HomeMy WebLinkAboutOrdinance No. 2005-19 (An ordinance providing rules and regulations governing the preservation of trees within
the City; providing for the planting and maintenance of trees for new developments;
providing a penalty; and providing other matters relating to the subject.)
ORDINANCE NO. 2005-19
AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD
CITY CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD,
TEXAS, ORDINANCE NO. 84-15, AS AMENDED, ORIGINALLY
ADOPTED THE 19TH DAY OF NOVEMBER, 1984, AND BEING THE
ZO1vING ORDINANCE OF THE CITY, BY MOVING THE QUALIFIED
TREE LIST DEFINING TREES TO BE USED TO MEET THE
REQUIREMENTS OF THIS ORDINANCE TO THE DESIGN CRITERIA
MANUAL; BY CHANGING THE DIAMETER OF TREES WHICH MEET
THE REQUIREMENTS OF THIS ORDINANCE FOR LANDSCAPING
AND BUFFER STRIPS FROM A CALIPER OF TWO INCHES TO
THREE INCHES WHEN MEASURED EIGHTEEN INCHES ABOVE THE
NATURAL GROUND LEVEL; BY REQUIRING A TREE SURVEY
SHOWING THE LOCATION OF ALL TREES HAVING A TRUNK
TWELVE INCHES OR LARGER IN DIAMETER WHEN MEASURED AT
A POINT FOUR AND ONE-HALF FEET FROM NATURAL GROUND
LEVEL TO BE SUBMITTED CONCURRENTLY WITH OR AS A PART
OF ANY DEVELOPMENT PERMIT APPLICATION, SITE PLAN, OR
PLAT FOR CERTAIN SPECIFIED DEVELOPMENTS; BY DELETING
THEREFROM THE QUALIFIED TREE LIST; PROVIDING A PENALTY
OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF
VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR
SEVERABILITY.
* * * � �
WHEREAS, the City Council of the City of Friendswood has conducted an extensive
review of its zoning ordinance with regard to the regulation of trees within the City; and
WHEREAS, the City Council of the City of Friendswood finds that the City has grown
to become a treed community. It is the goal of the City of Friendswood to maintain its suburban
wooded character through tree planting, preservation and conservation consistent with the rights
and privileges of its citizens while recognizing the need for quality economic development; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. Appendix C of the Code of Ordinances of the City of Friendswood, Texas,
said Appendix C being the City's Zoning Ordinance, is hereby amended by deleting the text
contained in brackets and adding the underlined text in Paragraph 1 of Subsection I of Section 8
thereof, as follows:
"1. Purpose. The provisions of this [section] Subsection I for the installation
and maintenance of landscaping and screening are intended to protect the
character and stability of residential, commercial, institutional and
industrial areas, to conserve the value of land and buildings of surrounding
properties and neighborhoods, and to enhance the aesthetic and visual
image of the community. In furtherance thereof, trees utilized to comply
with the requirements of this [subsection] Subsection I shall be of a type
contained in the list of qualified trees approved from time to time by the
city council and [available at the office of the building official (Also, see
qualified tree list following appendix C)] contained in the Citv's Design
Criteria Manual �`Qualified Tree List")."
Section 2. Said Appendix C of the Code of Ordinances of the City of Friendswood,
Texas, is hereby further amended by deleting the text contained in brackets and adding the
underlined text in Subparagraphs b and c of Paragraph 2 of Subsection I of Section 8 thereof as
follows:
"b. Trees for buffer strips. If an open space buffer strip is required
under the terms of this [section] Subsection I, not less than one
[qualified] tree, whether existing or planted, shall be maintained
for each 25 lineal feet or portion thereof of solid open space buffer
strip. Each such tree shall [be not less than eight feet in height
immediately upon planting and shall] have a caliper of not less
than [two] two_inches (2") measured eighteen inches (18") above
the natural ground level.
c. Off-street parkin� landscaping. All areas, other than those located
within the industrial district, that are used for parking or display of
vehicles, boats, construction equipment ar production equipment,
shall conform to the minimum landscaping requirements of this
Ord.2005-19 2
[subsection] Subpara�raph c. Areas that are of a drive-in nature
such as filling stations, grocery stores, banks and restaurants also
shall conform to the minimum landscaping requirements of this
[subsection] Subparagraph c.
