(a)
Purpose and intent.
It is the purpose of this
section to establish certain regulations pertaining to landscaping
within the city. The city recognizes that landscaping can be a significant
expense to businesses and residents. At the same time, landscaping
improves the livability of residential neighborhoods, enhances the
appearance and customer attraction of commercial areas, increases
property values, improves the compatibility of adjacent uses, screens
undesirable views, and reduces air and noise pollution. Furthermore,
these regulations provide standards and criteria for new landscaping
which are intended to promote the value of property, enhance the welfare,
and improve the physical appearance of the city.
(b)
Applicability.
(1)
The standards and criteria contained within this section are
deemed to be minimum standards and shall apply to all new development
and existing developments that are expanding or redeveloping thirty
percent (30%) or more of the building footprint or parking.
(2)
In unique situations, the director shall have the ability to
review and modify the applicability of these standards to proposed
development if site conditions limit or prohibit the practical application
of the standards through the use and application of minor modifications.
(3)
The official tree board for the city shall be the planning and
zoning commission.
(c)
Enforcement.
The provisions of this section shall
be administered and enforced by the director. If, at any time after
the issuance of a CO, the approved landscaping is found to be in nonconformance
to the standards of the approved landscape plan, the director shall
issue notice to the owner, citing the violation and describing what
action is required to comply with this section. The owner, tenant,
or agent shall have thirty (30) days from the date of said notice
to restore the landscaping to that shown on the approved plan. If
the landscaping is not restored within the allotted time, the owner,
tenant, or agent responsible shall be in violation of the ordinance
from which this article derives and is subject to fines and the loss
of the CO until the landscaping is properly restored.
(d)
Permits.
(1)
Prior to the issuance of any development permit for any use
other than single-family dwellings, a landscape plan shall be submitted
to the planning department and approved by the director.
(2)
Prior to the issuance of a certificate of occupancy (CO) for
any building or structure, all screening and landscaping shall be
in place in accordance with the landscape plan required by this article.
(3)
In any case in which a CO is sought at a time in which the director
determines that it would not be practical to plant trees, shrubs,
grass, or to lay turf, a CO may be issued notwithstanding the fact
that the landscaping required by the landscape plan has not been installed
provided the applicant deposits cash in an escrow account in the amount
of the estimated cost of landscaping materials and installation that
complies with this article. Such escrow deposit shall be conditioned
upon the installation of all required landscaping within three (3)
months of the date of the application and shall give the city the
right to draw upon the escrow deposit to complete the said landscaping
if the applicant fails to do so.
(4)
If during a drought situation and the director determines it
would be impractical to plant trees, shrubs, or grass, or to lay turf,
a temporary certificate of occupancy may be issued. All landscaping
required by the landscape plan shall be installed within 120 days
of the latter of the date of issuance of the temporary certificate
of occupancy or the lifting of drought restrictions. Failure to timely
complete the installation and obtain the final acceptance from the
city of the landscaping required by the landscape plan shall be deemed
to be a violation of this article and the temporary certificate of
occupancy may be revoked.
(Ordinance 2019-42 adopted 10/8/19; Ordinance
2024-21 adopted 4/9/2024)
An earthen mound designed to provide visual interest, screen
undesirable views, and/or decrease noise levels.
An irrigation type that allows water to gently soak into
the ground with minimal erosion or loss of water due to evaporation.
The diameter of a tree trunk measured at breast height (4-1/2
feet above ground level). The caliper of a multi-trunk tree is determined
by the full caliper of the largest trunk, plus half (1/2) the caliper
of the other trunks. This measurement is used for newly planted trees.
The removal of all trees or a significant majority of the
trees on a parcel of land.
The area of undisturbed natural soil around a tree defined
by a concentric circle with a radius equal to the distance from the
trunk to the outermost portion of the drip line but not less than
one foot radius for each one inch DBH.
The diameter in inches of a tree as measured through the
main trunk at a point four and one-half (4-1/2) feet above the natural
ground level.
The planning director of the City of Celina or his/her designee.
A vertical line run through the outermost portion of the
crown of a tree and extending down to the ground.
The ability of a plant to be drought tolerant is primarily
due to the plant's ability to limit water loss through the leaves
and acquire more water through the roots. Plants have developed several
mechanisms to reduce water loss, many of which can be recognized in
native and cultivated plants.
Snow fencing, chainlink fencing, orange vinyl construction
fencing or similar fencing with a four (4) foot approximate height.
The director shall determine the appropriate type of fencing for any
particular property or portion thereof. This fencing is intended to
be of a temporary nature.
A grass type that is generally considered in the landscaping
industry to have ornamental qualities, and which is typically grown
in a flower garden. Ornamental grass typically grows to a height of
between six (6) inches and thirty-six (36) inches and does not tolerate
being cut below six (6) inches. These said grasses are usually used
as an accent grass and not the main coverage of a yard. These grasses
are commonly grown for the display of their leaves or flowers and
may contain a variety of colors depending on the season.
Grass commonly used in regularly cut lawns or play areas,
such as, but not limited to: Bermuda, St. Augustine, Fescue, and Ryegrass
blends.
An open space, available for unstructured recreation. A green
may be spatially defined by streets, landscaping, and/or building
frontages. Its landscape shall consist of lawn and trees.
Low growing plants, deciduous or evergreen species that cover
the ground and used instead of turf. Plants that generally do not
exceed eighteen (18) inches in height are classified as groundcover.
A substance that does not allow the passage of water through
it.
An automatic watering system designed for watering landscaping
and landscaped areas for a specified amount of time at a specified
time of day. Irrigation systems are typically used to conserve water
and time. All irrigation systems shall be equipped with an approved
backflow prevention device to protect the water supply (if connected
to city water supply) and a freeze and rain sensor.
The area within the boundaries of a given lot or, where applicable,
the adjoining street right-of-way, which is devoted to and consists
of plant material, including, but not limited to, grass, trees, shrubs,
flowers, vines and other groundcover, native plant materials, planters,
brick, stone, natural forms, water forms, aggregate, and other landscape
features.
Any live plant material such as trees, shrubs, groundcover,
and grass used in spaces void of any impervious material or building
structure and areas left in their natural state.
A line of delineation on the tree preservation plan which
shows the boundary of the area within which all construction activity
will occur.
The term low water use irrigation system is used to describe
any low-pressure system that applies water in a controlled area. The
most important feature of these systems is that it applies water very
slowly and allows the water to be absorbed fully into the soil with
minimal evaporation loss.
An open space at the front of a double row of residential
units in lieu of a street. Vehicle access and mailing addresses via
the associated alleyway.
The area adjacent to the edge of a parking space on which
portions of a vehicle (such as the hood or the trunk) overhangs the
sidewalk or landscaped area, rendering this space unusable for pedestrian
use.
The area of public right-of-way located between the curb
or edge of pavement and the property line or between the curb or edge
of pavement and the sidewalk.
An open space available for civic purposes and public commercial
activities. A plaza is spatially defined by adjacent building frontages.
Its landscape shall consist primarily of pavement, but may include
shade in the form of planters with small ornamental trees or structure.
