§ 155.51 LANDSCAPE.

   (A)    Purpose and intent.

      (1)   The purpose of this section is to enhance the beautification of the city and preserve and protect the city's identity and natural environment. This section is enacted to improve the appearance and character of certain setback and yard areas, including off-street vehicular parking and open lot sales and service areas within the city. Further, the purpose of this section is to protect and preserve the appearance and character of the surrounding neighborhoods, and therefore promote the general public safety and welfare by providing for the installation and maintenance of landscaping and screening. This section is intended to assure that reasonable provision will be made for such matters as sound and sight buffers, preservation of scenic views and those elements of site design which may have substantial effects on adjoining land uses.

      (2)   This section establishes the procedure, regulations and standards whereby landscape plans and tree preservation measures will be reviewed by the city for compliance with this section, and specifies the submittal and content requirements for such landscape plans.

   (B)    Jurisdiction and applicability.

      (1)    The landscape requirements in this section shall apply to all land within the city limits, as now or hereafter set, in all zoning districts, except for land zoned FD, SF-1, SF-2, TF, MH, and CB. Areas zoned as Planned Development Districts containing landscaping standards shall be regulated by the more restrictive requirements.

      (2)   The landscape requirements shall apply to all public, private and institutional developments. Such landscape requirements shall become applicable to each individual lot at such time as an application for a building permit on such lot is made. All landscape requirements of this section shall continue after the building permit is issued to any owner or subsequent owner.

   (C)    Compliance.

      (1)   All required landscaping and screening shall be installed as part of the project construction. All tree planting and plant screening required by this section must be installed prior to the issuance of a Certificate of Occupancy, where required, or prior to the commencement of use. This requirement is intended to assure compliance with the landscape requirements of this section and the adherence to a specific landscape plan approved by the city prior to the issuance of a building permit.

      (2)   All landscaping shall be installed in a sound manner and in accordance with accepted good planting procedures; all elements of landscaping shall be installed so as to meet all other applicable city ordinances and policies. Landscape areas, both those proposed and those to be retained, shall be protected from vehicular encroachment during and after the construction phase by appropriate barriers.

   (D)    Definitions. In the event of a dispute, the City Planner, or designee, shall have the authority to interpret the definition of the word as it relates to this section. As used herein, the following definitions are applicable:

      BARRICADE AREA FOR EXISTING TREES . A protected area extending in a radius no less than the drip line from every protected tree that prevents intrusion by construction equipment, vehicles and people.

      BARRIER . A device or treatment, which controls the management, circulation, separation, or direction of traffic. Such treatments include, but are not limited to, wheelstops, raised islands, dividers or barricades.

      BERM . An earthen mound designed to provide visual interest, screening and/or decrease noise.

      CALIPER . Diameter of a predominant tree trunk measured six inches above grade for trees four inches in diameter or less. For trees with a larger diameter, the caliper measurement shall be the diameter at breast height (d.b.h.), measured four and one half feet above grade.

      CANOPY TREE . Any self-supporting woody plant with one well-defined trunk and a distinct and definite formed crown, which attains a height of at least 30 feet.

      DECIDUOUS . A plant with foliage that sheds annually.

      DEVELOPMENT . The construction, reconstruction or enlargement of any structure.

      DRIP LINE . The area beneath the canopy of a tree defined by a vertical line extending from the outermost edges of the tree branches to the ground.

      EVERGREEN . A plant with foliage that remains green year-round.

      EXISTING TREE . Any self-supporting woody plant with one well-defined trunk which exists on the lot prior to development.

      GRASS . Any of numerous grass species that will attain a thick green cover of turf over the available soil area.

      GROUND COVER . Any woody or herbaceous plant that effectively shades out sod and will not generally reach a height of over two feet.

      HARD SCAPE SCREENING . Non-living screening materials such as walls, fences and baffles.

      LANDSCAPE PLAN . The Landscape Site Plan or LANDSCAPE PLAN information required to be submitted and approved in accordance with this section.

      LANDSCAPED AREA . An area within the boundary of a property which is devoted to and consists of plant material, trees, water forms, planters, brick, stone, aggregate and other features used primarily for landscaping purposes, but not including the use of smooth concrete or asphalt.

      LANDSCAPING . Changing, rearranging or adding to the original vegetation or scenery of a piece of land. It may include reshaping the land by moving the earth, as well as preserving the original vegetation or adding vegetation.

      NON-CANOPY TREE . Any self-supporting woody plant with one or more trunks which attains a height of at least 15 feet.

      NON-CONFORMING DEVELOPMENT . A development which was lawful prior to the adoption of this section but which fails by reason of such adoption to comply with this section.

