O-1445-8-96ORDINANCE NO. 1445-8-96
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING ORDINANCE NO. 1425-5-96, COMPREHENSIVE ZONING
ORDINANCE, AS PREVIOUSLY AMENDED, SO AS TO AMEND
ARTICLE 2, SECTION 2.09 SITE PLAN APPROVAL; PROVIDING FOR
EXHIBIT "A" AND EXHIBIT "B"; PROVIDING FOR A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00); PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Allen City Council of the City of Allen has adopted a Comprehensive Zoning Ordinance
which includes provisions for tree preservation; and
WHEREAS, the City Council has determined that these tree preservation provisions will affect the
development process and requires amendment to the Comprehensive Zoning Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1: From and after the effective date of this ordinance, City of Allen Comprehensive Zoning
Ordinance No. 1425-5-96, as previously amended, shall be, and is hereby amended as indicated by Exhibit
"A" Article 2, Section 2.09, Site Plan Approval, and Exhibit "B" Article 3, Section 3.05, Landscape and Tree
Preservation, attached hereto and made a part hereof for all purposes.
SECTION 2: All ordinances of the City of Allen, including existing Planned Developments, in conflict with
the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other
provisions of said ordinances not in conflict herewith shall remain in full force and effect.
SECTION 3: Any person, firm or corporation violating any of the provisions or terms of this ordinance
shall be subject to the same penalty as provided for in Subdivision Ordinance No. 1237-4-94, as previously
amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars
($2,000.00) for each offense.
SECTION 4: It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence or section
of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of
competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause,
sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed
the remaining portions even though it had known the affected parts would be held unconstitutional.
SECTION 5: This ordinance shall take effect immediately from and after its passage and publication in
accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON
THE 15THDAY OF AUGUST , 1996.
APPROVED AS TO FORM:
6 : ,
A. Don rowder, CIT TTORNEY
APPROVED:
W,-nd,kmq4l�l 1 ����Kevin L. Lilly, MAYOR
ATTEST:
QUA
dy Mokkison, CMC, CITY SECRETARY
Ordinance No. 1445-8-96 Page 2
EXHIBIT "A"
ARTICLE 2 - SPECIAL PROVISIONS
ORDINANCE NO. 1445-8-96
2.09 SITE PLAN APPROVAL - Approval of a Site Plan or Development Plan shall be required by the
Planning and Zoning Commission and City Council for all developments involving a Specific
Use Permit, or any development which in the opinion of the Director of Community
Development requires the review of the Planning and Zoning Commission and City Council.
Site or Development Plans submitted for a specific use permit shall become a permanent part
of the Zoning Regulations for the proposed development, and any Site Plan or any significant
change to a Site Plan already approved shall be considered as an amendment to this Zoning
Ordinance.
Site Plans'f6F-development nbt-involrying: a Specific Use`Perrli'it shall-be-submitted'tn the
Department _of"Community Development for review and approval; as required -by A'Fticle V,
Section 5'01 �
A Site or Development Plan shall contain the following elements:
SHEET FORMAT
A. Four (4) copies, 24" x 36" sheet (match lines are acceptable)
Fifteen (15) 11" x 17" blacklines
Computer Disk - One (1) copy of the site plan may be required on
nonreturnable floppy disk in a .DWG or .DXF format, or such format as
needed by the City.
B. North arrow.
C. Vicinity Map
D. Scale, 1" = 20' preferred; scale as appropriate to project size
E. Title Block including legal name, project name, address
INFORMATION ON PLAN
A. Zoning; list special conditions
B. Setbacks as required by zoning
C. Building/parking summary
1.
Lot area (acreage and square footage)
2.
Building square footage (for each floor)
3.
Parking ratio
4.
Parking required (bldg. area divided by parking ratio for the
appropriate use)
5.
Parking provided
6.
Landscape percentage and square footage
7.
Floor Area Ratio (FAR) (building square footage divided by land
square footage)
8.
Building height (stories and feet)
D. Owner's name, address, and phone number
E. Design firm, contact person, address, and phone number
ORDINANCE NO. 1445-8-96
III. SITE FORMAT
A. Dimension Control
1.
Property lines and distances
2.
Dimensions of all buildings
3.
Distances of all buildings to property lines
4.
Radii for fire lanes
B. Utilities
1.
