A.

Conformity with Comprehensive Land Plan. All subdivisions shall conform to the Comprehensive Land Plan for orderly and unified development of streets, utilities, neighborhood design, and public land and facilities, as well as other provisions of this UDC and other applicable ordinances, codes and regulations. Standards and design criteria contained herein and in the Public Works Specifications Manual represent minimum values considered necessary for the health, safety and welfare of the community. The design engineer and developer are required to meet or exceed the requirements of these standards by providing a more conservative design criteria. However, they shall not permit their design to fall below the standards of this UDC. Where there is a conflict between the regulations contained within this Article and regulations or standards contained within any other ordinance, code or regulation of the City, the more restrictive regulation shall apply. Approval of plans and specifications by the City shall not be construed as relieving the design engineer/developer of responsibility for compliance with this UDC, nor with any other local, county or state authority having jurisdiction.

B.

Achieving desirable neighborhood development. Residential subdivisions shall be designed to take advantage of the principles and general designs for neighborhood development as established by the Comprehensive Land Plan and the Planning and Zoning Commission in order to achieve the most advantageous development of the entire neighborhood unit in which the subdivision is located.

C.

Provision for future subdivision. All subdivisions shall be so arranged as to allow logical further subdivision and opening of future streets and shall coordinate with adjoining existing and/or future subdivisions.

D.

Standards for site improvements. All streets, alleys, sidewalks, utility installations and other site improvements required to be installed by the subdivider under the provisions of these regulations shall conform to the requirements of this Article and to the Public Works Specifications Manual or other approved agencies responsible for design, construction methods and standards, payments, refunds, credits and other financial arrangements.

A.

The length, width and shape of blocks will be determined with due regard to:

1.

provisions of adequate building sites suitable to the special needs of the type of use contemplated (note that the Planning and Zoning Commission may require that the block and lot size bear reasonable relation to the planned use of the land);

2.

zoning requirements as to lot sizes and dimensions; and

3.

need for convenient access, circulation, control and safety of street traffic.

B.

In general, intersecting streets shall be used to determine the block lengths and widths, and shall be provided at such intervals as to serve cross traffic adequately, and to meet existing streets or customary subdivision practices.

C.

A waiver to the standards of this section may be allowed in cases where physical barriers, property ownership or adjacent existing subdivisions create conditions where it is appropriate. The length may be increased or decreased to meet the existing conditions having due regard for connecting streets, circulation of traffic and public safety.

D.

In general, block lengths along minor or secondary streets shall not exceed 1,400 feet or be less than 500 feet, and along major streets shall not exceed 1,800 feet or be less than 900 feet.

A.

Lot sizes and dimensions shall conform to the minimum requirements of the appropriate zoning district. The lot area shall be computed including all easements. Changes in the required lot sizes and dimensions may only be allowed through rezoning or through the granting of a variance by the BOA. No lot shall be approved which does not meet the minimum requirements of the appropriate zoning district.

B.

In residential subdivisions not served by public sewer, the Planning and Zoning Commission shall require the developer to cause a percolation test to be made. In no case will the lot size in such subdivision be less than one-half acre (21,780 square feet). This is the responsibility of the County Health Inspector.

C.

Depth and width of properties laid out for commercial or industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.

D.

Corner lots shall have sufficient width to permit the required building setback and proper orientation to both streets. Lots abutting crosswalks shall be treated as corner lots.

E.

Where a residential lot backs up to a railroad right-of-way, high pressure gas line, industrial area or any other land use which may have a dangerous effect on residential property, and where no marginal access street or other street is provided at the rear of such lot, an additional depth of 25 feet shall be required. Where a lot sides to any of the above, an additional width of 15 feet shall be required. A planting screen or non-access easement of at least ten feet shall be provided along the line of lots abutting a railroad right-of-way, high pressure gas line, industrial area or any other land use which may have a dangerous effect on residential property.

F.

Residential lots located on a cul-de-sac shall be at least fifty feet (50') wide at the building line.

G.

Residential lots shall be oriented to take advantage of topography; the best relationship to the overall design of the neighborhood; and to minimize the effects of any surrounding depreciating land uses.

H.

There shall be no residential lots facing directly upon a major street.

I.

All side lines of lots shall be perpendicular to straight street lines and radial to curved street lines except where a waiver to this rule will provide a better street and lot layout.

J.

Every lot shall be provided with adequate access to a public street, either by direct frontage on such street, or by public access easement approved by the Planning and Zoning Commission. Rear and/or side driveway access to major streets shall be prohibited.

K.

In no event shall setback lines be less than those required by the applicable zoning district.

(Ord. No. 24-S-15, § 1(Exh. B), 4-16-2024; Ord. No. 24-S-154, Exh. A, 10-22-2024)

A.

Permanent survey reference monuments. Concrete monuments shall be placed at all block corners, angle points, points of curve, and all corners of boundary lines of the subdivision. A monument shall be made of an iron stake one-half (½") in diameter and twenty-four inches (24") long centered in concrete a minimum of six inches (6") in diameter and twelve inches (12") long. The iron stake should be left one-half inch above the concrete with a surveyors' aluminum or plastic cap, stamped with the surveyors' registered number or firm. Monuments shall be identified on the plat with elevation and the elevation shall be stamped on top of the monument.

B.

Other markers. All other survey markers, such as lot corners, shall have an iron stake one-half inch (½") in diameter and twenty-four inches (24") long and shall be placed flush with the ground, or below ground, if necessary, in order to avoid being disturbed.

C.

Benchmarks. A minimum of two (2) benchmarks shall be established in each subdivision. Benchmarks shall be established on iron rods embedded in concrete monuments six inches (6") in diameter and set in the ground to a depth of three feet (3') and set to U.S. National Geodetic Survey datum. Using tops of manholes as a benchmark is not acceptable.

D.

Monument placement and verification. Monuments and lot markers shall be set immediately after completion of utility installations and street construction. Prior to acceptance of subdivision improvements by the City, the developer's surveyor or engineer shall certify that all monuments, benchmarks and markers are in place and correctly positioned.

A.

Intent. It is the intent of these design criteria to provide guidelines for new construction in order to provide an aesthetically pleasing appearance as well as ensure sound construction quality.

B.

Applicability. The provisions of this section are deemed to be minimum standards and shall be applicable to the following:

1.

All new buildings within the corporate limits of the City except public schools and public water and wastewater facilities; and

2.

Building expansions which cumulatively increase the gross floor area more than 25% of the original building area except public schools.

C.

Industrial Buildings.

1.

Applicability. This section shall apply to buildings with an industrial use.

2.

Exterior Building Materials. Buildings must comply with the regulations established via the national model code.

3.

Glazing. All buildings must comply with the regulations established via the national model code.

4.

Articulation and architectural features.

a.

Horizontal articulations or offsets are required on any wall greater in length than 100 linear feet, which is adjacent to or facing a public street.

(1)

The depth of the articulation or offset shall be a minimum of two feet (2'). Articulations or offsets can be of varying depth as long as the minimum two feet (2') is met.

(2)

The length of the new plane created by the articulation or offset shall be a minimum of 20% of the total length of the entire wall.

b.

Vertical articulations or elevation changes are required on all walls and should be designed to screen rooftop equipment.

(1)

The height of the articulation or elevation change shall be a minimum of two feet (2'). Articulations or elevation changes can be of varying depth as long as the minimum two feet (2') is met.

(2)

The length of the new plane created by the articulation or elevation change shall be a minimum of 20% of the total length of the entire wall.

5.

Roof Treatments. Façade articulations shall provide for vertical and horizontal screening of air conditioning units and all mechanical equipment located on rooftops. The minimum height of the screening shall be equal to the height of the tallest rooftop equipment.

D.

Commercial Buildings.

1.

Applicability. This section shall apply to buildings with a commercial use.

2.

Exterior Building Materials. Buildings must comply with the regulations established via the national model code.

3.

Glazing. All buildings must comply with the glazing regulations established via the national model code.

4.

Articulation and architectural features.

a.

Horizontal articulations or offsets are required on any wall greater in length than 30 linear feet, which is adjacent to or facing a public street, or adjacent to or facing a side lot line of the property.

(1)

The depth of the articulation or offset shall be a minimum of two feet (2'). Articulations or offsets can be of varying depth as long as the minimum two feet (2') is met.

(2)

The length of the new plane created by the articulation or offset shall be a minimum of 20% of the total length of the entire wall.

b.

