HomeMy WebLinkAboutORD 00-96 ORDINANCE NO. �D
ENTITLED AN ORDINANCE AMENDING CHAPTER 30,
SECTION 30-31, LANDSCAPING AND SCREENING
REQUIREMENTS, OF THE CODE OF ORDINANCES OF THE
CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL; AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 30, Section 30-31, Landscaping and Screening Requirements, of the Code
of Ordinances of the City of Beaumont be and the same is hereby amended to read as
follows:
GAMORDINANMAMEND\30-31 AMD
Sec. 30-31. Landscaping and Screening Requirements.
(a) Purpose: The provisions of this section for the installation and
maintenance of landscaping and screening are intended to protect the
character and stability of residential, commercial, institutional and industrial
areas,to conserve the value of land and buildings of surrounding properties
and neighborhoods, to enhance the aesthetic and visual image of the
community,to encourage the preservation of large trees which once
removed can be replaced only after generations, and to assist with clean air.
In no case shall these provisions restrict ADA requirements.
(b) Landscape Plan Required:
All building permit applications for new building construction shall be
accompanied by two(2)blueline or blackline prints of the Landscape Plan
to be approved by Development Services before issuance of the building
permit.
The Landscape Plan shall contain sufficient detail to show the following:
1. The date, scale, north arrow and names and address and phone
numbers of each property owner and person preparing the plans.
2. The footprint of all existing and proposed structures.
3. Remaining and/or proposed site elements such as power poles,
fences, walls, drainage swales, easements, sidewalks, parking lot
layout, pedestrian walkways, and other such elements.
4. A schedule identifying name, size, number, and location of all
landscape elements.
5. Name,location and size of existing trees, and type and location of
other vegetation proposed to remain for credit purposes.
6. The size and location of the parking lot and the number of spaces,
and how the owner proposes to address the interior landscaping
requirement.
7. Such other information as may be reasonably necessary to
administer and enforce the provisions of this ordinance.
8. Drawn at a scale of 1" = 50' or greater.
(c) Irrigation Required
1. All buildings greater than 3000 sq. ft. shall require an automatic
irrigation system sufficient to provide complete coverage of
required screening landscaped areas.
2. An irrigation system shall be installed and operational prior to
issuance of a Certificate of Occupancy or final building inspection.
3. State law requires installation by licensed irrigators.
4. Irrigation systems shall be maintained in good and operating
condition.
5. For buildings 3000 sq. ft. or less, hose bibs may be used for
irrigation purposes.
(d) Certificate of Occupancy
No Certificate of Occupancy for new construction shall be issued or final
approval of parking lot expansion made unless complying with terms and
conditions required herein.
(e) Definitions:
1. Berm: Landscaped earthen hill of three feet (3') height or greater.
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2. Caliper: The measure of the diameter of a tree at eighteen inches
(18") above grade.
Class A Trees must be two inches(2") caliper or greater.
Class B Trees if multi-trunked, must have a minimum of three(3)
trunks of one inch(1") caliper each.
3. Class A Tree: A tree with a mature height of 30 feet or more. See
recommended list.
4. Class B Tree: A tree with a mature height of less than 30 feet. See
recommended list.
5. Critical Root Zone: A circular region measured outward from the
tree trunk to the drip line representing the area of roots that must
be maintained or protected for the tree's survival.
6. Drip Line: A vertical line extending from the outermost edge of the
tree canopy or shrub branch to the ground.
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7. Easement: The legal grant of right-of-use to an area of designated
private property, utilized by public corporations (states,
municipalities)and also made to companies providing public
services such as gas, electricity, and telephone.
8. Island: A curbed landscaped area in a parking lot that is
surrounded on all sides by parking spaces.
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9. Landscaped: Shall consist of any combination of turf/grass/ground
cover, shrubs, and trees. It must be installed in a sound manner and
in accordance with accepted standards of the nursery industry.