It is the intent of this [subsection] Subpara�raph c to promote the
placement of trees along the thoroughfares of the City. Therefore,
at least fifty percent (50%) of the required trees shall be located
between the street and any buildings. No tree other than those
species listed as [qualified] small trees (size 2 or 3) on jthe list
available from the building official (Also, see qualified tree list
following appendix C)] the Qualified Tree List may be planted
under or within ten (10) lateral feet of any overhead utility wire, or
over or within five (5) lateral feet of any underground water line,
sewer line, transmission line or other utility.
Parking lots shall be considered small if they contain spaces for
twenty (20) or less cars. Small parking lots shall have "open"
landscaped areas that are equal to not less than ten percent (10%)
of the parking area and drives in the parking area. The required
area may be used as islands or perimeter landscaping or in any
combination. A minimum of one [qualified] Class 1 or Class 2
tree from the Qualified Tree List shall be planted and maintained
for each two hundred fifty (250) square feet or portion thereof of
landscaped open space area. Parking lots with more than twenty
(20) parking spaces shall have open landscaped areas equal to ten
percent (10%) of the parking area and drives in the parking area.
Fifty percent (50%) of the required landscaped area shall be used
as islands. Perimeter landscaping shall have at least one such tree
for each forty (40) lineal feet or fraction thereof. Each island shall
have one such tree planted and maintained thereon.
Off-street parking areas that are adjacent to residentially zoned
property shall have opaque fences or walls, eight feet (8') in height
above ground level, which shall be erected and maintained along
the property line to provide visual screening.
All trees required in this [section] Subparagraph c shall have a
caliper of not less than two inches (2"), [in diameter] measured
eighteen inches (18") above from] the natural ground level.
[Trees shall be selected from the approved list of qualified trees as
approved from time to time by the city council and which shall be
available from the city building official. (Also, see qualified tree
list following Appendix C.)]"
Ord.2005-19 3
Section 3. Said Appendix C of the Code of Ordinances of the City of Friendswood,
Texas, is hereby further amended by deleting the text contained in brackets and adding the
underlined text in Subparagraph e.(1) of Paragraph 2 of Subsection I of Section 8 thereof as
follows:
"e. Maintenance and care of trees.
1.) Maintenance period for trees. For any tree installed in
fulfillment of the requirements of this Ordinance [section],
or any previously existing tree used in fulfillment of the
requirements of this Ordinance, it shall be the responsibility
of the [developer or subsequent] then property owner(s) to
maintain such tree in a healthy condition for [a] the follow-
�period [of five years, and for an equal period, in]. In the
event of serious damage, disease or death of[a] the tree, or
if the tree should otherwise fail to survive said follow-up
period, the then propertv owner(s) shall, at his/its sole cost
and expense, [to] replace it with a tree [and of a size that
was originally required] that meets the requirements of this
Ordinance, within one hundred twent�(120�ys from the
date of notification by the City. [The five-year period will
be considered to begin with the issuance of a Certificate of
Occupancy.] For purposes of this Subparagraph e.l, the
follow-up period shall be a period of two (2)years from the
date of issuance of a Certificate of Occupancy for each
such development site or from the date of the acceptance of
such development's infrastructure by the City or, in the
case where both have occurred, whichever is later.
Section 4. Said Appendix C of the Code of Ordinances of the City of Friendswood,
Texas, is hereby further amended by deleting the text contained in brackets and adding the
underlined text in Subparagraph f.2 of Subsection I of Section 8 thereof, as follows:
"(2) Pu�r�ose. It is the intent of this [subsection] Subsection I to
encourage the preservation of existing trees within the city,
and the historical significance thereof, and to prohibit their
unwarranted destruction."
