LANDSCAPE AND TREE CONSERVATION REGULATIONSdallascityhall.com/departments/sustainabledevelopment... · 2017-10-24 · ARTICLE X 2 LANDSCAPE AND TREE CONSERVATION PRESERVATION REGULATIONS

ARTICLE X LANDSCAPE AND TREE

CONSERVATION REGULATIONS

URBAN FOREST CONSERVATION Division 51A-10.130

City Plan Commission Workshop

October 26, 2017

ARTICLE X

2

LANDSCAPE AND TREE CONSERVATIONPRESERVATION REGULATIONS

Division 51A-10.100. In General

Division 51A-10.120. Landscaping

Division 51A-10.130. Urban Forest Conservation

Tree Preservation, Removal, and Replacement

Sustainable Development

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Approach

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• 1990 Council resolution through Today – “protection and preservation of trees”.

• Consideration of the physical history of Dallas land, and project into the future for the Dallas urban forest

• Align with future plans, goals, and purposes for the City – forwardDallas, Council policies and ordinances

• Balance Tree Removal (Protection) and Tree Replacement (Mitigation)

• Benefits and Costs

• Tree replacement (mitigation) options based on incentives, reductions, and credits for sustainable development of the property. Taking into consideration future growth of the trees and public health of the community.

• Flexibility in options for mitigation to encourage sustainable landscapes with a greater potential for larger and prevailing tree growth and the retention of existing trees to safely fulfill their lifespans.

Key Tools

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• Ordinance format remains intact (adding new tools and opportunities)

• Tools:

– Tree Survey

– Forest Stand Delineation (FSD)

– Tree Canopy Cover

– Legacy Tree

– Tree Classification

Key Tools

Forest Stand Delineation- Measure overall canopy for

square feet of individual or multiple trees (forest).

- The tree canopy cover is measured for forest management, and reduction of mitigation by comparing original tree canopy to the residual tree canopy.

Tree Survey• Measure individual tree by

diameter inch (or circumference and convert)

• Calculate average size, individual species, and separate from population.

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Tree Canopy Cover

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Tree/Forest Mitigation Reductions

• Tree – Classification (1, 0.7, 0.4)

– Condition (dead, decline,…)

– Defense to Prosecution

– Development impact area waiver

– Unrestricted area

– Legacy trees

• Forest – Old-field (succession)

– Site management (golf courses, etc.)

– Legacy trees (measured as tree canopy cover)

– Tree canopy cover GOAL for property use and location

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ARTICLE X

9

LANDSCAPE AND TREE CONSERVATIONPRESERVATION REGULATIONS

Division 51A-10.100. In General

Division 51A-10.120. Landscaping

Division 51A-10.130. Urban Forest Conservation

Tree Preservation, Removal, and Replacement

URBAN FOREST CONSERVATION(10.130)

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Div. 10.130. Tree Preservation, Removal, and Replacement

Div. 10.130. Urban Forest Conservation

.131 Application of Division

.132 Tree Removal Applications

.133 Reserved

.134 Replacement of Removed or Seriously Injured Trees

.135 Alternative Methods of Compliance with Tree Replacement Requirements

.136 Preservation of Protected Trees During Construction or Other Disturbance

.137 Violation of this Division

.138 Appeals

.139 Fines

.140 Criminal Responsibility and Defenses to Prosecution



.133 Historic Trees

.133.1 Transplanted Trees



.136 Conservation and Maintenanceof Protected Trees During Construction or Other Disturbance


.138 Appeals

.139 Fines


Application of Division(10.131)

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• Overlay districts and planned developmentsmay vary the regulation. (10.131(a)) (p 42)

• Exception for a single family or duplex use on alot less than 2 acres and in a residential districtapplies. The exception is lifted (property isconsidered vacant) when a demolition permitfor the property is submitted. (10.131(b)) (p 42)

Proposed revision to accommodate HB7: Forsingle family and duplex uses, protected treesare considered 10” or greater

• The exception is restored when: (10.131(b))(p 42)

‒ Demolition permit is closed (not expired)by the building official (proving return ofSF/Dup use)

‒ Certificate of completion is given for a newSF/Dup structure for occupancy



.133 Reserved Historic Trees




.136 Preservation Conservation and Maintenance of Protected Trees During Construction or Other Disturbance


