This section shall be effective within the geographical limits of the city, including any areas subsequently annexed by the city.

(Ord. No. 1843, § 2, 7-1-03)

Caliper:　 The diameter of a tree trunk measured in inches at a height of 24 inches above natural grade. For a multi-trunk tree, the diameter shall be the total diameter of the largest trunk plus one-half of the diameter of each additional trunk.　

City horticulturist:　 The horticulturist for the City of Duncanville or his designee.　

Clear-cutting:　 The indiscriminant removal of protected trees from a site or tract.　

Critical root zone:　 The area of native soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the drip line. (Figure 2)　

Tree:　 Any self-supporting, woody perennial plant which will attain a trunk diameter of two inches or more when measured at a point 24 inches above natural ground level.　

Tree, protected:　 Any tree having a caliper of six inches or more that is not one of the following: mesquite, bois d'arc, thorny honey locust, hackberry, cottonwood, cedar, china-berry (common), native black willow, and native red/white mulberry.　

Tree, replacement:　 A tree as listed in the approved tree replacement list (Figure 1) that has a minimum caliper required per section 12-146 and a minimum height of seven feet, measured at ground level, at time of planting.　

(Ord. No. 1736, § 1, 7-17-01; Ord. No. 1843, § 2, 7-1-03; Ord. No. 1878, § 1, 2-3-04)

Editor's note:　 Sections renumbered to avoid conflict with prior Ord. No. 1688.　

Cross references:　 Rules of construction generally, § 1-3.　

The terms and provisions of this section apply to all property as follows:

(1)　　　All vacant (without structures), undeveloped land.

(2)　　　All property to be redeveloped, including additions and alterations but excluding interior alterations.

(3)　　　Street rights-of-way, parks, and any other public property under the jurisdiction of the city shall be governed by this section. (Easements on private property shall not be considered as rights-of-way or public property)

(4)　　　All Duncanville Independent School District Property.

(Ord. No. 1843, § 2, 7-1-03)

(a)　　　This article does not apply to single-family, duplex and single-family attached lots (including any public right-of-way abutting said single-family, duplex, and single-family attached lots) after initial development and final inspection of the dwelling nor to any expansion, addition or alteration to any existing single-family, duplex and single-family attached dwelling. This article does not apply to the redevelopment of single-family, duplex or single-family attached dwellings on a lot previously used fora single-family, duplex and single-family attached dwelling. However, the development of any new nonresidential or multi-family structure on a lot previously used or zoned for a single-family, duplex and single-family attached dwelling residential use shall not be exempt from the requirements of this article.

(b)　　　This article shall not apply to protected trees within the footprint area of only the proposed main structure(s) on the lot (residential or nonresidential).

(c)　　　Nothing herein contained shall require any change in the plans, construction or designated use of any parcel of property, for which a permit for construction has been issued, as of the effective date of this article or amendments hereto.

(d)　　　During the period of an emergency, such as a tornado, storm, flood or other natural disaster, the requirements of this article may be waived as deemed necessary by the emergency management coordinator or other designee of the city manager.

(1)　　　In addition to rights granted by easement, utility service providers lawfully within the right-of-way may remove trees during the period of an emergency that are determined by the provider to be a danger to public safety and welfare by interfering with utility service.

(2)　　　The city may clear streets and public rights-of-way of damaged or fallen trees, tree limbs, or other debris as needed as a result of a storm event.

(e)　　　In the pursuit of installation or maintenance of its facilities, utility service providers, including the city, or their contractors, agents, successors and assigns shall have the right to trim or remove trees so as to prevent any part of such trees from becoming a danger to public health, safety and welfare by interfering with utility service. Where possible trimming shall be done in a manner such that the aesthetics and health of the trees are not destroyed. Existing trees already growing into utility lines shall be trimmed as necessary. The city may require boring under trees within the critical root zone area instead of trenching.

(f)　　　In the pursuit of installation or maintenance of drainage facilities, creek channel lining, or erosion control measures, the city, or its contractors, agents, successors and assigns shall have the right to trim or remove trees so as to prevent any part of such trees from becoming a danger to public health, safety and welfare by interfering with said drainage improvements. The city may require boring under trees within the critical root zone area instead of trenching.

(g)　　　A diseased or damaged tree which is beyond the point of recovery or in danger of falling shall be exempt from the provisions of this article in terms of tree replacement and tree preservation plan. A tree removal permit, however, shall be required. In the case of a code enforcement action, the notice of violation and description of the action to be taken shall serve as the permit to commence work. The removal of a diseased tree by the city or by an individual is required to reduce the chance of spreading the disease to adjacent, healthy trees.

(h)　　　Plant nurseries shall be exempt from the provisions of this article only in relation to those trees planted and growing on the premises for sale, either retail or wholesale.

(i)　　　Any property for which a design contract has been awarded by the city council on or before the adoption of this article shall be exempt from the provisions of this article.

(j)　　　Any paved surface within the critical root zone of a protected tree, which is in existence on or before the effective date of this article, may be replaced or maintained.

(Ord. No. 1843, § 2, 7-1-03; Ord. No. 1878, § 2, 2-3-04)

(a)　　　No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging, any protected tree regardless of whether the protected tree is on private property or the abutting public right-of-way, unless covered by section 12-147--Exemptions.

