The clearing of land within the city
and its extraterritorial jurisdiction shall conform to the following
criteria:
(1)
No right-of-way clearing, rough cutting
or site clearing whatsoever shall be permitted without first obtaining
a subdivision improvement permit, site development permit or land
clearing permit.
(2)
A land clearing permit is required
for soil testing and surveying.
(3)
No clearing or rough cutting shall
be permitted until the construction of temporary erosion and sedimentation
controls and tree protection are in place.
(4)
Vegetation within buffer zones may
not be disturbed.
(5)
The length of time between land clearing
and final surfacing of streets shall not exceed twelve (12) months.
If an applicant does not meet his deadline, the city staff shall notify
him in writing that the city may complete the streets or revegetate
the disturbed area at his expense through prior fiscal arrangements
unless he does so within 60 days after the date on the notice.
(6)
Brush/tree piles are prohibited on
all sites. Vegetated piles must be hauled off site immediately or
mulched and spread to a depth not to exceed 18 inches.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
Before any application for zoning,
subdivision, subdivision improvements or site development is accepted
for review by the city, the applicant shall submit data on the project
to the code official and city engineer. This data shall be attached
to a completed “TIA Determination Worksheet” which shall
used to determine if a traffic impact analysis (TIA) is required.
Certain special use permit and variance applications may require a
TIA determination worksheet depending on the nature of the proposed
use or variance.
(b)
The threshold requirement for a TIA
shall be a land use or combination of land uses that would result
in trip generation of a minimum of 2,000 trips per day as determined
by trip generation rates as shown in the latest ITE Trip Generation
Manual. If the proposed land use does not exceed the threshold, a
TIA waiver shall be noted on the TIA determination worksheet. If the
TIA threshold is exceeded, the applicant shall be so advised on the
TIA determination worksheet that a TIA will be required.
(c)
If a TIA is required, the applicant
shall meet with city staff to determine a scope and study area for
the study prior to beginning work on the TIA. The applicant shall
be prepared, prior to meeting with city staff, to discuss potential
intersections to be evaluated and the data assumptions listed on the
form. A copy of the approved TIA scope shall be returned to the city.
(d)
The TIA shall include a detailed
description of the area street network, a description of proposed
land uses, the anticipated stages of construction, the anticipated
completion date of the various phases of land development, and the
trigger points requiring implementation of all described improvements.
(e)
The TIA shall conform to accepted
industry standards and shall include the following information:
(1)
Trip generation rates for both the
a.m. and p.m. peak periods using the Institute of Transportation Engineers,
Trip Generation Manual for all of the land uses specified in the preliminary
plan;
(2)
Trip distribution;
(3)
Adequacy determination for existing
and proposed street cross sections by phase of development;
(4)
Intersection level of service analysis
for each phase of development driveway sizes, locations, and adequacy;
(5)
Identification of and timing for
transportation improvements, if any, needed to maintain the same or
higher level of service than exists prior to development during each
phase of land development.
(f)
The TIA shall establish the baseline
traffic conditions and peak hour operations prior to development of
the subdivision or site. This baseline shall establish the existing
level of service that is to be maintained or bettered as the owners
develop the subdivision or site over time. The TIA shall address streets
and street intersections, and driveways on commercial sites.
(g)
The TIA shall identify needed improvements
and determine the costs of those improvements. The costs shall include
right-of-way acquisition, utility relocation, design and construction.
Using peak hour trips (PHT’s), the TIA shall determine the landowners’
pro rata participation in the cost of needed improvements. Pro rata
participation shall be based on the percentages of site traffic (PHT’s)
versus the total traffic, using a given improvement. Cost per PHT
shall be determined by dividing the total pro rata costs of all improvements
by the number of total PHT’s generated by the subdivision development.
All opinions of construction costs shall be approved by city staff
prior to acceptance of the TIA.
(h)
The TIA shall identify at what point
in time specific improvements are required to maintain an acceptable
traffic level of service within the city. The TIA shall specify trigger
points, using PHT’s and level of service analysis, to determine
when specific improvements would need to be constructed.
(i)
The TIA shall be accompanied by a
letter from the county and/or the Texas Department of Transportation
(TxDOT) which outlines any agreements between the developer and the
county and/or TxDOT for planned improvements to county and/or state
roads abutting subdivisions or sites and the trigger for such improvements.
(j)
The TIA shall be certified by a registered
engineer with a specialty in the field of transportation engineering.
(k)
Upon completion of the TIA, the applicant
shall submit a minimum of two (2) bound copies and a CD of the report
in pdf format to the code official for review. In addition, a copy
shall be sent to the county and the Texas Department of Transportation
whenever roadways under their jurisdiction may be affected, i.e.,
driveways, intersections, roadway geometric recommendations, etc.
(l)
The TIA shall be reviewed by the
city staff and review comments shall be provided to the applicant
for his response. Response by the applicant shall be in the form of
a letter, technical memorandum, or other appropriate document.
(m)
The applicant shall submit final
copies of the TIA to city staff containing all modifications, as well
as a cost estimate for recommended improvements and pro rata participation,
prior to final approval of the application for which the TIA was conducted.
(n)
The city shall determine when a letter
of credit shall be posted or cash deposit made based on the following
considerations:
(o)
The developer, in lieu of posting
a letter of credit or making a cash deposit, may determine to fund
and/or construct certain street and intersection improvements identified
in the TIA, if acceptable to the city. If the landowners determine
to either fund in advance or fund more than their pro rata share,
the city shall credit the developer’s future PHT fiscal posting.
For those contributions and improvements beyond the developer’s
pro rata participation, the city may either credit the developer’s
future PHT fiscal posting or reimburse the developer out of city funds
or funds allocated from other area landowners’ PHT contributions
for those specific improvements.
(p)
The application for which a TIA is
being conducted shall not be approved until the city has received
all required payments or is otherwise satisfied with the financial
arrangements related to required roadway improvements.
(q)
During the course of providing for
improvements, the city shall cooperate with the developer in the use
of its governmental powers to assist in the timely and cost-effective
implementation of improvements. Assistance shall not mean financial
aid in actual easement acquisition, construction or engineering costs.
Specifically, the city agrees to:
(1)
Assist in the acquisition of necessary
right-of-way and easements;
(2)
Assist in the relocation of utilities;
(3)
Assist in obtaining approvals from
the county;
(4)
Assist in obtaining approvals from
the TxDOT;
(5)
Assist in securing financial participation
for major street improvements from the county, TxDOT or the Capital
Area Metropolitan Planning Organization (CAMPO).
(r)
It is recognized that the scope of
the developer’s preliminary plans may change from time to time.
The monitoring reports may also demonstrate changes in the area street
conditions and travel patterns within and around the city. Periodic
updates to the TIA may be submitted by the developer to address these
issues and identify changes to the level of service at study intersections
and streets. These updates shall address modifications to the magnitude
and timing of improvements recommended by the original TIA. Any TIA
amendments must be acceptable to the city. Any proposed revision to
an approved preliminary plan shall require an update to the TIA.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
Street layout.
(1)
The subdivider shall provide adequate
streets for the proposed subdivision that must be in conformance with
the adopted city thoroughfare plan. The arrangement, character, extent,
width, grade, and location of each street shall be considered in its
relation to existing and planned streets, topographical conditions
and public safety and convenience. Each street shall also be considered
in its appropriate relationship to the proposed uses of land to be
served by such street.
(2)
The subdivider shall provide additional
subdivision access to and from public streets as deemed necessary
by the city for reasons of health and public safety.
(b)
Relation to adjoining street
system.
(1)
The city shall require the developer
to dedicate additional right-of-way as determined by the city and
the county and to construct or improve that portion of existing streets,
including all underground utilities, bordering, abutting, or within
a proposed subdivision.
(2)
Where necessary to the neighborhood
pattern, existing streets in adjoining areas shall be continued and
shall be constructed in accordance with the dimensional requirements
and construction standards of this chapter.
(3)
The city may require the developer
to construct or improve portions of existing streets which do not
border or abut a proposed subdivision but are clearly affected by
it based on the findings of an applicable traffic impact analysis.
(c)
Projection of streets.
(1)
Where adjoining areas are not subdivided,
the arrangement of streets in the subdivision shall make provision
for the proper projection of streets into such unsubdivided areas.
(2)
Where adjoining areas are subdivided,
the arrangement of streets in the subdivision shall make provision
for the proper projection of streets into such previously subdivided
areas.
(d)
Street intersections.
Street intersections shall be as nearly
at right angles as practicable, giving due regard to terrain and topography.
A minimum 10 foot by 10 foot visibility easement triangle shall be
provided at the intersection of all street rights-of-way.
(e)
Cul-de-sacs.
(1)
Dead-end streets shall be provided
with a cul-de-sac. Streets that are stubbed out for a future extension
shall provide a temporary turnaround as approved by the city.
(2)
In general, cul-de-sacs shall not
exceed 1,200 feet in length, and shall have a circular turnaround
based on the following standards:
(3)
If a cul-de-sac of greater than 1,200
feet is approved to be constructed in a single-family area due to
environmental and topographical constraints, the cul-de-sac shall
be classified and constructed as a residential collector and shall
have a paved circular turnaround of at least 120 feet in diameter
and a right-of-way of 150 feet in diameter. No cul-de-sac shall exceed
3,000 feet.
(f)
Eyebrows.
(1)
“Eyebrow” corners may
only be allowed on a looped local residential street.
(2)
The minimum centerline radius for
the eyebrow shall be 72 feet.
(3)
From the point of intersection of
the centerlines of the street sections leading into the turn, the
radius to the right-of-way shall be 55 feet and the radius to the
edge of pavement shall be 35 feet.
(4)
The return radius of the eyebrow
shall be 55 feet.
(5)
The interior angle of the eyebrow
shall be between 80 and 100 degrees.
(g)
Private streets.
(1)
All private streets shall conform
to the same standards as set out herein for public streets. Private
streets shall not be included to meet minimum lot sizes.
(2)
All private streets shall also be
considered as drainage and public utility easements. Public access
easements may be required by the city.
(3)
Speed limits for private streets
shall be set according to the American Association of State Highway
and Transportation Officials (AASHTO) standards.
(4)
Gated communities are not permitted.
(h)
Public streets.
(1)
Guidelines for geometric design shall
follow the current American Association of State Highway and Transportation
Officials (AASHTO) “Geometric Design of Highways and Streets”
unless otherwise specified by the city engineer.
(2)
Reinforced concrete curb and gutter
is required on all newly constructed streets along lines and grades
approved by the city.
(3)
Unless otherwise specified by the
city or the emergency services district, the maximum allowable grade
for a local street shall be 15% and the maximum allowable grade for
collector streets shall be 10%.
(4)
The city reserves the right to require
additional right-of-way, pavement width, median width, turn lanes
and/or sidewalks beyond those listed within this chapter. Streets
shall be classified and have pavement widths and rights-of-way as
follows:
(A)
State highway.
For the purposes of the city, a state
highway shall be defined as those highways that have been and may
in the future be so designated by the Texas Department of Transportation.
This classification of street carries most of the trips entering and
leaving the urban area, as well as most of the through movements bypassing
the city.
