1998-396 ORDINANCE NO. 98- ~q~
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 Landecape Ordinance and,
WHEREAS, the City Council has conducted a public hearing on the proposed regulations contained here~n,
NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HERESY 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
.,~ 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
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andl grading act~wty It shall be unlawful to commence any clearing or grading acbwty without first
obta~mng a cleanng and grading permit Complete and accepted tree ~nventory plans shall be required
prior to preliminary plat approval Approved landscape plans, which may also demonstrate satisfactory
clearing and grading reqmrements shall be required prior to final plat approval Approved plot plans
shall be required prior to ~ssuance of building permits, and tnspected for comphance prior to final
~nspectlon and/or issuance of the certificate of occupancy
(2) The requirements of th~s chapter will cease to be m effect upon the satisfactory complebon of the final
~nspection for single-family and duplex residential dwelhngs
(3) When remodeling, redevelopment, or reconstruction ~s proposed on platted property that would result ~n
an expansion of gross floor area, parking lot area, or vehicular surface area, the following prows~ons
shall apply
a When remodeling, redevelopment, or reconstruction ~s proposed on platted property that would
expand ex~sflng gross floor area of the lot's structure or structures by less than twenty-five (25)
percent, the proposed act~wty is exempt from the prows~ons of th~s arbcle
b When remodeling, redevelopment, or reconstruction ~s 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 porbon of the s~te where the expansion ~s located ~s
subject to the prows~ons of th~e arbcle
c When remodehng, redevelopment, reconstrucbon, or expansion ~s proposed on platted property
that would expand ex~sbng gross floor area of the lot's structure or structures by fifty (50) percent or
more, the enbre property must comply with the prows~ons of th~s article
d When parking lot or vehicular surface area ~mprevements are proposed that would result ~n an
impervious 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 reconstruchon occurs
This provision shall apply only when such ~mprovements are not part of a structurel remodehng,
redevelopment, or reconstruction proposal
SECTION III That Chapter 31 "Landscape" of the Code of Ordinances ~s hereby amended by rews~ng
subsectmn (2) of Section 31-5 enbtled "Exclusions" to read as follows
Sec. 31-5 Exclusions
(2) The following areas shall be exempt from the prows~ons of th~s article
a The Central Bus~ness D~strict, amended as shown m Appendix A,
b The Fry Street Development Corporabon Boundary as shown in Appendix B,
c The Denton Mumc~pal Airport as shown ~n Appendix C, and
d The Denton Mumc~pal Landfill
~;ECTION IV. That Chapter 31 "Landscape" of the Code of Ordinances ~s hereby amended by revising subsection
(1)b, subsection (4), subsection (5), subsection (7)b of Section 31-6 Arhcle II Tree and Landscape Prows~ons
entitled "General Prowsions" to read as follows
ARTICLE II. TREE AND LAND PROVISIONS
Sec 31-6 General Provisions.
(1) Tree Requirements
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Size All trees planted to satisfy the tree standards must be a m~mmum of three (3) ~nches ~n
caliper measured six (6) ~nches from top of container
(4) Tree Credits
a Presarvatmn of ex~stmg trees may be used to race~ve credit toward meeting the Tree Standard of
15 trees per acre, ~f the trees are healthy and w~thout substanbal damage or defect Tree credits
shall be earned in the following increments
~L~L~,z/~L~ Tree Credits
3 to 9 inches 1 0
9+ to 15 inches 1 5
15+ to 21 ~nches 2 0
21+ to 27 ~nches 2 5
27+ roches 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 nomination proposals submitted to the Director Those specie with a m~mmum diameter
of at least 75% of the hst~ng ~n the most current publication of the Texas Forest Service ~