Plazas frequently utilize fountains or water features.
A pollinator garden is a garden which is designed to provide
for the needs of local pollinating species. This includes selecting
native and adapted plants that will provide food for various life
stages, along with physical features, to provide water and nesting
habitat.
A technique used to protect and separate uses and site functions
from one another for the purpose of decreasing adverse noise, wind
or visual impacts, and to provide privacy and security (e.g., walls,
fences, berms, landscaping).
A self-supporting woody perennial plant of low to medium
height characterized by multiple stems and branches continuous from
the base, usually not more than ten (10) feet in height at maturity.
The area of unrestricted visibility required at a corner
to allow for the observation of other vehicular movement, pedestrians,
and cyclists in the proximity of intersecting streets and sidewalks.
An open space available for unstructured recreation and civic
purposes. A square is spatially defined by building frontages or streets.
Its landscape shall consist of paths, lawns and trees, formally disposed.
Squares shall be located at the intersection of important thoroughfares.
Topsoil is the surface layer of soil containing partly decomposed
organic debris, and which is usually high in nutrients. This term
may also apply to good quality soil sold at nurseries and garden centers.
Any self-supporting woody perennial plant which will attain
a minimum trunk diameter of three inches (3") DBH and normally attains
an overall height of at least fifteen (15) feet at maturity, usually
with one (1) main stem or trunk and many branches. It may appear to
have stems or trunks. The following further define specific tree types.
Tree, large canopy. A tree characterized by its high crown of
foliage or overhead canopy, a large woody perennial usually having
one trunk and numerous branches reaching a mature height of at least
thirty (30) feet and a mature crown of at least twenty-five (25) feet.
Tree, small ornamental. A relatively low growing tree that may
grow to a mature height of up to twenty-five (25) feet and a mature
crown of up to fifteen (15) feet and provide color due to its fruit,
berries, flowers, or leaves.
Tree, protected. Any tree that has a trunk DBH of six (6) inches
or greater at a height of four and one-half (4-1/2) feet above the
ground or which is otherwise noteworthy because of species, age, size,
or rarity.
Tree, replacement. A tree species from the city's approved
plant list with a minimum caliper size of three (3) inches and height
of seven (7) feet.
Tree, signature. A tree of unique species that is not regularly
used or a tree of sufficient size at time of planting, to be no less
than 6" in DBH, within a prominent location, or is otherwise distinguished.
Tree, urban. A tree specifically selected for its ability to
withstand harsh urban conditions, its relatively low maintenance,
its suitability for use in the streetscape through its noninvasive
root system and upright branching habit, and its associated imagery
and overtones.
Vegetation that because of its height and growth pattern
is objectionable, unsightly, invasive, or unsanitary; this term specifically
excludes ornamental grasses, shrubs, bushes and trees, cultivated
flowers, and cultivated crops.
A method of landscaping that emphasizes water conservation,
accomplished by following sound horticultural and landscaping practices,
such as planning and design, soil improvement, limited turf areas,
use of mulches, use of low water demand plants, efficient irrigation
practices, and appropriate maintenance.
A yard is defined as an open space adjacent to a building
that is generally kept with natural grass and/or plants and is pervious
in nature. The following further define specific yard types.
Yard, front. The area extending across the front of a lot between
the side property lines and the minimum horizontal distance between
the street, the main building, or any projections thereof other than
the projections of uncovered steps, balconies, or porches.
Yard, rear. The area extending across the rear of a lot and
being the required minimum horizontal distance between the rear lot
line and the rear of the main building or any projections thereof
other than the projections of uncovered steps, unenclosed balconies,
or unenclosed porches.
Yard, side. The area between the main building and the side
line of the lot, and extending from the required front yard to the
required rear yard and being the minimum horizontal distance between
a side lot line and the side of the main buildings or any projections
thereof.
(Ordinance 2019-42 adopted 10/8/19; Ordinance
2024-21 adopted 4/9/2024)
(a)
Landscape plan submittal.
Landscape plans shall
be submitted to the planning department as a part of the site plan
submittal, building permit, paving, grading, or construction permit.
The director shall review such plans for compliance with these regulations.
If the plans are not in compliance, they shall be disapproved and
shall be accompanied by a written statement setting forth the changes
necessary for compliance.
(b)
Landscape plan requirements.
All required components
of the landscape plan are listed in the landscape plan checklist,
available on the city is website.
(c)
Landscape standard notations.
All required standard
notations are listed in the landscape plan checklist, available on
the city's website.
(d)
Additional requirements.
(1)
No substitutions for plant materials are allowed without approval
by the director.
(2)
The right-of-way parkway area adjacent to required landscape
areas shall be maintained by the adjacent property owner in the same
manner as the required landscape area. All driveways will maintain
visibility sight lines as required by the engineering design standards.
All plantings intended for erosion control will be maintained. The
city may require revegetation to prevent erosion or slippage.
(3)
When power lines are present, large canopy trees should not
be planted underneath the lines and should be oriented in a manner
to avoid conflict.
(4)
All trees are to be equipped with a bubbler irrigation system.
(5)
Required landscaped open areas and disturbed soil areas shall
be completely covered with living plant material, per this article.
(6)
All streetscape furniture (benches, bollards, lampposts, trash
receptacles, patio furniture, bike racks, dog waste stations, etc.)
shall be a chip and flake resistant metal, decorative, and generally
black or neutral in color.
(Ordinance 2019-42 adopted 10/8/19; Ordinance
2024-21 adopted 4/9/2024)
(a)
Quality.
Plant materials used in conformance with
the provisions of this article shall conform to the standards of the
American Standard for Nursery Stock, or equal thereto. Grass seed,
sod, and other material shall be clean and reasonably free of weeds
and noxious pests and insects.
(b)
Quantity.
The quantity of plant materials required
by this article must equal or exceed the minimum number of plants
required by this article. All required landscaped open areas shall
be completely covered with living plant material. Mulch and rock may
be used in conjunction with shrub and tree plantings in limited applications.
(c)
Trees.
Trees required by this article shall be
from the approved plant list or an alternate species approved during
plan review. All required trees shall be common to this area of the
State. Large canopy or evergreen trees shall be of a minimum of three
(3) caliper inches at time of planting and required small ornamental
trees shall not be smaller than two (2) caliper inches in size at
the time of planting. When the type of tree required is unclear, it
is assumed that a large canopy tree is required.
(1)
No more than twenty-five percent (25%) of the required trees
shall be of the same species for any tree type (large, small, or urban)
in order to discourage monocultures and the spread of disease. However,
sites that require ten (10) or fewer trees are exempt from this regulation.
(2)
Three (3) trees from the small ornamental tree list may be substituted
for one (1) large canopy tree in special circumstances with the approval
of the director, not to exceed twenty-five percent (25%) of the required
large trees.
(3)
Large canopy trees must be planted four (4) feet or greater
from curbs, sidewalks, utility lines, screening walls, and/or other
structures. Small trees may be placed closer than four (4) feet, with
approval on landscape plan. Utility installations that includes common
trench and conduit banks are exempt from the large canopy tree planting
distance requirements.
