HomeMy Public PortalAboutOrdinance No. 957-03 05-13-2003 ORDINANCE NO. 957-03
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
ENACTING CHAPTER 48 OF THE CITY CODE ESTABLISHING
CERTAIN LANDSCAPING REQUIREMENTS FOR COMMERCIAL,
INDUSTRIAL AND MULTI-FAMILY RESIDENTIAL DEVELOPMENT;
AMENDING CHAPTER 90 OF THE CITY CODE TO INCORPORATE
SUCH PROVISIONS, PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR
PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, the City Council has determined that the establishment of requirements for
landscaping requirements for commercial, industrial and mu1_ti-family residential properties would
enhance the public welfare; preserve, protect and enhance the ecological and aesthetic qualities of
the City; improve the quality of life for residential and corporate citizens; improve the visual
appearance of the City; protect and increase public and private property values, thereby encouraging
new developmentand re-development within the City; promote quality development and protect the
City from uncontrolled development; and protect residential land use from corninercial and industrial
land uses;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
SECTION 1.
AMENDMENT OF SECTION 90-6 OF CHAPTER 90 TO REFER TO CHAPTER 48
Section 90-6 of Article II of Chapter 14 of the Richland Hills City Code is hereby amended
to provide as follows:
Building permits and certificates of occupancy shall be issued in accordance with
applicable building codes and the Richland Hills City Code and other ordinances of
the City.
SECTION 2.
AMENDMENT OF ARTICLE VIII OF CHAPTER 90 TO REFF,R TO CHAPTER 48
Subsection 90-233(5), Subsection 90-234(4), 90-235(4), 90-236(11), 90-237(1), 90-238(11),
and 90-239(11), of Article VIII, Division of Chapter 90 of the Richland Hills City Code are
hereby amended to provide as follows:
• Landscaping. Landscaping requirements for this zoning district shall be governed
by Chapter 48 of the City Code, "Landscaping."
SECTION 3.
INCORPORATION OF CHAPTER 48 REQUIREMENTS
ON I-2 HEAVY INDUSTRIAL DISTRICT REGULATIONS
Section 90-240 of Article VIII, Division 2, of Chapter 90 of the Richland Hills City Code
is hereby amended by the addition of a new subsection (8), which shall provide as follows:
Landscaping. Landscaping requirements for this zoning district shall be governed
by Chapter 48 of the City Code, "Landscaping."
SECTION 4.
AMENDMENT OF SECTION 90-293 OF CHAPTER 90 TO REFER TO CHAPTER 48
Subsection 90-293 of Article IX, Division 4, of Chapter 90 of the Richland Hills City Code
is hereby amended to provide as follows:
(a) Where a use in an industrial zoning district (including I-1 Light Industrial and
I-2 Heavy Industrial), commercial zoning district (including C-1 Restricted
Commercial and C-2 General Commercial), or multi-family zoning district
(including R-3 Multi-Family Residential Low Density and R-4 Multi-Family
Residential High Density), is adj acent to asingle-family ortwo-family residential lot,
use or district (specifically, R-1LSingle-Family Residential Large Lot, R-1 Single
Family Residential, R-2 Two-Family Residential, or MH Manufactured Home), the
owner of the industrial, commercial ormulti-family property shall be subject to the
following regulations:
(1) the owner of the subj ect property shall construct a decorative masonry
wall not less than six feet in height on the subject property as close to
the property line as is feasible, provided that such screening fence
shall be located outside of any public easement or right of way, so as
to not interfere with the installation or maintenance of any public
utility line, roadway, service or drainageway located within or to be
located within such public easement or right of way. Such fence shall
extend the entire length of the property lines and the sight lines
between the subject property and the single-family or two-family
residential property, so as to obscure the view from the single-family
or two-family residential property of the subject property (provided
such fence shall not extend into any visibility triangle required by
Chapter 48).
(2) When the properties are separated by a street or alley, and an
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• automobile parking lot or parking area is located in the front yard of
the subject property, then the owner of the subject property shall
construct a decorative masonry wall not less than 31/2 feet in height,
on the subject property as close to the property line as is feasible,
provided that such screening fence shall be located outside of any
public easement or right of way, so as to not interfere with the
installation or maintenance of any public utility line, roadway, service
or drainageway located within or to be located within such public
easement or right of way. Such fence shall extend the entire length
of such automobile parking lot or parking area along the property
lines and the sight lines between the subject property and the single-
family or two-family residential property, so as to obscure the view
from the single-family or two-family residential property of such
automobile parking lot or parking area the subj ect property (provided
such fence shall not extend into any visibility triangle required by
Chapter 48).
(3) Garbage, refuse and trash collection/storage must be screened around
all sides exposed to view from the adjacent single-family or two-
family residential property or a public street to a height that will
screen such garbage, refuse and trash from view.
(b) In all districts where open storage is permitted and the screening thereof is
• required, such screening shall be provided around all sides exposed to view from
adjacent property or a public street to not less than six feet in height.
(c) Off-street loading areas shall be screened from view of any property in a
residential zoning district (specifically, R-1LSfngle-Family Residential Large Lot,
R-1 Single Family Residential, R-2 Two-Family Residential, R-3 Multi-Family
Residential Low Density and R-4 Multi-Family Residential High Density, or MH
Manufactured Home) to not less than six feet in height.
(d) Any screening element or wall which is required by this section to be
comprised, in whole or in part, of brick, masonry, concrete, solid metal, or other
permanent material shall be erected on the nonresidential use property, outside of any
public easement or right of way, so as to not interfere with the installation or
maintenance of any public utility line, roadway, service or drainageway located
within or to be located within such public easement or right of way. Any screening
element or wall required by this section which is to be comprised entirely of wood
maybe located in a public easement or right of way only if the property owner first
obtains written permission from the Administrative Official based upon a
determination by the Administrative Official that erection of such wooden screening
element or wall will not unreasonably interfere with the installation or maintenance
of any public utility line, roadway, service or drainageway.
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• (e) All required screening elements shall be permanently maintained by the
nonresidential property owner.
(f) Fences constructed of razor wire or concertina wire are prohibited.
(g) For purposes of this section, a nonresidential use is deemed to "adjacent to"
another lot, use or district when either the nonresidential use property, as platted,
shares a common boundary line or point with a residential lot, use or district, or when
the nonresidential use property, as platted, is separated from a residential lot, use or
district by a public easement, right of way, alley or street, and such public easement,
right of way, alley or street is no more than 40 feet in width.
(h) PUD Planned Unit Development Districts are not subject to the requirements
of this section, and are instead governed by the regulations and provisions of the
ordinance enacting and creating each such district.
(i) To the extent, if any, that Chapter 48 imposes greater or more most stringent
requirements upon a property owner, including but not limited to a requirements for
a bufferyard, the greater or more most stringent requirement 90 apply.
SECTION 5.
