(5)       Parking lot trees.  No required parking space may be located more than 120 feet from the trunk of a large canopy tree except that in IM and IR districts, no parking lot trees are required for industrial uses if one large street tree is provided for each 25 feet of frontage.  Each parking lot tree must have a caliper of at least two inches and may not be planted closer than two and one-half feet to the paved portion of the parking lot.

                        (6)       Minimum sizes.  Except as provided in Subsections (a), (b)(3), and (b)(5) of this section, plant materials used to satisfy the requirements of this division must comply with the following minimum size requirements at the time of installation:

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

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

                                    (C)      Large evergreen shrubs must have a minimum height of three 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.

                        (7)       Buffer plant materials. 

                                    (A)      If a fence with a buffer strip is required along any part of the perimeter of a lot, [A landscape buffer strip is provided to comply with this section, or Section 51A-10.126,] the buffer strip must contain either one large canopy tree or two large non-canopy trees [one of the following groups of plant materials] at a minimum average density of one large canopy tree or two large non-canopy trees [group] for each 50 linear feet of the buffer strip, with new trees spaced no less than 25 feet apart.

                                    (B)       In all other cases, if a landscape buffer strip provided to comply with this section or Section 51A-10.126, the buffer strip, must contain one of the following groups of plant materials at a minimum average density of one group for each 50 linear feet of the buffer strip, with new trees spaced no less than 25 feet apart:

                                    (i[A])   One large canopy tree and one large non-canopy tree.

                                    (ii[B])  One large canopy tree and three small trees.

                                    (iii[C]) One large canopy tree and three large evergreen shrubs.

                                    (iv[D]) One large canopy tree, two small trees, and one large evergreen shrub.

                                    (v[E])  One large canopy tree, one small tree, and two large evergreen shrubs.

                                    (iv[F]) Two large non-canopy trees."

            SECTION 9.  That 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 add new section 51A-10.128, entitled "Violation of this Division," to read as follows:

"SEC. 51A-10.128.                 VIOLATION OF THIS DIVISION.

            The building official may withhold or revoke any permits or tree removal application approvals, or issue a stop-work order, until all violations of this division are remedied."

            SECTION 10.  That Division 51A-10.130, "Tree Preservation," 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:

"Division 51A-10.130.  Tree Preservation, Removal, and Replacement.

SEC. 51A-10.131.                  APPLICATION OF DIVISION.

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

            (a)       lots smaller than two acres in size that contain single family or duplex uses; and

            (b)       lots in a planned development district with landscaping and tree preservation regulations that vary appreciably from Article X, as determined by the building official.

                                                                                                                                    6-3-02

SEC. 51A-10.132.                  TREE REMOVAL APPLICATIONS [REVIEW].

            (a)       When an approved tree removal application is required to be posted.  A tree removal application must be approved in accordance with this section, and posted in a conspicuous place at the entrances to the lot or tract, before a person may remove a protected tree from a lot or tract. An approved tree removal application is not required to remove protected trees on a building site with a posted building permit.

            (b)       Application for review.  An application required under this section must be filed with the building official on a form furnished by the city for that purpose.  The application must include the following:

                        (1)       The name, address, telephone number, and signature of the applicant.  If the applicant is not the owner of the lot or tract, he shall submit a letter from the owner authorizing him to act on the owner’s behalf.

                        (2)       The name, address, and telephone number of each owner of the lot.

                        (3)       The street address of the lot or tract.

                        (4)       A tree survey that shows the location, caliper, and name (both common and scientific) of all trees on the lot or tract (trees in close proximity that all have a caliper of less than eight inches may be designated as a "group of trees" with only the number noted), or an estimate of the total caliper inches of protected trees, calculated and documented in a manner 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 located within 50 feet of proposed construction activity need not be shown on the survey unless the building official determines it would help evaluation of the application.

                        (5)       Floodplain, escarpment, or geographically similar area. Prior to approval by the building official, the owner of property that is in or contiguous to floodplain, wetland, escarpment area, or geologically similar area must present all required permits and approvals related to floodplain, wetland, or escarpment regulations from city departments or other agencies.

                        (6[5])   Any other reasonable and pertinent information that the building official determines to be necessary for review.

            (c)        Form of approval of tree removal application. The building official must sign an approved tree removal application before it is considered to be approved.

            (d)       Removal of tree without a permit. If a building permit or approved tree removal application has not been obtained and posted, a person commits a separate violation of this section for each tree removed.

            (e)       Decision of the building official.    The building official shall deny a tree removal application if the removal is not in the public interest.  This decision must be based on the following factors:

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

                        (2)       The cost of preserving the tree.

                        (3)       Whether the lot would comply with this article after the removal.

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

                        (5)       The impact of the removal 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.

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

                        (9)       The effect of the removal 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 is sufficient."

SEC. 51A-10.133.                  RESERVED[DECISION OF THE BUILDING OFFICIAL].

            [(a)      Form of decision.  Upon the filing of a complete tree removal application, the building official shall make a decision regarding the application within 30 calendar days of the filing date.  That decision must take one of three forms:

                        (1)       Approval, no conditions.

                        (2)       Approval, subject to conditions noted.

                        (3)       Denial.

            (b)       Failure to decide.  If the building official fails to make a decision regarding the application within 30 calendar days of the filing date, the application is considered to be approved subject to compliance with all applicable city codes, ordinances, rules, and regulations.

            (c)        Incomplete applications.  The time periods in this section do not begin to run until the applicant provides all of the information required in Section 51A-10.132(b).  In cases where the building official requests additional information within 10 calendar days of the filing date, the time periods in this section do not begin to run until the applicant provides the additional information.

            (d)       Tree removal standards.  The building official shall deny a tree removal application if the removal is not in the public interest.  This decision must be based on the following factors:

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

                        (2)       The cost of preserving the tree.

                        (3)       Whether the lot would comply with this article after the removal.

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

                        (5)       The impact of the removal 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.

                        (8)       Whether the tree is diseased.

                        (9)       The effect of the removal 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 is sufficient.

Notwithstanding the above, the building official shall grant a tree removal application when the proposed removal is necessary to allow the construction of improvements in accordance with a building permit.

            (e)       Written denial.  If the building official denies a tree removal application under this section, he shall state in writing the specific reasons for denial.

            (f)        Approval subject to conditions noted.  As an alternative to denial of a tree removal application under Subsection (d), the building official approves the application subject to conditions noted, he shall state in writing the specific requirements to be met before approval of the application.  An application approved subject to conditions noted shall not be considered as finally approved.  Until all conditions are met and the building official approves the application with no conditions, the application approved subject to conditions shall be deemed denied.]"

SEC. 51A-10.134.                  MITIGATION OF REMOVED TREES [REMOVAL].

            If the tree removal application is approved, one or more healthy replacement trees must be planted in accordance with the following requirements:

            (a)       Quantity.  The replacement trees[(s)] must equal, in caliper, the caliper of the protected trees[(s)] removed.

            (b)       Species.  A replacement tree must be one of the following trees, and no one species of tree may constitute more than 30 percent of the replacement trees planted on a lot or tract.

more>