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Home My WebLink AboutCC 1999-09-20 Agendas CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION SEPTEMBER 20, 1989 - 6:00pm AGENDA The City Council of the City of North Richland Hills will hold a work session on Monday, September 20, 1999 at 6:00 p.m. at the North Richland Hills City Hall in the Pre-Council Room, 7301 Northeast Loop 820, North Richland Hills, Texas. AGENDA: 1. Call to Order / 2. Review and Discussion of Draft Copy of Tree Preservation Ordinance 3. Adjournment tf {,1~ ---- , "'"."' ""'"""" . -I, - Date I ('. f)tJ~ Time By l.~~ ., . . . INFORMAL REPORTTO MAYOR AND CITY COUNCIL No. IR 99..210 -=Þ~~ Date: September 20, 1999 Subject: Review and Discussion of Draft Tree Preservation Ordinance Please find attached a copy of the draft tree preservation ordinance that was sent to the City Council at last Monday's regular City Council meeting. This draft ordinance, once again, is based on feedback staff received from the Council survey, as well as some of the limited discussion the Land Use Ad Hoc Committee had during the course of their meetings. As far as the tree preservation ordinance is concerned, we have not made any additional changes in what was distributed last Monday. Staff recognizes that there are a few areas within the ordinance that need better clarification or words to add emphasis so that the city's intent is clearly stated. We also encourage and look forward to City Council's concerns and issues so that those comments can be incorporated in the tree preservation ordinance. In response to Council inquiry of development costs, is a timeline Attachment "AD outlining four different scenarios from a development standpoint. This outline I timeline gives detailed information on the platting process, zoning change, and what the various fees were for each stage of the process. Attachment "0" addresses the development costs associated with the project. The average development and building permit costs typically runs 1- 2% of the total project. When you look at the various time lines of each scenario there is a wide range of days that it takes to get a project through the process. Attachments "8" and "C" outlines the various state mandated requirements such as notification process for public hearings, as well as the various charter requirements that North Richland Hills has as it relates to platting. Some cities' charters do not require final plats to be heard by City Council. As you can see, even in a perfect world there are 39 days required by state law and City Charter on some development projects. This does not take into consideration review time by both the city and applicant as well as timeframes necessary to distribute agendas. Attachment "C" addresses the timeframe more realistically, incorporating review and agenda preparation time. Each of these development scenarios can differ based on whether the property is platted, has correct zoning, and has any other issues that can require additional time for plat approval. The most common issues resulting in added review time and delays are the obtaining of off-site easements, traffic impact analysis, major drainage issues, etc. During this high peak development period, we are seeing the private engineering firms having difficulty meeting their own schedule for review time and also to make the necessary corrections can take anywhere from 10 to 20 days. I say all this not to defend what the city has done, but more to explain that there are several required steps in the process that are either state mandated or are required by City Charter that can impact the timeline of a project. We are also trying to obtain some cost estimates from land surveyors or other qualified individuals, on the cost of a tree survey on a heavily wooded lot to one that is very sparsely planted with trees. At the work session on Monday night, we will also have some graphic exhibits that better illustrates the intent of what the tree ordinance outlines. These graphics will indicate trees located in the building pad or driveway or maneuvering areas, also the replacement of trees as it relates to drainage easements or cut and fills. If you have any questions or comments, please do not hesitate to contact Marcy Ratcliff or me. Steve Norwoo Assistant City Manager ISSUED BYTHE CITY MANAGER NORTH RICHLAND HILLS, TEXAS . . . Retail " 1 " Attachment "A" PRELIMINARY PLAT - PS 97-48 DATE FILED 10-06-97 DATE APPROVED 11-13-97 $ 150.00 COST Plat Fee ~ Plans returned one time - Engineering had plans from 10-27-97 to 11-03-97 FINAL PLAT - PS 97-53 DATE FILED 10-15-97 DATE APPROVED 02-09-98 DAYS 118 $ 206.00 $1950.00 $1865.00 $1651.00 $5872.00 COST Fee ~ Plans returned one time - Developer had plans from 12-10-97 to 12-22-97 ~ The applicant requested to postpone CC meeting to allow time to get an agreement concerning the control of runoff from the properties surrounding the development ZONING (DISTRICT CHANGE, SUP, PO, SITE PLAN) - Not Applicable DATE FilED N/A DATE APPROVED N/A COST BUILDING PERMIT - (15,120 sf, Valuation $1,250,000) DATE FILED DATE APPROVED DAYS COST 02-19-98 03-13-98 22 Building . Permit $5039.50 Plan Review $3275.67 Electric Permit $ 630.00 Plumbina Permit $ 345.00 Mechanical Permit $ 347.00 Fire Sprinkler $ 286.00 Certificate of Occupancv $ 30.00 Health Permit $ 150.00 Water Meter-DomlTap & $3129.87 Impact Irrigation Mtr-Tap & Impact $1647.44 Fire Check Mtr-Tap $ 360.00 Total $15,240.48 GRAND TOTAL 158 Days $21,062.48 ~ Public Works Pre-Construction Meeting 04124/98 ~ Permit Eligible for issuance 04124198 ~ Permit Purchased 05-08-98 K:\PROJECTdoc · · · Retail "2" FINAL PLAT - PS 98~ (REPLA T) DATE FILED 07-31-98 DATE APPROVED 10-26-98 $ 252.00 $1067.00 $ 921.86 $ 271.39 $2512.25 DAYS COST 88 Application Fee Water Inspection Fee Sewer Inspection Fee Draina e Inspection Fee Total ~ Returned for corrections one time - Developer had plans 10-5-98 thru 10-13-98 ZONING (DISTRICT CHANGE, SUP, PD, SITE PLAN) - Not Applicable DATE FILED N/A DATE APPROVED COST N/A BUILDING PERMIT - (11,200 sf, Valuation $1,300,000) DATE FILED DATE APPROVED DAYS COST 9-25-98 2-19-99 147 Building Pennit $5139.50 Plan Review $3340.50 Electric Permit $ 301.00 Plumbing Permit $ 288.00 Mechanical Permit $ 257.00 Fire Alann $ 60.00 Certificate of Occupancy $ 30.00 Health Permit $150.00 Water Mtr-DomlTap & $6523.80 Impact Irrigation Mtr- Tap & Impact $4814.80 Total $20,904.60 GRAND TOTAL 203 Days $23,416.85 ~ Pennit not eligible for issuance until 2·23-99 ~ Public Works Pre-Constructlon Meeting 2123/99 ,. Plan Review letter, 1113/98 ~ Plan Review letter, 11/10/98 K:\PROJECT.doc 2 Retai 1 "3 " . PRELIMINARY PLAT - PS 97-30 DATE FILED 6-16-97 DATE APPROVED 8-28-97 COST Application Fee $121.50 þ> Returned for corrections one time - Developer had plans 7·15·97 to 8-4·97. FINAL PLAT - PS 97·39 DATE FILED 8-5-97 DATE APPROVED 10-13-97 DAYS COST 70 Ap lication Fees Water Inspection Fee Sewer Ins ion Fee Total $ 121.50 $2054.00 $ 700.00 $2875.50 ZONING - PZ 97-34 Planned Development for Assisted Living DATE FILED 06-20-97 DATE APPROVED 07-28-97 COST Planned Development App $300.00 . BUILDING PERMIT - (31,593 sf, Valuation $2,541,000) DATE FILED DATE APPROVED DAYS COST 10-8-97 12-23-97 76 Building Permit $ 7621.50 Plan Review $ 4954.00 Electric Permit $ 484.34 Plumbing Permit $ 1375.00 Mechanical Permit $ 1076.00 Fire Alarm $ 555.00 Fire Sprinkler $ 60.00 Certificate of Occupancy $ 30.00 Fire Suppression $ 60.00 Health Permit $ 150.00 Water Meter-DomfTap & $10,240.83 Impact Irrigation Mtr-Tap & $ 1862.44 Impact Fire Check Mtr-Tap $ 360.00 Total $28,829.11 GRAND TOTAL 191 Days $32,126.11 þ> Public Works Pre-Construction Meeting 12-22-97 þ> Permit not eligible for issuance until 12-23-97 e K:\PROJECT.doc 3 . . . Retail "4" PRELIMINARY PLAT - PS 97-25 DATE FILED 06-06-97 $155.00 DATE APPROVED 07-24-97 COST Application Fee ;, Returned for corrections one time - Developer had plans 7-15-97 to 8-4-97. FINAL PLAT - PS 97-35 DATE FILED DATE APPROVED DAYS COST 07-14-97 09-08-97 56 Application Fee $ 185.50 Street In 'nFee $1167.00 Water In 'nFee $1207.00 Sewer In 'nFee $ 817.00 Drainage I . n Fee $ 142.00 Total $3333.00 ~ Plans returned one time; Engineering had plans from 8-4-97 to 8-20-97. ZONING - PZ 97-30 Special Use Permit DATE FILED 06-06-97 $300.00 DATE APPROVED 07-14-97 COST Application Fee BUILDING PERMIT - (3,200 sf, Valuation $1,000.000) DATE FILED DATE APPROVED DAYS COST 4-25-97 10-1-97 159 Building Permit $3539.00 Plan Review $2300.00 Electric Permit $ 153.00 Plumbing Permit $ 140.00 Mechanical Permit $ 73.00 Certificate of Occupancy $ 30.00 Health Permit $ 150.00 Water Meter-DomlTap & $9540.83 Impact Irrigation Mtr-Tap & $4739.36 Impact Total $20,665.19 GRAND TOTAL 147 Days $24,453.19 ~ Final Plat not approved until 9-8-97 ~ Public Works Pre-Construction Meeting 1-9-98 ~ Permit technically not eligible for issuance until 1-9-98 ~ Permit issued early to facilitate sale of property - construction not permitted to commence until 1-9-98 K:\PROJECT.doc 4 Attachment "B" . Minimum Time Line for Application Submittals as Required by State Law All applications are perfect. Meeting Dates follow each other immediately. Zone Change Request 10 Day Notification Planning and Zoning Commission Total: 11 days 15 Day Notification City Council Total: 16 days Preliminary Plat - Residential - Planning and Zoning Commission Only 72 Hours (3 days) with 1 day of preparation Total: 4 days Final Plat 72 Hours (3 days) with 1 day of preparation - PZ 72 Hours (3 days) with 1 day of preparation - CC Total: 4 days . Total: 4 days Grand Total: 39 days . K:\PROJECT.doc 5 . M· . T· L· f A ,. t· S b ·tt I Attachment "C Inlmum Ime me or pp Ica Ion u ml a s as Required by City for Review Time Applications are perfect. Meeting dates follow the calendar. Zone Change Request Submittal Time and 10 Day Notification Planning and Zoning Commission Total: 20 days 15 Day Notification after PZ approval plus waiting for next City Council Agenda City Council Total: 32 days Preliminary Plat - Residential - Planning and Zoning Commission Only Submittal Time 38 days Total: 38 days Final Plat . Schedule for very next CC Total: 38 days Total: 11 days Plat Sub Total: 87 days Grand Total: 139 days* Submittal Time - PZ * The majority of the time the zoning and preliminary plat applications would run concurrent. The grand total would then be approximately 87 days. . K:\PROJECTdoc 6 . . . Retail "1" Retail "2" Valuation of Land Total Development Fees % of Development fees to land value Valuation of Building Total Bldg. Permit Fees % of Permit fees to building value Land & Building Valuation Total Dev. & Permit Fees % of Total fees to building and land value Valuation of Land (based on 1.833 acres) Total Development Fees % of Development fees to land value Valuation of Building Total Bldg. Permit Fees % of Permit fees to building value Land & Building Valuation Total Dev. & Permit Fees % of Total fees to building and land value Attachment "0" $ 859,536.00 $ 5,672.00 0.66% $ 1,250,000.00 $ 15,240.48 1.22% $ 2,109.536.00 $ 21,062.48 1.00% $ 479,073.00 $ 2,512.25 0.52% $ 1,300,000.00 $ 20,904.60 1.61% $ 1,779,073.00 $ 23,416.85 1.32% . Retail "3" Retail "4" . . Valuation of Land Total Development Fees (including zoning) % of Development fees to land value Valuation of Building Total Bldg. Permit Fees % of Permit fees to building value Land & Building Valuation Total Dev. & Permit Fees % of Total fees to building and land value Valuation of Land Total Development Fees (including zoning) % of Development fees to land value Valuation of Building Total Bldg. Permit Fees % of Permit fees to building value Land & Building Valuation Total Dev. & Permit Fees % of Total fees to building and land value $ 187.997.00 $ 3,175.50 1.69% $ 2,541,000.00 $ 28,829.11 1.13% $ 2,728,997.00 $ 32,126.11 1.18% $ 803,424.00 $ 3,633.00 0.45% $ 1,000,000.00 $ 20,665.19 2.07% $ 1,803,424.00 $ 24,453.19 1.36% . . . 1999 Tarrant County Appraisal District Tax Roll Information Lot 1, Block 1, Hightower Plaza - Retail "1" 1 .644 acres Land Improvements Total $859,536 $706,054 $1,565,590 Lot 1, Block 3, Brentwood Estates - Retail "2" portion of 7.6294 acre tract (the recorded plat on 11/98 was for 1.833 acres) Land Improvements Total $1,994,022 N/A (the property was vacant when appraised) $1,994,022 Lot 1, Block 1, Covenant Addition - Retail "3" 2.877 acres Land Improvements Total $187,997 $2,609,319 $2,797,316 Lot 1, Block 1, E Systems Addition - Retail "4" 1 .53 acres Land Improvements Total $803,424 $450,111 $1,253,535 K:\PROJECT.doc 7 · · · INFORMAL REPORT TO MAYOR AND CITY COUNCIL No.lR 99-203 ---Lk ~-=~ ." " Date: September 13, 1999 Subject:R· d D· . f D ft C f T P . 0 d· eVlew an ISCUSSlon 0 ra opy 0 ree reservation r mance Please find attached a draft tree preservation ordinance. This is the first draft of the ordinance based on feedback Staff received from the survey and from the limited discussion at the August 23, 1999 Pre-Council Meeting. Staff carefully reviewed the Land Use Ad Hoc Committee's draft tree preservation ordinance and used it as base for the proposed ordinance in your packet. Staff is still soliciting input from various City Departments and will be soliciting input from other Boards such as the Planning and Zoning Commission and the Economic Development Advisory Committee. Staff will be requesting additional feedback from the development community after City Council's initial review. The development of the proposed tree preservation ordinance was based on City Council's direction from the survey, Council's goal for quality development and to not create an ordinance punitive to new development. The draft was written with the intent of being logical, easily understood and enforceable by City Staff. Your comments and recommended additions and deletions will be greatly appreciated. Staffs desire it to give City Council the opportunity to consider and adopt the best tree preservation ordinance for the City of North Richland Hills. Attached also is a list of requirements included in the ordinance based on responses from Council's survey on tree preservation, a chart listing the differences between the proposed draft and the Land Use Ad Hoc Committee's draft and a chart outlining the differences between ordinances from Grapevine, South lake, Keller, Colleyville and the proposed North Richland Hills Ordinance. Respectfully submitted, ~e Marcy R liff Planning irector L\Cases\Staff Reports\lR 99-203 Old Tree PreservaIion 9-13-99.doc 10:07 ÞM œ.