(a) 
The purpose of this article is to encourage the preservation of mature trees that, once removed, can be replaced only after generations, to preserve protected trees during construction and to control the removal of protected trees when necessary. It is the intent of this article to achieve the following:
(1) 
Prohibit the indiscriminate clearing of property.
(2) 
Protect and increase the value of residential and commercial properties within the city.
(3) 
Maintain and enhance a positive image for the attraction of new business enterprises to the city.
(4) 
Protect healthy quality trees and promote the natural ecological environmental and aesthetic qualities of the city.
(5) 
Help provide needed shaded areas in order to provide relief from the heat by reducing the ambient temperature.
(6) 
Help prevent erosion.
(b) 
The city may issue a stop-work order for any development or construction project at any time if the tree preservation requirements within this article are not being met. Efforts will be made to allow a developer or builder to comply before the project is shut down.
(Ordinance 2007-08-00601 adopted 8/2/07)
Critical root zone.
The area of undisturbed natural 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.
DBH.
Diameter at breast height (caliper) is tree trunk diameter measured in inches at a height of 4.5 feet above the ground. If a tree splits into multiple trunks below 4.5 feet, the tree shall be measured in two places, the narrowest point beneath the split and 1/2 the sum of the calipers of the trunks immediately above the split. Whichever is the greater measurement is to be the measurement applied. If there is no single trunk above ground level to measure, the measurement shall be the sum of the main trunk, plus 1/2 of all other branches of the calipers of the various trunks at 4.5 feet.
Drip line.
A vertical line run through the outermost portion of the canopy of a tree and extending to the ground.
Governmental entity.
Any political subdivision or unit of government having regulatory or supervisory authority over construction and development, including the city, independent school districts, the state, the county, and the United States of America and federal agencies.
Multitrunk tree.
A tree with more than one trunk arising at or near the ground.
Protective fencing.
Snow fencing, chainlink fence, barbed-wire fence, orange vinyl construction fencing or other similar fencing with a four-foot approximate height.
Replacement tree.
A self-supporting woody perennial plant listed on the approved replacement trees grouping in section 3.18.019, that is the same size as the tree which is removed, or multiple trees of at least 4.5" DBH for large trees and 2" DBH for small trees, or greater, each when added together equaling the diameter of tree removed, as approved by the planning staff. Replacement trees are designated “R” following the tree name in section 3.18.019.
Tree.
A tree is a self-supporting, woody perennial with usually a solitary truck or main stem. For the purpose of this article, a tree shall include all trees listed as trees in Shummer and Mailer’s “Illustrated Flora of North Central Texas” published by the Botanical Research Institute of Texas and authored by George Diggs, Barney Lipscombe and Robert O’Kennon.
Tree, protected.
A tree, the trunk of which has a DBH of 6" or larger.
(Ordinance 2007-08-00601 adopted 8/2/07)
(a) 
If any tree is removed in violation of these requirements, or if any tree required to be retained or replaced as a condition of these regulations dies or is removed, including any injury to a tree resulting from failure to follow required tree protection measures which causes or may reasonably be expected to cause the tree to die, the city shall have the authority to impose the following administrative and civil penalties on the violator:
(1) 
A civil monetary penalty of at least $100.00 but not more than $500.00 per caliper inch will be assessed by the city.
(2) 
Replacement with new tree(s) having a total tree caliper width equivalent to twice that of the removed tree(s). Such replacement tree(s) shall have a minimum caliper width of three inches DBH and shall be planted in a location(s) either within the development site or on nearby public properties as approved by the planning staff.
(b) 
Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction shall be fined a penalty as provided in section 1.01.009 of this code for each offense, and a separate offense shall be deemed to occur for each tree removed. The unlawful destruction or removal of each protected tree shall be considered a separate offense, and each offense subjects the violator to the maximum penalty per tree as provided in section 1.01.009 of this code for each day that the tree is not replaced.
(c) 
No acceptance of public improvements shall be authorized until all fines and penalties for violations of this article have been paid to the city.
(d) 
No certificate of occupancy shall be issued until all fines and administrative and civil penalties for violations of this article have been paid to the city.
(Ordinance 2007-08-00601 adopted 8/2/07)
All developments for which building permits have yet to be issued as of the effective date of this article (Ordinance 2007-08-00601 adopted August 2, 2007) shall be subject to the requirements for tree protection and replacement specified herein.
(Ordinance 2007-08-00601 adopted 8/2/07)
A tree removal permit shall not be required and tree protection and replacement requirements shall not apply under any of the following circumstances:
(1) 
Agricultural uses.
Property zoned agricultural and being actively used for agricultural purposes shall be exempt from the requirements specified herein.
(2) 
Homeowners.
The owner of a residence who uses the residence as his homestead shall be exempt from the requirements of this article as it pertains to that residential property.
(3) 
Right-of-way.
Right-of-way owned or leased by a governmental entity.
(4) 
Damaged/diseased trees.
The tree is dead, diseased, damaged beyond the point of recovery, in danger of falling, or endangers the public health, welfare or safety as determined by the planning staff.
(5) 
Utility service interruption.
The tree has disrupted a public utility service due to a tornado, storm, flood or other act of God. Removal shall be limited to the portion of the tree reasonably necessary to reestablish and maintain reliable utility service.
(6) 
Businesses.
The following business ventures shall be exempt from the requirements specified herein as follows:
(A) 
Landscape nurseries.
All licensed plant or tree nurseries shall be exempt from the tree protection and replacement requirements and from the tree removal permit requirements only in relation to those trees planted and growing on the premises which are so planted and growing for sale to the general public.
(B) 
Golf courses.
Golf courses shall be exempt from the tree protection and replacement requirements and from the tree removal permit requirements for removal of protected trees within areas designated as tee boxes, fairways or greens. All other areas shall be subject to these requirements.
