Docstoc

code

Document Sample
code Powered By Docstoc
					TITLE 6               ENVIRONMENTAL CONTROL AND CONSERVATION
CHAPTER 6-3           TREES AND VEGETATION

ARTICLE 1. GENERAL PROVISIONS.
  § 6-3-1 Definitions
  § 6-3-2 Urban Forester
  § 6-3-3 Administration and Enforcement
  § 6-3-4 Duties of Urban Forester
  § 6-3-5 Comprehensive Urban Forest Plan
  § 6-3-6 Standards of Care for a Tree or Plant on Public Property
  § 6-3-7 Interference with Urban Forester
  § 6-3-8 Penalty
ARTICLE 2. RESTRICTIONS ON TREE OR PLANT MAINTENANCE.
  § 6-3-21 Planting Restricted at Street Corner
  § 6-3-22 Planting Restricted by Fire Hydrant
  § 6-3-23 Planting Restricted by Sidewalks
  § 6-3-24 Standard of Maintenance
  § 6-3-25 Notice of Obstruction of Public Right-of-way
  § 6-3-26 Authority to Maintain Public Right-of-way
ARTICLE 3. NUISANCE TREE OR PLANT.
  § 6-3-41 Diseased Tree or Plant
  § 6-3-42 Owner's Duty to Abate Nuisance
  § 6-3-43 Inspection by Urban Forester
  § 6-3-44 Right of Entry and Removal
  § 6-3-45 Owner’s Consent to Entry
  § 6-3-46 Notice of Abatement
  § 6-3-47 Appeal of Notice of Abatement
  § 6-3-48 Review of Recommendation to Remove Protected Tree
  § 6-3-49 Public Right to Abate Nuisance
  § 6-3-50 Notice of Cost of Public Abatement
  § 6-3-51 Owner’s Duty to Reimburse Cost of Public Abatement
  § 6-3-52 Notice of Lien
  § 6-3-53 Execution of Judgment and Foreclosure
  § 6-3-54 Penalty
ARTICLE 4. PUBLIC TREES.
Division 1. General Provisions.
  § 6-3-61 Duty to Protect Public Tree
  § 6-3-62 Restriction on Location of Tree on Public Property
  § 6-3-63 Liability for Damage to a Public Tree
  § 6-3-64 Tree Use in Capital Improvements
  § 6-3-65 Cooperative Agreement to Plant Trees
Division 2. Administrative Approvals.
  § 6-3-71 Administrative Approval Required
  § 6-3-72 Application for Administrative Approval
  § 6-3-73 Procedure for Administrative Approval
  § 6-3-74 Annual Administrative Approval
  § 6-3-75 Requirement to Replace Tree
  § 6-3-76 Revocation of Approval for Non-compliance
  § 6-3-77 Exceptions to Requirement for Administrative Approval
Division 3. Appeal Process and Penalty.
  § 6-3-91 Appeal of Action of Urban Forester
  § 6-3-92 Appeal of Tree Value
  § 6-3-93 Procedure for Appeal to Board
  § 6-3-94 Appeal of Board Decision
  § 6-3-95 Penalty
                                    ARTICLE 1. GENERAL PROVISIONS.
§ 6-3-1 DEFINITIONS.
   In this chapter:
   (1) BOARD means the Urban Forestry Board.
   (2) CURBLINE means the boundary of a street or alley used for vehicular traffic.
   (3) DAMAGE means injury to a tree including: uprooting; severance of the root system or main
           trunk; storage of material or compaction of surrounding soil; a substantial change in the natural
           grade above a root system or around a trunk; pruning or removal of more than 25 percent of the
           living tissue; or surrounding with impervious paving materials.
   (4) OWNER means the record owner of real property or the occupant or a person with the right to
           exercise control over the property.
   (5) PLAN means the Comprehensive Urban Forest Plan.
   (6) PUBLIC PROPERTY means real property owned or controlled by the city with unrestricted public
           access, excluding a utility or drainage easement on private property.
   (7) PUBLIC TREE means a tree with at least two-thirds of its trunk diameter on public property.
   (8) TREE means a self-supporting woody perennial plant, excluding a bush or shrub, with a trunk
           diameter measured at four and one-half feet above grade of:
       (a) not less than three inches; or
       (b) not less than two inches if planted by or on behalf of the city.
   (9) TREE VALUE means the appraised value of a tree based on the latest edition of the Guide for
           Plant Appraisal by the Council of Tree and Landscape Appraisers.
   (10) URBAN FORESTER means a city employee qualified as a forester.
Source: 1992 Code Sections 10-6-4, 15-10-3, and 16-7-1 ; Ord. 031023-10; Ord. 031211-11.
§ 6-3-2 URBAN FORESTER.
   The city manager shall designate an urban forester.
Source: 1992 Code Section 15-10-4; Ord. 031023-10; Ord. 031211-11.
§ 6-3-3 ADMINISTRATION AND ENFORCEMENT.
   Except as otherwise specified, the urban forester shall administer and enforce this chapter.
Source: 1992 Code Sections 10-6-3 and 15-10-4(E) and (H); Ord. 031023-10; Ord. 031211-11.
§ 6-3-4 DUTIES OF URBAN FORESTER.
   The urban forester shall:
   (1) manage the city’s urban forest;
   (2) administer the plan;
   (3) supervise and coordinate with responsible city departments to plant, maintain, or remove trees
           on public property;
   (4) grant or deny administrative approval to maintain or remove a public tree, and establish
           conditions of performance;
   (5) supervise and inspect work performed under an administrative approval granted under this
           article; and
   (6) remove a tree or plant planted in violation of this chapter.
Source: 1992 Code Sections 15-10-4(A), (B), (F), and (G), and 15-10-5(C); Ord. 031023-10; Ord. 031211-
           11.
§ 6-3-5 COMPREHENSIVE URBAN FOREST PLAN.
   (A) With the assistance of the urban forester, the board shall develop and revise the plan.
   (B) The Environmental Board and Parks and Recreation Board shall review the plan and make
           recommendations to the board.
   (C) The urban forester shall provide administrative staff services to the board in connection with the
           plan.
Source: 1992 Code Sections 15-10-4(A) and (C); Ord. 031023-10; Ord. 031211-11.
§ 6-3-6 STANDARDS OF CARE FOR A TREE OR PLANT ON PUBLIC PROPERTY.
   (A) The urban forester shall develop a standard of care for trees or plants on public property.
           Standards developed under this section shall be based on the current edition of the National
           Arborists Association's Standards for Tree Care or other nationally recognized standard.
   (B) Before a standard is adopted by the board, the board shall review the standard at a public
           hearing.
   (C) The urban forester shall make a copy of the standards and related rules available to the public.
Source: 1992 Code Section 15-10-4(D); Ord. 031023-10; Ord. 031211-11.
§ 6-3-7 INTERFERENCE WITH URBAN FORESTER.
   A person may not hinder or obstruct the urban forester in the performance of the urban forester’s
          official duties.
Source: 1992 Code Section 15-10-11; Ord. 031023-10; Ord. 031211-11.
§ 6-3-8 PENALTY.
   A person who violates this article commits a Class C misdemeanor and is subject to the penalty
          prescribed by Section 1-1-99 (Offenses; General Penalty) not to exceed $100 for each offense.
          Each occurrence of a violation of this article is a separate offense.
Source: 1992 Code Section 15-10-99(B) and (C); Ord. 031023-10; Ord. 031211-11.

