HomeMy WebLinkAbout1550 FAILEDORDINANCE NO. 1550
AN ORDINANCE OF THE CITY OF EULESS, TEXAS, REQUIRING THE
CONSERVATION OF TREES BY REPEALING DIVISION 2 "TREE BOARD"
OF ARTICLE II "ADMINISTRATION" OF CHAPTER 54 "PARKS,
RECREATIONAL AND CULTURAL FACILITIES "; AND BY CREATING A NEW
DIVISION 3 "TREE CONSERVATION" IN ARTICLE VII "LANDSCAPING,
FENCES, WALLS, SCREENING AND OUTDOOR STORAGE
REQUIREMENTS" OF CHAPTER 84 "UNIFIED DEVELOPMENT CODE ",
PROVIDING FOR THE CONTINUANCE OF THE CITY OF EULESS TREE
BOARD; PROVIDING FOR THE ADMINISTRATION OF TREE REMOVAL
PERMITS, AND APPLICATION REQUIREMENTS; REQUIRING MITIGATION
FOR THE REMOVAL OF SPECIFIED TREES AND PROTECTION OF
CONSERVED TREES; PROVIDING INCENTIVES FOR THE CONSERVATION
OF TREES; AMENDING SECTION 30 -39 "PLANNING AND ZONING FEES"
OF CHAPTER 30 "FEES" OF THE CODE OF ORDINANCES OF THE CITY OF
EULESS, TEXAS, TO CREATE A TREE REMOVAL PERMIT FEE; PROVIDING
FOR ENFORCEMENT; PROVIDING A PENALTY OF UP TO $2,000.00 PER
DAY FOR EACH VIOLATION; AND AN EFFECTIVE DATE OF THIS
ORDINANCE.
WHEREAS the conservation of trees contributes to improving air quality;
WHEREAS trees preserve open space and provide more efficient drainage of land; thereby,
reducing soil erosion and the need for additional drainage facilities;
WHEREAS trees add dollar value to residential and commercial properties; and
WHEREAS trees help attract new residents and businesses to a community by improving the
community's image; and
WHEREAS the preservation of natural features, including trees, maintains the unique
character of a place; and
WHEREAS trees help conserve energy by providing shade which cools the air and reduces the
need for air conditioning; and
WHEREAS the citizens of Euless have long valued trees as a natural and often irreplaceable
community resource and recognize them as assets for their beauty and service; and
WHEREAS the City Council of the City of Euless has determined that tree conservation is
necessary for the health, safety, and general welfare of its citizens; and
WHEREAS the City of Euless desires to participate in the "Tree City USA" program;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS,
TEXAS:
SECTION 1
THAT Division 2 "Tree Board" of Article II "Administration" of Chapter 54 "Parks, Recreational
and Cultural Facilities" of the Code of Ordinances of the City of Euless, Texas, be hereby
repealed.
SECTION 2
THAT Subsection (b) "Definitions" of Section 84 -7 "Definitions and word usage." of Article I
"General Provisions" of Chapter 84 "Unified Development Code" of the Code of Ordinances of
the City of Euless, Texas, be amended as follows:
Add the following definitions:
Buildable Footprint shall mean the area encompassed by the slab, or foundation, of
impervious paving on which a building is placed.
Building Area shall mean that portion of a building lot or site not within the required yard
areas or those areas identified on the approved site plan as necessary for the
construction of other improvements such as driveways, parking areas, sidewalks, pools,
tennis courts and accessory buildings, including sufficient adjacent area to allow the
normal operation of construction equipment.
Crown of a tree includes branches, stems, buds, fruit, and leaves of a tree.
Caliper of any tree, either existing or proposed, shall be determined by measuring the
trunk caliper (diameter) 4.5 feet from the existing grade. For a tree that splits into
multiple trunks less than 4.5 feet from the existing grade, the caliper is the greater of
the following measurements: the diameter measured just below the trunk split or, the
sum of the diameter of the largest trunk plus half the diameter of each additional trunk.
Permeable means capable of having liquid diffuse through or penetrate.