(i)
The minimum right-of-way
and paving section shall meet the requirements of the Texas Department
of Transportation, unless otherwise specified by the city.
(B)
Regional arterial.
For the purposes of the city, a regional
arterial shall be defined as those high volume streets providing a
link to different local urban areas. This classification of street
is typically owned and maintained by the Texas Department of Transportation.
(i)
The minimum right-of-way
and paving section shall meet the requirements of the Texas Department
of Transportation, unless otherwise specified by the city.
(C)
Collector.
A collector shall be defined as a
street that provides primary access between local streets, other collectors
and/or commercial developments. On-street parking is not permitted.
Single-family residential driveway connections are not permitted.
(i)
Collector, 2-Lane
Undivided (C2U).
A minimum
right-of-way width of 60 feet with two (2) lanes of pavement totaling
a minimum width of 30 feet face-to-face of a standard 6-inch curb
and 1-1/2-foot gutter.
(ii)
Collector, 2-Lane
Divided (C2D).
A minimum right-of-way
width of 80 feet with two (2) lanes of pavement and a minimum 16-foot
median (one lane on each side of the median). Each side shall have
a minimum pavement width of 15 feet face-to-face of a standard 6-inch
curb and 1-1/2-foot gutter.
(iii)
Collector, 4-Lane
Divided (C4D).
A minimum right-of-way
width of 100 feet with four (4) lanes of pavement and a minimum 16-foot
median (two lanes on each side of the median). Each side shall have
a minimum pavement width of 24 feet face-to-face of a standard 6-inch
curb and 1-1/2-foot gutter.
(D)
Local.
A local street shall be defined as a low-volume,
low-speed street that provides residential access to a collector without
being continuous through several districts. It requires a minimum
right-of-way width of 50 feet with two (2) lanes of pavement totaling
a minimum width of 27 feet face-to-face of a standard 6-inch curb
and 1-1/2-foot gutter.
(i)
Street names.
(1)
Names of new streets must be acceptable
to the city and shall not duplicate or cause confusion with the names
of existing streets, unless the new streets are a continuation of
or in alignment with existing streets, in which case names of existing
streets shall be used.
(2)
All proposed street names shall be
approved by Austin 911 addressing prior to city approval.
(3)
Streets in the city shall not be
named after individuals.
(j)
Street signs.
Street signs, traffic-control signs, and
pavement markings shall be furnished and installed at the subdivider’s
expense within and/or abutting the subdivision. Such signs shall be
of a type approved by the city and shall be installed in accordance
with the standards of the city and the current Manual on Uniform Traffic
Control Devices (MUTCD).
(k)
Local street construction standards.
All dedicated streets within a new
subdivision shall consist of a base with an asphalt surface or reinforced
concrete pavement. Streets shall be constructed in accordance with
the City of Austin’s standard specifications and details unless
otherwise specified by this chapter or by the city engineer.
(1)
Alternative surfaces.
Alternative street pavement strips at intersections
(crosswalks) and selected utility facility locations may be submitted
for consideration to the city. Alternative pavement strips may consist
of hand-laid paving blocks specifically designed for moderate-to high-speed
traffic loadings and shall be segregated from adjoining pavement surfaces
through the installation of a reinforced concrete ribbon.
(l)
Collector street construction
standards.
Design standards
for collector streets shall be in accordance with the minimum requirements
as shown in a pavement design and geotechnical report, based on borings
taken along the streets and approved by the city. The geotechnical
report shall be prepared by a licensed professional engineer registered
in the state utilizing the street classifications in this chapter.
(m)
Sidewalks.
(1)
Sidewalks six (6) feet wide shall
be installed along both sides of all collectors.
(2)
In order to facilitate pedestrian
access from the streets to schools, parks, playgrounds, open space
corridors or other nearby streets, the city may require that sidewalks
a minimum of four (4) feet wide be installed along one or both sides
of all local streets.
(3)
Sidewalks shall not immediately abut
streets and shall be separated from the street surfaces by a minimum
of four (4) feet unless otherwise approved by the city engineer.
(n)
Recreational lanes.
Recreational lanes may be required for
particular subdivisions. The addition of recreational lanes to a subdivision
may increase the amount of right-of-way required on certain streets
in order to accommodate the lanes.
(Ordinance 2021-03-01-03 adopted 3/1/21)
(a)
Approval required.
Approval must be obtained for all driveway
entrance installations. Application is made and approval is obtained
through the building and development services department.
(b)
Grades.
(1)
General.
(A)
Driveways shall be designed
with the lowest grade possible, necessitating, in some cases, switchback-type
designs.
(B)
In the construction
of an access driveway or parking apron, an allowance shall be made
for a street shoulder width of at least four (4) feet as a continuation
of the street crown contour. For up-slope driveways where this is
not practical, drainage grates shall be installed across the width
of the driveway and/or parking apron, preferably over the centerline
of the culvert. These grates must be of sufficient size to collect
and drain water runoff into the drainage ditch along such properties.
(2)
The maximum driveway grade for the
portion of driveways constructed on public rights-of-way shall not
exceed ten (10) percent.
(c)
Sight distance considerations.
A minimum ten (10) foot by ten (10)
foot visibility easement shall be provided at the driveway intersection
of all street rights-of-way (measured from the right-of-way to the
edge of driveway). If sight distance problems are anticipated at the
location of the proposed driveways, only one (1) driveway shall be
permitted at a site to be determined by the city engineer, the city
building commission or the code official that provides the safest
access to the public right-of-way. Where alternate access is possible,
access at hazardous locations may be prohibited.
(d)
Construction standards.
The portion of driveways within public
right-of-way shall be constructed using reinforced Portland concrete
pavement a minimum of six (6) inches thick, containing a minimum of
five (5) sacks of cement per cubic yard and shall attain a minimum
compressive strength of 3,500 pounds per square inch in 28 days.
(e)
Standards for driveways off uncurbed
streets.
(1)
Storm drainage standards.
Driveway installations requiring
conveyance for storm drainage along roadside ditches shall be designed
so as to provide adequate passage of the 100-year local storm. Drainage
ditches and culvert pipes shall be kept clean and in proper working
order by the property owner.
(2)
Culvert pipes.
Culverts within public right-of-way shall
be a minimum of 18 inches in diameter and be made of reinforced concrete.
Sloped-end treatments or headwalls are required at each end of the
culvert. The back of the sloped-end treatment or headwall shall be
a minimum of 5 feet from the edge of the driveway.
(3)
Dip-type driveway installations.
Dip-type driveways may be permitted
by the city engineer provided that they are properly designed and
installed to bypass the 100-year storm without encroaching into adjacent
paved surfaces or negatively impacting upstream or downstream properties.
(f)
Residential driveways.
(1)
Location.
No residential curb cut shall be constructed within
150 feet of the right-of-way of a signalized intersection or within
20 feet of the right-of-way of any other intersection. A minimum tangent
length of 10 feet must be provided between a driveway curb radius
and a curb inlet radius.
(2)
Width.
Driveway pavement width within the public right-of-way
for single-family residences shall be a minimum of twelve (12) feet
and a maximum of 30 feet.
(3)
Curb return radii.
Driveway pavement radii shall be a minimum
of five (5) feet.
(4)
Number of driveways.
Only one (1) driveway is permitted per
residence. Circular driveways with two (2) points of access must have
the approval of the code official.
(5)
Common drives.
(A)
Common driveways are
encouraged and may be approved provided a permanent access easement
has been granted to each property owner to use the portion of driveway
on the other lot.
(B)
Common driveways shall
be a minimum width of twenty-four (24) feet and a maximum width of
thirty (30) feet.
(C)
Common drives serving
three or more residences shall provide a turnaround for fire apparatus
acceptable to the appropriate emergency services district.
(g)
Nonresidential and multifamily
driveways.
(1)
Location.
(A)
No driveway shall be
constructed within 150 feet of the right-of-way of a signalized intersection.
A minimum tangent length of 10 feet must be provided between a driveway
curb radius and a curb inlet radius.
(B)
A minimum spacing between
driveways of 140 feet is required. A minimum spacing of 200 feet is
required on RR 620 unless approved otherwise by the Texas Department
of Transportation (TxDOT).
(C)
A minimum of 70 feet
from driveway edge to side of property measured at the front line
is required unless a joint use drive will be utilized through a joint
use access easement.
(D)
Nonresidential and multifamily
driveways are not permitted to access local residential streets.
(E)
All proposed driveways
directly accessing RR 620 shall be reviewed by TxDOT and must have
a TxDOT permit before plan approval. All proposed driveways directly
accessing a county road shall be reviewed by the county and must have
a county permit before receiving plan approval.
(F)
The city may require
a lot to provide two (2) points of access.
(4)
Throat lengths.
(5)
Common drives.
(A)
Common or joint use
driveways are encouraged and may be required by the city. A permanent
access easement shall be granted to each property owner to use the
portion of the driveway on the other lot.
(B)
For those properties
with less than 200 feet of adjacent right-of-way to RR 620, a common
driveway shall be constructed along the common property lines of two
lots.
(6)
Number of driveways.
For driveway access to any public or private
road or street, a maximum of two (2) driveways shall be permitted.
(7)
Alignment.
Driveways shall either line up with or be offset from
opposing driveways 80 feet from driveway edge to driveway edge. Driveways
accessing a street with a median or continuous center turning lane
have no off-set requirements.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
Grades.
Maximum grade shall not exceed fifteen (15) percent
inside the property line.
(b)
Construction standards.
(1)
Nonresidential drive aisles inside
the property line shall be constructed of a compacted flexible base
with either a hot-mix asphalt or reinforced concrete surface. Alternative
decorative pavement may be submitted to the city for consideration.
Alternative decorative pavement may consist of stamped and/or stained
concrete or hand-laid paving blocks specifically designed for moderate-to
high-speed traffic loadings and shall be segregated from adjoining
pavement surfaces through the installation of a reinforced concrete
ribbon.
(2)
Condominium and multifamily drive
aisles shall be reinforced Portland concrete, unless otherwise approved
by the zoning and planning commission. Alternative decorative surfaces,
as described above, may be permitted by the code official.
(c)
Width.
(1)
Two-way driveway pavement width inside
the property line shall be a minimum of 26 feet.
(2)
One-way driveway pavement width shall
be a minimum of fifteen (15) feet unless the drive is designated as
a fire access lane requiring a greater width as determined by the
appropriate emergency services district.
(d)
Connecting drive aisles.
Connecting drive aisles between adjacent
properties are encouraged and in some cases may be required by the
city as a condition of approval.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
Construction standards.
Nonresidential and multifamily parking
areas shall be constructed of a compacted flexible base with either
a hot-mix asphalt or reinforced concrete surface. Alternative decorative
pavement may be submitted to the city for consideration. Alternative
decorative pavement may consist of stamped and/or stained concrete
or hand-laid paving blocks specifically designed for moderate- to
high-speed traffic loadings and shall be segregated from adjoining
pavement surfaces through the installation of a reinforced concrete
ribbon.
(b)
General requirements.
(1)
Required parking spaces may not be
located within the street right-of-way unless approved by the code
official.
(2)
Mailbox kiosks shall be provided
with one (1) parking space per 25 living units with a minimum of one
(1) space provided.
