LANDSCAPING
* Ordinance history: Ord. 5-91, as amended by Ords. 14-98 and 26-99.
Editor's note: Section 1 of Ord. No. 7-10, adopted April 6, 2010, retitled Appendix B, Landscaping Application, to read as herein set out.
Goal.
To beautify and improve the quality of life within the city.
Objectives.
The landscaping procedures and provisions for the city are designed to meet the following objectives:
A.
To encourage quality development within the city;
B.
To provide a smooth transition between adjoining properties;
C.
To screen service yards, parking lots, and other areas which tend to be a nuisance;
D.
To improve erosion control;
E.
To encourage a sense of commitment to the city and its residents on the part of developers, schools, and government agencies; and
F.
To provide for the health, safety and welfare of the residents of the city.
Definition.
Landscaping means the use of vegetation and inorganic durable materials such as those identified below, to enhance the visual attractiveness of a site and improve erosion control.
For the purposes of satisfying the city subdivision and zoning ordinance, landscaping shall include, but not be limited to, the following:
A.
Formal turf areas;
B.
Trees, shrubs, bushes, ground cover or planting;
C.
Sprinkler systems;
D.
Decorative rock, natural or manmade;
E.
Rooftop gardens, exposed aggregate tile or similar decorative materials used in walkways, excluding sidewalks on public property, driveway approaches, and any architectural features attached to the building;
F.
Decorative lighting (standard street lighting or lighting used primarily for security purposes is not considered decorative);
G.
Benches, tables, fountains, planters, kiosks, and public transit shelters, waterfalls, and manmade streams;
H.
Decorative fences, retaining walls, i.e., railroad ties, brick, flagstone;
I.
Ponds, excluding detention and retention ponds;
J.
Berms and mounds.
Procedures.
A.
A detailed landscaping plan shall be submitted for city approval as a part of all site plan applications, according to the procedures set forth in Section 17.12.150 of the Casper Municipal Code. A complete detailed landscaping plan consists of:
1.
A complete, itemized listing of all landscape materials and plants, and final locations of all landscaping materials;
2.
One copy of a landscaping plan (attached as a separate sheet), for every site plan submitted to the community development department for approval. Said landscaping plan shall show, at a minimum, all information required under the section entitled "Landscaping Criteria" in Appendix B of Title 17.
B.
Upon approval of a landscaping plan as a part of a site plan application, the owner shall enter into a site plan agreement with the city addressing all required obligations of the parties, including, but not limited to, landscaping. Said site plan agreement shall address the types, sizes and locations of all landscaping materials.
(Ord. No. 7-10, §§ 2—4, 4-6-2010)
Landscaping Criteria.
The landscaping plan must comply with the following criteria:
A.
Minimum size of plant and other materials shall comply with the criteria and specifications set forth in Building Casper's Urban Forest, A Tree and Shrub Selection and Care Guide.
B.
Inorganic ground cover shall consist of rock, decorative pavers or wood fiber.
1.
If wood fiber is utilized, it shall be a minimum of two inches in depth.
2.
If rock is utilized, it shall be a minimum of one inch in size and a minimum of two inches in depth.
C.
Total inorganic landscaping shall not constitute more than sixty percent of the landscaped area of the land under consideration unless otherwise approved by the community development director. Vegetated areas left in a "natural" state shall not count toward fulfillment of the applicant's minimum landscaping requirements; however, natural areas may be utilized to satisfy the city's minimum "open-space" requirements in a PUD (Planned Unit Development).
D.
Landscaping of off-street parking lots and loading and unloading spaces shall be located so as to break up the expanse of the paving, and shall be of such quality as to improve and enhance the site and its surrounding area. Parking lots of more than fifteen spaces shall have interior planting areas (landscape islands). Parking lot landscape islands shall be located at the ends of each row of parking (one double island to be located at the end of a double row of parking), and generally every fifteen spaces within a row. Each planter area shall be a minimum of six feet in width by eighteen feet in length (one hundred eight square feet in area), and shall contain at least two trees, or one tree and two shrubs. Parking lot landscape islands and perimeter buffer strips may be included in the minimum percentage of the land to be landscaped computation. The total landscaping to be provided need not exceed the minimum percentage outlined in the minimum landscaping percentages table within this section.
E.
