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OR 91-500-A-203 "Landscape Regulation" for greater tree preservation & protection AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A203 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING SECTION 34, SECTION H TREE PRESERVATION REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE OF THE, CITY OF COPPELL, PROVIDING FOR GREATER TREE PRESERVATION AND PROTECTION; REQUIRING THE DEPARTMENT OF LEISURE SERVICES TO MONITOR AND ENFORCE THE PROVISIONS OF THE ORDINANCE; ESTABLISHING A CITY REFORESTATION AND NATURAL AREAS FUND; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH SEPARATE VIOLATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, trees are a valuable amenity to the urban environment, providing shade, cooling of air, and windbreaks, thereby reducing the requirements for air conditioning, heating, and watering thus reducing the use of limited and costly resources; and WBEREAS, trees purify the air we breathe by filtering pollutants and dust while restoring oxygen to the atmosphere; and WHEREAS, trees provide open spaces, reduction in noise levels and glare, and break the monotony ofurbanized development; and WBEREAS, trees create local ecosystems that provide habitat for animals, birds, and plants that would otherwise be absent from urban areas; and WHEREAS, trees protect land and structures by providing soil stability and reducing storm water run-off thus minimizing flood damage and reducing the need for additional storage facilities; and WHEREAS, trees are known to add value to residential and commercial property, thus increasing tax revenues by attracting new business, industry, and residents to the City; and WHEREAS, trees should be protected for the education and enjoyment of future generations since large, mature trees, if destroyed, can be replaced only after generations, it at all; and ] 19312 WHEREAS, the City of Coppell desires to actively participate in the "Tree City, USA" program of The National Arbor Day Foundation, as well as the "Keep Coppell Beautiful" program; Wl:IEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair heating to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof~ the said governing body is of the opinion that zoning should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY Tl:lE CITY COUNCIL OF TltE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by amending Section 34, "Landscape Regulations" providing for greater tree preservation and protection, to read as follows: "SECTION 34 LANDSCAPE REGULATIONS SECTION II: TREE PRESERVATION REQUIREMENTS 34-2-1 PURPOSE: The purpose of the Tree Preservation Ordinance is to set the standards for the preservation and protection of a diminishing natural resource, our native and other adapted existing site trees, and to encourage the planting of trees to replace and supplement our urban forest during the development, construction, and redevelopment processes. 34-2-2 INTENT: It is the intent of the City Council of the City of Coppell that the terms of Section 34-2 shall: (A) Establish rules and regulations governing the protection and preservation of established trees growing within the City. (B) Regulate the removal and replanting of trees during development, construction and redevelopment. (C) Require a Tree Removal Permit when removal is deemed necessary. 2 19312 (D) Provide the administrative structure to monitor and enforce compliance with the Tree Preservation Ordinance. (E) Provide assistance to property owners, developers, and builders in understanding proper guidelines, methods, and regulations of tree preservation and protection within the City. (F) Establish the City of Coppell Reforestation and Natural Areas Fund. 34-2-3 ADMINISTRATION: Administration and enforcement of the Tree Preservation Ordinance shall be the responsibility of the Department of Leisure Services, under the supervision of the City Manager or his designee. (A) The City Manager or his designee will issue a notice of violation to persons, firms, and corporations failing to comply with provisions of the Tree Preservation Ordinance which will be adjudicated through the municipal court system. 03) The City Manager or his designee, Building Official, or an authorized representative shall have the authority to place a Stop Work Order on any activity which is effectively removing Protected Trees or is in violation of Section 34-2. 