20220202-003a: ECM Section 3.5 Rule Change Summary Presentation — original pdf

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Rule Change Summary Environmental Criteria Manual Section 3.5 City Arborist, Development Services Department Environmental Criteria Manual Update – Q3 2022 Summary of Changes 1. Delete outdated and inaccurate content 2. Address new technology, construction methods, and urban forestry concerns that have become salient since the last significant update in 2011 3. Reorganize and rewrite existing rules to better align with code Environmental Criteria Manual Update – Q3 2022 Authority in Code § 25-8-603 - ADMINISTRATION. (A) A city arborist, appointed by the director of the Planning and Development Review Department, shall implement this article. (B) The Planning and Development Review Department shall adopt administrative rules for the implementation of this subchapter. (C) The rules shall: (1) describe methods to protect trees against damage during development; (2) identify actions that will constitute removal; (3) identify the root areas that require protection against soil compaction or the effects of impervious paving; and (4) identify mitigation measures and methods of calculation for fiscal security to ensure performance of mitigation measures that may be required under article 1 of this subchapter. Environmental Criteria Manual Update – Q3 2022 ECM Section 3 (Current) 3.1 - General 3.2 - Appeals 3.3 – Tree Survey 3.3.1 – Survey Requirements by Jurisdiction 3.3.2 – General Tree Survey Standards 3.3.3 – RESERVED (previously Survey Standards for Environmental Assessments) 3.3.4 – Tree Survey Standards for Hill Country Roadway Corridors 3.4 – RESERVED (previously Tree Physiology) 3.5 – Design Criteria 3.5.1 – Significant Tree Identification 3.5.2 – Tree Preservation Criteria 3.5.3 – Design Constraints and Alternatives 3.5.4 - Mitigation 3.6 – Tree Protection 3.7 – Public Trees Appendix P-6 – Remedial Tree Care Notes Environmental Criteria Manual Update – Q3 2022 ECM Section 3 (Proposed) 3.1 - General 3.2 - Appeals 3.3 – Tree Survey 3.3.1 – Survey Requirements by Jurisdiction 3.3.2 – General Tree Survey Standards 3.3.3 – RESERVED (previously Survey Standards for Environmental Assessments) 3.3.4 – Tree Survey Standards for Hill Country Roadway Corridors 3.4 – RESERVED (previously Tree Physiology) 3.5 – Design Criteria 3.5.1 – Significant Tree Identification 3.5.2 – Preservation 3.5.3 – Design Constraints and Alternatives 3.5.4 - Mitigation 3.6 – Tree Protection 3.7 – Public Trees Appendix P-6 – Remedial Tree Care Notes Environmental Criteria Manual Update – Q3 2022 ECM Section 3.5 (Current) 3.5 – Design Criteria 3.5.1 – Significant Tree Identification 3.5.2 – Tree Preservation Criteria A. Critical Root Zone Impacts B. Crown Impacts C. Deviations From Minimum Criteria 3.5.3 – Design Constraints and Alternatives 3.5.4 – Mitigation A. Replacement Trees B. Natural Area Preservation C. Tree Maintenance. D. Special Construction Techniques E. Transplanting Environmental Criteria Manual Update – Q3 2022 ECM Section 3.5 (Proposed) 3.5 – Design Criteria 3.5.1 – Significant Tree Identification 3.5.2 – Preservation A. Standard Preservation Requirements B. Deviations From Standard Preservation Requirements 1. Critical Root Zone 2. Canopy 1. Remedial Tree Care 2. Low Impact Excavation 3. Transplanting 1. Construction Impacts 2. Existing Conditions C. Design Considerations 3.5.3 – Design Constraints and Alternatives 3.5.4 – Mitigation A. Calculating Mitigation 1. Mitigation Rates 2. Exemptions From Mitigation Requirements B. Forms of Mitigation 1. Replacement Trees 2. Preservation of Unregulated Trees and Natural Areas 3. Alternative Mitigation Environmental Criteria Manual Update – Q3 2022 Summary of Changes 1. Delete outdated and inaccurate content 2. Address new technology, construction methods, and urban forestry concerns that have become salient since the last significant update in 2011 3. Reorganize and rewrite existing rules to better align with code Environmental Criteria Manual Update – Q3 2022 1. Delete outdated and inaccurate content Update 1 - Delete 3.5.1 – Significant Tree Identification Summary of Change: Delete Section 3.5.1 in its entirety. Reason for Change: This section has not been used for tree review for at least the last decade. It reflects an approach to tree assessment during development that is not supported by code or consistent with current City Arborist practice. The presence of this material in rules is confusing for applicants and the public. Environmental Criteria Manual Update – Q3 2022 1. Delete outdated and inaccurate content Update 2: Delete 3.5.3 – Design Constraints and Alternatives Summary of Change: Delete Section 3.5.3 in its entirety. Reason for Change: This section contains very little in the way of actual rules. It mostly consists of suggestions as to how applicants might meet preservation requirements while also satisfying other design constraints, whether from the site or from other City departments. This material is outdated, incomplete, and does not actually serve the function of the rules identified in LDC 25-8-603. Environmental Criteria Manual Update – Q3 2022 1. Delete outdated and inaccurate content Update 3: Delete Appendix P-6 – Remedial Tree Care Notes Summary