ARTICLE II. TREES


Sec. 114-31. Purpose and intent of article.

The purpose of this article is to encourage the preservation of mature trees and natural areas, to preserve protected trees during construction, and to provide for the removal of protected trees when necessary. It is the intention of the city to:

(1)   Prohibit the indiscriminate clearing of property;

(2)   Protect and increase the value of residential and commercial properties within the city;

(3)   Maintain and enhance a positive image for the attraction of new businesses and residents to the city;

(4)   Protect healthy mature trees and promote the natural ecological, environmental and aesthetic qualities of the city.

(Code 1975, § 5-141)


Sec. 114-32. Definitions.

(a)   General rules.  For the purpose of this article, the following rules shall be applied in constructing, interpreting or otherwise defining the terms and provisions hereof: 

(1)   Terms used in the present tense shall include the future, terms used in the singular number shall include the plural number and terms used in the plural shall include the singular.

(2)   The term "shall" is mandatory and the term "may" is permissive.

(b)   Enumeration.  The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning. Words and terms used in this article, but not defined in this article shall have the meaning ascribed thereto in the zoning chapter of this Code (chapter 118), article III of this chapter, landscaping, or other ordinances of the city. Words and terms defined in two ordinances shall be read in harmony unless there exists an irreconcilable conflict in which case the definition contained in this article shall control. 

Build able area  means that portion of a building site exclusive of the required yard areas on which a structure or building improvements may be erected and including the actual structure, driveway, parking lot, pool and other construction as shown on a site plan. The build able area shall extend five feet from such area to allow for the normal operation of construction equipment. 

Building pad  means the actual foundation area of a building and a reasonable area around the foundation necessary for construction and grade transitions. 

Clear-cutting  means the removal of all trees or a significant majority of the trees within an area of land. 

Cut/fill  means the deposition of rock, concrete, soil or sod such that the cumulative thickness of all materials is equivalent to six inches or greater. 

Development review committee (DRC)  means city staff members who represent their department in reviewing development projects. The departments include planning, permits and inspections, public works, economic development, parks and recreation, police and fire or others as designated by the city manager. 

Drip line  means a vertical line run through the outermost portion of the canopy of a tree and extending to the ground. See section 114-40. 

Grading  means the movement of dirt, topsoil, grass, native material, bushes, trees, landscaping or other forms of surface material which will result in a long term difference of six inches or greater from the initial elevation. 

Grading plan  means a topographical map of the subdivision with sufficient perimeter area to provide a clear definition of the initial elevations, watercourses and drainage patterns. In addition, the plan includes one-foot contours, spot elevations, and flow arrows. The plan is sufficient in detail and scale to determine limits and depths of excavation or fill, The plan must be signed and sealed by a registered professional engineer licensed by the state. 

Limits of construction  means delineation on the graphic exhibit, which shows the boundary of the area within which all construction activity will occur. 

Person  means any corporation, partnership, association or other artificial entity; or any individual; or any agent or employee of the foregoing. 

Protected tree  means any self-supporting woody perennial plant which has a caliper of four inches or more when measure at a point of 4.5 feet above ground level and which normally attains an overall height of at least 15 feet at maturity, usually with one main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oaks. 

Protective fencing  means snow fencing, chain link fence, barbed wire fence, orange vinyl construction fencing or other similar fencing with a four-foot approximate height. 

Selective thinning  means selective clearing of undesirable trees to allow unrestricted growth of young vigorous trees, especially hardwoods. Fifty to 60 percent shade is more desirable and conducive to all activities. Dense shade is the least desirable. On densely wooded properties selective thinning may be used to accomplish a required tree survey on the property. 

Tree removal authorization  means permission granted by the building official, the development review committee or city council to remove protected trees in accordance with this article. 

Yard area  means the front, side and rear yard areas as defined under the comprehensive zoning chapter (chapter 118 of this Code) and the zoning district requirements applicable thereto. 

(Code 1975, § 5-142)

Cross references:  Definitions generally, § 1-2. 


Sec. 114-33. Applicability of article provisions.

(a)   Generally.  The terms and provisions of this article shall apply to real property as follows except as noted in section 114-34(b), tree removal. All developments which have not submitted a preliminary plat/construction plans, site plan or building permit, whichever is applicable as of the effective date of this article shall be subject to the requirements for tree protection and replacement specified herein. 

(1)   All vacant and undeveloped property.

(2)   All property to be redeveloped, including additions and alterations.

(3)   All easements and rights-of-way, except those included in a preliminary plat approved by the planning and zoning commission shall meet the terms and provisions of this article.

(4)   The yard areas of all developed property, excluding developed single-family residential property.

(b)   Protected trees. 

(1)   A "protected tree" is any tree that has a trunk caliper of four inches or more, as measured 4.5 feet above natural grade level.

(2)   Protected trees shall not include the following species:

Bois d’Arcy - (Maclura pomifera  female only) 

Cottonwood - (Populus deltoides  ) 

Chinaberry - (Melia azeoarach  ) 

Hackberry - (Celtis occidentalis laevigata  ) 

Honeylocust - (Gleditsia triacanthos  ) 

Mesquite - (Prosopis glandulosa  ) 

Mulberry - (Morus alba  ) 

Tree of Heaven - (Ailanthus altissima  ) 

Black Willow - (Salix nigra  ) 

(Code 1975, § 5-143)


Sec. 114-34. Tree removal.

(a)   Authorization required. 

(1)   Required on private and public property; exception.  A tree removal authorization shall be required when protected trees are requested to be removed except as allowed by subsection (b) of this section, removal procedures. No person, directly or indirectly, shall cut down, destroy, move or remove, or effectively destroy through damaging, any protected tree situated on private or public property regulated by this article without first obtaining a tree removal authorization unless the conditions of subsection (b) of this section apply. 

(2)   Clear-cutting.  The clear-cutting of land as defined in this article is prohibited except as allowed by subsection (b) of this section, removal procedures. 

(3)   Selective thinning.  The removal of selected trees from within a densely forested area when done in a professionally accepted manner shall be allowed as a single permit upon approval by the building official or his designee. Approval will only be granted when the building official or his designee determines that the selective thinning is being done in a manner that would enhance the environment and likelihood of survival for the remaining trees. Approved selective thinning may take place either before, during or after construction. 

(b)   Removal procedures. 

