§ 35.13.7. Tree Preservation and Landscape Requirements.
A.
Tree Preservation.
1.
Purpose and Intent.
The Denton Plan identifies the importance of environmental management. The purpose of these regulations is to promote the preservation of trees, tree stands, including but not limited to remnants of the Cross Timbers Forest and existing tree canopy, to protect trees during construction, to facilitate site design and construction that contribute to the long term viability of existing trees which improves environmental conditions, specifically to comply with air and water quality regulations, to increase property values and to develop a process to control the removal of trees. It is the further purpose of this Subchapter to achieve the following broader objectives:
a.
Prevent untimely and indiscriminate removal or destruction of trees.
b.
Maintain and enhance a positive image of the City.
c.
Protect trees and promote the ecological, environmental and aesthetic values of the City.
d.
Preserve historic trees.
e.
Provide for a permitting and enforcement procedure.
2.
Applicability.
a.
Unless exempt under Subsection C, this Subchapter shall apply to:
i.
Undeveloped land.
ii.
All property to be redeveloped including additions or alterations, but not including interior alterations or exterior alterations that do not change the footprint of the building, and that do not require the removal of trees.
iii.
Gas Well Development including but not limited to gas well transmission lines.
iv.
Right-of-way, streets, parks, and other public property under the jurisdiction of the City of Denton.
b.
To the extent there is a conflict between this Subsection and any other Subsection including but not limited to Subsection 35.17.9 (Upland Habitat Development Standards) the more stringent requirement shall apply that preserves the largest quantity of trees. To the extent there is a conflict between this Subsection and Subsection 35.22.5.A.8.C (Watershed Production Requirements for wells located in Flood Fringe or other ESAs), the gas well regulations, which requires one to one (1:1) mitigation, shall apply.
c.
Exemptions.
i.
Developments that have a completed application on file for a final or Preliminary Plat for a single-family development or a Building Permit, whichever is applicable, as of the effective date of this Subchapter.
ii.
Any development for which construction has begun on infrastructure improvements pursuant to an approved three (3)-way construction contract, including roads, as of the effective date of this Subchapter. In the event that construction of all infrastructure improvements in such a development ceases for a continuous period of one hundred eighty (180) days or longer, this exemption shall cease to apply on the one hundred eighty-first (181st) day after cessation of construction unless the City accepts the infrastructure improvements.
iii.
Property on which a single-family or two-family residential dwelling unit(s) exists.
iv.
Trees located in the visibility triangle area, as defined in the Transportation Criteria Manual.
v.
Public Utilities may be exempted from these requirements upon filing route plans prior to tree removal or construction, which satisfactorily demonstrate that the proposed installation lies within routes previously established by a current Master Plan for transportation or public utilities, or within an existing easement recorded prior to the effective date of this Subchapter.
vi.
Public Utilities have the right to trim, cut, and/or remove any and all trees that:
(a)
Interfere with or encroach upon the operations of existing public utilities; or
(b)
Create a safety issue for utility crews; or
(c)
Create a safety issue for the public.
vii.
City Landfill and Airport.
viii.
Nursery trees, including Christmas tree farms, that are planted and growing on the premises of a Wholesale Nursery that are intended for sale in the ordinary course of business.
ix.
Any tree determined to be diseased, dying, dead, creating a public nuisance or damaging a foundation by a qualified professional.
x.
Any tree determined to be causing a danger or be in hazardous condition as a result of a natural event such as tornado, storm, flood or other act of God that endangers the public health, welfare or safety and requires immediate removal.
xi.
Clearing of understory necessary to perform soil borings, boundary surveying of real property or to conduct tree surveys or inventories As long as the clearing for surveying shall not exceed a width of two (2) feet for general survey (i.e. of easement boundary, etc.) and eight (8) feet for survey of property boundary lines and any tree having a ten (10) inch dbh or greater shall not be removed under this exemption during such boundary or general surveying.
xii.
Capital Improvement Projects awarded prior to the effective date of this Subsection.
xiii.
Property zoned Rural Residential (RD-5) or Rural Commercial (RC).
3.
Permit Required.
a.
No person, directly, or indirectly, shall cut down, destroy, remove or move, or intentionally destroy or damage any Quality Tree, Protected Tree, or Historic Tree without first obtaining a Tree Removal Permit and complying with the requirements of this Subsection.
b.
