Agenda Packet P&Z 04/27/2005Town of Trophy Club
Planning & Zoning Commission Regular Session Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Wednesday, April 27, 2005
7:00 P.M.
A.1 Call to order and announce a quorum.
B.1 Discuss and take appropriate action relative to:
A request for Plat Amendment to lots 19 & 20, block 2 of The Villas at Trophy Club. Applicant:
David Baxter, (AP-05-003)
B.2 Discuss and take appropriate action relative to:
Revision to Town Ordinance No. 2002-42 P&Z (Construction of Fences).
B.3 Discuss and take appropriate action relative to:
Revision to Town Ordinance No. 2002-40 P&Z (Tree Preservation an Removal).
C.1 Review and approve minutes:
A. 17 March 2005
D.1 Adjournment.
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 4-27-2005
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
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PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 4-27-2005
Subject: Agenda Item No.B.1
Discuss and take appropriate action relative to:
A request for Plat Amendment to lots 19 & 20, block 2 of The Villas at Trophy
Club. Applicant: David Baxter, (AP-05-003)
LOCATION: 19 & 20 Hanna Court
OWNER: David Baxter
APPLICANT: David Baxter
LAND PLANNER: N/A
NO. NOTICES SENT: Notices are not required for an Amending Plat
RESPONSES: N/A
STAFF COMMENTS: Mr. Baxter is requesting a Plat Amendment to combine Lots 19 & 20
of the Villas at Trophy Club. The Plat Amendment appears to be in compliance with the Town’s
Subdivision Regulations.
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Planning Review Comments
February 7, 2005
Project: Request for Amended Plat, Lots 19 & 20, Block 2 of The
Villas at Trophy Club
Current Zoning: Planned Development District No. 14
Use Designation: Single Family Residential
Requested Use: Same
Location: North of HWY 114, south of Plaza Drive, east of Trophy
Wood Drive
Comments:
After reviewing the amending plat application for The Villas at Trophy Club, staff has the
following comments:
1. The title block should read Amending Plat instead of Re-Plat.
2. Revise references of “City” of Trophy Club to “Town” of Trophy Club in property
descriptions.
3. Change lot number to 19R, throughout plat. (New address will be 19 Hanna Court)
The submitted amending plat appears to meet all requirements of Section 3.9 of the
Subdivision Regulations with the above item corrected.
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 4-27-2005
Subject: Agenda Item No.B.2
Discuss and take appropriate action relative to:
Revision to Town Ordinance No. 2002-42 P&Z (Construction of Fences).
STAFF COMMENTS:
The Fence Ordinance revision has prompted a re-examination of the Ordinance in general. It is
commonplace in most cities to place fence guidelines in the zoning document. In fact, five
sections of the current Fence Ordinance are presently in the Town’s zoning ordinance, verbatim.
As a result, the guidelines pertaining to fences have been moved to Section 45 of the zoning
ordinance, entitled “Screening & Fencing”. The following draft of a new Section 45 relates only
to screening and fencing.
The current fence ordinance also contains guidelines for retaining walls and animal runs. The
retaining wall criteria will be moved to the Town’s Subdivision Regulations document, and the
animal run criteria will be relocated as well.
Following is a summary of the changes:
The definitions pertaining to only to fences will be added to the Definitions section of the Zoning
Ordinance. Definitions that no longer appear in the text have been deleted.
A. Purpose: Section remains the same; reference to Fence Ordinance has been
removed.
B. Fences: Section pertains to height and where measurement is taken. Height
is increased to 8 feet.
C. Location: Section broken down into subsections for
Front Elevation remains the same
Side Yard remains the same
Parallel Fences, added (c) and (b)
Golf Course remains the same
Perimeter Fencing remains the same – the section is in both the current Fence Ordinance
as well as the current Section 45 of the Zoning Ordinance
D. Materials: New section broken out into Acceptable and Prohibited. Scope of
materials is larger than present standards.
E. General Construction Requirements: Section remains the same
F. Construction Requirements for Pre-Cast Concrete Fences: New section
G. Screening Standards remains the same – the section is in both the current
Fence Ordinance as well as the current Section 45 of the Zoning Ordinance.
H. Maintenance and Repair of Non-Living Material remains the same – the
section is in both the current Fence Ordinance as well as the current Section
45 of the Zoning Ordinance.
I. Maintenance of Living Material remains the same – the section is in both the current Fence
Ordinance as well as the current Section 45 of the Zoning Ordinance.
J. Additional Screening, Fencing, Landscaping remains the same – the section is in both the
current Fence Ordinance as well as the current Section 45 of the Zoning Ordinance.
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TOWN OF TROPHY CLUB
ORDINANCE NO. 2005 - __ P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN
COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS,
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
Ordinance No. 2000-06 P&Z, of the Town of Trophy Club, Texas, the same being the
Town’s Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and
all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended
but are hereby ratified and affirmed:
Article 2, Section 10 – General Definitions is amended as follows:
Barrier: A fence, wall, building wall or combination thereof which completely surrounds a
swimming pool or spa and obstructs or restricts access to such swimming pool or spa.
Building Official: The Building Official for the Town of Trophy Club, Texas or his or her
designee.
Dilapidated: The condition of a building or structure that has fallen into a state of disrepair, ruin
or decay.
Facing: A veneer of masonry material with the appearance of brick, stucco, limestone or other
materials similar to the foregoing that may be applied to the surface of a building or structure.
Fence: Any wall or structure more than three feet (3’) in height constructed or placed for the
purpose of enclosing, screening, restricting access, or decorating any real property, building or
structure. In no event shall “fence” mean any wall or structure constructed or placed in the front
yard of a residence.
Maintenance: The work of keeping a building or structure in proper condition.
Opaque: A fence material that is impenetrable by light; neither transparent nor translucent.
Picket Fence: Any fence, which has any two (2) adjacent slats or pickets more than one-half
inch (½”) apart.
Repair: The reconstruction or renewal of any part of an existing building or structure for the
purpose of maintenance
Screening: To conceal an object from public view by means of landscaping materials or an
opaque fence.
Wood Rail Fence: A fence made of wood, typically with vertical support posts and horizontal
wooden posts or split rails. The horizontal rails typically consist of two or three parallel rails
with open space between the rails.
Article 7, Section 45 – Screening & Fencing is amended as follows:
SECTION 45 – SCREENING AND FENCING
A. Purpose: To encourage the most appropriate use of land and conserve and protect the
privacy and value of adjacent permitted uses, regulations are prescribed herein for the
location and type of various screening devices to be used when required in the various
zoning districts or in this Section in accordance with the following standards. Provided,
however, that nothing in this Section shall be deemed to repeal any provision of the Town
fence ordinance, and all provisions of said ordinance shall be compiled with and are hereby
ratified, verified, approved, and affirmed.
B. Fences:
1. Height Requirements: The height of the fence shall be taken from the inside of the
fence on the property at which it is installed and shall be measured from the natural
grade of the ground to the top of the fence if there is no retaining wall. In the event
that a retaining wall is utilized, the fence shall be measured from the upper most
surface of the retaining wall.
a. Front, Side & Rear Yards: Eight feet (8’), maximum height.
C. Location: No fence shall be constructed in a manner that obstructs proper visual clearance
for vehicular traffic.
1. Front Elevation: Ten feet (10’) behind the front elevation of primary structure.
2. Side Yard Adjacent to Side Street: Within the side yard building setback.
3. Parallel Fences: Fences shall not be constructed parallel to and within twenty feet
(20’) from an existing fence, with the following exceptions:
a. Surrounding a transformer;
b. Providing a barrier for pools and spas as required by applicable law;
c. The fence shares a common post with the existing fence;
d. Due to construction limitations, as determined by the Planning & Zoning Official
or their designee, it is not possible to share a common post, in which case the
fence shall not be constructed more that ten inches (10”) from the existing fence.
4. Golf Course Lots:
a. All fences facing or abutting golf course lots shall be constructed of ornamental
metal.
b. All fences on lots contiguous to a golf course shall be a minimum of four feet (4’)
and a maximum of six feet (6’) in height.
c. On lots abutting a golf course in residentially zoned areas, screening along the
golf course shall be limited to the height of the fence and shall meet all other
requirements of this Ordinance.
5. Perimeter Fencing: Perimeter fencing shall be provided according to the following
requirements:
a. A decorative masonry or ornamental wall or wood fence consisting of masonry
posts at eight foot (8’) intervals with sealed Western Red Cedar Welco wooden
insets or equivalent, shall be constructed on property lying along the perimeter
Town Limits line of the Town in conjunction with development of that property,
unless otherwise provided in this ordinance.
b. The extent to which fencing or walls are constructed shall be determined by the
Planning and Zoning Commission upon consideration of a site specific request
and upon the submitting of appropriate documentation material.
c.
b.
Where a tract of land has been platted or is owned under single ownership or
under single control, which tract of land touches any part of the perimeter or
corporate limits of the Town, the owner, subdivider or developer of that tract of
land shall build, erect or place a continuous wall or fence at least eight feet (8’) in
height at the time any street improvements are constructed within the subdivision,
at the commencement of construction, or upon the development of any kind upon
the said tract of land.
d.
c.
Construction material for the extension and design of perimeter fences shall be
subject to the approval of the Town Council, upon recommendation by the
Planning and Zoning Commission.
D. Materials:
1. Acceptable Materials: Brick, stone, architectural-grade metal, pre-cast concrete,
concrete masonry unit with facing, wood, wrought iron, poured-in-place concrete, a
combination thereof, or similar materials approved by the Planning & Zoning
Coordinator or their designee.
2. Prohibited Materials: Chain link; mesh; rope; string; wire and wire products
including, but not limited to, barbed wire, razor ribbon wire, chicken wire, wire fabric
and welded wire fabrics; chain; netting; cut or broken glass; paper; corrugated metal
panels; landscape timbers, railroad ties, lattice work panels and plywood are
prohibited. Wood, metal or plastic products that are designed specifically for uses other
than fence construction are also prohibited.
E. General Construction Requirements: All requirements of the International
Residential Code, and all amendments thereto, adopted by the Town shall be applicable to
the construction of a fence and are hereby incorporated herein and made a part of this
Ordinance.
1. A fence shall not be constructed in a manner which alters the natural drainage or
existing planned drainage.
2. In order to allow for entrance and exit of fire and police department personnel, each
fence must contain at least one (1) gate not less than three feet (3’) wide.
3. Fences constructed, repaired or maintained on common street rights-of-way and
property lines in all subdivisions shall have the finished side of the fence facing the
street. Fences on interior lot lines that are not common with street rights-of-way shall
be constructed with the finished side faced according to the discretion of the property
owner constructing the fence.
F. Construction Requirements for Pre-cast Concrete Fences: All Pre-cast concrete fences
shall be designed by a professional engineer licensed by the State of Texas.
G. Screening Standards: The following screening standards shall be compiled with:
1. Fences, walls and dense landscaped hedges or plantings are permitted in any zoning
district as a screening element; however, such screening elements shall conform to the
restrictions set forth herein.
2. Where a non-residential use abuts a residential lot, use or district, the side and rear
property lines abutting said residential lot, use or district shall be solidly fenced to a
height of eight feet (8’) by the non-residential use with a wall of masonry construction,
unless other material has been approved by the Town Council upon recommendation
of the Planning and Zoning Commission, so as to obscure the view from the residential
lot, use or district to the non-residential use. Where the district boundary dividing a
residential district from a non-residential district is along a street or alley, and an
automobile parking lot or parking area is located in the front yard of the non-
residential use, the said parking lot or parking area facing the residential lot, use or
district shall be suitably screened with a wall of masonry construction, unless other
material has been approved by the Town Council upon recommendation of the
Planning and Zoning Commission, to a height of not less than four feet (4’).
3. In non-residential areas, garbage, refuse and trash collection/storage areas shall be
gated and fully screened from view by a masonry fence or wall of at least eight feet
(8’) in height.
4. Off-street loading areas shall be adequately screened from view of any residential
dwelling and from any other adjacent land use, as indicated in Section 50 - Parking
and Loading Area Development Standards for Non-Residential Uses, item D.
5. In any district, exterior appliances and equipment shall be screened so as not to be
visible from any street. All utility and mechanical equipment shall be screened with a
masonry fence or wall, unless other material has been approved by the Town Council
upon recommendation of the Planning and Zoning Commission.
6. On lots abutting a golf course in residentially zoned areas, screening along the golf
course shall be limited to the height of the fence and shall meet all other requirements
of this Ordinance.
7. Screening, as herein referred, shall mean any of the following:
a. Any material constructed of masonry, or of a concrete or metal frame, or wood
base which supports a permanent type material, the vertical surface of which is
not more than thirty percent (30%) open; or
b. Any dense evergreen hedge or plant material suitable for providing an opaque
visual barrier, for which such material shall be maintained in a healthy growing
condition.
c. A solid cedar fence.
8. No screening element shall be constructed, erected, placed, planted or maintained in
such position or location so as to be dangerous or detrimental to the health or safety of
persons, or in any way obstruct the view so as to constitute a traffic hazard to or on any
public or private street or driveway. Provided, however, that the natural existing
terrain which cannot be removed by reasonable landscaping techniques, including
retaining walls constructed below or at the same grade of said natural existing terrain,
shall be excluded from the objects otherwise prohibited.
9. Landscaped earth berms may, when appropriate in scale, be used as a screening
element in conjunction with a fence, wall, hedge or other dense planting material.
10. Fences, Walls, Hedges: With the exception of other provisions of this ordinance,
fences, walls, and hedges may be permitted in any required rear or side yard, or along
the edge of any such yard as a screening, decorative or containment element, a
maximum of eight feet (8’) not to exceed six feet in height, provided the following
shall be observed:
a. Nothing shall be erected placed, planted or maintained on a corner lot or
parkway adjacent thereto so as to interfere with the visual line of sight at an
elevation between two and one-half feet (2-1/2') and eight feet (8') above the top
of the adjacent street curb, or if there is no curb then from the average street
grade, within a triangular area formed by the intersection of the adjacent street
right-of-way lines and a line formed by connecting a point thirty-five feet (35’)
from the street intersection on one street right-of-way line with a corresponding
point on he other street right-of-way line. Any object so erected, placed, planted
or maintained shall be a prima facie evidence that said object, or combination of
objects, is an obstruction constituting a traffic hazard.
b. At Interior Lots: On an interior lot in any district, nothing shall be erected,
placed, planted or allowed to grow in such a manner as to impede vision or in
any way create a traffic hazard to motorists, whether the impediment includes
entering or exiting any public highway, street, alley or private street or highway,
driveway from or to adjacent private property.
c. Any object or combination of objects placed, planted or maintained in violation
of this ordinance, shall be removed upon written notice by certified mail from
the Town Planning and Zoning Official, or their representative, to the owner,
agent or occupant of the premises or property where such obstruction has been
erected, placed, planted or maintained.
d. Railroad cross-ties and landscape timber shall not be allowed as construction
material.
