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 the list of replacement and landscape trees approved 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)   a tree growing on a property boundary line between two private lots resulting in joint ownership by the adjacent property owners when the trunk exists on each property; or

         (B)   a tree that has 20 percent or more of its tree canopy cover extending over a property line into an adjacent building site.

      (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)   CALIPER means the thickness of a tree trunk measured in inches.

      (8)   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 a geologically similar area within 50 feet above the escarpment zone.

      (10)   CLASS 2 TREE means a tree that is not otherwise classified as a Class 1 tree or Class 3 tree.

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

      (12)   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)   CRITICAL ROOT ZONE means the circular area of ground surrounding a tree extending a distance of one foot per diameter 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 the thickness of a tree trunk.

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

      (18)   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)   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 a storefront, office, or mixed use building facade.

      (21)   FLOOD PLAIN means any land area susceptible to inundation by the one-percent annual chance 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)   GRADING means any digging, scooping, removing, depositing, or stockpiling of earth materials.

      (24)   GREEN INFRASTRUCTURE means the ecological framework of trees and vegetation used in conjunction with engineered systems for the effective and resilient processes of stormwater management, climate adaptation, urban heat abatement, biodiversity, improved air quality, clean water, and healthy soils, for sustainable social, health, and economic benefits of the urban community.

      (25)   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.

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

      (27)   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.

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

      (31)   LANDSCAPE AREA means an open soil area covered by natural grass, ground cover, stone aggregate or river rock, or other plant materials for the purpose of landscaping or the growth and establishment of trees and other vegetation.

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

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

      (34)   LARGE TREE means a tree species that typically attains a height and canopy width of at least 50 feet at maturity, or as classified by the director.

      (35)   LEGACY TREE means a large or medium tree planted in a landscape area in accordance with Section 51A-10.104 and Section 51A-10.135.

      (36)   LOT means:

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

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

      (37)   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, CH, or RTN district or a residential planned development 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, manufactured housing, or RTN district, or a residential planned development 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, CH, or RTN district, or a residential planned development 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, manufactured housing, or RTN district, or a residential planned development district.

      (38)   MEDIUM TREE means a tree that typically attains a canopy height of at least 30 feet and a width between 15 feet and 50 feet in width at maturity, or as otherwise classified by the director.

      (39)   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)   ONE-PERCENT ANNUAL CHANCE 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.

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

      (43)   PEDESTRIAN PATHWAY means an area intended for use by pedestrians or non-motorized vehicles that is physically or visually distinguishable from parking and driving surfaces by concrete curbs, wheel stops, or other permanent barriers, landscape barriers, or a change in surface materials such as pavers, patterned concrete, or flagstones.

      (44)   PERMEABLE PAVEMENT means director approved paving systems, pavers, or other structural surfaces that allow stormwater infiltration.

      (45)   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.

      (46)   PRIMARY NATURAL AREA means an ecologically sensitive area including one-percent annual chance floodplain 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.

      (47)   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.

      (48)   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

         (C)   a tree that was planted as a replacement tree.

      (49)   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.

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

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

      (52)   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.

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

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

      (55)   SIGNIFICANT TREE means a protected healthy tree whose age, size, unique type, or natural or 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, bois d'arc, cedar elm, chittamwood, common persimmon, eastern red cedar, green ash, all other oaks, pecan, all walnut species, and white ash.

      (56)   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.

      (57)   SOIL means a medium that plants will grow in.

      (58)   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.

      (59)   SUSTAINABLE DEVELOPMENT INCENTIVE ("SDI") means a method of compliance that applies sustainable development, tree preservation practices, and tree mitigation reductions.

      (60)   TOPPING means the reduction of tree size using internodal cuts without regard to tree health or structural integrity.

      (61)   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.

      (62)   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.

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

      (64)   UNPROTECTED TREE means the following:

         (A)   Arizona ash.

         (B)   Callery pear (all cultivars).

         (C)   Chinaberry.

         (D)   Chinese tallow.

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

         (H)   Other trees listed as invasive plants.

         (I)   Trees with a diameter of less than 10 inches at the point on the trunk 4.5 feet above the ground, located on a lot with an existing single family or duplex use that is occupied at the time of removal.

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

      (66)   URBAN STREETSCAPE means the pedestrian-oriented street environment between the back of curb and building facade for frontages that have a required front yard of 15 feet or less in depth.

      (67)   WATER COURSE means a natural or constructed channel for the flow of water. (Ord. Nos. 19455; 20496; 22053; 25155; 30929; 31314; 32340)

   The process of urban growth and development with its alteration of the natural topography, vegetation, and creation of impervious cover can have a negative effect on the ecological balance of an area by causing increases in air temperatures and accelerating the processes of runoff, erosion, and sedimentation. The economic base of the city can and should be protected through the conservation and enhancement of the unique natural beauty, environment, and vegetative space in this area. Recognizing that the general objectives of this article are to promote and protect the health, safety, and welfare of the public, the city council further declares that this article is adopted for the following specific purposes:

      (1)   To aid in stabilizing the environment's ecological balance by contributing to the processes of air purification, oxygen regeneration, ground-water recharge, and storm water runoff retardation and filtration, while at the same time aiding in noise, glare, wind, and heat abatement.

      (2)   To provide visual buffering between land uses of differing character to alleviate the harshness of urban life.

      (3)   To enhance the beautification of the city.

      (4)   To safeguard and enhance property values and to protect public and private investment.

      (5)   To conserve energy.

      (6)   To provide habitat for wildlife.

      (7)   To encourage the preservation of large trees which, once removed, can be replaced only after generations.

      (8)   To conserve water.

      (9)   To recognize and conserve the urban forest as part of the city's green infrastructure. (Ord. Nos. 19455; 22053; 30929)

   (a)   Artificial plant materials, including synthetic turf, may not be used to satisfy the requirements of this article.

   (b)   In satisfying the requirements of this article, the use of high-quality, hardy, and drought-tolerant plant materials is recommended and encouraged.

   (c)   For a lot or tract of land two acres in size or greater, no one species of tree may constitute more than 35 percent of the replacement trees planted on the lot or tract of land.

   (d)   Palm trees may not be used to satisfy the requirements of this article.

   (e)   Invasive plants are prohibited in required landscapes.

   (f)   The director shall maintain a list of acceptable plant materials for required landscapes.

   (g)   All nursery stock and transplanted ash tree species are prohibited in required landscaping or on city property. (Ord. Nos. 22053; 25155; 30929; 32340)

   (a)   In general. Planting areas dedicated to the growth of roots may include open soil areas, covered soil areas, root paths, and drainage.

         (A)   protected zones where existing soil and vegetation will not be disturbed;

         (B)   zones for soil amendment or treatment with minimal disturbance;

         (C)   zones where construction traffic and staging will be allowed; and

         (D)   zones for stockpiling topsoil and imported soil amendments.

         (A)   A soil resource assessment must be provided before submittal of a building permit.

         (B)   A soil resource assessment may be included in other engineering site assessments for the property.

         (C)   A soil resource assessment must include information on all proposed landscape planting areas that delineates, quantifies, and characterizes the topsoils and subsoils of a site before these materials are excavated for reuse on site.

      (1)   For each small tree installation, a minimum of 24 inches of soil depth and 25 square feet of open soil area (total of 50 cubic feet) must be provided.

      (2)   For each large or medium tree installation, a minimum of 36 inches of soil depth and 160 square feet of open soil area (total of 480 cubic feet) must be provided.

      (3)   Except as provided in this section, trees may share open soil areas.

      (4)   Except as provided in this section, large trees and medium trees must be planted a minimum of four feet from pavement.

      (5)   The planting areas must have native soils, prepared soils, or structural soils, and may include permeable pavement, sidewalk support, and soil cells.

