(24)     RESPONSIBLE PARTY means the property owner and any other person or entity responsible for removal of a protected tree.

            (25[21]) REPLACEMENT TREE means a tree that is planted in accordance with Section 51A-10.134.

            (26[22]) SCREENING  means  screening that complies with [the construction and maintenance regulations in] Section 51A-4.602, except as those regulations may be expressly modified in this article.

            (27[23]) SMALL TREE  means  a  tree of a species that normally reaches a height of less than 30 feet upon maturity.

            (28[24]) SOIL means a medium that plants will grow in.

            (29)     TREE SURVEY means a report that meets all of the requirements set forth in Section 51A-10.132(b)(4).

            (30[25]) UNDERSTORY means a grouping of natural low-level woody, herbaceous plant species, or plants of species that normally reach a height of less than three feet upon maturity [ground cover species].

            (31[26]) VISIBILITY TRIANGLE means the term "visibility triangle" as defined in Section 51A-4.602.

            (32[27]) WATER COURSE means a natural or constructed channel for the flow of water."

            SECTION 2.  That the title of Section 51A-10.103, "Acceptable Landscape Materials," of Division 51A-10.100, "In General," of Article X, "Landscape and Tree Preservation Regulations," of CHAPTER 51A, "DALLAS DEVELOPMENT CODE: ORDINANCE NO. 19455, AS AMENDED," of the Dallas City Code, as amended, is amended to read as follows:

"SEC. 51A-10.103.                 ACCEPTABLE PLANT [LANDSCAPE] MATERIALS."

            SECTION 3.  That Section 51A-10.104, "Soil Requirements," of Division 51A-10.100, "In General," of Article X, "Landscape and Tree Preservation Regulations," of CHAPTER 51A, "DALLAS DEVELOPMENT CODE: ORDINANCE NO. 19455, AS AMENDED," of the Dallas City Code, as amended, is amended to read as follows:

"SEC. 51A-10.104.                 PLANTING AREA [SOIL] REQUIREMENTS.

            (a)       Planting areas in general must have the following soil depths and dimensions:

                        (1)       For each large shrub or small tree installation, a minimum of 24 inches of soil depth and 16 square feet of surface area (total of 32 cubic feet).

                        (2)       For each large tree installation, a minimum of 36 inches of soil depth and 25 square feet of surface area (total of 75 cubic feet).

            (b)       Planting areas located above underground buildings or structures must have the following soil depths and dimensions:

                        (1)       For each large shrub or small tree installation, a minimum of 30 inches of soil depth and 25 square feet of surface area (total of 62.5 cubic feet).

                        (2)       For each large tree installation, a minimum of 40 inches of soil depth and 36 square feet of surface area (total of 120 cubic feet).

            (c)        The building official may waive the minimum planting area [soil] requirements if a landscape architect certifies that the proposed alternative soil depths and dimensions are sufficient to support the healthy and vigorous growth of the plant materials affected."

            SECTION 4.  That the title of Section 51A-10.105, "Protection of Landscape Areas," of Division 51A-10.100, "In General," of Article X, "Landscape and Tree Preservation Regulations," of CHAPTER 51A, "DALLAS DEVELOPMENT CODE: ORDINANCE NO. 19455, AS AMENDED," of the Dallas City Code, as amended, is amended to read as follows:

"SEC. 51A-10.105.                 PROTECTION OF PLANTING [LANDSCAPE] AREAS."       

            SECTION 5.  That Section 51A-10.106, "Irrigation Requirements," of Division 51A-10.100, "In General," of Article X, "Landscape and Tree Preservation Regulations," of CHAPTER 51A, "DALLAS DEVELOPMENT CODE: ORDINANCE NO. 19455, AS AMENDED," of the Dallas City Code, as amended, is amended to read as follows:

"SEC. 51A-10.106.                 IRRIGATION REQUIREMENTS.

            All plant materials used as [required] screening under this article must be irrigated by an automatic irrigation system installed to comply with industry standards.  Other plant materials used to comply with this article must be located within 100 feet of a verifiable water supply.  Proposed watering methods (irrigation or otherwise) must be:

            (a)       indicated on the landscape plan, if any; and

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

                  SECTION 6.  That Section 51A-10.109, "Alternative Methods of Compliance," of Division 51A-10.100, "In General," of Article X, "Landscape and Tree Preservation Regulations," of CHAPTER 51A, "DALLAS DEVELOPMENT CODE: ORDINANCE NO. 19455, AS AMENDED," of the Dallas City Code, as amended, is amended to read as follows:

SEC. 51A-10.109.                  RESERVED [ALTERNATIVE METHODS OF COMPLIANCE].

            [(a)      If a property owner cannot plant in compliance with this article a replacement tree on the lot from which the protected tree was removed, he shall comply with one of the three following requirements:

                        (1)       Donate the tree to the city's park and recreation department.

                        (2)       Plant the tree on other property in the city within one mile of his lot as long as he obtains the written permission of the property owner of the lot where the tree is to be located and the building official.

                        (3)       Make a payment into a special city account, to be known as the Reforestation Fund, in accordance with Subsection (c).

            (b)       Other property.  If a property owner obtains permission to plant the replacement tree on other property in the city, that owner shall ensure that the planting and maintenance of the tree on the other property complies with the requirements of this article that would otherwise pertain to the planting and maintenance of the tree on his property.

            (c)        Reforestation fund.

                        (1)       The economic development department shall administer the reforestation fund.  The funds must be used only for purchasing trees to plant on public property or acquiring wooded property.

