Loading...
a. Classification of Nonconforming Developments
Land developed with a building or structure, which is in lawful use at the effective date of this code, which was in lawful use as of September 9, 1992, and land, which does not conform to the landscape requirements of this code, but is subsequently annexed to the city, will have non-conforming use status with respect to this code.
b. Regulation of Nonconforming Developments
1. The lawful use of a building or other development as described in subsection A above may be continued although such development does not comply with the landscape requirements herein. However, voluntary compliance with these landscape requirements and landscape enhancement is encouraged.
2. The repair or restoration of a building or other development to its prior condition after being damaged or destroyed by fire, explosion, wind, flood, tornado or other accident or weather phenomena, will not require that such building or other development comply with the landscape requirements of this code, provided a building permit for the repair or restoration is obtained within 12 months of the date the damage occurred.
3. The expansion of an existing building, or the construction of one or more additional buildings on the same lot as the existing building, will not require compliance with the landscape requirements of this code provided:
(a) That the expansion of the existing building or the construction of the additional building(s) will not result in the encroachment of any wall building line into an existing street yard; or
(b) Where the expansion of the existing building or construction of any additional building(s) will result in the encroachment of a wall building line into an existing street yard, the gross floor area (GFA) of the addition, or the total gross floor area of all buildings to be constructed in the street yard, must not exceed 25 percent of the GFA of the existing building. (Ord. No. 0-98-90, 11/18/98) (Ord. No. 0-2002-46, 10/09/02)
4. Regardless of any exemptions in part 3, non-conforming developments which
contain parkways with impermeable surfaces shall be planted with grass or other typical permeable landscaped ground cover and left unpaved except for sidewalks and driveways with any expansion of existing buildings or construction of new buildings in the street yard. The established Master Street Plan right-of-way width will determine the maximum parkway width for the purposes of this requirement. (Ord. No. 0-2018-83; 10/24/18)
contain parkways with impermeable surfaces shall be planted with grass or other typical permeable landscaped ground cover and left unpaved except for sidewalks and driveways with any expansion of existing buildings or construction of new buildings in the street yard. The established Master Street Plan right-of-way width will determine the maximum parkway width for the purposes of this requirement. (Ord. No. 0-2018-83; 10/24/18)
Sec. 10-301. Tree Preservation Requirements
a. Applicability
The requirements of this code regarding clearing of land without a building permit will apply to all land within the city limits, as now or hereafter set, in all multifamily, commercial, office, and manufacturing districts.
b. Trees in Agricultural Zone
There is no tree preservation requirement in the Agricultural Zone.
c. Existing and Approved Right-of-Way, Shared Access Easements, and Public Easements
All construction and maintenance activity within existing or approved (as shown on an approved preliminary plat) public right-of-way, shared access easements, or easements are exempt from the requirements for tree protection and replacement specified herein. (Ord. No. 0-2014-97; 10/22/14)
d. Other Government Entities
The tree preservation requirements apply to all private and institutional developments and all development on city property, including properly within the MU-O Municipal Use Overlay District. The requirements do not apply to property owned by other governmental entities or taxing entities. However, voluntary compliance is encouraged.
e. Franchise and Other Utility Companies
All utility company projects are exempt from the requirements for tree protection and replacement specified herein when clearing public easements and existing right-of-way.
f. Public Tree Care
The city will have the right to plant, prune, and maintain trees, street trees and park trees within the lines of all streets, alleys, avenues, lanes, squares, and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The city may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect, or other pest. The management of trees on City property shall be the responsibility of the City’s Parks and Recreation Department. The City’s Parks and Recreation Department shall be responsible for the creation and implementation of a five-year management plan for the planting, maintenance, and removal of trees on City property. This management plan is to be updated annually. The City’s Parks and Recreation Department shall be responsible for reporting the accomplishments of the five-year plan to the Parks Board on an annual basis. City owned property does not include publicly dedicated rights-of-way until the City accepts the improvements for maintenance. (Ord. No. 0-2009-88; 8/26/09)
Sec. 10-302. Pre-Development Restrictions on Land Clearing
It is the intent of this Division to minimize the visual impact of tree removal by retaining or replanting tree buffers around property boundaries. A property owner, developer, or contractor must obtain a clearing and grading permit prior to any agricultural timbering, predevelopment clearing, or depositing of fill on an undeveloped site. Properties, other than the minimum buffer area specified herein, may be underbrushed without obtaining a grading permit. For the minimum buffer area specified here, underbrushing may be undertaken as long as no mechanized equipment, other than a chainsaw, is used in the underbrush clearing. In no case may living and healthy trees 6" DBH or larger be removed without a permit. (Ord. No. 0-2009-19; 3/11/09) (Ord. No. 0-2009-88; 8/26/09)
Sec. 10-303. Clearing and Grading Permit Required
Pursuant to Sec. 10-527 of this code, a clearing and grading permit must be obtained from the development services engineer prior to the commencement of any development, excavation, grading, regrading, landfilling, beaming, paving, diking, clearing and grubbing, or other earth changes made to any property within the city. A separate permit is required for each separate, non-contiguous site or lot. (Ord. No. 0-99-19; 2/24/99)
a. Tree Inventory
Accompanying the permit application, a 6” DBH or larger tree inventory shall be submitted according to the following:
1. The approximate location and diameter at breast height (DBH) of all living trees which are six inches in DBH in size or larger when measured at 4 ½ feet above the ground within a 40’ buffer area along any street frontage, and 25’ buffer area on all other property boundaries.
