City of Cedar Park, TX TREE & LANDSCAPE REQUIREMENTS

Portions of this Article governing required landscape area shall be implemented under the direction of the Director of Development Services, or their designee, who shall enforce and administer the provisions of this Article. No oversight or dereliction on the part of the enforcing personnel shall legalize, authorize and/or excuse the violation of any of the provisions of this Article. See Article 14.11, compliance and enforcement of this Chapter.

The Director of Development Services, or their designee shall require a certificate from an architect, landscape architect, professional engineer, certified landscape professional, licensed surveyor or licensed nurseryman shall be required that verifies the development complies with the requirements of this Article prior to issuance of a certificate of occupancy and provision of permanent utilities. The Director of Development Services, or their designee may inspect each site in conjunction with final inspection to ensure compliance with this Article.

Prior to issuance of a certificate of occupancy and receipt of permanent utilities to the site, any requirements must have been satisfied, or fiscal security for the performance of requirements shall be provided.

(e)

A separate tree program, referred to as the City tree program, shall be held by the City for cash in lieu of amounts required when the number of replacement trees or required trees cannot practically be placed on the site.

(f)

Written guidelines for the interpretation of the provisions of this Article, including proper plantings, planting techniques, planting areas, irrigation information, as examples, as well as prescribing the measures required to protect trees against damage in connection with construction and property development, identifying actions that will be interpreted as “removal,” and identifying the root areas requiring protection against soil compaction or against the effects of impervious paving shall be in accordance with the procedures defined in this Article.

(Ordinance CO12-19-03-14-E1 adopted 3/14/19)

§ 14.07.004 Land disturbance/site clearing.

Development for purposes of this Article shall include the performance of any building activity or the making of any material change in the use or appearance of any structure or land, including the subdivision of land, and the creation or termination of rights of access or riparian rights, including activities that change or disturb the natural surface of the land such as clearing, grading, excavating, and filling.

An approved site development permit and/or building permit shall be required prior to development on any site.

Development not requiring a building permit shall obtain an approved site development permit from the Development Services Department that demonstrates compliance with the requirements of this Article.

Clearing of only brush and scrub cedars is not considered development as defined in this Article, as long as only rubber-tired equipment is introduced to the site (no equipment with tracks).

(Ordinance CO36-18-08-09-E2 adopted 8/9/18)

§ 14.07.005 Residential landscape requirements.

Single-family detached including patio homes (new construction/installation only).

Front yard (between the fence line and the front property line).

All lawn areas shall be fully sodded or fully established.

Areas reserved for bedding shall be covered with three (3) inches of shredded mulch.

A minimum of two (2) shade/canopy trees per lot shall be retained or planted from the preferred plant list. Shade/canopy trees shall be a minimum of 3" (three-inch) caliper.

A minimum of three (3) five-gallon shrubs per lot and five (5) one-gallon shrubs shall be planted from the preferred plant list along the front of the house, a minimum of eighteen (18) inches from the foundation.

Any ornamental trees planted shall be a minimum of fifteen (15) gallon/container grown.

All required plant materials shall be installed according to sound planting guidelines adequate to sustain vigorous and healthy growth. These may include, but not be limited to, methods used to:

Protect and support tree trunks (guying, staking);

Provide adequate conditions for root growth (type of soil mix, planting hole depth and diameter, pruning for proper root/crown balance, etc.);

Provide for retention of moisture (mulching, berming, watering schedule, etc.); and

Protect plants from equipment damage (mulching and edging for shrub beds, sleeves for tree trunks, etc.).

All landscaping shall be in place or fiscal surety posted prior to issuance of certificate of occupancy.

Rear yard.

A privacy fence shall be required to enclose the rear yard of all single-family detached residences including patio homes and shall comply with section 14.07.007(b), herein, as amended.

This section 14.07.005 residential landscape requirements, does not apply to the following:

Permits for remodeling or expansion of a single-family detached residence.

Substantial restoration, which occurs within a period of twelve (12) months of an incident, that causes a building to be damaged by fire, explosion, flood, tornado, riot, act of the public enemy or accident of any kind.

Interior or facade maintenance or remodeling as long as the front and side exterior walls of the building remain in the same location.

Carports, canopies, and freestanding covers supported by columns.

(Ordinance CO12-19-03-14-E1 adopted 3/14/19)

§ 14.07.006 Nonresidential, town home, and multifamily landscape requirements.

Site development review.

For all developments for which a landscape plan is required separately or as part of the site development permit application, a grading and tree protection plan shall be submitted with the site development plans. The plan shall be prepared so as to maximize, as much as is practicable, the number of existing trees eight (8) caliper inches and larger on the site that will be retained with the development.

The landscape plan shall include the following information:

The date, scale, north point, title and name of owner;

The location of existing boundary lines and dimensions of the tract;

The approximate centerline of existing watercourses; the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys, existing and proposed easements on or adjacent to the lot, existing and proposed parking spaces, or other vehicular areas, access aisles, drives, and existing and proposed sidewalks adjacent to the street;

The location and species of each existing tree having a trunk six-inches caliper or larger and the approximate size of their crowns; reference section 12.12.022 for tree preservation and mitigation requirements;

The location and names of existing vegetation to be preserved;

An indication of how the applicant plans to protect the existing trees and vegetation, which are proposed to be retained, from damage during construction;

The location, size, and type (tree or shrub, ground cover, or grass) of proposed landscaping, together with a plant listing that includes the common and botanical name, quantity, size and spacing of all proposed landscaping material at time of planting;

(H)