(4)
Trees and shrubs shall not overhang or encroach upon walkways,
drives, parking areas, and traffic signs to the extent that they interfere
with the intended use of these facilities.
(5)
Tree wells shall be a minimum twenty (20) square feet in size
with generally similar lengths and widths.
(6)
Trees required in line with one another, such as perimeter trees,
right-of-way, or median trees may be clustered for visual effect,
upon the approval of the director.
(d)
Shrubs and hedges.
Evergreen screening plants
shall be at least twenty-four (24) inches high at time of planting,
shall be a type and species on the recommended plant list that will
attain a minimum height of three (3) feet within eighteen (18) months
of planting, and will form a continuous hedge. Sporadic breaks in
the hedgerow may be approved to achieve unique designs.
(e)
Vines.
Vines shall be a minimum of two (2) feet
in height immediately after planting and may be considered in conjunction
with fences, screens, or walls to meet screening requirements as specified.
(f)
Groundcovers.
Groundcovers used in lieu of grass
in whole and in part shall be planted in such a manner as to present
a finished appearance and reasonably complete coverage within one
(1) year of planting.
(g)
Lawn grass.
Grass areas shall be sodded, except
that large, expansive lawn areas may be hydromulched, plugged, sprigged,
or seeded with approval from the director, as long as the edges, adjacent
to the curb and within six (6) feet of the sidewalk or curb, are sodded,
to reduce water and soil runoff.
(h)
Park space.
If used for recreation, a park shall
not have impervious cover exceeding 20% of the space area.
(i)
Open space.
Residential and nonresidential developments
shall provide 20% open space with a minimum of 50% of that open space
being "usable open space." Elements, both in terms of quality and
quantity, shall be in scale with the development and appropriately
aligned with its land uses, as determined by the director.
(j)
Credit for existing trees.
Any protected trees,
other than type 3 trees, preserved on a site meeting the herein specifications
may be credited toward meeting the tree requirement of landscaping
provisions that apply to the area where the tree is preserved. Trees
of exceptional quality due to size, large canopy cover, trunk diameter,
rareness, age, or species may, at the discretion of the director,
be credited as more than one tree under the minimum landscape area
requirements.
(k)
Development entries.
The landscape island at the
main entrances to a development shall be within a platted common area
lot (residential) or landscape easement (commercial). Landscaped entries
shall include a significant entry feature or other focal point, which
may include a monument entrance sign and/or landscaping creating a
"sense of arrival." These features may be subject to a licensing agreement.
Entry designs shall be subject to the approval of the director.
(l)
Unsustainable structures.
For any proposed structure
that does not meet the architectural design standards of the zoning
ordinance, the fire code, or the building code, the following setbacks
and landscape screening apply:
(1)
A fifty (50) foot front yard landscape buffer with two rows
of Eastern Red Cedar planted on a minimum three (3) foot high earthen
berm, each row spaced twenty (20) feet on center, and staggered from
each other;
(2)
Twenty (20) foot side and rear yard landscape buffers with one
row of Eastern Red Cedar trees spaced twenty (20) feet on center.
(m)
Trail connectivity.
All new development should
connect into the city's trail system and provide meaningful pedestrian
opportunities that exemplify Life Connected. The following requirements
apply to all new development, subject to review and approval by the
director:
(1)
Trails shall be provided per the master trails plan.
(2)
Trails shall be provided along floodplains, creeks, utility
easements (e.g. gas and overhead), ponds, open spaces, and other situations
that promote connectivity.
(3)
Connections into the trail system should be provided where possible,
such as at eyebrows, elbows, cul-de-sacs, and other opportunities.
Barrier-free ramps (BFRs) shall be incorporated so that pedestrians
and other trail users do not encounter curbs while recreating.
(4)
Trails shall be adequately shaded, either by existing tree canopy
or a large canopy tree every 50 linear feet. Trails shall receive
adequate safety illumination.
(5)
Trails should receive adequate amenities, such as benches, trash
receptacles, dog waste stations, trail markers where applicable, and
other similar amenities.
(6)
Trails should be concrete and the following widths apply:
(n)
Detention/retention ponds.
Stormwater control
devices, such as detention/retention basins, ponds, conveyance swales,
and linear ditches, shall be landscaped to enhance their visual impacts.
Such landscaping shall not negatively affect the operation of such
devices, but may include suitable planting materials that will help
control siltation, erosion, and improve beautification, and in all
cases the ponds shall be vegetated. Ponds shall be designed per the
following:
(1)
Detention (dry) ponds.
Shall be designed in a
manner to be an amenity to the development by providing a slope no
steeper than six-to-one (6:1), a large canopy tree each fifty (50)
linear feet of the perimeter, benches, a perimeter concrete trail,
and trash receptacles.
(2)
Retention (wet) ponds.
Shall be designed in a
manner to be an amenity to the development by providing a reduced
slope, no steeper than four-to-one (4:1), a large canopy tree each
fifty (50) linear feet of the perimeter, benches, a perimeter concrete
trail, and trash receptacles. Such ponds shall include aeration and
a fountain to ensure water quality.
(3)
Decorative fencing.
Fencing is discouraged; however,
if a safety fence is required, then it should be a minimum four (4)
foot high black tubular metal (such as wrought iron).
(4)
Design.
Pits (holes with sheer walls) are generally
not permitted. The director may discretionarily approve pit designs
in unique circumstances where conformance with design standards is
demonstrated and verified to not be pragmatic. Cost and convenience
are inappropriate conditions to warrant pit consideration. Any pit
design, if approved, must be decorative with masonry cladding, and
decorative metal safety fencing with evergreen landscaping. Additional
amenities, such as benches, concrete trail, and aeration, may be required
by staff.
(5)
Concrete trails.
Concrete paths shall be provided
on top of the bank, around the pond, and shall appropriately connect
into adjacent and internal pedestrian networks. Trails around smaller
ponds may be 5' in width, and trails around larger ponds shall
be a minimum of 8' in width. While the widths of trails may vary,
a minimum 10' flat space is required at the top of the bank.
Alternative designs may be considered by the director.
(6)
Other requirements.
Detention or retention ponds
shall not be within the perimeter roadway buffer. Any concrete structures
over 6" in height, including headwalls, bridges, wall, culverts, retaining
walls, and like structures, shall be clad in masonry. Minor modifications
may be considered for valid constructability issues or geological
and topographical conditions that prevent conformance.
(o)
Sight visibility.
In complying with the landscaping
requirements set forth herein, no landscaping shall be permitted to
cause visibility obstructions and/or blind corners at intersections.
(1)
Landscaping within the triangular visibility area shall be designed
to provide unobstructed vertical cross-visibility at a level between
three (3) and ten (10) feet in height. Trees may be permitted in this
area provided they are trimmed in a manner that prevent limbs or foliage
from extending into the vertical visibility area. The center of roundabouts
or traffic circles shall have enhanced planting, and are encouraged
to have a decorative vertical element, such as art or signage.
(p)
Site utilities.