Add the following definitions after the definition for "Tree ":
Historic Tree means a tree near or on which a historic (i.e. important, famous, decisive,
significant) event has taken place, that is designated by City Council Resolution as a
Historic Tree.
Protected Tree means any large tree that is
is 12" caliper and meets the criteria listed
(Tree Removal Permits). Historic, Trophy,
Protected Trees.
18" caliper or greater or any small tree that
in Article VII, Division 1A, Section 84 -372
Specimen, and Street Trees are types of
Specimen Tree means an individual tree, or a tree within a group of trees, that has a
significant location for purposes of erosion control or habitat provision or demonstrates
significant features unique to its species of trees.
Street Tree means a tree on land between the curb or edge of pavement and the
property line adjacent to a public or private street (that is, on the area of land also
known as the parkway or street yard).
Ordinance No. 1550, Page 2 of 13
Trophy Tree means any large tree that is 36" caliper or greater, and any small tree that
is 20" or greater (See the "Desirable Trees List" described in Section 84- 334(o) for
designation of trees as "large" or "small "), that is designated by the Administrator as a
"Trophy Tree ".
SECTION 3
THAT Section 84 -334 "Landscaping standards for other than one- and two- family dwellings" of
Division I "Generally" of Article VII "Landscaping, Fences, Walls, Screening, and Outdoor
Storage Requirements" of Chapter 84 "Unified Development Code" of the Code of Ordinances
of the City of Euless, Texas, be amended as follows:
Amend Subsection (n) by removing the Large Tree list and the Small Tree list from the
"Recommended Plants" table contained therein.
Add the following new Subsection (o):
(o) Desirable trees. The Administrator is hereby empowered to create and maintain a
list of Desirable Trees. All trees used to satisfy the requirements of this chapter
must be from the Desirable Trees list unless the Administrator approves proposed
alternatives for specific projects and locations.
DESIRABLE TREES
Common Name Botanical Name
LARGE TREES
Caddo Maple
Big Tooth Maple
River Birch
Pecan
Deodar Cedar
Ginkgo
Sweetgum
Southern Magnolia
Afghan Pine
Slash Pine
Loblolly Pine
Chinese Pistachio
Callery Cultivars (ex.Adstocrat,
Bradford, Capitol, and
Cleveland Pears)
Bur Oak
Chinquapin Oak
Water Oak
Texas Red Oak
Southern Live Oak
Western Soap Berry
Bald Cyprus
Cedar Elm
Ordinance No. 1550, Page 3 of 13
Acer barbatum 'Caddo'
Acer grandidentatum
Betula nigra
Carya illinoiensis
Cedrus deodera
Ginkgo biloba
Liquidamber styraciflua
Magnolia grandiflora
Pinus elderica
Pinus ellioti
Pinus taeda
Pistachia chinensis
Pyrus calleryana (ex. bradfordi,
aristocrat, capitol, and
clevelandi)
Quercus macrocarpa
Quercus muhlenbergi
Quercus nigra
Quercus shumardi or texana
Quercus virginiana
Sapindus drummondi
Taxodium distichum
Ulmus crassifolia
Lacebark Elm Ulmus parvifolia
SMALL TREES
Redbud
Cercis canadensis
Desert Willow
Chilopsis linearis
Flowering Dogwood
Corpus florida
Hawthorn
Crataegus spp.
Arizona Cypress
Cupressus arizonica
Rose of Sharon
Hibiscus syriacus
Yaupon Holly
Ilex vomitoria
Blue Point Juniper
Juniperus chinensis
Eastern Red Cedar
Juniperus virginiana
Goldenrain Tree
Koelrueteria paniculata
Crape Myrtle
Lagerstroemia indica
Saucer Magnolia
Magnolia soulangiana
Japanese Black Pine
Pinus thunbergi
Mesquite
Prosopis glandulosa
Mexican Plum
Prunus mexicana
Purpleleaf Plum
Prunus cerasifera
SECTION 4
THAT Article VII "Landscaping, Fences, Walls, Screening and Outdoor Storage Requirements"
of Chapter 84 "Unified Development Code" of the Code of Ordinances of the City of Euless,
Texas, be amended by the addition of a new Division 3 'Tree Conservation" to hereafter read
as follows:
DIVISION 3. TREE PRESERVATION
Section 84 -370 Purpose
This Division establishes rules and regulations governing the preservation of trees within the
City limits, in order to further the accomplishment of the land use goals of the City of Euless,
Texas, by:
(a) Preventing the clear cutting of land.