œI99 ISSUED BY THE CITY MANAGER NORTH RICH LAND HILLS, TEXAS · PLANNING STAFF DRAFT City of North Richland Hills ARTICLE 12 TREE PRESERVATION SECTION 100 PURPOSE AND INTENT , The purpose of this Article is to encourage the preservation of mature trees and natural areas, to preserve protected trees during construction, and to provide for the removal of protected trees when necessary. It is the intention of the City to: · Prohibit the indiscriminate clearing of property, · Protect and increase the value of residential and commercial properties within the City, · Maintain and enhance a positive image for the attraction of new businesses and residents to the City, · Protect healthy mature trees and promote the natural ecological, environmental and aesthetic qualities of the City. SECTION 200 DEFINITIONS A. GENERAL RULES: For the purpose of this ordinance, the following rules shall be applied in constructing, interpreting or otherwise defining the terms and provisions hereof: · 1 . Words used in the present tense shall include the future, words used in the singular number shall include the plural number and words used in the plural shall include the singular. 2. The word "shall is mandatory and the word "may" is permissive. B. DEFINITIONS: The following definitions shall apply to this article. Words and terms used in this article, but not defined in this article shall have the meaning ascribed thereto in the Zoning Ordinance, Landscape Ordinance or other ordinances of the City. Words and terms defined in two ordinances shall be read in harmony unless there exists an irreconcilable conflict in which case the definition contained in this ordinance shall control. 1. BUILDABLE AREA: That portion of a building site exclusive of the required yard areas on which a structure or building improvements may be erected and including the actual structure, driveway, parking lot, pool and other construction as shown on a site plan. 2. BUILDING PAD: The actual foundation area of a building and a reasonable area around the foundation necessary for construction and grade transitions. · 3. CLEAR-CUTTING: The removal of all trees or a significant majority of the trees within an area of land. Tree Preservation Ordinance III 10:04 AM 09/08/99 Page 1 of 10 . . . PLANNING STAFF DRAFT 4. CRITICAL ROOT ZONE: 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. 5. CUT/FILL: Areas where the natural ground level has been excavated (cut) or fill brought in. 6. DRIP LINE: A vertical line run through the outermost portion of the canopy of a tree and extending to the ground. 7. LIMITS OF CONSTRUCTION: A delineation on the graphic exhibit. which shows the boundary of the area within which all construction activity will occur. 8. PERSON: Any corporation, partnership, association or other artificial entity; or any individual; or any agent or employee of the foregoing. 9. PROTECTIVE FENCING: Snow fencing, chain link fence, barbed wire fence, orange vinyl construction fencing or other similar fencing with a four foot (4') approximate height. 10. PROTECTED TREE: Any self-supporting woody perennial plant which has a caliper of four (4) inches or more when measure at a point of four and one-half (4.5) feet above ground level and which normally attains an overall height of at least fifteen (15) feet at maturity, usually with one (1) main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oaks. 11. SELECTIVE THINNING: The removal of selected trees from within a densely forested area. 12. YARD AREA: The front, side and rear yard areas as required under the Comprehensive Zoning Ordinance and the zoning district requirements applicable thereto. SECTION 300 APPLICABILITY A. The terms and provisions of this article shall apply to real property as follows: 1. All vacant and undeveloped property. 2. All property to be redeveloped, including additions and alterations. 3. All easements and rights-of-way, except those included in a plat approved by City Council shall meet the terms and provisions of this article. 4. The yard areas of all developed property, excluding developed and owner- occupied single family residential property. Tree Preservation Ordinance III 10:04 AM 09/08/99 Page 2 of 10 PLANNING STAFF DRAFT B. Protected Trees · 1. A "protected tree" is any tree that has a trunk caliper of four (4) inches or more, as measured four and one half (4.5) feet above natural grade level. 2. Protected Trees shall not include the following species: Bois d'Arc - (Mac/ura Pomifera Female Only) Cottonwood - (Populus Deltoides) Chinaberry - (Melia Azeoarach) Deodar Cedar - (Cedrus deodara) Hackberry - (Celtis Occidentalis Laevigata) Honeylocust - (Gleditsia triacanthos) Japanese Black Pine - (Pinus thunbergil) Mesquite - (Prosopis glandulosa) Mimosa - (Alibizzia Julibrissen) Mulberry (Morus Alba) Tree of Heaven - (Ailanthus Altissima) Black Willow - (Salix Nigra) SECTION 400 TREE REMOVAL AUTHORIZATION REQUIRED A. A Tree Removal Authorization shall be required when protected trees are requested to be removed. No person, directly or indirectly, shall cut down, destroy, move or remove, or effectively destroy through damaging, any protected tree situated on private or public property regulated by this ordinance without first obtaining a Tree- Removal Authorization unless the conditions of Section 500 apply. · 1. Clear-cutting: The clear-cutting of land as defined in this ordinance is prohibited. 2. Selective Thinning: The removal of selected trees from within a densely forested area when done in a professionally accepted manner shall be allowed as a single permit upon approval by the Parks and Recreation Department. Approval will only be granted when the Parks and Recreation Department determines that the selective thinning is being done in a manner that would enhance the environment and likelihood of survival for the remaining trees. SECTION 500 TREE REMOVAL A. No tree or trees shall be removed prior to issuance of a building permit unless one of the following conditions exist. The burden of proof as a qualified exception is upon the remover of the tree. It is highly recommended that qualification as an exception be determined by the Building Official prior to removal of the tree. 1. Any tree located in a new single family residential subdivision with two lots or less. · 2. Any tree located within street rights-of-way, utility or drainage easements as recorded on a plat approved by City Council. In the event that certain trees outside the above areas or trees based partially outside the easement or right- of-way are requested to be removed to allow the operation of equipment, the applicant shall submit a recorded plat, and a site plan which indicates the exact Tree Preservation Ordinance III 10:04 AM 09108/99 Page 3 of 10 PLANNING STAFF DRAFT operation area needed. The Building Official or his designee may approve selected removal under this condition. . 3. The tree is diseased, injured, in danger of falling, interferes with utility service, creates unsafe vision clearance, or conflicts with other ordinances or regulations and immediate removal is required. 4. Any tree that has disrupted a public utility service due to a tornado, storm, flood or other act of God. Removal shall be limited to the portion of the tree reasonably necessary to reestablish and maintain reliable utility service. 5. Landscape Nursery. All licensed plant or tree nurseries shall be exempt from the tree protection and replacement requirements and from the tree removal provision only in relation to those trees planted and growing on the premises of said licensee which are so planted and growing for the sale or intended sale to the general public in the ordinary course of said licensee's business. This may also apply to a nursery established and so designated by a developer of a large project within the City, where trees are intended for landscaping future phases of such larger project. B. Upon issuance of a building permit, the developer shall be allowed to remove trees located in the approved buildable area of the property. Trees located in required yard areas, buffers and open space area shall be maintained. The buildable area shall extend five feet from such areas to allow for the normal operation of construction equipment. . SECTION 600 AUTHORIZATION REVIEW AND APPROVAL PROCESS A. AUTHORITY FOR REVIEW: The Building Official or his designee shall be responsible for the review and approval of all requests for Tree Removal Authorizations submitted in accordance with the requirements specified herein. Upon receipt of a completed application, the Building Official, may take one of the following actions: 1. DEFERRAL OF DECISION: The Building Official may defer the approval of a tree removal authorization to the Planning and Zoning Commission for any reason. All decisions made by the Commission shall be final. 2. APPROVAL: The Building Official shall issue a Tree Removal Authorization if it is determined that: a. The tree constitutes a hazard to life or property which cannot be reasonably mitigated without removing the tree; or b. The tree is dying, dead, or diseased to the point that restoration is not practical; or . c. All reasonable efforts have been made to avoid removing the tree for the development and removal cannot be avoided. Tree Preservation Ordinance III 10:04 AM 09108/99 Page 4 of 10 . . . PLANNING STAFF DRAFT 3. REFUSAL: The Building Official shall deny a Tree Removal Authorization Application if it is determined that; a. Removal of the tree is not reasonably required in order to conduct anticipated activities; or b. A reasonable accommodation can be made to preserve the tree. 4. APPEAL OF DECISION: Any decision made by the Building Official may be appealed to the Planning and Zoning Commission. All decisions made by the Commission shall be final. 5. AUTHORIZATION EXPIRATION: Tree Removal Authorization issued in connection with a Building Permit or Site Plan shall be valid for the period of that Building Permit's or Site Plan's validity. A Tree Removal Authorization not issued in connection with a Building Permit or a Site Plan shall become void one hundred eighty (180) days after the date of the approval. B. TREE REMOVAL AUTHORIZATION APPLICATION 1. Tree Removal Authorization. A request for Tree Removal Authorization must be submitted and approved prior to the removal of any protected tree in the City unless the tree is exempt under a provision of this ordinance. 2. Tree Removal Authorization Application. The application shall be made by the property owner in conjunction with a registered landscape architect, certified nurseryman, arborist, registered engineer or registered professional land surveyor. A graphic exhibit shall be provided showing at least the following items: a. Appropriate title (Le. Tree Removal Authorization Exhibit); b. Title block includes street address, lot and block, subdivision name, city and date of preparation; c. North arrow, graphic and written scale in close proximity; d. Scale at a size no larger than 1 inch equals 200 feet (i.e. 1 inch equals 100 feet OK) e. Name, address and phone of owner(s) and person(s) preparing the exhibit; f. Location of all R.O.W. lines and public easements; g. Location of all buildings, structures, pools, parking, and other improvements which are existing or intended on the lot; Tree Preservation Ordinance III 10:04 AM 09108/99 Page 5 of 10 PLANNING STAFF DRAFT h. . I. J. k. Areas of proposed cut/fill with amount of each shown, and the drainage flow line, if applicable; Existing and proposed spot elevation, grades and major contours, along with existing landscaping, streams, ponds and major natural features. Limits of construction line shown, if applicable; Location of all protected tree(s) and thicket boundaries within 50 feet of any construction area that are to remain, with a description of the size and types of trees, such trees shall be designated by a circle; I. The location of all protected trees which are to be removed, such trees shall be designated by a triangle; m. Note on the graphic exhibit the caliper size (4.5 feet from ground), the Latin and common name of tree to be removed; and n. Location of any required replacement trees shown with caliper size and common name of tree found from the list of approved trees in the Landscaping Regulations. . These requirements may be modified by the Building Official as needed to administer this ordinance. An aerial photograph may be allowed if it includes all of the above items on a transparency at the same scale as the photo. SECTION 700 TREE REPLACEMENT REQUIREMENTS A. TREE REPLACEMENT: In the event that a Tree Removal Authorization is granted, the applicant shall replace the protected trees being removed with trees listed in the Approved Plant List in the Landscape Regulations. A sufficient number of trees shall be planted to equal, in caliper, the diameter of the tree removed. Replacement trees shall be a minimum of 2" caliper measured 12 inches from the ground and seven (7) feet in height when planted. B. REPLACEMENT PROCEDURES: Replacement trees shall be located on the subject site whenever possible. However, if this is not feasible, the Building Official has the authority to allow the planting to take place within the right-of-way or on another property. Such replacement shall occur at the time of landscaping of newly developed property or anytime in the event of removal after the property has been developed. C. RE-FORESTATION FUND: If approved by the Building Official, or the Planning and Zoning Commission, the applicant, in lieu of compliance with this Article, may make a payment into the Re-forestation Fund, which shall be a special account administered by the City Parks and Recreation Department. The funds shall be used only for purchasing, planting and maintaining trees on public property, or for acquiring and preserving wooded property. The amount of payment required shall . Tree Preservation Ordinance III 10:04 AM 09/08/99 Page 6 of 10 PLANNING STAFF DRAFT . be calculated based on an average of three current market prices for the cost of acquiring, planting and maintaining a tree(s) equal in caliper to the trees to be removed for a period of one year. Two prices will be provided by the applicant and the City will provide one price. SECTION 800 TREE PROTECTION A. PRIOR TO CONSTRUCTION: The following procedures shall be followed on all types of construction projects (i.e. residential subdivisions, commercial, multi family, industrial developments, residential builders and municipal/public). It is the responsibility of the developer and his subcontractors to take the appropriate action to preserve all protected trees during all phases of construction. 1. TREE FLAGGING: All protected trees on the subject property within fifty feet (50') of a construction area or surface improvements such as driveways and walks, shall be flagged with bright fluorescent orange vinyl tape wrapped around the main trunk at a height of 4 feet or more, such that the tape is very visible to workers operating construction equipment. . 2. OPEN SPACE FLAGGING: All trees or groups of trees within areas intended to be saved as open space shall be enclosed with fluorescent orange tape along all areas of possible access or intrusion by construction equipment. Tape shall be supported at a minimum of twenty-five (25') foot intervals by wrapping trees or utilizing another approved method. Single incident access for the purposes of clearing underbrush is allowed. 