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HomeMy WebLinkAboutORD 2011-14 - UDC Landscaping & Tree PreservationOrdinance No. dOII i'-1 An Ordinance of the City Council of the City of Georgetown, Texas, amending the Unified Development Code, Passed and Adopted on the 11th Day of March 2003, as follows: Chapter 2 "Review Authority", Chapter 3 "Applications and Permits", Chapter 4 "Zoning Districts", Chapter 6 "Residential and Agricultural Zoning Districts: Lot, Dimensional and Design Standards", Chapter 7 "Non-Residential Zoning Districts: Lot, Dimensional and Design Standards", " Chapter 9 "Off-Street Parking and Loading", Chapter 11 "Environmental Protection", and Chapter 16 "Definitions"; repealing Chapter 8 "Landscaping and Buffering"; and adding a new Chapter 8 "Tree Preservation, Landscaping and Fencing"; Repealing Conflicting Ordinances and Resolutions; Including a Severability Clause; and Establishing an Effective Date. WHEREAS, the City Council adopted the Unified Development Code (UDC) on March 11, 2003; and WHEREAS, the City Council adopted Resolution 102808-S on October 28, 2008, establishing a new annual amendment process to the Unified Development Code that included a UDC Task Force group comprised of members of the public; and WHEREAS, the amendment process established has been followed as described; and WHEREAS, the Planning and Zoning Commission reviewed the list of proposed amendments at a special meeting with the UDC Task Force on October 27, 2008, and recommended that the list be forwarded to the City Council for review; and WHEREAS, the City Council reviewed the list of proposed amendments at their regular meeting on October 28, 2008, and directed to staff to begin preparation of the draft language; and WHEREAS, the adopted Resolution established that some items on the proposed list of amendments would not be on the initial schedule for public hearing and consideration; and WHEREAS, the amendments contained in this ordinance are the sixth and final in a series of items the Task Force considered and completed for deliberation by the Planning and Zoning Commission and City Council; and orct-w.9011-H WHEREAS, the Task Force conducted numerous open meetings to consider the amendment items; and WHEREAS, public workshops were conducted on February 22, 2011 and February 28, 2011; and WHEREAS, the Planning and Zoning Commission conducted a Public Hearing on the draft amendments at their regular meeting of March 1, 2011, and, on March 15, 2011, at a continuation of that meeting, recommended approval of the amendments to the City Council, with the following text changes recommended: • Section 8.01.030: Remove "residential and non - residential" from the applicability paragraph. • Section 8.01.040: Add as letter "B" text to say "For the purposes of this Chapter, the term "exempt properties' shall mean all single - family and two- family lots platted prior to February 13, 2007." • Section 8.02.010.A: Change text to say "The provisions of this Section 8.02 shall apply to all non - exempt property located within the corporate limits and extraterritorial jurisdiction (ETD) of the City of Georgetown." • Section 8.02.010.B: Change text to say "Notwithstanding the provisions contained herein to the contrary, the provisions of this Section 8.02 shall not apply to exempt property unless the use of the property shall change from a residential classification to a non - residential classification." ® Section 8.02.030.B.1: Remove the last two sentences. Section 8.02.040.A: Remove the last phrase "whether or not there is a change in property ownership." • Section 8.02.040.C.1.c: Add "Protected" in front of tree. • Section 8.04.040: Replace "these areas" in the first sentence with "parking lots ". ® Section 8.04.050.C.2.c: Replace "30 feet apart and 5 feet behind the property line" with "in a formal manner and shall meet the location requirements of Section 8.06.030.D ". • Section 8.07.040.B.4.e: Remove the last sentence. • Section 8.07.060: Add "along that roadway" after the words "perimeter buffer" in the first sentence. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated Ord- Q30-19 by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the 2030 Comprehensive Plan, Thoroughfare Plan, and Land Use Element as follows: Vision Statement 4: Effective Governance 4.1: Efficient, Responsive Government 4.1.A: Our City government retains its reputation for providing a high level of responsiveness to citizens and in exercising visionary leadership in planning and investing for the future. 4.1.B: We have created and enforced innovative, effective, and fair regulatory codes and development standards to guide growth and improve development quality. We have streamlined the regulatory process, particularly for desired development types and locations. Land Use Goals, Policies, and Actions: Goal 1: Promote sound, sustainable, and compact development patterns with balanced land uses, a variety of housing choices and well-integrated transportation, public facilities, and open space amenities. 1C: Establish standards appropriate for new residential development pertaining to lot sizes, open space, buffers, road connectivity, etc. 2A: Remove present inadvertent impediments to infill and re-inves went in older, developed areas. 2D1: Ensure that public and private initiatives preserve and enhance historic resources. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other 2030 Comprehensive Plan Vision Statement or Goal, Policy, and Action. SECTION 2. Portions of the following chapters of the Unified Development Code are hereby amended as described in Exhibits "A" through "E": Exhibit A — Chapter 2 Review Authority; Chapter 3 Applications and Permits; Exhibit B — Chapter 4 Zoning Districts; Chapter 6 Residential and Agriculture Zoning Districts: Lot, Dimensional and Design Standards; Chapter - Exhibit C - Exhibit D - Exhibit E - 7 Non-Residential Zoning Districts: Lot, Dimensional and Design Standards; Chapter 8 Tree Preservation, Landscaping and Fencing; Chapter 9 Off-Street Parking and Loading; Chapter 11 Environmental Protection; Chapter 16 Definitions. SECIION 3. All ordinances that are in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECI ION 4. If any provision of this Ordinance or the UDC, or application thereof, to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECI ION 5. This Ordinance shall become effective on June 1, 2011 and the caption shall be published in accordance with the provisions of the City Charter. PASSED AND APPROVED on First Reading on the 12th day of April 2011. PASSED AND APPROVED on Second Reading on the 26th day of April 2011. ATTEST: ca Brettle y Secretary Approved as to Form: Mark Sokolow City Attorney 3rd-- 1-11-1 THE CITY OF GEORGETOWN George Garver, Mayor Exhibit A Chapters 2 and 3 Chapter 2 2.01.020 Summary of Review Authority The following Table summarizes the decision-making authority of each review body for the City of Georgetown. Table 2.01.020: Summary of Review Authority Procedure g A. 0 w e 0 0 0 0 Administrative Action Administrative Exception (Zoning) DM A A* Administrative Plat (minor or amend plat) DM R A Final Plat DM R A Site Plan DM R A Temporary Use Permit DM A Master Sign Plan DM A Construction Plans DM A Stormwater Permit DM A Driveway Permit DM A Traffic Impact Analysis DM A Sign Permit DM A Heritage Tree Removal/Pruning Permit DM A Heritage Tree Pruning Per it DM A Heritage Tree Protection Priority DM R R A Certificate of Design Compliance Administrative DM A Courthouse View Height Determination DM A License to Encroach DM A R — Review or Recommendation DM — Decision Making Authority A — Appeal Authority < > - Public Hearing * Administrative Exceptions related to Chapter 8 items are appealed to the City Council, all others are appealed to ZBA. Ordinance, ExMbt A 3 Page 1 of 5 Chapter 3 Section 3.23 Heri a e Tree Re oval Permit Exhibit A Section 3.23.01 Pu se The_purpose of a Heritage Tree Removal Permit is to determine whether such a tree should be removed based on its species size location, health, viability and its impact on the overall site design. Heritage Trees shall not be removed without first securiuti approval from the City. Section 3.23.020 AD licabi A._The provisions of this Section shall apply to a o ertyjocated within the corporate limits and in the extra territorial turisdiction (EU) of the City_of Georgetown. B. The provisions of this Section apply to all development subiect to this Code, except as noted belowtythether or not there is an active ermit for the project. February 13, 2007, are exempt from the requirement of a Heritage Tree 6 Single-family or two-family_ residential lots roved and platted prior t Removal Permit. However, single-family_ and two-family_ lots platted after February 13, 2ow are subject the Heritage Tree protection provisions in Section 8.02 which shall a ol to both the developer home builder and homeowner. Not withstandin. the trecedin exemption, if a future change of use from a single -family or two-famil home toany °titer use triggers_a permit tinder this Code then the provisions of thc Heritage Removal Permit will be required. 3.21_Q3D__ P e-Af flip io_o_CBitomnse -4; Pursuant to Section 3.022no, a Pre-application Conference is required prior to the submission of a permit application, unless the application is part of another project where a Pre-application meeting has already been held or the Urban Forester waives the requirement .23.040 Review P ess Review of a Heritage Tree Removal Permit shall follow the Administrative Review procedures set forth in Section .0 .o o, si_.,__Lbject to the Criteria for Approval set forth below. 3.23.45 Criteria for A 11 • val No Heritage Tree Removal Permit shall be approved unless it is determined by the Urban Forester or their desi tnee that the proposed removal is justified, based on the tree s ecies and site conditions of the tree, In making this determination the followina will be evaluated: A. Tree species B Tree siminumber of trunks C Tree health and viability D. Tree location E. Protected and Heritage Trees to re ain on site rdinance Exhibit A - Chapters 2 &3 Page 2 of 5 Exhibit A F. Whether the project can be developed without tree removal 3,23.060 Submission Rgaikements A. Statement of justification for tree removal. 13, Co r i p y m t i f companion plat. Site Plan or concept plan for ie_permit or authorization that required compliance with this Section. C. Copypf Tree Surveii, if au licable. If no Tree Survey_ exists, loca 'o of tree identified, tree type, size condition, etc. D. Aphoto of the tree's canopy and trunkiabeled with the corresponding tree number on the coin anion Tree Survey, shall be submitted with the application for a Heritage Tree Removal Permit. 123.070 Respgpsibility for Final Action A. The Urban Forester is responsible for final action on Herat e Tree Removal Permits. B. Upon receipt of the application. the Urban Forester shall inspect the subject tree and approve or deuthe application in accordance with the p sions of this Section within ro workingdays of the date of the iliaalion apon written reauest from the owner or the owner s 's re resentative, said date for the Urban Forester's final decision may be extended for a period of up___to fifteen Os) additional days. If a decision bv the Urban FOrester would delay construction that is already properly permitted, commenced and in- rogress, the Urban Forester or their designee_shall approve or deny the a • libation within two (9) workin da C. Au applicant ma - a eal a denial of a Heritage Tree Removal Permit to the City Council, Such a peal must be made in 'writing and received by the Director thir o) days of the date of the decision on the application by the Urban Forester. The Director shall set the matter for public hearing before the City Council at the earnestpossible re!ularl - scheduled meeting of the Cit The Ci, Council shall reinew the re uest and render a decision either affirming, affirming in part, conditionally affirming, or reversing the determination of the Urban Forester. If a Heritage Tree Removal Permit is issued after appeal, pursuant to the provisions of this Code, the applicant must comply with applicable provisions of this Code, including mitigation. D. If the Urban Forester approves an application for apermit to remove a Heritage. Tree, then the applicant shall, no later than 3o days from the date of approval of t e application, submit a mitigation or payment of fees-in-lieu calculation and a Mitigation Plan, pursuant to Section 8.05 showing the proposed species, location and irri abort Ian for the proposed mitigation trees. E. If the required Mitigation Plan is not submitted within '10 days of the application approval, and the Herita e Tree has not been totally removed, the Tree Remoi,'al Permit will be declared inactive and tree removal shall not commence. If the tree removal has taken place within that o-da ecnxi and the Mitigation Tree Plantina Plan has not been submitted, then no additional permits shall be issued for the o'ect associated with the tree removal until the Plantin Plan is submitted. 3.23.04Q Expiration Ordinance lxhibit A - Chapters 2 Ei 3 Page 3 of 5 Exhibit A A Heritage Tree Removal Permit shall remain valid for the longerif: A. The_period of validity of the permit or authorization that ret uired compliance with this Sectior B. 180 days from the issuance of the Tree Removal Permit, Section 3.24 Herita Section 3.24.010 Purpose The purpose of a Heritage Tree Pruning Permit is to determine whether such a tree should be pruned and how the pruntrag_shall be performed. Tierit_age Trees shall not be_pruned without first securin: a* *royal from the city. e Tree Pruning Permit Lectip24,020 .* licabbity A. The provisions of this Section to all property located within the . . corporate limits and in the extra territorial unsdiction (ETJ) of the Cftv of Georgetown, B. A Herita&e, _Tree Pruning Permit shall be required for any pruning_of a Heritage Tree located on all pro (p.,n,_rties. including single-family and two-family lots_platted after February 2(307° however a Tree Pruning Permit shall only be re uired during the origin_al home construction. Not withstanding the preceding exemption. if a future change of use from a single-family or two-familv home to any other use trio. ers a permit under this Code then the provisions of the Heritage Pruning Permit will be required. 3.24.0 0 Relfigyv Pr e s Review of a Heritage Tree Pruning Permit shall follow the Administrative Review arocedures set forth in Section q.o ,o o subject to the Criteria for oval set forth below. 3.24. 4 Criteria f r A** ilrvir I No Heritagg Tree Prunin Permit will be approved unless it is determined by t Urban Forester, pr their desig_nee, that the pmposed prunin is justified based on the health or viabili of the tree and that the proposed pruning will not negatively impact the health and apr earance of the tree. In making this determination the tbilowing be evaluated: A. Reason fourunin* e uest B. Tree location C. Percent oPcarropy to be removed D. Tree health E. Whether an ISA Certified Arborist is twin to e or the pruning 3.24.050 ubmission Re uiremen A. Statement of Justification for tree pruning. Ordinance Exhibit A - Chapters 2 & 3 Page 4 of 5 Exhibit A Copy of cony plat, Site Plan or concept_plan for the_permit or authorization that required compliance with this Section. C A hoto digital or hardcopy) of the tree, labeled with the tree number on the Tree Survey,DBH, species, and contractor's ISA certification number, shall be submitted with the a lication for a Heritagc Tree Prunino. Permit. 