OR 95-696 Establish a Tree Board & to provide a program for preservation of trees AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 95696
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES OF THE
CITY OF COPPELL, BY ADDING SECTION 9-11-11 ESTABLISHING A
TREE BOARD; PROVIDING FOR THE DUTIES OF THE TREE BOARD;
PROVIDING A PROGRAM FOR THE PRESERVATION, PROTECTION,
MAINTENANCE, AND PLANTING OF TREES AND OTHER PLANT
MATERIALS ON PUBLIC PROPERTY WITHIN THE CITY; PROVIDING
A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00); AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is necessar3, and desirable and in the interest of public health, safety,
and welfare to enact an ordinance for the preservation, planting, and replacement of trees
on public property, and to prevent the indiscriminate pruning and removal of trees in the
City without denying the reasonable use and enjoyment of real property; and
WHEREAS, the importance of trees is recognized for their shade, cooling, noise and
wind reduction, soil erosion prevention, aesthetic and economic enhancement of all real
property, and their contribution to the general well being of the citizens of Coppell;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Code of Ordinances of the City of Coppell, Texas, be, and the
same is hereby, amended, in part, by adding Section 9-11-11 to read as follows:
"Sec. 9-11-11 TREE ORDINANCE
A. Definitions
Street Trees are herein defined as trees, shrubs, bushes, and all
other woody vegetation on public land along either side of all
streets, avenues, or other rights-of-way within the City.
Park Trees are trees, shrubs, bushes, and all other woody
vegetation in public parklands within the City, all areas owned
by the City, or to which the public has free access as a park.
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Approved plant palette means Section VII of Appendix D of the
Subdivision Regulations of the City of Coppell, copy of which
is attached hereto as Exhibit "A".
Streetscape Plan means Appendix D of the Subdivision
Regulations of the City of Coppell.
Topping is defined as the severe cutting back of limbs to stubs
larger than three (3) inches in diameter within the tree's crown
to such a degree as to remove the normal canopy and disfigure
the tree.
B. Creation and Establishment of a City Tree Board
There is hereby created and established a City Tree Board
which shall consist of three (3) members of the "Keep Coppell
Beautiful Committee", who shall be appointed by the City
Council for a term of one year to coincide with their term of
service on the "Keep Coppell Beautiful Committee".
C. Duties and Responsibilities
It shall be the responsibility of the Tree Board to study,
investigate, counsel, and recommend to the City Council a
written plan for the care, preservation, pruning, planting,
replanting, removal or disposition of trees and shrubs in parks,
along streets and in other public areas. Such plan will be
updated annually and presented to the City Council, and upon
acceptance and approval, shall become the official
comprehensive Coppell Tree Plan for the City.
The Tree Board shall conduct hearings and make findings, and
orders, as provided in Section L.
D. Operation
The Tree Board shall elect its own Chairperson and keep a
record of its meetings. A majority of the members shall be a
quorum for the transaction of business.
E. Street Trees
1. Street Trees to be planted shall be chosen from the
approved plant palette. No other species may be
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planted as Street Trees without written permission of the
City staff.
2. Street Trees will be spaced in accordance with the two
species size classes listed in the approved plant palette,
and no trees may be planted closer together than as
identified in the Streetscape Plan: Accent Trees, 30
feet; Overstory Trees, 50 feet; except in special plantings
designed or approved by a landscape architect.
3. No Street Tree shall be planted closer than thirty-five
(35) feet of any street corner, measured from the point
of nearest intersecting curbs or curblines.
F. Distance from Fire Plugs
No tree shall be planted closer than ten (10) feet of any
fireplug.
F. Distance from Utilities
No trees other than those species listed as Accent Trees in the
approved plant palette may be planted under or within ten (10)
lateral feet of any overhead utility wire, or over or within five
(5) lateral feet of any underground water line, sewer line,
transmission line or other utility.
G. Distance from Curb or Sidewalk
The distance trees may be planted from curbs or curblines and
sidewalks will be in accordance with the two species size classes
listed in the approved plant palette, and no trees may be
planted closer to any curb or sidewalk than the following:
Accent Trees, two (2) feet; and Overstory Trees, four (4) feet.
H. Credit for Existing Trees
Any trees preserved on a site, meeting the herein specifications,
shall be credited toward meeting the tree requirement of any
landscaping provision of this Section. Trees of exceptional
quality due to size, large canopy cover, trunk diameter,
rareness, age, or species may, at the discretion of the Parks
Operations Superintendent be credited as two (2) trees to meet
the minimum requirement.