                        (2)       The amount of the payment required is calculated by using the formula for appraising the value of a tree, as derived from the most recent edition of the Guide for Establishing Values of Trees and Other Plants published by the Council of Tree & Landscape Appraisers, unless another publication is designated by the building official.  If more than one tree is being removed or not planted, the values of the trees are added when calculating the payment required.]" 

            SECTION 7.  That Section 51A-10.110, "Special Exception," of Division 51A-10.120, "Landscaping," of Article X, "Landscape and Tree Preservation Regulations," of CHAPTER 51A, "DALLAS DEVELOPMENT CODE: ORDINANCE NO. 19455, AS AMENDED," of the Dallas City Code, as amended, is amended to read as follows:

"SEC. 51A-10.110.                SPECIAL EXCEPTION.

            (a)       The board may grant a special exception to the requirements of this article, except as provided in Subsection (d), upon making a special finding from the evidence presented that:

                        (1)       strict compliance with the requirements of this article will unreasonably burden the use of the property; and

                        (2)       the special exception will not adversely affect neighboring property.

            (b)       In determining whether to grant a special exception under Subsection (a), the board shall consider the following factors:

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

                        (2)       The topography of the site.

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

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

            (c)        The board may waive the filing fee for a special exception under Subsection (a) when the board finds that payment of the fee would result in financial hardship to the applicant. The applicant may either pay the fee and request reimbursement as part of his appeal or request that the matter be placed on the board's miscellaneous docket for predetermination.  If the matter is placed on the miscellaneous docket, the applicant may not file his appeal until the merits of the request for waiver have been determined by the board.

            (d)       A special exception is not available if a landscape plan has been approved by City Council as part of a zoning case."

SECTION 7.  That Section 51A-10.121, "Application of Division," of Division 51A-10.120, "Landscaping," of Article X, "Landscape and Tree Preservation Regulations," of CHAPTER 51A, "DALLAS DEVELOPMENT CODE: ORDINANCE NO. 19455, AS AMENDED," of the Dallas City Code, as amended, is amended to read as follows:

"SEC. 51A-10.121.                 APPLICATION OF DIVISION.

            (a)       This division does not apply to the following:

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

                        (2)       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 paragraph, "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 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)        Except as otherwise provided in this section, t[T]his division only becomes applicable to a lot when an application is made for a building permit for construction work that within a 24-month period:

                        (1)       increases the number of stories in a building on the lot;

                        (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;[or]

                        (3)       increases the nonpermeable coverage on the lot by more than 2,000 square feet; or

                        (4)       reconstructs at least 35 percent or 10,000 square feet, whichever is less, of the floor area of a building, where the reconstruction is the result of an act of the owner other than for restoration as described in Paragraph 51A-10.121(a)(3).

            (d)       This division becomes applicable to a lot when any part of an area with nonpermeable coverage of more than 2,000 square feet on the lot is used to satisfy a required parking requirement.

            (e[d])  When this division becomes applicable to a lot, its requirements are binding on all current and subsequent owners of the lot.

            (f)        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."

            SECTION 8.  That Section 51A-10.125, "Mandatory Provisions," of Division 51A-10.120, "Landscaping," of Article X, "Landscape and Tree Preservation Regulations," of CHAPTER 51A, "DALLAS DEVELOPMENT CODE: ORDINANCE NO. 19455, AS AMENDED," of the Dallas City Code, as amended, is amended to read as follows:

"SEC. 51A-10.125.                 MANDATORY LANDSCAPING REQUIREMENTS [PROVISIONS].

            (a)       Single family and duplex uses.  Except as provided in Section 51A-10.127, a lot containing a single family or duplex use established after May 29, 1994, must comply with this subsection before the final inspection of any building on the lot.  The lot must have at least three trees with a caliper equal to or exceeding two inches.  At least two of these trees must be located in the front yard.  The trees must be species listed in Section 51A-10.134(b).  The trees may be located in the public right-of-way provided that all private licensing requirements of the city code and charter are met.      

                  (b)       Other uses.  Lots containing a use other than single family or duplex must comply with the following requirements:

                        (1)       Perimeter landscape buffer strip.  A landscape buffer strip must be provided along the entire length of the portion of the perimeter of the lot where a residential adjacency exists, exclusive of driveways and accessways at points of ingress and egress to and from the lot. The buffer strip must be at least 10 feet wide, except that:

                                    (A)      any portion of the buffer strip adjacent to public street frontage need not exceed 10 percent of the lot depth; and

                                    (B)       any portion of the buffer strip in the front yard and adjacent to the side lot line need not exceed 10 percent of the lot width.

                        (2)       Screening of off-street loading spaces.

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

                                    (B)       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.

                                    (C)      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).

                        (3)       Site trees. 

                                    (A)      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, with a minimum of four trees being provided, except for industrial 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, with a minimum of four trees being provided.

                                    (B)       Existing trees may be used to satisfy the site tree requirement, in accordance with the tree credit chart below, for trees that are determined by the building official to be healthy.

Caliper of retained tree                   Number of site trees credit given for retained tree

less than 2"                                                                            0

2" or more and less than 8"                                     1

8" or more and less than 14"                                               2

14" or more and less than 20"                                             4

20"or more and less than 26"                                              8

26" or more and less than 32"                                             10

32" or more and less than 38"                                             18                   

38" or more                                                                           20

                        (4)       Street trees.  A large tree must be provided for each 50 feet of frontage, with a minimum of two trees being provided.  These trees must be located within 30 feet of the projected street curb.  The trees may be located in the public right-of-way provided that all private licensing requirements of the city code and charter are met.  For purposes of this paragraph, "projected street curb" means the future location of the street curb consistent with the city thoroughfare plan as determined by the director of public works and transportation.

more>