[PAGE 1]
W.K. (Trey) Hoffman, Chairman Nathan Carroll
Anne-Marie McMichael, Vice Chair Brad Jones
Jarrad Bourger, Secretary Jerry Kent
Jim Autenreith Lucian Bukowski, Alternate
Notice is Hereby Given of a Regular Meeting of the Planning and Zoning Commission of
Spring Valley, Texas, 1025 Campbell Road, Spring Valley Village, Texas, in the Council
Chambers, February 10, 2026, beginning at 6:30 PM. For the Purpose of Considering and
Acting upon the Following Items of Business:
The meeting agenda and agenda packet are posted online at www.springvalleytx.com.
The video link to this meeting is https://us02web.zoom.us/j/82506257585
The public toll-free dial-in numbers to participate in the telephonic meeting are 1-346-248-7799
(Houston), 1-253-215-8782 (US), and 1-301-715-8592 (US); enter the Meeting ID: 825 0625
7585 and #.
The public will be permitted to offer public comments as provided by the agenda and as
permitted by the presiding officer during the meeting.
An audio recording of the meeting will be made and will be available to the public in accordance
with the Open Meetings Act upon written request.
1. CALL THE ROLL AND ANNOUNCE A QUORUM IS PRESENT
2. APPROVAL OF MEETING MINUTES
2.1 Minutes for Regular Called Planning and Zoning Meeting on December 9, 2025.
3. OLD BUSINESS
3.1 DISCUSSION CONCERNING: PROPOSED AMENDMENTS TO THE CITY OF
SPRING VALLEY VILLAGE CODE OF ORDINANCES; CHAPTER 3 BUILDING AND
CONSTRUCTION; ARTICLE 3.1000, BUILDING AND CONSTRUCTION, URBAN
FOREST PRESERVATION AND PROTECTION.
3.2 DISCUSSION CONCERNING: Possible Amendments to the City of Spring Valley
Village Code of Ordinances; Chapter 12, Planning and Zoning:
Section 05:02.03.08 maximum lot coverage regarding clarification on artificial turf
and allowable use.
4. ADJOURNMENT
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[PAGE 2]
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[PAGE 3]
Planning & Zoning Commission Meeting Minutes
City of Spring Valley Village
Tuesday, December 9, 2025
1. The Planning & Zoning Commission meeting was called to order by Chairman Trey
Hoffman at 6:48 p.m. in the Council Chambers of City Hall, 1025 Campbell Road,
Houston, Texas.
Planning & Zoning Members present at City Hall:
• Trey Hoffman, Chairman
• Brad Jones, member
• Nathan Carroll, member
• Jerry Kent, member
• Jarrad Bourger, secretary (arrived at 6:49 p.m.)
• Lucian Bukowski, alternate member (arrived at 6:57 p.m.)
A quorum was present.
City Officials present:
• Jasmin Torres, City Secretary
• Philip J. Boedeker, City Attorney
• Jose Gomez, Development Services Manager
2. APPROVAL OF MEETING MINUTES
2.1 Minutes for Regular Called Planning and Zoning Meeting on October 14, 2025
Jerry Kent made the motion to approve the minutes. Brad Jones seconded the
motion. The motion carried 4-0.
3. OLD BUSINESS
3.1 DISCUSSION CONCERNING: POSSIBLE AMENDMENTS TO THE CITY OF SPRING
VALLEY VILLAGE CODE OF ORDINANCES; CHAPTER 3 BUILDING AND CONSTRUCTION;
ARTICLE 3.1000, BUILDING AND CONSTRUCTION, URBAN FOREST PRESERVATION AND
PROTECTION.
The Commission continued discussion of the working draft of proposed revisions to the
tree preservation ordinance, prepared by Commissioner Brad Jones based on review of
ordinances from other cities (primarily Austin-area examples). Discussion focused on
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[PAGE 4]
definitions and thresholds for heritage trees, protected trees, and qualified trees,
including diameter measurements and eligible species.
Discussion addressed trimming, pruning, topping, lion tailing, and removal
requirements.
Discussion explored remedies including a dedicated tree fund for fees/penalties from
tree impacts or removals, tiered fee structures based on tree size and category, variance
processes, and uses of the fund for replanting in public spaces or potential matching
programs.
The Commission debated balancing preservation of significant trees and city canopy
with respect for private property rights and practical enforcement.
3.2 DISCUSSION CONCERNING: Possible Amendments to the City of Spring Valley
Village Code of Ordinances; Chapter 12, Planning and Zoning:
Section 05:02.03.08 maximum lot coverage regarding clarification on artificial turf and
allowable use.
The commission discussed whether properly installed artificial turf should count as
impervious cover.
4. ADJOURNMENT
Jarrad Bourger made a motion to adjourn. Brad Jones seconded the motion.
The motion carried unanimously. The meeting was adjourned at 10:15 p.m.
Signed: _____________________________________________________________
Trey Hoffman, Chairman
Attest: _____________________________________________________________
Jarrad Bourger, Secretary
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[PAGE 5]
Spring Valley Village Planning and
Zoning Commission
Agenda Item Data Sheet
MEETING DATE: February 10, 2026
SUBMITTING STAFF: Jose Gomez, Development Services Manager
SUBJECT: DISCUSSION CONCERNING: PROPOSED AMENDMENTS TO
THE CITY OF SPRING VALLEY VILLAGE CODE OF ORDINANCES;
CHAPTER 3 BUILDING AND CONSTRUCTION; ARTICLE 3.1000,
BUILDING AND CONSTRUCTION, URBAN FOREST
PRESERVATION AND PROTECTION.
BACKGROUND: On December 9, 2025, the Commission continued its discussion of
the proposed amendments to Chapter 3, Building and Construction,
Article 3.1000, Urban Forest Preservation and Protection.
• The Commission reviewed and considered the amendments
submitted by Commissioner Brad Jones.
• Following further deliberation, the Commission recommended
several revisions, including the following:
1. Establishment of a fee structure associated with the
removal of trees classified as protected, qualified,
and heritage, including proposed caliper-inch range
sizes to be incorporated into the updated definitions.
2. Creation of a Tree Fund was discussed to allow for
the planting of replacement trees at alternative
locations when on-site planting is determined to be
unfeasible.
Staff has provided a report detailing the last ten demolition permits or
new home permits issued. The report outlines trees that were
removed due to poor condition, based on a tree professional's
recommendation, as well as trees that were removed due to being
located within the approved construction footprint.
Attached is an updated draft ordinance to include:
• Updated definitions,
• Tree values reviewed,
• Removal of the requirement for a tree trimming permit,
• Nonconforming classification for developed lots not meeting
minimum tree requirements,
• Creation of a Tree Fund, and
• Updated the tree list to identify Heritage Tree species.
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[PAGE 6]
Cary M. Moran, a Consulting Forester, has reviewed the draft
ordinances and has provided her professional opinion on the
proposed amendments that have been attached for review.
ATTACHMENTS: ARTICLE_3.1000___URBAN_FOREST_PRESERVATION_AND_PROTECTION
- draft PZ edits_ (Clean Copy),
ARTICLE_3.1000___URBAN_FOREST_PRESERVATION_AND_PROTECTION
- PZ edits_ (Redline), Last 10 Tree Removals, Spring Valley Tree Ordiance
review Cary M
FUNDING:
Amount Account No. Additional Project No. Amount Account
Available Appropriation Budgeted Description
Required
RECOMMENDATION: No action is required at this time. This is a discussion item.
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[PAGE 7]
CHAPTER 3 - BUILDING & CONSTRUCTION
ARTICLE 3.1000 URBAN FOREST PRESERVATION AND PROTECTION
ARTICLE 3.1000 URBAN FOREST PRESERVATION AND PROTECTION1
0F
§ 3.1000 Purpose; Findings
(a) The purpose of this article is to preserve and enhance the urban forest of the city.
(b) The city council has determined that the urban forest is of great value in the maintenance of public health
and welfare. The urban forest can aid in the conservation of vital energy resources and natural resources and
in the preservation of the city's heritage and quality of life. Trees are a valuable amenity to the urban
environment, restoring oxygen to the atmosphere, reducing glare, reducing noise levels, providing an
ecological habitat for songbirds and other animal and plant species, providing for more effective transitions
between different land uses and breaking the monotony of urbanized development, pre-development, or
construction. The urban forest of the city should be preserved and enhanced, to the maximum extent
feasible, consistent with the property rights of its citizens.
(Ordinance 2017-06 adopted 2-28-17)
§ 3.1001 Definitions
As used in this article, the following terms shall have the meaning given below.
Building Permit shall mean any building or construction permit issued by the City of Spring Valley, Texas, for
the construction, erection, or exterior alteration of any residential or commercial building, structure, or
improvement.
Certified Forester shall mean a forester certified by the Society of American Foresters.
Arborist shall mean an arborist approved by the American Society of Consulting Arborists
Circumference or Diameter of a Tree shall mean circumference or diameter measured at a point on the tree
four and one-half feet (4½′) above the surrounding ground level. The equivalent tree circumference or diameter
may be used for measurement purposes. Tree diameter in inches × 3.14 = tree circumference in inches. (For
example: ten inches (10″) diameter × 3.14 = 31.4 circumference).
To measure a tree which forks at or below four and one-half feet (4½′), only the circumference or diameter of the
larger trunk will be measured.
Critical Root Zone shall mean, for any given tree, the area within a circle centered on the trunk location. The
circle's diameter is one-half (½) the sum of the broadest and narrowest dripline diameters.
Landscape or Tree Professional. As defined by certification either by a state agency or by a recognized trade
association or alternatively by ten (10) or more years of proven continuous experience in the planting, care, and
maintenance of trees.