.138 Appeals

.139 Fines


Application of Division (10.131(b))Exception Single Family/Duplex Use

House

Vacant House demoed

Building New House

Single Family/Duplex Use In a Residential District

‒ Less than 2 acres ‒ SF/Duplex use on lot‒ No tree protection or mitigation

required

‒ Less than 2 acres‒ Demo Permit – date issued

determines intent to remove use‒ Trees protected and mitigation

required for entire lot

OR

‒ Lots 1 ac & less‒ Building Permit issued for a

SF/Duplex in a Residential District‒ Allows an “Unrestricted Zone” –

no trees are protected and no mitigation required

‒ Building Permit closed‒ SF/Duplex use on lot‒ No tree protection or mitigation

required

NewHouse

Complete

‒ Greater than 1 ac to 2 ac‒ Building Permit closed‒ SF/Duplex use on lot‒ No tree protection or mitigation

required

Area trees protectedand mitigationRequired (per Art. X Tree List)

NewHouse

Complete

“Unrestricted Zone”

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Tree Removal Applications(10.132)

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• Amended the conditions to statewhen and where a tree removalapplication or building permit mustbe posted on a tree removalproperty (10.132(a)) (p 44)

• Building Permit for Construction

• Tree Removal Application Approval

• Grading Permit

• Demolition Permit

• Public Right-of-Way

• Application is not required:

• Lot is excepted

• Defense to Prosecution

• Unprotected tree









.138 Appeals

.139 Fines


Tree Removal Applications(10.132)

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Forest Stand Delineation may be used to provide anecological assessment of the property and measuretree canopy coverage, when applicable. May be usedfor: (10.132(b)(5)) (p 43)

– Tree canopy cover assessment for uplandstands of young (up to 40 years) age classjuniper / mesquite / Class 3 tree mixedstands.

– Tree canopy cover credit for single familyand duplex construction.

– Sustainable Development Incentives.

– Tree canopy cover assessment where treesare removed without authorization.

– Tree canopy cover assessment on propertiesfive acres or larger with institutional,community service, and recreation uses,when applicable (site management).

– Forest analysis for baseline documentationto create a conservation easement.

– Forest analysis for establishment of acommunity management plan.









.138 Appeals

.139 Fines


Tree Removal Applications (10.132)Development Impact Waiver

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Development impact area waiver (10.132(f)) (p 45)

This will be discussed in detail with the AlternativeMethods of Compliance in 10.135.









.138 Appeals

.139 Fines


Historic Trees (10.133)

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• Added Historic Trees which, onlyby agreement of the propertyowner, may be designated“Historic” and approved by CityCouncil (10.133) (p 47)









.138 Appeals

.139 Fines


Transplanted Trees(10.133.1)

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• Gives credit towards mitigation fortransplanting and protecting trees.

• Transplanted trees are not removedtrees.

• The building official must authorizethe plan for credit. (p 48)

• Procedures must conform with ANSIoperational and safety standardsand ISA best managementpractices. (p 48)

• Tree replacement credit is providedfor the property based on the sizeof the large, healthy establishedtree being transplanted. (p 48)









.138 Appeals

.139 Fines


Replacement of Removed or Seriously Injured Trees (10.134)

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• Protected trees must be replacedwhen removed under buildingpermits, tree removal applications,unauthorized removals, or inremoval from a public right-of-way(10.134(a)) (p 49)









.138 Appeals

.139 Fines


Exceptions to Tree Replacement

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• All trees in the City of Dallas are protected and subject to replacement upon removal, except when:– The property, or area in the property, is excepted from the regulations

(10.134)(p 49), (10.131)(p 42)

– The tree is unprotected with regard to mitigation (by species or is less than 8-inch diameter)

– The tree is determined by the building official to be in a condition which warrants removal without a permit (Sec. 51A-10.140) (p 71)


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• Exception to tree replacementrequirements for an UNRESTRICTEDZONE on SF/Du lots less than 1 acre.(10.134(b)) (p 49)

• Changed quantity of caliper inchesrequired to be replaced (10.134(c))(p 49)

‒ Currently: 1” to 1” (100%)

‒ Proposed: Tree Classification(takes into account size, location,species, benefit to the urbanenvironment)









.138 Appeals

.139 Fines



Tree Classification

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Tree Classification for mitigation: (10.134(c)) (p 49)

• Historic Trees: 3:1 (300%) (10.133) (p 47)

• Significant: 1.5:1 (150%) (10.101(55)) (p 8)

(Post Oaks 12” or greater; American elm, cedar elm,chittamwood, common persimmon, eastern redcedar, green ash, all other oaks, pecan, all walnutspecies, and white ash at 24” or greater)

• Class 1 trees 1:1 (100%) (10.101(9)) (p 2)

(Tree located in a primary natural area orgeologically similar area to 50’ above theescarpment zone)

• Class 2 trees 0.7:1 (70%) (10.101(10)) (p 2)

