To establish requirements for landscaping, buffering, and screening
to provide for the orderly, safe, attractive and healthful development
of land and promoting the health, safety and general welfare of the
city, it is deemed necessary to establish requirements for the installation
and maintenance of landscaping elements and other means of site improvements
on properties to be developed or redeveloped. It is the intent of
this article that these minimum landscape requirements be incorporated
to promote the public health, safety and welfare through:
(1)
Requiring appropriate vegetation.
(2)
Maintaining, creating and restoring unique city identities.
(3)
Maintaining microhabitats in urban areas for the conservation of
wildlife by supporting existing wildlife habitat.
(4)
Creating larger, more connected plant populations, helping ensure
the future of native plant species by increasing their ability to
migrate in response to changes in climate.
(5)
Promoting ecotourism.
(6)
Conserving precious water resources by promoting water-efficient
landscaping through the use of appropriate native plants, which, once
established, typical require much less water than other species.
(7)
Reducing the need for use of chemical fertilizers and pesticides
to maintain landscaping.
(8)
Reducing the negative impacts on the land, such as erosion, soil
depletion, and damage by invasive plants as examples, from the use
of inappropriate vegetation and poorly planned landscaping.
(9)
Reducing the long term negative impacts of stormwater runoff and
enhance water quality through reduction of nutrient loading and improved
adsorption of contaminants.
(10)
Improving flood control.
(11)
Increasing understanding and appreciation of our local natural eco
systems and species through education and training.
(Ordinance 2021-O-600 adopted 9/9/21)
This article shall be applicable to new development or redevelopment within the corporate limits of the city commencing on or after September 9, 2021. Property that has not been platted or otherwise approved or vested for development prior to September 9, 2021, shall be considered new development. Redevelopment shall mean development of property that is replatted, or that is being repurposed, or that is considered a legal nonconforming use and is being repurposed with a conforming use, or any rebuilding, renovation, remodeling, or reconstruction of any existing development when the total square footage of a structure is replaced or expanded by fifty percent (50%) or greater. Provided however, that invasive or undesirable trees or plants from appendix C are not subject to protection and do not require a removal permit or mitigation pursuant to this article.
(Ordinance 2021-O-600 adopted 9/9/21)
For the purposes of this division, the following terms shall
have the meanings below:
Land which is zoned as agriculture.
An International Society of Arboriculture (ISA) certified
arborist.
An area along some natural feature designated to protect and/or
preserve the essential character of such feature and allow it to be
maintained in an undisturbed and natural condition;
A natural undisturbed portion of a lot, except for approved
access which is set aside to achieve a visual barrier between the
use on the lot and adjacent lots and/or uses. A buffer is achieved
with preserving or planting appropriate vegetation, land area used
to visibly separate one use from another through screening and distance,
to shield or block noise, light, glare, visual, or other conditions,
to block physical passage to nonsimilar areas, or to reduce air pollution,
stormwater runoff, dust, dirt, and litter.
The diameter of a tree trunk (indicated in inches) measured
at breast height, which is four feet six inches (4' 6") above the
ground. For multi-trunked trees, the caliper of each trunk shall be
measured one of the following ways:
If the tree trunks fork at or below four feet six inches (4'
6") above the ground, the caliper is measured at the narrowest part
of the main trunk below the fork. The height of the measurement and
the forks should be noted (e.g. “three foot diameter at two
feet above the ground (narrowest part), with forks starting at four
feet above the ground”).
If the tree splits into several trunks close to ground level,
measure the caliper of each trunk separately at four feet six inches
(4' 6") above the ground. The caliper for the whole tree is then found
by adding the caliper of the largest trunk plus one-half (1/2) the
caliper of each additional trunk. (e.g., four trunks measuring ten
inches, nine inches, eight inches and seven inches would be calculated
as 10 + 4-1/2 + 4 + 3-1/2 for a total caliper of 22 inches)
Tall tree having thick foliage providing shade for smaller
trees and plants below.
A public or city use area intended for the purposes of gardening.
Public use areas, including school and athletic fields, composed
of predominantly turf grass intended for recreational purposes.
The broad removal of trees, shrubs, or undergrowth with the
intention of preparing real property for nonagricultural development
purposes.
The selective removal of vegetation from a property, whether
by cutting or other means.
A variation of a species, one that has been produced through
breeding or deliberate selection.
Any plant species which is in danger of extinction throughout
all or a significant part of its range.
A cooperative effort among local, state, federal and private
agencies and organizations to promote fire safety in the wildland/urban
interface.
An area that meets all of the environmental conditions necessary
for an animal, tree or plant to survive, including the right combination
of light, air, water and soil.
Soils with a continued capacity to maintain a diverse community
of soil organisms that help to control plant disease, insect and weed
pests, that form beneficial symbiotic associations with plant roots;
that recycle essential plant nutrients; that improve soil structure
with positive repercussions for soil water and nutrient holding capacity,
and that function as vital living ecosystems that sustain animals,
plants and humans.
A native tree twenty-four (24) inches or greater in diameter
when measured at breast height, which is four (4) feet six (6) inches
above the ground.
The practice of grouping together plants with similar water
needs in order to better manage water usage.
Area on a property to be developed, including structures,
driveways, parking areas, and utilities (e.g., septic fields).
Those species of plants naturally occurring within a specific
habitat or biogeographical region prior to significant human impacts.
A plant or tree reproducing outside its native range and outside cultivation that disrupts naturally-occurring native plant or tree communities by altering structure, composition, natural processes or quality of habitat, or a species of tree or plant which does not normally survive in the local habitat, climate, ecological or geological conditions and which are listed in appendix C, of this article.
Total or partial removal of trees and/or vegetation from
the land surface.
Any activity which may result in soil erosion from water
or wind and the movement of sediments into state and local waters,
or onto lands within the state, including, but not limited to, clearing,
dredging, grading, excavating, transporting, or filling of land, but
not including agricultural practices such as a family vegetable plot.
Areas of the city may be divided into landscape categories
based upon their similar soil, topography and hydrology. Since lands
within one category will have similar soil, topography, and hydrology
features, the same species of native plants that are appropriate at
one site are likely to be appropriate native plants to all lands within
the same landscape category.
The entire parcel less the building footprint, driveway,
nonirrigated portions of parking lots, hardscapes such as decks and
patios, and other nonporous areas. Water features are included in
the calculation of landscaped areas.
Any combination of living plants and nonliving landscape
material (such as rocks, pebbles, sand, mulch, walls, fences, or decorative
paving materials).
A plant that lives or grows naturally in a particular region without direct or indirect human intervention and as listed in appendix A of this article.
A tree that lives or grows naturally in a particular region without direct or indirect human intervention and as listed on appendix A of this article.
Vegetation found in the natural community that is suited
to the soil, topography, hydrology, and wildfire risk of a particular
site.
An area on a site that contains substantial populations or
clusters of protected trees or plants and that shall be left to the
extent feasible undisturbed during development and will remain undisturbed
when the property is fully developed. Activities are restricted in
perpetuity.
An area that is intended to remain undeveloped and preserved
in perpetuity and may be created to preserve natural areas or to act
as buffer or screening mitigation between differing or denser land
uses.
Are noninvasive, nonnative shrubs or other vegetation that are able to thrive in the local climate and soil conditions and as listed on appendix B of this article.
Are noninvasive, nonnative trees that are able to thrive in the local climate and soil conditions and as listed on appendix B of this article.
Any open piece of land that is undeveloped (has no buildings
or other built structures) and is accessible to the public.
Sensitive environmental areas as described in section 14.04.039.
Any heritage tree, or any tree of 10 caliper inches or greater (but not including Ashe Juniper trees unless the tree is 18 inches or greater) as described in appendix A or appendix B, to this article, when measured at breast height, which is four feet six inches (4' 6") above the ground; but not including invasive or undesirable trees or plants.
A scarce plant species that may or may not have been designated
with a legally protected status such as “threatened” or
“endangered.” Some rare plants naturally occur less frequently
than other plants, which make the rare plants more susceptible to
decline or extinction.