Vertical articulations or elevation changes are required on all walls and should be designed to screen rooftop equipment.

(1)

The height of the articulation or elevation change shall be a minimum of two feet (2'). Articulations or elevation changes can be of varying depth as long as the minimum two feet (2') is met.

(2)

The length of the new plane created by the articulation or elevation change shall be a minimum of 20% of the total length of the entire wall.

5.

Roof Treatments. Façade articulations shall provide for vertical and horizontal screening of air conditioning units and all mechanical equipment located on rooftops. The minimum height of the screening shall be equal to the height of the tallest rooftop equipment.

E.

Office/Public Buildings.

1.

Applicability. This section shall apply to buildings with a professional office or public use.

2.

Exterior Building Materials. Buildings must comply with the regulations established via the national model code.

3.

Glazing. All buildings must comply with the glazing regulations established via the national model code.

4.

Articulation and architectural features.

a.

Horizontal articulations or offsets are required on any wall greater in length than 50 linear feet.

(1)

The depth of the articulation or offset shall be a minimum of two feet (2'). Articulations or offsets can be of varying depth as long as the minimum two feet (2') is met.

(2)

The length of the new plane created by the articulation or offset shall be a minimum of 20% of the total length of the entire wall.

b.

Vertical articulations or elevation changes are required on all walls and should be designed to screen rooftop equipment.

(1)

The height of the articulation or elevation change shall be a minimum of two feet (2'). Articulations or elevation changes can be of varying depth as long as the minimum two feet (2') is met.

(2)

The length of the new plane created by the articulation or elevation change shall be a minimum of 20% of the total length of the entire wall.

5.

Roof Treatments. Façade articulations shall provide for vertical and horizontal screening of air conditioning units and all mechanical equipment located on rooftops. The minimum height of the screening shall be equal to the height of the tallest rooftop equipment.

F.

Multi-Family Buildings.

1.

Applicability. This section shall apply to buildings with a Multifamily Use.

2.

Exterior Building Materials. Buildings must comply with the regulations established via the national model code.

3.

Articulation and architectural features.

a.

Horizontal articulations or offsets are required on any wall greater in length than 10 linear feet.

(1)

The depth of the articulation or offset shall be a minimum of two feet (2'). Articulations or offsets can be of varying depth as long as the minimum two feet (2') is met.

(2)

The length of the new plane created by the articulation or offset shall be a minimum of 20% of the total length of the entire wall.

b.

Vertical articulations or elevation changes are required on all walls and should be designed to screen rooftop equipment.

(1)

The height of the articulation or elevation change shall be a minimum of two feet (2'). Articulations or elevation changes can be of varying depth as long as the minimum two feet (2') is met.

(2)

The length of the new plane created by the articulation or elevation change shall be a minimum of 20% of the total length of the entire wall.

4.

Roof Treatments. Façade articulations shall provide for vertical and horizontal screening of air conditioning units and all mechanical equipment located on rooftops. The minimum height of the screening shall be equal to the height of the tallest rooftop equipment.

G.

Single-Family Residential.

1.

Exterior Building Materials. Buildings must comply with the regulations established via the national model code.

(Ord. No. 15-S-24, § 1(Exh. A), 8-11-2015; Ord. No. 18-S-24, § 1(Exh. A), 8-7-2018; Ord. No. 19-S-22, § 1(Exh. A), 9-3-2019)

A.

Purpose. The purpose of this section is to establish landscaping requirements to enhance the community's ecological, environmental, and beautification efforts as well as its aesthetic qualities. It is the intent of this section to reduce the negative effects of glare, noise, erosion, and sedimentation caused by expanses of impervious and un-vegetated surfaces within the urban environment. It is the intent of this section to preserve and improve the natural and urban environment by recognizing that the use of landscaping elements can contribute to the processes of air purification, oxygen, regeneration, groundwater recharge, noise abatement, glare and heat, provision of habitats for wildlife, and enhance the overall beauty of the City.

B.

Enforcement. If at any time after the issuance of a Certificate of Occupancy, the approved landscaping is found to be in nonconformance with standards and criteria of this section, notice by the City may be issued to the owner, citing the violation and describing what action is required to comply with this section. The owner, tenant or agent shall have forty-five (45) days after the date of said notice to restore landscaping as required. The City may extend the time of compliance based on weather conditions. If the landscaping is not restored within the allotted time, such person shall be in violation of this UDC.

C.

Single Family and Duplex Residential

Installation and Maintenance.

1.

Prior to issuance of a Certificate of Occupancy sod shall be in place in full front and rear yards, except for landscape beds and gardens. On property containing a minimum of one-half (½) acre or greater, sod in front and rear yards shall be planted adjacent to the slab for a distance of fifty feet (50') and for a distance of twenty feet (20') in side yards.

2.

All landscaped areas shall be irrigated with an approved automatic underground irrigation system unless the landscaped area has been designed utilizing xeriscaping methods. All irrigation systems shall be designed and sealed in accordance with the Texas Commission on Environmental Quality (TCEQ) and shall be professionally installed. No irrigation shall be required for undisturbed natural areas or undisturbed existing trees.

3.

Vegetation other than grasses or ground cover under six inches (6") in height is prohibited in any City right-of-way unless specifically authorized in writing by the City Manager or his/her designee.

4.

Landscape planting shall not be erected or installed in such a manner as to interfere with traffic view or impose a safety hazard.

5.

New landscaped areas shall be prepared so as to achieve a soil depth of at least two inches (2").

6.

Every single family residential lot shall provide a minimum of two (2) shade trees having a DBH (diameter at breast height) measured four and one half feet (4.5') above existing ground level which are a minimum of two inches (2") caliper at the time of planting.

D.

Nonresidential and Multi-Family. The provisions of this section apply to new construction except public water and wastewater facilities for which only subsections 14 and 16 below apply.

Existing developments where all structures are not being demolished, do not have to comply with all of these requirements. Rather they cannot decrease compliance with an individual requirement to the point that they no longer comply with that individual requirement.

Installation and Maintenance.

1.

Prior to issuance of a Certificate of Occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan approved as part of the Site Plan.

2.

In any case in which a Certificate of Occupancy is sought at a season of the year in which the City determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, a Temporary Certificate of Occupancy may be issued for up to four (4) months.

3.

All landscaped areas shall be irrigated with an approved automatic underground irrigation system unless the landscaped area has been designed utilizing xeriscaping methods. All irrigation systems shall be designed and sealed in accordance with the Texas Commission on Environmental Quality (TCEQ) and shall be professionally installed. No irrigation shall be required for undisturbed natural areas or undisturbed existing trees.

4.

Vegetation other than approved grasses or ground cover under six inches (6") in height is prohibited in any City right-of-way unless specifically authorized in writing by the City Manager or his/her designee, after consultation with the Director of Public Works or his/her designee.

5.

Trees planted having a DBH (diameter at breast height) measured four and one half feet (4.5') above existing ground level shall be a minimum of two inches (2") caliper at the time of planting. All trees planted to meet the minimum landscaping, requirements of this section shall be planted so as to provide for no impervious material within the drip line of the tree. For the purposes of determining the drip line to meet the requirements of this section, the drip line radius shall be measured as being ten (10) times the caliper of the tree. For example, a two inch (2") tree will have a twenty inch (20") radius or forty inch (40") diameter. Tree wells or tree grates may be utilized to meet the requirements of this section. The City may, at its option, require certification by a registered arborist that adequate space has been provided for pervious cover beneath the drip line of a tree.

6.

New landscaped areas shall be prepared so as to achieve a soil depth of at least two inches (2").

7.

The use of architectural planters in nonresidential districts may be permitted in fulfillment of landscape requirements subject to approval of the Planning and Zoning Commission at the time of Site Plan approval.

8.

Landscape planting shall not be erected or installed in such a manner as to interfere with traffic view or impose a safety hazard.

9.

A minimum twenty foot (20') wide landscape buffer shall be provided adjacent to any public right-of-way. Trees shall be planted at an average density of one (1) tree per twenty linear feet (20') of street frontage except for public schools. The landscape buffer shall require an irrigation system and shall be maintained by the property owner. The requirements of this section are not applicable to properties zoned Main Street Mixed Use (MSMU) or Main Street Mixed-Use - New Development (MSMU-ND).

10.

