APPROVED REPLACEMENT TREES

 

 City Ordinance

            (c)        Location.  The replacement trees[(s)] must be planted on the lot from which the protected tree was removed, except as otherwise allowed by Section 51A-10.135.  [No] R[r]eplacement trees may not be planted within a visibility triangle, a water course, or an existing or proposed street or alley.

            (d)       Minimum size.  A replacement tree must have a caliper of at least two inches.

            (e)       Timing.

                        (1)       Except as otherwise provided in Paragraph (2) and (3), all replacement trees must be planted within 30 days after the removal of the protected trees[(s)].

                        (2)       If the property owner provides the building official with an affidavit that all replacement trees will be planted within six months, the building official may permit the property owner to plant the replacement trees during the six-month period.

                        (3)       If the property owner provides the building official with a performance bond or a letter of credit in the amount of the total cost of purchasing and planting replacement trees, the building official may permit the property owner up to 18 months to plant the replacement trees, with the following restrictions:

                                    (A)      for single family or multifamily developments, at least 50 percent of the total caliper of replacement trees must be planted before 65 percent of the development has received a final building inspection or a certificate of occupancy, and all replacement trees must be planted prior to the completion of the development; and

                                    (B)       in all other cases, the replacement trees must be planted prior to the issuance of a certificate of occupancy.

                        (4[3])   A replacement tree that dies within two years of the date it was planted must be replaced by another replacement tree that complies with this [sub]section.

SEC. 51A-10.135.                  ALTERNATIVE METHODS OF COMPLIANCE WITH MITIGATION REQUIREMENTS.

            (a)       If the building official determines that, due to inhospitable soil conditions or inadequate space, it would be impracticable or imprudent for the responsible party to plant a replacement tree on the lot from which the protected tree was removed, the responsible party must comply with one or more of the following requirements:

                        (1)       Donate the replacement tree to the city's park and recreation department. If the director of the park and recreation department does not accept the tree(s), the responsible party must comply with one or more of the other alternative methods of compliance listed below.

                        (2)       Plant the replacement tree on other property in the city that is within one mile of the property where the tree was removed, as long as the responsible party obtains the written approval of the building official for:

                                    (A)      a site plan indicating the location of the tree to be removed, the address of the property where the replacement tree will be planted, and a site plan indicating the location of the replacement tree; and

                                    (B)       a written agreement between the owner of the property where the replacement tree will be planted and the responsible party, to assume mutual responsibility for the replacement tree under this article.

                        (3)       Make a payment into a special city account, to be known as the Reforestation Fund, in accordance with Subsection (c).

                        (4)       Deed restrict property with a conservation easement in accordance with Subsection (d). The deed restricted property must contain protected trees with a combined caliper equal to or exceeding the caliper for which replacement tree credit is being requested.

                                    (A)      If the conservation easement area is 25 percent or less than the area of the tree removal property, the responsible party will get credit for trees in the conservation easement area, on an inch for inch basis, up to a maximum of 50 percent of the total caliper of replacement trees required.

                                    (B)       If the conservation easement area is more than 25 percent and less than 50 percent of the area of the tree removal property; the responsible party will get credit for trees in the conservation easement area, on an inch for inch basis, up to a maximum of 65 percent of the total caliper of replacement trees required.

                                    (C)      If the conservation easement area is 50 percent or more of the area of the tree removal property, the responsible party will get credit for trees in the conservation easement area, on an inch for inch basis, up to a maximum of 80 percent of the total caliper of replacement trees required.

The replacement trees that cannot be planted on the tree removal property, and for which credit cannot be given through a conservation easement under this paragraph, must be mitigated by other methods set forth in this subsection, such that the replacement trees and their mitigation equivalents equal in caliper to the caliper of the trees removed.                             

            (b)       Other property.  If a responsible party obtains permission to plant the replacement tree on other tree replacement property in the city, that responsible party shall ensure that the planting and maintenance of the tree on the other tree replacement property complies with the requirements of this article that would otherwise pertain to the planting and maintenance of the tree on the responsible party’s property. Tree replacement property may be publicly or privately owned, such as property maintained by a homeowner’s association or property owned by a school district; a list of properties for which replacement trees are sought will be maintained by the building official.

            (c)        Reforestation fund.

                        (1)       The department of planning and development shall administer the reforestation fund.  The funds must be used only for purchasing trees to plant on public property or for acquiring conservation easements or wooded property.

                        (2)       The amount of the payment required is calculated by using the formula for appraising the value of a tree, as derived from the most recent edition of the Guide for Establishing Values of Trees and Other Plants published by the Council of Tree & Landscape Appraisers, unless another publication is designated by the building official.  If more than one tree is being removed or not planted, the values of the trees are added when calculating the payment required.

