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Ord 1332 04/27/2021 Atch 5 Section 14.2 Lot Design A. Lot sizes and dimensions shall conform to the minimum requirements of the appropriate zoning district. The lot area shall be computed including all easements. Changes in the required lot sizes and dimensions may only be allowed through rezoning or through the granting of a variance by-the City Council. No lot shall be approved which does not meet the minimum requirements of the appropriate zoning district. B. In residential subdivisions not served by public sewer, the City shall require the developer to cause a percolation test to be made to demonstrate that all requirements.of Guadalupe County for private septic systems can be satisfied. In no case will the lot size in such subdivision be less than one acre. C. Depth and width of properties to be used for commercial or industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use:and development contemplated: D. Corner lots for residential development shall have enough width to permit the.required building setbacks and proper orientation to both streets. In all single-family residential develo ments, corner lots shall be required to have a minimum of five(5)feet of additional efibac from the ad'acent sitle street. E. Where any lot backs up to a railroad right-of-way, regional scale gas line, regional scale electric transmission line, industrial area or any other land use which may have a dangerous effect on residential property, and where no marginal access street or other street is provided at the rear of such. lot, an additional depth of twenty-five(25')M,shall be.required. Where a lot sides to any of the above, an additional width of fifteen 15' Mee, shall be required. A planting screen, fence or non-access easement of at least ten (10').M shall be provided along any lot lineabutting any of the situations described in this section. Persons proposing developments that are adjacent to or traversed by major regional gas or electrical lines shall submit plats, construction plans.or site plans to the.affected utility and obtain a letter stating "no objectioh" to the proposed development before plats or site plans may be approved by the City. F. Residential lots located 6n.a cul-de-sac, or semi-cul-de-sac (commonly referred to as a knuckle) shall comply with the minimum lot width requirement at the required building setback line, with the;lot width to be measured as a tangent line that connects the required building setback mark-along each,side lot line. Said lots shall also have a minimum arc length of thirty (301) feet along the cul-de-sac or knuckle in order to provide adequate driveway width. G. Residential lots shall.be oriented to take advantage of topography; the best relationship to the overall design of the neighborhood; and to minimize the effects of any surrounding depreciating land uses. H. There shall be no residential lots facing directly upon an arterial street. Residential lots located along . major collector streets should ideally back up to said streets, with primary,access provided by a minor collector or minor street. L Side lot lines shall be as nearly perpendicular as practicable to the street or radial to curved streets, except where a waiver to this.rule will provide a better street and lot layout. Every lot shall be provided With adequate access to a public street by direct frontage on such street. Rear and/on side driveway access to major streets shall be prohibited. J. Every lot shall be provided with adequate access to a public street, either by direct frontageon such street, or by public access easement approved by the City Council. Rear and/or side-driveway access to major arterial or collector streets shall be prohibited. K. Minimum.front setback lines' from all streets shall be shown on all plats and _shall conform to requirements of the applicable zoning district or Future Land Use Map designation for lots in the ETJ. The front-line setback shall be measured from the point where the public.right-of-way ends to.the front face to the building, covered porch, covered terrace or attached accessory building. - L: Double frontage. lots are prohibited, except when lots back up to highways, arterial streets or major collector thoroughfares. M. All lots.shall be numbered consecutively within each block. Lot numbering may be cumulative throughout the subdivision if the numbering continues from block to block in a uniform manner that has been approved on an overall street addressing plat. Lot numbers and address numbers must be approved by the Mity. N. ETJ Lot Standards Subdivisions outside.the FNity but within the,Rity's extraterritorial jurisdiction (ETJ)are not subject to the zoning requirements of this UDC. Based on the proposed use of property in the ETJ, developers are encouraged to follow the below standards when preparing:development plans: O. For the Purpose of this UDC, the City is divided into the followinge;_ -fists twee with each corresponding Future Land Use Map classification: Zoning District Future Land Use Map Designation a. SF-1 Estate Residential (0- 1 dwelling units per acre) b. SF-2 Low Density Residential (up to two (2) dwelling units/acre) c. SF-3' Low-Medium-Density Residential (up to three (3) dwelling.units/acre) d. SF-4 Medium Density Residential.(up to four(4) dwelling units/acre) e. SF-S Medium-High Densit Residential u to five 5 dwelling unit /acre) g. TF-1 Duplex Residential (Up to 12 dwelling units/acre) h. MF-1 Multi-Family Residential (Max. Density 18 dwellings/acre) i. MF-2 Multi-Family Residential (Max. Density 24 dwellings/acre) j. MHA Manufactured Home Residential (Max density 5.5 units per acre). k. MH-2 Mobile Home Residential (Max density 12 units.per acre) I. C-1 Neighborhood Commercial m. C-2 CommuniRetail/Service C--2R Communi Retail/Service–Retrictive Alcohol Sale o. C-3 General Retail/Office C-3R G g7e—ralll Retail/Office–Restrictive Alcohol Sale q. C-4 General Commercial r. PF Public Facilities (Parks and Institutional:Facilities); s. 1-1 Light lndustrial t. 1-2 Heavy Industrial U. AG Agricultural- Homestead 1. Zoning District.SF-1, Estate Residential a. Intent-This district is established for large-lot single-family residential housing and agricultural -use. It is consistent with a very low-density suburban/exurban environment with housing arranged in conventional detached format with a maximum:density of one (1) unit per acre. These lots contribute to the semi-rural setting of the City and are protected from incompatible Uses. Mobile/manufactured/modular homes are not permitted. b. Permitted uses-one (1)-dwelling unit per lot, community recreational facilities,-and farms._ c.: Specific uses - subject to Site Man approval, places of worship, schools, and private recreational amenities. d. Lot Design Requirements (1) Minimum Lot Area 43,560 sq. ft. (2) Minimum Lot Width _ 100' (3) Minimum Front Setback 40' (4) Minimum Rear Setback 25' (5) Minimum Side Setback 25' (6) Maximum Height of Principal Building 35' (7) Maximum Lot/I mpervious:Coverage 35% (8) ETJ Classification Estate Residential 2. Zoning District SF-2,Low Density Residential a. Intent - This district is established for traditional suburban development of single-family . detached dwellings in"a low density setting of up to two (2) units per acre. Higher intensity residential development serves as a buffer to protect this area from incompatible and nuisance issues. Mobile/manufactured homes are not permitted. b. Permitted uses -one (1) dwelling unit per lot, and community recreational facilities. c. Specific uses-subject to Site Ulan approval, private recreational amenities, places of worship, schools. . Lot Design Requirements (1) Minimum Lot Area 21,000 sq. ft. (2) Minimum Lot Width 85' (3) Minimum Front Setback 35' (4) Minimum Rear Setback 25' (5) Minimum Side Setback 10' (6) Maximum Height of Principal Building 35' (7) Maximum Lot/impervious Coverage 35% (8) ETJ Classification Low Density Residential 3. Zoning,District SF-3, Low-Medium Density Residential; „ a. Intent-This district is established for traditional suburban development of single-family detached dwellings in a low to medium density setting of up to three (3)-units per acre. Higher intensity residential development serves as a buffer to protect this area from incompatible and nuisance issues. Mobile/manufactured homes are not permitted. b. Permitted uses -"one (1) dwelling unit per lot, and community recreational facilities. c.1 Specific uses-subject to Site Ulan approval, private recreational amenities; places of worship, schools. d. Lot Design Requirements (1) Minimum Lot Area 12,000 sq,:ft. (2) Minimum Lot Width 80' (3) Minimum Front Setback 25' (4) Minimum Rear Setback 25' (5) Minimum Side Setback 15' (6) Maximum Height of Principal Building 35' - - (7) Maximum Lot/impervious Coverage 40% (8),ETJ Classification Low-Medium Density Residential 4. Zoning District,SF-4, Medium Density Residential a. Intent-This district is established for traditional suburban development of single-family detached dwellings in a medium density setting of up to four(4) units per acre: Higher intensity residential -development serves as a buffer to protect this area from incompatible and.nuisance issues. Mobile/manufactured homes are not_permitted. b. Permitted uses-one (1).dweiling unit per lot,and community recreational facilities. c. Specific uses-subject to Site Ulan approval, private recreational amenities, places of worship, schools: d. Lot Design Requirements (1) Minimum Lot Area 9,200 sq. ft. (2) Minimum Lot Width 70' (3) Minimum Front Setback" 25' (4) Minimum Rear Setback 10' (5) Minimum Side Setback 15' (6) Maximum Height of Principal Building 35' (7) Maximum Lot/impervious Coverage 50% (8) ETJ Classification Medium Density Residential 5. Zoning District SF-5,Medium-High Density Residential a. Intent-This district is established for traditional suburban development of single-family detached dwellings in a:medium to high density setting,of up to five (5) units per acre. Higher Intensity residential development serves as a buffer to protect.this area from incompatible and nuisance issues. The district is intended to complement the suburban district=and in infill:areas of the Town Centeri serving as a transitional use between commercial and single family uses. Mobile/ manufactured homes are not permitted. b. Permitted uses-one (1) dwelling unit per lot, and community recreational facilities. c.:. Specific uses-subject to Mite Plan approval, private recreational amenities, places of worship, schools. e. Lot Design Requirements (1) Minimum Lot Area 7,200 sq. ft. (2) Minimum Lot Width 65' (3) Minimum Front Setback 25' 4 Minimum Rear Setback 10' (5) Minimum Side Setback 10' (6) Maximum Height of Principal Building 35' (7) Maximum Lot/Impervious Coverage 55% (8) ETJ Classification Medium-High Density Residential .. i-ocidential distribt on�hloc h: r-Ncnc' units. 77"- o ..., .. "n;.types,y� 8—Gh�.cs to-W. h.gmac�enR homes nr dwplox4iplex t be deyelnr+`otJ in ilric Tb_Wn+Qenter, serving as a transitional use between GOmmerpiat-an� h. Permitted uses A4. r% R�NI . 14QQ .. 6) Makirnuith-Hei§ht Of PFinGipal B iii-in 351L_ 7N everag NO Density Resod 7. Zoning District TF-1, Duplex Residential a. Intent-The duplex residential district.enables higher density (Up to 12 units per acre).housing types such as duplex/triplex to be developed in closer proximity to collector streets. The.district is intended to complement the suburban district-and in infill areas of the Town Center, serving as a transitional use,between commercial and single family uses. Mobile/manufactured/modular homes are not permitted. b. Permitted uses—one(1:) duplex or triplex per lot, and community recreational facilities._ -c. Specific uses- subject to rite Plan approval, private recreation amenities, places of worship, schools. d. Lot Design Requirements (1) Minimum Lot Area 9,000 sq. ft, - - (2) Minimum Lot Width 75' (3) Minimum Front Setback 25' (4) Minimum Rear Setback 10' (5) Minimum Side Setback 10' (6) Maximum Height of Principal Building 35' (7) Maximum Lot/impervious Coverage 60% (8) ETJ Classification Medium High Density Residential 8. Zoning District MF-1, Multi-Family Residential a. Intent-This district provides for attached, multiple family residential use to a maximum density of 18.0 units per acre, situated with access to an arterial roadway. It is intended to be located near retail and office use to provide convenient service. Its scale is complementary to the Town Center and provides pedestrian access to surrounding service uses. Mobile/ manufactured/modular homes are:not permitted. b. Permitted uses - townhomes, condominiums and apartments not to exceed eighteen (18) dwelling..units per acre, and cluster housing not to exceed fifteen (18) units per acre. Mobile/manufactured/modular homes are not permitted. c. Specific uses-subject to Bite glan approval,_private recreational amenities, places of worship, schools. d.: Lot Design Requirements (1) Maximum Lot Area 20 Acres (2) Minimum Lot Width 100' (3) Minimurrm Front Setback 25' (4) Minimum Rear Setback 10' (5) Minimum Side Setback 10' (6) Maximum Height of Principal Building 45' (7) Maximum Lot/Impervious Coverage 75% (8) ETJ Classification Medium High - High Density Residential 9. Zoning District MF-2, Multi-Family Residential a. Intent - This district provides for attached, multiple family residential use to a maximum density:of 24 units,per acre; situated with access to a major arterial roadway or highway. It,is intended to,be located near retail and office use to provide convenient service, and access to regional facilities for its residents. b.. Permitted uses - townhomes; condominiums and apartments not to exceed twenty-four(24) dwelling units per acre, and cluster housing not to exceed twenty-four (24) units per acre. Mobile/manufactured/modular homes are not permitted: C. Specific uses-subject to Site Mian approval, private recreational amenities. d. Lot Design Requirements -(1) Maximum Lot Area 30 Acres (2) Minimum Lot Width 100' (3) Minimum Front Setback 25' (4) Minimum Rear Setback 10' _(5) Minimum Side Setback 10' (6) Maximum Lot/Inipervious Coverage. 80% ., (7) Maximum Height of Principal Building 45' (8) ETJ Classification High Density Residential -10. Zoning District MHA, Manufactured:Home Residential a. Intent - The Manufactured Home District is established to:provide a single-family,residential zoning district most appropriate to an established neighborhood that contains predominantly manufactured home residences. This district allows for HUD-Code manufactured: homes, M odular homes, or other site-built homes on individual lots and provides.for a diversity of housing option&IMaximum density is limited to 5.5 dwelling units per acre. b.. Permitted uses-manufactured/modular homes. c. Specific uses-subject to Site Plan approval, private recreational amenities. d. Lot Design Requirements (1) Minimum Lot Area 6,600 sq. ft. (2) Minimum Lot Width 75 (3) Minimum Front Setback 25' O 4 Minimum Rear Setback 20' (5) Minimum Side Setback` 10' (6).Maximum Height of Principal Building 35' (7) Maximum Lot/I mpervious`Coverage 40% 8 ETJ Classification Manufactured/Modular Residential 11. Zoning District MH-2,:Mobile Home Park . a. Intent-The MH-2 Mobile Home Park District is intended to provide locations for development of mobile home residence parks. Homes in this district shall be restricted to 'Mobile homes as defined by the U.S. Department of Housing and Urban Development. Maximum density is limited to 12 dwelling units per acre. b. Permitted uses — mobile homes; as defined by the U..& Department of Housing and Urban Development c.: --Specific.uses -subject to Site Plan approval, private recreational amenities. d. Lot Design Requirements, (1) Minimum Lot Area 43,560 sq. ft. (2) Minimum Lot Width . 55' (3) Minimum Front Setback 25' (4) Minimum Rear Setback 10' (5) Minimum Sider Setback 5' (6) Maximum Height of Principal Building 35' (7) Maximum Lot/impervious Coverage 50% (8) ETJ Classification Mobile Home Residential 12. Zoning District C-1,:Neighborhood Commercial a.