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Home My WebLink About1998-396ORDINANCE NO.98- s / / ( 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 Definitions. 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 SECTI N II 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 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 Landscape Code Revisions Ordinance Page 1 ands 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 See. 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 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 Existno Tree Tree Credits 3 to 9 inches 1 0 9+ 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 Bic Tree Regrstry 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 fall 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 Existing Tree 6 to 12 inches 12+ to 24 inches 24+ to 36 Inches 36+inches Tree Replacement RRe uirement 10 15 20 25 SECTIQN V That Chapter 31 "Landscape" of the Code of Ordinances is hereby amended by adding revised subsection (1) of Section 31-8 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 SECTT 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 i- :o. :._ 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 Vill, 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 ommon Name Botanical Name Native Hel ht & Width add0 Ma le Ater barbatum 'Caddo' 80 x 40' I tooth Maple Acer grandidentaturn Native 50' x 30' Texas Buckeye Aesculus ar uts Native 30' x 20' hittamwood Sumella lanu inosa Native 40' x 30' eoan Carya lllinooensis Native 80 x 60' lack Hickory Carya taxers 60 x 50 ecdar Cedar Cedrus deodara 40 x 30 American Smoketree Cotlnus obovatus 30' x 20' land Cypress Cu ressa arts le landu 40 x 15 Oe dzona C rees Cu reeaus arizonica 35 x 20' Texas Persimmon Diospyrus taxers Native 30 x 20 Common Persimmon Dlospyrus virglniana 30 x 30 White Ash Fraxinus americans Native 60 x 50' exas Ash Fraxlnus texensis Native 50 x 40 hornless Hone locust Gledltsla trlancenthos Inermis Native 80 x 60' 0 olito Ju lane microcar a Native 30' x 20' lack Walnut Ju lane nl ra Native 80 x 60 ed Cedar Junl erus vir Iniana Native 40 x 10 enaert Juniper Junl erus vir iniana'Canaertii 30' x 20' Gum LI uldamber s racl8ora cultivars Native 60 x 40 sae Oran a PPs Madura pornifera'Park Native 50 x 40 Fruitless White Mulberry Morus alba'Fruitless 35 x 40 Texas Mulberry Morus rubra Native 40' x 40' Gum Nyasa s Ivatica Native 50 x 25' RIso' f —ha n Pine Plnus eldadca 40' x 20' Austrian Pine Plnus NI ra 40 x 25 Chinese Pistache Platachla chinesis 40' x 30' ondon Plane Tree Platanus acedfolia 50 x 35 sycamore Platanus occidentalls cultivars 70 x 60 Cottonwood Po ulus deltoides cultivars 80 x 40 Flowering Pear P rus calleryana Aristocrat' 1 1 30' x 20' Landscape Code Revisions Ordinance Page 4 S wtooth Oak Querous accutisima 60' x 50' Escarpment Live Oak Quercus fusiformis Native 40 x 40 L ce Oak Quercus lauooldes Native 50 x 45' Bur Oak Quercus macrocar a Native 60 x 40 Chinquapin Oak Quercus muehlenbergli Native 60 x 40' Water Oak Quercus nl ra Native 50 x 40 Illow Oak Quercus hellos 60 x 30' S umard Oak Quercus shumardli 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 vir inlana cultivars Native 50' x 50' Wee In Willow Salix bab lonlca 40 x 30 extern Soe ber Sa locus sa onaris v Drummondll Native 30 x 20' Said Cypress Taxodlum distichum 60' x 30' Little -leaf Linden Tills oordata 60' x 40' In ed Elm Ulmus slate Native 35 x 40 mericen Elm Ulmus americans Native 70 x 70 Cedar Elm Ulmus crassifolia Native 50 x 40 Lacebark Elm Ulmus parvifolla 50 x 35' Slippery Elm I Uimua rubra Native 70 x 60 Accent / Small Trees and Large Shrubs Common Name Botanical Name Native I Height & Width Roemer Acacia Acacia roemeriana 15' x 15' Wright Acacia Acacia wrl htll Native 15 x 15 Japanese Maple Acer palmaturn cultivars 15' x 10' Scarlet Buckeye Aesculua Davis Native 25 x 20 Texas Madrone Arbutus xalafensls Native 25' x 20 Lemon Boltlebrush Calllstemon citrinus 15 x 15 Weeolno Botuebrush Calllstemon vlminalis 20 x 15 NN ea"ackberry Celtic reticulate Native 25 x 25 Ittle-leaf Palo Verde Cercldlum micro h Ilum 12 x 15 Redbud Cercls canadensls cultivars Native 2V x 20 Oklahoma Redbud Cards canadensis texensls Oklahoma' Native 20 x 15 Forest Pansy Redbud Carols canadensis'Forest Pansy 20 x 15 Texas Redbud Cards canadensis texensis Native 25' x 20' Desert Willow Chilo sis Ilnearis Native 20' x 15' Texas Persimmon Diospyros texana Native 25 x 20' Rldnevwood E senhardtia polystachya Native 20' x 12' Fragrant Ash Frexinus cue idata Native 15 x 10 Nellie R Stevens Holly Ilex a ulfollum'Nellle R Stevens 20' x 15 urford Hoil Ilex cornula Burfordi' 20 x 75 ossumhaw Holly Ilex decldua Native 15 x 10 Yau on Holly Ilex vomitorla cultivars Native varles WeeDina Yau on Ilex vomltorla Penduls 12 x 8 Dater Holl #2 Ilex x attenuate Foaten #2 25 x 15' She Junl er Junl erus ashes Native 1 25 x 15 Rocky Mountain Juniper Junl erus sco uiorum 30' x 15' oldenraln Tree Koelreuterua paniculata 25 x 15 ra e M rtle La erstroemla Indies cultivars 15' x 10' Ir wedn Crabapple Malus hybrids cultivars 20' x 20' Southern Wax Myrtle M rica cerlfera Native 15 x 10' Red Tlo Photlnla Photlnla frasen 20 x 15 Chinese Photlnla Photlnla serrulata 20 x 15 Japanese Black Pine Pinua thunber h 30' x 30' Texas Pistache Pistacia chinensis Native 20 x 15 Carolina Cherry Laurel Prunus caroliniana 25 x 15 Mexican Plum Prunus mexicana Native 25 x 25 Flatwoods Plum Primus umbellate 15 x 10 Carolina Buckthorn Rhamnus carolinlana Native 20 x 15 month Sumac Rhus labra Native 15' x 10 lame -leaf Sumac Rhus lanceolata Native 20' x 15' ves Necklace Tree So hore affinis Native 20 x 15 Texas Mountain Laurel So hore secundl8ora 15 x 10 Landscape Code Revisions Ordinance Page 5 Mexican Buckeye 1 Un nadla s eclosa Native 1 20 x 20 Rpsty Blackhaw I Vibumum ruf WI= Native I 25' x 20' V tex I Vitex a nusoastus Native I 15' x 20' SECTIQN 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 SECTIQN 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 SECTIQN 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 L day of / r// /�ak 1998 JACK 69ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY [A � APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY .0 ] J an4 Landscape Code Revisions Ordinance Page 6