While allowing the reasonable and responsible development and improvement of land within the city it is officially found by the city council that it is beneficial to the public health, safety, morals and welfare to maintain, to the greatest extent legitimately possible, existing trees within the city, and to add to the tree population within the city. These "tree preservation" regulations are intended to achieve the following:

(a)　　　To preserve trees as an important public resource enhancing the quality of life and the general welfare of the city and enhancing its unique character and physical, and aesthetic environment.

(b)　　　To encourage the preservation of trees for the enjoyment of future generations.

(c)　　　To encourage the preservation of trees to provide health benefits by the cleansing and cooling of the air and contributing to psychological wellness.

(d)　　　To encourage the preservation of trees to provide economic benefits by adding value to property, and reduction of energy costs through passive solar design utilizing trees.

(e)　　　To encourage the preservation of trees to provide environmental elements necessary to reduce the amount of pollutants entering streams and to provide elements crucial to establishment of the local ecosystem.

(f)　　　To promote and protect the health, safety, and welfare of the public by creating an aesthetically pleasing urban environment that promotes economic development through an enhanced quality of life.

(Ord. No. 275, app. A, § I, 2-10-2005)

The following terms shall have the meaning as indicated for purpose of this article:

Administrator.　 The city administrator or the city employee the city administrator designates to oversee the administration of this article.　

ARB.　 The architectural review board.　

Caliper.　

(1)　　　Mitigation trees: The diameter of a tree as measured six inches above the root collar; and

(2)　　　Existing, mature and large trees: The diameter of a tree as measured four and one-half feet above the natural grade for trees having a larger diameter.

Existing trees.　 Large or mature trees, as herein defined, or live oak and native cedar elm trees having a nominal caliper of six inches or if branched below four and one-half feet measured at the narrowest trunk segment between the lowest branch and the natural grade, is considered in this article as an "existing tree".　

Large trees.　 Any tree having a nominal caliper of 24 inches or larger, or if branched below four and one-half feet measured at the narrowest trunk segment between the lowest branch and the natural grade, is considered in this article as a "large tree".　

Mature trees.　 Trees having a nominal caliper of 12 inches or, if branched below four and one-half feet, measured at the narrowest trunk segment between the lowest branch and the natural grade. All species of woody plants attaining a mature height over 15 feet and meeting the nominal caliper of 12 inches requirement are "mature trees" for the purposes of this article, except those listed immediately hereafter as not protected. The following genus or species are not protected:　

(1)　　　Juniperus sp., ex. Ash juniper.

(2)　　　Populus sp., ex. Cottonwood.

(3)　　　Platanus sp., ex Sycamore.

(4)　　　Celtis sp., ex. Hackberry.

(5)　　　Morus sp., ex. Mulberry.

(6)　　　Melia azedarach L sp., ex. Chinaberry.

(7)　　　Acemegundo L. sp., ex. Boxelder.

(8)　　　Sapium sebiferum L. sp., ex. Chinese Tallow.

(9)　　　Prosopis glandulosa sp., ex. Mesquite.

(10)　　　Acacia farnesiana sp., ex. Huisache.

(Ord. No. 275, app. A, § II, 2-10-2006; Ord. No. 295, § 2, 1-26-2006)

(a)　　　The regulations contained in this article shall apply to any real property located within the city limits and the extraterritorial jurisdiction of the City of Helotes, unless otherwise noted in subsection (b) immediately below.

(b)　　　This article shall not apply to:

(1)　　　Any existing, large or mature tree determined to be diseased, dying or dead, by the city arborist.

(2)　　　Any existing, large or mature tree determined by the city arborist to be causing a danger or be in hazardous condition as a result of a natural event such as tornado, storm, flood or other act of God that endangers the public health, welfare or safety, and requires immediate removal.

(3)　　　Trees located on property on which construction of single-family, duplex, or triplex resident dwelling units has been completed.

(4)　　　Reserved.

(5)　　　Within the extraterritorial jurisdiction only, the building footprint of a building proposed by plat or building permit application shall be exempt from the requirements of section 94-35 of these regulations.

(Ord. No. 275, app. A, § III, 2-10-2005; Ord. No. 275A, § 2, 7-21-2005; Ord. No. 295, §§ 3, 4, 1-26-2006)

The regulations contained in this article shall regulate all activities that result or may result in the removal of existing, large or mature tree(s) as defined herein. Said activities include any of the following conducted on property to which the article applies:

(1)　　　Industrial, commercial, office, multifamily, single family, and institutional development, including all new construction, remodeling or any additions thereto;

(2)　　　Construction of a new or expansion of, an existing parking lot;

(3)　　　Any grading, filling or clearing of land;

(4)　　　Any clear, selective, or individual cutting or removal of any existing, large or mature tree(s) as defined;

(5)　　　Chemical or biological treatment of tree(s) that may result in the death or destruction of any existing, large or mature tree(s) as defined; and

(6)　　　Trenching or excavation that may damage or destroy existing, large or mature tree(s) as defined.

(Ord. No. 275, app. A, § IV, 2-10-2005; Ord. No. 275A, § 3, 7-21-2005)

(a)　　　Protection of trees.　 Existing, large or mature trees as herein defined shall not be removed from the land without first obtaining a tree removal permit pursuant to the provisions of this article. Site plans should accommodate existing, large or mature trees by providing islands in parking lots, and grading and landscaping around surrounding structures.　