1Editor's note(s)—Ord. No. 2017-06, § 2, adopted February 28, 2017, amended article 3.1000 in its entirety to read
as herein set out. Former article 3.1000, §§ 3.1000—3.1011, exh. A, pertained to tree survey required as part
of building permit application. See Ordinance Disposition Table for complete derivation.
Spring Valley Village, Texas, Code of Ordinances Created: 2025-05-15 15:53:57 [EST]
(Supp. No. 59)
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Heritage Tree shall mean a certain type of tree from the Heritage Tree List of more than thirty-six (36) inches
in diameter or greater, as measured 4.5 feet from the ground.
Protected Tree shall mean a tree of thirty (30) inches in diameter, as measured 4.5 feet from the ground and
is one of the species on the Protected Tree List.
Qualified Tree shall mean a tree which is included on the city's approved planting list and has a diameter of
at least twenty inches (20″).
Right-of-Way Area shall mean and area in the right-of-way of a street.
Structure shall mean that which is built or constructed, an edifice or building of any kind, or any piece of
work artificially built up or composed of parts jointed together in some definite manner.
Subject Site shall mean (1) the building site, or other site, upon which construction activity is to occur, and (2)
the right-of-way area for that site.
Topping shall mean the practice of removing the top of a central stem, or leader, on a tree and the upper
main branches. It damages the health and structural stability of the tree.
Tree shall mean a long-lived, branching, woody plant, usually with one (1) main stem, which may attain a
height of fifty feet (50′) or more.
Tree Fund shall mean the fund created pursuant to section 3.1008 of this article.
Tree Survey shall mean an on-the-ground survey containing the location of trees, their circumferences, types
(species), crown areas (dripline) and other data to accurately describe existing and proposed trees.
Understory Tree shall mean a long-lived, branching, woody plant, which usually obtains a height less than
thirty feet (30′).
(Ordinance 2017-06 adopted 2-28-17)
§ 3.1002 Tree Survey Required; Exception; Tree Protection Plan Required
Prior to the issuance of any building permit, a tree survey shall be submitted concurrent with, and shall be
approved as a part of, the application for a building permit.
(1) Exceptions. A tree survey is not required as a part of the application for a building permit in the
following circumstances only:
(A) For a minor or small construction project for which the applicant certifies as true by signature
that "No tree ten inches (10″) or larger in diameter (thirty-one and four-tenths inches (31.4″) or
larger in circumference) will be removed or destroyed in connection with the construction of the
improvements covered by this building permit application;" and provided, however, the tree
protection plan required by this article in the following section shall be required.
(B) For a non-residential planned area development ("PAD") in the city's PAD zoning district which as
approved by city council includes tree and landscaping plans (an "approved, non-residential
PAD"); provided, however, the tree protection plan required by this article in the following
section shall be required.
(2) Components of the Tree Survey. The tree survey shall be accurate and shall be prepared by a person
with expertise to prepare such a document: for example, an architect, engineer, landscape or tree
professional, or surveyor. The tree survey shall include and contain as a minimum the following
information.
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(Supp. No. 59)
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(A) The actual location (i.e. trunk location) of each tree on the subject lot or tract which is ten inches
(10″) in diameter (thirty-one and four-tenths inches (31.4″) in circumference) or larger,
identifying those which are to be removed or destroyed as a result of the building permit being
requested.
(B) Outlines of existing and proposed buildings or structure, including driveways, parking areas or
other paved surfaces, pools, spas, fences, irrigation systems, utilities, drainage, and other
improvements and structural features to be constructed.
(C) The tree survey shall be accompanied by a tree protection plan, as set out in the following
section.
(D) The tree survey shall contain a scale, north arrow, name, address, and profession or occupation
of the person who prepared it, and the name of the site owner and/or homebuilder/developer.
The tree survey shall also identify the development and provide a description of the subject
property and its location. The tree survey shall also depict (a) every qualified tree in the subject
site, and (b) every qualified tree located elsewhere which has thirty percent (30%) or more of its
critical root zone in the subject site.
(Ordinance 2017-06 adopted 2-28-17)
§ 3.1003 Tree Protection Plan
The tree survey shall be accompanied by a "tree protection plan" which shall be prepared by a landscape or
tree professional.
The tree protection plan shall indicate how all trees ten inches (10″) in diameter (thirty-one and four-tenths
inches (31.4″) in circumference) or larger, which are identified by the tree survey, shall be protected, according to
the following minimum requirements.
(1) Basic Tree Protection. During construction each tree or group of trees ten inches (10″) in diameter
(thirty-one and four-tenths inches (31.4″) in circumference) or larger shall be completely enclosed
within six feet (6′) or higher chain link fence, with lateral supports spaced no more than eight feet (8′)
apart, located outside the drip line of all trees. Each such fence shall have a sign affixed to it as shown
on exhibit "C" attached hereto. Such sign shall be weatherproof and affixed securely to the fence such
that the sign can be read from the street. The minimum drip line for this purpose is one foot (1′) of
radial distance from the base of the tree for every inch of tree diameter unless construction of
improvements is to occur within this drip line area. In that event, the tree protection fence shall
enclose the balance of the drip line or construction area, the area upon which construction activities
will take place, must be protected with a wooden grid constructed of two inches (2") by six inches (6")
lumber fastened both horizontally and vertically by wood screws on eighteen inches (18") centers on
top of a four-inch (4") to six-inch (6") layer of organic mulch.
(2) Tree Protection from Concrete Construction. During construction of concrete improvements to be
constructed within the drip line of a tree, in addition to the basic tree protection required by the
preceding subsection, the following additional minimum protection measures must be implemented.
(A) Plans for feeding, watering, pruning of limbs or roots, and drainage must be prepared and
submitted. The plan must be approved by a landscape or tree professional who is retained by the
applicant.
(B) Forced feeding and watering to assist in tree survival must be done on a schedule recommended
in the Tree Protection Plan.
Created: 2025-05-15 15:53:57 [EST]
(Supp. No. 59)
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(C) A plastic vapor barrier must be installed beneath all concrete construction within the drip line of
a tree.
(D) Recommended or necessary pruning of limbs or roots must be performed according to the tree
protection plan. Pruning of limbs or roots must be accomplished at least two (2) weeks prior to
the construction in the drip line, if more than twenty percent (20%) of the construction is within
the drip line; unless a landscape or tree professional approved by the city approves of provisions
for an alternative plan to protect the tree or trees. No roots larger than one inch (1") in diameter
shall be cut.
(3) It shall be unlawful to pour or dispose of waste concrete, lime, paint, paint thinner, chemicals or other
soil contaminants, or place any building or construction materials or topsoil.
(4) Drainage Affecting Trees. In the event construction causes or results in standing water or wet soil
conditions which are harmful to the species of trees present, drainage must be provided for in the tree
protection plan to prevent suffocation and/or root rot of the tree.
(5) Physical Damage to be Prevented. In connection with construction activities, no person shall damage
any tree trunk or limb with any equipment, or by nailing or bolting into the tree, or by attachment of
guy wires or cables. In the event that an existing tree is damaged more than twenty-five percent (25%),
the damaged tree shall be replaced with an approved tree not less than three inches (3") in diameter
(9.42" in circumference).
(6) Fill Placed Within a Tree Drip Line. No fill dirt, soil, or sand, is permitted in excess of two inches (2″)
under any tree drip line except within the footprint or area of the building or structure constructed.
(Ordinance 2017-06 adopted 2-28-17)
§3.1004 Tree Removal Permit Required
(1) All tree removals must go through a permit process. This is to determine the species, Protected Tree,
Qualified Tree or Heritage Tree status, or if there is a public hazard or nuisance.
(2) Removal of Protected Trees should be avoided. In the case of bug infestation or disease, treatments should
be pursued before removal if possible. Protected trees should be replaced following the procedures
outlined in section 3.1009.
(3) Removal of a Heritage Tree is highly discouraged. Heritage Trees shall be replaced following the procedures
outlined in Section 3.1009.
(4) Removal of a Qualified Tree is highly discouraged. Qualified Trees shall be replaced following the procedures
outlined in Section 3.1009
(5) Residents are highly encouraged to use a licensed and insured tree care professional for all removals as
they can pose a serious risk to life and property.
(6) All fees assessed under this section shall be paid into the Tree Fund.
a) Exception
(1) As a result of storm or fire, a person may, without a permit, remove such storm or fire damaged tree
that is an imminent hazard to life or property if the tree is removed within seven days of being
damaged by the event.
Created: 2025-05-15 15:53:57 [EST]
(Supp. No. 59)
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a. Photos of the damaged tree and a written explanation showing the imminent hazard will be
provided to the City within 5 days of the event.
b. If imminent hazard is not shown to have exited, the City may impose fines or fees for the removal
of said damaged tree without having first obtained a permit.
c. The City Manager or their designee may extend these deadlines for widespread and extensive
storm damage.
d. This exception is extended to cover Protected, Qualified and Heritage Trees should a storm
damage them significantly and it poses a serious immediate hazard to person or property. No fee
will be assessed nor replacement required for trees that have been damaged in a natural event
or fire for which full removal is suggested or required. If such tree is designated as Protected,
Qualified or Heritage and was removed, and it is determined that full removal was not necessary
by City Official and a certified arborist, then the appropriate replacement costs will be imposed.
(2) Any tree that is dead or in an advanced stage of disease may be removed without a permit.
