HomeMy WebLinkAboutOrd 220-2005 Tree Preservation.pdfORDINANCE NO. 220-2005
AN ORDINANCE OF THE ClTY OF ANNA, TEXAS, CREATING LANDSCAPE
REQUIREMENTS AND STANDARDS; PROVIDING FOR PRESERVATION,
PROTECTION AND PLANTING OF TREES; ESTABLISHING PERMIT
REQUIREMENTS; PROVIDING CRIMINAL AND CIVIL VIOLATIONS AND
PENALTIES; PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED
DOLLARS ($500.00) FOR EACH OFFENSE EXCEPT WHERE A DIFFERENT
PENALTY HAS BEEN ESTABLISHED BY STATE LAW AND EACH AND EVERY
DAY SAID VIOLATION IS CONTINUED SHALL CONSTITUTE A SEPARATE
OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER
CLAUSE; AND PROVIDING FOR PUBLICATION.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE ClTY OF
ANNA, TEXAS:
Section 1. Purpose:
The terms and provisions of this ordinance are intended to accomplish the following public
purposes:
A. To encourage preservation of existing public and private shade, ornamental, or
specimen trees andlor trees of historic value through incentives and penalties.
B. To encourage ecological stabilization through urban forest management that contributes
to the processes of air purification, oxygen regeneration, ground water recharge, storm
water runoff retardation; and promote energy efficiency and water conservation through
tree preservation and cultivation, thereby abating noise, heat, and glare.
C. To acknowledge that trees and landscaping add value to property and protect public and
private investments to the general benefit of the City and its residents.
D. To define reasonable protective measures required to preserve the protected tree
population.
E. To protect healthy quality trees and promote the natural ecological, environmental, and
existing aesthetic qualities of the City.
F. To preserve and promote the appearance and rural heritage of the City.
G. To protect and preserve native and specimen vegetative species, their ecosystems and
natural habitats, and prevent damage to and unnecessary removal of vegetation during
the land development and construction processes.
H. To prohibit indiscriminate clear-cutting.
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Section 2. Definitions
The following definitions shall apply unless the context clearly indicates or requires a different
meaning.
Buildable area- That portion of a building site on which a building pad or building improvements
may be erected, including the actual structure, driveway, pool, decks, and other construction
shown on a site plan approved in connection with the issuance of a building permit.
Building pad-The actual base area of a building and an area not to exceed six feet around the
foundation necessary for construction and grade transitions.
Building Lot Owner- The owner of a building lot or tract of land within the corporate limits of
the City or within the City's extraterritorial jurisdiction who is not in the process of subdividing
land.
Caliper- The diameter measurement of a tree trunk. Caliper of the trunk shall be measured 12
inches above the soil line for trees up to and including four-inch caliper size and 18 inches
above the ground for larger sizes.
City- City of Anna, Texas.
Clear Cutting-The removal of ten or more protected trees from a property within a ninety (90)
day period.
Critically alter- Uprooting or severing the main trunk of a tree, or any act which causes or may
reasonably be expected to cause a tree to die. This includes, but is not limited to: damage
inflicted upon the root system of a tree by machinery, storage of materials, or the compaction of
soil above the root system of a tree; a change in the natural grade above the root system of a
tree; an application of herbicidal chemical or the misapplication of beneficial chemicals;
excessive pruning; placement of nonperrneable pavement over the root system of the tree;
trenching within the primary root zone. Additionally, a tree may be considered critically altered if
more than 25% of the primary root zone is altered or disturbed at natural grade, or more than
25% of the canopy is removed.
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. See the List of Quality and Acceptable Replacement
Trees for Anna, Texas, attached as Appendix A to this ordinance.
Cutlfill- Areas where the natural ground level has been excavated (cut) or where fill material
has been brought in.
Developer- Any person who, in connection with the use of the land, is required to, or has, or is
in the process of making application to the City for subdivision plat approval of property within
the corporate limits of the City or within the City's ETJ.
Diameter at breast height (DBH)- Diameter at breast height is the tree trunk diameter
measured in inches at a height of 4 %feet above the soil line. If a tree splits into multiple trunks
below 4 % feet, the trunk is measured at its most narrow point beneath the split.
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Determination of exemption-A determination made by the Landscape Administrator or his or
her designee that no tree permit or tree preservation is required for the site.
Drip line-Whichever is greater:
1. A vertical line running through the outermost portion of the canopy of a tree and
extending to the ground, or
2. If the tree is damaged or deformed, a circular area with a radius equal to two feet per
inch of caliper.
Erosion hazard setback- The area along a drainage channel designated as an erosion setback
under the City's stormwater regulations.
Exemption Area - An area that is clearly exempt from all tree replacement and tree protection
requirements of this ordinance, as approved by the Landscape Administrator.