(b)　　　Criteria for permitting removal.　

(1)　　　A minimum of 30 percent of all diameter inches of protected trees must be preserved within the original surveyed area.

Commentary: The original tree survey, that is submitted with the first tree removal permit application for a tract, shall be the reference by which subsequent tree removal permits for the tract, or a portion of the tract, shall be considered. An applicant may not circumvent the minimum 30 percent diameter inches preservation requirement through the filing of multiple tree removal applications.

(2)　　　Existing and mature trees requiring preservation are to be mitigated at a ratio of one inch of mitigation for any one inch of removed tree.

(3)　　　As the particular site conditions warrant, the applicant shall make a reasonable effort to preserve a diversity of species of trees as determined by the arborist.

(4)　　　No large tree may be removed or destroyed within the surveyed area unless it is mitigated at a ratio of three inches of mitigation for every one inch of large tree removed.

(5)　　　The location of all proposed buildings and improvements should be oriented by the applicant, to the extent possible, in a manner, which allows for the saving of the greatest number of trees.

(6)　　　Tree replacement may be accomplished through on site mitigation or payment to the tree replacement fund as follows:

a.　　　Mitigation trees.　 Mitigation trees shall have a minimum of 2.00 inches caliper and an overall height of at least eight feet when planted. When mature, trees shall have an average crown greater than 15 feet in diameter. Trees having an average mature crown less than 15 feet in diameter may be substituted by grouping the same so as to create at maturity the equivalent of a 15-foot-diameter crown if the drip line area is maintained. The location of mitigation trees must be approved by ARB; or　

b.　　　Tree replacement fund.　 In lieu of tree replacement the applicant may be allowed to make payment to the tree mitigation and replacement fund according to the tree preservation fee schedule, which will be $150.00 per caliper inch mitigated.　

(Ord. No. 275, app. A, § V, 2-10-2005)

(a)　　　An application for a tree removal permit will not be considered filed until the following is submitted to administrator.

(1)　　　Tree removal permit application fee in the amount of $120.00; and, additionally any ordinance, code provision, rule or regulation to the contrary notwithstanding, the city administrator may require, as part of the tree removal permit application fee, an amount sufficient to recover all of the city's costs for the services of the city arborist, or other contract professional, that are directly incurred by the city for review of the tree removal permit application.

(2)　　　A tree survey of the subject area/property that includes the following:

a.　　　The location and size in diameter inches of each existing, large or mature tree located within the surveyed area;

b.　　　A summary table indicating the total number, diameter inches, and species of existing, large or mature trees to be removed within the surveyed area, and the total number and caliper inches of mitigation trees to be planted or alternative mitigation trees to be saved and maintained;

c.　　　A written statement by the applicant explaining the purpose for the requested tree removal;

d.　　　Location of all existing and proposed structures, utilities, paved areas, sidewalks, to the extent such information is known; and

e.　　　Existing and/or proposed topographical information, easements, rights-of-way, set backs, and property lines.

(b)　　　All tree preservation plans, surveys, and/or line drawings shall be submitted in the form required by ARB and shall contain and provide tree protection notes, details and specification clearly indicating the trees which will remain and the trees to be removed.

(c)　　　A field inspection of the site by the city arborist, who will make a report to ARB, may be required during the application process and prior to the issuance of a permit; however, once a final complete application has been submitted, and the acceptance of which is acknowledged by the administrator in writing, the application will be deemed approved if not acted upon within 30 working days.

(d)　　　The tree removal permit application, tree preservation plan and other data that may be filed by an applicant shall be reviewed by the ARB. If the ARB, finds that the work described in the application for a permit and the plans and other data conform to the requirements of this article and that the fees have been paid by the applicant, the ARB, shall issue a tree removal permit to the applicant.

(e)　　　If an application is denied because it fails to meet the requirements of this article, the ARB will notify the applicant of such action and provide a written statement of the rationale for the denial.

(f)　　　A permit denial may be appealed to city council. Such appeal must be submitted to the administrator in writing, within 30 days of the date the applicant received notice of the permit denial, and must include a written statement of basis for the appeal along with the payment of $65.00 to cover the cost of processing the appeal. The administrator shall have the appeal placed on the first available city council agenda.

(Ord. No. 275, app. A, § VI, 2-10-2005)

(a)　　　Unless a developer or property owner chooses to provide the warranty required in subsection (b) of this section, a root protection zone must be established around the trunk of each tree preserved or mitigation tree planted pursuant to this article. The root protection zone shall be an area extending outward from the trunk of the tree at a ratio of a diameter of one foot of root protection zone for each caliper inch of the trunk of the subject tree. The maximum size of a root protection zone required by this article shall not exceed 1,000 square feet for any tree or trees located within the same root protection zone. The area contained within a root protection zone required under the subsection must be left in a pervious condition after construction and development is completed. The size of the root protection zone required by this subsection may be reduced if approved by the ARB provided an adequate life support system approved by the ARB is to be installed and maintained for the trees contained in the root protection zone.

(b)　　　In the event a developer or property owner provides a letter of warranty to the city arborist warranting the life of a tree or tree(s) for a period of three years from the date a tree preservation permit was issued pursuant to this article, the property owner or developer may utilize a root protection zone smaller than the size required by subsection (a) of this section and that meets the approval of the city arborist. In the event the tree(s) warranted under this subsection die within the warranty period, the applicant shall be required to replace the dead tree(s) within 90 days from being notified by the city arborist that the tree has died.

