Sec. 9-7. Tree board; regulations.
(a) Creation and establishment of a city tree board. There is hereby created and established a city tree board which shall consist of nine (9) members, all of whom shall also be members of the park board.
(b) Term of office. Each member of the city tree board shall serve for two (2) years, except for three (3) of the initial members appointed whose terms shall be for one (1) year and whose replacements shall be for two (2) years.
(c) Duties and responsibilities. It shall be the responsibility of the board to study, investigate, counsel and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the city council and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the city. The board, when requested by the city council, shall consider, investigate, make findings, report and recommend upon any special matter of question coming within the scope of its work.
(d) Meetings, chairman and quorum. The tree board shall meet at least annually in conjunction with Arbor Day and at other times as necessary. At its first meeting, the tree board shall select a chairman. Five (5) members shall constitute a quorum.
(e) Street tree species to be planted. The following list constitutes the official street tree species for Grand Prairie. No species other than those included in this list may be planted as street trees without written permission of the city tree board.
TABLE INSET:
| Small Trees | Medium Trees | Large Trees |
| Redbud | Golden Raintree | Live Oak |
| Crepe Myrtle | Bald Cypress | Bur Oak |
| Arizona Cypress | Sweetgum | Red Oak (Shumard) |
| Eastern Red Cedar | Caddo Maple | Chinese Pistachio |
| Mesquite | Big Tooth Maple | Cedar Elm |
| Mexican Plum | River Birch | Chinese Tallow |
| Aristocrat Pear | Southern Magnolia | Pecan |
| Eve's Necklace | Desert Willow | Pond Cypress |
| Holly varieties | Chinese Elm (Parvifolia) | Dawn Redwood |
| Native Persimmon | Thornless Honey Locust | Ginkgo |
| Rough Leaf Dogwood | Weeping Elm | |
| Texas Mountain Laurel | Western Soapberry | |
| Russian Olive | Eldarica Pine | |
| Althea | Marshall Seedless Ash |
(f) Public tree care. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
The city tree board may remove, or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners.
(g) Tree topping. It shall be unlawful as a normal practice for any person or firm to top any street tree, park tree or other tree on public property. "Topping" is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, are exempted from this section.
(h) Removal of stumps. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
(i) Interference with city tree board. It shall be unlawful for any person to prevent, delay or interfere with the city tree board, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street trees or park trees, as authorized in this section.
(j) Definitions. The following definitions shall apply to this section:
(1) Park trees are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks, having individual names, or to which the public has free access as a city park.
(2) Street trees are herein defined as trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all dedicated streets, avenues or ways within the city.
(k) Review by city council. The city council shall have the right to review the conduct, acts and decisions of the city tree board. Any person may appeal from any ruling or order of the city tree board to the city council which may hear the matter and make final decision.
(l) Penalty. Any person violating any provision of this section shall be, upon conviction or a plea of guilty, subject to a fine not to exceed five hundred dollars ($500.00).
(Ord. No. 3535, § 1, 11-15-83; Ord. No. 4669, § 1, 4-17-90; Ord. No. 5456, § 3, 8-1-95; Ord. No. 5631, § 1, 8-20-96)
Sec. 9-8. Perennial landscaping and maintenance in
public right-of-way by neighborhood associations, clubs, organizations and
corporations.
Any landscaping material provided in the public right-of-way by a neighborhood association, club, organization or corporation in the city shall conform to the following requirements:
(1) The city may enter into a landscaping program with clubs, neighborhood associations, organizations and corporations to provide perennial plant material for the purpose of improving the aesthetics of the city's medians and gateways, as identified in the master thoroughfare plan of the city.
(2) The landscaping program shall be a jointly sponsored project between the city and clubs, neighborhood associations, organizations and corporations in which the city may provide plant materials for planting, if available, and the clubs, neighborhood associations, organizations and corporations will also be responsible for planting, watering and weeding of the plant material during the growing seasons.
(3) Landscaping is allowed in designated areas within city medians and gateways, as shown on the master thoroughfare plan of the city if such landscaping is approved by the director of parks and recreation of the city.
(4) The clubs, neighborhood associations, organizations and corporations shall make application to the parks and recreation department. A recommended site shall be submitted with the application for review and consideration.
(5) If the application is approved, a perennial landscape design plan shall be developed by the parks and recreation department. A plant list will be developed to identify the quantity, variety and size of the plant materials required for the landscape site.
(6) The clubs, neighborhood associations, organizations and corporations will provide all labor, materials and equipment required to prepare the planting bed.
(7) At the time of planting, the clubs, neighborhood associations, organizations and corporations will be responsible for the delivery of the plant materials to the planting site as allocated sky by the city.
(8) The clubs, neighborhood associations, organizations and corporations will be responsible for providing protection of plant material from damage or loss prior to installation in the designated area or areas.
(9) The parks and recreation department shall determine the appropriate planting seasons for this program based on accepted horticultural standards for the variety of plant materials proposed for each site.
(10) Installation of plant materials in the designated area or areas must be completed within twenty-one (21) days after the plant materials have been received from the city.
(11) The clubs, neighborhood associations, organizations and corporations will be responsible for weeding the planted bed a minimum of two (2) times per year.
(12) Landscape areas shall contain an automatic underground irrigation system. The system shall be designed by a certified irrigator and plans submitted for review to the parks and recreation department.