- Intent-The Neighborhood Commercial:district is established to provide for a limited variety of commercial uses and services associated with neighborhood storefront retail,service,financial, and office activities which are compatible and designed in scale with surrounding residential areas. The intent of this District is to provide convenient neighborhood access to commercial services, and minimize undesirable impacts such as noise, traffic and odors through performance standards. b. Permitted uses limited.office and retail uses and services which are compatible and designed in scale with surrounding residential areas. c. . Specific uses - subject to =it6. lan a � pproval, limited office, retail and service uses which are compatible and designed in scale with surrounding residential areas. d. Lot Design Requirements (1) Minimum Lot Area None (2) Minimum Lot Width 50' (3) Minimum Front Setback 20' (4):Minimum Rear Setback 20' (5) Minimum-Side Setback 10' (6) Maximum Lot/impervious Coverage 70% (7) Maximum Height of Principal Building (8) ETJ Classification: Light Retail, Office and Services I& Zoning District C-2, Community Retail/Service a. Intent The Community Retail/Servic District is established to reinforce and reinvigorate downtown Cibolo's historical;traditions and monuments. Town Center preserves the character, pedestrian scale, and architecture of the area surrounding Main Street by providing a limited . range of business; creating a central, mixed-use destination environment for-local: storefront -retail, restaurants, lodging, family entertainment and vening entertainment venues including but not limited to live music,dance halls and bars. b. Permitted uses—a mix of retail, office, entertainment and civic. c. Specific uses subject to Mite flan approval, office, retail and service uses which are -compatible and designed in scale with Old Town Cibolo and a Town Center. d. Lot Design Requirements (1) Minimum Lot Area None - (2).Minimum Lot Width- 70' (3) Minimum Front Setback 15' (4) Minimum Rear Setback 15' (5) Minimum Side Setback 15' (6) Maximum Lottimpervious Coverage 70% (7) Maximum Height of Principal Building (8) ETJ Classification Retail Office an Services 14., Zoning District C-3;General Retail/Office . a.. Intent - The Retail/Office District establishes a broad range of business operations, services and commercial development requiring arterial or collector street access. . This district is intended for a variety of office, institutional and indoor:retail uses that are designed to make the most efficient use of existing infrastructure and provide for orderly transitions and buffers between districts and uses. This district should facilitate economic development activities that will strengthen neighborhoods; promote the development of targeted industries and provide community balance; provide educational and employment opportunities; and encourage local economic investment for citizens of Cibolo. b. Permitted uses—general retail, office and service uses c. Specific uses - subject to Mite Plan approval, completely enclosed general retail, office and service uses. d. Lot Design Requirements (1) Minimum Lot Area None (2) Minimum Lot Width 70' .(3) Minimum Front Setback 25' (4) Minimum Rear Setback 15' (5) Minimum Side Setback 15' (6) Maximum Lot/Impervious Coverage 75% (7) Maximum Height of Principal Building 45' (8) ETJ Classification Indoor retail, office an- services 15 oningD�strct C-c2R, Gommumty Reta�t/Service Restrictive Alcohol Sale Intent This dtstnct?allows all uses permitted in the Commuhity Retail/Seruice District xcept`that certain u Involving high-volume sales of alcoholic beverages are prohibited; including«liquor3salesand bars/micro-kirewe"ries, in order to provide a buffer area between ii5or ' h- nsive commercial uses permuted in existing commercial zoning distracts an Ather types o onrng districts, especially r`esid'ential disfricfs, which may be adversely tmpacte'tl; b _: , ... `ornrn'ercial :uses associated with high-volume alcohol sales businesses, inclutling liquor tores,, bars, and rnicrobreweries due to increased traffic, noise and/or hours of o erafio `ause, Ty such businesses Permitted uses-a mix ofretail office entertainment and civic: Specific uses-subject to site plan approval,office,retail and service uses which are com atibl nd deli ned in scale with Old Town Cibolo and a Town Center. Lot Design Requirement (1) Minimum Lot Area Non 2) Minimum Lot Width 70 3) Minimum Front Setback 15 4) Minimum Rear Setback 15 5) Minimum Side Setback 15 6) Maximum Lottimpervious Coverage 700E - 7) Maximum Height of Principal Building 45 - 8 ETJ Classification Retail Office and Service 16. Zoning District C-4,,General-Commercial a. Intent The General Commercial district is established to provide.:for a broad range,of commercial uses and activities in high visibility areas to.serve the.needs of the surrounding region. It is .the most intensive commercial zoning district and- generally situated along a highway or major.roadway-due to high traffic requirements: b. Permitted uses—Commercial Uses c. Specific uses - subject to Mite elan approval, retail;r office, service and general commercial uses: d. Lot Design Requirements (1) Minimum Lot Area None (2) Minimum Lot Width 70' (3) Minimum Front Setback 40' (4) Minimum Rear Setback 35' (5) Minimum Side Setback 20' (6) Maximum Lot/Impervious Coverage 80% (7) Maximum Height of Principal Building 45' (8) ETJ Classification Commercial 7. Zoning District C-31R, General Retail/Office Restrictive Alcohol Sale a. Intent-This district allows all uses permitted in the General Retail/Office District(C-3), excep hat certain uses involving high-volume sales of alcoholic beverages are prohibited, includin liquor sales and bars/micro-breweries, in order to provide a buffer area between more intensiV commercial uses permitted in existing commercial zoning districts and other types of zonin districts, especially residential districts,which may be adversely impacted by commercial use associated with high-volume alcohol sales businesses, including liquor stores, bars, an icrobreweries due to increased traffic noise and/or hours of operation caused b suc usinesses.. b. Permitted uses-general retail office and service uses c. pecific uses - subject to site plan approval, coriibletely enclosed general retail office an ervice uses.- d. Lot Design Requirement 1) Minimum Lot Area Non 2) Minimum Lot Width 70 3) Minimum.Front SetbacL 4) Minimum Rear Setbac5) Minimum_Side SetbacMaximum Lot/Impervio00/7) Maximum Height of Pr5 8).ETJ Classification[ommercia 18. Zonin District l-1 LiMt Industria a. Intent—The 1-1 district is established to permit most commercial uses, office park, flex-space,, and low impact industrial uses which-are compatible with surrounding commercial districts. Limited retail M service uses that serve the industrial development zone.are also permitted. b. Permitted uses—most commercial uses, office park, flex-space, and low impact industrial uses which are compatible with surrounding commercial districts. Limited retail and service uses that serve the industrial development zone are also permitted. c. Specific uses—subject to Bite glan approval, most commercial uses, office park, flex-space, and low impact industrial uses which are compatible with surrounding commercial districts. Limited retail and service uses that serve the industrial development zone are also permitted. d. Lot Design Requirements (1) Minimum Lot Area None (2) Minimum Lot Width 100'F (3) Minimum Front Setback 50': (4) Minimum Rear Setback 40' (5) Minimum Side Setback 25' (6) Maximum Lot/Impervious Coverage 80% (7) Maximum Height of Principal Building 45' (8) ETJ Classification Light Industrial 19. Zonin District I-2 Heav Industria a. Intent-:.The 1-2 district is established to provide for a broad-range of industrial uses. It is the least restrictive industrial zoning district and is intended for the grouping of industrial uses in locations that:have adequate and convenient access to major arterials, highways, and rail lines. b. Permitted uses—'Light and Heavy Industrial Uses c.:, Specific uses - subject to Site.I- lan approval, light.and heavy industryuses provided that the - external physical effects thereof are contained within the boundaries of the respective development sites. d. Lot Design Requirements (1) Minimum Lot Area None (2) Minimum Lot VVidth 1001- (3) Minimum Front Setback 50' (4) Minimum Rear Setback 50' (5) Minimum Side Setback 25' (6) Maximum Lot/Impervious Coverage 80% (7) Maximum Height of Principal Building 45' (8)'ETJ Classification Heavy Industrial •0. Zonin District FF Public Facilitie - a. Intent - The: Public Facilities District is intended to. provide for public; semi-public and .institutional facilities within close proximity to various neighborhood and commercial land uses. b. Permitted uses —,includes parks, green space, schools, governmental uses and other Ian_d intended for recreation in the city. 12 1. Zonin District A ricultura Intent-The Agricultural district `is intended.to serve as an initial temporary.zoning designation for newly: annexed properties into the City and as a permanent zoning designation for those.rural properties of the City that are ideally suited for agricultural purposes. Since single-family residences are,permitted in this district, this district is,considered to be a-verylow-density residential district.. Such acreage contributes to the rural to semi-rural setting of the City:and is protected from incompatible uses. . Section 14.3 Modified Residential Standards A. General Purpose and Descriptions This Section deals with specific residential products allowed within the Multi-7 amity Residential zoning districts. Applicable residential products include townhomes, duplex, patio homes and condominiums. Although not a multi-family product;.patio homes may use the modified standards in this section. B. Area regulations Property and buildings shall conform to the applicable MF-1 or MF-2 zoning with the exceptions of the housing products-presented in Section 14.3. In those instances, a developer may: 1. Propose a zero-lot line product a: Maximum lot acreage of 20 acres in MF-1 and 30 acres in MF-2;- b. Minimum lot width to be 40 feet c. Minimum front BSL to be 15 feet; d. Minimum side BSL to be 0 on one side and 10 feet on other side; e. Minimum rear BSL to be 10 feet For lots with;the zero (0) BSL setback, the zero side must: a. Have a roof overhang equipped with a gutter that may be extend a maximum of eight (81) inches into'a neighboring lot. No other roof overhangs or extensions from a wall may extend into a neighboring lot. b. Have storm gutters installed on the closest exterior roofline to'an adjacent property if the general slope of the roof falls toward the:neighboring lot. Gutters must:include returns to direct the water to the lot of origin. c. Have the"zero"side;designated on the Final Plat. Depict all access, maintenance and use easements on Preliminary and-Final Plats. d. Havea five (51) foot wide access, maintenance and use easement.dedicated.on the Final.Plat for all lots adjacent to lots with a"zero"side. This easement's purpose is to give the adjoining owner access to maintenance of dwelling. e. Not have any windows;-doors, ducts, grills, vents or other openings on building walls which are located facing the "zero" side. Thi's.requirement impedes exterior walls forming enclosures for courts, patios-or similar indentations into the"zero"wall. OR .pj(Ay9or�e m�nv neocon}. n nl}orn•-•rrn}+ups }n1 C. The below supplemental standards apply to all Planned Multi-Family Residential 1. Minimum Front Yard. a. Adjacent.to a townhouse, duplex M a single-family zoning= distric ue4egnaer}9-�RkI15.� that allows townhouses, duplexes, or single-family residential, RVe—rila,011n,auinor allowin' residentia or area depicted on the Future Land:Use Map FLUM for Rural and Nei hborhood Residential. Building Height YardD-. One-StoryFifty 50 feet Two-Story Fifty 50 feet Three=Story MF1: Seventy-five (75) feet MF2: One-hundred fifty 150 feet b. Adjacent to a nonresidential zoning district; multi-family zoning district, or area depicted on the FLUM as a use other than residential. Building Height Yard -. One-Story Twen -five 25 feet Two-Story Twenty-five 25 feet Three-Story MF1: Fifty (50) feet MF2: One hundred 100 feet 2. Minimum Side Yard a. Adjacent to a residential zoning district, _1 aws�rsiden##a ithin a verla, Laminq or allowin,gillries de.nfiia or any area that is designated Rural and Neighborhood Residential on the FLUM. Building Height Yard Depth One-Story Fi 50 feet Two-Story Seventy-five 75 feet Three-Story One-hundred fifty 150 feet b. Adjacent to a nonresidential zoning district, Multi-gamily zoning district, or multi=family development, or area depicted on the FLUM as a use other than residential. HeightBuilding _ . Depth One-StoryTwenty-five 25 feet Two-Story Twenty-five 25 feet Three-Story MF1: One hundred (100) feet MF2: Sixty 60 feet 3. Minimum Rear Yard a. Adjacent to a residential zoning district, ithin, an overla, avin or allowin resiaentia or any area that is designated Rural and Neighborhood Residential, on the FLUM.- Building Height • Depth One-Story Fifty 50 feet Two-Story Seventy-five 75 feet Three-Story One-hundred fifty 150 feet b. Adjacent to a nonresidential zoning,district, N ulti family zoning district, e�idee#" or multi-family development, or area depicted_on the FLUM as a use other than residential. Building - . Yard D-• One-Story Twen -five 25 feet . Two-Story Twenty-five 25 feet . . Three-Story MF1: One hundred (100)feet MF2: Six t 60 feet D. In order to encourage flexibility, developments with thirty (30) lots or more may provide up to fifteen (15) percent of the total lots with a lot area smaller than the zoning district minimum requirements as shown in the table below, provided the reduced lot sizes have a minimum lot width of sixty (60)feet. This flexibility option is only granted in the below Zoning Districts:. Minimum Lot Area-For Zoning District At least 85% of the lots Not more than 15% of the lots SF-3 12,000 sq. ft. 6,600 sq. ft SF-4 9,200 sq. ft. 6,600 sq. ft SF-5 7,200 sq. ft. 6,600 sq. ft E. Front Yard Encroachments In order to increase flexibility in residential product development, there®r two (2) provisions for Front Yard setbacks encroachment: 1) J-Swing Garage—a ten:(10')foot:max encroachment to a minimum fifteen (15')foot Front Yard setback. Reference below Exhibit 1. 2) Front porch-a ten (10')foot max encroachment to a minimum fifteen (15')foot Front Yard setback. Reference below Exhibit.2. Exhibit 1 J-SWING .GARAGE i Q Front building setback line..- . 65'LOTTYPICAL Q Encroachment allowed FOR GARAGE ONLY 10'max.encroachmentr---------- — ----�= 5'max. when Front Yard Setback-is 20' r i - - 15'min. Front Yard setback I _ f I -Corner lots with dual curb cuts.(per (�� , illustration at right) i ak` { are not considered �'�� t I J-Swing garages,so K i are NOT allowed the I front yard --- i encroachment NOTAPSWINGLAYOUT I i NOTE: 2n6 story encroachment NOT allowed above the.J-.swing garage;the 201d floor must be setback �- to the.original building setback line a Q Must have at least one window.on garage ide facing street,with a min. size of 3'x 5' I Q 28'min.distance between garage face.and the - --.--- -`"I . side property line - -�- --- — dragreacyllne Front YardEncroachmentIhFe -- Quifftg5etbackttne GorrrgzE uoachmentAre(a NOT TO SME. - FOR. WAY Exhibit 2. r FRONT PORCH E + Q 4.25'garage setback line si+'Wr rarrl. Q. Front building setback line r------------------� Q 25'min. distance between garage face and front i property line r' Q Encroachment allowed for porch s ° r ----- .e. :10'max. encroachment �_----- __ --- 5'-max,when Front Yard Setback is 20' - 15'min.Front Yard•setback Both V&:2°'story allowed the encroachment ONLY IF min.front porch size requirements are I met.(see table below and pages 12-13) Q:- Min. porch size to allow encroachment - - 74, - (determined by zoningdistrict): 7 1 b x 10'W(min.) T D x 20'w(min.) t _ �. SF-5; o SF-11 SF-2,SF-3, 71 SF-4 and AG i r.. N F .. ---Frtspertytlna __—__ Front YardfacroachmentLihe - { evildia RibackLine ---- &ldg FncfaachnientArea Ptfallaivredl --- GarageSePbackttnePani 10 scan . firmtPoichAtea i FOR ILIUMaY:M PUPPOUS 0Nt,Y i. .: -action WM Lot Desi n Standards Commercial Article 14.4 Lot Design Standards(Coinmereial); = SETBACKS 'Zoning District. Maximum um. of Maximum. Maximum z Bwldmg D�stricf.Code ;(for setbacks in Overlay Districts Develop. Area;(ft.)/ Minimum Minimum Minimum Minimum' Lot/Impervious reference:UDC_Art cle 4). Density '?`Maximum Lot Lot:Width Front.BSL Rear BSI Side BMCoverage(%o) Height{in feet)- unitsZac .:: Area-Cad NON-RESIDENTIAL 13 Nei hborhood Commercial - $0 20 20 10 30 -70 t«2 3 Commupity Retail/Secvice; 70 13 15 15 35 70 - G3'� General:Refail/Office;...: . 70 25 i '15 15 45 -5 C4 General Commercial.... . - .. 70 . 40 35 20 45 80 L1. Light.Industrial - - 1001 501 40 .251 451 80 12 Heavy Industrial - - 100 50 50 25 45 80 PF Public,-Facilities: - - 701 151 151 16 -451. 70 Notes: 1 May be redueed to 1-5.'