(Ord. No. 275, app. A, § VII, 2-10-2005)

(a)　　　Materials, fences, barricades and armoring.　 A protective barrier must be erected at the outer edge of each root protection zone (at the tree drip line where possible) and maintained in good and effective condition until construction is completed. The barrier may consist of four-foot high vinyl construction fencing attached to metal T-posts driven into the ground at eight-foot spacing, or other approved materials sufficient to restrict all access from the root protection zone. Extra care is to be exercised to avoid damage to existing tree roots where the barrier is located within the tree's drip line.　

(b)　　　Restrictions within barrier area.　 During construction, no excess soil, additional fill, equipment, liquids, or construction debris shall be placed inside the protective barrier area; nor shall any soil be removed within the protective barrier area.　

(c)　　　Grade within root protection zone.　 The proposed finished grade within the root protection zone of any tree to be preserved shall not be raised or lowered more than three inches, but welling and retaining methods may be used to protect and/or provide lateral support to the area outside the root protection zone.　

(d)　　　Pruning.　 All broken branches and exposed roots of existing, large or mature trees shall be cut cleanly. In the case of oak species, in order to prevent infection by oak wilt spores, wounds, one-half inch in diameter must be painted with an acceptable wound dressing as cuts are made and no more than 30 minutes thereafter.　

(e)　　　Paving in root protection zone.　 The root protection zone for each preserved tree must remain unpaved.　

(f)　　　Authorized exceptions.　 Exceptions, where authorized, may be granted and variances to the city's development regulations may be recommended by the ARB to allow elimination, reductions in width, or modification to the sidewalk and curb requirements to allow for the saving of tree whenever possible.　

(g)　　　Denial of application.　 If an application is denied because it fails to meet the requirements of this article, the ARB will notify the applicant of such action and provide a written statement of the rationale for the denial.　

(h)　　　Disease prevention.　 Oak wilt, a disease that affects primarily live oak and red oak trees, is a major concern in this area of the state. Damage to live oak and red oak trees, branches, twigs, and saplings, whether caused by incorrect pruning, accidental scarring, or natural damage such as lightning strikes, can cause infection of the plant with this disease. The best way to prevent the spread of this disease is to treat all wounds and/or scars correctly and in a timely manner. All such wounds shall be covered with pruning paint as soon as the wound is caused or immediately upon being discovered. Further information regarding oak wilt prevention is located in article IV of this chapter.　

(Ord. No. 275, app. A, § VIII, 2-10-2006)

(a)　　　Establishment.　 The city administrator is hereby directed to establish a dedicated account to be entitled "Tree Mitigation and Replacement Fund" (hereinafter the "fund").　

(b)　　　Source of funds.　 Civil penalties collected pursuant to these regulations shall be recorded in the fund created pursuant to this section, unless expressly prohibited by law. Likewise, all funds received from the payment of mitigation fees pursuant to these regulations shall be recorded in the fund.　

(c)　　　Use of funds.　 The funds collected from civil penalties and mitigation fees in the fund shall be utilized solely to pay for the planting and maintenance of trees, the funding of tree preservation and planting programs within the City of Helotes and its ETJ, to be administered by the city administrator who shall report semiannually to the city council with respect to the balance of the fund and the expenditures that have been made from the fund. The balance of this fund shall not be transferred to the general fund at the end of each budget year, but rather, the balance remaining in the fund at the close of the city's fiscal year shall roll over and become the beginning balance for the next fiscal year.　

(d)　　　Funds to be kept separate.　 The balance within the fund shall be recorded and accounted for in a manner that distinguishes them from other general funds of the city and shall be disbursed in a manner that is consistent with the purposes for which this fund has been established.　

(Ord. No. 275, app. A, § IX, 2-10-2005)

It shall be a violation of this article for any person to intentionally or knowingly remove or destroy, or allow the removal or destruction of any existing, large or mature tree(s) located on any property to which this article applies, or for any person to knowingly or intentionally perform any regulated activity in a manner that does not conform to the requirements of this article.

(Ord. No. 275, app. A, § X, 2-10-2005)

Variances to the terms of this article may be granted by the city council where a literal enforcement of the provisions of this article will result in unnecessary hardship. A variance request must be submitted to the administrator in writing setting out the basis for the request along with the payment of $65.00 to cover the cost of processing the request. No variance can be granted unless:

(a)　　　Such variance will not be contrary to public interest;

(b)　　　Such variance will be in harmony with the spirit and purposes of this article;

(c)　　　The plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property, and the unique circumstances were not created by the owner of the property and are not merely financial; and

(d)　　　The variance will not substantially weaken the general purposes of this article.

(Ord. No. 275, app. A, § XI, 2-10-2005)

Secs. 94-42--94-70. Reserved.

This article shall be referred to as "Oak Wilt Prevention Section."

(Ord. No. 275, app. C, § 2.A., 2-10-2005)

Oak wilt, Ceratocystis fagacearum, a disease that affects primarily oak trees and secondarily red oak trees, is a major concern in this area of the state. Damage to oak trees, branches, twigs, and saplings, whether caused by incorrect pruning, accidental scarring, or natural damage such as lightning strikes, can cause infection of the plant with this disease. The best way to prevent the spread of this disease is to treat all wounds one-half inch and over in diameter and/or scars correctly and in a timely manner. All such wounds should be covered with pruning paint as soon as the wound is caused or immediately upon being discovered. The following provisions shall apply in order to prevent the spread of oak wilt.

