The purpose of this article is to enhance the quality of life
and the present and future health, safety, and welfare of the city’s
citizens, to enhance property values, and to ensure proper planting
and care of trees located on public property. The city council has
delegated the authority and responsibility for managing and caring
for public trees to the parks and recreation board, has established
practices governing the planting and care of trees on public property,
and has made provisions for the emergency removal of trees on public
property under certain conditions.
(Ordinance 2206-20 adopted 8/18/20)
The following words, terms, and phrases, when used in this article,
shall have the meanings respectively ascribed to them herein, except
where the context clearly indicates a different meaning:
Board.
The city’s parks and recreation board.
City.
The City of DeSoto, Texas.
Damage.
Any injury to or destruction of a tree, including but not
limited to: uprooting; severance of all or part the root system or
main trunk; storage of material on or compaction of surrounding soil;
a substantial change in the natural grade above a root system or around
a trunk; surrounding the tree with impervious paving materials; or
any trauma caused by accident or collision.
Director.
The director of parks and recreation or designee.
Nuisance.
Any tree, or limb thereof, that has an infectious disease
or insect; is dead or dying; obstructs the view of traffic signs or
the free passage of pedestrians or vehicles; or threatens public health,
safety and welfare.
Parkway.
The area along a public street between the curb and the sidewalk;
or if there is no curb or sidewalk, the unpaved portion of the area
between the street right-of-way line and the paved portion of the
street or alley.
Public Property.
All public streets, alleys, rights-of-way, parks, public
places and other property owned or controlled by the city.
Public Tree.
Any tree or woody vegetation on public property.
Top or Topping.
The non-standard practice of cutting back of limbs to stubs
within a tree’s crown to such a degree so as to remove the normal
canopy and disfigure the tree.
(Ordinance 2206-20 adopted 8/18/20)
(a) Authority.
The director shall have the authority and responsibility to
plant, prune, maintain and remove trees plant, prune, maintain and
remove trees and woody plants growing in or upon all public property.
This shall include the removal of trees that may threaten electrical,
telephone, gas, or any municipal water or sewer line, or any tree
that is affected by fungus, insect, or other pest disease.
(b) Coordination
Among City Departments.
All city departments shall coordinate
with the director and provide services as required to ensure compliance
with this division as it relates to streets, alleys, rights-of-way,
drainage, easements and other public properties not under direct jurisdiction
of the director.
(c) Interference.
No person shall hinder, prevent, delay, or interfere with the
director while engaged in carrying out the execution or enforcement
of this article.
(Ordinance 2206-20 adopted 8/18/20)
(a) Tree
Advisory Board.
The parks and recreation board shall
serve as the tree advisory board.
(b) Term
of Office.
The tree advisory board members’ term
of office shall be the same as the term of office for the parks and
recreation board members.
(c) Officers.
The tree advisory board shall annually select one of the members
to serve as chair, may appoint a second member to serve as vice-chair,
and may appoint a third member to serve as secretary.
(d) Duties.
The tree advisory board shall act in an advisory capacity to
the director and shall:
(1) Coordinate
and promote Arbor Day activities;
(2) Review
and update a five-year plan to plant and maintain trees on city property;
(3) Support
public awareness and education programs relating to trees;
(4) Review
city department concerns relating to tree care;
(5) Assist
with the annual application to renew the Tree City USA designation;
(6) Develop
of a list of recommended trees for planting on city property; and
(7) Other
duties that may be assigned by the city council.
(Ordinance 2206-20 adopted 8/18/20)
(a) Standards.
All planting and maintenance of public trees shall conform to
the American National Standards Institute (ANSI) A-300 “Standards
for Tree Care Operations” and shall follow all tree care Best
Management Practices (BMPs) published by the International Society
of Arboriculture.
(b) Requirements
of Franchise Utility Companies.
Franchise utility companies
shall provide advance notice to the city of their intended non-emergency
tree pruning schedule and location of impacted area. The maintenance
of public trees for utility clearance shall conform to all applicable
utility industry standards.
