Magnolia City Zoning Code

CHAPTER 8

Landscaping and Buffering

Sec. 8-1-1.01 Purpose and Intent

Purpose. The standards and requirements set out in this Chapter are intended to:

Protect and preserve the appearance and character of the community;
Promote the health and quality of life of the residents of the City through the protection of specified trees located on property within the City;
Protect the value of the City's natural heritage;
Promote the planting of trees and shrubs that are native to Texas; and
Establish standards for removal, maintenance, and planting of trees.

Intent. In establishing these procedures and standards, it is the City's intent to encourage the preservation of trees and their value to the community, increase the compatibility of adjacent uses, and to minimize the effects of noise, dust, debris, and other externalities created by the use of land.

Effective on: 1/1/1901

Sec. 8-1-1.02 Applicability

Generally. This Chapter requires two general types of landscaping including:

Development Landscaping. See Section 8-2-1.03, Development Landscaping. There are three types of development landscaping:
1. Lot landscaping;
2. Site landscaping; and
3. Parking lot landscaping.
Bufferyard Landscaping. See Article 8-3, Bufferyard Landscaping. Bufferyards are required based on the development type and/or right-of-way type that abuts proposed development. Bufferyards may be required along:
1. Street and railroad rights-of-way;
2. The perimeters of parking lots; and
3. In mixed use development, between individual land uses.

Applicability of Standards. This Article applies to all new development, redevelopment, and substantial improvements, and where specifically indicated, to existing trees and landscaping.

Exceptions. The following are exceptions to the standards of this Article:

Individual lots of record that are used for existing single-family or two-family dwellings unless required by this Article (see Section 8-2-1.02, Land Clearing and Tree Preservation).
Modifications to nonresidential buildings where the building expansion or redevelopment does not exceed the gross floor area of the existing building by more than 10 percent or 3,000 square feet, whichever is less.
Development that was approved in Montgomery County and ETJ prior to the effective date of this UDC shall comply with the terms of the development approval (and not this Article) to the extent that alternative landscaping requirements are already specified. Such approved development shall not be required to install bufferyards if there is insufficient land area identified on the approved plans to accommodate them.
Sites that are proposed for redevelopment or substantial improvement, where due to the geometry of the site or existing improvements, installation of landscaping in compliance within this Chapter would be impractical or unreasonable, in which case the City may approve a lesser landscaping requirement, provided that the reduction of landscaping standards is only the extent necessary to make the installation practicable. In no case shall this exception be interpreted to lessen these requirements for reasons other than those provided.

Effective on: 1/1/1901

Sec. 8-2-1.01 Approved, Allowed, and Prohibited Plants

Approved Landscape Plants. Only approved landscape plant materials count towards the landscape requirements of this Article. A list of approved plant materials is set out in Appendix A, Plant Lists.

Allowed Landscape Plants. Plants that are not listed on the approved plant list or the prohibited plant list are allowed, but they are not counted towards compliance with this Article. Applicants who wish to count such plants are advised to seek an amendment to the approved plant list to include them. Plants may be added to the list if it is demonstrated by credible evidence that the species:

Is not on any of the following lists:
1. The Texas State Noxious Weed List, U.S. Department of Agriculture; or
2. The prohibited plant list; and
Is either native to the region or not invasive; and
Provides habitat for native wildlife or migratory birds.

Prohibited Plants. Plant species that are listed in Appendix A, Plant Lists as prohibited plants are not allowed and may not be sought for addition to the approved plant list.

Minimum Size of Plants at Installation. Plant material that is installed to comply with the requirements of this Article shall be of the following sizes set out in Table 8-2-1.01, Minimum Size of Plants at Installation.

Table 8-2-1.01 Minimum Size of Plants at Installation
Type of Plant Material	Minimum Size at Installation
Canopy Tree	3” caliper
Noncanopy Tree	2.5” caliper
Evergreen Tree	6’ in height
Shrub	5 gal. container

Table 8-2-1.01 Minimum Size of Plants at Installation
Type of Plant Material	Minimum Size at Installation
Canopy Tree	3” caliper
Noncanopy Tree	2.5” caliper
Evergreen Tree	6’ in height
Shrub	5 gal. container

Effective on: 1/1/1901

Sec. 8-2-1.02 Land Clearing and Tree Preservation

Purpose. Existing trees, because of the beneficial qualities and natural beauty they add to the community, shall be retained to the maximum extent practicable in any development or for any redevelopment or substantial improvement of an existing property.

Preservation of Significant Stands and Protected Trees. Development shall be designed to the maximum extent practicable so that significant stands of trees and single protected trees are preserved and located in designated open spaces or landscape surface areas. See Article 14-3, Definitions to understand the criteria for a "significant stand" or a “protected tree.”

Land Clearing Prohibited. Sites that include significant stands and/or numbers of protected trees shall not, in any case or under any circumstance, be clear cut in preparation for development. Instead, trees shall be removed and a land clearing or tree removal permit issued only if in the determination of the City:

They are a prohibited species as set out in Appendix A, Plant Lists;
They are unhealthy or structurally unsound and pose a safety hazard to buildings, pedestrians, or vehicular traffic or threaten to cause disruption of public services;
They are weakened by age, storm, fire, disease, or insects;
They are within five feet of an approved building footprint or a paved area of an approved street or parking area or an area required for site grading, surface water drainage, and/or utility installations;
They are within 10 feet of an approved outdoor recreation area that by its nature requires the removal of the trees (e.g., ball fields);
They are within five feet of a utility easement and would interfere with the use of the easement as determined by the Administrator; or
They are necessary to remove to observe good tree maintenance practices which will strengthen and protect other existing trees.

Determination of Land Clearing. A determination of land clearing is predicated on a finding by the City of any of the following:

Removal of five or more trees per platted lot for which the trees have a diameter of six inches or greater, measured 24 inches above grade;
Removal of any protected tree; or
Removal of a significant stand of trees.

Land Clearing or Tree Removal Permit Required. Any land clearing or protected tree removal in preparation of development or the redevelopment or substantial improvement of an existing property within the City shall require a permit as set out in Chapter 11, Permits and Procedures. A land clearing or tree removal permit may be issued for the removal of trees that qualify under Subsection C., above, if it is demonstrated that:

No reasonable alternative site design at the same density and intensity could be approved that:
1. Would preserve a significant stand of trees or protected trees; or,
2. If large-scale preservation is not possible, would preserve the largest of the protected trees; or
3. If protection of the largest trees is not possible, would preserve a greater number of protected trees than the proposed development design.
Relocation of the trees to another location on-site or within the City is not practical or economically feasible;
The trees are replaced with the number of new trees for which credit would be given if the protected trees were preserved (see Section 8-2-1.04, Credit for Existing Trees).
Or, mitigation is granted pursuant to Section 8-2-1.05, Mitigation Payments in lieu of Land Clearing or Tree Removal).

Pre-clearing or Removal Inspection Required. The applicant issued a land clearing or tree removal permit shall notify the Administrator in writing at least five days prior to any land clearing or tree removal activity. The Administrator, or an appointee, shall inspect the clearing or removal site prior to the start of clearing or removal to ensure that the significant stand or trees or protected trees are identified on site as indicated in the land clearing and tree removal permit application.

Penalty. A penalty may be assessed for failure to comply with the provisions of this Section as set out in Chapter 13, Enforcement, Interpretation, Disclaimer, and Repealer.

Tree Removal for Municipal Projects. To the maximum practicable extent, the City shall design construction projects that will avoid damage or require the clearing or removal of trees of significant stands and protected trees. The Administrator shall decide if construction activity will cause severe damage to the trees and determine the need for their clearing or removal. If a significant stand is cleared or a protected tree is removed from a public right-of-way or easement, an appropriate species of tree shall be replaced, on- or off-site, with the number of new trees for which credit would be given if the protected trees were preserved (see Section 8-2-1.04, Credit for Existing Trees). The City shall not pay monetary compensation for the loss of trees.

(Ord. No. O-2019-004, 02/12/2019; Ord. No. O-2020-006, 02/11/2020)

Effective on: 2/11/2020

Sec. 8-2-1.03 Development Landscaping

Generally.

Site landscaping is required around nonresidential and mixed-use buildings.
Required bufferyards, parking lots, designated open space tracts, and parkways used for street tree planting are not counted as areas where lot or site landscaping is required.
Alternate landscaping plan. The Planning and Zoning Commission may consider and approve an alternate landscaping plan, which is not in compliance with the requirements of this chapter. Such an alternate landscaping plan must meet the objectives and purposes of this chapter. As determined by the Commission, the alternate landscaping plan must clearly be equivalent or superior to a plan that would otherwise be in compliance with this chapter. In making a determination, the Commission may consider factors related to the building and/or site including: public safety and sanitation; the topography, shape, size, or other natural site; the suitability of any alternative screening or buffering proposal; and other similar factors.

Site Landscaping.

Generally. Nonresidential and mixed-use buildings shall be surrounded by planting areas with a minimum width as set out in Table 8-2-1.03, Site Landscaping Requirements.

Table 8-2-1.03 Site Landscaping Requirements
Use	Minimum Radius Around Building
Use	Front and Street Side	Side	Rear
SV, AC, TC, UP, PU, BP, TS	8’¹	6’¹	6’¹
IN	6’¹	6’¹	6’¹
TABLE NOTE: Where planting areas are required, they may be crossed with sidewalks to provide access to the building or buildings. ¹ This applies to public, institutional, and nonresidential buildings.

Table 8-2-1.03 Site Landscaping Requirements
Use	Minimum Radius Around Building
Use	Front and Street Side	Side	Rear
SV, AC, TC, UP, PU, BP, TS	8’¹	6’¹	6’¹
IN	6’¹	6’¹	6’¹
TABLE NOTE: Where planting areas are required, they may be crossed with sidewalks to provide access to the building or buildings. ¹ This applies to public, institutional, and nonresidential buildings.

1. Planting Location. The planting areas are not required in areas that are designed for direct vehicular access to the building, such as loading bays, service bays, and drive-through lanes on the side of the building with a service window, but shall be installed adjacent to the building foundation and between the parking and vehicular use areas and the property line under all other conditions (see Figure 8-2-1.03.1, Site Landscape Planting Areas).

Figure 8-2-1.03.1 Site Landscape Planting Areas

1. Planting Requirements. The required planting area shall be planted as follows:
  1. Front and Street Side. One canopy or noncanopy trees shall be planted within the front and street side planting areas for each 30 linear feet measured parallel to the building, or portion thereof. A continuous row of shrubs shall be planted at intervals of not more than five feet between the primary shrub trunk or from the center of the root ball, as applicable, or the shrubs may be designed in groupings, if an equal or a greater number of plants are used. All remaining ground surface areas shall be in groundcover, which may include sod, ornamental grasses, mulch, or perennial or seasonal plantings. As approved by the City, wet ponds with fountains, vegetated rain gardens, naturalized wetlands, and/or xeriscape gardens may be used in lieu of or together with the required shrubbery and groundcover. Sculptures, monuments, and other public art installations are encouraged, subject to approval of the Commission.
  2. Side. Noncanopy trees shall be planted with a maximum spacing of eight feet between the primary tree trunk or from the center of the root ball, as applicable, which may also be designed in groupings if an equal or a greater number of trees are used. Shrubs shall be planted as set out in Subsection 3.a above. Ornamental grasses may be used to meet up to 25 percent of the shrubbery requirement. All remaining ground surface areas shall be in groundcover, which may include sod, ornamental grasses, mulch, or perennial or seasonal plantings.
  3. Rear. A rear planting area that is adjacent to a drive-through lane or a parking lot with a parking module width of 40 feet or more shall meet the requirements of Subsection 3.b. above. All other rear planting and ground surface areas shall be in groundcover, which may include sod, ornamental grasses, mulch, or perennial or seasonal plantings.
2. Substitution. Noncanopy trees may be substituted for canopy trees as set out in Subsection B.3 above. Noncanopy trees may be substituted for shrubs in areas where there is sufficient room for the healthy growth and stability of the tree at a rate of four shrubs per one noncanopy tree.

Parking Lot Landscaping.
1. Generally. Parking lot landscaping is required within and around parking lots that contain more than five parking spaces, excluding those for single- and two-family dwellings.
2. Parking Lot Landscape Areas. As illustrated in Figure 8-2-1.03.2, Parking Lot Landscape Areas, landscaping is required in all of the following areas:
  1. At the ends of parking aisles, planted in islands that are not less than nine feet wide and 36 feet long, with 10 foot curb radii on the side that faces outward from the parking aisle.
  2. In the middle of parking rows at intervals required by Subsection C.3., below, planted in interior islands that are not less than nine feet wide and 36 feet long, with five foot curb radii at both ends.
  3. At the corners of parking lots, planted in corner islands, which is the area defined by the extension of the edges of intersecting parking modules.