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I. Public Tree Care
1. The City shall have the right to plant, prune, maintain
and remove trees, plants and shrubs within the lines of
all streets, alleys, avenues, lanes, squares and public
grounds, as may be necessary to ensure public safety or
to preserve or enhance the symmetry and beauty of such
public grounds.
2. The City may remove or cause to be removed, any
Street Tree or Park Tree or part thereof which is in an
unsafe condition or which by reason of its nature is
injurious to sewers, electric power lines, gas lines, water
lines, or other public improvements, or is infected with
any injurious fungus, insect, or other pest.
3. This Subsection does not prohibit the planting of Street
Trees by adjacent property owners providing that the
section and location of said trees is in accordance with
Subsection E and G above.
J. Tree Topping
It shall be unlawful for any person, firm, or corporation to top
any Street Tree, Park Tree or other tree on public property,
except trees severely damaged by storms or other causes, or
trees under utility wires or other obstructions where other
pruning practices are impractical, such exception to be
determined and approved by City staff.
K. Pruning, Corner Clearance
Every owner of any tree overhanging any street or right-of-way
within the City shall prune the branches so that such branches
shall not obstruct the light from any street lamp or obstruct the
view of any street intersection, and so that there shall be a dear
space of eight (8) feet above the surface of the street, and shall
prune broken or decayed limbs which constitute a menace to
the safety of the public. The City shall have the right to prune
any tree or shrub on private property when it interferes with the
proper spread of light along the street from a street light or
interferes with visibility of any traffic control device or sign.
L. Dead or Diseased Tree Removal on Private Property
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1. If any tree or shrub on any private property is infested
or diseased, and in the opinion of the Parks Operations
Superintendent, after receiving an opinion from a
licensed arborist retained by the City, is liable to spread
the disease or infection, or if any tree, plant, or shrub is
dangerous to the public, the Parks Operations
Superintendent shall give written notice to the owner of
the real property possessing the hazards, stating the
conditions in non-compliance, that said conditions must
be abated within thirty (30) days after receipt of the
notice, and that a request for a hearing must be made in
writing and received by the Department before the
expiration of the thirty (30) day period. Such notice may
be served upon such person in any of the following ways:
(a) personal delivery;
(b) addressed to such person at his post office
address and deposited postpaid in the United
States mail, certified, return receipt requested; or
(c) publication in a newspaper of general circulation
within the City no less than two (2) times within
ten (10) consecutive days.
If any notice is returned undelivered by the United
States Post Office, official action to prune or remove the
tree, plant, or shrub shall be continued to a date not less
than ten (10) days after the date of return. The Request
for Hearing must include a correct name and address of
the person requesting a hearing.
2. If such person fails or refuses to comply with the
demand for abatement of the condition(s) in the notice
within fifteen (15) days of the date of delivery of such
notice or publication, and if such person fails to request
a hearing in accordance with this section, the Parks
Operations Superintendent may do such work or cause
such work to be done to remove said hazard, infestation,
or infection from public exposure.
3. In the event a request for hearing is timely made, a
public hearing shall be held before the pruning or
removal of any tree, plant, or shrub on private property.
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The public hearing shall be held by the Tree Board.
The hearing shall be held no sooner than ten (10) days
after receipt by the Parks Operations Supervisor of a
Request for Hearing, or ten (10) days after the return of
an undelivered notice, whichever occurs later.
4. All persons requesting a hearing shall be given written
notice, by personal delivery or by regular first class mail,
of the time and place of the hearing. The Notice of
hearing shall be mailed or delivered at least five (5) days
prior to the hearing. The Tree Board shall conduct the
hearing. Adherence to the strict rules of evidence shall
not be required. Two members of the Board shah
constitute a quorum for conducting a hearing. A simple
majority vote is necessary in order for the Board to
make a finding or ruling. If, after the hearing, the Board
finds that a tree, plant, or shrub is infectious and liable
to spread any disease or is dangerous to the public, the
Board shall order the pruning or removal of the tree,
plant, or shrub. The order shall include a description of
the tree, plant, or shrub, the correct scientific name, the
location, the ailment, and a description of the work to be
performed.
5. An appeal to the City Council from a ruling or order of
the Tree Board may be made within ten (10) days of the
final ruling of the Tree Board, by request to the City
Manager, who shall schedule a hearing before the City
Council.
