DCA18-0008eS:\L.,cL;al\our' Docuinents\ordinanccs\19\DC A18-0009 Landscape and Tree Amendment.docx
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DENTON
DEVELOPMENT CODE, AMENDING SUBCHAPTERS 13 AND 17 RELATED TO TREE
PRESERVATION, LANDSCAPE STANDARDS, AND ENVIRONMENTALLY SENSITIVE
AREA STANDARDS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVE ILITY; AND
ESTABLISHING AN EFFECTIVE DATE. (DCA18-0008)
WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of
Denton, Texas adopted the Denton Development Code (the "DDC"); and
WHEREAS, Sections 35.13.7, 35.13.8, and 35.13.10, and 35.13.13.3 of the DDC provide
for requirements for tree preservation, landscaping, street trees, and compatibility buffers and
Subchapter 35.17 provides for requirements for Environmentally Sensitive Areas (ESA); and
WHEREAS, the City desires to amend the tree preservation, landscaping, and ESA
regulations, specifically including the relocation of all tree preservation and landscaping
requirements from Subchapter 13 to Subchapter 17 in order to create consolidated Conservation
and Landscape Requirements; and
WHEREAS, the City also desires to amend the current standards for tree preservation and
landscaping in order to make a more understandable and efficient code for the citizens of the
City of Denton; and
WHEREAS, on both November 28, 2018, December 12, 2018, and February 20, 2019 the
Planning and Zoning Commission, in compliance with the laws of the State of Texas, has given
the requisite notices by publication, held due hearings, and provided opportunity for public
comment on these proposed amendments to the Denton Development Code; and
WHEREAS, on March 6, 2019, the Planning and Zoning Commission, in compliance
with the laws of the State of Texas, has given the requisite notices by publication, held due
hearings and recommended approval [5-1] of these proposed amendments to the Denton
Development Code; and
WHEREAS, on March 19, 2019, the City Council likewise conducted a public hearing in
accordance with local and state law, and the City Council hereby finds that the subject
amendments to Subchapter 35.13 and Subchapter 35.17 are consistent with the City's
comprehensive plan, and federal, state, and local law, and are in best interests of the citizens of
the City of Denton; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference and found to be true.
SECTION 2. The following amendments to Denton Development Code Subchapter
35.13, are hereby adopted as shown:
• The "Expansion Applicability Table" following DDC Section 35.13.3.A.2.
hereby amended to add cross-references to DDC Subchapter 35.17, under ti
column headings for "Landscape & Tree Canopy", "Parking Lot Landscaping
and "Street Trees" to assist citizens in finding these relocated provisions.
• DDC Section 35.13.7. is deleted in its entirety, and superseded by amendments
DDC Subehapter 35.17, as set forth by reference in SECTION 2 of th
Ordinance, below.
• DDC Section 35.13.8. is deleted in its entirety, and superseded by amendments
DDC Subehapter 35.17, as set forth by reference in SECTION 2 of th
Ordinance, below,
• DDC Subsection 35.13.10.C. is deleted in its entirety, and superseded I
amendments to DDC 35.17, as set forth by reference in SECTION 2 of th
Ordinance, below. Subsections 35.13.10.A. and 35,13.10.13. remain as current
written, without modification.
• DDC Subsection 35.13.13.3.b. is hereby amended to read as follows:
b. Landscape Standards. Applicable landscaping standards are defined in
Subchapter 35.17.
0 All remaining provisions of DDC Subchapter 35.13 not explicitly amended above
are to remain as currently written.
SECTION 3. The amendments to Denton Development Code Subchapter 35.17, as
. SECTION .........
presented in Exhibit A, and incorporated by reference herein, are hereby adopted as shown in
that Exhibit.
Sl_,CTI0N 4. Any person, firm, partnership or corporation violating any provision of
this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished
by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this
ordinance is violated shall constitute a separate and distinct offense.
SFICTION 5. If any provision of this ordinance or the application thereof to any person
------ - or circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 6. An offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in
effect when the offense was committed, and the former law is continued in effect for this limited
MM"M
SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, and in order to
facilitate a smooth and orderly transition, this ordinance and the changes made therein shall
become effective on October 1, 2019, 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.
The motion to ,ijil rove llik ordinance was made by m � � �„" � ��'� �� � and
seconded by the ordinance was pii,4 cd and approved by
111C IbIlowirig Vote
Aye Nay Abstain Absent
Mayor Chris Watts: r","
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:"
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6: vz
��4 '
'Q PASSFI" ED this the y day of � , 20M
�r
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, tU I 1RY
BY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY/c/Terry F Drnlc
.. Tr
—r..._.........__....................................................�.....�......
Exhibit "A"
1 SUBCHAPTER 17 — CONSERVATION AND LANDSCAPING REQUIREMENTS
2 35.17.1— Definitions and Terms
3 Building Pad: The actual foundation area of the primary building and a 10-foot clear area extending
4 from the foundation perimeter, necessary for construction and grade transitions.
5 Calculated dbh: The combined dbh of the Tree(s) to be removed, multiplied by the appropriate Tree
6 classification ratio, as described Subsections 35.17.3.1.7 of this subchapter.
7 Dead or Unhealthy Tree: Means any tree certified by a ISA certified arborist, an ASCA registered
8 arborist, a SAF certified forester, or a registered landscape architect, to be dead or significantly diseased
9 beyond recovery, injured, or hazardous and in danger of falling or dying.
10 Development Impact Area: Means and includes any man-made change to improved or unimproved real
11 estate, including but not limited to, accessory buildings or other structures, paving, drainage or utilities.
12 Development activities include: subdivision of land; construction or alteration of structures, roads,
13 parking, fences, pools, signs, temporary uses, utilities, and other facilities; installation of septic systems;
14 grading; excavation, mining or drilling operations; deposit of refuse, debris, or fill materials; and clearing
15 of natural vegetative cover (with the exception of agricultural activities as defined and as permitted).
16 Environmental Sensitive Areas (ESA), Conservation Easements, and Preserved Habitat are excluded from
17 the Development Impact Area,
18 Heritage Trees: All Quality trees with a dbh greater than 18 inches and all Post Oaks with a dbh of six
19 inches or greater.
20 Landmark Trees: A healthy tree that is designated by the property owner on the Texas Big Tree Registry
21 regardless if the tree is protected or a non -protected tree; or a tree designated as a Historic Tree where
22 an event of historic significance occurred that had local, regional, or national importance; or at the
23 home of a citizen who is famous on a local, regional, or national basis; or that has taken on a legendary
24 stature in the community, is mention in literature or documents of historic value, or is considered
25 unusual due to size, age, or other landmark status. Historic Trees shall be designated following the
26 Historic Landmark Designation procedure.
27 Mitigation dbh: The total combined dbh of trees removed that must be mitigated by replanting, or by
28 alternative means as described in subsection 35.17.3.1 of this subchapter. This total is determined by
29 subtracting credits granted for preserved trees from the Preliminary Mitigation dbh.
30 Non -Protected Tree: The following are considered Non -Protected Trees:
31 a. Dead or Unhealthy Trees;
32 b. Tree that poses an imminent or immediate threat to persons or property;
33 c. Crepe Myrtles and ornamental pears;
34 d. Mesquite unless part of a Preserved Habitat or Conservation Easement;
35 e. Honey Locust, unless part of a Preserved Habitat or Conservation Easement; or
36 f. Any tree listed on the Texas Department of Agriculture Noxious and Invasive Plant List.
37
38 Nuisance. Physical or environmental conditions resulting in regular and/or continuous problems
39 affecting the health, safety, and quality of life of citizens.
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Exhibit "A"
40 Preliminary Mitigation dbh: The numeric result determined by multiplying the total Calculated dbh of
41 trees to be removed by 50%.
42 Preserved Habitat: Areas adjacent to an ESA where vegetation is retained to preserve natural ecological
43 conditions and protect wildlife.
44 Protected Trees: Landmark, Heritage, Quality, or Secondary Trees, as defined here or in Subchapter 23.
45 Quality Trees: All healthy non -secondary trees, except Post Oaks that measure between six inches and
46 18 inches dbh.
47 Replacement Inches: The total combined dbh, in inches, of all Protected Trees that are proposed to be
48 removed and that are located within the Development Impact Area.
49 Secondary Tree: A healthy Ash, Bois D' Arc, Hackberry, or Cottonwood tree, with a dbh greater than six
50 inches.
51 Tree Protection Zone (TPZ): is an area shown on a Tree Survey and Preservation Plan and field
52 inspected where construction activities are prohibited or restricted to prevent injury to preserved trees,
53 especially during pre -construction and construction, and includes the Critical Root Zone and/or beyond.
54 35.17.2 — Environmentally Sensitive Areas (ESAs)
55 A. Purpose.
56 This Section is intended to achieve the following goals:
57 1. Manage and protect environmentally sensitive areas within the City.
58 2. Protect the natural and ecological resources that are essential elements of the City's health
59 and community character and which provide irreplaceable plant and wildlife habitat;
60 3. Establish a development framework for the City that respects private property rights, while
61 encouraging them to be used responsibly for the benefit of the entire community;
62 4. Preserve and enhance the City's distinctive community character and quality of life by
63 ensuring that its natural and built environments are consistent with the community vision
64 and values embodied in the comprehensive plan.
65 5. Establish regulations that conform to the requirements of the state and federal government
66 regarding air quality, water quality and environmental protection.
67
68 B. Applicability.
69 1. The standards of this Subsection shall apply to all land and all development within the
70 corporate limits of the City, except as otherwise specifically provided for in this Subchapter.
71 2. The floodplain standards of this Subchapter shall apply to all land and all development within
72 the extraterritorial jurisdiction (ETJ) of the City.
73 3. The type of regulation applicable to the land depends upon the specific ESA classification
74 determined for the property in question on the on the Environmentally Sensitive Areas Map. If
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Exhibit "A"
75 specific ESA regulations conflict with other regulations of this Subsection, the more stringent
76 of the two regulations shall apply.
77 4. Exemptions:
78 a. Property that does not contain any Environmentally Sensitive Areas as depicted on the
79 City's Environmentally Sensitive Areas Map.
80 b. Grading, filling, cutting or other earth -moving activity on any lot involving less than
81 twenty-five (25) cubic yards for residential projects, or fifty (50) cubic yards for non-
82 residential projects.