Figure 8-2-1.03.2 Parking Lot Landscape Areas

1. Planting Requirements. Parking lot landscape islands shall be provided at an interval of one island for each 15 parking spaces, or fraction thereof, planted as follows:
  1. Each interior and endcap island shall be planted with a minimum of:
    1. One canopy tree or two noncanopy trees; and
    2. Groundcover, which may be sod, ornamental grasses, or perennial or seasonal plantings, or shrubs planted at intervals of not more than five feet between the primary shrub trunk or from the center of the root ball, as applicable, with the remaining area in groundcover.
  2. Each parking lot corner shall be planted with two canopy trees or five noncanopy trees.
2. Protection of Planting Areas. Planting areas shall be protected by wheel stops and six inch curbs. Curbs may be punctuated to allow for storm water flows into biological treatment areas, as applicable, pursuant to an approved drainage plan, provided that the punctuations do not interfere with their protective function.

(Ord. No. O-2021-023, 10/12/2021)

Effective on: 10/12/2021

Sec. 8-2-1.04 Credit for Existing Trees

Quality of Existing Trees. Existing trees that are protected according to Section 8-2-1.02, Land Clearing and Tree Preservation, and Article 8-4, Tree Protection and Maintenance, count towards the planting requirements of this Article, provided that they are either on the approved plant list, or established for at least five years and not on the prohibited plant list, as set out in Appendix A, Plant Lists.

Credit for Preservation of Trees. It is the policy of the City to promote the preservation of its healthy, mature tree canopy. Healthy, mature trees that are preserved on-site shall count as more than one tree for the purposes of the landscaping requirements, as set out in Table 8-2-1.04, Credit for Preservation of Trees.

Table 8-2-1.04 Credit for Preservation of Trees
Preserved Healthy Tree Unit of Measurement (use whichever one produces the most credit)		Credit
Diameter at Breast Height	Tree Height	Credit
At least 3.5 inches, but less than 5 inches	At least 10 ft., but less than 15 ft.	1 tree
At least 5 inches, but less than 9 inches	At least 15 ft., but less than 24 ft.	2 trees
At least 9 inches, but less than 12 inches	At least 24 ft., but less than 32 ft.	3 trees
At least 12 inches, but less than 16 inches	At least 32 ft., but less than 40 ft.	4 trees
16 inches or more	40 ft. or more	5 trees

Table 8-2-1.04 Credit for Preservation of Trees
Preserved Healthy Tree Unit of Measurement (use whichever one produces the most credit)		Credit
Diameter at Breast Height	Tree Height	Credit
At least 3.5 inches, but less than 5 inches	At least 10 ft., but less than 15 ft.	1 tree
At least 5 inches, but less than 9 inches	At least 15 ft., but less than 24 ft.	2 trees
At least 9 inches, but less than 12 inches	At least 24 ft., but less than 32 ft.	3 trees
At least 12 inches, but less than 16 inches	At least 32 ft., but less than 40 ft.	4 trees
16 inches or more	40 ft. or more	5 trees

Application of Tree Preservation Credit. The tree preservation credit is applied towards the requirements for the area in which the tree is planted. If there are no requirements for that area, the credit applies in the following order of descending priority:
1. Site landscaping requirements;
2. Parking lot landscaping requirements; and
3. Bufferyard requirements, provided that the tree is located between the bufferyard to which the credit applies and the building or use that is being buffered.

Effective on: 1/1/1901

Sec. 8-2-1.05 Mitigation Payments in lieu of Land Clearing or Tree Removal

Variance Permitted.
1. An applicant may seek a variance (see Sec. 12-1-1.02) as to all or a portion of the requirements of Sec. 8-2-1.02, Land Clearing and Tree Preservation, upon the condition that the applicant pay mitigation fees in lieu of preservation or planting to a Tree Mitigation Fund as established by Sec. 8-2-1.06, Tree Mitigation Fund.
2. An applicant for a variance bears the burden of demonstrating compliance with this section and Sec. 8-2-1.06, Tree Mitigation Fund.
3. Mitigation payments per the variance requirements of Sec. 12-1-1.02 may not be sought for any landscaping requirement as provided for in Sec. 8-2-1.03, Development Landscaping.
Mitigation Fees.
1. Generally. Table 8-2-1.05, Mitigation of Tree Requirements, provides the specific mitigation fee payments as applied to Diameter at Breast Height (DBH) and Tree Height of a healthy tree unit.
2. Application of Table. The mitigation fee to be applied is to be the lesser of the two values as determined between the DBH and the height of the tree at issue. For Example, if the DBH is 7 inches and the height of the tree is 36 ft., a mitigation fee of $700 is to be applied.

Table 8-2-1.05 Mitigation of Tree Requirements¹
Diameter at Breast Height (DBH)	Tree Height	Mitigation Fee
At least 3.5 inches, but less than 5 inches	At least 10 ft., but less than 15 ft.	$400
At least 5 inches, but less than 9 inches	At least 15 ft., but less than 24 ft.	$700
At least 9 inches, but less than 12 inches	At least 24 ft., but less than 32 ft.	$1,000
At least 12 inches, but less than 16 inches	At least 32 ft., but less than 40 ft.	$1,400
16 inches or more	40 ft. or more	$1,700
¹ If the Diameter at Breast Height (DBH) is less than 3.5 inches or if the height of the tree is less than 10 ft. then no mitigation fee is required.

(Ord. No. O-2019-004, 02/12/2019)

Effective on: 2/12/2019

Sec. 8-2-1.06 Tree Mitigation Fund

Fund Establishment. The City Council shall establish a dedicated account to be known as the Tree Mitigation Fund. Mitigation fees paid as provided by 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.

Expenditure of Funds.

Generally. The assets of the fund shall be expended under the direction of the Administrator 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. The funds may be used for no other purposes than as listed in this section.
Planting Costs. Planting costs payable from the fund include the installation of related irrigation equipment and other measures necessary for the protection and subsequent maintenance of new trees for a period of up to three years following planting.

(Ord. No. O-2019-004, 02/12/2019)

Effective on: 2/12/2019

Sec. 8-3-1.01 Bufferyard Types

Generally. The bufferyards that are required by this UDC are based on the amount of screening they provide. Bufferyards are classified from less screening (“Type A”) to more screening (“Type B”).

Bufferyard Types. There are two types of bufferyards, each of which vary in width and the numbers and types of plants required per 100 linear feet, or portion thereof. The minimum planting requirements for each type and composition of bufferyard are set out in Table 8-3-1.01, Bufferyard Classifications, except that bufferyards for streets and railroads are set out in Section 8-3-1.04, Street and Railroad Bufferyards, and parking bufferyards are set out in Section 8-3-1.05, Bufferyards for Parking Lots and Vehicular Use Areas.

Composition of Bufferyards. Bufferyards may be classified as:

Structural bufferyards, which include the use of a wall or a fence to achieve the required level of screening; and
Natural bufferyards, which include the use of an earthen berm and a higher density of plant materials to achieve the required level of screening.

Table 8-3-1.01 Bufferyard Classifications
Type	Width	Required Plantings per 100 Linear Feet (Structural / Natural)				Height of Berm, Wall or Fence¹
Type	Width	Canopy Trees	Evergreen Trees	Noncanopy Trees	Shrubs	Height of Berm, Wall or Fence¹
Type A	10’	2 / 3	2 / 2	2 / 1	20 / 20	-
Type B	20’	3 / 6	3 / 3	3 / 4	30 / 30	3’
TABLE NOTE: ¹A berm, wall, or fence is not required for naturalized buffers.

Table 8-3-1.01 Bufferyard Classifications
Type	Width	Required Plantings per 100 Linear Feet (Structural / Natural)				Height of Berm, Wall or Fence¹
Type	Width	Canopy Trees	Evergreen Trees	Noncanopy Trees	Shrubs	Height of Berm, Wall or Fence¹
Type A	10’	2 / 3	2 / 2	2 / 1	20 / 20	-
Type B	20’	3 / 6	3 / 3	3 / 4	30 / 30	3’
TABLE NOTE: ¹A berm, wall, or fence is not required for naturalized buffers.

Bufferyard Locations. Bufferyards are required in four locations, as follows:
1. Between residential and nonresidential/mixed uses;
2. Between nonresidential and mixed uses;
3. Along street and railroad rights-of-way; and
4. Around parking and vehicular use areas.
Use of Bufferyards in Certain Locations.
1. Between Nonresidential/Mixed Uses and Residential Uses. Structural and natural bufferyards are the preferred composition along nonresidential/mixed uses and residential uses that are not a street, or where there is a specific privacy or security need that requires a wall or fence.
2. Between Nonresidential and Mixed Uses. Structural or natural bufferyards may be used between nonresidential and mixed uses within a development, depending on the use types and intensities and the desired compatibility, privacy, and/or security.
3. Along Street Rights-of-Way. Natural buffferyards are the preferred composition along collector and arterial streets.

Effective on: 1/1/1901

Sec. 8-3-1.02 District Bufferyard Standards

Generally. Set out in Table 8-3-1.02, District Bufferyard Standards, is the classification of bufferyard that is required between residential, nonresidential, mixed uses, and industrial that are not separated by a public street.

Interpretation of Table. The table is a matrix in which residential and nonresidential zoning districts are shown. Rows show the use of the parcel proposed for development, and columns show the use of the adjoining land. Two letters are shown for each condition. The bufferyard required for the proposed use is listed first. The letter listed second is the buffer that is required on the adjoining property.

Table 8-3-1.02 District Bufferyard Standards
Proposed Use for Development	Adjoining Uses
Proposed Use for Development	RU, RE, SR, SU, NC	AC, TC, PU, BP	SV, UP	IN
RU, RE, SR, SU, NC	N/A	A/B	A/B	A/B
AC, TC, PU, BP	B/A	A/A	B/A	B/B
SV, UP	B/A	A/B	A/A	A/B
IN	B/B	B/B	B/B	B/B

Table 8-3-1.02 District Bufferyard Standards
Proposed Use for Development	Adjoining Uses
Proposed Use for Development	RU, RE, SR, SU, NC	AC, TC, PU, BP	SV, UP	IN
RU, RE, SR, SU, NC	N/A	A/B	A/B	A/B
AC, TC, PU, BP	B/A	A/A	B/A	B/B
SV, UP	B/A	A/B	A/A	A/B
IN	B/B	B/B	B/B	B/B

Existing Adjacent Development without Bufferyards. Where the adjoining property is an existing single-family detached, duplex, or single-family attached residential property or development that does not have the required bufferyard, the proposed mixed use or nonresidential development shall provide a bufferyard of the next higher classification than the greater screening of the two bufferyards required (e.g., if the requirement is A / A, then the screening of the parcel proposed for development must install a Type B bufferyard).
Relationship to Other Bufferyard Requirements. If bufferyards are required by another Section of this UDC along property boundaries, then the greater bufferyard requirement shall supersede the lesser one (only one bufferyard is required).
Buffering Existing Residential Development. New residential development is required to provide an increase in the level of screening of a bufferyard (e.g., from Type A to Type B) when adjacent to an existing single-family detached, duplex, or single-family attached residential property or development, if:
1. The lot widths of the new development are less than 80 percent of the lot widths of the nearest lots of the existing development;
2. The building height(s) of the new development is (are) more than eight feet taller than the building height(s) of the existing property or development; or
3. The housing type that is located on the lots that abut the existing development is more dense than the housing type of the existing development (e.g., new townhome lots abutting existing single-family detached lots).

Effective on: 1/1/1901

Sec. 8-3-1.03 Existing Trees, Fences, and Walls on Developed Property

Generally. Existing trees, fences, and walls may be counted towards the bufferyard requirements, provided that the trees are in good health and the fences or walls are structurally sound, in good repair, and of an upright condition.

Existing Landscaping Credit. Credit shall be given for existing trees that are located within bufferyards according to the standards of Section 8-2-1.04, Credit for Existing Trees.

Existing Fences and Walls. If a fence or wall is the preferred bufferyard and there is already a fence or wall on the property line, then the City may waive the fence or wall requirement, provided:

The Administrator, or an appointee, verifies that the existing fence or wall is structurally sound, in good repair, and of an upright condition;
The height and level of screening of the fence or wall meets the intent of this Article with regard to buffering;
The applicant records an agreement with the City that includes appropriate assurances that if the existing fence or wall deteriorates, or is damaged, destroyed, or removed, the applicant will cause it to be repaired or replaced with a fence or wall that meets the bufferyard standards of this Article, as well as the requirements and standards of Section 2-3-4.02, Fences and Walls; and
The applicant's final plat or, if no plat is required, development approval, includes an annotation regarding the applicant's responsibilities under the agreement required by Subsection C.3., above.