124.060 Res Hityfor Final Action A. The. "Urban Forester is responsibl for final action on _eritage. Tree Pruning Permits. B Lpn receipt of the a, ication, the Urban Forester shall inspect the subject tree and approve or deny the application in accordance JArith the rovisions of this Section within ten lio) workin days of the date of the uplication. C. An applicant may_ktpeal the denial of a Heritage Tree Prurli,j_- Yermit to the Director. Such appeal must be made in writbgf and received by the Director within thirty Lao) days of the date of the decision on the a plication by the Urban Forester. The request for appeal shall set forth the specific reasons for the anpeal and state the specific reasons for disagreement with the decision of the Urban Forester, including the basis for the applicant's position that the Qnlication should have been granted. The Director shall review the request and render a decision either affirmin affirrning conditionally affirming, or reversing the determination of the Urban Forester. 3.24.070 Ex ton The Heritage Tree Prunin Pe mit shall remain valid for 180 days from date of issuance. Ordi c Exhibit A - Chapters 2 & 3 Page 5 of 5 Exhibit B Chapters 4, 6, and 7 Chapter 4 Section 4.07 Special Area Plan Overlay District 4.07.40 Standards for the Williams Drive SP C. Special Site Design Standards 5. Buffers Visual screening shall be installed and maintained along all rear property lines adjoining a District more restrictive than the Williams Drive SP District . The buffer shall consis of a olantirig area extending_10 feet in width frorn the adioining property and include a 6-foot gpague fence and 2 evergreen ornamental trees ger every 50 linear feet of buffer. Chapter 6 Section 6.06 Site-iaesigh-StandloOp AccesSo- Areas iiiiiii061464--Restidentiatinfileniego Structures and Recreation fyite,fie,„ f.,Fe.ttRet-ferVe4-ef'i-tftttttit.gneF.-44e-ref.-the----Vfei17 feepthifefneRts--ef-the-CNeriiyy-ai-stFift,---Ift-aK#r -iftetEmeesTt-he-iaeH:H9ftafy-ei-E1-H-.-k.hellr-4.3e4ef-NE-.gteet--.alenf.t-14rif.! ififiertilegt-130tiftify'r-1'3141e-FEK11.3ifei.4--Gate.Wily-i-ariekireape-latfAIz-----..1:49e-Gat-Htteily-lanfisEepe-buffe-F-ShaR (Win Exhibit El Ch pters 4, 6, 7 Page 1 of 2 Exhibit B Chapter 7 Section 7.05 fr. Standards Ordinance Exhibit A Chapters 4, 6, 7 Page 2 of 2 Exhibit C Chapter 8 Tree Preservation, Landscaping and Fencing Section 8.01 General 8.01.010 Purpose This Chapter establishes requirements for the preservation and protection of native trees and the provision of landscaping, buffering and screening to provide for the orderly, attractive and healthful development of and and promote the health, safety and general welfare of the community. A. The regulations contained herein are necessary to protect the character and enhance the ecological, environmental and aesthetic qualities of the community. B. The use of landscape elements can contribute to air purification, oxygen regeneration, water absorption, water purification and noise, glare and heat abatement indicating that the use of landscape elements is of benefit to the health, welfare and general well being of the community and, therefore, it is proper that the use of such elements be required. C. The City of Georgetown experiences frequent droughts; therefore, it is a purpose of this Chapter to encourage the use of low-water, drought-tolerant plants and trees and the grouping of vegetation by water requirements. D. The City of Georgetown values its indigenous and historic natural features; therefore the placement of proposed buildings and improvements should be oriented in a manner that allows for the preservation of existing trees and native landscape. in addition, natural areas to be preserved should be integrated within the design of open space, screening and landscaped areas. 8.01.020 Authority A. The provisions of this Chapter are adopted pursuant to Texas Local Government Code Chapters 211 and 212 and the City Charter. B. The provisions of this Chapter are administered by the Director of Planning and the Urban Forester under the direction of the Director. Unless otherwise indicated within this Chapter, appeals of the Urban Forester's decisions shall be made to the Director. For Chapter. aAppeals of the Directors decisions shall be made totheCi n thaapc adizes_setfailb 3,14, the Appeal of an Administrative Decision 8.01.030 Applicability This Chapter applies to all properties located within the corporate limits and the extra-territorial jurisdiction (ETJ) of the City of Georgetown; however, each section applies differently depending on the specific use and location. Further clarification of the applicability of individual sections of this Chapter can be found described within each section. The sections listed below correspond to Table 8.01.030 and are applicable to each type of use as identified in the table. Section 8.02.030.D. Heritage Trees Section 8.02.030.E. Protected Trees Section 8.03. Residential Landscaping Section 8.04 Non-Residential Landscaping Section 8.05. Review and Approval Process Section 8.06. Plant Selection, Installation & Maintenance Section 8.07. Fencing Ordinance Exilibit C - Chapter 8 Page 1 of 29 Exhibit C The following table summarizes the provisions of this Chapter applicable to each type of use, within both the ETJ and the city limits. Table 8.01.030 Provisions Applicable by Use and Location Location Type of Use Sec. 8.02.030.D Sea 8.02030E Scx. 8.03 Sez. 804, Sec. 8.05 Sec. 8.06 Sec, 8.07 City Limits Single-family and Two-family X - X - X X X All Other Uses X X - X X X X ETJ Single-family and Two-family X - - - X X - All Other Uses X X - - X X - X=required 8.01.040 Essential Terms Defined A. For the purposes of this Chapter, the term "residential" shall include single-family and two-family development and "non-residential" shall include all other uses, including townhouse and multifamily. B. For the purposes of this Chapter, the term "exempt properties" shall mean all single-family and two- family lots platted prior to February 13, 2007. C. Diameter Breast Height (DBH) is the diameter of a tree measured at 4.5 feet above ground, as further defined in Chapter 16. D. Critical Root Zone (CRZ) is a circular region measured outward from the tree trunk representing the essential root area that must be protected for the tree's survival and is calculated as 1-foot of radial distance for every 1-inch of DBH. E. The definitions in Chapter 16 of this Code shall apply to these and other terms within this Chapter. 8.01.050 Unified Development Code Development Manual The Unified Development Code Development Manual is a companion document to this Code, containing templates for Tree Surveys, Tree Preservation Plans, landscape and tree calculations and other relevant information for completing a Site Plan or other required process. The Development Manual also contains the City of Georgetown Plant Lists, including the Preferred, Prohibited and Controlled Plant Lists, and the Landscape and Tree Technical Standards (Technical Standards) which provides technical guidance for the selection, planting and maintenance of plants required by this Code. 8.01.060 Additional Resources The City of Georgetown encourages use of additional resources and publications that compliment this Chapter and its companion manuals, to provide further details on plant selection, maintenance and other relevant information. Recommended examples include the Austin Grow Green Guide, Lady Bird Johnson Wildflower Center Invasive Plant List, Williamson County Native Plant Society publications and publications from local and regional water providers and conservation groups. Section 8.02 Tree Preservation and Protection The purpose of this Section is to provide for the preservation, protection, removal and mitigation of Protected Trees and Heritage Trees. The provisions of this Section shall be implemented by the Urban Forester, under the direction of the Director. Ordinance Exhibit C Ch'pter 8 Page 2 of 29 Exhibit C 8.02.010 Applicability A. The provisions of this Section 8.02 shall apply to all non-exempt property located within the corporate limits and extraterritorial jurisdiction (ETJ) of the City of Georgetown. B. Notwithstanding the provisions contained herein to the contrary, the provisions of this Section 8.02 shall not apply to exempt property unless the use of the property shall change from a residential classification to a non-residential classification. C. The Protected Tree Protection provisions of this Section apply only to non-residential development as defined in Section 8.01.040 above. 8.02.020 Tree Classifications Established A. Protected Tree A Protected Tree is any tree, excluding Hackberry, Chinaberry, Ashe Juniper (cedar), Chinese Tallow and Mesquite, that has a diameter breast height (DBH) of 12 inches or larger, excluding Heritage trees. B. Heritage Tree 1. The Heritage Tree classification applies to any of the following tree species that has a DBH of 26 inches or larger: Live Oak, Post Oak, Shumard Oak, Bur Oak, Chinquapin Oak, Monterey Oak, Bald Cypress, American Elm, Cedar Elm, Pecan, Walnut, Texas Ash or Southern Magnolia. 2. The Heritage Tree classification may also be designated by Resolution of the City Council to any tree of historical value or significant community benefit. 8.02.030 Preservation of Protected and Heritage Trees A. Unless otherwise allowed by this Chapter, no property shall be clear-cut or selectively cleared, nor shall a Protected Tree or Heritage Tree be removed, without first securing the necessary approval from the City. B. Exceptions 1. Residential Exemption Existing residential subdivisions approved and platted prior to February 13, 2007, are exempt from the regulations in this Section. 2. Hazardous Trees a, Natural Disasters and Other Emergencies If a Protected Tree or Heritage Tree is determined to be causing a danger or to be in a hazardous condition due to a natural disaster such as a tornado, fire, storm, flood or other act of God that endangers public health, welfare or safety, the requirements of this Section may be waived as deemed necessary by the Emergency Management Coordinator, or their designee, and the Assistant City Manager, after consultation with the Urban Forester, with such consultation and determination to occur within one (1) calendar day of an applicant's request to remove or prune said tree. b. Airport Clear Zone Protected and Heritage Trees located in the Airport Clear Zone are exempt from the requirements of this Section. Ordinance Exhibit C - Chapter 8 Page 3 of 29 Exhibit C c. Sight Triangles If the Urban Forester and Development Engineer determine a Protected or Heritage Tree is interfering with the safe visibility at a sight triangle of an existing public street, the tree may be removed without fulfilling the mitigation requirements of this Chapter. d. Dead or Diseased Trees If the Urban Forester determines, based on a site inspection, that a Protected or Heritage Tree is already dead, dying or fatally diseased prior to starting a project, the provisions of the mitigation requirements will not apply and such determination shall be provided in writing. 3. Public Utilities Pruning the canopy of Protected Trees and Heritage Trees may be carried out by public utility providers in the City's right-of-way or public utility easement without prior approval by the Urban Forester, if performed by or under the supervision of an International Society of Arboriculture (SA) Certified Arborist, Heritage Tree removal requested by any utility providers in the City's right-of-way or public utility easement must be submitted to the Urban Forester for review and approval. C. Protection of Critical Root Zone 1. No construction or disturbance shall occur within an area that constitutes more than 50% of the total CRZ and % the radial distance of the CRZ for each tree being preserved, including Protected Trees, Heritage Trees and any other trees for which credit for preservation is to be assigned per this Chapter. This defined area shall be flagged and encircled with protective fencing during construction. The Urban Forester may approve construction closer to the trunk than "A the radial distance, depending on the size, spacing or species of the tree, the type of disturbance proposed and uniqueness of the situation, if acceptable Supplemental Nutrients and/or Soil Aeration are provided and the probable survival rate of the tree is high. 2. Cut or fill that is greater than 4 inches in depth and the severing of major roots shall be considered disturbance for the purposes of this Chapter. 3. Within the protected CRZ, only flatwork, decking or similar construction, may be approved and shall not affect the branching of the tree. 4. If proposed or actual protection of the CRZ of a tree does not meet the requirements of this Section, then the tree shall be considered removed and shall require mitigation in accordance with Section 8.02.040. D. Heritage Tree Preservation Requirements 1. The requirements of this Chapter as they relate to Heritage Trees shall be applicable to all development within the City's jurisdiction including both residential and non-residential development, unless otherwise exempted by Section 8.02.030. 2. Heritage Trees shall be preserved on site unless otherwise approved for removal or relocation as outlined in Section 8.02.040. 3. Heritage Trees shall be graphically identified on subdivision plats, and the plat shall contain a note stating that such trees cannot be removed without prior consent from the City. 4. Each plat shall contain certification, with a plat note, that all individual lots containing Heritage Trees are configured and designed so that the lot is developable for the intended purpose without requiring removal of the Heritage Tree or exceeding the percentage of allowable disturbance within the Heritage Tree CRZ. Ordinance Exhibit C - Chapter 8 Page 4 of 29 Exhibit C 5. It shall be unlawful to prune a Heritage Treexvbhout an approved Heritage Tree Pruning Permit per Section 3.23 of this Code. Alt approved pruning must be performed by an lnternationa) Society of Arboriculture (ISA) Certified Arborist, or under the supervision of an ISA Certified Arborist, and must follow the American National Standards Institute (ANSI) A300 standards. Heritage Tree Pruning Permits do not apply to lots containing constructed single-family and two-family dwellings. 6. Heritage Trees shall not be removed or damaged in rights-of-way or easements, unless specifically approved by the Urban Forester. 7. Preserved Heritage Trees may atso be credited towards the Landscape requiramentsof Sections 8.03 and 8.04 E. Protected Tree 1. The | ts of this Chapter they |ate to Protected Trees shall be applicable to all non-residential development within the City's � D� Single two-family development - .»� is exempt from the Protected Tree requirements. 