(1)   Allowable tree removal prior to issuance of a building permit.  No protected trees shall be removed prior to issuance of a building permit unless one of the following conditions exists. The burden of proof as a qualified exception is upon the person removing the tree. 

a.   Any protected tree located in a new single-family residential subdivision with two lots or less.

b.   Any protected tree located within street rights-of-way, utility or drainage easements as shown on a preliminary plat approved by the planning and zoning commission. If certain trees outside the above areas or trees based partially outside the easement or right-of-way are requested to be removed to allow the operation of equipment, the applicant shall submit a recorded plat, and a site plan which indicates the exact operation area needed. The building official or his designee may approve selected removal under this condition.

c.   The protected tree is dying, dead, diseased, injured, in danger of falling, interferes with utility service, creates unsafe vision clearance, or conflicts with other ordinances or regulations and immediate removal is required.

d.   Any protected tree that has disrupted a public utility service due to a tornado, storm, flood or other act of nature. Removal shall be limited to the portion of the tree reasonably necessary to reestablish and maintain reliable utility service.

e.   Landscape nursery. All licensed plant or tree nurseries shall be exempt from the tree protection and replacement requirements and from the tree removal provision only in relation to those trees planted and growing on the premises of said licensee which are so planted and growing for the sale or intended sale to the general public in the ordinary course of said licensee's business. This may also apply to a nursery established and so designated by a developer of a large project within the city, where trees are intended for landscaping future phases of such larger project.

f.   Any protected tree that is required to be removed in order to properly grade and drain the property as required on a final grading plan that is approved by the public works department. If this option is utilized on any lot in a single family residential district, a total of three trees per lot shall be required. These replacement trees will meet the minimum requirements subsection 114-35(a) and shall be planted prior to the final building inspection. At least one of these trees shall be planted in the required front yard setback. Other types of development shall meet the current approved landscape regulations.

g.   The owner of property zoned agricultural and is being actively used for agricultural purposes shall be exempt from this article.

h.   Utilities operating under a franchise agreement with the city are exempt from this article and are not required to make application for removal of protected trees provided that any trees removed under this exemption pose a direct hindrance to the utility's ability to exercise its rights under the franchise to utilize city property rights-of-way, and dedicated easements to provide safe, reliable service to its customers and that said trees are located in the aforementioned areas governed by the franchise agreement and removal of tress is directly linked to extending service to new customers.

(2)   Allowable tree removal after issuance of a building permit.  Upon issuance of a building permit, the developer shall be allowed to remove trees located in the approved build able area of the property except as noted in subsection (b)(1) of this section. Trees located in required yard areas, buffers and open space area shall be maintained. 

(c)   Authorization review and approval process. 

(1)   Authority for review.  The building official or his designee shall be responsible for the review and approval of all requests for tree removal authorizations submitted in accordance with the requirements specified herein. Upon receipt of a completed application, the building official may take one of the following actions: 

a.   Deferral of decision.  The building official may defer the approval of a tree removal authorization to the development review committee (DRC) for any reason. Any decision made by the development review committee may be appealed to city council. All decisions made by city council shall be final. 

b.   Approval.  The building official shall issue a tree removal authorization if it is determined that: 

1.   The tree constitutes a hazard to life or property which cannot be reasonably mitigated without removing the tree.

2.   The tree is dying, dead, or diseased to the point that restoration is not practical.

3.   All reasonable efforts have been made to avoid removing the tree for the development and removal cannot be avoided.

c.   Refusal.  The building official shall deny a tree removal authorization application if it is determined that: 

1.   Removal of the tree is not reasonably required in order to conduct anticipated activities; or

2.   A reasonable accommodation can be made to preserve the tree.

d.   Appeal of decision.  Any decision made by the building official may be appealed to the development review committee. Any decision made by the development review committee may be appealed to city council. All decisions made by city council shall be final. 

e.   Authorization expiration.  Tree removal authorization issued in connection with an approved building permit or site plan shall be valid for the period of that building permit's or site plan's validity. A tree removal authorization not issued in connection with an approved building permit or a site plan shall become void 180 days after the date of the approval. 

(2)   Tree removal authorization application. 

a.   Authorization.  A request for tree removal authorization must be submitted and approved prior to the removal of any protected tree in the city unless the tree is exempt under a provision of this article. 

b.   Application.  The application shall be made by the property owner in conjunction with a registered landscape architect, certified nurseryman, arborist, registered engineer or registered professional land surveyor. A graphic exhibit shall be attached showing at least the following items: 

1.   Appropriate title (i.e. tree removal authorization exhibit);

2.   Title block includes street address, lot and block, subdivision name, city and date of preparation;

3.   North arrow, graphic and written scale in close proximity;

4.   Scale at a size no larger than one inch equals 200 feet (i.e. one inch equals 100 feet OK);

5.   Name, address and phone of owners and persons preparing the exhibit;

6.   Location of all right-of-way lines and public easements;

7.   Location of all buildings, structures, pools, parking, and other improvements which are existing or intended on the lot;

8.   Areas of proposed cut/fill as required per city requirements with amount of each shown (graphically different than subsection (c)(2)b.9 of this section), and the drainage flow line, if applicable;

9.   Areas of proposed cut/fill not required per city requirements with amount of each shown (graphically different than subsection (c)(2)b.8 of this section, and the drainage flow line, if applicable;

10.   Existing and proposed spot elevation, grades and major contours, along with existing landscaping, streams, ponds and major natural features;

11.   Limits of construction line shown, if applicable;

12.   Location of all protected trees and thicket boundaries that are not exempted by subsection (b)(1) of this section within 50 feet of any construction area that are to remain, with a description of the size and types of trees, such trees shall be designated by a circle;

13.   The location of all protected trees that are not exempted by subsection (b)(1) of this section which are to be removed, such trees shall be designated by a triangle;

14.   Note on the graphic exhibit the caliper size (as measured 4.5 feet from the ground), the Latin and common name of tree to be removed; and

15.   Location of any required replacement trees shown with caliper size and common name of tree found from the list of approved trees as noted in section 114-41.

These requirements may be modified by the building official as needed to administer this article. An aerial photograph may be allowed if it includes all of the above items on a transparency at the same scale as the photo.

(Code 1975, §§ 5-144--5-146)


Sec. 114-35. Tree replacement.

(a)   Generally.  If a tree removal authorization is granted, the applicant shall replace the protected trees being removed with trees listed in section 114-41 shall be a minimum of three caliper inches measured 12 inches from the ground and a minimum of seven feet in height when planted. A sufficient number of trees shall be planted so that the total caliper of the replacement trees is equal to the caliper of the tree removed as measured 4.5 feet high on the trunk. The replacement trees shall be noted either on the required landscape plan for all non-single-family developments or on the plot plan submitted with the building permit application for single-family developments. 

(b)   Replacement procedures.  Replacement trees shall be located on the subject site whenever possible. However, if this is not feasible, the building official or his designee has the authority to allow the planting to take place on another property. Such replacement shall occur at the time of landscaping of newly developed property or in the event of removal or death of a tree after the property has been developed except for developed single-family residential development. Single-family residential lots that have been finaled are exempt from replacing required replacement trees. 

(c)   Reforestation fund.  If approved by the building official, the development review committee (DRC) or city council, the applicant, in lieu of compliance with this article, may make a payment into the reforestation fund, which shall be a special account administered by the city parks and recreation department. The funds shall be used only for purchasing, planting and maintaining trees on public property, or for acquiring and preserving wooded property. The amount of payment required shall be calculated based on an average of three current market prices for the cost of acquiring, planting and maintaining a tree equal in caliper to the trees to be removed for a period of one year. Two prices will be provided by the applicant and the city will provide one price. 

(Code 1975, § 5-147)


Sec. 114-36. Tree protection.

(a)   Prior to construction.  The following procedures shall be followed on all types of construction projects (i.e. residential subdivisions, commercial, multi family, industrial developments, residential builders and municipal/public). It is the responsibility of the developer and his subcontractors to take the appropriate action to preserve all protected trees during all phases of construction. 

