ORD 638 04/27/2004 ORDINANCE NUMBER (D 3S
LANDSCAPE AND TREE PRESERVATION
AN ORDINANCE TO PRESERVE AND PROTECT HERITAGE TREES AND
OTHER DESIRABLE PLANTS AND MANAGE THE DEVELOPMENT OF NEW
COMMERCIAL AND RESIDENTIAL SUBDIVISIONS WITHIN THE CITY OF
CIBOLO; ESTABLISHING MINIMUM REQUIREMENTS AND PENALTIES
FOR VIOLATIONS
Whereas,the City of Cibolo allows the reasonable and responsible development and
improvement of land within the City ; and
Whereas, it is officially found by the City Council of Cibolo that it is beneficial to the
public health, safety, and welfare to add to and maintain the tree population within the
City; and,
Whereas, adding trees to the City will enhance the quality of life and the general welfare
of the City; and,
Whereas,trees will enhance the City's aesthetic environment and provide health benefits
and help to reduce pollutants,reduce energy costs, and add value to the land,then
Be it Ordained by the City Council of the City of Cibolo that existing protected and
heritage trees will be preserved.
The provisions of this ordinance shall apply to all developments including
commercial,industrial, single and multifamily, and other developments within the
corporate limits of the City.
Purpose and Intent
The purpose of this ordinance is to encourage the preservation of mature tress which once
removed can be replaced only after generations, to preserve protected trees during
construction and to control the removal of protected trees when necessary. It is the intent
of this ordinance to achieve the following:
-Prohibit the indiscriminate clearing of property.
-Protect and increase the value of residential and commercial properties within the City.
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-Maintain and enhance a positive image for the attraction of new business enterprises to
the City.
-Protect healthy quality trees and promote the natural ecological environmental and
aesthetic qualities of the City.
-Help provide needed shaded areas in order to provide relief from the heat by reducing
the ambient temperature.
Affectivity
All developments for which a Master Plan has not yet been submitted as of the effective
date of this ordinance shall be subject to the requirements for tree protection and
replacement specified herein.
Private Property
Agricultural: Property zoned agricultural and being actively used for agricultural
purposes shall be exempt from the requirements specified herein.
Homeowners
The owner of a residence of two acres or less who uses the residence as a homestead shall
be exempt from the tree protection and replacement requirements of this ordinance as it
pertains to that residential property.
Exceptions
A tree removal permit and tree protection and replacement requirements shall not be
required under any of the following circumstances:
Damaged/Diseased Trees: The tree is dead, diseased, damaged beyond the point of
recovery, in danger of falling, or endangers the public health, welfare or safety as
determined by the City Administrator/City Manager or their designee.
Utility Service Interruption: The tree has disrupted a public utility service due to a
tornado, storm, flood or other act of nature. Removal shall be limited to the portion of the
tree reasonably necessary to reestablish and maintain reliable utility service.
Business Interests: The following business ventures shall be exempt from the
requirements specified herein as follows:
Landscape Nursery: All licensed plant or 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 which are so planted
and growing for the sale to the general public.
Golf Course: Golf courses shall be exempt from the tree protection and replacement
requirements and from the tree removal permit requirements for removal of protected
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trees within areas designated as tee boxes, fairways or greens. All other areas shall be
subject to these requirements.
Deferral
The Planning and Zoning Commission shall be allowed to consider variances to the tree
removal permit and tree replacement plan where literal enforcement would result in
creation of an unnecessary hardship on impractical application of the plan considering the
physical characteristics of the lot or parcel of land in question.
1.0 DEFINITIONS
Contiguous Residential Lots—Contiguous lots include three or more adjoining lots
DBH–Diameter-at-breast-height (caliper) is tree trunk diameter measured in inches at a
height of 4.5 feet above the ground. If a tree splits into multiple trunks below 4.5 feet,the
tree shall be measured in two places, the narrowest point beneath the split and 1/2 the sum
of the calipers of the trunks immediately above the split. Whichever is the greater
measurement is to be the measurement applied. If there is no single trunk above ground
level to measure, the measurement shall be the sum of the main trunk, plus 1/2 of all other
branches of the calipers of the various trunks at breast height.
Drip Line - A vertical line run through the outermost portion of the canopy of a tree and
extending to the ground.
Governmental Entity - City of Cibolo, Independent School Districts, State and County
property; property owned by the United States of America or other federal agencies.
Examples of this would include City Hall, public parks, Corps of Engineers property,
State R.O.W., library, fire stations,water tower sites or similar properties.
Multi-Trunk Tree- Tree with more than one trunk arising at or near the ground.