-if parking provided�ai side or rear of building: 2 The City manager or his/her:designee may.approve' a one third setback reduction to sideor rear setbacks for any C-3 or C-41ot(s) abutting t}ie followuig•ioriing C-3-,:C--4.Irl orI2zoningap'es, 3 I!fithe ro art, line abuts a nan! Ule buildalot(�9 oro n s ace ual to or neater th re uu d setback,bu11 , as t, ma,, e reduczd to 5 feet ARTICLE 15. ACCESSORY BUILDINGS Article.15 Accessory Buildings Setbacks M) :District a $ From Zoning District - Maximum l;z t z Typical Accessory Code Principal Side Rear` Height(ft). Buildings.3: Building. RESIDENTIAL, SF-1 Estate Residential 12 'S 10: 10 SF,2 . ..:Low Density.Residential .. 12 fi 10::. . 10;. . . Storage sheds,hobby 9F-3 . . Low=Medium Residential` 5 workshops non commercial SE=4. Medium Residential 10' '51 5 5' greenhouses' SF-5: Medium-Hii h Residential 10 .5 -:5; 5' SF.-6 High Density Residential 10 5 _5 51 1VIF1 1bIulti-Family 10 5" `5` 5 -si e4 aun ry facilities; aWvity X F2. Multi-Family 15:: 5 15 20: .'center- ]MI Manufactured Home 10. 5' 10 Stora'a she Aff-U Manufactured Housing Park AG. " Agricultural None 5. 5_ 10; Silos, bath;j miridmill Notes .. General Note: ThP inaximum lot`coverage found<in Appendix:,Cwith specific.exceptions noted.therein;applies in:all:cases: i As listed,or.the-.depths ofihe setbacks of existing lots:on.the same<side of.the stree4ml khever-'is greater: 2 Buildings onskids may be placed within:three-(3)feet of the propertg,line,.provided tle:,placement doesnot`inter"fere with the.use,of any easements,present: 3 Off.-streeCparking;utilify service,sidewalks park use ahvays allowable and do notxount towardsthe requirements; of this'table Typical structures are provided for reference-only: Actual detemmnatiori of=an accessory`structure lies at the=discretion of the 4- -- _ Planning'and-Engineering::Director: ialP ry :base zonng setback ;per.AtFor CommercAelicle:14 5 Silos,barns and vrindm ills pem�itted jvithin any zo ing district,ti�ithout a primary structure present and on properties vrith an AG ARTICLE 16. DEDICATION: OF PARKLANDS Prior to approval of a-planned development or a final plat, each applicant shall be required to dedicate public park land, contribute cash or park improvements in lieu of land dedication, or any combination thereof . as determined by the City.Council. Section 16.1 Definitions -For the purpose of this Article, certain words and terms are hereby defined; terms not defined herein shall be construed in accordance with this Article and this UDC, as amended,_ other codes and ordinances, or their customary usage and meaning: 1. Minor Subdivision means any residential subdivision or residential portion of a subdivision five (5) acres or less that does not include the planning or development of a-new street.. 2. :Major Subdivision means any residential subdivision or residential portion_of a subdivision greater than five (5) acresl or requires the development of a new street. 3. Park:lmprovements means,any public- improvements, which.directly.attribute to the development of parkland for the enjoyment and use by the public. Such improvements may include, but shall not be limited to the following: a. Curb/gutter and one-half(1/2) paving section costs bordering all parkland; b. Water/sewer line costs bordering all park land; and:'. . C. Landforms created by the applicant or developer. 4. Holding Costs are any and all costs in to the respective tract of land borne by the respective landowner. Section 16.2 Criteria for Parkland Dedication 1.. Eligibility of Subdivisions for Parkland Dedication. a. Minor Subdivision The developer of any subdivision classified as a minor subdivision shall not be required to dedicate.parkland: The developer of minor subdivisions shall-pay a cash-'contribution in lieu of parkland dedication. Applicants may address an appeal to the City Council relative to cash contributions, and.where undue hardship can be proved by the applicant, the City Council may mitigate the amount of contribution required by the applicant. b. Major Subdivision The developer of any subdivision shall be required to dedicate public park land or a cash contribution in lieu of park land dedication as determined by the City Council. If a cash „ contribution is selected -by the City Council, it-shall be as set according to.the fees established-by the City. 2. Land Dedication Guidelines. a. An applicant or developer who is required to dedicate parkland shall make a total land dedication of at least eight (8%) percent of the total tract, excluding any commercial or industry land uses that may be in the tract, of which no:more than 60% may be floodplain/ The City. Council shall determine the suitabilityof the ,subject tract pursuant to recommended dedication criteria. b. On subdivisions of more than one section or phase, land dedication shall be made prior to the first phase reaching seventy-five (75%) percent of built-out (completion) or before a second phase is requested for final plat approval, whichever occurs first. 3. . Location and Size. The Parks element of the Comprehensive Master.Plan adopted by the City Council of Cibolo shall be used as-a guide for location of park sites. All land intended for park purposes shall be inspected on the plat by the Planning and Zoning Commission relative to suitability, size, potential use, and the physical characteristics of the site. The Planning and Zoning Commission shall make a recommendation to the City _Council regarding acceptance or rejection ofparkland. Parkland dedication shall be consistent with the Parks and Recreation Comprehensive Master Plan. Where adjacent subdivision projects join together to create a park tract of at least twenty (20) or more acres, individual dedications of less than that specified by the Parks and Recreation Comprehensive Master Plan may be accepted by the City with a development agreement between the parties. The final decision on acceptance of parkland shall be made by the City Council. 4. Parkland and Facilities Credit. Applicants may :be allowed a credit. against the parkland dedication requirement when improvements, such as recreational facilities.are provided for the use of the public, as approved by the City Council, However, any allowed credit for improvements.or recreational facilities shall be credited no more than twenty percent of the overall parkland dedication requirement of the project: Furthermore, the overall parkland dedicated must be contiguous through.the development and reasonably located so as to provide reasonably equal access to all residents utilizing the facility. 5 Green Space Preservation Parkland Credit. This UDC contains requirements for buffers between development projects, flood Iain and protected streams, wetlands, storm water detention facilities and other environmentally sensitive. water features and provides parkland dedication incentives to preserve these natural green space areas in a natural condition. For developments where the criteria described 'in this UDC are applicable,the developer shall provide plans and specifications showing the natural and man-made facilities regulated and the natural.buffers that are proposed to be-maintained in a natural condition„ and quantify the amount of green s ace ro osed to be maintained in order-to receiveparkland dedication credits. e"o �^I®rte ^�^�� ' In rd oer to receive credit fo Gr MOM,FS-pace f'reservatio all ' iTWIMMI eritag trees, re stands n• ndersto must remain in their natural andunim•roved stat for credit(s)-to be applied toward fulfilling the parkland dedication requirements of this section. Credits toward fulfilling the parkland dedication requirements will be determined on a case by case basis, with the type, size and numbers of trees proposed to be preserved, and the land area involved, to serve as the basis for assigning parkland dedication credits. loodplains dedicated for credit towards parkland dedication must also include a thin, 30' foe • Eer be, and the limit of the flood•lain as shown on the effective FE=MA FIRM anel. Section 16.3 Criteria for contributions'in lieu of parkland 1. Cash Contributions a. 'The City may accept cash contributions in lieu of park land when such contribution is consistent with the intent of the Parks and Recreation Comprehensive Master Plan and this ordinance. b. Where the City.MO rejects such contribution, the applicant may appeal the decision to the City Council after recommendation from the Planning and Zoning Commission. A letter from the applicant stating the reasons and circumstances for the appeal must be delivered to the City Secretary no more than ten (10) days from the date of the City decision to reject a cash contribution.. The appeal must be placed on an agenda of the City Council within thirty (30) days from receipt of the appeal. The applicant or their representative must attend the appeal hearing before the City Council. 2. Deposition of Cash.Contributions a. All cash contributions shall be received by the.Planning and Engineering Department. The City shall deposit said funds directly into a special Park fund- as established by the Cibolo City Council. 3. Park Improvements in Lieu of Park Land a. The Planning and Zoning Commission may recommend to the City Council that an applicant provide publicly dedicated park improvements in lieu of the parkland.equivalent of the cash contribution herein or the appraised value of the project land per acre, whichever is greater 4. All improvements shall be subject to adopted City specifications and codes. The City Council shall promulgate such specifications, especially in the case of park and playground equipment. 5. All public improvements made by the applicant may be given credit towards the suggested park contribution according to: a. The actual cost the city would have to pay for the equivalent park and:playground equipment improvements at such time improvements is made. b. The cost of improvements to provide utilitiesspecifically to the park only where similar services are not provided to adjacent acreage by the development. 6. Combinations of Contributions in Lieu of Park Land Where there is a combination of contributions considered by the. applicant, the Parks and Community_Advisory Committee may recommend to the City Council that an applicant make a contribution of parkland, cash, and/or park improvements. Determination of exact Contribution. amounts shall be determined by the Planning and Zoning Commission and recommended to the City Council or as proscribed in this section. 7. Letter of Credit An irrevocable letter of credit equivalent to the dedicated park land assessed value shall be given to the City Manager or designee prior to final.plat recordation: The issuer and form of.said letter shall be subject to the approval of the City Council. 8. Reservation of Additional Park Land In the event that the Comprehensive Master Plan for the City specifies a larger amount of parkland in a subdivision or planned development than the applicant or developer may be required to dedicate, the land required beyond'the respective contribution shall be reserved for subsequent acquisition by the.City. The City may choose to locate the park in another location within the vicinity that will similarly serve the needs of the public. 9. City May Elect to Hold Such Land By- a. Purchasing an option to buy the property for a period of time and at a price as.agreed upon by the City and applicant. b. Indemnifying the landowner for all holding costs for a period of time, said costs and time period to be agreed upon by the City and applicant. 10. If the City and the applicant cannot agree on criteria for contributions in lieu of park land, then the City may elect to prohibit any development o,r improvement to the proposed parkland for a period_ not to_exceed six(6) months, during.which time the City shall use reasonable and diligent_efforts to. acquire the necessary funds or financing to purchase the.subject tract or otherwise utilize tools at their disposal to take action on acquiring.the land for the city. No provision herein shall in any.way be construed as a limitation of the city's authority to acquire parkland by eminent domain. 11: Land Treatment Upon preliminary platting of the parkland by the applicant dedicating the park land.to the City, the applicant shall not cause or allow.any fill material or construction debris to be dumped on the land, or otherwise alter, damage or impair the land, water or vegetation on the park site, without written permission from the City Council. The City Council may allow the applicant to.fill the site:with fill materials as designated by the City and take other respective actions specified in this subsection when such action would be beneficial to the parkland. In such cases,the City Manager or designee shall provide a letter to the respective applicant or developer stating the allowed materials and the - degree.of change allowed within the park site. The developer shall provide landscaping within that portion of the parkland to be dedicated that is located closest to all.public rights-of-way, to provide and attractive street corridor. Parkway sections of rights-of-way shall be covered with approved grass or turf, per this UDC, and approved street trees, in the parkland adjoining public rights-of- way f6the greatest degree practical. Because of property variations;such landscaping treatments will be reviewed on a plat by plat basis. 12. Transfer of Land a. The area to be dedicated as parkland shall be shown on the final plat as"Parkland Dedicated -to the City with the respective acreage of the parkland also shown: Dedication of parkland shall be included in the narrative portion of the plat where the applicant dedicates all easements; rights-of-way,.etc., to the City: . b. The City Attorney shall.prepare a warranty deed for the parkland depicted on the final plat that -contains thededicated park land, attaching a,metes and bounds description of the land dedicated for the:publicly dedicated park as provided by the applicant; and which shall :be signed by the developer on or before the subdivision is fifty(50%) percent built out(completed) or before a second phase is requested for final plat approval whichever occurs first. 13. Payment of Fees in Lieu of Land a. The applicant(s) shall pay the current park fees established by the City: b. The applicant(s) shall pay any cash contributions to the City prior to recordation of a final plat. c. Should the applicant(s) divide the subdivision into sections, the fee for the entire subdivision shall be prorated by the number of sections in the subdivision;and the:fee attributable to each section shall be,paid prior to recordation of the final plat and/or at building permit as established by the City. .. 14. Underground Utilities All utilities in parkland shall be underground unless a variance is granted by the City Council. Utility connections,such as phone, cable, electricity,water and sanitary sewer stub outs shall be provided to all acreage dedicated as public parkland. 15. Parklands dedicated to.the City, and improvements to:those parklands that.are to be dedicated to the City, shall be designed in accordance with-all applicable TAS/ADA design requirement, particularly with respect to access provided to and from all dedicated parklands,signage identifying accessibility locations, accessibility parking; slopes, wheel chair turnaround locations and the like. Before the City accepts any parkland or parkland improvements the developer shall obtain plan.. approval from the Texas Department of Licensing and Regulation and shall provide the City a plan set that has been:marked as"Approved"by the TDLR. ARTICLE 17. LANDSCAPING, BUFFERING AND PROTECTED TREES Section 17.1 Landscaping and Buffering A. General/Applicability The Landscaping and Buffering requirements contained in this UDC are adopted pursuant to Texas Local a . Government Code Section 212 and shall �I to all new non-residential construction) multi-family construction, other than duplex uses): nd in limited cases residentiait in the City and the City Extraterritorial Jurisdiction. 1. 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%). 2. The-provisions of this section shall be administered and enforced by:the City Planner or designee. . 3. The landscape standards in this subsection apply to nonresidential developments, including uses such as schools and churches within a residential zoning district(s). 4. 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 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. 5. 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. 6. Pad site-developments: Pad site developments or ground lease developments shall be required to provide-landscaping in accordance with the interior landscape requirements herein. 7. Expansions of Paved-Areas:Any:expansion or reconfiguration of paved areas shall comply with all requirements herein. B. Purpose The purpose. of this section is to establish landscaping and buffering re uirernents to enhance the communi 's ecolo ical iversi, , environmental •ualit ;: beautification on, overall human ex•erienc f th •ommuni .