(Tree that is not otherwise classified)

• Class 3 trees 0.4:1 (40%) (10.101(11)) (p 2)

(Arizona ash, black willow, cottonwood, hackberry,honey locust, mesquite, mimosa, mulberry,ornamentals, pinus spp., Siberian elm, silver maple,sugarberry or a small tree)









.138 Appeals

.139 Fines


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• For tracts 2 acres and larger, no one species may constitute more than 35%of the replacement trees on the site (10.134(c)(2)) (p 50)

• Amended ordinance to place Approved Trees list in a separate document, The Landscape and Tree Manual (10.109) (p 16)

• Trees will be determined to be:

LARGE (10.101(35)) (p 4)

MEDIUM (10.101(39)) (p 5)

SMALL (10.101(56)) trees (p 8)

based on potential tree height and

canopy width.









.138 Appeals

.139 Fines




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• Amended the Timing provisions: (10.134(c)(5)) (p 51)

– Mitigate within 30 days

– Allow for up to 6 months with affidavit

• If a building permit is submitted within the period, the replacement requirements may be attached.

• If a permit is not submitted, the replacement must occur within one month (30 days) of the initial 6-month expiration date.

– Multi-phased residential subdivisions and commercial developments may submit a professionally designed comprehensive tree replacement plan for the subdivision to be implemented.

– Primary mitigation completed prior to construction.

– Remaining mitigation resolved with project.









.138 Appeals

.139 Fines



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• Use of Forest Stand Delineation to determine mitigation reduction for old field and undeveloped lots (10.134(c)(6)) (p 52)

• On lots greater than 5 acres with institutional or recreational uses, the FSD may be used as a site management tool to calculate the number of Legacy trees required to be planted to maintain or increase the canopy to a standard level (10.134(c)(7)) (p 52)









.138 Appeals

.139 Fines



Forest Stand Delineation Process - Old-Field Lots

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•The 2015 Google Earth view shows the existing conditions on the property. •A FSD can distinguish predominant young juniper stands distinguished from older stands, or those of other species.•Field assessment is required to assure boundaries of the stratified forest survey.•Historical ground and aerial imagery, or other records, can provide more confirmation on the age and history of the tree stand.

Forest Stand Delineation ProcessDetermine condition of an Old-Field Lot

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All images from Historic Aerials.com

Topographic and historical images are available commercially or through educational centers with free viewing online, or available with payment. Soil surveys are also available online.

Forest Stand Delineation ProcessOld-Field Lot

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Visible site changes are seen over two decades, from 1958 to 1979.


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Tree expansion from 1989 – 2001


29Measure distance from floodway and the stand border from aerials and field assessment.

Eastern redcedar monoculture tree stand

Alternative Methods of Compliance(10.135)

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10.135 Alternative Methods of Compliance with Tree Replacement Requirements (p 53)

(a) Mitigation (p 53)

(b) Mitigation by Legacy Trees (p 54)

(c) Habitat preservation and restoration areas (p 55)

(d) Sustainable development incentives (p 55)

(e) Tree Canopy Cover Credit for single family and duplex uses (p 62)

(f) Conservation Easement (p 63)

(g) Provide trees to city property, or Plant

within 5 miles on other property (p 65)

(h) Reforestation Fund (p 66)









.138 Appeals

.139 Fines

.140 Criminal Responsibility and Defenses toProsecution

Alternative Methods of Compliance(10.135(a)(b)(c))

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10.135 Alternative Methods of Compliance with Tree Replacement Requirements

(a) Mitigation

(b) Mitigation by Legacy Trees

(c) Habitat preservation and restoration areas

(d) Sustainable development incentives

(e) Tree Canopy Cover Credit for single family and duplex uses

(f) Conservation Easement

(g) Provide trees for city property, or

Plant within 5 miles on other property

(h) Reforestation Fund

(a) Provides alternative methodsof tree replacement whenconditions will allow for its useon the tree removal property(10.135(a)) (p 53)

(b) Legacy trees may be plantedaccording to soil and arearequirements for planting aLegacy tree and receive 12”replacement credit per tree(10.135(b)) (p 54)

(c) Habitat preservation andrestoration is credited by thesquare footage of area for atree mitigation reduction(10.135(c)) (p 55)

Alternative Methods of Compliance(10.135(d))

Sustainable Development Incentives

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(a) Mitigation









• Comprehensive tree mitigationprocess which credits retainedand future tree growth with useof sustainable developmentpractices. (p 55)

• Extensive tree mitigationrequirements may be relievedby using tree preservation andnew tree installation to replacea tree canopy cover over theproperty.