2. Required Protected Tree Preservation Percentages a. The minimum number of P d Trees required to be preserved on site shall be based on the average density of all Protected Trees on the site. For multi-site unified developments, the tree preservation percentages may be averaged over the entire development provided it is identified as such on the subdivision plat or site plan for the development. Densities shall be determined based on the Tree Survey. Mitigation shall be required for trees approved for removal, using the calculations detailed in Section 8.02.040.C. Preserved Protected Trees may also be credited towards the Landscape requirements of Section 8.04. Table 8.02.030 Required Protected Tree Preservation Average Tree Density Mininium Percentage of Protected Trees Kred to be Preserved 1-10 t 11+ trees per acre 20% b. An applicant may request an Administrative Exception to these percentages, per Section 3.16 of this Code, based on the tree species and location, site features, topographical limitations, existing buildings and other site limitations or constraints. 3. Preserved Protected Trees may also be credited towards the Landscape requirements of Sections 8.03 and 8.04. 8.02.040 Removal of a Protected or Heritage Tree A. Transplanting of a Protected or Heritage Tree Protected and Heritage Trees may be transplanted to a suitable Iocation either on the same property or off-site, as approved by the Urban Forester. To qualify, a tree transplanting company from the City's approved vendor list, or one otherwise approved in writing by the Urban Forester, must be used and fiscal surety must be filed with the City to guarantee a two year monitoring and maintenance program for the transplanted trees. The property owner/manager shall submit quarterly statements that demonstrate compliance with the required tree monitoring and maintenance provided by an approved tree care service. If compliance is not demonstrated, the Ordik Page 5 of 29 Exhibit C surety will be used by the City provide the required monitoring and maintenance. Monitoring shall include soil moisture analysis, fertilization, pest and disease management, soil amendments and any other service deemed necessary by the Urban Forester or the tree care service. This surety shall remain in place until the end of the two year period. B. Heritage Tree Removal Permit Heritage Trees may be removed only with the approval of a Heritage Tree Removal Permit, per Section 3.23 of this Code, and after the required mitigation has been provided. Prior to the approval of a Heritage Tree Removal Permit, all other efforts to preserve the tree in its natural location should be attempted, including those listed under Tree Preservation Priorities in Section 8.02.050. Removal of a Protected Tree does not require a permit but shall meet the required mitigation calculation as defined below. C. Mitigation for Removal of a Protected or Heritage Tree The removal of Protected and Heritage Trees shall require mitigation using the calculations and procedures defined below. The tree mitigation inch-to-inch ratio applies to the DBH of the trees to be removed. Mitigation may be achieved through credit of existing trees on site, replacement trees planted either on or off-site, payment-in-lieu of replacement trees, supplemental nutrition and aeration or a combination thereof. The Urban Forester shall have the final decision on the selected mitigation option. Each method of mitigation is described within this section. 1. Mitigation Ratios a. Mitigation shall be provided at a 1:1 inch basis for 40% of the total diameter inches of Protected Trees removed, measured at DBH. b. Mitigation shall be provided at a 3:1 inch basis for the total diameter inches of Heritage Trees removed, measured at DBH. c. Mitigation shall be provided at a 2:1 inch basis for the total diameter inches of any Protected Tree with a DBH of 26 inches or greater that is not a Heritage Tree species, as defined in Section 8.02.020.B. d. Exceptions i. No mitigation shall be required for the followin g tree species: Hackberry, Chinaberry, Ashe Juniper (cedar), Chinese Tallow and Mesquite. ii. No mitigation shall be required for Protected and Heritage Trees that are approved for removal due to poor health. 2. Mitigation by On-Site Credit Trees a. Existing trees with a DBH of at least 6 inches and no more than 11 inches that remain on a site are considered Credit Trees and may be credited toward the required Mitigation Trees under this Section, subject to approval by the Urban Forester based on the assessed health, structure, growth habit, presence of disease or decline and the available growing space of the tree. Hackberry, Chinaberry, Ashe Juniper (Cedar), Chinese Tallow and Mesquite Trees shall not be considered Credit Trees. b. When mitigation is to be met by on-site Credit Trees, the total inches shall be based on the mitigation calculation as listed in paragraph C.1 above. c. Credit Trees may apply towards a maximum of 75% of the required mitigation inches for Protected Trees. d. Credit Trees shall not be used towards mitigation for Heritage Trees. e. Credit Trees shall be indicated on a Tree Survey, the Tree Schedule and the Mitigation Plan. Ordinance Exhibit C Chapter 8 Page 6 of 29 Exhibit C 3. Mitigation by On-Site Replacement Trees a. When mitigation is to be met by the planting of on-site trees, the total inches planted shall be based on the mitigation calculation as listed in paragraph 0.1 of this section. b. All Mitigation Trees shall be from the preferred plant list and generally reach the same size at maturity as the tree(s) removed. c. Trees planted for mitigation may be used as credit towards the landscaping requirements of Section 8.04. 4. Mitigation by Payment or Off-Site Tree Replacement When it is determined by the Urban Forester that mitigation for Protected or Heritage Tree removal by the planting of trees on site is not feasible or desirable, e.g. planting capacity has been reached on site, an applicant may request to use one of the following alternatives or combination thereof in lieu of replanting on site, with the approval of the Urban Forester. a. Planting the required number of Mitigation Trees that would otherwise be required on-site in a City of Georgetown owned park or property or other publicly owned property (e.g., Georgetown ISD or Williamson County property) within the City or ETJ in the locations approved by the Urban Forester; or b. Payment of $200.00 per DBH inches of Heritage Tree removed, or $150.00 per DBH inches of Protected Tree removed, into a fund or account to be used by the City for planting, pruning, irrigation, maintenance and other associated tree activities in a City Park or other City-owned property. The payment(s) shall be made prior to final approval of the project. 5. Mitigation by Soil Aeration and Supplemental Nutrients An applicant may spend up to 30% of the total cost of required mitigation (based on fee-in-lieu calculation) for Soil Aeration and/or Supplemental Nutrients for on-site trees within the limits of construction, per the Technical Standards. To qualify for this mitigation option, the owner or general contractor shall select a fertilization contractor from the City's approved vendor list, or one otherwise approved in writing by the Urban Forester, and ensure coordination with the City's Urban Forester. The materials and methods for the Soil Aeration or Supplemental Nutrition mitigation shall be approved by the Urban Forester prior to final application approval. Soil Aeration Treatment shall commence after the completion of all site construction and prior to any landscape installation. Before the Certificate of Occupancy may be granted, the property owner shall file fiscal surety with the City to guarantee implementation of the stipulated Supplemental Nutrition program. All treated areas shall be mulched and remain un- cornpacted. D. Unauthorized Removal of a Protected or Heritage Tree Any person who removes a Protected or Heritage Tree in violation of this Chapter, accidentally or otherwise, shall be required to comply with the mitigation provisions of this Section, and, if the act is intentional, to pay a fine for each tree that is removed, as allowed by law, in addition to any penalties pursuant to Chapter 15. Mitigation for projects without active permits shall be based on the mitigation provisions applicable at the time of the violation, not those at the time of platting or other approval. Ordinance Exhibit C - Chapter 8 Page 7 of 29 Exhibit C 8.02.050 Tree Preservation Incentives and Priorities A. Tree Preservation Incentives 1. Impervious Cover Increase The Director may increase the amount of permitted impervious cover up to 5% for the preservation of Protected Trees beyond the amount required by Section 8.02.030.E. A 1% increase in impervious cover may be granted for each 1% percent of Protected Trees preserved beyond the minimum required per Table 8.02.030. For example, a site required to preserve a minimum of 30% of total Protected Trees may receive a 3% impervious cover bonus by preserving 33% of the Protected Trees on a site. The maximum impervious cover shall not exceed that specified in Section 11.02.010. 2. Parkland Dedication Credit The Parkland Dedication Requirement, detailed in Section 13.05 of this Code, may be reduced if a Heritage Tree is saved within the dedicated parkland area, subject to approval by the Parks and Recreation Director. The parkland dedication credit will be a 15-dwelling unit reduction in the number of units used to calculate the parkland dedication requirement for each Heritage Tree saved within the Parkland. Trees counted towards this credit shall have their entire CRZ located within the parkland area. Heritage Trees within the 100-year floodplain do not count toward this credit. 3. Parking Space Reduction The Director may approve a reduction in the number of parking spaces required by 10% for the preservation of a Protected Tree with a DBH of 20 inches or greater. A maximum of a 30% total reduction may be granted under this provision. This reduction is not applicable in the Downtown Overlay District. B. Tree Preservation Priorities 1. Heritage 'Trees The City values its Heritage Trees and, therefore, Heritage Tree protection may be considered for priority over conflicting UDC development requirements, including, but not limited to, setbacks, lot design standards, building heights, sidewalks, lighting, signage, parking design and numbers, drainage criteria, connectivity, driveway separation and utility extension and location. If there is a conflict between Heritage Tree protection and other provisions of this Code, the applicant may request an alternative standard or design, provided that public health and safety shall be maintained with all proposed designs. After consultation with the Urban Forester, an alternative standard or design that gives priority to Heritage Tree protection may be approved by the Director for administrative applications or the Planning and Zoning Commission and the Historic and Architectural Review Commission for applications under their approval authority. Appeal of a Heritage Tree Protection Priority decision by any of the approval authorities may be taken to the City Council. This appeal is required within 30 days of the approval authority's action. 2. Protected Trees The preservation of Protected Trees may take priority over the design and construction of public sidewalks, including the proposal of alternative locations, widths and materials, under the approval authority of the Director. The applicant may request an alternative standard or design, provided that minimum public health and safety standards are maintained, including ADA requirements. Ordinance xhbt C - Chptr 8 Page 8 of 29 Exhibit C Section 8.03 Residential Landscaping 8.03.010 Applicability The provisions of this Section shall be considered minimum standards and shall apply to residential properties within the City Limits, as defined in Section 8.01.040 of this Chapter. Also refer to Section 8.05 for the Residential Review Process and Section 8.06 for Plant Selection, Installation and Maintenance requirements. 8.03.020 Shade Tree Requirement A. At time of home construction, all new single or two-family homebuilders shall provide shade trees from the Preferred Plant List within each street yard at a ratio of one (1) tree per each 50 feet of street frontage, or portion thereof, exclusive of driveway. B. Existing trees preserved within the street yard may count toward the shade tree requirement using the ratios provided for in Section 8.04.020.B. If existing trees are to remain, the tree protection measures of Section 8.02.030.0 shall be followed. 8.03.030 Residential Lawns Any lawn or turf areas on a residential property shall be fully sodded or seeded in a warm weather grass variety in conformance with Section 8.06.020.C. Synthetic or artificial turf is not allowed. 8.03.040 Residential Parking Areas Pursuant to Section 6.02.040.B.3.h, some parking areas located in the required residential front yard may require screening from the street view. Section 8.04 Non-Residential Landscape Requirements 8.04.010 Applicability The provisions of this Section shall be considered minimum standards and shall apply to the development of all non-residential properties within the City Limits, as defined in Section 8.01.040 of this Chapter, regardless of zoning district, with the exception of the construction of accessory structures necessary for or directly related to the ownership or raising of livestock for agricultural purposes, including, but not limited to, barns, shelters, sheds or other structures. Additional plantings in excess of the minimum requirements are encouraged. Also refer to Section 8.05 for the Non-residential Review Process and Section 8.06 for Plant Selection, Installation and Maintenance requirements. 8.04.020 Landscape Tree Credits A. A tree credited towards a landscape requirement must meet the locational requirements of the provision for which credit is awarded (i.e. within the specified bufferyard) and, unless otherwise noted, may not be credited towards more than one landscape requirement. B. In order to maximize the preservation of existing trees, surveyed trees in good health that have a DBH of at least 6 inches and are listed in the City of Georgetown Preferred Plant List may provide credit towards the landscaping requirements of the following sections. Each existing tree preserved may provide landscape tree credits as indicated in the following table. Ordinance Exhibit C - Chapter Page 9 of 29 Exhibit C Table 8.04.020.B Landscape Credits for Existing Trees DBH in Inches Credit 6 to 19 1 tree 20 or greater 2 trees C. Additionally, trees planted to meet the mitigation requirements of Section 8.02.040.0 may provide credit towards the landscaping requirements of the following sections. D. Credit shall not be awarded unless protection of the CRZ of the credited tree is carried out as required for Protected and Heritage Trees in Section 8.02.030. Credit may be withheld, during review or inspection of the project, based on the assessed health, structure, growth habit, presence of disease or decline and the available growing space of the tree. 8.04.030 Street Yard Landscaping Each non-residential property shall provide pervious landscaped area and plantings within the street yard. These requirements are based on the size of the street yard as indicated below. Plantings provided to meet required Parking Lot and Gateway Overlay District landscaping requirements may be used to meet this provision, provided they are located within the street yard. A. Street yards less than 50,000 square feet shall provide: 1. Landscape area totaling 20% of the street yard; and 2. One (1) shade tree and 3 shrubs per 5,000 square feet of street yard. B. Street yards between 50,000 and 500,000 square feet shall provide: 1. Landscape area totaling 20% of the street yard; and 2. 