Effective on: 1/1/1901

Sec. 8-3-1.04 Street and Railroad Bufferyards

Generally. Set out in Table 8-3-1.04, Bufferyard Requirements for Streets and Railroads, is the bufferyard standards of any development adjacent to arterial, collector, and local streets or railroads (for bufferyard types, see Table 8-3-1.01, Bufferyard Classifications).

Table 8-3-1.04 Bufferyard Requirements for Streets and Railroads
Use of Proposed Development	Adjoining Street or Railroad Rights-of-Way
Use of Proposed Development	Arterial	Collector	Local	Railroad
RU, RE, SR,SU, NC	B	B	B	B
AC, TC, PU, BP	B	B	B	B
SV, UP	B	A	A	B
IN	B	B	B	B

Table 8-3-1.04 Bufferyard Requirements for Streets and Railroads
Use of Proposed Development	Adjoining Street or Railroad Rights-of-Way
Use of Proposed Development	Arterial	Collector	Local	Railroad
RU, RE, SR,SU, NC	B	B	B	B
AC, TC, PU, BP	B	B	B	B
SV, UP	B	A	A	B
IN	B	B	B	B

Existing Landscaping Credit. Credit shall be given for existing trees that are located within the street or railroad bufferyard according to the standards of Section 8-2-1.04, Credit for Existing Trees.
Relationship to Other Bufferyard Requirements. If bufferyards are required by another section of this UDC along street or railroad rights-of-way, then the greater bufferyard requirement shall supersede the lesser one (only one bufferyard is required).

Effective on: 1/1/1901

Sec. 8-3-1.05 Bufferyards for Parking Lots and Vehicular Use Areas

Generally. Vehicular use areas, including parking lots, drive-through lanes, drive-in lanes, stacking areas, and common driveways in multi-use, multi-tenant, and mixed use developments shall be buffered as set out in this Section. These bufferyards are to mitigate the impact of headlights on streets and abutting residential property, and to reduce the aesthetic impact of parked cars on the character of the street. Tuck-under parking and structured parking are subject to the standards of Subsection E., and Subsection F., respectively, and not the standards of Subsection C., below.

Relationship to Other Bufferyard Requirements. If a bufferyard is required by this UDC in a location that would serve the purpose of this Section, then the planting and/or structural requirements of this Section may be counted towards the requirements of the other bufferyard, and the bufferyards may overlap. This Section does not allow for a reduction in the width or density of other bufferyards.

Where Required. Parking lot bufferyards are required:

Between parking lots and abutting properties and the parking lot(s) of the abutting properties, unless:
1. The area between the parking lot and the abutting property is occupied by a building; or
2. Another type of bufferyard is required and the other required bufferyard provides screening between a height of zero and three feet above grade.
Between parking lots and streets, except in areas where:
1. The elevation of the parking lot is at least three feet below the crown of the street; or
2. The area between the parking lot and the street is occupied by a building or access point to the parcel proposed for development; or
3. Another type of bufferyard is provided along the street that includes buffering between a height of zero and three feet above grade.

Composition. Parking lot bufferyards shall be composed of any one or a combination of the following, set in a bufferyard area that is at least three feet wide:

A three-foot high masonry wall that is constructed of or clad with brick or stone, measured from the surface of the parking lot in the area that is closest to the wall; and/or
An earthen berm with a maximum 3:1 slope (three feet of run per each one foot of rise) that is mounded to a minimum height of three feet, provided shrubs are planted along 25 percent of the linear dimension required to be screened; and/or
Shrubs planted to form a continuous buffer that is at least three feet in height if the plants form a hedge with a comparable level of screening from the ground to three feet in height, or five feet in height if ornamental grasses are used that do not provide a level of screening that is comparable to a hedge at three feet in height. If shrubs or ornamental grasses are used, the landscape area shall be set back from parking spaces:
1. Three feet from the edge of pavement if there are no curbs or wheel stops; or
2. Three feet from the face of the curb or parking bumper that faces the parking space (see Figure 8-3-1.05, Illustrative Composition of Parking Lot Bufferyard).

Figure 8-3-1.05 Illustrative Composition of Parking Lot Bufferyard

Tuck-Under Parking. Tuck-under parking shall be located and accessed behind buildings. It shall be screened from view from adjacent properties and rights-of-way by buildings or a bufferyard that includes a masonry wall that is constructed of or clad with brick or stone, an earthen berm, or combination thereof, that is at least four feet in height, with shrubs planted between the wall and the property or right-of-way line at a density of 30 shrubs per 100 linear feet of wall, and noncanopy trees planted with a spacing of no more than one per 12 feet.
Structured Parking. Structured parking shall be screened from view from public rights-of-way and abutting properties (except at points of ingress and egress) in one or more of the following ways:
1. Liner buildings or other buildings that are not parking structures;
2. A six-foot wide planting strip, planted with noncanopy or canopy trees suitable for street tree installations, spaced no more than 20 feet apart; or
3. A Type B bufferyard.

Effective on: 1/1/1901

Sec. 8-4-1.01 Planting Locations

In addition to the other requirements of this Article, the following rules apply to the installation of plants.

Distance from Utilities.
1. No canopy trees shall be planted under or within 10 lateral feet of any overhead utility lines.
2. No trees, except street tree species that are approved by the City, shall be planted over or within five lateral feet of any underground water line, sewer line, transmission line, or other utility line, or as required by the owner of the utility or the requirements of the easement.
Sight Distance Triangles. Trees shall not be installed in locations where there is a substantial likelihood that the mature form of the tree may be compromised in order to maintain sight distance triangles.

Effective on: 1/1/1901

Sec. 8-4-1.02 Maintenance and Care of Trees and Landscaping

Generally. Nonresidential and mixed-use developments shall provide for the care and maintenance of landscaping and trees within the landscape plan.

Maintenance Responsibility. The owner of the lot or parcel or the manager or agent (which may be a mandatory property owners' association if such is provided in the association's governing documents), shall be responsible for the maintenance of all landscape areas and their plant materials, including abutting landscaped portions of public rights-of-way.

Irrigation.

All landscaped areas shall be watered by an automated sprinkler system.
Irrigation systems shall be designed to avoid sprinkling and unnecessary runoff onto paved areas, including parking, loading, and street pavement areas. Prevailing winds shall be considered in the design of the irrigation systems.
Irrigation of constrained areas such as street rights-of-way, parkways, and medians shall be by drip irrigation or other systems that comply with Subsection C.2., above.
No automated irrigation system shall be installed unless authorized by a permit based on irrigation plans approved by the Administrator, and an appointee.
Xeriscaping is encouraged in lieu of traditional landscaping. Irrigation requirements set out in this Section may be waived per the Administrator in favor of xeriscaping.

Maintenance Standards.

All landscaped areas shall be kept free from refuse and debris.
Maintenance and care of landscaping on mixed-use and nonresidential properties shall be according to the most current ANSI A300 Standards for Tree Care Operations.
In other areas, maintenance and care shall meet the following standards:
1. Landscape areas, including abutting landscaped portions of public rights-of-way, shall be pruned as needed to present a healthy, neat, and orderly appearance at all times.
2. All landscaped areas shall be irrigated as needed to ensure continuous healthy growth and development.
3. Maintenance shall include the removal and replacement of dead, dying, or diseased plant material.
4. Trees extending over a street shall be kept pruned so as to not interfere with street traffic.
Nothing in this Section shall require any application or permit from any public utility provider prior to removing a tree whenever it has determined the tree poses a hazard, or interferes with restoration or continuation of utility services.

Landscape Installation and Maintenance Plan. A landscape installation and maintenance plan shall identify the proposed plant installation methods and both short- and long-term landscape maintenance programs for all landscaped areas except landscaping of private lots (unless a property owners' association is to maintain the landscaping on private lots). The following is required to be addressed on the maintenance plan:

Open Space Landscaping (including common parking lots, if present). The maintenance responsibility shall be set out in the landscape plan that is required by this Section.
Landscape Surface Area Landscaping (including parking lots). The maintenance responsibility shall be set out in the landscape plan that is required by this Section.
Private Lot Landscaping. Landscaping of private lots shall be the responsibility of the lot owner, unless a declaration of covenants, conditions, and restrictions assigns the responsibility to a property owners' association. The maintenance responsibility shall be noted in the landscape plan that is required by this Section.
Street Trees (as applicable). The maintenance responsibility shall be set out in the landscape plan that is required by this Section.

Approval and Timing of Approval.

Plans meeting the standards of this UDC shall be approved. However, in reviewing the plans, adjustments in the location of plants may be required where the City finds such alterations would better serve the purposes for which they are intended.
Landscape plans containing street trees and open spaces shall be submitted for approval at the preliminary plat application stage.
Landscape plans containing site features, bufferyards, and required landscaping shall be submitted for approval at the building permit stage.

Effective on: 1/1/1901

Sec. 8-4-1.03 Tree Protection During Construction and Development

Generally. Existing trees that are to be counted towards the landscaping requirements of this Chapter shall be protected according to the requirements of this Section.

Tree Protection Requirements. The following efforts shall be utilized to retain existing trees:

Parking areas and building sites shall be located to preserve existing trees.
Grates or other pervious surfaces shall be utilized within the dripline (outermost limit of horizontal branch extension) of existing trees to allow water and air to reach the tree roots.
Fill shall be prohibited in areas under the dripline of existing trees.
Drastic changes in drainage patterns which might negatively affect existing trees shall be avoided.
All trees to be retained shall have perimeter fencing at the extreme outer edge of the tree canopy. The fencing shall be flagged with yellow caution tape or yellow pennants, and shall remain in place throughout the construction period. There shall be no activity of any kind inside the perimeter. No land clearing or building permits shall be issued until the perimeter of all protected trees and tree stands have been properly fenced.
Any person who intentionally damages a protected tree shall be in violation and subject to the penalties prescribed in Chapter 13, Enforcement, Interpretation, Disclaimer, and Repealer.

Effective on: 1/1/1901

Sec. 8-4-2.01 Landscape Plan Approval

Generally.

Compliance with the standards of this Division shall be demonstrated by schematic landscape and irrigation plans and a landscape installation and maintenance plan. Collectively, these documents shall be referred to as the "landscape plan."
Landscape plans for nonresidential and mixed-use development shall be prepared by a registered landscape architect who is licensed to practice in the State of Texas.

Contents of Schematic Landscape Plan. The landscape plan shall include the elements that are set out in this Section. The Administrator may waive elements of the landscape plan if the Administrator finds that they are unnecessary due to the type of development approval sought, or the conditions of the site being developed, or both. The Administrator is authorized to require additional information on the landscape plan as needed to administer the requirements of this UDC. The schematic landscape plan shall include all of the following information in the plan drawing:

A plan view drawing prepared at a standard scale that ensures clarity of the proposal (scale shall be approved by the Administrator), which shall indicate:
1. Existing and proposed topography of the site, shown at one-foot contours;
2. Dimensions and surfacing of all easements, pedestrian walkways, and pedestrian-oriented areas (existing and proposed);
3. Location and dimensions of maintenance easements for drainage facilities;
4. Location of existing and proposed overhead and underground utilities;
5. Location and base flood elevation of floodplains;
6. Dimensions and slopes of storm water detention areas;
7. Dimensions, surface area, and type of planting area (e.g., bufferyard, parking lot landscaping, etc.) for each planting area;
8. The location and quantity of trees and shrubs to be installed, which shall be drawn at three-fourths (¾) of mature size and annotated with genus, species, common name, drought tolerance, and size at planting;
9. The location, quality, size (DBH), and protected root zone of trees that are to be preserved on the site;
10. The location and extent of areas of groundcover; the groundcovers, turf, seed, or inorganic materials to be installed or planted; and the type of underlayment proposed to be used (if any);
11. Dimensions of all landscape elements, including fences, walls, border edge treatments, berms, water features, trash enclosures, street furniture, public art, and recreational facilities, as applicable (the Administrator may require details or specifications for landscape features or structures to be attached to the landscape plan in order to facilitate subsequent inspection);
12. General layout, design, and the wet coverage area of irrigation systems;
13. Special landscape features for storm water detention and treatment, such as green roofs, rain gardens, or bioswales;
14. Dimensions and locations of sight distance triangles; and
15. Any credits that are requested for preserving existing trees pursuant to Section 8-2-1.04, Credit for Existing Trees, or Section 8-3-1.03, Existing Trees, Fences, and Walls on Developed Property.
Information regarding specific design techniques that will be used to prevent water infiltration or damage at the street section may be required by the Administrator if it is found that there is good cause to believe that such damage could occur.

