Landscaping is accepted as adding value to property and is hereby declared to be in the interest of the general welfare of the city. The provision of landscaped areas serves the following purposes:

Landscaping is hereby required of new developments and certain types of redevelopments (as set forth in section 2 below), and minimum landscape requirements for different types of development are as set forth herein.

The standards and criteria contained within this article are deemed to be minimum standards and shall apply to the following types of development:

The following types of development shall be exempt from the required new landscaping provisions of this article (but other general provisions of this article shall still apply, such as those for maintenance, visibility, etc.):

Any use requiring a special use permit (SUP) or a planned development (PD) zoning designation must comply with these landscape standards unless special landscaping standards are otherwise provided for in the ordinance establishing the SUP or PD district.

The provisions of this article shall be administered and enforced by the city manager or his/her designee. If at any time after the issuance of a certificate of occupancy, the approved landscaping is found to be not in conformance with the standards and criteria of this article, the city manager (or his/her designee) shall issue notice to the owner, citing the violation and describing what action is required to comply with this article. The owner, tenant or agent shall have 30 calendar days from date of said notice to establish/restore the landscaping, as required. If the landscaping is not established and/or restored within the allotted time, then such person shall be in violation of this article and revocation of any occupancy or use permitted under the comprehensive zoning ordinance.

For applicable development (see section 2 above), a detailed landscape plan shall be submitted and approved by the planning and zoning commission, along with the site plan review and approval process (see division 23 of the zoning ordinance for site plan approval process). The landscape plan may be shown on the site plan (provided the site plan remains clear and legible) or may be drawn on a separate sheet. The planning and zoning commission shall review the landscape plan and shall approve same if the plan is in accordance with this article, and with the stated purpose and intent of this article. If the plan is not in conformance, it shall be disapproved and the minutes of the planning and zoning commission meeting at which the plan was disapproved shall state the reasons for denial of the plan.

Landscaping plans shall be prepared by a person knowledgeable in plant material usage and landscape design (e.g., landscape architect, landscape contractor, landscape designer, etc.), and they shall be sealed by a licensed landscape architect.

Landscaping plans shall contain the following minimum information:

The planning and zoning commission may approve an alternative landscape plan that modifies the minimum requirements of Sections 7 and 8 of this article if it finds that the alternative landscaping proposed meets all of the following criteria,:

Changes to the originally approved landscape layout will require submission and city review and approval of a revised landscape plan for the property. A revised landscape plan shall be prepared in the same manner, and showing the same information, as an original landscape plan (see section 4). A properly submitted revised landscape plan shall be reviewed by city staff for conformance with this article, and shall be scheduled for consideration by the planning and zoning commission unless the changes are very minor in nature (see subsection 1 below) in which case the plan may qualify for administrative approval by city staff.

All required landscaped open areas shall be completely covered with living plant material. Landscaping materials such as wood chips and gravel may be used under trees, shrubs and other plants, but shall not comprise a significant portion of the total landscaped area. Any additional landscaped (i.e., pervious) areas that are in excess of the required landscaped area shall also be covered with living plant material, such as turf grass or other ground cover (i.e., shall be “greenscaped” rather than being covered with gravel or other unattractive surfacing).

Plant materials permitted under this article shall conform to the standards of the Approved Plant List for the city (see section 12 of this article) and the current edition of the “American Standard for Nursery Stock” (as amended), published by the American Association of Nurserymen. Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects.

Large shade trees (see “large trees” in section 12, approved plant list) shall be a minimum of three inches in caliper (measured 12 inches above the ground) and seven feet in planted height at time of planting. Small ornamental trees (see “small trees” in section 12, approved plant list) shall be a minimum of one and one-half inch in caliper (measured six inches above the ground) and five feet in planted height at time of planting.

Shrubs that are not of a “dwarf” variety shall be a minimum of two feet in planted height at time of planting. Hedges or shrub massings, where installed for screening purposes, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen which will be six feet high within three years after time of planting (except for parking lot/headlight screens, which shall form a continuous, solid visual screen three feet high within two years after planting). Shrubs that are of a “dwarf” or “miniature” variety shall be a minimum of one foot in planted height at time of planting unless that particular variety and size of shrub is typically less than one foot in planted height in this portion of North Central Texas.

Vines that are not intended as ground covers shall be a minimum of two feet (2') in height (i.e., vine length) immediately after planting, and they may be used in conjunction with decorative fences, screens or walls to meet landscape screening requirements if such strategy is approved by the planning and zoning commission on the site plan and landscape plan.

