City of Kyle, TX Chapter 54 Landscaping and Screening Requirements

§ 54-1 Purpose.

The purpose of this article is, in conjunction with the other requirements of this chapter, to promote and support the orderly, safe, attractive and healthful development of land located within the community, and to promote the general welfare of the community by preserving and enhancing ecological, environmental and aesthetic qualities, through established requirements for the installation and maintenance of landscaping elements and other means of site improvements in developed properties. Landscaping should be valued beyond the aesthetic because landscapes replace habitat lost to development and provide many other related benefits such as improvements to public health and quality of life, climate change mitigation, energy and materials conservation and increased property values. About half of urban water produced is used for landscape irrigation. Large water savings can be gained by efficient landscape design, installation, management, and maintenance. This is accomplished by choosing climate adapted plants, improving soil conditions, using, and maintaining high efficiency irrigation equipment and managing the irrigation schedule to fit the plants water needs as they are influenced by local climate. To increase water efficiency and better use a valuable resource, rainwater and stormwater collection and graywater and recycled water should replace or augment potable water use in landscapes. The following are additional factors considered in establishing the requirements of this article:

(1) Paved surfaces, automobiles, buildings and other improvements produce increases in air temperatures, a problem especially noticeable in this southern region, whereas plants have the opposite effect through transpiration and the creation of shade. Likewise, impervious surfaces created by development generate greater water runoff causing problems from contamination, erosion and flooding. Preserving and improving the natural environment and maintaining a working ecological balance are of increasing concern. The fact that the use of landscape elements can contribute to the processes of air purification, oxygen regeneration, water absorption, water purification, and noise, glare and heat abatement as well as the preservation of the community's aesthetic qualities indicates that the use of landscape elements is of benefit to the health, welfare and general well-being of the community and, therefore, it is proper that the use of such elements be required.

(2) The city experiences frequent droughts and periodic shortages of adequate water supply; therefore, it is the purpose of this article to require the use of drought resistant vegetation that does not consume large quantities of water. All installed plants and landscape material shall follow the City of Austin Grow Green Native and Adapted Landscape Plants guide as amended.

(Ordinance 438, § 61(a), adopted 11/24/2003; Ordinance 912, § 1(Exh. A), adopted 10/18/2016; Ordinance 1276, § 1(Exh. A), adopted 6/20/2023; Ordinance 1308, § 2(Exh. A), adopted 3/19/2024)

§ 54-2 Installation and plan.

(a) All applications for a development permit must be accompanied by a landscape plan prepared and sealed by a registered landscape architect, certified arborist, or registered forester, except for developments in the A, UE, R-1-1, R-1-2 and R-1-A districts.

(b) All landscape plans shall be prepared and sealed by a registered landscape architect, certified arborist, or registered forester.

(c) All landscape materials shall be installed according to ANSI A300 standards.

(d) Replacement of trees in the minimum required landscape areas, as determined by this section, must occur under the following conditions:

(1) To establish the minimum tree density requirements for the site.

(2) Where grading occurs outside the buildable area of the lot.

(3) Where specimen trees or specimen stands of trees within the buildable portion of the lot are to be removed.

(4) Where specimen trees or specimen stands of trees, and trees within otherwise designated tree protective zones have been irreparably damaged or removed through development or construction activities.

(Ordinance 438, § 61(b), adopted 11/24/2003; Ordinance 912, § 1(Exh. A), adopted 10/18/2016; Ordinance 1308, § 2(Exh. A), adopted 3/19/2024)

§ 54-3 Maintenance.

(a) The owner of the landscaped property shall be responsible for the maintenance of all landscape areas. Said areas shall be maintained so as to present a healthy, neat and orderly appearance at all times and shall be kept free of refuse and debris. All planted areas shall be provided with a readily available water supply and watered as necessary to ensure continuous healthy growth and development. Maintenance shall include the replacement of all dead plant material if that material was used to meet the requirements of this article. Landscape material must be trimmed and maintained for roadway visibility. Maintenance shall also include ensuring all required irrigation systems, water reclamation systems, drainage infrastructure, low impact development systems, and all other required landscaping is maintained as required by this code. All artificial landscaping and associated systems shall be maintained in proper working order. This shall include replacement of damaged, torn, or color faded artificial landscaping.

(b) All property within the city's water service area will adhere to the city's drought management program when watering.

(c) Rainwater harvesting systems are encouraged for commercial, mixed use and multi-family projects. All other development types are encouraged to incorporate rainwater harvesting.

(Ordinance 438, § 61(c), adopted 11/24/2003; Ordinance 912, § 1(Exh. A), adopted 10/18/2016; Ordinance 1276, § 1(Exh. A), adopted 6/20/2023; Ordinance 1308, § 2(Exh. A), adopted 3/19/2024)

§ 54-4 Planting criteria.

(a) 

Trees.

Trees shall be a minimum of two inches in caliper measured 4½ feet from the ground's level surface or directly below the first branches, whichever is lower. A list of recommended landscape trees may be obtained from the city. If the developer chooses to substitute trees not included on the recommended list, those trees shall have an average mature crown greater than 15 feet in diameter to meet the requirements of this article. Trees having an average mature crown less than 15 feet in diameter may be substituted by grouping trees so as to create at maturity the equivalent of a 15-foot diameter crown if the drip line area is maintained. A minimum area three feet in radius is required around the trunks of all existing and proposed trees.