Planting and installation details in accordance with sound horticultural practices;

(I)

The proposed irrigation system as required by this Article;

(J)

The proposed lighting plan for the entire area of the site plan;

(K)

A tabulation clearly displaying the relevant statistical information necessary for the Director of Development Services, or their designee to evaluate compliance with the provisions of this Chapter. This includes gross acreage, square foot area of preservation areas, number of trees to be planted or preserved, square footage of paved areas, and similar other information to ensure conformance with all required standards;

(L)

Existing and proposed grades;

(M)

Plan view of existing and proposed water quality of detention controls;

(N)

Limit of construction line encompassing all areas of natural vegetation of the site which are to be left undisturbed;

(O)

A survey of all trees six (6) caliper inches and larger (measured four-and-one-half (4-1/2) feet above ground level). Trees are to be represented by circles using the formula of one foot of radius for every one (1) inch of trunk diameter. (This also defines the critical root zone - CRZ.) Unbroken circles indicate trees which are to remain. Dashed circles indicate trees proposed for removal. Include type and general condition of all protected trees within the subdivision (or off site in the area of proposed off-site improvements, if any);

(P)

Identification of temporary measures to protect existing trees that are to remain, including any protected trees, during construction;

(Q)

Identification of permanent controls, practices or design features to assure long term maintenance of the existing trees and landscape;

(R)

The location, quantity, size, common name, and scientific name of proposed landscaping in proposed landscaped areas;

(S)

The location, quantity, size, common name, and scientific name of existing trees;

(T)

The location of the proposed irrigation system or hose connections; and

(U)

Information necessary for verifying whether the minimum required landscaping requirements have been met.

An architect, landscape architect, engineer, certified landscape professional, licensed surveyor, or licensed nurseryman shall certify that the plans satisfy the requirements of this Article, provided, however, that for a common development or project greater than two (2) acres in size, such plans and certification shall be made by an landscape architect.

The Director of Development Services, or their designee shall require a certificate of compliance from an architect, landscape architect, or certified nurseryman that the site complies in full with the landscape requirements set forth on the approved site plan, before issuance of a certificate of occupancy and permanent utility service. The Director of Development Services, or their designee may inspect each site in conjunction with final inspection to ensure compliance with this Article.

Landscape requirements.

For all nonresidential applications and all applications for town homes, amenity centers and multifamily residential projects in any district, the following minimum landscape requirements shall be provided:

Fifty percent (50%) of the existing trees on site that are six-inch caliper or greater and are from species included in the preferred plant list or of equivalent value shall be retained and protected during development of the site.

Based on special circumstances of the site such as physical characteristics or traffic issues, any request to retain less than fifty percent (50%) requires the approval of the Director of Development Services, or their designee. If the applicant is dissatisfied with the determination made by the Director of Development Services, then the applicant may appeal to the Planning and Zoning Commission. If the applicant is dissatisfied with the determination made by the Planning and Zoning Commission, the applicant may appeal to the City Council.

Street yard requirements.

On all lots, at least twenty percent (20%) of the area of the street yard shall be landscaped area.

Major corridor.

The street yard requirements for properties within the major corridor shall apply to the area located behind the required twenty-five-foot building setback line. The landscaped twenty-five-foot building setback area is included in the street yard calculations. Existing trees preserved within the twenty-five-foot landscaped area may count toward existing tree credits for any remaining street yard requirements outside the major corridor setback area.

Self-storage facilities.

Street yard requirements shall apply to the area between the required twenty-five-foot buffer area and the front building walls.

For development without a building, (parking lots, etc.) the entire lot shall be considered the street yard.

The required twenty percent (20%) of landscaped area in the street yard shall include buffer yards. Such area shall not include detention/retention facilities, except when the facilities are designed in a manner to qualify for one-half (1/2) credit toward the square footage requirement.

To secure one-half (1/2) credit of square footage involved in any detention/retention facilities, such facilities shall be designed as an integral part of the landscape, including a slope no greater than 3:1, no concrete except at the outlet, and no requirement for or installation of barrier fencing.

Detention/retention ponds shall be constructed so that, whenever possible, they do not require a fence. Whenever such a situation does require fencing, such fencing shall be black or green coated chainlink and shall be buffered from the street view by planting shrubs and vines that will, at maturity, screen at least sixty percent (60%) of the view of the fence.

(H)

In required landscaped street yard areas less than 10,000 square feet, at least one (1) shade/canopy tree and three (3) shrubs shall be retained or planted within the street yard for every one thousand (1,000) square feet of required street yard. In required landscaped street yard areas containing between 10,000 and 110,000 square feet, (1) one shade/canopy tree for every required 2,500 square feet of landscaped area is required over the requirement of 10 trees and thirty (30) shrubs. In required landscaped street yard areas containing over 110,000 square feet, (1) one shade/canopy tree for every required five thousand (5,000) square feet of landscaped area is required over the requirement of fifty (50) trees and thirty (30) shrubs.

Existing tree credits in the street yard.

As credit toward the preservation of native hardwood trees, each square foot of landscaped area which is pervious and within the area encompassed by the dripline of an existing hardwood tree of at least two (2) caliper inches, measured four-and-one-half (4-1/2) feet from the ground, shall count as one-and-one-fourth (1-1/4) square feet of landscaped area for the purposes of satisfying the minimum requirements of this Chapter.

Overlapping dripline area cannot be counted twice.

No credit will be given if more than one-half (1/2) of the dripline area is impervious.

No credit will be given where damaging grade changes within the dripline (of a tree) has occurred.

