These landscape design standards are intended to address the health, safety, and welfare concerns of the City's residents and to maintain a sense of community. These standards will support and promote an aesthetically appealing village that includes benefits to residents, such as pedestrian access, will provide sound environmental guidelines to enhance the quality of life, and will affirm the positive redevelopment of property along I-10 in a manner that promotes and enhances the image of a wooded city.

These standards are based on the premise that trees are a part of our heritage and our future, and that landscaping is an essential part of the quality of life within our city.

These standards are intended to create greater human comfort by providing shade; by cooling the air and otherwise tempering the effects of summer heat; by restoring oxygen to the atmosphere; by reducing glare and noise levels; by promoting clean air quality by increased dust filtration; by improving surface drainage and minimizing flooding; by beautifying and enhancing improved and undeveloped land; by maintaining the ambiance of the city; and by ensuring that tree removal does not reduce property values.

The urban forest includes all of the trees within the rights-of-way, creeks, medians, parkland, municipal, commercial and residential properties of the City. Trees are a major economic asset to our community, and a key factor in attracting residents, businesses and visitors. To the maximum extent possible, existing trees should be protected and preserved to main these important assets to our community.

These standards are intended to encourage site planning, which furthers the preservation of trees and natural areas by these methods; to protect trees during construction; to facilitate site design and construction, which contribute to the long-term viability of existing trees; to control the unnecessary removal of trees; and to require on-site replacement of trees that must be removed.

These standards shall not be construed to apply to any lot used for a single-family residential dwelling.

(Ordinance 2008-22 adopted 11-18-08)

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

Berm. A mound of earth with sloping sides that is located between areas of approximately the same elevation.

Canopy Tree. Any self-supporting woody plant with one well-defined trunk and a distinct and definite formed crown which attains a height of at least thirty (30) feet, such as oaks, pecans, and maples.

Diameter Breast Height (DBH). The trunk diameter of a tree measured at four (4) feet from ground level.

Drip Line. The periphery of the area underneath a tree that would be encompassed by perpendicular lines dropped from the farthest edges of the crown of the tree.

Groundcover. A spreading plant including sods and grasses with a mature height of less than eighteen (18) inches in height.

Landscaped Area. That area within the boundaries of a lot that is devoted to, and consists of, plant material, including but not limited to grass, trees, shrubs, flowers, vines and other groundcover.

Planting island. A curbed buffer planting areas adjoining parking areas, a minimum of five (5) feet wide.

Shrub. A woody perennial plant differing from a perennial herb by its more woody stem and from a tree by its low stature and habit of branching from the base.

Sight Triangle. The area at a street corner lying within a triangle beginning at the precise intersection point of the curbs of each of the two (2) streets forming the corner and extending twenty-five (25) feet along each curb line away from the curb intersection point, with the third side being determined by drawing a straight line connecting the ends of such 25-foot extensions. The sight triangle may include both public and private property.

Tree. A woody plant having one well-defined stem or trunk having a more or less definitely formed crown, and ordinarily attaining a mature height of not less than six (6) feet.

Understory Tree. Any self-supporting woody plant with one (1) or more trunks, which attains a height of at least fifteen (15) feet, such as Redbuds, and Crape Myrtles.

Undesirable Tree. A tree such as a prohibited species or planted or existing in violation of the spacing requirements of this Chapter, a tree that is dead or dying, a tree that is a hazard to public health, or a tree that has damaged and will continue to damage property.

(Ordinance 2008-22 adopted 11-18-08)

For purposes of this Chapter, any approved or required tree shall be on the list of approved replacement trees (understory or large) in Chapter 3 of the Code of Ordinances.

Cross reference— (See Spring Valley Village Code of Ordinances § 3.1004, Tree Code)

(Ordinance 2008-22 adopted 11-18-08)

When plants are used for landscaping, the following requirements shall apply:

Plants shall be staggered or clustered as necessary to meet the requirements of this section, and to meet the needs of the particular species of plants for root space, water, light, and circulation.

Plants shall be of the following minimum sizes at the time of planting:

Plants shall be trimmed and maintained in order to attain natural shapes and mature heights.

(Ordinance 2008-22 adopted 11-18-08)

Prior to site clearing or the construction, erection, or alteration of a building or structure subject to the requirements of this Chapter, a landscape plan, prepared by a landscape architect or landscape professional, shall be submitted concurrent with and approved as a part of the application for a building permit. These plans shall also be submitted as a part of a planned area development site plan in an application for a planned area development district. The landscape plan shall contain as a minimum the following information:

A planting plan of landscape plant material identifying location, size and quantity. The landscape plant material shall be identified by its scientific and common names.