      (6)   Required areas for plant materials must be protected from vehicular traffic through the use of concrete curbs, wheel stops, or other permanent barriers.

      (7)   Planters may be used to satisfy the requirements of this article provided that the soil requirements in Section 51A-10.104(b) are met.

      (1)   Except as provided in this paragraph, large legacy trees must be planted in a minimum 500 square foot open soil area with a minimum average soil depth of 36 inches (1500 cubic feet) per tree. For locations with shallow soils of less than 36 inches in average depth, the open soil area must be a minimum 750 square feet.

      (2)   Except as provided in this paragraph, medium legacy trees must be planted in a minimum 400 square foot open soil area with a minimum average soil depth of 36 inches (1200 cubic feet) per tree. For locations with shallow soils of less than 36 inches in average depth, the open soil area must be a minimum 750 square feet.

      (3)   Legacy trees must be a minimum of 30 feet measured horizontally from the closest point of a building or other structure on the property or an adjacent property at the time of installation.

      (4)   Legacy trees may not share required minimum open soil areas with large or medium trees.

      (1)   Planting areas in an urban streetscape or located above underground buildings or structures must have the following open soil area depths and dimensions:

         (A)   For each small tree installation, a minimum of 30 inches of soil depth and 25 square feet of open soil area (total of 62.5 cubic feet).

         (B)   For each large or medium tree installation, a minimum of 36 inches of soil depth and 25 square feet of open soil area and a combination of open soil area, covered soil area, and root paths for a minimum of 240 cubic feet of soil volume. Large or medium trees planted in less than 480 cubic feet of soil volume do not count as replacement trees for purposes of Division 51A-10.1300.

      (2)   Trees may share open soil areas.

      (1)   the proposed alternative soil depths and dimensions are sufficient to support the healthy and vigorous growth of the plant materials affected;

      (2)   the depth to impermeable subsurface prohibits minimum soil depth requirements; or

      (3)   that the proposed structural soils or suspended paving system are sufficient to support the healthy and vigorous growth of the plant materials.

         (A)   two feet from side yard and rear yard property boundaries;

         (B)   20 feet from traffic signs and light poles;

         (C)   two-and-one-half feet from pavement; and

         (D)   five feet from electrical transmission boxes, fire hydrants, in-ground or above-ground utility access, underground local utility lines, and water meters.

         (A)   five feet from buildings; and

         (B)   10 feet from all other trees.

         (A)   12 feet from buildings;

         (B)   10 feet from small trees;

         (C)   20 feet from other medium trees;

         (D)   20 feet from large trees; and

         (E)   15 feet from the closest point of an overhead electric line.

         (A)   15 feet from buildings;

         (B)   10 feet from small trees;

         (C)   20 feet from medium trees;

         (D)   25 feet from other large trees; and

         (E)   20 feet from the closest point of an overhead electric line.

      (1)   caliper is measured at 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);

      (2)   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

      (3)   if a tree has multiple stems, caliper is one-half of the combined caliper of the three largest trunks.

      (1)   Except as provided in this section, automatic irrigation systems must be installed in conjunction with new required landscaping for commercial and multifamily uses with combined landscape areas of 500 square feet or more per building site.

      (2)   The automatic irrigation system must be:

         (A)   shown on a landscape plan or irrigation plan; and

         (B)   adequate to maintain the plant materials in a healthy, growing condition at all times.

      (1)   shown on the landscape plan, if any; and

      (2)   capable of maintaining the plant materials in a healthy, growing condition at all times.

      (1)   certified by a landscape architect or licensed irrigator;

      (2)   shown on a stamped landscape plan or irrigation plan; and

      (3)   capable of maintaining the plant materials in a healthy, growing condition at all times. (Ord. Nos. 22053; 25155; 30929)

(Ord. 30929)

   (a)   Required plant materials must be maintained in a healthy, growing condition at all times. The property owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning, and other maintenance of all plantings as needed. Any required plant that dies or is removed must be replaced with another living plant that complies with this article and the approved landscape plan, if any, within 90 days after notification by the city.

   (b)   Any damage to utility lines resulting from the negligence of the property owner or his agents or employees in the installation and maintenance of required plant materials in a utility easement is the responsibility of the property owner. If a public utility disturbs a landscaped area in a utility easement, it shall make every reasonable effort to preserve the plant materials and return them to their prior locations after the utility work. If, nonetheless, some plant materials die, it is the obligation of the property owner to replace the plant materials. (Ord. Nos. 22053; 30929)

   A landscape and tree manual is provided by the director as a technical guide for conserving, protecting, maintaining, and establishing the green infrastructure, landscape, and urban forest of the city in conjunction with this article. The director shall maintain the landscape and tree manual. (Ord. Nos. 22053; 22581; 25047; 25155; 30929)

      (1)   The board may grant a special exception to the requirements of Division 51A-10.100 and Division 51A-10.120, other than fee and notice requirements, upon making a special finding from the evidence presented that:

         (A)   strict compliance with the requirements of Division 51A-10.100 or Division 51A-10.120 will unreasonably burden the use of the property;

         (B)   the special exception will not adversely affect neighboring property; and

         (C)   the requirements are not imposed by a site-specific landscape plan approved by the city plan commission or city council.

      (2)   In determining whether to grant a special exception under Paragraph (1), the board shall consider the following factors:

         (A)   The extent to which there is residential adjacency.

         (B)   The topography of the site.

         (C)   The extent to which landscaping exists for which no credit is given under this article.

         (D)   The extent to which other existing or proposed amenities will compensate for the reduction of landscaping.

      (1)   The board may grant a special exception to the requirements of Division 51A-10.130, other than fee and notice requirements, upon making a special finding from the evidence presented that:

         (A)   strict compliance with the requirements of Division 51A-10.130 will unreasonably burden the use of the property;

         (B)   the special exception will not adversely affect neighboring property; and

         (C)   the requirements are not imposed by a site-specific landscape plan or tree mitigation plan approved by the city plan commission or city council.

      (2)   In determining whether to grant a special exception under Paragraph (1), the board shall consider the following factors:

         (A)   The extent to which there is residential adjacency.

         (B)   The topography of the site.

         (C)   The extent to which landscaping exists for which no credit is given under this article.

         (D)   The ability to plant replacement trees safely on the property.

         (E)   The extent to which alternative methods of replacement will compensate for a reduction of tree mitigation or extended time for tree replacement. (Ord. Nos. 22053; 25155; 30929)

   (a)   Except as provided in this article, this division does not apply to the following:

      (1)   Property governed by a landscape plan approved by the city council, the city plan commission, or the board of adjustment.

      (2)   Property lots in the following districts:

         (A)   The Dallas Arts District (Planned Development District Nos. 145 and 145-H/18).

         (B)   The Deep Ellum/Near East Side District (Planned Development District No. 269).

         (C)   The Oak Lawn Special Purpose District (Planned Development District No. 193).

         (D)   Central area districts.

      (3)   Restoration of a building that has been damaged or destroyed by fire, explosion, flood, tornado, riot, act of the public enemy, or accident of any kind. For purposes of this section, "restoration" means the act of putting back into a former or original state.

      (4)   Property located within or in close proximity to an airport boundary if the city's director of aviation determines that the required landscape materials will threaten public health or safety.

   (b)   Only Section 51A-10.125(a) of this division applies to lots containing single family or duplex uses.

   (c)   This division only becomes applicable to a lot or tract when the nonpermeable coverage on the lot or tract is increased by more than 2,000 square feet within a 24-month period, not including portions of pedestrian pathways, that are between three feet in width and 15 feet in width, or when an application is made for a building permit for construction work that:

      (1)   increases the number of stories and increases the height of a building on the lot; or

      (2)   increases by more than 35 percent or 10,000 square feet, whichever is less, the combined floor areas of all buildings on the lot within a 24-month period. The increase in combined floor area is determined by adding the floor area of all buildings on the lot within the 24 months prior to application for a building permit, deducting any floor area that has been demolished in that time or will be demolished as part of the building permit, and comparing this figure with the total combined floor area after construction.

