HomeMy WebLinkAbout183591 COINANCE NO. 18, 359 0 `
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3 AN ORDINANCE AMENDING CHAPTER 15 OF LITTLE ROCK,
4 ARK. REV. CODE (1988) ENTITLED "LANDSCAPING AND TREE
5 PROTECTION "; ADDING SECTIONS TO ARTICLE I "IN
6 GENERAL "; AMENDING ARTICLE II "CITY BEAUTIFUL
7 COMMISSION" BY ADDING A SECTION CONCERNING
8 APPEALS; DELETING ARTICLES III "TREE PROTECTION" AND
9 ARTICLE IV "LANDSCAPING OF VEHICULAR USE AREAS AND
10 PUBLIC RIGHT -OF -WAY" ENTIRELY AND SUBSTITUTING
11 REPLACEMENT PROVISIONS THEREFOR; AND FOR OTHER
12 PURPOSES.
13
14 WHEREAS, Little Rock is blessed with a diversity and abundance of trees,
15 shrubs and soils. Such elements are of economic and aesthetic value to the City and
16 make it a desirable place for both residents and visitors; preservation of trees is part of
17 our heritage and a legacy to future generations; and
18 WHEREAS, the appearance of Little Rock will have a positive impact on the
19 economic prosperity of the City; and
20 WHEREAS, trees and other landscape elements help to naturally control
21 flooding and erosion by reducing run -off, binding soil and minimizing flood damage to
22 land structures; and
23 WHEREAS, trees are a valuable amenity to the urban environment and serve to
24 create greater human comfort by providing shade, cooling the air and otherwise
25 tempering the effect of summer heat, thereby reducing the requirements for air
26 conditioning and the subsequent depletion of energy resources; trees purify the air by
27 filtering pollutants and dust and other airborne pollutants and release oxygen into the
28 air; trees moderate noise pollution by absorbing sound; trees provide habitat, shelter,
29 and food for many species of natural wildlife; and
1 WHEREAS, gro� and development attracted to t•City of Little Rock often „ 7
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2 necessitates the removal of trees, shrubs, and soils, thereby contributing to their J
3 depletion; and
4 WHEREAS, it is necessary to protect and manage these valuable assets and their
5 habitat in order to protect the health, safety, and welfare of citizens in Little Rock; and
6 WHEREAS, a citizen task force composed of interested persons has met for more
7 than two years in an effort to revise the current City provisions for the protection of trees
8 and installation of landscaping under Chapter 15 of Little Rock, Ark. Rev. Code (1988);
9 and
10 WHEREAS, the task force, representatives of the real estate development
11 community, and City staff have agreed upon and drafted many new provisions for
12 enforcement of tree protection and landscaping requirements which has resulted in a
13 total redraft of Chapter 15; and
14 WHEREAS, the revised Chapter 15 was unanimously approved by the Little
15 Rock Planning Commission, and the Board of Directors desires to adopt the new
16 provisions as set forth below for the health, safety and welfare of the City.
17 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
18 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
19 SECTION 1. Article I of Chapter 15 of Little Rock, Ark. Rev. Code (1988)
20 ( "LRC ") is amended to read as follows:
21 ARTICLE I. IN GENERAL
22 Sec. 15 -1. Short Title.
23 This chapter may be cited as the "landscape ordinance."
24 Sec. 15 -2. Compliance with other ordinances.
25 This chapter is supplemental to all other ordinances. In the case of conflicting
26 requirements, however, the most restrictive shall apply. The provisions of this chapter
27 are intended to be harmonious, compatible and supportive of those included in the
28 zoning, stormwater management and applicable land development ordinances. The
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1 landscaping requiremenof this chapter shall overlay ratlthan add to landscaping-
2 specified by related ordinances. Detailed landscaping requirements are provided in this
3 chapter to further the purpose and intent of this and related ordinances.
4 Sec. 15 -3. Purpose and intent.
5 The purposes of this chapter are to:
6 (1) Heighten the quality of life and contribute to an environment
7 which serves to encourage economic and cultural
8 development.
9 (2) Encourage the creative integration of man -made and natural
10 environments, combining in a balanced design such features
I as existing topography, grading, hydrology, structures,
12 pedestrian and vehicular use areas, vegetation and views.
13 (3) Screen automobiles and vehicular use areas, dumpsters,
14 buffer conflicting land uses, and enhance the appearance of
15 the public right -of -way.
16 (4) Break up the visual continuity and mass of parking lots into
17 more attractive sub -areas and provide channelization for
18 internal traffic circulation.
19 (5) Conserve energy by providing protective barriers from wind
20 and other natural elements which would otherwise increase
21 heating and cooling cost, provide shade and preserve large
22 trees.
23 (6) Provide for opaque screening and barriers as needed.
24 (7) Encourage the proper protection and maintenance of new
25 and existing healthy and quality trees and shrubs.
26 Sec. 15 -4. Scope.
27 (a) The provisions of this ordinance shall be applicable to all properties in the City
28 of Little Rock except:
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1 1. Thooiistricts zoned agriculture anebrestry (AF) and
2 mining (M); is J g
3 2. Properties of two (2) acres or less zoned Rl, R2, R3, R4 and
4 R7A; and
5 3. Those areas of the city of Little Rock designated "Mature"
6 by the Department of Planning and Development and
7 approved by the Planning Commission and the City
8 Beautiful Commission. The city official may grant not more
9 than a twenty-five percent (25 %) reduction of these
10 provisions for developments within mature areas. A map of
11 mature areas is available at the Department of Planning and
12 Development;
13 4. Wireless communications facilities which have separate
14 landscape requirements under chapter 36 of this code.
15 (b) This chapter also applies to new and expanded developments and vehicular
16 use areas which are located in a zone or use of higher density than two - family and when
17 the existing landscaping is non - conforming. Additionally, it applies to the rehabilitation
18 of an existing structure exceeding fifty percent (50 %) of its current cost and to the
19 expansion of an existing structure exceeding ten percent (10 %) of its current floor area
20 when the existing landscaping is non - conforming and the structure is in a zone or use
21 of higher density than two - family. Based on this scope, this chapter shall apply:
22 (1) To all future vehicular use areas as they are developed.
23 (2) To any expansion or addition to existing vehicular use areas
24 or changes in the land use intensity of vehicular use areas
25 when such expansions or changes are considered by a public
26 body.
27 (c) The City may establish site guidelines which may be referred to in order to
28 clarify these regulations.
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I Sec. 15 -5 Exerions. S
2 This article shall not apply to the maintenance of overhead or underground utility
3 lines, nor does it apply to the development of subdivisions in the construction of streets,
4 curbs, gutters, storm sewers and overhead or underground utility lines. It is expected
5 that proper care and planning is used in the construction so that the maximum number
6 of trees can be preserved.
7 Sec. 15 -6. Definitions.
8 For the purpose of this chapter, certain words or terms applicable hereto are
9 defined as hereinafter provided. Words and terms used in this chapter but not defined
10 in this chapter shall have the meanings ascribed elsewhere in this code. Words used in
11 the present tense shall include the future, words used in the singular number shall
12 include the plural number and words used in the plural shall include the singular. Rules
13 of construction of terms are designated in chapter 1 of this code.