Extraterritorial Jurisdiction or ETJ - The unincorporated area that is contiguous to the City of
Anna's corporate boundaries to the extent described or permitted by the applicable provision(s)
of Texas Local Government Code w2.021, et seq.
FEMA 100 Year Flood Plain- The area designated as being within the one hundred year flood
plain on the Federal Emergency Management Agency flood insurance rate map (FIRM) as of
the effective date of this ordinance. The boundary may be verified and established through field
surveys based on elevation. Any changes made by FEMA to the 100 year flood plain boundary
after the effective date of this ordinance due to filling of the flood plain, channelization, or other
drainage improvements shall not reduce the area in which tree preservation, replacement, or
protection requirements apply, unless--and only to the extent-that a reduction is necessary for
compliance with the City Flood Prevention Ordinance, FEMA regulations or other state or
federal law.
Grubbing- Excavating or removing a significant part of the root system.
Historic tree- A tree which has been found by the City to be of notable historic interest because
of its age, type, size, or historic association.
Landscape Administrator- The individual or company appointed by the City Manager to
administer City ordinances related to tree preservation.
Municipal and public domain property- Property in which title is held in the name of a
governmental entity. Examples include but are not limited to City buildings, county property,
public parks, Corps of Engineers property, state right of way, libraries, fire stations, water tower
sites, or similar other properties.
NRCS- National Resource Conservation Service.
NRCS lake tree preservation zone- The area within an elevation two feet above the
emergency spillway elevation of any NRCS lake.
Nondisturbance area- An area in which no development activity or vehicular traffic associated
with the construction or development of land occurs.
ORD 220-2005 Tree Preservation Page 3 of 16
Owner- Any person with an interest in land, or a lessee, agent, employee, or other person
acting on behalf of the owner.
Pruning- The removal of dead, injured, or diseased limbs or roots to maintain plant health or
the removal of limbs or roots to control or direct vegetative growth.
Protected tree- A quality tree with a trunk six inches or greater in caliper at four feet six inches
(4 % feet) above the ground. The caliper of a multi-trunk protected tree shall be determined by
adding the total caliper of the largest trunk to one-half the caliper of each additional trunk.
Protective fencing- Chain link fencing, orange vinyl construction fence or other fencing at least
four (4) feet high and supported at a maximum of ten (10) foot intervals by approved methods
sufficient to keep the fence upright and in place. The fencing shall be of highly visible material.
Quality tree- A tree species which typically has significant positive characteristics worthy of
preservation, as listed in this section (see Appendix A attached to this ordinance).
Root zone, primary- 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 attached to this ordinance).
Specimen tree- A tree which has been determined by the City to be of high value because of its
type, size, or other specific criteria. Generally, specimen trees are trees having 24" trunk caliper
at a point 4 % feet above ground level but other criteria may also be utilized.
Tree- Any self-supporting woody plant which will attain a trunk caliper of two inches or more
when measured at a point 4 % feet above ground level and normally an overall height of at least
15 feet with a canopy of at least 15 feet in caliper at maturity. A tree may have one main stem
or trunk or several stems or trunks.
Tree Board- A board appointed by the City Council to cany out the duties and responsibilities
set forth in this section. The City's Planning and Zoning Commission shall constitute the Tree
Board unless the City Council appoints a separate Tree Board.
Tree protection sign- A sign describing prohibited conduct detrimental to trees and meeting
specifications of the City's Landscape Administrator to be posted on the site upon approval of a
tree permit.
Tree survey- A plan drawing that identifies the location of protected trees and contains the
information required to be set forth within this ordinance. The tree survey shall be prepared by
an arborist, a licensed surveyor, a licensed landscape architect, or other qualified person
approved by the Landscape Administrator. For projects of limited scope, the Landscape
Administrator may approve a tree survey prepared by a non-professional if complete and
accurate information is provided.
Tree topping- The severe cutting back of limbs to stubs larger than 3 inches in caliper within
the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.
Utility company, franchise utility, or public utility- A company or entity, or agent for a
company or entity that provides a utility service, such as the provision of gas, electric, cable, or
telephone service within the City.
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Section 3. Permits
A tree permit shall be obtained from the Landscape Administrator before critically altering any
protected tree, except under any of the following circumstances:
A. The protected tree endangers the public health, welfare or safety and immediate
alteration is required.
B. The tree has disrupted a public utility service due to a tornado, storm, flood or other act
of God. Critical alteration shall be limited to the portion of the tree reasonably necessary
to reestablish or maintain reliable utility service.
C. The tree is located on the property of a licensed plant or tree nursery which has trees
planted and growing on the premises for the sale or intended sale to the general public
in the ordinary course of the nursery's business.
D. The tree is located on a lot of record on which a single-family or duplex residence legally
exists as the primary use, except those areas of such lots within a FEMA one-hundred
year flood plain, erosion hazard setback zone; protected trees of 27-inch caliper or
greater in size shall not be exempt.