(Ord. No. 275, app. C, § 2.B, 2-10-2005)

The provisions of these oak wilt prevention regulations shall apply to all property within the corporate limits, and to the extent permitted by law to all property within the extraterritorial jurisdiction, of the City of Helotes and to any person, firm, corporation, business entity, city department, public or private utility to the extent permitted by law.

(Ord. No. 275, app. C, § 2.C., 2-10-2005)

(a)　　　Painting of wounds.　 All wounds to the trunk, limbs and root system of oak trees in the city that expose sapwood shall be painted within 30 minutes of the wound with asphaltic or exterior oil or latex based paint. All trimming tools should be cleaned with a disinfectant between infected areas and after each use.　

(b)　　　Firewood.　 Firewood from oak wilt infected trees shall not be brought into the city at anytime.　

(c)　　　Commercial tree trimming.　 Any person or business that for, payment, remuneration, or any other form of compensation, trims, or removes trees shall obtain a permit prior to any to any tree trimming, or removal in the city.　

(1)　　　Such permit shall be issued by the city administrator, or the administrator's designee, upon submittal of a completed application.

(2)　　　The permit shall be valid for the two consecutive weeks. If an extension is required written approval shall be obtained from the city administrator, or the administrator's designee.

(3)　　　Each permittee shall report in writing to the city administrator, or the city administrator's designee the address of each tract of land upon which the permittee intends to perform tree trimming, or removal services prior to providing such services.

(4)　　　Each permittee shall remove the cuttings from trimmings from the city upon completion of the job.

(d)　　　Trimming prohibited during certain months.　

(1)　　　The trimming or cutting of an oak tree of any type is prohibited within the corporate limits of the City of Helotes from the first day of February to the last day of May.

(2)　　　The preceding sentence notwithstanding, permission to trim or cut an oak tree during the prohibited months may be obtain from the city administrator, or the administrator's designee, provided:

a.　　　The applicant applies for a tree trimming permit pursuant to subsection 94-104(c), immediately above and with the application and the payment of fee provides a written explanation why a need exists for trimming or cutting during the prohibited months;

b.　　　The administrator, or the designee, determines that a need exists for trimming or cutting during the prohibited months and gives written permission for such trimming or cutting;

c.　　　The applicant complies with all instructions directions and conditions included in the written permission given for such trimming or cutting.

(e)　　　Public nuisance.　

(1)　　　The following are declared to be public nuisances whenever and wherever they may be found within the municipal corporate limits:

a.　　　Any living or standing tree or part thereof in the red oak group such as red oak, pin oak, scarlet oak and black oak colonized to any degree with the oak wilt fungus;

b.　　　Any living or standing tree in the white oak group such as white oak, bur oak and bicolor oak, or the live oak group colonized to any degree by the oak wilt fungus, that poses a threat of transmission of the oak wilt fungus to other trees of the same species through interconnected root systems;

c.　　　Any parts of colonized oaks that do not have bark removed, including logs, branches, stumps and firewood.

(2)　　　The mayor may, upon notification of the occurrence of a nuisance described in the subsection immediately above, place the matter on an agenda of a public meeting of city council for action pursuant to the provisions of V.T.C.A., Local Government Code § 217.003.

(Ord. No. 275, app. C, § 2.D., 2-10-2005)

Arborist.　 A person designated by the city to approve landscape plans as required herein. This person can be an arborist, urban forester, landscape architect or horticulturist.　

Berm.　 An earthen mound designed to provide visual interest, screen undesirable views and/or decrease noise levels.　

Buffering.　 The use of landscaping (other than grass on flat terrain), either alone or in conjunction 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.　

Caliper.　 Shall have the meaning prescribed in article II of this chapter.　

Development.　 The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure or any use of extension of the use of the land.　

Drip-line.　 The periphery of the area underneath a tree encompassed by perpendicular lines dropped from the farthest edges of the crown of the tree.　

Inert architectural materials.　 Planters, brick, stone, pebbles, aggregates, sand, prairie film, decorative walls, and fences, natural forms (driftwood, fossils, seashells, etc.) water forms and other nonliving landscaping features. Smooth concrete and asphalt are not approved for use in the required landscaped area.　

Landscaping.　 Any live plant material such as trees, shrubs, ground cover, and grass used in spaces void of any impervious material or building structure and areas left in their natural state.　

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 percent of the required landscaped area.　

Large trees.　 Shall have the meaning prescribed in article II of this chapter.　

Loading area, service area, outdoor storage area.　 Area which is used for trash or garbage collection, vehicular loading and unloading, outdoor storage or repair, or for covered storage where the structure has no walls to screen views.　

Mature trees.　 Shall have the meaning prescribed in article II of this chapter.　

Owner.　 The 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 develop the lot/property in question.　

Pervious.　 The ability of a substance to allow the passage of water. Pervious pavers shall be considered as pervious cover.　

Planting materials.　 Living trees, shrubs, vines, ground covers, sod and flowering annuals, biennials, and perennials adapted to the Helotes soils and climate.　

Root collar.　 An encircling structure of swollen tissue or marked color change (from the tree bark) located at the highest part of the root system joining into the trunk of the tree at or slightly below the surrounding soil line.　