34-2-4 DEFINITIONS: The following definitions shall apply to this chapter: (A) Appraised Value: The monetary value for a tree based on the formula established by The Council of Tree and Landscape Appraisers (CTLA) and published by the International Society of Arboriculture. 03) Bore Utilities: The practice of tunneling at a depth below the effective root system ora tree, generally at a depth of eighteen to twenty-four inches (18- 24"), for the purpose of running underground utilities. (C) Critical Root Zone: The top twelve inches (12") of undisturbed natural soil around the tree, defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the drip line, wherein roots critical to its survival are growing. (D) DBH or Diameter at Breast Height: The diameter, in inches, of a tree as measured through the main trunk at a point four and one-half feet (4.5') above the natural ground level. 3 19312 (E) Drip Line: The periphery of the area encompassing a tree determined by dropping imaginary vertical lines from the outermost portion of its canopy to the ground. (F) Historic Tree: Any tree that has been so designated by the City Council, after public hearing and due notice to the owner, as a tree of notable historical interest or value to the City because of its location within or historical association to the community. A listing and map of all designated Historic Trees shall be maintained and updated by the Department of Leisure Services and made available to the public upon request. (G) Leaf Litter: The normal organic matter lying on the forest floor. 0-I) Mulch: Pre-decomposed organic material. (I) Person: Any corporation, partnership, firm, association or other artificial entity; or any individual; or any agent or employee of the foregoing. (J) Protected Tree: Any living tree species, six inches (6") DBH or larger, which is not on the 'Unprotected Tree List' that shall be subject to the preservation, protection, and replanting requirements of Section 34-2. (K) Protective Fencing: A barrier from entry, constructed from chain link, orange plastic, or other similar material at a minimum height of four feet (4') above ground level, restricting access to a Tree Protection Zone. (L) Reforestation and Natural Areas Fund: A fund established by the City for the purpose of collecting monetary reparation to provide for urban reforestation, purchase and preservation of natural areas, public education, as well as costs associated therein by the Department of Leisure Services, in conjunction with the Park and Recreation Board. (M) Replacement Tree: A nursery-grown tree of a Protected Tree species, as defined in Section 34-2, with a minimum DBH of three inches (3") and height of seven feet (7'). Specimen Tree: A tree that has been designated as a tree of notable value because of its type, size, or other professional criteria. Any tree which has grown to at least seventy-five percent (75%) of the DBH or circumference size of the Champion Tree of its species, as determined by the most current edition of the Texas Big Tree Registry or the Listing of Metroplex Champions published by the Texas Forestry Service, shall be so designated. A listing and map of all designated Specimen Trees shall be maintained and 4 19312 updated by the Department of Leisure Services and made available to the public upon request. (O) Tree: For the purposes of Section 34-2, any self-supporting woody perennial plant which has a trunk DBH of six inches (6") or greater 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. (P) Tree Board: A board, established by the City Council, which is charged with advising the City Manager or his designee in the administration of this ordinance, as well as promoting tree awareness, tree planting, and urban forestry education and practice in the City. (Q) Tree Protection Zone: Any area designated, or required, for the sole purpose of preserving a Protected Tree, or group of trees, wherein no activities prohibited by Section 34-2 shall take place. (R) Tree Removal Permit: A permit which must be approved by the City Manager or his designee prior to the removal of any tree. (Appendix, Item I). (S) Understorv Vegetation: Forest plants or smaller trees which grow beneath the canopy of larger trees. (T) Unprotected Tree: A tree of an undesirable species, as determined by Section 34-2, which does not require preservation, protection measures, or rePlanting. 