(3)
All parking areas, fire lanes and
loading zones shall be delineated with permanent pavement markings
unless otherwise approved by the city.
(4)
Required parking spaces may not be
designated for a particular person or use (other than accessible and
loading spaces).
(5)
Every building, use or structure
instituted, erected, enlarged, altered or renovated after the effective
date of this chapter shall be provided with off-street parking and
fire access facilities in accordance with the provisions of this section
for the use of occupants, employees, visitors and patrons. Such off-street
parking facilities shall be maintained and continued as a required
accessory use as long as the main use is continued.
(6)
It shall be unlawful for any person
to utilize such building, use or structure without providing such
off-street parking and fire access facilities. It shall be unlawful
for any owner or operator of such building, use or structure affected
by this chapter to discontinue, change or dispense with, or to cause
the discontinuance or reduction of, the required parking and fire
access facilities apart from the discontinuance of such building,
use or structure, without establishing alternative off-street parking
and fire access facilities which meet the requirements of this chapter.
(7)
In the event of the reduction of
building, use or structure, the off-street parking and fire access
facilities may be reduced proportionately.
(8)
All off-street parking areas, including
ingress and egress to said parking areas, shall be reviewed by the
code official and the city engineer for compliance with this and other
pertinent ordinances prior to the issuance of a construction permit.
(9)
Parking requirements are based on
the gross square footage of the exterior walls of the structure including
decks, patios, closets, stairwells and other areas as determined by
the code official.
(c)
Off-street parking requirements.
(1)
Single-family residential: 2 covered
spaces and 2 uncovered spaces per each dwelling unit.
(2)
Multifamily residential:
(3)
Commercial: Every building, use or
structure instituted, erected, or enlarged after the effective date
of this chapter shall be provided with off-street parking and fire
facilities in accordance with the provisions of this section for the
use of occupants, employees, visitors, and patrons. Such off-street
parking facilities shall be maintained and continued as a required
accessory use as long as the main use is continued. Parking shall
be on approved hard surfaces only.
It shall be unlawful for any person
to utilize such building, use or structure without providing such
off-street and fire access facilities. It shall be unlawful for any
owner or operator of such building, use or structure affected by this
chapter to discontinue, change, or dispense with, or to cause the
discontinuance or reduction of, the required parking and fire access
facilities apart from the discontinuance of such building, use or
structure, without establishing alternative off-street parking and
fire access facilities which meet the requirements of this chapter.
(A)
Office/retail district:
For all uses not listed below, provide 1 space per 200 ft2 of gross floor area unless otherwise directed by
the city.
(i)
Assisted living facilities:
1 space per 250 ft2 of gross floor area.
(ii)
Auto/truck washing:
1 space per 200 ft2 of gross floor area
for office space, plus 3 spaces per bay.
(iii)
Banks and financial
establishments: 1 space per 300 ft2 of
gross floor area.
(iv)
Bowling alleys: 4 spaces
per lane.
(v)
Convalescent/nursing
homes: 1 space per 3 beds with a min. of 5 spaces.
(vi)
Drive-through facilities:
Provide stacking lanes to accommodate 3 cars per service lane unless
otherwise listed below:
a.
Banks and financial establishments:
Stacking lanes to accommodate 5 cars per service lane.
b.
Restaurants: Stacking
lanes to accommodate 10 cars per service lane.
|
For all drive-through facilities,
a minimum of 50% of the queue space shall be provided behind any speaker
box, unless otherwise approved by the city.
|
(vii)
Funeral homes and
mortuaries: One space per 250 ft2 of gross
floor area.
(viii)
Furniture and appliance
sales: 1 space per 500 ft2 of gross floor
area.
(ix)
Multiuse commercial
center with no more than 25% of gross floor area for restaurant use:
1 space per 200 ft2 of gross floor area.
(x)
Multiuse commercial
center with no more than 50% of gross floor area for restaurant use:
1 space per 125 ft2 of gross floor area.
(Multiuse commercial centers with greater than 50% of gross floor
area for restaurant use must park the restaurants individually per
the requirements listed below.)
(xi)
Restaurants: 1 space
per 75 ft2 of gross floor area.
(xii)
Veterinary clinics:
1 space per 300 ft2 of gross floor area.
(B)
Commercial/light industrial
and pawn shop districts: For all uses not listed below, provide 1
space per 500 ft2 of gross floor area unless
otherwise directed by the city.
(i)
Animal boarding and
animal control facilities: Minimum 5 spaces, with additional spaces
to be determined by the code official.
(ii)
Auto/truck repair and
service: 1 space per 250 ft2 of gross floor
area.
(iii)
Landscape nurseries:
1 space per 300 ft2 of gross floor area,
plus 1 space per 1,000 ft2 of outdoor display
or storage area.
(C)
Hotel/motel district:
1-1/4 spaces per room, plus 1 space per 200 ft2 of gross floor area for restaurant space and/or banquet hall facilities.
(D)
Marina district: 1 space
per 2 wet slips and 1 space per 3 dry slips.
(E)
GUI district:
(i)
Auditoriums, arenas,
church worship spaces, and other public assembly: 1 space per 4 seats
based on maximum seating capacity.
(ii)
Church nonworship space
and accessory buildings, and private clubs or lodges: 1 space per
300 sq. ft. of gross floor area or 1 space per 4 seats, whichever
is greater.
(F)
Recreational district:
Driving range: 1 space per tee.
(G)
Public and private parks
and greenbelt districts: Parking requirements to be determined by
the code official.
(d)
Interpreting requirements based
on use.
(1)
Where benches are used in lieu of
divided or individual seats, each 22 linear inches shall constitute
one (1) seat. Each fifteen (15) square feet of floor area shall constitute
one (1) seat when seating arrangements are indeterminate.
(2)
The requirements for off-street parking
for any uses that are not specifically mentioned in this section shall
be the same as provided in this section for the use most similar to
the one sought, it being the intent to require all uses to provide
off-street parking facilities. Such determination shall be made by
the code official.
(3)
When units or measurements determining
number of required off-street parking spaces result in requirement
of a fractional space, any such fraction equal to or greater than
one-half shall require a full space, and any fraction less than one-half
shall be dropped.
(4)
The allowance of shared parking between
adjacent lots or joint uses shall be at the discretion of the code
official.
(5)
Irrespective of any other requirement
of this chapter, each and every separate and individual store, office
or other business shall be provided with at least two (2) off-street
parking spaces.
(6)
In the event of practical difficulties
in establishing the off-street facilities on the same parcel of land,
another lot or parcel of land with a nonresidential land use designation
may be used to meet the minimum parking requirements if owned by the
same owner and legally encumbered to the land. The lot or parcel must
be within straight-line distance between the two (2) parcels and shall
not exceed a distance of 200 feet unless otherwise approved by the
code official.
(e)
Accessible spaces/Texas Accessibility
Standards (TAS).
(1)
Unless otherwise required by TAS,
accessible spaces shall be a minimum of nine (9) feet wide by eighteen
and one-half (18.5) feet in depth.
(2)
An accessible space shall have a
five (5) foot walkway beside it, unless it is designated as a van
accessible space, in which case it shall have an eight (8) foot walkway
beside it.
(3)
Accessible spaces do not count towards
parking total requirements based on use as specified in this chapter.
(4)
The number of required accessible
spaces shall be determined by the following table:
|
Total Parking Spaces in Lot
|
Min. Number of Accessible Spaces
|
|---|---|
|
1 to 25
|
1
|
|
26 to 50
|
2
|
|
51 to 75
|
3
|
|
76 to 100
|
4
|
|
101 to 150
|
5
|
|
151 to 200
|
6
|
|
201 to 300
|
7
|
|
301 to 400
|
8
|
|
401 to 500
|
9
|
|
501 to 1,000
|
Two percent of total
|
|
1,001 and over
|
20 plus one for each 100 over 1,000
|
(5)
One (1) in every eight (8) accessible
spaces shall be designated as a van accessible space. Each parking
area shall have at least one (1) van accessible space.
(6)
All other applicable TAS requirements
shall be met.
(f)
Off-street loading spaces.
(1)
Every building, use or structure
instituted, erected, enlarged, altered or renovated after the effective
date of this chapter shall be provided with off-street loading spaces
in accordance with the provisions of this section for the purposes
of loading and unloading of materials, goods or merchandise and for
delivery and shipping in order that vehicles for these services may
use this space without encroaching on or interfering with the public
use of streets, driveways, drive aisles, stacking lanes or sidewalks.
(2)
Such off-street loading spaces shall
be an area at grade level and on the same lot or parcel of land as
the building, use or structure that requires them and shall not be
less than twelve (12) feet wide, 35-feet long, and fifteen (15) feet
high. If off-street loading spaces are in a parallel alignment, additional
length may be required by the code official and/or city engineer to
ensure accessibility.
(3)
Off-street loading spaces shall not
be used to meet the requirements of off-street parking facilities
nor shall the off-street parking facilities be used to meet the requirements
of the off-street loading facilities.
(4)
For each nonresidential use, the
number of loading spaces required shall be determined by the following
table:
|
Gross Floor Area (ft2)
|
Min. Number of Loading Spaces
|
|---|---|
|
5,001 to 25,000
|
1
|
|
25,001 to 50,000
|
2
|
|
50,001 to 100,000
|
3
|
|
More than 100,000
|
3 plus 1 per each additional 100,000
ft2
|
(h)
Parking lot layout.
(1)
Off-street parking dimensions shall
be as follows:
|
Type of Parking
|
Angle of Parking
|
Width
|
Depth
|
Maneuvering Aisle
|
|---|---|---|---|---|
|
Standard
|
45
|
9'
|
20'
|
26'
|
|
Standard
|
60
|
9'
|
20'
|
20' (one way)
|
|
Standard
|
90
|
9'
|
18.5'
|
26'
|
|
Standard
|
Parallel
|
10'
|
22'
|
26'
|
|
Accessible
|
90
|
9'
|
18.5'
|
26'
|
|
Loading
|
90
|
12'
|
35'
|
26'
|
|
Compact
|
90
|
8'
|
18.5'
|
26'
|
(2)
Parking lots shall have a minimum
fifteen (15) foot radius on all interior corners.
(3)
Parking rows shall not exceed twelve
(12) parking spaces in a row without being interrupted by a landscape
island.
(4)
Connecting drive aisles and/or sidewalks
between adjacent properties are encouraged and in some cases may be
required by the city as a condition of approval.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
Where required by the code official
or city engineer, street lighting installed on public and private
street rights-of-way and for parking lots and other public spaces
on nonresidential and multifamily sites shall meet standards for dark
sky friendly lighting.
(b)
The dimension from finished grade
or edge of pavement on roadways to the bottom of the light fixture
shall be a minimum of 15 feet and a maximum of 22 feet.
(c)
All light fixtures shall be dark
sky friendly. Exceptions may be approved by the code official upon
review and determination that they will not be a light nuisance.
(d)
Lighting shall not project across
the property line or into adjacent roadways (light trespass), shall
project down at least 10 degrees from horizontal, and shall not cause
reduced visibility or visual discomfort to a person of ordinary sensibilities
(glare). The overall distribution of lighting for a site shall be
designed to promote the even distribution of light while minimizing
sharp contrasts between lit areas and the darker surroundings. Exceptions
may be approved by the code official upon review and determination
that they will not be a light nuisance.