Ord.2005-19 4
Section 5. Said Appendix C of the Code of Ordinances of the City of Friendswood,
Texas, is hereby further amended by deleting all of Subparagraph f.(3) of Paragraph 2 of
Subsection I of Section 8 thereof, which reads as follows:
"[3) Site plans. All site plans, whether commercial, residential,
or industrial, shall include a survey locating any qualified
tree which has a trunk 6 inches in diameter ar greater at a
point 18 inches above the natural ground level and which is
located in the area between the edge of adjacent street
frontage paving and 20 feet inside the property line. On
any such property for which a site plan is required by
ordinance for further development of the site, it shall be
unlawful for any person to cause or permit the destruction
of any so described tree in this area, unless, in the opinion
of the city building official, the tree or trees constitute a
hazard to vehicular and or pedestrian traffic or if the
prohibition would deprive the property owner of reasonable
use of and or access to their property, or if removal of the
tree or trees is instrumental in enhancing the growth of
other trees on the site.]"
and substituting therefor a new Subparagraph f.(3)to provide as follows:
`� Tree surve,v required.
a) A tree survey showin� thereon the location of all
livin� trees that have a caliper of twelve inches
(12" or greater, measured at a point four and one-
half feet �4'6") above the natural ground level, shall
be required for:
(i�proposed development on land located in
districts zoned as Nei�hborhood Commercial�NC�,
Communitv Shoppin� Center (CSC), Ori�inal
Business District (OBD), Local Neighborhood
Commercial (LNC), Office Park District (OPD�
Li�ht Industrial (LI), Industrial (ILAgricultural (A-
1), Business Park BP), Planned Unit Development
— Mixed Use (PUD — Mixed Use), or Multi-Family
Residential, low densitv (MFR — L), Multi-Family
Residential, medium densit�MFR — M , and
Multi-Family Residential, hi�h densitv (MFR — H�;
and
o�a.zoos-i9 5
(ii) All proposed development on land for which
a specific use permit is required by Sections 7(P)
and 9(G) of this Appendix C; and
(iii) For residential developments on land located
in districts zoned as Single-Family Residential
�SFR), Planned Unit Development — Cluster Home
(PUD—Cluster Home), or Multi-Family Residential
— Garden Home District (MFR — GHD); provided,
however, the tree survey required by this
Subparagraph f.(3) a�iii) shall be required only for �
the common areas located within those
developments, such as community parks and
detention areas, where residents of the
developments would have common access.
b) If the property contains no trees fitting the
description in �aragraph (a) above, no tree survey
shall be required if a si�ned statement veri ing that
no such trees exist is filed with the Communitv
Development office of the Cit�_(hereinafter
"Community Development").
c� The Developer or Owner of the property to be
developed shall sign the tree survey certifyin tg hat it
is,to the best of their knowled�e, true and correct.
d) The tree survey shall be submitted to Community
Development concurrently with or as a part of the
site plan, development permit, or plat. Communitv
Development shall be authorized to review the data
onsite for verification. The tree survev shall be
accepted bv Community Development within thirty
�30Z days of its submission, or Community
Development shall within such thirtv-da,�period
provide a notice, in writing, of its reasons for any
action other than an accentance thereof. If
Community Development fails to take action on the
tree survev within said thirtv-day period, the tree
survev shall be deemed accepted."
Section 6. Said Appendix C of the Code of Ordinances of the City of Friendswood,
Texas, is hereby further amended by adding thereto new Subparagraphs f.(4), f.(5), f.(6), and
f.(7) of Paragraph 2 of Subsection I of Section 8 to provide as follows:
ord.2005-19 6
"f. Preserving trees—Historical significance.
� Site plan to include trees.
� Eve .�r� site plan submitted shall include all livin�
trees identified on the tree survev as required by
Subparagraph f.(3 above. Each such tree identified
on the Site Plan shall bear a notation indicating the
tree's status as either "Protected" or "To Be
Removed." A tree identified as "Protected"
indicates a tree that is not scheduled for removal
durin� construction. A tree identified as "To Be
Removed" indicates a tree that is scheduled for
removal durin� construction. Each tree removed
durin� construction shall be mitigated as required in
Subpara�ph f.(6 below.
b.) Trees identified with the notation "Protected" shall
also be physically marked at the development site
so as to be readil dy istin�uishable from trees that
are identified on the site plan as "To Be Removed."
5) Review and acceptance o site plan.
a.) Community Development shall review the Tree
Survey portion of Site Plans to assure compliance
with the provisions of this Subsection.
