The Net Site Area is calculated by summing those portions of the tract or subdivision that are readily developable-lands outside of floodplain areas and having a flat or moderately sloping surface. It is defined as follows:

. The maximum impervious cover, measured as a percent, is multiplied by the Net Site Area to calculate the Total Allowable Impervious Cover for the entire tract or proposed subdivision.

Lot standard modifications may be made based on the percentage of the Gross Site Area that is accepted as dedicated parkland or open space in addition to the Parkland Dedication generally required by Chapter 6 of this Code.

Open Space Dedications may only be accomplished with a conservation restriction approved by the City in the form of a legal covenant prohibiting future development in a particular area, and separate from any utility easements, drainage easements, right-of-way, or other essential improvements that directly support the associated development.

The total density bonus shall not exceed twenty (20) percent of the allowable density of the underlying zoning district or of the applicable future land use classification in the Comprehensive Plan based on Gross Site Area. (i.e., in a Medium Density District, no more than 4.8 units, or one hundred twenty percent (120%) of 4 units per acre would be allowed).

To calculate the number of permitted units, the City shall consider any environmental, safety, or health constraints that density bonuses may result in. In such cases, dedication of lands would result in a smaller bonus.

The block lengths of either side that are perpendicular to the side not being improved with a public street do not exceed 50% of the block length maximum for the applicable frontage type.

Stub streets are provided to the neighboring tract for future connection.

The neighboring tract is not platted.

The combined floor area of all accessory structures on any residential lot shall not exceed ten percent (10%) of the total lot area.

There shall be not more than one (1) accessory structure used for, or intended to be used for, living quarters on any residential lot.

There shall be not more than two (2) accessory structures located on a single-family residential lot in high density and medium density residential zoning districts[.]

Accessory buildings on residential lots shall meet all front, side, and rear yard setback requirements for primary structures.

Accessory buildings located behind the rear façade of the primary structure may meet the following setback:

Notwithstanding the above, any garage or carport shall be setback a minimum of ten feet (10') from a right-of -way.

The maximum building height shall be thirty-five feet (35') or two and one-half (2.5) stories, whichever is shorter.

Townhouse buildings shall have a minimum of four (4) dwelling units and a maximum of eight (8) dwelling units in a row along a block face.

The first floor of the front façade shall have as a minimum thirty percent (30%) of the surface area constructed in windows, doors, or other opening to facilitate compatibility with single-family uses.

Apartment buildings may reduce such minimum to fifteen percent (15%) of the façade surface area.

Townhouse and apartment buildings shall comply with the buffering requirements in Section 5.11.

Commercial uses may only be integrated with dwelling units on the first floor if the dwelling is occupied by the owner or principal commercial tenant for the building.

Building shall have a separate and direct entry into residential area.

Any large pane display windows on ground floor retail, service, and restaurant uses shall not exceed seventy-five percent (75%) of the ground level façade area. Large panes shall rest on a base of at least eighteen inches (18") at the ground level.

Any building design with multiple storefronts shall be coordinated through the use of architecturally compatible materials, colors, details awnings, signage, and lighting fixtures.

Buildings with long facades shall be massed and articulated by design elements including texture, canopies, transparency, and the vertical expression of structural bays so that the scale of the building does not overwhelm the streetscape as described in Section 5.9(1) [5.8(1)] above.

The building design shall provide differentiation between bottom floor, top floor, and any floors in between.

Buildings shall incorporate horizontal design elements to add interest and reduce the massive scale of the building and to complement the character of adjacent buildings including, for example, building bases, sills, cornices and rooflines.

Site plan review and approval shall be required for all nonresidential and specified residential projects and any planned development district (PD) or special use permit (SUP) public hearings may also be required, as set forth in these regulations.

No building permit shall be issued for any of the above developments in the City limits until a site plan and all other required engineering or construction plans are first approved by the City. No certificate of occupancy shall be issued until all construction and development conforms to the site plan and engineering/construction plans, as approved by the City. The site plan review process shall include three (3) steps:

The cultivation of land for agricultural purposes, fence building or rebuilding.

Street construction and maintenance projects that do not increase the impervious cover beyond that of the original street.

Construction or reconstruction of duplex residential housing and associated buildings, drives, and other appurtenances provided:

Structural repairs or replacements to existing structures.

Construction or reconstruction of barns, silos, livestock pens, sheds, and other agriculturally related structures.

Selective clearing of vegetation performed in conjunction with subdivision development, and in compliance with the permitting and platting requirements of the subdivision ordinance of the City.

Any site fully developed prior to the effective date of this chapter.

Any site for which a permit was issued under a previous version of this Chapter.

