(A)   Create aesthetically pleasing views and vistas along public streets.

   (B)   Complement and enhance the functional and aesthetic design of new buildings and site development projects.

   (C)   Provide visual screening of parking, service and storage areas.

   (D)   Mitigate the adverse impacts of higher intensity land uses upon lower intensity uses through landscape buffers.

   (E)   Promote water conservation by restricting the use of turf and ornamental water features and requiring the use of low water use plant materials.

   (F)   Promote climate modifications for enhancement of pedestrian environments at street frontages, parking lots and building façade.

   (G)   Provide maximum shade on ground surfaces to reduce the urban heat island effect.

(Ord. 1402, passed 5-6-2014)

   The Zoning Administrator shall be responsible for the interpretation of the landscape regulations.

(Ord. 1402, passed 5-6-2014)

   Where there is a conflict between the provisions of the landscape regulations and provisions of other city, the more restrictive provisions shall apply.

(Ord. 1402, passed 5-6-2014)

   (A)   New development. The landscape regulations shall apply to new development of commercial, industrial, institutional, subdivision, multi-family residential, manufactured home park and recreational vehicle park land uses. The landscape regulations shall not, however, apply to single-family and duplex dwellings.

   (B)   Additions and expansions to existing development. The landscape regulations in Vol. II, § 1-8-6, Table 8-1 shall apply if the existing building is expanded by more than 50% of its existing gross floor area.

   (C)   Landscape plan approval. Landscape plans shall be subject to review and approval of the Zoning Administrator.

   (D)   Landscape architect required. Landscape plans shall be prepared by a landscape architect registered in the State of Arizona. This requirement may be waived if the Zoning Administrator determines that the landscaping plan requires less than 10 plants.

(Ord. 1402, passed 5-6-2014)

   (A)   Property frontage less than 50 feet wide. Business zoned properties with less than 50 feet of street frontage, and/or which are less than 10,000 net square feet in size, shall be exempt from the landscape standards unless required to be landscaped and screened as part of an approved Planned Development rezoning, CUP or AUP. The Director or designee may require, however, that minimal landscape and screening improvements (e.g., planters, foundation shrubbery, and parking lot shading) be installed prior to occupancy.

   (B)   B-2 (Old West) and B-3 (City Center) zoned districts. Property located within the B-2 (Old West) and the B-3 (City Center) zoned district shall be subject to the following unique landscape requirements:

      (1)   Transition buffer. Business zoned properties adjacent to residentially zoned lots/parcels are encouraged to provide a landscape buffer/screen wall between their business site and the residential site.

      (2)   Parking lot buffer. A landscape buffer between the parking lot area and public road right-of-way is encouraged.

      (3)   Parking lot landscaping. Properties with greater than 20 parking stalls shall comply with Vol. II, § 1-8-6(D).

      (4)   Desert plants. All trees and plant material shall be compatible with the desert environment, be water-efficient and shall conform to the current recommended low water using plant list of the Arizona Department of Water Resources Phoenix Active Management Area, or alternative city approved materials that are drought-resistant.

      (5)   Installation and surety. Required landscaping shall be installed prior to the issuance of a certificate of occupancy or final inspection, as applicable. A site inspection must be conducted by the Planning Division to verify proper installation. It is the owner's (or owner's representative's) responsibility to arrange an inspection appointment with the Planning Division. A surety bond, cash deposit or assured letter of credit in an amount to guarantee the installation of the landscaping within 6 months from the date of issuance of the certificate of occupancy or final inspection may be permitted by the Development Services Director or designee in lieu of immediate installation of plant materials. The allowable installation period will not be extended more than 6 months from the date of the certificate of occupancy or final inspection.

      (6)   Landscape maintenance. All landscaping shall be reasonably maintained and any dead plant material shall be immediately replaced by the property owner. Maintenance shall include but not be limited to removal of debris, pruning, trimming, watering or other requirements to create an attractive appearance for the development. Maintenance must ensure that pedestrian and vehicular traffic will not be obstructed by any of the vegetation.

