1998-100 N0~fE Amended by Ordznance No 98-396
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 ICITY 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 C~ty Council for the C~ty of Denton, Texas has determined that the continued
growth of the C~ty of Denton ts straining the ecological and esthetic environments of the C~ty of Denton,
and,
WHEREAS, the C~ty Council for the C~ty of Denton, Texas finds that growth, clear cuthng, mass
grading, ai3d the ~ncrease of ~mperv~ous surface land coverage continues to d~m~msh the forests, trees and
natural conditions of the C~ty of Denton, and,
WHEREAS, the C~ty Council finds that ~t ~s ~n the public ~nterest to ~nsure that new developments ~n
the C~ty of Denton will help preservation, protection and enhancement of the ecological and esthetic
environments of the C~ty, and,
WHEREAS, the C~ty Council finds that the current landscaping, screemng and tree preservation
ordinance,codified ~n chapter 31 of the Code of Ordinances, C~ty 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repealed, and,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 C~ty Council recogmzes that the estabhshment of new rules and regulabons for
mandatory tree requirements, mandatory planting areas ~n developments, hm~ts of grading, landscaping,
and tree preservation ~s necessary and in the interest of the pubhc welfare, and that an effective method to
prowde for the same ~s the adoption of a new landscape ordinance rules and regulabons and state law,
and,
WHEREAS, the C~ty Council has conducted a pubhc heanng on the proposed regulations
contained hereto, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTIONI That the "Landscap~ng, Screenlng and Tree Preservabon " Chapter 31 ofthe Codeofthe
C~ty of Denton, Texas, be and the same Is hereby amended by the repeal of Chapter 31 of the Code of the
City of Dehton, Texas, and,
Landscape Code Page 1
Ordinance 98 t00
~ That of the Code of the C~ty of Denton, Texas, be and the same ~s hereby amended by
the adoption of a new Chapter 31 of the Code of the Cty of Denton, Texas, entitled 'Landscape ", so that
hereafter sa~d chapter shall be and read, as follows
ARTICLE I. IN GENERAL
Sec 31-1 Short Title
Th~s chapter shall be known and may be c~ted as the Denton Landscape Code
Sec 31-2 Statement of Purpose.
The ~ntent of th~s artmle ~s to promote the ~mmed~ate and long-term pubhc health, safety, economic
stabihty and general welfare by estabhsh~ng and managing the C~ty's urban tree canopy coverage
Th~s article ~s Intended to promote the following general purposes
(1) Praservat~on, protecbon, and enhancement of the ecological and aesthetm attributes of the
City
(2) Ecological stabihzat~on through urban forest management that contnbutes to the processes of
a~r puriflcat~on, oxygen regeneration, ground water recharge, storm water runoff retardation,
and promotes energy efficiency and water conservation, thereby abating no~se, heat and
glare
(3) Protection, preservation and advancement of the urban forest's appearance, character and
value that includes all properties w~thln the commumty, and that contnbutes to a strong sense
of neighborhood, commumty, and quahty of hfe
(4) Protecbon and preservation of native and specimen vegetative species, their ecosystems and
natural habitats and preventing damage to and unnecessary removal of vegetation dunng the
land development and construction processes
(5) Acknowledgement that trees and landscaping add value to property, protect pubhc and pnvate
, ~nvestment to the general benefit of the City and ~ts residents
(6) More specifically, this arbcle ~s ~ntended to
a Protect water resources, flood plains, enwronmental quality, and the natural and man-
made physical and wsual quality of the City
b Mit~gate the effects of ~mperv~ous surface land coverage by structures and pawng that
tend to Increase ambient a~r 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 s~tes, and by providing cluster development incentives
d Promote native plant species preservation and replemshment, and encourage the use of
drought tolerant and Iow water usage vegetation
e Provide ~ncentlves for tree preservation
f Protect and provide wildlife habitats
g Require landscaping and screemng to promote land use compat~blhty and ~mproved
aesthetic quahty
h Promote sell 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 Deflmtions
Clearing An ~ntent~onal 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 d~e Cleanng ~s
defined to include, but not be limited to, chemical, phymcal, compaction, or grading damage
Clear-cutbng ~s a clearing activity conducted over an entire lot
Critical Root Zone A c~mular 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
cribcal root zone ~s measured as one foot of radial distance outward from the trunk for every ~nch
of tree DBH, and may be no less than a radius of e~ght (8) feet
DBH D~ameter-at-breast-he~ght (DBH) ~s the tree trunk d~ameter measured ~n ~nches at a height
of 4 5 feet above ground level If a tree splits ~nto mulbple trunks below the 4Y2 feet level, DBH w~ll
be defined as the sum of each indlwdual trunk measured at 4% feet above ground level, or the
single trunk at its most narrow d~mension, 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 I~ne extending from the
outermost edges of the tree branches to the ground
Erosion The detachment and movement of so~l or rock fragments, or the weanng away of the
land surface by water, w~nd, ice, or gravity
Grading The mechamcal or physical act of d~sturb~ng, mowng, remowng, transfernng, or
redistributing so~l or earthen surfaces
Gross Lot Area An area under public or private property ownership, whose lot hnes are
described by plat or deed
Ground Cover Low growing plants, wnes, or grasses that form dense, extensive growth, and
have a positive effect against soil erosion and so~l moisture loss
In, pervious Surface A surface that has been compacted or covered w~th a layer of mater~al so
that it ts highly resistant to mflltretion by water
Inrfustrlal Property Properties developed w~th land uses described ~n the 1987 STANDARD
II~pUSTRIAL CLASSIFICATION MANUAL. pubhshed by the Execubve Office of the Premdent,
Office of Management and Budget, w~th~n the following categories Manufactunng (D~vis~on D) or
Terminal and Joint Terminal Maintenance Fac~hbes for Motor Freight Transportation (D~ws~on E,
Major Group 42, Industry Group No 423)
Llrnlts of Clearing and Grading The boundaries of that area of land ~denbfied ~n a landscape
plan to be subJect to soil d~sturbance or cleared of trees and other vegetabon ~n conjuncbon w~th a
proposed development or land use
Live Plant Materials "L~ve" plant material, including grasses, annuals, perenmals, bulbs,
groundcover, shrubs, and trees are botamcal plants that are nourished through the processes of
air, water, and so~l nutrients Plant matenals such as, plastic, fibrous, slik or other non-hve
materials are not considered "l~ve" plant materials
Monarch Tree A tree that has been determined to be of unique commumty value because of ~ts
s~Ze, specie, age, form, h~stoncal s~gnlflcance, or other umque characteristics A Monarch Tree ~s
specifically protected from removal upon designation
Landscape Code Page 3
Ordlnanca 98.100
Ocltdoor Storage Area Any area that contains trash collecbon areas or dumpster refuse
containers, outdoor Ioad[ng and unloading spaces, docks or outdoor sh~pp~ng and rece~wng 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 ~nspecbon stations Temporary
construcbon and related acbv~t~es are excluded from th~s deflmtlon
Permanent Tree Protection Devices Structural measures, such as reta~mng walls or aerabon
dewces, that are designed to protect the tree and ~ts reot systems throughout ~ts hfebme
Planting Area An outdoor area, the surface of which may not be covered by ~mperv~ous 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 m height, ~nstalled
prior to construcbon for the purpose of preventtng damage to trees Such dewces ~nclude snow
fencing, chain hnk fence, barbed w~re fence, v~nyl construction fencing or other similar temporary
barrier, may be no less than four feet ~n height, and non-~ntrus~ve to the tree cnbcal root zone
Tree Topping The severe cutting back of hmbs to stubs larger than three ~nches ~n d~ameter
w~th~n the tree's crown to such a degree that removal of the top canopy disfigures and ~nv~tes
probable disease to the tree
Vegetation All plant hfe, however, for purposes of th~s chapter shall be restricted to mean trees,
shrubs, ground cover, and vines with the excepbon of state and federally protected or endangered
vegetabve species which ~n ail 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 parklng 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 Apphcabllity.
I[1) All property located within the c~ty hm~ts of the City of Denton ~s subject to the prows~ons of th~s
arbcle Cleanng and grading permits shall be required for all property prior to the
commencement of cleanng and grading act~wty Complete and accepted tree inventory plans
shall be required pnor to preliminary plat approval Approved landscape plans, which may
also demonstrate satisfactory cleanng and grading requirements shall be required prior to final
plat approval Approved plot plans shall be required prior to ~ssuance of building permits, and
inspected for compliance prior to final [nspecbon and/or issuance of the certificate of
occupancy
,[2) The requirements of this chapter will cease to be m effect upon the satisfactory completion of
the final ~nspection for s~ngle-fam~ly and duplex residential dwellings For any other land uses,
prewously platted lots shall be subject to the provisions of th~s chapter when one of the
following occurs
a Remodehng or redevelopment ~s proposed that would expand ex~sbng 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) ~mprovements are proposed, which would result
in an imperwous surface expanmon of twenty-five (25) percent or greater, or would result
in ~mperv~ous surface reconstruction amounbng to twenty-five (25) percent or greater
Landscape Code Page 4
Ordinance 98.100
Sec. 31-5 Exclusions.
