It is the purpose of this section to establish certain regulations, practices and principles relating to landscaping within the city. These regulations pertain to nonresidential uses located in residential districts, uses within the MF zoning district as well as nonresidential uses in the IH, BC, LC, HC and I zoning districts. These landscape practices and principles provide regulations, standards and criteria for new landscaping and retention of existing trees, while encouraging the use of xeriscape practices which inclusively are intended to:
(1) 
Promote the value of property, enhance the welfare, and improve the physical appearance of the city;
(2) 
Reduce the negative effects of glare, noise, erosion and sedimentation caused by expanses of impervious and unvegetated surfaces within the urban environment;
(3) 
Encourage the preservation and improvement of the natural and urban environment by recognizing that the use of landscaping elements and retention of existing trees can contribute to the processes of air purification, oxygen regeneration, groundwater recharge, abatement of noise, glare and heat, provision of habitats for wildlife, and enhance the overall beauty of the city.
(4) 
Provide for the use of xeriscape practices and principles, by recognizing the benefits of drought-tolerant plants and water conservation.
(Ordinance 24-26 adopted 8/6/2024)
(a) 
All land, buildings, structures or appurtenances thereon located within the city which are hereafter occupied, used, erected, altered, removed, placed, demolished, or converted shall be occupied, used, erected, altered, removed, placed, demolished or converted in conformance with the adopted zoning ordinance of the city, as amended, and comply with the zoning regulations prescribed for the zoning district in which such land or building is located and all landscaping requirements as hereinafter provided or be subject to penalties as per section 3.22.021, violations and penalties, of this article.
(b) 
Events causing compliance: The chief building official or director of community development or their designee shall require compliance with this article upon the occurrence of one of the following events in accordance with section 3.22.012:
(1) 
A change in zoning on property with existing, nonsingle-family residential structures to be utilized for the new use;
(2) 
Requirement of landscaping as conditions of a specific use permit;
(3) 
Issuance of a building permit for a new primary building or structure (excluding accessory structures as defined);
(4) 
An expansion or intensification of a nonsingle-family residential use, whereby the existing irrigated landscaped area is proposed to be reduced by more than 25%;
(5) 
Building footprint expansion of a nonsingle-family residential structure more than 25%;
(6) 
Loss of legal nonconforming status in accordance with section 3.22.012.
(Ordinance 24-26 adopted 8/6/2024)
(a) 
Administrative modification.
In order to streamline the development process, reduce inequities in the application of regulations and reduce hardships on individual properties, the chief building official or Community Development Director or their designee is authorized to provide an "administrative waiver or modification" to regulations in this article as specified.
(1) 
The chief building official or Director is authorized to administratively modify or reduce a landscaping or tree regulation in this article by an amount up to 10% of the requirement that specifies a minimum or maximum:
(A) 
Number of trees;
(B) 
Square footage of landscaping; or
(C) 
That otherwise imposes higher tree or landscaping standards than those required by another city ordinance or regulation.
(2) 
The chief building official or director of community development's administrative modification or reduction of the minimum or maximum requirement listed in article 3.22, landscape requirements is subject to the following determinations and criteria:
(A) 
The granting of the waiver or administrative modification will not be detrimental to the public safety, health, or welfare or injurious to other property;
(B) 
Other local regulations, including building codes, fire codes and other ordinances do not impose higher standards with that ordinance or regulation, thereby superseding the city regulation;
(C) 
Administratively modifying the regulation does not affect the land use, the zoning classification or the adjacent property owners or other factors requiring a board of adjustment process with notice to adjacent property owners;
(D) 
The administrative modification is unique to the property and meets the intent of the regulation or requirement; or
(E) 
The modification may be considered an "alternative method" such as xeriscape that the zoning ordinance and this article did not anticipate.
(F) 
A number of administrative modifications of the same regulation or standard is an indication that these landscaping and tree requirements should be amended to allow all similarly zoned properties the ability to utilize the modification.
(G) 
Appeal of the chief building official or Community Development Director's modification decision shall be to the city manager or their designee. Appeals of the city manager decision shall be to the city council.
(b) 
Administrative approval of alternative landscaping and methods.
(1) 
The chief building official or director of community development or their designee may approve an alternative landscaping material or method of installation including the use of artificial plants, artificial grass, artificial turf or field turf not otherwise covered in this article, provided it is a generally accepted alternative material or method, provides adequate drainage and is installed in accordance with the manufacturer's specifications, the adopted building codes or meets the industry standards for installation.
(2) 
It is not the intent to provide inferior landscaping or aesthetics but to allow for low maintenance and low water consumption methods of landscaping.
(3) 
The alternative landscaping material or method of installation must meet or exceed the standards and appearance of typical landscaping provided for in this article and the purposes of these regulations may be served better by an alternative proposal.
(4) 
Appeal of the chief building official or Community Development Director's decision regarding alternative landscaping materials and methods of installation shall be to the city manager or their designee. Appeals of the city manager decision shall be to the city council.
(c) 
Council waiver or modification of regulation or requirement.
Council waiver or modification of regulation or requirement not covered in subsection 3.22.003(a), administrative modification. The city council may approve waiving a landscaping or tree regulation or modifying a regulation not covered in subsection 3.22.003(a), administrative modification, so that substantial justice may be done, and the public interest secured when it finds that unreasonable hardships or difficulties may result from strict compliance with these regulations, and/or the purposes of these regulations may be served to a greater extent by an alternative proposal. Any waiver or modification granted shall not have the effect of nullifying the intent and purpose of these regulations. When considering a waiver or modification, the city council shall consider the same criteria contained in subsection 3.22.003(a)(2).
(Ordinance 24-26 adopted 8/6/2024)
For the purpose of these regulations, certain terms and words are to be used and interpreted as defined below. For terms not defined herein, the definitions in article 12, definitions of the adopted zoning ordinance, chapter 14A of this code, as amended, shall be utilized. Words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The word "shall" shall be mandatory and not directory.
Building official (chief building official).
The designated administrative official or their designee charged with responsibility for administering the building inspection department and for issuing permits and enforcing the building codes and other selected codes of the City of Granbury.
Building pad.
The actual foundation area of a building and a reasonable area around the foundation necessary for construction and grade transitions.
Clear cutting.
The removal of all trees or a significant majority of the trees within an area.
Construction drawings.
Drawings which have been prepared by an architect, engineer, landscape architect or authorized individual and approved by the authorized authority, which describe in detail by measurements and specifications the method and manner in which a building, structure, utility, street or physical alteration to land or structure is to be accomplished.
Critical Root Zone (CRZ).
The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the drip line but not less than one foot radius for each one-inch DBH.
Diameter at Breast Height (DBH).
The diameter in inches of a tree as measured through the main trunk at a point four and one-half feet (4.5') above the natural ground level.
Director of community development director (director).
The designated administrative official or their designee charged with responsibility for administering the community development department and enforcing the zoning codes and subdivision platting codes and the planning efforts of the city, including the updating and maintenance of the comprehensive plan.
Director of public works.
The designated administrative official or their designee charged with responsibility for administering the public works department, construction and maintenance of the public improvements, the engineering efforts of the city and reviewing and approving the development plans for subdivisions in the city.
Drip line.
A vertical line run through the outermost portion of the crown of a tree and extending down to the ground.
Evapotranspiration (ET) controllers.