Effective on: 1/1/1901

Magnolia City Zoning Code

CHAPTER 8

Landscaping and Buffering

Sec. 8-1-1.01 Purpose and Intent

Purpose. The standards and requirements set out in this Chapter are intended to:

Protect and preserve the appearance and character of the community;
Promote the health and quality of life of the residents of the City through the protection of specified trees located on property within the City;
Protect the value of the City's natural heritage;
Promote the planting of trees and shrubs that are native to Texas; and
Establish standards for removal, maintenance, and planting of trees.

Effective on: 1/1/1901

Sec. 8-1-1.02 Applicability

Generally. This Chapter requires two general types of landscaping including:

Development Landscaping. See Section 8-2-1.03, Development Landscaping. There are three types of development landscaping:
1. Lot landscaping;
2. Site landscaping; and
3. Parking lot landscaping.
Bufferyard Landscaping. See Article 8-3, Bufferyard Landscaping. Bufferyards are required based on the development type and/or right-of-way type that abuts proposed development. Bufferyards may be required along:
1. Street and railroad rights-of-way;
2. The perimeters of parking lots; and
3. In mixed use development, between individual land uses.

Applicability of Standards. This Article applies to all new development, redevelopment, and substantial improvements, and where specifically indicated, to existing trees and landscaping.

Exceptions. The following are exceptions to the standards of this Article:

Individual lots of record that are used for existing single-family or two-family dwellings unless required by this Article (see Section 8-2-1.02, Land Clearing and Tree Preservation).
Modifications to nonresidential buildings where the building expansion or redevelopment does not exceed the gross floor area of the existing building by more than 10 percent or 3,000 square feet, whichever is less.
Development that was approved in Montgomery County and ETJ prior to the effective date of this UDC shall comply with the terms of the development approval (and not this Article) to the extent that alternative landscaping requirements are already specified. Such approved development shall not be required to install bufferyards if there is insufficient land area identified on the approved plans to accommodate them.
Sites that are proposed for redevelopment or substantial improvement, where due to the geometry of the site or existing improvements, installation of landscaping in compliance within this Chapter would be impractical or unreasonable, in which case the City may approve a lesser landscaping requirement, provided that the reduction of landscaping standards is only the extent necessary to make the installation practicable. In no case shall this exception be interpreted to lessen these requirements for reasons other than those provided.

Effective on: 1/1/1901

Sec. 8-2-1.01 Approved, Allowed, and Prohibited Plants

Is not on any of the following lists:
1. The Texas State Noxious Weed List, U.S. Department of Agriculture; or
2. The prohibited plant list; and
Is either native to the region or not invasive; and
Provides habitat for native wildlife or migratory birds.

Prohibited Plants. Plant species that are listed in Appendix A, Plant Lists as prohibited plants are not allowed and may not be sought for addition to the approved plant list.

Table 8-2-1.01 Minimum Size of Plants at Installation
Type of Plant Material	Minimum Size at Installation
Canopy Tree	3” caliper
Noncanopy Tree	2.5” caliper
Evergreen Tree	6’ in height
Shrub	5 gal. container

Table 8-2-1.01 Minimum Size of Plants at Installation
Type of Plant Material	Minimum Size at Installation
Canopy Tree	3” caliper
Noncanopy Tree	2.5” caliper
Evergreen Tree	6’ in height
Shrub	5 gal. container

Effective on: 1/1/1901

Sec. 8-2-1.02 Land Clearing and Tree Preservation

They are a prohibited species as set out in Appendix A, Plant Lists;
They are unhealthy or structurally unsound and pose a safety hazard to buildings, pedestrians, or vehicular traffic or threaten to cause disruption of public services;
They are weakened by age, storm, fire, disease, or insects;
They are within five feet of an approved building footprint or a paved area of an approved street or parking area or an area required for site grading, surface water drainage, and/or utility installations;
They are within 10 feet of an approved outdoor recreation area that by its nature requires the removal of the trees (e.g., ball fields);
They are within five feet of a utility easement and would interfere with the use of the easement as determined by the Administrator; or
They are necessary to remove to observe good tree maintenance practices which will strengthen and protect other existing trees.

Determination of Land Clearing. A determination of land clearing is predicated on a finding by the City of any of the following:

Removal of five or more trees per platted lot for which the trees have a diameter of six inches or greater, measured 24 inches above grade;
Removal of any protected tree; or
Removal of a significant stand of trees.

No reasonable alternative site design at the same density and intensity could be approved that:
1. Would preserve a significant stand of trees or protected trees; or,
2. If large-scale preservation is not possible, would preserve the largest of the protected trees; or
3. If protection of the largest trees is not possible, would preserve a greater number of protected trees than the proposed development design.
Relocation of the trees to another location on-site or within the City is not practical or economically feasible;
The trees are replaced with the number of new trees for which credit would be given if the protected trees were preserved (see Section 8-2-1.04, Credit for Existing Trees).
Or, mitigation is granted pursuant to Section 8-2-1.05, Mitigation Payments in lieu of Land Clearing or Tree Removal).

Penalty. A penalty may be assessed for failure to comply with the provisions of this Section as set out in Chapter 13, Enforcement, Interpretation, Disclaimer, and Repealer.

(Ord. No. O-2019-004, 02/12/2019; Ord. No. O-2020-006, 02/11/2020)

Effective on: 2/11/2020

Sec. 8-2-1.03 Development Landscaping

Generally.

Site landscaping is required around nonresidential and mixed-use buildings.
Required bufferyards, parking lots, designated open space tracts, and parkways used for street tree planting are not counted as areas where lot or site landscaping is required.
Alternate landscaping plan. The Planning and Zoning Commission may consider and approve an alternate landscaping plan, which is not in compliance with the requirements of this chapter. Such an alternate landscaping plan must meet the objectives and purposes of this chapter. As determined by the Commission, the alternate landscaping plan must clearly be equivalent or superior to a plan that would otherwise be in compliance with this chapter. In making a determination, the Commission may consider factors related to the building and/or site including: public safety and sanitation; the topography, shape, size, or other natural site; the suitability of any alternative screening or buffering proposal; and other similar factors.

Site Landscaping.

Generally. Nonresidential and mixed-use buildings shall be surrounded by planting areas with a minimum width as set out in Table 8-2-1.03, Site Landscaping Requirements.

Table 8-2-1.03 Site Landscaping Requirements
Use	Minimum Radius Around Building
Use	Front and Street Side	Side	Rear
SV, AC, TC, UP, PU, BP, TS	8’¹	6’¹	6’¹
IN	6’¹	6’¹	6’¹
TABLE NOTE: Where planting areas are required, they may be crossed with sidewalks to provide access to the building or buildings. ¹ This applies to public, institutional, and nonresidential buildings.

Table 8-2-1.03 Site Landscaping Requirements
Use	Minimum Radius Around Building
Use	Front and Street Side	Side	Rear
SV, AC, TC, UP, PU, BP, TS	8’¹	6’¹	6’¹
IN	6’¹	6’¹	6’¹
TABLE NOTE: Where planting areas are required, they may be crossed with sidewalks to provide access to the building or buildings. ¹ This applies to public, institutional, and nonresidential buildings.

1. Planting Location. The planting areas are not required in areas that are designed for direct vehicular access to the building, such as loading bays, service bays, and drive-through lanes on the side of the building with a service window, but shall be installed adjacent to the building foundation and between the parking and vehicular use areas and the property line under all other conditions (see Figure 8-2-1.03.1, Site Landscape Planting Areas).

Figure 8-2-1.03.1 Site Landscape Planting Areas

1. Planting Requirements. The required planting area shall be planted as follows:
  1. Front and Street Side. One canopy or noncanopy trees shall be planted within the front and street side planting areas for each 30 linear feet measured parallel to the building, or portion thereof. A continuous row of shrubs shall be planted at intervals of not more than five feet between the primary shrub trunk or from the center of the root ball, as applicable, or the shrubs may be designed in groupings, if an equal or a greater number of plants are used. All remaining ground surface areas shall be in groundcover, which may include sod, ornamental grasses, mulch, or perennial or seasonal plantings. As approved by the City, wet ponds with fountains, vegetated rain gardens, naturalized wetlands, and/or xeriscape gardens may be used in lieu of or together with the required shrubbery and groundcover. Sculptures, monuments, and other public art installations are encouraged, subject to approval of the Commission.
  2. Side. Noncanopy trees shall be planted with a maximum spacing of eight feet between the primary tree trunk or from the center of the root ball, as applicable, which may also be designed in groupings if an equal or a greater number of trees are used. Shrubs shall be planted as set out in Subsection 3.a above. Ornamental grasses may be used to meet up to 25 percent of the shrubbery requirement. All remaining ground surface areas shall be in groundcover, which may include sod, ornamental grasses, mulch, or perennial or seasonal plantings.
  3. Rear. A rear planting area that is adjacent to a drive-through lane or a parking lot with a parking module width of 40 feet or more shall meet the requirements of Subsection 3.b. above. All other rear planting and ground surface areas shall be in groundcover, which may include sod, ornamental grasses, mulch, or perennial or seasonal plantings.
2. Substitution. Noncanopy trees may be substituted for canopy trees as set out in Subsection B.3 above. Noncanopy trees may be substituted for shrubs in areas where there is sufficient room for the healthy growth and stability of the tree at a rate of four shrubs per one noncanopy tree.

Parking Lot Landscaping.
1. Generally. Parking lot landscaping is required within and around parking lots that contain more than five parking spaces, excluding those for single- and two-family dwellings.
2. Parking Lot Landscape Areas. As illustrated in Figure 8-2-1.03.2, Parking Lot Landscape Areas, landscaping is required in all of the following areas:
  1. At the ends of parking aisles, planted in islands that are not less than nine feet wide and 36 feet long, with 10 foot curb radii on the side that faces outward from the parking aisle.
  2. In the middle of parking rows at intervals required by Subsection C.3., below, planted in interior islands that are not less than nine feet wide and 36 feet long, with five foot curb radii at both ends.
  3. At the corners of parking lots, planted in corner islands, which is the area defined by the extension of the edges of intersecting parking modules.

Figure 8-2-1.03.2 Parking Lot Landscape Areas

1. Planting Requirements. Parking lot landscape islands shall be provided at an interval of one island for each 15 parking spaces, or fraction thereof, planted as follows:
  1. Each interior and endcap island shall be planted with a minimum of:
    1. One canopy tree or two noncanopy trees; and
    2. Groundcover, which may be sod, ornamental grasses, or perennial or seasonal plantings, or shrubs planted at intervals of not more than five feet between the primary shrub trunk or from the center of the root ball, as applicable, with the remaining area in groundcover.
  2. Each parking lot corner shall be planted with two canopy trees or five noncanopy trees.
2. Protection of Planting Areas. Planting areas shall be protected by wheel stops and six inch curbs. Curbs may be punctuated to allow for storm water flows into biological treatment areas, as applicable, pursuant to an approved drainage plan, provided that the punctuations do not interfere with their protective function.

(Ord. No. O-2021-023, 10/12/2021)

Effective on: 10/12/2021

Sec. 8-2-1.04 Credit for Existing Trees

Table 8-2-1.04 Credit for Preservation of Trees
Preserved Healthy Tree Unit of Measurement (use whichever one produces the most credit)		Credit
Diameter at Breast Height	Tree Height	Credit
At least 3.5 inches, but less than 5 inches	At least 10 ft., but less than 15 ft.	1 tree
At least 5 inches, but less than 9 inches	At least 15 ft., but less than 24 ft.	2 trees
At least 9 inches, but less than 12 inches	At least 24 ft., but less than 32 ft.	3 trees
At least 12 inches, but less than 16 inches	At least 32 ft., but less than 40 ft.	4 trees
16 inches or more	40 ft. or more	5 trees

Table 8-2-1.04 Credit for Preservation of Trees
Preserved Healthy Tree Unit of Measurement (use whichever one produces the most credit)		Credit
Diameter at Breast Height	Tree Height	Credit
At least 3.5 inches, but less than 5 inches	At least 10 ft., but less than 15 ft.	1 tree
At least 5 inches, but less than 9 inches	At least 15 ft., but less than 24 ft.	2 trees
At least 9 inches, but less than 12 inches	At least 24 ft., but less than 32 ft.	3 trees
At least 12 inches, but less than 16 inches	At least 32 ft., but less than 40 ft.	4 trees
16 inches or more	40 ft. or more	5 trees

Application of Tree Preservation Credit. The tree preservation credit is applied towards the requirements for the area in which the tree is planted. If there are no requirements for that area, the credit applies in the following order of descending priority:
1. Site landscaping requirements;
2. Parking lot landscaping requirements; and
3. Bufferyard requirements, provided that the tree is located between the bufferyard to which the credit applies and the building or use that is being buffered.