A minimum of twenty percent (20%) of the total land area of any proposed multifamily or nonresidential development shall be landscaped and shall be comprised of trees, shrubs, sod or other ground cover. In the event of the construction of a phased development, the minimum twenty percent (20%) requirement shall apply to each phase as it is developed.

11.

All commercial and multi-family properties shall provide shade trees at a ratio of nine (9) trees per acre. Industrial property shall provide shade trees at a ratio of six (6) trees per acre. Public schools shall provide shade trees at a ratio of at least four (4) trees per acre. Existing trees may be counted toward meeting the requirements of this section.

12.

Interior Landscaping. A minimum of ten percent (10%) of the gross parking areas shall be devoted to living landscaping which includes grass, ground covers, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and/or driveway and sidewalks. Interior landscaping requirements do not apply to public water and wastewater facilities if an eight feet (8') masonry fence is provide[d] at or near the property boundary.

13.

Interior areas of parking lots shall contain planting islands located so as to best relieve the expanse of paving. Planter islands must be located no further apart than every twenty (20) parking spaces and at the terminus of all rows of parking. Such islands shall be a minimum of 162 square feet or nine feet by eighteen feet (9' x 18') in size. Planter islands shall contain a combination of trees, shrubs, lawn, ground cover and other appropriate materials provided such landscaping does not cause visual interference within the parking area. This subsection does not apply to public schools or properties zoned Main Street Mixed Use (MSMU) or Main Street Mixed-Use - New Development (MSMU-ND).

14.

Perimeter Landscape Area - Perimeter landscaping shall be required in the following scenarios:

a)

Where a nonresidential or multifamily use adjacent to a nonresidential or multifamily use that is zoned for nonresidential or multifamily uses shall provide a minimum five-foot (5') landscape buffer adjacent to those uses except where the building extends into that five foot (5') landscape buffer.

i.

A minimum of one (1) shade tree shall be planted for each one-hundred linear feet (100') of landscape buffer except where the entire five-foot (5') wide landscape buffer is encumbered by an easement that does not allow the planting of trees.

b)

A nonresidential or multifamily use adjacent to a single family or duplex residential use or single family or duplex residentially zoned property shall provide a minimum twenty-foot (20') landscape buffer adjacent to the property line of the residential use or residentially zoned property. If this scenario is in the Main Street Mixed Use District (MSMU) or the Main Street Mixed Use - New Development District (MSMU-ND) then the landscape buffer shall be a minimum of five feet (5').

i.

A minimum of one (1) shade tree [s]hall be planted for each thirty (30) linear feet of landscape buffer. The landscape buffer shall be covered with grass or another solid vegetative cover.

ii.

The landscape buffer shall include a masonry wall which shall be eight feet (8') in height unless in the Main Street Mixed Use District (MSMU) or the Main Street Mixed Use - New Development District (MSMU-ND).

c)

The requirement of this subsection doe[s] not apply to public water and wastewater facilities if an eight foot (8') masonry wall is provided at or near the property boundary.

F.

Landscape Plan Required. A landscape plan shall be submitted to the City for approval. The landscape plan may be submitted as a part of the Site Plan. The landscape plan shall contain the following information:

1.

location of all existing trees with indication as to those to be preserved;

2.

location of all plants and landscaping material to be used including paving, benches, screens, fountains, statues, or other landscaping features;

3.

species of all plant material to be used;

4.

size of all plant material to be used;

5.

spacing of plant material where appropriate;

6.

type of watering system and location of watering source, irrigation, sprinkler, or water system, including placement of water sources;

7.

description of maintenance provisions of the landscaping plan; and

8.

persons responsible for the preparation of the landscape plan.

(Ord. No. 16-S-27, §§ 3, 4, 8-30-2016; Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018; Ord. No. 18-S-24, § 1(Exh. A), 8-7-2018; Ord. No. 21-S-26, § 1(Exh. A), 7-6-2021; Ord. No. 23-S-07, § 1(Exh. A), 3-14-2023; Ord. No. 23-S-27, § 1(Exh. B), 10-17-2023; Ord. No. 24-S-01, § 1(Exh. A), 2-20-2024)

A.

Fences and Screening in Residential Areas.

1.

Height.

a.

No fence, screen, or wall shall exceed eight feet (8') in height. No fence, screen, or wall within a required front yard shall exceed four feet (4') in height. Fences constructed in the front yard shall be non-opaque, decorative fences and shall not interfere with the sight visibility triangle as required by this UDC or any other applicable City ordinances, codes or regulations.

b.

Exceptions:

i.

A fence not to exceed six feet (6') in height may be installed in the front yard of property located in a Residential Agricultural (RA) District which is not in a mandatory homeowners' association or within the jurisdiction of a mandatory architectural review committee and which contains a minimum of two (2) acres.

ii.

A fence not to exceed six feet (6') in height may be installed in the front yard of property located in a Residential Agricultural (RA) District which is in a mandatory homeowners' association or within the jurisdiction of a mandatory architectural review committee with the written approval of the homeowners' association or the architectural review committee, which approval must accompany the application for fence permit.

iii.

Any such fence under this paragraph (b) shall be a non-opaque decorative fence which shall not interfere with the sight visibility triangle as required by this UDC or any other applicable City ordinances.

2.

Fence Materials.

a.

Materials Permitted.

i.

Fences may be constructed of chain link or similar woven wire mesh (provided no screening is attached), pressure treated wood, decorative metal, stone, brick, or other materials traditionally used in private fence construction.

ii.

Decorative fences shall be constructed of pressure treated wood picket, decorative metal, stone or brick, or a combination thereof. Solid surface area of any decorative fence shall not exceed fifty percent (50%) of the total surface area. Above ground electrical fencing shall be permitted in accordance with the building code.

b.

Prohibited Materials. Chicken wire and barbed wire are prohibited except on parcels or lots in conjunction with agricultural operations.

3.

Fences within Easements. Fences within a public easement shall have a gate or removable panel to allow for maintenance access to such easement. The City shall not be responsible for damage to any fence that may occur as a result of maintenance within the easement. Fences located within drainage easements shall be equipped with a bar screen at the bottom to allow for proper drainage flow.

B.

Fences in Nonresidential and Multifamily Areas.

1.

Height. No fence, screen, or wall shall exceed eight feet (8') in height. No fence, screen, or wall within a required front yard shall exceed eight feet (8') in height. Fences constructed in the front yard shall be non-opaque and shall not interfere with the sight visibility triangle as required by this UDC or any other applicable City ordinances, codes and regulations. All fences for public water and wastewater facilities are allowed to be opaque.

2.

Fence Materials.

a.

Materials Permitted. Fences may be constructed of chain link or similar woven wire mesh (provided no screening is attached), pressure treated wood, decorative metal, stone, brick, above ground electrical fencing or other materials traditionally used in private fence construction.

i.

For Public Schools and City of Schertz owned properties, screening is allowed on chain link or similar woven wire mesh, with approval by the City Manager or his/her designee.

b.

Prohibited Materials. Chicken wire and barbed wire are prohibited except on parcels or lots in conjunction with agricultural operations. Three strand barbed wire on top of chain link fencing is permitted when associated with public water and wastewater facilities and when not visible from public rights-of-way or adjacent properties.

3.

Fences Adjacent to Residential Property. Where any nonresidential or multifamily use, lot or parcel except public schools is adjacent to or separated by only a local street or alley from a lot or parcel that is zoned for single family residential use, the nonresidential or multifamily use shall construct a masonry screening wall a minimum of eight feet (8') in height.

a.

The screen shall be located no closer to the street than the property line. Such screening wall shall be maintained in good condition.

b.

Any sections of this UDC or any other City ordinances, codes or regulations concerning sight obstructions of intersections shall be applicable to the screen where it is intersected by a right-of-way.

c.

Where any nonresidential or multifamily use, lot or parcel is located in such a manner so as to be at a higher elevation than an adjacent lot or parcel that is zoned for single family residential use, the required masonry screening wall shall be constructed on the higher elevation so as to mitigate the adjacent residential property from the impacts of the adjacent use.

d.

Due to the flexibility in residential/nonresidential for the Main Street Mixed Use (MSMU) and Main Street Mixed-Use - New Development (MSMU-ND) zoning districts, the masonry wall requirement is not applicable.

4.

Screening of Trash Receptacles. All trash receptacles shall be screened from public view by a solid screening wall a minimum of eight feet (8') in height and constructed of a masonry material. Gates shall be of solid metal and shall be closed at all times except when loading and unloading.

