[1]
Editor’s note–Former article 10.13 pertaining to landscaping and tree preservation was repealed and replaced with similar provisions by Ordinance 2023-19 adopted 9/11/2023. Prior to the deletion, this article derived from the following: Ordinance 2015-11 adopted 3/23/15; 2010 Code, secs. 38-118; 38-140–38-159; Ordinance 2018-06 adopted 3/12/18; Ordinance 2019-12 adopted 4/22/19.
The purpose of this article is to establish requirements to enhance the community's ecological, environmental, and beautification efforts as well as its aesthetic qualities. It is the intent of this article to reduce the negative effects of glare, noise, erosion, and sedimentation caused by expanses of impervious and unvegetated surfaces within the urban environment. It is the intent of this article to preserve and improve the natural and urban environment by recognizing that the use of landscaping elements can contribute to the processes of air purification, oxygen regeneration, groundwater recharge, noise abatement, glare and heat reduction, and provision of habitats for wildlife, and enhance the overall beauty of the city. The city recognizes the value of creating attractive corridors through the city and for creating usable open spaces during the subdivision and site planning processes to provide opportunities for hike and bikeways, greenbelts and the preservation of floodplains in a natural condition where practical to add community value.
(1) 
Applicability.
(A) 
Per V.T.C.A., Local Government Code section 212.002, the regulations contained in this article shall apply to all properties in the city.
(B) 
New construction of mixed use, single-family, multi-family residential, commercial, industrial, and manufacturing developments occurring after the adoption of this article.
(C) 
Events causing compliancy: Properties not previously subject to landscaping requirements may be required to comply with this section upon the occurrence of one of the following events:
(i) 
A change in zoning;
(ii) 
Requirement of landscaping as conditions of a specific use permit;
(iii) 
Issuance of a building permit(s) for remodeling or alterations of properties taking place within a 12-month period in which the total value exceeds 50% of the valuation of property improvements (excluding land value) on the current Wharton County Appraisal District's tax rolls; or
(iv) 
Loss of legal nonconforming status.
(D) 
Applicability to government owned land: The requirements of this article shall apply to land developed by any governmental entity but shall not be construed to require governmental entities to landscape public rights-of-way, utilities, easements or outdoor maintenance/operation yards.
(E) 
Exceptions:
(i) 
Remodeling or alterations of property containing an owner-occupied single-family residence or duplex which has qualified for the homestead exemption;
(ii) 
Restoration of a building that has been damaged by fire, flood, explosion, riot, act of the public enemy, other natural disaster, or accident of any kind, if said structure may be restored under the nonconforming use provisions of the UDC. For purposes of this subsection, restoration means the act of putting back into a former or original state;
(iii) 
Planned development districts. Landscaping requirements consistent with the standards and purposes of this article shall be part of all ordinances establishing or amending planned;
(iv) 
Property used for agriculture or timber harvesting. Property used for agriculture or timber harvesting within the city limits or as appraised for agricultural or timber production in the city and being actively used for agricultural or timber purposes shall be exempt from the requirements specified herein.
(v) 
Schools and churches. The city recognizes the unique circumstances associated with school and church development and the fact each of these uses may have considerable open space devoted to playgrounds, ball fields, outdoor recreation or areas for future expansion of facilities. For these uses, the building official may issue landscaping credit toward fulfilling the landscaping requirements of this article subject to the following criteria:
a. 
Open space is landscaped with approved turf grass designated by this article;
b. 
Open space contains recreational facilities, including, but not limited to, playgrounds and tennis courts, on pervious or impervious surfaces;
c. 
More substantial tree and shrub landscaping is planted along the perimeter of the school or church property lines;
d. 
The landscape plan complies with all landscape buffer requirements of this article for protected uses.
(2) 
Permits and occupancy.
(A) 
A landscape and tree preservation plan meeting the requirements of this article shall be provided and approved prior to the issuance of a building permit.
(B) 
All approved landscaping must be installed in accordance with the approved landscape plan, tree preservation plan, tree protection plan and planting plan prior to issuance of a final certificate of occupancy for a building site. However, the property owner may elect to provide the building official with documented assurances that the landscaping will be completed, as prescribed in this article. If so, a conditional certificate of occupancy may be issued by the building official for a period of six months or a period of time consistent with growing seasons. For purpose of this section, "documented assurance" shall be per the requirements of section 10.13.003 of this article.
(C) 
The property owner is responsible for notifying the building official when the landscape installation is completed and for obtaining a nonconditional certificate of occupancy. If the property owner fails to notify the building official within the prescribed period of time, the building official shall revoke the conditional certificate of occupancy.
(3) 
Nonconforming landscape conditions.
Developments, structures, and uses that are in existence at the time of the adoption of this article, which do not meet the landscape requirements provided herein, will be considered as being legal nonconforming. These nonconforming uses/structures will be subject to article 10.10 nonconforming uses, unless otherwise provided for in this section.
(4) 
Penalty.