(b) 

Tree selection.

(1) Trees selected for planting must meet minimum requirements as provided below and in the American Standard of Nursery Stock.

(2) Trees selected for planting must be free from injury, pests, disease, or nutritional disorders.

(3) Trees selected for planting must be of good vigor. The determination of vigor is a subjective evaluation, and dependent upon species variability. The following criteria is generally used for the determination of vigor:

a. Foliage should have a green or dark green color. Vigorous trees will have large leaves and dense foliage when compared to trees with poor vigor.

b. Shoot growth for most vigorous trees will be at least one foot per year. At least one-half of the branches should arise from the top one-third and one-half from the center one-third.

c. Bark texture can denote vigor. Smooth or shiny bark on the trunk and branches of a young tree usually signifies good vigor; conversely, rough and dull bark could indicate poor vigor.

d. Trunk taper. The trunks of vigorous trees will generally have an increase in diameter with a decrease in height. Trees with reverse tapers or no taper should be avoided.

e. Root color. Young roots of most trees will be light in color.

(4) Trees selected for planting must be free of root defects. Two types of root defects generally occur:

a. Kinked roots, in which taproots, major branch roots, or both are bent more than 90 degrees with less than 20 percent of the root system originating above the kink. A tree with such roots will probably bend at the soil line when released from a supporting stake.

b. Circling or girdling roots which circle 80 percent or more of the root system by 360 degrees or more. A tree with such roots would ultimately have less than 20 percent of its system available for support.

(c) 

Shrubs and ground cover.

Shrubs, vines and ground cover planted pursuant to this section shall be good, healthy nursery stock. Shrubs must be, at a minimum, a one-gallon container size, but shall average two-gallon for the entire project, and be drought resistant species. This applies to all zoning classifications.

(d) 

Turf grass.

In order to limit the volume of water required for the turf, it is required that grass areas be planted with native, drought resistant species normally grown as permanent lawns, such as Bermuda, Zoysia, Buffalo or other similar drought resistant grasses. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in areas subject to erosion. Turf grasses that utilize large volumes of water, such as St. Augustine and other similar grasses are not allowed to be installed. This applies to all zoning classifications.

(1) Other low water requirement turf products will be considered and may be approved by the Planning Director or their designee or Planning & Zoning Commission, on appeal, on a case-by-case basis.

(2) These requirements for specific types of turf are adopted to establish conservation practices under the drought management plan of the city.

(3) The requirements set forth in this subsection shall not prohibit the installation or planting of any turf not described in this section (nonconforming turf) if at least 50 percent of the non-impervious cover area of the lot or parcel was planted with a nonconforming turf prior to the effective date of the ordinance from which this chapter is derived and the same nonconforming turf is being installed or planted.

(e) 

Synthetic plants.

Synthetic or artificial lawns or plants may be used in lieu of plant requirements in this section.

(1) Synthetic plants or artificial lawns may only be utilized in commercial, multi-family, or mixed-use developments.

(2) Synthetic plants or artificial lawns may not make up more than 50 percent of the required landscaping.

(3) All synthetic plants or artificial lawns must be maintained in good working condition and shall be replaced as needed. This shall include replacement of damaged, torn, or color faded artificial landscaping.

(4) Artificial lawns may be considered impervious cover depending on the manufacturer's standard specifications for installation and maintenance.

(5) Any artificial landscaping, utilized as part of this chapters required landscaping, must be designed to look and mimic natural vegetation.

a. Due to changing technology the director may interpret whether the proposed artificial vegetation meets the requirements of this Code.

(6) Artificial landscaping, utilized in additional areas that are not part of this chapters required landscaping, may be authorized and not required to be designed or look and mimic natural vegetation.

(f) 

Xeriscaping:

a landscaping method developed especially for arid and semiarid climates that utilizes water-conserving techniques (such as the use of drought-tolerant plants, mulch, and efficient irrigation) is required in all zoning districts under the following conditions:

(1) Installation of compacted base material shall be considered impervious cover.

(2) River rock or other similar aggregate will be limited to 25 percent of the required landscaping.

(3) The use of xeriscaping shall not waive any requirements for the planting of required trees.

(g) 

Architectural planters.

The director of planning and community development or his/her designee is authorized to approve the use of architectural planters when he/she determines the overall intent of the division and/or specific guidelines can be met.

(h) 

Other.

Approved decorative aggregate or pervious brick pavers shall qualify for landscaping credit if contained in planting areas, but no credit shall be given for concrete or other impervious surfaces. No more than 25 percent of the required total landscape area may be covered in aggregate and/or pervious pavers. The use of decorative aggregate or pervious brick pavers shall not waive any requirements for the planting of required trees.

(Ordinance 438, § 61(d), adopted 11/24/2003; Ordinance 912, § 1(Exh. A), adopted 10/18/2016; Ordinance 1276, § 1(Exh. A), adopted 6/20/2023; Ordinance 1308, § 2(Exh. A), adopted 3/19/2024)

§ 54-5 Landscaping requirements.