No grading shall take place on any undeveloped property that contains trees subject to this Subsection without obtaining a Tree Removal Permit.
c.
No heavy equipment shall be moved onto a site prior to all applicable permits being issued.
d.
Trees greater than three (3) inches dbh and not identified as a Quality Tree, Protected Tree, or Historic Tree within this Subsection may be removed with a Permit.
e.
Trees less than three (3) inches dbh and not identified as a Historic Tree may be removed without a Permit.
f.
A Permit is required for the removal of five (5) or more trees on a single-family lot.
4.
Permit Review and Approval Process.
a.
The Director shall adopt rules establishing the requirements for the permitting and approval process in the Application Criteria Manual. The rules shall include information required by the Director to determine if the application is complete.
b.
A request for Tree Removal Permit shall be submitted and approved prior to the removal of any Quality Tree, Protected Tree, or Historic Tree in the City.
c.
A complete application shall be submitted along with the application fee, if required. The fees shall be established by City Council and published in the Application Criteria Manual.
d.
A Tree Inventory Plan and a Tree Replacement/Mitigation Plan, if required, must be submitted with the Tree Removal Permit application prepared by:
i.
A registered landscape architect;
ii.
An urban forester;
iii.
A botanist;
iv.
An arborist; or
v.
A professional land surveyor that has documented completion of at least eight (8) hours of training in Texas tree identification.
e.
Permits for tree removal issued in connection with a Building Permit or clearing and Grading Permit shall be valid for the same period of time. Tree Removal Permits issued not in connection with a Building Permit or clearing and Grading Permit are valid for one hundred eighty (180) days.
f.
After the Tree Removal Permit is issued, the Permit holder shall post a tree protection sign, supplied by the City, at each entrance to the property and at any other location designated by the City.
g.
Upon the request of the applicant, the Planning Director shall be authorized to work with the owners, developers, and builders to make non-substantive changes, within the scope of the ordinance, to plans, permits, and other requirements throughout the development and construction processes that will provide the greatest reasonable tree survival. The decision of the Planning Director may be appealed by the applicant to the Planning and Zoning Commission under Subsection 35.3.5.
h.
The applicant may file an application for relief from the Tree Preservation/Mitigation requirements in this Subsection pursuant to Subsection 35.3.11 on grounds therein specified to the City Council within ten (10) calendar days of the posting of the decision by the DRC. The Council shall decide the petition based upon the criteria in Subsection 35.3.11.
5.
Tree Designations.
a.
Protected Trees.
Any healthy tree with an eighteen (18) inch or greater dbh and not in a Quality Tree Stand or a Mesquite, Bois D'Arc, Locust Hackberry and/or Cottonwood species. All trees greater than eighteen (18) inches dbh shall be considered a Protected Tree unless a detailed tree inventory is submitted by an applicant verifying the presence of Mesquite, Bois D' Arc, Locust Hackberry and/or Cottonwood species.
b.
Historic Trees.
i.
A Historic Tree is a healthy tree that stands at a place where an event of historic significance occurred that had local, regional, or national importance; or at the home of a citizen who is famous on a local, regional, or national basis.
ii.
A tree may also be considered historic if it has taken on a legendary stature to the community; mentioned in literature or documents of historic value; or considered unusual due to size, age or has landmark status.
iii.
The Historic Landmark Commission will make recommendations for Historic Tree designations to the Planning and Zoning Commission (which will conduct a public hearing and include property owner notification) for ultimate approval by the City Council. Upon designation, each tree shall be added to a Historic Tree Registry map to be maintained by the Director.
c.
Quality Trees.
All healthy trees that have a dbh that is greater than six (6) inches, but is less than eighteen (18)inches and not within a Quality Tree Stand. All trees shall be considered Quality Trees unless a detailed tree inventory is submitted by an applicant identifying Secondary Trees.
d.
Quality Tree Stands.
Three (3) or more contiguous Quality Trees whose canopies are generally clustered together creating a contiguous drip line. All Tree Stands shall be considered Quality Tree Stands unless a detailed tree inventory is submitted by an applicant identifying the tree stand as a Secondary Tree Stand.
e.
Large Secondary Trees.
All healthy Mesquite, Bois Arc, Locust Hackberry and/or Cottonwood trees with an eighteen (18) inch or greater dbh.
f.
Secondary Trees.