10. Median: A curbed landscaped area in a parking lot that separates
parking aisles.
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11. Open Space Buffer Planting Strip: The area between single-family
residential and any other zoned property. This strip is to include
required trees.
12. Planting Strip: The area between the curb and sidewalk, two curbs,
a curb and fence, or a'sidewalk and fence.
13. Peninsula: A curbed landscaped area that protrudes into parking
aisles and adjoins other non-parking open space.
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14. Public Right-of-Way: The entire strip of land lying between the
property line and a street or thoroughfare, alley, crosswalk, or
easement.
15. Shrub: A woody plant of low or medium height, usually multi-
stemmed. See recommended list for three foot high hedge.
16. Vehicular Use Area: The total area of all the parking spaces and
drives serving the parking area.
(f) Perimeter Landscaping and Screening:
1. When a commercial or industrial use is established on a lot or
premises located adjacent to any residential zoning district, or when
any multiple-family dwelling use is established on a lot or premises
adjacent to any property located in a single-family residential zoning
district, a ten(10)foot width of landscaping open-space buffer strip
shall be installed and maintained by the owner, developer or
operator of the commercial or industrial property between it and
the adjacent residentially zoned property.
2. In an open space buffer planting strip required under the terms of
this section, a minimum of one(1)Class A tree or two (2) Class B
trees shall be planted and maintained for each twenty-five(25)
lineal feet or portion thereof of said open space buffer strip. The
required trees may be planted anywhere within the buffer strip with
a minimum of ten(10)feet apart for Class A trees and a minimum
of five (5) feet apart for Class B trees. Refer to definitions on tree
size.
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3. In addition, an eight-foot high opaque fence or wall shall be erected
and maintained along the property line to provide visual screening.
The fence or wall shall be masonry or a wood diagonal, horizontal
or vertical stockade type privacy fence, although the framing may
be metal.
4. In lieu of the fence, a thirty-foot(30)wide landscape planted buffer
for the purpose of screening, may be provided along the property
line.
5. For a thirty(30)foot wide landscape planted buffer, one(1)Class
A tree or two (2) Class B trees shall be planted and maintained for
each ten(10) lineal feet of buffer. The required trees may be
planted anywhere within the buffer strip with a minimum of twenty
(20)feet apart for Class A trees and a minimum of ten(10)feet
apart for Class B trees. Refer to definitions on tree size.
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6. The provisions of this perimeter landscaping and screening shall not
apply where districts are separated by a public street.
7. When a Specific Use Permit is required,the landscape buffering and
fencing required by this section may be modified or eliminated as a
condition of a Specific Use Permit.
(g) Dumpster and Immobile Trash Containers
Any fixed or otherwise immobile trash container must be set back from the
property line no less then twenty-five(25)feet or be completely screened
from view from any street via landscaping and solid, opaque fencing on a
minimum of three(3) sides.
No such container shall be allowed on city right-of-way.
(h) Landscaping of Off-Street Parking
1. Island, Median and/or Peninsula.Requirements:
a) Any parking lot or portions thereof which is to contain
twenty(20)or more parking spaces shall provide
permanently landscaped areas consisting of islands,
peninsulas, or medians within the parking area. The
required landscaped island, peninsula, or median shall be
provided as follows:
(1) Sites having less than 100 parking spaces: one (1)
landscaped island, peninsula, or median per twenty
(20)parking spaces is required.
(2) Sites having more than 100 parking spaces: one(1)
landscaped island, peninsula, or median per ten(10)
parking spaces is required.
(3) The landscaped island or peninsula located within
the parking spaces shall be no less than nine(9)feet
wide or if a landscaped median shall be no less than
six(6)feet wide.
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(4) Each island or peninsula required herein shall at
minimum contain one(1)Class A tree or two(2)
Class B trees.
(5) Each median required herein shall at minimum
contain one(1)Class A tree or two(2)Class B trees
for each twenty-five(25)linear feet of median.