A minimum percentage of the total lot area shall be devoted to landscape development in accordance with the following schedule:

Zoning and/or Proposed Land Use	Percentage
R-1-T, R-1-C, R-3-1, R-3-2, R-3-3, CBD-1	15
R-1-1, R-1-2, R-1-A, R-2, M-1, M-2, M-3	Note 1
CBD-2, RS, E, TU (SIC code 48811900 only), CC, RV, O/I, MXD	10
W, CM	15
PUD	Note 2
Agricultural zoning with an agricultural use	None
Private, public park/public area, public uses	20

Notes:

Note 1—Minimum landscape requirements for each lot on which a single-family, duplex, triplex or fourplex dwelling, or a manufactured home, is constructed or installed after the date of the ordinance from which this chapter is derived shall be a minimum of six two-gallon shrubs and lawn grass from the front property line to the front two corners of the structure all plants shall be of native and adapted species and drought resistant. A total of two, two-inch trees are required to be planted per residential lot. Front yards with limited room for planting, may plant one tree in the rear yard. The remaining tree may be planted in the front yard, in the public ROW or access easement (street tree). Residential structures on reverse frontage lots shall also be required to screen the rear of the structure from the abutting highway, access road, or other public rights-of-way.

Note 2—Landscaping requirements will apply to planned unit developments in the same manner as the requirements listed in note 1, to be determined by the zoning classification assigned to the planned unit development.

(Ordinance 438, § 61(e), adopted 11/24/2003; Ordinance 912, § 1(Exh. A), adopted 10/18/2016; Ordinance 1160, § 1(Exh. A), adopted 8/3/2021; Ordinance 1308, § 2(Exh. A), adopted 3/19/2024)

§ 54-6 Exceptions.

(a) In order to address atypical, site-specific development/redevelopment challenges, the director of planning and/or his/her designee is authorized to approve alternative compliance landscape plans when s/he determines that one or more of the following conditions are present:

(1) The site has space limitations or an unusual shape that makes strict compliance impossible or impractical;

(2) Conditions on or adjacent to the site such as topography, soils, vegetation or existing structures or utilities are such that strict compliance is impossible, impractical or of no value in terms of advancing the general purposes of this division;

(3) Safety considerations such as intersection visibility, utility locations, etc., make alternative compliance necessary; or

(4) Creative, alternative landscape plans will provide an equal or better means of meeting the intent of the landscaping and screening regulations of this division.

(b) Those parties with standing, aggrieved by that decision of the director or his/her designee for alternate method(s) of compliance described in this section, may appeal the decision to the planning commission if the appeal request is made within 30 days of the decision being issued. At the subsequent hearing, the planning commission can affirm the staff decision, reverse and/or remand the staff decision, or modify the decision to any standard approved as appropriate by the commission.

(Ordinance 438, § 61(f), adopted 11/24/2003; Ordinance 912, § 1(Exh. A), adopted 10/18/2016; Ordinance 1308, § 2(Exh. A), adopted 3/19/2024)

§ 54-7 Placement.

Landscaping shall be placed upon that portion of a tract or lot that is being developed. A minimum 35 percent of the required landscaped area and required plantings shall be installed between the front property lines and the building being constructed, unless a lesser percentage is approved by planning staff. Undeveloped portions of a tract or lot shall not be considered landscaped, except as specifically approved by the planning and zoning commission. Landscaping placed within public rights-of-way shall not be credited to the minimum landscape requirements by this article.

(Ordinance 438, § 61(g), adopted 11/24/2003; Ordinance 912, § 1(Exh. A), adopted 10/18/2016; Ordinance 1308, § 2(Exh. A), adopted 3/19/2024)

§ 54-8 Credit.

The director of planning and community development or his/her designee shall, with respect to the issuance of a building permit or approval of a construction or site development plan, give a credit against the requirements of this article for trees preserved on the site; provided that, in order to reward the preservation of significant tees, a credit may be given for such preservation only if no more than 30 percent of the critical root zone is disturbed or distressed with impervious cover.

(Ordinance 438, § 61(h), adopted 11/24/2003; Ordinance 912, § 1(Exh. A), adopted 10/18/2016; Ordinance 1308, § 2(Exh. A), adopted 3/19/2024)

§ 54-9 Additional required plantings.

(a) For every 600 square feet of landscape area required by this article, two trees and four shrubs shall be planted. To reduce the thermal impact of unshaded parking lots, additional trees shall be planted, if necessary, so that no parking space is more than 50 feet away from the trunk of a tree, unless otherwise approved by the planning and zoning commission. Overstory (canopy) trees are required in parking areas to be compliant with this section. This section shall not apply to any property included in any of the following zoning categories: A, R-1-1, R-1-2, R-1-3, R-1-A, R-2.

(b) For all nonresidential properties except agriculture and planned unit developments (PUDs), or residential properties larger than one acre, the following scale of required planting shall apply*:

(1) Case 1: Required landscape area—less than 10,000 square feet = One three-inch caliper tree and three one-gallon shrubs per 1,000 square feet (maximum ten trees and 30 shrubs).