(b)　　　No clear-cutting of land is allowed. Prior to the removal of any protected tree on a site, regardless of construction or development schedule, a tree preservation plan must be submitted to and approved by the city.

(c)　　　Prior to construction or development on a site that contains one or more trees, a tree preservation plan must be submitted to and approved by the city. If the site does not contain any protected trees, a letter, prepared by a registered surveyor, engineer, architect or landscape architect, shall be submitted to the city which verifies that protected trees are not on the subject site.

(d)　　　The tree preservation plan submittal shall be accompanied by a site plan that includes, but is not limited to the following:

(1)　　　Delineation of site boundaries;

(2)　　　Location of all existing or proposed structures and of all improvements such as streets, alleys and easements;

(3)　　　A survey depicting the location and caliper of all protected trees to be preserved.

(e)　　　Protected trees which are not required to be removed or have been identified on the tree preservation plan to be preserved must be protected under the following conditions:

(1)　　　No materials intended for the use in construction or waste materials accumulated due to excavations or demolition shall be placed within the limits of the critical root zone.

(2)　　　No equipment shall be cleaned or other foreign materials deposited or allowed to flow overland within the critical root zone of a protected tree. This includes without limitation, paint, oil, solvents, asphalt, concrete, mortar or similar materials.

(3)　　　No signs, wires or other objects, other than those of a protective nature shall be attached to any protected tree. However, lighting of a decorative nature may be attached to a protected tree. The lighting shall be attached in a manner as not to damage the protected tree.

(4)　　　No vehicular and or construction traffic or parking shall take place within the limits of the critical root zone of any protected tree other than on an existing paved surface. This restriction does not apply to access within the critical root zone for purposes of clearing underbrush, establishing the building pad and associated lot grading, vehicular traffic necessary for routine utility maintenance or emergency restoration of utility service or routine mowing operations.

(5)　　　Grade changes shall be allowed within the limits of the critical root zone of any protected tree only upon approval by the city.

(6)　　　No paving with concrete or other approved impervious materials shall be placed within the critical root zone of a protected tree. However, paving may encroach up to five feet from the trunk upon approval by the city.

(7)　　　In those situations where a protected tree is within 50 feet of a construction area, a protective fence, minimum of four feet in height, shall be erected and maintained outside of the critical root zone of each protected tree or tree group. The protective fencing shall be only required on the subject site, if the critical root zone extends onto adjacent property. It is not the intent of this provision to prohibit the development of a site in accordance with subsection (6) above.

(8)　　　No person, directly or indirectly, shall prune, cut down, destroy, remove or move, or effectively destroy through damaging, any protected tree on city-owned property unless otherwise permitted by this article.

(f)　　　The city shall have the right to plant, prune, and maintain any tree located on public park land or any other municipally-owned property as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public properties. The city may remove or cause or order to be removed any tree or part of thereof, which is in an unsafe condition, or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, drainage improvements, regulatory signs, or other public improvements.

(Ord. No. 1843, § 2, 7-1-03)

(a)　　　No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging, any protected tree without first obtaining a tree removal permit unless otherwise specified in this article. Tree removal permits are required, whether development, redevelopment, or construction is pending or not. The application for a tree removal permit shall be submitted on a form provided by the city.

(b)　　　Tree removal permits may be issued with proper verification that the protected tree(s) is damaged or diseased.

(c)　　　Tree removal permit applications may be submitted in conjunction with a tree preservation plan.

(d)　　　An application for a tree removal permit shall be submitted in conjunction with the following:

(1)　　　An application for a final plat or replant including the development of new internal streets, or

(2)　　　If the property is platted, an application for a tree removal permit shall be submitted in advance of or in conjunction with a permit application for new construction.

(e)　　　The application for a tree removal permit shall be accompanied by a site plan that includes, but is not limited to the following:

(1)　　　Delineation of site boundaries;

(2)　　　Location of all existing or proposed structures in conjunction with a building permit application, or improvements or facilities such as streets, alleys and easements in conjunction with a plat application;

(3)　　　A survey depicting the location, species and caliper of all protected trees to be removed; and

(4)　　　The reason for the proposed tree removal shall be summarized on legend form on the plan. The same summary shall also be submitted on a legible 8.5 inch x 11 inch document.

(f)　　　Upon receipt of a valid application for a tree removal permit, the city horticulturist shall be responsible for the review and approval of all requests submitted in accordance with the requirements specified herein.

(g)　　　Any decision of the city horticulturist may be appealed to the park and recreation advisory board which shall provide a recommendation to the city council. Action by the city council shall be final.

(h)　　　Consideration for the approval of a tree removal permit shall be based upon the following guidelines:

(1)　　　Whether the removal of the protected tree is permitted by section 12-147--Exemptions;

(2)　　　Whether or not a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the removal of the protected tree;

(3)　　　The effect of the removal of the protected tree on erosion, soil moisture, retention, flow of surface waters, and drainage systems;

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

(5)　　　Whether the removal of the protected tree affects the public health, safety or welfare of the city; and

(6)　　　Whether the application demonstrates the attempt to preserve existing trees on the site.

(i)　　　An approved tree removal permit shall expire within 12 months of final action of the city if the permits or plats are not approved under subsection (d) of this section.

