The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning. The words, terms
and phrases, when used in this article and not listed below, shall
have meanings ascribed in other section of the Code of Ordinances.
means the parcel of land upon which a residential structure
subject to the provisions of this article is located.
means a tree that sheds its leaves at one time each year,
usually in the autumn.
means a tree that does not lose all of its leaves at one
time, though it sheds its old leaves intermittently, as new leaves
come out.
means any plant which is generally multi-stemmed and sold
by height or spread and measured in inches or feet.
means any evergreen or deciduous tree which at the time of
planting has a caliper equal to or greater than two inches as measured
six inches above the root collar, which is not less than six feet
in height as measured from the root collar, and which meets the standard
for nursery stock specifications as established by the American Association
of Nurserymen (1986 edition). All types trees that can be planted
to satisfy the requirements of this chapter are provided in a list
on file with the city secretary.
(Ordinance 06-479-9, § 2,
adopted 2/8/2006; Ordinance
22-704-15, § 1, adopted 11/17/2022)
The requirements of this article shall only apply to a building
site where any of the following conditions are present:
(1)
There
is new construction of a building for which a building permit is required.
(2)
There
is reconstruction or remodeling of an existing building if the remodeling
or reconstruction project has a total dollar value of greater than
25 percent of the tax appraised value of the building, or is greater
than $25,000.00. For the purpose of this provision, remodeling or
reconstruction shall include any change to the building interior or
exterior or changes to a building site excluding routine maintenance
and repair.
(3)
The
requirements and standards for the installation and maintenance of
landscape elements and site improvements as set forth in this division
shall apply to all developed areas within the city limits.
(4)
If other
divisions of this chapter would otherwise permit land coverage by
building development that would conflict with this division, this
division shall supersede and prevail over the other requirements.
(5)
If more
landscaping is required in any other sections of the code of ordinances,
the greater standards shall apply.
(6)
Existing
development areas; nonconformance. All property with existing development
on the effective date of the ordinance from which this division derives
which is not in compliance with this division shall be considered
nonconforming and allowed to continue until the time a building permit
is granted to reconstruct or enlarge an existing structure on the
property to an extent exceeding 500 square feet of the exterior dimensions
of the structure. At that time, this division shall apply to the previous
existing parcel areas as well as any new paved areas, and the areas
shall be brought into compliance. A plan showing existing and new
development and the proposed landscaping shall be submitted in accordance
with this division. In order to encourage early landscaping in existing
paved areas and the preservation of trees that are already established
and growing in these areas an additional credit shall be given in
accordance with the purposes of this chapter. No structure existing
on the effective date of this Code from which this division derives
shall be required to be altered or moved in order to comply with this
division except for reconstruction.
(Ordinance 06-479-9, § 3,
adopted 2/8/2006; Ordinance
22-704-15, § 1, adopted 11/17/2022)
(a)
A landscape
plan for the building site shall be submitted to the city by an applicant
for a building permit for approval in accordance with the provisions
of this article and the submittal checklist provided by the city.
The plan shall contain sufficient detail to show the following:
(1)
The
footprint of all existing and proposed structures.
(2)
Remaining
and/or proposed site elements such as power poles, fences, walls,
drainage swales, easements, sidewalks and other such elements.
(3)
How
the landscaping requirements are to be met, including the names, size,
number and location of all landscape elements.
(4)
Name,
location and size of existing trees, and type and location of other
vegetation proposed to remain or for removal.
(5)
Location
and size of irrigation lines.
(6)
Location
of any buried pipeline or utility.
(7)
Location
of any dedicated or proposed to be dedicated easement.
(8)
Such
other information as may be reasonably necessary to administer and
enforce the provisions of this article.
(b)
The
city official shall review the landscape plan to verify compliance
with all requirements of this article prior to the issuance of a building
permit. No building permit shall be issued by the building official
for the construction or alteration of a building subject to this article
unless the applicant has submitted a landscape plan providing for
the planting of trees and shrubs to the extent required in this article.
Ord. No. 22-704-15 , § 1, adopted Nov. 17, 2022, amended § 44-22, and in so doing changed the title of said section from landscape plan required; approval and review by building official to read as set out herein.
(Ordinance 06-479-9, § 4,
adopted 2/8/2006; Ordinance
22-704-15, § 1, adopted 11/17/2022)
(a)
The
minimum landscape requirements shall be employed in accordance with
the American Nursery Association, to improve aesthetic appearance,
to enhance the compatibility of different land uses, and to mitigate
negative environmental influences on land uses (e.g. heat, noise,
air pollution).
|
Table 4-4: Required Landscaping By Land Use Type
| |
|---|---|
|
Land Use
|
Percent Landscaped Area Required
|
|
Multiple-Family
|
15%
|
|
Office and Professional Uses
|
15%
|
|
Mixed Use
|
15%
|
|
Retail and Commercial
|
15%
|
|
Industrial or Manufacturing and all Other Nonresidential Uses
|
10%
|
|
Note: Percentages are based on the total gross lot area.
|
(b)
Minimum
requirements.
