All developments which have not submitted final construction plans as of the effective date of this chapter shall be subject to the requirements for tree protection and replacement specified as follows.
(A) Residential developments. All areas within street right-of-ways, utility or drainage easements as shown on an approved final plat and areas designated as cut/fill on the master construction plan approved by the Landscape Administrator shall be exempt from the tree protection and replacement requirements specified herein. The developer may request the Landscape Administrator to allow trees within potential building pad areas be included in the exemption described herein. All other area shall be subject to these requirements.
(B) Non-residential development. All area within street right-of-ways, public utility or drainage easements as shown on an approved final plat, area designated as cut/fill on the master construction plan approved by the Landscape Administrator, plus fire lanes, parking areas and building pad as shown on an approved construction plan shall be exempt from the tree protection and replacement requirements specified herein.
(C) Gas well drilling and production facilities/natural gas pipelines. Facilities constructed for gas well drilling and production, such as drill sites, operation sites, compressor stations, frac ponds and access roads, and natural gas pipelines and their related surface appertances, shall not be exempt from the tree protection and replacement requirements of this chapter.
(D) Permit requirements. A tree-removal permit shall not be required for removal of a protected tree within an area noted in divisions (E)(1) and (E)(2) below, however a permit must be obtained prior to the removal of any other protected tree on the property.
(E) Landscape Administrator review.
(1) Residential development. A developer shall be required to furnish a digital copy of the proposed development showing all proposed improvements (e.g. right-of-ways, easements, lot patterns, cut/fill, etc.) with the submittal of a site plan, development plan, preliminary plat, or final plat, whichever occurs first. The digital copy shall use the North American Datum 1983 (NAD 83), Texas State Plane - North Central Zone (4202), United States, and providing a scale factor if a surface survey is used. The Landscape Administrator is authorized to require a tree survey meeting the requirements of Appendix D herein when determined to be needed to fully evaluate the impact on trees.
(2) Non-residential development. A developer shall be required to furnish a digital copy of the proposed development showing all proposed improvements (e.g. right-of-ways, easements, lot patterns, cut/fill, fire lanes, parking areas and building pads, etc.) with the submittal of a site plan, development plan, construction plan, plot plan or building permit application, whichever occurs first. The digital copy shall use the North American Datum 1983 (NAD 83), Texas State Plane - North Central Zone (4202), United States, and providing a scale factor if a surface survey is used. The Landscape Administrator is authorized to require a tree survey meeting the requirements of Appendix D herein when determined to be needed to fully evaluate the impact on trees.
(3) It is highly recommended that the developer consult with the Landscape Administrator and submit the required transparency or survey for review as early as possible so as to minimize changes in preliminary or final plats and to determine that there is adequate area for the proposed improvements after tree protection and replacement have been taken into consideration.
(4) The Landscape Administrator will evaluate the required transparency, survey or plan to determine that the developer has made a best good-faith effort at saving as many protected trees as possible. The Administrator will forward review comments to the Planning and Zoning Commission for consideration regarding denial or approval of the development. If the review involves a document that normally does not require the approval of the Planning & Zoning Commission, the Administrator will follow the procedures in division (E)(1) herein.
(F) Parking area. When a non-residential development consists of extra parking spaces beyond 110% of the minimum parking spaces required by the Zoning Ordinance, the developer shall be required to replace a percentage of the trees removed or make a payment into the Tree Restoration Fund. The replacement trees shall be calculated by multiplying the total diameter of trees removed in all parking spaces by the percentage of said extra parking spaces to the total number of parking spaces (i.e. total diameter of trees removed x extra parking spaces ÷ total parking spaces). The replacement trees shall be provided in accordance with § 99.37.
(Ord. 1220, passed 7-27-98; Am. Ord. OR-1785-10, passed 9-13-10)