5.

Fences within Public Easements. Fences within a public easement shall have a gate or removable panel to allow for maintenance access to such easement. The City shall not be responsible for damage to any fence that may occur as a result of maintenance of any utility within the easement.

6.

Gates for Vehicular Access. Gates designed for vehicular access shall be set back from the property line a minimum of twenty-four feet (24').

C.

Screening Along Arterial Roadways.

1.

Requirement Criteria.

a.

Where subdivisions are platted so that the rear or side yards of single-family residential lots are adjacent to a principal or secondary arterial roadway as described in section 21.14.1, or are separated from a principal or secondary arterial roadway by an alley, the developer shall provide, at its sole expense, a minimum eight foot (8') tall masonry screening wall. All screening shall be adjacent to the right-of-way or property line and fully located on the private lot(s), including columns and decorative features. Any sections of this UDC or any other City ordinances, codes or regulations concerning sight obstructions of intersections shall be applicable to the screen where it is intersected by a right-of-way.

b.

Parcels or lots used in conjunction with agricultural operations are exempt from the screening wall requirements of this section.

2.

Screening Alternatives. An alternative form of screening, in-lieu of the masonry wall, may be approved by the Planning and Zoning Commission with the Preliminary Plat application. Alternatives that may be considered include:

a.

a living/landscaped screen in conjunction with decorative metal (e.g., wrought iron) fence sections with masonry columns;

b.

a combination of berms and living/landscaped screening;

c.

a combination of berms, decorative masonry walls and living/landscaped screening, either with or without a decorative metal or "FenceCrete" type of fence with masonry columns; or

d.

some other creative screening alternative may be approved if it meets the spirit and intent of this section, if it is demonstrated to be long-lasting and generally maintenance-free, and if the Planning and Zoning Commission find it to be in the public interest to approve the alternative screening device.

3.

Time required for opacity. Any required screening device shall be, or shall achieve, at least six feet (6') in height and at least ninety percent (90%) opacity within three (3) years of initial installation/planting.

4.

Maintenance Easement. A wall/screening maintenance easement at least five feet in width shall be dedicated to the home owners association on the private lot side and adjacent to the entire length of the screening wall or device for maintenance and repair of the screening wall.

5.

Installation. The screening/wall/device shall be installed prior to final acceptance of the subdivision public improvements. All landscape materials, if utilized, shall be installed in accordance with section 21.9.7. Failure to properly install all components of a required screening wall or device within the prescribed time frame shall constitute a violation of this UDC, and shall authorize the Public Works Director to refuse acceptance of the subdivision public improvements.

6.

Design of Walls. All masonry, wrought iron, steel or aluminum screening wall plans and details must be designed and sealed by a licensed professional engineer, and must be approved by the City Manager or his/her designee. Use of chain-link, chicken-wire, hog-wire fencing, and any other material similar in appearance and quality is expressly prohibited for meeting the requirements of this section.

7.

Height of Screening. The height of required screening devices, including spans between columns, shall be a minimum of six feet (6') and shall be no more than eight feet (8'). Decorative columns, pilasters, stone caps, sculptural elements, and other similar features may exceed the maximum height by up to two feet (2') for a total maximum height of ten feet (10') for these features.

8.

Other Easements. Screening fences, walls and devices shall not be constructed within any portion of a utility or drainage easement unless specifically authorized by the City Manager or his/her designee and by any other applicable utility provider(s).

(Ord. No. 16-S-27, § 5, 8-30-2016; Ord. No. 18-S-24, § 1(Exh. A), 8-7-2018; Ord. No. 19-S-22, § 1(Exh. A), 9-3-2019; Ord. No. 21-S-26, § 1(Exh. A), 7-6-2021; Ord. No. 24-S-154, Exh. A, 10-22-2024)

A.

Purpose and Intent.

1.

The purpose of this section is to conserve, protect and enhance existing healthy trees and natural landscape. It is recognized that the preservation of existing trees contributes to the overall quality and environment of the City. Trees can and do contribute to the processes of purification, oxygenation, regeneration, groundwater recharge, reduction of pollution and contaminants in aquifers, erosion and dust control, abatement of noise, provision of wildlife habitat and enhancement property values. Indiscriminate clearing or stripping of natural vegetation on any parcel is prohibited.

2.

It is hereby declared the intent of the City to encourage the preservation of all trees within the City limits. While the layout of a property with respect to the placement of buildings, parking facilities and other site requirements is at the discretion of the developer of the property, it is the policy of the City to promote site layout and design in a manner which preserves the maximum amount of Protected Class and Heritage Class trees possible.

B.

Applicability and Exemptions.

1.

The provisions of this section are applicable to the following:

a.

all new residential and nonresidential development within the City except public schools;

b.

redevelopment of any residential or nonresidential property within the City that results in an increase in the building footprint or the total destruction and reconstruction except public schools;

c.

any grading, filling or clearing of land in the City limits; and

d.

any selective or individual removal of any Protected Class or Heritage Class Tree in the City limits.

2.

The following definitions shall be applicable to the provisions of this section:

a.

Protected Class Trees. Trees having a DBH (diameter at breast height measured four and one half feet above existing ground level) between eight inches (8") and less than twenty-four inches (24") are designated as "Protected Class Trees".

b.

Heritage Class Trees. Trees having a DBH greater than or equal to twenty-four inches (24") are designated as "Heritage Class Trees".

c.

Damage. Damage shall be considered any injury to a tree including, but not limited to:

i.

uprooting;

ii.

severance of the root system or main trunk;

iii.

storage of topsoil, construction materials, debris or chemicals within the drip line area;

iv.

compaction of soil within the drip line area;

v.

a substantial change in the natural grade above a root system or within the drip line area;

vi.

pruning or removal of more than twenty-five percent (25%) of the living tissue; or

vii.

Paving with concrete, asphalt or other impervious material within the drip line area. Tree grates or tree wells may be provided to preserve pervious surface within the drip line area.

3.

The following are exempt from the preservation, mitigation and permitting requirements of this section:

a.

Protected Class Trees located within the area of a proposed on-site sewage facility (OSSF) (A waiver to mitigation for Heritage Class trees may be requested);

b.

Protected Class and Heritage Class Trees located within a right-of-way to be dedicated to and maintained by the City and shown on the City's Master Thoroughfare Plan;

c.

Protected Class Trees located within any utility easement, Heritage Class Trees located within any utility easement are exempt from preservation requirements only (A waiver to mitigation for Heritage Class trees may be requested);

d.

Protected Class and Heritage Class trees damaged or destroyed by floods, fire, wind or other natural causes;

e.

Dangerous, diseased, damaged, dead or dying Protected Class or Heritage Class trees as determined by a tree survey and a letter from a certified Texas Arborist; provided, notwithstanding the title of this section; and

f.

Protected Class and Heritage Class trees located on property that has an existing one family or two-family dwelling that is occupied.

g.

Protected Class and Heritage Class trees of the following exempted tree species:

Table 21.9.9 Exempted Trees

C.

Tree Preservation. The existing natural landscape character, especially native oaks, elms, and pecan trees, shall be preserved to the maximum extent reasonable and feasible. Except as otherwise exempted in section 21.9.9.B.3. above, a tree removal permit is required for the removal of any tree with a DBH greater than eight inches.

1.

Protected Trees. Any Protected Trees not exempt from preservation in section B.3. above may be removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community Services Any decision of the Director of Parks, Recreation and Community Services regarding a tree removal permit may be appealed to the Planning and Zoning Commission in accordance with section 21.4.14 of this UDC.

2.

Heritage Trees. Any Heritage Trees to be removed may be removed upon approval of a Tree Removal Permit by the Director of Parks, Recreation and Community Services. Any decision by the Director of Parks, Recreation and Community Services regarding a tree removal permit may be appealed to the Planning and Zoning Commission in accordance with section 21.4.14 of this UDC. All Heritage Trees shall be required to meet the mitigation requirements of this section.

3.

Minimum Preservation. In the development of any site, at least twenty-five percent (25%) of all mitigatable Protected Class and Heritage Class trees must be preserved. (A waiver to the 25% preservation requirement may be requested)

D.