All existing surveyed trees over two (2) caliper inches or tree cluster of at least four (4) one-inch caliper trees preserved within the street yard may satisfy tree requirements one for one (tree). All existing trees six (6) caliper inches or more measured four-and-one-half (4-1/2) feet from the ground shall count twice (double) toward satisfying these requirements. Credit shall not be given if more than 1/2 of the dripline area is impervious, where damaging grade changes within the dripline (of a tree) has occurred, or where damage to the tree before or during construction occurs that threatens the vitality of the tree.

Parking areas.

Parking lots and all vehicular parking and maneuvering areas, including loading zones, unless specifically exempt below, shall be buffered from street view and adjacent properties and shall contain areas constructed, planted and maintained as landscaped islands, peninsulas, or medians.

The minimum total area in landscaped islands, peninsulas and medians in the street yard shall be ninety (90) square feet for each twelve (12) parking spaces; in the area outside the street yard, the area shall be sixty (60) square feet.

The area within landscaped islands, peninsulas and medians that are located in the street yard counts toward the twenty percent (20%) landscape requirement.

No parking space shall be located further than fifty (50) feet from a permeable landscaped island, peninsula or median and a tree, except for parking lots that contain more than three (3) parking modules. They shall be located evenly through the parking areas, however the location of landscaped islands, peninsulas, and medians may be adjusted to accommodate existing trees or other natural features.

A planting median shall be placed between every third parking bay of adjacent parking bays, at a minimum, to prevent traffic movement across parking isles.

The planting median shall be a minimum of 15 feet wide and may include a sidewalk, where necessary for pedestrian circulation.

The planting median shall contain the following vegetation, at a minimum:

One tree, planted 35 feet on center, in a continuous or staggered row.

Ten shrubs for every tree required, planted in rows or clustered groups.

The planting median shall contain defined breaks, as necessary, to provide pedestrian circulation between bays of parking. The breaks shall allow for ADA accessibility from one side of the planting median to the other and onto the sidewalk within the planting median if a sidewalk is located within the median.

Landscaped terminal islands (raised end islands) shall be located at the end of all parking modules in a configuration to allow for turning radii of intersecting aisles shown in the Transportation Criteria Manual to protect parked vehicles, provide for visibility, confine moving traffic to aisles and driveways and provide space for landscaping.

For each tree planted, the landscape island shall contain a minimum square footage of one (1) parking space (166.5 sq. ft.) of pervious area, be at least ten (10) feet wide and allow four (4) feet between the tree and parking space to allow for clearance of the vehicle or its door.

(H)

Parking spaces shall be buffered from the street view.

Parking spaces shall also be buffered from adjacent properties by a minimum 5' wide planting area except where there is shared access and/or shared parking between such uses.

Buffering consists of screening at least sixty percent (60%) of the view of parking areas by using plantings, berms and decorative walls.

Shrubs must be evergreen and a minimum of two (2) feet tall at time of planting, with predominately a mature height of three to four (3-4) feet.

Decorative walls shall not exceed three (3) feet in height. Walls and berms shall not predominate over the use of vegetative materials.

Plantings, fences, or walls shall be set back a minimum of three (3) feet from the curb or wheel stop to allow for the overhang of the vehicle; plantings shall have a minimum of three (3) feet for planting area.

(v)

If a change in grade or elevation provides an equivalent level of screening for the parking lot as the vegetative screen, the buffering requirements shall be considered to be met.

(I)

Loading zones shall be buffered from view and shall consist of hedge-like screening using plantings, berms and/or decorative walls. A vegetative screen planting area shall be at least five (5) feet wide. At least two different types of plant materials shall be used, shrubs must be evergreen with predominately a mature height of six (6) feet.

Loading and service zones located within the major corridor district shall be buffered from view by walls that match the building materials and colors. Screen walls shall be a minimum of eight (8) feet high. Berming used in conjunction with intensive landscaping may be considered to reduce the height of the screen wall.

(J)

As an alternative to the credits provided in subsection (b)(4), the applicant may request a reduction in the number of parking spaces required by the City’s parking regulations, in exchange for retaining and protecting existing trees on site. For every existing tree measuring eight caliper inches or greater, measured four-and-one-half (4-1/2) feet above the ground, that is retained and protected during development, the applicant shall be entitled to a five percent (5%) reduction in the number of parking spaces required.

Landscape requirements for projects located within the major corridor district.

(See section 11.03.151 for a list of roadways.)

A twenty-five-foot landscaped area is required from the right-of-way of the designated roadway along the entire frontage of the tract. Driveways, primary side walks, and bicycle paths are permitted within the landscaped area and are excluded from the area calculations of subsection (i) below. The following elements shall be incorporated into the landscaped area.

Landscape plants shall be chosen from the preferred plant list, with at least ninety (90) percent live vegetative coverage. The remainder of the area may be impervious landscape.

All vigorous, existing 4-inch caliper or larger hardwood trees that stand within the 25' front setback area described above shall be retained and protected as a landscape buffer, save and except trees that lie within the area of the driveway. Preservation of significant understory vegetation (such as clusters of Possumhaw, Yaupon Holly and Texas Wild Plum) is encouraged and credited. All trees existing 4-inch caliper or larger hardwood trees that have to be removed for utility purposes shall be replaced by the utility removing the trees at a one-to-one ratio with minimum 3-inch caliper trees from the preferred plant list.

Existing hardwood trees that are preserved may count toward this requirement if they are two (2) caliper inches or greater.