                  ARTICLE 2. RESTRICTIONS ON TREE OR PLANT MAINTENANCE.
§ 6-3-21 PLANTING RESTRICTED AT STREET CORNER.
   (A) This section only applies to property located at a street corner intersection within a ten-foot
          setback from the curbline and 40 feet along the curbline from the intersection.
   (B) A person may not place, maintain, or permit a plant:
       (1) more than two feet taller than the level of the ground surrounding the plant; or
       (2) on property more than one foot above the level of an adjacent street.
Source: 1992 Code Section 16-7-40 ; Ord. 031023-10; Ord. 031211-11.
§ 6-3-22 PLANTING RESTRICTED BY FIRE HYDRANT.
   A person may not place, maintain, or permit a tree or plant within five feet of a fire hydrant.
Source: 1992 Code Section 16-7-42 ; Ord. 031023-10; Ord. 031211-11.
§ 6-3-23 PLANTING RESTRICTED BY SIDEWALKS.
   (A) A person may not place, maintain, or permit a tree or plant to overgrow or obstruct a sidewalk to
          prevent public use of the area.
   (B) A person shall trim tree limbs growing over a sidewalk at a minimum clearance of 14 feet above
          the street level measured at the nearest curbline.
Source: 1992 Code Sections 16-7-41 and 16-7-43; Ord. 031023-10; Ord. 031211-11.
§ 6-3-24 STANDARD OF MAINTENANCE.
   A person shall maintain a tree or plant under this article to be compatible with the aesthetic character
          of the public right-of-way.
Source: 1992 Code Section 16-7-44 ; Ord. 031023-10; Ord. 031211-11.
§ 6-3-25 NOTICE OF OBSTRUCTION OF PUBLIC RIGHT-OF-WAY.
   (A) The urban forester may issue written notice of obstruction of public right-of-way by a tree or
          plant to an owner. Notice under this section must include:
       (1) a description of the corrective action required; and
       (2) a statement that the corrective action must be complete not later than the 10th day after
          receipt of the notice.
   (B) An owner shall remove an obstruction to the public right-of-way not later than the 10th day after
          receipt of a notice of obstruction.
Source: 1992 Code Section 15-10-6(A); Ord. 031023-10; Ord. 031211-11.
§ 6-3-26 AUTHORITY TO MAINTAIN PUBLIC RIGHT-OF-WAY.
   (A) If an owner fails to comply with a notice issued under Section 6-3-25 (Notice of Obstruction of
          Public Right-of-Way), the urban forester may trim or remove a tree or plant over a street or an
          adjacent sidewalk or public easement to:
       (1) provide a minimum clearance of 14 feet above the street level;
       (2) provide an unobstructed view for traffic; or
       (3) remove overgrowth or obstructions to public use.
   (B) The city manager may determine when a tree or plant requires trimming or removal under this
          section.
Source: 1992 Code Sections 15-10-6(A) and (C), 16-7-41, and 16-7-45; Ord. 031023-10; Ord. 031211-11.

                         ARTICLE 3. NUISANCE TREE OR PLANT.
§ 6-3-41 DISEASED TREE OR PLANT.
   A tree or plant infected by a lethal disease communicable to another tree or plant is a public nuisance.
          A tree under this section includes firewood.
Source: 1992 Code Section 10-6-1; Ord. 031023-10; Ord. 031211-11.
§ 6-3-42 OWNER’S DUTY TO ABATE NUISANCE.
   A person may not knowingly permit or maintain a tree or plant that is a public nuisance on land owned
          by or under the supervision or control of the person. A person must remove a diseased tree or
          plant, or abate the nuisance created by the tree or plant on property owned by or under the
          person’s supervision or control as required by the urban forester.
Source: Section 10-6-2; Ord. 031023-10; Ord. 031211-11.
§ 6-3-43 INSPECTION BY URBAN FORESTER.
   The urban forester may inspect private property to determine if a tree or plant located on the property
          is a nuisance.
Source: 1992 Code Section 10-6-3; Ord. 031023-10; Ord. 031211-11.
§ 6-3-44 RIGHT OF ENTRY AND REMOVAL.
   Except as provided in Section 6-3-45 (Owner’s Consent to Entry), the urban forester may:
   (1) enter property during regular business hours to inspect a tree or plant; and
   (2) remove a specimen to analyze for the existence of infection.
Source: 1992 Code Section 10-6-3; Ord. 031023-10; Ord. 031211-11.
§ 6-3-45 OWNER’S CONSENT TO ENTRY.
   (A) Except as provided in Subsection (C), the urban forester may not enter property without the
          permission of the owner.
   (B) Before entering private property to conduct an inspection, the urban forester must:
       (1) locate the owner of property that is occupied or make a reasonable effort to locate the owner
          of unoccupied property;
       (2) inform the owner that the urban forester has a right of entry; and
       (3) request permission to enter the property.
   (C) If the owner of private property refuses to permit inspection by the urban forester, the city may
          exercise any available legal remedy to secure entry.
Source: 1992 Code Section 10-6-3; Ord. 031023-10; Ord. 031211-11.
§ 6-3-46 NOTICE OF ABATEMENT.
   (A) Subject to the provisions of Section 6-3-48 (Review of Recommendation to Remove Protected
          Tree), the urban forester shall send written notice of abatement to the owner of property
          containing a nuisance tree or plant. Notice under this section must include:
       (1) a statement identifying the nuisance tree or plant;
       (2) a description of the required corrective action to abate the nuisance;
       (3) a statement that the owner must abate the nuisance not later than the 10th business day
          after the date of the notice; and
       (4) a statement that any cost incurred by the city to abate the nuisance will be assessed against
          the owner as a lien against the property.
   (B) Except as provided in Subsection (C), the urban forester must serve notice of abatement by
          registered mail or personal delivery.
   (C) If the urban forester cannot locate the owner of property containing a nuisance tree or plant, the
          urban forester may post notice under this section on the nuisance tree or plant.
Source: 1992 Code Sections 10-6-4, 10-6-6, and 10-6-7; Ord. 031023-10; Ord. 031211-11.
§ 6-3-47 APPEAL OF NOTICE OF ABATEMENT.
   (A) The owner of property containing a nuisance tree or plant may appeal a notice of abatement to
          the board in writing delivered to the urban forester within the time allowed to complete
          abatement of the nuisance.
   (B) If an owner requests an appeal of a notice of abatement within the time allowed to complete
          abatement of the nuisance, the urban forester shall schedule a meeting of the board to consider
          the appeal.
   (C) An appeal under this section shall stay the urban forester’s decision and notice of abatement.
   (D) The board may overrule, sustain, or modify the urban forester’s decision. If the board
          determines that a tree or plant constitutes a nuisance, the board shall determine the date by
          which the action necessary to abate the nuisance must be completed.
Source: 1992 Code Section 10-6-5; Ord. 031023-10; Ord. 031211-11.
§ 6-3-48 REVIEW OF RECOMMENDATION TO REMOVE PROTECTED TREE.
   (A) Not later than the 10th business day before delivery of owner notification under Section 6-3-46
            (Notice of Abatement), the urban forester shall submit to the city arborist a written request for
            review of removal of a protected tree under the jurisdiction of Subchapter B, Article 1 (Tree and
            Natural Area Protection) of Chapter 25-8 (Environment) of the Code.
   (B) The city arborist shall respond to the urban forester with written comments not later than the
            10th day after the date the request for review was submitted.
Source: 1992 Code Section 10-6-8; Ord. 031023-10; Ord. 031211-11.
§ 6-3-49 PUBLIC RIGHT TO ABATE NUISANCE.
   (A) If an owner fails to abate a nuisance by the date specified by the urban forester or board, the
            urban forester may take corrective action to abate the nuisance.
   (B) The City shall assess costs incurred under this section against the owner and as a lien against
            the property.
Source: 1992 Code Section 10-6-6; Ord. 031023-10; Ord. 031211-11.
§ 6-3-50 NOTICE OF COST OF PUBLIC ABATEMENT.
   If the city has incurred an expense under Section 6-3-49 (Public Right to Abate Nuisance), the urban
            forester shall deliver a statement of expense to an owner by certified mail or personal delivery.
Source: 1992 Code Section 10-6-6; Ord. 031023-10; Ord. 031211-11.
§ 6-3-51 OWNER’S DUTY TO REIMBURSE COST OF PUBLIC ABATEMENT.
   (A) The owner shall reimburse the City for the cost of abatement of a nuisance under this article.
   (B) Not later than the 30th day after the date a statement of expense is mailed under Section 6-3-50
            (Notice of Cost of Public Abatement), an owner must:
        (1) pay the full amount of the statement to the Parks and Recreation Department; or
        (2) execute a written agreement with the Parks and Recreation Department to pay the full
            amount of the statement of expense not later than the expiration of six months after the date
            the statement was mailed.
Source: 1992 Code Section 10-6-6; Ord. 031023-10; Ord. 031211-11.
§ 6-3-52 NOTICE OF LIEN.
   (A) If the City has incurred an expense under Section 6-3-49 (Public Right to Abate Nuisance), the
            urban forester shall file a certified notice of lien with the county clerk in the county in which the
            property containing a nuisance tree or plant is located. A notice of lien under this section must
            include:
        (1) a description of the property;
        (2) a statement of expenses incurred by the City;
        (3) a description of the work performed by the City; and
        (4) the name of the owner of the property.
   (B) A lien under this section is superior to a lien against the property, except a lien for ad valorem
            taxes or street improvements.
   (C) Interest on the lien amount accrues at the rate of 10 percent annually.
Source: 1992 Code Section 10-6-7(A); Ord. 031023-10; Ord. 031211-11.
§ 6-3-53 EXECUTION OF JUDGMENT AND FORECLOSURE.
   (A) The City may file suit against the owner of property subject to costs incurred under Section 6-3-
            49 (Public Right to Abate Nuisance) to:
        (1) obtain a personal judgment against the owner; and
        (2) foreclose on the lien against the property established under Section 6-3-52 (Notice of Lien).
   (B) Not later than the 60th day before the date of a foreclosure sale under this section, the City shall
            mail notice to each record mortgage holder on the property by certified mail. Notice under this
            section shall state that the city has a priority lien for costs incurred to abate a public nuisance.
Source: 1992 Code Sections 10-6-6, and 10-6-7(B) and (C); Ord. 031023-10; Ord. 031211-11.
§ 6-3-54 PENALTY.
   A person who violates this article commits a Class C misdemeanor and is subject to the penalty
            prescribed by Section 1-1-99 (Offenses; General Penalty).
Source: 1992 Code Section 10-6-4; Ord. 031023-10; Ord. 031211-11.