      (7)   Overhead wires. Undergrounding of overhead wires and equipment shall be required in accordance with Vol. II, § 1-8-6(N).

      (8)   Planters, planting pots and raised planters. Landscape planters, planting pots and/or raised planters shall be required between the building and the road right-of-way(s), along walkways, and within parking areas, as approved by the Zoning Administrator. The landscape planters, and/or flower boxes shall be appropriately sized and accommodate a minimum of two 5 gallon shrubs per 20 feet of property frontage.

(Ord. 1402, passed 5-6-2014)

   (A)   Street frontage. Trees, shrubs and groundcover shall be installed in accordance with the following:

      (1)   Minimum quantity and size of plants. See Vol. II, § 1-8-6, Table 8-1.

      (2)   Groundcover. The street frontage planting strip shall include vegetative ground cover (1-gallon minimum) and be covered with inorganic mulch such as crushed decorative rock, river run and/or boulders. An impervious weed barrier or pre-emergent chemical treatment shall be applied to the bare ground prior to the placement of inorganic ground cover materials.

      (3)   Planting strip. Required trees and shrubs shall be planted within a 10 foot wide planting strip adjacent to and parallel with the street right-of-way. No trees or shrubs shall be planted within the public road right-of-way without approval from the Public Works Department.

      (4)   Parking lot screen wall. See Vol. II, § 1-8-6(B)(1).

      (5)   Substitutions. Twenty (20%) percent of the required shade trees may be substituted with minimum 10 foot high Saguaro cactus.

      (6)   Existing landscaping. Existing trees and shrubs located within the street frontage landscaping area may be counted as part of the street frontage landscape requirement if the existing tree(s) meets the minimum size requirement.

      (7)   Flexible design. The Zoning Administrator may approve a more natural landscape distribution of trees and shrubs rather than the regimented plant spacing provided in Vol. II, § 1-8-6, Table 8-1.

   (B)   Screening. See Vol. II, § 1-6-3(D)(5).

   (C)   Open space area landscaping. Any part of a site not utilized for structures, parking, driveways or sidewalks is defined as open space and shall be covered with either vegetative ground cover (1-gallon minimum) or inorganic ground cover such as decomposed granite, crushed decorative rock, river run and/or boulders. An impervious weed barrier or pre-emergent chemical treatment shall be applied to the bare ground prior to the placement of inorganic ground cover. Additionally, open space areas shall be landscaped with plantings in accordance with Vol. II, § 1-8-6, Table 8-1.

   (D)   Interior parking lot landscaping. Parking lots containing 10 or more parking spaces shall comply with the following:

      (1)   Minimum quantity and size. See Vol. II, § 1-8-6, Table 8-1.

      (2)   Coverage. A minimum of 10% of the parking lot shall be landscaped. This landscaping shall consist of landscaped islands and peninsulas located within the parking lot. The parking lot is defined as the interior area within the perimeter of the curbs or the edge of pavement framing the parking lot area.

      (3)   Landscape island spacing and size. Landscape islands or peninsulas shall be installed at least every 12 consecutive parking spaces with a minimum 5 foot width and minimum 50 square foot area.

 

 

   (E)   Retention basin landscaping. Retention basins shall be landscaped in accordance with excepted engineering standards to manage erosion.

   (F)   Irrigation. All landscaping shall be serviced with a permanent underground automated irrigation system designed in compliance with the "Minimum Standards for Landscape Irrigation" by the Arizona Chapter, American Society of Irrigation Consultants, which is on file with the Director or designee.

   (G)   Curbing. In order to control storm water flows and minimize damage to plantings by vehicular traffic, all landscaped areas adjacent to vehicular parking and access areas shall be protected by 6 inch vertical concrete curbing, anchored wheel stop, decorative bollards or other alternative approved by the Director or designee.

