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HomeMy WebLinkAbout1998-100NOM Amended by Ordinance No 98-396 Ordinance 9&100 ORDINANCE NO.98-100 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 31 "LANDSCAPING, SCREENING AND TREE PRESERVATION" CODE OF ORDINANCES OF THE CITY OF DENTON BY REPEALING CHAPTER 31 AND ADOPTING A NEW CHAPTER 31 "LANDSCAPE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON PROVIDING FOR MANDATORY TREE REQUIREMENT PER ACRE OF DEVELOPMENT, PROVIDING A MANDATORY MINIMUM PLANTNG AREA FOR ALL DEVELOPMENT, PROVIDING FOR LIMITS OF CLEARING AND GRADING FOR DEVELOPMENTS; ESTABLISHING TREE CREDITS FOR THE PRESERVATION OF TREES, ESTABLISHING REQUIREMENTS FOR SCREENING AND LANDSCAPING REGARDING PARKING LOTS, OUTDOOR STORAGE AREAS AND BUFFERYARDS; PROVIDING FOR THE ADMINISTRATION OF TREE INVENTORY PLANS, LANDSCAPE PLANS AND PLOT PLANS AND FOR ENFORCEMENT OF THE ORDINANCE, PROVIDING FOR THE ADOPTION OF FEES TO ADMINISTER AND ENFORCE THE ORDINANCE, PROVIDING A CIVIL PENALTY IN THE MAXIMUM AMOUNT OF $1,000 00 FOR VIOLATIONS THEREOF, ESTABLISHING A SELECTED SPECIES LIST, PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council for the City of Denton, Texas has determined that the continued growth of the City of Denton is straining the ecological and esthetic environments of the City of Denton, and, WHEREAS, the City Council for the City of Denton, Texas finds that growth, clear cutting, mass grading, and the increase of impervious surface land coverage continues to diminish the forests, trees and natural conditions of the City of Denton, and, WHEREAS, the City Council finds that it is in the public interest to insure that new developments in the City of Denton will help preservation, protection and enhancement of the ecological and esthetic environments of the City, and, WHEREAS, the City Council finds that the current landscaping, screening and tree preservation ordinance codified in chapter 31 of the Code of Ordinances, City of Denton does not presently meet the needs and demands of the City and that chapter 31 of the Code of Ordinances should therefore be repealed, and, WHEREAS, the City Council recognizes that the establishment of new rules and regulations for mandatory tree requirements, mandatory planting areas in developments, limits of grading, landscaping, and tree preservation is necessary and in the interest of the public welfare, and that an effective method to provide for the same is the adoption of a new landscape ordinance rules and regulations and state law, and, WHEREAS, the City Council has conducted a public hearing on the proposed regulations contained herein, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 That the "Landscaping, Screening and Tree Preservation " Chapter 31 of the Code of the City of Denton, Texas, be and the same is hereby amended by the repeal of Chapter 31 of the Code of the City of Denton, Texas, and, Landscape Code Page Ordinance 98100 SgCTION II That of the Code of the City of Denton, Texas , the adoption of a new Chapter 31 of the Code of the City of Denton, hereafter said chapter shall be and read, as follows Sec 31-1 Short Title be and the same is hereby amended by Texas, entitled "Landscape ", so that ARTICLE 1. IN GENERAL This chapter shall be known and may be cited as the Denton Landscape Code Sec 31-2 Statement of Purpose. The intent of this article is to promote the immediate and long-term public health, safety, economic stability and general welfare by establishing and managing the City's urban tree canopy coverage This article is Intended to promote the following general purposes (1) Preservation, protection, and enhancement of the ecological and aesthetic attributes of the City (2) Ecological stabilization through urban forest management that contributes to the processes of air purification, oxygen regeneration, ground water recharge, storm water runoff retardation, and promotes energy efficiency and water conservation, thereby abating noise, heat and glare (3) Protection, preservation and advancement of the urban forest's appearance, character and value that includes all properties within the community, and that contributes to a strong sense of neighborhood, community, and quality of life (4) Protection and preservation of native and specimen vegetative species, their ecosystems and natural habitats and preventing damage to and unnecessary removal of vegetation during the land development and construction processes (5) Acknowledgement that trees and landscaping add value to property, protect public and private investment to the general benefit of the City and its residents (6) More specifically, this article is intended to a Protect water resources, flood plains, environmental quality, and the natural and man- made physical and visual quality of the City b Mitigate the effects of impervious surface land coverage by structures and paving that tend to Increase ambient air temperature and generate greater water runoff causing erosion, flooding, and water pollution c Prevent clear -cutting and mass grading of land by encouraging the use of natural terrain for building sites, and by providing cluster development incentives d Promote native plant species preservation and replenishment, and encourage the use of drought tolerant and low water usage vegetation e Provide incentives for tree preservation f Protect and provide wildlife habitats g Require landscaping and screening to promote land use compatibility and improved aesthetic quality h Promote soil conservation by minimizing natural terrain disturbances, thereby reducing sedimentation, and air and surface water pollution Landscape Code Page 2 Ordinance 98.100 Sec.31-3 Definitions Clearing An intentional act to cut down, remove all or a substantial part of, or damage a tree or other vegetation that will cause the tree or other vegetation to decline and/or die Clearing is defined to include, but not be limited to, chemical, physical, compaction, or grading damage Clear -cutting is a clearing activity conducted over an entire lot Critical Root Zone A circular region measured outward from a tree trunk representing the essential area of the roots that must be maintained or protected for the tree's survival A tree's critical root zone is measured as one foot of radial distance outward from the trunk for every inch of tree DBH, and may be no less than a radius of eight (8) feet DSH Diameter -at -breast -height (DBH) is the tree trunk diameter measured in inches at a height of 4 5 feet above ground level If a tree splits into multiple trunks below the 4% feet level, DBH will be defined as the sum of each individual trunk measured at 4% feet above ground level, or the single trunk at Its most narrow dimension, whichever is greater Director The City of Denton Director of Planning and Development, or the Director's designee Drlpllne 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 Erosion The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, Ice, or gravity Grading The mechanical or physical act of disturbing, moving, removing, transferring, or redistributing soil or earthen surfaces Gross Lot Area An area under public or private property ownership, whose lot lines are described by plat or deed Ground Cover Low growing plants, vines, or grasses that form dense, extensive growth, and have a positive effect against soil erosion and soil moisture loss Impervious Surface A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water Industrial Property Properties developed with land uses described in the 1987 STANDARD I IC MANUAL, published by the Executive Office of the President, O ce of Management and Budget, within the following categories Manufacturing (Division D) or Terminal and Joint Terminal Maintenance Facilities for Motor Freight Transportation (Division E, Major Group 42, Industry Group No 423) LIMIts of Clearing and Grading The boundaries of that area of land identified in a landscape plan to be subject to soil disturbance or cleared of trees and other vegetation in conjunction with a proposed development or land use Live Plant Materials "Live" plant material, including grasses, annuals, perennials, bulbs, groundcover, shrubs, and trees are botanical plants that are nourished through the processes of air, water, and soil nutrients Plant materials such as, plastic, fibrous, silk or other non -live materials are not considered "live" plant materials Monarch Tree A tree that has been determined to be of unique community value because of its size, specie, age, form, historical significance, or other unique characteristics A Monarch Tree is specifically protected from removal upon designation Landscape Code Page 3 Ordinance 98.100 Outdoor Storage Area Any area that contains trash collection areas or dumpster refuse containers, outdoor loading and unloading spaces, docks or outdoor shipping and receiving areas, outdoor storage of bulk materials and /or parts, or areas regularly used for outdoor repair, outdoor storage areas of service stations, motor vehicle dealers, or inspection stations Temporary construction and related activities are excluded from this definition Permanent Tree Protection Devices Structural measures, such as retaining walls or aeration devices, that are designed to protect the tree and its root systems throughout its lifetime Planting Area An outdoor area, the surface of which may not be covered by impervious surface materials such as asphalt or concrete, nor by structures, and devoted entirely to the planting or construction and maintenance of trees, shrubs, groundcovers, fences, walls, and/or earthen berms Temporary Tree Protection Devices Physical barriers, at least four (4) feet in height, installed prior to construction for the purpose of preventing damage to trees Such devices include snow fencing, chain link fence, barbed wire fence, vinyl construction fencing or other similar temporary barrier, may be no less than four feet in height, and non -intrusive to the tree critical root zone Tree Topping The severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree that removal of the top canopy disfigures and invites probable disease to the tree Vegetation All plant life, however, for purposes of this chapter shall be restricted to mean trees, shrubs, ground cover, and vines with the exception of state and federally protected or endangered vegetative species which in all cases shall be preserved Vehicular Surface Area Any outdoor off-street area used to store or drive motor vehicles that does not contain defined off-street parking spaces Paved areas used for drive -through windows, parking lot access lanes, or gas station pump lanes are considered to be vehicular surface areas Sec 31 4 Applicability. (1) All property located within the city limits of the City of Denton is subject to the provisions of this article Clearing and grading permits shall be required for all property prior to the commencement of clearing and grading activity Complete and accepted tree inventory plans shall be required prior to preliminary plat approval Approved landscape plans, which may also demonstrate satisfactory clearing and grading requirements shall be required prior to final plat approval Approved plot plans shall be required prior to issuance of building permits, and Inspected for compliance prior to final inspection and/or issuance of the certificate of occupancy (2) The requirements of this chapter will cease to be in effect upon the satisfactory completion of the final inspection for single-family and duplex residential dwellings For any other land uses, previously platted lots shall be subject to the provisions of this chapter when one of the following occurs a Remodeling or redevelopment is proposed that would expand existing gross floor area of the lot's structure or structures by twenty-five (25) percent or more, or b Parking lot(s) or vehicular surface area(s) improvements are proposed, which would result in an impervious surface expansion of twenty-five (25) percent or greater, or would result In impervious surface reconstruction amounting to twenty-five (25) percent or greater Landscape Code Page 4 Ordinance 98.100 See.31-5 Exclusions. (1) Property being actively used for agricultural, ranching, or livestock production and serves as the source of primary Income for the owner/lessee is exempt from the provisions of this article A clearing and grading permit must be submitted, without charge to the applicant, to serve as declaration of exemption from this article Property identified in the permit is excluded from any other land uses, other than those defined in this section, for a period of no less than 5 years from the date of issuance of the clearing and grading permit (2) The Denton Municipal Airport (Appendix C) and the Fry Street Development Corporation Boundary (Appendix B) are exempt from the provisions of this ordinance The Amended Central Business Overlay District (Appendix A) shall be exempt from the new planting provisions of this ordinance (3)1 Single-family homeowners may claim an exemption from the provisions of this article if they verify their status as the owner or contract vendee of the property before the final inspection is completed, and verify in writing that they will be the occupants of the home ARTICLE II. TREE AND LAND PROVISIONS Sec 31-6 General Provisions. (1) Tree Requirements a Trees All property shall provide trees at a ratio of fifteen (15) trees per acre (43,560 square feet), or one (1) tree per 2,904 square feet of gross lot area Industrial property shall provide trees at a ratio of fifteen (15) trees per acre (43,560 square feet), or one (1) tree per 2,904 square feet of net lot area, calculated at 60 percent of the gross lot area or by exclusion of the main enclosed structure ground floor area from the gross lot area, whichever is less b Sue All trees planted to satisfy the tree standards must be a minimum of three (3) inches in diameter at breast height (DBH) c Specie All trees planted to meet the requirements of this section must be listed on the Selected Species List No trees with a maximum mature height of twenty-five (25) feet or greater may be planted within twenty-five (25) feet, measured horizontally, from the nearest overhead utility line d Species Diversity The following Species Diversity Requirements shall apply to all Landscape Plans, but shall not be used to limit eligibility for tree credits Number of Required Maximum Percentage Site Trees of Any One S eR cles 10-19 50% 20-39 35% 40-59 25% 60+ 15% e Tree Selection At least 50 percent of the total tree requirement for the property shall be Large and Medium Trees as specified in Sec 31-15, Selected Species List The remaining trees may be any size tree as specified in Sec 31-15, Selected Species List Landscape Code Page 5 Ordinance 98.100 (2) Land Requirements a Plantma Area All property shall reserve as planting area a minimum of twenty (20) percent of gross lot area Limits of Cleanna and Gradma The limits of clearing and grading shall be designated on the approved landscape plan prior to commencement of any construction activity The limits of clearing and grading shall designate the outermost edge of the area within which the existing topography is to be altered by cutting, filling, and vegetation removal In evaluating the Limits of Clearing and Grading, the Development Review Committee shall determine that reasonable construction design principles, practices, and installation techniques have been employed to minimize areas subjected to disturbance The extent of land disturbance shall be minimized, and shall accommodate only the following activities (1) Street construction and necessary slope construction However, such clearing shall meet the criteria of the City (2) Public service or utility easements and rights -of -way This shall include areas for utility line installation with any temporary construction easements necessary for such installation and easements for maintenance access These easements shall not be cleared prior to actual line installation Temporary construction easements shall be located to minimize soil disturbance and tree removal (3) Building roof coverage area and ancillary structures, such as covered patios and porches, plus up to 10 feet on all sides for construction activity (4) Driveways, alleys, walkways, parking lots, and other land area necessary to the installation of the proposed development or use Other necessary land area may include area for tennis courts, swimming pools, and related structures and uses (5) Area for septic field as required by the Utility Department This shall not include area necessary for reserve lines until such time as the reserve lines must be installed (6) Sediment basins Only the area necessary for the construction of