The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Berm means an earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise.

Building site means the total area that is owned by the developer and proposed to be improved, including easements, but not rights-of-way.

Caliper means the diameter of a tree at six inches above natural grade.

Dripline means the vertical line extending from the outermost portion of the tree canopy to the ground.

Ground cover means low growing plants in such a manner as to form a continuous cover over the ground, normally reaching an average maximum height of not more than 24 inches at maturity. Grass is not classified as a ground cover for purposes of this article.

Historic tree means any protected tree having a trunk circumference of 60 inches or more measured at 4.5 feet above natural grade.

Nonresidential means Triplex/Quadruplex (M-1), Multi-Family (M-2), Planned Development (PD) where site plan indicates nonresidential uses, Neighborhood Services (NS), Office (O), General Retail (GR), Light Industrial (LI) or Heavy Industrial (HI), and any other nonresidential zoning district as may be created hereafter.

Parking, interior, means parking rows which are not located on the periphery of the proposed project site and do not abut any property line associated with the site.

Parking rows means single or double rows. Double rows are face to face parallel rows of spaces for the parking of motor vehicles.

Protected tree means any tree, regardless of species, having a trunk circumference of 24 inches, or caliper of greater than eight inches, measured at four feet above natural grade.

Residential means Single-Family Residential (R-1), Duplex Residential (R-2), Manufactured Housing/Mobile Home Residential (MH) and Planned Development (if site plan shows only residential uses).

Tree means any self-supporting woody plant of a species which normally grows to an overall height of a minimum of 15 feet in the Lower Rio Grande Valley.

Tree removal means any act which may reasonably be expected to cause a protected tree to decline and die, including, but not limited to:

(1)

Severing the trunk.

(2)

Excessive pruning or mechanical damage to the trunk or branching system, bark or cambium layer.

(3)

Damage to the root system by machinery or soil compaction.

(4)

Substantial change of natural surface grade or drainage pattern within the dripline.

(5)

Excessive paving with impervious materials within the dripline.

(6)

Direct or indirect application of toxic chemical, fire, or other damaging substance to tree or root system.

Wheel or curb stops means permanently secured, durable devices designed to restrict vehicular encroachment.

Xeriscape means landscaping by use of plants structurally adapted for life and growth with a limited water supply; commonly referred to as "drought resistant."

(Code 1997, § 159.087; Ord. No. 01-50, 6-20-2001; Ord. No. 11-63, § I, 12-27-2011)

(a)

It is the intent of this section to establish minimum standards for the provision, installation, protection and maintenance of landscape materials in new nonresidential developments in order to promote the orderly, safe and environmentally sound development of land located within the corporate limits thereby promoting the health, safety and general welfare of the community. It is also aimed at achieving goals and objectives in the comprehensive plan.

(b)

The regulations contained herein are necessary to enhance the community's aesthetic, environmental and economic structures. The importance of preserving and improving the natural environment and maintaining a working ecological balance is of increasing concern. The use of landscape elements can effectively contribute to the processes of air purification, oxygen regeneration, water absorption and noise, glare and heat abatement, as well as the preservation of the community's aesthetic qualities.

(c)

It is also recognized that it is possible to realize numerous beneficial effects of landscaping, including the following:

(1)

Landscaping can minimize demands on the city storm sewer system by preserving natural drainage.

(2)

The improvement of air and water quality is achieved through such natural processes as photosynthesis and mineral uptake.

(3)

The use of trees and other plants reduces erosion by the binding of soil particles with their roots, thus holding the soil together against the effects of wind and water.

(4)

Vegetation reduces and/or reverses air, noise, heat and chemical pollution through the biological filtering capacities of trees and other vegetation.

(5)

Landscaping reduces hot air temperatures caused by paved surfaces and automobiles through the process of transpiration associated with green material. Vegetation also helps promote energy conservation through the creation of shade, reducing heat gain in, or on, buildings and paved areas.

(6)

Landscaping provides visual buffering and beautifies the appearance of setback and parking areas within the city.

(7)

The use of landscaping also enhances the safety of parking lots by guiding the circulation of cars and people and by ensuring that the driver's vision is unobstructed.

(8)

Preservation of landscaping protects, preserves and increases the value of property.

(9)

The use of landscaping helps create natural habitat that supports eco-tourism.