(b) Encouraging the property owner to recognize the value of certain size and species
trees and vegetation and be prudent and conscientious in site layout such that the
removal of trees is minimized.
(c) Establishing a process for the City to consider adjustment of development standards
that do not pose a life /safety risk or other incentives to preserve protected trees.
(d) Providing for the replacement and replanting of trees that are necessarily removed
during construction, development, or redevelopment.
Section 84 -371 Administration
Ordinance No. 1550, Page 4 of 13
(a) Wont Usage In the interpretation of this Division, the term "Administrator' shall mean the
Administrator or the Administrators designee, and the term "Euless Tree Board" shall mean
the Euless Tree Board or its designee.
(b) Administrator The City Manager shall designate the Director of Planning and Development
as Administrator of this Division. The Administrator is hereby authorized to issue citations
as described in Section 84 -377 (Enforcement) below. Appeals of the Administrators
decisions and variances to the requirements of this Division shall be considered by the
Zoning Board of Adjustment as required by Section 84 -27 of the Code of Ordinances.
(c) Tree Steward The Tree Steward shall be the Director of Community Services or his
designee. The Tree Steward shall administer funds in the Euless Tree Fund with the
approval of the Euless Tree Board.
(d) Euless Tree Board The members of the Park and Recreation Board of the City of Euless
shall serve as the City of Euless Tree Board. The Board shall choose its own officers,
make its own rules and regulations, and keep a record of its proceedings. A majority of the
members shall constitute a quorum for the conduct of business.
(1) Members of the Euless Tree Board shall serve without compensation.
(2) The Euless Tree Board and the Tree Steward shall evaluate annually the impacts of
the Tree Conservation Ordinance on public rights -of -way.
(3) The Euless Tree Board, upon advice by the Tree Steward, shall determine the
amount per required replacement tree to be paid into the Euless Tree Fund when
payment is approved by the Administrator as an alternative to planting as described in
Section 84 -374. The amount shall approximate the average local cost of a "typical"
replacement tree (such as an oak), including the cost of planting and a guarantee.
(4) The Euless Tree Board, upon advice by the Tree Steward, shall have authority over
the planting, pruning, and removal of all protected trees located within the street
rights -of -way, easements, alleys, and parks of the City of Euless.
(5) It shall be unlawful for any person to prevent, delay, or interfere with the Euless Tree
Board, or its authorized Agent, while engaging in the planting, cultivating, mulching,
pruning, spraying, or removing of any tree as authorized in this Article.
(6) Decisions of the Euless Tree Board may be appealed to the City Council, who may
hear the matter and make the final decision.
(e) Euless Tree Fund The Administrator will determine for each Tree Removal Permit whether
replacement on or off the site (see (b) Planting Alternatives) or payment into the Euless
Tree Fund is appropriate for that site. The Euless Tree Board, upon advice of the Tree
Steward, shall determine the amount per required replacement tree to be paid in to the
Tree Fund. All fines, penalties, or payments required or permitted under this Division (less
state court costs) shall be paid to the Euless Tree Fund, except for Tree Removal Permit
fees, which shall be paid to the City of Euless Planning and Development Department to
partially cover administrative costs. The Euless Tree Fund shall be used only for
purchasing and planting trees on public property, acquiring wooded property to remain in a
Ordinance No. 1550, Page 5 of 13
natural state for perpetuity, or preserving Historic, Trophy, or Specimen trees through the
purchase of land.
