fencing, vinyl construction fencing, chainlink, geotextile material or other similar sturdy material.

3.

Condition of area within barrier during construction. During construction, no excess soil, additional fill, equipment, liquids or construction debris shall be placed inside the protective barrier nor shall any soil be removed within the barrier. The protection barrier must be maintained until construction is completed.

b.

Grading. The proposed finished grade within the root protection zone of any tree to be preserved shall not be raised or lowered more than three inches, and must always leave the flare of the tree exposed. Welling and retaining methods may be used to protect and/or provide lateral support to the area outside the root protection zone.

c.

Damaged trees.

1.

Mitigation, protected or heritage trees. All broken branches and exposed roots of mitigation, protected or heritage tree shall be cut cleanly.

2.

Oak trees. When any site work associated with new construction and/or expansion involves any damage, pruning, or removal of any Texas (Spanish) Red Oak or Live Oak trees, all damaged, trimmed and/or exposed, surfaces and wounds shall be painted as soon as possible, and no later than 30 minutes after time of cutting. All work related to oak wilt protection shall comply with the requirements of article II of this chapter, except that pruning and removal shall not be limited to specified months.

(11)

General maintenance. Heritage, protected or mitigation trees must be maintained in a healthy condition at all times. The property owner is responsible for irrigating, fertilizing, pruning and other maintenance of all trees, as needed.

(12)

Replacement of dead trees.

a.

Generally. Any tree shown on the approved landscape plan that dies must be replaced with another living tree of the same category type or better within 90 calendar days after notification by the City. The Building Inspector may extend this time period up to an additional 90 calendar days due to weather considerations.

b.

Mitigation trees. Mitigation trees that are planted on the property and that die within 12 months of final inspection are subject to the mitigation requirements set forth in subsection (7) of this section, at a ration of one inch mitigation for every one inch of protected tree that dies.

c.

Heritage trees. Heritage trees that die from other than natural causes shall be mitigated at a ratio of three inches mitigation for every one inch of heritage tree.

(13)

Public utilities. If a public utility disturbs a tree and the tree dies, such utility shall be responsible for replacement of the tree. Any such tree must be replaced with another living tree of the same category type or better within 90 calendar days after notification by the City. The Building Inspector may extend this time period up to an additional 90 calendar days due to weather considerations.

(14)

General planting standards.

a.

Artificial materials prohibited. No artificial plant materials may be used to satisfy requirements of this section.

b.

Minimum requirements.

1.

Mulch material shall be provided and used at the time of planting.

2.

Each replacement tree must be planted at least 24 inches away from any impervious surface.

3.

Plant areas must be protected from vehicular traffic.

4.

Mitigation or replacement trees required by this section must have a minimum diameter of two inches, measured in DBH, at the time of installation, and shall be planted in a pervious area of at least 162 square feet.

(Ord. No. 600-149-05, § 5, 1-18-2005; Ord. No. 0-2015-009 , § I, 3-23-2015)