ORDINANCE NO * * * * * WHEREAS, the City Council of the City of Mont Belvieu, Texas, ( City ) is

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1 ORDINANCE NO AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF MONT BELVIEU, TEXAS, TO PROVIDE FOR CHANGES IN THE ZONING CODE RELATED TO LANDSCAPING; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING FOR A PENALTY; AND PROVIDING AN EFFECTIVE DATE. * * * * * WHEREAS, the City Council of the City of Mont Belvieu, Texas, ( City ) is authorized by Chapter 211 of the Texas Local Government Code to promulgate rules and regulations governing land use, structures, businesses and related activities; and WHEREAS, the City Council is authorized by Chapter (a) to make changes to the zoning ordinance related to landscaping that are consistent with the general purpose and intent of the ordinance. WHEREAS, the Texas Local Government Code requires a public hearing on the proposed zoning text amendment to hear any and all person desiring to be heard and such hearing was held on, 2013; WHEREAS after considering the public testimony received at such hearing the, the City Council further finds that the amendment to the rules and regulations governing land use, structures, businesses, and related activities promotes the health, safety, morals and general welfare of the City; and WHEREAS each and every requirement set forth in Chapter 211, Subchapter A, Texas Local Government Code, Sections and , Code of Ordinances, City of Mont Belvieu, Texas concerning public notices, hearings,, and other procedural matters has be fully complied with.

2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONT BELVIEU, TEXAS: Section 1. All of the facts and recitations found in the preamble of this Ordinance are hereby found to be true and correct and incorporated herein for all purposes. Section 2. Section (c)(7) is hereby replaced with a new Section (c)(7) to read as follows: (7) Trees shall be preserved in situ to the extent possible. Some trees are less desirable due to the nature of the tree and the proposed use (e.g. disease-prone trees, invasive species, aggressive species, or messy fruit-bearing trees). These trees shall be removed at the discretion of the developer. The standards provided in Chapter 10, Section VI for trees shall be complied with. Section 3. Section (e) is hereby replaced with a new Section (e) to read as follows: (e) Completion of landscaping improvements. 1. All landscaping improvements shall be completed in compliance with the approved site plan, landscaping planting plan, and irrigation plan and must be completed prior to the issuance of a certificate of occupancy. Exceptions may be granted where weather factors prohibit the timely implementation of the schedule. In such cases, an extension not to exceed six (6) months may be permitted. A surety bond of not less than one hundred ten (110) percent of the total value of the landscaping shall be in place before the exception is

3 permitted. The bond will be held until the project is in full compliance with the approved landscape and site plans and the provisions in this section. 2. Provisions shall be made for maintenance of all required landscaping planted as part of a commercial development plan or residential subdivision so as to reasonably assure survival and normal growth in the condition when approved for the life of the project. Fiscal security shall be posted in the amount equal to the prevailing rate for installed trees with a five (5) year guarantee, plus fifteen (15) percent to cover administrative costs. Section 4. Section (f)(4) is replaced to read as follows: Single-family residential landscaping requirements a. Each new single-family residential lot requires the minimum tree and shrub plantings: 1. Two (2) deciduous canopy trees with a height at maturity of thirty (30) feet or greater 2. Two (2) ornamental trees 3. Lots in excess of ten thousand (10,000) square feet shall have one (1) additional canopy tree and one (1) additional ornamental tree. An additional canopy tree and ornamental tree are required for every additional ten thousand (10,000) square feet lot size. 4. Additional canopy, ornamental or evergreen trees are encouraged to be planted in excess of the minimum requirements, particularly on lots that will abut collector or arterial streets or non-residential uses.

4 b. All single-family residential lot landscaping shall be installed prior to receiving a certificate of occupancy. All common areas in residential areas shall be landscaped prior to the issuance of a certificate of occupancy. Section 5. A new Section entitled Buffering is added to read as follows: (a). Purpose. These regulations are intended to require transitional buffer yards when necessary to enhance and preserve the value of buildings, reduce adverse effects of traffic, lighting, noise, dust and odor, and to protect building occupants privacy by requiring spacing and screening between uses of different types of intensities. Such transitional buffer yards as required herein are intended to be tailored according to the intensity of the use and adjacent uses. The greater the difference in intensities, the deeper the transitional buffer yard which shall be required; and the less the difference in intensities, the shallower the transitional buffer yard which shall be required. (b) Buffers between new industrial uses and existing residential uses or zones. 1. A buffer of one hundred (100) feet is required between new industrial uses and existing residential uses or zones. 2. If the buffer area is forested, the area shall be retained in that condition. 3. The fifty (50) foot area closest to the residential property shall be planted with canopy and understory trees. 4. The fifty (50) feet nearest the industrial area shall be planted with a mixture of either canopy and understory trees or a mixture of understory trees and shrubs.

5 5. Fencing shall be required at the property line or at the inside edge of the vegetative buffer. (c) Buffers between commercial uses and existing residential lots or zones. 1. A buffer of twenty (20) feet is required between commercial uses and existing residential lots or zones. 2. The buffer zone must be permeable. No impervious groundcover is permitted in the buffer. 3. The buffer area shall be planted with shrubbery at the edge of the parking area if the parking stalls face the residential lot or zone. 4. The buffer area shall be planted with understory trees at a spacing of twenty (20) feet between shrubbery and the fence line. If sufficient space exists canopy trees shall be utilized instead. 5. Fast-growing evergreen trees shall be planted along the fencing at a spacing of six (6) feet. 6. Opaque fencing is required when commercial uses directly abut residential lots. Masonry fencing should be used whenever possible. City staff may require masonry fencing. 7. Buffers are not required between adjacent commercial uses. (d) Residential Subdivisions near major roads. If a subdivision is designed in a manner that results in residential lots abutting arterial streets or highways, an eight (8) foot masonry fence must be erected to mitigate the effects of the proximity to the increased noise and glare a major roadway creates. The area between the right of way

6 of the major street and the fence shall be planted with canopy trees every thirty (30) feet. Section 6. Severability. In the event any clause, phrase, provision, sentence or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Mont Belvieu, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 7. Repeal. All ordinances or parts of ordinances in force when the provisions of this Ordinance becomes effective which are inconsistent or in conflict with the terms and provisions contained in this Ordinance are hereby repealed only to the extent of such conflict. Section 8. Penalty. Any person who violates or causes, allows, or permits another to violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than two thousand dollars ($2000). Each occurrence of any such violation of this Ordinance shall constitute a separate offense. Each day on which any such violation of this Ordinance occurs shall constitute a separate offense.

7 Section 9. Effective Date. This Ordinance shall be effective and in full force when published as required by law. PASSED, APPROVED, and ADOPTED this, the day of, ATTEST: Nick Dixon, Mayor City of Mont Belvieu, Texas Kori Schweinle, City Secretary