the dam, the area in which sediment will collect, and the area necessary for construction and maintenance of the basin shall be cleared of vegetation Configuration of the basin shall use natural terrain as much as possible to minimize vegetation removal Any vegetation that dies as a result of the deposit of sediment and/or debris shall be removed by the property owner (7) Detention ponds Only the area necessary for the construction of the dam and the area necessary for construction and maintenance of the pond shall be cleared of vegetation Configuration of the pond shall use natural terrain as much as possible to minimize vegetation removal Any vegetation that dies as a result of the deposition of sediment and/or debris shall be removed by the property owner (8) Other types of construction, or land activity associated with construction, not listed in items 1 through 7 (above), that are necessary for the reasonable completion of the project Landscape Code Page 6 Ordinance 98.100 (4) Tree Credits a Preservation of existing trees may be used to receive credit toward meeting the Tree Standard of 15 trees per acre, if the trees are healthy and without substantial damage or defect Tree credits shall be earned in the following increments DBH of Existing Tree Tree Credits 6 to 12 Inches 1 0 12+ to 24 inches 1 5 24+ to 36 inches 20 36+ inches 25 b Tree credits may not be earned for preservation of existing trees located on land required to be dedicated for public right-of-way or easement purposes, unless the property owner can demonstrate the ability to protect the credited trees by way of restrictive covenant or other legal Instrument considered satisfactory by the City Attorney c Tree Credit Protection Measures Tree credits will not be permitted unless temporary tree protection devices are installed at least to the limit of the critical root zone or the dripline, whichever is greater, during construction activity The following activities shall be prohibited within the limits of the critical root zone or dripline of any tree being preserved for credit (1) Physical Damage Any physical damage to a tree preserved for credit that is considered to place the survival of the tree in doubt shall be eliminated as a credited tree Tree topping is prohibited for trees preserved for credit (2) Equipment Cleaning and Liquid Disposal No equipment shall be cleaned or other liquids deposited or allowed to flow overland within the limits of the critical root zone of a protected or monarch tree This includes paint, oil, solvents, asphalt, concrete, mortar, tar or similar materials (3) Grade Changes No grade changes (cut or fill) shall be allowed within the limits of the critical root zone of any protected tree unless adequate construction methods are approved by the Director of Planning and Development (4) Impervious Paving No paving with asphalt, concrete or other impervious materials in a manner which may reasonably be expected to kill a tree shall be placed within the limits of the critical root zone of a protected tree, unless otherwise specified within this article (5) Material Storage No materials intended for use in construction or waste materials accumulated due to excavation or demolition shall be placed within the limits of the critical root zone of any protected tree (6) Tree Attachments No signs, wires, or other attachments, other than those of a protective nature shall be attached to any protected or monarch tree (7) Vehicular Traffic No vehicular and/or construction equipment traffic, parking, or storage shall take place within the limits of the critical root zone of any protected tree other than on existing street pavement This restriction does not apply to single incident access within the critical root zone for purposes of clearing underbrush, establishing the budding pad and associated lot grading, vehicular access necessary for routine utility maintenance or emergency restoration of utility service or routine mowing operations Landscape Code Page 7 Ordinance 98100 (5) Monarch Trees Monarch Tree nominations will be prepared by the Director, during Landscape Plan review or after the evaluation of nomination proposals submitted to the Director Those specie with a minimum diameter identified In the Selected Species List (Section 31-15) will be eligible for Monarch Tree nomination Any other tree specie with a minimum diameter of at least 75% of the listing in the most current publication of the Texas Forest Service Big Tree Registry are also eligible for Monarch Tree nomination The owner of the property where the nominated tree is located may confirm the designation in writing If in disagreement, the property owner may appeal the nomination to the City Planning and Zoning Commission, where review and final decision will be made Upon designation, removal of a Monarch Tree shall be prohibited unless permitted by the Director for reasons of disease or damage (6) Residential Subdivisions a Residential subdivisions may demonstrate compliance with the 15 trees per acre Tree Standard by calculating the average number of trees per acre for the area contained within the entire subdivision b If a residential subdivision achieves an average of 30 or more trees per acre by reserving open space to be dedicated to the City, including land required by the City's park dedication ordinance, or to be maintained by a homeowners' association, minimum lot size may be reduced by ten (10) percent in order to realize the maximum density allowed within the zoning district (7) Public Property a All lands owned as individual lots by governmental entities are subject to the provisions of this article to the extent allowed by law The City of Denton appreciates the participation of federal, state, county, and other jurisdictions in the management of the City's tree cover b Construction Projects located within Public Rights -of -Way and Easements The area defined by project limit lines will be used to determine tree standard compliance Trees removed must be replaced on the same basis used to calculate tree credits If replacement trees cannot be planted within the project area, they must be planted within areas designated by the Director and consistent with city open space plans (8) Functional Requirements a View Obstructions All landscaping, trees and screening devices required by this article shall be constructed, installed and maintained so as not to obstruct the view of motorists between the street and the access drives and parking aisles near the street yard entries and exits, nor shall any landscaping which creates an obstruction or view be located in the radius of any curb return b Traffic Barriers All planting areas, including critical root zones around trees and those used for parking lot screening and interior landscaping areas, which abut any parking lot or vehicular area shall be protected with curbs, parking blocks or similar barriers sufficient to protect vegetation from vehicular intrusion Plant and Planting Quality Conformance All plant materials, including replacement trees, shall be specified and planted with plants using the standards of the most recently published version of the American Standards for Nursery Stock, by the American Association of Nurserymen All plants shall be clearly tagged by the providing nursery for easy inspection with the Botanical Name All landscaping shall be installed according to sound horticultural practices, in a manner designed to encourage quick establishment and healthy growth Landscape Code Page 8 Ordinance 96-100 Stockpiling, Topsoil that is removed during construction shall be stored onsite and conserved for later use in required planting areas ARTICLE III. LANDSCAPE REQUIREMENTS Sec 31-7 Specific Landscape Area Requirements (1) Parking Lot Screening and Landscaping Perimeter Screening Any parking lot or portion thereof that is visible from the public right of way and contains 10 parking spaces or more shall provide perimeter screening The perimeter of each parking lot, excluding driveways, which fronts upon or is adjacent to a public street other than a public alley shall be provided with shrub screening with a minimum mature height of thirty-six (36) inches and installation height of eighteen (18) inches or greater, and spaced no more than twenty-four (24) inches apart, edge to edge Alternative shrub spacing may be used, with the approval of the Development