§ 6-10. Landscape requirements

A. Purpose. It is the purpose of this section to establish certain regulations pertaining to landscaping within the city. These regulations provide standards and criteria for new landscaping and the retention of existing trees which are intended to:

1. Promote the value of property, enhance the welfare, and improve the physical appearance of the city;

2. Reduce the negative effects of glare, noise, erosion and sedimentation caused by expanses of impervious and un-vegetated surfaces within the urban environment; and

3. Preserve and improve the natural and urban environment by recognizing that the use of landscaping elements and retention of existing trees can contribute to the processes of air improvement and purification, oxygen regeneration, groundwater recharge, abatement of noise, reduction in glare and heat, provision of habitats for wildlife, and enhance the overall beauty of the City of McLendon-Chisholm.

4. These landscape regulations establish requirements in the NC, GB, CP, O-1, O-2, LI, Zoning Districts and all non-residential development located in a residentially zoned district.

5. Residential uses in the A, SF5, SF2.5, and SF1.5 Districts shall conform only to the requirements set forth in subsection E, Residential uses, of this section.

6. Non-residential uses located within the SF5, SF2.5, SF1.5, and MH. Zoning Districts, which consist of principle structures, parking areas, and signage, shall be required to comply with the requirements contained in this section.

B. Landscaping definitions. The following definitions shall apply:

Buffer yard. A buffer yard is a unit of land, together with a specified amount of planting thereon, and any structures which may be required between, land uses to eliminate or minimize conflicts between them.

Building footprint. The area of the building in contact with the ground.

Caliper. Diameter of the trunk measured four foot above grade.

Canopy trees. A perennial woody plant single or multiple trunks, contributing to the uppermost spreading branch layer of a forest and may be commonly referred to as shade trees.

Development. The changing of the existing topography in order to promote the construction of structures or infrastructure to accommodate any improvements necessary to erect facilities for dwelling or commercial or industrial uses resulting in developed property. The changing of the existing topography in order to promote the construction of structures or infrastructure to accommodate any improvements necessary to erect facilities for dwelling or commercial or industrial uses resulting in developed property.

Enhanced pavement. Any permeable or non-permeable decorative pavement material intended for pedestrian or vehicular use. Enhanced pavement includes brick or stone pavers, grass pavers and stamped and stained concrete.

Ground cover. Low growing, dense spreading plants typically planted from containers.

Interior lot area. The area of the lot remaining after subtracting out the area included in the buffer yards.

Landscape architect. A person registered as a landscape architect in the State of Texas pursuant to state law.

Landscape area. An area covered by natural grass, ground cover, or other natural plant materials.

Lawn grasses. Thin bladed surface growing plants typically planted from seed, sprigs, or plugs.

Licensed irrigator. A person duly licensed by the State of Texas to design and install irrigation systems.

Permeable pavement. A paving material that permits water penetration.

R.O.W. parkway. That area within the public right-of-way (R.O.W.) between the back of curb or edge of pavement and the right-of-way line.

Seasonal color. Landscape areas used for annual and perennial flowers intended to maintain year-round color accents.

Shrubs. Plants that grow vertically in a mufti-branched growth pattern.

Understory/accent trees. Small evergreen or deciduous perennial woody plants, which would grow below the top layer of the forest and typically has unique branching, textural or seasonal color characteristics.

C. Events causing compliance. Land uses not previously subject to landscaping requirements may be required to comply with this section upon the occurrence of one of the following events:

• A change in zoning;

• Requirement of landscaping as conditions of a specific use permit;

• Issuance of a building permit; or

• Loss of legal non-conforming status.

D. Landscaping generally. Landscape installation required:

1. A minimum of 20 percent of the total lot shall be landscaped. Landscaping which includes the planting of new and the retention of existing shrubs, trees, and flowering plants, in addition to grass, may reduce the landscape requirement to ten percent of the total lot area. Landscaping which consists of grass only will require 20 percent of the total area to be landscaped.