(Code 1997, § 159.085; Ord. No. 01-50, 6-20-2001; Ord. No. 11-63, § I, 12-27-2011)

(a)

This section shall apply to all new development or redevelopment of nonresidential land uses in nonresidential zones. Nonresidential zones shall include Multifamily Triplex/Quadruplex (M-1), Multi-Family (M-2), Planned Development (PD) if the site plan indicates nonresidential uses, Neighborhood Services (N), Office (O), General Retail (GR), Light Industrial (LI), Heavy Industrial (HI), and any other zones created in the future that are nonresidential.

(b)

All developed property in such districts which do not comply with the provisions of this section on the effective date of the ordinance from which this section is derived shall be considered nonconforming and shall be allowed to continue to operate until such time as a building permit is sought to reconstruct or enlarge a structure on such property to an extent exceeding 60 percent of the current replacement cost of such structure. At that time, the provisions of this section shall apply, and said areas shall be brought into compliance. Such structures may be exempt when remodeling, if the exterior walls of the building remain the same.

(c)

Any nonresidential property on which one or more protected trees (as defined below) are located shall be subject to a tree removal permit prior to removal of such tree whether or not a building permit is being sought.

(Code 1997, § 159.086; Ord. No. 01-50, 6-20-2001; Ord. No. 11-63, § I, 12-27-2011)

All landscaping shall be done with healthy plants and installed according to accepted good planting procedures. Landscaped areas shall be planned with consideration for the protection of plants from vehicular encroachment.

(1)

Landscape plan. Landscaped areas shall be planned as an integral part of a development project. A landscape plan shall be submitted with building permit application. Said plan will need to indicate the following elements:

a.

Lot boundary lines and accurate dimensions.

b.

Total area of the lot and computation of required landscaped areas including number of required trees.

c.

Clearly delineate any existing trees to remain indicating caliper for full credit, any protected trees and all proposed landscape development.

d.

Clearly delineate proposed water sources and distance from landscaped areas.

e.

Detailed drawing of the existing and/or proposed off-street parking and other paved areas.

f.

The location and dimensions of any existing and/or proposed buildings.

(2)

Landscape area requirements. Landscaping shall be generally provided as follows:

a.

Commercial areas:

1.

Ten percent of gross building site area.

2.

At least 70 percent of the landscaping requirement shall be located in the front or side yards of the site. (Exception: in the downtown improvement district, developers are encouraged to place buildings at the front property line to enhance pedestrian flow. Therefore, in these districts all plant materials will be allowed in the side or rear yard.)

b.

Multifamily areas: 15 percent of gross building site.

c.

Planned developments: The landscaping required by this article may be modified during the site plan review process for areas zoned planned development district according to specific design constraints of the site; provided, however, that the general spirit and intent of these regulations be observed.

d.

Right-of-way: Remaining road rights-of-way may be landscaped for a credit not to exceed 25 percent of the right-of-way area landscaped. Said credit will be applied toward the total required site landscaping.

(3)

Plant materials.

a.

Plant materials used in conformance with provisions of this article may include, but are not limited to, the following: grass, shrubs, vines, hedges and trees. However, at no time can grass be used solely to meet the landscape requirements. Please see the list of suggested plant materials in section 111-248 and/or brochure available regarding selecting and planting native plants.

b.

Trees required:

1.

When the landscape area requirement is one to 2,000 square feet, a minimum of one tree for every 400 square feet of landscaped development shall be required.

2.

When the landscape area requirement is 2,001 to 10,000 square feet, a minimum of one tree for every 600 square feet of landscape development shall be required, but not less than five.

3.

When the landscape area requirement is 10,001 or greater square feet, a minimum of one tree for every 800 square feet of landscape development shall be required, but not less than 17.

4.

All partial tree calculations shall be rounded up to the next highest whole tree.

5.

Trees must be a minimum of two inches caliper.

6.

Trees that are newly planted in excess of the above schedule shall receive credit against the remaining landscape area requirements according to the following schedule, but in no case shall the credit for trees exceed 50 percent of the landscape area requirements.

c.

New or existing trees above the number required shall receive credit as follows:

1.

Each tree greater than 12 inches in caliper shall receive a credit of 300 square feet that may be deducted from the total landscaping requirement.

2.