If, at any time the approved landscaping is found to be not in conformance with the standards and criteria of this article, a notice to the owner shall be issued, citing the violation and describing what action is required to comply with this section. The owner, tenant or agent shall have 90 calendar days from date of said notice, or a period of time consistent with growing seasons as approved in advance by the building official, to establish/restore the landscaping, as required. If the landscaping is not established/restored within the allotted time, then such person shall be in violation of this article. Any person who violates any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as provided in the city code.
(Ordinance 2023-19 adopted 9/11/2023
(a) 
Landscape plan.
A landscape plan demonstrating compliance with all landscaping requirements shall be submitted to the city for approval. The landscape plan may be submitted as a part of the site plan.
(1) 
Qualifications to prepare plans.
For all lots greater than three acres in area, landscape plans shall be prepared by a registered landscape architect. For lots less than three acres in area, a landscape designer or landscape contractor, knowledgeable in plant materials and landscape design, may prepare the landscape plan. Landscape plans for owner-occupied single-family residence or duplex are not required to be drafted by a landscape professional. Irrigation plans shall be prepared by a licensed irrigator. The city may reject plans if deemed of insufficient quality or completeness and require that plans be prepared by a registered landscape architect or a licensed landscape contractor.
(2) 
Contents.
The landscape plan shall meet the following standards and contain the following information:
(A) 
Acceptable scale: 1 inch equals 10 feet, 1 inch equals 20 feet, or as approved;
(B) 
Property boundaries and dimensions, existing/proposed utilities and easements, location and footprint of proposed/existing buildings, sidewalks, and parking lots;
(C) 
Location of all plant and landscaping material to be used, including plants, paving, benches, screens/buffers, fountains, statues, earthen berms, ponds (to include depth of water), topography of site, or other landscape features (except that location of plants and landscaping materials be generalized on a conceptual landscape plan);
(D) 
Species, size, spacing, and quantities of all plant material to be used in a tabular form (except that conceptual landscape plans may provide general plant types in lieu of species);
(E) 
Location, caliper size and name of existing trees to be preserved or replacement trees, in accordance with the tree preservation plan included in this section;
(F) 
North arrow, graphic and written scale in close proximity;
(G) 
Appropriate title (i.e., "landscape plan") block, including project street address, project name, and date of plan preparation, and any revision dates;
(H) 
Person(s) responsible for the preparation of the landscape plan, including affidavit of their qualifications to prepare said plan;
(I) 
Type of irrigation system and location of watering source (irrigation, sprinkler, or hose bib);
(b) 
Tree preservation plan.
A tree preservation plan demonstrating compliance with all tree preservation requirements shall be submitted to the city for approval. The tree preservation plan may be submitted as a part of the landscape or site plan.
(1) 
Qualifications to prepare plans.
For all lots greater than three acres in area, tree preservation plans shall be prepared by a registered landscape architect or arborist. For lots less than three acres in area, a landscape designer or landscape contractor, knowledgeable in plant materials and landscape design, may prepare the tree preservation plan. Tree preservation plans for owner-occupied single-family residence or duplex are not required to be drafted by a landscape professional. Irrigation plans shall be prepared by a licensed irrigator. The city may reject plans if deemed of insufficient quality or completeness and require that plans be prepared by a registered landscape architect or a licensed landscape contractor.
(2) 
Contents.
The tree preservation plan shall meet the following standards and contain the following information:
(A) 
Acceptable scale: 1 inch equals 10 feet, 1 inch equals 20 feet, or as approved;
(B) 
Property boundaries and dimensions, existing/proposed utilities and easements, location and footprint of proposed/existing buildings, sidewalks, and parking lots;
(C) 
Existing/proposed topography;
(D) 
Location, caliper, critical root zone and canopy span of each tree to be preserved;
(E) 
Tree inventory list that summarizes total number of caliper inches to be removed and to be preserved (trees down to 3 inches caliper measured at 12 inches above ground level can be used to calculate preservation diameter inches).
(c) 
Alternative plan.
The building official may approve an alternative plan, which is not in strict compliance with the requirements of this article. Such alternative plan must meet the objectives and purposes of this article, and clearly be superior to a plan that would otherwise be in strict compliance. In making such determination, the building official may consider the topography, shape, size, or other natural features of the property, the suitability of any alternative screening or buffering proposal, and other similar factors. The building official reserves the right to have alternative plans reviewed by the board of adjustments in cases where a variance may be needed to make determination.
(d) 
Modification of plan.
Any major modification to the existing landscape development plan must be in accordance with this article and must be approved by the city's building official.
(Ordinance 2023-19 adopted 9/11/2023
This section shall be a minimum standard and shall apply to any property on which new development occurs for which a building permit is required, including all new construction or any events that cause compliance in accordance with section 10.13.001. No building permit shall be issued unless the proposed development meets the minimum landscape requirements described herein.
(1) 
General standards.
(A) 
Approved plants.
Trees, shrubs and ground cover plants shall be utilized in accordance with professional advice from a local certified horticulturist/arborist or from the 'Best of Texas' plant database maintained by the Texas Nursery and Landscape Association (TNLA) available online at bestoftexas.tnlaonline.org a copy of which shall remain on file in the office of the city inspections department. Developers proposing to use an alternate species of plants shall submit any information on the alternate species to the inspections or parks department (which should consult with a landscape professional) for review. If, after review, it is determined that the alternate species of plants meets the intent of these regulations, the alternate plant species will be permitted.