All Existing Easements (use dashed lines and labels)
C. Paving Layout
1.
Face of curb shall be a minimum 2' from all property lines to allow for
vehicle overhang
2.
22' fire lane - 30' interior radii
3.
24' fire lane - 20' interior radii
4.
30' fire lane - 10' interior radii
5.
Public streets, private drives and fire lanes with pavement widths,
right-of-way, median openings, turn lanes (including storage and
transition space), and driveways (including those on adjacent property)
with dimensions, radii, surface type, and distances between
driveways.
6.
Parking areas and structures, including the number and layout of
standard spaces, handicap spaces, the location of ramps, crosswalks
and loading areas with typical dimensions and surface type.
7.
No dead end parking
8.
At major driveways, no perpendicular traffic aisles interior to the
parking lot are recommended within 78' of the property line adjacent
to an arterial street
9.
Graphically indicate and label curb line
10.
Concrete sidewalks within the right-of-way
D. Fire Protection
1.
All parts of the building(s) - (as fire hose lays)
a. Nonresidential
1. Within 150' of dedicated fire lane or street
2. Within 300' of two fire hydrants
b. Multi -family
1. Within 300' of two fire hydrants
2. Hydrants
a. Every 300' along the street for nonresidential districts
b. Every 300' along the street for multi -family districts
C. Every 500' along the street for residential districts
d. Within 100' of Fire Department connection (FDC)
e. 2' 6" back of curb from a dedicated street or fire lane
3. Minimum of 14' high vertical clearance in the fire lane.
E. Sanitation
1. Dumpster and trash compactor locations and screening. Dumpster
location must allow a 40 -foot unobstructed approach with a 900 turning
radius, and shall be screened in conformance with Section 3.07 of this
ordinance.
F. Location of Off-site Improvements
1. Adjacent drives
2. Existing and proposed median cuts
3. Parking, buildings or other structures within 50' of subject property
0J,
ORDINANCE NO. 1445-8-96
G. Miscellaneous
1. Indicate adjacent property -
a. Subdivision name
b. Property lines
C. Zoning
H. Variances
1. Any variances to the existing ordinances must be noted on the site
plan
IV. Thi a site plan_sha-1Yaccompamd j by a tree surveythat"is authenticated`by A certified
NW—oaf or Ian dscap 'architect, wfiich will"include; the following information:
I;egal"De'scription
B7 Date of Preparation
C? North Airow
D! Name, ad"dress and"pYione number of owner
E? Name,'address and ph ne number of preparer
F3 Caliper of all trees 6" or larger
G7 Location andcommon name of species
H? Identification of all trees to'be removed
I? Identification of caliper height, common name of species, and'lo-66 6n o
J. ISentifi'Uti ni�ofcaliper, common name f species, and`loeation of exisfing
trees that are to be_used-for credits
K! Fe7—submit-Od"in lieu of replacement
L-7 Z3–rii7o'f Pr TM
M. Documentation of agricultural tax status;ifwexemption°is7?egiiested
Tree surveyiiiust lie presented as an overlay to the site planin; order�'to demonstrate
the impact of the develo me tai the"�"3e cMtitSg't Tvr.
1V V. Building Elevation Requirements for New Construction or Existing Facility where
Facade is being Altered
A. Elevations facing roadways
B. Scale to accurately represent the intended appearance
C. Exterior construction materials should be identified
It shall be unlawful to issue a building permit prior to the recommendation by the Planning and
Zoning Commission and approval of the Site Plan by the City Council. No building permit shall
be issued except in conformity with the approved Site Plan, including all conditions of approval.
The Planning and Zoning Commission is authorized to request the applicant to submit a
landscape plan, with proposed landscape materials, and further authorized to withhold action
on the Site Plan until the submission of the landscape plan.
For the purpose of assisting in -process planning, a Preliminary Site Plan may be submitted for
Planning and Zoning Commission consideration. Such Preliminary Site Plan may contain any
or all of the Site Plan requirements and must be drawn to scale, submitted in adequate quantity
and titled "Preliminary Site Plan." The approval of a Preliminary Site Plan will not imply
approval of all elements of a Site Plan. It shall be unlawful to issue any building permit on a
"Preliminary Site Plan."
3
ORDINANCE NO. 1445-8-96
EXHIBIT "B"
3.05 LANDSCAPING AND TREE PRESERVATION REQUIREMENTS -
The terms and provisions of this section are intended to accomplish the following public
purposes:
A. Establish rules and regulations governing the protection and preservation of native or
established trees within the City of Allen.