The minimum landscape requirements shall
be employed in accordance with the Tree Preservation and Landscape
Design Guidelines (Guidelines) made a part hereof, to improve aesthetic
appearance, to enhance the compatibility of different land uses, and
to mitigate negative environmental influences on land uses (e.g. heat,
noise, air pollution).
(c)
Establishment
of minimum percentages.
A minimum percentage of the total
gross lot area of property (excluding any required detention facilities)
on which development, construction or reconstruction occurs after
the effective date of the ordinance from which this division derives
shall be devoted to landscape in accordance with the requirements
in Table 4-4;
(d)
For
all single family, duplex, and quad-plex residential developments,
the following shall be required:
(1)
Two
trees shall be planted on each lot, in the front yard. Such trees
shall comply with the list of approved trees on file with the city
secretary and shall have a minimum two-inch caliper measured five
feet above the ground. An existing street tree may count toward the
requirement of this section.
(2)
Ten
shrubs (minimum five-gallon container) shall be provided for each
lot. Shrubs and berms shall be planted at a height of no less than
36 inches as measured from the surrounding soil line.
(e)
For
all non-residential, multi-family, and other developments not included
in sub-section (a) above, the following shall be required:
(1)
Street trees.
Street trees shall be planted adjacent
to streets and public rights-of-way. Street trees shall have a minimum
two-inch caliper as measured five feet above the ground with the total
caliper inches equal to one inch for each 15 feet of frontage shall
be provided along the street frontage. An existing street tree in
the abutting street right-of-way may count toward the requirement
of one required tree. Each tree shall be planted in an area of a minimum
width of ten feet. Additional width may be required for properties
located in the corridor overlay district.
(2)
Parking lot trees.
Each parking space must be within
100 feet of a parking lot or street tree. One tree for every 50 spaces
shall be required and shall include the trees in the list of approved
trees on file with the city secretary with a minimum two-inch caliper
measured five feet above the ground. Each tree shall be planted in
an area of a minimum width of six feet.
(3)
Screening of parking areas.
All off-street parking areas
shall be screened by shrubs. Shrubs (minimum five-gallon container)
shall be maintained at a height of no more than 36 inches and no less
than 24 inches as measured from the surrounding soil line and at a
minimum 36-inch spacing. Shrubs to screen the parking areas shall
be planted in an area of minimum width of ten feet. Additional width
may be required for properties located in the corridor overlay district.
(4)
Landscape buffers.
Buffers shall be provided along all
property boundaries according to the following:
a.
All
multi-family and non-residential development where they abut single
family and duplex residential developments to provide a buffer; and,
b.
All
multi-family, single family, and duplex residential development where
such uses abut any non-residential developments to provide a buffer.
The buffer shall consist of a masonry screening fence, with a minimum
height of six feet, located along the property line between two adjacent
properties; and a 25-foot wide landscaped buffer with landscaping
consisting of trees and shrubs. Shrubs (minimum five-gallon container)
shall be planted at a height of 36 inches as measured from the surrounding
soil line and at a minimum 36-inch spacing. Trees listed in the approved
list on file in the city secretary's office shall have a minimum two
inch caliper measured five feet above the ground shall be provided
with the total caliper inches equal to one inch for each 15 feet of
length along the buffer.
(5)
Detention facilities.
It is recommended that all detention
facilities be designed as an amenity. Stormwater facilities should
be considered an opportunity to enhance aesthetics provide a natural
setting.
a.
All
side slopes and berms shall be grassed or covered with a suitable
vegetative cover.
b.
Shrubs
and plants shall be planted strategically near inlets to soften the
visual impact.
c.
All
detention facilities located in the front or the side yard shall provide
the following landscaping:
1.
Trees shall be planted along the edge of detention facility to screen
it from any streets or public rights-of-way. Trees shall have a minimum
two inch caliper measured five feet above the ground, shall be provided
with the total caliper inches equal to one inch for each 15 feet of
length along the detention facility to be screened.
2.
Shrubs (minimum five-gallon container) shall be planted at a height
of not less than 36 inches as measured from the surrounding soil line
and at a minimum 36-inch spacing.
|
(6)
Landscape irrigation.
a.
Except
for single-family and duplex residential lots, all required landscaping
areas shall be 100 percent irrigated by one of, or a combination of,
the following methods:
b.
All
irrigation systems shall be designed and sealed in accordance with
the Texas Licensed Irrigators Act and shall be professionally installed.
c.