(e)
Lighting for public or private roadways
shall light every corner of the roadway intersection.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11; Ordinance 2023-09-05-02 adopted 9/5/2023)
(a)
General.
(1)
Unless otherwise permitted by the
city, all drainage engineering shall comply with the City of Austin
Drainage Criteria Manual, as amended.
(2)
All drainage designs shall convey
the 100-year storm.
(3)
The developer shall be responsible
for the conveyance of all storm drainage flowing through or abutting
the subject property, including drainage directed to the property
by prior development, as well as that naturally flowing by reason
of topography.
(4)
Surface water shall not be permitted
to drain laterally across a property line unless the city engineer
deems it appropriate. All drainage shall be directed to dedicated
drainage easements. Drainage from a residential lot shall be directed
to within 5 feet of a property corner before it crosses the property
line to the downstream lot.
(5)
Where new drainage improvements are
required along the boundary of a site, the owner proposing development
shall be responsible for designing and constructing all the required
improvements at or before the time of development, including the dedication
of all necessary rights-of-way or easements necessary to accommodate
the improvements.
(6)
Where the developer proposes to develop
only a portion of the property, only the drainage improvements for
the portion being developed shall be required to be installed, except
as drainage improvements outside the portion being developed are deemed
necessary by the city for proper drainage of the portion being developed.
(7)
All portions of a site that are redeveloped, as defined in section 22.02.001, are subject to providing stormwater detention and water quality facilities for the redeveloped areas.
(8)
The responsibility of the developer
shall extend to the provision of adequate on-site drainage facilities
and improvements to accommodate the full effects of the development
of said property.
(9)
Drainage facilities located in the
street rights-of-way adjacent to unimproved properties shall be maintained
by the appropriate jurisdiction. All drainage facilities located on
private property or in the street right-of-way and adjacent to improved
private property shall be maintained by the property owner.
(10)
City staff and other authorized agents of the city shall only enter on the land or premises where property owners are required to maintain water quality facilities, drainage facilities, or detention facilities for the purpose of inspection of the maintenance required if the city is party to an easement permitting entry for inspection purposes. Absent an easement permitting entry for inspection purposes, city staff or other authorized agents of the city shall comply with section 1.01.010 and shall only enter private property at reasonable times:
(11)
Where noncompliance is found, the
city shall request in writing that the property owner comply. This
notice shall describe the measures required to be taken. If, within
30 days of the notice, the maintenance required is not accomplished,
the city may either:
(b)
Drainage easements.
(1)
Easements or rights-of-way shall
include all drainage at least to the limits of the 100-year flood
as indicated on the National Flood Insurance Program’s flood
insurance rate maps or as determined on the basis of the City of Austin’s
Drainage Criteria Manual.
(2)
Drainage easements shall be a minimum
of 25-feet wide when an open channel is used for conveyance and a
minimum of 15 feet when storm sewer piping is used.
(3)
All drainage easements across private
property shall contain the necessary language to permit the required
unobstructed water flow, require maintenance of vegetation by the
property owner(s), and permit the necessary access by city officials
for inspection.
(4)
All easements, one-hundred-year floodplain
boundaries, and buffer zones shall be clearly shown on drainage plans
and the site plan.
(5)
Public utility easements along interior
residential lot lines of platted lots may also be considered drainage
easements for the purposes of directing drainage through residential
lots.
(6)
In order to allow the unobstructed
flow of stormwater, drainage easements shall remain free of any plantings,
other than grass, unless authorized by the city engineer.
(c)
New street drainage.
All new streets shall be constructed in
such a manner as to provide for proper drainage.
(d)
Existing street drainage improvements.
The city may require a developer
to repair or upgrade the street-side drainage system on existing streets
in the area of the subdivision.
(e)
Storm drainage channels.
(1)
As a general rule, drainage carried
in roadside channels shall be minimized and off-street locations shall
be used as the primary drainage network whenever practicable.
(2)
Surface drainage channels shall be
designed to reduce velocity, minimize potential erosion and to maximize
the bottom width to flow depth ratio, in accordance with the following
criteria:
(A)
Channel cross sections
shall be trapezoidal in configuration.
(B)
Side slopes of channels
shall be no steeper than three (3) horizontal to one (1) vertical
except for curves and transitions where slope stabilization acceptable
to the city engineer may be allowed.
(C)
All constructed and
altered drainage channels shall be stabilized and vegetated immediately
after final grading and have synthetic erosion control matting for
channels installed.
(D)
Freeboard shall be three
(3) inches above the 100-year floodplain.
(f)
Drainage facilities.
(1)
Unless otherwise specified herein,
the design of all storm drainage facilities shall be in accordance
with the minimum provisions of the City of Austin’s Drainage
Criteria Manual, as amended.
(2)
Computation of runoff shall be based
on a fully developed drainage area. The drainage system shall be designed
to convey the theoretical 100-year storm as predicted in the City
of Austin Drainage Criteria Manual.
(3)
Natural drainage channels shall be
preserved whenever possible. Drainage into or across sinkholes, faults
and other areas of rapid groundwater recharge shall be avoided whenever
practicable.
(g)
Stormwater detention.
(1)
The rate and duration of runoff after
construction shall not exceed the site’s run-off rate prior
to construction. Rate of runoff shall be attenuated for the 2-, 10-,
25-, and 100-year storms’ peak flows using the City of Austin’s
Drainage Criteria Manual, as amended.
(2)
Except as provided below, all development within the city limits and extraterritorial jurisdiction shall provide stormwater detention. Developers undertaking construction of improvements which will result in impervious cover of less than 15 percent of the net site area, as calculated according to section 28.10.010 of this chapter, are not required to provide detention ponds provided the rate of runoff is not increased.
(3)
Exposed concrete of ponds facing
adjacent roadways and neighboring properties shall be veneered with
rock, brick or other material acceptable to the city.
(4)
Detention facilities and their related
appurtenances shall be maintained by the property owner or homeowners’
association. Detailed inspection reports, available in BDS, are required
to be submitted to the city at least twice annually. At least one
of these inspections shall be during or immediately following a rain
event. Detailed inspections shall be performed by an engineer or other
stormwater treatment professional. Any deficiencies identified during
an inspection shall be repaired within 30 days.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11; Ordinance 2019-02-19-08 adopted 2/19/19)
(a)
General.
(1)
The developer shall install water
quality controls for all development to capture the first stormwater
flush and to filter sediment and pollutants.
(2)
Water quality controls shall be situated
and constructed to capture runoff from the entire contributing area
including captured off-site runoff unless bypassed or diverted.
(3)
All portions of a site that are redeveloped, as defined in section 22.02.001, are subject to providing water quality facilities for the redeveloped areas and contributing areas.
(4)
Water quality basins must be rough
cut prior to rough grading a site. The ponds must be functional and
intercept site runoff and function as temporary sediment basins throughout
construction.
(5)
The maintenance of all water quality
facilities shall be to the standards and specifications contained
within chapter 5 of the LCRA Technical Manual.
(6)
Water quality facilities and their
related appurtenances shall be maintained by the property owner or
homeowners’ association. Maintenance of all water quality facilities
shall be to the standards and specifications contained within chapter
5 of the LCRA Technical Manual. Detailed inspection reports, available
in BDS, are required to be submitted to the city at least twice annually.
At least one of these inspections shall be during or immediately following
a rain event. Detailed inspections shall be performed by an engineer
or other stormwater treatment professional. Any deficiencies identified
during an inspection shall be repaired within 30 days.
(b)
Design criteria.
(1)
The design of all water quality management controls shall adhere to chapter 2.3 (except table 2-4, “Impervious Cover Assumptions for Residential Tracts”) and chapter 4 of the LCRA Technical Manual, effective February 1, 2006 and as amended. Net site area, calculated per section 28.10.010 of this chapter, shall be used in lieu of gross site area.
(2)
Stormwater credits, as listed within
chapter 2.3.2 and chapter 4.3 of the LCRA Technical Manual, are not
applicable within the city jurisdictional boundaries.
(3)
Unless otherwise approved by the
code official and city engineer, the outlet end of the water quality
facility shall be directed into a detention pond, drainage easement
or watercourse. In no case shall drainage from a water quality facility
be allowed to have an adverse impact on adjacent properties.
(4)
Any structural stabilization shall
be limited to the use of native stone (except for outlet structure)
and shall be seamlessly integrated with the landscape.
(5)
Water quality ponds and structures shall be screened according to section 28.09.017(h) of this chapter.
(6)
Water quality ponds and structures
shall be designed and constructed to be consistent with the city’s
comprehensive plan and other adopted plans.
(7)
For all developments and redevelopments
with drainage area(s) larger than 20 acres, wet ponds including a
fountain shall be required.
(8)
Multi-use detention and water quality
ponds such as a dry pond that is designed with public access to open
space or sports fields may be approved by city council.
(Ordinance 2019-12-16-01 adopted 12/16/19)
(a)
General.
(1)
All subdivisions and new development
shall be provided with underground utility services.
(2)
Where possible, all utility lines
that pass under a street shall be installed before the street is paved.
When it is necessary that utility lines pass under the street pavement,
they shall be installed underground to a point at least two (2) feet
from the edge of the right-of-way.
(3)
The city shall require the developer
to construct or improve the utility service lines bordering, abutting,
or within a proposed development including related off-site improvements,
if such service is to be used for the subdivision or site development.
(4)
All proposed utility work shall have
the approval of the city prior to any work beginning. A site development
permit, subdivision improvement permit, utility development permit
or utility maintenance permit shall be required.
(A)
All utility crossings
of streets shall be bored. No pavement cuts shall be permitted in
city streets, unless special permission has been granted by the code
official due to special circumstances.
(B)
Utility lines crossing
driveways (residential or commercial) shall be bored unless otherwise
approved by the property owner and by the city.
(b)
Water main installations.
Water mains shall be installed in
accordance with the current ordinances and regulations adopted by
the applicable water service provider, the applicable emergency services
district, and the city.
(c)
Wastewater facilities.
(1)
All subdivisions shall be provided
with a city-approved sewage disposal system.
(2)
Provisions for perpetual maintenance
of such systems shall be required.
(3)
Private sewage facilities.
(4)
Organized sewage disposal systems.
Where an organized sewage disposal
system is to be installed, the plans for such system must be approved
by the city engineer and the service provider, and as required by
the Texas Department of State Health Services and/or the Texas Commission
on Environmental Quality, as applicable, prior to acceptance of the
plat by the city. Said organized sewage disposal system shall meet
current TCEQ criteria.
(e)
Utility equipment screening.
Nonresidential electric transformers,
air-conditioning/ mechanical units, propane tanks and any other related
equipment must be adequately screened from streets, driveways and
adjacent properties by a suitable screening wall, fence, or other
such screening approved by the city.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
Notwithstanding or affecting previously
dedicated easements, new public utility easements (P.U.E.) shall be
dedicated on all new or amended lots parallel to all property lines,
as follows:
(b)
Detention and water quality facilities
are not permitted in public utility easements.
(c)
Parking lots are allowed in public
utility easements.