3. PROTECTIVE FENCING: In those situations where a protected tree is so close to the construction area that construction equipment will infringe on the root system, a system of protective fencing may be required between the tree and the construction activity. 4. BARK PROTECTION: In situations where a protected tree remains in the immediate area of intended construction, the tree shall be protected by enclosing the entire circumference of the tree with 2 inch x 4 inch lumber encircle with wire or other means that do not damage the tree. This will protect the bark of the tree against incidental contact by large construction equipment. 8. PROHIBITED ACTIVITIES ADJACENT TO TREES: The following activities shall be prohibited within the limits of the critical root zone of any protected tree subject to the requirements of the ordinance 1. MATERIAL STORAGE: No materials intended for use in construction, or waste materials accumulated due to excavation or demolition, shall be placed under the canopy of any protected tree. . 2. EQUIPMENT CLEANING/LIQUID DISPOSAL. No equipment shall be cleaned, or other materials or liquids deposited or allowed to flow over land, within the Tree Preservation Ordinance III 10:04 AM 09/08/99 Page 7 of 10 PLANNING STAFF DRAFT limits of the canopy of a protected tree. This includes, without limitation, paint, oil, solvents, asphalt, concrete, mortar or similar materials. . 3. TREE ATTACHMENTS. No signs, wires, or other attachments other than those of a protective nature shall be attached to any protected tree. 4. VEHICULAR TRAFFIC. No vehicular and/or construction equipment traffic or parking shall take place within the limits of the canopy of any protected tree other than on an existing paved street or parking lot. This restriction does not apply to single incident access within the critical root zone for purposes of clearing underbrush, establishing the building pad and associated lot grading, vehicular traffic necessary for routine utility maintenance or emergency restoration of utility service or routine moving operations. 5. GRADE CHANGES: No grade changes in excess of two inches (2") (cut or fill) shall be allowed within the limits of the critical root zone of any protected tree unless adequate construction methods are utilized which have been approved by the Building Official. 6. IMPERVIOUS PAVING: No paving with asphalt, concrete or other impervious materials in a manner which may reasonable by expected to kill a tree shall be placed within the limits of the critical root zone of a protected tree except as otherwise allowed in this ordinance. . B. PRESERVED TREE CRITERIA: A protected tree shall be considered preserved only if a minimum of 75% of the critical root zone is maintained at undisturbed natural grade and no more than 25% of the canopy is removed due to building encroachment. SECTION 900 TREE PRUNING RESTRICTIONS A. GENERAL: Normal pruning required to promote tree health and vitality is permitted. No protected tree shall be pruned in a manner, which would reasonably lead to the death of the tree. B. REQUIRED PRUNING: The owners of any tree adjacent to a public right of way (R.O.W.) shall be required to maintain a minimum clearance of fourteen feet (14') above the traveled surface or curb of a public street or open space trail. The City shall also have the right to prune trees overhanging the public R.O.W. as necessary to preserve the public safety. c. ALLOWED PRUNING: The Building Official may approve pruning of a protected tree in cases where protected trees must be strategically pruned to allow construction or demolition of a structure. When allowed, all pruning shall be in accordance with Section 400.B above, approved arboricultural techniques and the recommendation of Appendix "A". This section is not intended to require a tree removal authorization for reasonable pruning performed or contracted to be performed by the owner of the tree when unrelated to construction activity. . Tree Preservation Ordinance III 10:04 AM 09/08/99 Page 8 of 10 PLANNING STAFF DRAFT D. TREE TOPPING: It shall be unlawful as a normal practice for any person, firm, or city department to top any tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this. ordinance at the determination of the Building Official. . SECTION 1000 TREE PLANTING RESTRICTION A. OVERHEAD LINES: Replacement trees shall not be planted in a location where the natural canopy of the tree will interfere with overhead utility lines. B. UNDERGROUND UTILITIES: Any required replacement trees or street trees shall not be planted within an area such that the mature root zone of the tree will interfere with underground public utilities lines (including water lines, sewer lines, transmission lines or other utilities. No trees shall be planted within ten feet (10') of a fire hydrant. C. VISIBILITY TRIANGLE: No trees shall be planted in the visibility triangle as defined in the approved Landscaping Regulations. SECTION 1100 ENFORCEMENT . A. DEVELOPERS AGREEMENT: All developer's agreements shall state that all construction activities shall meet the requirements of the Tree Preservation Ordinance. B. CONSTRUCTION PERMITS: Prior to issuance of a permit to do any site work, a tree survey of the development shall be submitted to the Building Official. C. BUILDING PERMIT: No Building Permit shall be issued unless the applicant signs a statement, that binds the applicant to ensuring that all construction activities shall meet the requirements of the Tree Preservation Ordinance. The Building Official shall make a copy of the Tree Preservation Ordinance and other relevant City policies available to the applicant. D. ACCEPTANCE OF IMPROVEMENTS: No acceptance of public improvements shall be authorized until all fines for violations of this ordinance have been paid to the City or otherwise disposed of through the Municipal Court. . E. CERTIFICATE OF OCCUPANCY: No Certificate of Occupancy (C.O.) shall be issued until all fines for violations of this ordinance have been paid to the City or otherwise disposed of through the Municipal Court. F. ENFORCEMENT: Any person, firm, corporation, agent, or employee thereof who violates any provision of this ordinance shall be guilty of a misdemeanor, and upon final conviction thereof shall be fined an amount not to exceed five hundred dollars Tree Preservation Ordinance III 10:04 AM 09108199 Page 9 of 10 . . . PLANNING STAFF DRAFT ($500) for each incident. The unlawful injury, destruction, or removal of each protected tree shall be considered a separate incident. Tree Preservation Ordinance III 10:04 AM 09108199 Page 10 of 10 . . . . Based on the Survey completed by City Council the Tree Preservation Ordinance includes: ~ A protected tree has a 4 inch caliper at 4.5 feet about ground. Trees less than 4 inches at 4.5 feet above ground are considered shrubs and can be removed as a matter of right. ~ There is a list of trees included in the ordinance that no matter what size they are they are not protected and can be removed as a matter of right. ~ The proposed Tree Preservation Ordinance applies to all new development including single family residential, multi family, commercial and industrial developments. ~ The proposed Tree Preservation Ordinance does not apply to owner occupied single family residences. ~ Approval of a tree removal authorization application is required to removed any protected tree located outside of the buildable area (building area plus paved areas). ~ A tree survey is required to be submitted before any construction or preliminary site work is allowed. ~ Illegal removal of a protected tree without a tree removal application approval will result in a fine that is $500 per tree or incident. \\NRH_CITY _HALL\VOL 1\DATA\PZ\Cases\Staff Reports\lR 99-203 Old Tree Preservation 9-13-99.doc 10:02 AM 09/08199 . . . . Differences between Drafts: Sec. Staff Proposed Draft Sec. LUAHC Draft 200 List of definitions None 300 Expanded applicability section for 2 N/A clarification 300 12 species "not protected list" 2.1A Lists only 6 species "not protected" 400 Better defined when a Tree 2 N/A Removal Authorization is required. Renamed application from Tree Removal Permit 500 Eliminate applications for trees in 2.2 Require a removal permit for all recorded easements and ROW. public or private properties, Do not require other utility including ROW., public easements, franchises to get a permit to franchises and utility easements remove trees in easements. 500B Defined specifically what trees are None authorized to be removed with a building permit (buildable area) 500B Allow 5' outside of buildable area None to allow for construction equipment 600 Building Official approves Tree 7.2 Building Official approve permit Removal Authorization base on recommendation from the City's Landscape Architect 700 Replacement Trees 2" caliper 1 3 Replacement Tree 3" caliper 1 foot foot above ground & min 7' in above ground & min 10' in height height. (Same as Landscaping Ordinance Requirement) 700 Re-Forestation Fund administered 3.3 Re-Forestation Fund administered by Parks and Recreation by the City. Department. 800 Do not require a tree protection 4 Requires a Tree Protection Plan plan or landscape plan with and a Landscape Plan to be construction plans submittal. State submitted with construction plans. what measures are necessary to protect a tree. Burden on developer. Landscape Plan is submitted at time of building permit. 900 Eliminated requiring franchise 5.2 Require all franchise utility utility companies from submitting companies to submit pruning applications for tree removal. specifications and applications when necessary. 900 Elaborated on approved and 5.2 Defined normal pruning \\NRH_CITY _HALL\VOL 1\DATA\PZ\Cases\Staff Reports\JR 99-203 Old Tree Preservation 9-13-99.doc 10:02 AM 09108199 . . . . . required pruning. maintenance to not remove more than 10% of the tree mass. 1000 Elaborated on tree planting in 6 Only address limitations next to fire public utility easements. hydrants. 1100 Enforcement - violation fee of 8.6 Enforcement - violation fee was not $500 per incident. developed . \\NRH_CITY _HALL\VOl1\DATA\PZ\Cases\Staff Reports\lR 99-203 Old Tree Preservation 9-13-99.doc 10:02 AM 09108199 . . . . Comparison of Tree Preservation Ordinances NRH Grapevine S.lake Keller Colleyville Caliper of Protected Tree 4" 3" 2" to 6"* 2" to 6"* 3" Caliper of Replacement Tree 2" 3" 3" 3" 3" Applies to Owner Occupied NO NO NO NO NO Single-Family Lots Applies to Trees in Building NO NO NO NO NO Pad Area Tree Survey Required with YES YES YES YES YES* Application Amount of Penalty $500 Determined $500 $500 $100 per inch per tree byPZ + Replacement More or Less Strict Less More More More More · Keller and South lake require protection of "understory trees" with a caliper of 2" or more and "quality trees" with a caliper of 6" or more. · Colleyville requires an aerial photo with all tree removal applications and a complete tree survey if deemed necessary by the Director of Community Development. \\NRH_CITY _HALL\VOL 1\DATA\PZ\Cases\Staff Reports\lR 99-203 Old Tree Preservation 9-13-99.doc 10:02 AM 09/08199 I· . . . LAND USE AD-HOC DRAFT City 01 "'-h RIehI.ooI Hil" TREE PIl£SER'·."TlO~ City of North Richland Hills TREE PRESERVATION SECTION 1 PURPOSE AND INTENT The purpose of this Article is to encourage the preservation of mature trees and natural areas, to preserve protected trees during construction, and to provide for the removal of protected trees when necessary. lt is the intention of the Town to: · Prohibit the indiscriminate clearing of property, · Protect and increase the value of residential and commercial properties within the City, · Maintain and enhance a positive image for the attraction of new businesses and residents to the City, · Protect healthy mature trees and promote the natural ecological, environmental and aesthetic qualities of the City, and SECTION 2 APPLICABILITY 2.1 Protected Trees A. A ·protected trees· is any tree that has a trunk caliper of four (4) inches or more, as measured four and one half /4.5) feet above natural grade level, and is not one of the following species: 1. Ailanthus Altissima (Tree of Heaven) 2. Alibizzia Julibrissen (Mimosa) 3. Maclura Pomifera (Female Only) Bois d'Arc 4. Melia Azeoaråch (Chinaberry) 5. Salix Nigra (Black Willow) 6. Celtis Occidentalis laevigata (Hackberry) B. A person must not, directly of indirectly, cut down, destroy, move or remove, or effectively destroy through damaging, any protected tree situated on property regulated by this ordinance without first obtaining a tree-removal permit unless otherwise specified in this ordinance. January 12. 1999 P-ee 1 LAND USE AD-HOC DRAFT 0,. of I'Ior1h RichI""¡ IIill, TRÈI:: PRESER'·ATIO~ 2.2 Properties Requiring a Tree Removal Permit e. All public or private properties, including rights-at-ways, public easements, franchises and utility easements, shaH be subject to a Tree Removal Permit. 2.3 Exceptions A. Residential Properties. Single family residential is exempt from this Ordinance, however, new subdivisions with 2 or more lots are not exempt from this provisions B. Identified on an Approved lendscape Plan. A Tree Removal permit shall not be required for the removal of a protected tree if the protected tree(s) to be removed are shown, and noted as such, on an approved Landscape Plan, and on construction plans approved by the Building Official. C. Public Safety. A Tree Removal Permit shall not be required if a tree endangers the public health, welfare or safety, and immediate removal is required as determined in writing by an official of the City. D. Utility Service Disruption. A Tree Removal Permit shall not be required if a tree has disrupted a public utility service due to a tomado, storm, flood or other act of God. Removal shall be limited to the portion of the tree reasonably necessary to reestablish and maintain reliable utility service. . E. Landscape Nursery. All licensed plant of tree nurseries shall be exempt from the tree protection and replacement requirements and from the tree removal permit requirements only in relation to those trees planted and growing on the premises of said licensee which are so planted and growing for the sale or intended sale to the general public in the ordinary course of said licensee's business. This may also apply to a nursery established and so designated by a developer of a large project within the City, where trees are intended for landscaping future phases of such larger project. SECTION 3 TREE REPLACEMENT REQUIREMENTS 3.1 °Replacement Tr"s In the event that a Tree Removal Permit is granted, the applicant shall replace the protected trees being removed with trees listed in the Approved Plant Ust. A sufficient number of trees shall be planted to equal, in caliper, the diameter of the tree removed. Replacement trees shall be a minimum of 3- caliper measured 12 inches from the ground, and 10 feet in height when planted. 