Any act which removes a tree or causes a tree to die within
two years after commission of the act, including, but not limited
to, damage inflicted upon the root system or trunk as a result of:
The storage of materials in or around the trees;
Soil compaction;
Altering the natural grade to expose the roots or to cover the
tree’s root system with more than four (4) inches of soil;
Excessive pruning;
Paving with concrete, asphalt, or other impervious surface within
such proximity as to be harmful to the tree or its root system; and
Application of herbicides or defoliates to any trees without
first obtaining a city landscape permit.
To transport a protected plant or tree from the premises
on which it has been growing.
Thirty-five (35) foot buffer from the water’s edge
at normal high-water mark or landward side of floodplain boundary
maintained in native woody vegetation for water quality including
control of sediment and for wildlife habitat.
For purposes of tree mitigation shall mean a manufactured
home, a detached one-family or two-family dwelling, the including
the accessory structures of the dwelling, a multiple single-family
dwelling that is not more than three stories in height with a separate
means of entry of each dwelling, and including accessory structures,
or any other multifamily structure.
The removal of tree and shrub species or removal of dead
trees when the soil is left relatively undisturbed.
A district organized within county boundaries by landowner
petition based on a need for soil and water conservation and in the
interest of public health, safety, and welfare. A soil and water conservation
district so organized constitutes a governmental subdivision of the
state.
Any plant species that is likely to become an endangered
plant within the foreseeable future throughout all or a significant
portion of its range; see also rare plant.
A self-supporting woody plant having a single trunk or a
multi-trunk of lower branches, growing to a mature height of at least
twelve (12) feet.
Selective cutting or thinning of trees for the purpose of
good forestry management to protect said forest from disease or infestation.
Continuous plant coverage consisting of a grass species that
is mowed to maintain an established height.
Shorter-growing tree, often found beneath the foliage cover
provided by canopy trees, more shade-tolerant than canopy trees.
Undeveloped land not directly associated with wetlands or
streams
Plants that can survive on normal rainfall or that require
minimal irrigation
(Ordinance 2021-O-600 adopted 9/9/21)
Except for the requirements of this article applicable to protection
of heritage trees, the following entities and activities are exempt
from this article;
(1)
City, county, state or school district gardens, parks and play areas
and public right-of-way;
(2)
Noninvasive fruits and vegetable plants on residential or agricultural
properties;
(3)
Golf course play areas and game fields used for organized sports
or recreational activities;
(4)
Turf grass and/or designed noninvasive plantings in stormwater management
areas and rain gardens;
(5)
Turf grass and/or designed noninvasive plantings in public rights-of-way;
(6)
Bona fide agricultural lands;
(7)
Commercial and public botanical gardens;
(8)
Emergency maintenance work such as fire breaks and areas cleared
for protection of public health and safety.
(9)
Utility easements.
(Ordinance 2021-O-600 adopted 9/9/21)
(a)
A landscape plan meeting the requirements of this chapter and meeting the requirements of any previously approved landscape plan for the development, or subdivision as a whole, shall be submitted and approved by the city as a condition of approval of a building permit associated with new home construction. All trees, shrubs, vegetative cover or turf grasses shall be selected from appendix A or appendix B in order to receive landscaping credit under the requirements of this chapter. No credit shall be given for trees or shrubs listed on appendix C. Subject to the exception described below, the landscape plan shall include a tree survey of all areas within the lot or property where land clearing or land disturbance activities will occur and be submitted on paper at least 8-1/2 by 11 in size. The tree survey should include protected and heritage trees noting the location, size and type and noting if the tree is to be saved or removed. Any protected or heritage tree in the undisturbed area of the property that the builder or homeowner wishes to use as a credit towards removal of a protected or heritage tree, or for credit against the planting requirements, shall be identified in the tree survey. No protected trees located on the property shall be removed without a tree removal permit and no heritage trees may be removed, except upon issuance of a variance in accordance with sections 14.04.054 and 14.04.055. This landscape plan shall include property boundaries, location of the planned structure(s) and improvements, any nondisturbance, preservation or management zone(s), or no cut zones(s), the approximate location of existing protected trees, and whether such trees are native trees or not and showing proposed locations for additional trees as follows:
(1)
A minimum of two (2) trees for lots six thousand (6,000) square feet
or less;
(2)
A minimum of three (3) trees for lots between six thousand one (6,001)
and ten thousand (10,000) square feet;
(3)
A minimum of five (5) trees for lots greater than ten thousand one
(10,001) square feet;
(4)
A minimum of three (3) trees for each additional acre in excess of
one (1) acre.
(c)
One (1) of the required trees shall be planted within ten (10) feet
landward of the right-of-way for lots less than or equal to one-half
acre.
(d)
Landowner shall be entitled to credit existing trees against the new tree planting requirement if the trees are not removed and are native, heritage trees or protected trees. Landowners are encouraged to plant and maintain native trees listed in appendix A. Preservation and planting of native trees and vegetation increases the likelihood that a variance will be granted under this section.
(e)
City staff may waive all or portions of the tree survey requirements
of this section if a landscape plan was approved by the city for the
development of the subdivision as a whole and the landscape and tree
removal proposed for the lot or property meets or exceeds the landscaping
or tree removal requirements approved for the subdivision or development
as a whole.
(f)
Approval of the landscape plan shall include requirements for tree
removal, new planting requirements, protection for any nondisturbance
zones, protected or no cut zones, if applicable, and in particular,
requirements associated with protection or removal of protected trees.
(h)
The city will conduct an on-site inspection to review the sketch
and existing and proposed tree locations prior to issuing a building
permit.
(j)
A separate irrigation permit may be required if irrigation is installed
on the property.
(Ordinance 2021-O-600 adopted 9/9/21)
(a)
All applicable development, but not including development subject to section 14.04.035, shall receive approval of a landscape plan or tree removal permit from the city prior to commencement of any land clearing, land disturbance activity, clearing, modification or construction work of any kind, such as adding or removing fill or tree or vegetative cover removal. The landscape plan must meet the applicable requirements set out in this article.
(b)
A landscape plan or tree removal permit may be applied for separately,
or considered in conjunction with an application for site plan or
development permit approval. If the proposed development is associated
with a new subdivision, the landscape plan or tree removal permit
shall be considered in conjunction with the preliminary and final
plat, or development plat, as applicable. In such case, approval of
the landscape plan or tree removal permit is a condition of plat approval.
(Ordinance 2021-O-600 adopted 9/9/21)
(a)
The following information and submittals are required in conjunction
with review and approval of a landscape plan. Approval of the landscape
plan shall be a condition of approval for a site plan, development
permit, or plat approval, as applicable. Landscape plans shall include
plans for planting new trees and vegetation and preservation of existing
trees and vegetation. Protected trees and vegetation shall be subject
to payment of a tree mitigation fee or tree replacement, if not retained
and protected in the landscape plan. Heritage trees shall be protected
in the landscape plan and shall not be removed, unless the landowner
receives a variance to the requirements of this article and removal
of the heritage tree is approved by the city. The landscape plan shall
be prepared and sealed by a state registered landscape architect,
with an irrigation plan prepared by a state licensed irrigator if
irrigation is used. All commercial, industrial, multi-use or multifamily
property shall provide for an irrigation system. Landscape plans shall
be drawn to scale and shall include and indicate the following:
(1)
Landscape architect’s seal, signature and date of signing;
(2)
Dimensions of the property;
(3)
Location, species, and size of all existing trees greater than 10"
caliper from an on-the-ground survey;
(4)
Location and species of all invasive or undesirable trees;
(5)
Description of existing soil types as defined by the Natural Resource
Conservation Service (NRCS);
(6)
100-year floodplain boundaries as defined by the Federal Emergency
Management Agency (FEMA);
(7)
Location of all existing or proposed structures, freestanding signs,
parking areas, drives, vehicular use areas and other improvements
to the property;
(8)
Location of existing water bodies and proposed water bodies location;
(9)
Location of overhead power lines and adjacent rights-of-way and any
other easements;
(11)
Hydro zones for reference use by the irrigator;
(12)
Proposed location of required buffers or not cut zones;
(13)
Proposed alterations to existing soils including locations of planned
cut, fill and topsoil removal;
(14)
Proposed removal of any existing vegetation;
(15)
Proposed types of construction devices and procedures used to protect
soils and trees and vegetation planned for preservation and conservation
(e.g., tunneling, boring, erosion control, root barriers);
(16)
Location and type of irrigation system, if used, in a separate irrigation
plan;
(17)
Proposed soil additions, mulching materials, and initial fertilization
notes and details;
(18)
Proposed planting and root pruning details for trees, shrubs, vines,
and ground covers installed on level ground and on slopes;
(19)
Existing trees 10 inches or greater proposed for removal, including
location, species and reason for removal and mitigation proposed;
(20)
Existing trees to be preserved, including heritage and protected
trees;
(21)
Point of irrigation connection and water meter for the irrigation
system, if an irrigation system is to be installed onsite;
(22)
Water harvesting areas used to contribute to meeting landscaping
water needs;
(b)
No land clearing, modification or construction work of any kind,
such as adding or removing fill, can be performed until a landscape
plan has been submitted and approved by the city.
