§ 5. TREE MITIGATION REQUIREMENTS

The tree mitigation requirements shall apply for all properties that do not fall under the exemptions listed in section 1.3, Exemptions, of this article. In addition, if a treescape plan or tree removal permit allows for the removal of a protected or feature tree(s), the applicant and/or property owner shall account for the number of inches of tree being removed using the following criteria:

1.

Primary protected trees. Primary protected trees measuring four inches through 25 inches DBH shall be replaced on an inch-for-inch basis (i.e. the total number of caliper inches of tree being replaced shall equal the total number of caliper inches being removed).

2.

Secondary protected trees. Hackberry and cedar trees measuring 11 inches through 25 inches DBH shall be replaced with a half-inch for every inch removed (i.e. the total number of caliper inches of tree required to be replaced shall be half (½) of the inches being removed).

3.

Featured trees. Featured trees (i.e. all trees greater than 25 inches) shall be replaced with twice the number of inches being removed (i.e. the total number of caliper inches of tree being replaced shall be twice the number of caliper inches being removed).

4.

Non-protected tree. No mitigation will be required for the removal of any tree that is less than four inches DBH or less than 11 inches DBH for hackberry and cedar trees. In addition, no mitigation shall be required for the removal of Bois d'Arc, willow, cottonwood, locust and Chinaberry trees.

Table 1: Summary of Mitigation Requirements

Type of Tree	Mitigation Value	Mitigation Requirement	Example of Mitigation Requirements
Primary protected trees	4"—25"	1":1"	A 20-inch tree would require 20-inches of mitigation.
Secondary protect trees	11"—25"	1":½" or 1":0.5"	A 20-inch tree would require ten inches of mitigation.
Featured trees	Greater than 25"	1":2"	A 30-inch tree would require 60 inches of mitigation.

 

5.

Tree preservation credits. For each saved oak, pecan or elm tree(s) 25 inches DBH or greater the mitigation balance can be reduced on an inch-for-inch basis for up to 20 percent of the total mitigation balance (i.e. total mitigation balance × 20 percent = Total eligible tree preservation credit).

6.

Mitigation balance. The total mitigation balance (i.e. mitigation balance − tree preservation credits = total mitigation balance) may be satisfied through one or a combination of the following:

(a)

The developer/property owner can provide the required number of trees—three-inch caliper DBH minimum—on the subject property to offset the total mitigation balance (e.g. if the total mitigation balance is nine inches then three three-inch caliper trees could be planted on-site to satisfy the mitigation requirements).

(b)

The developer/property owner may petition the parks and recreation department to accept the required number of trees—three-inch caliper DBH minimum—to offset the total mitigation balance (e.g. if the total mitigation balance is nine inches then three three-inch caliper trees could be submitted to the parks and recreation department to satisfy the mitigation requirements). Depending on the number of trees being submitted the director of parks and recreation or his/her designee could require a facilities agreement be approved prior to accepting the trees.

(c)

Tree preservation credits may be purchased at a rate of $200.00 per inch for up to 20 percent of the total replacement inches (e.g. if total mitigation required was 100 inches the developer/property owner could pay a total of $4,000.00 (i.e. (20% × 100) × $200.00 = $4,000.00) into the city's tree fund; however, the developer/property owner would still be required to satisfy a remaining tree mitigation balance of 80 inches). In addition, if the developer/property owner plants a tree on (i) the property for which the tree preservation credit was assessed or (ii) a location that is mutually agreed upon by the city and the developer/property owner, the developer/property owner shall be eligible for a reduction in the cost of tree preservation credits of up to 50 percent. These funds will be deposited in the city's tree mitigation fund and will be used for planting trees in the city's parks, medians, street rights-of-way, or other similar areas as determined by the parks and recreation department.

(d)

Trees required by article VIII, landscape standards, of this Unified Development Code shall be permitted to be subtracted from the total mitigation balance if provided on site as part of the required landscaping.

7.

Alternative tree mitigation settlement agreements. In certain cases, the city council—upon recommendation from the planning and zoning commission—may consider an alternative tree mitigation settlement agreement where, due to hardship, the applicant is unable to meet the requirements of this article or where it is determined that adherence to the tree mitigation requirements will create a hardship for an applicant. These funds will be deposited in the city's tree mitigation fund and will be used for planting trees in the city's parks, medians, street rights-of-way, or other similar areas as determined by the parks and recreation department.

(Ord. No. 18-01, § 1, 1-2-2018)