Single-family detached residential developments, unless the proposed subdivision will include a private amenity or facility comprised of one or more buildings, such as a private recreation or swimming facility or clubhouse or a golf course. Also, this exemption shall not apply if the proposed subdivision will have private (not public) streets. In these instances, site plan submission and approval are required for the private amenity or facility, the golf course clubhouse/hospitality area, and the gated entrances.

Delivery to all property owners within two hundred feet (200') of the periphery of the land subject to the site development permit application.

Notice on the City’s Website including address, contact information, and the location where the site development permit application may be obtained.

The City Secretary shall schedule consideration of the site plan on the regular agenda of the P&Z, within forty-five (45) days after a complete submission is received. The P&Z shall review the site plan and shall recommend approval, approval subject to certain conditions, or disapproval of the site plan. If the P&Z recommends approval, with or without conditions, of the plan, then it will be forwarded to the City Council for consideration. If the P&Z recommends disapproval of a plan application, the P&Z shall state such disapproval and the reasons thereof.

All applications shall be reviewed by the P&Z under this subsection and then shall be referred to the City Council for approval or denial.

The City Council shall consider an application for a site development permit that involves a variance, PD, or SUP at a public meeting no later than thirty (30) calendar days after the completed application was heard by the P&Z.

The City Council shall make the final decision on ay site plan submission.

A title block within the lower right-hand corner of the plan with the proposed name of the project or subdivision, the name and address of the owner and the land planner, engineer, architect or surveyor responsible for the plan, the scale of the drawing, both written and graphic scale, the date the drawing was prepared, total site acreage, and the location of the property according to the abstract and survey records of the county;

A vicinity or location map that shows the location of the proposed development within the City or its ETJ and in relationship to existing roadways;

The boundary survey limits of the tract and each proposed lot, and scale distances with north clearly indicated;

The existing zoning and existing and proposed uses on adjacent land; the location, width and names of all existing or platted streets or other public ways within or adjacent to the tract; any existing easements, with recording information; existing buildings; railroad rights-of-way; topography with contours at two-foot intervals with existing drainage channels or creeks, including the 100-year floodplain, if applicable; any other important natural features;

The layout and width, including right-of-way lines and curb lines, of existing and proposed thoroughfares, collector streets and intersections, and specific configuration of proposed streets, lots and blocks, proposed driveways, showing driveway widths and distances between driveways, and proposed median openings and left turn lanes on future divided roadways. Existing and planned driveways on the opposite side of divided roadways must also be shown for coordination and sharing of future median openings;

Specific locations and footprints of buildings, including but not limited to proposed nonresidential and residential densities; building heights; square footages, which for multi-tenant or multi-purpose buildings must show square footage for each intended use; massing, orientation, loading and service areas, including proposed screening, recycling containers, compactors and dumpster enclosures, including proposed screening, pedestrian walkways, and parking areas including parking ratio calculations; any proposed sites for parks, schools, public facilities, public or private open space; floodplains and drainageways; all proposed and existing utilities and easements; drainage structures; retention/detention ponds with proposed aesthetic treatments; screening walls; fences; signage; fire lanes and fire hydrants; lighting; visibility easements; and other pertinent development-related features;

A landscape plan showing turf areas, tree types and sizes, screening walls, ornamental plantings, planting schedule, including species, planted height, spacing, container and caliper size, numbers of each plant material, any existing wooded areas, trees to be planted, and irrigation plans, if required; and

Building facade (elevation) plans showing elevations with any wall-mounted signage to be used, as determined appropriate by the Mayor.

That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this article would deprive the applicant of the reasonable use of this land;

That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant;

That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and

That the granting of the variance will not have the effect of preventing the orderly development of other land in the area in accordance with the provisions of this article.

Applicants may mechanically remove brush without material soil surface disruption prior to receiving approval of plats in order to determine the location of roads, lots, utilities and drainage areas with regard to preservation of environmental features. Applicants may exercise this option only by utilizing rubber-tired equipment for brush removal.

Agricultural and farming operations on land subject to the Ag exemption for tax purposes are exempt from the restrictions of this section.

The City of Blanco is situated in the Hill Country of Texas. Landscaping shall be provided to maintain a rural character, provide stability and enhance the visual and aesthetic image of the City of Blanco.

The City Council finds that trees are important public resources that contribute to the unique character of the city and its physical, historical, cultural, aesthetic, ecological and economic environment. Trees reduce the effects of pollutants, provide wildlife habitat, shade and cooling, and add value to real property. It is the goal of the City Council to secure these benefits by maintaining the urban forest canopy over a significant area of the city.

This article is intended to prevent the indiscriminate cutting of trees in advance of development, to require the consideration of trees as a component of site design, and to allow for the commercially reasonable development of private property subject to minimum standards for the preservation and planting of trees. The provisions of this article shall not be construed or applied to preclude development or. Prohibit ingress or egress.