   (d)   When this division becomes applicable to an individual lot or tract, its requirements are binding on all current and subsequent owners of the lot or tract.

   (e)   The city council shall, as a minimum, impose landscaping requirements that are reasonably consistent with the standards and purposes of this division as a part of any ordinance establishing or amending a planned development district, or granting or amending a specific use permit. (Note: This subsection does not apply to ordinances that merely renew a specific use permit when no substantive changes are made other than to extend the time limit of the permit.) All landscaping requirements imposed by the city council must be reflected in a landscape plan that complies in form and content with the requirements of Section 51A-10.123 and complies with Division 51A-10.100.

(Ord. Nos. 19455; 19786; 20496; 22053; 25155; 30929)

      (1)   wholly include the area on which the construction work is to be done;

      (2)   have an area that does not exceed 50 percent of the area of the developed or undeveloped building site;

      (3)   include all new exterior paving additions except portions of pedestrian pathways, that are between three feet in width and 15 feet in width;

      (4)   include the street buffer zone for new construction or additions that are located wholly, or in part, within 60 feet of the nearest street frontage; and

      (5)   include the residential buffer zone for new construction or additions that are located wholly, or in part, within 60 feet of the nearest residential adjacency.

      (1)   Except as provided in this subsection, any artificial lot created by the director of park and recreation must wholly include the area on which the construction work is to be done.

      (2)   Portions of pedestrian pathways that are between three feet and 15 feet in width are excepted from this requirement.

   (a)   If this division applies to a lot pursuant to Section 51A-10.121, a landscape plan must be submitted to the building official with the application for a building permit for work on the lot. For landscape plans that are not submitted electronically, a landscape plan submission must consist of two blueline or blackline prints. The plan must have a scale of one inch equals 50 feet or larger (e.g. one inch equals 40 feet, one inch equals 30 feet, etc.) and be on a standard drawing sheet of a size not to exceed 36 inches by 48 inches. A plan which cannot be drawn in its entirety on a 36 inch by 48 inch sheet must be drawn with appropriate match lines on two or more sheets.

   (b)   Except as provided in this article, any person may prepare the landscape plan required under this division.

   (c)   A landscape plan required under this division must contain the following information:

      (1)   Date, scale, north point, and the names, addresses, and telephone numbers of each property owner and the person preparing the plan.

      (2)   Location of existing boundary lines and dimensions of the lot, the zoning classification of the lot, and the zoning classification of adjacent properties. A vicinity map should also be attached to or made a part of the plan.

      (3)   Approximate centerlines of existing water courses and the location of the flood plain, the escarpment zone, and geologically similar areas, as those terms are defined in Article V, if applicable; the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys, utility easements, driveways, and sidewalks on or adjacent to the lot.

      (4)   Location of centerlines of overhead and underground utility lines within and adjacent to the building site, and the location of all utilities, utility easements, including the location of utility poles, generators, and equipment, and any items listed in Section 51A-10.104(h).

      (5)   Project name, street address, and lot and block description.

      (6)   Location, height, and material of proposed screening and fencing (with berms to be delineated by one-foot contours).

      (7)   Locations and dimensions of required landscape areas.

      (8)   Complete description of plant materials shown on the plan, including names (common and scientific name), locations, quantities, container or caliper sizes at installation, heights, spread, and spacing. The location and type of all existing trees on the lot over six inches in diameter must be specifically indicated to be counted as required landscape trees.

      (9)   Complete description of landscaping and screening to be provided in or near off-street parking and loading areas, including information as to the amount (in square feet) of landscape area to be provided internal to parking areas and the number and location of required off-street parking and loading spaces.

      (10)   An indication of which protected trees will be removed during construction and how existing healthy trees proposed to be retained will be protected from damage during construction.

      (11)   Size, height, location, and material of proposed seating, lighting, planters, sculptures, and water features.

      (12)   A description of proposed watering methods or an irrigation plan.

      (13)   Location of visibility triangles on the premises (if applicable).

      (14)   Existing and proposed locations of trees transplanted on-site. (Ord. Nos. 19455; 10496; 22053; 30929)

      (1)   Substitution of more appropriate plant species.

      (2)   Revisions required by utility conflicts.

      (3)   Locations of plant materials up to a maximum of 10 feet. (Ord. Nos. 19455; 20496; 22053; 30929)

            (i)   Nursery stock trees must be a species listed in the approved tree list maintained by the director.

            (ii)   Trees must have a minimum caliper of two inches.

            (iii)   Trees must be planted a minimum of 20 feet on center from the nearest point of an overhead electric line.

            (iv)   An existing, healthy, and protected tree on the lot or parkway may count as a required tree if it is not a boundary tree abutting adjacent private property.

         (A)   Shared access developments must comply with the following requirements:

            (i)   A landscape plan meeting the requirements of Section 51A-10.104 and Section 51A-10.123 must be approved before a building permit for grading is issued or a private development contract pursuant to Section 51A-8.612 is approved, in conjunction with construction.

            (ii)   The minimum required landscape area for a shared access development is determined by the number of individual lots. Landscape areas in individual lots may be included in the total landscape area measurement for developments with a maximum of 36 individual lots. Permeable pavement does not count as landscape area.

               (aa)    Shared access developments with a maximum of 10 individual lots must provide a minimum landscape area equal to 10 percent of the total shared access development area.

               (bb)    Shared access developments with a minimum of 11 and a maximum 36 individual lots must provide a minimum landscape area equal to 15 percent of the total shared access development area.

            (iii)   One site tree must be provided for every 4,000 square feet within the shared access development. The trunk of any site tree must be located at least two-and-one-half feet from any pavement. Site trees must be species listed in the approved tree list. Large or medium nursery stock trees may not be planted within 20 feet on center of the nearest point of an overhead electric line.

            (iv)   One plant group must be provided for every 40 feet of street frontage. Plant groups may be located within the front yard or parkway if all private licensing requirements of the city code and charter are met. In this subparagraph, parkway means the portion of a street right-of-way between the projected street curb and the front lot line or corner side lot line. If the director determines that a large or medium tree would interfere with utility lines, one substitute small tree from a species listed in the approved tree list may be provided.

         (B)   Plant groups for shared access developments must include the following:

            (i)   one large tree and two small trees;

            (ii)   one large tree and three large evergreen shrubs; or

            (iii)   one large tree, two small trees, and one large evergreen shrub.

 

 

            (i)   A minimum six foot wide planting area is required that meets the minimum soil area and volume requirements in Section 51A-10.104.

            (ii)   The planting area may be designed with open soil areas or covered soil areas.

            (iii)   The planting area is measured from the property line unless the building official determines that the planting area may be measured from the back of curb if necessary due to physical restraints of the property, including conflicts with local utilities.

            (iv)   A minimum of one design option must be provided in the front yard or right-of-way area.

            (i)   a minimum depth of five foot maintained along the property as a street buffer zone;

            (ii)   local utility location;

            (iii)   appropriate planting conditions; and

            (iv)   city licensing and permit requirements.

            (i)   Except as provided in this subparagraph, one large or medium street buffer tree must be provided for every 40 linear feet of frontage.

            (ii)   For frontages less than 20 linear feet, a large or medium street buffer tree is not required.

            (iii)   Large or medium trees must have a minimum caliper of three inches.

            (iv)   When existing conditions prohibit planting large trees or medium trees, the building official may approve two small trees be substituted for each large tree or medium tree.

