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84-067 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY ADDING CHAPTER 29 1/2 ORDINANCE N0. 84-067 AN ORDINANCE OF CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS BE AMFNDED BY ADDING CHAPTER 292; PROVIDING FOR THE PROTECTION OF CERTAIN TREES IN THE CITY OF PARIS; IDENTIFYZNG THE PURPOSES AND INTENT HEREOF; DEFINING TERMS; RESTRICTING THE REMOVAL OF CERTAIN TREES; ESTABLISHING A SYSTEM OF APPLICA- TION FOR TREE REMOVAL; PROVIDING FOR APPEALS UPON DENIAL OF APPROVAL OF AN APPLICATION; ASSIGNING ENFORCEMENT RESPON- SIBILITIES TO THE DEPARTMENT OF PARKS AND RECREATION; ESTABLISHING A POSITION OF CITY ARBORIST; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES OR PARTS OF OR.DINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER l, 1984. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That the Code of Ordinances of the City of Par.is, Paris, Texas, be aMended by adding Chapter 292f to read as follows: "Chapter 292. Trees. Section 292-1. Purpose and Intent. The purpose of this Chapter is to establish a City policy rega.rding the largest and most valuable trees in. the City. Trees a.re hereby declared to be of great value in the maintenance of the public health and welfare of the inhabitants of the City, in the conser- vation of vital energy resources, and in the preservation of the City's historical heritage. Trees are a valuable amenity to the urban environ- ment, creating greater human comfort by providing shade, cooling the air and atmosphere, reducing glare, reducing noise levels, and breaking the monotony of urbanized developr.ient on the land, all of which aide in protecting the health and general welfare of the community. They greatly reduce the requirements for air conditioning, thereby reducing the demands for utilization of scarce energy sources. Many trees were growing when Paris was selected as a town site. These trees should be preserved to the maximum extent feasible for the education and enjoyment of future generations, since large, old trees, if destroyed, can be replaced only after generations of time. Section 292-2. Definitions. For the purposes of this chapter, the following terms shall have the special meanings respectively ascribed to them below, which special meanings shall govern in case of any conflict with other definitions set forth in this Code: Tree. A tree shall be defined and will qualify as such -iTeither of the following are met: (1) A woody plant having one well defined stem or trunk and a more or less definitely formed crown, and usually attainin.g a mature height o.f at least 8 feet. (2) A plant listed as a tree in any of the following: a. Forest trees of Texas, by the Texas Forest Service of the Texas A&M University System. b. Simon and Schuster's Guide to Trees. c. The Audubon Society's Field Guide to North American Trees. d. A list of trees prepared by the City Parks Department. Protected Tree. A protected tree means any tree having a circum erence of sixty inches (60") or more, measured four and one-half feet (42') above natural grade level. Mature Tree. A mature tree means a tree having a trunkcircumference of at least ten inches (10") but less than sixty inches (60") measured four and one-half feet (42') above natural grade level. Owner. Owner shall mean the person who has legal title t-o e property or a lessee, agent, employee or other person acting on behalf of the title holder with authorization so to do. Removal. Removal as applied to protected trees means uprooting, severing the main trunk of the tree or any act which causes, or may reasonably be expected to cause the tree to die, including but not limited to, damage in.flicted upon the root system by machiner_y, storage of materials, or soil compaction; substantially changing the natural grade above the root system or around the trunk; excessive pruning; paving with cancrete, asphalt, or other impervious material in a manner which ma.y reasonably be expected to kill the tree. Approval. Approval means written approval from the Department of Parks and Recreation pursuant to a duly executed application for approval made on a form promulgated by the Department of Parks and Recreation. Section 292-3. Administration of Chapter. (a) This Chapter shall be implemented by the Director of_ the Department of Parks and Recreation who is hereby designated City Arborist until such time as he appoints his successor. He or she shall oversee regulation of the care and removal of protected trees growing now or thereafter in the City of Paris, and shall enforce ar_d administer the provisions of this ChaptPr. (b) The tree committee shall, with the concur- rence of the Planning Commission and City Council promulgate written guidelines which shall, among other things, prescribe the measures required to protect trees against damage in connection with construction and property development, and shall further identify actions that will be interpreted as "removal" under the definition thereof in this Chapter, including the identification of