Willow Park City Zoning Code
ARTICLE 14
08 TREE PRESERVATION
§ 14.08.001 Purpose.
(a)
The purpose of this article is to establish rules and regulations governing the protection of trees and vegetation cover within the City of Willow Park, to encourage the protection of healthy trees and vegetation through innovative designs and site plan layouts and to provide for the replacement and replanting of trees that are necessarily removed during construction, development or redevelopment.
(b)
The provisions of this article allow trees located within necessary public rights-of-way and easements to be removed prior to issuance of a building permit. Upon issuance of a building permit, trees within the buildable area of a property may also be removed. All other tree removal requires a tree permit.
(Ordinance 286-91, sec. 1, adopted 5/21/1991; 1993 Code, sec. 12.301)
§ 14.08.002 Definitions.
The following definitions shall apply to this article:
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 the site plan.
A vertical line run through the outermost portion of the crown of a tree and extending to the ground.
A tree which has been found by the city to be of notable historic interest because of its age, type, size or historic association and has been so designated as part of the official records of the city.
Any corporation, partnership, association or other artificial entity; or any individual; or any agent or employee of the foregoing.
A tree which has been determined by the city to be of high value because of its type, size, or other professional criteria, and which has been so designated as part of the official records of the city.
Any self-supporting woody perennial plant which has a trunk diameter of three inches (3") or more when measured at a point of four and one-half feet (4-1/2') above ground level and which normally attains an overall height of at least twenty feet (20') 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 oak.
The front, side and rear yard areas as required under the comprehensive zoning code and the zoning district requirements applicable thereto.
(Ordinance 286-91, sec. 2, adopted 5/21/1991; 1993 Code, sec. 12.302)
§ 14.08.003 Applicability of article.
The terms and provisions of this article shall apply to real property as follows:
(1)
All real property upon which any designated specimen or historic tree is located.
(2)
All vacant and undeveloped property.
(3)
All property to be redeveloped, including additions and alterations.
(4)
The yard areas of all developed property, excluding developed and owner-occupied single-family residential property.
(Ordinance 286-91, sec. 3, adopted 5/21/1991; 1993 Code, sec. 12.303)
§ 14.08.004 Tree preservation permit required.
No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging, any tree, specimen tree or historic tree situated on property described above without first obtaining a tree permit unless the conditions of section 14.08.007(a) and (b) apply.
(Ordinance 286-91, sec. 4, adopted 5/21/1991; 1993 Code, sec. 12.304)
§ 14.08.005 Application for permits.
Permits for removal, or replacement of trees covered herein shall be obtained by making application on a form prescribed by the city to the city manager. Each application will be accompanied with a permit fee, in the amount established by city council on file in the offices of the city, unless the application is part of a larger fee charged. The application shall be accompanied by a preliminary plat showing the exact location, size (trunk diameter and height) and common name of all trees to be removed. The application shall also be accompanied by a written document indicating the reasons for removal or replacement of trees and two copies of a legible site plan drawn to the largest practicable scale indicating the following:
(1)
Location of all existing or proposed structures, improvements and site uses, properly dimensioned and referenced to property lines, setback and yard requirements and special relationships.
(2)
Existing and proposed site elevations, grades and major contours.
(3)
Location of existing or proposed utility easements.
(4)
The location of trees on the site to be removed, or replaced.
(5)
Tree information required above shall be summarized in legend form on the plan and shall include the reason for the proposed removal, or replacement.
(6)
Application involving developed properties may be based on drawings showing only that portion of the site directly involved, adjacent structures, and landscaping or natural growth incidental thereto.
(7)
Aerial photographs, at an appropriate scale, may be substituted, at the discretion of the city manager, for a site plan if adequate site information is supplied on the aerial photographs.
(Ordinance 286-91, sec. 5, adopted 5/21/1991; 1993 Code, sec. 12.305; Ordinance adopting 2017 Code)
§ 14.08.006 Application review.