Plans with dimensions and elevations, where appropriate, of special structural elements such as fences, walls, planters, fountains, berms, walkways, irrigating systems, and other elements included as special features to the landscape plant material. For the purposes of evaluating the effectiveness of proposed screening, site sections may be required.

Building outlines, parking areas and arrangements, fences, monument signs and other structural features to be constructed on the site.

Plans shall be prepared at engineering scale of one (1) inch to twenty (20) feet or larger scale. The plan sheets shall contain a scale, north arrow, name and address of the landscape architect, designer or architect and the site owner and/or developer. The plans shall also identify the development and provide a brief description of the property and its location.

(Ordinance 2008-22 adopted 11-18-08)

Prior to the alteration, enlargement or change to an approved landscape plan, an amended plan shall be submitted to and approved by the Building Official. Such amended landscape plan shall be submitted in accordance with the provisions of this Chapter.

(Ordinance 2008-22 adopted 11-18-08)

Prior to any site clearing or the removal or any tree removal from any lot or tract, the owner of the property must submit to the City a tree survey.

These standards are intended to be supplementary to the requirements of Chapter 3 of the Code of Ordinances.

(Ordinance 2008-22 adopted 11-18-08)

Cross reference— (See City Of Spring Valley Village Code of Ordinances § 3.1002).

Prior to site clearing or the construction, erection, or alteration of a building or structure subject to the requirements of this Chapter, any tree to be removed shall be marked with a highly visible orange or red paint and/or ribbon and such markings shall be maintained during the plan approval process.

(Ordinance 2008-22 adopted 11-18-08)

Each tree must be fenced during development or predevelopment activity. During construction each tree or group of trees nine (9) inches in diameter or larger shall be completely enclosed within four (4) feet high chain link or equivalent fencing, with lateral supports spaced no more than eight (8) feet apart, located at the trees drip line, unless construction of improvements is to occur within this drip line area. In that event, the tree protection fence shall enclose the balance of the drip line area, and the area upon which construction activities will take place must be first covered with a minimum of six (6) inches of organic mulch or covered with ¾-inch plywood to protect the tree roots.

A person commits an offense if that person pours or disposes of waste concrete, lime, paint, paint thinner, chemicals or other soil contaminants, or place any building or construction materials or topsoil within the drip-line of any tree.

In the event construction causes or results in standing water or wet soil conditions which are harmful to the species of trees present, drainage must be provided for in the Tree Protection Plan to prevent suffocation and/or root rot of the tree.

In connection with construction activities, no person shall damage any tree trunk or limb with any equipment, or by nailing or bolting into the tree, or by attachment of guy wires or cables.

No fill dirt, soil, or sand, or other improvement is permitted in excess of two (2) inches under any tree drip-line except within the footprint or area of the building or structure constructed; before any fill or pavement is placed within the drip-line of any tree, a written tree preservation plan for the tree must be submitted to and approved by the City's building official.

The fence may incorporate existing fences or walls as well as temporary fencing; and

A separate fence permit is not required for construction of a fence under this section, if a permit for the work is in effect and includes tree disposition conditions.

A person commits an offense if that person uses the area within the protective fencing, required by this section, for trash disposal, storage, vehicle parking or any other use that adversely affect tree roots.

(Ordinance 2008-22 adopted 11-18-08)

All trees to be planted on public property shall conform to the following requirements:

All plant materials supplied shall conform to the May 12, 2004, Edition of the American Standard for Nursery Stock.

All plants shall be typical of their species or variety and shall have a sufficient normal growth of spread and height. One-sided plants or plants taken from tightly planted nursery rows will also be rejected. They shall be sound, healthy and vigorous, well-branched and densely foliated when in leaf. They shall be free of disease, insect pests and larvae. They shall have healthy, well-developed root systems.

With the goal of avoiding a monoculture of tree species that can lead to a catastrophic canopy loss, limits are imposed to promote healthy tree diversity.

All trees planted on public property shall be of a kind (species) referenced on the city's recommended tree list and tree plan.

To curtail the spread of disease or insect infestation in a plant species, no more than seventy (70) percent of the trees required to be planted on a site shall be of one (1) genus. In addition, when more than twenty (20) trees are required on a site, no more than thirty-five (35) percent of the required trees shall be of a single species.

