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15-A Boaz AppearanceREQUEST FOR APPEARANCE AT CITY COUNCIL MEETING MAIL TO CITY MANAGER CITY OF PARIS P. O. BOX 9037 PARIS:TX 75461-9037 NAME Karen Boaz ADDRESS 326 27th Street NE Paris, TX 75460 TELEPHONE 903 783 9212 REASON FOR APPEARANCE AT CITY COUNCIL MEETING: DATE APPROVED: DATE DISAPPROVED: Michael E. Malone, City Manager RECEIVED SEP 02 2003 CITY MANAGER PARIS, TEXAS Karen Boaz 326 27t~ N.E. Paris, TX. 75460 Dear Ms. Boaz, The City of Pahs has received your application for removal of a protected tree at 326 27t~ N.E. Due to the existing regulation of trees in chapter 32 of the City of Paris Code of Ordinances your application must be den/ed. I have enclosed a copy of said ordinance for your review. In this case, a denied application may appeal first to the planning and zoning commission pursuant to Section 32-9(a) on Monday, November 3, 2003; if the denial is upheld by the planning and zoning commission, further appeal is possible to the city council pursuant to Section 32-9Co) on Thursday, November 6, 2003. Upon receipt of this letter, if you desire an appeals process beginning with the planning and zomng commission on Monday, November 3, 2003, indicate such by checking the appropriate box below, sign/ng and dating. Once complete, mail this letter with a copy of the denied tree application to ' - 75460. the City of Pans Parks and Recreation Department, P.O. Box 9037, Paris, TX If you have further questions regarding this matter, please Sincerely, . .- ~ rry Toff'nsend Directofof Public Works/ Parks and Recreation contact my office at 903-784-9289. t~/ I wish to appeal. I understand my appeal will go to the planning and zoning commission on Monday, November 3, 2003; and if the denial is upheld by the commission, further appeal is possible through the city council on Thursday, November 6, 2003. 'Signature P.O. BOX 9037 ,, PARIS, TEXAS 75461-9037 ,~ (903) 785-7511 · FAX (903) 785-8519 TRE.___~E REMOVAL DATE: Karen~Boaz Complainant making application: (printed name). ~ 10/lO/O3 Date of apphcation: 10/10/03 Time of application: Address of person applying: 326 27th N.E. Applicants phone number: Address of proposed removal: Commercial Development: 784-8089 ~r hnmo 7R3-9717 326 27th N.E. Private Development: Locationoftreeortrees: 4to 8 foot from front door: wast s-Ida of re-la-nco Size of lot: 16,000 Sqft Oak Type of tree or trees: -~ Circumference of tree(s): 150" Approximate crown size of tree: Reason for proposed tree removal: on property. 65-75 feet Claims tree is infested with ants and is falling Is tree dead or diseased: Yes ' No xx Is tree hazardous: Yes No x-~ Why: Application approved or denied: .Date: 10/13¢03 Why? Dead l~mbs do exist however they could be removed to preserve~kha Complainant/Owner Signature: Comments: MEMORANDUM TO: FROM: SUBJECT: Michael E. Malone, City Manager Larry W. Schenk, City Attor~ Regulation of Trees Pursuant to Chapter 32 of the Code of Ordinances DATE: October 8, 2003 It is my understanding you have received an inquiry from a citizen desiring to bring before City Council a matter associated with the denial of an application for the removal of a protected tree under Chapter 32 of the Code of Ordinances. I am enclosing for your review and information the entire substance of Chapter 32, currently found on pages 1897- 1901 of the Code of Ordinances. By way of review, a protected tree is any tree having a circumference of sixty (60) inches or more, measured four and one-half (4 -1/2) feet above natural grade level ( Section 32-2, Chapter 32, Code of Ordinances). In the instance where a private citizen desires to remove a protected tree located on private property, the citizen my apply for such approval pursuant to Section 32-6(b) of the Code of Ordinances. Section 32-6(d) specifies the information which must be included in any such application. Upon receipt of said application, Section 32-7 specifies the actions to be taken by the department of parks and recreation, and specifically the city arborist, with regard to any such request. Under the terms of the ordinance, following receipt of a written application, if the application is not formally denied within ten (10) working days after the application is made, then the application is considered automatically granted (this relief is subject to appropriate review by the board of adjustment when an alternative means to avoid removal of the tree is by the grant ora special exception to the city's zoning ordinance, Section 32-7(a)). In any even~, and subject to the extensive provisions of Section 32-7, if the application is denied by the city arborist, such denial should be in writing to the applicant. Following receipt of that denial, the applicant has the right to appeal first to the planning and zoning commission pursuant to Section 32-9(a), and if the denial is upheld by the planning and zoning commission, further appeal to the city council pursuant to