(2) Case 2: Required landscape area—between 10,000 square feet and 110,000 square feet = Ten three-inch caliper trees and 30 one-gallon shrubs (maximum 50 trees and 30 shrubs).

(3) Case 3: Required landscape area—greater than 110,000 square feet = 50 three-inch caliper trees and 30 one-gallon shrubs plus one three-inch caliper tree per 10,000 square feet.

(4) Planting option—Four four-inch trees or three four-inch to five-inch trees count as credit for five three-inch trees.

*For commercial lots equal to or greater than 3-acres, section 54-9(b)(1-3) apply in lieu of section 54-9(a) relating to two trees for every 600 square feet of landscaping.

If 5—15 trees will be used, a mixture of two or more tree species must be used. If 15—30 trees will be used, a mixture of three or more tree species must be used. If 30—50 trees will be used, a mixture of four or more tree species must be used. If more than 50 shrubs will be used, a mixture of five or more shrub species must be used.

(Ordinance 438, § 61(i), adopted 11/24/2003; Ordinance 912, § 1(Exh. A), adopted 10/18/2016; Ordinance 1276, § 1(Exh. A), adopted 6/20/2023; Ordinance 1308, § 2(Exh. A), adopted 3/19/2024)

§ 54-10 Replacement of required trees.

Upon the death or removal of a tree planted pursuant to the terms of this article, a replacement tree of equal size and type shall be required to be planted. A smaller tree that will have a mature crown similar to the tree removed may be substituted if the planting area or pervious cover provided for the larger tree in this article is retained.

(Ordinance 438, § 61(j), adopted 11/24/2003; Ordinance 912, § 1(Exh. A), adopted 10/18/2016; Ordinance 1308, § 2(Exh. A), adopted 3/19/2024)

§ 54-11 Screening.

(a) 

Definitions.

The following terms are defined for their use in this section only.

Common property boundary

means all lawfully platted private property and lot lines, that are coincident with platted property lines of directly adjacent privately-owned properties of identical land use.

Fence

means a barrier, railing, or other upright structure, typically built from wood, metal, wire, masonry, or some combination of those materials, purposefully erected to enclose an area, occlude a view shed, mark a boundary, control access, and/or prevent intrusion and/or escape.

Fence height

means a measurement of the vertical distance of a fence structure, from the bottom where it emerges from the ground, to the top of its highest structure. All mixes of media used in the construction of a fence will be included in the fence height measurement, including artificial earthen berms or other foundation accents.

Front yard

means a space extending forward of the primary structure for the full width of the lot to the front property line.

Rear yard

means a space extending across the full width of the lot between the principal building and the rear lot line.

Side yard

means a space extending from the front yard to the rear yard between the primary structure and the side lot line.

(b) The following requirements shall be in addition to the landscaping and planting requirements in this article:

(1) Required to be screened. All off-street parking lots serving five or more spaces, loading spaces and docks, outside storage areas, satellite dishes larger than 18 inches in diameter, mechanical equipment, and the rear of structures on reverse frontage lots, must be screened from view from the street or public rights-of-way.

(2) Approved techniques. Approved screening techniques shall be in accordance with the following:

a. Fences shall not be constructed of trash, rubbish, re-purposed household or commercial sundries, waste and/or hazardous materials, including barbed or concertina wire, or other dangerous components.

b. Fences surrounding hazardous and sensitive facilities including, but not limited to, electrical substations, wireless telecommunication facilities, public utility facilities and substations, swimming pools, correctional facilities, chemical or equipment storage yards may incorporate barbed and/or concertina wire, only along a portion of their fence eight feet or more above the adjacent grade. With the exception of swimming pools, said fences shall be of masonry design and be designed to adequately protect said sensitive facilities. If any landscaping around the perimeter of the facility is to be implemented, trees or shrubs shall be located to not allow persons to enter said facility. If state or federal law does not allow masonry design or screening landscaping around fence or wall, applicant must provide proof of the rule or law not allowing masonry design.

c. Fencing that surrounds livestock yard(s) is not restricted to its use of barbed or concertina wire.

d. For one and two family residential parcels, masonry walls or fences are required adjacent to collectors, arterials, highways or public/private parks. This requirement only applies to side and rear yards adjacent to said roadways. For unique circumstances, the Director of Planning or designee may waive this requirement.

(3) Privacy fences.

a. All fences enabled by this subsection and along a common property boundary shall be no more than eight feet in height, unless otherwise restricted by this section.

b. Fences up to ten feet in height, but not less than six feet, shall be allowed for impeding access to hazardous and sensitive facilities including, but not limited to, electrical substations, wireless telecommunication facilities, public utility facilities and substations, swimming pools, correctional facilities, and chemical or equipment storage yards, where the slope of a line drawn perpendicular to the fence line averages 20 percent or more on either side of the fence over a distance no less than 15 feet, or where the fence forms a continuous perimeter around a subdivision. All lots zoned for one-or two-family residential use, properties used for one-or two-family residential use, or any public facility that share a common property boundary inside the parent boundary of a subdivision, may provide screening along those common property boundaries of the side and rear yards with fences of no more than six feet in height.

c. Only fences less than or equal to three feet in height shall be allowed in the front yards of properties zoned for and/or used for one-and two-family residential uses.

d. No fence, berm, vegetation, or other structure more than 30 percent solid and more than three feet high shall be located within 25 feet of the intersection of any rights-of-way.

e. All fences shall be constructed to maintain structural integrity against natural forces such as wind, rain and temperature variations. All fences must be maintained in good repair at all times.

f. The finished side of all fences built to comply with these regulations shall face away from the screened object.

