(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. In addition, any project
authorized as a planned development (PD) must comply with the landscaping
standards set forth in the PD, which should equal or exceed those
listed in this article. 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.
(2)
The official tree board for the city shall be the planning and zoning
commission.
(c)
Enforcement.
The provision 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.
(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 development services department and approved by the director
or his designee.
(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 a CO is sought during the summer months (June, July, and August,
or during a stage 3 or stage 4 drought situation, as determined at
the sole discretion of the city, 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 the 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 shall be revoked.
(e)
Tree survey required.
All grading permits, building
permits, tree removal permits, and any other development and construction
permits shall include a tree survey of the subject property, or a
note stating that no protected trees are located on-site. 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, or landscape
architect 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)
Tree removal/alteration.
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.
(1)
Tree removal permit.
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.
(2)
Fees.
Tree removal fees are specified in the master
fee schedule.
(3)
Authority for review.
The director shall be responsible
for the review and approval of all permit applications for tree removal.
(4)
Denial.
The director shall deny a tree removal application
if it is determined that any of the following conditions exist:
(5)
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.
(6)
Permit expiration.
Permits for tree removal issued in
connection 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.
(g)
Penalties for unauthorized tree removal.
(1)
No protected trees shall be removed from any location without prior
approval by the development services 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.
(B)
Engage and pay costs for an arborist or landscape architect (of the
city’s choosing) to determine the value of the trees removed
in violation of the zoning ordinance and pay double the amount determined
to the city into the tree fund.
(C)
All permits shall be withheld until tree mitigation has been resolved.
(h)
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 and used as a homestead 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, until such time as the property is no longer used as
a single-family residence.
(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, capital improvement
projects, bridges, and other activity conducted by 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 reestablish and maintain reliable utility
service.
(5)
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 2019-42 adopted 10/8/19)
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 use of landscaping (other than grass on flat terrain),
either alone or in conjunction with berms, walls or decorative fences
that at least partially and periodically obstruct the view from the
street, in a continuous manner, of vehicular use areas, parking lots
and their parked cars and detention ponds.
That portion of a building site exclusive of the required
yard areas on which a structure or building improvements may be erected
and including the actual structure, driveway, parking lot, pool and
other construction as shown on a site plan.
The actual foundation area of a building and a fifteen (15)
foot buffer around the foundation necessary for construction and grade
transitions.
The diameter of a tree trunk measured twelve (12) inches
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.
Engineering or architectural drawings which have been prepared
by an authorized individual and approved by the authorized authority,
that describe in detail by measurements and specifications the method
and manner in which a building, structure, utility, street or physical
alteration to land or structure is to be accomplished.
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 director of development services of the City of Celina
or his 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. Characteristics of drought tolerant
plants include: small, narrow, or pinnate leaves; fuzzy surfaces;
resinous surfaces; leathery leaves; and/or succulence.
Snow fencing, chainlink fencing, orange vinyl construction
fencing or similar fencing with a four (4) foot approximate height.
The city manager, or his/her designee, 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. Grass areas shall be sodded, plugged, sprigged, hydro-mulched,
or seeded, except that solid sod shall be used in swales, or when
necessary to prevent erosion. Grass areas shall be established with
100 percent (100%) coverage and seventy percent (70%) density with
an approved perennial grass prior to the issuance of a certificate
of occupancy.
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 Celina 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 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 (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 at least seven (7) feet at
planting, 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. For the purpose of determining size, replacement trees should
be measured at a point six (6) inches above the ground.
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.
Tree, valuation.
An established value set by the National Arborist Association per the tree valuation schedule, set forth herein to be used for all purposes of this article. See section 14.04.211, tree mitigation.
Vegetation that because of its height and growth pattern
is objectionable, unsightly, 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. On corner lots,
the “front yard” shall face the street on which the lot
has the shortest dimension.
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)
(a)
Landscape plan submittal.