Root protection area.　 The area around the base of a tree in which limited construction may take place for the purpose of establishing sidewalks, driveways, utility connections, sodding, and landscaping within single-family, two-family, multifamily, and commercial developments.　

Street.　 The public right-of-way that provides primary vehicular access to adjacent land, whether designated as a street, highway, thoroughfare, parkway, avenue, lane, boulevard, road, place, drive, or similar designation.　

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.　

ILLUSTRATION NO. 1

Wall　 or　 fence.　 An artificially constructed barrier of posts connected by boards, rails, or panels, erected for the purpose of enclosing space to separate parcels of land, or to screen or enclose areas of land. This term also include a masonry (brick, stone, or rock-like material) wall.　

Yard, front.　 The area extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street or place line and the main building or any projections of the usual uncovered steps, uncovered balconies, or uncovered porch. On corner lots the front yard shall face the street on which the lot has the shortest dimension.　

Yard, rear.　 The area extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, unenclosed balconies, or unenclosed porches.　

Yard, side.　 The area between the main building and the side line of the lot, and extending from the required front yard to the required rear yard and being the minimum horizontal distance between a side lot line and the side of the main buildings or any projects thereto.　

(Ord. No. 275, app. B, § III, 2-10-2005)

(a)　　　Installation.　 All landscape materials shall be installed according to American Association of Nurserymen (AAN) standards.　

(b)　　　Planting criteria.　

(1)　　　All trees shall be planted in a pervious area no less than four feet wide in any direction measured from the center of the tree. Trees shall have a minimum of 2.00 inches caliper and an overall height of at least eight feet when planted.

(2)　　　All newly planted trees shrubs, vines, and ground cover shall be selected from the approved list of tree species provided in exhibit 1 of this article.

(3)　　　All shrubs, vines, and ground cover planted pursuant to this section shall be good, healthy nursery stock. Shrubs must be at a minimum of one-gallon container size. At the time of installation all shrubs planted for the purpose of screening shall have a minimum height of two and one-half feet measured from the top of the root ball to the top of the plant.

(4)　　　Grass areas shall be planted in drought resistant species normally grown as permanent lawns, such as Bermuda, Zoysia, or Buffalo. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or other areas subject to erosion.

(5)　　　Plant materials should be grouped according to similar water needs, where feasible.

(6)　　　The use of architectural planters may be permitted in fulfillment of landscape requirements.

(7)　　　Any approved decorative aggregate or pervious brick pavers shall qualify for landscaping credit if contained in planting areas, but no credit shall be given for concrete or other impervious surfaces.

(8)　　　All landscaping shall be separated from vehicular use area by some form of barrier such as raised concrete curbing, bollards, curb stops, or other suitable permanent alternative.

(9)　　　Landscaping shall not obstruct the view between access drives and parking aisles, nor shall any landscaping that creates an obstruction of the view be located in the radius of any curb return.

(10)　　　At an intersection of two streets or at the intersection of a driveway and a street nothing shall be erected, placed, allowed to grow, or planted so that it impedes vision between the height of three feet and ten feet above the curb within a triangle formed by the intersecting streets or street and driveway, and measuring 40 feet along the sides of the triangle that face the intersection. Triangle sides shall be measured from the face of the curb to the face of the curb at intersections and driveways.

ILLUSTRATION NO. 2

__________

(11)　　　Fire hydrants shall be free from obstruction on all sides by a minimum of three feet. Landscaping shall not be placed over any existing or proposed utility easements.

(12)　　　Trees shall not be planted in a location that interferes with, or cause any present/future obstructions to, overhead utilities.

(13)　　　No artificial plant material may be used in any form to satisfy the requirements of this section.

(14)　　　All landscaping must be completed before final occupancy is granted. If it is not possible, then the applicant must submit a signed letter stating that all landscaping shall be completed with three months of issuance of final occupancy, with the understanding that the City of Helotes can issue citations if the applicant does not comply.

(c)　　　Buffer zones.　 Buffer zones shall be required as may be prescribed by chapter 152 of the City of Helotes Code of Ordinances.　

(d)　　　Minimum requirements.　

(1)　　　Screening requirements.　 Screening is mandated when commercial zoned property abuts residential or public zoned property. A wall or fence up to ten feet but not less than eight feet may be used as screening. For this article, when a fence has two distinct sides, the side with protruding studs, posts, etc. shall face the building of the lot responsible for the placement of the fence. If a berm is proposed it must follow all safety guidelines.　

(2)　　　Tree requirements.　 All commercial and residential developments shall provide trees as required by the Table of Summary of Requirements found below. Trees shall have a minimum of 2.00 inches caliper and an overall height of at least eight feet when planted.　

(3)　　　Shrubs and ground cover.　

a.　　　All commercial and residential developments shall provide shrubs and ground cover as required by the Table of Summary of Requirements found below.

b.　　　Areas of the site that are not occupied by buildings, parking, or accessory structures must have ground cover. Ground cover includes low growing, living plant materials such as perennials, grass, ivy, and similar plants. For the purposes of this article, chipped wood, bark, similar mulching materials or nonliving artificial plant materials are not acceptable substitutes for required ground cover.

__________

SUMMARY OF MINIMUM REQUIREMENTS

TABLE INSET:

__________

(e)　　　Parking lots.　