2. 20 percent of the total land area in any lot upon which development or construction occurs for any use after the effective date of this article shall be landscaped in accordance with this section.

3. Where the construction is to be a single phase of a multi-phase development, only the area being constructed in the current phase need be subject to the landscape regulations. However, each phase will be required to meet the landscaping requirements as they are being developed.

E. Required tree planting in residential districts. Residential uses located in the SF-5, SF2.5, or SF1.5 zoning districts shall be required to locate a minimum of two trees within the front-yard setback. The size of such trees shall be a minimum of three-inches in caliper and shall be approved by the city according to the recommended tree list, section 6-10, Landscaping regulations.

F. Landscaping plan required.

1. The landscape plan may be prepared by the applicant, or his/her designee. The landscape plan is not required to be prepared by a registered or certified professional.

2. A landscaping plan shall be submitted to the city for approval. The landscape plan may be submitted as a part of the site plan or as a separate submittal. However, a landscape plan meeting the requirements of this article shall be provided and approved prior to the issuance of a building permit.

3. The landscape plan shall contain the following information:

4. Drawn to scale; Minimum scale of one inch equal 50 feet;

5. Location of all trees to be preserved, method of preservation during the construction phase of development shall be approved by the director of parks and recreation.

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

7. Species of all plant material to be used;

8. Size of all plant material to be used;

9. Spacing of plant material where appropriate;

10. Layout and description of irrigation, sprinkler or water system, including placement of water sources;

11. Description of maintenance provisions of the landscape plan;

12. Persons responsible for the preparation of the landscape plan.

G. Locational criteria.

1. Not less than 40 percent of the total landscaping shall be located in the designated front yard.

2. In the LI Zoning District only the front yard 40 percent of the total 20 percent shall be required. The rear and side yard landscape requirements may be waived upon submittal of a landscape plan showing other requirements.

3. All landscape material shall comply with visibility requirements of the McLendon-Chisholm Subdivision Regulations.

H. Credits toward landscaping requirements.

1. Grass is an appropriate landscape material. However, a variety of plan material is recommended. Credits toward the landscaping requirements may be granted in the following manner:

2. Additional enhancement credit may be obtained by providing the following optional landscaping elements.

Landscape Area Credit
Landscape Element	Amount of Area Credit
For each 3 inch tree	200 sq. ft.
For each 6 inch tree	400 sq. ft.
For each existing 6" tree protected and kept	800 sq. ft.
For each one-gallon shrub	10 sq. ft.
For each five-gallon shrub	25 sq. ft.
For each sq. ft. of flowering beds	2.5 sq. ft.
For each sq. ft. of xeriscape area	5 sq. ft.
For each sq. ft. of landscaped R.O.W.	0.5 sq. ft.

 

3. In no instance shall the total amount of landscaping on a lot be reduced through credits by more than 50 percent of the landscaped area required by this article.

4. Xeriscaped area shall be clearly located and detailed on the site plan. In addition, the xeriscape methodology shall be detailed on the site plan.

5. A flowering bed is any area where the soil has been specifically prepared for the planting of flowering plants. In addition in order to be considered for credit calculations, at least 80 percent of the prepared area must be covered with flowering plant material at the time of peak growth.

6. Caliper of trees is to be measured at a point 12 inches above top of ground.

7. In order to receive credit for protecting and keeping existing trees, the area within the dripline of the tree must be protected by fencing during grading and construction.

I. Installation and maintenance.

1. All required landscaped area shall be permanently landscaped with living plant material, and shall have an irrigation system installed. Synthetic or artificial lawn or plant material shall not be used to satisfy the landscape requirements of this article.

2. Landscaped areas shall be kept free of trash, litter, weeds, and other such materiel or plants not a part of the landscaping.

3. All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Maintenance shall include mowing, watering, trimming, pruning, etc.

4. Plant materials which die shall be replaced with plant material of similar variety and size within 90 days period, with a one time extension not exceeding 90 days being provided upon approval of the city council.