Except as otherwise provided by this section the requirements of this article are applicable throughout the corporate limits of the city and apply to all types of development or development activity by both public and private entities, including but not limited to:

This article does not apply to:

No person may cut down, harvest or remove any protected tree unless authorized to do so under a permit issued as provided by this article. Only the following permits may issue to authorize e removal of a protected tree:

It is an exception to the requirement of this section that the removed tree was a hazard tree and posed an imminent threat to the safety of persons or property so that immediate removal was warranted.

It is an exception to the requirement of this section that the tree was removed from a residential lot by or at the direction of the homeowner residing on the property.

It is an exception to the requirement of this section that the tree removed is a Hackberry, Mesquite or Ash Juniper.

A protected tree removal permit may be issued to authorize the removal of:

A protected tree removed from previously developed property under a permit issued in accordance with this section must be replaced elsewhere upon the property unless the minimum canopy requirements of this article are satisfied without the necessity of replacement.

The director shall prescribe the form of application for a tree removal permit. An application fee in the amount of $100,00 must accompany each application.

The following areas of all nonresidential tracts or parcels are designated tree preservation zones:

Where nonresidential property is developed adjacent to existing one- or two-family residential developments, a preservation zone is required along the common boundary. The preservation zone adjacent to residential development shall be a strip not less that eighteen (18) feet deep running parallel and adjacent to the common boundary and not less than fifteen (15) feet deep behind the back line of any easement or series of abutting parallel easements along the common boundary.

Protected trees located within a preservation zone are subject to mandatory preservation and no permit shall issue to authorize the removal of any healthy protected tree except where the removal is necessary for the construction of infrastructure, driveways or on-premise advertising signs.

All property developed for any purpose must meet the minimum tree canopy requirements of this section. Where the canopy of protected trees in preservation zones on nonresidential property is insufficient to meet the required minimum, then additional canopy shall be provided by new tree planting or the voluntary preservation of protected trees in the interior of the property.

The minimum required tree canopy for nonresidential development is:

The minimum required tree canopy for residential property development is 30% of the gross area of each section of a subdivision developed for residential purposes. Not less than one-third of the required canopy must be provided through preservation of existing trees.

New parking lots shall be effectively buffered from street view. Buffering shall consist of native shrubs planted along each perimeter line of a parking lot which faces a public street, exclusive of driveway entrances and pedestrian walkways.

Native shrubs shall be planted, maintained and replaced as necessary to ensure compliance with the minimum number applicable to each perimeter line based upon the following formula:

Native shrubs in the number required by this section should be placed uniformly to provide substantially the same density of ground cover along the entire perimeter line. Native shrubs shall be maintained at a height of not more than 36 inches or less than 24 inches as measured from the surrounding soil line.

No development may occur unless the site of the proposed work is covered by an approved tree preservation and landscape plan. The location of all proposed buildings and improvements shall be oriented by the applicant at the applicant’s sole discretion, taking into consideration the existing tree stock and other relevant characteristics of the site. The applicant must preserve protected trees within the tree preservation zones and is encouraged to consider the voluntary preservation of trees in other spaces visible from abutting streets and public spaces.

Based on the applicant’s proposed site plan a tree survey will initially be performed by the applicant to document the tree canopy area resulting from preservation of protected trees in preservation zones and other areas that are not disturbed by the applicant’s plan of development. New tree stock shall be planted where the required minimum canopy is not met through preservation alone. Preservation credits shall be calculated prior to calculating the canopy area to be supplemented by new tree stock.

Each tree survey shall be performed by the applicant and the results submitted on a scaled diagram of the property. The diagram shall be at a scale of not less than one inch to one hundred feet and may be an engineered drawing, survey, aerial photograph or other accurate illustration of the existing conditions which includes the following information:

Each protected tree that is individually located by the survey will be tagged with a blue sequentially numbered aluminum tag and flagged with blue plastic flagging. The tree survey submittals must include a table cross referenced to the diagram with the identification number, species, DBH and canopy area of each such tree. The table must note each protected tree for which heritage credits will be claimed. Only healthy trees will receive canopy credits.

The tree survey must be accompanied by a reasonably current aerial photograph reflecting the pre-development condition of the property.

Tree stand delineation is the required method of canopy measurement for trees within a woodland tree stand. The canopy area of a woodland tree stand is the area within a perimeter that contains all trees in the tree stand. The tree stand area may be surveyed on the ground or estimated from an aerial photograph depicting existing conditions. The city registered urban forest professional that performs the tree survey must verify the character of the tree stand through an on the ground inspection.

Individual protected trees not located within a woodland tree stand are classified by trunk size (DBH) and receive the canopy area credit applicable to their size classification as provided in Table I. Only healthy trees of a species on the Texas Forest Service list of native and naturalized trees of Texas, excluding those classified as shrubs, may receive preservation credits.