83 c. Lots platted for with single-family or duplex uses before February 20, 2002.1
84 d. The applicant can demonstrate through an Environmentally Sensitive Area field
85 assessment application the subject property contains no Environmentally Sensitive
86 Areas or their location is not as depicted on the ESA map.
87 C. Official Map,
88 1, Environmentally Sensitive Areas Map.
89 The official map that identifies areas designated as Environmentally Sensitive Areas (ESAs),
90 2, Environmentally Sensitive Areas Map Amendments.
91 a. The map may be updated administratively when an ESA field assessment is conducted
92 for a property and approved by the Director of Development Services.
93 b, The ESA map may be updated administratively when the FEMA 1%Annual Chance Flood
94 Zone s are revised or amended.
95 c. Substantial amendments of the map shall follow the Zoning Amendment Procedure
96 detailed in Subchapter 3. Substantial amendment is defined as changes impacting the
97 whole city, excepting changes caused by the publication of new flood insurance rate
98 maps (FIRMs) by FEMA.
99 3, Environmentally Sensitive Areas Field Assessments.
100 Field assessments are required prior to platting of property when there is reasonable evidence
101 that Environmentally Sensitive Areas, as depicted on the official ESA Map, may not be accurate.
102 ESA field assessments that require map adjustment shall supersede the official ESA Map in
103 determining what areas of a proposed development are subject to the requirements of this
104 Subchapter.
105 a. Information Required.
106 i. Information as required on the Environmentally Sensitive Area Assessment
107 application and checklist must be provided. Additional information deemed
108 appropriate and necessary to process the application may be required for
109 development review and determination of permit completeness.
EXPLANATORY REF,k U...NC.�E..:_D:ute of, adog do n a)t ESA tl� .,,.AIaY ons ,,with 0,enton Deve!91?g1Lm� t (!od ..
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Exhibit "A"
110 b. Expiration.
111 I. An Environmentally Sensitive Areas field assessment shall expire two (2) years
112 after its approval, or if the natural conditions of the ESA have been significantly
113 altered.
114 c, Appeals.
115 i. Appeals to staff determinations shall follow the Zoning Amendment Procedure
116 detailed in Section 35.3.4.
117 4. Text Applicability.
118 The text of this Subchapter, including definitions, describes and regulates the protected ESAs
119 shown on the City's Environmentally Sensitive Areas Map. In the case of any discrepancy, the
120 text of Section 35.17.2 shall control.
121 D. Environmentally Sensitive Areas Criteria Manual.
122 In addition to meeting the requirements expressly established in this Subchapter, all environmentally
123 sensitive areas shall comply with the Environmentally Sensitive Areas Criteria Manual. Where there is
124 conflict between a provision set forth in this Subchapter and a provision of the Environmentally Sensitive
125 Areas Criteria Manual, the provisions of this Subchapter shall apply.
126 E. Criteria for Approval.:
127 1. Review Required.
128 Environmentally Sensitive Area compliance review for residential or non-residential
129 development must be performed as part of a final plat application, site plan application, clearing
130 and grading permit, or any other applicable permission to commence land -clearing activity.
131 2. Information Required.
132 Information as required on the applicable checklist must be provided. Additional information
133 deemed appropriate and necessary to process the application may also be required.
134 3. Criteria for Approval.
135 The requirements of an Environmentally Sensitive Areas review shall be deemed met either
136 upon approval of an alternate environmentally sensitive area plan, as set forth in §35.17.2. J.,
137 below, or when the applicant demonstrates:
138 a. The land development activity complies with the requirements of this Subchapter for
139 floodplains, Riparian Buffers, Water Related Habitat, and Upland Habitat, as well as all
140 other federal, state or local laws as part of the final plat or site plan;
141 b. The land disturbing activity will not cause damage to Environmentally Sensitive Areas
142 adjacent to the areas to be disturbed;
143 c. The land disturbing activity complies with the requirements of Subchapter 18;
144 d. Protective fencing as specified in the Environmentally Sensitive Areas Criteria Manual
145 has been established at the perimeter of the ESA. Protective fencing shall clearly mark
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Exhibit "A"
146 and delineate all ESAs to be protected and preserved for the duration of the land
147 disturbing activities on the property; and
148 e. A wetland delineation by a trained scientist has been performed if encroachments into
149 U.S. Army Corp of Engineers' jurisdictional wetlands are proposed, and a Section 404
150 Nationwide Permit or a Letter of Permission from the U.S. Army Corps of Engineers has
151 been obtained.
152 4. Expiration.
153 The Environmentally Sensitive Area review shall expire when the final plat for residential
154 development approval expires, or when the site plan approval for a non-residential
155 development expires.
156 5. Credit,
157 Any Environmentally Sensitive Area that is preserved may be used towards meeting:
158 a. Park land dedication in accordance with Chapter 22, Article III of the Denton Code of
159 Ordinances.
160 b. Drainage standards in accordance with Subchapter 19.
161 F, Floodplain Development ESAs.
162 Upon field verification, areas designated as FEMA 1% Annual Chance Floodplain would be classified
163 according to the existing conditions as Developed or Undeveloped floodplains.
164 1. Developed Floodplain.
165 a. Development within the Developed Floodplains shall comply with Subchapter 35.19
166 Drainage Standards.
167 b. Section 35.17.2.G applies when Riparian buffers and Water -related habitats are nested,
168 partially or wholly, inside Developed floodplain ESAs.
169 c. Gas well drilling and production within developed floodplains shall comply with
170 Subchapter 35.22 (Gas Well Drilling and Production).
171 2. Undeveloped Floodplain.
172 The following uses and activities are regulated in the Undeveloped Floodplain.
173 a. Permitted Uses and Activities.
174 The following permitted uses and activities are allowed if compliant with the Subchapter
175 19 Drainage Standards and Chapter 30 of the Code of Ordinances:
176 i. The planting of any new trees or vegetation.
177 ii. Restoration or enhancement of floodplains, riparian buffers, water related
178 habitats, upland habitats, wetlands and streams as required by federal and state
179 standards.
180 iii. The placement of public or private utility facilities, such as sewer, storm water,
181 water, electricity, gas, or other utilities as long as the disturbed area is restored to
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Exhibit "A"
182
minimized erosion and promote the recovery of the Environmentally Sensitive
183
Areas, and when adequately flood proofed.
184
iv.
Measures to remove or abate nuisances, the removal of invasive plant species, or
185
any other violation of federal, state or local law, with the approval of the
186
Department of Environmental Services.
187
V.
Parking lots, subject to the limitations on fill as specified in Section 35.17.2.F.2.c
188
and constructed of pervious materials.
189
vi.
Parks, open space, recreational uses, trails, walkways and bike paths.
190
vii.
Storm water quality controls.
191
viii.
Construction of roadways identified on the Mobility Plan as long as the disturbed
192
areas are restored to minimize erosion and promote the recovery of the
193
Environmentally Sensitive Area subject to the Director of Environmental Services
194
approval.
195
ix.
Routine repair and maintenance of existing structures, roadways, driveways,
196
utilities, and accessory uses.
197
X.
Agricultural activity permitted through Nationwide Permit 40 (NWP 40),
198
Agricultural Activities pursuant Section 404 of the Clean Water Act or any other
199
federal permits.
200
xi.
Any action taken by federal, state, or local officials in an emergency to mitigate an
201
existing or potential hazard.
202
xii.
The construction of a private driveway, as long as the disturbed areas are restored
203
to minimize erosion and promote the recovery of the Environmentally Sensitive
204
Area subject to the Department of Environmental Services approval.
205
xiii.
Gas well drilling and production shall comply with Subchapter 35.22 Gas Well
206
Drilling and Production.
207
xiv.
Fill activities subject to the limitations of Section 35.17.2.F.2.c.
208
xv.
Culverts and bridges, as long as the disturbed areas are restored to minimize
209
erosion and promote the recovery of the Environmentally Sensitive Area subject to
210
the Department of Environmental Services approval. Culverts and bridges are
211
exempt from the limitations of Section 35.17.2.F.2.c.
212
b. Prohibited Uses and Activities.
213
The following prohibited uses and activities are not allowed in Undeveloped Floodplains:
214
i.
Placement, handling, processing, or storage of hazardous waste. Hazardous waste
215
and solid waste landfills.
216
ii.
Land disturbing activity not authorized by a U.S. Army Corps of Engineers Section
217
404 Permit or Letter of Permission.
218
iii.
Any new structures or additions, including garages and carports, and storage sheds
219
located within the area mapped as Undeveloped Floodplain.
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220
221
222
223
224 C.
225
226
227
228
229
230
231
232
233
234
Exhibit "A„
iv. Tree and understory vegetation removal, except as allowed by Subsection 35.22.9
and 35.19.4.E.2.
V. Septic tanks, septic tank drain fields, and other forms of on -site wastewater
treatment.
Standards for fill in Undeveloped Floodplains.
The following are standards for fill in the Undeveloped floodplain:
I. Filling of any floodplain of a stream that drains more than one (1) square mile is
prohibited unless the fill on any lot is less than fifty (50) cubic yards or three
hundred (300) cubic feet per acre, whichever is greater.
ii. Up to fifteen (15) percent of the floodplain valley storage may be filled if the stream
drains less than one (1) square mile.
iii. In addition to meeting the requirement for fill set above, all fill activities in the
Undeveloped floodplain shall comply with the Environmental Sensitive Area
Criteria Manual, Subchapter 19 Drainage Standards, and federal law.
235 G. Riparian Buffer and Water Related Habitat ESAs .
236 The following section defines permitted and prohibited uses and activities within Riparian Buffers and
237 Water Related Habitats. In areas where multiple types of ESA overlap the standards, permissions, and
238 prohibitions specified for those other types of ESA as outlined in this Subsection also apply.
239 1„ Permitted Uses and Activities.
240 a. Placement of private residential yard amenities, including but not limited to: gardens,
241 yards, trails, and clearings, that would result in disturbing up to ten (10) percent of the
242 area, but in no instance shall the protective buffer width be decreased below twenty-
243 five (25) feet, measured each direction from the centerline of the existing channel, or
244 the outer edge of surface water bodies. No disturbance is permitted in delineated
245 wetlands.