(1)　　　Application.　 When parking lots are located between public streets and buildings, or when parking is the primary use of a parcel. A buffer zone and/or screening shall be required between the street and parking lot.　

(2)　　　Planting requirements.　

a.　　　To reduce the thermal impact of unshaded parking lots, trees shall be planted throughout parking lots so that no portion of the lot is more than 50 feet away from the trunk of a tree unless otherwise approved by the architectural review board.

b.　　　Interior planting shall provide shading and visual break to the parking lot surface. Plant material shall consist of a minimum of one tree every ten parking spaces. The shade trees shall be a minimum of 2.00 inches caliper and eight feet tall at the time of planting.

c.　　　Additional planting under trees is not required, although recommended. However, non-vegetative cover including, but not limited to, gravel or bark is required if under planting is not provided.

d.　　　Border plantings adjacent to buildings and front, side, and rear lot lines and landscaping shall not be considered interior planting.

e.　　　Interior planting shall have a minimum dimension of four feet.

f.　　　Interior planting shall be uniformly distributed throughout the parking lot, unless the architectural review board approves exceptions.

g.　　　Adequate aeration inserts shall be provided where paving will extend over expanding root systems (inside maximum anticipated drip line).

(3)　　　Required screening.　 Screening is required along the front, side, and rear property lines for parking lots with more than 10 parking spaces or four thousand square feet, whichever less is, and where parking is located within 16 feet of the property line.　

a.　　　The planted areas along the front lot lines shall be a minimum of eight feet wide, of which two feet may be in the right-of-way if it does not interfere with the sidewalk or placement of utilities. Minimum planting shall consist of a compact hedge of five-gallon size plants having a minimum mature height of three feet and planted in a density of one plant for every 20 square feet. An alternative to this screening is a continuous three-foot high wall set back from the sidewalk. This area between the sidewalk and the wall shall be planted with shrubs, grasses, or other continuous vegetative groundcover.

b.　　　The landscaped area along the side and rear lot lines may consist of one or more of the following:

1.　　　A three-foot wide minimum planting strip with a compact hedge of five-gallon size plants having a minimum mature height of six feet and planted at a density of one plant for every 16 square feet or every five linear feet.

2.　　　A minimum three-foot tall solid wall lined with trees spaced a minimum of 20 feet apart. Trees shall be a minimum of 2.00 inches caliper and eight feet in height at time of planting. Trees shall be planted in planting areas of at least four feet.

3.　　　A six-foot tall solid fence or fence constructed of opaque materials combined with a minimum three-foot wide planting strip planted with trees, shrubs, ground covers or trailing vines.

4.　　　Vehicles may not overhang the minimum required planted area.

5.　　　Planting shall not be installed in such a manner as to interfere with traffic view or impose a safety hazard.

(f)　　　Supplemental standards.　

(1)　　　Clear vision at intersections.　 All landscaped areas must comply with clear vision standards for intersections as established by the zoning ordinance. These sections regulate the allowed height and placement of fences, walls, signs, and landscaping materials, in addition to other objects (see Illustration 2).　

(2)　　　Prohibited types of fencing.　 Chain link or wire fencing is prohibited where a sight-obscuring fence is required in a buffer yard.　

(3)　　　Screening of solid waste storage facilities.　 All solid waste storage facilities shall be enclosed on three sides by a sight obscuring fence or wall and by a sight-obscuring gate on the remaining side. This requirement shall exclude up to two recycling centers for general public access that may be set up in the parking lot of commercially zoned properties.　

(4)　　　Screening of merchandise storage.　 Any permitted outside storage of merchandise shall be enclosed by sight obscuring fence or wall. Exceptions to this requirement are temporary promotional displays, vehicles sales lots and plant materials that are located appurtenant to an approved building.　

(5)　　　Screening of loading and service areas and outside storage areas.　 Screening around all loading and service areas and all outdoor storage areas that will be visible from a public right-of-way, shall be required in all other districts other than the rural or residential district. The screening may be located anywhere on the property, subject to other pertinent provisions of this section.　

(Ord. No. 275, app. B, § IV, 2-10-2005)

(a)　　　Alternate landscaping plans, plant material, or planting methods may be used where unreasonable or impractical situations would result from application of landscaping requirements, or where necessary to protect existing vegetation. New landscaping requirements may be reduced if existing trees or other types of existing vegetation are preserved. Alternative plans, materials, or methods may be justified from natural conditions, such as streams, natural rock formations, topography, and physical conditions related to the site. The lot configuration and utility easements may justify an alternative-landscaping plan.

(b)　　　The architectural review board will consider the alternative landscape plan to determine whether the plan meets the intent of the land use as well as the adjacent land uses.

(Ord. No. 275, app. B, § V, 2-10-2005)

An irrigation system shall be required for all new commercial landscaping projects. Landscaped areas shall be irrigated with a system that is suitable for the type of plantings installed. Where an irrigation system is required, the irrigation system shall comply with the requirements of 30 TAC Chapter 344, §§ 344.72--344.77. An in-ground irrigation system consisting of water lines, water emitters and a controller is required to have a separate meter service if the San Antonio Water System is the water purveyor. In addition to the above irrigation requirements the following is required:

(a)　　　Design requirements.　

