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Last Update: Monday, 19 June, 2017

On This Page: Landscaping Documents and Regulations: HOA, Texas State, Roanoke City

Xeriscaping, Landscaping We Like, Neighbor's Yards, Irrigation System, Planning

This page in .pdf.

• HOA Documents and Regulations

[• HomeOwners Resources and Documents >

HOA Governing Documents and Notes]

 Survey Platt in .pdf

Declaration of Covenants, Conditions & Restrictions CC&R

Yard specific and Article 6 and Article 7in pdf

ARTICLE 6 - ARCHITECTURAL COVENANTS & USE

RESTRICTIONS FOR IMPROVED LOTS

ARTICLE 7 ASSOCIATION OPERATIONS

 Specifications Manual

• Article 1.1.1. "Neighborhood Standard" is an evolving flexible

measure of the use and appearance of the Property as a pleasant

and visually harmonious residential neighborhood. It requires

compatibility, but not uniformity - harmony, but not sameness.

The neighborhood standard is expected to change over time as

materials, technologies, tastes, lifestyles, and values change. Even

though a neighborhood standard may be difficult to articulate, a

violation of the neighborhood standard should be easy to identify

as something unattractive, inappropriate, or otherwise unsuitable

for the Property from the perspective of a reasonable person,

taking into consideration prevailing public policy and community

sensibilities. "Neighborhood standard" applies because - as a

practical matter - the specifications and restrictions contained

herein can not anticipate or dictate every possible improvement

or use of a lot.

• Chapter D LANDSCAPE SPECIFICATIONS

• D.1 Every improved lot must continue to meet the

minimum landscape requirements,

except as 

• modified by the ARC for the Property over time, or 

• on a lot-by-lot basis, or 

• to encourage xeriscaping.

• D.2. RULE OF REASONABLENESS.

The overall purpose of this Chapter is not to achieve landscape

perfection. Instead, the purpose is for the Property to maintain

an overall appearance that is likely to be attractive to most

residents and to a typical prospective homebuyer.

Accordingly, substantial compliance for the Property as a whole

is the overarching goal of these Landscape Specifications.

Although every owner should aspire for the yards on the lot to

be fully compliant at all times with this Chapter's requirements,

temporary lapses in an owner's maintenance may be tolerated

by the Association from time to time, provided the lapse is

infrequent and short-lived.

In interpreting and enforcing the requirements of this Chapter,

the board and the ARC must apply the rule of reasonableness

to balance environmental conditions, the owner's

circumstances, the collective interests of the Association's

members, the effect of the perceived violation, and the

inherently subjective elements of many of this Chapter's

requirements. Many aspects of landscaping, such as severe

or changing weather conditions, are outside the control of mere

mortals, and may require accommodations that are not

contemplated by this Chapter. Changes in public policy and

consumer preferences may also affect the assessment of

a perceived violation.

D.3 Energy Conservation. Some of the Statutory-Based

Rules and Regs in another chapter of this Specifications

Manual pertain to landscaping, xeriscaping, composting,

and irrigation.

In event of conflict between a Statutory-Based Rule and

a provision of this Chapter, the Statutory-Based Rule controls.

[Texas Property Code > TITLE 11. Restrictive Covenants >

CHAPTER 202. Construction And Enforcement Of

Restrictive Covenants]

D.4. TURF. All unfenced street-facing yards must be solidly sodded,

except where devoted to trees, shrubs, and bedding plants, unless

other material is approved by the ARC for a specific location. I f any

portion of front or unfenced side yards facing a street is not covered

with turf or otherwise landscaped, turf must be installed or re-

installed within 60 days after the end of an event that causes

removal, destruction, or demise of the turf or other landscape

material, or as soon thereafter as conditions permit.

This Section may not be construed to prevent the ARC from

approving non-plant material.

D.5. TREES. The front yard of every house must have at least two

trees, each with a base diameter (when planted) of at least 3

inches. For houses on corner lots, the minimum requirement

is three such trees.

