The intent of this article is to establish minimum standards for the design, installation, and maintenance of landscaping along public streets, as buffer areas between uses, on the interior of a site, within parking lots, and adjacent to buildings. Landscaping is viewed as a critical element contributing to the aesthetics, development quality, stability of property values and the overall character in the city. The standards of this article are also intended to provide incentives to preserve quality mature trees, screen headlights to reduce glare, integrate various elements of a site, help ensure compatibility between land uses, assist in directing safe and efficient traffic flow at driveways and within parking lots, and minimize negative impacts of stormwater runoff and salt spray.

The landscape standards of this article are considered the minimum necessary to achieve the intent. In several instances, the standards are intentionally flexible to encourage flexibility and creative design. Applicants are encouraged to provide additional landscaping to improve the function, appearance and value of their property.

A.

Plan required. Landscaping shall be included with any development plan or plot plan application reviewed by the city. A separate landscape plan shall be submitted at a minimum scale of one inch equals 40 feet. The landscape plan shall clearly describe the location, type, size, and spacing of all plant materials. It shall also include planting details and specifications clearly describing planting technique, material installation, planting mixtures, mulch, material depth, seed blends, and other necessary information.

B.

Installation and inspection. Wherever this ordinance requires landscaping or plant materials, it shall be planted within six months from the date of issuance of a certificate of occupancy and shall thereafter be reasonably maintained with permanent plant materials which may be supplemented with other plantings. The planning commission may require a performance guarantee to cover the cost of landscaping prior to issuing a certificate of occupancy.

Landscaping shall be installed in a sound manner according to generally accepted planting procedures with the quality of plant materials as hereinafter described. Landscaped areas shall be protected from vehicular encroachment by use of curbing. Landscaped areas shall be elevated above the pavement to a minimum height of eight inches to protect plant materials from snow removal operations, salt, and other hazards. If building or paving construction is completed in an off-planting season, a temporary certificate of occupancy may be issued only after the owner provides a performance bond to ensure installation of required landscaping in the next planting season.

An inspection of plant materials will be conducted by the planning director within three months of written notification of installation to release the performance guarantee.

C.

Plant material standards. It is the intent of this article that an interesting and thoughtful mixture of plantings shall be provided. Therefore, all required landscaping shall comply with the following minimum plant material standards, unless otherwise specified within this article. These standards may be varied by the planning commission when these established minimums will not serve the purpose and intent of this article.

1.

Plant quality. Plant materials permitted in required landscaped areas shall be nursery grown, hardy to the climate of northern Michigan, long-lived, resistant to disease and insect attack, and shall have orderly growth characteristics.

2.

Plant size specifications.

a.

Trees. Required trees shall be of the following sizes at the time of planting, unless otherwise stated in this article.

1)

Deciduous trees. Two and a half inch caliper minimum trunk measurement at four feet off the ground, with a minimum eight feet in height above grade when planted.

2)

Evergreen trees. Eight feet in height, with a minimum spread of three feet and the size of the burlapped root ball shall be at least ten times the caliper of the tree measured six inches above grade.

3)

Deciduous ornamental trees. One-inch caliper minimum at three feet off the ground, with a minimum height of six feet above grade when planted.

b.

Shrubs. Minimum 24 inches in height above planting grade.

c.

Hedges. Planted in such a manner as to form a continuous unbroken visual screen within two years after planting.

d.

Vines. Minimum of 30 inches in length after one growing season.

e.

Ground cover. Planted in such a manner as to present a finished appearance and reasonably complete coverage after one complete growing season.

f.

Grass. Planted in species normally grown as permanent lawns in Charlevoix County. Grass may be plugged, sprigged, seeded, or sodded, except that rolled sod, erosion reducing net, or suitable mulch shall be used in swales or other areas subject to erosion. Grass, sod, and seed shall be clean and free of weeds, noxious pests, and disease.

g.

Mulch material. Minimum of six inches deep for planted trees, shrubs, and vines, and shall be installed in a manner as to present a finished appearance.

3.

Approved plant species. Unless otherwise provided herein, or specifically permitted by the planning commission, all required plant materials shall be of the following species:

a.

Deciduous trees. Hard Maple, Oak, Beech, Ash, Ginko (maple only), Bradford Pear, Linden, Honeylocusts (thornless only).

b.