H. Maintenance and Repair of Non-Living Material: All required screening materials shall
be maintained and repaired in a neat and orderly manner at all times. Screening areas shall
be kept free of trash, litter, weeds, and other such materials or plants not a part of the
screening or landscaping.
A permit shall be required for maintenance and/or replacement of thirty percent (30%) or
more of a fence that faces or fronts an existing right-of-way. No permit shall be required for
maintenance work on fences walls that do not front or face a right-of-way.
I. Maintenance of Living Material: All required screening materials shall be maintained and
repaired in a neat and orderly manner at all times. This shall include, but not be limited to
pruning, fertilizing, watering, mowing, weeding, and other such activities common to the
maintenance of landscaping. Appropriate facilities for watering any plant material shall be
installed at time of planting. Screening areas shall be kept free of trash, litter, weeds, and
other such materials or plants not a part of the screening or landscaping. All plant material
shall be maintained in a healthy and growing condition as is appropriate for the season of the
year. All plant material which dies shall be replaced with plant material of similar variety
and size.
J. Additional Screening, Fencing, Landscaping: The Planning and Zoning Commission may
recommend and the Town Council may require screening, fencing and landscaping
requirements on any zoning case in addition to or in lieu of screening or fencing
requirements set out specifically in each use district when the nature and character of
surrounding or adjacent property dictates a need to require such devices in order to protect
such property and to further provide protection for the general health, welfare and morals of
the community in general.
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 4-27-2005
Subject: Agenda Item No.B.3
Discuss and take appropriate action relative to:
Revision to Town Ordinance No. 2002-40 P&Z (Tree Preservation an Removal).
STAFF COMMENTS: The following ordinance is a minor revision to the Town’s existing
Tree Preservation and Removal Ordinance. Through its application, Town staff identified areas
that need to be strengthened to ensure applicability to all real property within the Town limits,
while excluding developed single-family and multi family residential property. The
Applicability section of 8.3 has been revised and Section 8.11 has been added pertaining to Land
Disturbing Activities. Adam Adams, Parks and Recreation Director will be present at the
meeting to discuss the changes with the Commission.
Backup includes two versions of the ordinance, one in legislative format and the second in final
form.
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TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2002-40 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ORDINANCE NO. 20012-30 40 P&Z OF THE TOWN
WHICH REPEALED AMENDED ORDINANCE 2001-21 30 P&Z,
GOVERNING AND REGULATING THE PLATTING AND SUBDIVISION
OF LAND WITHIN AND WITHOUT THE CORPORATE LIMITS OF
THE TOWN OF TROPHY CLUB BY ADDING ARTICLE 8, “TREE
PRESERVATION AND REMOVAL”; AND ADOPTING A NEW
ORDINANCE AMENDING ORDINANCE 2001-21 P&Z, GOVERNING
AND REGULATING THE PLATTING AND SUBDIVISION OF LAND
WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE TOWN
OF TROPHY CLUB BY ADOPTING A NEW ARTICLE 8 “TREE
PRESERVATION AND REMOVAL”, BY REVISING SUBSECTION 2,
ENTITLED “APPLICABILITY” OF SECTION 8.3 “TREE
PRESERVATION”, AND BY ADDING A NEW SECTION 8.11
ENTITLED “LAND DISTURBING ACTIVITIES” BY INCLUDING
CRITERIA FOR PERMIT AND APPROVAL REQUIREMENTS,
EXCEPTIONS, GENERAL REGULATION STANDARDS AND SITE
EVALUATION CRITERIA AND; PROVIDING DEFINITIONS;
ESTABLISHING PROVISIONS FOR A TREE BOARD; PROVIDING
TREE PRESERVATION; PROVIDING FOR INFORMATIONAL
ASSISTANCE; PROVIDING FOR PROTECTED TREES; PROVIDING A
PROTECTED TREE LIST; PROVIDING FOR SPECIMEN TREES;
PROVIDING FOR MAJESTIC OR HISTORIC TREES; PROVIDING FOR
TREE REMOVAL AND REPLACEMENT; PROVIDING AN APPROVED
TREE PLANTING AND REPLACEMENT LIST; PROVIDING AN
APPROVED MEDIAN AND RIGHT-OF-WAY TREE PLANTING LIST;
PROVIDING FOR TREE PROTECTION MEASURES; REQUIRING
TREE PERMITS FOR REPLANTING AND REMOVAL; PROVIDING AN
APPEAL PROCESS; PROVIDING A CUMULATIVE CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas, is authorized and
empowered by law, in accordance with Chapter 212 of the Texas Local Government Code to
regulate the subdivision of land and property development within and without the corporate
limits of the Town; and
WHEREAS, on December 172, 20012, the Town adopted Ordinance No. 20012-340
P&Z, which amended Ordinance No. 2001-21 P&Z, governing and regulating the platting and
subdivision of land within and without the corporate limits of the Town of Trophy Club by
adding revising Article 8, theentitled “Tree Preservation and Removal” Ordinance in order to
designate duties of the Tree Board, the requirement to adopt provisions for the annual
development of a written plan, in conjunction with the Town’s Superintendent, for the care,
preservation, trimming, planting, replanting, removal, or disposition of trees and shrubs in public
ways, streets, alleys, and parks; and
WHEREAS, on September 17, 2001, the Town adopted Ordinance No. 2001-21 P&Z,
governing and regulating the platting and subdivision of land within and without the corporate
limits of the Town of Trophy Club, (“hereinafter Subdivision Regulations”);
WHEREAS, subsequent to the approval of Ordinance No. 2001-30 P&Z, the Town
determined it necessary to add to the duties of the Tree Board, the requirement to adopt
provisions for the annual development of a written plan, in conjunction with the Town’s
Superintendent, for the care, preservation, trimming, planting, replanting, removal, or disposition
of trees and shrubs in public ways, streets, alleys, and parks;
WHEREAS, due to recent events within the Town specifically relating to land disturbing
activities which have caused concern about the preservation of trees at a pre-development phase,
Town staff has recommended an update to Article 8 of the Subdivision Regulations, Town
Ordinance No. 2002-40 P&Z by revising subsection 2, entitled “Applicability” of Section 8.3
“Tree Preservation”, and by adding a new section 8.11 entitled “Land Disturbing Activities” by
including criteria for Permit and Approval Requirements, Exceptions, General Regulation
Standards and Site Evaluation Criteria and;
WHEREAS, the adoption of such provisions has been reviewed by Town’s Planning and
Zoning Commission, which recommends approval of such provisions; and through this
ordinance adding item “f” to Subsection 8 “Duties and Responsibilities” of section 8.2, Tree
Board of Article 8 of the Town’s Subdivision Regulations;
WHEREAS, the Town Council now deems it necessary for the safe, orderly, and
healthful development of the Town and in the best interest of the Town of Trophy Club, Texas,
to adopt this Ordinance by repealing and replacing Ordinance No. 20012-340 P&Z.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein
and made a part hereof for all purposes.
SECTION 2.
AMENDMENT; TREE PRESERVATION AND REMOVAL
Ordinance No. 20012-340 P&Z of the Town of Trophy Club, Texas, the same governing
and regulating the development, platting, and subdivision of land within and without the
corporate limits of the Town, is hereby repealed and replaced by adding revising Subsection item
f2. of to Section 8.32 of Article 8 and by adding in its entirety Section 8.11, and all other
articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are
hereby ratified and affirmed. Article 8 is hereby added in its entirety as follows:
ARTICLE 8
TREE PRESERVATION AND REMOVAL
SECTION 8.1 DEFINITIONS
“Buildable Area” shall mean that portion of building site exclusive of the required yard areas on
which a structure or building improvement may be erected and including the actual structure,
driveway, parking lot, pool, and other construction as shown on a site plan.
“Canopy” shall mean any high covering limbs and/or leaves hanging over or creating shelter
under the tree’s foliage.
“Community Development Manager or Director” shall mean the Community Development
Manager of the Town of Trophy Club Texas, or his or her designee.
“Crown” shall mean the top, upper, or highest portion of a tree, including the leaves and living
branches.
“Developer” shall mean any individual, partnership, firm, association, joint venture,
organization, corporation, builder, construction company or governmental entity.
“Drip Line” shall mean the area directly under the canopy or shelter area created by the canopy.
“Historic Tree” shall have the meaning assigned in Section 8.7 of this Ordinance.
Land-Disturbing Activity: Any activity, including but not limited to excavation, planting,
tilling, grading, digging, cutting, scraping, or excavating of soil, placement of fill materials,
paving, construction, substantial removal of vegetation, or any activity which bares soil or rock
or involves the diversion or piping of any natural or man-made watercourse, which disturbs the
natural or improved vegetative ground cover so as to expose soil to the erosive forces of rain,
storm water runoff or wind. All installations and maintenance of franchise utilities such as
telephone, gas, electric, etc., shall be considered land-disturbing activities.
“Majestic Tree” shall have the meaning assigned in Section 8.7 of this Ordinance.
“Original Construction” shall mean initial construction.
“Parks & Recreation Manager or Director” shall mean the Parks & Recreation Director of the
Town of Trophy Club Texas, or his or her designee.
“Person” shall mean an individual, corporation, firm, partnership, association, company, joint
venture, organization or other legal entity, other than the Town of Trophy Club, the Municipal
Utility District 1 or the Municipal Utility District 2.
“Protected Tree” shall have the meaning assigned in Section 8.5 of this Ordinance.
“Specimen Trees” shall have the meaning assigned in Section 8.6 of this Ordinance.
SECTION 8.2 TREE BOARD
1. Creation and Establishment of a Town Tree Board: There is hereby created and
established a Town Tree Board for the Town of Trophy Club, Texas which shall consist
of five (5) regular members, each to be appointed by a majority of the Town Council.
2. Term of Membership: Members of the Tree Board shall be appointed by the Town
Council for a two (2) year term, but serve at the pleasure of and subject to removal and
re-appointment by the Town Council. Two (2) members shall be appointed to serve one
(1) year terms for the first year of the Tree Board; and three (3) members shall be
appointed to serve a two (2) year term. All successive terms shall be served on the basis
of two (2) year terms for all members. In the event that a vacancy occurs on the Tree
Board, the Town Council will appoint a new member to complete the un-expired term. A
member ceasing to reside in the Town of Trophy Club, or elected to public office during
his/her term of office shall immediately forfeit his/her membership.
3. Resident of Trophy Club: Each member of the Tree Board shall be a resident of the
Town of Trophy Club at the time of his/her appointment.
4. Officers: The Tree Board shall select from among its regular members, a chairman, and
an acting chairman to act in the absence of the chairman, and a secretary.
5. Meetings: All meetings of the Tree Board shall be open to the public. The Tree Board
shall keep minutes of its proceedings showing the vote of each member upon each
question or, if absent or failing to vote, indicating such fact, and shall keep record of its
examinations and others official actions, all of which shall be filed the office of the
Community Development ManagerParks & Recreation Director or authorized designee
and shall be a public record. The Community Development ManagerParks & Recreation
Director of the Town of Trophy Club shall be the custodian and processor of the records
and minutes of the Tree Board.
Meetings of the Tree Board may be held as often as necessary to conduct the business
coming before the Board and shall be held at the call of the Chairman and at other such
times as a majority of the Board may determine.
6. Compensation: Members of the Board shall be volunteers and shall serve without
compensation.
7. Attendance: Three (3) consecutive absences that are not excused by the Board, or the
absence of a regular member from more than twenty-five (25) percent of the posted
meetings in any twelve (12) month period, shall cause the Tree Board to review the
attendance record of the member and make a recommendation to the Town Council on
continued service and reappointment.
8. Duties and Responsibilities: It shall be the responsibility of the Tree Board to:
a. Determine cash value for a tree replacement;
b. Designate Protected, Specimen, Historical, and Majestic trees, as defined herein;
c. Develop and approve tree lists;
d. Inform and develop an informational tree pamphlet; and
e. Hear appeals.
f. Annually develop a written plan, in conjunction with the Town’s Landscape
Superintendent, for the care, preservation, trimming, planting, replanting,
removal, or disposition of trees and shrubs in public ways, streets, alleys, and
parks. Such plan will be presented annually to the Town Council and upon
acceptance and approval, shall constitute the official comprehensive Tree Plan for
the Town of Trophy Club. The Town’s Landscape Superintendent shall be
charged with carrying out the plan.
SECTION 8.3 TREE PRESERVATION
1. Intent: The removal or replanting of any protected trees (specifically, Protected,
Specimen, Majestic or Historic Trees, as defined in this Ordinance) requires a Tree
Removal Permit or a Tree Replanting Permit, as the case may be, in accordance with the
terms and provisions hereof. The terms and provisions of this Ordinance allow trees
located within necessary public rights-of-way, easements, and the buildable area of a
building lot or site where the lot or site is less than one (1) acre in size to be removed
without a Tree Removal Permit and prior to the issuance of a building permit. It is
provided, however, that where a building lot or site is one (1) acre in size or larger, then
no Protected, Specimen, Majestic or Historic Trees shall be removed from the buildable
area of the lot or site before the issuance of a building permit relating to the lot or site.
2. 2. Applicability: The purpose of this Ordinance is to regulate undeveloped and
vacant real property in accordance with the regulations contained herein both prior
to and during the platting, subdivision and development of property, including but
not limited to grading or any other construction activity. The purpose of this
Ordinance is to regulate undeveloped and vacant real property as a developer or
land owner proceeds through the platting, subdivision and development process.
Except as otherwise specifically provided herein, this Ordinance shall not apply to
the subsequent owners or lessees of property after the platting, subdivision process
and original construction process until receipt of a certificate of occupancy has been
completed. Except as otherwise provided herein, the terms and provisions of this
Ordinance shall apply to the real property Except as otherwise provided herein, the
terms and provisions of this Ordinance shall apply to real property within the
Town’s limits and upon:The terms and provisions of this SectionOrdinance shall
apply to all real property within the Town’s corporate limits which is one (1) acre or
greater in size and which meets one or more of the following criteria:
a. aAll vacant or undeveloped real property prior to and during the platting,
subdivision and development of property, including but not limited to
grading, any other construction activity on the property, or preparation of
the property for any construction activity thereon; within the Town’s
corporate limits ; as follows:
a. All real property upon which any Protected, Specimen, Majestic, or Historic Tree
is located, excluding developed single-family and two family residential property.
which is vacant or undeveloped at the time of passage of this ordinance.
b. All vacant and undeveloped real property; and
cb. All platted real property which is re-platted, re-subdivided or for which additional subdivision
occurs. real property to be subdivided or re-subdivided, including record plats and replats.
The terms and provisions of this Ordinance shall not apply to The yard areas of all
developed property, excluding ddeveloped single family and two-family residential
property.
3. Exceptions: Under the following circumstances, a tree removal permit is not required:
a. In the event that any Protected, Specimen, Majestic or Historic Tree shall be
determined to be in a hazardous or dangerous condition so as to endanger the
public health, welfare or safety, and require immediate removal without delay,
authorization for removal may be given by the Town Manager or Community
Development ManagerParks & Recreation Director upon the request of the owner
of the property upon which the tree is located, and such Protected, Specimen,
Majestic or Historic Tree may then be removed without obtaining a written permit
as required by this ordinance.
b. During the period of an emergency, such as a tornado, storm, flood or other
act of God, the requirements of this Ordinance may be waived as deemed
necessary by the Town Manager or Community Development ManagerParks
& Recreation Director.
c. Utility companies franchised or otherwise authorized to provide utility
service may remove Protected, Specimen, Majestic or Historic Trees that
endanger public safety and welfare by interfering with utility service.
d. The mowing, clearing and grubbing of brush located within or under the drip lines
of Protected, Specimen, Majestic or Historic Trees shall be allowed, provided
such mowing, clearing or grubbing is accomplished by hand or by manually
operated mowers. The use of bulldozers, loaders or other construction or earth
moving equipment for this purpose shall not be allowed.
e. For public recreational property or uses, such as public golf courses and baseball,
soccer, football or similar public athletic facilities, and public works projects such
as water or waste water treatment plants, pump stations, storage tanks, and public
streets and drainage improvements, the buildable area of the property shall
include that portion of the property necessary for the construction of such
recreational and public works improvements, including sufficient adjacent area to
allow the normal operation of construction equipment.
f. The terms and provisions of this Ordinance shall not apply to a lot of record, a
deed for which was recorded in the office of the County Clerk prior to the passage
of this Ordinance, or to any development, subdivision or re-subdivision for which
a completed application for approval has been filed with the Town or for which a
plat has been approved by the Planning and Zoning Commission and/or the Town
Council and filed in the plat records of the County prior to the effective date of
this Ordinance.
g. All easements and rights-of-way included on a record plat approved by the Town
and filed in the plat records of the County.
SECTION 8.4 INFORMATIONAL ASSISTANCE
1. In furtherance of the purpose and provisions hereof, the Town’s Tree Board shall develop
and make available to persons making application for either Tree Removal Permits or
Tree Replanting Permits, and make available to the general public an informational
pamphlet identifying appropriate and useful facts, guidelines and how-to information
relative to the preservation, protection and replanting of trees.
2. The Community Development ManagerParks & Recreation Director or authorized
designee shall also develop, maintain and make available to applicants for Tree Removal
Permits or Tree Replanting Permits and to the general public a tree species reference
book to provide more detailed information concerning tree care in general and the
characteristics, soil and growth requirements and other traits of specific tree species
identified on the Town’s Protected Tree List and Approved Tree Planting and
Replacement List.
3. A current edition of the Texas Association of Nurserymen Grades and Standards, as
applicable to the tree species on the Town’s Protected Tree List and Approved Tree
Planting and Replacement List, shall be maintained by the Community Development
ManagerParks & Recreation Director or authorized designee and made available to
applicants for building permits, Tree Removal Permits or Tree Replanting Permits and to
the general public, as only those trees meeting and planted or replanted in accordance
with the applicable Texas Association of Nurserymen Grades and Standards shall satisfy
the tree planting, replanting and/or replacement standards and requirements contained
herein.
SECTION 8.5 PROTECTED TREES
1. Designation of Protected Trees: A “Protected Tree” shall be any existing living tree of a
species or type listed on the Town of Trophy Club Protected Tree List and that has or
possesses each of the following characteristics or criteria:
a. A single trunk of six inches (6”) in caliper width or greater, measured at one foot
(1’) above natural grade level, and at least eight feet (8’) high; or a multi-trunk
having a total caliper width of eight inches (8”), measured by combining the
caliper width of the largest stem or branch with one-half (½) the caliper width of
each additional stem or branch, all measured at one foot (1’) above natural grade
level, and at least twelve feet (12’) high; and
b. Located outside of a public street, alley, right-of-way, utility easement, drainage
easement, fence easement, pedestrian access easement, or other public right-of-
way or easement; or the buildable area of a building lot or site, as included on a
record plat approved by the Town Council and filed in the plat records of the
County; or the buildable area of a building lot or site, as included on a building
permit site plan approved by the Town. For the purposes of any development of a
building lot or site one (1) acre in area or larger, “buildable area” shall mean all
that portion of the building lot or site inclusive of the footprint of the building(s)
and projected ten (10’) feet from the outside of the building footprint. For the
purposes of any development of a building lot or site less than one (1) acre in
area, “buildable area” shall mean that portion of the building lot or site not within
the required front yard, side yard and rear yard areas. For the purposes of issuing
building permits, “buildable area” shall also mean those areas on a building lot or
site, as shown on the required site plan, necessary for the construction of such
other improvements as driveways, parking areas, pools, tennis courts and
accessory buildings, including sufficient adjacent area to allow the normal
operation of construction equipment.
2. Exception: A Protected Tree shall not include any living tree that a registered arborist or
landscape architect certifies in writing is injured, dying, diseased or infested with harmful
insects; that is in danger of falling, interferes with utility service or creates unsafe vision
clearance; in any manner creates a hazardous or dangerous condition so as to endanger
the public health, welfare or safety; or that is identified on approved subdivision
construction plans as necessary to be removed to comply with EPA storm water
permitting requirements or FHA lot grading plans.
3. Approved Tree List:
a. General: The tree species lists contained herein have been developed and will be
periodically updated by the Town’s Tree Board (created and established) and
shall be maintained as guides for the identification and selection of tree species
that meet the various standards and requirements of this Ordinance. Trees
included on these tree species lists were selected on the basis of one or more of
the following criteria or factors: hardiness, resistance to disease, suitability
relative to local climate and soil conditions, adaptability for transplantation,
longevity, adaptability to various landscape conditions, resistance to drought,
aesthetic qualities, shade provision, windbreak provision, and screening qualities.
b. Protected Tree List: Only those tree species found on the following list shall be
subject to the preservation, protection and replanting requirements of this
Ordinance.
Protected Tree List
Common Name Scientific Name
Bald Cypress (Taxodium Distichum)
Black Walnut (Juglans Nigra)
Blackjack Oak (Quercus Marilandica)
Bur Oak (Quercus Macrocarpa)
Carolina Buckthorn (Rhamnus Caroliniana)
Chinese Pistache (Pistachia Chinensis)
Chinkapin Oak (Quercus Muehlenbergii)
Chittamwood (Bumelia Languinosa)
Common Persimmon Diospyros Virginiana)
Escarpment Live Oak (Quercus Fusiformis)
Lacebark Elm (Ulmus Parvifolia)
Magnolia (Magnolia Grandiflora)
Mexican Plum (Prunus Mexicana)
Pecans And Hickories (Carya Species)
Pines (Pinus Species)
Possum Ha (Ilex Decidua)
Post Oak (Quercus Stellata)
Redbuds (Cercis Species)
Sawtooth Oak (Quercus Acutissima)
Shumard Oak (Quercus Shumardi)
Southern Live Oak (Quercus Virginiana)
Texas Red Oak (Quercus Texana)
Water Oak (Quercus Nigra)
Western Soapberry (Sapindus Drummondii)
Yaupon Holly (Ilex Vomitoria)
4. Replanting of Protected Trees: No person, directly or indirectly, shall replant,
relocate, transfer or move from one location to another any Protected Tree on any
real property within the Town of Trophy Club without first obtaining a Tree
Replanting Permit.
5. Replanting Standards: Only those trees meeting and replanted in accordance with
the applicable Texas Association of Nurserymen Grades and Standards shall
satisfy the tree replanting requirements contained herein.
6. Penalty for Unauthorized Replanting of Protected Trees: Any person replanting,
relocating, transferring or moving from one location to another any Protected
Trees on any real property within the Town of Trophy Club without first
obtaining a Tree Replanting Permit, shall be deemed guilty of a misdemeanor and,
upon conviction thereof, shall be punished as provided below.
SECTION 8.6 SPECIMEN TREES
1. Designation of Specimen Trees: Specimen Trees shall be designated according to the
following provisions:
a. Except as specified below, any tree listed on the Town’s protected tree list and the caliper of
which is within fifty percent (50%) of the caliper width or circumference (measured at one foot (1’) above
ground level) of the same such tree as listed in the most current edition of the Big Tree Registry, as
amended, published by the Texas Forest Service, shall be considered a “Specimen Tree.” A copy of such
registry shall be available for review in the Department of the Community Development. On a going
forward basis (as land is platted) a listing and map of all designated Specimen Trees shall be maintained
and updated by the Community Development ManagerParks & Recreation Director or authorized
designee and made available to the public upon request. Notwithstanding the foregoing, the trees listed
below shall be considered Specimen Trees in accordance with the following schedule:
Type of Tree % of Big Tree Registry
Any tree not listed on the
Protected Tree List in 75%
Section (1.4) herein
SECTION 8.7 MAJESTIC OR HISTORIC TREES
1. Designation of Majestic or Historic Trees: Majestic or Historic trees shall be designated
according to the following provisions:
a. Majestic Trees: Any tree listed on the Town’s protected tree list and within
seventy-five percent (75%) of the caliper width or circumference (measured at
one foot (1’) above ground level) of the same such tree as listed in the most
current edition of the Big Tree Registry, as amended, published by the Texas
Forest Service, shall be considered a Majestic Tree. A copy of such Registry shall
be available for review in the Department of Community Development. A listing
and map of all designated Majestic Trees shall be maintained and updated by the
Community Development ManagerParks & Recreation Director or authorized
designee and made available to the public upon request.
b. Historic Tree: Upon recommendation by the Tree Board, a Historic Tree shall be
any tree that has been designated by the Town Council, after public hearing and
due notice to the owner of the tree, as a tree of notable historical interest and
value to the Town of Trophy Club because of its location or historical association
with the community. A listing and map of all designated Historic Trees shall be
maintained and updated by the Community Development ManagerParks &
Recreation Director or authorized designee and made available to the public upon
request.
SECTION 8.8 TREE REMOVAL AND REPLACEMENT
1. Removal of Protected Trees: No person, directly or indirectly, shall cut down, destroy,
remove or effectively destroy through damaging any Protected, Specimen, Historic or
Majestic Tree, on any real property within the Town of Trophy Club without first
obtaining a Tree Removal Permit, unless otherwise exempted by the terms of this
Ordinance.
2. Permit Required: Protected, Specimen, Historic or Majestic Trees shall not be removed
prior to the issuance of a Tree Removal Permit. Under no circumstances shall the clear-
cutting of trees on any real property within the Town of Trophy Club be allowed prior to
the issuance of a Tree Removal Permit for such property.
3. Replacement Trees Required: It shall be the responsibility of any person obtaining a Tree
Removal Permit for any tree to provide replacement according to the following criteria:
a. Protected Trees:
Replace with tree(s) having a total caliper width equivalent to one and one-half
(1½) times that of the trees to be removed.
Specimen Trees:
Replace with tree(s) having a total caliper width equivalent to two (2) times that
of the trees to be removed.
Historic or Majestic Trees:
Replace with tree(s) having a total caliper width equivalent to two and one-half
(2½) times that of the trees to be removed.
“Total caliper width” for replacement trees shall be measured as follows: For
single-trunk trees, the width shall be measured at one foot (1’) above ground
level. For multi-trunk trees, “total caliper width” shall be calculated by combining
the caliper width of the largest stem or branch with one-half of the caliper width
of each additional stem or branch, all measured at one foot (1’) above ground
level.
Example: If a 6-inch (6”) Protected Tree is removed, then that tree must be
replaced by trees with a total caliper width of nine inches (9”). This total
caliper width could be satisfied by one (1) nine-inch (9”) caliper replacement
tree, or three (3) three inch (3”) caliper width replacement trees, or any other
combination providing a total caliper width of nine inches (9”).
b. Such replacement trees shall be container-grown and have a minimum
caliper width of two and one-half inches to three inches (2½” to 3”),
measured at one foot (1”) above ground level. Alternatively, container-grown
replacement trees may have a minimum caliper width of four inches (4”)
measured at one foot (1”) above ground level. In any event, replacement trees
shall have a minimum height of at least six feet (6’).
c. At the discretion of the Community Development ManagerParks &
Recreation Director or authorized designee, money may be paid to the Town
of Trophy Club instead of providing the replacement trees required by this
Ordinance. Any such payments shall be deposited in a special account or
fund and used by the Town of Trophy Club to provide and/or support
supplemental landscape plantings in public areas of Trophy Club or to
support the administration and enforcement of the Town’s tree preservation
regulations. A per-caliper-inch cash value for replacement trees shall be set
annually by the Town Council after review and recommendation by the Tree
Board. The Community Development ManagerParks & Recreation Director
or authorized designee shall maintain a record of the current per-caliper-
inch cash value of replacement trees.
4. Acts Specifically Prohibited: The following acts are prohibited:
a. It shall be unlawful for a person to violate any provision of this Ordinance.
b. It shall be unlawful for any person to remove or cause to be removed from
real property subject to this Ordinance a Protected, Specimen, Historic or
Majestic tree without first obtaining a Tree Removal Permit.
c. It shall also be a unlawful for a person to allow or to cause a tree to be
injured as a result of a failure to follow or require the use of tree protection
measures specified herein such that the tree dies or may reasonably be
expected to die.
5. Replacement Required Upon Conviction of Offense: If a person fails to
obtain a Tree Removal Permit as required by this ordinance, then upon
conviction of such violation in municipal court or upon the entry of a plea of
guilty or no contest, such person shall in addition to the fine imposed by the
court, provide a replacement tree or trees for each such violation. The
replacement tree(s) shall have a total caliper width equivalent to:
Protected Trees: five (5) times that of the removed tree(s).
Specimen Trees: ten (10) times that of the removed tree(s).
Majestic or Historic Trees: fifteen (15) times that of the removed tree(s).
Such replacement trees shall be container-grown and have a minimum
caliper width of two and one-half inches to three inches (2½” to 3”),
measured at one foot (1’) above ground level. In any event, replacement
trees shall have a minimum height of at least six feet (6’),
6. Approved Tree Planting and Replacement List: Only those tree species
found on the following Approved Tree Planting and Replacement List shall
satisfy the tree planting and replacement standards and requirements of this
Ordinance.
Approved Tree Planting & Replacement List
Tree Size Common Name Scientific Name
Large Southern Live Oak (Quercű Virginiana)
Large Escarpment Live Oak (Quercus Fusiformis)
Large Shumard Oak (Quercus Shumardi)
Large Chinkapin Oak (Quercus Muehlenbergii)
Large Bur Oak (Quercus Macrocarpa)
Large Texas Red Oak Quercus Texana)
Large Bald Cypress (Taxodium Distichum)
Large Pecans And Hickories (Carya Species)
Medium Chinese Pistache (Pistachia Chinensis)
Medium Eldarica Pine (Pinus Eldarica)
Medium Leyland Cypress (Cupressociyparis Leylandi)
Large Magnolia (Magnolia Grandiflora)
7. Approved Median and Right-of-Way Tree Planting List: The following tree species
shall be allowed to be planted in medians and right-of-way when approved by the
Town. Additional tree species with non-aggressive root systems/deep root systems
may be authorized for planting by the Tree Board upon necessity and good cause
shown.
Approved Median and ROW Tree Planting List
Tree Size Common Name Scientific Name
Large Bald Cypress (Taxodium Distichum)
Large Bur Oak (Quercus Macrocarpa)
Medium Chinese Pistache (Pistachia Chinensis)
Large Chinkapin Oak (Quercus Muehlenbergii)
Medium Crepe Myrtle (Lagerstroemia Indica)
Large Escarpment Live Oak (Quercus Fusiformis)
Medium Fruitless Crabapples (Maluś Species)
Medium Holly (Ilex Species)
Large Lacebark Elm (Ulmus Parvifolia)
Large Magnolia (Magnolia Grandiflora)
Large Native Pecan (Carya Species)
Small Possum Haw (Ilex Decidu)
Small Redbuds/Whitebuds (Cercis Species)
Large Sawtooth Oak (Quercus Acutissima)
Large Shumard Oak (Quercus Shumardi)
Large Southern Live Oak (Quercus Virginiana)
Large Texas Red Oak (Quercus Texana)
Medium Wax Myrtle (Myrica Cerifera)
Large Winged Elm (Ulmus Alata)
Small Yaupon Holly (Ilex Vomitoria)
I. Spacing: The spacing of trees located in the rights-of-way will be in
accordance with the species size classes. No trees may be planted closer
together than the following:
Small Trees Thirty (30) feet
Medium Trees Forty (40) feet
Large Trees Fifty (50) feet
except pursuant to an alternative plan designed by a landscape architect,
arborist or degreed horticulturist and approved by the Town Tree Board.
9. Distance from Curb/Sidewalk: The distance trees may be planted from
curbs, curb lines and/or sidewalks shall be in accordance with the three
species size classes. Trees may not be planted closer to any curb or sidewalk
than the following:
Small Trees Two (2) feet
Medium Trees Three (3) feet
Large Trees Four (4) feet
10. Distance from Street Corner and Fireplugs: No tree shall be planted closer
than thirty-five (35’) feet of any street corner, measured from the point of
nearest intersecting curbs or curb lines. Trees found in the rights-of-way
shall be planted no closer than ten (10’) feet of any fireplug.
11. Utilities: No trees other than small species may be planted under or within 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.
12. Public Tree Care: The Town shall have the right to plant, prune, maintain
and remove trees, plants and shrubs within the lines of all streets, alleys,
avenues, lanes, squares and public grounds, as may be necessary to ensure
public safety or to preserve or enhance the symmetry and beauty of such
public grounds.
13. Tree Topping: It shall be unlawful as a normal practice for any person to
top any tree located on public property. Topping is 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. Upon the written approval of the Community
Development ManagerParks & Recreation Director, 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 the requirements of this Ordinance.
14. Pruning, Corner Clearance: Every owner of any tree overhanging any street
or right-of-way within the Town shall prune the branches so that such
branches shall not obstruct the light from any street lamp or obstruct the
view of any street intersection and so that there shall be a clear space of eight
feet (8’) above the surface of the street or sidewalk. Said owners shall
remove all dead, diseased or dangerous trees, or broken or decayed limbs
which constitute a menace to the safety of the public. The Town shall have
the right to prune any tree or shrub on private property when it interferes
with the proper spread of light along the street from a streetlight or
interferes with visibility of any traffic control device or sign.
SECTION 8.9 TREE PROTECTION MEASURES
1. The following tree protection measures shall be required:
a. Prior to construction or land development, the developer shall install four-foot-
high (4’) plastic (or equivalent) safety fencing around the drip line of Protected
Trees and six-foot-high (6’) chain link fencing around the drip line of Specimen,
Majestic, and Historic Trees. Prior to and during construction or land
development, all protected trees within thirty feet (30’) of a public right-of-way,
public easement or buildable lot area, as included on the applicable approved and
filed record plat, shall be marked with three-inch (3”)-wide red ribbon or tape.
b. Prior to construction or land development, the developer shall establish
designated parking areas for the parking and maintenance of all vehicles, trailers,
construction equipment and related items and designated stockpile areas for the
storage of construction supplies and materials during construction of the
subdivision. The location and dimensions of said designated areas shall be clearly
identified on both subdivision construction and site plans. Said designated areas
shall be completely fenced with chain-link fencing and gates for safety purposes
and to separate Protected, Specimen, Majestic or Historic Trees from the
construction area and related construction activity. The designated parking and
stockpile areas may be combined into one fenced area, provided the preservation
of protected trees is not adversely affected or jeopardized. Supplies and pipe and
other items that are customarily unloaded where installed shall not be required to
be stored within the designated stockpile areas.
c. During construction, the developer shall prohibit the cleaning of equipment or
materials and/or the disposal of any waste material, including, but not limited to,
paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy or drip line of
any Protected, Specimen, Majestic or Historic Tree or group thereof.
d. No attachments or wires of any kind, other than those of a protective nature, shall
be attached to any Protected, Specimen, Historic or Majestic Tree.
e. With major grade changes of six inches (6”) or greater, a retaining wall or tree
well of rock, brick, or other approved materials shall be constructed around the
tree no closer than the drip line of the tree. The top of the retaining wall or tree
well shall be constructed at the new grade.
f. Unless otherwise approved by the Community Development ManagerParks &
Recreation Director or the Town Tree Board, no construction or construction-
related activity shall occur under the canopy or drip line of any Protected,
Specimen, Majestic or Historic Tree or group thereof. Furthermore, if a
foundation, street or alley pavement, utility line, on-site sewerage facility, pool,
tennis court, patio, sidewalk, drive or parking lot must be constructed within the
drip line of a protected tree, it shall be constructed no closer than five feet (5’)
from the trunk of such protected tree provided further that the portion of any
driveway or parking lot constructed within the drip line of any Protected,
Specimen, Majestic or Historic Tree or group thereof shall be constructed of
pave-stone or other permeable materials.
g. Any trees removed during land development, construction, or construction-
related activities shall be chipped or hauled off-site. Burning of removed
trees is prohibited.
SECTION 8.10 TREE PERMITS
1. Tree Replanting Permit: Tree replanting permits shall be subject to the following
procedures.
a. Application for Tree Replanting Permit: An application for a Tree Replanting
Permit may be submitted at any time and need not be submitted in conjunction
with a development plan or record plat or a building permit. Tree Replanting
Permits must be obtained by making application to the Town’s Community
Development Department on forms prescribed by the Town. No fee shall be
charged to make application for a Tree Replanting Permit. The application shall
also be accompanied by a written document indicating the reasons for replanting
of the protected tree or trees and two (2) copies of a legible site or plot plan,
drawn to the largest practicable scale, indicating the following minimum
information:
1) The existing location, caliper width, height, and common name of all
protected trees proposed to be replanted and the proposed location or locations
for such replanting of such trees.
2) The location of all existing or proposed structures, improvements, easements,
and site uses, properly dimensioned and referenced to property lines, setback
and yard requirements, and special relationships.
3) The information required herein may be summarized in legend form on the
site or plot plan.
b. Review of Application for Tree Replanting Permit: Upon receipt of a proper
application for a Tree Replanting Permit, the Community Development
ManagerParks & Recreation Director or authorized designee shall review the
application and may conduct field inspections of the site or development and/or
refer the permit application to other departments for review and recommendations
as deemed necessary and appropriate. The application for a Tree Replanting
Permit shall be approved unless the Town’s Community Development
ManagerParks & Recreation Director or authorized designee determines that the
proposed replanting will unnecessarily damage or jeopardize the health of the tree
or trees proposed to be replanted. Such determination lies within the sole
discretion of the Community Development ManagerParks & Recreation Director.
A denial of an Application for Tree Replanting Permit by the Community
Development ManagerParks & Recreation Director or authorized designee may
be appealed to the Tree Board. The decision of the Tree Board may be appealed
to the Town Council as provided in Section (b)(3) of Section 1.9 of this
Ordinance, the decision of which relative to such permit application is final.
2. Tree Removal Permit: Tree Removal Permits shall be subject to the following
procedures:
a. Application for Tree Removal Permit: Tree Removal Permits for the removal of
Protected, Specimen, Majestic and Historic Trees in conjunction with the
development, subdivision and/or re-subdivision of real property must be obtained
by making application to the Town’s Community Development ManagerParks &
Recreation Director or authorized designee on forms prescribed by the Town. The
application shall accompany the site plan or plat of the development and shall
include a written document indicating the reasons for removal of the protected
tree or trees. The application must be completed and signed by a registered
arborist or landscape architect and must include two (2) copies of a legible tree
survey, drawn to the largest practicable scale, indicating the following:
1) The location, caliper width, height, and common name of all single-trunk
trees of six inches (6”) caliper width or greater, measured at one foot (1’)
above natural grade level, and at least twelve feet (12’) high; and all multi-
trunk trees having a total caliper width of eight inches (8”), measured by
combining the caliper width of the largest stem or branch with one-half (½)
the caliper width of each additional stem or branch, all measured at one foot
(1’) above natural grade level, and at least twelve feet (12’) high.
2) The location of both the trunk and drip line, caliper width, height, estimated
age (not to be determined using invasive measures which might damage the
tree), a reproducible color photograph, and common name of all Protected,
Specimen, Majestic, and Historic Trees proposed to be removed.
3) Provide existing natural grade elevation and proposed final grade elevation
at each location for which for each protected tree for which a Tree Removal
Permit is requested.
4) The location and dimensions of all existing or proposed public streets,
alleys, rights-of-way, utility easements, drainage easements, fence
easements, pedestrian access easements or other public rights-of-way or
easements.
5) The location of all existing or proposed property lines, lot lines, building
lines, setback and yard requirements, any proposed building footprint or
floor plan, and other special relationships or significant features of the
proposed development plan, record plat or site plan of the development.
6) Existing and proposed site elevations, grades and major contours: including
a chart listing all Protected, Specimen, Majestic, and Historic Trees, their
respective locations, and indicating where grades around protected trees will
be changed by six inches (6”) or more.
7) The information required herein shall be summarized in legend form on the
tree survey and shall include the reason for the proposed removal of the
protected tree or trees.
8) Each tree shall be identified by numerical reference on the Tree Survey.
9) Each tree shall be affixed with a permanent tag bearing the corresponding
number as depicted on the Tree Survey. The tag shall be permanently
attached at a height not less than five feet (5’) nor more than six feet (6’)
above existing grade on the south face of the tree.
10) The survey shall bear the stamp or seal of a registered surveyor relative to
the location of any trees and shall bear the stamp or seal of a registered
landscape architect, or registered arborist relative to the specie(s) of any
trees.
11) A sign shall be placed on each separate lot or tract for which a Tree
Removal Permit is requested to inform the general public that an application
for a Tree Removal Permit(s) has been filed relative to a Protected,
Specimen, Majestic, or Historic Tree. The sign must meet the following
criteria:
a) The size of the sign(s) shall be three feet (3’) by four feet (4’) and be
made out of aluminum or corrugated plastic material;
b) The sign(s) shall be mounted on stakes/poles;
c) The sign(s) shall be visible from the street;
d) There shall be one (1) sign for each street frontage; and
e) The sign(s) shall have a white background, with letters and borders
being green in color. The sign(s) shall state the following:
TOWN OF TROPHY CLUB, TX
A TREE REMOVAL PERMIT HAS BEEN
REQUESTED FOR THIS SITE
FOR INFORMATION, CALL 682.831.4680
b. Review of Application for Tree Removal Permit. An application for a Tree
Removal Permit shall be accompanied by the appropriate administrative fee as
designated on the schedule of fees adopted by the Town Council, including all
amendments thereto. Upon receipt of a proper application accompanied by the
appropriate fee, the Community Development ManagerParks & Recreation
Director or authorized designee shall review the application and may conduct
field inspections of the development and/or refer the permit application to other
departments for review and recommendations as deemed necessary and
appropriate.
1) The application for a Tree Removal Permit, if required, shall be considered
an integral part of the application for site plan or plat approval, as
applicable, and no site plan or plat subject to the requirements of this
Ordinance shall be approved without the approval of a Tree Removal
Permit.
2) The Community Development ManagerParks & Recreation Director or
authorized designee may approve, approve with conditions or deny a request
for a Tree Removal Permit for Protected Trees. An appeal of the decision of
the Community Development ManagerParks & Recreation Director or
designee may be made to the Tree Board.
3) The Tree Board’s recommendation concerning an application for Tree
Removal Permit shall be reviewed by the Town Council. The Town Council
may then approve the application, approve it with conditions, or deny the
application; however, the Town Council may overturn the denial of an
application for Tree Removal Permit by the Tree Board only upon a finding
that the subject development, subdivision or re-subdivision cannot
reasonably be developed, based on economic and/or practical
considerations, without removal of the tree or trees included in the permit
application.
4) Approval for a Tree Removal Permit authorizing the removal of a Historic
or Majestic Tree shall require a three-fourths (¾) majority vote of the Tree
Board and the Town Council, respectively.
SECTION 8.11 LAND DISTURBING ACTIVITIES
a) Approval and Permit Required: No pPerson, corporation, or other legal entity shall
engage in any land disturbing activities, including but not limited to the removal of trees,
land clearing and/or grading or other pre-construction preparatory activity without the
required approvals and permits. All such land disturbing activities Clearing and grading
activity shall be limitedconfined to the interior limits of the grading area identified on
thean approved grading plan. A clearing and grading permit is required in the tTown.
2. Exceptions: It shall be an exception to the permit requirement of this Section that a
person is engaging in one or more of the following activities:
a. Land Disturbing Activities or other land disturbing activitiesin emergency
situations involving immediate danger to life and property or substantial fire
hazards;
b. Land Disturbing Activities of one (1) acre or less on a single lot, under one
ownership, for the purpose of construction, landscaping and/or associated
improvements for a dsingle-family residence to be constructed as indicated on the
site plan submitted to the Director of Community Development with an approved
application for a building permit;
c. The removal of underbrush, dead trees or diseased or damaged trees which
constitute a hazard to life and property based upon a field inspection verification
by the Parks and Recreation Director;
d. Land Disturbing Activities practices or other land disturbing activities associated
with and necessary to conduct normal agricultural crop operations on a property,
excluding timber cutting.
3. Standards:
a. General Regulations:
1) The g Land Disturbing ActivitiesG operations and other land disturbing
activities shallwill not create or contribute to landslides, accelerated soil creep,
and/or settlement.
2) The g Land Disturbing ActivitiesG operations willshall not create or
contribute to flooding, erosion, or increased siltation or other forms of
pollution in a watercourse.
3) Land Disturbing Activities and other land disturbing activities shall be
conducted so as to expose the smallest practical area of soil to erosion for the
least possible time, consistent with anticipated build-out schedule
4) Debris shall be removed from cleared sites within six (6) months of the
operations completion date.
b. Cut and Fills:
5) Slopes greater than three (3) feet in height shall be no steeper than three (3)
horizontal to one (1) vertical foot, except where approved retaining walls are
engineered and installed and where trenches are refilled with material from
the excavation.
6) All topsoil removed during ground surface preparation shall be stockpiled on
the site and stabilized within fourteen (14) days.
7) When the owner of any parcel shall raises , lowers, or alters the level or
existing grade of a site by fill or excavation, he or she they shall, at their
expense, take all steps necessary to ensure compliance with the following:
a) Take or cause to be taken all actions necessary to Pprotect all adjoining
property from encroachment by such fill or excavation, or danger of
collapse due to such excavation either by the erection of an engineered
retaining wall or by sloping the sides of such fill or excavation either
within the confines of the site; and
b) When engaging in land disturbing activities, including but not limited to,
cut and fill, such person Cuts and fill shall not alter or otherwise
compromise the intent or use of existing drainage and utility easements as
originally designed and approved by the Town.
c. Establishing Ground Cover: A temporary ground cover shall be established on all
graded or disturbed areas not intended to be developed within thirty (30) days of
completion of Land Disturbing Activity.__________
3. Grading Plan Evaluation Criteria: When evaluating a Plan, the Director shall review the
Plan for compliance with the following criteria:
(1) Appropriate footprint sizes are identified on the grading ________ Plan and
developments are designed in accordance with the natural terrain and drainage of
the site. Erosion prevention and control measures are used, including protection
of natural swales and drainage areas. Severely eroded areas are stabilized.
b. Mass cutting, filling and benching or terracing of existing slopes to create additional or larger
building sites are prohibited; therefore, the Plan shall not include or propose any such activity. The Plan
provides for the use of Aalternative treatments, including but not limited to such as building the structure
with slopes of the natural terrain, the use of internal or external building retaining walls, are used, and the
use of low retaining walls on the site to reduce site grading. Mass site grading is prohibited. are used
instead of mass site grading.
c. The Plan includes all information necessary for the Director of Community
Development?? to determine Demonstrates that the project will result in the
reasonable preservation of trees under the standards set forth in Section 8.5 of this
Ordinance and the requirements of this Section.
d. The area for which land disturbing activity is proposed is limited by design to the
area of construction, and the site is left in its natural state otherwise during the
course of construction.
e. The Plan shall include all information necessary for the Director of Community
Development??? to determine that it provides for the Demonstrates reasonable
preservation of trees and understory, and that the following criteria is has been
met regarding the demonstrated in selection of trees to be preserved or removed.
When making such determination, the Director shall consider all relevant factors,
including but not limited to the following:
1) Proximity of the trees critical root zone or drip line to proposed grading
activity.
2) That all necessary and appropriate Ppermanent tree protection methods are are
employed to protect the preserved tree from damage where the tree’s critical
root zone may be impacted.
3) Other remedial or protective measures have been employed, including site
design, that improves the chances for tree survival.
4) Temporary tree protection methods are adequately employed.
5) Construction methods for utility service to the site are used that allow
protection and preservation of additional trees, such as, tunneling under the
critical root zone, tree walls, or tree wells.
6) Utility trenching activities are indicated on the plan.
SECTION 3.
CUMULATIVE
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the
provisions of such Ordinances except for those instances where there are direct conflicts with the
provisions of this Ordinance; provided, however, that Ordinance No. 2002-40 P&Z is hereby
repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that
are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent
with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to Ordinance No. 2002-40 P&Z on the date of
adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance
and for that purpose the Ordinance shall remain in full force and effect.That this Ordinance shall
be cumulative of all other Ordinances and shall not repeal any of the provisions of such
Ordinances except for those instances where there are direct conflicts with the provisions of this
Ordinance. Ordinances, or parts thereof, in force at the time this Ordinance shall take effect and
that are inconsistent with this Ordinance are hereby repealed to the extent that they are
inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit
which has been initiated or has arisen under or pursuant to such other Ordinances on the date of
adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance
and for that purpose the Ordinance shall remain in full force and effect.
SECTION 4.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas are expressly saved as to any
and all violations of the provisions of any other Ordinance affecting land disturbing activities,
the preservation of trees, and the regulation of the subdivision of land which have secured at the
time of the effective date of this Ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such Ordinances same
shall not be affected by this Ordinance but may be prosecuted until final disposition by the
courts.
SECTION 5.
SEVERABILITY
The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are
severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares that it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction,
in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the Caption, Penalty, and Effective Date in the minutes of the Town
Council of the Town of Trophy Club and by filing this Ordinance in the ordinance records of the
Town.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this the 2nd _______ day of December____________, 20025.
_______________________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_____________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_____________________________________
Town Attorney
Town of Trophy Club, Texas
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2002-40 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ORDINANCE NO. 2002-40 P&Z OF THE TOWN WHICH
REPEALED ORDINANCE 2001-30 P&Z; AND ADOPTING A NEW
ARTICLE 8 “TREE PRESERVATION AND REMOVAL”, BY REVISING
SUBSECTION 2, ENTITLED “APPLICABILITY” OF SECTION 8.3
“TREE PRESERVATION”, AND BY ADDING A NEW SECTION 8.11
ENTITLED “LAND DISTURBING ACTIVITIES” BY INCLUDING
CRITERIA FOR PERMIT AND APPROVAL REQUIREMENTS,
EXCEPTIONS, GENERAL REGULATION STANDARDS AND SITE
EVALUATION CRITERIA AND; PROVIDING DEFINITIONS;
ESTABLISHING PROVISIONS FOR A TREE BOARD; PROVIDING
TREE PRESERVATION; PROVIDING FOR INFORMATIONAL
ASSISTANCE; PROVIDING FOR PROTECTED TREES; PROVIDING A
PROTECTED TREE LIST; PROVIDING FOR SPECIMEN TREES;
PROVIDING FOR MAJESTIC OR HISTORIC TREES; PROVIDING FOR
TREE REMOVAL AND REPLACEMENT; PROVIDING AN APPROVED
TREE PLANTING AND REPLACEMENT LIST; PROVIDING AN
APPROVED MEDIAN AND RIGHT-OF-WAY TREE PLANTING LIST;
PROVIDING FOR TREE PROTECTION MEASURES; REQUIRING
TREE PERMITS FOR REPLANTING AND REMOVAL; PROVIDING AN
APPEAL PROCESS; PROVIDING A CUMULATIVE CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas, is authorized and
empowered by law, in accordance with Chapter 212 of the Texas Local Government Code to
regulate the subdivision of land and property development within and without the corporate
limits of the Town; and
WHEREAS, on December 2, 2002, the Town adopted Ordinance No. 2002-40 P&Z,
governing and regulating the platting and subdivision of land within and without the corporate
limits of the Town of Trophy Club by revising Article 8, entitled “Tree Preservation and
Removal” in order to designate duties of the Tree Board, the requirement to adopt provisions for
the annual development of a written plan, in conjunction with the Town’s Superintendent, for the
care, preservation, trimming, planting, replanting, removal, or disposition of trees and shrubs in
public ways, streets, alleys, and parks; and
WHEREAS, due to recent events within the Town specifically relating to land disturbing
activities which have caused concern about the preservation of trees at a pre-development phase,
Town staff has recommended an update to Article 8 of the Subdivision Regulations, Town
Ordinance No. 2002-40 P&Z by revising subsection 2, entitled “Applicability” of Section 8.3
“Tree Preservation”, and by adding a new section 8.11 entitled “Land Disturbing Activities” by
including criteria for Permit and Approval Requirements, Exceptions, General Regulation
Standards and Site Evaluation Criteria and;
WHEREAS, the adoption of such provisions has been reviewed by Town’s Planning and
Zoning Commission, which recommends approval of such provisions; and
WHEREAS, the Town Council now deems it necessary for the safe, orderly, and
healthful development of the Town and in the best interest of the Town of Trophy Club, Texas,
to adopt this Ordinance by repealing and replacing Ordinance No. 2002-40 P&Z.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein
and made a part hereof for all purposes.
SECTION 2.
AMENDMENT; TREE PRESERVATION AND REMOVAL
Ordinance No. 2002-40 P&Z of the Town of Trophy Club, Texas, the same governing
and regulating the development, platting, and subdivision of land within and without the
corporate limits of the Town, is hereby repealed and replaced by revising Subsection 2 of Section
8.3 of Article 8 and by adding in its entirety Section 8.11, and all other articles, chapters,
sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and
affirmed.
ARTICLE 8.
TREE PRESERVATION AND REMOVAL
SECTION 8.1 DEFINITIONS
“Buildable Area” shall mean that portion of building site exclusive of the required yard areas on
which a structure or building improvement may be erected and including the actual structure,
driveway, parking lot, pool, and other construction as shown on a site plan.
“Canopy” shall mean any high covering limbs and/or leaves hanging over or creating shelter
under the tree’s foliage.
“Community Development Manager or Director” shall mean the Community Development
Manager of the Town of Trophy Club Texas, or his or her designee.
“Crown” shall mean the top, upper, or highest portion of a tree, including the leaves and living
branches.
“Developer” shall mean any individual, partnership, firm, association, joint venture,
organization, corporation, builder, construction company or governmental entity.
“Drip Line” shall mean the area directly under the canopy or shelter area created by the canopy.
“Historic Tree” shall have the meaning assigned in Section 8.7 of this Ordinance.
Land-Disturbing Activity: Any activity, including but not limited to excavation, planting,
tilling, grading, digging, cutting, scraping, or excavating of soil, placement of fill materials,
paving, construction, substantial removal of vegetation, or any activity which bares soil or rock
or involves the diversion or piping of any natural or man-made watercourse, which disturbs the
natural or improved vegetative ground cover so as to expose soil to the erosive forces of rain,
storm water runoff or wind. All installations and maintenance of franchise utilities such as
telephone, gas, electric, etc., shall be considered land-disturbing activities.
“Majestic Tree” shall have the meaning assigned in Section 8.7 of this Ordinance.
“Original Construction” shall mean initial construction.
“Parks & Recreation Manager or Director” shall mean the Parks & Recreation Director of the
Town of Trophy Club Texas, or his or her designee.
“Person” shall mean an individual, corporation, firm, partnership, association, company, joint
venture, organization or other legal entity, other than the Town of Trophy Club, the Municipal
Utility District 1 or the Municipal Utility District 2.
“Protected Tree” shall have the meaning assigned in Section 8.5 of this Ordinance.
“Specimen Trees” shall have the meaning assigned in Section 8.6 of this Ordinance.
SECTION 8.2 TREE BOARD
1. Creation and Establishment of a Town Tree Board: There is hereby created and
established a Town Tree Board for the Town of Trophy Club, Texas which shall consist
of five (5) regular members, each to be appointed by a majority of the Town Council.
2. Term of Membership: Members of the Tree Board shall be appointed by the Town
Council for a two (2) year term, but serve at the pleasure of and subject to removal and
re-appointment by the Town Council. Two (2) members shall be appointed to serve one
(1) year terms for the first year of the Tree Board; and three (3) members shall be
appointed to serve a two (2) year term. All successive terms shall be served on the basis
of two (2) year terms for all members. In the event that a vacancy occurs on the Tree
Board, the Town Council will appoint a new member to complete the un-expired term. A
member ceasing to reside in the Town of Trophy Club, or elected to public office during
his/her term of office shall immediately forfeit his/her membership.
3. Resident of Trophy Club: Each member of the Tree Board shall be a resident of the
Town of Trophy Club at the time of his/her appointment.
4. Officers: The Tree Board shall select from among its regular members, a chairman, and
an acting chairman to act in the absence of the chairman, and a secretary.
