HomeMy WebLinkAboutOrd 1063-2023-07 Repeal and Replace Code Chapter 9 Article 9.07 Tree PreservationCITY OF ANNA, TEXAS
ORDINANCE NO 10(o
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
REPEALING ARTICLE 9.07 (TREE PRESERVATION) OF CHAPTER 9 (PLANNING
AND DEVELOPMENT REGULATIONS) OF THE ANNA CITY CODE OF
ORDINANCES AND REPLACING SAID ARTICLE WITH A NEW ARTICLE 9.07
(TREE PRESERVATION) OF CHAPTER 9 (PLANNING AND DEVELOPMENT
REGULATIONS) OF SAID CODE; AMENDING CERTAIN APPENDICES TO SAID
ARTICLE; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE IN
ACCORDANCE WITH SAID CODE; PROVIDING FOR SAVINGS, REPEALING AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF
WHEREAS, to clarify certain aspects of the City's tree preservation regulations and to
better align with other provisions of the Anna City Code of Ordinances (the "Anna
Code"), to restructure and renumber said regulations, and to better protect the public
health, safety and welfare, the City Council of the City of Anna, Texas finds that the City
of Anna's existing tree preservation regulations should be partially repealed and
replaced and amended as set forth in this ordinance; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as If set forth in full for all purposes.
Section 2. Partially Repealing Article 9.07 (Tree Preservation) of Chapter 9
(Planning and Development Regulations) of the Anna Code
Article 9.07 (Tree Preservation) of Chapter 9 (Planning and Development Regulations)
of the Anna Code is hereby repealed in its entirety save and except Appendix 1 and
Appendix 2, which are being amended under Section 4 of this ordinance.
Section 3. Adding a New Article 9.07 (Tree Preservation) to Chapter 9 (Planning
and Development Regulations) of the Anna Code
This section amends Chapter 9 (Planning and Development Regulations) of the Anna
Code, by adding a new Article 9.07 (Tree Preservation), as set forth in the attached
Exhibit A.
CITY OF ANNA, TEXAS ORDINANCE NO. 16 (03-d2C; 3 - 4:�L Page 1 of 2
Section 4. Amending Appendix 1 and Appendix 2 of Article 9.07 of the Anna
Code
This section amends Appendix 1 of Article 9.07 (Tree Preservation) of the Anna Code
as set forth in the attached Exhibit B. This section further amends Appendix 2 of Article
9.07 (Tree Preservation) of the Anna Code as set forth in the attached Exhibit C.
Section 5. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. Cross-references in other parts, articles or sections of the
Anna Code which make reference to previous enactments carrying the same
designation as any section amended by this ordinance shall be construed as
referencing whichever currently effective provision best preserves the original intent and
effect of the cross-reference. If any provision of this ordinance shall be held to be invalid
or unconstitutional, the remainder of such ordinance shall continue in full force and
effect the same as if such invalid or unconstitutional provision had never been a part
hereof. The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional or
invalid.
Section 6. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication of its caption as may be required by law, and the City
Secretary is hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, thisay of
2023.
ATTESTED:
City Secretary, Carrib L. Land
APPROVED:
Mayor, Nate Pike
CITY OF ANNA, TEXAS ORDINANCE NO. l0(o3-;2G,23 -Q::� Page 2 of 2
EXHIBIT A
Art. 9.07
(TREE PRESERVATION)
Sec. 9.07.001 Purpose.
The terms and provisions of this article are intended to accomplish the following public purposes:
(1) To encourage preservation and protection of existing protected quality trees or specimen
trees and/or trees of historic value through incentives and penalties.
(2) To encourage ecological stabilization through urban forest management that contributes to
the processes of air purification, oxygen regeneration, groundwater recharge, and storm water
runoff retardation; and promote energy efficiency and water conservation through tree
preservation and cultivation, thereby abating noise, heat, and glare.
(3) 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.
(4) To define reasonable protective measures required to preserve the protected quality tree
and specimen tree population.
(5) To protect healthy protected quality trees and specimen trees and promote the natural
ecological, environmental, and existing aesthetic qualities of the city.
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(6) To preserve and promote the appearance and rural heritage of the city.
(7) 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.
(8) To prohibit indiscriminate clear -cutting.
Sec. 9.07.002 Administration.
Provisions of this article shall be administered by the landscape administrator or designee.
(1) Tree removal permit applications. The landscape administrator shall grant a tree removal
permit provided the requirements of this article are met.
(2) Grievances. An applicant aggrieved by a decision of the landscape administrator may appeal
the decision to the board of adjustment for an interpretation.
(3) 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:
(a) The literal enforcement cannot be accomplished;
(b) The extent to which the application meets other standards of this article;
(c) The positive and negative impact of the proposed project on surrounding properties;
and
(d) The extent to which the waiver would be mitigated by other proposed or existing
landscaping.
(4) 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
article, to plans, permits and other requirements after approval by staff, city council or the tree
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board, as appropriate. These changes are intended to provide the greatest reasonable
protection toward achieving the purposes of this article.
Sec. 9.07.003 Tree removal application.
(1) Applicability.
(a) A tree removal application must be applied for:
(i) Prior to the critical alteration of one or more protected quality trees and/or
specimen trees on any site where the removal of these trees is not related to
a construction project which requires issuance of a development permit. This
shall not include alteration of trees as exempted by this article..
(ii) Prior to any building, paving, grading, or construction of a single-family or
duplex residential subdivision or public improvement, a tree removal
application shall be submitted concurrent with a preliminary or final plat,
whichever plat is submitted initially. A development permit shall not be
issued prior to issuance of a tree removal permit. A tree removal application
and permit shall not be required prior to construction of a subdivision or
public improvements if an application for a preliminary plat or final plat has
been filed prior to the effective date of this article.
(iii) Prior to any paving, grading, or construction of any nonresidential and/or
multiple -family residence development, a tree removal application shall be
submitted concurrent with a detailed preliminary site plan or site plan (if a
preliminary site plan is not required). A development permit shall not be
issued prior to issuance of a tree removal permit. A tree removal application
and permit shall not be required prior to construction of such a building if an
application for a site plan has been filed prior to the effective date of this
article.
(iv) Prior to any paving, grading, or construction of a single-family or duplex
residence on a single lot (not part of a larger subdivision), a tree removal
application shall be submitted concurrent with the application for a
development permit. A development permit shall not be issued prior to
issuance of a tree removal permit. A tree removal application and permit
shall not be required prior to construction of a single-family or duplex
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residence if an application for a building permit has been filed prior to the
effective date of this article.