246 b. Riparian buffers nested, partially or wholly, inside Developed floodplains may be
247 disturbed up to ten (10) percent of the area, but in no instance shall the protective
248 buffer width be decreased below twenty-five (25) feet measured each direction from
249 the centerline of the existing channel, or from the outer edge of surface water bodies.
250 No disturbance is permitted in delineated wetlands.
251 c. Repair, replacement or improvement of public utility facilities where the disturbed
252 portion of the Environmentally Sensitive Area is restored, and vegetation listed as
253 invasive is removed and replaced with vegetation from the City's Native Plant List in the
254 Site Design Criteria Manual.
255 d. Additions, alterations, rehabilitation, or replacement of existing structures that do not
256 increase the existing structural footprint in the Riparian Buffer or Water Related Habitat.
257 Any disturbed areas must be restored using native vegetative cover.
258 e. Stream, wetland, riparian and upland enhancement or restoration projects.
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Exhibit "A"
259 f. Agricultural activity, including buildings and structures, permitted through Nationwide
260 Permit 40 (NWP 40), Agricultural Activities pursuant to Section 404 of the Clean Water
261 Act, or any other federal permit.
262 g. Routine repair and maintenance of existing structures, roadways, driveways, utility
263 facilities, accessory uses and other development.
264 h. Construction of roadways identified on the City Mobility Plan, as long as the disturbed
265 areas are restored to minimize erosion and promote the recovery of the
266 Environmentally Sensitive Area, and subject to the Director of Environmental Services
267 approval.
268 i. Measures to remove or abate nuisances, or any other violation of state statute,
269 administrative rule, or City Code of Ordinances.
270 j. Any action taken by the City in an emergency to mitigate an existing or potential hazard.
271 k. Gas well drilling and production within riparian buffers and water related habitats shall
272 comply with Subchapter 35.22 Gas Well Drilling and Production and with the use
273 regulations in Subchapter 35.5.
274 2. Prohibited Uses and Activities.
275 The following uses and activities are not allowed in Riparian Buffers and Water Related Habitats:
276 a. Land disturbing activity not authorized by a US Army Corps of Engineers Section 404
277 Permit Letter of Permission.
278 b. Tree and understory vegetation removal, except as allowed by Subsection 35.19.4.E.2.
279 c. Placement, handling, processing, or storage of hazardous waste.
280 d. Any structures, including storage sheds, garages and carports.
281 e. Septic tanks, septic tank drain fields, and other forms of onsite wastewater treatment.
282 H. — Cross Timbers Upland Habitat ESAs.
283 The following section defines permitted and prohibited uses and activities within Upland Habitat In areas
284 where multiple types of ESA overlap the standards, permissions, and prohibitions specified for those other
285 types of ESA as outlined in this Subsection also apply.
286 1. Permitted Uses and Activities:
287 a. Residential development shall be designed to retain a contiguous fifty (50) percent of
288 the area defined as Upland Habitat, which shall remain predominantly in its natural
289 state. Preservation of upland habitat contiguous to forested areas on adjacent
290 properties or parcels is strongly encouraged. Trees removed shall be considered part of
291 the Development Impact Area of a site and will be subject to tree preservation and
292 landscape requirements.
293 b. Non-residential development shall be designed to retain thirty (30) percent of the area
294 defined as Upland Habitat, which shall remain predominantly in its natural state.
295 Preservation of upland habitat contiguous to forested areas on adjacent properties or
296 parcels is strongly encouraged. Trees removed shall be considered part of the
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Exhibit "A"
297 Development Impact Area of a site and will be subject to tree preservation and
298 landscape requirements.
299 c. Selective pruning conducted by or under the supervision of an International Society of
300 Arboriculture (ISA) certified arborist is allowed to remove up to one -quarter of the
301 preserved canopy area for the purposes of tree health, subject to the approval of the
302 Environmental Services Department.
303 d. Enhancement or restoration projects as approved by the Department of Environmental
304 Services. Funds expended on an approved enhancement or restoration project may be
305 credited against required replacement in Section 32.17.2.1.
306 2. Prohibited Uses and Activities.
307 a. Septic tanks, septic tank drain fields, and other forms of on -site wastewater treatment are
308 prohibited in areas set aside for required preservation.
309 1. Development Clustering
310 Development clustering is encouraged to minimize impact to the natural environment. Clustering shall be
311 designed to maintain a contiguous forested area.
312 J. Alternative Environmentally Sensitive Area Plans.
313 1. Approval Process.
314 The Alternative Environmentally Sensitive Area Plan provides the option to address the
315 regulations through a flexible discretionary process utilizing the Zoning Amendment Procedure
316 outlined in Subchapter 35.3.4.
317 2, Development Impact Area
318 If an Alternative Environmentally Sensitive Area Plan is approved, any areas of the ESA in which
319 encroachment is permitted are considered part of the Development Impact Area of a site and
320 are subject to tree preservation and landscape requirements.
321 Areas of ESA that are to be left undisturbed will be excluded from the Development Impact
322 Area. Additionally, areas restored or provided as mitigation as part of an approved Alternative
323 ESA plan will be excluded from the Development Impact Area.
324 3. Criteria for Approval.
325 City Council may approve the alternative plan with conditions necessary to mitigate the impacts
326 of the proposed development upon considering the factors and goals noted in this section.
327 a. Mitigation goals are obtained by creating, expanding, and/or improving
328 environmentally sensitive areas.
329 b. Mitigation goals are obtained by preserving environmentally sensitive areas above the
330 minimum requirements, exchanges between different types of ESAs, installing pollution
331 prevention controls, and/or implementing best management practices or any other
332 approaches that result in the improvement of the environment being impacted.
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Exhibit "A"
33 c. Areas offered as mitigation are linked to existing or planned open space or conserved
334 areas to provide an overall open space system.
335 d. Development is arranged for maximizing access and utilization of the environmentally
336 sensitive areas by citizens.
337 e. Areas offered as mitigation are placed either in a lot or lots that incorporate a
338 permanent conservation easement, a preserved habitat, restrictive covenants, or such
339 other legal mechanism to allow for the long term conservation of said areas. Such legal
340 mechanisms shall limit any future land disturbing activity or construction within the
341 environmentally sensitive areas, shall run with the land, and shall be binding upon all
342 successors and assigns of the current owner.
343 f. The Alternative Environmentally Sensitive Area Plan shall demonstrate that the property
344 owner's alternative proposal results in a high -quality development meeting the intent
345 of the standards in the Denton Development Code.
346 4, Information Required.
347 Information as required on the alternative environmentally sensitive areas plan checklist must
348 be provided. Additional information deemed appropriate and necessary to process the
349 application may also be required.
350
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Exhibit "A"
351 35.17.3 —Tree Preservation
352 A. PURPOSE AND INTENT.
353 1. Purpose. The Denton Plan identifies the importance of environmental management, while
354 allowing reasonable and responsible development of land within the City. Towards this end, the
355 purpose of these regulations is to promote the preservation and expansion of tree canopy,
356 facilitate site design and construction that contributes to the long term viability of existing trees,
357 and to establish a process to manage the removal of tree canopy. Further, this Subchapter is
358 intended to accomplish the following public purposes:
359 a. Protect trees and promote the ecological, environmental, and aesthetic values of the
360 City;
361 b. Maintain and enhance a positive image of the City through the preservation,
362 mitigation, and planting of trees;
363 c. Prevent the untimely and indiscriminate removal or destruction of trees and clear-
364 cutting of land;
365 d. Provide for a permitting and enforcement procedure;
366 e. Preserve the public health, safety, and general welfare of citizens;
367 f. Encourage the protection of healthy trees and provide for the replacement of trees that
368 are necessarily removed during construction, development, or redevelopment;
369 g. Provide for the preservation and protection of larger native and established trees, which
370 provide a valuable amenity to the urban environment and which, once destroyed, can
371 only be replaced after generations, if at all;
372 h. Enhance and preserve established tree stands adjacent to Environmental Sensitive Areas
373 in order to further protect wildlife habitats and reduce impacts from new developments;
374 i. Provide for shade, windbreaks and the cooling of air; thereby, reducing dependence upon
375 air conditioning and its drain upon nonrenewable energy sources;
376 j. Provide for open space and more efficient drainage of land; thereby, reducing the effects
377 of soil erosion and the need for additional drainage facilities.
378
379
380 B. APPLICIBILITY
381 1. Unless exempted by subsection B.2, below, the requirements of 35.17.3 apply to:
382 (a) Undeveloped land;
383 (b) All nonresidential and multifamily property to be redeveloped including additions or
384 alterations, but not including interior alterations or exterior alterations that do not
385 change the footprint of the building, and that do not require the removal of trees;
386 and
387 (c) Existing single-family and two-family properties applying for a demolition permit for
388 the primary structure, provided that the minimum dbh for protected trees shall be
389 ten inches or greater.
390 2. Exemptions
391 (a) Agricultural operations under Tex. Agric. Code Sec. 251.002(1)
392 (b) Property on which a single-family or two-family residential dwelling unit(s) exists
393 i. Trees designated for preservation on an approved Tree Survey or
394 Preservation Plan and/or an associated Plat shall be preserved unless
395 otherwise exempt under Texas Local Government Code 212.905 or its
396 successor
Conservation & Landscape 3/15/2019 12:36 PM 11
Exhibit "A"
397 (c) Any tree determined to be diseased beyond recovery, dying, dead, creating a public
398 nuisance or damaging a foundation by a qualified professional.
399 (d) Any tree determined to be causing a danger, or to constitute a hazardous condition,
400 as a result of a natural event such as tornado, storm, flood or other act of God, that
401 endangers the public health, welfare or safety and requires immediate removal.