Also referred to as climate-based controllers use local weather data to adjust irrigation schedules. Evapotranspiration is the combination of evaporation from the soil surface and transpiration by plant materials. These climate-based controllers gather local weather information and make irrigation run-time adjustments, so the landscape only receives the appropriate amount of water. There are three basic types of ET controllers:
(1) 
Signal-based controllers use meteorological data from a publicly available source and the ET value is calculated for a grass surface at the site. The ET data is then sent to the controller by a wireless connection.
(2) 
Historic ET controllers use a pre-programmed water use curve, based on historic water use in different regions. The curve can be adjusted for temperature and solar radiation.
(3) 
On-site weather measurement controllers use weather data collected on-site to calculate continuous ET measurements and water accordingly.
Irrigation, alternative.
For the purpose of this article 3.22, landscape requirements, alternative irrigation is defined as utilizing a variety of methods including but not limited to water trucks, hand watering, surface run PVC lines, rain collection systems, etc. Alterative irrigation almost never includes underground components.
Irrigation, conventional.
For the purpose of this article 3.22, landscape requirements, conventional irrigation is defined as irrigation that is underground and includes any irrigation method using underground water lines for landscaping.
Irrigation, drip.
Drip irrigation or trickle irrigation is a type of micro-irrigation system that has the potential to save water and nutrients by allowing water to drip slowly to the roots of plants, either from above the soil surface or buried below the surface.
Irrigation, spray or sprinkler.
Sprinkler/spray irrigation is the method of applying water in a controlled manner that is similar to rainfall. The water is distributed through a network that may consist of pumps, valves, pipes, and sprinklers. Irrigation sprinklers can be used for residential, industrial, and agricultural usage.
Landscaping.
Material such as, but not limited to, grass, groundcovers, shrubs, vines, hedges, trees or palms, and nonliving durable material commonly used in landscaping, such as, but not limited to, mulch, rocks, pebbles, sand, walls or fences, but excluding paving.
Limits of construction.
A delineation on the "tree conservation plan" which shows the boundary of the area within which all construction activity will occur.
Protective/temporary fencing.
Snow fencing, chainlink fencing, orange vinyl construction fencing or similar fencing which is apparent and visible during construction and with a four foot (4') approximate height.
Rainwater harvesting.
A rainwater harvesting system consists of a method to collect, divert, store, filter and distribute water into the landscape. Systems are designed to collect the amount of water required for landscape irrigation, or if not enough collection surface is available, to supplement with municipal water or groundwater. Using an efficient irrigation method supplemented by rainwater harvesting and utilizing resource efficient plants will greatly reduce the amount of irrigation required. Roof and other hard impervious surfaces are the best collection sites although collecting runoff from landscaped areas is another option particularly on a slope. Gutter and downspouts or a roof valley can direct rainwater into a rain barrel or a large tank/cistern.
Tree.
Any self-supporting woody perennial plant which will attain a trunk diameter of three inches (3") DBH and normally attains an overall height of at least fifteen (15) feet at maturity, usually with one (1) main stem or trunk and many branches. It may appear to have stems or trunks as in several varieties of oaks.
Xeriscape.
An organized landscape design that utilizes water-conserving techniques such as the use of drought-tolerant plants, mulch, and efficient irrigation. This type of landscaping is about introducing and using indigenous plant materials that will keep the water use low on properties. In addition to lowering water usage, xeriscaping is also about having a landscape with minimal maintenance. Xeriscaping costs less to maintain than standard landscaping of the same square footage that consists of turf, shrubs, and groundcovers. Done properly, xeriscape reduces or eliminates the need for irrigation.
Yard, front.
As defined in the zoning ordinance, chapter 14A of the Code of Ordinance, it is the yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building. A required front yard is the yard measured from the front building line as required in the zoning ordinance to the front property line rather than the actual building.
Zeroscaping.
Landscaping with gravel, mulch or rocks and little to no plants or vegetation.
Zoning.
Zoning is the division of a city into districts and prescribing regulations for each district. The city zoning ordinance, chapter 14A of this code, as amended, prescribes the zoning districts and the regulations for development in general and in particular for each district. The city zoning map, as amended, is the official map upon which the boundaries of the various zoning districts are established and is an integral part of the zoning ordinance.
(Ordinance 24-26 adopted 8/6/2024)
(a) 
The total land area in any proposed development or construction that occurs for any use after the effective date of this article shall be landscaped as follows. A summary of the landscaping requirements are shown in table 3.22.5.1.
(1) 
Single-family zoned and used residential areas including patio home and townhome districts shall provide sufficient landscaping and groundcover to provide permanent erosion control in accordance with this article, the building codes and any other erosion control ordinances.
(2) 
All other residential uses excluding single-family, patio home and townhome districts - A minimum of twenty percent (20%) of the total land area.
(3) 
Public, retail, commercial and all other nonresidential uses - A minimum of ten percent (10%) of the total land area.
(4) 
Industrial and manufacturing areas - A minimum of ten percent (10%) of the area in front of the main structures along a street, subject to section 3.22.007, location criteria, and any buffering requirements listed in this article. The rear and side yard areas in front of structures along a street are also required to be landscaped but may be waived upon submittal of a landscape plan showing screening from the roadway, provided the right-of-way is landscaped and meeting all other requirements.
(b) 
Phasing.
Where the construction is to be a single phase of a multi-phase development, only the area being constructed in the current phase need be subject to the landscape regulations. However, this required percentage of landscaped area shall apply to each phase of a project as it is developed, and each phase will be required to meet the landscaping requirements as they may hereafter be amended when that phase is developed.
(c) 
Grass, groundcover, mulch, trees, shrubs, flowering and nonflowering plants, stonework, and water features may all be used as components of required landscaping in conjunction with the following minimum planting standards:
(1) 
Grass and/or groundcovers shall not be allowed to comprise over 80 percent of any required landscape area.
(2) 
Any expansions or reconfigurations of paved areas shall comply with section 3.22.011, parking area requirements and 3.22.012, nonconforming landscaping.
(d) 
The chief building official or director of community development or their designee is authorized to grant a 10% reduction in the amount of landscaping, or trees required in accordance with section 3.22.003, administrative modification of regulations, where, due to topographic or other unique, physical characteristics of the site and location of the buildings, it is determined that the requirement is excessive.
(e) 
The minimum tree and shrub/ornamental grass plantings for every 1,000 square feet of required landscape area shall be one 3" diameter at breast height (DBH) as defined, measured four and one-half feet (4.5') above the natural ground level or larger canopy tree, two ornamental trees and six shrubs or ornamental grasses. No single species shall make up 100% of each different plant type in the landscape area. All trees shall be planted and maintained in accordance with section 3.22.018, tree protection, planting and maintenance requirements.
(f) 
Street frontage trees required: One 3" or larger DBH canopy tree is required for every fifty feet (50') of frontage with one required for the first fifty feet (50') of frontage and an additional tree provided for each additional fifty feet of frontage or portion thereof. These trees are to be planted along the street frontage and may be included as part of the overall tree requirement. The director of public works or their designee may authorize trees to be planted in a right-of-way or easement in accordance with section 3.22.010. Required trees along the street frontage may be clustered in order to avoid driveways, visibility triangles or for aesthetic reasons.
(g) 
Artificial plants, artificial turf, artificial grass, or field turf are expressly prohibited for nonsingle-family landscaping unless approved as an alternative material or method.
(h) 
Alternative species of trees not included in the approved tree list in section 3.22.015 may be used upon approval by the chief building official or director of community development or their designee.
