A.

Purpose. The purpose of this Division is to provide for the preservation, protection, and mitigation of existing trees during development of land. Existing trees, particularly native species, add natural beauty and distinct local character, add shade, promote water conservation, provide natural buffering, and increase property values. Preservation of as many existing trees as practicable is the intent of these requirements.

B.

Applicability. The standards of this Division apply to all development, redevelopment, and substantial improvement within the City limits. Clear-cutting of property or removal of protected or heritage trees is prohibited without approval of a permit denoting compliance with the provisions of this Section. Properties clear-cut for any reason are not eligible for approval of a Preliminary Plat or Site Development Permit for a period of three years.

C.

Exemptions. The following are exemptions from the standards of this Division:

1.

Existing single-family lots of record;

2.

Agricultural vegetation removal;

3.

Trees that are dead, diseased, or determined to be a safety hazard as determined by the Director or their designee; and

4.

Street and utility improvements. However, to the extent practicable, all efforts shall be made to preserve trees located within existing and planned street rights-of-way and utility easements.

A.

Applicability.

1.

Single-Family, Duplex, and Townhouse Residential. Subdivision plats for single-family and duplex residential development within the City limits shall account for heritage trees within the property in accordance with the provisions of this Section.

2.

All Other Development. All other development, including nonresidential and multifamily, within the City limits shall account for heritage trees and protected trees within the property in accordance with the provisions of this Section.

B.

Protected and Heritage Trees Defined.

1.

Protected Tree. A Live Oak, Post Oak, Shumard Oak, Bur Oak, Chinquapin Oak, Monterey Oak, Bald Cypress, American Elm, Cedar Elm, Pecan, Walnut, Texas Ash, or Southern Magnolia tree with a diameter breast height (DBH) of 12 inches or greater.

2.

Heritage Tree. A Live Oak, Post Oak, Shumard Oak, Bur Oak, Chinquapin Oak, Monterey Oak, Bald Cypress, American Elm, Cedar Elm, Pecan, Walnut, Texas Ash, or Southern Magnolia tree with a diameter breast height (DBH) of 24 inches or greater.

C.

Tree Survey and Tree Preservation Plan.

1.

Tree Survey. A tree survey and tree preservation plan must be approved prior to any removal of protected or heritage trees. The tree survey shall graphically identify the location, size, and species of any trees required to be protected per Table 9.1.2, Tree Protection and Mitigation Standards. Certain areas of the parcel proposed for development may be designated as no-cut zones on the tree survey. These areas are not required to be surveyed and shall not factor into the minimum preservation percentages and mitigation requirements, provided no trees are removed.

2.

Tree Preservation Plan. The preservation plan shall identify which trees are to be preserved, which are to be removed, and provide calculations for the mitigation of those removed. Tree surveys shall be performed by a licensed surveyor, landscape architect, or arborist. If there are no protected trees or heritage trees on the site, the licensed surveyor, landscape architect, or arborist shall certify in writing that no such trees exist and a survey is not necessary.

D.

Tree Protection and Mitigation Standards. Protected and heritage trees meeting the minimum size requirements set out in Table 9.1.2, Tree Protection and Mitigation Standards, shall be protected.

E.

Alternative Standards.

1.

On-Site Preservation Alternative. If 20 percent of the combined total diameter of protected or heritage trees cannot be preserved on site, then removal of those trees shall be limited to the minimum extent possible and mitigated at two times the minimum replacement ratio.

2.

Fee-In-Lieu Alternative. If replacement tree plantings cannot be fully accommodated on site, then the Director may consider an alternative fee-in-lieu payment to the City of Marble Falls Tree Replacement Fund. Payments to the fund will be on a per inch basis and are set out in Appendix C, Master Fee Schedule, of the City Code of Ordinances. Payments to the Tree Replacement Fund will be used for the sole purpose of planting trees on public property including parks, along streets, and in common open spaces and can also be used for pruning, irrigation, and maintenance of those trees. Replacement trees and fee-in-lieu payment may be combined to satisfy the requirement.

F.

Tree Credits for Landscaping. Trees that are either preserved or planted on site as mitigation for removal are eligible to be counted towards the landscaping requirements of this Article.

