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*Editor's note:　 Ord. No. 86-887, §§ 1--9, adopted Dec. 16, 1986, being not specifically amendatory of this Code, has been included as Art. XVI, §§ 4-331--4-340 at the discretion of the editor. The "Selected Plant List" and a set of diagrams illustrating street yards, which were attached to the ordinance, have not been set out herein but are available for inspection in the appropriate city offices.　

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The purposes of these provisions area as follows:

(1)　　　To aid in stabilizing the environment's ecological balance of contributing to the processes of air purification, oxygen regeneration, groundwater recharge and storm-water runoff retardation, while at the same time aiding in noise, glare and heat abatement; and

(2)　　　To ensure that the local stock of native trees and vegetation is replenished; and

(3)　　　To assist in providing adequate light and air while preventing overcrowding of land; and

(4)　　　To provide visual buffering and enhance the beautification of the city; and

(5)　　　To safeguard and enhance property values to protect public and private investment; and

(6)　　　To preserve and protect the unique identify and environment of Cedar Hill's economic base, attracted to the city by such factors; and

(7)　　　To conserve energy; and

(8)　　　To protect the public health, safety and general welfare.

(Ord. No. 86-887, § 1, 12-16-88)

[The following words shall have the meanings respectively ascribed to them:]

Application.　 Unless otherwise provided, these regulations shall apply only to that property to be developed for nonsingle-family residential use.　

Buffering.　 The use of landscaping (other than mere grass on flat terrain) or the use of landscaping along with beams, 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.　

Corner lot.　 A corner lot is situated at the junction of two (2) or more streets, or of two (2) segments of a curved street, forming an angle of not more than one hundred thirty-five (135) degrees.　

Drip line.　 Periphery of the area underneath a tree which would be encompassed by perpendicular lines dropped from the farthest edges of the crown of the tree.　

Landscaped area.　 That area within the boundaries of a given lot 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 predominate over the use of organic plant materials.　

Lot.　 Land consisting of one (1) or more legal lots or a part of a legal lot being developed on a single development or on a part of a phased development.　

Owner.　 That person who has legal title to the property, or a lessee, agent, employee or other person acting on behalf of the titleholder with authorization to do so.　

Protected tree.　 A tree(s) designated by the owner or the city which may have historical designation, act as a local landmark, or provide soil stability in existing streams or creek beds, or have a trunk circumference of sixty (60) inches or more, measured four and one-half (4 1/2) feet above natural grade.　

Removal.　 Removal, as applied to protected trees, means uprooting, severing the main trunk of the tree, or an act which causes, or may reasonably be expected to cause, the tree to die including, but not limited to, damage inflicted upon the root system by machinery, storage of materials, or soil compaction; substantially changing the natural grade above the root system or around the trunk; excessive pruning; or paving with concrete, asphalt, or other impervious materials in a manner which may reasonably be expected to kill the tree.　

Street yard.　 The area of a lot which lies between the street right-of-way line 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 it intersects the side property lines. In determining the actual definition, 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.　

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(s)-of-way and an imaginary line beginning at one (1) side of the property line, running parallel to the street, connecting to the front most corner of the building wall fronting the street and nearest such side property line, then following and connecting the front most 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., fast food restaurants in a shopping center, photo processing drop-offs, bank drive-through, 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.

Note:　 See the editor's note to this article.　

Tree.　 A tree shall be defined as follows and will qualify as such if either of the following are met:　

(1)　　　A woody plant having a present height greater than ten (10) feet and a trunk diameter greater than two (2) inches;

(2)　　　A plant listed as a tree in any of the following:

(a)　　　A tree listed in the selected plant list provided by the city;

(b)　　　A tree listed in "The Trees of North Texas" by Robert Vines.

Note:　 See the editor's note to this article.　

(Ord. No. 86-887, § 2, 12-16-88)

No owner shall remove or cause the removal of any protected tree without first securing approval from the city, except as provided below:

(1)　　　When any protected tree sustains damage in the form of a broken trunk, broken limbs or uprooting, which creates a hazard to life or property, no application shall be required for the removal of the damaged part or parts of the tree, provided that the removal is effected before the beginning of the fifth business day following the occurrence of the damage, and provided further, that the building inspection department may extend this period in the case of widespread and extensive storm damage;

(2)　　　When site plan/plat approval by the city council is required for any development, the actual or schematic locations of such existing trees as would be protected shall be shown on all site plans/plats and such site plans/plats depicting any such trees shall be submitted to the city council.