   (H)   Desert plants. All trees and plant material shall conform to the current recommended low water using plant list of the Arizona Department of Water Resources Phoenix Active Management Area. Furthermore, landscape plans shall comply with Vol. II, § 1-8-13 of this Chapter. Limited turf areas may be allowed for accent areas subject to approval of the Director or designee.

   (I)   Intersection visibility triangle. Plant material installed within the site triangle at roadway intersections shall not exceed 3 feet in height at maturity. The site triangle requirements are further defined in Vol. II, § 1-6-13.

   (J)   Landscaping in utility easements. Landscaping planted in utility easements shall comply with the requirements established by utility company policy.

   (K)   Relocation of overhead wires and equipment.

      (1)   Intent and purpose. The intent and purpose of requiring certain overhead wires and equipment to be placed underground is to enhance the visual aesthetics of the city and to protect the views of the Superstition Mountains, while taking into consideration the financial burden on the property owner and/or developer due to the cost of burying overhead lines.

      (2)   Applicability. All new or existing overhead lines and equipment (i.e., poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances used for electrical, communication, entertainment, and information transmission purposes) located along the property's road frontage shall be placed underground at the developer's or property owner's cost as a condition of subdivision, development and/or redevelopment approval, if all of the following conditions apply:

         (a)   Electrical power lines are 12 kilovolt (kV) or less capacity;

         (b)   The width of property (i.e., development site) frontage exceeds 150 feet; and

         (c)   The proposed subdivision, development or redevelopment is located along a principle arterial, Old West Highway, Apache Trail, State Route 88, any new private and public streets or within an adopted redevelopment area.

      (3)   Exemptions. All requests for exemption from this requirement must be presented in writing to the Director or designee prior to development or redevelopment approval by the city. The Director or designee may exempt or conditionally exempt a proposed development or redevelopment from the requirement to place new and/or existing overhead wires and equipment underground after review and determination of the following:

         (a)   The adjacent land on both sides of the proposed development/redevelopment property is developed with existing structures or buildings and has existing overhead lines and equipment located along the property's public or private road frontage;

         (b)   The character of existing development within the immediate area exhibits a dominant pattern of existing overhead lines and equipment;

         (c)   The proposed development/ redevelopment does not qualify as a substantial improvement;

         (d)   The proposed development results in a minor subdivision of 3 or less lots; or

         (e)   The developer demonstrates to the satisfaction of the Director or designee that undergrounding overhead lines and equipment will result in the proposed development not being constructed.

         (f)   In no case, however, shall new utility service extensions from existing service/transmission lines to a proposed subdivision or nonresidential development or redevelopment be exempted from the undergrounding requirement.

(Ord. 1402, passed 5-6-2014; Ord. 1545, passed 4-2-2024)

   (A)   Number of plans needed. Four sets of scaled plans and 1 digital set of plans.

   (B)   Required landscape plan elements. The landscape plan shall include the following details:

      (1)   Proper dimensions and drawn to scale.

      (2)   North arrow and scale.

      (3)   Location of proposed and existing landscaping including trees, shrubs, turf, ground cover and inorganic materials.

      (4)   Landscape illustrations depicted at mature size.

      (5)   Schedule identifying botanical and common plant name, planting size and plant quantity.

      (6)   Property lines, right-of-way(s), easements, alleys and adjacent private streets.

      (7)   Existing and proposed building footprints.

      (8)   Existing and proposed parking spaces and internal traffic circulation.

      (9)   Existing and proposed location of walkways and sidewalks.

      (10)   Existing and proposed location of refuse/dumpster area(s).

      (11)   Existing and proposed location of outside storage area(s), if any.

      (12)   Existing and proposed location of outside product display area(s), if any.

      (13)   Existing and proposed freestanding signs.

      (14)   Existing and proposed light poles.

      (15)   Irrigation plan showing location of controller, existing or proposed meters, backflow preventer, water lines, heads, and materials.

      (16)   Project data table that includes:

         (a)   Gross and net site area.

         (b)   Existing zoning of property.

         (c)   Lot coverage (i.e., square feet of impervious surface area).

