Appendix 2013. CIBOLO UNIFIED DEVELOPMENT CODE

Appendix A. UNIFIED DEVELOPMENT CODE

Article 17. LANDSCAPING, BUFFERING and PROTECTED TREES

§ 17.1. Landscaping and Buffering

Latest version.

General/Applicability

The Landscaping and Buffering requirements contained in this UDC are adopted pursuant to Texas Local Government Code Section 212 and shall apply to all new non-residential construction and multi-family construction other than duplex uses in the City and the City Extraterritorial Jurisdiction.

• The standards and criteria contained within this subsection are deemed to be minimum standards and shall apply to all new construction or any construction that increases the existing square footage of a structure by more than thirty percent (30%).

• The provisions of this section shall be administered and enforced by the City Planner or his/her designee.

• The landscape standards in this subsection apply to nonresidential developments, including uses such as schools and churches within a residential zoning district(s).

• If at any time after the issuance of a Certificate of Occupancy and/or a Site Development Permit, the approved landscaping is found not to be in conformance with the standards and criteria of this subsection, the City Planner or his/her designee, shall issue written notice to the property owner, citing the violation and describing the action(s) required to comply with this subsection. The owner, tenant or agent shall have thirty (30) days from date of said notice to establish/restore the landscaping as required. If the landscaping is not established or restored within the allotted time, then such person shall be in violation of this UDC.

• Only that portion of a lot, tract or parcel being developed shall be required to meet these landscape requirements. Those portions of a lot, tract or parcel to be developed at a later time shall be required to meet the landscape requirements in effect at the time of their development.

• Pad site developments: Pad site developments or ground lease developments shall be required to provide landscaping in accordance with the interior landscape requirements herein.

• Expansions of Paved Areas: Any expansion or reconfiguration of paved areas shall comply with all requirements herein.

Purpose

The purpose of this section is to establish landscaping and buffering requirements to enhance the community's ecological, environmental, and beautification efforts as well as its aesthetic qualities. It is the intent of this section to reduce the negative effects of glare, noise, erosion, and sedimentation caused by expanses of impervious and un-vegetated surfaces within the urban environment. It is the intent of this section to preserve and improve the natural and urban environment by recognizing that the use of landscaping elements can contribute to the processes of air purification, oxygen regeneration, groundwater recharge, noise abatement, glare and heat, provision of habitats for wildlife, and enhance the overall beauty of the City and the Extraterritorial Jurisdiction of the City.

Installation and Maintenance

Prior to issuance of a Certificate of Occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan approved as part of the site plan

• The property owner shall be responsible for the maintenance of all landscape areas. The areas shall be maintained so as to present a healthy, neat and orderly appearance at all times.

• Should any of the plant materials used in any landscaping required under this section die, the owner of the property shall have ninety (90) days after notification from the City to obtain and install suitable replacement plant material. Synthetic or artificial lawn or plant material shall not be used to satisfy the requirements of this ordinance.

• If seasonal weather conditions make it impractical to install landscaping, or replacement landscaping, as required herein, a deferral of the required plant installation may requested for a period not to exceed six (6) months. The applicant shall be required to provide a Letter of Credit, bond, or escrow deposit in an amount sufficient to cover the installation of the required landscape and irrigation requirements, plus a 10% contingency. Such amount shall be evidenced by an itemized bid prepared by a qualified contractor. Upon the failure of the applicant to complete the installation requirements, the City shall have the right to draw upon the letter of credit or escrow. A deferral may not be requested for any required screening fence or wall.

• Landscaped areas shall be kept free of trash, litter, weeds, and other material or plants not a part of the landscaping.

• All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year.

• It shall be the duty of any person or persons owning or occupying real property bordering on any street to prune trees next to the street in such manner that they will not obstruct or shade any street lights, obstruct vision of traffic signs, or obstruct the view from any street intersection, pursuant to the City's visibility standards. The minimum clearance of any portion of a tree overhanging a public street right-of-way shall be fourteen (14) feet, and overhanging a public sidewalk shall be eight (8) feet. Landscaping within required sight visibility areas at street intersections and site access driveway shall not exceed a maximum height of two feet (2.0').

• All landscape materials shall be installed according to American Nursery and Landscape Association (ANLA) standards.

• Irrigation:

All landscaped areas shall be irrigated with an approved automatic underground irrigation system unless the landscaped area has been designed utilizing xeriscaping methods. All irrigation systems shall be designed and sealed in accordance with the Texas Commission on Environmental Quality (TCEQ) and shall be professionally installed. Irrigation shall not be required for undisturbed natural areas or undisturbed existing trees.

Flat spray heads should be utilized under shrubs rather than upward spray heads on risers above shrubs. Lawn spray heads should have low precipitation rates, run for longer periods of time, and water infrequently to promote deep root growth for grasses. Irrigation systems must be equipped with a rain/freeze sensor.

The 20% landscaping requirement for multi-family or nonresidential development may be reduced to 10%, for those developments where 67% of the total required landscaping is devoted to any combination of the following:

Undisturbed natural areas or undisturbed existing trees,

ii.

Xeriscape landscape design,

iii.

Incorporate porous hose, deep pipe, clay pot lid, porous capsule, perforated drain pipe, micro catchment, drip, wick or other comparable alternative irrigation systems for arid climates,

iv.