(1)
All utility lines (including individual service lines, transmission
lines and distribution lines) shall be underground, below the finished
grade of the right-of-way. Any existing poles, guy wires, and related
structures used to support overhead prior to burial shall be removed.
(2)
Utility infrastructure should be mounted on pads at ground level
and appropriately screened. Although discouraged, if within the right-of-way,
equipment should not block sidewalks or visibility at intersections.
(Ordinance 2019-42 adopted 10/8/19; Ordinance
2024-21 adopted 4/9/2024)
(a)
List of approved plant materials.
All required
plant material shall be from the following list unless alternate plant
materials are approved by the director. Additional plant materials
can and are encouraged to be used on the site, but the required plantings
must adhere to the approved plant list. Plants with an asterisk (*)
are appropriate for taller evergreen screening purposes, if appropriately
spaced to create a contiguous opaque screen. The list below is not
intended to be an exhaustive inventory of all possible plants; rather,
it is a selection of plants that are known to be appropriate and suitable
for the city.
|
Article 14.04, Part Two, Table 1. Approved Plant List
| ||
|---|---|---|
|
Large Canopy Trees
| ||
|
Arizona Cypress*
|
Austrian Pine*
|
Cypress (Bald or Pond)
|
|
Bigtooth Maple
|
Burr Oak
|
Caddo Maple
|
|
Cedar Elm
|
Chinquapin Oak
|
Chinese Pistache
|
|
Dawn Redwood
|
Eastern Red Cedar*
|
Ginkgo
|
|
Italian Stone Pine*
|
Live Oak*
|
Mexican Sycamore
|
|
Pecan
|
Red Oak
|
Shantung Maple
|
|
Southern Magnolia*
|
Texas Ash
|
Trident Red Maple
|
|
Small Ornamental Trees
| ||
|
Crape Myrtle (Tree Form)
|
Desert Willow
|
Eve's Necklace
|
|
Italian Cypress
|
Lacey Oak
|
Mexican Buckeye
|
|
Mexican Plum
|
Nelly R. Steven's Holly*
|
Oakland Holly*
|
|
Possumhaw Holly
|
Redbud
|
Magnolia (Teddy Bear or Little Gem)*
|
|
Rusty Blackhaw Viburnum
|
Vitex (Tree Form)
|
Yaupon Holly
|
|
Screening Shrubs (minimum 3' tall at maturity)
| ||
|
Abelia
|
Barberry
|
Boxwood
|
|
Chinese Fringe Flower
|
Cotoneaster
|
Decorative Grasses
|
|
Elaeagnus (Silverberry)
|
Euonymus
|
Indian Hawthorn
|
|
Juniper (several varieties)
|
Texas Sage
|
Holly (several varieties)
|
|
Pollinator Garden Plants
| ||
|
Agastache
|
Autumn Sage
|
Bee Balm
|
|
Black Eyed Susan
|
Blackfoot Daisy
|
Butterfly Bush
|
|
Butterfly Weed
|
Catmint
|
Cedar Sage
|
|
Color Guard Yucca
|
Columbine
|
Coneflower
|
|
Fall Aster
|
Flame Acanthus
|
Gaura
|
|
Goldenrod
|
Indian Blanket
|
Lamb's Ear
|
|
Lantana
|
Milkweed
|
Mistflower
|
|
Mutabilis
|
Phlox
|
Pincushion
|
|
Purple Heart
|
Rattlesnake Master
|
Red Yucca
|
|
Rosemary
|
Russian Sage
|
Salvia
|
|
Skullcap
|
Soft Leaf Yucca
|
Texas Rock Rose
|
|
Tickseed
|
Turks Cap
|
Verbena
|
|
Wormwood
|
Yarrow
|
Zexmenia
|
(Ordinance 2019-42 adopted 10/8/19; Ordinance
2024-21 adopted 4/9/2024)
(a)
General regulations.
While specific landscape
plans are not required for detached single-family homes, the following
standards must be met for new homes prior to the issuance of a certificate
of occupancy.
(1)
Irrigation required.
All front yards must be irrigated
with an automatic underground irrigation system with rain and freeze
sensors and evapotranspiration (ET) weather-based controllers.
(2)
Tree bubblers required.
All trees are to be equipped
with bubbler irrigation systems.
(3)
Mews.
All mews designs must be amenitized per
the subdivision ordinance and Neighborhood Vision Book.
(4)
Yard.
All residential lawns must be covered with
vegetation, grass, or other living groundcover in order to help retain
the soil and prevent erosion. Mulch, living groundcover, gravel, rock
gardens, and decorative stone may be used for creating patterns, beds,
erosion control, and in other limited application; however, their
use shall not be the predominant groundcover.
(A)
Stone, gravel and rock.
If stone,
gravel, decorative rock, crushed granite, or other non-plant derived
materials are used in a residential front yard, no more than thirty
percent (30%) of the yard area may be made up of these materials.
Non-plant derived materials should be used as an accent to the areas
of the lawn made up of sod, living ground cover, low bushes or plants,
or mulch and shall include vegetative plantings within the stone/rock
beds. In no case shall stone, gravel, rock or other non-plant derived
materials be installed so that an impermeable surface area is created.
(B)
Artificial or synthetic turf.
Artificial
or synthetic turf is prohibited in any yard that can be viewed from
a public street.
(C)
Xeriscape.
Also commonly called pollinator
gardens or wildscapes, the use of drought-resistant or native and
adapted plants is not discouraged. When utilized, there should not
be a reduction in the required number of large canopy trees or any
maintenance deferrals that result in a predominance of weeds or other
nuisance, and non-plant material may exceed the 30% standard above
if the drought-resistant garden is heavily planted.
(b)
Required trees.
|
Article 14.04, Part Two, Table 2 Residential Trees
| ||
|---|---|---|
|
Size of Lot
|
Number of Canopy Trees
|
Number of Ornamental Trees
|
|
Urban
|
1 in front yard, when feasible
|
1
|
|
Suburban
|
2 total; 1 in front yard
|
1
|
|
Estate
|
4 total; 2 in front yard
|
1
|
|
Corner lots, all sizes
|
1 additional tree in side yard
|
—
|
(c)
Open space types.
The following table applies
to all new residential development:
|
Article 14.04, Part Two, Table 3. Open Space Types
| |||
|---|---|---|---|
|
Open Space
|
Size and Location
|
Mandatory Elements
|
Additional Elements (Select 2)
|
|
Block Park End Cap
|
• Min. 350 sf
• Central to and walkable for the surrounding 5 —
10 houses
• 5 — 10 users
• Min. 15' width at entry point
• Area shall be contiguous
• Calculation may include area that is less than 15'
wide but contiguous with the park space
|
• Seating
• Shade
• Concrete pathways
|
• Community garden plots
• 50% enhanced planting
• String lighting
• Fire or planting pits
• Picnic tables
• Comparable element to be approved by the director
|
|
Block Park Mid-Block
|
• Min. 350 sf
• Central to and walkable for the surrounding 5-10 houses
• 5-10 users
• Min. 15' width at entry point
• Area shall be contiguous
• Calculation may include area that is less than 15'
wide but contiguous with the park space
|
• Seating
• Shade
• Concrete pathways
|
• Community garden plots
• 50% enhanced planting
• Fire pits
• Picnic tables
• Comparable element to be approved by the director
|
|
Pocket Park
|
• 0.1 — 0.25 acre
• Walkable for the surrounding 25 houses
• 10-25 users
• May be a lot leave-out or trailhead to a larger system,
or a plaza for more dense urban products
• Min. 2,500 sf
• Min. 20' wide at entry point
• Area must be contiguous
• Calculation may include area that is less than 20'
wide but contiguous with the park space
|
• Seating
• Shade
|
• Pathways
• Tot lot
• Community garden plots
• Outdoor quality games (bocce ball, cornhole, chess, connect
4, etc.)