TABLE 3.22.5.1 LANDSCAPE REQUIREMENTS BY LAND USE
Land Amount
Single-Family Residential, Patio Homes, & Townhomes
All Other Residential Uses
Public, Retail Commercial and All Other Nonresidential Uses
Industrial & Manufacturing
Amount of landscaping required per total land area of development (section 3.22.005)
No %. of total area. Provide ground cover & landscaping for erosion & runoff control
20% of total land area
10% of total land area
10% of total land area
Irrigation system required (section 3.22.009, 3.22.010)
Hose bib min.
Yes
Yes
Yes
Phasing allowed
N/A
In accordance w/section 3.22.005(b)
In accordance w/section 3.22.005(b)
In accordance w/section 3.22.005(b)
Maximum grass/ground cover required (section 3.22.005(c)
Provide ground cover & landscaping for erosion/runoff control.
80% of required landscape area
80% of required landscape area
80% of required landscape area
Min. tree & shrub/ornamental grasses required per 1,000 sf required landscape area (section 3.22.005(e))
N/A
One 3" canopy tree, 2 ornamental trees & 6 shrubs or ornamental grasses
One 3" canopy tree, 2 ornamental trees & 6 shrubs or ornamental grasses
One 3" canopy tree, 2 ornamental trees & 6 shrubs or ornamental grasses
Street frontage trees required (section 3.22.005(f))
N/A
One 3" canopy tree per 50 feet of frontage
One 3" canopy tree per 50 feet of frontage
One 3" canopy tree per 50 feet of frontage
Artificial plants, turf, grass, field turf allowed (section 3.22.007)
Permitted
Not permitted w/o alternate material approval (section 3.22.003)
Not permitted w/o alternate material approval (section 3.22.003)
Not permitted w/o alternate material approval (section 3.22.003)
LOCATION
Front yard landscaping required
N/A except for erosion/runoff control.
40% of total landscaping area & 40% of the planting material in the required front yard(s) (section 3.22.007(a))
40% of total landscaping area & 40% of the planting material in the required front yard(s) (section 3.22.007(a))
10% of the front yard area to be landscaped & 10% of any side or rear yard abutting a street unless screening fence is provided & ROW is landscaped (section 3.22.007(b))
Landscape buffer required along certain streets (section 3.22.007(c) & Map 3.22.7.1)
15-foot buffer w/amount of landscape materials per above calculation
15-foot buffer w/amount of landscape materials per above calculation
15-foot buffer w/amount of landscape materials per above calculation
15-foot buffer w/amount of landscape materials per above calculation
Landscape buffer required adjacent to residential uses (section 3.22.009)
N/A
20-foot buffer
20-foot buffer
20-foot buffer
Landscaping of ROW required (section 3.22.010)
Landscaping of ROW must be similar to that installed on SF lot. (3.22.010.3)
ROW landscaping required, 1 sf ROW landscape = 1 sf total landscape area credit, not to exceed 25% of required landscape area
ROW landscaping required, 1 sf ROW landscape = 1 sf total landscape area credit, not to exceed 25% of required landscape area
ROW landscaping required, 1 sf ROW landscape = 1 sf total landscape area credit, not to exceed 25% of required landscape area
(i) 
An irrigation system must be provided, unless an alternative form of irrigation is approved by the chief building official or director of community development or their designee, in accordance with this article.
(1) 
Single-family zoned residential uses may utilize the installation of hose bibs in lieu of an irrigation system.
(2) 
Hose bibs may also be used for xeriscape and other water conserving plant or turf landscaping in commercial or industrial zoned areas if specifically approved by the chief building official or director of community development or their designee.
(3) 
If hose bibs are utilized for irrigation purposes, those bibs must be located within one hundred feet of all landscaped areas with a lay line that is not obstructed by buildings, fences or other physical features. This one-hundred-foot radius should provide irrigation to a circular area with a diameter of two-hundred feet and an area of over 30,000 square feet, almost 3/4 of an acre.
(4) 
Irrigation systems and hose bibs must be installed in accordance with the adopted building and plumbing codes of the city. Individual homeowners may install their own irrigation systems in accordance with city codes, provided they obtain a permit from the city for the installation after submitting sufficient plans.
(5) 
Irrigation systems, if installed, must install rain and freeze sensors as required in the adopted building and plumbing codes of the city.
(j) 
Nonconforming sites: Sites that were developed prior to November 20, 2001, the date of the adoption of zoning ordinance 01-819, or were annexed since that date and do not comply with the requirements of this article and are considered nonconforming are required to provide landscaping in accordance with section 3.22.012, nonconforming landscaping. Any expansions or reconfigurations of paved areas shall also comply with section 3.22.012 and section 3.22.011, parking area requirements, as applicable.
(Ordinance 24-26 adopted 8/6/2024)
The city is located in an area of the state that is prone to droughts. During a drought, maintaining a green lawn and a lush landscape becomes particularly water-intensive and expensive, and bans and limits on outdoor watering, while necessary and often mandatory in such a time, only add to the burden of upkeep. Water conservation holds a key role in responsibly managing the city's available water. By focusing on water conservation, the city can help to ensure there is enough water to meet the current and future needs of its residents and businesses, even during times of drought. It is the policy of the city, in response to these challenges, to encourage property owners and homeowners to utilize landscape alternatives that require less water to maintain.
(1) 
It shall be lawful for xeriscape or water conserving plants, mulch or turf to be planted or installed, so long as such plants are located in a planned and maintained area as defined herein.
(2) 
Landscaping credits reducing the total required square footage of landscaping are available for Xeriscaping, drought tolerant or water conserving plant materials or turf, and water conservation irrigation methods as provided for in section 3.22.008, credit toward landscaping requirements.
(3) 
Zeroscaping, as defined, with landscaping using gravel, mulch or rocks and little to no plants or vegetation is not allowed.
(4) 
Landscaped bioretention areas are encouraged for natural drainage channels to reduce runoff and increase infiltration of water into the soil.
(5) 
Vegetated areas shall be maintained in a state of good health and not be unmanaged or overgrown, especially in ways that may adversely affect human health or safety or pose a threat to agricultural activity.
(6) 
Xeriscape plants as listed in recognized xeriscape sources including native plants or water conserving plants or turf will not be required to meet the six-inch (6") height limit requirement for turf grass.
(7) 
Any planned and maintained areas that contain xeriscape plants must have visible physical borders around the boundaries of the accent areas. The borders must be sufficient in depth and height to maintain separation of xeriscape plants and turf grasses.
(8) 
Homeowners associations and restrictive covenants: In accordance with Texas Property Code (TPC) section 202.007, as amended, restrictive covenants may not include a provision or be enforced by a property owners' association or individual property owners that prohibits or restricts a property owner from:
(A) 
Implementing measures promoting solid waste composting of vegetation, including grass clippings, leaves, or brush, or leaving grass clippings uncollected on grass;
(B) 
Installing rain barrels or a rainwater harvesting system;
(C) 
Implementing efficient irrigation systems, including underground drip or other drip systems; or
(D) 
Using drought-resistant landscaping or water-conserving natural turf.
(E) 
However, these restrictive covenant and HOA prohibitions do not prohibit the association from:
(i) 
Encouraging or requiring water conserving turf;
(ii) 
Regulating the installation of efficient irrigation systems, including visibility limitations;
(iii) 
Regulating the installation or use of gravel, rocks or cacti;
(iv) 
Regulating the location and construction of composting devices; or
(v) 
Regulating certain materials or maintenance of, visibility, or aesthetics related requirements as listed in TPC 202.007, as amended.
(Ordinance 24-26 adopted 8/6/2024)
(a) 
No less than forty percent (40%) of the total landscaping area and planting materials shall be located in the designated front yard. Parcels that are adjacent to more than one roadway may count the street yards of all adjacent roadways towards satisfying the front yard requirement.