2. A tree clearing/planting plan shall also be provided detailing the proposed site buffers and remaining trees after clearing. The plan will also list the total number of existing 6” DBH or larger trees and the proposed number of remaining 6” DBH and/or 2” DBH replanted trees after clearing within buffer areas.
b. Approval Criteria for Zoning Requiring Tree Preservation
The Development Services Engineer will approve a clearing and grading permit if the application demonstrates that the following conditions in this subsection will be met.
A 40-foot-wide undisturbed area is left in place along 75 percent of the street frontage, a 25-foot-wide undisturbed area is left along 75 percent of the rear property line, and a 25-foot-wide undisturbed area” is left along 75 percent of the side property lines. The understory growth is to be left intact to enhance the tree buffer. Each “
a. Exceptions. If the property owner, developer, or contractor determines that the restrictions set forth in (1) and (2) above cannot be met, the development services engineer may grant a variance for the pre-development clearing of land if property owner agrees to mitigate the clearing of land by replanting the buffer area as specified above. (Ord. No. 0-2009-88; 8/26/09) (Ord. No. 0-2010-20, 3/10/10)
b. Tree Removal without a Permit. It is unlawful to conduct a tree clearing without a valid Clearing and Grading Permit when required by this Chapter. Where tree clearing takes place in advance of a Clearing and Grading Permit, the owner shall mitigate all tree removal in accordance with this Chapter. Tree planting must occur within six months of any such violation. Additionally, failure to obtain a Clearing and Grading Permit when required may result in a fine pursuant to City Code Section 1-4. (Ord. No. 0-2009-88; 8/26/09) (Ord. No. 0-2010-20, 3/10/10)
a. Plant Criteria
1. All plant materials planted in order to satisfy this code must be of a species, which will conform to the selection criteria of this code.
(a) Plant materials must be either acceptable native plants to the Tyler area, or plants that are known to be acclimated to the East Texas region.
(b) The species of plant chosen must be adaptable to the specific environment and conditions in which it will be planted; i.e., soils, water availability, height limitations and shade.
2. Trees and shrubs planted in order to satisfy this code must conform to the minimum size specified.
(a) All trees must be a minimum two inches in DBH (4.5 feet above grade); a minimum branching height of six feet; and a minimum overall height of eight feet at the time
of planting. (Ord. No. 0-2015-67; 6/24/15)
of planting. (Ord. No. 0-2015-67; 6/24/15)
(b) Shrubs must be a minimum size of two gallons.
3. Trees must be selected so as to avoid those species known to cause damage to public improvements.
4. Trees selected for planting must be on a list of approved trees that is available from the planning director.
5. Artificial plants are not acceptable in satisfying this code.
b. Planting Requirements
1. A professional horticulturist/nurseryman should be consulted to determine the proper time to move and install plant material so that stress to the plant is minimized. In the event weather conditions are not suitable for planting, with the approval of the planning director, and prior to issuance of a certificate of occupancy, an irrevocable letter of credit assigned to the city must be provided to cover the cost of postponed planting.
2. The owner or contractor must furnish and install and/or dig, ball, burlap, and transplant all plant materials listed on the plant schedule.
3. Trees must not be planted so near to sewers, sidewalks, or other public improvements as to cause damage to such improvements.
4. Sight clearance on all sites must comply with Sec. 18-2 of the Tyler City Code.
5. The owner or contractor must excavate all plant pits, vine pits, hedge trenches and shrub beds as follows:
(a) All pits must be generally circular in outline, with vertical sides. The tree pit must be deep enough to allow one-eighth of the ball to be above the existing grade. Plants must rest on undisturbed existing soil or well-compacted backfill. The tree pit must be a minimum of nine inches larger on every side than the ball of the tree.
(b) If areas are designated as shrub beds or hedge trenches, they must be cultivated to at least 18 inches in depth. Areas designated for ground covers and vines must be cultivated to at least 12 inches in depth.