      ORNAMENTAL TREE . A tree planted primarily for its decorative value or for screening purposes; tends to be smaller at maturity than a canopy tree.

      PARKWAY . The area lying between the right-of-way line of any public street (which is not an alley) and the curb line of the street; or if there is no curb line, the shoulder of the street; or if there is no shoulder or curb, the edge of the pavement of such street.

      PLANT MATERIALS . Living trees, shrubs, vines, grass, ground covers and flowering annuals, biennials and perennials.

      PROPERTY . The real property included within the boundaries of any lot approved and recorded in the plat records of Titus County, or an unplatted tract or parcel of land as described and recorded in the Real Property Records of Titus County, Texas.

      PROTECTED TREE . A tree that has a barrier constructed in such a way that the tree is protected from damage due to construction or from normal vehicular movement.

      SCREENING . A method of visual shielding or obscuring one abutting or nearby structure or use from another by fencing, walls and berms or densely planted vegetation.

      SHRUB . A woody perennial plant distinguished from a perennial herb by its persistent, woody stem and from a tree by a mature height of less than 15 feet and having no distinctive elevated crown of foliage.

      STREET YARD . The area of a lot which lies between the street right-of-way line and the front, side and/or rear wall building line. See § 155.51(J), illustrations 1 thru 6.

      UNDISTURBED AREA . The area of a lot which maintains the original natural vegetation including trees, shrubs, grasses, groundcover, and plant materials as approved by the City Planner.

      UNPROTECTED TREE . A tree that has no specially constructed protection barriers to prevent damage due to construction or normal vehicular movement.

      VEGETATED AREA . Ground area of a site that is covered by plants, including trees, undergrowth and grasses.

      VEGETATION . Any type or kind of growing plant material.

      WALL BUILDING LINE . A line extending along the facade of the building(s), parallel to the property line(s) abutting a street right-of-way line. Such line shall be used to determine the overall area, depth and shape of the street yard. See § 155.51(J), Illustrations 1 thru 6.

      WEEDS OR GRASSES . Weeds and/or grasses or other uncultivated plants on any premises or right-of-way, which grow in such rank profusion as to harbor reptiles or rodents, or create a fire hazard; and weeds and/or grasses, excluding ornamental grasses, or other uncultivated plants on any premises which are permitted to, or do attain a height greater than 12 inches.

   (E)    Requirements.

      (1)   Landscape area requirements.

         (a)   The landscaping requirements shall be determined by the total square footage of the lot less any areas exempted by phased development or classification as floodway or undisturbed area.

         (b)   The minimum required area of landscaping shall be 5% of the total lot area, except for lots zoned for manufacturing. The minimum area of landscaping for lots zoned LI and HI, shall be 2 1/2% of the total lot area.

         (c)   Of the required landscape area, a minimum of one tree per 1,250 square feet, or fraction thereof, shall be required. A minimum of one tree shall be required for all development. Trees planted in order to satisfy this requirement shall have a minimum caliper of 1 1/2 inches.

            1. Each existing tree which is maintained in a living and growing condition may be credited towards the required landscaped area, however, each individual tree may be credited only once according to the following schedule:

EXISTING SAVED TREES      CREDIT*
10" – 12" caliper         150 square feet of landscaped area
15" or greater caliper         200 square feet of landscaped area

*Credits shall not exceed 25% of the required landscaped area.

            2. Each existing tree which is maintained in a living and growing condition may be credited towards the number of required trees according to the following schedule. A minimum separation of 15 feet is required between trees to be saved and used for credit.

EXISTING SAVED TREES      CREDIT
10"- 12" caliper         3 trees
15" or greater caliper         4 trees

         (d)   Of the required landscape area, a minimum of one shrub per 100 square feet, or fraction thereof, shall be required. Shrubs planted in order to satisfy this requirement shall be a minimum size of one gallon. Each existing tree or newly planted tree which is maintained in a living and growing condition may be credited towards the required number of shrubs according to the following schedule:

EXISTING SAVED TREES AND NEWLY PLANTED TREES      CREDIT*
   3" – 6" caliper                        4 shrubs
   7" – 9" caliper                        6 shrubs
   10" – 12" caliper                     8 shrubs
   15" or greater caliper                     10 shrubs

*Credits shall not exceed 50% of the required shrubs.

      (2)   Tree preservation and care during construction.

         (a)   Existing trees to be preserved for landscape credit must be clearly marked.

         (b)   Existing trees to be saved for landscape credit shall have a barricade along the tree's drip line prior to grading and construction.