(b) 
In the I - Industrial zoning district, ten percent (10%) of the front yard, as defined in the adopted city zoning ordinance and being the area between the front elevation of the building and the street upon which the building faces, shall be landscaped and provide trees in accordance with this article. A side or rear yard abutting a street shall also provide ten percent (10%) landscaping between the structures and the adjacent street. The landscaping of rear and side yard areas along a street may be waived upon submittal of a landscape plan showing screening from the roadway, provided the right-of-way is landscaped and meeting all other requirements.
(c) 
There shall be a fifteen (15) foot landscaping buffer located along the right-of-way of the delineated commercial corridors on the landscaped corridor map shown in Map 3.22.7.1 below. No buildings shall be located within this landscape buffer. All landscaping that occurs within this 15-foot buffer shall be included within the landscape calculation toward meeting the landscape requirements contained in article 3.22, landscaping requirements.
Map 3.22.7.1 - Landscaped Corridor Map
(d) 
The one 3" or larger diameter at breast height (DBH), as defined and measured four and one-half feet (4.5') above the natural ground level, canopy tree required for every fifty feet of frontage must be located in the front yard, however, the spacing of the trees may be adjusted to allow for driveways, clustering and sight distances in accordance with Subsection 3.22.005(f).
(e) 
As per article 7 of the adopted zoning ordinance of the city, landscape planting is required around monument signs and shall count towards total landscaping requirement and towards a front yard landscaping requirement.
(f) 
All landscape installation shall comply with corner and driveway visibility requirements of the city subdivision regulations.
(Ordinance 24-26 adopted 8/6/2024)
(a) 
Partial relief from overall landscape area requirements may be obtained in accordance with this section and by providing the optional landscaping elements listed in the landscape area credit table 3.22.8.1 below. Each square foot of credit reduces the overall area to be landscaped. Additional plants may be installed in excess of minimum requirements to obtain credits as defined.
Table 3.22.8.1
Landscape Area Credit
Landscape Element
Amount of Area Credit
For each existing 6-inch or larger tree on approved tree list that is protected and kept
800 sq. ft.
For each 3-inch or larger tree on approved tree list that is designated as water conserving or drought tolerant
200 sq. ft.
For each square foot of xeriscape (see below)
1.2 sq. ft.
For each square foot of landscaped R.O.W.
1.0 sq. ft.
(b) 
In no instance shall the total amount of landscaping on a lot be reduced through credits by more than 50 percent of the landscaped area required by this article.
(c) 
Caliper of trees are to be measured at Diameter at Breast Height (DBH) of the tree.
(d) 
In order to receive credit for voluntarily protecting and keeping existing trees, such trees must be of the same species as those trees listed in section 3.22.015, approved tree list and all requirements of sections 3.22.007 and 3.22.018 must be adhered to.
(e) 
Tree transplanting and protection: Trees of the variety listed in section 3.22.015 can be transplanted to the subject private property and utilized to meet the tree credit incentives under the following conditions:
(1) 
Trees of at least six inches (6") DBH are eligible for transplanting and crediting.
(2) 
Transplanted trees must be maintained in a healthy condition. The builder/developer who received the transplanting credit must replace trees that fall into an unhealthy state.
(f) 
If a planting area utilizes all drought-tolerant plant material highlighted as such on the approved plant list (see table A), a two percent (2%) reduction of the required percentage of the total land area to be landscaped as specified in section 3.22.005 in any proposed development or construction will be applied.
(g) 
Any water conservation irrigation methods utilized must be approved by the city and shall be in accordance with TCEQ, local groundwater conservation districts, or authority having jurisdiction over water source. The following irrigation conservation methods may be utilized to qualify for additional reductions in landscape area requirements.
(1) 
Irrigation designs utilizing evapotranspiration (ET) based irrigation controllers will receive a two percent (2%) reduction of the required percentage of the total land area to be landscaped as specified in section 3.22.005.
(2) 
Planting and irrigation designs utilizing rainwater harvesting methods to irrigate a minimum of thirty percent (30%) of planted material such as, but not limited to bio-retention beds, rain gardens, or collection into pressurized irrigation systems will receive a three percent (3%) reduction of the required percentage of the total land area to be landscaped as specified in section 3.22.005 in any proposed development or construction.
(3) 
The use of an irrigation system utilizing drip irrigation in all areas adjacent to and within 5 ft. of impervious cover is highly encouraged. For the purpose of this article, impervious cover shall include but not be limited to drives, walks, parking lots, and roadways. Spray heads installed or allowed to remain in a location or position that directs any spray onto any impervious cover is prohibited, especially rights-of-way in accordance with section 3.22.009. An irrigation system that utilizes drip irrigation in all areas adjacent to and within 5 ft. of impervious cover will receive a two percent (2%) reduction of the required percentage of the total land area to be landscaped as specified in section 3.22.005 in any proposed development or construction.
(Ordinance 24-26 adopted 8/6/2024)
(a) 
A landscape buffer of twenty (20) feet will be required on nonresidential properties along any property line abutting a RE, R-12, R-10, R-8.4, R-7 and MD-1 residential district.
(b) 
When landscape buffers are required and cannot be achieved practically due to existing site constraints, a 6-foot, opaque screening fence or equivalent vegetative screening may be allowed by the chief building official or director of community development or their designee and utilized along the property line in lieu of the required landscape buffer.
(c) 
The method of irrigation of the landscape buffer must be indicated on the site plan.
(Ordinance 24-26 adopted 8/6/2024)
Upon issuance of a permit by the city, the owner-developer must landscape abutting public rights-of-way or easements as part of their required landscaping and tree requirement, including parkways on public streets abutting the subject property in accordance with this section and with the following limitations:
(1) 
Landscaping within the right-of-way (ROW), will count toward the total landscaping required. For each one (1) square foot of landscaping provided in the ROW there shall be allowed a one (1) square foot credit against the total on site landscaped area required in section 3.22.005. The total credit, however, shall not exceed 25% of the total landscaped area required.
(2) 
Multifamily, public, nonresidential, commercial and industrial uses must install irrigation for any landscaping installed in the right-of-way in accordance with this article. Parkways between sidewalks and the back of the curb shall be a minimum of six feet in width and the irrigation or sprinkler system shall be designed to not spray or runoff into the street. Parkways less than six feet may be utilized, provided that alternative irrigation systems are utilized to preclude overspray or runoff into the street.
(3) 
Single-family uses must install landscaping on abutting right-of-way comparable and similar to the landscaping of the lot. Irrigation of parkways, if provided, must meet the requirements of subsection 3.22.010(2) above.
(4) 
Trees shall not be located in the public right-of-way unless the director of public works or the chief building official specifically approves them. TXDOT approval will also be required on state rights-of-way.
(5) 
If approved, trees planted in or overhanging street rights-of-way must be maintained such that the lowest branches have clearance of eight [feet] (8') above sidewalks and pedestrianways and sixteen feet (16') above traveled pavement or curb or a public street at maturity, in order to allow adequate visibility and clearance. TXDOT approval will be required on state rights-of-way.
(6) 
If approved, the trees located in the right-of-way shall not be arranged in a manner to interfere with traffic flow or traffic view, and the decision of the director of public works of the city shall be final on questions regarding traffic view or traffic safety.
(7) 
Trees shall not be permitted in streets, alleys or easements containing city's water mains, sanitary sewer mains or drainage improvements, unless the director of public works or their designee determines that the variety of tree is acceptable and the distance from the utility or drainage line is sufficient to protect the infrastructure.
