Loading...
O-83-2011 - 7/14/1983ORDINANCE NO. cg o / / AN ORDINANCE AMENDING CHAPTER 3, CODE OF ORDINANCES, CITY OF ROUND ROCK, TEXAS, BY ADDING SECTION 10. LANDSCAPING REQUIREMENTS; DEFINING CERTAIN TERMS; PROVIDING THE PROPERTY TO WHICH THE REQUIREMENTS APPLY; PROVIDING FOR A SITE PLAN; ESTABLISHING REQUIREMENTS; PROVIDING FOR CREDITS; PROVIDING FOR INSPECTIONS; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in order to provide for the orderly, safe and healthful development of land located within the corporate limits of the City of Round Rock, Texas, and to promote the health, safety and general welfare of the community, it is deemed necessary to establish requirements for the installa- tion and maintenance of landscaping elements and other means of site improvements in off-street parking areas and other developed properties; and, WHEREAS, the regulations contained herein are necessary to enhance the community's ecological, environmental and aesthetic qualities; and, WHEREAS, paved surfaces, automobiles, buildings and other improvements all produce great increases in air temperatures, a problem especially noticeable in this southern region, but plants have the opposite effect through transpiration and the creation of shade; and, WHEREAS, the City Council declares the purposes and intent of this Ordinance to be as follows: To ensure that local stock vegetation is replenished; of native trees and To assist in providing adequate light and air and in preventing overcrowding of land; To provide visual buffering and enhance the beautification of the City; To safeguard and enhance property values and to protect public and private investment; To preserve and protect the unique identity and environment of the City of Round Rock and preserve the economic base attracted to the City of Round Rock by such factors; and (6) To protect the public health, safety and general welfare; Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, I. THAT CHAPTER 3 OF THE CODE OF ORDINANCES, CITY OF ROUND ROCK, TEXAS IS HEREBY AMENDED BY ADDING A SECTION, TO BE NUMBERED SECTION 10, WHICH SAID SECTION SHALL READ AS FOLLOWS: SECTION 10. LANDSCAPING REQUIREMENTS A. DEFINITIONS (1) Buffering. The use of landscaping (other than mere grass on flat terrain), or the use of landscaping along with berms, walls or decorative fences that at least partially and periodically obstruct the view from the street, in a continuous manner, of vehicular use areas, parking lots and their parked cars, and detention ponds. (2) Caliper. The diameter of a tree measured six inches (6") above ground when planted. (3) Dripline. The periphery of the area underneath a tree which would be encompassed by perpen- dicular lines dropped from the farthest edges of the crown of the tree. (4) Landscaped Area. The area within the boundaries of a given lot or where applicable, the adjoining street right-of-way, which is devoted to and consists of plant material, including but not limited to grass, trees, shrubs, flowers, vines and other groundcover, native plant materials, planters, brick, stone, natural forms, water forms, aggregate and other landscape features, but not including the use of smooth concrete or asphalt; provided, however, that the use of brick, stone, aggregate or other inorganic materials shall not exceed 20% of the required landscaped area. (5) Pervious. The ability of a substance to allow the passage of water. Pervious pavers shall be considered as pervious cover. (6) Street Yard. The area of a lot which lies between the street right-of-way and the actual front wall line of the building, as such building wall line extends from the outward corners of the building, parallel to the street, until such imaginary extensions of such front building wall line intersects the side property lines. In determining the actual building wall of the building for the purposes of this Section, steps and unenclosed porches shall be excluded, but such building wall line shall follow and include the irregular indentions of the building. A front building wall is a building wall fronting on a street. 2 On corner lots, the street yard shall consist of all the area of such lot between all abutting street right-of-way lines and their corresponding actual front building wall lines, as such lines are imaginarily extended in the manner provided above. When there are multiple buildings on a lot, the street yard shall consist of all the area of the lot between the street right-of-way line(s) and an imaginary line beginning at one side of the property line, running parallel to the street, connecting to the frontmost corner of the building wall fronting the street and nearest such side property line, then following and connecting the frontmost walls of all buildings fronting on the street, and then extending to the other side property line, running parallel to the street. If a building has a rounded front, the front building wall corners shall be the points closest to the side boundaries. Provided, that isolated buildings (e.g. photo processing dropoffs, bank drive-throughs, etc) shall not be considered in delineating the street yard. Notwithstanding all of the foregoing, on land used only for parking purposes or only as a commercial or private parking lot, the street yard shall consist of the area between the street right-of-way line and the back property line. (7) Tree. A woody plant having one well defined stem or trunk and a more or less definitely formed crown, and usually attaining a mature height of at least eight feet (8'). B. APPLICATION (1) Except as otherwise provided, the landscaping requirements of this section shall apply to all land located in the City of Round Rock. Such land- scaping