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HomeMy WebLinkAbout13617ORDINANCE NO 13,617 THIS ORDINANCE REPLACES ORDINANCE NO. 12,029 (FEBRUARY 19, 1968); REPLACES AND AMENDS ONLY SUBSECTION (H)(b) EXCEPT THE FINAL TWO SENTENCES IN (H)(b) OF SECTION 43.21 OF THE CODE OF ORDINANCES (NOVEMBER 4, 1968); AND SUBSECTION (H)(f) OF SECTION 43.21 OF THE CODE OF ORDINANCES (MAY 17, 1971); AND SUBSECTION (H)(g) OF SECTION 43.21 OF THE COA OF ORDINANCES (JULY 19, 1977); AND SECTION 36.34 (a, b, AND c) OF THE CODE OF ORDINANCES (APRIL 18, 1966). NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. Short Title - This ordinance shall be known and may be cited as the Landscape Ordinance of the City of Little Rock, Arkansas. SECTION 2. Purpose.- The Board of Directors of the City of Little Rock recognizes the increasing amount of urban land being utilized for the purpose of providing off - street parking. In order to provide a more attractive urban environment, and to lessen the visual impact of areas devoted to the parking and storage of automobiles and other wheeled vehicles, it is declared to be in the public interest for the citizens of Little Rock to establish minimum requirements and standards for the planting and landscaping of such parking areas. SECTION 3. Definitions a. Designated Agent,of the City Manager: All individuals, divisions, or departments which are designated by the City Manager for the administration and enforcement of this ordinance. b. Earth Berm: A mounding of soil volume; or the alteration of existing plants in order to create a screen or change in elevation from the elevation of the use area to adjacent areas. C. Ground Covers: Plant materials which reach a maximum height of not more than eighteen (18) inches and may be used in lieu of grass. d. Landscape Permit: A permit which must be secured from the City of Little Rock by any person, firm, or corporation as part of compliance with applicable provisions in this ordinance. e. Lawn Grass: Species normally grown as permanent lawn in Pulaski County. 11 f. Parking Space, Off- Street: A space on private land accessible from a usable street or alley, not less than nine feet wide and twenty feet long, with the necessary maneuvering room within the private property. g. Shrubs: Self - supporting woody deciduous or evergreen species which are a minimum of eighteen (18) inches in height at time of installation. h. Trees: Self- supporting woody plants which normally grow to a minimum height of fifteen (15) feet or greater in Pulaski County, and having trunks which can be maintained with over five (5) feet of clear trunk. Trees having an average mature crown spread of less than fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of fifteen (15) feet crown spread. All trees shall have a minimum caliper of two (2) inches at planting. i. Vehicular Use Areas: All open areas and open spaces on the land which are designated, used, required or intended to be used for storage, parking, maintenance, service, repair, display, circulation, or operation of vehicles, including automobiles, busses, trailers, trucks, boats, and motorcycles. This definition is intended to include areas used or intended to be used for driveways to such vehicular use areas but does not include improvements to public roads, streets, highways, and alleys. However, public rights -of -way may be considered part of the vehicular use area for planting improvements if such land areas are adjacent to private property being developed as a vehicular use area. SECTION 4. Scope - This ordinance applies to vehicular use areas which are greater than 2500 square feet in size which are located within any zone of higher density than two - family. Based on this scope, this ordinance will apply: - -To all such future vehicular use areas, as such areas are developed. - -For any expansion or additions to existing vehicular use areas, or changes in the land use intensity of vehicular use areas, when such expansions or changes are considered by a public body. SECTION 5. Exemptions - This ordinance does not apply to: - -The construction or reconstruction of streets by the City, county, state, or federal agency; or by private developers; or construction undertaken in Street Improvement Districts. -- Vehicular use areas in which pothole repairs, striping, sidewalk repairs, drainage structure repairs, or maintenance of existing landscaping are being undertaken. Other exceptions to the provisions and requirements of this ordinance shall be dependent on the approval of the designated agent of the City Manager. SECTION 6. Other Relevant Ordinances - This ordinance shall be read in conjunction with the following ordinances: No. 12,369 "The Standards for Tree Removal "; Ordinance No. 11,414 "The Blind Corners Ordinance "; Ordinance No. 11,471, which mandates barricade plans for construction in the public rights -of -way; and Ordinance No. 12,501 which provides requirements for curbs, driveways, sidewalks, etc. All work under this ordinance involving curbs, gutters, and sidewalks shall be done in accordance with the City of Little Rock Standard