(8) 
No trees or vertical plants shall be permitted within ten (10) feet of any fire hydrant.
(9) 
The owner recognizes that the city or any franchised utility will not be responsible for damage to any landscaping located in the right-of-way or an easement while performing repairs or maintenance to its system.
(Ordinance 24-26 adopted 8/6/2024)
Landscaping requirements pertaining to parking areas are as follows:
(1) 
Traffic view.
Landscape planting shall not be erected or installed in such a manner to interfere with traffic view or impose safety hazards.
(2) 
Parking lot screening.
(A) 
Where parking stalls abut and face the landscaped strip along the street right-of-way, evergreen shrubs must be provided for screening. The screening must be a minimum of three feet high and extend along the entire street frontage of the parking lot, exclusive of driveways and visibility triangles.
(B) 
A landscaped berm may be provided in lieu of required shrubs. The berm must be eighteen (18) inches to forty (40) inches above the average grade of the street and parking lot curbs, with a slope not to exceed 3:1. For landscaped berms less than three feet tall, shrubs, bushes, ornamental grasses or other approved plantings may be utilized in addition to the berm to provide a minimum of three feet of screening. If the parking stalls are located fifty (50) feet or more from the street right-of-way line, no shrubs or berm will be required.
(3) 
Parking lot shade trees.
(A) 
Interior parking lot landscaped areas must be provided in each parking lot with a minimum average density of one shade tree a minimum of three (3) inches DBH for each twelve (12) parking spaces. Fractions shall be rounded up to the next whole number.
(B) 
Half (50%) of the required trees may be placed along the perimeter of the parking lot, provided the tree crown overhangs the parking lot and provides shade and cooling.
(C) 
These required trees shall be counted as part of the landscape installation requirements, per section 3.22.005.
(D) 
In lieu of shade trees, awnings, either permanent or with permanent/replaceable awning fabric mounted on permanent supports and framing, may be utilized to provide shade and reduce heat, if approved by the chief building official or director of community development or their designee. The awnings must meet applicable building codes and provide shade in excess of the tree canopy provided by the required shade tree canopy at full maturity.
(4) 
Interior parking lot landscaping.
(A) 
Interior (within the paved area) parking lot landscaping shall be provided in accordance with the following:
(i) 
One landscaped parking island (9' x 18') shall be provided for each 12 parking spaces located in the parking lots but may be located in accordance with subsection (4)(A)(ii) below.
(ii) 
Endcap landscaped islands (see figure 3.22.11.1) that help define parking aisles, travel ways, fire lanes and entrance magazines are more important than islands breaking up parking runs. The chief building official or Community Development Director or their designee may require or allow islands to be relocated from within runs or groups of parking spaces to the end of the aisles. Trees shall be utilized in endcap islands to visually define parking aisles and fire lanes.
(iii) 
Islands may be combined to provide adequate areas for driplines of trees.
(iv) 
A maximum of twelve parking spaces, per run, may be located without a landscaped island (see figure 3.22.11.1) unless utilized in accordance with subsections (4)(A)(ii) or (4)(A)(iii) above.
Figure 3.22.11.1 - Parking Lot Layout
(v) 
A maximum of twenty-four parking spaces may be provided in one grouping without a landscaped island (see figure 3.22.11.1) unless utilized in accordance with subsections (4)(A)(ii) or (4)(A)(iii) above.
(vi) 
Requirements for parking lot landscaping shall be met for all tenant, customer and employee parking.
(vii) 
Parking lot landscaping requirements do not apply to storage or standing parking spaces incidental to uses such as sales and rental of motor vehicles, mobile homes, boats, trailers or other similar uses.
(viii) 
To calculate the total number of landscaped islands required for interior lot landscaping:
a. 
Determine the total number of parking spaces required for the site,
b. 
Divide that number by twelve to determine the total number of landscaped islands required. Fractions shall be rounded up to the next whole number.
c. 
Landscaping areas located along the outside perimeter of the parking lot may not be used to meet the parking lot landscaping requirement. Landscaped areas at the corners of the parking lot or at driveways that intrude into the parking lot (see figure 3.22.11.1) and reduce the amount of paving may be counted toward the landscaped island requirement.
(B) 
The required landscaping for parking lots shall be more or less evenly distributed throughout the parking lot, although adjustments may be approved by the chief building official or the director of community development or their designee where the shape and size of the parking lot, the location of existing trees or other natural constraints reasonably prevent such distribution. (See figure 3.22.11.1.)
(5) 
All landscaped areas, including the permeable areas and drip lines around trees and planting beds used for visual screening which abut any parking lot or vehicular travel area, shall be protected with curbs, tire stops/parking blocks or similar barriers sufficient to protect them from vehicular intrusion. Parking stall depths shall be measured from the appropriate curbs or tire stops.
(Ordinance 24-26 adopted 8/6/2024)
(a) 
All landscaping of a parcel, or the lack thereof, that was lawful when the parcel of land was utilized and buildings constructed, but because of annexation into the city, eminent domain, or adoption or amendment of this article or the city zoning ordinance, no longer meets the landscape requirements of this article, will be considered a nonconformity.
(b) 
With due regard for the property rights of the persons affected when considered in light of the public welfare and in view of protecting the use and enjoyment of adjacent conforming properties, it is the declared purpose of this section that nonconforming landscaping be required to conform to the regulations in this article. However, such nonconformities may be continued subject to the conditions and limitations set forth below, in section 3.22.002, compliance required, and in this article.
(c) 
Parcels with nonconforming single-family, patio home and townhome development that do not comply with the provisions of this article are not required to meet the landscaping requirements of this article in order to expand an existing structure.
(d) 
Nonconforming landscaping will also be subject to section 3.1, nonconforming uses and structures of the adopted city of city zoning ordinance, unless otherwise provided in this section.
(e) 
Parking lots with nonconforming landscaping:
(1) 
May be expanded up to a maximum of 10% of the total paved area without meeting the landscaping and tree requirements of this article.
(2) 
May be expanded up to a maximum of 50% of the total paved area with only the new paved areas having to meet the landscaping and tree requirements of this article.
(3) 
May be expanded by more than 50% of the total paved area only by installing landscaping and trees and bringing the entire parking lot into compliance in accordance with this article.
(4) 
The chief building official or director of community development or their designee may alter the irrigation requirements so that existing parking areas do not have to be torn up to supply irrigation to islands.
(5) 
The chief building official or director of community development may reduce the number of trees within a parking lot or the requirement for trees to be placed within islands on already paved, existing parking areas.
(f) 
Uses of land on parcels with nonconforming landscaping:
(1) 
May be expanded up to a maximum of 10% of the total used area without meeting the landscaping requirements of this article.
(2) 
May be expanded up to a maximum of 50% of the total used area with only the new used areas having to meet the landscaping requirements of this article.
(3) 
May be expanded by more than 50% of the total used area only by installing landscaping and trees and bringing the entire used area into compliance in accordance with this article.
(g) 
Structures on parcels with nonconforming landscaping:
(1) 
May be expanded up to a maximum of 25% of the primary structure's total square footage without meeting the landscaping requirements of this article.
(2) 
May be expanded up to a maximum of 50% of the primary structure's total square footage by installing at least the same percentage of landscaped area of landscaping and trees to meet the landscaping requirements of this article.
(3) 
May be expanded by more than 50% of the primary structure's total square footage only by installing landscaping and trees and bringing the entire parcel(s) into compliance in accordance with this article.