Only trees of the preferred species listed in Table II of this section are considered acceptable for new and replacement tree planting. Additional tree species may be considered and approved on a case by case basis by the director and such trees will receive the canopy credit applicable to the species height class. New trees must be a minimum of three inches in caliper at planting and receive the canopy credit listed in Table II. Each new tree must be planted in a previous [pervious] area containing not less than 162 square feet per tree.

Not less than fifty percent (50%) of the new trees planted shall be evergreen and not more than seventy-five percent (75%) may be of the large tree category.

Only small trees may be planted under or near overhead power lines. Large species trees may not be planted within thirty feet (30') of overhead power lines. Medium species trees may not be planted within twenty feet (20') of overhead power lines.

Woodland tree stand areas with preserved understory shall be entitled to a canopy credit for understory preservation that is equal to one-half of the understory area.

For purposes of achieving the required minimum coverage, the canopy attributable to woodland tree stands and preserved trees shall be determined first, then adjusted based on any credits applicable under this article. New planting shall be used to supplement the preserved canopy to achieve the required minimum. Trees preserved or planted to meet the parking lot requirement of section 5.11-12 will be fully credited towards the required canopy.

The tree preservation and landscape plan shall be a scaled diagram overlaying the approved tree survey and drawn to the same scale. Two copies of the plan shall be provided. The landscape plan shall be a plat plan which shows the proposed development including all necessary calculations, specifications and details necessary for preservations of existing trees during construction and for the installation of any new trees or other required landscape improvements required by this article. The landscape plan must be prepared, signed, and sealed by a licensed landscape architect. The tree preservation and landscape plan must show the following:

The landscape and tree preservation plan must include or be accompanied by an irrigation plan designed and sealed by an irrigator licensed by the State of Texas. No irrigation shall be required for undisturbed natural areas or for existing trees to be preserved.

Where supplemental tree planting is required priority shall be given to planting within preservation zones adjacent to streets and other areas visible from public places. Trees may be planted or preserved within storm water detention areas provided that the trees do not interfere with the drainage or substantially impair the storm water detention function.

A tree preservation and landscape plan may only be approved in conjunction with the approval or issuance of a subdivision plat, building permit or other form of development permit. Compliance with the tree preservation and landscape plan is a condition of the development permit and no certificate of occupancy or certificate of acceptance for subdivision improvements may be issued until the director confirms that the development has been completed in conformity with the tree preservation and landscape plan.

The City Council recognizes that in certain instances the goal of this article must be balanced against potentially conflicting objectives arising from other development regulations. The director may modify or waive the application of development standards as provided in this section when the director determines that the modification will facilitate the tree preservation requirement of this article and will not substantially increase the risk of unsafe traffic conditions or congestion, inconvenience to pedestrians, or flooding.

Up to fifteen percent (15%) of required parking spaces may be waived if compliance with the canopy requirements cannot otherwise be achieved through preservation and if the reduction in parking area results in an equivalent increase in the area of preserved canopy.

Sidewalks may be relocated, reduced in width or otherwise modified, where the application of sidewalk standards would otherwise conflict with tree preservation and canopy objectives.

The director may consider the effect on site drainage of low impact development strategies incorporating tree preservation and tree planting and, guided by generally accepted engineering standards and practices, may approve offsetting reductions to the size of onsite storm water detention facilities.

Not more than thirty percent (30%) of the area within the critical root zone of a protected tree may be encroached with temporary or permanent improvements and the remaining area shall be kept free of improvements and be protected during construction. Prior to development activities the contractor shall construct a protective fence which encircles the critical root zone area to be preserved around each protected tree or tree stand. Protective fencing must at a minimum consist of four (4) feet high orange plastic mesh net with t-posts, including a top rail or other type of support. Protective fencing shall remain in place through the completion of development activities.

The following activities within the critical root zone are prohibited:

Utility installation through a critical root zone may be accomplished by boring where it is not possible to trench around the critical root zone of a protected tree. When necessary the bore shall be at a minimum depth of forty-eight (48) inches under the entire length of the zone. Irrigation trenching within a critical root zone shall be minimized and placed radially to the tree trunk in a manner that minimizes damage to the roots.

All irrigation trenching within the critical root zone shall be by hand work with no roots over one-inch diameter being cut.

Protected trees, parking lot trees and shrubs, and replacement or mitigation trees must be maintained in a healthy condition for at least thirty-six (36) months following the issue of a certificate of occupancy. The property owner is responsible for irrigating, fertilizing, pruning and other maintenance of such trees and shrubs as needed. Preserved or planted trees that die within the maintenance period must be replaced within 90 days with new trees meeting the requirements of Section 5.11-17. Planted trees that die during the maintenance period must be replaced on a one to one basis. Preserved trees that die during the maintenance period must be replaced with new trees having a total canopy value that is not less than the canopy of the tree to be replaced. Replacement trees and shrubs planted to satisfy the requirements of this section are subject to a one-year maintenance period and must be replaced if they fail to survive the extended maintenance period.