(1) Property being acbvely used for agricultural, ranching, or hvestock producbon and serves as
the source of primary income for the owner/lessee ~s exempt from the prows~ons of th~s article
A clearing and grading permit must be submitted, w~thout charge to the apphcant, to serve as
declarebon of exemption from th~s article Property idenbfled ~n the permit ~s excluded from
any other land uses, other than those defined ~n th~s section, for a per~od of no less than 5
years from the date of ~ssuance of the cleanng and grading permit
(2) The Denton Municipal A~rport (Appendix C) and the Fry Street Development Corporation
Boundary (Appendix B) are exempt from the prows~ons of th~s ordinance The Amended
Central Bus~ness Overlay District (Appendix A) shall be exempt from the new planbng
prcv~s~ons of this ordinance
(3)I Single-family homeowners may cta~m an exemption from the prows~ons of th~s arhcle ~f they
verify their status as the owner or contract vendee of the property before the final inspecbon ~s
completed, and verify ~n 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 rabo 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 reho 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 ~s less
b $1~e All trees planted to satisfy the tree standards must be a m~n~mum of three (3) ~nches
in d~ameter at breast height (DBH)
c Soecie All trees planted to meet the requirements of th~s secbon must be hsted on the
Selected Species List No trees with a maximum mature height of twenty-five (25) feet or
greater may be planted w~th~n twenty-five (25) feet, measured honzontally, from the
nearest overhead utihty line
d Species D~verslty The following Species Diversity Requirements shall apply to all
Landscape Plans, but shall not be used to I~m~t ehg~bihty for tree credits
Number of Required Maximum Percentage
Site Trees of Any One Soec~e~
10-19 50%
2O-39 35%
40-59 25%
60+ 15%
e Tree Selecbon At least 50 percent of the total tree requirement for the property shall be
Large and Medium Trees as specified ~n Sec 31-15, Selected Species L~st The
remaining trees may be any s~ze tree as specified ~n Sec 31-15, Selected Species L~st
Landscape Code Page 5
Ordinance 98.t00
(2) Land Requirements
a Plantma Area All property shall reserve as planbng area a m~mmum of twenty (20)
percent of gross lot area
b L~rnlt~ of Clearln<~ and Grad~n(] The hmlts of clearing and grading shall be designated on
the approved landscape plan prior to commencement of any construcbon act~wty The
hm~ts of clearing and gred~ng shall designate the outermost edge of the area w~th~n which
the ex~sbng topography ~s to be altered by cutting, fllhng, and vegetabon removal In
evaluating the L~m~ts of Cleanng and Grading, the Development Review Committee shall
determine that reasonable construcbon design prmctples, practices, and installation
techniques have been employed to mlmm~ze areas subjected to d~sturbance The extent
of land d~sturbance shall be m~mmlzed, and shall accommodate only the following
activities
(1) Street construction and necessary slope construcbon However, such cleanng shall
meet the criteria of the C~ty
(2) Pubhc service or ut~hty easements and r~ghts-of-way Th~s shall ~nclude areas for
ubl~ty hne mstallabon w~th any temporary construcbon easements necessary for such
~nstallat~on and easements for maintenance access These easements shall not be
cleared prior to actual hne tnstallatlon Temporary construction easements shall be
located to m~mm~ze soil d~sturbance and tree removal
(3) Building roof coverage area and ancillary structures, such as covered pabos and
porches, plus up to 10 feet on all sides for construcbon acbwty
(4) Driveways, alleys, walkways, parking lots, and other land area necessary to the
~nstallabon of the proposed development or use Other necessary land area may
~nclude area for tennis courts, swimming pools, and related structures and uses
(5) Area for septic field as required by the Ubhty Department Th~s shall not ~nclude area
necessary for reserve lines unbl such t~me as the reserve hnes must be ~nstalled
(6) Sediment bas~ns Only the area necessary for the construction of the dam, the area m
which sediment w~ll 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 mimmlze 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 construcbon 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 d~es as a result of the depos~bon of
sediment and/or debris shall be removed by the property owner
(8) Other types of construction, or land activity associated w~th construcbon, not hsted ~n
~tems 1 through 7 (above), that are necessary for the reasonable completion of the
project
Landscape Code Page 6
Ordinance 9a.,IOO
(4) Tree Credits
a Preservabon of ex~shng trees may be used to receive credit toward meebng the Tree
Standard of 15 trees per acre, ~f the trees are healthy and w~thout substantial damage or
defect Tree credits shall be earned ~n the following ~ncrements
DBH of Ex~sflna Tree Tree Credits
6 to 12 Inches 1 0
12+ to 24 inches 1 5
24+ to 36 inches 2 0
36+ ~nches 2 5
b Tree credits may not be earned for preservation of ex~st~ng 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 restncbve covenant or
other legal Instrument considered sahsfactory by the C~ty Attorney
c Tree Credit Protecbon Measures Tree credits w~ll not be permitted unless temporary tree
protection devices are ~nstalled at least to the hm~t of the cnbcal root zone or the dnphne,
whmhever ~s greater, during construction act~wty The following act~v~bes shall be
prohibited w~th~n the hmlts of the cnticai root zone or dnphne 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 ehm~nated as a credited
tree Tree topping ~s prohibited for trees preserved for credit
(2) Equipment Cleaning and L~qu~d D~sposal No equipment shall be cleaned or other
hqulds deposited or allowed to flow overland within the hm~ts of the critical root zone of
a protected or monarch tree Th~s 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 hm~ts of the
critical root zone of any protected tree unless adequate construction methods are
approved by the Director of Planmng and Development
(4) Impervious Paving No pawng with asphalt, concrete or other ~mperv~ous matenals ~n
a manner which may reasonably be expected to k~ll a tree shall be placed w~th~n the
limits of the critical root zone of a protected tree, unless otherwise specified w~thln th~s
article
(5) Material Storage No materials intended for use In construcbon or waste materials
accumulated due to excavation or demoht~on shall be placed w~thm the hm~ts of the
critical root zone of any protected tree
(6) Tree Attachments No s~gns, w~res, 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 ex~sbng street
pavement Th~s restnctlon does not apply to single inc~dent access w~th~n the critical root zone for
pL~rposes of cleanng underbrush, estabhsh~ng the building pad and associated lot grading,
vehicular access necessary for routine ubhty maintenance or emergency restorabon of uflhty
service or routine mowing operations
Landscape Code Page 7
Ordinance 98 t00
(5) Monarch Trees
Monarch Tree nominations w~ll be prepared by the D~rector, dunng Landscape Plan rewew or
after the evaluation of nomination proposals submitted to the D~rector Those specie w~th a
m~ntmum d~ameter ~dent~fied in the Selected Species L~st (Section 31-15) w~ll be ehg~ble for
Monarch Tree nom~nabon Any other tree specie w~th a m~mmum d~ameter of at least 75% of
the listing ~n the most current pubhcat~on of the Texas Forest Service B/o Tree Reolstrv are
also ehgible for Monarch Tree nomination The owner of the property where the nominated
tree ~s located may conf~rm the designation ~n writing If ~n d~sagreement, the property owner
may appeal the nomination to the C~ty Planning and Zomng Commission, where rewew and
final decision w~ll be made Upon designation, removal of a Monarch Tree shall be prohibited
unless permitted by the D~rector for reasons of disease or damage
{6) Residential Subdivisions
a Residential subd~wsions 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 enbre subdIws~on
b If a residential subd~v~sion achmves an average of 30 or more trees per acre by reserving
open space to be dedicated to the City, including land required by the C~ty's park
dedication ordinance, or to be maintained by a homeowners' association, m~nlmum lot s~ze
may be reduced by ten (10) percent in order to reahze the maximum density allowed
within the zomng d~str~ct