Landscape plans shall be submitted
to the development services department as a part of the site plan
submittal, building permit, and paving, grading, or construction permit.
The director shall review such plans for compliance with these regulations.
If the plans are not in accord, they shall be disapproved and shall
be accompanied by a written statement setting forth the changes necessary
for compliance.
(b)
Landscape plan requirements.
All required components
of the landscape plan are listed in the landscape plan checklist,
available on the City of Celina website.
(c)
Additional requirements.
(1)
No substitutions for plant materials are allowed without approval
by the director and acknowledged by an approval stamp on the landscape
plan.
(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 and approved
by the director. 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, trees shall not be planted underneath
the lines and should be oriented in a manner to avoid conflict. However,
substitution of plant material is not allowed without prior written
authorization from the director.
(4)
All trees on commercial lots 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, etc.) shall be a chip and flake resistant
metal, decorative, and generally black or dark in color.
(d)
Landscape plan standard notes.
The following standard
notations shall be placed on all landscape plans:
(1)
“The owner, tenant and their agent, if any, shall be jointly
and severally responsible for the maintenance of all landscaping.
All required landscaping shall be maintained in a neat and orderly
manner at all times. This shall include mowing, edging, pruning, fertilizing,
watering, weeding, and such activities common to the maintenance of
landscaping.”
(2)
“Landscape areas shall be kept free of trash, litter, weeds
and other such material or plants not a part of the landscaping.”
(3)
“No substitutions for plant materials without approval by the
director.”
(4)
“The right-of-way adjacent to required landscape areas shall
be maintained by the property owner in the same manner as the required
landscape area. All driveways shall maintain site visibility. All
plantings intended for erosion control will be maintained. The city
may require revegetation to prevent erosion or slippage.”
(5)
“All plant material shall be maintained in a healthy and growing
condition as is appropriate for the season of the year. Plant materials
which die shall be replaced with plant material of similar variety
and size.”
(6)
“When overhead or underground utilities are present, landscape
plan alterations may be considered by the director.”
(7)
“All required landscape areas shall be provided with an automatic
underground irrigation system with rain and freeze sensors and/or
evapotranspiration (ET) weather-based controllers and said irrigation
system shall be designed by a qualified professional and installed
by a licensed irrigator.”
(8)
“All trees are to be equipped with a bubbler irrigation system.”
(9)
“Required landscaped open areas and disturbed soil areas shall
be completely covered with living plant material.”
(10)
“All streetscape furniture (benches, bollards, lampposts, trash
receptacles, patio furniture, bike racks, etc.) shall be a chip and
flake resistant metal, decorative, and generally black “storm
cloud” or comparable in color.”
(11)
“Excessive pruning of plant materials is prohibited (e.g. topping
crape myrtles, pruning “up” creating a carrot top).”
(Ordinance 2019-42 adopted 10/8/19)
(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. Unless otherwise noted on the approved landscape
plan, required plant material can be placed in groupings or utilized
in appropriate planting designs that are proposed by the designer
and approved by the director. 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 a species recommended by the landscape
architect and approved on the landscape plan. All required trees shall
be common to this area of Texas. 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,
unless otherwise approved by the director.
(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 used in conjunction with fences,
screens or walls to meet screening requirements as specified.
(f)
Groundcover.
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)
Credit for existing trees.
Any protected 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.
(i)
Detention/retention ponds.
Stormwater control devices,
such as detention/retention basins and ponds, 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 and erosion, and in all
cases the ponds shall be sodded. Ponds shall be designed in one of
the following ways, subject to review and approval by the director
of engineering:
(1)
Detention (dry) ponds.
Shall be designed in a manner
to be an amenity to the development by providing a reduced six-to-one
(6:1) slope, shall provide a large canopy tree each fifty (50) linear
feet of the perimeter, benches, and trash receptacles.
(2)
Retention (wet) ponds.