Section 84 -372 Tree Removal Permits
(a) Tree Removal Permit Required All conditions and requirements of this Division shall apply
to protected trees as defined in Section 84- 372(c) (Protected Tree Definition) below. No
person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy
through damaging, any protected tree situated on property in the city limits of Euless,
Texas, without first obtaining a Tree Removal Permit unless otherwise specified in Section
84- 372(d).
Tree Removal Permits for Historic or Trophy Trees can be approved only by City Council. The
Administrator may approve all other Tree Removal Permits.
(b) Period of Validity Tree Removal Permits issued in conjunction with a Building Permit, Site
Plan, or Preliminary Plat shall be valid for the same period of validity as the Building Permit
(180 days from date of most recent inspection), Site Plan (one year), or Preliminary Plat
(two years) in conjunction with which the Tree Removal Permit was issued. Tree Removal
Permits issued alone shall become void 180 days after the issue date of the Permit.
(c) Protected Tree
Applicability. The terms and provisions of this section shall apply to real property within
the City of Euless corporate limits as follows:
(1) All real property upon which any protected tree is located, excluding developed one -
and two-family residential property.
(2) All vacant and undeveloped real property.
(3) All real property to be subdivided or re- subdivided, including record plats and replats.
(4) The yard areas of all developed property, excluding developed single family and two-
family residential properties.
(5) All easements and rights -of -way.
(6) Removal of an Historic or Trophy Tree on any property requires City Council approval.
Criteria: A protected tree shall be any existing living tree of a species or type listed in
Section 84 -334 Subsection "O" and that has or possesses each of the following
characteristics:
(1) Any tree that is an 18 inch caliper or greater, measured at four and one -half feet
above grade level, or a multi -trunk having a total caliper width of 24 inches. The total
caliper of a multi -trunk tree is the sum of the diameter of the largest trunk plus half the
diameter of each additional trunk.
Ordinance No. 1550, Page 6 of 13
(2) A tree of any size that is designated by the City Council as an "Historic Tree" because
a historic (i.e. important, famous, decisive, significant) event has taken place on or
near the tree.
(3) A tree of any size that is designated by the Administrator or the Tree Agent to be a
"Specimen Tree or a Trophy Tree ".
(d) Exceptions
(1) Developed One- and Two- Family lots which are on a recorded Final Plat are exempt
from all requirements of this Division. (Removal of an Historic or Trophy Tree
requires City Council approval).
(2) New developments for which a Preliminary Plat, Site Plan, or Construction Plans
have been approved as of the effective date of this division are exempt from all
requirements of this Division until a Certificate of Occupancy is issued.
(3) All licensed plant or tree nurseries that hold a current Nursery/Floral License from
the Texas Department of Agriculture are exempt from the requirements of this
Division only in relation to trees planted on the licensed premises which are intended
for wholesale or retail sale in the course of the licensee's business.
(4) For recreational property or uses, such as golf courses, ball fields, etc., including the
buildable area of the property, but shall not include the portion of the property
necessary for the construction of the recreational improvements.
(5) Tree removal in publicly owned easements, parks and park facilities including (golf
courses) requires the approval of the Euless Tree Board and the Tree Agent.
(6) Trees which have interrupted public utility service due to the effects of extreme
weather are exempt from tree permit, tree protection, and tree replacement
requirements of this Division; however, removal shall be limited to only that portion
of the tree which prohibits the safe functioning or repair of a service line or facility, or
creates an imminent danger to private property.
(7) Tree removal in publicly owned rights -of -way required in order to maintain visibility
triangles (See Section 84- 442(15) or necessitated by the construction or
reconstruction of roadways, drainage facilities, water facilities, wastewater facilities,
or traffic signals.
(8) City Council may approve the removal of Historic or Trophy Tree (s) based on such
factors as potential human health, safety problems, or a hazard to a structure that
could cause damage or create a financial hardship or inability to obtain insurance, or
if the tree was diseased.
