Definitions (draft)

ARTICLE X.
LANDSCAPE AND TREE CONSERVATION [PRESERVATION] REGULATIONS.

 

Division 51A-10.100. In General.

 

SEC. 51A-10.101.                  DEFINITIONS.

 

In this article:

                                      

(1)        AGE CLASS means a distinct group of trees originating from a single natural event or regeneration activity i.e., a 10-year age class, as used in inventory management.

(2)        ANSI A300 means the American National Standard for Tree Care Operations, including all parts, as amended.                                   

(3)        APPROVED TREE LIST means a list of trees approved as replacement trees determined and maintained by the director.

(4)        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).

(5)        BOUNDARY TREE means a tree growing on a property boundary line between two lots resulting in joint ownership by the adjacent property owners when the trunk exists on each property, or a tree that has 20 percent or more of its critical root zone extending across a property boundary and into an adjacent property.

(6)        BROWNFIELD means a building site, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant

(7[2])   CALIPER means:              

                                 (A)       for field grown stock, the measurement of a tree taken six inches above ground level;

                                 (B)       for container grown stock, the measurement of a tree taken six inches above soil level; which should be at or near the top of the root flare, and six inches above the root flare for bare root plants, up to and including the four-inch caliper size interval (i.e., from four inches up to, but not including, four and one-half inches);

                                 (C)       if the caliper measured at six inches is four and one-half inches or more, the caliper must be measured at 12 inches above the ground level, soil line, or root flare, as appropriate; and 

                                 (D)       for trees with multiple stems, it is one-half of the combined caliper of the three largest trunks. [for a single-stem tree, the diameter of the trunk measured 12 inches above the ground for a tree having a diameter up to and including eight inches, and measured at four and one-half feet above the ground for a tree having a diameter of more than eight inches.

(B)       for multi-stem trees, the diameter of the trunk measured at the narrowest point below branching when branching occurs higher than 12 inches above the ground. When branching occurs at or lower than 12 inches above the ground, caliper means the diameter of the largest stem plus the average diameter of the remaining stems, measured at four and one-half feet above the ground. 

(8[3])   CANOPY TREE means a species of tree that normally bears crown foliage no lower than six feet above ground level upon maturity.

 (9)        CLASS 1 TREE means a tree located in a primary natural area or geologically similar area measured to fifty feet above the escarpment zone.

(10)      CLASS 2 TREE means a tree that is not otherwise classified.               

 (11)      CLASS 3 TREE means Arizona ash, black willow, cottonwood, hackberry, honeylocust, mesquite, mimosa, mulberry, ornamentals, pinus spp., Siberian elm, silver maple, sugarberry, or a small tree.

(12[4]) CLEARING means any activity that removes or seriously injures one or more trees or the vegetative ground cover of one or more trees, such as root mat removal or topsoil removal

(13)      COVERED SOIL AREA means an area of soil that is under nonpermeable pavement and is designed to accommodate tree root growth.

(14[5]) CRITICAL ROOT ZONE means the circular area of ground surrounding a tree extending a distance of one foot per diameter [caliper] inch of the tree, measured from the tree trunk or stem.

(15)      DEVELOPMENT IMPACT AREA means the area of land or vegetation alteration within a property including, but not limited to, clearing, grading, excavating, filling, and any construction site operations, paving, or any other installation.

(16)      DIAMETER means: 

            (A)       the measure of a tree trunk measured at a height of four and one-half feet above the ground (diameter at breast height [“DBH”]), measured at the uphill side of the tree or as recommended in the Landscape and Tree Manual for special situations for tree fork, lean, or on slopes;

            (B)       for trees with multiple stems, the diameter of the trunk measured at the narrowest point below branching when branching occurs below DBH, or near DBH; and

            (C)       when branching occurs at or lower than 12 inches above the ground, diameter means the diameter of the largest stem plus the average diameter of the remaining stems, measured at DBH.

(17)      DRIP LINE means a vertical line that runs from the outermost point of the crown of a tree to the ground.

(18[6]) ENHANCED PAVEMENT means any permeable or nonpermeable decorative pavement material intended for pedestrian or vehicular use approved by the director.  Examples of enhanced pavement include, but are not limited to, brick or stone pavers, grass paver, exposed aggregate concrete, and stamped and stained concrete.