Plans and Specifications for the construction of street curbs, gutters, and sidewalks approved and adopted by the Board of Directors. In the event of a conflict, all ordinances existing at the time this ordinance is adopted shall take precedence over the provisions of the Landscape Ordinance. SECTION 7. Plant Material Selection Requirements - Plant material used for compliance with the provisions of this ordinance shall conform to the "American Standards for Nursery Stock, 1 -73 ", Grade No. 1, American Association of Nurseryman, Inc., or equal thereto. Plant material which may be installed in vehicular use areas are defined and should be selected from applicable lists. It is the intent of this ordinance to be flexible; thus any person, firm, or corporation may select plants not listed herein for landscaping vehicular use areas, other than the public rights -of -way, as long as plants substituted are able to withstand harsh weather conditions, comply with all other provisions of this ordinance, and are approved by the designated agents. 3 Tree Species -- Public Rights -of -Way - All tree species which can be installed in public rights -of -way are listed below: Scientific Name Evergreen Trees Eriobotrya Japonica Ilex species Myrtus species Pinus species Prunus caroliniana Deciduous and Flowering Deciduous Trees Betula species Cercis Canadensis Crataegus species Cupressus species Ginkgo Biloba Gleditsia tricanthos 'inermis' Ilex decidua Koelreuteria paniculata M agnolis soulangeana Magnolia virginiana Prunus cerasifera 'antropupurea' Prunus serrulata 'quansant' Pyrus Calleryana Pistachia Chinensus Quercus species Sassafras albidum Vitex species Lagerstroemia indica Common Name Loquat Evergreen Holly Wax Myrtle Pine Carolina Laurel Cherry Birch Red Bud Hawthorne Cypress Ginkgo Thornless Honey Locust Deciduous Holly Goldenrain Tree Saucer Magnolia Sweet Bay Magnolia Purple Leaf Plum Quansant Cherry Bradford Pear Pistachio Oak Sassafras Vitex Crape Myrtle Tree Species: Vehicular Use Areas - All tree species listed in "Tree Species -- Public Rights -of -Way" in addition to the tree species listed below may be used in vehicular use areas not in the public rights -of -way. Evergreen Cedrus deodara Deodar Cedar Magnolia grandiflora Southern Magnolia Quercus virginiana Live Oak Deciduous and Flowering Deciduous Trees Acer species Maple Celtis Species Hackberry Cornus florida Dogwood Shrubs All shrubs which may be used in all vehicular use areas, including public rights -of -way. 4 Scientific Name Abelia species Bamboo species g Cotoneaster species Elaeagnus species' Ilex species (evergreen) Juniperus species (shrub form) Ligustrum japonicum Nandina species Photinia species Grasses Common Name Abelia Bamboo Cotoneaster Elaeagnus Evergreen Holly Juniper Waxleaf Ligustrum Nandina Photinia The following grasses may be used to comply with this ordinance: Meyer Z -52 - Zoysia Emerald Zoysia Bermuda grass Bermuda grass hybrids Centipede St. Augustine These are the more commonly used grasses adjacent to vehicular use areas. Ground Covers The following ground covers may be used in all vehicular use areas, including public rights -of -way. Scientific Name Ajuga species Gelsemium sempervireus Hedera helix Juniperus species (dwarf) Liriope muscari Ophiopogon species Pachysandra terminalis Santolina species Sasa pygmaea Sedum species Tracheolpermum asiaticum Wisteria species Earth Berm Common Name Aj ug a Carolina Jessamine English Ivy Juniper Liriope Monkey grass Pachysandra Santolina Dwarf Bamboo Sedum Asian Jasmine Wisteria Earth Berm must be protected from erosion with suitable plant material, ground cover, or lawn grass. Earth Berm should not be planted in areas which would destroy existing plants selected to remain in place. SECTION 8. Landscape Requirements for Vehicular Use Areas. 5 Peripheral Coverage Requirements: Peripheral landscaping shall be required along any side of a vehicular use area that abuts adjoining property that is not a right -of -way. A landscaping strip(s) shall be located between the vehicular use area and the abutting property lines. This strip(s) should be at least 4 feet in width. However, if based on this requirement, the percentage of land area to be devoted to landscaping a peripheral strip(s) is equal to or greater than 4% of the total square footage of the vehicular use area, then the width of the landscaping strip(s) may be revised downward to be at minimum 3 feet in width. One tree for each forty (40) linear feet shall be planted in the landscaping strip(s). One shrub or vine for each ten (10) linear feet should be planted in the landscaping strip(s), and appropriate ground covers, grasses, or earth berm shall complete landscaping in the strip(s). When vehicular use areas abut or are across from right -of -way, alley(s) or easements adjoining property zoned residential or currently used for residential, a hedge, wall, or other durable landscape barrier shall extend the entire landscaping strip(s). If a barrier is of a nonliving material, its height, design and location must be approved by the designated agents. The height of the hedge wall should be no less than two and one -half (2 -1/2) feet and no more than six (6) feet. The height of any wall or other durable opaque landscape barrier shall be no less than four (4) feet and no more than six (6) feet; and all vehicular use areas which abut or are across from or abut property zoned residental or currently used for residential must have a four (4) foot opaque screen. 