(1)   Tree flagging.  All protected trees that are to remain on the subject property within 50 feet of any area where vehicles, materials, and/or equipment are moved, placed, transported, or stored, shall be flagged with bright fluorescent orange vinyl tape wrapped around the main trunk at a height of four feet or more, such that the tape is very visible to workers operating construction equipment. 

(2)   Open space flagging.  All trees or groups of trees within areas intended to be saved as open space shall be enclosed with fluorescent orange tape along all areas of possible access or intrusion by construction equipment. Tape shall be supported at a minimum of 25-foot intervals by wrapping trees or utilizing another approved method. Single incident access for the purposes of clearing underbrush is allowed. 

(3)   Protective fencing.  In those situations where a protected tree is so close to the construction area that construction equipment will infringe on the root system, a system of protective fencing may be required between the tree and the construction activity. 

(4)   Bark protection.  In situations where a protected tree remains in the immediate area of intended construction, the tree shall be protected by enclosing the entire circumference of the tree with two-inch × four-inch lumber encircle with wire or other means that do not damage the tree. This will protect the bark of the tree against incidental contact by large construction equipment. 

(b)   Prohibited activities adjacent to trees.  The following activities shall be prohibited within the limits of the drip line of any protected tree subject to the requirements of the article. 

(1)   Material storage.  No materials intended for use in construction, or waste materials accumulated due to excavation or demolition, shall be placed under the canopy of any protected tree. 

(2)   Equipment cleaning/liquid disposal.  No equipment shall be cleaned, or other materials or liquids deposited or allowed to flow over land, within the limits of the canopy of a protected tree. This includes, without limitation, paint, oil, solvents, asphalt, concrete, mortar or similar materials. 

(3)   Tree attachments.  No signs, wires, or other attachments other than those of a protective nature shall be attached to any protected tree. 

(4)   Vehicular traffic.  No vehicular and/or construction equipment traffic or parking shall take place within the limits of the canopy of any protected tree other than on an existing paved street or parking lot. This restriction does not apply to single incident access within the drip line for purposes of clearing underbrush, establishing the building pad and associated lot grading, vehicular traffic necessary for routine utility maintenance or emergency restoration of utility service or routine mowing operations. 

(5)   Grade changes.  No grade changes in excess of two inches (cut or fill) shall be allowed within the limits of the drip line of any protected tree unless adequate construction methods are utilized which have been approved by the building official. 

(6)   Impervious paving.  No paving with asphalt, concrete or other impervious materials in a manner which may reasonable by expected to kill a tree shall be placed within the limits of the drip line of a protected tree except as otherwise allowed in this article. 

(c)   Preserved tree criteria.  A protected tree shall be considered preserved only if a minimum of 75 percent of the area under the drip line is maintained at undisturbed natural grade and no more than 25 percent of the canopy is removed due to building encroachment. 

(Code 1975, § 5-148)


Sec. 114-37. Tree pruning restrictions.

(a)   Generally.  Normal pruning required to promote tree health and vitality is permitted. No protected tree shall be pruned in a manner, which would reasonably lead to the death of the tree. 

(b)   Required pruning.  The owners of any tree adjacent to a public right of way shall be required to maintain a minimum clearance of 14 feet above the traveled surface or curb of a public street or open space trail. The city shall also have the right to prune trees overhanging the public right-of-way as necessary to preserve the public safety. 

(c)   Allowed pruning.  The building official may approve pruning of a protected tree in cases where protected trees must be strategically pruned to allow construction or demolition of a structure. When allowed, all pruning shall be in accordance with subsection 114-34(a)(1), approved arbori- 


cultural techniques and the recommendation of section 114-42. This section is not intended to require a tree removal authorization for reasonable pruning performed or contracted to be performed by the owner of the tree when unrelated to construction activity. 

(d)   Tree topping.  It shall be unlawful as a normal practice for any person, firm, or city department to top any tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this article at the determination of the building official. 

(Code 1975, § 5-149)


Sec. 114-38. Tree planting restriction.

(a)   Overhead lines.  Replacement trees shall not be planted in a location where the natural canopy of the tree will interfere with overhead utility lines. 

(b)   Underground utilities.  Any required replacement trees or street trees shall not be planted within an area such that the mature root zone of the tree will interfere with underground public utilities lines, including water lines, sewer lines, transmission lines or other utilities. No trees shall be planted within ten feet of a fire hydrant and surface utilities such as pad-mounted transformers and gas meters. 

(c)   Visibility triangle.  No trees shall be planted in the visibility triangle as defined in the zoning chapter of this Code (chapter 118), article 118-714. 

(Code 1975, § 5-150)


Sec. 114-39. Enforcement of article provisions.

(a)   Developer's agreement.  All developer's agreements shall state that all construction activities shall meet the requirements of this article. 

(b)   Construction permits.  Prior to issuance of a permit to do any site work, a tree survey of the development shall be submitted to the building official. 

(c)   Building permit.  No building permit shall be issued unless the applicant signs a statement that binds the applicant to ensuring that all construction activities shall meet the requirements of this article. The building official shall make a copy of the this article and other relevant city policies available to the applicant. 

(d)   Acceptance of improvements.  No acceptance of public improvements shall be authorized until all fines for violations of this article have been paid to the city or otherwise disposed of through the municipal court. 

(e)   Certificate of occupancy.  No certificate of occupancy shall be issued until all fines for violations of this article have been paid to the city or otherwise disposed of through the municipal court. 

(f)   Enforcement.  Any person, firm, corporation, agent, or employee thereof who violates any provision of this article shall be guilty of a misdemeanor, and upon final conviction thereof shall be fined an amount not to exceed $500.00 for each incident. The unlawful injury, destruction, or removal of each protected tree shall be considered a separate incident. In addition, all violations shall be required to meet the requirements of section 114-35, tree replacement. 

(Code 1975, § 5-151)


Sec. 114-40. Tree exhibit.

GRAPHIC LINK:Click here

Critical root zone (CRZ).  The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the drip line. 

Drip line.  A vertical line run through the outermost portion of the canopy of a tree and extending to the ground. 

(Code 1975, § 5-151(Exhibit "A"))


Sec. 114-41. Approved tree replacement list.

The following is the approved tree replacement list:

TABLE INSET:

Common Name    Scientific Name   
Large Tree - Deciduous   
*Big Tooth Maple    Acer grandidentatum   
*Chinese Pistache    Pistachia chinensis   
*Ornamental Pear ('Aristocrat, Bradford')    Pyrus calleryana   
Osage Orange (native) (fruitless, thornless cultivars only)    Malcura pomifera   
*Panicled Goldenrain Tree    Koelreuteria paniculata   
*Texas Red Oak (native)    Quercus buckleyi   
Western Soapberry (native)    Sapindus drummondii   
Lacebark Elm    Ulmus parvifolia   
*Bald Cypress    Taxodium distichum var. distichum   
Bur Oak (native)    Quercus macrocarpa   
Chinquapin Oak (native)    Quercus muehlenbergii   
Pecan (native)    Carya illinoinensis   
*Shumard Oak (native)    Quercus shumardii   
*Caddo Maple    Acer barbatum var. caddo   
*Cedar Elm    Ulmus crassifolia   
Evergreen   
Afghan Pine    Pinus eldarica   
Japanese Black Pine    Pinus thunbergiana   
Deodar Cedar    Cedrus deodara   
*Southern Live Oak    Quercus virginiana   
Southern Magnolia    Magnolia grandiflora   

An asterisk (*) denotes those plant materials which are particularly outstanding for this area.