(Ordinance 2007-08-00601 adopted 8/2/07)
All development plats and site plans shall include a tree survey. The tree survey shall include the elevation of the trees, range of height and caliper of the trees, the predominant species within an area, and the general appearance of the trees with regard to health and location with regard to property lines. Individual trees which are healthy and have a DBH of 4.5" or greater for large trees or a DBH of 2" or greater for small trees or which are otherwise noteworthy because of species, age, size, or rarity shall be specifically located, as well as the protected trees that are proposed for removal through the permit process. The tree survey shall be submitted to the planning staff as part of the development/planning process. Any tree plan or survey which shows protected trees will be removed shall be accompanied by a tree removal application and a plan for replacement pursuant to the tree replacement definition. The burden shall be upon the applicant to show the necessity for all protected trees being removed.
(Ordinance 2007-08-00601 adopted 8/2/07)
(a) 
After final plat approval, including amended plats, replats or site plans, but prior to any clearing, pruning or trimming, tree removal or grading, a tree protection management conference shall take place to review procedures for protection and management of all tree protection elements.
(b) 
Prior to the approval of pruning, trimming or removal of any trees, the applicant shall mark clearly all trees to be preserved and notify the city of the marking(s). The city shall inspect and verify the markings, not to exceed a two-week period. All protected trees shall be marked in accordance with signage or markings as provided herein.
(c) 
Prior to the commencement of grading, all tree markings and protective fencing as described within this article must be installed by the developer and must be inspected by the city.
(d) 
Within two (2) weeks of notification by the planning staff that final acceptance of the subdivision by the city is imminent, a final inspection of the tree preservation methods must be performed.
(Ordinance 2007-08-00601 adopted 8/2/07)
Except as provided in section 3.18.005, no person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging any protected tree situated on property regulated by this article without first obtaining a tree removal permit, unless otherwise specified in this article.
(Ordinance 2007-08-00601 adopted 8/2/07)
(a) 
Administrative procedures.
The planning staff shall establish administrative procedures necessary to facilitate the implementation of this section. Such administrative procedures shall be subject to approval by the city council.
(b) 
Application.
An application for a tree removal and site clearing permit must be submitted and approved prior to the removal of any protected tree in the city unless the tree is exempt under this article.
(c) 
Fee.
All tree removal permits shall be accompanied by a check made payable to the city in the amount established by resolution of the city council.
(d) 
Tree location map required.
All requests for tree removal permits must be accompanied by a map showing at a minimum the requirements as listed in subsection (e) below. These requirements may be modified by the planning staff as needed to administer this article and are subject to approval by the city council. Upon prior approval by the planning staff, the map exhibit may be limited only to the applicable portion of the site.
(e) 
Contents of map.
Maps shall show the location of all buildings, structures, pools, utilities, and other improvements intended on the lot and limits of construction lines shown if applicable; the location of tree(s) to be removed and replacement trees with dimensions from the two nearest property lines; the caliper and common name of trees to be removed; and any required replacement trees shown with caliper size and the common name of the tree.
(f) 
Expiration.
Permits for tree removal issued in connection with a building permit or site plan shall be valid for the period of that building permit’s or site plan’s validity. Permit(s) for tree removal not issued in connection with a building permit or a site plan shall become void one hundred eighty (180) days after the issue date on the permit.
(Ordinance 2007-08-00601 adopted 8/2/07)
The planning staff shall be allowed to consider variances or exceptions to the tree removal permit and tree replacement plan where literal enforcement would result in creation of an unnecessary hardship or impractical application of the plan considering the physical characteristics of the lot or parcel of land in question, except that any variance request for the removal of three (3) protected trees or more within 90 days shall be deferred directly to the city council.
(Ordinance 2007-08-00601 adopted 8/2/07)
The planning staff or the city council, where applicable, shall deny a tree removal permit or application for variance, if it is determined that:
(1) 
Removal of the tree is not necessary in order to conduct anticipated activities on the property;
(2) 
A reasonable accommodation can be made to preserve the tree; or
(3) 
The purpose and intent of this article is not being met or is being circumvented by the applicant.
(Ordinance 2007-08-00601 adopted 8/2/07)
Any decision made by the planning staff may be appealed directly to the city council. All decisions made by the city council shall be final.
(Ordinance 2007-08-00601 adopted 8/2/07)
(a) 
Generally.
No protected tree shall be pruned in such a manner which significantly disfigures the tree, or in a manner that would reasonably lead to the death of a tree, except where such pruning is necessary for safety and utility reliability.
(b) 
Utility companies.
All utility companies shall be required to file in the office of the planning staff a set of pruning specifications (updated annually) to be followed by all pruning contractors working for the company within the city. Prior to beginning any pruning not requested by the owner of the tree, the contractor shall submit to the city an application for a pruning permit for approval. Such permit shall be effective for a one-year period. In addition, written notice of pruning must be given by the utility to the landowner at least two weeks prior to any pruning activity on or adjacent to a landowner’s property. As allowed in section 3.18.005(5), utility companies may prune trees as necessary to reestablish disrupted utility service without obtaining a permit.
(c) 
Standards.
All pruning shall be in accordance with the most recent version of the National Arborist Association Standards for Pruning of Shade Trees, which shall be on file in the office of the planning staff, and supervised by the planning staff or private property owner as applicable. Under no circumstances shall “topping” of trees be permitted as that term is defined in Neil Sperry’s books titled “Neil Sperry’s Guide to Texas Gardening”, 2nd edition and “1001 Most Asked Texas Gardening Questions”, May 1, 1997 edition.
(Ordinance 2007-08-00601 adopted 8/2/07)
(a) 
Replacement of protected trees required.
In the event that it is necessary to remove a protected tree, the applicant shall be required to replace the protected tree being removed with an approved replacement tree, as defined herein.
(b) 
Restrictions.