§3.1005 Minimum Tree Requirement for Each Lot
(1) Tree Requirement for Each Loot:
a. All lots between nine thousand square feet (9,000) and fifteen thousand square feet (15,000) that are
not radial or cul-de-sac lots shall be required to have five (5) approved trees, each with a minimum of
three inches (3") in diameter (9.42" in circumference), with two (2) of such trees located in the front
yard.
b. Any lot which is less than nine thousand square feet (9,000) and is not a radial or cul-de-sac lot shall
be required to have four (4) approved trees, each with a minimum of three inches (3") in diameter
(9.42" in circumference), with two (2) of such trees located in the front yard.
c. Any cul-de-sac or radial lot shall be required to have four (4) approved trees, each with a minimum of
three inches (3") in diameter (9.42" in circumference), with one (1) of such trees located in the front
yard.
d. All lots larger than fifteen thousand square feet (15,000) that are not radial or cul-de-sac lots shall be
required to have six (6) approved trees, each with a minimum of three inches (3") in diameter (9.42"
in circumference), with two (2) of such trees located in the front yard.
All trees shall be planted a minimum of ten feet (10') from other trees. In the event that, in the written
opinion of a landscape or tree professional, the topography or natural condition of the site, or the location of
permitted structures and other improvements to the site, it is not reasonably possible to plant and maintain
an otherwise required tree, an understory tree from the approved understory tree list attached hereto and
made a part hereof as exhibit "B" may be planted in its place.
(2) It is the intent of this ordinance to promote the retention of Qualified trees, Heritage trees and Protected
trees. Accordingly, an owner, or homebuilder, developer, shall be given credit for retaining qualified trees
and protected trees as follows:
(a) Each qualified tree shall count as two (2) trees for purposes of determining the number of trees
required on a lot; and
(b) Each protected tree shall count as three (3) trees for purposes of determining the number of trees
required on a lot.
Created: 2025-05-15 15:53:57 [EST]
(Supp. No. 59)
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[PAGE 12]
( C) Each heritage tree shall count as three (4) trees for purposes of determining the number of trees
required on a lot.
(3) Each qualified tree or protected tree for which the owner and/or homebuilder/developer is given credit
pursuant to this subsection shall remain healthy and living for a period of three (3) years following
construction. Should such qualified tree or protected tree not survive for that period, the minimum tree
requirements shall be recalculated without the provided tree credits and the owner and/or
homebuilder/developer shall comply with the requirements of this section without consideration of the
credit(s) for the qualified tree(s) or protected tree(s).
(4) If a lot is determined to have below the minimum required trees, that lot shall be considered nonconforming
for purposes of this ordinance. At such time a building permit is pulled for said nonconforming lot that
involves a new build or a remodel that expands the square footage of either the primary or ancillary
structure, that lot must return to conformity with this Section.
§ 3.1006 Timing
Each tree planting required by this article shall be completed within thirty (30) days or, if the season or
weather are such that a successful planting is unlikely, no later than the following January after the completion of
the improvements, as reflected in the building permit application. In the case of postponed plantings, later than
thirty (30) days, tree deposits equivalent to five hundred dollars ($500.00) per tree shall be made to city to assure
performance.
(Ordinance 2017-06 adopted 2-28-17)
§ 3.1007 Destruction or Damage to Trees on Public Property
Nothing in this article shall prevent the City of Spring Valley or any public utility from performing necessary
maintenance and repair activities which may affect trees located on or over public property or utility easements.
§ 3.1008 TREE FUND
(1) A fund is hereby created in which any/all permit fees, penalties, and fee-in-lieu paid to the City pursuant to
the mandates of this article shall be deposited.
(2) The assets of the fund shall only be expended to purchase and plant new trees, plants, or landscaping in
public parks, parkways, medians, and rights-of-way of public streets and upon the grounds of other public property
of the City. Planting costs payable from the fund include the installation of related irrigation equipment and other
measures necessary to protect and subsequent maintenance following planting. An amount not to exceed 20
percent of the fund balance at the beginning of each fiscal year may be expended to promote public awareness of
the objectives of this article, including Earth Day, or Arbor Day programs for the distribution of sapling trees to the
general public.
(3) The assets of the fund may be expended to hire or contract with a Certified Forester, landscape architect,
or Arborist to help with enforcement, inspections and reviews as well as to promote public awareness of the
objectives of this article and may be used for necessary expenses, equipment, or contractual obligations related to
the enforcement of this article.
§ 3.1009 PROTECTED, QUALIFIED, AND HERITAGE TREES
(1) Protected Trees.
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(Supp. No. 59)
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[PAGE 13]
(A) Trees designated as Protected Trees under this article are considered to be highly desirable, and
private landowners and developers are encouraged to preserve these trees through proper care and
maintenance.
(B) An Arborist is recommended but not required for trimming on protected trees except all Oak
species. Protected size trees of the Oak species will require an Arborist for trimming.
(C) If removal of a protected tree is desired, then the landowner or responsible party of existing lots
and/or new development must request a permit for removal and they must provide replacement tree at a
ratio of 1:1, or Fee-in-lieu may be paid to the City Tree Fund in the amount equal to the cost of nursery
stock required to replace the diameter amounts lost and the cost of installation on a per unit basis, at a cost
of $450.00 per diameter inch lost Trees within the construction footprint will be assessed at fifty percent
of the total fee.
(D) Homeowners may offset costs by 100 percent with a tree replacement, non-resident developers
may offset costs by 50 percent with a tree replacement but are subject to pay the remaining fee, and
commercial developers allowed 40 percent offset with planting and then are subject to pay the remaining
fees.
(2) Heritage Trees
(A) Trees designated as Heritage Trees under this article are considered to be extremely desirable to
the City and its residents and are to be trimmed or removed only under the highest scrutiny.
(B) An Arborist is required for all trimming on Heritage Trees.
(C) Property owners, residents, and developers who wish to remove a Heritage Tree must, through
the Permit Process, show that there is no other reasonable alternative. Placement of a desired
structure is not considered to be reason enough to remove a Heritage Tree.
(D) If a removal granted, a replacement must be provided at a ratio of 1:1, or Fee-in-lieu may be paid
to the City Tree Fund in the amount equal to the cost of nursery stock required to replace the diameter
amounts lost and the cost of installation on a per unit basis, at a cost of $500.00 per diameter inch lost
Trees within the construction footprint will be assessed at fifty percent of the total fee.
(E) Homeowners may offset costs by 100 percent with a tree replacement, non-resident developers
may offset costs by 50 percent with a tree replacement but are subject to pay the remaining fee, and
commercial developers allowed 40 percent offset with planting and then are subject to pay the remaining
fees.
(3) Qualified Trees.
(A) Trees designated as Qualified Trees under this article are considered to be highly desirable, and
private landowners and developers are encouraged to preserve these trees through proper care and
maintenance.
(B) An Arborist is recommended but not required for trimming on qualified trees except all Oak
species. Qualified size trees of the Oak species will require an Arborist for trimming.
(C) If removal of a Qualified tree is desired, then the landowner or responsible party of existing lots
and/or new development must request a permit for removal and they must provide replacement tree at a
ratio of 1:1, or fees-in-lieu may be paid to the City Tree Fund in the amount equal to the cost of nursery
stock required to replace the diameter amounts lost and the cost of installation on a per unit basis, at a cost
of $450.00 per diameter inch lost. Trees within the construction footprint will be assessed at fifty percent
of the total fee.
(D) Homeowners may offset costs by 100 percent with a tree replacement, non-resident developers
may offset costs by 50 percent with a tree replacement but are subject to pay the remaining fee, and
Created: 2025-05-15 15:53:57 [EST]
(Supp. No. 59)
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[PAGE 14]
commercial developers allowed 40 percent offset with planting and then are subject to pay the remaining
fees.
(4)
§ 3.1010 Penalty
(1) Any person, firm, partnership, association, corporation, company, or organization of any kind who or
which intentionally, knowingly, recklessly, or with criminal negligence violates any of the provisions of this article
shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall, in addition to any other fines
allowed under this article, be fined in accordance with the general penalty provision found in Section 1.106 of this
code. Each day during which such violation shall exist or occur shall constitute a separate offense.
(2) The owner or owners of any property or of premises where any violation of this article shall occur, and
any agent, contractor, builder, architect, person, association, organization, or corporation who shall assist in the
commission of such offense shall be guilty of a separate offense, and, upon conviction thereof, shall be punished as
above provided.
(3) All penalties and fines assessed under this article shall be paid into the Tree Fund.
(4) Compliance. Violators of this section will be required to come into compliance within 60 days, unless a
variance has been approved by the City. Compliance with this article may be grounds for withholding of other
related pending permits for the project by the City.
(5) Enforcement. The City shall have the power to administer and enforce the provisions of this article as may
be required by governing law. Any person violating any provision of this article is subject to a stop work order, suit
for injunctive relief, and/or prosecution for criminal violations. Any violation of this article is hereby declared to be
a nuisance. Any violation of this article may serve as grounds to withhold or delay issuance of other permits and
revocation of a certificate of occupancy.
(6) Civil remedies. Nothing in this article shall be construed as a waiver of the City's right to bring a civil action
to enforce the provisions of this article and to seek remedies as allowed by law, including but not limited to the
following:
(A) Injunctive relief. Injunctive relief to prevent specific conduct that violates this article or to require
specific conduct that is necessary for compliance with this article;
(B) Civil penalty. A civil penalty up to $500.00 a day to be deposited in the City Tree Fund, when it is
shown that the defendant was notified of the provisions of this article and after receiving notice committed acts in
violation of this article or failed to take action necessary for compliance with this article, and other available relief;
and
(C) Stop work order. In the event work is not being performed in accordance with this article, the
City shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the
project as long as a stop work order is in effect.