B. Encourage the protection of healthy and desirable trees and provide for the
replacement and/or replanting of trees that are necessarily removed during
construction, development or redevelopment.
C. Provide for the preservation and protection of larger native or established trees, which
provide a valuable amenity to the urban environment and which, once destroyed, can
only be replaced after generations, if at all.
D. Provide for shade, windbreaks and the cooling of air; thereby, reducing the
requirements for air conditioning and heating and the utilization of scarce energy
resources.
E. Provide for open space and more efficient drainage of land; thereby, reducing the
effects of soil erosion and the need for additional drainage facilities.
F. Prevent the clear -cutting of land containing trees of 6" caliper or larger. The illegal
cutting of each tree 6" or larger shall constitute a separate offense of this ordinance
under Article V.
1. NON-RESIDENTIAL LANDSCAPING REQUIREMENTS - These standards shall apply to all
non-residential districts. Any area within a planned development district containing landscaping
standards shall be regulated by the more restrictive standards.
A. The minimum landscaping area for nonresidential districts shall be not less than ten
(10) percent of the pavement area on the site. Landscaping shall include the following
items as detailed in Sections B, C, D and E below:
1. Landscaping Along Street Rights-of-way
2. Interior Parking Lot Landscaping
3. Landscaping for Corner Lots
4. Landscaping/screening for Parking Lots Adjacent to Residential Areas
In the event that the total landscape area provided per the requirements of Ssections
B, C, D, and E is less than 10% of the pavement area of the site, additional
landscaping shall be provided to meet the 10% requirement.
Example:
a. If 1, 2, 3, and 4 above equal 15% of pavement, then requirement for 10% of
pavement is satisfied
b. If 1, 2, 3, and 4 above equal 10% of pavement, then requriement for 10% of
pavement is satisfied)
C. If 1, 2, 3, and 4 above equal 8% of pavement, then additional landscaping is
required to equal 10%.
B. Landscaping Along Street Rights -of Way - All commercial, industrial, and other non-
residential uses shall comply with the following street scape requirements:
ORDINANCE NO. 1445-8-96
(1) A landscaped edge shall be provided adjacent to all streets. The landscaped
edge shall be a minimum width of ten (10) feet, exclusive of street rights-of-
way. V1/ithin the' lardscaped edge,: a�miiiimum' of ofie , )`shade free(3 j
caliper minimum):or an epproveii ornamental-ttee sshall"be planted peF 500
square .ff e66 `landscape'd��"aiea' e;Appeiidix Cllust�ation 13j. W The 10 -foot
landscape edge may be reduced in the Central Business'District (CBD) to no
less than two (2) feet where lots are less than two (2) acres." Ih sucliase; a
minimum o`f,Lcne. (1 )k sliade�tree"-(3"`:caliper "iriiriimum)r or; ania� p o'G d
o�`na`merital�tree "shall"be planted for_."every fty (50)"ft`of-fronta�e on ar-iy
public street? -(1) shade tfee
(2) Where parking lots and drives abut the landscaped edge, ten (10) shrubs (5
gallon minimum) shall be planted per 500 square feet of landscaped edge
(see Appendix Illustration 13). The number of required shrubs shall be
calculated solely on the area of the required landscaped edge. A berm may
be placed within the landscaped edge in lieu of the required shrubs; however,
a headlight screen must be accommodated if necessary. The berm must be
42 inches above the average grade of the street and parking lot curbs. The
slope of the berm shall not exceed a 3 to 1 grade.
(3) If the parking lot is located 50 feet or more from the street right-of-way line, no
shrubs or berms will be required unless needed for a headlight screen.
(4) The applicant is also encouraged to plant a variety of ornamental trees and
flowers in addition to the required plantings. Any permeable surface not
occupied by trees, shrubs, planting beds, signs or other permitted fixtures
shall be planted with turf or other living ground cover.
(5) The required width of landscaped edge may be reduced during plan review
when public improvements are necessary.
C. Interior Parking Lot Landscaping - Any non-residential parking area which contains
more than twenty (20) parking spaces shall provide interior landscaping in addition to
the required landscaped edge:
(1) Interior landscaping shall include all areas within the paved boundaries of the
parking lot as well as planting islands, curbed areas, corner lots, parking
spaces and all interior driveways and aisles except those with no -parking
spaces located on either side. Landscaped areas outside of the parking lot
may not be used to meet the interior landscaping requirement (see Appendix
Illustration 14).