                        (3)       Property upon which trees purchased through this fund are planted, wooded property, and conservation easements purchased through this fund must be:

                                    (A)      in the Dallas city limit; or

                                    (B)       partly in the city limit and part of a contiguous piece of property extending no further than five miles from the city limit.

            (d)       Conservation easement.

                        (1)       The city manager is authorized to accept and approve on behalf of the city a conservation easement to conserve trees and other natural features, upon:

                                    (A)      approval as to form by the city attorney; and

                                    (B)       a determination by the building official that the easement area is suitable for conservation purposes, based on:

                                                (i)        the likelihood that the proposed conservation easement area would preserve vegetation on a parcel otherwise attractive for development;

                                                (ii)       the overall health and condition of the trees on the conservation easement property;

                                                (iii)      the suitability of the area as a wildlife habitat; and

                                                (vi)      other unique features worthy of preservation, e.g. water channels, rock formations, topography, or rare herbaceous or woody plant species.

                        (2)       The conservation easement may be structured to be monitored and managed by a nonprofit association dedicated to the conservation of land, with the city as a joint grantee with the right, but not the duty, to monitor the management of the conservation area. The joint grantee of a conservation easement may be an eligible grantee such that the grantor will have the option of receiving a property tax benefit on the assessed value of the conservation easement area.

                        (3)       Before the city manager may consider accepting a sole or joint conservation easement on behalf of the city, the owner must provide the building official with:

                                    (A)      a tree survey as set forth in Section 51A-10.132(b)(4) or an estimate of the protected trees and their caliper calculated and documented in a manner determined to be reasonably accurate by the building official; and

                                    (B)       a preservation strategy for the conservation easement area.

                        (4)       Playground equipment and park amenities are permissible in a conservation easement area only by written approval of the building official to a site plan indicating the proposed amenities, if the building official determines that the amenities indicated on the site plan are not likely to be detrimental to the conservation easement area.

                        (5)       Conservation easement areas must be:

                                    (A)      in the Dallas city limit; or

                                    (B)       partly in the city limit and part of a contiguous piece of property extending no further than five miles from the city limit."

SEC. 51A-10.136[5].             PRESERVATION [RETENTION] OF PROTECTED TREES DURING CONSTRUCTION OR OTHER DISTURBANCE.

            Where a property owner plans to retain protected trees on a site to be developed or otherwise disturbed in a manner that may affect protected trees, the following requirements must be met:

            (a)       Tree protection plan.  A tree protection plan submitted to the building official must include the following:

                        (1)       a site plan drawn to scale, indicating the areas of land disturbance, clearing, grading, trenching, tree protection zones, location of proposed underground utilities, staging areas for parking, material storage, concrete washout, and debris burn and burial holes where these areas might affect tree protection, and areas where soil compaction is likely to occur in a tree protection zone due to traffic or materials storage.

                        (2)       A complete tree survey in accordance with the requirements set forth in Section 51A-10.132.

                        (3)       Detailed drawings of any of the following tree protection measures that will be used during development.

                                    (A)      Tree protection fencing. Tree protection fences must be a minimum of 4 feet high, constructed with adequate, durable material (e.g. orange plastic construction fencing) approved by the building official, and located at the drip line or the edge of the critical root zone, whichever is farthest from the trunk, unless the building official determines that a fence line closer to the trunk will not be likely to result in damage to the tree.[(a)Tree flagging.  All protected trees must be flagged with colored vinyl tape wrapped around the main trunk at a height of at least four feet so as to be visible to workers on foot or driving equipment.(b)           Protective fencing.  A protected tree that is within 50 feet of construction or construction access must have protective fencing.  This fencing must completely enclose the drip line of the tree until construction is completed.  During construction, no excess soil, additional fill, equipment, liquids, or construction debris may be placed inside the protective barrier, nor may any soil be removed from within the barrier] For purposes of this subsection, "drip line" means a vertical line that runs from the outermost portion of the crown of a tree to the ground.

                                    (B)       Erosion control fencing or screening. All protected trees or stands of trees, or otherwise designated tree protection zones must be protected from the sedimentation of erosion material. Silt screening must be placed along the outer uphill edge of tree protection zones.

                                    (C)      Tree protection signs.

                                    (D)      Transplanting specifications.

                                    (E)       Tree wells, and aeration systems.

                                    (F)       Staking specifications.

            (b)       Implementation of tree protection plan.

                        (1)       All tree protection measures indicated in the approved plan must be installed prior to and maintained throughout the land disturbance process, and the construction phase.