(i) 
Trees.
a. 
Minimum caliper size.
Newly planted trees should be a minimum caliper size that corresponds to the average size at maturity, as detailed below, at the time of planting. For the purpose of this article, the caliper or the thickness of a tree trunk is the circumference of the trunk when measured at 12 inches above ground level. Species shall be selected from the approved plant resource referenced in this article.
1. 
Small: Minimum 1 inch caliper at time of planting.
2. 
Medium: Minimum 1.5 inch caliper at time of planting.
3. 
Large: Minimum 2 inch caliper at time of planting.
b. 
Tree average size.
Average size at maturity is categorized in accordance with the approved plant resource as follows:
1. 
Small: Up to 25 feet in height.
2. 
Medium: 26-50 feet in height.
3. 
Large: Over 50 feet in height.
(ii) 
Shrubs and hedges.
a. 
Shrubs shall be a minimum of 1 gallon at planting.
b. 
Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen that will be three feet high within one year after time of planting.
(iii) 
Turf grass.
Grass areas may be sodded, plugged, sprigged or seeded.
(iv) 
Vines.
Vines shall be a minimum of 2 feet in height at time of planting and may be used in conjunction with fences, screens, or walls to meet screening requirements as specified.
(v) 
Groundcover.
Groundcovers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year of planting.
(vi) 
Seasonal color plants.
At property owners' discretion.
(B) 
Landscaping on public right-of-way.
(i) 
The city shall have jurisdiction and supervision over all trees and plant materials planted or growing on city property or growing in, upon or over city property and right-of-way, as defined in this article. The city shall have authority to plant, trim, spray, treat, preserve and remove such trees and plant materials to ensure the public safety or preserve the aesthetics of city property. The city, through its subdivision processes, may allow for the designation of medians within public rights-of-way for landscaping, and designate primary landscape installation and maintenance responsibilities to duly authorized homeowners' or property owners' associations, but the city reserves the authority to plant, trim, spray, treat, preserve and remove such trees and plant materials to ensure the public safety or preserve the aesthetics of city property, or may require the duly authorized homeowners' or property owners' associations to plant, trim, spray, treat, preserve and remove such trees and plant materials to ensure the public safety or preserve the aesthetics of city property.
(ii) 
All required landscape areas within a dedicated median, street or other public right-of-way must also provide and install irrigation facilities for such landscape areas. Such irrigation facilities shall consist of an adequate number of heads and controllers to properly irrigate all areas landscaped.
(iii) 
The developer, at its sole expense, shall furnish, or cause to be furnished, all labor, materials, equipment, accessories, water and electrical facilities, and all other services necessary to maintain all plant materials installed in a healthy, vigorous, growing condition, and replace any materials when and as they become damaged or die in accordance with the landscape plan.
(iv) 
All unpaved portions of public right-of-way (ROW) must be planted with an approved grass or groundcover.
(v) 
Tree planting in median and right-of-way (ROW): In addition to any other trees that may be required pursuant to this article, the owner of a residential or commercial development may plant trees within any required medians. A clear sight line for the observance of oncoming traffic is required at median breaks and street or drive intersections. The following criteria shall apply with modifications at the discretion of the planning and community development director or their duly appointed representative:
a. 
Trees shall be installed a minimum of 5 feet from curbs (medians must be at least 10 feet wide).
b. 
No tree plantings shall be permitted within areas less than 5 feet in width.
c. 
Trees shall be spaced a minimum of 50 feet apart.
d. 
Trees shall be placed no closer than 50 feet from the end of medians.
e. 
Trees planted in medians should be appropriately sized for the median area.
f. 
The owner of the developed land shall not plant any tree on such land at a location which is adjacent to a street right-of-way where overhead utility lines are present. The intent of this restriction is to prevent a mature tree from being trimmed from the utility line area that would substantially hinder the longevity of the tree and its appearance. Except:
1. 
Trees such as crepe myrtles and other species that typically do not mature to a height that exceeds 16 feet are acceptable to be planted under utility lines, provided that these trees do not adversely affect traffic safety.
2. 
Trees that have the potential to grow over a long period of time that will exceed 16 feet in height such as elm, oak, pecan and similar species are prohibited from planting under or near the overhead utility lines. A buffer area is required for these type trees of at least 50 feet from the utility right-of-way, or distance appropriate for the mature width of such tree.
(C) 
Visibility triangle at intersections.
(i) 
The areas of property located at a corner formed by the intersection of two or more public rights-of-way (or private driveway onto a public road) shall have a triangular visibility area with two sides of each triangle being setback the distance prescribed by the assigned zoning designation as detailed in article 10.03 district regulations of the unified development code.
(ii) 
Visibility triangles as defined herein shall be maintained at all street, alley, or private drive intersections. Nothing herein shall be construed as permitting or requiring any obstruction to views and no person shall locate a structure or plant material in a manner which will create a traffic hazard.