(4) Evergreen vegetative screens. Evergreen plant materials shall be prohibited for use as required screening.

(5) Landscape berms shall be prohibited for use as required screening.

(6) Native vegetation. Existing vegetation demonstrating significant visual screening capabilities may fulfill the requirements of this article.

(7) Exemptions. Temporary fencing, not permanently affixed to the ground or any object upon the ground, may be used to secure property or control access to temporary, permitted activities such as construction sites, outdoor sales of merchandise, or special event gatherings. Such fencing is only permissible while there is an active development permit or operator's permit associated with the parcel where the fencing has been erected.

(Ordinance 438, § 61(k), adopted 11/24/2003; Ordinance 912, § 1(Exh. A), adopted 10/18/2016; Ordinance 983, § 4(Exh. A), adopted 2/6/2018; Ordinance 1276, § 1(Exh. A), adopted 6/20/2023; Ordinance 1308, § 2(Exh. A), adopted 3/19/2024)

§ 54-12 Trees.

(a) 

Purpose.

The purpose of this section is to conserve, protect and enhance existing trees and natural landscape that are healthy and contribute to a safe and livable community. It is recognized that the preservation of existing trees contributes to the overall quality of life and environment of the city. Trees play a vital role in water and air quality. They protect the health of aquifers and creek watersheds, function in storm water management as well as erosion and dust control, abatement of noise, provision of wildlife habitat and enhancement of property values. This section establishes requirements for the following:

(1) Clearing of natural vegetation;

(2) Removal/mitigation of trees;

(3) Exception to mitigation/permits;

(4) Tree protection standards on construction sites;

(5) Incentives for retaining trees;

(6) Penalties.

(b) 

Applicability.

The provisions of this section are applicable to the following: Any activity on real property or public rights-of-way which requires the issuance of a land development, building, tree pruning or tree removal permit within the City of Kyle. No land development, building, tree pruning, or tree removal permit may be issued by the city without it being determined that the proposed development is in conformance with the provisions of these regulations.

(1) Permits issued under this article shall only apply to the specific tree(s) and property identified in the permit.

(2) For work requiring a building permit, the buildings, renovations, additions and site improvements shall be oriented in a manner that allows for preservation of the maximum number of trees to the greatest extent reasonably feasible.

(3) No more than 50 percent of the critical root zone of any specimen tree shall be covered with impervious cover and no closer than three feet from the trunk of the tree.

(4) No more than 30 percent of the critical root zone of any specimen tree shall be trenched, excavated, damaged or removed and no closer than three feet from the trunk of the tree.

(5) All tree pruning shall follow ANSI A300 standards.

(6) The property owner is responsible for maintaining all trees or tree canopy on the property by providing irrigation, fertilization, pruning, and other maintenance as required to preserve the health of all trees.

(7) The property owner is responsible for trimming, pruning, or maintaining all trees and branches within any portion of their property and the contiguous portion of the property between the front property line and the paved city right-of-way to provide the visibility and vehicular clearances as required.

(c) 

Definitions.

For the purposes of this Code, the following definitions will be used:

(1)

Caliper.

The American Standard for Nursery Stock (ANSI Z60.1) standard for trunk measurement (diameter) for nursery stock.

(2)

Circumference.

Circumference is measured 4½ feet from the ground's level surface or directly below the first branches, whichever is lower.

*If the tree is on a slope, measure from the high side of the slope

For multiple trunk trees, the circumference is deemed to equal the circumference of the largest trunk plus half the circumference of each additional trunk. For example, a tree that has three trunks with circumferences of 22", 18", and 12" you would have a circumference of 37" (22" + (½ × 18") + (½ × 12")).

(3)

Clearing.

The act of cutting down, removing all or a substantial part of, or damaging a tree or other vegetation that will cause the tree to decline and/or die (which includes but is not limited to chemical, physical, compaction or grading damage).

(4)

Critical root zone.

The root protection zone is an area with a diameter of one foot for each inch of trunk diameter measured 4½ feet above the ground, or if branching occurs at 4½ feet, the diameter is measured at the point where the smallest diameter closest to the branching occurs.

(5)

Drip line.

A vertical line extending from the outermost portion of the tree canopy to the ground.

(6)

Protected tree.

Trees with a diameter between 12 and 24.9999 inches.

(7)

Tree.

Any self-supporting woody plant species which normally grows to an overall minimum height of 15 feet.

(8)

Tree survey.

A scaled drawing accurately showing the location, caliper and critical root zone of all trees 8" and greater, in relation to the property boundaries.

(9)

Public tree.

All trees partially or completely resting on public property.

(10)

Replacement trees.

New landscape trees to be planted by the developer to replace trees removed during the development of property. A list of approved replacement trees can be obtained at the office of the city.

(11)

Removal of tree.