(h) 
The chief building official or director of community development or their designee is authorized to grant a 10% reduction in the amount oflandscaping or trees required by this subsection for parcels with nonconforming landscaping where, due to topographic or other unique, physical characteristics of the site and location of the buildings, it is determined that the requirement is excessive.
(i) 
The chief building official or director of community development or their designee may permit an expansion of a use, structure or parking lot with nonconforming landscaping with reduced landscaping and trees where, due to topographic or other unique, physical characteristics of the site and location of the buildings, it is determined:
(1) 
That the requirement is excessive; and
(2) 
The reduction in landscaping or trees will be:
(A) 
Compatible with the surrounding area;
(B) 
Will comport with the intent of the comprehensive plan;
(C) 
Will not have a harmful effect on surrounding land uses;
(D) 
Will not adversely affect the health, safety, and welfare of the citizens; and
(E) 
Will not damage surrounding property values or the character of surrounding neighborhoods.
(j) 
Appeals of the chief building official or director of community development's decisions shall be to the city manager or their designee, with appeals of the city manager's decision to the city council.
[Ordinance 24-26 adopted 8/6/2024]
(a) 
General.
(1) 
All required landscaped areas shall be permanently landscaped with living plant material unless provided for otherwise in this article and be served with an automatic irrigation system in accordance with subsection 3.22.005(i) and other applicable ordinances. Water conservation measures are highly encouraged.
(2) 
All irrigation systems, including those in single-family and other residential areas, shall be designed to prevent runoff into adjacent properties and public rights-of-way in accordance with this article, the city Code of Ordinances as amended and any adopted specifications and standards.
(3) 
Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping.
(4) 
All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Maintenance shall include mowing, watering, trimming, pruning, etc.
(5) 
Plant materials which die shall be replaced with plant material of similar variety and size within ninety (90) days, with a one-time extension not exceeding 90 days being provided upon approval of the chief building official or director of community development or their designee.
(6) 
As soon as the chief building official or director of community development approves the landscape plan, a voluntary tree protection plan and the tree protection methods in subsection 3.22.014(b) have been put in place, the chief building official or director of community development, at their discretion, may authorize earthwork to begin. However, no work may be initiated on structural elements of the building without an approved building permit. The Building Official will issue a stop-work order for violation of the tree protection standards.
(7) 
All builders/contractors should determine if there is an approved landscape plan or voluntary tree protection plan before work begins on any property. The city will verify this inquiry and the builder/contractor shall be required to maintain a copy of the approved landscape and irrigation plan on-site. No building permit or letter of acceptance for any public improvements shall be issued by the city unless all construction activities meet the requirements of this article.
(b) 
Certificate of occupancy.
(1) 
All landscaping shall be completed and installed in accordance with the approved landscape plan prior to a certificate of occupancy being granted. A one-time, temporary certificate of occupancy, not to exceed one hundred eighty (180) days, may be granted by the chief building official based upon documentation of a hardship such as delay of other portions of a project that interrupt the construction schedule for irrigation installation or the need to delay installation of landscaping until more favorable weather conditions.
(2) 
If a temporary certificate of occupancy is granted and the landscaping requirements have not been satisfied within the one hundred eighty (180) day period from when the temporary certificate of occupancy is issued, the property owner shall be considered in violation of this article.
(Ordinance 24-26 adopted 8/6/2024)
(a) 
The landscape plan must be submitted as a part of the site plan or as a separate submittal as required. However, a landscape plan meeting the requirements of this article shall be provided and approved prior to the issuance of a building permit or prior to issuance of a certificate of occupancy.
(b) 
A landscape plan is not required for a single-family use, including patio homes and townhomes, provided the erosion and runoff control in accordance with this article are complied with. Irrigation systems, if utilized, will require an irrigation plan in accordance with this article.
(c) 
The landscape plan shall contain the following information:
(1) 
Drawn to scale;
(2) 
North arrow;
(3) 
Date of plan submittal;
(4) 
Title block stating street address, lot and block, subdivision name, and date.
(5) 
Name, address, and phone number of person preparing the plan and the developer or property owner.
(6) 
Location, size at DBH and species of all existing trees to be voluntarily used to meet the requirements of this article and/or for tree credits. A table listing all existing trees proposed to be voluntarily utilized for tree plantings or tree credits by species shall be included, with a location key shown on the map with diameter breast height (DBH) as defined and measured four and one-half feet (4.5') above the natural ground level and physical condition of such trees. In lieu of showing existing trees to be voluntarily saved to meet the requirements of this article on the landscape plan, a separate tree survey or aerial photograph with the same information may be utilized.
(7) 
The method of protection during the construction phase of development shall be according to section 3.22.018, for voluntary tree protection. The landscape plan or tree protection plan and method of protection, if required, shall be provided prior to any construction, including any earthwork on any site.
(8) 
Location of all plants and landscaping material to be used including paving, benches, screens, fountains, statues, topography, ponds/lakes, or other landscape features;
(9) 
Size and type of all plant material to be used;
(10) 
Layout and description of irrigation, sprinkler or water system, including placement of water sources;
(11) 
Description of maintenance provisions of the landscape plan.
(12) 
Location of all existing or proposed structures (or building pads), impervious cover and extent of development (or limits of construction activity) within the site as shown on the plan and all improvements properly dimensioned and referenced to property lines.
(13) 
Setback and yard requirements, as prescribed in the adopted city zoning ordinance, as amended.
(14) 
Existing and proposed site grades, contours and any other topographic elements or features.
(15) 
Location of existing or proposed utilities and easements.
(16) 
A calculation table identifying all plantings consistent with requirements defined within this article. The calculation table shall include the total number and size by diameter at breast height (DBH) of trees, ornamental trees and shrubs to be planted on the property.
(17) 
If the purchase of tree credits to the city tree fund is proposed, a letter will be required acknowledging the payment with the amount proposed to meet the requirements herein in accordance with section 3.22.019, tree planting credit purchases.
(d) 
If conventional irrigation is not proposed, then a description of an alternative irrigation method shall be submitted in place of the irrigation plan. The approved alternate irrigation method shall be adequate to maintain the health of the plant material during the initial growing season.
(e) 
Validation of using alternative irrigation measures to sustain healthy plantings shall be the burden of the applicant or designer of the landscape plan. The approved species of plantings must be sustained by the alternative irrigation measures proposed.
(f) 
It is a requirement, and a note shall be included on the plan stating that all dead or decaying plantings will be replaced within 60 days by the property owner unless extensions are granted as a modification for a better planting season. In this event replacement trees must be from the approved tree list contained in section 3.22.015.
(g) 
The irrigation plan shall be prepared by a licensed irrigator or other qualified professional acceptable to the chief building official or director of community development or their designees, subject to state licensing statutes. Individual homeowners may design their own irrigation systems in accordance with city codes, provided they obtain a permit from the city for the installation after submitting providing sufficient plans.
(h) 
The irrigation plan shall contain at a minimum the following:
(1) 
Layout and description of the complete irrigation, sprinkler or water system, including placement of water sources, cross-connection control measures, spray heads, drip irrigation lines, rain sensors, station layout and all other components of the irrigation system.
(2) 
Persons responsible for the preparation of the irrigation plan. If utilized, the licensed irrigators or other design professionals shall stamp or seal, sign and date the plan.