(Code 1975, § 5-151(Exhibit "B"))


Sec. 114-42. Tree pruning recommendations.

The following are the tree pruning recommendations:

GRAPHIC LINK:Click here

When removing a branch always cut outside the branch bark ridge and collar. Do not make a flush cut.

GRAPHIC LINK:Click here

Branches that do not have a distinct collar should be cut at a right angle to the branch outside the branch bark ridge.

GRAPHIC LINK: Click here

Trees may have codominant stems as shown above. If a codominant stem must be removed, cut at an angle outside of the bark ridge as shown in the inset below. Avoid leaving any stub.

GRAPHIC LINK:Click here

When removing heavy limbs first make an undercut several inches outside of the collar. Then remove limb by a second cut an or inch or so outside of the first cut. Remove stub with a third cut just outside of the collar.

(Code 1975, § 5-151(Exhibit "C"))

Secs. 114-43--114-70. Reserved.


ARTICLE IV. TROPHY TREE PROGRAM


Sec. 114-111. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Trophy tree  means any outdoor tree or group of trees living in the ground within the city limits, which is determined to be the best representative of its given species (largest, in good health, and best form) within the city limits. 

(Ord. No. 1877, § 3(A), 4-26-1993)

Cross references:  Definitions generally, § 1-2. 


Sec. 114-112. Statement of policy.

It is the policy of the city that locally significant trees be identified, recognized, designated and that the owners of the trees be encouraged to conserve said trees for the common benefit and enjoyment of all of the citizens and enrichment of the city.

(Ord. No. 1877, § 3(B), 4-26-1993)


Sec. 114-113. Administration.

The trophy tree program shall be administered by the director of community services under the direction of the city Keep North Richland Hills Beautiful Commission.

(Ord. No. 1877, § 3(C), 4-26-1993)


Sec. 114-114. Eligibility.

(a)   Any individual tree or group of native or introduced, outdoor trees which has been growing in its present location within the city limits is eligible for nomination as a trophy tree under this program, especially those individual species of trees previously recognized by the state forest service through it Big Tree Program.

(b)   Although anyone may nominate a tree to be considered as a trophy tree, only the actual owner may grant permission for the tree to be so designated by the city.

(c)   The tree must have existed in its present location a minimum of five years.

(Ord. No. 1877, § 3(D), 4-26-1993)


Sec. 114-115. Requirement for inventory.

An official written log of all successfully designated trophy trees, as well as those nominated, shall be maintained by the director of community services or by his designee. Co-existent with the trophy tree log shall be the preparation of a map designating the locations of all designated trophy trees. The log and accompanying map shall be updated on an annual basis. Each tree shall be inspected annually to verify its health and vigor. Every ten years all trophy trees shall be measured to document their growth. Copies of the trophy tree log and map shall be forwarded to the city director of planning and development and also be made available for public display and review.

(Ord. No. 1877, § 3(E), 4-26-1993)


Sec. 114-116. Nomination process.

(a)   Nominations for trophy tree designations may be submitted by any citizen of the city. Nominations must be made by completing and signing the trophy tree program nomination form. These forms shall be maintained and made available for pick up by the public at the community services department's administrative offices. The nomination must be received by the city Keep North Richland Hills Beautiful Commission. Upon receipt of the nomination the Keep North Richland Hills Beautiful Commission shall send a representative (either city staff or volunteer) to the site to verify the size, condition, species and character of the nominated tree. If said tree is found to be the most representative (largest, in good health, and best form) of its given species within the city limits it shall be designated as a trophy tree. Once the tree has been qualified as a trophy tree, the landowner shall be notified in writing by the Keep North Richland Hills Beautiful Commission. If the landowner chooses to participate in the trophy tree program and receive the rights, privileges, and recognition of the program, he shall grant permission by signing a written acknowledgment and submit it to the Keep North Richland Hills Beautiful Commission.

(b)   All eligible nominees who have given written permission for inclusion in the trophy tree program shall be presented by the Keep North Richland Hills Beautiful Commission to the city council for final approval.

(Ord. No. 1877, § 3(F), 4-26-1993)


Sec. 114-117. Designation and recognition.

Each trophy tree shall be designated as such by:

(1)   Issuance of a trophy tree certificate jointly by the city council and the Keep North Richland Hills Beautiful Commission to the property owner;

(2)   Placement of a cast medallion set in concrete near the base of the tree; and

(3)   A proclamation by the city council that this tree is a valued environmental asset to the city and shall be cultivated, protected and designated as the best example of a tree of its species within the city.

(Ord. No. 1877, § 3(G), 4-26-1993)


Sec. 114-118. Protection and maintenance.

(a)   Each year for as long as the tree is recognized as a trophy tree and is maintained in good health as a superior example of its species, the city will grant to the owner, as an encouragement and an aid to maintaining the tree a discount in city fees or taxes of $50.00 per trophy tree per year.

(b)   In the event that the tree should die of natural causes the discount will be discontinued and forgiven.

(c)   In the event that the tree should die by deliberate or malicious manmade causes, which the owner could have prevented, as determined in a public meeting between the owner and the Keep North Richland Hills Beautiful Commission, the discounted fees which had been granted in all previous years shall immediately be due. The city will file a lien on the owner's property for the repayment of total, plus penalty interest of all abated fees until they have been paid.

(Ord. No. 1877, § 3(H), 4-26-1993)


Sec. 114-119. Annual review.

(a)   Each year, once per year, the Keep North Richland Hills Beautiful Commission shall meet to review the trophy tree program. At that time, the commission shall review new nominees, the status of current trophy trees, declassification of trophy trees, and other issues relating to the program. Any recommended changes in the classification or designation and/or applicable fee or tax abatement shall then be approved by the city council and shall take effect in the next fiscal year.

(b)   All determinations of trophy tree classification shall be decided by the discretionary judgment of the Keep North Richland Hills Beautiful Commission.

(Ord. No. 1877, § 3(I), 4-26-1993)


Sec. 114-120. Declassification; severability of provisions.

(a)   A living trophy tree may be declassified by majority vote of the Keep North Richland Hills Beautiful Commission only upon request by the landowner at the annual review meeting. The recommendation to declassify shall then be approved by majority vote of the city council.

(b)   If any provision, section, sentence or clause or phrase, of this article, or the application of the same to any person or set of circumstances, is for any reason held to be unconstitutional, void, invalid, or, for any reason, unenforceable, the validity of the remaining portions of this ordinance or its application or other person or sets of circumstances shall not be affected thereby, it being the intent of the city council in adopting this article that no portion hereof nor provision or regulation contained herein become inoperative of fail by reason of any unconstitutionality or invalidity or any other portion or regulation.

(Ord. No. 1877, § 3(J), 4-26-1993)


ARTICLE III. LANDSCAPING AND BUFFERING REGULATIONS


Sec. 114-71. Landscaping regulations.