Evergreen trees. Fir, Spruce, Pine, Hemlock.

c.

Deciduous ornamental trees. Amur Maple, Dogwood, Redbud, Magnolia, Hicks Yew, Pfitzer Juniper, Ornamental Cherry, Viburnum, Flowering Crabapple.

d.

Shrubs. Honeysuckle, Lilac, Cotoneaster, Forsythia, Euonymus, Hydrangea, Privet, Alpine Currant, Barberry, Flowering Quince, Spreading Yews, Juniper, Burning Bush, Spiraea, Mugo Pine, Bayberry.

e.

Ground cover. Pachysandra, Spreading Juniper, Wintercreeper, Periwinkle, English Ivy.

4.

Prohibited plant materials. The following plant materials shall not be used for landscaping purposes under any circumstances because of susceptibility to storm damage, disease, or other undesirable characteristics: Box Elder, Silver Maples, American Elm, Horse Chestnut, Poplar, Aspen, Ailanthus, Catalpa, European Barberry.

Special provision is made for applying these standards to developed sites which existed prior to the city adopting landscaping requirements. Therefore, when an existing site is undergoing improvement, a change in use, or expansion, the objective of these standards is to gradually bring the existing site into compliance with the minimum standards of this article in relation to the extent of expansion or change on a site.

When reviewing plans for a change in use or expansion which requires development plan review, the planning director or body reviewing the plan shall require an upgrade in landscaping, using the following as guidelines:

A.

Each building expansion of one percent of gross floor area should include at least two percent of the landscaping required for new developments, or a minimum of 30 percent of the landscaping required for new developments, whichever is greater; [and]

B.

Landscaping along the street and as a buffer between adjacent land uses should take priority over parking lot and site landscaping. Where parking lot landscaping cannot be provided, additional landscaping along the street or in the buffer areas should be considered.

One of the following street landscaping options is required on land abutting city street rights-of-way or where otherwise referenced:

A.

Greenbelt. A greenbelt meeting the following standards:

1.

Minimum width of ten feet. The planning commission may permit the width of the greenbelt to be reduced in cases where existing conditions do not permit a ten-foot width and in the central business district (CBD), or transitional commercial district (TCD), where it is desirable to maintain a shallow front setback in keeping with the character of the CBD. In such cases, the greenbelt requirement may be met through the provision of street trees at the curb, or the provision of landscaping as required below;

2.

At least one deciduous tree (minimum 2½ inch caliper) and four minimum 24-inch high shrubs per each 40 lineal feet of street frontage. Location of the trees and shrubbery is discretionary (refer to section 23.45, general layout and design standards). In the CBD, additional canopy trees may be provided in lieu of the requirement for shrubs at the rate of one additional canopy tree for every four required shrubs;

3.

The greenbelt area shall contain grass, vegetation ground cover, four-inch shredded bark mulch, or six-inch-deep crushed stone on a weed barrier, excluding marble chips or lava rock, and curbed or edged as necessary. Steel, aluminum, or black plastic edging shall be used for any planting beds; [and]

4.

Where headlights from parked vehicles will shine into the roadway, the planning commission may require use of a totally obscuring hedge with a minimum height of 24 inches and a maximum height of 36 inches.

B.

Berms. A combination of a raised earth berm and plantings meeting the following standards:

1.

Minimum height of two feet with a crest at least three feet in width. The height of the berm may meander if the intent of this article is met and an appropriate screen is provided;

2.

The exterior face of the berm shall be constructed as an earthen slope, with a slope not to exceed one foot of vertical rise to three feet of horizontal distance (1:3). The interior face of the berm may be constructed as an earthen slope or retained by means of a wall, terrace, or other means acceptable to the planning director;

3.

At least one deciduous tree (minimum 2½ inch caliper) shall be provided for each 30 feet of lineal street berm length;

4.

At least one minimum 24-inch high shrub shall be provided for each 100 square feet of berm surface area (calculated from a plan view);

5.

Berm slopes shall be protected from erosion by sodding or seeding. If slopes are seeded, they shall be protected until the seed germinates and a permanent lawn is established by a straw mulch, hydro-mulching of netting specifically designed to control erosion; [and]

6.

The base of any signs placed within the berm shall be at, or below, the average grade along the berm.

C.

