11-21-19 Regular Meeting of the Planning and Zoning Commission

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(a) Replacement trees required. Tree disposition conditions and tree permit authorizing removal of or damage to protected trees shall normally require replacement by one or more newly planted trees on the same subject site. If this is not feasible, the owner or developer must plant and maintain off -site replacement trees in reasonable proximity to the subject site. (b) Number of replacement trees. For each qualifying protected tree removed from the site, one replacement tree must be planted on the subject site. If this is not feasible, the applicant may, upon approval by the director, plant and maintain off -site replacement trees in accordance with this section, or alternatively, contribute to the city's tree fund. (c) Minimum size. Replacement trees must normally have a trunk caliper of at least two inches measured six inches from the ground, with the exception of replacement trees installed on properties in any designated industrial zone district, in which case the trunk caliper shall be a minimum of four inches as measured six inches from the ground. The enforcement officer may prescribe a proportionally smaller trunk caliper for certain species of trees, i.e. Crepe Myrtle. (d) Qualified trees. To be a "qualified tree", a tree must comply with the recommended tree list "native or protected" of the city. (e) Standard of review. The enforcement officer shall use reasonable best efforts to determine the type and number of replacement trees required in an attempt to minimize undue burden resulting from this section. (f) 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 V.T.C.A. Transportation Code, ch. 316 has been complied with and also confirms there would be no violation of the provisions relating to visibility triangles and future overhead obstruction. (g) Single family lots. The provisions of this section are not applicable to individual single family lots. See. 106 8438PC15. - Tree fund. There is hereby established a tree fund, which shall be administered by the director of parks and recreation or his/her designee. All revenues, mitigation fees, and penalties received pursuant to this section, or for the enforcement thereof, and any donations or grant monies received to achieve the purpose of tree preservation or replacement, shall be deposited into the tree fund. Monies in the tree fund may be used to purchase trees required for replacement but may not be used in any manner that will profit the grantee. Tree replacement fee shall be calculated at the rate of $250.00 per tree. The amount paid to the tree fund shall be applied at a maximum of $2,500.00 per acre (or fraction thereof) with a maximum total payment of $100,000.00 per development. The owner or developer of any lot or tract of land required to replace trees in accordance with this chapter may, as an alternative, and upon approval by the city, pay a prescribed fee/amount into the tree fund in accordance with the following conditions: (1) Residential and non-residential site plans/plats. Payment to the tree fund must be received by the city prior to the approval of the development site plan and/or final plat approval by the planning and zoning commission. (2) Building permits not requiring site plans/plats. Payment to the tree fund must be received by the city prior to the issuance of a building permit. See. 106-804 8PC16, - 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: