Agenda Packet P&Z 04/07/2005Town of Trophy Club
Planning & Zoning Commission Regular Session Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Thursday, April 7, 2005
7:00 P.M.
A.1 Call to order and announce a quorum.
B.1 Discuss and take appropriate action relative to:
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". (AMD-05-018)
B.2 Discuss and take appropriate action relative to: Revision to Town Ordinance No.
2002-40 P&Z (Tree Preservation an Removal).
B.3 Discuss: Revisions to Town Ordinance No. 2002-42 P&Z (Construction of fences
and retaining walls).
C.1 Adjournment.
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 4-7-2005
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: 4-7-2005
Subject: Agenda Item No.B.1
Discuss and take appropriate action relative to:
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". (AMD-05-018)
STAFF COMMENTS: Attached is the Accessory Structure Ordinance revision. After the
Commission’s discussion at the last P&Z meeting, the current ordinance was modified to resolve
the current areas of conflict initially identified by staff.
There are two versions of the ordinance, one in legislative format and the other in final copy.
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SECTION 35 – ACCESSORY STRUCTURES
An accessory structure shall comply in all respects with the requirements of this ordinance
applicable to the main buildingstructure, and in accordance with the following:
A. Residential Accessory StructuresAll residentaially zoned districts shall be subject to
the following regulations.
In the following districts, R-8, R-9, R-10, R-11, R-12, R-15, R-Fairway Village, R-Twenty in
Trophy, R-Oak Hill, R-Oak Hill Patio, R-Summit, MH HUD Code Manufactured Home and
Industrialized Housing, and PD (when used as residential) shall be subject to the following
regulations for accessory use for residential purposes.
1. Permitted Accessory Structures :
a. Accessory structures less than 120 square feet and not exceeding 6 feet in
height shall not require a building permit.of 120 sq. ft. or greater shall
require site plan approval by the Town Council upon recommendation by the
Planning and Zoning Commission.
b. A building permit shall be required for all accessory structures 50 sq. ft. or
larger.
cb. The following structures and uses shall be permitted as accessory to the
principal structure provided that none shall be a source of income to the owner
or user of the principal single-family dwelling,
1. Detached private garage in connection with any use, permitted in these
districts, provided that no such garage shall face a golf course; and
provided that any detached garage which faces a street be located not less
than forty-five (45) feet from the front property line; and provided,
however, that the requirement that no such garage face any street shall not
apply where the rear yard of a lot abuts a street which is contiguous to the
perimeter of the Town, unless otherwise provided by ordinance.
2. Cabana, pavilion, gazebo
3. Private swimming pool.
4. Signs subject to the provisions of the Town Sign Ordinance.
5. Storage/utility buildings (masonry or wood)
6. Greenhouse (as hobby, not business)
7. Home workshop
8. Flag Pole less than 20 feet
9. Tennis court
10. Basketball court
11. All other uses and structures which are customarily accessory and are
clearly incidental to the permitted and conditional uses and structures.
d. In the following districts, R-8, R-9, R-10, R-11, R-12, R-15, R-Fairway Village,
R-Twenty in Trophy, R-Oak Hill, R-Oak Hill Patio, R-Summit, MH HUD Code
Manufactured Home and Industrialized Housing, and PD (when used as
residential) District All residentially zoned districts when any of the foregoing
permitted residential accessory uses are detached from the principal single-
family dwelling, said uses shall not be located no less than forty-five (45) feet
from the front property line nor less than twenty (20) feet from any street right-
of-way, and not less than six (6) feet from rear and side lot lines, nor within any
identified easement. In addition, accessory structures permitted in these
districts shall not exceed one story in height, except for storage/utility structures
which shall not exceed 6 feet in height.
B. Non-Residential Accessory Structures and Uses: All non-residentially zoned districts
The following districts, NS, PO, CG, CR, GU, and PD (when used as non-residential) shall
be subject to the following non-residential accessory use regulations. The following uses
shall be permitted as accessory uses, provided that such use shall be located not less than
twenty (20) feet from any street right-of-way:
1. Permitted Accessory Structures and Uses in CG-Commercial District and in NS
Neighborhood Service District: The following uses shall be permitted as accessory
uses:, provided that such use shall be located not less than twenty (20) feet from any
street right-of-way:
a. Screened garbage storage on a concrete pad and no nearer than fifty (50) feet to
a residentially zoned district and not located between the front of the building
and any street right-of-way.
b. Temporary uses incidental to the primary use, provided the same is properly
screened and provided they conform to the standards set forth in Section 33,
Temporary Uses.
c. Signs subject to the provisions of the Town Sign Ordinance.