Review Committee, when it can be shown that the selected shrub species growth pattern differs significantly from the spacing requirements of this ordinance The use of berms and planter walls will be allowed to contribute to installation and mature height requirements The slope of any earthen berm shall not exceed one foot of height for each three feet in width Interior Landscaping Any parking lot or portion thereof which is constructed and contains forty (40) parking spaces or more shall provide permanently landscaped areas consisting of islands, peninsulas, medians or adjacent planting areas One canopy tree shall be provided for every fifteen (15) parking spaces, and one shrub will be required for every five (5) parking spaces At least fifty (50) square feet of planting area shall be provided for each required tree, and no parking space shall be located more than fifty (50) feet from the trunk of a tree All interior landscaped areas shall be covered by trees, shrubs, or ground cover c Compliance with Tree and Land Reauirements The trees or planting areas used to comply with the parking lot screening and landscaping requirements contained in this section may also be used to demonstrate compliance with the 15 trees per acre standard and the 20 percent planting area lot requirements contained in this chapter d Distribution of Landscaped Areas The required landscaped areas for parking lots shall be more or less evenly distributed throughout the parking lot, although adjustments may be approved by the department, where the shape or size of the parking lot, the location of existing trees or other natural constraints reasonably prevent such distribution Vehicular Surface Areas Vehicular surface areas (VSA) must comply with the requirements of this section Perimeter screening is required as indicated in Section 31- 7(a)1 Interior landscaping requirements shall be met by providing one tree per 4,500 square feet of VSA, and one shrub per 1,500 square feet of VSA Tree canopy cover shall be evenly distributed throughout the VSA (2) Outdoor Storage Area Screening a Any outdoor storage area, or portion thereof, must be screened from public rights -of -way using live evergreen screening plants, six (6) feet in height at installation, spaced no more than eighteen (18) inches apart, edge to edge Landscape Code Page 9 Ordinance 99.700 b A fence or wall may also be used for outdoor storage area screening, provided it is at least six (6) feet tall, opaque, and of masonry, stone, or wooden material, or of the same material as that of the principal building Dumpster enclosure openings may not face public rights -of -way unless they are gated (3) Bufferyards a Bufferyards shall be required under the following conditions (1) Multi -family uses shall buffer when adjacent to single family or attached housing uses (2) Commercial uses shall buffer when adjacent to single-family, attached housing, multi- family, and lesser commercial uses (3) Industrial uses shall buffer when adjacent to any use, including lesser industrial uses b Plant materials, walls, or fences may be used within required yards, as specified in Section 35-91 of the City Code, to buffer adjacent land uses Trees or plants used in required yards may be used to demonstrate compliance with other sections in this article Sec 31-8 Maintenance (1) Maintenance Requirements a The property owner or his/her agent shall be responsible for the maintenance, repair and replacement of all preserved vegetation and landscaping plants and materials as may be required by the provisions of this article Once the final inspection has been completed for a single-family or duplex residential dwelling, the requirements of this article no longer apply All plant material and planting areas shall be tended and maintained in a healthy growing condition, replaced when necessary and kept free of refuse and debris c Fences, walls, gates and any other outdoor structures shall be maintained in good repair Openings within the barriers may be required by the Director for accessibility to an area for necessary public maintenance (2) Irrigation Irrigation is not required to demonstrate compliance with the requirements of this chapter for individual single-family residences Single-family residential planned developments with communal open space within planned development or single-family subdivisions with communal open space maintained by CC&R's or a homeowner's association are required to provide underground automatic irrigation All uses, other than individual single-family residences, are required to provide underground automatic irrigation in all planting areas Areas within the property that are left in undisturbed native habitats are not required to provide automatic irrigation Irrigation is required to cover planted areas within the rights -of -way adjacent to the property Proper watering is critical to plant survival, particularly during the first three years after tree or plant installation With the exception of individual single-family residences, trees or plants required as part of an approved Landscape Plan, must be replaced If they become diseased, damaged, or die Underground irrigation shall meet the following criteria Landscape Code Page10 Ordinance 98-100 a Irrigation must meet water conservation methods as established for irrigation systems and must use (1) Automatic irrigation control boxes that are programmable for seasonable weather conditions (2) Sensors that s ut off system irrigation during rain and freeze events (3) Low precipitate n, water conserving irrigation heads in lawn and slope conditions (4) Use of drip or pressure compensation tubing irrigation systems in planting beds (5) Use of flat Irrigation heads under shrubs in slope conditions is allowed (6) Use of tree irri lation in planting beds that allows and plans for future growth of the root system (7) Use of underg ound irrigation technology that reinforces water conservation b Use of non -water onserving rotary heads, spray risers and any spray head which is not designed as a low precipitation rate head is prohibited c It is a penalty of th s ordinance to allow uncontrolled water emissions d Irrigation systems ust be maintained in good operating condition at all times ARTICLE IV. ADMINISTRATION REVIEW AND PERMITTING Sec. 31-9 Administration] Review and Permitting. (1) Plan Submissions After the effective date of this ordinance, no preliminary plat may be approved without the submission and acceptance of a tree inventory plan The tree inventory plan shall delineate site trees by type, size and species An inventory map shall delineate tree cover by Identifying all Etands of trees with similar characteristics, such as specie, and defined as areas which in dude the outer perimeter of the dripline of individual trees Notation shall be Included indicating the range of height and DBH of trees within the areas, the predominant species within the areas, and the general appearance of the trees with regard to health b Landscape Plan The owner of any property to which this article applies shall submit a landscape plan in the form and mannei specified by the Planning and Development Department before the approval of the fl al plat This plan can be combined with the tree inventory plan The landscape plans all contain sufficient detail, as specified by the department, to show the following (1) The location lof all impervious si clearing and location and i existing or proposed subdivision improvements, buildings and residential subdivision landscape plans may substitute limits of grading designations for individual lots instead of detailed building npervious surface information until the time that a plot plan is required, Landscape Code I Page11 Ordinance 99.100 (2) The limits of clearing and grading proposed for the project, (3) The location, size, species, and health of all existing trees intended to be used for tree credit purposes, including tree credit calculations and the methods proposed to comply with preservation requirements, (4) The location, size, and species of all new trees required to meet the Tree Standard of 15 trees per acre, including the calculations that show how existing and new trees will comply with the ordinance, (5) When the perimeter and/or internal landscaping requirements for parking lots apply, the size and location of the parking lot(s), the number and striping