402 (e) Any tree listed on the Texas Department of Agriculture Noxious and Invasive Plant
403 List
404 (f) Clearing of understory necessary to perform soil borings, boundary surveying of real
405 property, to conduct tree surveys or inventories, or to install tree protection
406 fencing, provided that clearing for surveying shall not exceed a width of four (4) feet
407 for general survey (e.g., of easement boundary) and eight (8) feet for survey of
408 property boundary lines, and provided that any Protected Tree having a dbh of ten
409 (10) inches dbh or greater may not be removed under this exemption. For the
410 installation of tree protection fencing the clearing shall not exceed a width of four
411 (4) feet, measured radially from the trunk, and must not encroach into the dripline
412 or critical root zone of any tree to be protected.
413 (g) Site Plan, Preliminary or Final Plat applications, or a Building Permit application
414 deemed complete as of the effective date of this Subchapter.
415
416 C. TREE REMOVAL PERMIT
417 1. New Development/Construction. In the event it becomes necessary to remove a Tree for
418 development or construction, a Tree Removal Permit is required. No protected tree may be
419 removed for development or construction until the final plat has been approved and the
420 Building Official has properly issued a Tree Removal Permit for that purpose. In instances
421 where a final plat is not required, proposed removal of protected trees shall be reviewed with
422 any required site plan for development.
423 a. All areas within the public rights -of -way, utility easements or drainage easements, as
424 shown on an approved Plat, and areas designated as cut/fill on the related drainage plan
425 approved by the City Engineer, shall be subject to the requirements of this Subchapter.
426 2. Municipal/Public Property. Property owned by the City of Denton, State of Texas, a political
427 subdivision of the State of Texas, or any public school, pubic school district, or nonprofit
428 charter school shall be subject to requirements of Section 35.17.3.
429 3. Tree Removal Permit Required
430 a. No Protected Trees may be removed or transported until authorized by a Tree Removal
431 Permit. It shall be an affirmative defense to prosecution that permitting is exempted by
432 35.17.3.C.3.b or 35.17.3.C.4.
433 4. Tree Removal Permit Review and Approval Process.
434 a. Applicant submits a complete application, along with the applicable fees.
435 b. A Tree Survey and Tree Preservation Plan is required for all new development, in
436 accordance with subsection 35.17.3.F.
437 c. A Tree Removal Permit is valid for one hundred eighty (180) days, or for the duration
438 of a Building Permit, Clearing and Grading Permit, or Clearing and Grubbing Permit
439 issued in conjunction with the Tree Removal Permit, whichever is longer.
440 d. Protected trees shall not be removed until:
441 i. Proper mitigation or replacement requirements have been determined and
442 approved for the lot or site on an approved Tree Survey and Preservation Plan;
443 and
Conservation & Landscape 3/15/2019 12:36 PM 12
Exhibit "A"
444 ii. A preconstruction meeting has been held with proper city staff authorizing
445 grading and construction activities to begin on the lot or site; and/or
446 iii. A tree removal permit has been issued for the lot or site.
447
448 5. Standard for Relocating Heritage and Quality Trees.
449 All permitted tree relocations shall comply with applicable American National Standards for Tree
450 Care Operations ANSI A300.
451 6. Permits Issued for Public Need, Danger, or Calamity
452 a. The Director or designee may issue a permit for the removal of a Protected Tree, provided
453 that it:
454 i. is determined to be in a hazardous or dangerous condition so as to endanger the
455 public health, welfare, or safety;
456 ii. hinders or obstructs the construction, maintenance, repair, or replacement of
457 City streets, water and sewer lines, and drainage and storm sewer;
458 iii. is located in any right-of-way required under the Mobility/Thoroughfare plan to
459 be dedicated to, and accepted by the City. This does not include trees being
460 removed for proposed driveways, right and left turn lanes, or median openings
461 required or warranted by a development. Trees removed in these instances shall
462 be replaced per Section G;
463 iv. hinders or obstructs the construction, repair, maintenance, or replacement of
464 public improvement projects, including, but not limited to, major collection lines
465 for sanitary sewer, distribution lines for water, collection and management of
466 storm water runoff, and thoroughfares designated for construction in the City's
467 Capital Improvement Project plan, Water and Sanitary Distribution Line Maps, or
468 Mobility/Thoroughfare Plan;
469 v. is damaged or killed by a tornado, ice or wind storms, flooding, or other acts of
470 nature; or
471 vi. is otherwise required by statute.
472
473 D. TREE PROTECTION REQUIREMENTS DURING CONSTRUCTION
474
Property owners shall adhere to the following tree protection measures on all construction sites,
475
consistent with Figure 17-1.
476
1. Prior to grading, brush removal, or construction, the developer shall clearly tag or mark all
477
trees to be preserved.
NO GRADING,STO GE. PARKING OR
478
2. The developer shall erect an orange
ANY OTHER CONTRICTION ACTIVITY
WITHIN THE PROTECTION FENCE .
479
plastic mesh fence, or other approved
ALIGNMENT OF PROTECTION
�1 �
480
fencing material, a minimum of 4 feet in
FENCTO
THE PLI TEND TO ti� " . _a EXISTING TREE
AS
MINIMUMTO BE SAVED
M
481
height around each tree or group of trees
482
to prevent the placement of debris,"
483
equipment, or fill within the dripline or
DRIP LINE
�
484
critical root zone. The fence shall be
4 O NGESAFETY - i �"° � PDT-PO5T
A
FENCE OR APPROVED OR APPROVED
�;
485
installed prior to the release of any
EQUAL
EQUAL tl 1�
486
permit. If the protection fence IS found
' , --EAI II1"GGRACE
WITHIN FENCE TOREMAIN
487
removed, damaged, or altered at any��
488
time during construction, prior to final:
.e...e .
489
inspection or landscape installation, a
TREE PROTECTION DETAIL
Figure 17- 1
Conservation & Landscape 3/15/2019 12:36 PM 13
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
536
3
4
5
Exhibit "A"
stop work order may be issued by the Building Official.
During the construction phase of development, the developer shall prohibit cleaning, parking,
or storage of equipment or materials under the canopy of any tree or group of trees required
to be preserved. The developer shall not allow the disposal of any waste material harmful to
tree growth and health, such as, but not limited to, paint, oil, solvents, asphalt, concrete, or
mortar in the dripline area.
No attachments or wires of any kind, other than those intended to identify or protect a
protected tree, shall be attached to any tree.
No fill or excavation may occur within the drip line of a tree to be preserved unless there is a
specific approved plan for use of tree wells or retaining walls. Any plan proposing the use of
tree wells or retaining walls within the drip line of a tree to be preserved shall be designed by
a licensed landscape architect. Major changes of grade (4 inches or greater) will require
additional measures to maintain proper oxygen and water exchange with the roots. In
addition, the developer should adhere to the following guidelines to protect the trees to be
preserved:
a. With grade changes, a reinforced
retaining wall or tree well of a design
approved by the city should be
constructed around the tree no closer
than half the distance between the trunk
and the drip line. The retaining wall
should be constructed so as to maintain
the existing grades around a tree or group
of trees.
b. At no time should a wall, pavement, or
porous pavement be placed closer than 5
feet or one foot for every 2 inches in
caliper, whichever is greater, to the trunk
of the tree. ROOT PRUNING DETAIL
c. In instances where tree wells or retaining 'HAND DIG TRENCH (NO MECHANICAL TRENCHING)
walls are approved, root pruning may be 'CUT ROOTS WITH A SHARP PRU NING TOOL
'SACKFILL WITH EXISTING SOIL
necessary when the critical root zone is to 'PERFORM ROOT PRUNINI3AMINIMUM OF2WEEKS PRIOR
be disturbed. See Figure 17-2. TocoNraucTlaN
d. If a patio, sidewalk, drive, parking lot, or Figure 17-2
other paved surface must be placed
within the drip line of an existing tree, material such as a porous pavement or other
approved construction methods that will allow the passage of water and oxygen may
be required.
E. TREE SURVEY AND PRESERVATION/REPLACEMENT PLAN
1. Tree Survey and Preservation/Replacement Plan is required for the Development Impact
Areas and must accompany the initial application for a site plan, preliminary plat, replat, gas
well site plan, or a clear and grade permit, regardless of the number of trees present on a
property.
2. A Tree Survey and Preservation/Replacement Plan may be required to accompany a zoning
application, Specific Use Permit, or planned development amendment where tree and
Conservation & Landscape 3/15/2019 12:36 PM
14
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
568
569
570
571
572
573
574
575
576
577
578
579
580
581
Fvhihit "All
landscaping requirements are relevant to the requested zoning or development amendment,
as determined by the Director.
3. Each Tree Survey and Preservation Plan shall contain, but not be limited to, the following
required elements:
a. The locations of all Trees to be preserved and removed on the subject site.
b. A table containing the following information for all trees:
(1) Tree number;
(2) Common name of each tree;
(3) dbh of each tree;
(4) General health and condition of each Tree;
(5) Average canopy spread;
(6) Classification (Quality, Heritage, Landmark, Secondary, or Non -Protected)
and Status (Preserve or Remove) for each tree; and
(7) Mitigation worksheet as shown in Table 1.1, as applicable.
4. The Tree Survey and Preservation/Replacement Plan shall be prepared by or under the
supervision of an ISA certified or ASCA registered arborist, a SAF certified forester, botanist,
professional land surveyor that has documented completion of at least 8 hours of training in
Texas tree identification, or a registered landscape architect.
5. Phased Residential Subdivisions. Residential subdivisions that are to be developed in phases
must provide a plan that complies with the preservation requirements at full buildout as
approved on the preliminary plat or general development plan.
6. Any subsequent redevelopment of property must preserve the minimum percentage of dbh
inches as indicated by the initial Tree Survey and Preservation/Replacement Plan.
7. A notation must be placed on the Preliminary Plat, Final Plat, Site Plan, and Building Permit
identifying the dbh of trees to be preserved and the location of the lots that contain Preserved
Trees. The notation shall limit any future unauthorized land disturbing activity or construction
that would impact and/or damage the tree(s) preserved.
8. A tree survey and preservation plan shall be approved if the minimum preservation and
replacement requirements are met.
9. If there are no Protected Trees on a property, then a signed and notarized letter indicating such
shall be prepared by or under the supervision of an ISA certified or ASCA registered arborist, a
SAF certified forester, botanist, professional land surveyor that has documented completion of
at least 8 hours of training in Texas tree identification, or a registered landscape architect and
submitted with the initial development application.
