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HomeMy WebLinkAboutOrdinance 1877 ORDINANCE NO. 1877 AN ORDINANCE INITIATING A TROPHY TREE PROGRAM FOR THE IDENTIFICATION, INVENTORY, MAPPING, AND DESIGNATION OF LOCALLY SIGNIFICANT TREES ESTABLISHING PROCEDURES AND GUIDELINES FOR THE IDENTIFICATION, INVENTORY, MAPPING, PUBLIC RECOGNITION, AND DESIGNATION OF LOCALLY SIGNIFICANT TREES, PROVIDING FOR SEVERABILITY. WHEREAS, trees greatly enhance the environmental and aesthetic quality of the City; and WHEREAS, the City Council has adopted a Parks and Recreation Master Plan placing special emphasis on the conservation of the City's natural and open space resources of which trees are an important element; and WHEREAS, the citizens of North Richland Hills recognize that trees are a natural resource worthy of conservation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AS FOLLOWS: section 1: THAT a program to identify, map, publicly recognize and conserve locally significant trees within the city of North Richland Hills is hereby placed in effect; Section 3: THAT this program is titled The Trophy Tree Program of North Richland Hills; THAT The Trophy Tree Program of North Richland Hills will contain the following: section 2: A. DEFINITIONS Trophy Tree: Any outdoor tree or group of trees living in the ground within the city limits of North Richland Hills, Texas which is determined to be the best representative of its given species (largest, in good health, and best form) within the city limits. B. STATEMENT OF POLICY It is the policy of the City of North Richland Hills that locally significant trees be identified, recognized, designated and that the owners of the trees be encouraged to conserve said trees for the common benefit and enjoyment of all of the citizens and enrichment of the city. C. ADMINISTRATION The Trophy Tree Program shall be administered by the Director of Community Services under the direction of the North Richland Hills Beautification Commission. D. ELIGIBILITY Any individual tree or group of native or introduced, outdoor trees which has been growing in its present location within the city limits of North Richland Hills, Texas is eligible for nomination as a Trophy Tree under this program, especially those individual species of trees previously recognized by the Texas Forest Service through it Big Tree Program; and, further: Although anyone may nominate a tree to be considered as a Trophy Tree, only the actual owner may grant permission for the tree to be so designated by the city. The tree must have existed in its present location a minimum of five (5) years. E. REQUIREMENT FOR INVENTORY An official written log of all successfully designated Trophy Trees, as well as those nominated, shall be maintained by the Director of Community services or by his/her designee. Co- existent with the Trophy Tree Log shall be the preparation of a map designating the locations of all designated Trophy Trees. The log and accompanying map shall be updated on an annual basis. Each tree shall be inspected annually to verify its health and vigor. Every ten (10) years all Trophy Trees shall be measured to document their growth. Copies of the Trophy Tree log and map shall be forwarded to the City Director of Planning and Development and also be made available for public display and review. F. NOMINATION PROCESS Nominations for Trophy Tree designations may be submitted by any citizen of North Richland Hills. Nominations must be made by completing and signing the Trophy Tree Program Nomination Form. These forms shall be maintained and made available for pick up by the public at the Community Services Department's Administrative Offices. The nomination must be received by the North Richland Hills Beautification Commission. Upon receipt of the nomination the Beautification Commission shall send a representative (either city staff or volunteer) to the site to verify the size, condition, species and character of the nominated tree. If said tree is found to be the most representative (largest, in good health, and best form) of its given species within the city limits it shall be designated as a Trophy Tree. Once the tree has been qualified as a Trophy Tree, the landowner shall be notified in writing by the Beautification Commission. If the landowner chooses to participate in the Trophy Tree Program and receive the rights, privileges, and recognition of the Program, he/she shall grant permission by signing a written acknowledgement and submit it to the Beautification Commission. All eligible nominees who have given written permission for inclusion in the Trophy Tree Program shall be presented by the Beautification commission to the City Council for final approval. G. DESIGNATION AND RECOGNITION Each Trophy Tree shall be designated as such by: 1) Issuance of a Trophy Tree certificate jointly by the City Council and the Beautification Commission to the property owner¡ 2) Placement of a cast medallion set in concrete near the base of the tree{s)¡ and 3) A proclamation by the City council that this tree{s) is a valued environmental asset to the City and shall be cultivated, protected and designated as the best example of a tree of its species within the City. B. PROTECTION AND MAINTENANCE Each year for as long as the tree is recognized as a Trophy Tree and is maintained in good health as a superior example of its species, the City will grant to the owner, as an encouragement and an aid to maintaining the tree a discount in city fees or taxes of $50.00 per Trophy Tree per year. In the event that the tree should die of natural causes the discount will be discontinued and forgiven. In the event that the tree should die by deliberate or malicious man-made causes, which the owner could have prevented, as determined in a public meeting between the owner and the Beautification Commission, the discounted fees which had been granted in all previous years shall immediately be due. The City will file a lien on the owner's property for the repayment of total plus penalty interest of all abated fees until they have been paid. I. ANNUAL REVIEW Each year, once per year, the Beautification Commission shall meet to review the Trophy Tree Program. At that time, the Commission shall review new nominees, the status of current Trophy Trees, declassification of Trophy Trees, and other issues relating to the program. Any recommended changes in the classification or designation and/or applicable fee or tax abatement shall then be approved by the City Council and shall take effect in the next fiscal year. All determinations of Trophy Tree classification shall be decided by the discretionary judgement of the Beautification Commission. J. DECLASSIFICATION A living Trophy Tree may be declassified by majority vote of the Beautification commission only upon request by the landowner at the Annual Review Meeting. The recommendation to declassify shall then be approved by majority vote of the City Council. If any provision, section, sentence or clause or phrase, of this ordinance, or the application of same to any person or set of circumstances, is for any reason held to be unconstitutional, void, invalid, or, for any reason, unenforceable, the validity of the remaining portions of this ordinance or its application or other person or sets of circumstances shall not be affected thereby, it being the intent of the City Council of the City of North Richland Hills in adopting this ordinance that no portion hereof nor provision or regulation contained herein become inoperative of fail by reason of any unconstitutionality or invalidity or any other portion or regulation. PASSED AND APPROVED this 26th day of April, 1993. ATTEST: ()ßC0ú$~ ~y Secretary ~ TO FORM AND LEGALITY: A