(D) 
Installation and maintenance of landscaping.
(i) 
Prior to issuance of a certificate of occupancy for any applicable building or structure, all screening and landscaping shall be in place in accordance with the landscape plan approved as part of the site plan.
(ii) 
The property owner shall be responsible for the maintenance of all landscape areas, including adjacent right-of-way, and keep all areas free from nuisances. The areas shall be maintained so as to present a healthy, neat and orderly appearance at all times.
(iii) 
Landscaped areas shall be kept free of trash, litter, weeds and other material or plants not a part of the landscaping.
(iv) 
All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year.
(v) 
All landscape materials shall be installed according to Texas Nursery and Landscape Association (TNLA) standards.
(vi) 
Vegetation other than approved grasses or ground cover is prohibited in any city right-of-way unless authorized by the city.
(vii) 
Should any of the plant materials used in any landscaping required under this section die, the owner of the property shall have 90 days or a period of time consistent with growing seasons as approved in advance by the building official, after notification from the city to obtain and install suitable replacement plant material. Synthetic or artificial lawn or plant material shall not be used to satisfy the requirements of these regulations.
(viii) 
If seasonal weather conditions, drought or act of God makes it impractical to install landscaping, or replacement landscaping, as required herein, a deferral of the required plant installation may be requested for a period not to exceed six months. The applicant may be required to provide a letter of credit, bond, or escrow deposit in an amount sufficient to cover the installation of the required landscape and irrigation requirements, plus a ten percent contingency. Such amount shall be evidenced by an itemized bid prepared by a qualified contractor. Upon the failure of the applicant to complete the installation requirements, the city shall have the right to draw upon the letter of credit or escrow. A deferral may not be requested for any required screening fence or wall.
(ix) 
It shall be the duty of any person or persons owning or occupying real property bordering on any street to prune trees next to the street in such manner that they will not obstruct or shade any streetlights, obstruct vision of traffic signs, or obstruct the view from any street intersection, pursuant to the city's visibility standards. Landscaping within required visibility triangles at street intersections and site access driveways shall comply with the requirements of this section.
(x) 
Irrigation. All new construction sites, with the exception of new SF homes, are required to include irrigation in the landscape plan unless utilizing an approved xeriscape landscape design. Irrigation requirements are as follows:
a. 
All landscaped areas shall be irrigated with an approved automatic underground irrigation system unless the landscaped area has been designed utilizing xeriscaping methods. All irrigation systems shall be designed and sealed in accordance with the Texas Commission on Environmental Quality (TCEQ) and shall be professionally installed. Irrigation shall not be required for undisturbed natural areas or undisturbed existing trees.
b. 
Flat spray heads should be utilized under shrubs rather than upward spray heads on risers above shrubs. Lawn spray heads should run for longer periods of time, and water infrequently to promote deep root growth for grasses. Irrigation systems must be equipped with a rain/freeze sensor.
(2) 
Minimum requirements.
(A) 
Single-family, two-family (duplex), four-family (fourplex), and manufactured home residential.
The following are minimum landscaping requirements for new single-family, two-family (duplex), four-family (fourplex), and manufactured home lots and developments.
(i) 
Open space.
The front yard shall have a minimum of 50 percent open space. The open space shall consist of approved grass or ground cover and be clear of any concrete, asphalt, gravel or other impervious material. The front yard requirement for a home built in a cul-de-sac shall have a minimum of thirty percent (30%) open space.
(ii) 
Minimum tree count per lot.
The front yard of the premises must have at least 1 large tree, in accordance with the approved plant list of section 10.13.003 of this article, located within 25 feet of the front lot line and no closer than 5 feet to adjacent paved areas. Trees may be clustered or spaced linearly and need not be placed evenly at any intervals. The required number of trees on the developed land of the building site is calculated as follows:
Front Lot Line Width
Required Trees
< 50 linear feet
1
> 50 linear feet
1 + 1 per each additional 50 linear feet, rounded to the next highest tree
(B) 
All other developments, including 4+ multifamily, commercial, and industrial structures.
The following are minimum landscaping requirements for new 4+ multifamily, commercial, and industrial sites and developments.
(i) 
Percentage of area required to be landscaped.
10 percent of area not covered by building or structure of all developments. The 10 percent landscaping requirement for multifamily or nonresidential developments may be reduced to 5 percent when 50 percent of the total required landscaping is devoted to any combination of the following:
a. 
Undisturbed natural areas or undisturbed existing trees;
b. 
Utilize reclaimed, recycled, gray water, nonpotable surface water, rainwater or alternative water harvesting systems in accordance with Texas Commission on Environmental Quality (TCEQ) standards and the adopted city plumbing code;
c. 
Incorporation of raised landscape islands and landscape beds into the building design in the sidewalk and pedestrian access areas immediately around the building foundation in a manner that promotes public seating and interaction; or
d. 
Landscaping, that when mature, will reduce the apparent scale of larger building structures such as warehouses and manufacturing facilities.
(ii) 
Minimum tree count per site.