5. Meetings: All meetings of the Tree Board shall be open to the public. The Tree Board
shall keep minutes of its proceedings showing the vote of each member upon each
question or, if absent or failing to vote, indicating such fact, and shall keep record of its
examinations and others official actions, all of which shall be filed the office of the Parks
& Recreation Director or authorized designee and shall be a public record. The Parks &
Recreation Director of the Town of Trophy Club shall be the custodian and processor of
the records and minutes of the Tree Board.
Meetings of the Tree Board may be held as often as necessary to conduct the business
coming before the Board and shall be held at the call of the Chairman and at other such
times as a majority of the Board may determine.
6. Compensation: Members of the Board shall be volunteers and shall serve without
compensation.
7. Attendance: Three (3) consecutive absences that are not excused by the Board, or the
absence of a regular member from more than twenty-five (25) percent of the posted
meetings in any twelve (12) month period, shall cause the Tree Board to review the
attendance record of the member and make a recommendation to the Town Council on
continued service and reappointment.
8. Duties and Responsibilities: It shall be the responsibility of the Tree Board to:
a. Determine cash value for a tree replacement;
b. Designate Protected, Specimen, Historical, and Majestic trees, as defined herein;
c. Develop and approve tree lists;
d. Inform and develop an informational tree pamphlet; and
e. Hear appeals.
f. Annually develop a written plan, in conjunction with the Town’s Landscape
Superintendent, for the care, preservation, trimming, planting, replanting,
removal, or disposition of trees and shrubs in public ways, streets, alleys, and
parks. Such plan will be presented annually to the Town Council and upon
acceptance and approval, shall constitute the official comprehensive Tree Plan for
the Town of Trophy Club. The Town’s Landscape Superintendent shall be
charged with carrying out the plan.
SECTION 8.3 TREE PRESERVATION
1. Intent: The removal or replanting of any protected trees (specifically, Protected,
Specimen, Majestic or Historic Trees, as defined in this Ordinance) requires a Tree
Removal Permit or a Tree Replanting Permit, as the case may be, in accordance with the
terms and provisions hereof. The terms and provisions of this Ordinance allow trees
located within necessary public rights-of-way, easements, and the buildable area of a
building lot or site where the lot or site is less than one (1) acre in size to be removed
without a Tree Removal Permit and prior to the issuance of a building permit. It is
provided, however, that where a building lot or site is one (1) acre in size or larger, then
no Protected, Specimen, Majestic or Historic Trees shall be removed from the buildable
area of the lot or site before the issuance of a building permit relating to the lot or site.
2. Applicability: The purpose of this Ordinance is to regulate undeveloped and vacant
real property in accordance with the regulations contained herein both prior to and
during the platting, subdivision and development of property, including but not
limited to grading or any other construction activity. The terms and provisions of
this Ordinance shall apply to all real property within the Town’s corporate limits
which is one (1) acre or greater in size and which meets one or more of the following
criteria:
a. All vacant or undeveloped real property prior to and during the platting,
subdivision and development of property, including but not limited to grading,
any other construction activity on the property, or preparation of the property
for any construction activity thereon;
b. All platted real property which is re-platted, re-subdivided or for which additional
subdivision occurs.
The terms and provisions of this Ordinance shall not apply to developed single family
and two-family residential property.
3. Exceptions: Under the following circumstances, a tree removal permit is not required:
a. In the event that any Protected, Specimen, Majestic or Historic Tree shall be
determined to be in a hazardous or dangerous condition so as to endanger the
public health, welfare or safety, and require immediate removal without delay,
authorization for removal may be given by the Town Manager or Parks &
Recreation Director upon the request of the owner of the property upon which the
tree is located, and such Protected, Specimen, Majestic or Historic Tree may then
be removed without obtaining a written permit as required by this ordinance.
b. During the period of an emergency, such as a tornado, storm, flood or other
act of God, the requirements of this Ordinance may be waived as deemed
necessary by the Town Manager or Parks & Recreation Director.
c. Utility companies franchised or otherwise authorized to provide utility
service may remove Protected, Specimen, Majestic or Historic Trees that
endanger public safety and welfare by interfering with utility service.
d. The mowing, clearing and grubbing of brush located within or under the drip lines
of Protected, Specimen, Majestic or Historic Trees shall be allowed, provided
such mowing, clearing or grubbing is accomplished by hand or by manually
operated mowers. The use of bulldozers, loaders or other construction or earth
moving equipment for this purpose shall not be allowed.
e. For public recreational property or uses, such as public golf courses and baseball,
soccer, football or similar public athletic facilities, and public works projects such
as water or waste water treatment plants, pump stations, storage tanks, and public
streets and drainage improvements, the buildable area of the property shall
include that portion of the property necessary for the construction of such
recreational and public works improvements, including sufficient adjacent area to
allow the normal operation of construction equipment.
f. The terms and provisions of this Ordinance shall not apply to a lot of record, a
deed for which was recorded in the office of the County Clerk prior to the passage
of this Ordinance, or to any development, subdivision or re-subdivision for which
a completed application for approval has been filed with the Town or for which a
plat has been approved by the Planning and Zoning Commission and/or the Town
Council and filed in the plat records of the County prior to the effective date of
this Ordinance.
g. All easements and rights-of-way included on a record plat approved by the Town and
filed in the plat records of the County.
SECTION 8.4 INFORMATIONAL ASSISTANCE
1. In furtherance of the purpose and provisions hereof, the Town’s Tree Board shall develop
and make available to persons making application for either Tree Removal Permits or
Tree Replanting Permits, and make available to the general public an informational
pamphlet identifying appropriate and useful facts, guidelines and how-to information
relative to the preservation, protection and replanting of trees.
2. The Parks & Recreation Director or authorized designee shall also develop, maintain and
make available to applicants for Tree Removal Permits or Tree Replanting Permits and to
the general public a tree species reference book to provide more detailed information
concerning tree care in general and the characteristics, soil and growth requirements and
other traits of specific tree species identified on the Town’s Protected Tree List and
Approved Tree Planting and Replacement List.
3. A current edition of the Texas Association of Nurserymen Grades and Standards, as
applicable to the tree species on the Town’s Protected Tree List and Approved Tree
Planting and Replacement List, shall be maintained by the Parks & Recreation Director
or authorized designee and made available to applicants for building permits, Tree
Removal Permits or Tree Replanting Permits and to the general public, as only those
trees meeting and planted or replanted in accordance with the applicable Texas
Association of Nurserymen Grades and Standards shall satisfy the tree planting,
replanting and/or replacement standards and requirements contained herein.
SECTION 8.5 PROTECTED TREES
1. Designation of Protected Trees: A “Protected Tree” shall be any existing living tree of a
species or type listed on the Town of Trophy Club Protected Tree List and that has or
possesses each of the following characteristics or criteria:
a. A single trunk of six inches (6”) in caliper width or greater, measured at one foot
(1’) above natural grade level, and at least eight feet (8’) high; or a multi-trunk
having a total caliper width of eight inches (8”), measured by combining the
caliper width of the largest stem or branch with one-half (½) the caliper width of
each additional stem or branch, all measured at one foot (1’) above natural grade
level, and at least twelve feet (12’) high; and
b. Located outside of a public street, alley, right-of-way, utility easement, drainage
easement, fence easement, pedestrian access easement, or other public right-of-
way or easement; or the buildable area of a building lot or site, as included on a
record plat approved by the Town Council and filed in the plat records of the
County; or the buildable area of a building lot or site, as included on a building
permit site plan approved by the Town. For the purposes of any development of a
building lot or site one (1) acre in area or larger, “buildable area” shall mean all
that portion of the building lot or site inclusive of the footprint of the building(s)
and projected ten (10’) feet from the outside of the building footprint. For the
purposes of any development of a building lot or site less than one (1) acre in
area, “buildable area” shall mean that portion of the building lot or site not within
the required front yard, side yard and rear yard areas. For the purposes of issuing
building permits, “buildable area” shall also mean those areas on a building lot or
site, as shown on the required site plan, necessary for the construction of such
other improvements as driveways, parking areas, pools, tennis courts and
accessory buildings, including sufficient adjacent area to allow the normal
operation of construction equipment.
2. Exception: A Protected Tree shall not include any living tree that a registered arborist or
landscape architect certifies in writing is injured, dying, diseased or infested with harmful
insects; that is in danger of falling, interferes with utility service or creates unsafe vision
clearance; in any manner creates a hazardous or dangerous condition so as to endanger
the public health, welfare or safety; or that is identified on approved subdivision
construction plans as necessary to be removed to comply with EPA storm water
permitting requirements or FHA lot grading plans.
3. Approved Tree List:
a. General: The tree species lists contained herein have been developed and will be
periodically updated by the Town’s Tree Board (created and established) and
shall be maintained as guides for the identification and selection of tree species
that meet the various standards and requirements of this Ordinance. Trees
included on these tree species lists were selected on the basis of one or more of
the following criteria or factors: hardiness, resistance to disease, suitability
relative to local climate and soil conditions, adaptability for transplantation,
longevity, adaptability to various landscape conditions, resistance to drought,
aesthetic qualities, shade provision, windbreak provision, and screening qualities.
b. Protected Tree List: Only those tree species found on the following list shall be
subject to the preservation, protection and replanting requirements of this
Ordinance.
Protected Tree List
Common Name Scientific Name
Bald Cypress (Taxodium Distichum)
Black Walnut (Juglans Nigra)
Blackjack Oak (Quercus Marilandica)
Bur Oak (Quercus Macrocarpa)
Carolina Buckthorn (Rhamnus Caroliniana)
Chinese Pistache (Pistachia Chinensis)
Chinkapin Oak (Quercus Muehlenbergii)
Chittamwood (Bumelia Languinosa)
Common Persimmon Diospyros Virginiana)
Escarpment Live Oak (Quercus Fusiformis)
Lacebark Elm (Ulmus Parvifolia)
Magnolia (Magnolia Grandiflora)
Mexican Plum (Prunus Mexicana)
Pecans And Hickories (Carya Species)
Pines (Pinus Species)
Possum Ha (Ilex Decidua)
Post Oak (Quercus Stellata)
Redbuds (Cercis Species)
Sawtooth Oak (Quercus Acutissima)
Shumard Oak (Quercus Shumardi)
Southern Live Oak (Quercus Virginiana)
Texas Red Oak (Quercus Texana)
Water Oak (Quercus Nigra)
Western Soapberry (Sapindus Drummondii)
Yaupon Holly (Ilex Vomitoria)
4. Replanting of Protected Trees: No person, directly or indirectly, shall replant, relocate,
transfer or move from one location to another any Protected Tree on any real property
within the Town of Trophy Club without first obtaining a Tree Replanting Permit.
5. Replanting Standards: Only those trees meeting and replanted in accordance with the
applicable Texas Association of Nurserymen Grades and Standards shall satisfy the tree
replanting requirements contained herein.
6. Penalty for Unauthorized Replanting of Protected Trees: Any person replanting,
relocating, transferring or moving from one location to another any Protected Trees on
any real property within the Town of Trophy Club without first obtaining a Tree
Replanting Permit, shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be punished as provided below.
SECTION 8.6 SPECIMEN TREES
1. Designation of Specimen Trees: Specimen Trees shall be designated according to the
following provisions:
a. Except as specified below, any tree listed on the Town’s protected tree list and the caliper of
which is within fifty percent (50%) of the caliper width or circumference (measured at one foot (1’) above
ground level) of the same such tree as listed in the most current edition of the Big Tree Registry, as
amended, published by the Texas Forest Service, shall be considered a “Specimen Tree.” A copy of such
registry shall be available for review in the Department of the Community Development. On a going
forward basis (as land is platted) a listing and map of all designated Specimen Trees shall be maintained
and updated by the Parks & Recreation Director or authorized designee and made available to the public
upon request. Notwithstanding the foregoing, the trees listed below shall be considered Specimen Trees
in accordance with the following schedule:
Type of Tree % of Big Tree Registry
Any tree not listed on the
Protected Tree List in 75%
Section (1.4) herein
SECTION 8.7 MAJESTIC OR HISTORIC TREES
1. Designation of Majestic or Historic Trees: Majestic or Historic trees shall be designated
according to the following provisions:
a. Majestic Trees: Any tree listed on the Town’s protected tree list and within
seventy-five percent (75%) of the caliper width or circumference (measured at
one foot (1’) above ground level) of the same such tree as listed in the most
current edition of the Big Tree Registry, as amended, published by the Texas
Forest Service, shall be considered a Majestic Tree. A copy of such Registry shall
be available for review in the Department of Community Development. A listing
and map of all designated Majestic Trees shall be maintained and updated by the
Parks & Recreation Director or authorized designee and made available to the
public upon request.
b. Historic Tree: Upon recommendation by the Tree Board, a Historic Tree shall be
any tree that has been designated by the Town Council, after public hearing and
due notice to the owner of the tree, as a tree of notable historical interest and
value to the Town of Trophy Club because of its location or historical association
with the community. A listing and map of all designated Historic Trees shall be
maintained and updated by the Parks & Recreation Director or authorized
designee and made available to the public upon request.
SECTION 8.8 TREE REMOVAL AND REPLACEMENT
1. Removal of Protected Trees: No person, directly or indirectly, shall cut down, destroy,
remove or effectively destroy through damaging any Protected, Specimen, Historic or
Majestic Tree, on any real property within the Town of Trophy Club without first
obtaining a Tree Removal Permit, unless otherwise exempted by the terms of this
Ordinance.
2. Permit Required: Protected, Specimen, Historic or Majestic Trees shall not be removed
prior to the issuance of a Tree Removal Permit. Under no circumstances shall the clear-
cutting of trees on any real property within the Town of Trophy Club be allowed prior to
the issuance of a Tree Removal Permit for such property.
3. Replacement Trees Required: It shall be the responsibility of any person obtaining a Tree
Removal Permit for any tree to provide replacement according to the following criteria:
a. Protected Trees:
Replace with tree(s) having a total caliper width equivalent to one and one-half
(1½) times that of the trees to be removed.
Specimen Trees:
Replace with tree(s) having a total caliper width equivalent to two (2) times that
of the trees to be removed.
Historic or Majestic Trees:
Replace with tree(s) having a total caliper width equivalent to two and one-half
(2½) times that of the trees to be removed.
“Total caliper width” for replacement trees shall be measured as follows: For
single-trunk trees, the width shall be measured at one foot (1’) above ground
level. For multi-trunk trees, “total caliper width” shall be calculated by combining
the caliper width of the largest stem or branch with one-half of the caliper width
of each additional stem or branch, all measured at one foot (1’) above ground
level.