(d)
Signs complying with the city’s
sign ordinance are allowed in public utility easements as long as
all utility lines have been located in the easement and the location
of the sign will not interfere with the maintenance of any of these
lines. Signs in the public utility easement may have to be removed
at the owner’s expense if necessary for utility maintenance.
(e)
Public utility easements along interior
residential lot lines of platted lots shall also be considered drainage
easements.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
All site development and subdivision
improvement plans shall include a slope map depicting slopes of 0–15%,
15–25%, 25–35%, and over 35%. Slopes may be calculated
based on contour intervals not to exceed two (2) two (2) feet. [sic]
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
Subdivision and site development
standards.
(1)
Cut and fill shall be limited to
a maximum of six (6) feet.
(2)
Any cut and fill in excess of six
(6) feet up to a maximum of sixteen (16) feet may be administratively
approved by the city engineer after review by city staff, where the
applicant has demonstrated that a waiver is justified. At a minimum,
staff review of waiver requests for cut and fill shall include the
following:
(A)
Analysis of site-specific
constraints;
(B)
Analysis of potential
environmental impact;
(C)
Analysis of alternatives
such as roadway or building locations, split finished floor elevations,
multilevel parking areas, etc.; and
(D)
Consideration of the
request on adjoining and nearby property owners;
(b)
Detention and water quality ponds.
There are no cut or fill limitations
for the construction of water quality basins and stormwater detention
ponds.
(c)
Spoils disposal.
(1)
No fill shall be placed on any lot
prior to the issuance of a site development or subdivision improvement
permit.
(2)
Temporary spoils on sites identified
on construction drawings and approved by the city shall be removed
prior to the issuance of a certificate of acceptance for the associated
construction project and the disturbed area shall be revegetated.
(3)
Prior to removal of spoils from a
site, the developer shall notify the code official as to the destination
of the spoils.
(Ordinance 2022-04-04-04 adopted 4/4/22)
(a)
Slopes 2:1 and greater must be structurally
stabilized by means approved by the city.
(b)
Retaining walls over four (4) feet
in height shall be detailed in the site development plan and subdivision
improvement plan set. Deferred submittals for retaining walls over
four (4) feet are not allowed.
(c)
Exposed concrete of retaining walls
facing adjacent roadways and neighboring properties shall be veneered
with rock, brick or other material acceptable to the city.
(d)
Terraced or stair-stepped retaining
walls shall have a minimum horizontal separation of ten (10) feet
between walls.
(e)
Retaining walls at a slope of 1:1
or steeper shall provide safety railing as stated in this chapter.
(f)
Retaining walls shall not exceed
one (1) foot above the material being retained.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
Safety railing shall be constructed
along a dropoff or overhang to prevent a person from falling off or
over the edge.
(b)
Exterior wood, rock, or concrete
walkways, driveways, retaining walls, pool aprons, or other accessible
areas which exceed 30 inches but less than six (6) feet above grade
shall have safety railings or plants substantial in size and density
to serve the same purpose. Continuing steps or walkways with slopes
exceeding fifteen (15) percent shall be provided with safety railing.
Safety railing installed within the floodplain must be metal and may
have to be removed during flooding situations. This type of safety
railing is a rail or obstruction with one horizontal member located
36 inches above grade. Safety railing shall not take the place of
required handrails or guardrails.
(c)
Exterior wood, rock, or concrete
walkways, driveways, retaining walls, pool aprons, or other accessible
areas which exceed six (6) feet above grade shall have safety railings
a minimum of 42 inches in height with vertical pickets spaced less
than four (4) inches, and meet all other code requirements.
(d)
Stormwater detention and water quality
ponds holding a water level of 23 inches or more shall be protected
with a fence for public safety. This fence shall be a minimum of 48
inches in height with vertical pickets spaced less than four (4) inches
apart and shall be constructed of solid wood, masonry, stone or wrought
iron. All fences shall have at least one gate for maintenance access
and shall be equipped to accommodate a locking device that will remain
locked at all times.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
All developments shall install erosion
and sedimentation controls to regulate silting and erosion and tree
protection around all trees within the limits of construction. Orange
construction fencing is required around the perimeter of the limits
of construction.
(b)
A general description of the erosion
and sedimentation control and tree protection plan shall be submitted
with the subdivision improvement or site development permit application.
(c)
Additional controls may be required
by the city as construction progresses.
(d)
The development shall comply with
the erosion and sedimentation control BMP’s listed in chapter
3 of the LCRA Technical Manual.
(e)
Sod or approved erosion control matting
shall be installed on all disturbed areas with a finished grade of
4:1 to 2:1. Slopes greater than 2:1 shall be structurally stabilized
unless otherwise approved by the city engineer.
(f)
All areas disturbed by construction
shall be revegetated.
(g)
Construction site dust/sediment shall
not cross property lines and shall be controlled at all times by means
acceptable to the city. It is the contractor’s continuous responsibility,
including nights, holidays and weekends, to control on-site dust until
acceptance of the project by the city.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
General.
(1)
These landscaping requirements are
intended to enhance the natural aesthetic beauty of the Lakeway area,
to ensure safe sight views along roadways, and to assist slope stabilization
and prevent erosion, rapid runoff and sedimentation.
(2)
Any nonresidential or multifamily site that has any portion of the site redeveloped, as defined in section 22.02.001, shall install landscaping as required by this section in the redeveloped areas.
(3)
Tree protection.
The purpose and intent of the
tree protection portion of this section is to protect Lakeway's
public and private trees and their associated ecosystem benefits,
encourage site and building designs that preserve and enhance the
existing natural environment, support a sustainable and resilient
tree canopy for future generations, and establish guidelines and best
management practices for tree planting and maintenance in Lakeway.
(4)
Authority.
The code official or their designee
is the final authority for the administration of this section unless
otherwise specified herein.
(5)
Applicability and exemptions.
Except as stated
herein, the requirements of this section shall apply to all land-disturbing
activities that require permit for existing and new development in
all zoning districts. Exemption shall not be granted to native trees,
or naturally growing trees that inhibit a view or vista. However,
in certain instances, trees classified as nuisance species may require
trimming or removal in accordance with the city's vista protection
ordinance. The requirements of this section shall not apply to the
following circumstances:
(A)
Existing single family residential properties.
Tree removal permits shall not be required for any tree located
on a private property containing a single-family residential home,
provided that:
(i)
The lot is not capable of further subdivision;
(ii)
Improvements to the property requiring the removal
of trees are not being made;
(iii)
The tree is not a heritage tree as defined in subsection 28.09.017(k)(3);
(iv)
The single-family dwelling is occupied or used
for residential purposes or capable of occupancy in compliance with
applicable law; and
(v)
The property owner acquired the title to said developed
property on or before December 19, 2022.
(B)
Dead tree.
A tree removal permit
shall not be required if the tree is dead. This exemption is subject
to approval by the code official, who may require a report and/or
approval by the city forester.
(C)
Unprotected tree.
A tree removal
permit shall not be required for trees identified in Sec. 28.09.020(b)(4)
as unprotected.
(D)
Public safety.
A tree removal permit
shall not be required if a tree endangers the public health, welfare
or safety, and immediate removal is required provided the tree is
not a heritage tree. This exemption is subject to approval by the
code official, who may require a report and/or approval by the City
Forester.
(E)
Utility service disruption.
A tree
removal permit shall not be required if a tree has disrupted a public
utility service due to a tornado, storm, flood or other act of God.
(F)
Aviation zoning.
A tree removal permit
shall not be required for the removal of trees on properties zoned
for aviation, to comply with the requirements mandated by federal
or state law or regulation.
(b)
Plan requirements.
(1)
A landscape plan and underground
irrigation plan shall be submitted with the application for a site
development permit. The plans must demonstrate compliance with the
landscape requirements contained herein.
(2)
Plans shall show all dimensions,
types of materials, width of buffer zones, screening, planting areas,
size and spacing of vegetative materials, and plans for providing
water to plants. The plans shall demonstrate that materials used will
abate objectionable noise, light, glare, visual clutter, dust, or
erosion and adequately accomplish the purpose for which they were
intended. The overall distribution of lighting for a site shall be
designed to promote the even distribution of light while minimizing
sharp contrasts between lit areas and the darker surroundings. Exceptions
may be approved by the code official upon review and determination
that they will not be a light nuisance.
(3)
No site plan shall be approved unless
it shows all improvements reasonably necessary to prevent erosion
from occurring after completion of development. No certificate of
acceptance shall be issued unless the improvements and landscaping
shown on the site plan have been installed, constructed or created
and comply with this chapter. Restoration shall be acceptable when
the grass has grown at least 1-1/2 inches high with 95% coverage,
provided no bare spots larger than 9 square feet exist.
(c)
Maintenance and irrigation.
(1)
The property owner shall be responsible
for maintenance of the landscaped areas, including the right-of-way
from the property line to the hard surface of the street.
(2)
Plants and grass shall present a
healthy, neat and orderly appearance and be free of debris, refuse
and disease. Deceased plantings shall be replaced no later than one
(1) month after dying and shall be replaced on an inch per inch basis.
(3)
The landscaping shall be irrigated
by an automatic underground irrigation system designed and certified
by a licensed irrigator in accordance with state law.
(d)
Site-specific regulations.
(1)
No structure shall be erected and
no vegetation exceeding thirty (30) inches in height shall be maintained
in the area of a corner lot between the side lines of the intersecting
streets and a straight line joining points on such side lines ten
(10) feet distance from their point of intersection. Planting of vegetation
which, when mature, shall obstruct visibility and endanger safe vehicular
and pedestrian traffic shall not be permitted.
(2)
No retaining walls, corner posts,
light supports, boulders or rocks larger than six (6) inches, pillars
or driveway markers, etc., shall be constructed or erected nearer
than eight (8) feet from the pavement edge. In no case shall any vertical
construction, including shrubs, rocks, driveway markers, etc. be permitted
within four (4) feet of the pavement edge (mailboxes not included).
(e)
Landscaping in public utility
easements.
Landscaping within
public utility easements is permitted. However, any plantings over
dedicated utility easements may have to be removed and/or replaced
at the property owner’s expense should such easements be required
by any authorized utility company or be required to provide adequate
drainage from areas of higher elevation. Trees shall not be planted
where the mature canopy of the tree will interfere with overhead utility
lines.
(f)
Landscaping in rights-of-way.
(1)
No person, firm or corporation shall
construct, erect or maintain any post, pillar, wall, fence or reflector,
or plant or maintain any hedge, tree, shrub, or other growth (except
grass and ground cover), or deposit any rocks, trash, dirt spoil,
cuttings, or other material on the right-of-way of any street in the
city, without first obtaining the written approval of the code official
or the city building commission.
(2)
Exception: At the property owner’s
risk, shrubs may be planted no closer than four (4) feet to the hard
surface of the street to preclude damage to landscaping. Shrubs must
be maintained so that they do not exceed two (2) feet in height. Plantings/grading
shall not interfere with drainage or utilities. This applies to vegetation
only. Landscape rocks must remain a minimum of eight (8) feet off
the hard surface of the street unless otherwise approved by the city
building commission.