(2) There shall be eight (8) square feet of interior landscaping for each parking
space (180 square feet) or fraction thereof.
(3) There shall be minimum of one (1) shade tree (3" caliper minimum) or an
approved ornamental tree for every twenty (20) parking spaces or fraction
thereof. The trees should be evenly distributed unless approved by the
Director of Community Development.
(4) All landscaped areas shall be protected by a raised six (6) inch concrete curb.
Pavement shall not be placed closer than the drip line of the tree, at time of
installation, unless a staff approved root barrier is utilized.
N
OP.DLNMCE NO. 1445-8-96
(5) Where an existing parking area is altered or expanded to increase the number
of spaces to more than twenty (20), interior landscaping shall be provided on
the new portion of the lot in accordance with the above standards.
(6) The requirements listed above shall not apply to structured parking garages
D. Landscaping For Corner Lots - Corner lots at the intersection of two major or larger
thoroughfares shall comply with the following landscaping requirements in addition to
the required plantings for the landscaped edge and interior parking lot landscaping:
(1) A minimum 15 foot wide landscaped edge shall be located along all street
Fight -of -way lines beginning at the corner and extending 175 feet or to the
closest driveway. Beyond this point, the landscaped edge may be gradually
reduced (over a distance of 25 feet) to 10 feet in width (see Appendix
Illustration 15);
(2) Where the Community Development Department has determined there is a
need for a right -turn lane at a location, the landscaped edge may be reduced
to a minimum of 7.5 feet (see Thoroughfare Design Standards of Subdivision
Ordinance);
(3) A minimum landscaped area of approximately 900 square feet shall be
located at the intersection corner of the lot. This landscaped area shall be
provided within an area measured a minimum distance of 40 feet from the
projected corner of the intersection on both sides of the lot (see Appendix 15).
No trees should be planted in this area.
E. Landscaping/Screening for Parking Lots Adjacent to Residential Areas - Where
parking is within 50 feet of residentially zoned property and is not screened from view
by a screening wall specified in Section 3.07, a continuous screen of shrubs (5 gallon
minimum) must be placed adjacent to the parking. The required landscaping shall
comply with the following regulations:
(1) The required shrubs shall create a minimum 42 inch high screen at time of
installation.
(2) Drought and freeze -resistant shrubs shall be used including but not limited to:
- Red Tip Photinia
- Burford Holly
- Chinese Holly
- Yaupon Holly
- Juniper (several varieties)
- Wax Myrtles
- Eleagnus
Other plants may be used with staff approval.
F. Standards - All materials must meet the American Association of Nurseryman, Inc.,
"American Standard for Nursery Stock" (latest addition).
3
ORDINANCE NO. 1445-8-96
7. TREE PRESERVATION AND PROTECTION - The purpose of this section is to establish
incentives for the preservation of existing, healthy and protected trees within the City of Allen
and to provide guidelines for the protection of trees.
A. Applicability - The terms and provisions of this section apply to real property as
follows:
(1) All vacant and undeveloped property.
(2) All property to be developed and redeveloped, including additions and
alterations.
(3) Residential streets are the responsibility of the developer.
B. Preliminary Development Plans - A general survey of natural vegetation showing tree
groupings and anticipated tree losses shall be submitted with all preliminary site plans.
C. Final Development Plans - The landscape plan that is required with site plans and
preliminary plat submissions shall also include the approximate location, size (caliper
and height), condition and common name of each tree to be preserved if the applicant
is requesting tree credits.
Trees'6"*RElZ' p!iper,F1" credit'for.:eacli1'p res
Trees 1'2x1"'X24"�c�lipe'r;_1'%Z"c�edif'.fo� each _1`'"p'F�"s"r�ived
Trees.oTe1"24' Mcaliper; 2" c�edit`for each 1" pres ed!
