HomeMy WebLinkAboutOrdinance No. 2021-29ORDINANCE NO.2021-29
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, AMENDING APPENDIX C,
"ZONING," "SECTION 8.I.F. PRESERVING TREES;
HISTORICAL SIGNIFICANCE" TO AMEND THE TREE
MITIGATION REQUIREMENTS.
X XX 7�C 7F X X X X X
WHEREAS, the City Council ofthe City of Friendswood is continually reviewing the provisions
of the City Code of Ordinances, specifically including Appendix C of the Friendswood City Code,
("Zoning") relating to land use and other circumstances; and
WHEREAS, City Council finds it necessary to increase the tree mitigation requirements to
promote preservation of existing trees; and
WHEREAS, City Council finds it necessary to establish a fee for payment in lieu of planting
replacement trees; and
WHEREAS, the Planning and Zoning Commission of the City of Friendswood has conducted a
public hearing, received input from staff and has issued its final report recommending the amendments
referenced hereafter; and
WHEREAS, the Planning and Zoning Commission and the City Council have conducted public
hearings in the time and manner required by law; and
WHEREAS, City Council has determined that all public notices have been posted and published,
all required hearings on this matter have been held, and that this Ordinance complies with the applicable
provisions of the City Charter, City Code and all other applicable laws; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS:
Section I. That the facts and matters set forth in the preamble of this Ordinance are hereby
found to be true and correct.
Section 2. That the City of Friendswood Code of Ordinances, Appendix C, "Zoning",
"Section 8.I.f. Preserving Trees; Historical Significance" is hereby amended as indicated below.
Section 8. - Supplementary district regulations.
L Landscaping and screening requirements.
2. Perimeter landscaping and screening.
f. Preserving trees; historical significance.
(1) Findings. The founders of the city chose to locate the community in its present
location because of the inspiring, tranquil beauty of the huge oaks which occupied
the creek banks and surrounding terrain. The name given the new town,
Friendswood, was chosen because of its apt description of the settlers members of
the Friends Church, and the topographical character of the land, and the woods
found in abundance along the four creeks. Over the years, the huge oaks have
intertwined to create dense tree canopies throughout the city. The city council
hereby finds and determines that the preservation of the naturally wooded
topography is of historical significance to the city.
(2) Purpose. It is the intent of this subsection to encourage the preservation of
existing trees within the city, and the historical significance thereof, and to prohibit
their unwarranted destruction.
(3) Tree survey required.
(a) A tree survey s>7,,., ing ther-een the l,.eati,-.,, of an living trees that have
ealiper-of 17 inehes : o e o+t 41,/ feet above the �.t„ .mil efl3
r, �
gfound level,, shall be required for:
(1) All proposed development on land located in districts zoned as
neighborhood commercial (NC), community shopping center (CSC),
downtown district (DD), local neighborhood commercial (LNC), office
park district (OPD), light industrial (LI), industrial (I), agricultural (A-1),
business park (BP), planned unit development —mixed use (PUD-Mixed
Use), or multifamily residential, low density (MFR-L), multifamily
residential, medium density (MFR-M), and multifamily residential, high
density (MFR-H);
(ii) All proposed development on land for which a specific use permit is
required by sections 7.P and 9.G; and
(iii) For residential developments on land located in districts zoned as
single-family residential (SFR), planned unit development cluster- heme
(PUDC Cluster- Home), or multifamily residential -garden home district
(MFR-GHD), provided, however, the tree survey required by this
subsection shall be required only for the common areas located within
those developments, such as community parks, where residents of the
developments would have common access.
Ord. No. 2021-29 2
(b) The tree survey certified by a licensed surveyor, a certified arborist, or
registered landscape architect, that:
(i) Identifies:
1. The protected trees sought to be subjected to tree removal at the
site, according to location, type and size;
2. Location and total caliper inches of invasive species to be
removed, if seeking credit for elimination of invasive species;
3. Areas of construction or other activities to be performed within
the critical root zone of a protected tree, including site plans
documenting measures to be taken for protection of each
impacted critical root zone;
00 Includes tables summarizing the total caliper inches of protected
trees to be removed in size categories as follows:
1. 12-inch to 24-inch caliper;
2. Greater than 24-inch to 36-inch caliper; and
3. Greater than 36-inch caliper.
(iii) States the total number of caliper inches to be replaced, calculated
using the tree replacement calculation set forth below, and how
replacement will be achieved, whether by on -site replacement or off -
site replacement, or payment in lieu of replacement; and
(iv) Includes the proposed plan for tree replacement by location, type
and size, if applicable.
(bc) If the property contains no trees fitting the description in subsection (ba) of
this section, no tree survey shall be required if a signed statement verifying
that no such trees exist is filed with the community development office of the
city (hereinafter "community development").
(ed) The developer or owner of the property to be developed shall sign the tree
survey certifying that it is, to the best of their knowledge, true and correct.
(de) The tree survey shall be submitted to community development concurrently
with or as a part of the site plan, development permit or plat. Community
development shall be authorized to review the data on -site for verification.
The tree survey shall be accepted by community development or community
development shall provide a notice, in writing, of its reasons for any action
other than an acceptance thereof.
(4) Site plan to include trees.
(a) Every site plan submitted shall include all living trees identified on the tree
survey as required by subsection I1(3) of this section. 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 during construction. A tree identified as "to
be removed" indicates a tree that is scheduled for removal during construction.
Ord. No. 2021-29
Each tree removed during construction shall be mitigated as required in
subsection I.f(6) of this section.