Trees and shrubbery are required within landscaped area at a ratio of at least (1) one four-inch caliper shade/canopy tree and (3) three five-gallon shrubs for every 1,000 square feet of land within the front building setback. Ornamental trees (15-gallon size or larger) are allowed to be substituted for every two 5-gallon shrubs. Ornamental trees may be substituted for up to fifty percent (50%) of the required canopy trees when there are issues of visibility. Five (5) shrubs may be substituted for one (1) ornamental tree.

(v)

At least thirty percent (30%) of the required trees within the twenty-five-foot front building setback and landscape buffer shall be between the sidewalk and the designated street right-of-way. Flexibility to this requirement may be considered for the purpose of saving existing trees.

(vi)

There shall be no gaps of greater than forty (40) feet between plantings.

Drainage facilities may not exceed twenty-five percent (25%) of the twenty-five-foot landscaped area. Drainage facilities include all detention ponds, water quality ponds, outlet structures, berms, improved channels or other improvements associated with the drainage improvements. All detention ponds and water quality ponds within the twenty-five-foot landscaped area shall be designed as curvilinear, contoured shapes. Detention ponds and water quality ponds within the twenty-five-foot landscaped area shall be designed so as to not require fencing or concrete walls.

(7)

Transitional buffering (buffer yards).

Buffer yards are required along common property lines, which are not adjacent to a public street right-of-way and thus are not governed by the landscape street yard requirements. Certain types of land uses require more parking, storage of raw materials, and traffic than others, or are visually incompatible with land uses. Therefore, different levels of transitional buffers have been developed. Any given parcel may require different levels of transitional buffering depending on the Future Land Use Plan designation of the adjacent properties.

Where buffer or compatibility requirements are already required by nature of the use in the zoning ordinance, such as self-storage and industrial uses, the most restrictive standards shall apply.

Only those properties, which are adjacent to properties with less intense Future Land Use Plan designations, are required to have transitional buffers as established in the table entitled “buffer yard requirement.”

The trail buffer yard is considered a less restrictive use that triggers a buffer yard and is applicable to uses abutting the active railroad right-of-way and designated hike/bike trails.

Common developments do not require transitional buffers internal to the site.

(8)

Additional requirements for projects with three (3) or more dwelling units in one (1)

building:

A minimum landscaping area of twenty percent (20%) of the internal area of the site (site area excluding the buffers and street yard) is required. Plantings shall consist of a minimum of one (1) tree and three (3) five-gallon shrubs for every one thousand (1,000) square feet of the required minimum landscaping area to be planted or retained internal to the project, ninety percent (90%) to be chosen from the preferred plant list.

Shade/canopy trees shall be a minimum of 3-inch caliper. Any ornamental trees planted shall be a minimum size of fifteen-gallon/container grown. Areas reserved for bedding shall be covered with a minimum of three (3) inches of shredded mulch, and all turf areas shall be fully sodded or established.

(9)

Buffer yard requirements.

Adjacent Future Land Use Plan Designation	Developing Project’s Future Land Use Plan Designation
Adjacent Future Land Use Plan Designation	Recreation open space (REC) and low density residential (LDR)	Medium or high density residential (MDR or HDR), planning area (PA) and public/semi-public (PUB)	Local or regional office/retail/commercial (LOC or REG)	Heavy commercial (HC)
Recreation open space (REC) and low density residential (LDR)	buffer yard* none	buffer yard* 20'/fence	buffer yard* 20'/fence	buffer yard* 30'/fence
Medium or high density residential (MDR or HDR), planning area (PA) and public/semi-public (PUB)	buffer yard* none	buffer yard* none	buffer yard* 20'/fence	buffer yard* 30'/fence
Local or regional office/retail/commercial (LOC or REG)	buffer yard* none	buffer yard* none	buffer yard* none	buffer yard* 20'/fence
Heavy commercial (HC)	buffer yard* none	buffer yard* none	buffer yard* none	buffer yard* none

* Refer to buffer yard descriptions below for full listing of requirements that apply.

The buffer yard requirements shall be the responsibility of the more intensive use. The first three levels of buffer yards shall consist of strips of landscaped open space according to the following standards:

In level one, the minimum width requirement of the buffer yard shall be a minimum of thirty (30) feet.

This buffer yard is intended to be used for landscaping only. A semiopaque screen shall be installed with in the buffer yard which consists of a vegetation screen or a combination of vegetation screen and berms. If fencing is required pursuant to this Code, it shall be eight (8) feet in height and shall be placed on the common property line.

No light fixtures, parking, dumpsters, storage, recreation facilities, accessory buildings, or alleyways shall be permitted within this buffer yard.

The following plantings are required in this buffer yard. Where similar vegetation already exists, such vegetation shall be credited toward this requirement, not to exceed a reduction in excess of one-half the requirements for new plantings:

One (1) 4-inch caliper canopy tree, three (3) 15-gallon evergreen ornamental trees, and four (4) 5-gallon shrubs with a mature height of six (6) feet for every thirty (30) linear feet of buffer yard. lf the grade between the common property line and edge of the buffer yard exceeds three (3) feet, the planted canopy height shall be a minimum of eight (8) feet tall.

When a fence is required per the table of buffer yard requirements, the shrub planting requirement may be waived.

In level two, the minimum width requirement of a buffer yard shall be a minimum of twenty (20) feet.