J. Landscaping of parking lots. It is the intent of these landscape regulations to encourage design and construction of parking areas so that in a manner whereby areas within the parking lot are landscaped as well as areas considered unusable for parking or maneuvering space are landscaped. The following minimum requirements shall be observed:

1. A minimum of ten percent of the gross parking area shall be devoted to living plant material. Gross parking area shall be measured from the edge of the parking and/or driveway paving and sidewalks.

2. Landscaped areas within parking lots shall be located so as to best relieve the expanse of paving.

3. The placement of additional landscaped islands throughout the parking area in a manner which best relieve large expanses of paved area is encouraged.

4. Landscape material which is located within the interior of a parking lot shall be surrounded by a curb of four inches in height.

5. Landscaping within a parking lot shall not create a visibility obstruction. A visibility obstruction within a parking lot is defined as landscaping between 30 inches in height and seven feet in height. No shrubs shall exceed 30 inches in height. Tree canopies shall be at least seven feet in height.

6. For large existing trees located in the parking area, which is being retained and incorporated into the landscaping plan, an appropriate aeration system or an alternative method of protecting the tree must be provided and detailed in the landscape plan.

7. For each landscaped island of at least ten feet by 20 feet located within a parking lot, credit for four parking spaces will be provided. Credit for parking spaces cannot reduce the overall parking requirement by more than 20 percent or to less than ten total spaces.

K. Landscaping as related to certificate of occupancy.

1. All landscaping shall be completed and installed in accordance with the approved landscape plan within 90 days of a certificate of occupancy being granted. A one-time extension not to exceed 90 days may be granted upon approval of the mayor or his/her designee.

2. If these landscaping requirements have not been satisfied within the 90 days six month period from when the certificate of occupancy is issued, the property owner shall be considered in violation of this the Zoning Ordinance of the City of McLendon-Chisholm, and shall be subject to the penalties established herein. A one-time extension not to exceed 90 days may be granted upon approval of the city council.

L. Nonconforming landscaping conditions. Developments, structures, and uses that are in existence at the time of the adoption of this article, which do not meet the landscape requirements provided herein, will be considered as being legal nonconforming . These nonconforming uses/structures will be subject to Article 2, Nonconforming lots, structures, and uses of the McLendon-Chisholm Zoning Ordinance, unless otherwise provided for in this section.

M. Relief from landscaping requirements. Upon completion of the following, relief from landscaping requirements may be granted in situations where the individual circumstances, such as the presence of existing facilities or unusual topography, limit the applicant's ability to comply with the landscaping requirements of this article:

1. The applicant shall provide the city council with an alternative landscape plan for review and approval.

2. Said landscape plan will illustrate a plan to landscape area as available, provide for irrigation, and provide a phasing schedule for completing the plan.