Tree planting operations should be scheduled to complete the work within a time which is advantageous to the survival of the tree.

Trees shall be planted according to the following spacing requirements:

Understory trees which have an ultimate height of twenty-five (25) feet and 15-foot to 25-foot spread shall be planted fifteen (15) to twenty (20) feet apart, as measured from the center of the tree trunk.

Canopy trees which have an ultimate height greater than fifty (50) feet and over 40-foot spread shall be planted thirty-five (35) to forty (40) feet apart, as measured from the center of the tree trunk.

Planting of canopy trees directly under aerial utility easements and within municipal utility district easements is prohibited. Canopy trees should not be planted within twenty (20) feet of an aerial easement.

A proposal to vary from these spacing requirements by grouping trees to achieve a special landscape effect may be approved.

Trees shall be planted according to the following location requirements:

No medium or large trees shall be planted within twenty (20) feet of any overhead utility wire. Medium or large trees shall be planted an appropriate distance from underground utilities, as approved by the City Engineer.

No tree shall be planted closer than ten (10) feet to a fire hydrant, utility pole or streetlight.

Trees that are to be planted shall be selected from species suitable for the proposed site conditions. For example, if the location for the tree is to be wet, the tree must be able to withstand wet conditions.

(Ordinance 2008-22 adopted 11-18-08)

Trees must be replaced as follows: the owner and the homebuilder/developer of any lot or tract of land who remove or have removed any tree nine (9) inches in diameter (28.86" in circumference) or larger, according to any tree survey submitted to the city, shall be required to replace each such tree removed with an approved tree planted on the lot or tract that is no less than three (3) inches in diameter (9.42" in circumference) measured after planting.

Replacement tree requirements may be satisfied by the following methods, or combination of methods: compliance with the provisions of 12.14; planting additional site trees, and/or planting required trees in approved off-site public areas and/or parks.

(Ordinance 2008-22 adopted 11-18-08)

Notwithstanding the foregoing provisions of this Chapter, a landscape plan which is alternative to strict compliance with the various landscaping requirements of this section may be approved by the planning and zoning commission if the commission finds that such plan is as good or better than a plan in strict compliance with the various landscaping requirements of this section in accomplishing the purposes of this section.

(Ordinance 2008-22 adopted 11-18-08)

Off-street parking lot areas shall be screened from public view by:

A solid evergreen hedge consisting of a double row of shrubs planted in a triangular pattern and spaced at a minimum of thirty (30) inches or less, or a berm, which reaches a minimum of four (4) feet in height including plantings at maturity.

Screening from adjacent properties shall not be required for off-street parking areas where adequate screening exists within the subject tract.

(Ordinance 2008-22 adopted 11-18-08)

The requirements of this subsection shall be minimum standards. Interior landscaping shall be required to be integrated into the overall design of the surface parking area in such a manner that it will assist in defining parking slots, pedestrian paths, driveways, and internal collector lanes, in limiting points of ingress and egress, in providing traffic calming, in separate parking pavement from street alignments, and in providing visual interruption to rows of parking.

12:14.01.01

All landscape islands and buffer areas adjoining parking areas shall be curbed.

12:14.01.02

Landscaping shall be provided in the interior areas of parking lots.

12:14.01.03

Lots with fewer than ten (10) spaces, no interior landscaping requirements.

12:14.01.04

Not less than one (1) canopy or understory tree shall be planted along the perimeter of a parking area for each thirty (30) feet of continuous parking.

12:14.01.05

Trees shall be located in every landscape island. The minimum required planting areas is two hundred (200) square feet for double loaded parking aisles and one hundred (100) square feet for single load parking aisles. There shall be one landscape island per ten (10) parking spaces.

12:14.01.06

Landscape islands shall be located at each end of a parking row and every ten (10) parking spaces, as well as at the corners of the parking lots.

12:14.01.07

Landscaping shall be required to interrupt front building lines unbroken for a distance in excess of one hundred fifty (150) feet.

(Ordinance 2008-22 adopted 11-18-08)

Landscaping shall be placed adjacent to each monument sign in an amount equal to or greater than fifty (50) percent of the area of such monument sign. This landscaping shall consist of bushes, shrubs, annual and perennial flowering plants, and appropriate vegetative ground cover or a combination thereof, and shall be in addition to any other landscape requirements set forth in this section.