Landscaping shall be required along the perimeter lot line(s) of all off-street parking lots which abut any public way, residential property, or property zoned for a less intensive use. Parking lots of one or more acres in size shall be buffered by a landscaping strip, at least ten feet in width, which shall be located between the parking area and the abutting property or roadway and may encroach on the abutting street right-of-way. The minimum width of the required landscaping strip for parking lots less than an acre in size shall be five feet. The plant materials in said parking lot landscaping strips shall be of a height and density to partially screen the parking lots from adjoining properties or public streets. Planting of trees along street frontages shall be required. Trees shall have a maximum spacing requirement of one tree every forty feet. In parking lots with more than one hundred parking spaces, one continuous walkway per customer entrance is required to provide pedestrian access through the parking lot. Said sidewalk shall be a minimum of five feet in width, with a landscaping strip on each side providing a separation from the adjacent parking spaces. The walkway shall extend from the customer entrance to the farthest extent of the parking lot, and shall connect with the adjacent street sidewalk, if existing. Parking lot landscape islands and perimeter buffer strips may be included in the minimum percentage of the land to be landscaped computation. The total landscaping to be provided need not exceed the minimum percentage outlined in the minimum landscaping percentages table within this section.
F.
No artificial trees, bushes, hedges, flowers, or shrubs may be used in landscaping any exterior areas, unless having received prior written approval from the community development director.
G.
No synthetic ground cover, such as astroturf, is to be used for exterior landscaping unless warranted by soil conditions and unless prior written approval has been received from the community development director.
H.
All planted areas must be provided with sprinkler or drip irrigation systems.
I.
The owner or occupant, his successors and assigns, are responsible for irrigating, fertilizing, spraying, pruning, and general maintenance of all plantings and landscaped areas. After twenty-four months, the owner or occupant, his successor and assigns, may substitute alternate landscaping upon approval by the community development director.
J.
Upon demand of the city manager or his designee, the owner shall replace and replant any plant material approved with the site plan that dies, or is not in conformity with the approved landscaping plan. The requirement to replace plant material shall not be assessed to the owner of a vacant property until such time as an active commercial or residential use is established on that property.
K.
Landscaping shall not:
1.
Interfere with the installation, maintenance and repair of any public utilities;
2.
Restrict pedestrian or vehicular access; or
3.
Constitute a traffic hazard (See Figure 17.12.120 Corner Obstructions Diagram).
L.
The owner shall attempt to use the list of recommended plantings found in Appendix B of Title 17, entitled "Plants Conducive to Growth in Casper Area" when selecting landscaping materials.
M.
A minimum percentage of the site shall be landscaped as detailed in Appendix B of Title 17, entitled "Minimum Landscaping Percentages."
N.
The landscape plan shall be prepared by a landscape architect, landscape contractor, or other qualified person.
O.
The landscape plan must be prepared on a scale of one inch equals ten feet or a multiple thereof and must include:
1.
North arrow, scale and date of preparation;
2.
Common address and location of land under consideration;
3.
Location and width of all interior and abutting roads, highways, rights-of-way and railroad rights-of-way;
4.
Easements on the land under consideration;
5.
Adjoining property lines;
6.
The location, type, and size of all existing plant materials, specifying whether the materials are to remain on the site;
7.
The location, type, size and quantity of proposed plant and other landscaping materials;
8.
A written statement specifying the percentage of total landscaped area that is dedicated to both irrigated, organic landscaping, and inorganic, non-irrigated landscaping materials; and
9.
All other significant features.
P.
All landscaping shall consist of a variety of species to enhance biodiversity. The use of water-efficient landscape materials and design (xeriscaping) is encouraged.
Q.
Since trees are beneficial to the city of Casper for multiple reasons, including the mitigation of the "heat island effect," trees are a strongly encouraged component of every landscape plan. Furthermore, applicants shall, as a priority, take reasonable precautions to protect and retain existing trees on development sites. Applicants will be given credit for the mature canopy area of both existing and proposed trees toward the city's minimum landscaping percentage requirements.
(Ord. No. 7-10, § 5, 4-6-2010)
Exemptions.
A.
The community development director may permit an exemption from installing landscaping on a site if any one of the following criteria is met:
1.
If the development is located in the C-3 (Central Business) zoning district, and the existing or proposed development pattern precludes the installation of landscaping on-site;
2.
If the development site does not have public water service; or
3.
If the development site lacks adequate or practical space for landscaping.
B.
If an applicant meets any one of the three criteria for landscaping exemptions, and upon written approval of the community development director, applicant shall, prior to the issuance of a building permit, pay the city a fee in lieu of providing landscaping on site. The "in-lieu-of fee" can be applied to offset either all, or a portion of, the entire landscaping requirement. All "in-lieu-of fees" collected by the city shall be utilized for costs associated with installing landscaping on publicly controlled property, such as parks, trails, intersections, or street rights-of-way. The amount of the "in-lieu-of fee" for landscaping shall be determined as follows:
Commercial: 8% of the (building permit) valuation of the structure(s)
Industrial: 5% of the (building permit) valuation of the structure(s)
Multi-family residential: 7% of (building permit) valuation of the structure(s)
(Ord. No. 7-10, § 6, 4-6-2010)
Performance Security.
A.