(Ordinance 2021-O-600 adopted 9/9/21)
Landowner shall be responsible for obtaining any necessary permits
for protection for the work from state or federal agencies and shall
submit permits and reports to the city.
(Ordinance 2021-O-600 adopted 9/9/21)
(a)
Preservation areas consist of: (1) priority natural areas; (2) natural areas with substantial populations or clusters of protected trees or plants; and (3) newly planted areas or a combination of natural areas and newly planted areas, intended to serve as impact buffers, screening, or mitigation between land uses, all of which shall be protected through designation of such areas as “no disturbance zones” or “no cut zones.” In some cases, such areas may be protected through a conservation easement or through restrictive covenants. Priority natural areas shall be protected in accordance with subsection (b) and (c). Natural undisturbed areas with populations or clusters of protected trees or plants shall be preserved to the extent feasible in accordance with section 14.04.041. Impact and screening buffers shall be protected in accordance with section 14.04.040. Such preservation areas shall be identified in the landscape plan.
(b)
Priority natural area(s): The following vegetation and specific areas
are considered a priority for on-site retention and shall be protected
and maintained throughout development and upon completion of construction
within the property. Grading shall leave this vegetation and these
specific areas undisturbed unless the city determines that disturbance
is unavoidable in the interests of the public health, safety and welfare.
(1)
100-year floodplain;
(2)
Riparian buffers;
(3)
Wetlands;
(4)
Trees and other native vegetation defined on state, federal and city
lists as rare, threatened or endangered;
(5)
Corridors for wildlife movement;
(6)
Low impact stormwater management;
(7)
Other habitat for threatened, endangered, and species of special
concern or wildlife habitat the city considers a locally unique ecosystem;
(8)
Steep slopes of 25% or above.
(c)
Within a priority natural area, no native trees over six (6) feet
in height, or more than three (3) inches in trunk diameter, or any
wetland trees or wetland vegetation of any size, shall be removed
from any natural priority area unless specifically approved as part
of the landscape plan and as set out in the site plan, plat, or development
permit, as applicable.
(Ordinance 2021-O-600 adopted 9/9/21)
Buffers are required to protect natural areas and to reduce the visual or other impacts between one type of land use and another. Impact buffers shall consist of undisturbed vegetation or planted vegetation including native and adapted plants from appendix A or appendix B; but not including turf grass, unless expressly allowed by the city.
(Ordinance 2021-O-600 adopted 9/9/21)
(a)
Any location consisting of a natural area and consisting of five
(5) acres or larger shall be bounded by a natural area vegetation
buffer. An appropriate buffer zone of native or native-and-adapted
plants shall be maintained along the perimeter of the natural area
preservation areas and shall be included in the landscape plan. In
cases where the buffer area is contiguous with an existing conservation
area, the dimensions of the conservation area may be credited towards
the minimum buffer required. The minimum buffer width for natural
areas preservation areas shall be twenty (20) feet. The minimum buffer
width for natural priority areas shall be twenty-five (25) feet.
(b)
No turf grass is allowed within a natural area vegetation buffer.
New vegetation allowed in the buffer shall be based on the native,
predevelopment plant community.
(c)
A nonelevated buffer of undisturbed state native vegetation preserved
on site, or a buffer planted to re-create native uplands is preferable
over berms.
(d)
Permissible uses within the preservation area are footpaths for walking
or jogging. Footpaths must be natural or made from another pervious
material. No horses, bicycles or motorized vehicle usage is allowed
within the preservation area.
(e)
Buffers may be used as greenbelts and shall be conserved as common
areas of open space.
(Ordinance 2021-O-600 adopted 9/9/21)
It is the purpose and intent of this section to promote the
preservation and restoration of diverse ecological communities to
maintain viable populations of all native plant and animal species
dependent on those native plants and representative stands of each
habitat type in the city.
(Ordinance 2021-O-600 adopted 9/9/21)
All landscape plan applicants are encouraged to utilize native plants and trees from appendix A in determining appropriate plant communities for the design, complete installation and restoration of all elements of the landscape plan. The source of all plant material, other than existing native vegetation at the site, shall be from plant nurseries. Invasive species of plants and trees and those trees and vegetation that are prohibited by this article, or listed in appendix C, shall not be included in the landscape plan.
(Ordinance 2021-O-600 adopted 9/9/21)
The plants used in the landscape plan shall consist of the following:
(1)
One hundred percent (100%) canopy trees and seventy-five percent (75%) understory trees from appendix A;
(3)
At least seventy-five percent (75%) of all groundcover, including grasses, shall be from appendix A;
(5)
All trees from appendix A shall be a minimum of six (6) feet in height when measured immediately after planting;
(6)
All shrubs from appendix A shall be a minimum of two (2) feet in height when measured immediately after planting;
(8)
Saplings shall only be used in required buffer areas and shall be
protected as set out in the site plan, development permit or plat,
as applicable.
(Ordinance 2021-O-600 adopted 9/9/21)
A maintenance plan for short-term (two-year establishment) and long-term (lifetime) management of new landscaping to be installed shall be submitted as part of the landscape plan, detailing tasks such as pruning, mulching, fertilizing, and replacement of annuals and short-lived perennials and shrubs to be performed throughout each twelve (12) month period. A maintenance plan is not required for landscape plans required in section 14.04.035.
(Ordinance 2021-O-600 adopted 9/9/21)
A management plan shall be required for any restored habitat,
greenbelts, priority areas, and buffers and screening areas required
for the development. The management plan shall be prepared by the
landowner as part of the landscape plan and submitted to the city
for approval in conjunction with the site plan or development permit.
The preservation management plan shall include methods of preserving
the priority area, buffer zone or screening requirements, as applicable,
and shall include firewise principles especially in high risk areas
such as steep slopes and shall include methods for conserving biological
diversity and management of invasive plants and trees, disease, or
insect infestation.
(Ordinance 2021-O-600 adopted 9/9/21)
(a)
The landowner of the property shall be responsible for compliance
with the management plan, unless an HOA or POA is established for
the property, in which case the HOA or POA, shall be responsible for
the portions of the property owned or controlled by the HOA or POA.
(Ordinance 2021-O-600 adopted 9/9/21)
The management area shall be protected in perpetuity by a binding
legal instrument that is recorded in the deed records.
(Ordinance 2021-O-600 adopted 9/9/21)
(a)
An application for an alternative landscape plan sealed by a state
licensed landscape architect may be submitted for consideration by
the city when site conditions make strict compliance with the landscape
requirements of this article undesirable or impractical.
(b)
Examples of such site conditions include, but are not limited to,
the following:
(1)
Existing buildings, utilities or other improvements;
(2)
Unusual shape of lot, tract or building site;
(3)
Topography, soil, geologic, vegetation or other natural feature;
(4)
Safety (e.g., vehicle safety distance, impediments to vehicle maneuvering,
visibility of traffic or safety related signage, etc.);
(5)
Use of the landscape for stormwater management in compliance with
low-impact design requirements of the Lower Colorado River Authority’s
Highland Lakes Design Manual.