6. The costs, charges, and expenses, (hereinafter referred
to as "the Charges") incurred in doing or have such work
done or improvements made to the real property shall
be a charge to, and personal liability of, such person. If
a notice as provided herein is delivered to the Owner of
such real property, and he fails or refuses to comply with
the demand for compliance within the applicable time
period as herein provided, the aforementioned Charges
shall be, in addition to a charge to, and personal liability
of, the Owner, a privileged lien upon and against such
real property, including all fixtures and improvements
thereon. In order to perfect such lien, the Parks
Operations Superintendent shall first give such Owner
written notice of demand for payment of such Charges.
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Such written notice may be given by any one of the
methods provided for the initial notice requiring
compliance. If the Owner fails or refuses to make
complete payment of the Charges within twenty (20)
days of the delivery of the notice, the Parks Operations
Superintendent, or his designee, shall file a written
statement of such Charges with the County Clerk of the
county in which the real property is located, for filing in
the county land records. The statement shall be
sufficient if it contains the following:
(a) The name of the Owner;
(b) A description of the real property;
(c) The amount of the Charges;
(d) A statement that all prerequisites required by this
section for the imposition of the Charges and the
affixing of the lien have been met;
(e) A statement signed by the Parks Operations
Superintendent, or his designee, under oath, that
the statements made therein are true and correct.
The statement may also contain such other information
deemed appropriate by the Parks Operations
Superintendent.
7. Any tree, plant, or shrub removed by the Parks
Operations Superintendent due to it being unsafe,
injurious to the common good, infectious, or dangerous
to the public is not required to be replaced by the Parks
Operations Superintendent and the City shall not be
required to compensate the Owner for said removal. All
charges shall bear interest at the rate of ten (10) percent
per annum from the date the City incurs the expense.
The City may bring suit to collect the Charges, institute
foreclosure proceedings, or both. The statement, as
provided herein, or certified copy thereof, shall be prima
facie evidence of the City's claim for Charges or right to
foreclose the lien. The Owner or any other person
responsible as provided herein, shall be jointly and
severably liable for the Charges.
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M. Removal of Stumps
All stumps of Street and Park Trees shall be removed below
the surface of the ground so that the top of the stump shall not
project above the surface of the ground.
N. Arborist License and Bond
It shall be unlawful for any person or firm to engage in the
business or occupation of pruning, treating, or removing street
or park trees within the City without first applying for and
procuring a license. The license fee shall be $25.00 annually in
advance provided, however, that no license shall be required of
any public service company or the City doing such work in the
pursuit of their public service endeavors. Before any license
shall be issued, each applicant shall first file evidence of liability
insurance in the minimum amounts of $50,000.00 for bodily
injury and $100,000.00 property damage indemnifying the City
or any person injured or damaged.
SECTION 2. That all provisions of the Code of Ordinances of the City of Coppell,
Texas in conflict with the provisions of this ordinance be, and the same are hereby,
repealed, and all other provisions not in conflict with the provisions of this ordinance shall
remain in full force and effect; provided however, this ordinance is not intended to repeal
the tree preservation requirements of the Comprehensive Zoning Ordinance, as amended.
SECTION 3. That should any word, phrase, paragraph, section or portion of this
ordinance or of the Code of Ordinances, as amended hereby, be held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or of the Code of Ordinances, as amended hereby, which shall remain in full
force and effect.
SECTION 4. That any person, firm, or corporation violating any of the provisions or
terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty
of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas,
shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each
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offense, unless such offense is a violation of regulations governing fire safety, zoning, or
public health and sanitation, including dumping of refuse, in which event the fine shall not
exceed the sum of Two Thousand Dollars ($2,000.00); and each and every day such offense
is continued shall constitute a new and separate offense.
SECTION 5. An offense committed before the effective date of this ordinance is
governed by the prior law and the provisions of the Code of Ordinances, as amended, in
effect when the offense was committed and the former law is continued in effect for this
purpose.
SECTION 6. That this ordinance shall become effective immediately from and after
its passage as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the .~; ,~ ~ ;Z
day of //~ ~, dt ~ ,1995.
~ '~" APPROVED:
~t'/OM~MORTON, MAyO~~RR
ATI'EST:
APPROVED AS TO FORM:
PE~/R G. S~ ATTORNEY
(PGS/jd 2/20/95)
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