(Ord. No. 1843, § 2, 7-1-03)

(a)　　　Replacement trees shall be required under the following conditions:

(1)　　　To remove a protected tree as specified in section 12-149;

(2)　　　To replace a tree that was identified on a tree preservation and replacement plan but dies within one year of the date it was planted.

(b)　　　Replacement trees shall be planted in accordance with the provisions of this article per the following rates:

TABLE INSET:

(c)　　　No more than 34 percent of the number of replacement trees shall be of the same species when 12 or more trees are required.

(d)　　　Acceptable types of replacement trees are designated in the approved tree replacement list, Figure 1.

(e)　　　The replacement trees shall be located on the subject site whenever possible. However, if there is not a suitable location for the replacement trees on the subject site, payment of a fee into the tree restoration fund in an amount in accordance with a fee schedule provided by the city shall be required. The fee schedule shall be based on the current Texas A & M Extension Service Fact Sheet for Evaluation of Texas Shade Trees. The funds shall be used for the purpose of purchasing, installing and maintaining trees on public rights-of-way, public park land or any other municipally-owned property.

(Ord. No. 1798, § 1, 8-20-02; Ord. No. 1843, § 2, 7-1-03; Ord. No. 1878, § 3, 2-3-04)

(a)　　　Trees identified on a tree protection and preservation plan or trees identified to be replaced shall be eligible to meet the requirements and credits of appendix A, article XIV-E (landscape ordinance) of the comprehensive zoning ordinance for areas of the site, except within the landscape buffer. The minimum landscape requirements of the landscape buffer shall be met in addition to this article when applicable.

(b)　　　No protected tree shall be pruned in a manner which significantly disfigures the tree or in a manner which would reasonably lead to the death of the tree. This section is not intended to require a tree removal permit for reasonable pruning performed or contracted to be performed by the owner of the tree.

(c)　　　Trees required to be planted by this article shall be planted in accordance with the intersection visibility triangles as specified appendix A, article XIV-E, section 9 of the Duncanville Landscape Ordinance.

(d)　　　The filling and reclamation of property and mitigation as delineated on a section 404 permit, issued by the U.S. Army Corps of Engineers shall be permitted in lieu of the requirements of this article. The removal of any protected tree on the subject property shall be in accordance with a filling, reclamation, and mitigation plan approved and/or ordered by the corps of engineer’s incident to the filling and reclamation of wetlands and flood lands on such property. As soon as the reclamation and mitigation prescribed by the corps of engineers has been completed, and the property is no longer under the supervision and authority of the corps of engineers, this article shall immediately apply to such property thereafter.

(Ord. No. 1843, § 2, 7-1-03)

(a)　　　The city council, after conducting a public hearing, shall hear appeals from decisions of city staff and may approve a tree removal permit and approve a variance to all or a portion of the requirements to provide for replacement trees for the following:

(1)　　　A public or recreational use or structure but not including rights-of-way or easements,

(2)　　　A private use that usually requires large areas of open space (impervious surface),

(3)　　　Development of heavily forested sites where the strict compliance of the requirements of this article will unreasonably burden the use of the property.

(4)　　　Amount of payment to the tree restoration fund.

(Ord. No. 1693, § 1, 1-2-01; Ord. No. 1843, § 2, 7-1-03; Ord. No. 1878, § 4, 2-3-04)

Figure 1　

City of Duncanville　
Approved Replacement Tree List　

TABLE INSET:

Notes:

* Plants preferred due to their lower water demand and high pest resistance.

(Ord. No. 1843, § 2, 7-1-03)

Secs. 12-153, 12-154. Reserved

(1)　　　Landscaping is accepted as adding value to property and is in the interest of the general welfare of the city. The objectives of this ordinance are as follows:

(A)　　　To ensure that the local stock of trees and vegetation is preserved and replenished.

(B)　　　To provide visual buffering and enhance the beautification of the city.

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

(D)　　　To conserve energy, water, and natural resources through the use of Xeriscape materials and strategies.

(E)　　　To protect the public health, safety, and general welfare.

Therefore, landscaping is hereafter required of new development and altered construction as described in section 2, as well as the resultant of an owner initiated zoning change of developed property to a zoning district listed below. A common development which includes more than one lot shall be treated as one lot for the purpose of this article. Split ownership, planning in phases, construction in stages, or multiple building permits for a project shall not prevent it from being such a common development.

(2)　　　This article shall not apply to the following:

(A)　　　Single-family residences where only one such dwelling structure is constructed per lot, and

(B)　　　Agricultural uses.

This article XIV-E shall apply only to the following zoning districts, to wit:

TABLE INSET:

All nonresidential uses in Residential Zoning Districts.

(Ord. No. 1865, § 1, 11-18-03; Ord. No. 1882, § 1, 3-2-04)

The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all developed property that is rezoned to a zoning district listed above, all new construction, or any building expansion construction occurring within the city, except that single-family dwellings shall be exempt. Additionally, any use requiring a specific use permit or a PD zoning designation must comply with these landscape standards as a minimum. The provisions of this section shall be administered by the building official or his designee.

Each phase of a phased project shall comply with the requirements of this article. Phase lines if drawn shall be drawn 20 feet or more from developed site elements (parking, buildings, ponds, etc.). The portion left for subsequent phases shall remain of developable size and quality. No building permit shall be issued for a subsequent phase of a project until all requirements of this article have been met.