Proposed grass areas for new developments, and for the redevelopment of a property that is subject to this article (see section 2), shall be sodded, plugged, sprigged, hydro-mulched and/or seeded, except that solid sod Bermuda turf grass (or other good coverage evergreen ground cover, if approved on the landscape plan) shall be used in all street and alley rights-of-way (i.e., the “parkway” area between the property line and the street curb or alley paving, and including all street rights-of-way in front of a development site), in swales, earthen berms or other areas subject to erosion and for areas that will be subject to high foot traffic. The requirement to use solid sod shall be limited to those areas where the surface soil is disturbed during the development (or redevelopment) of the property, and shall not apply in the case of a single-family residence where the soil surface is not disturbed in the street right-of-way.

All turf and ground cover areas shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one (1) year of planting.

All required landscaped areas shall be equipped with, and 100 percent covered by, an automatic, underground irrigation system with freeze and moisture sensors to prevent watering at inappropriate times. If appropriate and attractive xeriscape planting techniques are utilized (these techniques are encouraged by the city, if designed and maintained appropriately), the planning and zoning commission may waive the requirement for an underground irrigation system, and may accept an alternative irrigation system/device, at the time of site plan and landscape plan approval.

Irrigation facilities within medians or adjacent to curbs shall be designed and installed with low gallonage and low angle nozzles in such a way as to avoid water overflow into the street. Freeze and moisture sensors will be placed in each controller to prevent irrigation systems from activating during freezing weather (creating unsafe spillage and ice on roads and/or sidewalks) and during other inappropriate times, such as rainy periods, when use of irrigation water is wasteful and not necessary.

All landscaping (including xeriscape landscaping) areas shall be protected by a six-inch monolithic concrete curb (or by wheel stops or other appropriate landscaping device, if such is approved by the planning and zoning commission on the landscape plan), and all landscaping areas shall be maintained in a healthy, living, growing and thriving condition. All landscaped and open space areas, including parking lots, shall be kept free of trash, litter and other similar debris.

No irrigation devices shall be visible from public streets or walkways (except for underground irrigation systems whose sprinkler heads are designed to “pop up” during use, and to lower back into the ground after they turn off). Underground systems which are designed to irrigate portions of public right-of-way and street parkways (such as between sidewalks and the street curb) shall be designed such that main irrigation water lines are at least three feet away from the street curb (single sprinkler head serving lateral lines shall “T” out from the main line toward the street curb - this minimizes damage to the irrigation system if a vehicle jumps the curb into the parkway area).

Earthen berms shall have side slopes not to exceed 33.3 percent (3:1 slope; three feet of horizontal distance for each one foot of vertical height). All berms shall include necessary drainage provisions, including any necessary erosion prevention measures, as may be required by the city’s engineer.

All existing trees which are to be preserved (also see section 9 or [of] this article) shall be provided with undisturbed, permeable surface area under (and extending outward to) the existing dripline of the tree. All new trees shall be provided with permeable surface area under the dripline that is a minimum diameter of five feet around the trunk of every tree. No paving or impervious surface material may be placed closer than five feet from the trunk of any tree (unless otherwise approved by the planning and zoning commission on the landscape plan, and provided that appropriate root barriers or other root containment techniques are used to prevent long-term damage to paving, particularly sidewalks, by root growth and spreading).

All trees shall be maintained by the property owner (or by the immediately adjacent property owner where trees are located within public right-of-way) such that they are “limbed up” to allow a clear height of at least seven feet over all sidewalks and other pedestrian pathways, and a clear height of at least 14 feet over all streets, drive aisles and other vehicular trafficways.

All trees and landscape materials that are planted as required in this article (from the city’s approved plant list, section 12) shall be installed by someone who is knowledgeable in the installation of landscaping materials, and shall be covered by a minimum two-year warranty against health problems, disease, pests, decline and loss due to death of the trees or landscape materials (except for seasonal plantings which require regular change-outs). The required two-year warranty shall not apply to the trees required on individual single-family lots. It is the property owner’s responsibility to ensure that all trees and landscape materials continue to be maintained in a healthy, living, growing and thriving condition. Property owners may be required to replace trees and landscape materials which are not healthy or which have died.

Only small ornamental trees, shrubs and groundcovers (i.e., no large shade trees) shall be planted under existing or proposed overhead utility lines or within any water, sanitary sewer, storm drainage or utility easement (unless such placement is approved by the city’s engineer, and by the planning and zoning commission on the landscape plan).

