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Ordinance 2012-23ORDINANCE NO. 2012 -23 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING ARTICLE VIII (PLANTING, MAINTAINING TREES, SHRUBS ON PUBLIC PROPERTY) OF CHAPTER 78 (PARKS AND RECREATION) OF THE CITY OF WYLIE CODE OF ORDINANCES; TO PROVIDE FOR THE CARE OF PUBLIC TREES AND SHRUBS WITHIN THE CITY OF WYLIE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ( "City Council ") recognizes that trees are necessary for the health and welfare of the City of Wylie, Texas ( "City ") by cooling the air, restoring oxygen to the atmosphere, reducing glare and noise levels, and reducing air and water pollution, and WHEREAS, the City Council recognizes that trees beautify our City, increase property values, and increase the economic vitality of the City; and WHEREAS, the City maintains trees and shrubs now existing or in the future planted on City owned, controlled or maintained property ( "Trees and Shrubs "); and WHEREAS, the City Council has investigated and determined that Trees and Shrubs should be preserved and maintained to provide for the beautification of the City; and WHEREAS, the City Council has determined that establishing a Tree Advisory Board with administrative responsibility for tree planting and maintenance will benefit the City's urban forestry practices; and WHEREAS, the City Council has investigated and determined that it is necessary and in the best interest of the City to adopt regulations related to the care and preservation of trees and shrubs on property owned, controlled and /or maintained by the City and adopt a Tree Advisory Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Chapter 78 (Parks and Recreation) by adopting Article VIII (Planting, Maintaining Trees, Shrubs on Public Property) to Wylie's Code of Ordinances. Article VIII (Planting, Maintaining Trees, Shrubs on Public Property) is hereby adopted and added to Chapter 78 (Parks and Recreation) to read as follows: Ordinance No. 2012 -23 Tree Preservation Ordinance Page 1 "ARTICLE VIII. PLANTING, MAINTAINING TREES, SHRUBS ON PUBLIC PROPERTY Sec. 78 -250. - Purpose The purpose of this ordinance is to provide the City with authority over the care of all trees, plants, and shrubs located within City owned, controlled and/or maintained property, public rights -of -way, parks and other public places, which will aid in the establishment of a municipal landscape program and will enhance the public health, safety, and beauty of the city. Sec. 78 -251. - Definitions The following words and phrases shall have the meanings ascribed unless the context clearly indicates otherwise: City means the City of Wylie, Texas. City Managed Property means public streets, alleys, rights -of way, parks, public places and other property owned, controlled and or maintained by the city. City _Manager means the city manager of the City of Wylie, Texas or his or her designee. Parkway means the area lying between the street right -of -way line of any public street and/or alley, and the curb line of the street and /or alley; or if there is no curb line, the paved portion of the street and/or alley. Generally, the parkway area is the area between the edge of the road /curb and the farthest edge of the sidewalk, so that the entire sidewalk is contained in the parkway area. Public Property means all streets, alleys, rights -of -way, parks, public places and other property owned, controlled and /or maintained by the City. Top or Topping means the non - standard practice of cutting back of limbs to stubs larger than three (3) inches in diameter within a tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Sec. 78 -252. - Grant of Authority; coordination with public works department a. The Public Services Director and/or his designee, hereinafter referred to as "Director," shall have authority over all trees and woody plants growing in or upon all City owned, controlled or maintained property, rights -of way, city parks, and other public property in the City, save for those trees which have been designated as protected by the Tree Advisory Board or the City Council. b. All City departments will coordinate as necessary with the Director and will provide services as required to assure compliance with this article as it