ENACTMENT OF CHAPTER 48 OF THE CITY CODE, ENTITLED "LANDSCAPING"
• The Richland Hills City Code is hereby amended by the addition of Chapter 48, to be entitled
"Landscaping," which Chapter shall provide as follows:
TABLE OF CONTENTS
Page
CHAPTER 48 -LANDSCAPING 1
Sec. 48-1. Purposes ...................................................1
Sec. 48-2. Definitions ..................................................1
Abut ......................................................1
Adjacent ...................................................1
Annual plantings ............................................1
Base Line Square Footage Requirement 1
Berm ............................................................2
Buffer Yard ......................................................2
Caliper ..........................................................2
Critical Root Zone .................................................2
Colored Concrete 2
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• Curb ............................................................2
Decorative Concrete Pavers • 2
Development .....................................................2
Dripline .........................................................2
Drip Irrigation ....................................................2
Existing Tree .....................................................2
Expansion ........................................................2
Grass Crete Pavers 3
Landscape Administrator 3
Native Plant Material 3
Parkway .........................................................3
Patterned Concrete 3
Preserved Tree ....................................................3
Private Drive .....................................................3
Private Street .....................................................3
Re-Development ..................................................3
ROW ...........................................................3
Screen ...........................................................3
Screening Hedge ..................................................3
Solid Screening Fence ..............................................3
Turf ............................................................4
Sec. 48-3. Applicability of Chapter 4
• Applicability to Zoning Districts 4
Sec. 48-4. Standard Landscape Requirements 4
Landscape Setback Requirements 4
Parking Lot Landscape Requirements 4
Bufferyards ......................................................5
When a Bufferyard is Required 5
Specific Bufferyard Requirements 6
General Bufferyard Requirements 6
Requirements for Bufferyards May Not Be Applied to Other Requirements 7
Screening Standards for Waste Receptacles and Loading Docks 7
Dumpster /Waste Receptacle Screening Requirements 7
Loading Docks, Truck Berths and Storage Areas 7
Species Diversity Requirements 8
Turf and Irrigation of the Parkway 8
Maintenance Requirements 8
Sec. 48-5. Plant Material Requirements 8
Approved Plant Species List 8
Prohibited Plant Species List 10
Plant Material Size Standards 11
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• Plant Material Spacing Standards 11
Sec. 48-6. Alternate Landscape Requirements . 12
Purpose and Limitations 12
Base line square footage requirement 12
Alternate Landscape Requirement Selection List 12
Additional Street Tree Plantings 12
Additional Site Tree Plantings 12
Additional Screen Shrub Plantings 12
Additional Planting Beds 13
Existing Tree Preservation 13
Eligibility for Credit Reduction 13
Credit Reduction .................................................14
Native Tree and Shrub Planting Selections 15
Automated Drip Irrigation System 15
Specialty Paving Requirements 15
Sec. 48-7. Irrigation Requirements 16
Installation Requirements and Standards 16
Maintenance Requirements 16
Sec. 48-8. Restrictions Against Impairing Visability 16
Prohibition against Obstructing Visibility of Traffic 16
• Visibility Triangles 16
Intersection of Two Streets 16
Intersection of Public Street and Private Drive 17
Height restriction in Parkways . 17
Exceptions ......................................................17
Sec. 48-9. Certification of Completion 17
Compliance Necessary for Certificate of Occupancy 17
Extensions of Time 18
Sec. 48-10. Plan Submittal Requirements 18
Landscape Plan Requirements 18
Irrigation Plan Requirements 23
CHAPTER 48 -LANDSCAPING
Sec. 48-1. Purposes.
The purposes of this ordinance are to:
(1) preserve, protect and enhance the ecological and aesthetic qualities of the
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• City;
(2) improve the quality of life for residential and corporate citizens;
(3) improve the visual appearance of the City;
(4) protect and increase property values there by encouraging new development
and re-development within the City;
(5) promote quality development and protect the City from uncontrolled
development;
(6) protect residential land use from commercial and industrial land uses.
(7) allow for flexibility and encourage innovation and variety in landscape design
within the City; and
(8) encourage the preservation of existing trees, promote the use of Texas native
plant species, encourage the use of perennial color and encourage water
conservation principles.
Sec. 48-2. Definitions.
• The definitions used in Chapter 90 of the City Code shall apply to this
Chapter, except to the extent that a different definition is provided herein. The
following words, terms and phrases, when used in this Chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates
a different meaning:
Abut means to share a common boundary line or point.
Adjacent means to share a common boundary line or point or to be separated
only by a public easement, right of way, alley or street of no more than 40 feet in
width.
Annual plantings means bedding plants that bloom and flower with intense
color, and which are intended to be changed out a minimum of twice a year based on
seasonal requirements.
Base Line Square Footage Requirement means the amount of square footage
of required landscape set back area based on the total linear footage ofstreetright-of-
way multiplied by the required depth of 30 feet.
Berm means an earth form mound with a gently sloping side that does not
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• exceed 1 foot of elevation rise to 3 feet of horizontal distance.
Buffer Yard means a zone of green space intended to provide a measure of
separation between uses.
Caliper means the average diameter measurement of the trunk of a tree.
Caliper is to be measured at 6 inches above grade when a caliper of 4 inches or
smaller is required, at 12 inches above grade when a caliper between 4 inches and
12 inches is required, and measured at full breast height (4-1/2 feet) when a caliper
larger than 12 inches is required.
Critical Root Zone means 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 dripline.
Colored Concrete means concrete that has been cast in place with apre-cure
or post-cure color agent added to form a permanent pigment hue on all exposed
surfaces.
Curb means a continuous vertical element with a minimum of 5 inches in
total height above the surface of a street or roadway abutting the property,
structurally capable of stopping a vehicle's wheel.
• Decorative Concrete Pavers means unitized pre-cast colored concrete unit
intended to interlock to form a continuous paving surface capable of supporting
motor vehicles.
Development means the physical alteration of land by humans. This includes:
subdivision of land; construction or alteration of structures, streets, walkways,
utilities and other facilities; installation of septic systems; grading; deposit of refuse,
debris, or fill materials; and clearing of natural vegetation cover (with the exception
of agriculture activities). Development does not include routine repair and
maintenance activities.
Dripline means a vertical line run from the outermost portion of a tree and
extending to the ground forming a circular zone.
Drip Irrigation means a system of emitters designed to deliver irrigation
water to the root zone of plant material without broadcasting over the top of the plant
material.
Existing Tree means a tree that exists on a development site prior to the
construction of proposed improvements.
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• Expansion means any construction activity that results in an increase in the
floor or roof area of the structures on a property.
Grass Crete Pavers means unitized or cast-in-place paving systems of open
paving capable of supporting the weight of a vehicle and allowing vegetation to grow
and thrive on a minimum of 50% of the total surface area.
Landscape Administrator means an individual or committee designated by
the City Council of Richland Hills, Texas charged with administering this Chapter.
Native Plant Material means plant materials as listed in the current issue of
the Texas Native Tree and Plant Directory produced by the Texas Department of
Agriculture.
New Development means any development on land that does not then have
any useable buildings in place upon it, or construction on the land of buildings and
structures that are intended to be used as the primary buildings and structures on the
land.
Parkway means that portion of the public right-of--way lying between the
edge of the pavement or curb and the private property line.
Patterned Concrete means cast in place concrete paving that has a decorative
. texture or pattern imprinted prior to the initial set of the concrete slurry.
Preserved Tree means a tree that is existing on a site prior to development
and remaining on site after the development is complete.
Private Drive means a privately owned driveway designed for vehicular
access to a single- tenant or single-user property, whether industrial, commercial or
residential..
Private Street means a privately owned driveway or street designed for
vehicular access to amulti-tenant or multi-user property, whether industrial,
commercial or residential.
Re-Development means any activity that results in an increase oftwenty-five
percent (25%) or more in the total square footage of the structures on the property,
whether by expansion of existing structures or construction of new structures, and
regardless of whether such increase occurs in different stages or phases.
ROW means Right- of-Way
Screen means an opaque form capable of preventing visibility beyond.
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• Screening Hedge means an evergreen planting mass of living vegetation with
sufficient density to prevent visibility through or beyond th Hedge.