G.

Tree Protection During Construction. No construction or disturbance shall occur within an area that constitutes more than 50 percent of the total critical root zone (CRZ) and one-half the radial distance of the CRZ for each tree being preserved. During construction, this defined area shall be flagged and encircled with protective fencing and a three-inch layer of mulch spread beneath the drip line.

(Ord. No. 2019-O-05A, § II.F.1, 5-21-2019)

A.

Purpose and Intent. The purpose of this Division is to establish landscaping standards that protect and preserve the appearance and character of the City, improve the compatibility of abutting uses, protect the health and quality of life of the residents through the benefits of trees and landscaping, and conserve scarce water resources by promoting the planting of native and drought-resistant trees and shrubs.

B.

Applicability of Standards. This Division applies to all new development, redevelopment, and substantial improvements in the City limits, and where specifically indicated, to existing trees and landscaping. The application of this Division may be limited by Article 12, Nonconformities.

C.

Alternative Landscape Standards. Alternative landscape standards may be proposed and submitted to the Director for approval of an Administrative Exception per Section 11.5.4, Administrative Exception, provided the aesthetic, buffering and environmental intent of the requirements of this Chapter are met. The Director may approve alternatives including but not limited to site design, spacing, locations, numbers and species. The use of above ground architectural planters may contribute toward up to 10% of the fulfillment of landscape requirements, as approved by the Director.

(Ord. No. 2019-O-05A, § II.F.2, 5-21-2019)

A.

Generally. Compliance with the standards of this Division shall be demonstrated by the submittal and approval of a landscape plan. A landscape plan is required as follows:

1.

Single-Family, Duplex, and Townhouse Residential. Residential bufferyards, common area amenities, and any other area which is used to comply with minimum open space area requirements shall be delineated and submitted with the subdivision's Construction Plans. A landscape plan is not required for landscaping required or provided on an individual single-family, duplex, or townhouse lot.

2.

All Other Development. Apartment, civic, commercial, industrial, and mixed-use landscaping, open space, and bufferyard requirements shall be delineated and submitted with the Site Development Plan.

B.

Contents of Landscape Plan. The landscape plan shall include the elements that are set out in this Section and shall be prepared by a landscape design professional. The landscape plan shall include the following information:

1.

Plan Drawing. A plan view, drawn to scale, depicting:

a.

The location and species of each plant;

b.

The location of existing protected and heritage trees for which mitigation replacement is requested;

c.

The location and dimensions of property lines and easements, building footprints, pervious surfaces, fences/walls, water features and utilities; and

d.

A schematic irrigation plan.

2.

Landscape Calculations. A table depicting size and quantity calculations for each tree and shrub as required by this Division.

3.

Additional Information. The Director is also authorized to require additional information on the landscape plan as needed to administer the requirements of these regulations.

C.

Installation and On-Going Maintenance. Required landscaping shall be installed and maintained in accordance with the approved plans and as set out below:

1.

Installation.

a.

Required landscaping shall be installed prior to issuance of a Certificate of Occupancy. The Director may grant a temporary Certificate of Occupancy to allow for postponement of the installation of required landscaping during periods of drought or extreme weather conditions. If installation of required landscaping is postponed, the developer shall be required to maintain appropriate erosion control measures.

b.

On-site construction changes that affect an approved landscape plan shall be reviewed and approved by the Director.

2.

On-Going Maintenance.

a.

Landscape areas and plantings required by this Division shall be continuously maintained and all plant materials that become diseased or die shall be replaced by the owner/operator in a reasonably quick manner. Landscaping in common open space areas shall be maintained by a property owners' association that is established pursuant to the requirements of Section 4.1.5, Property Owners' Associations, Covenants, Conditions and Restrictions, or other entity acceptable to the City. The maintenance responsibility shall be set out in the approved landscape plan required by this Division.

b.

The City may inspect each site periodically after issuance of the Certificate of Occupancy to ensure compliance with this Division.

c.

Trees and plants shall be pruned and cared for in a manner that is most healthful for the particular species. Topping off trees or excessive canopy raising and pruning is prohibited for preserved and replacement trees. Screening and bufferyard plants shall be maintained at the appropriate height and fullness to provide the opacity necessary for its function. Adequate soil, mulch, and proper irrigation shall be maintained for all species throughout their lifespan.