Any required replacement tree shall not be planted within an area such that the mature canopy of the tree will interfere with overhead utility lines, or that the mature root zone of the tree interferes with wastewater lines, water and all other utility easements, or where the tree will obstruct sidewalks or present hazards to the safe use of the roadway by way of visual impairment.
(c) 
Trees required by zoning ordinance or deed restrictions.
Trees required to be added per the landscaping requirements in the zoning ordinance or by virtue of deed restrictions shall not be considered as replacement trees.
(d) 
Alternate location.
Should a lot or parcel of land requesting the removal of trees not be large enough to accommodate the replacement of the caliper inches removed, the planning staff may require an alternate location(s) within the city to place the total caliper inches removed.
(e) 
Number of replacement trees.
Trees shall be replaced 1 for 1 in measured DBH of the trees removed.
(Ordinance 2007-08-00601 adopted 8/2/07)
(a) 
Generally.
A major purpose of this article is to protect all protected trees that are not required to be removed to allow approved construction to occur. The following procedures are required in the situations noted; however, the planning staff may accommodate unique circumstances.
(b) 
Prohibited activities in root zone of protected tree.
The following activities shall be prohibited within the limits of the critical root zone of any protected tree subject to the requirements of this article:
(1) 
Materials storage.
No materials intended for use in construction or waste materials accumulated due to construction, excavation or demolition shall be placed within the limits of the critical root zone of any protected tree.
(2) 
Equipment cleaning, liquid disposal and material storage.
No equipment shall be cleaned or other potentially damaging liquids deposited or allowed to flow overland within the limits of the critical root zone of a protected tree. This would include, but not be limited to, paint, oil, petroleum products, solvents, asphalt, concrete, mortar, pesticides, herbicides, fertilizer, or other similar materials that may be toxic or harmful to trees or vegetation. Further, no equipment or other materials, including dirt, shall be stored within the critical root zone. No soil of a depth greater than 2 inches shall be placed in the critical root zone.
(3) 
Attachments to trees.
No signs, wires or other attachments, other than those of a protective nature, shall be attached to any protected tree.
(4) 
Vehicular traffic.
No vehicular and/or construction equipment traffic or parking shall take place within the limits of the critical root zone of any protected tree other than on an existing street pavement. This restriction does not apply to single incident access within a 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.
No grade changes (cut or fill) shall be allowed within the limits of the critical root zone of any protected tree unless adequate construction methods are approved by the planning staff.
(6) 
Impervious paving.
No paving with asphalt, concrete or other impervious materials in a manner which may reasonably be expected to kill a tree shall be placed within the limits of the critical root zone of a protected tree.
(c) 
Flagging and protective devices.
The following procedures shall be followed on all types of construction projects, including but not limited to residential subdivisions, commercial, multifamily, manufacturing developments, residential builders and municipal/public, utility easements, right-of-way, manufactured housing developments, road construction, and sidewalk construction:
(1) 
Tree flagging.
All protected trees on the subject property within forty (40) feet of a construction area or surface improvements such as driveways, walks, etc., shall be flagged with bright fluorescent orange vinyl tape of at least 2-inch width wrapped around the main trunk at a height of four (4) feet or more such that the tape is very visible to workers operating construction equipment. This shall include the flagging of all protected trees adjacent to the right-of-way within approved residential subdivisions during the construction of the roadway. All flagging shall remain in place during the entire phase of construction at all times.
(2) 
Open space flagging.
All trees or groups of trees within areas intended to be saved as open space shall be enclosed with bright fluorescent orange vinyl tape of at least 2-inch width along all areas of possible access or intrusion by construction equipment. Tape shall be supported at a maximum of 25-foot intervals by wrapping trees or other approved methods. Single incident access for the purpose of clearing underbrush is allowed. All flagging shall remain in place during the entire phase of construction at all times.
(3) 
Protective fencing.
Protective fencing will be located at the drip lines of all protected trees that border the limits of construction as designated by the planning staff.
(4) 
Bark protection.
In situations where a protected tree remains in the immediate area of intended construction, the tree shall be protected by enclosing the entire circumference of the tree with 2-inch by 4-inch lumber encircled with wire or by other means that do not damage the tree. The purpose is to protect the bark of the tree against incidental contact by large construction equipment.
(d) 
Boring under trees; trenching and excavation.
(1) 
Boring.
Boring of utilities under protected trees may be required in certain circumstances. When required, the length of the bore shall be the width of the critical root zone at a minimum and shall be a minimum depth of forty-eight (48) inches.
(2) 
Trenching.
All trenching, where possible, shall be designed to avoid trenching across the critical root zone of any protected tree. This shall not inhibit the placement of necessary underground services such as electric, telephone, gas, etc. No trenches in the critical zone of a protected tree may be left open for more than 24 hours.
(3) 
Root pruning.
It is required that all roots two (2) inches or larger in diameter which are exposed as a result of trenching or other excavation be cut off square with a sharp medium-tooth saw and covered with pruning compound within two hours of initial exposure.
(4) 
Rehabilitation.
All post boring and trenching in the critical root zone and root pruning shall require rehabilitation treatments of watering and fertilizing with root stimulator as recommended by the city.
(Ordinance 2007-08-00601 adopted 8/2/07)
If any of the trees required to be retained or trees planted as a part of this article should die within a period of one (1) year after completion of the activities associated with construction, the person or entity that is required to plant the replacement tree(s) shall replace the trees within six months at a ratio of one-to-one with an approved identical size tree from the replacement protected tree/replacement list (section 3.18.019).
(Ordinance 2007-08-00601 adopted 8/2/07)
No building permit shall be issued unless the applicant signs an application or permit request which states that all construction activities shall meet the requirements of this article. The city administrator or designee shall make available to the applicant a copy of this article.