10 shade trees and 30 shrubs per the first 50,000 square feet of street yard, plus one (1) shade tree and 3 shrubs per every additional 10,000 square feet of street yard thereafter. C. Street yards larger than 500,000 square feet shall provide: 1. Landscape area totaling 20% of the street yard; and 2. 55 shade trees and 175 shrubs per the first 500,000 square feet of street yard, plus one (1) shade tree and 3 shrubs per every additional 25,000 square feet of street yard thereafter. 8.04.040 Parking Lot Landscaping All non-residential surface parking areas or lots shall contain areas constructed, planted and maintained as landscaped islands, peninsulas or medians and shall contain shade trees to reduce the thermal impact of parking lots. Enclosed parking structures and vehicle display and sales areas are exempt from the Parking Lot Landscaping requirements set forth herein. Landscaping provided to meet this Subsection shall consist of Landscaped Areas and Shade Trees as outlined below and may also be credited towards the Street Yard Landscaping requirements, if they are located within the street yard. A. Landscape Area 1. Twenty (20) square feet of pervious landscape area shall be provided within the parking lot for each parking stall located between the building line and the street right-of-way. 2. Ten (10) square feet of pervious landscape area shall be provided within the parking lot for each parking stall not located between the building line and the street right-of-way. Ordinance C Chapter Page 10 of 29 Exhibit C B. Shade Trees 1. A minimum of one (1) shade tree is required per every 12 parking stalls provided. 2. Each parking stall in excess of the required shall be calculated as 1.5 stalls for purposes of required shade trees. 3. In order to maximize the distribution of shade, shade trees shaH be planted throughout the interior of the parking lot so that no parking stall is located further than 50 feet from the trunk of a tree unless otherwise approved by the Drector. 4. Planting areas for h tree shall have i i undisturbed 100 square feet and have a minimum interior dimension of 8 feet wide, exclusive of the curb dimensions, and shall be planted or covered with grass, mulch, ground cover or other approved Iandscape materials. These areas shall or excavated and filled with quality soil in accordance with the Tech | arde� These shall free other structures such as lighting or utility poles. 8.04.050 Gateway Overlay District Landscaping � � � �� � ="" =���"" The landscaping requirements in this Section are associated with the Gateway Overlay Districts established and detailed in Section 4.09. The following required fo U non-residential properties located along the corridors listed in Section 4.09.030, unless otherwise specified. A. General 1. The Gateway Overlay District landscape area shall be calculated by multiplying the lot width (measured in feet) along the gateway roadway right-of-way times the depth (in feet) of the landscape buffer. This square footage divided by 1,000 determines the landscape units for calculation. 2. All tree and plant species shall be from the City of Georgetown Preferred Plant List, or the Downtown Gateway Tree List, as included in the Development Manual. 3. Plantings provided to meet the requirements for Gateway Overlay District Landscaping may also be credited towards the Street Yard Landscaping requirements. B. Scenic and Highway Gateway Overlay Districts I. The landscape area shall contain at least 80% live vegetative coverage excluding the area required for driveways, sidewalks, bicycle paths, and drainage features, as allowed with limitations in Section 4.09.040.E. Fencing is not allowed within the landscape area. 2. Within the landscape area, plantings are required at a minimum ratio of two (2) shade trees and five (5) 5-gallon shrubs for every 1,000 square feet of land. Existing trees that are preserved within the landscape area may count toward the required tree o|anUnga, pursuant to Section 8.04.020. C. Downtown Gateway Overlay District 1. Landscape Buffer A1O-foot deep landscape buffer ia required adjacent to the desi nated G and will be measured from the property line. 2. Landscape Area a. The landscape area shall be landscaped and maintained with at least 80% live vegetative coverage excluding the area required for driveways, aidaxva|ks, bicycle padho, as allowed with limitations in Section 4.09.O4O.E. Fencing is not altowed within the Iandscape area. Ordinance Exhibit C Chapt Page 11 of 29 Exhibit C b. Within the landscape area, plantings are required at a minimum ratio of two (2) shade trees and two (2) 5-gallon shrubs for every 1,000 square feet of land. Existing trees that are preserved within the landscape area may count toward the required tree plantings, pursuant to Section 8.04.020. c. Downtown trees shall be spaced in a formal manner and shall meet the location requirements of Section 8.06.030.D. Only specific tree species are allowed in the Downtown Gateway Overlay, based on their height and size, which can be found in the Plant List in the Development Manual. 8.04.060 Bufferyards A. General 1. Bufferyards are required between certain land uses to prevent or minimize potential nuisances such as noise or light and to provide a transition between uses that may not be compatible with each other. 2. Landscaping required within bufferyards shall be provided in addition to the landscaping required in other sections of this Chapter. 3. All open space within a bufferyard shall be planted with grass or other vegetative ground cover. 4. A bufferyard may be designed with clusters of plantings to create a more desirable design. 5. No light fixtures, parking, dumpsters, storage, recreation facilities, accessory buildings or alleys shall be permitted within a required bufferyard. 6. A bufferyard may be interrupted in order to provide access (pedestrian or vehicular) to adjacent parcels. 7. Detention or retention ponds may be permitted to extend into a required Bufferyard, but only if the Development Engineer determines that there is no other feasible option for the detention of stormwater. If the pond is located within the required bufferyard, the requirements of this section shall be met in full within the remaining buffer area and additional screening or aesthetic treatment of the pond may be required depending on the location and circumstances of the site. 8. Where buffer requirements are in conflict with other requirements of this Code, the most restrictive standards shall apply. 9. Required fencing shall be located along property lines unless physical constraints exist that would prohibit such placement, as determined by the Director. B. Bufferyard Required 1. Table 8.05.020.A indicates the level of bufferyard required between each zoning district or land use. Letters "a" to "e" correspond with the information below the table and identify the type of bufferyard required and the specific situations in which the bufferyard is required. A box with a "2 indicates that a bufferyard is not required between those development types. The planting requirements of each type of bufferyard can be found in Paragraph "C" below. Ordinance !xhbft C - Chapt e Page 12 of 29 Exhibit C Table 8.04.050.B.1 Bufferyard Level Required Adjacent District w CL ce 1 1 0 t- o 5 AG c c c c c c c MH a a a a a TH a a a a a b MF a c c c c CN a a a a a a a C-1 c c c c c c C-3 c c c c c c OF c c c c c c c c PF c c c c BP c c c c c IN e e e e e e e d d d d d MU-DT a a a a a a a. A Low Level Bufferyard is required when non-residential development, as defined in Section 8.01.040, is proposed adjacent to residential development. b. A Low Level Bufferyard is required when a single-lot development is proposed in a TH District adjacent to an individual lot development in the MH District or when non-residential development, as defined in Section 8.01.040, is proposed adjacent to residential development. c. A Medium Level Bufferyard is required when non-residential development, as defined in Section 8.01.040, is proposed adjacent to residential development. d. A Medium Level Bufferyard is required when a property zoned IN District develops adjacent to a C-1, C-3, OF, PF or MU-DT District. e. A High Level Bufferyard is required when a property zoned IN District develops adjacent to a RE, RL, RS, TF, TH or MF District or when adjacent to an existing single-family home in the AG District. 2. A non-residential use developed in a Residential Zoning District will be required to provide a Low Level Bufferyard adjacent to residential development. 3. No bufferyards are required internal to a Housing Diversity Development. 4. No bufferyards are required internal to a multi-site unified development that is platted or site planned as such 5. An Administrative Exception to the requirement of a Bufferyard may be approved by the Director per Section 3.16 of this Code if it is determined that the application of a Bufferyard is not necessary and does not meet the intent of this Section. Ordinance ExhiLfgt C Chapter 8 Page 13 of 29 Exhibit C C. Specific Bufferyard Requirements 1. A Low Level Bufferyard shall consist of the following: a. A 10-foot wide planting area; b. Two (2) evergreen ornamental trees and 4 evergreen shrubs per each 50 linear feet of bufferyard. 2. A Medium Level Bufferyard shall consist of the following: a. A 15-foot wide planting area; b. One (1) shade tree, 2 evergreen ornamental trees and 8 evergreen shrubs per each 50 linear feet of bufferyard. 3. A High Level Bufferyard shall consist of the following: a. A 30-foot wide planting area; b. A solid 6-foot high screening wall constructed of brick, stone, reinforced concrete or other similar two-sided masonry materials; and c. Two (2) shade trees and 4 evergreen ornamental trees per each 50 linear feet of bufferyard. D. Development Adjacent to the ETJ A Low Level Bufferyard is required when a non-residential development is proposed in the City Limits that is adjacent to an existing single-family home in the ETJ that is platted and planned for residential use on the Future Land Use Map, 8.04.070 Screening A. General 1. All planting materials used for screening purposes shall be of an evergreen species. Screening is required in order to minimize visual impacts from surrounding properties and rights-of-way. Unless otherwise provided, screening requirements are in addition to all other landscape requirements and may not be credited or counted toward meeting other requirements. 2. All mechanical equipment and screening must be shown on the Landscape Plan. B. Parking Lot Screening 1. Vehicular parking areas shall be screened from street view and adjacent properties using methods as described below. a. All parking lot screening shall be achieved through one of the following methods: i. A planting screen (hedge); ii. A berm; iii. A wall; or iv. A combination of any of the above. b. Live screening shall be a minimum of 2 feet tall at time of planting, with predominately a mature height of 3 to 4 feet within 2 years, as determined by a landscape architect or other licensed professional. c. Live screening shall be planted in a prepared bed at least 3 feet in width. d. Plantings, fences or walls shall be set back a minimum of 3 feet from the curb or wheel stop to allow for the overhang of the vehicle. Ordinance -Exhibit C Chapter Page 14 of 29 Exhibit C e. A change in grade or elevation that provides an equivalent level of screening for the parking lot as the vegetative screen may be substituted for the requirements above, as determined by the Director. 2. Screening shall not be required between properties for parking spaces provided in conjunction with shared access and/or shared parking between those properties. C. Screening of Mechanical Equipment 1. All mechanical equipment (e.g. air handling equipment, compressors, duct work, transformers and elevator equipment), including roof-mounted equipment, shall be screened from view from all public rights-of-way and adjoining properties. 2. Screening shall result in the mechanical equipment blending in with the primary building, and not appearing separate from the building. 3. Screening shall consist or be constructed of the following materials, depending on the location of the equipment to be screened. When possible, materials should be consistent with the primary building materials. a. Planting screens; b. Brick, stone, reinforced concrete or other similar masonry materials; c. Redwood, cedar, preservative pressure treated wood or other similar materials; or d. Metal screening or louvers painted to blend with the primary building. 4. All fence posts shall be rust-protected metal, concrete-based masonry or concrete pillars. D. Screening of Waste or Recycling Containers 1. All waste and/or recycling containers shall be completely screened from public view at any adjoining street or property line. 2. All enclosures are to be at least 1-foot above the height of the waste container. 3. Waste container screening shall be maintained by the owner at all times. 4. Waste containers shall be located at least 15 feet from shade trees. 5. Dumpsters a, Dumpsters shall be located a minimum of 50 feet from the property line of any single or two-family zoned property and no closer to any street than the principal structure. b. Dumpsters shall be placed on reinforced concrete pads that are a minimum of 6 inches in thickness and sloped to drain. c. Screening shall be provided on four (4) sides and be comprised of: i. Brick, stone, reinforced concrete or other similar masonry materials that have a similar finish to the primary finish; or ii. Redwood, cedar, preservative pressure treated wood or other similar materials; or iii. Screening, comprised of large evergreen shrubs, may be proposed as an alternative if the Director determines it meets the intent of the screening requirement. d. All fence posts shall be made of rust-protected metal, concrete based masonry or concrete pillars. Ordinance Exhibit C - C tr 8 Page 15 of 29 Exhibit C e. Dumpster enclosures shall have steel framed gates with spring-loaded hinges or the equivalent. The enclosure shall have fasteners to keep the gate closed and tiebacks to secure the gate in the open position when accessed. f Six (6) inch diameter concrete filled steel pipes shall be located in corners and possible impact areas to protect the enclosure from truck operations. E. Screening of Loading Docks 1. Loading and service areas shall be located at the side or rear of buildings and be completely screened from public view at any adjoining street or property line. 2. Screening shall be provided on three (3) sides of the area by a wall or other screening mechanism, not less than 8 feet in height, comprised of: a. A wall that has a similar finish to the primary structure; or b. Screening comprised of large evergreen shrubs may be proposed as an alternative if the Director determines it meets the intent of the screening requirement. 