(7) Public Property
a Alt lands owned as ind~wdual lots by governmental entities are subject to the provisions of
th~s arbcle to the extent allowed by law The C~ty of Denton appreciates the partm~pat~on
of federal, state, county, and other junsd~ct~ons in the management of the City's tree cover
b Construction Projects located w~th~n Pubhc R~ghts-of-Way and Easements The area
defined by project hm~t lines w~ll be used to determine tree standard comphance Trees
removed must be replaced on the same bas~s used to calculate tree credits If
replacement trees cannot be planted w~th~n the project area, they must be planted w~th~n
areas designated by the Director and consistent with city open space plans
(8) Functional Requirements
a V~ew Obstructions All landscaping, trees and screemng dewces required by this article
shall be constructed, ~nstalled and maintained so as not to obstruct the v~ew of motorists
between the street and the access drives and parking a~sles 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 Barners All planting areas, ~nclud~ng critical root zones around trees and those
used for parking lot screening and ~ntenor landscaping areas, which abut any parking lot
or vehicular area shall be protected w~th curbs, parking blocks or s~mtlar barriers sufficient
to protect vegetation from vehicular ~ntruslon
c Plant and Planbno Quahtv Conformance All plant materials, ~nclud~ng replacement trees,
shall be specified and planted w~th plants using the standards of the most recently
pubhshed version of the American Standards for Nursery Stock, by the American
Association of Nurserymen All plants shall be clearly tagged by the prowdlng nursery for
easy ~nspect~on w~th the Botanical Name All landscaping shall be ~nstalled according to
sound horticultural practices, in a manner designed to encourage qu~ck establishment and
healthy growth
Landscape Code Page 8
Ordinance 98-100
d Stocko~hno. Topsoil that ~s removed during construcbon shall be stored ons~te and
conserved for later use In required planbng areas
ARTICLE III. LANDSCAPE REQUIREMENTS
Sec 31-7 Specific Landscape Area Requirements
(1) Parking Lot Screening and Landscaping
a Perimeter Screemnc~ Any parking lot or porbon thereof that ~s ws~ble from the pubhc r~ght
of way and contains 10 parking spaces or more shall prowde perimeter screemng The
penmeter of each parking lot, excluding driveways, which fronts upon or ~s adJacent to a
public street other than a pubhc alley shall be prowded w~th shrub screemng with a
m~mmum mature height of thlrty-s~x (36) inches and ~nstallabon height of e~ghteen (18)
;nches or greater, and spaced no more than twenty-four (24) roches apart, edge to edge
Alternabve shrub spacing may be used, w~th the approval of the Development Review
Committee, when ~t can be shown that the selected shrub species growth pattern differs
s~gnlficantly from the spacing requirements of th~s ordinance The use of berms and
planter walls w~ll be allowed to contribute to lnstallabon and mature height requirements
The slope of any earthen berm shall not exceed one foot of height for each three feet ~n
w~dth
b ~E~iJ;Lr~3g Any parking lot or port,on thereof which ~s constructed and contains
forty (40) parking spaces or more shall prowde permanently landscaped areas consisting
of ~slands, pemnsulas, medians or adjacent planbng areas One canopy tree shall be
prowded for every fifteen (15) parking spaces, and one shrub will be required for every five
(5) park;ng spaces At least fifty (50) square feet of planting area shall be prowded for
each required tree, and no parking space shall be located more than fifty (50) feet from the
trunk of a tree All ~nter~or landscaped areas shall be covered by trees, shrubs, or ground
cover
c C0r~Dhance w~th Tree and Land Reou~rements The trees or planbng areas used to
comply with the park;ng lot screemng and landscaping requirements contained m this
section may also be used to demonstrate comphance w~th the 15 trees per acre standard
and the 20 percent planbng area lot requirements contained ~n th~s chapter
d D~str~bution of Landscaoed 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 s~ze of the parking lot, the location of
ex~sfing trees or other natural constraints reasonably prevent such d~str~bubon
e c S e s Vehicular surface areas (VSA) must comply with the
requirements of th~s secbon Per~meter screemng ~s required as ~nd~cated ~n Secbon 31-
7(a)1 Interior landscaping requirements shall be met by prowd~ng 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 d~str~buted throughout the VSA
(2) Outdoor Storage Area Screening
a Any outdoor storage area, or port~on thereof, must be screened from pubhc r~ghts-of-way
using hve evergreen screemng plants, s~x (6) feet ~n height at ~nstallabon, spaced no more
than e~ghteen (18) ~nches apart, edge to edge
Landscape Code Page 9
Ordinance 98.t00
b A fence or wall may also be used for outdoor storage area screemng, provtded it is at least
s~x (6) feet tall, opaque, and of masonry, stone, or wooden material, or of the same
material as that of the principal budding Dumpster enclosure opemngs may not face
pubhc rights-of-way unless they are gated
(3) Bufferyards
a Bufferyards shall be reqmred under the following conditions
(1) Mulb-famdy uses shall buffer when adjacent to s~ngle famdy or attached housing uses
(2) Commem~al uses shall buffer when adjacent to smgle-famdy, 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 w~th~n required yards, as specified in
Secbon 35-91 of the C~ty Code, to buffer adjacent land uses Trees or plants used ~n
required yards may be used to demonstrate comphance w~th other secbons ~n th~s arbcle
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 prows~ons of th~s article Once the final ~nspect~on has been completed for
a stngle-famdy or duplex res~denbal dwelhng, the requirements of th~s article no longer
apply
b All plant matenal and planting areas shall be tended and maintained ~n a healthy growing
cond*fion, replaced when necessary and kept free of refuse and debris
c Fences, walls, gates and any other outdoor structures shall be ma~nta;ned ~n good repair
Openings w~th~n the barriers may be required by the D~rector for access~bd~ty to an area for
necessary pubhc maintenance
(2) Irrigation
Irngabon ~s not required to demonstrate comphance w~th the requ;rements of th~s chapter for
;nd~wdual s~ngle-famdy residences S~ngle-famdy res~denbal planned developments w~th
communal open space within planned development or s~ngle-famdy subdw~s~ons w;th
communal open space maintained by CC&R's or a homeowner's association are required to
provide underground automabc ~rngabon All uses, other than ~nd~v~dual s~ngle-fam~ly
residences, are required to prowde underground automabc ~rngabon ~n all planbng areas
Areas w~thm the property that are left ~n undisturbed nabve habitats are not required to prowde
automabc ~rngat~on Imgat~on ~s required to cover planted areas w;th~n the rights-of-way
adjacent to the property Proper watenng ~s cnbcal to plant survival, particularly during the first
three years after tree or plant ~nstallabon W~th the excepbon of ~nd~wdual s~ngle-famdy
residences, trees or plante required as part of an approved Landscape Plan, must be replaced
if they become d~seased, damaged, or d~e
Underground ~rrigabon shall meet the following criteria
Landscape Code Page 10
Ordinance 98-100
a Irrigation must meet water conservation methods as estabhshed for ~rngahon systems and
must use
(1) Automabc ~rngatton control boxes that are programmable for seasonable weather
conditions
(2) Sensors that slut off system ~rngabon during rain and freeze events
(3) Low preclp~tatl )n, water conserving irrigation heads ~n lawn and slope cond~hons
(4) Use of drip or i~ressure compensabon tubing ~rngation systems in planting beds
(5) Use of flat irrl ~t~on heads under shrubs ~n slope cond~bons ~s allowed
(6) Use of tree lahon ~n planting beds that allows and plans for future growth of the root
system
(7) Use of under ound irngabon technology that reinforces water conservation
b Use of non-wate~ ;onservlng rotary heads, spray r~sers and any spray head which ~s not
designed as a Iow precipitabon rate head ~s prohibited
c It ~s a penalty of th s ordinance to allow uncontrolled water emissions
d Irrigation systems ~ust be ma~ntatned m good operabng cond~bon at all t~mes
ARTICLE IV. ADlg INISTRATION REVIEW AND PERMITTING
Sec. 31-9 Administrationt Review and Permitting.