(c) Tree
Species List.
The director shall develop and maintain
an official list of desirable tree species for planting on public
property in two size classes: Ornamental (20 feet or less in height
at maturity) and shade (greater than 20 feet at maturity). Only trees
from this approved list may be planted without written approval from
the director.
(d) Planting
Distances.
The director shall develop and maintain an
official set of spacing requirements for the planting of trees on
public property. No tree may be planted within the visibility triangle
of a street intersection or within ten (10) feet of a fire hydrant.
(e) Planting
Trees Under Electric Utility Lines.
Only trees listed
as ornamental trees on the official city tree species list may be
planted under or within fifteen (15) lateral feet of any overhead
utility wire.
(f) Protection
of Public Trees During Construction.
Any person, firm,
corporation, or city department performing construction in the area
of any public tree must employ appropriate measures to protect the
tree, including, but not limited to, placing barriers around the tree
to prevent any damage.
(Ordinance 2206-20 adopted 8/18/20)
(a) The
owner of land adjacent to any city street or highway, when acting
within the provisions of this division, may plant and maintain trees
in the adjacent parkway area. Property owners are responsible for
the reasonable and routine maintenance of trees and other landscaping
in the adjacent parkway area.
(b) No property
owner shall allow a tree, or other plant growing on his or her property
or within the adjacent parkway to obstruct or interfere with pedestrians
or the view of drivers, thereby creating a hazard. If an obstruction
persists, the director shall notify the property owner to prune or
remove the tree or plant. If the owner fails to comply with the notice,
the city may undertake the necessary work and charge the cost to the
property owner.
(Ordinance 2206-20 adopted 8/18/20)
(a) It shall
be unlawful for any person, firm or corporation to damage, remove,
or cause the damage or removal of a tree on public property without
written permission from the director.
(b) It shall
be unlawful for any person, firm or corporation to attach any cable,
wire or signs or any other object to any street, park, or public tree.
(c) It shall
be unlawful for any person, firm or corporation to “top”
any public tree. Trees severely damaged by storms or other causes,
where best pruning practices are impractical may be exempted from
this provision at the determination of the director.
(Ordinance 2206-20 adopted 8/18/20)
Any tree or limb thereof, on private property determined by
the director to have contracted a lethal, communicable disease or
insect; to be dead or dying; to obstruct the view of traffic signs
or the free passage of pedestrians or vehicles; or that threatens
public health, safety, and welfare is declared a nuisance and the
city may require its treatment or removal. Private property owners
have the duty, at their own expense, to remove or treat nuisance trees
on their property. The city may remove such trees at the owner’s
expense if the owner does not comply with treatment and/or removal
as specified by the director within the written notification period.
(Ordinance 2206-20 adopted 8/18/20)
Any person, firm or corporation violating any provision of this
division shall be deemed guilty of a misdemeanor and shall be subject
to a fine not to exceed five hundred dollars ($500.00) for each offense.
(Ordinance 2206-20 adopted 8/18/20)
All appeals to a violation shall be heard by city council.
(Ordinance 2206-20 adopted 8/18/20)
The following activities are exempt from the regulations set
forth in this division:
(1) Removal
of Protected Tree.
Whenever the removal of a protected
tree is authorized for an activity by this subsection. The activity
also is exempt from any other obligation imposed by these regulations
related to protection of trees.
(2) Pre-Existing
Public Contracts.
Removal of a protected tree on city
property or right-of-way for which a design contract has been awarded
by the city council on or before the effective date of these regulations.
(3) Pre-Existing
Paved Surfaces.
Replacement or maintenance of any paved
surface that existed on or before the effective date of these regulations
and that is located within the critical root zone of a protected tree.
(4) Public
Utilities and Infrastructure.
Removal of a protected
tree by the city, another governmental entity or a public utility
in any right-of-way or easement owned by, dedicated to and accepted
by the city.
(Ordinance 2206-20 adopted 8/18/20)