Understory preserved for canopy credits may not be removed during the maintenance period unless the removal is mitigated by planting new trees with an equivalent canopy area. Understory removal must be accomplished in a manner that avoids damage to protected trees. Acceptable techniques for understory removal include the use of hand tools, hydro axe or hydro chippers.

Each building permit for a new one- or two-family dwelling shall require the preservation or planting of at least three trees. At least one such tree must be located in the front yard of the dwelling and must have a minimum caliper of four inches. The two remaining trees must have a, minimum caliper of three inches and may be placed in either the front or rear of the lot. The trees must be one of the preferred species suitable for residential development listed in Section 5.11-17. No certificate of occupancy shall issue for any new one- or two-family dwelling until this requirement has been satisfied.

A canopy credit of 1800 square feet per lot shall be applied toward the total canopy requirement applicable to the subdivision section without requiring a survey of the trees located oil each lot. Additional canopy credit for on lot preservation shall not be allowed unless the total on lot canopy exceeds 1800 square feet due to the preservation of healthy protected trees having a minimum diameter at breast height of six inches and the protected trees are included in the tree survey and shown on the landscape and tree preservation plan. Protected trees that are preserved for additional on lot credit must be protected from removal by a preservation easement.

Where canopy credit in excess of that allowed under (b) of this section is required to achieve the required minimum, then off lot preservation and planting within the same subdivision section shall be require d. Proposed preservation areas should, to the extent practical, be evenly distributed throughout the subdivision.

Urban forest professionals wishing to perform tree surveys in accordance with this article must register with the City of Blanco. The director shall review the applicant’s credentials and either approve or deny the registration.

Each applicant must complete a registration application. The application shall be submitted to the director for review, accompanied by the fee of $100.00. Each applicant must successfully show proof of the following:

Within thirty (30) working days of receipt of a completed registration application, the director shall either approve or deny the registration. An approved registration shall be valid for an indefinite term unless suspended or revoked by the director. A registration shall automatically be suspended if the registrant fails to maintain the minimum liability insurance required by this section. A registration may be revoked if the registrant commits and is convicted of a felony offense; the registrant is found to have falsified any information that was submitted to the city for review; the registrant is found to be incapable of performing/creating the tree survey required by this article. A minimum of fifteen (15) working days prior to revocation of a registration, the director shall inform the registrant in writing stating the reason for the revocation. Any appeal to the director’s decision shall be made to planning commission.

The director may grant a variance to the requirements of this article where literal enforcement will result in unnecessary hardship. No variance may be granted unless:

All variance requests must be made in writing to the director and must include the subject of the requested variance and the justification for granting the variance, including a description of the hardship condition that will result if the requested relief is not granted. The applicant has the burden of demonstrating that sufficient evidence exists for granting the variance. The director may deny or grant the variance as requested or may allow an alternate form of relief. The director shall issue a decision in writing not later than thirty (30) days following the date the variance request is received.

An applicant seeking approval for the development of a tract of land that is two (2) acres in size or less shall, as a matter of right, be entitled to a variance relieving the applicant of the preservation requirements of this article. Tract size shall be determined by considering all contiguous property under common ownership. An applicant entitled to a variance of the preservation requirement may be required to comply with the minimum canopy standard through any combination of new tree planting or mitigation payments.

An applicant who disputes the decision of the director may appeal the variance decision to the municipal planning commission. Any appeal must be made in writing and must be filed with the director within ten (10) days following the date of the initial written decision. The director shall refer the appeal to the planning commission and the decision of the planning commission shall be final.

An applicant may see k a variance as to all or a portion of the tree preservation or planting requirements upon the condition that the applicant pay mitigation fees-in-lieu of preservation or planting. An applicant for a variance bears the burden of demonstrating that application of the preservation or planting requirement will result in unnecessary hardship.

Mitigation fees authorized by this section shall be payable at the rate of $1.50 per square foot of additional canopy necessary to achieve the coverage applicable to the property after allowance for all other credits.

The director of finance shall establish a dedicated account to be known as the Tree Mitigation Fun d. Mitigation fees paid as provided by section 5.11-32 of this article shall be recorded for the benefit of the fund and accounted for in a manner that distinguishes such funds from other general funds of the city. The balance of such fund remaining at the end of each fiscal year shall be appropriated as the beginning balance of the fund for the following fiscal year. The assets of the fund may be used as provided by this section, and for no other purpose.