(Ord. No. 86-887, § 3, 12-16-88)

(a)　　　When site plant or plat review by the city is required for any nonresidential development, the site plan or plat shall contain the information listed below:

(1)　　　The date, scale, north point, title and name of owner;

(2)　　　The location of existing boundary lines and dimensions of the tract;

(3)　　　The approximate centerline of existing watercourses; the appropriate location of significant drainage features; the location and size of the existing and proposed streets and alleys; the existing and proposed utility easements on or adjacent to the lot, and existing and proposed sidewalks adjacent to the street;

(4)　　　The location, size and type (tree, shrub, groundcover or grass) of proposed landscaping in proposed landscaped areas; and the location and size of proposed landscaped areas;

(5)　　　The location and species of existing trees in the street yard and parking lots, having trunks ten (10) inches or larger in diameter, and the approximate size of their crowns.

(6)　　　Information necessary for verifying whether the required tree requirements have been met under section 4-336(c)(1) and (2), as applicable;

(7)　　　An indication of how the applicant plans to protect the existing trees, which are proposed to be retained, from damage during construction;

(8)　　　The proposed irrigation system, as provided by section 4-336(i);

(9)　　　The certification by a landscape architect, registered in the State of Texas, that the plans satisfy the requirements of these landscaping regulations. The certification is not required when the street yard area is ten thousand (10,000) square feet or less;

(10)　　　The approximate crown size, species and common name, and location of each tree designated as a protected tree;

(11)　　　The reason for the proposed removal of any tree designated as a protected tree.

(b)　　　Landscaping plans approved by the city as part of a site plan/plat shall not require further approval by the building official, if the site plan/plat approved contained all information listed in subsections (a)(1) through (11) above.

(c)　　　An inspection fee, in an amount to be set by the city council from time to time by ordinance, shall be collected by the building official or his designee at the time of application for a final plat.

(d)　　　The building official shall not issue an occupancy permit prior to the approval of the landscape plan and completion of all planting and other landscape improvements designated on each plan; however, when adverse seasonal planting conditions exist, the building official may issue a temporary permit not to exceed nine (9) months.

(e)　　　If at the time of final acceptance by the city, the required landscaping is not yet in place, the owner shall make fiscal arrangements satisfactory to the city in the amount of two dollars ($2.00) per square foot of required landscaping not yet in place to ensure that such required landscaping shall be installed. Any owner wishing to make such fiscal arrangements must also grant license to the city to enter upon the land for the purposes 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.

(Ord. No. 86-887, § 4, 12-16-88)

(a)　　　Except as otherwise provided below, these landscaping regulations shall apply to all nonsingle-family residentially zoned land located in the city. Such landscaping requirements shall become applicable as to each individual nonsingle-family residential lot at such time as an application for a building permit on such lot is made. These requirements remain with any subsequent owner.

(b)　　　A common development which includes more than one (1) lot shall be treated as one (1) lot for the purposes of satisfying these landscaping regulations. 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 these requirements.

(c)　　　These requirements shall not apply to the following:

(1)　　　Building permits for restoration, within a period of twelve (12) months, of a building which has been damaged by fire, explosion, flood, tornado, riot or act of a public enemy;

(2)　　　Building permits for restoration of buildings with a recognized city historic designation;

(3)　　　Building permits for remodeling, as long as the front and side exterior walls of the building remain in the same location;

(4)　　　Where a preliminary plat or site plan is filed with the city secretary prior to January 1, 1987.

(Ord. No. 86-887, § 5, 12-16-88)

I. Landscaping standards for local retail, commercial, apartment and special use districts.　

(a)　　　On all lots platted from previously unplanted land, zoned or rezoned or granted a conditional use permit, at least twenty (20) percent of the area of the street yard shall be landscaped area. All of the required landscape area shall be located in the street yard.

(b)　　　All of the required tree plantings, either proposed or existing, shall be located in the street yard area.

(c)　　　At least one (1) tree of at least three (3) inches in caliper (either existing or planted) shall be included and replaced as necessary as per the following ratios:

(1)　　　In street yards less than ten thousand (10,000) square feet, one (1) tree per one thousand (1,000) square feet or fraction thereof or street yard;

(2)　　　In street yards between ten thousand (10,000) and one hundred ten thousand (110,000) square feet, one (1) tree per two thousand five hundred (2,500) square feet or fraction thereof of over ten thousand (10,000) square feet is added to the requirement of ten (10) trees.

(3)　　　In street yards over one ten thousand (10,000) square feet, one (1) tree per five thousand (5,000) square feet or fraction thereof street yard area over one hundred ten thousand (110,000) square feet is added to the requirement of fifty (50) trees.

Tree specifications and definitions shall be referenced to the "American Standard for Nursery Stock".

An existing or planted tree which is at least eight (8) inches in diameter, or at least six (6) inches in diameter and at least fifteen (15) feet tall, shall be planted in a permeable area no less than four (4) feet wide.