• Shrub row along row sidewalk to provide a soft barrier
from the adjacent roadway
• Comparable element to be approved by the director
|
|
Parklet Park
|
• 0.25 — 1.0 acre
• 25-50 users
• Walkable for less than a 5-minute walk
• Min. 10,000 sf
• Min. 50' at entry point
• Area shall be contiguous
• Calculation may include area that is less than 50'
wide but contiguous with the park space
|
• Seating
• Shade
• Pathways
• Turf area for neighborhood events
|
• At least one play area or tot lot shall be provided for
every 100 homes and protected from adjacent streets by planting, low
wall, or fencing not to exceed 36" in height
• Community garden plots
• Outdoor quality games such as bocce ball, cornhole, chess,
connect 4, etc.
• Fire pits
• String lighting
• Comparable element to be approved by the director
|
|
Neighborhood Park
|
• 0.5 — 2.0 acres
• Min. 20,000 sf
• 50-100 users
• Centrally located within a 1/4 mile to 1/2 mile distance.
Provide multiple neighborhood parks for larger developments. Where
applicable, neighborhood parks shall connect to city parks, schools,
and/or natural corridors and these elements shall be designed to function
well together and form the same space.
|
• Parking
• City of Celina trail gateway signage where connecting
to hike and bike trails
• Seating
• Shade
• Commercial-grade playground
• Play area
• Pathways
|
• Picnic areas
• Additional play areas or fields
• Swimming pool or splash pad
• Fountain
• Gazebo
|
|
Amenity Center
|
• 1.5 Acres+
• Min. 20,000 sf
• Centrally located within a 1/2 mile radius
• Shall generally be included as part of the 1st phase
of development, unless otherwise adjusted by an associated development
agreement or PD
• Multiple amenity centers are required if a neighborhood
is divided by a collector/arterial, or approximately every 600 lots
|
• Parking
• Seating
• Open air or conditioned building
• Shade (at least one structure shall have a solid roof
to provide full shade)
• Commercial-grade playground
• Play area
• Pathways
|
• Picnic areas
• Additional play areas or fields
• Swimming pool or splash pad
• Fountain
• Gazebo
• Community garden plots
• Outdoor quality games such as bocce ball, cornhole, chess,
connect 4, etc.
• Hammocks
• Art
• Commercial-grade fitness equipment
|
|
Linear Park
|
• May be a natural corridor, utility corridor, designed
linear park, or trail connector, if appropriately amenitized
|
• Parking
• Seating
• Shade
• Commercial-grade playground
• Play area
• Pathways
|
• Picnic areas
• String lighting
• Enhanced planting
• Enhanced paving
• Additional play areas or fields
• Fountain
• Gazebo
|
(Ordinance 2019-42 adopted 10/8/19; Ordinance
2024-21 adopted 4/9/2024)
(a)
General requirements.
(1)
Variety.
Applicants are encouraged to plant a
variety of ornamental trees, shrubs, and flowers in addition to the
required plantings to add color and distinction to the site. Any permeable
surface not occupied by trees, shrubs, planting beds, signs, or other
permitted fixtures shall be planted with turf or other living groundcover.
(2)
Stone, gravel, and rock.
If stone, gravel, decorative
rock, crushed granite, or other nonplant derived materials are used
in any landscaped area, no more than twenty percent (20%) of the area
may be made up of these materials. Non-plant derived materials should
be used as an accent to the landscaped areas made up of sod, living
ground cover, low bushes, plants, or mulch and may include vegetative
plantings within the stone/rock beds. In no case shall stone, gravel,
rock or other non-plant derived materials be installed so that an
impermeable surface area is created.
(3)
Artificial or synthetic turf prohibited.
Artificial
turf is generally prohibited, but may be permitted in internal, programmed
areas such as sport courts, courtyards, patios, and locations that
are not visible from a public street.
(4)
Vegetative screening.
Plants and shrubs used for
screening parking lots, mechanical equipment, and other screens shall
be at least twenty-four (24) inches high at time of planting that
will form a continuous hedge. Plants utilized for screening taller
objects or situations should have taller heights at time of planting.
(5)
Non-vegetative screening.
Any landscape barrier
(e.g. decorative walls or earthen berms) shall be a minimum of three
(3) feet high at time of installation.
(b)
Interior landscape requirements.
(1)
Parking lots.
(A)
Parking lot islands and terminus row islands.
Parking lots shall contain curbed landscaped islands located
to best relieve the visual expanse of paving and provide shade. Such
islands shall contain at least one (1) large canopy tree, and shall
be located at the terminus of all parking rows. The remainder of the
island space shall be landscaped with shrubs, lawn, and living groundcover
not to exceed three (3) feet in height. The minimum total area of
such islands shall be approximately 180 square feet (9' X 20')
feet or the size of a parking space, but may be designed so that the
radii helps to facilitate traffic maneuverability. In unique circumstances,
materials suitable for the parking lot island other than natural plant
materials may be approved by the director, such as crushed granite,
river rock, or pavers.
(B)
Parking lot island spacing.
Parking
lot islands shall not be spaced greater than every twelve (12) spaces
unless approved on the landscape plan in order to preserve existing
trees and natural features or due to unique site features. In all
cases, the total area requirements for landscaped islands for the
respective parking areas shall be satisfied.
(C)
Light poles.
All freestanding light
poles shall have a maximum six (6) inch tall base. If a taller base
is proposed, it shall be clad in masonry that matches the primary
structure. All light poles shall be placed within a conforming landscaped
area or other raised bed to distinguish it from the parking spaces
and minimize vehicle contact.
(2)
Drive aisles.
(A)
Divided driveways.
Developments shall
construct a divided driveway at the main entrance when aligned with
a median break.
(B)
Vehicular access drives.
Along major
access lanes, a 10' wide landscape buffer with a 5' wide
concrete sidewalk and a small ornamental tree every thirty (30) linear
feet is required.
(C)
Drive-thrus.
A raised, minimum 6'
wide landscape island is required along the edge of drive-thrus to
separate and screen them from other vehicular use areas. Comparable
screening or landscaping may be considered by staff.
(3)
Interior sidewalks.
(A)
Big box walkway.