If at any time after the issuance of a certificate of occupancy, the approved landscaping is found to be in nonconformance to the standards and criteria of this article, the building official or designee shall issue notice to the owner, citing the violation and describing what action is required to comply with this article. The owner, tenant or agent shall have 30 days from date of said notice to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this ordinance.

(Ord. No. 1882, § 1, 3-2-04)

Building official:　 Shall mean the building official of the City of Duncanville or his designee.　

Calculations:　 For the purpose of this article, all calculations dealing with required quantities of trees, shrubs, etc. shall be rounded up to the next whole number (i.e. 4.1 trees shall equal five trees).　

Caliper:　 The diameter of a tree trunk measured in inches at a height of 24 inches above natural grade. For a multi-trunk tree, the caliper shall be the diameter of the largest trunk plus one-half of the sum of the diameters of the additional trunks. Caliper measurements are actual measurements and shall not be rounded up.　

Canopy tree:　 A species of tree that normally bears crown foliage no lower than six feet above ground level upon maturity.　

City horticulturist:　 Shall mean the horticulturist for the City of Duncanville or his designee.　

Clear cutting:　 The indiscriminate removal of protected trees from a site or tract.　

Critical root zone:　 The area of native soil around a tree defined by the concentric circle with a radius equal to the distance from the trunk to the outermost portion of the drip line. (Figure 8)　

Crown:　 In plan view, the nominal diameter of the foliage of the tree. The part of a tree which includes branches and leaves.　

Director:　 Shall mean the director of public works of the City of Duncanville or his designee.　

Drip line:　 A line on the ground equal to the spread of crown of the tree. (See Figure #5).　

Enhanced pavement:　 Any permeable or nonpermeable decorative pavement material intended for pedestrian or vehicular use. Examples of enhanced pavement include brick or stone pavers, grass pavers, exposed aggregate concrete, and stamped and stained concrete.　

Evergreen tree or shrub:　 A tree or shrub of a species that normally retains its leaves throughout the year.　

Ground cover:　 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.　

Landscape architect:　 A person licensed to use the title of "landscape architect" in the State of Texas in accordance with state law.　

Landscape area:　 An area which is covered by natural grass, ground cover, or other natural plant materials.　

Landscape area (parking lot):　 The landscaped area of the lot, less the required landscape buffer strip adjacent to public right-of way.　

Landscape buffer strip:　 A landscape area that serves a buffer function.　

Landscape plan:　 A plan prepared by a person knowledgeable in plant material (landscape architect, landscape contractor, landscape designer, etc.) and containing the information required in section 5.　

Large shrub:　 A shrub that normally reaches a height of six feet or more upon maturity.　

Large tree:　 A tree that is a minimum of three inches in caliper [measured 24 inches above natural grade] and seven feet in height at the time of planting. At maturity, large trees shall have an average spread of crown of greater than 15 feet, and normally reaches a height of 30 feet or more. Trees having a lesser average mature crown span of 15 feet may be substituted by grouping the same so as to create the equivalent of 15 feet crown of spread.　

Major thoroughfare:　 For the purpose of this article, a major thoroughfare shall mean any existing or proposed 4-lane or greater divided thoroughfare as defined in the City of Duncanville Thoroughfare Plan. This also includes Highway 67 and I.H. 20.　

Nonpermeable coverage:　 Coverage with nonpermeable pavement. "Nonpermeable pavement" means any pavement that is not "permeable pavement" as defined in this section.　

Permeable pavement:　 A paving material that permits water penetration to a soil depth of 18-inches or more. Permeable pavement may consist of nonporous surface materials poured or laid in sections not exceeding one square foot in area and collectively comprising less than two-thirds of the total surface area.　

Protected tree:　 Any tree having a caliper of six inches or more that is not one of the following trees: Mesquite, bois d'arc, thorny honey locust, hackberry, cottonwood, cedar, china-berry (common), native black willow, and native red/white mulberry.　

Remove:　 An act that causes a tree to decline and die within three years of the act. It includes, but is not limited to: the cutting down of a tree; a compaction of soil above the root system of a tree; a change of the natural grade above the root system of a tree; and injury to a tree from fire or other causes which results in or permits infections or pest infestations; an application of herbicidal or other lethal chemicals; and placement of nonpermeable pavement over the root system of a tree.　

Replacement tree:　 A tree as listed in the Approved Tree Replacement List that has a minimum caliper required by chapter 12, article XVII, section 12-146 of the Duncanville Code of Ordinances and a minimum height of seven feet, measured at ground level, at the time of planting.　

Small tree:　 A tree that is a minimum of one inch in caliper and five feet in height at the time of planting.　

Soil:　 A medium that plants will grow in.　

Street yard:　 The street yard is the area between the front face of structure(s) and the front property line. On corner lots, the street yard shall also include the area between the side face of a building and the adjacent side property line. (See Figures #1 and #2).　

Tree:　 Any self-supporting, woody perennial plant which will attain a trunk diameter of two inches or more when measured at a point 24 inches above natural ground level.　

Tree, protected:　 See Protected tree.　

Tree, replacement:　 See Replacement tree.　

Visibility triangle:　 The term "visibility triangle" as defined in section 9 of this article. (See Figure #6).　