Tree Mitigation. Any trees that are removed or damaged as a result of the approval of a Tree Removal Permit shall be mitigated for on the same site as the proposed development. The species of trees planted for mitigation purposes may not include those listed as exempt in subsection 21.9.9.B.3. above. In the event that mitigation is not feasible on the same site as the proposed development, an applicant may request to donate trees, meeting the mitigation requirements of this section, to be planted at public parks, schools, or other approved public facilities throughout the City or provide a fee-in-lieu of payment which will be used to place trees at public parks, schools, or other approved public facilities throughout the City. Tree mitigation funds may also be utilized to install irrigation, to repair or remove damaged or destroyed trees, to preserve and protect existing Protected Class and Heritage Class trees and to purchase equipment for the preservation or protection of existing trees. Mitigation requirements are:

1.

Protected Class Trees. Protected trees shall be mitigated at a one-to-one (1:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of two inches (2").

2.

Heritage Class Trees. Heritage Class trees shall be mitigated at a three-to-one (3:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of two inches (2").

3.

Damaged Trees. Any trees that are designated for preservation and are damaged during the construction process or that die within two (2) years of issuance of a certificate of occupancy shall be mitigated for in accordance with subsection 21.9.9.D.1. and D.2. above.

4.

Mitigated Trees. Trees planted and counted towards the necessary mitigation requirements that are damaged after planting or that die within two (2) years of issuance of a certificate of occupancy shall be mitigated for at a one-to-one (1:1) DBH inch ratio for every tree damaged or that dies.

5.

The amount of tree mitigation per acre is capped at 100 inches per acre. For properties where the trees are generally clustered, staff has the discretion to define the acreage of the property as an area extending twenty feet (20') beyond the tree canopy of the cluster in determining the acreage.

E.

Tree Protection Standards.

1.

All trees to be preserved on site shall be protected from damage caused by site excavation or construction in accordance with the following:

a.

All trees shall be protected by a fence, frame or box constructed around the drip line of the preserved tree. Protection measures may not be removed until construction is complete.

b.

A minimum of three inches (3") of mulch or compost shall be spread beneath the drip line of the preserved tree.

c.

No person shall excavate any ditches, tunnels, or trenches, place any paving material or place any drive or parking area within the drip line of any Protected Class or Heritage Class Tree without prior written approval of the City Manager or his/her designee at the time of Site Plan approval.

d.

No person shall attach any rope, wire, nails, advertising posters or other contrivance to any Protected Class or Heritage Class Tree.

2.

It is the intent of the City to control and prevent the spread of Oak Wilt.

a.

If any oak tree is wounded by intentional damage or pruning or as a result of natural causes, the damaged area shall be immediately treated with tree wound dressing.

b.

All necessary and reasonable efforts shall be given during the permitted removal of any trees to utilize best known practices to prevent the spread of Oak Wilt disease to any other surrounding trees.

F.

Tree Preservation Credits—Nonresidential and Multifamily Developments. To encourage the preservation of existing Protected Class or Heritage Class Trees contained within a proposed development, tree preservation credits may be requested to reduce the amount of new trees required on nonresidential and multifamily sites. Tree preservation credits can be issued for landscape buffer requirements when the tree being preserved is located within the buffer. Tree preservation credits can be issued to satisfy total trees per acre requirements of UDC Sec. 21.9.7.D.11. The following minimum tree preservation credits may be requested:

1.

Protected Class Trees shall receive a credit against the minimum required landscaping or mitigation standards at a one-to-one (1:1) caliper inch ratio;

2.

Heritage Class Trees shall receive a credit against the minimum required landscaping or mitigation standards at a three-to-one (3:1) caliper inch ratio.

G.

Tree Survey Required. Every application for a final plat for residential development or Site Plan for nonresidential and multifamily development shall be accompanied by a tree survey that includes the following information:

1.

total number of DBH caliper inches of Protected Class and Heritage Class on the site;

2.

total number of DBH caliper inches of Protected Class and Heritage Class to be removed; and

3.

total number of DBH caliper inches of Protected Class and Heritage Class to be preserved.

H.

Tree Removal Permit. A tree removal permit is required for the removal of any Protected Class or Heritage Class trees not exempt in section 21.9.9.B.3. above. The permit must be accompanied by an appropriate application and shall contain a tree preservation plan showing the following:

1.

existing/proposed topography;

2.

location of property lines, easement, rights-of-ways, setbacks, parking areas and sidewalks;

3.

location, species and size (in DBH) of each Protected Class and Heritage Class Tree, except those trees exempted by section 21.9.9.B.3 above;

4.

a tree inventory that summarizes the following:

a.

total number of DBH caliper inches on the site;

b.

total number of DBH caliper inches to be removed;

c.

total number of DBH caliper inches to be preserved;

d.

location of any proposed tree mitigation;

e.

any proposed tree preservation credits; and

5.

a summary of the tree protection methods to be utilized.

I.

Waiver.

1.

General. The City Manager or his/her designee may authorize waivers from the provisions of this Article when, in their opinion, undue hardship will result from requiring strict compliance. Waivers may be granted only to items specifically stated in this section. Waivers must meet one of the following eligibility requirements:

a.

The tree is proposed for removal in order for the property to achieve compliance with other applicable City requirements and standards (i.e. site design or storm water management); or

b.

The tree is proposed for removal because it is within a future public utility location.

2.

Criteria for approval. Waivers shall be evaluated using the following criteria:

a.

Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees or windbreaks;

b.

The requested waiver does not violate the intent of this section or the UDC;

c.

Strict interpretation of the provisions of the section would deprive the applicant of rights commonly enjoyed by other nearby properties in the same zoning district or with the same land use that would comply with the same provisions;

d.

A reasonable effort to preserve the tree has been made and reasonable alternatives have been evaluated and determined to not be feasible.

3.

Any decision of the City Manager or his/her designee regarding waivers to the provisions of this section may be appealed to the Planning and Zoning Commission. When considering an appeal, the Planning and Zoning Commission shall consider the same standards as the City Manager or his/her designee as outlined above.

(Ord. No. 16-S-27, § 6, 8-30-2016; Ord. No. 17-S-40, § 1(Exh. A), 10-24-2017; Ord. No. 18-S-08, § 1(Exh. A), 2-27-2018; Ord. No. 18-S-24, § 1(Exh. A), 8-7-2018; Ord. No. 22-S-18, § 1(Exh. A), 4-26-2022; Ord. No. 23-S-27, § 1(Exh. B), 10-17-2023; Ord. No. 24-S-154, Exh. A, 10-22-2024)

A.

Purpose.

1.

The purpose of this section is to provide for the adequate provision of parkland and open space to meet the needs of a growing City population; for improvements to existing parkland; for establishment, maintenance and operation of a Parkland Dedication Fund; establish requirements and procedures for governing required dedications of parkland or improvements to existing parkland by subdividers of land; and for cash payments-in-lieu of land by subdividers of land in certain cases.

2.

It is hereby declared by the City Council that recreational areas in the form of parks and open spaces are necessary and for the public welfare and that the only adequate procedure to provide for parkland and park improvements is by integrating such a requirement into the procedure for planning and developing property or subdivisions in the City, whether such development consists of new residential construction on vacant land or the addition of new dwelling units on existing residential land. It is the policy of the City to require subdividers of residential subdivisions and lots to provide for parkland and park facilities at the time of development approval in proportion to the need for such improvements created by the developments and in proportion to the benefits received from contribution of such facilities.

B.

Applicability. The parkland dedication and park development requirements of this section shall be applicable to every residential subdivision developed under the provisions of this UDC, whether such subdivision consists of new residential construction on vacant land or the addition of new dwelling units on existing residential land, within the City limits or the City's ETJ.

C.

Submittal Requirements.

1.

Prior to Submittal of a Subdivision Master Plan or Preliminary Plat, a General Parks Plan shall be submitted and shall contain, at a minimum, the following information:

a.

location and size of any proposed parks to be dedicated to the public or to be retained as private parkland;

b.

a statement of the suitability of the parkland in meeting the criteria in subsection H. of this section;

c.

a general park development plan including any proposed improvements; and

d.

a phasing plan.

2.

Prior to submittal of a Final Plat, a Detailed Parks Plan shall be submitted and shall contain, at a minimum, the following information:

a.

location and size of the proposed park;

b.

a statement of the suitability of the parkland in meeting the criteria in subsection H. of this section; and

c.

a detailed plan of any proposed improvements, including cost.

3.