(v) Authorization to critically alter trees on a site for which a tree removal
application is required shall be limited to those trees identified and approved
for critical alteration as shown on documentation submitted for the
application.
(b) Tree removal permit period; nature of permit.
(1) Upon approval of a tree removal application, a tree removal permit shall be
valid for the period of the preliminary site plan, site plan, building permit's
validity, or a maximum of two years, whichever is less. For projects not
related to a construction project which requires issuance of a building permit
or development permit the permit shall be void after 180 days.
(ii) Upon and after expiration of a tree removal permit, such expired permit may
not be deemed to be a "permit" in connection with Texas Local Government
Code section 245.001 et seq. or any other statute or law conferring vested
rights for development. Any permit issued under this article does not create
a property right in the permittee.
(c) Exceptions. A tree removal application shall be submitted to and approved by the
landscape administrator before critically altering any protected quality tree or
specimen trees, except under any of the following circumstances:
(i) The tree endangers the public health, welfare or safety and immediate
alteration is required;
(ii) 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;
(iii)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;
(iv) The tree is part of an orchard;
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(v) The tree is dead, unless the tree was required under a landscape plan or was
a required replacement tree.
(vi) Construction of utilities or public infrastructure on municipal and/or public
domain property, or whenever conducted by city personnel; and
(vii) The area of the request is located within the Downtown Core as
established in the Anna 2050 Downtown Master Plan.
(2) Submittal and Review.
The landscape administrator shall establish administrative procedures, forms, and standards
with regard to the content, format, graphics and number of copies of information constituting
an application for a tree removal permit for clarity and consistency of operations. The published
procedures, forms, and standards will have the force of ordinance as if fully incorporated
herein.
A tree removal application for a tree removal permit shall include these required documents:
(a) Completed application form;
(b) A Tree Preservation Plan checklist;
(c) A tree preservation plan at the same scale as the preliminary site plan, site plan,
preliminary plat, or final plat. The tree preservation plan shall include the following
information in addition to information identified on the Tree Preservation checklist:
(i) Name and phone number of the person who prepared the survey;
(ii) Property lines with dimensions;
(iii) Engineering scale (same scale as the preliminary site plan, site plan or
preliminary plat);
(iv)Aerial photograph with a transparent plan of the development at the same
scale as the photography;
(v) Location of all rights -of -way and easements (existing and proposed);
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(vi)Along each of the property boundaries identify and dimension a ten (10) foot
zone within the property;
(vi1) Drainage and detention easement limits
(viii) For nonresidential, Planned Developments, and multiple -family residence
developments the location of all buildings, structures, pools, parking and
vehicular maneuvering area, utilities, sidewalks, and other improvements
(existing and proposed);
(ix) For Single-family and duplex residential developments identify individual lot
lines, building pads, driveways, hike/bike/equestrian trails, public
improvements, utility lines and associated easements;
(x) Location of FEMA 100-year floociplain, NRCS lake tree preservation zone, or
erosion hazard setback zone and all protected quality trees (6" and greater)
and specimen trees (24" and greater) within these areas;
(xi) Identification/location of any protected quality tree 6 inches or greater DBH;
(xii) Identification/location of any specimen trees 24 inches or greater DBH;
(xiii) Identification/location of any tree 18 inches or greater DBH within ten (10
foot) zone of any property boundary;
(xiv) Any non -disturbance area or proposed exemption area;
1. Non -disturbance areas. The landscape administrator may approve a
non -disturbance area to be designated on the tree preservation plan.
The non -disturbance area is an area in which no construction will
occur. Protected quality trees and/or specimen trees within the non -
disturbance area are not required to be individually identified 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 preservation
plan. The proposed exemption area corresponds to areas of the site
specifically exempted from tree replacement and protection
requirements of this article. Protected quality trees and/or specimen
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trees within the proposed exemption area are not required to be
individually identified on the tree preservation plan unless they will
be used as credits.
(xv) A table containing all the identified trees along with the following
information:
1. Tag number;
2. The common and botanical name;
3. Caliper size;
4. Condition;
5. If the tree is to remain or be removed;
6. For trees removed that require mitigation, list the caliper inches to be
mitigated of each tree and a total in caliper inches to be mitigated;
and
7. For trees being preserved as credits, list the caliper inches to be
credited for each tree and a total in caliper inches to be credited.
(d) Alternative tree preservation plan requirements:
(i) Tree Sampling. For property containing large, heavily wooded areas, the
landscape administrator may, in lieu of a tree preservation plan, authorize the
submittal of an alternative tree preservation plan identifying the tree canopy,
tree sampling sites, non -disturbance areas and proposed exemption areas
where no trees will be critically altered. All other areas shall show the tree
canopy and tree sample sites prior to any grading or construction. For every
whole acre of tree canopy, there shall be at least two sample sites
approximately 75 feet in diameter.
(ii) Affidavit of no protected -quality trees and/or specimen trees. If a property
contains no protected quality tree species and/or specimen trees, the
applicant may submit an affidavit of no protected quality trees/specimen
trees in lieu of a tree preservation plan. This affidavit shall act In lieu of a tree
preservation plan upon a determination by the landscape administrator that
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no protected quality trees and/or specimen trees exist on the site. After the
expiration of 10 business days after the submittal, the affidavit shall satisfy
the requirements of this article, unless within said ten business days the
affidavit is denied by the landscape administrator due to a determination that
the property contains protected quality trees and/or specimen trees or the
trees on the site cannot be affirmatively identified by the landscape
administrator.
(3) Tree Removal Application Fee.
At the time a tree removal 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 removal permit fees:
(a) City of Anna. When critically altering any protected quality tree and/or specimen tree
not exempt from tree removal permit requirements, the city is exempt from the permit
application fee, but must obtain a tree removal permit and comply with all tree
placement and tree protection procedures as listed in this article. Protected quality
trees and/or specimen trees proposed to be critically altered must be shown on a tree
preservation plan approved by the landscape administrator.
(b) Diseased, dead, or dangerous tree. An applicant is exempt from the tree removal permit
fee if critically altering a diseased or dead tree, or a tree which poses an imminent or
immediate threat to persons or property, in a manner which is allowed under permit
exemption status.
Sec. 9.07.004 Standards for Tree Removal.
(1) Clear -cutting. Clear -cutting is prohibited unless specifically authorized by a tree removal
permit.
(2) Residential development.
(a) Construction of a single-family or duplex residential subdivision.
(i) Protected quality trees and/or specimen trees located in a FEMA 100-year
floodplain, NRCS lake tree preservation zone, or erosion hazard setback zone
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shall be subject to all tree replacement and tree protection requirements of
this article, to the extent permitted under state law.