(Ord. No. 1882, § 1, 3-2-04)

No permits shall be issued for building, paving, grading or construction until a detailed landscape plan is submitted and approved by the city horticulturist. A conceptual or generalized landscape plan shall be shown as part of the site plan as required in article XIV-H. Prior to the issuance of a certificate of occupancy for any building or structure, all screening, buffering, and landscaping shall be in place in accordance with the landscape plan.

In any case in which a certificate of occupancy is sought at a season of the year in which the city horticulturist determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, a temporary certificate of occupancy may be issued by the building official provided a letter of agreement from the property owner is provided stating when the installation shall occur. All landscaping required by the landscaping plan shall be installed within six months of the date of the issuance of the certificate of occupancy.

(Ord. No. 1882, § 1, 3-2-04)

Prior to the issuance of a building, paving, grading or construction permit, a landscape plan shall be submitted to the building official. The city horticulturist or his designee shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in accord, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance.

Landscaping plans shall be prepared by a person knowledgeable in plant material usage and landscape design (e.g. landscape architect, landscape contractor, landscape designer, etc.) and shall contain the following minimum information:

(1)　　　Minimum scale of one inch equals 50 feet.

(2)　　　Location, size and species of all trees to be preserved (do not use "tree stamps" unless they indicate true size and location of trees).

(3)　　　Location of all plant and landscaping material to be used, including plants, paving, benches, screens, fountains, statues, earthen berms, retention or ornamental ponds (to include depth of water), topography of site, or other landscape features.

(4)　　　Species of all plant material to be used.

(5)　　　Size of all plant material to be used.

(6)　　　Spacing of plant material where appropriate.

(7)　　　Layout and description of irrigation, sprinkler, or water systems including placement of water sources, and description of freeze cut-off/protection devices.

(8)　　　Description of maintenance provision.

(9)　　　Person(s) responsible for the preparation of the landscape plan.

(10)　　　Mark indicating North.

(11)　　　Date of the landscape plan.

(Ord. No. 1882, § 1, 3-2-04)

The following criteria and standards shall apply to landscape materials and installation:

(1)　　　All required landscaped open areas shall be completely covered with living plant material. Landscaping materials such as wood chips and gravel may be used under trees, shrubs and other plants.

(2)　　　Plant materials shall conform to the standards of the approved plant list for the City of Duncanville and the American Standard for Nursery Stock. Grass seed, sod, and other material shall be clean and reasonably free of weeds and noxious pests and insects.

(3)　　　Trees shall have an average spread of crown of greater than 15 feet at maturity. Trees having a lesser average mature crown of 15 feet may be substituted by grouping the same so as to create the equivalent of 15 feet crown of spread. Large trees shall be a minimum of three inches in caliper (measured 24 inches above the ground) and seven feet in height at time of planting. Small trees shall be a minimum of one inch in caliper and five feet in height. The above requirements are for new trees that are proposed to satisfy landscaping requirements. See chapter 12, article XVII, section 12-146, Duncanville Code of Ordinances for "replacement tree" requirements.

(4)　　　Shrubs not of the dwarf variety shall be a minimum of three feet in height when measured immediately after planting. Hedges, where installed for screening purposes, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen which will be five feet high within two years after time of planting, or an effective height of five feet of berm and shrub height measured together.

(5)　　　Vines not intended as ground cover shall be a minimum of two feet in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet landscape screening requirements as set forth.

(6)　　　Grass areas shall be sodded, plugged, sprigged, and hydro-mulched or seeded except that solid sod shall be used in swales, earthen retention ponds, earthen berms or other areas subject to erosion.

(7)　　　Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably completed coverage within one year of planting.

(8)　　　All required landscaped open space shall be provided with adequate and inconspicuous irrigation systems. Areas totaling less than ten square feet may be irrigated by other methods. Freeze cut-off monitors shall be provided.

(9)　　　Any trees preserved on the site under consideration meeting the herein specifications may be credited toward meeting the tree requirement of any landscaping provision of this section according to the following table:

TABLE INSET:

Mesquite, bois d'arc, thorny honey locust, hackberry, cottonwood, cedar, china-berry (common), native black willow, and native red/white mulberry trees are exceptions to the above and will receive no credit for tree preservation. Existing trees beyond 50 feet in any direction beyond the proposed and/or existing structure (or to the closest property line, whichever is less) shall also receive no credit. All other existing trees may receive credit if they are not on the city's approved plant material list but approved by the building official or designee.

Should any required tree designated for preservation in the landscape plan die, be damaged, or be removed, the owner shall replace the tree in accordance with chapter 12, article XVII, section 12-146, of the Duncanville Code of Ordinances.

(10)　　　No protected trees greater than six inches in caliper may be cut, destroyed or damaged on the development site until a tree preservation plan is approved and appropriate permits issued.

(11)　　　Earthen berms shall have side slopes not to exceed 33.3 percent [three feet of horizontal distance for each one foot of height]. All berms shall contain necessary drainage provisions as may be required by the director of public works.