Utilize reclaimed, recycled, gray water, non-potable surface water, rainwater or alternative water harvesting systems in accordance with Texas Commission on Environmental Quality (TCEQ) standards and the adopted plumbing code, or

In review of landscape plans for compliance with the above criteria to reduce the amount of required landscaping requirement, the City Planner may grant a pro-rata reduction between the required percentage and a reduced percentage. An applicant may appeal the pro-rata credit proposed by the City Planner to the Planning and Zoning Commission for a final determination.

The 10% landscaping requirement for industrial development may be reduced to 7% for those developments where 67% of the total required landscaping is devoted to any combination of criteria listed in Section c above.

• Vegetation other than approved grasses or ground cover six inches (6") in height is prohibited in any City right-of-way unless authorized by the City Planner.

Landscaping and Public Rights-of-Way

• All unpaved portions of public right-of-way (R.O.W.) must be planted with an approved grass, as classified in Section L below. A maximum of ten percent (10%) of the required interior plant material may be placed within the R.O.W. parkway.

• The City shall have jurisdiction and supervision over all trees and plant materials planted or growing on City property or growing in, upon or over City property. The City shall have authority to plant, trim, spray, treat, preserve and remove such trees and plant materials to ensure the public safety or preserve the aesthetics of City property. The City, through its subdivision processes, may allow for the designation of medians within public rights-of-way for landscaping, and designate primary landscape installation and maintenance responsibilities to a duly authorized Homeowner or Property Owner Associations, but the City reserves the authority to plant, trim, spray, treat, preserve and remove such trees and plant materials to ensure the public safety or preserve the aesthetics of City property, or may require the said duly authorized Homeowner or Property Owner Associations to plant, trim, spray, treat, preserve and remove such trees and plant materials to ensure the public safety or preserve the aesthetics of City property.

The following acts are unlawful :

• Damage, cut, carve, transplant or remove any trees on City property;

• Attach a rope, nail, advertising poster, sign or other contrivance to any City tree;

• Allow any gaseous liquid or solid substance harmful to trees to come into contact with City trees; or

• Set or permit any fire to burn when such fire, or the heat from such fire, will injure any portion of a tree on City property.

Affect of Private Property Landscaping on Public Rights-of-Way

• It is unlawful for any person owning or occupying real property to maintain or permit trees located on such property in a manner that the trees will obstruct or shade the streetlights, obstruct the passage of pedestrians, obstruct vision of traffic signs or obstruct the view of any street, sidewalk or alley intersection. The minimum clearance of an overhanging portion of a tree shall be:

• Eight (8) feet over sidewalks,

• Fourteen (14) feet over all streets and alleys, or

• Any such clearance as will provide an unobstructed view or passage.

• It is unlawful for any person owning or occupying real property to maintain hedges and shrubbery adjacent to public sidewalks or curbs in such a manner that the hedges and/or shrubbery extend more than four (4) inches onto a public sidewalk or curb.

Removal of Landscaping Required

• Upon finding that any tree, shrub, hedge or part thereof constitutes a nuisance and immediate danger exists to persons, property or other vegetation as a result of such nuisance, the City shall serve notice on the property owner to remove, trim or prune the tree, shrub or hedge.

• The method of service shall be one or more of the following:

• By personal delivery of the notice to the property owner; or

• By leaving the notice with a person of suitable age and discretion on the premises; or

• By mailing the notice by registered mail to the last known address of the property owner; or

• By affixing or posting notice on the front door of any residential, commercial, or other structure located on the property, if the structure is occupied.

• The notice shall set forth the time limit for compliance, which shall depend upon the degree of danger created by the tree, shrub or hedge, but shall in no case be longer than ten (10) calendar days. In cases of extreme danger, the City Manager shall have the authority to require immediate compliance.

• If the owner of the property does not, within seven (7) days of notice of a violation, have, the tree, shrub or hedge removed, trimmed or pruned, it shall be declared a nuisance, and the City may go upon such property and do or cause to be done the work necessary to obtain compliance with this UDC.

• Costs incurred by the City in abating a nuisance under this section, shall be assessed to the property owner. Notice of the costs of abatement shall be served on the property owner. The method of service shall be one or more of the following:

• By personal delivery of the notice to the property owner; or

• By leaving the notice with a person of suitable age and discretion on the premises; or

• By mailing the notice by registered mail to the last known address of the property owner; and

• By affixing or posting notice on the front door of any residential, commercial, or other structure located on the property, if the structure is occupied.

• The property owner shall have sixty (60) days after receipt of notice to remit full payment of any costs of abatement to the City.

• If the property owner or another person with an interest in the property fails to remit full payment for the costs of abatement within sixty (60) days, the City may file a lien against the property upon which the dangerous plant is located. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the county clerk in the county in which the property is located. The notice must contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the dangerous plant is located, the amount of expenses incurred by the City, and the balance due. The lien is extinguished if the property owner or another person having an interest in the property reimburses the City for the expenses.

• A tree, shrub or hedge shall be deemed a nuisance if it or any part of it:

• Appears likely to fall on or otherwise harm a pedestrian or vehicle utilizing the Village streets, alleys, or sidewalks;

• In the case of trees, is not pruned to a height of fourteen (14) feet above the street to accommodate vehicles such as garbage trucks, buses and street maintenance trucks;

• In the case of trees, is not pruned to a height of eight (8) feet above the sidewalk;

• Obstructs a curb, gutter, street or sidewalk;

• Interferes with sewers;

• Is in dangerous proximity to interfere with public utilities; or

• Obstructs or interferes with the view or movement of pedestrian or vehicular traffic.