(3)
All landscaping within the city’s
rights-of-way requires the prior written approval of the code official
or city building commission. No vegetation except lawn grass is permitted
within eight (8) feet of the hard surface of a city street. Shrubs,
bushes, etc., when mature, shall not encroach closer than eight (8)
feet to the hard surface of a street. Gravel, stones, and rocks are
not permitted in the city’s rights-of-way without specific approval
of the city building commission.
(4)
Vegetation proposed for county or
state rights-of-way must receive approvals from the appropriate authority.
(5)
Vegetation shall be irrigated to
the hard surface of adjacent roadways.
(6)
In addition to the penalty provisions
of this chapter, the city may remove, from the street rights-of-way,
any of the structures, growth, and material prohibited by this chapter
and in so doing, the city, its officers, agents, and employees shall
not be liable to the owners thereof. Any expense incurred by the city
for such removals will be charged to the property owner.
(g)
Nonresidential and multifamily
landscaping requirements.
(1)
Ground cover of lawn grass or other
material approved by the city shall be provided to the hard surface
of the street unless specifically prohibited by city, county or state
for a particular right-of-way. All areas disturbed by construction
shall be revegetated.
(2)
A minimum five (5) foot deep landscaping
area shall abut the front and at least twelve (12) feet down the sides
of a building except for the building entrance.
(3)
Minimum landscape quantity requirements:
(A)
One and one-fourth (1.25)
trees required per 1,000 ft2 of site impervious
cover; and
(B)
Three (3) shrubs required
per 1,000 ft2 of site impervious cover.
In calculating required landscaping,
quantity totals from 0.5 and greater shall be rounded up to the next
number. Quantity totals 0.49 and less may be rounded down. A “landscape
calculation” table, “tree list,” and “shrub
list” shall be included on the landscape plan within the construction
plan set.
(h)
Parking lot and pond screening
requirements.
(1)
Off-street parking areas, water quality
ponds and detention ponds, including outfall and diversion improvements,
shall be screened from adjacent properties and roadways by dense vegetation.
Such landscaping shall consist of massed evergreen shrubs or decorative
grasses of such species and size as will produce a screen at least
three feet in height within two growing seasons, so as to continually
restrict a clear view beyond the vegetation.
(2)
Planting areas shall be a minimum
of five (5) feet deep.
(3)
Ponds that are primarily constructed
of earthen material, rain barrels, and tanks for storing rainwater
or grey water are a part of Integrated Water Management and so are
considered as a landscaping element rather than as infrastructure.
They shall be screened from public right-of-way.
(4)
Landscaping for interior parking
lot areas shall consist of at least one (1) landscaped island every
twelve (12) parking spaces and one (1) landscaped island at each end
of a parking space row.
(i)
Landscape buffer zones.
(1)
Nonresidential or multifamily lots
whose side or rear lot lines are adjacent to a residential use shall
be screened from such residential use by landscaped buffer zones reserved
for landscaping only. No other improvements may be placed within a
landscape buffer zone without prior approval of the code official.
(2)
The width of the landscaped buffer
zone shall be a minimum of twenty-five (25) feet.
(3)
A solid and continuous landscape
screen shall be planted and maintained within the full width of the
buffer zone in order to restrict a clear view beyond such buffer zone.
Plantings shall consist of massed evergreen trees and shrubs of such
species and size to produce a screen at least six (6) feet in height
within two (2) growing seasons. In cases where the elevation of the
planting location is less than the elevation of the edge of adjacent
area, the required height of the screen shall be increased in an amount
equal to such difference in elevation.
(4)
Landscape buffer zones shall be maintained
by the property owner and kept clean of all debris and rubbish. Plantings
shall be replaced within one (1) month should they die. All landscape
buffer zones shall be irrigated with an approved underground irrigation
system unless otherwise approved by the code official.
(5)
A minimum 8-foot masonry screening
wall, or other such screening as approved by the city, may be submitted
as an alternative to massed evergreen shrubs and trees. The required
full width of landscape buffer zone shall still be provided. Compliance
with all city building codes is required when a screening wall is
used.
(6)
All of the requirements and specifications
for landscaping, as noted in this section, shall apply to landscaping
installed within the landscape buffer zone.
(j)
Specifications.
(1)
Lawn grass, where used, shall be
as required for permanent erosion control and must also comply with
the requirements of this chapter.
(2)
Shrubs and vines shall be good, healthy
nursery stock. Shrubs used to satisfy landscape requirements must
be a minimum of five (5) gallon container size.
(3)
Turf and landscape areas used for
plantings shall have a minimum of three inches of topsoil.
(4)
A minimum of three inches of organic
mulch shall be added to landscape areas used for planting, applied
as top dressing after planting is completed. Nonporous material such
as sheet plastic shall not be placed under the mulch.
(5)
Trees shall be planted, maintained, and removed in accordance with section 28.09.020 tree protection.
(6)
No invasive plant, noxious weed, or other prohibited plant may be
used in any landscaping which is subject to a landscaping plan.
(k)
Tree preservation.
Provisions for trees and vegetation
on public and/or private land.
(1)
Private protected trees.
A private protected tree
is any hardwood tree on private property that has a trunk 12 inches
in diameter or greater as measured four and one-half (4.5) feet above
natural ground level. At the discretion of the city, certain native,
rare, and unusual trees and plant species may also be designated as
protected regardless of size. In the instance that a private protected
tree is counted towards mitigation credits, the tree is preserved
in perpetuity and will require mitigation if removed.
(2)
Public trees.
All trees located in city streets, rights-of-way, city parks, and other public property, herein referred to as "public trees" are regulated by code section 28.09.020(e) herein.
(3)
Heritage trees.
The heritage tree designation
provides additional protection measures for healthy trees meeting
the following criteria:
(A)
Not an unprotected species identified in Sec. 28.09.020(b)(4)
below;
(B)
Measured at twenty-four (24) inches or greater
DBH; and
(C)
Is determined by the code official or city forester
to be of cultural importance located anywhere within the city. "Cultural
importance" for the purposes of this subsection shall mean the historic
significance of the tree as it may relate to an event or person.
(4)
Unprotected trees.
Unprotected trees are not recognized
as protected by this code section and do not require a permit for
removal.
(A)
The following species are discouraged from planting
and are not considered to be protected trees due to their invasive
and/or nuisance status:
(i)
Ailanthus altissima (Tree of heaven).
(ii)
Alibizzia julibrissen (Mimosa).
(iii)
Koelreuteria elegans (Golden rain tree).
(iv)
Ligustrum ssp.
(v)
Maclura pomifera (female only) (Bois d' Arc).
(vi)
Melia azedarach (Chinaberry).
(vii)
Pistacia chinensis (Chinese Pistache).
(viii)
Pyrus calleryana (Callery pear or Bradford pear).
(ix)
Triadica sebifera (Chinese tallow).
(x)
Ulmus parvifolia (Chinese elm).
(xi)
Other species as designated by the Texas Invasives
partnership on their website or other current publication.
(l)
Tree removal permits.
(1)
A request for a tree removal permit must be submitted and approved
prior to the removal of any private protected tree in the city unless
the tree is exempt under a provision of this section.
(2)
Procedures for application.
All requests for tree
removal, land clearing, and/or grubbing must be accompanied by the
following materials:
(A)
A complete tree removal application signed by the
property owner;
(B)
A letter explaining the reason for the request;
and
(C)
A tree survey dated within 12 months of the date
of application shall include:
(i)
Hardwood trees greater than six (6) inches DBH;
and
(ii)
Heritage trees, as defined in section Sec. 28.09.017(k)(3); and
(iii)
The critical root zone (CRZ) of all trees to
be retained shall be clear of all proposed site improvements.
(D)
If applicable, a copy of the associated land development
or building permit application for reference. No land development
or building permit shall be approved without final approval of the
tree removal permit and/or mitigation plan.
(3)
Actions on application.
The city may take one
of the following actions regarding the application:
(A)
Deferral of decision.
The code official
may defer the approval of a tree removal permit to the city building
commission for any reason.
(B)
Approval.
A tree removal permit may
be issued if it is determined that:
(i)
The tree constitutes a hazard to life or property,
which cannot be reasonably mitigated without removing the tree;
(ii)
The tree is dying, dead, or diseased to the point
that restoration is not practical; or
(iii)
All reasonable efforts have been made to avoid
removing the tree for the development and removal cannot be avoided.
(4)
A decision made by the code official may be appealed to the
city building commission.
(5)
Tree removal permits issued in conjunction with a building permit,
site development permit, subdivision improvement permit, or small
project permit shall be valid for the period of that permit's
validity. Permit(s) for tree removal not issued in connection with
a building permit, site development permit, subdivision improvement
permit, or small project permit shall become void one hundred eighty
(180) days after the issue date on the permit.
(m)
Tree mitigation.
All efforts for tree preservation
must be exhausted before mitigation is considered. When on-site tree
replacement is not possible, the last option is for the applicant
to pay in-lieu-of funds to the city tree fund as prescribed herein.
When a private protected tree, or public tree maintained by the city
or other public entity, is permitted for removal, the applicant shall
provide mitigation as prescribed below:
(1)
On-site tree replacement.
(A)
All planting and maintenance of mitigation trees
shall conform to the American Standard for Nursery Stock (ANSI Z60.1)
and shall follow all tree care best management practices (BMPs) published
by the International Society of Arboriculture.
(B)
Protected tree inches approved for removal shall
be mitigated at a 1:1 ratio for trees with a DBH 12"–17", 2:1
for trees 18"–23" and 3:1 for trees 24"+ DBH. In calculating
required landscaping, quantity totals from 0.5 and greater shall be
rounded up to the next whole number. Quantity totals 0.49 and less
may be rounded down.
(C)
Replacement trees shall be a minimum of three (3)
inch caliper measured six (6) inches from the root flare, and a minimum
of ten (10) feet in height at the time of planting.
(D)
Planting location.
Except when otherwise
approved by the city, replacement trees shall not be planted in the
following locations:
(E)
Credit for existing trees.
Any existing
hardwood tree, so long as the tree is not an unprotected species listed
in Sec. 28.09.017(k)(4), which is preserved on the lot, may be counted
toward the required number of trees as long as the tree is a minimum
of six (6) inches in diameter, measured four and one-half (4.5) feet
above finished grade. One (1) inch of tree credit will be given for
every one (1) inch of existing trees that remain on site.
(F)
Species diversity.
A high diversity
of native and well adapted trees and shrubs from different plant families
is encouraged. It is required that no more than 50% of the trees planted
are from the same species.
(G)
Size and spacing.
Large trees shall
comprise a minimum of 50% of the required inches of trees. The remaining
required trees shall be equally distributed between small, medium,
and large trees. The code official or city forester shall determine
any deviation from the following classification and spacing of trees
planted for small, medium, and large trees at the time of maturity
(see Minimum Tree Spacing Requirements chart below).
|
Minimum Tree Spacing Requirements*
| |||
|---|---|---|---|
|
Tree Size
|
Min. Spacing
|
Min. Spacing from Wall of 1-Story Building
|
Min. Spacing from Corner of 1-Story Building
|
|
Small trees (30' or less)
|
6–15'
|
8–10'
|
6–8'
|
|
Medium trees (30-70')
|
30–40'
|
15'
|
12'
|
|
Large trees (70' or more)
|
40–50'
|
20'
|
15'
|
|
*Source: Arbor Day Basic Spacing Guide https://www.arborday.org/trees/righttreeandplace/size.cfm
| |||
(2)
Payment in lieu of replacement and/or required trees.