                                       ARTICLE 4. PUBLIC TREES.
                                      Division 1. General Provisions.
§ 6-3-61 DUTY TO PROTECT PUBLIC TREE.
   (A) Except as provided in Section 6-3-77 (Exceptions to Requirement for Administrative Approval) a
          person on public property may not:
       (1) damage, top, cut, carve, transplant, or remove a public tree;
       (2) allow a harmful substance to contact a public tree;
       (3) set fire to a tree or permit a fire to burn that could injure a public tree; or
       (4) place or store impervious cover or material that impedes the passage of water, air, or
          nutrients to the roots of a public tree.
   (B) Except as provided by ordinance or rule, a person who excavates or performs construction on
          public property shall surround each public tree in the work area with a fence built at least four
          feet tall and at least two feet distant from the perimeter of the tree trunk. A person may not
          allow building material, dirt, or other debris to accumulate inside the fence.
Source: 1992 Code Section 15-10-7; Ord. 031023-10; Ord. 031211-11.
§ 6-3-62 RESTRICTION ON LOCATION OF TREE ON PUBLIC PROPERTY.
   A person may not plant a tree on public property within:
   (1) 10 lateral feet of an overhead utility line if the tree may reach a height of 20 feet; or
   (2) five lateral feet of an underground utility line.
Source: 1992 Code Section 15-10-6(B); Ord. 031023-10; Ord. 031211-11.
§ 6-3-63 LIABILITY FOR DAMAGE TO A PUBLIC TREE.
   (A) A person who damages a public tree is liable to the City for the loss of tree value.
   (B) If the damage to a public tree results in treatment or removal of the tree, a person who damages
          the tree is liable for the cost of treatment or removal.
   (C) The urban forester may determine the tree value of a public tree and assess the cost against the
          person who caused the damage.
   (D) As prescribed by Section 6-3-91 (Appeal of Action of Urban Forester), a person may appeal the
          urban forester’s determination of the tree value to the board.
   (E) The damages authorized by this section are cumulative of other remedies available to the City.
   (F) The urban forester shall deposit damages recovered under this section to the Planting for the
          Future Trust in Agency Fund to plant public trees.
Source: 1992 Code Section 15-10-8; Ord. 031023-10; Ord. 031211-11.
§ 6-3-64 TREE USE IN CAPITAL IMPROVEMENTS.
   (A) The director of the Transportation, Planning, and Sustainability Department shall:
       (1) dedicate one percent of actual construction cost of a new roadway or capacity expansion
          project that increases the total lane miles in the city’s road system to plant trees; and
       (2) create an additional fund to tend trees planted under this section for two years from the date
          the trees are planted.
   (B) The director of the Transportation, Planning, and Sustainability Department may only fund tree
          use or care from general obligation road project bond proceeds authorized by ordinance.
   (C) The urban forester shall consult with the director of the Transportation, Planning, and
          Sustainability Department on the inclusion of trees in the development, planning, and design of
          a capital improvement to the city’s road system.
Source: 1992 Code Section 15-10-9; Ord. 031023-10; Ord. 031211-11.
§ 6-3-65 COOPERATIVE AGREEMENT TO PLANT TREES.
   Except as prescribed by Chapter 14-11 (Use of Right-of-Way), the urban forester may enter into an
          agreement with a non-profit organization to allow the organization to plant trees on public
          property.
Source: 1992 Code Section 15-10-5(G); Ord. 031023-10; Ord. 031211-11.

