Woodcreek tree ordinance changes could have consequences
The citizens of Woodcreek need to be judicious in reviewing the agenda and attached documentation for the items to be discussed at the City Council meetings.
Council members have the power to place an item on the agenda for discussion and vote at a specific meeting even though it has never been discussed at previous meetings. If the citizens are not vigilant, Ordinances that have financial or regulatory significance can be passed without any public input. This very scenario could have occurred at the June meeting when Councilmember Jackson introduced an item establishing a Heritage Tree Ordinance.
This proposed Ordinance had significant financial repercussions for the removal of specified trees. In this case after public comment, the Council decided to table the vote until July when the new verbiage could be added into the existing tree Ordinance. The documentation attached to the June agenda stated that the Ordinance would apply to all Commercial and Residential property within the city limits for which a site plan must be approved.
The following from excerpt from the Code of Ordinances explains when this would apply: Per the Code of Ordinances General Provisions 154.005 Definitions, DEVELOPMENT. The construction of buildings, roads, utilities, drainage improvements or other structures. The term includes construction, excavation, dredging, grading, filling and clearing or removing vegetation. Pruning, or other forms of general or regular maintenance of vegetation on developed property, shall not be considered DEVELOPMENT for purposes of this chapter.
This term includes the erection of towers, placement of temporary buildings and excavation of pits or ponds. Based on this definition, the new Ordinance would affect anyone who wishes to thin their existing trees in order to allow for more healthy growth of the remaining tress. In addition, this proposed Ordinance does not have any provision excluding the removal of dead/diseased tress (ie. Oak Wilt). In summary, the Ordinance designates trees with a diameter larger than 12 inches as “Protected” and larger than 24 inches as “Heritage”.
If trees meeting this criteria are removed, the owner must either replace them with enough trees to equal the diameter of the removed tree or pay a penalty into a newly designated City Tree Fund in an amount equal to $100 per diameter inch not to exceed $6000 per acre (prorated for smaller lots). If you were to have a Heritage Oak that is near a new oak wilt colony and chose to treat the tree following the A&M Forestry guidelines of 2 treatments you could potentially have the expense of the treatments, removing the tree if it does not survive and the additional expenses imposed by this proposed Ordinance.
Faced with these expenses, would the owner be less likely to incur the expenses of treating and trying to save the tree? The proposed Ordinance also has a provision requiring owners to water and maintain all designated trees. While a good idea, during water rationing is this feasible? I love trees and want to see this City remain as forested as possible which is the reason I worked with our Texas A&M Forestry agent to update the oak wilt guidelines several years ago. I also feel that the citizens should not be subjected to undue penalties and expenses especially in situations they cannot control.
Since this Ordinance was tabled at the June meeting, we can expect to see it on the July 17th agenda. Come to the Council meeting and express your opinion. Remember to review the agenda every month when you receive the email regarding the Council meeting.
Kathy Maldonado Former Woodcreek Councilman