Effective on: 1/1/1901

Sec. 8-2-1.05 Mitigation Payments in lieu of Land Clearing or Tree Removal

Variance Permitted.
1. An applicant may seek a variance (see Sec. 12-1-1.02) as to all or a portion of the requirements of Sec. 8-2-1.02, Land Clearing and Tree Preservation, upon the condition that the applicant pay mitigation fees in lieu of preservation or planting to a Tree Mitigation Fund as established by Sec. 8-2-1.06, Tree Mitigation Fund.
2. An applicant for a variance bears the burden of demonstrating compliance with this section and Sec. 8-2-1.06, Tree Mitigation Fund.
3. Mitigation payments per the variance requirements of Sec. 12-1-1.02 may not be sought for any landscaping requirement as provided for in Sec. 8-2-1.03, Development Landscaping.
Mitigation Fees.
1. Generally. Table 8-2-1.05, Mitigation of Tree Requirements, provides the specific mitigation fee payments as applied to Diameter at Breast Height (DBH) and Tree Height of a healthy tree unit.
2. Application of Table. The mitigation fee to be applied is to be the lesser of the two values as determined between the DBH and the height of the tree at issue. For Example, if the DBH is 7 inches and the height of the tree is 36 ft., a mitigation fee of $700 is to be applied.

Table 8-2-1.05 Mitigation of Tree Requirements¹
Diameter at Breast Height (DBH)	Tree Height	Mitigation Fee
At least 3.5 inches, but less than 5 inches	At least 10 ft., but less than 15 ft.	$400
At least 5 inches, but less than 9 inches	At least 15 ft., but less than 24 ft.	$700
At least 9 inches, but less than 12 inches	At least 24 ft., but less than 32 ft.	$1,000
At least 12 inches, but less than 16 inches	At least 32 ft., but less than 40 ft.	$1,400
16 inches or more	40 ft. or more	$1,700
¹ If the Diameter at Breast Height (DBH) is less than 3.5 inches or if the height of the tree is less than 10 ft. then no mitigation fee is required.

(Ord. No. O-2019-004, 02/12/2019)

Effective on: 2/12/2019

Sec. 8-2-1.06 Tree Mitigation Fund

Expenditure of Funds.

Generally. The assets of the fund shall be expended under the direction of the Administrator 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. The funds may be used for no other purposes than as listed in this section.
Planting Costs. Planting costs payable from the fund include the installation of related irrigation equipment and other measures necessary for the protection and subsequent maintenance of new trees for a period of up to three years following planting.

(Ord. No. O-2019-004, 02/12/2019)

Effective on: 2/12/2019

Sec. 8-3-1.01 Bufferyard Types

Composition of Bufferyards. Bufferyards may be classified as:

Structural bufferyards, which include the use of a wall or a fence to achieve the required level of screening; and
Natural bufferyards, which include the use of an earthen berm and a higher density of plant materials to achieve the required level of screening.

Table 8-3-1.01 Bufferyard Classifications
Type	Width	Required Plantings per 100 Linear Feet (Structural / Natural)				Height of Berm, Wall or Fence¹
Type	Width	Canopy Trees	Evergreen Trees	Noncanopy Trees	Shrubs	Height of Berm, Wall or Fence¹
Type A	10’	2 / 3	2 / 2	2 / 1	20 / 20	-
Type B	20’	3 / 6	3 / 3	3 / 4	30 / 30	3’
TABLE NOTE: ¹A berm, wall, or fence is not required for naturalized buffers.

Table 8-3-1.01 Bufferyard Classifications
Type	Width	Required Plantings per 100 Linear Feet (Structural / Natural)				Height of Berm, Wall or Fence¹
Type	Width	Canopy Trees	Evergreen Trees	Noncanopy Trees	Shrubs	Height of Berm, Wall or Fence¹
Type A	10’	2 / 3	2 / 2	2 / 1	20 / 20	-
Type B	20’	3 / 6	3 / 3	3 / 4	30 / 30	3’
TABLE NOTE: ¹A berm, wall, or fence is not required for naturalized buffers.

Bufferyard Locations. Bufferyards are required in four locations, as follows:
1. Between residential and nonresidential/mixed uses;
2. Between nonresidential and mixed uses;
3. Along street and railroad rights-of-way; and
4. Around parking and vehicular use areas.
Use of Bufferyards in Certain Locations.
1. Between Nonresidential/Mixed Uses and Residential Uses. Structural and natural bufferyards are the preferred composition along nonresidential/mixed uses and residential uses that are not a street, or where there is a specific privacy or security need that requires a wall or fence.
2. Between Nonresidential and Mixed Uses. Structural or natural bufferyards may be used between nonresidential and mixed uses within a development, depending on the use types and intensities and the desired compatibility, privacy, and/or security.
3. Along Street Rights-of-Way. Natural buffferyards are the preferred composition along collector and arterial streets.

Effective on: 1/1/1901

Sec. 8-3-1.02 District Bufferyard Standards

Table 8-3-1.02 District Bufferyard Standards
Proposed Use for Development	Adjoining Uses
Proposed Use for Development	RU, RE, SR, SU, NC	AC, TC, PU, BP	SV, UP	IN
RU, RE, SR, SU, NC	N/A	A/B	A/B	A/B
AC, TC, PU, BP	B/A	A/A	B/A	B/B
SV, UP	B/A	A/B	A/A	A/B
IN	B/B	B/B	B/B	B/B

Table 8-3-1.02 District Bufferyard Standards
Proposed Use for Development	Adjoining Uses
Proposed Use for Development	RU, RE, SR, SU, NC	AC, TC, PU, BP	SV, UP	IN
RU, RE, SR, SU, NC	N/A	A/B	A/B	A/B
AC, TC, PU, BP	B/A	A/A	B/A	B/B
SV, UP	B/A	A/B	A/A	A/B
IN	B/B	B/B	B/B	B/B

Existing Adjacent Development without Bufferyards. Where the adjoining property is an existing single-family detached, duplex, or single-family attached residential property or development that does not have the required bufferyard, the proposed mixed use or nonresidential development shall provide a bufferyard of the next higher classification than the greater screening of the two bufferyards required (e.g., if the requirement is A / A, then the screening of the parcel proposed for development must install a Type B bufferyard).
Relationship to Other Bufferyard Requirements. If bufferyards are required by another Section of this UDC along property boundaries, then the greater bufferyard requirement shall supersede the lesser one (only one bufferyard is required).
Buffering Existing Residential Development. New residential development is required to provide an increase in the level of screening of a bufferyard (e.g., from Type A to Type B) when adjacent to an existing single-family detached, duplex, or single-family attached residential property or development, if:
1. The lot widths of the new development are less than 80 percent of the lot widths of the nearest lots of the existing development;
2. The building height(s) of the new development is (are) more than eight feet taller than the building height(s) of the existing property or development; or
3. The housing type that is located on the lots that abut the existing development is more dense than the housing type of the existing development (e.g., new townhome lots abutting existing single-family detached lots).

Effective on: 1/1/1901

Sec. 8-3-1.03 Existing Trees, Fences, and Walls on Developed Property

Existing Landscaping Credit. Credit shall be given for existing trees that are located within bufferyards according to the standards of Section 8-2-1.04, Credit for Existing Trees.

The Administrator, or an appointee, verifies that the existing fence or wall is structurally sound, in good repair, and of an upright condition;
The height and level of screening of the fence or wall meets the intent of this Article with regard to buffering;
The applicant records an agreement with the City that includes appropriate assurances that if the existing fence or wall deteriorates, or is damaged, destroyed, or removed, the applicant will cause it to be repaired or replaced with a fence or wall that meets the bufferyard standards of this Article, as well as the requirements and standards of Section 2-3-4.02, Fences and Walls; and
The applicant's final plat or, if no plat is required, development approval, includes an annotation regarding the applicant's responsibilities under the agreement required by Subsection C.3., above.

Effective on: 1/1/1901

Sec. 8-3-1.04 Street and Railroad Bufferyards

Table 8-3-1.04 Bufferyard Requirements for Streets and Railroads
Use of Proposed Development	Adjoining Street or Railroad Rights-of-Way
Use of Proposed Development	Arterial	Collector	Local	Railroad
RU, RE, SR,SU, NC	B	B	B	B
AC, TC, PU, BP	B	B	B	B
SV, UP	B	A	A	B
IN	B	B	B	B

Table 8-3-1.04 Bufferyard Requirements for Streets and Railroads
Use of Proposed Development	Adjoining Street or Railroad Rights-of-Way
Use of Proposed Development	Arterial	Collector	Local	Railroad
RU, RE, SR,SU, NC	B	B	B	B
AC, TC, PU, BP	B	B	B	B
SV, UP	B	A	A	B
IN	B	B	B	B

Existing Landscaping Credit. Credit shall be given for existing trees that are located within the street or railroad bufferyard according to the standards of Section 8-2-1.04, Credit for Existing Trees.
Relationship to Other Bufferyard Requirements. If bufferyards are required by another section of this UDC along street or railroad rights-of-way, then the greater bufferyard requirement shall supersede the lesser one (only one bufferyard is required).

Effective on: 1/1/1901

Sec. 8-3-1.05 Bufferyards for Parking Lots and Vehicular Use Areas

Where Required. Parking lot bufferyards are required:

Between parking lots and abutting properties and the parking lot(s) of the abutting properties, unless:
1. The area between the parking lot and the abutting property is occupied by a building; or
2. Another type of bufferyard is required and the other required bufferyard provides screening between a height of zero and three feet above grade.
Between parking lots and streets, except in areas where:
1. The elevation of the parking lot is at least three feet below the crown of the street; or
2. The area between the parking lot and the street is occupied by a building or access point to the parcel proposed for development; or
3. Another type of bufferyard is provided along the street that includes buffering between a height of zero and three feet above grade.

Composition. Parking lot bufferyards shall be composed of any one or a combination of the following, set in a bufferyard area that is at least three feet wide:

A three-foot high masonry wall that is constructed of or clad with brick or stone, measured from the surface of the parking lot in the area that is closest to the wall; and/or
An earthen berm with a maximum 3:1 slope (three feet of run per each one foot of rise) that is mounded to a minimum height of three feet, provided shrubs are planted along 25 percent of the linear dimension required to be screened; and/or
Shrubs planted to form a continuous buffer that is at least three feet in height if the plants form a hedge with a comparable level of screening from the ground to three feet in height, or five feet in height if ornamental grasses are used that do not provide a level of screening that is comparable to a hedge at three feet in height. If shrubs or ornamental grasses are used, the landscape area shall be set back from parking spaces:
1. Three feet from the edge of pavement if there are no curbs or wheel stops; or
2. Three feet from the face of the curb or parking bumper that faces the parking space (see Figure 8-3-1.05, Illustrative Composition of Parking Lot Bufferyard).

Figure 8-3-1.05 Illustrative Composition of Parking Lot Bufferyard

Tuck-Under Parking. Tuck-under parking shall be located and accessed behind buildings. It shall be screened from view from adjacent properties and rights-of-way by buildings or a bufferyard that includes a masonry wall that is constructed of or clad with brick or stone, an earthen berm, or combination thereof, that is at least four feet in height, with shrubs planted between the wall and the property or right-of-way line at a density of 30 shrubs per 100 linear feet of wall, and noncanopy trees planted with a spacing of no more than one per 12 feet.
Structured Parking. Structured parking shall be screened from view from public rights-of-way and abutting properties (except at points of ingress and egress) in one or more of the following ways:
1. Liner buildings or other buildings that are not parking structures;
2. A six-foot wide planting strip, planted with noncanopy or canopy trees suitable for street tree installations, spaced no more than 20 feet apart; or
3. A Type B bufferyard.

Effective on: 1/1/1901

Sec. 8-4-1.01 Planting Locations

In addition to the other requirements of this Article, the following rules apply to the installation of plants.