All healthy Mesquite, Bois D' Arc, Locust Hackberry and/or Cottonwood trees that have a dbh that is greater than six (6) inches, but is less than eighteen (18)inches.
g.
Secondary Tree Stands.
Three (3) or more contiguous Secondary Trees whose canopies are generally clustered together creating a contiguous drip line. A Secondary tree stand must consist of a minimum eighty (80) percent of Secondary tree species.
6.
Preservation.
The following shall apply unless an application for relief is filed and approved under Subsection 35.3.11.
a.
Any tree designated as a Historic Tree shall be preserved.
b.
Any tree designated as a Protected Tree or a Large Secondary Tree shall be preserved unless mitigated under the requirements of Subsection 7.
c.
The minimum percentages of all dbh or percentage tree canopy of Quality Trees, Quality Tree Stands, Secondary Trees and Secondary Tree Stands that must be preserved as shown on Table 35.13.7.A and Table 35.13.7.B.
d.
All percentages relating to preservation stated within this section shall be based on the initial Tree Inventory Plan. Any subsequent redevelopment of property must minimally preserve the applicable percentage of the total dbh of quality trees as indicated by the initial tree survey.
e.
A notation shall be placed on the Site Plan or Final Plat identifying each Quality Tree, Quality Tree Stand, Protected Tree Secondary Tree, Secondary Tree Stand and/or Historic Tree required to be preserved under this Subsection. The notation shall limit any future unauthorized land disturbing activity or construction that would impact and/or damage the tree(s) to be preserved or protected.
7.
Mitigation.
If preservation cannot be reasonably achieved, then the following mitigation standards shall apply.
a.
Protected Trees and Large Secondary Trees may be removed if mitigated as identified on Table 35.13.7.A and Table 35.13.7.B.
i.
Exception: For applicants removing trees to facilitate installation of gas wells (including roads, pad sites, and gathering lines), gas transmission lines, or to facilitate installation of communications infrastructure or utilities which do not otherwise meet this code's definition of a Public Utility, the following mitigation standard shall apply instead, without regard to tree designation or lot type: For every six (6) inches dbh or larger tree removed, the applicant shall mitigate the removal by paying the established tree mitigation fee for twenty-five (25) percent of the total dbh removed for such six (6) inch dbh or larger trees. Fees must be paid prior to tree removal, pursuant to the procedures established by subsection 35.13.7.A.7.e.
b.
Quality Trees, Quality Tree Stands, Secondary Trees and Secondary Tree Stands may be removed in excess of the minimum preservation requirement provided the excess removal is mitigated as identified on Table 35.13.7.A and Table 35.13.7.B.
i.
Exception: For applicants removing trees to facilitate installation of gas wells (including roads, pad sites, and gathering lines), gas transmission lines, or to facilitate installation of communications infrastructure or utilities which do not otherwise meet this code's definition of a Public Utility, the following mitigation standard shall apply instead, without regard to tree designation or lot type: For every six (6) inches dbh or larger tree removed, the applicant shall mitigate the removal by paying the established tree mitigation fee for twenty-five (25) percent of the total dbh removed for such six (6) inches dbh or larger trees. Fees must be paid prior to tree removal, pursuant to the procedures established by subsection 35.13.7.A.7.e.
Table 35.13.7.A
Preservation & Mitigation Requirements for Infill LotsLot Size Historic Trees Protected Trees Quality Tree & Quality Tree Stands Large Secondary Trees Secondary Trees Less than ½ acre 100% Preserved None None None None ½ acre to 1 acre 100% If removed, mitigated at a 1:0.5 ratio. None If removed, mitigated at a 1:0.25 ratio. None 1 acre to 2.0 acres 100% If removed, mitigated at a 1:1 ratio. None If removed, mitigated at a 1:0.5 ratio. None Table 35.13.7.B
Preservation & Mitigation Requirements for Non-Infill LotsLot Size Historic Trees. Protected Trees Quality Tree & Quality Tree Stands Large Secondary Trees Secondary Trees Less than ½ acre 100% If removed, mitigated at a 1:0.5 ratio None If removed, mitigated at a 1:0.25 ratio. None ½ acre to 1 acre 100% If removed, mitigated at a 1:1 ratio. None If removed, mitigated at a 1:0.5 ratio. None 1 acre to 2.5 acres 100% If removed, mitigated at a 1:1.5 ratio. A minimum of 10% preserved in Single-family & Duplex Dwelling Developments:A minimum of 12.5% preserved in Multi-family and Non-residential developments. Up to 50% of the percentage required to be preserved may be mitigated under the requirements of this Subsection. at a 1:1 ratio. If removed, mitigated at a 1:0.75 ratio. A minimum of 5% preserved in Single-family & Duplex Dwelling Developments: A minimum of 6.25% preserved in Multi-family and Non-residential developments. Up to 50% of the percentage required to be preserved may be mitigated under the requirements of this Subsection. at a 1:0.5 ratio. Greater than 2.5 acres 100% If removed, mitigated at a 1:2 ratio. A minimum of 20% preserved in Single-family & Duplex Dwelling Developments: A minimum of 25% preserved in Multi-family and Non-residential developments. Up to 50% of the percentage required to be preserved may be mitigated under the requirements of this Subsection. at a 1:1.5 ratio. If removed, mitigated at a 1:1 ratio. A minimum of 10% preserved in Single-family & Duplex Dwelling Developments: A minimum of 12.5% preserved in Multi-family and Non-residential developments. Up to 50% of the percentage required to be preserved may be mitigated under the requirements of this Subsection. at a 1:0.75 ratio. c.