6) Mitigation and incentives.
a. Every develo�ment requiring the issuance of a
development permit or the approval of a site plan or
plat shall maintain a minimum of one (1) tree from
the_Qualified Tree List for each thirt,�30) linear
feet of street frontage, with such trees having a
minimum caliper of two inches (2") measured at a
point eighteen inches (18") above the natural
ground level.
b.) Class 1 or Class 2 trees, twelve inches (12") in
diameter or greater, measured at a point four and
one-half feet (4'6") above the natural �round level,
shall be counted, on a one-for-one basis, toward the
Ord.2005-19 7
minimum number of trees required b�
Subsection I. Trees located within a buffer zone
shall not be counted unless identified as
"Protected.".
c. Mitigation shall be required, on a one-for-one basis,
for every tree with a caliper of twelve inches (12"1
or greater, measured at a point four and one-half
feet (4'6") above the natural ground level, that is
removed from the development site. For each such
tree removed, mitigation shall be accomplished bv
planting one Class 1 or Class 2 tree from the
Qualified Tree List.
d.) New trees used for miti at�purposes or for
landscaping shall have a caliper of at least three
inches (3"), measured at a point ei�hteen inches
(18") above the natural ground level.
e.) The landscapin�plan shall clearly indicate which
trees are bein�planted to replace trees identified as
"To Be Removed"durin dg evelopment
f.) If, due to the nature of a proposed development and
unique characteristics of land, trees cannot be
planted in a sufficient number to meet the
requirements hereof, a developer may elect to
provide for a compensatin ,�(s) to be planted I
elsewhere within the City. Compensating trees
shall be placed on public property, as near as
reasonabl�practicable to the development site, and
may be accomplished bv donatin�s) in kind,
or bv pavment to the City of such amounts as may
be established from time to time by Citv Council,
based on the City's actual costs of acquisition.
Compensating trees shall be planted within the time
periods required for replacement trees.
(i) �) To encourage maintenance of the
suburban wooded character of the community, the
City Council may from time to time establish
incentives to Developments which retain more
Class 1 or Class 2 cate�Ory trees than is required bX
this Subsection.
Ord.2005-19 8
7) Tree protection. Propertv owner s) shall be required to
ensure that each of the trees identified as "Protected" on the
site plan survives the follow-up period, as defined in
Subparagraph e.l herein. If a tree identified as "Protected"
fails to survive such follow-up period, the property
owner(� shall replace such tree, at its sole cost and
expense, within one hundred twent�120�vs from the
date of notification by the City, with a Class 1 or Class 2
tree from the Qualified Tree List, which has a minimum
caliper of three inches (3"), measured eighteen inches (18")
above natural ground level. "
Section 7. Said Appendix C of the Code of Ordinances of the City of Friendswood,
Texas, is hereby further amended by deleting the text contained in brackets and adding the
underlined text in Subparagraph g of Paragraph 2 of Subsection I of Section 8 thereof as follows:
"g. One [qualified] tree required for each lot developed for single-
family residential use. Each lot developed for single-family
residential use shall have [be provided with] one of the required
[qualified] trees [(Class 1 or 2),] located in the required front yard,
[as close as possible to the front property line. The tree must be
installed after all substantial construction activities on the lot are
completed, and shall be required] before a Certificate of
Occupancy may be issued. An exception may be made by the
Building Official for substantially wooded lots, in instances where
the Building Official determines there is not sufficient s�ace in the
front vard for proper growth, or where the planting of the tree
would constitute a hazard to persons or propertv.
Section 8. Said Appendix C of the Code of Ordinances of the City of Friendswood,
Texas, is hereby further amended by deleting all of Subparagraph h of Paragraph 2 of Subsection
I of Section 8 thereof, which provides as follows:
[h. Prohibited conduct. It shall be unlawful for any person to cause or
permit the destruction of any qualified tree within twenty (20) feet
of the right-of-way line of any major thoroughfare within the city
if such tree has a trunk, which exceeds six inches in diameter at a
point 18 inches above the natural ground level. Provided,
however, it shall not be a violation of any provision hereof if a tree
is destroyed and removed because same, in the opinion of the city
engineer, constitutes a hazard to pedestrian or vehicular traffic, or
unreasonably restricts the use and enjoyment of the property.]