Buffer strip. A buffer strip may be required, particularly where the adjacent uses and those across the street are residential in character or less intense than the use of the subject site. The intent of the buffer strip is to have a minimum five-foot high obscuring area along side or rear lot lines, and an appropriate landscaped strip along front lot lines. A buffer strip shall meet the following requirements:

1.

Minimum width of ten feet;

2.

All trees shall be evergreens a minimum eight feet high at planting;

3.

The buffer planting area shall contain grass, vegetation ground cover, four-inch shredded bark mulch, or six-inch deep crushed stone on a weed barrier, excluding marble chips or lava rock, and curbed or edged as necessary. Steel, aluminum, or black plastic edging shall be used for any planting beds; [and]

_____

4.

The following species and planting spacings are recommended:

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For every new development, except in the rural estate district (RED), traditional residential district (TRD), waterfront residential district (WRD), manufactured housing park district (MHPD), central business district (CBD), there shall be interior landscaping areas exclusive of any other required landscaping consisting of at least ten percent of the total lot area. This landscaped area should be grouped near building entrances, along building foundations, along pedestrian walkways, and along service areas. All interior landscaping shall conform to the following:

A.

One deciduous (minimum 2½ inch caliper) or ornamental tree (minimum two-inch caliper) or evergreen tree (minimum five-foot height) shall be provided for every 400 square feet of required interior landscaping area;

B.

One 24-inch high shrub shall be provided for every 250 square feet of required interior landscaping area; [and]

C.

The interior landscaping area shall contain grass, vegetation ground cover, six-inch shredded bark mulch, or six-inch deep crushed stone on a weed barrier, excluding marble chips or lava rock, and curbed or edged as necessary. Steel, aluminum, or black plastic edging shall be used for any planting beds.

Within every parking area containing ten or more proposed spaces, at least one deciduous tree (2½ inch minimum caliper) and ornamental tree (minimum two-inch caliper if tree form, six-foot minimum height if clump form) with at least 100 square feet of planting area shall be used for every ten parking spaces, in addition to any other landscaping requirements. This landscaping shall meet the following standards:

A.

Landscaping shall be dispersed throughout the parking lot in order to break up large expanses of pavement and help direct smooth traffic flow within the lot;

B.

Landscaping shall be planned and installed such that, when mature, it does not obscure traffic signs or lighting, obstruct access to fire hydrants nor interfere with adequate motorist sight distance; [and]

C.

All landscaped areas, when adjacent to streets, driveway aisles, or parking areas, shall be curbed. Dimensions of separate landscaped areas within the interior of or adjacent to parking areas shall be shown on the development plan. Minimum width of such areas shall be ten feet; minimum radii shall be ten feet at ends facing main aisles and a minimum one foot for radii not adjacent to main circulation aisles. The length of these areas shall be two feet shorter than adjacent parking space to improve maneuvering. A parking space overhang of two feet may be used to widen a landscaped area and reduce the length of a parking space by two feet less than required by this ordinance.

Waste receptacles shall be located and screened in accordance with the standards of this or other city ordinances. Ground mounted mechanical equipment shall be screened with plant materials or a wall, when deemed necessary by the planning commission.

All plant material shall be hardy to the area, free of disease and insects, and conform to the American Standard for Nursery Stock of the American Association of Nurserymen. The overall landscape plan shall not contain more than 33 percent of any one plant species. The use of trees native to the area and northern Michigan, and mixture of trees from the same species association, is encouraged.

A.

Trees and shrubs for parking areas (or comparable species).

B.

Trees and shrubs for greenbelt and interior landscape areas (or comparable species).

C.

Salt resistant trees and shrubs (or comparable species).

D.

Trees and shrubs for shady areas (or comparable species).

E.

Trees not permitted (except where they are considered appropriate for the ecosystem, such as in a wetland environment not in proximity to any existing or proposed buildings or structures).

_____

F.

Plant material spacing: Plant materials used together in informal groupings shall meet the following on-center spacing requirements:

_____

A.

Landscaped areas and plant materials required by this ordinance shall be kept free from refuse and debris. Plant materials, including lawn, shall be maintained in a healthy growing condition, neat and orderly in appearance. If any plant material required by this ordinance dies or becomes diseased, they shall be replaced within 30 days of written notice from the planning director or within an extended time period as specified in said notice.