Distance from Utilities.
1. No canopy trees shall be planted under or within 10 lateral feet of any overhead utility lines.
2. No trees, except street tree species that are approved by the City, shall be planted over or within five lateral feet of any underground water line, sewer line, transmission line, or other utility line, or as required by the owner of the utility or the requirements of the easement.
Sight Distance Triangles. Trees shall not be installed in locations where there is a substantial likelihood that the mature form of the tree may be compromised in order to maintain sight distance triangles.

Effective on: 1/1/1901

Sec. 8-4-1.02 Maintenance and Care of Trees and Landscaping

Generally. Nonresidential and mixed-use developments shall provide for the care and maintenance of landscaping and trees within the landscape plan.

Irrigation.

All landscaped areas shall be watered by an automated sprinkler system.
Irrigation systems shall be designed to avoid sprinkling and unnecessary runoff onto paved areas, including parking, loading, and street pavement areas. Prevailing winds shall be considered in the design of the irrigation systems.
Irrigation of constrained areas such as street rights-of-way, parkways, and medians shall be by drip irrigation or other systems that comply with Subsection C.2., above.
No automated irrigation system shall be installed unless authorized by a permit based on irrigation plans approved by the Administrator, and an appointee.
Xeriscaping is encouraged in lieu of traditional landscaping. Irrigation requirements set out in this Section may be waived per the Administrator in favor of xeriscaping.

Maintenance Standards.

All landscaped areas shall be kept free from refuse and debris.
Maintenance and care of landscaping on mixed-use and nonresidential properties shall be according to the most current ANSI A300 Standards for Tree Care Operations.
In other areas, maintenance and care shall meet the following standards:
1. Landscape areas, including abutting landscaped portions of public rights-of-way, shall be pruned as needed to present a healthy, neat, and orderly appearance at all times.
2. All landscaped areas shall be irrigated as needed to ensure continuous healthy growth and development.
3. Maintenance shall include the removal and replacement of dead, dying, or diseased plant material.
4. Trees extending over a street shall be kept pruned so as to not interfere with street traffic.
Nothing in this Section shall require any application or permit from any public utility provider prior to removing a tree whenever it has determined the tree poses a hazard, or interferes with restoration or continuation of utility services.

Open Space Landscaping (including common parking lots, if present). The maintenance responsibility shall be set out in the landscape plan that is required by this Section.
Landscape Surface Area Landscaping (including parking lots). The maintenance responsibility shall be set out in the landscape plan that is required by this Section.
Private Lot Landscaping. Landscaping of private lots shall be the responsibility of the lot owner, unless a declaration of covenants, conditions, and restrictions assigns the responsibility to a property owners' association. The maintenance responsibility shall be noted in the landscape plan that is required by this Section.
Street Trees (as applicable). The maintenance responsibility shall be set out in the landscape plan that is required by this Section.

Approval and Timing of Approval.

Plans meeting the standards of this UDC shall be approved. However, in reviewing the plans, adjustments in the location of plants may be required where the City finds such alterations would better serve the purposes for which they are intended.
Landscape plans containing street trees and open spaces shall be submitted for approval at the preliminary plat application stage.
Landscape plans containing site features, bufferyards, and required landscaping shall be submitted for approval at the building permit stage.

Effective on: 1/1/1901

Sec. 8-4-1.03 Tree Protection During Construction and Development

Generally. Existing trees that are to be counted towards the landscaping requirements of this Chapter shall be protected according to the requirements of this Section.

Tree Protection Requirements. The following efforts shall be utilized to retain existing trees:

Parking areas and building sites shall be located to preserve existing trees.
Grates or other pervious surfaces shall be utilized within the dripline (outermost limit of horizontal branch extension) of existing trees to allow water and air to reach the tree roots.
Fill shall be prohibited in areas under the dripline of existing trees.
Drastic changes in drainage patterns which might negatively affect existing trees shall be avoided.
All trees to be retained shall have perimeter fencing at the extreme outer edge of the tree canopy. The fencing shall be flagged with yellow caution tape or yellow pennants, and shall remain in place throughout the construction period. There shall be no activity of any kind inside the perimeter. No land clearing or building permits shall be issued until the perimeter of all protected trees and tree stands have been properly fenced.
Any person who intentionally damages a protected tree shall be in violation and subject to the penalties prescribed in Chapter 13, Enforcement, Interpretation, Disclaimer, and Repealer.

Effective on: 1/1/1901

Sec. 8-4-2.01 Landscape Plan Approval

Generally.

Compliance with the standards of this Division shall be demonstrated by schematic landscape and irrigation plans and a landscape installation and maintenance plan. Collectively, these documents shall be referred to as the "landscape plan."
Landscape plans for nonresidential and mixed-use development shall be prepared by a registered landscape architect who is licensed to practice in the State of Texas.

A plan view drawing prepared at a standard scale that ensures clarity of the proposal (scale shall be approved by the Administrator), which shall indicate:
1. Existing and proposed topography of the site, shown at one-foot contours;
2. Dimensions and surfacing of all easements, pedestrian walkways, and pedestrian-oriented areas (existing and proposed);
3. Location and dimensions of maintenance easements for drainage facilities;
4. Location of existing and proposed overhead and underground utilities;
5. Location and base flood elevation of floodplains;
6. Dimensions and slopes of storm water detention areas;
7. Dimensions, surface area, and type of planting area (e.g., bufferyard, parking lot landscaping, etc.) for each planting area;
8. The location and quantity of trees and shrubs to be installed, which shall be drawn at three-fourths (¾) of mature size and annotated with genus, species, common name, drought tolerance, and size at planting;
9. The location, quality, size (DBH), and protected root zone of trees that are to be preserved on the site;
10. The location and extent of areas of groundcover; the groundcovers, turf, seed, or inorganic materials to be installed or planted; and the type of underlayment proposed to be used (if any);
11. Dimensions of all landscape elements, including fences, walls, border edge treatments, berms, water features, trash enclosures, street furniture, public art, and recreational facilities, as applicable (the Administrator may require details or specifications for landscape features or structures to be attached to the landscape plan in order to facilitate subsequent inspection);
12. General layout, design, and the wet coverage area of irrigation systems;
13. Special landscape features for storm water detention and treatment, such as green roofs, rain gardens, or bioswales;
14. Dimensions and locations of sight distance triangles; and
15. Any credits that are requested for preserving existing trees pursuant to Section 8-2-1.04, Credit for Existing Trees, or Section 8-3-1.03, Existing Trees, Fences, and Walls on Developed Property.
Information regarding specific design techniques that will be used to prevent water infiltration or damage at the street section may be required by the Administrator if it is found that there is good cause to believe that such damage could occur.

Effective on: 1/1/1901

Magnolia City Zoning Code

CHAPTER 8

Landscaping and Buffering

Sec. 8-1-1.01 Purpose and Intent

Purpose. The standards and requirements set out in this Chapter are intended to:

Protect and preserve the appearance and character of the community;
Promote the health and quality of life of the residents of the City through the protection of specified trees located on property within the City;
Protect the value of the City's natural heritage;
Promote the planting of trees and shrubs that are native to Texas; and
Establish standards for removal, maintenance, and planting of trees.

Effective on: 1/1/1901

Sec. 8-1-1.02 Applicability

Generally. This Chapter requires two general types of landscaping including:

Development Landscaping. See Section 8-2-1.03, Development Landscaping. There are three types of development landscaping:
1. Lot landscaping;
2. Site landscaping; and
3. Parking lot landscaping.
Bufferyard Landscaping. See Article 8-3, Bufferyard Landscaping. Bufferyards are required based on the development type and/or right-of-way type that abuts proposed development. Bufferyards may be required along:
1. Street and railroad rights-of-way;
2. The perimeters of parking lots; and
3. In mixed use development, between individual land uses.

Applicability of Standards. This Article applies to all new development, redevelopment, and substantial improvements, and where specifically indicated, to existing trees and landscaping.

Exceptions. The following are exceptions to the standards of this Article:

Individual lots of record that are used for existing single-family or two-family dwellings unless required by this Article (see Section 8-2-1.02, Land Clearing and Tree Preservation).
Modifications to nonresidential buildings where the building expansion or redevelopment does not exceed the gross floor area of the existing building by more than 10 percent or 3,000 square feet, whichever is less.
Development that was approved in Montgomery County and ETJ prior to the effective date of this UDC shall comply with the terms of the development approval (and not this Article) to the extent that alternative landscaping requirements are already specified. Such approved development shall not be required to install bufferyards if there is insufficient land area identified on the approved plans to accommodate them.
Sites that are proposed for redevelopment or substantial improvement, where due to the geometry of the site or existing improvements, installation of landscaping in compliance within this Chapter would be impractical or unreasonable, in which case the City may approve a lesser landscaping requirement, provided that the reduction of landscaping standards is only the extent necessary to make the installation practicable. In no case shall this exception be interpreted to lessen these requirements for reasons other than those provided.

Effective on: 1/1/1901

Sec. 8-2-1.01 Approved, Allowed, and Prohibited Plants

Is not on any of the following lists:
1. The Texas State Noxious Weed List, U.S. Department of Agriculture; or
2. The prohibited plant list; and
Is either native to the region or not invasive; and
Provides habitat for native wildlife or migratory birds.

Prohibited Plants. Plant species that are listed in Appendix A, Plant Lists as prohibited plants are not allowed and may not be sought for addition to the approved plant list.

Table 8-2-1.01 Minimum Size of Plants at Installation
Type of Plant Material	Minimum Size at Installation
Canopy Tree	3” caliper
Noncanopy Tree	2.5” caliper
Evergreen Tree	6’ in height
Shrub	5 gal. container

Table 8-2-1.01 Minimum Size of Plants at Installation
Type of Plant Material	Minimum Size at Installation
Canopy Tree	3” caliper
Noncanopy Tree	2.5” caliper
Evergreen Tree	6’ in height
Shrub	5 gal. container

Effective on: 1/1/1901

Sec. 8-2-1.02 Land Clearing and Tree Preservation

They are a prohibited species as set out in Appendix A, Plant Lists;
They are unhealthy or structurally unsound and pose a safety hazard to buildings, pedestrians, or vehicular traffic or threaten to cause disruption of public services;
They are weakened by age, storm, fire, disease, or insects;
They are within five feet of an approved building footprint or a paved area of an approved street or parking area or an area required for site grading, surface water drainage, and/or utility installations;
They are within 10 feet of an approved outdoor recreation area that by its nature requires the removal of the trees (e.g., ball fields);
They are within five feet of a utility easement and would interfere with the use of the easement as determined by the Administrator; or
They are necessary to remove to observe good tree maintenance practices which will strengthen and protect other existing trees.

Determination of Land Clearing. A determination of land clearing is predicated on a finding by the City of any of the following:

Removal of five or more trees per platted lot for which the trees have a diameter of six inches or greater, measured 24 inches above grade;
Removal of any protected tree; or
Removal of a significant stand of trees.

No reasonable alternative site design at the same density and intensity could be approved that:
1. Would preserve a significant stand of trees or protected trees; or,
2. If large-scale preservation is not possible, would preserve the largest of the protected trees; or
3. If protection of the largest trees is not possible, would preserve a greater number of protected trees than the proposed development design.
Relocation of the trees to another location on-site or within the City is not practical or economically feasible;
The trees are replaced with the number of new trees for which credit would be given if the protected trees were preserved (see Section 8-2-1.04, Credit for Existing Trees).
Or, mitigation is granted pursuant to Section 8-2-1.05, Mitigation Payments in lieu of Land Clearing or Tree Removal).

Penalty. A penalty may be assessed for failure to comply with the provisions of this Section as set out in Chapter 13, Enforcement, Interpretation, Disclaimer, and Repealer.

(Ord. No. O-2019-004, 02/12/2019; Ord. No. O-2020-006, 02/11/2020)

Effective on: 2/11/2020

Sec. 8-2-1.03 Development Landscaping

Generally.

Site landscaping is required around nonresidential and mixed-use buildings.
Required bufferyards, parking lots, designated open space tracts, and parkways used for street tree planting are not counted as areas where lot or site landscaping is required.
Alternate landscaping plan. The Planning and Zoning Commission may consider and approve an alternate landscaping plan, which is not in compliance with the requirements of this chapter. Such an alternate landscaping plan must meet the objectives and purposes of this chapter. As determined by the Commission, the alternate landscaping plan must clearly be equivalent or superior to a plan that would otherwise be in compliance with this chapter. In making a determination, the Commission may consider factors related to the building and/or site including: public safety and sanitation; the topography, shape, size, or other natural site; the suitability of any alternative screening or buffering proposal; and other similar factors.

Site Landscaping.