Ord.2005-19 9
Section 9. Said Appendix C of the Code of Ordinances of the City of Friendswood,
Texas, is hereby further amended by deleting from Subparagraph h.2 of Paragraph 2 of
Subsection I of Section 8 thereof the text contained in brackets below, as follows:
"2.) Pruning of trees. It shall be unlawful as a normal practice
for any person, firm or city department to top any
[qualified] tree on public property. Topping is hereby
defined as the severe cutting back of limbs to stubs larger
than three inches in diameter within the tree's crown to
such a degree so as to remove the normal canopy and
disfigure the tree. Trees severely damaged by storms or
other causes, or certain trees under utility wires or other
obstructions where other pruning practices are impractical
may be exempted from this ordinance at the determination
of the building official."
Section 10. Said Appendix C of the Code of Ordinances of the City of Friendswood,
Texas, is hereby further amended by deleting therefrom the Qualified Tree List contained as an
appendix to the City's Zoning Ordinance as follows:
[QUALIFIED TREE LIST
Trees are divided into four classes. Class one and two trees are considered
the most valuable in enhancing the environment and are the most likely to prosper
in the Friendswood area. Therefore, only class one and two trees shall be
approved as new plantings for streets, public right-of-ways, city parks and
property, and parking lots unless other wise approved by the city zoning officer
on the advice of an Urban Forester. Species that are classified as shade trees will
reach a height and size that will conflict with overhead powerlines, permanent
structures, or the canopy will exceed the limits of a confined space. Species that
are classified as small trees will not provide the protection or aesthetic impact of a
large shade tree, yet they are suitable for planting beneath powerlines and are
good alternatives for areas of limited space.
Class. (one through four)
Origin.
N--Native
I--Introduced
Site.
* 1--Xerophytic (requires little water)
Ord.2005-19 10
* 2--Mesic (requires moderate water with good drainage)
* 3--Aquatic (tolerates poor drainage once established 3 years)
* Once Established
Light.
1--Full Sun
2--Moderate Sun
3--Shade
Size.
1--60 feet and greater ultimate height(large shade tree)
2--30 to 60 feet in ultimate height(medium tree)
3--30 feet and less in ultimate height(small tree)
Foliage.
D--Deciduous (sheds leaves annually) If placed on the south and west walls will
reduce indoor temperatures in summer by shading the roof and walls. In winter,
these trees allow sunlight through to help heat the house.
E--Evergreen (having green leaves/needles through out the year) Can create a
wind break if placed on the Northwest side of a building.
SE--Semi evergreen
For example, the code for Live Oak is 1!N/2/1/1, which indicates that the Live
Oak is a class one species that is native to Texas, requires moderate water with
good drainage, demands or tolerates full sun, and will exceed 60 feet in ultimate
height. As a shade tree, the Live Oak will provide protection and has aesthetic
impact but the tree is not suitable for planting beneath powerlines or within
confined spaces.