All on-site landscaping shall be completed prior to the issuance of a certificate of occupancy, If the landscaping cannot be completed prior to the issuance of a certificate of occupancy, the property owner may request, in writing, an extension not exceeding six months. If the request demonstrates that as a result of conditions beyond the control of the applicant the landscaping cannot be completed, the community development director is authorized to grant the owner's request for an extension. Once an extension is granted, the building official may issue a certificate of occupancy for the structure.
B.
In the case of an extension granted by the community development director for the installation of landscaping, the owner is required to post, with the city, a performance security in the form of a bond, cash, letter of credit, or other form acceptable to the city. The posted amount shall be in an amount of no less than one hundred twenty-five percent of an itemized estimate prepared by a landscape architect or professional landscaping contractor, for all landscaping material and installation costs necessary to comply with the approved landscaping plan. The community development director shall have the discretion to determine if the amount of the itemized estimate is reasonable, and may request subsequent written estimates to verify the accuracy and validity of the original estimate.
C.
In the case of an extension granted by the community development director for the installation of landscaping, the performance security shall be submitted to the city and accepted by the community development director prior to the issuance of the certificate of occupancy.
D.
In the case of an extension granted by the community development director for the installation of landscaping, all landscaping shall be completed within six months of the issuance of the certificate of occupancy. If said landscaping is not completed within six months, and/or is not in substantial compliance with the approved landscaping plan, the performance security shall be subject to forfeiture to the city. The city shall have the right to utilize the forfeited funds to install and/or replace the required landscaping.
E.
If the owner is granted an extension by the community development director for the installation of landscaping, the owner shall, prior to the issuance of the certificate of occupancy, grant the city express written permission to enter upon the site to cause the installation of required landscaping if said landscaping has not been completed within six months of the effective date of the certificate of occupancy, and/or if said landscaping is not in substantial compliance with the approved landscaping plan.
F.
The owner shall notify the community development director, in writing, upon completion of the required landscaping. Once the installed landscaping is determined to be acceptable by the community development director, and a letter of completion is issued, the city shall release the applicant's surety.
(Ord. No. 7-10, § 7, 4-6-2010; Res. No. 10-171, 6-15-2010)
(Ord. No. 7-10, § 9, 4-6-2010)
(Ord. No. 7-10, §§ 10—12, 4-6-2010)
LANDSCAPING
* Ordinance history: Ord. 5-91, as amended by Ords. 14-98 and 26-99.
Editor's note: Section 1 of Ord. No. 7-10, adopted April 6, 2010, retitled Appendix B, Landscaping Application, to read as herein set out.
Goal.
To beautify and improve the quality of life within the city.
Objectives.
The landscaping procedures and provisions for the city are designed to meet the following objectives:
A.
To encourage quality development within the city;
B.
To provide a smooth transition between adjoining properties;
C.
To screen service yards, parking lots, and other areas which tend to be a nuisance;
D.
To improve erosion control;
E.
To encourage a sense of commitment to the city and its residents on the part of developers, schools, and government agencies; and
F.
To provide for the health, safety and welfare of the residents of the city.
Definition.
Landscaping means the use of vegetation and inorganic durable materials such as those identified below, to enhance the visual attractiveness of a site and improve erosion control.
For the purposes of satisfying the city subdivision and zoning ordinance, landscaping shall include, but not be limited to, the following:
A.
Formal turf areas;
B.
Trees, shrubs, bushes, ground cover or planting;
C.
Sprinkler systems;
D.
Decorative rock, natural or manmade;
E.
Rooftop gardens, exposed aggregate tile or similar decorative materials used in walkways, excluding sidewalks on public property, driveway approaches, and any architectural features attached to the building;
F.
Decorative lighting (standard street lighting or lighting used primarily for security purposes is not considered decorative);
G.
Benches, tables, fountains, planters, kiosks, and public transit shelters, waterfalls, and manmade streams;
H.
Decorative fences, retaining walls, i.e., railroad ties, brick, flagstone;
I.
Ponds, excluding detention and retention ponds;
J.
Berms and mounds.
Procedures.
A.
A detailed landscaping plan shall be submitted for city approval as a part of all site plan applications, according to the procedures set forth in Section 17.12.150 of the Casper Municipal Code. A complete detailed landscaping plan consists of:
1.
A complete, itemized listing of all landscape materials and plants, and final locations of all landscaping materials;
2.
One copy of a landscaping plan (attached as a separate sheet), for every site plan submitted to the community development department for approval. Said landscaping plan shall show, at a minimum, all information required under the section entitled "Landscaping Criteria" in Appendix B of Title 17.
B.
Upon approval of a landscaping plan as a part of a site plan application, the owner shall enter into a site plan agreement with the city addressing all required obligations of the parties, including, but not limited to, landscaping. Said site plan agreement shall address the types, sizes and locations of all landscaping materials.