2. Permitted Accessory Structures and Uses in CR-Commercial District: The
following structures and uses shall be permitted as accessory structures and uses.
a. Cabana, pavilion, gazebo or roofed area
b. Signs subject to the provisions of the Town Sign Ordinance
cb. Uses and structures which are customarily accessory and are clearly incidental
to the permitted and conditional uses and structures.
3. Permitted Accessory Uses in GU-Governmental Use District and in PO-
Professional Office District: The following uses shall be permitted as accessory,
provided that none shall be a source of income to the owner or user of the principal
use:
a. Signs subject to the provisions of the Town Sign Ordinance
ab. Uses and structures which are customarily accessory and are clearly incidental
to the permitted and conditional uses and structures.
C. Prohibited Structures: The following structures shall be prohibited:
1. Treehouses
2. Metal, vinyl or similar material buildingstructures unless otherwise provided herein.
3. Temporary buildingstructures on skids
D. Permit Requirement: An Accessory Structure Permit shall be obtained, except for a flag
pole less than 20 feet, from the Town Planning and Zoning Administrator and the fee for
said permit paid prior to the construction of any accessory structure, if any of the following
conditions are present:
1. An accessory structure exceeds a total of eight feet in height including struts and
support poles etc.;
2. An accessory building exceeds 50 square feet in area.
3. Flag pole over 20 feet.
E.
D.
Location: An accessory structure located within any zoning district, with exception of a
flag pole and signs, shall not be located in any front yard, as defined by this ordinance, and
shall be located at least ten (10) feet from any dwelling, building or structure existing or
under construction on the same lot or any adjacent lot, except swimming pools, which may
be located nearer than ten (10) feet from any dwelling existing as long as the excavation of
the swimming pool does not in any way harm or endanger the existing building or dwelling.
Notwithstanding the foregoing, accessory structures are only allowed if they comply with
the zoning regulations in the district in which they are located.
F. Yard Requirements: Unless otherwise permitted by this ordinance, accessory buildings
shall be subject to the same yard requirements as the principal structure. In the case of a
corner lot, no accessory building shall be located within any side yard required on the street
side.
GE. Garage Requirements:
1. A detached garage, used to meet the minimum off street parking requirement, shall be
permitted as an accessory use in a residential district and shall be constructed . Said
garage shall have a minimum interior dimension of twenty one (21) feet by twenty
two (22) feet. Said garage shall also be constructed so as to accommodate the
enclosed parking of at least two (2) automobiles.
2. A detached garage, which is provided in addition to the required two (2) car garage,
shall be permitted as an accessory use structure in a residential district.
3. Any detached garage shall setback at least forty five (45) feet from the front property
line of a residential lot.
4. An attached garage structure, which is provided in addition to the required two (2) car
garage, may face any street if the garage sits back at least forty five (45) feet from the
front property line of a residential lot.
5. Any garage structure, provided in addition to the required two (2) car garage, shall
have a minimum interior dimension of 10 1/2 x 22 feet for each vehicle space.
6.
4.
Corner lots may have detached garages facing a side street if they set back a
minimum of thirty five (35) feet from the side street; however, no drive cuts will be
allowed from any street classified as a major or minor collector street.
HF. Masonry RequirementsDesign Criteria: All accessory buildingstructures shall conform
to the masonry following design criteria:requirements as recorded in each zoning district for
main structures.
1. The exterior surfaces of all accessory structures shall be consistent with the primary
structure. However, accessory structures that are normally constructed in such a
manner that masonry exterior surfaces are neither practical nor appropriate are
excluded from the masonry requirements (examples shall include, but not be limited
to gym sets, playhouses, greenhouses).The exterior surfaces of all accessory buildings shall be
consistent with the primary structure. However, accessory structures that are normally constructed in
such a manner that masonry exterior surfaces are not practical, nor appropriate are excluded from the
masonry requirements. Examples of excluded accessory structures may include, but not be limited to,
the following: gym sets, playhouses, greenhouses, garden shelters, gazebos, pavilions, etc.
2. Open-air structures, such as gazebos and pavilions, are permitted to be constructed
with an aluminum material so long as that material resembles wood-like construction,
subject to prior approval by the Town’s Planning and Zoning Coordinator.If a question
exists as to whether or not an accessory use is exempt, the Town Planning and Zoning Administrator or
the Planning and Zoning Commission shall determine which structures are exempted from the masonry
requirement; however, the Zoning Board of Adjustments will provide the final determination of
exempted accessory structures if the decision of the Town Planning and Zoning Administrator or
Planning and Zoning Commission is appealed.