The assets of the fund shall be expended under the direction of the director of parks and recreation and may be used to purchase and plant new trees in the public parks, parkways, medians and rights-of-way of public streets and upon the grounds of other public property of the city. Planting costs payable from the fund include the installation of related irrigation equipment and other measures necessary to the protection and subsequent maintenance of new trees for a period of up to three years following planting. An amount not to exceed 20% of the fund balance at the beginning of each fiscal year may be expended to promote public awareness of the objectives of this article, including Earth Day or Arbor Day programs for the distribution of sapling trees to the general public.

Any person, firm or corporation who violates a provision of this article shall be guilty of a misdemeanor and upon conviction thereof may be fined in any amount not exceeding five hundred dollars ($500). In cases of offences involving the illegal removal of trees, the removal [of] each tree constitutes a separate offense. In cases of continuing violation, each separate day that a violation continues constitutes a separate offense.

Any person, firm or corporation who removes a protected tree without having secured a permit to authorize such removal shall be subject to a civil penalty in the amount of two hundred dollars ($200) times the total diameter inches of all unlawfully removed protected trees. The civil penalty authorized by this paragraph may be imposed by the director in addition to the misdemeanor penalty in paragraph (a) of this section. The imposition of a civil penalty may be appealed to the municipal planning commission. Any appeal must be made in writing and must be filed with the director within ten (10) days following the date of the initial written decision. The director shall refer the appeal to the planning commission and the decision of the planning commission shall be final.

Where illegal tree removal has occurred, and the physical evidence has been removed from the site the civil penalty may be assessed based on the estimated diameter of removed trees. For purposes of such estimation the aggregate diameter of trees per acre is assumed to be 200 diameter inches per acre.

The imposition of the civil penalty under this section suspends all permits or permit applications issued to or for the benefit of the party responsible for payment of the civil penalty and all work under any such permits shall cease until the civil penalty is fully paid.

The purpose of the oak wilt prevention ordinance is to identify measures that city staff, hired contractors and their sub-contractors and property owners who remove, or trim trees shall take to prevent the spread of oak wilt.

Oak wilt disease is a tree disease caused by the fungus, Ceratocystis fagacearum. The fungus infects the vascular system of a tree. The vascular system contains vessels which transport moisture throughout the tree. The vessels of an infected tree effectively become blocked by the infection of the fungus and cannot transport adequate moisture to sustain a healthy or living tree and the end result is often the death of the tree.

Voluntary compliance with the requirements of this Section is encouraged for improvements and developments within the City's ETJ in order to preclude light trespass from the ETJ into the City Limits, to prevent light pollution and skyglow above the City, and to preserve the rural and historic character of the City and its environs.

Nothing herein shall be construed as preventing or limiting the City from applying this Section to the ETJ through agreements with property owners, or as a term affixed to a conditional approval (such as a variance).

In accordance with the authority granted the City under Texas Local Government Code Sections 216.902(a), Regulation of Outdoor Signs in Municipality's Extraterritorial Jurisdiction, compliance with the requirements of this Section in the ETJ is mandatory in regard to lighting of signage.

In order to ensure compliance with this Section, a description of all external and internal lighting of signage in the ETJ, to include specification sheets and an attestation by the builder and/or owner that lighting of the sign will be in compliance with the requirements of this Section, shall be included with the applications for all signage permits in the ETJ. Specification sheets for signage lighting shall include, at a minimum: the manufacturer, model number, and number of lumens produced by each fixture, and the Kelvin temperature of the light produced.

By the authority granted the City under Texas Local Government Code Section 43.002(c)(4), all outdoor lighting that is not in conformance with this Section on property in the City's ETJ that is subsequently brought into the City Limits after October 18, 2018 shall be brought into conformance with this Section within two (2) years of the effective date of the annexation. Nothing in this subsection may be construed as to allow light trespass or any other form of nuisance from outdoor lighting. A new purchaser of property may request a two (2)-year extension to come into compliance if the property was purchased within two (2) years of October 18, 2018. This subsection shall apply to all Nonresidential and residential properties annexed into the city limits per the terms of this subsection.

If, in accordance with the Texas Local Government Code Section 44.022(a), the City expands its ETJ as the result of annexation or, in accordance with the Texas Local Government Code Section 44.022(b), the ETJ is expanded through the voluntary request of property owners in the ETJ after October 18, 2018, all applicable provisions of this Section shall apply to the new area of the expanded ETJ upon the effective date of the expansion of the ETJ.

The source of the light (the bulb, light emitting diode, or any other light emitting device), a refractive or nonrefractive lens cover, or reflector shall not be visible in a direct line of sight from any other property or public right of way.

Residential porchlights and wall sconces may be unshielded and light from such fixture may be visible from beyond the property line provided the fixture has a medium to dark toned, semi-opaque diffuser installed to reduce glare or the fixture has a flat-bottomed LED light emitter or other flat-bottomed light source that prevents light from shining off the property or upward into the night sky. In no case shall the bulb, other luminous element, reflective surface, or lens cover be visible from off the property.