This buffer yard is intended to be used for landscaping only. A semiopaque screen shall be installed within the buffer yard which consists of a vegetation screen or a combination of vegetation screen and berms. A security or optional privacy fence may be located on the exterior edge of the buffer yard only if the adjacent property triggering the buffer yard is also bounded by a privacy fence. Fencing is not encouraged unless noted in the table of buffer yard requirements. If fencing is required pursuant to this Code, it shall be eight (8) feet in height and placed on the common property line.

No light fixtures, parking, dumpsters, storage, recreation facilities, accessory buildings, or alleyways shall be permitted within this buffer yard.

One (1) 4"-caliper canopy tree, three (3) 15-gallon evergreen ornamental trees, and four (4) 5-gallon shrubs with a mature height of six (6) feet for every thirty (30) linear feet of buffer yard. If the grade between the common property line and edge of the buffer yard exceeds two (2) feet, the planted canopy height shall be a minimum of eight (8) feet tall.

When a fence is required per the table of buffer yard requirements, the shrub planting requirement may be waived.

Subsection (b) landscape requirements, does not apply to the following:

Interior or facade maintenance or remodeling as long as the front and side exterior walls of the building remain in the same location.

Carports, canopies, and freestanding covers supported by columns.

(Ordinance CO11-20-01-09-H1 adopted 1/9/20)

§ 14.07.007 Fencing regulations.

General regulations.

Fences shall not impede drainage.

No fence or other structure more than thirty (30) percent solid or more than three (3) feet height shall be located so that it impairs the sight distance triangle at the intersection of any rights-of-way.

Fences and walls must be maintained in a safe manner, plumb (vertical) to the ground. Fences or walls no longer maintained in a safe manner through neglect, lack of repair, manner of construction, method of placement, or otherwise must be repaired, replaced, or demolished. Failure to maintain a fence or wall in accordance with this section constitutes a violation of this section, punishable pursuant to section 1.01.009.

Prohibited fence types:

Fences or walls constructed primarily of barbed or razor wire, except for the purpose of enclosing livestock for agricultural purposes in RA districts or properties that have an agriculture exemption;

Fences or walls carrying electrical current, except for the purpose of enclosing livestock for agricultural purposes in RA districts or properties that have an agriculture exemption;

Fences or walls constructed of paper, cloth, canvas, or similar highly flammable material; and

Fences or walls topped with barbed wire or razor wire, except as used by developments within industrial zoning districts, public institutions, or utilities for public safety or security purposes.

Fence height is measured from the natural grade where the fence post is set to the highest edge of the post.

All residential fences perpendicular to an existing subdivision wall shall meet the subdivision wall at the same height as the existing wall and may transition to a maximum of eight (8) feet in height.

Residential fences.

Fences located in the rear and side setback shall not exceed eight (8) feet in height and shall be constructed of wood, wrought iron, masonry or similar material, permanently affixed to the ground.

Only fences less than or equal to three (3) feet in height shall be allowed in the front setback, except a fence may be allowed in the front setback that is less than or equal to six (6) feet in height if the residential lot is greater than 20,000 square feet. All fences in the front setback taller than three (3) feet shall be constructed of wrought iron or similar material.

For residential subdivisions located on or adjacent to a corridor overlay roadway, see also section 12.12.017 subdivision walls for additional fencing requirements.

Fences required to enclose rear yards of two-family/duplexes residences shall be a minimum of four (4) feet and a maximum eight (8) feet in height and shall provide separate enclosures with gates for each unit.

Fences to be located along a public right-of-way shall face the finished edge toward the public right-of-way.

To create one consistent, horizontal and even plane, all fences shall be installed at the same height as fencing along adjacent common property lines, unless, to do so would require the installed fencing not to comply with the height restrictions set forth in this section 14.07.007(b).

Nonresidential fences.

Unless otherwise required by this Article, fences shall be a minimum of six (6) feet and a maximum of eight (8) feet in height and shall be constructed of masonry materials such as brick, stone, or decorative reinforced concrete or similar two-sided masonry or other equivalent material approved by the director of planning. Fence posts shall be constructed of rust-resistant metal parts, concrete-based masonry or concrete pillars of sound structural integrity.

Both sides of all fences shall be finished.

Fencing requirements for projects located within the corridor overlay district:

No fencing is allowed within the 25-foot front setback area from a designated roadway. For a list of designated roadways see section 11.02.278 [sic].

Any fencing behind the 25-foot front setback shall be wrought iron or tubular steel, or alternative similar products may be approved by the director of planning with appeal to the Planning and Zoning Commission.

Chainlink fences shall only be used around detention ponds and/or water quality ponds. Chainlink fencing shall be black or green vinyl-coated, including posts, and must be buffered by planting five-gallon evergreen shrubs and vines that will, at maturity, screen at least thirty percent (30%) of the view of the fence.

(Ordinance CO03-17-11-16-E1 adopted 11/16/17)

§ 14.07.008 (Reserved)

Editor’s note–Former section 14.07.008 pertaining to nonresidential fence requirements and deriving from Ordinance CO41-07-07-12-3H adopted 7/12/07, was deleted in its entirety by Ordinance CO48-12-04-12-C2 adopted 4/12/12.

§ 14.07.009 Screening requirements–nonresidential only.

Screening requirements for outdoor storage.

dumpsters and equipment.

For areas containing outdoor storage, one (1) of the following shall be provided:

A privacy fence that is in conformance with the provisions specified in this Article; or

A hedge-like screen of evergreen plant material capable of attaining a minimum height of six (6) feet at maturity, planted at equal intervals of four (4) feet on center and a minimum of two-and one-half (2-1/2) feet in height at time of planting. A vegetative screen planting area shall be at least ten (10) feet wide. Existing vegetation may be used as screening, however, the area must contain the equivalent of one (1) canopy tree, two (2) ornamental trees and six (6) shrubs.