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2005-__ P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE
SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY
REPEALING ARTICLE 5, SECTION 35, ENTITLED "ACCESSORY
STRUCTURES", IN ITS ENTIRERY AND ADOPTING A NEW SECTION
35, ENTITLED “ACCESSORY STRUCTURES”; PROVIDING FOR THE
INCORPORATION OF PREMISES; PRESCRIBING CRITERIA
RESIDENTIALLY ZONED DISTRICTS; PROVIDING CRITERIA FOR
NON-RESIDENTIAL ACCESSORY STRUCTURES; SETTING FORTH
CRITERIA FOR PROHIBITED STRUCTURES; PROVIDING
PROVISIONS FOR LOCATION; SETTING FORTH REQUIREMENTS
FOR DETACHED GARAGES; PRESCRIBING PROVISIONS FOR
DESIGN CRITERIA; PROVIDING A SAVINGS CLAUSE; PROVIDING A
CUMULATIVE REPEALER 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 A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a home
rule municipality acting under its charter adopted by the electorate pursuant to Article XI,
Section 5 of the Texas Constitution and Chapter 9 of Local Government Code; and
WHEREAS, on March 21, 2000, the Town Council adopted Ordinance No. 2000-06
P&Z, the same being the Comprehensive Zoning Ordinance, (hereinafter referred to as “CZO”),
establishing zoning regulations for the Town; and
WHEREAS, due to the evolving needs of the community specifically relating to
accessory uses and structures, and advancements in the construction materials industry, Town
staff has recommended an update to Article 5, Section 35 of Ordinance No. 2000-06 P&Z; and
WHEREAS, the Town Council wishes to modify Article 5, Section 35 of the Zoning
Ordinance in order to provide additional uses, structures and materials for accessory buildings
and structures within the Town; and
WHEREAS, all legal notices, requirements and conditions having been complied with,
the case to amend the Comprehensive Zoning Ordinance came before the Planning & Zoning
Commission and the Town Council; and
WHEREAS, after public notices were given in compliance with State Law and public
hearings were conducted, and after considering the information submitted at those public
hearings and all other relevant information and materials, the Planning & Zoning Commission of
the Town has recommended to the Town Council the adoption of the amendments to the
Comprehensive Zoning Ordinance as set forth in this Ordinance; and
NOW, THERFORE, 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:
SECTION 35 – ACCESSORY STRUCTURES
An accessory structure shall comply in all respects with the requirements of this ordinance
applicable to the main structure, and in accordance with the following:
A. All residentially zoned districts shall be subject to the following regulations.
In the following districts, R-8, R-9, R-10, R-11, R-12, R-15, R-Fairway Village, R-Twenty in
Trophy, R-Oak Hill, R-Oak Hill Patio, R-Summit, MH HUD Code Manufactured Home and
Industrialized Housing, and PD (when used as residential) shall be subject to the following
regulations for accessory use for residential purposes.
1. Permitted Accessory Structures
a. Accessory structures less than 120 square feet and not exceeding 6 feet in height
shall not require a building permit.
b. The following structures and uses shall be permitted as accessory to the
principal structure provided that none shall be a source of income to the owner
or user of the principal single-family dwelling,
1. Detached private garage in connection with any use permitted in these
districts, provided that no such garage shall face a golf course; and
provided that any detached garage which faces a street be located not less
than forty-five (45) feet from the front property line; and provided,
however, that the requirement that no such garage face any street shall not
apply where the rear yard of a lot abuts a street which is contiguous to the
perimeter of the Town, unless otherwise provided by ordinance.
2. Cabana, pavilion, gazebo
3. Storage/utility buildings (masonry or wood)
4. Greenhouse (as hobby not business)
5. Home workshop
6. Flag Pole less than 20 feet
7. Tennis court
8. Basketball court
9. All other uses and structures which are customarily accessory and are
clearly incidental to the permitted and conditional uses and structures.
c. All residentially zoned districts when any of the foregoing permitted residential
accessory uses are detached from the principal single-family dwelling, said uses
shall be located no less than forty-five (45) feet from the front property line nor
less than twenty (20) feet from any street right-of-way, and six (6) feet from rear
and side lot lines, nor within any identified easement. In addition, accessory
structures permitted in these districts shall not exceed one story in height, except
for storage/utility structure which shall not exceed 6 feet in height.