(19[7]) EVERGREEN TREE OR SHRUB means a tree or shrub of a species that normally retains its leaves throughout the year.

 (20)     FACADE PLANTING AREA means the portion of a lot abutting an active storefront or an office or mixed use building front. 

(21[8]) FLOOD PLAIN means any land area susceptible to inundation by the hundred-year frequency flood.                       

 (22)      FOREST STAND DELINEATION (“FSD”) means a comprehensive assessment of the conditions of a property using multiple types of information, including, but not limited to, a tree survey, aerial imagery collected from private or public sources, natural resources assessments, topographic maps, management plans, a map of conservation areas, land use maps, etc., to provide the required data to determine tree replacement requirements and forest conservation objectives. 

(23[9]) GRADING means any digging, scooping, removing, depositing or stockpiling, of earth materials.

(24[10])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.

 (25)      HABITAT PRESERVATION AND RESTORATION AREA means a designated area on a landscape plan dedicated to the restoration and preservation of an undeveloped site either through active or passive management practices.

(26)      HISTORIC TREE means a tree, or grove of trees, that has been recognized by resolution of the city council as having cultural or historical significance.    

(27[11])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

(28)      INTERIOR ZONE means the area of a lot not included in a street buffer zone or a residential buffer zone.

(29)      INVASIVE PLANT means a plant that has been classified as invasive to the Dallas region by Texas Parks and Wildlife or the Texas Department of Agriculture.

(30[12])LANDSCAPE ARCHITECT means a person licensed to use the title of "landscape architect" in the State of Texas in accordance with state law.

(31[13])LANDSCAPE AREA means an open soil area covered by natural grass, ground cover, or other plant materials for the purpose of landscaping or the growth and establishment of trees and other vegetation [an area at least 80 percent of which is covered by natural grass, ground cover, or other natural plant materials (excluding screening)].

(32[14])LANDSCAPE BUFFER STRIP means a landscape area that serves a buffer function.

(33[15])LARGE SHRUB means a shrub that normally reaches a height of six feet or more upon maturity.

(34[16])LARGE TREE means a tree [of a] species that typically attains [normally reaches] a height and width of at least 50 [30] feet at [or more upon] maturity, or as classified by the director.

(35)      LEGACY TREE means a large or medium tree planted in a landscape area for the specific purpose of actively establishing and maintaining unencumbered sustainable large shade trees for future generations.

(36[17])LOT means:

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

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

(37[18])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.

(38)      MEDIUM TREE means a tree which may typically attain a canopy height of 30 feet or greater and between 15 feet and 50 feet in width at maturity, or as classified by the director.

(39[19])NONPERMEABLE COVERAGE means coverage with any pavement that is not "permeable pavement” as defined in this section.

(40)      NURSERY STOCK means a plant grown in or obtained from a nursery.

(41)      OPEN SOIL AREA means an unpaved area of soil.       

 (42[20])PERMEABLE PAVEMENT means paving systems, pavers, or other structural surfaces that allow stormwater infiltration and are approved by the director [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].

 (43)      PEDESTRIAN PATHWAY means an area intended for use by pedestrians or non-motorized vehicles

(44)      PREVIOUSLY DEVELOPED SITE means a building site that has been substantially altered through paving, construction, or other activity that requires or required permitting or licensing through a regulatory agency.

 (45)      PRIMARY NATURAL AREA means an ecologically sensitive area including 100-year flood plain and riparian areas, wetlands or 50-foot wetland buffer, perennial and intermittent streams measured to 50 feet above top of bank, and the escarpment zone.

(46[21])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.

(47[22])PROTECTED TREE means:

(A)       a tree of any species that has a minimum diameter of eight inches that is not classified as unprotected in this article;

(B)       any tree in a stand which projects a tree canopy over a building site when identified within a forest stand delineation review; or

            [a tree that has a caliper of eight inches or more and 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 virginiana (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).

(xii)      Ulmus pumila (Siberian Elm).

(B)       an Eastern Red Cedar (Juniperus virginia) or Mesquite (Prosopis glandulosa) tree that has a caliper of eight inches or more and the trunk is located:

(i)         in, or within 120 feet of the boundary of: a floodplain [as defined in Article V]; a wetland area [as defined in federal environmental regulations]; or an escarpment zone [as defined in Article V]; or

(ii)        within 50 feet of a natural channel setback line [as defined in Article V].