relates to streets, Ordinance No. 2012 -23 Tree Preservation Ordinance Page 1 alleys, rights -of -way, drainage, easements and other public properties not under the direct jurisdiction of the Director. Sec. 78 -253. -Tree Advisory Board a. Board membership. The Tree Advisory Board shall consist of the members of the Parks and Recreation Board. b. Duties. The duties of the Tree Advisory Board shall include: i. To review the tree management plan, tree preservation and mitigation guidelines, and the tree care program as may be necessary; ii. To promote the protection of healthy trees and provide guidelines for the replacement and /or replanting of trees necessarily removed during construction, development, and redevelopment; iii. To uphold rules and regulations governing the protection and preservation of native or established trees within the City, which provide for purification of air and water, provide for shade, windbreaks and the cooling of air, provide for open space and more efficient drainage of land, thus reducing the effects on soil erosion; iv. To study, investigate, counsel and develop and/or update periodically a written plan for the care, preservation, pruning, planting, replanting, removal or disposal of public trees and shrubs on City property; V. To investigate and consult on updates to the City's recommended and prohibited tree lists, as maintained by the Planning and Zoning Department. vi. To review and recommend specific beautification projects and public awareness programs to the parks and recreation department, City Manager and /or City Council as may be appropriate; vii. To establish and maintain a list of protected trees in the City of Wylie, and make decisions regarding the maintenance of those trees when asked to do so by the Director. viii. Coordinating and promoting Arbor Day activities; and ix. Other duties that may be assigned by the City Council. Protected Tree List a. The Tree Advisory board may accept nominations from City Council, staff, management, or citizens for individual trees which shall be designated as protected in the City of Wylie b. The Tree Advisory Board shall maintain, or cause to be maintained, a list of all protected trees, and update that list as necessary. c. All trees with a caliper measurement of 16 inches or greater, taken four and one -half feet from the ground, shall immediately be considered protected under the terms of this ordinance. Trees identified as undesirable by the Tree Advisory Board or the Planning and Zoning Department may not be protected. d. The Tree Advisory Board may likewise remove individual trees from the Protected Trees List if those trees are determined to be undesirable specimens. Ordinance No. 2012 -23 Tree Preservation Ordinance Page 1 Sec. 78 -254. — Annual Arbor Day a. It is established that each year, Arbor Day shall be held in the City of Wylie, Texas. b. The Director shall plan and execute such celebrations or ceremonies as he or she deems appropriate each year. Sec. 78 -255. - Planting, Preserving, Maintaining, Removing, etc. on Public Property a. The Director shall have the authority to plant, preserve, spray, trim, cable or remove any tree, shrub or plant on any City- managed property, street, alley, public place or easement owned or controlled by the City. The Director is authorized to remove, or order removed and /or sprayed any tree, shrub or plant or any part thereof that is in an unsafe condition, is injurious to the common good or to sewer pipes, public utility lines, drainage facilities, pavements, improvements, or is infested and dangerous to other trees, shrubs or plant, that is located on City -owned or managed property. b. It is an offense for any person to plant or remove, or permit or cause to be planted or removed any tree, shrub or plant on or from, any public street, park or other City - managed property without the prior approval of the Director. The parkway area not managed by the City is the responsibility of the adjacent property owner, as described in Article 7 of the Zoning Ordinance No. 2001 -48, as amended. c. No tree, shrub or other landscaping shall interfere with the free passage of vehicles on a public street or alley, or of pedestrians on the sidewalk or obscure the view of motor vehicle operators of any traffic