For outdoor condensers, utility huts, and other building service equipment, such equipment shall be completely screened from view on all sides using a vegetative screen with at least two (2) varieties of plant material from the preferred plant list that, at maturity, is at least the height of the equipment to be screened.

All refuse and/or recycling containers, shall be completely screened from public view and the view of adjoining properties.

All containers shall be screened on three sides by walls other than wood, with the resilience of metal or concrete, not less than the height of the bin or container.

An opening shall be situated so the container is not visible from adjacent properties, public streets, or visible to the public maneuvering on site, unless the opening is equipped with an opaque gate. Gates must have tiebacks to secure in open position and fasteners to keep them closed.

Dumpster pads shall be placed on concrete six (6) inches in thickness, twelve (12) feet in width and ten (10) feet in depth. The dumpster pad for a metal side loaded container shall be nine (9) feet in width and six (6) feet in depth. A 300/90-gallon pad site shall be three (3) feet in width and three (3) feet in depth.

Dumpsters must be located a minimum of fifty (50) feet from any single-family residential property line.

Dumpsters located within the major corridor shall be located no closer to the designated roadway than the front wall of the principal structure.

Dumpsters must be located a minimum of fifteen (15) feet from existing or proposed trees.

(Ordinance CO11-20-01-09-H1 adopted 1/9/20)

§ 14.07.010 Planted street medians (traffic islands) residential and nonresidential.

When necessary and appropriate, planted street medians should be used to define vehicular and pedestrian circulation.

Whenever possible, the existing trees in the areas of the proposed island should be preserved and a grading plan for the roadway should consider the existing driplines and maintain at least sixty percent (60%) of the dripline of existing trees to be preserved from the area beginning two (2) feet from the curb. Measures shall to be taken to ensure that adequate protection of the trees during construction shall be provided as part of subdivision review and approved by the Development Services Department. All branches shall be pruned to a height of seven (7) feet from the ground and all vegetation between thirty (30) inches and seven (7) feet shall be cleared to provide for clear sight distance.

In areas without existing trees, one four-inch caliper, or three two-inch caliper shade/canopy trees for every l,000 square feet of planting area shall be provided with ground cover planted at one-foot centers in a checkerboard pattern.

All plant material must exhibit a mature canopy height under thirty (30) inches or above seven (7) feet with no more than three trunks in order to allow adequate visibility. All plants shall be tolerant of harsh, dry, roadside conditions. All planting must be designed to consider the level of expected maintenance, and provide a neat clean appearance.

All plantings within a sight triangle or distance area must be maintained under twenty-four (24) inches or above seven (7) feet, as measured vertically from top of adjacent raised curb and must be approved by the Director of Development Services, or their designee.

(Ordinance CO12-19-03-14-E1 adopted 3/14/19)

§ 14.07.011 Planting requirements–residential and nonresidential.

All planting shall be designed to consider the level of expected maintenance, and provide a neat and clean appearance.

All required plant materials shall be selected from the preferred plant list, section 14.07.023. Other plant materials may be used if determined by the Director of Development Services, or their designee to be equivalent in quality, adaptability, and low-maintenance as those listed herein. Arizona ash, cottonwood, honeylocust, willows and photinias are among those discouraged and shall not be included as credit toward the landscaping requirements.

Unless otherwise specified in this Article, at time of planting;

All shade/canopy trees planted shall be a minimum of 3" caliper measured one (1) foot above finished grade.

All ornamental trees shall be a minimum of fifteen-gallon container grown nursery stock.

All shrubs shall be a minimum of five-gallon container grown nursery stock.

All vines and ground cover at time of planting shall be one-gallon container grown nursery stock. Ground cover shall be planted at one-foot intervals in a checkerboard pattern to provide for quick coverage, discourage erosion and discourage weed growth.

For berms, the maximum side slope is 3:1 and shall be entirely vegetated with turf grass or ground cover within two (2) years after the date of planting. When using grass, solid sod shall be used at time of planting on areas subject to erosion.

All required landscape areas shall consist of at least fifty percent (50%) live plant material. Hardscape (nonliving landscape features) shall not predominate the use of living plant materials. All required landscape areas adjacent to pavement shall be protected with concrete curbs or equivalent barriers.

Requirements of tree types shall be as follows:

A minimum of seventy-five percent (75%) of all required trees shall be shade/canopy trees for all nonresidential properties.

A maximum of fifty percent (50%) of the required trees may be substituted by shrubs adjacent to retail storefronts where deemed necessary. Five (5) shrubs shall be substituted for each tree that is otherwise required.

All newly planted ornamental trees shall be planted so that they have a minimum pervious area extending a minimum of three (3) feet from the trunk in all directions. All newly planted shade/canopy trees shall have a minimum pervious cover area of four (4) feet in all directions.

When more than ten (10) trees are to be planted to meet the requirements of this Chapter for nonresidential properties, a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be planted. The minimum number of species to be planted are indicated below. Species shall be planted in proportion to the required mix. This species mix shall not apply to areas of vegetation required to be preserved by law.

Required Number of Trees	Required Number of Species
11-20	2
21-30	3
31-40	4
41+	5

(7)

Trees shall not be placed in easements, where they interfere with site drainage or streetlights, or where they will require frequent pruning to avoid interference with overhead power lines.

Trees shall be planted at least four (4) feet from edge of driveways.

Trees shall be planted at least four (4) feet from underground utilities and twenty (20) feet from overhead lines.