Rec~/strv are eligible for Landmark Tree nom~nabon If a tree ehg~ble for Landmark nomination ~s so
designated by the D~rector, the owner of the tree must either preserve the tree ~n accordance with
Section 31-6(4)c of th~s arbcle or provide replacement trees with a combined cahper ~n ~nches,
measured six (6) ~nches above the top of container, equal to one-half (50%) of the diameter ~n ~nches,
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 ~t shall be unlawful for an owner of the tree to fa~l to preserve the
tree or fail to replace the tree w~th~n s~x (6) months of the t~me of the cleanng or grading, as required by
th~s arbcle
(7) Public Property
a Construction Projects located w~thm Pubhc R~ghts-of-Way and Easements The area defined by
project hmit hnes will be used to determine tree standard comphance Trees removed must be
replaced m accordance w~th the table provided m th~s secbon If replacement trees cannot be
planted within the project area, they must be planted w~th~n areas designated by the D~rector and
consistent w~th c~ty open space plans
DBH of Tree Replacement
E~stino Tree Reou~rement
6 to 12 ~nches 1 0
12+ to 24 roches 1 5
24+ to 36 inches 2 0
36+ roches 2 5
SECTION V That Chapter 31 "Landscape" of the Code of Ordinances ~s hereby amended bY adding
rewsed subsecbon (1) of Section 31-8 enbtled "Maintenance" to read as follows
(1) Maintenance Requlrementa
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 required
by the provisions of th~s artmle It shall be unlawful for a property owner or h~s/her agent to fa~l to
Landscape Code Revm~ons Ordinance Page 3
maintain, repair, or replace any vegetabon and landscaping plants or material that are required by
this chapter Once the final ~nspecbon has been completed for a s~ngle-fam~ly or duplex res~denbal
dwelling, the requirements of this article no longer apply
SECTION VI, That Chapter 31 "Landscape" of the Code of Ordinances ~s hereby amended by adding
subsecbon (2)b lof Section 31-9 entitled "Admlnistrat~ve Rewew and Permitting" to read as follows
ARTICLE IV. ADMINISTRATION REVIEW AND PERMITTING
Sec 31-9 Administration, Review and Permitting
(2) Alternative Compliance
b Alternative Landscaoe Plan
1 Any property owner or developer may elect to submit an alternative landscape plan for C~ty
Council rewew and approval that fails to meet the requirements of th~s article, but ~n the op~mon of
the applicant, satisfies the spirit and intent of th~s arbcle The Planning and Zomng Commission
shall rewew the alternative plan and submit an adwsory oplmon to the City Council prior to C~ty
Council action
~[ECTION VII. That Chapter 31 "Landscape" of the Code of Ordinances ~s hereby amended by rews~ng
Secbon 31-15, ~ntitled "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.
~a°mm°n Lar and Medium Trees
Name
ddo Map e 60 x 40'
igtooth Maple 50' x 30'
axas Buckeye 30' x 20'
hlttamwood 40' x 30'
ecan 80 x 60'
lack Hickory 60 x 50
eodar Cedar 40 x 30
merlcan Smoketree 30' x 20'
ayland Cypress 40 x 15
rlzona Cypress 35 x 20'
exaa Persimmon 30 x 20
~rnmon Pemlmmon 30 x 30
Ihlte Aah 60 x 50'
exaa ,ash 50 x 40
hornless Hone},locust 80 x 60'
Iogollto 30' x 20'
,lack Walnut 80 x 60
led Cedar 40 x 10
i anaert Juniper 30' x 20'
eat Gum 60 x 40
aage Orange 50 x 40
ultleaa White Mulberr~ 35 x 40
exaa Mulber~ 40' x 40'
lack Gum 50 x 25'
fghan Pine 40' x 20'
Austrian Pina 40 x 25
~hlneae Piataahe 40' x 30'
~ondon Plane Tree 50 x 35
~/oarnore 70 x 60
Cottonwood 80 x 40
Flowering Pear 30' x 20'
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S{awtooth Oak Quercua accufls~ma 60' x 50'
Epcarpment Live Oak Oueroua fusiformls Native 40 x 40
L~oay Oak Quercus glaucoidss Native 50 x 45'
Bur Oak Quercca macrocarpa Native 60 x 40
Chinquapin Oak Quercus muehlenber~ii Native 60 x 40'
Water Oak Quercus nigre Native 50 x 40
tiowOak Quercus phellos 60 x 30'
umard Oak Quercca shumardil Native 70' x 50'
Post Oak Quemus stallata Native 60' x 45'
Texas Red Oak Quercus taxana Native 30' x 30'