                                Division 2. Administrative Approvals.
§ 6-3-71 ADMINISTRATIVE APPROVAL REQUIRED.
   (A) Except as provided in Section 6-3-77 (Exceptions to Requirement for Administrative Approval), a
          person must obtain approval from the urban forester to maintain, remove or damage a tree on
          public property.
   (B) A person must complete work on a tree on public property:
       (1) in compliance with the terms of the administrative approval; and
       (2) within the time period prescribed by the administrative approval.
Source: 1992 Code Sections 15-10-5(A)(1) and (3); Ord. 031023-10; Ord. 031211-11.
§ 6-3-72 APPLICATION FOR ADMINISTRATIVE APPROVAL.
   A person must file an application with the urban forester on a form approved by the urban forester not
          less than the fifth business day before the person intends to begin work on public property that
          may affect a public tree.
Source: 1992 Code Section 15-10-5(A)(2); Ord. 031023-10; Ord. 031211-11.
§ 6-3-73 PROCEDURE FOR ADMINISTRATIVE APPROVAL.
   (A) If the urban forester determines that an application for administrative approval demonstrates that
          proposed work on a tree on public property is in compliance with Section 6-3-6 (Standards of
          Care for a Tree or Plant on Public Property), the urban forester shall grant an administrative
          approval. An administrative approval granted under this section must contain an expiration
          date.
   (B) If the urban forester fails to act on an application for administrative approval on or before the
          15th business day, an administrative approval based on the terms of the application is granted.
   (C) The urban forester may not charge a fee for processing an application for administrative
          approval.
Source: 1992 Code Sections 15-10-5(A)(1), (2), and (3); Ord. 031023-10; Ord. 031211-11.
§ 6-3-74 ANNUAL ADMINISTRATIVE APPROVAL.
   (A) The urban forester may grant an annual administrative approval, effective from January 1st to
          December 31st to an applicant who regularly maintains trees on public property.
   (B) An administrative approval granted under this section:
       (1) must require compliance with Section 6-3-6 (Standards of Care for a Tree or Plant on Public
          Property); and
       (2) may not permit removal of a public tree.
   (C) The urban forester may refuse to grant an annual administrative approval to a person who has
          violated the terms of this article.
   (D) A person granted an annual administrative approval must file quarterly reports with the urban
          forester describing the work completed during the reporting period.
Source: 1992 Code Section 15-10-5(B); Ord. 031023-10; Ord. 031211-11.
§ 6-3-75 REQUIREMENT TO REPLACE TREE.
   (A) The urban forester may require a person who requests administrative approval to remove a tree
          on public property to plant a replacement tree or make a payment equal to the value of a
          replacement tree.
   (B) The urban forester may waive the requirements of this section if the urban forester determines
          that the applicant cannot afford to plant a replacement tree.
   (C) If a person fails to plant a replacement tree required under this section, the urban forester may
          plant the replacement tree and collect all charges incurred by the city from the person.
   (D) The urban forester shall deposit funds collected under this section in the Planting for the Future
          Trust in Agency Fund to plant public trees.
Source: 1992 Code Section 15-10-5(D); Ord. 031023-10; Ord. 031211-11.
§ 6-3-76 REVOCATION OF APPROVAL FOR NON-COMPLIANCE.
   (A) The urban forester may revoke an administrative approval if the applicant fails to comply with the
          terms of this article, the application, the administrative approval, or a rule.
   (B) The urban forester shall send written notice to the applicant before approval is revoked. Notice
          under this section must include a statement that the applicant may request a hearing under
          Section 6-3-91 (Appeal of Action of Urban Forester) before approval is withdrawn.
Source: 1992 Code Sections 15-10-5(A)(3) and (E); Ord. 031023-10; Ord. 031211-11.
§ 6-3-77 EXCEPTIONS TO REQUIREMENT FOR ADMINISTRATIVE APPROVAL.
   (A) A city department or city contractor may maintain public trees in compliance with Section 6-3-6
          (Standards of Care for a Tree or Plant on Public Property).
   (B) A person may remove a tree or limb if a hazardous or dangerous condition exists because the
          tree or limb has fallen or is in imminent danger of falling.
   (C) A person may remove a fallen tree or limb that blocks pedestrian or vehicular travel on a street
          or sidewalk.
   (D) A public utility may remove a fallen tree or limb or a tree or limb that is in danger of falling to
          restore service or prevent damage to a utility line or facility.
   (E)   A person who complies with Section 6-3-62 (Restriction of Location of Tree on Public Property)
          or Section 6-3-64 (Tree Use in Capital Improvements) may perform work authorized by a site
          plan, subdivision development, or other development permit issued by the City.
  (F) The urban forester may permit a person to perform minor maintenance on a public tree in
          compliance with Section 6-3-6 (Standards of Care for a Tree or Plant on Public Property).
Source: 1992 Code Sections 15-10-5(F) and 15-10-7 ; Ord. 031023-10; Ord. 031211-11.