         (d)   Gross floor area of existing and proposed buildings.

         (e)   Landscape area (i.e., square feet of pervious surface area).

(Ord. 1402, passed 5-6-2014)

   All landscaping shall be installed in accordance with Arizona Nursery Association standards and the approved landscape plan. The Zoning Administrator shall inspect all landscaping and no certificate of occupancy or similar authorization will be issued unless the landscaping meets the Landscape Code requirements.

(Ord. 1402, passed 5-6-2014)

   Dust control during and after installation of landscaping shall comply with state and federal particulate matter requirements.

(Ord. 1402, passed 5-6-2014)

   All required landscaping materials shall be in place prior to issuance of a certificate of occupancy, weather permitting. In periods of adverse weather conditions, a temporary certificate of occupancy may be issued, subject to the posting of a cash escrow, performance bond or irrevocable letter of credit in an amount equal to 1-1/2 times the estimated cost of the landscaping, with the estimated cost to be certified by a licensed landscaping contractor. The cash escrow or irrevocable letter of credit may be forfeited if the required landscaping is not completed within 6 months after the issuance of the certificate of occupancy. Forfeiture of any cash escrow, performance bond or irrevocable letter of credit shall not relieve the owner of the responsibility to complete the required landscaping.

(Ord. 1402, passed 5-6-2014)

   (A)   Responsibility.

      (1)   The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping within their own private property or on the adjoining right-or-way. Landscaping shall be maintained so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris.

      (2)   The property owner is responsible for obtaining required permits for the location of landscaping in a public right-of-way. Lack of maintenance shall constitute a violation of this code.

   (B)   Replacement plants. Dead plants or plants that have been removed shall be the responsibility of the owner and/or tenant to replace immediately. All replacement plants and other non-living landscape materials shall be equal in size, density and appearance as originally required at the time of the approval of the development.

(Ord. 1402, passed 5-6-2014)

   (A)   Olive Trees (Olea Europaea), are prohibited for reasons of their profuse production of allergy producing pollen. However, the "Swan Hill Olive" and the "Wilson Olive" varieties may be used due to their non-flowering non-pollen status.

   (B)   Fountain Grass (Pennisetum Setaceum) is prohibited as a defined weed with the potential to spread throughout the city and become a fire hazard.

   (C)   Common Bermuda Grass (Cynodon Dactilon) is prohibited as a defined weed and for its profuse production of allergy producing pollen. (For clarification purposes, non-allergenic species are permissible as approved by the city).

   (D)   Mulberry Trees (Morus) are prohibited as noxious pollen producers.

   (E)   Other plants deemed inappropriate by interpretation of the Zoning Administrator and/or City Landscape Architect.

(Ord. 1402, passed 5-6-2014)

   (A)   Purpose.

      (1)   Protect native plants and to ensure appropriate re-vegetation for all development projects.

      (2)   Provide for in-place preservation and protection of existing protected native plants and the transplanting of protected native plant materials indigenous to the area and typical of the Sonoran Desert region.

      (3)   Preserve the organic characteristics of the Sonoran Desert region.

      (4)   Preserve desert wildlife habitats and food sources.

      (5)   Require the protection and re-vegetation of protected native plants disturbed during land development.

      (6)   Encourage the use of protected native plants that are drought tolerant and require low maintenance and minimal groundwater after establishment.

      (7)   Reduce the potential for erosion by water, wind or subsidence.

   (B)   Applicability. The native plant preservation requirements shall apply to rezonings, subdivision plats, non-residential and residential construction, CUPs and/or any amendments thereof.

   (C)   Standards for native plant protection and preservation.

      (1)   Protected native trees. High rated native trees with a 4-inch or larger caliper trunk (as measured 1 foot from the adjacent ground surface) that are listed in Vol. II, § 1-8-15, Table 8-2 shall be considered protected.

      (2)   Protected cacti and shrubs. High rated native cacti and shrubs that are 3 feet in height or taller that are listed in Vol. II, § 1-8-15, Table 8-2 shall be considered protected.