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[PAGE 15]
Exhibit A
Approved Tree List
Species Common Name Botanical Name
Ash Green Ash Fraxinus pennsylvanica
White Ash Fraxinus Americana
Birch River Birch Betula nigra
Cedar Eastern Red Cedar Juniperus virginiana
Cypress Bald Cypress Taxodium distichum
Montezuma Cypress Taxodium mucranutum
Elm American Elm Ulmus Americana H
Cedar Elm Ulmus crassifolia
Lacebark Elm Ulmus parvifolia
Winged Elm Ulmus alata
Hickory Hickory species Carya varieties
Magnolia Southern Magnolia Magnolia grandiflora H
Maple Drummond Red maple Acer rubrum var. drummondii
Trident Maple Acer buergerianum
Oak Bur Oak Quercus macrocarpa H
Chiquapin Oak Quercus muehlenbergii
Durrand Oak Quercus durrandii
Laurel Oak Quercus laurifolia
Live oak Quercus virginiana H
Mexican White Oak Quercus polymorpha
Nutall Oak Quercus nuttallii
Overcup Oak Quercus lyrata
Post Oak Quercus stellata
Shumard Oak Quercus shumardii
Swamp Chestnut Oak Quercus michauxii
Water Oak Quercus nigra
White Oak Quercus alba
Pine Tree Loblolly Pine Pinus taeda
Longleaf Pine Pinus palustrus
Pistache Chinese Pistache Pistacia chinenesis
Sweet Gum American Sweet Gum Liquidambar styraciflua
Sycamore American Sycamore Platanus occidentalis H
Mexican Sycamore Platanus mexicana
Walnut Black Walnut Juglans nigra
Others Anacua Ehertia anacua
Basswood Tilia Americana
Black Tupelo Nyssa aquatic
Gum Bumelia Bumelia lanuginose
Red Bay Persea borbonia
H = Heritage Tree Indicator
Exhibit B
Approved Understory Tree List
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[PAGE 16]
Fringe Tree Chinese Fringe Tree Chionanthus retusus
Fringe Tree Chionanthus spp
Hawthorn Parsley Hawthorn Crateagus marshallii
Holly American Holly (tree form) Ilex opaca
Dahoon Holly Ilex cassine
East Palatka Holly Ilex x attenuata "East Palatka"
Possumhaw Holly Ilex decidua
Savannah Holly Ilex x attenuata "Savannah"
Laurel Cherry Laurel Prunus caroliniana
Mexican Plum Prunus Mexicana
Texas Mountain Laurel Sophora secundiflora
Magnolia Little Gem Magnolia Magnolia grandiflora 'Little Gem'
Saucer Magnolia Magnolia x soulangiana
Sweet Bay Magnolia virginiana
Maple Chalk Maple Acer leucoderme
Pistache Texas Pistache Pistacia texana
Redbud Redbud Cercis canadensis
Viburnum Rusty Black-Haw Viburnum rufidulum
Others Hophornbeam Carpinus caroliniana
Flameleaf Sumac Rhus spp
Mexican Buckeye Ungradia speciosa
(Ordinance 2017-06 adopted 2-28-17; Ordinance 2020-16 adopted 4-28-20)
EXHIBIT C
TREE PROTECTION FENCING
Required by Code of Ordinances
City of Spring Valley Village
DO NOT REMOVE!
FINE: $100 OR MORE, JOB MAY BE SHUTDOWN, FOR PERMISSION FOR TEMPORARY REMOVAL CALL (713) 465-
8308. TO REPORT VIOLATIONS, CALL (713) 465-8308.
CERCAS PARA PROTECCION de ARBOLES
Requerido por Código de Ordenanzas
POR FAVOR NO RETIRE EL LETRERO
MULTA DE: $100 O MÁS, TRABAJO PUEDE SER TERMINADO, PARA PERMISO PARA REMOCION TEMPORAL LLAME:
(713) 465-8308. PARA DENUNCIAR UNA INFRACCION LLAME: (713) 465-8308.
(Ordinance 2017-06 adopted 2-28-17)
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[PAGE 17]
CHAPTER 3 - BUILDING & CONSTRUCTION
ARTICLE 3.1000 URBAN FOREST PRESERVATION AND PROTECTION
ARTICLE 3.1000 URBAN FOREST PRESERVATION AND PROTECTION1
§ 3.1000 Purpose; Findings
(a) The purpose of this article is to preserve and enhance the urban forest of the city.
(b) The city council has determined that the urban forest is of great value in the maintenance of public health
and welfare. The urban forest can aid in the conservation of vital energy resources and natural resources and
in the preservation of the city's heritage and quality of life. Trees are a valuable amenity to the urban
environment, restoring oxygen to the atmosphere, reducing glare, reducing noise levels, providing an
ecological habitat for songbirds and other animal and plant species, providing for more effective transitions
between different land uses and breaking the monotony of urbanized development, pre-development, or
construction. The urban forest of the city should be preserved and enhanced, to the maximum extent
feasible, consistent with the property rights of its citizens.
(Ordinance 2017-06 adopted 2-28-17)
§ 3.1001 Definitions
As used in this article, the following terms shall have the meaning given below.
Building Permit shall mean any building or construction permit issued by the City of Spring Valley, Texas, for
the construction, erection, or exterior alteration of any residential or commercial building, structure, or
improvement.
Certified Forester shall mean a forester certified by the Society of American Foresters.
Arborist shall mean an arborist approved by the American Society of Consulting Arborists
Circumference or Diameter of a Tree shall mean circumference or diameter measured at a point on the tree
four and one-half feet (4½′) above the surrounding ground level. The equivalent tree circumference or diameter
may be used for measurement purposes. Tree diameter in inches × 3.14 = tree circumference in inches. (For
example: ten inches (10″) diameter × 3.14 = 31.4 circumference).
To measure a tree which forks at or below four and one-half feet (4½′), only the circumference or diameter of the
larger trunk will be measured.
Critical Root Zone shall mean, for any given tree, the area within a circle centered on the trunk location. The
circle's diameter is one-half (½) the sum of the broadest and narrowest dripline diameters.
Landscape or Tree Professional. As defined by certification either by a state agency or by a recognized trade
association or alternatively by ten (10) or more years of proven continuous experience in the planting, care, and
maintenance of trees.
1Editor's note(s)—Ord. No. 2017-06, § 2, adopted February 28, 2017, amended article 3.1000 in its entirety to read
as herein set out. Former article 3.1000, §§ 3.1000—3.1011, exh. A, pertained to tree survey required as part
of building permit application. See Ordinance Disposition Table for complete derivation.
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[PAGE 18]
Heritage Tree shall mean a certain type of tree from the Heritage Tree List of more than twenty-fourthirty-six
(36) inches in diameter or greater, as measured 4.5 feet from the ground.
Protected Tree shall mean a tree of between nineteen (19) and twenty-fourthirty (30) inches in diameter, as
measured 4.5 feet from the ground and is one of the following species:.shall mean a tree which is included on the
city's approved planting list and has a diameter of at least thirty inches (30″).species on the Protected Tree List.
Qualified Tree shall mean a tree which is included on the city's approved planting list and has a diameter of
at least twenty inches (20″).
Right-of-Way Area shall mean and area in the right-of-way of a street.
Structure shall mean that which is built or constructed, an edifice or building of any kind, or any piece of
work artificially built up or composed of parts jointed together in some definite manner.
Subject Site shall mean (1) the building site, or other site, upon which construction activity is to occur, and (2)
the right-of-way area for that site.
Topping shall mean the practice of removing the top of a central stem, or leader, on a tree and the upper
main branches. It damages the health and structural stability of the tree.
Tree shall mean a long-lived, branching, woody plant, usually with one (1) main stem, which may attain a
height of fifty feet (50′) or more.
Tree Fund shall mean the fund created pursuant to section 3.1008 of this article.
Tree Survey shall mean an on-the-ground survey containing the location of trees, their circumferences, types
(species), crown areas (dripline) and other data to accurately describe existing and proposed trees.
Understory Tree shall mean a long-lived, branching, woody plant, which usually obtains a height less than
thirty feet (30′).
(Ordinance 2017-06 adopted 2-28-17)
§ 3.1002 Tree Survey Required; Exception; Tree Protection Plan Required
Prior to the issuance of any building permit, a tree survey shall be submitted concurrent with, and shall be
approved as a part of, the application for a building permit.
(1) Exceptions. A tree survey is not required as a part of the application for a building permit in the
following circumstances only:
(A) For a minor or small construction project for which the applicant certifies as true by signature
that "No tree ten inches (10″) or larger in diameter (thirty-one and four-tenths inches (31.4″) or
larger in circumference) will be removed or destroyed in connection with the construction of the
improvements covered by this building permit application;" and provided, however, the tree
protection plan required by this article in the following section shall be required.
(B) For a non-residential planned area development ("PAD") in the city's PAD zoning district which as
approved by city council includes tree and landscaping plans (an "approved, non-residential
PAD"); provided, however, the tree protection plan required by this article in the following
section shall be required.
(2) Components of the Tree Survey. The tree survey shall be accurate and shall be prepared by a person
with expertise to prepare such a document: for example, an architect, engineer, landscape or tree
professional, or surveyor. The tree survey shall include and contain as a minimum the following
information.
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[PAGE 19]
(A) The actual location (i.e. trunk location) of each tree on the subject lot or tract which is ten inches
(10″) in diameter (thirty-one and four-tenths inches (31.4″) in circumference) or larger,
identifying those which are to be removed or destroyed as a result of the building permit being
requested.
(B) Outlines of existing and proposed buildings or structure, including driveways, parking areas or
other paved surfaces, pools, spas, fences, irrigation systems, utilities, drainage, and other
improvements and structural features to be constructed.
(C) The tree survey shall be accompanied by a tree protection plan, as set out in the following
section.
(D) The tree survey shall contain a scale, north arrow, name, address, and profession or occupation
of the person who prepared it, and the name of the site owner and/or homebuilder/developer.