B. Non-Residential Accessory Structures: All non-residentially zoned districts shall be
subject to the following regulations. The following shall be permitted as accessory uses,
provided that such use shall be located not less than twenty (20) feet from any street right-
of-way:
1. Permitted Accessory Structures and Uses in CG-Commercial District and in NS
Neighborhood Service District: The following uses shall be permitted as accessory
uses:
a. Screened garbage storage on a concrete pad and no nearer than fifty (50) feet to
a residentially zoned district and not located between the front of the building
and any street right-of-way.
b. Temporary uses incidental to the primary use, provided the same is properly
screened and provided they conform to the standards set forth in Section 33,
Temporary Uses.
2. Permitted Accessory Structures and Uses in CR-Commercial District: The
following structures and uses shall be permitted as accessory structures and uses.
a. Cabana, pavilion, gazebo or roofed area
b. Uses and structures which are customarily accessory and are clearly incidental
to the permitted and conditional uses and structures.
3. Permitted Accessory Uses in GU-Governmental Use District and in PO
Professional Office District: The following uses shall be permitted as accessory,
provided that none shall be a source of income to the owner or user of the principal
use:
a. Uses and structures which are customarily accessory and are clearly incidental
to the permitted and conditional uses and structures.
C. Prohibited Structures: The following structures shall be prohibited:
1. Tree houses
2. Metal, vinyl or similar material structures unless otherwise provided herein.
3. Temporary structures on skids
D. Location: An accessory structure located within any zoning district, with exception of a
flag pole shall not be located in any front yard, as defined by this ordinance, and shall be
located at least ten (10) feet from any dwelling, or structure existing or under construction
on the same lot or any adjacent lot.
E. Garage Requirements:
1. A detached garage, used to meet the minimum off street parking requirement, shall be
permitted as an accessory use in a residential district and shall be constructed so as to
accommodate the enclosed parking of at least two (2) automobiles.
2. A detached garage, which is provided in addition to the required two (2) car garage,
shall be permitted as an accessory structure in a residential district.
3. Any detached garage shall setback at least forty five (45) feet from the front property
line of a residential lot.
4.
Corner lots may have detached garages facing a side street if they set back a minimum
of thirty five (35) feet from the side street; however, no drive cuts will be allowed
from any street classified as a major or minor collector street.
F. Design Criteria: All accessory structures shall conform to the following design criteria:
1. The exterior surfaces of all accessory structures shall be consistent with the primary
structure. However, accessory structures that are normally constructed in such a
manner that masonry exterior surfaces are neither practical nor appropriate are
excluded from the masonry requirements (examples shall include, but not be limited
to gym sets, playhouses, greenhouses).
2. Open-air structures, such as gazebos and pavilions are permitted to be constructed
with an aluminum material so long as that material resembles wood like construction,
as approved by the Town’s Planning and Zoning Coordinator.
SECTION 3.
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 sign regulations 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 4.
CUMULATIVE REPEALER
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
Ordinance on the date of adoption of this Ordinance shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and
effect.
SECTION 5.
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 6.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase 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 it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
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 & ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council 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__ day of May, 2005.
Mayor
Town of Trophy Club, Texas
Effective Date:
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 4-7-2005
Subject: Agenda Item No.B.2
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. Additionally,
provisions have 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, 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 platting and subdivision of land within and without the corporate limits of the
Town, is hereby repealed and replaced by adding revising item f2. 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 ManagerParks & Recreation Director” shall mean the
Community Development ManagerParks & Recreation Director 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.
“Majestic Tree” shall have the meaning assigned in Section 8.7 of this Ordinance.
“Original Construction” shall mean initial construction.
“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. Applicability: 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 Section shall apply to all real
property 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
c. All real property to be subdivided or re-subdivided, including record plats and
replats.
d. The yard areas of all developed property, excluding 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 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 person, corporation, or other legal entity shall engage
in removal of trees, land clearing and grading without the required approvals and permits.
Clearing and grading activity shall be limited to the limits of grading area identified on
the approved grading plan. A clearing and grading permit is required in the town.
2. Exceptions:
a. Grading and clearing in emergency situations involving immediate danger to life
and property or substantial fire hazards;
b. Grading 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
dingle-family residence to be constructed as indicated on the 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;
d. Grading and clearing practices associated with normal agricultural crop
operations, excluding timber cutting.
3. Standards:
a. General Regulations:
1) The grading will not create or contribute to landslides, accelerated soil creep,
and settlement.