An act that causes or may be reasonably expected to cause a tree to die, including, but not limited to: uprooting, severing the main trunk, damaging the root system by machinery, storage of materials or soil compaction; substantially changing the natural grade above the root system or around the trunk; paving with concrete, asphalt, or other impervious materials in a manner which may reasonably be expected to kill the tree.

(12)

Specimen tree.

Trees with a diameter equal to or greater than the diameter shown in Table 1, which must be relatively upright, sound, with a solid trunk having no extensive decay; have no more than one major and several minor dead limbs; have no major insect or pathological problems; have no major pruning deficiencies, i.e., topping; and have at least 75 percent of the critical root zone in a natural, undisturbed state.

a. The designation of Specimen Tree species is shown in Table 1. Specimen Tree designations establish a threshold trunk size, measured in diameter per section 54-12(c)(2) for purposes of applying the requirements of this article.

Table 1: Designation of Specimen Trees
Tree Species	Botanical Name	Specimen Tree
Anaqua	Ehretia annacua	24"
Black Cherry, Escarpment	Prunus serotina var. eximia	24"
Black Walnut	Juglans nigra	24"
Elm, Cedar	Ulmus crassifolia	24"
Maple, Uvalde Bigtooth	Acer grandidendentatum	24"
Mesquite	Prosopis glandulosa	24"
Oak, Bur	Quercus macropcarpa	24"
Oak, Chinkapin	Quercus muhlenbergii	24"
Oak, Lacy	Quercus laceyi	24"
Oak, Live	Quercus spp.	24"
Oak, Texas Red	Quercus buckleyi	24"
Pecan	Carya illnoensis	24"
Persimmon, Texas	Diospyros texana	8"
Redbud, Texas	Cercis canadensis	8"
Sycamore, Mexican	Platanus mexicana	24"
Texas Mountain Laurel	Sophora secundiflora	8"
Oak, Shumard Red	Quercus Shumardii	24"

(d) 

Requirements.

(1) Clearing or stripping of natural vegetation on a lot is expressly prohibited. Any part of a site not used for buildings, parking, driveways, walkways, utilities, on-site septic facilities (OSSF) and approved storage areas shall be retained in a natural state, or reclaimed to its natural state. Grading, cut-and-fill, or other land disturbance does not exempt tree mitigation requirements.

(2) The following trees are exempt from mitigation requirements of this section:

a. Celtis occidentalis (hackberry);

b. Juniperus virginiana, Juniperis ashei (common cedar)*;

c. Chinaberry;

d. Mesquite;

e. Ligustrum;

f. Arizona Ash;

g. Cottonwood.

*Juniperus Virginiana and Juniperus Ashei 25 caliper inches or larger must follow tree removal processes outlined in section 54-12(d)(5), for the purpose of preserving Golden Cheeked Warbler habitat.

Nothing in these regulations may be construed as allowing the removal of vegetation in a natural, undisturbed buffer required by zoning or land development regulations.

(3) The removal of any protected tree with a diameter of 12 inches or larger must be specifically requested by the applicant, and approved in writing by the director of planning and community development or his/her designee prior to any action being taken to remove the tree or to damage or disturb the tree in any way. The location of all trees over 12 inches in diameter to be preserved or removed within the area proposed for development shall be designated at one of the following steps in the development process:

a. On an application for a site plan for nonresidential and multi-family developments;

b. On a tree survey at the time of platting for development seeking to install infrastructure; or

c. At the time of building permit for residential lots already platted and seeking to develop or redevelop.

Removal of any such trees without city approval is expressly prohibited. Such trees shall be tagged and numbered, and numbers shall be graphically depicted on the applicable plan submitted. The tags and related numbers shall remain on the trees until the certificate of occupancy is issued.

(4) Trees over 12 inches in diameter but less than 25 inches in diameter that are not located in one of the following areas shall be replaced on-site at a ratio of 1½ caliper inches for every one caliper inch removed and shall be credited toward the number of trees required for site development:

a. Within a building footprint.

b. Within areas necessary for reasonable site access.

c. Within areas designated for the construction or installation of public facilities such as streets or utilities, that the property owner requests and receives approval to remove may be removed.

Replacement trees installed as a function of compensation for protected tree removals are in addition to the minimum required tree density for the site.

d. Existing platted lots used for one or two family residential are subject to a replacement value at one-half the standard value the normal replacement value.

(5) All reasonable efforts be made to save specimen trees. ("Reasonable effort" includes alternate building design, building location, parking area layout, parking area location, storm water management and equivalent or similar measures.) The removal of specimen trees, which for the purposes of these requirements are trees with 25-inch diameter or greater, must be specifically approved by the planning and zoning commission prior to any action being taken to remove the tree or to damage or disturb the tree in any way. Any specimen tree that is removed shall be replaced inch-for-inch (a ratio of two-to-one) regardless of the location on the site of the specimen tree. Replacement trees installed as a function of compensation for specimen tree removals are in addition to the minimum required tree density for the site. Notwithstanding the foregoing, the director of planning and community development may administratively approve removal of a specimen tree that is dead, diseased beyond recovery, or poses an imminent hazard to public safety or structures, upon submittal of: (i) a report from an ISA Certified Arborist documenting the condition and risk, and (ii) dated photo documentation. A formal specimen tree removal justification package shall be submitted, including: a tree survey exhibit identifying the tree(s), a preservation alternatives analysis, and a certified arborist condition assessment.

a. Existing platted lots used for one or two family residential are subject to a replacement value at one-half the standard value the normal replacement value.