Shall be designed in a manner
to be an amenity to the development by providing a six-to-one (6:1)
slope, a large canopy tree for each fifty (50) linear feet of the
perimeter, benches, and trash receptacles. Such ponds shall include
aeration and a fountain to ensure water quality.
(3)
Fencing.
A minimum four (4) foot high black tubular
metal (such as wrought iron) protective safety fencing around the
perimeter may be required for safety purposes, as determined by the
director.
(Ordinance 2019-42 adopted 10/8/19)
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.
|
Article 14.04, Part Two, Table 1 Approved Plant List
| ||
|---|---|---|
|
Large Canopy Trees
| ||
|
Arizona Cypress*
|
Austrian Pine*
|
Bald Cypress
|
|
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
|
Teddy Bear Magnolia*
|
|
Rusty Blackhaw Viburnum
|
Vitex
|
Yaupon Holly
|
|
Medium Trees (when appropriate)
| ||
|
Ginko
|
Golden Raintree
|
Lacey Oak
|
|
Pond Cypress
|
Shantung Maple
|
Little Gem Magnolia*
|
|
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)
|
(Ordinance 2019-42 adopted 10/8/19)
(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)
Yard:
All residential lawns must be covered with vegetation,
including grass, living groundcover, mulch, and/or decorative stone,
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 (e.g. AstroTurfTM).
Artificial or synthetic turf is prohibited in any yard that can be
viewed from a public street.
(C)
Xeriscape.
When a xeriscape plan is used, refer to section 14.06.210 [section 14.04.209] for detailed regulations.
|
(1)
|
Residential development entries. The
landscape island at the main entrances to the residential development
shall be within a platted common area lot located in the median of
the divided entry access point, to be owned and maintained by the
homeowners association (HOA). Landscaped entries shall include a significant
entry feature or other focal point, which may include a monument entrance
sign 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.
| |
|
(2)
|
Unsustainable structures. In addition to the requirements listed herein for residential development, any proposed structure that does not meet the architectural design standards of article 14.06 [article 14.04, part one] of the zoning ordinance, the fire code, or the building code, the following setbacks and landscape screening apply:
| |
|
|
(A)
|
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;
|
|
|
(B)
|
Twenty (20) foot side and rear yard landscape buffers with one
row of Eastern Red Cedar trees spaced twenty (20) feet on center.
|
(b)
Residential vegetation requirements.
Trees shall be
planted as referenced in the table 6, below. Trees planted in the
front yard or side yard on a corner shall be planted in the area between
residence and the sidewalk, unless the subdivision is specifically
designed to accommodate this tree location with sidewalks set back
from the street a minimum of eight (8) feet.
|
Article 14.04, Part Two, Table 2 Trees and Shrubs Required per Residential Lot
| |||
|---|---|---|---|
|
Size of Lot
(square feet)
|
Number of Large Trees
|
Number of Ornamental Trees
|
Number of Shrubs
|
|
Up to 7,000
|
1 in front yard
|
1
|
12
|
|
7,001 to 10,000
|
2 total; 1 in front yard
|
1
|
15
|
|
10,001 to 1/2 acre
|
4 total; 2 in front yard
|
2
|
20
|
|
Greater than 1/2 acre
|
6 total; 3 in front yard
|
3
|
24
|
|
Corner lots, all sizes
|
1 additional tree on side facing street
|
-
|
-
|
|
Note 1. All Trees Must be spaced appropriately, subject to review
and approval of the director.
|
|
Note 2. Urban living single-family units may need to modify
the requirements listed above due to space restrictions, subject to
review and approval of the director.
|
(Ordinance 2019-42 adopted 10/8/19)
(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 non-plant 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 (e.g. AstroTurfTM).
Artificial turf is prohibited.
(4)
Vegetative screening.