Solid Screening Fence means a sound structural system of decorative
masonry design acceptable to the Landscape Administrator and complying with all
City codes, including any building and zoning codes.
Turf means a continuous solid dense planting of grassy vegetation suitable
for supporting infrequent pedestrian access without damage.
Sec. 48-3. Applicability of Chapter.
Applicability to Zoning Districts. This Chapter shall apply to both new
development and re-development in all zoning districts within the city of Richland
Hills with the exception of R-1L, single-family residential large lot; R-1, single
family residential; and PUD, planned unit development districts.
Sec. 48-4. Standard Landscape Requirements.
(a) Landscape Setback Requirements. A landscape setback shall be provided
along all property lines that abut a public ROW, which setback shall be a minimum
depth of thirty feet, provided that such minimum may be reduced as provided in
• Section 48-6 based upon application of the "base line square footage requirement."
Regardless of the application of the provisions of Section 48-6, however, under no
circumstances may the minimum amount of required landscape setback be reduced
below a 10 feet minimum depth.
(1) Plantings shall be provided within this setback based on the total
linear footage of ROW. Layout and spacing standards for such
plantings are provided in Section 48-5.
(2) Paving within the setback is prohibited except for drive entrance
approaches, which approaches shall be perpendicular to the property
line.
(3) Required plantings shall meet the following minimum requirements:
a. A minimum of one tree of a minimum caliper size of 3 inches
shall be planted per each 50 linear feet of ROW frontage or
portion thereof.
b. A minimum of ten shrubs of a minimum size of 5 gallon shall
be planted per 50 linear feet of ROW frontage or portion
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• thereof.
(b) Parking Lot Landscape Requirements. On any property containing twenty
(20) parking spaces or more, a minimum of one (1) island shall be provided for each
20 parking spaces or portion thereof. Such islands shall meet all of the following
criteria:
(1) All required planting islands shall be a minimum of 150 square feet
of contiguous area measured from back of curb to back of curb;
(2) All required planting islands shall be protected from vehicular
intrusion by means of a permanently installed concrete curbing; and
(3) Each required parking lot island shall include a minimum of one 3
inch caliper tree and 100% coverage of living plant material
composed of any combination of shrubs, ground cover, perennials,
annuals or turf.
(c) Bufferyards.
(1) When a Bufferyard is Required. A bufferyard shall be provided on
property that abuts property in a different zoning district to the extent,
if any, such is required as provided in Table # 1:
•
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• Bufferyard Table #1
Zoning of Adjacent Property
C MF R
Zoning of I NONE A B C
Subject C NONE NONE A B
Property MF NONE A NONE A
R NONE NONE NONE NONE
The letter designation in Table
#1 "I" includes all Industrial zoning districts as defined in Chapter 90 (currently I-1 Light Industrial
and I-2 Heavy Industrial), the letter designation in Table #1 "C" includes all Commercial zoning
districts as defined in Chapter 90 (currently C-1 Restricted Commercial and C-2 General
Commercial), the letter designation in Table #1 "MF" includes all multi-family residential districts
as defined in Chapter 90 (currently R-3 Multi-Family Residential Low Density and R-4 Multi-
Family Residential High Density), and the letter designation in Table #1 "R" includes all single-
family and two-family residential zoning districts as defined in Chapter 90 (currently R-1L Single
Family Residential Large Lot, R-1 Single Family Residential, R-2 Two-Family Residential, and MH
Manufactured Home). No bufferyards are required for property abutting PUD zoning districts, and
PUD zoning districts are not required to provide bufferyards unless and to the extent provided in the
ordinance enacting and approving that particular PUD. The requirements for a bufferyard as
provided herein are in addition to, but do not supersede, the requirements for erection of a screening
• fence provided in Chapter 90. It is the intent of this section and Chapter 90 that the most stringent
requirement apply.
(2) Specific Bufferyard Requirements.
a. All required bufferyards designated as "A" in Table #1 shall
have a minimum depth of 10 feet, and shall have planted in it
one tree of 3 inch or greater caliper per 300 square feet of
Bufferyard, or portion thereof.
b. All required bufferyards designated as "B" in Table #1 shall
have a minimum depth of 20 feet, shall have planted in it one
tree of 3 inch or greater caliper per 300 square feet of
Bufferyard, or portion thereof, and shall contain a solid
screening fence of six feet in height on the subject property
along the entire length of the bufferyard (provided such fence
shall not extend into any visibility triangle required by this
Chapter), and shall be located as close to the property line as
feasible, provided that such screening fence shall be located
outside of any public easement or right of way, so as to not
interfere with the installation or maintenance of any public
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• utility line, roadway, service or drainageway located within
or to be located within such public easement or right of way.
c. All required bufferyards designated as "C" in Table #1 shall
have a minimum depth of 30 feet, have planted in it one tree
of 3 inch or greater caliper per 300 square feet of Bufferyard,
or portion thereof, and shall contain a solid screening fence of
six feet in height and a screening hedge six feet in height, said
fence and hedge to be located on the subject property along
the entire length of the Bufferyard (provided such fence and
hedge shall not extend into any visibility triangle required by
this Chapter), and shall be located as close to the property line
as feasible, provided that such screening fence shall be
located outside of any public easement or right of way, so as
to not interfere with the installation or maintenance of any
public utility line, roadway, service or drainageway located
within or to be located within such public easement or right
of way. The hedge required herein shall be located inside of
the fence, so as to allow the owner of the subject property
easier access for maintenance of said hedge.
(3) General Bufferyard Requirements. In addition to the requirements
stated in Subsection 48-4(c)(2), each required Bufferyard shall also
• meet the following minimum standards:
a. Bufferyards shall be located along the entire length of the
property line;
b. All required plantings shall be located totally within the
required Bufferyard;
c. Bufferyard areas and plantings may not be reduced by any
alternate landscape requirement items except for Native Tree
and Shrub Planting Selections; and
(4) Requirements for Bufferyards May Not Be Applied to Other
Requirements. Required Bufferyard plantings are in addition to all
other requirements of this Chapter. If a property is required to have
more than one Bufferyard, plantings used to meet the requirements of
one Bufferyard may be counted towards the requirements of any other
required bufferyards.
(d) Screening Standards for Waste Receptacles and Loading Docks.
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• (1) Dumpster /Waste Receptacle Screening Requirements. Each refuse
facility shall be completely screened from view of public streets and
adjacent non-industrial zoned properties by:
a. a solid screening fence required to be erected as part of a
bufferyard required by this Chapter, or
b. A solid screening fence surrounding such refuse facility on
three sides by masonry walls not less than the height of the
bin or container. The opening shall be situated so that the
container is not visible from adjacent properties or public
streets unless the opening is equipped with an opaque gate.
Gates must have tie backs to secure in the open position. If
opaque gates are required, they shall remain closed except for
brief times of required access to or servicing of the receptacle
or dumpster.
c. Applicability to Existing Development. New refuse facilities
placed on existing development shall be screened in
accordance with this Section.
(2) Loading Docks, Truck Berths and Storage Areas. All storage areas
and loading docks not screened by an intervening building shall be
• screened from view from any public street ROW. In addition, storage
and loading areas must be screened from view from any abutting
property when that property requires a transitional buffer as identified
in Table #1 of Section 48-4. Screening shall be of sufficient length
to screen the maximum size trailer which can be accommodated on
the site. Screening shall be accomplished by an opaque screen
consisting of one or a combination of the following:
a. Freestanding walls, wing walls or solid screening fences;
b. Earthen berms in conjunction with trees and other
landscaping; or
c. A screening hedge.