Trees shall be planted at least five (5) feet from fire hydrants.

Trees shall be planted a minimum of three (3) feet from the back of the curb.

(8)

Credit for existing trees for nonresidential properties. To encourage the preservation of existing hardwood trees which will impact the site, all existing surveyed trees over two (2) caliper inches or tree cluster of at least four (4) one-inch caliper trees preserved may satisfy tree requirements one for one (tree). All existing trees six (6) caliper inches measured four-and-one-half (4-1/2) feet from the ground shall count twice (double) toward satisfying these requirements. Credit shall not be given where more than one-half (1/2) of the dripline area is impervious, where damaging grade changes within the dripline (of a tree) has occurred, or, where damage to the tree before or during construction occurs that threatens the vitality of the tree.

(9)

When more than ten (10) shrubs are to be planted to meet the requirements of this chapter for nonresidential properties, a mix of species shall be planted The number of species to be planted shall vary according to the overall number of shrubs required to be planted. The minimum number of species to be planted are indicated below. The number of each species planted shall be in proportion to the total required mix. This species mix shall not apply to areas of vegetation required to be preserved by law.

Required Number of Shrubs	Required Number of Species
11-20	2
21-30	3
31-40	4
41+	5

(10)

Turf grass should be planted in drought resistant species normally grown as permanent lawns, such as bermuda, zoysia, or buffalo, unless it receives under six (6) hours of sun, in which case St. Augustine is more appropriate. Grass areas may be sodded, plugged, sprigged or seeded.

(11)

Winter rye shall be considered only as a temporary measure to reduce soil erosion through the winter season. It shall be completely replaced with permanent turf grass during the first planting season following the winter season. (See fiscal requirements.)

(12)

All mulched areas shall have at least three (3) inches of shredded mulch. Gravel shall not be used as a mulch for plantings or in planting beds. Extensive unplanted stone or mulch beds shall be prohibited.

(13)

Synthetic or artificial lawns or plants shall not be used in lieu of plant requirements in this Article.

(14)

Gravel shall not be used as a mulch or landscape feature as part of the landscape area of this Article.

(15)

The use of architectural planters may be permitted toward the fulfillment of landscape requirements.

(16)

Any approved decorative hardscape or pervious brick pavers shall qualify for landscaping credit if contained in planting areas, but not to exceed twenty-five percent (25%) of the area to be landscaped. No credit shall be given for concrete or other impervious surfaces.

(17)

Refer to sight obstruction standards (TCM).

(18)

Landowners are encouraged to landscape and maintain the areas within the nonpaved street rightof-way abutting their land, provided however:

The City or other applicable governmental jurisdiction may at any time require such landscaping to be removed and the City shall not be responsible or liable in the event any landscaping in the right-of-way must be removed or is requested to be removed by the City.

Landscaping in the right-of-way shall observe the provisions pertaining to traffic and pedestrian safety in accordance with the Transportation Criteria Manual.

Any underground sprinkler systems, planters or other permanent structures placed in the right-of-way shall require a license agreement with the City. When any other governmental jurisdiction is trustee of the public right-of-way at the particular location in question, arrangements must be made with that jurisdiction.

No landscaping shall be placed in an area of right-of-way where a capital improvement project has been funded for such location, unless and until such project has been completed.

(19)

All required plant materials shall be installed according to sound planting guidelines adequate to sustain vigorous and healthy growth. These may include, but not be limited to, methods used to:

Protect and support tree trunks (guying, staking, trunk wrapping);

Provide adequate conditions for root growth (type of soil mix, planting hole depth and diameter, pruning for proper root/crown balance, etc.);

Provide for retention of moisture (mulching, berming, watering schedule, etc.); and

Protect plants from equipment damage (mulching and edging for shrub beds, sleeves for tree trunks, etc.).

(20)

All landscaping shall be installed prior to issuance of a certificate of occupancy. In the case of seasonal restrictions because of severe weather or seeding, the owner may post fiscal sureties for the full cost of materials and installation of the landscaping remaining. The owner will then have thirty (30) days from the date of the season to proceed to fully complete installation.

(21)

Where it is not practical for the continued growth or vigor of the trees to plant all of the replacement trees or other required trees on the site, cash in lieu to the City tree program may be used at an amount comparable to the cost of nursery stock required to replace the caliper amounts required and the cost of installation on a per unit basis, subject to the approval of the Director of Parks and Recreation or his designee.

(Ordinance CO11-20-01-09-H1 adopted 1/9/20)

§ 14.07.012 Irrigation requirements–residential and nonresidential.

The owner shall be responsible for the irrigation of all required landscape areas and plant materials, with exception of natural areas and xeriscape plantings after the first two (2) years, utilizing one or a combination of the following methods:

An automatic underground irrigation system (conventional spray, bubbler, etc.), equipped with a rain sensor that automatically turns off the system when it has rained sufficiently.

An automatic water-saving irrigation system (drip, porous pipe, leaky pipes etc.) equipped with a rain sensor that automatically turns off the system when it has rained sufficiently.

A hose attachment within one hundred (100) feet of all required landscape areas and plant materials.

The irrigation method used shall be in place and operational at the time of the landscape inspection for certificate of occupancy and shall be maintained and kept operational at all times to provide for efficient water distribution.

Landscape areas utilizing xeriscape plants and installation techniques, including areas planted with native grasses and wildflowers, may use a temporary and aboveground system and shall be required to provide irrigation for the first two (2) years only.