Each replacement tree shall be a minimum of 2" caliper measured 6" above grade and at least 5' in height when planted.
d.
Upon completion of the three (3)-year landscape establishment period, for replacement trees, the City shall inspect the trees and determine whether ninety (90) percent of the trees are healthy and have a reasonable chance of surviving to maturity. Upon such a finding, the City shall release the currency, bond or letter of credit. In the absence of such a finding, the Applicant shall be notified to replace any unhealthy or dead trees. If the applicant does not take remedial steps to bring the property into compliance, the City shall make demand for payment on the cash bond, surety bond, or letter of credit. The City may use all legal remedies to enforce this Subchapter in addition to making demand on the security provided herein.
e.
Tree Fund.
i.
The City shall administer the Tree Fund. Tree Funds shall be used to purchase, plant and maintain trees, to preserve wooded property that remains in a naturalistic state in perpetuity, to perform and maintain a City-wide tree inventory and to educate citizens and developers on the benefits and value of trees, all within the City of Denton. The Tree Fund may also be used to support programs for the public purpose of increasing the tree canopy within the City of Denton as approved by City Council.
ii.
Proceeds from the Tree Fund shall not be used to meet any requirements for preservation, mitigation, landscaping, buffering, streetscaping, or similar requirements in the Denton Development Code and the Denton Code of Ordinances.
iii.
The applicant shall pay the fees established by City Council and published in the Development Review Fee Schedule in the Application Criteria Manual. The fee shall be based on the fair market value of materials and labor at the time of planting and the reasonable estimated cost for maintenance and irrigation for a period of three (3) years.
iv.
Fees contributed to the Tree Fund shall be paid prior to the issuance of a Clearing and Grading Permit on all Commercial, Industrial, or Multi-Family Residential developments, prior to final approval of a Gas Well Development Plat and prior to filing a Final Plat in the Denton County Clerks Office for all Single-family Residential Subdivisions.
v.
Voluntary contributions for tree preservation shall be placed in the Tree Fund.
f.
Tree Trusts.
i.
Areas of a minimum of one (1) acre that have the characteristics of Cross Timber Forests are eligible to be classified as a Tree Trust.
ii.
Designation of a Tree Trust and transfer of tree credits shall be approved by the DRC Chairman.
iii.
Tree Trusts shall be preserved with a permanent easement that shall limit any future land disturbing activity or construction that would impact and/or damage the tree(s) and shall run with the land and be binding upon all successors and assigns of the current owner. Methods for the long-term conservation of said trees may include permanent conservation easements, restrictive covenants, or other such legal mechanisms.
iv.
Only portions of a Tree Trust not designated towards tree credit may be used for mitigation as identified in this Subsection.
v.
Trees that are required to be preserved in compliance with other development regulations shall not be credited towards the Tree Trust.
vi.
Areas that are un-developable, including but not limited to undeveloped floodplain, wetlands and riparian areas, shall not be designated as Tree Trusts.
g.
Areas that are un-developable, including but not limited to floodplain, wetlands and riparian areas, shall not be designated as Tree Trusts.
8.
Alternative Tree Preservation Plan.
