Example Ordinances

SECTION 1 Streetscape: protection of native and established trees, landscaping and sidewalks

1.1 Trees and landscaping along major roadways, city streets, street medians or in parking lots are required. [Mandatory requirement]

Example: Westlake Code of Ordinances, Chapter 98, Article III, Division 2, Sections 104-106

1.2 Require upkeep of landscaping to ensure the viability of plants.

Example: Sugar Land Land Development Code, Chapter 3, Section 3-3(b)

1.3 Landscape requirements apply to all public, private and institutional developments and must be installed in a sound manner and in accordance with accepted good planting procedures.

Example: Flower Mound Code of Ordinances, Chapter 82, Article V, Sec 82-212, 82-216

1.4 Landscaping and screening required to be installed as a part of project construction. Existing landscape areas to be retained shall be protected from vehicular encroachment during and after the construction phase by appropriate barriers.

Example: Benbrook Code of Ordinances, Title 16, Chapter 16.28, Section 010

1.5 Sidewalks required to be a minimum of 5 feet in width; 8 feet in transit corridors; 10 feet in downtowns and high-density areas. Sidewalks must be maintained in good condition and have pedestrian buffers with a minimum width of 2 feet.

Example: North Richland Hills Code of Ordinances, Chapter 118, Article IV, Division 15, Section 567

1.6 Please describe your enforcement program: a) methods, b) budget and c) number of FTEs or their equivalent.

Example: City ordinances do not often describe budget and enforcement; if they do, it is not in great detail. Therefore, to respond to this criterion, please provide an ordinance describing enforcement methods and attach a budget and/or position description that shows how the enforcement program and employees are funded.

Section 2 Parks, Trails and Public Spaces

2.1 Provide a comprehensive system of parks, greenbelts and open space that is compatible with the environment and conducive to residential neighborhoods, and meets national standards of 10 acres per 1,000 population.

Example: Colleyville 2011 Parks, Recreation and Open Space Master Plan – Page ES-5

2.2 Parks contain a significant number of amenities including trees, benches, playgrounds, etc which are maintained to good condition and have security features (anti-theft devices, safety for parking areas and trails, etc).

Example: College Station: Section II Parks II 1-114; Parks and Recreation Resource Guide 

2.3 There exists a park set-aside ordinance for development.

Example: Sealy Code of Ordinances, Chapter 87, Article III, Section 52

2.4 Provide for a comprehensive and connective multi-use trail system and map. Trails are clearly marked with appropriate signage, and there are established measures for upkeep and maintenance.

Example: Georgetown Trails Master Plan, Chapter 3, Pages 2-4

2.5 The boundaries of designated open space and recreational areas are clearly delineated as public spaces with future development prohibited or designated for public use if on private property.

Example: South Padre Island Code of Ordinances, Subchapter B

2.6 Any new development site must permanently set aside open space for public or private use which will not be developed. Open space may be used as community open space or preserved as green space.

Example: Cedar Hill Code of Ordinances, Chapter 20, Article II, Section 20-42

2.7If used for recreation, a park shall not have impervious cover exceeding 20% of the open space area.

Example: pending

2.8 The following areas are considered high priorities when designating open space: conservation buffers, high-quality native trees, critical habitat areas, and high-quality soil resources.

Example: Granbury: see 4.12C

2.9 Please describe your enforcement program: a) methods, b) budget and c) number of FTEs or their equivalent.

Example: City ordinances do not often describe budget and enforcement; if they do, it is not in great detail. Therefore, to respond to this criterion, please provide an ordinance describing enforcement methods and attach a budget and/or position description that shows how the enforcement program and employees are funded.

Section 3 On-premises sign ordinance

3.1 Strict limits on size, placement, and quantity of signs per business. All permanent signs require permits separate from the building permit. [Mandatory requirement – the more restrictive, the more points will be awarded] Answer individually as follows:
1.m Minimum requirement: signs require permits separate from the building permit.
1.a Strict limits on the quantity of signs per business.
1.b Strict limits on size (both square footage and height), placement, and quantity of signs per side/property frontage.

Example: 

1.m Flower Mound: Chapter 86, Article II, Division I, 86-41 

1.a Flower Mound: Chapter 86, Article II, Division 2, Section 67 

1.b Flower Mound, Chapter 86, Article II, Division 2, Section 676-67GRSI

3.2 Banned signage: All wind devices, roof signs, and portable signs.

Example: Prosper: 1.11, p. 30-31

3.3 Restricted digital signage: All electronic changeable message (digital) signs should be banned outright or restricted to special districts within city limits. IF digital signs are allowed, clearly-stated regulations must strictly limit size, height, and brightness of such signs, and prohibiting images and frequent rotation of fixed images on such signs. Regulations are written so that signs are designed to be in context with the natural and built environment.