(ii) In cases other than listed immediately above (subsection (a)(i)), all protected
quality trees 18 inches in caliper or greater, specimen trees, and/or any tree
18 inches in caliper or greater within 10 feet of the property boundaries shall
be subject to tree replacement and tree protection requirements except
where trees must be critically altered to:
(A) Install and maintain any utility lines;
(B) Dedicate public right-of-way.
(C) Construct any public or private street and associated sidewalk at the
minimum required width only;
(D) Provide any required easement up to the minimum width needed to
accommodate the required service;
(E) Construct any hike/bike/equestrian trails;
(F) 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
(G) Construct of required drainage structures, including detention and
retention basins, and including transitional slopes at the maximum
slope allowed by standard city engineering practices and policies.
(III) Tree replacement in areas reclaimed from the floodplain and used for
residential development shall be limited to one three-inch caliper tree for
each protected quality tree removed.
(b) Construction of a single-family or duplex residence on a single lot (not part of a larger
subdivision).
(i) Protected quality trees and/or specimen trees located in a FEMA one -
hundred -year floodplain, NRCS lake tree preservation zone, or erosion hazard
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setback zone shall be subject to all tree replacement and tree protection
requirements of this article.
(ii) In cases other than listed immediately above (subsection (b)(i)), all protected
quality trees 18 inches in caliper or greater and all specimen trees shall be
subject to tree replacement and tree protection requirements except where
trees must be critically altered for a:
(A) Building pad site;
(B) Driveway;
(C) Sidewalk at the minimum required width only;
(D) Patio;
(E) Septic tank or lateral line;
(F) Pool and associated deck area;
(G) Fence; or
(H) Ancillary feature normally associated with residential construction.
(c) Construction of a multifamily development.
(i) Protected quality trees and specimen trees located in a FEMA one -hundred -
year floodplain, NRCS lake tree preservation zone, or erosion hazard setback
zone shall be subject to all tree replacement and tree protection
requirements of this article.
(ii) In cases other than listed immediately above (subsection (c)(i)), all protected
quality trees 18 inches in caliper or greater, specimen trees, and/or any tree
18 inches in caliper or greater within 10 feet of the property boundaries shall
be subject to tree replacement and tree protection requirements except
where trees must be critically altered to:
(A) Install and maintain any utility lines;
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(B) Dedicate public right-of-way;
(C) Construct any public or private streets and associated sidewalk at the
minimum required width only;
(D) Provide any required easement up to the minimum width needed to
accommodate the required service;
(E) Construct any fire lanes at the minimum required width only;
(F) Construct swimming pools;
(G) Construct any hike/bike/equestrian trails;
(H) 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
(1) Construct required drainage structures, including detention and
retention basins, and including transitional slopes at the maximum
slope allowed by standard city engineering practices and policies.
(iii) Tree replacement in areas reclaimed from the floodplain and used for
multifamily development shall be limited to one three-inch caliper tree for
each protected quality tree removed.
(3) All other existing development. Tree replacement and protection requirements shall apply,
except that additions or redevelopment shall be allowed the same exemptions as for new
nonresidential or multifamily development, as applicable.
(4) Demolition. The landscape administrator may issue a tree removal permit to allow critical
alteration of a protected quality tree and/or specimen tree if such critical alteration is necessary
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to allow demolition of a structure. The tree covered by the permit shall be exempt from the
tree replacement and tree protection requirements of this article.
(5) Diseased trees. Upon issuance of a tree removal permit, a diseased protected quality tree
and/or diseased specimen tree may be critically altered to reduce the chances of spreading the
disease to adjacent healthy trees. If the landscape administrator issues a tree removal permit
for this use, the protected trees covered by the permit shall be exempt from the tree
replacement and protection requirements ofthisarticle.
(6) 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.
(7) Removal of underbrush. Removal of underbrush, not including grubbing under drip lines,
shall not require a tree removal permit.
(8) Grubbing under drip lines. Clearing and grubbing of brush located within or under the drip
lines of protected trees shall not require a tree removal permit.
(9) Trees along property lines. To promote the purpose of this article any tree eighteen (18)
inches in caliper or greater at DBH within ten (10) feet of the property lines, even if not on the
List of Quality Trees (Tree Appendix 1) shall be considered a protected quality tree, be
identified on the tree preservation plan, and be subject to tree replacement and protection
requirements.
(10) Tree replacement. Unless specifically exempted, the following tree replacement
procedures shall apply to any person who critically alters a protected quality tree and/or
specimen tree for which a permit is required. Replacement trees shall be chosen from the
approved plant list (Tree Appendix 2).
(a) Tree replacement will be considered only after all design alternatives which could
save more existing protected quality trees and/or specimen trees have been
evaluated. Replacement trees shall be in addition to trees required under other
landscape requirements of the city.
(b) Replacement trees shall be a minimum of 3 inches in diameter when measured at
breast height (DBH). Examples include:
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(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 4-inch tree.
(c) 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 quality tree and/or specimen tree, and
the owner of the property. If a replacement tree dies, the owner of the property is
responsible for replacing that tree.
(d) Replacement trees may be planted off -site on a property mutually agreed upon by
the city and the applicant.
Sec. 9.07.005 Mitigation.
(1) Tree Credits for Mitigation
(a) Tree credits are available for preserving and planting oftrees from the city's
approved plant list (Tree Appendix 2).
(b) When any protected quality tree and/or specimen tree is preserved that would have
otherwise been exempt per exceptions listed under each construction type of Sec.
9.07.004, credits toward the total inches of caliper of replacement trees required for
the development site will be given as per the following formula:
(i) Protected qualitytrees.
(1) If the caliper of the preserved exempt tree is 6" -18", the credit
applied will be equal to the caliper of the preserved trees.
(2) If the caliper of the preserved exempt tree is greater than 18", to
include trees along the property boundaries, the credit applied will be
equal to twice the caliper of the preserved tree.
(ii) Specimen trees. If the caliper of the preserved exempt tree is 24" or greater,
the credit applied will be equal to twice the caliper of the preserved tree.
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(c) 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.
(d) 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. The city may, prior to the issuance of a tree
removal permit impose additional requirements for tree -planting methods and best
management practices to ensure that the preserved tree(s) grow to the anticipated
height at maturity.
(e) Required development trees shall not count towards Tree credits.