(n)
Trees in public spaces.
(1)
Authority.
The director of parks and recreation,
or his or her designee, herein referred to as the "director", is the
final authority for the administration of this subsection referring
to all trees located in city streets, rights-of-way, city parks, and
other public property, herein referred to as "public trees".
(A)
Coordination among city departments.
All city departments will coordinate as necessary with the director
and will provide services as required to ensure compliance with this
subsection as it relates to streets, rights-of-way, and other public
properties not under direct jurisdiction of the director.
(B)
Right-of-way approval.
In accordance with code section Sec. 28.09.017(f), no entity shall plant or maintain trees in the public right-of-way without first obtaining written approval from the code official or the city building commission. Contract permits must be reviewed, approved, and renewed on an annual basis by the director.
(C)
Interference.
No person shall hinder,
prevent, delay, or interfere with the director or his agents while
engaged in carrying out the execution or enforcement of this section.
(2)
Standards for the planting and care of public trees.
All planting and maintenance of public trees shall conform to
the American National Standards Institute (ANSI) A-300 "Standards
for Tree Care Operations" and shall follow all tree care best management
practices (BMPs) published by the International Society of Arboriculture.
(3)
Mitigation.
The city is subject to mitigation as defined in section 28.09.017(m).
(o)
Tree protection during construction.
 Figure: Best Management Practices for Tree Protection,
Texas A&M Forest Service
|
Private protected trees, heritage trees and public
trees. Any person, firm, corporation, or city department performing
construction in the area of any heritage, public, or private protected
tree shall meet the following tree protection specifications:
(1)
All trees shall be protected by a fence constructed to be a
minimum of four (4) feet tall around the tree protection area, which
shall be based on the tree's critical root zone (CRZ).
(2)
Signs shall be installed on the protective fence visible on
all sides of the fenced-in area (minimum one on each side and/or every
300 linear feet). The size of each sign must be a minimum of one (1)
foot by one and one half (1.5) feet and shall contain the following
bilingual text in both English and Spanish: "TREE PROTECTION ZONE:
KEEP OUT."
(3)
A minimum of four (4) inches of mulch or compost shall be spread
beneath the CRZ of the preserved tree unless other recommendations
are made by the city forester. Equipment or materials storage shall
not be allowed within tree protection areas.
(4)
Unless otherwise approved by the code official or their designee,
no construction, grading, parking, equipment, or material storage,
or any other activity, shall be allowed within the fenced area at
any time during the project.
(5)
Trenching shall not be allowed without code official's
approval. Boring shall be allowed with consultation by the city forester
and approval of the code official.
(p)
Tree protection penalties.
(1)
Removal of or damage to a private protected tree without a
permit.
Any private protected tree that is damaged or
removed without a tree removal permit, including those damaged during
construction, shall be subject to the following penalties:
(2)
Removal of or damage to a heritage tree without a permit.
Any heritage tree that is damaged or removed without a tree
removal permit, including those damaged during construction, shall
incur exactly double the penalties calculated for a private protected
tree as indicated above.
(q)
City tree fund.
(1)
Funding sources.
The following sources of funding
may contribute to the city tree fund:
(2)
Funding purposes.
The city shall only use the
city tree fund for the purposes of:
(A)
Purchase and installation of new public trees;
(B)
Maintenance tasks which are intended to prolong
the life of existing trees on public property and rights-of-way, such
as but not limited to: pruning, treatment of pests and diseases, irrigation,
and mulching.
(C)
Purchase of real property for the purposes of tree
plantings or land conservation; or
(D)
Administration of the above.
(3)
Fee schedule.
(A)
$250.00 per inch of DBH removed for trees 12" or
greater located on nonresidential property and trees removed during
land development (land clearing or grubbing).
(B)
$250.00 per inch for all required trees.
(C)
$50.00 per inch of DBH removed for trees located
on existing single-family residential property.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11; Ordinance 2018-10-15-05 adopted 10/15/18; Ordinance 2022-12-19-02 adopted 12/19/2022; Ordinance 2023-09-05-02 adopted 9/5/2023; Ordinance
2023-10-16-03 adopted 10/16/2023)
(a)
All developments shall be provided
with neighborhood mailbox units at locations approved by the local
postmaster and the city.
(b)
A letter from the local postmaster
approving the proposed location of neighborhood mailbox units shall
be presented with the preliminary plan or short form final plat. The
location shall be identified in the site development and subdivision
improvement plan set.
(c)
Postal delivery areas shall be provided
with associated off-street parking spaces as stated in this chapter.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
Applicability.
This section shall apply to the deployment
of all network nodes, network support poles, and transport facility
in the city rights-of-way in accordance with Texas Local Government
Code chapter 284, as amended.
(b)
Definitions.
The definitions of the following terms
shall be the definitions of those terms pursuant to Texas Local Government
Code chapter 284, as amended:
(c)
Public right-of-way rate.
A network provider shall pay the public right-of-way rates for use of the public right-of-way in accordance with appendix A of this code.
(d)
Collocation on service poles.
A network provider may collocate on a service pole subject to a license agreement with the city and upon payment of fees in accordance with appendix A of this code.
(e)
Design manual.
Any network provider installing network
nodes in the city shall comply with a design manual on file with the
building and development services department and as amended by the
director of building and development services or their designee.
(f)
Prohibited installation.
Installation of network node support
poles is prohibited in the public right-of-way of municipal parks
and adjacent to certain streets or thoroughfares pursuant to Texas
Local Government Code section 284.104, as amended.
(g)
Permit required.
(1)
A network provider shall obtain a
permit from the city before installing a network node, node support
pole, or transport facility in public right-of-way.
(2)
A network provider who submits a
permit application to install or collocate multiple network nodes
may file a consolidated permit application with the building and development
services department for not more than 30 network nodes.
(3)
Application. A network provider shall complete and submit to the city a utility development or utility maintenance permit application, pursuant to the requirements set forth in the design manual, as amended. All relevant fees in accordance with appendix A of this code shall be submitted in accordance with the application.
(h)
Application review process.
(1)
(2)
Action on application.
(A)
The director of building
and development services or their designee shall approve or deny an
application:
(i)
For a node support pole
not later than the 150th day after the date the city receives the
complete application;
(ii)
For a network node
not later than the 60th day after the date the city receives the complete
application; and
(iii)
For a transport facility
not later than the 21st day after the date the city receives the complete
application.
(B)
An application shall
be deemed approved if the application is not approved or denied on
or before the applicable date for approval or denial prescribed by
this subsection.
(3)
Denial of application.
(A)
If the director of building
and development services or their designee denies a complete application,
the director of building and development services or their designee
must document the basis for denial, including the specific applicable
code provisions or other municipal rules, regulations, or other law
on which the denial was based. The director of building and development
services or their designee shall send the documentation by electronic
mail to the applicant on or before the date the director of building
and development services or their designee denies the application.
(B)
Not later than the 30th day after the date the director of building and development services or their designee denies the application, the applicant may cure the deficiencies identified in the denial documentation and resubmit the application without paying an additional application fee, other than a fee for actual costs incurred by the city. Notwithstanding, subsection (2) herein, the director of building and development services or their designee shall approve or deny the revised completed application after a denial not later than the 90th day after the date the city receives the completed revised application. The director of building and development services’ or their designee’s review of the revised application is limited to the deficiencies cited in the denial documentation.
(Ordinance 2019-02-19-01 adopted 2/19/19)
(a)
General.
(1)
Purpose.
The purpose and intent of this section is to protect
city's public and private trees and their associated ecosystem benefits,
encourage site and building designs that preserve and enhance the
existing natural environment, support a sustainable and resilient
tree canopy for future generations, and establish guidelines and best
management practices for tree planting and maintenance in the city.
(2)
Authority.
The code official is the final authority for the administration
of this section unless otherwise specified herein.
(3)
Applicability and exemptions.
Except as stated herein, the requirements
of this section shall apply to all land-disturbing activities that
require permit for existing and new development in all zoning districts.
Exemption shall not be granted to native trees, or naturally growing
trees that inhibit a view or vista. However, in certain instances,
trees classified as nuisance species my require trimming or removal
in accordance with the city's vista protection ordinance. The requirements
of this section shall not apply to the following circumstances:
(A)
Existing single-family
residential properties.
Tree
removal permits shall not be required for any tree located on a private
property containing a single-family residential home, provided that:
(i)
The lot is not capable
of further subdivision;
(ii)
Improvements to the
property requiring the removal of trees are not being made;
(iv)
The single-family dwelling
is occupied or used for residential purposes or capable of occupancy
in compliance with applicable law; and
(v)
The property owner acquired
the title to said developed property on or before 12/19/22.
(B)
Dead tree.
A tree removal permit shall not be
required if the tree is dead. This exemption is subject to approval
by the code official, who may require a report and/or approval by
the city forester.
(C)
Unprotected tree.
A tree removal permit shall not be required for trees identified in subsection (b)(4) as unprotected.
(D)
Public safety.
A tree removal permit shall not be
required if a tree endangers the public health, welfare or safety,
and immediate removal is required. This exemption is subject to approval
by the code official, who may require a report and/or approval by
the city forester.
(E)
Utility service
disruption.
A tree removal
permit shall not be required if a tree has disrupted a public utility
service due to a tornado, storm, flood or other act of God.
(F)
Aviation zoning.
A tree removal permit shall not be
required for the removal of trees on properties zoned for aviation,
to comply with the requirements mandated by federal or state law or
regulation.
(G)
Agricultural zoning
and uses.
A tree removal permit
shall not be required for the removal of trees on land zoned or lawfully
used for agriculture, forestry purposes, commercial garden centers,
greenhouses, or nurseries.
(4)
ANSI A300 standards.
Caliper.
Certified arborist.
City forester.
Critical root zone (CRZ).
Diameter at breast height (DBH).
Dripline.
Native tree.
Pruning.
Public property.
Topping.
Definitions.
The industry standards for tree care in the United States.
The diameter of a sapling to be planted measured six (6)
inches above the top of the root flare up to and including four-inch
caliper size. If the caliper at six (6) inches above the top of the
root flare exceeds four (4) inches, the caliper should be measured
at twelve 12 inches above the top of the root flare.
A specialist in the care and maintenance of trees who is
certified by and in good standing with the International Society of
Arboriculture (ISA).
A certified arborist employed by the City of Lakeway in support
of this code section.
The area of soil around a tree where the minimum amount of
roots considered critical to the structural stability or health of
the tree are located. CRZ can be defined as a circle with a minimum
radius of 1 foot for every 1 inch in trunk diameter at 4.5" above
ground, or otherwise can be determined by the city forester and/or
by using the dripline of the tree.
The tree diameter measured 4.5 feet above ground. For multi-trunked
trees, DBH is the total of all individual trunks added together.
The outermost edge of a tree's canopy. When viewed from above,
the dripline will appear as a line that follows the contour of the
tree's branches. At a minimum, the dripline is a circle whose diameter
is 15 times a tree's DBH.
Any tree species identified by the Texas A&M Forest Service
to have Texas origin.
