HomeMy WebLinkAboutAgenda UDCAC 06.16.2021Notice of Meeting for the
Unified Dev elopment Code Adv isory Committee
of the City of Georgetown
June 16, 2021 at 3:30 P M
at Virtual
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Page 1 of 197
Regular Session
(T his R egular S es s ion may, at any time, be rec es s ed to c onvene an Exec utive S es s ion for any purpose
authorized by the O pen Meetings Act, Texas G overnment C ode 551.)
A Discussion on how the U nified Development C ode Advisory C ommittee virtual conference will be
conducted, to include options for public comments and how the public may address the Commission --
Andreina D ávila-Quintero, AI C P, C urrent P lanning Manager
P ublic Wishing to Address the B oard
O n a s ubjec t that is posted on this agenda: P lease fill out a speaker regis tration form whic h can be found at the
Board meeting. C learly print your name, the letter of the item on which you wish to speak, and pres ent it to the
S taff Liais on, preferably prior to the start of the meeting. You will be c alled forward to speak when the Board
cons iders that item.
O n a s ubjec t not posted on the agenda: P ersons may add an item to a future Board agenda by filing a written
request with the S taff Liais on no later than one week prior to the Board meeting. T he reques t must include the
s peaker's name and the spec ific topic to be addres s ed with sufficient information to inform the board and the
public . F or Board Liaison c ontact information, pleas e logon to
http://government.georgetown.org/c ategory/boards -commissions /.
B O n a subject not posted on the agenda: P ersons may add an item to a future B oard agenda by filing a
written request with the S taff L iaison no later than one week prior to the B oard meeting. T he request
must include the speaker's name and the specific topic to be addressed with sufficient information to
inform the board and the public. F or B oard L iaison contact information, please logon to
http://government.georgetown.org/category/boards-commissions/.
At the ti me of posti ng, no persons had si gned up to speak on i tems not on the agenda.
L egislativ e Regular Agenda
C C ons ideration and possible action to approve the minutes of the May 12, 2021 regular meetings of the
Unified Development C ode Advis ory C ommittee -- Mirna G arcia, Management Analys t
D P ublic Hearing and possible action on a proposed Text Amendment to the Unified Development
C ode (UDC ) relating to the Tree P reservation and Lands caping s tandards spec ifically as it pertains to tree
preservation, removal and mitigation, s treetyard, gateway and parking landsc ape standards, and sc reening
and water cons ervation requirements (UDC G eneral Amendment No. 20-03) – Ethan Harwell, S enior
P lanner and S teve Mc Keown, Lands cape P lanner
Adjournment
Ce rtificate of Posting
I, R obyn Densmore, C ity S ecretary for the C ity of G eorgetown, Texas, do hereby c ertify that this Notic e of
Meeting was posted at C ity Hall, 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626, a plac e readily
acc es s ible to the general public as required by law, on the _____ day of _________________, 2021, at
__________, and remained s o posted for at leas t 72 c ontinuous hours prec eding the s cheduled time of said
meeting.
Page 2 of 197
__________________________________
R obyn Dens more, C ity S ec retary
Page 3 of 197
City of Georgetown, Texas
Unified Development Code Advisory Committee
June 16, 2021
S UB J E C T:
C onsideration and pos s ible ac tion to approve the minutes of the May 12, 2021 regular meetings of the
Unified Development C ode Advisory C ommittee -- Mirna G arc ia, Management Analyst
IT E M S UMMARY:
F IN AN C IAL IMPAC T:
.
S UB MIT T E D B Y:
Mirna G arcia, Management Analys t
AT TAC H ME N T S:
Description Type
Minutes Cover Memo
Page 4 of 197
UDC Advisory Committee 1
May 12, 2021
City of Georgetown, Texas
Minutes of the Regular Meeting of the
Unified Development Code Advisory Committee Meeting
Wednesday, May 12, 2021 at 3:30 P.M.
Teleconference meeting: https://bit.ly/3sdnqmE
The regular meeting convened at 3:30PM on May 12, 2021 via teleconference athttps://bit.ly/3sdnqmE
. Webinar ID: 932 3037 2518. To participate by phone: call in number 346.248.7799 or Toll Free:
833.548.0282. Password: 329214. Public comment was allowed via the conference call number or the “ask
a question” function on the video conference option; no in-person input was allowed.
Committee Member(s) in Attendance: P.J. Stevens; Brian Robinson; Jen Henderson; Phillip Wanke;
Tracy Dubcak and Jordan Maddox.
Committee Member(s) Absent: Brian Ortego
Staff Present: Andreina Dávila-Quintero, Current Planning Manager; Steve McKeown, Landscape
Planner; Ethan Harwell, Senior Planner; Michael Patrowski, Planner, Ryan Clark, Planner and Stephanie
McNickle, Planning Specialist.
Meeting called to order at 3:33 P.M.
Regular Session
(This Regular Session may, at any time, be recessed to convene an Executive Session for any purpose
authorized by the Open Meetings Act, Texas Government Code 551
A. Discussion on how the Unified Development Code Advisory Committee virtual conference will be
conducted, to include options for public comments and how the public may address the
Commission -- Andreina Dávila-Quintero, AICP, Current Planning Manager
Public Wishing to Address the Board
On a subject that is posted on this agenda: Please fill out a speaker registration form which can be
found at the Board meeting. Clearly print your name, the letter of the item on which you wish to
speak, and present it to the Staff Liaison, preferably prior to the start of the meeting. You will be
called forward to speak when the Board considers that item.
On a subject not posted on the agenda: Persons may add an item to a future Board agenda by filing
a written request with the Staff Liaison no later than one week prior to the Board meeting. The
request must include the speaker's name and the specific topic to be addressed with sufficient
information to inform the board and the public. For Board Liaison contact information, please logon
to http://government.georgetown.org/category/boards-commissions/.
B. On a subject not posted on the agenda: Persons may add an item to a future Board agenda by filing a written
request with the Staff Liaison no later than one week prior to the Board meeting. The request must include the
speaker's name and the specific topic to be addressed with sufficient information to inform the board and the
public. For Board Liaison contact information, please logon to
http://government.georgetown.org/category/boards-commissions/.
Page 5 of 197
UDC Advisory Committee 2
May 12, 2021
At the time of posting, no persons had signed up to speak on items not on the agenda.
Legislative Regular Agenda
C. Consideration and possible action to approve the minutes of the March 10 and April 14, 2021
regular meetings of the Unified Development Code Advisory Committee -- Mirna Garcia,
Management Analyst
Motion by Henderson to approve the minutes from the March 10th and the April 14th meeting
minutes with correction. Seconded by Stevens. Approved. (6-0)
D. Discussion and possible direction on a proposed Text Amendment to the Unified Development
Code (UDC) relating to the Tree Preservation and Landscaping standards specifically as it pertains
to tree mitigation requirements (UDC General Amendment No. 20-03) -- Steve McKeown,
Landscape Planner, Ethan Harwell, Senior Planner, and Andreina Dávila-Quintero, AICP, Current
Planning Manager.
Staff gave a presentation in regard to Tree Preservation and Landscaping Standards Adjustments
and Clean-up. Staff reviewed over Tree Mitigation options and to consider allowing existing trees
with DBH smaller than 6 inches as credit trees for mitigation purposes. Staff reviewed over the
proposed terms.
Trees smaller than 6 inches, but no smaller and 3 inches at 4.5 feet above ground, may be counted as
on-site credit provided the following standards are met:
a. Trees must meet the location requirements (i.e. undisturbed areas)
b. Trees shall be in good health and within or near a group of trees;
c. Trees full critical root zone shall not be impacted from construction; and
d. Trees may be counted at a reduced mitigation ratio of 0.5:1 inch ratio.
Discussion regarding trees in and undisturbed area and trees within or near a group of trees.
Staff reviewed over exploring the option of allowing trees planted on residential lots as on-site
replacement trees. Staff reviewed over Georgetown Requirements (UDC Section 8.02), along with
other cities requirements.
Staff stated Austin, Cedar Park, Leander, San Marcos, Pflugerville and Kyle require that tree
mitigation be completed by replacement trees to be planted on site or fee-in-lieu.
Staff reviewed over the possible solutions during their April meeting.
• How should credit be determined and considerations.
• How much credit should be given per lot and considerations.
• How much of the mitigation owed should trees on residential lots account for and
considerations.
Staff reviewed over the proposed terms:
Allow new trees planted on residential lots to be used for mitigation when the following
conditions are met:
a. New tree must be a minimum 3-inch caliper.
b. Maximum 3 inches of credit per lot.
c. No more than 30% of total mitigation may be met through on-site replacement trees
Page 6 of 197
UDC Advisory Committee 3
May 12, 2021
on residential lots.
d. May not count towards meeting landscape requirements.
e. May only be used on property subject to a Residential Building Permit.
Chair Steven invited Amy Lynn Payne, Representative for Parkside on the River
subdivision to address the Committee.
Ms. Payne thanked Planning staff for all the work they have done with this project.
Ms. Payne reviewed over Parkside on the River subdivision tree mitigation
calculations. Ms. Payne can support items a. and e. However, does not support items
b., c., and d.
It was stated the code should include language that the common areas should be planted first.
Staff stated planting in commons area should be planted first. However, not all subdivisions
include common areas, so by having a code requirement that states you have to plant in the
common areas first may not be applicable or feasible for a lot of the subdivisions that do not have
any common area.
Discussion regarding reviewing the option of 18–25-inch trees to be counted as credit trees. This is
commonly seen in Planned Unit Developments. It was stated it could save large, protected trees.
However, trees are not protected during construction; incentivizes removal of heritage trees
because there are usually more protected trees than heritage.
After discussion, the committee suggested as follows:
a. New tree must be a minimum 3-inch caliper. Agrees.
b. Maximum 3 inches of credit per lot. Omit
c. No more than 30% of total mitigation may be met through on-site replacement trees
on residential lots.
Plant in common areas first.
Only give credit for planting provided above minimum landscape requirements.
50% ratio of inches planted to credit.
15-foot requirements on center (minimum)
d. May not count towards meeting landscape requirements. Consolidate with item c.
e. May only be used on property subject to a Residential Building Permit. Agrees.
E. Update on the Unified Development Code (UDC) amendment process, and the 2020 UDC Annual
Review Plan, Schedule and Next Steps -- Andreina Dávila-Quintero, AICP, Current Planning
Manager
Staff reviewed over the next steps to prepare the draft amendments and will bring them for review
at their next meeting.
Chair Stevens and the Committee thanked Andreina for all her work and dedication to the City of
Page 7 of 197
UDC Advisory Committee 4
May 12, 2021
Georgetown and wished her much success as she starts her new career for the City of Cedar Park.
Adjournment Motion to adjourn at 5:02 p.m.
_____________________________________ __________________________________
PJ Stevens, Attest Attest, Phillip Wanke, Secretary
Page 8 of 197
City of Georgetown, Texas
Unified Development Code Advisory Committee
June 16, 2021
S UB J E C T:
Public Hearing and possible action on a propos ed Text Amendment to the Unified Development C ode
(UDC ) relating to the Tree P reservation and Lands caping s tandards spec ifically as it pertains to tree
pres ervation, removal and mitigation, streetyard, gateway and parking lands cape s tandards , and s creening
and water c onservation requirements (UDC G eneral Amendment No. 20-03) – Ethan Harwell, S enior
P lanner and S teve Mc Keown, Landsc ape P lanner
IT E M S UMMARY:
O n July 14, 2020, the C ity C ouncil directed staff to review the C ity’s tree pres ervation and landsc aping
s tandards as a part of the 2020 UDC Annual R eview C ycle. T he purpose of these revisions is to addres s
ambiguity, c onflic ts with other c ode sec tions , and challenges found in its implementation on several
development projects . T his original lis t of items was disc ussed by the UDC Advis ory C ommittee, the
P lanning & Zoning C ommission, and the C ity C ouncil. T he UDC voted to recommend approval of thes e
propos ed redlines at their Marc h 10, 2021 meeting.
At their March 9, 2021 meeting the C ouncil directed staff to researc h two additional topic s for
cons ideration as UDC Amendments.
C onsideration of trees smaller than 6-inches in diameter as credit trees .
C onsideration of trees planted in res idential lots as credit trees for the purpos es of tree mitigation.
T hes e topics were dis cus s ed by the UDC Advisory C ommittee at their April 14, 2021 and May 12, 2021
meetings. T he C ommittee worked through each issue and has proposed terms for eac h topic . T he
purpose of this meeting of the UDC AC is to make a rec ommendation to the C ity C ouncil on thes e
propos ed terms . Attac hment VI contains the propos ed redline amendments to the UDC . Highlighted
changes are new c hanges s inc e the Marc h 2021 rec ommendation to acc ommodate for the additional
is s ues inc luded in the amendments by the C ity C ounc il.
T he summary of the UDC AC disc ussion from the April 14, 2021 and May 12, 2021 meetings are
inc luded with this item (Attac hment I I). A survey was open to the public on the propos ed terms for the
additional items . T he results of this s urvey, open May 31, 2021 to June 10, 2021 are also inc luded
(Attachment V). Inc luded in all attac hments are also the c orres ponding information from the firs t round of
amendments approved on Marc h 10, 2021.
R elevant s ections of the UDC to be amended inc lude, but are not limited to:
S ection 3.16, Adminis trative Exc eptions
S ection 3.23, Heritage Tree R emoval P ermit
S ection 4.11, G ateway O verlay Dis tric ts
S ection 8.02, Tree P reservation & P rotection
S ection 8.03, R es idential Lands caping
S ection 8.04, Non-R esidential Landsc ape R equirements
S ection 8.05, R eview & Approval P rocess
S ection 8.06, P lant S elec tion, Ins tallation, & Maintenance
Page 9 of 197
S ection 11.02, Impervious C over
S ection 16.02, Definitions
F IN AN C IAL IMPAC T:
None s tudied at this time.
S UB MIT T E D B Y:
Ethan Harwell, S enior P lanner
AT TAC H ME N T S:
Description Type
Attachment I - Specific lis t of Issues to be addressed Backup Material
Attachment II - Summary of Discus s ions (Apr to May 2021, Sep to
Dec 2020)
Backup Material
Attachment III - Summary of Proposed Terms Backup Material
Attachment IV - Es s ential Terms Backup Material
Attachment V - Public Comments Backup Material
Attachment VI - Proposed Tree Preservation and Lands cape
Amendments Backup Material
Pres entation Pres entation
Page 10 of 197
Tree Preservation and Landscape Regulations
2020 UDC General Amendments
UDC Amendment No. 20-03
Tree Preservation, Removal and Mitigation
Issue No.Relevant UDC Section(s) Issues Requestor
TP.01 8.02.020
Consider establishing a threshold for identifying which multi-trunk trees must be
included on a survey based on the DBH of the largest trunk. UDCAC
TP.02 16.02 Consider adding a definition for tree branch and tree trunk. UDCAC
TP.03 16.02
Consider adding a definition for “hardwood” and “softwood” trees as some might
have different interpretations. UDCAC
TP.04 8.02.020
Exclude all cedar (ash-juniper and mountain cedar) trees from the protected trees
definition.UDCAC
TP.05 8.02.020 Consider excluding ornamental trees from the definition of protected trees. UDCAC
TP.06 8.02.030, 8.02.040, 8.06.040, 3.23
Clarify applicability of City approval for the removal of protected trees within a right-
of-way or public utility easement and assessment of mitigation fees. Staff
TP.07 8.05
Consider requiring a Tree Inventory for new projects and phased projects whose
surveys need to be update after 5 and 10 years. Staff
TP.08 8.02.050
Consider prioritizing the preservation of protected trees to allow flexibility in site
design elements (I.e. parking layout, monument sign location). Clarify the existing
process for Heritage Trees. Staff
TP.09 8.04.040, 8.05
Consider establishing boundaries for calculating protected and heritage trees on
projects (i.e. floodplain, ROW, Limit of Construction, Phase or Section specific) Staff, Public
TP.10 New, 8.02, 8.05
Consider requiring additional information on the health of a protected and heritage
tree to address disease control issues as it relates to tree preservation. Staff
TP.11 8.02.040 Consider additional options for tree mitigation. Staff, Public
TP.12 8.06.060
Consider altering the situations in which required landscaping trees can be removed
– specifically related to signage. Staff
Page 1 of 2Page 11 of 197
Tree Preservation and Landscape Regulations
2020 UDC General Amendments
UDC Amendment No. 20-03
Streetyards, Gateways and Parking
Issue No.Relevant UDC Section(s) Issues Requestor
SY.01 8.03.030 Use of artificial turf for single-family residential Public
SY.02 8.04.030
Street yard requirements, particularly for projects with buildings at great distance
from the road and/or phased projects Public
SY.03 4.11, 8.04.030, 8.04.050
Applicability of Gateway landscape requirements (and how these relate to other
landscape requirements) Staff
SY.04 8.04.040 Landscape requirements for inventory lots related to an auto sales use Staff, Public
SY.05 8.05, 8.06, 10, 13.03 Conflicts between signage, utilities and easements, and landscape requirements Staff, UDCAC
Screening, Buffering and Water Conservation
Issue No.Relevant UDC Section(s) Issues Requestor
SBW.1 8.04.070 Screening requirements for alternative waste containers Staff
SBW.2 New
Review current nonresidential landscaping requirements with regard to the city’s
water conservation efforts Public, UDCAC, P&Z
Page 2 of 2Page 12 of 197
Page 1 of 4
Summary of discussion with the UDC Advisory Committee (April – May 2021) UDCAC April 14, 2021
TP.11.1 Discussion
Discussion:
• Georgetown typically has a lot of trees compared to other cities.
• Generally speaking allowing to go smaller provides additional options and ability to save more natural trees.
• Should not go smaller than 3 inches.
• Best to include an either/or option
• Cost is more to survey additional trees.
• How often has the development community
requested trees smaller than 6 inches to be
considered?
• Alternative approval process to allow smaller than
6 inches and not be permitted by right.
• Public comments:
• Developer would use option to survey smaller
trees to provide more natural environment
• Additional options to allow existing remaining
trees to be counted as credit is supported
Follow Up Needed:
•
Direction on Proposed Solutions:
• Provide an alternative approval process to be considered on a case by case basis
• Give as an option, if necessary
• Trees may not be smaller than 3 inches
Direction on Proposed Terms (May 12, 2021):
• Clarify/specify what undisturbed areas mean (CRZ?) and what “near” means (how far are they located from a “group of trees”)
• Clarify that the trees between 3-6 inches that may be counted as credit trees only include shade trees.
• Clarify if the 3-in tree needs to be clear other 3-in trees or other specific size
• Standards:
o 3-6 inches, yes
o Good health, yes
o Full CRZ, yes
o Mitigation ratio 0.5:1, yes
Page 13 of 197
Page 2 of 4
TP.11.2 Discussion
Discussion:
• Most lots are designed knowing where the footprint of the building will be located to ensure lot is buildable.
• Generally it appears it would require additional review and tracking by staff, and lack of control
• Tree planted in the ROW could be allowed to be used to meet the landscape requirements of the residential lot.
• What option is more commonly used? How often
is the planting option used vs payment of fee?
• Most common use payment of fee
Planting strip between curb and sidewalk needs to be
wide enough to avoid conflicts with public
improvements (sidewalks, curbs, utilities) - I.e.
Georgetown Village.
City of Leander takes on the additional burden to
include in inspection of house.
Agree with comment that more trees are better.
Consider affordability issue.
Public Comments:
• BM builder standard is to plant 2, 3-in trees on every lot, 4 on corner lots - required in building contracts, deed restrictions
• Option should include property in the ETJ
• Options that encourage more trees and preservation of additional trees should be encouraged.
Follow Up Needed:
• Explore partial credit
• Case studies – check impact on real world projects
• Review payments into the Tree Fund
• Look at spacing requirements and varieties of trees; prevent colliding canopies; ensure long lasting trees 5/12/2021:
• Take one example and run numbers based
on proposed direction
Direction on Proposed Solutions:
• Partial credit for additional trees
Direction on Proposed Terms (May 12, 2021):
• Standards:
o 3-in min, yes
o Half credit for trees above and beyond
Page 14 of 197
Page 3 of 4
TP.11.2 Discussion
o 30% total mitigation, generally agree. Caveat that trees should be planted on common areas first
and then residential lots
o Landscape requirements above and beyond, yes
o Subject to Building Permit review, yes
• Concern that may be “robot looking” or very cookie cutter
• Will it be a benefit if it does not count to meeting landscape requirements? Will it be able to fit on
the lots that are being platted today?
o Look at planting in the backyard as an option
• Look at 18-25 in trees to be counted as credit trees – is this an option?
o Most commonly seen in PUDs
o Pro – save large protected trees
o Con – trees are not protected during construction; incentivizes removal of heritage trees
because there are usually more protected trees than heritage
• Public comments:
o Support a and e; not b-d
o Code should include language that common areas should be planted first
Specific Feedback on Proposed Terms:
Term A:
- Good. Remain.
Term B:
• Omit Term C & D:
- Omit and replace with the below terms.
- Plant in common areas - possible language “When common areas, open space or landscape lots,
amenity lots, or detention lots, are proposed, on-site replacement trees shall be planted on these
lots first. Any remaining mitigation inches may be planted on residential lots as follows:…"
- 50% ratio of inches planted to credit
- Give credit for plants that meet a spacing requirement 15-foot requirements on center
(minimum)
- Only give credit for plants that are provided above and beyond the min. landscape
requirements.
Term E:
- Good.
Follow up (to be provided at June 16 meeting):
Page 15 of 197
Page 4 of 4
TP.11.2 Discussion
- Show how changes to terms play out in the examples provided.
Page 16 of 197
Tree Preservation, Removal and Mitigation
TP.01 Discussion
Discussion:
• UDC requires all species to identify and measure all trees 12” and greater (UDC 8.05).