14 Buffer, hillside means a strip of land which separates large cuts or fills from
15 abutting properties, public right -of -way or from other large cuts or fills on a site. Its
16 purpose is to facilitate effective drainage and erosion control and to encourage
17 preservation of large trees of a site and reduce public view of cuts and fills.
18 Buffer, land use means a strip of land lying parallel and adjacent to a property line
19 common to a dissimilar use of a more restrictive nature. This strip shall lie parallel to the
20 property line at any point. The purpose of this buffer is to provide for visual and physical
21 separation of uses of a dissimilar nature.
22 Buffer, street means a strip of land lying parallel and adjacent to a Public street
23 right -of -way. This strip shall lie parallel to the street right -of -way line at any point. The
24 purpose of this buffer is to provide for a separation of traffic movements, both on and
25 off the site, and provide for a visual and spatial separation of certain uses and /or
26 activities from the public right -of -way.
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I Buildinglandscap & ea means the on -site landscape 4 which separates parking
2 from the building. The principle purpose of this area is to improve the appearance of the
3 building from the street and vehicular use area.
4 Calipermeans the diameter of a tree as measured twelve (12) inches above ground
5 level.
6 Canopy means the outermost spreading branch layer of a tree.
7 City olBcial means the employee of the city who is designated by the city
8 manager as having responsibility for the administration and enforcement of this chapter.
9 Critical Root Zone means the area of undisturbed natural soil around a tree
10 defined by a concentric circle with a radius equal to the distance from the trunk to the
i i outermost portion of the dripline.
12 Deciduous means the tendency of a plant to drop or lose its leaves during a
13 particular season of the year, generally during the winter months.
14 DiameteratBreastHeight(DEM means the diameter of a tree measured four and
15 one half (4.5) feet above ground level.
16 Diipline means a vertical line extending from the canopy of a tree to the ground.
17 Driveway access means an area intended to provide entrance, exit or
18 maneuvering for vehicular traffic from a public right -of -way to an off -street vehicular
19 use.
20 Earth berm means a mounding of soil volume in order to create a screen or
21 change in elevation between the use area and adjacent areas. The berm shall be
22 constructed to minimize erosion and should normally be completely covered with
23 ground cover or lawn grass.
24 Evergreen means the tendency of a plant to retain its leaves during all seasons of
25 the year.
26 Ground covermeans planting materials which reach a maximum height of not
27 more than eighteen (18) inches in height and may be used in lieu of grass. Ground cover
28 shall present a reasonably complete cover appearance within two (2) years of planting.
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I Interior landscapdW means any landscape area *in the perimeter of the
2 vehicular use area excluding the building landscape area. Its primary purpose is to break
3 up the mass of the vehicular use area and to channelize traffic circulation on the site.
4 Irrigation means an adequate supply of water which can be made available to
5 landscape plant materials.
6 Land alteration is defined in Chapter 29 of this code.
7 Landscape area means that area within the boundaries of a lot or tract of land
8 which consists of planting materials including but not limited to trees, shrubs, ground
9 covers, grass, flowers, and native plant materials; also including but not limited to
10 inorganic features such as concrete planters, stone, brick, and aggregate forms, water,
11 and other landscape elements. Inorganic elements shall not predominate over the use
12 of organic plant material. Artificial plants are not considered landscape materials.
13 Landscape and Tree Protection Plan means a document approved by the city
14 containing the landscaping, tree protection, buffers and other site requirements of a
15 particular development project. This document may be referred to as the "Landscape
16 Plan."
17 Lawn grass means all species normally grown as permanent lawns in Pulaski
18 County. Grass sod shall be required in all required planting beds and planting strips
19 where bark or other approved ground cover is not proposed. Grass sod shall be
20 reasonably free of weeds and noxious pests or disease.
21 Massing, shrubs, means three (3) or more shrubs planted within close proximity.
22 Massing, trees, means existing contiguous tree groupings with the associated
23 undergrowth.
24 Of - street parking space means a space on private land accessible from a usable
25 street or alley, not less than nine (9) feet wide and twenty (20) feet long, with the
26 necessary maneuvering room within the private property.
27 Perimeterlandscape strip means a landscaped area which separates the vehicular
28 use area from adjoining property or public right -of -way. Its purpose is to enhance the
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I visual appearance of thoe and to provide screening of • vehicular use area and r
2 certain other uses and activities from the public right -of -way and abutting properties.
3 Preserved Tree means a tree selected for preservation by the responsible party and
4 approved by the city. A tree is considered preserved if a minimum of seventy-five
5 percent (75 %) of the critical root zone is maintained at undisturbed natural grade and
6 not more than 25% of the canopy is removed.
7 Propertyline means the legal boundary between two (2) lots or parcels of land.
8 Property line shall also include property lease lines which separate independent uses or
9 activities except (1) when abutting common driveways or (2) when abutting areas
10 designed for interior circulation.
11 Protective fencing means colored fencing of vinyl or wire construction not less
12 than four (4) feet in height.
13 Remove or removal means the taking from the property or causing damage to
14 trees with DBH of six (6) inches or greater. This term shall not include responsible
15 pruning of trees.
16 Replacement trees means trees other than Preserved Trees, fifty percent (50 %) of
17 which may be a minimum of two (2) inches in caliper at planting and the balance shall
18 be three (3) inches or greater at planting.
19 Required tree means a tree other than a Preserved Tree which is included in a
20 Landscape Plan.
21 Responsibleparty means the following:
22 (1) the permit applicant who is the designated agent for
23 development related activities for purposes of obtaining all
24 required permits. The permit applicant relinquishes
25 responsibility to the construction superintendent when all
26 necessary permits have been issued by the city; or
27 (2) the construction superintendent who is that person
28 designated as the on -site agent for the project and responsible
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for Oonstruction related activities to the issuance of a
2 final certificate of occupancy; or
3 (3) the lessee or any person or entity having control of the
4 property subject to this chapter; or
5 (4) the owner, which is the person, firm, corporation or other
6 entity holding current legal title to the property. The
7 responsibility of the owner shall commence upon the date of
8 issuance of the certificate of occupancy.
9 Screening means the use of natural or man made topography, berms, fences,
10 walls, trees, shrubs, ground cover or any combination thereof which partially or
11 completely blocks the view of one area from another.
12 Screening, opaque means a man made device on, or a natural feature of, a
13 property which restricts access or visibility the purpose of which is to provide privacy,
14 separation of use, and to reduce the impact of automobile lights on an adjacent use.
15 Such screening shall be opaque in nature and prevent the passage of visible light
16 frequencies.
17 Shrubs and hedges means self supporting, woody, evergreen species and shall
18 have a minimum height of eighteen (18) inches at installation.
19 Soil means a medium in which plants will grow.
20 Stop work order means an order issued by the city official directing the parties
21 involved in an activity to cease and desist all work on the development or to cease only
22 that portion of which is not in compliance, except such remedial work necessary to bring
23 the project into compliance.
24 Street is defined in chapter 31 of this code.
25 Tree means any self - supporting woody perennial plant of two inches or more
26 DBH reaching an overall height at maturity of at least fifteen (15) feet. The canopy of
27 the mature tree shall be ten (10) feet or more above ground level with the height of the
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I canopy of the immaturOe being proportional to the cunt size of the tree. Large
2 woody shrubs shall not constitute a tree.