3.2 Replacement Procedures . Replacement trees shall be located on the subject site whenever possible. However, if this is not feasible, the Building Official has the authority to allow the planting to take place on another property. Janu.,-, 12. 1999 Page 2 . . . LAND USE AD-HOC DRAFT Cil, ol N.do RicWenoI Hill. TREE PRESER'·UI0:\, 3.3 Re-forestation Fund If approved by the Building Official, the applicant, in lieu of compliance with this Article, may take a payment into the Re-forestation Fund, which shall be a special account administered by the City. The funds shall be used only for purchasing, planting and maintaining trees for a period of one year on public property, or for acquiring and preserving wooded property. The amount of payment required shall be calculated based on current market prices for the cost of acquiring, planting and maintaining a tree(s) for a period of one year. SECTION 4 TREE PROTECTION The following procedures are required to protect all protected trees which have not been approved for removal. 4.1 Construction Plan Requirements In order to ensure that contractors adequately protect trees during construction, the following shall be required as a part of all construction plans submitted to the Town unless determined otherwise by the Building Official. A. Tree Survey and Protection Plan. A Tree Protection Plan shall include the following at a minimum: 1. The graphic exhibits required for a Tree Removal Application as specified in Section 3. 2. A graphics legend to be used throughout the plans for the purposes of showing the following: Trees to be flagged, protective fencing, trees requiring bark protection, boring, and areas of cut and fill impacting protected trees. 3. Graphic tree exhibit showing the tree being removed and being preserved, and the features of those trees, including the critical root zone, trunk, canopy, drip line and caliper. 4. Graphic exhibits showing methods of protection to include snow fences, boarded skirts, etc. 5. Graphic exhibits showing construction methods of protection to include grade changes, boring, trenching, etc. All requirements of the Tree Preservation Ordinance shall be shown graphically on all applicable sheets within the construction plans. B. landscape Plan. The Tree Survey and Protection Plan must be accompanied by the landscape Plan. .ÄnUaty 12. 1999 Page 3 . . . Janu.ry 12. 1999 LAND USE AD-HOC DRAFT City .,( Nafth RIchI...t iii". TRÉE PRESER\"."TIO~ 4.2 Prior to Construction Unless otherwise approved in wrttlng by the Building Official, the following procedures shall be followed on all construction projects: A. Tree Flagging. All protected trees on the subject property within fifty feet (50') of a construction area or surface improvements such as driveways and walks, shall be flagged with bright fluorescent orange vinyl tape wrapped around the main trunk at a height of 4' or more, such that the tape is very visible to workers operating construction equipment. B. Open Space Flagging. All trees or groups of trees within areas intended to be saved as open space shall be enclosed with fluorescent orange tape along all areas of possible access or intrusion by construction equipment. Tape shall be supported at a minimum of twenty-five (25') intervals by wrapping trees or utilizing another approved method. Single incident access for the purposes of clearing underbrush is allowed. C. Protective Fencing. In those situations where a protected tree is so close to the construction area that construction equipment will infringe on the root system, a system, a protective fencing may be required between the tree and the construction activity. D. Bark Protection. In situations where a protected tree remains in the immediate area of intended construction, the tree shall be protected by enclosing the entire circumference of the tree with 2- x 4- lumber encircled with wire or other means that do not damage the tree. This will protect the bark of the tree against incidental contact by large construction equipment. 4.3 Prohibited Activities Adjacent to Trees The following activities shall be prohibited within the limits of the critical root zone of any protected tree subject to the requirements of this ordinance. A. Material ~torage. No materials intended for use in construction, or waste materials accumulated due to excavation or demolition, shall be placed within the limits of the critical root zone of any protected tree. B. Equipment CJeaninglliquid Disposal. No equipment shall be cleaned, or other materials or liquids deposited or allowed to flow over land, within the limits of the critical root zone of a protected tree. This includes, without limitation, paint, oil, solvents, asphalt, concrete, mortar or similar materials. C. Tree Attachments. No signs, wires, or other attachments other than those of a protective nature shall be attached to any protected tree. Page 4 . . . LAND USE AD-HOC DRAFT Ci,. 01 I'CotIh R;.,....... llill. TRÉF. PRESER\':\TIO~ D. Vehicular Traffic. No vehicular and/or construction equipment traffic or parking shall take place within the limits of the critical root zone of any protected tree other than on an existing paved street or parking lot. This restriction does not apply to single incident access within the critical root zone for purposes of clearing underbrush, establishing the building pad and associated lot grading, vehicular traffic necessary for routine utility maintenance or emergency restoration of utility service or routine mowing operations. E. Grade Changes. No grade changes in excess of two inches (2-) (cut or fill) shall be aJlowed within the limits of the critical root zone of any protected tree unless adequate construction methods are utilized which have been approved by the Building Official. F. Impervious Paving. No paving with asphalt, concrete or other impervious materials in a manner which may reasonably be expected to kill a tree shall be placed within the limits of the critical root zone of a protected tree except as otherwise allowed in this ordinance. 4.4 Permanent Construction Methods A. Boring. Boring of utilities under protected trees may be required in certain circumstances. When required, the length of the bore shall be at a minimum of the width of the critical root zone, and shall be at a minimum depth of forty-eight inches (48-). B. Grade Change. Grade changes within the critical root zone of a protected tree should not exceed two inches (r). If more than 25% of the critical root zone is disturbed by trenching or a grade change greater than 2 inches, the applicant may be required to prune that root zone or tree canopy in accordance with industry standards, or take some other mitigative measure to help preserve the health of the tree. C. Trenching. All trenching shall be designed to avoid crossing the critical root zone of any protected tree. D. Root Pruning. It is recommended that al/ roots two inches (2-) or larger in diameter which are" exposed as a result of trenching or other excavation, shall be cut off square with a sharp, medium tooth saw and covered with pruning compound within 2 hours of initial exposure. 4.5 Preserved Tree Criteria A protected tree shall be considered to be preserved only if a minimum of 75% of the critical root zone is maintained at undisturbed natural grade and no more than 25% of the canopy is removed due to building encroachment. J-.y 12.1999 Page 5 LAND USE AD-HOC DRAFT Cit, 01 Nerth RïcW..I "ill. TREE PRESER\".-\T10~ SECTION 5 TREE PRUNING RESTRICTIONS . 5.1 General No protected tree shall be pruned in a manner which significantly disfigures the tree or in a manner which would reasonably lead to the death of the tree. 5.2 Permit Requirements All franchise utility companies shall be required to maintain a set of pruning specifications (updated annually) at the City to be followed by all pruning contractors working for the company within the City. Prior to beginning any pruning not requested by the owner of the tree, the contractor shall submit to the City an application for a pruning permit for approval. 5.3 Allowed Pruning A. Pruning for Construction. The Building Official may approve pruning of a protected tree in cases where a protected tree must be pruned to remove branches broken during the course of construction, or where protected trees must be strategically pruned to allow construction of a structure. When allowed, all pruning shall be in accordance with approved arboricultural techniques. . B. Normal Maintenance. Normal pruning required to promote tree health and vitality is permitted provided, however, that such pruning does not remove greater than 10% of the tree mass. 5.4 Required Pruning The owners of any tree adjacent to a public R.O.W. shall be required to maintain a minimum clearance of twelve feet (12') above the traveled surface or curb of a public street or open space trail. The City shall also have the right to prune trees overhanging the public R.O.W. as necessary to preserve the public safety. SECTION 6 TREE PLANTING RESTRICTION 6.1 Overhead lines Replacement trees shan not be planted in a location where the mature canopy of the tree will interfere with overhead utility lines. 6.2 Fire Hydrants No trees shall be planted within ten feet (10') of a fire hydrant. . JMUary 12. 1999 Page 6 LAND USE AD-HOC DRAFT City ,,( Neodo RieWeoooI Ifill. TREE PRESER"ATlO~ SECTION 7 TREE REMOVAL PERMIT REVIEW AND APPROVAL PROCESS . 7 . 1 Submittal Requirements A. Tree Removal Permit. A request for a Tree Removal Permit must be submitted and approved prior to the removal of any protected tree in the City unless the tree is exempt under a provision of this ordinance. The application shall be made by the property owner in conjunction with a registered landscape architect or surveyor. or a certified nurseryman or arborlst. B. Tree Removal Appfacation. All request for Tree Removal Permits must be accompanied by a Tree Removal Application and a graphic exhibit showing at least the following items. 1. Appropriate title (i.e. Tree Removal Permit Exhibit); 2. Title block includes street address. lot and block. subdivision name. city and date of preparation; 3. North arrow. graphic and written scale in close proximity; 4. Name. address and phone of owner and person preparing the exhibit; . 5. Location of all R.O.W. lines and public easements within 50 feet of the tree proposed for removal; 6. Location of all buildings. structures. pools. parking. and other improvements which are existing or intended on the lot easements within 50 feet of the tree proposed for removal; 7. Areas of proposed cut/fill. and the drainage flow line. if applicable; 8. Limits of construction line shown. if applicable; 9. Location of all protected tree(s) and thicket boundaries within 50 feet of any construction area. with a description of the size and types of trees; 10. The location of all protected trees which are to be removed; 11. Caliper (4.5 feet from ground). Latin and common name of tree to be removed; and 1 2. Location of any required replacement trees shown with caliper size and common name of tree. These requirements may be modified by the Building Official as needed to administer this ordinance. An aerial photograph may be allowed if it clearly meets these requirements. . J_-v 12. 1999 Page? LAND USE AD-HOC DRAFT 0.,. '" HeftJo RïcW-d Hill. TREE PR£SER'-.UIO:" 7.2 Authority for Review . Upon receipt of the permit application, the Building Official, based on a recommendation of the City's Landscape Architect, may take one of the following actions: A. Deferral of Decision. The Building Official may defer the approval of a tree removal permit to the Planning and Zoning commission for any reason. All decisions made by the Commission shall be final. B. Approval. The Building Official shall issue a Tree Removal Permit if it is determined that: 1 . The tree constitutes a hazard to life or property which cannot be reasonably mitigated without removing the tree; or 2. The tree is dying. dead, or diseased to the point that restoration is not practical; or 3. All reasonable efforts have been made to avoid removing the tree for the development and removal cannot be avoided. C. Refusal. The Building Official shall deny a Tree Removal Permit if it is determined that: . 1 . Removal of the tree is not reasonably required in order to conduct anticipated activities; or 2. A reasonable accommodation can be made to preserve the tree. 7.3 Appeal of Decision Any decision made by the Building Official may be appealed to the Planning and Zoning Commission. All decisions made by the Commission shall be final. 7.4 Permit Expiration Tree Removal Permits for tree removal issued in connection with a Building Permit or Site Plan shall be valid for the periOd of that Building Permit's or Site Plan's validity. Permit(s) for tree removal not issued in connection with a Building Permit or a Site Plan shall become void one hundred eighty (180) days after the issue date on the permit. . January 12. 1999 P-ae8 LAND USE AD-HOC DRAFT Cit. ol North RidoIeood Ifill, TREE PRESER V.-\ TIO~ SECTION 8 ENFORCEMENT .0 8.1 Developers Agreement All developer's agreements shall state that all construction activities shall meet the requirements of the tree preservation ordinance. 8.2 Construction Permits Prior to issuance of a permit to do site work, a Tree Survey, a Tree Protection Plan and a Landscape Plan for the development, shall be approved. These plans may be combined on one or more drawings. 8.3 Building Permit No Building Permit shall be issued unless the applicant signs an application or permit request, or a statement, that binds the applicant to ensuring that all construction activities shall meet the requirements of the tree preservation ordinance. The Building Official shall make a copy of the Tree Preservation Ordinance and other relevant City policies available to the applicant. 8.4 Acceptance of Improvements No acceptance of public improvements shall be authorized until all fines for violations of this ordinance have been paid to the City or otherwise disposed of through the Municipal Court. . 8.5 Certificate of Occupancy No Certificate of Occupancy (C.O) shall be issued until all fines for violations of this ordinance have been paid to the City or otherwise disposed of through the Municipal Court. 8.6 Enforcement - Failure to comply with this Article will constitute a violation of this code and subject to the provisions of Article XV -Enforcement.. . J_aty 12. 