(6) Trees must be planted prior to the issuance of a certificate of occupancy unless a bond for the cost of the trees is posted with the city. If a bond is posted the property owner shall have up to 12 months to plant the required trees. Trees may placed on public property with City approval or a fee-in-lieu of planting the required trees may be paid to the City of Kyle if the following conditions exist:

a. There is not adequate space on the site for all of the required trees to be planted on the site in which the tree(s) were removed.

b. Weather conditions are such that do not make it favorable for the required planted trees to survive and thrive.

Species, size, quantity, and delivery date of trees shall be approved by the director of parks and recreation.

(7) Tree replacement fund. Occasionally, the tree replacement requirements of this section cannot be met because a project site will not accommodate the required density of trees. In this case, the director of planning and community development is authorized to approve a contribution to the City of Kyle Tree Replacement Fund. The following standards have been established for administering these contributions:

a. The director of planning and community development must review and approve all requests for alternative compliance. In no instance may 100 percent of the required site density be met through alternative compliance. As many trees as can reasonably be expected to survive must be planted on the site in question.

b. No permit may be issued until the required contribution has been made to the tree replacement fund.

c. The amount of the contribution must be determined by the director of the community development department or his/her designee.

d. The City of Kyle Tree Replacement Fund must be used for planting trees on public property. Funds may be used for the purchase of trees, installation of trees and irrigation, and the purchase of mulch and soil amendments for the planted areas.

e. Species selected for replacement must be quality specimens and must be ecologically compatible with the specifically intended growing site. No single tree species may be used for more than 35 percent of replacement trees. Evergreens may not be used for more than 25 percent of the trees in non-buffer areas. Standards for transplanting and selecting quality replacement stock must be in accordance with standards of the International Society of Arboriculture, and American Standard for Nursery Stock.

f. Understory replacement trees may account for no greater than 25 percent of the required tree density units. The director of planning and community development is authorized to approve the additional use of understory trees for meeting density requirements on single-family lots if the size and/or layout of the lot does not allow for large overstory trees.

g. Species selection and replacement densities are subject to approval by the director of planning and community development.

(8) Prevention and Control of the Spread of Oak Wilt.

a. All pruned limbs or wounds to the trunk, limbs and root system of oak trees in the city that expose sapwood shall be painted within 30 minutes of the wound with asphaltic or exterior oil or latex based paint.

b. Firewood from Oak wilt infected trees shall not be brought into the city at any time.

c. When Oak wilt infection is suspected or found, the director shall be contacted within 48 hours to obtain aid from the Texas Forest Service to confirm the diagnosis of Oak wilt. When Oak wilt is confirmed the measures for control recommended by the service shall be undertaken to control spread of the infection. The cost of such measures will be the responsibility of the owner of the tree(s), provided that the owner of the tree(s) shall have the option of undertaking the least expensive measures approved by the Texas Forest Service.

d. It is recommended that any firewood cut from any trees in the city and purchased firewood not be stacked under or close to oak trees and should be burned within one year.

(e) 

Exemptions to mitigation.

Protected trees that are located within areas designated for the construction or installation of public facilities such as streets or utilities, shall not be required to be replaced, but must still submit a formal request for removal with the submittal of public improvement construction plans.

(f) 

Tree removal permit.

The removal of an existing tree(s) from a development site must be in accordance with this and all other applicable ordinances of the city. Prior to the removal of any protected or specimen tree, as defined within this section, the property owner must first submit a tree removal plan for approval. For dead, hazardous, or storm-damaged specimen and protected trees verified by an ISA Certified Arborist, the director of planning and community development may issue an administrative tree removal approval consistent with subsection (d)(5).

(1) Which tree(s) will be removed (as shown on a site plan).

(2) How the removal will be performed (and machinery and equipment needed), and the date and time when the anticipated removal will occur.

(3) If a specimen or protected tree is proposed for removal, a letter of justification for the removal must accompany the tree removal plan. The justification must include photographs and where appropriate, a letter of condition from a certified arborist.

(g) 

Tree protection.

The following minimum tree protection measures must be in place for all tree save areas:

(1) 

Tree protection fencing.

Trees identified for preservation must have protection fencing that is a minimum of four feet high installed at the edge of the critical root zones. The director of planning and community development is authorized to require the installation of four-foot high minimum chain link fencing in those areas where the likelihood of possible encroachment occurs. All tree protection zones must be designated as such with signage posted visibly on all sides of the fenced area. Signs requesting workers' cooperation and compliance with tree protection standards are recommended at the site entrance(s).

(2) 

Silt fences.

All tree protection zones must be designed to prevent the sedimentation of erosion material. Silt fences must be placed along the outer uphill edges of tree protection zones at the development interface.

(3) 

Encroachment.