34-2-5 APPLICABILITY: 'The terms and conditions of Section 34-2 shall be applicable to all real property and development, construction, and redevelopment within the City including, but not limited to, the following: (A) Subdivisions (single and multi-family) (B) Non-residential (C) Undeveloped property 34-2-6 EXEMPTIONS: Section 34-2 shall not apply to the following: (A) Any property located in a residential development which has received preliminary plat approval or site plan approval and any non-residential use property which has received site plan approval prior to the effective date of this ordinance. 5 19312 (B) Any single family residential property at~er the first date that said residence was occupied, so long as said property is not being developed, redeveloped, platted, replatted, or subdivided. (C) On that portion of property owned or operated by a plant and/or tree nursery, on which trees are planted and/or grown for commercial sale. (D) Tree removal or trimming activities of public utility companies or other entities as may be authorized by prior agreements with the City. (E) Trees which are diseased, injured, or determined by the City Manager or his designee to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety and require immediate removal without delay. (F) Actions deemed necessary in accordance with City policy during a period of emergency such as tornado, storm, flood or other act of God. (G) Where this section and the Coppell Flood Plain Management Ordinance are in conflict, the Flood Plain Management Ordinance shall take precedence. (It) Public utility construction and maintenance. 34-2-6A:MUNICIPAL, SCHOOLS AND RELIGIOUS INSTITUTIONS (A) The City of Coppeil, public School Districts or any church, shall endeavor to preserve all trees protected by the requirements of Section 34-2 wherever practicable in order to preserve the natural beauty of environment as to provide for the safety, health, and welfare of the citizenry. (B) Except as noted herein, Section 34-2 shall not apply to any property owned, leased, controlled real property, development, constructed and/or redevelopment by the City of Coppell or public School Districts; or to any church property owned, leased, controlled real property, development, constructed and/or redevelopment, provided that such uses is only for church purposes. (C) In all development, construction, and/or redevelopment, except the construction, reconstruction, development of public roads, streets, rights- of-way, that is not funded or permitted, after the effective date of this ordinance, the City of Coppell, public School Districts, or church shall comply with the provisions of Section 34-2-7 Protected Tree Designation, 6 19312 Section 34-2-9'(a-c) Guidelines for Tree Protection and Section 34-2-10 Prohibited Activities, unless such requirements defeat or impede the public purpose of SUch municipal or school construction, development or redevelopment. 34-2-7 PROTECTED TREE DESIGNATION: (A) Any tree which has a six inch (6") DBH or greater, which is not listed as an Unprotected Tree species in Section 34-2-7B or not exempted in Section 34-2-6, is a Protected Tree and must be retained and protected or replaced if removed. (B) Protection and replacement will not be required for the following species of Unprotected Trees less than ten caliper inches (10"): Common Name Botanical Name Hackberry Celtis occidentalis Cottonwood Populus deltoides Bois d'Arc Maclura pomifera Mimosa Albizia julibrissin This list is subject to change and Will be periodically updated by the City Manager or his designee with the approval of the Park and Recreation Board. (C) All Protected Trees on the development or construction site must be preserved and protected according to Section 34-2-9, Guidelines for Tree Protection, unless a Tree Removal Permit has been obtained. 