Common name Botanical name Class NII Site Light Size EID
American Holly Ilex opaca 1 N 2 2 2 E
Bald Cypress Taxodium 1 N 3 2 1 D
disbchum
Black Hickory Carya texana 1 N 2 1 2 D
Black Walnut Juglans nigra 1 N 2 1 1 D
BurOak Quercus 1 N 2 1 1 D
macrocarpa
Carolina buckthom Rhamnus 1 N 2 1 3 D
caroliniana
Cedar Elm Ulmus crassrfolia 1 N 2 1 2 D
Chinese Elm Ulmus parvrfolia 1 I 2 1 2 D
Chinese Pistache Pistacia chinensis 1 I 2 1 2 D
Chinquapin Oak Quercus 1 N 2 1 1 D
muhlenbergii
Drummond Red Acer rubrum var. 1 N 2 1 2 D
Maple drummondii
Ord.2005-19 11
Live Oak Quercus 1 N 2 1 1 SE
virginiana
Mexican Buckeye Ungnadia 1 N 2 1 3 D
speciosa
Overcup Oak Quercus lyrata 1 N 3 1 1 D
Pecan Carya illinoensis 1 N 2 1 1 D
Possumhaw Holly Ilex decidua 1 N 2 1 3 D
Post Oak Quercus stellata 1 N 2 2 1 D
Red Bay Persea borbonia 1 N 2 2 2 E
Scarlet(Red) Aesculus pavia 1 N 2 2 3 D
Buckeye
Shagbark Hickory Carya ovata 1 N 2 1 1 D
Shumard Red Oak Quercus 1 N 2 1 1 D
shumardii
Southem Magnolia Magnolia 1 N 2 1 1 E
grandiflora
Swamp Chestnut Quercus 1 N 3 1 1 D
Oak michhauxii
Sweet-Bay Magnolia 1 N 2 2 2 SE
Magnolia virginiana
Texas Mountain- Sophora 1 N 1 1 3 E
Laurel secundiflora
Water Hickory Carya aqua6ca 1 N 3 1 2 D
Wax MyRle Myrica cerifera 1 N 2/3 1 3 E
White Ash Fraxinus 1 N 2 1 1 D
americana
Winged Elm Ulmus alata 1 N 2 1 2 D
American Elm Ulmus americana 2 N 2 1 1 D
American Carpinus 2 N 2 2 2 D
Hombean caroliniana
American Platanus 2 N 2 1 1 D
Sycamore occidentalis
AnacualSandpaperEhre6a anacua 2 N 2 1 2 E
Tree
Arrow-wood �bumum 2 N 2 2 3 D
Vibumum dentatum
Callery Pyrus calleryana 2 I 2 1 3 D
Pear/Braford
Chalk Maple Acer leucoderme 2 N 2 2 2 D
Cherry Laurel Prunus caroliniana 2 N 2 2 2 D
Common Lagerstroemia 2 I 2 1 3 D
Crapemyrtle indica
Common Fig Ficus carica 2 I 2 1 3 D
Common Diospyros 2 N 2 1 2 D
Persimmon virginiana
Eastem Red CedarJuniperus 2 N 2 2 2 E
virginiana
Eastem Redbud Cercis canadensis 2 N 2 2 2 D
Eve's Necklace Sophora affinnis 2 N 1 1 3 D
Green Ash Fraxinus 2 N 3 2 1 D
pennsylvanica
Honey-Locust Gieditsia 2 N 2 1 2 D
triacanthos
Huisache Acacia famesiana 2 N 1 1 3 D
Loquat Eriobo6ya 2 I 2 2 3 E
japonica
Ord.2005-19 12
Mexican Plum Prunus mexicana 2 N 1 1 3 D
Nuttail Oak Quercus nuttallii 2 N 2/3 1 1 D
Omamental Holly Ilex spp. 2 I 2 2 3 E
Paloverde Parkinsonnia 2 N 1 1 2 D
aculeata
Parsiey Hawthom Crataegus 2 N 2 2 3 D
marshallii
River Birch Betula nigra 2 N 3 2 2 D
Rough-leaf Comus 2 N 2 3 3 D
Dogwood drummondii
Rusty Blackhaw Vibumum 2 N 2 2 3 D
Vibumum rufidulum
Sassafras Sassafras albidum 2 N 2 2 2 D
Snowbell Styrax americana 2 N 2 1 3 D
Sweetgum Liquidambar 2 N 2 1 1 D
sryraciflua
Texas Persimmon Diospyros 2 N 1 1 3 D
virginiana(male)
Texas Pistache Pistacia texana 2 N 1 1 3 D
Texas Redbud Cercis canadensis 2 N 2 2 3 D
texensis
Tulip-Tree Liriodendron 2 I 2 2 1 D
tulip'rfera
Water Oak Quercus nigra 2 N 2/3 1 1 D
Water Tupelo Nyssa aquatica 2 N 3 2 1 D
Westem Sapindus 2 N 2 1 2 D
Soapberry drummondii
White Oak Quercus alba 2 N 2 1 1 D
Willow Oak Quercus phelios 2 N 2l3 1 1 D
Woollybucket Bumelia 2 N 2 2 2 D
Bumelia lanuginosa
WrightAcacia Acacuawrightii 2 N 1 1 3 D
Yaupon Holly Ilexvomitoria 2 N 2 1/2 3 E
American Sambucus 3 N 2 2 3 D
Elderberry canadensis
Black Locust Robinia 3 N 3 1 2 D
pseudoacacia
Black Willow Salix nigra 3 N 3 1 2 D
Box-Eider Maple Acer negundo 3 N 2 2 2 D
Camphor-Tree Cinnamomum 3 I 2 1 2 E
camphora
Catalpa Catalpa 3 N 2 1 2 D
bignonioides
Common Pear Pyrus communis 3 N 2 1 2 D