• The canopy cover goal for theproperty is established and therate of mitigation reduction isdetermined by the amount ofcanopy cover attained ascompared to the goal.



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(a) Mitigation









• Each healthy tree preservedretains a square footage of treecanopy cover. (p 57)

• Each large or mediumlandscape tree adds 300 sf incredit. (p 58)

• Each Legacy tree provides: (p 58)

• Large tree = 1200 sf

• Medium tree = 750 sf

Sustainable Development Incentives Legacy Tree Concept

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1. Conserve and manage existing trees.2. Establish tree planting conditions for long-term successful growth.

LEGACY TREEPlant: 3-in. large tree in

500 sf minimum soil area1500 cf soil volumeSoils preparation/protectionSite maintenance

Credit: 12-in. diameter, or1200 sf tree canopy

3. Plant quality trees for projected tree growth.4. Attain mitigationreduction based on tree projections.

Image: SITES v. 2 Rating System

5. Protect and grow tree canopy cover to reach canopy goal percentage for lot.6. Maintain landscaping.



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(a) Mitigation









• Complete Streets typologydetermines the tree canopy goalfor the adjacent development. (p 57)

• Forest canopy goal for the City hasnot been established. The currentoverall coverage is about 29%,according to the Texas TreesFoundation ‘State of the UrbanForest’ report of 2015.

Street Typology Goal Canopy CoverResidential 40%Mixed Use 35%Commercial & Freeways 30%Industrial 25%Parkways 45%



• Large legacy trees

– Credit: 1200 s.f. canopy(p 58)

– must be planted in aminimum 500 s.f. soil area(1500 c.f. @ 3’ soil depth)

• Medium legacy trees

– Credit: 750 s.f. canopy (p 58)

– must be planted in aminimum 400 s.f. soil area(1200 c.f. @ 3’ soil depth)

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Tree measurement planting for maturity

Sustainable Development IncentivesExample

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Soil volume, surface area and future canopy clearance standards must be achievable for all planted Legacy trees. Existing trees must meet soil retention requirements.The prerequisite SDI conditions must be applied and completed with inspection.

Sustainable Development IncentivesSDI Process

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50%Canopy cover

Pre-Development

10 acre property5 acres covered1,000 inches mit.


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50%Canopy cover

20% Preserved

Pre-Development

15% Preserved

30% Tree Canopy Goal


Commercial: 30%1.5 acres covered½ of goal: 500” reduction

Site trees: 109 required• Utilized buffers fully• Enhanced parking lot• 65,340 sf tree canopy

preserved

Plan Review/Design


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50%Canopy cover

20% Preserved

Pre-Development

15% Preserved

15% New Trees15% Preserved




15% cover from landscape and large Legacy trees; 30% of 30% completed.100% of goal

Landscape (300sf): 60Legacy trees (1200sf): 40(18,000+48,000 = 66,000)


preserved

Plan Review/Design Implementation


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50%Canopy cover

20% Preserved

Pre-Development

15% Preserved7.5% Planted15% Preserved




7.5% cover from landscape and Legacy trees; 22.5% of 30% completed.Short of Goal!

Landscape (300sf): 30Legacy trees (1200sf): 20


preserved


Sustainable Development IncentivesSDI Process and Green Site Points

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50%Canopy cover

20% Preserved

Pre-Development

15% Preserved7.5% Planted15% Preserved



7.5% cover from landscape and Legacy trees; 22.5% of 30% completed.25% Short of Goal!

Landscape (300sf): 30Legacy trees (1200sf): 20(9,000+24,000 = 33,000)

1,000-500-250= 250” remain to be mitigated


preserved


Green Site Points



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50%Canopy cover

Pre-Development

10 acre property5 acres covered1,000 inches mit.SDI: Reduced requirements by 75% (250” remain)

Point total for lots over 3 acs is based on 50 points or a greater tree canopy cover prior to review.


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50%Canopy cover

Pre-Development


• Sustainable Landscape Plan – 5 pts.• Tree Preservation Plan – 5 pts.• #2 Enhanced buffer zone increase –

15 pts.• #5 Parking lots – 20 pts.• #7 Public deed restriction – 5 pts.

• 50 points attained.

Plan Review/Design



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50%Canopy cover

Pre-Development


• Sustainable Landscape Plan – 5 pts.• Tree Preservation Plan – 5 pts.• #2 Enhanced buffer zone increase –

15 pts.• #5 Parking lots – 20 pts.• #7 Public deed restriction – 5 pts.

• 50 points attained.

250” remain to be mitigated.

-25”-25”-75”

-100”-25”

Total: 250”

Complete!!