         (c)   Areas to remain preserved are to be barricaded so that construction practices in the field will protect existing trees from compaction of soil, changes in grades and damage from machines.

      (3)   Landscape requirements.

         (a)   For a lot abutting one street, a minimum of 75% of the landscaping area shall be located in the street yard. The remaining percentage of landscaping shall be reasonably dispersed throughout the lot. The distribution of landscaping may be amended at the discretion of the City Planner in order to ensure the maximum benefit of the required landscaping.

         (b)   For a corner lot, a minimum of 90% of the landscaping area shall be located in the street yard. The remaining percentage of landscaping must be reasonably dispersed throughout the lot. The distribution of landscaping may be amended at the discretion of the City Planner in order to ensure the maximum benefit of the required landscaping.

         (c)   For a lot abutting three or more streets, landscaping shall be reasonably dispersed so that each street yard has some landscaping.

         (d)   All existing undergrowth in a protected area shall remain until construction is complete and may be removed at that time by hand clearing only.

         (e)   Any surface of the street yard not occupied by trees, shrubs, planting beds, signs or other permitted fixtures shall be planted with sod or other suitable groundcover.

         (f)   Every development shall be required to have either an irrigation system or a hose connection. The hose connection shall be within 150 feet of all landscaping. A 10% reduction in the required landscape area shall be made when an irrigation system is provided for the entire landscaped area.

         (g)   Trash dumpsters and other similar refuse containers are required to be located in visually screened areas. At a minimum, screening shall employ a six feet high, solid fence, and/or landscape material sufficient to screen the dumpster from public view. Trash dumpsters that are not readily visible from public right of way shall not require screening.

         (h)   Where parking areas abut residentially zoned property, and the parking area is not screened from view by a wall, berm or other screen, a continuous screen of shrubs (minimum five gallons in size) must be placed adjacent to the parking area. The shrubs should create a minimum three-foot tall screen in two years. Drought and freeze-resistant shrubs shall be used; e.g., Photinia, dwarf Burford Holly, dwarf Chinese Holly or dwarf Yaupon Holly. Other plants may be used with the approval of the City Planner.

         (i)   Landscaping islands are required in parking lots in excess of 50,000 square feet at both ends of each row of ten or more parking spaces. Each separate landscaped area shall contain a minimum of 50 square feet; shall have a minimum dimension of at least five feet; and shall include at least one tree. The remaining area shall be landscaping material not to exceed three feet in height.

      (4)   Landscape plan requirements. A landscape plan shall be required and submitted upon application for a building permit. The landscape plan may be a separate site plan, or when feasible, the landscape plan information may be included on the building site plan. It is recommended that landscape plans be prepared by a professional landscape architect or landscape contractor. The landscape plan shall include:

         (a)   The location of existing boundary lines and dimensions of the lot.

         (b)   The location of existing and proposed utility easements on or adjacent to the lot and the location of overhead power lines and any underground utilities.

         (c)   A plant schedule listing the name and size of all plant materials. Botanical nomenclature as well as common names shall be listed. All canopy trees shall be identified as containerized or balled and burlapped.

         (d)   The location, size and type of vegetation of new and existing plant materials to be planted or retained in the proposed landscaped areas.

         (e)   An indication of how the developer plans to barricade existing trees which are to be retained, in order to prevent damage to the trees during construction. The location and size of the barricade(s) shall be indicated.

         (f)   The location of the proposed water faucet(s) or a note indicating the installation of the irrigation system covering the entire lot.

         (g)   The location of existing development, adjacent land uses, and roadways.

         (h)   Information necessary for verifying whether the minimum required landscaping area has been met.

         (i)    A statement indicating the total square footage of landscaping area required, including the number of trees and shrubs required, for the proposed development to be in compliance with this section, and a calculation to verify that the number, size and type of vegetation listed on the plant schedule shall render the proposed development to be in compliance with this section.

      (5)   Plan revisions. Minor revisions to landscape plans are acceptable if there is no reduction in the quality of plant material or no significant change in size or location of plant materials, and if the new plants are of the same general category (i.e., shade, ornamental, or evergreen trees) and have the same general characteristics (mature height, crown spread) as the materials being replaced. Proposed materials must also be compatible with the area to ensure healthy plant growth. If these criteria are not fulfilled, changes to approved plans must be resubmitted and reviewed for approval.

      (6)   Maintenance.

         (a)   The owner, or agent shall be responsible for the maintenance of all landscaping, which shall be maintained in good condition so as to present a healthy, neat and orderly appearance, and shall be kept free from refuse and debris. Any plant that dies must be replaced with another living plant that complies with the approved landscape plan within 120 days after death, season permitting.