• It takes time to identify and locate every single tree – should not include excluded trees.
• All trees are typically required to be identified on the survey to not overlook any trees that may be protected
• Another benefit is to know where the “trash” trees
are located to know where improvements may
better be located as opposed to areas where the
protected trees are located.
Follow Up Needed:
• None
Direction on Draft Solution:
• Specify that the “excluded trees” do not need to be measured or identified.
• Or, add the word “protected” prior to “trees” in the UDC standard.
• Include in the survey if it may be used as some type of credit
Direction on Final Terms:
• Specify/clarify that the excluded trees include all cedar trees (Ashe juniper, Mountain Cedar, Blueberry
Juniper, or Post Cedar)
• Codify the method of measurement to determine the multi-trunk trees to be measured
• Proceed as proposed (with Option B for TP.05)
TP.02 Discussion
Discussion:
• Stem appears to have 3 different meanings
• Hard to distinguish for multi-trunk trees
• Height off the ground to consider a trunk v branch
Follow Up Needed:
• Revised definition of trunk and branch (does not
use word “stem”)
Direction on Draft Solution:
• Add definition of “trunk”
Direction on Final Terms:
• Simple is good
• How will this affect multi-trunk definition?
• Include definition for branches and roots as these terms are included in the trunk definition
TP.03 Discussion
Discussion:
• Using terms “hardwood” and “softwood” may be more vague – do not recommend using these terms
Follow Up Needed:
• None
Page 17 of 197
Direction on Draft Solution:
• Do not include these terms in the UDC – maintain current definitions
• Using specific species in defining protected and heritage trees is recommended
Direction on Final Terms:
• Proceed as proposed.
TP.04 Discussion
Discussion:
• There are a lot of varieties of cedar
• Better to define the types of trees that we want to keep
Follow Up Needed:
• None
Direction on Draft Solution:
• Maintain current UDC list of excluded trees, which includes cedar trees
Direction on Final Terms:
• Proceed as proposed
TP.05 Discussion
Discussion:
• Need to be included so they may be counted towards mitigation and credit trees
• Identify a way to measure for certain multi-trunk trees (I.e. crepe myrtle)
Follow Up Needed:
• Bring back two options for consideration
Direction on Draft Solution:
• One way to measure ornamental trees may be by looking at the 5 largest trunks
• EXAMPLE (Option B)
CP with 4 trunks, largest trunk = 6 in
X = largest trunk, n = no. of smaller trunks
X + 0.5*n
6+(0.5*3) = 7.5”
Direction on Final Terms:
• Proceed with Option B
TP.06 Discussion
Discussion:
• Look into creating a new tree removal permit so
that a SDP would not be required.
• Consider using a minimum size to determine when
approval is required.
Follow Up Needed:
• Language that mimics heritage trees in the ROW
and easements
Page 18 of 197
Direction on Draft Solution:
• Create a new removal permit for protected trees
Direction on Final Terms:
• Proceed as proposed
TP.07 Discussion
Discussion:
• Include it as an option for new development and at the 5/10 year mark to better plan the site
• Inventory also includes location of the tree on the site
• Inventory are completed by arborist
Follow Up Needed:
• Identify if and when it will be required
•
Direction on Draft Solution:
• Good to encourage the inventory and where it is beneficial
Direction on Final Terms:
• There are different stages of oak wilt – it may be difficult for surveyors to identify oak wilt if they do not have that expertise
• Staff’s response: Trees identified as “dead” or “deceased” - identify if oak wilt is the reason for the tree
health status
• Add “if dead” at the end of bullet point no. 5; or additional language to specify when applicable
• Consider inventory option for extraordinary conditions
• Trees on a survey identified as “dead” or “deceased” need to be further evaluated to determine if it is
oak wilt
• Need clear definition of “Tree Inventory” and what the requirements are for the inventory
• Combine bullet points 1 and 5
• Define/specify how you can reduce mitigation
TP.08 Discussion
Discussion:
• Heading in the right direction
• Address what happens if the tree dies (replenish
requirement)
Follow Up Needed:
• None
Direction on Draft Solution:
• More detail
Direction on Final Terms:
• Definition for “stands”
Page 19 of 197
TP.09 Discussion
Discussion:
• Floodplain – if not using for credit, do not need to include in survey
• Floodplain – cannot be developed in, thus should not be included for mitigation
• Floodplain – alternatively, developers may want to include these trees as credits if it allows other portions of the property to be developed
Follow Up Needed:
• Bring back examples for each possible solution to discuss at next meeting.
• Alta
• South Fork Apt site
Direction on Draft Solution:
• Need more info.
Direction on Final Terms:
• Developer – advantage that there are portions of property that can be counted/credited to allow more development in another portion
• Look at option to give developers a choice to do either Option A or B
• Another option may be to not count trees in the floodplain, but count double/higher credit within the
developable area --> look for ways that incentivizes preservation within the developable area
• Bring back Option C for consideration (provide choice it makes sense)
• Consider effect it has on cost of housing (for all proposed amendments)
Direction on Final Terms:
• Clarify that the trees in the floodplain can be counted in your total number of trees, but that they cannot
be used as credit trees for mitigation
• What might happen if a development had an area of dense trees outside of the floodplain?
TP.10 Discussion
Discussion:
• Requiring vs encouraging – every time something
is required it increases price
• Specify the value for encouraging tree inventory
requirement
Follow Up Needed:
• Incentive options to discuss at next meeting
Direction on Draft Solution:
• Bag of options – create incentives
Direction on Final Terms:
• Look at TP.07
TP.11 Discussion
Discussion:
• Verify/work with Finance on details for
reimbursement process
• Off-site planting on common areas for residential
subdivisions an appropriate option
Follow Up Needed:
• Work with Legal team to determine what City can
require through deed restrictions
• Options for tier process through an administrative
process
Page 20 of 197
• Other jurisdictions that allow credit for trees planted on street yards of SFR lots o Options from other cities
o Examples of projects to evaluate
• Options on different fees for mitigation depending on size
Direction on Draft Solution:
• Need more info.
Direction on Final Terms:
• Clarify that developer pays up front and can get credit later
• Clarify greater than 12 but less than 18
• Georgetown should have a minimum of 3 classes
TP.12 Discussion
Discussion:
• Street trees should not be allowed to be planted in front of the sign
• Fee-in-lieu of as an option in the event a tree may not be planted elsewhere on site
Follow Up Needed:
• None
Direction on Draft Solution:
•
Direction on Final Terms (Nov 11, 2020):
• Clarify that it must be planted within the same landscape area (i.e. if in the street yard, it needs to be
placed in the street yard)
Streetyards, Gateways, and Parking
SY.01 Discussion
Discussion:
• Artificial turf heats up quicker
• No objection to allowance in the rear yard
• Major concerns allowing it in the front yard
• Should not be visible from the street.
• Will not be maintained by property owners.
Follow Up Needed:
•
Direction on Draft Solution:
• Not recommended.
• If allowed, should be limited to the rear yard only.
Direction on Final Terms:
• Include a standard that restricts artificial turfs within an easement
• If limiting it to the rear, may not have any value to add maintenance requirements. Keep preferred turf
standards.
• Potential loophole – no permit required. Possible solution - include scope of work in the flat work permit
currently issued by the City
Page 21 of 197
• Address how impervious cover may be impacted (what is considered impervious cover)
SY.02 Discussion
Discussion:
• Concern that requiring higher level at the street may create conflicts as other phases develop
• Look at limits of construction as an option
• 1 and 2 okay
• 3 and 4 not sure
Follow Up Needed (October 14 Discussion):
• Example of thresholds and possible solutions
Direction on Draft Solution (November 11 Discussion):
• Option 2 – results in additional trees for smaller lots. Readjust numbers so that the smaller lots do not result in more trees. Run scenarios to compare requirements.
Direction on Proposed Terms (December 9 Discussion):
• Comparison were helpful – good with revised option 2.
• Okay with implementation of option 3
SY.03 Discussion
Discussion:
• Goal is to make sure gateway area is heavily landscaped
Follow Up Needed:
•
Direction on Draft Solution:
• Proceed as proposed
Direction on Final Terms:
• Proceed with Option 2 for defining the boundary
SY.04 Discussion
Discussion:
• Does exempting inventory lots meet the goal of the City?
• Require shade structures?
Follow Up Needed:
•
Direction on Draft Solution:
• Recommend reconsidering exemption in a future UDC amendment
• Look at definition of “inventory lot”
Direction on Final Terms:
• Proceed as proposed
Page 22 of 197
SY.05 Discussion
Discussion:
• It may take away more developable land
• May be 75% or may be 10 feet – look at percentage vs feet option (bullet point no. 2)
Follow Up Needed:
•
Direction on Draft Solution:
• Recommend having all possible solutions as “or” options
Direction on Final Terms:
• Proceed as proposed
Screening, Buffering, & Water Conservation
SBW.01 Discussion
Discussion:
• Concern with adding a company name.
Follow Up Needed:
•
Direction on Draft Solution (November 11 Discussion):
• Proceed as proposed
• Do not use specific business when referring to locational standards for enclosures
Direction on Proposed Terms (December 9 Discussion):
• All good!
SBW.02 Discussion
Discussion:
• Follow Up Needed:
•
Direction on Draft Solution (November 11 Discussion):
• Clarify that “turf” means natural turf or turf grass
• Do not add any provision that requires it, but that incentivizes it
• No. 4 – look at it functionally
Direction on Proposed Terms (December 9 Discussion):
• Good with Term #2 – IC credit
• Good with Term 3#, but clarify that sod = turf
• Term #4 is good.
Page 23 of 197
Proposed Terms - Validate direction on draft ordinance
Proposed Terms
Discussion:
• Follow Up Needed:
•
Direction:
• Terms are good, reflect work done.
Public Outreach
Public Outreach
Discussion:
• Follow Up Needed:
•
Direction:
• Groups to Include in Survey:
o Chamber of Commerce
o Development Alliance
o Think of new groups? Please let staff know before beginning of January.
o Send reminder in “homework” email.
Page 24 of 197
2020 UDC General Amendments - Tree Preservation and Landscape Regulations UDC Amendment No. 20-03
Page 1 of 1
Additional Topics (Directed by City Council March 9, 2021)
Issue No. Issues Current Terms Proposed Terms Relevant UDC
Section(s)
TP.11.1 Consideration of trees smaller than 6-inches in
diameter as credit trees for tree mitigation.
Currently, developers of non-residential projects (commercial,
industrial, multi-family, etc) are required to mitigate for the
removal of Protected trees. If the developer saves trees of a
certain size on the site, these trees can be used as credit to
offset their mitigation requirements. Today, the UDC requires
that these trees be between 6-11 inches in diameter at breast
height (BDH).
The proposed changes to the ordinance would allow a
developer to receive credit for trees they save that are
smaller than 6 inches, but no smaller than 3 inches DBH,
provided the following standards are met:
• The trees are a variety of shade tree;
• Trees shall must meet the locational requirements
(i.e. undisturbed areas, not in areas planned for future development or utility extension, etc.);
• Trees shall be in good health and part of a larger a
tree stand;
• Trees full Critical Root Zone shall not be impacted
from construction; and
• Trees may be counted at a reduced mitigation
ratio of 0.5:1 inch ratio.
8.02.040.C.2
TP.11.2 Consideration of trees planted in residential lots as
credit trees for the purposes of tree mitigation.
Under the current standards for tree mitigation residential
(single-family and two-family) subdivisions are required to
mitigate for any Heritage Trees that are removed. There is no
mitigation required for Protected Trees. These residential
subdivisions can mitigate for the removed Heritage Trees by:
• Planting on-site in common areas (open space lots,
HOA facilities, public parks, right-of-way, etc.)
• Aeration/Fertilization treatment on existing Heritage
Trees
• Fee-in-lieu payments into the Tree Fund
• Off-site planting in a City park or GISD site.
The proposed changes would allow developers to receive
mitigation credit for their removed Heritage Trees under
the following terms:
• The trees planted are at least 3-inches in diameter
and planted to all installation requirements of UDC
8.06
• Common areas are planted to their fullest extent
• Credit shall only be given for trees planted above
the min. landscaping requirements for a residential
lot.
• Trees must be spaced a minimum of 15-feet on
center from other trees and the ½ CRZ of each
tree cannot be encroached.
• Credit may only be given at a 0.5 to 1.0 ratio.
• Credit will only be given for trees planted on lots
that are subject to Residential Building Permits.
8.02.040.C.3
Page 25 of 197
2020 UDC General Amendments - Tree Preservation and Landscape Regulations UDC Amendment No. 20-03
Page 1 of 8
Tree Preservation, Removal and Mitigation
Issue No. Issues Current Terms Proposed Terms Relevant UDC
Section(s)
TP.01 Consider establishing a threshold for identifying which
multi-trunk trees must be included on a survey based on the DBH of the largest trunk.
On non-residential projects, a tree survey is required to
include any tree 12 inches + in diameter.
Change the tree survey requirement on non-residential
projects to require all trees 12 inches + in diameter except for the excluded species.
• Hackberry
• Chinaberry
• Ashe Juniper (cedar) – includes Mountain Cedar
• Chinese Tallow
• Mesquite
Include educational material in the Development Manual on how to measure trees. Codify terms for calculating the multi-trunk diameter of a
tree (refer to TP.05).
8.05.010.A.1
and 8.05.020.A.1
TP.02 Consider adding a definition for tree branch and tree
trunk.
No definition of the word trunk. Define Trunk as in Random House Webster’s Unabridged
Dictionary, 2nd Addition as adopted by UDC 1.06 & 16.01: Trunk – the main stem of a tree, as distinct from
the branches and roots. Include definitions for branches and roots Branch – a shoot or stem arising from the trunk.
Root – The usually underground portion of a plant that lacks buds, leaves, or nodes and serves as
support, draws minerals and water from the surrounding soil, and sometimes stores food.
16.02
TP.03 Consider adding a definition for “hardwood” and “softwood” trees as some might have different interpretations.
The UDC makes no reference to “hardwoods” or “softwood”. Heritage Trees may only be trees of the following species. Protected Trees are any species of tree 12” or greater in
diameter, save for the excluded species.
Continue to not use terms “hardwood” or “softwood” Do not add or subtract to current list of Heritage Tree Species.
Continue to allow Protected Trees to be of any species, except for the excluded species, to allow maximum credit
for various types of shade trees and ornamental trees.
N/A
Page 26 of 197
2020 UDC General Amendments - Tree Preservation and Landscape Regulations UDC Amendment No. 20-03
Page 2 of 8
Issue No. Issues Current Terms Proposed Terms Relevant UDC
Section(s)
TP.04 Exclude all cedar (ash-juniper and mountain cedar)
trees from the protected trees definition.
Cedar is among the UDC list of excluded trees. These include:
- Hackberry - Chinaberry - Ashe Juniper (cedar)
- Chinese Tallow - Mesquite
Maintain current UDC list of excluded trees. 8.02.020.A and
16.02
TP.05 Consider excluding ornamental trees from the definition of protected trees. Ornamental trees are allowed to count as credit trees for mitigation and as existing trees for landscaping requirements. Establish a ratio based on the size of largest trunk that is specific to ornamental trees, where all additional trunks will
be considered at half the largest inch trunk size.
8.02.040.C.2.a.i
TP.06 Clarify applicability of City approval for the removal of protected trees within a right-of-way or public utility
easement and assessment of mitigation fees.
Heritage Trees Protected in the ROW need no review for pruning when done by a certified arborist for work being
conducted by a public utility provider. Heritage Trees may be removed with approval of the Urban
Forester. Protected Trees are not included under this exemption. Mitigation is required for any tree removed.
Continue current practices for Heritage Trees. Allow Protected Trees to be removed at the discretion of
the Urban Forester. Make provisions to include it under the current Heritage
Tree Removal Permit. Rename “Heritage Tree Removal Permit” to “Tree Removal Permit”. The trimming of any Protected or Heritage Tree within a public right-of-way or public utility easement within the
municipal limits of the City per Sec 12.08 of the City Code (adopted Oct 27, 2020).
3.23, 8.02.030.B.3
Page 27 of 197
2020 UDC General Amendments - Tree Preservation and Landscape Regulations UDC Amendment No. 20-03
Page 3 of 8
Issue No. Issues Current Terms Proposed Terms Relevant UDC
Section(s)
TP.07 Consider requiring a Tree Inventory for new projects
and phased projects whose surveys need to be update after 5 and 10 years.
Tree Inventory is only encouraged, not required. Require the Tree Inventory when existing trees are to be
credited toward tree mitigation requirements Require the Tree Inventory when a residential project is proposed to be planned and constructed in three or more
phases. Require the Tree Inventory when a master planned
development is to be established under a Planned Unit Development or Development Agreement.
Require the tree inventory when alternative tree standards are being requested through a Planned Unit Development, Development Agreement, or Subdivision Variance.
Require tree surveys to identify if a tree is infected with oak wilt if deceased.
Tree Inventory = species, size, disease and type of disease, health of tree, % of canopy cover
8.05.010.A.1
and 8.05.020.A.1
TP.08 Consider prioritizing the preservation of protected trees to allow flexibility in site design elements (I.e. parking layout, monument sign location). Clarify the
existing process for Heritage Trees.
To protect a Heritage Tree any of the following may be varied:
• Setbacks
• Lot design standards
• Building heights
• Sidewalks
• Lighting
• Signage
• Parking
• Drainage criteria
• Connectivity
• Driveway separation
• Utility extension
Protected Trees may take priority over design and construction of public sidewalks Alternative Standards shall be approved by the Director for
administrative applications and by P&Z for applications under their approval.
Maintain list of possible alternatives for Heritage Trees and expand the same list to Protected Trees or stands of Protected Trees with a cumulative DBH of at least 20” or
more.
• Setbacks
• Lot design standards
• Building heights
• Sidewalks
• Lighting
• Signage
• Parking
• Drainage criteria
• Connectivity
• Driveway separation
• Utility extension
Alternative standards shall be approved by the Director under the provisions for an Administrative Exception.
3.16.020.C and 8.02.050.B.
Page 28 of 197
2020 UDC General Amendments - Tree Preservation and Landscape Regulations UDC Amendment No. 20-03
Page 4 of 8
Issue No. Issues Current Terms Proposed Terms Relevant UDC
Section(s)
TP.09 Consider establishing boundaries for calculating
protected and heritage trees on projects (i.e. floodplain, ROW, Limit of Construction, Phase or Section specific)
Existing trees within the entire project boundary (including
floodplain or ROW dedication) can be credited toward the existing trees remaining.
All trees within a property that has a floodplain may be
considered for tree preservation and mitigation credit.
• Trees within the floodplain may be counted as credit trees for purposes of tree mitigation
• Credit trees preserved within the developable area may be counted at a higher ratio of 2:1
No trees shall be considered existing trees if located in an area proposed for right-of-way dedication/reservation
where no public improvements are required to be constructed as a part of the scope of work.
8.02.030.F and
8.02.040.C.2.a.ii
TP.10 Consider requiring additional information on the
health of a protected and heritage tree to address disease control issues as it relates to tree preservation.
Health information is only encouraged, not required. Require Tree Inventory to learn the health of a tree.
Tree Inventory = species, size, disease and type of disease, health of tree, % of canopy cover
8.05.010.A.1
and 8.05.020.A.1
TP.11 Consider additional options for tree mitigation. Divide Protected Trees into two classes:
Tree Size Mitigation Fee
Protected (12” +) $150
Heritage (26” +) $200
Divide Protected Trees into three classes:
Tree Size Mitigation Fee
Protected (12” – 18”) $125
Protected (18” +) $175
Heritage $225 Removals in excess of the number of trees allowed to be
removed = standard mitigation plus 50% Clarify that mitigation by “On-Site Replacement Trees” shall
first be considered foremost, within site feasibility limitations, before other mitigation options. Developer shall provide a letter of intent which identifies
the project trigger for when mitigation plantings are to be installed.
• City will draft standard language to be included with letter of intent to address review of plantings
and refund of mitigation fees paid, in whole or in part, following verification of on-site mitigation plantings.
8.02.030.E.2.b,
8.02.040.C , 8.02.040.C.4.b
and c, 8.05.010.A.3, and
8.05.020.A.4
Page 29 of 197
2020 UDC General Amendments - Tree Preservation and Landscape Regulations UDC Amendment No. 20-03
Page 5 of 8
Issue No. Issues Current Terms Proposed Terms Relevant UDC
Section(s)
TP.12 Consider altering the situations in which required
landscaping trees can be removed – specifically related to signage.
Removed trees and mitigate for the size and species of the
tree. Mitigation trees must be planted along the same side of the building or parking lot.
Remove and replace with a tree or trees that will reach a
similar size as the removed tree.
• Grouping replacement tree(s) within the same required planting area where feasible (street yard,
parking lot, gateway buffer, etc.)
• Trees must be planted so that they will not impede
signage visibility in the future
8.06.060
Street yards, Gateways and Parking
Issue No. Issues Current Terms Proposed Terms Relevant UDC Section(s)
SY.01 Consider allowing the use of artificial turf for single-family residential Artificial turf is not permitted in a single or two-family residential property. Artificial turf, when proposed, shall be limited to the rear yard only. When the rear yard abuts a local or collector-level street, artificial turf shall be limited to the area
screened from view from the adjacent right-of-way. Artificial turf shall be prohibited within an easement.
Include standards that define preferred artificial turf. Artificial turf must comply with impervious cover limitations.
8.03.030; 8.06.020.C.3 and 8.06.040.F
Page 30 of 197
2020 UDC General Amendments - Tree Preservation and Landscape Regulations UDC Amendment No. 20-03
Page 6 of 8
Issue No. Issues Current Terms Proposed Terms Relevant UDC
Section(s)
SY.02 Consider establishing different or alternative street
yard requirements, particularly for projects with buildings at great distance from the road and/or phased projects.