3 Tree, multi -trunk means a tree having three (3) or more trunks.
4 Tree topping means severe cutting back of limbs to stubs larger than three (3)
5 inches in diameter within the crown of the tree to such an extent as to remove the
6 normal canopy and disfigure the tree.
7 Undisturbed means the condition of a land area which remains in a natural state
8 including topography, trees and vegetation, except that enhancements such as additional
9 landscaping, replacement of underbrush and other treatments may be utilized within the
10 land area when approved by the city official.
11 Vebicular use area means that area of private development subject to vehicle
12 traffic, including access ways, driveways, loading and service areas used for parking,
13 maneuvering, or storage of vehicles, boats, or portable construction equipment, and all
14 land which vehicles travel over as a function of the primary use.
15 Vine means a herbaceous or semi -wood plant requiring support upon which to
16 grow. Vines are generally used to soften the effect of inorganic elements such as fences,
17 walls, and arbors, as well as to provide screening or buffering effects.
18 Wall orfence means a structure of wire, posts, boards, pickets or rails commonly
19 used to border, secure or delineate a yard, field, lot or other land area. All fences
20 intended as screening fences to fulfill a code or site plan requirement shall be opaque
21 and placed with the decorative or face side toward the subject to be protected.
22 Sec. 15 -7. Enforcement.
23 (a) Any person convicted of a violation of any of the provisions of this chapter
24 shall be punished as provided in section 1 -9 of this code.
25 (b) All property subject to the requirements of this chapter shall be developed in
26 conformance with an approved Landscape Plan. The removal or improper preservation
27 of each required tree shall be considered a separate violation. Each violation shall be
28 considered a separate offense.
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I (c) No final certit *e of occupancy shall be issue* any structure within a 6 b
2 development requiring a Landscape Plan until the city official has conducted an
3 inspection and has certified that the project is in conformance with the Landscape Plan.
4 (d) When a violation of this chapter is determined to exist the city official shall
5 issue a written notice of the violation to the responsible party. The notice shall specify
6 those sections of this chapter which are determined to be violated and shall include the
7 time and conditions under which the violation(s) shall be corrected. If the responsible
8 party has been issued other notices within the preceding twelve (12) month period the
9 notice may require the violation(s) to be corrected within 24 hours. If the city official
10 determines that the current season of the year is not conducive to sustaining life for
11 trees, the time for compliance with these provisions may be extended for not more than
12 one hundred twenty (120) days
13 (e) If the responsible party refuses to comply with the written notice of violation
14 the city official may issue a stop work order and citation and revoke or withhold the
15 issuance of all permits including the building permit and certificate of occupancy.
16 Additionally, when the city official determines that an emergency exists an order to
17 immediately cease and desist may be issued.
18 (f) The responsible party shall have a maximum of thirty (30) days to appeal the
19 issuance of the stop work order to the City Beautiful Commission. However, the appeal
20 of a stop work order shall not stay the prosecution by the city of a violation in court.
21 (g) Conflicts. Where provisions of this chapter conflict with any other ordinance,
22 regulation, or resolution of the City, the most stringent provision shall be enforced. The
23 provisions of this chapter are considered minimum requirements.
24 SECTION 2. Article II of Chapter 15 of LRC entitled "City Beautiful
25 Commission" is amended by adding a new section as follows:
26 Sec. 15-36. Appeals.
27 (a) Any person aggrieved by a decision of the city official in the administration
28 of this chapter shall have the right of appeal to the City Beautiful Commission. The City
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I Beautiful Commission so hear requests for variance from provision of this chapter � G7
2 upon written application. Following submission of a detailed development proposal the
3 commission may grant variances only when it is demonstrated by the applicant that a
4 variance will be in keeping with the purpose and intent of the provisions of this chapter.
5 The commission may impose reasonable conditions upon the granting of a variance to
6 ensure compliance and to protect surrounding property and the public interest.
7 (b) The commission shall also hear and decide appeals where it is alleged by the
8 applicant there is error in any order, requirement, decision or determination made by
9 a city official in the enforcement of this chapter.
10 (c) All applications for a hearing before the City Beautiful Commission shall be
11 accompanied by a fee in the amount of one hundred dollars ($100.00). The fee shall be
12 paid to the city collector's office for which a receipt will be issued stating the purpose of
13 the payment. The receipt shall be filed with the application as proof of payment of the
14 fee.
15 (d) The City Beautiful Commission shall have final authority except that the
16 applicant or objectors of record aggrieved by a decision of the commission have a right
17 to appeal to the City Board of Directors. The content of the appeal filing shall consist
18 of the following information delivered to the city clerk: (1) a cover letter addressed to the
19 mayor and board of directors setting forth the request; (2) a copy of the city beautiful
20 commission application indicating the action taken and properly executed by the staff.
21 This filing shall occur within thirty (30) calendar days of the action by the city beautiful
22 commission. Certified mail notice of appeal hearing shall be provided not less than ten
23 (10) days prior to the date of the hearing, and the affidavit and other supporting
24 evidence of notice shall be filed not less than five (5) days prior to the date of review.
25 This notice shall be given to all parties of record whether for or against the request. The
26 cost of this notice shall be borne by the applicant.
27 SECTION 3. Article III of Chapter of LRC entitled "Tree Protection" is
28 deleted in its entirety and the following provisions are substituted therefor:
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1 A@rICLE IIl. TREE PROTECTW ` '~
2 Sec. 15 -51. Tree cutting permit
3 (a) Except for public utilities operating within the scope of a valid franchise
4 agreement or otherwise authorized by law, it shall be unlawful to remove any tree
5 located within the public rights -of -way or other city owned property without the
6 appropriate permit. Such permit may be applied for in conjunction with the application
7 for a building permit.
8 (b) Except for public utilities operating within the scope of a valid franchise
9 agreement or as otherwise authorized by law, no permit for the cutting down and
10 removal of trees in the public rights -of -way or on city property shall be granted unless
11 the city official finds that one or more of the following conditions exist:
12 (1) The tree is less than three (3) inches in caliper;
13 (2) The tree is diseased or injured and is unlikely to survive;
14 (3) The tree is within the area of a proposed structure on the
15 property or so close as to render it dangerous to the structure
16 or unlikely to survive;
17 (4) The tree is not one of the following species:
18 BOTANICAL. NAME COMMON NAME
19 Ginkgo biloba Ginkgo
20 Liriodendron - tulipifera Tulip poplar
21 Quercus- related species Oak
22 Magnolia grandiflora Magnolia
23 Koelreuteria paniculata Golden rain tree
24 Liquidamber stryaciflua Sweet gum
25 Acer- related species Maple
26 Caryaovata Hickory
27 Ilex Opaca and related clops American holly
28 Plantanus occidentalis American sycamore
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I eltis 4§identalis Wrthern hackberry
2 Fraxinus americana Ash
3 U1mus americana American elm
4 (5) It is necessary that the tree be removed to protect existing or
5 proposed public facilities.
6 (6) The area is within a driveway designated on an approved site plan.
7 (7) The area is included within an approved grading plan.