"Big box" stores
or large shopping centers, in lieu of providing a tree every twelve
(12) parking spaces, may choose to provide a centralized, concrete
pedestrian avenue, with a large canopy tree every thirty (30) linear
feet, subject to review and approval by the director. This does not
waive the requirement for trees located at the terminus of each parking
row.
(B)
Facade trees.
In "big box" or shopping
center developments of 50,000 square feet or more, or with long in-line
facades, a small ornamental tree shall be planted every forty (40)
feet on center within a minimum twelve (12) foot wide sidewalk along
active storefronts.
(C)
Storefront sidewalks.
Active retail
storefronts shall maintain a minimum 10' wide concrete sidewalk.
Entrances and crosswalks should receive decorative paving.
(4)
Open areas.
Open spaces shall have one (1) large
canopy tree planted every 5,000 square feet, in addition to amenities
such as seating or other gathering opportunities. Staff may authorize
minor modifications for tracts with extensive perimeter ROW tree requirements,
tracts with extensive tree cover, or for areas intended for active
recreation or detention.
(5)
Exception to interior landscape requirements.
Industrial uses may be exempt from the interior landscape requirements,
subject to review and approval by the director, but perimeter landscaping
requirements, listed below, must be met.
(c)
Perimeter landscape requirements.
(1)
Right-of-way adjacencies.
(A)
All nonresidential developments (including multifamily)
shall screen vehicular use areas from the public right-of-way with
an evergreen hedge, berm, or other durable landscape barrier, or a
combination of the above.
(B)
Landscape easements adjacent to the public right-of-way
shall contain at least one (1) large canopy tree for every forty (40)
linear feet or fraction thereof of street frontage, inclusive of driveways.
(C)
In addition, one (1) small ornamental tree shall
be provided for every forty (40) linear feet or fraction thereof of
street frontage, inclusive of driveways.
(2)
Nonresidential adjacencies.
(A)
All nonresidential developments (including multifamily)
shall provide a landscape buffer of ten (10) feet when adjacent to
land uses other than single-family.
(B)
Landscape buffers adjacent to similar land uses
shall contain at least one (1) large canopy tree for every forty (40)
linear feet or fraction thereof of adjacency.
(C)
In addition, one (1) small ornamental tree shall
be provided for every forty (40) linear feet or fraction thereof of
adjacency.
(D)
When the land uses are within the same shopping
center, the landscape buffer between property lines may be reduced
to a total of ten (10) feet (e.g. five feet from each lot) and trees
may serve as credit to both properties, in certain circumstances,
with the approval of the director. The minimum landscape buffer adjacent
to the railroad tracks is 20' wide when outside of downtown.
(3)
Residential adjacencies.
(A)
All nonresidential developments (including multifamily)
shall provide a minimum landscape buffer of twenty (20) feet when
adjacent to single-family residential properties.
(B)
Landscape buffers adjacent to single-family residential
properties shall contain at least one (1) large evergreen canopy tree
for every thirty (30) linear feet or fraction thereof of adjacency.
(C)
In addition, one (1) small ornamental tree shall
be provided for every thirty (30) linear feet or fraction thereof
of adjacency.
(d)
Enhancements and open space.
(1)
Purpose.
The purpose of the site enhancements
and open space systems is to allow developers the freedom to design
interesting and unique landscaping to augment the architecture and
theme of the development. Developers are encouraged to be creative
in selecting the amenity type to create unique and memorable features.
Elements, both in terms of quality and quantity, shall be in scale
with the development, as determined by the director. The element lists
in each category are not intended to be exhaustive, but provide general
guidance for the expected level of quality for the development.
(3)
Site enhancements.
Applicants shall choose three
(3) of the following elements:
(A)
Enhanced landscaping: One canopy and one ornamental
tree every thirty (30) feet around the perimeter (instead of every
forty (40) feet);
(B)
Enhanced landscaping: One tree within an island
every ten (10) parking spaces (instead of every twelve (12) spaces);
(C)
Enhanced streetscape elements (e.g. decorative
lampposts, benches, trash receptacles, decorative bollards, etc.);
(D)
Buffer berms (providing 3-foot high berms along
the street frontage);
(E)
Shade structure for outdoor seating areas;
(F)
Foundation plantings along seventy-five percent
(75%) of the building's primary facade;
(G)
Public art (e.g. obelisks, sculptures, murals,
statues, clock towers, water fountains, etc.);
(H)
Other - A developer may propose an unlisted landscape
element if it meets the spirit and intent of the ordinance.
(4)
Minor open space (MOS).
Applicants shall choose
three (3) of the following elements:
(A)
Min. 5' wide pathway connecting elements within
the open space;
(B)
Shade trees spaced in a manner to provide shade
to the open space;
(C)
Seating areas (benches, natural seating, tables
and chairs, etc.);
(D)
Play areas (play structures, sport courts, exercise
equipment, etc.);
(E)
Shade structures (pavilions, trellis, cabanas,
overhead building extensions, etc.);
(F)
Patio/plaza/synthetic turf space for gathering
area;
(G)
Jogging trails or connections into the trail system;
(H)
Entry monumentation (columns, plaques, signage,
art, etc.);
(I)
Sculpture and/or decorative fountains;
(J)
Decorative fencing;
(K)
Pollinator gardens or raised planter beds;
(L)
Other - A developer may propose an unlisted landscape
element if it meets the spirit and intent of the ordinance.
(5)
Signature open space (SOS).
Improvements shall
be required in conjunction with any commercial or multifamily building
15,000 square feet (cumulatively counted) or larger (excluding MF-3).
Shared, regional approaches are encouraged. Applicants shall choose
4 of the following elements:
(A)
A decorative pathway with enhanced pavement traversing
the open space with adequate illumination;
(B)
Patio/plaza/synthetic turf space of adequate size
for mass gathering space;
(C)
Signature tree;
(D)
Furniture and monuments, such as benches, low masonry
seating walls, trash receptacles, and education plaques;
(E)
Overlook (in association with retention/detention
ponds or other comparable situations);
(F)
Sculptures, and/or pedestrian entry monuments/gateways;
(G)
Water features, excluding required retention/detention
ponds;
(H)
Shade structures such as pavilions or pergola;
(I)
Incorporation and integration of natural features,
such as creeks, drainage areas, riparian woodlands, floodplains, and
waterways, where and when practical, in compliance with all engineering
design standards;
(J)
Detention or retention ponds shall be considered
if they are meaningfully incorporated into the SOS design, accessible
to the public, and meet the base design regulations for detention/retention
ponds.
(6)
Amenity center open space.
Applicants shall choose
2 major and 3 minor of the following elements:
(B)
Minor:
(i)
Dog park (sufficiently sized with appropriate amenities);
(ii)
Playground;
(iii)
Splash pad or tot lot;
(iv)
Shade structures (gazebo or pavilion);
(v)
Improved picnic areas (with tables, grills, outdoor
kitchens, shading);
(vi)
Gathering areas (fire pits, lawn games, putting
green, etc.).
(vii)
Other - A developer may propose an unlisted landscape
element if it meets the spirit and intent of the ordinance.