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.
Protected trees–Trees having a 6-inch DBH and not belonging to the unauthorized
species list.
Heritage trees–Trees having a 24-inch DBH and not belonging to the unauthorized
species list.
Root Protection Zone (RPZ) – 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 drip line. As a practical matter, this is the acute portion of the
tree's root system. Approximately ninety percent (90%) of the tree's root mass occurs
within the top three feet of the soil and most of the fine feeder roots which collect
moisture and nutrients are located in the top six inches (6") of the soil. Typically, a tree's
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root system extends as much as two to three times the distance from the trunk to the
dripline.
Mitigation -Tree replacement with an authorized species.
Tree crown — Parts of the tree above the trunk including leaves, branches, limbs and
scaffold: the uppermost part of the tree.
Pervious—Water will permeate the surface.
Tree Affidavit—Affirmation by the developer/land owner that there are not heritage or
protected trees in a proposed development or subdivision.
Tree Preservation/Removal Permit—Permit required when heritage/protected trees are
to be removed.
2.00 REPLACEMENT AND PROTECTION OF EXISTING TREES
Developers/subdividers must submit a tree affidavit or a tree preservation plan
with their preliminary plats. However, a tree preservation plan must be submitted no later
than when a building permit is requested. Either a tree affidavit or tree
preservation/removal permit is required for approval of fmal plats by the Planning and
Zoning Commission and City Council. Any tree plan or survey which shows that
protected or heritage trees will be removed, shall be accompanied by a tree removal
application and a plan for replacement pursuant the tree replacement definition. The
burden shall be upon the applicant to show the necessity for all trees being removed. No
person, directly or indirectly, shall cut down, destroy, remove or move, 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, except as follows:
a. Right-of-way owned or leased by a governmental entity as of the effective date
of this ordinance.
b. Property owned or leased by a public utility excluding property used for
administration offices or functions.
2.01 TREE REMOVAL PERMIT
Existing protected or heritage trees shall not be removed from the land without
first obtaining a tree removal permit:
A. A tree affidavit is used when there are no heritage or protected trees in the
proposed development; or, when no heritage tree will be damaged or
removed; or when no protected tree will be damaged or removed except in
that area inside the proposed building footprints or inside the street right-of-
ways and drainage and utility easements for residential development.
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B. An application for a tree preservation/removal permit is submitted when
protected trees will be removed except inside the setbacks, street right-of-
ways and drainage and utility easements for residential development. A tree
preservation plan/removal permit is required for the removal of a heritage tree
regardless of its location. A tree preservation plan with an inventory of
existing trees is required in order to calculate diameter-inches that will be
removed versus number of inches that will be preserved. In addition, a tree
preservation plan includes notes on methods of tree protection during
construction and justification for removing protected or heritage trees. This
permit will be issued after the City Code Enforcement Office has evaluated
and approved the tree preservation plan.
2.02 TREE PRESERVATION PLAN
A. At a minimum a tree preservation plan includes:
1)Existing/proposed topography
2) Location of property lines, easements, approaches, right-of-ways,
setbacks,parking areas, and sidewalks;
3) Location, species, and size in DBH of each heritage tree and each
protected tree except those located inside the footprint of proposed
structures (for commercial development). (driveways and parking facilities
are included as structures.)
4) Tree inventory that summarizes total number of DBH inches to be
removed and to be preserved (trees down to 1 and 1/2 inch DBH can be
used in calculating preservation diameter inches).
B. Existing protected or heritage trees shall not be removed from the land
without first obtaining a tree preservation/removal permit from the City. The
land developer will submit a tree preservation plan and inventory to the City
Code Enforcement Office.
C. The City Code Enforcement Office has the approval authority for all tree
preservation plans and will make note of the tree preservation plan approval
on their plat review. Specifically, it will be noted that the tree preservation
plan meets the City's requirements and is on file with the plat in the Code
Enforcement Office.
D. Substitution by a mitigation tree species not on the Authorized Species list in
Section 5.00 may be submitted for approval on a case by case basis.
2.03 TREE PROTECTION AND PLANTING
A. Tree protection will be installed before any site work is initiated and
maintained for the duration of the construction work.
1) It will consist of fencing (orange mesh or chain link) placed around the
RPZ.
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2)No vehicles or construction materials/debris will be allowed in the RPZ.
3) No equipment shall be cleaned or other liquids deposited within the
limits of the dripline of any Protected Tree. This includes, but is not
limited to,paint, oil, solvents, asphalt, concrete,mortar, or other materials;
4) No signs, wires, or other attachments, other than those of a protective
nature, which have been approved in the Tree Disposition Plan, shall be
attached to any Protected Tree;
5)Trespassing or throwing trash into a Protective Fence area is prohibited.