To prevent over-lighting, total outdoor light output on any Nonresidential property shall not exceed 100,000 initial lumens per net acre in any contiguous illuminated area. This lumen per net acre limitation is an upper limit, not a design goal. Illumination design should be at the lowest levels that meet the reasonable requirements of the task. Governmental-owned street lights used for illumination of public rights-of-way and lights that are installed indoors but shine outside the building are exempt from the lumen cap requirement.

Total outdoor light output (excluding governmental-owned street lights used for illumination of public rights-of-way) on any residential property shall not exceed 25,000 lumens per net acre in any contiguous illuminated area.

The owner of the property or his or her designated agent shall be responsible for calculating the total number of lumens per net acre on the property and for informing the City of the methodology used in the calculations. The City shall determine if the calculations are reasonable. In the event of disagreement, the owner of the property may hire a professional lighting consultant to substantiate the actual number of lumens per net acre. The City must agree that the individual or firm hired is, indeed, capable of making a professional evaluation.

Lighting for playing fields, playing courts, swimming pools, skateboard parks, rodeo arenas, and similar recreational facilities, whether public or private, are exempt from the lumens per net acre limit. However, all such facilities whether public or private shall comply with the requirements of State of Texas Health and Safety Code in regard to design and shielding requirements for outdoor lighting on any facility constructed in whole or in part with State funds which, in general, requires full cut-off fixtures.

Internally-illuminated panels such as are commonly seen on the sides of service station canopies, for purposes of this Section, shall be considered signage. Such panels shall be allowed and may be unshielded provided the intensity of the illumination does not cause glare for motorists, bicyclists, or pedestrians. Panels shall not be of a color that is white, off-white, pale yellow, or other pale, light hued color. The total lumens emitted by the panels shall count against the allowed lumens per net acre cap for the property.

Illumination of all on-premises outdoor advertising signage, both externally and internally-illuminated, shall be turned off by the later of closing time or 10:00 pm, provided, however, that such signs may be turned back on prior to sunrise, but no more than one hour prior to opening.

Because it is virtually impossible to shield, the City discourages the use of neon lighting or lighting produced by other gases in similar tubes or lighting that is similar in effect such as LEDs in an elongated plastic tube or covering. However, such lighting is permitted provided it otherwise conforms to the City's signage ordinance.

Neon lighting or its equivalent in colors of white, pale yellow, or similar pale, light hued color is prohibited.

All fixtures using neon lighting or its equivalent shall be of an intensity that will minimize glare for motorists, bicyclists, or pedestrians; and, to the greatest extent possible, shall be mounted in such a way as to limit light from trespassing off the property or from escaping above the horizontal plane to pollute the night sky.

The lumens produced by neon lighting shall count towards the total lumen cap for the property.

Because of their common proximity to public rights-of-way, lighting of canopies typical of service stations and drive-through facilities may produce light emissions that trespasses onto public rights-of-way provided that no light is allowed to escape above the horizontal plane to pollute the night sky and that glare for motorists, bicyclists, and pedestrians is minimized. Light trespass onto private property is prohibited.

It is strongly encouraged that all such canopy lighting fixtures be embedded within the canopy itself with no need of further shielding.

Canopy lighting shall be of an intensity that provides safe and efficient use of the facility but shall not be so bright as to cause glare to the extent that it is a safety hazard for passing motorists, bicyclists, or pedestrians.

All canopy lighting shall have a Correlated Color Temperature of 3000 degrees Kelvin or less.

Over-lighting of canopy areas for purposes of advertising is specifically prohibited.

New streetlights installed on City rights-of-way or Texas Department of Transportation rights-of-way in the city limits shall be full cut-off fixtures and designed, mounted, and/or shielded so as to direct the light onto the public right-of-way and not onto private property or onto the property of Blanco State Park.

New City-owned street lighting installed after October 18, 2018, other than streetlights at the intersection of roadways, to the greatest extent possible, shall utilize adaptive controls such as half-night photocells or timers to turn the streetlights off halfway between dusk and dawn or timers that reduce or eliminate light emitted after a set time. Emerging technology such as passive infrared sensors that permit streetlights to be off except when movement is detected in the area is encouraged.

To the extent government-owned streetlights are repaired or replaced with LED or other light emitting elements, the light produced by the LEDs or other element shall not exceed 2700 degrees Kelvin.

Notwithstanding other provisions of this Section, existing City-owned streetlights or streetlights owned by other entities but installed on City rights-of-way or Texas Department of Transportation rights-of-way in the city limits shall be brought into compliance in the normal course of streetlight repair and replacement.