(2) Mitigations Fees
(a) In the event that is it necessary to remove a protected quality tree and/or specimen
tree, and the applicant chosen not to meet the tree replacement requirements
under Sec. 9.07.004(12), the applicant shall be required to pay into the city's Tree
Fund according to the Development Fees schedule (Article A3.000)
(b) Fees paid must be based on the tree valuation schedule listed below and contained
within the Development Fee schedule. This fee shall be paid in addition to any tree
removal permit fee and shall be held in a sperate account (the Tree Fund) to be used
exclusively for future installation of trees within public land owned by the City.
Tree Valuation Schedule for Mitigation
Floodplain Trees
Protected Quality Trees &
Specimen Trees
Value
100%
50%
Replacement Ratio
5:1
3:1
Tree Type/Size
Cost
Protected Quality Trees
$600 x multiplier
(Floodplain only): 6"-10"
(DBH)
Protected Quality Trees
$1,200 x multiplier
(Floodplain only):11"-17"
(DBH)
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Protected Quality Trees:
$3,000 x multiplier
18" — 30" (DBH)
Specimen Tree:
24"-30" (DBH)
$3,000 x Multiplier
All trees:
30"+ (DBH)
$4,000 x multiplier
Illegal Tree Removal
$1,000 x multiplier
*Multiplier -- Cost x Value/ Replacement Itatio
Sec. 9.07.006 Maintenance.
The property owner or his/her 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 article.
Sec. 9.07.007 Conflicts with other ordinances.
(1) All applicable provisions of the zoning ordinance, subdivision ordinance, building codes and
other ordinances and regulations, as they exist or as amended, shall apply. The provisions of
this article are not intended to modify or amend the preliminary site plan and/or site plan
requirements of the 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 zoning ordinance.
(2) Notwithstanding the foregoing, nothing herein shall confer any vested rights on the
property subject to this article. Where the provisions of other ordinances conflict with this
article, this article shall control.
Sec. 9.07.008 Enforcement.
The city shall not approve a development agreement unless it provides that all construction
activities shall meet the requirements of this article.
(1) No development permit shall be issued unless:
(a) A tree removal permit has been approved; or
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(b) An affidavit of no protected quality trees and/or specimen trees has been submitted
and approved; or
(c) A determination of exemption has been made bythe landscape administrator or
designee.
(2) No 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 article.
(3) No certificate of occupancy (C.O.) shall be issued until any and all penalties for violations of
this article have been paid to the city. No C.O. shall be issued until all required replacement
trees have been planted.
(4) Penalties.
(a) A person commits an offense if the person critically alters a protected quality tree
and/or specimen tree not meeting an exception listed in this article without first
obtaining a tree removal permit from the city.
(b) A person commits an offense if the person critically alters a tree in violation of a tree
removal permit.
(c) Any person, firm, corporation, agent, or employee thereof who violates this article
by critically altering a protected quality tree and/or specimen tree without first
obtaining a tree removal permit from the city, or by critically altering a protected
quality tree and/or specimen 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 required to pay a tree mitigation fee based on the tree valuation
schedule as listed in this article. The unlawful critical alteration of each protected
quality tree and/or specimen 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 article other than those listed above shall be guilty of a
misdemeanor and upon conviction hereof shall be fined in accordance with the
general penalty provided in section 1.01.009 of this code for each incident. Each and
every day said violation is continued shall constitute a separate offense.
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(e) Allegation and evidence of a culpable mental state is not required for proof of an
offense defined by this article. Ignorance of the terms of this article is not an excuse
for any violation.
Sec. 9.07.009 Definitions.
The following definitions shall apply unless the context clearly indicates or requires a different
meaning:
Buildable area means 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 lot owner means 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.
Building pad means the actual base area of a building and an area not to exceed six feet around
the foundation necessary for construction and grade transitions.
Caliper means the diameter measurement of a tree trunk or limb. Unless otherwise specified,
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.
Clear -cutting means the removal of 10 or more protected trees and/or specimen trees from a
property within a 90-day period.
Critical root zone means the area within the drip line of the tree. As a practical matter, this is
the acute portion of the tree's root system.
Critically alter means 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: removal
of a tree from a property; 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 nonpermeable
pavement over the root system of the tree; or trenching within the primary root zone.
Page 18 122
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.
Cut and ill means areas where the natural ground level has been excavated (cut) or where fill
material has been brought in.
Determination ofexemption means a determination made by the landscape administrator or
his or her designee that no tree permit or tree preservation plan is required for the site.
Developer means 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.
Development permit means a grading permit or any building permits issued for site
development which could result in the removal of trees.
Diameter at breast height (DBH). The diameter at breast height is the tree trunk diameter
measured in inches at a height of four feet and six inches above the soil line. If a tree splits into
multiple trunks below 4.5 feet, the trunk is measured at its narrowest point beneath the split.
Drip line means 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 zone means the erosion setback areas along a drainage channel deemed
by the City Engineer to be subject to flood -related erosion losses. This includes the dam offset
areas established by Collin County and the Texas Commission on Environmental Quality (TCEQ).
Exemption area means an area that is clearly exempt from all tree replacement and tree
protection requirements of this article, as approved by the landscape administrator.
FEMA 100-yearfloodplain means the area designated as being within the one -hundred -year
floodplain on the Federal Emergency Management Agency flood insurance rate map (FIRM) as
of the effective date of this article. The boundary may be verified and established through field
surveys based on elevation. Any changes made by FEMA to the 100-year floodplain boundary
Page 19 122
after the effective date of this article due to filling of the floodplain, channelization, or other
drainage improvements shall not reduce the area in which tree preservation, replacement, or
protection requirements apply, unless —and onlytothe extent —that a reduction is necessaryfor
compliance with FEMA regulations or other state or federal law.
Grubbing means excavating or removing a significant part of the root system.
Landscape administrator means the individual or company appointed by the city manager to
administer city ordinances related to tree preservation.
Municipal and public domain property means 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.
Non -disturbance area means an area in which no development activity or vehicular traffic
associated with the construction or development of land occurs.
NRCS means the National Resource Conservation Service.
NRCS lake tree preservation zone means the area within an elevation two feet above the
emergency spillway elevation of any NRCS lake.
Orchard means a grouping of ten or more fruit or nut bearing trees of the same variety, whose
fruit or nuts are fit for human consumption, which are planted and growing on a single property
for sale or intended sale to the general public in their raw form or as components of human
food items manufactured on the same premises.
Owner means any person with an interest in land, or a lessee, agent, employee, or other person
acting on behalf of the owner.
Protected quality tree means:
(1) A quality tree, which typically has significant positive characteristics worthy of preservation,
as listed in this article (see Tree Appendix 1 at the end of this article), with a trunk six inches or
greater in caliper at four feet six inches above the ground. The caliper of a multi -trunk tree shall
be determined by adding the total caliper of the largest trunk to one-half the caliper of each
additional trunk.