                                  Division 3. Appeal Process and Penalty
§ 6-3-91 APPEAL OF ACTION OF URBAN FORESTER.
   As prescribed by Section 6-3-93 (Procedure for Appeal to Board), a person may appeal to the board
          the urban forester’s:
   (1) determination of conditions in an administrative approval;
   (2) denial of an application for an administrative approval; or
   (3) revocation of an administrative approval.
Source: 1992 Code Section 15-10-10(A); Ord. 031023-10; Ord. 031211-11.
§ 6-3-92 APPEAL OF TREE VALUE.
   As prescribed by Section 6-3-93 (Procedure for Appeal to Board), a person may appeal the urban
          forester’s determination of tree value under Section 6-3-63 (Liability for Damage to a Public
          Tree) or Section 6-3-75 (Requirement to Replace Tree) to the board.
Source: 1992 Code Sections 15-10-5(D), 15-10-8(A), and 15-10-10(A) and (B); Ord. 031023-10; Ord.
          031211-11.
§ 6-3-93 PROCEDURE FOR APPEAL TO BOARD.
   (A) A person must file a written notice of appeal under Section 6-3-91 (Appeal of Action of Urban
          Forester) or Section 6-3-92 (Appeal of Tree Value) not later than the 10th day following the
          urban forester’s determination.
   (B) The board shall hold a hearing not later than the 30th day following receipt of a notice of appeal,
          or at the earliest available date. The appellant shall be permitted to present evidence and
          testimony at the hearing. The board may overrule, sustain, or modify the urban forester’s
          determination.
   (C) The board shall send written notice of a hearing to the appellant, including the date and time of
          the hearing and a statement that the person may present evidence and testimony.
Source: 1992 Code Sections 15-10-5(D), 15-10-8(A), and 15-10-10(A) and (B); Ord. 031023-10; Ord.
          031211-11.
§ 6-3-94 APPEAL OF BOARD DECISION.
   (A) A person may appeal a decision of the board to the Planning Commission.
   (B) The Planning Commission shall hold a hearing not later than the 30th day following receipt of a
          notice of appeal, or at the earliest available date. The appellant shall be permitted to present
          evidence and testimony at the hearing. The Planning Commission may overrule, sustain, or
          modify the board's decision.
   (C) The Planning Commission shall send written notice of a hearing to the appellant, including the
          date and time of the hearing and a statement that the person may present evidence and
          testimony.
   (D) An appeal under this section shall stay the board's decision and work is suspended.
Source: 1992 Code Section 15-10-10(C); Ord. 031023-10; Ord. 031211-11.
§ 6-3-95 PENALTY.
   A person who violates this article commits a Class C misdemeanor and is subject to the penalty
          prescribed by Section 1-1-99 (Offenses; General Penalty) not to exceed $100 for each offense.
          Each occurrence of a violation of this article is a separate offense.
Source: 1992 Code Section 15-10-99(B) and (C); Ord. 031023-10; Ord. 031211-11.
Austin Technical Manuals - Standard Specifications
Preservation of Trees and Other Vegetation (610S) 03/27/2000
610S.1 Description
This item shall govern the proper care and treatment of all trees and other vegetation in the vicinity of any
development activity.
This specification is applicable for projects or work involving either inch-pound or SI units. Within the text
and accompanying tables, the inch-pound units are given preference followed by SI units shown within
parentheses.
610S.2 Submittals
The submittal requirements for this specification item shall include:
A.     Identification of the location, type of protective fencing (i.e. A, B or C), materials of construction and
        installation details;
B.      Proposed tree dressing;
C.      Type, location and construction details for proposed tree wells;
D. Location, type, materials of construction and installation details for permeable paving;
E. Type and rate of application of fertilizer;
610S.3 Materials
A. Protective Fencing
Protective fencing is designated as the materials used to protect the root zones of trees as illustrated in
City of Austin Standard Detail 610S-1. Three basic types of protective fencing materials are allowed by
the City of Austin. Type A and Type B are typical applications and shall be installed where damage
potential to a tree root system is high, while Type C shall be installed where damage potential is minimal.
The specific type of protective fencing for the work shall be as indicated on the Drawings. Type C fence
materials shall be subject to approval by the City Arborist for Site Permit Projects, or the Engineer or
designated representative for The City of Austin administered projects. Type C fencing shall be replaced
by Type A or Type B fencing as directed by the Engineer or designated representative if it fails to perform
the necessary function.
1. Type A Chain Link fence (Typical Application-high potential damage)
    Type A protective fencing shall be installed in accordance with City of Austin Standard Details 610S-2
     and 610S-4 and shall consist of a minimum five-foot (1.5 meters) high chain link fencing with tubular
     steel support poles or "T" posts.
2. Type B Wood Fence (Typical Application-high potential damage)
    Type B protective fencing shall be installed in accordance with City of Austin Standard Details 610S-3
     and 610S-5 and shall consist of any vertical planking attached to 2x4-inch (50 x 100 mm) horizontal
     stringers which are supported by 2x4-inch (50 x 100 mm) intermediate vertical supports and a 4x4-
     inch (100 x 100 mm) at every fourth vertical support .
3. Type C Other Materials (Limited Application-minimal potential damage)
    The following materials may be permitted as alternates for limited or temporary applications (3 days or
     less) where tree damage potential is minimal (as determined by the City Arborist or designated
     representative for Site Permit Projects, or the Engineer or designated representative on City of Austin
     administered projects):
(a) High visibility plastic construction fencing.
    The fabric shall be 4 feet (1.2 meters) in width and made of high density polyethylene resin, extruded
     and stretched to provide a highly visible international orange, non-fading fence. The fabric shall
                               o         o       o       o
     remain flexible from -60 F to 200 F (-16 C to 93 C) and shall be inert to most chemicals and acid.
     The fabric pattern may vary from diamond to circular with a minimum unit weight of 0.4 lbs./Ft. (0.6
     kilograms per meter).
    The fabric shall have a 4 foot (1.2 meters) width minimum tensile yield strength (Horizontal) of 2000
     psi [13.9 megaPascals], ultimate tensile strength of 2680 psi [18.5 megaPascals] (Horizontal) and a
     maximum opening no greater than 2 inches (50 mm).
(b) Other approved equivalent restraining material.
    The fencing materials, identified in (a) and (b) above, shall be supported by steel pipe, tee posts, U
     posts or 2" x 4" (50 mm x 100 mm) timber posts that are a minimum of 5-1/2 feet (1.68 meters) in
      height and spaced no more than 8 feet (2.44 meters) on centers. The fabric shall be secured to post
      by bands or wire ties.
B.      Trunk Protection (Limited Application)
When indicated on the Drawings or directed by the City Arborist or designated representative for Site
      Permit Projects or the Engineer or designated representative for City of Austin administered projects,
      tree trunk protection shall be provided in accordance with City of Austin Standard Details 610S-4 and
      610S-5. Tree trunk protection shall consist of any 2 x 4-inch (50 x 100 mm) or 2 x 6-inch (50 x 150
      mm) planking or plastic strapping.
C.      Tree Dressing
Tree dressing of any damaged areas shall be accomplished using any approved asphaltic tree wound
      paint, immediately after damage occurs.
D.      Tree Wells for Raised Grades
When existing grades are raised by more than 6 inches (150 mm), the tree root system shall be protected
      by the installation of tree wells in accordance with City of Austin Standard Detail 610S-6. Native
      stone, railroad ties or equivalent timber shall be used for the separator wall of the well and PVC
      conforming to ASTM D-2729, SDR-35 shall be used for the aeration systems in fill areas.
E.      Permeable Paving (Environmental Criteria Manual Section 3.5.A.1)
     Permeable segmented pavers in conjunction with PVC pipe aeration system or concrete on gravel
      base with cored holes shall be used to protect existing tree root zones when indicated on the
      Drawings or directed by the City Arborist or designated representative for Site Permit Projects or the
      Engineer or designated representative for City of Austin administered projects.
F.      Fertilizer
Fertilizer shall conform to City of Austin Standard Specification Item No. 606S, "Fertilizer".
610S.4 Construction Methods
A. Protective Fencing
All trees and shrubs in the proximity of the construction site shall be carefully checked for damage prior to
initiation of any development activity.
All individual trees, shrubs, and natural areas scheduled for preservation shall be protected during
construction with temporary fencing as indicated on the Drawings or directed by the City Arborist or
designated representative for Site Permit Projects or the Engineer or designated representative for City of
Austin administered projects.