Street yard requirements are determined by 3 different street
yard areas:
Street yard Size (sq.ft) Landscape Area # Trees # Shrubs
<50,000 20% 1 / 5,000 sq.ft. 3 / 5,000 sq.ft.
50,000 –
500,000
20% 10 for 1st 50,000
sq.ft. 1 / additional 10,000 sq.ft.
30 for 1st 50,000
sq.ft. 3 / additional 10,000 sq.ft.
>500,000 20% 55 for 1st 500,000 1 / additional 25,000 sq.ft.
175 for 1st 500,000 sq.ft. 3 / additional
25,000 sq.ft.
Revise Street yard size thresholds to reflect sizes more
commonly seen and updated planting requirements for each threshold
Street yard Size (sq.ft) Landscape Area # Trees # Shrubs
<10,000 20% 1 / 2,500 sq.ft. 3 / 2,500 sq.ft.
10,000 – 100,000 20% 4 for 1st 10,000 sq.ft. 1.5 / additional
10,000 sq.ft.
12 for 1st 10,000 sq.ft. 4 / additional
10,000 sq.ft.
>100,000 20% 18 for 1st 100,000 2 / additional
20,000 sq.ft.
48 for 1st 100,000 sq.ft.
5 / additional 20,000 sq.ft.
Create a street yard planting percentage option that focus heaviest plantings near the ROW.
• Required for phased projects – to be completed in Phase 1 Screening and Bufferyard plantings are still in addition to all other requirements.
10% (Low-level) of street yard plantings located within 28 feet of building façade
30% (Mid-level) of street yard plantings located between Low-level and High-level planting zone
60% (High-level) of street yard plantings located between ROW & Mid-level planting zone
8.04.030
Page 31 of 197
2020 UDC General Amendments - Tree Preservation and Landscape Regulations UDC Amendment No. 20-03
Page 7 of 8
Issue No. Issues Current Terms Proposed Terms Relevant UDC
Section(s)
SY.03 Clarify the applicability of Gateway landscape
requirements (and how these relate to other landscape requirements)
Gateway standards do not apply when another zoning overlay
district exists. Gateway overlay districts boundary are determined by: - Right-of-way line of each applicable roadway
- Centerline of the roadway when conflicting gateway overlay districts occur
Gateway standards shall apply when more stringent than
the standard of any other overlay district Clean-up referenced code sections Gateway overlay boundaries extend up to a maximum
depth of 100 feet from the edge on the right-of-way line on either side.
4.11, 8.04.050
SY.04 Clarify the applicability of landscape requirements for inventory lots related to an auto sales use “Vehicle display and sales areas” are exempt from the parking lot landscape requirements. Define “vehicle display and sales areas” as the area specifically reserved for the display and storage of vehicles
actively for sale. These areas shall not include areas reserved for required parking spaces, parking of vehicles in service, or areas
reserved for the storage of vehicles not actively for sale.
8.04.040.C
SY.05 Consider measures or alternatives to address conflicts between signage, utilities and easements, and
landscape requirements
An Administrative Exception may be requested for an alternative Landscape design. When required shade trees conflict with signage or utility easement, one or more of the following options may be
proposed to meet the requirement:
• Ornamental trees, additional medium and small shrubs around monument signs may be used to
meet required gateway shade trees at a ratio as defined below:
2 ornamental trees = 1 shade tree, or
1 ornamental tree and 20 small to medium
shrubs = 1 shade tree, or
• No more than 25% of the mature canopy size may encroach onto an easement, sign, or any other
conflict point; or
• Gateway landscape buffer shall extend a minimum
of 10 feet beyond any conflicting easement.
8.06.030.D.6
Screening and Water Conservation
Page 32 of 197
2020 UDC General Amendments - Tree Preservation and Landscape Regulations UDC Amendment No. 20-03
Page 8 of 8
Issue No. Issues Current Terms Proposed Terms Relevant UDC
Section(s)
SBW.01 Clarify screening requirements for alternative waste
containers
Dumpsters are subject to locational and design standards
including distance from property line, placement on reinforced concrete pads, screening materials, gate materials, and features to protect enclosures from truck operations.
Other waste and recycling container enclosures shall also
be subject to the dumpster locational and design standards. Location of waste and recycling container enclosures shall
also comply with the standards of the waste collection service provider.
8.04.070.D
SBW.02 Review current nonresidential landscaping requirements regarding the city’s water conservation
efforts
Grassed areas are encouraged to be planted with drought resistant species such as (but not limited to) Bermuda, Zoysia,
or Buffalo. 50% of plant materials must be low water users. Solid sod shall be used in swales or on 3:1 or greater slopes
or other areas subject to erosion. Synthetic or artificial lawns or plants are not allowed.
Continue to encourage grassed areas to be planted with drought resistant species such as (but not limited to)
Bermuda, Zoysia, or Buffalo, when grassed areas are provided. Continue to require a minimum of 50% of the total number
of plant materials to be low water user plants.
• For every additional 10% of plants classified as low
water users, an additional 1% of impervious cover, up to a maximum of 3%, may be granted. Continue to require solid sod in swales, and on 3:1 or greater slopes or other areas subject to erosion. For all other areas, sod shall be limited to the remaining
percentage of plant material that are not low water user plants.
• Exemptions: dog parks; open recreational/common amenity areas; parkland Allow artificial turfs in areas screened from streets and
adjacent properties, and in accordance with the impervious cover requirements of the project. Artificial turf shall be prohibited within required bufferyards and gateway landscape buffers.
• Include standards that define preferred artificial turf and maintenance requirements.
8.06.020.C.3, 8.06.040.F,
11.02.020.A.7
Page 33 of 197
Diameter Breast Height
(DBH): A tree
measurement at four and
one-half feet above ground
Critical Root Zone (CRZ):
Circular region measured
outward from the tree trunk
identifying the essential root
area that must be protected
Protected Tree: 12”+ , non-excluded species
Heritage Tree: 26”+, Varieties of Oak, Pecan,
Walnut, Bald Cypress, Am. Elm, Cedar Elm,
Texas Ashe, Southern Magnolia
Credit Tree: 6” – >12”, non-excluded species
Excluded Species: Hackberry, Chinaberry, Ashe
Juniper (cedar), Chinese Tallow, Mesquite
Essential Terms – Part 1
Page 34 of 197
Essential Terms – Part 2
Street yard: The area between any
adjoining street right-of-way and
existing or proposed building, the
portion of which is closest to the right-
of-way line.
Gateway: Roadways within the City limits to be considered
gateways into Georgetown of which properties fronting such
roadways shall be subject to special landscaping and design
standards.
Shade Tree: The largest plants in the
landscape that provide the overhead
structure needed for shading and
under which other plants live and grow.
Page 35 of 197
Tree Preservation and Landscape Standards UDC Amendments
General Amendment No. 20-03
Public Comments received - Public Comment Period No. 2
Public Comments received - Public Comment Period No. 1
* Office Hours discussion
* Survey response
* Comment Letters
*Survey response
Page 36 of 197
Survey on Additional UDC Tree Preservation Topic s
1 / 5
75.00%3
25.00%1
Q1 Do you have any comments or concerns on the proposed changes to
the UDC requirements for credit trees?
Answered: 4 Sk ipped: 0
TOTAL 4
No
If yes, please
leave commen...
0%10%20%30%40%5 0%60%70%80%90%100%
ANSWER CHOICES RESPONSES
No
If y es, please leav e c omment below.
Page 37 of 197
Survey on Additional UDC Tree Preservation Topic s
2 / 5
50.00%2
50.00%2
Q2 Do you have any comments or concerns on the proposed changes to
the UDC requirements for on-site mitigation plantings in residential
streetyards?
Answered: 4 Sk ipped: 0
TOTAL 4
No
If yes, please
leave commen...
0%10%20%30%40%5 0%60%70%80%90%100%
ANSWER CHOICES RESPONSES
No
If y es, please leav e c omment below.
Page 38 of 197
Survey on Additional UDC Tree Preservation Topic s
3 / 5
100.00%4
0.00%0
Q3 Do you need more information to understand the proposed changes?
Answered: 4 Sk ipped: 0
TOTAL 4
No
Yes
0%10%20%30%40%5 0%60%70%80%90%100%
ANSWER CHOICES RESPONSES
No
Yes
Page 39 of 197
Survey on Additional UDC Tree Preservation Topic s
4 / 5
100.00%1
100.00%1
100.00%1
Q4 If you would like staff to follow up with you about your questions,
please provide your contact information below:
Answered: 1 Sk ipped: 3
ANSWER CHOICES RESPONSES
Name
Phone
Email
Page 40 of 197
Survey on Additional UDC Tree Preservation Topic s
5 / 5
Q5 Please provide any additional comments below.
Answered: 3 Sk ipped: 1
Page 41 of 197
Survey on Additional UDC Tree Preservation Topics
1 / 4
Q1
Do you have any comments or concerns on the proposed
changes to the UDC requirements for credit trees?
No
Q2
Do you have any comments or concerns on the proposed
changes to the UDC requirements for on-site mitigation
plantings in residential streetyards?
Too many trees are being destroyed during the site prep
phase. More care need to be given to allow existing trees to
remain in areas where homes will be built.
If yes, please leave comment below.:
Q3
Do you need more information to understand the proposed
changes?
No
Q4
If you would like staff to follow up with you about your questions, please provide your contact information below:
Name
Phone
Email
Q5
Please provide any additional comments below.
Shade trees are so important to the health of our community. Wholesale destruction of the tress to install large dense subdivisions is
unacceptable especially when building footprint areas are known. Back yard and front yard trees can be saved.
#1#1
INCOMPLETEINCOMPLETE
Collector:Collector: Web Link 1 Web Link 1 (Web Link)(Web Link)
Started:Started: Wednesday, June 02, 2021 12:57:12 PMWednesday, June 02, 2021 12:57:12 PM
Last Modified:Last Modified: Wednesday, June 02, 2021 1:02:41 PMWednesday, June 02, 2021 1:02:41 PM
Time Spent:Time Spent: 00:05:2800:05:28
IP Address:IP Address: 74.192.155.2474.192.155.24
Page 1
Page 42 of 197
Survey on Additional UDC Tree Preservation Topic s
2 / 4
Q1
Do you hav e any com ments or c oncerns on the proposed
c hanges to the UDC requirements for credit trees ?
No
Q2
Do you hav e any com ments or c oncerns on the proposed
c hanges to the UDC requirements for on-s ite m itigation
plantings in residential s treetyards ?
No
Q3
Do you need more information to understand the proposed
c hanges?
No
Q4
If y ou would like s taff to follow up with y ou about your
questions, please prov ide y our c ontac t information below:
Respondent skipped this question
Q5
Please prov ide any additional comments below.
Respondent skipped this question
#2#2
INCOMPLETEINCOMPLETE
Col lector:Col lector: Web Link 1 Web Link 1 (Web Link )(Web Link )
Started:Started: Thurs day, J une 03, 2021 11:39:53 AMThursday, J une 03, 2021 11:39:53 AM
Last Modified:Last Modified: Thurs day, J une 03, 2021 11:41:28 AMThursday, J une 03, 2021 11:41:28 AM
Time Spent:Time Spent: 00:01:3400:01:34
IP Address:IP Address: 24.227.161.16624.227.161.166
Page 1
Page 43 of 197
Survey on Additional UDC Tree Preservation Topic s
3 / 4
Q1
Do you hav e any com ments or c oncerns on the proposed
c hanges to the UDC requirements for credit trees ?
Abs olutely NOT! So t ired of the city allowing thes e
dev elopers to c ome in and mow all of t he nature down. I t's
lik e none of y 'all hav e ever taken a s c ience clas s .
If y es, please leave c omment below.:
Q2
Do you hav e any com ments or c oncerns on the proposed
c hanges to the UDC requirements for on-s ite m itigation
plantings in residential s treetyards ?
NOOOOO!!!!! The c urrent t ree mitigation allowanc es aren't
nearly good enough
If y es, please leave c omment below.:
Q3
Do you need more information to understand the proposed
c hanges?
No,
Oh no, we understand. Keep lov ing money s o much and we
won't hav e a planet anynmore!
If y es, please s pec ify information needed.:
Q4
If y ou would like s taff to follow up with y ou about your
questions, please prov ide y our c ontac t information below:
Respondent skipped this question
Q5
Please prov ide any additional comments below.
J us t stop!
#3#3
INCOMPLETEINCOMPLETE
Col lector:Col lector: Web Link 1 Web Link 1 (Web Link )(Web Link )
Started:Started: Wednesday, June 09, 2021 10:25:35 AMWednesday, June 09, 2021 10:25:35 AM
Last Modified:Last Modified: Wednesday, June 09, 2021 10:32:25 AMWednesday, June 09, 2021 10:32:25 AM
Time Spent:Time Spent: 00:06:4900:06:49
IP Address:IP Address: 47.220.194.12947.220.194.129
Page 1
Page 44 of 197
Survey on Additional UDC Tree Preservation Topic s
4 / 4
Q1
Do you hav e any com ments or c oncerns on the proposed
c hanges to the UDC requirements for credit trees ?
No
Q2
Do you hav e any com ments or c oncerns on the proposed
c hanges to the UDC requirements for on-s ite m itigation
plantings in residential s treetyards ?
No
Q3
Do you need more information to understand the proposed
c hanges?
No
Q4
If y ou would like s taff to follow up with y ou about your
questions, please prov ide y our c ontac t information below:
Respondent skipped this question
Q5
Please prov ide any additional comments below.
Ethan and Steve did a wonderful job work ing with and finding a great balance between what dev elopers want and the purpos e and
goals of t he Cit y to encourage preserv ation of one of its great est assets : the trees that c ontribut e to Georgetown’s natural beauty.
Thank y ou staf f for all the hard and great work!
#4#4
INCOMPLETEINCOMPLETE
Col lector:Col lector: Web Link 1 Web Link 1 (Web Link )(Web Link )
Started:Started: Wednesday, June 09, 2021 8:44:27 PMWednesday, June 09, 2021 8:44:27 PM
Last Modified:Last Modified: Wednesday, June 09, 2021 8:49:24 PMWednesday, June 09, 2021 8:49:24 PM
Time Spent:Time Spent: 00:04:5600:04:56
IP Address:IP Address: 74.192.144.19674.192.144.196
Page 1
Page 45 of 197
Tree Preservation and Landscape Standards UDC Amendments
General Amendment No. 20-03
Public Comments received
* Office Hours discussion
* Survey response
* Comment Letters
Page 46 of 197
Tree Preservation and Landscape Standards
General Amendment No. 20-03
Page 1 of 2
Office Hours Public Comments/Feedback (January 19 – February 5)
Friday February 5, 9:30am
•Mitigation fees do not incentivize protection of trees or on-site replacement. Depending
on tree species, it is more cost effective to pay the mitigation fee than to replace it with
new trees when considering the cost of the tree plus labor.
o Staff Response: A study of current mitigation fees may be warranted in the future.
•Consider counting new shrub plantings, in addition to new trees, as credit for
mitigation.
o Staff Response: For Tree Mitigation requirements, shrubs do not meet the intent of
replacing lost tree canopy or caliper inches.
•Provide list of recommended tree species for areas along sidewalks/trails, tight spaces,
parking lots, in front of buildings, etc. Certain tree species, as they grow, will cause
damage to the sidewalk or other public/private improvements, or cover buildings that
may want to showcase. Having a list of recommended tree species for these situations
may facilitate design of site.
o Staff Response: This is something that can be incorporated in the updating of the
Preferred Plant list.
Friday February 5, 10:30am
•Landscape Architect (LA) agreed that Tree Amendments are good for Tree Preservation
but can be frustrating when looking at large industrial site.
o Staff Response: In agreeance
•If existing trees in the ROW are not counted as existing, then do I still have to mitigate
them? What about new Overall Transportation Plan (OTP) roads? Might this also extend
to utility work?
o Staff Response: Mitigation is required for removed trees within the R.O.W., Mitigation is
required on OTP roads as well as utility work projects. This is a current requirement; no
changes are proposed.
•Third tree class is great for developers! Helps with costs on sites that may be former
farmland and have been let turn fallow. These sites tend to have trees that land in the
lower protected tree class.
o Staff Response: In agreeance
•Can the Preferred Plant List be updated to include more low water users? TAMU has a
great low water user list.
•Limits on turf in SBW.02 do not make developers happy, but would make LAs and
designers happy. Can temporary irrigation be used to establish native turf species?
o Staff Response: In agreeance on turf limitations; Current UDC irrigation requirements
allow for 3 options; no changes are proposed to the requirements.
Page 47 of 197
Tree Preservation and Landscape Standards
General Amendment No. 20-03
Page 2 of 2
• Synthetic turf would be great to not have to be screened. Especially true on
playgrounds, sports fields, K-12 facilities, daycares, etc. – this creates safety issues. Some
new glass and buildings materials can create heat that can melt artificial turf.
o Staff Response: Screening requirements for playscapes, sports fields, and other similar
recreational fields have been adjusted to not hinder safety issues.
• In street yards, could we use more 3 gallon or 1-gallon shrubs to meet planting
requirements? It can be difficult to find 5 gallons plants with heavy demand on
suppliers.
o Staff Response: Current UDC minimum planting requirements for shrubs are 1 gallon,
no changes are proposed to the requirements.
• Ornamental trees can still block signage. Can more shrubs be used instead of ornamenta l
trees?
o Staff Response: UDC would just provide flexibility on location on ornamental trees that
should address this concern.
Page 48 of 197
Amendments to City of Georgetown Unified Development Code Survey
1 / 2
Q1
Do the proposed UDC amendm ents addres s the identified
is s ues ?
Yes
Q2
Are the proposed changes easy to unders tand?
Yes
Q3
Do you need more information?
No
Q4
If y es, pleas e prov ide y our c ontac t information below:
no
Q5
Please prov ide any additional comments below.
Inc reas e how often pruning permits are rev iewed
#1#1
COMPLETECOMPLETE
Col lector:Col lector: Web Link 1 Web Link 1 (Web Link )(Web Link )
Started:Started: Tues day, J anuary 26, 2021 10:32:22 AMTuesday, J anuary 26, 2021 10:32:22 AM
Last Modified:Last Modified: Tues day, J anuary 26, 2021 10:33:48 AMTuesday, J anuary 26, 2021 10:33:48 AM
Time Spent:Time Spent: 00:01:2500:01:25
IP Address:IP Address: 69.7.160.14669.7.160.146
Page 1
Page 49 of 197
Amendments to City of Georgetown Unified Development Code Survey
2 / 2
Q1
Do the proposed UDC amendm ents addres s the identified
is s ues ?
No
Q2
Are the proposed changes easy to unders tand?
Yes
Q3
Do you need more information?
No
Q4
If y es, pleas e prov ide y our c ontac t information below:
Respondent skipped this question
Q5
Please prov ide any additional comments below.
Tree mitigation requirements s hould be allowed in lots . Protected trees are 12" and abov e, however mitigation c redits are only giv en for
trees 18" and abov e. This inconsistency s hould be fix ed.
#2#2
COMPLETECOMPLETE
Col lector:Col lector: Web Link 1 Web Link 1 (Web Link )(Web Link )
Started:Started: Wednesday, February 03, 2021 4:05:05 PMWednesday, February 03, 2021 4:05:05 PM
Last Modified:Last Modified: Wednesday, February 03, 2021 4:11:41 PMWednesday, February 03, 2021 4:11:41 PM
Time Spent:Time Spent: 00:06:3500:06:35
IP Address:IP Address: 70.112.239.20870.112.239.208
Page 1
Page 50 of 197
Amendments to City of Georgetown Unified Development Code Survey
1 / 5
50.00%1
50.00%1
0.00%0
Q1 Do the proposed UDC amendments address the identified issues?
Answered: 2 Sk ipped: 0
TOTAL 2
Yes
No
If no, pl ease
expl ain.
0%10%20%30%40%5 0%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes
No
If no, please explain.
Page 51 of 197
Amendments to City of Georgetown Unified Development Code Survey
2 / 5
100.00%2
0.00%0
0.00%0
Q2 Are the proposed changes easy to understand?
Answered: 2 Sk ipped: 0
TOTAL 2
Yes
No
If no, pl ease
expl ain.
0%10%20%30%40%5 0%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes
No
If no, please explain.
Page 52 of 197
Amendments to City of Georgetown Unified Development Code Survey
3 / 5
0.00%0
100.00%2
Q3 Do you need more information?
Answered: 2 Sk ipped: 0
TOTAL 2
Yes
No
0%10%20%30%40%5 0%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes
No
Page 53 of 197
Amendments to City of Georgetown Unified Development Code Survey
4 / 5
Q4 If yes, please provide your contact information below:
Answered: 1 Sk ipped: 1
Page 54 of 197
Amendments to City of Georgetown Unified Development Code Survey
5 / 5
Q5 Please provide any additional comments below.
Answered: 2 Sk ipped: 0
Page 55 of 197
Page 56 of 197
Page 57 of 197
Page 58 of 197
Page 59 of 197
Page 60 of 197
Page 61 of 197
Tree Preservation and Landscape Standards
General Amendment No. 20-03
Page 1 of 2
Office Hours Public Comments/Feedback (January 19 – February 5)
Friday February 5, 9:30am
• Mitigation fees do not incentivize protection of trees or on-site replacement. Depending
on tree species, it is more cost effective to pay the mitigation fee than to replace it with
new trees when considering the cost of the tree plus labor.
o Staff Response: A study of current mitigation fees may be warranted in the future.
• Consider counting new shrub plantings, in addition to new trees, as credit for
mitigation.
o Staff Response: For Tree Mitigation requirements, shrubs do not meet the intent of
replacing lost tree canopy or caliper inches.