(Ord. No. 1882, § 1, 3-2-04)

(1)　　　All nonresidential properties and apartments shall have at least 20 percent of the street yard in permanent landscape area. (See Figures #1 and #2) The required landscaping shall consist of a mixture of plant materials consisting of grass and/or ground covers, plants, shrubbery and trees of a variety of sizes as approved on the landscape plan. The street yard shall be defined as the area between the building front and the front property line. For any facility that provides gasoline sales on site, there is required a minimum 15 percent landscape area for the entire site, including a 600 square foot landscape area at appropriate intersection corners, which can be counted toward the 15 percent requirement.

(2)　　　A minimum 15-foot landscape buffer (interior parkway) adjacent to the right-of-way of any existing or proposed major thoroughfare street is required. Corner lots fronting two major thoroughfares shall be required to observe the 15-foot buffer on both street frontages. All other street frontages shall observe a minimum ten-foot landscape buffer. Developers shall be required to plant one large tree per 40 linear feet or portion thereof of street frontage. In areas where overhead utilities are present, substitute trees (a minimum one inch) in caliper and a minimum five feet tall) shall be planted per the Approved Plant List made a part of this article.

For the purpose of this section, driveway widths, measured at the property line, may be excluded from the street frontage calculation. Trees may be grouped or clustered to facilitate site design. The landscaped portion of interior parkways may be included in the required landscape area percentage. The interior parkway is defined as that area on private property between the street right-of-way line and the curb of the parking area or building area.

(3)　　　Landscape areas within parking lots should generally be at least one parking space in size, with no landscape area less than 50 square feet in area. Landscape areas shall be no less than five feet wide and shall equal a total of at least 25 square feet per parking space. There shall be a landscaped area with at least one small tree within 60 feet of every parking space located in an island parallel to the parking spaces (See Figure #9). There shall be a minimum of one small tree planted in the parking area for every ten parking spaces. Within parking lots, landscape areas should be located to define parking areas and assist in clarifying appropriate circulation patterns. A landscape island shall be located at the terminus of all parking rows, and should contain at least one small tree. All landscape areas shall be protected by a monolithic curb or wheel stops and remain free of trash, litter, and car bumper overhangs. Large trees may be planted in parking lot areas as long as sufficient permeable surface is provided for the ultimate drip line of the mature tree. (See Figures #3 and #5).

(4)　　　All existing trees which are to be preserved, whether in the parking lot or in the street yard, shall be provided with a permeable surface in the critical root zone of the tree. All new trees as defined in section 6(3) of this article shall be provided with a permeable surface under the ultimate drip line of the mature tree.

(5)　　　At least 75 percent of the frontage of parking lots, adjacent to a public right-of-way and within the street yard, shall be screened from public streets with evergreen shrubs attaining a minimum height of three feet, earthen berm, or a low masonry wall of equal height. Use of a wall for parking lot screening should be accompanied with landscape planting in the form of low shrubs and ground cover to soften the appearance of the wall. (See Figure #7) In cases of extreme grade differential between the street grade and private property, the building official has the authority to modify and/or eliminate the berm requirement, or accept an alternative screening arrangement that would accomplish the same goal.

(6)　　　Necessary driveways, sidewalks, lead walks, and accessibility ways/ramps from the public right-of-way shall be permitted through all required landscaping in accordance with city regulations.

(7)　　　Whenever an off-street parking area or vehicular use area abuts an adjacent property line, a perimeter landscape area of at least five feet shall be maintained between the edge of the parking area and the adjacent property line. See Figure #4 for perimeter landscape area example.

(8)　　　Whenever the adjacent property is used or zoned for residential use, a landscaped area of at least ten feet shall be provided, planted with one large tree for each 30 linear feet or portion thereof of adjacent exposure. See Figure #4 for perimeter landscape area example.

(Ord. No. 1865, § 2, 11-18-03; Ord. No. 1882, § 1, 3-2-04)

Protected trees, which are not required to be removed and/or have been identified on the tree preservation plan to be preserved, must be clearly marked and protected under the following conditions:

(1)　　　No materials intended for use in construction and no waste materials accumulated due to excavations or demolition shall be placed within the limits of the critical root zone.

(2)　　　No equipment shall be cleaned or other foreign materials deposited or allowed to flow overland within the critical root zone of a protected tree. This includes without limitation, paint, oil, solvents, asphalt, concrete, mortar or similar materials.

(3)　　　No signs, wires or other objects, other than those of a protective nature shall be attached to any protected tree. However, lighting of a decorative nature may be attached to a protected tree. The lighting shall be attached in a manner as not to damage the protected tree.

(4)　　　No vehicular and or construction traffic or parking shall take place within the limits of the critical root zone of any protected tree other than on an existing paved surface. This restriction does not apply to access within the critical root zone for purposes of clearing underbrush, establishing the building pad and associated lot grading, vehicular traffic necessary for routine utility maintenance or emergency restoration of utility service or routine mowing operations.

(5)　　　Grade changes shall be allowed within the limits of the critical root zone of any protected tree only upon approval by the city.

(6)　　　No paving with concrete or other approved impervious materials shall be placed within the critical root zone of a protected tree. However, paving may encroach up to five feet from the trunk upon approval by the city.

(7)　　　In those situations where a protected tree is within 50 feet of a construction area, a protective fence, minimum of four feet in height, shall be erected and maintained outside of the critical root zone of each protected tree or tree group. The protective fencing shall only be required on the subject site if the critical root zone extends onto adjacent property. It is not the intent of this provision to prohibit the development of a site in accordance with paragraph (6) of this section.