      (3)   Non-protected native plants. All other native plants with less than a 4-inch caliper trunk or 3 feet in height, and with less than a high rating, are considered non-protected and may be offered for salvage to the city, nonprofit organizations or other qualified organizations within 30 days prior to scheduled grubbing and grading operations.

      (4)   Location/transplanting.

         (a)   Protected plants. All protected native plants shall be preserved in place or salvaged and transplanted within on-site landscaped areas if located within a grading/construction area.

         (b)   Non-protected plants. All non-protected native plants shall be placed in a salvage pool for off-site transplanting if requested by the city, or properly disposed of by the property owner.

         (c)   Temporary nursery. Protected plants to be transplanted shall be maintained in a temporary nursery pending relocation in accordance with the approved landscape plan. All temporary nurseries shall provide automatic drip irrigation and fertilizer to promote plant health, until such time that plants are moved for re-planting.

         (d)   Donation to city. Any protected native plants that the developer and Zoning Administrator agree cannot be used on-site, may be donated to the city in conformance with the Arizona Department of Agriculture requirements regarding "notice of intent to clear land".

   (D)   Landscape plan submittal requirements. In addition to the landscape plan submittal requirements described in Vol. II, § 1-8-7, the following additional information is required for properties with protected native plants:

      (1)   Professional credentials. Landscape plans for property with protected native plants shall be prepared by a pre-approved plant salvage professional with credentials as a Western Chapter International Society of Arboriculture ("ISA") certified arborist. Salvage contractors wishing to be placed on this list must first submit a written methodology for inventory, rating and salvaging plants for city approval. Interested parties may contact the city's Development Services Department for further information.

      (2)   Landscape plan details. A landscape plan with the following details shall be submitted and approved for properties with protected native plants prior to issuance of a grading and building permit:

         (a)   A recent aerial photo or site plan showing construction limits and showing an inventory of all protected native plants, in addition to the project name, a scale (minimum scale of 1 inch = 50 feet), a north arrow, a vicinity map, the adjacent street names, and the name of the company performing the inventory.

         (b)   Identification and inventory of all native protected plants within the area permitted for grading and 50 feet beyond, or to the edge of the property, whichever is the shorter distance.

         (c)   The salvage status of each plant (i.e., remaining in place, relocating or being removed) with a tag number, species (both common and botanical names), size and general condition of each plant. If a plant is noted as non-salvageable, the reason or reasons for the assessment shall be stated.

         (d)   The new location and placement of salvaged protected native plant material, including any proposals and justifications for specific plants to be removed from the project site shall be submitted.

         (e)   Location of any on-site nursery for the storage of salvaged protected native plants.

         (f)   A copy of the approved and stamped Arizona Department of Agriculture "notice of intent to clear land" shall be submitted.

   (E)   Plant ratings. The designation of "high rated" plants, as determined by the plant professional, shall be based on the following criteria:

      (1)   The plant's health reflecting the degree of major infestations or apparent diseases.

      (2)   The plant's age reflecting the likelihood of transplant survival.

      (3)   The plant's conduciveness to boxing during the transplanting; tree spading will be allowed on a case-by-case basis.

      (4)   Ability of excavating existing soil, cohesiveness and ability to support a box transplant.

      (5)   Accessibility of surrounding topography to box and remove the plant(s).

      (6)   The likelihood that adjacent plants will not interfere with any root systems or with plant removal.

   (F)   Mitigation.

      (1)   Protected native plants harmed by on-site salvage and transplant, or damaged or destroyed during development shall be mitigated by 1-to-1 species replacement with a minimum 48-inch box size for trees and 10 foot minimum height for Saguaro cactus.

      (2)   Protected native plants that have been destroyed by an act of God shall not be subject to the mitigation replacement requirements as long as every effort to maintain the health of the plant has occurred.

   (G)   Inspections.