(C)       an Eastern Red Cedar (Juniperus virginiana) or Mesquite (Prosopis glandulosa) tree that has a caliper of at least 12 inches; or]

(C[D]) a tree that was planted as a replacement tree.

(48[23])REMOVE OR SERIOUSLY INJURE means an intentional or negligent action that will more likely than not cause a tree to decline and die within five years of the act. Actions that constitute removing or seriously injuring a tree include, but are not limited to: cutting down a tree; excessively pruning or topping a tree; compacting the soil above the root system of a tree; changing 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 herbicidal or other lethal chemicals; and placing nonpermeable pavement over the root system of a tree.

(49[24])RESPONSIBLE PARTY means the property owner and any other person or entity responsible for removing or seriously injuring a protected tree.

(50[25])REPLACEMENT TREE means a tree that is planted in accordance with Section 51A-10.134.

(51)      ROOT PATH means a path constructed using aeration or drainage strips providing roots a route under pavement from a tree to an adjacent landscape area.

(52[26])SCREENING means screening that complies with Section 51A-4.602, except as those regulations may be expressly modified in this article.

 (53)     SECONDARY NATURAL AREA means undisturbed areas on a building site other than primary natural areas.

 (54)      SIGNIFICANT TREE means a healthy tree whose age, size, unique type, or natural and historical character are of special importance to the city, and meets the following species and size requirements           

            (A)       Post oaks with a minimum diameter of 12 inches 

            (B)       Trees of the following species having a minimum 24-inch diameter: American elm, cedar elm, chittamwood, common persimmon, eastern red cedar, green ash, all other oaks, pecan, all walnuts species, and white ash.

(55[27])SMALL TREE means a tree that typically attains a maximum height of 30 feet at maturity or is classified as a small tree by the director [of a species that normally reaches a height of less than 30 feet upon maturity]

(56[28])SOIL means a medium that plants will grow in.

(57)      STAND means a group of trees or other growth occupying a specific area that is sufficiently similar in species composition, size, age, arrangement, and condition, to be distinguishable from adjacent forest.

(58)      SUSTAINABLE DEVELOPMENT INCENTIVE (“SDI”) means an alternative method of compliance that applies sustainable development, tree preservation practices, and tree mitigation reductions based on providing large or medium legacy trees in enhanced soil surface planting environments for a projected increase of the tree canopy coverage on the property.

(59)      TOPPING means the reduction of tree size using internodal cuts without regard to tree health or structural integrity.  Topping is not an acceptable practice. 

(60)      TREE CANOPY COVER means the amount of ground area directly beneath a tree’s crown to the drip line or the combined crowns of a stand of trees, measured in square feet.

(61)      TREE REMOVAL PROPERTY means the lot, parcel, right-of-way, or tract of land where a protected tree will be or has been removed or seriously injured.

(62[29])TREE SURVEY means a report that meets all of the requirements for a tree survey in Section 51A-10.132.

[(30)    UNDERSTORY means a grouping of natural low-level woody, herbaceous plant species, or plants that normally reach a height of less than three feet upon maturity.]

(63)      UNPROTECTED TREE means the following:

(A)       Callery pear (all cultivars).

(B)       Chinaberry.

(C)       Chinese tallow.

(D)       Ilex species (except for yaupon holly and Possumhaw holly.)

(E)       Palm (all plants in Palmae).

(F)       Tree-of-heaven or Ailanthus.

(G)       Other trees listed as invasive plants.

(64)      UNRESTRICTED ZONE means the area on a lot where tree mitigation is not required. 

         (A)       For front and rear yards, the unrestricted zone does not include required setbacks or the area 15 feet from the property line, whichever is greater.

         (B)       For side yards, the unrestricted zone does not include required setbacks or the area five feet from the property line, whichever is greater.

(65)      URBAN STREETSCAPE means a pedestrian-oriented street environment with required front yards with a depth of 0 to 15 feet.

[(31)    VISIBILITY TRIANGLE means the term "visibility triangle" as defined in Section 51A-4.602.]

(66[32])WATER COURSE means a natural or constructed channel for the flow of water. 

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