(Ordinance 24-26 adopted 8/6/2024)
Trees and plants planted or voluntarily preserved to satisfy the requirements of this article must be according to the following approved tree and plant list known as:
Table 3.22.15.1 - Favorable Plants for North Central Texas (Note: Native and or drought tolerant species are indicated with an asterisk):
FAVORABLE PLANTS FOR NORTH CENTRAL TEXAS
*Denotes drought tolerant species suitable for 2% reduction of total landscape area
Common Name
Scientific Name
Approved Trees
Arizona cypress*
Arizona cypress*
Ash, all varieties*
Texas Ash*, Green* etc.
Bald cypress*
Bald cypress*
Bigtooth maple
Bigtooth maple
Bur oak*
Bur oak*
Caddo maple
Caddo maple
Catalpa
Catalpa
Cedar elm*
Cedar elm*
Chinese Pistache
Chinese Pistache
Deodar cedar*
Deodar cedar*
Eastern Red Cedar*
Eastern Red Cedar*
Elm, all varieties
American, Cedar, Homestead, Lace Bark*, Siberian, etc.
Lacey oak*
Lacey oak*
Live oak*
Live oak*
Live oak (Escarpment)*
Live oak (Escarpment)*
Maple, all varieties
Maple, including Box Elder, Red, October Glory, Shantung, Silver, etc.
Oak, all varieties
Black, Post, Burr, Chinquapin*, Red etc.
Pecan*
Pecan, including Native, Southern, etc.*
Poplars, all varieties
Silver Poplar, etc.
Shumard oak*
Shumard oak*
Slash Pine*
Slash Pine*
Southern Magnolia*
Magnolia grandiflora*
Texas red oak*
Quercus texana*
Western Soapberry*
Sapindus drummondii*
Ornamental Trees
Agarito*
Agarito*
Aristocrat pear
Aristocrat pear
Carolina buchthorn*
Carolina buchthorn*
Crape myrtle
Crape myrtle
Chitalpa
Chitalpa
Desert willow*
Desert willow*
Dogwood*
Dogwood*
Eve's necklace*
Eve's necklace*
Fringe tree
Fringe tree
Golden leadball tree*
Golden leadball tree*
Golden raintree*
Golden raintree*
Honey mesquite*
Honey mesquite*
Mexican Buckeye*
Mexican Buckeye*
Mexican plum*
Mexican plum*
Possumhaw Holly*
Possumhaw Holly*
Redbud*
Redbud*
Reverchon's Hawthorn*
Reverchon's Hawthorn*
Rough-Leaf Dogwood*
Rough-Leaf Dogwood*
Rusty Blackhaw Viburnum*
Rusty Blackhaw Viburnum*
Russian olive
Russian olive
Smoke Tree*
Cotinus obovatus*
Sumac, Flameleaf*
Rhus copallina*
Sumac, Prairie Flameleaf*
Rhus lanceolata*
Texas Mountain Laurel*
Sophora secundiflora*
Texas buckeye*
Aesculus glabra var. arguta*
Vitex*
Vitex agnus-castus*
Wax Myrtle*
Myrica cerifera*
Windmill palm
Trachycarpus fortunei
Yaupon Holly*
Ilex vomitoria*
Shrubs/Succulents
Agarita*
Mahonia trifoliate*
Althea Hibiscus
Syriacas
Aromatic Sumac*
Rhus aromatic*
Artichoke agave*
Agave parryi var. truncata
Barberry
Berberis thunbergii atropurpurea
Burford holly*
Ilex comuta burfordii*
Burning Bush*
Euonymus Americana*
Century plant*
Agave Americana*
Chinese horned holly*
Ilex cornuta*
Chinese fringe flower*
Loropetalum chinense*
Cherry Sage*
Salvia greggii*
Coralberry*
Symphoricarpos orbiculatus*
Dwarf palmetto*
Sabal minor*
Dwarf Burford Holly*
Ilex comuta rotunda burfordii*
Dwarf Chinese Holly*
Ilex coruta rotunda*
Dwarf Yaupon Holly*
Ilex vomitoria 'nana'*
Eleagnus*
Eleagnus spp.*
Forsythia
Forsythia intermedia spectabilis
False Agave*
Hechtia texensis*
Flame Acanthus*
Anisacanthus quadrifidus var. wrightii*
Flowering quince
Chaenomeles japonica
Fraser photinia
Photinia x fraseri
Glossy abelia
Abelia grandiflora
Gold star esperanza*
Tacoma stans*
Indian hawthorne*
Raphiolepis indica*
Japanese boxwood
Buxus japonica
Knock-out rose*
Rosa 'knockout'*
Lantana*
Lantana spp.*
Magestic sage
Salvia guarantica
Nandina*
Nandina domestica*
Pale Leaf Yucca*
Yucca pallida*
Pomegranate
Punica granatum
Prickly Pear Spineless*
Opuntia spp.*
Red Yucca*
Hesperaloe parviflora*
Rock cotoneaster*
Cotoneaster horizontalis*
Skeleton leaf goldeneye
Viguiera stenoloba
Soft Leaf Yucca*
Yucca recurvifolia*
Santolina*
Santolina spp.*
Spirea
Spirea spp.
Texas Star Hibiscus
Hibiscus coccineus
Texas sage*
Leucophyllum frutescens*
Turks cap*
Malvaviscus arboreus*
Upright rosemary*
Rosemarinus officinalis*
Pittosporum
Pittosporum tobira
White Honeysuckle Bush
Lonicera albiflora
Winter honeysuckle
Lonicera fragrantissima
Prickly Pear Spineless*
Opuntia spp*
Ornamental Grasses
Big bluestem*
Andropogon gerardii
Bushy Bluestem*
Andropogon glomeratus
Fountain grass
Pennisetum ruppelii
Gulf Muhly*
Muhlenbergiia capillaries
Inland Sea Oates*
Chasmanthium latifolium
Lindheimer's Muhly*
Mulenbergia lindheimeri
Little Bluestem*
Schizachyrium scoparium var. frequens
Mexican Feathergrass*
Stipa tenuissima
Muhly grass*
Muehlenbergia lindheimeri
Pampas grass
Cortaderia selloana
Purple autumn grass
Miscanthus sinensis
Sideoats gramma*
Bouteloua curtipendula
Switchgrass*
Panicum virgatum
(Ordinance 24-26 adopted 8/6/2024)
(a) 
The purpose of this article is to provide a policy for the voluntary preservation of mature, healthy trees and existing natural areas, to save trees as an asset and community resource during the design of streets, alleys, utilities, drainage and any other site development and to provide for replacement of trees when removal is necessary. Moreover, this section is intended to protect any property from indiscriminate clearing as well as promote, maintain and enhance a positive, healthy image of the city.
(b) 
The terms and provisions of this article apply to all real property within the city's corporate limits only for developments in which the applicant elects to tree preservation voluntarily.
(c) 
Builder's/Contractor's Responsibility - All builders, contractors or other individuals affected by this policy shall be responsible for verifying if there is a landscaping and irrigation plan approved on a parcel of land before work begins. On-site work shall not begin, nor shall any work be conducted in a manner inconsistent with an approved irrigation and landscaping plan and the provisions of these requirements. All builders, contractors or other individuals who have not submitted a request for a building permit as of the effective date of this article are subject to the requirements herein.
(Ordinance 24-26 adopted 8/6/2024)
(a) 
A landmark tree shall be any tree that has been designated by the city council, after recommendation from the historical commission, a public hearing, and due notice to the owner of the tree, as a tree of notable historical interest and value to the city because of its location or historical association with the community. Its location shall be documented and shall be maintained and updated by the chief building official or director of community development or authorized designee and made available to the public upon request.
(b) 
No person, directly or indirectly, shall cut down, destroy, remove, or effectively destroy through damaging any landmark tree on any real property within the city without first obtaining approval from the historic commission.