Example: Waxahachie: Appendix A, V, 43.5

3.4 A mechanism exists to bring existing (grandfathered) signs into conformity with the municipality’s current sign code.

Example: Hutto Unified Development Code, Chapter 2, Section 10.206.5

3.5 A process exists to enforce the removal of any sign that is significantly damaged, destroyed or abandoned.

Example: Pflugerville Code of Ordinances, Title XV, Chapter 154, Sections 305 and 401

3.6  Please describe your enforcement program: a) methods, b) budget and c) number of FTEs or their equivalent.

Example: City ordinances do not often describe budget and enforcement; if they do, it is not in great detail. Therefore, to respond to this criterion, please provide an ordinance describing enforcement methods and attach a budget and/or position description that shows how the enforcement program and employees are funded.

Section 4 Off-premises signage

4.1 No permits are allowed to be issued for new outdoor general advertising off-premises signs. [Mandatory requirement]

Example: Houston: Sec. 4612, p. 59 

4.2 Specific ordinance language states that existing, non-electronic billboards may NOT be modified, upgraded or in any way converted to an electronic, changeable message (digital) billboard format.

Example: Roanoke Code of Ordinances, Chapter 12, Article VII, Division 9, Section 867 (d)

4.3 Policy prohibiting the relocation of billboards, or allowing relocation only when required by the construction of a project using public funding, provided that such relocation is restricted to a limited period of time.

Example: Sugar Land Land Development Code, Chapter 4, Article IV, Section 33

4.4 Parked motor vehicles and/or trailers are not allowed to be intentionally located so as to serve as an advertising device for use, product or service.

Example: Plano Code of Ordinances, Chapter 6, Article XII, Division 2, Section 487 (4)

4.5 Moving motor vehicles and/or trailers may not be employed primarily for the purpose of displaying commercial advertising messages. Commercial advertising messages are prohibited on any vehicle if the messages are unrelated to the primary business or activity for which the vehicle is utilized; this includes but is not limited to transit vehicles and school buses.

Example: Pilot Point:Chapter 3, Section 3.03.013, 10-B-iii-d

4.6 No advertising allowed on street furniture (bus shelters, park benches, transit stations, trash receptacles, directional kiosks, etc).

Example: Webster: See Chapter 66, Article III, Sec. 66-246(14)

4.7 Ban on posting of signs on public property. Any signs found upon any public property may be removed by the city.

Example: McAllen Code of Ordinances, Chapter 130, Article 3, Section 130-81 (3-4)

4.8 Law prohibiting tree-cutting or similar clearing of vegetation on public rights-of-way to provide a better view of off-premises signs.

Example: Mesquite:Section 15.5-4 & 5

4.9 A process exists to remove nonconforming outdoor general advertising devices (i.e. billboards) that are not on federally-funded roadways.

Example: Colleyville Land Development Code, Chapter 4 and 5

4.10 Please describe your enforcement program: a) methods, b) budget and c) number of FTEs or their equivalent.

Example: City ordinances do not often describe budget and enforcement; if they do, it is not in great detail. Therefore, to respond to this criterion, please provide an ordinance describing enforcement methods and attach a budget and/or position description that shows how the enforcement program and employees are funded.

Section 5 Lighting standards for streetscapes and public spaces

5.1 Street lighting program that places emphasis on the selection of lighting equipment and the location of street lighting so as to provide sufficient visibility, increased safety, and improved security for pedestrians and vehicles.

Example: Flower Mound Code of Ordinances, Chapter 98, Article IV, Division 6, Subdivision II, Section 1121

5.2 Adequate illumination that meets the level-of-use standards set for the municipality is required.

Example: Magnolia: Chapter 30, Article VII, Sec. 30-175

5.3 Outdoor lighting program that decreases light pollution effects and preserves the nighttime visual environment. The program should minimize glare and obtrusive light by emphasizing directional lighting, limiting misdirected, excessive, or unnecessary outdoor lighting, and curtailing and reversing any degradation of the night sky.