3. Loading areas shall not be located closer than 50 feet to the property line of a single-family or two-family residence, unless located completely within an enclosed building. Section 8.05 Review and Approval Process 8.05.010 Residential Review A. Tree Preservation Plan A Tree Preservation Plan shall be required with each residential application for subdivision. No grading, excavation, trenching or tree removal shall occur until the Tree Preservation Plan has been approved and tree protection fencing is in place. The Plan shall consist of the following elements to ensure that each lot is buildable without the removal of Heritage Trees. 1. Tree Survey a. A Tree Survey shall graphically identify the location, size and species of all Heritage Trees. b. A Tree Schedule shall accompany a Tree Survey and shall list each Heritage Tree shown on the Survey and indicate the status of each tree. c. Tree surveys shall be valid for a period of 10 years with recertification of any trees shown on the survey to have a DBH of 24 inches or larger after 5 years. A new Tree Survey shall be required for separate phases of long term projects that extend longer than 10 years. 2. Critical Root Zone (CRZ) Protection Plan, if applicable A CRZ Protection Plan is required for Subdivision Construction plans where Heritage Trees are present and are planned to remain showing where tree protection fencing will be located. City of Georgetown Tree Protection Details from the Technical Standards shall be included with the plan. 3. Mitigation Plan, if applicable A Mitigation Plan shall include the mitigation required by this Chapter any time Heritage Trees are proposed to be removed. The plan shall list each Heritage Tree species and DBH to be removed, as identified on the Tree Preservation Plan, and provide calculations for both mitigation by tree replacement and/or by payment and identify which mitigation option is proposed to be used. The Urban Forester shall have the final decision on the selected mitigation option subject to appeal under 8.01.020. If mitigation is to be met by the on-site Ordinance Exhibit C - Chapter 8 Page 16 of 29 Exhibit C planting of trees, a Mitigation Tree Planting Plan shall be included depicting the location, size and species of the trees. B. Landscape Plan A Landscape Plan, in the form of required plantings shown on the plot plan for the building permit or a drawing showing requirements prepared by the owner or the owner's representative, shall be submitted for all new single-family or two-family development at time of building permit review. The plan shall show the proposed location and species of required trees to be planted and any Heritage or Landscape Credit Trees proposed to be preserved. Trees identified on this plan to be preserved require fenced protection during construction per Section 8.02.030.0 and the Technical Standards. 8.05.020 Non-Residential Review A. Tree Preservation Plan A Tree Preservation Plan is required for every application for non-residential development required by and subject to the provisions of this Code. No grading, excavation, trenching or tree removal shall occur until the Tree Preservation Plan has been approved. The Plan shall consist of the following elements: 1. Tree Survey a. The Tree Survey shall graphically identify the location, size and species of all trees with a DBH of 12 inches or greater. b. Tree surveys shall be valid for a period of 10 years with recertification of any trees shown on the survey to have a DBH of 10 to 11 inches or DBH of 24 inches or larger after 5 years. A new Tree Survey shall be required for separate phases of long term projects that extend longer than 10 years. 2. Tree Schedule, if applicable; A Tree Schedule shall accompany a Tree Survey and shall indicate the status of all surveyed trees on site. 3. Critical Root Zone (CRZ) Protection Plan, if applicable; and A CRZ Protection Plan is required for every application required by and subject to the provisions of this Code where Protected or Heritage Trees are present and are planned to remain showing where tree protection fencing will be located. City of Georgetown Tree Protection Details from the Technical Standards shall be included with the plan. 4. Mitigation Plan, if applicable A Mitigation Plan shall include the mitigation required by this Chapter any time Protected or Heritage Trees are proposed to be removed. The Mitigation Plan shall identify each tree to be removed (as indicated on the Tree Preservation Plan), label the DBH and status (Protected or Heritage Tree), and provide calculations each mitigation option available and identify which mitigation option is proposed to be used. If mitigation is to be met by the on-site planting of trees, a Mitigation Tree Planting Plan shall be included depicting the location, size and species of the trees. If Heritage Tree mitigation is required, a separate line item from the Protected Tree mitigation shall be required. Oriilmce Exrtibit C - Chapter 8 Page 17 of 29 Exhibit C B. Landscape Plan A Landscape Plan, prepared by a landscape architect licensed in the State of Texas, is required to be submitted and approved as part of a Site Plan application prior to issuance of a Building Permit for such development. Projects or limits of construction less than 5,000 square feet in size do not require preparation by a landscape architect. A Landscape Plan shall include the following: 1. Planting Plan The Planting Plan is a dimensioned and labeled drawing demonstrating compliance with all applicable requirements of this Chapter. The plan shall include all dimensions, types and quantity of materials, width of bufferyards and overlay districts, and size and spacing of vegetative materials. Existing trees to be used as landscape credit shall also be shown with the size indicated. All proposed mechanical equipment shall be depicted. Plans for projects involving additions to existing sites shall locate and identify any existing landscaping. 2. Landscape Summary Table The Landscape Summary Table delineates all requirements of this Chapter as they apply to the project as well as how those requirements are addressed on the Planting Plan. The Landscape Summary Table shall list each planting requirement and indicate the number of plants required as well as the number proposed. The Summary Table shall list any Landscape Tree Credits to be utilized and identify those plantings that are low water users. The Landscape Summary Table may be located on the Planting Plan. The template for the Landscape Summary Table can be found in the UDC Development Manual. 3. Irrigation Statement The Landscape Architect shall identify on the Planting Plan the type of irrigation to be installed for the landscaping design. 4. Preparer's Seal and Statement of Compliance The Landscape Plan shall be signed and sealed by the designer and include a statement of compliance certifying that the plans submitted for approval comply with the requirements of this Chapter. The seal and statement shall be shown on the Planting Plan. C. Changes to Approved Plans Adjustments to approved plans during construction that affect trees or landscaping must be reviewed and approved by the Urban Forester and/or the Planning Department. 8.05.030 Inspection and Approval of Installation A. Residential Installation Installation of required landscaping for all new single-family or two-family development shall be inspected at time of final building inspection. The owner or owner's representative may certify in writing that landscaping has been installed according to the approved plan. B. Non-Residential Installation 1. Certification of Landscape Compliance Prior to final inspection for Certificate of Occupancy and once all landscaping has been installed, the original sealer of the Landscape Plan shall submit a letter certifying the installed landscaping is in compliance with the requirements of this Chapter and the approved Landscape Plan. If the installed landscaping is not in compliance with the approved Landscape Plan, a final "As-Built" Landscape Plan indicating actual planting shall be submitted to the Planning Department for review and inspection. Ice x 'WM C pter 8 Page 18 of 29 Exhibit C 2. Irrigation Inspection Letter At time of final inspection for Certificate of Occupancy, the Landscape Architect shall provide a letter to the City indicating that the irrigation system has been installed in accordance with the requirements for irrigation per the approved Landscape Plan. 3. inspection The Planning Department and the Urban Forester shall, at time of final inspection, inspect all projects to ensure compliance with the approved Landscape Plan prior to issuance of a Certificate of Occupancy. With this inspection, the Urban Forester or the Director may reject any tree or vegetation that does not reflect the approved plans or does not meet the requirements of this Chapter and require replacement plantings. Upon the installation of trees, the owner or landscape architect shall notify the Urban Forester that the work is ready for final inspection. If faulty work or substandard plant material is found, the owner shall be notified of the necessary changes. 8.05.040 Postponement of Installation of Required Landscaping In the case of weather restrictions, seasonal or inclement, the owner of a residential or non-residential property may post fiscal surety for the full cost of the materials and installation of any remaining landscaping. The owner will then have 30 days from either 1) the date of the start of the next planting season or 2) the last day of the inclement weather situation to complete the installation. The City may draw on the fiscal surety and pay to complete the planting if it is determined that the owner has breached the obligations secured by the fiscal surety. A conditional Certificate of Occupancy shall be issued until such time that all landscaping is installed. See Procedures for Filing Fiscal Surety for New Development in the UDC Development Manual. 8.05.050 Alternative Landscape Standards Alternative landscape standards, certified by a Landscape Architect, may be proposed and submitted to the Director for approval of an Administrative Exception per Section 3.16 of this Code, provided the aesthetic, buffering and environmental intent of the requirements of this Chapter are met. The Director may approve alternative i ii in n t esi spacing, locations, numbers and species. The use of above ground architectural planters may contribute toward up to 10% of the fulfillment of landscape requirements, as approved by the Director. Section 8.06 Plant Selection, Installation and Maintenance 8.06.010 General A. Unless otherwise noted, the plant selection, installation and maintenance requirements of this Section shall apply to the required plantings for both residential and non-residential development. The standards herein do not apply to those plantings voluntarily planted and not otherwise required by this Chapter. B. Plant materials required by this Chapter shall conform to the American Standard for Nursery Stock. C. Consideration shall be given to the selection of trees, plants and planting locations to avoid problems such as clogged sewers, cracked sidewalks or foundations and power service interruptions. 0. All planting shall be designed to consider the level of expected maintenance and provide a neat and clean appearance. E. All required landscape areas shall consist of at least 50% plant material. Ordinance Exhibit C - Chapter $ Page 19 of 29 Exhibit C F. The installation of fountains, public spaces, exterior furniture, bicycle racks and other outdoor pedestrian amenities, located within or adjacent to landscaping, is encouraged; however, hardscape features shall not predominate the use of living plant materials. 8.06.020 Plant Materials and Size Requirements A. Species 1. All required plant materials shall be selected from the City of Georgetown Preferred Plant List. Other plant materials may be used if determined by the Director to be equivalent in quality, adaptability and low-maintenance as those listed therein. 2. When more than 5 trees or 10 shrubs are to be planted to meet the requirements of this Chapter, a mix of species shall be provided wherein no more than 25% of plantings may be from the same species. 3. Of the required plant materials, at least 50% shall be low-water users, as identified on the Preferred Plant List. 4. Prohibited plant species, as identified on the Prohibited Plant Species List in the UDC Development Manual, are required to be removed at time of site development, unless they are located in an area designated on the Landscape Plan as an approved Natural Area The retention of any of these species must be based on the health and welfare of surrounding Protected and Heritage Trees and must be approved by the Director. No new plants identified on the Prohibited Plant Species List shall be installed and existing plants are excluded from meeting any planting requirements. 5. Controlled plant species, as identified on the Controlled Plant Species List in the UDC Development Manual, are excluded from meeting any planting requirements. No new plants identified on the Controlled Plant Species List shall be planted, unless approved by the Director. Controlled plant species do not have to be removed from a site. B. Minimum Size Requirements for Plants and Trees Unless otherwise specified in this Chapter, plants and trees required by this Chapter shall be of the following minimum sizes at the time of planting. 1. Landscape Trees a. Shade trees planted to meet the requirements of this Chapter shall be a minimum of 3 caliper inches measured at 6 inches above finished grade or have a 3-inch DBH. b. Ornamental trees planted to meet the requirements of this Chapter shall be at least 15- gallon container grown nursery stock. 2. Mitigation Trees Mitigation Trees, as required by Section 8.02.040 of this Chapter, shall be a minimum of 3 caliper inches measured at 6 inches above finished grade or have a 3-inch DBH. 3. Shrubs Shrubs planted to meet the requirements of this Chapter shall be at least 1-gallon container grown nursery stock, unless otherwise specified by this Code. 4. Vines, Ornamental Grasses and Ground Cover a. Vines planted to meet the requirements of this Chapter shall be at least 1-gallon container- grown nursery stock. Ordinance Ex ibit - CP ter 8 Page 20 of 29 Exhibit C b. Groundcover planted to meet the requirements of this Chapter shall be at least 4-inch container-grown nursery stock. c. Ornamental Grasses planted to meet the requirements of this Chapter shall be at least 1- gallon container-grown nursery stock. C. Lawn or Turf Grasses 1. Grassed areas should be planted with drought resistant species normally grown as permanent lawns, such as Bermuda, Zoysia, Buffalo or any other variety as approved by the Director. Heavily shaded properties that receive less than six (6) hours of sun may be planted with Saint Augustine or other shade grass. 