General Landscaping Requirements

• Trees planted shall be a minimum of three inches (3.0") caliper measured at four feet (4') above ground level at the time of planting.

• All trees planted to meet the minimum landscaping, mitigation or preservations requirements of this section shall be planted so as to provide for no impervious material within the drip line of the tree. For the purposes of determining the drip line to meet the requirements of this section, the drip line radius shall be measured as being ten (10) times the caliper of the tree. For example, a six inch (6") tree will have a sixty inch (60") or five foot (5') radius or a ten foot (10') diameter. Tree wells, alligator bags or tree grates may be utilized to meet the requirements of this section. The City may, at its option, require certification by a registered Arborist that adequate space has been provided for pervious cover beneath the drip line of a tree.

• Shrubs, vines and ground cover planted pursuant to this section should be good, healthy nursery stock. Shrubs shall be a minimum of one-gallon container size at the time of planting.

• Grass areas are encouraged to be planted in species normally grown as permanent lawns in the City, including Bermuda, Buffalo Grass, Zoysia, or other drought-tolerant grass. Grass areas may be sodded, plugged, sprigged or seeded, except in swales or other areas subject to erosion which shall require installation of solid sod. In the event that grass areas are seeded, plugged or seeded, the City can consider the issuance of a Temporary Certificate of Occupancy to ensure 100% grass coverage.

• Detention areas may use grass hydro seeding, however contractor is responsible for maintaining all hydro seed areas in a healthy and growing condition and comply with TxDoT Item 164, Seed for Erosion Control (as amended). Seeding material must be replaced with plant material of similar variety should the area be damaged, destroyed or removed.

• The use of St. Augustine grass is only permitted where structures or trees provide shade for more than 75% of the day.

• New landscaped areas shall be prepared so as to achieve a soil depth of at least six inches (6").

• The use of architectural planters in nonresidential districts is permitted to count toward the fulfillment of landscape requirements subject to approval.

• Developers and homebuilders are encouraged to use xeriscape plant materials on model homes to promote use of water-wise landscaping.

• Landscape planting shall not be erected or installed in such a manner as to interfere with traffic view or impose a safety hazard. Landscaping shall not interfere with clear sight lines at street intersections or ingress/egress drives to developments.

Landscape Installation Required

• A minimum of twenty percent (20%) of the total land area of any proposed multifamily or nonresidential development, excluding industrial development, shall be landscaped and shall be comprised of trees, shrubs, sod or other ground cover. In the event of the construction of a phased development, the minimum twenty percent (20%) and ten (10%) requirements shall apply to each phase as it is developed.

• For industrial development, a minimum of ten percent (10%) of the total land area shall be landscaped and shall be comprised of trees, shrubs, sod or other ground cover. In the event of the construction of a phased development, the minimum ten percent (10%) requirement shall apply to each phase as it is developed.

• Landscaping required to satisfy the 20% and 10% landscaping requirements described above shall be provided in accordance with the following criteria:

Not less than forty percent (40%) of the total required landscaping shall be located in the designated front yard, with the front yard defined as the area between the front property line and the front of the building. In the case of a corner lot, landscaping may be installed between the exterior side of the building and the corner street. The 40% requirement may be reduced as necessary where a lot abuts residential zoning and must install a buffer yard.

Approved tree species listed in this Article shall be provided at a ratio of nine (9) trees per acre of gross lot area, at a minimum ratio of five (5) approved shade trees for every four (4) approved ornamental, evergreen and palm trees. Existing trees may be counted toward meeting the requirements of this section, provided that measures are taken to ensure that existing trees will survive the site development process.

The use of native and adapted, drought tolerant plants is encouraged to meet the requirements of this section.

Artificial plants or turf shall not be counted towards meeting the requirements of this section.

Parking lots and vehicular use areas shall be landscaped in accordance with the parking lot landscaping criteria described below.

Areas used for parking or vehicle storage that are under, on or within buildings are exempt from the landscaping requirements.

In no case shall the application of the minimum landscaping requirements contained herein, allows the City to require more than the 20% and 10% landscaping lot area requirements for any development that must be devoted to landscaping, except in those instances where public health, safety or general welfare may warrant additional landscaping or buffering. Additional landscaping may be installed at the discretion of a developer, but shall not be required by the City unless a special circumstance necessary to ensure public health and safety is documented.

Parking Lot Landscaping

A minimum of ten percent (10%) of the gross parking areas shall be devoted to living landscaping, which includes grass, ground covers, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and/or driveway and sidewalks. This landscape area provided to meet this requirement shall be counted toward meeting to overall landscape requirement for the lot.

• A minimum of ten percent (10%) of the gross area of parking lots visible to the public right-of-way shall be devoted to living landscaping, which includes grass, ground covers, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and/or driveway and sidewalks. Landscaping may be planted at the perimeter of said parking lots, may be clustered, or be distributed into multiple landscaping islands. The below additional criteria shall apply to the interior of parking lots.