• Provide list of recommended tree species for areas along sidewalks/trails, tight spaces,
parking lots, in front of buildings, etc. Certain tree species, as they grow, will cause
damage to the sidewalk or other public/private improvements, or cover buildings that
may want to showcase. Having a list of recommended tree species for these situations
may facilitate design of site.
o Staff Response: This is something that can be incorporated in the updating of the
Preferred Plant list.
Friday February 5, 10:30am
• Landscape Architect (LA) agreed that Tree Amendments are good for Tree Preservation
but can be frustrating when looking at large industrial site.
o Staff Response: In agreeance
• If existing trees in the ROW are not counted as existing, then do I still have to mitigate
them? What about new Overall Transportation Plan (OTP) roads? Might this also extend
to utility work?
o Staff Response: Mitigation is required for removed trees within the R.O.W., Mitigation is
required on OTP roads as well as utility work projects. This is a current requirement; no
changes are proposed.
• Third tree class is great for developers! Helps with costs on sites that may be former
farmland and have been let turn fallow. These sites tend to have trees that land in the
lower protected tree class.
o Staff Response: In agreeance
• Can the Preferred Plant List be updated to include more low water users? TAMU has a
great low water user list.
• Limits on turf in SBW.02 do not make developers happy, but would make LAs and
designers happy. Can temporary irrigation be used to establish native turf species?
o Staff Response: In agreeance on turf limitations; Current UDC irrigation requirements
allow for 3 options; no changes are proposed to the requirements.
Page 62 of 197
Tree Preservation and Landscape Standards
General Amendment No. 20-03
Page 2 of 2
• Synthetic turf would be great to not have to be screened. Especially true on
playgrounds, sports fields, K-12 facilities, daycares, etc. – this creates safety issues. Some
new glass and buildings materials can create heat that can melt artificial turf.
o Staff Response: Screening requirements for playscapes, sports fields, and other similar
recreational fields have been adjusted to not hinder safety issues.
• In street yards, could we use more 3 gallon or 1-gallon shrubs to meet planting
requirements? It can be difficult to find 5 gallons plants with heavy demand on
suppliers.
o Staff Response: Current UDC minimum planting requirements for shrubs are 1 gallon,
no changes are proposed to the requirements.
• Ornamental trees can still block signage. Can more shrubs be used instead of ornamenta l
trees?
o Staff Response: UDC would just provide flexibility on location on ornamental trees that
should address this concern.
Page 63 of 197
Tree Preservation and Landscape Standards
General Amendment No. 20‐03 ***DRAFT***
Added language is underlined Page 1 of 6 Chapter 3
Deleted language is strikethrough
Chapter 3 ‐ APPLICATIONS AND PERMITS
***
SECTION 3.16. ‐ ADMINISTRATIVE EXCEPTION
***
Sec. 3.16.020. ‐ Authority.
***
C. The Director or Building Official shall have authority to consider alternative design plan(s)
or other uses or requirements for the following situations:
1. Courthouse view overlay height exception (per Section 4.12.040).
2. Alternative residential boundary wall (per Section 8.07.060).
3. Alternative building design plan (per Section 7.04.070).
4. Alternative landscape standards (per Section 8.05.050).
5. Alternative parking plan (per Section 9.02.050).
6. Alternative sign plan (per Section 10.01.090).
7. Alternative fences (per Section 8.07.080).
8. Change of use (per Section 14.02.030).
9. Expansion of nonconforming uses (per Section 14.02.050).
10. Postponement of required improvements (per Section 14.05.070).
11. Heritage Tree or Protected Tree Preservation Priority (per Section 8.02.050)
Sec. 3.16.030. ‐ Approval Criteria.
To approve an application for an Administrative Exception, the Director or Building Official must
determine that the following criteria are met:
A. That granting the Administrative Exception serves an obvious and needed purpose.
Page 64 of 197
Tree Preservation and Landscape Standards
General Amendment No. 20‐03 ***DRAFT***
Added language is underlined Page 2 of 6 Chapter 3
Deleted language is strikethrough
B. That granting the Administrative Exception will ensure an equal or better level of design or
land use compatibility as the otherwise applicable standards.
C. That granting the Administrative Exception will not materially and adversely affect adjacent
land uses and the physical character of uses in the immediate vicinity of the proposed
development.
D. That granting the Administrative Exception will be consistent with the purposes and intent
of this Unified Development Code.
Sec. 3.16.040. ‐ Expiration of Administrative Exception.
The Administrative Exception shall expire if the companion application expires, according to the
specified expiration in this chapter. If the Administrative Exception is a stand alone application
the approval will expire in 24 months, if the exception is not utilized in a manner consistent with
the approval.
***
SECTION 3.23. ‐ HERITAGE TREE REMOVAL PERMIT
Sec. 3.23.010. ‐ Purpose.
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. Protected and Heritage trees shall not be removed without first securing approval from
the City.
Sec. 3.23.020. ‐ Applicability.
A. The provisions of this section shall apply to all property located within the corporate limits
and in the extra territorial jurisdiction (ETJ) of the City.
B. The provisions of this section apply to all development subject to this Code, except as noted
below, whether or not there is an active permit for the project.
Single‐family or two‐family residential lots approved and platted prior to February 13, 2007,
are exempt from the requirement of a heritage tree removal permit. However, single‐family
and two‐family lots platted after February 13, 2007 are subject to the heritage tree protection
provisions in Section 8.02, which shall apply to the developer, and home builder and
homeowner. Not withstanding the preceding exemption, if a future change of use from a
single‐family or two‐family home to any other use triggers a permit under this Code then the
provisions of the Heritage Removal Permit will be required.
Page 65 of 197
Tree Preservation and Landscape Standards
General Amendment No. 20‐03 ***DRAFT***
Added language is underlined Page 3 of 6 Chapter 3
Deleted language is strikethrough
Sec. 3.23.030. – Pre‐Application ConferenceReserved.
Pursuant to Section 3.02.010, 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.
Sec. 3.23.040. – Review Process.
Review of a Heritage Tree Removal Permit shall follow the administrative review procedures set
forth in Section 3.03.040, subject to the criteria for approval set forth below.
Sec. 3.23.050. – Criteria for Approval.
No Heritage Tree Removal Permit shall be approved unless it is determined by the Urban Forester
or their designee, that the proposed removal is justified, based on the tree species and site
conditions of the tree. In making this determination the following will be evaluated:
A. Tree species;
B. Tree size/number of trunks;
C. Tree health and viability;
D. Tree location;
E. Protected and heritage trees to remain on site; and
F. Whether the project can be developed without tree removal.
Sec. 3.23.060. – Submission Requirements.
A. Statement of justification for tree removal.
B. Copy of companion plat, Site Development Plan or concept plan for the permit or
authorization that required compliance with this section.
C. Copy of tree survey, if applicable. If no tree survey exists, location of tree identified, tree
type, size, condition, etc.
D. A photo of the treeʹs canopy and trunk, labeled with the corresponding tree number on the
companion tree survey, shall be submitted with the application for a heritage tree removal
permit.
Page 66 of 197
Tree Preservation and Landscape Standards
General Amendment No. 20‐03 ***DRAFT***
Added language is underlined Page 4 of 6 Chapter 3
Deleted language is strikethrough
Sec. 3.23.070. – Responsibility for Final Action.
A. The Urban Forester is responsible for final action on Heritage Tree Removal Permits.
B. Upon receipt of the application, the Urban Forester shall inspect the subject tree and approve
or deny the application in accordance with the provisions of this section within ten working
days of the date of the application. Upon written request from the owner or the owner(s)ʹs
representative, said date for the Urban Foresterʹs final decision may be extended for a period
of up to 15 additional days. If a decision by the Urban Forester would delay construction that
is already properly permitted, commenced and in‐progress, the Urban Forester or their
designee shall approve or deny the application within two working days.
C. An applicant may appeal a denial of a Heritage Tree Removal Permit to the City Council.
Such appeal must be made in writing and received by the Director within 30 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 earliest possible regularly scheduled meeting
of the City Council. The City Council shall review the request and render a decision
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 all applicable provisions of this
Code, including mitigation.
D. If the Urban Forester approves an application for a permit to remove a Protected or heritage
Heritage tree, then the applicant shall, no later than 30 days from the date of approval of the
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 irrigation plan for the
proposed mitigation trees.
E. If the required mitigation plan is not submitted within 30 days of the application approval,
and the heritage subject tree has not been totally removed, the tree removal permit will be
declared inactive and tree removal shall not commence. If the tree removal has taken place
within that 30‐day period and the mitigation tree planting plan has not been submitted, then
no additional permits shall be issued for the project associated with the tree removal until
the planting plan is submitted.
Sec. 3.23.080. – Expiration.
A Heritage Tree Removal Permit shall remain valid for the longer of:
A. The period of validity of the permit or authorization that required compliance with this
section; or
Page 67 of 197
Tree Preservation and Landscape Standards
General Amendment No. 20‐03 ***DRAFT***
Added language is underlined Page 5 of 6 Chapter 3
Deleted language is strikethrough
B. One hundred eighty days from the issuance of the tree removal permit.
SECTION 3.24. ‐ HERITAGE TREE PRUNING PERMIT
Sec. 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 pruning shall be performed. Heritage trees shall not be pruned without first
securing approval from the City.
Sec. 3.24.020. – Applicability.
A. The provisions of this section shall apply to all property located within the corporate limits
and in the extra territorial jurisdiction (ETJ) of the City.
B. A Heritage Tree Pruning Permit shall be required for any pruning of a heritage tree located
on all properties, including single‐family and two‐family lots platted after February 13, 2007;
however, a tree pruning permit shall only be required during the original home construction.
Not withstanding the preceding exemption, if a future change of use from a single‐family or
two‐family home to any other use triggers a permit under this Code then the provisions of
the Heritage Pruning Permit will be required.
Sec. 3.24.030. – Review Process.
Review of a Heritage Tree Pruning Permit shall follow the administrative review procedures set
forth in Section 3.03.040, subject to the criteria for approval set forth below.
Sec. 3.24.040. ‐ Criteria for Approval.
No Heritage Tree Pruning Permit will be approved unless it is determined by the Urban Forester
or their designee, that the proposed pruning is justified based on the health or viability of the tree
and that the proposed pruning will not negatively impact the health and appearance of the tree.
In making this determination the following will be evaluated:
A. Reason for pruning request;
B. Tree location;
C. Percent of canopy to be removed;
D. Tree health; and
E. Whether an ISA Certified Arborist is going to perform the pruning.
Page 68 of 197
Tree Preservation and Landscape Standards
General Amendment No. 20‐03 ***DRAFT***
Added language is underlined Page 6 of 6 Chapter 3
Deleted language is strikethrough
Sec. 3.24.050. – Submission Requirements.
A. Statement of justification for tree pruning.
B. Copy of companion plat, Site Development Plan or concept plan for the permit or
authorization that required compliance with this section.
C. A photo (digital or hardcopy) of the tree, labeled with the tree number on the tree survey,
DBH, species, and contractorʹs ISA certification number, shall be submitted with the
application for a Heritage Tree Pruning Permit.
Sec. 3.24.060. – Responsibility for Final Action.
A. The Urban Forester is responsible for final action on Heritage Tree Pruning Permits.
B. Upon receipt of the application, the Urban Forester shall inspect the subject tree and approve
or deny the application in accordance with the provisions of this section within ten working
days of the date of the application.
C. An applicant may appeal the denial of a Heritage Tree Pruning Permit to the Director. Such
appeal must be made in writing and received by the Director within 30 days of the date of
the decision on the application by the Urban Forester. The request for appeal shall set forth
the specific reasons for the appeal and state the specific reasons for disagreement with the
decision of the Urban Forester, including the basis for the applicantʹs position that the
application should have been granted. The Director shall review the request and render a
decision affirming, affirming in part, conditionally affirming or reversing the determination
of the Urban Forester.
Sec. 3.24.070. – Expiration.
The Heritage Tree Pruning Permit shall remain valid for 180 days from date of issuance.
***
***
Page 69 of 197
Tree Preservation and Landscape Standards
General Amendment No. 20-03 ***DRAFT***
Added language is underlined Page 1 of 5 Chapter 4
Deleted language is strikethrough
Chapter 4 - ZONING DISTRICTS
***
SECTION 4.11. - GATEWAY OVERLAY DISTRICT
This section establishes that certain roadways within the City limits shall be considered gateways
into Georgetown and properties fronting such roadways shall be subject to special landscaping
and design standards.
This map is available for viewing at the office of the Planning and Development Department office or as a
downloadable map at http://maps.georgetown.org. The map is simply a graphical depiction of each corridor;
it does not infer boundaries or a hierarchy of roadways for determining the gateway classification.
Purpose and Intent.
The purpose of the Gateway Overlay districts (Gateways) is to protect and enhance the entrance
corridors to the City and Downtown with landscaping, setbacks, and special design standards.
The intent of the Gateways areis to establish entrance corridors that herald the approach to the
City, define the arrival to a destination, and link common elements together.
Sec. 4.11.010. - Applicability.
All properties within The Gateway Overlay districts shall be designated on both side of the
specific corridors listed in Section 4.11.0304.11.020, and shall extend up to a have a maximum
width of 100 feet measured from the edge of the right-of-way. Properties within the Gateway
Overlay districts shall follow the design standards in Section 4.11.040 4.11.030 and landscaping
Page 70 of 197
Tree Preservation and Landscape Standards
General Amendment No. 20-03 ***DRAFT***
Added language is underlined Page 2 of 5 Chapter 4
Deleted language is strikethrough
provisions set forth in Section 8.04.050 at the time of development. Gateway planting
requirements may be credited toward the landscape requirements per in accordance with
Chapter 8. Where the requirements of this section and the underlying zoning district conflict, the
standards of this section shall apply. However, iIf another zoning overlay district exists on the
property, the Gateway more stringent standards shall not apply.
Sec. 4.11.020. - Gateway Corridors.
The following corridors include roadways that are considered gateways into the community.
Each Gateway category represents different roadways in town and may contain differing
landscape buffer sizes and landscaping/design requirements. The relevant Gateway landscape
buffer shall be shown on a plat and/or Site Development Plan as a landscape easement. The
landscape buffer shall be considered to begin at the right-of-way line of each applicable roadway,
regardless of the distance from the actual road. When Gateway corridors intersect or abut each
other, the centerline of the roadway shall be used to determine the division of the corridor.
A. Highway Gateways—25-Foot Landscape Buffer.
The purpose of the Highway Gateway is to positively reflect the image of the City by enhancing
development with well designed Site Plans and landscaping while maintaining a safe and
effective interstate highway. Site design proposals along the highway gateways shall break up
large masses of parking and pavement with well planned open space components. Additionally,
careful analysis is required of view corridors from the highway. Strategically placed tree
groupings should be located to frame desired views while screening parking areas. Highway
Gateways include both the highway's main lanes and designated frontage roads.
1. Interstate Highway 35.
2. State Highway 195.
3. State Spur 158 (North Austin Avenue).
4. State Highway 130.
B. Scenic/Natural Gateways—25-Foot Landscape Buffer.
The purpose of the Scenic/Natural Gateway is to reflect the natural characteristics of the land.
These Georgetown roadways are prominent arterials and growth zones leading into the City. The
purpose of the design standards for the Scenic/Natural Gateway corridors is to maintain the
existing informal character as they develop. For developments that occur along the
Scenic/Natural Gateways, designers shall integrate the natural characteristics of the land into the
landscape design. Informal tree massings, planting of under story trees, incorporation of native
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stones and boulders and use of native grasses and wildflowers are examples of how to blend
required plantings with native plantings.
1. F.M. 2243 (Leander Road).
2. State Highway 29 (University Avenue), west of the intersection of I.H. 35 and east of
the intersection of Southwestern Boulevard.
3. State Spur 26 (South Austin Avenue).
4. F.M. 2338 (Williams Drive).
5. F.M. 971.
6. F.M. 1460.
C. Downtown Gateways—Ten-Foot Landscape Buffer.
The purpose of the Downtown Gateway standards is to enhance and unify the appearance of the
major roadways adjacent to, and directly leading into downtown Georgetown. Because of the
close proximity to the Downtown District, the appearance of the Downtown Gateway shall reflect
a relatively formal, urban extension of the downtown and visually enhance its aesthetic
appearance. In order to establish the formal appearance, trees shall be evenly spaced and located
equal distance behind the property line. Although the intent for the Downtown Gateway
corridors is to establish a consistent, formal landscape appearance, the design standards are not
intended to adversely affect existing trees along the roadways. Variations to these standards are
allowed to provide for the preservation of existing trees.
All non-residential properties in Downtown Gateways are subject to special setback design
requirements, denoted in Subsection 4.11.040030.B.
1. South Austin Avenue, beginning north of the intersection of F.M. 1460/F.M. 2243
(Leander Road) and ending at the southern boundary of the Downtown Overlay
District.
2. North Austin Avenue, beginning at the northern boundary of the Downtown Overlay
District and ending at the intersection of F.M. 2338 (Williams Drive).
3. State Highway 29 (University Avenue), beginning at the western boundary of the
Downtown Overlay District and ending at the intersection of I.H. 35.
4. State Highway 29 (University Avenue), beginning at the eastern boundary of the
Downtown Overlay District and ending at the intersection of Southwestern Boulevard.
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Sec. 4.11.030. – Gateway Design Standards.
A. Landscaping Standards.
Calculation of required landscaping must comply with Section 8.078.04.050, Gateway Overlay
District landscape. Where regulations and requirements for Gateways and the underlying
another zoning district conflict, the more restrictive regulations shall apply.
B. Special Setbacks in the Downtown Gateway.
1. For all non-residential properties in the Downtown Gateway, regardless of zoning
district, the front setback is zero. For purposes of this setback, the property line will be
replaced with the edge of the gateway landscape buffer.
2. Parking is prohibited between the front building line and edge of the Gateway
landscape buffer.
3. The front building line shall comprise of a minimum of 40 forty percent (40%) of the
primary facade of the primary building.
4. Features allowed between the front building line and the landscape buffer shall be
limited to those allowed in Subsection 7.03.030.A.4.a.v.i7.02.030.C.4.
5. Fencing shall meet the requirements in Section 8.07.030.
C. Sidewalks.
Sidewalks shall be required in accordance with Table 12.03.020. All sidewalks shall be constructed
and designed to coordinate the location of any new sidewalks and to tie into existing sidewalks.
If the sidewalk lies within the Gateway landscape buffer, some portion of the site's required
landscaping shall be located between the sidewalk and the designated right-of-way. Properties
in the Downtown Gateway require construction of a minimum six-foot sidewalk. Scenic and
Highway Gateways require sidewalks, where applicable, in accordance with Section 12.02.
D. Parking.
No parking will be allowed within a Gateway landscape buffer and all screening of adjacent
parking will be in accordance with Section 8.04.070.
E. Site Limitations.
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1. Drainage facilities are not allowed within a Gateway landscape buffer except those that
are necessary to convey drainage in the shortest possible route to or from the street
right-of-way, if determined to be required by the Development Engineer. If determined
to be necessary in such instances, the drainage facilities shall follow the design
requirements in Section 11.0504. Drainage facilities include all detention ponds, water
quality ponds, outlet structures, drainage berms, improved channels or other
improvements associated with the drainage improvements.
2. Dumpsters and mechanical equipment are not allowed in the front, side, or rear setback
if the setback is directly adjacent to a Gateway roadway.
3. All utilities installed for the development shall be located underground. The developer
shall not have to retrofit existing utilities.
4. No service areas or service drives shall be permitted to front a Gateway roadway.
F. Boundary Walls.
Residential boundary walls may be required, as described in Section 8.07.060.
***
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Chapter 8 ‐ TREE PRESERVATION, LANDSCAPING AND FENCING
SECTION 8.01. ‐ GENERAL
Sec. 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 land 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 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 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.
Sec. 8.01.020. – Authority.
A. The provisions of this chapter are adopted pursuant to Texas Local Government Code chs.
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 Foresterʹs decisions shall be made to the Director. For this chapter,
appeals of the Directorʹs decisions shall be made to the City Council utilizing the procedures
set forth in Section 3.14, Appeal of an administrative decision.
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Sec. 8.01.030. ‐ Applicability.
This chapter applies to all properties located within the corporate limits and the extra‐territorial
jurisdiction (ETJ) of the City; 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.
• Subsection 8.02.030.D. Heritage Trees
• Subsection 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, and maintenance
• Section 8.07. Fencing
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
Sec
8.02.030.E
Sec
8.03
Sec
8.04
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
Sec. 8.01.040. – Essential Terms Defined.
A. For the purposes of this chapter, the term ʺresidentialʺ shall include Single‐family and Two‐
family development and ʺnon‐residentialʺ shall include all other uses, including Townhouse
and Multi‐family.
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B. For the purposes of this chapter, the term ʺexempt propertiesʺ 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 four and one‐half feet
above ground, as further defined in Chapter 16. The DBH of a tree with more than one trunk
shall be calculated as the sum of the DBH of the largest trunk and one half the sum of the
remaining trunks. Trees classified as Ornamental Trees by the Preferred, Controlled, and
Prohibited Plant List adopted through the Development Manual with more than one trunk
shall be calculated as the sum of the DBH of the largest trunk of the tree and one half the
DBH of the largest trunk of the tree multiplied by the number of remaining trunks.
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 treeʹs survival and is
calculated as one foot of radial distance for every one inch of DBH.
E. The definitions in Chapter 16 of this Code shall apply to these and other terms within this
chapter.
Sec. 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 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.
Sec. 8.01.060. ‐ Additional Resources.
The City 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.
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Sec. 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.
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 provisions of this section apply only to non‐residential development as
defined in Section 8.01.040 above.
