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