The Director of Parks, Recreation and Community Services shall review the General Parks Plan and make a recommendation to the Planning and Zoning Commission prior to approval of a Subdivision Master Plan or Preliminary Plat. Recommendations should be based upon the Comprehensive Land Plan and/or the Parks and Open Space Master Plan as adopted by the City, and the standards and provisions contained herein regarding the amount and location of park land and fees-in-lieu of park land dedication.

4.

All parkland to be dedicated to the City shall meet the suitability requirements of section 21.9.10.H.

D.

Parkland Dedication Rrequirements.

1.

Land Dedication. A final plat establishing a residential (including multifamily) subdivision or commercial or manufacturing district either within the City or within the ETJ of the City shall contain the dedication of an area of land for park purposes meeting the requirements set out in this section, or a notation signed by the Director of Parks, Recreation and Community Services of receipt of an approved cash payment-in-lieu of land. The subdivider of a residential (including multifamily) subdivision or commercial or manufacturing district shall dedicate to the City developed parkland in the amount as established within the fee schedule adopted by the City Council. A proposed plat submitted for approval must:

a.

show the location and dimensions of the area proposed to be dedicated for parkland;

b.

show the number of dwelling units to be located within the proposed residential subdivision (whether single or multi-family units) or LUEs in a commercial or manufacturing district;

c.

tell whether all or any part of the property to be dedicated as a park is located in a special flood hazard area, as such areas are defined in this UDC; and

d.

show the proposed streets and utilities to serve the parcel to be dedicated as parkland.

2.

Development of Areas Smaller Than Five (5) Acres.The development of park areas smaller than five (5) acres for public park purposes is deemed to be impractical. If fewer than five (5) acres are proposed to be created by a plat, then prior to filing the plat, the subdivider shall be required to pay to the City the applicable cash payment-in-lieu of land. No plat showing a dedication of less than five (5) acres for a public park shall be approved by the Planning and Zoning Commission. While dedication of parkland to the City in an amount less than five (5) acres is deemed impractical, it is the City's policy to encourage the development of private parkland in accordance with subsection I below and provide credit for development of these private parklands accordingly.

3.

Dedication Procedures. The owner of property for a residential subdivision shall be required at final plat approval to dedicate parkland. Dedication of parkland shall be evidenced by a formal dedication on the plat to be recorded. The land so dedicated and conveyed shall not be subject to any reservations of record, encumbrances of any kind, or easements, which in the opinion of the City will interfere with or materially increase the cost of making such land available for parks or recreational purposes.

4.

Development of Subdivision in Phases. If a subdivision is to be developed in phases and the final platting of the park area to be dedicated is to be included in a future phase, then the subdivider shall be required to provide a notation on the plat which acknowledges that dedication of parkland to serve said subdivision will occur with the platting of future phases.

5.

Right to Accept/Reject Land. If the City determines that sufficient park area is already in the public domain within proximity of the proposed development, or if the recreation needs for the area would be better served by expanding or improving existing parks, the City has the right to accept the dedication or to refuse same and require a cash payment-in-lieu of land.

6.

Compliance with Parks and Open Space Master Plan. The City has adopted a Parks and Open Space Master Plan which outlines the necessity for parkland dedication and the types of improvements deemed appropriate for the City. The dedication and development of any parkland and the expenditure of any fees-in-lieu of dedication or development shall be in accordance with the Parks and Open Space Master Plan of the City.

E.

Fee-in-Lieu of Land Dedication Requirements.

1.

Right to Request Waiver of Dedication Requirements. A subdivider obligated to make a dedication of land may request the City waive the required dedication of land, in whole or in part, and to accept a cash payment-in-lieu of land dedication. Any request for a waiver to the land dedication requirements shall be subject to review and recommendation by the Parks and Recreation Advisory Board and final approval by the Planning and Zoning Commission.

2.

Required Fee-in-Lieu of Land Dedication. Any subdivider who is required to make a cash payment-in-lieu of land dedication or who is granted a waiver in accordance with section 21.9.10.1. above, shall make a cash payment-in-lieu of land in accordance with this section. The amount of such cash payment-in-lieu of land shall be calculated by multiplying the number of dwelling units proposed to be established by the plat times the amount per dwelling unit as established in the fee schedule set from time to time by the City Council. A cash payment-in-lieu of land shall be made prior to the recordation of the final plat.

F.

Parkland Improvement Agreement. The property owner or applicant may request to defer the obligation to dedicate parklands and/or develop parklands until after a final plat recordation. The request shall be submitted in writing and specify what is requested for deferral. Deferral of the obligation to dedicate parkland and/or develop parklands shall be conditioned on execution of an Improvement Agreement and provision of sufficient security, pursuant to Section 21.4.15.F, Improvement Agreements. The City Manager or his/her designee may approve or deny the request to defer obligations to dedicate parkland dedication and/or develop parklands.

G.

Park Development.

1.

A subdivider who elects to dedicate parkland in accordance with section 21.9.10.D. above shall improve all dedicated public parkland with improvements approved by the Parks and Recreation Advisory Board and the City Parks and Recreation Department. Design, specification, and construction of the improvements shall be subject to review and approval by the City. Construction of the improvements must be completed within one (1) year of the approval of the final plat of the subdivision. No final plat shall be recorded for any subdivision in which completion of the required improvements has not been accepted by the City; however, in the event that a subdivider requests that a final plat be approved prior to completion of the required improvements, surety for construction of improvements may be provided in the same manner as required of other subdivision- and site-related construction.

2.

In-lieu of constructing the improvements required in section 21.9.10.F.1. above, the subdivider may elect to make a cash payment-in-lieu of construction to the City to meet the City's current or future recreational needs. If a developer who has dedicated land in accordance with section 21.9.10.D. above elects to make a fee-in-lieu of payment for park development, the City shall utilize those funds for improvement of parkland within the subdivision in which the funds are collected. In the event there are remaining funds after development of said parkland, the City may utilize the remaining funds to complete improvements in any public park within the City.

3.

If the subdivider elects to pay fees-in-lieu of parkland dedication in accordance with section 21.9.10.E. above, then the subdivider shall make a cash payment-in-lieu of construction to the City for the required improvements in addition to the fees paid-in- lieu of dedication. Cash payments made in accordance with this paragraph may be utilized to complete improvements in any public park within the City.

4.

Cash payments-in-lieu of required improvements shall be calculated by multiplying the number of dwelling units times the price per dwelling unit as established in the fee schedule set from time to time by the City Council.

H.

Parkland Dedication Fund.

1.

Special Fund. The City shall reserve all fee-in-lieu of payments and any accrued interest from the fee-in-lieu of parkland dedication or fee-in-lieu of parkland development in a separate account from the general funds of the City. This fund shall be known as the Parkland Dedication Fund.

2.

Deposit/Expenditure of Parkland Dedication Fund. The City shall deposit sums collected as cash payments-in-lieu of land and cash payments-in-lieu of improvements in the Parkland Dedication Fund. The City shall expend such funds collected for the acquisition of land or for the improvement of existing parks on a first in, first out basis.

3.

Records and Method of Expenditure. The City shall maintain records detailing the receipts and expenditures for the Parkland Dedication Fund. All funds deposited as credit for fee-in-lieu of parkland dedication may be utilized for the acquisition and/or development of parkland within the City. All funds collected as fee-in-lieu of parkland development shall be utilized for the development of parkland in accordance with section 21.9.10.F. above.

I.

Parkland Design Criteria.

1.

Location. Any land to be dedicated to meet the requirements of this section shall be reasonably located and adaptable for use as parkland and/or recreation facility, consistent with the most recent edition of the Comprehensive Land Plan and/or Parks and Open Space Master Plan as adopted by the City Council.

2.

Land Suitability. The Parks and Recreation Advisory Board shall make recommendations to the Planning and Zoning Commission regarding the suitability of proposed park land. The location, access, size, shape, topography, natural drainage, utilities, parking facilities, and wooded areas and other vegetative cover of the parcel or tract of land to be dedicated shall be appropriate for public parks and recreation purposes. All such park land shall be designated and located so as to satisfy the requirements of this section.

3.

Usable Land. At least fifty percent (50%) of proposed parkland dedication site shall be level, well drained and suitable for open play. Such land shall be located outside of any one hundred (100) year floodplain or any other special flood zone identified on the most recently approve FEMA FIRM map and shall not exceed five percent (5%) slope.

4.