2. Grassed areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or on 3:1 or greater slopes or other areas subject to erosion. 3. Synthetic or artificial lawns or plants are not allowed. 4. Winter Rye shall be considered only as a temporary measure to reduce soil erosion through the winter season and shall be completely replaced with permanent turf grass during the following planting season. 8.06.030 Installation Requirements A. All required landscape materials shall be installed according to American Association of Nurserymen (AAN) standards and as per the Technical Standards. B. In order to conserve water, reduce maintenance and promote plant health, plant species should be staggered or clustered as necessary based on their water and light needs and growth rate and size. C. Landscaping shall be designed to meet the City's traffic safety standards as adopted in the Code of Ordinances and must maintain safe and unobstructed visibility along and at intersections of roadways, driveways, drive aisles, access easements, recreational paths and sidewalks. D. Location 1. Required landscaping shall be placed upon that portion of a tract or lot that is being developed. Undeveloped portions of a tract or lot shall not be considered landscaped, except as specifically approved by the Director. 2. All new shade trees shall be planted so they have a minimum pervious area of 4 feet from the trunk in all directions. 3. All new ornamental trees shall be planted so they have a minimum pervious area of 3 feet from the trunk in all directions. 4. Trees or plants shall not be placed in locations within easements that may interfere with site drainage. 5. Ground cover shall be planted to provide for quick coverage and to discourage erosion and weed growth. 6. Tree and Utility Conflicts a. Special attention shall be given to the use of appropriate species located under or adjacent to overhead power lines or near underground utility lines. Plans proposing species that do not address this provision will not be approved. b. Overhead power lines require the planting of low growing trees, maturing to a height and spread not encroaching within 5 feet of the lines. Ordinance xhhft C - Chpter 8 Page 21 of 29 Exhibit C c. When there is a conflict between the location of required trees and overhead or underground utility lines, the Director may approve alternative tree locations, spacing, species and/or numbers. 7. Landscaping in the Right-of-Way a. The placement of shrubs, trees, irrigation or hardscape features in the right-of-way shall require approval of a License to Encroach. Turf grasses shall not require a License to Encroach. See the UDC Development Manual for more information. b. The City may at any time require such landscaping to be removed, without responsibility or liability to the City, and require replacement of any required plantings at the owner's expense. c. No landscaping, excluding grass, shall be placed in an area of right-of-way where a roadway improvement has been funded for such location, unless and until such project has been completed. E. Landscape berms installed to meet the provisions of this Chapter shall have a maximum side slope of 3 feet to 1 footand shall be stabilized with vegetation, including turf grass or groundcover, to prevent washout. Planting beds are allowed on landscape berms. 8.06.040 Maintenance Requirements A. Maintenance Responsibility The current property owner, or the manager or agent of the owner, shall be responsible for the maintenance of all required tree and plant materials. A homeowners association shall assume responsibility for the maintenance of designated common areas. B. Health and Viability of Plant Materials 1. Landscaping shall be sufficiently fertilized and watered as necessary to maintain the plant material in a healthy condition. 2. Landscape areas shall be maintained so as to present a healthy, neat and orderly appearance at all times and shall be kept free of refuse and debris. C. Dead Trees, Plants or Materials 1. Maintenance will include the replacement of all dead plant material, including mitigation trees, if that material was used to meet any of the requirements of this Chapter. 2. Dead trees or plants shall be replaced with the same amount, type and size of landscape material originally required or an approved substitute. 3. Existing trees that were required to be preserved during site construction must survive for at least a two (2) year period after the Certificate of Occupancy is issued or shall be replaced according to the current mitigation requirements of this Chapter. 4. Dead trees or plants shall be replaced within 6 months of notification, or by the beginning of the next planting season, whichever comes first. D. Protected or Heritage Tree Damage No act shall be allowed, accidentally or otherwise, that may reasonably be expected to cause a Protected or Heritage Tree to die or be damaged or to otherwise harm the aesthetic value, including, but not limited to, topping or excessively pruning more than 30% of the viable portion of a Protected (non-residential only) or Heritage Tree crown; inappropriate shaping (i.e. topiary); damaging the root system; compacting the soil; changing the natural grade or paving. The remedies for such act shall be determined as follows: Ordmnce Exhibit C Chter 8 Page 22 of 29 Exhibit C 1. If the Urban Forester determines the tree has been damaged, the property owner shall be required to take action to assure the future vitality of the tree, including but not limited to chemical treatment, construction of protective barriers or any other methods as may be required by the Urban Forester. 2. If the Urban Forester determines that the damage is so great that the tree is no longer reasonably sustainable, the tree shall be required to be removed at the expense of the property owner, in addition to the mitigation provisions in Section 8.02.040 and possible penalties pursuant to Chapter 15. Mitigation for projects without active tree removal permits or approval shall be based on the mitigation provisions at the time of the violation, not the standards at the time of platting or other approval. E. Heritage Tree Pruning Permit Pursuant to Section 3.23 of this Code, it shall be unlawful to prune a Heritage Tree without an approved Heritage Tree Pruning Permit. All approved pruning must be performed by an International Society of Arboriculture (ISA) Certified Arborist, or under the supervision of an ISA Certified Arborist, and must follow the American National Standards Institute (ANSI) A300 standards. Heritage Tree Pruning Permits do not apply to lots containing constructed single-family and two-family dwellings. 8.06.050 Irrigation Requirements A. All non-residential development shall use one of the following irrigation methods to ensure survival of the required plant material in landscaped areas: 1. Conventional System An automatic or manual underground irrigation system that may be a conventional spray or bubbler type heads. 2. Drip Irrigation System An automatic or manual underground irrigation system in conjunction with a water-saving system such as a drip or micro irrigation system. 3. Temporary and Above-Ground Watering Landscape areas utilizing low water usage plants and installation techniques, including areas planted with native grasses and wildflowers, may use a temporary and above-ground system providing irrigation necessary to establish the areas. B. Trees shall have at least one (1) bubbler installed per newly installed tree. C. Irrigation lines shall be arranged so as to not require trenching that will affect the roots of any trees to be preserved. Lateral trenching should be used when it is necessary to trench in the CRZ and areas should be hand dug. D. No irrigation shall be required for undisturbed natural areas or undisturbed existing trees, as approved by the Director. Tree wells and islands count as disturbance when containing existing trees and will require irrigation. E. Irrigation systems shall be programmed to meet the watering restrictions of the water provider and to not water during rain events. go?. Exhibit Chapter 8 Page 23 of 29 Exhibit C 8.06.060 Removal of Required Landscape Trees, Shrubs and Turf If a property owner of a non-residential development wishes to remove healthy trees, shrubs or turf that were part of a previous approval, a request may be made to the City using the procedures in the Development Manual. Based on the information submitted, the City will decide if the request will be granted on a case-by-case basis. Justifiable reasons for such requests include, but are not limited to: 1. Tree canopies have become crowded and are hindering growth of other trees; 2. Trees are blocking existing signage; 3. Trees are causing a potential line of sight hazard; and 4. The overall health of the tree. For any tree approved for removal, mitigation is required using the calculations in Section 8.02.040.C. Mitigation Trees must be planted along the same side of the building or same area of the parking lot as the removed tree(s), unless an alternative location is approved by the Urban Forester. Other conditions of approval may be required by the Urban Forester and/or the Director. Section 8.07 Fence Standards 8.07.010 Purpose Standards governing fences are established to allow for privacy, access to light and air, the protection of property, assurance of safety and security, and an aesthetic appearance consistent with the quality of life standards of Georgetown. For the purposes of this Section, fences shall include all barrier structures meant to provide security or block views of property, and include walls, fences or similar structures. 8.07.020 Permit Required A Fence Permit is required to erect any fence on property within the City Limits, unless otherwise specified below. A. A permit is not required for Agricultural uses. B. A permit is not required for pet or livestock, garden or similar fencing if such fence is located interior to a property that contains a perimeter fence. C. A permit is not required for minimal alterations, such as replacements of pickets, panels, posts or other materials as long the changes do not exceed 1/3 of the facing of the fence. Such alterations shall be in compliance with the original permit and/or the provisions of this Code. Any vertical or linear additions shall require a new permit. 8.07.030 General Requirements The following apply to all fences within the City Limits, regardless of use or zoning district. A. Structural integrity All fences shall be constructed to perpetually maintain structural integrity against natural forces such as wind, rain and temperature variations. Fences constructed of chainlink, welded wire, picket, or similar materials shall require a minimum of two (2) support rails spaced at least 1/2 of the total height of the fence apart. B. Maintenance Fences shall be kept in good repair and in a safe and attractive condition, consistent with the design established with the Fence Permit. Ordinance Exhibit C - Chapter 8 Page 24 of 29 Exhibit C C. Fence Materials 1. Allowed Wood, stone, rock, concrete block, masonry brick, brick, decorative wrought iron, chain link, welded wire or other similar materials of comparable aesthetic and durability. Allowed materials may be restricted in certain circumstances, per the provisions of this Section, and are allowed by right in all other instances. Materials such as barbed wire, razor wire and electric fencing are only allowed with the limitations specified in this Section. 2. Prohibited Products manufactured for other uses and not originally intended to be permanent fencing are prohibited. Some examples of prohibited material include but are not limited to: Plywood, paper, plastic, fiberglass panels, chicken wire, fabric or sheet, roll or corrugated metals. 3. Director Approval Fence Material that is prohibited or not explicitly allowed in this Section may be considered by the Director, following the process detailed in Section 8.07.080. D. Height Measurement Fence height shall be measured from ground level on the higher side of the fence or wall. E. Finished Side of Fence For all fences, the finished "face" side of the fence (opposite the structural supports) shall face all public streets and public parkland. F. Sight Triangle In accordance with the "Sight Triangle" requirements in Section 12.03.050 of this Code, no fence or wall more than 25% solid or more than 3 feet tall shall be located within 25 feet of the right-of- way at the intersection of two streets, or within 8 feet of the intersection of a street and an alley. G. Messages and Signs All messages or advertising on fences or walls shall be considered signage and are not allowed on fencing unless permitted in accordance with the sign provisions of Chapter 10 of this Code. H. Temporary Fences Temporary fences are allowed without a Fence Permit, but only for a site with an active Building Permit, Stormwater Permit or part of a roadway construction project. The temporary fence shall be removed at the expiration of such a Permit or the conclusion of construction, whichever occurs first. Temporary fences needed for any other purposes are permitted and shall receive a Fence Permit from the Building Official. I. Electric Fences Electric fences are allowed without a Fence Permit, subject to the following: 1. Electric fences shall not be permitted within 10 feet of any public rights-of-way or sidewalk. 2. Electric fences shall be placed a minimum of 2 feet from all private property lines. 3. A "Warning: Electric Fence in Operation" sign at least 12" x 12" in size shall be posted at intervals of not more than 50 feet apart and located not more than 1 foot away from the fence. J. Drainage and Utility Conflicts All fencing that will cause a diversion of water runoff or otherwise prevent the natural flow of stormwater shall require review by the Development Engineer prior to approval. Walls or other fencing proposed to be located near a public utility easement or buried or above-ground utility equipment that are made up of masonry or a similar product and containing a poured foundation Ordinance Exhibit C - Chapter 8 Page 25 of 29 Exhibit C shall require review by the Development Engineer prior to approval, and may require a License to Encroach pursuant to Section 3.21. K. Health and Safety All fences and fencing locations shall be in compliance with the requirements of the adopted Building Code, Fire Code or any other health and safety provision adopted by the City of Georgetown. In the event that a Building Code or Fire Code requirement supersedes any provision in this Section, or would make such provision unworkable, those codes shall govern. 8.07.040 Residential Fences Fences for single-family, two-family and townhome uses are allowed in accordance with the following provisions. A. Fences located in a front yard or a side setback abutting a local or collector-level street are allowed with the following limitations: 1. Fences shall be limited to 4 feet in height. 2. Fences shall be at least 50% transparent. For example, a wrought iron fence or picket fence that has openings the width of the picket. 