(A)
Purpose.
The purpose of this Article 4 is to require the preservation
of existing, healthy trees as properties are developed or redeveloped,
and to provide for the replacement of trees when they are removed
for the development and redevelopment of lands.
(B)
Intent.
This Article 4 is intended to require the incorporation of existing
significant trees and tree groupings into the overall design of development
to prevent clear-cutting and the unnecessary removal of trees in association
with site development or redevelopment, and to recognize and conserve
the urban forest as part of the city’s green infrastructure.
Preservation and replacement of trees are beneficial to the public
health and welfare because trees reduce stormwater runoff and erosion,
regenerate oxygen, purify the air of carbon dioxide, dust and pollutants,
moderate local heat and winds and thereby conserve limited energy
resources, delineate urban spaces, buffer conflicting land uses, provide
habitats for wildlife that increases biodiversity, and enhance community
appearance and property values.
(C)
Preservation
to the Greatest Extent Possible.
As development proposals
are made, design alternatives that preserve trees to the greatest
extent possible should be explored. The lawful removal of trees and
their necessary mitigation should only occur where it is determined
that the trees would be inappropriate, impractical, or cost prohibitive
to preserve.
(Ordinance 6773 adopted 5/19/15; Ordinance
7404 adopted 2/21/2023)
(A)
Applicability.
This Article 4 applies to any development or redevelopment, as defined herein, unless specifically exempted in Subsections (B) or (C) below. Further, persons who develop or redevelop property, must comply with the following provisions:
(1)
Applicable development and redevelopment proposals must include a Tree Management Plan and Tree Removal Authorization prior to tree removal in accordance with Division 2 of this Article 4.
(2)
Preservation and mitigation of trees as required herein applies to
any tree that is removed from private or public property as part of
a development or redevelopment.
(B)
Single-Family,
Townhouse and Two-Family Lots.
This Article 4 does not
apply to a protected tree located on a developed single-family, townhouse,
or two-family residential lot contained within a plat of record on
where a residential structure that has been released for occupancy
is located. Those trees located in common areas and the required open
space or screening must be protected in accordance with this Article
4.
(C)
Commercial
or Wholesale Nursery.
This Article 4 does not apply to
a bona-fide, commercial, or wholesale tree nursery to the extent a
tree is held for sale or distribution in the ordinary course of business
of the nursery.
(D)
Damaged, Diseased, or Dead Tree Removal. Any tree that
endangers the public health, safety, or welfare and immediate removal
is required due to structural integrity concerns, or if the tree poses
an imminent or immediate risk to a person or property the tree can
be removed.
(E)
Non-applicability. This Article 4 does not apply to undeveloped
or infill lots of one acre or less and zoned SF, 2F, or SFA.
(Ordinance 6773 adopted 5/19/15; Ordinance 7107, sec. 71, adopted 12/3/19; Ordinance 7404 adopted 2/21/2023; Ordinance 7417 adopted 3/4/2023)
The following terms and phrases, as used in this Article 4, have the following meanings (other related definitions are contained within Article 3 of this Chapter 4, and also within Chapter 6, of this GDC):
(A)
"Caliper" means in this section,
a reference to tree measurements taken in the following manners:
(1)
For field grown stock, the measurement of a tree six inches above
ground level;
(2)
For container grown stock, the measurement of a tree taken six inches
above soil level;
(3)
For a tree measured at six inches from the ground that is four and
one-half inches or more, then the tree must be measured at 12 inches
above the ground level, soil line, or root flare; and
(4)
For trees with multiple stems, the measurement is one-half of the
combined caliper of the three largest stems.
(B)
"Class 1 Tree" means a protected
healthy tree whose age, size, or natural character are of special
importance to the City and meets the following species and size requirements:
(1)
Trees of the following species having a minimum 18-inch diameter:
American elm, cedar elm, lacebark elm, chittam wood, persimmon, green
& Texas ash, Pecan, all oak and walnut species.
(C)
"Class 2 Tree" means a tree
that is not otherwise classified.
(D)
"Class 3 Tree" means Hackberry/Sugarberry,
Arizona Ash, willow species, cottonwood, honey locust, mesquite, mulberry,
pinus species, Siberian elm, silver maple.
(E)
"Critical Root Zone" means
the area of soil around and beneath a tree that supports that tree's
root system, any disturbance which directly affects the tree's chance
of survival. The area is measured as a circle with a diameter equal
to one foot for each one-inch caliper of the tree trunk, or that tree's
crown drip line, whichever is the greater distance from the tree trunk.
(F)
"DBH" means a measurement
that is four and one-half (4.5') feet from natural ground level and
is used to measure trees at maturity. As trees mature they develop
large swelling at the base called the trunk flare. This extends quite
a way up the trunk of a large tree. Arborists use DBH (diameter at
breast height, or 4.5 feet above the ground) to get above the trunk
flare and determine a more accurate measurement of the size of the
trunk. DBH should be used when measuring any tree that naturally occurs
or has been planted. All trees on approved tree surveys will be measured
at DBH.
(G)
"Drip Line" means a circular
area beneath the canopy of a tree, the radius of which is equal to
the distance from the trunk to a vertical line extending from the
outermost portion of the canopy to the ground.
(H)
"Invasive Plant" means a
plant that has been classified as invasive to the Garland region by
the Texas Parks and Wildlife or the Texas Department of Agriculture.
(I)
"Protective Fencing" means
a temporary vertical barrier made of construction fencing, chainlink
fencing, or similar materials having a minimum height of five feet.
(J)
"Protected Tree" means a
tree of any species that has a minimum diameter of six inches that
is not classified as an Unprotected Tree in this article.
(K)
"Replacement Tree" means a tree used for the purpose of mitigating the destruction or removal of a protected tree and having a minimum caliper size of three inches (as required in Division 4 of this Article 4).
(L)
"Tree" means a woody single
or multi-trunk stem, when at maturity will obtain a minimum four-inch
(4") trunk when measured at 4.5" from the base of grade.
(M)
"Tree Inventory" means a
graphical and tabular representation of all protected trees (i.e.,
trees listed in Table 4-9 of this GDC) on a site that identifies the
individual and total diameter at breast height (DBH) inches of protected
trees and the size, location, and species of each protected tree.
(N)
"Tree Management Plan" means a layout of the proposed development with the graphical and tabular representation of all protected trees and other trees to be preserved on a site, where the plan: (1) meets the requirements of this Article 4; (2) contains the information required in Division 2; and (3) includes a planting plan and other mitigation information as necessary.
(O)
"Tree Removal Authorization" means an approval issued by the Planning Director based on a Tree
Management Plan that has been approved by the Planning Director during
Site Plan, PD Concept or Detail Plan, Site Permit, or Building Inspection
review and approval (as applicable, and whichever occurs first).
(P)
"Take Area" means the land
owned by the City of Dallas between the Take Line and normal Lake
Ray Hubbard pool elevation (435.5 mean sea level).
(Q)
"Take Line" means the perimeter
boundary of the City of Dallas' property at Lake Ray Hubbard.
(Ordinance 6773 adopted 5/19/15; Ordinance 7107, sec. 72, adopted 12/3/19; Ordinance 7404 adopted 2/21/2023; Ordinance 7524 adopted 4/16/2024)