control device or street sign, visibility triangle, or otherwise create a traffic hazard and shall at all times comply with City rules, regulations and ordinances. d. City departments and authorized contractors of the City constructing and /or repairing streets, alleys, or other City utilities or facilities shall be exempt from this chapter upon City approval of construction plans and specifications identifying such construction, and notification of the Directors provided that Best Management Practices as promulgated by the International Society of Arboriculture, as amended, are utilized. e. In the case of trees which have been designated as "protected" by the Tree Advisory Board or City Council, the Director must receive consent from the Tree Advisory Board prior to beginning pruning or removal operations. In the case of an emergency, the City Manager may grant permission to remove a protected tree in whole or part, such as in a case where safety or property are threatened. Ordinance No. 2012 -23 Tree Preservation Ordinance Page 1 f. When the provisions of this ordinance overlap or conflict with the authority of the Planning and Zoning Ordinance, Article 7, the Parks Division and Planning Department shall confer and decide upon the best course of action. The terms of this ordinance are not intended to supersede the authority of the Planning and Zoning Ordinance of the City of Wylie. g. In cases of development or construction which impacts trees on public property, the provisions of the Planning and Zoning Ordinance, Article 7, Section 7.6 shall be followed. Sec. 78 -256. - Adjacent Landowner Responsibility a. The owner of land adjacent to any parkway, when acting within the provisions of this ordinance, may plant, remove, prune or spray trees in the parkway area. b. No property owner shall be permitted to allow a tree, or other plant growing on his or her property or within the parkway to: a. obstruct or interfere with the view of drivers of vehicles; b. place pedestrians on the sidewalk at risk for serious injury; or c. create a traffic hazard. Property owners must maintain a clear space of eight (8) feet above the surface of a sidewalk and thirteen (13) feet above the curb line of an adjacent street. In any event, no tree, shrub or other landscaping shall interfere with the free passage of vehicles on the street or of pedestrians on the sidewalk or obscure the view of motor vehicle operators of any traffic- control device or street sign, visibility triangle, or otherwise create a traffic hazard and shall at all times comply with city rules, regulations and ordinances. If an obstruction persists, the Director shall notify the property owner, in writing, to prune or remove the tree, shrub or plant within thirty (30) calendar days. If the owner fails to comply with the notice, the City may issue citations to the property owner for each day that the property owner continues to be in violation, and /or depending on the severity of the obstruction, the City may undertake the necessary work to remove the obstruction, without incurring liability c. Other than property owners described above, it shall be unlawful for any person to plant or set out any trees or woody plants, or cause or authorize any person to plant or set out any trees or woody plants in or on any parkway within the city without first obtaining written permission from the Director. Sec. 78 -257. - Breaking, Injuring, etc. Trees and Shrubs on Public Property Ordinance No. 2012 -23 Tree Preservation Ordinance Page 1 a. Except to remove, prune, trim or maintain trees, shrubs or landscaping as required above or as authorized by the Director in writing, it shall be an offense for any person, firm or corporation to cut or break any branch of any tree or shrub or injure in any way the bark of any tree or shrub on any public street, park or other city- managed property. It shall be an offense for any person, firm or corporation to permit, suffer or allow any injurious substance such as gas, salt, oil or other harmful substance to come in contact with any tree, shrub or plant on any public street, parkway area, park or other city property. b. It shall be an offense for any person, firm or corporation to attach any cable, wire, rope, sign or any other object to any