-a ^�*n�, :ed 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-beaut of the Cit :and the Extraterritorial Jurisdiction of the City: : he intent is tomakeyibolo a morte sustainable andatfiractiue place in which t ive visit and Edo Pur sines . C. 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 1. 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. 2. 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. 3. If seasonal weather conditions make it impractical to install landscaping, or replacement landscaping, as required herein;a deferral of the'required plant-installation may be 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. 4. Landscaped areas shall be kept free of trash, litter, weeds, and othermaterial or plants not a part of the landscaping. 5. - All plant material,:shall be maintained in a healthy and growing condition as is appropriate for the season of the year. .6. . 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'). 7. All landscape materials -shall be installed according to American Nursery and Landscape Association (ANLA) standards. 8. Irrigation: a. All,landscaped areas_ shall be irrigated with an approved automatic underground irrigation system unless the landscaped area has been designed utilizing xenscaping 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. b. 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. c. The 20% landscaping requirement for multi-family or nonresidential development's may be reduced to 10%, for those.developments where 67% of:the total'required landscaping is devoted to any combination of the following: J. Undisturbed natural areas or undisturbed existing trees, ii. Xeriscape landscape.design, iii. Incorporate porous hose,'deep pipe, clay pot lid, porous--capsule, perforated drainpipe, . micro catchment, drip, wick.or other comparable_alternative irrigation systems for and climates, iv. Utilize reclaimed, recycled, gray water, non-potable surface water, rainwater or alternative water harvesting systems in accordance with Texas Commission ph-Environmental Quality (TCEQ) standards and the adopted plumbing code, or d. In review of landscape plans for compliance with the above criteria to reduce the amount of . required landscaping requirementi the City Planner may grant-a pro-rata reduction between the required percentage and a reduced percentage.Anapplicant may appeal the pro-rata credit proposed by the City Planner to the Planning an :Zoning Commission for a final determination. e. .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. 9. 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. D: Landscaping and Public Rights-of-Way Residential and Non-Residential 1. All unpaved portions ofublic rights-of-way (ROW) must be planted with an approved grass, as classified in Section 4�below.:A maximum of ten (10%) percent of the required interior plant material may be placed within,the ROW. parkway. All unpaved portions of public right-of-way (ROW) must be reforested with_approved tree s ece In Section N below. Planting requirements are as follows: Minimum distance between newl Planted trees sizes defined in Section H below Large sized trees: 40 feet' Medium sized trees: 30 feet- and Small sized trees: 20 fee . Minimum distance from any underground utility, water meter boxes, and fire h Brant: 5 fee Distance from trees to curb, sidewalk, or driveway: Minimum 4 feet. Planting strips should be a minimum of 8 feet wide. Minimum distance from buildings and similar structures: Large size tree: 30 feet,J:: i. Medium size tree 20 feet- and' ii. Small size tree: 10 feet Minimum distance from overhead utility lines. Trees cannot be planted under utility lines. rder to avoid future interference of limbs lantin may take lace_ as follows: Large trees: 30 feet from line; i. Medium trees: 20 feet from line an ii. Small trees: 10 feetfrom line. .. From curb line of an intersection: 25 feet,which is subject to visibility triangles, . Minimum distance from stop or yield signs:20 feet: Distance from directional traffic sign: 10 feet.l. Distance from streetlights 25 feet, or 15 feet if narrow growing species is planted,, All trees must have'irrigation, either drip or bubblers as required in this code: Tree selection shall take into consideration ordinance requirements for height clearances a efiined in Section F of the Code. As they grow, trees will need to be pruned to provide pedestria learance of at least8 feet over sidewalks and vehicular clearance of 14 feet over streets. Variations from the requirements listed above must b6"approved by the City Planner or desi nee: 3. The City shall have jurisdiction and supervision over all trees and plant materials planted or,growing on City,proputlorgrowing:in, upon or over City: property_. argil The ('i}�i chill have ai i}hnrifir to nl . t n ie aesthetiGs :;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., W Mhe 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. E. The following acts are unlawful: 1. Damage,cut, carve, transplant or remove any trees on City property; 2. Attach a rope, nail, advertising poster, sign or other contrivance to any City tree; 3. Allow any gaseous liquid or solid substance harmful to trees to come into contact with City trees; or 4. Set or permit any fireto burn when such fire, or the heat from such fire, will injure any portion of a tree on City property. F. ffec of Private Property Landscaping on Public Rights-of-Way 1. 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: a. Eight(8) feet over sidewalks, b. Fourteen (14) feet over all streets and alleys, or c. Any such.clearance as will provide an unobstructed view or passage. 2. Itis,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. G. Removal of Landscaping Required 1. 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.. 2. The method of service shall be one or more of the following: a. By personal delivery of the notice to the property owner; b. By-leaving the notice with.a person of suitable age and discretion on the premises; c. By mailing the notice by registered mail to the last known address of the property owner;. or d. 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. 3. The notice shall set forth the time limit for compliance, which shalldepend 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 Code Enforcement Officer •r desi ne shall have the authority to require immediate compliance. 4. . If the owner of the property does not,within seven (7)days of notice of a.violation x iratio -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. 5. 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: a. By personal delivery of the notice to the property owner; or b. By leaving the notice with a person of suitable age and discretion on the premises; or c. By mailing the notice by registered mail to the last known address of the property owner; and d. 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. 6. The property owner shall have sixty (60) alenda days after receipt of notice to remit full payment of any costs of abatement to the City. 7. 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) alenda 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. 8. A tree, shrub or hedge shall be deemed a nuisance if it or any part of it: a. Appears likely to fall on or otherwise harm a pedestrian or vehicle utilizing the: streets, alleys, or sidewalks; b. 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; c. In the case of trees, is not pruned to a height of eight(8)feet above the.sidewalk;:: .. d. Obstructs a curb, gutter, street or sidewalk- e. Interferes with sewers; f. Is in dangerous proximity to interfere with public utilities; or . g: : Obstructs or interferes with the view or movement of pedestrian or vehicular traffic. H. General Landscaping Requirements 1. Trees:planted shall be a minimum of three inches (3.0") caliper measured at four nd a hal feet (4a) above ground level at the time of planting. All trees shall be planted in a pervious area no less than four(4)feet wide in any direction measure rom the center of the tree or ten (10) times the caliper of the tree, whichever is greater. Fo xample, a six (13") inch tree will have a sixty-inch(60") or five-foot (5) radius or a ten-foot (10' iameter. This exceeds the four(4) feet minimum and must be used. Said pervious area shall b overed with mulch to a minimum average thickness of three(3) inches, except for the area withi six (6) inch radius of the tree trunk which shall have no mulch or other material above the root all in order to prevent or reduce the possibility of bark rot I ith F- o more'than 50 percent of the required trees and shrubs shall be of the same species wout th ppro a of the City. Sueh a royal ma onl be ranted in order to achieve a s ecific desi n inten IA Improved soils containing a minimum 20% organic content shall be provided in all require andsca a areas in accordance with the followin Turf areas to a minimum depth of four(4) inches,1 �b. Planting beds to a minimum depth of eight(8) inches; an . Tree planting pits shall be 50% excavated soil and 50% prepared soil. All landscaping shall be separated from vehicular use areas by some form of barrier such as raise oncrete curbing, bollards curb stops, or other suitable permanent alternative All landscape beds shall be separated from sod areas by some form of barrier such as steel edging,. asonry materials,, or another equivalent durable material as approved by the City Planner o esignee. No plastic materials shall be allowed. Provided however, the barriers may be designed n such a way to capture, filter, reuse or infiltrate rainwater with the ur ose of protecting an ,onservinq water resources Landscaping shall not obstruct the view between access drives and parking aisles. Nothing shall be erected, placed, allowed to grow, or planted so that it impedes vision between th eight of three (3)feet and ten (10) feet above the curb within sight visibility so as not to interfer ith traffic view or impose n safet hazard. No artificial plant material ma be used in any form to satisfy the re uirements of this section. 10. Berms shall not encroach upon the critical root zones of existin trees: 11. Any landscapin laced in utility,easements shall not be counted towards the minimum landsca in e uirements 12. At the time of planting, all trees shall have the following minimal caliper measurements: , Large (Shade)trees: three (3) inche Medium (Shade)trees: two(2) inche Small/ornamental trees: one 1 inch 13. The City Planner or designee may allow large trees to be placed closer to a building in order t thieve an urban streetsca e. 14. All trees planted to meet the landscaping standards herein shall be protected trees regardless o ize: be planted se as to provide for:no impewieus material within the dFip liRe of the tFee For the puFpeses of determining the drip 1*Re to eet the equi,ements of this seGtiGR, the drip linE radius II be ha easuFe_d as being tan !1 \ +i example, .. (6") tree will have a SiXty irlGh " !1radius ar a-ten-lbe alligator bags or Unee grates may be utilized to meet the requirerneRtS of this seGtion. The City 1 beneath the drip line ef a-#� mes and gFound rever planted pursuant to this seGtion should be gGod, healthy nurs-e-P., {� tainer size at the time 15. 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. If grass areas are seeded, plugged[-s—ri a or odded -the City can consider the issuance of a Temporary Certificate of Occupancy to ensure 100% grass coverage. 16. 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. 17 The use of St Augustine grass is only permitted where structures or trees provide shade u ' where the grass receives less Chari five 5 hours of direct."sunk ht� er.tla 18. 18. The use of architectural planters in nonresidential districts is permitted to count toward the fulfillment of landscape requirements subject to approval. el- - _ @n 1e +ltler . # v,,�+c mcerrlc+l, ^vFi 3 . t^6..-e�r}efaaioo nfiniota�Esl�'la� .. .. 7f1 1 nnnlcn�nnhnlon�uns ch"11 nn `-- 'rl.. n ci to"h m- -'"`y - t-�?�--2f�6t�-9{—IR _ - .,,. n ." ..�. - _: _ t6 �Pv-nl I. Landscape Installation Required 1. 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. 2. 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. 3. Landscaping required to satisfy the 20% and 10% landscaping. requirements, r retluce _ercentadeaos u'tlined in`Section C_ .8(c described above, shall be provided in accordance with the following criteria: a. 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 residentialzoning:and must install a buffer yard. b. 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-forevery 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. c. The use of native and adapted, drought tolerant plants is encouraged to meet the requirements of this section. d. Artificial plants or turf shall not be counted towards meeting the requirements_, of this section. e. Parking lots and vehicular use areas shall be landscaped in accordance with the parking lot landscaping criteria described below. f. Areas used for parking or vehicle storage that are under, on or within buildings are exempt from the landscaping requirements. g. In no case shall the application of the minimum landscaping requirements contained herein, allow 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. J. 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. 1.. 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. 2. For industrial uses, the above ten (10%) percent 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 1-1 or 1-2, or a street right-of-way within an industrial park, the 10% landscape requirement shall not be applicable. 3. The following additional criteria shall apply to the interior of parking lots. In `or landSGape areas shall be ern}nnfar! fromyeh'GUlor nng.rnagehmont of G�rha- ,. anpreariate Wheel.stuns n 1 . . M � .. u � ''af' e feet or frac;tin l'l1l'r_h�'�"hR�'Minim,Mim of One/'I1 chnr•!o tree.nlan}cr!for o rh X1111 cow Feof of required interior landisn-ape The leration(s) of required tirees4s flexible an nrn„nad in__af rens of th' many-small-areas-e;?►-t -u ,cZc-ro rcn roac of-narking lots shall Gontain plantingislands 19--ated-s8-a-s to best pypansof paving Such islands shall he-a rninimurn of 200 square feet or t n feet(10') NVenty feet (20", size. S l3ropFia S-Ir�WFF— t otheO trees, , ground-68ve pn a mate;;aping (he _off street parking mr vnh!A0 „ r goAr�a abuts •+ n„hlir nn ht_nf_ura�r evrnn �NiG .......J. Ialley, a -perimeter landSGape area ofleast_rl t ffifteen fent /'1 F'\ in a.pp�. . hi.nlained h�� the abutting right of way and the off street par-king or v".' �hen aR eff street parking or veh'GU!aF use area abuts an a0jaGent residential lampeR shall Z Large trees shall be provided in parking areas. The construction of off-street parking area .. equires the planting of one large tree for each 400 square feet or fraction thereof in eac Bland so that there are no more than fifteen 1.5 Conti uous arkin spaces betwee slands, except as otherwise nrnvidp..d herein ommercial sites one 1 acre or less in size are exempt from this requirement] When an off-street parking or vehicular use area abuts a public right-of-way, except ublic alley, a perimeter landscape area of at least fifteen (15') feet in depth shall b aintained between the abutting rights-of-way and the off-street parking or vehicular area. inimum three (3) foot landscaping buffer shrubs are to screen all off-street parkin paces from the public rights-of-way. Necessary access was from the public ri,ht=of-wa hall be permitted through this area. End islands shall be provided at the terminus of each parking bay. Interrupting islands shal e provided within each parking bay as required herein. End islands and interruptin islands shall have a minimum width of nine (9) feet from face of curb to face of curb b ighteen (18') feet and shall contain a Jarge tree. Head-to-head parking bas shall includ two 2 such end islands. In a ROW of parking immediately adjacent to a perimeter parking lot landscape area, equired interrupting islands may be eliminated by planting two(2)additional large trees i he adjacent landscape area for each interrupting island_so eliminated.: For any Commercial site five (5) acres or greater, a median island with a minimum widt f nine (9') feet, from face of curb to face of curb, shall be required between ever fiftee in le arkin ba sand alon one 1primary internal and external access drive. edium or large trees shall be planted at a rate of one per each 50 linear feet or fractio hereof. Median island intervals may be expanded in order to preserve existing trees, rovided an alternative median location has been approved by the City Planner o esi nee- . The preservation of existing healthy trees of a protected species, as set forth in th efinition of"protected tree"in Sec. 17.2, may be used as credits towards the landscapin equired by this subsection. These credits may not be used to replace an end island o ., median island tree unless the preserved tree is located within the required end island o edian island. Each preserved tree is credited towards the adjacent 10 20 or 30,parkin aces accordin l 1. Each healthy large tree with a diameter of at least four(4")inches but less tha ight (8") inches within ten (10') feet of a parking area will be counted as redit towards one required parking lot tree] 'i. Each healthy protected large tree with a diameter of eight(8A)inches to twenty 20")inches preserved within fifteen(15')feet of a parking area will be counted s a credit towards two (2) required parking lot trees ii. Each healthy protected large tree with a diameter of more than 220 inche 1preserved within 20 (20') feet of a parkincl area will be counted as a credi towards three 3 required parking lot trees The area within islands and medians shall not include sod or turf grass and shall not include ore than fifty (50%) percent decorative groundcover material, unless approved by th it Planner or desi nee.The remainder of the area shall consist of planting groundcover. K. 