HomeMy WebLinkAboutOrd 958 Tree Ordinance AmendmentTOWN OF WESTLAKE
ORDINANCE NO. 958
AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 98
VEGETATION, DIVISION TWO PRESERVATION, SECTIONS 47 AND 48;
PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a Type A General Law municipality; and
WHEREAS, the Town of Westlake seeks to ensure that new development is consistent
with the Town's vision as further described and detailed in the Town's adopted plans, policies and
regulations; and,
WHEREAS, Chapter 98-Vegetation, Division 2-Preservation, Sections 47 and 48
prescribes tree protection requirements for Westlake; and
WHEREAS, Town staff proposes amendments to Chapter 98-Vegetation, Division 2-
Preservation, Sections 47 and 48 that provide basic tree preservation exemptions for residential
properties while remaining consistent with the Town's goals for environmental stewardship as
recommended in the 2015 Comprehensive Plan; and
WHEREAS, upon the recommendation of staff to amend Chapter 98-Vegetation, Division
2-Preservation, Sections 47 and 48 in Code of Ordinances, the Town Council of the Town of
Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the
amendments should be approved and adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct and
are incorporated herein as if copied in their entirety.
SECTION 2: That Chapter 98-Vegetation, Division 2-Preservation, Sections 47 and 48
in the Code of Ordinances, as amended, is hereby amended as follows:
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Sec. 98-47. - Applicability.
(a) Protected trees.
(1) A protected tree is any tree that has a trunk caliper of six inches or more, as measured 4.5 feet
above natural grade level, and is not one of the following species:
a. Ailanthus altissima (Tree of Heaven).
b. Alibizzia julibrissen (Mimosa).
c. Maclura pomifera (female only) Bois d'Arc.
d. Melia azeoarach (Chinaberry).
e. Salix nigra (Black Willow).
f. Celtis occidentalis laevigata (Hackberry).
(2) A person must not, directly or indirectly, cut down, destroy, move or remove, or effectively
destroy through damaging, any protected tree situated on property regulated by this division
without first obtaining a tree removal permit unless otherwise specified in this division.
(b) Properties requiring a tree removal permit. All public or private properties, including rights -of -way,
public easements, franchises and utility easements, shall be subject to a tree removal permit except as
provided in subsection c.
(c) Exceptions to the requirement for a tree removal permit.
(1) Residential properties. An existing single or two-family detached residence shall be exempt from
the tree protection and replacement requirements of this chapter as it pertains to that residential
property. However, this exemption does not apply to existing trees located within a roadway
landscape zone on or adjacent to that property, or to undeveloped single-family property, except
as provided below.
(2) Public safety. A tree removal permit shall not be required if a tree endangers the public health,
welfare or safety, and immediate removal is required as determined in writing by an official of
the town.
(3) Utility service disruption. A tree removal permit shall not be required if a tree has disrupted a
public utility service due to a tornado, storm, flood or other act of God. Removal shall be limited
to the portion of the tree reasonably necessary to reestablish and maintain reliable utility service.
(4) Landscape nursery. All licensed plant or tree nurseries shall be exempt from the tree protection
and replacement requirements and from the tree removal permit requirements only in relation to
those trees planted and growing on the premises of the licensee which are so planted and growing
for the sale or intended sale to the general public in the ordinary course of the licensee's business.
This may also apply to a nursery established and so designated by a developer of a large project
within the town, where trees are intended for landscaping future phases of such larger project.
(5) Residential building footprint. For undeveloped residential properties located in zoning districts
that are zoned for the principal permitted use of single-family detached residences, trees located
in the following areas shall be exempt from the tree protection and replacement requirements of
this chapter upon the issuance of a building permit for a new single family residence:
a. The building footprint ofthe principal residential building. The building footprint shall
include the enclosed area located under the same roof, and sharing the same
foundation, of the principal structure and shall not include outdoor swimming pools,
accessory structures, outdoor patio areas, other structures, etc. Covered patio areas that
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share the principal structure roof and share the same foundation of the principal
structure shall be included in the exempted area.
b. Areas within 10 feet of the building footprint of the principal residential building as
defined above. The measurement shall be taken from the edge of the principal building
foundation as determined by the Building Official.
See. 98-48. - Tree replacement and mitigation requirements.
(a) Replacement trees. In the event that a tree removal permit is granted, the applicant shall replace the
protected trees being removed with trees listed in appendix D, town's approved plant list. A sufficient
number of trees shall be planted to equal, in caliper, the diameter of the tree removed. Replacement
trees shall be a minimum of three-inch caliper measured 12 inches from the ground, and ten feet in
height when planted.
(b) Replacement procedures. Replacement trees shall be located on the subject site whenever possible.
However, if this is not feasible, the building official has the authority to allow the planting to take
place on another property.
(c) Reforestation fund. If approved by the building official, the applicant, in lieu of compliance with this
division, may make a payment into the reforestation fund, which shall be a special account
administered by the town. The funds shall be used only for purchasing, planting and maintaining trees
on public property, acquiring equipment that may be used for the planting, protecting or preservation
of trees, or for acquiring and preserving wooded property. The payment required shall be specified
and included in the Town's most recently adopted fee schedule.
SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and
all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms
or provisions of this Ordinance are hereby repealed.
SECTION 4: That any person violating any provision of this Chapter may be issued a
citation and upon conviction thereof, the person shall be deemed guilty of a misdemeanor and
punished as provided in subsection 1-9 of the Code of Ordinance of the Town of Westlake. Each
24-hour period of violation, and each separate act or condition in violation of this Chapter, shall
constitute a separate offense.
SECTION 5: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally
invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs or sections of this Ordinance since the same would have been enacted by
the Town Council of the Town of Westlake without the incorporation in this Ordinance of any
such legally invalid or unconstitutional, phrase, sentence, paragraph or section.
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SECTION 6: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 19th DAY OF DECEMBER 2022.
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Amy Piukan Town Secretary
APPROVED AS TO FORM:
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L. Stanton Lowry, Town Attorney
Sean Kilbride, Mayor
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