The premises must have at least one large tree, in accordance with the approved plant list of this section 10.13.003 of this article. Trees may be clustered or spaced linearly and need not be placed evenly at any intervals. The required number of trees on the developed land of the building site is calculated as follows:
Lot Area
Required Trees
< 50 linear feet of right-of-way adjacent perimeter
1
> 50 linear feet of right-of-way adjacent perimeter
1 + 1 per each additional 50 linear feet, rounded to the next highest tree
(C) 
Off-street parking.
(i) 
All parking lots and vehicular use areas shall be screened from all abutting properties and/or public rights-of-way with a wall, fence, hedge, berm, or other durable landscape barrier in accordance with subsection (D), perimeter landscape buffers and screening of this section.
a. 
Exceptions:
1. 
Screening from adjacent properties shall not be required for off-street parking areas where existing hedge or other adequate screening exists within the subject tract.
2. 
Off-street parking areas located within an industrial district where such parking is located to the rear of a principal building, not within view of public roadways, and dedicated for business vehicles and/or employee parking may be screened at a minimum of 4 feet in height.
3. 
Where parking lots and vehicular area screening are located within 25 feet of the front property line, screening may not exceed 3 feet in height and is required to have 50 percent visibility.
4. 
Where such areas are required by state or federal regulations to be secured by specified fencing, such fencing shall suffice for required screening. In the event such specified fencing is chainlink fencing, the installation of vinyl slats or other opaque material, where possible, shall be incorporated into such fencing.
(ii) 
Islands and diamonds:
All parking lots and vehicular use areas exceeding 50,000 square feet in area are required to include island and/or diamond landscaping features.
a. 
Minimum dimensions:
Dimensions for islands and diamonds should be appropriately sized for the intended landscaping material as described below:
1. 
Islands: 5 feet minimum horizontal dimension, and 45–100 sq. ft. for small tree varieties, bushes, and groundcover.
2. 
Diamonds: 9 feet minimum horizontal dimension, and 100–200 sq. ft. for medium tree varieties, or 200+ sq. ft. for large tree varieties.
b. 
Total planting area requirements shall be calculated by the following formula: Total number of parking spaces x 20 square feet = Total planting area required.
c. 
Planting area for islands and diamonds may be counted towards the minimum percentage of area required to be landscaped.
d. 
Each planting island shall be landscaped having no less than one medium tree planted therein with appropriate vegetative ground cover.
e. 
Each planting diamond shall be landscaped having no less than one small tree planted therein with appropriate vegetative ground cover. Planting diamonds shall be located within off-street parking areas, between parking spaces.
f. 
Planting islands and diamonds shall be evenly distributed throughout the parking area.
(iii) 
For condominium or multifamily developments, the following additional standards shall apply:
a. 
Landscaping in and around parking areas in condominium or multifamily developments shall be located to minimize the expansive appearance of parking lots, provide shaded parking areas, and mitigate any negative acoustic impacts of motor vehicles. A landscaping island, containing a minimum of one medium tree, is required to be located to separate at least every 10 parking spaces in a row, having no horizontal dimension of less than nine feet.
b. 
Every carport section in condominium or multifamily developments shall be separated from an adjoining carport section by at least one 8-foot-wide landscaped area, containing a minimum of one medium tree.
(iv) 
Damage prevention.
Parking spaces shall be blocked or curbed to prevent vehicles from damaging planting islands, landscaped yards, fences or screens.
(D) 
Perimeter landscape buffers and screening.
Perimeter landscape buffers and screening are intended to protect the character and stability of residential areas, to conserve the value of land and buildings of the properties and neighborhoods adjacent to nonresidential developments, and to enhance the visual and aesthetic image of the city. Buffers and screening provide separation between differing land uses, which reduces visual, noise and light impacts to adjacent properties.
(i) 
General requirements.
a. 
Buffering and/or screening is required as is detailed in subsection (E), summary of minimum requirements, all other areas within the landscape buffer shall be covered with grass or another solid vegetative cover approved at the time of site plan approval.
b. 
Where perimeter landscape buffer is required, the greater of the requirements shall be imposed.
c. 
Where larger perimeter landscape buffers and screening are located within 25 feet of the front property line, screening may not exceed 3 feet in height and is required to have 50 percent visibility.
d. 
Where screening is required, screening is to be in conjunction with required perimeter landscape barrier requirements.
(ii) 
Perimeter landscape buffer.
Landscape buffers create space between differing land uses and vary in depth depending on the types of uses adjacent to each other. The distance of buffering is detailed in subsection (E), summary of minimum requirements. The following standards shall apply when perimeter landscape buffers are required:
a. 
Perimeter landscape buffer areas shall contain at least 10–20 shrubs depending on adjacent use(s) and one tree for each 50 linear feet, or (fraction thereof). Trees are not required to be placed 50 feet on center and may be staggered or clustered so as to be located outside the sight triangle/visibility easement, provide view corridors into the development or to emphasize driveways or property corners at the intersection of two streets.
b. 
Where perimeter landscape buffer is required per subsection (E), summary of general requirements of this article, perimeter landscaping requirements should count towards and not be in addition to required setbacks.
c. 