Section 84 -373 Application Requirements
(a) Tree Removal Permit Applications If protected trees are to be removed, all Preliminary
Plats, Site Plans, Construction Plans, and Building Permit applications must be
accompanied by a Tree Removal Permit application form and a Landscape Plan containing
Tree Survey Graphic information. All Tree Removal Permit applications submitted without
Ordinance No. 1550, Page 7 of 13
other development submittals must also include the application form and Tree Survey
Graphic. The Administrator or City Engineer may approve exceptions to the requirement
for a Tree Survey, required methods used in conducting the Tree Survey, or information
required to be contained within the Tree Survey.
(b) Tree Survey Requirements are contained in Section 84-335 and shall be obtained from an
on the ground survey. The information from the Tree Survey shall be included in the
Landscape Plan.
(c) Application Forms The application form shall include the following:
(1) The following statement signed by the applicant: "I hereby certify that this application
meets the requirements for tree conservation in the Unified Development Code of the
City of Euless, Texas, and further certify that all construction pertaining to this project
shall meet the requirements contained therein."
(2) Written description of the protected trees to be removed, with an inventory count of
the type of species and the total caliper inches removed.
(d) Variance Appeal Requirements If a Tree Removal Permit application for removal of
Protected Tree(s) is denied by the Administrator, the applicant may appeal the decision or
apply for a variance within 15 days of the denial. Appeals of the Administrators decisions
and variances to the requirements of this Division regarding Protected Trees shall be
considered by the PLANNING AND ZONING COMMISSION, and a recommendation
forwarded to the CITY COUNCIL for final disposition.
Section 84 -374 Replacement Requirements /Mitigation for Removal
(a) Replacement Requirements The number of caliper inches that must be mitigated will be
determined by multiplying the total caliper inches of protected trees removed, destroyed, or
effectively destroyed.
(1) For New Commercial and Residential Development and Yard Areas of Existing Commercial
Development
(a) For every one (1) caliper inch of Protected Trees removed, destroyed, or effectively
destroyed, the number of replacement trees must equal 0.75 caliper inch and each
additional incremental part thereof.
(2) For New Commercial and Residential Development and Yard Areas of Existing
Development and Vacant and /or Undeveloped Parcels
(a) For every one (1) caliper inch of Historic, Trophy, or Specimen trees removed,
destroyed, or effectively destroyed, the number of replacement trees must equal 2.0
caliper inch and each additional incremental part thereof.
Protected trees must be replaced with trees of the same species if the species of the
protected tree is listed on the "Desirable Trees" list described in Section 84- 334(o). If
the protected tree is not of a species on the `Desirable Trees" list, the Administrator
may consider alternative plantings that have been adapted to the area.
Ordinance No. 1550, Page 8 of 13
Replacement trees shall be:
(1) At least 3 inch caliper, balled and burlapped or container grown, at time of planting.
(2) Planted with earthen tree wells for water retention.
(3) Staked to maintain their vertical position (until the root system is established).
(b) Planting Alternatives If the permeable surface on a site is determined by the Administrator
to be inadequate to support the viability of all the required and retained trees on the site,
the Administrator may approve any combination of an alternative planting location on
property owned by the City of Euless, or shall require payment into the Tree Fund for each
replacement tree in the amount determined annually by the Euless Tree Board as
described in Section 84- 371(d)(3).
(c) Maintenance All trees shall be maintained in a healthy condition according to the seasons
of the year. If a tree required by this Article dies, it shall be replaced according to the
replacement conditions of this Article. All landscaping shall be maintained according to
Section 84 -334 (k) Maintenance.
(d) Preservation Standards If the Administrator determines that any of the following apply to a
tree, it might not be considered preserved, and the requirements for its replacement may
apply.
(1) More than 25% of the area within the drip line has been disturbed.
(2) More than 25% of the tree's crown has been trimmed.
(3) In the Administrator's and /or Tree Steward's professional judgment, the tree has been
damaged to the extent that it will not remain reasonably healthy for more than two
years in the future.