Necessary driveways from public rights-of-way shall be permitted through all required landscaping, provided that such driveways are approved on the site plan (and by any other appropriate entity other than the city, such as TxDOT), and provided that such driveways are paved and installed in accordance with city (and other applicable entities’) regulations.

For all nonresidential and multifamily developments (including schools, churches, day care facilities, and other similar uses in a residential district, and also including manufactured home and single-family attached developments), at least 20 percent of the street yard shall be permanently landscaped area. The street yard shall be defined as the area between the building front and the front property line (which is not necessarily the front street right-of-way line if lots are platted between the building front and the street itself).

A minimum ten-foot landscape buffer strip adjacent to the right-of-way of any major or minor thoroughfare (Type B or larger) shall be required. All other street frontages (smaller than Type B) shall observe a minimum five-foot landscape buffer.

A minimum three-foot-wide landscaped area shall be required around the perimeter of the building(s)’s foundation, except where sidewalks enter and where loading docks, fire lanes or patios abut (i.e., patios attached to the main foundation) the building(s). The building foundation landscaping shall be comprised of and planted with trees, shrubs and ground cover materials (i.e., not just turf grass). The building foundation landscaping area on street side(s) of the building may be included in the required street yard landscape area percentage.

Landscaped islands within parking lots shall be pervious surface area and shall be at least 50 square feet (or the equivalent of one parking space) in size, with no curbs or paving closer than five feet to the trunk of any tree. Landscape islands having no trees shall be no less than five feet wide. The portions of parking lots and truck maneuvering areas that are screened from public view, and that are located completely behind the main building, and that are farther that 100 feet from any public street right-of-way line, shall not be required to provide interior parking lot landscaping islands or trees as required in subsections 7(D)1. and 7(D)2. below.

For single-family detached and two-family developments only, each residential lot shall be planted with at least one of the following combinations of trees (all required trees shall be from the Approved Plant List, section 12):

Single-family attached (i.e., townhome) developments shall provide at least one (1) small ornamental tree in the front yard, and at least one (1) large shade tree (three-inch minimum caliper) in the back yard, of each townhome lot.

Trees, except very small ornamental trees, shall not be planted between the street curb and the sidewalk (due to maintenance issues) unless otherwise specifically approved as part of a Planned Development (PD).

Entryway landscaping into a residential subdivision shall be placed on private property (i.e., not within public right-of-way) and within an easement that is dedicated to an official homeowners’ association for long-term maintenance.

Rigid compliance with the city’s zoning and other development regulations shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an intersection of two (2) or more public rights-of-way occurs, a triangular visibility area, as described below, shall be created. Landscaping and other structures (including walls, fences, signs, art objects, etc.) within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level between 30 inches and eight feet. Trees may be permitted in this area provided they are trimmed (i.e., “limbed-up”) in such a manner that no limbs or foliage extend into the cross-visibility area. The triangular areas shall be defined as:

No signs, fences, walls, art objects or landscaping (except for required grass and low ground cover) shall be located closer than three feet from the edge of any street pavement.

All unpaved street medians and parkways (areas along roads, within the right-of-way) shall be prepared with a minimum of four (4) inches of topsoil, and then solid-sodded (e.g. Bermuda grass in irrigated areas and low-maintenance buffalo grass in un-irrigated areas). In addition, one large shade tree, from the city’s approved plant list (see section 12 of this article), per 500 square feet of landscaping shall be provided within all street medians. The location of all trees shall be coordinated with the city to avoid conflict with any utilities within the medians and traffic movement. These landscape areas shall be maintained by the developer or other entity (such as the owner of adjacent property, and properly formed homeowners’ or property owners’ association, etc.) until adequate coverage is attained at a maintenance level compatible with like areas in other parts of the city, unless other contractual arrangements are made between the developer (or other entity) and the city (the city will assume responsibility after one year - this allows the landscaping materials to go through a full cycle of seasonal change). Water stub-outs or curb stops will be placed at unpaved medians established by the city. Special features, such as signage and ornamental landscaping or objects for entrance features, shall be placed entirely upon private property and shall be maintained by the developer or other entity with a properly established maintenance easement. Landscape plans for any landscaping, beautification or tree planting in street medians and parkways shall be submitted to the city for approval prior to construction and planting in accordance with section 4 of this article. All water usage shall be metered to a private individual or maintenance entity that is approved by the city (such as a homeowners’ or property owners’ association). Within medians, no plantings or irrigation facilities shall be permitted within areas of less than five feet in width. All such areas (i.e., portions of medians that are less than five feet wide) shall be covered with stamped concrete median pavers tinted to look like red brick, in accordance with city design standards and with prior city approval.