(a)   Purpose.  These landscaping regulations provide standards and criteria for new landscaping with live plant material, and are intended to promote the value of property, enhance the general welfare, improve the physical appearance of the city, and enhance the community's ecological, environmental and aesthetic qualities. 

(1)   It is the intent of this section to establish requirements for the installation and maintenance of landscaping and buffering elements and other means of site improvement on existing and newly developed property in order to enhance the community's ecological, environmental and aesthetic qualities.

(2)   It is the intent of this section to reduce the negative effects of increases in air temperatures, glare, noise, erosion, and sedimentation caused by expanses of impervious and unvegitated surfaces within the urban environment.

(3)   It is the intent of this section to preserve and improve the natural urban environment by recognizing that the use of landscaping elements can contribute to the processes of air purification; oxygen regeneration; ground water recharge; storm water runoff retardation; and the abatement of noise, glare and heat.

(4)   It is the intent of this section to safeguard and enhance property values and protect public and private investment.

(b)   Applicability.  The provisions of the landscaping regulations contained in this section shall apply in the following situations: 

(1)   When an existing building is proposed for remodeling, alteration, addition, or expansion, in which the value of the proposed construction exceeds 75 percent of the current appraised value of the existing structures, excluding the value of the land;

(2)   When an existing building is proposed for an addition that will increase the square footage of the existing building by 30 percent or greater;

(3)   Upon all new construction; or

(4)   As a requirement of the approval of a special use permit or planned unit development.

(c)   General criteria. 

(1)   The standards contained in this section are considered minimum standards and shall apply to all zoning districts. Agricultural uses and single-family residences and their accessory buildings shall be exempt from the requirements of this section except as provided in subsection (c)(2) of this section.

(2)   All single-family and two-family residential properties shall provide a minimum of three three-inch caliper trees of a species found on the approved plant list in section 114-77. At least one such tree must be located in front of the required front building line.

(3)   All landscaping shall be installed prior to the issuance of a certificate of occupancy. A certificate of occupancy will be issued only when the building official determines that all landscaping has been installed in accordance with the approved landscape plan. If it is determined by the building official that planting of live material is hindered by adverse weather conditions, an extension of time may be granted for a period of up to six months.

(4)   Landscape plans shall be prepared by a licensed landscape architect, certified nurseryman or master gardener.

(d)   Landscape plan required.  When an application is submitted for a building permit on any site where these landscape regulations are applicable, the building permit application shall be accompanied by a landscape plan. The building official shall review the landscape plan to determine compliance with these landscape regulations. The landscape plan shall include sufficient information to determine compliance with this section, and shall as a minimum contain the following information: 

(1)   The date, scale, north arrow, title, and name of owner.

(2)   A minimum scale of not less than one inch equals 20 feet.

(3)   All existing and proposed buildings and other structures, paved areas, planted areas, power poles, light standards, fire hydrants, signs, fences, sidewalks, and other permanent features to be added and/or retained on the site.

(4)   The location and height of all trees to be preserved or retained.

(5)   The location of all plants and landscaping material to be used including paving, benches, screens, fountains, statues, or other landscape features.

(6)   A delineation of the designated landscaped area.

(7)   A list of the species of all plant material to be used.

(8)   A list of the size and height of all plant material to be used.

(9)   The spacing of plant material where appropriate.

(10)   Notes that an irrigation system including rain and freeze sensor controls will be provided for all landscaped areas.

(11)   The name, address, and telephone number of the person or firm responsible for the preparation of the landscape plan.

(e)   Definitions.  The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: 

Ground cover  means, at a minimum, a four-inch pot. 

Large island  means an island with a minimum dimension of six feet by 12 feet with a minimum of one tree. 

Large shrub  means a minimum of three feet high. 

Large tree  means a minimum three-inch caliper. 

Ornamental tree  means a minimum of four feet high. 

Parking lot  means any expanse of pavement for the maneuvering and parking of automobiles. 

Small shrub  means a minimum of two feet high. 

Small spot island  means an island with a minimum dimension of six feet by six feet square, or six feet circular. Small spot islands are limited to a maximum of 60 percent of the total number of islands combined. A minimum of one tree is required per spot island. 

(f)   Landscape area percentage.  An area not less than 15 percent of the total lot area shall be landscaped. No area shall be maintained with bare soil. All ground surfaces not used for buildings, sidewalks, roadways, or other impermeable surfaces shall be covered with live grass, turf, shrubbery, trees, ground cover, flowering plants or appropriate mulching and only those areas with live plant materials shall be included in the calculation for determining compliance with the percentage of lot coverage. 

(g)   Landscape setback.  There shall be a landscape setback area having a minimum width of 15 feet adjacent to all public street rights-of-way. Roof overhangs and awnings are permitted within this area as long as no conflict exists with the required landscaping. Loading areas, outside storage and outside display areas shall not encroach into the landscape setback. No parking or maneuvering areas are permitted within the landscape setback with the exception of ingress and egress drives. The landscape setback shall contain grass, ground covers, shrubs, trees, or any combination thereof, as provided herein. The landscape setback shall contain at a minimum: 

(1)   Required trees.  Within the landscape setback, one large tree shall be planted per 50 feet, or fraction thereof, of street frontage. Existing trees situated within the landscaped edge may be included in this calculation. Two ornamental trees may be substituted for a large tree. 

(2)   Required shrubs.  Ten small shrubs shall be planted per 50 linear feet, or fraction thereof, of street frontage. Shrubs planted for parking lot screening may be used to satisfy this requirement. 

(3)   Calculation regarding parking.  The required landscape setback landscaping shall not count toward parking lot screening or parking area landscaping requirements. 

(h)   Parking lot screening.  Parking lots which are not screened by on-site buildings or fences shall be screened from view of public rights-of-way and open space as follows: 

(1)   Screening shall be a maximum height of 30 inches above the grade of the parking lot along and adjacent to its entire length and provide a solid screening barrier using one, or a combination, of the following:

a.   Screening shrubs;

b.   Walls; and/or

c.   Berms.

(2)   Screening shrubs shall be large shrubs spaced a minimum of three feet on center. Shrubs shall be planted a minimum of two feet off the back of curbs. Areas under the car bumpers shall be covered with ground cover or special paving treatments such as brick or concrete pavers. Screening shrubs may be counted toward required landscape setback shrubs.

(3)   Wall structures shall be masonry. There shall be a continuous concrete mow edge with a minimum of 12 inches on the side of a wall facing the street right-of-way. Masonry walls shall be constructed to the standards in the Public Works Design Manual.

(4)   A maximum 30-inch high earth berm with 1:3 (one vertical to three horizontal) slopes set within a minimum 20 feet wide parking lot edge shall be provided between the property line and the edge of the parking lot. The entire length of the berm shall be vegetated with live plant materials.

(5)   Screening shall not extend into any visibility triangle.

(i)   Landscaping of parking lots.  Parking lots shall be landscaped in accordance with the following regulations: 

(1)   All landscaping within the parking lot shall be located within a landscape island. The island shall be delineated from the surrounding paved area by a curb or barrier of not less than six inches in height around the perimeter of the island. The curb or barrier shall be constructed of masonry or concrete. Each island shall be located entirely within the confines of the parking and maneuvering area.