No person may encroach into the tree protection zones. Construction activities, including, but not limited to, parking, vehicle and foot traffic, material storage, concrete washout, debris burning, and other activities must be arranged so as to prevent disturbance within the protected areas, including in and around those critical root zones of trees originating off-site and/or outside of the limits of disturbance.

(4) 

Utilities.

Reasonable efforts must be made to locate utility lines along corridors between tree protection zones. If utility lines must encroach into the protection zones, they must be installed by horizontal, directional boring rather than trenching.

(5) 

Maintenance of tree protection.

All tree protection devices must remain in fully functioning condition until the certificate of occupancy is issued.

a. Any tree, designated for preservation, either on or off of the development site, and either inside or outside of the project limits of disturbance, which is negligently damaged during construction or removed without the appropriate review and approval, as determined by the director of planning and community development, must be treated in accordance with the American Standards For Nursery Stock. If fatally damaged, the tree(s) must be replaced with four-inch caliper trees equal to the unit value of the tree removed. Any specimen tree damaged as described above must be replaced with trees equal to three times the caliper inches of the tree removed. After-the-fact removals or damages shall require a mitigation reconciliation submittal for review and approval prior to final inspection or certificate of occupancy.

b. All tree protection zones must be mulched with at least four inches and not more than eight inches of organic mulch, such as pine straw, wood chips, tree leaves, or compost.

c. Construction activity is prohibited inside the tree save areas, including, but not limited to, grading, paving, and construction of buildings and other structures.

d. The site must be designed and maintained in a manner to ensure proper drainage in tree save areas during and after construction.

(6) 

Tree protection supervisors.

The developer must designate a tree protection supervisor. This person must demonstrate knowledge in the area of tree protection and other landscaping practices during construction and must be on-site to ensure tree protection and other landscape measures are enforced. The tree protection supervisor must participate in a pre-construction conference with the city prior to the commencement of any development. The tree protection supervisor must notify the director of planning and community development immediately should any tree damage occur on the site.

(7) 

Inspections.

Tree protection inspections must be performed by a certified arborist or registered forester during construction. The inspections must be conducted prior to the commencement of development, immediately following the clearing and grubbing phase, immediately following the grading phase, and at the end of the project before a certificate of occupancy (commercial developments) is issued or the final plat approved (residential developments). The site must be inspected to ensure all tree protection regulations are being met and to identify any existing or developing tree-related problems that require treatment. An inspection report must be prepared and certified by the inspector and submitted to the director of planning and community development. Any damage noted must be treated in accordance with the recommendation of the inspector prior to the issuance of a certificate of occupancy or approval of the final plat. The director of planning and community development is authorized to require additional reports should he/she determine significant construction damage has occurred, the tree protection supervisor has failed to enforce minimum protection standards, or if other development processes, including but not limited to utility placement and building construction, may impact the tree save areas.

(8) 

Prohibited activities.

Activities hazardous to the health of any protected tree being preserved are prohibited, including but not limited to the following:

a. Physical damage.

b. Equipment cleaning and liquid disposal. Cleaning equipment, depositing or allowing harmful liquids to flow overland within the limits of the critical root zone. This includes paint, oil, solvents, asphalt, concrete, mortar, tar or similar materials.

c. Grade changes. Grade changes (cut or fill) within the limits of the critical root zone.

d. Material storage. Storing materials intended for use in construction or allowing waste materials due to excavation or demolition to accumulate within the limits of the drip line.

e. Tree attachments. Attaching to a tree any signs, wires, or other items, other than those of a protective nature.

f. Vehicular traffic. Vehicular and/or construction equipment traffic, parking, or storage within the limits of the drip line, other than on pre-existing or approved pavement. This restriction does not apply to single incident access within the drip line for purposes of clearing underbrush, vehicular access necessary for emergency services, routine utility maintenance, emergency restoration of utility service, or routine mowing operations.

g. Utility encroachment. Installation of utilities and appurtenances within the drip line.

h. Excavation and trenching. Excavation and trenching within the limits of the drip line.

(9) 

Right-of-way clearance.

a. In the interest of the health, safety and general welfare of all residents by providing transit space for fire trucks, ambulances and other emergency vehicles, it is a violation of this article for any person to fail to prune trees and other vegetation to the face of the curb edge of the pavement adjacent to any traversable public right-of-way to a minimum height of thirteen and one-half (13.5) feet from the surface of the pavement after receiving written 30 days' notice from the director or his designee.

b. No provision of this article shall be construed to in any way limit or restrict any and all rights that the city may have to remove any part of a tree or vegetation that is permitted to grow over the public right-of-way and measures at a height above pavement less than permitted in subsection (a) above, or to maintain any civil suit for injunctive relief to require the removal or the prohibition of the same.

(h) 

Penalty.

Any person who shall violate any provision of this section or technical codes adopted herein, or shall fail to comply therewith, or with any of the requirements thereof shall be liable for a fine not to exceed the sum of $2,000.00 per offense. Each violation and each day the violation exists shall constitute a separate offense.

(Ordinance 725, § 2(Exh. A), adopted 5/8/2013; Ordinance 912, § 1(Exh. A), adopted 10/18/2016; Ordinance 1308, § 2(Exh. A), adopted 3/19/2024; Ordinance 1381 adopted 2/17/2026)