         (b)   The property owners shall be responsible for replacement of dead landscaping material. Replacement must occur within 120 days, season permitting, of notification by the City Planner or designee. Replacement material must be of similar character as the dead landscaping material.

         (c)   The property owner is responsible for any damage or interference with utility lines or other utility facilities resulting from the negligence of the property owner, agents or employees in the installation and maintenance of required landscaping. If a utility crew disturbs a landscaped area in a utility easement, it shall make every reasonable effort to preserve the landscaping materials and return them to their prior locations after the utility work is completed. If nonetheless some plant materials die, it is the obligation of the property owner to replace the dead plant materials.

         (d)   Nothing in this section shall prohibit or restrict a public utility company from trimming or removing trees or other plant materials that are a hazard to its employees, the public or its facilities, or that threaten to interfere with the provision of continuous service.

      (7)   Phased development. Each phase of a phased project shall comply with this section. Phase lines, if drawn, shall be drawn 20 feet or more from developed site elements (parking, buildings, ponds, and the like). The portion left for subsequent phases shall remain of developable size and quality. No building permit shall be issued for a subsequent phase of a project until all requirements of this section have been met.

      (8)    Floodway. On sites where a floodway exists, the floodway area will be subtracted from the total lot area when calculating landscape requirements. Therefore, trees, shrubs or groundcover in this area will not be applicable in meeting the landscaping requirements for the development of the property.

      (9)   Parkways. Abutting parkways are required to be planted with grass and left unpaved except for sidewalks and driveways.

      (10)   Undisturbed area. On sites where the City Planner has determined that an undisturbed area exists, the area will be subtracted from the total lot area when calculating landscape requirements. Therefore, trees, shrubs, or groundcover in this area will not be applicable in meeting the landscape requirements for development of the property. No building permit shall be issued for the development within the undisturbed area until all requirements of this section have been met.

   (F)   Landscape standards and specifications.

      (1)   Plant criteria.

         (a)   All plant materials planted in order to satisfy this section shall be of a species which will conform to the selection criteria of this section.

            1.   Plant materials shall be either acceptable native plants to the city area, or plants that are known to be acclimated to the North East Texas region.

            2.   The selection of individual plant materials shall require that the specie chosen be adaptable to the specific environment and conditions in which it will be planted; i.e., soils, water availability, height limitations and shade.

         (b)   Trees and shrubs planted in order to satisfy this section shall conform to the minimum size specified.

            1.   Canopy trees shall have a minimum caliper of 1 1/2 inches; shall have a minimum branching height of six feet; and shall have a minimum overall height of eight feet immediately after planting.

            2.   Shrubs shall be a minimum size of one gallon.

         (c)   Trees shall be selected so as to avoid those species known to cause damage to public improvements.

         (d)   Artificial plants are not acceptable in satisfying this section.

      (2)    Planting requirements.

         (a)   A professional horticulturist/nurseryman should be consulted to determine the proper time to move and install plant material so that stress to the plant is minimized. Planting of all material may be continued during winter months provided the plant material is not subject to severe freezing. In the event weather conditions are not suitable for planting, with the approval of the City Planner, and prior to issuance of a Certificate of Occupancy, an irrevocable letter of credit assigned to the city shall be provided to cover the cost of postponed planting.

         (b)   The owner or contractor shall furnish and install and/or dig, ball, burlap, and transplant all plant materials listed on the plant schedule.

         (c)   Trees shall not be planted so near to sewers, sidewalks, or other public improvements as to cause damage to such improvements.

         (d)   Sight clearance on all sites shall comply with §§ 98.085 et seq.

         (e)   The owner or contractor shall excavate all plant pits, vine pits, hedge trenches and shrub beds as follows:

            1.   All pits shall be generally circular in outline, with vertical sides. The tree pit shall be deep enough to allow one-eighth of the ball to be above the existing grade. Plants shall rest on undisturbed existing soil or well-compacted backfill. The tree pit must be a minimum of nine inches larger on every side than the ball of the tree.

            2.   If areas are designated as shrub beds or hedge trenches, they shall be cultivated to at least 18 inches in depth. Areas designated for ground covers and vines shall be cultivated to at least 12 inches in depth.

         (f)   Each tree, shrub or vine shall be pruned in an appropriate manner, in accordance with accepted standard practice. Broken or bruised branches shall be removed with clean cuts made on an angle from the bark ridge to the branch collar, no flush cuts, to minimize the area cut. All cuts shall be made with sharp tools. Trim all edges smooth.