(b) "Protected" Class 1 or Class 2 trees, 12 inches in diameter or greater,
measured at a point 4'/Z feet above the natural ground level, shall be
counted, on a one -for -one basis, toward the minimum number of trees
required by this subsection I.
Trees identified with the notation "protected" shall also be physically marked
at the development site so as to be readily distinguishable from trees that are
identified on the site plan as "to be removed."
(d) The commission may consider alternate landscape plans to promote the
protection of existing Class 1 or Class 2 trees.
(5) Review and acceptance of site plan. Community development shall review the
tree survey portion of site plans to ensure compliance with the provisions of this
subsection.
(6) Mitigation and incentives.
.
... . .............. . .......
pin
" p oteeted."
(a)(e) Mitigation shall be required, on a one for- ene basis-, for every tree Class
1 and Class 2 trees with a caliper of 12 inches or greater, measured at a point
4'/z feet above the natural ground level, that is removed from the development
site. For each such tree removed, mitigation shall be accomplished by planting
one Class 1 or Class 2 trees from the qualified tree list located in the city
design criteria manual.
(bbd) New trees used for mitigation purposes ^r for- lands, api „g shall have
ealiper of at leas* thfee inetier be calculated in accordance with Table XX,
measured at a point 18 inches above the natural ground level.
Table XX. Caliper Inch Replacement of a Protected Tree
On Site
Replacement
Off Site
Replacement
Minimum
Caliper Per Tree
in Inches
12" — 24"
1100 percent
120 percent
4-inch
24.1" — 36"
1150 percent.
170 percent
6-inch
Ord. No. 2021-29 4
Greater than200
percent
220 percent
8-inch
36"
`e) The landscaping plan shall clearly indicate which trees are being planted to
replace trees identified as "to be removed" during development.
(d) Invasive tree species harm the native tree canopy; therefore incentives
are available for elimination of species shown to be invasive on the
qualified tree list. The city shall have the discretion to reduce tree
replacement requirements based on the removal of invasive trees on -site.
Reduction of caliper inch replacement, if granted, shall be calculated in
accordance with Table XY.
Table XY. Reduction of Caliper Inch Replacement for Removal of
Invasive Trees
Caliper Inches of Invasive Trees
Percent Reduction in Total
1.Caliper Inches
Removed
50" to 150"
5 percent
150.1" to 300"
10 percent
300.1" to 500"
15 percent
Greater than 500"
20 percent
(ef) 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 compensating tree to be planted
elsewhere within the city. C—empensating- Off site replacement trees shall be
placed within the city limits on public property, private commercial
Property, educational, or institutional property as „e^Yas Masenably
, approved by the city planner and may
be accomplished by donating a tree in kind, or by payment to the eity of sue
ameui#s as may be established ffem time to time by eity eetmeil, based on the
eity's aaua4 eests ef aequisitio in lieu at a rate as established in Appendix
D. Schedule of Fees. Rates. Charges, Deposits. Bond and Insurance
Amounts. Cex�pensafift- Off site replacement trees shall be planted by the
applicant within the time periods required for replacement trees.
(fg) 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 category trees than is
required by this subsection.
(7) Tree protection. Property owners shall be required to ensure that each of the
replacement trees and trees identified as "protected" on the site plan survives. If
a replacement tree or a tree identified as "protected" fails to survive a minimum
of five years from the issuance of a_ certificate of occupancy at least, the
property owner shall replace such tree, at its sole cost and expense, within 120 days
Ord. No. 2021-29
from the date of notification by the city, with a Class ' of Class 2 the same tree
e r^m the qualified tree ' which has a minimum caliper of *h„oo i �''��
mimed 18-inches above natural ground- -level. as prescribed in section
I.2.f.(6)(b) of this appendix.
g. One tree required for each lot developed for single-family residential use. Each lot
developed for single-family residential use shall have one of the qualified trees located
in the required front yard, 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 space in the front yard for proper
growth, or where the planting of the tree would constitute a hazard to persons or
property.
h. Exception for lots used for single-family residential dwelling purposes.
Notwithstanding any other provision of this subsection I to the contrary, nothing
contained herein shall be deemed to prohibit the owner or occupant of a single-family
residential dwelling from trimming, pruning, or removing any tree located on a lot
owned or occupied by such person as a private residence, provided that at least one tree
is retained in the front yard, per section 8.I.g.
Section I That this Ordinance is hereby incorporated and made a part of the
Friendswood City Code of Ordinances. Violation of this Ordinance is subject to the penalty
provisions contained in such Code under Section 1-14 "General penalty for violations of Code;
continuing violations", and as otherwise provided by law. Any person who shall willfully,
intentionally, or with criminal negligence violate any provision of this Ordinance shall be deemed
guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed
$2,000.00. Each day of violation shall constitute a separate offense.
Section 4. That all ordinances or parts of ordinances in conflict or inconsistent with this
Ordinance are hereby expressly repealed.
Section 5. That 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.
Section 6. That the City Secretary shall give notice of the enactment of this Ordinance
by promptly publishing it or its descriptive caption and penalty after final passage in the official
newspaper of the City; the Ordinance to take effect upon publication.
Ord. No. 2021-29 6
PASSED AND APPROVED on first reading this 4th day of OCTOBER, 2021.
ATTPc T
APPROVED AS TO FORM:
MAR KAY ISCHER, City Attorney
MWE F0RVMAf4,
FFt1ENDs
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PASSED, APPROVED AND ADOPTED on second and final reading this 1st day of
NOVE. VIBER, 2021.
ATTEST:
CIA BRYSCH, City
APPROVED AS TO FOR
old A
MAYAY F CHER, City Attorney
Ord. No. 2021-29 7