requirements shall become applicable as to each individual lot at the time an application for a building permit on such lot is made. (2) A common development which includes more than one lot shall be treated as one lot for the purposes of satisfying the landscaping requirements of this Section. Split ownership, planning in phases, construction in stages, and/or multiple building permits for a project shall not prevent it from being a common development as referred to above. Each phase of a phased project shall comply with the requirements of this Section. (3) The requirements of this Section shall not apply to the following: (a) Building permits for single-family and two family residences where only one such structure is constructed per lot. (b) Building permits for the substantial restoration of a building constructed prior to the adoption of this ordinance, issued within a period of 12 months after the building has been damaged by fire, explosion, flood, tornado, riot, act of the public enemy, or accident of any kind. (c) Building permits for land in the Central Business District. For the purposes of this Section, the Central Business District shall be described as Lots 11-19 of Blocks 21 and 22, Original Town Plat. (d) Building permits issued prior to the effective date of this Ordinance. (4) The provisions of this Section shall be subordinate to the provisions of this Code pertaining to traffic and pedestrian safety. C. SITE PLAN (1) When an application is made for a building permit on any land where the landscaping requirements of this Section are applicable, such building permit application shall be accompanied by a site plan containing the information listed in subsections (a) through (i) below. (a) The date, scale, north point, title and name of owner. (b) The location of existing boundary lines and dimensions of the tract. (c) The approximate center line of existing water courses; the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys, existing and proposed easements on or adjacent to the lot, and existing and proposed sidewalks adjacent to the street. (d) The location, size, and type (tree or shrub, groundcover, or grass) of proposed landscaping in proposed landscaped areas; and the location and size of proposed landscaped areas. (e) The location and species of existing trees in the street yard and parking lots having trunks eight inches (8") caliper or larger and the approximate size of their crowns. (f) Information necessary for verifying whether the required minimum percent of landscaped area has been met under Section D. REQUIRE- MENTS as applicable, and whether a particular area qualifies for 200% credit under Section E. CREDITS hereof. (g) An indication of how the applicant plans to protect the existing trees, which are proposed to be retained, from damage during construction. (h) The proposed irrigation system as required by Section D. REQUIREMENTS. 4 (i) The certification of an architect, landscape architect, engineer, or the certification of a licensed nurseryman that the plans satisfy the requirements of this ordinance. Provided, however, that for a common development or project as referred to in subsection C.2 above, which is greater than two (2) acres in size, such plans and certification shall be made by an architect or landscape architect only. D. REQUIREMENTS (1) On all land to which this Section applies, at least 20% of the street yard shall be landscaped. On all lots having a street yard of 10,000 square feet or less, up to one-half of this requirement may be placed in the non -paved street right-of- way abutting the lot. On all lots having a street yard in excess of 10,000 square feet, up to one-fourth of this requirement may be placed in the non -paved street right-of-way abutting the lot. However, no existing or newly planted trees in the right-of-way shall be counted toward the satisfaction of the requirements set forth in paragraph D.(3) below. (2) In order to utilize the right-of-way as provided in D.(1) above, said right-of-way must be landscaped. Provided however, all landscaping in the right-of-way shall be subject to the follow- ing requirements: (a) The City may at any time require such land- scaping to be removed and the City shall not be held responsible or liable for any damages due to such removal. (b) All such landscaping shall be in compliance with all provisions of this Code pertaining to traffic and pedestrian safety. (c) No _ - planters or other permanent structures may be placed within the right-of-way. (d) The owner of the lot shall be responsible for maintaining the landscaping located within the right-of-way. (e) In the event that any other governmental entity is trustee of the public right-of-way at the particular location in question, permission for installation of the land- scaping must be obtained from the entity involved. (3) All newly planted trees shall be planted in a pervious area no less than 3 feet wide in any direction. In the street yard, at least one tree of at least 12 inch caliper (either existing or planted) shall be included and replaced as necessary to maintain the following minimum ratios: (a) In street yards up to 10,000 square feet, 1 tree per 1,000 square feet, or fraction thereof, of street yard. 5 (b) In street yards between 10,000 and 110,000 square feet, 1 tree per 2,500 square feet, or fraction thereof, of street yard area over 10,000 square feet is added to the require- ment of 10 trees. (c) In street yards over 110,000 square feet, 1 tree per 5,000 square feet, or fraction thereof, of street yard area over 110,000 square feet, is added to the requirement of 50 trees. (4) (a) Vehicular use areas, parking areas, parking lots and their parked