(c)
The alternative landscape plan shall, as a whole, meet or exceed
the standards of this article. When a provision is reduced, the plan
shall increase other provisions to off-set any noncompliance. For
instance, if landscape plantings are reduced in one area, plantings
in other areas that will have a similar beneficial impact shall be
increased by an equal or greater amount. If the area of landscaping
is decreased, the number of plantings shall be increased.
(d)
The city shall approve or disapprove the alternative landscape plan.
If disapproved, the development shall be subject to the landscape
plan requirements set out in this article.
(Ordinance 2021-O-600 adopted 9/9/21)
(a)
If irrigation is proposed, a TCEQ licensed irrigator shall prepare
an irrigation plan for each site prior to installation or alteration
of an irrigation system. An easily available paper or electronic copy
of the irrigation plan must be on site at all times during such installation
of the irrigation system. During the installation or alteration of
the irrigation system, variances from the original plan are allowable
if noted in red on the irrigation plan, and provided that the change(s)
does not diminish the operational integrity of the irrigation system
nor violate any requirement of this section. The irrigation plan must
include complete coverage of the area to be irrigated. If a system
does not provide complete coverage of the area to be irrigated, it
must be noted on the irrigation plan.
(b)
All irrigation plans must be drawn to scale. The plan shall include
the following information:
(1)
The irrigator’s seal, signature, and date of signing;
(2)
All major physical features and the boundaries of the areas to be
watered;
(3)
A north arrow;
(4)
A legend;
(5)
Illustration of water usage zones;
(6)
The zone flow measurement for each zone;
(7)
Design pressure;
(8)
Location and type of each automatic controller and sensor (such as
rain, moisture, wind, flow, or freeze sensors);
(9)
Location, type, and size of each;
(10)
Water source, such as, but not limited to a water meter and point(s)
of connection;
(11)
Backflow prevention assembly;
(12)
Water emission device, including, but not limited to, spray heads,
rotary sprinkler heads, quick-couplers, bubblers, drip, or micro-sprays;
(13)
Valve, including but not limited to, zone valves, master valves,
and isolation valves;
(14)
Pressure regulation component;
(15)
Main line and lateral piping;
(16)
Areas where hand watering will be sufficient to establish and maintain
plantings.
(Ordinance 2021-O-600 adopted 9/9/21)
(a)
All irrigation systems, both residential and nonresidential, shall
be installed in accordance with state law, title 2 Texas Water Code,
chapter 34 and title 30 Texas Administrative Code, chapter 344, as
amended, as regulated and enforced by the Texas Commission on Environmental
Quality (TCEQ).
(b)
A permit shall be required for the installation of all automatic
irrigation systems.
(c)
All automatic irrigation systems are required to have a rain sensor
connected to an irrigation controller in order to stop the irrigation
cycle during and after a rainfall event. Rain sensors are to be installed
in a location where rainfall is unobstructed, such as a rooftop or
fence line. Rain sensors are to be adjusted at the one-fourth-inch
(1/4") setting.
(d)
All new residential and nonresidential irrigation systems are required
to have pressure regulators if static pressure at the site exceeds
the sprinkler manufacturer’s recommended operating range.
(e)
Irrigation systems shall have a controller with multiple cycle, rain
sensor capability and irrigation water budget feature.
(f)
Sprinkler systems shall be designed, inspected, adjusted and maintained
to minimize overspray onto the hardscape throughout the life of the
system.
(g)
Sprinkler heads shall be installed at least eight (8) inches from
the curb or edge of pavement.
(h)
For strips of land less than six (6) feet in width, spray irrigation
shall be prohibited and low-flow irrigation systems (such as drip,
bubblers or micro-irrigation) are required.
(i)
For strips of land between six (6) feet and fifteen (15) feet in
width, only low-flow irrigation (such as drip, bubblers or micro-irrigation),
or spray irrigation using low-angle spray nozzles designed for the
specific width to be irrigated shall be permitted.
(j)
For strips of land more than fifteen (15) feet in width, only low
precipitation rotors with low angle nozzles may be used to irrigate
turf areas. Planting beds may be irrigated with low-flow or spray
irrigation. All spray heads must be designed to prevent low head drainage.
(k)
The incorporation of treated effluent, rainwater, or water from rain/stormwater
systems in an irrigation system is encouraged.
(Ordinance 2021-O-600 adopted 9/9/21)
Tree mitigation fees and tree removal permits are not required
for removal of trees subject to the following:
(1)
Dead or diseased trees.
Provided, that the city staff
determines after a site inspection that a protected or heritage tree
is dead, dying, or fatally diseased prior to commencement of development.
A letter from an arborist may be required to confirm the condition
of the tree if the condition is not obvious and city staff is unable
to make a determination.
(2)
Dangerous trees.
If the city staff determines that a
protected tree or heritage tree is causing a danger or is in a hazardous
condition due to natural disaster, such as a tornado, fire, storm,
flood, or other act of God that endangers public health, welfare,
or safety.
(3)
Sight triangles.
If the city staff determines that a
protected tree or heritage tree is interfering with the safe visibility
at a sight triangle of an existing public street, the tree may be
removed.
(Ordinance 2021-O-600 adopted 9/9/21)
(a)
Heritage trees shall be preserved on site unless otherwise approved
for removal as outlined in this article. The location of heritage
trees shall be shown on the landscape plan. Documents to be recorded,
such as subdivision plats, shall contain a note stating that heritage
trees cannot be removed without a tree removal permit and a variance
to this article. Preserved heritage trees shall be credited towards
the landscape requirements of this article.
(b)
Trees must be protected during construction activities on the property
in accordance with the approved landscape plan. No new development
or other construction impacts shall occur within the dripline of a
heritage tree.
(Ordinance 2021-O-600 adopted 9/9/21)
(a)
The location of protected and heritage trees shall be shown on the
landscape plans associated with plats and site development permit
plans. Preserved heritage and protected trees may be credited towards
the landscape requirements of this article.
(b)
Protected and heritage trees shall be preserved to the greatest extent
reasonably possible. Protected trees removed during construction shall
be supplanted with replacement trees, or payment of mitigation fees,
or both, as required by the tree preservation and mitigation requirements
of this article.
(c)
The city staff shall review all applications for protected tree removal
permits and may issue the permit authorizing removal of such tree(s)
upon applicant’s compliance with the tree replacement requirements
or upon payment of the mitigation fees or both as set forth in this
article. Removal of a heritage tree requires approval of a variance
by the planning and zoning commission and the city council.
(d)
Trees must be protected from and during construction on the property
in accordance with the approved landscape plan and this article. For
single-family residential lots, this provision only applies prior
to the issuance of the initial certificate of occupancy for each lot.
(Ordinance 2021-O-600 adopted 9/9/21)
(a)
Heritage trees may only be removed from a property if a variance
to this article and a landscape plan is recommended for approval by
the planning and zoning commission, approved by the city council and
compliance with required mitigation has been provided.
(b)
The city staff shall process and review all applications for heritage
tree removal permits. However, removal of a heritage tree requires
approval of a variance recommendation by the planning and zoning commission
and approval by the city council.
(c)
The planning and zoning commission shall consider all applications for heritage tree removal permits and make a recommendation for approval or denial of the variance to the city council which shall have final authority to issue the permit. approval of a variance to this article for removal of a heritage tree shall be based on the procedure set out in section 14.04.076 and upon the following:
(1)
Tree size/number of trunks;
(2)
Tree health and viability;
(3)
Tree location;
(4)
Other protected and heritage trees to be preserved on site; and
(5)
Whether all reasonable efforts have been made to design the project
in a way to preserve protected and heritage trees on site.