Only trees.haViing;been='protected'in 'accordance' with-t_he_`Tree Protection" Guid"e"lines
shall'be considered=fotCddit`
Tree cre'ditsFinay�be�applied ata"maxiin`um;rateldf.,or e'third-fot re'sideri'tiaf,-Wd d ie
half'fo� noii=�esidential;toward�lanciscape ;and%or tfee*replacefent` µ
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Trees'6"*RElZ' p!iper,F1" credit'for.:eacli1'p res
Trees 1'2x1"'X24"�c�lipe'r;_1'%Z"c�edif'.fo� each _1`'"p'F�"s"r�ived
Trees.oTe1"24' Mcaliper; 2" c�edit`for each 1" pres ed!
Only trees.haViing;been='protected'in 'accordance' with-t_he_`Tree Protection" Guid"e"lines
shall'be considered=fotCddit`
Tree cre'ditsFinay�be�applied ata"maxiin`um;rateldf.,or e'third-fot re'sideri'tiaf,-Wd d ie
half'fo� noii=�esidential;toward�lanciscape ;and%or tfee*replacefent` µ
O
ORDINANCE NO. 1445-8-96
E. REPLACEMENT: In the event it is necessary to remove a tree 6" caliper or larger, the
developer, builder, or property owner shall be required to replace the trees to be
removed with comparable or better species trees somewhere within the planned
development or subdivision. Community Development may allow the trees to be
located to other areas in the City if it is deemed necessary by City Staff and space is
available; otherwise, the developer shall be required to escrow equal funds.
A sufficient number of trees shall be planted to equal, in caliper, the caliper of the tree
removed. Said replacement trees shall be a minimum of three inches (Y) caliper and
seven feet (T) in height when planted.
single family_rLe§idenfial�l
year^after planting;to_coii
arifed: inside tF
est- sifccessfull
Protected"trees 6",or largei located -i ttf& Cenal�
tFBusiriess"District shallwbe'reNtioci �
at the following'rate: �� ... ��
Trees 24 c liper oCTeldter - 1�009%o Te—p � ent required
Veers less'tfian 24" caliper - 50097--piacem t required
C"redits'ftiay�be`ap' lied as stated'ii1 P a�Fi�lO;�aiioveI ad"tlressing non-resiiie tial
propeity_witliin tlie'CBD� W "
F. Certain native and nonnative trees are considered unprotected and will be considered
exempt from the requirements of this Ordinance; i.e., they can be cut down and
removed but only by authority of a tree cutting permit. The following are considered
unprotected trees:
Arizona Ash
Bois D'Arc (Native)
Chinese Tallow
Cottonwood (Native)
Hackberry (Native)
Honey Locust (Native)
Lombardy Poplar
Mimosa
Mulberry
Siberian Elm
Silver Maple
Sycamore
Weeping Willow
Fraxinus velutina
Maclura pomifera
Sapium sebiferum
Populus deltoides
Celtis occidentalis
Gleditsia triacanthos
Populus nigra italica
Albizzia julibrissen
Morus alba
Ulmus pumila
Acer saccharinum
Platanus Occidentalis
Salix Babylonica
Other significantly -sized, unprotected trees will be considered for tree credits. These
trees must be located outside of the floodplain, be over 12" in size, and be individually
field inspected by a designated representative of the City of Allen.
ORDINANCE NO. 1445-8-96
1.1
2'
311
G. Guidelines for Tree protection - Developers shall adhere to the following tree protection
measures on all construction sites as applicable:
(1) Prior to construction or land development, the developer shall clearly mark all
trees to be preserved.
(2) The developer shall erect a fence around each tree or group of trees to prohibit
the placement of debris, parking of vehicles, or fill, within the drip line of any
tree.
(3) During the construction stage of development, the developer shall prohibit
cleaning of equipment or materials under the canopy of any tree or group of
trees to remain. Nor shall the developer allow the disposal of any waste
material such as, but not limited to, paint, oil, solvents, asphalt, concrete,
mortar, etc., under the canopy of any tree or groups of trees to remain.
(4) No attachments or wires of any kind, other than those of a protective nature,
should be attached to any tree.
(5) Major changes of grade one inch or greater will require additional measures to
maintain proper oxygen and water exchange with the roots. With major grade
changes, a retaining wall or tree well of rock or brick should be constructed
around the tree no closer than '/2 the distance between the trunk and the drip
line. The top of the retaining wall should be constructed at the new grade.
Grade changes greater than 1" may be made with staff approval.
(6) If a patio, sidewalk, drive or parking lot must be placed within the drip line of an
existing tree, material such as a porous (turf) pavement that will allow the
passage of water and oxygen should be used.