of parking spaces, the calculations that show how many trees and shrubs are required, the location of required plantings and planting areas, the illustration of tree canopies as 50-feet wide radius circles, (6) When the property is required to provide screening for outdoor storage areas, the location and specification of screening materials, (7) When the property is required to provide bufferyards, the location and specification of bufferyard materials, (6) The location of topsoil storage areas, (9) Identification of any trees eligible for Monarch Tree nomination and (10)Such other information, as specified by the department, as may be reasonably necessary to administer and enforce the provisions of this article c Irriaation Plan The owner of any property to which this article applies shall submit a irrigation plan in the form and manner specified by the Planning and Development Department before the approval of the final plat The irrigation plan shall contain sufficient detail, as specified by the department, to show the following (1) Layout of the irrigation plan (2) Irrigation method(s) description with product specifications indicating low precipitation and water conserving heads (3) Control box and sensor specifications (4) Location of water sources Review and Approval of the Landscape and Irrigation Plans The Planning and Development Department shall determine the completeness of the submitted Landscape and Irrigation Plans within two (2) working days The plan will be referred to the development review committee for its review and approval The committee shall return the plan to the department noting thereon its approval or disapproval If disapproved, the committee shall specify the reasons why the plan does not comply with the provisions of this article e Plot plan Before the approval of any building permit application a plot plan must be submitted A plot plan for residential, multi -family, commercial or industrial use must be consistent with Landscape Code Page 12 Ordinance 98.100 the Landscape Plan and it must show the limits of grading and clearance for budding construction and impervious surface installation It shall also indicate specific lot drainage patterns, the location of any trees preserved for credit on the approved landscape plan, trees to be removed, protection measures for preserved trees, and new trees to be planted For protects with detailed site, landscape, and construction documents, the plot plan requirement may be waived where all information has been previously provided (2) Alternative Compliance for Large Sites If the platted property is over two acres in size, the applicant may request permission to create an "artificial lot" to satisfy the requirements of this chapter An artificial lot is intended to provide administrative relief for large sites that will achieve planting areas that exceed substantially more than 20% of gross platted lot area after development is completed The Director shall approve the creation of an artificial lot only if the spirit and intent of this chapter will not be violated If approved by the Director, artificial lot Imes shall be indicated on the proposed Landscape Plan and shall contain, at minimum, the total amount of impervious surface coverage, Plus 20% of the area inside the artificial lot reserved for required planting area b The area within the artificial lot lines shall provide trees and landscaping in compliance with the requirements of this section, and may not extend beyond the property boundaries of a single platted lot c The area outside the artifcial lot shall be maintained as planting area with Iroe vegetation determined by the applicant No trees located outside the artificial lot lines may be used for tree credits d The artificial lot lines shall include areas that, in the Director's opinion, are highly visible from public rights -of -way or are necessary to accomplish buffering of adjacent properties Sec 31-10 Enforcement, Penalties, and Fees (1) Bond/Cash Deposit In lieu of Installation of the landscape materials prior to occupancy, the applicant may post a bond acceptable to the City, conditioned upon satisfactory installation of the landscaping proposed in the landscape plan (2) Penalties That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $500 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense Sec 31-11 Civil Remedies (1) Nothing in this chapter shall be construed as a waiver of the City's right to bring a civil action to enforce the provisions of this chapter and to seek remedies as allowed by law, including but not limited to the following a Injunctive relief to prevent specific conduct that violates the ordinance or to require specific conduct that is necessary for compliance with the ordinance A civil penalty up to $1,00000 a day when it is shown that the defendant was actually notified of the provisions of the ordinance and after receiving notice committed acts in Landscape Code Page 13 Ordinance 99.100 violation of the ordinance or faded to take action necessary for compliance with the ordinance Sec 31-12 Appeals Unless otherwise provided, an action by the City in determining compliance with the terms of this article refers to a determination by the Planning & Development Department or the Development Review Committee (DRC) The Developer/owner of land subject to the requirements of this chapter may appeal any determination by the Planning & Development Department or the Development Review Committee under this chapter to the City Council for a final decision The appeal shall be in writing and shall be filed with the Planning and Zoning Commission, which shall make its recommendation to the City Council The City Council will not review the appeal of any determination by the Planning & Development Department or the Development Review Committee without first obtaining the recommendation of the Planning and Zoning Commission No plat or permit shall be approved by the Planning and Zoning Commission which varies the terms of this chapter or which does not comply with the Planning & Development Department or Development Review Committee 's determination without final resolution of the appeal by the City Council Sec 31-13 Fees The City Council may adopt a fee or fees, in the amount to be established by ordinance, to administer and enforce the provisions of this Chapter Sec 31-14 Conflicting Ordinances All ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of the conflict Landscape Code Page14 Ordinance 98.100 Sec 31-15 Selected Species List. Large and Medium Trees Common Name Botanical Name Native Height & Width Existing Tree Credit Street Tree Caddo Mal a Acer barbatum 'Caddo 60' x 40 • M 17 BI tooth Magiple Acer grandidentaturn Native 50 x 30 • M 12 Primary Texas Buckeye Aesculus ar uta Native 30 x 20 Chlttamwocd Bumella lanu inosa Native 40' x 30 1 • M 14 Pecan Carya Illlnocenals Native 80 x 60 M 36' Black Hlcko Carve lexana 60 x 50 • M 36 Deodar Ce ar Cedrus deodara 40 x 30 American S oketree Cofinus obovatus 30' x 20' Leyland Cypress Cupressocyparls le Iandii 40 x 15' • M 21" Primary Arizona C ress Cu ressus arizonica 35' x 20 Texas Per! moron Dlospyrus taxers Native 30' x 20 • M 10" Accent Common P rsimmon Dlospyrus vir Inlana 30 x 30 • M 23 Accent White Ash Fraxinus amedcana Native 60 x 50 • M 32 Texas Ash Fraxlnus texensis Native 50 x 40 • M 8 Primary Thomleas Hone locust Gleditsia triancenthos Inermis Native 80 x 60 • M 15 Primary No olito Ju lans microcar a Native 30 x 20 Black Walnut Ju lane More Native 80 x 60 Red Cedar Juni eras vir Inlana Native 40 x 10 Canaert Juniper Juni erus vir inlana'Canaertii 30 x20' Sweet Gum LI uldamber s redtiore cultivars Native 60 x 40 • M 36 Primary Os a eOren a Madura pomlfera'Park' Native 50 x40' M 31' Fruitless W Its Mulberry Morus alba'Fruitless 35 x 40 Texas Mulqerry Morus rubra Native 40 x 40 Black Gum Nyasa s Ivatica Native 50 x 25 Af han Pine Pinus eldarica 40 x 20' Austrian Pine Pinus NI ra 40 x 25 Chinese Platache Platachia chlnesls 40 x 30 • Accent London PI ne Tree Platanus acerifolla 50' x 35' • Primary Sycamore Platanus occldentalis cultivars 70 x 60' Cottonwo Po ulus deltoldea cuitivars 80 x 40 Fiowerin ear P rus calla ena'Adatoorat' 30 x 20 1 Accent Sawtooth Oak Quercus aocutlsima 60 x 50 • M 28 Primary Escarpment Live Oak Quercus fusifonnls Native 40' x 40 • M 44 Primary Lacey Oak Quercus glaucoldes Native 50 x 45 • M 28 Primary Bur Oak Quercus macrocar a Native 60 x 40' • M 40' Primary Chin ua i Oak Quercus mushlenber II Native 60 x 40 M 27 Primary Water Oak Quercus nl ra Native 50 x 40 • M 29 Willow Oak Quercus phellos 60 x 30 • M 33 Primary Shumard ak Quercus shumardll Native 70 x50 • M 28 Primary Post Oak Quercus stellate Native 60 x 45 • M 30' Texas Red Oak Quercus texans Native 30 x 30 • M 28 Accent Coastal Uve Oak Quercus vi Inlana cultivars Native 50 x 50 • M 44 Wee In Willow Salix bab lonlca 40 x 30 Western Saber Sa Indus sa onads v Drummondu' Native 30 x 20 • M 16 Bald C r ss Taxodlum dlstichum 60 x 30 • M 66 Primary Little leaf Linden Tills cordata 60 x 40 • Primary Winged Elm Ulmus slate Native 35 x 40 • M 19 Primary American Elm Ulmus americans Native 70 x 70 • M 26' Cedar Elm Ulmus crasslfolia Native 50 x 40 • M 12 Primary Lacebark Im Ulmus 50 x 35 • M 17" Primary Slippery II e E m Me Ulmus Me Native 70 x 60 • M 17' Note Thee credit Is limited to those specie Indicated by a "I" symbol In the Exlstlna Tree Credit column M Indicates species and minimum diameter for Monarch Tree nomination They are listed at 50 percent of that trees caliper as listed on the current Texas Forest Services Big Tree Registry other trees listed on the Selected Species List or on the Big Tree Registry may be nominated for Monarch Tree status at 75 percent of that species caliper Landscape Code Page 15 Ordinance 98 100 Accent / Small Trees and Lar a Shrubs Common Name Botanical Name Native Height & Width Existing Tree Credit Street Tree Roemer Ac da Acacia roemerlana 15' x 15' Wri ht Aca is Acacia wrl htil Native 15' x 15 Japanese Maple Acer palmaturn cuitivars 15 x 10 M 6 Scarlet Buckeye Aesculus pavla Native 25 x 20 Texas Madrone Arbutus xalafensis Native 25 x 20' Lemon Bolt ebrush Callistemon citdnus 15 x 15 Weeping B ttlebrush Caillstemon viminalls 20 x 15' Netieaf Hackberry Celtis reticulate Native 25 x 25 Little -leaf P to Verde Cercidlum micro h Ilum 12 x 15 Redbud Cards canadenels cultivara Native 1 25 x 20 Oklahoma Redbud Cercis canadensis texensis 'Oklahoma Native 20 x 15 • M 9" Accent Forest Pansy Redbud Cards canadensis'Forest Pansy 20 x 15 Texas Red ud Cercis canadensis texensis Native 25 x 20 Desert Will w Chilo sis linearis Native 20 x 15 Texas Pers mmon DlosDvros texana Native 25 x 20 • M 10' Kldneywo Eysenhardtla polystachya Native 20 x 12' Fra rant Ash Fraxlnus cuspids Native 15 x 10' Nellie R Stevens Holly Ilex a ulfollum'Nellie R Stevens' 20 x 15 Burford Holly Ilex oornula'Burfordi 20 x 15 • Accent Possumha Holly Ilex decidua Native 15' x 10 Yau on Holly Ilex vomitoria cultivars Native varies • M 8" Accent Weeping Y u on Ilex vomitoria'Pendula' 12 x 8 Foster Holly #2 Ilex x attenuata'Fosterl' #2 25 x 15 • Accent Ashe Juninar Juni erus ashes Native 25 x 15 Rocky Mou fain Juniper Junl erus sco ulorum 30 x 15 Goldenraln Tree Koelreuterua paniculata 25 x 15 Crape Myrtle La erstroemia Indira cultivars 15 x 10 • M 11 Accent Flowerina Crabawle Malus hybrids cull rs 20' x 20 Southern ax Myrtle M rica cedfera Native 15 x 10 • M 6 Red Tic Photinia Photlnla fraseri 20 x 15 Chinese P otinla Photinla serrulata 20 x 15' Japanese Black Pine Pinus thunber II 30' x 30' Texas Pist the Pistacla chlnensis Native 20 x 15 Carolina Cher Laurel Prunus caroliniana 25 x 15 • M 19' Accent Mexican PLckthorn Prunus mexlcana Native 25 x 25 • M 9 Accent Flatwoods Prunus umbellate 15' x 10' Carolina B Rhamnus caroliniana Native 20 x 15 Smooth Su ac Rhus alabra Native 15 x 10 Flame -leaf Sumac Rhus lanceolate Native 20 x 15' Eves Necklace Tree So hora af8nle Native 20 x 15 • Accent Texas Mountain Laurel So hora secundlIora 15 x 10 • M 10 Accent Mexican B cke a Un nadia s aciosa Native 20 x 20 1 Rusty Blac haw I Viburnum rutidulum Native 25 x 20 Vitex I Vltex a nuscastus I Native 15 x 20 • M 14 M Indicated species and minimum diameter for Monarch Tree nomination They are listed at 50 percent of that trees caliper as listed on the current Texas Forest Services Big Tree Registry other trees listed on the Selected Species List or on the Big Tree Registry may be nominated for Monarch Tree status at 75 percent of that species caliper Landscape Code Page16 Ordinance 88100 Shrubs Common Name Botanical Name Height & Width Glossy Abella Abella grandIflora cultivars 6' x 5 Edward Go char Abella Abella randiflora Edward Goucher 5 x 5 Prostrate a ells Abatis arandiflora'Prostrate 2' x 2' Japanese Cuba Acuba japonica 4 x 4 Pur leleaf Barberry Berberis thunbe II'Atrour urea' V x 4 Pyarriv Barberry Berberis lhunber II'Crlmson Pygmy 2' x 3 Crimson P m Barber Berberis thunbe II 'Crimson Pygmy 2' x 1 5' Ja anese oxwood Buxus micro h lla laponica cultivars 10 x 10 Beautylberry Callicarpa amerlcana 10 x 6 Buttonbush Ce halanthus oocldentalis 8 x 6' Dwarf Flow rin Qulnce Chaenomeles a onica Texas Scarlet 3 x T Flows in ulnce Chaenomeles s eciosa Tx 5' Rou hieaf Dogwood Cornus drummondii 6 x 5 Pampas Gross Conaderla selloana 10' x 7' Cotoneaster Cotoneaster cultivare varles Ebbin 's SlIverberry Eleagnus x ebben el 10' x 5 Japanese Aralla Fatsla laponlca 10 x 10 Fors thla Forsythia x Intermedia 6 x 6' Hvpencunn Hypericurn hen II 3 x 3 Needle olt Holly Ilex comuta 5 x 5 Dwarf Bu Holl Ilex cornuta'Burtordl Nana 7 x 4 Carissa H Ilex cornuta Carlssa' 4 x 5 Dwarf Horn d HollyIlex cornuta Rotunda' 4 x 4 Wilson Holl Ilex cornuta Wllsonii' 5 x 5 Dwarf Japanese Holly Ilex crenata Compacts' 4' x 4 Heller Ja anese Holly Ilex crenata'Helleri 3 x 4 Dwarf Yau on Holl Ilex vomltorla'Nana 4 x 4 Dwarf Pfltz r Juniper Juni erus chinenesls "Pfitzerana Compacts' 2 x 6 PftzerJuniper Juni eruschinensls'Pfltzerana' 5 x10 Blue Vase Juniper Junliperus chinensls "Blue Vase 5' x 4 Shore Juniper Junl erus conferta 2 x 4 Japanese arden Juniper Junl erus procumbens 2 x 6 Dwarf Craps Myrtle La erstroemla Indies culavars 6 x 4 Prostrate Crepe Myrtle La eretroemla Indies cultivars 3 x 3 Lantana Lantana cultivars varies Texas Sane Leuco h Ilum frutescens cultivars varies Variegated Chinese Privet LI ustrum sinense'Vade ata' 7 x 7 Giant Lino a Llrlo e aloantea 3 x 3 White Hon suckle Lonioera albiflora 4' x 4' Leatherlas Mahonla Mahonla bealel 4 x 3 A arita Mahonla trifollata 5 x 2 5 Nand Ina Nandlna domestics cultivars varies Com sot andlna Nandina domestica'Com acta 5' x 3' n Dwarf NaIna Nandina domestica Harbour Dwarf 3 x 3' Dwarf Pomegranate Punica granaturn Nana' S x 4' Firethorn P recantha cultivars varies Fragrant Sumac Rhus aromatics 8 x 6 Rosemary Rosmarinus officlnalis'Tuscan Blue" Tx 4' Lavender otton Santolina cultivars 2 x 3 h Brldalwrea S irea Spires prunifolla 7 x 5 Vanhoutte SpIrea S irea x vanhouttei 6 x 5 Coralbe S m horioar os orbiculatus 2 x 2 Woodern F Thelypteris kunthli 2 x 2 Landscape Code Page17 Ordinance 90.100 Groundcovers adding Plants Common ame Botanical Name Cast Iron PI nt As Idlstra elatior Horse Herb, Calyptocarpus vialus Trumpet Creeper Campsis radicans Dalla Greadil Dales greggii Wintercree er Euon mus fortunei Shore Juniper Junl erus conferta Creepino Juniper Juni erus horizontalia cultivara Japanese Garden Juniper Juni erus procumbens cultivara Trailin Lantana Lantana montevidensis Lilyturf 1.1no a cultivara Mondo Gra a 0 hio 0 on a onicus cultivara Vir inia Cre er Parthenocissus quinquefolia Coral Berry SymphorIcarpos orbiculatus Asiatic Jasmine Trachelos ermum asiaticum Penwlnkle Vince major & minor Vines Common Name Botanical Name Coral Vine Antionon le to us Cross Vine BI nonla ca reolata Trum et Vine Campsis mdicans Carolina S aliseed Vine Cocculus carolinus Carolina Je samine Gelsemlum sem ervirens Ivy Hedera cultivara Halls Hone suckle Lonicera a onica Hollisna Coral Hone suckle Lonicera sem ervirens Boston Ivy Parthenocissus tricus idata Cham anal Grape Vdld chaminli Cham anel Gra a Vine Vitis vinlfera Ja anese iaterla Wisteria floribunda Chinese Wisteria Wisteria sinensis Ornamental Grasses Common Name Botanical Name Big Bluestem Amdro 0 on gerardo Silver Blue tern Bothriochloa saccharoides Reed Great Calama rostis spp Inland Sea Oats Chasmanthium latlfolium Pam as G ass Cortaderia selloana Lemon Grass C mbo 0 on citratus Sugarcane' Plumerasa Edanthus i anteus Eulalla Misanthus spp Maiden Gross Mlscanthus sinensis'Graclllimus Zebra Gra a Miscanthus sinensis Zebrinus' Varie aled Je anese Silver Grass Mlscanthus sinensis "Varle atus Purple MuhlMuhly Muhlenber is fill es Lindhelmses Muhly Muhlenber is lindhelmerl Seep MuhlV Muhlenber is reverchoni Dwarf Fou lain rasa Pennisetum alo ecuroides Hamelin' e Founstainrass Pennisetum setaceum'Rubrum' ainr s Pennisetum s Black Bam oo Ph Ilostach s ni ra Little Blue tam I Schizach rium soo alum Lawn Grasses Buffalo Gr ss Buchloe dact Ioides Bermuda grass C nodon dact Ion Tall Fescue Festuca spp St Au ust ne Grass Stenota hrum secundatum spip Zo sia Gres ss Zoysia sipp Landscape Code Page18 Ordinance 98.100 Landscape Code Page19 Ordinance 98.100 Appendix A Amended Central Bus►ness Overlay Distr►ct Landscape Code Page 20 Ordinance 98.100 Appendix B Fry Street Development Corporation Boundary o lU a no O c_ 8' €€ JP0d� Un Dot � �� a n Q oP�d0p00 �o o ° UU10 in &4VO13 77 it 1pffs ��Cldl 6�� 6 • Lt� Ion ° IN UJ A13dp ('"P aF] IP O� •� FRY STREET DEVELOPMENT CORPORATION BOUNDARIES FRY STREET AREA UNIVERSITY OF NORTH TEXAS CAMPUS LI Landscape Code Page 21 Ordinance 98-100 Appendix C The Denton Municipal Airport Landscape Code Page 22 Ordinance 98.100 SECTION III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $500 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION IV. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity SgCTION V. That this ordinance shall become effective on May 15', 1998, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record - Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the 7th day of April, 1998 ATTEST JENNIFER WALTERS, CITY SECRETARY AS TO LEGAL FORM PROUTY, CITY ATTORNEY BY JAC NI ER, MAYOR Landscape Code Page 23 ORDINANCE NO. 98-1-1� AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 31 "LANDSCAPE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON PROVIDING FOR NEW STANDARDS FOR APPLICABILITY OF ORDINANCE WHEN REMODELING, REDEVELOPING OR RECONSTRUCTING; PROVIDING FOR A NEW LIST OF EXCLUSION FROM THE ORDINANCE, PROVIDING FOR NEW MEASURING OF TREES UNDER TREE REQUIREMENTS AND PROVIDING NEW CREDITS FOR PRESERVATIONS OF TREES, PROVIDING DEFINITION FOR LANDMARK TREE AND PROCEDURE FOR DESIGNATION; PROVIDING FOR NEW REPLACEMENT REQUIREMENTS ON PUBLIC PROPERTY; PROVIDING FOR AN ALTERNATIVE LANDSCAPE PLAN; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $500 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council for the City of Denton, Texas has determined that the continued growth of the City of Denton is straining the ecological and esthetic environments of the City of Denton, and, WHEREAS, the City Council for the City of Denton, Texas finds that growth, clear cutting, mass grading, and the increase of impervious surface land coverage continues to diminish the forests, trees and natural conditions of the City of Denton, and, WHEREAS, the City Council finds that it is in the public interest to insure that new developments in the City of Denton will help preservation, protection and enhancement of the ecological and esthetic environments of the City, and, WHEREAS, the City Council passed a new Landscape Ordinance on April 7, 1998, and, WHEREAS, the City Council recognizes that certain amendments to the ordinance are needed in order to produce the desired results of the Landscape Ordinance and, WHEREAS, the City Council has conducted a public hearing on the proposed regulations contained herein, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That of the Code of the City of Denton, Texas , be and the same is hereby amended by deleting the term "Monarch Tree" and replacing it with the term "Landmark Tree" and revising such definition in Section 31-3 entitled "Definitions" by defining such term to read as follows Sec. 31-3 Detinitlons. Landmark Tree A tree that has been determined to be of unique community value because of its size, specie, age, form, historical significance, or other unique characteristics SECTION 11 That Chapter 31 'Landscape" of the Code of Ordinances is hereby amended by revising subsection (2) and by the addition of a subsection (3) to Section 31-4 entitled "Applicability" to read as follows Sec. 31-4 ApplicablUty. (1) All property located within the city limits of the City of Denton is subject to the provisions of this article Clearing and grading permits shall be required for all property prior to the commencement of clearing Landscape Code Revisions Ordinance Page 1 and grading activity It shall be unlawful to commence any clearing or grading activity without first obtaining a clearing and grading permit Complete and accepted tree inventory plans shall be required prior to preliminary plat approval Approved landscape plans, which may also demonstrate satisfactory clearing and grading requirements shall be required prior to final plat approval Approved plot plans shall be required prior to issuance of building permits, and inspected for compliance prior to final inspection and/or issuance of the certificate of occupancy (2) The requirements of this chapter will cease to be in effect upon the satisfactory completion of the final inspection for single-family and duplex residential dwellings (3) When remodeling, redevelopment, or reconstruction is proposed on platted property that would result in an expansion of gross floor area, parking lot area, or vehicular surface area, the following provisions shall apply a When remodeling, redevelopment, or reconstruction is proposed on platted property that would expand existing gross floor area of the lot's structure or structures by less than twenty-five (25) percent, the proposed activity is exempt from the provisions of this article b When remodeling, redevelopment, or reconstruction is proposed on platted property that would expand existing gross floor area of the lot's structure or structures by twenty-five (25) percent or more, but less than fifty (50) percent, only the portion of the site where the expansion is located is subject to the provisions of this article c When remodeling, redevelopment, reconstruction, or expansion is proposed on platted property that would expand existing gross floor area of the lot's structure or structures by fifty (50) percent or more, the entire property must comply with the provisions of this article d When parking lot or vehicular surface area improvements are proposed that would result in an impervious surface expansion of twenty-five (25) percent or greater, or would result in impervious surface reconstruction amounting to twenty-five (25) percent or greater, the requirements of Section 31-7(1) shall be applied only to the area where the expansion or reconstruction occurs This provision shall apply only when such improvements are not part of a structural remodeling, redevelopment, or reconstruction proposal SECTION III That Chapter 31 "Landscape" of the Code of Ordinances is hereby amended by revising subsection (2) of Section 31-5 entitled "Exclusions" to read as follows Sec 31-5 Exclusions. (2) The following areas shall be exempt from the provisions of this article a The Central Business District, amended as shown in Appendix A, b The Fry Street Development Corporation Boundary as shown in Appendix B, c The Denton Municipal Airport as shown in Appendix C, and d The Denton Municipal Landfill SECTION IV. That Chapter 31 "Landscape' of the Code of Ordinances is hereby amended by revising subsection (1)b, subsection (4), subsection (5), subsection (7)b of Section 31-6 Article II Tree and Landscape Provisions entitled "General Provisions" to read as follows ARTICLE II. TREE AND LAND PROVISIONS Sec 31-6 General Provisions (1) Tree Requirements Landscape Code Revisions Ordinance Page 2 b, Size All trees planted to satisfy the tree standards must be a minimum of three (3) inches in caliper measured six (6) inches from top of container (4) Tree Credits a Preservation of existing trees may be used to receive credit toward meeting the Tree Standard of 15 trees per acre, if the trees are healthy and without substantial damage or defect Tree credits shall be earned in the following increments DBH of Existing Tree Tree Credits 3 to 9 inches 1 0 g+ to 15 inches 1 5 15+ to 21 inches 20 21+ to 27 inches 25 27+ inches 30 Landmark Tree 50 (5) Landmark Trees Landmark Tree nominations will be prepared by the Director, during Landscape Plan review or after the evaluation of nomination proposals submitted to the Director Those specie with a minimum diameter of at least 75% of the listing in the most current publication of the Texas Forest Service Big Tree Rea/stry are eligible for Landmark Tree