(13) No landscaping material provided for in the right-of-way shall exceed thirty (30) inches in height from the street gutter flow line, as stipulated in the thirty-foot visibility triangle.
(Ord. No. 4327, § 1, 3-1-88; Ord. No. 5631, § 2, 8-20-96)
Cross references: Divisions and director of parks and recreation established, § 2-70; land development, Ch. 14; parks and recreation, Ch. 18; streets, alleys, sidewalks, Ch. 23; trees, shrubs and sight obstructions, § 23-5.
Sec. 29-87. Trees, shrubs and sight obstructions.
All trees and shrubs within the scope of this section, grown or maintained in the city, shall conform to the following specifications:
(1) Height above street: No tree, shrub, vine or similar plant shall be grown, maintained or cultivated in such a manner so that any portion of such tree, shrub, vine, etc., may overhang or obtrude upon or over any dedicated alleyway, street, or highway in the city, unless there be a full twelve-foot clearance between the surface of all portions of such street or highway and the overhanging tree, limb, shrub, vine or plant of any description or kind.
Height above sidewalk: No tree, shrub, vine or similar plant shall be grown, maintained, or cultivated in such a manner so that any portion of such tree, shrub, vine, etc. may overhang or obtrude upon or over any sidewalk used by the public, unless there be a full seven foot clearance between the surface of the sidewalk and the overhanging tree, limb, shrub, vine or plant of any description or kind.
(2) Fire plug clearance: No tree, shrub, vine, hedge or any similar plant of any description or kind shall be grown or maintained between the sidewalk and the curb or ditch line on any street or highway at a lesser distance than seven and one-half (7 1/2) feet from any fire plug in the city.
(3) Street intersection clearance between sidewalk and curb: No tree, shrub, vine or any similar plant of any description or kind shall be grown or maintained between the sidewalk and the curb on any public street or highway in the city at a lesser distance than thirty (30) feet from the corner of any block on any such public street or highway, such measurements to be computed at the point of intersection of two (2) lines extended parallel with the curb line of the streets or avenues intersecting and causing such corners.
(4) Street intersection clearance in corner triangle: No tree, shrub, plant, fence or obstruction of any kind shall be erected or maintained within the restricted area hereinafter described to a height greater than thirty (30) inches from the street gutter flow line. Any tree planted, grown or maintained in such restricted areas shall not have branches or foliage extending from the trunk thereof at a height lower than eight (8) feet from the street gutter flow line. The areas in the city by this subsection restricted are as follows:
a. All of that portion of land lying within a triangular-shaped area at each intersection of a public right-of-way or curb cut within the city described as follows: Beginning at the precise corner of the intersection point of the curb of the street with the curb of a driveway or curb of another public right-of-way intersection forming each corner and extending thirty (30) feet along each such curb line from said curb intersection point, the third side being determined by the drawing of a straight line from the ends of each such thirty-foot extension (whether said land be privately owned or unpaved or untraveled street right-of-way property). Where no curbs are in existence at such intersections, said thirty-foot lines shall coincide with the central flow line of the ditch paralleling such uncurbed street (as such central flow line shall be determined by the city engineer).
b. By "street gutter flow line" is meant the street gutter flow line of the curb adjacent to and bordering upon each such restricted area. In the event that there is no such curb as aforesaid, the aforesaid height restrictions shall be based upon the actual level of the paved or used portion of the public street adjacent to and bordering upon each such restricted area.
(Ord. No. 5059, § 1, 12-15-92; Ord. No. 6234, § 1, 3-21-00)
Sec. 23-53. Conformance with public improvements.
(a) Whenever by reasons of widening or straightening of streets, water or sewer line projects, or any other public works projects, (i.e. install or improve storm drains, water lines, sewer lines) it shall be deemed necessary by the governing body of the city to remove, alter, change, adapt, or conform the underground or overhead facilities of a right-of-way user, such alterations shall be made by the owner of the facilities at their expense unless otherwise provided for by federal law, state law or a current franchise within one hundred eighty (180) days from receipt of notice to make the alterations, unless a different schedule has been approved by the director. The notice shall identify the public works project and provide plans and drawings of the project that are sufficient to enable the utility to develop plans for, and determine the cost of, the necessary relocation of the facilities, and provide the owner with an opportunity to discuss with the city engineer the public works project and potential design alternatives that could avoid facility relocation. Facilities not moved after one hundred and eighty (180) days or within the approved schedule, shall be deemed abandoned after thirty (30) days written notice. When a purpose of a project is beautification or to benefit a private developer, the owner of the facilities subject to alteration may be eligible for reimbursement.
(b) The right-of-way user, its contractor or agent may trim trees over the public right-of-way for the safe and reliable operation, use and maintenance of its facilities. All tree trimmings shall be done in consideration of the health of the trees and shall be done in accordance with the American National Standards Institute A300 Pruning Standards and Public Utility Commission Guidelines.
(c) Under normal circumstances users shall notify adjacent residents and occupants at least forty-eight (48) hours in advance of any trimming. Any tree trimmings generated by the user, its contractors or agents shall be removed within twenty-four (24) hours, excepting emergency conditions wherein users shall remove tree trimmings upon completion of all service restoration activities. Should the user, its contractors or agents fail to timely remove such trimmings, the city may remove same or have them removed and shall bill the user for all costs incurred, which costs shall be promptly paid by the user.
(d) Nothing herein shall be construed to grant a user the right of access to private property.
(Ord. No. 7174, § 1, 3-1-05)