2 one shrub or vine for each ten (10) feet of nonliving durable barrier shall be planted between the barrier and the vehicular use area. These plantings need not be spaced ten (10) feet on center, but rather, except for freestanding specimen plants, may be planted in groupings of three (3) or less. Adjustments can tie made in the above requirements to facilitate locating adjacent lot access drives. The maximum width of such drives may be thirty -five (35) feet, and the minimum distance between such drives may be forty (40) feet. Adjacent lot access drives, i.e., those drives connecting one Vehicular Use Area to another, may be used to internalize traffic. Street Coverage Requirements: Street landscaping shall be required along any side of a vehicular use area that abuts the right -of -way of any street, road, or highway. A landscaping strip(s) shall be located between the vehicular use area and the abutting right -of -way. This strip(s) should be at least 6 feet in width. However, if based on this requirement, the percentage of land area to be devoted to landscaping';the strip between the right -of -way and the vehicular use area is equal to or greater than 40 of the total square footage of the vehicular use area, then the width of the landscaping strip(s) may be revised downward to be at minimum 4 feet in width. No more than 500 of the total landscaping and /or plantings, as required by this section, shall be permitted to be located in the public right -of -way. Concrete curbing or other approved material shall be provided around the base of each planter area of landscape strip, to separate such area of strip from adjacent contiguous property. A planting screen or durable landscape barrier shall extend the entire length of the landscaping strip(s). The 7 first twenty -five (25) feet on both sides of any accessory driveway pavement is excluded from this requirement. Breaks in the barrier may be incorporated for aesthetic or security purposes. If a barrier is of a nonliving material, its height, design and location must be approved by the designated agents. The height of the planting screen shall be no less than two and one -half (2 -1/2) feet and no more than six (6) feet. The height of any wall or durable landscape barrier shall be no less than four (4) feet and no more than six (6) feet. One shrub or vine for each ten (10) feet of nonliving durable barrier shall be planted between the barrier and the street, _,and between the barrier and the vehicular use area. These planters need not be spaced ten (10) feet on center, but rather, except for freestanding specimen plants, may be planted in groupings of three (3) or less. The remainder of the landscape strip(s) shall be improved with grass, ground cover, shrubs, or other landscape treatment excluding paving and sand. Interior Coverage Requirements: Not less than six (6) percent of the interior of a vehicular use area containing more than twenty -five (25) parking spaces shall have landscape plantings. Each planter area shall contain at least eighty-(80) square feet, or portion thereof, based on percentage calculations. In addition to shrubs and ground covers, trees should be included in these planter areas at a ratio of one for every twenty -five (25) parking spaces. Concrete curbing or other approved material shall be provided around the base of each planter area, to separate such area from adjacent contiguous property. Planting which is required for screening along the perimeter of any vehicular use area, as provided by Peripheral Coverage Requirements and Street Coverage Requirements, shall not be considered as part of the interior landscaping percentage requirement. Moreover, where a vehicular use area abuts buildings on the subject property, border plantings adjacent to those buildings shall not be considered as part of the interior landscape requirement. Any perimeter landscaping provided in excess of that required by Peripheral Coverage Requirements and Street Coverage Requirements may be counted as part of the interior landscaping requirement. Industrial yards and compounds used for storing materials, manufactured products, equipment, truck loading and unloading may be excluded from interior coverage requirements. SECTION 9. Additional Landscape Requirements for Public Rights-of-Way This ordinance does not require that landscaping must be undertaken in public rights -of -way. However, should any person, firm, or corporation desire to make landscape improvements within public rights -of -way, then all other provisions of this ordinance shall be enforced and additional requirements, as provided in this article shall be mandated. It shall be permissible to landscape the public right -of -way between the property line and the street curb line, only if pursuant to and under authority of the Board of Directors, as expressed by the granting of a franchise for such purposes. Any owner or occupant so desiring to landscape between the property line and the curb line shall apply to the City of Little Rock, Arkansas, for a franchise for such purpose. 