Sec. 8.02.020. – Tree Classifications Established.
A. Protected Tree.
A Protected Tree is any tree, excluding Hackberry, Chinaberry, Ashe Juniper (cedar),
Mountain Cedar, Blueberry Juniper, Post Cedar, Chinese Tallow, and Mesquite, that has a
diameter at 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.
Sec. 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.
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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 calendar day of an
applicantʹs 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.
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 Cityʹs 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 (ISA) Certified Arborist. Removal of a Protected
or Heritage Tree removal requested by any utility providers in the Cityʹs right‐of‐way
or public utility easement must be submitted to the Urban Forester for review and
approval or through a right‐of‐way permit in accordance with Chapter 12.08 of the City
Code of Ordinances.
C. Protection of Critical Root Zone.
1. No construction or disturbance shall occur within an area that constitutes more than 50
percent (50%) of the total CRZ and one‐half 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 one‐half the radial distance,
depending on the size, spacing, or species of the tree, the type of disturbance proposed,
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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 four 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 Cityʹs 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.
5. It shall be unlawful to prune a Heritage Tree without an approved Heritage Tree pruning
permit per Section 3.23 of this Code. 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.
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 also be credited towards the landscape requirements of
Sections 8.03 and 8.04.
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E. Protected Tree Preservation Requirements.
1. The requirements of this chapter as they relate to Protected Trees shall be applicable to
all non‐residential development within the Cityʹs jurisdiction. Single‐ and two‐family
development is exempt from the Protected Tree requirements.
2. Required Protected Tree Preservation Percentages.
a. The minimum number of Protected 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 Subsection 8.02.040.C.
Table 8.02.030: Required Protected Tree Preservation
Average Tree Density Minimum Percentage of Protected Trees
Required to be Preserved
1—10 trees per acre 30%
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 preserve less than the minimum percentages of Protected Trees outlined
in Table 8.02.030 provided that the inches of trees removed beyond the minimum
required to be preserved be mitigated at a rate of 1.5 times the calculations required
in Section 8.04.020.
3. Preserved Protected Trees may also be credited towards the landscape requirements of
Sections 8.03 and 8.04.
F. Tree Preservation and Mitigation Boundaries.
1. All Protected and Heritage Trees on a property shall be considered existing trees for the
purpose of determining the number of Protected Trees required to be preserved in
Section 8.02.030.E. 1. No trees shall be considered existing trees or credit trees if located
in an area of required right‐of‐way dedication per Sections 12.02 and 12.03 of this Code
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where no public improvements are required to be constructed as a part of the scope of
work.
2. Removal of Protected and Heritage Trees within an area of required right‐of‐way
dedication shall be mitigated in accordance with this Code.
Sec. 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 location either on the same
property or off‐site, as approved by the Urban Forester. To qualify, a tree transplanting
company from the Cityʹs 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 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. In consultation with the Urban Forester,
all options to consider the on‐site replacement of trees shall be exhausted before other
methods of mitigation shall be considered. Each method of mitigation is described within
this section.
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1. Mitigation Ratios.
a. Mitigation shall be provided at a 1:1 inch basis for 40 percent (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 Subsection 8.02.020.B.
d. Exceptions.
i. No mitigation shall be required for the following tree species: Hackberry,
Chinaberry, Ashe Juniper (cedar), Mountain Cedar, Blueberry Juniper, Post
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 six 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), Mountain Cedar, Blueberry Juniper, Post Cedar, Chinese Tallow, and
Mesquite Trees shall not be considered credit trees.
i. Trees classified as Ornamental Trees by the Preferred, Controlled, and
Prohibited Plant List adopted through the Development Manual may be
considered on‐site credit trees and used as credit toward mitigation
requirements. The amount of inches that may be credited for each ornamental
tree shall be equal to the sum of the DBH of the largest trunk of the tree and
one half the DBH of the largest trunk of the tree multiplied by the number of
remaining trunks.
ii. Trees located within the FEMA one percent (1%) floodplain or the calculated
1% floodplain may not be considered on‐site credit trees for the purposes of
mitigation. Credit Trees located outside of the FEMA one percent (1%)
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floodplain or the calculated one percent (1%) floodplain may be credited at a
ratio of 2:1 per DBH inch preserved.
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 Subsection C.1. above.
c. Credit trees may apply towards a maximum of 75 percent (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.
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 Subsection C.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‐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 $225.00 per DBH inches of Heritage Tree removed, $175.00 per
DBH inches of Protected Tree with a DBH of 18 inches or greater removed, or
$150.00$125.00 per DBH inches of Protected Tree with a DBH equal to or greater
than 12 inches but less than 18 inches removed, into a fund or account to be used by
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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.
c. At the discretion of the Urban Forester, a reimbursement of mitigation payment may
be issued due to deviations from the approved Tree Mitigation Plan during
construction of a project. At the discretion of the Urban Forester, and in special
circumstances, a reimbursement of mitigation fees paid may be requested for the
preservation of any tree identified on the Tree Preservation Plan as ʺremovedʺ at
time of final inspection.
5. Mitigation by Soil Aeration and Supplemental Nutrients.
An applicant may spend up to 30 percent (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 Cityʹs approved vendor list or one otherwise approved in writing by
the Urban Forester, and ensure coordination with the Cityʹs 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‐
compacted.
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.
Sec. 8.02.050. – Tree Preservation Incentives and Priorities.
A. Tree Preservation Incentives.
1. Impervious Cover Increase.
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The Director may increase the amount of permitted impervious cover up to five percent
(5%) for the preservation of Protected Trees beyond the amount required by Subsection
8.02.030.E. A one‐percent (1%) increase in impervious cover may be granted for each one
percent (1%) of Protected Trees preserved beyond the minimum required per Table
8.02.030. For example, a site required to preserve a minimum of 30 percent (30%) of total
Protected Trees may receive a three‐percent (3%) impervious cover bonus by preserving
33 percent (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 may be reduced if a Heritage Tree is saved within
the dedicated Parkland lot in accordance with Section 13.08 of this Code, subject to
approval by the Parks and Recreation Director.
3. Parking Space Reduction.
The Director may approve a reduction in the number of parking spaces required by ten
percent (10%) for the preservation of a Protected Tree with a DBH of 20 inches or greater.
A maximum of a 30 percent (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 for applications
under their approval authority through an application for an Administrative Exception
under the provisions of UDC Section 3.16. 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 authorityʹs action.
2. Protected Trees.
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The preservation of Protected Trees with a DBH of 18 inches or greater or a stand of
Protected Trees with a cumulative DBH of 18 inches or greater 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 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 Protected 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 Protected Tree
protection may be approved by the Director through an application for an
Administrative Exception under the provisions of UDC Section 3.16.
SECTION 8.03. ‐ RESIDENTIAL LANDSCAPING
Sec. 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.
Sec. 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 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 Subsection 8.04.020.B. If existing trees are to remain, the tree
protection measures of Subsection 8.02.030.C shall be followed.
Sec. 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 Subsection 8.06.020.C. Synthetic or artificial turf is not
allowed.
Sec. 8.03.040. ‐ Residential Parking Areas.
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Pursuant to Subsection 6.05.020.C.8., some parking areas located in the required residential front
yard may require screening from the street view.
SECTION 8.04. ‐ NON‐RESIDENTIAL LANDSCAPE REQUIREMENTS
Sec. 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 review and appeal process and Section 8.06 for plant selection, installation, and maintenance
requirements.
Sec. 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 six inches and are listed in the City 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.
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 Subsection 8.02.040.C
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.
Sec. 8.04.030. – Street Yard Landscaping.
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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 10,000 square feet shall provide:
1. Landscape area totaling 20 percent (20%) of the street yard; and
2. One (1) shade tree and three (3) shrubs per 5,000 2,500 square feet of street yard.
B. Street yards between 50,00010,000 and 500,000100,000 square feet shall provide:
1. Landscape area totaling 20 percent (20%) of the street yard; and
2. Ten Four (4) shade trees and 30 twelve (12) shrubs per the first 50,000 10,000 square
feet of street yard, plus one and half (1.5) shade trees and three four (4) shrubs per
every additional 10,000 square feet of street yard thereafter.
C. Street yards larger than 500,000 100,000 square feet shall provide:
1. Landscape area totaling 20 percent (20%) of the street yard; and
2. Fifty‐fiveEighteen (18) shade trees and 175forty‐eight (48) shrubs per the first
500,000 100,000 square feet of street yard, plus one two (2) shade trees and three five
(5) shrubs per every additional 25,000 20,000 square feet of street yard thereafter.
D. Plantings within a required street yard may be planted in zones to distribute the
plantings throughout the street yard and focus the largest percentage of plantings along
the right(s)‐of‐way.
1. When this option is used, required street yard plantings shall be distributed as
follows:
a. Low Level Zone. Ten percent (10%) of the required plantings shall be planted
within twenty‐eight (28) feet of the building façade.
b. Mid Level Zone. Thirty percent (30%) of the required plantings shall be planted
within the Low Level and High Level zones.
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c. High Level Zone. Sixty percent (60%) of the required plantings shall be planted
between the right‐of‐way and Mid Level zone.
2. The distribution of plantings within a required street yard shall be required for all
phased development. All plantings required at ultimate buildout in the High Level
Zone shall be installed as a part of phase 1.
Sec. 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 section 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 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 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.
B. Shade Trees.
1. A minimum of one shade tree is required per every 12 parking stalls provided.
2. Each parking stall in excess of the required shall be calculated as one and one‐half
stalls for purposes of required shade trees.
3. In order to maximize the distribution of shade, shade trees shall 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 Director.
4. Planting areas for each tree shall have a minimum undisturbed pervious area of at
least 100 square feet and have a minimum interior dimension of eight feet wide,
exclusive of the curb dimensions, and shall be planted or covered with grass, mulch,
ground cover, or other approved landscape materials. These areas shall be non‐
compacted or excavated and filled with quality soil in accordance with the Technical
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Standards. These areas shall also be free of other structures such as lighting or utility
poles.
C. Exemptions.
Enclosed parking structures and vehicle display and sales areas, as defined in this Code,
are exempt from the parking lot landscaping requirements.
Sec. 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 4.094.11. The following standards are required for all non‐
residential properties located along the corridors listed in Section 4.1311.020, 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 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.
1. The landscape area shall contain at least 80 percent (80%) live vegetative coverage
excluding the area required for driveways, sidewalks, bicycle paths, and drainage
features, as allowed with limitations in Section 4.13.0304.11.030. Fencing is not
allowed within the landscape area.
2. Within the landscape area, plantings are required at a minimum ratio of two shade
trees and five five‐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 Gateway Overlay District.
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1. Landscape Buffer.
A ten‐foot deep landscape buffer is required adjacent to the designated gateway
roadway and will be measured from the property line.
2. Landscape Area.
a. The landscape area shall be landscaped and maintained with at least 80 percent
(80%) live vegetative coverage excluding the area required for driveways,
sidewalks, bicycle paths, as allowed with limitations in Section 4.13.0204.11.030.
Fencing is not allowed within the landscape area.
b. Within the landscape area, plantings are required at a minimum ratio of two
shade trees and two five‐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 Subsection 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.
Sec. 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.
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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 8.04.060 indicates the level of bufferyard required between each zoning district or
land use. Letters ʺaʺ to ʺeʺ correspond with the information below Table 8.04.060 and
identify the type of bufferyard required and the specific situations in which the
bufferyard is required. A box with a ʺ—ʺ indicates that a bufferyard is not required
between those development types. The planting requirements of each type of bufferyard
can be found in Subsection C. below.
Table 8.04.060: Bufferyard Level Required
Adjacent District
ETJ*
AG RE RL RS TF MH TH MF1 MF2 CN C‐
1
C‐
3 OF PF BP IN MU‐
DT
Bufferyard
Required
AG c c c c c c c c c — — — — — — — — c
MH a a a a a — — — — — — — — — — — — a
TH a a a a a b — — — — — — — — — — — a
MF1 a c c c c c — — — — — — — — — — — c
MF2 a c c c c c — — — — — — — — — — — c
CN a a a a a a a a a — — — — — — — — a
C1 c c c c c c c c c — — — — — — — — a
C3 c c c c c c c c c — — — — — — — — a
OF c c c c c c c c c — — — — — — — — a
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PF c c c c c c c c c — — — — — — — — a
BP c c c c c c c c c — — — — — — — — a
IN e e e e e e e e e d d d d d — — d e
MU‐
DT a a a a a a — — — — — — — — — — — a
* Shall only apply in the case of one or more single‐family homes that are platted or planned for
residential use on the Future Land Use Map in the ETJ.
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, MF‐1, or MF‐2 District or when adjacent to an existing single‐family home in the AG
District or ETJ.
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.
C. Specific Bufferyard Requirements.
1. A low level bufferyard shall consist of the following:
a. A ten‐foot wide planting area;
b. Two evergreen ornamental trees and four evergreen shrubs per each 50 linear feet
of bufferyard.
2. A medium level bufferyard shall consist of the following:
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a. A 15‐foot wide planting area;
b. One shade tree, two evergreen ornamental trees and eight 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 six‐foot high screening wall constructed of brick, stone, reinforced concrete
or other similar two‐sided masonry materials; and
c. Two shade trees and four evergreen ornamental trees per each 50 linear feet of
bufferyard.
Sec. 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.
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b. Live screening shall be a minimum of two feet tall at time of planting, with
predominately a mature height of three to four feet within two years, as determined
by a landscape architect or other licensed professional.
c. Live screening shall be planted in a prepared bed at least three feet in width.
d. Plantings, fences, or walls shall be set back a minimum of three feet from the curb
or wheel stop to allow for the overhang of the vehicle.
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.
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2. All enclosures are to be at least one foot above the height of the waste and/or recycling
container.
3. Waste and/or recycling container screening shall be maintained by the owner at all times.
4. Waste and/or recycling containers shall be located at least 15 feet from shade trees.
5. Dumpsters, compactors, and other similar waste and/or recycling containers.
a. Dumpsters, compactors, and other similar waste and/or recycling containers 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, compactors, and other similar waste and/or recycling containers shall
be placed on reinforced concrete pads that are a minimum of six inches in thickness
and sloped to drain.
c. Screening shall be provided on four sides and be comprised of:
i. Brick, stone, reinforced concrete or other similar masonry materials that have a
similar finish to the primary finish;
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.
e. Dumpster, compactors, and other similar waste and/or recycling containers
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‐inch diameter concrete filled steel pipes shall be located in corners and possible
impact areas to protect the enclosure from truck operations.
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6. Location of waste and/or recycling container enclosures shall also comply with the
standards of the waste collection service provider. When the standards of this section
and the service provider conflict, the standards of this section shall apply.
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 sides of the area by a wall or other screening
mechanism, not less than eight 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
Sec. 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 and/or Tree Inventory.
a. A Tree Survey shall graphically identify the location, size, and species of all Heritage
Trees and other existing trees to be credited toward mitigation requirements.
b. A tree schedule 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 ten years with recertification of any trees
shown on the survey to have a DBH of 24 inches or larger after five years. A new
Tree Survey shall be required for separate phases of long term projects that extend
longer than ten years.
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d. In order to promote the preservation of quality trees, reduce the mitigation owed
for contribute value to the built environment, and to identify opportunities to
increase the value and accessibility of impressive trees, a Tree Inventory shall be
required when:
i. A Tree Preservation Plan proposes to satisfy, in any part, the mitigation
requirements of UDC Section 8.02.040 with the preservation of On‐Site Credit
Trees,
ii. A residential subdivision is to be planned and developed in three (3) or more
phases, or
iii. Alternative tree preservation and mitigation standards are being requested
through a Planned Unit Development (PUD), a Development Agreement, a
Request for the Creation of a Municipal Utility District (MUD), or a
Subdivision Variance.
e. A Tree Inventory shall be prepared by an arborist licensed by the International
Society of Arboriculture (ISA) and contain the following information.
i. The same information provided in a Tree Survey and a Tree Schedule;
ii. A determination on the health of each tree ‐ i.e. Dead, Poor, Good, Excellent;
iii. Description of any diseases present on trees of “Dead” or “Poor” health;
iv. Proposed measures to be taken to prevent spread of disease through the
project site;
v. Existing canopy cover (as a percentage of the project area); and
vi. A description of a tree’s aesthetic value.
f. Tree Inventories shall be valid for a period of ten years with recertification of any
trees shown on the survey to have a DBH of ten to 11 inches or DBH of 24 inches or
larger after five years. A new Tree Inventory shall be required for separate phases
of long term projects that extend longer than ten 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
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be located. City 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 Section 8.01.020. 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, and timing of
installation.
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 ownerʹs
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 Subsection 8.02.030.C. and the Technical Standards.
Sec. 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 and/or Tree Inventory.
a. The Tree Survey shall graphically identify the location (including if the tree is
located in the floodplain or an area of right‐of‐way dedication), size and species of
all Protected and Heritage trees with a DBH of 12 inches or greater.
b. Tree Surveys shall be valid for a period of ten years with recertification of any trees
shown on the survey to have a DBH of ten to 11 inches or DBH of 24 inches or larger
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after five years. A new Tree Survey shall be required for separate phases of long
term projects that extend longer than ten years.
c. In order to promote the preservation of quality trees, reduce the mitigation owed
for contribute value to the built environment, and to identify opportunities to
increase the value and accessibility of impressive trees, a Tree Inventory shall be
required when:
i. A Tree Preservation Plan proposes to satisfy, in any part, the mitigation
requirements of UDC Section 8.02.040 with the preservation of On‐Site Credit
Trees;
ii. A Site Development Plan is to be developed in three or more phases; or
iii. Alternative tree preservation and mitigation standards are being requested
through a Planned Unit Development (PUD), a Development Agreement, a
Request for the Creation of a Municipal Utility District (MUD), or a Subdivision
Variance.
d. A Tree Inventory shall be prepared by an arborist licensed by the International
Society of Arboriculture (ISA) and contain the following information.
i. The same information provided in a Tree Survey and a Tree Schedule;
ii. A determination on the health of each tree (i.e. Dead, Poor, Good, Excellent;
iii. Description of any diseases present on trees of “Dead” or “Poor” health;
iv. Proposed measures to be taken to prevent spread of disease through the project
site;
v. Existing canopy cover (as a percentage of the project area); and
vi. A description of a tree’s aesthetic value
e. Tree Inventories shall be valid for a period of ten years with recertification of any
trees shown on the survey to have a DBH of ten to 11 inches or DBH of 24 inches or
larger after five years. A new Tree Inventory shall be required for separate phases
of long term projects that extend longer than ten years.
2. Tree Schedule, If Applicable.
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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.
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 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, and timing of
installation. If Heritage Tree mitigation is required, a separate line item from the
Protected Tree mitigation shall be required.
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.
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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. Preparerʹs 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.
Sec. 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 ownerʹs 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 ʺas‐builtʺ Landscape Plan indicating actual planting
shall be submitted to the Planning Department for review and inspection.
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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.
Sec. 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.
Sec. 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 alternatives including but not limited to site design,
spacing, locations, numbers, and species. The use of above ground architectural planters may
contribute toward up to ten percent (10%) of the fulfillment of landscape requirements, as
approved by the Director.
SECTION 8.06. ‐ PLANT SELECTION, INSTALLATION, AND MAINTENANCE
Sec. 8.06.010. – General.
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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.
D. 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 percent (50%) plant material.
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.
Sec. 8.06.020. ‐ Plant Materials and Size Requirements.
A. Species.
1. All required plant materials shall be selected from the City 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 five trees or ten shrubs are to be planted to meet the requirements of
this chapter, a mix of species shall be provided wherein no more than 25twenty‐five
percent (25%) of plantings may be from the same species.
3. Of the required plant materials, at least 50 percent (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.
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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
three caliper inches measured at six inches above finished grade or have a three‐
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
three caliper inches measured at six inches above finished grade or have a three‐inch
DBH.
3. Shrubs.
Shrubs planted to meet the requirements of this chapter shall be at least one‐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 one‐gallon
container‐grown nursery stock.
b. Groundcover planted to meet the requirements of this chapter shall be at least four‐
inch container‐grown nursery stock.
c. Ornamental grasses planted to meet the requirements of this chapter shall be at least
one‐gallon container‐grown nursery stock.
C. Lawn or Turf Grasses.
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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 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.
a. For all other areas where sod is not required, the use of sod shall be limited to the
remaining balance of the percentage of plant materials not classified as low water
users (for example, if fifty percent (50%) of plant materials used are classified as
low water users, sodded areas shall be limited to fifty percent (50%) of all landscape
area).
b. The restriction to the use of sod does not apply to areas designated as dog parks,
open recreation/common amenity areas or parks, or where sod is required by this
Code.
3. Synthetic or artificial lawns or plants are notmay be allowed provided the following
standards are met.:
a. Synthetic or artificial lawns may be used in playscapes, sports fields, and other
similar recreational fields, and areas that are screened from streets and adjacent
properties. On residential properties, synthetic or artificial lawns shall be limited to
the rear yard only.
b. Synthetic or artificial lawns shall be certified by a Professional Engineer that it will
allow rainwater to infiltrate at the same rate as natural turf.
c. Synthetic or artificial lawns shall be prohibited within required bufferyards and
gateway overlay district landscape areas.
d. Synthetic or artificial lawns shall be made of polyethylene or polypropylene.
Residential properties may use a nylon material. Other similar materials may be
considered by the Urban Forester, or designee.
e. Synthetic or artificial lawns shall utilize heat blocking or other dissipating features
to limit heat gain.
f. Synthetic or artificial lawns shall be a two‐tone color or better.
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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.
Sec. 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 Cityʹs 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 four feet
from the trunk in all directions.
3. All new ornamental trees shall be planted so they have a minimum pervious area of
three 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 and Signage 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, or near existing
and proposed signage. Plans proposing species that do not address this provision
will not be approved.
