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(A) Exemptions. This subchapter does not apply to:
(1) Final plats. Any development that has received final plat approval prior to the effective date of this subchapter;
(2) Homeowners. The owner of property containing a single-family residence or duplex which has qualified for the homestead exemption up to three acres in size;
(3) Public property. All rights-of-way, easements or similar types of public property maintained by the city; and
(4) Utility property. All rights-of-way, easements or similar types of public property maintained by a public utility franchised by the city. Utility companies may prune trees as necessary to reestablish disrupted service or maintain existing service.
(B) Other exceptions. In the event that any protected 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 Building Official or his or her designee and the tree may then be removed without obtaining approval as herein required. Examples of this exception may include, but are not limited to:
(1) Damaged/diseased trees. The tree is dead, diseased or damaged beyond the point of recovery, or is in danger of falling;
(2) Public safety. The tree creates unsafe vision clearance or conflicts with other ordinances or regulations, or the tree is determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safely, or the tree poses an imminent or immediate threat to person or property; and
(3) Utility service interruption. When a tree has disrupted a public utility service either due to normal growth of the tree or as a result of a tornado, flood or other act of God, the tree may be removed as needed; however, removal shall be limited to the part of the tree which is found necessary to be removed to reestablish and maintain utility service.
(2005 Code, § 13-2-9) (Ord. 200825A, passed 8-25-2020)
All replacement trees shall be selected from the “Texas SmartScape” program database for the North Central Texas (DFW) region as published by the North Central Texas Council of Governments Regional Storm Water Management Program, and which may be amended from time to time. The Texas Smartscape Plant Database is located online at txsmartscape.com. Additional tree varieties may be approved by either city staff or the City Council.
(Ord. 200825A, passed 8-25-2020; Ord. 240312A, passed 3-12-2024)
(A) No person shall, unless exempted by this subchapter, without an approved permit from the city, do, or cause to be done by others, any of the following acts:
(1) Break, injure, deface, kill, or destroy a protected tree or allow any fire to burn where it will injure any protected tree;
(2) Allow any chemical, gas, smoke, salt brine, oil, pesticide, or other injurious substance to seep, drain, or be emptied upon, above, or below any protected tree;
(3) Excavate any ditch, tunnel, or trench, or fill within the drip line of any protected tree;
(4) Erect, alter, repair or raze any building or structure without placing suitable guards around all nearby protected trees which may be injured by such operations;
(5) Remove any guard or other device or materials intended for the protection of a protected tree or take away or obstruct any open space around the base of a protected tree designed to prevent soil compaction or physical damage; or
(6) Allow the topping of any protected tree.
(B) Violations.
(1) Any person, firm, or corporation violating any provisions of this subchapter shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a penalty of a fine not to exceed the sum of $2,000 for each offense, and each day such offense continues shall be deemed to constitute a separate offense.
(2) In addition to a fine, any violation of this subchapter shall also require replacement measures pursuant to this subchapter to offset the violation(s), which shall be determined by the City Council.
(Ord. 200825A, passed 8-25-2020)
(A) If a tree removal permit is denied, the Building Official shall provide written notification, including the reasons for denial, to the applicant.
(B) The applicant shall have 15 days from the time of the mailing of the aforesaid notice to file an appeal with the city concerning the denial of the tree removal permit by the Building Official. The City Manager or his or her designee shall then forward the appeal to the full Planning and Zoning Commission for a hearing to determine the facts and make a recommendation to the City Council. The final determination as to the tree removal permit rests with the City Council.
(Ord. 200825A, passed 8-25-2020)
(A) Whenever the Building Official, the City Manager or his or her designee determines that any permit, or variance or any action being taken thereunder, or any action under it without a permit, is in conflict with this subchapter or with the standards established by the city or any department thereof, or ordinance, regulation, or policy, the Building Official shall issue a stop-work order which shall prohibit any action thereunder.
(B) Such stop-work order shall set forth the alleged violations and may list remedies to be taken to correct the violations. The person receiving such a stop-work order shall report in writing to the officer, person or body issuing the order within 48 hours regarding the next steps to be taken to correct the violations.
(C) Such stop-work order may be extended to provide an opportunity for a hearing being extended to the affected party. During the period of such extension, the City Manager shall review the matter.
(D) A stop-work order issued pursuant to this section may be withdrawn by the Building Official upon a finding that the circumstances giving rise to the order no longer exist. Should the stop-work order remain in effect, the person receiving the order may petition for a hearing with the City Manager, and if the order is not lifted thereafter, the person may appeal to the City Council after receiving a recommendation from the Planning and Zoning Commission.