6)Any damage done to tree crowns or roots will be repaired immediately
and any wounds on live oaks will be painted with pruning paint within 60
minutes to prevent oak wilt.
7)Wells or retaining walls around the RPZ will be used if proposed
finished grades will raise or lower the natural RPZ grade by more than 6
inches.
8) The finished RPZ will be pervious except for those areas excluded in
paragraph 12 below.
9) For commercial, multifamily and other developments; a minimum of
25% of the total DBH must be preserved.
10)For single family residential development of single or contiguous lots;
contiguous lots include three or more lots, a minimum of 50%of total
DBH must be preserved.
11)For individual lots, 45% of total DBH must be preserved.
12)Utility and flatwork per the original builder's plan are exempt for up
to 45% of the RPZ.
B. Even though the preservation standard is met, a permit is still required to
remove heritage trees and protected trees. There is a mitigation requirement
imposed for the removal of any and all heritage trees, and for the removal of
any and all protected trees.
C. Residential home builders in the City of Cibolo are henceforth required to
provide and plant, or allow to remain, a minimum of 2 approved trees per
single dwelling lot. When mature, the species planted will have an average
crown greater than 15 feet in diameter. Trees planted or allowed to remain
shall have minimum 2 inch DBH and an overall height of at least 8 feet when
planted. Trees may be planted within the City's right of way only if approved
by the City in accordance with the Texas Transportation Code, Chapter 316,
Subchapter A, Sections 316.002 and 316.003.
D. For single family residential developments; each residence will have a
minimum of 2 approved trees.
E. Each tree will have a 2 inch DBH minimum.
F. All trees shall be of an approved/authorized species. (See 5.0 Authorized
Species)
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G. Site plans should accommodate existing trees by providing islands in parking
lots, grading, and landscaping surrounding structures. In commercial,
multifamily, and other developments, trees will be added to the landscape, as
necessary,to have the equivalent of 4 inch DBH per 50 feet of street frontage.
H. Protected trees are mitigated at a ratio of 1 inch to 1 inch. Heritage trees are
mitigated at a ration of 3 inches for every one inch of removed tree. Mitigated
trees will be approved trees. (see the authorized species list) and have a
minimum DBH of 2 inches.
I. In Multi-family developments (apartments. condos, town homes, and modular
home parks), there will be a minimum of one preserved or planted tree for
each dwelling unit.
3.00 FEES FOR PERMITS
At the time of application,the following fees are required
Tree Affidavit $25.00
Tree Preservation/Removal Permit $25.00 PLUS $10 PER
SUBDIVISION UNIT
4.00 PENALTY
Upon conviction violators shall be deemed guilty of a Class C Misdemeanor
and shall be fined five hundred ($500.00) dollars, per violation, per day, and
each violation shall be a separate offense, and each day the violation exists
shall constitute a separate offense.
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5.00 AUTHORIZED TREE SPECIES
Authorized species: Unauthorized species:
Live oak- Quercus virginiana Ash juniper/mountain cedar-Juniperus
Shumard red oak- Quercus shumardii ashei
Chinquapin oak- Quercus muehlenbergii Cottonwood-Populus deltoides var.
Bur oak- Quercus macrocarpa Sycamore-Platanus occidentalis
Lacey Oak- Quercus glaucoides Hackberry- Celtis occidentalis var.
Pecan- Carya illinoinensis Mulberry-Morus sp.
Chinese pistache-Pistacia chinensis Chinaberry-Sapindus drummondii
Cedar elm- Ulmus crassifolia Boxelder-Acer negundo
Texas Red bud- Cercis canadensis var Chinese tallow-Sapium sebiferum
texensis Mesquite-Prosopis glandulosa var.
Bradford pear-Pyrus calleryana glandulosa
Persimmon-Diospyros texana Huisache-Acaciafarnesiana (A. smallii)
Crepe myrtle-Lagerstroemia indica Willow-Salix sp.
Monterrey Oak- Quercus polymorpha Arizona ash-Fraxinus velutina
Texas Mountain Laurel-Sophora Silver Maple-Acer saccharinum
secundiflora
*trees from unauthorized species list
may be allowed to remain but not
counted as required trees.
PASSED AND APPROVED ON THIS DAY OF ip}1 J ,2004.
1 1, K
, 1.
Hon. Charles Ruppert
Mayor
IRMED:
2 i
iL_C Lfl
e Griffm, City Secretary
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