3. The installation of landscaping as indicated by the landscape plan is completed and approved by the city.

Approved/Recommended Plant List

Common Name	Scientific Name
Canopy Trees
An " * " indicates an approved street tree
Ash, Texas	Fraxinus texensis
Cedar Elm	Ulmus crassifolia
Cedar, Eastern Red	Juniperus virginiana
Cypress, Bald	Taxodium distichum
Elm*, Lace Bark	Ulmus parvifolia
Magnolia, Southern	Magnolia grandiflora
Maple, Bigtooth	Acer gradidentatum
Maple, Caddo	Acer saccharum
Oak, Bur	Quercus macrocarpa
Oak, Chinquapin	Quercus muhlenbergil
Oak, Escarpment Live	Quercus fusi formis
Oak, Lacey	Quercus glaucoides
Oak, Live	Quercus virginiana (Escarpment)
Oak, Post	Quercus stellata
Oak, Red	Quercus shumardi
Oak, Texas Red	Quercus texana
Osage Orange	Maclura pomifers (thornless andfruitless)
Pecan (native)	Carya illinoinensis
Pistache*, Chinese	Pistacia chinenis
Soapberry, Western	Sapindus drummondii
Walnut, Black	Juglans nigra
Ornamental Trees
An " * " indicates an approved street tree
Buckeye, Mexican	Ungnadia speciosa
Buckeye, Texas	Aesculus glabra var. arguta
Buckthorn, Carolina	Rhamnus caroliniana
Chaste Tree*	Vitex agnus-castus
Crabapple, Prairie	Pyrus ioensis
Crape Myrtle*	Largerstroemia indica
Eves Necklace	Sophora affinis
Goldenball Leadtree	Leucaena rietusa
Hawthorne*	Crataegus phaenopyrum
Hawthorne*	Cratoegus crus-galli
Hawthorne*	Cratoegus reverchonii
Holly, Possumhaw	Ilex deciduas
Indigo, False	Amorpha fruticosa var. angustipolic
Mountain Laurel, Texas	Sophora secundiflora
Persimmon, Texas	Diospyros texana
Plum, Mexican	Prunus mexicana
Redbud	Cercis canadensis
Smoketree	Cotinus obovatus
Smoketree*	Cotinus caggyria
Sumac, Prairie Flame-leaf	Rhus lanceolata
Viburnum,Rusty Blackhow	Viburum rufidulum
Wax Myrtle	Myrica cerifera
Willow, Desert	Chilopsis linearis
Yaupon Holly	Ilex vomitoria
Shrubs
An " * " indicates an approved street tree
Agarita	Berberis trifoliolata
Althea	Hibiscus syriacus
American Beautyberry	Callicarpa americana`
Aspidistra	Aspidistra eliator
Barberry, Red	Berberis thunbergii
Barberry, Texas	Berberis thunbergii
Bayberry	Myrica pensylvanica
Bird of Paradise	Caesalpinia gilliesii
Burning Bush	Euonymus alata compacta
Butterfly Bush	Buddleia sp.
Cactus, Prickly Pear	Opuntia phaceacantha
Cenizo	Leucophyllum frutescens
Chokeberry, Red	Aronia arbutifolia
Coralberry	Symphoricarpos obiculatus
Dogwood, Rough Leaf	Cornus drummondii
Elaeagnus	Elaeanus macrophylla
Forsythia	Forsythia sp.
Germander, Upright	Teucrium chamaedrys
Holly, Dazzler	Ilex cornuta 'Dazzler'
Holly, Dwarf yaupon	Ilex vomitoria
Holly, Nellie R. Stevens	Ilex x 'Nellie R. Stevens'
Honeysuckle, Bush	Lonicera fragrantissima
Hydrangea, Oakleaf	Hydrangea quercifolia
Hypericum, Upright	Hypericum patulum
Jasmine, Italian	Jasmine nudiflorum
Lantana	Lantana horrida
Mahonia, Leatherleaf	Mahonia bealeii
Mimosa, Fragrant	Mimosa borealis
Nandina, Compact	Nandina domestica compacta
Nandina, Gulfstream	N.d. 'Gulfstream'
Nandina, Standard	N. domestica
Pavonia	Pavonia lasiopetala
Photinia, Chinese	Photinia serrulata
Privet, Southern River	Ligustrum vulgare
Privet, Variegated	Ligustrum luicidum 'variegata'
Quince, Flowering	Chaenomeles japonica
Sage, Cherry	Salvia greggii
Sjpiraea, Bridal Wreath	Spiraea sp.
Spiraea, Anthony Waterer	Spiraea x bumalda 'goldflame'
Spiraea, Goldflame	Spiraea x bumalda 'goldflame'
Spiraea, Little Princess	Spiraea x bumalda 'Little Princess'
Spiraea, Shirobana	Spiraea japonica 'Shirobana'
Sumac, Aromatic	Rhus aromatica
Sumac, Evergreen	Rhus virens
Sumac, Smooth	Rhus glabra
Turk's Cap	Malvaviscus drummondii
Viburnum, Cranberry Bush	Viburnum opulus
Viburnum, Small Leaf	Viburnum obavatum
Viburnum, Snowball	Viburnum opulus
Virginia Sweetspire	Itea virginica
Wax Myrtle, Dwarf	Myrica pusilla
Yucca, Red	Hespenaloe paruiflora