• For industrial uses, the above 10% parking lot requirement shall only apply to customer/employee parking areas and vehicle storage areas visible from public rights-of-way. Required landscaping shall be installed as a screening buffer primarily along the perimeter of industrial lots that adjoin or face properties located on lower intensity zoning districts. When industrial development adjoins or faces other properties zoned I-1 or I-2, or a street right-of-way within an industrial park, the 10% landscape requirement shall not be applicable.

• The following additional criteria shall apply to the interior of parking lots.

Interior landscape areas shall be protected from vehicular encroachment of overhang through appropriate wheel stops or curbs.

There shall be a minimum of one (1) shade tree planted for each 400 square feet or fraction thereof of required interior landscape area. The location(s) of required trees is flexible, and may be grouped in a few large areas of the parking or many small areas on the perimeter of parking areas.

Interior areas of parking lots shall contain planting islands located so as to best relieve the expanse of paving. Such islands shall be a minimum of 200 square feet or ten feet (10') by twenty feet (20') in size. Smaller sized planting islands may be provided at the end of parking aisles where appropriate.

Planter islands shall contain a combination of trees, shrubs, lawn, ground cover and other appropriate materials provided such landscaping does not cause visual interference within the parking area.

When an off-street parking or vehicular use area abuts a public right-of-way, except a public alley, a perimeter landscape area of at least fifteen feet (15') in depth shall be maintained between the abutting right-of-way and the off-street parking or vehicular area. Appropriate landscaping shall be installed to create an attractive site presentation. Necessary access ways from the public right-of-way shall be permitted through this area.

When an off-street parking or vehicular use area abuts an adjacent residential property (zoned or otherwise), all landscape buffer requirements described below shall be applicable.

Landscape Plan Required

A landscape plan demonstrating compliance with all landscaping requirements shall be submitted to the City for approval. The landscape plan may be submitted as a part of the site plan.

• Qualifications to Prepare Landscape Plans

For all lots greater than 30,000 square feet in area (.68 acres), Landscape Plans shall be prepared by a Registered Landscape Architect. For lots less than 30,000 square feet/.68 acres, a Landscape Designer or Landscape Contractor, knowledgeable in plant materials and landscape design may also prepare the landscape plan. Irrigation plans shall be prepared by a Licensed Irrigator or Landscape Architect. The City may reject plans if deemed of insufficient quality or completeness and require that plans be prepared by a Registered Landscape Architect or a Licensed Landscape Contractor.

• The landscape plan shall meet the following standards and contain the following information:

Sheet size 24" x 36", or as approved.

Acceptable scale: 1" = 10', 1" = 20', or as approved.

North arrow, graphic and written scale in close proximity.

Appropriate title (i.e. "Landscape Plan").

Title block shall include the project street address, subdivision name, with lot and block numbers, date of plan preparation (and revisions).

Name and address of owner.

Name, address and phone of firm preparing plan.

Property boundaries and dimensions.

Any existing or proposed easements and utilities shown

Width and type of buffer yards labeled on all sides.

Location, caliper size and name of all existing trees with a caliper equal to, or greater than 6-inches, which are to be preserved.

Location, quantity, size and name of all proposed plant materials.

Provide buffer yard and Interior Landscape Calculations.

Visibility triangles shown.

Landscape Architect seal signed and dated.

Plant list, with the size and spacing of all plants.

Location and footprint of proposed or existing buildings and parking lots.

Any berms delineated with one-foot (1') contour intervals.

Any proposed or existing sidewalks.

Location of all existing trees with indication as to those to be preserved.

Location of all landscaping material to be used including paving, benches, screens, fountains, statues, walls/fences or other landscaping features;

Type of watering system and location of watering source, irrigation, sprinkler, or water system, including placement of water sources.

Description of maintenance provisions of the landscaping plan.

Description of how existing trees will be protected during construction.

All General Landscaping Notes listed in Section 17.1(R) of this Article.

Non-residential and Multi-family Landscape Buffer Requirements

• A non-residential or multi-family use adjacent to, or directly facing, a single-family zoning district shall provide a minimum twenty foot (20') landscape buffer adjacent to the property line of the residential use or residentially zoned property. A minimum of one (1) shade tree shall be planted for each thirty linear feet (30') of landscape buffer. A minimum of ten (10) shrubs shall be planted for each forty linear feet (40') of landscape buffer. Buffer shrubs shall be evergreen or similar, a minimum of eighteen (18) inches in height at time of planting and of a variety that can be expected to reach four to five (4-5) feet in height within three (3) to five (5) years of initial planting. All other areas within the landscape buffer shall be covered with grass or another solid vegetative cover approved at the time of Site Plan approval. The buffer wall standards below shall also be applicable.

• A non-residential, non-industrial use that is adjacent to, or facing, a multi-family zoning district shall provide a minimum ten foot (10') landscape buffer adjacent to the property line of the residential use or residentially zoned property. Industrial uses shall be required to install a twenty (20) foot buffer. A minimum of one (1) shade tree shall be planted for each thirty linear feet (30') of landscape buffer. A minimum of ten (10) shrubs shall be planted for each fifty linear feet (50') of landscape buffer. Buffer shrubs shall be evergreen or similar, a minimum of eighteen (18) inches in height at time of planting and of a variety that can be expected to reach four to five (4-5) feet in height within three (3) to five (5) years of initial planting. All other areas within the landscape buffer shall be covered with grass or another solid vegetative cover approved at the time of Site Plan approval. The buffer wall standards below shall also be applicable.

