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Ord 2009-073
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Ord 2009-073
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Last modified
4/13/2016 3:28:10 PM
Creation date
12/9/2009 10:10:59 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Code of Ordinances
Number
2009-73
Date
12/1/2009
Volume Book
184
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and Resudentmall Development <br />(a) Application. The provisions of this Section apply to all new ReRpesideRtial aRd residential <br />development within the City and not within the ETJ. The responsible official shall be the <br />Planning Director. <br />(b) Preservation of Existing Landscape. The existing natural landscape character, especially <br />native oaks, elms, madrone, and pecan trees, shall be preserved to the maximum extent <br />reasonable and feasible. For example, in an area of the street yard containing a stand of <br />trees, the developer, and the builder shall use best good faith efforts to preserve such <br />trees. Celtis Occidentalis (Hackberry), Juniperus Virginiana, Juniperus Ashei (Common <br />Cedar), Chinaberry, mesquite and Ligustrum with a caliper of less than 12 inches are <br />excluded from this provision. Indiscriminate clearing or stripping of natural vegetation on <br />a lot is prohibited. Any part of a site not used for buildings, parking, driveways, <br />walkways, utilities,on site septic facilities(OSSF) and approved storage areas shall be <br />retained in a natural state, or reclaimed to its natural state, to the greatest extent <br />feasible, or attractively landscaped in a manner that adds aesthetic value to the <br />development. <br />(c) Protected and Specimen Trees. <br />(1) For the purposes of this Article, the caliper of a single-trunk tree shall be <br />measured in accordance with the definition of "caliper" in Chapter 8 of this Code. <br />The caliper of a multi-trunk tree shall be measured by the following equation: The <br />caliper of the largest tree trunk, plus 1/2 the caliper of all other tree trunks. For <br />example, a tree that has three trunks with calipers of 7", 6", and 4" would have a <br />caliper of 12", or T' + ( 1/2 x 6") + ( 1/2 x 4"). <br />(2) The removal of any tree with a caliper of nine inches or larger must be <br />specifically requested by the applicant and approved in writing by the designated <br />responsible official prior to any action being taken to remove the tree or to <br />damage or disturb the tree in any way. <br />(3) The removal of specimen trees, which for the purposes of these requirements <br />are trees with 24-inch caliper or greater, must be specifically requested by the <br />applicant and approved in writing by the designated responsible official prior to <br />any action being taken to remove the tree or to damage or disturb the tree in any <br />way. If the request is not approved by the designated responsible official, the <br />applicant may appeal the decision to the Planning and Zoning Commission. Any <br />specimen tree that is removed shall be replaced caliper-for-caliper (a ratio of <br />one-to-one), even if the tree removed is within the building footprint area. <br />(4) The location of all trees over nine inches in caliper to be preserved or removed <br />within the area proposed for development shall be designated on an application <br />for a Site Preparation Permit or a Watershed Protection Plan, Phase 2 (see <br />Chapter 1, Article 7). An aerial photograph indicating the tree canopy shall be <br />submitted with an application for a Watershed Protection Plan, Phase 1, together <br />with a designation of the location of specimen trees in the area proposed for <br />development. Removal of any such trees without City approval is expressly <br />prohibited. Such trees shall be tagged and numbered, and numbers shall be <br />graphically depicted on the applicable plan submitted. The tags and related <br />numbers shall remain on the trees until the Certificate of Occupancy is issued. 40
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