• D.6. SHRUBS. For this Section, accent plants and ornamental

grasses may be considered as "shrubs" if they meet the height

and size requirements. The front yard of every house should have

a mix of shrubs of differing heights and textures to create an

attractive "landscaped" appearance for the home...

For a xeriscaped yard, subject to a landscape plan approved by the

ARC, plants such as cacti and yuccas may be substituted

for shrubs.

At a minimum, each front yard must have at least the following

shrubs:

• One shrub that will be at least 4 feet tall at maturity (a tree

may be substituted for this shrub).

• Fourteen 3-to-5 gallon shrubs - of at least two types - that will

be at least 30 inches tall at maturity.

• Eight 1-gallon shrubs that will be at least 18 inches tall

at maturity.

• D.7. YARD MAINTENANCE. Each owner, at the owner's expense,

must regularly maintain the yards on his lot at a level, to a standard,

and with an appearance that is commensurate with the

neighborhood...

• D.7.1. Mowing & Edging. Lawns must be mowed at regular

intervals to maintain an average height of 3 to 5 inches.

Nothing growing in a turf area may exceed 6 inches in

height. Sidewalks, driveways, and street curbs must be edged

at regular intervals.

• Chapter G

Schedule C XERISCAPING And COMPOSTING REGULATIONS

Page G / C1 of 2

• C.1. XERISCAPING REGULATIONS. In the era in which these

Regulations are drafted, xeriscaping is a relatively new concept.

If the Property was not originally developed on a xeriscaping model,

it may be difficult for some people to imagine how traditionally

landscaped yards can co-exist with xeriscaped yards.

They may imagine moonscapes and weed gardens next to lush

green carefully groomed yards.

These Regulations are based partly on

State laws of recent origin (Texas Prop Code Sec. 202.007)

that attempt to manage the transition from water-rich landscaping

to xeriscaping. [See below.]

• C.1.1. Change of Direction. If consistent with public policy,

the Association may encourage or require the use of water

conservation landscape design, plant material, and irrigation

for lots as well as common areas. After Sell-Out, and from

time to time thereafter, the Association may adopt a new

landscape plan for some or all common areas. The following

Regulations pertain primarily to an owner's use of xeriscaping

on the owner's lot.

• C.1.2. Maintenance. To the extent the Association regulates

yard and landscape maintenance on lots,

any landscape maintenance requirements adopted for lots

or enforced by the Association or by the ARC may not

restrict or prohibit natural turf or landscape design that

promotes water conservation, subject to the limitations

permitted by applicable State law.

• C.1.4. Turf & Plants.

An owner may install and maintain drought-resistant

landscaping or water-conserving natural turf on any

portion of the lot

that is maintained by the owner (not the Association), subject to

the following conditions.

If the Association has published xeriscaping guidelines, the

owner is not required to apply for ARC approval for

installations that comply with the guidelines.

Otherwise, the owner must submit landscape plans or

descriptions that are sufficiently detailed to permit the ARC to

determine if the proposed xeriscaping is aesthetically

compatible with the Neighborhood Standard for landscaping.

The ARC's determination of aesthetic compatibility must be

reasonable.

• C1.5 Rock

• Texas State Law

• Texas Property Code. Section 202.007

• format Tx.State.US website

• format .pdf with highlights

Section 202.007 Sec. 202.007. [SB198 amended]

CERTAIN RESTRICTIVE COVENANTS PROHIBITED.

(a)  A property owners' association may not include or enforce

a provision in a dedicatory instrument that prohibits or restricts

a property owner from:

(4) using drought-resistant landscaping or water-

conserving natural turf.

(c)  A property owners' association may restrict the type of turf

used by a property owner in the planting of new turf to encourage

or require water-conserving turf.

(d) This section does not:

(5)  restrict a property owners' association from regulating

yard and landscape maintenance if the restrictions or

requirements do not restrict or prohibit turf or landscaping

design that promotes water conservation;

8)  prohibit a property owners' association from requiring

an owner to submit a detailed description or a plan for the

installation of drought-resistant landscaping or

water-conserving natural turf for review and approval by

the property owners' association to ensure, to the extent

practicable, maximum aesthetic compatibility with other

landscaping in the subdivision.

(d-1)  A property owners' association may not unreasonably deny or

withhold approval of a proposed installation of drought-resistant

landscaping or water-conserving natural turf under Subsection

(d)(8) or unreasonably determine that the proposed installation is

aesthetically incompatible with other landscaping in the subdivision.

2013 Legislature, Senate Bill 198 modifies Section 202.007 of the

Texas Property Code.

SECTION 1.  Section 202.007, Property Code, is amended by

amending Subsections (a) and (d) and adding Subsection (d-1)

[amended version above]

Legal Analysis in .pdf

Legal opinions, HOA Management opinions

and articles on xeriscaping laws

• Fort Worth Water Fort Worth Water Dept

Drought Contingency & Emergency Water Management Plan for Retail

and Wholesale Water Customers

[NOTE: Roanoke, who supplies water to Highlands Glen, is a wholesale

water customer of Fort Worth.]

• All users are encouraged to use native and adapted drought

tolerant plants in landscaping.

• [NOTE: All three (3) Drought and Emergency Response Stages of

the Fort Worth Water System have the following exception from the

water use restrictions.]

Exceptions:

• Watering with hand-held hose, soaker hose or drip irrigation

system may occur any day and any time. (The intent of

this measure is to allow for the protection of structural

foundations, trees, and other high value landscape materials).

• Article: Developers could pay 660 percent more if Fort Worth raises

water impact fees, 14 Oct 2016Fort Worth Star Telegram, .pdf

• City of Roanoke Landscaping Regulations

Lawn & Landscape Irrigation Restrictions

Stage 1 limits outdoor watering with an irrigation system or hose-end

sprinkler to a maximum of 2 assigned days per week for all customers...

Watering by hand-held hose, drip irrigation or soaker hose is allowed

at any time. Residents are encouraged to limit such watering to a

maximum of 2 hours per day...

It's discouraged to establish new turf and a variance is

required to do so.

Sec. 12.726. - Minimum Landscaping Requirements for Single-Family

and Two Family Residential Developments

ARTICLE 11.1400 - Water Conservation and Drought Contingency

• Trophy Club > Water Conservation & Restrictions

The town has made an effort to reduce watering in several ways,

including working to follow watering restriction guidelines,

installing xeriscape landscaping in medians and using effluent

water when possible. When street construction occurs, new

medians have xeriscaped design features installed with drought

tolerant plants, decomposed granite as opposed to turf, hardscape

features such as boulders and rocks and drip irrigation systems. 

• Xeriscaping

• CALIFORNIA – The drought defense

29 Dec 2016, HOA Reform Coalition

Richard and Carole DeProspo say they wanted to curb their

outdoor water use in light of the drought, not pick a costly fight

with their homeowners association.

Beyond Blades of Grass, 16 June 2017, NYTimes .pdf

Texas Water @Texas A&M University

Texas A&M AgriLife Research & Extension Center

Denton County Master Gardener Association

Trees

Texas SmartScape

• Lady Bird Johnson Wildflower Center @ UT

Dallas Water Utilities > Water Conservation Division >

Water-Wise Landscaping

Water-Wise landscaping, also known as “Xeriscape,” is quality

landscaping that conserves water and protects the environment.

Using seven common-sense principles, you can create a lush,

beautiful landscape that saves time, money and energy and

prevents water pollution and water waste. Water-Wise

landscaping consists of the following seven principles.

• The North Texas Municipal Water District, NorthTexasWateringIQ.org

The most water-efficient way to maintain a beautiful, healthy

landscape in Texas is to xeriscape. While the word

xeriscaping may call to mind a dry, dusty desert full of rocks

and cactus, it simply means planning a landscape that

requires a minimal amount of water.