Where a larger perimeter landscape buffer than general setback is required, the greater of the requirements shall be imposed.
d. 
Plants used in perimeter landscape barriers should be selected in compliance with the approved plants portion of this section 10.13.003.
(iii) 
Screening.
The following standards shall apply when screening is required:
a. 
Fences and walls:
1. 
Fences and walls must be constructed of high-quality materials, such as decorative block, brick, stone, woodcrete (decorative concrete), faux stone, wrought iron, chainlink fence with slats and comparable materials. The use of chainlink fencing without slats, sheet metal, railroad ties or like materials may not be used as a screening wall or fence. Painted walls and architectural styles fencing/walls may be considered by building official.
2. 
Must have a minimum height of 6 feet but may not exceed 8 feet in height. If a fence is installed on top of a berm, the fence height shall be measured from the grade level of the berm and not from the natural grade. The height restriction shall not apply to decorative or architectural ornamental elements, such as pilasters and pilaster caps less than 12 inches in height.
3. 
Fencing and walls shall not be placed within a required visibility triangle.
4. 
Breaks in the fence or wall may be made to provide pedestrian connections to the perimeter of the site and to adjacent development or to provide a means of access to maintain the buffer wall or required landscaping.
5. 
In any case in which a fence/wall is constructed to provide screening, landscaping elements shall be incorporated along a majority of the fence/wall.
b. 
Vegetation and berms used for screening:
1. 
Trees shall be a minimum of 3-inch caliper measured 12 inches above ground level and shrubs a minimum of 1 gallon in size at the time of planting.
2. 
Vegetation shall create an opaque barrier immediately at the time of planting.
3. 
Earthen berms shall be constructed with a maximum 1:3 (one vertical to three horizontal) slope. The entire length of the berm shall be vegetated with dense evergreen plant material.
c. 
Depending upon the height of the items being screened, the distance from the buffer of items being stored and the proximity of residential lots, staff reserves the flexibility to increase or decrease these standards based upon site-specific circumstances.
(E) 
Summary of general requirements.
Summary of Minimum Requirements
Residential
Nonresidential
Single-family
R-1E
R-1
R-1S
Multifamily
R-2
R-3
R-1M
Commercial, nonindustrial
C-1
C-1A
C-2
Heavy commercial with outdoor storage or operations and industrial
C-2
M-1B
M-1
M-2
Parking
Resi-dential
Single-family
R-1E
R-1
R-1S
None
10' landscape buffer with minimum of 10 shrubs + 1 tree for each 50 linear feet of landscape buffer
&
Fence/Wall
10' landscape buffer with minimum of 10 shrubs + 1 tree for each 50 linear feet of right-of-way adjacent landscape buffer
&
Fence/Wall
15' landscape buffer with 10 shrubs + 1 tree for each 50 linear feet of right-of-way adjacent landscape buffer
&
8' Fence/Wall
Not allowed in front yard
Multifamily
R-2
R-3
R-1M
10' landscape buffer with minimum of 10 shrubs + 1 tree for each 50 linear feet of landscape buffer
&
Fence/Wall
15' landscape buffer with minimum of 10 shrubs + 1 tree for each 50 linear feet of landscape buffer
&
Fence/Wall
10' landscape buffer with minimum of 20 shrubs planted in double rows + 1 tree for each 50 linear feet of right-of-way adjacent landscape buffer
&
Fence/Wall
15' landscape buffer with 10 shrubs + 1 tree for each 50 linear feet of right-of-way adjacent landscape buffer
&
8' Fence/Wall
15' landscape buffer along thoroughfares and collectors in the corridor overlay district, 10' along local streets
Non-residential
Commercial, nonindustrial
C-1
C-1A
C-2
10' landscape buffer with minimum of 10 shrubs + 1 tree for each 50 linear feet of right-of-way adjacent landscape buffer
&
Fence/Wall
10' landscape buffer with minimum of 20 shrubs planted in double rows +1 tree for each 50 linear feet of right-of-way adjacent landscape buffer
&
Fence/Wall
2' landscape buffer with minimum of 10 shrubs + 1 tree for each 50 linear feet of right-of-way adjacent landscape buffer
15' landscape buffer with minimum of 20 shrubs planted in double rows + 1 tree for each 50 linear feet of right-of-way adjacent landscape buffer
15' landscape buffer along thoroughfares and collectors in the corridor overlay district, 10' along local streets
Heavy commercial with outdoor storage or operations and industrial
C-2
M-1B
M-1
M-2
15' landscape buffer with 10 shrubs + 1 tree for each 50 linear feet of right-of-way adjacent landscape buffer
&
8' Fence/Wall
15' landscape buffer with 10 shrubs + 1 tree for each 50 linear feet of right-of-way adjacent landscape buffer
&
8' Fence/Wall
15' landscape buffer with minimum of 20 shrubs planted in double rows + 1 tree for each 50 linear feet of landscape buffer
15' landscape buffer with 10 shrubs + 1 tree for each 50 linear feet of right-of-way adjacent landscape buffer
15' landscape buffer along thoroughfares and collectors in the corridor overlay district, 15' along local streets.
