HomeMy WebLinkAboutOrd 056-2003 Landscape Regulations.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 56-2003
LANDSCAPE REGULATIONS
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ADOPTING LANDSCAPE
REGULATIONS FOR NEW DEVELOPMENT IN THE CITY; ESTABLISHING THE SCOPE OF
THE REGULATIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR ISSUANCE OF
PERMITS; REQUIRING A LANDSCAPE PLAN; ESTABLISHING STANDARDS FOR
MATERIALS AND INSTALLATION; ESTABLISHING MINIMUM LANDSCAPING
REQUIREMENTS; PROVIDING FOR TREE PRESERVATION; ESTABLISHING SIGHT
DISTANCE AND VISIBILITY REQUIREMENTS; PROVIDING FOR MAINTENANCE OF
LANDSCAPING; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING
FOR SEVERANCE; ESTABLISHING A PENALTY FOR VIOLATIONS ; ESTABLISHING AN
EFFECTIVE DATE
WHEREAS, the Planning and Zoning Commission has determined that a need exists for
landscaping requirements for new development in the city; and
WHEREAS, the Planning and Zoning Commission has studied various landscape regulations
and has recommended a set of regulations to the City Council for approval; and
WHEREAS, the City Council is in agreement that a need exists for landscaping requirements
and accepts the recommendations of the Planning and Zoning Commission; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT
Section 1. Landscape Requirements.
(1) Purpose.
Landscaping is accepted as adding value to property and is in the interest of the general welfare
of the city. Therefore, landscaping is hereafter required of new development.
(2) Scope and enforcement.
(a) The provisions of this section shall be administered by the city administrator or
designee. The standards and criteria contained within this section are deemed to be
minimum standards and shall apply to all new construction or any existing development
which is altered by increasing the floor area by 30 percent or more of the originally
approved floor area, either by a single expansion or by the cumulative effect of a series of
expansions.
(b) All uses which are a conversion or change in use requiring the expansion of or
significant improvements to meet parking standards shall upgrade landscaping on the site
and meet these requirements to the extent practical.
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(c) If at any time after the issuance of a certificate of occupancy, the approved
landscaping is found to be in nonconformance to the standards and criteria as approved
on the landscape plan, the building official shall issue notice to the owner, citing the
violation and describing what action is required to comply with this section. The owner(s),
tenant(s), and/or agent(s) shall make reasonable progress within 30 days from date of said
notice and shall have 90 days to completely restore the landscaping as required. A 30 -
day extension may be granted by the building official if a hardship due to extreme
seasonal conditions can be demonstrated by the owner(s), tenant(s), and/or agent(s). If
the landscaping is not restored within the allotted time, such person shall be held in
violation of this ordinance.
(3) Permits.
(a) No permits shall be issued for building, paving, grading, or construction until a
detailed landscape plan is submitted and approved by the city administrator or designee.
Prior to the 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 and a
reproducible mylar copy of the landscaping as installed shall be provided to the City for
permanent filing.
(b) In any case in which a certificate of occupancy is sought at a season of the year in
which the city administrator determines that it would be impractical to plant trees, shrubs
or grass, or to lay turf, a temporary certificate of occupancy may be issued, if a letter of
agreement from the property owner is provided stating when the installation shall occur.
All landscaping required by the landscape plan shall be installed within six months of the
date of issuance of the temporary certificate of occupancy or the site shall be deemed to
be in violation of this ordinance and the temporary certificate of occupancy shall be
revoked.
(4) Landscape plan.
(a) A landscape plan shall be shown as part of the site plan as required by the City.
Prior to the issuance of a building, paving, grading, or construction permit for any new use,
a final landscape plan shall be submitted to the planning division. The city administrator or
designee shall review such plans and shall approve same if the plans are in accordance
with the criteria of these regulations and the approved site plan. If the plans are not in
accord, they shall be disapproved; disapproval shall be accompanied by a written
statement setting forth the changes necessary for compliance.
(b) Landscape plans shall be prepared by a person knowledgeable in plant material
usage and landscape design (e.g. landscape architect, landscape contractor, landscape
designer, etc.). Conceptual and final landscape plans shall contain the minimum following
information:
Minimum scale of one inch equals 40 feet;
2. Location, size, and species of all trees to be preserved (do not use "tree
stamps" unless they indicate true size and location of trees);
3. Location of all plant and landscaping material to be used, including plants,
paving, benches, screens, fountains, statues, earthen berms, ponds (to include
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(5)
depth of water), topography of site, or other landscape features (except that location
of plants and landscaping materials may be generalized on a conceptual landscape
plan);
4. Species, size, spacing, and quantities of all plant material to be used in a
tabular form (except that conceptual landscape plans may provide general plant
types in -lieu -of species);
5. Affidavit on the plan stating that irrigation, sprinkler, or water systems, including
placement of water sources, shall be provided;
6. Person(s) responsible for the preparation of the landscape plan, including
affidavit of their qualifications to prepare said plan;
Mark indicating north;
8. Date of the landscape plan, including any revision dates;
9. Planting details (not required on conceptual landscape plans);
10. Percentage of total site in permanent landscaping;
11. Percentage of street yard in permanent landscaping;
12. Dimensions of all landscape areas;
13. Number of required trees and number of trees provided;
14. Location of all existing and planned overhead and underground utilities shall be
shown on the landscape plan (or on an accompanying utility plan drawn at the same
scale, if necessary for clarity).