(Ordinance 2007-08-00601 adopted 8/2/07)
LARGE TREES
Box elder maple
Black willow
Bitternut hickory
Pecan (R)
Northern catalpa
Sugar hackberry
American elm
Red maple
White ash
Shummard magnolia
Green ash
Slippery elm
Texas ash
River birch
Eastern red cedar (R)
Black walnut (R)
Osage-orange (horse apple, Bois D’Arc)
Sweetgum
Southern magnolia
Red mulberry
Eastern cottonwood
Sycamore
Shumard oak (R)
Cottonless cottonwood
Magnolia
Caddo maple
Pond cypress (R)
Saucer magnolia
 
Thornless honey locust (R)
SMALL TREES
Montezuma cypress (R)
Western soapberry (R)
Texas oak (Texas red oak) (R)
Chinquapin oak (R)
Arizona cypress (R)
Live oak (R)
Desert willow (R)
Bald cypress (R)
Vasey oak (R)
Bigtooth maple (R)
Bur oak (R)
Lacy oak (R)
Eve’s necklace (R)
Golden raintree
Mexican buckeye
Mexican plum (R)
Prairie flameleaf sumac (R)
Purpleleaf plum
Redbud (R)
Roughleaf dogwood
Rusty blackhaw viburnum
Texas persimmon (R)
Texas redbud (R)
Indigo-bush amorpah
Chittamwood
Hawthorn
Eastern redbud (R)
Common persimmon (R)
Eastern wahoo
Possumhaw holly (R)
Yaupon holly (R)
Southern wax myrtle
Chickasaw plum
Carolina cherry laurel
Southern crabapple
Carolina buckthorn
Smooth sumac
Texas sophora
Toothache
Honey mesquite
Texas mesquite
Cedar elm (R)
(Ordinance 2007-08-00601 adopted 8/2/07)
(a) 
This article shall apply to all nonresidential districts. Any area within a planned development district or overlay district containing landscaping standards shall be regulated by the more restrictive standards.
(b) 
The regulations of this article also apply to the following:
(1) 
SUP (specific use permit).
(2) 
Churches located in residential zoning districts.
(3) 
Day-care centers located in residential zoning districts.
(4) 
Schools (public/parochial) located in residential zoning districts.
(5) 
Other.
Applications for building permits for construction work that:
(A) 
Increases the number of stories in a building on the lot.
(B) 
Increases by more than ten (10) percent or ten thousand (10,000) square feet, whichever is less, the combined floor areas of all buildings on the lots.
(C) 
Increases the nonpermeable lot coverage by more than two thousand (2,000) square feet.
(c) 
When the regulations of this section become applicable to a lot, the requirements are binding on all current and subsequent owners of the lot.
(d) 
The city council shall, as a minimum, impose landscaping requirements that are reasonably consistent with the standards and purposes of this article as a part of any ordinance establishing or amending a planned development (PD) district, or amending a special use permit (SUP). All landscaping requirements imposed by the city council must be reflected in landscape and irrigation plans that comply in form and content with the requirements of this article.
(e) 
The planning staff may grant a special exception to the landscaping requirements of this article upon making a special finding from the evidence presented that strict compliance with this article will result in substantial financial hardship or inequity to the applicant without sufficient corresponding benefit to the city and the citizens in accomplishing the objective and purpose of this article.
(Ordinance 2007-08-00601 adopted 8/2/07)
(a) 
Prior to site plan review by the planning staff for zoning amendments or building permit applications where these landscaping requirements are applicable, landscape plans must be submitted to the city director of planning and community development. The plans must have a scale of one (1) inch equals thirty (30) feet or larger and be on a standard drawing sheet of a size no larger than twenty-four (24) inches by thirty-six (36) inches. A plan which cannot be drawn in its entirety on a 24-inch by 36-inch sheet must be drawn with appropriate match-lines on two (2) or more 24-inch by 36-inch sheets.
(b) 
Irrigation plans must be submitted when the building permit application is submitted with building plans to the chief building official for review.
(Ordinance 2007-08-00601 adopted 8/2/07)
Landscape and irrigation plans required under this article must contain the following information, and are not complete unless all applicable information noted in this section is submitted to the planning and community development department:
(1) 
The title block in the lower, righthand corner containing the following: date, scale, site location map, north arrow, and the names, addresses, and telephone numbers of both the property owners and the person preparing the plan.
(2) 
The addition name, block and lot description along with business name placed in the title block in the lower righthand corner of the plan.
(3) 
The property boundary dimensions of the site (bearings and distances).
(4) 
All existing and proposed public and private streets and sidewalks including street and sidewalk widths.
(5) 
All existing services: fire hydrants, water mains, and sewer mains within the tract and immediately adjacent to it with pipe size and location indicated.
(6) 
All proposed water and sanitary sewer pipe lines with sizes indicated and valves, fire hydrants, manholes, and other appurtenances or structures shown.
(7) 
All existing or proposed water, sewer and irrigation connections, meter location, and size of meters.
(8) 
All existing and proposed utility and visibility easements.
(9) 
All existing or proposed buildings on the property, existing structures, access points on and adjacent to the property.
(10) 
Existing and proposed contours of berms in intervals of one (1) foot.
(11) 
Detailed structural designs of entryway features.
(12) 
Screening walls and location, type and height of screening wall, either living or masonry. (Masonry screening walls must be designed by a professional engineer registered in the state. Proposed berming is to be delineated by one-foot contours.)
(13) 
The following additional information must be submitted on the landscape plan:
(A) 
Tabulations of the landscape edge in linear feet.
Give the street name and the amount of frontage.
(i) 
Label streets.
(ii) 
The following information is to be provided on the landscape plan in a tabular format:
a. 
Indicate the trees/shrubs required and provided.
b. 
Indicate parking area trees required and provided.
c. 
Indicate the trees/shrubs required and provided for parking lot perimeter landscaping.
d. 
Indicate parking lot interior landscaping required and provided.
e. 