Any developer or other entity desiring to install or maintain landscaping materials, beautification elements, or irrigation facilities in any portion of a public street, median or other right-of-way shall submit to the city complete plans for any and all proposed improvements prior to constructing or installing any of these improvements in accordance with the city’s site plan and landscape plan review procedures. The plans shall include the following:

The city shall review and approve or deny the submitted plans (in accordance with the city’s normal site plan and landscape plan review procedures), and shall have the right to require revisions to the plans, as necessary, in order to ensure protection of public health, safety and welfare. Any installation of landscape or beautification materials or irrigation facilities shall be in full compliance with the plans and specifications as approved by the city.

The developer (or other entity) desiring to provide, install or maintain landscaping or irrigation facilities in a public street, median or right-of-way must first enter into and execute a “median and right-of-way landscaping and irrigation agreement” with the city, according to the rules and regulations as set forth herein (hereinafter called “agreement”). The city manager (or his/her designee) is authorized to execute the agreement on behalf of the city. With the execution of this agreement, the developer (or other entity) shall provide a performance bond signed by the developer (or other entity) and a surety acceptable to the city, in the total amount of the estimated cost of the proposed improvements. The performance bond shall ensure that the work is preformed by the developer (or other entity) in conformity with the covenants, conditions and agreements contained in the agreement.

In accordance with state law for public improvement projects, the city manager (or his/her designee) may require the developer (or other entity) to also provide the city with a cash escrow to the city for ten percent of the total cost of the proposed improvements prior to approval of the plans. In order to defray future costs of replacement landscaping and irrigation that may be incurred by the city, the city manager (or his/her designee) may also require such other terms and conditions in the agreement he/she deems are reasonably necessary to ensure the proper installation and long-term maintenance of all landscaping and irrigation facilities.

In areas that will be maintained by the city, all landscape and irrigation materials to be used by the developer (or other entity) shall be designed to conserve water and be of low maintenance. All landscape and irrigation improvements shall conform to the requirements of the city governing sight distance for traffic safety and other ordinances of the city.

All planting must be approved by the city. All plant types will be clearly shown on the landscape and irrigation plans that are submitted to the city for review and approval.

The developer (or other entity) shall furnish, or cause to be furnished at its sole expense, all labor, equipment, accessories, and services necessary to install all landscaping materials and irrigation facilities in accordance with the plans as approved by the city. All installation will be inspected by the city, and any incorrectly, inappropriately or unapproved installed elements shall be corrected or removed by the developer (or other entity) as directed by the city.

Irrigation equipment shall be installed in accordance with subsection 6(H) of this article.

The developer (or other long-term maintenance entity such as a homeowners’ or property owners’ association), at its sole expense, shall furnish or cause to be furnished all labor, materials, equipment, accessories, and services necessary to maintain all plant materials when and as they become damaged or die.

In residential developments, the developer shall maintain all landscaping and irrigation materials and equipment until at least 90 percent of the lots have been sold and homes been constructed. If, after development, less than 90 percent of the lots in the residential subdivision have building permits issued for the construction and the certificates of occupancy (COs) have been received for homes thereon, then in such event, the developer’s maintenance responsibilities shall continue until such 90 percent issuance is realized. With approval by the city, the developer may then relinquish maintenance responsibility to a viable homeowners’ association that has been established and approved by the city.

In commercial developments, the developer, commercial property owners’ association, or abutting property owners shall permanently maintain all landscape and irrigation materials installed in public streets, medians or other right(s)-of-way (per agreement with the city).

When a homeowners’ association or commercial property owners’ association, or other entity, is created for the responsibility of maintaining any areas landscaped under the “median and right-of-way landscape and irrigation agreement”, association documents shall be submitted for review and approval by city staff and the city council.

Upon installation, all landscape and irrigation materials within medians or right(s)-of-way shall become property of the city.

city shall periodically inspect the areas landscaped under the “median and right-of-way landscape and irrigation agreement”, to determine that such areas are being properly maintained by the developer, or other city-approved entity. If the city finds that the developer or other responsible entity is not properly maintaining such areas, the city shall notify the developer or other responsible entity in writing, specifying the deficiencies. If the developer or responsible entity does not remedy such deficiencies within fifteen (15) calendar days following receipt of such notice, the city shall have the option of performing the necessary maintenance work itself and bill the developer or other responsible entity for all costs for such maintenance.