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
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Ordinance No. 2012 -23
Tree Preservation Ordinance Page 1
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�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.