34-2-8 TREE SURVEY: (A) Purpose: The Tree Survey is the heart of the Tree Preservation Ordinance. Its purpose is not to penalize, but to aid those in protecting our valuable natural resources during development and construction. Additionally, the Tree Survey will also help determine the quantity of trees, if any, that must be removed or cannot be safely and adequately protected during the street, utility, and construction phases of development. (B) Scope: A Tree Survey shall be conducted and be current to within the twenty-four (24) months immediately prior to submission for any of the following: 1. Preliminary Plat 2. Re-plat 7 ~9~2 3. Final Plat and Approval 4. Site Plan Review 5. Application for Building Permit (C) Detail: 1. The Tree Survey shall be performed by qualified personnel meeting the requirements of the City of Coppell. These persons must register and be approved by the City Manager or his designee prior to the conducting of the Tree Survey. Minimum qualification must be one of the following: a. International Society of Arboriculture Certified Arborist b. Texas Association of Nurserymen Member c. A degree in a related field (i.e. Forestry, Landscape Architecture, Botany, Horticulture) with five (5) years field experience 2. The Tree Survey shall include location, size (DBH), species, canopy .type, ordinal points of canopy spread, and condition of all trees with a six-inch (6") DBH or larger. Trees will be measured at four and one-half feet (4.5') above natural ground level, or DBH (Diameter at Breast Height). The Tree Survey information will be compiled in a tabular format with each tree identified by a number corresponding to a numbered tree on the site plan. (Appendices A, B and C). 3. The entire parcel being proposed for development shall be included in the Tree 'Survey, except for any portion located farther than fit~y feet (50') from any planned development or construction activities. 4. Once the Tree Survey has been accomplished and submitted to the City, all trees on the Tree Survey shall be classified as Protected Trees, with the exception of those Unprotected Tree species listed in SectiOn 34-2-7B or exempted by Section 34-2-6. 5. The Tree Survey shah then be used to determine: a. The number of Protected Trees that must be removed for the development of essential streets, utilities, and building construction. b. Potential Specimen or Historic Trees. c. The total amount of required tree replacement or reparation. d. The amount of Tree Preservation Credit. 8 19312 34-2-9 GUIDELINES FOR TREE PROTECTION: A major purpose of Section 34-2 is to protect all existing quality site trees which are not required to be removed for approved development and construction to occur. The following are minimum requirements for the protection of all Protected Trees within fifty feet (50') of all development and construction activities related, but not limited, to streets, parking lots, building sites, driveways, and sidewalks. (A) Prior to construction or land development, the developer or builder must clearly mark all Protected Trees within fifty feet (50') of all public rights- of-way, public easements, or construction areas. The Protected Trees will be flagged with bright, fluorescent survey ribbon wrapped around the main trunk at a height of four feet (4') from natural grade such that the tape is very visible to construction workers and equipment operators. 03) Prior to construction or land development, the developer or builder shall establish designated parking areas for the parking and maintenance of all vehicles, trailers, construction equipment, and related items, as well as stockpile areas for the storage of construction supplies and materials. After approval by the City Manager or designee, the location and dimensions of said designated areas shall be clearly identified on construction and site plans and at the construction site. (C) In those situations where the Drip Line of a Protected Tree is not directly affected by construction but construction related activities may infringe on said drip-line, protective fencing shall be installed at minimum around the drip-line designating a Tree Protection Zone. The fencing must be a minimum of four feet (4') in height with silt fencing' attached to the base of the fence. Bright, fluorescent survey ribbon must be attached to the Protective Fencing at ten-foot (10') intervals. (Appendices D and E). (D) Bilingual (English and Spanish) signage will be conspicuously located on all Protective Fencing designating a Tree Protection Zone. (Appendix F). (E) Every effort will be made to retain Understory Vegetation and leaf litter during all phases of development and construction. If Understory Vegetation and/or Leaf Litter is removed, the Critical Root Zone within the Tree Protection Zone will be Mulched with three to six inches (3"-6") of organic material to aid in keeping soil temperatures down and in the retention of soil moisture. (F) Underground utilities may be bored if the line of the utility passes within a Tree Protection or Critical Root Zone. (Appendix G). 