Indicate gross landscape square footage and percentage excluding the city right-of-way (i.e. the landscape provided within the landscape edge and within the interior of the lots).
(B) 
Show graphically all plant material existing/proposed.
(C) 
Distance of trees/shrubs from sidewalks, curbs, screening walls, and utilities (minimum five (5) feet).
(D) 
Spacing between trees/shrubs (varies, check growth specifications).
(14) 
Complete description of plant materials shown on the plan, including common and botanical names, locations, quantities, container (five-gallon minimum for required shrubs) or caliper sizes (four-inch minimum caliper for required shade trees), heights, spread, and spacing.
(15) 
Complete description of landscaping and screening to be provided in or near off-street parking and loading areas, including information as to the amount (in square feet) of landscape area compared to gross site square footage. The city right-of-way shall not be included as part of the gross site landscaping.
(16) 
Size, height, location and material of any proposed seating, lighting, planters, sculptures, decorative paving, and water features.
(17) 
Landscape plans shall contain the certification and stamp of a landscape architect licensed in the state that such plans have been reviewed by such landscape architect and satisfy all requirements of this article.
(18) 
Irrigation plans shall contain the certification and stamp of an irrigator licensed by the state board of irrigators that such plans were prepared by such irrigator and satisfy all requirements of this article.
(19) 
Location of sprinkler heads, valves, double-check valves, water meter, automatic controller, rain and freeze sensor, wind sensor, moisture sensor or any control mechanic of whatever kind or make must be shown on all irrigation plans.
(Ordinance 2007-08-00601 adopted 8/2/07)
Tree planting should follow the recommended landscape street tree concept as described in the comprehensive plan’s urban design section. Shade trees must be selected from the list in section 3.18.024, and must be a minimum caliper size of four (4) inches. The trees listed in section 3.18.024, are considered suitable for local soil conditions and climate. Other species may be acceptable with approval from the city’s superintendent of parks and forestry. Section 3.18.024 also lists all prohibited trees.
(Ordinance 2007-08-00601 adopted 8/2/07)
The list for tree and landscape materials shall be as follows:
TREE AND LANDSCAPE MATERIAL LIST
Appropriate Trees and Landscaping Material *(R)
LARGE TREES
Box elder maple
Black willow
Bitternut hickory
Pecan (R)
Northern catalpa
Sugar hackberry
American elm
Red maple
White ash
Shummard magnolia
Texas ash
Slippery elm
Eastern red cedar (R)
River birch
Southern magnolia
Black walnut (R)
Eastern cottonwood
Sweetgum
Shumard oak (R)
Red mulberry
Magnolia
Cottonless cottonwood
Pond cypress (R)
Caddo maple
 
Saucer magnolia
 
Thornless honey locust (R)
SMALL TREES
Montezuma cypress (R)
Western soapberry (R)
Texas oak (Texas red oak) (R)
Chinquapin oak (R)
Arizona cypress (R)
Live oak (R)
Desert willow (R)
Bald cypress (R)
Vasey oak (R)
Bigtooth maple (R)
Bur oak (R)
Lacy oak (R)
Eve’s necklace (R)
Golden raintree
Mexican buckeye
Mexican plum (R)
Prairie flameleaf sumac (R)
Purpleleaf plum
Redbud (R)
Roughleaf dogwood
Rusty blackhaw viburnum
Texas persimmon (R)
Texas redbud (R)
Indigo-bush amorpah
Chittamwood
Hawthorn
Eastern redbud (R)
Common persimmon (R)
Eastern wahoo
Possumhaw holly (R)
Yaupon holly (R)
Southern wax myrtle
Chickasaw plum
Carolina cherry laurel
Southern crabapple
Carolina buckthorn
Smooth sumac
Texas sophora
Toothache
Honey mesquite
Texas mesquite
Cedar elm (R)
SHADE TREES
American elm
Lacebark (Drake) elm
Bald cypress
Live oak
Bigtooth maple
Pecan
Black walnut
Red maple cultivars
Burr oak
Shumard red oak
Cedar elm
Slippery elm
Chinese elm
Southern magnolia
Chinese pistache
Southern red oak
Chinquapin oak
Southern sugar maple cultivars
Deodor cedar
Texas ash
 
Thornless-honeylocust
ORNAMENTAL TREES
Aristocrat pear
Mexican plum
Arizona cypress
Possumhaw holly
Bumelia
Purpleleaf plum
Cherry laurel
Redbud
Crabapple
Rough lead dogwood
Crepe myrtle
Saucer magnolia
Desert willow
Smoketree
Elderica pine
Sweetgum
Flame leaf sumac
Texas sophora
Hawthorne
Vitex
Japanese black pine
Wax myrtle
Leyland cypress
Yaupon holly
EVERGREEN SHRUBS
Abelia
Nandina
Arborvitae
Nellie R. Stevens
Boxwood
Oleanders
Burford holly
Pampas grass
Cherry laurel
Privet
Elaeagnus
Viburnam
Indian hawthorn
Wax myrtle
Junipers
 
GROUND COVERS
Ajuga
Liriope
Asian jasmine
Mondo grass
Boston ivy
Moneywart
Cinquefoil
Monkey grass
Duchesnia
Sedum
English ivy
Verbena
Hedra spp.
Vinca spp.
Honeysuckle
Virginia creeper
PROHIBITED PLANTS, SHRUBS, TREES
Arizona ash
Wax leaf
Water hyacinth willow
Ligustrum
Elm Siberian
Mulberry
Eunoymus (any spp.)
Red tip photinia
Green ash
Silver maple
Hackberry
Sycamore
*(R) - See section 3.18.002, Definitions, Replacement Tree.