vehicles shall have effective buffering from the street view. If these areas are buffered by plant material in lieu of a berm or wall, the plant material must be no more than 36 inches on center when installed. (b) In all vehicular use areas and parking areas of a street yard, a minimum of 90 square feet for each 12 parking spaces shall be devoted to landscaped islands, peninsulas, or medians. There shall be no requirement for such landscaped areas in a non -street yard. (c) The number, size, and shape of required islands, peninsulas, and medians in both street yards shall be at the discretion of the owner. However, no parking space shall be located further than 50 feet from a tree in a pervious landscaped island, peninsula or median. All islands, peninsulas and medians required in the areas stated above, shall be more or less evenly distributed throughout such parking areas, respectively; however, the distribution and location of landscaped islands, peninsulas, and medians may be adjusted to accomodate existing trees or other natural features so long as the total area requirement for landscaped islands, peninsulas, and medians for the respective parking areas above, is satisfied. (d) Only landscaped islands, peninsulas, and medians in the street yard shall count toward fulfilling the requirements of this Section. (e) Except for landscaping in right-of-ways, all landscaping which is in required landscaped areas and which is adjacent to pavement shall be protected with concrete curbs or equivalent barriers such as car bumpers or railroad ties. (5) The existing natural landscape character (especially native oaks, elms, and pecan trees) shall be preserved to the extent reasonable and feasible. For example, in an area of the street yard containing a stand of trees, the developer 6 shall use best good faith efforts to preserve such trees. Indiscriminate clearing or stripping of the natural vegetation on a lot is prohibited. (6) Landscaping shall not obstruct the view between the street and access drives and parking aisles near the street yard entries and exits, nor shall any landscaping which creates an obstruction of view be located in the radius of any curb return. (7) All required landscaping shall be irrigated by one of the following methods: (a) A sprinkling system. (b) A drip irrigation system, or (c) A hose attachment within 100 feet of all landscaping, provided, however, a hose attach- ment within 200 feet of all landscaping in non -street yards shall be sufficient. (8) Required landscaped areas shall be maintained free of debris and litter. Landscaping that has died shall be replaced at the minimum standards required herein. E. CREDITS (a) Each square foot of pervious landscaped area within the dripline of a tree at least 4 inches caliper, shall count as 2.0 square feet of landscaped area for the purposes of satisfying Section D. REQUIREMENTS. (b) In order to encourage growth of trees between 4 and 8 inches caliper, such trees may receive special credit for twice the area of the drip - line, provided that the increased credit area contiguous to the dripline is pervious. (c) Any existing tree which is at least 8 inches caliper or at least 6 inches caliper and at least 15 feet tall, shall be considered as two trees for the purposes of satisfying Section D. REQUIRE- MENTS. Celtis Occidentalis (hackberry), Juniperus Virginiana and Juniperus Ashei (Common Cedar) are excluded from this credit. (d) The following conditions shall not be eligible for the 200% credit: (i) Overlapping dripline areas, (ii) Dripline areas with less than 50% pervious cover, and (iii) Dripline areas that have had damaging changes in the original grade. Changes in grade required by City ordinances such as sidewalks, curbing, driveway approaches, etc. shall not be considered as damaging changes. 7 (e) In no case shall the actual landscaped area in the street yard be less than 50% of the required minimum percentages, as applicable under Section D. REQUIREMENTS. F. INSPECTION (1) An inspection fee of $.05 per square foot for the required landscaped area shall be collected by the Building Inspection Department at the time of application for a building permit. In no case shall the fee exceed $300.00 or be less than $25.00. This fee shall be calculated without regard to any credits to which the applicant may be entitled. (2) The Building Inspection Department shall inspect each site prior to the issuance of a certificate of occupancy. If the required landscaping is not yet in place, the developer/owner shall make fiscal arrangements (by bond, certificate of deposit, or letter of credit) satisfactory to the City in the amount of two dollars per square foot of required landscaping not in place to ensure that such required landscaping shall be installed. Any developer/owner wishing to make such fiscal arrangements must also grant license to the City to enter upon the land for the pur- poses of installing the required landscaping in the event that such landscaping is not in place at the time of the inspection required by the preceding subsection. Such fiscal arrangements shall be released if the required landscaping is in place at the time of such inspection. Compliance with this ordinance must be met within nine months of the issuance of the certificate of occupancy. II. A. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. B. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. C. This ordinance shall become effective as of August 15, 1983. of the READ and APPROVED on first reading this the CO /T� day , 19/3. READ, APPROVED and /,, r rN ATTEST: day of ADOPTED , 19 on second reading this nd- NNE LAND, ity Secretary LARRY . ON' Mayor City of Round Rock, Texas 8