(a)
The
purposes of this article are to provide guidelines and standards that
will:
(1)
Contribute to the visual quality of the community;
(2)
Encourage continuity within and between developments;
(3)
Provide screening and/or buffering between different land uses;
(4)
Reduce soil erosion and damage resulting from stormwater run-off;
(5)
Be complementary to the tree preservation and protection ordinance (article 3.08 of this code); and
(6)
Support the environmental quality of the town.
(b)
This
article will be effective within the geographical limits of the town,
including any areas subsequently annexed by the town. This article
shall also be applicable to all areas within the town’s extraterritorial
jurisdiction. It is intended to supplement, not repeal, the town’s
tree preservation and protection regulations and landscape plan requirements
found elsewhere in this code. In the event of a conflict between a
provision of this article and a provision of any other section, article
or chapter of this code, the more stringent provision shall apply.
(Ordinance 2008-1013-01 adopted 10/13/08)
For the purpose of this article, the following words and phrases
shall have the meanings ascribed to them:
A device/treatment controlling the management, circulation,
separation, or direction of traffic, such as wheel stops, raised islands,
dividers or barricades.
An earthen mound designed to provide visual interest, screening
or decrease noise.
A subdivision of land intended for nonresidential use.
Facilities or properties which are located within the boundaries
of a subdivision, which is typically owned by an association of property
owners within the subdivision or owned in common by owners within
the subdivision.
The diameter, in inches, of a tree as measured through the
main trunk at point four and one-half feet (4.5') above the natural
grade. For a multi-trunk tree, the diameter shall be the total diameter
of the largest trunk plus one-half (1/2) the diameter of the each
additional trunk.
Any self-supporting woody plant with at least one well-defined
trunk, which is present on property prior to proposed development.
Any woody or herbaceous plant that effectively shades and
that will not generally attain a height of more than 2 feet.
An area devoted to and which may consist of plant materials,
trees, water forms, planters, brick, stone aggregate and other materials
customarily utilized for landscaping purposes, or any combination
of these items, but not including the use of smooth concrete or asphalt
and like materials.
A plan showing proposed landscaping elements and materials
or a sufficiently detailed site development plan, containing adequate
information to demonstrate compliance with all applicable requirements
of this article.
Changing, rearranging or adding to the original vegetation
or scenery of land, including the reshaping of the land by moving
earth, preservation of original vegetation or addition of new vegetation,
or any combination of these treatments.
A strip of land which separates the traffic direction on
roadways.
Any median which is constructed within a development, subdivision
or property.
The surrounding roads of a development, subdivision or property
that are not within the development, subdivision or property.
Any person, corporation, partnership, firm, association or
artificial entity, or any agent or employee of the foregoing.
Living trees, shrubs, vines, grass, ground covers, cactus
and flowering annuals, biennials and perennials.
A method of visually shielding one abutting or nearby structure
or use from another by fencing, walls, berms and/or densely planted
vegetation, or any combination of these methods.
A woody perennial plant distinguished from herbaceous plants
by its persistent woody stem and from a tree by a mature height of
normally less than 15 feet and having no distinctive elevated crown
of foliage.
Any main entry that provides access to a development or subdivision,
constructed within the development or subdivision.
Any living, self-supporting, woody perennial plat which at
maturity will attain a trunk diameter of two inches (2") or more when
measured at DBH and which will typically attain at maturity a height
of at least fifteen feet (15').
Any tree having a DBH of six inches (6") or more, except
mesquite, thorny honey locust, and willow trees.
A tree that has no specially constructed protection barriers
to prevent damage due to construction or normal vehicular movement.
Ground area of a site that is covered by plants, including
trees, undergrowth and grasses.
Any type of growing plant material.
(Ordinance 2008-1013-01 adopted 10/13/08)
(a)
A
landscape plan that satisfies the requirements of this article shall
be included as part of a plat application for a residential subdivision
or nonresidential development, which shall include landscaping elements
for all common areas. A landscape plan that satisfies the requirements
of this article shall also be included as part of a building permit
application for new construction on nonresidential property if no
previous landscape plan has been approved for the property. A landscape
plan shall be required for developed nonresidential properties upon
the submission of a building permit application if the value of the
proposed improvements exceed fifty percent (50%) of the value of the
existing improvements on the property.