Protective fences (section 610S.3.A) shall be installed prior to the start of any site preparation work
(clearing, grubbing, or grading), and shall be maintained in functioning condition throughout all phases of
the construction project.
Protective fence locations in close proximity to intersecting streets or drives shall adhere to the sight
distance (Section 1.3.1.C.6) and desirable sight triangle (Figure 1-6 criteria found in the City of Austin
Transportation Criteria Manual).
1. Protective fences shall be constructed at the locations (typically the outer limits of the Critical Root
      Zone) and with materials indicated on the Drawings to prevent the following (Environment Criteria
      Manual, Appendix P-2, Note 6):
(a).     Soil compaction in the root zone area resulting from vehicular traffic or storage of equipment or
      materials.
(b).     Root zone disturbances due to grade changes [greater than 6" (150 mm) cut or fill] or trenching
      not reviewed and authorized by the City Arborist or designated representative or the Engineer or
      designated representative.
(c). Damage to exposed roots, trunks or limbs by mechanical equipment.
(d). Other activities detrimental to trees such as chemical storage, concrete truck cleaning, and fires.
2. Exceptions to the installation of protective fences at the tree drip lines may be permitted in the following
      cases:
(a).     Where there is to be an approved grade change, impermeable paving surface, tree well, or other
      such site development, the fence shall be erected approximately 2 to 4 feet (0.6 to 1.2 meters)
      beyond the area of disturbance;
(b).     When permeable paving is to be installed within a tree drip line, the fence shall be erected at the
      outer limits of the permeable paving area (prior to any site grading so that this enclosed area is
      graded separately to minimize root damage);
(c).     When trees are located close to a proposed building or other construction activity (Environment
     Criteria Manual, Appendix P-2, Note 6.c), the fence shall be erected to allow 6 to 10 feet (1.8 to 3
     meters) work space between the fence and the structure and apply organic mulch to a depth of four
     (4) to six (6) inches [100 to 150 mm] in the unprotected root zone area;
(d). When there are street-side pedestrian walkways, fences shall be constructed in a manner that does
     not obstruct safe passage;
(e).     When there are severe space constraints due to tract size or other special requirements, the
     Contractor shall contact the City Arborist on Site Permit projects or the Engineer or designated
     representative for City Administered projects to discuss alternatives.
When any of the exceptions listed above will result in a fence being located closer than five (5) feet (1.5
     meters) to a tree trunk, the Contractor shall also protect the trunk with strapped-on planking to a
     height of 8 feet [2.4 meters] (or to the limits of lower branching) in addition to the reduced fencing
     required (City of Austin Standard Details 610S-4 and 610S-5).
B.     Repair of Damage
    Tree roots scarred by equipment shall be cut cleanly and covered with topsoil. When tree roots are
pruned, a comparable portion of selected branches shall be cut from the tree on the opposite side. Limb
pruning shall be made at the branch collar as indicated on the Drawings. All limbs greater than 1 inch (25
mm) in diameter shall be precut in accordance with ANSI 300 pruning methods to prevent splitting. All cut
limbs shall be treated with an approved tree dressing. Tools shall be disinfected with alcohol or 5 ppm
chlorine solution between repairs to trees to prevent the transmission of diseases from one tree to
another.
    All trees damaged during construction shall receive an application of fertilizer within the drip line
conforming to Standard Specification Item No. 606S, "Fertilizer" at the rate of 4 pounds per caliper inch
(.07 kilograms per caliper mm).
C.      Cutting and Filling Around Trees
When the depth of an excavation or embankment exceeds 6 inches (150 mm within the drip line of any
tree with a diameter greater than 8 inches (200 mm), a tree well (Section 610S.3.D and City of Austin
Standard Detail 610S-6) shall be constructed to protect the tree as indicated on the Drawings.
D. Paving Around Trees
    Where paving within the dripline of any tree greater than a 6 inch (150 mm) diameter is necessary, a
permeable pavement and aeration system (Section 610S.3.E, Environmental Criteria Manual Section
3.5.A.1 and Figure 3-8) must be installed as indicated on the Drawings, except for street construction.
E.     Tree Removal
Any trees which are indicated on the Drawings for removal or which may interfere with the construction
shall be removed subject to the approval of the Engineer or designated representative. Trees with
diameters that exceed 19 inches (483 mm) as measured 4 1/2 feet (1.37 meters) above the existing
ground, shall require review by the City Arborist or designated representative (Environmental Criteria
Manual Section 3.3.2.A.2) prior to removal in accordance with the Tree Ordinance (Land Development
Code Section 25-8-623). When a tree or shrub is scheduled for removal, it shall be cut to a depth of 12
inches (300 mm) below the surrounding ground line. After removal, soil shall be placed in the hole to a
depth matching the existing grade. The tree shall be cut into sections that can be managed, removed
from the site and disposed of. All work shall be conducted in such a manner as to protect all facilities,
improvements and vegetation in the work area.
All damage resulting from tree removal or pruning shall be repaired at the Contractor's own expense.
F. Final Cleanup
All temporary tree and shrub preservation and protection measures shall be removed when the
construction has been completed.
610S.5 Measurement
Tree and shrub trimming, fencing, drains, fertilization, etc. will not be measured for payment unless
included as a contract pay item. Tree wells for tree protection will be measured by the units, complete in
place, conforming to the Drawings and City of Austin Standard Detail 610S-6, "Tree Protection, Tree
Wells".
610S.6 Payment
The work and materials prescribed herein with the exception of the Tree Wells will not be paid for directly
but shall be considered subsidiary to other items unless a payment item is included as a contract pay
item.
Payment will be made under:
Pay Item 610S-A:       Protective Fencing Type A Chain Link fence
      (Typical Application-high damage potential)    Per Lineal Foot
Pay Item 610S-B:      Protective Fencing Type B Wood Fence
      (Typical Application-high damage potential)    Per Lineal Foot
Pay Item 610S-C:      Protective Fencing Type C Other Materials
      (Limited Application-minimal damage potential)     Per Lineal Foot
Pay Item 610S-D:       Tree Well (Tree Protection)    Per Each.
End
SPECIFIC CROSS REFERENCE MATERIALS
City of Austin Standard Specification Items
Designation              Description
Item No. 606S             Fertilizer
City of Austin Standard Details
Designation               Description
Item No. 610S-1            Tree Protection Fence Locations
Item No. 610S-2            Tree Protection Fence, Type A, Chainlink
Item No. 610S-3            Tree Protection Fence, Type B, Wood
Item No. 610S-4            Tree Protection Fence, Modified Type A, Chainlink
Item No. 610S-5            Tree Protection Fence, Modified Type B, Wood
Item No. 610S-6            Tree Protection, Tree Wells
City of Austin Transportation Criteria Manual
Designation                Description
Section 1.3.1.C.6     Sight Distance
Figure 1-6     Desirable Sight Triangle
City of Austin Environmental Criteria Manual
Designation               Description
Appendix P-2, Note 6 Exceptions to Installing Fences
Appendix P-2, Note 6c Trees close to proposed buildings-----
Section 3.3.2.A.2 Diameter of trees------
Section 3.5.0     Design Criteria
Section 3.5.3.A.1 Permeable Paving
Figure 3-8     Example of Minimum Design Criteria Applied to Permeable Parking
City of Austin Land Development Code
Designation                     Description
Section 25-8-623 Inspection by City Arborist
ASTM, American Society for Testing and Materials
Designation                     Description
D-2729      Specification for Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings
RELATED CROSS REFERENCE MATERIALS
Specification 610S, “Preservation of Trees and Other Vegetation”
City of Austin Standard Specification Items
Designation                     Description
Item No. 101S            Preparing Right of Way
Item No. 102S            Clearing and Grubbing
Item No. 111S            7Excavation
Item No. 120S            Channel Excavation
Item No. 132S            Embankment
Item No. 606S            Fertilizer
Item No. 608S            Planting
Texas Department of Transportation: Standard Specifications for Construction and Maintenance of
       Highways, Streets, and Bridges
Designation                 Description
Item No. 100   Preparing Right of Way
Item No. 110   Excavation
Item No. 132   Embankment
Item No. 158   Specialized Excavation Work
Item No. 160   Furnishing and Placing Topsoil
Item No. 166   Fertilizer
Item No. 168   Vegetative Watering
STANDARDS – ENVIRONMENTAL (SERIES 600)
Number Standard
610S-1 Tree Protection Fence Locations
610S-2 Tree Protection Fence Type A – Chain Link
610S-3 Tree Protection Fence Type B - Wood
610S-4 Tree Protection Fence Modified Type A – Chain Link
610S-5 Tree Protection Fence Modified Type B - Wood
610S-6(1) Tree Protection, Tree Wells
610S-6(2)
TRANSPORTATION CRITERIA MANUAL
SECTION 5 – DRIVEWAYS