F. ALTERNATE TREE PRESERVATION PLAN
1. The Alternative Tree Preservation/Replacement Plan provides the option to further the
purpose and intent of these regulations through a flexible process reviewed and
approved by the Director for one of the following purposes:
a. To allow trees measuring below the minimum dbh to be counted for Protected
Trees when:
i. The allowance would result in the preservation of a greater number of
Post Oak trees, regardless of dbh; or
ii. The preservation of a Protected Tree(s) would cause a substantial
burden, but smaller dbh non -secondary trees are located in such a way
Conservation & Landscape 3/15/2019 12:36 PM
15
Exhibit "A"
582 that the trees can be incorporated into the site design, such as the
583 parking lot, buffer, or front yard landscaping.
584 b. To allow Secondary Trees to count towards the minimum required preservation
585 instead of Quality Trees.
586 2. Criteria for Approval.
587 a. The proposed Alternative Tree Preservation Plan adequately achieves, or is an
588 improvement on, the intent of the requirements of this Subsection; and
589 b. The proposed site design has minimized the loss of Protected Trees to the greatest
590 extent possible or has maintained existing tree stands.
591 3. Replacement Trees. Required replacement and mitigation contained in subsections H
592 and I shall be required for those alternatives 1.a and 1.b above.
593
594 G. MINIMUM PRESERVATION REQUIREMENTS
595 1. Landmark Trees — 100% of all Landmark trees must be preserved.
596 2. Heritage and Quality Trees -A minimum of 30% of the total dbh must be preserved within the
597 Development Impact Area. Removed trees shall be replaced in accordance with subsection 1
598 and subsection J if applicable.
599 a. The 30% minimum preservation requirement may be reduced to 20% if:
600 i. The 20% preserved dbh is in either a dedicated Conservation Easement or in
601 a Preserved Habitat. All Protected and Non -Protected trees, unless dead or
602 diseased, that are greater than six inches (6") dbh may be counted toward
603 meeting the 20% requirement.
604 1. Preserved Habitats may be dedicated as a Conservation Easement, and if
605 not dedicated as a Conservation Easement must otherwise be restricted
606 on a plat. Preserved Habitat shall contain the prescribed minimum
607 preservation amount, contain a stand of trees and understory, and shall
608 be the greater of 10% of the property or 5,000 square feet.
609 ii. All other trees remaining in the Development Impact Area but removed shall
610 be replaced in accordance with subsection I and J, if applicable.
611 b. Properties without a Preserved Habitat or Conservation Easement, may reduce
612 the 30% minimum to 20% provided:
613 i. The 10% reduced is mitigated at the rates described below:
614 1) Heritage Tree(s) —Two and three-quarter (2.75) inches for every
615 inch removed; and
616 2) Quality Tree(s) — Two and one -quarter (2.25) inches for every
617 inch removed.
618 ii. All other trees remaining in the Development Impact Area but removed shall
619 be replaced in accordance with subsection I and J, if applicable.
620 3. Secondary Trees —There is no minimum preservation of Secondary Trees required when there
621 are Quality and Heritage Trees located on a property. In instances where there are no Quality
622 or Heritage Trees located on a property, then a minimum of 20% of the total dbh of Secondary
623 Trees on the property must be preserved within the Development Impact Area. Preservation
624 Relief — City Council may approve relief of the Preservation Requirements in accordance with
625 Section 35.3.11 Tree Preservation Relief Provisions.
626
627 I. TREE REPLACEMENT
Conservation & Landscape 3/15/2019 12:36 PM 16
Exhibit "A"
628 1. In the event that it is necessary to remove a Protected Tree(s) as allowed in this chapter, the
629 applicant shall be required to replace the tree(s) being removed with healthy trees or pay a
630 mitigation fee as explained hereafter.
631 a. If it is determined that tree replacement is required, the Tree Preservation/Replacement
632 Plan must be approved prior approval of a final plat or replat and a note shall be placed
633 on that plat referencing the approved tree replacement plan.
634 b. If platting is not required, the tree replacement plan shall be included as part of a site
635 plan approval or tree removal permit.
636 2. In accordance with Texas Local Government Code, Section 212.905, as amended, replacement
637 trees must:
638 a. be planted on property in which they were removed; or
639 b. be planted at a location mutually agreed upon by the city and the property owner; and
640 c. measure at least two inches (2") dbh when planted.
641 3. In order to ensure biodiversity and protect against tree disease, if twenty (20) or more
642 replacement trees are planted, no one species of tree may exceed thirty percent (30%) of
643 the total new trees on the site.
644 4. To determine the Replacement Inches required by this section, the applicant shall inventory
645 and combine the total dbh of all protected trees that are to be removed and that are located
646 within the Development Impact Area.
647 5. This inventory shall be separated into dbh removed per protected tree classification, as
648 calculated using the following replacement rates or the rates:
649 a. Heritage Tree —Two and one-half (2.5) inches for every inch removed;
650 b. Quality Tree —Two (2) inches for every inch removed; and
651 C. Secondary Tree— Four (4) inches for every tree removed.
652 6. The total of the required inventories represents the Replacement Inches that shall be
653 replaced through new tree plantings or preservation of existing trees.
654 a. New Trees required to satisfy the landscaping provisions of this chapter shall be
655 counted towards satisfying this requirement.
656 7. Once each Tree on the site is inventoried, tree mitigation shall be calculated as follows and as
657 shown in Table 1.1:
658 a. The Calculated dbh of each Tree shall be the dbh of the Tree multiplied by the
659 appropriate classification ratio as described section 1.5 above. The Total Calculated
660 dbh shall be the sum of all these Trees.
661 8. In accordance with Texas Local Government Code Section 212.905, as amended, a credit of
662 fifty percent (50%) shall automatically be given to the Total Calculated dbh for all residential
663 development, and forty percent (40%) for non-residential development. The Preliminary
664 Mitigation dbh is 50% of the Total Calculated dbh for all residential, or 40% for
665 nonresidential. Mixed Use developments shall be credited at the residential rate of 50%.
666 9. Tree Preservation Credit. Additional Credit shall be given for all protected trees that are
667 preserved. Preserved Credits shall be the sum of:
669 a. A four (4) inch credit against mitigation for each one inch of Preliminary
670 Mitigation dbh shall be applied to the preservation of any Landmark Tree, or any
671 trees preserved within a Conservation Easement or Preserved Habitat;
672 b. A three (3) inch credit against mitigation for each one inch of Preliminary
673 Mitigation DBH shall be applied to the preservation of any other Heritage Tree.
Conservation & Landscape 3/15/2019 12:36 PM 17
Exhibit "A"
674
c. A two (2) inch credit against mitigation for each one -inch Preliminary Mitigation dbh
675
shall be applied to the preservation of any other Quality Tree.
676
d. Preserved Credit for Secondary Trees. An additional Preserved Credit may be
677
credited against Preliminary Mitigation dbh for preserved Secondary Trees,
678
provided:
679
i. The minimum preservation of 30% is achieved for Heritage and Quality
680
Trees; and
681
ii. A one-half (.5) inch credit against mitigation for each one -inch Preliminary
682
Mitigation DBH shall be applied to the preservation of Secondary Trees
683
iii. Credit for preserved Secondary Trees may not exceed 50% of the preserved
684
DBH of Quality Trees.
685
686
Conservation & Landscape 3/15/2019 12:36 PM 18
Exhibit "A"
la I
dbh
_._..���.------- ........ — - - -
Total dbh��� 120
on -Protected . __. ..... — _. ......... .........
rotected 20
dbh
----------........................... _ _ ...... mm.._.__
Total Protected 100
dbh
Requred...........------- 30 �� ............. _-.- �_.�....—....__
Preservation
(30%)
Dead Tree dbh 0
Protected Trees Removed
TypeReplacement
.�... �,,,,,�_ ��� ............
ypdbh Re placement Calculated dbh
Removed Ratio
Heritage
_ .._ ... .... .......... —.
Heritage 40 2.5:1 100
�...............___.._. -------- .....
. ---- .....-- -----------------
uality 30 2:1 60
__. ---------- ---- ..... --- .......--
Subtotal 70 ..... _. _ w . 160
��.�. .�...... ...W. — Trees ........_..Re lacemen.,,....
P
t ...,..., Calculated dbh
Removed Ratio
— ......
S.... _ �.... �.�� ._ _...,
econds 4 4": 1 tree I6
Total— --- ---- .......... ,,,.... �� — �� ----- 176
P88
reliminary Mitigat. . .........ion dbh ���� _.___
E ductio
Trees Preserved
e.............. m..,... dbh __ Pre-______... �.....� ...�� �....
yP served Credit
Preserved
Heritage 20 ::1 60
......
. �___.- ... ----- ---- . ------ ��. ----
Quality 10 2:1 20
-----.... ---------- _ - ......... .__.... — _ . .
Secondary 5 0.5:1 2.5
Total.... �m 3.8 ... _82.5
.,,
/i r
t„d� i„i/�
. .. / ,o��/
688
689
690 10, After calculating the Preliminary Mitigation dbh and subtracting the Preserved Credits,
691 any remaining dbh is defined as the Mitigation dbh. The Mitigation dbh is required to be
692 satisfied either by the planting of new trees on site with an equivalent total dbh or by
693 using one of the alternative methods described in subsection I.
Conservation & Landscape 3/15/2019 12:36 PM 19
Exhibit "A"
694 11. If any Preserved or Replacement Tree(s) dies within three (3) years of initial planting or
695 issuance of a Certificate of Occupancy, the current property owner shall be subject to the
696 same replacement per these requirements, unless otherwise exempt or deemed a non-
697 protected tree.
698
699
700 J. ALTERNATIVES TO TREE REPLACEMENT REQUIREMENTS
701 In order to satisfy the Mitigation dbh, the property owner may utilize any combination of alternative
702 methods of compliance listed below. These alternative methods may also be used in combination
703 with or in lieu of tree replacement, so long as the total replacement dbh is satisfied by one or all
704 methods.
705 1. Payment in Lieu of Replacement
706 a. Payment in lieu may be made in the amount prescribed separately and periodically by
707 ordinance, and, if made, such a payment shall be deposited into the Tree Fund for the
708 purposes described in Subsection K. This amount is calculated by the average cost incurred
709 by the City for the purchase, planting, and irrigation of a two-inch tree for three years.