of Change: Delete Appendix P-6 in its entirety. Reason for Change: The material in this appendix is inconsistent with recommended arboricultural practice. Listing tree care requirements in two places (here and Section 3.5.2) is confusing for applicants. Environmental Criteria Manual Update – Q3 2022 Summary of Changes 1. Delete outdated and inaccurate content 2. Address new technology, construction methods, and urban forestry concerns that have become salient since the last significant update in 2011 3. Reorganize and rewrite existing rules to better align with code Environmental Criteria Manual Update – Q3 2022 2. Address new technology, construction methods, and urban forestry concerns that have become salient since the last significant update in 2011 Update 1: Low Impact Excavation Summary of Change: Create new section (3.5.2.B.2 – Low Impact Excavation) which provides rules for the use of low impact excavation methods and elevated foundation types near regulated trees. Reason for Change: New technology in the form of supersonic air tools has become widespread in the tree industry since the last significant update in 2011. Changing development pressures have resulted in increased use of alternative foundations to make more efficient use of space on lots. Environmental Criteria Manual Update – Q3 2022 Environmental Criteria Manual Update – Q3 2022 2. Address new technology, construction methods, and urban forestry concerns that have become salient since the last significant update in 2011 Update 2: Mitigation Exempt Species Summary of Change: Add Arizona ash (Fraxinus velutina) to the list of species for which mitigation is not required. Remove non-tree species from this list. Designate this list as the Mitigation Exempt Species list. Reason for Change: The inevitable arrival of Emerald Ash Borer in the Austin area in the near future combined with widespread damage from Winter Storm Uri means that the removal of Arizona ashes should be prioritized in the interest of public safety. Renaming and reorganizing the list of species exempt from mitigation will make it more usable for applicants. Environmental Criteria Manual Update – Q3 2022 Summary of Changes 1. Delete outdated and inaccurate content 2. Address new technology, construction methods, and urban forestry concerns that have become salient since the last significant update in 2011 3. Reorganize and rewrite existing rules to better align with code Environmental Criteria Manual Update – Q3 2022 3. Reorganize and rewrite existing rules to better align with code Update 1: Reorganize Section 3.5 Summary of Change: Reorganize Section 3.5 into two subsections, 3.5.2 – Preservation, and 3.5.4 – Mitigation. Reason for Change: This reorganization clarifies the relationship of Section 3.5’s requirements to Code. Code requires either the preservation of regulated trees or mitigation when they are removed. All design requirements pertain to one of these two outcomes. This reorganization better aligns Rules with Code. Environmental Criteria Manual Update – Q3 2022 3. Reorganize and rewrite existing rules to better align with code Update 2: Move Material on Tree Care and Transplants to Preservation Summary of Change: Move material on Tree Care from 3.5.4.C – Tree Maintenance and Appendix P-6 into 3.5.2.B – Deviations from Standard Preservation Requirements. Move 3.5.4.E – Transplanting to 3.5.2.B. Reason for Change: Remedial tree care and transplanting are both options for preserving regulated trees. They are not mitigation for removal of regulated trees. Locating them within the appropriate section of rules clarifies their relationship to Code and avoids confusion about whether or not they count as credit towards mitigation requirements. Environmental Criteria Manual Update – Q3 2022 3. Reorganize and rewrite existing rules to better align with code Update 3: Improve Rules for Mitigation Summary of Change: Rewrite 3.5.4 – Mitigation. Add 3.5.4.B.2 to address requirements to receive mitigation credit for preserving small existing trees. Add 3.5.4.B.3.c to address qualifying criteria for alternative mitigation. Add reference to Texas Local Government Code Section 212.905. Reason for Change: These changes clarify the options and requirements for various forms of mitigation. They improve consistency in the application of mitigation requirements and will also encourage preservation of small unregulated trees. They also add a reference to material in state Code that pertains to mitigation. Environmental Criteria Manual Update – Q3 2022 Additional Changes • Add additional requirement for species diversity in mitigation planting. • Standardize style and spelling throughout document. Environmental Criteria Manual Update – Q3 2022 Timeline for Rule Update Jan 21 – Brief Environmental Commission on updates Jan 31 – SpeakUp Austin page goes live; PIO sends out stakeholder announcement February – SpeakUp Austin page is live for stakeholder comment; 3 stakeholder engagement meetings held during this time March – April – Review feedback and incorporate into update as needed May 3 – Submit to Rules Manager for Interdepartmental Review (pencils down date) July 6 – Notice of Proposed Rule posted with City Clerk August 8 – Sept 14 – Notice of Rule Adoption Environmental Criteria Manual Update – Q3 2022