A.

Generally. The selection of plant species and materials shall comply with the following:

1.

Approved Landscape Plants. Only approved plant materials, as set out in the City-published Approved Plant List, shall count towards the landscape requirements of this Section. The City shall make this list available to the public and may make periodic updates to the list as necessary.

2.

Quality of New Plantings. All landscape material shall be in compliance with the standards of the American Nursery and Landscape Association.

3.

Minimum Size and Spacing of Plants at Installation. Plant material shall be of the sizes set out in Table 9.2.3, Minimum Size and Spacing of Plants at Installation.

4.

Landscape Berms. The slope of either side of a landscape berm shall not exceed 50% or 1:2.

(Ord. No. 2019-O-05A, § II.F.3, 5-21-2019)

A.

Generally. New landscaping on single-family, duplex, and townhouse parcels proposed for development shall comply with the standards of this Section. Any plants in excess of the minimum required plants may be installed in any location on the lot provided that the additional plantings have adequate room for healthy growth and stability, do not negatively affect drainage of stormwater, and do not restrict sight triangle visibility.

B.

Shade Trees. Within the front yard setback outside of any utility easement, one shade tree shall be planted for the first 50 feet of frontage and one shade tree for each additional 40 feet of frontage, or fraction thereof. Trees shall be installed prior to the issuance of the Certificate of Occupancy.

C.

Substitution of Trees. Existing trees preserved within the front yard setback may count toward the shade tree requirement if shown to be in a healthful condition and providing shade canopy comparable to a full-grown shade tree. If existing trees are to remain, the tree protection measures of Subsection 9.1.2.G, Tree Protection During Construction, shall apply.

D.

Landscaped Area. Areas of residential lots that are not covered by buildings, driveways, swimming pools, or other improved hard surfaces that have been disturbed during construction shall be hydro mulched or sodded with a warm-weather grass variety or landscaped with groundcovers, plants, mulch, or pervious rock bed unless they are covered by natural woodlands or other natural areas. Artificial or synthetic turf is permitted only in a rear yard and shall not count as a pervious surface.

E.

Street Trees. Street trees located in the public right-of-way that are installed with new development shall be maintained by the developer, lot owner, tenant, property owners' association, or other entity having a legal interest in the ownership of the subdivision or lots in the subdivision. The maintenance responsibility shall be set out in the landscape plan that is required by this Division.

F.

Residential Perimeter Screening. For residential parcels proposed for development consisting of single-family, duplex, or townhouse uses along major collector and arterial streets, perimeter screening shall be required as set out in Section 4.6.4, Fences and Walls.

A.

Generally. New landscaping on nonresidential, mixed-use, and apartment parcels proposed for development shall comply with the standards of this Section. Any plants in excess of the minimum required plants may be installed in any location on the lot provided that the additional plantings have adequate room for healthy growth and stability, do not negatively affect drainage of stormwater, and do not restrict sight triangle visibility.

B.

Shade Trees. Two shade trees, or one shade tree and three ornamental trees, shall be installed for every 50 linear feet of street frontage, or fraction thereof. The shade tree(s) shall be located within the front or street side setback. In the DN and DT districts subject to build-to requirements, the shade tree(s) shall be spaced every 30 linear feet and placed in tree wells located within the street furniture/landscape zone of the public right-of-way adjacent to the street edge and meeting the standards for tree wells per the City's TCSS, provided a 6-foot minimum unhindered pedestrian way is maintained.

C.

Substitution of Trees. Existing trees preserved within the front yard setback may count toward the shade tree requirement if shown to be in a healthful condition and providing shade canopy comparable to a full-grown shade tree. If existing trees are to remain, the tree protection measures of Subsection 9.1.2.G, Tree Protection During Construction, shall apply.

D.

Groundcover Materials. Areas that are not covered by buildings, driveways, swimming pools, or other improved hard surfaces that have been disturbed during construction shall be sodded with a warm-weather grass variety or landscaped with groundcovers, plants, mulch, or pervious rock bed unless they are covered by natural woodlands or other natural areas. Artificial or synthetic turf is permitted only in a rear yard and shall not count as a pervious surface.