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b. Overhead power lines require the planting of low growing trees, maturing to a
height and spread not encroaching within five feet of the lines.
c. When there is a conflict between the location of required trees and overhead or
underground utility lines, or signage, the Director may approve alternative tree
locations, spacing, species, and/or numbersone or more of the following options
may be used to satisfy the minimum number of trees required.:
i. Required trees may be planted so that no more than twenty‐five percent (25%)
of the mature tree canopy size encroaches onto a utility easement, sign, or other
point of conflict; or
ii. When applicable, the required gateway landscape area may be extended a
minimum of ten (10) feet beyond any conflicting utility easement; or
iii. Additional ornamental trees and shrubs may be used to meet required shade
trees at a ratio defined below:
Two (2) ornamental trees shall be planted for every shade tree, or
One (1) ornamental tree and twenty (20) shrubs shall be planted for every
shade tree.
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 ownerʹs 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 three feet to one foot and shall be stabilized with vegetation, including turf grass or
groundcover, to prevent washout. Planting beds are allowed on landscape berms.
Sec. 8.06.040. ‐ Maintenance Requirements.
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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 and landscape areas. 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‐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 six 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 percent (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:
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.
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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.
F. Synthetic or artificial lawn.
Synthetic or artificial lawn shall be maintained so as to maintain its pervious surface
condition.
Sec. 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 bubbler installed per newly installed tree.
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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.
Sec. 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 Subsection
8.02.040.C. Mitigation trees must be planted along the same side of the building or same area of
the parking lot, and in the instance that the removed tree was planted to satisfy a landscape
requirement under Section 8.04, the replacement tree must be planted in the same landscape area
(i.e. gateway landscape area, street yard, etc.) and reach a similar size as the removed tree(s),
unless an alternative location or species is approved by the Urban Forester. Other conditions of
approval may be required by the Urban Forester and/or the Director.
***
***
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Chapter 11 - ENVIRONMENTAL PROTECTION
***
SECTION 11.02. - IMPERVIOUS COVER
These impervious cover limitations are adopted to minimize negative flooding effects from
stormwater runoff and to control, minimize, and abate water pollution resulting from urban
runoff of rainwater or other non-point specific sources, pursuant to Texas Water Code § 26.177.
***
Sec. 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.
***
7. Plant materials classified as low water users (Three Percent (3%)).
The Director may consider an increase in the amount of permitted impervious cover
by up to three percent (3%) for the use of plant materials classified as low water
users. A one percent (1%) increase in impervious cover may be granted for every
additional ten percent (10%) of the total plants used classified as low water users.
***
***
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Chapter 16 – DEFINITIONS
***
SECTION 16.02. - DEFINITIONS
The following definitions describe terms found in this Code.
***
Bond. A sealed instrument under which a person or entity is obligated to pay an agreed-upon
amount of money on or before a specified expiration date or action. Binding security; firm
assurance.
Branch (tree). A part of a tree that extends from the trunk and forms a part of the canopy.
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.
***
Rooming House. A residential building other than a hotel or apartment where lodging and
possibly meals are provided by pre-arrangement for definite periods for compensation. No
cooking facilities are provided in individual living units.
Root (tree). The part of a tree or plant typically underground which absorbs nutrients and
moisture, stores food, and as an anchor and supports the tree or plant.
Rural Residential Subdivision. A subdivision that is zoned either AG (Agriculture) or RE
(Residential Estate) if within the City Limits or a subdivision in the extraterritorial jurisdiction
(ETJ) that is platted for single-family residential development.
***
Tree. Any self-supporting woody perennial plant species usually having a single trunk diameter
of no less than two inches at maturity, measured one foot above grade, and which normally grows
in Central Texas to an overall minimum height of 12 feet.
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 six and 11 inches that may be used
toward the required mitigation or landscape trees.
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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 Protected or Heritage Tree; chemical poisoning;
utilizing the area within the tree protection fence for storage of equipment or vehicular traffic and
other activities; removing bark greater than three inches; breaking or splitting of 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 percent (80%) or greater as determined
by the Urban Forester.
Tree, Diseased. A tree with a condition that impairs the performance of one or more vital
functions; usually associated with infectious conditions.
Tree, Heritage. Any of the following trees that has a 26-inch diameter when measured at four
and one-half feet above grade: 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.
2. The term "Heritage Trees" does not include Hackberry, Chinaberry, Ashe Juniper
(Cedar), Mountain Cedar, Blueberry Juniper, Post Cedar, Chinese Tallow, or Mesquite.
Tree Mitigation. The process to address the removal of Protected or Heritage Trees either
through crediting existing trees, planting new replacement trees or paying fees-in-lieu.
Tree, Multi-Trunk. A tree with more than one trunk. These trees are to measured according to
the method established in this Code.
Tree, Ornamental. Smaller tree species, reaching a height of approximately ten to 25 feet at
maturity. Such trees provide screening and accent elements.
Tree Preservation Plan. A plan that graphically represents the Tree Schedule and identifies
Protected Trees and Heritage Trees, indicating those being preserved and those being proposed
for removal. The Tree Preservation Plan may be shown on the Tree Survey.
Tree, Protected. 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 Juniper (Cedar), Chinese Tallow, and Mesquite.
Tree Removal. As it applies to protected trees 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 as, 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
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around the trunk; excessive pruning; or paving with concrete or asphalt within the CRZ or
impervious materials in a manner which may reasonably be expected to kill the tree.
Tree Schedule. A list indicating the status of all trees on site; Protected Trees preserved, Protected
Trees removal, dead, Heritage Trees preserved, proposed Heritage Tree removal, not a protected
species, or Credit Tree, along with species name and tree diameter in one table. Typically, a Tree
Schedule is included on the Tree Survey.
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.
Tree Stand. A contiguous grouping or cluster of trees which can exhibit characteristics similar to
one another including, but not limited to, size, species, health, and age.
Tree, Street. An approved Shade Tree planted within the right-of-way in accordance with this
Code.
Tree Survey. A drawing showing 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.
***
Truck Terminal. A facility where commercial trucks, including tractors and trailer units, are
housed, stored, maintained or repaired. Accessory uses may include offices, fueling or washing
and the temporary storage of loads prior to shipment.
Trunk (tree). The primary structural support of a tree, or the primary stem of a tree, as district
from the branches and roots.
Two-Family. The use of a single lot or parcel for two dwelling units contained within a single
building. See also "Duplex."
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Vehicle. See "Automobile".
Vehicle Display and Sales Area. The area specifically reserved for the display and storage of
vehicles actively for sale. This area shall not include areas reserved for required parking spaces,
parking of vehicles in service, or areas reserved for the storage of vehicles not actively for sale.
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Vehicle Storage. Long-term storage (over 72 hours) of operable or inoperable vehicles. Typically
includes storage of tow-aways or impound yards, but this term excludes dismantling or salvage.
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Chapter 3 ‐ APPLICATIONS AND PERMITS
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SECTION 3.16. ‐ ADMINISTRATIVE EXCEPTION
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Sec. 3.16.020. ‐ Authority.
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C. The Director or Building Official shall have authority to consider alternative design plan(s)
or other uses or requirements for the following situations:
1. Courthouse view overlay height exception (per Section 4.12.040).
2. Alternative residential boundary wall (per Section 8.07.060).
3. Alternative building design plan (per Section 7.04.070).
4. Alternative landscape standards (per Section 8.05.050).
5. Alternative parking plan (per Section 9.02.050).
6. Alternative sign plan (per Section 10.01.090).
7. Alternative fences (per Section 8.07.080).
8. Change of use (per Section 14.02.030).
9. Expansion of nonconforming uses (per Section 14.02.050).
10. Postponement of required improvements (per Section 14.05.070).
11. Heritage Tree or Protected Tree Preservation Priority (per Section 8.02.050)
Sec. 3.16.030. ‐ Approval Criteria.
To approve an application for an Administrative Exception, the Director or Building Official must
determine that the following criteria are met:
A. That granting the Administrative Exception serves an obvious and needed purpose.
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B. That granting the Administrative Exception will ensure an equal or better level of design or
land use compatibility as the otherwise applicable standards.
C. That granting the Administrative Exception will not materially and adversely affect adjacent
land uses and the physical character of uses in the immediate vicinity of the proposed
development.
D. That granting the Administrative Exception will be consistent with the purposes and intent
of this Unified Development Code.
Sec. 3.16.040. ‐ Expiration of Administrative Exception.
The Administrative Exception shall expire if the companion application expires, according to the
specified expiration in this chapter. If the Administrative Exception is a stand alone application
the approval will expire in 24 months, if the exception is not utilized in a manner consistent with
the approval.
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SECTION 3.23. ‐ HERITAGE TREE REMOVAL PERMIT
Sec. 3.23.010. ‐ Purpose.
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. Protected and Heritage trees shall not be removed without first securing approval from
the City.
Sec. 3.23.020. ‐ Applicability.
A. The provisions of this section shall apply to all property located within the corporate limits
and in the extra territorial jurisdiction (ETJ) of the City.
B. The provisions of this section apply to all development subject to this Code, except as noted
below, whether or not there is an active permit for the project.
Single‐family or two‐family residential lots approved and platted prior to February 13, 2007,
are exempt from the requirement of a heritage tree removal permit. However, single‐family
and two‐family lots platted after February 13, 2007 are subject to the heritage tree protection
provisions in Section 8.02, which shall apply to the developer, and home builder and
homeowner. Not withstanding the preceding exemption, if a future change of use from a
single‐family or two‐family home to any other use triggers a permit under this Code then the
provisions of the Heritage Removal Permit will be required.
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Sec. 3.23.030. – Pre‐Application ConferenceReserved.
Pursuant to Section 3.02.010, 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.
Sec. 3.23.040. – Review Process.
Review of a Heritage Tree Removal Permit shall follow the administrative review procedures set
forth in Section 3.03.040, subject to the criteria for approval set forth below.
Sec. 3.23.050. – Criteria for Approval.
No Heritage Tree Removal Permit shall be approved unless it is determined by the Urban Forester
or their designee, that the proposed removal is justified, based on the tree species and site
conditions of the tree. In making this determination the following will be evaluated:
A. Tree species;
B. Tree size/number of trunks;
C. Tree health and viability;
D. Tree location;
E. Protected and heritage trees to remain on site; and
F. Whether the project can be developed without tree removal.
Sec. 3.23.060. – Submission Requirements.
A. Statement of justification for tree removal.
B. Copy of companion plat, Site Development Plan or concept plan for the permit or
authorization that required compliance with this section.
C. Copy of tree survey, if applicable. If no tree survey exists, location of tree identified, tree
type, size, condition, etc.
D. A photo of the treeʹs canopy and trunk, labeled with the corresponding tree number on the
companion tree survey, shall be submitted with the application for a heritage tree removal
permit.
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Sec. 3.23.070. – Responsibility for Final Action.
A. The Urban Forester is responsible for final action on Heritage Tree Removal Permits.
B. Upon receipt of the application, the Urban Forester shall inspect the subject tree and approve
or deny the application in accordance with the provisions of this section within ten working
days of the date of the application. Upon written request from the owner or the owner(s)ʹs
representative, said date for the Urban Foresterʹs final decision may be extended for a period
of up to 15 additional days. If a decision by the Urban Forester would delay construction that
is already properly permitted, commenced and in‐progress, the Urban Forester or their
designee shall approve or deny the application within two working days.
C. An applicant may appeal a denial of a Heritage Tree Removal Permit to the City Council.
Such appeal must be made in writing and received by the Director within 30 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 earliest possible regularly scheduled meeting
of the City Council. The City Council shall review the request and render a decision
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 all applicable provisions of this
Code, including mitigation.
D. If the Urban Forester approves an application for a permit to remove a Protected or heritage
Heritage tree, then the applicant shall, no later than 30 days from the date of approval of the
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 irrigation plan for the
proposed mitigation trees.
E. If the required mitigation plan is not submitted within 30 days of the application approval,
and the heritage subject tree has not been totally removed, the tree removal permit will be
declared inactive and tree removal shall not commence. If the tree removal has taken place
within that 30‐day period and the mitigation tree planting plan has not been submitted, then
no additional permits shall be issued for the project associated with the tree removal until
the planting plan is submitted.
Sec. 3.23.080. – Expiration.
A Heritage Tree Removal Permit shall remain valid for the longer of:
A. The period of validity of the permit or authorization that required compliance with this
section; or
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B. One hundred eighty days from the issuance of the tree removal permit.
SECTION 3.24. ‐ HERITAGE TREE PRUNING PERMIT
Sec. 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 pruning shall be performed. Heritage trees shall not be pruned without first
securing approval from the City.
Sec. 3.24.020. – Applicability.
A. The provisions of this section shall apply to all property located within the corporate limits
and in the extra territorial jurisdiction (ETJ) of the City.
B. A Heritage Tree Pruning Permit shall be required for any pruning of a heritage tree located
on all properties, including single‐family and two‐family lots platted after February 13, 2007;
however, a tree pruning permit shall only be required during the original home construction.
Not withstanding the preceding exemption, if a future change of use from a single‐family or
two‐family home to any other use triggers a permit under this Code then the provisions of
the Heritage Pruning Permit will be required.
Sec. 3.24.030. – Review Process.
Review of a Heritage Tree Pruning Permit shall follow the administrative review procedures set
forth in Section 3.03.040, subject to the criteria for approval set forth below.
Sec. 3.24.040. ‐ Criteria for Approval.
No Heritage Tree Pruning Permit will be approved unless it is determined by the Urban Forester
or their designee, that the proposed pruning is justified based on the health or viability of the tree
and that the proposed pruning will not negatively impact the health and appearance of the tree.
In making this determination the following will be evaluated:
A. Reason for pruning request;
B. Tree location;
C. Percent of canopy to be removed;
D. Tree health; and
E. Whether an ISA Certified Arborist is going to perform the pruning.
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Sec. 3.24.050. – Submission Requirements.
A. Statement of justification for tree pruning.
B. Copy of companion plat, Site Development Plan or concept plan for the permit or
authorization that required compliance with this section.
C. A photo (digital or hardcopy) of the tree, labeled with the tree number on the tree survey,
DBH, species, and contractorʹs ISA certification number, shall be submitted with the
application for a Heritage Tree Pruning Permit.
Sec. 3.24.060. – Responsibility for Final Action.
A. The Urban Forester is responsible for final action on Heritage Tree Pruning Permits.
B. Upon receipt of the application, the Urban Forester shall inspect the subject tree and approve
or deny the application in accordance with the provisions of this section within ten working
days of the date of the application.
C. An applicant may appeal the denial of a Heritage Tree Pruning Permit to the Director. Such
appeal must be made in writing and received by the Director within 30 days of the date of
the decision on the application by the Urban Forester. The request for appeal shall set forth
the specific reasons for the appeal and state the specific reasons for disagreement with the
decision of the Urban Forester, including the basis for the applicantʹs position that the
application should have been granted. The Director shall review the request and render a
decision affirming, affirming in part, conditionally affirming or reversing the determination
of the Urban Forester.
Sec. 3.24.070. – Expiration.
The Heritage Tree Pruning Permit shall remain valid for 180 days from date of issuance.
***
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Chapter 4 - ZONING DISTRICTS
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SECTION 4.11. - GATEWAY OVERLAY DISTRICT
This section establishes that certain roadways within the City limits shall be considered gateways
into Georgetown and properties fronting such roadways shall be subject to special landscaping
and design standards.
This map is available for viewing at the office of the Planning and Development Department office or as a
downloadable map at http://maps.georgetown.org. The map is simply a graphical depiction of each corridor;
it does not infer boundaries or a hierarchy of roadways for determining the gateway classification.
Purpose and Intent.
The purpose of the Gateway Overlay districts (Gateways) is to protect and enhance the entrance
corridors to the City and Downtown with landscaping, setbacks, and special design standards.
The intent of the Gateways areis to establish entrance corridors that herald the approach to the
City, define the arrival to a destination, and link common elements together.
Sec. 4.11.010. - Applicability.
All properties within The Gateway Overlay districts shall be designated on both side of the
specific corridors listed in Section 4.11.0304.11.020, and shall extend up to a have a maximum
width of 100 feet measured from the edge of the right-of-way. Properties within the Gateway
Overlay districts shall follow the design standards in Section 4.11.040 4.11.030 and landscaping
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provisions set forth in Section 8.04.050 at the time of development. Gateway planting
requirements may be credited toward the landscape requirements per in accordance with
Chapter 8. Where the requirements of this section and the underlying zoning district conflict, the
standards of this section shall apply. However, iIf another zoning overlay district exists on the
property, the Gateway more stringent standards shall not apply.
Sec. 4.11.020. - Gateway Corridors.
The following corridors include roadways that are considered gateways into the community.
Each Gateway category represents different roadways in town and may contain differing
landscape buffer sizes and landscaping/design requirements. The relevant Gateway landscape
buffer shall be shown on a plat and/or Site Development Plan as a landscape easement. The
landscape buffer shall be considered to begin at the right-of-way line of each applicable roadway,
regardless of the distance from the actual road. When Gateway corridors intersect or abut each
other, the centerline of the roadway shall be used to determine the division of the corridor.
A. Highway Gateways—25-Foot Landscape Buffer.
The purpose of the Highway Gateway is to positively reflect the image of the City by enhancing
development with well designed Site Plans and landscaping while maintaining a safe and
effective interstate highway. Site design proposals along the highway gateways shall break up
large masses of parking and pavement with well planned open space components. Additionally,
careful analysis is required of view corridors from the highway. Strategically placed tree
groupings should be located to frame desired views while screening parking areas. Highway
Gateways include both the highway's main lanes and designated frontage roads.
1. Interstate Highway 35.
2. State Highway 195.
3. State Spur 158 (North Austin Avenue).
4. State Highway 130.
B. Scenic/Natural Gateways—25-Foot Landscape Buffer.
The purpose of the Scenic/Natural Gateway is to reflect the natural characteristics of the land.
These Georgetown roadways are prominent arterials and growth zones leading into the City. The
purpose of the design standards for the Scenic/Natural Gateway corridors is to maintain the
existing informal character as they develop. For developments that occur along the
Scenic/Natural Gateways, designers shall integrate the natural characteristics of the land into the
landscape design. Informal tree massings, planting of under story trees, incorporation of native
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stones and boulders and use of native grasses and wildflowers are examples of how to blend
required plantings with native plantings.
1. F.M. 2243 (Leander Road).
2. State Highway 29 (University Avenue), west of the intersection of I.H. 35 and east of
the intersection of Southwestern Boulevard.
3. State Spur 26 (South Austin Avenue).
4. F.M. 2338 (Williams Drive).
5. F.M. 971.
6. F.M. 1460.
C. Downtown Gateways—Ten-Foot Landscape Buffer.
The purpose of the Downtown Gateway standards is to enhance and unify the appearance of the
major roadways adjacent to, and directly leading into downtown Georgetown. Because of the
close proximity to the Downtown District, the appearance of the Downtown Gateway shall reflect
a relatively formal, urban extension of the downtown and visually enhance its aesthetic
appearance. In order to establish the formal appearance, trees shall be evenly spaced and located
equal distance behind the property line. Although the intent for the Downtown Gateway
corridors is to establish a consistent, formal landscape appearance, the design standards are not
intended to adversely affect existing trees along the roadways. Variations to these standards are
allowed to provide for the preservation of existing trees.
All non-residential properties in Downtown Gateways are subject to special setback design
requirements, denoted in Subsection 4.11.040030.B.
1. South Austin Avenue, beginning north of the intersection of F.M. 1460/F.M. 2243
(Leander Road) and ending at the southern boundary of the Downtown Overlay
District.
2. North Austin Avenue, beginning at the northern boundary of the Downtown Overlay
District and ending at the intersection of F.M. 2338 (Williams Drive).
3. State Highway 29 (University Avenue), beginning at the western boundary of the
Downtown Overlay District and ending at the intersection of I.H. 35.
4. State Highway 29 (University Avenue), beginning at the eastern boundary of the
Downtown Overlay District and ending at the intersection of Southwestern Boulevard.
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Sec. 4.11.030. – Gateway Design Standards.
A. Landscaping Standards.
Calculation of required landscaping must comply with Section 8.078.04.050, Gateway Overlay
District landscape. Where regulations and requirements for Gateways and the underlying
another zoning district conflict, the more restrictive regulations shall apply.
B. Special Setbacks in the Downtown Gateway.
1. For all non-residential properties in the Downtown Gateway, regardless of zoning
district, the front setback is zero. For purposes of this setback, the property line will be
replaced with the edge of the gateway landscape buffer.
2. Parking is prohibited between the front building line and edge of the Gateway
landscape buffer.
3. The front building line shall comprise of a minimum of 40 forty percent (40%) of the
primary facade of the primary building.
4. Features allowed between the front building line and the landscape buffer shall be
limited to those allowed in Subsection 7.03.030.A.4.a.v.i7.02.030.C.4.
5. Fencing shall meet the requirements in Section 8.07.030.
C. Sidewalks.
Sidewalks shall be required in accordance with Table 12.03.020. All sidewalks shall be constructed
and designed to coordinate the location of any new sidewalks and to tie into existing sidewalks.
If the sidewalk lies within the Gateway landscape buffer, some portion of the site's required
landscaping shall be located between the sidewalk and the designated right-of-way. Properties
in the Downtown Gateway require construction of a minimum six-foot sidewalk. Scenic and
Highway Gateways require sidewalks, where applicable, in accordance with Section 12.02.
D. Parking.
No parking will be allowed within a Gateway landscape buffer and all screening of adjacent
parking will be in accordance with Section 8.04.070.