• The following standards shall apply when a buffer wall is required:

Fences and walls used as a buffer must have a minimum height of 6 feet (6') but may not exceed 8 feet (8') in height. If a fence is installed on top of a berm, the fence height shall be measured from the grade level of the berm and not from the natural grade. The height restriction shall not apply to decorative or architectural ornamental elements, such as pilasters and pilaster caps.

Fencing and walls shall not be placed within a required Sight Triangle.

Fences and walls must be constructed of high quality materials, such as decorative block, brick, stone, woodcrete (decorative concrete), faux stone, wrought iron and comparable materials. The use of chain-link fencing, with or without slats, sheet metal, railroad ties or like materials may not be used as a screening wall or fence.

Breaks in the fence or wall may be made to provide pedestrian connections to the perimeter of the site and to adjacent development or to provide a means of access to maintain the buffer wall or required landscaping.

In lieu of a masonry or wood screen, a combination of trees and shrubs and/or an earthen berm, may be installed to satisfy the minimum six-foot height. If vegetation is used for screening, vegetation shall be a minimum of six (6) feet tall at the time of planting, shall be evergreen and shall create an opaque barrier immediately at the time of planting. Earthen berms shall be constructed with a maximum 1:3 (one vertical to three horizontal) slope. The entire length of the berm shall be vegetated with dense evergreen plant material. The incorporation of screening mesh, shade cloth or other acceptable screening techniques may also be considered. Depending upon the height of the items being screened, the distance from the buffer of items being stored and the proximity of residential lots, staff reserves the flexibility to increase or decrease these standards based upon site specific circumstances, An applicant may appeal the final decision of the City with respect to this requirement to the Planning and Zoning Commission.

• A non-residential use adjacent to a multi-family zoning district shall provide a minimum ten foot (10') landscape buffer adjacent to the property line of the residential use or residentially zoned property. A minimum of one (1) shade tree shall be planted for each thirty linear feet (30') of landscape buffer. A minimum of ten (10) shrubs shall be planted for each fifty linear feet (50') of landscape buffer. All other areas within the landscape buffer shall be covered with grass or another solid vegetative cover approved at the time of Site Plan approval. The Buffer Wall Standards below shall also be applicable.

• The following standards shall apply when a buffer wall is required:

Fences and walls used as a buffer must have a minimum height of 6 feet (6') but may not exceed eight feet (8') in height. The height restriction shall not apply to decorative or architectural ornamental elements, such as pilasters and pilaster caps.

Fencing and walls shall not be placed within the line of sight as determined by the Sight Triangle.

Breaks in the fence or wall may be made to provide pedestrian connections to the perimeter of the site and to adjacent development.

In lieu of the masonry or wood screening wall, a combination of screening trees, shrubs and earthen berms may be constructed to the minimum six-foot height. Earthen berms shall be constructed with a maximum 1:3 (one vertical to three horizontal) slope. The entire length of the berm shall be vegetated with dense evergreen plant material.

Existing Tree Credits

Credits shall only be granted if the trees are in healthy condition and all requirements of this UDC have been met, as determined by the City Planner at the time of submitting the Landscape Plan.

• Existing Tree Credit Calculation

Existing trees which are saved in landscape areas and that can provide protection for at least 75% of the 'Critical Root Zone' will be granted credits toward reducing the required plantings as follows:

Undesirable Trees (Any Size) = 0.5 tree credit

Approved Tree 6-12 inch Diameter at Breast Height (4.5 feet) = 1.5 Tree Credits

Approved Tree 12-inch (or larger) Diameter at Breast Height (4.5 feet) = 2.5 Tree Credits

Trees are classified as Approved or as Undesirable in Section L below.

Improvements in the Public Right-Of-Way

All unpaved portions of public right-of-way (R.O.W.) must be planted with an approved grass, as classified in Section L below. A maximum of ten percent (10%) of the required interior plant material may be placed within the R.O.W. parkway should the applicant elect to provide plantings in the public R.O.W.

Approved Landscaping Plant List

Landscape plans shall incorporate plantings from the approved species listings. Plants species on the undesirable tree list shall not be incorporated into landscape plans. Existing undesirable trees, if retained, shall count as 0.5 (1/2) of a tree credit.

The City Planner is authorized to consider other plant species not included in the approved landscaping plant lists if such plant is appropriate to the South Central Texas climate and is appropriate within the context of a proposed Landscape Plan.