Lighting for all playing fields, playing courts, swimming pools, skateboard parks, rodeo arenas, and similar recreational facilities, installed or replaced on public or private property after October 18, 2018 shall be in compliance with the requirements of the State of Texas Health and Safety Code in regard to design and shielding requirements for outdoor lighting on any facility constructed in whole or in part constructed with State funds. Such lighting shall utilize full cut-off fixtures and be aimed directly at the playing surface in such a manner as to minimize glare, limit light trespass off the property, and prevent light from being emitted above the horizontal plane to pollute the night sky.

Lighting of outdoor recreational facilities owned or operated by a governmental entity, or a nonprofit association or organization are exempt from Correlated Color Temperature requirements. However, the City encourages such lighting to be 2700 degrees Kelvin or less if at all consistent with the requirements of the recreational facility.

Lighting for outdoor recreational facilities on public or private property is prohibited after 10:00 p.m. unless such lighting is needed to complete a specific activity or event, organized by a City-recognized entity, already in progress that began before 9:00 p.m.

Direct light emissions, not to exceed approximately ten percent (10%) of total light emissions for each fixture, may extend above the roofline or beyond a building's edge provided no more than 1800 lumens are directed at any one side of the structure.

All accent lighting shall be shielded so as to curtail glare for passing motorists, bicyclists, or pedestrians and prevent light trespass off property.

The year-round use of string lights or rope lights for illumination or decoration is discouraged but not prohibited.

Clear or colored string lights or rope lights or other similar illumination displays are permitted provided the intensity is such as to preclude excessive glare for motorists, bicyclists, pedestrians, or neighbors.

Festoon or bistro-type string lights, either clear or colored, used as outdoor illumination or decoration may be unshielded provided, they comply with the following requirements:

The City encourages the custom of displaying and lighting patriotic or commemorative flags on stationary flagstaffs or as may otherwise be mounted.

Upward lighting of up to three (3) flagpoles per property, irrespective of the type of flag, is permitted provided a shielded spotlight is used for each.

Light trespass and glare is sufficiently intense or contrasts excessively with surrounding illumination, regardless of the intensity of the surrounding illumination, in a manner to cause impairment of visual performance or to distract from or impair the safe operation of a vehicle; or

Light trespass or glare exists that impairs a person's visual performance or ability to avoid obstacles in his or her path.

Light escapes above the horizontal plane to pollute the night sky enjoyed by all citizens or visitors; or

Glare onto public rights-of-way or public spaces such as parks is of sufficient intensity as to be annoying to or impair the visual acuity of a person of average sensibilities using the right-of-way.

Light trespass or glare exists that deprives an owner or occupant of usual and reasonable use and enjoyment of a private property; or

Light trespass or glare exists that causes visual discomfort or impairment of visual performance in a manner that deprives any citizen of average sensibilities from the safe use of a private property.

Injunctive relief,

Monetary damages, and

Other relief as directed by a court with jurisdiction over the matter.

The location of all existing and proposed light fixtures (may be included on site plan).

A lumen calculation sheet to determine lumens per net acre. It must include the square footage of the total area to be illuminated, the light fixture catalog descriptions or ordering number, lamp types (i.e., incandescent, low pressure sodium, compact fluorescent, LED, etc.), the Kelvin rating for the lamp, the B-U-G rating for the selected fixture (if available); the number of fixtures or lamps (use the same unit corresponding to the unit used to determine how many lumens are produced), fixture or lamp initial lumens, the location from the edge of a canopy (if applicable), and mounting height of all existing and proposed lamps.

Manufacturer's specification sheets for all existing and proposed light fixtures.

Elevations with notes where light fixtures are to be installed indoors which may be seen from the exterior.

Site plan with specific measurements in feet for the area to be illuminated. A scale notation is not sufficient.

Acknowledgement that the applicant has received notification of the provisions of this Section.

The City Community Compliance Officer or other individual designated by the Mayor shall review all building permits to ensure compliance with this Section.

Verification that a residential or Nonresidential building project requiring a building permit application has complied with the provisions of this Section shall occur during the final electrical inspection by the City's designated Building Inspector and verified by the City's Community Compliance Officer or other individual designated by the Mayor.

Upon receipt of residential building permit applications, city staff shall provide the homebuilder and/or applicant with educational materials about this Section including a copy of this Section. The City's submission of educational materials shall be prima facie evidence that the applicant has received notification of the provisions of this Section.

Extrajudicial enforcement of this ordinance is preferred. Collaboration with the owners of noncompliant outdoor lighting is encouraged to rectify violations and obviate the need for citations and other actions by the City.

The Mayor is authorized to direct the issue of a temporary Special Use Permit waiving provisions of this Section within the parameters specified below.

In considering requests for variance, the Planning and Zoning Commission and the Mayor and City Council shall consider the following criteria: