HomeMy WebLinkAboutORD 1987-016 ORDINANCE NO. 87-16
AN ORDINANCE AMENDING ORDINANCE
N0. 82-73, THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF GRAPEVINE,
TEXAS, SAME BEING ALSO KNOWN AS APPENDIX
"D" OF THE CODE OF ORDINANCES OF THE CITY
OF GRAPEVINE, TEXAS, BY PROVIDING FOR
AMENDMENTS AND CHANGES TO ZONING
REGULATIONS BY AMENDING SECTION 52 IN ITS
ENTIRETY RELATIVE TO TREE PRESERVATION;
PROVIDING A PENALTY NOT TO EXCEED THE SUM
OF ONE THOUSAND DOLLARS ($1 , 000. 00) AND A
SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; PROVIDING A
SEVERABILITY CLAUSE; DECLARING AN EMER-
GENCY AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS :
Section 1 . That Ordinance No. 82-73, the Comprehensive
Zoning Ordinance of the City of Grapevine, Texas, same being also
known as Appendix "D" of the Code of Ordinances of the City of
Grapevine, Texas, is hereby amended in the following particulars,
and all other sections, subsections, paragraphs, definitions,
words and phrases of said Appendix "D" are not amended but are
hereby ratified, verified, and affirmed:
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A. That Section 52 relating to Tree Preservation be amended
��, in its entirety to read as provided in Exhibit "A" ,
attached hereto and incorporated herein for all purposes
by this reference.
Section 2 . Any person violating any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not to exceed One
Thousand Dollars ($1, 000. 00) for each offense and a separate
offense shall be deemed committed upon each day during or on
which a violation occurs or continues.
Section 3 . If any section, article, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereto
any person or circumstances is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of this ordinance;
and the City Council hereby declares it would have passed such
remaining portions of the ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 4 . The fact that the present ordinances and regu-
lations of the City of Grapevine, Texas , are inadequate to
""�� properly safeguard the health, safety, morals, peace, and general
welfare of the public creates an emergency which requires that
this ordinance become effective from and after the date of its
passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 17th day of March, 1987 .
APPROVED:
Mayor
ATTEST: �
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City Secretary
APPROVED AS TO FORM:
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City Attorney
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�f, EXHIBIT "A" TO
ORDINANCE NO. 87-16
SECTION 52: TREE PRESERVATION
�"""� A. PURPOSE• The purposes of this section are to establish rules and
reg�.�- �'ons gaverning the protection of trees and vegetati�n cover
within the City of Grapevine, to encourage the protec�;.'��i of
w�� healthy trees and vegetation and to provide for the replacement and
replanting of trees that are necessarily removed during
construction, develo�xnent or redevelopment.
The provisions of this section allow trees located within necessary
public rights of way and easements to be removed prior to issuance
of a building permit. Upon issuance of a building pezmit, trees
within the buildable area of a property may also be removed. Al1
other tree removal requires a tree perniit.
B. DEE'INITIONS: The follawing definitions shall apply to this chapter:
1, BUILDABLE AREA: That portion of a building site exclusive of
the required yard areas on which a structure or building
improvements may be erected, and including the actual
structure, driveway, parking lot, pool, and other construction
as shown on the site plan.
2. DRIP LINE: A vertical line run through the outermost portion
of the crcxnm of a tree and extending to the ground.
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3. HIS'I�ORIC TREE: A tree which has been found by the City to be
of notable historic interest because of its age, type, size or
historic association and has been so designated as part of the
�.,� official records of the City.
4. PERSON: Any corporation, partnership, association or other
artificial entity; or any individual; or any agent or employee
of the foregoing.
5. SPECIN�t TREE: A tree which has been determined by the City
to be of high value because of its type, size, or other
professional criteria, and which has been so designated as
part of the official records of the City.
6, TREE: Any self-supporting �roody perennial plant which has a
trunk diameter of three (3) inches or more when measured at a
point of four and one-half (4 1/2) feet above ground level and
which normally attains an overall height of at least twenty
(20) feet at maturity, usually with one (1) main stem or trunk
and many branches. It may appear to have several stems or
trunks as in several varieties of oak.
7, yp,RD AREA: The front, side and rear yard areas as required
under the ccanprehensive zoning code and the zoning district
�,x.� requirements applicable thereto.
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Section 52, Page 1
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C. APPLICABILITY: The terms and provisions of this section shall
apply to real property as follaws: '►+�'�"�
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1. Al1 real property upon which any designated specimen or
historic tree is located.
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2. All vacant and undeveloped property.
3. All property to be redeveloped, including additions and
alterations.
4. The yard areas of all developed property, �cluding developed
and awner-occupied. single-family residential property.
5. Al1 easements and rights-of-way except those included in a
plat appraved by City Council shall meet the terms and
provisions of this section.
D. TREE PRESERVATION PERMIT REQUIRID: No person, directly or
indirectly, shall cut dawn, destroy, remove or move, or effectively
destroy through damaging, any tree, specimen tree or historic tree
situated on property described above without first obtaining a tree
permit unless the conditions of Section 52.G-1 and 52.G-2 apply.
E. APPLICATION: Permits for removal, or replacement of trees covered
herein shall be obtained by making application on a form prescribed
by the City to the Director of Conmunity Develo�anent. The
""�`"` application shall be accanpanied by a preliminary plat showing the
exact location, size (trunk diameter and height) ca�ion name of all
trees to be removed. The application shall also be acccxnpanied by
a written doctmient indicating the reasons for removal or
replacement of trees and two copies of a legi.ble site plan drawn to
the largest practicable scale indicating the fallawing:
1. Location of all existing or proposed structures, improvements
and site uses, properly dimensioned and referenced to property
lines, setback and yard requirements and special relationships.
