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%;
(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:
(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.
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.
The actual foundation area of a building and a reasonable
area around the foundation necessary for construction and grade transitions.
The removal of all trees or a significant majority of the
trees within an area.
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.
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.
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.
 |
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.
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.
A vertical line run through the outermost portion of the
crown of a tree and extending down to the ground.
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:
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.
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.
On-site weather measurement controllers use weather data collected
on-site to calculate continuous ET measurements and water accordingly.
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.
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.
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.
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.
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.
A delineation on the "tree conservation plan" which shows
the boundary of the area within which all construction activity will
occur.
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.
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.
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.
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.
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.
Landscaping with gravel, mulch or rocks and little to no
plants or vegetation.
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:
(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
|
|
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.
(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:
(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.
(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
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Gulf Muhly*
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Muhlenbergiia capillaries
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Inland Sea Oates*
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Chasmanthium latifolium
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Lindheimer's Muhly*
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Mulenbergia lindheimeri
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Little Bluestem*
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Schizachyrium scoparium var. frequens
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Mexican Feathergrass*
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Stipa tenuissima
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Muhly grass*
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Muehlenbergia lindheimeri
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Pampas grass
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Cortaderia selloana
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Purple autumn grass
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Miscanthus sinensis
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Sideoats gramma*
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Bouteloua curtipendula
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Switchgrass*
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Panicum virgatum
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(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.
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(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)
(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)