E. Site Limitations.
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1. Drainage facilities are not allowed within a Gateway landscape buffer except those that
are necessary to convey drainage in the shortest possible route to or from the street
right-of-way, if determined to be required by the Development Engineer. If determined
to be necessary in such instances, the drainage facilities shall follow the design
requirements in Section 11.0504. Drainage facilities include all detention ponds, water
quality ponds, outlet structures, drainage berms, improved channels or other
improvements associated with the drainage improvements.
2. Dumpsters and mechanical equipment are not allowed in the front, side, or rear setback
if the setback is directly adjacent to a Gateway roadway.
3. All utilities installed for the development shall be located underground. The developer
shall not have to retrofit existing utilities.
4. No service areas or service drives shall be permitted to front a Gateway roadway.
F. Boundary Walls.
Residential boundary walls may be required, as described in Section 8.07.060.
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Chapter 8 - TREE PRESERVATION, LANDSCAPING AND FENCING
SECTION 8.01. - GENERAL
Sec. 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 land 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 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 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.
Sec. 8.01.020. – Authority.
A. The provisions of this chapter are adopted pursuant to Texas Local Government Code chs.
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 this chapter,
appeals of the Director's decisions shall be made to the City Council utilizing the procedures
set forth in Section 3.14, Appeal of an administrative decision.
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Sec. 8.01.030. - Applicability.
This chapter applies to all properties located within the corporate limits and the extra-territorial
jurisdiction (ETJ) of the City; 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.
• Subsection 8.02.030.D. Heritage Trees
• Subsection 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, and maintenance
• Section 8.07. Fencing
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
Sec
8.02.030.E
Sec
8.03
Sec
8.04
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
Sec. 8.01.040. – Essential Terms Defined.
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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 Multi-family.
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 four and one-half feet
above ground, as further defined in Chapter 16. The DBH of a tree with more than one trunk
shall be calculated as the sum of the DBH of the largest trunk and one half the sum of the
remaining trunks. Trees classified as Ornamental Trees by the Preferred, Controlled, and
Prohibited Plant List adopted through the Development Manual with more than one trunk
shall be calculated as the sum of the DBH of the largest trunk of the tree and one half the
DBH of the largest trunk of the tree multiplied by the number of remaining trunks.
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 one foot of radial distance for every one inch of DBH.
E. The definitions in Chapter 16 of this Code shall apply to these and other terms within this
chapter.
Sec. 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 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.
Sec. 8.01.060. - Additional Resources.
The City 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
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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.
Sec. 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.
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 provisions of this section apply only to non-residential development as
defined in Section 8.01.040 above.
Sec. 8.02.020. – Tree Classifications Established.
A. Protected Tree.
A Protected Tree is any tree, excluding Hackberry, Chinaberry, Ashe Juniper (cedar),
Mountain Cedar, Blueberry Juniper, Post Cedar, Chinese Tallow, and Mesquite, that has a
diameter at 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.
Sec. 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.
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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 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.
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 (ISA) Certified Arborist.
Removal of a Protected or Heritage Tree requested by any utility provider in the City's
right-of-way or public utility easement must be submitted to the Urban Forester for
review and approval or through a right-of-way permit in accordance with Chapter 12.08
of the City Code of Ordinances.
C. Protection of Critical Root Zone.
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1. No construction or disturbance shall occur within an area that constitutes more than 50
percent (50%) of the total CRZ and one-half 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 one-half 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 four 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.
5. It shall be unlawful to prune a Heritage Tree without an approved Heritage Tree pruning
permit per Section 3.23 of this Code. 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
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(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 also be credited towards the landscape requirements of
Sections 8.03 and 8.04.
E. Protected Tree Preservation Requirements.
1. The requirements of this chapter as they relate to Protected Trees shall be applicable to
all non-residential development within the City's jurisdiction. Single- and two-family
development is exempt from the Protected Tree requirements.
2. Required Protected Tree Preservation Percentages.
a. The minimum number of Protected 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 Subsection 8.02.040.C.
Table 8.02.030: Required Protected Tree Preservation
Average Tree Density Minimum Percentage of Protected Trees
Required to be Preserved
1—10 trees per acre 30%
11+ trees per acre 20%
b. An applicant may preserve less than the minimum percentages of Protected Trees
outlined in Table 8.02.030 provided that the inches of trees removed beyond the
minimum required to be preserved be mitigated at a rate of 1.5 times the
calculations required in Section 8.04.020.
3. Preserved Protected Trees may also be credited towards the landscape requirements of
Sections 8.03 and 8.04.
F. Tree Preservation and Mitigation Boundaries.
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1. All Protected and Heritage Trees on a property shall be considered existing trees for the
purpose of determining the number of Protected Trees required to be preserved in
Section 8.02.030.E. 1. No trees shall be considered existing trees or credit trees if located
in an area of required right-of-way dedication per Sections 12.02 and 12.03 of this Code
where no public improvements are required to be constructed as a part of the scope of
work.
2. Removal of Protected and Heritage Trees within an area of required right-of-way
dedication shall be mitigated in accordance with this Code.
Sec. 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 location 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 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,
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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. In consultation with the Urban Forester,
all options to consider the on-site replacement of trees shall be exhausted before other
methods of mitigation shall be considered. 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 percent (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 Subsection 8.02.020.B.
d. Exceptions.
i. No mitigation shall be required for the following tree species: Hackberry,
Chinaberry, Ashe Juniper (cedar), Mountain Cedar, Blueberry Juniper, Post
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 six 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), Mountain Cedar, Blueberry Juniper, Post Cedar, Chinese Tallow, and
Mesquite Trees shall not be considered credit trees.
i. Trees classified as Ornamental Trees by the Preferred, Controlled, and
Prohibited Plant List adopted through the Development Manual may be
considered on-site credit trees and used as credit toward mitigation
requirements. The amount of inches that may be credited for each ornamental
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tree shall be equal to the sum of the DBH of the largest trunk of the tree and
one half the DBH of the largest trunk of the tree multiplied by the number of
remaining trunks.
ii. Trees located within the FEMA one percent (1%) floodplain or the calculated
1% floodplain may not be considered on-site credit trees for the purposes of
mitigation. Credit Trees located outside of the FEMA one percent (1%)
floodplain or the calculated one percent (1%) floodplain may be credited at a
ratio of 2:1 per DBH inch preserved.
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 Subsection C.1. above.
c. Credit trees may apply towards a maximum of 75 percent (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.
f. Existing shade trees with a DBH of least three inches and no more than 6 inches that
remain on a site may be credited toward the required mitigation trees under this
section, subject to approval by the Urban Forester, and provided the following
standards are met:
i. Trees shall meet certain locational requirements. Such trees shall not be located
in areas that:
a. Have been graded, cleared of vegetation, or used for construction access
or staging during development,
b. Are directly underneath existing Protected or Heritage Trees
c. Have been set aside and planned for future development (parking,
proposed building footprint, or any other areas to be disturbed by future
development)
d. Are located within a Public Utility Eeasment
e. Might impact the sight visibility zones of adjacent or future streets.
f. Are determined by the Urban Forester to be unsuitable based on specific
sight conditions.
ii. Trees shall be in good health and within or near a tree stand;
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iii. A tree’s full Critical Root Zone shall not be impacted by construction activity;
and
iv. Trees shall be credited at a reduced mitigation ratio of 0.5:1 ratio.
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 Subsection C.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, Non-Residential Landscape Requirements.
d. On-site replacement trees planted on residential lots shall be credited toward the
mitigation requirements of a residential development provided the following terms
are met:
i. The shade trees planted for on-site mitigation credit must have at least a 3-
inch DBH and be installed according to all applicable requirements of
Section 8.06;
ii. The Urban Forester shall have determined that all opportunities for planting
within common areas (open space lots, HOA facilities, public parks, right-
of-way, etc.) within the subdivision have been exhausted.;
iii. Credit shall only be given for shade trees planted in addition to Residential
street yard requirements of Section 8.03.
iv. A minimum 15-foot on-center spacing is maintained from other shade trees;
v. Credit shall be given for these shade trees at a ratio of 0.5:1;
vi. Credit shall only be given for shade trees planted on residential lots subject
to a requirement for a residential building permit.
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.
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a. Planting the required number of mitigation trees that would otherwise be required
on-site in a City-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 $225.00 per DBH inches of Heritage Tree removed, $175.00 per DBH
inches of Protected Tree with a DBH of 18 inches or greater removed, or $125.00 per
DBH inches of Protected Tree with a DBH equal to or greater than 12 inches but less
than 18 inches 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.
i. Upon request to the Urban Forester, a reimbursement of mitigation payment
may be issued due to deviations from the approved Tree Mitigation Plan
during construction of a project. At the approval of the Urban Forester, a
reimbursement of mitigation fees paid may be requested for the
preservation of any tree identified on the Tree Preservation Plan as
"removed" at time of final inspection.
5. Mitigation by Soil Aeration and Supplemental Nutrients.
An applicant may spend up to 30 percent (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-
compacted.
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
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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.
Sec. 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 five percent
(5%) for the preservation of Protected Trees beyond the amount required by Subsection
8.02.030.E. A one-percent (1%) increase in impervious cover may be granted for each one
percent (1%) of Protected Trees preserved beyond the minimum required per Table
8.02.030. For example, a site required to preserve a minimum of 30 percent (30%) of total
Protected Trees may receive a three-percent (3%) impervious cover bonus by preserving
33 percent (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 may be reduced if a Heritage Tree is saved within
the dedicated Parkland lot in accordance with Section 13.08 of this Code, subject to
approval by the Parks and Recreation Director.
3. Parking Space Reduction.
The Director may approve a reduction in the number of parking spaces required by ten
percent (10%) for the preservation of a Protected Tree with a DBH of 20 inches or greater.
A maximum of a 30 percent (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
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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
through an application for an Administrative Exception under the provisions of UDC
Section 3.16.
2. Protected Trees.
The preservation of Protected Trees with a DBH of 18 inches or greater or a stand of
Protected Trees with a cumulative DBH of 18 inches or greater may take 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 Protected 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 Protected Tree protection may be approved by the Director through an
application for an Administrative Exception under the provisions of UDC Section 3.16.
SECTION 8.03. - RESIDENTIAL LANDSCAPING
Sec. 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.
Sec. 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 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 Subsection 8.04.020.B. If existing trees are to remain, the tree
protection measures of Subsection 8.02.030.C shall be followed.
Sec. 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 Subsection 8.06.020.C.
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Sec. 8.03.040. - Residential Parking Areas.
Pursuant to Subsection 6.05.020.C.8., some parking areas located in the required residential front
yard may require screening from the street view.
SECTION 8.04. - NON-RESIDENTIAL LANDSCAPE REQUIREMENTS
Sec. 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 review and appeal process and Section 8.06 for plant selection, installation, and maintenance
requirements.
Sec. 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 six inches and are listed in the City 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.
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 Subsection 8.02.040.C
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,
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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.
Sec. 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 10,000 square feet shall provide:
1. Landscape area totaling 20 percent (20%) of the street yard; and
2. One (1) shade tree and three (3) shrubs per 2,500 square feet of street yard.
B. Street yards between 10,000 and 100,000 square feet shall provide:
1. Landscape area totaling 20 percent (20%) of the street yard; and
2. Four (4) shade trees and twelve (12) shrubs per the first 10,000 square feet of street
yard, plus one and half (1.5) shade trees and four (4) shrubs per every additional
10,000 square feet of street yard thereafter.
C. Street yards larger than 100,000 square feet shall provide:
1. Landscape area totaling 20 percent (20%) of the street yard; and
2. Eighteen (18) shade trees and forty-eight (48) shrubs per the first 100,000 square feet
of street yard, plus two (2) shade trees and five (5) shrubs per every additional
20,000 square feet of street yard thereafter.
D. Plantings within a required street yard may be planted in zones to distribute the
plantings throughout the street yard and focus the largest percentage of plantings along
the right(s)-of-way.
1. When this option is used, required street yard plantings shall be distributed as
follows:
a. Low Level Zone. Ten percent (10%) of the required plantings shall be planted
within twenty-eight (28) feet of the building façade.
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b. Mid Level Zone. Thirty percent (30%) of the required plantings shall be planted
within the Low Level and High Level zones.
c. High Level Zone. Sixty percent (60%) of the required plantings shall be planted
between the right-of-way and Mid Level zone.
2. The distribution of plantings within a required street yard shall be required for all
phased development. All plantings required at ultimate buildout in the High Level
Zone shall be installed as a part of phase 1.
Sec. 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. Landscaping provided to meet this section 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 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 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.
B. Shade Trees.
1. A minimum of one shade tree is required per every 12 parking stalls provided.
2. Each parking stall in excess of the required shall be calculated as one and one-half
stalls for purposes of required shade trees.
3. In order to maximize the distribution of shade, shade trees shall 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 Director.
4. Planting areas for each tree shall have a minimum undisturbed pervious area of at
least 100 square feet and have a minimum interior dimension of eight feet wide,
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exclusive of the curb dimensions, and shall be planted or covered with grass, mulch,
ground cover, or other approved landscape materials. These areas shall be non-
compacted or excavated and filled with quality soil in accordance with the Technical
Standards. These areas shall also be free of other structures such as lighting or utility
poles.
C. Exemptions.
Enclosed parking structures and vehicle display and sales areas, as defined in this Code,
are exempt from the parking lot landscaping requirements.
Sec. 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 4.11. The following standards are required for all non-
residential properties located along the corridors listed in Section 4.11.020, 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 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.
1. The landscape area shall contain at least 80 percent (80%) live vegetative coverage
excluding the area required for driveways, sidewalks, bicycle paths, and drainage
features, as allowed with limitations in Section 4.11.030. Fencing is not allowed
within the landscape area.
2. Within the landscape area, plantings are required at a minimum ratio of two shade
trees and five five-gallon shrubs for every 1,000 square feet of land. Existing trees
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that are preserved within the landscape area may count toward the required tree
plantings, pursuant to Section 8.04.020.
C. Downtown Gateway Overlay District.
1. Landscape Buffer.
A ten-foot deep landscape buffer is required adjacent to the designated gateway
roadway and will be measured from the property line.
2. Landscape Area.
a. The landscape area shall be landscaped and maintained with at least 80 percent
(80%) live vegetative coverage excluding the area required for driveways,
sidewalks, bicycle paths, as allowed with limitations in Section4.11.030. Fencing
is not allowed within the landscape area.
b. Within the landscape area, plantings are required at a minimum ratio of two
shade trees and two five-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 Subsection 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.
Sec. 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.
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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 8.04.060 indicates the level of bufferyard required between each zoning district or
land use. Letters "a" to "e" correspond with the information below Table 8.04.060 and
identify the type of bufferyard required and the specific situations in which the
bufferyard is required. A box with a "—" indicates that a bufferyard is not required
between those development types. The planting requirements of each type of bufferyard
can be found in Subsection C. below.
Table 8.04.060: Bufferyard Level Required
Adjacent District
ETJ* AG RE RL RS TF MH TH MF1 MF2 CN C-
1
C-
3 OF PF BP IN MU-
DT
Bufferyard
Required
AG c c c c c c c c c — — — — — — — — c
MH a a a a a — — — — — — — — — — — — a
TH a a a a a b — — — — — — — — — — — a
MF1 a c c c c c — — — — — — — — — — — c
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MF2 a c c c c c — — — — — — — — — — — c
CN a a a a a a a a a — — — — — — — — a
C1 c c c c c c c c c — — — — — — — — a
C3 c c c c c c c c c — — — — — — — — a
OF c c c c c c c c c — — — — — — — — a
PF c c c c c c c c c — — — — — — — — a
BP c c c c c c c c c — — — — — — — — a
IN e e e e e e e e e d d d d d — — d e
MU-
DT a a a a a a — — — — — — — — — — — a
* Shall only apply in the case of one or more single-family homes that are platted or planned for
residential use on the Future Land Use Map in the ETJ.
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, MF-1, or MF-2 District or when adjacent to an existing single-family home in the AG
District or ETJ.
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.
C. Specific Bufferyard Requirements.
1. A low level bufferyard shall consist of the following:
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a. A ten-foot wide planting area;
b. Two evergreen ornamental trees and four 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 shade tree, two evergreen ornamental trees and eight 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 six-foot high screening wall constructed of brick, stone, reinforced concrete
or other similar two-sided masonry materials; and
c. Two shade trees and four evergreen ornamental trees per each 50 linear feet of
bufferyard.
Sec. 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:
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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 two feet tall at time of planting, with
predominately a mature height of three to four feet within two years, as determined
by a landscape architect or other licensed professional.
c. Live screening shall be planted in a prepared bed at least three feet in width.
d. Plantings, fences, or walls shall be set back a minimum of three feet from the curb
or wheel stop to allow for the overhang of the vehicle.
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
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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 one foot above the height of the waste and/or recycling
container.
3. Waste and/or recycling container screening shall be maintained by the owner at all times.
4. Waste and/or recycling containers shall be located at least 15 feet from shade trees.
5. Dumpsters, compactors, and other similar waste and/or recycling containers.
a. Dumpsters, compactors, and other similar waste and/or recycling containers 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, compactors, and other similar waste and/or recycling containers shall
be placed on reinforced concrete pads that are a minimum of six inches in thickness
and sloped to drain.
c. Screening shall be provided on four sides and be comprised of:
i. Brick, stone, reinforced concrete or other similar masonry materials that have a
similar finish to the primary finish;
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.
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e. Dumpster, compactors, and other similar waste and/or recycling containers
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-inch diameter concrete filled steel pipes shall be located in corners and possible
impact areas to protect the enclosure from truck operations.
6. Location of waste and/or recycling container enclosures shall also comply with the
standards of the waste collection service provider. When the standards of this section
and the service provider conflict, the standards of this section shall apply.
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 sides of the area by a wall or other screening
mechanism, not less than eight 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
Sec. 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 and/or Tree Inventory.
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a. A Tree Survey shall graphically identify the location, size, and species of all Heritage
Trees and other existing trees to be credited toward mitigation requirements.
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 ten years with recertification of any trees
shown on the survey to have a DBH of 24 inches or larger after five years. A new
Tree Survey shall be required for separate phases of long term projects that extend
longer than ten years.
d. In order to promote the preservation of quality trees, reduce the mitigation owed
for contribute value to the built environment, and to identify opportunities to
increase the value and accessibility of impressive trees, a Tree Inventory shall be
required when:
i. A Tree Preservation Plan proposes to satisfy, in any part, the mitigation
requirements of UDC Section 8.02.040 with the preservation of On-Site Credit
Trees,
ii. A residential subdivision is to be planned and developed in three (3) or more
phases, or
iii. Alternative tree preservation and mitigation standards are being requested
through a Planned Unit Development (PUD), a Development Agreement, a
Request for the Creation of a Municipal Utility District (MUD), or a
Subdivision Variance.
e. A Tree Inventory shall be prepared by an arborist licensed by the International
Society of Arboriculture (ISA) and contain the following information.
i. The same information provided in a Tree Survey and a Tree Schedule;
ii. A determination on the health of each tree - i.e. Dead, Poor, Good, Excellent;
iii. Description of any diseases present on trees of “Dead” or “Poor” health;
iv. Proposed measures to be taken to prevent spread of disease through the
project site;
v. Existing canopy cover (as a percentage of the project area); and
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vi. A description of a tree’s aesthetic value (i.e. size, evaluation as a specimen of
the species, size and quality of the canopy, etc.).
f. Tree Inventories shall be valid for a period of ten years with recertification of any
trees shown on the survey to have a DBH of ten to 11 inches or DBH of 24 inches or
larger after five years. A new Tree Inventory shall be required for separate phases
of long term projects that extend longer than ten 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 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 Section 8.01.020. 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, species of the trees, and timing of
installation.
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 Subsection 8.02.030.C. and the Technical Standards.
Sec. 8.05.020. - Non-Residential Review.
A. Tree Preservation Plan.
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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 and/or Tree Inventory.
a. The Tree Survey shall graphically identify the location (including if the tree is
located in the floodplain or an area of right-of-way dedication), size and species of
all Protected and Heritage trees with a DBH of 12 inches or greater.
b. Tree Surveys shall be valid for a period of ten years with recertification of any trees
shown on the survey to have a DBH of ten to 11 inches or DBH of 24 inches or larger
after five years. A new Tree Survey shall be required for separate phases of long
term projects that extend longer than ten years.
c. In order to promote the preservation of quality trees, reduce the mitigation owed,
and contribute value to the built environment, and to identify opportunities to
increase the value and accessibility of impressive trees, a Tree Inventory shall be
required when:
i. A Tree Preservation Plan proposes to satisfy, in any part, the mitigation
requirements of UDC Section 8.02.040 with the preservation of On-Site Credit
Trees;
ii. A Site Development Plan is to be developed in three or more phases; or
iii. Alternative tree preservation and mitigation standards are being requested
through a Planned Unit Development (PUD), a Development Agreement, a
Request for the Creation of a Municipal Utility District (MUD), or a Subdivision
Variance.
d. A Tree Inventory shall be prepared by an arborist licensed by the International
Society of Arboriculture (ISA) and contain the following information.
i. The same information provided in a Tree Survey and a Tree Schedule;
ii. A determination on the health of each tree (i.e. Dead, Poor, Good, Excellent;
iii. Description of any diseases present on trees of “Dead” or “Poor” health;
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iv. Proposed measures to be taken to prevent spread of disease through the
project site;
v. Existing canopy cover (as a percentage of the project area); and
vi. A description of a tree’s aesthetic value (i.e. size, evaluation as a specimen of
the species, size and quality of the canopy, etc.)
e. Tree Inventories shall be valid for a period of ten years with recertification of any
trees shown on the survey to have a DBH of ten to 11 inches or DBH of 24 inches or
larger after five years. A new Tree Inventory shall be required for separate phases
of long term projects that extend longer than ten 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.