Page20 122
(2) Trees with a truck eighteen inches or greater in caliper at four feet six inches above the
ground located within 10 feet of a property boundary (regardless of species). The caliper of a
multi -trunk tree shall be determined by adding the total caliper of the largest trunk to one-half
the caliper of each additional trunk.
Protective fencing means chain -link fencing, orange vinyl construction fence or other fencing at
least four feet high and supported at a maximum of 10-foot intervals by approved methods
sufficient to keep the fence upright and in place. The fencing shall be of highly visible material.
Pruning means 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.
Residential structure means a manufactured home as that term is defined by section 1201.003
of the Texas Occupations Code (as amended), a detached one -family or two-family dwelling
(including the accessory structures of the dwelling), or a multiple single-family dwelling that is
not more than three stories in height with a separate means of entry for each dwelling
(including the accessory structures of the dwelling), or any other multifamily structure.
Rootzone, primary means the area of undisturbed natural soil around a quality tree and/or
specimen tree defined by a concentric circle with a radius equal to the distance from the trunk
to the outermost portion of the dripline.
Specimen tree means 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 twenty-
four inches or greater in caliper at four feet six inches above the ground. but other criteria may
also be utilized. The caliper of a multi -trunk tree shall be determined by adding the total caliper
of the largest trunk to one-half the caliper of each additional trunk.
Tree means any self-supporting woody plant which will attain a trunk caliper of two inches or
more when measured at a point 4.5 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 means a board appointed by the city council to carry out the duties and
responsibilities set forth in this article. The city's planning and zoning commission shall
constitute the tree board unless the city council appoints a separate tree board.
Tree removal application means an official city application that is required to be submitted for
the removal of trees unless exempted by thisArticle.
Page21]22
Tree preservation plan means a plan drawing that identifies the location of protected quality
trees and/or specimen trees and contains the information required to be set forth within this
article. The tree preservation plan 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
preservation plan prepared by a non-professional if complete and accurate information is
provided.
Utility company, franchise utility, or public utility means 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.
Page 22 122
TREE APPENDIX 1. LIST OF QUALITY TREES
indicates Texas native plants; information on I' " trees may be found at:
http: //aggie-horticulture.tamu. edu/ornamentals/natives/indexcommon.htm
The list below is inclusive of all improved varieties of the listed trees. In addition, trees not
listed may be approved as quality trees at the discretion of the landscape administrator or
designee.
Austrian Pine
Pinus nigra (up to 40 ft.)
Afghan (Eldarica) Pine
Pinus eldarica (up to 40 ft.)
American Elm
Ulmus americana
*Bitternut Hickory
Carya cordiformis (over 40 ft.)
*Black Hickory
Carya buehl (over 40 ft.)
*Bald Cypress
Taxodium distichum (over 40 ft.)
*Bur Oak
Quercus macrocarpa (over 40 ft.)
*Blackjack Oak
Quercus marilandica (over 40 ft.)
*Bigelow Oak
Quercus durand i var breviloba (up to 40 ft.)
*Common Persimmon
Diospyros virginiana (30-40 ft.)
*Chinquapin Oak
Quercus muhlenbergii (50-90 ft.)
*Chittamwood
Sideroxylon lanuginose (to 25 ft.)
*Cedar Elm
Ulmus crassifolia (up to 90 ft.)
Chinese Pistachio
Pistacia chinensis (3040 ft.)
Chaste Tree
Vitex agnus-castus (15 ft.)
Crepe Myrtle
Multiple varieties (various heights)
*Desert Willow
Chilopsis linearis (20 ft.)
*Dolan Falls White Oak
Quercus polymorpha
*Eve's Necklace
Sophora affinis (15-35 ft.)
Green Ash
Fraxinus pennsylvanica
*Gregg's Ash
Fraxinus greggii (20 ft.)
Goldenrain Tree
Koelreuteria paniculata (3040 ft.)
Japanese Maple
Acer palmatum (6-25 ft.)
Lacebark (Drake) Elm
Ulmus parvifolia `Drake'
*Little Gem Magnolia
Magnolia grandiflora (15-30 ft.)
*Leland Cypress
Cupressocyparis leylandii (3040 ft.)
*Lacey Oak
Quercus glaucoides (35 ft.)
*Live Oak
Quercus virginiana (20-50 ft.)
Mary Nell Holly
Ilex x 'Mary Nell' (10-15 ft.
*Mexican Redbud
'Cercis canadensis var. mexicana (10-15 ft.)
Mexican Plum
Prunus mexicana (up to 25 ft.)
*Mohr Oak
Quercus mohriana (20 ft.)
*Nogalito
Juglans microcarpa (20-30 ft.)
Nellie R. Stevens Holly
Ilex x `Nellie R. Stevens' (20-30 ft)
*Post Oak
Quercus stellata (to 80 ft.)
*Possum Haw Holly
Ilex decidua (8-12 ft.)
*Pecan
Carya illinoinensis (to 90 ft.)
*Redbud
Cercis canadensis (15-20 ft.)
*Shumard Red Oak
Quercus shumardii (to 120 ft.)
*Sawtooth Oak
Quercus acutissima (50-60 ft.)
Shangtung Maple
Acer truncatum (25-30 ft.)
*Southern Magnolia
Magnolia grandiflora (to 40 ft.)
Sweet Gum
Liquidambar styraciflua (30-40 ft.)
*Texas Madrone
Arbutus xalapensis (to 40 ft.)
*Texas Redbud
Cercis canadensis var. texensis (to 20 ft.)
*Texas Persimmon
Diospyros texana (to 20 ft.)
*Texas Ash
Fraxinus texensis (to 50 ft.)
`Texas Red Oak
Quercus texana (to 75 ft.)
*Western Soapberry
Sapindus drummondii (to 30 ft.)
*Yaupon Holly
Ilex vomitoria (not dwarf form) (8-12 ft.)
(Ordinance 220-2005 adopted 7/28/05; 2008 Code, pt. III-F, app. A; Ordinance 796-2018, app.
A, adopted 12/11/18)
Exhibit C
TREE APPENDIX 2. 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 manager 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 chinensis
Bur Oak
Quercus macrocarpa
Shumard or Texas Red Oak
Quercus shumardii or texana
Sweet Gum
Li tiidambar styraciflua
Green Ash
Fraxinus pennsylvanica
Live Oak
Quercus virginiana
Western Soapberry
Sa indus drummondii
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 inches.