01 The application shall contain a Landscape Plan. Upon a finding of the Board of Directors that such plantings are not or would not be contrary to the public interest and would not cause injury or impairment to existing improvements or to impair flow of vehicular or pedestrian traffic, the Board of Directors may award a franchise in its sole discretion. Any franchise so issued shall be subject to revocation by the Board of Directors at any time upon a finding by the Board of Directors that any plantings are interfering with public use of the right -of -way, or are causing physical injury to utilities or other improvements in the vicinity or are not being maintained in a neat, clean, and attractive manner. In the event of any revocation, the owner or person occupying the adjacent premises shall remove any planting and shall restore the right -of -way to its condition prior to the grant of the franchise at the sole expense of the owner or occupant and at no expense to the City of Little Rock. Trees planted in the public right -of -way shall have no division of the trunk below seven (7) feet with the exception of multi -trunk species. The minimum vertical clearance of limbs shall be eight (8) feet and limbs which overhang the street or are within eighteen (18) inches of the curb shall have a minimum vertical clearance of fourteen (14) feet. Sidewalk cuts for planting or planter boxes shall have a minimum area of twelve (12 ) square feet with one horizontal dimension no less than thirty -six (36) inches nor more than forty (40) inches in width. Planter boxes shall be no less than 36 inches nor more than 48 inches in height. The minimum distance from the back of the curb to the centerline of the tree shall be twenty -four ( 24 ) inches. 10 t: The tree shall be a minimum of ten (10) feet from a fire hydrant and four (4) feet from any water or gas cutoff valves. The area within the planting boxes or planting cuts shall be landscaped with ground cover, river rock, or metal grating. Trees installed in the ground shall be a maximum of 40 feet - 0 inches on center. Planter boxes shall be a maximum of thirty (30) feet on center. Trees and planter boxes should not necessarily be even spaced, but rather, clustered in groups of two or more. Spacing of the trees and planter boxes may be varied, as long as the average spacing does not exceed 40 feet - 0 inches and 30 feet - 0 inches respectively. There shall be a minimum unobstructed sidewalk of at least six (6) feet or fifty percent (50 %) of the total distance from the right -of -way line to the back of the curb, when the sidewalk occupies the entire area. This unobstructed sidewalk is the area from the property line to the edge of the cut or planter box. In the event the design layout and plan contemplate the planting of trees above ground in planter boxes, said planter boxes shall be constructed of reinforced concrete, or other suitable materials. The design of the planter box and material selection shall be approved by the designated agent. SECTION 10. Procedure Permit Required - Any person, firm, or corporation, in order to comply with this ordinance, must first obtain a landscape permit from the Community Services Department. A separate permit is not required if it is part of the application for a building permit. However, all other provisions of this ordinance shall apply. Failure of the 11 City to issue a permit will not entitle the owner or developer to any waivers of the requirement of this ordinance. Landscape Plan - Before a landscape permit shall be issued, the applicant must submit two (2) copies of a Landscape Plan to the Community Services Department. When the vehicular use area is relative to a building structure, the landscape plan should be submitted concurrently with the building and site plans of the proposed structure. The landscape plan may be shown on the building site plan and need not be a separate drawing. If applicants desire to have landscape plantings in public rights -of -way, or utility easements then the person, firm, or corporation must submit ten sets of plans and specifications with each landscape permit application to the Community Services Department. The Community Services Department will submit to all public utilities a copy of the plan for each application at the time the application is filed for their comments. No tree planting shall be permitted that will conflict with traffic control devices or parking meters in accordance with the Traffic Ordinance of the City. There shall be no conflict with fire protection requirements, and no trees shall be planted in front of required knockout panels, exits, etc. The above conditions must exist prior to any permit being issued by the City. Presentation Requirements: The name, address, and telephone number of the owner, the developer, and the designer shall be submitted with the landscape plan. The following information shall be shown on the plan: (a) North point and scale. (b) All dimensions and property lines. 