6. Each tree, shrub, or vine must be pruned in an appropriate manner, in accordance with accepted standard practice. Broken or bruised branches must be removed with clean cuts made on an angle from the bark ridge to the branch collar, no flush cuts, to minimize the area cut. All cuts must be made with sharp tools and all edges should be trimmed smooth.
7. All trenches and shrub beds must be edged and cultivated to the lines shown on the drawing. The area around isolated plants must be edged and cultivated to the full diameter of the pit. Sod that has been removed and stacked must be used to trim the edges of all excavated areas to the neat lines of the plant pit saucers, the edges of shrub areas, hedge trenches, and vine pockets.
8. After cultivation, all plant materials must be mulched with approved material over the entire area of the bed or saucer according to generally accepted landscape practices. (Ord. No. 0-98-90, 11/18/98) (Ord. No. 0-2002-46, 10-09-02)
9. In nonresidential districts, where newly planted trees are not able to stand up on their own, trees shall be staked with an at-grade root ball securing system. The system shall securely anchor the root ball, while allowing the trunk and the crown to move naturally. The system shall not use materials and methods that penetrate or damage the root ball. Above grade staking systems such as "T" posts with wires, hoses, straps, or guy wires wrapped around the tree trunk, shall not be allowed unless authorized by the Planning Director in consultation with the Urban Forester. (Ord. No. 0-2016-76; 08/24/16)
c. Trees in Residential Zones
Property zoned RE, R-1A, R-1B, R-1C, R-1D, R-2, R-MH, PUR, and PXR are required to provide a minimum one tree per residential lot prior to certificate of occupancy and will be subject to any additional tree requirements in the subdivision standards provided in Article IV of this code. (Ord. No. 0-2011-45, 6/8/11)
d. Pre-Construction Standards
1. Tree Flagging
All saved trees on the subject property within 40 feet of a construction area or surface improvements such as driveway, walks, etc. must be flagged with bright fluorescent orange vinyl tape wrapped around the main trunk at a height of four feet or more such that the tape is very visible to workers operating construction equipment. This does not include the flagging of all protected trees adjacent to right-of-way within approved residential subdivisions during the construction of the roadway.
2. Open Space Flagging
All trees or groups of trees within areas intended to be saved as open space must be enclosed with fluorescent orange tape along all areas of possible access or intrusion by construction equipment. Tape must be supported at a maximum of 25 feet intervals by wrapping trees or other approved methods. Single incident access for the purposes of clearing underbrush is allowed.
3. Protective Fencing
In those situations where a saved tree is so close to the construction area that construction equipment might infringe on the root system or is within 20 feet of the construction area, a protective fencing will be required between the outer limits of the critical root zone of the tree and the construction activity area. Four foot high protective fencing must be supported at a maximum of 10 foot (intervals by approved methods. All protective fencing must be in place prior to commencement of any site work and remain in place until all exterior work has been completed.
4. Bark Protection
In situations where a saved tree remains in the immediate area of intended construction, the tree must be protected by enclosing the entire circumference of the tree with 2" x 4" lumber encircled with wire or other means that do not damage the tree. The intent here is to protect the bark of the tree against incidental contact by large construction equipment.
e. Tree Preservation and Care During Construction
1. Each individual tree or shrub may be credited only once.
2. Existing trees to be preserved for landscape credit must be clearly marked.
3. The following activities are be prohibited within areas to be preserved or the limits of the critical root zone of any tree to be saved for landscape credit:
(a) Material Storage
No materials intended for use in construction or waste materials accumulated due to excavation or demolition may be placed within the limits of the critical root zone of any protected tree.
(b) Equipment Cleaning/Liquid Disposal
No equipment may be cleaned or other liquids deposited or allowed to flow overland within the limits of the critical root zone of a protected tree. This includes, without limitation, paint, oil, solvents, asphalt, concrete, mortar, or similar materials.
(c) Tree Attachments
No signs, wires, or other attachments, other than those of a protective nature, may be attached to any protected tree. Fencing attached to a tree via “U" nails or bent nails when only at points of tangency with the tree are allowed.
(d) Vehicular Traffic
No vehicular and/or construction equipment traffic or parking may take place within the limits of the critical root zone of any protected tree other than on an existing street pavement. This restriction does not apply to signing incident access within the critical root zone for purposes of clearing underbrush, establishing the building pad and associated lot grading, vehicular traffic necessary for routine utility maintenance or emergency restoration of utility service or routine mowing operations.
(e) Grade Changes
No grade changes may be allowed within the limits of the critical root zone of any protected tree unless adequate construction methods are approved by the planning director or if grading is as directed by the development services engineer.