Japanese Black Pine
Pinus thunbergi
Afghan (Eldarica) Pine
Pinus eldarica
Redbud
Cercis canadensis
Crape Myrtle
Lagerstroemia indica
Yaupon Holly
Ilex 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 angustifolia
9 Attachment 5:1 PubUcation, July 2023
ANNA CODE
Deciduous Holly
Ilex 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 manager or his designee.
Asian Jasmine
Liriope
English Ivy
Virginia Creeper
Boston Ivy
Vinca
Honeysuckle
Monkey Grass
Purple Wintercreeper
GROUND COVER
UNPROTECTED TREES
Arizona Ash
Fraxinus velutina
Bois D'Arc (native)
Maclura pomifera
Chinese Tallow
Sapium sebiferum
Cottonwood (native)
Populus deltoides
Hackberry
Celtis occidentalis
Honey Locust (native)
Gleditsia triacanthos
Lombardy Poplar
Populus nigra italica
Mesquite
Prosopis spp
Mulberry
Morus alba
Siberian Elm
Ulmus pumila
Silver Maple
Acer saccharinum
Weeping Willow
Salix babylonica
(Ordinance 220-2005 adopted 7/28/05; 2008 Code, pt. III-F, app. B; Ordinance 796-2018, app.
B, adopted 12/11/18)
9 Attachment 5:2 Pubttcanon, July 2023
Select Language 1
City ofAnna, TX
Tuesday, June 27, 2023
Chapter 9. Planning and Development Regulations
ARTICLE 9.07. TREE PRESERVATION
§ 9.07.001. Purpose.
The terms and provisions of this article are intended to accomplish the following public purposes:
(1) To encourage preservation of existing private shade, ornamental, or specimen trees and/or trees of
historic value through incentives and penalties.
(2) To encourage ecological stabilization through urban forest management that contributes to the
processes of air purification, oxygen regeneration, groundwater recharge, and storm water runoff
retardation; and promote energy efficiency and water conservation through tree preservation and
cultivation, thereby abating noise, heat, and glare.
(3) 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.
(4) To define reasonable protective measures required to preserve the protected tree population.
(5) To protect healthy quality trees and promote the natural ecological, environmental, and existing
aesthetic qualities of the city.
(6) To preserve and promote the appearance and rural heritage of the city.
(7) 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.
(8) To prohibit indiscriminate clear -cutting.
(Ordinance 220-2005 adopted 7/28/05; 2008 Code, pt. III-F, sec. 1; Ordinance 796-2018, sec. 1,
adopted 12/11/18)
§ 9.07.002. Definitions.
The following definitions shall apply unless the context clearly indicates or requires a different meaning:
,Buildable area means 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 lot owner means 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.
Buildingnad means the actual base area of a building and an area not to exceed six feet around the
foundation necessary for construction and grade transitions.
Caliper means the diameter measurement of a tree trunk or limb. Unless otherwise specified, 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.
Clear -cutting means the removal of 10 or more protected trees from a property within a 90-day period.
Critical root zone means 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 in appendix 1
at the end of this article.
Crl 'cal y alter means 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: removal of a tree from
a property; 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 nonpermeable pavement over the root system of the tree; or 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.
Qit and frl means areas where the natural ground level has been excavated (cut) or where fill material
has been brought in.
Determination of exemption means a determination made by the landscape administrator or his or her
designee that no tree permit or tree preservation is required for the site.
Develop means 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 heig ,( B The diameter at breast height Is the tree trunk diameter measured in
inches at a height of four feet and six inches above the soil line. If a tree splits Into multiple trunks below
4.5 feet, the trunk is measured at its most narrow point beneath the split.
DEfp line means 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.
Froslon hazard setback means the area along a drainage channel designated as an erosion setback
under the city's stormwater regulations.
xe ption area means an area that is clearly exempt from all tree replacement and tree protection
requirements of this article, as approved -by the landscape administrator.
Extratgabrlal jurisdiction or LTJ means the unincorporated area that is contiguous to the city's
corporate boundaries to the extent described or permitted by the applicable provision(s) of Texas Local
Government Code section 42.021 et seq.
FEMA 100 year floodplain means the area designated as being within the one -hundred -year floodplain
on the Federal Emergency Management Agency flood insurance rate map (FIRM) as of the effective
date of this article. The boundary may be verged and established through field surveys based on
elevation. Any changes made by FEMA to the 100-year floodplain boundary after the effective date of
this article due to filling of the floodplain, 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.
, ubb, ng means excavating or removing a significant part of the root system.
�andscape administrator means the individual or company appointed by the city manager to administer
city ordinances related to tree preservation.
Municipal and public domain pro er y_ means 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.
Mon -disturbance area means an area in which no development activity or vehicular traffic associated
with the construction or development of land occurs.
MRCS means the National Resource Conservation Service.
NECS lake tree preservation zone means the area within an elevation two feet above the emergency
spillway elevation of any NRCS lake.
-Orchard means a grouping of ten or more fruit or nut bearing trees of the same variety, whose fruit or
nuts are fit for human consumption, which are planted and growing on a single property for sale or
Intended sale to the general public in their raw form or as components of human food items
manufactured on the same premises.
Owner means any person with an interest in land, or a lessee, agent, employee, or other person acting
on behalf of the owner.
Protected tree means a quality tree with a trunk six inches or greater in caliper at four feet six inches
above the ground. The caliper of a multi -trunk tree shall be determined by adding the total caliper of the
largest trunk to one-half the caliper of each additional trunk.
Protective fencing means chain -link fencing, orange vinyl construction fence or other fencing at least
four feet high and supported at a maximum of 10 foot intervals by approved methods sufficient to keep
the fence upright and in place. The fencing shall be of highly visible material.
ru i g means 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.
Quality tree means a tree species which typically has significant positive characteristics worthy of
preservation, as listed in this article (see appendix 1 at the end of this article).
Residential structure means a manufactured home as that term is defined by section 1201.003 of the
Texas Occupations Code (as amended), a detached one family or two-family dwelling (including the
accessory structures of the dwelling), or a multiple single-family dwelling that is not more than three
stories in height with a separate means of entry for each dwelling (including the accessory structures of
the dwelling), or any other multifamily structure.
Root zone,_prlmary_ 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 1 at the end of this article).
Specimen tree means 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 4.5 feet above ground level but other criteria may also be utilized.
Tree means any self-supporting woody plant which will attain a trunk caliper of two inches or more
when measured at a point 4.5 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 means a board appointed by the city council to carry out the duties and responsibilities set
forth in this article. The city's planning and zoning commission shall constitute the tree board unless the
city council appoints a separate tree board.