E. The tree is part of an orchard.
F. The tree is dead, unless the tree was required under a landscape plan or was a required
replacement tree.
Section 4. Permit Types
A. Limited Purpose Tree Permit- A limited purpose tree permit shall be approved prior to the
critical alteration of one or more trees on any site where the removal of trees is not related to
a construction project which requires issuance of a building permit or development permit.
This shall not include alteration of trees for agricultural purposes. A limited purpose tree
permit shall become void 180 days after the issuance date and does not require a fee paid
to the City.
B. Construction Tree Permit- A construction tree permit shall be approved:
1. Prior to any building, paving, grading, or construction of a subdivision or public
improvement. An application for a construction tree permit shall be submitted concurrent
with a preliminary or short formlcombination plat. A development permit shall not be
issued prior to issuance of a construction tree permit. A construction tree permit shall
not be required prior to construction of a subdivision or public improvements if an
application for a preliminary plat or preliminary-final plat has been filed prior to the
effective date of this ordinance.
2. Prior to any paving, grading, or construction of a building other than a single-family or
duplex residence. An application for a construction tree permit shall be submitted
concurrent with a detailed site plan. A building permit shall not be issued prior to
issuance of a construction tree permit. A construction tree permit shall not be required
ORD 220-2005 Tree Preservation Page 5 of 16 07-26-05
prior to construction of such a building if an application for a site plan has been filed prior
to the effective date of this ordinance.
3. Prior to any paving, grading, or construction of a single-family or duplex residence on
any lot containing a FEMA 100-year flood plain, NRCS lake tree preservation zone, or
erosion hazard setback zone. An application for a construction tree permit shall be
submitted concurrent with the application for a building permit. A development permit
shall not be issued prior to issuance of a construction tree permit. A construction tree
permit shall not be required prior to construction of a single-family or duplex residence if
an application for a building permit has been filed prior to the effective date of this
ordinance.
4. Authorization to critically alter trees on a site for which a construction tree permit is
required shall be limited to those trees identified and approved for critical alteration as
shown on documentation submitted for the construction tree permit.
C. Permit PeriodINature of Permit
A construction tree permit shall be valid for the period of the site plan, development permit,
or building permit's validity, or a maximum of two years, whichever is less. Upon and after
expiration of a construction tree permit, such expired permit may not be deemed to be a
"permitn in connection with Texas Local Government Code 5245.001, et seq. or any other
statute or law conferring vested rights for development. Any permit issued under this
ordinance does not create a property right in the permittee.
Section 5. Applicability
The provisions of this ordinance shall apply to all new and existing real property within the City
and its ETJ to extent stated herein. The following shall be exempt from tree preservation and
replacement requirements:
1. Major drainage structures, including detention and retention basins, and including
transitional slopes at the maximum slope allowed by the City's stormwater regulations.
2. Golf courses.
3. Hikelbikelequestrian trails.
4. Sports fields open for public use, such as soccer, baseball, and football fields.
5. Equestrian centers.
6. Critical alteration of any protected tree by a utility company in order to maintain
appropriate existing utility services.
7. Construction of utilities or public infrastructure.
Section 6. Conflicts with other Ordinances
All applicable provisions of the comprehensive zoning ordinance, subdivision ordinance, storm
ORD 220-2005 Tree Preservation Page 6 of 16 07-26-05
water regulations, building codes and other ordinances, as they exist or as amended, shall
apply. The provisions of this ordinance are not intended to modify or amend the site plan
requirements of the comprehensive zoning ordinance with regard to the placement of building
pads, roadways, easements, utilities, pedestrian ways or other buildable areas; such placement
of any application shall be left to the sole discretion of the applicant so long as the same
conform to the applicable requirements of the comprehensive zoning ordinance.
Notwithstanding the foregoing, nothing herein shall confer any vested rights on the property
subject to this ordinance. Where the provisions of other ordinances conflict with this section,
this section shall control.
Section 7. Administrative Official
Provisions of this ordinance shall be administered by the Landscape Administrator or designee.
Section 8. Tree Preservation Permit Submittal and Review
The Landscape Administrator shall establish administrative procedures necessary to implement
and enforce this ordinance.
An application for a tree permit shall include these required documents:
1. Completed application form
2. A tree survey at the same scale as site plan or preliminary plat with building pad,
pavement areas, and other construction features that will disturb the land indicated. The
tree survey shall include the following information:
a. Name and phone number of person who prepared the survey;
b. Property lines with dimensions;
c. Engineering scale (same scale as the preliminary plat);
d. Location of all rights-of-way and easements (existing and proposed);
e. Location of all buildings, structures, pools, parking and vehicular maneuvering area,
utilities, sidewalks, and other improvements (existing and proposed);
f. Location of FEMA 100-year floodplain, NRCS lake tree preservation zone, or erosion
hazard setback easement;
g. Any proposed nondisturbance area;
h. Caliper size of all trees six inches or greater, measured at a point 4 % feet above the
soil line; and
i. Location of all trees not included in a nondisturbance area that are to be preserved.