            (i)   a minimum depth of five feet; or

            (ii)   an area no less than five percent of the total lot area.

         (A)   A landscape area must be provided along that portion of the perimeter of a lot where residential adjacency exists. The residential buffer zone must have an average depth of 10 feet, a minimum depth of five feet, and a maximum depth of 30 feet. No portion of the residential buffer zone may exceed 10 percent of the lot depth excluding paved surfaces at points of vehicular and pedestrian ingress or egress.

         (B)   The residential buffer zone must include a minimum of one plant group every 40 feet. Plant groups must include:

            (i)   Where screening is required, one minimum three-inch caliper large or medium tree.

            (ii)   Where screening is not required:

               (aa)   one large or medium tree and three small trees;

               (bb)   one large or medium tree and three large evergreen shrubs;

               (cc)   one large or medium tree, two small trees, and one large evergreen shrub; or

               (dd)   one large or medium tree, one small tree, and two large evergreen shrubs.

         (C)   If the building official determines that the location of a local utility prohibits planting large trees or medium trees, two small trees may be planted for each large tree or medium tree.

         (D)   Large or medium trees must have a minimum caliper of two inches.

               (aa)    Minimum caliper is three inches.

               (bb)     Planting must be within a landscape area.

               (cc)   The center of the trunk at grade must be planted a minimum of four feet from pavement.

               (aa)   No parking space may be located more than 70 feet from the trunk of a large or medium tree.

               (bb)    Except as provided in this item, a landscape area must be located at each end of a single row of parking spaces and contain a minimum of one large or medium tree.

                  (I)    The building official may waive this requirement in order to preserve existing trees and natural features or due to unique natural site features.

                  (II)    Parking island landscape areas are not required adjacent to handicapped parking spaces.

               (cc)    Except as provided in this romanette, maximum number of parking spaces allowed between parking island landscape areas is 12. The building official may waive this requirement in order to preserve existing trees and natural features or due to the presence of unique natural site features.

               (dd)   No maximum number of parking spaces when a parking row:

                  (I)    abuts a median landscape area running the length of the parking row with a minimum of one tree per 40 linear feet;

                  (II)    abuts a residential buffer zone landscape area; or

                  (III )   abuts a street buffer zone landscape area.

            (i)   All off-street loading spaces on a lot with residential adjacency must be screened from that residential adjacency.

            (ii)   In all districts except CS and industrial districts, all off-street loading spaces on a lot must be screened from all public streets adjacent to that lot.

            (iii)   The screening required under Subparagraphs (A) and (B) must be at least six feet in height measured from the horizontal plane passing through the nearest point of the off-street loading space and may be provided by using any of the methods for providing screening described in Section 51A-4.602(b)(3).

            (i)   One tree having a caliper of at least two inches must be provided for each 4,000 square feet of lot area, or fraction thereof, except for industrial and warehouse uses in IM and IR districts, where one tree having a caliper of at least two inches must be provided for each 6,000 square feet of lot area, or fraction thereof.

            (ii)   Existing protected tree species that are determined by the building official to be healthy may be used to satisfy the site tree requirement, in accordance with the tree credit chart below:

 

            (i)   Large and medium trees must have a minimum caliper of two inches, or a minimum height of six feet, depending on the standard measuring technique for the species.

            (ii)   Small trees must have a minimum height of six feet.

            (iii)   Large evergreen shrubs must have a minimum height of two feet.

For purposes of this paragraph, "height" is measured from the top of the root ball or, if the plant is in a container, from the soil level in the container. (Ord. Nos. 19455; 19786; 20496; 22053; 24731; 25155; 26333; 28424; 28803; 30239; 30654; 30929)

 

         (A)   Large or medium tree caliper increase: One point per additional caliper inch for each required tree (up to a maximum caliper of six inches.)

         (B)   Additional large shrub plant: 0.25 points.

         (C)   Additional small tree: 0.5 points.

         (D)   Additional large or medium tree: one point.

         (A)   Minimum required soil volume: five points.

         (B)   Increase in soil volume 10 percent above minimum requirement: six points.

         (C)   Increase in soil volume 15 percent above minimum requirement: seven points.

         (D)   Increase in soil volume 20 percent above minimum requirement: eight points.

         (E)   Increase in soil volume 25 percent above minimum requirement: nine points.

         (F)   Increase in soil volume 30 percent or greater above minimum requirement: 10 points.

         (A)   The screening may not be required screening.

         (B)   The screening must extend along the entire street frontage of the parking lot, excluding:

            (i)   driveways and accessways at points of ingress and egress to and from the lot; and

            (ii)   visibility triangles.

         (C)   Underground parking and enclosed garage parking structures are not considered to be surface parking lots for purposes of this subsection.

         (D)   The screening may be designed with the following options for a maximum total of 20 points:

            (i)   Benches located at one per 60 feet of street frontage (minimum of two).

            (ii)   Pedestrian street lamps (free-standing or wall mounted) at one per 50 feet of street frontage.

            (iii)   Enhanced sidewalk with stamped concrete or brick pavers for pedestrian uses for the full width of the sidewalk, along the entire frontage. Pavement cannot be used to meet the enhanced pavement option in Paragraph (7).

            (iv)   Minimum unobstructed sidewalk width of eight feet.

            (v)   Water feature.

            (i)   1 to 5,000 square feet: three points; and

            (ii)   each additional 1,000 square feet: one point.

            (i)   50 to 100 feet long: three points; and

            (ii)   each additional 50 feet: one point.

            (i)   In a minimum of 50 percent of landscape areas: three points.

            (ii)   In a minimum of 80 percent of landscape areas: five points.

            (iii)   Low-water consumption grasses for 80 percent of turf surfaces: three points.

            (iv)   Low-water consumption grasses for all turf surfaces: five points.

            (i)   Increase landscape area of 50 percent of the required parking lot landscape islands. Five points.

            (ii)   Increase landscape area of 75 percent of the required parking lot landscape islands. 10 points.

            (i)   Increase landscape area of 50 percent of the required parking lot landscape islands. Seven points.

            (ii)   Increase landscape area of 75 percent of the required parking lot landscape islands. 12 points.

   (a)   Except as otherwise provided in Subsection (b), all landscaping must be completed before the final inspection of any building on the lot. If there is an approved landscape plan for the lot, the landscaping must comply with that plan before the final inspection.

   (b)   If the property owner provides the building official with documented assurance that the landscaping will be completed within six months, the building official may permit the property owner to complete his landscaping during the six-month period. For purposes of this subsection, "documented assurance" means:

      (1)   a copy of a valid contract to install the landscaping in accordance with the landscape plan within the six-month period; or

      (2)   a set of deed restrictions containing a covenant to install the landscaping in accordance with the landscape plan within the six-month period. The deed restrictions must:

         (A)   expressly provide that they may be enforced by the city of Dallas;

         (B)   be approved as to form by the city attorney; and

         (C)   be filed in the deed records of the county in which the land is located.

   (c)   If, at the end of the six-month period, the landscaping has not been installed in accordance with the landscape plan, the owner of the property is liable to the city for a civil penalty in the amount of $200 a day for each calendar day thereafter until the landscaping is properly installed. The building official shall give written notice to the property owner of the amount owed to the city in civil penalties, and shall notify the city attorney of any unpaid civil penalty. The city attorney shall collect unpaid civil penalties in a suit on the city's behalf.

   (d)   The civil penalty provided for in Subsection (c) is in addition to any other enforcement remedies the city may have under city ordinances and state law. (Ord. Nos. 19455; 20496; 22053; 30929)

   Whenever any work is being done contrary to the provisions of this division, the building official may order the work stopped by notice in writing served on any person engaged in the work or causing the work to be done. A person issued this notice shall stop work immediately until authorized by the building official to proceed with the work. (Ord. Nos. 25155; 30929)

   (a)   This division applies to all property in the city except for:

      (1)   except as provided in this section, lots smaller than two acres in size that contain single-family or duplex uses in residential districts; and

      (2)   lots in an overlay district or a planned development district with tree preservation regulations that vary appreciably from those in this article, as determined by the building official.