Section 32-9(b). I hope this provides further guidance with regard to the requirements of city ordinance relating to processing an application for removal of a protected tree and the appeal of denial of same. CC: If you have any questions regarding this matter, please do not hesitate to contact me. Terry Townsend, Director of Public Works Steve Methven, Building Official TREES § 32-3 Sec. 32-1. Purpose and intent. (a) The purpose of this chapter is to establish a city policy regarding the largest and most valu- able trees in the City. Trees are hereby declared to be of great value in the maintenance of the public health and welfare of the inhabitants of the City, in the conservation of vital energy re- sources, and in the preservation of the city's his- torical heritage. Co) Trees are a valuable amenity to the urban environment, creating greater human comfort by providing shade, cooling the air and atmosphere, reducing glare, reducing noise levels, and break- lng the monotony of urbanized development on the land, all of which aid 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 eh- (c) 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. (Code 1970, § 29~-1; Ord. No. 84-067, § 1, 9-10-84) Sec. 32-2. I)ef'mitions. 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: 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. C.I.P. Capital improvement project. Mature tree. A mature tree means a tree hav- ing a trunk circumference of at least ten (10) inches but less than sixty (60) inches measured four and one-half (4V2) feet above natural grade level. Owner. Owner shall mean the person who has legal title to the property or a lessee, agent, em- ployee or other person acting on behalf of the title holder with authorization so to do. Protected tree. A protected tree means any tree having a circumference of sixty (60) inches or more, measured four and one-half (4Y~) feet above natural grade level. 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 inflicted upon the root system by machinery, storage of materials, or soil compaction; substantially changing the natural grade above the root system or around the trunk; excessive pruning; paving with concrete, asphalt~ or other impervious material in a manner in which may reasonably be expected to kill the tree. Tree. A tree shall be defined and will qualify as such if either 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 attaining a mature height of at least eight (8) feet; or (2) A plant listed as a tree in any of the following: a. Forest trees of Texas, by the Texas For- est Service of the Texas A and M Uni-~ versity 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. (Code 1970, § 291/2-2; Ord. No. 84-067, § 1, 9-10-84) Cross reference--Definitions and rules of construction gen- erally, § 1-3. Sec. 32-3. 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 shall over- see regulation of the care and removal of pro- tected trees growing now or thereafter in the City, and shall enforce and administer the provisions of this chapter. 1897 § 32-3 PARIS CODE (b) The tree committee shall, with the concur- rence of the planning and zoning commission and city council promulgate written guidelines which shall, among other things, prescribe the measures required to protect trees against damage in con- nection with construction and property develop- ment, and shall further identify actions that will be interpreted as "removal" under the definition thereof in this chapter, including the identifica- tion of the root areas requiring protection against soil compaction or against, the effects of impervi- ous paving. (Code 1970, § 29~4-3; Ord. No. 84-067, § 1, 9-10-84) Sec. 32-4. Removal of protected trees. (a) No person or corporation shall remove or cause the removal of any protected tree without first securing approval from the department of parks and recreation, except as provided in para- graphs (b) through (e) of this section. (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 prop- erty, no application shall be required for the re- moval of the damaged part or parts of the tree, provided that the removal is effected before the beginning of the fifth business day following the occurrence of the damage and provided further that the department of parks and recreation may extend this period in case of widespread and ex- tensive storm damage. (c) When site plan approval by the planning and zoning commission and/or city council is re- quired by this Code for any development, the ac- tual 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 depict- ing any such trees shall be submitted to the arborist for evaluation and recommendation before sub- mission to the planning commission and/or city council. Final approval of the site plan shall con- stitute approval for tree removal as to any pro- tected tree indicated on the site plan as being removed by the approved development. ~d) For every city C.I.P., the department pro- posing the C.I.P. shall