Generally. Nonresidential and mixed-use buildings shall be surrounded by planting areas with a minimum width as set out in Table 8-2-1.03, Site Landscaping Requirements.

Table 8-2-1.03 Site Landscaping Requirements
Use	Minimum Radius Around Building
Use	Front and Street Side	Side	Rear
SV, AC, TC, UP, PU, BP, TS	8’¹	6’¹	6’¹
IN	6’¹	6’¹	6’¹
TABLE NOTE: Where planting areas are required, they may be crossed with sidewalks to provide access to the building or buildings. ¹ This applies to public, institutional, and nonresidential buildings.

Table 8-2-1.03 Site Landscaping Requirements
Use	Minimum Radius Around Building
Use	Front and Street Side	Side	Rear
SV, AC, TC, UP, PU, BP, TS	8’¹	6’¹	6’¹
IN	6’¹	6’¹	6’¹
TABLE NOTE: Where planting areas are required, they may be crossed with sidewalks to provide access to the building or buildings. ¹ This applies to public, institutional, and nonresidential buildings.

1. Planting Location. The planting areas are not required in areas that are designed for direct vehicular access to the building, such as loading bays, service bays, and drive-through lanes on the side of the building with a service window, but shall be installed adjacent to the building foundation and between the parking and vehicular use areas and the property line under all other conditions (see Figure 8-2-1.03.1, Site Landscape Planting Areas).

Figure 8-2-1.03.1 Site Landscape Planting Areas

1. Planting Requirements. The required planting area shall be planted as follows:
  1. Front and Street Side. One canopy or noncanopy trees shall be planted within the front and street side planting areas for each 30 linear feet measured parallel to the building, or portion thereof. A continuous row of shrubs shall be planted at intervals of not more than five feet between the primary shrub trunk or from the center of the root ball, as applicable, or the shrubs may be designed in groupings, if an equal or a greater number of plants are used. All remaining ground surface areas shall be in groundcover, which may include sod, ornamental grasses, mulch, or perennial or seasonal plantings. As approved by the City, wet ponds with fountains, vegetated rain gardens, naturalized wetlands, and/or xeriscape gardens may be used in lieu of or together with the required shrubbery and groundcover. Sculptures, monuments, and other public art installations are encouraged, subject to approval of the Commission.
  2. Side. Noncanopy trees shall be planted with a maximum spacing of eight feet between the primary tree trunk or from the center of the root ball, as applicable, which may also be designed in groupings if an equal or a greater number of trees are used. Shrubs shall be planted as set out in Subsection 3.a above. Ornamental grasses may be used to meet up to 25 percent of the shrubbery requirement. All remaining ground surface areas shall be in groundcover, which may include sod, ornamental grasses, mulch, or perennial or seasonal plantings.
  3. Rear. A rear planting area that is adjacent to a drive-through lane or a parking lot with a parking module width of 40 feet or more shall meet the requirements of Subsection 3.b. above. All other rear planting and ground surface areas shall be in groundcover, which may include sod, ornamental grasses, mulch, or perennial or seasonal plantings.
2. Substitution. Noncanopy trees may be substituted for canopy trees as set out in Subsection B.3 above. Noncanopy trees may be substituted for shrubs in areas where there is sufficient room for the healthy growth and stability of the tree at a rate of four shrubs per one noncanopy tree.

Parking Lot Landscaping.
1. Generally. Parking lot landscaping is required within and around parking lots that contain more than five parking spaces, excluding those for single- and two-family dwellings.
2. Parking Lot Landscape Areas. As illustrated in Figure 8-2-1.03.2, Parking Lot Landscape Areas, landscaping is required in all of the following areas:
  1. At the ends of parking aisles, planted in islands that are not less than nine feet wide and 36 feet long, with 10 foot curb radii on the side that faces outward from the parking aisle.
  2. In the middle of parking rows at intervals required by Subsection C.3., below, planted in interior islands that are not less than nine feet wide and 36 feet long, with five foot curb radii at both ends.
  3. At the corners of parking lots, planted in corner islands, which is the area defined by the extension of the edges of intersecting parking modules.

Figure 8-2-1.03.2 Parking Lot Landscape Areas

1. Planting Requirements. Parking lot landscape islands shall be provided at an interval of one island for each 15 parking spaces, or fraction thereof, planted as follows:
  1. Each interior and endcap island shall be planted with a minimum of:
    1. One canopy tree or two noncanopy trees; and
    2. Groundcover, which may be sod, ornamental grasses, or perennial or seasonal plantings, or shrubs planted at intervals of not more than five feet between the primary shrub trunk or from the center of the root ball, as applicable, with the remaining area in groundcover.
  2. Each parking lot corner shall be planted with two canopy trees or five noncanopy trees.
2. Protection of Planting Areas. Planting areas shall be protected by wheel stops and six inch curbs. Curbs may be punctuated to allow for storm water flows into biological treatment areas, as applicable, pursuant to an approved drainage plan, provided that the punctuations do not interfere with their protective function.

(Ord. No. O-2021-023, 10/12/2021)

Effective on: 10/12/2021

Sec. 8-2-1.04 Credit for Existing Trees

Table 8-2-1.04 Credit for Preservation of Trees
Preserved Healthy Tree Unit of Measurement (use whichever one produces the most credit)		Credit
Diameter at Breast Height	Tree Height	Credit
At least 3.5 inches, but less than 5 inches	At least 10 ft., but less than 15 ft.	1 tree
At least 5 inches, but less than 9 inches	At least 15 ft., but less than 24 ft.	2 trees
At least 9 inches, but less than 12 inches	At least 24 ft., but less than 32 ft.	3 trees
At least 12 inches, but less than 16 inches	At least 32 ft., but less than 40 ft.	4 trees
16 inches or more	40 ft. or more	5 trees

Table 8-2-1.04 Credit for Preservation of Trees
Preserved Healthy Tree Unit of Measurement (use whichever one produces the most credit)		Credit
Diameter at Breast Height	Tree Height	Credit
At least 3.5 inches, but less than 5 inches	At least 10 ft., but less than 15 ft.	1 tree
At least 5 inches, but less than 9 inches	At least 15 ft., but less than 24 ft.	2 trees
At least 9 inches, but less than 12 inches	At least 24 ft., but less than 32 ft.	3 trees
At least 12 inches, but less than 16 inches	At least 32 ft., but less than 40 ft.	4 trees
16 inches or more	40 ft. or more	5 trees

Application of Tree Preservation Credit. The tree preservation credit is applied towards the requirements for the area in which the tree is planted. If there are no requirements for that area, the credit applies in the following order of descending priority:
1. Site landscaping requirements;
2. Parking lot landscaping requirements; and
3. Bufferyard requirements, provided that the tree is located between the bufferyard to which the credit applies and the building or use that is being buffered.

Effective on: 1/1/1901

Sec. 8-2-1.05 Mitigation Payments in lieu of Land Clearing or Tree Removal

Variance Permitted.
1. An applicant may seek a variance (see Sec. 12-1-1.02) as to all or a portion of the requirements of Sec. 8-2-1.02, Land Clearing and Tree Preservation, upon the condition that the applicant pay mitigation fees in lieu of preservation or planting to a Tree Mitigation Fund as established by Sec. 8-2-1.06, Tree Mitigation Fund.
2. An applicant for a variance bears the burden of demonstrating compliance with this section and Sec. 8-2-1.06, Tree Mitigation Fund.
3. Mitigation payments per the variance requirements of Sec. 12-1-1.02 may not be sought for any landscaping requirement as provided for in Sec. 8-2-1.03, Development Landscaping.
Mitigation Fees.
1. Generally. Table 8-2-1.05, Mitigation of Tree Requirements, provides the specific mitigation fee payments as applied to Diameter at Breast Height (DBH) and Tree Height of a healthy tree unit.
2. Application of Table. The mitigation fee to be applied is to be the lesser of the two values as determined between the DBH and the height of the tree at issue. For Example, if the DBH is 7 inches and the height of the tree is 36 ft., a mitigation fee of $700 is to be applied.

Table 8-2-1.05 Mitigation of Tree Requirements¹
Diameter at Breast Height (DBH)	Tree Height	Mitigation Fee
At least 3.5 inches, but less than 5 inches	At least 10 ft., but less than 15 ft.	$400
At least 5 inches, but less than 9 inches	At least 15 ft., but less than 24 ft.	$700
At least 9 inches, but less than 12 inches	At least 24 ft., but less than 32 ft.	$1,000
At least 12 inches, but less than 16 inches	At least 32 ft., but less than 40 ft.	$1,400
16 inches or more	40 ft. or more	$1,700
¹ If the Diameter at Breast Height (DBH) is less than 3.5 inches or if the height of the tree is less than 10 ft. then no mitigation fee is required.

(Ord. No. O-2019-004, 02/12/2019)

Effective on: 2/12/2019

Sec. 8-2-1.06 Tree Mitigation Fund

Expenditure of Funds.

Generally. The assets of the fund shall be expended under the direction of the Administrator 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. The funds may be used for no other purposes than as listed in this section.
Planting Costs. Planting costs payable from the fund include the installation of related irrigation equipment and other measures necessary for the protection and subsequent maintenance of new trees for a period of up to three years following planting.

(Ord. No. O-2019-004, 02/12/2019)

Effective on: 2/12/2019

Sec. 8-3-1.01 Bufferyard Types

Composition of Bufferyards. Bufferyards may be classified as:

Structural bufferyards, which include the use of a wall or a fence to achieve the required level of screening; and
Natural bufferyards, which include the use of an earthen berm and a higher density of plant materials to achieve the required level of screening.

Table 8-3-1.01 Bufferyard Classifications
Type	Width	Required Plantings per 100 Linear Feet (Structural / Natural)				Height of Berm, Wall or Fence¹
Type	Width	Canopy Trees	Evergreen Trees	Noncanopy Trees	Shrubs	Height of Berm, Wall or Fence¹
Type A	10’	2 / 3	2 / 2	2 / 1	20 / 20	-
Type B	20’	3 / 6	3 / 3	3 / 4	30 / 30	3’
TABLE NOTE: ¹A berm, wall, or fence is not required for naturalized buffers.

Table 8-3-1.01 Bufferyard Classifications
Type	Width	Required Plantings per 100 Linear Feet (Structural / Natural)				Height of Berm, Wall or Fence¹
Type	Width	Canopy Trees	Evergreen Trees	Noncanopy Trees	Shrubs	Height of Berm, Wall or Fence¹
Type A	10’	2 / 3	2 / 2	2 / 1	20 / 20	-
Type B	20’	3 / 6	3 / 3	3 / 4	30 / 30	3’
TABLE NOTE: ¹A berm, wall, or fence is not required for naturalized buffers.

Bufferyard Locations. Bufferyards are required in four locations, as follows:
1. Between residential and nonresidential/mixed uses;
2. Between nonresidential and mixed uses;
3. Along street and railroad rights-of-way; and
4. Around parking and vehicular use areas.
Use of Bufferyards in Certain Locations.
1. Between Nonresidential/Mixed Uses and Residential Uses. Structural and natural bufferyards are the preferred composition along nonresidential/mixed uses and residential uses that are not a street, or where there is a specific privacy or security need that requires a wall or fence.
2. Between Nonresidential and Mixed Uses. Structural or natural bufferyards may be used between nonresidential and mixed uses within a development, depending on the use types and intensities and the desired compatibility, privacy, and/or security.
3. Along Street Rights-of-Way. Natural buffferyards are the preferred composition along collector and arterial streets.

Effective on: 1/1/1901

Sec. 8-3-1.02 District Bufferyard Standards

Table 8-3-1.02 District Bufferyard Standards
Proposed Use for Development	Adjoining Uses
Proposed Use for Development	RU, RE, SR, SU, NC	AC, TC, PU, BP	SV, UP	IN
RU, RE, SR, SU, NC	N/A	A/B	A/B	A/B
AC, TC, PU, BP	B/A	A/A	B/A	B/B
SV, UP	B/A	A/B	A/A	A/B
IN	B/B	B/B	B/B	B/B

Table 8-3-1.02 District Bufferyard Standards
Proposed Use for Development	Adjoining Uses
Proposed Use for Development	RU, RE, SR, SU, NC	AC, TC, PU, BP	SV, UP	IN
RU, RE, SR, SU, NC	N/A	A/B	A/B	A/B
AC, TC, PU, BP	B/A	A/A	B/A	B/B
SV, UP	B/A	A/B	A/A	A/B
IN	B/B	B/B	B/B	B/B

Existing Adjacent Development without Bufferyards. Where the adjoining property is an existing single-family detached, duplex, or single-family attached residential property or development that does not have the required bufferyard, the proposed mixed use or nonresidential development shall provide a bufferyard of the next higher classification than the greater screening of the two bufferyards required (e.g., if the requirement is A / A, then the screening of the parcel proposed for development must install a Type B bufferyard).
Relationship to Other Bufferyard Requirements. If bufferyards are required by another Section of this UDC along property boundaries, then the greater bufferyard requirement shall supersede the lesser one (only one bufferyard is required).
Buffering Existing Residential Development. New residential development is required to provide an increase in the level of screening of a bufferyard (e.g., from Type A to Type B) when adjacent to an existing single-family detached, duplex, or single-family attached residential property or development, if:
1. The lot widths of the new development are less than 80 percent of the lot widths of the nearest lots of the existing development;
2. The building height(s) of the new development is (are) more than eight feet taller than the building height(s) of the existing property or development; or
3. The housing type that is located on the lots that abut the existing development is more dense than the housing type of the existing development (e.g., new townhome lots abutting existing single-family detached lots).