tree, shrub or plant on any public street, park or other city- managed property without the prior written consent from the Director. c. It shall be unlawful for any person, firm, or City department to top any street tree, park tree, or other tree on public property. Trees severely damaged by storms or other causes, where best pruning practices are impractical, may be exempted from this requirement at the determination of the Director. d. The City may issue citations to persons, firms or corporations in violation with this subsection in accordance with this ordinance." SECTION 3: Savings /Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred and 00 /100 Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date. This Ordinance shall become effective immediately upon its passage and publication as required by law. PASSED AND APPROVED on the 14th day of August, 2012. Ordinance No. 2012 -23 Tree Preservation Ordinance Page 1 Cf, rl�� Hogue, Miyotj ATTEST: of Carole Ehrlich, Cit ecretary I OV t /E Dates) of Publication: August 22' 2012, Wylie News .0 R --AIL °1887° 9?4pg OF TES'' 595823 v.l Ordinance No. 2012 -23 Tree Preservation Ordinance Page 1 C6's. t'f )r 'crr �farmersbilienues Murphy "Llonitor • 'I lie Princeton Herald 1ai h. News • THE WYLIE NE'S'S STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Ordinances was published in said newspaper on the following dates, to -wit: August 22, 2012 4A Subscribed and sworn before me on this, the T to certify which witness my hand and seal of office. i Chad Engbrock, Publisher day of , 2012 Notary Public in and for The State of Texas My commission expires 3 { -(-3 kill rp I Iic Office -1 10 'N". Barll;trd • 1"0' Rm :369 • W'N - Iir, 'I\ 75098 • 97'2 412.551,5 • lav 97 ? --,12 -4') I 1'arnxtwrllc Princeton Office - 101 S. Main • PA). Box 512 •farmers iIIe,TX 75-442 • 972 78-1 6,li -. fax 972 782 70 3 4B Wednesday, August 22, 2012 ORDINANCE i NO. 2012-22 AN ORDINANC ANNEXING A CER- TAIN 2.208 ACRE TRACT OF LAND SITUATED IN THE JAMES TRU- ITT SURVEY, AB- STRACT NO. 920, COLLIN COUNTY, TEXAS AND BE- ING A PART OF A TRACT OF LAND CONVEYED TO EDWIN BOYCE AS RECORDED IN IN- STRUMENT FILE NO. 96- 0082407 OF THE DEED RE- CORDS OF COLLIN COUNTY, TEXAS, AND TO ESTAB- LISH PERMANENT ZONING OF SIN- GLE FAMILY 10/24 (SF- 10/24) DIS- TRICT; PROVIDING FOR A PENALTY FOR THE VIOLA- TION OF THIS OR- DINANCE; PRO- VIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PRO- VIDING A SEVER - ABILITY CLAUSE; AND PROVIDING FOR AN EFFEC- TIVE DATE. ORDINANCE NO. 2012-24 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDI- NANCE NO. 2007- 36 AND ARTICLE IV (SPEED), SECTION 110 -133 (SCHOOL ZONES), OF THE WYLIE CODE OF ORDINANCES, ESTABLISHING A SCHOOL ZONE FOR CERTAIN STREETS; ESTAB- LISHING PRIMA FACIE MAXIMUM SPEED LIMITS DURING SCHOOL HOURS IN SUCH ZONE; PROVID- ING FOR INSTAL- LATION OF SIGNS AND MARKINGS; REGULATING VE- HICULAR AND PE- DESTRIAN TRAF- FIC; PROVIDING FOR A PENALTY FOR THE VIOLA- TION OF . THIS ORDINANCE; PROVIDING FOR REPEALING, SAV- INGS AND SEVER - ABILITY CLAUSES; AND PROVIDING FOR AN EFFEC- TIVE DATE OF THIS ORDINANCE. ORDINANCE NO. 2012 -23 AN ORDINANCI OF THE CITY OI WYLIE, TEXAS ADOPTING ARTI CLE VIII (PLANT ING, MAINTAIN. ING TREES SHRUBS ON PUB LIC PROPERTY OF CHAPTER 7 8 (PARKS AND REC- REATION) OF CITY OF WYLI E CODE OF ORDI- NANCES; TO PRO- VIDE FOR CARE OF PUB- LIC TREES • AND SHRUBS WITHIN Y THE CITY OF W LIE; PROVIDING FOR A PENALTY FOR THE VIOLA- TION OF THIS OR- DINANCE; PRO- VIDING FOR SAVINGS AND SEVERABILITY CLAUSES; PRO- VIDING FOR AN EFFECTIVE DATE OF THIS ORDI- NANCE; AND PRO- VIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. ORDINANCE NO. 2012-25 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ES- TABLISHING THE THE MAXIMUM SPEED LIMITS ON COUN- TRY CLUB ROAD (FM 1378) PRO - THE CEEDING FROM FM 544 TO PARKER ROAD, WITH SUCH STREET BEING LOCATED IN THE CITY OF WYLIE, TEXAS, COLLIN COUNTY, TEXAS; PROVIDING FOR NOTIFICATION OF THE MAXIMUM SPEED LIMIT BY THE INSTALLA- TION OF SIGNS AND MARKERS TO REGULATE VE- HICULAR SPEED ON THE DESIG- NATED STREET; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAV INGS AND SEVER - ABILITY CLAUS- ES; PROVIDING FOR AN EFFEC- TIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICA- TION OF THE CAPI 'TION HEREOF.