1999 Page 9 . . - CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION SEPTEMBER 20, 1999 - 6:00pm AGENDA The City Council of the City of North Richland Hills will hold a work session on Monday, September 20, 1999 at 6:00 p.m. at the North Richland Hills City Hall in the Pre-Council Room, 7301 Northeast Loop 820, North Richland Hills, Texas. AGENDA: 1. Call to Order 2. Review and Discussion of Draft Copy of Tree Preservation Ordinance 3. Adjournment · e e e INFORMAL REPORT TO MAYOR AND CITY COUNCIL No.lR 99-203 ~ Date: September 13, 1999 SubjectR· d D· . f D ft C f T P . d· eVlew an ISCUSSlon 0 ra opy 0 ree reservation Or Inance Please find attached a draft tree preservation ordinance. This is the first draft of the ordinance based on feedback Staff received from the survey and from the limited discussion at the August 23, 1999 Pre-Council Meeting. Staff carefully reviewed the Land Use Ad Hoc Committee's draft tree preservation ordinance and used it as base for the proposed ordinance in your packet. Staff is still soliciting input from various City Departments and will be soliciting input from other Boards such as the Planning and Zoning Commission and the Economic Development Advisory Committee. Staff will be requesting additional feedback from the development community after City Council's initial review. The development of the proposed tree preservation ordinance was based on City Council's direction from the survey, Council's goal for quality development and to not create an ordinance punitive to new development. The draft was written with the intent of being logical, easily understood and enforceable by City Staff. Your comments and recommended additions and deletions will be greatly appreciated. Staffs desire it to give City Council the opportunity to consider and adopt the best tree preservation ordinance for the City of North Richland Hills. Attached also is a list of requirements included in the ordinance based on responses from Council's survey on tree preservation, a chart listing the differences between the proposed draft and the Land Use Ad Hoc Committee's draft and a chart outlining the differences between ordinances from Grapevine, Southlake, Keller, Colleyville and the proposed North Richland Hills Ordinance. Respectfully submitted, !~ff Plan:~~~I:~ctor L\Cases\Staff Reøorts\lR 99-203 Old Tree PreseMItion 9-13-99.doc 10:07 AM œJ09I99 ISSUED BY THE CITY MANAGER NORTH RICH LAND HillS, TEXAS ~ e PLANNING STAFF DRAFT City of North Richland Hills ARTICLE 12 TREE PRESERVATION SECTION 100 PURPOSE AND INTENT The purpose of this Article is to encourage the preservation of mature trees and natural areas, to preserve protected trees during construction, and to provide for the removal of protected trees when necessary. It is the intention of the City to: · Prohibit the indiscriminate clearing of property, · Protect and increase the value of residential and commercial properties within the City, · Maintain and enhance a positive image for the attraction of new businesses and residents to the City, · Protect healthy mature trees and promote the natural ecological, environmental and aesthetic qualities of the City. SECTION 200 DEFINITIONS A. GENERAL RULES: For the purpose of this ordinance, the following rules shall be applied in constructing, interpreting or otherwise defining the terms and provisions hereof: e 1 . Words used in the present tense shall include the future, words used in the singular number shall include the plural number and words used in the plural shall include the singular. 2. The word "shall is mandatory and the word "may" is permissive. B. DEFINITIONS: The following definitions shall apply to this article. Words and terms used in this article, but not defined in this article shall have the meaning ascribed thereto in the Zoning Ordinance, Landscape Ordinance or other ordinances of the City. Words and terms defined in two ordinances shall be read in harmony unless there exists an irreconcilable conflict in which case the definition contained in this ordinance shall control. 1. BUILDABLE AREA: That portion of a building site exclusive of the required yard areas on which a structure or building improvements may be erected and including the actual structure, driveway, parking lot, pool and other construction as shown on a site plan. 2. BUILDING PAD: The actual foundation area of a building and a reasonable area around the foundation necessary for construction and grade transitions. e 3. CLEAR-CUTTING: The removal of all trees or a significant majority of the trees within an area of land. Tree Preservation Ordinance III 10:04 AM 09/08/99 Page 1 of 10 e PLANNING STAFF DRAFT 4. CRITICAL ROOT ZONE: 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. 5. CUT/FILL: Areas where the natural ground level has been excavated (cut) or fill brought in. 6. DRIP LINE: A vertical line run through the outermost portion of the canopy of a tree and extending to the ground. 7. LIMITS OF CONSTRUCTION: A delineation on the graphic exhibit, which shows the boundary of the area within which all construction activity will occur. 8. PERSON: Any corporation, partnership, association or other artificial entity; or any individual; or any agent or employee of the foregoing. 9. PROTECTIVE FENCING: Snow fencing, chain link fence, barbed wire fence, orange vinyl construction fencing or other similar fencing with a four foot (4') approximate height. e 10. PROTECTED TREE: Any self-supporting woody perennial plant which has a caliper of four (4) inches or more when measure at a point of four and one-half (4.5) feet above ground level and which normally attains an overall height of at least fifteen (15) feet at maturity, usually with one (1) main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oaks. 11. SELECTIVE THINNING: The removal of selected trees from within a densely forested area. 12. YARD AREA: The front, side and rear yard areas as required under the Comprehensive Zoning Ordinance and the zoning district requirements applicable thereto. SECTION 300 APPLICABILITY A. The terms and provisions of this article shall apply to real property as follows: _ ~ ,~ SVlBÐ!1 \S~N <; ^"- f'T 2. UT1 o,(~_ u- >-' ~ 1. All vacant and undeveloped property. ~:.:X,U"1 U-(-' ING- )) -¡ HL P/~L.I,N ~X:("uV'r\fT AN I I ., r 2. All property to be redeveloped, including additions and alterations. 3. All easements and rights-of-way, except those included in a plat approved by City Council shall meet the terms and provisions of this article. - 4. The yard areas of all develepoEt propertY, --'»Ecluåing de'¡eloped and ownet'- occupied single family residential property. Tree Preservation Ordinance III 10:04 AM 09/08/99 Page 2 of 10 PLANNING STAFF DRAFT B. Protected Trees e 1. A "protected tree" is any tree that has a trunk caliper of four (4) inches or more, as measured four and one half (4.5) feet above natural grade level. 2. Protected Trees shall not include the following species: Bois d'Arc - (Maclura Pomifera Female Only) Cottonwood - (Populus Deltoides) Chinaberry - (Melia Azeoarach) Deodar Cedar - (Cedrus deodara) Hackberry - (Celtis Occidentalis Laevigata) Honeylocust - (Gleditsia triacanthos) Japanese Black Pine - (Pinus thunbergil) Mesquite - (Prosopis glandulosa) Mimosa - (Alibizzia Julibrissen) Mulberry (Morus Alba) Tree of Heaven - (Ailanthus Altissima) Black Willow - (Salix Nigra) SECTION 400 TREE REMOVAL AUTHORIZATION REQUIRED A. A Tree Removal Authorization shall be required when protected trees are requested to be removed. No person, directly or indirectly, shall cut down, destroy, move or remove, or effectively destroy through damaging, any protected tree situated on private or public property regulated by this ordinance without first obtaining a Tree- Removal Authorization unless the conditions of Section 500 apply. e 1. Clear..cutting: The clear-cutting of land as defined in this ordinance is prohibited. -- /CL~~\ \\I&- ~\\C<...I? \) tor- \N "\() ~ 2. Selective "'hinning: The removal òf selected trees from within a densely forested area when done in a professionally accepted manner shall be allowed as a single permit upon approval by the Parks and Recreation Department. Approval will only be granted when the Parks and Recreation Department determines that the selective thinning is being done in a manner that would enhance the environment and likelihood of survival for the remaining tree&..- /;2 ¿ ~ ¡4? J/ C .?~.J.7"~c5()/ ð..N SECTION 500 TREE REMOVAL A. No tree or trees shall be removed prior to issuance of a building permit unless one of the following conditions exist. The burden of proof as a qualified exception is upon the remover of the tree. It is highly recommended that qualification as an exception be determined by the Building Official prior to removal of the tree. 1. Any tree located in a new single family residential subdivision with two lots or less. e 2. Any tree located within street rights-of-way, utility or drainage easements as recorded on a plat approved by City Council. In the event that certain trees outside the above areas or trees based partially outside the easement or right- of-way are requested to be removed to allow the operation of equipment, the applicant shall submit a recorded plat, and a site plan which indicates the exact Tree Preservation Ordinance III 10:04 AM 09/08/99 Page 3 of 10 PLANNING STAFF DRAFT e operation area needed. The Building Official or his designee may approve selected removal under this condition. 3. The tree is diseased, injured, in danger of falling, interferes with utility service, creates unsafe vision clearance, or conflicts with other ordinances Of regulations and immediate removal is required. 4. Any tree that has disrupted a public utility service due to a tornado, storm, flood or other act of God. Removal shall be limited to the portion of the tree reasonably necessary to reestablish and maintain reliable utility service. 5. Landscape Nursery. All licensed plant or tree nurseries shall be exempt from the tree protection and replacement requirements and from the tree removal provision only in relation to those trees planted and growing on the premises of said licensee which are so planted and growing for the sale or intended sale to the general public in the ordinary course of said licensee's business. This may also apply to a nursery established and so designated by a developer of a large project within the City, where trees are intended for landscaping future phases of such larger project. B. Upon issuance of a building permit, the developer shall be allowed to remove trees located in the approved buildable area of the property. Trees located in required yard areas, buffers and open space area shall be maintained. The buildable area shall extend five feet from such areas to allow for the normal operation of construction equipment. e SECTION 600 AUTHORIZATION REVIEW AND APPROVAL PROCESS A. AUTHORITY FOR REVIEW: The Building Official or his designee shall be responsible for the review and approval of all requests for Tree Removal Authorizations submitted in accordance with the requirements specified herein. Upon receipt of a completed application, the Building Official, may take one of the following actions: <ò~ 0(.< C-/ ~~/ f+'Z- 1. DEFERRAL OF DECISION! The Building Official may defer the approval of a tree removal authorization to the Planning and Zoning Commission for any reason. All decisions made by the Commission shall be final. 2. APPROVAL: The Building Official shall issue a Tree Removal Authorization if it is determined that: a. The tree constitutes a hazard to life or property which cannot be reasonably mitigated without removing the tree; or b. The tree is dying, dead, or diseased to the point that restoration is not practical; or e c. All reasonable efforts have been made to avoid removing the tree for the development and removal cannot be avoided. Tree Preservation Ordinance III 10:04 AM 09/08/99 Page 4 of 10 e e e PLANNING STAFF DRAFT 3. REFUSAL: The Building Official shall deny a Tree Removal Authorization Application if it is determined that; a. Removal of the tree is not reasonably required in order to conduct anticipated activities; or b. A reasonable accommodation can be made to preserve the tree. 4. APPEAL OF DECISION: Any decision made by the Building Official may be appealed to the Planning and Zoning Commission. All decisions made by the Commission shall be final. 5. AUTHORIZATION EXPIRATION: Tree Removal Authorization issued in connection with a Building Permit or Site Plan shall be valid for the period of that Building Permit's or Site Plan's validity. A Tree Removal Authorization not issued in connection with a Building Permit or a Site Plan shall become void one hundred eighty (180) days after the date of the approval. B. TREE REMOVAL AUTHORIZATION APPLICATION 1. Tree Removal Authorization. A request for Tree Removal Authorization must be submitted and approved prior to the removal of any protected tree in the City unless the tree is exempt under a provision of this ordinance. 2. Tree Removal Authorization Application. The application shall be made by the property owner in conjunction with a registered landscape architect, certified nurseryman, arborist, registered engineer or registered professional land surveyor. A graphic exhibit shall be provided showing at least the following items: a. Appropriate title (i.e. Tree Removal Authorization Exhibit); b. Title block includes street address, lot and block, subdivision name, city and date of preparation; c. North arrow, graphic and written scale in close proximity; d. Scale at a size no larger than 1 inch equals 200 feet (i.e. 1 inch equals 100 feet OK) e. Name, address and phone of owner(s) and person(s) preparing the exhibit; f. Location of all R.O.W. lines and public easements; g. Location of all buildings, structures, pools, parking, and other improvements which are existing or intended on the lot; Tree Preservation Ordinance III 10:04 AM 09/08/99 Page 5 of 10 e e PLANNING STAFF DRAFT h. Areas of proposed cut/fill with amount of each shown, and the drainage flow line, if applicable; I. Existing and proposed spot elevation, grades and major contours, along with existing landscaping, streams, ponds and major natural features. J. Limits of construction line shown, if applicable; k. Location of all protected tree(s) and thicket boundaries within 50 feet of any construction area that are to remain, with a description of the size and types of trees, such trees shall be designated by a circle; I. The location of all protected trees which are to be removed, such trees shall be designated by a triangle; m. Note on the graphic exhibit the caliper size (4.5 feet from ground), the Latin and common name of tree to be removed; and n. Location of any required replacement trees shown with caliper size and common name of tree found from the list of approved trees in the Landscaping Regulations. These requirements may be modified by the Building Official as needed to administer this ordinance. An aerial photograph may be allowed if it includes all of the above items on a transparency at the same scale as the photo. SECTION 700 TREE REPLACEMENT REQUIREMENTS A. TREE REPLACEMENT: In the event that a Tree Removal Authorization is granted, the applica~all replace the protected trees being removed with trees listed in the ~ fl s.~pproved ~ist in the Landscape Regulations. A sufficient number of trees shall be planted to equal, in caliper, the diameter of the tree removed. Replacement trees shall be a minimum of 2" caliper measured 12 inches from the ground and seven (7) feet in height when planted. e B. REPLACEMENT PROCEDURES: Replacement trees shall be located on the subject site whenever possible. However, if this is not feasible, the Building Official has the authority to allow the planting to take place within the ri9.