(A)
Plants and shrubs used as hedge-row screens shall be at least twenty-four
(24) inches high at time of planting and shall be a type and species
from the recommended plant list that will attain a minimum height
of three (3) feet within eighteen (18) months of planting and will
form a virtually continuous hedge.
(B)
Plants and shrubs used as perimeter screens shall be at least thirty-six
(36) inches high at time of planting and shall be a type and species
from the recommended plant list that will attain a minimum height
of six (6) feet within three (3) years of planting
(5)
Non-vegetative screening.
Any landscape barrier (e.g.
screening walls or earthen berms ) shall be a minimum of three (3)
feet high at time of installation.
(6)
Unsustainable structures.
In addition to the requirements listed herein for non-residential development, any proposed structure that does not meet the architectural design standards of article 14.06 [article 14.04, part one] of the zoning ordinance, the fire code, or the building code, must also meet the following setback and landscape screening regulations: a minimum fifty (50) foot front, side, and rear yard landscape buffer with two rows of Eastern Red Cedar, each row spaced twenty (20) feet on center and staggered from each other. The front setback shall include a minimum three (3) foot high berm on which the trees shall be planted.
(b)
Interior landscape requirements.
(1)
Parking lots.
(A)
Parking lot islands and terminus row islands.
Parking lots shall contain landscaped islands located so as 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.
(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. 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.
(C)
Parking lot swales.
The use of landscaped swales
in lieu of curbs may be allowed on a case-by-case basis, as approved
by the director. Associated drainage plans must be submitted and approved
by the director of engineering if this option is proposed.
(D)
Earthen berms.
Landscaped earthen berms in height
of three (3) feet are encouraged as parking lot screening.
(E)
Parking lot light poles.
All freestanding parking
lot light poles shall have a maximum six (6) inch tall metal base.
If a larger base is proposed, it shall be clad in masonry that matches
the adjacent structures. All parking lot poles shall be placed within
a landscaped area or other raised bed to distinguish it from the parking
spaces and minimize vehicle contact.
(2)
Drive aisles.
(A)
Divided driveways.
Commercial parking lots containing more than 100 parking spaces shall construct a divided driveway with medians at the main entrance and be subject to landscape entry features, described in subsection (B), below. All multifamily developments shall have a divided entrance drive and be subject to landscape entry features, described in subsection (B), below.
(B)
Landscape entry features.
Landscape entrance features
are required at the main entrances to the commercial parking lots
over 100 spaces or any multifamily development and shall be within
a platted lot located in the median of the divided entry access point,
to be owned and maintained by the property owners association. These
landscaped entryways shall each be a minimum of five (5) feet in width
to allow for irrigation and landscaping. Landscaped entries shall
include a significant entry feature or other focal point, which typically
includes a monument entrance sign. Landscaped entry features may be
subject to a licensing agreement and are shall be subject to the approval
of the director.
(C)
Vehicular access drives.
A small ornamental tree
is required along major access lanes every thirty (30) linear feet
within a development, subject to review and approval by the director.
(D)
Curbs.
All landscaped areas will be protected
by a raised four (4) inch concrete curb and/or wheel stop. Wheel stops
are required for all perimeter parking spaces unless parking lot swales
are used. Pavement will not be placed closer than four (4) feet from
the trunk of a tree unless approved by the director.
(3)
Interior sidewalks.
(A)
Big box or shopping center parking lot walkway.
“Big box” stores or large shopping centers, in lieu of
providing a tree every twelve (12) parking spaces, may choose to provide
a minimum ten (10) foot wide continuous landscape island every eight
(8) single rows of parking, 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)
Facades of big box stores or shopping centers.
In “big box” or shopping center developments of 50,000
square feet or more, a medium or small ornamental tree shall be placed
in tree grates or tree wells every forty (40) feet on center within
a minimum twelve (12) foot wide sidewalk along active storefronts.
Trees may be clustered so not to block the primary entrance.
(C)
Pedestrian crosswalks.