No
irrigation shall be required for undisturbed natural areas or undisturbed
existing trees.
d.
Sports
fields, golf courses, cemeteries, storm water management systems,
and similar areas as approved by city staff, where functional need
for turf is demonstrated, are exempt from the turf area limitation
and micro irrigation requirements.
(7)
Common open space requirement for multi-family use.
All multi-family residential projects except duplexes shall provide
permanently maintained outdoor open space for all residents.
a.
Area required.
Required common open space shall be provided
at a ratio of 750 square feet per dwelling unit.
c.
Allowed uses.
Required common open space:
1.
Shall be available for passive and active outdoor recreational purposes
for the enjoyment of all residents of each multi-family project; and
2.
Shall not include driveways, parking spaces, public or private streets,
detention facilities, or utility easements where the ground surface
cannot be used appropriately for usable open space, or other areas
primarily designed for other operational functions. Detention facilities,
if designed as a lake amenity with trails and seating areas, may be
counted towards 50 percent of the required common open space.
3.
Amenities. Required common open space shall include amenities such
as trails, play areas, club houses, tennis courts, basketball courts,
picnic tables, dog parks, and other active and passive recreation
amenities.
d.
Maintenance and control of common open space.
Required
common open space shall be controlled and permanently maintained by
the owner of the property or by a homeowners' association. Provisions
for control and maintenance shall be included in any property covenants
of common interest developments.
e.
Surfacing.
Open space areas shall be surfaced with pervious
surface such as grass, ground cover or similar, unless the amenities
provided require other surfaces such as a combination of lawn, paving,
decking, concrete, or other serviceable material.
f.
Landscaping and amenities.
The applicant shall submit
a plan for landscaping and amenities approval by the city. Landscape
design, installation, and maintenance shall comply with the requirements
contained in this section.
(8)
General requirements.
a.
All
plant materials shall be live and planted in the ground. Plant materials
planted in pots shall not be counted or credited toward meeting landscaping
requirements.
b.
Each
required tree and shrub shall be planted in a landscaped area of at
least 36 square feet with a minimum dimension of six feet.
c.
Ground
cover and land stabilization. Exposed ground surfaces in all parts
of every development and site shall be paved, covered with stone screening
or other solid material, or protected with a vegetative growth or
cover that is capable of preventing soil erosion and of eliminating
dust. All surfacing shall be maintained and kept in good repair.
d.
Plant
materials planted in pots shall not be counted or credited toward
meeting landscaping requirements.
(Ordinance 06-479-9, § 5,
adopted 2/8/2006; Ordinance
22-704-15, § 1, adopted 11/17/2022)
Credit for the preservation of existing on-site trees (including any to be transplanted) and existing shrubs may be granted when requested and depicted on the landscape plan in accordance with section 44-22. In order to be eligible for credit, an existing tree to be preserved on the site or existing shrub shall be in good condition.
(Ordinance 06-479-9, § 6,
adopted 2/8/2006)
(a)
After
complying with the requirements of this article, the owner and each
successive owner of the property shall maintain the required landscaping
vegetation and landscaped areas in good condition, and shall otherwise
maintain the property so as to comply with any other requirements
of this article.
(b)
Where
any owner of property to which this article applies fails to reasonably
maintain the required trees and other landscaping or maintain the
property so as to comply with any requirement of this article, the
city may issue a written notice and order the owner to replace any
dead or dying trees or landscape plant materials that were required
by the landscape plan or this article, or require any other action
otherwise necessary to abate or correct any condition to meet the
requirements of this article.
(Ordinance 06-479-9, § 7,
adopted 2/8/2006)
All proposed landscaping must be installed in accordance with
the approved landscape plan prior to issuance of a final certificate
of occupancy on a building site. All planting shall be planted in
accordance with the guidelines of the American Nursery Association
(ANA) or shall follow the specifications shown in the figure below.
|
(Ordinance 06-479-9, § 9,
adopted 2/8/2006; Ordinance
22-704-15, § 1, adopted 11/17/2022[1])
An applicant for a building permit may appeal to the city council
from the denial of a building permit for noncompliance with this article.
(Ordinance 06-479-9, § 10,
adopted 2/8/2006; Ordinance
22-704-15, § 1, adopted 11/17/2022)
(a)
An applicant
for a building permit may make written application to the city official
for a variance from the requirements of this article. A completed
application for a variance shall include:
(b)
The
application shall be reviewed by the city official. Within 15 days
of the date the application is accepted, the building official shall
forward a copy of the application, together with his report and recommendations
regarding the proposed variance to the city secretary.
(c)
The
application and city official's report regarding the variance request
shall be provided to the city council prior to the meeting at which
the variance shall be considered.