Screening shall be a minimum height of 8 feet to screen truck berths,
loading docks, areas designated for permanent parking or storage of
heavy vehicles and equipment or materials. If a screening hedge is
utilized, it must be of sufficient size and height as to be opaque and
8 feet in height within 18 months of planting.
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• (e) Species Diversity Requirements. No single species of tree shall comprise
more than 50% of the required plantings of trees, and no single species of shrub shall
comprise more than 50% of the required plantings of shrubs.
(f) Turf and Irrigation of the Parkway. The owner of property subject to this
ordinance shall provide and install, turf grass and automated irrigation for 100% of
the area between the property line and the back of the curb of all public roads that
abut the property.
(g) Maintenance Requirements. Landscaping installed as part of the
requirements of this Chapter or other City requirement must be maintained in a
healthy, growing condition at all times. The property owner is responsible for
regular weeding, mowing of grass, irrigating, fertilizing, pruning and other
maintenance of all plantings, including parkways, as needed. Any plant or tree which
is planted as a result of the requirements of this Chapter, or for which the owner is
credited or awarded points under this Chapter, and that dies, must be replaced
immediately with another plant or tree so as to maintain compliance with this
Chapter and the approved landscape plan.
Sec. 48-5. Plant Material Requirements
(a) Approved Plant Species List. The following list of plant material may be
• utilized to satisfy the requirements of this ordinance to tree plantings and for
bufferyard plantings. Shrubs, perennials, ground cover, vines and grasses may be
planted to satisfy the requirements of this ordinance provided that they are not on the
prohibited plant list and are suitable for the climate conditions in this region and the
micro-climate situations that exist on site. Additional plant materials may be
approved to satisfy required plantings at the discretion of the Landscape
Administrator.
Large Trees
Common Name Scientific Name
Afghan Pine Pinus eldarica
Austrian Pine Pinus nigra
Bald Cypress Taxodium distichum
Bigtooth Maple Acer grandidentatum
Blackjack Oak Quercus marilandica
Bur Oak Quercus macrocarpa
Caddo Maple Acer barbatum
Cedar Elm Ulmus crassifolia
Chinese Pistache Pistacia chinensis
Chinquapin Oak Quercus muhlenbergii
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Chitalpa Chilopsis x catalpa
• Durand Oak Quercus sinuate
Eastern Red Cedar Juniperus virginiana
Ginkgo Gingko biloba
Japanese Black Pine Pinus thunbergii
Lacebark Elm Ulmus parvifolia sempervirens
Live Oak Quercus virginiana
Loblolly Pine Pinus Taeda
Pecan Carya illnoinensis
Post Oak Quercus stellata
Red Maple Acer rubrum
Shumard Oak Quercus shumardii
Texas Ash Fraxinus texensis
Texas Red Oak Quercus texana
Trident Maple Acer buergerianum
Western Soapberry Sapindus drummondii
Small Understory and Ornamental Trees
Common Name Botanical Name
Aristocrat Pear Pyrus calleryana
• Crape Myrtle Lagerstroemia
Desert Willow Chilopsis linearis
Eves Necklace Sphora affinis
Foster Holly Ilex x attenuata
Goldenrain Tree Koelreuteria paniculata
Japanese Maple Acer palmatum
Lacey Oak Quercus glaucoides
Mexican Buckeye Ungnadia speciosa
Mexican Plum Prunus mexicana
Mountain Cedar Juniperus ashei
Nellie R. Stevens Ilex x ?VRS'
Possumhaw Holly Ilex deciduas
Mexican Redbud Cercis mexicana
Rusty Blackhaw Viburnm Viburnam rufidulum
Saucer Magnolia 1llagnolia soulangiana
Savannah Holly Ilex opaca
Sweetgum Liquidarnbar styrdciflua
Texas Redbud Cercis texensis
Texas Persimmon Diospyros texana
Washington Hawthorn Crataegus phaenopyrum
Wax Myrtle Myrica cerifera
Yaupon Holly Ilex vornitoria
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• Bufferyard and Screen Shrub List
Common Name Botanical Name
Afghan Pine Pinus eldarica
Austrian Pine Pinus nigra
Burford Holly Ilex cornuta `Burfordii "
Eastern Red Cedar Juniperus virginiana
Eleagnus Flaeagnus ntacrophylla
Foster Holly Ilex x attenuata
Mountain Cedar Juniper-z~s ashei
Nandina Nundina domestica
Nellie R. Stevens Ilex .r `NRS'
Savannah Holly Ilex opuca
Yaupon Holly Ilex vomitoria
Wax Myrtle Myrica cerifera
(b) Prohibited Plant Species List. The following list of plant materials will not
count towards required plantings nor may they be utilized as Alternate Landscape
Requirement plantings. Their use in additional plantings over and above the city
requirements is not, however, regulated or prohibited.
Trees
Common Name Scientific Name
Arizona Ash Fraxinus velutirza "Arizonia"
Bois D'arc Mucluru pomifera
Box Elder
Cottonwood Populus deltoides
Hackberry Celtis occidentalis
Siberian Elm Ulmus pumila
Silver Maple Acer saccharinum
Sycamore Plantancrs occidentalis
Mimosa Albizziu julibrissen
Mulberry Morus alba
Lombardy Poplar Populus nigra italica
Chinese Tallow Sapium sebiferum
Arborvitae Thuja occidentalis
Weeping Willow Salix habylonica
Purple Plum
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. Shrubs
Common Name Scientific Name
Euonymus Euonymus japonicus
Ligustrum Ligustrum japonicum
Pittosporum Pittosporum tobbira
Loquat Eriobotrya japonica
Oleander Nerium oleander
Cleyera Ternstroemia gymnanthera
(c) Plant Material Size Standards. All plant materials shall be Nursery Grown
or field collected, and shall conform to the standards set forth by the following:
(1) American Joint Committee of Horticultural Nomenclature -
Standardized Plant Names, Second Edition, 1942; or
(2) American Association ofNurserymen: American Standard ofNursery
Stock, 1973.
(d) Plant Material Spacing Standards.
• (1) Shade trees shall be spaced between 12 feet and 60 feet on center.
(2) Ornamental trees shall be spaced between 5 feet and 30 feet on center.
(3) Screening shrubs shall be spaced between 30 inches and 60 inches on center.
(4) All other plant materials shall be spaced based on normal and
customary spacing standards for the landscape and nursery industry
to provide 100% coverage of mass plantings within 24 months of the
planting date.
Sec. 48-6. Alternate Landscape Requirements.
(a) Purpose and Limitations. This Section is included to permit the use of certain
optional items that can be utilized to foster flexibility and variety in compliant
landscape designs, and obtain credits or reductions in some of the other requirements
of this Chapter, to the extent expressly authorized.in this Section.
(b) Base line square footage requirement. The required landscape setback
provided in Section 48-4 may be reduced as allowed herein, subject to the limitations
contained in this Section or in Section 48-4, provided the owner meets the "base line
square footage requirement" The "base line square footage requirement" means the
ORDINANCE ENACTING CHAP'T'ER 48 OF THE CITY CODE, EN'17TLED 4°Ll~~D5CAPlhG" Page 1K
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• depth of the minimum landscape setback as provided in Section 48-4 above,
multiplied by the total linear footage of ROW frontage, with adjustments for any
credits provided in this Section for installation of one or more of the items from the
list of alternate landscape requirements listed in this section. Reduction credits shall
be allowed only for items installed over and above the Standard Landscape
Requirements provided in this Chapter. Any and all combinations of alternate
landscape requirements items may be utilized, subj ect to the limitations contained in
this Section and in Section 48-4.