An applicant may propose an Alternative Tree Preservation Plan which meets or exceeds the goals and objectives of this Subchapter but does not meet the standards of this Subchapter. The Alternative Tree Preservation Plan provides the option to address the criteria through a flexible discretionary process reviewed by the Planning and Zoning Commission utilizing the Planning and Zoning Commission Procedure process outlined in Subchapter 3.
a.
Criteria for Approval. The goals and objectives which must be met, and by which the proposal will be judged are:
i.
The proposed Alternative Tree Preservation Plan adequately achieves, or is an improvement on, the intent of the requirements of this Subsection.
ii.
Assure quality development that fits in with the character of Denton.
9.
Preservation Incentives.
a.
Tree Credits.
i.
All Quality Trees and Quality Tree Stands that are preserved beyond the minimum requirements identified in Table 35.13.7.A and Table 35.13.7.B shall be credited towards landscape canopy requirements as identified in Table 35.13.7.C.
ii.
All Quality Tree Stands with existing understory that are preserved beyond the minimum requirements identified in Table 35.13.7.A and Table 35.13.7.B shall be credited towards landscape canopy requirements at a ratio of one to two (1:2).
iii.
Unless trees preserved are an integral part of the parking lot design, they will not be credited towards parking lot canopy requirements.
iv.
Unless trees preserved are an integral part of a required buffer design, they will not be credited towards buffer requirements.
Table 35.13.7.C
Credit Received towards landscape canopy requirements for Preservation Beyond Minimum Requirements Identified in Table 35.13.7.A and Table 35.13.7.BTree Classification Credit Ratio Quality Tree 1:1.3 Quality Tree—Oak Species 1:1.5 Quality Tree Stands without understory 1:1.55 Quality Tree Stands consisting of a minimum 90% Oak Species 1:1.75 Quality Tree Stands with understory 1:1.8 Quality Tree Stands consisting of a minimum 90% Oak Species with understory 1:2 b.
Parking Spaces.
For every twelve (12) dbh of Quality Tree(s) that have been protected on site, beyond the minimum requirements identified in Table 35.13.7.A and Table 35.13.7,B one (1) parking space may be added to or subtracted from the required number of parking spaces up to a fifteen (15) percent increase or decrease. Upon the approval of the Director of Planning and Development, a waiver of up to thirty (30) percent may be granted.
c.
Parking Lot Design.
The Director of Planning and Development may allow parking lot design and parking lot landscaping requirements to vary from adopted standards to preserve existing trees.
d.
Subdivision Design.
The following incentives may be approved by the DRC Chairman and must be commensurate with the quality and character of the trees to be preserved:
i.
Block length may be increased up to twenty five (25) percent.
ii.
Cul De Sac length may be increased up to twenty five (25) percent.
iii.
Alternative sidewalk locations.
iv.
Offset street location within a right-of-way.
e.
Other Incentives.
The employment of the following incentives must be approved by City Council and must be commensurate with the quality and character of the trees to be placed within a conservation easement or otherwise conserved and the extent to which the preserved land contributes to the preservation of the remnants of the Cross Timber Forest. Incentives may include but are not limited to:
i.
Fee waivers or credits,
ii.
Reduced open space/park land dedication requirements,
iii.
Reduction of monetary assessments relative to agricultural rollback taxes,
iv.
Tax abatements,
v.
Tax Increment Financing,
vi.
Chapter 380 grant of money,
vii.
Transfer of Development Rights, and/or
viii.
Purchase of Development Rights—purchase by Government or Trust.
10.
Enforcement.
a.
The City Arborist, Building Official or an authorized representative of the City shall have the authority to place a Stop Work Order on any activity involving the removal of Protected Tree(s), Protected Tree Stand, Historic Tree(s) Quality Tree(s) or Quality Tree Stand(s) or that may otherwise endanger trees contrary to the provisions of this Subsection and applicable Criteria Manuals. The Building Official may deny all Permits and Certificates of Occupancy for any site which is not in compliance with this Subsection and applicable Criteria Manuals.
b.
A person is criminally responsible for a violation of this subsection if the person removes, assists in the removal or causes the removal of a tree without complying with the requirements of this subsection or owns part or all of the land where the violation occurs.
c.
Each tree removed in violation of this Subsection shall constitute a distinct and separate offense.
d.
Each tree preserved or planted under this Subsection that is removed, destroyed or dies within three (3) years of approval shall constitute a distinct and separate offense.
e.