2. Existing and proposed site elevations, grades and major
contours.
3. Location of existing proposed utility easements.
4. The location of trees on the site to be removed, or replaced.
5. Tree information required above shall be sLmmarized in legend
form on the plan and shall include the reason for the proposed
remcsval, or replacement.
6. Application involving developed properties may be based on
drawings showing only that portion of the site directly
""°'� involved, adjacent structures, and landscaping or natural
grawth incidental thereto.
Section 52, Page 2
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7. Aerial photographs, at an appropriate scale, may be
��.� substituted, at the discretion of the Director of Con¢nunity
�velo�anent, for a site plan if adequate site infoxmation is
�-upplied on the aerial photographs. �
�'"" F. APPLICATION REVIEW: Upon receipt of a proper application, the
Planning and Zoning comnission shall review the application for new
subdivisions, the Director of Co�rnznity Develo�anent shall review.
applications for platted lots; said review may include a field
inspection of the site, and the application may be referred to such
Departments ad deemed appropriate for review and reco�ndations.
If the application is made in conjunction with a Site Plan
st,�kanitted for approval, the application will be considered as part
of the sit plan, and no permit shall be issued without site plan
approval. Following the review and inspection, the pennit
applications will be approved, disapproved, or approved with
conditions by the Planning and Zoning Comnission or Director of
Co�nunity Develo�xnent as appropriate, in accordance with the
provisions of this chapter.
G. TREE RIIKOVAL:
1. No tree or trees shall be removed prior to issuance of a
building permit unless one of the following conditions exist:
a. The tree is located in a utility or drainage easement or
� �• public street right-of-way as recorded on a plat approved
by the City Council. In the event that certain trees
outside the above areas or trees based partially outside
��' the easement are requested to be remaved to allaw the
operation of equi�anent, the applicant shall sukanit a Plat
and Site Plan which indicates the exact operation area
needed. The Director of Comcnulity Develognent may
approve selected removal under this condition.
b. The tree is diseased, injured, in danger of falling,
interferes with utility service, creates unsafe vision
clearance, or conflicts with other ordinances or
regulations.
c. Except for the above, under no circ�nstances shall there
be clear cutting of trees on a property prior to the
issuance of a building permit.
2. Upon issuance of a building permit, developer shall be allowed
to remove trees located on the buildable area of the
property. Trees located in req_uired yard areas, buffers and
open sgace areas shall be maintained. The buildable area
shall include sufficient adjacent area to allaw the nornial
operation of construction equi�anent.
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Section 52, Page 3
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H. RP�LACII�IT: In the event that it is necessary to remove tree(s)
outside the buildable area, the developer, as condition tox:::�iance
�- - of a tree removal permit, may be required to replace the tree(s)
being remaved with cc�nparable trees sanewhere within the site.
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A sufficient n�r of trees shall be planted to equal, in caliper,
the diameter of the tree reqnoved. Said replacement trees shall be
a miniirnun of 3" caliper and 7 feet in height when planted, and
shall be selected fr�n the list of approved Replacement Trees
maintained by the Director of Comrnanity Development as appraved by
the Planning and Zoning Conmission fran the rec�mendations of the
County F�tension Service.
At the time of application review, the person responsible for
replacement, time of replacement and location will be determined by
the Planning and Zoning Ca�nission.
I. TRF�E P�"rION. During any construction or land develo�xnent, the
developer shall clearly mark all trees to be maintained and all
such. trees or groups of trees. The developer shall not allaw�the
mov�nent of equipment or the storage of equipment, materials,
debris or fill to be placed within the dripline of any tree.
During the construction stage of develo�nent, the developer shall
not allaw cleaning of equipment or material under the canopy of any
tree or group of trees to remain. Neither shall the developer
allaw the disposal of any waste material such as, but not limited
�" to, paint, oil, solvents, asphalt, concrete, mortar, etc. , under
the canopy of any tree or groups of tree to remain.
�� No attachments or wires of any kind, other than those of a
protective nature, shall be attached to any tree.
J. EXCEPTIONS: In the event that any tree shall be determined to be
in a hazardous or dangerous condition so as to endanger the public
health, welfare or safety, and require i�diate removal without
delay, authorization may be given by the Director of Co�rninity
Development and the tree may then be removed without obtaining a
written permit as herein required.
During the period of an emergency such as a tornado, storm, flood,
or other act of God, the requirements of this Ordinance may be
waived as may be deemed necessary by the City Council.
Al1 licensed. plant or tree nurseries shall be ex�npt frcan the terms
and provisions of this section, only in relation to those trees
planted and growing on the premises of said license, which are so
planted and grawing for the sale or intended sale to the general
public in the ordinazy course of said licensee's business.
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Section 52, Page 4
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Utility c�ipanies franchised by the City may remove trees which
endanger public safety and welfare by interfering with utility
���# service, e�cept that where such trees are on owner-occupied
pro�ies developed for one-family use, disposal of such trees
shall be at the option of the property owner. �
K. EXET�'rION. Z'his ordinance shall not apply to any develoFanent which
has received final plat approval prior to the effective date of
this Ordinance. �
A permit shall not be required for a builder to satisfy final
grading standards of the building code of the City of Grapevine.
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Section 52, Page 5