Example: South Padre Island Code of Ordinances, Chapter 15, Sections 12-24, 12-25, 12-26

5.4 Cost-sharing program exists between the city and power provider(s) to upgrade light fixtures.

Example: South Padre Island: 19-1

5.5 Please describe your enforcement program: a) methods, b) budget and c) number of FTEs or their equivalent.

Example: City ordinances do not often describe budget and enforcement; if they do, it is not in great detail. Therefore, to respond to this criterion, please provide an ordinance describing enforcement methods and attach a budget and/or position description that shows how the enforcement program and employees are funded.

Section 6 Landscaping in parking lots

6.1 Incorporate appropriately-scaled, well-graded and planted earth berms, shrubs, or other landscaping on parking area perimeters to screen the parking area from streets and other facilities.

Example: Keller Unified Development Code, Article 9, Section 9.03

6.2 Require that planted islands have curbs.

Example: Roanoke Code of Ordinances, Chapter 12, Article VII, Division 3, Sec 725 (c)

6.3 Integrate groundcovers and small shrubs at island ends to add interest while maintaining visibility of pedestrians and vehicles; minimize the use of medium to tall shrubs on internal islands.

Example: Richardson Landscaping Requirements and Policies, Parking Loading and Storage Areas

6.4 If paving around a tree is required, use porous pavements such as cast-in-place, monolithic turf and concrete combinations over specimen tree roots to allow water and air exchange.

Example: Keller Unified Development Code, Article 10, Section 10.01 K.2(f)

6.5 Require that regionally native, drought-tolerant and extreme temperature-tolerant species are used whenever possible. Ensure that plants installed in or around parking areas receive proper irrigation to encourage deep root growth.

Example: Nassau Bay: 16.5-300A(4) and 16.5-300H

Example: City ordinances do not often describe budget and enforcement; if they do, it is not in great detail. Therefore, to respond to this criterion, please provide an ordinance describing enforcement methods and attach a budget and/or position description that shows how the enforcement program and employees are funded.

Section 7 Protection of landscaping during construction activities

7.1 Require that protective barricades are installed around all protected trees and grand trees prior to any construction activities on a development site.

Example: Southlake Tree Preservation Ordinance & Tree Technical Manual, Article II, Chapter 9, Section 9.8 (e-ii)

7.2 Barricades are to be installed a minimum of 10 feet from a protected tree or at the designated protective root zone.

Example: Dripping Springs: Section 28.06.058 (f)

7.3 Materials used for protective barricades shall be made of wood, fencing or solid material.

Example: Pflugerville Tree Protection Measures

7.4 Vertical barricades no less than 3 feet in height and no more than 6 feet apart. Horizontal members consisting of wood no less than 3 feet above existing grade and securely attached to the vertical members.

Example: Keller: 10.01 K.4.b., p.10-8

7.5 Protective barricades removed only to prepare the development site for final landscaping activities.

Example: Belton Design Standards, Landscape Design Standards

7.6 No parking or storing of vehicles, equipment or materials allowed within the protective root zone.

Example: Plano Zoning Ordinance, Article 3, Section 3.1200 7 f iii

7.7 Please describe your enforcement program: a) methods, b) budget and c) number of FTEs or their equivalent.

Example: City ordinances do not often describe budget and enforcement; if they do, it is not in great detail. Therefore, to respond to this criterion, please provide an ordinance describing enforcement methods and attach a budget and/or position description that shows how the enforcement program and employees are funded.

Section 8

Clearly-stated unity-of-design standards throughout the city or within defined areas or special districts. Five or more of these areas exist in the city, or these areas comprise at least 35% of the city. Please also describe how these standards are maintained/enforced. Examples of standards that must be in place to qualify as a unified-design area include:

  • Storefront design standards in terms of shapes and materials for awnings, storefront lighting, entries, doors, windows, and building appurtenances
  • Signage limitations for permitted on-premises signs and specific guidelines for display window signage, window graphics, plaque signs, and entry paving
  • Exterior furnishings/landscape – requirements regarding allowed exterior furnishings, landscaping, sidewalk grade, and ADA compliance

Example: For this criterion, there may be ordinances that clearly define a unity-of-design standard, but it is unlikely there are ordinances that also describe the enforcement of these standards and the budget for enforcement. If there are, great! If not, please provide ordinance describing enforcement methods and attach a budget and/or position description that shows how the enforcement program and employees are funded.

Section 9 Litter and graffiti

9.1 Littering is expressly prohibited and fined by city ordinance, including pedestrian trash as well as that thrown from motor vehicles.

Example: Heath Code of Ordinances, Title V, Chapter 52, Sections 14-15

9.2 Publicly supported cleanup efforts and education program for trash and graffiti.

Example: For this criterion, your city may not have an ordinance that mandates publicly supported cleanup efforts and education programs for trash and graffiti. If there are, great! If not, please send us brochures, pamphlets, or links to websites demonstrating a publicly supported cleanup effort and education for trash and graffiti.