Section 84 -375 Protection During Construction
(a) Exhibits Required Construction Plans shall contain exhibits showing:
(1) Methods to be used for protection of trees from construction activities, with
dimensions of protective devices, and location of protected trees. Protected trees to
be removed shall be graphically differentiated from those that are to remain. A plus
( +) character shall indicate trunk location, and a surrounding circle shall represent the
approximate crown size. All protected trees shown on the plan shall be marked with a
designation that links each tree to a table that includes the common name, botanical
name, caliper inches, and approximate crown size of each protected tree.
(2) Methods to be used in planting new trees or transplanted trees, with dimensions of
the planting space as well as the common name, botanical name, and caliper inches
of each newly planted tree.
(b) Construction Activities Prior to construction or land development:
Ordinance No. 1550, Page 9 of 13
(1) The Administrator shall approve any construction activity within the drip line of a
Protected Tree, as identified in this division.
(2) All existing trees, including Protected Trees, that are to remain in place shall be
clearly marked at least 4.5 feet but not more than 8 feet from the ground with brightly
colored tape or ribbon surrounding the trunk of the tree.
(3) A removable fence shall be placed outside the drip line of all Protected Tress and
other existing trees to be retained, completely encircling the tree. This fence shall be
marked with signs that state "No Construction Activity".
(4) No equipment shall be serviced, moved, stored, or cleaned within the drip line of any
trees to be retained, except that brush and ground cover may be removed one time
during construction.
(5) No materials, including but not limited to liquids, shall be stored or disposed of within
the drip line of any trees.
(6) Nothing shall be attached to any tree except for the required tape or ribbon.
(7) Irrigation of trees is permitted within the drip line of the trees. Irrigation systems shall
be designed in such a way to minimize any necessary trenching.
(c) Work Within a Drip line When site constraints necessitate grade changes or utility work
(including trenching for public utility purposes) within the drip line of a protected tree, upon
written approval of the Administrator such changes or work may be performed, but only
according to the following requirements. Any such work performed within the drip line of a
protected tree without following these requirements shall mandate that the tree is no longer
considered preserved, and must be transplanted or replaced according to the conditions of
this article.
(1) Any activity within the drip line of a protected tree - To protect the bark of affected
trees the entire circumference of the tree's trunk shall be enclosed with lumber or
other inflexible surface. Such protective measures shall not be attached to the tree in
any way.
(2) Grade Changes - 100 % of the area within the drip lines of protected trees must be left
at natural grade. With major grade changes of six inches or greater, a retaining wall or
tree well of rock, brick, landscape timbers or other approved materials shall be
constructed around the tree no closer than the drip line of the tree. The top of the
retaining wall or tree well shall be constructed at the new grade.
(3) Boring - The maximum total length of bores under any single protected tree shall be %
of the diameter of the tree's drip line, and the minimum depth of such bores shall be
24 inches.
Section 84 -376 Incentives
(a) Modification of Development Standards The following development standards varied or
other requirements waived, with the recommendation of the Planning and Zoning
Commission and approval of the City Council, or through the approval of a Planned
Ordinance No. 1550, Page 10 of 13
Development, in order to preserve a larger number of trees on a piece of property than
would otherwise be possible, or in order to compensate for a denied request for the
removal of Historic, Trophy, or Specimen Trees.
(1) minimum parking requirements;
(2) minimum lot size requirements (possibly by averaging lot sizes for a subdivision
instead);
(3) maximum building height restrictions;
(4) minimum setback requirements;
(5) sign placement requirements;
(6) maximum density restrictions;
(7) sidewalk size or placement requirements;
(8) minimum standard pavement width requirements; and,
(9) waiver of development related fees, except Impact Fees.
(b) Modification of Utility Placement or Easements The following may be allowed, with the
approval of the City Engineer, in order to preserve a larger number of trees on a piece of
property than would otherwise be possible, or in order to compensate for a denied request
for the removal of Historic, Trophy, or Specimen Trees.
(1) elimination of rear yard utility easement requirement (Ord. 1371 requires TXU
Transformers to be in rear of lots).
(2) placement of sewer lines under streets.
Section 84 -377 Enforcement
(a) Development Agreements All Development Agreements shall state that all construction
activities shall meet the requirements of this Division.
