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Revisions to the Tree Preservation Ordinance

  ORDINANCE NO.                                                  

An ordinance amending CHAPTER 51A "DALLAS DEVELOPMENT CODE: ORDINANCE NO. 19455, AS AMENDED," of the Dallas City Code, as amended, by amending Sections 51A-10.101, 51A-10.109, 51A-10.121, 51A-10.125, 51A-10.132, 51A-10.133, 51A-10.134, 51A-10.135, and 51A-10.137; amending Article X, Landscape and Tree Preservation Regulations;" providing a penalty not to exceed $2,000; providing a saving clause; providing a severability clause; and providing an effective date.

            WHEREAS, the city plan commission and the city council, in accordance with the provisions of the Charter of the City of Dallas, the state law, and the applicable ordinances of the city, have given the required notices and have held the required public hearings regarding these amendments to the Dallas City Code; Now, Therefore,

            BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS:

            SECTION 1.  That Section 51A-10.101, "Definitions," of Division 51A-10.100, "In General," of Article X, "Landscape and Tree Preservation Regulations," of CHAPTER 51A, "DALLAS DEVELOPMENT CODE: ORDINANCE NO. 19455, AS AMENDED," of the Dallas City Code, as amended, is amended to read as follows:

"SEC. 51A-10.101.                 DEFINITIONS.

            In this article:

            (1)       ARTIFICIAL LOT means an area within the building site that is delineated by the building official or the director of park and recreation for the sole purpose of satisfying the requirements of this article (see Section 51A-10.122).

            (2)       CALIPER means:

                        (A)      for a single-stem tree, the diameter of the [a] tree’s trunk measured 12 [six] inches above [ground level up to and including four inch caliper size, and] grade for a tree having a diameter up to and including eight inches, and measured at four and one-half feet above grade for a tree having a diameter of more than eight inches [ground level if the measurement taken at six inches above ground level exceeds four inches].

                        (B)       for a multi-stem tree, other than an Eastern Red Cedar or a Mesquite tree, the diameter of the tree’s trunk measured at the narrowest point below branching when branching occurs above 12 inches above grade. When branching occurs at or below 12 inches above grade, caliper means the diameter of the tree’s largest stem measured at 4.5 feet above grade and added to the average diameter of the remaining stems measured at 4.5 feet above grade.

                        (C)      for a multi-stem Eastern Red Cedar or a Mesquite tree, [If a tree is of a multi-trunk variety, the caliper of the tree is] the diameter [average caliper of all] of the tree’s largest stem measured 12 inches above grade [its trunks].

            (3)       CANOPY TREE means a species of tree that normally bears crown foliage no lower than six feet above ground level upon maturity.

            (4)       CLEARING means any activity that removes one or more trees, or the removal of the vegetative ground cover of one or more trees, such as root mat removal or topsoil removal.

            (5)       CRITICAL ROOT ZONE means the circular area surrounding a tree at grade level, measured from the the tree trunk or stem, and extending a distance of one foot per caliper inch of the tree.
(6[4])   ENHANCED PAVEMENT means any permeable or nonpermeable decorative pavement material intended for pedestrian or vehicular use.  Examples of enhanced pavement include brick or stone pavers, grass paver, exposed aggregate concrete, and stamped and stained concrete.

            (7[5])   EVERGREEN TREE OR SHRUB means a tree or shrub of a species that normally retains its leaves throughout the year.

            (8[6])   FLOOD PLAIN means any land area susceptible to inundation by the hundred-year frequency flood.

            (9)       GRADING means any digging, scooping, or other removal of, or any depositing or stockpiling of, earth materials.

            (10[7]) GROUND COVER means natural mulch, or plants of species that normally reach a height of less than three feet upon maturity, installed in such a manner so as to form a continuous cover over the ground.

            (11[8]) HUNDRED-YEAR FREQUENCY FLOOD means the flood having a one percent chance of being equalled or exceeded in any given year.  This flood is based upon the drainage area being fully developed to current zoning limitations.

            (12[9]) LANDSCAPE ARCHITECT means a person licensed to use the title of "landscape architect" in the State of Texas in accordance with state law.

            (13[10])LANDSCAPE AREA means an area at least 80 percent of which is covered by natural grass, ground cover, or other natural plant materials (excluding screening).

            (14[11]) LANDSCAPE BUFFER STRIP means a landscape area that serves a buffer function.

            (15[12]) LARGE SHRUB means a shrub that normally reaches a height of six feet or more upon maturity.

            (16[13]) LARGE  TREE  means  a  tree  of  a species that normally reaches a height of 30 feet or more upon maturity.