9 19312 (G) Grade changes in excess of four inches (4") cut or fill within a Tree Protection or Critical Root Zone will require a retaining wall or tree well, made of rock or brick, to be constructed around the Protected Tree no closer than seventy-five percent (75%) of the distance between the trunk and the Drip Line. The top of the retaining wall should be constructed at the new grade. Additional measures to maintain proper oxygen and water exchange with the Protected Tree roots may also be required. (Appendix (H) All Protected Trees shall be provided with a permeable surface under a minimum of seventy-five percent (75%) of the existing Drip Line of the tree(s). 34-2-10 PROHIBITED ACTIVITIES: The following activities shall be prohibited on any development or construction site within a Tree Protection Zone or the Drip Line of any Protected Tree: (A) No construction vehicle or equipment traffic or parking shall take place. (B) No materials intended for use in development or construction, or waste materials accumulated due to excavation or demolition, shall be placed or stored. (C) No equipment shall be cleaned or liquids deposited or allowed to flow overland. This includes, but is not limited to, paint, oil, solvents, asphalt, concrete, mortar, and similar materials. (D) Grade changes in excess of four inches (4") shall not be made unless properly protected by a retaining wall or tree well as described in Section 34-2-9. (E) No water, which accumulates due to construction-related activities, shall be permitted to remain around any Protected Tree. (F) No signs, wires, or other attachments, other than those of a protective nature, shall be attached to any Protected Tree. (G) Except for these aforesaid Exemptions in Section 34-2-6, under no circumstances shall there be a clear cutting of trees on a property for any purpose at any time.' (H) No person, directly or indirectly, shall cut down, destroy, effectively destroy through damaging, remove, or move any tree, Protected Tree, Specimen Tree, or Historic Tree without a Tree Removal Permit at any time unless exempted by Section 34-2-6. (I) No person, directly or indirectly, shall act in concert with an owner, occupant, lessor, lessee or any person claiming an interest in property to enter into any agreement, contract, negotiation, letter of intent or any other type of arrangement to circumvent the prohibitions contained herein or to otherwise qualify for an exemption from the provisions of this ordinance. 34-2-11 TREE REMOVAL PERMIT: (A) In the event it becomes necessary to remove a tree for development or construction, a Tree Removal Permit will be required. Permits for Tree Removal may be requested by making application on a form prescribed by the City to the City Manager or his designee. (Appendix I). (B) Upon receipt by the City of a completed Tree Removal Permit Application, an administrative fee shall be paid to the City by the applicant. (C) The Tree Removal Permit Application shall be accompanied by a Preliminary Plat or Site Plan showing the exact location, size (DBH), common name, and reason for request of removal of each tree on site. (D) Submission of a Tree Removal Permit Application to the City shall authorize the City Manager or his designee or his designee to conduct field inspections of the site as necessary for purposes related to the provisions of the Tree Preservation Ordinance. (E) After thorough review of the Tree Removal Permit Application and accompanying documents, the City Manager or his designee will approve, approve with conditions, or disapprove the application. Disapproved applications may be revised and resubmitted to the City free of charge. 