Each tree greater than six inches but less than 12 inches in caliper shall receive a credit of 200 square feet that may be deducted from the total landscaping requirement.

3.

Each tree greater than three inches but less than six inches in caliper shall receive a credit of 100 square feet that may be deducted from the total landscaping requirement.

4.

To receive credit for a tree smaller than three inches in caliper, it must be a minimum of six feet in height when measured immediately after planting and will be given a credit of 75 square feet. It must be a true tree species (not a Bougainvillea or other similar shrub/vine).

5.

In the case of existing palm trees, the required measurement shall be six feet from the ground level to the base of the palm fronds. New palm trees planted to meet tree requirements will require two palms tree for each tree required.

6.

In order to encourage preservation of trees that are already established, an additional credit of 50 square feet shall be given for the preservation of existing trees that are at least six feet in height measured from the ground level. This would be in addition to the credit received for the tree itself.

7.

The non-paved planting area around the base of each tree should be no less than four feet by four feet.

d.

Existing trees to remain on-site shall be protected from compaction and root damage during construction.

e.

Shrubs should be a minimum of one-gallon plantings.

f.

Ground covers should be planted in a manner as to present a finished appearance and reasonably complete within one year after planting.

g.

Landscaping shall not obstruct the view from any driveway approach, nor shall any landscaping which creates an obstruction of view be located in the radius of any curb return as indicated on the approved construction plan.

h.

Plant materials located within the site triangle, as illustrated in section 111-581, may only be grass maintained at a height not to exceed 12 inches, or ground cover material maintained at a height not to exceed 24 inches.

i.

Synthetic lawns or plants or other artificial landscape material will not be allowed to substitute for plant requirements of this section.

(4)

Watering requirements.

a.

All landscaped areas must be:

1.

Watered by an underground sprinkler or drip system installed by a Texas registered irrigation specialist; or

2.

Must be located within 100 feet of a water source (i.e., hose bib) if to be manually watered.

Watering facilities are not required for maintenance of undisturbed existing vegetation and trees.

b.

Watering system guidelines.

1.

Watering hoses must not cross vehicular or pedestrian travel areas during business hours.

2.

All watering devices shall have adequate backflow prevention devices.

3.

Irrigation systems should be designed to account for high-water-demand areas separate from other reduced-water-demand areas.

4.

Care should be taken in the irrigation system design so that, to the greatest extent practical, water being applied to impervious areas is eliminated. Low-trajectory-spray nozzles are encouraged in order to reduce the effect of wind velocity on the spray system. Moisture-sensing devices are encouraged.

5.

Whenever possible, automatic irrigation systems should be operated between the hours of midnight and 6:00 a.m. to reduce fungus growth and loss of water due to evaporation.

(5)

Public landscaping controls.

a.

All city, county, state, and federal development programs must be in compliance with the established city landscape ordinance.

b.

All city development projects shall have written into every contract or subcontract stipulations that the landscaping requirements will be met including protection of trees that are greater than eight-inch caliper or 24-inch diameter.

(6)

Miscellaneous provisions.

a.

Screening requirements in lieu of dividing fence. All plants used for landscape screens shall be planted in a dense pattern and shall, upon reaching maturity, be not less than six feet in height. Landscape screening shall be installed at the same time as the building construction. Trees or shrubs, if used for such screening, shall be considered as a part of the overall landscaping requirement.

b.

In a residential zone, landscaping materials used as a hedge or screen must be maintained at a height not to exceed 40 inches when located in the front yard forward of the front most element of the house.

c.

A qualified representative of the department of planning and development will inspect all landscaping and no permanent certificate of occupancy and use or similar authorization will be issued unless the landscaping meets the requirements provided herein. The chief building official or director of planning and development may allow occupancy provided a contract to complete landscaping is provided and if there are some special circumstance why the landscaping cannot be provided at the time of final inspection.

(Code 1997, § 159.088; Ord. No. 01-50, 6-20-2001; Ord. No. 09-08, 4-1-2009; Ord. No. 11-63, § I, 12-27-2011)

The owner of a site, or his agent or tenant, shall be responsible for the maintenance of all landscaping. Plants shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse, debris and weeds. Any plant used for credit must be replaced within six months or one growing season in case of plant death, freeze or other damage. Plants that have died must be removed within 30 days.