submit to the arborist, for evaluation and recommendation by the arborist, any 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. City council approval of the C.I.P. shall constitute approval for tree removal as to any protected tree identi- fled at that time as being removed by the C.I.P. For any C.I.P. which requires site plan approval by the planning and zoning commission and/or city council prior to the commencement of con- struction, the removal of any protected tree not previously identified and approved for removal as provided by the preceding sentence shall be sub- ject to the provisions of paragraph (c) of this sec- tion. Any other removal of a protected tree by a C.I.P. which is not addressed by the preceding provisions of this paragraph 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. If the city arborist sus- pects an abuse of this paragraph by a department of the City or utility company, he may in writing request an explanation as to why a removal or alteration was necessary and should the city arberist find abuse he may suspend, in writing, the rights herein granted to such department or utility for a period of one (I) year. Such a suspension would be appealable to the city council whose judgment is final. (Code 1970, § 29Vz-4; Ord. No. 84-067, § 1, 9-10-84) Sec. 32-5. Removal of mature trees. (a) No person or corporation shall remove or cause the removal of more than seventy-five (75) percent of mature'trees from a plot, tract, lot or building site being developed for a nonresidential use without first securing approval from the de- partment of parks and recreation. (b) Issuance of building permits for nonresiden- tial development will require submission of an acceptable replanting program when more than seventy-five (75) percent of mature trees have been removed without securing approval. (Code 1970, § 29V2-5; Ord. No. 84-067, § 1, 9-10-84) Sec. 32-6. Application for removal. (a) Application for the removal of a protected tree located on public property or in any public 1898 TREES § 32-7 street, alley, right-of-way or easement shall be made by any city department or any public util- ity or political subdivision of the state with au- thority to install utility lines or other public facil- ities in or above the property, street, alley, right-of-way or easement on which such tree is located, or by the owner of real property abutting upon the site of the tree er its crown. Co) 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. However, no fee shall be required for an applica- tion made by any city department or agency. Fur- ther, no fee shall be required for an application to remove a dead, diseased or hazardous tree pursu- ant to section 32-7(d). (d) An application for the removal of a protected tree must specify: (1) The approximate location of the tree. (2) The circumference of the trunk of the tree, as measured four and one-half (41/2) feet above natural grade level. (3) The approximate crown size of the tree. (4) The species and/or common 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 reason- ably required by the city arborist. (e) Where practicable, an application for tree removal shall be combined with any other appli- cations and/or site plans required by this Code for specific development projects, with all the infor- mation as listed in paragraph (d) of this section, included. (Code 1970, § 29%-6; Ord. No. 84-067, § 1, 9-10-84) Sec. 32-7. 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 accordance with the provisions of this chapter. Approval is automatically granted ten (10) working days after application therefor if not denied during such interval; provided that, if a variance of special exception from the board of adjustment is required for approval of the appli- cation as provided by paragraph Co) of this sec- tion, then the department of parks and recreation shall have an additional thirty (30) days to pro- cess the application; provided further, that the applicant must be notified of the thirty-day ex- tension prior to the expiration of ten (10) days from the date of application. Co) The department of parks and recreation shall approve an application for the removal of a pro- tected 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 proper- ty. Where removal of the tree would become un- necessary if a variance or special exception were granted by the board of adjustment in the appli- cation of the zoning ordinance, no application shall be approved except where such application for a variance or special exception is denied. No appli- cation 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 pro- tected tree in connection with construction, main- tenance, or repair of public facilities in or above a public street, alley, right-of-way or easement or other public land under one (1) or more of the following conditions: (1) The location of the tree prevents the open- ing of reasonable and necessary vehicular traffic lanes in a street or