nomination If a tree eligible for Landmark nomination is so designated by the Director, the owner of the tree must either preserve the tree in accordance with Section 31-6(4)c of this article or provide replacement trees with a combined caliper in inches, measured six (6) inches above the top of container, equal to one-half (50%) of the diameter in inches, four and one-half (4%) feet above ground level of the designated Landmark Tree that is removed If a tree is designated as a landmark tree it shall be unlawful for an owner of the tree to fail to preserve the tree or fail to replace the tree within six (6) months of the time of the clearing or grading, as required by this article (7) Public Property a Construction Projects located within Public Rights -of -Way and Easements The area defined by project limit lines will be used to determine tree standard compliance Trees removed must be replaced in accordance with the table provided in this section If replacement trees cannot be planted within the project area, they must be planted within areas designated by the Director and consistent with city open space plans DBH of 6 to 12 inches 12+ to 24 Inches 24+ to 36 Inches 36+inches Tree Replacement Requirement 10 15 20 25 SECTION V That Chapter 31 "Landscape" of the Code of Ordinances is hereby amended by adding revised subsection (1) of Section 31-6 entitled "Maintenance" to read as follows (1) Maintenance Requirements a The property owner or his/her agent shall be responsible for the maintenance, repair and replacement of all preserved vegetation and landscaping plants and materials as may be required by the provisions of this article It shall be unlawful for a property owner or his/her agent to fail to Landscape Code Revisions Ordinance Page 3 maintain, repair, or replace any vegetation and landscaping plants or material that are required by this chapter Once the final Inspection has been completed for a single-family or duplex residential dwelling, the requirements of this article no longer apply SECTION A. That Chapter 31 "Landscape" of the Code of Ordinances is hereby amended by adding subsection (2)b of Section 31-9 entitled "Administrative Review and Permitting" to read as follows ARTICLE IV. ADMINISTRATION REVIEW AND PERMITTING Sec. 31-9 Administration, Review and Permitting (2) Alternative Compliance 1 Any property owner or developer may elect to submit an alternative landscape plan for City Council review and approval that fails to meet the requirements of this article, but in the opinion of the applicant, satisfies the spirit and intent of this article The Planning and Zoning Commission shall review the alternative plan and submit an advisory opinion to the City Council prior to City Council action SECTION Al. That Chapter 31 "Landscape" of the Code of Ordinances is hereby amended by revising Section 31-15, entitled "Selected Species List", by revising the "Large and Medium Trees" table and Accent / Small Trees and Large Shrubs" table to read as follows Sec 31-15 Selected Species List Large and Medium Trees Common Name Botanical Name Native I Hel ht & Width Caddo Maple Acer barbatum Caddo 1 60 x 40' BI tooth Maple Acer grandidentaturn Native 50 x 30 Texas Buckeye Aesculus ar uta Native 30' x 20' Chittamwocd Bumella lanu Inosa Native 40 x 30' Pecan Carya illlnocensis Native 80 x 60 Black Hickory Carya texana 60' x 50 Deodar Cedar Cadrus deodara 40 x 30 American Smoketree Colinus obovatus 30 x 20 Leyland Cypress Cu res ocyparls le landii 40 x 15 Arizona Cypress Cu ressus adzonlca 35 x 20 Texas Persimmon 01oapyrus lexana Native 30 x 20 Common Persimmon Dlospyrua vir Iniana 30 x 30 White Ash Fraxinus americans Native 60 x 50' Texas Ash Fraxlnus texensis Native 50 x 40 Thornless Hone locust Gleditsia tdancanthos mennis Native 80 x 60 Nogolito Ju lans microcar a Native 30' x 20 Black Walnut Ju lans nl ra Native 80 x 60 Red Cedar Junl Eros vi Iniana Native 40' x 10 Canaert Juniper Junt Eros vir Iniana Canaertii 30 x 20 Sweet Gum LI uldamber styraciflora cultivars Native 60 x 40 Osa a Oranas Madura mlfera'Park' Native 50' x 40 Fruitless White Mulberry Morus alba Fruitless' 35' x 40 Texas Mulber Morus rubre Native 40' x 40 Black Gum Nyasa a Ivatica Native 50 x 25 Afghan Pine Plnus eldadca 40' x 20 Austrian Pine Pinus NI ra 40 x 25 Chinese Pistache Plstachla chinesis 40 x 30 London Plane Tree Platanus acenfolla 50' x 35 Sycamore Platanus occidentalis cultivars 70 x 60 Cottonwood Po ulus deltoldea cultivare 80 x 40 Flowering Pear P ru8 calla ana Aristocrat 1 1 30 x 20 Landscape Code Revisions Ordinance Page 4 Sawtooth Oak Quercus accutisima 60 x 50 Escer ment Live Oak Quercus fusiformis Native 40 x 40 Lace Oak Quercus glaucoides Native 50 x 45' Bur Oak Quercus macrocar a Native 60 x 40 Chinquapin Oak Quercus muehienber n Native 60 x 40 Water Oak Quercus nl ra Native 50 x 40 Willow Oak Quercus phellos 60 x 30 Shumard Oak Quercus shumardll Native 70 x 50 Post Oak Quercus stellate Native 60 x 45 Texas Red Oak Quercus texana Native 30 x 30 Coastal Live Oak Quercus vl Iniana cultivars Native 50 x 50 Weeping Willow Sailx babylonIca 40 x 30 Western Soa be Sa Indus sa onaris v Drummondi" Native 30 x 20 Bald C rase Taxodium distichum 60 x 30 Little leaf Linden Tilla oordata 60 x 40 Winged Elm Ulmus slats Native 35 x 40 American Elm Ulmus americans Native 70 x 70' Cedar Elm Ulmus crassdolla Native 50 x 40 Lacebark Elm Ulmus arvifolia 50 x 35 Slippery a Elm Ulmua rubs Native 70 x 60 Accent I Small Trees and Large Shrubs Common Name Botanical Name Native I Hel ht & Width Roemer Acacia Acacia roemenana 1 15 x 15 Wright Acacia Acacia wri htll Native 15 x 15 Japanese Maple Acer palmaturn cultivars 15' x 10' Scarlet Buckeye Aesculua pavis Native 25 x 20 Texas Madrone Arbutus xalafensis Native 25 x 20 Lemon Botdebrush Callistemon dhinus 15 x 15 MeDina Bottiebrush Callistemon viminalis 20 x 15' Netleaf Hackberry Celtic reticulate Native 25' x 25 Little -leaf Palo Verde Cercidium micro h llum 12 x 15 Redbud Cercia canadensis cultivars Native 25 x 20 Oklahoma Redbud Cards canadensis texensis 'Oklahoma' Native 20 x 15 Forest Pansy Redbud Cards canadensis Forest Pansy 20 x 15' Texas Redbud Garcia canadensts texensis Native 25 x 20 Desert Willow Chilo sis lineads Native 20 x 15 Texas Persimmon Dlospyros texana Native 25 x 20 KidnerNood E eenhardtia polystachya Native 20 x 12 Fragrant Ash Fraxinus cue (data Native 15 x 10 Nellie R Stevens Holly Ilex a ulfolium'Nellie R Stevens' 20' x 15 Burford Holly Ilex oomuta Burfordi 20 x 15 Possumhaw Holly Ilex decidua Native 15 x 10 Yau on Holly Ilex vomitoria cultivars Native I varies WeepIna Yau on Ilex vomitorla Pendula 12 x 8 Foster Holly #2 Ilex x attenuate Fosted #2 25 x 15 Ashe Juniper Junl erus ashel Native 25 x 15 Rocky Mountain Juniper Junl eras sco ulorum 30 x 15 Goldenrsin Tree Koelreuterua paniculata 25' x 15 Crepe Myrtle La erstroemla Indlca cultivars 15 x 10 Flowering Crabapple Malus hybrids cultivars 20 x 20 Southern Wax Myrtle M rica cerifera Native 15 x 10 Red Tip Photinla Photinla frased 20 x 15 Chinese PhotInia Photlnla serrulata 20 x 15 Ja anese Black Pine Pinus thunber II 30 x 30 Texas Pistache Pletada chlnensls Native 20 x 15 Carolina Cherry Laurel Prunus caroliniana 1 25 x 15 Mexican Plum Prunus mexicana Native 25 x 25 Flatwoods Plum Prunus umbellate 15 x 10 Carolina Buckthorn Rhamnus carollnlana Native 20' x 15' Smooth Sumac Rhus glabra Native 15' x 10' Flame -leaf Sumac Rhus lanceolata Native 20 x 15 Eves Necklace Tree So hors af8nis Native 20 x 15' Texas Mountain Laurel So hora secundl8ora 15 x 10 Landscape Code Revisions Ordinance Page 5 Mexlcan Bucke a Un nadia s eclosa Native 20 x 20 Rusty Blackhaw I Viburnum rulidulum Native 25 x 20 Vltex I Vitex a nuscastus Native 1 15 x 20 SECTION Vill, That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $500 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION IX. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity SECTION X That all provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and effect SECTION XI. That this ordinance shall become effective fourteen (14) days from its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record - Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the Aay of f/�, 1998 JACK 69ER, MAYOR ` ATTEST JENNIFER WALTERS, CITY SECRETARY BY k APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY / l Landscape Code Revisions Ordinance Page 6