the root areas requiring protection against soil compaction or against the effects of impervious paving. Section 292-4. Removal of Protected Trees. (a) No person or corporation shall remove or cause the removal of any protected tree without fir.st securing approval from the department of parks and recreation, except as provided in subsections (b), (c), (d) or (e) below. (b) When any protected tree sustains damage in the form of a broken trunk, broken limbs, or uprooting, which creates a hazard to life or property, no applica- tion shall be required for the removal of the damaged part or parts of the tree, provided that the removal is effected before the beginning of the fifth (5th) business day following the occurrence of the damage and provided further, that the Department of Parks and Recreation may extend this period in the case of widespread and extensive storm damage. (c) When site plan approval by the Planning Commission and/or City Council is required by this Code for any development, the actual or schematic locations of such existing trees as would be protected by this Chapter shall be shown on all site plans and such site plans depicting any such trees shall be submitted to the arborist for evaluation a.nd recommendation before submissian to the planning commission and/or City Council. Final approval of the site plan shall consti- tute approval for tree removal as to any protected tree indicated on the site plan a_s being removed by the approved development. (d) For all City of Paris, C.I.P. projects, the depar.tMent proposing the C.I.P project shall submit to the arborist, for evaluation and recommendation by the arborist, and C.I.P plans which are known at the time to involve the removal of such existing trees as would be protected by this Chapter prior to the City Coun- cil's public hearing on such C.I.P. project. City Council approval of the C.I.P project shall constitute approval for tree removal as to any protected tree identified at that time as being removed by the C.I.P project. For C.I.P projects which require site plan approval by the Planning Commission and/or City Council prior to the commencement of construction, the removal of any protected tree not previously identified and approved for removal as provided by the preceding sentence shall be subject to the provisions of sub- section (c) above. Any other removal of a protected tree by a C.I.P. project which is not addressed by the preceding provisions of this subsection shall be subject to the general requirements of this Chapter. (e) When a protected tree must be removed or altered to protect existing utilities or to construct new utilities or to protect existing utilities in a right-of-way or easement. In the event the City Arborist suspects an abuse of this subsection by a department of the City or a utility company, he may in writing request an explanation as to why a removal or alteration was necessary and should the City Arborist find abuse he may suspend, in writing, the rights herein granted to such department or utility for a period of one year. Such a suspension would be appeal- able to the City Council whose judgment is final. Section 29k-5. Removal of Mature Trees. (a) No person or corporation shall remove or cause the removal o_f mare than 75% of mature trees from a plot, tract, lot or building site being developed for a non-residential use without first securing approval from the Department of Parks and Recreation. (b) Issuance of building permits for non- residential development will require submission of an acceptable replanting program when more than 75% of mature trees have bePn removed without securing approval. Section 292-6. Application for_ Removal. (a) Application for the removal of a protected tree located on public property or in any public street, alley, right-of-way or easement shall be made by any City department or any public utility or politi- cal subdivision of the State with authority to install utility lines or other public facilities in or above the property, street, alley, right-of-way or easement on which such tree is locatPd, or by the owner of real property abutting upon the site of the tree or its crown. (b) Application for the removal of a protected tree located on privately owned property shall be made by the owner of the property on which such tree is located, except that any appropriate City official may make application to reMOVe a tree that constitutes a hazard to the safety of persons or property, or that is seriously diseased, if the owner thereof cannot be located or if he fails to remove the protected tree within a. reasonable time after notice so to do. (c) The City Council may require an application review fee in an amount to be established by ordinance, to be paid at the time of submission of an application for removal of a protected tree. Provided, however, that no fee shall be required for an application r.iade by any City of Paris department or agency. Provided further, that no fee shall be required for an applica- tion to remove a dead, disea.sed or hazardous