alley; 1899 § 32-7 PARIS CODE (2) The location of the tree prevents the con- struction of utility lines or drainage facili- ties which may not feasibly be rerouted; (3) The location of the tree prevents all rea- sonable access to the property; (4) The denial of approval of such application would deny a political subdivision of the state the reasonable use of public property for the achievement of its public purposes. However, protected tree. removal in connection with a city C.I.P. shall be governed by section 32-4(d) above. Further, any approval under this paragraph (c) of this section may be reviewed by the planning and zoning commission at its discretion. (d) Notwithstanding any of the foregoing pro- visions of this section, the department of parks and recreation shall approve an application for the removal of a protected tree under the follow- ing circumstances: (1) The city arborist determines that the tree constitutes a hazard to life or property which cannot reasonably be mitigated without re- moving 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 transmitted to other trees and to endanger their health. (e) No approval, except an approval to remove a dead, badly diseased, or hazardous tree, shall become effective until the third working day after it is granted. Every approval for tree removal shall automatically expire one (1) year from its effective date, except approvals pursuant to sec- tion 32-4(c) and (d), which shall be in effect for the duration of the approvals provided by said sub- sections. (f) The parks and recreation department, plan- ning and zoning commission or city council, as the case may be according to this chapter, may require as a condition for approval that a replace- ment tree be planted. Any such condition must be met within twelve (12) months after removal of the protected tree. (Code 1970, § 29~4-7; Ord. No. 84-067, § 1, 9-10 -84) Sec. 32-8. Required placement of trees in front yards. In all nonresidential zoning districts wherein a front yard is required it shall include at least a twenty (20) percent greenbelt landscaped area. In all nonresidential zoning districts wherein a front yard is not required but the property is being developed with a front yard, it shall include at least a twenty (20) percent greenbelt landscaped area in such front yard. Such greenbelts shall include one (1) tree at least six (6) feet tall for the first ten thousand (10,000) square feet of the lot being developed and one (1) additional tree for each additional twenty-five thousand (25,000) square feet of the lot being developed. (Code 1970, § 29%-8; Ord. No. 84-087, § 1, 9-10-84) Sec. 32-9. Appeals. (a) If a protected tree removal application is denied, the applicant therefor may appeal such . action to the planning and zoning commission by filing written notice of such appeal with the di- rector of parks and recreation departmenf within ten (10) days of notice to such applicant of the denial of the application by the department of parks and recreation. The commission shall have thirty (30) days from the date of appeal to review such denial. The commission may affirm or re- verse the determination of the parks and recre- ation department. If the commission fails to act within thirty (30) days, the appeal shall be auto- matically 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 applicant 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 notice of such appeal with the city clerk within ten (10) days of the action of the commission. The city council shall act on the appeal within thirty (30) days 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 determina- 1900 TREES § 32-10 tion of the commission and shall either adopt or modify the findings of fact of the commission, 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 32-8 may present his re- quest for waiver to the planning and zoning com- mission which shall recommend either granting or denial of the request to the city council which shall make the final ~tetermination in such cases. (Code 1970, § 29~/~9; Ord. No. 84-067, § 1, 9-10~4) Sec. 32-10. Conflicts with departmental rules. In any case where engineering or design stand- ards, departmental policies, or departmental ~-ales establish conditions that cannot be met in a spe- cific situation without removal of a protected tree, the city department or agency responsible for en- forcing the standard, policy, or rule shall, upon request of the department of parks and recreation, determine what specific adverse effect would re- sult from waiver or modification of such standard, policy, or rule, or application thereof, to the ex- tent 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. Irrec- oncilable differences of opinion between the de- partment 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 determinations 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 32-7(a). (Code 1970, § 29%-10; Ord. No. 84-067, § 1, 9-10-84) [The next page is 1951] 1901