710 b. The applicant must pay the fees contributed to the Tree Fund prior to the issuance of a Gas
711 Well Site Plan, or the filing of a Final Plat in the Denton County Clerk's Office. If platting is not
712 required, payment shall be prior to issuance of a Tree Removal Permit.
713 c. Notwithstanding any other provision in this subsection 35.17.3.1.4, no tree mitigation fee may
714 be collected or enforced in contravention of State law.Z
715 2. Tree Donation. The property owner may donate the replacement Tree(s) to the City's Parks
716 Department for planting within the City, with the approval of the Parks Director.
717 3. Conservation Easement. The property owner may request to grant a conservation easement
718 by plat to the City that includes Protected Trees and non -protected trees beyond the
719 minimum preservation amount, and with a combined dbh equal to or exceeding the dbh for
720 which mitigation is being requested.
721 a. In addition to the tree survey and preservation/replacement plan, a detailed baseline
722 document describing the property's physical and biological condition, the general age of
723 any Tree stands, locations of easements and construction, and the conservation values
724 protected by the easement, shall be required.
725 b. The City may decline the request for a conservation easement for any reason; however, a
726 request so declined will not satisfy the mitigation requirement, and mitigation must be
727 achieved in a different manner as described above
728
729 K. TREE FUND
730 1. The City shall administer and use the Tree Fund to:
731 a. purchase, plant, and maintain trees;
732 b. Conduct maintenance on conservation easements dedicated in accordance with this
733 subsection;
734 c. preserve wooded property in a naturalistic state in perpetuity;
735 d. perform and maintain a City-wide tree inventory;
2 STATE LAW REFERENCE —Tex. Loc. Gov't Code sec. 212,905, as modified or amended, which limits the authority
of a municipality to charge a tree mitigation fee under certain specified circumstances.
Conservation & Landscape 3/15/2019 12:36 PM 20
Exhibit "A"
736 e. educate citizens and property owners on the preservation, care, maintenance, benefits
737 and value of trees within the City of Denton; and
738 f. support programs for the public purpose of increasing the tree canopy within the City
739 of Denton as approved by City Council.
740 2. Proceeds from the Tree Fund shall not be used to meet any requirements for preservation,
741 mitigation, landscaping, buffering, streetscaping, or similar requirements in the Denton
742 Development Code or the Denton Code of Ordinances.
743 3. Voluntary contributions for tree planting shall be placed in the Tree Fund.
744
745
746
Conservation & Landscape 3/15/2019 12:36 PM 21
Exhibit "A"
747 35.17.4 - Landscape and Tree Canopy Requirements
748 A. Purpose. The City recognizes landscaping, tree preservation, buffering, and screening as
749 important activities to:
750 1. Blend the built and natural environment and preserve the natural landscape;
751 2. Mitigate or minimize potential nuisances, such as noise, light, glare, dirt, litter, signs,
752 parking, or storage areas, and to provide a transition between uses;
753 3. Conserve water resources by using sustainable design and maintenance techniques and
754 low-water plant species;
755 4. Promote environmental benefits, such as improved stormwater retention, water quality,
756 air quality, soil moisture, groundwater, and erosion prevention;
757 5. Improve the appearance of development and establish an attractive streetscape; and
758 6. Increase the urban tree canopy.
759 B. Intent. The intent of these regulations is to achieve and maintain an average minimum of
760 thirty percent (30%) tree canopy coverage citywide from preserved trees and newly planted
761 trees, and to promote a multi -aged urban forest. Specifically, to achieve the City's goal of a
762 city-wide average tree canopy cover of at least thirty percent (30%), the following goals are
763 established for specific areas of the City based upon the unique ecoregions present in
764 different areas of the City:
765 1. For areas east of the Interstate 35 / Interstate 35-W corridor where the Cross Timbers
766 ecoregion is more prevalent, the minimum canopy goal shall be 40% coverage.
767 2. For areas west of the Interstate 35 / Interstate 35-W corridor, where the Grand
768 Prairie ecoregion is more prevalent, the minimum canopy goal shall be 20% coverage.
769 These regulations are intended to promote the functional distribution of that canopy
770 throughout various land uses as development occurs through a combination of planting and
771 retention goals and requirements for tree canopy cover.
772
773 C. Applicability.
774 1. Single-family, duplex and townhome.
775 a. Existing single family, duplex, and townhome lots that are currently developed are
776 exempt from the minimum requirements contained in subsection D.
777 b.New detached single-family and duplex subdivisions are required to provide
778 landscaping as specified in Section 35.17.4.D.3.
779 2. Multi -family and non-residential developments are required to comply with all
780 landscape and tree canopy requirements in this Section.
781 3. All replacement trees included as part of the approved Tree Preservation/Replacement
782 Plan shall be credited against the trees planted, as required by this subsection.
783
784 D. Minimum Requirements,
785 1. Minimum Landscape Area and Tree Canopy.
786 a. Landscape area is the portion of a Development Impact Area which is comprised of
787 trees, shrubs, and pervious groundcovers. The percentage of Landscape Area
788 required shall be based on the property's zoning designation, as indicated in Table
789 17.4.A below.
790 b.Tree canopy is measured by computing the area that the mature canopy will
791 encompass, based on the Tree List contained in the Site Design Criteria Manual. The
Conservation & Landscape 3/15/2019 12:36 PM 22
Exhibit "A"
792
mature canopies may be estimated for existing trees on site. Any tree not on the
793
Tree List may be estimated by a Registered Landscape Architect.
794
c. The required percentage of Tree Canopy required shall be based on the zoning of the
795
property as described in Table 17.4.A below. The required tree canopy area shall
796
apply to either:
797
i. The entire Development Impact Area, or
798
ii. The entire lot being developed, minus the footprint area of any
799
proposed buildings.
800
The selected method for calculating the required tree canopy must be explicitly
801
stated on the Landscape Plan.
802
d.The following may count towards meeting the landscape and tree canopy
803
requirements:
804
i. All landscaped areas planted and maintained within the Development
805
Impact Area;
806
ii. Tree canopy in the adjacent public right-of-way;
807
iii. All required mitigation trees may count towards landscaping (including
808
street trees and yard trees) if planted trees have a minimum dbh of 2
809
inches dbh;
810
iv. Plazas and pedestrian circulation areas, if constructed with pervious
811
material and not located within the public right-of-way.
812
v. Low Impact Design (LID) options if installed and maintained pursuant to
813
the North Central Texas Council of Governments Integrated Storm
814
Water Management (iSWM) strategies, including:
815
(a) Bioswales: Bioswales are vegetated swales planted with wet
816
tolerant species of plants or ornamental grasses. They
817
transport, store, and allow infiltration of water, and can be
818
designed as a landscape feature. Bioswales are not grassed, but
819
are planted with a variety of plant species that can withstand
820
occasional water inundation for short periods of time.
821
(b) Grassed Swales: Grassed swales are designed conveyance
822
devices used to transport water over the surface of the ground
823
to a point of disposal that may be a catch basin, ditch, or water
824
body that will filter, infiltrate, evaporate, and clean the water of
825
total suspended solids and other pollutants. Swales are often
826
appropriate along property lines, public streets, and around
827
buildings.
828
(c) Bioretention Facilities (a.k.a. Rain Gardens): Bioretention
829
facilities are small shallow depressions planted with a variety of
830
native or ornamental plants that can treat small amounts of
831
runoff to improve water quality. Bioretention facilities are
832
generally small collections of flood -tolerant plants planted on a
833
low site area that naturally collects rainfall.
834
(d) Sand Filters: Sand filters are depressions, trenches, barriers, or
835
sand lens, constructed of porous mineral matter that improve
836
ground water recharge, to filter, clean and trap waterborne
837
pollutants.
838
Conservation & Landscape 3/15/2019 12:36 PM 23
839
Exhibit "A"
Table 17.4.A Minimum Landscape Area and Tree Canopy
PercentLandscape
Percent Tree Canopy
Districts
area
Cover
Rural
RD-5
Rural Residential
75%
_---------------
__ ___ __-------
............... -...........--- -
25%
RC
Rural Commercial
65%
Neighborhood Residential
.........................................................._...._............_........_.._..�
_. � ._._..
NR-1
Neighborhood Residential 1
70%
NR-2
Neighborhood Residential 2
50%
50%
NR-3
Neighborhood Residential 3
50%
NR-4
Neighborhood Residential 4
40%
NR-6
Neighborhood Residential 6
25%
40%
NRMU-
Neighborhood Residential Mixed Use
12
12
20%
40%
NRMU
Neighborhood Residential Mixed Use
Downtown University Core
DR-1
Downtown Residential
20%
40%
DR-2
Downtown Residential
Downtown Commercial
DC-N
Neighborhood
15%
20%
DC-G
Downtown Commercial General
......__
. .... ...
�...........
Community Mixed Use Centers
CMG
Community Mixed Use General
20%
30%
Conservation & Landscape 3/15/2019 12:36 PM 24
Exhibit "A"
.....- . ......... ..........��-.__..... _
Table 17.4.A Minimum Landscape°.
.....m.,nm...... __ _
Area and Tree Canopy
Districts Percent Landscape Percent Tree Canopy
area Cover
CM-E Community Mixed Use employment
Regional Mixed Use Centers
RCR-1 Regional Center Residential 1
RCR-2 Regional Center Residential 2
Regional Center Commercial 25% 30%
RCC-N Neighborhood
RCC-D Regional Center Commercial
Downtown
Employment Centers
EC-C Employment Centers Commercial 20% 30%
EC-1 Employment Centers Industrial 15✓° 20%
Industrial Centers
IC-E Industrial Centers Employment 15% 20%
i L
IC-G Industrial Centers General 159/c 15%
..
840
841 e. 90% of all plantings shall be from the approved Landscape Plant List in the Site
842 Design Criteria Manual.
843 f. In order to ensure biodiversity and protect against tree disease, if twenty (20) or
844 more trees are planted, no one species of tree may exceed thirty percent (30%) of
845 the total new trees on the site.