All commercial developments
submitted after the adoption of this ordinance shall be required to
include stained and stamped crosswalks from parking lots or secondary
structures to the main entrances of the buildings and other areas,
as determined by the director.
(4)
Exception to interior landscape requirements.
Industrial
uses shall 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)
Landscaping adjacent to rights-of-way.
(A)
All non-residential developments (including multifamily) shall be
screened 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.
(D)
Trees may be grouped or clustered to facilitate design.
(2)
Perimeter landscaping adjacent to land uses other than single-family.
(A)
All non-residential developments (including multifamily) shall provide
a landscape buffer of ten (10) feet when adjacent to land uses other
than single-family. 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 (i.e. five feet from each lot) in certain
circumstances, with the approval of the director.
(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.
(3)
Perimeter landscaping adjacent to residential.
(A)
All non-residential 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)
Enhanced landscape amenities.
(1)
Purpose.
The purpose of the enhanced landscape amenity
system 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.
(2)
Amenity list.
The following is a list of landscape elements
that may be added to the required landscaping for all commercial developments.
Applicants shall choose three (3) of the following amenities, subject
to review and approval by the director.
(A)
Enhanced landscaping: one tree per every thirty (30) feet of perimeter
landscaping.
(B)
Enhanced landscaping: one tree per every ten (10) parking spaces.
(C)
Enhanced streetscape elements (e.g. decorative lampposts, benches,
trash receptacles, decorative bollards, etc.)
(D)
Use of street furniture (e.g. benches, tables and chairs)
(E)
Buffer berms (providing 3-foot high berms along the street frontage)
(F)
Shade structure for outdoor seating areas
(G)
Use of decorative masonry planters with irrigation (minimum 4)
(H)
Foundation plantings along seventy-five percent (75%) of the building’s
primary facade
(I)
Public art (e.g. obelisks, sculptures, murals, statues, clock towers,
water fountains, etc.)
(J)
Other (a developer may propose a unlisted landscape element if it
meets the spirit and intent of the ordinance, subject to review and
approval by the director)
(3)
Developer discretion.
These regulations are intended
to encourage creativity, safety, visual diversity, and water conservation
in landscaping.
(4)
Scale, size, type.
Elements, both in terms of quantity
and quality, should be in scale with the development, as determined
by the director.
(Ordinance 2019-42 adopted 10/8/19)
Buffers are defined as an open, landscaped areas between the
roadway pavement and any built structure on a lot, and include both
the “parkway” portion of the street right-of-way and the
private land necessary to make up the minimum width required herein.
The roadway parkway is the portion of right-of-way that is typically
sodded and kept clear of trees or deep-rooted shrubs since this is
often the location of underground or above-ground infrastructure,
such as water and sewer lines and electrical wiring, respectively.
Landscape buffers were adopted by city council as part of Ordinance
No. 2018-65 (11-13-18). The following buffer standards apply unless
a more stringent standard applies due to the lot being located in
an overlay district.
(1)
Minimum width of landscape buffers along roadways.
(A)
Adjacent to all six-lane divided streets and limited access roadway
service roads, as shown on the thoroughfare plan, the landscape buffer
shall be a minimum forty (40) feet wide.
(B)
Adjacent to all four-lane divided streets, as shown on the thoroughfare
plan, the landscape buffer shall be a minimum of thirty (30) feet
wide.
(C)
Adjacent to all other streets called out on the thoroughfare plan,
the landscape buffer shall be a minimum twenty (20) feet wide.
(D)
Adjacent to residential streets and other streets not called out
on the thoroughfare plan, the landscape buffer shall be a minimum
of ten (10) feet wide.
(2)
Intent and application of the ordinance.
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.
(3)
Landscape ROW buffer corner clips.
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)
(a)
Intent.
The intent of this xeriscaping section is to
encourage the use of drought-resistant native plants in all or a portion
of landscaped areas in order to conserve water.
(b)
Native plant usage.