(2)   One large tree shall be planted for every 20 parking spaces. No parking space shall be located more than 100 feet from a large tree within a landscaped island. All landscape islands shall be landscaped with at least ground cover and one large tree. Trees required by this section shall be located within an island in the interior of the parking lot.

(3)   Each drive approach for a property shall be constructed with parking entrance islands on each side of the driveway. The parking entrance islands shall be constructed perpendicular to the property line. The parking entrance island shall commence at the termination of the required landscaped setback and extend into the property. The parking entrance island shall be 18 feet in length and six feet wide. The long dimension shall be perpendicular to the landscape setback. The landscape entrance island shall be planted with small shrubs placed at three-foot centers.

(4)   All shrubbery, flowering plants, and trees planted in parking lot islands or adjacent to parking lots shall be set back 2 1/2 feet from any curb and/or curb stops placed where vehicles may face.

(5)   All parking lots must be at least five percent landscaped. This percentage counts toward the overall landscape requirement for the lot. For any larger existing trees located in the parking lot, which are being retained and incorporated into the landscape plan, an appropriate aeration system or an alternative method of protecting the trees must be provided and detailed in the landscape plan. At least three-fourths of the tree drip line area must be in a permeable area.

(j)   Conflict with traffic.  Landscape plantings shall not be erected or installed in such a manner as to interfere with traffic view or impose a safety hazard. All landscape plantings shall comply with any applicable visibility sight triangles as provided for in the zoning chapter of this Code (chapter 118), article 118-714. 

(Ord. No. 2423, § 1, 10-25-1999; Ord. No. 2473, § 1, 4-24-2000)


Sec. 114-72. Buffer yard regulations.

(a)   Purpose.  It is the purpose of this section to provide buffering elements for visual buffering between zoning districts of different character in order to mitigate the effects of potential nuisances such as dirt, litter, noise, heat, and glare of lights; and to provide spacing between different uses that may be considered incompatible. 

(b)   Buffer yard between zoning districts required.  For any nonresidential or multifamily construction which abuts a single-family or two-family residential zoning district or agricultural zoning district, there shall be a 15-foot buffer yard of live plant material for the entire width and distance along which the development abuts the residential district. This green belt is included in the overall calculation of the percentage of required landscaping. 

(c)   Buffer requirements. 

(1)   Multifamily zoning adjacent to single-family zoning: Multifamily zoning adjacent to single-family zoning shall provide the following:

a.   A masonry screening wall not less than six feet nor more than eight feet in height.

b.   A minimum of one large tree planted per each 30 linear feet of buffer area;

c.   A minimum of 40 percent of the provided large trees shall be evergreen.

(2)   Nonresidential zoning adjacent to residential: Nonresidential zoning adjacent to residential zoning shall provide the following:

a.   A masonry screening wall not less than six feet nor more than eight feet in height.

b.   A minimum of one large tree planted per each 30 linear feet of buffer area.

c.   A minimum of 40 percent of the provided large trees shall be evergreen.

(3)   Nonresidential zoning adjacent to residential zoning and separated by a street shall provide the following:

a.   The rear, service side and/or loading docks of the nonresidential zone shall comply with the requirement of this section.

b.   The rear, service side and/or loading docks shall be screened from view by a masonry screening wall not less than six feet nor more than eight feet in height.

c.   The rear, service side and/or loading docks shall provide a 15-foot buffer yard.

d.   A minimum of one large tree planted per each 30 linear feet of buffer area.

e.   A minimum of 40 percent of the provided large trees shall be evergreen.

f.   In lieu of the masonry-screening wall, a combination of screening shrubs and berms may be constructed to the minimum six-foot height. Earthen berms shall be constructed with a maximum 1:3 (one vertical to three horizontal) slope. The entire length of the berm shall be vegetated with live plant material.

(Ord. No. 2423, § 2, 10-25-1999)


Sec. 114-73. Landscaping credits.

(a)   Purpose.  Credits for trees and shrubs are intended to encourage the enhancement of the lot through additional landscaping elements and to provide relief to parcels that are configured in such a way as to make the 15 percent landscape area requirement less burdensome. 

(b)   General criteria.  As an alternative to the required 15 percent total landscaped area, landscape credits may be utilized to reduce the total amount of land area dedicated for landscaping purposes. However, in no instance shall the credits reduce the total amount of landscaping on a lot to less than ten percent of the total land area. Credits are allowed for existing or newly planted trees and shrubs, and only if the feature is maintained as a permanent element of the landscape plan. All landscaped areas, including trees, shrubs, vines, grasses and groundcover that received landscaping credits, shall be properly maintained. If any plant material dies, such material shall be subject to replacement as specified in section 114-77. Credits are allowed as follows: Credit shall be allowed according to Table 1 as follows. Any plant type or species may be used in the landscaping plan. However, landscaping credit shall be allowed only for those trees contained in exhibits. 

Table 1
Equivalent Landscape Area for Trees

TABLE INSET:

Caliper of Trees at 12
inches Above Grade,
When Planted   
Equivalent
Landscaped
Area Credits
(square feet)   
1 inch    200   
2 inches    400   
3 inches    600   
4 inches    800   
5 inches    1,000   
6 inches and above    1,200   

(Ord. No. 2423, § 3, 10-25-1999)


Sec. 114-74. Maintenance of landscaping; general criteria.

All landscaping and related maintenance shall be the responsibility of the property owner. The following minimum standards shall be required:

(1)   All required landscape areas shall be permanently maintained and shall be irrigated with an automatic conventional irrigation system equipped with rain and freeze sensor controls. The irrigation system shall be installed by a licensed irrigator or master plumber.

(2)   Landscape islands shall be irrigated as required by this section. Irrigation of all landscaped area adjacent to any parking and/or driving surfaces shall be installed such that a minimum amount of water is applied to parking and/or driving spaces.

(3)   Irrigation systems may be buried on public street right-of-way; however, the city or any franchised utility will not be responsible for damage to any landscaping material or equipment while performing repairs of maintenance to its system.

(4)   Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants that are not a part of the landscaping.

(5)   All plant materials shall be maintained in a healthy and growing condition as appropriate for the season of the year. The property owner is responsible for regular weeding, mowing of grass, irrigation, fertilizing, pruning, and other maintenance of all plantings as needed.

(6)   Plant materials which die shall be replaced by the owner within a six-month period with plant material of similar variety and size.

(Ord. No. 2423, § 4, 10-25-1999)


Sec. 114-75. Landscape review board.

(a)   Creation.  There is hereby created a landscape review board. For the purpose of this article, the members of the city council shall serve in the capacity of the landscape review board. 

(b)   Meetings and quorum.  Four members of the board shall constitute a quorum for the conduct of business. The members of the board shall regularly attend meetings and public hearings of the board and shall serve without compensation. Minutes shall be kept showing the vote of each member on each question or the absence or failure of each member to vote. Such proceedings shall be a public record and shall be retained for at least five years. 