Approved Shade Trees

Common Name	Scientific Name
American elm	Ulmus Americana
Anaqua	Ehretia anacua
Arizona Cypress	Cupressus arizonica
Bald Cypress	Taxodium distichum
Bigtooth Maple	Acer grandidentatum
Black Walnut	Juglans nigra
Bur Oak	Quercus macrocarpa
Canby's Oak	Quercus canbyi
Carolina Basswood	Tilia caroliana
Cedar elm	Ulmus crassifolia
Chinkapin or Chinquapin oak	Quercus muhlenbergii
Chisos red, Graves	Quercus gravesii
Durand oak	Quercus durandii
Fragrant ash	Fraxinus cuspidate
Green ash	Fraxinus Pennsylvania
Lacey oak	Quercus glaucoides
Little, Texas walnut	Juglans microcarpa
Mexican live or Monterrey oak	Quercus polymorpha
Mexican sycamore	Platanus mexicana
Nuttall Oak	Quercus nuttallii
Pecan	Carya illinoensis
Red oak	Quercus texana
Shin oak	Quercus mohriana
Southern live oak	Quercus virginiana
Texas ash	Fraxinus texansis
Texas red oak	Quercus buckleyi (texana)
Texas sycamore	Platanus occidentalis
Vasey oak	Quercus pungens var.vaseyana

Approved Ornamental, Evergreen and Palm Trees

Common Name	Scientific Name
Aleppo pine	Pinus halepensis
Anacacho orchid tree	Bauhinia congesta
Bradford Pear	Pyrus calleryana
California fan (exotic)	Washingtonia filifera
Carolina buckthorn	Rhamnus caroliniana
Condalia, brazil	Condalia hookeri
Crepe myrtle, etc. (exotic)	Lagerstroemia indica, fauriei, and X's
Desert willow	Chilopsis linearis
Dwarf Palmetto	Sabel minor
Eastern red cedar	Juniperus virginiana
Escarpment live oak	Quercus fusiformis
Evergreen Sumac	Rhus virens
Flameleaf sumac	Rhus lanceolata
Goldenball leadtree	Leaucaena retusa
Lavender tree	Vitex agnus-castus
Mediterranean fan palm (exotic)	Chamaerops humilius
Mexican buckeye	Ungnadia speciosa
Mexican Palmetto, sable	Sabal mexicana
Mexican pinyon pine/Remote pine	Pinus cembroides
Mexican redbud	Cercis reniformis
Mountain laurel or mescal bean	Sophora secundiflora
Possum-haw holly	Ilex deciduas
Rusty blackhaw	Viburnum rufidulum
Texas Crabapple	Mollis texana
Texas or Oklahoma redbud	Cercis canadensis var. texensis
Texas Palmetto, sable	Sabal texana
Texas persimmon	Diospyrus texana
Texas Pistache	Pistacia texana
Texas sophora or Eve's Necklace	Sophora affinis
Wild olive, Mexican wild olive	Cordia boissieri
Yaupon holly	Ilex vomitoria

Approved Shrubs, Vines, Perennials and Ground Cover

Common Name	Scientific Name
Agarita, Agarito	Berberis (Mahonia) trifoliata
Agarita, Tx. Barberry	Berberis spp.
Althea, Rose-of-Sharon	Hibiscus syriacus
American Beauty	Callicarpu americana
Artemesia	Artemesia spp.
Asian Jasmine	Trachelospermum asiaticum
Asparagus Fern	Asparagus sprengeri
Aster	Aster spp.
Autumn Sage	Salvia greggii
Bird of Paradise	Caesalpinia gilliesi
Blue Sage, Mealy Sage	Salvia farenaceae
Blue Shrub Sage	Salvia ballotaeflora
Bottlebrush	Callistemon spp
Bougainvillea	Bougainvillea
Brazilian Sky Flower	Duranta repens
Buckley Yucca	Yucca constricta
Bush Morning-Glory	Ipomea fitulosa
Butterfly Bush	Buddleia spp.
Butterfly Vine	Mascagnia spp.
Orchid Vine	Stigmaphyllon littorale
Cape Honeysuckle	Tecoma capensis
Caroline Jessamine	Gelsemium sempervirens
Cat Claw Mimosa, Fragrant Mimosa	Mimosa bluncifera
Century Plant	Agave americans
Cigar Plants	Cuphea spp.
Columbine	Aquilegia spp.
Confederate Jasmine, Star Jasmine	Trachelospermum jasminoides
Coppertone Loquat	Eriobotrya x "Coppertone"
Coral Honeysuckle	Lonicera sempervirens
Coral Vine, Rosa-De-Montana, Queens Wreath	Antigonon leptopus
Coralberry	Symphoricapus orbiculatus
Dwarf Nandina	Nandina domestics "nana" etc.
Dwarf Yaupon	Ilex vomitoria nana
Elderberry	Sambucus Canadensis
Evening Primrose	Oenothera speciosa
Fern Acacia	Acacia hirta
Firecracker Plant	Russelia equisetiformis
Fireman's Cap, Coral Tree	Erythina crista-galli
Four-nerve Daisy	Hymenoxys scaposa
Frogfruit	Phyla humilis
Gayfeather	Liatris spp.
Giant Liriope	Liriope gigantea
Golden Shrub Daisy	Euryops pecinatus
African Bush Daisy	Gamolepis chrysanthemoides
Guara	Gaura spp
Hawthorn	Crataegus spp.
Heartleaf Hibiscus	Hibiscus cardiophyllus
Hibiscus, Texas Star	Hibiscus coccineus
Hummingbird Bush	Anisacanthus spp.
Illinois Bundleflower	Desmanthus illinoensis
Iris	Iris spp
Italian Jasmine	Jasminium floridum
Juniper	Juniper spp
Lady Banksia Rose	Rosa Banksiae
Lantana	Lantana spp.
Lily Turf, Liriope (Std., "Big Blue")	Liriope muscari vars
Lindheimer Senna	Cassia lindheimeriana
Mexican Bird of Paradise	Caesalpinia mexicana
Mexican Butterfly Weed	Asclepias tuberosa
Mexican Flame Vine/Love Vine	Senecio confuses
Mexican Marigold	Tagetes llucida
Mexican Oregano	Poliomentha longiflora
Mexican Shrimp Plant	Justicia suberecta
Mist Flower	Eupatroium spp.
Mondo Grass, Monkey Grass	Ophiopogon japonica
Mountain Sage	Salvia regla
Nandina	Nandina domestics spp.
Narrow-leaf Yucca	Yucca agustifolia
Passion Vine	Passiflora allatocaerrulea (P.pfordtii)
Passionflower	Passifloria incarnate
Pigeonberry	Rivina humilis
Pink Skullcap	Scutelleria spp.
Pomegranate (Regular and Dwarf)	Puncia granatum
Prairie Phlox	Phlox spp.
Primrose Jasmine	Jasminum mesnyi
Primrose	Primrose spp.
Prostrate Rosemary	Rosemarinus officinales vars.
Purple Coneflower	Echinacea purpurea
Red Yucca	Hesperaloe parviflora
Rock Rose	Pavonia lasiopetala
Rosemary	Rosemarinus spp.
Salvia	Salvia spp.
Santolina	Santolina spp.
Shrimp Plant	Justicia spp.
Silk Tassel	Garrya ovata lindheimer
Softleaf Yucca	Yucca pendula
Sotol	Dasylirion spp.
Spanish Dagger	Yucca treculeana
St. John's Wort	Hypericum spp
Texas Clematis, Scarlet Leatherflower	Clematis texensis
Texas Elbow Bush	Foresteriera pubeseebs
Texas Silverleaf, Sage, Cenizo	Leucophyllum frutescens
Texas Wisteria	Wisteria macrostachya
Thompson Yucca	Yucca thompsonia
Trumpet Vine, Trumpet Creeper	Campsis radicans x "Madame Galen"
Turk's Cap	Malvaviscus drummondii
Twisted-leaf Yucca	Yucca rupicola
Verbena	Verbena spp.
Virginia Creeper	Parthenocissus quinquefolia
Wax Myrtle - Dwarf, Standard	Myrica cerifera
White Bush Honeysuckle	Lonicera albiflora
Winecup	Callirhoe involuerata
Wisteria, evergreen	Wisteria millettia veticulata
Witchhazel	Hamamelis virginiana
Yarrow	Achillea millefolium
Yew	Podocarpus macrophyllus
Yucca	Yucca spp.