(6) All such landscaped areas shall be protected from
vehicular access to these areas by curbing or other
protective devices. No automobile or other type of
vehicle shall be driven on any required landscaped
space.
2. Perimeter Requirements:
a) A landscaping edge or buffer shall be required along each
side of a parking lot that faces towards a public
right-of-way.
b) The landscaping edge shall be no less than six(6)feet wide
and may use up to three(3)feet of the public right-of-way,
if unused and available at the time of permitting.
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c) The landscaping edge shall be for the parking lot's entire
length.
d) The landscaping edge shall contain no less than one(1)
Class A tree or two (2)Class B trees for each twenty-five
(25)lineal feet or fraction thereof of the edge.
e) The required trees may be located anywhere within the six
(6)foot landscape edge with a minimum of ten(10)feet
apart for Class A trees and a minimum of five(5)feet apart
for Class B trees. Refer to definitions on tree size.
f) If overhead lines are present along the perimeter landscape
edge, Class B trees will be required.
g) A screen no less than three(3) feet height comprised of a
wall, solid fence,berm, or plant material or combination of
shall be provided along the entire length of the landscaping
edge or buffer, if any part of the landscaping edge is within
ten(10)feet of the right-of-way. The screen does not have
to be straight with the street or parking edge.
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h) The three(3)foot high screen shall not be on the
right-of-way.
i) The three(3)foot high screen shall not be required across
driveways.
j) The three(3)foot high screen shall not be within three (3)
feet of a driveway or restrict a driver's line of sight of
approaching vehicles as determined by the City.
k) The required three(3)foot high screen, when planted, shall
be a minimum of two (2)feet in height. See list of
suggested shrubs.
1) A minimum width of three feet(3')is required for the bed
containing the planted screen.
m) The required three (3)foot high screen, if planted shall be
maintained at no less than three(3)feet high.
3. An increase in the size of an existing parking lot by twenty-five(25)
percent in the number of parking spaces or more shall require the
entire parking lot, in addition to the twenty-five (25)percent
expansion, to be brought into compliance with this section.
(i) Landscaping Bonus Provisions:
1. In order to receive credit for preserved trees, the owner must
include as part of the Landscape Plan submittal, a Tree Preservation
Plan which must be approved by Development Services.
a) The Tree Preservation Plan shall include the name, location,
size and condition of each tree to be preserved, along with
an indication of proposed development features which may
impact such trees, and any other pertinent information as
required to evaluate existing and proposed conditions.
b) The Tree Preservation Plan shall include a detailed
description of all methods to be used to ensure the survival
of all trees scheduled for preservation credit, including
information that may be required to interpret the intent and
methodology proposed.
c) Any tree to be preserved for credit shall be protected from
excavation and all construction by fencing off the area
which constitutes the critical root zone as defined herein.
d) All building material, dirt, debris and equipment shall be
kept outside the fenced area.
e) All tree preservation methodology shall conform to the
standards of the Texas Department of Agriculture and
Forestry,the Texas Forest Service and the International
Society of Arboriculture.
f) If a preserved tree dies within five years, it is the
responsibility of the owner to replace that tree with the
number of Class A trees credited on a matching basis within
six months.
2. Credit may be received for preservation of existing trees as follows:
a) For each existing tree between two (2)to four(4)inches in
caliper, a tree credit of one(1)for one(1)is allowed.
b) For each existing tree between five(5) and twelve(12)
inches in caliper, a tree credit of two(2)for one(1)is
allowed.
c) For each existing tree over twelve(12) inches in caliper, a
tree credit of three(3)for one(1)is allowed.