34-2-12 PROTECTED TREE REPLACEMENT: Removal of any Protected Tree(s) will require a Tree Removal Permit and replacing or replanting of tree(s) on site or on public land, as designated by the City Manager or his designee. Required Tree Replacement will be determined as follows: (A) In as much as it is reasonable and feasible, replanting on the development or construction site will be made to restore the original natural landscape character of the site. 11 19312 1. Protected Trees will be replanted at a replacement ratio of one inch (1") DBH of Replacement Tree for each one inch (1') DBH of removed tree. 2. Specimen and Historic Trees will be replanted at a replacement ratio of ten inches (10") DBH of Replacement Tree for each one inch (1") DBH of removed tree. 3. Replacement Trees must be a minimum of three inches (3") DBH, seven feet (7') in height, and be of the same, or more desirable, protected species. (B) To the extent that tree replacement is not feasible, the City Manager or his designee shall determine the amount of indemnification to be paid by the developer. Upon determination of indemnification, said payment shall be made to the City of Coppell Reforestation and Natural Area Funds based on amounts indicated which is as follows: 1. For Protected Trees, reparation will be made in the amount of one- hundred dollars ($100.00) per one inch (1') DBH. 2. For Specimen and Historic Trees, reparation will be made for the Appraised Value of the removed tree as determined by CLTA (Council of Landscaping Tree Appraisers) Guidelines. (C) If any Protected and/or Replacement Tree dies within two (2) years of initial planting or issuance of Certificate of Occupancy and is brought to the attention of the City Manager or his designee, the original permit applicant shall be subject to the same replacement as a Protected Tree in Section 34-2-12. (D) Money paid in lieu of tree replacement made in compliance with Section 34-2 shall be considered contributions to the City of Coppell Reforestation and Natural Areas Fund. This fund shall be used for purposes of, but not limited to: 1. Planting of trees in City parks, on public lands, and along public rights-of-way. 2. Purchasing of wooded, natural areas, particularly floodplain acreage, to preserve these highly-sensitive environmental areas for public protection and passive recreational enjoyment. 3. Educational projects, such as construction of outdoor learning centers or classroom/group tours led by foresters or park staff. (E) Except for one (1) 3-month extension approved by the City Manager or his designee due only to seasonal limitations that would make planting of trees impractical and require an escrow deposit in an amount equal to 110% of 12 19312 the estimated cost of tree planting,' no Certificate of Occupancy will be issued for any building or structure on the development or construction site until all required tree replacement and/or monetary reparation has been made in full. 34-2-13 TREE REPLACEMENT CREDITS: Credits may be earned to reduce required tree replacement or money paid in lieu of tree replacement, if any, due to compliance with the Tree Preservation Ordinance. (See Appendix J) (A) Non-residential Property - The following credits shall be given to reduce the amount of reparation incurred, if any, from development and construction on non-residential property which is not adjacent to residential use (Appendix K): 1. Preservation Credit: a. A Preservation Credit, based on the percentage of Protected Trees (DBH) preserved on site, shall be given. b. Only those trees in good condition, with an excellent prospect for long-term survival and preserved in accordance with provision of this ordinance, shall be considered for Preservation Credit. c. Non-residential property which is adjacent to residential use may qualify for the Preservation Credit if a minimum fifty- foot (50') permanent buffer, meeting all Tree Protection Zone requirements, is maintained adjacent to all residential property lines. 2. Landscaping Credit a. For each one inch (1") DBH of approved species tree planted on site, a Landscaping Credit of one inch (1") DBH shall be earned. b. This credit shall include any trees planted to fulfill City landscaping requirements. c. The Landscaping Credit may be applied to offset up to fifty percent (50%) of required reparation as provided in subsection 3. 