8 (c) No permit to cut down a flowering tree included in the list below regardless
9 of size shall be granted unless the city official finds that facts exist as described in
10 paragraphs (b)(2), (3), (5), (6) or (7) above. Flowering trees most commonly found in
11 this city include:
12
BOTANICAL NAME
COMMON NAME
13
Cercis canadensis
Red bud
14
Comus florida
Dogwood
15
Comus florida rubra
Pink dogwood
16
Malva hopa
Flowering crab
17
Magnolia soulangeana nigra
Japanese magnolia
18
Lagerstronemia indica
Crepe myrtle
19
Primus kwazan
Flowering cherry
20
Prunus newport
Purple lead plum
21
(d) Any tree removed from the areas described in this section shall be replaced
22
with a tree meeting the specifications of article IV
of this chapter during the next
23
planting season and not later than November 30 after the tree is removed.
24
(e) No tree growing near a sidewalk shall
be removed solely because of
25
interference with the sidewalk unless the city official finds that the sidewalk cannot
26
reasonably be constructed without removal of the tree.
It is the intent of this section that
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sidewalks be reconstructed around trees and that trees are not be removed solely to
28
facilitate construction of sidewalks.
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I Sec. 15 -52. PresWation, Protection and Plantino
2 (a) There is no requirement under this chapter to preserve trees other than within!
3 a land use buffer. However, the responsible party may select certain trees to be preserved
4 elsewhere on the site.
5 (b) Trees selected for preservation or planted shall have the area within the
6 dripline fenced with protective fencing and protected from development activities in
7 accordance with the design standards contained within this chapter. For each existing
8 tree preserved and incorporated into the landscape design, the following credits shall be
9 applied to the minimum tree requirements:
10 (1) Preserved Tree DBH Credits toward
11 6 — 12 inches 2 required trees
12 13 —18 inches 3 required trees
13 19 —24 inches 4 required trees
14 above 25 inches 5 required trees
15 (c) Continuous Maintenance. Once a Landscape Plan has been approved the
16 plan shall remain on file with the city and the site shall be maintained in conformance
17 with the Landscape Plan. Any landscaping materials or preserved or required trees that
18 die shall be replaced one for one by the responsible party unless additional trees are
19 required to be planted to meet the spacing requirements of this chapter in effect on the
20 date of the most recent approved Landscape Plan. Trees that are destroyed or removed
21 by act or consent of the responsible party shall be replaced in accordance with the tree
22 credits set forth in this section. Replacement shall occur as soon as reasonably possible
23 in accordance with the approved Landscape Plan and good horticultural practices.
24 (d) Plant material used for compliance with the provisions of this chapter shall
25 conform to the "American Standards for Nursery Stock, 1-73", Grade No. 1, American
26 Association of Nurserymen, Inc., or equivalent. This ordinance specifically prohibits
27 the use of artificial plants or trees in landscaping to satisfy the requirements of this
28 chapter.
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I (e) Within land uOlffers, a minimum of seventy punt (70 %) of the land area
2 shall be undisturbed.
3
(f) Land alteration work shall be properly supervised in accordance with chapter
4
29 of this code.
5
(g) Prohibited Activities. It shall be unlawful to allow any of the following
6
activities to occur
in protected trees or groups of trees or any area designated
7
"Undisturbed" or
"Preserved" on the Landscape Plan:
8
(1)
Material storage. No storage of any kind is permitted within
9
the critical root zone, including but not limited to,
10
construction materials, waste storage, and excess materials
11
from excavation;
12
(2)
Equipment cleaning and liquid disposal. Equipment shall
13
not be cleaned nor liquids, including but not limited to,
14
paint, oil, solvents, asphalt, concrete, mortar, etc., shall be
15
deposited or allowed to flow within the limits of the critical
16
root zone;
17
(3)
Tree attachments. No signs, wires, or other attachments
18
shall be attached;
19
(4)
Vehicular traffic. No vehicular or construction equipment
20
traffic or parking shall be permitted within the critical root
21
zone other than on an existing street pavement except as
22
provided for buffers in Chapter 36 of this code.
23
(5)
Grade changes. No grade changes shall be permitted within
24
the limits of the critical root zone unless adequate
25
construction meihods are approved by the city official;
26
(6)
Impervious paving. No paving with asphalt, concrete or
27
other impervious materials in a manner which may
28
reasonably be expected to kill a tree shall be placed within
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1 the lots of the critical root zone, excoas provided for in
2 chapter 36 of this code.
3 (h) Tree Protection Measures. Tree protection measures shall be in place prior
4 to the arrival of any heavy equipment on the site or the beginning of any construction
5 including land alteration except as necessary to install tree protection. Such measures
6 shall remain in place until commencement of final landscaping and shall include:
7 (1) Flagging with brightly colored vinyl tape wrapped around
8 the main trunk at a height of four (4) feet or more such that
9 the tape is clearly visible to workers on foot or operating
10 equipment; and
11 (2) Protective fencing located at the critical root zone.
12 Sec. 15 -53. Tree Pruning.
13 (a) Required Pruning. The owners of all trees adjacent to public roadways shall
14 be required to maintain a. minimum clearance of fourteen (14) feet above the public
15 street and eight (8) feet above sidewalks. Owners shall also prune and maintain trees so
16 that they do not interfere with traffic signals or signs, street lighting, or roadway line of
17 sight requirements. Owners shall remove all dead, diseased or dangerous trees, and
18 broken or decayed limbs. Pruning shall be done in accordance within accepted
19 standards that maintain both the appearance and health of the tree. "Tree topping" is
20 specifically prohibited by this ordinance except as otherwise provided in this code.
21 Crape Myrtles shall not be trimmed lower than six (6) feet in height above grade.
22 (b) Construction Pruning. In a case where a low hanging limb may be broken
23 during construction, the limb may be cut. In no instance shall the pruning involve a
24 portion of the trunk or more than twenty-five percent (25 %) of the canopy.
25 Sec. 15 -54. Standards for Preserved Trees.
26 The city official may visit each site over two (2) acres in size and review
27 photographs of each site two (2) acres or less in size for which there is a plan in order
28 to verify that the trees to be preserved pursuant to the plan are of sufficient size, quantity
[171
I and quality to warrant po-rvation. Trees that do not want preservation shall not
2 qualify as Preserved Trees as determined by the city official 'I
3 SECTION 4. Article IV of Chapter 15 of LRC is hereby deleted in its entirety and
4 the following provisions are substituted therefor:
5 ARTICLE IV. LANDSCAPING OF VEHICULAR USE AREAS
6 AND PUBLIC RIGHTS -OF -WAY
7 DIVISION I. GENERAL PROVISIONS
8 Sec. 15 -81. Permit requirements; Landscape Plan.
9 (a) Landscape permit. A landscape permit shall be obtained from the city before
10 constructing or expanding a vehicular use area and before expanding or rehabilitating
11 a building and landscaping is required under this chapter.
12 (b) Landscape plan. Before a landscape permit is issued the applicant shall submit
13 the required number of copies of a Landscape Plan to the city. When the vehicular use
14 area is accessory to a building or structure, the landscape plan should be submitted
15 concurrently with the building and site plans of the proposed structure. The Landscape
16 Plan may be shown on the building site plan and need not be a separate drawing.
17 However, development of two (2) acres or more requires the Landscape Plan be affixed
18 with the seal of a registered Landscape Architect.