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. 1. Qualifications to Prepare Landscape Plans ... !Gr all lets ggreater than 20,000 squ re feet in area ( 68 aGFes) La sGape Plans shall - Dy a Reg s' tered anrlcrane ArrhiteGt For Info-leer than 2(1 000�+m iar�feet/.138 13Q Gres a 1 a ndSGa i'��`"'�7•,ata--rrvcz+rrczczvvpc:-ra��crrrcco�i�rwr=-^ .. .. __,...__ ...y....,..,� .`-... .,..,...,. .,,,.,� ...,.,... J7avignor Gr L anAcyMpo Gnntrur•tnr hnn�n�lorl rra hlo in nl�+r�t rn torialc r+nA I'.nrl rap M riot fed-by-a L462nsed irFigate Gt The City may roieGt plan f-deeminSUff2Gient-qt4fty-Gr-GGiToetenesc hAd mr],Orp t, at plans be prepared by a Rep row cenS@ Standard site Ian Lots greater than or equal to 30,000 square feet (,68 acres). Landscape Plans shall b i ned and sealed by a Registered Landscape Architect. Small proiect site Ian: For lots less than 30,000 square feet(.68 acres). If the plan includes 10 or more trees, the Ian shall be signed and sealed by a landscape architect. If the plan includes less than 1 rees,the plan shall be signed and sealed by a landscape architect, professional engineer, landscape design rofessional, licensed nurseryman, Certified AgriLife Master Gardener, fDr urban forester. Irrigation tans shall be _prepared and _signed by a Licensed Irrigator or Landscap iArch itect. The City may reject plans if deemed of insufficient quality or completeness and require tha plans be prepared by a Registered Landscape Architect or a Licensed Landsca ontractor, 2. The landscape plan shall meet the following standards and contain the following information: a. Sheet size 24"x 36", or as approved. b. Acceptable scale: 1"= 10', 1" =20', or as approved. -c. North arrow,.graphic and,written scale in close proximity. d. Appropriate title (i.e. "Landscape Plan") e. Title block shall include the project street address, subdivision name, with lot and block numbers, date of plan preparation (and revisions). f. Nameand address of owner. g. Name,address and phone of firm preparing plan. h.. Property boundaries and dimensions. i. Any existing or proposed easements and utilities shown j. Width.and type of buffer:yards labeled on all sides. k. Location, caliper size and name of all existing trees with a caliper equal to, or greater than 6-inches, which are to be preserved. I. Location, quantity, size and name of all proposed plant materials. m. Provide buffer yard and'lnterior Landscape Calculations. n. Visibility triangles shown: o: Required deli- n professional seal signed and dated. p. Plant list, with the size and spacing of all plants. q. Location an .footprint of proposed or existing-buildings and parking lots. r:: Any berms delineated with one (1') foot contour intervals. s.. Any proposed or existing sidewalks. t. Location of all existing trees with indication as to those to be preserved. u. Location of all landscaping material to be used including paving, benches; screens, fountains, statues, walls/fences or other landscaping features; v:: Type of watering system and location of watering source, irrigation, sprinkler, or water system, including placement of water sources. . w. Description of maintenance provisions of the landscaping plan. x. Description.of how existing trees will be protected durin construction. y. All General Landscaping Notes listed in Section 17.1(��) of this Article. L. Non-residential and Multi-family Landscape Buffer Requirements 1. A non-residential or multi-family use adjacent to, or directly facing, a single-family zoning district shall provide a minimum twenty (20) foot landscape buffer adjacent to the property line of the residential use or residentially zoned property. andsca-Rebuffer trees: A minimum of one 1 arg tree shall be planted,for each fo linear feet (_0' , •n 1) medium tree every thilinear feet 3t Oji one 1 small tree evegyAMe@iM X20' linear feet or an, combinatiothereof, ithi landscape buffer-ni . Landscape buffer shrubs: A minimum of ten (10) shrubs shall be planted for each-forty (40')linear feet.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.. 2. A-non-residential, non-industrial use that is adjacent to, or facing, a multi-family zoning district shall provide a minimum ten (101) foot 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. ,Landscape buffer trees: A:minimum of one (1)'= Marg tree shall be planted for eachfort linear feet medium tree every thirt linear feet 30' one 1 small tree eve twent r20' linear feet, W2 eombinatio thereof it hi landscape buffer. Ran,ndscape buffer shrubs: . 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. 3. The following standards shall apply when a buffer wall is required: .a. Fences and walls used as a buffer must have a minimum height of 6 (6')feet but may not exceed 8 (8') feet 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.pilastercaps. b. Fencing and walls shall not be placed within a required Sight Triangle. c. 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. d. 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. e. 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(6') 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. Pe�g upon the eight Of the it-erns being s_eened, , residentiallyFesewes ;.rease or deGrease these standards based upon site A. n residential use acUaGeRt tn- a mulfi-family zening di6tFiGt shall provide a minimum ten fGe MY) lanrlpnnne buffer acl�iaGent to the property line of the residential use or esarati , stone, wrGught Oren and GOmparable ' oriole The um co of rh7Itnh f_nninn With or qui}hnii} I�+}noo}metal, railroad ike materials may_not be used as a sGreening wall Ggen n the fel;Ge or wall may be Of the site and to adjaGent developme Rthe masenry or wood SGFeeRiRg ' " 6nd Pqrthpn berms may be GGnStFUGted to the minimum six font i_h he h} CarFhon green plant rn;;teri The following standards shall apply when water quality ponds/detention ponds are required One large or medium tree shall be planted for every fort 40' linear feet or portion thereof round the boundary of the pond.( One small/ornamental tree shall be planted for eve thi 30' linear feet or ortion t_her_eo round th - e boundary of the pond. Either drip or bubbler irrigation is required for each tree as defined in this code 5. Depending upon the height of the items being screened,the distance from the buffer of items bein toned, utility easement locations and the proximity of residential,lots, staff reserves the flexibility t ncrease or decrease the above buffering standards based upon site specific circumstances; A pplicant may appeal the final decision of the City with respect to this requirement to the Plannin Ic nd Zoninq Commission. M. Existing Tree Credits Credits shall only be granted if the trees are in health .condition and all requirements of this UDC have been met, as determined b the ity Planner or designe at the time of submitting the Landscape Plan. Reference below Section N for all approved trees and plantings. 1. Existing Tree Credit Calculation Existing trees which are saved in Iandscape 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: a. Undesirable Trees (Any Size = 0.5 tree credit Approved Tree 6 12 dnGh Diameter at-- 14.5 feet) - 1..5 Tree Gredi 1- IIIGh (pF!aFqeF)_Diameter at Breast 1 1-i,l it(1.5 feet) is Approved Tree 8-19.99-inch Diameter at Breast Height(4.5 feet)= 1.0 Tree Credit Approved Tree 20 -23.99-inch.Diameter at Breast Height(4.5 feet)=2.0 Tree Credit Approved Tree 24-inch Diameter or higher) at Breast Height 4.5 feet 3.0 Tree Credit Trees are classified-as Approved or as Undesirable in Section below. IN. hmpri-mvements in the Public Right 0. o4ions of publiG right of way (RQVV.) must be planted with aR approved grass, as Glassil' plant mateFial rn (be 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 ,e ity P.lanne� or desi'gne 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. 1. Approved Shade Trees Tree'f es with asterisk and italics are approved drought tolerant/low maintenance xerisca 'in ornrnonNaine cientific Nam American elm Ulmus Americana xAnaqu Ehretia anacua Ari o a"C`"res Cupressus arizonica Bald;Cypress Taxodium distichum Bigtooth Maple Acer grandidentatum Black Walnut Juglans nigra Quercus macrocarpa Canby's Oak_ Quercus canbyi. Carolina Basswood Tilia caroliana &daNr7d1`` - Ulmus crassifolia Cf hink& ,or Chinquapih oak Quercus muhlenbergii Chisos red, Graves Quercus gravesii Durand oak Quercus durandii Fragrant ash Fraxinus cuspidate Green ash Fraxinus Pennsylvania Laceoa Quercus glaucoides Little, Texas walnut Juglans microcarpa Mexican live or Monterrey oak Quercus polymorpha McXica&s"`cainor Platanus mexicana Nuttall.Oak Quercus nuttallii Pa Carya illinoensis Red oa Quercus texana Shin oak Quercus mohriana *Southern line oar Quercus virginiana . *Taxa'ash Fraxinus texansis Texas red oak Quercus buckleyi (texana) �TeXas s camore Platanus occidentalis Vasey oak Quercus pungens var. vaseyana 2 Approved Ornamental, Evergreen and Palm.Trees Tree typ`e`s°withasterisk na d italics are approved drought tolerant/low maintenance(xeriscapin 0omm6QNarne cientific Nam Aleppo pine Pinus halepensis Anacacha`'orchid fie Bauhinia congests Bradford Pear_. Pyrus calleryana Californ,ra fan (exoflc) Washingtonia filifera Can ry!slant/Date Pal Phoenix canariensi Cand na;=buckthor Rhamnus caroliniana Con alra, tirazi Condalia hooked a Cremyr#le eft. `exotic Lagerstroemia indica, fauriei, and X's Wsert wilco Chilopsis linearis wart Palmett Sabel minor Eastern red cedar Juniperus virginiana Escarpment live oak Quercus fusiformis *Evergreen Suina Rhus virens *Flarrieleaf surna Rhus lanceolata *Gofdenball ieadtre Leaucaena retusa Lavendertre Vitex agnus-castes 'Mediterranean fan alm 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 bea So hors secundiflora *Mc!6l0ra pomifersa a Oran Possum=haw boll Ilex deciduas Retama, PaloVerd_; !Parkinsonia texan Rusty, blackha Viburnum rufidulum Texas Crabs I Mollis texana PP _. Texas or Oklahoma redbu Cercis canadensis var. texensis Texas Palmetto, sable Sabal texana Texas Persimmo Diospyrus texana Texas Pistach Pistacia texana_ Texas sophora or Eve's NecklacO Sophora affinis Wild olive;,Mexican wild olio ;: Cordia boissien Windmill Pal tach car us fortune Yau on holly - Ilex vomitoria 3. Appioved Shrubs,Vines, Perennials and Ground Cover .. - Shrub vine, perennial and ground cover ty pes with asterisk and italics are approved drou h olerant/low maintenance xeriscaping oimmon Nam- cientific Nam Agartta, Agartc . Berberis (Mahonia)trifoliata Agaritc, Tx Barberr Berberis spp. Althea, Rose-of-Sharo Hibiscus syriacus .American.Beauty Callicar u.Americana �,Aromafic_Aste4 JAster oblon folie Artemesia spp:. Asian Jasmin Trachelospermum asiaticum ::As aragus Fern As aragus:sprengeri vksie Autumn Sa Salvia greggii Bird of Paradise Caesal inia gilliesi Blazing Star Columbin lAquilegia x puNearan _ 81ue Sage, Mealy Sag Salvia farenaceae Blue Shrub Sage Salvia ballotaeflora Bottlebrush. Callistemon spp Boli ainvlle Bougainvillea Brazilian Sky Flower Duranta repens Buckley Yucca: Yucca constricts Bush Morn in -Glory Ipomea fitulosa Burford Holl Ilex cornet 'Butterfly Bush Buddleia spp: Butterfly Vine:. Mascagnia spp. Orchid Vine Stigmaphyllon littorale Cape Honeysuckle Tecoma capensis Caroline,Jessamn Gelsemium sem ervirens Cat Claw Mimosa, Fragrant Mimosa biuncifer_a Benth,. Mimosa; .-Mimosa bluncifera Century Klan Agave americans Crgar Plant Cu hea s Confederate Jasmine Star Jasmin Trachelospermum jasminoides Coppertone Loqua Eriobotrya x"Coppertone" *Qbf Hone:_suck( Lonicera sem ervirens Coral Vine, Rosa-De-Montana nti onon le to u Queens lNreat Antigonon leptopus Coralber[.y S m horica us orbiculatus Dwarf Mexican Petuni Ruellia brittonian Dwarf Nandinadomestics"nava" etc. Dwarf Yaupon Ilex vomitoria nana :Elderberry Sambucus Canadensis Esperanza Yellow Be fTecoma scan Evening Primrose Oenothera speciosa Fern Acacia Acacia hirta Firecracker Plant Russelia equisetiformis Fireman's Cap, Coral Tree Erythina crista-galli Four-nerve Dais Hymenoxys scaposa *Fragrant Suma Rhus aromatic Frogfrur Phyla humili Ga`Bathe Liatris spp. Giant Liriope Liriope gigantea Golden Shrub Daisy Euryops pecinatus African Bush Daisy .Gamole is chrysanthemoides *Butterfl.Guar aura lindheimer Hawthorn Crataegus spp. Heartleaf Hibiscus Hibiscus cardiophyllus . Hibiscus, Texas Star Hibiscus coccineus Hummingbird Bush Anisacanthus spp. Illinois Bundleflower Desmanthus illinoensis Indian Hawtlior lea hiole sis,Indic 9n, Iris spp Italian Jasmin" Jasminium floridum *Junrpe Juniper spp Ludy Banksla Ras Rosa Banksiae Lanfan` Lantana spp. Lr! Turf, MoPe , `Bi Blue" ._ Liriope muscari vars Lindheimer Senna Cassia lindheimeriana Mexican.Bird of Paradise Caesalpinia mexicana Mexican Butted! Wee Asclepias tuberosa Mexican Flame Vine/Love Vine Senecio confuses *Me can Wee scle las curassavic o! . Ta etes Ilucida Mexi�can,Nlarig . g Mexican Ore an Poliomentha longiflora Mexican Shrimp-Plant Justicia suberecta Mist Flower Eupatroium spp. Mondo Grass. Monkey Gras Ophiopogon japonica Mountain Sage Salvia regla Nandin Nandina domestics spp. Narrow-leaf Yucca Yucca agustifolia *Oleande erium oleande Passion Vine. Passiflora allatocaerrulea (P. pfordtii) Passionflowe , Passifloria incarnate Pigeonbei Rivina humilis Pink Skullca Scutelleria spp. Pittosporu Pumbagoauriculat ttosporum tobir P/umbag *Poore ranate Re ularand Dwa Puncia granatum Prairie Phlox Phlox spp. Primrose Jasmin Jasminum mesnyi Primrose Primrose spp. Prostrate,Rosema Rosemarinus officinales vars; Purple Coneflower_ Echinacea purpurea Red Yucc4 Hesperaloe parviflora Rock Ros Pavonia lasiopetala Rosema Rosemarinus spp. Salvia Salvia spp: Santolin Santolina spp. Shrimp Plan;:: Justicia spp. Silk Tassel Garrya ovata lindheimer Softleaf Yucca Yucca pendula Sotol Dasylirion spp. Spanish Dagger . Yucca treculeana *Spineless Prickly PeaRtunia elisiana`Burbank Sineless St. John's,Wort H ericum spp Texas Clematis, Scarlet clematis texensis, B_uckle Leatherflowet_; - Clematis texensis Texas Elbow BusForesteriera pubeseebs Texas Silverleaf, Sage, Deniz Leucophyllum frutescens Texas Wisteria Wisteria macrostachya sonia Yucca thorn Thompson Yucca p rumet-Vine, Trumpet Creeper Campsis radicans x"Madame Galen Turk's CaO. Malvaviscus drummondii Twisted-leaf YuccYucca ru icola VerbeO Blue Princess Verben erbena s Virginia Creeper .:_. .- Parthenocissus quinquefolia Wax Myrtle-Dwarf, Standar Myrica cerifera White Bush Honeysuckle Lonicera albiflora Winecup Callirhoe involuerata Wisteria, evergreen Wisteria millettia veticulata Witchhazel Hamamelis virginiana *Yarm' Achillea millefolium Yew Podocarpus macrophyllus -Yucc Yucca spp. 4. roved Annual otnmon Nam cientific Nam Bluebonnet Lupines texens Larkspu onsolida orientalis`SEP Mexican Sunflowe ithonia rotundifoli oss os Portulaca grandiflor b Pentas lanceolat slP Periwinkl inca mino Purslan Portulaca olerace inni innia h brid 5 �pprgouAW ed Ornamental Grasse nGrasst;types with asterisk and"italics are approved drou`ht tolerant/low maintenance (xeriscapin": ME',monitN''am' cientific.Nam Bamboo Muhly Muhlenbergia dumosa' Bi-_.Btuester' . Andropogon gerardii Deer Muhly. Muhlenbergia rigens Eastern.Garna _ Tripsacum dactyloides Gulf Muhly Muhlenbergia capillaris Indian Grass Sorghastrum natums Inland Sea "Oat Chasmanthium latifolium *. %. F Lndhejrner;Muhl Muhlenbergia lindheimer Liftle Blueste Schizaachyrium scoparium Mexican Feathe_rgrass Stipa tenuissima Pam ass Gras' ordaderia sellean Pine Muhl Muhlenbergia dubia *Purple Fountam:Gras Pennisetum setaceum `Rubrum Seep Muhly Muhlenbergia reverehonii � Soa�tsgrain Bouteloua curtipendula <Switch.Gras Panicum virgatum Weeping Muhly Muhlenbergia dubioides Western Wheatgrass Agropyron smithii 6: , roved 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. 