The tree survey shall also identify the development and provide a description of the subject
property and its location. The tree survey shall also depict (a) every qualified tree in the subject
site, and (b) every qualified tree located elsewhere which has thirty percent (30%) or more of its
critical root zone in the subject site.
(Ordinance 2017-06 adopted 2-28-17)
§ 3.1003 Tree Protection Plan
The tree survey shall be accompanied by a "tree protection plan" which shall be prepared by a landscape or
tree professional.
The tree protection plan shall indicate how all trees ten inches (10″) in diameter (thirty-one and four-tenths
inches (31.4″) in circumference) or larger, which are identified by the tree survey, shall be protected, according to
the following minimum requirements.
(1) Basic Tree Protection. During construction each tree or group of trees ten inches (10″) in diameter
(thirty-one and four-tenths inches (31.4″) in circumference) or larger shall be completely enclosed
within six feet (6′) or higher chain link fence, with lateral supports spaced no more than eight feet (8′)
apart, located outside the drip line of all trees. Each such fence shall have a sign affixed to it as shown
on exhibit "C" attached hereto. Such sign shall be weatherproof and affixed securely to the fence such
that the sign can be read from the street. The minimum drip line for this purpose is one foot (1′) of
radial distance from the base of the tree for every inch of tree diameter unless construction of
improvements is to occur within this drip line area. In that event, the tree protection fence shall
enclose the balance of the drip line or construction area, the area upon which construction activities
will take place, must be protected with a wooden grid constructed of two inches (2") by six inches (6")
lumber fastened both horizontally and vertically by wood screws on eighteen inches (18") centers on
top of a four-inch (4") to six-inch (6") layer of organic mulch.
(2) Tree Protection from Concrete Construction. During construction of concrete improvements to be
constructed within the drip line of a tree, in addition to the basic tree protection required by the
preceding subsection, the following additional minimum protection measures must be implemented.
(A) Plans for feeding, watering, pruning of limbs or roots, and drainage must be prepared and
submitted. The plan must be approved by a landscape or tree professional who is retained by the
applicant.
(B) Forced feeding and watering to assist in tree survival must be done on a schedule recommended
in the Tree Protection Plan.
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[PAGE 20]
(C) A plastic vapor barrier must be installed beneath all concrete construction within the drip line of
a tree.
(D) Recommended or necessary pruning of limbs or roots must be performed according to the tree
protection plan. Pruning of limbs or roots must be accomplished at least two (2) weeks prior to
the construction in the drip line, if more than twenty percent (20%) of the construction is within
the drip line; unless a landscape or tree professional approved by the city approves of provisions
for an alternative plan to protect the tree or trees. No roots larger than one inch (1") in diameter
shall be cut.
(3) It shall be unlawful to pour or dispose of waste concrete, lime, paint, paint thinner, chemicals or other
soil contaminants, or place any building or construction materials or topsoil.
(4) Drainage Affecting Trees. In the event construction causes or results in standing water or wet soil
conditions which are harmful to the species of trees present, drainage must be provided for in the tree
protection plan to prevent suffocation and/or root rot of the tree.
(5) Physical Damage to be Prevented. In connection with construction activities, no person shall damage
any tree trunk or limb with any equipment, or by nailing or bolting into the tree, or by attachment of
guy wires or cables. In the event that an existing tree is damaged more than twenty-five percent (25%),
the damaged tree shall be replaced with an approved tree not less than three inches (3") in diameter
(9.42" in circumference).
(6) Fill Placed Within a Tree Drip Line. No fill dirt, soil, or sand, is permitted in excess of two inches (2″)
under any tree drip line except within the footprint or area of the building or structure constructed.
(Ordinance 2017-06 adopted 2-28-17)
§ 3.1004 Tree Trimming Permit Required; Minimum Tree Requirement for Each Lot
(1) A tree permit shall be required for the removal trimming of any and all trees greater than ten
inches (10") as part of any new build or remodel that expands the square footage of either the primary or
ancillary structure.
The permit shall be for a certified forester or arborist to assess if the proposed removal of tree canopy will
result in the eventual loss of said tree. If the certified forester or arborist determines that the intended
trimming would more than likely result in the death of said tree, the tree shall be considered a removal
and processed accordingly.
(a) Exceptions:
(i) Any tree which is dead or in an advanced stage of disease may be removed without a permit; and
(ii) Any tree which poses a threat to life or property may be removed without a permit.
(1) All tree removals must go through a permit process separate from the tree trimming process.
This is to determine the species, Protected Tree or Heritage Tree status, or if there is a public
hazard or nuisance.
(2) Removal of Protected Trees should be avoided. In the case of bug infestation or disease, besides
Oak Wilt, treatments should be pursued before removal if possible. Protected trees should be
replaced following the procedures outlined in section 3.1009(A).
(3) Removal of Heritage Trees is prohibited. A variance must be requested, significant proof is
needed for approval to remove beyond placement of a desired structure alone, and the
replacement procedures outlined in section 3.1009(B) apply.
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[PAGE 21]
(4) Removal of trees listed in section 3.1004 (11) is permitted and no replacement procedure is
required. The permit in this case is simply to establish the tree type.
(5) Residents are highly encouraged to use a licensed and insured tree care professional for all
removals as they can pose a serious risk to life and property.
(6) All fees assessed under this section shall be paid into the Tree Fund.§3.10045 Tree Removal Permit
Required
§ 3.1010 - TREE REMOVAL.
(1) All tree removals must go through a permit process separate from the tree trimming process. This is to
determine the species, Protected Tree, Qualified Tree or Heritage Tree status, or if there is a public hazard
or nuisance.
(2) Removal of Protected Trees should be avoided. In the case of bug infestation or disease, , besides Oak Wilt,
treatments should be pursued before removal if possible. Protected trees should be replaced following the
procedures outlined in section 3.101109(A).
(3) Removal of a Heritage Tree is highly discouraged. Heritage Trees shall be replaced following the procedures
outlined in Section 3.1011.(4) Removal of trees listed in section 3.1004 (11) is permitted and no
replacement procedure is required. The permit in this case is simply to establish the tree type.
(4) Removal of a Qualified Tree is highly discouraged. Qualified Trees shall be replaced following the procedures
outlined in Section 3.1011
(535) Residents are highly encouraged to use a licensed and insured tree care professional for all removals as
they can pose a serious risk to life and property.
(66) All fees assessed under this section shall be paid into the Tree Fund. Commented [PB1]: Did we still want this to all go to the
Tree Fund? Or just the caliper inch costs
a) §3.1006 Exception to Trimming and Removal Permit and Fee
(1) As a result of storm or fire, a person may, without a permit, trim, prune or remove such a storm or
fire damaged tree that is an imminent hazard to life or property if the tree is removed within seven
days of being damaged by the event.
a. Photos of the damaged tree and a written explanation showing the imminent hazard will be
provided to the City within 15 days of the event.
b. If imminent hazard is not shown to have exited, the City may impose fines or fees for the removal
of said damaged tree without having first obtained a permit.
c. The City Manager or their designee may extend these deadlines for widespread and extensive
storm damage.
d. This exception is extended to cover Protected, Qualified and Heritage Trees should a storm
damage them significantly and it poses a serious immediate hazard to person or property. No fee
will be assessed nor replacement required for Protected and Heritage trees that have been
damaged in a natural event or fire for which full removal is suggested or required. If suchthe tree
is designated as Protected, Qualified or Heritage and was removed, and it is determined that full
removal was not necessary by City Official and a certified arborist, then the appropriate
replacement costs will be imposed.
(2) Any tree that is dead or in an advanced stage of disease may be removed without a permit.
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[PAGE 22]
§3.10057 Minimum Tree Requirement for Each Lot
(142) Tree Requirement for Each Loot:
a. All lots between nine thousand square feet (9,000) and fifteen thousand square feet (15,000) that are
not radial or cul-de-sac lots shall be required to have five (5) approved trees, each with a minimum of
three inches (3") in diameter (9.42" in circumference), with two (2) of such trees located in the front
yard.
b. Any lot which is less than nine thousand square feet (9,000) and is not a radial or cul-de-sac lot shall
be required to have four (4) approved trees, each with a minimum of three inches (3") in diameter
(9.42" in circumference), with two (2) of such trees located in the front yard.
c. Any cul-de-sac or radial lot shall be required to have four (4) approved trees, each with a minimum of
three inches (3") in diameter (9.42" in circumference), with one (1) of such trees located in the front
yard.
d. All lots larger than fifteen thousand square feet (15,000) that are not radial or cul-de-sac lots shall be
required to have six (6) approved trees, each with a minimum of three inches (3") in diameter (9.42"
in circumference), with two (2) of such trees located in the front yard.
All trees shall be planted a minimum of ten feet (10') from other trees. In the event that, in the written
opinion of a landscape or tree professional, the topography or natural condition of the site, or the location of
permitted structures and other improvements to the site, it is not reasonably possible to plant and maintain
an otherwise required tree, an understory tree from the approved understory tree list attached hereto and
made a part hereof as exhibit "B" may be planted in its place.
(3215) It is the intent of this ordinance to promote the retention of Qqualified trees, Heritage trees and
Pprotected trees. Accordingly, an owner, and/oror homebuilder,/developer, shall be given credit for
retaining qualified trees and protected trees as follows:
(a) Each qualified tree shall count as two (2) trees for purposes of determining the number of trees
required on a lot; and
(b) Each protected tree shall count as three (3) trees for purposes of determining the number of trees
required on a lot.
( C) Each heritage tree shall count as three (4) trees for purposes of determining the number of trees
required on a lot.