B.

Tree stakes, guy wires and tree wrap are to be removed after one year.

C.

All landscaped areas shall be provided with a readily available and acceptable water supply, or with at least one outlet located within 100 feet of all planted material to be maintained. Frontage landscaping, boulevard medians, interior parking lot landscaped areas, and other curbed landscaped areas shall be irrigated via an underground sprinkler system.

D.

Landscaping materials and arrangement shall ensure adequate sight visibility for motorists, adequate clearance for pedestrians and vehicles, and accessibility to fire hydrants, and shall not interfere with or obstruct the view of public viewsheds and sight lines from rights-of-way and public property to streams, lakes, and other waterways.

E.

Cul-de-sacs, site entrances and boulevard medians shall be landscaped with species tolerant of roadside conditions in northern Michigan.

F.

Landscaping within the site shall be approved in consideration of sight distance, size of planting area, location of sidewalks, maintenance of adequate overhead clearance, accessibility to fire hydrants, visibility to approved signs of adjacent uses, compatibility with the visual character of the surrounding area, maintenance-performance guarantee, and curbing around landscape areas.

G.

Plantings within 15 feet of a fire hydrant shall be no taller than six inches at maturity.

The city encourages the preservation of quality and mature trees by providing credits toward the required trees for greenbelts, buffer strips, interior landscaping, and within parking lots. Trees intended to be preserved shall be indicated with a special symbol on the development plan and be protected during construction through use of a fence around the drip line. Tree species, location, and caliper must be shown on the landscape plan. Tree protection measures must be shown and noted on the landscape plan. To obtain credit, the preserved trees shall be of a high quality and at least 2½ inches caliper. Trees to be preserved shall be counted for credit only if they are located on the developed portion of the site as determined by the planning commission. Trees over 12 inches in caliper to be removed shall be noted on the landscape plan.

The credit for preserved trees shall be as follows. Any preserved trees receiving credit which are lost within two years after construction shall replaced by the landowner with trees otherwise required.

Note: Caliper measurement for existing trees is the diameter at a height of 4.5 feet above the natural grade. (Diameter at Breast Height, D.B.H.)

The following trees are not eligible for preservation credits:

In those instances where the following conditions occur, the need for the wall or berm or similar type of landscaped buffer strip shall be determined by the planning commission.

A.

For those use districts and uses listed below, there shall be provided and maintained on those sides abutting or adjacent to a residential district an obscuring wall as required below (except as otherwise required).

B.

Required walls shall be located on the lot line except where underground utilities interfere or where there is a desire to install landscaping in order to break up the wall. In instances where this ordinance requires conformance with front yard setback lines in abutting residential districts where there is an established wall height and material acceptable to the city, the wall shall be continued on the subject site.

C.

Such walls and screening barrier shall have no openings for vehicular traffic or other purposes, except as otherwise provided in this ordinance and except such openings as may be approved by the planning director. All walls herein required shall be constructed of materials approved by the planning director to be durable, weather resistant, rustproof and easily maintained; and, wood or wood products shall be specifically excluded. Materials shall be compatible with surrounding building materials, including but not limited to brick or stone.

Masonry walls may be constructed with openings which do not in any square section (height and width) exceed 20 percent of the surface. Where walls are so pierced, the openings shall be so spaced as to maintain the obscuring character required, and shall not reduce the minimum height requirement. The arrangement of the openings shall be reviewed and approved by the planning director.

D.

The city may approve a three to four-foot high heavily landscaped berm (as determined by the planning commission) as an alternative to a wall upon finding the landscaped berm will provide a similar screening effect.

The planning commission may determine existing landscaping or screening intended to be preserved, or a different landscape design, would provide all or part of the required landscaping and screening. In making such a determination to waive or reduce the landscape and screening requirements of this article, the following may be considered:

A.

[The] extent that existing natural vegetation provides desired screening;

B.

There is a steep change in topography which would limit the benefits of required landscaping;

C.

The presence of existing wetlands;

D.

Existing and proposed building placement;

E.

The abutting or adjacent land is developed or planned by the city for a use other than residential;

F.

Building heights and views;

G.

The adjacent residential district is over 200 feet away from the subject site; [and]

H.

Similar conditions to the above exist such that no good purpose would be served by providing the landscaping or screening required.