Texas has an abundance of native
plants that are naturally adapted to the region. Most native or adapted
plants are drought tolerant or have lower water demands, and by combining
Texas natives with well-adapted exotic plants, water is conserved.
The use of xeriscape can:
(1)
Reduce landscape maintenance and water use by sixty percent (60%)
or more, which helps extend limited water supplies and conserve water
resources;
(2)
Provide an enhanced regional identity for Celina;
(3)
Lower pest problems and require less fertilizer than many non-adapted,
exotic plants brought into Texas landscapes. By eradicating weeds,
competition for available water resources is diminished;
(4)
Lower monthly water bills for users;
(5)
Reduce runoff through the plants root system, which helps water percolate
into the soil, reducing erosion and runoff, improving water quality.
(c)
Water conservation.
In order to promote prudent use
of the city’s water resources and reduce the need for additional
water system infrastructure, additional water resources and water
purification systems, and to help ensure viability of required plantings
during periods of drought, all required landscaping shall comply with
the following requirements designed to reduce water usage:
(1)
All landscaping shall be from the recommended plant material list,
which is comprised of native and adapted vegetation, unless alternate
plant materials are approved through the landscape plan.
(2)
For maximum reduction in water usage, xeriscape plants shall not
be interspersed in plant massing with plants requiring higher water
usage.
(3)
Irrigation systems shall be designed to provide the appropriate amount
of water without over watering.
(4)
Lawn or turf is not permitted in areas with a dimension of less than
eight (8) square feet.
(d)
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.
All sight/visibility triangle distances herein shall be measured from
the intersection edges of the curb or, where there is no curb, from
the end of the pavement, unless otherwise specified.
(1)
Street intersections.
Each such intersection shall have
a sight triangle of forty-five (45) feet on each leg from the point
of intersection, or as determined by the director of engineering.
(2)
Driveway to street intersections.
Each driveway intersection
shall have a sight triangle of forty-five (45) feet along the street
and twenty (20) feet along the driveway from the point of intersection,
or as determined by the director of engineering.
(3)
Vertical clearance.
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.
(e)
Distance from street pavement.
Landscaping, except required
grass and low groundcovers, shall not be located closer than three
(3) feet from the edge of any access way pavement.
(f)
Conflicts.
In the event other visibility obstructions
are apparent in the proposed landscape plan, as determined by the
director, the minimum landscape area requirements set forth herein
may be reduced to the extent to remove the conflict.
(Ordinance 2019-42 adopted 10/8/19)
(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 re-establish 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 division 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 three (3) 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 division:
(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.
(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.
(Ordinance 2019-42 adopted 10/8/19)
(a)
General rule.
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.
(b)
Mitigation.
If the tree is not replaced on-site or other
city-approved location, 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.
|
Article 14.04, Part Two, Table 3 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 (all trees located within the floodplain, regardless
of species
All Oaks
Pecan
|
All Ash Trees
All Elms
All Pines
Hickory
Black Walnut
|
Bois d’Arc
Cottonwood
Junipers
Cedars
Mesquites
All other trees
|
(c)
Landscape plan.
All replacement trees shall be shown
with their caliper size, species name, and common name on the landscape
plan.
(d)
Replacement restriction.
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.
(e)
Landscaping limitation.
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.
(f)
Enforcement.
(1)
Any person, firm, corporation, agent, or employee thereof who violates
any of the provisions of this article shall be deemed guilty of a
misdemeanor and upon conviction 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 ordinance 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)
No building permit shall be issued unless the applicant signs an
application or permit request which states that all construction activities
shall meet the requirements of the tree preservation ordinance. The
building official shall make available to the applicant a copy of
the tree preservation ordinance.
(g)
Tree valuation schedule.
Tree replacement fees are listed
in the master fee schedule and shall apply to all tree mitigation.
(Ordinance 2019-42 adopted 10/8/19)