(Ordinance 2023-19 adopted 9/11/2023
Tree preservation requirements. The provisions of this section shall apply to all developments, including commercial, industrial, single-family and multifamily residential, and all other development in the corporate limits of the city.
(1) 
In general.
(A) 
Purpose and intent.
The purpose of these requirements is to encourage the preservation of mature trees, and preservation of protected trees during construction and land development. It is the intent of these regulations to achieve the following:
(i) 
Prohibit the indiscriminate clearing of property.
(ii) 
Protect and increase the value of residential and commercial properties within the city.
(iii) 
Maintain and enhance a positive image for the attraction of new business enterprises to the city.
(iv) 
Protect healthy quality trees and promote the natural ecological environmental and aesthetic qualities of the city.
(v) 
Help provide needed shaded areas in order to provide relief from the heat by reducing the ambient temperature.
(B) 
Applicability.
(i) 
Developments for which a plat, site plan or master plan (land study) has not yet been submitted as of the effective date of this article shall be subject to the requirements for tree protection specified herein.
(ii) 
Protected tree. A "protected tree" shall be any existing tree of a species or type listed on the city's protected tree list and that has or possesses each of the following characteristics or criteria:
a. 
A single trunk of 6 inches in caliper width or greater, measured at 12 inches above natural grade level, and at least 8 feet high; or a multi-trunk having a total caliper width of 8 inches, measured by combining the caliper width of the largest stem or branch with 1/2 the caliper width of each additional stem or branch, all measured at 12 inches above natural grade level, and at least 12 feet high; and
b. 
Located outside of a public street, alley, right-of-way, utility easement, drainage easement, fence easement, pedestrian access easement, or other public right-of-way or easement; or the buildable area of a building lot or site, as included on a record plat approved by the city council and filed in the plat records of the county; or the buildable area of a building lot or site, as included on a building permit site plan approved by the city. For the purposes of any development of a building lot or site 1 acre in area or larger, "buildable area" shall mean all that portion of the building lot or site inclusive of the footprint of the building(s) and projected 10 feet from the outside of the building footprint. For the purposes of any development of a building lot or site less than 1 acre in area, "buildable area" shall mean that portion of the building lot or site not within the required front yard, side yard and rear yard areas. For the purposes of issuing building permits, "buildable area" shall also mean those areas on a building lot or site, as shown on the required site plan, necessary for the construction of such other improvements as pools, tennis courts and accessory buildings, excluding driveways and parking lots and including sufficient adjacent area to allow for the normal operation of construction equipment.
(iii) 
Exceptions. The replacement of preserved tree provisions of this article shall not be required under any of the following circumstances:
a. 
Minor/admin, preliminary, final or amending plats not associated with development plans
b. 
Damaged/diseased trees. The tree is dead, diseased, damaged beyond the point of recovery, in danger of falling, or endangers the public health, welfare or safety as determined by the city.
c. 
Utility service interruption. The tree has disrupted a public utility service due to a tornado, storm, flood or other act of nature. Removal may be limited to the portion of the tree reasonably necessary to reestablish and maintain reliable utility service.
d. 
Business interests. The following business ventures shall be exempt from the requirements specified herein as follows:
1. 
Landscape nurseries.
All licensed plant or tree nurseries shall be exempt from the tree protection and replacement requirements and from the tree removal permit requirements only in relation to those trees planted and growing on the premises which are so planted and growing for the sale to the general public.
2. 
Golf courses.
Golf courses shall be exempt from the tree protection and replacement requirements and from the tree removal permit requirements for removal of protected trees within areas designated as tee boxes, fairways or greens. All other areas shall be subject to these requirements.
(2) 
Protection and replacement of existing trees.
(A) 
General standards.
(i) 
Damaging trees.
The following acts are unlawful:
a. 
Damage, cut, carve, transplant or remove any trees on city property;
b. 
Attach a rope, nail, advertising poster, sign or other contrivance to any city tree;
c. 
Allow any gaseous liquid or solid substance harmful to trees to come into contact with city trees; or
d. 
Set or permit any fire to burn when such fire, or the heat from such fire, will injure any tree.
(ii) 
No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging, any protected tree situated on property regulated by this article, except as follows:
a. 
Right-of-way owned or leased by a governmental entity as of the effective date of this article.
b. 
Property owned or leased by a public utility, excluding property used for administration offices or functions.
(iii) 
Improvements shall be designed, whenever reasonably possible, to preserve a protected tree. The building official, upon receiving qualified professional advice, may approve a landscape plan that provides for the removal of a protected tree when determined that the development cannot reasonably preserve the protected tree.
(iv) 
If the building official approves the removal of a protected tree, the landscape plan must provide for the planting of 1 replacement trees of like type for each protected tree to be removed if it is determined this will not result in overcrowding. Such replacement trees shall be in addition to any other trees required to be planted under this article.