(d)　　　Preservation of existing trees. Tree credits shall be awarded, based on the following criteria:

(1)　　　The existing trees shall be in a healthy, vigorous, growing condition;

(2)　　　The area below the drip line shall remain undisturbed, either by cutting or filling, in the development process;

(3)　　　The developer/owner shall not put an impervious material under the drip line. Permeable pavements will be considered as impervious materials.

(e)　　　Credits toward landscaping requirements.　 Each square foot of landscaped area which is permeable and within the area encompassed by the drip line of a tree shall count as one and one-half (1.5) square feet of landscaped area for the purposes of satisfying the requirements of subsection (a) above, as applicable. Thus, each square foot of landscaped area which is permeable and contiguous to the landscaped area within the drip line shall count as one and one-half (1.5) square feet of landscaped area for the purposes of satisfying the requirements of subsection (a), as applicable. In foregoing one hundred fifty (150) percent credit shall be subject to the following limitations. Neither overlapping drip line areas, nor areas contiguous to the drip line areas which overlap, shall be counted twice. Moreover, a tree drip line area shall not qualify for credit under this subsection if (1) less than one-half (1.5) of the drip line area is permeable cover; (2) there have been any damaging changes in the original grade of the drip line under the tree, or (3) the total of such area receiving such credit around the tree exceeds the total square footage of landscaped area within the drip line.　

(f)　　　Replacement of preservation trees. Should any tree designated for preservation in the landscaped plan die at any time after approval of the landscape plan or issuance of a certificate of occupancy, the owner shall replace the tree with the equivalent species or a tree which will obtain the same height, spread and growth characteristics. The replacement tree shall be three (3) inches in caliper and installed as directed by this article. Failure to make the replacements within ninety (90) days after notification by the city shall result in a fine as outlined in this article.

(g)　　　The existing natural landscape character (especially native junipers), oaks, elms and pecan trees) shall be preserved to the extent reasonable and feasible. In an area of the street yard containing a stand of trees, the owner shall use best good faith efforts to preserve such trees. In determining whether there is compliance with this subsection, the building official shall consider topographical constraints on design, drainage, access and egress, utilities, and other factors reasonably related to the health, safety and welfare of the public which necessitated disturbance of the existing natural landscape character, economic usefulness of the property without disturbance of its natural character, the nature and quality of the landscaping installed to replace it, and such other factors as may be relevant and proper.

Indiscriminate clearing or stripping of the natural vegetation on a lot is expressly prohibited.

Vehicular use areas, parking areas, parking lots and their parked vehicles shall have effective buffering from the street view.

(h)　　　A minimum amount of the total area of all vehicular use areas and parking areas of a lot shall be devoted to landscaped islands, peninsulas, or medians. The minimum total area in such islands, peninsulas and medians in the street yard shall be ninety (90) square feet for each twelve (12) parking spaces. The minimum total area in such islands, peninsulas and medians in the remainder of the lot (i.e., the no street yard) shall be sixty (60) square feet for each twelve (12) parking spaces therein.

The number, size and shape of islands, peninsulas and medians in both street yards and nonstreet yards shall be at the discretion of the owner; however, no parking space shall be located further than fifty (50) feet from a permeable 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, respectfully; however, the distribution and location of landscaped islands, peninsulas and medians may be adjusted to accommodate existing trees or other natural features, so long as the total area requirements for landscaped islands, peninsulas and medians for the respective parking areas above are satisfied.

(i)　　　All required landscaping shall be irrigated by one (1) of the following methods:

(1)　　　An underground sprinkling system;

(2)　　　A hose attachment within one hundred (100) feet of all landscaping; provided, however, a hose attachment within two hundred (200) feet of all landscaping in nonstreet yards shall be sufficient.

(j)　　　All landscaping which is in required landscaped areas and which is adjacent to pavement shall be protected with concrete curbs or equivalent barriers when necessary to protect trees.

(k)　　　Landscaping in landscaped areas shall not obstruct the view between the street and the 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.

(l)　　　Landowners are encouraged to landscape the areas within the nonpaved street right-of-way abutting their land. Provided, however:

(1)　　　The city may at any time require such landscaping to be removed, and the city shall not be responsible or liable in the event any landscaping in the right-of-way must be removed or is requested to be moved by the city;

(2)　　　Such landscaping in the right-of-way shall observe the provisions of the city pertaining to traffic and pedestrian safety;

(3)　　　Any underground sprinkler systems, planters or other permanent structures placed in the right-of-way shall require a license agreement with the city. When any other governmental jurisdiction is trustee of the public right-of-way at the particular location in question, arrangements must be made with such other jurisdiction.

II.Landscaping standards for industry and industrial park districts.　

(a)　　　A landscaping plan shall be submitted as part of the building permit submittals.