/
(1) Plan Submissions /
/
a Tree Inventorv Pldn
After the effect~veldate of thts ordinance, no prohm~nary plat may be approved w~thout the
subm;ss~on and ;~cceptance of a tree ~nventory plan The tree ~nventory plan shall
delineate s~te tree: ~ by type, s~ze and species An inventory map shall delineate tree cover
by identlfy;ng all .~ lands of trees w~th s;m~lar charactensbcs, such as specie, and defined
as areas which ~n( lude the outer perimeter of the dnpt~ne of ~nd~v~dual trees Notabon shall
be included ~nd~¢abng the range of height and DBH of trees w~th~n the areas, the
predominant spe(~es w~thln the areas, and the general appearance of the trees w~th
regard to health
b Landscaoe Plan
The owner of any )roperty to which th~s arbcle applies shall submit a landscape plan ~n the
form and manne~ specified by the Planning and Development Department before the
approval of the f,~al plat This plan can be combined w~th the tree ~nventory plan The
landscape p~an si* all contain suffic;ent detail, as specified by the department, to show the
following
(1) The Iocabon of all ex~st~ng or proposed subdivision ~mprovements, buildings and
~mperv~ous si daces, res~denhal subd~ws~on landscape plans may substitute hm~ts of
cleanng and grading designations for ~nd~wdual lots ~nstead of detailed bu;Id;ng
location and 3ervious surface ~nformahon unbl the bme that a plot plan ~s required,
Landscape Code Page 11
Ordinance 98-~1 O0
(2) The hm~ts of cleanng and grading proposed for the project,
(3) The location, size, species, and health of all ex~sbng trees intended to be used for tree
credit purposes, including tree credit calculabons and the methods proposed to
comply w~th preservation requirements,
(4) The location, s~ze, and species of all new trees required to meet the Tree Standard of
15 trees per acre, ~nclud~ng the calculations that show how ex~shng and new trees w~ll
comply w~th 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 planhng areas, the illustret~on of tree canopies as 50-feet w~de
radius circles,
(6) When the property is required to prowde screening for outdoor storage areas, the
location and specification of screening materials,
(7) When the property is required to prowde bufferyards, the Iocahon and spec~ficahon of
bufferyard materials,
(8) The location of topsoil storage areas,
(9) Identlfmat~on of any trees ehglble for Monarch Tree nomination and
(10)Such other ~nformatlon, as specified by the department, as may be reasonably
necessary to administer and enforce the prows~ons of th~s article
c Irnaabon Plan
The owner of any property to which th~s article applies shall submit a ~rngat~on plan ~n the
form and manner specified by the Planmng and Development Department before the
approval of the final plat The ~rngat~on plan shall contain sufficient detail, as specified by
the department, to show the follow~ng
(1) Layout ofthe Jrngabon plan
(2) Irrigation method(s) description w~th product specifications indicating Iow precipitation
and water conserving heads
(3) Control box and sensor specifications
(4) Locahon of water sources
d Rewew and ADDrOVal Of the Landscaoe and IrrlaatJon Plans
The Planning and Development Department shall determine the completeness of the
submitted Landscape and Irrigation Plans w~thln two (2) working days The plan w~ll be
referred to the development rewew committee for its rewew and approval The committee
shall return the plan to the department noting thereon its approval or d~sapproval If
disapproved, the committee shall specify the reasons why the plan does not comply w~th
the prows~ons of th~s article
e plot alan
Before the approval of any building permit apphcat~on a plot plan must be submitted A
plot plan for residential, mulh-farn~ly, commemlal or industr~al use must be consistent with
Landscal~e Code Page 12
Ordinance 88-I00
the Landscape Plan and it must show the hmlts of grading and clearance for butldlng
construction and ~mpervlous surface installat~on 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 projects w~th detailed site, landscape, and construction documents, the plot
plan requirement may be waived where all information has been previously prowded
(2) Alternative Compliance for Large Sites
a If the platted property ~s over two acres ~n size, the apphcant may request permssslon to
create an "artificial lot" to satisfy the requirements of th~s chapter An artificial lot is
~ntended to provide admin~strabve rehef for large sites that w~ll achieve planting areas that
exceed substantially more than 20% of gross platted lot area after development is
completed The D~rector shall approve the creation of an arhfic~al lot only if the spent and
~ntent of this chapter will not be wolated If approved by the D~rector, art~fm~al lot hnes shall
be ~ndlcated on the proposed Landscape Plan and shall contain, at m~mmum, the total
amount of impervious surface coverage, plus 20% of the area ~ns~de the arbfic~al lot
reserved for required planbng area
b The area w~thln the artificial lot hnes shall prowde trees and landscaping ~n comphance
w~th the requirements of this sechon, and may not extend beyond the property boundaries
of a s~ngle platted lot
c The area outside the artificial lot shall be maintained as planbng area w~th hve vegetation
determined by the applicant No trees located outside the artificial 1et I~nes may be used
for tree credits
d The artificial lot hnes shall ~nclude areas that, m the D~rector's op~mon, are h~ghly ws~ble
from pubhc rights-of-way or are necessary to accomphsh buffenng of adjacent properties
Sec 31-10 Enforcement, Penalties, and Fees
(1) Bond/Cash Deposit
In heu of installabon of the landscape materials pnor to occupancy, the applicant may post a
bond acceptable to the C~ty, conditioned upon satisfactory installat~on of the landscaping
proposed ~n the landscape plan
(2) Penalties
That any person v~olat~ng any prows~on of th~s ordinance shall, upon conwcbon, be fined a
sum not exceeding $500 00 Each day that a prov~s~on of th~s ordinance ~s wolated shall
constitute a separate and d~stlnct offense
Sec 31-11 Civil Remedies
(1) Nothing m th~s chapter shall be construed as a waiver of the C~ty's right to bring a c~wl action to
enforce the prows~ons of th~s chapter and to seek remedies as allowed by law, including but
not hm~ted to the following
a InJunctive rehef to prevent spemflc conduct that violates the ordinance or to require specific
conduct that is necessary for comphance with the ordinance
b A civil penalty up to $1,000 00 a day when it is shown that the defendant was actually
nobfied of the prows~ons of the ordinance and after rece~wng not~ce committed acts m
Landscape Code Page 13
Ordinance 96-400
wolatlon of the ordinance or failed to take action necessary for comphance w~th the
ordinance
Sec 31-12 Appeals
Unless otherwise prowded, an action by the C~ty m determ~mng comphance w~th the terms of th~s
article refers to a determ~nabon by the Planmng & Development Department or the Development
Review Committee (DRC) The Developer/Owner of land subject to the requirements of th~s
chapter may appeal any determination by the Planmng & Development Department or the
Development Review Committee under this chapter to the C~ty Council for a final decision The
appeal shall be ~n writing and shall be flied with the Planning and Zoning Comm~smon, which shall
make ~ts recommendation to the C~ty Council The City Council w~ll not review the appeal of any
determination by the Planmng & Development Department or the Development Rewew Committee
w~thout first obta~mng the recommendation of the Planmng and Zoning Commission No plat or
permit shall be approved by the Planmng and Zomng Commission which vanes the terms of this
chapter or which does not comply w~th the Planning & Development Department or Development
Rewew Committee's determination w~thout final resolution of the appeal by the C~ty Council
Sec 31-13 Fees
The City Council may adopt a fee or fees, m the amount to be estabhshed by ordinance, to
adm~mster and enforce the prov~sions of th~s Chapter
Sec 31-14 Conflicting Ord:nances
All ordinances or parts of ordinances in force when the prows~ons of th~s ordinance become
effective which are inconsistent or in confhct w~th the terms or prows~ons contained m th~s
ordinance are hereby repealed to the extent of the conflict
Landscape Code Page 14
Ordinance 98-t00
Sec 31-15 Selected Species List.