(c) Alternute Landscape Requirement Selection List.
(1) Additional Street Tree Plantings.
a. A 100 square foot reduction from the base line square footage
requirement maybe earned for each additional 3 inch caliper
shade tree planted within 30 feet of a public street ROW that
abuts the property.
b. A 25 square foot reduction from the base line square footage
requirement may be earned for each additional ornamental
tree of at least 5 feet in height planted within 30 feet of a
public street ROW that abuts the property.
(2) Additional Site Tree Plantings.
a. A 75 square foot reduction from the base line square footage
requirements may be earned for planting each additional 3
inch caliper shade tree planted more than 30 feet from the a
public street ROW that abuts the property, but which is
visible from the ROW.
b. A 25 square foot reduction from the base line square footage
requirement may be earned for planting each additional
ornamental tree of more than 5 feet in height planted more
than 30 feet from a public street ROW that abuts the property,
but which is visible from the ROW.
(3) Additional Screen Shrub Plantings. A 10 square feet reduction from
the base line square footage requirements may be earned for each
additional 5-gal evergreen screen shrub planted in a required
bufferyard.
(4) Additional Planting Beds. A 2 square feet reduction from the base
line square footage requirement may be earned for each square foot
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• of planting bed 100% planted with healthy plants which are either on
the approved species list provided in Section 48-5(a) or are approved
by the Landscape Administrator, visible from the public ROW.
These beds may contain any combination of shrubs, groundcovers,
perennials or annuals.
(5) Existing Tree Preservation. A credit may be earned for trees that are
existing on site prior to development as provided herein:
a. Eligibility for Credit Reduction. In order for an existing tree
to qualify for a credit, the tree must meet all of the following
criteria:
1. Must have an 8 inch caliper or larger;
2. Must be in good health as determined by the
Landscape Administrator and in form acceptable to
the Landscape Administrator; and
3. Must be one of the following species:
Shade Trees
• Common Name Scientific Name
American Elm Ulmus americans
Bald Cypress T
axoditttn distichum
Bigelow Oak Quercus sinuata
Black Hickory Carva texanu
Black Oak Quercus velutina
Black Walnut .Juglan.s nigrct
Blackjack Oak Quercus marilandica
Bur Oak Quercus macrocarpa
Cedar Elm Ulmus crassifolia
Chinquapin Oak Quercus muehlenbergi
Eastern Red Cedar Juniperus virginiana
Eve's Necklace Sophora affinis
Green Ash Fraxinus pennsylvanica
Gum Bumelia Bumelia laftuginosa
Lacy Oak Ouercus glaucoides
Live Oak Quercus fitsif'ormis
Mesquite Prosopis glandulosa
Pecan Carya Illinoensis
Post Oak Querctcs stellrrtct
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• Red Mulberry Morus rubs
Rusty Blackhaw Viburnum rufidulum
Shumard Red Oak Quercus shumardi
Texas Ash Fraxinus texensis
Texas Oak Quercus texana
Texas Walnut Juglans microcarpa
Western Soapberry Sapindus drummondi
White Ash Fraxinus americana
Winged Elm Ulmus alata
4. A minimum of 75% of the critical root zone area shall
be maintained in an undisturbed and natural
condition;
5. Site grading operations shall not create a pooling of
water within the critical root zone; and
6. For any existing tree being claimed for a preservation
credit reduction, the following protective measures
shall be taken prior to the commencement of other on-
site construction activites:
(i) Tree Flagging: All trees to be preserved shall
• be flagged by the developer with brightly
colored vinyl tape wrapped around the main
trunk at a height of approximately 4 feet or
more above grade such that the tape is visible
to workers on foot or driving equipment.
(ii) Protective Fencing: All preserved trees
remaining on-site shall have protective
fencing, installed at the expense of the
developer, located approximately at the tree's
drip line. The protective fencing may be
comprised of brightly colored vinyl
construction fencing, chain link fencing or
other similar fencing approximately 4 feet in
height. In instances where the Landscape
Administrator determines protective fencing is
not practical, the trunk of the preserved tree
shall be protected by enclosing the entire
circumference with lumber encircled with
wire or other stabilizing means which does not
damage the tree.
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• b. Credit Reduction. Assuming the above-listed criteria is met,
for each existing tree saved, credit will be awarded as follows:
1. 125 square foot may be reduced from the base line
square footage requirement for each 1 inch of caliper
of an existing eligible tree;
2. In addition, if the entire trunk of an eligible existing
tree is located inside of a required bufferyard, credit
may be awarded for a required bufferyard tree, but
only on a 1 tree to 1 tree basis, regardless of the size
of the existing tree.
(6) Native Tree and Shrub Planting Selections. In order to encourage the
use of native materials, credit shall be awarded for planting Texas
Native plant materials as listed in the current issue of the Texas
Native Tree and Plant Directory produced by the Texas Department
of Agriculture. The credit awarded under this subsection is in
addition to any other credits allowed in this Section. The credit
awarded shall be as follows:
a. A reduction of 50 square foot from the base line square
• footage requirements for each 3 inch caliper Native Shade
Tree planted;
b. A reduction of ~0 square foot from the base line square
footage requirements for each Native Ornamental Tree of at
least five feet in height planted;
c. A reduction of 10 square foot from the base line square
footage requirements for each Native plant of at least 5
gallons in size planted; and
d. A reduction of 2 square foot from the base line square footage
requirements for each Native plant of at least 1 gallon but less
than 5 gallon in size planted.
(7) Automated Drip Irrigation System. Credit shall be awarded for
installing an automated irrigation system that utilizes 100% drip
technology for 100% of the required green space on the property. A
reduction of 1 square foot from the base line square footage
requirements shall be awarded for each square foot of planting area
receiving drip irrigation.
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• (8) Specialty Paving Requirements. Credit shall be awarded for
installing accent or specialty paving as part of the overall vehicular
and pedestrian access system. A reduction of 1 square foot from the
base line square footage requirements will be awarded for the total
square footage of any of the following specialty paving, alone or in
combination, installed on the property:
a. Decorative Concrete Pavers;
b. Grass Crete Pavers;
c.. Colored Concrete; or
d. Patterned Concrete.
Sec. 48-7. Irrigation Requirements.
(a) Installation Requirements and Standards. All plantings required by this
Chapter shall be irrigated with an underground automated irrigation system, provided
that hose bibs may be used in landscape areas not required by this Chapter or on
commercial developments whose total lot area is one-half acre or less in size, and
placed so that any portion of the landscaped area can be reached with a fifty foot
(50') hose. Each irrigatiol system required hereunder shall conform to all standards
and regulations set forth in this Chapter and any other standards and regulations
established by the City of Richland Hills, the TCEQ (Texas Commission on
Environmental Quality) and the current National Plumbing Cody, and shall also meet
the following requirements anal standards:
(1) The system shall be capable of providing the proper amount of water
for the particular type of plant material used;
(2) The system shall be equipped with a Rain Sensor switch and a Freeze
Sensor switch set at 3R°F each capable of disabling the system until
favorable conditions fol operation exist; and
(3) Areas of open space which contain preserved trees, need not be
irrigated if the Landscape Administrator determines irrigation would
be harmful to the preserved trees.