(1)　　　Pressure.　

a.　　　System to be designed to the lowest static pressure available an annual 12-month period.

b.　　　If static pressure exceeds design pressure by 15 PSI or more in any zone a flow control device shall be installed.

c.　　　Pressure at any point within a zone shall not vary by more than ten percent from the design sprinkler operating pressure.

d.　　　A double-check valve shall be installed down line from meter water source in an enclosed top opening box.

(2)　　　Zoning.　 Provide separate zoning for:　

a.　　　Turf.

b.　　　Plants with dissimilar watering requirements.

c.　　　Areas with greater or lesser sun exposure.

d.　　　Slopes from flat/level areas (topographic information is required for zoning for slope and flat/level area design).

(3)　　　Sprinkler head spacing.　

a.　　　Head spacing shall not exceed 50 percent of diameter.

b.　　　Spacing shall make allowance for local wind conditions.

c.　　　Trim perimeters with correct arc and radii selection to eliminate water thrown onto nonlandscape areas;

d.　　　Show radius/diameter and arc of coverage of a representative number of each type of sprinkler head.

(4)　　　Landscape water schedule.　 Produce a water schedule for the landscape at a maximum of 80 percent ET (evapotranspiration) as determined by the local ET.　

(b)　　　Equipment.　

(1)　　　Controller requirements.　

a.　　　On/off rain sensor or other rain shut-off device that does not alter program.

b.　　　Multiple programming capability.

c.　　　Controllers capable of a minimum of three cycles per program.

(2)　　　Valves.　 Flow control devices on all remote control valves (including a master valve).　

(3)　　　Sprinklers.　

a.　　　Use of low-angle heads is encouraged.

b.　　　Pop-up sprinklers and shrub risers will be at a height to clear turf, trees, shrubs, other planting and objects such as fences, allowing no obstruction of spray pattern.

c.　　　Pop-up type shrub risers should be used in areas where pedestrian/auto traffic may occur. Drip irrigation should be used in areas between the curb and sidewalk and parking lot areas where over spray onto pavement may occur in accordance with manufactures recommendations.

d.　　　Low head drainage is to be eliminated or minimized through design or by use of check valves.

e.　　　Sprinkler heads shall be attached to rigid lateral lines with flexible material, swing joints to reduce potential for breakage.

(4)　　　Isolation valves.　 Any device on a pressurized line (such as a quick-coupler valve) should be preceded by some type of isolation valve separate from the primary shut-off valve.　

(Ord. No. 275, app. B, § VI, 2-10-2005)

(a)　　　Payment of fee; required information.　 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:　

(1)　　　Payment of the fee for landscape review by the architectural review board which shall be $120.00. In addition, any ordinance, code provision, rule or regulation to the contrary notwithstanding the city administrator may require, as part of plan review fee an amount sufficient to recover all of the city's costs in retaining consultants (arborist, building inspector, and engineer) to review the landscaping plan; and

(2)　　　A site plan containing the information listed below:

a.　　　The date, scale, north point, title and name of owner;

b.　　　The location of existing boundary lines and dimensions of the tract; and

c.　　　The approximate center line of existing water courses; the approximate locations 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.

(b)　　　Permit.　 No building permit shall be issued until the city's designated arborist has reviewed the plan and has made a recommendation to the architectural review board and the architectural review board has approved the plan.　

(c)　　　Inspection.　 Prior to the issuance of a certificate of occupancy for the project, a landscape inspection by the City of Helotes Arborist shall inspect each site and certify on the appropriate form that the site meets the requirements of this section and conforms to the approved site plan and/or landscape plan.　

(Ord. No. 275, app. B, § VII, 2-10-2005)

(a)　　　Replacement.　 All landscaping and mature trees shall be maintained for the life of the project. Should a tree die or be removed for which credit was obtained pursuant to the terms of this chapter, landscape development sufficient to equal the area credited shall be required. Dead or damaged landscaping shall be replaced with new live, similar plants within one month after notification by the city or during the next planting season if not possible at the time of notification. If plants are not replaced within the time limit, the owner shall be in violation of this article. See exhibit 2, Maintenance specifications.　

(b)　　　Protection of existing trees.　 Mature large trees as herein defined, live oak, and native elm trees, having a nominal caliper of six inches or more shall not be removed from the land without approval of the architectural review board. Site plans shall accommodate existing trees by providing islands in parking lots, and grading and landscaping around surrounding structures.　

(Ord. No. 275, app. B, § VIII, 2-10-2005)

Editor's note:　 Exhibit 2, as cited above, has not been set out in the Code, but is on file in the office of the city secretary.　

It shall be a violation of this article for any person to intentionally or knowingly perform any regulated activity in a manner that does not conform to the requirements of this article.

(Ord. No. 275, app. B, § IX, 2-10-2005)

Variances to the terms of this article may be granted by the city council where a literal enforcement of the provisions of this article will result in unnecessary hardship. A variance request must be submitted to the administrator in writing setting out the basis for the request along with the payment of $65.00 to cover the cost of processing the request. No variance can be granted unless:

(a)　　　Such variance will not be contrary to public interest;

(b)　　　Such variance will be in harmony with the spirit and purposes of this article;

(c)　　　The plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property, and the unique circumstances were not created by the owner of the property and are not merely financial; and

(d)　　　The variance will not substantially weaken the general purposes of this article.

(Ord. No. 275, app. B, § X, 2-10-2005)

Secs. 94-81--94-100. Reserved.