   (b)   In this section, a tree removal property with an area of two acres or less in a residential district is considered to be vacant when an application is made for a demolition permit to demolish a single family or duplex structure. The tree removal property is considered to be vacant until:

      (1)   the demolition permit is closed (not expired) by the building inspector (reinstating the single family or duplex use); or

      (2)    a certificate of completion is provided to the tree removal property owner for a new single family or duplex structure for occupancy on the property.

   (c)   Historic trees on lots smaller than two acres in size that contain single-family or duplex uses in residential districts may be recognized in accordance with Section 51A-10.133. (Ord. Nos. 22053; 25155; 28553; 30929)

   The city council intends that this division fully comply with state law to encourage the active planting of new trees and the replacement of damaged, injured, or removed trees by providing alternatives and options that will enhance the urban forest. (Ord. 30929)

   Deviations from this division require a three-quarters vote of the city council. (Ord. 30929)

      (1)   Except as provided in this subsection, a responsible party must post either an approved tree removal application in accordance with this section or a building permit in a conspicuous place at the entrances to the tree removal property, before removing or seriously injuring a protected tree on that tree removal property.

      (2)   A tree removal application must be posted in a conspicuous place at the entrance to the tree removal property in conjunction with a demolition permit or a grading permit.

      (3)   For trees removed from public right-of-way, posting of the required tree removal application is not required.

         (A)   A tree survey that shows the location, diameter, and name (both common and scientific) of all trees on the tree removal property (trees in close proximity that all have a diameter of less than eight inches may be designated as a "group of trees" with only the number noted), or an estimate of the total diameter inches of protected trees, calculated and documented using a tree sampling method determined by the building official to be reasonably accurate. The survey does not have to be prepared by a registered surveyor, architect, or landscape architect. Trees not proposed for removal or serious injury, or located further than 20 feet from proposed construction activity need not be shown on the survey unless the building official determines it would help evaluation of the application.

         (B)   A forest stand delineation ("FSD") used for the purpose of calculating the total square footage of forest canopy coverage of building sites and providing an ecological assessment of a property. An FSD must be approved by the building official. The building official shall determine the information required to be provided in an FSD. The FSD is applicable to and may be used to calculate:

            (i)   Tree canopy cover assessment for old-field tree stands and undeveloped lots, two acres or larger, in early succession stages when:

               (aa)   a stand, or partial stand, with a minimum of 60 percent Class 3, eastern red cedar, or unprotected trees is located in a proposed development impact area;

               (bb)   the forest stand delineation excludes areas within 50 feet of a one-percent chance floodplain, 50 feet of a wetland, 50 feet of an escarpment zone, or 150 feet of a stream bank;

               (cc)   the trees in the stand, or partial stand, is designated in an age class of 60 years or less by the building official based on site and historical data; and

               (dd)   the stand is assessed and surveyed using tree sampling methods which provide general species quantity and tree size determinations based on the use of quadrat plots, a transect line sampling method, point-quarter sampling method, or other method approved by the building official.

            (ii)   Tree canopy cover credit for single family and duplex construction.

            (iii)   Tree canopy cover assessment of development impact areas in conjunction with sustainable development incentives.

            (iv)   Tree canopy cover assessment on properties five acres or larger with institutional and community service uses or recreation uses when the measured tree canopy coverage is the baseline for determining the number of trees required for replacement when using the canopy cover replacement calculation for legacy trees in Section 51A-10.134(c)(7).

            (v)   Forest analysis for baseline documentation to create a conservation easement.

            (vi)   Tree canopy cover assessment where trees are removed without authorization.

      (5)   All permits and approvals related to floodplain, wetland, or escarpment regulations required by city departments or other agencies.

      (6)   Any other reasonable and pertinent information that the building official determines to be necessary for review.

      (1)   The feasibility of relocating a proposed improvement that would require the removal or serious injury of the tree.

      (2)   The cost of preserving the tree.

      (3)   Whether the lot or tract would comply with this article after the removal or serious injury.

      (4)   Whether the removal or serious injury is contrary to the public health, safety, or welfare.

      (5)   The impact of the removal or serious injury on the urban and natural environment.

      (6)   Whether an economically viable use of the property will exist if the application is denied.

      (7)   Whether the tree is worthy of preservation, is a significant tree, or a historic tree.

      (8)   Whether the tree is diseased or has a short remaining life expectancy.

      (9)   The effect of the removal or serious injury on erosion, soil moisture retention, flow of surface waters, and drainage systems.

      (10)   The need for buffering of residential areas from the noise, glare, and visual effects of nonresidential uses.

      (11)   Whether a landscape plan has been approved by the board of adjustment, city plan commission, or city council.

      (12)   Whether the tree interferes with a utility service.

      (13)   Whether the tree is near existing or proposed structures.

      (14)   Whether the proposed mitigation for tree removal or serious injury is sufficient.

         (A)   a tree survey and a tree protection plan implemented as required by this division; and

         (B)   proof of consultation with a qualified consulting arborist or landscape architect for planning and implementing best management practices to reduce the negative impacts of construction on protected trees before submitting the building permit for approval.

            (i)   meet the qualification requirements of Section 51A-10.135(d)(1) for sustainable development incentives;

            (ii)   reduce mitigable inches of protected trees on the tree removal property by a minimum of 50 percent through application of tree canopy coverage credit using Sustainable Development Incentives procedures; and

            (iii)   develop and implement the sustainable landscape plan and tree preservation plan in Section 51A-10.135(d)(4).

            (i)    The building official shall not waive mitigation of protected trees for non-required off-street parking spaces. The number of inches waived must be reduced on a pro-rata basis determined by the percentage of non-required parking spaces provided in the parking area. (Example: If the number of parking spaces required is 450; and 521 spaces are being provided on the lot, then the tree mitigation requirements shall not be waived for the 71 excess parking spaces. [71/450=15.78%]).

            (ii)   The building official shall not waive mitigation of protected trees for an area greater than 70 percent of the tree removal property. Trees must be mitigated on a pro-rata basis if the develop ment impact area exceeds 70 percent of the tree removal property. (Example: If the development impact area is 85 percent of the tree removal property, 15 percent of the trees removed must be mitigated, [0.85-0.70=0.15].

         (G)   Denial. The building official shall deny a development impact area waiver if the building official determines that the owner is in violation of any of the applicable requirements of this division during the period between initial review and final tree mitigation or landscape inspection. If a waiver is denied, the required tree replacement must be completed in accordance with Section 51A-10.134. (Ord. Nos. 22053; 25155; 30929; 31314)

   (a)   A property owner must agree, on a form approved by the director, to have a tree designated as historic before the historic designation can be approved by city council.

   (b)   Except as provided in this section, historic status lasts for the life of the tree.

   (c)   A certified copy of the resolution declaring a tree historic must be filed in the deed records of the county where the historic tree is located.

   (d)   Except as provided in Section 51A-10.140, historic trees may only be removed by authorization of the city council. (Ord. 30929)

      (1)   A protected tree that meets the requirements of this section is not considered removed, or seriously injured, if the transplanted tree is planted and maintained in a healthy growing condition.

      (2)   Building official approval is required before beginning the transplantation for credit as a landscape tree, for tree replacement, or for acceptance in tree canopy coverage measurements.

      (3)   The following information is required to obtain building official approval.

         (A)   An initial assessment report describing transplanting practices from beginning to end of the process, including post-planting care practices.