846 g. At least 50% of the trees planted must be native, indigenous, or adapted, as
847 indicated on the approved Landscape Plant List,
848 2. Landscape Installation and Maintenance.
849 a. Landscaping installed as part of the requirements of the landscape standards must be
850 free from diseases and insects, and maintained in a healthy, growing condition at all
851 times.
852 b.The property owner is responsible for regular weeding, mowing, irrigation, fertilizing,
853 pruning, litter removal, and other maintenance as needed for all plantings.
Conservation & Landscape 3/15/2019 12:36 PM 25
Exhibit "A"
854
c. The property owner shall remove and replace any required landscaping as part of an
855
approved landscape plan that dies with other approved living plants from the
856
approved plant list contained in the Site Design Criteria Manual, no later than thirty
857
(30) days after: actual knowledge that the landscaping has died, or after the
858
postmarked date of written notification from the City, whichever is sooner. The
859
Director or designee may, in his sole discretion, extend this time period due to
860
weather, appropriate planting season, or other events outside of the reasonable
861
control of the property owner.
862
d.lrrigation. To ensure viability, landscape areas shall be irrigated by one or a
863
combination of the following methods:
864
i. An automated underground system.
865
ii. A drip irrigation system.
866
iii. The Director or designee may waive the irrigation system requirement if
867
the approved landscape plan includes drought tolerant plants, a
868
xeriscape system, or other approved materials. In such cases, a
869
temporary irrigation system shall be installed and maintained until the
870
plants are established.
871
872
3. Minimum landscape requirements for Single -Family and Duplex Lots
873
a. All single-family and duplex lots must contain a minimum of 1 large shade tree per
874
dwelling.
875
b.Not less than 30 percent of the front yard must be landscaped
876
c. Not less than 20 percent of the rear yard must be landscaped.
877
878
4. Landscape Plan and Point System. In addition to the above standards, the following
879
requirements shall apply to all developments, except single- and two-family lots within
880
residential developments:
881
a.A Landscape Plan is required for all developments, demonstrating compliance with
882
the required minimum Landscape Area requirements at the time of application for: a
883
specific use permit, an alternative development plan, a site plan, or a building permit,
884
whichever comes first,
885
b.All Landscape Plans shall be drawn and sealed by a registered landscape architect.
886
c. All landscape plans shall contain, at a minimum, the following elements:
887
i, A delineation of the property boundary, the Development Impact Area,
888
ESAs, Preserved Habitat areas, and any easements;
889
ii. Dimensioned buffer areas, right-of-way screening areas, and parking lot
890
landscaping areas;
891
iii. Location and tabulation of all proposed plantings, including size at the
892
time of planting and expected canopy area of all trees at maturity, as
893
provided for in the Site Design Criteria Manual;
894
iv. Tabulation of how the required landscape and buffer points, as
895
described in the sections below, are provided;
896
v. Tabulation of the required and provided number of street trees, unless
897
provided on a separate Street Tree Plan at the time of platting; and
898
vi. Any additional information required to demonstrate compliance with
899
the requirements of this section.
900
d.Landscape Area and Tree Canopy shall be designed using a combination of elements
901
from the point system described below.
Conservation & Landscape 3/15/2019 12:36 PM 26
Exhibit "A"
902
i. All developments are required to provide a combination of landscaping
903
elements from Table 17.3.6, totaling at least 30 points and meeting the
904
minimum required percentage of Landscaping Area and Tree Canopy.
905
ii. At least two elements must be selected from both Sections A and B in
906
the table, except as noted below. The remaining points may be selected
907
from Sections A, B, or C.
908
(a) Right -of -Way Screening shall be provided between the front-
909
most row of parking and the street. Screening area shall begin
910
at the back edge of either the right-of-way or public utility
911
easement, as necessary to prevent encroachment into those
912
areas. The area dedicated to right-of-way screening must
913
contain sufficient area to plant the proposed screening
914
elements and allow for full growth potential. For developments
915
where parking is not located between the building and the
916
street, any drive aisles located in front of the building shall be
917
screened by at least one of the elements in Section A.
918
(b) Parking Lot landscaping shall be provided internal to the parking
919
lot. Turf grass does not satisfy requirements for planting
920
materials in parking lot landscaping elements. Planting materials
921
permitted include drought -tolerant plants, ornamental or native
922
grasses, and pervious non -living ground cover installed with a
923
permeable weed -barrier.
924
(c) If proposed, living walls and living green roofs should be
925
engineered in accordance with building industry standards to
926
ensure building safety and longevity of the plant material. Living
927
green roofs must be installed in a manner allowing for
928
inspection consistent with applicable OSHA standards, along
929
with all other site landscaping.
930
Conservation & Landscape 3/15/2019 12:36 PM 27
Exhibit "A"
n, ........ ..... �............._ ............................... __................ ........- ......... ...m ®....
Table 17.3.E
------- .........
— ..... ................................... ....... ...
Landscaping Element
_,.... — _..
........
Points ...,
Section A. Right -of -Way Screening Elements
(Minimum 2 unless no front parking, then 1)
— — — — ....._.. .._. w............... _..._ _
........ .m ...
A landscaped berm with a maximum 3:1 side slope on both sides
5
......... ......_.. ......... ......... .--------------- ........ _..... .__
One (1) large canopy tree planted every 40 linear feet
_.....
5
.........
every thirty (30) linear feet when
Three (3) small accent trees clustered a
__.--
5
space does not permit large canopy trees
A minimum three (3)-foot high continuous hedge of evergreen shrubs
5
A minimum three (3)-foot high continuous wall made of any combination
of wrought iron, masonry, or stone. If wrought iron is used, vines shall be
planted every 10 feet on center on the wrought iron to create a more
opaque wall.
Section B. Parking Lot Landscaping Elements (Minimum 2)
Internal landscape �ds with an area of at least 9-feet b 18-feet islan y
5
containing at least one large canopy tree placed evenly at an average of
one (1) for every ten (10) spaces (or portion thereof).
For lots of ten (10) spaces or less, at least one internal landscape island is
required but does not have to be centrally located within a row of parking
spaces
Mwith
End caps an area of at least 9-feet by 18-feet containing at least one
5
--large canopy tree.
A landscape median of at least 8-feet wide running the length of a parking
5
row and containing at least one (1) large tree per 30 linear feet.
_........�_ _.. ......
_—.....r_w.....
Landscaping Elements _
Section C. Other Site Land
Aminimum 10 foot wide area provided for the length of the building g
3
frontage between the front of the building and the parking lot and
containing a 5 foot wide landscape area abutting the building wall. This
area may be paved as a walkway if pots or planters are provided along at
least 75% of the building frontage. ... ........111 ......... ---__-_
—............ -
...
planted tree meets or exceeds four 4..caliper inches at the time of
Each Ian (
5
planting
- _.m -- — —
— ....... _
A..._, , .. -- ........
t least 75% of plants proposed are drought -tolerant as indicated in the
5
approved landscape plant list or adaptive to Denton's plant hardiness zone
as determined by the US Department of Agriculture. ... -.______
���
_.__ -
a .........
requ�-----
Landsca area p provided exceeds fired minimum by an additional 10%
3
or more. -------
No more than 30% of landscaped areas is covered in turf grass.
3
__--.-.-.- _
Tree Canopy exceeding minimum requirement by an additional 25% or
3
more
---
.
------- — - — -..
A mixture of Bioswales, Gassed Swales, Bioretention facilities, and Sand
7
Filter Low Impact Design techniques as described in Section 35.17.4.C. If
designed as part of a parking lot island or median, points may be counted
for both elements. _
........
_ . _
Livingwalls/vertical gardens provided in a designated pedestrian
g p area or as
5
an architectural feature of a primary external building wall. Living walls
must account for at least 25% of the wall face.
Conservation & Landscape 3/15/2019 12:36 PM 28
Exhibit "A"
Rooftop vegetation provided as part of an engineered green roof 5 931
accounting for at least 25% of the roof area.
-------- -------- --...... 4
Butterfly or pollinator gardens that include native milkweed and nectar 5 933
plants that are provided as part of a designated pedestrian amenity or 934
plaza area and that comprise at least 5% of the required overall landscape 935
area. Butterfly and pollinator gardens are encouraged due to Denton's 936
designation as a Monarch City. o47
938
939
940
941 5. Permits, Enforcement, and Drought
942 a. No permits will be issued for any non-residential or multi -family development until a landscape
943 plan is submitted as part of the Site Plan, Specific Use Permit, Alternative Development Plan, or
944 building permit review process.
945 b. Prior to the issuance of a Certificate of Occupancy for any building or structure, all screening and
946 landscaping shall be in place, in accordance with the approved landscape plan and applicant
947 shall call to arrange inspection of all landscape installations.
948 C. An as -built landscape plan shall be provided to the City upon final inspection.
949 d. Landscaping which dies shall be replaced by the owner with plants of similar variety and size, no
950 later than thirty (30) days after: actual knowledge of the death; or the postmark of written
951 notice from the City, whichever is earlier. The Director or designee may, in his sole discretion,
952 extend this time period due to weather or other events outside of the reasonable control of the
953 property owner. Replacement trees of similar mature canopy may be replanted with
954 confirmation and approval from the Director or designee. Replacement trees must be a
955 minimum of 3- inch caliper, measured six inches above the ground.
956 e. A planting extension may be granted in the sole discretion of the Director or designee if
957 substantial evidence is presented to indicate abnormal circumstances beyond the control of the
958 owner or his agent. Seasons of drought, extreme heat, or heavy rainfall causing construction
959 delays are examples of abnormal circumstances.
960
961
962
Conservation & Landscape 3/15/2019 12:36 PM 29
Exhibit "A"
963 35.17.5 - Street Tree Requirements
964 As specified below, applications for development shall propose, and be required to plant, street trees in
965 accordance with the following standards, and in accordance with the spacing requirements identified in
966 the Site Design Criteria Manual. The Director may approve alternative plans due to special site
967 conditions, which may, for reasons such as safety or existing trees on the lot, affect the ability to meet
968 these regulations. All replacement trees included as part of an approved Tree Preservation/Replacement
969 Plan will be credited against the required Street Trees.
970
A. Street Tree Plan. A street tree plan shall be submitted with a Site Plan for multi-
971
family or non-residential developments, and with a Final Plat for new residential
972
subdivisions. Additionally, street trees should be specifically called out on building
973
permits and landscape plans.