(Code 1997, § 159.089; Ord. No. 01-50, 6-20-2001; Ord. No. 11-63, § I, 12-27-2011)

(a)

Any tree measuring 24 inches or more in circumference or with a caliper of eight inches or more will be considered a protected tree and may not be removed unless one of the following mitigation conditions is met:

(1)

Build around the tree and receive a landscaping credit of 200 square feet, to offset other landscaping requirements for each protected tree left on the property.

(2)

Transplant the protected tree to another part of the property; or, if that is not feasible.

(3)

Cut down the tree and plant two trees of at least four inches caliper (or four trees of at least two-inch caliper) for each tree removed either on the subject property or on public property.

Such trees shall be identified on the landscape plan submitted for approval under general requirements.

(b)

Tree removal permits without building permits.

(1)

Any person who wishes to remove any protected trees on a site in a nonresidential zone for which a building permit is not required shall submit a tree-removal permit application to the department of planning and development at least five working days before such removal and shall comply with the mitigation conditions listed in subsection (a)(2) or (a)(3) of this section.

(2)

The following items are required to obtain a tree removal permit:

a.

Name, address and phone number of applicant.

b.

Legal owner's name.

c.

Address or legal description of property where trees are to be removed (trees must be tagged with a colored ribbon before on-site inspection).

d.

Written statement indicating the reason for removal of protected trees.

e.

General description of trees to be removed (caliper, condition, type, etc.).

f.

Name and address of contractor who is charged with removing the trees.

g.

Which mitigation method will be chosen and how it will be accomplished.

h.

Any other pertinent information.

(3)

Such permit application will be as established in the city fee schedule in chapter 18 to cover the cost of site inspection.

(4)

Should such permit be denied, the director of planning and development or his designee shall provide, in writing to the applicant, the reasons for the denial and will recommend alternatives to assist the owner in complying with the article and/or to avoid destruction of the trees. Appeals to this process may be filed in accordance with section 111-442.

(c)

Exempt trees. Trees that have been determined to have fallen on their own or those that are determined to pose a safety hazard by the director of planning and development shall be exempt from the provisions above.

(Code 1997, § 159.090; Ord. No. 01-50, 6-20-2001; Ord. No. 11-63, § I, 12-27-2011)

Landscaping areas shall be provided for interior parking areas whether they are done as part of a construction project requiring a building permit or as a stand-alone parking lot, so as to improve drainage and provide visual and thermal relief from broad expanses of pavement and to channel and define logical areas for pedestrian and vehicular circulation. For parking lots containing 20 or more parking spaces, landscaping islands shall be required as follows:

(1)

Single row parking areas. A raised island, not less than six inches in height, 4.5 in width and 20 feet in length, shall be located at both ends of every single parking row. The island shall contain no less than one tree and shall not contain any impervious surfaces.

(2)

Double row parking areas. A raised island, not less than six inches in height, 4.5 in width and 40 feet in length, shall be located at the end of each row. The raised island shall contain at least two trees and shall not contain any impervious surfaces.

(3)

Landscaping shall be located such that no parking space is more than 70 feet from a portion of the required landscaped open space.

(4)

All landscaped areas shall be protected from vehicular encroachment by curbs, wheel stops or other similar devices.

(5)

All parking lot landscaping required may be counted toward the overall required landscaping for the site if it is not a stand-alone parking lot, in which case only the requirements listed above shall apply.

(Code 1997, § 159.091; Ord. No. 01-50, 6-20-2001; Ord. No. 11-63, § I, 12-27-2011)

Should any tree or other vegetation required under this article die or be removed, it must be replaced within six months or one growing season days of such removal. All dead vegetation shall be removed within 30 days. It is unlawful for any person to violate this section.

(Code 1997, § 159.092; Ord. No. 01-50, 6-20-2001; Ord. No. 11-63, § I, 12-27-2011)

The following landscape materials are acclimated to the Rio Grande Valley Region of Texas. Due to the variety of planting and soil conditions, the City of Harlingen does not warrant the survival or prosperity of any plant material included in this list. This list may, from time to time, be updated without requirement to go before city commission for approval. A brochure listing native plants may also be available from the department of planning and development upon request.

(Code 1997, § 159.093; Ord. No. 01-50, 6-20-2001; Ord. No. 11-63, § I, 12-27-2011)