3. The required minimum front building setback for development in
GC-MD, GC-MD-2 and GC-MD-3 Districts and for multi-family
housing in RM-M and RM-H Districts shall be reduced to fifteen
(15) feet when a landscaped planting strip is provided across the
first ten(10)feet of the property adjacent to the street right-of-way.
a) A turf area is to be located between the paved or curbed
portion or sidewalk of the adjacent street right-of-way and
the front property line.
b) The landscape planting strip shall not be used for parking,
but can be crossed with driveways providing direct ingress
and egress to the development that have been approved by
the Development Services Manager or his designee.
c) This landscape planting strip shall by planted with one(1)
Class A or two (2)Class B trees for each twenty-five(25)
lineal feet or fraction thereof along the property line. The
required trees may be planted anywhere within the
landscape planting strip with a minimum of ten (10)feet
apart for Class A trees and a minimum of five(5)feet apart
for Class B trees.
d) Three(3)feet of Public RO.W. may be used with written
permission from Development Services.
(j) Installation and Maintenance:
1. All landscaping shall be installed m accordance with accepted
standards of the Texas Nurseryman's Manual.
2. All plant material shall be true to name, variety, and size and shall
conform to all applicable provisions of the American Standards for
Nursery Stock, latest edition.
3. The owner and/or tenant shall be responsible for installing and
maintaining all landscaping according to standard horticultural
practices.
4. All landscaping shall be maintained in a healthy, neat, and orderly
condition.
5. No trees may be located within ten(10)feet of a fire hydrant.
6. No trees may be topped if the limbs are three(3)inches in diameter
or greater.
7. Required three(3)foot hedges shall be maintained at a minimum of
three(3) feet in height.
8. Dead, dying or damaged landscaping material shall be immediately
replaced in conformance herein.
9. Irrigation systems must be in good and operating condition.
10. Failure to install required material or maintain landscaping within
60 days of notification shall be subject to legal action pursuant to
Section 1-8 of the Codes of Ordinances of the City of Beaumont.
11. Any request for a modification to the terms of this ordinance must
be submitted in writing and be responded to in writing by the
Development Services Manager.
(k) Letter of Credit:
1. A letter of credit may be utilized when the landscaping
improvements required by Sec. 30-31 have not been completed
prior to the issuance of a certificate of occupancy.
2. The applicant shall post cash or an irrevocable letter of credit
payable to the City of Beaumont in an amount equal to 130% of the
estimated cost. This amount shall include the City's cost of
administering the completion of the improvement in the event the
subdivider defaults as provided herein. The security shall be
deposited with the City or in escrow with a bank at the option of
the City. Such letter of credit shall comply with all statutory
requirements and shall be satisfactory to the City Attorney as to
form, sufficiency, and manner of execution as set forth in these
regulations. The period within which required improvements must
be completed shall be specified by the City Manager or his designee
and shall be incorporated in the letter of credit. In those cases
where a letter of credit has been posted and the required
improvements have not been installed within the terms of the letter
of credit, the government body may thereupon declare the letter of
credit in default and require that all of the improvements be
installed.
TREES FOR BEAUMONT
Class A Tree: Mature Height greater than 30 feet
Branches begin at 6 feet
Must be 2" or greater in Caliper when planted
COMMON NAME. LATIN NAME.