974
B. Street Tree Location. Street trees shall be located within the street right-of-way or
975
within 10 feet of the street right-of-way.
976
C. Street Tree Number and Spacing. At least one street tree is required for every 30
977
feet of street frontage.
978
1. Street trees need not be regularly spaced at 30-foot intervals; however,
979
street trees shall not be planted further apart than 50-foot intervals, and
980
not closer than 25 feet apart.
981
2. Street trees shall be planted in accordance with the spacing requirements
982
from utilities, intersections, and driveways described in the Site Design
983
Criteria Manual.
984
3. In order to ensure biodiversity and protect against tree disease, if twenty
985
(20) or more street trees are planted along a residential street, no one
986
species of tree may exceed thirty percent (30%) of the total new street
987
trees. Where multiple species are required within a single block, trees of the
988
same species shall be planted non -contiguously to the greatest extent
989
possible.
990
D. Tree Planting.
991
1. Tree planting standards shall be in accordance with the Site Design Criteria
992
Manual.
993
2. Each tree planted shall meet the most current version of American
994
Standards for Nursery Stock ANSI Z60.1 and shall have a minimum size of 3"
995
caliper measured 6" above grade, unless the trees are planted as
996
replacement for the removal of existing trees, in which case the trees must
997
have a minimum size of 2" dbh. Any tree that does not meet ANSI Z60.1
998
may be rejected by the Director.
999
E. Maintenance.
1000
1. Street trees shall be maintained by the adjoining property owner.
1001
2. It is the adjoining property owner's responsibility to water, prune, fertilize,
1002
and treat for insect and disease, as may be deemed necessary. All incurred
1003
costs are to be borne by the property owner.
1004
3. It is the adjoining property owner's responsibility to remove any hazardous
1005
or dead tree, as may be deemed necessary. All incurred costs are to be
1006
borne by the property owner.
Conservation & Landscape 3/15/2019 12:36 PM 30
Exhibit "A"
1007
4.
Tree Canopy Clearance Height: All trees shall be maintained by pruning and
1008
other necessary care by the adjacent property owner to ensure a minimum
1009
clearance of 15 vertical feet from the curb line, 15 vertical feet from an
1010
alley, and 8 vertical feet from the sidewalk.
1011
5.
The City may prune or remove any tree or planting located in Public Right-
1012
of -Way or in a landscape maintenance easement that constitutes a hazard
1013
to person or property, or for any other reason.
1014
6.
All pruning shall be in accordance with the most current version of American
1015
National Standards for Tree Care Operations ANSI A300.
1016
7.
Tree Replacement: The City may replace an approved street tree or other
1017
planting that has died or may have been removed for any reason, or plant
1018
additional street trees deemed appropriate and consistent with available
1019
resources.
1020
8.
Abuse or Mutilation: It shall be unlawful for any person to damage any
1021
street tree, or to attach or place any rope or wire, sign, poster or other
1022
device on any street tree. Each occurrence shall constitute a distinct and
1023
separate offense.
1024
Conservation & Landscape 3/15/2019 12:36 PM 31
Exhibit "A"
1025 35.17.6 - Compatibility Buffer Requirements
1026 Compatibility buffers are required to mitigate or minimize potential nuisances such as noise, light, glare,
1027 dirt, litter, signs, parking, or storage areas and to provide a transition between incompatible uses.
1028 A. Minimum Buffer Required
1029 All developing uses, unless exempted in 35,14.6.D, shall be required to install a buffer as
1030 specified in Table 17.6.A below. All replacement trees included as part of an approved Tree
1031 Preservation/Replacement Plan will be credited against trees required in this subsection.
1032
Developing Use
Adjacent Use
Agricultural Single-family
Multifamily
Commercial
detached or
and
and
duplex
townhome
institutional
Agricultural None None
None
None
Single-family
detached and
duplex
Multifamily
and townhome
Commercial or
institutional
Industrial
1033
Minimum 10
points; no
minimum
width
Minimum 10
points; no
minimum
width
None
None
None
Minimum 20
points;
Minirt'iu
width 10 feet
Minimum 30
points;
Minimum
width 15 feet
Minimum 50
points;
Minimum
width 30 feet
Minimum 10
points; no
minimum
width
None
Minimum 30
points;
Minimum
width 15 feet
Minimum 50
points;
Minimum
width 30 feet
Minimum 10
points; no
minimum
width
Minimum 20
points;
Minimum
width 10 feet
None
Minimum 30
points;
Minimum
width 30 feet
for
institutional
and 10 feet
for
commercial
Industrial
None
Minimum 10
points; no
minimum
width
Minimum 20
points;
Minimum
width 10 feet
Minimum 20
points;
Minimum
width 10 feet
None
1034 B. Buffer Point System
1035 Buffers shall accumulate the designated point total through a combination of elements, as
1036 indicated in Table 17.6.E below. For buffers including more than two listed elements, vegetation
1037 may also include a combination of shrubs and trees. No more than one fence or wall type may
1038 be used to meet the buffer point requirements.
1039
Conservation & Landscape 3/15/2019 12:36 PM 32
Exhibit "A"
Table 17.6.B: Buffer Points
Buffer Element Points
Solid wood screening fence, minimum 5
6 feet in
height, single -faced
Vinyl, Composite, double-faced solid wood, or
similar non -masonry screening fence, minimum 10
6 feet in height
.......................................................................................-------- _ ........_
Solid masonrywall minimum 6 feet in height 20
Each additional -- ---.....__...... ..............
15 feet in landscaped buffer 5
width beyond required minimum
3 ornamental trees for ever��°'..........._�....._ ____-_____ , 5. ....... _ .....
y 50 linear feet of
buffer _ minimum 3-_inch caliper)
3.ornamental trees for every, r. ...... ..... ..._......_
25 linear feet of 10
buffer (minimum 3-inch caliper)
5 shrubs
b zeor ever 2............e_ --
...
_g �, ,,,,,,,,, ,,,�....�O...linear feet of buffer (5 m___._--- � .. ...._
5 shrubs for every 20 linear feet of buffer (10- 10
gallon size)
.__ — _--- --- .. ,,,_,._....
1 large tree for every 30 linear feet of buffer 10
(minimum 3-inch caliper) _
er on of existing Landmark, .Pres ..... ,�.
Preservation k, Heritage,
Quality, or Secondary trees within at least 50% 5
of the buffer area.
1040 C. Buffer Standards
1041 1. Buffers shall be located on the outer perimeters of lots or parcels, and shall extend to the
1042 limits of the developed area of the site. Buffers may not occupy any portion of an existing,
1043 dedicated, or reserved right-of-way, or be located on public property.
1044 a. In instances where a required drainage or public utility easement is located within a
1045 buffer area, the easement area will count toward the buffer area requirement. No
1046 trees or shrubs are allowed within the easement. However, if the remaining buffer
1047 area outside the easement is 10 feet or greater, buffer elements are required.
1048 b. In those instances where a perimeter fence or wall is used in conjunction with a
1049 buffer, the perimeter fence or wall shall have a minimum height of six feet, shall be
1050 constructed of material permitted by Table 17.6.6, and shall be located on the
1051 boundary of the required buffer.
1052 2. Buffers shall be designed based on the following standards.
1053 a. The entire buffer area must be landscaped with ground cover other than turf grass.
1054 b. Vegetation included in the buffer shall meet the following requirements:
1055 i. Plant species shall be selected from the approved Landscape Plant List or Native
1056 Plant List.
1057 ii. At least 50 percent of the plants shall be evergreen.
1058 iii. No more than 50 percent of the plants shall be from the same genus.
Conservation & Landscape 3/15/2019 12:36 PM 33
Exhibit "A"
1059
C. The buffer may contain pedestrian or bike trails to promote connectivity to adjoining
1060
properties, as long as no required plant material is omitted from the design, and the
1061
required buffer width is maintained.
1062
3. Designated tree preservation areas occupying a portion of a required buffer satisfy the
1063
planting requirement for the portions they occupy.
1064
4. When healthy, Protected Trees are located within the required buffer, the Protected
1065
Trees should be preserved to the greatest extent possible. The Director may determine if
1066
additional buffer elements are required to mitigate or minimize potential nuisances.
1067
5. When a preserved Environmentally Sensitive Area is located in an area where a buffer
1068
would be required, the ESA may count as the required buffer for that portion of the
1069
property.
1070 D. Exceptions to Buffer Requirements
1071 1. Buffer requirements may be waived by the Director when the property is an internal site
1072 within a master planned development or within a mixed -use development. Buffers shall
1073 still be required around the perimeter of the development based on the requirements in
1074 this subsection.
1075 2. Buffer requirements shall not apply to the Downtown Residential and Downtown
1076 Commercial districts, except for multi -family or non-residential properties adjoining
1077 single-family detached, duplex, or townhome uses.
1078
1079 35.17.7. Relief for Landscape, Tree Canopy, and Buffer Requirements.
1080 A. Alternative Development Plan. The Alternative Development Plan provides the option to
1081 modify the requirements in Sections 35.17.4, 34.17.5, and 35.17.6 utilizing the Planning
1082 and Zoning Commission Procedure outlined in Subchapter 3 and the criteria for approval
1083 in Section 35.13.5. In no instance shall the Alternative Development Plan reduce any
1084 replacement trees required as part of an approved Tree Preservation/Replacement Plan.
1085 B. Payment in Lieu of Planting. In instances where easements, encumbrances, physical
1086 constraints, or life safety requirements limit the ability to plant the required trees
1087 needed to meet the minimum tree canopy coverage, an applicant may pay into the Tree
1088 Fund as an alternative. The Director may approve a reduction in minimum tree canopy
1089 area of up to 10% of the required amount. Any reduction in tree canopy area shall be
1090 mitigated by payment into the City's Tree Fund based upon the standard canopy size of
1091 a large canopy tree as specified in the Site Design Criteria manual, assuming each
1092 required tree measures 2 caliper inches. The payment per inch shall be calculated as
1093 provided in Section 35.17,31
Conservation & Landscape 3/15/2019 12:36 PM 34