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 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, species of the trees, and timing of
installation. If Heritage Tree mitigation is required, a separate line item from the
Protected Tree mitigation shall be required.
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
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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.
Sec. 8.05.030. - Inspection and Approval of Installation.
A. Residential Installation.
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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.
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.
Sec. 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
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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.
Sec. 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 alternatives including but not limited to site design,
spacing, locations, numbers, and species. The use of above ground architectural planters may
contribute toward up to ten percent (10%) of the fulfillment of landscape requirements, as
approved by the Director.
SECTION 8.06. - PLANT SELECTION, INSTALLATION, AND MAINTENANCE
Sec. 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.
D. 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 percent (50%) plant material.
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.
Sec. 8.06.020. - Plant Materials and Size Requirements.
A. Species.
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1. All required plant materials shall be selected from the City 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 five trees or ten shrubs are to be planted to meet the requirements of
this chapter, a mix of species shall be provided wherein no more than twenty-five
percent (25%) of plantings may be from the same species.
3. Of the required plant materials, at least 50 percent (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
three caliper inches measured at six inches above finished grade or have a three-
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.
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Mitigation trees, as required by Section 8.02.040 of this chapter, shall be a minimum of
three caliper inches measured at six inches above finished grade or have a three-inch
DBH.
3. Shrubs.
Shrubs planted to meet the requirements of this chapter shall be at least one-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 one-gallon
container-grown nursery stock.
b. Groundcover planted to meet the requirements of this chapter shall be at least four-
inch container-grown nursery stock.
c. Ornamental grasses planted to meet the requirements of this chapter shall be at least
one-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 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 on 3:1 or greater slopes or other areas subject to erosion.
a. For all other areas where sod is not required, the use of sod shall be limited to the
remaining balance of the percentage of plant materials not classified as low water
users (for example, if fifty percent (50%) of plant materials used are classified as
low water users, sodded areas shall be limited to fifty percent (50%) of all landscape
area).
b. The restriction to the use of sod does not apply to areas designated as dog parks,
open recreation/common amenity areas or parks, or where sod is required by this
Code.
3. Synthetic or artificial lawns may be allowed provided the following standards are met:
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a. Synthetic or artificial lawns may be used in playscapes, sports fields, and other
similar recreational fields, and areas that are screened from streets and adjacent
properties. On residential properties, synthetic or artificial lawns shall be limited to
the rear yard only.
b. Synthetic or artificial lawns shall be certified by a Professional Engineer that it will
allow rainwater to infiltrate at the same rate as natural turf.
c. Synthetic or artificial lawns shall be prohibited within required bufferyards and
gateway overlay district landscape areas.
d. Synthetic or artificial lawns shall be made of polyethylene or polypropylene.
Residential properties may use a nylon material. Other similar materials may be
considered by the Urban Forester, or designee.
e. Synthetic or artificial lawns shall utilize heat blocking or other dissipating features
to limit heat gain.
f. Synthetic or artificial lawns shall be a two-tone color or better.
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.
Sec. 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.
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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 four feet
from the trunk in all directions.
3. All new ornamental trees shall be planted so they have a minimum pervious area of
three 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 and Signage 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, or near existing
and proposed signage. 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 five feet of the lines.
c. When there is a conflict between the location of required trees and overhead or
underground utility lines, or signage, one or more of the following options may be
used to satisfy the minimum number of trees required:
i. Required trees may be planted so that no more than twenty-five percent (25%)
of the mature tree canopy size encroaches onto a utility easement, sign, or other
point of conflict; or
ii. When applicable, the required gateway landscape area may be extended a
minimum of ten (10) feet beyond any conflicting utility easement; or
iii. Additional ornamental trees and shrubs may be used to meet required shade
trees at a ratio defined below:
• Two (2) ornamental trees shall be planted for every shade tree, or
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• One (1) ornamental tree and twenty (20) shrubs shall be planted for every
shade tree.
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 three feet to one foot and shall be stabilized with vegetation, including turf grass or
groundcover, to prevent washout. Planting beds are allowed on landscape berms.
Sec. 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, plant materials and landscape areas. 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.
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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-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 six 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 percent (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:
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.
F. Synthetic or artificial lawn.
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Synthetic or artificial lawn shall be maintained so as to maintain its pervious surface
condition.
Sec. 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 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.
Sec. 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
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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 Subsection
8.02.040.C. Mitigation trees must be planted along the same side of the building or same area of
the parking lot, and in the instance that the removed tree was planted to satisfy a landscape
requirement under Section 8.04, the replacement tree must be planted in the same landscape area
(i.e. gateway landscape area, street yard, etc.) and reach a similar size as the removed tree(s),
unless an alternative location or species is approved by the Urban Forester. Other conditions of
approval may be required by the Urban Forester and/or the Director.
***
***
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Chapter 11 - ENVIRONMENTAL PROTECTION
***
SECTION 11.02. - IMPERVIOUS COVER
These impervious cover limitations are adopted to minimize negative flooding effects from
stormwater runoff and to control, minimize, and abate water pollution resulting from urban
runoff of rainwater or other non-point specific sources, pursuant to Texas Water Code § 26.177.
***
Sec. 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.
***
7. Plant materials classified as low water users (Three Percent (3%)).
The Director may consider an increase in the amount of permitted impervious cover
by up to three percent (3%) for the use of plant materials classified as low water
users. A one percent (1%) increase in impervious cover may be granted for every
additional ten percent (10%) of the total plants used classified as low water users.
***
***
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Chapter 16 – DEFINITIONS
***
SECTION 16.02. - DEFINITIONS
The following definitions describe terms found in this Code.
***
Bond. A sealed instrument under which a person or entity is obligated to pay an agreed-upon
amount of money on or before a specified expiration date or action. Binding security; firm
assurance.
Branch (tree). A part of a tree that extends from the trunk and forms a part of the canopy.
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.
***
Rooming House. A residential building other than a hotel or apartment where lodging and
possibly meals are provided by pre-arrangement for definite periods for compensation. No
cooking facilities are provided in individual living units.
Root (tree). The part of a tree or plant typically underground which absorbs nutrients and
moisture, stores food, and as an anchor and supports the tree or plant.
Rural Residential Subdivision. A subdivision that is zoned either AG (Agriculture) or RE
(Residential Estate) if within the City Limits or a subdivision in the extraterritorial jurisdiction
(ETJ) that is platted for single-family residential development.
***
Tree. Any self-supporting woody perennial plant species usually having a single trunk diameter
of no less than two inches at maturity, measured one foot above grade, and which normally grows
in Central Texas to an overall minimum height of 12 feet.
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 six and 11 inches that may be used
toward the required mitigation or landscape trees.
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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 Protected or Heritage Tree; chemical poisoning;
utilizing the area within the tree protection fence for storage of equipment or vehicular traffic and
other activities; removing bark greater than three inches; breaking or splitting of 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 percent (80%) or greater as determined
by the Urban Forester.
Tree, Diseased. A tree with a condition that impairs the performance of one or more vital
functions; usually associated with infectious conditions.
Tree, Heritage. Any of the following trees that has a 26-inch diameter when measured at four
and one-half feet above grade: 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.
2. The term "Heritage Trees" does not include Hackberry, Chinaberry, Ashe Juniper
(Cedar), Mountain Cedar, Blueberry Juniper, Post Cedar, Chinese Tallow, or Mesquite.
Tree Mitigation. The process to address the removal of Protected or Heritage Trees either
through crediting existing trees, planting new replacement trees or paying fees-in-lieu.
Tree, Multi-Trunk. A tree with more than one trunk. These trees are to measured according to
the method established in this Code.
Tree, Ornamental. Smaller tree species, reaching a height of approximately ten to 25 feet at
maturity. Such trees provide screening and accent elements.
Tree Preservation Plan. A plan that graphically represents the Tree Schedule and identifies
Protected Trees and Heritage Trees, indicating those being preserved and those being proposed
for removal. The Tree Preservation Plan may be shown on the Tree Survey.
Tree, Protected. 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 Juniper (Cedar), Chinese Tallow, and Mesquite.
Tree Removal. As it applies to protected trees 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 as, 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
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around the trunk; excessive pruning; or paving with concrete or asphalt within the CRZ or
impervious materials in a manner which may reasonably be expected to kill the tree.
Tree Schedule. A list indicating the status of all trees on site; Protected Trees preserved, Protected
Trees removal, dead, Heritage Trees preserved, proposed Heritage Tree removal, not a protected
species, or Credit Tree, along with species name and tree diameter in one table. Typically, a Tree
Schedule is included on the Tree Survey.
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.
Tree Stand. A contiguous grouping or cluster of trees which can exhibit characteristics similar to
one another including, but not limited to, size, species, health, and age.
Tree, Street. An approved Shade Tree planted within the right-of-way in accordance with this
Code.
Tree Survey. A drawing showing 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.
***
Truck Terminal. A facility where commercial trucks, including tractors and trailer units, are
housed, stored, maintained or repaired. Accessory uses may include offices, fueling or washing
and the temporary storage of loads prior to shipment.
Trunk (tree). The primary structural support of a tree, or the primary stem of a tree, as district
from the branches and roots.
Two-Family. The use of a single lot or parcel for two dwelling units contained within a single
building. See also "Duplex."
***
Vehicle. See "Automobile".
Vehicle Display and Sales Area. The area specifically reserved for the display and storage of
vehicles actively for sale. This area shall not include areas reserved for required parking spaces,
parking of vehicles in service, or areas reserved for the storage of vehicles not actively for sale.
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Vehicle Storage. Long-term storage (over 72 hours) of operable or inoperable vehicles. Typically
includes storage of tow-aways or impound yards, but this term excludes dismantling or salvage.
***
***
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Tree Preservation and
Landscape Standards
Adjustments and Clean-up
UDC Advisory Committee
June 16, 2021
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Purpose
•Provide a recommendation to City Council on proposed amendments to the Unified Development Code (UDC) related to tree preservation and landscape standards
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Amendment Process
CC update and discussion
CC update and
discussion
UDCAC intro to new issues
UDCAC vetting of new issues
Public review of new issuesDraft Ord.
UDCAC and P&Z rec. to City Council
City Council Approval
UDCAC and City Staff begin to prepare draft amendments.
JulMayMarFeb Apr Jun
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Issues Submitted
Tree Preservation, Removal, and Mitigation
Issue No.Relevant UDC Issues Requestor
TP.01 8.05.010.A.1 and 8.05.020.A.1 Consider establishing a threshold for identifying which multi-trunk trees must be included on a survey based on the DBH of the largest trunk.UDCAC
TP.02 16.02 Consider adding a definition for tree branch and tree trunk.UDCAC
TP.03 N/A Consider adding a definition for “hardwood” and “softwood” trees as some might have different interpretations.UDCAC
TP.04 8.02.020.A and 16.02 Exclude all cedar (ash-juniper and mountain cedar) trees from the protected trees definition.UDCAC
TP.05 8.02.040.C.2.a.i Consider excluding ornamental trees from the definition of protected trees.UDCAC
TP.06 3.23, 8.02.030.B.3 Clarify applicability of City approval for the removal of protected trees within a right-of -way or public utility easement and assessment of mitigation fees.
Staff
TP.07 8.05.010.A.1 and 8.05.020.A.1 Consider requiring a Tree Inventory for new projects and phased projects whose surveys need to be update after 5 and 10 years. Staff
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Tree Preservation, Removal, and Mitigation, cont’d.
Issue No.Relevant UDC Issues Requestor
TP.08 3.16.020.C and 8.02.050.B.Consider prioritizing the preservation of protected trees to allow flexibility in site design elements (I.e. parking layout, monument sign location). Clarify the existing process for Heritage Trees.
Staff
TP.09 8.02.030.F and 8.02.040.C.2.a.ii Consider establishing boundaries for calculating protected and heritage trees on projects (i.e. floodplain, ROW, Limit of Construction, Phase or Section specific)
Staff, Public
T P. 1 0 8.05.010.A.1 and 8.05.020.A.1 Consider requiring additional information on the health of a protected and heritage tree to address disease control issues as it relates to tree preservation.
Staff
T P. 1 1 8.02.030.E.2.b, 8.02.040.C , 8.02.040.C.4.b and c, 8.05.010.A.3, and 8.05.020.A.4
Consider additional options for tree mitigation.Staff, Public
T P. 1 2 8.06.060 Consider altering the situations in which required landscaping trees can be removed –specifically related to signage. Staff
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Street yards, Gateways and Parking
Issue No.Relevant UDC Issues Requestor
SY.1 8.03.030; 8.06.020.C.3 and 8.06.040.F
Consider allowing the use of artificial turf for single-family residential Public
SY.2 8.04.030 Consider establishing different or alternative street yard requirements, particularly for projects with buildings at great distance from the road and/or phased projects.
Public
SY.3 4.11, 8.04.050 Clarify the applicability of Gateway landscape requirements (and how these relate to other landscape requirements)Staff
SY.4 8.04.040.C Clarify the applicability of landscape requirements for inventory lots related to an auto sales use Staff, Public
SY.5 8.06.030.D.6 Consider measures or alternatives to address conflicts between signage, utilities and easements, and landscape requirements Staff, UDCAC
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Screening and Water Conservation
Issue No.Relevant UDC Issues Requestor
SBW.1 8.04.070.D Clarify screening requirements for alternative waste containers Staff
SBW.2 8.06.020.C.3, 8.06.040.F, 11.02.020.A.7
Review current nonresidential landscaping requirements regarding the city’s water conservation efforts Public, UDCAC, P&Z
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Action on Original Amendments
•UDC Advisory Committee made their recommendation on these amendments on March 10, 2021
•Small changes have been made since to account for typos and clarify intent.
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Additional Topics (Directed by City Council March 9, 2021)
Issue No.Relevant UDC Issues Requestor
TP.11.1 8.02.040.C.2 Consideration of trees smaller than 6-inches in diameter as credit trees for tree mitigation.City Council
TP.11.2 8.02.040.C.3 Consideration of trees planted in residential lots as credit trees for the purposes of tree mitigation.Public, City Council
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TP.11.1 –Tree Mitigation Options
Issue:Consider allowing existing trees with a DBH smaller than 6 inches as credit trees for mitigation purposes.
Proposed Terms:1.Trees smaller than 6 inches, but no smaller than 3 inches at 4.5 feet above ground, may be counted as on-site credit provided the following standards are met:a.Trees shall must meet the locational requirements (i.e. undisturbed areas, not around an existing PT or HT, not planned for future phase of development, not expected to be impacted by utilities, not expected to be,should not affect sight triangles trainagles, etc.);b.Trees shall be in good health and within or near a group of trees a tree stand;c.Trees full Critical Root Zone shall not be impacted from construction; andd.Trees may be counted at a reduced mitigation ratio of 0.5:1 inch ratio.e.Must be a shade tree to receive credit
*Changes shown here reflect the outcome of the discussion at the May 12, 2021 meeting of the UDCAC.
Background:
•Existing trees with a DBH of a minimum of 6-in and no more than 11-in that remain on site are considered credit trees and may be credited toward the required mitigation trees.
•Minimum size for new trees is 3-in DBH
UDC Sections Affected:8.02.040
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Need to add ‘e’ from previous sheet. Must be a
Shade tree to receive credit
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TP.11.2 –Tree Mitigation Options
Issue:Explore the option of allowing trees planted on residential lots as on-site replacement trees.
Georgetown Requirements (UDC Sec 8.02):
•Requires approval for the removal of a heritage (certain trees 26 inches or more in diameter at 4.5 feet above the ground) tree on residential property platted after 2007.
•Requires approval for the removal of a heritage or protected (all trees 12 inches in diameter at 4.5 feet above the ground) tree on non-residential property.
•When on-site replacement option is selected:
•New trees may only be counted to meet non-residential landscape requirements.
•Trees to be planted are required to be identified on the plans in accordance with the UDC’s plant selection, installation and maintenance requirements.
•This is typically done at time of Site Development Plan or Stormwater Permit when site design is finalized and it is known where new trees may be planted.
•These permits are not required for single-family or two-family residential lots.
Background:
•On-site replacement trees have been accepted on sites that are common areas or subject to non-residential review standards and enforcement.
UDC Sections Affected:8.02.040
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TP.11.2 –Tree Mitigation Options
Other Cities requirements:
•All cities require that tree mitigation be completed by replacement trees to be planted on-site or fee-in-lieu.
City Allow on-site plantings
trees on residential lots
Requirements/policies
for enforcement
Counted towards
landscape requirements
Inspection
requirements/process
Austin Yes Maintenance agreement and
CCRs with approval process
Yes Final Inspection of home
Cedar Park Yes Only plantings above
requirements
No Final Inspection/CO
Leander No n/a n/a n/a
San Marcos No, but do have a Street Tree
requirement
No No Acceptance of Improvements
Pflugerville Yes Beyond min. requirements No CO
Kyle Not addressed by Code Coordinated with amenity
Requirements
Required trees are above and
beyond min requirements
CO
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20
Example A –96-lot subdivision, 32 acres, NW quadrant
Inches of
Heritage Trees
Removed
Types of
Mitigation
Ability to plant
on site
On-site replacement
trees provided
Required on-site
inches to satisfy
mitigation
Cost associated with
on-site replacements
(≈$350/inch)
32 Fee-in-lieu ($6,400)No 0 96 $33,600
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21
Example B –65-lot subdivision, 15 acres, NW quadrant
Inches of
Heritage Trees
Removed
Types of
Mitigation
Ability to plant
on site
On-site replacement
trees provided
Required on-site
inches to satisfy
mitigation
Cost associated with
on-site replacements
(≈$350/inch)
26 Fee-in-lieu ($1,840)
Aeration/Fertilization
On-Site Replacement
Yes 9 78 $27,300
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22
Example C –96-lot subdivision, 20 acres, NW quadrant
Inches of
Heritage Trees
Removed
Types of
Mitigation
Ability to plant
on site
On-site replacement
trees provided
Required on-site
inches to satisfy
mitigation
Cost associated with
on-site replacements
(≈$350/inch)
364.5 Fee-in-lieu ($39,430)
Aeration/Fertilization
On-Site Replacement
Yes 58 1,094 $382,725
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23
Example D –254-lot subdivision, 77 acres, SE quadrant
Inches of
Heritage Trees
Removed
Types of
Mitigation
Ability to plant
on site
On-site replacement
trees provided
Required on-site
inches to satisfy
mitigation
Cost associated with
on-site replacements
(≈$350/inch)
0 None Yes 0 0 $0
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Example E –151-lot subdivision, 59 acres, SW quadrant
Inches of
Heritage Trees
Removed
Types of
Mitigation
Ability to plant
on site
On-site replacement
trees provided
Required on-site
inches to satisfy
mitigation
Cost associated with
on-site replacements
(≈$350/inch)
425 Fee-in-lieu ($85,000)Yes 0 1,275 $446,250
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25
Examples Under New Rules
Lots
HT Inches
Removed
Required On-
Site
Plantings
(Trees)
Req.
Trees
Per Lot
1 Add.
tree
per lot
Possible
Credit
at 0.5:1 ratio
Total Mit. Trees
minus required
On-Site
Plantings
Mitigatio
n
Required
2 Add.
Trees
per lot
Possible
Credit
at 0.5:1 ratio
Total Mit. Trees
minus required
On-Site
Plantings
Mitigatio
n
Required
A 96 32 32 1 to 2 1 48 16 NO 2 96 64 NO
B 65 26 26 1 to 2 1 32.5 6.5 NO 2 65 39 NO
C 96 364.5 364.5 1 to 2 1 48 -316.5 YES 2 96 -268.5 YES
D 254 0 0 1 to 2 1 127 N/A NO 2 254 N/A NO
E 151 425 425 1 to 2 1 75.5 -349.5 YES 2 151 -274 YES
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TP.11.2 –Tree Mitigation Options
Issue:Explore the option of allowing trees planted on residential lots as on-site replacement trees.
Proposed Terms:1.Allow new trees planted on residential lots to be used for mitigation when the following conditions are met:a.New tree must be a minimum 3-inch caliper b.Maximum 3 inches of credit per lotc.No more than 30% of total mitigation may be met through on-site replacement trees on residential lots. d.May not count towards meeting landscape requirementse.Plant out common areas to fullest extent first.f.Only trees planted above the minimum landscape requirements shall be given creditg.Give credit at a 0.5:1 ratioh.15-foot minimum spacingi.May only be used on property subject to a Residential Building Permit
*Changes shown here reflect the outcome of the discussion at the May 12, 2021 meeting of the UDCAC.
Background:
•On-site replacement trees have been accepted on sites that are common areas or subject to non-residential review standards and enforcement.
UDC Sections Affected:8.02.040
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31Page 194 of 197
32
Public Outreach –Round 1
•Round 1 –Survey & Office Hours
•Survey & Office Hours
•Tree mitigation fee is more cost effective than planting new tree. Revise mitigation fee to encourage preservation or more on-site planting
•Provide list of recommended trees for tight areas, parking, sidewalks, and buildings, as well as low water users (Development Manual)
•Allow artificial turf on playscapes and recreational fields that are not always screened from the road or adjacent property
•Tree preservation requirements may cause issues for large industrial sites
•Support 3rdclass of tree protection
•Clarification on proposed amendments
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33
Public Outreach –Round 2
•Round 2 –Survey
•Survey open May 31 –June 10
•4 Responses
•Understood the amendments & no additional info needed
•Too many trees destroyed during site prep. Backyard and frontyardtrees can be saved
•To remove any trees at all is unacceptable
•
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Next Steps
CC update and discussion
CC update and
discussion
UDCAC intro to new issues
UDCAC vetting of new issues
Public review of new issuesDraft Ord.
UDCAC and P&Z rec. to City Council
City Council Approval
UDCAC and City Staff begin to prepare draft amendments.
July 13
July 27
MayMarFeb Apr June 16
July 6
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