12' (c) Existing and proposed lighting, parking spaces, access aisles, driveways, sidewalks, wheel stops, curbs, and other vehicular use controls. (d) The location of curb cuts on adjacent property, median openings on abutting streets, related buildings, and adjacent land uses. (e) Existing traffic controls, parking meters, utilities, fire hydrants, building exits, and storm sewers located on public right -of -way abutting the property. (f) The location, species and size of all existing isolated trees 6 inches or more in caliper and the outline of all tree masses. Significant Shrub masses which are to be preserved should also be shown. Trees or tree masses to remain under the proposed development should be designated as such. (g) The location of all proposed plant materials. The botanical and common names, together with the quantity, spacing and size of all such materials. (h) An exterior elevation and a wall section for any decorative screen indicated on the plan. Preservation of Existing Plant Material Requirements: The preservation of existing plant material such as specimen trees should be incorporated into the development of landscape plans. In instances where such healthy plant material exists on a site prior to its development, the designated agents may adjust the application of the above - mentioned standards to allow credit for such plant material. Such an adjustment shall be in keeping with the intent of this ordinance. Any removal of existing trees on public rights -of -way must be accomplished in accordance with City Ordinance No. 12,369, the standards for tree removal, which deals with plant materials located in the public right -of -way. Review and Approval of Landscape Plan: After receipt of the landscape plan, it shall be reviewed by the designated agents and be returned to applicants. If the plan is found to be in compliance with the requirements of this ordinance, then a landscape permit shall be issued. Plans not in compliance shall be returned to applicants with comments. Corrected plans shall be resubmitted for review and landscape permits shall be issued when plans fulfill this article's requirements. 13 P SECTION 11. Installation Requirements: After a landscape permit is issued, the contractor or other individuals in charge of all landscape work shall begin work on landscaping a vehicular use area not associated with a building structure within one hundred and twenty days (120) after the landscape permit is issued or in accordance with a previously approved construction schedule, and shall execute the same continuously until the work is completed unless unavoidably delayed by weather conditions or other causes not within the control of the contractor. Landscaping in association with a building structure must be scheduled with the overall building construction schedule. If there is an unscheduled delay or if there is a foreseen, previously planned postponement of improvements, then the contractor or other party responsible for such work shall immediately notify the designated agents. Responsibility for adjustments in scheduling and other requirements shall remain with the designated agents. Responsible parties are held to the requirements provided in Ordinance No. 11,471 and also all times and periods, during which any work under this ordinance is being performed, and until such work is completed, accepted, and approved by the designated city agents, the contractor shall place and maintain all necessary and proper barriers and other safeguards, including watchmen if necessary, upon and around the work for the prevention of accidents, and at night he shall place, maintain and keep suitable and sufficient lights to warn of the obstructions and hazards, and an unobstructed passageway free of mud and debris shall be provided for pedestrians around the area with a minimum width.of four (4) feet. If the passageway is located in the street proper, it shall be constructed a minimum of four (4) inches above the pavement. The person doing such work under said permit shall and will indemnify and save harmless the City of Little Rock from and against all actions and claims and against all costs, damages, and expense to which the the city may be put by reason of any injury or alleged injury to any person or property resulting or alleged to result from, or to be occasioned by any act, negligence, carelessness or want of skill in connection with or in the conduct of any said work, or in guarding same, or from any improper methods, tools, implements or materials used in its execution, or by on account of any alleged act or omission whatever of the contractor or his agents, employees, or servants; and the contractor, person, firm, or corporation doing said work under the permit as herein provided for shall well and truly make payment of any and all sums so recovered against the City of