(6)
Whether protection of the heritage tree will reduce the buildable
area within a platted lot to less than 50%;
(7)
The age of the heritage tree or its historical or cultural significance;
(Ordinance 2021-O-600 adopted 9/9/21)
(a)
The removal of heritage or protected trees shall require mitigation
using the calculations and procedures defined below. Mitigation may
be achieved through credit of existing trees on site, replacement
trees planted on-site, or payment-in-lieu of replacement trees or
a combination of replacement and mitigation fees.
|
Protected trees between ten (10) and eighteen (18) caliper-inches
|
*Replacement trees minimum 2 caliper inches
|
OR
|
Mitigation fee of three hundred dollars ($300.00) per caliper
inch removed
|
|
Protected trees greater 18 caliper-inches and above and including
Ashe Juniper trees
|
*Replacement trees minimum 2 inches
|
OR
|
Mitigation fee of four hundred dollars ($400.00) per caliper
inch removed
|
|
Heritage trees twenty-four (24) caliper-inches and above
|
*Replacement trees minimum 2 inches
|
OR
|
Mitigation fee of five hundred dollars ($500.00) per caliper
inch removed
|
|
* To qualify for replacement mitigation credit all caliper inches removed must be replaced with an equal number of caliper inches. The percentage of replacement credit allowed is set out in subsection (c) below. Native trees removed require replacement from appendix A. The amount of the replacement credit shall be processed and the percentage credited in accordance with subsection (b) and (c) below.
|
(b)
Disposition of payments: All payments made pursuant to this section
shall be deposited in the city’s tree and plant fund, with the
monies in the fund being restricted to landscaping improvements in
parks, conservation areas and other public areas of the city. Mitigation
fees shall be paid prior to tree replacement mitigation. If actual
mitigation is less than proposed, excess mitigation fees shall be
refunded following final inspection.
(c)
The landowner may apply for a replacement tree mitigation credit
by completing an application form prepared by the city. To qualify
for a credit, each tree must be planted on the property for which
the tree mitigation fee was assessed or mutually agreed upon by the
city and the landowner and be at least two (2) inches in diameter
at the point on the trunk four feet six inches (4' 6") above ground.
(1)
The amount of credit provided to the landowner must be applied in
the same manner as the tree mitigation fee assessed; and
(2)
Tree mitigation fees must be paid in conjunction with the building
permit application for tree mitigation occurring on an individual
residential lot, and shall be paid prior to issuance of a site development
permit, development plat or final plat, applicable.
(Ordinance 2021-O-600 adopted 9/9/21)
(a)
Replacement or relocation.
Within new development, protected
or heritage trees removed in the construction of roads or other infrastructure
shall be replaced or relocated within divided medians, at the entrance
of the development, along the right-of-way, and within park areas
if parks are provided.
(b)
Prohibited planting locations.
The placement of replacement
trees shall not be allowed within any public utility or drainage easements
or natural drainageways or in any location which limits sight distances
for vehicular traffic along roadways, rights-of-way, or driveway/roadway
intersections.
(c)
Design standards.
Every effort shall be made to allow
for as many existing canopy native trees and understory native trees
to remain on the lot as possible. During the building design phase,
courtyards, alcoves, and ell shapes should be considered; winding
sidewalks and driveways should also be designed around existing protected
and heritage trees when possible.
(d)
Parking lots.
Parking lots shall also be designed to
incorporate as many existing protected and heritage trees as possible.
(e)
Patios and decks.
Patios and decks shall be designed
around or incorporate existing protected and heritage trees.
(f)
Planted trees that fail to survive.
If trees are planted,
replacement shall be deemed to have occurred if the original replacement
trees are still alive after two years. If the trees have not survived
and are not replaced within 6 months, tree mitigation payment may
be made by the current property owner to the city in lieu of replacement.
(g)
Replacement trees.
Replacement trees shall be a minimum of two (2) inches in caliper measured four feet six inches (4' 6") feet above finished grade immediately after planting. Replacement trees shall be native if the tree being replaced is a native tree. If the tree being replaced is nonnative canopy trees from appendix A or appendix B should be used for replacement as appropriate for the ecosystem where planted.
(h)
Mulch.
A mulched area at least three (3) feet in radius,
and not less than fifty percent (50%) of the drip line area is required
around the trunks of all existing and proposed trees, with the mulch
starting two (2) inches away from the trunk.
(i)
Replacement mitigation.
Once the minimum landscaping requirement is met, existing and retained native hardwood trees smaller than twelve (12) caliper inches and greater than or equal to two (2) caliper inches in healthy condition may be counted toward the replacement mitigation requirements in accordance with the percentage of mitigation credit set out in section 14.04.056(c).
(Ordinance 2021-O-600 adopted 9/9/21)
(a)
The following shall be required as a part of all development plans
for all existing trees which have not been approved for removal in
order to ensure that contractors adequately protect trees during construction.
(1)
A graphics legend to be used throughout the plans for the purposes
of showing the following: trees to be flagged, protective fencing,
trees requiring bark protection, boring, and areas of cut and fill
impacting protected and heritage trees, and the identification of
all applicable trees as either protected or heritage trees.
(2)
Graphic exhibit showing the features of existing trees to be removed
or preserved, including the critical root zone, trunk, canopy, drip
line and caliper.
(3)
Graphic exhibits showing methods of protection, to include fences,
boarded skirts, etc.
(4)
Graphic exhibits showing construction methods, to include grade changes,
boring, trenching, etc.
(5)
All requirements of tree preservation shall be shown graphically
on all applicable sheets within the development plat.
(6)
Reasonable efforts shall be made to provide primary tree protection.
Secondary tree protection is allowable when authorized by the building
official.
(7)
Tree protection fencing. All trees shown on plan to be preserved
shall be protected with primary tree protection - temporary chainlink
fencing. In areas where installation of chainlink fencing would be
detrimental to a tree or a tree’s root system, secondary tree
protection may be acceptable. See details. Alternate fencing such
as chainlink panels or plastic fencing may be approved by the building
official for protection of natural areas.
(8)
Protective fencing shall be installed prior to the start of any site
preparation work and shall be maintained throughout all phases of
the construction project until the final walk-through is performed.
(9)
Tree protection fencing that is damaged or found to be noncompliant
shall be repaired/replaced within 24 hours of notice or a stop work
order shall be given.
(10)
Erosion and sedimentation control barriers shall be installed or
maintained in a manner that does not result in damage to the tree
or critical root zone and in a manner that does not result in soil
buildup.
(11)
Protective fences shall surround each tree or group of trees and
will remain at the location specified in the landscape plan and approved
site development plan. For natural areas, protective fencing shall
follow the limit of construction line in order to prevent the following:
(A)
Soil compaction in the root zone area as a result from vehicular
traffic or storage of equipment and materials;
(B)
Root zone disturbances due to grade changes greater than 4 inches
of cut or fill, or trenching not approved or authorized by the city;
(C)
Wounds to exposed roots, trunk or limbs by mechanical equipment;
(D)
Other activities detrimental to trees such as chemical storage,
concrete clean-outs and other construction spoils.
(12)
Critical root zone.
(A)
No construction or disturbance shall occur within an area that
constitutes more than fifty percent (50%) of the total critical root
zone and one half the radial distance of the critical root zone for
each tree being preserved including protected trees, heritage trees,
and any other trees for which preservation is to be credited. The
remaining critical root zone shall consist of at least one hundred
(100) square feet.
(B)
This defined area shall be flagged and encircled with protective
fencing during construction. The director may approve construction
closer to the trunk than one-half (1/2) the radial distance, depending
on the size, spacing, or species of the tree, the type of disturbance
proposed, and uniqueness of the situation.
(C)
Cut or fill that is greater than four (4) inches in depth and
the severing of major roots shall be considered disturbance for the
purposes of this article.
(D)
Within the protected critical root zone, only flatwork, decking,
or similar construction, may be approved and shall not affect the
branching of the tree.
(E)
If proposed or actual protection of the critical root zone of
a tree does not meet the requirements of this section, then the tree
shall be considered removed and shall require mitigation in accordance
with this article.
 Figure 1. Critical Root Zone
|
 Figure 2. Primary Tree Protection - Chainlink (City of Austin
Standard 610S-2)
|
 Figure 3. Secondary Tree Protection - Wood (City of Austin Standard
610S-3)
|
(Ordinance 2021-O-600 adopted 9/9/21)
The following activities shall be prohibited within the limits
of the critical root zone of any protected or heritage tree subject
to the requirements of this article:
(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
or heritage tree.