3. Applicability of LandscaPing Credit In an exceptional case a landscape credit may be applied to offset up to fif~ percent (50%) of a required reparation as provided herein. An exceptional case shall be defined by the City Manager or 13 19312 his designee by adoption of reasonable guidelines based on all of the following: (a) intensity/use of the development; (b) acreage and/or location of the property; (c) the number of trees which may be affected; (d) the location of the property in relation to surrounding development; (e) frontage on major thoroughfares; (f) environmental disruption or sensitivity to surrounding arboreal growth;, and (g) disruption to surrounding wildlife. These guidelines shall be adopted, and, may amended from time to time by resolution of the City Council. (B) Residential and Adjacent Non-residential Properties - The following credits, in exceptional cases, as defined herein in Section 34-2-13 (A) (3), shall be given to reduce the amount of reparation incurred, if any, from development and construction on residential properties and those non- residential properties adjacent to residential use that do not maintain a minimum of a fifty-foot (50') permanent buffer, as described in Section 34- 2-13A above (Appendix L). (C) Credit Determination 1. Determination of expected credit shall be made by the City Manager or his designee upon approval of a Tree Removal Permit Application. 2. The City Manager or his designee shall verify credits upon completion of the site improvements, and for this purpose, may include an field inspection of the site. 3. If actual landscaping and tree preservation is not in accordance with the plan on which credits were based, an adjustment shall be made and, 'if necessary, require the applicant to make additional reparation either in the form of additional tree planting or contribution to the City of Coppell Reforestation and Natural Areas Fund. 4. Only in exceptional cases may Landscaping Credit be given to reduce reparation incurred or in the event of tree removal for floodplain reclamation purposes. 14 19312 34-2-14 UNAUTHORIZED TREE REMOVAL: Each unauthorized tree removed shall constitute a distinct and separate offense and shall also be punishable by the maximum fine allowed under law. 34-2-15 APPENDICES: A. Sample Tree Survey B. Illustration of Methods of Tree Measurement C. Illustration of Canopy Types D. Illustration of Typical Tree Structure and Physiology, in particular focusing on the root system E. Illustration of Acceptable Tree Protection Area Fencing F. Illustration of Protective Signage G. Illustration of Trenching versus Boring H. Illustration of Methods to Ameliorate Grade Cha, nge I. Tree Removal Permit Application J. Determination of Gross Reparation 1. Protected Trees 2. Specimen and Historic Trees K. Determination of Non-residential Property Credits L. Determination of Residential and Adjacent Non-residential Property Credits" SECTION 2. That all provisions of the Comprehensive Zoning Ordinance 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. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase .or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. 15 19312 SECTION 4. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive zomg Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense; and, in addition to the preceding, the City of Coppell shall be entitled to enforce the provisions of this ordinance by appropriate injunctive relief in accordance with Chapter 54 of the TEX~S LOCAL Go~ CODE, as amended. SECTION 6. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the /~. day of cnm)v sim} muq,' vo t ATrEST: KATHLEEN ROACH, CITY SECRETARY 16 19312 APPROVED AS TO FORM: PETER G. SMITH, CITY ATTORNEY (REH/cdb 12/10/98) 17 19312 Appendix A Sample Tree Survey Conducted By Coppell Tree Board I Location Diameter Species ' ' Canopy ' Crown %'Live (Tree ~ (DBH) Points Class Crown 9' 81 7 inches Post Oak 12' 0' Intermediate 20% 3' 3' 82 10 inches Chitwood 18' 12' Suppressed 30% Gum 15' 12' #3 8.5 inches Post Oak 6' 3' Suppressed 15% 3' 10' #4 12 inches Po~t Oak 18' 9' Intermediate 50% 12' 9' #5 11 inches Post Oak 18' 13' Intermediate 50% 9' 9' #6 18 inches Post Oak 9' 20' CoDominate 60% 15' 15' #7 17 inches Post Oak 10' 15' CoDominate 70% 10' 6' #8 17 inches Post Oak 15' 12' CoDominate 60% 15' 15' /P3 18 inches Post Oak 20' 15' CoDominate 50% 12' 5' #10 16 inches Post Oak 12' 6' Intermediate 40% 10' 18' #11. 