(b)
A
landscape plan shall meet the following requirements and contain the
following information:
(1)
Plans must be the same scale as the approved site plan, and at least
six (6) copies of the plan shall be submitted for review.
(2)
The height and location of landscaping material and elements must
not create safety hazards for vehicular traffic by blocking sight
lines at ingress and egress points.
(3)
The landscaping specifications must state the common names, sizes
(height and width) and quantity of all landscaping materials to be
utilized.
(4)
An irrigation plan, certified by a licensed and certified irrigation
contractor or specialist, specifying layout, irrigation zones, water
source, and timing equipment must be included as part of the landscape
plan. All irrigation piping must be buried, except for drip systems
and soaker systems which can be used in vegetation beds and around
building structures.
(5)
Screening of a height of at least six feet shall be required along
boundaries of different zoning districts.
(c)
Landscape
plans shall be reviewed and approved or denied by the town council.
The consideration and approval or denial of a landscape plan shall
be based on compliance with the requirements and stated purpose of
this article and any other requirement deemed necessary to promote
the character and value of surrounding properties. The town council’s
decision on approval or denial of a landscape plan shall be final
and binding.
(d)
Prior
to the issuance of a certificate of occupancy, all approved screening
and landscaping must be in place, or if seasonal considerations prohibit
the completion of the landscaping, a temporary certificate of occupancy
may be issued for such time as is reasonable to complete the landscaping.
The property owner or occupant shall be responsible for permanently
maintaining approved landscaping in a healthy living condition and
in a neat and orderly manner.
(Ordinance 2008-1013-01 adopted 10/13/08; Ordinance 2015-1116-01 [A], sec. 1, adopted 11/16/15)
The following are exempt from the requirements of this article:
(1)
Individual
residential lots, when not a part of a subdivision development application.
(2)
Residential
subdivisions consisting of less than five lots, only upon the granting
of an exception or waiver by the town council.
(3)
Property
of five acres or more, zoned for agricultural use, on which is regularly
conducted the growing or ranching of farm products, including, but
not limited to, vegetables, fruit, trees, grain, poultry, horses,
cattle, sheep, swine and goats.
(4)
Property
zoned as “PD” - Planned Development, where the requirement
of a landscaping plan is expressly waived.
(Ordinance 2008-1013-01 adopted 10/13/08)
The following provisions shall apply to residential subdivisions:
(1)
Perimeter roadway landscape zones.
Perimeter roadway
landscape zones (having a minimum width of 15 feet) will be required
adjacent to all nonresidential roads located within the town limits,
unless the adjacent property is developed for golf course, parks,
playgrounds or other open space use. Roadway landscape zones shall
include vegetative plantings that will create a solid living screen,
at least six feet high within three years after planting, measured
from grade level at the nearest edge of the roadway right-of-way.
In addition, roadway landscape zones shall include a minimum of eight
large or ornamental trees for each 10,000 square feet of landscape
zone. Consideration shall be given as to the location of living screens
and trees regarding sight distances at street intersections and driveways.
(2)
Median landscape zones.
Roadway medians within residential
subdivisions that are at least five feet wide shall contain a minimum
of 8 ornamental trees per 10,000 square feet of median area. Trees
planted in a median landscape zone may be planted in groups or in
a continuous line. Tree placement shall not interfere with road visibility,
and all trees, as they grow, must be pruned so that at maturity there
will be at least twelve feet (12') of clearance above street surfaces
and eight feet (8') of clearance above sidewalks. Medians that are
less than five feet wide must be planted with either grass, flowers,
approved ground cover, or shrubs.
(3)
Subdivision main entry median.
A residential subdivision
main entryway median area that is at least five feet wide shall contain
a minimum of 1 tree per 500 square feet of median area. Tree placement
will not interfere with road visibility, and all trees, as they grow,
must be pruned twelve feet (12') above street surfaces and eight feet
(8') above sidewalks.
(4)
Residential lot trees.
Each residential subdivision
lot must have at least two trees with a 3-inch diameter at DBH after
construction is completed.
(5)
Residential subdivision tree canopy.
Each residential
subdivision shall include at least 25% tree canopy coverage at maturity.
Tree canopy will be calculated based on a fraction (A) the numerator
of which is the total projected area of mature tree canopy within
the subdivision and (B) the denominator of which is the total land
area within the subdivision (less the house footprint, driveways,
streets, alleys, and sidewalks). The tree canopy calculation shall
include all trees within the subdivision and any roadway landscape
zones adjacent to the subdivision. In addition, if the subdivision
is adjacent to a golf course or other open space, the tree canopy
calculation will include the trees in those areas and within 100 feet
of the boundary of the subdivision.
Example: 250,000 square feet (projected total area of mature
tree canopy within the subdivision) divided by 1,000,000 square feet
(total land area within the subdivision, less the house footprint,
driveways, streets, alleys, and sidewalks).
(Ordinance 2008-1013-01 adopted 10/13/08)
The following provisions shall apply to nonresidential properties:
(1)
Commercial subdivision–parking lot landscaping.
(A)
Perimeter.
Each parking lot or shared parking lots shall
include a landscape edge at least 10 feet wide (that can be located
within the setback requirements) adjacent to any street right-of-way
and at least 10 feet wide next to adjacent nonresidential property.
The landscape edge is a bedded area that will include (i) one tree
for each 500 square feet of landscape edge, or (ii) other acceptable
vegetative plantings. Consideration will be given to sight distances
at intersections and at driveways.
(B)
Interior.
In addition to perimeter landscaping, at least
seven percent of each parking lot containing more than 20 spaces shall
be landscaped, and at least one tree shall be planted in each interior
landscape area.
(2)
Commercial subdivision–median landscape zones.
Roadway medians within a commercial subdivision that are at least
five feet wide shall be landscaped with acceptable vegetated plantings.
If trees are planted in a median landscape zone they may be planted
in groups or in a visually acceptable continuous line. Tree placement
shall not interfere with road visibility, and all trees, as they grow,
must be pruned so that at maturity there will be at least twelve feet
(12') of clearance above street surfaces and eight feet (8') of clearance
above sidewalks.
(3)
Commercial subdivision street trees–internal roadway tree requirements.
Internal roadways within commercial and nonresidential subdivisions
shall comply with the following requirements:
(A)
Trees shall be planted no closer than 5 feet from a paved surface.
(B)
Trees shall not be planted within 15 feet of intersections; within
10 feet of private driveways, fire hydrants, or utility poles; or
within 20 feet of light standards.
(C)
Trees, as they grow, shall be pruned so that at maturity there will
be at least eight feet (8') of clearance above sidewalks and twelve
feet (12') of clearance above streets.
(Ordinance 2008-1013-01 adopted 10/13/08)
(a)
Roadway landscape zones.
Roadway landscape zones shall
be completed within 180 days after recording of the final plat for
the property.
(b)
Median landscape zones.
Median landscape zones shall
be completed within 180 days after opening the street.
(c)
Parking lot landscaping.
Parking lot landscaping shall
be completed within 60 days after the issuance of a certificate of
occupancy for the nonresidential use for which the parking is provided.
(d)
Tree canopy.
To the extent that the other trees required
by this article do not satisfy the residential subdivision tree canopy
requirements, additional trees necessary to satisfy the canopy requirements
shall be planted within 180 days after recordation of the final plat
for the subdivision.
(e)
Screening completion requirements.
Screening of loading
areas, service areas, and trash dumpsters must be completed prior
to the issuance of a certificate of occupancy for the nonresidential
use being served by such areas or dumpsters.
(f)
Vegetation replacement.
Should any landscaping vegetation
or shrubs die they must be replaced within one year. If any trees
die they must be replaced within two years.
(Ordinance 2008-1013-01 adopted 10/13/08)
For nonresidential properties not located within a commercial
or other nonresidential subdivision, the following provisions shall
apply:
(1)
Landscape design.