In specific situations, tree survey requirements may be reduced as follows:
1. Non-disturbance areas- The Landscape Administrator may approve a nondisturbance
area to be designated on the tree survey. The non-disturbance area is an area in which
no construction will occur. Trees within the nondisturbance area are not required to be
individually identified on the tree survey unless they will be used as credits.
2. Proposed exemption area- The Landscape Administrator may approve a proposed
exemption area to be designated on the tree survey. The proposed exemption area
corresponds to areas of the site specifically exempted from tree replacement and
ORD 220-2005 Tree Preservation Page 7 of 16 07-26-05
protection requirements of this ordinance. Trees within the proposed exemption area
are not required to be individually identified on the tree survey unless they will be used
as credits.
Aerial photograph- For property containing large, heavily wooded areas, the Landscape
Administrator may, in lieu of a tree survey, authorize the submittal of an aerial
photograph accompanied by a transparent plan of the development at the same scale
as the photograph, showing all non-disturbance areas and proposed exemption areas
where no trees will be critically altered, provided that a tree survey of all other areas is
submitted to the Landscape Administrator prior to any grading or construction. The
Landscape Administrator may approve the submission of photographs in phases for a
multi-phased project.
4. Affidavit of no protected trees- If a property contains no protected tree species, the
applicant may submit an affidavit of no protected trees in lieu of a tree survey. This
affidavit shall act in lieu of a tree survey upon a determination by the Landscape
Administrator that no protected trees exist on the site. After the expiration of ten
business days after the submittal, the affidavit shall satisfy the requirements of this
section, unless within said ten business days the affidavit is denied by the Landscape
Administrator due to a determination that the property contains protected trees or the
trees on the site cannot be affirmatively identified as non-protected trees by the
Landscape Administrator.
A tree preservation plan shall be submitted showing existing protected trees to remain, existing
protected trees to be removed, and replacement trees with type, location, number and size of
replacement trees indicated. The tree preservation plan information may be included on the
tree survey if all information can be clearly delineated.
Section 9. Fees
At the time a tree permit application is submitted, an applicant shall pay a fee to the City in the
amount specified by the City Council in a fee schedule. The following shall be exempt from
payment of the tree permit fees:
1. City- When critically altering any protected tree not exempt from tree permit
requirements, the City is exempt from the tree permit fee, but must obtain a tree permit
and comply with all tree placement and tree protection procedures as listed in this
section. Protected trees proposed to be critically altered must be shown on construction
plans approved by the Landscape Administrator.
2. Damaged or dangerous tree- An applicant is exempt from the tree permit fee if critically
altering a damaged or dangerous tree is allowed under permit exemption status.
Section 10. Review of Application
A. Tree permit applications- The Landscape Administrator shall grant a tree permit provided
the requirements of this ordinance are met. Limited purpose tree permits shall be approved
within three business days after complete permit information is provided by the applicant.
ORD 220-2005 Tree Preservation Page 8 of 16
B. Grievances- An applicant aggrieved by a decision of the Landscape Administrator may
appeal the decision to the Board of Adjustment for an interpretation. [
C. Waivers- An application for a waiver to the terms of the tree preservation section may be
made. The application for a waiver shall be reviewed by the Tree Board, and a
recommendation for approval or denial shall be forwarded to the City Council. The decision
of the City Council shall be final. No public hearing shall be required. The Tree Board and
City Council shall consider the following factors in determining whether a waiver should be
granted:
1. the literal enforcement cannot be accomplished;
2. the extent to which the application meets other standards of this section;
3. the positive and negative impact of the proposed project on surrounding properties; and
4. the extent to which the waiver would be mitigated by other proposed or existing
landscaping.
D. Non-substantive changes- The Landscape Administrator shall be authorized to work with
owners, developers, and builders to make non-substantive changes, within the scope of this
ordinance, to plans, permits and other requirements after approval by staff, City Council or
the Tree Board, as appropriate. These changes are intended to provide the greatest
reasonable protection toward achieving the purposes of this section.
Section 11. Standards
A. Clear Cutting- Clear cutting is prohibited unless specifically authorized by a limited purpose
tree permit or a construction tree permit.