19 (c) The Landscape Plan shall provide at a minimum the following information:
20 (1) Names, addresses and telephone numbers of all responsible
21 parties;
22 (2) A separate document showing all dimensions, property lines
23 and lease lines;
24 (3) North arrow, scale and date of preparation;
25 (d) In addition, the city official may require any or all of the following
26 information:
27 (1) The location, species and size of all existing trees six (6)
28 inches or more DBH to be designated Preserved Trees and
[181
I
the Dine of all tree masses and *b masses to be
2
preserved including corresponding critical root zones and
3
areas being preserved. The tree credit chart for each
4
preserved tree as described in section 15-
5
(2)
Significant water flows, rock outcroppings, etc. occurring in
6
nature.
7
(3)
The location of all proposed plant materials and the common
8
and botanical names, together with the quantity, spacing and
9
size of all plant materials;
10
(4)
Tree fencing and other methods of protection during
11
construction;
12
(5)
Extent of irrigation or water sources;
13
(6)
Phasing lines if development is to be constructed in phases;
14
(7)
Existing and proposed structures, mechanicals, parking
15
spaces, driveways, sidewalks, dumpster locations and
16
screening, wheel stops and curbing or other vehicular use
17
controls;
18
(8)
Existing and proposed utility easements and whether the
19
utilities will be above ground or below ground, fire hydrants,
20
and storm sewers (this would include those in the adjacent
21
right -of -way);
22
(9)
The location of cuts or fills, drainage, wet or dry detention
23
basins;
24
(10)
Planting specifications including soil reparation, staking and
25
necessary measures to ensure plants thrive;
26
(11)
A graphic elevation illustration of proposed opaque
27
screening;
[19]
f "1
1 (12) Proc *es and methods to be followed &ceming slopes or ` s
2 cuts and associated trees within hillside benches;
3 (13) Submittal of evidence of review and approval of
4 requirements stipulated in Chapter 29;
5 (14) Description of existing soil types, vegetation and other
6 landscape considerations;
7 (15) An overlay identifying the outline of existing Tree Masses
8 and the predominate tree species, the average DBH and
9 condition of the trees in each mass that are to be preserved;
10 (16) Identification of trees, vegetation and soils that are to be
11 protected or removed;
12 (17) All buffer areas;
13 (18) A statement indicating timetable for commencing and
14 completing work.
15 Sec. 15 -82. Surety for deferred improvements.
16 (a) Upon request of the responsible party the city official may issue a temporary
17 certificate of occupancy prior to completion of the Landscape Plan. In such case a final
18 certificate of occupancy shall not be issued until the city official certifies completion of
19 the requirements of the Landscape Plan.
20 (b) When the city official determines that the current season of the year is not
21 conducive to sustaining life or trees and plants required hereunder, compliance with
22 these provisions may be deferred for not more than one (1) year. Either cash, surety
23 bond or letter of credit in favor of the City (collectively referred to as "surety") in an
24 amount equal to the estimated cost of the deferred improvements shall be provided to
25 the City by the responsible party. The responsible party may choose the form of the
26 surety. A temporary certificate of occupancy may be issued conditioned upon such
27 provision.
28
[201
1 (c) Estimates of thost of deferred improvements sh *e prepared by the project
2 architect or engineer, or by a landscape architect or landscape contractor. Such estimate
3 shall include an additional fee as determined by the city official not to exceed five
4 hundred dollars ($500) to cover the administrative expenses of the City in the event of
5 forfeiture of the surety.
6 (d) Failure to complete the deferred improvements within the one (1) year deferral
7 shall effect an automatic forfeiture of the surety. A forfeiture shall not relieve the
8 responsible party of payment of any excess expenses required to complete the approved
9 Landscape Plan.
10 (e) At the option of the city official the forfeited surety shall be used by the City
11 or by the responsible party to complete the Landscape Plan.
12 (f) The forfeiture may be deferred for not more than two (2) years if it is
13 determined by the city official that such delay is excusable or justified. It is incumbent
14 upon the responsible party to demonstrate sufficient reason for this deferral.
15 (g) Only one two (2) year extension shall be permitted by the city official.
16 Extended deferrals may be granted by the city beautiful commission.
17 Sec. 15-83. Maintenance.
18 (a) All property subject to the requirements of this chapter shall be maintained
19 by regular weeding, irrigating, fertilizing, mowing, and pruning of the plant materials,
20 all in conformance with good horticultural practices.
21 (b) Plant materials which are installed or preserved within private property and
22 within the adjacent public right -of -way which exhibit evidence of pest infestation,
23 disease or damage shall be appropriately treated and replaced as determined by the city
24 official.
25 (c) The neglect or refusal to maintain as described in this section, after ten (10)
26 days written notice by the city, shall be considered a violation.
27 (d) Trees contained in an approved Landscape Plan that have been removed or
28 which die shall be replaced in accordance with sec. 15 -52 of this chapter.
[21
1 Sec. 15 -84. TreeWiper Requirements
2 (a) Developments with fewer than one hundred fifty (150) parking spaces shall
3 have:
4 (1) Single trunk trees with a minimum caliper of two (2) inches
5 measured twelve (12) inches above grade at planting; or
6 (2) Multi -trunk trees with a minimum of three (3) canes with a
7 minimum caliper of one (1) inch each measured twelve (12)
g inches above grade at planting.
9 (b) Developments with one hundred fifty (150) or more parking spaces shall
10 have:
11 (1) Single trunk trees with a minimum caliper of three (3) inches
12 measured twelve (12) inches above grade at planting to
13 satisfy fifty percent (50 %) of the requirement. The remaining
14 minimum caliper requirement may be reduced to two (2)
15 inches measured twelve (12) inches above grade at planting.
16 (2) Multi -trunk trees shall have three (3) trunks or canes with a
17 minimum caliper of one and one -half (1 '' /z) inch measured
18 twelve (12) inches above grade at planting to satisfy fifty
19 percent (50 %) of the requirement. The remaining caliper
20 requirement may have three (3) trunks or canes with a
21 minimum caliper of one (1) inch measured twelve (12) inches
22 above grade at planting.
23 Sec. 15 -85. Remodeling and expansion projects.
24 (a) All vehicular use areas which were in existence prior to the effective date of
25 this ordinance may continue as nonconforming until such time a building permit is
26 issued to rehabilitate a structure on the property exceeding fifty percent (50 %) of the
27 current replacement cost of the structure. At such time fifty percent (50 %) of the existing
[221
I vehicular use area shall L#ought into compliance with thioapter and shall continue U
2 to full compliance on a graduated scale based upon the percentage of rehabilitation cost.
3 (b) Additionally, all vehicular use areas which were in existence prior to the
4 effective date of this ordinance may continue as nonconforming until such time as a
5 building permit is granted to enlarge or reconstruct a structure on the property exceeding
6 ten percent (10 %) of the existing gross floor area. At such time ten percent (10 %)of the
7 existing vehicular use area shall be brought into compliance with this chapter and shall
8 continue to full compliance on a graduated scale.
9 (c) The city official may waive not more than twenty-five percent (25 %) of the
10 requirements of this section when it is demonstrated by the responsible party that
11 compliance with this section will create an undue hardship.