Landscaping design of the site and
structures shall reflect the “Old Texas Country” appearance,
as stated herein and as reflected by surrounding commercial developments,
and as required by this code and by Ordinance 2003-0108-02.
(2)
Old Texas Country.
Landscaping shall be in compliance
with the “Old Texas Country,” as required by this code
and by ordinance 2003-0108-02 through the use of split rail fencing,
native stone, native grasses, existing and native trees in strategic
locations throughout the site.
(3)
Minimum landscape requirements.
A minimum of fifteen
percent (15%) of the gross area of a nonresidential lot must be landscaped.
Trees, as they grow, will be pruned so at maturity there will be at
least eight feet (8') clearance above sidewalks and twelve feet (12')
of clearance above streets.
(4)
Parking lot landscape requirements.
Landscape shall
be required on the perimeter area and interior area for all parking
lots. The location and design of parking lot landscape shall be described
by the landscape plan.
(Ordinance 2008-1013-01 adopted 10/13/08)
When large trees are required, each tree shall be at least three inches (3") DBH. At least sixty percent (60%) of the required trees shall be large trees, and the remainder may be ornamental trees. Approved new and replacement trees shall be selected from section 3.08.015 and to the town’s tree preservation and protection regulations of this code.
(Ordinance 2008-1013-01 adopted 10/13/08)
All freestanding business signs and monument signs must have
a minimum landscaped area of six square feet (6') for each horizontal
linear foot of sign face.
(Ordinance 2008-1013-01 adopted 10/13/08)
Off-street service and loading areas must be screened from view
from adjacent streets (excluding alleys) and from adjacent property
used for residential uses. This screen shall be located within a landscaped
edge using one (or a combination) of the following:
(1)
A
masonry wall at least six feet (6') high plus at least one tree planted
for each 30 linear feet of landscape edge;
(2)
A
vegetative planting that will create a solid screen at least six feet
(6') high within two (2) years; or
(3)
A
berm and vegetative planting that will create a solid screen at least
six feet (6') high within two (2) years.
(Ordinance 2008-1013-01 adopted 10/13/08)
An irrigation plan must be submitted with or as a part of the
landscape. Irrigation is required for all nonresidential development,
including parking lots, all perimeter landscaping, all roadway landscape
zones, all primary and secondary entries, and all medians for which
landscaping is required. When draught conditions exist or when water
rationing is required, all irrigation systems must comply with mandated
restrictions.
(Ordinance 2008-1013-01 adopted 10/13/08)
(a)
If
landscape planting is impractical due to the season, a cash deposit
or surety bond equal to the cost of materials and installation will
be provided to the town from the property owner or developer. Upon
compliance with and completion of the approved landscape plan, the
town will refund the deposit or release the bond.
(b)
If
a temporary certificate of occupancy has been issued and compliance
with the landscape plan has not been achieved within the period specified
in the temporary certificate, the certificate may be revoked and no
permanent certificate shall be issued until full compliance has been
achieved.
(c)
If
at any time after the issuance of a certificate of occupancy, the
landscaping that was installed does not conform to the approved landscape
plan or standards, the town shall issue notice to the property owner
citing the violation and describing the action required for compliance.
The owner will have thirty (30) days from the date of the notice to
reach compliance or obtain town approval of the compliance schedule.
Failure to do so constitutes a violation of this article. In addition
to any other remedy available to the town, the certificate of occupancy
may be revoked by the town.
(d)
The
town council may grant or authorize exceptions or waivers from the
requirements of this article if deemed necessary or appropriate, giving
due consideration to the stated purposes of this article and any other
requirements deemed necessary to preserve, promote or protect the
character and value of surrounding properties.
(Ordinance 2008-1013-01 adopted 10/13/08)
(a)
Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code, and each and every day’s violation shall constitute a separate offense.
(b)
The
remedies provided for in this article are cumulative of each other
and of state law, and the prosecution or pursuit of any one or more
remedy shall not constitute a waiver of any other.
(Ordinance 2008-1013-01 adopted 10/13/08)