Access. Access to parkland designated on a subdivision plat shall be provided by the dedication of at least 200 feet of street frontage in a manner satisfactory to the City, preferably at the corner of two (2) intersecting streets. When the land abutting the designated parkland is developed, the subdivider of such abutting land shall furnish and pay for all paving of all abutting street frontage.

5.

Utilities. Potable water and wastewater connections shall be readily available at the park site with water and wastewater lines located along the street frontage. The applicant must demonstrate to the satisfaction of the City that sufficient living unit equivalents that are not otherwise committed to other property are available to serve the park within these water and wastewater lines.

6.

Drainage Improvements. Any detention ponds and/or other drainage facilities to be constructed in areas that are to be dedicated as parkland must be designed and constructed to also allow for recreational use. The subdivider may be required to demonstrate that the design, placement and construction of such ponds meet the requirements of the City.

7.

Floodplain. The following standards shall apply to all land proposed for dedication or parkland which is located in a FEMA designated floodplain or other special flood hazard area.

a.

Amount of Credit. Every acre of proposed dedicated parkland located within the floodplain or other special flood hazard area shall count as one-half (½) acre of land towards the total parkland dedication requirement.

b.

Criteria for Parkland. Floodplain areas will be considered for eligibility as land to be dedicated based on the following criteria:

i.

The floodplain area is easily accessible and has adequate street frontage.

ii.

There has been minimal alteration of the natural character of the waterway and the floodplain area. Some improvements are necessary for City access and maintenance.

iii.

In no case will floodplain areas be accepted which are less than one hundred feet (100') in width.

iv.

The area's configuration and topography is suitable for the placement of low impact facilities such as playgrounds, picnic facilities and open play fields.

8.

Disturbed Area. Any disturbed parkland shall be restored and the soil stabilized by a vegetative cover by the subdivider.

9.

Disclosures. Prior to dedication of parkland, the subdivider shall make full disclosure of the presence of any hazardous substances and/or underground storage tanks (USTs) of which the subdivider has knowledge. The City, at its discretion, may proceed to conduct such initial environmental tests and surveys on the land as it may deem appropriate, and the subdivider shall grant to the City and its agents and employees such reasonable access to the land as is necessary to conduct such surveys and tests. If the results of such surveys and tests indicate a reasonable possibility of environmental contamination or the presence of USTs, the City may require further survey and tests to be performed at the subdivider's expense as the City may deem necessary prior to its acceptance of the dedication, or in the alternative, the subdivider may be required to identify alternative property or pay the fees-in-lieu of such parkland dedication.

10.

Trash and Debris. The park site shall be free of trash and debris. If the condition of the dedicated parkland is disturbed during construction of subdivision improvements then the subdivider shall be responsible for returning the dedicated land to its previous condition prior to or at the time of final plat filing. The public improvements to be constructed per the applicable subdivision plat will not be accepted by the City until such time that the above conditions have been met.

11.

Areas not Meeting the Minimum Requirements. In the event that areas proposed for dedication do not meet the grade, slope, or other requirements for parkland dedication found in this section, but are known to contain sensitive environmental features, the City may, at its discretion and after review by the Parks and Recreation Advisory Board, modify the standards of this section subject to the following limitations:

a.

that such areas shall provide recreational or educational opportunities for the surrounding community in-lieu of parkland dedication;

b.

that such areas shall be given a partial credit against the requirement of land dedication and/or payment of fees; and

c.

that such areas shall meet any additional standards deemed necessary by the Planning and Zoning Commission after a recommendation by the Parks and Recreation Advisory Board, pertaining to the dedication of land containing sensitive environmental features.

J.

Private Parks.

1.

Private Parkland Required. It is the intent of the City to provide for adequate areas of parkland within every subdivision as deemed practical by the City. All residential subdivisions developed after the effective date of this UDC that do not dedicate land in accordance with Paragraph D above, shall be required to dedicate an area as private parkland or open space. The amount of parkland dedicated and amenities provided shall be approved by the Parks and Recreation Advisory Board, but shall generally be as follows:

a.

435.6 square feet of private open space (which equates to one acre per 100 lots) for the first 200 single family residential lots.

b.

217.8 square feet of private open space (which equates to one-half acre per lot) for every additional single family residential lot over 200 lots.

c.

Private open space shall not be significantly encumbered by utility easements and may not be located within drainage easements.

d.

open space being provided must generally be at least one-half acre in size.

e.

open space shall be located so as to be easily accessible by lots within the subdivision.

2.

Credit for Private Parkland. Up to fifty percent (50%) in area of a subdivision's total parkland dedication requirement may be satisfied through the dedication of a private park within the subdivision. Up to fifty percent (50%) of the parkland development fee may be satisfied through the development of a private park within the subdivision.

3.

Maintenance of Private Parks. The subdivider must submit a condominium declaration, homeowner's agreement or similar document which establishes the private ownership and maintenance responsibility of any private park areas together with a mechanism for funding the maintenance of the park established to meet the requirements of this section. In addition, a plat note must be included on the preliminary plat and final plat stating the ownership and maintenance responsibility of all private park areas.

4.

Requirement of Continued Use. A restrictive covenant shall be recorded at the time of the recording of the plat, which covenant shall run with the land subdivided. The covenant shall restrict use of private parks and facilities to park and recreational purposes and must be submitted for approval by the City prior to final plat acceptance.

5.

Security for Performance. The City may require financial assurances from the subdivider that the private park will be developed and completed, with assurances that a failure by the subdivider to timely complete the improvements to the park shall result in dedication of the private park to the City and the proceeds of the financial assurances as offered become the property of the City for use in completing the park.

(Ord. No. 17-S-41, § 1(Exh. A), 10-24-2017; Ord. No. 22-S-19, § 1(Exh. A), 4-26-2022)

A.

Purpose and Intent. The purpose of this section is to regulate outdoor lighting in order to reduce or prevent light pollution in the City. New lighting technologies have produced lights that are extremely powerful, and these types of lights may be improperly installed so that they create problems of excessive glare, light trespass, and higher energy use. Excessive glare can be annoying and may cause safety problems. Light trespass reduces privacy, degrades the enjoyment of the night sky, and results in higher energy use and increased costs for everyone. Appropriately regulated, and properly installed, outdoor lighting will contribute to the safety and welfare of the residents, and will help preserve the rural and historic character of the City.

B.

Applicability.

1.

The regulations contained in this section are applicable only within the corporate limits of the City.

2.

Compliance with the regulations in this section is strongly encouraged for improvements and developments within the ETJ in order to prevent light pollution and preserve the rural and historic character of the City.

3.

All outdoor lighting fixtures installed on private and public property within a new development or redevelopment within the City limits shall be required to comply with this UDC. This UDC does not apply to interior lighting; however, overly bright lighting emitted from a structure will be subject to this UDC if it is determined by the City Manager or his/her designee that it creates a nuisance or a potential safety hazard.

4.

All outdoor lighting fixtures existing and legally installed and operating before the effective date of this UDC shall be exempt from this UDC unless they are determined to create a safety hazard. When existing lighting fixtures become inoperable, their replacements are subject to the provisions of this UDC.

5.

Modifications to nonconforming lighting fixtures shall also comply with this section.

6.

In the event of a conflict between this section and any other section of this UDC or any other regulation of the City, the more stringent requirements shall apply.

C.

Exemptions. The following are exempt from the provisions of this UDC:

1.

publicly maintained traffic control devices;

2.

street lights installed prior to the effective date of this UDC;

3.

temporary emergency lighting (fire, police, repair crews);

4.

lighting fixtures and illumination requirements imposed by TxDOT within TxDOT rights of way (ROW);

5.

moving vehicle lights;

6.

navigation lights (aircraft warning beacons on water towers and wireless transmission facilities) required by State or Federal law;

7.

signs and associated lighting that conform to the sign regulations of this section;

8.

seasonal decorations with lights in place no longer than sixty (60) days;

9.

sports field lighting;

10.

other temporary uses approved by the City Council (festivals, carnivals, fairs, night-time construction);

11.

covered porch lighting on residences provided that each external light fixture does not exceed 150 watts; and

12.

security lights of any output that are controlled by a motion sensor switch provided they do not exceed 0.25 footcandle at the property line and do not remain illuminated for a duration not to exceed ten to twelve (10-12) minutes after activation.

D.