(7) Fence row trees are trees that exist primarily in nearly a straight line along older
or existing property lines that generally, but not always, run parallel to a fence.
R
ORMIANCE NO. 1445-8-96
Fence row trees 6" in caliper or greater in residential developments shall be
preserved by providing a 15 -foot protected area centered 7.5' on each side of
the centerline, on and parallel to the fence row trees. No utility, trench
(including irrigation trenches), alley paving, or permanent structure shall be
allowed within the area. Removal -of trees 6" caliper or larger is allowed where
an alley has back-to-back residential lots and access is needed to one side of
the area. These trees shall be identified and removal of such will not require
replacement. All pFeteeted trees saved, 6" �17k caliper and larger, shall be
considered for tree credit purposes. Fences that are installed within this area,
and which do not interfere with the existing trees, may be allowed. Fences
proposed to be located in the area shall have the design and layout submitted
to•the City of Allen for review and approval.
H. The first floor of parking garages is the only area that should be used to determine the
landscaping requirements as established herein.
REQUIRED LANDSCAPE BUFFERS ALONG U.S. 75 AND SH 121. There shall be a
twenty- five (25) foot irrigated landscape buffer immediately adjacent to U.S. 75 and
S.H. 121 in which no building structure or parking shall be permitted.
J. No site developed prior to the effective date of this section shall be required to conform
to the landscaping requirements of this section unless the site is being redeveloped or
there is a twenty-five percent (25%) or more increase in the existing square footage of
building area or reconstruction of the existing parking lot.
K. Once a "Certificate of Occupancy" is issued for single family or duplex home sites, the
property becomes exempt from this Ordinance.
L. No tree six inches (6") in caliper or larger shall be cut down without obtaining a Tree
Removal Permit.
8. INSTALLATION PRACTICES - For areas to be dedicated to the City.
A. Grading - All areas receiving new turf or sod shall be fine graded, eliminating all rocks
and debris larger than one inch (1") inch in diameter. If necessary use additional fertile
soil for top dressing to promote healthy growth and positive drainage.
B. Bed Preparation - All beds shall be prepped with at least four inches (4") of amended
or new soil. The beds should be crowned or sloped to create positive drainage. The
beds should be topped with 2 inches of weed free mulch.
C. Turf Requirements - All turf areas should be established prior to city acceptance. -The
turf should have 90% coverage and be weed -free.
D. All site preparation, landscape and irrigation plans for areas to be turned over to the city
must be approved by the Parks and Recreation Department.
E. Ali trees should be back filled with the native soil with a mild fertilizer added to the
backfill. The soil should be free of rocks and debris. All trees should be staked outside
of the rootball.
F. WARRANTEE: All required trees and plant, material shall be guaranteed for one year.
Sod and turf should be maintained for at least one year prior to acceptance.
9. TREE REMOVAL PERMITS
A. Removal of Trees 6" Caliper or Larger. No person, directly or indirectly, shall cut down,
destroy, remove or effectively destroy through damaging, any tree 6" caliper or larger
7
ORDINANCE NO. 1445-8-96
on any real property within the City of Allen without first obtaining a Tree Removal
Permit as provided in this section.
(1) Permit required. Trees shall not be removed prior to the issuance of a Tree
Removal Permit unless:
a) said trees are injured, dying, diseased or infested with harmful insects;
or
b) are in danger of falling, interfere with utility service or create unsafe
vision clearance; or
C) in any manner create a hazardous or dangerous condition so as to
endanger the public health, welfare or safety; and
d) the City Manager's designee, or authorized designee, approves the
removal thereof.
Under no circumstances shall the clear -cutting of trees on any real property
within the City of Allen be allowed prior to the issuance of a Tree Removal
Permit for said property. Any tree removed will be required to follow the
guidelines of this ordinance.
i (2) Penalties for unauthorized removal of trees. If any trees are removed from any
real property, including any injury to a tree resulting from the builder's failure to
follow required tree protection measures that causes or may reasonably be
expected to cause the tree to die, the property owner shall be determined to be
in violation of this ordinance.
B. Application for Tree Removal Permit - Tree Removal Permits for the removal of trees
shall be obtained by making application to the City of Allen on a form provided by the
City and shall be subject to the following procedures.