Tree survey_ means a plan drawing that identifies the location of protected trees and contains the
information required to be set forth within this article. 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.
Utili y co zany, &gLIchise utility or public atilt _ means 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.
(Ordinance 220-2005 adopted 7/28/05; 2008 Code, pt. ill-F, sec. 2; Ordinance 796-2018, sec. 2,
adopted 12/11/18)
§ 9.07.003. Permit required; exceptions.
A tree permit shall be obtained from the landscape administrator before critically altering any protected
tree, except under any of the following circumstances:
(1) The protected tree endangers the public health, welfare or safety and immediate alteration Is
required;
(2) 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;
(3) 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;
(4) 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 floodplain, [or]
erosion hazard setback zone; protected trees of 27-inch caliper or greater in size shall not be
exempt;
(5) The tree is part of an orchard;
(6) The tree is dead, unless the tree was required under a landscape plan or was a required
replacement tree.
(Ordinance 220-2005 adopted 7/28/05; 2008 Code, pt. III-F, sec. 3; Ordinance 796-2018, sec. 3,
adopted 12/11/18)
§ 9.07.004. Permit types.
(a) Limited impose 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 must be applied for:
(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 form/combination 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 article.
(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 prior to construction of such a building if
an application for a site plan has been filed prior to the effective date of this article.
(3) Prior to any paving, grading, or construction of a single-family or duplex residence on any lot
containing a FEMA 100-year floodplain, 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 article.
(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 period- nature of per 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 'permit' in connection with Texas Local Government Code section 245.001 et seq.
or any other statute or law conferring vested rights for development. Any permit issued under this
article does not create a property right in the permittee.
(Ordinance 220-2005 adopted 7/28/05; 2008 Code, pt. III-F, sec. 4; Ordinance 796 2018, sec. 4,
adopted 12111118)
§ 9.07.005. Applicability.
The provisions of this article 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) Interior areas of golf courses, but not landscape buffers on the perimeter of properties containing
golf courses;
(3) Hike/bike/equestrian trails;
(4) Sports fields open for public use, such as soccer, baseball, and football fields;
(6) 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 on municipal and/or public domain property, or
whenever conducted by city personnel; and
(8) Area within an area zoned for downtown redevelopment.
(Ordinance 220-2005 adopted 7/28/05; 2008 Code, pt. III-F, sec. 5; Ordinance 796-2018, sec. 5,
adopted 12111/18)
§ 9.07.006. Conflicts with other ordinances.
(a) All applicable provisions of the comprehensive zoning ordinance, subdivision ordinance,
stormwater regulations, building codes and other ordinances, as they exist or as amended, shall
apply. The provisions of this article 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.
(b) Notwithstanding the foregoing, nothing herein shall confer any vested rights on the property subject
to this article. where the provisions of other ordinances conflict with this article, this article shall
control.
(Ordinance 220-2005 adopted 7128/05; 2008 Code, pt. III-F, sec. 6; Ordinance 796 2018, sec. 6,
adopted 12/11/18)
§ 9.07.007. Administrative official.
Provisions of this article shall be administered by the landscape administrator or designee.
(Ordinance 220-2005 adopted 7/28/06; 2008 Code, pt. III-F, sec. 7; Ordinance 796 2018, sec. 7,
adopted 12/11118)
§ 9.07.008. Tree preservation permit submittal and review.
(a) The landscape administrator shall establish administrative procedures necessary to implement and
enforce this article.
(b) An application for a tare permit shall include these required documents:
(1) Completed application form;
(2) A tree survey at the same scale as the 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 the 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 non -disturbance area;
(H) Identifying numbers for all trees of two inches or greater DBH;
(1) The common and botanical name of all trees with identifying numbers;
(J) Caliper size of all trees six inches or greater DBH; and
(K) Location of all trees not included in a non -disturbance area that are to be preserved.
(c) in specific situations, tree survey requirements may be reduced as follows:
(1) Non -disturbance areas. The landscape administrator may approve a non -disturbance area to
be designated on the tree survey. The non -disturbance area is an area in which no
construction will occur. Trees within the non -disturbance 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 protection requirements of this
article. Trees within the proposed exemption area are not required to be individually identified
on the tree survey unless they will be used as credits.
(3) Aerial _photog�pJ1. 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 10 business days after the submittal, the affidavit
shall satisfy the requirements of this article, 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.
(d) 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.
(Ordinance 220-2005 adopted 7/28/05; 2008 Code, pt. 111-F, sec. 8; Ordinance 796-2018, sec. 8,
adopted 12/11/18)
§ 9.07.009. Permit 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 of Anna. 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 article. Protected trees proposed to be
critically altered must be shown on construction plans approved by the landscape administrator.
(2) piseased• dead._ or dangerous tree. An applicant is exempt from the tree permit fee if critically
altering a diseased or dead tree, or a tree which poses an imminent or immediate threat to persons
or property, in a manner which is allowed under permit exemption status.
(3) Trees located on a property that contains an existing one -family or two-family dwelling that is the
applicant's residence, so long as such trees measure less than 10 inches in diameter at a point on
the trunk four feet and six inches above the ground.
(Ordinance 220-2005 adopted 7/28/05; 2008 Code, pt. III-F, sec. 9; Ordinance 7962018, sec. 9,
adopted 12/11118)
§ 9.07.010. Review of permit application; waivers.
(a) Tree er nit applLcations., The landscape administrator shall grant a tree permit provided the
requirements of this article are met. Limited purpose tee permits shall be approved within three
business days after complete permit information is provided by the applicant.
(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) fflalvers. 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 article;
(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 article, 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 article.
(Ordinance 220-2005 adopted 7/28/05; 2008 Code, pt. III-F, sec. 10; Ordinance 796-2018, sec. 10,
adopted 12/11/18)
§ 9.07.011. 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 singlele f� or duplex residential subdivision.
(A) Protected trees located in a FEMA 100-year floodplain, NRCS lake tree preservation zone,
or erosion hazard setback zone shall be subject to all tree replacement and tree protection
requirements of this article, to the extent permitted under state law.
(B) In cases other than listed immediately above (subsection (1)(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:
(1) 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 hike/bike/equestrian 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
(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.
(2) gonstruction of a sing e1 fa_ milt' or duplex residence on a single Uo ]jo part of a larggr
sybdivision),
(A) Protected trees located in a FEMA one -hundred -year floodplain, NRCS lake tree
preservation zone, or erosion hazard setback zone shall be subject to all tree replacement
and tree protection requirements of this article.