Effective on: 1/1/1901

Sec. 8-3-1.03 Existing Trees, Fences, and Walls on Developed Property

Existing Landscaping Credit. Credit shall be given for existing trees that are located within bufferyards according to the standards of Section 8-2-1.04, Credit for Existing Trees.

The Administrator, or an appointee, verifies that the existing fence or wall is structurally sound, in good repair, and of an upright condition;
The height and level of screening of the fence or wall meets the intent of this Article with regard to buffering;
The applicant records an agreement with the City that includes appropriate assurances that if the existing fence or wall deteriorates, or is damaged, destroyed, or removed, the applicant will cause it to be repaired or replaced with a fence or wall that meets the bufferyard standards of this Article, as well as the requirements and standards of Section 2-3-4.02, Fences and Walls; and
The applicant's final plat or, if no plat is required, development approval, includes an annotation regarding the applicant's responsibilities under the agreement required by Subsection C.3., above.

Effective on: 1/1/1901

Sec. 8-3-1.04 Street and Railroad Bufferyards

Table 8-3-1.04 Bufferyard Requirements for Streets and Railroads
Use of Proposed Development	Adjoining Street or Railroad Rights-of-Way
Use of Proposed Development	Arterial	Collector	Local	Railroad
RU, RE, SR,SU, NC	B	B	B	B
AC, TC, PU, BP	B	B	B	B
SV, UP	B	A	A	B
IN	B	B	B	B

Table 8-3-1.04 Bufferyard Requirements for Streets and Railroads
Use of Proposed Development	Adjoining Street or Railroad Rights-of-Way
Use of Proposed Development	Arterial	Collector	Local	Railroad
RU, RE, SR,SU, NC	B	B	B	B
AC, TC, PU, BP	B	B	B	B
SV, UP	B	A	A	B
IN	B	B	B	B

Existing Landscaping Credit. Credit shall be given for existing trees that are located within the street or railroad bufferyard according to the standards of Section 8-2-1.04, Credit for Existing Trees.
Relationship to Other Bufferyard Requirements. If bufferyards are required by another section of this UDC along street or railroad rights-of-way, then the greater bufferyard requirement shall supersede the lesser one (only one bufferyard is required).

Effective on: 1/1/1901

Sec. 8-3-1.05 Bufferyards for Parking Lots and Vehicular Use Areas

Where Required. Parking lot bufferyards are required:

Between parking lots and abutting properties and the parking lot(s) of the abutting properties, unless:
1. The area between the parking lot and the abutting property is occupied by a building; or
2. Another type of bufferyard is required and the other required bufferyard provides screening between a height of zero and three feet above grade.
Between parking lots and streets, except in areas where:
1. The elevation of the parking lot is at least three feet below the crown of the street; or
2. The area between the parking lot and the street is occupied by a building or access point to the parcel proposed for development; or
3. Another type of bufferyard is provided along the street that includes buffering between a height of zero and three feet above grade.

Composition. Parking lot bufferyards shall be composed of any one or a combination of the following, set in a bufferyard area that is at least three feet wide:

A three-foot high masonry wall that is constructed of or clad with brick or stone, measured from the surface of the parking lot in the area that is closest to the wall; and/or
An earthen berm with a maximum 3:1 slope (three feet of run per each one foot of rise) that is mounded to a minimum height of three feet, provided shrubs are planted along 25 percent of the linear dimension required to be screened; and/or
Shrubs planted to form a continuous buffer that is at least three feet in height if the plants form a hedge with a comparable level of screening from the ground to three feet in height, or five feet in height if ornamental grasses are used that do not provide a level of screening that is comparable to a hedge at three feet in height. If shrubs or ornamental grasses are used, the landscape area shall be set back from parking spaces:
1. Three feet from the edge of pavement if there are no curbs or wheel stops; or
2. Three feet from the face of the curb or parking bumper that faces the parking space (see Figure 8-3-1.05, Illustrative Composition of Parking Lot Bufferyard).

Figure 8-3-1.05 Illustrative Composition of Parking Lot Bufferyard

Tuck-Under Parking. Tuck-under parking shall be located and accessed behind buildings. It shall be screened from view from adjacent properties and rights-of-way by buildings or a bufferyard that includes a masonry wall that is constructed of or clad with brick or stone, an earthen berm, or combination thereof, that is at least four feet in height, with shrubs planted between the wall and the property or right-of-way line at a density of 30 shrubs per 100 linear feet of wall, and noncanopy trees planted with a spacing of no more than one per 12 feet.
Structured Parking. Structured parking shall be screened from view from public rights-of-way and abutting properties (except at points of ingress and egress) in one or more of the following ways:
1. Liner buildings or other buildings that are not parking structures;
2. A six-foot wide planting strip, planted with noncanopy or canopy trees suitable for street tree installations, spaced no more than 20 feet apart; or
3. A Type B bufferyard.

Effective on: 1/1/1901

Sec. 8-4-1.01 Planting Locations

In addition to the other requirements of this Article, the following rules apply to the installation of plants.

Distance from Utilities.
1. No canopy trees shall be planted under or within 10 lateral feet of any overhead utility lines.
2. No trees, except street tree species that are approved by the City, shall be planted over or within five lateral feet of any underground water line, sewer line, transmission line, or other utility line, or as required by the owner of the utility or the requirements of the easement.
Sight Distance Triangles. Trees shall not be installed in locations where there is a substantial likelihood that the mature form of the tree may be compromised in order to maintain sight distance triangles.

Effective on: 1/1/1901

Sec. 8-4-1.02 Maintenance and Care of Trees and Landscaping

Generally. Nonresidential and mixed-use developments shall provide for the care and maintenance of landscaping and trees within the landscape plan.

Irrigation.

All landscaped areas shall be watered by an automated sprinkler system.
Irrigation systems shall be designed to avoid sprinkling and unnecessary runoff onto paved areas, including parking, loading, and street pavement areas. Prevailing winds shall be considered in the design of the irrigation systems.
Irrigation of constrained areas such as street rights-of-way, parkways, and medians shall be by drip irrigation or other systems that comply with Subsection C.2., above.
No automated irrigation system shall be installed unless authorized by a permit based on irrigation plans approved by the Administrator, and an appointee.
Xeriscaping is encouraged in lieu of traditional landscaping. Irrigation requirements set out in this Section may be waived per the Administrator in favor of xeriscaping.

Maintenance Standards.

All landscaped areas shall be kept free from refuse and debris.
Maintenance and care of landscaping on mixed-use and nonresidential properties shall be according to the most current ANSI A300 Standards for Tree Care Operations.
In other areas, maintenance and care shall meet the following standards:
1. Landscape areas, including abutting landscaped portions of public rights-of-way, shall be pruned as needed to present a healthy, neat, and orderly appearance at all times.
2. All landscaped areas shall be irrigated as needed to ensure continuous healthy growth and development.
3. Maintenance shall include the removal and replacement of dead, dying, or diseased plant material.
4. Trees extending over a street shall be kept pruned so as to not interfere with street traffic.
Nothing in this Section shall require any application or permit from any public utility provider prior to removing a tree whenever it has determined the tree poses a hazard, or interferes with restoration or continuation of utility services.

Open Space Landscaping (including common parking lots, if present). The maintenance responsibility shall be set out in the landscape plan that is required by this Section.
Landscape Surface Area Landscaping (including parking lots). The maintenance responsibility shall be set out in the landscape plan that is required by this Section.
Private Lot Landscaping. Landscaping of private lots shall be the responsibility of the lot owner, unless a declaration of covenants, conditions, and restrictions assigns the responsibility to a property owners' association. The maintenance responsibility shall be noted in the landscape plan that is required by this Section.
Street Trees (as applicable). The maintenance responsibility shall be set out in the landscape plan that is required by this Section.

Approval and Timing of Approval.

Plans meeting the standards of this UDC shall be approved. However, in reviewing the plans, adjustments in the location of plants may be required where the City finds such alterations would better serve the purposes for which they are intended.
Landscape plans containing street trees and open spaces shall be submitted for approval at the preliminary plat application stage.
Landscape plans containing site features, bufferyards, and required landscaping shall be submitted for approval at the building permit stage.

Effective on: 1/1/1901

Sec. 8-4-1.03 Tree Protection During Construction and Development

Generally. Existing trees that are to be counted towards the landscaping requirements of this Chapter shall be protected according to the requirements of this Section.

Tree Protection Requirements. The following efforts shall be utilized to retain existing trees:

Parking areas and building sites shall be located to preserve existing trees.
Grates or other pervious surfaces shall be utilized within the dripline (outermost limit of horizontal branch extension) of existing trees to allow water and air to reach the tree roots.
Fill shall be prohibited in areas under the dripline of existing trees.
Drastic changes in drainage patterns which might negatively affect existing trees shall be avoided.
All trees to be retained shall have perimeter fencing at the extreme outer edge of the tree canopy. The fencing shall be flagged with yellow caution tape or yellow pennants, and shall remain in place throughout the construction period. There shall be no activity of any kind inside the perimeter. No land clearing or building permits shall be issued until the perimeter of all protected trees and tree stands have been properly fenced.
Any person who intentionally damages a protected tree shall be in violation and subject to the penalties prescribed in Chapter 13, Enforcement, Interpretation, Disclaimer, and Repealer.

Effective on: 1/1/1901

Sec. 8-4-2.01 Landscape Plan Approval

Generally.

Compliance with the standards of this Division shall be demonstrated by schematic landscape and irrigation plans and a landscape installation and maintenance plan. Collectively, these documents shall be referred to as the "landscape plan."
Landscape plans for nonresidential and mixed-use development shall be prepared by a registered landscape architect who is licensed to practice in the State of Texas.

A plan view drawing prepared at a standard scale that ensures clarity of the proposal (scale shall be approved by the Administrator), which shall indicate:
1. Existing and proposed topography of the site, shown at one-foot contours;
2. Dimensions and surfacing of all easements, pedestrian walkways, and pedestrian-oriented areas (existing and proposed);
3. Location and dimensions of maintenance easements for drainage facilities;
4. Location of existing and proposed overhead and underground utilities;
5. Location and base flood elevation of floodplains;
6. Dimensions and slopes of storm water detention areas;
7. Dimensions, surface area, and type of planting area (e.g., bufferyard, parking lot landscaping, etc.) for each planting area;
8. The location and quantity of trees and shrubs to be installed, which shall be drawn at three-fourths (¾) of mature size and annotated with genus, species, common name, drought tolerance, and size at planting;
9. The location, quality, size (DBH), and protected root zone of trees that are to be preserved on the site;
10. The location and extent of areas of groundcover; the groundcovers, turf, seed, or inorganic materials to be installed or planted; and the type of underlayment proposed to be used (if any);
11. Dimensions of all landscape elements, including fences, walls, border edge treatments, berms, water features, trash enclosures, street furniture, public art, and recreational facilities, as applicable (the Administrator may require details or specifications for landscape features or structures to be attached to the landscape plan in order to facilitate subsequent inspection);
12. General layout, design, and the wet coverage area of irrigation systems;
13. Special landscape features for storm water detention and treatment, such as green roofs, rain gardens, or bioswales;
14. Dimensions and locations of sight distance triangles; and
15. Any credits that are requested for preserving existing trees pursuant to Section 8-2-1.04, Credit for Existing Trees, or Section 8-3-1.03, Existing Trees, Fences, and Walls on Developed Property.
Information regarding specific design techniques that will be used to prevent water infiltration or damage at the street section may be required by the Administrator if it is found that there is good cause to believe that such damage could occur.

Effective on: 1/1/1901