Alternative Methods of Compliance(10.135(e))

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(a) Mitigation









• Available to all Single Familyand Duplex construction sites.Credit: 750 s.f. canopy (p 62)

• A canopy goal of 40% is set.

• Healthy existing trees and newnursery stock trees may beprovided to achieve the treecanopy goal for the completionof tree mitigation for theproperty.

• Boundary trees on lot lines andadjoining properties may beused in the canopy covercalculation if the tree rootsystem is protected.

Alternative Methods of Compliance(10.135(f))

47


(a) Mitigation









• Conservation easements havebeen amended to be a minimumof 20% of the size of thedevelopment impact area on thetree removal property (p 63)

• Protected inches preserved inthe conservation easement mustbe equal to or greater than thenumber of inches to bemitigated.

• The easement requires a FSD forbaseline documentation. (p 64)

• Additional standards have beenintroduced to assure theeasement is designed forpreservation purposes. (p 64)

Alternative Methods of Compliance(10.135(g))

48


(a) Mitigation






(g) Provide trees on city property, or



• When mitigation cannot bemanaged on site, other existingprovisions are still available

• Plant trees on public property (p 65)

• Amended planting off-site toextend to 5 miles (previously 1mile) away from the tree removalproperty (p 65)

Alternative Methods of Compliance(10.135(h))

49


(a) Mitigation






(g) Give to city’s park and rec department, or



(p 66)

• Recommendation: The amount ofthe Fund payment is determined byusing the formula for appraising thevalue of a tree, as derived by theGuide for Plant Appraisal.

• A set dollar cost per inch would beestablished using the formula toinclude regional calculations for treecost.

• The proposed uses for the Fund havebeen increased to include a MasterPlan, for funding management of theFund, and public tree education,while assuring uses for planting treeson public property and for acquiringwooded property.

Tree Removal Applications (10.132)Development Impact Waiver

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Development impact area waiver

(10.132(f)) (p45)

• Similar in function as an ‘unrestricted zone.’

• Optional waiver request by the owner forthe building official to waive tree mitigationrequirements for a portion of the propertyin the development impact area.

• Requires the property over 2 acres to meetextensive Sustainable DevelopmentIncentive qualifications (10.135). Smallerproperties have minimal qualifications.

• A full waiver is limited to 1) 70% of the areaof the tree removal property, and 2) aseparate calculation for the number ofrequired parking spaces. A pro-ratedreduction would apply to any overage.

• The building official shall deny the waiver ifthe property should fail to meet theprovisions (plan review to inspection).









.138 Appeals

.139 Fines


Conservation and Maintenance(10.136)

51

• City trees must be established and maintained in conformity to ANSI technical and safety standards, ISA Best Management Practices, and American Standard for Nursery Stock provisions, as applicable. (p 66)









.138 Appeals

.139 Fines


Conservation and Maintenance(10.136)

52









.138 Appeals

.139 Fines


Tree protection plan requirements have been enhanced with direction by ANSI A300 Standards for Tree Care Operations and ISA Best Management Practices. (p 67)

Tree protection fencing requirements are the same as currently applied, except it must be secured and rigid six-feet tall fences in conditions of: (p 67)

• Enforcement of work site violations• Significant or historic tree• Sustainable Development Incentive

tree protections in work zones• Sites under residential tree canopy

cover credit in work zones

Urban Forest Conservation (10.137, 10.138, 10.139, 10.140)

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• Stop work orders are still applicable. (p 69)

• Mitigation of unauthorized tree removals may now be assessed by the building official on property where physical evidence of the removed trees has been destroyed without a survey. Assessment is completed by a Forest Stand Delineation of aerial imagery and other available evidence. (p 69)

• Appeals and fines standards remain the same. (p 71)

• Defenses to prosecution is amended to define the forms of infrastructure engineering on private property which qualify. (p 71)









.138 Appeals

.139 Fines


Information

54

Link to webpage:

http://dallascityhall.com/departments/sustainabledevelopment/planning/Pages/Code-Amendments.aspx

Phil Erwin, Chief Arborist [email protected]

Donna Moorman, Chief Planner [email protected]

http://dallascityhall.com/departments/sustainabledevelopment/planning/Pages/Code-Amendments.aspx

mailto:[email protected]

mailto:[email protected]

APPENDIX

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Forest Stand Delineation to Determine Mitigation

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Documents

LANDSCAPE AND TREE CONSERVATION REGULATIONSdallascityhall.com/departments/sustainabledevelopment... · 2017-10-24 · ARTICLE X 2 LANDSCAPE AND TREE CONSERVATION PRESERVATION REGULATIONS