Approved Ornamental Grasses

Common Name	Scientific Name
Bamboo Muhly	Muhlenbergia dumosa
Big Bluestern	Andropogon gerardii
Deer Muhly	Muhlenbergia rigens
Eastern Gama grass	Tripsacum dactyloides
Gulf Muhly	Muhlenbergia capillaris
Indian Grass	Sorghastrum natums
Inland Sea Oats	Chasmanthium latifolium
Lindheimer Muhly	Muhlenbergia lindheimer
Little Bluestem	Schizaachyrium scoparium
Mexican Feathergrass	Stipa tenuissima
Pine Muhly	Muhlenbergia dubia
Seep Muhly	Muhlenbergia reverehonii
Sideoats grama	Bouteloua curtipendula
Switch Grass	Panicum virgatum
Weeping Muhly	Muhlenbergia dubioides
Western Wheatgrass	Agropyron smithii

Approved Turf Grasses *

Common Name	Scientific Name
Bermuda grass	Cynodon dactylon var. dactylon
Buffalo grass	Buchloe dactyloides
Blue Grama	Bouteloua gracilis
Zoysia Grass Varieties	Zoysia sp.

* The City will consider additional varieties of turf grass that have summer dormancy characteristics. Summer dormancy is defined as the ability of turf grass to survive without water for a period of sixty (60) consecutive days during the months of May through September.

Undesirable Trees

Common Name	Scientific Name
Arizona Ash	Fraxinus velut
Ashe-Juniper, Mountain Cedar	Juniperus ashei
Box Elder	Acer negundo
Chinaberry tree	Melia azedarach L.
Chinese Loquat or Loquat	Eriobotrya japonica
Chinese Parasol/Varnish Tree	Firmiana simplex
Chinese Tallow	Sapium sebiferum
Golden-Rain Tree	Koelrenteria paniculata
Huisache or Sweet Acacia	Acacia farnesiana
Japanese Plum	Prunus salicina
Ligustrum or Privet	Ligustrum japonicum
Lombardy Popular	Populus nigra "italica"
Mesquite	Prosopis glandulosa
Mimosa	Albizia julibrissin
Paper Mulberry	Broussonetia papyrifera (L.) L= (Her. ex. Vent.)
Saltcedar	Tamarix ramosissima Ledeb.
Sugarberry or Hackberry	Celtis laevigata
Tree of Heaven	Ailanthus altissima

Public and Private Schools, Churches, Landscaping Credits

The City recognizes the unique circumstances associated with school and church development and the fact each of these uses may have considerable open space devoted to playgrounds, ball fields, outdoor recreation or areas for future expansion of facilities. For these uses, the City Planner has the discretion to issue landscaping credit toward fulfilling the landscaping requirements of this UDC subject to the following criterion:

• Open space is landscaped with approved turf grass designated by this section,

• Open space contains recreational facilities, including, but not limited to playgrounds and tennis courts, on pervious or impervious surfaces;

• More substantial tree and shrub landscaping is planted along the perimeter of the school or church property lines;

• Landscape Plan complies with all Landscape Buffer requirements of this section for protected uses.