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INTRODUCTION

Proper and thoughtful selection of plant material for use in Helotes is very important. Plant material must be chosen wisely ensuring usefulness, hardiness, functionality, ease of maintenance, variety, and value for resources spent. Plant material can be selected to provide year-round color and aesthetic appeal. Plant material can be used to direct pedestrian flow as well as accenting and framing facilities, displays, and monuments. Plant material can direct wind flow, cool hot walls and roofs, and lessen utility costs.

Plant material should provide variety to eliminate the mundane. Variety also ensures greater aesthetic appeal, color, structure, shapes, and textures. Variety also protects against catastrophic species loss due to disease or pestilence.

Regionally indigenous plants are obviously acclimated and conditioned to the climate and soil conditions encountered in and around Helotes. These species tend to be drought-tolerant and hardy to the weather extremes associated with the surrounding area. Use of indigenous plants is desirable and utilized when the design circumstances dictate their usage.

XERISCAPE OPPORTUNITIES

There is an excellent opportunity to "redirect" Helotes' landscape theme and strengthen the emphasis on xeriscape landscape policies and plant material. Selecting plant material adaptable to the soil, exposure, and climatic conditions of the Helotes area is important to sustaining a healthy and hardy landscape environment. Combining the increased introduction of xeriscape practices and plant material with low to moderately low water consumption will result in increased water conservation and lower energy bills.

The derivation of the word xeriscape is from the Greek "xeros" meaning dry, combined with landscaping, thus xeriscaping. Xeriscaping emphasizes water and energy conservation in the landscape realm. It does not mean strictly "rock and cactus". This is a gross misrepresentation of the term. Highly-attractive, aesthetically pleasing, colorful and variety-filled landscaping can be easily attained by following seven basic fundamentals.

Analyze and Improve Existing Soil

Soils vary from site to site even within a given area in Helotes. When planting, introduce organic material such as peat moss or organic soil amendment to the hole. Soil improvement allows better absorption of water and increased water holding capacity. Organic material also provides beneficial nutrients to the soil and to the plant material.

Keep Turf Areas Practical

Locate turf only where it provides beneficial benefits such as gathering or play areas, recreational and park areas, or residential units. Replace large open turf areas with hydro seeded native grass and wild flower seed mixes.

Select Low-Water Use Plant Material

Many plants have a spot in xeriscaping. It is important to select and plant the correct tree or shrub in the right place and not have to worry about trimming it or replacing it in a few years. There are numerous trees, shrubs, vines, groundcovers, and ornamental grasses readily available through regional nurseries. A complete list is included in this report.

Irrigate Efficiently

Well-planned irrigation systems save water. For efficiency, irrigate turf areas separately from other plantings. Group plantings according to similar water requirements. Turf areas are best watered with sprinklers, either rotors or "pop-up" sprayers. Trees, shrubs, vines, groundcovers, and annuals are best watered with low volume sprayers, bubblers, or drip irrigation. It is important to monitor any irrigation system to ensure proper settings and function, again resulting is water savings.

Use Mulches

Mulched planting beds and lawn trees are an ideal substitute for turf areas. Mulch applied at an adequate depth (usually 2--4 inches) greatly reduces water need and weed growth and provides a finished look to any planting area. Organic mulches such as bark chips, shredded wood barks, or pine needles improve the soil through slow decomposition. Place mulch directly on the soil or permeable landscape cloth. Never use poly (plastic) underneath mulch as it is costly, breaks down with ultraviolet light, is susceptible to cracking due to cold and freezing temperatures, and becomes visible as soil and mulch shifts. Plastic also makes it virtually impossible to apply fertilizer and herbicide to the planting area.

Practice Maintenance

Proper maintenance preserves the beauty of any landscaping, conserves water, and allows the area to remain at its full potential. Xeriscaping reduces maintenance costs through reduced fertilizer and insecticide needs, much less mowing and trimming costs, and fewer replacement plantings.

NATIVE PLANT MATERIAL

There are several natural advantages in using native and indigenous plant material species in a landscape development plan. Native plants are attractive, drought tolerant, require lower maintenance attention, highly tolerant of diseases, resistant to most damaging insects, and provide an excellent source of food, cover, and nesting habitat for wildlife.

ADAPTED PLANT MATERIAL

There are numerous non-native plant species available and currently in use in Helotes. These plants are proven performers and have adapted well to the existing conditions. These species add different textures, color, shape, and aesthetic beauty to the installation landscape.

RECOMMENDED HELOTES AREA PLANT MATERIAL

Note: Plants highlighted are highly recommended and are proven performers for the Helotes area.

Additional note: Plants preceded by XX are excellent examples of xeriscape materials.

Plants preceded by PP are Perennial plant material, coming back annually from dieback.

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ORNAMENTAL AND ACCENT TREES

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SMALL SHRUBS AND PERENNIALS (1--3' HIGH)

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MEDIUM SHRUBS (3--9' HIGH)

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GROUNDCOVERS (GC)

Note: Groundcovers and vines may often be used in similar planting situations. Ensure planting areas and conditions are all taken into effect prior to selecting either a groundcover or vine. Once planted, groundcovers and vines tend to overpower an area and are difficult to remove. Select wisely!

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ANNUALS

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VINES

Note: Groundcovers and vines may often be used in similar planting situations. Ensure planting areas and conditions are all taken into effect prior to selecting either a groundcover or vine. Once planted, groundcovers and vines tend to overpower an area and are difficult to remove. Select wisely!

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