(b) Maintenance Requirements. Irrigation systems installed, as part of the
requirements of the landscape standards must be maintained in working condition at
all times. The property owner is responsible for regular monitoring, adjustment and
other maintenance of the system as needed to insure proper operation. Any
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• component or piece of equipment which is installed as a result of the requirements
of this ordinance that is damaged or not functioning within normal parameters must
be adjusted, repaired or replaced immediately with a component that complies with
the approved landscape plan.
Sec. 48-8. Restrictions Against Impairing Visability.
(a) Prohibition against Obstructing Visibility of Traj~c. It shall be unlawful for
any person to plant or allow on any property under his control any hedge, tree, shrub
or other growth or any fence or wall or other structure in such a manner or at such
location as to constitute an obstruction to view creating a traffic hazard. Nothing in
this Chapter shall be construed as permitting any obstruction to view which may
constitute a traffic hazard.
(b) Visibility Triangles. Visibility triangles shall be accommodated in all site
designs based on the following criteria:
(1) Intersection of lino Streets. Two visibility triangles shall be
accommodated and created at each corner of the intersection of 2
public streets or the intersection of a private street and a public street.
One leg of each such triangle shall begin at the property corner
abutting the intersection ROW and continue 60 feet along the
• property line abutting one street ROW, and the other leg of each
triangle shall begin at the prcperty corner abutting the intersection
~tOW and continue 7 feet along the property line abutting the other
street ROW.
(2) Intersection of Plsblic Street and Private Drive. A visibility triangle
shall be accommodated and created at each confer of the intersection
of a public street and a private drive. One leg of such triangle shall
begin at the property corner abutting the intersection. ROW and
continue 60 feet along the property line abutting the street ROW, and
the other leg of each triangle shall begin at the property corner
abutting the intersection and continue 7 feet along the line abutting
the private drive.
It shall be unlawful to set out, maintain or permit or cause to be set out or maintained
any tree, shrub, plant, sign, soil, fence, retainer wall or other view obstruction having
a height greater than 2 feet as measured from the top of the curb of the abutting
streets within any visibility triangle. (This restriction shall not apply to permanent
buildings authorized by the City`s Comprehensive Zoning Ordinance, or to traffic
control signs, traffic controller cabinets, traffic control hardware and equipment,
traffic control fixtures, street signs, traffic control signals, fire hydrants, utility poles
and any other utility-I•elated equipment placed within such area by authority of the
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City Council.)
(c) Height restriction in Parkwuys. It shall be unlawful to set out, maintain or
permit or cause to be set out or maintained any tree, shrub, plant, soil, fence, retainer
wall or other view obstruction within any parkway area which exceeds 2 feet in
height above curb level.
(d) Exceptions. The prohibitions contained in this section shall not apply to
existing trees which are greater than 12 inches in caliper within a parkway area or a
visibility triangle when such trees are trimmed at all times so that no branch or
growth is less than 10 feet above any portion of a City street and 7 feet above curb
level at all other points.
Sec. 48-9. Certification of Completion.
(a) Compliance Necessary for Certificate of Occupancy. A certificate of
occupancy will not be issued until the applicant presents to the City a written
certification that the landscaping and irrigation systems indicated on the approved
landscape plan are complete and operational, provided that a conditional certificate
of occupancy may he issued without such written certification if an extension of time
has been granted by the Landscape Administrator as provided in this Chapter. a On
any lot or tract equal to or greater than .50 acres in size, such written certification
• must be prepared and signed by a landscape architect licensed by the State of Texas,
and must contain the architect`s official State of Texas Seal. On any lot or tract less
than .50 acres in size, such written certification must be prepared and signed by the
applicant or the applicant`s duly authorized representative.
(b) Substitutions and Alterations from Approved Plans. On any lot or tract equal.
to or greater than .50 acres in size, any field substitutions or alterations from the
approved plans shall be described or graphically indicated in this certification or on
attachrrlents, and shall be accompanied by a written statement that in the official
opinion of the landscape architect, "the changes described maintain the compliance
standards of the original approved plan." On any lot or tract less than .50 acres in
size, any field substitutions or alterations from. the approved plans shall be made only
with the written permission of the Landscape Administrator, and shall be described
or graphically indicated in this certification or on attachments, and shall be
accompanied by a written statement that in the applicant`s opinion, "the changes
described maintain the compliance standards of the original approved plan."
(b) Extensions of Time. If the applicant files a written request for an extension
of time, and executes an agreement to complete the landscaping and irrigation
systems indicated on the approved landscape plan within the extended time period,
and an acknowledgment that if a conditional certificate of occupancy is issued, it may
be revoked upon a failure to complete such required improvements, the Landscape
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• Administrator, wi±h approval of the Building Official, may grant one extension of up
to three months for weather or seasonal conditions that, in the judgment of the
Landscape Administrator, warrant a delay of the completion of the approved
landscape plan. This request shall include a written statement that the delay is
warranted for weather or seasonal conditions. The request for extension shall be
signed by the applicant, and shall also be signed by the landscape architect if one is
required pursuant to this Section or if one is utilized, even if not required.
Sec. 48-10. Plan Submittal Requirements.
(a) Landscape P1aeI Requirements. Each applicant must submit a landscape plan
that verifies compliance with this Chapter and that meets the following requirements:
(1) The landscape plan must be prepared by a Landscape Architect
holding a current license in the state of Texas for any lot or tract
which is equal to or greater than .50 acres in size;
(2) Tabulation charts shall be included to quantify the requirements and
document how the candidate is proposing to meet the requirements
of this Chapter; (Refer to Tables # 2 through # 6 for sample
tabulation charts.)
(3) The applicant must furnish 6 copies of blueline or blackline prints;
• (4) The plan must have a scale of 1 inch equals 30 feet or larger (i. e.,
l "equals 20', l "equals 10', etc.) and be on a standard drawing sheet
of a size not to exceed 24 by 36 inches. Any plan, which carmot be
drawn in its entirety on a 24 by 36 inch sheet must be drawn with
appropriate match lines on two or more sheets;
(5) The landscape plan must include the following information:
a. Names, addresses and telephone numbers of both the property
owner and the person preparing the plan;
b. Project name, street address, and lot and block descrYption;
c. Date of preparation, scale, and north arrow;
d. Sheet title;
e. Location of existing boundary lines and dimensions of the lot;
f. Zoning district of the lot, and the zoning district of adjacent
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• properties;
g. A vicinity map shall be attached to or made a part of the plan;
h. Approximate centerlines of existing water courses, the
location of the floodway, and the location of existing and
proposed streets and alleys, utility easements, driveways, and
sidewalks on or abutting the lot;
i. All existing site improvements, including but not limited to
buildings, paving, walls, and fencing;
j. All proposed site improvements, including but not limited to
buildings, paving, walls, and fencing;
k. Location, height and material of proposed. screening and
fencing, with berms to be delineated by 1 foot contours at a
maximum 3/1 slope horizontal over vertical;
1. Locations, dimensions and designation ofproposed landscape
setbacks and transitional buffers;
m. Complete description of plant materials shown on th~~ plan,
• including names (common and scientific), locations,
quantities, container or caliper sizes, heights, spread and
spacing at installation;
n. All existing trees that are to be maintained on the property
with notations listing species and size, in caliper inches;
o. A description of how existing healthy trees proposed to be
retained will be protected from damage during construction;
p. Parking layout and number of parking spaces provided;
q. A desclption of proposed watering methods;
r. Plant. list;
s. Location and dimensions of visibility triangles on the lot;
t. Certification that the plan meets the requirements of the
landscape standards, signed by the applicant, and signed and
sealed by the landscape architect by the landscape architect if
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• one is required pursuant to this Section; and
u. Tabulation charts (sample charts below).