B. Residential Development
1. Construction of a single-family or duplex residential subdivision.
a. Protected trees located in a FEMA 100-year flood plain, NRCS lake tree preservation
zone, or erosion hazard setback zone shall be subject to all tree replacement and
tree protection requirements of this ordinance
b. In cases other than listed immediately above (1 1 .B.l.a), all protected trees 18 inches
in caliper or greater shall be subject to tree replacement and tree protection
requirements except where protected trees must be critically altered to:
i. install and maintain any utility lines
ii. construct public improvements at the minimum required width only
iii. construct streets at the minimum required width only
iv. provide any required easement up to the minimum width needed to
accommodate the required service.
v. construct any hikelbikelequestrian trails
vi. construct any portions of a golf course, park playing field, equestrian center, or
school playing field but not including buildings, additional parking, club houses,
or ancillary buildings, or:
ORD 220-2005 Tree Preservation Page 9 of 16 07-26-05
vii. achieve cut and fill drainage as designed in master drainage construction plans,
including detention or retention ponds. Transitional slopes to the original grade
that are less steep than the original grade and that are less steep than the
maximum allowed slope shall not be exempt.
Construction of a single-family or duplex residence on a single (not part of a larger
subdivision).
a. Protected trees located in a FEMA one-hundred year flood plain, NRCS lake tree
preservation zone, or erosion hazard setback zone shall be subject to all tree
replacement and tree protection requirements of this section.
b. In cases other than listed immediately above (1 1 .B.2.a), all protected trees 18 inches
in caliper or greater shall be subject to tree replacement and tree protection
requirements except where protected trees must be critically altered for a:
i. building pad site
ii. driveway
iii. sidewalk at the minimum required width only
iv. patio
v. septic tank or lateral line
vi. pool and associated deck area
vii. fence, or:
viii. ancillary feature normally associated with residential construction.
c. All other areas of the lot shall be exempt from tree protection and tree replacement
requirements of this section.
Construction of a multifamily development
a. Protected trees located in a FEMA one-hundred year flood plain, NRCS lake tree
preservation zone, or erosion hazard setback zone shall be subject to all tree
replacement and tree protection requirements of this section.
b. In cases other than listed immediately above (1 1 .B.3.a), all protected trees 18 inches
in caliper or greater shall be subject to tree replacement and tree protection
requirements except where protected trees must be critically altered to:
i. Install and maintain any utility lines
ii. Dedicate public right-of-way
iii. Construct any public or private streets at the minimum required width only
iv. Provide any required easement up to the minimum width needed to
accommodate the required service
v. Construct any fire lanes at the minimum required width only
vi. Construct any sidewalks
vii. Construct swimming pools
viii. Construct any hikelbikelequestrian trails
ix. Construct any portions of a golf course, park playing field, equestrian center, or
school playing field but not including buildings, additional parking, club houses,
or ancillary buildings, or:
x. Achieve cut and fill drainage as designed in master drainage construction plan,
including required retention or detention ponds. Transitional slopes to the
ORD 220-2005 Tree Preservation Page 10 of 16
original grade that are less steep than the maximum allowed slope shall not be
exempt.
c. All other areas of the lot shall be exempt from tree protection and tree replacement
requirements of this section.
C. Non-Residential Development
1. Protected trees located in a FEMA one-hundred year flood plain, NRCS lake tree
preservation zone, or erosion hazard setback zone shall be subject to all tree
replacement and tree protection requirements of this section.
2. In cases other than listed immediately above (11.C.1.), all protected trees 18 inches in
caliper or greater shall be subject to tree replacement and tree protection requirements
except where protected trees must be critically altered for a:
i. Install and maintain any utility lines
ii. Dedicate public right-of-way
iii. Construct any public or private streets at the minimum required width only
iv. Provide any required easement up to the minimum width needed to accommodate
the required service
v. Construct any fire lanes at the minimum required width only
vi. Construct any sidewalks at the minimum required width only
vii. Construct swimming pools
viii. Construct any hikelbikelequestrian trails
ix. Construct any portions of a golf course, park playing field, equestrian center, or
school playing field but not including buildings, additional parking, club houses, or
ancillary buildings, or:
x. Achieve cut and fill drainage as designed in master drainage construction plan,
including required retention or detention ponds. Transitional slopes to the original
grade that are less steep than the maximum allowed slope shall not be exempt.
3. All other areas of the development shall be subject to both tree replacement and tree
protection requirements, and all other provisions of this section, except that tree
replacement in areas reclaimed from the flood plain and used for non-residential
development shall be limited to one three inch (3") caliper tree for each protected tree
removed.
D. Existing Single Family or Duplex Residential Development
All trees 18 inches in caliper or greater shall be subject to tree preservation requirements
regardless of location.
E. All Other Existing Development
Tree preservation and replacement requirements shall apply, except that additions or
redevelopment shall be allowed the same exemptions as for new non-residential or multi-
family development, as applicable.
F. Demolition
The Landscape Administrator may issue a limited purpose tree permit to allow critical
OR0 220-2005 Tree Preservation Page 11 of 16 07-26-05
alteration of a protected tree if such critical alteration is necessary to allow demolition of a
structure. The protected tree covered by the permit shall be exempt from the tree
replacement and tree protection requirements of this section.