It shall be an affirmative defense that trees are injured or destroyed by natural causes, natural disasters, including but not limited to tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or through the independent unauthorized actions of third parties.
f.
The enforcement and penalty provisions of Subsection 35.1.10.4 shall apply to this Subsection.
B.
Landscape and Tree Canopy Requirements.
The following requirements shall apply to all developments, except single- and two-family lots within residential developments:
1.
The percentages of Landscape and Tree Canopy requirements are listed in the table entitled Landscape and Tree Canopy Requirements.
2.
Landscape Installation and Maintenance.
a.
Landscaping installed as part of the requirements of the landscape standards must be maintained in a healthy, growing condition at all times.
b.
The property owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning, litter removal, and other maintenance as needed for all plantings.
c.
Any tree that is planted as required or preserved for canopy coverage that dies must be removed immediately and replaced with an approved tree in the appropriate planting season.
d.
Failure to replace any approved or required landscaping is a violation of this Subchapter.
3.
All properties shall install automatic irrigation systems. The Director may waive the irrigation system requirement if a landscaping plan is approved that includes drought tolerant plants or a xeriscape design.
4.
The following may count towards meeting the Landscape and Tree Canopy requirements:
a.
Undisturbed vegetative areas.
b.
Environmentally sensitive areas.
c.
Landscaping in the adjacent public right-of-way.
d.
Plazas and pedestrian circulation areas if constructed with pervious material.
e.
A percentage of parking areas if constructed with brick pavers or pervious pavement systems as approved by the Director of Planning and Development.
5.
Landscape Areas. Landscape area is the portion of a site which is not defined as "lot coverage".
6.
Tree Canopy. Tree canopy is measured by computing the area that the mature canopy will encompass, based on the Tree List contained in the Site Design Criteria Manual. The mature canopies shall be estimated for existing trees on site. Any tree not on the Tree List shall be estimated by use of standard landscaping references.
7.
Artificial Lot Line. An artificial lot is intended to provide administrative relief for large sites that will achieve planting areas that exceed substantially more than twenty (20) percent of gross platted lot area after development is completed. The use of artificial lots are limited by the following:
a.
If the platted property is over two (2) acres in size, the applicant may request permission to create an "artificial lot" to satisfy the requirements of this Subchapter.
b.
The Director of Planning and Development shall approve the creation of an artificial lot only if the spirit and intent of this chapter will not be violated. If approved by the Director, artificial lot lines shall be indicated on the proposed Landscape Plan and shall contain, at minimum, the total amount of impervious surface coverage, plus twenty (20) percent of the area inside the artificial lot reserved for required planting area.
c.
The area within the artificial lot lines shall provide trees and landscaping in compliance with the requirements of this section, and may not extend beyond the property boundaries of a single platted lot.
d.
The area outside the artificial lot shall be maintained as planting area with live vegetation determined by the applicant. No trees located outside the artificial lot lines may be used for tree credits.
e.
The artificial lot lines shall include areas that are adjacent to a public right-of-way or are necessary to accomplish buffering of adjacent properties.
Landscape and Tree Canopy Requirements
Districts Percent Landscape area Percent Tree Canopy Cover Rural RD-5 Rural Residential 75% 25% RC Rural Commercial 65% 35% Neighborhood Residential NR-1 Neighborhood Residential 1 70% 50% NR-2 Neighborhood Residential 2 70% 50% NR-3 Neighborhood Residential 3 50% 50% NR-4 Neighborhood Residential 4 40% 50% NR-6 Neighborhood Residential 6 40% 50% NRMU-12 Neighborhood Residential Mixed Use 12 40% 45% NRMU Neighborhood Residential Mixed Use 20% 40% Downtown University Core DR-1 Downtown Residential 40% 45% DR-2 Downtown Residential 25% 25% DC-N Downtown Commercial Neighborhood 20% 25% DC-G Downtown Commercial General 15% 20% Community Mixed Use Centers CM-G Community Mixed Use General 20% 30% CM-E Community Mixed Use employment 15% 30% Regional Mixed Use Centers RCR-1 Regional Center Residential 1 45% 45% RCR-2 Regional Center Residential 2 25% 30% RCC-N Regional Center Commercial Neighborhood 15% 30% RCC-D Regional Center Commercial Downtown 10% 20% Employment Centers EC-C Employment Centers Commercial 20% 30% EC-I Employment Centers Industrial 15% 30% Industrial Centers IC-E Industrial Centers Employment 20% 15% IC-G Industrial Centers General 10% 15% C.