-ht-of-way or on another property. Such cement shall occur at the time of landscaping of newly developed property r anytime the event of removal after the property has been developed. G~~ ~~'l., RE-FORESTATION FUND: If approved by the Building Official, or the Planning and Zoning Commission, the applicant, in lieu of compliance with this Article, may make a payment into the Re-forestation Fund, which shall be a special account administered by the City Parks and Recreation Department. The funds shall be used only for purchasing, planting and maintaining trees on public property, or for acquiring and preserving wooded property. The amount of payment required shall C. Tree Preservation Ordinance III 10:04 AM 09/08/99 Page 6 of 10 PLANNING STAFF DRAFT e be calculated based on an average of three current market prices for the cost of acquiring, planting and maintaining a tree(s) equal in caliper to the trees to be removed for a period of one year. Two prices will be provided by the applicant and the City will provide one price. SECTION 800 TREE PROTECTION A. PRIOR TO CONSTRUCTION: The following procedures shall be followed on all types of construction projects (i.e. residential subdivisions, commercial, multi family, industrial developments, residential builders and municipal/public). It is the responsibility of the developer and his subcontractors to take the appropriate action to preserve all protected trees during all phases of construction. 1. TREE FLAGGING: All protected trees on the subject property within fifty feet (50') of a construction area or surface improvements such as driveways and walks, shall be flagged with bright fluorescent orange vinyl tape wrapped around the main trunk at a height of 4 feet or more, such that the tape is very visible to workers operating construction equipment. e 2. OPEN SPACE FLAGGING: All trees or groups of trees within areas intended to be saved as open space shall be enclosed with fluorescent orange tape along all areas of possible access or intrusion by construction equipment. Tape shall be supported at a minimum of twenty-five (25') foot intervals by wrapping trees or utilizing another approved method. Single incident access for the purposes of clearing underbrush is allowed. 3. PROTECTIVE FENCING: In those situations where a protected tree is so close to the construction area that construction equipment will infringe on the root system, a system of protective fencing may be required between the tree and the construction activity. 4. BARK PROTECTION: In situations where a protected tree remains in the immediate area of intended construction, the tree shall be protected by enclosing the entire circumference of the tree with 2 inch x 4 inch lumber encircle with wire or other means that do not damage the tree. This will protect the bark of the tree against incidental contact by large construction equipment. B. PROHIBITED ACTIVITIES ADJACENT TO TREES: The following activities shall be prohibited within the limits of the critical root zone of any protected tree subject to the requirements of the ordinance 1. MATERIAL STORAGE: No materials intended for use in construction, or waste materials accumulated due to excavation or demolition, shall be placed under the canopy of any protected tree. e 2. EQUIPMENT CLEANING/LIQUID DISPOSAL. No equipment shall be cleaned, or other materials or liquids deposited or allowed to flow over land, within the Tree Preservation Ordinance III 10:04 AM 09/08/99 Page 7 of 10 e ------. e B. PLANNING STAFF DRAFT limits of the canopy of a protected tree. This includes, without limitation, paint. oil, solvents, asphalt, concrete, mortar or similar materials. 3. TREE ATTACHMENTS. No signs, wires, or other attachments other than those of a protective nature shall be attached to any protected tree. 4. VEHICULAR TRAFFIC. No vehicular and/or construction equipment traffic or parking shall take place within the limits of the canopy of any protected tree other than on an existing paved street or parking lot. This restriction does not apply to single incident access within the critical root zone for purposes of clearing underbrush, establishing the building pad and associated lot grading, vehicular traffic necessary for routine . ity maintenance or emergency restoration of utility service or routin movin perations. 5. GRADE CHANGES: No grade changes in excess of two inches (2") (cut or fill) shall be allowed within the limits of the critical root zone of any protected tree unless adequate construction methods are utilized which have been approved by the Building Official. 6. IMPERVIOUS PAVING: No paving with asphalt, concrete or other impervious materials in a manner which may reasonable by expected to kill a tree shall be placed within the limits of the critical root zone of a protected tree except as otherwise allowed in this ordinance. PRESERVED TREE CRITERIA: A protected tree shall be considered preserved only if a minimum of 75% of the critical root zone is maintained at undisturbed natural grade and no more than 25% of the canopy is removed due to building encroachment. SECTION 900 TREE PRUNING RESTRICTIONS A. GENERAL: Normal pruning required to promote tree health and vitality is permitted. No protected tree shall be pruned in a manner, which would reasonably lead to the death of the tree. B. REQUIRED PRUNING: The owners of any tree adjacent to a public right of way (R.O.W.) shall be required to maintain a minimum clearance of fourteen feet (14') above the traveled surface or curb of a public street or open space trail. The City shall also have the right to prune trees overhanging the public R.O.W. as necessary to preserve the public safety. C. e ALLOWED PRUNING: The Building Official may approve pruning of a protected tree in cases where protected trees must be strategically pruned to allow construction or demolition of a structure. When allowed, all pruning shall be in accordance with Section 400. B above, approved arboricultural techniques and the recommendation of Appendix "A". This section is not intended to require a tree removal authorization for reasonable pruning performed or contracted to be performed by the owner of the tree when unrelated to construction activity. Tree Preservation Ordinance III 10:04 AM 09/08/99 Page 8 of 10 PLANNING STAFF DRAFT D. TREE TOPPING: It shall be unlawful as a normal practice for any person, firm, or city department to top any tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the Building Official. e SECTION 1000 TREE PLANTING RESTRICTION A. OVERHEAD LINES: Replacement trees shall not be planted in a location where the natural canopy of the tree will interfere with overhead utility lines. B. UNDERGROUND UTILITIES: Any required replacement trees or street trees shall not be planted within an area such that the mature root zone of the tree will interfere with underground public utilities lines (including water lines, sewer lines, transmission lines or other utilities. No trees shall be planted within ten feet (10') of a fire hydrant. C. VISIBILITY TRIANGLE: No trees shall be planted in the visibility triangle as defined in the approved Landscaping Regulations. SECTION 1100 ENFORCEMENT e A. DEVELOPERS AGREEMENT: All developer's agreements shall state that all construction activities shall meet the requirements of the Tree Preservation Ordinance. B. CONSTRUCTION PERMITS: Prior to issuance of a permit to do any site work, a tree survey of the development shall be submitted to the Building Official. C. BUILDING PERMIT: No Building Permit shall be issued unless the applicant signs a statement, that binds the applicant to ensuring that all construction activities shall meet the requirements of the Tree Preservation Ordinance. The Building Official shall make a copy of the Tree Preservation Ordinance and other relevant City policies available to the applicant. D. ACCEPTANCE OF IMPROVEMENTS: No acceptance of public improvements shall be authorized until all fines for violations of this ordinance have been paid to the City or otherwise disposed of through the Municipal Court. e E. CERTIFICATE OF OCCUPANCY: No Certificate of Occupancy (C.O.) shall be issued until all fines for violations of this ordinance have been paid to the City or otherwise disposed of through the Municipal Court. F. ENFORCEMENT: Any person, firm, corporation, agent, or employee thereof who violates any provision of this ordinance shall be guilty of a misdemeanor, and upon final conviction thereof shall be fined an amount not to exceed five hundred dollars Tree Preservation Ordinance III 10:04 AM 09/08/99 -.....f.- Page 9 of 10 / (2 Sf ¿fì f.!éJIYY~ÑÌ' e - PLANNING STAFF DRAFT ($500) for each incident. The unlawful injury, destruction, or removal of each protected tree shall be considered a separate incident. e Tree PreselVation Ordinance III 10:04 AM 09/08/99 Page 10 of 10 Based on the Survey completed by City Council the Tree Preservation Ordinance includes: e ~ A protected tree has a 4 inch caliper at 4.5 feet about ground. Trees less than 4 inches at 4.5 feet above ground are considered shrubs and can be removed as a matter of right. ~ There is a list of trees included in the ordinance that no matter what size they are they are not protected and can be removed as a matter of right. ~ The proposed Tree Preservation Ordinance applies to all new development including single family residential, multi family, commercial and industrial developments. ~ The proposed Tree Preservation Ordinance does not apply to owner occupied single family residences. ~ Approval of a tree removal authorization application is required to removed any protected tree located outside of the buildable area (building area plus paved areas). ~ A tree survey is required to be submitted before any construction or preliminary site work is allowed. e ~ Illegal removal of a protected tree without a tree removal application approval will result in a fine that is $500 per tree or incident. e \\NRH_CITY_HALL\VOL 1\DATA\PZ\Cases\Staff Reports\IR 99-203 Old Tree Preservation 9-13-99.doc 10:02 AM 09/08199 Sec. Staff Proposed Draft Sec. LUAHC Draft ¡ 200 List of definitions None 300 Expanded applicability section for 2 N/A I clarification I 300 12 species "not protected list" 2.1A Lists only 6 species "not protected" I : 400 Better defined when a Tree 2 N/A Removal Authorization is required. Renamed application from Tree Removal Permit 500 Eliminate applications for trees in 2.2 Require a removal permit for all recorded easements and ROW. public or private properties, Do not require other utility including ROW., public easements, franchises to get a permit to franchises and utility easements remove trees in easements. 500B Defined specifically what trees are None authorized to be removed with a building permit (buildable area) 500B Allow 5' outside of buildable area None to allow for construction equipment 600 Building Official approves Tree 7.2 Building Official approve permit Removal Authorization base on recommendation from the City's Landscape Architect 700 Replacement Trees 2" caliper 1 3 Replacement Tree 3" caliper 1 foot foot above ground & min 7' in above ground & min 10' in height height. (Same as Landscaping Ordinance Requirement) 700 Re-Forestation Fund administered 3.3 Re-Forestation Fund administered by Parks and Recreation by the City. Department. 800 Do not require a tree protection 4 Requires a Tree Protection Plan plan or landscape plan with and a Landscape Plan to be construction plans submittal. State submitted with construction plans. what measures are necessary to protect a tree. Burden on developer. Landscape Plan is submitted at time of building permit. 900 Eliminated requiring franchise 5.2 Require all franchise utility utility companies from submitting companies to submit pruning applications for tree removal. specifications and applications when necessary. 900 Elaborated on approved and 5.2 Defined normal pruning Differences between Drafts: e e e \\NRH_CITY _HALL\VOL 1\DATA\PZ\Cases\Staff Reports\lR 99-203 Old Tree Preservation 9-13-99.doc . 10:02 AM 09108199 ---- required pruning. maintenance to not remove more than 10% of the tree mass. 1000 Elaborated on tree planting in 6 Only address limitations next to fire e public utility easements. hydrants. 1100 Enforcement - violation fee of 8.6 Enforcement - violation fee was not $500 per incident. developed. e e \\NRH_CITY _HALL\VOL 1\DATA\PZ\Cases\Staff Reports\lR 99-203 Old Tree Preservation 9-13-99.doc 10:02 AM 09/08/99 e e e Comparison of Tree Preservation Ordinances NRH Grapevine S.lake Keller Colleyville Caliper of Protected Tree 4" 3" 2" to 6"* 2" to 6"* 3" Caliper of Replacement Tree 2" 3" 3" 3" 3" Applies to Owner Occupied NO NO NO NO NO Single-Family Lots Applies to Trees in Building NO NO NO NO NO Pad Area Tree Survey Required with YES YES YES YES YES* Application Amount of Penalty $500 Determined $500 $500 $100 per inch per tree byPZ + Replacement More or Less Strict Less More More More More · Keller and South lake require protection of "understory trees" with a caliper of 2" or more and "quality trees" with a caliper of 6" or more. · Colleyville requires an aerial photo with all tree removal applications and a complete tree survey if deemed necessary by the Director of Community Development. \\NRH_CITY_HALL\VOL 1\DATA\PZ\Cases\Staff Reports\IR 99-203 Old Tree Preservation 9-13-99.doc 10:02 AM 09/08199 · . / . e e e LAND USE AD-HOC DRAFT City ,,¡ /IIeod, II........ Hill. TREE PRfSERHTJO:\" City of North Richland Hills TREE PRESERVATION SECTION 1 PURPOSE AND INTENT The purpose of this Article is to encourage the preservation of mature trees and natural areas, to preserve protected trees during construction, and to provide for the removal of protected trees when necessary. tt is the intention of the Town to: · Prohibit the indiscriminate clearing of property, · Protect and increase the value of residential and commercial properties within the City, · Maintain and enhance a positive image for the attraction of new businesses and residents to the City, · Protect healthy mature trees and promote the natural ecological, environmental and aesthetic qualities of the City, and SECTION 2 APPLICABILITY 2.1 Protected Trees A. A "protected trees" is any tree that has a trunk caliper of four (4) inches or more, as measured four and one half (4.5) feet above natural grade level. and is not one of the following species: 1. Ailanthus Altissima (Tree of Heaven) 2. Alibizzia Julibrissen (Mimosa) 3. Maclura Pomifera (Female Only) Bois d'Arc 4. Melia Azeoarach (Chinaberry) 5. Salix Nigra (Black Willow) 6. Celtis Occidentalis laevigata (Hackberry) B. A person must not, directly of indirectly, cut down, destroy, move or remove, or effectively destroy through damaging, any protected tree situated on property regulated by this ordinance without first obtaining a tree-removal permit unless otherwise specified in this ordinance. JanuMy 12. 