•
Required Landscape Taf~ulations
Length of ROW Required Landscape Setback Base Line Square Footage Requirement
200 Linear Feet 30 feet 6000 Square feet
Street Trees Requirement: 1 tree per 50' of ROW Required Trees Trees rrovided
4 4
Shrubs Requirement: 1U shrubs per 50' of ROW Required Shrub Shrubs Provided
40 40
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• Parking Lot Landscape Tabulations
Total Parking Spaces Requirement: 1 island per 20 Spaces Islands Required Islands Provided
3 3
50 20 Trees Required Trees Provided
3 3
Bufferyard Tabulations
Subject Adjacent Length of Cormton Property Required Bufferyard #
Property Property Line Bufferyard
Zoning Zoning Level
3~J0 feet None
I C 180 feet A 1
R 300 feet C 2
Bufferyard # Totai Length Required Total square # of Screen Evergreen
Width Footage of Required Fence Screen
Bufferyard Trees @ 1 Hedge
tree per 300
SF _
1 180 10 1800 5 No ~Vo
• 2 300 30 9000 30 Yes Yes
Total C~uantity of Required Buffe and frees 36
,Total Quantity of Provided Buffe and Trees 36
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• Alternate Landscape Requirement
Tabulations
Additional Street Trees
Quantity Type Unit Gedit Gedit
3 Shade Trees 100 SF /Tree 300
5 Omamental Trees 25 SF /Tree 125
Total Square Foot Area Credit 425
Additional Site Trees
Quantity Type Unit Gedit Gedit
3 Shade Trees 75 SF /Tree 225
2 Ornamental Trees 25 SF /Tree 50
Total Square Foot Area Credit 275
Additional Screen Shrubs
Quantity Type Unit Gedit Gedit
12 Dumpster Screen Hedge 10 SF /Shru 120
40 Loading Dock Screen Hedge 10 SF /Shru 400
Total Square Foot Area Credit 520
Additional Planting Beds
SF /Area Location Ur.it Gedit Gedit
110 Dumpster Screen Hedge 2 SF / SF 220
• 500 Entry Beds 2 SF / SF 1000
380 Loading Dock Screen Hedge 2 SF / SF 760
Total Square Foot Area Credit 1980
Existing Tree Preservation
Quantity C liper Inch Species Unit Gedit Gedit
1 12 Cedar Elm 125 SF /Cal" 1500
2 8 Post Oak 125'SF /Cal" 2000
1 10 Post Oak 125 SF /Cal" 1250
Total Square Foot Area Credit 4750
Native Tree and Shrub Planting Selections
Quantity Type Unit_Gedit G~dit
13 Shade Trees 50 SF /Tree GSI;
5 Ornamental Trees 50' SF !Tree 250
72 5 gal Shrub 10 SF /Tree 720
25 1 gal Shrub 2 SF /Tree 50
Total Square Foot Area Credit 1670
Total Alternate Landscape Square Foot Area Credit 9620
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S uare Foota a Area Reca
Base Line Square Footage Requirement 6000 SF
Total Alternate Landscape Credit 9620`SF
Difference -3620'SF
Total Re uired Area of Landsca e Setback 2000 SF
(NOTE: In this situation the total alternate landscape credit exceeds the base line
square footage requirement; therefore, the minimum amount of landscape setback
would be the calculated area of the total linear footage of the RO W multiplied by the
minimum ten (10) foot depth, which in this case would be 2000 SF.)
(6) Irrigation Plan Requirements. Each applicant must submit an
irrigation plan that verities compliance with this Chapter and that
meets the following requirements:
a. The irrigation plan must be prepared by a Landscape
• Architect or an Irrigator holding a current license in the state
of Texas;
b. The irrigation plan must contain the following information:
1.. Names, addresses and telephone numbers of bath the
property owner and the porson preparing the ptvn;
2. Project name, street address, and lot and block
description;
3. Date, scale, and north arrow;
4. Location of existing boundary lines and dimensions of
the lot;
5. All existing and proposed site improvements,
including but not limited to buildings, pavh~g, walls,
and fencing;
6. Location and size of all control valves;
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• 7. Location and size of ail irrigation heads;
8. Location and size of all main line piping;
9. Location and size of all lateral line piping;
10. Location of all control wiring;
11. Zone chart;
12. Zone designations;
13. Location alld size of the water meter;
14. Location and size of the back flow prevention device;
and
15. lnstallation ar~d 1~laintenance Notes.
In-lieu-of submitting a full irngation plan, a performance
sped fication may be submitted clearly stating the intent of the
system that will be installed. but such specifrcation must still
be prepared by a Landscape Architect or an Imgator holding
. a current license in the state of Texas. If using this option, the
following information shall be included and graphically
indicated on the landscape plan:
1. Water 1\'Ieter;
2. Double Check Valve;
3. Controller;
4. Rain Sensor; and
5. Freeze Sensor.
Sec. 48-1 ] Acimillistrati~n.
(a) .4~mir. istrcation. All questions ofinterpretation and enforcement shad be first
presented to the Landscaping Administrator.
(b) appeal. Appeals from the decision of the Landscaping Administrator shall
be to the Building Official, unless the Landscaping Administrator and the I3uilding
• ORDINANCE ENACTING CHAPTER 48 OF THE CITE CODE, ENTITLEll •`LANDSCAPING` Page 32
w:\Ri: hland Hills\Ordinance\r.andscai~e ordinance Chapter 43 with enactin,>, cl2u~es (fiual).~jipd
• Official are the same person. Any persona, aggrieved by a finding or action. of the
Landscape Administrator may file a written appeal within 30 days from the date of
such finding or action, and not thereafter, by presenting a written notice of appeal to
the City Secretary, stating the appellant's desire to appeal and the decision or portion
of decision of~the Landscaping Administrator from which the appellant desires to
appeal. If further appeal is desired, or if the Landscaping Administrator and the
Building Official or the same person, appeal shall next be to the City Manager. Any
person desiring to appeal to the City Manager may file an appeal within 15 days from
the date of the ruling being appealed, and not thereafter, by presenting a written
notice of appeal to the City Secretary, stating the appellant's desire to appeal and the
decision or portion of decision of ruling from which the appellant desires to appeal.
If further appeal is desired, appeal shall next be to the City Council. Any person
desiring to appeal to the City Council may file a written appeal within 30 days from
the date of such finding or action, and not thereafter, by presenting a written notice
of appeal to the City Secretary, stating the appellant's desire to appeal and the ruling
from which the appellant desires to appeal. If further appeal is desired, appeal shall
next be to the Landscaping Board of Appeals. Upon hearing an appeal, the City
Council may, by majority vote, may affirm, reverse or modify the decision of the
City Manager. The decision of the City Council concerning an appeal under this
Chapter shall be final. In making its determination, the City Council will consider
the following guidelines:
• (c) Li»litati~n of appeals. 1\'o appeal for the same or related issue on tl-~;, same
piece of property shall be allowed from a previous ruling on any appeal absent a
material change of circumstances. If the appellant asserts such a change of
circumstances and seeks rehearing of an appeal, such appeal need not be considered
unless the applicant presents in writing evidence establishing such change of
circumstances. Any such subsequent appeal shall be considered entirely on its merits
and the peculiar and specific conditions related to the property on which. the appeal
is brougl~it.