7. ndes:irable „' Plantm'` Lis Common Name Scientific Name Arizona Ash Fraxinus velut -Ashe-Juni er, Mountain Cedar. Juni erus ashei Bradforticf?ea Pyrus Calle 'an Box-Elder Acer negundo Chinaberry tree Melia azedarach L. Chinese Loquat or Loquat Eriobotrya japonica Chinese ParasolNarnish Tree Firmiana simplex Chinese Tallow - Sa ium sebiferum olden�Barnbo Phyllbttach' acre° Golden-Rain Tree Koelrenteria paniculata Huisache or Sweet Acacia Acacia farnesiana. Japanese Plum Prunus salicina Ligusfrum 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: 1. Open space is landscaped with approved turf grass designated by this section, 2. Open space contains recreational facilities, "including, but not limited to playgrounds and tennis courts, on pervious or impervious surfaces; 3. More substantial tree and shrub landscaping is planted along the perimeter of.the school or church property lines; 4. Landscape Plan complies with all Landscape Buffer require.ments-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 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: 1. 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 responsibility of the contractor to advise the owner of an condition found on site whic_ rohibits the installation per approved 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 at least five (5') feet from any utility line and outside utilit /drains asements. A three(3')foot clear diameter around fire hydrants is required: To prevent damage to tree trunks, trees may hot be placed within three feet 3' , of curbin or en f a parking space. Durable wheel stops shall be used in limited space areas.. Any tree planted within five (5) feet of a curb walk or drive must include an approved rigid, lasti oot barrier approved by the City: Trees overhanging sidewalks and pedestrian areas shall have a clear trunk height of eight(8')feet. - 10. Trees overhanging visibility easements of rights-of-Ways shall have a minimum clear trunk hei h f eight(8')feet..: .. . 11. Trees overhanging public street pavement, drive aisles and fire lanes shall have a minimum Clea runk height of fourteen feet(14'): . 12. Trees planted on slopes will have the soil stain at average grade of slope, 13. No shrubs shall be permitted in a landscape bed less than three(3')feetin width. Such-areas shal e covered with rass, roundcover or-. -ermanent fixed materials such as avers: 14. No trees are not allowed in the City's right-of-way,with the Ione exception of residential subdivisio ntrances. The entrance landscaping plan will be subject to City and utility approval and must b ocated out of clear sight visibility areas 15. In medians landscape material, except for trees, shall not exceed 2'-6" inches in height. 16. A visibility triangle must be provided at all intersections as required by this UDC (Article 18.14). hrubs may not exceed 2'-6" in height. Trees will have a minimum clear trunk branchina hei ht o fight(8') feet . 17. Plant materials shall be maintained in a healthy and growing condition and be replaced_ _ with plant aterial of similar variety and size if damaged, destroyed or removed. 18. Landscape areas shall be kept free of trash, litter and weeds. 19. All signs and fencing are contingent on the issue of permits and inspections . 0. Where irrigation systems are approved, over spray on streets and walks is rohibited 1. A permit from the Building Inspections Department is re uired. Section 17.2 Protected Tree and Heritage Tree Preservation Frees have a positive economic effect on the city by enhancing property values, mitigating drainage an looding issues, improving air quality, helping save energy, and improving health and quality of life, thereb -naking the city a more attractive place in which to live visit and do business. The provisions of this section shall apply to all developments, including commercial, industrial, single-and multi-family residential in the corporate limits of the City and the Cibolo ETJ. A. Purpose and Intent The City seeks to: encourage the preservation of mature trees which once removed can be replaced only after generations, preserve protected trees during construction and control the removal of protected trees when necessary. The City intends to achieve the following: 2 PreteGt and se thev.,l�,�.,ue not resident=L-oa time for he attFaGFien of newU?inomye�� the Gi� 4. PreteGt healthy qualiby, trees rmmOte the nati 1 - as in GFder to provide relief from the heat by redUGiR t$ 1. To protect, maintain and manage the City's existing forest resources by providing 're ulation elating to the cutting, removal or destruction of protected trees? To encourage a resourceful and prudent approach to urban development of wooded areas To minimize tree loss and provide for replacement of trees removed and destroyed resulting fro-_ evelopment' To provide an objective method to evaluate a development's impact on trees and wooded area_ nd identify whether and how the impact may be reduced; To provide incentives for creative subdivision and site design which preserve trees while allowin evelopment in wooded areas; an - �To provide for the enforcement and administration of tree protection, thereb romotin an rotecting the public health, safety and welfare and enhancing the quality of life. To clearly define_ rotected trees and herita a tre_es and was in which their encroachment limit iffer. B. clearly define the limitations for encroachment of hazardous activities related to protected tree nd heritage trees: To define the enalties for violation of the encroachment lZts r rotected frees and herita rees., a. Affectivity. All developments for which a Master Plan has not yet been submitted as of the effective date of this ordinance shall be subject to the requirements for tree protection and replacement specified herein. b. Private Property. - is�!# a1 Property:zoned agricultural within the City Limits or appraised for agricultural in the City ETJ and being actively used.for agricultural purposes shall be exempt from the requirements specified herein. c. Homeowners. .. The owner of a residence of two acres or less who uses the residence as a homestead shall be exempt from the tree protection and replacement requirements of this ordinance as it pertains to that residential property. d. - Exceptions. A tree removal permit and tree protection and replacement requirements shall not be required under any of the following circumstances: i. Damaged/Diseased;Trees: The tree is dead, diseased, damaged beyond the point of recovery, in danger of fallinor-endangers the public health, welfare or safety as determined by the city PI.annex or designe. . ii: Utility Service Interruption: The tree has disrupted a public_ utility service due to a tornado, storm, flood or other act of nature. Removal shall be limited to the portion of the tree reasonably necessary to reestablish and maintain reliable utility service.. iii. Business Interests: The following .business -ventures-shall. be exempt from the requirements specified.herein as follows: (1) Landscape Nursery: All licensed plant or tree nurseries shall be exempt from the tree protection and replacement requirements and from the tree removal permit requirements only in relation to those trees planted and growing on the premises which;are so planted and growing for the sale to the general public; or (2)-Golf Courser Golf courses shall be exempt from the tree protection. and replacement requirements and from the tree removal permit requirements for - removal of protected trees within areas designated as,tee boxes,; fairways or greens. All other areas shall be subject to these requirements. e. Deferral. The Planning and Zoning Commission may consider a "deferral" request.from the requirement to maintain all protected heritage trees when the literal enforcement of this requirement would result . in the creation of an unnecessary hardship on impractical application of the plan considering the physical characteristics of the lot or parcel,of land in question. B. Protected and Heritage Tree Definitions Contiguous Residential Lots. Contiguous lots include three or more adjoining lots; DBH -Diameter-at-breast-height(caliper). A,tree trunk diameter measured in inches at a height of 4.5 feet above the ground. If a tree splits into .,multiple:trunks below 4.5 feet, the tree shall be measured in two places, the narrowest point,beneath the split and % the sum-of the calipers of the trunks immediately above the split. Whichever is the greater .. measurementis to be the measurement applied. If there is no single trunk above ground level to measure, the measurement shall be the sum of the main trunk, plus '/2 of all other branches of the calipers of the various trunks at breast height; Drip Liner A vertical line run through the outermost portion of the canopy of a tree and extending to the ground; Governmental Entity. City, Independent School Districts, State and County property; property owned by the United States of America or other federal agencies. Examples of this would include City Hall, public parks, Corps of Engineers property, State ROW, library, fire stations, water tower sites or similar properties; Mitigation. Tree replacement with an.authorized species; . - Multi-Trunk Tree. Tree with more than one trunk arising at or near the ground; Protective Fencing. Snow fencing, chain link fence, barbed wire fence, orange vinyl construction fencing or other similar fencing with a four foot(4') approximate height; Pervious. Water will permeate the surface; Protected Trees. Trees elon in to rotected residential tree list below an� having a -inch to 19.99-inch DB and not belonging_to the undesirable species list •er Section 17.1 1Ni 7 champion Trees - hampion trees are designated by City Council and are on the Champion Tree Re ist reel beton in. o the Cham•ion desi•nation are herita a trees r2©—24 DBHo and above.. Heritage Trees._ Trees �elon�in to rotected residential tree list below an having a 0-inch t 24-inch DBH and not belonging to the undesirable-species list •er Section 11x7.1 aNa,r7 Critical Root Zone (CRZ). A circular area being one foot from the tree trunk for each diameter inch of trunk size. Root Protection Zone(RPZ). The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance.from the trunk to the outermost portion of the drip line. Asea practicalmatter; this is, the acute portion of:the tree's root system. Approximately ninety percent(90%) of the tree's root mass occurs within the top three feet of the soil and most of the fine feeder roots which collect moisture and nutrients are located in the top six inches (6") of the soil. Typically, a tree's root system extends as much as two to.three times the distance from the trunk to the dripline. Tree Affidavit. Affirmation by the developer/landowner that there are not heritage or protected treesin a proposed development or subdivision: Tree Crown: Parts of the tree above the trunk including leaves, branches, limbs and scaffold: the uppermost part of the tree. Tree Preservation/Removal Permit. Permit required when heritage/protected trees are to be removed. t fGr any tree speGies listed i.. Se-ti uAPPrGved et SeGt;en 47.2 Protected Tree S ecie merican Elm Ulmus Americana Bald Cypress— Taxodium distichu ive Oak- Quercus virginiana Shumard red oak- Quercus shumardi Chinquapin Oak-Quercus muehlenbergii Burr oak- Quercus macrocar _ Lacey Oak Quercus glauco ides Pecan-Carya illinoinensi hinese pistache-Pistacia chinensis Cedar elm- Ulmus crassifoli exas Red bud- Cercis canadensis var texensis Persimmon-Diospyros texan Monterrey Oak Quercus polymorphsTexas Mountain Laurel- So hors secundiflor Texas Sycamore—Platanus OccidentaG �. Designation of heritage trees. All trees of the Protected Tree Species with a 24-inch DBH ar ereby designated heritage trees and are protected from removal unless removal re uirements aro met as outlined in Section E. Designation of champion trees. All champion trees must be designated b Ci Council. Cham io rees cannot be removed until the, receive a removal of desi nation. �an on ouncil may consider designating a tree as a champion tree upon the nominatio rson and with the written consent of the property owner. b. Desi nation tree may be designated a champion tree by the City Council upon a finding that it i nique and of importance to the community due to any of the following: It is an outstanding specimen of a desirable species-_ L it is one of the largest or oldest trees in the city; orf ii. it possesses a_distinctive form size age, location, and/or historical si nificance. Notification fter City Council approval of a champion tree desi nation the ci . secreta shall noti he ro ert owner in writin of the desi nation. f Removalof designation written request by the property owner for removal of a champion tree designation ma e submitted to the City Planner or designee for consideration by the City Council. Afte City Council approval of a champion tree designation removal the Cit Secretar shal potify the,property owner in writing of the designation removal .Tree Trunk Measwremen 1. Straight Trunk: Trees with straight, upright trunks should be measured four and a half (4.5) feet above the ground as shown below. .w .E 4.5 2. Trunk on an Anale or Slope: The trunk'is measured at right angles to the trunk four and a half(4.5) feet along the center of the trunk axis, so the height is the average of the shortest and the longest sides of the trunk, as shown below: NY , 4.5 h. 3. Multi-Trunk Trees: If a tree splits into multiple trunks below 4.5 feet, the tree,shall be measured in .two places, the narrowest point beneath the split and '/z the sum of the calipers of the trunks immediately above. the split. Whichever is the greater measurement is to be the measurement applied: If there is no single trunk above ground level to measure, the measurement shall be the'sum of the main trunk, plus '%of all other branches.of the calipers of the various trunks at breast height: _ �`. Y .• a+O�p •.�✓ y. :t �- 41 ld✓`� ► :`3%'. .`,.�vi�_ "••i"�L�1 *R` y+ ' iw'��..v..!'vy'.8'i5 �=. .� ✓Q, _ !� MY1�' � ✓•�t•;� � Sb� lam.• '; .��,.:.• �r.1 ~"�- _=1_ti��'v v•,L ♦ ry iS,y q 43 h. �. , ��7 s 4.5 ft. JE._Re plac,emnaitn}ama nrl-Drntnnfinn Removal and/or Replacement of Existing st—sub+n*t .. bar size anrt Iocation Gf any PFGtGted trees, the developer iGh of Lr 1�4 ase PFstes preliminary en-shall--b lo -..WheR a p fet'erterd treeis nrGposed to be remeved staff shall - any Pr-aGtiGa .. may-be aVailabl2-lid 6d2-tC3 JIDG, the Planning and Z iRg Gemmission .. 3utherqty to grant a vardaRGe upon deteFrAining that the preservation ef the tree the developer or subdivide ired to determine naliner of the nrntertnd trees proposed to b �ppFGppt((1 9%)to determinethe of tree naliner that must he installed to replaG proteGted rrrrrr```""'''"��••�•"```"'''"```"""''',••,,•�, t trees to be re prntented }rens to he_remover/..,.. ust,be replaGed with any of th(--+--4--d tree speGies listed in Se n G G above. The replaGernent tree requirerne-nt r6a;n-bE satisfied with the planting in llatien ef many small trees 4 Gne, laFge tree; providec o - - - - - - ■ - e ■ r ■ w - It RMOM Mli NO I Ny MAMME— - •. - •C�i r lmd -- - ON -^ -G e• -es e - - ,_1-...0_.&yyra - - IL:I:•.tefi7:•.1.L17C S - ff IN mim 4 - - e -Lill -r S - - - - - - - Mail ■-_ es- e m NUNS MINIt. ■r _ AM A - - - G 4 nethed fnr nnrr pliaRGe . .A tho D1;;AMi rti �rir1 7nninn ('n - - A dead tree is not considered a protected tree and is not subject to the tree rem�dhe l permi requirements set forth in this section. The process for removal of a dead that wa reviously designated a champion tree b cit council or was considered a rotecterita ree at the time it was alive is as follows For removal of a dead tree that was previously designated a champion tree the Cit ouncil: - - i, A property owner shall request that the Parks Department inspect the tree. ii. The Parks Department shall inspect the tree within 15 business days of the re ues nd determine if the tree is dead or alive 'ii. Upon a determination by the Parks Department that the tree is dead;the Planning an Engineering Director or designee shall approve or deny the removal request. If the Parks Department determines that the tree is still alive; and the property owne ishes to remove the tree, the owner must comply with the protected tree remova ermit process set forth in this section For removal of a dead tree that was not previously designated a champion tree b the Cit ouncil but was considered a protected or heritage tree at the time it was alive: L property owner shall request that the Parks Department inspect the tree: i. The Parks Department shall inspect the tree within 15 business days of the re- q-ues nd determine if the tree is dead or alive. ii. Upon a determination by the Parks Department that the tree is dead, the City Planne r designee shall approve or deny the removal re nest. 