01-20-2005 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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• ZONING § 106-804 • (e) Trees in street .area. Before authorizing establishment or maintenance of tree or decorative landscaping, such as lighting or a watering system in a street area, the Building Official must be satisfied that TEX. TRANS. CODE, Chapter 316 has been complied with and also confirm there would. be no violation of the provisions relating to visibility triangles. Sec. 106-803. Protective Fencing. (a) Fences required. Unless otherwise specified in the tree disposition conditions, each protected .tree to be preserved must be fenced during development or pre-development activity. (b) Fence criteria. Unless the tree disposition conditions specify otherwise: 1) a six-foot or higher fence must surround each protected tree or group of trees, preventing people, machinery, trash, material, and other items from occupying the area within the protective fencing. 2) The fence must be constructed of durable, highly visible materials supported on poles firmly set in the ground. 3) The fence must be able to resist intrusions and impact likely to be encountered on a construction site. 4) The fence may incorporate existing fences or walls as well as temporary fencing. 5) Each fence must display a prominent warning sign. (c) Trash, storage prohibited. It shall be unlawful for any person to use the area within the protective fencing for trash disposal, storage, vehicle parking or any other use that could adversely affect tree roots. Sec. 106-804. Visibility Triangles. It shall be unlawful for any person to ,plant or maintain any .plant or ground cover within a visibility triangle, if the plant has a height greater than three feet above the street gutter flow line. It shall be unlawful for any person to plant or maintain a tree, which has branches or foliage within or above a visibility triangle at a height lower than fifteen feet above the street gutter flow line. The City may enter a visibility triangle and remove growths prohibited by this section, and there shall be no liability to others for taking or not taking such action.