(c)   Jurisdiction.  The landscape review board shall have the right to inspect premises where required in the discharge of their responsibilities under this article. The landscape review board, in specific cases, may authorize or order the following: 

(1)   Interpretation.  To hear and decide appeals where it is alleged there is error on any order, requirement, decision or interpretation of this article by the building official. In reaching its decision, the board shall establish firm guidelines for future administrative actions on like matters. 

(2)   Permits for nonconformities.  To authorize, when applicable, a building permit for the reconstruction, extension, or enlargement of an existing structure in which the landscaping is nonconforming within the requirements of this article. 

(3)   Variances.  To authorize upon appeal, in specific cases, such variance from the terms of this article as will not be contrary to the public interest and where, because of special conditions, the enforcement of the article would result in an unnecessary hardship. 

(d)   Interpretation request or appeal.  A request for interpretation of regulations or an appeal for variance from a certain provision of this article may be taken by any person aggrieved or by any officer, department, or board of the city affected by a decision of the city building official. Such appeal shall be taken within 15 days' time after the decision has been rendered, by filing with the building official a notice of appeal specifying the grounds thereof. The building official shall transmit to the board all papers constituting the record upon which the action being appealed was taken. 

(e)   Application.  Before any request for an interpretation or a variance from this article will be heard by the landscape review board, application shall be made and duly filed by the property owner or authorized agent upon the forms prescribed by the city. Such application shall include, but is not limited to, the following: 

(1)   The name, address, and phone numbers of the property;

(2)   The name, address, and phone numbers of the owner's agent, if applicable;

(3)   The legal description of the property;

(4)   A brief description of the variance sought;

(5)   The required number of copies of a current boundary survey, plats, or plot plan of the property.

The applicant must provide proof of ownership of the property, or a letter from the owner of the property granting the applicant permission to request the variance.

(f)   Fees.  Every application for a variance shall be accompanied by a filing fee as established in appendix A. 

(g)   Stay of proceedings.  An appeal shall stay all proceedings of the action appealed from unless the city building official, after the notice of appeal has been filed, certifies in writing to the board that a stay would, in the opinion of the city building official, cause imminent peril to life or property. In such case, proceedings shall only be stayed by a restraining order granted by the board or by a court of record. 

(h)   Form of appeal or application.  An appeal or application shall be in such form and contain such information as the board may require under its rules of procedure. It shall be accompanied by the required fee. An incomplete appeal or application shall be deemed only to give notice of intent to appeal or apply to the board and shall not be reviewed or scheduled for hearings until brought to completion. 

(i)   Notice of hearing.  Official written notice of public hearing on every application for a variance or for an interpretation of regulations applying solely to an individual property shall be sent to all owners of real property lying within 200 feet of any property on which the variance is requested. The notice of hearing shall be given to each taxpayer as the ownership appears on the last approved city tax roll by depositing such notice, properly addressed and postage paid, in the United States Post Office, not less than ten days before the date set for a hearing before the landscape review board. Notice of hearing shall also be given by publication in the official newspaper of the city at least ten days before the date before the date set for a hearing before the landscape review board. Such notice shall state the time and place of such hearing, and the nature of the subject to be considered. 

(j)   Hearing. 

(1)   Upon the hearing, the applicant shall appear in person or by attorney or authorized agent. Evidence supporting the granting or denial of an appeal shall be submitted only through the city building official or to the board in public meeting.

(2)   Any appeal or application may be withdrawn upon written notice to the city building official.

(3)   The board shall make its decision on any application within 45 days from the time the initial hearing is held or the application will be deemed to have been denied.

(k)   Decision and voting. 

(1)   Every decision of the board shall be based upon findings of fact and every finding of fact shall be supported in the record of proceedings. The board may act only in matters as specifically authorized by these regulations and these regulations shall be construed as limitations on the power of the board to act.

(2)   Nothing herein contained shall be construed to empower the board to change the terms of these regulations, or to effect changes in the zoning districts. The powers of the board shall be so applied that the terms of these regulations will be strictly enforced.

(3)   The affirmative vote of four members shall be necessary to reverse, on appeal, any order, requirement, decision or determination of the city building official; to approve any variance that the board is empowered to grant; or to authorize the continuance or discontinuance of a nonconforming use, structure, or lot.

(4)   A member shall disqualify himself from voting whenever he has a personal or monetary interest in the property under appeal, or will be directly affected by the decision of the board.

(5)   A member may disqualify himself from voting whenever any applicant, or his agent, has sought to influence the member's vote on the appeal other than in the public hearing.

(6)   The decision of the board shall be final.

(l)   Approval of request. 

(1)   In approving any request, the board may designate such conditions including time limits, if appropriate, in connection therewith in order to secure substantially the objectives of the regulation or provision to which such variance is granted and to provide adequately for the maintenance of the integrity and character of the zone in which such permit is granted.

(2)   When necessary the board may require guarantees, in such form as it deems proper, to insure that conditions designated in connection therewith are being or will be complied with.

(3)   Upon approval of an application for a variance appeal, the applicant shall apply for occupancy or construction permits within 60 days after the board's decision unless a greater time is requested in the application and is authorized by the board. Any approval may be granted one emergency extension of 60 days on written request filed with the board before expiration of the original approval. Failure of the applicant to apply for occupancy of construction permits within the authorized time period shall void the right to secure such permits except upon the filing of a new application or appeal.

(m)   Denial of request.  No appeal or application that has been denied shall be further considered by the board, unless the board affirmatively finds: 

(1)   That new plans materially change the nature of the request; or

(2)   The permitted development of other nearby property in the same zone has been substantially altered or changed by a ruling of the board so as to support an allegation of changed conditions.

(Ord. No. 2423, § 5, 10-25-1999; Ord. No. 2600, § 1, 1-28-2002)

Cross references:  Boards, commissions and committees, § 2-121 et seq. 


Sec. 114-76. Violations.

(a)   If the building official shall find any of the provisions of this article being violated, he shall, when necessary, give notice to the person responsible to cease such violations forthwith.

(b)   Written notice may be delivered in person or by mail to a violator or to any person in charge of property where a violation is occurring. Verbal notice may be given to a violator in person by the building official or his deputy. Either notice shall be effective.

(c)   In their interpretation and application, the provisions of this article shall be held to be the minimum requirements adopted for the promotion of public health, safety, morals and general welfare.

(d)   Whenever the requirements of this article are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the requirements that are most restrictive or that impose higher standards as determined by the building official shall govern.

(Ord. No. 2423, § 6, 10-25-1999)


Sec. 114-77. General plant list.