X-Rated Yards: Xeriscaping Conserves Your Energy

Using Weeds as Turf: Lawn Care Waxahachie, TX

Experts Talk about Xeriscaping, Vista Turf.com

Why you should consider a xeriphytic landscape

@ Central Texas Gardening

With Drought & HEAT Xeriscapes Should be the Next Yard Fashion,

July 2009, TexasOrganicHome.com

Water-wise landscaping tour highlights xeriscape design,

Dallas Morning News, June 2010

Xeriscaping Basics, The D, Dallas Morning News, 2005

Xeriscape Benefits, EarthEasy, Solutions for a Sustainable Lawn

• Saves Water. For most of North America, over 50% of residential

water used is applied to landscape and lawns. Xeriscape can reduce

landscape water use by 50 - 75%.

• Less Maintenance. Aside from occasional pruning and weeding,

maintenance is minimal. Watering requirements are low, and can be

met with simple irrigation systems.

• No Fertilizers or Pesticides. Using plants native to your area will

eliminate the need for chemical supplements. Sufficient nutrients are

provided by healthy organic soil.

• Improves Property Value. A good Xeriscape can raise property

values which more than offset the cost of installation. Protect your

landscaping investment by drought-proofing it.

• Pollution Free. Fossil fuel consumption from gas mowers is

minimized or eliminated with minimal turf areas. Small turf areas

can be maintained with a reel mower.

• Provides Wildlife Habitat. Use of native plants, shrubs and trees

offer a familiar and varied habitat for local wildlife.

Increases Property Values and Saves Money

and Protect the Environment

Effects of Residential Xeriscape Conversions on Property Values:

A Baseline Case Study

Andréa E Baker Environmental Studies Major College of Urban Affairs,

University of Nevada Las Vegas

The conversion of grass lawns to xeriscape has become more prevalent

in the desert Southwest, including here in the Las Vegas Valley. The

purpose of this thesis was to determine whether the conversion of

residential landscapes from grass lawn to xeriscape influences the

property value of a home. This case study involved the comparison of

property values for residential homes that had participated in the

Southern Nevada Water Authority’s Water Smart Landscapes rebate

program and non-participant homes with similar amenities before and

after the landscape conversion. The results of the analysis show that

xeriscape dose have a potentially positive impact on the sale price

of a home.

Cupertino CA Xeriscaping .pdf

• In North America, 50% of residential water used is applied

to landscape and lawns

• Xeriscape can reduce landscape water use by 50-75%

• Each square foot of turf replaced with drought-tolerant

plants saves up 55 gallons of water per year.

Colorado Water Wise “Connecting stakeholders, providing

resources, and serving as the collaborative leader in the efficient

use of urban water in Colorado.”

Xeriscape Colorado

Your landscape is an investment in your comfort and in the value of your

property. A good xeriscape will increase your property value by

as much as 15%. Xeriscape can also reduce water and

maintenance costs by up to 60%.

Santa Clara Valley Water District offers financial rebates

for xeriscaping.

• The Town of Highland Park, Texas [just north of Dallas]

Preventing Stormwater Pollution

The Engineering Department is focused on keeping our

stream banks clean and erosion-free by starting a new

program.

• 13 other activities

• Xeriscape your lawn with plants native to this region.

Water Conservation

Neighbor's Yards

Landscaping We Like

Irrigation System

• Planning

• Front  Yard Wish List

• xeriscape

• mulch, rock

• no edging or trimming

• stepping stone pathway (not square) from gate to

porch and around current mulch

• rain barrels

• (remove as much of existing plants and replace with

less maintenance plants i.e. yucca, cacti, etc.)

• Shared Side Yard Wish List

• hide the utility equipment

• side front gravel up to neighbor's gravel

• walk path from garage to side gate

• Back Yard Wish List

• edible garden / raised garden beds

• soft dog run and playground

• dog septic tank system

• no edging or trimming

• eliminate holes under fence

• rain barrel

• a little shade

• chinning equipment or "monkey bars"

• Use unwanted front plants in back or elsewhere; not to trash plants

• Wall and fence bottoms "wire" to keep out critters

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