2005-066ORDINANCE NO. c,~t~-t~)~'
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTER 35.13 OF THE DENTON DEVELOPMENT CODE PERTAINING TO
STREET TREE REGULATIONS; PROVIDING A PENALTY CLAUSE WITH A MAXIMUM
FINE OF $2,000.00 PER DAY FOR A VIOLATION THEREOF: A SEVERABILITY
CLAUSE; AND AN EFFECTIVE DATE. (SI04-0035).
WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of
Denton, Texas adopted the Denton Development Code (the "Development Code"); and
WHEREAS, as a part of a quarterly review of the Development Code, and after
conducting a public hearing as required by law, the Planning and Zoning Commission has
recommended certa'm changes to Subchapter 35.13 as it pertains to Street Tree Regulations; and
WHEREAS, after conducting a public hearing as required by law, the City Council finds
that the subject changes to the Development Code are consistent with the Comprehensive Plan
and are in the public interest; 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.
SECTION 2. Subchapter 35.13 of the:Development Code is hereby amended in part as
particularly described in Exhibit "A" attached hereto and made a part hereof by reference. All
other provisions of Subchapter 35.13 not inconsistent with this amendment shall remain in full
fome and effect.
SECTION 3. Any person violating any provision of this ordinance shall, upon conviction,
be' fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offence.
SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or application there of to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted
such remaining portions despite any such invalidity.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ord'mance 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.
Page 1
EULINE:BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CI/?Y ATTORNEY
Page 2
Exhibit "A"
35.13.7. C Street Tree Requirements
All development, with the exception of estate style single-family subdivisions, shall be required to plant
street trees in accordance with the following standards and in accordance to the Site Design Criteria
Manual. Estate style single-family subdivisions are those subdivisions having lot frontages equal
to or greater than one hundred (100) feet wide and contain lots equal to or greater than one acre
in size, and utilize barrow ditches as dra'mage along public or private streets. The Director of
Planning and Development may approve alternative plans due to special site conditions, which may, for
reasons such as safety, site conditions, or existing trees on the lot, affect the ability to meet these
regulations.
1. Street Tree Plan. All development shall be required to submit a master street tree plan
noting location, number, and species of trees to be used within the development.
Location. Street trees shall be located between the street and sidewalk, except in cases
where there is a designated planting strip in the right-of-way, or the sidewalk is greater
than eight (8) feet wide and designed to accept trees in tree wells.
3. Number and Spacing. Street trees shall be planted by the following requirements:
a. Spacing along street
Single Family Residential - spacing of street trees wit}fro single-family
residential developments shall be conducted as follows:
(a) One (1) tree per lot, evenly spaced, for developments with lots less than 60
linear feet of street frontage.
(b) Two (2) trees per lot, evenly spaced for developments with lots greater than
60 linear feet of street frontage.
(c) Comer lots for all single-family developments shall require two or more
street trees, evenly spaced, depending on the length of frontage on each street
for such lots.
Multi-Family Residential, Townhome and Non-residential Developments -
spacing of street trees within multi-family residential, townhome or non-
residential developments shall be one (1) tree for every 45 linear feet of street
frontage.
Comer lots - street trees on comer lots for all developments shall be located a
minimum of twenty-five (25) feet fi.om the property comer adjacent to the street
fight-of-way intersection.
b. Spacing fi.om Utilities
Water and Wastewater Service Lines - no trees shall be planted closer than nine
(9) feet from any underground water or wastewater utility connection or main.
The location of the water and wastewater utility line shall be considered, for
distance purposes, to be the surface of the ground above the line.
ii Fire hydrants - no trees shall be planted closer than ten (10) feet fi.om any fire
hydrant.
Street lighting - street lighting instruments shall be installed according to the
design criteria of the electric utility. Individual street light instruments may be
substituted in the place of individual street trees in order to reduce
tree/instrument conflict.
iv Within planting strip - all street trees shall be planted within the centerline of the
planting strip running parallel between the curbline and sidewalk.
Root Barrier System - spacing requirements from utilities may be reduced at the
discretion of the Development Review Committee Chair with a street tree plan
submitted and approved which would include the installation of root barrier
systems approved of by the Water or Wastewater Department.
Spacing from Driveways - no trees shall be planted closer than five (5) feet from any
driveway.
Tree Species
a. Street Tree Species Type - tree species to be used for street trees will come from the
City of Denton tree list and be of a medium or large tree variety.
Species Diversity - street tree species shall be of the same variety along an individual
block. The same species of tree shall not be used on streets which are generally
parallel and within two (2) blocks apart. If a species of tree is approved to be installed
on the dead-end street, the same species of tree should be used on the extension of the
street into the new subdivision.
M~mtenance
a. Street trees shall be maint~tned by the adjoining property owner. It is the adjoining
property owner's responsibility to thin, prune, spray, water and fertilize, and
otherwise maintain street trees, as may be deemed necessary and feasible. All
incurred costs are to be borne by the property owner.
Tree Canopy height - The street tree shall be maintained by pruning, thinning and
other necessary care by the adjacent property owner to ensure a minimum clearance
of fiiteen (15) vertical feet from the eurbline to any intruding canopy branches.
Removal of Trees or Plantings in Public Right-of-Way: The City may remove any
planting which constitutes a hazard or may endanger the health, well-being or
property of the public or which constitutes an obstruction to the vision of truffle.
Tree Replacement: The City may replace an approved street tree or other
planting which has died or may have been removed for any reason, or plant
additional street trees deemed appropriate and consistent with available
resources.
Abuse or Mutilation: It shall be unlawful for any person to break, destroy, or
mutilate any approved street tree, or to set fire or permit any fire to cause
damage to any portion of any street tree, or to attach or place any rope or wire,
sign, poster or other device on any street tree.