The following is the city's general plant list:

TABLE INSET:

COMMON NAME    SCIENTIFIC NAME   
LARGE TREES     
DECIDUOUS     
* Big Tooth Maple    Acer grandidentatum   
* Chinese Pistache    Pistachia chinensis   
* Ornamental Pear ('Aristocrat, Bradford')    Pyrus calleryana   
Osage Orange (native) (fruitless, thorn less cultivars only)    Malcura pomifera   
* Panicled Goldenrain Tree    Koelreuteria paniculata   
* Texas Red Oak (native)    Quercus buckleyi   
Western Soapberry (native)    Sapindus drummondii   
Lacebark Elm    Ulmus parvifolia   
* Bald Cypress    Taxodium distichum var. distichum   
Bur Oak (native)    Quercus macrocarpa   
Chinquapin Oak (native)    Quercus muehlenbergii   
Pecan (native)    Carya illinoinensis   
* Shumard Oak (native)    Quercus shumardii   
* Caddo Maple    Acer barbatum var. caddo   
* Cedar Elm    Ulmus crassifolia   
EVERGREEN     
Afghan Pine    Pinus eldarica   
Japanese Black Pine    Pinus thunbergiana   
Deodar Cedar    Cedrus deodara   
* Southern Live Oak    Quercus virginiana   
Southern Magnolia    Magnolia grandiflora   
ORNAMENTAL TREES     
DECIDUOUS     
* Crape Myrtle    Lagerstroemia indica (cultivars)   
Desert Willow    Chilopsis linearis   
Flowering Crabapple    Malus spp   
* Oklahoma Redbud (native)    Cercis canadensis var. texensis   
* Deciduous Holly (native)    Lllex decidua   
Mexican Plum    Prunus mexicana   
Eve's Necklace    Sophora affinis   
Redbud    Ceris canadensis var. canadensis   
* Japanese Maple    Acer palmatum (cultivars)   
Flamefeal Sumac    Rhus copallina   
Prairie Flameleaf Sumac    Rhus lanceolata   
EVERGREEN     
Little Gem Magnolia    Magnolia grandiflora ('Little Gem')   
* Yaupon Holly    Llex vomitoria   
Eldarica Pine    Pinus eldarica   
LARGE SHRUBS     
DECIDUOUS     
Crape Myrtle    Lagerstroemia indica (cultivars)   
EVERGREEN     
* Blue Point Juniper    Juniperus chinensis var. chinensis   
Canaert Eastern Red Cedar    Juniperus virginianana 'Canaertii'   
* Hollywood Juniper    Juniperus chinensis var. chinensis'Torulosa'   
Mary Nell Holly    Llex cv. ('Mary Nell')   
* Ebbiges' Silberberry    Elaeagnus x ebbingel   
Foster's Holly    Llex x attenuata 'Fosteri'   
* Nellie R. Stevens Holly    Llex cv. ('Nellie R. Stevens')   
Yaupon Holly    Llex vomitoria   
Thorny Elaeagnus    Elaneagnus pungens   
Cleyera    Temstromia gymnanthera   
Wax Leaf Ligustrum    Ligustrum japonicum   
Japanese Ligustrum    Ligustrum lucidum   
Wax Myrtle    Myrica cerifera   
Fraser's Photinia    Photinia x 'fraseri'   
SMALL SHRUBS     
DECIDUOUS     
* Crimson Pygmy Barberry    Berberis thunbergii 'Crimson Pigmy'   
Dwarf Crape Myrtle    Lagerstroemia indica (dwarf cultivars)   
* Semi-dwarf Crape Myrtle    Lagerstroemia indica (semi-dwarf cultivars)   
Dwarf Burning Bush    Euonymus alata 'Compacta'   
Flowering Quince    Chaenomeles speciosa   
* Purple Leaf Japanese Barberry    Berberis thunbergii 'Atropurpurea'   
Forsythia    Forsythia x intermedia   
Pampas Grass    Cortaderia selloana   
* Rose-of-Sharon    Hibiscus syriacus (cultivars)   
Vanhoutte Spiraea    Spiraea x vanhouttei   
SEMI-EVERGREEN     
* Dwarf Glossy Abelia    Abelia x grandiflora (dwarf cultivars)   
* Edward Goucher Abelia    Abelia cy. 'Edward Goucher'   
* Glossy Abelia    Abelia x grandiflora   
EVERGREEN     
Japanese Garden Juniper    Juniperus chinensis var. procumbens   
Shore Juniper    Juniperus conferta   
Dwarf Indian Hawthorn    Raphiolepis indica (dwarf cultivars)   
* Carissa Holly    Ilex cornuta 'Carissa'   
Dwarf Chinese Holly    Ilex cornuta 'Rotunda'   
Dwarf Nandina    Nandina domestica (dwarf cultivars)   
* Dwarf Yaupon Holly    Ilex vomitoria 'Nana'   
Compact Pfitzer Juniper    Juniperus chinensis var. chinensis ('Compact Pfitzer')   
Compact Nandina    Nandina domestica ('Compacta')   
* Dwarf Burford Holly    Ilex cornuta ('Burfordii Nana')   
* Japanese Aucuba    Aucuba japonica (cultivars)   
Oregon Grape    Mahonia aquifolium   
Agarita (native)    Mahonia trifoliolata   
Pfitzer Juniper    Juniperus chinensis var. chinensis'Pfitzerana'   
* Texas Sage    Leucophyllum frutescens (cultivars)   
* Cleyera    Temstroemia gymnanthera   
* Nandina    Nandina domestica   
Red Yucca    Hesperaloe parviflora   
GROUND COVERS     
EVERGREEN     
Creeping Juniper    Juniperus horizontalis (cultivars)   
Gray Santolina or Lavender Cotton    Santolina chamaecyparissus   
* Asiatic Jasmine    Trachelospermum asiaticum   
Japanese Purple Honeysuckle    Lonicera japonica 'Purpurea'   
* Liriope or Lilly Turf    Liriope muscari (cultivars)   
Purpleleaf Euonymus    Euonymus fortunei 'Colorata'   
Ajuga or Carpet Bugle    Ajuga reotans   
* English Ivy    Hedera helix   
* Mondo Grass or Monkey Grass    Ophiopogon japonicas   
Periwinkle or Vinca    Vinca major   
VINES     
DECIDUOUS     
* Madame Galen Trumpet Creeper or Trumpet Vine    Campsis x tagliabuana 'Madame Galen'   
Chinese Wisteria    Wisteria sinensis   
Virginia Creeper (native)    Parthenocissus quinquefolia   
* Boston Ivy    Parthenocissus tricuspidata   
VINES - SEMI-EVERGREEN     
Lady Banksia Rose    Rosa banksiae 'Lutea'   
Sweet Autumn Clematis    Clematis paniculata   
* Carolina Yellow Jassamine    Gelsemium sempervirens   
Cross Vine    Bignonia capreolata   
EVERGREEN     
* Trumpet or Coral Honeysuckle (native)    Lonicera sempervirens   
* English Ivy    Hedera helix   
GRASSES     
Big Bluestem    Andropogon gerardii   
Bushy Bluestem    Andropogon glomeratus   
Splitbeard Bluestem    Andropogon ternarius   
Sideoats Grama    Bouteloua curtipendula   
Inland Seaoats    Chasmanthium latifolium   
Common Bermuda Grass    Cynodon dactylon   
Seep Muhly    Muhlenbergia reverchonii   
Alamo Switch Grass    Panicum virgatum 'Alamo'   
Little Bluestem (local)    Schizachyrium scoparium   
Lometa Indian Grass    Sorghastrum natans 'Lometa'   
St. Augustine    Stenotaphrum secundatum var. Raleigh   
Eastern Gama Grass    Tripsacum dactyloides   
Buffalo Grass    Buchloe dactyloides   

An asterisk (*) denotes those plant materials which are particularly outstanding for this area.

(Ord. No. 2423, Exhibit A, 10-25-1999)

Secs. 114-78--114-110. Reserved.