12 DIVISION 2. PLANT MATERIAL SELECTION REQUIREMENTS
13 Sec. 15-86. Generally.
14 Plant material used for compliance with the provisions of this article shall
15 conform to the "American Standards for Nursery Stock, 1 -73," Grade No. 1, American
16 Association of Nurserymen, Inc., or equivalent. Plant material which may be installed
17 in vehicular use areas are defined and should be selected from applicable lists. It is the
18 intent of this division to be flexible; thus the responsible party may select plants not
19 listed in this division for landscaping vehicular use areas other than the public rights -of-
20 way as long as the substitute plants can withstand harsh weather conditions, comply
21 with all other provisions of this chapter, and are approved by the city official.
22 Sec. 15 -87. Tree species.
23 (a) Recommended list. The following list of trees represents those which have
24 been found to be best suited to this area and require the least amount of maintenance.
25 The following list of trees is recommended for planting in the required landscaped area.
26 (b) Street & parking lot (may also be used as interior plantings):
27 BOTANICAL NAME COMMON NAME
28 (1) Deciduous — Large (average height 60'X 40' width)
[231
[241
I
Celtoevigata
Suga*ckberry
2
Fagus grandifolia
American Beech
3
Fraxinus pennsyvanica
Green Ash
4
Liriodendron tulipfera
Tulip Poplar Tree
5
Magnolia acuminata
Cucumber Magnolia
6
Platanus occidentalis
Sycamore
7
Quercus acutissima
Sawtooth Oak
g
Quercus alba
White Oak
9
Quercus falcata
Southern Red Oak
10
Quercus michauxii
Swamp Chestnut Oak
11
Quercus nigra
Water Oak
12
Quercus nuttallii
Nuttall Oak
13
Quercus palustris
Pin Oak
14
Quercus phellos.
Willow Oak
15
Quercus shumardii
Shumard Oak
16
(2) Deciduous — Medium Trees
(average height 40' X 30' width)
17
Ace rubrum `Dnimmondii'
Swamp Red Maple
18
Ace rubrum `Red Sunset'
Red Sunset Maple
19
Betula nigra
River Birch
20
Ginkgo biloba
Ginkgo (male)
21
Koelreuteria paniculata
Golden Rain Tree
22
Pistacia chinensis
Pistachio
23
Taxodoum distichum
Cypress
24
Ulmus parvifolia
Chinese Elm
25
(3) Trees to be planted under
utility lines shall be selected from the
26
following species:
27
Deciduous — Small Trees (average height 20' X 15' width)
28
Ace palmatum ,
Japanese Maple
[241
I
Cerc0anandensis
Redb*
2
Cercis chinensis
Chinese Redbud
3
Cornus florida
Flowering Dogwood
4
Crataegus marshallii
Parsley Hawthorn
5
Crataegus opaca
Mayhaw
6
Crataegus viridis
Green Hawthorn
7
Ilex decidua
Deciduous Holly
8
Lagerstroemia indica
Crape Myrtle
9
Magnolia soulangiana
Oriental Magnolia
10
(4)
Evergreen — Large Trees (average height 60' X 30' width)
11
Magnolia grandiflora
Southern Magnolia
12
Pinus taeda
Loblolly Pine
13
Xcupressocyparis leylandii
Leyland Cypress
14
(5)
Evergreen - Medium Trees (average height 40' X 30' width)
15
Ilex opaca
American Holly
16
uniperus virginiana
Eastern Red Cedar
17
Magnolia virginiana
Sweet Bay Magnolia
18
Xcupressocyparis leylandii
Leyland Cypress
19
(6)
Evergreen - Small Trees (average height 20' X 15' width)
20
Camellia japonica
Camellia
21
Camellia sasanqua
Sasanqua Camellia
22
Ilex attenuate `Fosteri'
Foster's Holly
23
Ilex comuta `Burfordii'
Burford Chinese Holly
24
Ilex vomitoria
Yaupon Holly
25
Juniperus virginiana `Canaertii' Canaert Red Cedar
26
Juniperus virginiana `Glauca'
Silver Red Cedar
27
(c) Trees for terraces on hillside cuts:
28
(1)
Large (average height 60' X 40'
width)
[251
133.E
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
way.
Celtoevigata
Sugalckberry
Pinus taeda
Loblolly Pine
Xcupressocyparis leylandii
Leyland Cypress
(2) Medium (average height 40' X
30' width)
Koelreuteria paniculata
Golden Rain Tree
(d) Shrubs for terraces on hillside cuts:
Baccharis halimifolia
Groundsel Bush
Elaeagnuspungens
Elaeagnus
Forsythia intermedia
Forsythia
Ilex cornuta `Burfordii Nana'
Dwarf Buford Holly
Lagerstroemia indica
Crape Myrtle
Myrica cerifera
Southern Wax Myrtle
Nandina domestics
Nandina
(e) Ground covers for terraces on hillside cuts:
Gelsemium sempervirens
Carolina Yellow Jessamine
Lonicera japonica
Wild Honeysuckle
(1) Vines
(2) Hydroseed Mix:
Cynodon dactylon
Bermuda Grass
Eragrostis curvula
Weeping Love Grass
Festuca arundinacea
Kentucky 31 Fescue
.w
Sec. 15 -88. Trees and shrubs in public rights -of -way.
All tree and shrub species listed in this division may be used in the public right -of-
Sec. 15 -89. Shrub species.
[261
(a) Recommende*st. The following list of shrubs* those which have been
2 ound to be best suited to this area and require the least amount of maintenance. This list 884
3 include those shrubs which may be planted in the required landscaping area.
4
BOTANICAL NAME
COMMON NAME
5
Evergreen — Shrubs
6
Ilex cornuta Burfordii'
Burford Chinese Holly
7
Ilex cornuta `Rotunda'
Dwarf Rotunda Holly
8
Ilex crenata `Compacta'
Dwarf Japanese Holly
9
Ilex vomitoria `Nana'
Dwarf Yaupon
10
Jasminum mesnyi
Primrose Jasmine
11
Nandina domestica
Nandina
12
Ternstroemia gymnanthera
Cleyera
13 Sec. 15-90. Grasses.
14 The following grasses are commonly installed adjacent to vehicular use areas and
15 may be used to satisfy the requirements of this chapter:
16 Mayer Z -52 — Zoysia
17 Emerald zoysia
18 Bermuda grass
19 Bermuda grass hybrids
20 Centipede
21 St. Augustine
22 Sec. 15 -91. Ground cover.
23 (a) Recommended list. The following list of ground covers are those which have
24 been found to be best suited to this area and require the least amount-of maintenance.
25 This list includes other species of ground cover which may be planted in the required
26 landscaped area.
27 BOTANICAL NAME COMMON NAME
28 Euonymus fortunei `Radicans' Spreading Euonymus
[271
I
Gelsoum sempervirens
Carol Jessamine (Hillside)
2
Hedera helix
English Ivy
Res
3
Juniperus species
Junipers
4
Liriope muscari
Liriope
5
Lonicera sempervirens
Honeysuckle (Hillside)
6
Nandina domestica `Harbour Dwarf Dwarf Nandina
7
Ophiopogon japonicus
Mondo Grass
8
Vinca minor
Periwinkle
9
Trachelospermum asiaticum
Asian Jasmine
10
Sec. 15 -92. Earth berms.