         (B)   A tree survey or landscape plan identifying the original and final locations of the protected tree after transplant, as applicable.

         (C)   Names and contact information of the property owners and contractors.

         (D)   Contractor credentials and a statement of equipment and procedures to be used for the operation.

         (E)   Other information required by the building official.

      (1)   Healthy small trees qualify for one inch of replacement credit for each inch of the transplanted tree.

      (2)   Healthy large and medium protected trees six inches in diameter or less qualify for one inch of replacement credit for each inch of the transplanted tree.

      (3)   Healthy large and medium protected trees between seven inches and 12 inches in diameter qualify for two inches replacement credit for each inch of the transplanted tree.

      (4)   Healthy large and medium protected trees between 12 inches and 24 inches in diameter qualify for three inches of replacement credit for each inch of the transplanted tree.

      (5)   Healthy large and medium protected trees 24 inches or more in diameter qualify for five inches of replacement credit for each inch of the transplanted tree.

      (1)   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.

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

         (A)   Except as provided in this section, the minimum total caliper of replacement trees must equal or exceed the total classified diameter inches of the protected trees removed or seriously injured as listed below.

         (B)   Tree classification for mitigation:

            (i)   Historic trees: 3:1    

            (ii)   Significant: 1.5:1

            (iii)   Class 1: 1:1

            (iv)   Class 2: 0.7:1

            (v)   Class 3: 0.4:1

         (A)   A replacement tree must be an approved tree determined by the director.

         (B)   For a tree removal property two acres in size or more, no one species of tree may constitute more than 35 percent of the replacement trees planted on the tree removal property.

         (A)   Except as provided in this section, all replacement trees must be planted within 30 days of removal.

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

            (i)   If the property owner submits an application for a building permit for construction on the tree removal property within the six-month period, the tree replacement requirements may be transferred to the building permit for final completion of all tree replacement prior to a final certificate of occupancy or certificate of completion for the property.

            (ii)   If the property owner does not submit an application for a building permit for construction within the six-month period, all tree replacement must be completed within 30 days after the expiration of the six-month period.

         (C)   For residential subdivision developments and multi-phase commercial developments, tree replacement may be completed in accordance with a comprehensive tree replacement plan for the development. The building official may allow the property owner additional time to complete the development project to plant the replacement trees, with the following restrictions:

            (i)   A proposed landscape plan identifying all conceptual landscaping for the properties within the subdivision must be provided by a landscape architect and designed according to the soil and area requirements of this article. The proposed plan will specify the minimum tree size and general species distribution for the properties in accordance with this article. The tree replacement for the development identified on the proposed plan must be completed prior to the final certificate of occupancy or certificate of completion for the project.

            (ii)   All required tree replacement that is not scheduled by an approved design for the property under the comprehensive tree replacement plan must be completed within six months of issuance of the tree removal application or building permit for removing trees.

         (A)   except as provided in this paragraph, no mitigation is required for a tree stand when:

            (i)   at least 60 percent of the trees in the stand are Class 3, eastern red cedar, or unprotected species; and

            (ii)   the average tree diameters in the stand are less than 12 inches DBH.

         (B)   significant trees in a stand located on an old-field or undeveloped lots must be mitigated.

         (A)   the tree removal property must maintain or increase the tree canopy coverage for the property recorded in the most recent FSD; and

         (B)   significant trees that are included in the FSD tree canopy coverage must be replaced according to the diameter standards for significant trees in this article.

         (C)   A replacement tree that dies within five years of the date it was planted must be replaced by another replacement tree that complies with this section. (Ord. Nos. 22053; 25155; 30929)

      (1)   Lots or artificial lots smaller than five acres on properties that are not using sustainable development incentives may attain replacement credit for planting legacy trees on the tree removal property.

      (2)   Each tree planted and designated as a legacy tree is given a 12 inch replacement credit.

      (3)   For lots containing a single-family or duplex use, credit will only be provided for legacy trees planted in the portion of the lot that abuts a street and extends across the width of the lot between the street and a main building and lines parallel to and extending outward from the front facade of a main building.

      (1)    Habitat preservation and restoration areas that are established to provide a dedicated open landscape area for native flora and fauna habitat preservation or restoration may be credited toward tree mitigation.

      (2)   To receive credit, habitat preservation and restoration areas must be a minimum of 1,200 square feet of contiguous area, as shown on a landscape plan.

      (3)   Credit will only be given for a maximum of 2,400 square feet of habitat and preservation area or 20 percent of the tree canopy cover goal for the property, as determined by the street typology of the adjacent street in Section 51A-10.135(d)(2)(A), whichever is greater.

      (4)   Every 1,200 square feet of habitat preserved that is not under a tree canopy may be counted as 12 diameter inches of tree replacement credit.

      (5)   These areas must be actively monitored and managed to be fully sustained as a protected habitat area including compliance with a maintenance plan provided to the building official.

         (A)   Properties must be a minimum of two acres with no residential uses except multifamily uses and shared access developments.

          (B)   Properties must contain commercial or multifamily uses or a shared access development.

         (C)   Before a building permit is issued, a consulting arborist or landscape architect must provide the following to the building official:

            (i)   A forest stand delineation.

             (ii)   A conceptual landscape plan identifying tree preservation, areas, natural features, landscape areas, proposed buildings, and any other site elements or improvements in as much detail as possible.

            (iii)   A soil resource assessment for all landscape areas.

         (D)   All healthy top soils disturbed during construction must be restored.

         (E)   Development must be fitted to the topography and soils to minimize cut-and-fill sections.

         (F)   Grading and clearing in or around the development impact area may not encroach in a primary natural area, except in conjunction with the construction of drainage facilities, approved through engineering review.

            (i)   Grading near preserved trees and around the edge of the development impact area must be planned and implemented to insure minimal impact to natural topography, watercourses, vegetation, and wildlife.

            (ii)   Indigenous vegetation must be retained and protected except in development impact areas or to control or remove invasive plants.

         (G)   Utility easement planning and locations must be designed to insure minimal impact to preserved trees and primary natural areas.

         (H)   All tree preservation and legacy tree plantings must fully comply with the tree protection requirements and soil area and tree spacing standards of this article.

         (I)   A consulting arborist is required;

            (i)   for design and implementation of a tree protection plan and soil resource assessment;

            (ii)   to periodically inspect preserved trees;

            (iii)   to insure the standards for legacy tree plantings are implemented; and

            (iv)   to confirm compliance with these requirements to the building official before the final landscape inspection.

         (J)   Irrigation standards must be designed for efficient water conservation management on the property including dedicated irrigation for all legacy trees.

         (K)   A site maintenance schedule and implementation plan for site sustainability covering a minimum of five years must be approved by a consulting arborist or landscape architect and fully implemented. The schedule and plan must be available at the property.

            (i)   The combined preserved and planted legacy and landscape tree canopy cover measured in square feet is compared to the tree canopy cover goal for the property to determine the percentage of tree replacement reduction to be provided.

 

 

Canopy cover goal percentages are converted to square feet by multiplying the percent and the total square footage of the building site.

            (i)   Old-field mitigation reduction credit under Section 51A-10.134(c)(6).

            (ii)    Transplanted tree on site credit under Section 51A-10.133.1(c).

            (i)   Canopy cover credit square footage is divided by the tree canopy goal for the building site, measured in square feet, to obtain the percentage reduction.

            (ii)   The base mitigation requirement is reduced by the percentage above to determine the number of inches of mitigation remaining due.

            (i)   Preserved tree canopy cover is determined by completing a forest stand delineation and a conceptual landscape plan showing the protected trees to be preserved.

            (ii)   Preserved tree canopy cover credit, measured in square feet, must be confirmed before final inspection. Preserved tree canopy cover in a primary natural area is calculated at a rate of 0.25:1.