(Ordinance 24-26 adopted 8/6/2024)
Unless otherwise approved in writing by the chief building official or the director of community development or their designee, the following procedures shall be followed on all construction projects to protect existing trees to be voluntarily preserved for tree credits or new trees to be planted in order to satisfy the requirements of this section:
(1) 
Tree planting requirements.
(A) 
A tree shall not be planted within an area such that the mature root zone will interfere with underground public utility lines, and/or where the mature canopy of the tree will interfere with overhead utility lines.
(B) 
No tree shall be planted within 10' of a fire hydrant, water or sewer line unless specifically approved by the director of public works or the chief building official.
(2) 
Protection requirements for voluntarily protected existing trees.
(A) 
Tree flagging.
All voluntarily saved trees used to meet tree requirements or for tree credits shall be flagged with bright fluorescent orange vinyl tape wrapped and maintained around the main trunk of the protected tree at a height of approximately five feet so that the tape is clearly visible to workers operating construction equipment and during construction at all times.
(B) 
Protective fence.
A protective fence may be required by the chief building official or the director of community development or their designee for trees to be protected if the trees are located so close to the construction area that construction equipment will infringe upon the root systems. The fence will be placed between the trees and the construction activity in a manner to ensure that the tree roots, up to the drip line, will be protected from construction equipment. The protective fence must be maintained during all construction phases until the project is finished.
(C) 
Materials storage.
The developer or contractor shall not store any material or equipment under the drip line of any voluntarily protected tree used to meet the tree requirements of this article. During the construction stage of the development, no cleaning or storage of equipment or material shall be allowed within the drip line of a protected tree. Those materials include but are not limited to oils, solvents, mortar, asphalt and concrete.
(D) 
Signs.
No signs, wire or other attachments shall be attached to such trees.
(E) 
Traffic.
No vehicular traffic, construction equipment traffic or parking shall take place within the drip line of a protected tree used to meet the tree requirements of this article, other than on existing street pavement. This restriction does not apply to single incident access for purposes of clearing underbrush, establishing the building pad and associated lot grading, vehicular traffic necessary for routine utility maintenance, emergency restoration of utility service or routine mowing operations.
(F) 
Grade.
No cut or fill in excess of two inches (2") shall be allowed within the drip line of any protected tree used to meet the tree requirements of this article unless adequate construction methods are approved beforehand. If approved, major cut or fill changes (i.e., two inches (2") or greater) within the critical root zone of a protected tree will require additional measures to maintain proper oxygen and water exchange with the roots. Root pruning will be required when disturbance will result in root exposure.
(G) 
Boring.
Boring of utilities under such protected trees shall be required in those circumstances where it is not possible to trench around the critical root zone of a protected tree. When required, the length of the bore shall be the width of the critical root zone plus two feet (2') on either side of the critical root zone and shall be at a minimum depth of forty-eight inches.
(H) 
Damage.
Any physical damage to a protected tree that is considered to place the survival of the tree in doubt shall be eliminated as a tree used to meet the tree requirements of this article or as a credited tree. A certified arborist or licensed landscape architect should be consulted to determine whether physical damage to a tree places the survival of the tree in doubt.
(I) 
Responsible party.
The developer or contractor, as applicable, shall be responsible for protecting identified trees, as necessary. If there is no developer or contractor or the developer or contractor is unresponsive to city demands for protection of voluntarily saved trees used to meet the tree requirements of this article or landmark trees, then the property owner shall be responsible.
(3) 
Maintenance requirements.
(A) 
Trees, either voluntarily saved trees used to meet the requirements of this article or newly planted, must be maintained in a healthy manner and appropriately irrigated and kept in a continual healthy condition as is appropriate for that particular species for the season of year.
(B) 
All plants, trees, shrubs or grass that were required by this article and are dead or decaying shall be replaced within 60 days by the property owner unless extensions are granted as a modification for a better planting season. Replacement of trees required by this article must be from the approved tree list contained in section 3.22.015.
(4) 
Tree Pruning Requirements.
(A) 
General.
Protected trees should not be pruned in a manner, which significantly disfigures the tree, or in any manner which would reasonably lead to the death of the tree.
(B) 
Allowed pruning.
Trees may be pruned, especially in cases where it is necessary to remove branches broken during the course of construction, or where protected trees must be pruned to allow construction of a structure. Pruning should be done in a manner that does not significantly disfigure the tree. Utility companies may prune trees as necessary to reestablish disrupted service or maintain existing service. Utility companies should inform the city of their routine pruning schedules and are encouraged to prune trees in accordance with the Tree Care Industry Association standards for pruning shade trees.
(C) 
Required pruning.
The owner of all trees adjacent to or within public R.O.W. that abuts their property shall be required to maintain a minimum clearance of eight [feet] (8') above sidewalks and pedestrianways and sixteen feet (16') above traveled pavement or curb of a public street. The city shall also have the right to prune trees overhanging the public R.O.W. as necessary.
(5) 
Damaged/diseased trees.
Trees that are documented to be dead, diseased, damaged beyond the point of recovery, or in danger of falling are exempt from any maintenance or protection requirements in this article and may not be utilized for tree planting or credit requirements. The city may require removal of such tree and, at its discretion, require that the property owner, developer or affected individual provide an opinion from an arborist to validate the welfare of the tree.
(6) 
Public safety.
A tree that creates unsafe vision clearance or conflicts with other ordinances or regulations, or a tree determined to be in a hazardous or dangerous condition so as to endanger the public health, safety or welfare shall be removed or required to comply with these regulations at the property owner's expense.
(Ordinance 24-26 adopted 8/6/2024)
(a) 
Tree credits may be purchased to reduce the number of trees or total number of diameter inches required to be planted on the subject site. Such credits shall only be issued when it is not possible to comply with the planting requirements of sections 3.22.005 and 3.22.018.
(b) 
Payment of $375.00 per required tree may be paid to the city tree fund to reduce the total number of required trees to be planted as defined in section 3.22.005. Funds shall be allocated by the city parks board and will be used for the planting and maintenance of trees and vegetation at approved locations. Funds shall be collected by the city at the time of issuance of any permit.
(Ordinance 24-26 adopted 8/6/2024)
Tree fund administration: The city shall administer the tree fund. The city council shall, by policy, have the ability to adopt alternative methods of creating tree credits and methods of distribution of trees and/or funds for purchasing trees. The funds shall be used for any of the following:
(1) 
To purchase, plant and maintain trees and vegetation on public property utilizing either city staff or contract labor;
(2) 
To acquire wooded property for the use as a public park and enjoyment by the community; or
(3) 
To perform and maintain a citywide tree inventory and to educate citizens and developers on the benefits and value of trees.
(4) 
Collection: Money contributed to the tree fund shall be paid prior to any site grading work, or the issuance of any construction or building permit.
(Ordinance 24-26 adopted 8/6/2024)
(a) 
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined, upon conviction, not more than two thousand dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(b) 
The city shall have and retain the right for injunctive relief against any person, firm or corporation who is in the process of or about to violate any section, paragraph or part of this article; such right for injunctive relief shall exist independent of the other penalty provision of this article and not in lieu thereof. The right for injunctive relief is essential to the city that it maintain an orderly and properly planned control over all land uses thus protecting the health, morals, safety and well-being of the citizens and halting any attempt on the part of any person, firm or corporation to inflict temporary or permanent injury on the general public by a failure to comply with the terms of this article.
(Ordinance 24-26 adopted 8/6/2024)