(316) Each qualified tree or protected tree for which the owner and/or homebuilder/developer is given credit
pursuant to this subsection shall remain healthy and living for a period of three (3) years following
construction. Should such qualified tree or protected tree not survive for that period, the minimum tree
requirements shall be recalculated without the provided tree credits and the owner and/or
homebuilder/developer shall comply with the requirements of this section without consideration of the
credit(s) for the qualified tree(s) or protected tree(s).
(4) If a lot is determined to have below the minimum required trees, that lot shall be considered nonconforming
for purposes of this ordinance. At such time a building permit is pulled for said nonconforming lot that
involves a new build or a remodel that expands the square footage of either the primary or ancillary
structure, that lot must return to conformity with this Section.
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[PAGE 23]
(Ordinance 2017-06 adopted 2-28-17)
§ 3.100685 Timing
Each tree planting required by this article shall be completed within thirty (30) days or, if the season or
weather are such that a successful planting is unlikely, no later than the following January after the completion of
the improvements, as reflected in the building permit application. In the case of postponed plantings, later than
thirty (30) days, tree deposits equivalent to five hundred dollars ($500.00) per tree shall be made to city to assure
performance.
(Ordinance 2017-06 adopted 2-28-17)
§ 3.100796 Destruction orf Damage to Trees on Public Property
Nothing in this article shall prevent the City of Spring Valley or any public utility from performing necessary
maintenance and repair activities which may affect trees located on or over public property or utility easements.
(Ordinance 2017-06 adopted 2-28-17)
§ 3.1007 Penalty
(1) Any person, firm, partnership, association, corporation, company, or organization of any kind who or
which intentionally, knowingly, recklessly, or with criminal negligence violates any of the provisions of this article
shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall, in addition to any other fines
allowed under this article, be fined in accordance with the general penalty provision found in Section 1.106 of this
code. Each day during which such violation shall exist or occur shall constitute a separate offense.
(2) The owner or owners of any property or of premises where any violation of this article shall occur, and
any agent, contractor, builder, architect, person, association, organization, or corporation who shall assist in the
commission of such offense shall be guilty of a separate offense, and, upon conviction thereof, shall be punished as
above provided."
(3) All penalties and fines assessed under this article shall be paid into the Tree Fund. Commented [PB2]: Agreed on the penalties and fines.
(4) Compliance. Violators of this section will be required to come into compliance within 60 days, unless a
variance has been approved by the City. Compliance with this article may be grounds for withholding of other
related pending permits for the project by the City.
(5) Enforcement. The City shall have the power to administer and enforce the provisions of this article as may
be required by governing law. Any person violating any provision of this article is subject to a stop work order, suit
for injunctive relief, and/or prosecution for criminal violations. Any violation of this article is hereby declared to be
a nuisance. Any violation of this article may serve as grounds to withhold or delay issuance of other permits and
revocation of a certificate of occupancy.
(6) Civil remedies. Nothing in this article shall be construed as a waiver of the City's right to bring a civil action
to enforce the provisions of this article and to seek remedies as allowed by law, including but not limited to the
following:
(A) Injunctive relief. Injunctive relief to prevent specific conduct that violates this article or to require
specific conduct that is necessary for compliance with this article;
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[PAGE 24]
(B) Civil penalty. A civil penalty up to $500.00 a day to be deposited in the City Tree Fund, when it is
shown that the defendant was notified of the provisions of this article and after receiving notice committed acts in
violation of this article or failed to take action necessary for compliance with this article, and other available relief;
and
(C) Stop work order. In the event work is not being performed in accordance with this article, the
City shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the
project as long as a stop work order is in effect.
(Ordinance 2017-06 adopted 2-28-17)
§ 3.10081008 TREE FUND
(1) A fund is hereby created in which any/all permit fees, penalties, and feecash-in-lieu paid to the City pursuant
to the mandates of this article shall be deposited. Commented [PB3]: As discussed – do all fees go to the
tree fund?
(2) The fund will be administered by the City Council who may designate this responsibility to the Tree Board
and may be drawn upon to implement landscaping improvements on City parks, City-controlled public right-of-way Commented [PB4]: Does this need to be removed or
greenspaces, and other public land. refined? Should it be P&Z that acts as the Tree Board?
(23) The assets of the fund shall only be expended to purchase and plant new trees, plants, or landscaping in
public parks, parkways, medians, and rights-of-way of public streets and upon the grounds of other public property
of the City. Planting costs payable from the fund include the installation of related irrigation equipment and other
measures necessary to protect and subsequent maintenance following planting. An amount not to exceed 20
percent of the fund balance at the beginning of each fiscal year may be expended to promote public awareness of
the objectives of this article, including Earth Day, or Arbor Day programs for the distribution of sapling trees to the
general public. Commented [PB5]: Is there anything to add to this list of
uses?
(34) The assets of the fund maycan be expended to hire or contract with a Certified Forester, landscape
architect, or Arborist to help with enforcement, inspections and reviews as well as to promote public awareness of
the objectives of this article and may be used for necessary expenses, equipment, or contractual obligations related
to the enforcement of this article.
§ 3.10091109 PROTECTED, QUALIFIED, AND HERITAGE TREES Commented [PB6]: Do we need similar language for
Qualified Trees? There is no tree fund 1:1 for qualified at
(1) Protected Trees. this time.
(A) Trees designated as Protected Trees under this article are considered to be highly desirable, and
private landowners and developers are encouraged to preserve these trees through proper care and
maintenance.
(B) An Arborist is recommended but not required for trimming on protected trees except all Oak
species. Protected size trees of the Oak species will require an Arborist for trimming. Trimming in excess of
25 percent of the canopy of a Protected Tree is prohibited at all times.
(C) If removal of a protected tree is desired, then the landowner or responsible party of existing lots
and/or new development must request a permit for removal and they must provide replacement tree at a
ratio of 1:1, or Feecash-in-lieu may be paid to the City Tree Fund in the amount equal to the cost of nursery
stock required to replace the diameter amounts lost and the cost of installation on a per unit basis, not to
exceedat a cost of $450.00$2100.00 per diameter inch lost or 20 percent of the current value of the
property, not including any structures built upon the lot, as assessed in the most current county appraisals.
Trees within the construction footprint will be assessed at fifty percent of the total fee.
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(D) Homeowners may offset costs by 100 percent with a tree replacement, non-resident developers
may offset costs by 50 percent with a tree replacement but are subject to pay the remaining fee, and
commercial developers allowed 40 percent offset with planting and then are subject to pay the remaining
fees.
(2) Heritage Trees
(A) Trees designated as Heritage Trees under this article are hereby prohibited from
removalconsidered to be extremely desirable to the City and its residents and are to be trimmed
or removed only under the highest scrutiny.
(B) An Arborist is required for all trimming on Heritage Trees. Trimming in excess of 25 percent of the
canopy of a Heritage Tree is prohibited at all times.
(C) Property owners, residents, and developers who wish to remove a Heritage Tree must, through
the Permit Process, show that there is no other reasonable alternative request a variance and must
show proof that there is substantial reason to remove a Heritage Tree. Placement of a desired
structure is not considered to be reason enough to remove a Heritage Tree.
(D) If a removal variance is granted, a replacement must be provided at a ratio of 1:1, or Feecash-in-
lieu may be paid to the City Tree Fund in the amount equal to the cost of nursery stock required to replace
the diameter amounts lost and the cost of installation on a per unit basis, not to exceedat a cost of $1500.00
per diameter inch lost or 20 percent of the current value of the property, not including any structures built Commented [PB7]: Did we want to drop this part?
upon the lot, as assessed in the most current county appraisals. Trees within the construction footprint will
be assessed at fifty percent of the total fee.
(E) Homeowners may offset costs by 100 percent with a tree replacement, non-resident developers
may offset costs by 50 percent with a tree replacement but are subject to pay the remaining fee, and
commercial developers allowed 40 percent offset with planting and then are subject to pay the remaining
fees.
(3) Qualified Trees.
(A) Trees designated as Qualified Trees under this article are considered to be highly desirable, and
private landowners and developers are encouraged to preserve these trees through proper care and
maintenance.
(B) An Arborist is recommended but not required for trimming on qualified trees except all Oak
species. Qualified size trees of the Oak species will require an Arborist for trimming.
(C) If removal of a Qualified tree is desired, then the landowner or responsible party of existing lots
and/or new development must request a permit for removal and they must provide replacement tree at a
ratio of 1:1, or fees-in-lieu may be paid to the City Tree Fund in the amount equal to the cost of nursery
stock required to replace the diameter amounts lost and the cost of installation on a per unit basis, at a cost
of $450.00 per diameter inch lost. Trees within the construction footprint will be assessed at fifty percent
of the total fee.
(D) Homeowners may offset costs by 100 percent with a tree replacement, non-resident developers
may offset costs by 50 percent with a tree replacement but are subject to pay the remaining fee, and
commercial developers allowed 40 percent offset with planting and then are subject to pay the remaining
fees.
(43) Prohibited and Harmful Trimming Practices on Protected and Heritage Trees such as Lion Tailing and
Topping, as defined in section 3.1001 of this article, may result in fines up to $500.00 per Protected Tree and
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$1,000.00 for each Heritage Trees harmed with these prohibited practices. If it is determined that the trimming will
result in the death of the tree, then the provisions related to removal shall apply.
(4) Diagnosed Oak Wilt in Protected and Heritage Trees may result in their removal. If Oak Wilt is detected and
it is substantial enough to warrant removal or has caused significant structure damage or death of large portions of
the tree, as diagnosed by an Arborist, these trees are exempt from replacement requirements and removal fees
imposed by the City. Residents are still encouraged to replace trees and the City offers financial assistance for
replacement of trees lost due to Oak Wilt in section 3.1011.