(d) Jurisdiction artd Power. Neither the Landscaping Administrator nor the
Building Official shall have the power to vary from the requirements of this Chapter.
The City Manager or the City Council may grant a variance from the terms of this
Chapter, provided, however, that such variance maybe granted based only upo?t the
following criteria, and no other:
(1) Any variance may not he based solely upon moltetary or financial
considerations; rather, a variance may be granted. only upon a
showing that the unique aspects of the property at issue ?nake
compliance with all of the provisions of this Chapter impractical or
unreasonably difficult, such that strict compliance is impractical or
would impase a financial cost on the applicatt significantly
disproportionate to that incurred by other property owners covered by
• ORDINANCE ENACTING CHAPTER 48 OF THF, CI'r1' CODE, ENTITLED "LANDSCAP[NG" PaKe 33
W:\Richiand Hills`.Ordinance\I_andscape ordinance Chapter 48 with enacting clauses (tinal).wpd
• this Chapter;
(2) Any variance granted should vary the terms of this Chapter only to
the extent necessary to accommodate the unique aspects of the
property at issue;
(3) Any request for variance must be accompanied by an alternate
landscape plan which, while varying from the strict terms of this
Chapter, is designed to accomplish the goals and purposes of this
Chapter through alternative means. Any variance should be granted
co?Iditioned upon the applicant complying with additional
requirements which, while varying from the strict terms of this
Chapter, is designed to accomplish the goals and purposes of this
Chapter through alternative means. These additional requirements
may include some or all of the aspects of the alternative plan
submitted by the applicant, and may include additional provisions as
determined by the City Manager or City Council.
SECTION 6.
PROVISIONS CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
• Ordinances of the City of Richland Hihs, Texas, as amended, except where the provisions of th?s
ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event
the conflicting provlslons of such ordinances and such Code are hereby repealed.
SECTION 7.
PROV1S10NS SEVF_RABLE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause
sentence, paragraph or section Of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since
the same would have been. enacted by the City Council without the incorporation in this ordinance
of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 8.
PUBLiC ATION
The City Secretary of the City of Richland Hills is directed to publish the caption, penalty
clause, publication clause and effective date of this Ordinance in one issue of the off cial city
newspaper as authorized by Section 52.013 of the Local Government Code.
• ORDINANCE ENACTING CHAPTER 48 OF 1'HC CITY CODE. ENTITLED "LANDSCAPING" Page 34
W':\Richland Hills\Ordinance`.Lardsca;~e ordinance Chapter 48 with enacting clauses (finalj.wpd
SECTION 9.
PIIBLICATION IN BOOK. OR PAMPHLET FORM
The City Secretary of the City of Richland Hills ij hereby authorized to publish this
ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among
the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so
published shall be admissible in evidence in all courts without further proof than the production
thereof.
SECTION 10.
PENALTY FOR VIOLATION
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more
than Five Hundred Dollars ($500.00) for all other violations of this Ordinance. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 11.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication as
required bylaw, and it is so ordained. I22~
• PASSED ANL1 APPROVED ON THIS l l DAY OF 2003.
TH ; HONOP.ABLE NELDA STRODER,1\1AYUR
A'T'TEST:
WILLIE, iTY SECRETARY
EFFECTIVE,: Gl- J ~
• ORDINANCE ENACTING CHAPi'ER 48 OF THE CITY- CODE. ENTl1'LEl) "LANDSCAPING" Page 35
W'\Richiard Hills\OrdinancelLandscape ordinance Chapter 48 with enacting clauses final j.wpd
• APPRO~~ED A T FORM AND LEGALITY:
_ _
TIM G. SRALLA, CITY ATTORNEY
•
• ORDINANCE ENACTING CHAPTER 48 OF THE CiT1' CODE, ENT'iTLED `•LANDSC4PING" Pale 36
w':\Richland Hills\Ordinance\l.andscape ordinance Chapter 48 with enacting clauses (tina;j.wpd
INVOICE t',~~
Star-Telegram Customer ID: CIU08
400 W. 7th Street Invoice Number: 252530431
FORT WORTH, TX 76102
(817) 390-7761 Invoice Date: 3/6/05
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 3/31/05
Bill To: PO Number:
CITY OF RICHLAND HILLS
3200 DANA DR Order Number: 25253043
RICHLAND HILLS, TX 76 1 1 8-623 7 Sales Rep: 073
Description: CITY OF RICHLAN
Atm BARBARA . WRIGHT Publication Dates: 3/1/05 -3/6/05
De 'fin ~ Location Col Depth Linage MU Rate Amount
CITY OF RICHLAND HILLS The fol 13580 1 82 82 LINE $0.28 $46.46
CITY OF ICHLAMD
HILLS
The totlowing wptd~
Hance we~c ddo
b fhe Richland Hills Net Amount: $46.46
City Council on May
1 2003 (ca tion
and pena~l~lyy clause
ORDINAIY~E NO.
957-03
AN ORDINANCE OF
THE CITY OF
TEXAS N ENACTING
CHAPTER 48 OF
THE CITY CODE
ESTABLISHING
CERTAIN LAND-
SCAPING RE-
QUIREMENTS FOR
COMMERCIAL, IN-
DUSTRIAL AND
MULT-FAMILY RES-
IDENTIAL DEVEL-
• OPMENT~ AMEND-
ING CHAFSTER 90 OF
THE CITY CODE TO
INCORPORATE
SUCH PROVISIONS ;=q4~ fD+~;•., CHRISIY L. HOLLAND
PROVIDING THAI` z
.THIS ORDINANCE MY AOMMiSSION EXPIRES
SHALL BE CUMU- ':;4'r„'„ July 31, 2009
LATIVE OF ALL
ORIDIANCES• PRO- '€~Q~~"'~~
THE STAI VIDING A SEVER-
ABILITY CLAUSE;
COUnry Of PAROVIDIOR VIOLA-
TION; PROVIDING
FOR PUBLICATION
Before m~ LAWRANDI PROV
~ for said County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
for the ~t ING AN EFFECTIVE y the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
DATE.
that tite a oR coRPO~ArioN Ivertisement was published in the above na ed paper on the listed dates: BIDS 8L LEGAL DEPT. STAR TLEGRAM
(817) 3' DISOBEYSIOOMITS;
NEGLECTS OR RE-
FUSES TO COMPLY
WITH OR WHO RE- Signed
SISTS THE EN-
FORCEMENT OF
ANY OF THE PRO-
SUBSCRII vlslolvs of THIS BEFORE ME, THIS Tuesday, Mar 1 5.
ORDINANCE SHALL
BE FINED NO MORE
THAN FIVE HUN-
(D$RED DOLLARS Notary Public -
OTHER
VIOLATIONS
OF THIS ORDI-
NANCE. EACH DAY
THE VIOLATION IS
PERMITTED TO EX-
Thank Y TUTEHA SEPARATE ayment
OFFENSE.
-APPROVED: ATTEST: - - - - - ~ .
/S/ /S/
NELDA S. STRODER,
MAYOR KIM ,SLIT-
TER CITY $ECRE-
TAR~'
A complete copy of this
Remit Tc f
~"re~i~,,,,°,°t~~~l~a~`b~m Customer ID: CIU08
9Gn3ta~8 VITIC®,
~p~a aR(~nlendDHaills 1051 Customer Name: CITY OF RICHLAND HILLS
Texas.
FORT W~~TH, TX 76101-2051 Invoice Number: 252530431
Invoice Amount: $46.46
PO Number:
Amount Enclosed: $