(Ordinance 2019-42 adopted 10/8/19; Ordinance
2024-21 adopted 4/9/2024)
A landscape buffer is an open, landscaped area that is adjacent
to the ultimate right-of-way line.
(1)
Minimum width of landscape buffers along roadways as shown
on the master thoroughfare plan.
(A)
6-lane divided roadway (or greater): 40' wide.
(B)
4-lane divided roadway: 30' wide.
(C)
Adjacent to all other streets: 20' wide.
(D)
Major public access drives within commercial centers shall provide
a minimum 10' wide landscape buffer (and 5' wide concrete
sidewalk) with associated landscaping.
(E)
Where utility easements conflict with landscape buffers, the
landscape buffers shall be widened to accommodate the required landscaping.
(F)
When circumstances exist that may restrict the ability of an
applicant to comply with the letter of the minimum widths referenced
above, the director may allow some flexibility so long as the overall
intent of the ordinance is met, such as when deceleration lanes are
required or when existing, nonconforming situations are present. For
all nonresidential and multifamily parcels located at the intersection
of two (2) dedicated public rights-of-way (ROW), a minimum twenty
(20) foot landscape buffer shall be provided parallel to the corner
clip right-of-way dedication. The twenty (20) feet shall be measured
from the property line.
(Ordinance 2019-42 adopted 10/8/19; Ordinance
2024-21 adopted 4/9/2024)
(a)
Purpose.
The purpose of this section is to encourage
the preservation of mature trees which, once removed, cannot be replaced
by equivalent trees, to preserve the health and viability of retained
trees during construction, and to control the removal of protected
trees when necessary. It is the intent of this section to achieve
the following:
(1)
Prohibit the indiscriminate clearing of property;
(2)
Protect and increase the value of residential and commercial
properties within the city;
(3)
Maintain and enhance a positive image for the attraction of
new business enterprises to the city;
(4)
Protect healthy quality trees and promote the natural ecological
environmental and aesthetic qualities of the city; and
(5)
Help provide needed shaded areas in order to provide relief
from the heat by reducing the ambient temperature.
(b)
Construction regulations.
(1)
Tree pruning restrictions.
No protected tree shall
be pruned in such a manner which significantly disfigures the tree
or in a manner which would reasonably lead to the death of a tree,
except where such pruning is necessary for the safety of the public
or to maintain utility service. Utility companies may prune trees
as necessary to reestablish disrupted utility service. The practice
of "topping" trees, either ornamental or canopy, is absolutely prohibited
except when necessary for utility provision, public safety, or some
other official nuisance.
(2)
Fill and grading.
The area within the drip line
of a protected tree shall not be filled or graded.
(3)
Maintenance after development.
If any of the trees
required to be retained or trees planted as a part of this part should
die within a period of one year after completion of the activities
associated with construction, the owner of the property shall replace
the trees within six (6) months at a ratio of three-to-one (3:1) with
an approved large canopy tree from the recommended plant materials
chart, which is the same size as the tree removed.
(c)
Regulations prior to construction.
(1)
Tree flagging.
All protected trees on the subject
property within forty (40) feet of a construction area or surface
improvements such as driveway, walks, etc., shall be flagged with
bright fluorescent colored vinyl tape wrapped around the main trunk
at a height of five (5) feet or more such that the tape is highly
visible to workers operating construction equipment. This shall not
include the flagging of protected trees adjacent to ROW within approved
residential subdivisions during the construction of the roadway.
(2)
Protective fencing.
Solid, protective fencing
a minimum of four (4) feet in height will be located at the drip lines
of all protected trees that border the limits of construction. In
situations where a protected tree is located within the immediate
area of intended construction, protective fencing will be located
at or beyond the drip line.
(d)
Regulations during construction.
The following
activities shall be prohibited within the limits of the critical root
zone of any protected tree, subject to the requirements of this part:
(1)
Material storage.
No materials intended for use
in construction or waste materials accumulated due to excavation or
demolition shall be placed within the limits of the critical root
zone of any protected tree.
(2)
Equipment cleaning/liquid disposal.
No equipment
shall be cleaned or other liquids deposited or allowed to flow overland
within the limits of the critical root zone of a protected tree. This
would include paint, oil, solvents, asphalt, concrete, mortar or similar
materials.
(3)
Tree attachments.
No signs, wires or other attachments,
other than those of a protective nature shall be attached to any protected
tree.
(4)
Vehicular traffic.
No vehicular and/or construction
equipment traffic or parking shall take place within the limits of
the critical root zone of any protected tree other than on an existing
street pavement. This restriction does not apply to single incident
access within a critical root zone for purposes of clearing underbrush,
emergency restoration of utility service, or routine mowing operations.
(5)
Grade changes.
No grade changes (cut or fill)
shall be allowed within the limits of the critical root zone of any
protected tree unless adequate construction methods are approved by
the director.
(6)
Impervious paving.
No paving with asphalt, concrete,
or other impervious materials in a manner which may reasonably be
expected to kill a tree shall be placed within the limits of the critical
root zone of a protected tree.
(7)
Removal of protective fencing.
Protective fencing
may only be removed from the construction site at the time of the
installation of additional, permanent landscaping features.
(8)
Landscape protection.
All landscaping shall be
installed in a sound manner and in accordance with accepted good planting
procedures. Landscape areas, both retained and proposed, shall be
protected from vehicular encroachment during and after the construction
phase by appropriate barriers.
(e)
Permanent construction methods and standards.
(1)
Boring.
Boring of utilities under protected trees
may be required in certain circumstances. When required, the length
of the bore shall be the width of the critical root zone at a minimum
and shall be a minimum depth of 48 inches.
(2)
Trenching.
All trenching where possible shall
be designed to avoid trenching across the critical root zone of any
protected tree. This shall not inhibit the placement of necessary
underground services such as electric, telephone, gas, etc.
(3)
Root pruning.
It is recommended that all roots
two (2) inches or larger in diameter which are exposed as a result
of benching or other excavation be cut off square with a sharp medium
tooth saw and covered with pruning compound within two (2) hours of
initial exposure.
(4)
Signage.
It shall be unlawful and prohibited to
cut trees or similar clearing of vegetation on public rights-of-way
to provide better view of off-premises signs.
(Ordinance 2019-42 adopted 10/8/19; Ordinance
2024-21 adopted 4/9/2024)
(a)
Permit required.
Prior to the removal or the critical
alteration of any protected tree in the city, an application for a
tree removal permit must be submitted and approved, unless otherwise
exempt under a provision of the ordinance from which this section
derives. Prior to the issuance of any development related permits,
including grading, an application for tree removal, or a note stating
that no protected trees are located on-site, must be submitted to
the city. The application of tree removal shall include a tree survey.
Any tree survey proposing the removal of a protected tree or trees
shall be accompanied by a tree removal application. The burden shall
be upon the applicant to show the necessity for any and all trees
proposed for removal.
(b)
Fees.
In the event that it is necessary to remove
a protected tree, the applicant shall be required to pay into the
city's tree fund according to the master fee chart, or, with
the approval of the director, replace the removed trees according
to the city's tree valuation schedule and governing state law,
prior to the issuance of any development-related permits, including
grading.