(Ord. 200825A, passed 8-25-2020)
PARKLAND DEDICATION AND DEVELOPMENT
(A) This subchapter is adopted to provide open space and recreational areas in the form of parks as a function of subdivision and site development in the city and its extra-territorial jurisdiction (ETJ). This subchapter is enacted in accordance with the home rule powers of the city granted under the Texas Constitution and the statutes of the state, including, but not by way of limitation, Tex. Local Gov’t. Code, Ch. 212 as may be amended from time to time.
(B) It is hereby declared by the City Council that open space and recreational areas in the form of trails, parks, and preserves are necessary for the health and welfare of the residents of the city, and that the only adequate procedure to provide for parks is by integrating such requirements into the procedure for planning and developing property or subdivisions in the city and its ETJ to accommodate the associated and proportionate impact on the parks and recreation system, whether such development consists of subdivision, new construction on vacant land, or rebuilding and remodeling of structures on previously developed property.
(C) Parks provide for a variety of indoor and outdoor recreational and healthy living opportunities and are located in various locations throughout the city. The land area of the city being less than 15 square miles shall be prima facie evidence that any park located therein is within a convenient distance from any residence located therein. The primary cost of purchasing or acquiring, developing, and improving parks shall be borne by the landowners of residential property or projects who, by reason of the proximity of their property to such parks, are the primary beneficiaries of such facilities.
(D) Due to the city’s small size, a typical park in the city is designed to serve the needs of residents from the entire community no matter where the park is or will be located in the city. Parks serve both active and passive leisure and recreation needs of residents and their visitors, in addition to serving the essential purposes of providing open space to maintain the rural character of the city as desired by the community. The purchase, acquisition, development, and improvement of the basic infrastructure and facilities for parks in the city are based upon the demand from the residents they are intended to serve.
(E) Recognizing that there are different sizes, scales, and types of park facilities, the required level of service contained herein has been designed based on the smallest of park facilities at existing level of service, a neighborhood park of two to ten acres, to meet the basic infrastructure and facilities standard. Any fees collected per these requirements can, however, be utilized in the purchase or acquisition of parkland, development, and/or improvement of any size or scale park facility in the city as planned for or recommended in the Parks, Recreation, and Trails Master Plan (expressly or via intent), as may be amended from time to time, which is hereby adopted by reference and incorporated herein for all purposes.
(F) Therefore, the following requirements are adopted to affect the purposes stated above.
(Ord. 180327B, passed 3-27-2018)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEVELOPER. Landowner(s) of the subject property containing a proposed development or project.
DWELLING UNIT. Any building or portion thereof, which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation as required by this code, for not more than one family. DWELLING UNITS include temporary or quasi-dwelling units such as suites within hotel or motel type uses, suites within senior care or assisted care type facilities, accessory DWELLING UNITS, and mobile or semi-mobile living facilities since they all house people who will impact the parks and recreation system.
MULTI-FAMILY RESIDENTIAL. Structure(s) or projects with more than one DWELLING UNIT on one lot or mixed-use structures containing at least one DWELLING UNIT. Includes two-family or duplex residential. Includes group or community home type uses. For purposes of this subchapter, structures that have restricted usage of one person per room (documentation must be provided with building permit application), dwelling unit count shall be assessed based on the number of rooms available for residential living, divided by the persons per household number stipulated in Appendix II to Ordinance 180327B, which is incorporated herein by reference, to ascertain the number of dwelling units to be utilized in determining dedication and/or fees required. MULTI-FAMILY RESIDENTIAL projects shall be assessed parkland fees and pay parkland fees of this subchapter prior to the issuance of a building permit.
PARK. Includes a variety of PARKS, trails, open spaces, natural preserves, gathering spaces, and recreational opportunities and facilities that are open and accessible to the general public and are located within a convenient distance of the residences to be served thereby.
RESIDENTIAL USES. Includes SINGLE-FAMILY RESIDENTIAL and MULTI-FAMILY RESIDENTIAL uses.
SINGLE-FAMILY RESIDENTIAL. Structure(s) with one dwelling unit on one lot, not to include mixed-use or live-work structures. Any one proposed lot containing only one proposed dwelling unit shall be assessed parkland fees and pay parkland fees of this subchapter prior to filing an associated plat for record.
(Ord. 180327B, passed 3-27-2018)
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