General standards.
(a) The following criteria and standards shall apply to landscape materials and
installation:
1. Required landscaped open areas shall be completely covered with living plant
material. Nonliving landscaping materials such as wood chips and gravel may be
used only under trees, shrubs, and other plants.
2. Plant materials shall conform to the standards of the approved plant list for the
city (see appendix, approved plant list). Grass seed, sod and other material shall be
clean and reasonably free of weeds and noxious pest and insects.
a. To promote prudent use of the city's water resources and reduce the
need for additional water system infrastructure, additional water resources and
water purification systems, and to help insure viability of required plantings
during periods of drought, required landscaping shall comply, where feasible,
with the following requirements designed to reduce water usage.
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b. Required plant materials shall be selected from those identified as
xeriscape plants on the approved plant list.
C. Where specific conditions reduce the likelihood that any of these plant
materials will survive, other plants on the list may be substituted.
d. Other plants not on the list may be substituted at the discretion of the city
administrator. The applicant may be required to provide substantiation as to the
hardiness, adaptability, and water demands of the plant when used in this area.
e. For maximum reduction in water usage, xeriscape plants should not be
interspersed in plant massings with plants requiring higher water usage.
f. Applicants should design irrigation systems and watering schedules
which supply the appropriate amount of water without overwatering.
3. Ornamental trees shall have a minimum spread of crown of greater than 15
feet at maturity. Ornamental trees having a minimum mature crown of less than 15
feet may be substituted by grouping the same so as to create the equivalent of 15
feet of crown width. Canopy trees shall have a minimum spread of crown of 25 feet
at maturity.
4. Large trees shall be a minimum of three inches in caliper as measured 24
inches above the ground and seven feet in height at time of planting.
5. Small trees shall be a minimum of one inch in caliper as measured 24 inches
above the ground and five feet in height.
6. Shrubs not of the dwarf variety shall be a minimum of two feet in height when
measured immediately after planting.
7. Hedges, where installed for buffering purposes required by this section, shall
be planted and maintained so as to form a continuous, unbroken, solid visual screen
which will be three feet high within two years after time of planting.
8. Landscaping, except required grass and low ground cover, shall not be located
closer than three feet from the edge of any parking space.
9. Evergreen vines not intended as ground cover shall be a minimum of two feet
in height immediately after planting and may be used in conjunction with fences,
screens, or walls to meet landscape screening and/or buffering requirements, as set
forth herein and as approved by the city administrator.
10. Grass areas shall be sodded, plugged, sprigged, hydro -mulched, or seeded,
except that solid sod shall be used in swales, or when necessary to prevent erosion.
Grass areas shall be established with complete coverage within a six-month period
of time from planting, and shall be re-established, if necessary, to ensure grass
coverage of all areas.
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11. Ground covers used in -lieu -of grass shall be planted in such a manner as to
present a finished appearance and reasonably completed coverage within one year
of planting.
(b) All required landscaped open space shall be provided with an automatic
underground irrigation system, except for required landscaping in single family or two
family development. Said irrigation system shall be designed by a qualified professional
and installed by a licensed irrigator after receiving a permit, as may be required under the
construction code.
(c) Earthen berms shall have side slopes not to exceed 3:1 (three feet of horizontal
distance for each one foot of height). All berms shall contain necessary drainage
provisions, as may be required by the city engineer.
(d) No tree shall be planted closer than four feet to a right-of-way line nor closer than
eight feet to a public utility line (water or sewer), unless no other alternative is available.
Further, a landscaping area in which trees are to be provided shall not conflict with a utility
easement, unless no alternative is available.
(e) No tree which has a mature height of twenty-five feet or greater shall be planted
beneath an existing or proposed overhead utility line.
(6) Minimum landscaping requirements.
(a) For all nonresidential and multiple -family at least 15 percent of the street yard shall
be permanent landscape area. The street yard shall be defined as the area between the
front property line and the minimum front setback line.
(b) For all nonresidential and multiple -family parcels located at the intersection of two
dedicated public streets (rights-of-way), a 600 square foot landscape area shall be
provided at the intersection corner, which can be counted toward the 15 percent
requirement.
