City of Garland, TX Purpose & Definitions

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)

§ 4.54.1 Applicability & Exemptions.

(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.

(F)

Removal of Trees in the Take Area. All trees on the unprotected list (as defined in Section 4.55(R) "Unprotected Tree"), except for Eastern Red Cedar trees, are exempt from mitigation. All other trees will be counted as a Class 1 or Class 2 tree defined per Sections 4.55(C) and (D).

(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)

§ 4.55 Definitions for Tree Preservation.

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.

(R)

"Unprotected Tree" means any of the following:

(1)

Callery pear (all cultivars).

(2)

Chinaberry.

(3)

Chinese Tallow.