(2)
Equipment cleaning; liquid disposal.
No equipment shall
be cleaned, or other materials or liquids deposited or allowed to
flow over land, within the limits of the critical root zone of a protected
or heritage tree. This includes, without limitation, paint, oil, solvents,
asphalt, concrete, mortar or similar materials, tree attachments.
(3)
Signs, wires, or other attachments.
No signs, wires,
or other attachments other than those of a protective nature shall
be attached to any protected or heritage 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 or heritage tree other than
on an existing paved street or parking lot. This restriction does
not apply to single incident access within the critical root zone
for purposes of clearing underbrush, establishing the building pad
and associated lot grading, vehicular traffic necessary for routine
utility maintenance or emergency restoration of utility service, or
routine mowing operations.
(5)
Grade changes.
No grade changes in excess of two inches
(2") (cut or fill) shall be allowed within the limits of the critical
root zone of any protected or heritage tree unless adequate construction
methods are utilized which have been approved by the building official.
(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 or heritage tree except as otherwise allowed
in this article.
(Ordinance 2021-O-600 adopted 9/9/21)
Unless otherwise approved in the site plan or development permit,
the following procedures shall be followed on all construction projects:
(1)
Open space flagging.
All trees or groups of trees within
areas intended to be saved as open space shall be enclosed with orange
fencing along all areas of possible access or intrusion by construction
equipment. Fencing shall be supported by metal “T” posts
at a minimum of ten-foot (10') intervals on center. Single incident
access for the purposes of clearing underbrush is allowed.
(2)
Protective fencing.
In those situations where a protected
or heritage tree is so close to the construction area that construction
equipment will infringe on the root system, protective fencing may
be required between the tree and the construction activity.
(3)
Bark protection.
In situations where a protected or
heritage tree remains in the immediate area of intended construction,
the tree shall be protected by enclosing the entire circumference
of the tree with 2" x 4" lumber encircled with wire or other means
that do not damage the tree. This will protect the bark of the tree
against incidental contact by large construction equipment.
(Ordinance 2021-O-600 adopted 9/9/21)
(a)
In the event that any trees of any kind are cut on a lot, the owner
of the lot or the owner’s agent will be required to remove,
grind or otherwise eradicate the stump of the cut trees in a manner
in which the stump will not be noticeable from surrounding properties
or the street right-of-way.
(b)
For purposes of this section, a stump will not be considered visible
if the top of the stump does not exceed two (2) inches above the surface
of the lot at the location of the stump.
(c)
Removal of one or more stumps from a lot through excavation or bulldozing
will require the installation of erosion and sedimentation controls
as deemed necessary by the city. Revegetation of any area disturbed
by the removal of trees or stumps must be accomplished within sixty
(60) days of the removal. Erosion and sedimentation controls must
be maintained in an appropriate manner to ensure their effectiveness
and aesthetic appearance until such time as new vegetation is permanently
established in the disturbed area(s).
(Ordinance 2021-O-600 adopted 9/9/21)
(a)
Alternative tree preservation may be approved by the city for properties
where existing tree cover is especially dense and the following are
found:
(1)
Removal of a significant number of trees is unavoidable;
(2)
The applicant has planned the development so as to save the highest
quality and greatest number of trees that could be reasonably expected;
(3)
All areas of the site that can be reasonably utilized for tree replacement
have been utilized; and
(4)
The proposed total landscaping exceeds the requirements of this article.
(b)
The approved alternative tree preservation approach shall be included
in the landscape plan and permit.
(Ordinance 2021-O-600 adopted 9/9/21)
Species public nuisance declared. The city declares that invasive or undesirable species listed in appendix C are a public nuisance that degrades landscaped and natural areas. The landscape plan shall identify any prohibited trees or vegetation and shall provide that such species shall be removed. Prohibited trees or vegetation shall not count as credit toward planting requirements. Likewise, removal of same shall not be subject to replacement or tree mitigation fees
(Ordinance 2021-O-600 adopted 9/9/21)
(a)
Appropriate native plants incentives.
Any landowner
or landowner representative submitting a required landscape plan for
new subdivisions or other land developments for landscaping with one
hundred percent (100%) native plants and trees will be eligible for
all or part of the following incentives with eligibility based on
the recommendations of the Planning and zoning commission and approval
of the city council.
(1)
A rebate of up to twenty-five percent (25%) from the city’s
tree mitigation fees;
(2)
City signage placed on site naming the landowner and/or landowner
representative as a green growth company or landowner;
(3)
Certificate of recognition and appreciation from the Lower Colorado
River Authority and Central Texas Soil and Water Conservation District;
(4)
City notice of recognition and appreciation with certificate presented
at city council meeting.
(b)
Restoration of native habitat incentives.
Any landowner
or landowner representative submitting a required landscape plan for
new subdivisions or other land development for landscaping which restores
native habitat through a combination of nonnative invasive plant removal
and installation of one hundred percent (100%) native plants, and
which results in an increase of plants on the developed site will
be eligible for all or part of the following incentives with eligibility
based on the recommendations of the planning and zoning commission
and final approval of the city council:
(1)
A rebate of up to twenty-five percent (25%) from the city’s
tree mitigation fees;
(2)
City signage placed on site naming the landowner and/or landowner
representative as a green growth company or landowner;
(3)
Certificate of recognition and appreciation from the Lower Colorado
River Authority and the Central Texas Soil and Water Conservation
District presented at city council meeting.
(c)
Single-family homes incentives.
The incentives portion
of this article does not apply to individuals submitting a limited
landscape plan for one single-family home on one existing lot.
(Ordinance 2021-O-600 adopted 9/9/21)
The city recognizes that education of its citizens on the benefits
of appropriate native vegetation and the need for the use of more
efficient landscaping practices is essential in order to protect the
city’s most valuable resources, including water, wildlife, and
native plants.
(1)
Public workshops.
To increase public awareness on the
requirements of this article, promote the protection of native plants,
and educate its citizens on local native ecosystems and appropriate
native plants, the city will conduct, at minimum, one public workshop
every year. The costs of the workshops will be borne by the city.
The city may partner with a public agency such as the Central Texas
Soil and Water Conservation District, the Lower Colorado River Authority,
Balcones Canyonlands Wildlife Preserve, or a nonprofit organization
such as Tree Folks or the local chapter of the Native Plant Society
of Texas to provide the workshops.
(2)
Residential subdivision education required.
The developer
or POA, as applicable, with guidance from the city, will also design
and supply each new subdivision homeowner with educational materials
about the subdivision’s landscape plan, including information
on the appropriate native plants, soils, wildlife habitat, fertilizers,
and water usage within their subdivision. The costs for the printing
of the educational materials will be borne by the developer or POA,
as applicable.
(Ordinance 2021-O-600 adopted 9/9/21)
(a)
Installation.
A common cause of landscape failure is planting too deep and failing to manage circling roots. All landscape materials shall be installed and maintained according to best practices for the Central Texas region. Low water demanding landscapes are encouraged and shall include use of native plants and adapted plants as included in the appendix A and appendix B.
(b)
Maintenance.
The owner of landscaped property shall
be responsible for the maintenance of all landscape areas. Said areas
shall be maintained so as to present a healthy appearance at all times
and shall be kept free of refuse and debris. Native plants shall be
maintained in their naturally occurring shapes with minimal pruning.
All planted areas shall be provided with a readily available water
supply and watered as necessary to ensure healthy establishment. Limit
water and fertilizer for native plants once established. Landscape
irrigation systems shall not be mandatory with low water demanding
landscapes. Drip irrigation or soaker hose systems and landscape designs
for low impact stormwater management that keep stormwater runoff on-site
are encouraged. Maintenance shall include the removal of dead plant
material and its replacement if that material was used to meet the
requirements of this section.
(c)
Quality.
Trees, shrubs, vines and ground cover planted
pursuant to this section shall be healthy nursery stock that meets
or exceeds the American Standard for Nursery Stock (ANSI Z60.1).
(d)
Turf grass and alternatives.