Lar~le and Medium Trees
Common Name Botanical Name Native Height & Existing Street
Width Tree Credit Tree
Caddo Map e Acer barbatum 'Caddo 60' x 40 * M 17
Bi{;tooth M;~p · Acer grandidentatum Native 50 x 30 * M 12 Primary
Texas Buckeye Aesculus arguta Native 30 x 20
Chlttamwoed Bum·lie ianugincaa Native 40' x 30 * M 14
Pecan Carya Illinocacels Native 80 x 60 ', M 36"
Black Hickory Carya texana 60 x 50 * M 36
Deodar Cedar Cedrus deodara 40 x 30
American S~moketree Cotinus obovatca 30' x 20'
Leyland Cypress Cupressocyparls leylandii 40 x 15' * M 21" Primary
Arizona Cyl~ress Cupressus arizonlca 35' x 20
Texas Persimmon Diospyrus texans Native 30' x 20 * M 10" Accent
Common Persimmon Dlospyrus virginians 30 x 30 * M 23 Accent
White Ash Fraxinus americana Native 60 x 50 * M 32
Texas Ash Fraxlnus texensle Native 50 x 40 ,' M 8 Primary
Thomless Honeylocust Gleditsia trlancanthos Inermis Native 80 x 60 * M 15 Primary
Nogolito Juglans microcarpa Native 30 x 20
Black Walnut Jugians nigra Native 80 x 60
Red Cedar Juniperus vlrglniana Native 40 x 10
Canaert Juniper Juniperus virginlana 'Canaertii 30 x 20' ,,
Sweet Gurq Liquldamber st~reciflora (cultivars) Native 60 x 40 * M 36 Primary
Osage Orange Maclura pornlfera 'Park' Native 50 x 40' * M 31
Fruitless W~llte Mulberry Morus elba 'Fruitless 35 x 40
Texas Mull~erry Morus rubre Native 40 x 40
Black Gum Nyssa sylvatica Native 50 x 25 ·
Afghan Pinp Pmus eldarlca 40 x 20'
Austrian Pine PInus NIgra 40 x 25
Chinese Pl~tache Pistachia chin·sis 40 x 30 - Accent
London Plelne Tree Platanus acerlfolla 50' x 35' · Pnmary
Sycamore, Platanca occldentalis (cultivars} 70 x 60'
Cottonwood Populus deltoidee (cultlvars) 80 x 40
Flowering Pear Pyrus celleryana 'Aristocrat' 30 x 20 Accent
SawtoothOsk Quercus accutis~ma 60 x 50 * M 28 Primary
Escarpmeqt Live Oak Quercus fusiformls Native 40' x 40 * M 44 Primary
Lacey Oak Quemus glaucoldes Native 50 x 45 * M 28 Primary
Bur Oak Quercus macrocarpa Native 60 x40' - M 40' Primary
Chlnquap~q Oak Quercusmuehlenbergii Native 60 x40 - M 27 Pnmary
Water Oak Quercus n~gra Native 50 x 40 · M 29'
Willow Oa~ Quemus phellce 60 x 30 ,* M 33 Primary
Shumard (~ak Quercus shumardll Native 70 x 50 ', M 28 Primary
Post Oak | Quercus stellata Native 60 x 45 * M 30'
Texas RedIOak Quemus texana Native 30 x 30 · M 28 Accent
Coastal Live Oak Quercus vir~inlana (cultivars) Native 50 x 50 · M 44
Weeping Willow Salix babylonlce 40 x 30
Western S~apberry Saplndussaponarisv Drummondll' Native 30 x20 * M '16
Bald CypreSs Taxodlum dlstichum 60 x 30 ,* M 66 Primary
Little leaf !.tlnden Tilia ccrdata 60 x 40 · Primary
Winged Elm Ulmus alata Native 35 x 40 * M 19 Primary
Amencan Elm Ulmus americana Native 70 x 70 * M 26'
Cedar Elm Ulmus crasslfolla Native 50 x 40 · M 12 Primary
Lacabark ~lm Ulmus parvifoila 50 x 35 * M 17" Primary
Slippery Elm Ulmus rubre Native 70 x 60 * M 17'
Note Tree credit Is limited to those se·cie indicated bv a "*" symbol in the Exlstlno Tree Credit column.
M red.cate8 species and minimum d~ameter for Monarch Tree nominabon They are hsted at 50 percent of that trees
caliper as listed on the current Texas Forest Services B~g Tree Registry ether trees listed on the Selected Species L~st
or on the Big Tree Registry may be nominated for Monamh Tree status at 75 percent of that species caliper
Landscape Code Page 15
Ordinance 98 1 O0
Accent / Small Trees and Large Shrubs
Common Name Botanical Name Native Height & Exlating Street
Width Tree Credit Tree
Roemer Acacia Acacia roemerlana 15' x 15'
Wright Acaqla Acecla wrlghtli Native 15' x 15
Japanese Maple Acer palmatum (cultivars) 15 x 10 - M 6
Scarlet Buckeye Aescclus pavia Native 25 x 20
Texas Madrone Arbutus xalafenels Native 25 x 20' .
Lemon Bottlebruah Calllstemon citrinus 15 x 15
Weeping _n~.!ebruah Calllstemon vimlnalls 20 x 15'
Netleaf Hackberry Celtia reticulate Native 25 x 25
Little-leaf P~lo Verde Cercidlum mierophyllum 12 x 15
Redbud Cercls canadenels (cultivars) Native 25 x 20
Oklahoma Redbud CerClS cenadensls texensis Native 20 x 15 * M 9" Accent
'Oklahoma
Forest Pan~y Redbud Cemis canadensls 'Forest Pansy 20 x 15
Texas Redl~ud Cercis canadensia texensis Native 25 x 20
Desert WIIIc~w Chilopsis Iinearle Native 20 x 15
Texas Perslmmon DIospyrce texana Native 25 x 20 ,, M 1 O'
Kldneywood Eysenhardtla polystachya Nabve 20 x 12'
Fragrant Ash Fraxlnus cuspidata Native 15 x 10'
Nellie R SteVens Holly Ilex aqulfolium 'Nellie R Stevens' 20 x 15
Burford Holly ilex cornuta 'Burford~ 20 x 15 * Accent
Possumhav( Holly Ilex decidua Native 15' x 10
Yaupon Holly Ilex vomitorla (culflvars) Native varies * M 8" Accent
Weeping Ysupon Ilex vomitoria 'Pendula' 12 x 8
Foster Holly #2 ilex x attenuate 'Fosterl' #2 25 x 15 (. Accent
Ashe Juniper Junlperus ashel Native 25 x 15
Rocky Mou~ltain Juniper Junlperus scopulomm 30 x 15
Goldenraln Tree Koelreuterua panlculata 25 x 15
Crape Myrtle Lagerstroemia Indlca (cultlvars) 15 x 10 * M 11 Accent
Flowering (:~rabapple Malus hybrida (cultivars) 20' x 20
Southern Wax Myrtle Myrica cerifera Native 15 x 10 - M 6
Red TIp Photinla Photlnla fraseri 20 x 15
Chinese Pl~otlnia Photinla serrulata 20 x 15'
Japanese Black Pine Pinus thunbergll 30' x 30'
Texas P~stSche Plstacla chlnensls Native 20 x 15
Carolina Cherry Laurel Prunus cerolinlana 25 x 15 · M 19' Accent
Mexican PI Jm Prunue mexlcana Native 25 x 25 * M 9 Accent
Flatwoods >lum Prunus umbellata 15' x 10'
Carolina Bi ckthorn Rhamnus carollnlana Native 20 x 15
Smooth Sumac Rhua glabra Native 15 x 10
Flame-leaf Sumac Rhus lanceolata Native 20 x 15'
Eves Neck ace Tree Sophora affinls Native 20 x 15 - Accent
Texas Mounta n Laurel Sophora secundlflora 15 x 10 * M 10 Accent
Mexican BUCkeye Ungnadia spsciosa Native 20 x 20 *
Rusty Btac~haw Viburnum rufldulum Native 25 x 20
Vltex I Virex agnusceetus Native 15 x 20 * M 14
Note, Tree credit Is limited to those soecle Indicated by a "e" symbol In the Exlstlno Tree Credit column
M Indicates species and mintmum diameter for Monamh Tree nomination They are listed at 50 percent of that trees'