            (i)   Large legacy trees are counted towards the tree canopy cover total at a rate of 1,200 square feet per tree.

            (ii)   Medium legacy trees are counted towards the tree canopy cover total at a rate of 750 square feet per tree.

         (A)   Additional tree mitigation reductions are available through enhanced site planning and design, landscape, and water conservation improvements that directly promote urban forest conservation.

         (B)   Required green site points are calculated by determining the percentage of the tree canopy cover goal or the percentage of existing tree canopy cover compared to the overall building site area before development. The percentage is rounded and converted to points at a 1:1 ratio (i.e., 30 percent = 30 points).

            (i)   For building sites three acres or less, the required number of points is determined by the tree canopy cover goal or the tree canopy cover before construction, whichever is greater.

            (ii)    For all other building sites, the required number of points is determined by the tree canopy cover before construction, but must be a minimum of 50 points.

         (C)   Green site points from enhanced landscaping are determined as follows:

               (aa)   a plan for the design, implementation, and maintenance of a water-wise program and water-wise planting materials on a minimum of 75 percent of development impact area; and

               (bb)   a soil resource assessment throughout development for all landscape areas and required trees.

               (aa)    Minimum required soil volume: five points

               (bb)    Increase in soil volume 10 percent above minimum requirement: six points.

               (cc)    Increase in soil volume 15 percent above minimum requirement: seven points.

               (dd)    Increase in soil volume 20 percent above minimum requirement: eight points.

               (ee)    Increase in soil volume 25 percent above minimum requirement: nine points.

               (ff)    Increase in soil volume 30 percent or greater above minimum requirement: 10 points.

               (aa)   One to 5,000 square feet: three points; and

               (bb)   each additional 1,000 square feet: one point.

               (aa)   50 to 100 feet long: three points; and

               (bb)   each additional 50 feet: one point.

               (aa)   For providing water conservation techniques in a minimum of 50 percent of landscape areas: three points; or

               (bb)   in a minimum of 80 percent of landscape areas: five points.

               (cc)   For providing low-water consumption grasses for 80 percent of turf surfaces: three points; or

               (dd)    low-water consumption grasses for all turf surfaces: five points.

               (aa)    Increase of 50 percent of the required parking lot landscape islands. Five points.

               (bb)    Increase of 75 percent of the required parking lot landscape islands. 10 points.

               (aa)    Increase of 50 percent of the required parking lot landscape islands. Five points.

               (bb)    Increase of 75 percent of the required parking lot landscape islands. 10 points.

      (1)   The tree canopy cover goal is 40 percent of the building site.

      (2)   Healthy large and medium trees preserved on the building site, including boundary trees, may be included in tree canopy cover calculations. Invasive trees and trees located within 20 feet on center of the nearest overhead public electric line are not included in the calculation.

      (3)   Each large and medium nursery stock tree planted as landscaping may also qualify as 300 square feet of tree canopy cover. If the tree canopy cover goal is met, additional landscape trees are not required, except that one tree must be provided in the front yard.

      (4)   Healthy large and medium trees preserved in the required front yard setback may qualify for double the total square footage of preserved tree canopy coverage.

      (5)   Boundary trees located on adjacent private property must be protected to the drip line according to the tree protection plan.

      (6)   The tree canopy cover must be measured by a forest stand delineation, verified and approved by the building official. The forest stand delineation must be provided by a consulting arborist.

      (1)   The conservation easement area must contain protected trees with a combined diameter equal to or exceeding the classified diameter inches for which replacement tree credit is being requested.

      (2)   The conservation easement area must be a minimum of 20 percent of the size of the development impact area on the tree removal property and must be:

         (A)   configured primarily for urban forest conservation and preservation by protecting natural topography, waterways, forest vegetation, and wildlife habitation; and

         (B)   a suitable size, dimension, topography, and general character for its intended purpose.

      (3)   No portion of the conservation easement may be narrower than 50 feet in width.

      (4)   A conservation easement must have frontage on an improved public street or have public access through private property to a public street.

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

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

         (B)   submission by the applicant of a metes and bounds property description prepared by a licensed surveyor; and

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

            (i)   the submission of baseline documents prepared by a qualified professional describing the property's physical and biological conditions, the general age of any tree stands, locations of easements and construction, and the conservation values protected by the easement;

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

            (iii)   the overall health and condition of the trees on the conservation easement property, and the extent of invasive and exotic plants on the property and a strategy to manage the population;

            (iv)   the suitability of the area as a wildlife habitat;

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

            (vi)   the preservation of undeveloped areas located in a flood plain on a building site before and after construction, except as authorized by the director for engineering infrastructure.

      (6)   The conservation easement may be structured to be monitored and managed by a nonprofit association dedicated to the conservation of land, with the city as a joint grantee having the right, but not the duty, to monitor the management of the conservation area.

      (7)   The city manager may not accept a sole or joint conservation easement on behalf of the city, unless and until the owner provides the building official with:

         (A)   a tree survey as set forth in Section 51A-10.132, or an estimate of the caliper and type of protected trees documented in a manner determined to be reasonably accurate by the building official, or a forest stand delineation verified and approved by the building official; and

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

      (8)   No person may place playground equipment or park amenities in a conservation easement area unless the building official has made a written determination that the amenities indicated on a site plan are unlikely to be detrimental to the conservation easement area.

      (9)   Conservation easement areas must be located wholly within the Dallas city limit.

      (1)   provide a replacement tree to a city department for planting on city property, with the approval of the director of the city department.

      (2)   plant a replacement tree on property in the city that is within five miles of the tree removal property as long as the responsible party obtains the written approval of the building official and provides:

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

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

            (i)   The agreement may be structured to allow a non-profit association dedicated to tree advocacy or the conservation of land to monitor and manage the replacement trees.

            (ii)   The agreement must include a written affidavit by the owner of the property where the replacement tree will be planted agreeing to maintain the tree for five years and to be the responsible party for the replacement tree.

         (C)   A responsible party who obtains permission to plant the replacement tree on other tree replacement property in the city shall ensure that the planting and maintenance of the tree on the other tree replacement property complies with the requirements of this article.

      (1)   Except as provided in this subsection, to be eligible for tree mitigation credits, dedicated park land and private park land must meet the conservation easement standards in Sections 51A-10.135(f)(1), 51A-10.135(f)(3), and 51A-10.135(f)(5).

      (2)   Park land dedication requirements may be met on an acre for acre basis for any land dedicated as a conservation easement under this section that meets the conservation easement standards in this section and the requirements for publicly accessible private park land in Section 51A-4.1007(b)(2)(A)(i) and is accepted by the director of the park and recreation department.

         (A)   Mitigation requirements may be met by making a payment into a special city account, to be known as the Reforestation Fund in accordance with this subsection.

         (C)   All property purchased through this fund must be located within the city of Dallas.

               (aa)    Located within a declared federal, state, or local disaster area;

               (bb)    Declared eligible for reforestation by the city council; or

               (cc)    Confirmed by the director to have contained a vulnerable or threatened tree species on the property, as specified by the Texas Department of Agriculture, and was in imminent threat of infestation.

               (aa)   A tree survey or forest stand delineation must be provided that meets minimum requirements established by the director.

               (bb)    Physical evidence must be presented by the owners of individual lots documenting individual tree loss.

               (aa)    Except as provided in Item (dd), parkway trees and trees located in alleys adjacent to residential lots may be replaced at the discretion of the director.

               (bb)   All reforestation tree planting projects on private property must be conducted between October and March.

               (cc)   The owner of a reforestation property is responsible for providing any necessary proof of the loss of a large or medium established tree to a natural deforestation event on the owner's property. Photo documentation, Google Street View, and aerial imagery may qualify as confirmation.