1999 PlIO. 1 LAND USE AD-HOC DRAFT 0.. of Nonh Richl-t IliII. TRÈE PRESER\':\TIO~ 2.2 Properties Requiring a Tree Removal Permit e All public or private properties, including rights-of-ways, public easements, franchises and utility easements, shall be subject to a Tree Removal Permit. 2.3 Exceptions A. Residential Properties. Single family residential is exempt from this Ordinance, however, new subdivisions with 2 or more lots are not exempt from this provisions B. Identified on an Approved Landscape Plan. A Tree Removal permit shall not be required for the removal of a protected tree if the protected tree(s) to be removed are shown, and noted as such, on an approved Landscape Plan, and on construction plans approved by the Building Official. C. Public Safety. A Tree Removal Permit shall not be required if a tree endangers the public health, welfare or safety, and immediate removal is required as determined in writing by an official of the City. D. Utirrty Service Disruption. A Tree Removal Permit shall not be required if a tree has disrupted a public utility service due to a tornado, storm, flood or other act of God. Removal shall be limited to the portion of the tree reasonably necessary to reestablish and maintain reliable utility service. e E. Landscape Nursery. All licensed plant of tree nurseries shall be exempt from the tree protection and replacement requirements and from the tree removal permit requirements only in relation to those trees planted and growing on the premises of said licensee which are so planted and growing for the sale or intended sale to the general public in the ordinary course of said licensee's business. This may also apply to a nursery established and so designated by a developer of a large project within the City, where trees are intended for landscaping future phases of such larger project. SECTION 3 TREE REPLACEMENT REQUIREMENTS 3.1 'Replacement Trees In the event that a Tree Removal Permit is granted, the applicant shall replace the protected trees being removed with trees listed in the Approved Plant List. A sufficient number of trees shall be planted to equal, in caliper, the diameter of the tree removed. Replacement trees shall be a minimum of 3" caliper measured 12 inches from the ground, and 10 feet in height when planted. 3.2 Replacement Procedures e Replacement trees shall be located on the subject site whenever possible. However, if this is not feasible, the Building Official has the authority to allow the planting to take place on another property. J-..wv 12. 1999 Page 2 e e e LAND USE AD-HOC DRAFT Cit, ,,¡ N..d. RidoIe.I Hill. TREE PRESER\'..\110:\' 3.3 Re-forestation Fund If approved by the Building Official, the applicant, in lieu of compliance with this Article, may take a payment into the Re-forestation Fund, which shall be a special account administered by the City. The funds shall be used only for purchasing, planting and maintaining trees for a period of one year on public property, or for acquiring and preserving wooded property. The amount of payment required shall be calculated based on current market prices for the cost of acquiring, planting and maintaining a tree(s) for a period of one year. SECTION 4 TREE PROTECTION The following procedures are required to protect all protected trees which have not been approved for removal. 4.1 Construction Plan Requirements In order to ensure that contractors adequately protect trees during construction, the following shall be required as a part of all construction plans submitted to the Town unless determined otherwise by the Building Official. A. Tree Survey and Protection Plan. A Tree Protection Plan shall include the following at a minimum: 1. The graphic exhibits required for a Tree Removal Application as specified in Section 3. 2. A graphics legend to be used throughout the plans for the purposes of showing the following: Trees to be flagged, protective fencing, trees requiring bark protection, boring, and areas of cut and fill impacting protected trees. 3. Graphic tree exhibit showing the tree being removed and being preserved, and the features of those trees, including the critical root zone, trunk, canopy, drip line and caliper. 4. GraphIc exhibits showing methods of protection to include snow fences, boarded skirts, etc. 5. Graphic exhibits showing construction methods of protection to include grade changes, boring, trenching, etc. All requirements of the Tree Preservation Ordinance shall be shown graphically on all applicable sheets within the construction plans. B. Landscape Plan. The Tree Survey and Protection Plan must be accompanied by the Landscape Plan. Januaty 12, 1999 P~.3 e e e J~ary 12. 1999 LAND USE AD-HOC DRAFT Ci.. of NaoIh RidoI..I lIiII. TREE PRESERHTIO:\' 4.2 Prior to Construction Unless otherwise approved in writIng by the Building Official, the following procedures shall be followed on all construction projects: A. Tree Flagging. All protected trees on the subject property within fifty feet (50') of a construction area or surface improvements such as driveways and walks, shall be flagged with bright fluorescent orange vinyl tape wrapped around the main trunk at a height of 4' or more, such that the tape is very visible to workers operating construction equipment. B. Open Space Flagging. All trees or groups of trees within areas intended to be saved as open space shall be enclosed with fluorescent orange tape along all areas of possible access or intrusion by construction equipment. Tape shall be supported at a minimum of twenty-five (25') intervals by wrapping trees or utilizing another approved method. Single incident access for the purposes of clearing underbrush is allowed. C. Protective Fencing. In those situations where a protected tree is so close to the construction area that construction equipment will infringe on the root system, a system, a protective fencing may be required between the tree and the construction activity. D. Bark Protection. In situations where a protected tree remains in the immediate area of intended construction, the tree shall be protected by enclosing the entire circumference of the tree with 2- x 4- lumber encircled with wire or other means that do not damage the tree. This will protect the bark of the tree against incidental contact by large construction equipment. 4.3 Prohibited Activities Adjacent to Trees The following activities shall be prohibited within the limits of the critical root zone of any protected tree subject to the requirements of this ordinance. A. Material ~torage. No materials intended for use in construction, or waste materials accumulated due to excavation or demolition, shall be placed within the limits of the critical root zone of any protected tree. B. Equipment Cleaninglliquid Disposal. No equipment shall be cleaned, or other materials or liquids deposited or allowed to flow over land, within the limits of the critical root zone of a protected tree. This includes, without limitation, paint. oil, solvents, asphalt, concrete, mortar or similar materials. C. Tree Attachments. No signs, wires, or other attachments other than those of a protective nature shall be attached to any protected tree. Page 4 e e - LAND USE AD-HOC DRAFT Cily ol North Rkhl.... lIiII, TREF. PRESER\':\TIO:,\ D. Vehicular Traffic. No vehicular and/or construction equipment traffic or parking shall take place within the limits of the critical root zone of any protected tree other than on an existing paved street or parking lot. This restriction does not apply to single incident access within the critical root zone for purposes of clearing underbrush, establishing the building pad and associated lot grading, vehicular traffic necessary for routine utility maintenance or emergency restoration of utility service or routine mowing operations. E. Grade Changes. No grade changes in excess of two inches (2-) (cut or fill) shall be allowed within the limits of the critical root zone of any protected tree unless adequate construction methods are utilized which have been approved by the Building Official. F. Impervious Paving. No paving with asphalt, concrete or other impervious materials in a manner which may reasonably be expected to kill a tree shall be placed within the limits of the critical root zone of a protected tree except as otherwise allowed in this ordinance. 4.4 Permanent Construction Methods A. Boring. Boring of utilities under protected trees may be required in certain circumstances. When required, the length of the bore shall be at a minimum of the width of the critical root zone, and shall be at a minimum depth of forty-eight inches (48-). B. Grade Change. Grade changes within the critical root zone of a protected tree should not exceed two inches (2-). If more than 25% of the critical root zone is disturbed by trenching or a grade change greater than 2 inches. the applicant may be required to prune that root zone or tree canopy in accordance with industry standards, or take some other mitigative measure to help preserve the health of the tree. C. Trenching. All trenching shall be designed to avoid crossing the critical root zone of any protected tree. D. Root Pruning. It is recommended that all roots two inches (2-) or larger in diameter which are exposed as a result of trenching or other excavation, shall be cut off square with a sharp, medium tooth saw and covered with pruning compound within 2 hours of initial exposure. 4.5 Preserved Tree Criteria A protected tree shall be considered to be preserved only if a minimum of 75% of the critical root zone is maintained at undisturbed natural grade and no more than 25% of the canopy is removed due to building encroachment. January 12. 1999 PageS e e - LAND USE AD-HOC DRAFT Ci., 01 Nenh Riehl.. lIiII. TREE PRESER\":\TIO~ SECTION 5 TREE PRUNING RESTRICTIONS 5.1 General No protected tree shall be pruned in a manner which significantly disfigures the tree or in a manner which would reasonably lead to the death of the tree. 5.2 Permit Requirements All franchise utility companies shall be required to maintain a set of pruning specifications (updated annually) at the City to be followed by all pruning contractors working for the company within the City. Prior to beginning any pruning not requested by the owner of the tree, the contractor shall submit to the City an application for a pnJning permit for approval. 5.3 Allowed Pruning A. Pruning for Construction. The Building Official may approve pruning of a protected tree in cases where a protected tree must be pruned to remove branches broken during the course of construction, or where protected trees must be strategically pruned to allow construction of a structure. When allowed, all pruning shall be in accordance with approved arboricultural techniques. B. Normal Maintenance. Normal pruning required to promote tree health and vitality is permitted provided, however, that such pruning does not remove greater than 10% of the tree mass. 5.4 Required Pruning The owners of any tree adjacent to a public R.O. W. shall be required to maintain a minimum clearance of twelve feet (12') above the traveled surface or curb of a public street or open space trail. The City shall also have the right to prune trees overhanging the public R.O.W. as necessary to preserve the public safety. SECTION 6 TREE PLANTING RESTRICTION 6.1 Overhead lines Replacement trees shall not be planted in a location where the mature canopy of the tree will interfere with overhead utility lines. 6.2 Fire Hydrants No trees shall be planted within ten feet (101 of a fire hydrant. January 1 2. 1999 Page 6 LAND USE AD-HOC DRAFT a'r'" N.,,, Ricw-llliII. TREE PRESER\'ATlO~ e SECTION 7 TREE REMOVAL PERMIT REVIEW AND APPRO V AL PROCESS 7.1 Submittal Requirements A. Tree Removal Permit. A request for a Tree Removal Permit must be submitted and approved prior to the removal of any protected tree in the City unless the tree is exempt under a provision of this ordinance. The application shall be made by the property Owner in conjunction with a registered landscape architect or surveyor, or a certified nurseryman or arborist. B. Tree Removal Application. All request for Tree Removal Permits must be accompanied by a Tree Removal Application and a graphic exhibit showing at least the following items. 1. Appropriate title (i.e. Tree Removal Permit Exhibit); 2. Title block includes street address, lot and block, subdivision name, city and date of preparation; 3. 4. 5. e 6. North arrow, graphic and written scale in close proximity; Name, address and phone of owner and person preparing the exhibit; Location of all R.O.W. lines and public easements within 50 feet of the tree proposed for removal; Location of al/ buildings, structures, pools, parking, and other improvements which are existing or intended on the lot easements within 50 feet of the tree proposed for removal; 7. Areas of proposed cut/fill, and the drainage flow line, if applicable; 8. Umits of construction line shown, if applicable; 9. Location of al/ protected tree(s) and thicket boundaries within 50 feet of any construction area, with a description of the size and types of trees; 10. The location of al/ protected trees which are to be removed; 11. Caliper (4.5 feet from ground), Latin and common name of tree to be removed; and 1 2. Location of any required replacement trees shown with caliper size and common name of tree. These requirements may be modified by the Building Official as needed to administer this ordinance. An aerial photograph may be aI/owed if it clearly meets these requirements. e J_.., 12, 1999 Page 7 - e e e LAND USE AD-HOC DRAFT City '" Nerlh R........ Hill. TREE PRESER\".UIO~ 7.2 Authority for Review Upon receipt of the permit application. the Building Official. based on a recommendation of the City's Landscape Architect. may take one of the following actions: A. Deferral of Decision. The Building Official may defer the approval of a tree removal permit to the Planning and Zoning commission for any reason. All decisions made by the Commission shall be final. B. Approval. The Building Official shall issue a Tree Removal Permit if it is determined that: 1 . The tree constitutes a hazard to life or property which cannot be reasonably mitigated without removing the tree; or 2. The tree is dying. dead. or diseased to the point that restoration is not practical; or 3. All reasonable efforts have been made to avoid removing the tree for the development and removal cannot be avoided. C. Refusal. The Building Official shall deny a Tree Removal Permit if it is determined that: 1 . Removal of the tree is not reasonably required in order to conduct anticipated activities; or 2. A reasonable accommodation can be made to preserve the tree. 7.3 Appeal of Decision Any decision made by the Building Official may be appealed to the Planning and Zoning Commission. All decisions made by the Commission shall be final. 