(Ordinance 2007-08-00601 adopted 8/2/07)
Due to seasonal planting problems and a lack of plant availability, approved landscape plans may require minor revisions. Planting plans shall be accepted if there is no reduction in the quality of plant material or no significant change in size or location of plant materials, and if the new plants are of the same general category (i.e., shade, ornamental, or evergreen trees) and have the same general design characteristics (mature height, crown spread) as the materials being replaced. Proposed materials must also be compatible with the area to ensure healthy plant growth. If these criteria are not fulfilled, changes to approved plans must be resubmitted and reviewed anew by staff and the planning staff.
(Ordinance 2007-08-00601 adopted 8/2/07)
The city administrator (or designee) shall review each landscape plan submitted to determine whether or not it complies with the requirements of this article. All landscape plans must comply with the mandatory provisions of this article.
(Ordinance 2007-08-00601 adopted 8/2/07)
At least fifteen (15) percent of the gross lot (excludes right-of-way) shall be maintained as landscaped area for all nonresidential zoning districts, planned development districts, and SUPs (special use permits). These requirements also apply to the following uses located in residential zoning districts:
(1) 
Churches;
(2) 
Day-care centers;
(3) 
Schools (parochial/public);
(4) 
Other.
Applications for building permits for construction work that:
(A) 
Increases the number of stories in a building on the lot.
(B) 
Increases by more than ten (10) percent or ten thousand (10,000) square feet, whichever is less, the combined floor areas of all buildings on the lots.
(C) 
Increases the nonpermeable lot coverage by more than two thousand (2,000) square feet.
(Ordinance 2007-08-00601 adopted 8/2/07)
In all zoning districts, a twenty-foot landscape edge must be provided along the entire length of the portion of the perimeter of the lot where a public or private street exists, exclusive of driveways and access ways at points of ingress and egress to and from the lot:
(1) 
The city right-of-way shall not be included in the twenty-foot buffer. The planning staff may reduce the width of the required landscape edge during site plan review when the reduction is required for public improvements.
(2) 
Decorative paving square footage may be included in the required landscape area square footage, if approved by the city in lieu of the standard city sidewalk specification.
(3) 
The minimum requirements for landscape edge landscaping shall be one (1) shade tree and eight (8) shrubs for each twenty (20) linear feet of frontage.
(4) 
All required screening, parking perimeter, and interior parking landscaping shall be included in the overall fifteen (15) percent of gross site landscaping.
(5) 
No tree may be planted closer than five (5) feet to the paved portion of any impermeable surface.
(6) 
No parking lot tree island may be less than ten (10) feet wide in any dimension and shall not contain less than one hundred (100) square feet of continuous permeable land.
(Ordinance 2007-08-00601 adopted 8/2/07)
All off-street loading spaces on a site must be screened from all public and private streets, and residentially zoned properties adjacent to that site: All screening must be at least eight (8) feet in height measured from the horizontal plane passing through the nearest point of the off-street loading space and may be provided by using either of the following two (2) methods, except where the off-street loading spaces are located adjacent to residentially zoned property (see subsection (2) of this section), subject to approval by the director of planning and community development or designee:
(1) 
Evergreen trees planted six (6) feet on center, in a double staggered row.
(2) 
An ornamental iron fence, masonry wall or berm. A screen totaling fourteen (14) feet in height is required where off-street loading spaces are located adjacent to residentially zoned property. A combination of subsections (3)(B)(i) and (ii) of this section are required. When berming is used, the berms shall be sod, plugged, sprigged, hydro mulched or seeded so that complete coverage is established within a three-month period of time from planting. The grass shall be reestablished, if necessary, to ensure grass coverage of all areas.
(3) 
When screening for off-street loading spaces is provided by earthen berm or evergreen plant materials, the following regulations apply:
(A) 
The berm must have a minimum side slope of three to one (3:1) and a minimum crown width of three (3) feet.
(B) 
Evergreen plant materials must be selected from the approved planting materials list (see section 3.18.024). In addition, the plant materials must:
(i) 
Be located in a bed that is at least five (5) feet wide.
(ii) 
Be placed a maximum of six (6) feet on center in staggered rows over the entire length of the bed unless the director of planning and community development or designee approves an alternative planting density as being capable of providing a solid screen within one (1) year of planting.
(iii) 
Be a minimum of eight (8) feet in height at time of planting. Provide a visual barrier of the required height within one (1) year of initial planting.
(Ordinance 2007-08-00601 adopted 8/2/07)
(a) 
Screening must be provided for all surface parking lots on the site from all adjacent streets. The screening must extend along the entire street frontage of the surface parking lot, exclusive of driveways and access ways at points of ingress and egress to and from the site, and visibility triangles.
(b) 
The surface parking lot screening must be at least three-and-one-half (3-1/2) feet higher than the finished elevation of the adjacent parking lot. The screening may be provided by using any two (2) of the following, subject to approval by the director of planning and community development or designee:
(1) 
Evergreen shrubs planted three (3) feet on center in a double staggered row in a bed at least thirty-six (36) inches wide.
(2) 
A berm of up to three (3) feet high with a minimum side slope of three to one (3:1) is required. The minimum crown width must be three (3) feet. Berms must be covered in live vegetation. Plants used for screening on a berm must reach a minimum height of thirty (30) inches within two (2) years of installation and be at least eighteen (18) inches high when planted.
(3) 
A fence or wall constructed of materials compatible with the principle building. One-third (1/3) of any fence or wall must be screened with acceptable plant materials, as approved by the city administrator or designee.
(Ordinance 2007-08-00601 adopted 8/2/07)
(a) 
The perimeter strip shall be at least five (5) feet in width.
(b) 
The minimum requirement for perimeter landscaping shall be one (1) shade tree and eight (8) shrubs for each twenty (20) linear feet of perimeter.
(c) 
Required perimeter landscaping between adjacent parking lots does not preclude the need to provide cross access between lots.