(8)　　　No person, directly or indirectly, shall prune, cut down, destroy, remove or move, or effectively destroy through damaging, any protected tree on city-owned property unless otherwise permitted.

(Ord. No. 1882, § 1, 3-2-04)

Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an intersection of two or more public rights-of-way occurs, a triangular visibility area, as described below, shall be created. Landscaping within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level no higher than two and one-half feet. The triangular areas are:

(1)　　　The areas of property on both sides of the intersection of an alley access way and public right-of-way shall have a triangular visibility area with two sides of each triangle being a minimum of ten feet in length from the point of intersection and the third side being a line connecting the ends of the other two sides.

(2)　　　The areas of property located at a corner formed by the intersection of two or more public rights-of-way shall have a triangular visibility area with two sides of each triangle being a minimum of 35 feet in length from the point of the intersection and the third side being a line connecting the ends of the other two sides. (See Figure #6).

Landscaping, except required grass and low ground cover, shall not be located or planted within the public right-of-way.

In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the building official or city horticulturist, the landscape plan shall be resubmitted with the visibility obstructions removed, and plantings depicted elsewhere on the plan.

(Ord. No. 1882, § 1, 3-2-04)

The owner, tenant and/or their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping and irrigation system components. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include, but not be limited to, mowing, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping.

Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials which die within one year of being planted shall be replaced with plant material of similar variety and size, within 30 days of notification of the city. Time extensions may be granted by the building official if substantial evidence is presented to indicate abnormal circumstances beyond the control of the owner or his agent.

(Ord. No. 1882, § 1, 3-2-04)

Upon denial of a building permit based on landscaping requirements by the building official, an applicant may appeal in writing to the zoning board of adjustment for consideration of a variance to the provisions of this article. The zoning board of adjustment shall have no jurisdiction to grant a variance to section 9 or any other section dealing with sight distance and visibility. Whenever the applicant can show that a strict application of the terms of this article will impose upon him unusual or practical difficulties, or affect the architectural design of the property, and the zoning board of adjustment is satisfied that granting such variation or variance will not merely serve as a convenience but will alleviate some demonstrable and unusual hardship or difficulty to warrant a variance, and that the surrounding property will be properly protected and not damaged by the granting of such variance, the zoning board of adjustment may grant such variance upon such conditions as it may require.

(Ord. No. 1882, § 1, 3-2-04)

(1)　　　After denial of a building permit for failure to meet the requirements of this article, an applicant may within 15 days from the date of such denial appeal to the zoning board of adjustment for a variance from the strict compliance with the requirements of this article.

(2)　　　An appeal fee as provided for in the fee schedule established by the city council shall accompany such application.

(3)　　　Site plan drawings and elevations of the property shall accompany the application for a variance.

(4)　　　All property owners within 200 feet of the subject property shall be notified of the time and place of the hearing and the subject matter of the hearing. Notice must be given to such property owners by mail at least ten days prior to the hearing by depositing such notice in the United States mail, postage paid.

(5)　　　The zoning board of adjustment shall hear the appeal from the applicant, and may either deny the request or may grant such variance or variances from the provisions of this section as it deems appropriate under the circumstances presented to the zoning board of adjustment at such hearing.

(6)　　　The decision of the zoning board of adjustment shall be final. After a decision has been made on an application for a variance by the zoning board of adjustment, an aggrieved person or the city may within ten days after such denial, appeal to a state court of proper jurisdiction in accordance with the requirements and procedures set forth in Section 211.010 of the Texas Local Government Code, as amended.

(Ord. No. 1705, § 1, 2-20-01; Ord. No. 1882, § 1, 3-2-04)

CITY OF DUNCANVILLE

APPROVED PLANT LIST

TABLE INSET:

TABLE INSET:

TABLE INSET:

TABLE INSET:

Notes:
*Plants preferred due to their lower water demand and high pest resistance.
Additional plant material may be approved as appropriate.

CITY OF DUNCANVILLE

APPROVED REPLACEMENT TREE LIST

TABLE INSET:

Notes:

(1)　　　All landscaping and related items shall conform with sections 3, 4, 5, 6, 8, 9, 10, 11, 12, and including the Approved Plant List and Approved Replacement Tree List, of appendix A, article XIV-E, "Landscape Requirements," of the comprehensive zoning ordinance.

The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new construction, or any building expansion construction occurring within the city. The provisions of this section shall be administered by the building official or his designee.

No permits shall be issued for building, paving, grading or construction until a detailed landscape plan is submitted and approved by the city. Prior to the issuance of a certificate of occupancy for any building or structure, all screening, buffering, and landscaping shall be in place in accordance with the landscape plan.

In any case in which a certificate of occupancy is sought at a season of the year in which the city horticulturist determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, a temporary certificate of occupancy may be issued by the building official provided a letter of agreement from the property owner is submitted stating when the installation shall occur. All landscaping required by the landscaping plan shall be installed within six months of the date of the issuance of thecertificate of occupancy.

If at any time after the issuance of a certificate of occupancy, the approved landscaping is found to be in nonconformance to the standards and criteria of this section, the building official or designee shall issue notice to the owner, citing the violation and describing what action is required to comply with this article. The owner, tenant or agent shall have 30 days from date of said notice to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this ordinance.