Example: If a 6-inch (6”) Protected Tree is removed, then that tree must be
replaced by trees with a total caliper width of nine inches (9”). This total
caliper width could be satisfied by one (1) nine-inch (9”) caliper replacement
tree, or three (3) three inch (3”) caliper width replacement trees, or any other
combination providing a total caliper width of nine inches (9”).
b. Such replacement trees shall be container-grown and have a minimum
caliper width of two and one-half inches to three inches (2½” to 3”),
measured at one foot (1”) above ground level. Alternatively, container-grown
replacement trees may have a minimum caliper width of four inches (4”)
measured at one foot (1”) above ground level. In any event, replacement trees
shall have a minimum height of at least six feet (6’).
c. At the discretion of the Parks & Recreation Director or authorized designee,
money may be paid to the Town of Trophy Club instead of providing the
replacement trees required by this Ordinance. Any such payments shall be
deposited in a special account or fund and used by the Town of Trophy Club
to provide and/or support supplemental landscape plantings in public areas
of Trophy Club or to support the administration and enforcement of the
Town’s tree preservation regulations. A per-caliper-inch cash value for
replacement trees shall be set annually by the Town Council after review and
recommendation by the Tree Board. The Parks & Recreation Director or
authorized designee shall maintain a record of the current per-caliper-inch
cash value of replacement trees.
4. Acts Specifically Prohibited: The following acts are prohibited:
a. It shall be unlawful for a person to violate any provision of this Ordinance.
b. It shall be unlawful for any person to remove or cause to be removed from
real property subject to this Ordinance a Protected, Specimen, Historic or
Majestic tree without first obtaining a Tree Removal Permit.
c. It shall also be a unlawful for a person to allow or to cause a tree to be
injured as a result of a failure to follow or require the use of tree protection
measures specified herein such that the tree dies or may reasonably be
expected to die.
5. Replacement Required Upon Conviction of Offense: If a person fails to obtain a
Tree Removal Permit as required by this ordinance, then upon conviction of such
violation in municipal court or upon the entry of a plea of guilty or no contest, such
person shall in addition to the fine imposed by the court, provide a replacement tree
or trees for each such violation. The replacement tree(s) shall have a total caliper
width equivalent to:
Protected Trees: five (5) times that of the removed tree(s).
Specimen Trees: ten (10) times that of the removed tree(s).
Majestic or Historic Trees: fifteen (15) times that of the removed tree(s).
Such replacement trees shall be container-grown and have a minimum
caliper width of two and one-half inches to three inches (2½” to 3”),
measured at one foot (1’) above ground level. In any event, replacement
trees shall have a minimum height of at least six feet (6’),
6. Approved Tree Planting and Replacement List: Only those tree species found on
the following Approved Tree Planting and Replacement List shall satisfy the tree
planting and replacement standards and requirements of this Ordinance.
Approved Tree Planting & Replacement List
Tree Size Common Name Scientific Name
Large Southern Live Oak (Quercű Virginiana)
Large Escarpment Live Oak (Quercus Fusiformis)
Large Shumard Oak (Quercus Shumardi)
Large Chinkapin Oak (Quercus Muehlenbergii)
Large Bur Oak (Quercus Macrocarpa)
Large Texas Red Oak Quercus Texana)
Large Bald Cypress (Taxodium Distichum)
Large Pecans And Hickories (Carya Species)
Medium Chinese Pistache (Pistachia Chinensis)
Medium Eldarica Pine (Pinus Eldarica)
Medium Leyland Cypress (Cupressociyparis Leylandi)
Large Magnolia (Magnolia Grandiflora)
7. Approved Median and Right-of-Way Tree Planting List: The following tree species
shall be allowed to be planted in medians and right-of-way when approved by the
Town. Additional tree species with non-aggressive root systems/deep root systems
may be authorized for planting by the Tree Board upon necessity and good cause
shown.
Approved Median and ROW Tree Planting List
Tree Size Common Name Scientific Name
Large Bald Cypress (Taxodium Distichum)
Large Bur Oak (Quercus Macrocarpa)
Medium Chinese Pistache (Pistachia Chinensis)
Large Chinkapin Oak (Quercus Muehlenbergii)
Medium Crepe Myrtle (Lagerstroemia Indica)
Large Escarpment Live Oak (Quercus Fusiformis)
Medium Fruitless Crabapples (Maluś Species)
Medium Holly (Ilex Species)
Large Lacebark Elm (Ulmus Parvifolia)
Large Magnolia (Magnolia Grandiflora)
Large Native Pecan (Carya Species)
Small Possum Haw (Ilex Decidu)
Small Redbuds/Whitebuds (Cercis Species)
Large Sawtooth Oak (Quercus Acutissima)
Large Shumard Oak (Quercus Shumardi)
Large Southern Live Oak (Quercus Virginiana)
Large Texas Red Oak (Quercus Texana)
Medium Wax Myrtle (Myrica Cerifera)
Large Winged Elm (Ulmus Alata)
Small Yaupon Holly (Ilex Vomitoria)
I. Spacing: The spacing of trees located in the rights-of-way will be in accordance
with the species size classes. No trees may be planted closer together than the
following:
Small Trees Thirty (30) feet
Medium Trees Forty (40) feet
Large Trees Fifty (50) feet
except pursuant to an alternative plan designed by a landscape architect, arborist or
degreed horticulturist and approved by the Town Tree Board.
9. Distance from Curb/Sidewalk: The distance trees may be planted from curbs, curb
lines and/or sidewalks shall be in accordance with the three species size classes.
Trees may not be planted closer to any curb or sidewalk than the following:
Small Trees Two (2) feet
Medium Trees Three (3) feet
Large Trees Four (4) feet
10. Distance from Street Corner and Fireplugs: No tree shall be planted closer than
thirty-five (35’) feet of any street corner, measured from the point of nearest
intersecting curbs or curb lines. Trees found in the rights-of-way shall be planted no
closer than ten (10’) feet of any fireplug.
11. Utilities: No trees other than small species may be planted under or within 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.
12. Public Tree Care: The Town shall have the right to plant, prune, maintain and
remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes,
squares and public grounds, as may be necessary to ensure public safety or to
preserve or enhance the symmetry and beauty of such public grounds.
13. Tree Topping: It shall be unlawful as a normal practice for any person to top any
tree located on public property. Topping is 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. Upon the written
approval of the Parks & Recreation Director, 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 the requirements of this
Ordinance.
14. Pruning, Corner Clearance: Every owner of any tree overhanging any street or
right-of-way within the Town shall prune the branches so that such branches shall
not obstruct the light from any street lamp or obstruct the view of any street
intersection and so that there shall be a clear space of eight feet (8’) above the
surface of the street or sidewalk. Said owners shall remove all dead, diseased or
dangerous trees, or broken or decayed limbs which constitute a menace to the safety
of the public. The Town shall have the right to prune any tree or shrub on private
property when it interferes with the proper spread of light along the street from a
streetlight or interferes with visibility of any traffic control device or sign.
SECTION 8.9 TREE PROTECTION MEASURES
1. The following tree protection measures shall be required:
a. Prior to construction or land development, the developer shall install four-foot-
high (4’) plastic (or equivalent) safety fencing around the drip line of Protected
Trees and six-foot-high (6’) chain link fencing around the drip line of Specimen,
Majestic, and Historic Trees. Prior to and during construction or land
development, all protected trees within thirty feet (30’) of a public right-of-way,
public easement or buildable lot area, as included on the applicable approved and
filed record plat, shall be marked with three-inch (3”)-wide red ribbon or tape.
b. Prior to construction or land development, the developer shall establish
designated parking areas for the parking and maintenance of all vehicles, trailers,
construction equipment and related items and designated stockpile areas for the
storage of construction supplies and materials during construction of the
subdivision. The location and dimensions of said designated areas shall be clearly
identified on both subdivision construction and site plans. Said designated areas
shall be completely fenced with chain-link fencing and gates for safety purposes
and to separate Protected, Specimen, Majestic or Historic Trees from the
construction area and related construction activity. The designated parking and
stockpile areas may be combined into one fenced area, provided the preservation
of protected trees is not adversely affected or jeopardized. Supplies and pipe and
other items that are customarily unloaded where installed shall not be required to
be stored within the designated stockpile areas.
c. During construction, the developer shall prohibit the cleaning of equipment or
materials and/or the disposal of any waste material, including, but not limited to,
paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy or drip line of
any Protected, Specimen, Majestic or Historic Tree or group thereof.
d. No attachments or wires of any kind, other than those of a protective nature, shall
be attached to any Protected, Specimen, Historic or Majestic Tree.
e. With major grade changes of six inches (6”) or greater, a retaining wall or tree
well of rock, brick, or other approved materials shall be constructed around the
tree no closer than the drip line of the tree. The top of the retaining wall or tree
well shall be constructed at the new grade.
f. Unless otherwise approved by the Parks & Recreation Director or the Town Tree
Board, no construction or construction-related activity shall occur under the
canopy or drip line of any Protected, Specimen, Majestic or Historic Tree or
group thereof. Furthermore, if a foundation, street or alley pavement, utility line,
on-site sewerage facility, pool, tennis court, patio, sidewalk, drive or parking lot
must be constructed within the drip line of a protected tree, it shall be constructed
no closer than five feet (5’) from the trunk of such protected tree provided further
that the portion of any driveway or parking lot constructed within the drip line of
any Protected, Specimen, Majestic or Historic Tree or group thereof shall be
constructed of pave-stone or other permeable materials.
g. Any trees removed during land development, construction, or construction-
related activities shall be chipped or hauled off-site. Burning of removed
trees is prohibited.
SECTION 8.10 TREE PERMITS
1. Tree Replanting Permit: Tree replanting permits shall be subject to the following
procedures.
a. Application for Tree Replanting Permit: An application for a Tree Replanting
Permit may be submitted at any time and need not be submitted in conjunction
with a development plan or record plat or a building permit. Tree Replanting
Permits must be obtained by making application to the Town’s Community
Development Department on forms prescribed by the Town. No fee shall be
charged to make application for a Tree Replanting Permit. The application shall
also be accompanied by a written document indicating the reasons for replanting
of the protected tree or trees and two (2) copies of a legible site or plot plan,
drawn to the largest practicable scale, indicating the following minimum
information:
1) The existing location, caliper width, height, and common name of all
protected trees proposed to be replanted and the proposed location or locations
for such replanting of such trees.
2) The location of all existing or proposed structures, improvements, easements,
and site uses, properly dimensioned and referenced to property lines, setback
and yard requirements, and special relationships.
3) The information required herein may be summarized in legend form on the
site or plot plan.
b. Review of Application for Tree Replanting Permit: Upon receipt of a proper
application for a Tree Replanting Permit, the Parks & Recreation Director or
authorized designee shall review the application and may conduct field
inspections of the site or development and/or refer the permit application to other
departments for review and recommendations as deemed necessary and
appropriate. The application for a Tree Replanting Permit shall be approved
unless the Town’s Parks & Recreation Director or authorized designee determines
that the proposed replanting will unnecessarily damage or jeopardize the health of
the tree or trees proposed to be replanted. Such determination lies within the sole
discretion of the Parks & Recreation Director. A denial of an Application for
Tree Replanting Permit by the Parks & Recreation Director or authorized
designee may be appealed to the Tree Board. The decision of the Tree Board may
be appealed to the Town Council as provided in Section (b)(3) of Section 1.9 of
this Ordinance, the decision of which relative to such permit application is final.
2. Tree Removal Permit: Tree Removal Permits shall be subject to the following
procedures:
a. Application for Tree Removal Permit: Tree Removal Permits for the removal of
Protected, Specimen, Majestic and Historic Trees in conjunction with the
development, subdivision and/or re-subdivision of real property must be obtained
by making application to the Town’s Parks & Recreation Director or authorized
designee on forms prescribed by the Town. The application shall accompany the
site plan or plat of the development and shall include a written document
indicating the reasons for removal of the protected tree or trees. The application
must be completed and signed by a registered arborist or landscape architect and
must include two (2) copies of a legible tree survey, drawn to the largest
practicable scale, indicating the following:
1) The location, caliper width, height, and common name of all single-trunk
trees of six inches (6”) caliper width or greater, measured at one foot (1’)
above natural grade level, and at least twelve feet (12’) high; and all multi-
trunk trees having a total caliper width of eight inches (8”), measured by
combining the caliper width of the largest stem or branch with one-half (½)
the caliper width of each additional stem or branch, all measured at one foot
(1’) above natural grade level, and at least twelve feet (12’) high.
2) The location of both the trunk and drip line, caliper width, height, estimated
age (not to be determined using invasive measures which might damage the
tree), a reproducible color photograph, and common name of all Protected,
Specimen, Majestic, and Historic Trees proposed to be removed.
3) Provide existing natural grade elevation and proposed final grade elevation
at each location for which for each protected tree for which a Tree Removal
Permit is requested.
4) The location and dimensions of all existing or proposed public streets,
alleys, rights-of-way, utility easements, drainage easements, fence
easements, pedestrian access easements or other public rights-of-way or
easements.
5) The location of all existing or proposed property lines, lot lines, building
lines, setback and yard requirements, any proposed building footprint or
floor plan, and other special relationships or significant features of the
proposed development plan, record plat or site plan of the development.
6) Existing and proposed site elevations, grades and major contours: including
a chart listing all Protected, Specimen, Majestic, and Historic Trees, their
respective locations, and indicating where grades around protected trees will
be changed by six inches (6”) or more.
7) The information required herein shall be summarized in legend form on the
tree survey and shall include the reason for the proposed removal of the
protected tree or trees.
8) Each tree shall be identified by numerical reference on the Tree Survey.
9) Each tree shall be affixed with a permanent tag bearing the corresponding
number as depicted on the Tree Survey. The tag shall be permanently
attached at a height not less than five feet (5’) nor more than six feet (6’)
above existing grade on the south face of the tree.
10) The survey shall bear the stamp or seal of a registered surveyor relative to
the location of any trees and shall bear the stamp or seal of a registered
landscape architect, or registered arborist relative to the specie(s) of any
trees.