G. Diseased Trees
Upon issuance of a limited purpose tree permit, a diseased protected tree may be critically
altered to reduce the chances of spreading the disease to adjacent healthy trees. If the
Landscape Administrator issues a limited purpose tree permit for this use, the protected
trees covered by the permit shall be exempt from the tree replacement and protection
requirements of this section.
H. Ground Level Cuts
Tree trunks must be cut at ground level where removal of a tree may damage root systems
of an adjacent tree. Stump grinding in such situations is allowed with the approval of the
Landscape Administrator.
I. Removal of Underbrush
Removal of underbrush, not including grubbing under drip lines, shall not require a tree
permit.
J. Grubbing Under Drip Lines
The Landscape Administrator may issue a limited purpose tree permit allowing the clearing
and grubbing of brush located within or under the drip lines of protected trees.
K. Trees Along Property Lines
Trees along property lines, even if not on the protected or quality tree list, may be
considered as protected trees when the Landscape Administrator makes a determination, in
writing, that such trees promote the purposes of this ordinance.
Section 12. Tree Replacement
1. Unless specifically exempted, the following tree replacement procedures shall apply to
any person who critically alters a protected tree for which a permit is required.
2. In the event that it is necessary to remove trees three caliper inches or greater subject to
this section, the developer or lot owner, as a condition to issuance of a tree removal
permit, may be required to replace the tree@) being removed with replacement trees
comparable to other trees within the site.
3. Tree replacement will be considered only after all design alternatives which could save
more existing trees have been evaluated. Replacement trees shall be in addition to
trees required under other landscape requirements of the City.
4. Replacement trees shall be a minimum of 3 inches in diameter when measured at breast
height (DBH). Examples include:
ORD 220-2005 Tree Preservation Page 12 of 16
i. A total of 18 inches diameter to be removed shall be replaced with six 3-inch
diameter trees.
ii. A total of 19 inches diameter to be removed shall be replaced with seven 3-inch
trees, or five 3-inch trees and one Cinch tree
5. All replacement trees shall be guaranteed for one year from the date of the final
inspection and acceptance of the project. The responsibility to replace trees shall apply
to both the person altering a protected tree, and the owner of the property. If a
replacement tree dies, the owner of the property is responsible for replacing that tree.
Section 13. Tree Requirements for Commercial Properties
1. Trees: All commercial properties shall provide trees at a ratio of ten (10) trees per acre
(43,560 sq ft) or one (1) tree per 4,356 sq ft of the gross lot area.
2. All trees planted to satisfy the tree standards must be a minimum of three (3) inches in
diameter at breast height (DBH).
3. At the discretion of the City, and at the request of the property owner, the ten trees per
acre may be satisfied by planting trees elsewhere in the City of Anna at the direction of
the Landscape Administrator.
4. See Appendix A for a suggested species list that may be used to meet the requirements
of this section. No trees with a maximum mature height of 25 feet or greater may be
planted within 25 feet (measured horizontally) from the nearest overhead utility line.
Section 14. Tree Credits
1. When any quality tree of 3 inches or more in caliper is preserved that would otherwise
have been exempt, credits toward the total inches of caliper of replacement trees
required for the development site will be given as per the following formula:
i. If the caliper of the preserved exempt tree is 3"-16", the credit applied will be equal
to the caliper of the preserved trees.
ii. If the caliper of the preserved exempt tree is greater than IF, the credit applied will
be equal to twice the caliper of the preserved tree.
2. Tree credits may not be earned for preservation of existing trees located on land
required to be dedicated for public right-of-way or easement purposes, unless the
property owner can demonstrate the ability to protect the credited trees by way of
restrictive covenant or other legal instruments considered satisfactory by the City
Council.
3. Tree credits will not be permitted unless temporary tree protection devices are installed
at least to the limit of the critical root zone or the drip line, whichever is greater, during
construction activity.
ORD 220-2005 Tree Preservation Page 1 3 of 16
Section 15. Maintenance
The property owner or histher agent shall be responsible for the maintenance, repair, and
replacement of all preserved vegetation and landscaping plants and materials as may be
required by the provisions of this ordinance.
Section 16. Enforcement
The City shall not approve a development agreement unless it provides that all construction
activities shall meet the requirements of this ordinance.
1. No building permit or development permit shall be issued unless:
i. a construction tree permit has been approved, or:
ii. an affidavit of no protected trees has been submitted and approved, or:
iii. a determination of exemption has been made by the Landscape Administrator or
designee.
2. No building permit or development permit shall be issued unless the applicant signs an
application or permit request which says that all construction activities meet the
requirements of this section.