2) The grading will not create or contribute to flooding, erosion, or increased
siltation or other forms of pollution in a watercourse.
3) Grading operations 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) Cut and fill slopes shall be no steeper than is safe for the intended use. 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 raise, lower or alter the level or existing
grade of a site by fill or excavation, they shall, at their expense:
a) 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) Cuts and fill shall not 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.
3. Plan Evaluation Criteria:
(1) Appropriate footprint sizes and developments are designed 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. Alternative treatments, such as
building the structure with slopes of the natural terrain, internal or external
building retaining walls are used, and low retaining walls on the site to reduce site
grading are used instead of mass site grading.
c. Demonstrates that the project will result in the reasonable preservation of trees.
d. The area 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. Demonstrates reasonable preservation of trees and understory and that the
following criteria is demonstrated in selection of trees to be preserved or
removed.
1) Proximity of the trees critical root zone or drip line to proposed grading
activity.
2) 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 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 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, 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 platting and subdivision of land within and without the corporate limits of the
Town, is hereby repealed and replaced by revising item 2. to 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 is
hereby added in its entirety as follows:
ARTICLE 8
TREE PRESERVATION AND REMOVAL
SECTION 8.1 DEFINITIONS
Buildable Area: 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: Any high covering limbs and/or leaves hanging over or creating shelter under the tree’s
foliage.
Parks & Recreation Director: The Parks & Recreation Director of the Town of Trophy Club
Texas, or his or her designee.
Crown: The top, upper, or highest portion of a tree, including the leaves and living branches.
Developer: Any individual, partnership, firm, association, joint venture, organization,
corporation, builder, construction company or governmental entity.
Drip Line: 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.
Majestic Tree: Shall have the meaning assigned in Section 8.7 of this Ordinance.
Original Construction: Initial construction.
Person: 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 terms and provisions of this Section shall apply to all real property
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;
c. All real property to be subdivided or re-subdivided, including record plats and
replats.
d. The yard areas of all developed property, excluding 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, corporation, or other legal entity shall engage
in removal of trees, land clearing and grading without the required approvals and permits.
Clearing and grading activity shall be limited to the limits of grading area identified on
the approved grading plan. A clearing and grading permit is required in the town.
2. Exceptions:
a. Grading and clearing in emergency situations involving immediate danger to life
and property or substantial fire hazards;
b. Grading 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
dingle-family residence to be constructed as indicated on the 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;
d. Grading and clearing practices associated with normal agricultural crop
operations, excluding timber cutting.
3. Standards:
a. General Regulations:
1) The grading will not create or contribute to landslides, accelerated soil creep,
and settlement.
2) The grading will not create or contribute to flooding, erosion, or increased
siltation or other forms of pollution in a watercourse.
3) Grading operations 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) Cut and fill slopes shall be no steeper than is safe for the intended use. 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 raise, lower or alter the level or existing
grade of a site by fill or excavation, they shall, at their expense:
a) 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) Cuts and fill shall not 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.
3. Plan Evaluation Criteria:
(1) Appropriate footprint sizes and developments are designed 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. Alternative treatments, such as
building the structure with slopes of the natural terrain, internal or external
building retaining walls are used, and low retaining walls on the site to reduce site
grading are used instead of mass site grading.
c. Demonstrates that the project will result in the reasonable preservation of trees.
d. The area 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. Demonstrates reasonable preservation of trees and understory and that the
following criteria is demonstrated in selection of trees to be preserved or
removed.
1) Proximity of the trees critical root zone or drip line to proposed grading
activity.
2) 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 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 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: 4-7-2005
Subject: Agenda Item No.B.3
Discuss: Revisions to Town Ordinance No. 2002-42 P&Z (Construction of fences
and retaining walls).
STAFF COMMENTS: Following the 17 March 05 Commission meeting, staff began making
revisions to the Fence and Retaining Wall Ordinance. The draft is undergoing a final review
from the Town’s building official. Upon final staff review, the proposal will be forwarded to the
Commission. Staff is prepared to have the complete draft on the 21 April 2005 agenda.
The area of discussion for this agenda will be height. The building department reports 7 out of
10 permit applicants inquire about, and would prefer to have an 8-foot fence. This figure has
been increasing steadily. With seventy percent (70%) of applicants interested in higher fences,
staff feels it is prudent to address this area with the Commission at this time.
(kcf)
PLANNING AND ZONING COMMISSION
MEMORANDUM
From: The Office of the Planning and Zoning Coordinator Date: 4-7-2005
Subject: Agenda Item No.C.1
Adjournment.
(kcf)