         (g)   All trenches and shrub beds shall be edged and cultivated to the lines shown on the drawing. The area around isolated plants shall be edged and cultivated to the full diameter of the pit. Sod that has been removed and stacked shall be used to trim the edges of all excavated areas to the neat lines of the plant pit saucers, the edges of shrub areas, hedge trenches and vine pockets.

         (h)   After cultivation, all plant materials shall be mulched with approved material over the entire area of the bed or saucer according to generally accepted landscape practices.

   (G)   Non-conforming developments.

      (1)   Classification of non-conforming developments. Land developed with a building or structure which is in lawful use at the effective date of this section, and land which does not conform to this section, but is subsequently annexed to the city, shall have non-conforming use status with respect to this section.

      (2)   Regulation of non-conforming developments.

         (a)   The lawful use of a building or other development as described in division (G)(1) above may be continued although such development does not comply with the requirements thereof. However, voluntary compliance with these requirements and landscape enhancement is encouraged.

         (b)   The repair or restoration of a building or other development to its prior condition after being damaged or destroyed by fire, explosion, wind, flood, tornado or other accident or weather phenomena, shall not require that such building or other development comply with the requirements of this section, provided a building permit for the repair or restoration is obtained within 12 months of the date the damage occurred.

         (c)   The expansion of an existing building, or the construction of one or more additional buildings on the same lot as the existing building, shall not require compliance with this section provided:

         1.   That the expansion of the existing building or the construction of the additional building(s) shall not result in the encroachment of any wall building line into an existing street yard; or

         2.   Where the expansion of the existing building or construction of any additional building(s) will result in the encroachment of a wall building line into an existing street yard, the gross floor area (g.f.a.) of that portion of the expansion which will extend into the street yard, or the total gross floor area of all buildings to be constructed in the street yard, shall not exceed 25% of the gross floor area of the existing building. See division (J), illustration 6.

   (H)   Appeals.

      (1)   Procedure.

         (a)   Appeals may be taken by any person whose development is affected by this section. Requested variances from this section shall be submitted in writing. Such appeal or request for a variance shall be filed with the Planning Department, shall specify the grounds thereof, and shall be accompanied by a filing fee. The Planning Department shall transmit to the Board of Adjustment all of the papers constituting the record upon which the action appealed from was taken.

         (b)    The Board of Adjustment shall consider such appeals in the same manner as other appeals within its jurisdiction.

         (c)    The Board of Adjustment may authorize a variance from this section when an undue hardship will result from requiring strict compliance. The Board has the responsibility of making the findings herein below required, and shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed development, and the probable effect of such variance upon the public health, safety, convenience and welfare in the vicinity.

      (2)    Variances.

         (a)   No variance may be granted unless the Board of Adjustment finds:

            1.   That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this section would deprive the applicant of the reasonable use of the land;

            2.   That the variance is necessary for the preservation and enjoyment of substantial property right of the applicant;

            3.   That the variance will not be detrimental to the public health, safety or welfare or be injurious to other property in the area;

            4.   That the lack of landscaping will not be detrimental to adjoining property or the health, safety and welfare of the public; and

            5.   That the hardships and difficulties of the landscaping and/or screening are greater than the benefits derived by the public.

         (b)   Such findings of the Board of Adjustment together with the specific facts upon which the finding is based, shall be incorporated into the official minutes of the meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this section so that the public health, safety and welfare may be secured and substantial justice done. Monetary hardship to the developer standing alone, shall not be deemed to constitute undue hardship.

   (I)   Violation, penalty and enforcement.

      (1)   It is the duty of the Planning Department to enforce this section. Appeals from the decision of the City Planner may be made to the Board of Adjustment.

      (2)   Reports of non-compliance with this section should be directed to the Planning Department. The Planning Department will accept complaints from the public. Upon receipt of a complaint, the Planning Department will investigate and, if non-compliance exists, will inform the property owner of the violation, giving a reasonable amount of time to comply. Should the owner fail to comply within the time period, the owner shall be subject to a fine as set forth in § 155.99.

      (3)   Notice shall:

         (a)   Be in writing;

         (b)   Include a statement of the reason for its issue;

         (c)   Allow a reasonable time for compliance;

         (d)   Be served upon the owner, or agent responsible for property maintenance provided that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any method authorized or required by state law; and

         (e)   Contain an outline of remedial action which, if taken, will effect compliance with this section. At the end of such period as noted above, the Planning Department shall re-inspect, and if such conditions or practices have not been corrected, further legal action by the city may be instituted.

   (J)    Illustrations.

   The following six illustrations are included as examples to help explain the requirements of this section.

(Ord. 2003-6, passed 5-20-03)