3. No certificate of occupancy (C.O.) shall be issued until any and all penalties for
violations of this section have been paid to the City. No C.O. shall be issued until all
required replacement trees have been planted.
Section 17. Offenses and Penalties
A. A person commits an offense if the person critically alters a protected tree not meeting an
exception listed in this ordinance without first obtaining a tree permit from the City.
B. A person commits an offense if the person critically alters a tree in violation of a tree permit.
C. Any person, firm, corporation, agent, or employee thereof who violates this ordinance by
critically altering a protected tree without first obtaining a tree permit from the City, or by
critically altering a protected tree in violation of the permit, or by failing to follow the tree
replacement procedures, shall be guilty of a misdemeanor, and upon conviction shall be
fined $100 per caliper inch of the tree critically altered, not to exceed $500 per critical
alteration. The unlawful critical alteration of each protected tree shall be considered a
separate incident, and each incident shall subject the violator to the maximum penalty set
forth herein for each tree critically altered.
D. Any person, firm, corporation, agent, or employee thereof who violates any provision of this
ordinance other than those listed above shall be guilty of a misdemeanor and upon
conviction hereof shall be fined not to exceed five hundred dollars ($500.00) for each
incident. Each and every day said violation is continued shall constitute a separate offense.
D. Allegation and evidence of a culpable mental state is not required for proof of an offence
defined by this section. Ignorance of the terms of this ordinance is not an excuse for any
violation.
ORD 220-2005 Tree Preservation Page 14 of 16 07-26-05
Section 18. SavingsIRepealing Clause.
All provisions of any ordinance in conflict with this ordinance are hereby repealed to the extent
they are in conflict; but such repeal shall not abate any pending prosecution for violation of the
repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any
violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinance shall remain in full force and effect. This repealing provision does not apply to this
Ordinance or any part of it once declared or adjudged unconstitutional or invalid by a court of
competent jurisdiction; any ordinance or part of any ordinance initially deemed repealed under
this Section is deemed not repealed to the extent it conflicts with any part of this ordinance
declared or adjudged unconstitutional or invalid by a court of competent jurisdiction.
Section 19. Severability.
Should any section, subsection, sentence, clause, phrase, definition or part of a definition in
this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this ordinance shall remain in full
force and effect. The City of Anna City Council declares that it would have passed this
ordinance, and each section, subsection, clause, phrase or word in it irrespective of the fact
that any one or more sections, subsections, sentences, clauses, phrases, definitions or parts of
definitions may be declared unconstitutional or invalid.
Section 20. Effective Date.
This ordinance shall become effective immediately upon its passage and publication as
required by law. Only the caption of this ordinance need be published.
PASSED by the City Council of the City of Anna by the following vote on this the 26th day of
July, 2005.
AlTEST: APPROVED:
ORD 220-2005 Tree Preservation Page 15 of 16
Appendix A
List of Quality and Acceptable Replacement Trees for Anna. Texas
"*" indicates Texas Native plants; information on "*" trees may be found at:
http://a~~ie-horticulture.ta1n~1.edi1/orna~i1enta1~/nati~e~/i11dex~o11i111o11.l1t1ii
The list below is inclusive of all improved varieties of the listed trees . In addition, trees not listed may be approved
for use at the discretion of the Landscape Administrator or designee .
Austrian Pine ............. Pinus nigra (up to 40ft)
Afghan (eldarica) pine . Pinus eldarica (up to 40ft)
*Bitternut Hickory ...... Carya Cordifomis (over 40ft)
*Black Hickory .......... Carya Buchl (over 40ft)
*Bald Cypress ........... Taxodium distichurn (over 40ft)
*Bur Oak ................. Quercus macrocarpa (over 40ft)
*Blackjack Oak .......... Quercus marilandica (over 40ft)
*Bigelow Oak ........... Quercus durandii var breviloba (up to 40ft)
*Common Persimmon .. Diospyros virginiana (3040ft)
*Chinquapin Oak ........ Quercus muhlenbergii (50-90ft)