Upon receipt of a proper application, the planning and zoning commission shall review the application for new subdivisions, and the city manager shall review applications for platted lots; said review may include a field inspection of the site, and the application may be referred to such departments as deemed appropriate for review and recommendations. If the application is made in conjunction with a site plan submitted for approval the application will be considered as part of the site plan, and no permit shall be issued without site plan approval. Following the review and inspection, the permit applications will be approved, disapproved, or approved with conditions by the planning and zoning commission or city manager as appropriate, in accordance with the provisions of this chapter.
(Ordinance 286-91, sec. 6, adopted 5/21/1991; 1993 Code, sec. 12.306)
§ 14.08.007 Tree removal.
(a)
No tree or trees shall be removed prior to issuance of a building permit unless one of the following conditions exist:
(1)
The tree is located in a utility easement, public street right-of-way, or drainage easement. In the event that certain trees outside the above areas are requested to be removed to allow the operation of equipment, the applicant shall submit a plat and site plan which indicates the exact operation area needed. The city manager may approve selected removal under this condition.
(2)
The tree is diseased, injured, in danger of falling, interferes with utility service, creates unsafe vision clearance, or conflicts with other ordinances or regulations.
(3)
The trees are cottonwood, mesquites, or thorn trees.
(4)
Except for the above, under no circumstances shall there be clear cutting of trees on a property prior to issuance of a building permit.
(b)
Upon issuance of a building permit, developers shall be allowed to remove trees located on the buildable area of the property. Trees located in required yard areas, buffers and open space areas shall be maintained. The buildable area shall include sufficient adjacent area to allow the normal operation of construction equipment.
(Ordinance 286-91, sec. 7, adopted 5/21/1991; 1993 Code, sec. 12.307)
§ 14.08.008 Replacement of trees.
(a)
In the event that it is necessary to remove tree(s) outside the buildable area, the developer, as a condition to issuance of a tree removal permit, may be required to replace the tree(s) being removed with comparable trees somewhere within the site or varieties of ash, oak, pecan or walnut.
(b)
A sufficient number of trees shall be planted to equal, in caliper, the diameter of the tree removed. Said replacement trees shall be a minimum of three-inch (3") caliper and seven feet (7') in height when planted.
(c)
At the time of application review, the person responsible for replacement, time of replacement and location will be determined by the planning and zoning commission.
(Ordinance 286-91, sec. 8, adopted 5/21/1991; 1993 Code, sec. 12.308)
§ 14.08.009 Maintenance of trees.
The owner, tenant or agent shall be jointly responsible for the maintenance of all trees including replacement trees and shall be maintained in healthy and growing condition. Trees which die shall be replaced with trees of similar variety and size.
(Ordinance 286-91, sec. 9, adopted 5/21/1991; 1993 Code, sec. 12.309)
§ 14.08.010 Tree protection.
(a)
During any construction or land development, the developer shall clearly mark all trees to be maintained and may be required to erect and maintain protective barriers around all such trees or groups of trees. The developer shall not allow the movement of equipment or the storage of equipment, materials, debris or fill to be placed within the dripline of any tree.
(b)
During the construction stage of development, the developer shall not allow cleaning of equipment or material under the canopy of any tree or group of trees to remain. Neither shall the developer allow the disposal of any waste materials such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy of any tree or group of trees to remain.
(c)
No attachments or wires of any kind, other than those of a protective nature, shall be attached to any tree.
(d)
Utility companies franchised by the City of Willow Park may remove trees which endanger public safety and welfare by interfering with utility service, except that where such trees are on owner-occupied properties developed for single-family use, disposal of such trees shall be at the option of the property owner.
(Ordinance 286-91, secs. 10, 11, adopted 5/21/1991; 1993 Code, sec. 12.310)
§ 14.08.011 Penalty.
The removal and destruction of each tree shall be considered a separate infraction. A penalty of one thousand dollars ($1,000.00) per infraction per tree shall be imposed and compliance with this article be completed before an occupancy permit shall be issued.
(Ordinance 286-91, sec. 12, adopted 5/21/1991; 1993 Code, sec. 12.311)