cahper as listed on the current Texas Forest Servmes Big Tree Registry other trees hstad on the Selected Species List
or on the Big Tree Registry may be nominated for Monarch Tree status at 75 percent of that species cahper
Landscape Code Page 16
Ordinance
Shrubs
Common Name Botanical Name Height & Width
Glossy Abella Abella grandlflom (cultlvars) 6' x 5
Edward Go,Char Abella Abelia grandiflora Edward Goucher 5 x 5
Prostrate al~ella Abella grandiflors 'Prostrata 2' x 2'
Japanese ~cuba Acuba Japonica 4 x 4
Purpleleaf Barberry Berberls thunbergli 'Atmpurpurea' 5' x 4
Pygmy Bar~erry Berberis thunbergll 'Crimson Pygmy 2' x 3
Crimson Pygmy Barberry Berberls thunbe~ll 'Crimson Pygmy 2' x 1 5'
Japanese E~oxwood Buxus mlcrophylla japonica (cultlvars) 10 x 10
Beautyberry Call[carps americana 10 x 6
Buttonbush Cephalanthus occldentahs 8 x 6'
Dwarf Flowering Qulnca Chaenomeles Japonica 'Texas Scarlet 3 x 3'
Flowering C~ulnca Chaenomeles speciosa 7' x 5'
RoughleafDogwood Comus drummondii 6 x 5
Pampas Gr~ss Cortadeda selloana 10' x 7'
Coton_e,a_ste~' Cotoneaster (cultivam) varies
Ebbing s SIIverberry Eleagnus x ebbengel 10' x 5
Japanese ~ralla Fatsia Japonica 10 x 10
Forsythia Forsythia x Intermedia 6 x 6'
Hypencum Hypericum henryli 3 x 3
Needlepoln Holly Ilex comuta 5 x 5
Dwarf Burf( rd Holly Ilex cornuta 'Burfordl Nana 7 x 4
Carlssa Ho y Ilex cornuta Carlssa' 4 x 5
Dwarf Hornpd Holly Ilex cornuta Rotunda' 4 x 4
W~lson Holly Ilex cornuta Wllsonii' 5 x 5
Dwarf Japapesa Holly Ilex crenata Compacta' 4' x 4
Hailer Japanese Holly Ilex orenata 'Helleri 3 x 4
Dwarf Yaul~on Holly Ilex vomltoria 'Nana 4 x 4
Dwarf P§tzer Juniper Juniperua chinenesls "pfitzerana Compacta' 2 x 6
Pfitzer Juniper JunIperua chlnensls 'Pfltzerana' 5 x 10
Blue Vase ,~unIper Junlperus chlnensls "Blue Vase 5' x 4
Shore Juml~er Junipems conferta 2 x 4
Japanese ~arden Juniper Juniperus procumbens 2 x 6
Dwarf Crap~ Myrtle Lagerstmemla indlca (cultlvars) 6 x 4
Prostrate C~rape Myrtle La~lerstroemia Indica Icu~tlvarsI 3 x 3
Lantana Lantana (oultlvars) varies
Texas Sag~ Leucophyllum frutescens (cultivars) vanes
Variegated Chinese Privet Llgcatmm slnense 'Varlegata' 7 x 7
G~ant Llnol~e Llrlope glgantea 3 x 3
White Honeysuckle Lonicera albiflora 4' x 4'
Leatherlea~Mahonia Mahonia bealel 4 x 3
Agad~a Mahonla trifoliata 5 x 2 5
Nandlna Nandlna domestics (cultlvars) vades
Compact I~andina Nandina domestica 'Compacts 5' x 3'
Dwarf Nandina Nandina domestlca Harbour Dwarf' 3 x 3'
Dwarf Pomegranate Punica granatum Nana' 5 x 4'
Firathorn Pyracantha (cultivars) varies
Fragrant S~mac Rhus ammatica 8 x 6
Rosemary Rosmadnus offic~nalis 'Tuscan Blue" 3' x 4'
Lavender ~otton Santollna (cultlvars) 2 x 3
Brldalwrea~h Spirea Spirea prunifolla 7 x 5
Vsnhoutte Bpirea Spirea x vanhouttei 6 x 5
Coralberr71 Symphodcarpos orbiculatus 2 x 2
Wood Fern Thelypteds kunthli 2 x 2
Landscape Code Page 17
Ordinance 98-100
= Groundcovers/Bedding Plants
Common Name Botanical Name
Cast Iron Pliant Aspidistra elat~or
Horse Herb~ Calyptocarpus vialus
Trumpet C~eper Campers radicans
Dalla Graggll Dalea ~ra~ii
Wintercrael~er Euon)'mus fortune~
Junlperus conferta
Junlperus hortzontalls (cultlvars)
Juniperus procumbens (cultivars)
Lantana montevidensis
Llnope (cultivam)
Ophiopogon japonicus (cultivate)
Parthenocissus cluinquefolia
Symphorlcarpos orbiculatus
Trachelospermum asiaticum
Penwlnkle Vinca major & minor
Vines
Common IName Botanical Name
Coral Vine Antl~lonon leptopus
Cross Vine Bignonla capraolata
Trumpet Vine Campsis mdlcans
Carolina Sr~aliseed Vine Cocculus carollnus
Carolina Je~saamlne Gelsemlum sempervlrans
Iv)' Hedera (cultlvars)
Hall s Honeysuckle Lomcera laponlca Halliana
Coral Hone~/auckle Lonicera sempervirens
Boston Ivy. Parthenoclssus tricusp~data
ChampaneI Grape Vdld chaminli Champanel
Grape Vine Vriis vinlfera
Japanese Wieteria W~sterla floribunda
Chinese Wisteria Wisteria sinensis
Ornamental Grasses
Common I Name Botanical Name
Bill Blueatem Amdropogon ~lerard.
Bothriochloa saccharoides
Silver Blue,tern
Reed Gras~ Calamagrostis spp
Inland Sea Oats Chasmanthium latlfohum
Pampas Glass Cortaderia selloana
Lemon Gr~as C)'mbopo~on c~tmtus
SugarcanelPlumegrass Erianthus ~ganteus
Eulalla Vhsanthus spp
Maiden Gr~ss Miscanthus s~nensis 'Graclllimus
Zebra Gra~S Mlscanthus sinensis Zebnnus'
Variegated Japanese Silver Grass Mlscanthus sinensls "Variegatus
Purple Mul~l7 Muhlenberg~a fllipes
L~ndheimer's Muhl)' Muhlenber~ia lindhelmerl
Seep Muhl~/ Muhlenberl~la reverchoni
Dwarf Foul~talngrass Pennisetum alopecuroides Hamelin'
Purple Fountalngrass Pennlsetum setaceum 'Rubrum'
Fountaingr~ass Pennisetum spp
Black Bam.~oo Ph¥11ostachys nigra
Little Blue,tern I Schizach)'num scopadum
Lawn Grasses
Buffalo Gr~ss Buchloe dactyloides
Bermuda (~rass C)'nodon dact¥1on
Tall Fescue Festuca spp
St Au~lustine Grass Stenotaphrum secundatum spp
Zo~'sla Gr~es Zoysia spp
Landscape Code Page 18
Ordinance 98.t O0
Perennials
Common Name Botanical Name
Acanthus~ Acanthus mollis
Hollyhock Alcea rosea
L~ly-of-the-~lle Agapanthus app
Yarrow i Achillea spp
Bugleweed I AJuga spp
Amaranthus Amaranthus tricolor
Bluestar Amsonla spp
Bugloss Anchusa spp
Texas GoldlColumbine Aqullegla chrysantha v Hmkleyana
WormwoodI Artemlsla spp
Milkweed Asclepias spp
Wild Indigo ' Saptlsis spp
Bmnnem ' Bmnnera spp
Caladium (~nnual) Caladium {cultivsrs)
Canna Canna x generalis
Periwinkle fannual) Cartharanthus roseus
Shasta Dal~y Ch~santhemum maximum
Colewort Crambe cordifolia
Crocus Crocus spp
Mexican H~ather (annual} Cuphea hyssopIfol~a
Bleeding H~art D~centra spp
Coneflower, Echlnacea purpuma
Barrenwort EpImedium spp
Texas Blue~)all Euatoma gmndlfIorum
Daylil~/ , Hemerocalis spp
Rose MalloW Hibiscus moscheutos
Hosta Hosta spp
Candytuft Iberls semperv~rens
Ids Iris x hybrids
Lantana Lantana spp
Lavender Lavandula app
Sea Lavender Llrnonlum spD
Alyssum .obularla marltlma
Lupine .upInus spp
Loosestrlfe .yslmachla spp
Turks Cap ,,lalvavlscus arboreus v 'Drumond.