(1) Review of Application for Tree Removal Permit. Upon receipt of a proper
application for a Tree Removal Permit, accompanied by an administrative fee
of one hundred dollars ($100.00) per permit application, the City Manager's
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 by the City
Manager's designee.
(a) The application for a Tree Removal Permit, if required, shall be
considered an integral part of the application for development plan
approval, and no development plan for any development subject to the
terms and provisions of this section shall be approved without approval
of said Tree Removal Permit.
(b) A denial of an application for Tree Removal Permit may be appealed to
the Board of Adjustment.
(2) Application for Tree Removal Permit for Property Zoned Agriculture -Open
Space or Having an Agricultural Exemption for Taxation Purposes. No fee shall
be charged to make application for a Tree Removal Permit for the removal of
trees located on real property having an Agriculture -Open Space zoning district
classification, or having an agricultural exemption for taxation purposes. If,
within any twelve-month period, Tree Removal Permits for the removal of twenty
(20) or more trees are issued for the same Agriculture -Open Space zoning
property or tract, or any portion thereof, the Agriculture -Open Space zoning
Ci
ORDINANCE NO. 1445-8-96
district classification of said property cannot be changed, nor can an application
for zoning amendment relative to said property be made, during the twelve-
month period following the aforementioned twelve-month period during which
the twenty (20) or more trees were removed.
i
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duly sworn,
on oath deposes and says:
That she Is the General Manager of THE ALLEN AMERICAN, a
newspaper published In COLLIN COUNTY, TEXAS, not less frequently than
once a week, having a general circulation in said county, and having been
published regularly and continously for more than twelve (12) months
prior to publishing
Ordinance 1445-8-96
of which the attached is a true and written copy, and which was published
In THE ALLEN AMERICAN on
August 21 & August 24. 1996
and which was Issued on
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said publication Is attached hereto.
SUBSCRIBED AND PWORN to before me this
day A.D. 19_
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 5 2 . 2 6
F„ V. A. TODD
MY COMMISSION EXPIRES
December 5,1996
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen
City Council adopted the following
ordinance at their regular meeting held on
Thursday, August 15, 1996 (Title and!
Penalty Clause only):
Ordinance No. 1445-8-96: An
Or mance o th-e—City o en, ollin
County, Texas, Amending Ordinance No.
1425-5-96, Comprehensive Zoning
Ordinance, as Previously Amended, so as
to Amend Article 2, Section 2.09 Site Plan
Approval; Providing for Exhibit "A" and
Exhibit "B"; Providing for a Penalty of Fine
not to Exceed the Sum of Two Thousand
Dollars ($2,000); Providing for a
Severability Clause; and Providing for an
Effective Date.
That any person, firm or corporation
violating any of the provisions or terms of
this ordinance shall be subject to the
same penalty as provided for in Subdivi-
sion Ordinance No. 1237-4-94, as
previously amended, and upon conviction
shall be punished by a fine not to exceed
the sum of Two Thousand Dollars
($2,000) for each offense. o
A copy of this ordinance Inay be read
or purchased in the office of the City
Secretary, City of Allen, One Butler Circle,
Allen, Texas 75013.
/s/Judy Morrison
City Secretary
" CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen
`City Council adopted the following
ordinance at their regular meeting held on
'Thursday, August 15, 1996 (Title and
-Qenalty Clause only): '
Ordinance No. 1445-8-96: An
Or finance o th_e_City o en, -Collin
jCounty, Texas, Amending Ordinance No
1,J425-5-96, Comprehensive Zoning
nOrdinance, as Previously Amended, so as
*(o Amend Article 2, Section 2.09 Site Plan
Approval, Providing for Exhibit "A" and
Exhibit "B", Providing for a Penalty of Fine
,!riot to Exceed the Sum of Two Thousand
I -Dollars ($2,000); Providing for a
r$everability Clause; and Providing for an
,'Effective Date.
i That any person, firm or corporation
,violating any of the provisions or terms of
tPis ordinance shall be subject to the
,;same penalty as provided for in Subdivi-
Msion Ordinance No. 1237-4-94, as
;:previously amended, and upon conviction i
shall be punished by a fine not to.exceed
the sum of Two Thousand Dollars
.($2,000) for each offense.
hi
µ, A copy of this ordinance may be read
r purchased in the office of the City
ecretary, City of Allen, One Butler Circle,
Allen, Texas 75013.
i
/s/Judy Morrison I
�,;,, City Secretary