(2)　　　Minimum landscaping requirements.

Landscape Edge:　 At least 75 percent of the frontage of parking lots, adjacent to a public right-of-way and within the street yard (on private property), shall be screened from public streets with evergreen shrubs attaining a minimum height of three feet, earthen berm, or a low masonry wall of equal height. The minimum width of the landscape edge shall be five feet. Within this landscaped edge, shrubs (five gallon minimum) shall be planted at a four feet spacing. Use of a wall for parking lot screening should be accompanied with landscape planting in the form of low shrubs and ground cover to soften the appearance of the wall. (See Figures #1 and #2) In cases of extreme grade differential between the street grade and private property, the building official has the authority to modify and/or eliminate the berm requirement, or accept an alternative screening arrangement that would accomplish the same goal.　

Necessary driveways, sidewalks, lead walks, accessibility ways/ramps from the public right-of-way shall be permitted through all required landscaping in accordance with city regulations.

Parking Lot:　 Any parking area which contains more than 20 parking spaces shall provide interior landscaping in addition to the required landscape edge. Landscape areas within parking lots should generally be at least one parking space in size, with no landscape area less than 50 square feet in area. Landscape areas shall be no less than five feet wide. There shall be a landscaped area with at least one small tree within 60 feet of every parking space. There shall be a minimum of one small tree planted in the parking area for every 15 parking spaces. Within parking lots, landscape areas should be located to define parking areas and assist in clarifying appropriate circulation patterns. A landscape island shall be located at the terminus of all parking rows, and should contain at least one small tree. All landscape areas shall be protected by a monolithic curb or wheel stops and remain free of trash, litter, and car bumper overhangs. Large trees may be planted in parking lot areas as long as sufficient permeable surface isprovided for the ultimate drip line of the mature tree. (See Figures #3 and #4).　

Where an existing parking area is altered or expanded to increase the number of parking spaces to more than 20, interior landscaping shall be provided on the new portion of the lot in accordance with the above standards.

Residential Adjacency:　

(A)　　　A landscaped area of at least ten feet shall be provided, planted with one large tree for each 30 linear feet or portion thereof of adjacent exposure. See Figure #5 for perimeter landscape area example.

(B)　　　A solid brick or masonry screening wall (reinforced concrete, concrete block, and concrete panels) of not less than six feet nor more than eight feet in height above finish grade shall be erected on the property line. Masonry walls shall be a minimum of five inches thick, with a foundation, and shall be designed by a licensed professional engineer. In cases of extreme grades, elevations, or drainage ways at the property line, the director shall have the authority to cause the wall to be built at the most advantageous location on the property to provide a visual barrier.

Miscellaneous:　

(A)　　　Any permeable surface not occupied by trees, shrubs, planting beds, signs or other permitted fixtures shall be planted with turf or other living ground cover.

(B)　　　It is encouraged to plant a variety of ornamental trees and flowers in addition to the required plantings.

(C)　　　Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. See section 9, article XIV-E, Landscape Requirements and Figure #6 for additional information."

(Ord. No. 1844, § 1, 8-5-03)

It shall be unlawful for any person to cut, break, deface or in any way injure the trees, shrubs, plants, grass, turf, fountains, seats, fences, structures, improvements, ornaments or monuments or property, within or upon any of the public parks.

(Ord. No. 832, § 1, 6-15-81)

No plant life of any type shall be planted or maintained so as to be detrimental or dangerous to those owners on adjoining premises or in any way obstruct the view of these persons using public streets and alleys. No screens, hedge, tree, bush or shrub shall be planted or maintained in such position or place so as to be dangerous or detrimental to the health or safety of persons living in any house on the adjoining premises or in any way obstruct the view so as to constitute a traffic hazard.

(Ord. No. 1843, § 1, 7-1-03)

Trees shall be trimmed so as to avoid causing a hazard to public places. The minimum overhang shall be seven feet above sidewalks and above top of street curbs, 14 feet above street surfaces, 14 feet above alley paving if the alley right-of-way is improved, and 14 feet above the grade of the entire alley right-of-way if the alley right-of-way is not improved. The minimum overhang of street curbs may be seven feet when the tree is at least 150 feet from an intersection and not obstructing traffic control signs. No planting of trees or shrubs will be permitted within alley rights-of-way. Growth encroachments in an alley shall not exceed one foot. In areas where the dedicated right-of-way is enhanced by alley easements on either or both sides, the one-foot maximum growth encroachment shall also be effective.

It shall be the duty of any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the corporate and territorial limits of the city, to keep the area adjacent to his property line, including the front or side parkway between the property line or sidewalk and the curb and the rear parkway between the property line and the alley pavement or travel way, or if there is no curb, then to the edge of the pavement, free and clear of the matter referred to in this section. Provided, however, that where the alleyway is not open to traffic, that the parkway in such cases shall be deemed to be between the property line and the centerline of the alley.

(Ord. No. 1843, § 1, 7-1-03)

Upon a determination by the city and notice from the building official or his designee, it shall be the duty of any person owning, claiming, occupying or having supervision or control of any real property referred to in section 12-54, to cut, trim and/or remove any tree or parts of a tree determined to be dead, diseased, or damaged beyond the point of recovery, or in danger of falling.

(Ord. No. 1843, § 1, 7-1-03)