(Ordinance 2007-08-00601 adopted 8/2/07)
(a) 
The required percentage of interior parking lot landscaping shall be determined based on the following sliding scale:
Total Parking Area
(square feet)
Interior Planting Area
7,000 to 49,999
5 percent
50,000 to 149,999
8 percent
150,000 and larger
10 percent
(b) 
To calculate the total parking area and the subsequent percentage of required interior lot planting, total the square footage of all areas within the lot’s perimeter, including parking spaces, planting islands, curbed areas, corner lots, and all interior driveways and aisles (except those with no parking spaces located on either side).
(c) 
Landscaped areas located outside the parking lot may not be used to meet the interior planting requirements.
(d) 
Curbs or wheel stops must be provided to prevent cars from parking too close to trees or damaging shrubs and screens.
(e) 
All planting islands shall be curbed with a raised six-inch concrete curb located parallel to and between parking spaces and must be at least ten (10) feet wide to prevent cars from damaging trees and shrubs.
(f) 
Shade trees must be provided to each parking lot at a minimum average density of one (1) tree for each ten (10) required parking spaces on the lot.
(g) 
No required parking spaces may be located further than fifty (50) feet from the trunk of a shade tree, or farther than seventy-five (75) feet from two (2) or more shade trees.
(Ordinance 2007-08-00601 adopted 8/2/07)
Whenever a nonresidential use, mobile home use, or multiple-family use is adjacent to a property used or zoned for single-family or duplex residential use, the more intensive land use shall provide a landscaped area edge of at least ten (10) feet in width along the common property line planted with one (1) shade tree (minimum four (4) inches in caliper and sixteen (16) to eighteen (18) feet in height at time of planting) for each twenty-five (25) linear feet or portion thereof of adjacent exposure.
(Ordinance 2007-08-00601 adopted 8/2/07)
(a) 
Equipment/equipment cabinets for the types of uses listed in this section shall be screened from all roadways and adjacent properties. One (1) of the following types of screening is required:
(1) 
Eight-foot tall (minimum) evergreen trees planted ten (10) feet on center, in a double staggered row. The plant material must provide a solid living screen within one (1) year of planting.
(2) 
Eight-foot tall (minimum) solid masonry screening wall with eight-foot tall evergreen trees planted on nine-foot centers.
(b) 
All plant material is required to be one hundred (100) percent irrigated by an underground automatic irrigation system.
(Ordinance 2007-08-00601 adopted 8/2/07)
The city shall have the power to plant, preserve, spray, trim, or remove any tree, shrub, or plant on any parkway, alley, easement or public ground belonging to the city.
(Ordinance 2007-08-00601 adopted 8/2/07)
It shall be unlawful for any person to cut or break any branch of any tree or shrub or injure in any way the bark of such tree or shrub growing on public property.
(Ordinance 2007-08-00601 adopted 8/2/07)
The existing natural landscape character (especially native oaks, elms, and pecan trees) shall be preserved to the extent reasonable and feasible. In an area of the street frontage containing a stand of trees, the developer shall use best good faith efforts to preserve such trees.
(Ordinance 2007-08-00601 adopted 8/2/07)
In determining whether there is compliance with this article, the director of planning and community development or designee shall consider topographical constraints on design, drainage, access and egress, utilities, and other factors reasonably related to health, safety and welfare of the public which necessitate disturbance of the existing natural landscape character, economic usefulness of the property without disturbance of its natural character, the nature and quality of the landscaping installed to replace it, and such other factors as may be relevant and proper. Indiscriminate clearing or stripping of the natural vegetation on a lot is prohibited.
(Ordinance 2007-08-00601 adopted 8/2/07)
Plant materials shall conform to the requirements described in the most current edition of “American Standards for Nursery Stock” which is published by the American Association of Nurserymen.
(Ordinance 2007-08-00601 adopted 8/2/07)
Plants shall conform to the measurements specified in the plant schedule. Caliper measurements (measured in inches) shall be taken at a height of six (6) inches above the final grade to determine the caliper size or trunk diameter of a tree. For trees over four (4) inches in caliper size, the trunk diameter/caliper size shall be measured at a height of four-and-one-half (4-1/2) feet above the ground - also referred to as the DBH, diameter-at-breast-height.
(1) 
The minimum branching height for all shade trees shall be six (6) feet.
(2) 
The minimum size for shade trees shall be four (4) inches in caliper size, sixteen (16) to eighteen (18) feet in height.
(3) 
The minimum size for ornamental trees (e.g. Aristocrat pear) shall be three (3) inches in caliper size.
(4) 
The minimum size for ornamental flowering trees (e.g. Crepe myrtle) shall be eight (8) to ten (10) feet in height.
(5) 
The minimum size for evergreen trees shall be eight (8) to ten (10) feet in height.
(6) 
The minimum size for shrubs shall be five (5) gallons.
(Ordinance 2007-08-00601 adopted 8/2/07)
All shrub beds shall be edged and all plant materials mulched with a two-inch layer of bark or shredded cypress mulch.
(Ordinance 2007-08-00601 adopted 8/2/07)
Every property owner and any tenants shall keep their landscaping in a well-maintained, safe, clean, and attractive condition at all times. Such maintenance includes, but is not limited to, the following:
(1) 
Landscaped areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the landscape. All plant material shall be maintained in a healthy and growing condition, and must be replaced with plant material of similar variety and size (size not to be smaller than the minimum required by this article at the time of replacement) if diseased, damaged, destroyed, or removed.
(2) 
Lawn mowing on a regular basis as determined by the planning director.
(3) 
Tree and shrub pruning.
(4) 
Watering of landscaped areas on a regular basis. An automatic underground irrigation system is required for all landscaping.
(5) 
Keeping landscape lighting in working order.
(6) 
Keeping lawn and garden areas alive, free of weeds, and attractive.
(7) 
Cleaning of abutting waterways and landscaped areas lying between public right-of-way lines and the property unless such streets, waterways or landscaped areas are expressly designated to be maintained by applicable governmental authority.