(c)
Mitigation.
Tree removal fees must be paid to
the city based on the tree valuation schedule as listed in the master
fee schedule, using the ratio and percentages below. This fee shall
be paid in addition to any tree removal permit fee and shall be held
in a separate account (the tree fund) to be used exclusively for future
installation of trees within public land owned by the city, or other
city projects in conformance with the city's long-range plans.
|
Article 14.04, Part Two, Table 5. Trees Valuation Schedule for Mitigation
| ||
|---|---|---|
|
Type 1
100% Value
5:1 Replacement Ratio
|
Type 2
50% Value
3:1 Replacement Ratio
|
Type 3
10% Value
1:1 Replacement Ratio
|
|
Floodplain trees (regardless of species)
All Oaks
Pecan
|
All Ash Trees
All Elms
All Pines
Hickory
Black Walnut
|
Common Hackberry
Bois d'Arc
Cottonwood
Junipers
Cedars
Mesquites
Willows
|
|
The type and value of any trees not listed in the chart will
be determined by staff based upon industry standards and research.
| ||
(1)
When replacement trees are utilized to satisfy mitigation requirements,
the landscape plan shall distinguish the replacement trees from the
required trees and include their caliper size, species name, and common
name.
(2)
Any required replacement tree shall not be planted within an
area such that the mature canopy of the tree will interfere with overhead
utility lines, or that the mature root zone of the tree interferes
with underground public utility lines.
(3)
Trees required to be added to the development per the landscaping
requirements in the zoning ordinance or by virtue of deed restrictions
shall not be considered or credited as replacement trees.
(d)
Enforcement.
(1)
Any person, property owner, firm, corporation, agent, or employee
thereof who violates any of the provisions of this article shall be
deemed guilty of a misdemeanor and upon conviction hereof shall be
fined a penalty of a sum not to exceed the amount listed in the master
fee schedule and allowed by state law. A separate offense shall be
deemed to be committed on each day during or on which a violation
occurs. The unlawful destruction or removal of each protected tree
shall be considered a separate offense and each offense subjects the
violator to the maximum penalty not to exceed the amount listed in
the master fee schedule per tree for each day that the tree is not
replaced. Unless otherwise specifically set forth herein, or in state
law as adopted, allegation and evidence of culpable mental state are
not required for the proof of an offense defined by this article.
(2)
No acceptance of public improvements shall be authorized until
all fines for violations of this part have been paid to the city.
(3)
No certificate of occupancy shall be issued until all fines
for violations of the ordinance from which this article derives have
been paid to the city.
(4)
Tree replacement fees are listed in the master fee schedule
and shall apply to all tree mitigation.
(5)
Denial.
The director shall deny a tree removal
application if it is determined that any of the following conditions
exist:
(A)
Removal of the tree is not reasonably required
in order to conduct anticipated activities or to develop the property;
or
(B)
A reasonable accommodation can be made to preserve
the tree; or
(C)
The purpose and intent of this part is not being
met by the applicant.
(D)
The tree, due to noteworthy species, age, or rarity,
warrants extra protection.
(6)
Appeals.
Any decision made by the director may
be appealed to the planning and zoning commission acting as the tree
board. All decisions made by the commission shall be final and binding.
(7)
Permit expiration.
Permits for tree removal issued
in conjunction with a building permit shall be valid for the same
period of time as that of the associated building permit's term.
Permits for tree removal not issued in connection with a building
permit shall become void 180 days after the issue date on the permit.
(e)
Tree survey required.
Tree surveys shall include:
(1)
All individual trees which have a DBH of six (6) inches or greater
or which are otherwise noteworthy because of species, age, or rarity;
(2)
A tree location map identifying each tree by its caliper size
(at DBH), common name, scientific species categorization, whether
the tree is located in a floodplain or not, and whether the tree is
proposed to be removed, relocated, or preserved;
(3)
The location of all existing and proposed buildings, structures,
floodplains, pools, and other existing or proposed improvements for
the site, including the limits of construction line, if applicable;
and
(4)
The name and phone number or arborist, licensed surveyor, landscape
architect, or other professional who prepared the survey.
(5)
These requirements may be modified by the director as needed
to administer the ordinance from which this section derives. Upon
prior approval by the director, the map exhibit may be limited only
to the applicable portion of the site. An aerial photograph may be
allowed if a mass of trees exists that makes individual counting impractical
and it clearly meets the intent of the ordinance.
(f)
Penalties for unauthorized tree removal.
(1)
No protected trees shall be removed from any location without
prior approval by the director. Any such person who has removed trees
or caused trees to be removed shall be in violation of the ordinance.
(2)
Any person who removes or causes trees to be removed shall be
subject to penalties including, but not limited to:
(A)
Payment of double the tree removal permit fee,
including any other penalties as determined by the master fee chart.
(B)
Engage and pay costs for an arborist or landscape
architect to determine the value of the trees removed in violation
of the zoning ordinance.
(C)
All associated permits shall be withheld until
tree mitigation has been resolved.
(g)
Exceptions.
A tree removal permit and tree mitigation
shall not be required under any of the following circumstances:
(1)
Residential property.
An individually platted
parcel zoned for residential uses shall be exempt from the tree protection
and replacement requirements of this article as long as the minimum
number of trees required by the zoning ordinance is maintained.
(2)
Damaged/diseased trees.
The tree is dead, diseased,
damaged beyond the point of recovery, in danger of falling, or endangers
the public health, welfare or safety, as determined by the director.
This provision includes removal of a diseased tree by the city to
reduce the chance of spreading the disease to adjacent healthy trees.
This exception does not apply to newly planted trees that have died
that are part of landscape plan, nor native trees that have short
shelf lives.
(3)
Public infrastructure.
Rights-of-way as shown
on the master thoroughfare plan, capital improvement projects, bridges,
utilities as shown on the master utility plan, trails as shown on
the master trail plan, or other activity conducted by or for a governmental
entity.
(4)
Utility service interruption.
The tree has disrupted
a public utility service due to a tornado, storm, flood, or other
weather condition. Removal shall be limited to the portion of the
tree reasonably necessary to re-establish and maintain reliable utility
service.
(5)
Existing trees.
Staff can require the applicant
to remove any type 2 or type 3 tree(s) that may interfere with site
design, whose longevity is in question, or is otherwise problematic,
and can reduce associated fees accordingly.
(6)
Business interests.
The following business ventures
shall be exempt from the requirements specified herein as follows:
(A)
Landscape nursery.
All licensed plant
or tree nurseries shall be exempt from the tree protection and replacement
requirements and from the tree removal permit requirements.
(B)
Golf course.
Golf courses shall be
exempt from the tree protection and replacement requirements and from
the tree removal permit requirements for removal of protected trees
within areas designated as tee boxes, fairways or greens. All other
areas shall be subject to these requirements.
(C)
Property zoned agricultural.
Property
zoned agricultural and being actively used for agricultural purposes
shall be exempt from the requirements specified herein.
(Ordinance 2024-21 adopted 4/9/2024)