11) A sign shall be placed on each separate lot or tract for which a Tree
Removal Permit is requested to inform the general public that an application
for a Tree Removal Permit(s) has been filed relative to a Protected,
Specimen, Majestic, or Historic Tree. The sign must meet the following
criteria:
a) The size of the sign(s) shall be three feet (3’) by four feet (4’) and be
made out of aluminum or corrugated plastic material;
b) The sign(s) shall be mounted on stakes/poles;
c) The sign(s) shall be visible from the street;
d) There shall be one (1) sign for each street frontage; and
e) The sign(s) shall have a white background, with letters and borders
being green in color. The sign(s) shall state the following:
TOWN OF TROPHY CLUB, TX
A TREE REMOVAL PERMIT HAS BEEN
REQUESTED FOR THIS SITE
FOR INFORMATION, CALL 682.831.4680
b. Review of Application for Tree Removal Permit. An application for a Tree
Removal Permit shall be accompanied by the appropriate administrative fee as
designated on the schedule of fees adopted by the Town Council, including all
amendments thereto. Upon receipt of a proper application accompanied by the
appropriate fee, the Parks & Recreation Director or authorized designee shall
review the application and may conduct field inspections of the development
and/or refer the permit application to other departments for review and
recommendations as deemed necessary and appropriate.
1) The application for a Tree Removal Permit, if required, shall be considered
an integral part of the application for site plan or plat approval, as
applicable, and no site plan or plat subject to the requirements of this
Ordinance shall be approved without the approval of a Tree Removal
Permit.
2) The Parks & Recreation Director or authorized designee may approve,
approve with conditions or deny a request for a Tree Removal Permit for
Protected Trees. An appeal of the decision of the Parks & Recreation
Director or designee may be made to the Tree Board.
3) The Tree Board’s recommendation concerning an application for Tree
Removal Permit shall be reviewed by the Town Council. The Town Council
may then approve the application, approve it with conditions, or deny the
application; however, the Town Council may overturn the denial of an
application for Tree Removal Permit by the Tree Board only upon a finding
that the subject development, subdivision or re-subdivision cannot
reasonably be developed, based on economic and/or practical
considerations, without removal of the tree or trees included in the permit
application.
4) Approval for a Tree Removal Permit authorizing the removal of a Historic
or Majestic Tree shall require a three-fourths (¾) majority vote of the Tree
Board and the Town Council, respectively.
SECTION 8.11 LAND DISTURBING ACTIVITIES
a) Approval and Permit Required: No Person shall engage in any land disturbing activities,
including but not limited to the removal of trees, land clearing and/or grading or other
pre-construction preparatory activity without the required approvals and permits. All
such land disturbing activities shall be confined to the interior limits of the grading area
identified on an approved grading plan. A clearing and grading permit is required in the
Town.
2. Exceptions: It shall be an exception to the permit requirement of this Section that a
person is engaging in one or more of the following activities:
a. Land Disturbing Activities in emergency situations involving immediate danger
to life and property or substantial fire hazards;
b. Land Disturbing Activities of one (1) acre or less on a single lot, under one
ownership, for the purpose of construction, landscaping and/or associated
improvements for a single-family residence to be constructed as indicated on the
site plan submitted to the Director of Community Development with an approved
application for a building permit;
c. The removal of underbrush, dead trees or diseased or damaged trees which
constitute a hazard to life and property based upon a field inspection verification
by the Parks and Recreation Director;
d. Land Disturbing Activities practices or other land disturbing activities associated
with and necessary to conduct normal agricultural crop operations on a property,
excluding timber cutting.
3. Standards:
a. General Regulations:
1) Land Disturbing Activities operations and other land disturbing activities
shall not create or contribute to landslides, accelerated soil creep, and/or
settlement.
2) Land Disturbing Activities operations shall not create or contribute to
flooding, erosion, or increased siltation or other forms of pollution in a
watercourse.
3) Land Disturbing Activities and other land disturbing activities shall be
conducted so as to expose the smallest practical area of soil to erosion for the
least possible time, consistent with anticipated build-out schedule
4) Debris shall be removed from cleared sites within six (6) months of the
operations completion date.
b. Cut and Fills:
5) Slopes greater than three (3) feet in height shall be no steeper than three (3)
horizontal to one (1) vertical foot, except where approved retaining walls are
engineered and installed and where trenches are refilled with material from
the excavation.
6) All topsoil removed during ground surface preparation shall be stockpiled on
the site and stabilized within fourteen (14) days.
7) When the owner of any parcel raises lowers, or alters the level or existing
grade of a site by fill or excavation, he or she shall, at their expense, take all
steps necessary to ensure compliance with the following:
a) Take or cause to be taken all actions necessary to protect all adjoining
property from encroachment by such fill or excavation, or danger of
collapse due to such excavation either by the erection of an engineered
retaining wall or by sloping the sides of such fill or excavation either
within the confines of the site; and
b) When engaging in land disturbing activities, including but not limited to,
cut and fill, such person shall not alter or otherwise compromise the intent
or use of existing drainage and utility easements as originally designed
and approved by the Town.
c. Establishing Ground Cover: A temporary ground cover shall be established on all
graded or disturbed areas not intended to be developed within thirty (30) days of
completion of Land Disturbing Activity.
3. Grading Plan Evaluation Criteria: When evaluating a Plan, the Director shall review the
Plan for compliance with the following criteria:
a. Appropriate footprint sizes are identified on the grading Plan and developments
are designed in accordance with the natural terrain and drainage of the site.
Erosion prevention and control measures are used, including protection of natural
swales and drainage areas. Severely eroded areas are stabilized.
b. Mass cutting, filling and benching or terracing of existing slopes to create
additional or larger building sites are prohibited; therefore, the Plan shall not
include or propose any such activity. The Plan provides for the use of alternative
treatments, including but not limited to building the structure with slopes of the
natural terrain, the use of internal or external building retaining walls, and the use
of low retaining walls on the site to reduce site grading. Mass site grading is
prohibited.
c. The Plan includes all information necessary for the Director of Community
Development to determine that the project will result in the reasonable
preservation of trees under the standards set forth in Section 8.5 of this Ordinance
and the requirements of this Section.
d. The area for which land disturbing activity is proposed is limited by design to the
area of construction, and the site is left in its natural state otherwise during the
course of construction.
e. The Plan shall include all information necessary for the Director of Community
Development to determine that it provides for the reasonable preservation of trees
and understory, and that the following criteria has been met regarding the
selection of trees to be preserved or removed. When making such determination,
the Director shall consider all relevant factors, including but not limited to the
following:
1) Proximity of the trees critical root zone or drip line to proposed grading
activity.
2) That all necessary and appropriate permanent tree protection methods are
employed to protect the preserved tree from damage where the tree’s critical
root zone may be impacted.
3) Other remedial or protective measures have been employed, including site
design that improves the chances for tree survival.
4) Temporary tree protection methods are adequately employed.
5) Construction methods for utility service to the site are used that allow
protection and preservation of additional trees, such as, tunneling under the
critical root zone, tree walls, or tree wells.
6) Utility trenching activities are indicated on the plan.
SECTION 3.
CUMULATIVE
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the
provisions of such Ordinances except for those instances where there are direct conflicts with the
provisions of this Ordinance; provided, however, that Ordinance No. 2002-40 P&Z is hereby
repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that
are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent
with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to Ordinance No. 2002-40 P&Z on the date of
adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance
and for that purpose the Ordinance shall remain in full force and effect.
SECTION 4.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas are expressly saved as to any
and all violations of the provisions of any other Ordinance affecting land disturbing activities,
the preservation of trees, and the regulation of the subdivision of land which have secured at the
time of the effective date of this Ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such Ordinances same
shall not be affected by this Ordinance but may be prosecuted until final disposition by the
courts.
SECTION 5.
SEVERABILITY
The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are
severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares that it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction,
in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the Caption, Penalty, and Effective Date in the minutes of the Town
Council of the Town of Trophy Club and by filing this Ordinance in the ordinance records of the
Town.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this the _______ day of ____________, 2005.
_______________________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_____________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_____________________________________
Town Attorney
Town of Trophy Club, Texas
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 4-27-2005
Subject: Agenda Item No.C.1
Review and approve minutes:
A. 17 March 2005
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MINUTES OF A PUBLIC HEARING & REGULAR SESSION
FOR THE
TOWN OF TROPHY CLUB
PLANNING AND ZONING COMMISSION
17 MARCH 2005
The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Public Hearing
and a Regular Session on 17 March 2005, at 7:00 pm in the Boardroom of the Trophy Club
Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262.
COMMISSIONERS ATTENDANCE:
Chairman Hill present
Vice Chairman Stephens present
Commissioner Bradley present
Commissioner Moss present
Commissioner Reed present
Commissioner Rodgers present
Commissioner Sheridan present
STAFF AND GUESTS PRESENT:
Kerin C. Fleck Planning & Zoning Coordinator
A.1 CALL TO ORDER AND ANNOUNCE A QUORUM.
Chairman Hill called the meeting to order at 7:02 pm, announced a quorum was
present and explained the format of the meeting for the benefit of the audience.
WORKSHOP
B.1 DISCUSS: A REQUEST FOR ZONING AMENDMENT AND SITE PLAN APPROVAL ON
TRACT 3 OF LOT 2, BLOCK B OF THE TROPHY WOOD BUSINESS CENTER.
Ms. Fleck explained that the applicant has withdrawn the request.
PUBLIC HEARING
C.1 CONSIDER: AN AMENDMENT TO ZONING ORDINANCE NO. 2000-06 P&Z BY
REPEALING ARTICLE 5, SECTION 35, ENTITLED "ACCESSORY STRUCTURES", IN ITS
ENTIRETY AND ADOPTING A NEW SECTION 35, ENTITLED "ACCESSORY STRUCTURES
AND BUILDINGS". (AMD-05-018)
There were no requests to speak from the public.
C.2 CONSIDER: AN APPLICATION FROM LAKE CITIES CHURCH OF CHRIST FOR A SPECIFIC USE
PERMIT TO ALLOW A DAY CARE FACILITY USE ON PROPERTY LOCATED AT 280 INDIAN CREEK
DRIVE, IN PD PLANNED DEVELOPMENT ZONING DISTRICT NO. 24, KNOWN AS LAKE CITIES
CHURCH OF CHRIST. (SUP-05-014)
Ms. Fleck introduced the item to the Commission and gave a brief summary of the application
request.
REGULAR SESSION
D.1 DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO:
B. PUBLIC HEARING AGENDA ITEM C.2
The Commission discussed the Specific Use Permit request from Lake Cities Church of
Christ.
Commission Sheridan inquired about the current schedule and the possibility of noise
associated with the request. The current Mother’s Day Out operates one (1) day a
week from 9am to 2pm. No additional noise is anticipated, as the operating hours will
remain the same, 9am to 2 pm, however the Day Care Use would operate 2 (two) days
week, Monday and Thursday.
A motion was made to recommend approval.
Motion: Sheridan
Second: Stephens
Ayes: Hill, Bradley, Moss, Reed, Rodgers
Nays: None
Action: 7-0
Motion carried.
This item will be presented to the Town Council 18 April 2005.
B. PUBLIC HEARING AGENDA ITEM C.1
Ms. Fleck introduced the agenda item. Throughout the application and enforcement
of Section 35 in the Town’s Zoning Ordinance, staff has identified areas that can be
strengthened. The proposed ordinance is generally a streamlined version of the current
Section 35, with minor changes made to materials, uses and garages. Additionally, the
current Section 35 contains conflicting language with other parts of the Zoning
Ordinance that have been resolved with the proposed revision.
After discussion among the Commission regarding temporary and permanent
structures, a motion was made to table this item until a date certain of 7 April 2005.
Motion: Stephens
Second: Rodgers
Ayes: Hill, Bradley, Moss, Reed, Sheridan
Nays: None
Action: 7-0
Motion carried.
D.2 PRESENTATION, DISCUSSION AND APPROPRIATE ACTION RELATIVE TO FOUR (4)
TEMPORARY USE PERMITS REQUESTS FOR THE FOLLOWING EVENTS:
A. ARBOR DAY (23 APRIL 2005)
B. 4TH OF JULY CELEBRATION (4 JULY 2005)
C. TROPHY CLUB FALL FESTIVAL (15 OCTOBER 2005)
D. CHRISTMAS TREE AND CLOCK TOWER LIGHTING (8 DECEMBER 2005)
APPLICANT: SHARON HUPPERT, COMMUNITY EVENTS COORDINATOR (TU-05-007)
Ms. Fleck introduced the item. The four (4) events will be the same as in previous years.
A motion was made to recommend approval of Temporary Use Permits A-D, above.
Motion: Sheridan
Second: Stephens
Ayes: Hill, Bradley, Moss, Reed, Rodgers
Nays: None
Action: 7-0
Motion carried.
D.3 DISCUSS: REVISIONS TO TOWN ORDINANCE NO. 2002-42 P&Z (CONSTRUCTION OF
FENCES AND RETAINING WALLS).
Ms. Fleck introduced this item. Town Council has directed staff to begin revisions to the
Fence Ordinance, specifically focusing on non-decaying materials and products. The
topic of conversation for this meeting will pertain to materials.
Barry Stevens of Superior Concrete addressed the Commission and gave a presentation
about his product line.
Rick Polland of Future Fence & Deck addressed the Commission and gave a brief
presentation about his product line.
The Commissioners discussed the presentations.
Chairman Hill stated the general consensus of the Commission was to incorporate
alternate materials into the ordinance. Staff was directed to revise the Fence
Ordinance accordingly and bring the changes before the Commission at a later
meeting.
D.4 REVIEW AND APPROVE MINUTES.
1. 17 FEBRUARY 2005
2. 26 JANUARY 2005
A motion was made to approve the minutes of 17 February 05.
Motion: Sheridan
Second: Moss
Ayes: Hill, Bradley, Reed, Rodgers, Stephens
Nays: None
Action: 7-0
Motion carried.
A motion was made to approve the minutes of 26 January 2005.
Motion: Sheridan
Second: Moss
Ayes: Hill, Bradley, Reed, Rodgers, Stephens
Nays: None
Action: 7-0
Motion carried.
E.1 ADJOURNMENT
Chairman Hill adjourned the meeting at approximately 9:17 pm.
______________________________________
Gene Hill, Chairman
(SEAL)
____________________________________________
Kerin C. Fleck, Planning & Zoning Coordinator
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 4-27-2005
Subject: Agenda Item No.D.1
Adjournment.
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