(f) Impervious Paving
No paving with asphalt, concrete or other impervious materials in a manner which may reasonably be expected to kill a tree may be placed within the limits of the critical root zone of a protected tree except as otherwise allowed in this code.
(g) Saved Trees
A saved tree will be considered to be preserved only if a minimum of 75 percent of the critical root zone is maintained at undisturbed natural grade and no more than 25 percent of the canopy is removed due to building encroachment.
(h) Barricaded Areas
Areas to remain preserved are to be barricaded so that construction practices in the field will protect existing trees from compaction of soil, changes in grades and damage from machines.
f. Permanent Construction Methods
1. Boring
Boring of utilities under saved trees is required in those circumstances where it is not possible to trench around the critical root zone of the saved tree. When required, the length of the bore must be the width of the critical root zone at a minimum and must be a minimum depth of 48 inches.
2. Grade Change
In the event the grade change within the critical root zone of a protected tree exceeds the limits noted in subsection (E)(3)(e) herein, the procedures noted in the Design Guidelines will be required.
3. Trenching
Trenching across the critical root zone of any saved tree must be avoided. Although this subsection is not intended to prohibit the placement of underground services such as electric, phone, gas, etc., the placement of these utilities is encouraged to be located outside of the critical root zone of saved trees. Irrigation system trenching must be placed outside of the critical root zone with only the minimum required single head supply line allowed within that area placed radially to the tree trunk.
4. Root Pruning
All roots two inches or larger in diameter which are exposed as a result of trenching or other excavation must be cut off square with a sharp medium tooth saw and covered with pruning compound within two hours of initial exposure.
g. Maintenance
1. The owner or agent is responsible for the maintenance of all landscaping, which must be maintained in good condition so as to present a healthy, neat and orderly appearance, and must be kept free from refuse and debris. Any plant that dies must be replaced with another living plant that complies with the approved landscape plan within 120 days after death, season permitting.
2. The owner or agent is responsible for replacement of dead landscaping material. Replacement must occur within 120 days, season permitting, of notification by the planning director or designee. Replacement material must be of similar character as the dead landscaping material.
3. The owner or agent is responsible for any damage or interference with utility lines or other utility facilities resulting from the negligence of the property owner, agents or employees in the installation and maintenance of required landscaping. If a utility crew disturbs a landscaped area in a utility easement, it must make every reasonable effort to preserve the landscaping materials and return them to their prior locations after the utility work is completed. If nonetheless some plant materials die, it is the obligation of the owner or agent to replace the dead plant materials.
4. Nothing in this code will prohibit or restrict a public utility company from trimming or removing trees or other plant materials that are a hazard to its employees, the public or its facilities, or that threaten to interfere with the provision of continuous service. (Ord. No. 0-2002-46, 10-09-02)
a. Land that is under lawful development at the effective date of the tree preservation requirements or that is under lawful development at the effective date of annexation of such land, in this division as of April 24, 2008 will have nonconforming status with respect to tree preservation requirements.
b. Any land in an area that has been annexed, and where no lawful development has occurred, must comply with the requirements of this ordinance and will not be granted nonconforming status with respect to tree preservation requirements.
c. If a person has begun the process of developing land by obtaining one or more licenses, certificates, permits, approvals or other forms of city authorization prior to the effective date of the tree preservation requirements in Article VI, Division A, or by obtaining one or more licenses, certificates, permits, approvals or other forms of city authorization prior to annexation of such land, then said development will have non-conforming status with respect to said tree preservation requirements.
a. All required landscaping and screening must be installed as part of the project construction. Upon installation, the general contractor shall submit to the Building Official a signed certification stating that all required landscaping, buffering and screening has been installed in accordance with the approved plan. If the installed landscaping is not in compliance with the approved plan, a final "As-Built" plan shall be submitted to the Planning Department for review per Section 10-294. The City reserves the right to verify all landscaping installations before or after the issuance of a Certificate of Occupancy or final inspection. (Ord. No. 0-2018-83; 10/24/18)
b. All tree planting and plant screening required by this code must be installed prior to the issuance of a certificate of occupancy, where required, or prior to the commencement of use.
c. All landscaping must be installed in a sound manner and in accordance with accepted planting procedures.
d. All elements of landscaping must be installed so as to meet all other applicable city ordinances and policies.
e. Landscape areas, both those proposed and those to be retained, must be protected from vehicular encroachment during and after the construction phase by appropriate barriers.
f. All landscape requirements of this code will continue after the building permit is issued to any owner or subsequent owner. (Ord. No. 0-98-90, 11/18/98) (Ord. No. 0-2002-46, 10/9/02).
Loading...