(1)
All turf grass installed shall have summer dormancy capabilities. Recommended varieties can be found in the plant reference resources appendix A. St. Augustine and common Bermuda shall not be used.
(2)
Alternative options to turf grass shall use native and adapted landscape
plants for planting such as wildflower prairies, ground cover, flower
and shrub beds, or mulch. No more than thirty (30%) percent of the
landscaped portion of residential lots may consist of non-degradable
pervious material such as river rock, gravel, decomposed granite,
tumbled glass or pervious pavers.
(3)
The maximum landscape that may be planted in turf grass for nonresidential
development shall be limited to forty (40%) percent of the required
landscape area. No more than fifty (50%) percent of the landscaped
portion of nonresidential lots may consist of non-degradable pervious
material.
(4)
Turf grass in nonresidential developments shall be located in strips
no less than ten (10) feet wide. Landscaped areas smaller than ten
(10) feet in width shall use ground covers or pervious materials.
(e)
Tree diversification during development.
No more than
fifty percent (50%) of the same species may be planted as street trees
or individual lot trees on the same street when subdivision lots are
first developed to avoid potential loss of entire plantings due to
disease.
(f)
Nondisturbance zone.
A nondisturbance zone shall be
maintained on single-family and two-family lots during the subdivision
construction and building permit phases of development. A disturbance
area no more than five feet (5') from the foundation necessary for
construction and grade transitions shall be permitted. This disturbance
area shall be no more than ten feet (10') from the foundation for
properties on lots larger than one-half (1/2) acre. The trees located
on the remainder of the lot shall not be removed unless a unique situation
is approved by the city.
(g)
Pruning oak trees.
(1)
To help prevent the spread of oak wilt, pruning of any type of oak
tree shall be prohibited from February 1st through June 30th unless
approved in advance by, and performed under the supervision of a licensed
arborist for a tree showing signs of disease, damage through a storm,
reasons related to public safety or protection of property, or other
extenuating circumstances where maintenance is deemed necessary by
the city’s arborist.
(A)
At all times of the year, suspected disease of any oak tree shall
be reported to the city for review by the city arborist before the
pruning is performed to minimize the risk of oak wilt spread.
(B)
For the period outside February 1st through June 30th, pruning for
maintenance or removal of branches of any protected or heritage oak
tree shall be performed under the supervision of a ISA-certified arborist.
If the property owner uses an ISA-certified arborist of their choice
for pruning of a protected or heritage oak tree, the property owner
may apply for a small reimbursement from the city’s tree mitigation
fund.
(C)
TexasOakWilt.org guidelines shall be followed for correct pruning
techniques and disposal methods to prevent spread of oak wilt. Any
oak suspected to have oak wilt shall be reported to the city for proper
identification by the city’s arborist. The property owner shall
follow the city arborist’s direction for immediate removal or
correct treatment of all trees confirmed to have oak wilt.
(D)
There is no charge to the property owner for services provided by
the city’s arborist.
(2)
Pruning protected trees of non-oak species may occur as needed throughout
the year. Any brush and tree removal must be permitted through the
city development services office.
(h)
Artificial materials.
Synthetic or artificial lawns
or plants, if allowed by state law and property owner’s association
rules, shall not be used in lieu of plant requirements.
(i)
Planters.
The use of architectural planters may be permitted
in fulfillment of fifty percent (50%) of the landscape requirements
for commercial or industrial landscapes.
(j)
Pervious materials.
Any approved decorative aggregate
or pervious brick pavers shall qualify for up to ten percent (10%)
of the required landscaping if contained in planting areas, but no
credit shall be given for concrete or other impervious surfaces.
(k)
Mulch.
All exposed soil surfaces of disturbed non-turf
areas within the developed landscape area must be mulched with a minimum
two-inch layer of organic material. Examples of organic material include
first-pass chopped native hardwoods, shredded cedar, composted leaves,
and shredded landscape clippings. Natural areas are exempt from additional
placed mulch.
(l)
Lighting.
Landscape lighting of all types shall meet
the city’s lighting standards and requirements for night-time
light control to preserve dark skies.
(m)
Tree preservation markings.
All trees to be preserved
as shown in an approved landscape plan shall be clearly marked prior
to the commencement of construction activities.
(n)
WaterWise landscape principles.
WaterWise landscape
principles shall be an integral component of the landscape design
and plan. Home builders shall be required to offer a WaterWise landscape
option using drought-tolerant and drought-resistant native plants
in any series of landscape options offered to home buyers. The seven
basic principles of WaterWise landscaping include:
(1)
Proper planning and design, including grouping plants by their water
needs, grouping plants by their microclimate needs;
(2)
Proper soil preparation (compost-improved topsoil);
(3)
Practical turf grass selection of drought resistant-species;
(4)
Appropriate plant selection. The plants listed as invasive plants
shall not be offered as part of a WaterWise landscape option;
(5)
Efficient irrigation systems;
(6)
Use of mulches;
(7)
Appropriate maintenance.
(o)
Excluded items.
The following may not be counted toward
the above landscape area requirements:
(1)
Detention and water quality ponds unless such ponds are designed
as follows:
(A)
The ponds shall utilize earthen berms.
(B)
Any structural stabilization shall be limited to the use of native
stone (except for outlet structures) and shall be limited to not more
than thirty percent 30%) of the perimeter of the pond.
(C)
Such ponds shall be seamlessly integrated with the landscaping.
(D)
Such ponds shall be not greater than eighteen inches deep.
(E)
Such ponds shall not comprise more than twenty-five percent (25%)
of the required landscape area.
(2)
Utility, mechanical and electrical facilities.
(3)
Sidewalks or other paved surfaces except for any decorative aggregate
or pervious brick pavers if contained in planting areas and comprising
less than ten percent (10%) of the required landscape area.
(4)
Landscaped areas less than four feet in width.
(p)
General landscape minimums.
A minimum percentage of
the total lot area of property on which development occurs shall be
devoted to landscape development in accordance with the following
schedule. Such percentages may include setback areas. All nonsingle-family
and non-two-family setback areas are required to be landscaped in
accordance with this article even if they exceed the following percentages:
(1)
Multifamily dwellings (tri-plex, four-plex, condominiums or apartments):
20%.
(2)
Office and professional uses: 15%.
(3)
Commercial uses: 15%.
(4)
Industrial or manufacturing: 10%.
(5)
Single-family and two-family dwelling housing developments: 15% preserved
in perpetuity as native habitat (may include greenbelts and steep
slope environmental overlays).
(6)
Schools, churches, city centers and parks: 15%.
(Ordinance 2021-O-600 adopted 9/9/21)
(a)
Trees and shrubs identified on appendix A or appendix B shall be utilized within the required landscaping as described below.
(1)
For every six hundred (600) square feet of landscape area and setback
area required by this article, two (2) canopy shade trees two (2)
inch caliper or larger and four (4) shrubs, five (5) gallon container
size or larger) shall be planted. Two ten (10) gallon container sized
ornamental trees may be substituted for every one (1) required shade
tree as long as at least half of the required number of shade trees
is installed.
(2)
Trees shall be credited on a caliper-inch basis.
(A)
For every one (1) caliper-inch of a tree that is saved, credit shall
be given for one (1) caliper-inch of a tree required to be planted.
(B)
For every one (1) caliper-inch of a protected or heritage tree over
eighteen inches (18") caliper that is saved, credit shall be given
for two (2) caliper-inches of a tree required to be planted.
|
At least seventy five percent (75%) of the planted trees are
required to be large trees/shade trees.
|
(3)
In calculating the credit from existing protected trees and shrubs
that are retained, shrubs shall be credited on a one-for-one basis
if such shrub is equivalent or greater in size to a comparable five-gallon
container-grown shrub.
(b)
To allow for larger landscaped activity areas at school facilities,
for every six hundred (600) square feet of landscaping required by
this section, one (1) tree and three (3) shrubs (five (5) gallon container
size or larger) shall be planted.
(c)
To reduce the thermal impact of unshaded parking lots, additional
trees shall be planted as necessary so that the center point of each
parking space is no more than seventy-five (75) feet away from the
trunk of a tree.