(v) 
Whenever one or more existing trees, whether protected trees or otherwise, or existing shrubs provide an effective and desirable buffer or screen for a proposed use or development, the building official may require that all or some of the existing trees or shrubs be preserved if the preservation can be accomplished without undue interference with the development of the premises. The building official will credit any existing trees or shrubs which are preserved against any requirements for trees, shrubs or screening as provided in this article, if the preserved trees or shrubs substantially serve the purpose of the requirement.
(vi) 
Use of retaining walls to preserve trees. When using a retaining wall when natural grade must be raised or lowered, the tree well shall be designed in accordance with the design concepts depicted below:
(vii) 
Site plans should accommodate existing trees by providing islands in parking lots, grading, and landscaping surrounding structures. In commercial, multifamily, and other developments, trees will be added to the landscape, as necessary, to meet the minimum landscape requirements of this article. The clustering of trees, in lieu of small landscaping islands, shall be permitted.
(B) 
Preservation incentives.
If removal of a protected tree is proposed due to efforts to comply with other provisions of this code, the applicant may request that the building official or other designated staff consider the following preservation incentives in exchange for the nonremoval and preservation of the protected tree:
(i) 
Tree preservation credit.
Landscape plans that preserve existing trees found on the approved list of qualified trees shall be given credit toward the total number of trees required as shown below:
Caliper of Existing Tree
Credit Against Tree Requirement
1"–3"
2.0 trees
3-1/2"–9"
3.0 trees
9-1/2"–15"
5.0 trees
15-1/2" or greater
10.0 trees
(ii) 
Parking space reductions.
Reduction in the minimum parking requirements as necessary to save and/or properly protect a protected tree.
(iii) 
Sidewalks.
Modification to sidewalks, their location and possibly the width and curb requirements as necessary to facilitate protecting a protected tree.
(C) 
Replacement of protected trees.
(i) 
Developers and owners subdividing property for development must submit a tree preservation plan with their site development plan.
(ii) 
Upon determining the number, size and location of any protected trees, the developer or subdivider must identify which of those protected trees can be preserved and which are proposed to be removed. A tree plan or survey showing protected trees shall be submitted with the site plan. The burden shall be upon the applicant to show the necessity for any protected tree to be removed.
(iii) 
When a protected tree is proposed to be removed, staff shall endeavor to seek any practical design solution that may be available in order to preserve any protected tree. If a design solution should necessitate the need for a variance from any requirement of the city code, the board of adjustments shall have the authority to grant a variance upon determining that the preservation of the tree is in the public interest and that the variance proposal would not result in health or safety issues.
(iv) 
When design solutions are not available to preserve protected trees, the developer or subdivider shall be required to determine the composite caliper of the protected trees proposed to be removed. The composite caliper of protected trees to be removed shall be multiplied by 50 percent to determine the aggregate amount of tree caliper that must be installed to replace protected trees to be removed. The developer or subdivider shall have the option to either: a. preserve mature nonprotected trees or b. replace the protected trees species with the planting of many small protected trees, a few protected trees or a single protected tree. For either option, the aggregate replacement caliper must be equal to or greater than the existing aggregate caliper of protected trees to be removed. For site plans, the aggregate caliper for replacement trees shall be counted toward fulfillment of the normal landscaping requirements of this article. This requirement must not be interpreted to result in over-planting tree density when mature size of replacement trees is considered.
(v) 
For subdivisions, the aggregate caliper for replacement protected trees shall be in addition to the normal landscaping requirements of the city code. To the greatest extent practical, protected and replacement trees should be located in common areas, greenbelts, or a part of a sedimentation and erosion control buffer to ensure the long-term tree health and maintenance without overcrowding.
(D) 
Tree protection during construction.
Tree protection improvements will be installed before any site work is initiated and shall be maintained for the duration of construction. Tree protection will consist of the following:
(i) 
It will consist of fencing (orange mesh or chainlink) placed around the protected root zone.
(ii) 
No vehicles or construction materials/debris will be allowed in the protected root zone.
(iii) 
No equipment shall be cleaned or other liquids deposited within the limits of the dripline of any protected tree. This includes, but is not limited to, paint, oil, solvents, asphalt, concrete, mortar or other materials.
(iv) 
No signs, wires, or other attachments, other than those of a protective nature, shall be attached to any protected tree.
(v) 
Trespassing or throwing trash into a protective fence area is prohibited.
(vi) 
Any damage done to tree crowns or roots will be repaired immediately and any wounds on oak or pecan trees will be painted with pruning paint within 60 minutes to prevent disease or infestation to the tree.
(vii) 
Wells or retaining walls around the protected root zone will be used if proposed finished grades will raise or lower the natural protected root zone grade by more than six inches.
(viii) 
The finished protected root zone will be pervious.
(ix) 
For commercial, multifamily and other developments: a minimum of 25 percent of the total caliper must be preserved.
(x) 
For single-family residential development of single or contiguous lots: contiguous lots include three or more lots, a minimum of 50 percent of total caliper must be preserved.
(xi) 
Utility and flatwork per the original builder's plan are exempt for up to 30 percent of the protected root zone. (Any work in the protected root zone must be approved by the inspections department.)
(Ordinance 2023-19 adopted 9/11/2023