5.1.0 GENERAL
This section provides minimum and desirable design criteria, provisions and requirements for safe and
convenient access to abutting private property along streets and highways. The intent is to assure that
access is provided to abutting private property with a minimum of interference with the free and safe
movement of vehicular and pedestrian traffic and to prevent traffic congestion arising from vehicular entry
to or exit from abutting private property. The right of the public to free and unhampered passage of the
public streets shall be held paramount to other interests. Regulated limitation of access is necessary on
arterials to enhance their primary function of mobility. Conversely, the primary function of local roads and
streets is to provide access. Figure 1-2 in Appendix H of this manual reflects the relationship of street
classifications with access and mobility.
5.2.0 TYPES OF DRIVEWAYS
There are three (3) basic types of driveways.
5.2.1 Type I
A concrete driveway approach designed and intended to serve as access from a roadway to a lot or
parcel of land which is a location for a one (1) or two (2) family residence.
5.2.2 Type II
A concrete driveway approach designed and intended to serve as access from a roadway to a lot or
parcel of land used for any development or purpose other than one or two family residences.
5.2.3 Type III
A temporary asphalt driveway approach intended to provide vehicular access to a lot or parcel of land,
such access being from a roadway not yet constructed to permanent lines and grades or a roadway not
having curb and gutter. Driveways shall be reconstructed under Type I or Type II standards within 60
days after construction of the abutting street to permanent line and grade with concrete curb and gutter.
See Figure 5-1 in Appendix H of this manual. Type III driveways serving one or two-family residences
shall be designed in accordance with the criteria in Table 5-1. Type III driveways serving other land uses
shall be designed in accordance with the criteria in Table 5-2.
Tables 5-1 and 5-2 specify design criteria for the various types of driveways.
5.3.0 DESIGN CRITERIA
5.3.1 General
      A. If a curb inlet is present there shall be ten (10) feet between the inlet opening and the edge of a
      driveway curb return.
      B.    Access to alleys requires approval by the Directors of the Public Works Department and the
      Transportation, Planning and Sustainability Department. Access to and from unimproved alleys is
      discouraged.
      C. The angle of driveway approach shall be approximately 90 degrees for two (2) way driveways,
      45-90 degrees for one (1) way driveways.
      D.     Unless approved by the Directors of the Public Works Department and the Transportation,
      Planning and Sustainability Department, one-way driveways shall be prohibited on two-way
      undivided streets. In addition, one-way driveways are limited to developments where two-way
      access is unfeasible because of special design considerations, such as severe site constraints, the
      need for circular drop-offs or other circumstances where one-way circulation may be preferred to
      two-way access. Examples of such developments include public and private schools, day care uses,
      car wash facilities and existing developments or small sites where two-way circulation is impractical
      (see Figure 9-9 in Appendix H of this manual for design criteria of semicircular drop-offs). Where
      one-way access is proposed, developments shall be designed to promote one-way, on-site
      circulation in support of the one-way drives. Circular drop-offs and one-way driveways shall be
      designed to prevent conflicts with traffic access, parking and on-site circulation. Priority, however,
      shall be directed towards reducing the number of driveway approaches along Principal Roadways
      and Arterial streets to limit conflict points and enhance traffic flows along such roadways. All one-
      way driveways separated by more than 15 feet (measured from edge to edge) must be signed for
      one-way operation.
 E.    Areas used as motor vehicle service stations or parking lots shall have a six (6) inch raised
 curb along the entire street frontage except at the driveway approaches and access sidewalks.
 F.    Where Type I driveways are not appropriate, head-in, back-out parking is generally prohibited
 on all streets and alleys. Such a condition requires the approval of the Director of the Public Works
 Department. Other alternatives, however, should be encouraged when possible.
 G.      All driveways must be constructed within the street frontage of the subject property, as
 determined by extending the side property lines to the curb line. Neither the driveway nor the curb
 returns shall overlap adjacent property frontage without written approval from the adjacent property
 owner.
 H.    Common driveways may be approved provided that a permanent written access easement is
 obtained. The developer must include a plat note and provide dedication documents indicating that
 maintenance of the joint use driveway shall be the responsibility of the lot owners served by the joint
 use driveway. If more than three (3) residences are to be served by a single joint use driveway, the
 following requirements apply:
                1. The developer must post fiscal surety for the construction of the joint use driveway
        prior to plat approval and must construct the driveway during the construction of the streets
        within the same subdivision, or within the term of the fiscal instrument if no public or private
        streets are to be constructed within the subdivision. The driveway construction shall be
        subject to City inspection and obtain City approval before fiscal will be released.
                2. The developer must construct a driveway, designed by a professional engineer, to
        have an all-weather surface and a pavement structure meeting at least private street
        standards. The driveway must be designed to have no more than 9 inches of water
        overtopping the driveway during the one-hundred year storm event as defined in Sec. 25-7-5
        of the City Code.
                   The developer must construct a turnaround meeting City of Austin Fire Criteria at the
        end of the driveway, or no further than 200 feet from the end of the driveway.
                3. The developer must obtain a written signature from the area fire service providers
        acknowledging their approval of the proposed joint use driveway.
                4.    The joint use access easement will be required to be dedicated as a public utility
        easement and may be required to be dedicated as a drainage easement, unless otherwise
        approved by the Director. In those cases where the joint use access easement is to be
        combined as a public utility and drainage easement, the access agreement for the driveway
        must include a clause indicating that the driveway may be used by public service personnel
        and equipment for servicing public utilities.
                5. If the developer does not use a restrictive covenant to require homeowners to park
        all vehicles off the joint use driveway surface, then the joint use driveway surface must be at
        least 24 feet wide. Otherwise, the driveway surface may be no less than 20 feet wide.
                  6.   The developer must erect signs indicating "private driveway" at the driveway
        entrance and include a plat note indicating that maintenance of the driveway will not be the
        responsibility of the City.
 I.      Driveways may not exceed 70 percent of roadway frontage.
 J.     Type I driveways are to be located no closer to the corner of intersecting rights of way than 60
         percent of parcel frontage or 50 feet, whichever is less. All other driveways are to be located
         no closer to the corner of intersecting rights of way than 60 percent of parcel frontage or 100
         feet; whichever is less. Also, driveways shall not be constructed within the curb return of a
         street intersection.
K.       All Type II and III driveways on undivided arterial streets shall be designed to align with
         opposing streets or driveways or be offset by a minimum of 120 feet (measured from edge to
         edge). All Type II and III driveways on undivided collector streets shall be designed to align
         with opposing streets or driveways or be offset by a minimum of 80 feet (measured from edge
         to edge). All Type II and III driveways on divided streets shall be designed to align with
         median breaks or be offset by a minimum of 100 feet (measured from the nose of the median
         to the nearest edge of the driveway). Alignment of driveways with opposing streets is
         discouraged for signalized intersections unless approved by the Directors of the Public Works
         Department and the Transportation, Planning and Sustainability Department. When such a
         design is approved, the driveway approach may be constructed without an apron and the
        maximum driveway widths in Table 5-2 may be increased to match the cross-section of the
        opposing street.
L.      Premises used as a motor or drive through bank or parking garage may have driveway
        approaches as approved by the Directors of the Public Works Department and the
        Transportation, Planning and Sustainability Department. Said approaches shall be utilized for
        drive-in facilities and shall not be utilized for angle or head-in parking.
M.      It is desirable to minimize the number of driveways on an arterial street in order to reduce the
        number of conflict points and facilitate traffic flow. The dimension in Table 5-2 for spacing
        between driveways should be increased whenever possible so that the number of driveways
        can be reduced. It is recognized, however, that certain existing tracts may not be able to fully
        comply with these standards due to limited frontage or other constraints. When compliance
        with criteria stated in Table 5-2 is precluded due to the location of driveways on adjoining
        properties, attempts should be made to obtain alternative access where feasible, including
        joint access driveways, access easements to adjoining properties or access to intersecting
        streets.
N.      The throat lengths in Table 5-2 may be reduced, if approved by the Watershed Protection
        and Development Review Department and the Directors of the Public Works Department and
        the Transportation, Planning and Sustainability Department, after considering the following
        factors:
                  1. Physical constraints on the site, such as existing structures;
                  2. The impact upon on-site circulation;
                  3. Shallow lot depths or unusual lot configurations;
                  4. Existing or potential traffic movements which are unsafe or which have an
                         adverse effect on traffic operations;
                  5. Traffic volumes and classification on the driveway and the intersecting street;
                  6. Alternatives to the proposed design;
                  7. Other information presented by the applicant; and
                  8. For existing sites, the extent of redevelopment proposed.
                     Throat lengths in excess of those shown in Table 5-2 may be required by the
                         Directors of the Public Works Department and the Transportation, Planning
                         and Sustainability Department if justified by the findings of a traffic impact
                         analysis or queuing study.
O.   Right-turn deceleration lanes should be considered on approach to driveways when criteria
        indicated in Figure 5-3 in Appendix H of this manual is met.
P.   Driveway Grade Breaks.
        The following has been adapted from the ITE report, Guidelines for Driveway Designs and
        Locations. Figure 5-4 in Appendix H of this manual reflects acceptable driveway profile
        intended to limit abrupt changes in grades. These standards should eliminate the need for
        extremely low speeds and provide adequate vehicle clearance. The value of G1 is limited by
        shoulder slope or by the presence of a sidewalk within the right of way, but should not exceed
        ten (10) percent. If this grade exceeds ten (10) percent, then the tangent length shall be a
        minimum of 50 feet. The value of G2 for commercial and industrial driveways should be
        limited to six (6) percent and limited to ten (10) percent for multi-family driveways.
        Where a driveway crosses or adjoins a sidewalk, walkway, or an accessible path of travel (as
        defined by the Americans With Disabilities Act of 1990) the driveway grade shall be a
        maximum of two (2) percent, over a minimum throat length of three (3) feet contiguous with
        the sidewalk, thereby effectively matching the cross slope of the sidewalk or accessible path
        of travel across the full width of the driveway.
Q.      Channelized islands for limited movement driveways conforming to Figure 5-6 in Appendix H
        of this manual may be utilized, provided that the applicant establishes a maintenance
        agreement with the City.
        Where a sidewalk, walkway, or an accessible path of travel, (as defined by the Americans
        With Disabilities Act of 1990) crosses a limited movement driveway island, a minimum four
        (4) foot wide sidewalk, across the island to provide a continuous, uninterrupted detectable
        warnings at the boundaries between the sidewalks and the driveways. Comply with
            applicable requirements of the Sidewalks and Curb Ramps Section 4 of the City of Austin.
            Transportation Design Criteria Manual.
    R.      As provided in Section 25-6-321 of the Land Development Code, existing driveways may be
            required to conform with the standards in this manual, including driveway closing, sidewalk
            and curb construction where appropriate, as a condition of the approval of any application for
            zoning, rezoning, or site plan, approval. In implementing any change in existing driveways,
            the Director of Public Works Department shall consider the recommendation of the
            Watershed Protection and Development Review Department.
    S.      Refer to Section 4.2.3 and 4.2.5 of the Administrative Criteria Manual for the application of
            driveway standards to developed properties and properties with an approved site plan which
            are subject to right-of-way condemnation.
    T.      Where divided driveways are proposed, on-site circulation must be designed to minimize
            driver confusion and reinforce the one-way traffic flow on either side of the driveway median.
5.3.2 Criteria for Various Types of Driveway
Tables 5-1 through 5-4 represent criteria for the various driveway classes.
                                                                  TABLE                                   5-1
   TYPE I DRIVEWAY CRITERIA
                                       Min.                  Desirable                 Max.