(1)
Appendix A includes a list of native shade trees acceptable for use as parking lot trees or street trees.
(2)
If used, street trees shall be planted between the sidewalks and
back of curb (or edge of pavement) if the public utility easement
is more than five (5) feet from the back of curb or edge of pavement.
If the public utility easement is adjacent to the back of curb or
edge of pavement, the tree designated as a street tree shall be planted
on the lot side of the easement. A street tree shall be a large tree
species and shall be specified in the construction plans for the subdivision
(if applicable). Street tree spacing shall average thirty (30) feet
on center between trees on the same side of the street. Street trees
may be counted toward the required tree plantings within the front
or street side setback area. Caution should be taken to avoid planting
street trees of the same species that come from the same tissue culture
to minimize later mass failure from disease.
(d)
Other than single-family and two-family development, setback areas
shall be landscaped per the standards of this section.
(Ordinance 2021-O-600 adopted 9/9/21)
(a)
Shrubs shall be five (5) one-gallon shrubs, three (3) five-gallon
shrubs, and a mix of ground cover and turf grass or an alternative
material as defined in this section from the front property line to
the front two (2) corners of the structure. If rain gutters are not
used, a minimum area extending three feet (3') from the slab/foundation
shall be covered with ground cover plants, turf grass or French drain
with gravel to encourage water infiltration.
(b)
Each residential lot or building envelope shall be required to plant at least two (2) trees measuring at least two (2) caliper-inches selected from the city’s plant reference resources (appendix A). At least one of the required trees shall be a street tree planted between the sidewalk and the back of curb (or edge of pavement) in accordance with The Urban Tree Foundation planting details. Street tree spacing shall average thirty (30) feet on center between trees on the same side of the street which may require two (2) or more street trees to be planted per lot to achieve the required spacing.
(c)
Lots less than thirty (30) feet wide and with less than a fifteen
(15) foot deep front yard are only required to plant one (1) large
tree which shall be the street tree. One small ornamental tree shall
be planted in the front yard of the lot. Corner lots shall plant street
trees on both streets. Existing trees and shrubs that are retained
in healthy condition may count toward fulfillment of these requirements.
(d)
Seventy-five percent (75%) of the landscape understory shall be native
plants appropriate for the location.
(Ordinance 2021-O-600 adopted 9/9/21)
The landscaping shall be placed upon that portion of a tract
or lot that is being developed. Thirty percent (30%) of the required
landscaped area and required plantings contained in the landscape
requirements listed in this section shall be installed between the
front property lines and the building being constructed. Undeveloped
portions of a tract or lot shall not be considered landscaped, except
as specifically approved by the city.
(Ordinance 2021-O-600 adopted 9/9/21)
No landscaping that will be over three (3) feet in height at
maturity shall be planted within forty (40) feet of the intersection
of any street pavement. Any planted or existing vegetation within
this area shall be kept pruned so that foliage shall not grow or exist
within three (3) and eight (8) feet above the elevation of the curb
closest to the vegetation.
(Ordinance 2021-O-600 adopted 9/9/21)
In cases of death or removal of a tree planted pursuant to the
terms of this article within ten (10 years of installation, a replacement
tree of equal size and type shall be required to be planted. A smaller
tree that will have a mature crown similar to the tree removed may
be substituted if the planting area or pervious cover provided for
the larger tree in this section is retained.
(Ordinance 2021-O-600 adopted 9/9/21)
Waterfront property along Lake Travis or any of its tributaries
shall preserve a thirty-five foot (35') buffer from the water’s
edge at normal high water mark or landward side of floodplain boundary
maintained in native woody vegetation for water quality including
control of sediment and for wildlife habitat unless a higher standard
is required by the Lower Colorado River Authority to meet environmental
regulations.
(Ordinance 2021-O-600 adopted 9/9/21)
(a)
General.
Screening buffers are required to reduce the
visual impact between one type of land use and another.
(b)
High impact screening.
A one hundred percent (100%)
opaque screen is required between dissimilar land uses per the chart
below. Both of the following elements are required to be installed
within the buffer area: (1) an eight-foot (8') masonry wall or wood
fence; and (2) a low-impact landscape screen on one side of the fence.
The high-impact screen shall be regularly maintained to ensure wall
or fence and landscaping remain in excellent condition.
(c)
Medium impact screening.
A seventy percent (70%) semi-opaque
screen is required between dissimilar land uses per the chart below.
Semi-opaque screening should partially block views from adjoining
land use and create a separation between the adjoining land uses.
Medium-impact screening may consist of a wood or metal fence with
landscape screening of shrubs and ornamental trees, or solely landscape
screening of canopy trees, ornamental trees, evergreen trees and shrubs,
with 25% canopy trees.
(d)
Low impact screening.
A partially open screen of plants
is required between somewhat similar land uses. Open screening should
provide an attractive separation between land uses. This landscape
screen shall consist of 15% canopy trees, 10% ornamental trees, 15%
evergreen trees and 30% shrubs.
|
Visual Screening Chart
| |||||
|---|---|---|---|---|---|
|
Adjoining Use and Impact Level
| |||||
|
Proposed Use
|
Single-Family
|
Multifamily
|
Commercial
|
Office
|
Industrial
|
|
Single-Family
|
None
|
High
|
High
|
High
|
High
|
|
Multifamily
|
High
|
None
|
High
|
Medium
|
High
|
|
Commercial
|
High
|
High
|
None
|
None
|
Low
|
|
Office
|
High
|
Medium
|
None
|
None
|
Low
|
|
Industrial
|
High
|
High
|
Low
|
Low
|
None
|
(Ordinance 2021-O-600 adopted 9/9/21)
There is hereby created a tree mitigation fund, a separate fund
of the city that shall receive all funds collected under this article
and which shall be received and administered by the city for purposes
outlined in this article.
(Ordinance 2021-O-600 adopted 9/9/21)
It shall be unlawful for any person or entity, to permit, cause
or allow a protected or heritage tree to be cut down, destroyed, removed,
topped or moved, whether directly or indirectly without first obtaining
a tree removal permit or an approved landscape plan that includes
the right to remove protected or heritage trees.
(Ordinance 2021-O-600 adopted 9/9/21)
(a)
Petition.
Any landowner whose property is regulated
by this article may petition the city for a variance from the requirements
of this article. Any landowner who intends to remove a heritage tree
shall be required to petition and receive a variance to this article.
The petition must include:
(b)
Consideration and decision.
The commission shall recommend
and the city council shall consider and take action on the variance
request at a public hearing. Following the public hearings and action
by the commission and city council, the city will notify the landowner
in writing of the city’s decision to either approve or deny
the petition.
(c)
Appeal.
If the planning and zoning commission recommends
denial of the variance petition, the landowner may appeal such recommendation
to the city council by submitting a written notice of appeal to the
city within thirty (30) days after the date of determination by the
planning and zoning commission. Failure of the applicant to request
an appeal within the thirty (30) day period concludes the variance
request.
(Ordinance 2021-O-600 adopted 9/9/21)
City staff, or city designated representatives, shall have the
authority to make inspections at reasonable hours of all areas landscaped
pursuant to this article at any time during the development of a site,
installation of the landscape plan at the site, and within the first
year after the date that the landscaping is completely installed.
The inspections may be made without notice, and refusal to allow such
inspection will be a violation of this article. Refusal to allow inspection
will constitute grounds for a court of competent jurisdiction to issue
an administrative warrant for the purposes of inspecting the landscaped
area. The city may utilize knowledgeable volunteers from the local
native plant society, the local soil and water conservation district
and university extension offices for the purposes of completing the
inspections.
(Ordinance 2021-O-600 adopted 9/9/21)
The city may charge an applicant reasonable fees for any permits
and applications required by this article, which fees may from time
to time be amended by the city.
(Ordinance 2021-O-600 adopted 9/9/21)
Violations of these requirements shall be enforced in accordance with specific sections of this article and in accordance with section 1.01.009, general penalty for violations of code; continuing violations, of the city’s code and as otherwise set out in chapter 14.
(Ordinance 2021-O-600 adopted 9/9/21)