Landscape plans shall indicate by a detail, a drawing, or by specification in a note on the site plan, the type and location of irrigation which will be used. Plans should be specific enough to show that adequate irrigation will be provided to all required landscape areas and plant materials. All irrigation, trenching in the critical root zone (CRZ) of existing trees to be retained shall be done by hand to avoid damaging the root system.

(e)

No irrigation shall be required for undisturbed natural areas or undisturbed existing trees.

(Ordinance CO41-07-07-12-3H adopted 7/12/07)

§ 14.07.013 Maintenance requirements–nonresidential only.

The owner shall be responsible for:

Regular maintenance of all required landscape areas and plant materials in a vigorous and healthy condition, free from diseases, pests, weeds, and litter. This maintenance shall include weeding, watering, fertilization, pruning, mowing, edging, mulching or other needed maintenance, in accordance with generally accepted horticultural practice.

The repair or replacement of required landscape structures (walls, fences, etc.) to a structurally sound condition.

The regular maintenance, repair, or replacement, where necessary, of any screening or buffering required by this article.

All open space areas that are to be preserved as natural plant communities shall be trimmed, at least once a year, of all exotic vegetation, lawn grasses, trash, or other debris. Natural area should be mulched, pruned and otherwise maintained so that plants are vigorous.

Failure to regularly maintain landscape areas shall constitute a violation of this article.

Required plant materials, if dead, diseased, or severely damaged, shall be removed by the owner as soon as possible, but no later than sixty (60) days after notification. All such plants shall be replaced within six (6) months of notification or by the next planting season, whichever comes first.

Replacement plants must be the same size and species as shown on the approved landscape plan or must be equivalent in terms of quality and size. Such replacement will not be considered an amendment to the approved plan.

(e)

If any of the trees required to be retained or trees planted as part of the landscaping plan should die within a period of two (2) years after issuance of the certificate of occupancy, the owner of the property shall replace the trees within six (6) months at a ratio of one-to-one with an approved tree having a minimum diameter of two (2) inches measured at a point one (1) foot above natural grade.

(Ordinance CO41-07-07-12-3H adopted 7/12/07)

§ 14.07.014 Tree survey/tree preservation plan–residential and nonresidential.

Development shall comply with section 12.12.022 of the Subdivision Chapter, as amended.

(Ordinance CO36-18-08-09-E2 adopted 8/9/18)

§ 14.07.015 Alternative compliance methods–nonresidential only.

If a unique, site-specific problem exists with the site development plans which makes compliance with this Article impractical or unwise, the applicant may request alternative compliance through an alternative landscape plan, which shall:

Identify the provision(s) of this article with which the applicant is unable to comply; and

Provide alternative locations for landscaping that are practical, contain approximately the same area, type, and amount of landscaping materials required by this Article, that are located such that the alternative landscaping will be visible to the public from the street view or other prominent location, and that are within the spirit and intent of this Article.

An application for alternative compliance shall be submitted in writing to the Director of Development Services, or their designee for review in conjunction with a site development plan.

Final approval of the alternative landscape plan or site development plan depicting protected trees or heritage trees shall constitute an approval for removal of the protected trees and heritage trees specifically identified therein for removal, provided that each such removal is specifically reviewed and approved by the Director of Development Services, or their designee.

(Ordinance CO12-19-03-14-E1 adopted 3/14/19)

§ 14.07.016 Hazardous trees and storage of cut oak wood.

The planting, preserving or maintaining of trees which present a danger to the community shall be deemed a public nuisance and are prohibited. Such trees shall include all trees, which are hazardous or may result in injury to person or property because of a defective or diseased condition (including but not limited to oak wilt), trees made hazardous as a result of severe trenching near the trunk, during construction, making them unstable and liable to fall upon any sidewalk, street or building, trees damaged by a tornado, storm, flood, high winds, or other natural act of God, and diseased cut oak wood.

The city shall have the right to examine trees, alive or dead, and logwood piles to determine whether they are contagiously diseased, including the gathering of samples for laboratory testing, as long it does not result in any damage to the tree.

(Ordinance CO13-13-01-10-C3 adopted 1/10/13)

§ 14.07.017 Preservation of protected trees.

Development shall comply with section 12.12.022 of the Subdivision Chapter, as amended.

(Ordinance CO36-18-08-09-E2 adopted 8/9/18)

§ 14.07.018 Preservation of heritage trees.

Development shall comply with section 12.12.022 of the Subdivision Chapter, as amended.

(Ordinance CO36-18-08-09-E2 adopted 8/9/18)

§ 14.07.019 Penalties and enforcement.

Any person otherwise in violation of this article shall be subject to fine or restitution in accordance with the provisions of this article and section 1.01.009 of this code. Notification of violations pertaining to this article shall be consistent with the Texas Government Code. Enforcement of this article shall be consistent with the provisions found in section 1.01.009 of this code as well as other applicable rules, regulations, and standards consistent with the code. Each day of any violation to the requirements of this article shall be considered a separate offense.

(Ordinance CO13-13-01-10-C3 adopted 1/10/13)

§ 14.07.020 Fiscal surety–residential and nonresidential.

Fiscal surety requirements for single-family detached and patio homes.

Prior to issuance of a certificate of occupancy, any fiscal surety in an amount equal to the cost of materials and installation for any landscaping which is incomplete for any reason at the time the applicant requests the certificate of occupancy shall be posted. Such fiscal surety required by this Article shall ensure that if the applicant fails to install the remaining required landscape materials, the same will be installed by the City, and the fiscal surety posted by the applicant shall be applied toward the City’s cost of such installation.