(Ordinance 2007-08-00601 adopted 8/2/07)
(a) 
Dumpsters shall be enclosed on three (3) sides with six-foot walls constructed of the same materials and finishes as the buildings. A six-foot solid landscaped screen without a fence or wall may also be used. Evergreen plant material is to be used and must be a minimum height of eight (8) feet at time of planting and shall provide a solid screen within one (1) year of planting, unless the screening dumpster under this code requires smaller. All landscaping must be one hundred (100) percent irrigated by an underground automatic irrigation system.
(b) 
An eight-foot masonry screen constructed of the same materials and finishes as the buildings, shall be provided around compactors. An eight six-foot [sic] solid landscaped screen without a fence or wall may also be used. Evergreen plant material is to be required and must be a minimum height of eight (8) feet at time of planting and shall provide a solid screen within one (1) year of planting.
(c) 
Screens are not required for dumpsters in nonresidential developments when located in the service area and screened by the buildings, wing walls or screening walls from public view.
(d) 
Dumpsters shall be identified on a site plan for all nonresidential and multifamily developments. The specific screening requirements specified in this article shall be placed on the site plan.
(Ordinance 2007-08-00601 adopted 8/2/07)
(a) 
Generally.
When a nonresidential zoning district abuts a residential zoning district, a solid masonry screening wall of not less that six (6) nor more than eight (8) feet in height shall be erected along the entire property line separating these districts, except where visibility triangles or easements are required. The screening wall shall be constructed by the owner/developer of the commercial property at such time as the property is developed in proportion to the entire commercial tract. In cases where the planning staff finds this requirement to be better met by an irrigated living screen, the same may be substituted for the screening wall. A wrought iron fence having a minimum height of not less than six (6) feet nor more than eight (8) feet in combination with evergreen plant material (minimum eight (8) feet in height at time of planting) is required if a living screen is proposed. The plant material must be one hundred (100) percent irrigated by an underground automatic irrigation system and provide a solid living screen within one (1) year of planting.
(b) 
Solid wall.
(1) 
Design and materials.
A reinforced structural rock, stone, or brick wall, having a minimum height of six (6) feet or a maximum height of eight (8) feet are required. Reinforced concrete footings are required and shall be designed, and signed by a structural engineer licensed to practice in the state. The rock or stone wall shall be constructed of natural materials, no manmade “look-alike” substitutes. All structural walls shall be approved by the planning staff.
(2) 
Engineering requirements.
Plans and specifications for the wall shall be approved by the city engineer. Engineering plans for the screening wall shall be submitted with, and be part of, the site plan or preliminary plat submittal requirements. All screening walls, brick, rock or stone, shall have specifications prepared and sealed and signed by a structural engineer, licensed to practice in the state.
(c) 
Additional requirements.
(1) 
The wall must be designed by a professional structural engineer registered in the state with his seal and signature.
(2) 
Water must drain away from wall on all sides. No accumulation of water shall be allowed.
(3) 
Wall to be designed with footing or pier and sized to allow for no more than one (1) inch of movement over eight (8) feet.
(4) 
Where walls are aligned with residential alleys pavements, the alleys shall be a minimum of six (6) feet from face or wall or columns on walls.
(5) 
Where a masonry unit wall is used, then control joints shall be a maximum of forty (40) feet on center with expansion joints a minimum of two hundred (200) feet on center.
(6) 
All mortar shall be type S or better for masonry wall units.
(Ordinance 2007-08-00601 adopted 8/2/07)
If, in the opinion of the city administrator or designee, any property owner or tenants have failed in any of the foregoing duties or responsibilities, then the city may give such person written notice of such failure, and such person must within ten (10) days after receiving such notice perform the maintenance required and/or correct any violations of this article as required. Should any property owner fail to fulfill this duty and responsibility within such period, then the city shall:
(1) 
Revocation of permits.
Revoke any building permits, certificates of occupancy, or other approvals or permits previously issued for the premises.
(2) 
Withholding of permits.
Withhold approval for building permits, certificates of occupancy, or other approvals or permits relating to the premises.
(3) 
City performance of care and maintenance.
To the full extent permitted by law, the city shall have the right and power to enter onto the premises and perform care and maintenance. The property owner and tenants of any part of the premises on which such work is performed shall jointly and severally be liable for the actual reasonable costs including any administrative fees of such work and shall promptly reimburse the city within eighty (30) [sic] days after receipt of a statement for such work from the city, the indebtedness shall be a debt of all of such persons jointly and severally, and shall constitute a lien against the premises on which the work was performed. The lien may be evidenced by an affidavit of costs filed in the real property records.
(4) 
Misdemeanor.
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined as provided in section 1.01.009.
(Ordinance 2007-08-00601 adopted 8/2/07)
When a property owner seeks a certificate of occupancy, the director of planning and community development may, in his discretion, require a maintenance bond, letter of credit, personal undertaking, cash escrow, or other security acceptable to the director that guarantees and secures maintenance of newly installed landscape for a period not to exceed two (2) years.
(Ordinance 2007-08-00601 adopted 8/2/07)
In any case in which a certificate of occupancy is sought at a season of the year in which the director of planning and community development or designee determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, a temporary certificate of occupancy may be issued, if a letter of agreement from the property owner is provided stating when the installation shall occur. All landscaping required by the approved landscape plan shall be installed within four (4) months of the date of issuance of the temporary certificate of occupancy or the site shall be deemed to be in violation of this article and the temporary certificate of occupancy shall be revoked.
(Ordinance 2007-08-00601 adopted 8/2/07)
It shall be unlawful to issue an occupancy permit prior to the approval and complete installation of the automatic underground irrigation system as indicated on the approved landscape and irrigation plans.
(Ordinance 2007-08-00601 adopted 8/2/07)