7.4 Permit Expiration Tree Removal Permits for tree removal issued in connection with a Building Permit or Site Plan shall be valid for the period of that Building Permit's or Site Plan's validity. Permit(s) for tree removal not issued in connection with a Building Permit or a Site Plan shall become void one hundred eighty (180) days after the issue date on the permit. Januaty 12. 1999 Page 8 e e .... e LAND USE AD-HOC DRAFT City of N.th Ric:Wand Ifill. TREE PRESER\'HIO\, SECTION 8 ENFORCEMENT 8.1 Developers Agreement All developer's agreements shall state that all construction activities shall meet the requirements of the tree preservation ordinance. 8.2 Construction Permits Prior to issuance of 8 permit to do site work, a Tree Survey, a Tree Protection Plan and 8 Landscape Plan for the development, shall be approved. These plans may be combined on one or more drawings. 8.3 Building Permit No Building Permit shall be issued unless the applicant signs an application or permit request, or a statement, that binds the applicant to ensuring that all construction activities shall meet the requirements of the tree preservation ordinance. The Building Official shall make a copy of the Tree Preservation Ordinance and other relevant City policies available to the applicant. 8.4 Acceptance of Improvements No acceptance of public improvements shall be authorized until all fines for violations of this ordinance have been paid to the City or otherwise disposed of through the Municipal Court. 8.5 Certificate of Occupancy No Certificate of Occupancy (C.O) shall be issued until all fines for violations of this ordinance have been paid to the City or otherwise disposed of through the Municipal Court. 8.6 Enforcement Failure to comply with this Article will constitute a violation of this code and subject to the provisions of Article XV -Enforcement.- Janu..-y 12. 1999 Paoe9 ~. INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 99..210 e ~ v,:'"-.4. i Date: September 20, 1999 Subject: Review and Discussion of Draft Tree Preservation Ordinance Please find attached a copy of the draft tree preservation ordinance that was sent to the City Council at last Monday's regular City Council meeting. This draft ordinance, once again, is based on feedback staff received from the Council survey, as well as some of the limited discussion the Land Use Ad Hoc Committee had during the course of their meetings. As far as the tree preservation ordinance is concerned, we have not made any additional changes in what was distributed last Monday. Staff recognizes that there are a few areas within the ordinance that need better clarification or words to add emphasis so that the city's intent is clearly stated. We also encourage and look forward to City Council's concerns and issues so that those comments can be incorporated in the tree preservation ordinance. e In response to Council inquiry of development costs, is a timeline Attachment "A- outlining four different scenarios from a development standpoint. This outline I timeline gives detailed information on the platting process, zoning change, and what the various fees were for each stage of the process. Attachment "0" addresses the development costs associated with the project. The average development and building permit costs typically runs 1- 2% of the total project. When you look at the various time lines of each scenario there is a wide range of days that it takes to get a project through the process. Attachments -B- and "C" outlines the various state mandated requirements such as notification process for public hearings, as well as the various charter requirements that North Richland Hills has as it relates to platting. Some cities' charters do not require final plats to be heard by City Council. As you can see, even in a perfect world there are 39 days required by state law and City Charter on some development projects. This does not take into consideration review time by both the city and applicant as well as timeframes necessary to distribute agendas. Attachment "C" addresses the timeframe more realistically, incorporating review and agenda preparation time. Each of these development scenarios can differ based on whether the property is platted, has correct zoning, and has any other issues that can require additional time for plat approval. The most common issues resulting in added review time and delays are the obtaining of off-site easements, traffic impact analysis, major drainage issues, etc. During this high peak development period, we are seeing the private engineering firms having difficulty meeting their own schedule for review time and also to make the necessary corrections can take anywhere from 10 to 20 days. I say all this not to defend what the city has done, but more to explain that there are several required steps in the process that are either state mandated or are required by City Charter that can impact the timeline of a project. We are also trying to obtain some cost estimates from land surveyors or other qualified individuals, on the cost of a tree survey on a heavily wooded lot to one that is very sparsely planted with trees. At the work session on Monday night, we will also have some graphic exhibits that better illustrates the intent of what the tree ordinance outlines. These graphics will indicate trees located in the building pad or driveway or maneuvering areas, also the replacement of trees as it relates to drainage easements or cut and fills. If you have any questions or comments, please do not hesitate to contact Marcy Ratcliff or me. e ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ e WALGREEN'S 6984 RUFE SNOW DRIVE LOT 1, BLOCK 1, HIGHTOWER PLAZA Attachment "A" PRELIMINARY PLAT - PS 97-48 DATE FILED 10-06-97 DATE APPROVED 11-13-97 COST Preliminary Plat Fee $ 150.00 ~ Plans returned one time - Engineering had plans from 10-27-97 to 11-03-97 FINAL PLAT - PS 97-53 DATE FILED DATE APPROVED DAYS COST 10-15-97 02-09-98 118 Final Plat Fee $ 206.00 Water Inspection Fee $1950.00 Sewer Inspection Fee $1865.00 Drainage Inspection Fee $1651.00 Total $5672.00 ~ Plans returned one time - Developer had plans from 12-10-97 to 12-22-97 ~ The applicant requested to postpone CC meeting to allow time to get an agreement concerning the control of runoff from the properties surrounding the development ZONING (DISTRICT CHANGE, SUP, PD, SITE PLAN) - Not Applicable e DATE FILED N/A DATE APPROVED COST N/A BUILDING PERMIT - (15,120 sf, Valuation $1,250,000) DATE FILED DATE APPROVED DAYS COST 02-19-98 03-13-98 22 Building Permit $5039.50 Plan Review $3275.67 Electric Permit $ 630.00 Plumbing Permit $ 345.00 Mechanical Permit $ 347.00 Fire Sprinkler $ 286.00 Certificate of Occupancy $ 30.00 Health Permit $ 150.00 Water Meter-DomlTap & $3129.87 Impact Irrigation Mtr-Tap & Impact $1647.44 Fire Check Mtr-Tap $ 360.00 Total $15,240.48 GRAND TOTAL 158 Days $21,062.48 ~ Public Works Pre-Construction Meeting 04124/98 ~ Permit Eligible for Issuance 04124198 ~ Permit Purchased 05-08-98 e K:\PROJECT.doc · e e e ECKERD'S 8950 NORTH TARRANT PARKWAY LOT 1, BLOCK 3, BRENTWOOD ESTATES FINAL PLAT - PS 98-40 (REPLA T) DATE FILED DATE APPROVED DAYS COST 07-31-98 10-26-98 88 Application Fee $ 252.00 Water Inspection Fee $1067.00 Sewer Inspection Fee $ 921.86 Drainage Inspection Fee $ 271.39 Total $2512.25 » Returned for corrections one time - Developer had plans 10-5-98 thru 10-13-98 ZONING (DISTRICT CHANGE, SUP, PD, SITE PLAN) - Not Applicable DATE FILED DATE APPROVED COST N/A N/A BUILDING PERMIT - (11,200 sf, Valuation $1,300,000) DATE FILED DATE APPROVED DAYS COST 9-25-98 2-19-99 147 Building Permit $5139.50 Plan Review $3340.50 Electric Permit $ 301.00 Plumbing Permit $ 288.00 Mechanical Permit $ 257.00 Fire Alarm $ 60.00 Certificate of Occupancy $ 30.00 Health Permit $ 150.00 Water Mtr-DomfTap & $6523.80 Impact Irrigation Mtr- Tap & Impact $4814.80 Total $20,904.60 GRAND TOTAL 203 Days $23,416.85 » Permit not eligible for Issuance until 2-23-99 » Public Works Pre-Constructlon Meeting 2/23/99 » Plan Review letter, 11/3/98 » Plan Review letter, 11/10/98 K:\PROJECT.doc 2 e THE COVENANT PLACE 6155 HOLIDAY LANE LOT 1, BLOCK 1, COVENANT ADDITION PRELIMINARY PLAT - PS 97-30 DATE FILED 6-16-97 $121.50 DATE APPROVED 8-28-97 COST Application Fee » Returned for corrections one time - Developer had plans 7-15-97 to 8-4-97. FINAL PLAT - PS 97-39 DATE FILED DATE APPROVED DAYS COST 8-5-97 10-13-97 70 Application Fees $ 121.50 Water Inspection Fee $2054.00 Sewer Inspection Fee $ 700.00 Total $2875.50 ZONING - PZ 97-34 Planned Development for Assisted Living DATE FILED 06-20-97 $300.00 DATE APPROVED 07-28-97 COST Planned Development App e BUILDING PERMIT - (31,593 sf, Valuation $2,541,000) - DATE FILED DATE APPROVED DAYS COST 10-8-97 12-23-97 76 Building Permit $ 7621.50 Plan Review $ 4954.00 Electric Permit $ 484.34 Plumbing Permit $ 1375.00 Mechanical Permit $ 1076.00 Fire Alarm $ 555.00 Fire Sprinkler $ 60.00 Certificate of Occupancy $ 30.00 Fire Suppression $ 60.00 Health Permit $ 150.00 Water Meter-DomlTap& $10,240.83 Impact Irrigation Mtr-Tap & $ 1862.44 Impact Fire Check Mtr-Tap $ 360.00 Total $28,829.11 GRAND TOTAL 191 Days $32,126.11 » Public Works Pre-Construction Meeting 12-22-97 » Permit not eligible for issuance until 12-23-97 K:\PROJECT.doc 3 e e e TEXACO 6360 DAVIS BOULEVARD LOT 1, BLOCK 1, E SYSTEMS ADDITION PRELIMINARY PLAT - PS 97-25 DATE FILED 06-06-97 $155.00 DATE APPROVED 07 -24-97 COST Application Fee » Returned for corrections one time - Developer had plans 7-15-97 to 8-4-97. FINAL PLAT - PS 97-35 DATE FILED DATE APPROVED DAYS COST 07-14-97 09-08-97 56 Application Fee $ 185.50 Street Inspection Fee $1167.00 Water Inspection Fee $1207.00 Sewer Inspection Fee $ 817.00 Drainage Inspection Fee $ 142.00 Total $3333.00 » Plans returned one time; Engineering had plans from 8-4-97 to 8-20-97. ZONING - PZ 97-30 Special Use Pennit DATE FILED 06-06-97 $300.00 DATE APPROVED 07-14-97 COST Application Fee BUILDING PERMIT - (3,200 sf, Valuation $1,000.000) DATE FILED DATE APPROVED DAYS COST 4-25-97 10-1-97 159 Building Permit $3539.00 Plan Review $2300.00 Electric Permit $ 153.00 Plumbing Permit $ 140.00 Mechanical Permit $ 73.00 Certificate of Occupancy $ 30.00 Health Permit $ 150.00 Water Meter-DomlTap & $9540.83 Impact Irrigation Mtr-Tap & $4739.36 Impact Total $20,665.19 GRAND TOTAL 147 Days $24,453.19 » Final Plat not approved until 9-8-97 » Public Works Pre-Construction Meeting 1-9-98 » Pennit technically not eligible for Issuance until 1-9-98 » Pennitissued early to facilitate sale of property - construction not pennltted to commence until 1-9-98 K:\PROJECT.doc 4 e e e Minimum Time Line for Application Submittals as Required by State Law Attachment "B" All applications are perfect. Meeting Dates follow each other immediately. Zone Change Request 10 Day Notification Planning and Zoning Commission Total: 11 days Total: 16 days 15 Day Notification City Council Preliminary Plat - Residential - Planning and Zoning Commission Only 72 Hours (3 days) with 1 day of preparation Total: 4 days Final Plat 72 Hours (3 days) with 1 day of preparation - PZ Total: 4 days Total: 4 days Grand Total: 39 days 72 Hours (3 days) with 1 day of preparation - CC K:\PROJECT.doc 5 e e e - Minimum Time Line for Application Submittals Attachment "C as Required by City for Review Time Applications are perfect. Meeting dates follow the calendar. Zone Change Request Submittal Time and 1 0 Day Notification Planning and Zoning Commission Total: 20 days 15 Day Notification after PZ approval plus waiting for next City Council Agenda City Council Total: 32 days Preliminary Plat - Residential - Planning and Zoning Commission Only Submittal Time 38 days Total: 38 days Final Plat Submittal Time - PZ Total: 38 days Schedule for very next CC Total: 11 days Plat Sub Total: 87 days Grand Total: 139 days· * The majority of the time the zoning and preliminary plat applications would run concurrent. The grand total would then be approximately 87 days. K:\PROJECT.doc 6 e e e - Walareen's Eckerd's Valuation of Land Total Development Fees % of Development fees to land value Valuation of Building Total Bldg. Permit Fees % of Permit fees to building value Land & Building Valuation Total Dev. & Permit Fees % of Total fees to building and land value Valuation of Land (based on 1.833 acres) Total Development Fees % of Development fees to land value Valuation of Building Total Bldg. Permit Fees % of Permit fees to building value Land & Building Valuation Total Dev. & Permit Fees % of Total fees to building and land value Attachment "0" $ 859,536.00 $ 5,672.00 0.66% $ 1,250,000.00 $ 15,240.48 1.22% $ 2,109,536.00 $ 21,062.48 1.00% $ 479,073.00 $ 2,512.25 0.52% $ 1,300,000.00 $ 20,904.60 1.61% $ 1,779,073.00 $ 23,416.85 1.32% e e e The Covenant Place Texaco - Valuation of Land Total Development Fees (including zoning) % of Development fees to land value Valuation of Building Total Bldg. Permit Fees % of Pennit fees to building value Land & Building Valuation Total Dev. & Permit Fees % of Total fees to building and land value Valuation of Land Total Development Fees (including zoning) % of Development fees to land value Valuation of Building Total Bldg. Permit Fees % of Pennit fees to building value Land & Building Valuation Total Dev. & Permit Fees % of Total fees to building and land value $ 187,997.00 $ 3,175.50 1.69% $ 2,541,000.00 $ 28,829.11 1.13% $ 2,728,997.00 $ 32,126.11 1.18% $ 803,424.00 $ 3,633.00 0.45% $ 1,000,000.00 $ 20,665.19 2.07% $ 1,803,424.00 $ 24,453.19 1.36% e e e 1999 Tarrant County Appraisal District Tax Roll Information Lot 1, Block 1, Hightower Plaza - Wal Green's 1.644 acres Land Improvements Total $859,536 $706,054 $1,565,590 Lot 1, Block 3, Brentwood Estates - Eckerd's portion of 7.6294 acre tract (the recorded plat on 11/98 was for 1.833 acres) Land Improvements Total $1,994,022 NIA (the property was vacant when appraised) $1,994,022 Lot 1, Block 1, Covenant Addition - The Covenant Place 2.877 acres Land Improvements Total $187,997 $2,609,319 $2,797,316 Lot 1, Block 1, E Systems Addition - Texaco 1.53 acres Land Improvements Total $803,424 $450,111 $1,253,535 K:\PROJECT.doc 7 .. .__._........._-~.._,.._.-'"........~:................._.....".~ . .,.~~ ,.. .~'_......""""""""""'Ir.o,<<,<"'._~....¥_....._, .~_.-..."._....~,_.,_. .~_~. .__.,..,.___~_...;;.........~'-__ ~. '~.'io '.," ....., .,.'-.:.....,~.', >..:."''t...."~'''''....':..Io.'"~..:''''''''.~.-"-,_ "'"'-~k.. ~-- -- 1 . O~ 11 C\:$ I .J I- Q) ~ ¡¡ ~ I J 111 < Ii ~~ I III Cl ~~ I c .. ~ ~ = 1.4."" ~ 'oft 0 ,.'''11 . ...-4 ~ I ~ I Q ~ 1 î 2 ~ w I \1 ~ 00 ~ ~ ~ 1 0 u .~ I ..... ---. ~ I ;.. ,. ~ ~ ~ ~ . ~ ~ ~ --- -- 1 ~ O~ >l I- ~ .) 4 bJ ~ 1 ¡ ~~ .' I t 0/ C'à ~~ I - Q.) u.~ ~ tJ¡ < 'oft ~ 'I(,..t'\ ~ Q) ~ ~ .....-j l ..0 1/ C\:$ ~ ,",' "Ö .....-j . ...-4 ;:j ~ I n . <- Comparison and Analysis ofTrcc Preservation Ordinances - G. Last _ Urban Forestry Workshop _ February 20, 1997 Page 5 of 13 . >I:>VS.L3S 3dV:>SON'Vl .0 ~ 3^'tlO tl3L^JL^Jntl.LS . ~ .lNI~d.lOO~ ~S OOG'O~ ÐNI011nS 3:>1~~O ~ () , . . ~ } 067 3^'~a OaVtlOa13 . . . r . - ~ () ) 067