(Ordinance 2008-22 adopted 11-18-08)

(See 06:03.09 Fences [Ordinance 20, Book I, Section 4, adopted 3-11-60]). When berms are used for landscaping, such as for screening under this section, the following requirements shall apply:

Berms shall be constructed with soft, natural forms, and with smooth transitions, at a slope of no greater than one (1) unit rise to three (3) units run, unless stabilized by an anchored, durable retaining wall.

Berms shall be planted with trees, shrubs, vines, grasses, or other ground cover.

(Ordinance 2008-22 adopted 11-18-08)

All plantings, except a tree, within a sight triangle, shall be less than thirty (30) inches above the street gutter flow line. In compliance with state law, tree limbs must be greater than fourteen (14) feet above the street gutter flow line. It is presumed that a person who owns or controls real property within the city maintains all trees and plants on that property. The city may enter a sight triangle and remove growths prohibited by this section, and there shall be no liability to others for taking or not taking such action.

(Ordinance 2008-22 adopted 11-18-08)

Maintenance of landscaping within street rights-of-way shall be the responsibility of the adjacent property owner. Trees, shrubs, bushes or other vegetation planted in the street right-of-way shall not interfere with the view of traffic along the street. No trees, bushes, shrubs or other vegetation greater than thirty (30) inches in height shall be planted, grown or maintained within the sight triangle.

(Ordinance 2008-22 adopted 11-18-08)

Irrigation and wise water conservation practices are part of maintaining a healthy landscape within the City. The general welfare of the citizens of the City and its environs requires that the water resources available to the city be used with maximum efficiency, and that quality of treatment and disposal of wastewaters achieve optimal standards.

(Ordinance 2008-22 adopted 11-18-08)

All landscaped areas shall be irrigated by means of a subsurface irrigation system, including a rain sensor used to measure rainfall and control over-watering.

12:20.01.01

All approved vegetative landscaping and screening, including irrigation systems, shall be in place prior to the issuance of an occupancy permit, or if reasonable considerations prohibit the completion of the planting of landscape material a conditional occupancy permit may be issued for such time as is reasonable to complete the landscape planting.

12:20.01.02

An automatic rain sensor shall accompany each automatic irrigation controller.

The owner, tenant or anyone exercising control of the premises, and their agents and employees, shall be responsible for the placement and maintenance of all irrigation systems; and to keep same in a good condition so as to present a healthy, neat and orderly appearance, free from refuse and debris. Maintenance and repair of irrigation systems is the sole responsibility of the property owner/developer.

All landscaping and screening, including irrigation systems, shall be maintained to continue its effectiveness. If it deteriorates or dies, it shall be repaired or replaced during the next planting season, or within three (3) months.

(Ordinance 2008-22 adopted 11-18-08)

(Ordinance 2008-22 adopted 11-18-08)

The following constitute a waste of water and are prohibited:

Failing to repair a controllable leak, including a broken sprinkler head, a leaking valve, leaking or broken pipes, or a leaking faucet;

Operating a permanently installed irrigation system with a: broken head; a head that is out of adjustment where the arc of the spray head is over a street or parking lot; a Head that is misting due to high water pressure;

Allowing water to run off a property during irrigation, such that there is a trail of water that is running in the street for a distance of fifty (50) feet or greater; or

Allowing water to pond in the street or parking lot to a depth greater than one (1) inch.

(Ordinance 2008-22 adopted 11-18-08)

Due to their destructive nature as an invasive nuisance to the ecology of the gulf coast of Texas, these plants are prohibited from planting within the City: Chinese Tallow Tree (Triadica sebifera), Elephant Ear (Alocasia macrorrhizos), Arizona Ash (Fraxinus velutina), Trumpet Vine (Campsis radicans) and Kudzu (Pueraria montana).

(Ordinance 2008-22 adopted 11-18-08)

A tree or plant infected by a lethal disease communicable to another tree or plant is a public nuisance. Any tree within the city limits that is infested with the insect known as the Southern Pine Beetle or is diseased, as determined by a representative of the city, a representative of the state forest service, or an entomologist, is declared to be a public nuisance.

(Ordinance 2008-22 adopted 11-18-08)

A person may not knowingly permit or maintain a tree or plant that is a public nuisance on land owned by or under the supervision or control of the person. A person must remove a diseased tree or plant, or abate the nuisance created by the tree or plant on property owned by or under the person's supervision or control as required by the building official, or urban forester. When such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the City. The Building Official will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within sixty (60) days after the date of service of notice. In the event of failure of the owners to comply with such provisions, the City shall have the authority to remove such trees and charge the owner for the cost of removal.

(Ordinance 2008-22 adopted 11-18-08)