'If the Parks Department determines that the tree is still alive, and the property owne ishes to remove the tree,the owner must comply with the protected tree removal ermit process set forth in this section. Protected tree removal permit process Protected and/or Heritage tree removal permit. This process is reserved for those situation -- , here the subdivision process or site plan process does not apply. Unless the removal i part of the subdivision process or the site plan process,a protected tree shall not be remove ithout a permit. In all other cases, a permit is required to remove a protected tree. Applications for protected.tree removal permits are reviewed by the City Planner or designee Tree removal permit application. The application for a protected tree removal permit shall b made by the owner of the property on which the protected tree is located and-shall b ccom anied hy documentation shoWingf The approximate location of the tree i. The diameter of the tree trunkmeasured at 4 1/2 feet above rade )ii. The approximate drip line of the tree y. The species and/or common name of the tree;, The approximate size of the lot tract orarcel on which the tree is located,. i. Reason for the proposed removal Vii-. A A tree rep-lacement plan,as outlined in Section_E-5-below, Application review. Upon receipt of the application, the Parks Department shall inspect th ubject tree and the City Planner or designee,approve or deny the application in accordant ith the provisions of this article. Processing of application. An application for a protected tree removal permit shall b rocessed within 15 business da s from the date the application is received. Tree rotection removal and re lacement: i. Except as specifically outlined in Section E_-5 below, replacement trees shall b required if any protected tree is removed Iii.�A tree replacement plan shall accompany any tree removal permit application.The tre aeplacement plan will be reviewed in conjunction with the protected tree removal ermi� pplication and will be approved or denied by the City Planner or designee.- Protected esi nee.Protected and/or Heritage tree removal through the subdivision process. Tree remova equests, tree surveys and tree replacement plans for all projects requiring plat approval shall b submitted in conjunction with the subdivision approval process. An electronic copy of the tre survey list, including miti 'ation calculations shall be provided with the application. Tree Surve . A tree survey, a tree protection plan, and a tree replacement plan will be reviewed by th _ ity Planner or designee as part of the plat approval and subdivision construction improvement acceptance process. The tree survey shall include all trees in th subdivision and off-site trees whose critical root zones encroach_ into the subdivision o limits of construction. 'i. A tree survey will not be required if a land surveyor certifies that there are no protecte trees on the proposed subdivision or trees whose critical root zones encroach within th imits of construction. 'i�i. --A partial tree survey may be permitted if the City Planner or designee determines that th eplacement and protection requirements of this article have been met. V. A_ tree inventory in lieu of a tree survey may be accepted by the City Planner or designe o document trees outside of the limits of construction shown on the subdivisiorj mprovement construction plans provided that the critical root zones of said trees do no ncroach into the limits of construction. A request to use a tree inventory or a partial tree survey shall be made in writing to th-_.. ity Planner or designee in conjunction with the concept plan submittal. The City Planne r designee shall provide written notification approving ordisapprovin the request withi he concept plan review cycle. Tree removal i. rhe developer of a subdivision who finds it necessary to remove one or more of th rotected trees on the site may remove a limited number of said protected trees withou eing subject to the tree replacement requirements of Section E-5 below. In order for z . subdivision site to qualify under this Section, the City Planner or designee shall firs alculate the total number of diameter inches of.protected trees on the site. Then th eveloper may remove protected trees whose total diameters are not more than 3 ercent of the diameter inches of all protected trees on the site. Provided however, thi Section shall first be applied to the smallest protected tree on the site and then to th � emainder of the protected trees in ascending order according to their diameters. If th eveloper wishes to remove more than 30 percent of the diameter inches of all protecte gees on the site,the developer shall comply with the requirements of Section E-5 Belo_ or trees in excess of said 30 percent. ii.- he tree replacement plan pursuant to Section E-5 below will be reviewed in conjunctioij with'the preliminary plat review or subdivision improvement permit review process. . Protected and/or Heritage tree removal through the site development permit process. Tre emoval requests, tree surveys, tree protection plans and tree replacement plans for all project equiring site plan approval, shall be submitted to the City Planner or designee, as part of the site pla application approval process. An electronic copy of the tree survey list, including miti atio alculations,shall be rovded with the application Tree surve . 1. A tree survey, tree protection plan, and tree replacement plan shall accompany all site plan submitted in accordance with this code rand will be reviewed by the City Planner or designee. he tree survey shall include all trees on the subject site and off-site trees whose critical roo -ones encroach onto the site or limits of construction; A tree survey will not be required ifa land surveyor certifies that there are no protected tree n the proposed site or within the limits of construction. A partial tree survey may be permitted if the City Planner or designee determines that th re lacement and protection requirements of this article have been met Atree inventory in lieu of a tree survey may be accepted by the City Planner or designee t ocument trees outside the limits of construction provided that the critical root zones of sai gees do not encroach into the limits of constructio A request to use a tree inventory or a partial tree survey shall be made in writing to the Cit Planner or designee in conjunction with the preliminary site plan submittal. The City Planner' �r designee shall provide written notification approving or disc g rovinthe request within Phe preliminaN site plan review a cle. Tree removal 1. A developer of a project who finds it necessary to remove one or more of the protected tree )n the site may remove a limited number of said protected trees without being subject to th requirementsme replacement of Section E-5 below. For a the City Planner ordesigneeIaft'hall first calculate the total number lo :rider this Section, diameter inches o protected trees on the site. Then the developer may remove protected trees whose tota iameters are not more than 30 percent of the diameter inches of all protected trees on the ite. Provided however; this Section shall first be applied to protected trees within fron etbacks,public street rights-of-way and drainage/utility easements followed by the smalles rotected tree on the site and then to the remainder of the protected trees in ascending order according to their diameters. f the developer wishes to remove more than 30 percent of the diameter inches of all. protected trees on the site, the developer shall comply with the requirements of Section E- below for trees in excess of said 30 ercent A tree replacement plan and tree protection plan shall accompany the site developmen ermit application to the City Planner or designee. The tree replacement plan and tre Protection plan will be reviewed in conjunction with the site development e.rmit a licatio and will-be approved or denied by the City Planner or desi nee.F When replacement trees are.required replacement shall be in accordance with Section E- ._ below. Reduced parking space requirement for preserving larger protected trees. A property owner wh reserves a protected tree having a diameter of fifteen (15") inches or more and who does not disturb more than twenty-five(25%) percent of the said tree's critical root zone shall qualify for parking space credit as set forth herein. The property owner shall be entitled to reduce parkin requirement by one parking, space for each 162 square feet of area or fraction thereof, le ndeveloped in order to preserve the protected tree. However, in no case shall the owner receiv reduction in parking spaces in excess of ten percent of the total required parkin spaces.- Tree replacement, Re uirements and re ulations. 1. Except as expressly provided herein when protected trees are removed; tree replace hall be required . Replacement trees of the same or similar species as the protected tree to be removed shall b )anted as required in the tree replacement schedule in Section L Each replacement tree shall b minimum of three inches caliper and a minimum of ten feet in height and five (5) foot spread, 'hen planted, All replacement trees shall comply with generally accepted criteria such as those rovided in Section 1. Each replacement tree shall have an underground automatic irrigation system and waterin chedule in accordance with the generally accepted methods. Trees listed in Section 17.1 N a_ eriscaping shall be exempt from this re uirement. 4. Each replacement tree shall be planted on the same subdivision or development site frorr :.which the tree was removed. In the event that there is not a suitable location for the replacemen ree(s) on the same site, as determined and certified by a landscape architect and approved b, he City Planner or designee,or if the City Planner or designee determines that replacement tree re unable to survive on the site based on information submitted by the landscape architect, th owner of the site will be allowed to do one of the following if approved by the City Planner o esi neer Make a cash payment into the tree fund in accordance with the tree replacement schedul rovided in subsection c below, which_ shall be used to fund tree plantin s or tre replacement on public property; o Plant trees on public property according to the tree replacement schedule provided,i_ Lbsection c below, as approved by the City,Planner or designee. Replacement trees required under the subdivision process shall be planted no later than tw ears from the date of the acceptance letter for the subdivision ublic improvements, providel hat fiscal security is posted in accordance with Section H. The tree replacement schedule is provided below, and the replacement inches shall b_ alculated as follows: Total diameter of trees in a single category multiplied by the treel replacement ratio for that category equals the tree replacement required for that category Of 6es. The tree replacement ratio applies to the diameter of the existing tree to be removed I O iameter of Existin;q Tre ree Re lacement Ratio inche ree Re lacement Fe DBH er inch to 19.99 inche 0 inches to 4 inches and la e_ 450.0 xample: If an existing 12-inch tree is removed, 12 inches of tree replacement results or a fee o 1,800.00 shall be paid (12 inches multiplied by$150.00). If an existing,20-inch tree is removed, 0 inches of tree replacement results or a fee of$6;000.00 shall be paid 20 inches multi lied b 300.D0 Except as provided herein, any replacement tree that dies prior to the expiration of two year fter a site development or subdivision improvement permit acceptance letter is issued shall b replaced by the developer or owner. This paragraph shall not apply to any replacement tree lanted on lots zoned for single-family or two-family uses if. All replacement trees shall be considered protected trees regardless of size: n 1, Fe—'are based op the ratins iR the table in subseGtiGn beve. Payment-its-caIGUla Glue{► nGil-#�me fc cv c'rrn t rGnlenemenf'� foo shall be tendered in the fGrm�f a r-asshier�s h,,.�,�-�„-, payment aGGeptable by the_roty, payable shies rh.eGk er other fbFm of paym t-asset -4- EnfGFGernent at the i.m. site plan appreval 00ivisiG,,..'G �' �� t ne; pFier t FeG8Fdat;Gpr r Tree credits See Section 17.1.M.1 for applicable tree replacement credits under this article: Up to 50 percent of the inches to be replaced may be done through tree credits The trees selected for consideration toward the amount of replacement_ trees required shall b indicated on the tree survey and the tree replacement plan: The trees shown on the tree survey and the tree replacement plan as the trees .proposed for tree credits shall be protected in the same manner as a protected tree The City Planner or designee will review the trees proposed for tree credits provided in the tre urvey and tree replacement plan and will approve or deny the use of the recommended trees a redits toward the replacement trees required. The review of the City Planner or designee shal be based on the assessed health structure, habit disease, or decline of the tree. Tree removal without replacement A protected tree may be removed without replacement, provided ap roval is granted unde ,Section E-1, and one of the following conditions existsi 1: The protected tree is damaged by natural causes or is diseased beyond the point of recovery The protected tree should be removed as a safety measure because it is in danger of falling The protected tree threatens to damage property* The location of the protected tree prevents reasonable access to the property; o 6. The location of the protected_ tree precludes all reasonable and lawful use of the property o � hich it is located.. Transplanting a protected tree to a suitable location on the same property or off-site shall no equire replacement, provided that the owner complies with the generally accepted transplantin ethods and posts either a cash deposit or a letter of credit. The letter of credit shall be in a forrr cceptable to the city attorney, in the amount of 100 percent of the tree replacement fee require y Section E-5. The city may draw on the letter of credit if, within two years of the date of th Bove-described transplanting,the Parks Department reasonably determines that the tree is deal r is in such a state of decline that it is likely to die. In that event the cash deposit or the amount rawn on the letter of credit shall be-deposited in the tree fund. . Use of Retaining Walls to Preserve Tree When using retaining wall when natural grade must be raised or lowered, the tree well shall be designed in accordance with the design concepts depicted below: 7d.Backfilling behind ��//. �) � retainingtrall - w f .� ProteeteH Root Zone _ . (PRZ)-: kept of orlg,nall_ Soif remover! beyond retairnng.tvoll M'da\At-an-Fee-R-e ay 4mi ims+L.be submitted to the _ifii Planar nrinr to applying for any site plan O .. F.m. that there are no heritage or prete--ted trees in the prop d-develnnmen+•, or, 4-be damaged Gr removed; 9F when no PFGteGted tree will be damaged 0 , inside the street rights ofway rroinnne e-nd utility easements for resideRtia me+ vcc-RTcrr-hetgfF ca-rn . eritage trees shall Rot he removed without first submittinq a "Tr .� "Tree Qemovel Dert�}i� �Iimoval Permit may not be j-unN-qA6-Gf thp fAllowing antippq IA n+ert��_Qted-o heritage trim is Innote�d within the area �� K betprints, rwithinhe footprint of a builrlinn addition, the .de l.lr�nnrtag theSE �vvcPi rvPc� 'ree sMnrl request n meeting with the /.`ifir Planner to .. cess the Sl�e,�uaan . ,ieQatinns of affented treses and etermine if any development alternatives are _availabi . -. ...:e preseni��_ie suG,44;e�nrl�to determine if nroseryation nfrthe nrnt ,E j��r-aksti4 .. f+hn_che-City Olanner determin eshatrat the pirmaminim�tinn of th�gteGtezzrir`�'-ccisv-'n ntrrvrntsr-avtiea . 1 enter! tree is of��ze health Gr fnrm- +he Qi,ty Planner may @FaRt � . . - rral" from the requirementsnf this sention nr m�nv ren�wee t ate- � dam, l hee ewes the right to require that the "de 77 kEj . rte 'hv the Dlnnnlanninn �n7nninn ('nmmibandinn in these in '-loll T�rtc p'nvtcvtcTr!