3. Chainlink fences are prohibited in these locations. B. Fences in all other locations are allowed with the following limitations: 1. Fences located in a rear setback abutting a local or collector-level street are allowed with the limitations in this Section, but shall be set back a minimum of 10 feet. 2. Fences shall be limited to 6 feet in height. 3. Fences abutting public alleys shall be limited to 5 feet in height. 4. Fences may be increased to a maximum of 8 feet in height in the following circumstances: a. If the adjacent use is non-residential, in which case only a fence on the property line abutting the non-residential use may be allowed the increase in height. b. If the adjacent use is residential with a home height of two stories or greater. c. If the fence is more than 50% transparent. d. If the fence is placed is in a location where the topography of the land dictates the need for additional height for privacy, at the discretion of the Building Official. e. If the fence is set back a minimum of 3 feet, with evergreen shrubs placed between the fence and the right-of-way. f. If the fence is adjacent to a roadway where the right-of-way width is greater than 120 feet. g. For fences that would not meet the above circumstances, the Director may consider a request for an Administrative Exception, as described in Section 8.07.080. C. Barbed wire fences are not allowed on lots of less than 2 acres. D. Sports fencing is allowed only in rear yards and set back from all property lines at a distance that is 1.5 x the height of the sports fence. The sports fence shall be a maximum height of 15 feet. 8.07.050 Apartment Fences Fences for apartments are allowed in accordance with the following provisions. The following shall not preclude compliance with any required screening or bufferyard provisions of this Code. A. Wrought iron or similar material is allowed within the front and side setbacks abutting a local or collector-level street at a maximum height of 6 feet. No other fence materials are allowed in such setbacks. Ordinance Exhibit ChaaTter 8 Page 26 of 29 Exhibit C B. Wood fencing is allowed on property lines abutting private property, but not allowed in any street setback. C. Residential Boundary Wall requirements in Section 8.07.060 shall be met. 8.07.060 Residential Boundary Walls In order to provide a cohesive aesthetic appearance in a manner planned and constructed by the developer, all single-family, two-family, townhome and apartment development that is bounded on any side by a major collector, arterial or freeway, as classified in Section 12.03, shall provide a boundary wall or similar perimeter buffer along that roadway using the following criteria. Assumption of responsibility for the maintenance and integrity of the boundary wall or portions thereof shall fall to the Home Owner s Association or in the case there is not an HOA, the property owner on whose lot line the wail is situated. A. An opaque masonry wall shall be constructed along the right-of-way line at least 5 feet in height, but no taller than 6 feet in height. No additional fencing may be added to the wall. B. Development located in a Gateway Overlay District, established in Section 4.13, shall meet all requirements of the District. In such instances, the boundary wall shall be located along the innermost boundary of the required Gateway landscape buffer. The Gateway landscape buffer shall be situated on a platted lot that is owned and maintained by the owner, developer, neighborhood or homeowner association or other entity acceptable to the Director. C. Articulation is required for boundary walls and shall be achieved either by: 1. Masonry columns, or similar column effect as approved by the Director, using different materials than the wall, spaced no more than 125 feet apart; 2. Variations in depth achieved either through offsets of at least 5 feet deep, plant material groupings, breaks in walls or other variations as approved by the Director, occurring every 80 feet; or 3. An alternative articulation design approved by the Director per paragraph D below that meets the intent of this Section. D. Exceptions to the preceding requirements may be considered by the Director in the following circumstances and approved if the Director determines that the intent of this Section has been met. Exceptions shall be processed as an Administrative Exception, using the procedures described in Section 3.16. If the land adjacent to the applicable roadway is occupied by a park or open space, unusual topographic conditions, local street, residential front setback or other similar space not occupied by a residence, the Director may consider a request for a combination of open space, berms, landscape features, plant material, and/or alternative screening wall material, another boundary wall location, or a release from the requirement. 2. If a developer chooses to prohibit fencing or offer a planned alternative that is codified on the plat, construction plans and deeds and covenants, the Director may consider a request for a combination of open space, berms, landscape features, plant material, and/or alternative screening wall material, another boundary wall location, or a release from the requirement. 8.07.070 Non-Residential Fences Fences for non-residential uses are allowed in accordance with the following limitations. Non-residential fences shall be constructed of materials that are architecturally compatible with the principal structure. A. Fences located in the front and side setbacks abutting a local or collector-level street are allowed only with the following limitations: Ordinance Exhibit C Chapter 8 Page 27 of 29 Exhibit C 1. Fences shall be limited to 4 feet in height. 2. Fences shall be at least 50% transparent. For example, a wrought iron fence or a picket fence with openings the width of the picket. 3. Chainlink fences are prohibited within these locations. B. Fences located in a required setback adjacent to a public right-of-way shall not be located in a public or landscape easement. C. Fences located along a lot line shall not exceed 8 feet in height, unless otherwise specified in the Code. D. The finished side of all fences built to comply with any provision of this Code shall face outward toward each adjoining property. E. Sports fencing is allowed only with a setback from all property lines at a distance that is two times the height of the sports fence. F. Exceptions 1. Fences for industrial uses may be located in any street setback, but no closer than 10 feet from the right-of-way line. Such fences may not exceed 6 feet in height. 2. Fences for industrial and utility uses may use barbed wire above any conventional 6-foot fence as long as the total height does not exceed 8 feet. Such fences shall be located a minimum of 20 feet from a public right-of- way. 3. Fences using razor ribbon or razor tape are allowed only in conjunction with a jail or other public detention or correctional facility. Such fences shall be located a minimum of 40 feet from a public right-of-way. 4. Fences using materials required by another governmental entity for a stated safety or security purpose may be allowed using appropriate height, materials and locations determined by the Director. 8.07.080 Alternative Fences Through the Administrative Exception process detailed in Section 3.16 of this Code, the Director may consider alternatives to the provisions of this Section. Justifiable reasons to consider an alternative include, but are not limited to, the protection of trees, the location of existing structures on a site, location and materials of existing fences, unique topographical or other physical constraints. In addition, the Director is authorized to determine whether direct application of this Section would create an unsightly effect and could be better achieved with an alternative design. The Administrative Exception may be granted if the Director determines that the proposed alternative clearly meets or exceeds the quality of design that this Section seeks to promote and that the following assurances listed below are met. The following may be proposed to the Director for an alternative: A. Fence material, as long as the alternative material(s) meet or exceed the minimum aesthetic and durability standards of this Section. B. Fence location, as long as the alternative location does not affect health and safety standards and can be proven to be seamlessly integrated with the surrounding neighbors and design of the neighborhood. C. Fence height, as long as evident safety concern arises from the height standards provided for in this Section, notwithstanding the allowances in 8.07.030.B.4. D. An Administrative Exception is not required for any health and safety determination, hazardous material security or any other exceptions explicitly stated in this Section. Ordinance Exhibit C Chapter 8 Page 28 of 29 Exhibit C 8.07.080 Fences Required By Particular Zoning Uses Chapter 5 of this Code contains provisions for fencing materials, heights and locations associated with particular uses that are allowed with limitations in certain zoning districts. Below are references to each such provision with the corresponding section number. A. Day Care — 5.030.020.B B. Bed and Breakfast — 5.04.020.A and B C. Offices in the RS District — 5.04.020.J D. Self-storage — 5.04.020.P E. Fuel sales — 5.04.020.S F. Intermediate Utility Services — 5.05.020.B G. Outdoor Storage, Limited — 5.09.030.B H. Outdoor Storage, General — 5.09.030.0 Ordinance Exhibit C - Chapter 3 Page 29 of 29 Exhibit D Chapters 9 and 11 Chapter 9 9.02.020 Parking Exceeding Minimum Requirements Sect.ion 8.04.040.B.2, each arki. stall in excess of the.reswired shall be::.:Caltulated as le5:...Stalls for purpps.es of the rectuired shade trees. Chapter 11 11.02.020 Waiver of Impervious Cover Limitations The Director shall increase the amount of impervious cover as specifically listed below, upon verification by the Development Engineer that the development meets the waiver criteria. No combination of waivers may allow impervious cover to exceed the maximum provided. Partial credit of each of the following waivers may be granted. A. Approved Waivers 4. Over-Provision of Landscaping (3%) The Director may consider an shall increase to the amount of permitted impervious cover by 3% pereelit if the development exceeds the total amount of landscaping plants and trees and tree canopy arca rcquircrncnts required by Section 8,.04 by 3o%. The types of plants and trees shall be a mix of annuals and perennials, evergreen and deciduous and may be planted anywhere on the site.-er 5. Tree Preservation (50/0) **This section left intentionally blank for future text addition** The Director shall increase the amount of ermitted impervious cover up to 5% for the preservation of Protected Trees beyond the amount required by Section 8.02.030.E, A 1% increase in impervious cover may be granted for each percenta e of Protected Trees preserved beyond the minimum re uired.. For example, a site required to preserve a minimum of 30% of total Protected Trees may receive a 3% impfzivious cover bonus ky preserving 33% of the Protected Trees on a site. Preserved trees meetijag the definition of this waiver shall be included and identified in the Tree Preservation Plan and shall meet all other applicable provisions of Chapter 8. The maximum impervious cover shall not exceed that specified in Section 11.02.010. Ordinance Exhibit D - Chapters 9 & 11 Page 1 of 8 Exhibit D 6. Landscaping in the Extraterritorial Jurisdiction (7%) The Director may consider an shall increase to the amount of permitted impervious cover by percent 7% for development in the extraterritorial jurisdiction that shows compliance with the landscaping and tree canopy arca requirements of Section 8.04. and installcd and maintaincd as rcquircd by Section 8.14. ;-„'.E-1-74.43,...4434:34Pk-11::ree-rte.,..411.1:!Viii7erfOrkibtte'rk iLi6(,3:?,attN.1-9-Tfee-PFeteetieft-Piian:,-Fteqttifeti Ordinance Exhibit D - Chapters 9 '&11 Page 2 of 8 Exhibit D 14:7::-.11,.<3.1,„:415004ififs.,,IsBeinfulEVieffrd-itgkSetielss AR-Perisese th?e-3,3-ireetef, 87-Defieritkas Ordinance Exhibit D - Chapters 9 & 11 Page 3 of 8 Exhibit D rl;,,-ra:t}t-ases,,,qe,ira;eti,:}viee,drifr-Sii,e-,.eti,ere4i))-r4qr:.ir2aek-t$iaf..IIArte4WaOpeErfqr42rfBaEaoe4E-7,ikEP,.'Hkge 4A4)44-4.2-.C1rE4rtl.3,,JaaGaEle-va,fth.effi-tra44€94N.„,..a.-:,,T3T-4.reerg6viilrefrik9alliTtg-4ziii„.64.i.. arra 2:',--rre'=d4rPir6E.ii.-iagHnr,e,tstj.*-elaerfEHHIi.frdrETrare44,ib,m1*e4efbi„,r.P,!iek,ea4ea,.7e,e,,s-arIEii+t4,F,eife..:r,4ere:,.P4-4,*iF4- A.:e-b-,e,T.4.fkee.e,ri,Hieie.=,F44-.1,.eesirf.ar',.Fvea&,,aIaaaia4&Ar444'04.edeA44i.iA.rfead-fFiu'etefe4144-11f'HA-iI'eii:Ean 1.„ ira:24Rrn3s433,4e1;rHypeael--4-1:0.gareuaidai-FT.,ef.,':rae,4.:p040!„.•:srs4,641:15Erim.4e.Fr!e?i,,Jety-ftilf>i5,3,147e1±,E1-tirte ,art-aeee,r.r,f,arreC:rre14:.ereeler,rrve-J4-eF,--zi,.IIEa4F,re'rr.„':4iafr.„-,a:i.AkO44kr4":rII,r'AWr:Kei,geferirvTe. • 3 r.Dearda.a.pri":.0,-.sef.1--:k.4.;0,.o.4r---141-tl't.e--4zsjit3iiiq7.FEffeS:teHF-eriE-OtEPt-liTA,:-.-fz.T.:-eirtified:-AF4S'E)-F'i:St---Eiete.l'FF;TIRE.!-St.,--taa..S-e'et 4 Clear 2:9-1-1,e-anf.1.--Sightatirkaligle&,,---44,elri-tee.x.e:TV,reeerteeatiN514-eirthe-A4.3eFrerfeClecarrzeft.ereia.the,„..s.if,;:hct„, fir-Heri-titger:Fpee-Rentovalrev-Prtini-nt-Pevly.gtefi,ppilefR4enrReqiiivefaents Ordinance Exhibit t C apters 9 & 11 Page 4 of 8 Exhibit D a c D a Chapters 9 11 Page 5 of 8 Exhibit D '1.19:e--efe-dit-teFv--pafldand-.Ekdieatient-=v,-v441-lse-fiv•-e:-(5).-diA:.xellditg--u.,nit.-Fe4at-Aiaa-ifi-tjae- rt::arnjaer-ef-unitS--USeet-t0-eitdeli-hilk:HtEhe-p-afR,hII'td--dzetr.:4eatie.i.',E,EeErdirefrteiat-fef-e-aeh--.Fie-itagre:.1HF-ee ErHerttege-Tree-Pfeteetiewfkwimg-Gsfestfuettee humc Exhibit Chapters 9 & 11 Page 6 of 8 • • Exhibit D ethief --type-5-€.4--jb•ac.-atfia-e.551-t-i3ii-/- •-•€-.43-1-1,-1-_N.E-tien--E.3-177.---„,!,.3•FE-)-tE.,-,.€144i-e. Ordinance Exhibit D - Chapters 9 Of. 11 Page 7 of 8 Exhibit D Ordinance Exhibit D - Chapt 9&1i Page 8 of 8 Exhibit E Chapter 16 Definitions Section 16.02 Definitions Ame ty Center. See Neighborhood ArnenitygActivity or Recreation Center. ArboristiSertified. A s ecialist certified by the International Society of Arboriculture (ISA) in the care and maintenance of trees. As-Builts. Plans and sgecifications that clearly denote all inal construction. visual clutter, dust, loss of privacy, air circulation, and other negative externalities shall bc abated. Bufferyard: A combination of physical spaces and vertical elements such as plants, berms, fences, or walls, the purpose of which is to separate and screen incompatible land uses from each other. Building Wail. Any vertical edition under the roof of a dwelling unit or accessory structure. Building Wall Surface Area. The total vertical wall area, including windows, of a building when seen in an elevation view of the building. Roofs, including mansard roofs, having a slope of greater than 65 degrees shall be considered part of a wall surface for the purposes of this ordinance. (See for comparison "roof") Caliper. Diameter at three fcct above natural grade. • It 4 ; V1'.; split into multi trunks below 1.5 feet thc diameter shall as the SUM of each individual trunks feet above the ground level Caliper. The American Association of Nurserymen standard for trunk measurement for nursery stock. Caliper of the trunk shall be taken six (6) inches above the ground for upgto and including four ellinch caliper s_ggiz_gL_a_nd tweive_g(12,_ above the ground for larder sizes. Critical Root one (CRZ). A circular region measured-outward from the trunk of the tree trunk representing the essential area of the roots that must be maintained or protected for the tree's survival4iveli4ee€17 The CRZ Critical Root Zone is calculated is mcasurcd as one foot of radial distance outward from the trunk for every inch of-the-tree DBH caliper. Critical Rs ot Zone (CRZ). A region m asurcd outward from the trunk of the tree representing the cscchtiai arca of thc roots that must bc conserved or preserved for the tree's livelihood.. The CRZ is mcasurcd as onc foot of radial distance outward from the trunk for every inch of the trcc caliper. Critical Root Zone Protection Plan. A plan that inaphicall identifies Protected Trees and Heritage Trees and clearly delineates the Critical Root Zone to be protected for each tree scheduled to remain on site. Diameter a Breast Height (DBH).