(B) in cases other than listed immediately above (subsection (1)(A) [(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:
(1) 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
(vili) 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 article.
(3) Construction of a multifamily develo ment•
(A) Protected trees located in a FEMA one -hundred -year floodplain, NRCS lake tree
preservation zone, or erosion hazard setback zone shall be subject to all tree replacement
and tree protection requirements of this article.
(B) In cases other than listed immediately above (subsection (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:
(1) 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 hike/bike/equestrian 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.
(C) All other areas of the lot shall be exempt from tree protection and tree replacement
requirements of this article.
(c) Nonresidential development.
(1) Protected trees located In a FEMA one -hundred -year floodplain, NRCS lake tree preservation
zone, or erosion hazard setback zone shall be subject to all tree replacement and tree
protection requirements of this article.
(2) In cases other than listed immediately above (subsection (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 [to]:
(A) Install and maintain any utility lines;
(B) Dedicate public right-of-way;
(C) Construct any public or private streets at the minimum required width only;
(D) Provide any required easement up to the minimum width needed to accommodate the
required service;
(E) Construct any fire lanes at the minimum required width only;
(F) Construct any sidewalks at the minimum required width only;
(G) Construct swimming pools;
(H) Construct any hike/bike/equestrian trails;
(1) 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
(J) 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 article, except that tree replacement in
areas reclaimed from the floodplain and used for nonresidential development shall be limited to
one three-inch caliper tree for each protected tree removed.
(d) Existing sing e-family o�lex residential development. All trees 18 inches in caliper or greater at
DBH 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 nonresidential or
multifamily development, as applicable.
(f) Demolition. The landscape administrator may issue a limited purpose tree permit to allow critical
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 article.
(g) Diseased frees. 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 article.
(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 driplines, nes. 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 aiong_property ines. 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 article.
(1) 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
article, the developer or lot owner, as a condition to issuance of a tree removal permit, may be
required to replace the tree(s) being removed with replacement trees comparable to other
trees within the site.
(3) Tree replacement will be considered only after all design altematives 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:
(A) A total of 18 inches diameter to be removed shall be replaced with six 3-inch diameter
trees.
(B) A total of 19 inches diameter to be removed shall be replaced with seven 3-inch trees, or
five 3-inch trees and one 4-inch 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.
(ordinance 220-2005 adopted 7/28/05; 2008 Code, pt. III-F, sec. 11; ordinance 796-2018, sec. 11,
adopted 12/11/18)
§ 9.07.012. Tree requirements for commercial properties.
(a) See article 9.06 landscape regulations for tree requirements.
(b) See appendix 1 at the and of this article for a suggested species list that may be used to meet the
requirements of this article.
(Ordinance 220-2005 adopted 7/28/05; 2008 Code, pt. Ili-F, sec. 12; Ordinance 796-2018, sec. 12,
adopted 12/11 /18; Ordinance 862-2020 adopted 6/23/20)
§ 9.07.013. Tree credits.
(a) All persons subject to payment of a tree permit fee under this article or any other city ordinance are
entitled to apply for a credit for tree planting to offset the amount of the fee ("tree credit").
(b) To qualify for a tree credit, the planted tree must measure no less than 2" in diameter at a point on
the trunk four feet and six Inches above the ground, and be:
(1) Planted on a property for which the tree permit fee was assessed; or
(2) Planted on a property mutually agreed upon by the city and the applicant.
(c) Tree credits shall be calculated and applied as offsets in the same manner as tree permit fees are
determined, and subject to the following rules:
(1) Tree credits shall be equal to the amount of the tree mitigation fee assessed against the
person if the property is an existing one -family or two-family dwelling that is the applicant's
residence.
(2) Tree credits shall be no less than 50 percent of the tree permit fee assessed against the
applicant if the property is a residential structure or pertains to the development, construction,
or renovation of a residential structure, and the applicant is developing, constructing, or
renovating the property for a use other than use as the applicant's residence.
(3) Tree credits shall be no less than 40 percent of the tree permit fee assessed against the
applicant if the property is not a residential structure or the person is constructing or intends to
construct a structure on the property that is not a residential structure.
(d) Tree credits are only available for planting of trees from the city's approved list of species.
(e) 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:
(1) If the caliper of the preserved exempt tree is 3" - 16", the credit applied will be equal to the
caliper of the preserved trees.
(2) If the caliper of the preserved exempt tree is greater than 16", the credit applied will be equal to
twice the caliper of the preserved tree.
(f) 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.
(g) 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.
The city may, prior to the issuance of a tree permit or allowing any offset of tree permit fees through
tree credits, impose additional requirements for tree -planting methods and best management
practices to ensure that the tree(s) grow to the anticipated height at maturity.
(Ordinance 220-2005 adopted 7/28/05; 2008 Code, pt. III-F, sec. 13; Ordinance 796-2018, sec. 13,
adopted 12/11/18)
§ 9.07.014. Maintenance.
The property owner or his/her 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 article.
(Ordinance 220-2005 adopted 7/28/05; 2008 Code, pt. III-F, sec.14; Ordinance 796-2018, sec. 14,
adopted 12111 /18)
§ 9.07.015. Enforcement.
The city shall not approve a development agreement unless it provides that all construction activities
shall meet the requirements of this article.
(1) No building permit or development permit shall be issued unless:
(A) A construction tree permit has been approved; or
(B) An affidavit of no protected trees has been submitted and approved; or
(C) 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 article.
(3) No certificate of occupancy (C.O.) shall be issued until any and all penalties for violations of this
article have been paid to the city. No C.O. shall be issued until all required replacement trees have
been planted.
(Ordinance 220-2005 adopted 7/28/05; 2008 Code, pt. III-F, sec.15; Ordinance 796-2018, sec. 151
adopted 12/11/18)
§ 9.07.016. Offenses and penalties.
(a) A person commits an offense if the person critically alters a protected tree not meeting an exception
listed in this article 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 article 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 $100.00 per caliper inch of the tree
critically altered, not to exceed $500.00 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 article
other than those listed above shall be guilty of a misdemeanor and upon conviction hereof shall be
fined in accordance with the general penalty provided in section 1.01.009 of this code for each
Incident. Each and every day said violation is continued shall constitute a separate offense.
(e) Allegation and evidence of a culpable mental state is not required for proof of an offense defined by
this article. Ignorance of the terms of this article is not an excuse for any violation.
(Ordinance 220-2005 adopted 7/28/05; 2008 Code, pt. III-F, sec.16; Ordinance 796-2018, sec. 16,
adopted 12/11/18; Ordinance adopting 2019 Code)