                        (2)       The tree protection measures must be inspected by the building official prior to land disturbance or construction activity.

                        (3)       Areas where soil compaction is likely to occur as indicated on the plan must be mulched with a minimum four inch layer of processed pine bark or wood chips, or a six inch layer of pine straw.

                        (4)       If there is no way to avoid cutting the root of a tree that is not intended to be removed as indicated on the plan, the cut must be made at a 90 degree angle.

                        (5)       If utilities are to run through a tree protection zone, rather than being placed along corridors between tree protection zones, then tunneling is required.

            (c)        Damage to protected trees. Where the building official has determined that irreparable damage has occurred to trees within tree protection zones, the responsible party must remove and replace those trees."

[SEC. 51A-10.136.                 CRIMINAL RESPONSIBILITY.

            A person is criminally responsible for a violation of this division if the person:

            (a)       removes, or assists in the removal of, a protected tree without complying with the requirements of this division; or

            (b)       owns part or all of the land where the violation occurs.]

SEC. 51A-10.137.                  [NOTICE OF] VIOLATION OF THIS DIVISION.

            The building official must withhold or revoke any permits or tree removal application approvals, and issue a stop-work order, until all violations of this division are remedied[Before issuing a citation for a violation of this division, the building official shall give a written notice to the person(s) criminally responsible.  The notice must specify the location of the offense and the corrective measures required, as well as require compliance within 30 days after service of the notice.  The notice must be served either personally or by certified mail.  The building official may not issue the citation within the 30-day period or after the 30-day period if the violation was corrected within the 30-day period]."

SEC. 51A-10.138.                  APPEALS.

            In considering an appeal from a decision of the building official made in the enforcement of this division, the sole issue before the board of adjustment shall be whether or not the building official erred in his or her decision.  The board shall consider the same standards that the building official was required to consider in making the decision.

SEC. 51A-10.139.                  FINES.

            A person convicted of violating this division shall be subject to a fine of not less than $2,0[4]00.00 per 12 caliper inches of a protected tree removed without authorization (i.e. removal of a protected tree of 13 caliper inches is considered to be two violations, and removal of a protected tree of 25 caliper inches is considered to be three violations), and not less than $400.00 per day for any other violation of this division.

SEC. 51A-10.140.      CRIMINAL RESPONSIBILITY, AND DEFENSES TO                                              PROSECUTION.

            (a)       A person is criminally responsible for a violation of this division if the person:

                        (1)       removes, or assists in the removal of, a protected tree without complying with the requirements of this division; or

                        (2)       owns part or all of the land where the violation occurs.

            (b)       It is a defense to prosecution under [Section 51A-10.136 of] this section [division] that the act is included in one of the enumerated categories listed in this section.  No approval of a tree removal application is required if the tree:

                        (1[a])   was dead and the death was not caused by an intentional or negligent act of the owner or an agent of the owner;

                        (2[b])  had a disease or injury that threatened the life of the tree and was not caused by an intentional act of the owner or an agent of the owner;

                        (3[c])   was in danger of falling or had partially fallen and the danger or the fall was not due to an intentional act of the owner or an agent of the owner;

                        (4[d])  was in a visibility triangle (unless the owner was legally required to maintain the tree there) or obstructed a traffic sign;

                        (5[e])   interfered with service provided by a public utility within a public right-of-way;

                        (6[f])   threatened public health or safety, as determined by one of the following city officials:

                                    (1)       the chief of the police department;

                                    (2)       the chief of the fire department;

                                    (3)       the director of public works and transportation;

                                    (4)       the director of street services;

                                    (5)       the director of sanitation services;

                                    (6)       the director of code compliance ; or

                                    (7)       the director of park and recreation;

                        (7[g])  was designated for removal in a landscape plan approved by the city council, city plan commission, or board of adjustment;

                        (8[h])  interfered with construction or maintenance of a public utility;

                        (9[i])    was removed to allow construction, including the operation of construction equipment in a normal manner, in accordance with infrastructure engineering plans approved under Article V of Chapter 49 or Section 51A-8.404;  or

                        (10[j])  was removed to allow construction of improvements in accordance with a building permit."        

            SECTION 11. That CHAPTER 51A of the Dallas City Code, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 

            SECTION 12.  That the terms and provisions of this ordinance are severable and are governed by Section 1-4 of CHAPTER 1 of the Dallas City Code, as amended.

            SECTION 13.  That this ordinance shall take effect immediately from and after its passage and publication, in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so ordained.

APPROVED AS TO FORM:

MADELEINE B. JOHNSON, City Attorney

By______________________________

      Assistant City Attorney

Passed___________________________