Coastal Live Oak Quercua virglnlana (cultivars) Native 50' x 50'
Weeping Willow Salix babylonlca 40 x 30
BWsstarn Soapberry Sapindua saponaris v Drummondli Native 30 x 20'
aid Cypress Taxodlum distichum 60' x 30'
Little-leaf Linden Tilla cordata 60' x 40'
Winged Elm Ulrnua alata Native 35 x 40
,~merican Elm Ulmus americana Native 70 x 70
Cedar Elm Ulmus orassifolia Native 50 x 40
Lacebark Elm Ulmus parvifolla 50 x 35'
~lippery Elm Ulmus mbra Native 70 x 60
Accent / Small Trees and Large Shrubs
Common Name Botanical Name Native Height & Width
Roamer Acacia Acacia roemeriana 15' x 15'
Wright Acacia Acacia wrlghtii Native 15 x 15
Japanese Maple Acer palmatum (cultivars) 15' x 10'
Scarlet Buckeye Assculua pavia Native 25 x 20
Texas Madrone Arbutus xalafensls Native 25' x 20
,~rnon Bottlebrush Calllstemon citnnus 15 x 15
eeping Boffiebmsh Calllstamon vimlnalis 20 x 15
Netleaf Hackber~ Celtis retlculata Native 25 x 25
~ttle-leaf Palo Verde Cercldlum mlcrophyllum 12 x 15
edbud Cercis canadensls (cultivate) Native 25' x 20
Oklahoma Redbud Cercls canadensls texensls Nabve 20 x 15
Oklahoma'
Forest Pansy Redbud Cerci8 canadensis 'Forest Pansy 20 x 15
Texas Redbud Cercis canadensis texens~s Native 25' x 20'
Desert Willow Chilopsls llnearis Native 20' x 15'
Texas Persimmon Dicapyros texans Native 25 x 20'
KIdne}~vood Eysenhardtla polystachya Native 20' x 12'
Fragrant Ash Fraxlnue cuspidata Native '15 x 10
Nellie R Stevens Holly Ilex aqulfollum 'Nellie R Stevens 20' x 15
Burford Holly Ilex cornuta Burtordi' 20 x 15
Possumhaw Holly Ilex decidua Native 15 x 10
Yaupon Holly Ilex vomitafla (cultivam) Native varies
Weeping Yaupon tiex vomltoria Pendula 12 x 8
Foster Holly #2 Ilex x attenuata Fosteri #2 25 x 15'
Ashe Juniper JunIperus sshei Native 25 x 15
Rocky Mountain Juniper Junlperus scopulorum 30' x 15'
Ioldenraln Tree Koalreutarua panic~lata 25 x 15
rape Myrtle Lagerstroemla indlca (cultivars) 15' x 10'
owering Crebapple Malua hybrida (cultivars) 20' x 20'
Southern Wax Myrtle Myrica carlfera Native 15 x 10'
Red Tip Photlnia Photlnia fresen 20 x 15
Chinese Photlnla Photinla serrulata 20 x 15
Japanese Black Pine Pinua thunbergh 30' x 30'
Texas Pistaohe Pistacia ch~nens~s Native 20 x 15
Carolina Cherr~ Laurel PrL~nus caroliniana 25 x 15
Mexican Plum Prunus mexicana Native 25 x 25
Flatwoods Plum Prunus umbellata 15 x 10
Carolina Buckthom Rhamnus carollnlana Native 20 x 15
~mooth Sumac Rhus glabra Native 15' x 10
lame-leaf Sumac Rhus lancaolata Native 20' x 15'
Eves Necklace Tree Sophore affinls Native 20 x 15
Texas Mountain Laurel Sophora secundlflora 15 x 10
Landscape Code Revisions O~'dmance Page 5
~exlcan Buckeye Ungnadla speclosa Native 20 x 20
R~st~ Blackhaw Viburnum rufldulurn Native 25' x 20'
Vltex Vitex a~nuecastus Nat ve 15' x 20'
SECTION VIII. That any person wolatlng any prows~on of th~s ordinance shall, upon conwction, be fined a sum
not excaed~ng $500 00 Each day that a provision of th~s ordtnance ~s v~olated shall constitute a separate and d~stmct
offense
~ That ~f any section, subsechon, paragraph, sentence, clause, phrase or word ~n th~s
ordinance, or apphcation thereof to any person or c~rcumstances ~s held ~nvahd by any court of competent
junsdlct~on, such holding shall not affect the validity of the rema~mng portions of th~s ordinance, and the City Councd
of the C~ty of Denton, Texas hereby declares it would have enacted such remaining porbons despite any such
vahd~ty
SECTION X That all prowslons of the ordinances of the C~ty of Denton m confhct w~th the prows~ons of th~s
ordinance are hereby repealed, and all other provisions of the ordinances of the C~ty of Denton, not ~n confhct w~th
the provisions of this ord~nanca, shall remain ~n full force and effect
~ That this ordinance shall become effechve fourteen (14) days from ~ts passage, and the C~ty
Secretary ~s hereby d~rected to cause the caption of this ordinance to be pubhshed twice ~n the Denton Record-
Chronmle, a dady newspaper pubhshed ~n 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
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