(b)　　　Not less than five (5) percent of the gross land area shall be provided as permanent landscaped area.

(c)　　　All of the required landscape area shall be located in the street yard.

(d)　　　All of the required tree plantings either proposed or existing shall be located in the street yard area.

(e)　　　At least one (1) tree of at least three (3) inches in caliper shall be included and replaced as necessary as per the following rations:

(1)　　　If five (5) percent of gross land area is of less than ten thousand (10,000) square feet, one (1) tree per one thousand (1,000) square feet or fraction thereof of gross land area.

(2)　　　If five (5) percent of gross land area is between ten thousand (10,000) and one hundred ten thousand (110,000) square feet, one (1) tree per two thousand five hundred (2,500) square feet or fraction thereof of over ten thousand (10,000) square feet is added to the requirement of ten (10) trees.

An existing or planted tree which is at least eight (8) inches in diameter, or at least six (6) inches in diameter and at least fifteen (15) feet tall, shall be considered as two (2) trees for purposes of satisfying this subsection. All newly planted trees shall be planted in a permeable area no less than four (4) feet wide.

(f)　　　All required landscaping shall be irrigated by one (1) of the following methods:

(1)　　　An underground sprinkling system.

(2)　　　A hose attachment within one hundred (100) feet of all landscaping.

(g)　　　A minimum amount of the total area of all vehicular use areas and parking areas of a lot shall be devoted to landscaped islands, peninsulas, or medians. The minimum total area in such islands, peninsulas and medians shall be ninety (90) square feet for each twelve parking spaces.

The number, size and shape of the islands, peninsulas and medians shall be at the discretion of the owner; however no parking space shall be located further than fifty (50) feet from a permeable 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, however the distribution and location of the landscaped islands, peninsulas, and medians may be adjusted to accommodate existing trees or other natural features, so long as the area requirement for landscaped island, peninsula or median for the parking areas are satisfied.

(h)　　　All landscaping which is [in] required landscaped areas and which is adjacent to pavement shall be protected with concrete curbs or equivalent barrier when necessary to protect trees.

(Ord. No. 86-887, § 7, 12-16-88; Ord. No. 97-320, § 1, 5-13-97)

Notwithstanding all of the foregoing provisions, a landscape plan which is alternative to strict compliance with the various landscape requirements above may be approved by the city council, if recommended by the building official and if the city council finds that such plan is as good or better than a plan in strict compliance with the various landscaping requirements herein contained in accomplishing the purposes of this article.

(Ord. No. 86-887, § 7, 12-16-88)

If a protected tree removal application is denied, the applicant therefore may appeal such action to the city council by filing written notice of such appeal with the parks and recreation department within ten (10) days of notice to such applicant of the denial of the application. The city council shall have thirty (30) days from the date of appeals to review such denial. The city council may affirm or reverse the determination of the parks and recreation department. If the city council fails to act within thirty (30) days, the appeal shall be automatically granted, and the approval shall be granted per the original application.

(Ord. No. 86-887, § 8, 12-16-88)

In any case where engineering, design standards or departmental rules establish conditions that cannot be met in a specific situation without removal of a protected tree, the policy, standard or rule shall be reviewed by the city to determine what specific adverse effect would result from waiver or modification of such, to the extent necessary to save the tree. If it is determined that there is no serious and imminent adverse effect, the standard, policy or rule may be modified or waived prior to the expiration of ten (10) working days from the date of the application for approval for tree removal.

(Ord. No. 86-887, § 9, 12-16-88)

Any person, firm or corporation violating any of the provisions of this article of the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the city shall be subject to a fine not to exceed the sum of two hundred dollars ($200.00) for each offense.

(Ord. No. 86-887, § 11, 12-16-88)

Secs. 4-341--4-350. Reserved.

(a)　　　In addition to any other provision of this article that requires the obtaining of a permit prior to engaging in a given activity, it shall be unlawful for any person in a park to conduct, operate, present, manage or take part in any of the following activities, unless a permit is obtained from the director prior to the start of such activity:

(1)　　　Any organized sport activity which has not been previously subject to an allocation of sports facilities to an organized league or association pursuant to article III of this chapter.

(2)　　　Any exhibit, music event, play, motion picture.

(3)　　　Any assembly or parade.

(4)　　　Any use of amplified sound equipment.

(5)　　　Any sale of food, drinks or goods.

(6)　　　Any park use between 11:30 p.m. and 5:00 a.m. except the following public through street: Somerset Drive.

(7)　　　Cutting or removal of any trees.

(b)　　　Permits required by this section shall be posted in the area where the activity is conducted or produced and exhibited upon demand of any law enforcement officer of the city or any authorized park employee of the city.

(Ord. No. 89-1018, § I(10), 3-28-89)