tree pursuant to subsection 292-7 (d) below. (d) An application for the removal of a protected tree must specify: (1) The approximate location of the tree. (2) The circumferen.ce of the trunk of the tree, as measured four and one-half feet (42') above natural grade level. (3) The approximate crown size of the tree. (4) The species and/or comtr.on name of the tree. (5) The approximate size of the lot, tract, or parcel on which it is located. (6) The reason for the proposed removal. (7) Such other information as may be rea- sonably required by the City Arborist. (e) Where practicable, a.n application for tree removal shall be combined with any other applications and/or site plans required by this Code for specific development projects, with all the information as listed in subsection (d) above included. Section 292-7. Action on Application. (a) Upon receipt of an application to remove a protected tree, the City Arborist shall promptly inspect the subject tree and the department of parks and recreation shall approve or deny the application in a.ccordance with the provisions of this Chapter. Approval is automati_cally granted ten (10) working days after application therefor if not denied during such interval; provided, that if a variance of special exception from the Soard of Adjustment is required for approval of the application as provided by subsection (b) belaw, then the Department of Parks and Recreation shall have an ad.ditional thirty (30) days to process the application; provided further, that the applicant must be notified of the thirty (30) day extension prior to the expiration of ten (10) days from the date of application. (b) The Department of Parks and Recreation shall approve an application for the removal of a protected tree located on privately owned property when a valid application therefor is received and a showing is made that the tree is so located as to prevent reasonable access to the property or as to preclude reasonable and lawful use of the property. Where removal of the tree would becoMe unnecessary if a variance or special exception were granted by the Board of Adjustment in the application of the Zoning Ordinance, no application shall be approved except where such application for a variance or special exception is denied. No applica- tion fee for the variance or special exception shall be charged where such application is required by this subsection. (c) The Department of Parks and Recreation shall approve an application for the removal of a protected tree in connection with construction, maintenance, or repair of public facilities in or above a public street, alley, right-of-way or ea.sement or other public land under one or more of the following conditions: (1) The location of the tree prevents the opening of_ reasonable and necessary vehicular traffic lanes in a street or alley; (2) The location of the tree prevents the construction of utility lines or drainage facil- ities which may not feasibly be rerouted; or, (3) The location of the tree prevents all reasonable access to the property. (4) The denial of approval of such applica- tion would deny a political subdivision of the state the reasonable use of public property for the a.chievement of its public purposes. Provided, however, that protected tree removal in connection with a City of Paris, C.I.P. project shall be governed by subsection 292-4 (d) above. Provided further, that any approval under this subsection may be reviewed by the Planning Comriissior_ at its discretion. (d) Notwithstanding any of the foregoing pro- vision of this sec.tion, the Department of Parks and Recreation shall approve an application for the removal of a protected tree under the following circumstances: (1) The City Arborist determines that the tree constitutes a hazard to life or property which cannot reasonably be mitigated without removing the tree; or, (2) The City Arborist determines that the tree is dying/dead or is diseased to the point that its restoration to sound condition is not practicable, or that its disease can be expected to be transrnitted to other trees and to endanger their health. (e) No approval, except an approval to remove a dead, badly diseased, or hazaxdous tree, shall become effective until the third working day after it is granted. Every approval for tree removal shall auto- matically expire one (1) year from its effective date, except approvals pursuant to subsections 292-4 (c) and (d) above which shall be in effect for the duration of thP approvals provided by said subsections. (f) The Parks and Recreation Department, Planning Commission or City Council, as the case may be accord- ing to this Chapter, may require as a condition for approval that a replacement tree be planted. Any such condition must be riet within twelve (12) months after removal of the protected tree. Section 292-8. Required placement of trees in front yards. In all non-residential zoning districts wherein a front yard is required it shall include at least a twenty percent (20%) green belt landscaped area. In all non-residential