HomeMy WebLinkAboutItem 07 - AM07-04 Tree PreservationAM07-04 Zoning Ordinance Amendments to Section 52, Tree Preservation
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1. ALLOWED PRUNING: The City may approve pruning of a Protected Tree in
cases where Protected Trees must be strategically pruned to allow
construction or demolition of a structure. All pruning of Protected Trees by
franchise utility companies to ensure the safe operation of utility services
shall be allowed. When allowed, all pruning shall be by approved
arboricultural techniques. This section is not intended to require a tree
permit for reasonable pruning performed or contracted to be performed by
the owner of the tree when unrelated to construction activity.
2. REQUIRED PRUNING: The owners of all trees adjacent to public right-of-
way shall be required to maintain a minimum clearance of fourteen feet (14')
ten foo+ (10') above the traveled pavement or curb of a public street. Said
owners shall also remove all dead, diseased or dangerous trees, or broken
or decayed limbs that constitute a menace to the safety of the public. The
City shall also have the right to prune trees overhanging within public right-of-
way which interfere with the proper spread of light along the street from a
street light or interfere with visibility of any traffic control device or sign or as
necessary to preserve the public safety.
3. TREE TOPPING: It shall be unlawful as a normal practice for any person,
firm or city department to top any tree. Trees severely damaged by storms
or other causes or certain trees under obstructions where other pruning
practices are impractical may be exempted from this ordinance at the
determination of the Director of Development Services.
L. 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 immediate removal without delay, authorization may be given by the Director
of Development Services 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.
All licensed plant or tree nurseries shall be exempt from 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 growing for the sale or intended sale to the
general public in the ordinary course of said licensee's business.
111505 9 Section 52
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING ORDINANCE
NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO
KNOWN AS APPENDIX "D" OF THE CITY CODE, BY
PROVIDING FOR AMENDMENTS AND CHANGES TO
ZONING REGULATIONS BY AMENDING SECTION 52 TREE
PRESERVATION; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, 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 City Code is
hereby amended in the following particulars, and all other sections, subsections,
paragraphs, definitions, words and phrases of said Appendix "D" and not amended but
hereby ratified, verified, and affirmed:
A. That Section 52.K.2.Tree Preservation is hereby amended to read as follows:
"Section 52.K.2. REQUIRED PRUNING: The owners of all trees adjacent to
public right-of-way shall be required to maintain a minimum clearance of
fourteen feet (14') above the traveled pavement or curb of a public street.
Said owners shall also remove all dead, diseased or dangerous trees, or
broken or decayed limbs that constitute a menace to the safety of the public.
The City shall also have the right to prune trees overhanging within public
right-of-way which interfere with the proper spread of light along the street
from a street light or interfere with visibility of any traffic control device or sign
or as necessary to preserve the public safety."
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 Two Thousand Dollars ($2,000.00) 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 or 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 regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its final 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 July, 2007.
ATTEST:
ORD. NO. 2