(c) For all nonresidential and multiple -family parcels, a minimum of ten percent of the
entire site shall be devoted to living landscape which shall include grass, ground cover,
plants, shrubs, or trees.
(d) Setbacks:
1. Landscape setbacks on street rights-of-way other than major thoroughfares.
For all nonresidential and multiple -family parcels, a minimum ten -foot landscape
buffer adjacent to the right-of-way of any street other than a major thoroughfare is
required. If the lot is a corner lot, all frontages shall be required to observe the ten -
foot buffer. Slight variances may be allowed to the minimum ten -foot landscape
buffer in unusual circumstances, as approved on the site plan.
2. Landscape setbacks on major thoroughfares. For nonresidential and multiple -
family parcels, a minimum 20 -foot landscape buffer adjacent to the right-of-way of
any major thoroughfare is required. If the lot is a corner lot, all frontages shall be
required to observe the 20 -foot buffer. For the purposes of this section, a major
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thoroughfare is any proposed or existing thoroughfare with an ultimate right-of-way
width of 60 feet or greater.
3. If unique circumstances exist which prevent strict adherence with this
requirement, the city council may consider a granting a variance during the site plan
approval process to reduce the minimum 20 -foot landscape buffer to a minimum of
ten feet, provided that site design considerations have been incorporated to mitigate
the impact of the variance. Unusual circumstances include, but are not limited to:
Insufficient lot depth or size of the existing lot, existing structures and drives, and
floodplain and existing trees to be preserved. A variance may be granted if:
a. Unique circumstances exist on the property that make application of this
item unduly burdensome on the applicant, and
b. The variance will have no adverse impact on current or future
development, and
C. The variance is in keeping with the spirit of the zoning regulations, and
will have a minimal impact, if any on the surrounding land uses, and
d. The variance will have no adverse impact on the public health, safety and
general welfare, and
e. A financial hardship shall not be considered a basis for the granting of a
variance.
(e) For all nonresidential and multiple -family parcels, developers shall be required to
plant one large tree (minimum of three-inch caliper and seven feet high at time of planting)
per 40 linear feet, or portion thereof, of street frontage. Trees may be grouped or
clustered to facilitate site design.
(f) Landscape areas within parking lots should generally be at least one parking space
in size (180 square feet).
(g) No landscape area counting toward minimum landscaping requirements shall be less
than 25 square feet in area or less than five feet in width.
(h) For all nonresidential and multiple -family parcels, internal landscape areas shall:
1. Equal a total of at least eight square feet per parking space;
2. Have a landscaped area with at least one tree within 65 feet of every parking
space;
3. Have a minimum of one tree planted in the parking area for every ten parking
spaces within parking lots with more than 20 spaces.
(i) Within parking lots, landscape areas should be located to define parking areas and
assist in clarifying appropriate circulation patterns. A landscape island shall be located at
the terminus of each parking row, and should contain at least one tree. All landscape
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areas shall be protected by a monolithic curb or wheel stops and remain free of trash,
litter, and car bumper overhangs.
Q) All existing trees which are to be considered for credit shall be provided with a
permeable surface (a surface which does not impede the absorption of water) within a
minimum five-foot radius from the trunk of the tree. All new trees shall be provided with a
permeable surface under the dripline a minimum two and one-half foot radius from the
trunk of the tree.
(k) At least 75 percent of the frontage of parking lots, adjacent to a public right-of-way,
within the street yard shall be screened from public streets with evergreen shrubs attaining
a minimum height of three feet, an earthen berm of a minimum height of three feet, a low
masonry wall of a minimum height of three feet, or a combination of the above with a
minimum combined height of three feet. A wall used for parking lot screening should be
accompanied with landscape planting in the form of low shrubs and groundcover to soften
the appearance of the wall.
(1) A minimum of 50 percent of the total trees required for the property shall be large
(minimum three-inch caliper, seven feet in height at time of planting) canopy trees as
specified on the approved plant list (see appendix, approved plant list).
(m) Necessary driveways from the public right-of-way shall be allowed through all
required landscaping areas in accordance with city regulations. Shared drives shall be
allowed through perimeter landscape areas.
(n) For all nonresidential and multi -family parcels, whenever an off-street parking area or
vehicular use area abuts an adjacent property line, a perimeter landscape area of at least
five feet shall be maintained between the edge of the parking area and the adjacent
property line.
(o) Whenever a nonresidential use, mobile home use, or multiple family use is adjacent
to a property used or zoned for single family or duplex residential use, the more intensive
land use shall provide a landscaped area of at least ten feet in width along the common
property line planted with one large tree (minimum three inches in caliper and seven feet
in height at time of planting) for each 40 linear feet or portion thereof of adjacent exposure.
(p) Evergreen shrubs (acceptable for six-foot screening) shall be provided around
dumpster screening wall, and the plant materials must be a minimum of three feet in
height at the time of planting, unless not visible from public right-of-way or a public use
area.