The decision of the City Planner may be appealed to the Planning and Zoning Commission.

Variances

The Planning and Zoning Commission shall have the authority to hear requests for variances to the Landscaping and Buffering requirements when the literal enforcement of these requirements would result in creation of an unnecessary hardship or impractical application of the plan considering the physical characteristics of the lot or parcel of land in question. All of the application requirements, variance hardship criteria, legal notice procedures, and application filing fee required for the granting of a zoning variance, as defined in this UDC, shall be applicable.

Miscellaneous Landscaping Requirements and Landscape Plan General Notes

Below are miscellaneous technical requirements pertaining to the installation and maintenance of required landscaping. The following General Notes stipulating these requirements shall be included on all required Landscape Plans:

• CONTRACTOR SHALL STAKE OUT TREE LOCATIONS AND BEDS FOR OWNER APPROVAL PRIOR TO INSTALLATION.

• CONTRACTOR IS RESPONSIBLE FOR VERIFYING LOCATIONS OF UNDERGROUND UTILITIES PRIOR TO CONSTRUCTION.

• IT IS THE RESPONSIBILTY OF THE CONTRACTOR TO ADVISE THE OWNERS OF ANY CONDITION FOUND ON-SITE WHICH PROHIBITS INSTALLATION PER THESE PLANS.

• ALL SHRUB and GROUNDCOVER BEDS SHALL HAVE A MINIMUM OF TWO INCHES OF MULCH.

• LANDSCAPE EDGING SHALL BE LOCATED AS DEPICTED ON LANDSCAPE PLAN.

• TREES SHALL BE PLANTED A LEAST 5-FEET FROM ANY UTILITY LINE and OUTSIDE ALL UTILITY and DRAINAGE EASEMENTS. A 3-FOOT CLEAR DIAMETER AROUND FIRE HYDRANTS IS REQUIRED.

• ANY TREE PLANTED WITHIN 5 FEET OF A CURB, WALK OR DRIVE MUST INCLUDE AN APPROVED RIGID PLASTIC ROOT BARRIER APPROVED BY THE City.

• TREES OVERHANGING WALKS and PARKING AREAS SHALL HAVE A CLEAR TRUNK HEIGHT OF 8- FEET.

• TREES OVERHANGING VISIBILITY EASEMENTS OF RIGHT-OF-WAYS SHALL HAVE A MINIMUM CLEAR TRUNK HEIGHT OF EIGHT (8') FEET.

• TREES OVERHANGING PUBLIC STREET PAVEMENT, DRIVE AISLES, AND FIRE LANES WILL HAVE A MINIMUM CLEAR TRUNK HEIGHT OF 14 FEET.

• TREES PLANTED ON SLOPES WILL HAVE THE SOIL STAIN AT AVERAGE GRADE OF SLOPE.

• NO SHRUBS SHALL BE PERMITTED IN A LANDSCAPE BED LESS THAN 3 FEET (3') IN WIDTH. SUCH AREAS SHALL BE COVERED WITH GRASS, GROUNDCOVER OR PERMANENT FIXED MATERIALS SUCH AS PAVERS.

• MULTI-TRUNK AND ORNAMENTAL TREES WILL BE ALLOWED IN THE CITY'S RIGHT-OF-WAY SUBJECT TO CITY APPROVAL, BUT MUST BE LOCATED OUT OF CLEAR SIGHT VISIBILITY AREAS.

• IN MEDIANS, LANDSCAPE MATERIAL, EXCEPT FOR TREES, SHALL NOT EXCEED 2'-6" IN HEIGHT.

• A VISIBILITY TRIANGLE MUST BE PROVIDED AT ALL INTERSECTIONS AS REQUIRED BY THE FUTURE THROUGHFARE PLAN. SHRUBS MAY NOT EXCEED 2'-6" IN HEIGHT. TREES WILL HAVE A MINIMUM CLEAR TRUNK BRANCHING HEIGHT OF EIGHT (8') FEET.

• PLANT MATERIALS SHALL BE MAINTAINED IN A HEALTHY AND GROWING CONDITION and BE REPLACED WITH PLANT MATERIAL OF SIMILAR VARIETY and SIZE, IF DAMAGED, DESTROYED OR REMOVED.

• LANDSCAPE AREAS SHALL BE KEPT FREE OF TRASH, LITTER AND WEEDS.

• ALL SIGNS and FENCING IS CONTINGENT ON THE ISSUE OF PERMITS and INSPECTIONS.

• WHERE IRRIGATION SYSTEMS ARE APPROVED, OVER SPRAY ON STREETS and WALKS IS PROHIBITED. A PERMIT FROM THE BUILDING INSPECTION DEPARTMENT IS REQUIRED

                    
                        var val = document.getElementById('citecontent').innerHTML;
                        art.dialog.defaults.title = window.location.href;
                        art.dialog.data('cite', val);
                        art.dialog.data('homeDemoPath', '/Scripts/plus/artDialog/');
                        art.dialog.open('/Scripts/plus/artDialog/citeiframe.html');