      (1)   All protected native plants scheduled to remain in place or authorized for destruction, removal or relocation by the approved landscape plan shall be tagged and numbered by the plant specialist prior to an on-site inspection by the Development Services Department staff. Salvage operations shall not commence until the Development Services Department staff has performed an inspection and given approval to begin salvage.

      (2)   Tags shall be color-coded according to the following schedule so that the status of each plant may be easily identified:

         (a)   Protected native plants proposed to remain in place shall be tagged with green plastic tape.

         (b)   Protected native plants proposed for relocation on-site shall be tagged with white plastic tape.

         (c)   Protected native plants proposed for destruction shall be tagged with red plastic tape.

         (d)   Non-protected native plants proposed for off-site relocation by the city shall be tagged with yellow plastic tape.

      (3)   Tags required by this section shall be affixed in a visible location on the plant. The initial inspection will be performed once tagging is completed and an inspection request has been received by the Development Services Department.

      (4)   Once attached, the tags shall not be removed until the approved landscape plan is implemented and a final inspection has been performed by the Development Services Development.

      (5)   All areas designated to remain as natural open space or protected native plants designated to remain in place shall be contained with a fence or a durable tape for protection during construction. The Director or designee may allow an alternative method to protect plants during construction. The applicant is responsible for maintaining this "no disturbance" boundary line, and no protected native plants within this protected area shall be salvaged or destroyed.

      (6)   The city may perform a nursery inspection to verify conditions of protected native plants during construction of the site.

      (7)   A final inspection shall be performed by the Development Services Department which verifies the required on-site relocation of salvaged plants to their new locations, and the required in-place preservation of protected native plants.

   (H)   Civil penalties.

      (1)   Any person who, individually or through the acts of another person, intentionally or negligently damages, destroys or removes from the

site any protected native plant, except as authorized by an approved landscape plan, shall be subject to a civil penalty based on the following:

         (a)   Protected native trees: up to $300 per caliper inch (measured 1 foot above ground level).

         (b)   Protected native cacti: $200 per foot.

         (c)   Maximum per plant: $5,000.

      (2)   Civil penalties shall be ordered by the Director of designee in accordance with administrative procedures established by the Director.

      (3)   Determination of the sum of money to be paid to the city pursuant to this section shall be based upon the type, size, density, distribution and condition of the protected native plant materials that existed on the property prior to the violation, or upon inspection of the remains of destroyed protected native plant materials or other physical evidence as may be available. Any party may appeal a civil penalty order to the City Manager or his or her designee by filing the appeal with the City Clerk's Department no later than 20 calendar days from the date of the Development Services Department's civil penalty determination. Within 5 working days, the City Manager or his or her designee shall hold a hearing on the matter. Within 5 working days after the hearing, the City Manager or his or her designee shall send a written determination to the appellant. This decision is final at the city level but can be appealed to the Pinal County Superior Court pursuant to A.R.S. §§ 12-904 et seq. in accordance with similar administrative appeals.

   (I)   Criminal penalties. In addition to the civil penalties referenced above, any violator of this chapter may be charged with a class one misdemeanor by the City Attorney's office. See criminal penalties under Vol. II, § 1-16-16.

(Ord. 1402, passed 5-6-2014)

   (A)   Conditional use permit modifications. The size, type and amount of required landscaping may be modified by CUP approval in accordance with Vol. II, § 1-16-12(D)(4).

   (B)   Board of Adjustment. Variances and appeals to the interpretation of the landscape standards shall be applied for and processed in accordance with Vol. II, § 1-16-5.

(Ord. 1402, passed 5-6-2014)

   (A)   Building permits. Building permits shall not be issued prior to Zoning Administrator approval of the required landscape plan.

   (B)   Certificate of occupancy. Certificates of occupancy shall not be issued prior to completion of landscape installation and acceptance by the Zoning Administrator, or the posting of the appropriate surety as provide in Vol. II, § 1-8-10. Compliance with this requirement shall be recorded in written form and released through the Zoning Administrator to the Building Official.