(q) For all single-family and duplex parcels, builders shall be required to plant two (2)
large trees (minimum of three-inch caliper and seven feet high at time of planting) per lot
prior to obtaining a certificate of occupancy. At least one of the trees shall be located in
the front yard. Existing quality trees of at least three-inch caliper size located on the lot
shall count to meet this standard if appropriate tree protection measures have been
followed.
(7) Tree preservation
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(a) Any trees preserved on a site meeting the herein specifications may be credited
toward meeting the tree requirement of any landscaping provision of this section for that
area within which they are located, according to the following table:
Caliper of Existing Tree Credit Against Tree Requirement
6" to 8" 2 trees
9" to 15" 3 trees
16" to 30" 4 trees
31" to 46" 5 trees
47" or more 8 trees
For purposes of this section, caliper measurement shall be taken at a height of 24 inches
above the ground, and shall be rounded to the nearest whole number.
(b) Existing trees may receive credit if they are not on the city's approved plant material
list but approved by the city administrator or designee; however, trees must be located
within the landscape area to which credit is applied.
(c) Any tree preservation proposed shall designate the species, size, and general
location of all trees on the conceptual or general landscape plan. The species, size, and
exact location shall be shown on the final landscape plan.
(d) During any construction or land development, the developer shall clearly mark all
trees to be maintained and may be required to erect and maintain protective barriers
around all such trees or groups of trees. The developer shall not allow the movement of
heavy equipment or the storage of equipment, materials, debris, or fill to be placed within
the drip line of any trees. This is not intended to prohibit the normal construction required
within parking lots.
(e) During the construction stage of development, the developer shall not allow cleaning
of equipment or material under the canopy of any tree or group of trees to remain. Neither
shall the developer allow the disposal of any waste material such as, but not limited to,
paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy of any tree or groups
of trees to remain. No attachment or wires of any kind, other than those of a protective
nature, shall be attached to any tree.
(8) Sight distance and visibility.
(a) Rigid compliance with these landscaping requirements shall not be such as to cause
visibility obstructions and/or blind corners at intersections. Whenever an intersection of
two or more streets or driveways occur, a triangular visibility area, as described below,
shall be created. Landscaping within the triangular visibility area shall be designed to
provide unobstructed cross -visibility at a level between two feet and six feet. Trees may
be permitted in this area provided they are trimmed in such a manner that no limbs or
foliage extend into the cross -visibility area.
(b) In the event other visibility obstructions are apparent in the proposed landscape plan,
as determined by the city administrator, the requirements set forth herein may be modified
to eliminate the conflict.
(9) Maintenance.
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(a) The owner(s), tenant(s), and/or their agent(s), if any, shall be jointly and severally
responsible for the maintenance of all landscaping. All required landscaping shall be
maintained in a neat and orderly manner at all times. This shall include, but not be limited
to:
Mowing (of grass of six inches or higher);
2. Edging;
3. Pruning;
4. Fertilizing;
5. Watering;
6. Weeding; and
7. Other activities common to maintenance of landscaping.
(b) Landscape areas shall be kept free of trash, litter, weeds, and other such 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.
(c) Plant material used to meet minimum landscaping provisions which die or are
removed shall be replaced with plant material of similar variety and size within ninety
(90) days.
Trees with a trunk diameter in excess of six inches measured 24 inches above
the ground may be replaced with trees of similar variety having a minimum
trunk diameter of three inches measured 24 inches above the ground.
2. If any tree was preserved and used as a credit toward landscaping
requirements was later removed for any reason, it shall be replaced by the
number of trees for which it was originally credited. Replacement trees shall
have a minimum trunk diameter of three inches measures 24 inches above the
ground.
A time extension may be granted by the city administrator if substantial
evidence is presented to indicate abnormal circumstances beyond the control
of the owner, tenant, or his agent.
(d) Failure to maintain any landscape area in compliance with this section is considered
a violation of this section and may be subject to penalties prescribed for violation of this
ordinance.
Section 2 Repeal Clause
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All parts of any ordinance in conflict with the provisions of this ordinance are to the extent of
such conflict hereby repealed.
Section 3 Savings Clause
If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder
of such ordinance shall continue in full force and effect the same as if such invalid or
unconstitutional provision had never been a part hereof.
Section 4 Penalties
Any violation of any of the terms of this ordinance, whether herein denominated as unlawful or
not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined
in an amount not to exceed two thousand dollars for each incidence of violation. Each day of
the continuance of such violation shall be considered a separate offense and be punished
separately.
Section 5 Effective Date
This ordinance shall be effective upon the posting and/or publication of its caption as required
by law and the City Secretary is hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna by the following vote on this the 11th day of
February, 2003.
AYE 5
NAY 0
ABSTENTION 0
ATTEST:
APPROVED:
City Sec etary Mayor
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