9.3 Graffiti is expressly prohibited and fined by city ordinance, and a program exists to enforce effective removal.

Example: Richardson Code of Ordinances, Chapter 14, Article V, Sections 122-125

9.4 Public trash receptacles have a protective covering to prevent trash from blowing out of the can.

Example: Pflugerville Code of Ordinances, Title 9, Chapter 92, Public Nuisances, Section 92.15 B (5)

9.5 Trash can only be placed for collection on certain designated days, and not before or after within a period of 15 hours.

Example: Flower Mound: Chapter 34, Article II, Division 3, Sec 34-81, 82   Appendix B, Article V, Division 1, Sections 4, 5 and 8

9.6 Strict prohibition on dumping.

Example: Bastrop Code of Ordinances, Chapter 13, Article 13.08, Sections 008-009

9.7 Please describe your enforcement program: a) methods, b) budget and c) number of FTEs or their equivalent.

Example: City ordinances do not often describe budget and enforcement; if they do, it is not in great detail. Therefore, to respond to this criterion, please provide an ordinance describing enforcement methods and attach a budget and/or position description that shows how the enforcement program and employees are funded.

Section 10 Utility and cable line program

10.1 Install utility lines (including individual service lines, transmission lines, and distribution lines) underground, below the finished grade of the right of way. Remove (if appropriate) all poles, guy wires and related structures used to support overhead prior to burial.

Example: Roanoke Code of Ordinances, Chapter 9, Exhibit A, Section 9 M (2)

10.2 Utility infrastructure should be mounted on pads at ground level; if within the right of way, should not block sidewalks or visibility at intersections.

Example: Richardson Code of Ordinances, Chapter 21, Article III, Section 50

10.3 All utility services located within the boundaries of a major roadway reconstruction or public improvement project are placed underground (in a minimum of 20% of the city).

Example: Westlake Code of Ordinances, Chapter 94, Article III, Section 61

10.4 For future individual utility service, lines which originate in a public road right of way and extend to any building or structure constructed after a certain date (including residential, commercial, or industrial) are installed underground.

Example: Southlake Code of Ordinances, Subdivision Ordinance, Article VIII, Section 8.05 A(1)

10.5 Once utility service lines have been installed underground, the installation of new above-ground lines in that location is prohibited by ordinance.

Example: Fairview Code of Ordinances, Chapter 3, Article 3.16, Division 1, Section 3.16.036 (g)

10.6 On side streets with above-ground utility services which intersect with a roadway with underground utility lines, the first pole supporting the above ground service is placed on such side street at least 100 feet from the center of the roadway with the underground utilities.

Example: Fairview Code of Ordinances, Chapter 3, Article 3.16, Division 1, Section 3.16.036 (g)

10.7 Please describe your enforcement program: a) methods, b) budget and c) number of FTEs or their equivalent.

Example: For this criterion, ordinances do not often describe budget and enforcement; if they do, it is not in great detail. Therefore, to answer this criterion, please describe the enforcement program in a paragraph or two and attach it to a budget that shows how the enforcement program’s directives and employees are funded.

Section 11 Dumpster screening

11.1 The dumpster area is screened on three sides using material consisting of stone, brick, block, wood or a continuous planting of evergreens.

Example: Westlake Code of Ordinances, Chapter 98, Division 2, Section 109 (d)

11.2 The opening for removal of the dumpster for collection is a minimum of 12 feet to allow for proper access when it is serviced. For every dumpster added, an additional 10 feet in width is required.

Example: Dripping Springs: 28.06.055[c]

11.3 All dumpster enclosures are approved by the city prior to construction.

Example: Lakeway: Sec. 20.02.009(a)

11.4 Require that durable materials complement the building.

Example: Belton: p. 60, III.G.2.a.i.

11.5 Require that the owner incorporate landscaping to make the screen more effective.

Example:

11.6 Require that location of the opening to the area is away from the sidewalk.

Example: Plano Zoning Ordinance, Article 3, Section 3.1004 3

11.7 Please describe your enforcement program: a) methods, b) budget and c) number of FTEs or their equivalent.

Example: City ordinances do not often describe budget and enforcement; if they do, it is not in great detail. Therefore, to respond to this criterion, please provide an ordinance describing enforcement methods and attach a budget and/or position description that shows how the enforcement program and employees are funded.


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