Blackfoot I'Jalsy Aelampodlum leucanthum
Bee Balm Monarda dldyma
Grape H~ra~lnth Muscarl spp
Daffodil Narcissus spp
Catmint Nepeta spp
Oxalis (Wopd Sorrel) Oxalis crassipes
Rock Rose-- Pavonia laslopetala
Russian S~ge Perovskla atrip icfoha
Thlft Phlox subulata
Obedient ~lant Physosteg[a virginians
Soloman's ~eal Polygonatum spp
Knotweed I Polygonum spp
Moss Rca~ (annual) Portulaca grandlflora
C~nquefoil Potentllla spp
Lungwort Pulmonaria spp
Gloriosa D~lsy Rudbeckla spp
Mexican P~tunla Ruellla spp
Sage ! Salvia spp
Lavender ~otton Santolina spp
.~edum ; Sedum spp
Dusty Mlll~lr Senec[o cineraria
GoldenrodI~ Solldago spp
Spiderwort Tradescari~ occidentahs
Verbena Verbena spp
SpeedwellI Veronica spp
Landscal~e Code Page 19
Ordinance 98-t00
Appendix A Amended Central Business Overlay D~strlct
BI
Landscape Code Page 20
Ordinnnce 98-t00
Appendix B Fry Street Development Corporation Boundary
FRY STREET DEVELOPMENT
__ CORPORATION BOUNDARIES FRY STREET AREA
UNIVERSITY OF NORTH
TEXAS CAMPUS
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 conwctlon, be
fined a sum not exceeding $500 00 Each day that a pmv~slon of this ordinance is violated shall constitute a
separate and d~st~nct offense
SECTION IV. That ~f any section, subsecbon, paragraph, sentence, clause, phrase or word ~n th~s
ordinance, or apphcatlon thereof to any person or c~rcumstances ~s held mvahd by any court of competent
jurlsd~cbon, such holding shall not affect the vahd~ty of the rema~mng portions of th~s ordinance, and the
C~ty Council of the City of Denton, Texas hereby declares it would have enacted such rema~mng portions
despite any such validity
SECTION V. That th~s ordinance shall become effective on May 1s~, 1998, and the C~ty Secretary
~s hereby directed to cause the caption of th~s ordinance to be published twice ~n the Denton Record-
Chromcle, a daily newspaper published ~n the C~ty of Denton, Texas, w~th~n tan (10) days of the date of ~ts
passage
PASSED AND APPROVED this the 7th day of April, 1998
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Landscape Code Page 23
ORDINANCE NO. 98-
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 C~ty Council for the C~ty of Denton, Texas has determined that the continued growth of the
C,ty of Denton is straining the ecological and esthetic enwronments of the City of Denton, and,
WHEREAS, the C~ty Council for the C~ty of Denton, Texas finds that growth, clear cutting, mass grading,
and the ~ncrease of impervious surface land coverage continues to d~m~n~sh the forests, trees and naturat
conditions of the C~ty of Denton, and,
WHEREAS, the C~ty Council finds that it ~s ~n the pubhc ~nterest to ~nsure that new developments in the C~ty
of Denton will help preservation, protection and enhancement of the ecological and esthetic enwronments of' the
C~ty, and,
WHEREAS, the City Council passed a new Landscape Ordinance on April 7, 1998, and,
WHEREAS, the C~ty Council recognizes that certain amendments to the ordinance are needed ~n order to
produce the desired results of the Landscape Ordinance and,
WHEREAS, the City Council has conducted a public heanng on the proposed regulations contained herein,
NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
~ That of the Code of the C~ty of Denton, Texas, be and the same ~s hereby amended by deleting
the term "Monarch Tree" and replacing ~t w~th the term "Landmark Tree" and rews~ng such definition in Section 31-3
entitled "Deflmtions" by defimng such term to read as follows
Sec. 31-3 Definitions.
Lanclmerk Tree A tree that has been determined to be of umque commumty value because of ~ts s~ze,
specie, age, form, historical s~gnlficance, or other unique characteristics
~ That Chapter 31 'Landscape" of the Code of Ord~nances ~s hereby amended by rews~ng
subsection (2) and by the addition of a subsection (3) to Section 31-4 entitled "Apphcab~lity" to read as follows
Sec. 31-4 Applicability.
(1) All property located w~th~n the c~ty hmtts of the Ctty of Denton ~s subject to the prows~ons of th~s article
Clearing and grading permits shall be required for all property prior to the commencement of cleanng
Landscape Code Revisions Ordinance Page t
and grading act~wty It shall be unlawful to commence any cleanng or grading act~wty w~thout first
obtaining a clearing and gred~ng permit Complete and accepted tree ~nventory plans shall be required
prior to prehminary plat approval Approved landscape plans, which may also demonstrate satisfactory
cleanng and grading requirements shall be required prior to final plat approval Approved plot plans
shall be required prior to ~ssuance of building permits, and ~nspected for comphance prior to final
~nspection and/or ~ssuance of the cerbficate of occupancy
(2) The requirements of th~s chapter w~ll cease to be ~n effect upon the sabsfactory completion of the final
~nspect~on for s~ngle-family and duplex residential dwelhngs
(3) When remodehng, redevelopment, or reconstrucbon is proposed on platted property that would result in
an expansion of gross floor area, parking lot area, or vehicular surface area, the following prows~ons
shall apply
a When remodeling, redevelopment, or reconstrucbon ~s proposed on platted property that would
expand ex~st~ng gross floor area of the lot's structure or structures by less than twenty-five (25)
percent, the proposed activity ~s exempt from the prows~ons of th~s article
b When remodehng, 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 port~on of the s~te where the expansion ~s located ~s
subJect to the prowsions of this article
c When remodehng, redevelopment, reconstrucbon, or expansion ~s proposed on platted property
that would expand ex~st~ng gross floor area of the ~ot's structure or structures by fifty (50) percent or
more, the entire property must comply w~th the prows~ons of th~s artmle
d When parking lot or vehicular surface area ~mprovements are proposed that would result ~n an
~mperv~ous surface expansion of twenty-five (25) percent or greater, or would result ~n ~mperv~ous
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
Th~s prows~on shall apply only when such ~mprovements are not part of a structural remodehng,
redevelopment, or reconstruction proposal
SECTION III That Chapter 31 "Landscape" of the Code of Ordinances ~s hereby amended by rewsmg
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 th~s article
a The Central Bus~ness District, amended as shown ~n Appendix A,
b The Fry Street Development Corporation Boundary as shown ~n Appendix B,
c The Denton Municipal Airport as shown ~n Appendix C, and
d The Denton Municipal Landfill
SECTION IV. That Chapter 31 "Landscape" of the Code of Ordinances ~s hereby amended by raws~ng subsecbon
(1)b, subsection (4), subsection (5), subsectmn (7)b of Secbon 31-6 Article II Tree and Landscape Prows~ons
entitled "General Provisions" to read as follows
ARTICLE II. TREE AND LAND PROVISIONS
Sec 31-6 General Provisions
(t) Tree Requlremente
Landscape Code Revisions Ordinance Page 2
b. S~ze All trees planted .to satisfy the tree standards must be a m~mmum of three (3) inches in
caliper measured six (6) ~nches from top of container
(4) Tree Credits
a Preservation of ex~st~ng trees may be used to receive credit toward meebng the Tree Standard of
15 trees per acre, ~f the trees are healthy and w~thout substantial damage or defect Tree credits
shall be earned ~n the following ~ncrements
DBH of Ex~st~no Tree Tree Credits
3 to 9 ~nches 1 0
9+ to 15 ~nches 1 5
15+ to 21 ~nches 2 0
21+ to 27 ~nches 2 5
27+ ~nches 3 0
Landmark Tree 5 0
(5) Landmark Trees
Landmark Tree nominations w~ll be prepared by the D~rector, dunng Landscape Plan rewew or after the
evaluation of nomlnabon proposals submitted to the D~rector Those specie w~th a m~mmum d~ameter
of at least 75% of the hsbng ~n the most current publmat~on of the Texas Forest Servme Bto Tree
Reoistrv are et~g~ble for Landmark Tree nom~nahon If a tree ehg~ble for Landmark nom~nabon ~s so
designated by the D~rector, the owner of the tree must e~ther preserve the tree ~n accordance w~th
Section 31-6(4)c of th~s article or prowde replacement trees with a combined caliper ~n ~nches,
measured six (6) ~nches above the top of container, equal to one-half (50%) of the d~ameter ~n ~nches,
four and one-half (4~) feet above ground level of the designated Landmark Tree that ~s removed If a
tree ~s designated as a landmark tree ~t shall be unlawfut for an owner of the tree to fa~l to preserve the