*Chittamwood ............ Sideroxylon lanuginose (to 25ft)
*Cedar Elm ............... Ulmus crassifolia (up to 90ft)
Chinese Pistachio ......... Pistacia chinesis (3040ft)
Chaste Tree ............... Vitex agnus-castus (l5ft)
Crepe Myrtle ............. Multiple varieties (various heights)
*Desert Willow ........... Chilopsis linearis (20ft)
*DoIan Falls White Oak .... Quercus polymorpha
*Eastern Red Cedar ....... Juniperus virginiana (to 70ft)
*Eve's Necklace ........... Sophora afinis (1 5-35ft)
*Gregg's Ash ............... Fraxinus greggii (20ft)
Goldenrain Tree ............ Koelreuateria paniculata(304Oft)
Japanese Maple ............. Acer palmatum (6 to 25ft)
*Little Gem Magnolia ..... Magnolia grandiflora (15-30ft)
*Leland Cypress ............ Cupressocyparis Leylandii(3040ft)
*Lacey Oak ................. Quercus glaucoides (35ft)
*Live Oak .................. Quercus virginiana (20-50ft)
Mary Nell Holly ............ Ilex x 'Mary Nell' (10-15ft)
*Mexican Redbud ......... Cercis Canadensis var . mexicana (1 0- 1 5ft)
Mexican Plum .............. Prunus mexicana (up to 25ft)
*Mohr Oak ................... Quercus Mohriana (20ft)
*Nogalit0 .................... Juglans microcarpa (20-30ft)
Nellie R . Stevens Holly .... Ilex x 'Nellie R . Stevens' (20-30ft)
*Post Oak ................... Quercus stallata (to 80ft)
*Possum Haw Holly ....... Ilex decidua (8-12ft)
*Pecan ....................... Carya illinoinensis (to 90ft)
*Redbud ..................... Cercis Canadensis (1 5-20ft)
*Shumard Red Oak ........ Quercus shumardii (to 120ft)
*Sawtooth Oak ............. Quercus acutissima (50-60ft)
Shangtung Maple ........... Acer truncatum(25-30ft)
*Southern Magnolia ........ Magnolia grandiflora (to 40ft)
*Texas Madrone .......... ..Arbutus xalapensis (to 40ft)
*Texas Redbud .............. Cercis Canadensis var . texensis (to 20ft)
*Texas Persimmon ......... Diospyros texana (to 20ft)
*Texas Ash .................. Fraxinus texensis (to 50ft)
*Texas Red Oak ............ Quercus Texana (to 75ft)
*Western Soapbeny ........ Sapindus drummondii (to 30ft)
*Youpon Holly .............. Ilex vomitoria (not dwarf form) (8-12ft)
ORD 220-2005 Tree Preservation Page 16 of 16
APPENDIX 1
APPROVED PLANT LIST
RECOMMENDED SPECIES FOR NEW PLANTINGS
The following is a list of recommended high quality, long-living trees and shrubs which are
considered suitable for local soil conditions and climate. Other species may be acceptable with
approval from the City Administrator or his designee.
OVERSTORY (SHADE) TREES: HEIGHT RANGE - 30' -60'
Bald Cypress Taxodium distichum
Cedar Elm Ulmus crassifolia
Lacebark (Drake) Elm Ulmus parvifolia 'Drake'
Pecan Carya illinoinensis
Chinese Pistache Pistacia chinesis
Bur Oak Quercus macrocarpa
Shumard or Texas Red Oak Quercus shumardii or texana
Sweet Gum Liquidambar styraciflua
Green Ash Fraxinus pennsylvanica
Live Oak Quercus virginiana
Western Soapberry Sapindus drummondii
Eastern Red Cedar Juniperus virginiana
Chinquapin Oak Quercus muhlenbergii
American Elm Ulmus americana
The listed Overstory Trees are acceptable Replacement Trees.
ACCENT (ORNAMENTAL) TREES: HEIGHT RANGE - 10' - 20'
The following ornamental trees, with staff approval, may be substituted for the required shade
trees. These ornamental trees shall have a minimum caliper of three (3) inches.
Japanese Black Pine Pinus thunbergi
Afghan (Eldarica) Pine Pinus eldarica
Redbud Cercis canadensis
Crape Myrtle Lagerstremia indica
Yaupon Holly llex vomitoria
Bradford Pear Pyrus calleryana
Eve's Necklace Sophora affinis
Texas Sophora Sophora segundiflora
Mexican Plum Prunus Mexicana
Purple-leaf Plum Prunus cerasifera
Crabapple Malus augustifolia
Deciduous Holly llex decidua
Chaste Tree Vitex Agnus-castus
Mexican Buckeye Ungnadia speciosa
Desert Willow Chilopsis linearis
EVERGREEN SHRUBS
Drought and freeze-resistant shrubs include, but are not limited to
Red Tip Photinia
Burford Holly
Chinese Holly
Yaupon Holly
Juniper (several varieties)
Wax Myrtles
Eleagnus
Other plants may be used with approval of the City Administrator or his designee.
GROUND COVER
Asian Jasmine
Liriope
English Ivy
Virginia Creeper
Boston Ivy
Vinca
Honeysuckle
Monkey Grass
Purple Wintercreeper
UNPROTECTED TREES
Arizona Ash Fraxinus velutina
Bois D'Arc (Native) Maclura pomifera
Chinese Tallow Sapium sebiferum
Cottonwood (Native) Populus deltoides
Honey Locust (Native) Gleditsia triacanthos
Lombardy Poplar Populus nigra italica
Mulberry Morus alba
Siberian Elm Ulmus pumila
Silver Maple Acer saccharinum
Weeping Willow Salix babylonica