            (17[14]) LOT means:

                        (A)      a "lot" as defined in Section 51A-2.102; and

                        (B)       an "artificial lot" as defined in this section.

            (18[15]) LOT WITH RESIDENTIAL ADJACENCY means any of the following:

                        (A)      A building site containing a multifamily use that is adjacent to or directly across:

                                    (i)        a street 64 feet or less in width; or

                                    (ii)       an alley;

from private property in a single family, duplex, townhouse, or CH district.

                        (B)       A building site containing a nonresidential use that is adjacent to or directly across:

                                    (i)        a street 64 feet or less in width; or

                                    (ii)       an alley;

from private property in an agricultural, single family, duplex, townhouse, CH, multifamily, or manufactured housing district.

                        (C)      An artificial lot containing a multifamily use if the lot is less than 200 feet from private property in a single family, duplex, townhouse, or CH zoning district.

                        (D)      An artificial lot containing a nonresidential use if the lot is less than 200 feet from private property in an agricultural, single family, duplex, townhouse, CH, multifamily, or manufactured housing zoning district.

            (19[16]) NONPERMEABLE COVERAGE means coverage  with [nonpermeable  pavement.  "Nonpermeable pavement" means] any pavement that is not "permeable pavement" as defined in this section.

            (20[17]) PERMEABLE PAVEMENT means a paving material that permits water penetration to a soil depth of 18 inches or more. Permeable pavement may consist of nonporous surface materials poured or laid in sections not exceeding one square foot in area and collectively comprising less than two-thirds of the total surface area.

            (21[18]) PRIVATE  PROPERTY  means  any property not dedicated to public use, except that "private property" does not include the following:

                        (A)      A private street or alley.

                        (B)       Property on which a utility and public service use listed in Section 51A-4.212 is being conducted as a main use.

                        (C)      A railroad right-of-way.

                        (D)      A cemetery or mausoleum.

            (22[19]) PROTECTED  TREE  means a tree that:

                        (A)      [a tree] has [having] a caliper of eight inches or more and that is not one of the following trees:

                                    (i)        Acer saccharinum (Silver Maple)[,]

                                    (ii)       Ailanthus altissima (Tree of Heaven)[,] 

                                    (iii)      Albizzia julibrissen (Mimosa or Silktree)[,] 

                                    (iv)      Celtis occidentalis/laevigata (Hackberry or Sugarberry)[,]                                   (v)       Fraxinus velutina (Arizona Ash)[,]  

                                    (vi)      Juniperus Virginia (Eastern Red Cedar)[unless protected under subparagraph (B)]

                                    (vii)     Maclura pomifera [female only] (Bois d’Arc or Horseapple)[,]                                  (viii)    Melia azedarach (Chinaberry)[,]

                                    (ix)      Prosopis glandulosa (Mesquite) [unless protected under subparagraph (B)]

                                    (x)       Salix nigra (Black Willow)[,] 

                                    (xi)      Sabium sebiferum (Chinese Tallow) [, and]

                                    (xii)     Ulmus pumila (Siberian Elm)

                        (B)       has a caliper of eight inches or more, is an Eastern Red Cedar (Juniperus Virginia) or a Mesquite (Prosopis glandulosa) tree, and is located in any of the following places:

                                    (i)        when the tree’s trunk is in, or is within 120 feet of the boundary of: a floodplain [as defined in Section 51A-5.101(a)(12)]; a wetland area [as defined in 40 CFR 230.3(t)]; or an escarpment zone [as defined in Section 51A-5.201(7)] and/or a geologically similar area [as defined in Section 51A-5.201(9)].

                                    (ii)       when the slope of the land on which the tree trunk is located is equal to or greater than 4:1; or

                                    (iii)      when the tree trunk is within 50 feet of the natural channel setback line [see Section 51A-5.106(a)(1)];

                        (C)      has a caliper at least 12 inches and is an Eastern Red Cedar (Juniperus Virginia) or a Mesquite (Prosopis glandulosa); or

                        (D)      was planted as a replacement tree.

            (23[20]) REMOVE means an intentional or negligent act that will more likely than not cause[s] a tree to decline and die within five [three] years of the act, including, for example [.  It includes, but is not limited to]: [the] cutting down [of] a tree; excessively pruning or topping a tree, compacting the [a compaction of] soil above the root system of a tree; changing [a change of] the natural grade above the root system of a tree; damaging the root system or the trunk of a tree ( such as by operating machinery near, or by clearing or grading the area around, the trunk of a tree); failing to repair an injury to a tree from fire or other causes, which results in or permits tree infections or pest infestations into or on the tree; applying [an application of] herbicidal or other lethal chemicals; and placing [placement of] nonpermeable pavement over the root system of a tree.     

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