Street Tree Requirements
All development, with the exception of estate style single-family subdivisions shall be required to plant street trees in accordance with the following standards and in accordance to the Site Design Criteria Manual. Estate style single-family subdivisions are those subdivisions that utilize barrow ditches as drainage along streets, on public or private streets. The Director of Planning and Development may approve alternative plans due to special site conditions, which may, for reasons such as safety, site conditions, or existing trees on the lot, affect the ability to meet these regulations.
1.
Street Tree Plan. All development shall be required to submit a master street tree plan noting location, number, and species of trees to be used within the development.
2.
Location. Street trees shall be located between the street and sidewalk, except in cases where there is a designated planting strip in the right-of-way, or the sidewalk is greater than eight (8) feet wide and designed to accept trees in tree wells.
3.
Number and Spacing. Street trees shall be planted by the following requirements:
a.
Spacing along street.
i.
Single-family Residential—spacing of street trees within single-family residential developments shall be conducted as follows:
1)
One (1) tree per lot, evenly spaced, for developments with lots less than sixty (60) linear feet of street frontage.
2)
Two (2) trees per lot, evenly spaced for developments with lots greater than sixty (60) linear feet of street frontage.
3)
Corner lots for all single-family developments shall require two (2) or more street trees, evenly spaced, depending on the length of frontage on each street for such lots.
ii.
Multi-Family Residential, Townhome and Non-residential Developments—spacing of street trees within multi-family residential, townhome or non-residential developments shall be one (1) tree for every forty-five (45) linear feet of street frontage.
iii.
Corner lots—street trees on corner lots for all developments shall be located a minimum of twenty-five (25) feet from the property corner adjacent to the street right-of-way intersection.
b.
Spacing from Utilities.
i.
Water and Wastewater Service Lines—no trees shall be planted closer than nine (9) feet from any underground water or wastewater utility connection or main. The location of the water and wastewater utility line shall be considered, for distance purposes, to be the surface of the ground above the line.
ii.
Fire hydrants—no trees shall be planted closer than ten (10) feet from any fire hydrant.
iii.
Street lighting—street lighting instruments shall be installed according to the design criteria of the electric utility. Individual street light instruments may be substituted in the place of individual street trees in order to reduce tree/instrument conflict.
iv.
Within planting strip—all street trees shall be planted within the centerline of the planting strip running parallel between the curbline and sidewalk.
v.
Root Barrier System—spacing requirements from utilities may be reduced at the discretion of the Development Review Committee Chair with a street tree plan submitted and approved which would include the installation of root barrier systems approved of by the Water or Wastewater Department.
c.
Spacing from Driveways—no trees shall be planted closer than five (5) feet from any driveway.
4.
Tree Species.
a.
Street Tree Species Type—tree species to be used for street trees will come from the City of Denton tree list and be of a medium or large tree variety.
b.
Species Diversity—street tree species shall be of the same variety along an individual block. The same species of tree shall not be used on streets which are generally parallel and within two (2) blocks apart. If a species of tree is approved to be installed on the dead-end street, the same species of tree should be used on the extension of the street into the new subdivision.
5.
Maintenance.
a.
Street trees shall be maintained by the adjoining property owner. It is the adjoining property owner's responsibility to thin, prune, spray, water and fertilize, and otherwise maintain street trees, as may be deemed necessary and feasible. All incurred costs are to be borne by the property owner.
b.
Tree Canopy height—The street tree shall be maintained by pruning, thinning and other necessary care by the adjacent property owner to ensure a minimum clearance of fifteen (15) vertical feet from the curbline to any intruding canopy branches.
c.
Removal of Trees or Plantings in Public Right-of-Way: The City may remove any planting which constitutes a hazard or may endanger the health, well-being or property of the public or which constitutes an obstruction to the vision of traffic.
d.
Tree Replacement: The City may replace an approved street tree or other planting which has died or may have been removed for any reason, or plant additional street trees deemed appropriate and consistent with available resources.
e.
Abuse or Mutilation: It shall be unlawful for any person to break, destroy, or mutilate any approved street tree, or to set fire or permit any fire to cause damage to any portion of any street tree, or to attach or place any rope or wire, sign, poster or other device on any street tree.