Eastem Populus deltoides 3 N 2 1 1 D
Cottonwood (male)
Flowering Malus spp. 3 I 2 1 3 D
Crabapple
Goiden-RainUee Koelreuteria 3 I 2 1 2 D
paniculata
Hercules-Club Zanthoxylum 3 N 1 1 3 D
Prickly-Ash clava-herculis
Japanese Black Pinus thunbergi 3 I 2 1 2 E
Pine
Ord.2005-19 13
Japanese Yew Podocarpus 3 I 2 1 2 E
macrophyllus
Japenese Maple Acer palmatum 3 I 2 2 3 D
Loblolly Pine Pinus taeda 3 N 2 1 1 E
Mesquite Prosopis 3 N 1 1 2 D
glandulosa
Mulberry Morus alba 3 N 2 1 2 D
Red Mulberry Morus rubra 3 N 2 1 2 D
Siash Pine Pinus elloittii 3 I 2 1 1 E
Sugar Hackberry Celtis laevigata 3 N 2 1 2 D
Vitex Vitex agnus- 3 I 1 1 3 D
castus
Weeping Willow Salix babylonica 3 I 3 1 2 D
Arborvitae Thuja spp. 4 I
Arizona Ash Fraxinus velutina 4 I
BeriandierAsh Fraxinus 4 I
beriandieriana
Chinaberry Melia azedarach 4 I
Chinese Tallow Sapium sebiferum 4 I
Mimosa(Silktree) Albiziajulibrissin 4 I
Siberian Elm Ulmus pumila 4 I
SiNer Maple Acer saccharinum 4 I �
Section 11. Said Appendix C of the Code of Ordinances of the City of Friendswood,
Texas, is hereby further amended by deleting the text contained in brackets and adding the
underlined text in Section 18 thereof, as follows:
"Section 18.Penalties for violations.
Any person who violates any of the provisions of this ordinance or who fails to
comply therewith or with any of the requirements thereof, including violations of
conditions and safeguards established in connection with grants of variances or
specific uses, or who erects or alters any structure, or who commences to erect or
alter any structure in violation of any detail statement of plan submitted or
approved thereunder, shall for each and every violation or noncompliance be
deemed guilty of misdemeanor and, upon conviction, fined not more than
[$1,000.00] $2,000.00, and each day such violation continues shall constitute a
separate offense. The owners of a building, structure, or premises, or part thereof,
where anything in violation of this ordinance be placed or shall exist, and any
architect, builder, contractor, agent or corporation employed in connection
therewith who may have assisted in the commission of any such violation, shall
be guilty of a separate offense and, upon conviction, shall be subject to the
penalties herein provided."
Ord.2005-19 14
Section 12. Any person who shall violate any provision of this Ordinance shall be
deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed
$2,000. Each day of violation shall constitute a separate offense.
Section 13. In the event any clause, phrase, provision, sentence, or part of this
Ordinance or the application of the same to any person or circumstances shall for any reason be
adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect,
impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part
declared to be invalid or unconstitutional; and the City Council of the City of Friendswood,
Texas, declares that it would have passed each and every part of the same notwithstanding the
omission of any such part thus declared to be invalid or unconstitutional, whether there be one or
more parts.
PASSED AND APPROVED on first reading this 15th day of Au ust,2005.
PASSED,APPROVED,AND ADOPTED on second reading this 12t�day of
September,2005.
CITY OF FRIENDSWOOD, TEXAS
�
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Kimball W. Brizendine
Mayor
ATTEST:
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O
Deloris McKenzie, TRM * *
City Secretary d�, �
7tE�
ora.2oos-i9 15