(Ordinance 06-479-9, § 11,
adopted 2/8/2006; Ordinance
22-704-15, § 1, adopted 11/17/2022)
(a)
The
city council may consider and grant variances from the provisions
of this article, subsequent to a public hearing, by majority vote
of those members of the city council present and voting, when the
city council determines that the following conditions exist:
(1)
The
imposition of the terms, rules, conditions, policies and standards
of this article would deprive the owner or applicant of the property
of reasonable use of the land or building;
(2)
The
circumstances supporting the granting of the variance are not the
result of a hardship imposed or created by the applicant, and the
general purposes of this article are observed and maintained;
(3)
The
intent of this article is preserved; and
(4)
The
granting of such a variance will not be injurious to the public health,
safety, or welfare.
(b)
Any
variance granted under the provision of this section will apply only
to the specific property upon which the city council was requested
to grant a variance by the applicant. All variances granted shall
be in writing, shall be signed by the mayor and maintained as a permanent
record of the city.
(Ordinance 06-479-9, § 12,
adopted 2/8/2006; Ordinance
22-704-15, § 1, adopted 11/17/2022)
Any person who intentionally, knowingly, recklessly, or with criminal negligence violates any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as provided in section 1-13. Each day of violation shall constitute a separate offense.
(Ordinance 06-479-9, § 13,
adopted 2/8/2006; Ordinance
22-704-15, § 1, adopted 11/17/2022)
(a)
Responsible
official and responsibilities.
The designated city official
shall be the responsible official for this division. The designated
city official is charged with administering this division and securing
compliance with this division. In furtherance of this responsibility,
the designated city official shall:
(1)
Make
inspections as needed to effectuate the purposes and intent of this
division, and initiate appropriate action to bring about compliance
with this division if the inspections disclose any instance of noncompliance.
(2)
Investigate
any complaints of alleged violations of this division and maintain
a record in the planning department office of the disposition of the
complaints.
(3)
Issue
notices of violation, and order, as set out in this section, the correction
of all violations of this division found to exist on any premises.
(4)
State in the notice of violation a time limit for compliance with this division as set out in subsection (c) of this section.
(5)
Refuse
to issue an occupancy certificate where the requirements of this division
have not been met. A temporary occupancy certificate may be issued
where provisions have been made for landscaping installation at the
most advantageous time for planting, not to exceed six months from
the date of issuance.
(6)
Request
the assistance of the city attorney in taking appropriate legal action
upon the failure of the responsible party to comply with the notice
of violation at the time specified therein.
(b)
Authorization.
The designated city official is authorized and directed to lawfully
enter all premises at reasonable times to perform inspections to determine
compliance with the provisions of this division.
(c)
Action
after determination of violation.
When the designated
city official determines that a violation of this division exists,
the responsible official shall take action as follows:
(1)
Give
written notice of the violation to the management, agent or owner
shown on the most recent tax roll of the city.
(2)
The
notice shall include:
a.
A
description of the location of the property involved, either by address
or by legal description;
b.
A
statement indicating the nature of the violation and the reason why
the notice of violation is being issued;
c.
The
section of this division upon which the notice of violation is based;
d.
A
description of the actions that are required to correct the violation;
e.
A
time limit for correction of the violation, which will not be less
than ten days nor more than 90 days from the date of the written notice;
f.
The
name of the person to whom the notice of violation is directed;
g.
A
statement that failure to comply with the requirements of the notice
will result in the city taking enforcement procedures in order to
secure compliance; and
h.
A
description of the procedures available for review of the action of
the designated city official as set out in this division.
(d)
Notice.
(1)
Notices
of violation shall be personally delivered, or sent by certified mail,
return receipt requested, and (if possible) by posting a copy of the
notice in a conspicuous place on the premises.
(2)
The
designated city official shall maintain a record of the manner of
service of the notice.
(3)
If
the order is not complied with within the time specified in the order,
the designated city official shall use all available means of enforcement
in order to secure compliance.
(4)
When
any notice has been issued and the notice becomes an order within
the terms of this division, the responsible official shall cause to
be placed in a conspicuous place on the premises a notice which shall
read substantially as follows: "These premises are in violation of
the requirements of the City of Brookshire landscaping requirements."
This notice is to remain as placed here until the requirements of
the ordinance have been complied with. It is unlawful to remove this
notice until the requirements have been complied with.
(Ordinance 22-704-15, § 1,
adopted 11/17/2022)
A list of the trees and shrubs that satisfy the requirements
of this chapter shall be kept on file in the office of the city secretary.
The list shall provide the scientific and common name of the trees
and shrubs that may be used in the performance of the work required
to satisfy the purpose of this chapter.
(Ordinance 22-704-15, § 1,
adopted 11/17/2022)