18 inches Post Oak 20' 9' Dominate 80% 15' 15' #12 13 inches Post Oak 12' 12' CoDominate 40% 9' 15' #13 15 inches Post Oak 17' 9' Dominate 90% 8' 13' #14 20 inches Post Oak 24' 7' Dominate 90% 20' #15 DEAD 14' #16 15 inches Post Oak 12' 15' Dominate 80% 15' Appendix A (continued) Sample Tree Survey //17 11 inches Post Oak 15' 10' CoDominate 50% 6' 0' //18 10 inches Post Oak 3' 8' Intermediate 25% 4' 0' //19 9 inches Post Oak 16' 12' Intermediate 25% 20' Sample Tree Survey Conducted at Area Adjacent and North of Overton Bank, Coppeil. ~ Approximate Size of Area: 15,000 so/ft. #5 //4 //3 82 //1 //7 //11 //12 West //10 East #17 //9 //18 //8 //16 #19 South Appendix B Hlustration of Methods of Tree Measurement ON A SLOPE IRREGULAR SWELLING (Requires Oiscretion) Unes of Measuremen'. .... i.. MULTI-STEMMED TREE LEANING TREE ' S~urce: COA Diameter Measurement: The diameter of the protected tree shall be measured as shown. The diameter of a muLti-trunk tree shall be determined by adding the total diameter of the largest trunk to ~'. the diameter of each additional trunk. Appendix C illustration of Canopy Types Crown class Js a description el~ ~he ~orrn of a tree relative to others in the stand, usually as domJnan~ (D), ccdominanl: (CO), intermediate (I) and suppressed (S). CO SU CO I O CO D ~dapted from the Hazard Tree Assessment Program. Recreation and Pa~ DepartmenL City of San Francisco. Live Crown Ratio is the ratio of the foliage canopy to the total height of the tree. Trees grown in stands usually have a lower live crown ratio than trees grown in the open. 80% 50% 30% 15% Adapted from A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas (2nd edition). N. Matheny and J. Clark. 1994. International Society of Arboriculture. Savoy IL. Appendix D Illustration of Typical Tree Structure and Physiology, · in particular focusing on the root system · '~ Appendix E -) ~ Illustraz,on of Acceptable Tree Protection Are,. k~encing Appendix F Illustration of Protective Signage TREE PROTECTION ZONE ZONA de CONSERVACI6N de ARBOLES Appendix G Illustration of Trenching versus Boring Appendix H Illustration of Me£hods to Ameliorate Grade Change 7 Appendix I Tree Removal Permit Application TREE REMOVAL PERMIT APPLICATION City of CoppeH, Texas . Date: Permit Number: (Ismed by City upon approval) Property Location: Applicant Name: Address: Phone: Property Owner Name: Contractor. TREE LOCATION/ID it ~ SPECIES REASON for REMOVAL Attach additional sheets as necessary. This application must be accompanied by a Plan or Preliminary Plat of the site. Proposed new development must attach a Tree Surv~. I understand this application is subject to all rules and regulations pertaining to Section 34-II of the Zoning Ordinance Code Book of the City of Coppell, Texas. Applicant Signature: For Staff Use Only Approved/Disapproved By: Date: Comments: Fee Paid: Receipt No. Appendix J 1.DETERMINATION of GROSS RETRIBUTION for PROTECTED TREES Determination in Inches: INCHES (DBtO of TREE REMOVED inches (DBH) times (x) I inch x 1" ~ , GROSS RETRIBUTION in INCttES (DBtO inches (DBH) Determination in Dollars: GROSS RETRIBUTION in INCHES (DBtO inches (DBH) times $100.00 x $100.00 GROSS RETRIBUTION in DOLLARS $ 2. DETERMINATION of GROSS RETRIBUTION for SPECIMEN and HISTORIC TREES Determination in Inches: INCHES (DBH) of TREE REMOVED inches (DBH) times (x) 10 inches x 10" GROSS RETRIBUTION in INCHES (DBH) inches (DBH) Determination in Dollars: The appraised value of the tree as determined by the Council of Landscaping Tree Appraisers (CLTA) Guidelines. Appendix K DETERMINATION of RETRIBUTION CREDITS Non-Residential Property o GROSS RETRIBUTION inches (DBH) minus (-) PRESERVATION CREDIT: Trees Preserved on Site inches (DBH) divided by (~-) Total Trees on S/re inches (DBH) Preservation Percentage % ..... times (x) Gross Retribution inches (DBH) PRESERVATION CREDIT inches 03BI-l) minu~ (-) LANDSC~G ClZ~:.r)IT - inches (DBH) NET RKTIZmUTION inches (DBH) times (x) $100.00 x $100.00 CONTRIBWIION to CITY of COPPKI~ RKFORKSTATION and NATURAL ARKA$ FUND Appendix L DETERMINATION of RETRIBUTION CREDITS Residential and Adjacent Non-residential Property GROSS TREE RETRIBUTION inches (DBH) minus (-) LANDSCAPING CREDIT - inches (DBH) NET RETRIBUTION ......... inches (DBI-I) -- times (x) $100.00 x $100.00 NET RETRIBUTION in DOEJ. akRS $ a"DEVELOPER~ ONLY** NET RETRIBUTION in DOLLARS $ minus (-) PARK IMPACT FEE CREDIT: Number of lots lots tim~s (x) Park lmpac~ Fee x $1285 (or current fee) PAKK IMPACT FEE CREDIT - $ CONTRIBUTION to CITY of COPPELL REFORESTATION and NATURAL AREAS FUND $