American Beech Fagus grandifloia
Arizona Ash Fraxinus velutina
Bald Cypress Taxodium distichum
Canary Island Date Palm Phoenix canariensis
Cedar Elm Ulmus crassifloia
Cherrybark Oak Quercus falcata var. pagodifolia
Chinese Elms Ulmus parvifolia
Green Ash Fraxinus pennsylvanica
Hackberry Celtis laevigata
Live Oak Quercus virginiana
Sawthooth Oak Quercus
Loblloly Pine Pinus Taeda
Magnolia Magnolia grandiflora
Nuttall Oak Quercus Nuttallii
Pecan Carya illinoinensis
Red Cedar Juniperus virginiana
Red Maple Acer rubrum'Drummondii'
Sabal Palms, Florida Fan Palm Sabal palmetto
Shumard Oak Quercus Shumardii
Slash Pine Pinus Elliottii
Southern Red Oak Quercus falcata
Spruce Pine Pinus glabra
Swamp Chestnut Oak, Cow, Basket Quercus Michauxii
Sycamore Platanus occidentails
Washingtonia Palm Washingtonia robusta
Water Oak Quercus nigra
White Oak Quercus alba
Willow Oak Quercus phellos
Windmill Palm Tracycarpus fortunel
Winged Elm Uhnus alata
TREES FOR BEAUMONT
Class B Tree: Less than 30' Mature Height
8'-10'height when planted
COMMONNAME, LATIN NAME
American Holly Ilex opaca
Cherry Laurel Prunus caroliniana
Chinese Fan Palm Livistona chinensis
Chinese Fringe Tree Chioanthus virginicus
Chinese Pistachio Pistacia chinesis
Crape Myrtle Lagerstroemia indica and hybrid
Flowering Pear Pyrus Calleryana'Bradford','Aristocrat'
Savannah Holly Ilex attenuata'Savannah'
Golden Rain Tree Koelreuteria bipinnata
Japanese Evergreen Oak Quercus glauca
Loquat Eriobotrya japonica
Mexican Plum Prunus mexicana
Parsley Hawthorn Crataegus Marshallii
Pindo Palm Butia capitata
Purple Leaf Plum prunus cerasifera
River Birch Betula nigra
Sweet Bay Magnolia Magnolia virginiana
Texas Redbud Cercis canadensis'Texensis'
Tree Ligustrum Ligustrum lucidum
Tulip Magnolia Magnolia soulangiana
Vitex Vitex Agnus-castus
Wax Ligustrum Tree Ligustrum japconicum
Yaupon Tree Ilex vomitoria
SHRUBS FOR SCREENING REQUIREMENTS
Shrubs: Maintain 3'height or greater
Must be evergreen
COMMON NAME. LATIN NAME
Banana Shrub, Magnolia Fuscata Michelia Figo
Blue Vase Juniper Juniperus chinensis 'Glauca'
Bottlebrush Callistemon rigidus
Burford Holly Ilex comuta'Burfordii'
Camellia Sasanqua, upright Camellia Sasanqua
Camellia Camellia japonica
Chinese Holly Ilex comuta'Rotunda'
Cleyera Ternstoremia gymnanthera
Dwarf Burford Holly Ilex comuta'Burfordii Nana'
Dwarf Japanese Holly Ilex crenata'Compacta'
Dwarf Wax Myrtle Myrica pusilla
Elaeagnus Elaeagnus pungens
English Boxwood Buxus sempervirens
Florida Jasmine Jasminum floridum
Fringe Flower Loropetalum chinense
Gardenia, Cape Jasmine Gardenia jasminoides
Glossy Abelia Abelia grandiflora
Indian Azalea Rhododendron indica
Indian Hawthorn Raphiolepis indica
Japanese Vibuuum Viburnum japonicum
Japanese Yew Podocarpus macrophyllus
Kumquat Fortunella japonica
Nandina Nandina domestica
Oleander Nerium Oleander
Pineapple Guava Feijoa Sellowiana
Pittosporum Pittosporum Tobira
Pyracantha Pyracantha coccinee
Red Tip Photinia Photinia glabra
Sweet Olive Osmanthus fragrans
Texas Sage Leucophyllum frutescens
Variegated Pittosporum Pittosporum Tobira'Variegata'
Variegated Privet Ligustrum sinense variegate
Viburnum suspensum Viburnum suspensum
Wax—leaf Ligustrum Ligustrum japonicum
Wax Myrtle Myrica cerifera
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 3.
All ordinances or parts of ordinances in conflict herewith, including conflicting
portions of the City Budget, are repealed to the extent of the conflict only.
Section 4.
That any person who violates any provision of this ordinance shall, upon
conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City
of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the OVa day
of , 2000.
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