               (dd)    Property owners are not required to participate in a neighborhood reforestation project to replace damaged or destroyed trees. The city will not replace a parkway tree if the adjacent property owner chooses not to receive a tree for a location the property owner must maintain.

               (ee)    Replacement trees provided through a reforestation tree planting project must be planted on the same property that sustained the tree loss.

               (ff)   The caliper size of replacement trees provided through a reforestation tree planting project must be between one and three inches.

               (gg)    Boundary tree replacements must be placed on a single property. Two adjoining properties may each qualify for a tree.

               (hh)   All replacement trees provided through a reforestation tree planting project must be planted in accordance with the requirements of this chapter.

               (ii)   An approved planting plan may be required by the director.

               (aa)    Reforestation fund expenditures are limited to the purchase and provision of trees. Reforestation funds may not be expended on installation or maintenance.

               (bb)    Reforestation fund replacement trees may not be used as required landscaping on lots permitted for new construction. (Ord. Nos. 25155; 28073; 28553; 30929; 30934; 31616; 32340)

      (1)   must be established and maintained in accordance with ANSI A300 standards for tree care operations and the ISA Best Management Practices; or

      (2)   the American Standard for Nursery Stock Z60.

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

         (B)   A complete tree survey in accordance with the requirements set forth in Section 51A-10.132, or a forest stand delineation approved by the building official. Significant and historic trees must be specifically designated on the survey.

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

            (i)   Tree protection fencing. Tree protection fences must be constructed within the development impact area unless an alternative is approved by the building official on the tree protection plan.

               (aa)    Except as provided in this subparagraph, tree protection fences must be a minimum of four feet high, constructed with adequate, durable material (e.g. orange plastic construction fencing) approved by the building official, and located at the drip line or the edge of the critical root zone, whichever is farthest from the trunk, unless the building official determines that a fence line closer to the trunk will not be likely to result in damage to the tree. The building official may require an expansion of the critical root zone or approved encroachment. Once established, the fence line must remain in place as approved.

               (bb)   Tree protection fences located in the development impact area within 15 feet of construction activity must be a minimum of six-feet-high and constructed of chain-link, wire-mesh, or wood fence materials, and be solidly anchored to the ground if:

                  (I)    a required tree protection fence located within the critical root zone of a protected tree on the property is determined by the building official to be in violation of this subsection;

                  (II)    a significant or historic tree is located within a development impact area;

                  (III)    a tree preservation plan for sustainable development incentives is designed for the preservation of protected trees within the area of construction activity; or

                  (IV)    tree canopy cover credit for single family or duplex uses is applied to protected trees in the construction activity area.

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

            (iii)   Tree protection signs.

            (iv)    Transplanting specifications. Trees to be transplanted on property, or relocated from a remote property, must conform to the specifications found in ANSI A300 Standard for Tree Care Operations, as amended.

            (v)   Tree wells, islands, retaining walls, and aeration systems.

            (vi)   Staking specifications.

            (vii)   Soil and root protection.

            (viii)   Trunk protection.

            (ix)   Tree and site watering plan.

      (1)   The responsible party must install and maintain all tree protection measures indicated in the approved plan prior to and throughout the land disturbance process and the construction phase.

      (2)   No person may disturb the land or perform construction activity until the required tree protection measures have been inspected by the building official.

      (3)   The responsible party must mulch areas where soil compaction is likely to occur as indicated on the plan with a minimum four-inch layer of wood chip mulch, or by other options listed in ISA Best Management Practices, or methods and materials recommended by a consulting arborist and approved by the building official.

      (4)   If a cut is made to the root of a tree that is not intended to be removed or seriously injured as indicated on the plan, the cut must be made at a 90 degree angle.

      (5)   The responsible party must tunnel utilities if utilities are to run through a tree protection zone, rather than being placed along corridors between tree protection zones.

      (6)   The responsible party must provide water to the tree protection zone as needed due to weather or site conditions, with penetration between six and 18 inches of soil.

      (1)   site evaluation;

      (2)   visible extensive damage to a tree root system;

      (3)   extensive soil compaction around the tree protection zone;

      (4)   visual evidence that required tree protection has been removed or is in disrepair; or

      (5)   a tree risk assessment by a consulting arborist that includes the current condition and proposed remedial measures.

      (1)   Mitigation may include:

         (A)   replacement of nursery stock trees on the property based on a tree mitigation plan provided by the responsible party, if it is determined by the building official that it is practicable to plant trees on the tree removal property;

         (B)   other alternative methods of compliance in this article when approved by the building official; or

         (C)   a fee to be applied to the Reforestation Fund, with the amount determined in Section 51A-10.135.

      (2)   The responsible party must provide a tree survey or a forest stand delineation identifying all tree sizes and species, or tree canopy coverage, on the property.

         (A)   If the responsible party fails to provide the required information within 30 days of the notice of violation the building official may conduct a forest stand delineation using aerial imagery, field analysis, or other reasonable and pertinent information to review and identify the square footage of tree canopy coverage on the property.

         (B)   Required mitigation is calculated as follows:

               (aa)   The tree canopy coverage area is estimated by measuring the tree canopy coverage area shown in an aerial image no older than three years before notice of violation.

               (bb)   The estimated tree canopy coverage area, in square feet, on the tree removal property is divided by 1,200 square feet to determine an estimated number of trees for the area.

               (cc)   The number of trees is multiplied by eight inches as the estimated average of trees to determine the inches of the trees to be replaced.

               (aa)   The number of inches to be replaced for trees not located in a primary natural area is multiplied by the Class 2 base rate (0.7:1) to calculate reforestation fund value.

               (bb)   The number of inches to be replaced for trees located in a primary natural area is multiplied by the Class 1 base rate (1:1) to calculate reforestation fund value.

      (3)   Upon a finding by the building official that tree canopy coverage removal has occurred, the building official shall give written notification to the responsible party. Tree replacement or mitigation must be completed within 90 days of the date of the notification. (Ord. Nos. 22053; 25155; 30929)

   In considering an appeal from a decision of the building official made in the enforcement of this division, the sole issue before the board of adjustment shall be whether or not the building official erred in his or her decision. The board shall consider the same standards that the building official was required to consider in making the decision. (Ord. Nos. 22053; 25155; 30929)

   A person convicted of violating this division shall be subject to a fine of not less than $2,000.00 per protected tree removed or seriously injured without authorization, and not less than $2,000.00 per day for any other violation of this division. (Ord. Nos. 22053; 25155; 30929)

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

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

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

   (b)   It is a defense to prosecution under this section that the act is included in one of the enumerated categories listed in this section. A tree removal application or tree replacement is not required if the tree:

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

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

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

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

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

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

         (A)   the chief of the police department;

         (B)   the chief of the fire-rescue department;

         (C)   the director of transportation and public works;

         (D)   the director of sanitation services;

         (E)   the director of code compliance;

         (F)   the director of park and recreation;

         (G)   the director of development services; or

         (H)   the director of aviation.

      (7)   was designated for removal without replacement in a landscape plan approved by the city council, city plan commission, or board of adjustment;

      (8)   interfered with construction or maintenance of a public utility or public right-of-way;

       (9)   was removed or seriously injured to allow construction, including the operation of construction equipment in a normal manner, in accordance with infrastructure engineering plans approved under Article V of Chapter 49 or street paving and grading in a public right-of-way, storm drainage easement, detention or retention pond designation, or bridge construction, for private development; or

      (10)   was specifically listed as a vulnerable or threatened tree species. or species subject to quarantine, as determined by the Texas Department of Agriculture, and was in imminent threat of infestation. (Ord. Nos. 22053; 23694; 25047; 25155; 28073; 28424; 30239; 30654; 30929; 32002; 32340; 32864)