zoning districts wherein a front yard is not required but the property is being devel- oped with a front yard, it shall include at least a twenty percent (20%) green belt landscaped area in such front yard. Such gr.een belts shall include one tree at least six (6) feet tall for the first 10,000 square feet of the lot being developed and one additional tree for each additional 25,000 square feet of the lot being developed. Section 292-9 Appeals. (a) If a protected tree removal application is denied, the applicant therefor may appeal such action to the Planning Commission by filing written notice of such appeal with the Director of Parks and Recreation Department within ten (10) days of notice to such applicant of the deni_al of the application by the Department of Parks and Recreation. The commission shall ha.ve thirty (30) days from the date of appeal to review said denial.. The commission may affirm or reverse the determination of the Parks and Recreation Department. If the commission fails to act within thirty (30) days, the a.ppeal shall be automatically granted and the approval shall be granted per the original application. The commission shall adopt written findings of fact for every appeal authorized hereunder. (b) An applica.nt for a protected tree removal who is aggrieved at any determination or ruling of the Planning Commission on a matter before it under this Chapter may appeal such action to the City Council by filing written noticP of such appeal with the City Clerk within ten (10) days of the action of the commission. The Citv Council shall act on the appeal within thirty (30) aays from the date of the filing of the appeal. If the City Council fails to act within thirty (30) days, the appeal shall be automatically granted and the approval shall be granted per the original application. The City Council may affirm or reverse the determination of the commission and shall either adopt or modify the findings of fact of the cor.zmission, which findings may be reduced to writing or may be entered in the minutes. (c) A developer not wishing to comply with the requirements of Section 29z-8 may present his request for waiver to the Planning and Zoning Commission which shall recommend either granting or denial of the request to the City Council which shall make the final determination in such cases. Section 29;-9. Conflicts with departmental rules. In any case where engineering or design standards, departmental policies, or departmental rules establish conditions that cannot be met in a specific situation without removal of a protected tree, the City depart- mer_t or agency responsible for enforcing the standard, policy, or rule sha.ll, upon request of the Department of. Parks and Recreation, determine what specific adverse effec.t would result from waiver or modification of such standard, policy, or rule, or application thereof, to the extent necessary to save the tree. If the responsible department or agency determines that there is no serious and imminent adverse effect, the standard, policy, or rule may be modified or waived. Irreconcilable differences of opinion between the Department of Parks and Recreation and other City departments as to the seriousness of such adverse effects as may result from waiver or modification of the standard, policy or rule in question shall be resolved by the City Manager. All deterr.linations required to be made under this section, including the resolution of departmental conflicts by the City Manager, shall be made before the expiration of ten (10) working days from the date of the application for tree removal, in accordance with subsection 292-7 (a)." Section 2. Any person violating any of the pro- visions of this ordinance shall be guilty of a Class "C" Misdemeanor, and upon conviction shall be fined in any sum not to exceed $200.00, and each and every day's continuance of any violation of the above enumerated section shall constitute and be deemed a separate offense. Section 3. It is hereby declared to the the inten- tion of the City Council of the City of Paris that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence paragraph or section of this ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competen.t jurisdiction, such unconstitu- tionality or invalidit_y sha.ll not affect any of the remaining phrases, clauses, sentences, paragraphs and section s of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional or invalid phrases, clauses, sentences, paragraphs or sections. Section 4. Twelve (12) months after the effective date of this ordinance, the Parks and Recreation Department shall conduct a review of the standards and procedures set forth by this ordinance to determine their actual working effectiveness and shall report to the City Council whether or not further revisions of the ordinance are appropriate. Section 5. This ordinance shall become effective on October 1, 1984. Passed and adopted this lOth day of September, 1984. o AJAXM-'~ Jo ra am, ayor ATTEST: H. r ene, ity er APPROVED AS TO FORM: % ~ T. R. Haynes, ity ttorney