E.

Street Yard Landscape Area. A landscaped street edge ensures an aesthetic visual buffer between the street or sidewalk and building or parking area. New nonresidential development shall include a street yard landscaped area 10 feet deep from the lot line along all public streets, except where a build-to requirement conflicts. At the approval of the Director, the 10-foot area may be located within the public right-of-way with the appropriate approvals and/or licenses, or set back further from the lot line to avoid utility conflicts or provide for better site design. All street yard landscaped areas shall provide two shade trees and 10 shrubs for every 500-square feet. of defined street yard landscaped area.

F.

Perimeter Parking Lot Screening. Screening is required in order to minimize visual impacts of parked vehicles, vehicle lights, and parking lots, and to provide a continuous, appealing buffer area. Parking lots shall be screened along street frontage, access drives, and from abutting properties as follows:

1.

Minimum Requirements. All parking lot screening shall be a minimum of three feet in height and be achieved through one or more of the following methods:

a.

A vegetated hedge of an evergreen species;

b.

A vegetated or grassy berm;

c.

An opaque or semi-opaque fence or wall meeting the material requirements in Section 4.6.4, Fences and Walls (maximum height 3.5 feet);

d.

A vegetated climbing wall or screen of an evergreen species (maximum height 3.5 feet); or

e.

A combination of any of the above.

2.

Exceptions. Screening shall not be required in the following situations:

a.

If change in grade or elevation provides an equivalent level of screening for the parking, as determined by the Director.

b.

Parking spaces provided in a multi-tenant shopping center in conjunction with shared access and/or shared parking between those properties.

c.

Parking space directly accessed from an alley shall not be required to screen from the alley or adjacent property but shall be required to screen from an adjacent street right-of-way.

G.

Parking Lot Landscaping. Parking lots are required to be landscaped as follows:

1.

Each row of parking shall include an interior or endcap island for every 12 parking spaces, which shall include the following landscaping features:

a.

One shade tree per parking row, provided that no parking space is located further than 50 feet from the trunk of a tree; and

b.

Groundcover, perennials, native grasses, mulch or accented rock.

2.

Each interior or endcap tree island, or any tree planting area in or along the perimeter of a parking lot, shall have a minimum non-compacted, pervious area of at least 100 square feet and have a minimum interior dimension of 10 feet wide, exclusive of the curb dimensions. Paving material may be used within the first foot of any interior or endcap tree island to allow people to access their vehicle and to minimize the impact to landscaping.

3.

Each interior or endcap tree island, or any tree planting area in or along the perimeter of a parking lot, shall be protected by vertical six-inch curbs (or wheel stops when a vehicle directly faces the landscaping) per the specifications of the City Engineer. Curbs may be punctuated to allow for stormwater flows into biological treatment areas, as applicable, pursuant to an approved drainage plan, provided that the punctuations do not interfere with their protective function (see Subsection 9.2.5.H, Use of Islands for Low Impact Development, below).

4.

Parking lot lighting shall not be located within, or interfere with, the future growth area of shade trees.

H.

Use of Islands for Low Impact Development. Wherever possible, landscape areas may be used for low impact development (LID) to satisfy stormwater management requirements. These landscape areas may have larger minimum size areas to ensure engineering best management practices (BMPs) are met (see Division 5.4, Low Impact Development).

(Ord. No. 2019-O-05A, § II.F.4, 5-21-2019)

A.

Generally. Bufferyards are required to ensure compatibility between different areas of use, housing type, or density by providing a landscaped buffer between properties. Bufferyards are open spaces that are generally comprised of pervious surfaces with trees, plants, and other types of screening installed in accordance with this Division.

B.

Bufferyard Classifications. Bufferyards are classified according to zoning district for properties that are not separated by a public or private street. Table 9.3.1.A, Bufferyard Classifications, establishes the bufferyard which applies to parcels proposed for development based on the abutting land to be buffered.

C.

Bufferyard Requirements. Table 9.3.1.B, Bufferyard Requirements, establishes the bufferyard standards to each bufferyard type.