SINGLE FAMILY

Width                                  12’                   18’                       25’
                     a
Curb Return Radius                     5’                    5’                        10’
              b
Throat Length                          (Extended to property R.O.W. line-minimum)
                             c
Spacing Between Driveways              (Limited to one driveway per property)
                                  d
DUPLEXES AND TOWNHOMES

Width                                  15’                   18’                       25’
                     a
Curb Return Radius                     5’                    8’                        10’
              b
Throat Length                          (Extended to property R.O.W. line-minimum)

Spacing Between Driveways              10’                   -                         -
b
    Distance from street to first conflict point.
c
    Semicircular driveways acceptable with minimum spacing between driveway entrance and exit of 35
      feet. (measured from inside edge to inside edge of driveway approach at the property line).
d
    When two (2) driveways are used (one (1) per unit/two (2) maximum), single family standards for width
      shall apply.
Source: City of Austin, Department of Public Works and Transportation
  TABLE 5-2
TYPE II COMMERCIAL DRIVEWAY CRITERIA
Driveway           Roadway Type
Type

                   Local     Street,    Commercial       Primary           Minor              Major Arterial,
                   Residential   or     or               Collector         Arterial           PRA,       Hill
                   Neighborhood         Industrial                                            Country
                   Collector            Collector                                             Roadway
                       Min.    Max.    Min.    Max.    Min.     Max.    Min.    Max.    Min.    Max.

ONE WAY
                           a               a                a               a       b       a       b
Width                  15      20      15      20      18       25      18      25      18      25
                                                   c                c               c               c
Curb       Return 10           25      15      25      15       30      20      30      20      30
Radius
               d
Throat Length          –       –       20      –       20       –       40      –       50      –
Distance       50              –       50      –       50       –       75      –       75      –
Between Entry
and Exit Drive
Driveway               50      –       75      –       100      –       150     –       200     –
       e
Spacing
Driveway        –              –       –       –       –        ––      –       –       300     –
Spacing on Hill
Country
Roadway
TWO      WAY
UNDIVIDED
Width                  25      40      25      40      30       40      30      45      30      45
                                                   c                c               c               c
Curb       Return 10           25      15      25      15       30      20      30      20      30
Radius
                   d
Throuat Length         –       –       20      –       20       –       40      –       50

Driveway               50      –       75      –       100      –       150     –       200     –
       e
Spacing
Driveway        –              –       –       –       –        –       –       –       300     –
Spacing on Hill
Country Road

TWO         WAY
DIVIDED
                                   g               g                g               g               g
Width (each side 20            24      20      24      20       24      20      30      20      30
           f
of median)
                                   c               c                c               c               c
Curb       Return 15           25      15      25      15       25      20      30      20      30
Radius
               d
Throat Length          20      –       20      –       20       –       40      –       50      –
              f
Median Width           4       15      4       15      4        15      4       15      4       15
Median Length          10      –       10      –       10       –       20      –       20      –
Driveway               50      –       75      –       100      –       150     –       200     –
       e
Spacing
Driveway        –              –       –       –       –        –       –       –       300     –
Spacing on Hill
Country
Roadway
a
    Greater width may be required for fire department emergency access.
b
    30-foot minimum width may be required on state highways.
c
    Radius may be increased to 40 feet at driveways serving large trucks.
d
    Distance from the edge of pavement to first conflict point.
e
    Special ordinance requirements apply on PRA and Hill Country lRoadways.
f
    On state highways, state standards may vary from City standards.
g
    When a divided driveway is the fourth leg of an intersection, a 36-foot width may be permitted to match
    the opposing street configuration

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:4
posted:10/13/2011
language:English
pages:20