Little Rock in any suit or suits on account of such alleged injuries to which the City may be made a party, together with all such costs, damages, and expenses as may be suffered of the City of Little Rock, all in such manner as to save the city whole and harmless from all such actions or claims. The owner and /or occupant, upon written notice by any city agency or public utility, shall remove or relocate or cause to be removed or relocated any planters above ground within forty -eight (48) hours of such notice for the maintenance of existing facilities or construction of new facilities. In the case of any emergency as deemed by the city agency or public utility, the planters shall be removed immediately by whatever means available. No city agency nor public utility will be liable for any damage of any plantings located within the street right -of -way; nor cost of moving planters. 15 During the course of construction and planting, excess and waste materials shall be continuously and promptly removed, and all reasonable precautions taken to avoid damage to existing structures, plants and grass. When all work is completed, the contractor shall- leave the site in a neat, clean- appearing condition. Certification of Compliance Required Upon Completion Improvement: Upon completion of improvement, the designated agents shall inspect the vehicular use area for compliance with the approved landscape plan and other requirements of this ordinance. A certificate of compliance must be issued by the Inspection Officer before a certificate of occupancy can be issued for any related structure. When occupancy of a related building is desired prior to completion of the vehicular use area, a temporary certificate of occupancy may be issued. Such certificate shall not release the owner from compliance with the landscape plan as approved. SECTION 12. Cash Bond for Postponed Improvements: When in the judgement of the designated agents, under the provisions of this ordinance the then current season of the year is not conducive to sustaining.life for trees and plants required hereunder, compliance with these provisions may be postponed for not more than one (1) year, and a temporary certificate of occupancy issued conditioned on the owner and /or developer posting a cash bond in favor of the City in an amount equal to the estimated cost of the postponed improvements. Estimates of landscaping costs may be prepared by the project architect or engineer, or by a landscaping architect or landscape contractor. Failure to complete such postponed landscaping within any such one (1) year postponement period shall effect an automatic M. forfeiture of the cash bond; provided however, such forefeiture shall not relieve the owner and /or developer of complying with the provisions of this ordinance. Said forfeiture may be delayed or set aside for no more than two (2) years if it is determined by the designated agents that such delay is excusable or justified. It shall be incumbent upon the applicant to establish valid reasons for such postponement. Only one two -year extension will be permitted. SECTION 13. Maintenance: (a) The developer, his successor, and /or the property owner shall be responsible for regular weeding, irrigating, fertilizing, pruning or other maintenance of all plantings on the private property of the development. Plant materials which are installed for compliance with the ordinance, both on private property and the public right -of -way which exhibits evidence of insect pests, disease and /or damage shall be appropriately treated and dead plant materials shall be replaced. (b) The property owner of land abutting a constructed public right -of -way area between his property line and the curb line shall be required to regularly weed, mow, prune, and maintain plantings in compliance with good horticultural practices. (c) If the owner neglects or refuses to remove, abate or eliminate any such condition or conditions as are provided for in this Ordinance, after having been given ten (10) days notice in writing to do so, the owner is subject to aforementioned penalties of $15 per day. SECTION 14. Penalty: Any person, firm or corporation violating any of the provisions of this Ordinance shall, upon conviction, be fined in any sum not exceeding fifteen dollars ($15.00), and each day a violation continues shall constitute and be a separate offense. SECTION 15. Right of Appeal: Any interested person aggrieved by a decision of any administration official of the City in administering the provisions of this ordinance shall have the right of appeal to the City Beautiful Commission as resolved by the City Board of Directors. 17 invalid for any reason, the remainder of said Ordinance shall not be affected thereby; and it is intended that every other section, paragraph, sentence, clause, and phrase of this Ordinance shall remain and be in full force and effect. SECTION 17. This Ordinance shall have no further effect after April 1, 1981, unless readopted by the Board of Directors. PASSED: March 20, 1979 ATTEST: RiY1.e, CitAff k APPROVED: Mayor o � ro ^^W` CIZ to H � � v- s