§ 3.101012 Penalty
(1) Any person, firm, partnership, association, corporation, company, or organization of any kind who or
which intentionally, knowingly, recklessly, or with criminal negligence violates any of the provisions of this article
shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall, in addition to any other fines
allowed under this article, be fined in accordance with the general penalty provision found in Section 1.106 of this
code. Each day during which such violation shall exist or occur shall constitute a separate offense.
(2) The owner or owners of any property or of premises where any violation of this article shall occur, and
any agent, contractor, builder, architect, person, association, organization, or corporation who shall assist in the
commission of such offense shall be guilty of a separate offense, and, upon conviction thereof, shall be punished as
above provided.
(3) All penalties and fines assessed under this article shall be paid into the Tree Fund. Commented [PB8]: Agreed on the penalties and fines.
(4) Compliance. Violators of this section will be required to come into compliance within 60 days, unless a
variance has been approved by the City. Compliance with this article may be grounds for withholding of other
related pending permits for the project by the City.
(5) Enforcement. The City shall have the power to administer and enforce the provisions of this article as may
be required by governing law. Any person violating any provision of this article is subject to a stop work order, suit
for injunctive relief, and/or prosecution for criminal violations. Any violation of this article is hereby declared to be
a nuisance. Any violation of this article may serve as grounds to withhold or delay issuance of other permits and
revocation of a certificate of occupancy.
(6) Civil remedies. Nothing in this article shall be construed as a waiver of the City's right to bring a civil action
to enforce the provisions of this article and to seek remedies as allowed by law, including but not limited to the
following:
(A) Injunctive relief. Injunctive relief to prevent specific conduct that violates this article or to require
specific conduct that is necessary for compliance with this article;
(B) Civil penalty. A civil penalty up to $500.00 a day to be deposited in the City Tree Fund, when it is
shown that the defendant was notified of the provisions of this article and after receiving notice committed acts in
violation of this article or failed to take action necessary for compliance with this article, and other available relief;
and
(C) Stop work order. In the event work is not being performed in accordance with this article, the
City shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the
project as long as a stop work order is in effect.
§ 3.1010 - TREE REMOVAL.
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(1) All tree removals must go through a permit process separate from the tree trimming process. This is to
determine the species, Protected Tree or Heritage Tree status, or if there is a public hazard or nuisance.
(2) Removal of Protected Trees should be avoided. In the case of bug infestation or disease, besides Oak Wilt,
treatments should be pursued before removal if possible. Protected trees should be replaced following the
procedures outlined in section 3.1009(A).
(4) Removal of trees listed in section 3.1004 (11) is permitted and no replacement procedure is required. The
permit in this case is simply to establish the tree type.
(5) Residents are highly encouraged to use a licensed and insured tree care professional for all removals as
they can pose a serious risk to life and property.
(6) All fees assessed under this section shall be paid into the Tree Fund.
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(Supp. No. 59)
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[PAGE 28]
Exhibit A
Approved Tree List
Species Common Name Botanical Name
Ash Green Ash Fraxinus pennsylvanica
White Ash Fraxinus Americana
Birch River Birch Betula nigra
Cedar Eastern Red Cedar Juniperus virginiana
Cypress Bald Cypress Taxodium distichum
Montezuma Cypress Taxodium mucranutum
Elm American Elm Ulmus Americana H
Cedar Elm Ulmus crassifolia
Lacebark Elm Ulmus parvifolia
Winged Elm Ulmus alata
Hickory Hickory species Carya varieties H
Magnolia Southern Magnolia Magnolia grandiflora H
Maple Drummond Red maple Acer rubrum var. drummondii H
Trident Maple Acer buergerianum
Oak Bur Oak Quercus macrocarpa H
Chiquapin Oak Quercus muehlenbergii
Durrand Oak Quercus durrandii
Laurel Oak Quercus laurifolia
Live oak Quercus virginiana H
Mexican White Oak Quercus polymorpha
Nutall Oak Quercus nuttallii
Overcup Oak Quercus lyrata
Post Oak Quercus stellata
Shumard Oak Quercus shumardii
Swamp Chestnut Oak Quercus michauxii
Water Oak Quercus nigra
White Oak Quercus alba
Pine Tree Loblolly Pine Pinus taeda
Longleaf Pine Pinus palustrus
Pistache Chinese Pistache Pistacia chinenesis
Sweet Gum American Sweet Gum Liquidambar styraciflua
Sycamore American Sycamore Platanus occidentalis H
Mexican Sycamore Platanus mexicana
Walnut Black Walnut Juglans nigra H
Others Anacua Ehertia anacua
Basswood Tilia Americana
Black Tupelo Nyssa aquatic
Gum Bumelia Bumelia lanuginose
Red Bay Persea borbonia
H = Heritage Tree Indicator
(Ordinance 2017-06 adopted 2-28-17; Ordinance 2020-16 adopted 4-28-20)
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(Supp. No. 59)
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[PAGE 29]
Exhibit B
Approved Understory Tree List
Fringe Tree Chinese Fringe Tree Chionanthus retusus
Fringe Tree Chionanthus spp
Hawthorn Parsley Hawthorn Crateagus marshallii
Holly American Holly (tree form) Ilex opaca
Dahoon Holly Ilex cassine
East Palatka Holly Ilex x attenuata "East Palatka"
Possumhaw Holly Ilex decidua
Savannah Holly Ilex x attenuata "Savannah"
Laurel Cherry Laurel Prunus caroliniana
Mexican Plum Prunus Mexicana
Texas Mountain Laurel Sophora secundiflora
Magnolia Little Gem Magnolia Magnolia grandiflora 'Little Gem'
Saucer Magnolia Magnolia x soulangiana
Sweet Bay Magnolia virginiana
Maple Chalk Maple Acer leucoderme
Pistache Texas Pistache Pistacia texana
Redbud Redbud Cercis canadensis
Viburnum Rusty Black-Haw Viburnum rufidulum
Others Hophornbeam Carpinus caroliniana
Flameleaf Sumac Rhus spp
Mexican Buckeye Ungradia speciosa
(Ordinance 2017-06 adopted 2-28-17; Ordinance 2020-16 adopted 4-28-20)
EXHIBIT C
TREE PROTECTION FENCING
Required by Code of Ordinances
City of Spring Valley Village
DO NOT REMOVE!
FINE: $100 OR MORE, JOB MAY BE SHUTDOWN, FOR PERMISSION FOR TEMPORARY REMOVAL CALL (713) 465-
8308. TO REPORT VIOLATIONS, CALL (713) 465-8308.
CERCAS PARA PROTECCION de ARBOLES
Requerido por Código de Ordenanzas
POR FAVOR NO RETIRE EL LETRERO
MULTA DE: $100 O MÁS, TRABAJO PUEDE SER TERMINADO, PARA PERMISO PARA REMOCION TEMPORAL LLAME:
(713) 465-8308. PARA DENUNCIAR UNA INFRACCION LLAME: (713) 465-8308.
(Ordinance 2017-06 adopted 2-28-17)
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[PAGE 30]
Last 10 Tree Removals (New Construction)
Heritage C/F Protected C/F Qualified C/F
1 0 0 1 1 1 0
2 0 0 0 0 0 0
3 0 0 1 1 7 0 *
4 1 1 1 0 0 0
5 0 0 2 1 0 0
6 0 0 1 0 0 0
7 0 0 0 0 1 1
8 0 0 1 1 1 1
9 0 0 0 0 0 0
10 0 0 1 1 0 0
Total 1 1 8 5 10 2
Note:
* Trees to be removed have sustained damage from the past few storms. Removal was recommended by
Forestier.
Total Removed: 19
In Construction
Footprint: 8
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[PAGE 31]
Cary M. Morna
Consulting Forster
Definitions: Not many college-educated urban foresters, but a lot of
Certified Arborists around, maybe using the term " tree professional”
could help.
Tree sizes recommended look good, have no issue with them due to
them being straight to the point and not confusing.
Large existing trees have a hard time surviving major house
construction.
Tree Permit required: Even though it does not require some trees to be
removed due to them being a danger, it should still require a review from
a tree professional, as a homeowner is not qualified to give such a
determination.
Many Builders & property owners want to know which trees could
survive construction.
Tree requirements and Tree Credits: Breakdown of tree requirements
is easy to follow, as before, it was all lumped together.
Concerns with the tree credit section and would remove it all together
reason being that if a tree that falls under a category is kept, then later it
dies, they will fall under a nonconforming status due to that tree not
living past construction. Removing section can avoid many issues down
the road.
Tree Fund: Recommended that it not limit the use and make sure to
include maintenance of City trees.
Fees: Fees are a bit high. Trees located in the footprint. Other cities have
taken the approach of not charging but see no issues with recommending
that trees located in the footprint be assessed at a 50% cost of the fee.
Tree List: Good choice to update the tree list with trees that are native to
this location, and saw no issues.
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[PAGE 32]
Cary M. Morna
Consulting Forster
Pecan, Sycamore, & Sweetgum have a reputation as being messy trees.
Be careful, Bald or Montezuma Cypress should not be planted near
sewer or water lines.
The hickory tree is not a good choice for Heritage tree replacement.
If a 12-inch caliper is required for a replacement tree.
The root ball would need to be at least 12 feet and about 20 inches deep.
That depends on how the tree is grown, either in large boxes or tree
spade machines.
Environmental Design is the only local large tree replacement that I
know that I have seen planted, generally 10-inch caliper trees, usually
Live Oaks.
Cary Moran
Consulting Forester, B.S.