tree or fa~l to replace the tree within s~x (6) months of the hme of the cleanng or gradtng, as required by
this arhcle
(7) Public Property
a Construcbon Projects located within Pubhc R~ghts-of-Way and Easements The area defined by
project hm~t hnes w~ll be used to determine tree standard comphance Trees removed must be
replaced in accordance with the table provided ~n this section If replacement trees cannot be
planted w~thin the project area, they must be planted wtth~n areas designated by the D~rector and
consistent w~th c~ty open space plans
DBH of Tree Replacement
Ex~st~no Tree Requirement
6 to 12 inches 1 0
12+ to 24 inches 1 5
24+ to 36 inches 2 0
36+ ~nches 2 5
SECTION V That Chapter 31 "Landscape" of the Code of Ordinances ~s hereby amended by adding
rewsed subsection (1) of Section 31-8 entitled "Maintenance" to read as follows
(1) Maintenance Requirements
a The property owner or h~s/her agent shall be responsible for the maintenance, repair and
replacement of all preserved vegetabon and landscaping plants and matenals as may be requ;red
by the provisions of th~s article It shall be unlawful for a property owner or h~s/her agent to fa~l to
Landscape Code Rews~ons Ordinance Page 3
maintain, repair, or replace any vegetabon and landscaping plants or material that are required by
th~s chapter Once the final ~nspecbon has been completed for a s~ngle-fam~ly or duplex residential
dwelling, the requirements of th~s article no longer apply
SECTION VI, That Chapter 31 "Landscape" of the Code of Ordinances ~s hereby amended by adding
subsecbon (2)b of Section 31-9 entitled "Admimstret~ve Rewew and Permitting' to read as follows
ARTICLE IV. ADMINISTRATION REVIEW AND PERMITTING
Sec. 31-9 Administration, Review and Permittmg
(2) Alternative Compliance
b Alternative Landscape Plan
1 Any property owner or developer may elect to submit an alternative landscape plan for C~ty
Council rewew and approval that fa~ls to meet the requirements of th~s arbcle, but ~n the op~n~on of
the applicant, satisfies the spirit and ~ntent of th~s article The Planning and Zoning Commission
shall rewew the alternative plan and submit an adwsory opinion to the C~ty Council pnor to C~ty
Council acbon
SECTION VII, That Chapter 31 "Landscape" of the Code of Ordinances ~s hereby amended by revising
Section 31-15, entitled "Selected Species L~st", 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 Height & Width
'Caddo Maple Acer barbatum Caddo 60 x 40'
Blgtooth Maple Acer grandidentatum Native 50 x 30
Texaa Buckeye Aeaculus arguta Native 30' x 20'
Chittamwood Bumella lanuglnoaa Native 40 x 30'
Pecan Carya illinocensis Native 80 x 60
Black Hickory Casa texana 60' x 50
Deodar Cedar Cedrua deodara 40 x 30
American Smoketree Cotlnus obovatus 30 x 20
Leyland Cypress CupresaocTparla le~,landii 40 x 15
Adzona Cypress Cupressus arlzonica 35 x 20
Te~xaa Persimmon DloapTrus texana Native 30 x 20
Common Persimmon Dioapyrus vlr~llnlana 30 x 30
White Ash Frexlnus arnedcena Native 60 x 50'
Texas Ash Frexlnus texensis Native 50 x 40
Thomlese Hone~/Iocust Gledltsla ~ancanthos mermis Native 80 x 60
, Nogotito Juglana microcarpa Native 30' x 20
Black Walnut Juglana nlgra Native 80 x 60
Red Cedar Junlperua virginiana Native 40' x 10
Canaert Juniper Junlperus virginiana Canaertii' 30 x 20
Sweet Gum LIcluldamber atyreolflora (cultivars} Native 60 x 40
Osage Orange Madura pomlfera 'Pad<' Native 50' x 40
Fruitless White Mulberry Mores alba Freltiess' 35' x 40
Texas Mulber~/ Mores rubra Native 40' x 40
Black Gum Nyaaa sylvatice Native 50 x 25
Afghan Pine PInua eldadce 40' x 20
Austrian Pine Plnua Nigra 40 x 25
Chinese Pietache Platachla chlneals 40 x 30
London Plane Tree Platanua acenfolla 50' x 35
STcamore Platanus oocidentalla (cultivara) 70 x 60
Cottonwood Populus deltoldea (cultivate) 80 x 40
Flowering Pear Pyrua cellerTana Aristocrat 30 x 20
Landscape Code Revisions Ordinance Page 4
Sawtooth Oak Ouercus accutls~ma 60 x 50
Escarpment Live Oak Quercua fusiform~s Native 40 x 40
Lacal/Oak Quart=us glaucoides Native 50 x 45'
Bur Oak Quercus macmcarpa Native 60 x 40
Chinquapin Oak Quercus muehlenberg. Native 60 x 40
Water Oak Quercua nlgra Native 50 x 40
Willow Oak Quercus phellos 60 x 30
Shumard Oak Quercus ahumardll Native 70 x 50
Post Oak Quemus stellata Native 60 x 45
Texas Red Oak Quercca texana Native 30 x 30
Coastal L~ve Oak Quereus vlrglniana (cultivars) Native 50 x 50
Weeping Willow Sallx baby~onlca 40 x 30
Westam Soapberry Sapindca saponans v Drummond,s" Native 30 x 20
Bald Cypreaa Taxodlum distichum 60 x 30
Little leaf Linden Tilla cordata 60 x 40
Winged Elm Ulmca alata Native 35 x 40
Amedcan Elm Ulmue americana Native 70 x 70'
Cedar Elm Ulmua crass~folla Native 50 x 40
Lacabark Elm UImua parv~folia 50 x 35
Slippery Elm Ulmus mbra Native 70 x 60
Accent / Small Trees and Large Shrubs
Common Name Botanical Name Native Height & Width
Roamer Acacia Acacia roemenana 15 x 15
Wright Acacia Acacia wrlghtll Native 15 x 15
Japanese Maple Acer palmatam (cultivate) 15' x t 0'
Scarlet Buckeye Aeeculua paws Native 25 x 20
Texas Madmne Arbutua xalafens*s Native 25 x 20
Lemon Boffiebmsh Callistamon ckrinus 15 x 15
Weeping Bottlebruah Calllatamon wm~nalis 20 x 15'
Netleaf Hackberry Celtls reticulata Native 25' x 25
Little-leaf Palo Verde Cercldium mlcroph¥11um 12 x 15
Redbud Carols canadensis (cult~vam) Native 25 x 20
Oklahoma Redbud Carols canadensis texens~s Native 20 x 15
'Oklahoma'
Forest Pansy Redbud Cercls oaoadens~s Forest Pansy 20 x 15'
Texas Redbud Carats canadensls texensla Native 25 x 20
Desert Willow Chilopaislinearls Native 20 x 15 '
Texas Persimmon Diospyrca taxana Native 25 x 20
Kldneywood Eysenhardtla polystachya Native 20 x 12
Fragrant Ash Frexlnca cuapidata Native 15 x 10
Nellie R Stevens Holly Ilex aclulfolium 'Nellie R Stevens' 20' x 15
Burford Holly Ilex comuta Burfordi 20 x 15
Pcaeumhaw Holly Ilex decidua Native 15 x 10
Yaupon Holly Ilex vomitoria (culflvam) Native vadea
Weeping Yaupon ilex vomitofla Pendula 12 x 8
Foster Holly ~ Ilex x attanuata Fostarl ~2 25 x 15
Ashe Juniper Junlperua ashel Native 25 x 15
Rocky Mountain Juniper Junlperus scopulorum 30 x 15
Goldenraln Tree Koelreutarua paniculata 25' x 15
Crape Myrtle Lagerstroemla Indlca (cultivate) 15 x 10
Flowering Crebapple Malua hybdda (cultivars) 20 x 20
Southern Wax My~e M1/rlca carifera Native 15 x 10
Red Tip Photlnla Photlnla frased 20 x 15
Chinese Photlnia Phoflnia sermlata 20 x 15
Japanese Black Pine Plnue thunbergii 30 x 30
Texas Piatache Ptstada chloanals Native 20 x 15
Carolina Cherry Laurel Pmnus carolin~ana 25 x 15
Mexican Plum Pmnue mexicana Native 25 x 25
Flatwoods Plum Prunus umbellata 15 x 10
Camtina Buckthom Rhamnus cam[Inlana Native 20' x 15'
Smooth Sumac Rhua glabra Native 15' x 10'
Flame-leaf Sumac Rhca lanoaolata Native 20 x 15
Eves Necklace Tree Sophora affinis Native 20 x 15'
Texas Mountain Laurel Sophora secundlflore 15 x 10
Landscape Code Revisions Ordinance Page 5
Mexican Buckeye Ungnadia spec[osa Native 20 x 20
Rusty Blackhaw Viburnum rufldulum Native 25 x 20
V tex Virex agnuscastus Nat ve 15 x 20
SECTION VIII. That any person wolat~ng any prows~on of th~s ordinance shall, upon conv~ct~on, be fined a sum
not exceeding $500 O0 Each day that a provis~on of th~s ordinance ~s wolated shall consbtute a separate and distinct
offense
SECTION IX. That ~f any section, subsection, paragraph, sentence, clause, phrase or word ~n th~s
ordinance, or apphcatlon thereof to any person or c~mumstances ~s held ~nvahd by any court of competent
jurisdiction, such hold~ng shall not affect the vahd~ty of the rema~mng porbons of th~s ordinance, and the C~ty Councd
of the C~ty of Denton, Texas hereby declares ~t would have enacted such remaining port~ons despite any such
validity
SECTION X That all prows~ons of the ordinances of the C~ty of Denton ~n conflict w~th the provisions of th~s
ordinance are hereby repealed, and all other prows~ons of the ordinances of the C~ty of Denton, not ~n conflict w~th
the provisions of this ordinance, shall remain ~n full force and effect
SECTION XI. That th~s ordinance shall become effective fourteen (14) days from ~ts passage, and the C~ty
Secretary ~s hereby d~rected to cause the capbon of th~s ordinance to be published twice ~n the Denton Record-
Chromcle, a dady newspaper pubhshed in the C~ty of Denton, Texas, w~th~n ten (10) days of the date of ~ts passage
PASSED AND APPROVED this the//~ day of
JACK ~I~ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Landscape Code Revisions Ordinance Page 6