Removing branches from a tree to achieve a specified objective
using approved practices according to ANSI A300 industry standards.
At no time shall topping, tipping or flush cutting of trees be deemed
a form of "pruning."
All grounds and rights-of-way (ROWs) owned or maintained
by the city.
Using inappropriate pruning techniques to reduce tree size
that may result in unnecessary risk, tree stress, or decay.
(b)
Tree preservation.
Provisions for trees and vegetation on
public and/or private land.
(1)
Private protected trees.
A private protected tree is any hardwood
tree on private property that has a trunk twelve (12) inches in diameter
as measured four and one-half (4.5) feet above natural ground level.
At the discretion of the city, certain native, rare, and unusual trees
and plant species may also be designated as protected regardless of
size.
(A)
In the instance that
a private protected tree is counted towards mitigation credits, the
tree is preserved in perpetuity and will require mitigation if removed.
(2)
Public trees.
All trees located in city streets, rights-of-way, city parks, and other public property, herein referred to as "public trees" are regulated by subsection (e) herein.
(3)
Heritage trees.
The heritage tree designation provides
additional protection measures for healthy trees meeting the following
criteria:
(B)
Measured at twenty-four
(24) inches or greater DBH, located within the setback or buffer area
of any property within the city; or
(C)
Measured at thirty-six
(36) inches or greater DBH, located anywhere within the city; or
(D)
Is determined by the
codes official or city forester to be of cultural importance located
anywhere within the city. "Cultural importance" for the purposes of
this subsection shall mean the historic significance of the tree as
it may relate to an event or person.
(4)
Unprotected trees.
Unprotected trees are not recognized as
protected by this code section and do not require a permit for removal.
(A)
The following species
are discouraged from planting and are not considered to be protected
trees due to their invasive and/or nuisance status:
(i)
Ailanthus altissima
(Tree of heaven).
(ii)
Alibizzia julibrissen
(Mimosa).
(iii)
Koelreuteria elegans
(Golden rain tree).
(iv)
Ligustrum ssp.
(v)
Maclura pomifera (female
only) (Bois d'Arc).
(vi)
Melia azeoarach (Chinaberry).
(vii)
Pistacia chinensis
(Chinese Pistache).
(viii)
Pyrus calleryana
(Callery pear or Bradford pear).
(ix)
Triadica sebifera (Chinese
tallow).
(x)
Ulmus parvifolia (Chinese
elm).
(xi)
Other species as designated
by the Texas Invasives partnership on their website or other current
publication.
(B)
The following tree species
shall not be planted within known oak wilt centers due to their high
susceptibility to oak wilt:
(i)
Live oak (Quercus virginiana,
Quercus fusiformis);
(ii)
Texas red oak or Spanish
oak (Quercus texana, Quercus buckleyi);
(iii)
Shumard oak (Quercus
shumardii);
(iv)
Southern red oak (Quercus
falcata);
(v)
Blackjack oak (Quercus
marilandica); and
(vi)
Other members of the
red or black oak group unless approved by the Texas Forest Service.
(c)
Tree removal permits.
(1)
A request for a tree removal permit
must be submitted and approved prior to the removal of any private
protected tree in the city unless the tree is exempt under a provision
of this section.
(2)
Procedures for application.
All requests for tree removal, land
clearing, and/or grubbing must be accompanied by the following materials:
(A)
A complete tree removal
application signed by the property owner;
(B)
A letter explaining
the reason for the request; and
(C)
A tree survey dated
within 12 months of the date of application shall include:
(D)
If applicable, a copy
of the associated land development or building permit application
for reference. No land development or building permit shall be approved
without final approval of the tree removal permit and/or mitigation
plan.
(3)
Actions on application.
The city may take one of the following
actions regarding the application:
(A)
Deferral of decision.
The code official may defer the approval
of a tree removal permit to the city building commission for any reason.
(B)
Approval.
A tree removal permit may be issued
if it is determined that:
(i)
The tree constitutes
a hazard to life or property, which cannot be reasonably mitigated
without removing the tree;
(ii)
The tree is dying,
dead, or diseased to the point that restoration is not practical;
or
(iii)
All reasonable efforts
have been made to avoid removing the tree for the development and
removal cannot be avoided.
(4)
A decision made by the code official
may be appealed to the city building commission.
(5)
Tree removal permits issued in conjunction
with a building permit, site development permit, subdivision improvement
permit, or small project permit shall be valid for the period of that
permit's validity. Permit(s) for tree removal not issued in connection
with a building permit, site development permit, subdivision improvement
permit, or small project permit shall become void one hundred eighty
(180) days after the issue date on the permit.
(d)
Mitigation.
All efforts for tree preservation must be exhausted
before mitigation is considered. When on-site tree replacement is
not possible, the last option is for the applicant to pay in-lieu-of
funds to the city tree fund as prescribed herein. When a private protected
tree, or public tree maintained by the city or other public entity,
is permitted for removal, the applicant shall provide mitigation as
prescribed below:
(1)
On-site tree replacement.
(A)
All planting and maintenance
of mitigation trees shall conform to the American Standard for Nursery
Stock (ANSI Z60.1) and shall follow all tree care Best Management
Practices (BMPs) published by the International Society of Arboriculture.
(B)
Protected tree inches
approved for removal shall be mitigated at a 1:1 ratio for trees with
a DBH 8"–14", 2:1 for trees 14"–24" and 3:1 for trees
24"+ DBH.
(C)
Replacement trees shall
be a minimum of two (2) inch caliper measured four and one-half (4.5)
feet from the ground, and a minimum of ten (10) feet in height at
the time of planting.
(D)
Planting location.
Except when otherwise approved by
the city, replacement trees shall not be planted in the following
locations:
(E)
Credit for existing
trees.
Any existing hardwood tree or pine species, so long as the tree is not an unprotected species listed in subsection (b)(4), which is preserved on the lot, may be counted toward the required number of trees as long as the tree is a minimum of twelve (12) inches in diameter, measured four and one-half (4.5) feet above finished grade. One (1) inch of tree credit will be given for every one (1) inch of existing trees that remain on site.
(F)
Species diversity.
A high diversity of native and well
adapted trees and shrubs from different plant families is encouraged.
It is recommended that no more than 50% of the trees planted are from
the same species.
(G)
Size and spacing.
Large trees shall comprise a minimum
of 50% of the required inches of trees. The remaining required trees
shall be equally distributed between small, medium, and large trees.
The code official or city forester shall determine any deviation from
the following classification and spacing of trees planted for small,
medium, and large trees at the time of maturity (see minimum tree
spacing requirements chart below).
|
Minimum Tree Spacing Requirements*
| |||
|---|---|---|---|
|
Tree Size
|
Min. Spacing
|
Min. Spacing From Wall of 1-Story
Building
|
Min. Spacing From Corner Of 1-Story
Building
|
|
Small trees (30' or less)
|
6–15'
|
8–10'
|
6–8'
|
|
Medium trees (30–70')
|
30–40'
|
15'
|
12'
|
|
Large trees (70' or more)
|
40–50'
|
20'
|
15'
|
|
*
|
Source: Arbor Day Basic Spacing Guide https://www.arborday.org/trees/righttreeandplace/size.cfm.
|
(2)
Payment-in-lieu of replacement
trees.
(A)
In the event that mitigation
is not feasible on the same site as the proposed development, an applicant
may provide a fee in-lieu of payment to the city tree fund.
(B)
Fee schedule.
(i)
$150.00 per inch of
DBH removed for trees 8"–14", $300.00 for trees 14"–24"
DBH and $450.00 for trees 24"+ DBH, located on nonresidential property
and trees removed during land development (land clearing or grubbing).
(ii)
$100.00 per inch of
DBH removed for trees located on existing single-family residential
property.
(C)
Fees in lieu of mitigation
are applied in addition to any penalties issued, if applicable.
(e)
Trees in public spaces.
(1)
Authority.
The director of parks and recreation, or his or her
designee, herein referred to as the "director," is the final authority
for the administration of this subsection referring to all trees located
in city streets, rights-of-way, city parks, and other public property,
herein referred to as "public trees."
(A)
Coordination among
city departments.
All city
departments will coordinate as necessary with the director and will
provide services as required to ensure compliance with this subsection
as it relates to streets, rights-of-way, and other public properties
not under direct jurisdiction of the director.
(B)
Right-of-way approval.
In accordance with code section 28.09.017(f), no entity shall plant or maintain trees in the public right-of-way without first obtaining written approval from the code official or the city building commission.
(i)
Contract permits must
be reviewed, approved, and renewed on an annual basis by the director.
(C)
Interference.
No person shall hinder, prevent,
delay, or interfere with the director or his agents while engaged
in carrying out the execution or enforcement of this section.
(2)
Standards for the planting and
care of public trees.
All
planting and maintenance of public trees shall conform to the American
National Standards Institute (ANSI) A-3i00 "Standards for Tree Care
Operations" and shall follow all tree care Best Management Practices
(BMPs) published by the International Society of Arboriculture.
(f)
Tree protection during construction.
|
Figure: Best Management Practices
for Tree Protection, Texas A&M Forest Service
|
(1)
Private protected trees, heritage
trees and public trees.
Any
person, firm, corporation, or city department performing construction
in the area of any heritage, public, or private protected tree shall
meet the following tree protection specifications.
(A)
All trees shall be protected
by a fence constructed to be a minimum of four (4) feet tall around
the tree protection area, which shall be based on the tree's critical
root zone (CRZ).
(B)
Signs shall be installed
on the protective fence visible on all sides of the fenced-in area
(minimum one on each side and/or every 300 linear feet). The size
of each sign must be a minimum of one (1) foot by one and one half
(1.5) feet and shall contain the following bilingual text in both
English and Spanish: "TREE PROTECTION ZONE: KEEP OUT."
(C)
A minimum of four (4)
inches of mulch or compost shall be spread beneath the CRZ of the
preserved tree unless other recommendations are made by the city forester.
Equipment or materials storage shall not be allowed within tree protection
areas.
(D)
No construction, grading,
parking, equipment, or material storage, or any other activity, shall
be allowed within the fenced area at any time during the project.
(E)
Trenching shall not
be allowed without code official's approval. Boring shall be allowed
with consultation by the city forester and approval of the code official.
(g)
Penalties.
(1)
Removal of or damage to a private
protected tree without a permit.
Any private protected tree that is damaged or removed without a tree
removal permit, including those damaged during construction, shall
be subject to the following penalties:
(2)
Removal of or damage to a heritage
tree without a permit.
Any
heritage tree that is damaged or removed without a tree removal permit,
including those damaged during construction, shall incur exactly double
the penalties calculated for a private protected tree as indicated
above.
(h)
City tree fund.
(1)
Funding sources.
The following sources of funding may contribute
to the city tree fund:
(2)
Funding purposes.
The city shall only use the city tree fund
for the purposes of:
(A)
Purchase and installation
of new public trees;
(B)
Maintenance tasks which
are intended to prolong the life of existing trees on public property
and rights-of-way, such as but not limited to: Pruning, treatment
of pests and diseases, irrigation, and mulching.
(C)
Purchase of real property
for the purposes of tree plantings or land conservation; or
(D)
Administration of the
above.
(Ordinance
2022-12-19-02 adopted 12/19/2022)