—The diameter of a tree's trunk measured at a height four and one- half_(4.5) feet (1.3 meters) above naturaigrade_ground, mcasurcd as follows. "." """.• "; ; ;•■ half (1.5) feet along thc center of thc trunk axis, so thc height is thc average of the shortest and thc longest sides of thc trunk. Ordinance Exhibit E Chptr 16 Page 1 of 6 Exhibit E 27—Trunk branching lower than four and a half (1.5) fcct from thc ground: Thc trunk is measured a ••• • m• 41; "1. • • 37—Mufti stemmed trcc (a multi stemmed trcc is onc that has a visible connection bctwccn more trunks above ground): Thc trunk is mcosurcd by measuring all thc trunks and adding the total • !V II 111,• lines dropped from thc outermost edges of thc canopy of thc tree. Easement, Public Utili P.O.E.). An easement located on private propertyand dedicated for the construction and maintenance of a public utility purpose, includins draina e easements utilit easements,_ roadway .easements, and access easements. These easement s shall be free of intiproverrients such as, but not limited to, structures signs, parkn_g_lots etc. unless a License to Encroach is obtained per the provisions of Section 3.21 of this Code. Fence. A constructed barrier icallv designed for screenin enclosureyor prevention. of entry, o • 117, IF I • IP • • • • ID te IP 'DI do not exceed one half (1/2) inch. Fences using boards placed on alternating sides of fence runners shall be considered opaque if the boards overlap at least onc half (1/2) inch. Grass, Lawn or Turf. A type of herbaceous plant with jointed stems and slender sheathing leaves that is maintained at a uniform, low height and it icall tor._____Imos_e_d_of Bermuda, Zoysia, Buffalo or Saint AUG ustine varieties. ass, Ornamentai. A e of perennial that grows individually valued fo its teture and color in the landscaie as it often used to for a creative effect in landscape design. Ground cover. A dense extensive growth of low- rowin !ants, other than turfgrass, normally • $ reachin. an average maximum height of not more than twentv-four (24) inches at maturity. Hardscape. The non-livin elements used in landscape, i.e. decorative wails, ledges, fountainsy sculpture, stone paths. Irrigation Plan. Theygra hic de ittion of a_proposed mechanical watering system that illustrates the method and means of conve in appropriate water levels to the selected pilantinygys„ Irrigation Sysem. A permanent, automatic, underground water system of pipes or other conduits that is designed to transport and distribute water to landscape plant material based on its moisture needs for healthy growth. An Irrigation System may be automatic, manual or temporary as permitted by_this Code. Landscape or Landsea in The soi ater, landscape materials and hardscape tha affect the aesthetics and/or function of the land. s_c_ape Archi ect - . An individual currently registered and licensed by the State of Texas to practice landscape architecture, the profession which applies artistic and scientific principles to the research, planning, design and manasement of both natural and built environments. Landscapp Area. An area • of ound that can s.ut pEar t materials and that jis. been set aside for the presertaation, installation and maintenance of plant materials. Sidewalks and other impervious Ordinance •Khibit - Ch ter 16 Page 2 of 6 1 Exhibit E surfaces are not considered landscaped areas, unless they_Are otherwise allowed by Code within a landscaped area, Landscape Berm. An earthen mound designed to promote visual interest and topographic variety, as well as, screening undesirable views and aid in noise reduction. A berm shall have a minimum hcight of Berms shall not encroach upon the critical root zones of existing vegetation. ; Landsca 1r* Buffer, An area pianted and maintained to promote visual aesthetics and/or reduce and ease potential incompatibility between and among different uses of and in proximity to each other. Landscape Features. Landscaping items that include a combination and placement of plant material (trees, shrubs, vines, groundcover, turf, or flowers), natural elements (berms, rocks, stones, boulders, or water) and/or structural features (not limited to walkways, fountains, pool5L_outdoor art work, or benches). Landscape Material. Plants such as_grass ound cover shrubs vines hed es, trees and non-liv n material such as rocks„ pebbles, mulch or e ous decorativie # inn materials, Landscape Plan. The graphic and vvritten criteria, silecifications and detailed plans to arrange and, modify the effects of natural features such as plantings (existing and new round and water forms, drculation, walks irrigation, landscape lighting, erosion control, on site drainage and other features, Mitigation Calculation. The mathematical calculation of the amount of rediJired tree or monetary compensation for removal of Protected or Heritage Trees, Mitigation Plan. A plan, which ma be included with Tree Protection Plan, ttlthe trees that vvill serve as compensation for removed trees. Mulch. Organic materials customaril used in langscarie design to retard erosion, vveed infestation and retain moisture and for use in planting areas. Native Plant. Any plant species that is indigenous to Central and othcr regions of Texas. Natural Area. An area vvhere the natural! rown landscaping is left primarily undisturbed, except for the removal of oison ,,greenbriar, and similar veiretation and allowing for maintenance of the trees to maintain vi orous rowth. Planting Season. Generally, a erne period when the physical conditions are condudve for the installation of plant materials to help insure, their survival. In the Central Texas area these are generally March through June and October through December for general plant material and October through May for trees. Plant Materials. Living trees, shrubs, vines, ground covers, sod and flowering annuals, biennials and perennials adapted to the Georgetown soils and climate. Plastic fibrous, silk, or other non-live materials, are not considered plant materials, Plant Lis Preferred. Those ant s Jecies listed in the Develo ment Manual hich are proven to thrive in this region with fewer problems and e uiring less care to remain healthy. Pant Species, Controlled. Those plant species listed in the Development Manual which tend to become nuisances because of their ability to invade proximal native plant communities or native habitats, but which, if located and cultivated oberly may be useful or functional as elements of landscape design. rdinance Ex E - Chapter 16 Page 3 of 6 Exhibit E Plant Species, Prohibited. Those plant species listed in the Development Manual, which are demonstrably detrimental to native plants native wildlife, ecosystems, or human health„ safety, and welfare. Prune r Prunin : Cutting away unwantcd or damagcd parts of a tree. Removal of dead, dying, diseased, crossed, crowned or weakly attached limbs from a tree. The diameter and amount of wood removed is ap ropriate to size,_ species and age. 'tine; Screening. A method of visually obscuring structures or land uses (Le. parking or outdoor storage) from another with the use of one or a combination of fencing, walls, dense vegetation or berms, or other acceptable screening material. Shrub. Any self-supporting woody perennial evergreen and/or deciduous species normailyggrowing to a height of twenty-four 24 inches or greater characterized b multiole stems and branches continuous from the base. Soil Aeration. The introduction of air into the soil to alleviate soil compaction and improve its structure. Supplemental Nutrients. A mixture of beneficial tree growth chemicals and naturalit occurring elements that improve the overall health and vi or of a tree. Ty 'call iniected into the soil. Tree. Any self-supporting woody perennial plant species usually having a single trunk diameter of no less than two (2) inches at maturity, measured at one) foot above grade, and which normally grows in Central Texas to an overall minimum height of 12 feet fifteen (15) fcct. Tree Canopy. The horizontal extension of a tree's branches in all directions from its trunk. Tree, Credit. Existing trees on a site with a DBH between 6 and 11 inches that may be used towardthe re uired mitigation or landscape trees. Tree Damage. Excavation or disturbance within the CRZ such as by cutting roots, grading, pouring impervious material such as concrete or asphalt, installing utilities or installing irrigation that is not related to irrigating that specific Protectd e or Hen age Tree; chemical poisoning; utilizing the area within the tree protection fence for storage of equipment or vehicular traffic and other actives; removing bark greater than three (3") inches; breaking or splitting o f the main trunk; or any act compromising the health or structural integrity of the tree. Tree, Dead. Any tree, in which the canopy has died back 80% or greater as determined by the Urban Forester. pag„Diseased Tree. A tree with a condition that impairs the performance of one or more vital functions; usually associated with infectious conditions. Ime,Meritage Tree. Any of the following trees with a DBH of 26-inches or greater: Live Oak, Post Oak, Shumard Oak, Bur Oak, Chinquapin Oak, Monterey Oak, Bald Cypress, American Elm, Cedar Elm, Pecan, Walnut, Texas Ash or Southern Magnolia. 1. Any tree or stand of trees designated by Resolution of the City Council to be of historical value or of significant community benefit. Ordinance rxhibit E - Chpter 16 Page 4 of 6 Exhibit E 2. The term "Heritage Trees" does not include Hackberry, Chinaberry, Ashe Juniper (Cedar), Chinese Tallow or Mesquite. Tree Mitigation. The process to address the removal of Protected or Herftae Trees either through crediting existin trees, lantinq new replacement trees or o.cxyjng Tree, Ornamental. Smaller tree species, reaching a height of approximately ten to tweriyfive feet t10-25') at maturity. Such trees provide screentgand accent elements. TreepiProtected Trees. For purposes of this Code, a Protected Tree is any tree with a DBH of 12 inches or greater. The following species of trees are excluded from protected tree status: Chinaberry, Hackberry, Ashe JunipeiTICedar), chinese Tallow and Mesquite "Are . Tree Preservation Plan. A lan that ra hically represents the Tree Schedule and identi es Protected Trees and Heritage Trees indicating those bein reserved and those being proposed for removal. The Tree Preservation Plan may be shown on the Tree Survex Tree Removal. As it applies to Pprotected and Heritage Ttrees means, the uprooting, severing the main trunk of a tree or any activity which causes, or may reasonably be expected to cause a tree to die. Activities such but not limited to, damage inflicted upon the root system by machinery, storage of materials, or soil compaction; substantially changing the natural grade above the root system or around the trunk; excessive pruning; or paving with concrete or asphalt within the driplinc CRZ, or impervious materials in a manner which may reasonably be expected to kill the tree. Tree Schedule. A list indicating the status of ail trees on sitep, Protected Tree preserve., Protected Tree credit tree along with species name and tree diameter in one table. Typically, a Tree Schedule is included removal dead Herita e Tree preserved, proposed Heritage Tree removal, not a protected species or on the Tree Stave Tree, Shade . The largest plants in the landscape that provide the overhead structure needed for shading and under which other plants live and grow. They spread and give overhead structure when they reach maturity. - - - ; ; • ; ; vo • corridor along or within a public right of way or privatc drivc. Tree Survey. A drawin showin the size location, species and critical root zone of all existing Protected and Heritage Trees, and includes a table summarizing the total number of inches in accordance with generally accepted methods of International Society of Arboriculture (ISA). See the UDC Development Manual and the Landscape and Tree Technical Standards for more information on the submission requirements. Trcc Survcy by thc UDC. Limits of Survcys. If thcrc is an arcv which is known at thc time of thc survcy to bc on thc projcct site or cvscmcnt but outsidc thc buildablc ar a, a limit of construction line may bc cstablishcd. Trccs Ordi- all phascs of construction. such as subdivisions, utility corridors, and golf courses. nC, Exhibit E Ch pte Page 5 of 6 Exhibit E trcc types arc visiblc. This would typically be from April through Novcmbcr for dcciduous trccs. ,ites dominated by Live Oaks and Junipers may be flown during thc nenth - 1. To providc maximum location accuracy, intcrprctations must bc donc from stcrco ninc by nine (9x9) photographs. An acceptable alternative to stcrco photography is thc usc of mono ctiflcd and flown with clearly markcd ground points. V"Ii■ 5. Anothcr alternativc is computer gcncratcd imagcry from single photos flown at a minimum scalc of approximatcly onc (1) inch = 200 fcct. This imagery rnust bc rectified and digitized using accuracy potcntial. bincd caliper measurement of thirty six inches (36' trunks spaced at no gr atcr than four (1) to six (6) foot intervals. Urban Forester. The Administrative Official identified in Scction 2.02.0505 of the UDC. The individual desiby the Parks and Recreation Director to insure compliance with the tree provisions of this Code. Vines. A plant- whose stem requires suppolt and which climbs by tendrils or twining. Any of a group of • +a vs. tcndrils, or which may simply sprawl over thc ground or other plants. Wail, Boundary. A masonry wail boundin residential developments alon a e oad a s 0 present a cohesive, durable fencin enclosure, as described full in Section 8.07. Wall,Building. See Buildin Wall. Wall Fencing. An opaque masonry wall used for fericins. buildi nor used for retaining purposes. and screenin not considered part of a Wall R t kiln's. A wall not laterally supported at the tog that resists lateral soil loads and other imposed loads Xeriscape. A method of landscaping antiordening which conserves ater through the use of specific prinsjpies of design, plant selection, installation and maintenance. Ordinance Exhibit E - Chapter 16 Page 6 of 6