11
Earth berms shall be protected from erosion with suitable plant material, ground
12 cover or grass
13 Sec. 15 -93. Height of tree trunks.
14 Tree trunk limbs at maturity shall be a minimum of eight (8) feet above ground.
15 Sec. 15 -94. General site development.
16 Landscaping treatment should be fully integrated into the overall site
17 development, first taking into account requirements for grading, drainage, stormwater
18 detention, buffers, utilities, buildings and retention of existing trees.
19 Sec. 15 -95. Screening requirements.
20 The grading and landscaping of a site shall be accomplished in such a way as to
21 visually screen the vehicular use area and certain other activities external to buildings
22 on the site from the street and adjacent more restrictive land uses subject to vehicle sight
23 distance requirements of chapter 30 of this code. The use of berms is encouraged in all
24 Landscape Plans. Existing and planted vegetation, berms, fences, walls and other
25 landscaping devices may be used to achieve the required screening in accordance with
26 the following minimum standards which may be exceeded at the ,option of the
27 responsible party:
[28]
1 (1) Abueg properties. Where developrot which requires
2 screening abuts land use of a more restrictive nature at least 8
3 eighty percent (80 %) of the view of the vehicular use area
4 and parked vehicles shall be screened so as to not be visible
5 when viewed from the adjacent property. A wooden fence
6 may satisfy sixty-five percent (65 %) of the requirement and
7 evergreen trees may be used to satisfy the balance.
8 (2) Special screening. Dumpsters, loading docks, heating and air
9 conditioning units, external storage of materials,
10 communications equipment and similar outside activities
11
and appurtenances shall be screened from abutting properties
12
and streets. Special screening of dumpsters within industrial
13
sites is not required. The screen shall exceed the height of the
14
dumpster or trash containment areas by at least two (2) feet
15
not to exceed eight (8) feet total height.
16
(3) Plant growth. In determining the extent of screening to be
17
provided, consideration shall be given to normal growth
18
characteristics associated with each type of plant material
19
used. Screening standards shall be satisfied based on the
20
following plant conditions: (1) the size of each plant at
21
installation (2) the size of each plant three (3) years after the
22
Landscape Plan is completed and (3) the size of each plant at
23
maturity.
24
(4) Species and spacing requirements. Screening standards are
25
intended to apply during all seasons of the year. A minimum
26
of fifty percent (50 %) of the trees and a minimum of
27
seventy-five percent (75 %) of the shrubs to be used for
28
screening purposes shall be evergreen varieties. Maximum
[29]
I spaces of fifteen (15) feet for trees L40 three (3) feet for
2 shrubs should normally be utilized in order to provide 8
3 continuous full screening of the view.
4 (5) Small sites. For sites two (2) acres or less in size screening
5 standards may at the option of the responsible party be
6 simplified as follows:
7 — (a If the site is generally not less than two (2) feet below
8 the adjacent street or property grade, screening shall
9 be sufficient if there is a continuous opaque barrier,
10 earthen berm or shrubbery thirty (30) inches or more
11 in height above the related perimeter landscaping
12 strip. Normally. shrubs should be spaced three (3) feet
13 apart to achieve continuous screening.
14 (b) If the site is two (2) feet or more below the grade of
15 the adjacent street or property, screening shall be
16 sufficient if trees are spaced at a spacing of twenty (20)
17 feet or less, on the average, along the related perimeter
18 landscaping strip.
19 (6) Security and esthetic concerns. Breaks may be incorporated
20 in the screen for esthetic or security reasons.
21 Sec. 15 -96. Perimeter planting strips.
22 (a) A perimeter planting strip is required along any side of a vehicular use area
23 that abuts adjoining property or the right -of -way of any street, highway or freeway. This
24 strip shall be at least nine (9) feet wide. The perimeter planting strip adjacent to freeways
25 or expressways shall be at least thirty (30) feet wide except within mature areas.
26 (b) One (1) tree shall be planted for every 750 sq. ft. of required landscape or
27 buffer area with an average linear spacing of not less than thirty (30) feet. Three (3)
28 shrubs or vines for every thirty (30) linear feet shall be planted in the perimeter planting
[301
I strip. Massing is permittes long as trees are spaced not no than one hundred (100)
2 linear feet apart including width of driveway.
3 (c) Where a fence or wall is utilized in a perimeter planting strip adjacent to a
4 street, three (3) shrubs or vines shall be planted each thirty (30) linear feet along both
5 sides of the fence or wall.
6 (d) Where a fence or wall is utilized in a perimeter planting strip, the fence or
7 wall shall be constructed with the face toward the adjacent property with any supporting
8 structural members screened from view of the adjoining property.
9 (e) Where the perimeter strip is part of a wide buffer area which is to be
10 maintained in a natural state with dense undergrowth, up to one hundred percent
11 (100 %) of the required shrubs may be waived.
12 Sec. 15 -97. Interior landscape areas.
13 (a) Interior landscape areas shall comprise at least eight percent (8 %) of any
14 vehicular use area containing twelve (12) or more parking spaces.
15 (b) In order to apply toward the required eight percent (8 %) landscape area, the
16 minimum size of an interior landscape area shall be one hundred and fifty (150) square
17 feet for developments with one hundred fifty (150) or fewer parking spaces. For
18 developments with more than one hundred fifty (150) parking spaces the minimum size
19 of an interior landscape area shall be three hundred (300) square feet.
20 (c) Trees shall be included in the interior landscape areas at the rate of one (1)
21 tree for every twelve (12) parking spaces.
22 (d) Flexibility is permitted with placement of interior landscape islands, however,
23 interior landscaping should be generally distributed throughout the vehicular use areas.
24 (e) Interior planting island width shall be not less than seven and one -half (71/2)
25 feet in order to receive credit under this section. - -
26 Sec. 15 -98. Building landscape areas.
27 (a) Landscape areas may be installed in the area immediately adjacent to the
28 building or elsewhere on the site at the discretion of the responsible party. However,
[31 ]
MM
I landscape areas shall be pided between the vehicular use 0 used for public parking
2 and the general vicinity of the building, excluding truck loading or service areas not 889
3 open to public parking. These areas shall be equal to an equivalent planter strip three
4 (3) feet wide along the vehicular use area.
5 (b) One (1) tree and four (4) shrubs shall be planted in the building landscape
6 areas for each forty (40) linear feet of vehicular use area abutting the building.
7 (c) For buildings greater than forty (40) feet in height at least one -third (1/3) of
8 the trees to be placed in the building landscape area shall be of a species with a mature
9 height greater than thirty (30) feet.
10 (d) The size and location of planter areas and the placement of trees and shrubs
11 within these planter areas should be freely adapted to meet local site conditions.
12 Sec. 15-99. Exceptions.
13 (a) Commercial parking lots used solely for the purpose of providing rented or
14 leased parking spaces, excluding parking decks, shall meet the landscape requirements
15 with the following exceptions:
16 (1) Perimeter landscaping is not required when the parking lot
17 abuts a building located on the adjacent property line with no
18 windows or doors on the parking lot side.
19 (2) The percentage of street screening may be reduced by fifty
20 percent (50 %). Trees may be used to satisfy this requirement.
21 (3) Perimeter landscape strip width may be reduced to five (5)
22 feet.
23 (4) Interior landscape areas may be reduced to four percent (4 %)
24 of any vehicular use area containing more than twelve (12)
25 parking spaces.
26 (5) Plants in appropriate containers may be used to meet code
27 requirements in temporary parking lots up to three (3) years
t
[321
.. I
I dura &. After three (3) years the Odscape planting
2 requirements shall be satisfied.
3 (b) Industrial sites shall meet the landscape requirements with the following
4 exceptions:
5 (1) Industrial yards and compounds used for storing materials,
6 manufactured products, equipment, truck loading and
7 unloading are excluded from interior landscape
8 requirements.
9 (2) Industrial sites adjacent to other industrial sites are not
10 required to provide perimeter planting strips outside of the
I 1 front yard setback.
12 Sec. 15 -100. Protection of landscaping.
13 (a) Raised concrete curbing or other approved devices shall be placed around the
14 base of each landscaped area to protect plantings from automobile and pedestrian traffic.
15 Such curbing should be offset two (2) feet from planting areas abutting parked vehicles
16 in order to protect plantings from vehicle front end overhang and vehicle doors opening
17 into planter areas.
18 (b) The soil within the landscape areas shall be properly prepared prior to plant
19 installation in accordance with acceptable horticultural practices.
20 (c) Massing of shrubs is permitted only in mulch beds and not in grass or turf
21 areas
22 (d) An irrigation system shall be required for developments of one (1) acre or
23 larger. Developments of less than one (1) acre shall have a water source within seventy
24 five (75) feet of the plants to be irrigated.
25 Sec. 15 -101. Use of live plant material.
26 At least fifty percent (50 %) of landscape areas shall be covered by live plant
27 material at the time of plant maturity.
PQ
[331
I Sec. 15 -102. Trea *-nt of land use buffers. • �9I
2 (a) Requirements for landscaping in land use buffers shall be the same as
3 perimeter landscaping. Buffer width shall be determined by the zoning ordinance.
4 (b) Natural vegetation and undergrowth may be approved by the city official to
5 satisfy landscaping requirements. Each site shall be evaluated on an individual basis.
6 (c) A minimum of seventy percent (70 %) of the land use buffer shall be
7 undisturbed.
8 Sec. 15 -103. Treatment of hillside cuts and slopes.
9 (a) Hillside cuts shall be reviewed on an individual basis for ground cover
10 requirements and for conformance with chapter 29 of this Code.
11 (b) Existing trees and ground covers shall be protected when feasible and
12 vegetation shall be reestablished within one (1) year of project completion to avoid
13 erosion and siltation.
14 (c) Vines may be used as ground cover around exposed large rock formations.
15 (d) The following procedures shall be followed according to finished grade of
16 slope:
17 (1) Zero percent (0 %) to thirty percent (30 %) grade requires
18 vegetation with sod or ground cover.
19 (2) Thirty -one percent (31 %) to sixty percent (60 0/0) requires
20 vegetation with netting and ground cover either hydroseeded
21 or in containers to be hydroseeded with an erosion control
22 blanket.
23 (3) Over sixty percent (60 %) requires native field stone or riprap
24 with soil separating fabric. If riprap is used, twenty-five
25 percent (25 %) of the riprap shall be covered throughout with
26 (1) live plant material or (2) evergreen seedlings. Facing
27 stone or block may be utilized as an option.
[341
I (e) Trees shall beanted along terraces used in hide cuts and fills. The
2 average spacing between trees shall not be greater than twenty (20) feet. Dense evergreen
3 seedlings may be used to satisfy tree planting requirements. Q
4 Sec. 15 -104. Protection of existing vegetation.
5 (a) Care shall be exercised during construction to avoid damage to trees and the
6 surrounding ground surface area especially within the critical root zone in order to
7 protect the feeder root system of existing trees.
8 (b) Prohibited construction practices include:
9 (1) Compaction of the root system;
10 (2) Scarring or defacing of tree bark;
11 (3) Disturbing surrounding soil by trenching;
12 (4) Modifying elevation of surrounding soil;
13 (5) Placing impervious surfaces such as asphalt or concrete over .
14 the root system or drastically modifying the existing drainage
15 system.
16 (c) Adequate drainage and aeration of the root system such as installation of tree
17 wells shall be provided when modifying soil elevation around trees.
18 (d) Construction practices may include barricading of root system areas and
19 providing a track surface for heavy equipment circulation.
20 (e) When damage has occurred to the root system, the same percentage of tree
21 canopy as the root system destroyed should be selectively pruned and trimmed back.
22 Root stimulators, deep watering and fertilization should then be implemented to
23 enhance the recovery process.
24 Sec. 15 -105. Flexibility in applying standards.
25 (a) It is the intent of these provisions to allow reasonable and appropriate
26 flexibility for adapting landscaping design standards described in this chapter to the
27 specific conditions of an individual site.
(35]
I (b) Areas establiso for zoning buffers, hillside bu *_, stormwater detention 891
2 basins and utility easements may be used and counted as satisfying landscape area
3 requirements stipulated by this chapter.
4 (c) Up to twenty-five percent (25 %) of the perimeter planter area and associated
5 trees and shrubs may be shifted from one area of the site to another for the purpose of
6 improving visual aesthetics or for other appropriate environmental concerns. Street tree
7 requirements are not included in this flexibility.
8 (d) Up to two- thirds (2/3) of the building landscape area and associated trees and
9 shrubs can be shifted to another area of the site for the purpose of improving visual
10 aesthetics or for other appropriate environmental concerns.
I (e) Where a vehicular use area is devoted strictly to access or loading or
12 commercial loading, up to two- thirds (2/3). of the landscape area, trees. and shrubs
13 associated with the vehicular use area may be shifted to other areas on the site.
14 (f) Landscape areas located within thirty (30) feet of the right -of -way line may
15 be counted as part of the street side landscape planter strip rather than as interior
16 planting.
17 (g) Up to twenty-five percent (25 %) of the number of trees or shrubs may be
18 reduced for any given landscape area by compensating at the equivalent of one (1) tree
19 for every eight (8) shrubs except within street landscaping areas.
20 SECTION 5. Severability. In the event any portion of this ordinance is declared
21 or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not
22 affect the remaining portions of the ordinance which shall remain in full force and effect
23 as if the portion so declared or adjudged invalid or unconstitutional was not originally
24 a part of this ordinance.
25 SECTION 6. Repealer. All laws, ordinances and regulations and parts thereof
26 in conflict with this ordinance are hereby repealed to the extent of such inconsistency.
27 SECTION 7. Emergency Clause. The ability to limit, to a reasonable extent,
28 the number oftrees destroyed orremoved as a result ofdevelopment and redevelopment
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I within the City is essentoo the public health, safety andWfare. The protection of
2 foilage and open space has been demonstrated to increase the overall quality oflife 8 9 4
3 within the comnmunity, and to reduce aspects of urban stress such as crime and
4 temperature. If this ordinance isnotimmedlatelyeffective, a temporary moratorium on
5 treeremoval will expire on September28, 2000, and theresult will be over three weeks
6 where no meaningful regulations to protect trees and foilage are m place. An emergency
7 is, therefore, declared to exist and this ordinance shall be in full force and effect from
8 and after the date ofits passage.
9 PASSED: September 26, 2000
l0 ATTEST: APPRQ�
12 Na cy Wo d, City Clerk Jim Dey, Mayor
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14 APP OVED AS TO LEGAL FORM:
15 t�� e'to'�— M ' —
16 Thomas M. Carpenter, City Attorney
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