713-305-0601
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[PAGE 33]
Spring Valley Village Planning and
Zoning Commission
Agenda Item Data Sheet
MEETING DATE: February 10, 2026
SUBMITTING STAFF: Jose Gomez, Development Services Manager
SUBJECT: DISCUSSION CONCERNING: Possible Amendments to the
City of Spring Valley Village Code of Ordinances; Chapter 12,
Planning and Zoning:
Section 05:02.03.08 maximum lot coverage regarding
clarification on artificial turf and allowable use.
BACKGROUND: At the request of the Planning and Zoning Commissioner, Chapter
12, Section 05:02.03.08, has been put on the January 13th, 2026,
agenda for further discussion.
ATTACHMENTS: 05_02.03___Size_and_Area_Requirements_ (2), Turf Data
FUNDING:
Amount Account No. Additional Project No. Amount Account
Available Appropriation Budgeted Description
Required
RECOMMENDATION: No action is required at this time. This is a discussion item.
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[PAGE 34]
05:02.03 Size and Area Requirements:
In construing this Ordinance, all measurements shall be made to the property lines inclusive of any portion of
easements within the property lines, so as that the area contained in any easement within the property lines shall
be considered a part of the Lot in question for the purposes of determining building lines.
.01 Minimum Lot Area: All residential Lots shall have a minimum Lot area of ten thousand (10,000) square feet
with a minimum of nine thousand (9,000) square feet exclusive of easements.
.02 Maximum height.No building or structure more than thirty-six feet (36′) in height shall be erected in Dwelling
District "A". (See also Building or Structure Height to setback ratio (3:5 below).)
.03 Maximum stories. No building or structure more than two stories shall be erected in Dwelling District "A".
.04 Reserved. (Ordinance 2006-05 adopted 3-28-06)
.05 Reserved. (Ordinance 2006-05 adopted 3-28-06)
.06 Minimum Floor Area Per Dwelling Unit. Each dwelling unit shall have a minimum ground floor, as that term is
defined in this subsection, of fourteen hundred (1,400) square feet in area, exclusive of porches, garage, and
laundry rooms. The ground floor of a dwelling unit is the living space area most proximate to the foundation
slab or other support foundation, upon which such structure is located. (Ordinance 194)
.07 Maximum Foundation Height. The foundation slab or other support foundation of a structure shall not
exceed a height of four feet (4') above the average surrounding finished grade of the ground upon which
such structure is located. (Ordinance 194)
.08 Maximum Lot Coverage. The maximum coverage of any lot with any constructed surface shall not exceed
sixty percent (60%) of the lot area located behind the required front building line, and shall not exceed fifty
percent (50%) of the lot area located in front of the required front building line. "Constructed surface" shall
include for computation of lot coverage buildings, garages, accessory buildings, patios, sidewalks, driveways,
any area surfaced for automobiles, and other constructed surface areas, but shall exclude stepping stones,
air conditioner supports, landscape border stones, wooden decks, and similar materials or structures.
Provided, further, that the water surface area of a swimming pool shall not be counted as constructed
surface in the computation of the maximum coverage of any lot, and that pavers (a.k.a. paver stones, brick
pavers, or concrete pavers, however named) shall be counted as constructed surface in the computation of
the maximum coverage of any lot. (Ordinance 2004-01 adopted 1-20-04)
.09 Building line setbacks: (Ordinance 231)
.09.01 General: The following restrictions shall apply to all construction of or addition to new or pre-
existing buildings, dwellings, garages, and accessory use buildings.
.09.02 Front building line setbacks:
.09.02.01 Adjoining a local or collector street. For a lot fronting a local or collector street having a
right-of-way width of sixty feet (60'), the minimum front building line setback shall be twenty-five
feet (25'). For a lot fronting a local or collector street having a right-of-way width of fifty feet
(50'), the minimum front building line setback shall be thirty feet (30'). (Ordinance 2007-05
adopted 3-20-07)
.09.02.02 Adjoining a Major Thoroughfare. For a lot adjoining a major thoroughfare, other than
Westview Drive, the front building setback line shall be twenty-five feet (25'). All garages facing a
major thoroughfare must be setback a minimum of thirty-eight feet (38'), measured from the
inside edge of any public sidewalk nearest the associated front property line.
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Lots Adjoining Westview Drive. Except as provided herein, for a lot adjoining and facing
Westview Drive the front building setback line shall be twenty-five feet (25'); provided, however,
for a lot adjoining and facing Westview Drive on the north side of Westview Drive between
Bracher Street and Bingle Road, the front building setback line shall be forty feet (40'). All
garages must be setback a minimum of thirty-eight feet (38') from the inside edge of any public
sidewalk nearest the associated front property line, subject to the provisions of Section
05:02.01.04. (Ordinance 2018-27 adopted 10-23-18; Ordinance 2019-12 adopted 5-21-19;
Ordinance 2019-14 adopted 6-25-19)
.09.02.03 Adjoining a Cul-de-sac turnaround. For a lot fronting the turnaround portion of a cul-de-
sac, the minimum front building line setback shall be twenty feet (20'). (Ordinance 2007-05
adopted 3-20-07)
.09.02.04 Setback Adjustment. If a lot fronts a right-of-way of less width than the minimum
required in the City's Subdivision Development Ordinance or the City's Street and Thoroughfare
plan, there shall be added to the setback additional footage to compensate for the deficit, in
order to preserve setbacks and the alignment of homes.
.09.02.05 Pre-existing lot. If the pre-existing lot depth is less than the minimum depth required by
the City Subdivision Development Ordinance, the front building line setback shall not be less than
the setback shown on the pre-existing recorded plat, but in no event less than twenty-five feet
(25').
.09.03 Side building line setback.
09.03.01 Adjoining another lot. For adjoining side property lines, the side building setback shall
be not less than eight feet (8'). Where a side property line adjoins the rear property line of
adjacent property, the side yard setback for the second story shall be not less than fifteen feet
(15'). (Ordinance 2006-05 adopted 3-28-06)
.09.03.02 Adjoining a local or collector street. Adjoining a local or collector street right-of-way the
minimum side building line setback shall be fifteen feet (15').
.09.03.03 Adjoining a major-thoroughfare. Adjoining a major-thoroughfare the minimum side
building line setback shall be twenty-five feet (25').
.09.03.04 Setback adjustment. If a side lot line adjoins a right-of-way of less width than the
minimum required by the City's Subdivision Development Ordinance or the City's Street and
thoroughfare plan, there shall be added to the setback additional footage to compensate for the
deficit, in order to preserve setbacks and the alignment of homes.
.09.03.05 Removed by Ordinance 2025-04 adopted 1-28-25.
.09.04. Rear building line setback.
09.04.01 Rear setback. For adjoining rear property lines, the rear building setback shall be not
less than ten feet (10') for the first story, and not less than twenty five feet (25') for the second
story. Where a rear property line adjoins the side property line of adjacent property, the rear
yard setback shall be not less than ten feet (10'). (Ordinance 2006-05 adopted 3-28-06)
.09.04.02 Adjoining a local or collector street. Adjoining a local or collector street right-of-way the
minimum required rear building setback shall be fifteen feet (15').
.09.04.03 Adjoining a major-thoroughfare. Adjoining a major-thoroughfare the minimum required
rear building line setback shall be twenty-five feet (25').
.09.04.04 Setback adjustment. If a lot backs up to a right-of-way of less width than the minimum
as required in the City's Street and Thoroughfare Plan there shall be added to the setback
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[PAGE 36]
additional footage to compensate for the deficit, in order to preserve setbacks and the alignment
of homes.
.09.04.05 Pre-existing lot. If the pre-existing lot depth is less than the minimum depth required by
the City Subdivision Development Ordinance, the rear building line setback shall not be less than
the setback shown on the pre-existing recorded plat, but in no event less than ten feet (10').
.10 Driveway Width, Transition, and Separation.
.10.01 Except as provided by subsection 10.04 below, the maximum driveway width at the line of
intersection with the street pavement shall not exceed twenty-four feet (24'), plus the corner radii at
each intersection and the maximum width of the driveway located within the right-of-way shall not
exceed twenty-four feet (24').
.10.02 Residential access ways, or curb cuts, shall meet or exceed the minimum standards set by the
City. (See, e.g., Article 3.1200—Regulations for the Cutting of Streets).
.10.03 No curb cut shall be located within twenty-four feet (24') of a street intersection.
.10.04 Lots that are adjacent to Campbell Road or Bingle Road and a minor street shall have vehicular
driveways connecting with the minor street only.
.10.05 Where the driveway provides direct access to a garage containing more than two (2) parking
spaces and the garage fronts a side-street, then the corresponding curb cut shall not exceed thirty-six
feet (36').
.10.06 Only one (1) curb cut is permitted per residence; provided, however, a second curb cut is
permitted when connected to a circular driveway. Except as provided by subsection 10.04, the total
width of all curb cuts per residence shall not exceed twenty-four feet (24') plus the corner radii at each
intersection.
.10.07 If more than one (1) curb cut (that is street transition) is constructed on the same lot, such curb
cuts shall be separated (nearest edge to nearest edge as measured along the street curb) by a
minimum distance of at least twenty feet (20'). The driveways corresponding to the two (2) curb cuts
must interconnect as a circular driveway, and at least one (1) curb cut must correspond to a driveway
to the dwelling unit's garage or alternative enclosed vehicle parking space.
.10.08 A parking pad is permitted only if it is contiguous to the driveway, it is a paved surface, and it is
located entirely outside the City right-of-way.
.10.09 It shall be unlawful for any person to cause or permit the placement or construction of a
vehicular driveway, or any portion thereof, which violates the provisions of this section.
(Ordinance 2013-03 adopted 2-26-13; Ordinance 2019-12 § 3 adopted 5-21-19)
Created: 2025-05-15 15:54:09 [EST]
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