Submittals. Applications for all building permits for new construction or redevelopment, including the installation of outdoor lighting fixtures, shall provide proof of compliance with this UDC. The submittal shall contain the following information as part of the Site Plan:

1.

plans indicating the location, type, and height of lighting fixtures including both building mounted and ground mounted fixtures;

2.

a description of the lighting fixtures, including lamps, poles or other supports and shielding devices, which may be provided as catalog illustrations from the manufacturer;

3.

photometric data, which may be furnished by the manufacturer, showing the angle of light emission;

4.

detailed site lighting plan illustrating the footcandle power measured throughout the site; and

5.

additional information as may be required by the Planning and Zoning Commission in order to determine compliance with this UDC.

E.

General Standards. The following standards shall apply to all outdoor lighting installed after the effective date of this UDC.

1.

Outdoor lighting shall be designed to provide the minimum lighting necessary to ensure adequate safety, night vision, and comfort, and not create or cause excessive glare onto adjacent properties and public street rights of way.

2.

Outdoor lighting must be hooded, shielded, and/or aimed downward at at least a forty-five degree (45°) angle.

3.

The hood or shield must mask the direct horizontal surface of the light source. The light must be aimed so as to ensure that the illumination is only pointing downward onto the ground surface or into the building. No illumination may spill onto adjacent property.

4.

Any bright light shining onto an adjacent property or street that would result in a safety hazard is not permitted. Light trespass beyond property boundaries or above the horizontal plane shall be considered non-compliant.

5.

Existing fixtures may be adapted to comply with this UDC by adding a properly designed hood or shield, or by redirecting any upward mounted fixture downward onto the ground surface, sign, or illuminated structure.

6.

All outdoor lighting fixtures shall be designed, located, and maintained to minimize light trespass and all direct illumination shall be kept within the boundaries of the property upon which the light fixture is positioned.

7.

When approved, accent lighting shall be directed downward onto the structure or object and not toward the sky or adjacent properties. Direct light emissions shall not be visible above the roofline or beyond the building edge.

8.

Spotlights on landscaping and foliage shall be limited to 150 watts output. The light shall be shielded and so as not to create a nuisance or safety hazard.

9.

Wall lighting attached to exterior buildings and structures shall not be the only source of light for parking lots.

10.

Wall lighting shall be hooded or shielded to prevent light trespass beyond the property line.

F.

Specific Nonresidential Lighting Requirements.

1.

The maximum allowable intensity of lighting for any nonresidential use shall be 0.25 footcandles measured at the property line adjacent to any residentially zoned area or at the street ROW line when the residentially zoned area is separated by a public street ROW.

2.

Light poles shall be placed on the site at a setback equal to their height from all adjacent residential property or street rights-of-way.

3.

Lighting facilities used to light signs, parking areas or for other purposes shall be so arranged that the source of light is concealed from adjacent residential properties and does not interfere with traffic.

4.

When a light source has elements such as shields, reflectors or refractor panels which direct and cut off the light at a cutoff angle that is less than ninety degrees (90°), the maximum permitted height shall be thirty (30) feet.

5.

When a light source has a cutoff angle of ninety degrees (90°) or greater, the maximum permitted height shall be fifteen feet (15').

A.

Purpose and Applicability.

1.

Purpose. This section establishes a Site Plan review process for certain proposed residential, nonresidential, and mixed-use developments. The purpose of Site Plan approval is to:

a.

ensure compliance with the requirements of this UDC;

b.

promote better site design;

c.

integrate projects more effectively into their surrounding environment;

d.

prevent the impairment or depreciation of property values;

e.

improve internal vehicular and pedestrian circulation;

f.

encourage quality and innovative site planning techniques;

g.

project and enhance the overall general public health, safety and welfare;

h.

ensure efficient and safe land development;

i.

ensure harmonious use of land;

j.

ensure compliance with the Comprehensive Land Plan and other appropriate design standards; and

k.

ensure adequate parking and loading, water supply, drainage and storm water management, sanitary sewer facilities, and other utilities and services.

2.

Applicability. Site Plan review and approval shall be required as follows:

a.

for any development that contains two (2) or more residential dwelling units on a single tract, lot, or parcel of land;

b.

for any development that contains single-family attached dwelling units;

c.

for any non-residential development;

d.

any increase in an existing non-residential structure or a residential structure that contains two (2) or more residential dwelling units that is greater than twenty-five percent (25%) of the existing building square footage;

e.

for any single-family residential development that includes a private amenity or facility or a golf course; and

f.

no building permit shall be issued for any of the above developments until a Site Plan and all other required engineering/construction plans are first approved by the City. No certificate of occupancy shall be issued until all construction and development conforms to the approved Site Plan and associated engineering/construction plans. The Site Plan review process shall include, but not be limited to, the following steps:

i.

Site Plan review and approval; and

ii.

Construction of project (after City approval of required Site Plan and other associated plans, including platting and engineering plans).

3.

Exempted Uses. The following land use activities are exempted from the requirements of this Article:

a.

construction of a one family dwelling, accessory structure and related land use activities;

b.

repair and maintenance of existing structures or uses;

c.

agricultural land uses;

d.

incidental landscaping or grading;

e.

individual manufactured homes; and

f.

interior alterations that do not substantially change the nature or use of the structure.

B.

Application Requirements. Any request for Site Plan approval shall be accompanied by an application prepared in accordance with the Development Manual.

C.

Processing of Application and Decision.

1.

Submittal. An application for a Site Plan shall be submitted to the City Manager or his/her designee. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee shall forward a copy of the proposed plan to the other appropriate departments for review and recommendation.

2.

Site Plan Approval. The City Manager or his/her designee may approve a site plan. The City Manager or his/her designee may, for any reason, elect to present the site plan for approval to the Planning and Zoning Commission. The City Manager or his/her designee shall not approve with conditions or disapprove a site plan and shall be required to refer any site plan for which approval is refused to the Planning and Zoning Commission. The City Manager or his/her designee or the Planning and Zoning Commission shall act on the plan within thirty (30) days after the date a complete application is filed.

3.

Conditional Approval and Denial. If the Commission conditionally approves or denies the plan, a written statement must be provided to the applicant clearly articulating each specific condition for the conditional approval or reason for denial. Each condition or reason specified in the written statement may not be arbitrary and must include a citation to the regulation, ordinance, or law that is the basis for the conditional approval or denial.

4.

Applicant Response to Conditional Approval or Denial. After the conditional approval or denial of a plan, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for denial provided. The City Manager or his/her designee is authorized to approve revisions required for conditional approval of the site plan. The Planning and Zoning Commission shall determine whether to approve or deny the applicant's previously denied plan or conditionally approved plan, if forwarded to the commission by the City Manager or his/her designee, no later than the fifteenth (15 ^th ) day after the date the response was submitted.

D.

Criteria for Approval. The City Manager or his/her designee in considering final action on a Site Plan, should consider the following criteria:

1.

the Site Plan is consistent with the general purpose and intent of the applicable zoning district regulations;

2.

the Site Plan is compatible with adjacent developments and neighborhoods and includes improvements to mitigate development related adverse impacts;

3.

the Site Plan does not generate pedestrian or vehicular traffic which will be hazardous or conflict with the existing traffic patterns in the area;

4.

the Site Plan incorporates features to minimize adverse effects on adjacent properties;

5.

adequate capacity of public or private facilities for water, sewer, electricity and transportation to and through the development are provided to the site;

6.

the proposed use and associated Site Plan promotes the health, safety or general welfare of the City.

E.

Revisions to Approved Site Plan. Changes to an approved Site Plan shall be processed in the same manner as the original approved Site Plan; however, changes of details within a Site Plan which do not alter the basic physical relationship of the property to adjacent property, do not alter the use permitted, increase the density, floor area, height, or reduce the yards provided at the boundary of the site as indicated on the approved Site Plan, may be authorized by the City Manager or his/her designee.

F.

Expiration of Site Plan. A Site Plan shall expire if any of the following occurs:

1.

a building permit has not been approved within two (2) years for the construction of any building on the property for which the Site Plan was approved.

(Ord. No. 17-S-40, § 1(Exh. A), 10-24-2017; Ord. No. 18-S-04, § 1(Exh. A), 1-23-2018; Ord. No. 19-S-22, § 1(Exh. A), 9-3-2019; Ord. No. 24-S-15, § 1(Exh. B), 4-16-2024; Ord. No. 24-S-154, Exh. A, 10-22-2024)