(b) Building Permits No Building Permit application shall be requested unless the applicant
signs the agreement in the permit request stating that all construction activities shall meet
the requirements of this Division.
(c) Acceptance and Certificates of Occupancy No Acceptance of Public Improvements and no
Certificate of Occupancy shall be requested until:
(1) All fines for offenses under this Division have been paid to the Euless Tree Fund or
otherwise disposed of through the Municipal Court; and
(2) All required replacement trees have been planted or required payments have been
made to the Euless Tree Fund. Due to planting season considerations, Public
Improvements can be accepted or a Certificate of Occupancy authorized before
Ordinance No. 1550, Page 11 of 13
replacement trees have been planted if a fiscal security (escrow payment or
irrevocable letter of credit) with a one year guarantee is posted for each tree in the
amount listed for a replacement tree on the fee schedule published annually by the
Euless Tree Board.
(d) Immediate Response to Violations The Administrator has the authority to place a Stop
Work Order on any activity that is in violation of this Division. All Permits and Certificates
of Occupancy may be denied or revoked for any site that is not in compliance with this
Division.
(e) Offense Defined Each protected tree removed without a permit and each protected tree
that is damaged to the extent that the Administrator believes that the tree will not live for
more than two years shall be considered a separate offense under this Division. Each and
every day that the violation of any condition or requirement of this Division is continued
shall constitute a new and separate offense of this Division.
(1) Penalties Violators will be fined not less than $500 or more than $2000 for each
offense hereunder. In addition, offenses that involve the unauthorized removal or
effective removal through damage of a protected tree shall cause the replacement
requirements of this Division to be in effect. The Tree Steward shall determine the
caliper inches of the protected trees removed based on evidence and the Steward's
own knowledge of the site, and shall place in writing the basis on which this
determination is made. This determination shall be used in calculating the caliper
inches required for replacement. For purposes of determining the caliper inches of a
Protected Tree removed without authorization, the following formula may be utilized
when applicable: trunk diameter at four and one -half (4.5) above ground level x .75 =
caliper inches. For purposes of determining the caliper inches of an Historic or Trophy
Tree, the following formula mat be utilized when applicable: trunk diameter at four and
one -half (4.5) above ground level x 2.0 = caliper inches.
SECTION 5
THAT Section 30 -39 "Planning and Zoning Fees" of Chapter 30 "Fees" of the Code of
Ordinances of the City of Euless, Texas, be amended by the addition of the following fees:
(8) Tree Removal Permit $275
SECTION 6
RELATIONSHIP TO OTHER LAWS If this Ordinance imposes a greater restriction upon land,
buildings, or structures than is imposed by other ordinances, covenants, restrictions, or
agreements, then the provisions of this Ordinance shall govem. If other ordinances are stricter
than this Ordinance, then the more strict provisions shall prevail.
REPEAL OF CONFLICTING ORDINANCES All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of conflict only.
SEVERABILITY It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any
section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared invalid or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
Ordinance No. 1550, Page 12 of 13
invalidity or unconstitutionality shall not affect any of the remaining sections, paragraphs,
sentences, clauses, and phrases of this Ordinance, since the same would have been enacted
by the City Council without the incorporation in this Ordinance of any such invalid or section,
paragraph, sentence, clause, or phrase.
SAVINGS All chapters of the Code of Ordinances of the City of Euless, Texas, as amended,
shall remain in full force and effect, save and except as amended by this Ordinance.
EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage
and publication as provided by the Euless City Charter and the laws of the State of Texas.
PRESENTED AND GIVEN FIRST AND FINAL READING and approved at a regular meeting of
the Euless City Council on the 27`h day of August, 2002, by a vote of _ ayes, _ nays,
and abstentions.
APPROVED:
Mary Lib Saleh, Mayor
ATTEST:
Susan Crim, CMC, City Secretary
APPROVED AS TO FORM:
Bob McFarland, City Attorney
Ordinance No. 1550, Page 13 of 13