-'/h ngtagnbe preserved by an .r'eet . The prote ted/heritage tree(S) Gan be pFeserved by relaxiR teGted trees Gn the site as an altPFnatOvq- proteGted Gr heritage tree( Thp applir-ant is either URWilliRg GF UR :e impose G nditions ef approval OR the plat or site plat; to pFesewe a tree Gr-k ill be rem inside the setbaGks, stre development. A tree presewat6en planlremoval permit required 0, tree pr-eseFva4GP plan with an inventory of existing trees required in order to GaIGUI iiameter inGhes that will be removed veFsus number Gf;nrhz,.;that 1*A"fill be preserved-In addition UGtiftatien fG )teGted or heritage tFees.This permit Will be issued after the City God on and jUGtifiGatiE)R'fbF removing pFGteGted or heritage tr-eer,-F speGieS a -,.Gept these In , Gity has the appreval authority for all tree preservatiGn plans and v.411 M-ake note Gf th- wation plan approval an their plat review. SpeGftaily, it will be noted that Tree Protection and Plantin 1. The,City of Cibolo Tree Preservation under the UDC is based on the fundamental precepts of sound urban forest management. Proposed development projects are evaluated on a case-by-case (and tree-by-tree) basis, which entails evaluating the existing tree resources on a site, understanding the dynamics of trees and development impacts, and negotiating a solution that results in a development with a balanced mixture of tree species and age. The goal of each review is to assure that, through a combination of preservation and reforestation, a final product is achieved which results in a diversified and sustainable urban forest. Trees 0 0 inches in diameter and greater are classified as "protected size" and receive enhanced preservation evaluation. Trees 24" in diameter of specified species are classified as "Heritage Trees." Both protected and Heritage trees require a permit to: remove, impact the -M (i.e. utility trench, sidewalk, driveway, irrigation lines, foundation) or remove more than 30% of the canopy. 2. Tree protection will be installed before any site work is initiated and maintained for the duration of the construction work. Tree protection will consist of the following: a. [twill consist of fencing orange mesh or chain link laced around the;.: A� CRS eek but in no event less than fine (5) feet. And; A 6-in7ch layerof mulch within the entire available root zone area is re uired for trees whit, ave an, disfiurbance indicated within an: •onion of the CRZ c. No vehicles or construction materials/debris will be allowed in theCRS d. No equipment shall be cleaned, or other liquids deposited within the.limits of the drip line of any Heritage/Protected Tree. This includes, but is not limited to, paint, oil, solvents, asphalt, concrete, mortar, or other materials; e. No signs,wires, or other attachments, other than those of a protective nature,which have been approved in the Tree Qmspes+t+ee 1'IRreseruat_ i,r Plan, shall be attached to any Heritage/Protected Tree; f. Trespassing or throwing trash into a Protective Fence area is prohibited. g. Any damage done to tree crowns or roots will be repaired immediately and any wounds on live oaks will be painted with pruning paint within 60 minutes to prevent oak wilt. h. Wells or retaining walls around the RP-Z CR will be used if proposed finished grades will raise or lower the naturO-RMF Millbe grade by more than 6 inches. L The finished pervious. j. For commercial, multifamily and other developments; a minimum of 25%of the total ! CRS must be preserved. k. For single family residential development of single or contiguous lots (contiguous lots include three or more lots), a minimum of 50% of total ; a-- , must be preserved. I. For individual lots_�ithin as.ubdiu�_oQ, 45% of total C*.R, must be preserved. M. Utility and flatwork per the original builder's plan are exempt for up to 45% of the � CRr . To prevent damage to tree trunks; trees may not be placed within three feet (3') of curbin o ,go a •arkin s•ace. ©u rable:vuh'eel.sto s s_hallbe,.used in_limited s ace areas 3. A tree removal permit shall be required to remove heritage trees and protected trees. There is a mitigation requirement imposed for the removal of all heritage and/or protected trees. 4. Residential home builders in the City are required to plant, or preserve, a minimum of ,o 0 approved trees per dwelling lot. When mature, the species planted will have an average crown greater than 15 feet in diameter. Trees planted or allowed to remain shall have minimum two (2) inch DBH and an overall height of at least right(8) feet when planted. Trees may not be planted in the right of way. 5. For single family residential developments, each home will have at least two (2) approved trees, each with a minimum two 2" inch DBH minimum. All trees shall be of an a roved/authorized s s nd ma: kse laced either im,_tle fromt:-rear or sitle.xards No trees ma,, be •canted,in th ,ROW: 6. Site plans should accommodate existing trees by providing islands in parking lots, grading, and landscaping surrounding structures. In commercial, multifamily, and other developments, trees will f be added to the landscape, as necessary, to have the equivalent of four(4) inch DBH per fifty (50') feet of street frontage. Tree Preservation Design Criteria Critical Root Zone(CRZ) One foot from the tree trunk for each diameter inch of trunk size. Critical Root Zone (CRZ) Impacts `k T ' A tree's root system ranges well beyond the ° dripline. The_CRZ has been established to set a Devello• nt ` practical limit beyond which any loss of roots el would not have-a significant impact on a tree's -. survival.. Design constraints often dictate.that trees slated for preservation have some i encroachment on their critical root zone. < < Weighing this fact with what appears to be an � r acceptable degree-of risk to most trees,:the following minimum design criteria (maximum allowable impacts) have.been established. Reference above to determin minimum .. CRZ o be preserved t at natural grade,Vith natural ground ! t cover, and ProposedtUtihty;line =_ No cut or fill greater than four(4)inches will be located closer to the tree trunk than the '/CRZ. Example: a tree with a 20=inch diameter trunk has a.20-foot CRZ and a 10-foot'/2 CRZ. Tree Protection ... In order to assure that trees are adequately ^^ preserved, tree protection fencing is required for trees within the limits of construction. 'r' Fencing should protect the entire Critical Root Zone (CRZ) area. Fencing is required to be 4A chain link mesh 0 r oran a mes at a minimum height of five feet. A&inch layer of mulch within - ,•'r". J.,r y` <"r:�,- N - the entire available root zone area is required for [54 nr fi'��OEP7 Ol A4C • R� a, trees which have any disturbance indicated within 6,` }-.v W- any portion of the:Critical Root Zone. -A! WIND to rr.7:�at,�rravayt_HctX.:trtY�� rnYE . c EE 'IYX*4 t.1.�_n 1y1 !gh-A'X1 cCOnas SOD On CIA: TAI E F f` - `?-nt7 e�tac ence,�Asa. tto f d 74 tr�l i IVVIt �� '. cbsabits AN IA F , $ WO MM �-M% Fj 1 1, A, ,I. fiscal Security for Tree_, 1. Posting of fiscal at subdivision. The owner must post fiscal security with the city prior to a request for recordation of the final pla r prior to subdivision construction plan acceptance, whichever comes first, if the replacemen rees required under the approved tree replacement plan have not been installed and accepted b he City Planner or designee. _Posting of fiscal for phased site laps. The owner must post fiscal security with the City if the tree replacement plan is to be implements in phases as part of an approved site plan that is in phases.'This fiscal security is intended to apply. o those situations where protected trees are removed in one phase of the development and th replacement trees are intended to be planted in a subsequent phase of the development. Th "_security must be posted,priorto final site plan approval Amount The amount of fiscal security posted by the owner shall equal the estimated cost to complete th approved tree replacement plan.The owner's landscape architect shall provide the Cify Planne r desi nee with a sealed opinion of the probable cost forapproval. Time.: . he fiscal shall be posted for a two-year time period T es. In a form approved by-the-city by-the-cityattorne an owner may post as fiscal securi ; Cash A performance bond' o A letter of credit= 6. Expenditure of fiscal security. he city may draw on the fiscal security and pay the cost of completing the tree replacement pla approved if it determines that the owner has breached the obligations secured by the fiscal securit r the two-year time period for the installation of the replacement trees has expired. The city,shal efund the balance of the fiscal security, if any,to the owner. The owner shall be liable for the cos hat exceeds the amount of fiscal security, if any, including any costs incurred_by the city to dra_ n the fiscal securi 7. Return of fiscal security. he city shall return the fiscal security to the owner when final inspectionapproval is provided b he Cit Planner or desi nee. Administration and Enforcerne his article will be administered and enforced by the Parks-Department and the City Planner or desi nee. Ji. Administration The role of the Parks Department is to: Ti. Provide technical advice to the City Planner or designee regarding trees.; 'i. Provide technical advice regarding protected trees and tree replacement plans to th Planning and Zoning Commission through the plat review process- 5'6pprove or disapprove of the removal of rotected trees unrelated to the siteubdivisionprocesses; anReview and recommend updates to this tree protection and preservation.ordinance. b. The role of the City Planner or designee is to approve or disapprove protected trees to b ..,reserved„ removed, or replaced as part of the-site plan and subdivision processf The role of the Planning and Zoning Commission is to approve or disapprove protected tree o be preserved., removed or replaced as art of the subdivision processF Enforcement Inspections. h e Parks Department; City Planner or Code Enforcement are hereby authorized to mak inspections and take such actions as may be required to enforce the revisions of thio Powers andduties he Parks Department, City Planner and/or Code Enforcement shall have the followin - owers: . To enforce the provisions of this article file complaints in municipal court a sins ersons who violate any of its provisions To enter any premises for the purpose of inspecting the trees provided for in the tre urveys and tree replacement plans;the protection of trees on the site; the trees bein )nstalled; the trees being removed or to perform official duties. iii. To ensure compliance with this article where a tree re acement an has bee ubmitted and approved. V. To issue a stop work order to a person to cease performing any work bein don ithout a re uisite ermit or otherwise in violation of this article. Faulty work If the installation of replacement trees are found to be of substandard quality, ,incorrectly or defectively installed or found not to be installed in accordance with th tree replacement plan, the Parks Department or Code Enforcement, as appropriate„ hall notify the owner in writing of all the changes that need to be made in order for th ork to conform with the tree replacement plan and the provisions of this article. i. If the Parks Department or Code Enforcement, as appropriate, finds that the protect e ��trees on the site were damaged due to construction during the subdivision or site pla process; the Parks Department or Code Enforcement, as appropriate, shall notify th wner in writing identifying the damaged trees and the owner shall replace th amaged trees in accordance with Section E ii. Asubdivision plat shall not be recorded, a certificate of occupancy shall not be issued, r fiscal security shall not be released until the Parks Department or Cod Enforcement,as appropriate, re-inspects the site and finds that the changes requeste "have been completed correctly and in accordance with the tree replacement plan an he provisions of this article or the fiscal securityosted is aid into the tree fund . Final inspection. Upon the completion of all the installation of trees, the owner shall notify the Cit ;Planner or designee; as appropriate, that the work is ready for final inspection If faulty work or substandard plant material is found, the owner shall be notified of th necessary changes to be done in accordance with article. If such work is found to b orrectly installed and in accordance with the tree replacement plan, the Park rDepartment or Code.Enforcement, as appropriate, shall provide written notification t the appropriate City Planner or designee that the owner has met the requirements o his article Exce tions 1. During the period of an emergency, such as a tornado, storm, flood or other natural disaster, th requirements of this article may be waived as deemed necessary by the emergency managemen oordinator or other designee of the city manager. In addition to rights granted by easement, utili ervice providers, lawfully within the right-of-way, may remove trees during the period of a mergency that are determined_by the provider to be a danger to public safety and welfare b interfering with utility service. The City shall have the right to plant, prune, remove and maintain any protected tree located on fight-of-way, easement, public parkland or any other city-owned property as may be necessary t nsure public safety. The City may remove or cause or order to be removed any protected tree o part thereof which is in an unsafe condition, or which by reason of its nature or locatio unreasonably interferes with the construction, maintenance or replacement of wastewater lines, ater lines, drainage facilities; streets or other public improvements. Before removing a champio r heritage tree for any of the reasons provided above, a city department shall consult with th Parks Department and/or Code Enforcement, as appropriate, to determine whether a champio r heritage tree may. be removed with the final decision 'being made by the City Mana er o esi nee. �L. Viol_ations Violations of this article shall be punishable by a fine as provided in the Code of Ordinances, an each protected tree that is unlawfully removed or damaged shall constitute a separate offense. Criminal prosecution shall not preclude civil action by the City to recover for the damage or loss o- the tree and the city attorney is hereby authorized without further authorization from the City ouncil, to institute and prosecute a lawsuit against,ainst any person who unlawful) removes o aura es a protected tree to recover the reasonable value of the tree. M._ Appeals] 1. Denial of,protected tree'removal ermit. If an application for a protected tree removal permit is denied; the applicant may appeal such actio o the Zoning Board of Adjustment by filing written notice of such appeal with the City Planner o designee within ten days of notice of the denial of the application by the Parks Department or Cod Enforcements as appropriate. The Board shall have 4.5 days from the date of the appeal to revie said denial. The Board may affirm or reverse the determination of the Parks Department or Cod Enforcement.. If the board fails to act within 45 days,the appeal shall be automatically ranted, andl protected tree removal permit issued Denial of tree removal request through the subdivision rocess. f a protected tree removal request is denied, the applicant may appeal such action to the Ci Council by filing written notice of such appeal with the City Planner or designee within ten days o otice of the denial of the application by the Planning and Zoning Commission. The City Counci hall have 30 days from the date of the appeal to review said denial. The City Council may affirrr r reverse the determination of the planning and zoning commission. If the City Council fails to ac . ithin 30 davs, the appeal shall be automatically ranted and,a protected tree removal re ues roved. . Denial of tree removal request through the site development or subdivision improvemen ermlt process: if a protected tree removal request is denied, the applicant may appeal such action to the Zonin oard of Adjustment by filing written notice of such appeal with the City Planner or designee withi en days of notice of the denial of the application by the City Planner or designee. The Board shai . ave 45 days from the date of the appeal to review said denial. The Board may affirm or revers he determination of the City Planner or designee. If the Board fails to act within 45 days,the appeal hall be automatically ranted and a protected tree removal re uest a roved. N. Tree Fun 1. The tree fund shall consist of fees generated as a result of tree replacement re uirements as wel s eneraI donations for public tree plantingsF. Establishment of fund. tree fund is hereby established. Funds to be deposited. ree replacement fees for the installation of replacement trees, as provided for in Section E, hall be deposited in the tree fund Use of funds. Expenditures from the tree fund shall be used solely for purchasing and installing trees an ssociated irrigation on public rights-of-wa ublic ark land.or an other ci -owned rope ert and for administering the tree fund.