(Ord. No. 7-10, §§ 2—4, 4-6-2010)
Landscaping Criteria.
The landscaping plan must comply with the following criteria:
A.
Minimum size of plant and other materials shall comply with the criteria and specifications set forth in Building Casper's Urban Forest, A Tree and Shrub Selection and Care Guide.
B.
Inorganic ground cover shall consist of rock, decorative pavers or wood fiber.
1.
If wood fiber is utilized, it shall be a minimum of two inches in depth.
2.
If rock is utilized, it shall be a minimum of one inch in size and a minimum of two inches in depth.
C.
Total inorganic landscaping shall not constitute more than sixty percent of the landscaped area of the land under consideration unless otherwise approved by the community development director. Vegetated areas left in a "natural" state shall not count toward fulfillment of the applicant's minimum landscaping requirements; however, natural areas may be utilized to satisfy the city's minimum "open-space" requirements in a PUD (Planned Unit Development).
D.
Landscaping of off-street parking lots and loading and unloading spaces shall be located so as to break up the expanse of the paving, and shall be of such quality as to improve and enhance the site and its surrounding area. Parking lots of more than fifteen spaces shall have interior planting areas (landscape islands). Parking lot landscape islands shall be located at the ends of each row of parking (one double island to be located at the end of a double row of parking), and generally every fifteen spaces within a row. Each planter area shall be a minimum of six feet in width by eighteen feet in length (one hundred eight square feet in area), and shall contain at least two trees, or one tree and two shrubs. Parking lot landscape islands and perimeter buffer strips may be included in the minimum percentage of the land to be landscaped computation. The total landscaping to be provided need not exceed the minimum percentage outlined in the minimum landscaping percentages table within this section.
E.
Landscaping shall be required along the perimeter lot line(s) of all off-street parking lots which abut any public way, residential property, or property zoned for a less intensive use. Parking lots of one or more acres in size shall be buffered by a landscaping strip, at least ten feet in width, which shall be located between the parking area and the abutting property or roadway and may encroach on the abutting street right-of-way. The minimum width of the required landscaping strip for parking lots less than an acre in size shall be five feet. The plant materials in said parking lot landscaping strips shall be of a height and density to partially screen the parking lots from adjoining properties or public streets. Planting of trees along street frontages shall be required. Trees shall have a maximum spacing requirement of one tree every forty feet. In parking lots with more than one hundred parking spaces, one continuous walkway per customer entrance is required to provide pedestrian access through the parking lot. Said sidewalk shall be a minimum of five feet in width, with a landscaping strip on each side providing a separation from the adjacent parking spaces. The walkway shall extend from the customer entrance to the farthest extent of the parking lot, and shall connect with the adjacent street sidewalk, if existing. Parking lot landscape islands and perimeter buffer strips may be included in the minimum percentage of the land to be landscaped computation. The total landscaping to be provided need not exceed the minimum percentage outlined in the minimum landscaping percentages table within this section.
F.
No artificial trees, bushes, hedges, flowers, or shrubs may be used in landscaping any exterior areas, unless having received prior written approval from the community development director.
G.
No synthetic ground cover, such as astroturf, is to be used for exterior landscaping unless warranted by soil conditions and unless prior written approval has been received from the community development director.
H.
All planted areas must be provided with sprinkler or drip irrigation systems.
I.
The owner or occupant, his successors and assigns, are responsible for irrigating, fertilizing, spraying, pruning, and general maintenance of all plantings and landscaped areas. After twenty-four months, the owner or occupant, his successor and assigns, may substitute alternate landscaping upon approval by the community development director.
J.
Upon demand of the city manager or his designee, the owner shall replace and replant any plant material approved with the site plan that dies, or is not in conformity with the approved landscaping plan. The requirement to replace plant material shall not be assessed to the owner of a vacant property until such time as an active commercial or residential use is established on that property.
K.
Landscaping shall not:
1.
Interfere with the installation, maintenance and repair of any public utilities;
2.
Restrict pedestrian or vehicular access; or
3.
Constitute a traffic hazard (See Figure 17.12.120 Corner Obstructions Diagram).
L.
The owner shall attempt to use the list of recommended plantings found in Appendix B of Title 17, entitled "Plants Conducive to Growth in Casper Area" when selecting landscaping materials.
M.
A minimum percentage of the site shall be landscaped as detailed in Appendix B of Title 17, entitled "Minimum Landscaping Percentages."
N.
The landscape plan shall be prepared by a landscape architect, landscape contractor, or other qualified person.
O.
The landscape plan must be prepared on a scale of one inch equals ten feet or a multiple thereof and must include:
1.
North arrow, scale and date of preparation;
2.
Common address and location of land under consideration;
3.
Location and width of all interior and abutting roads, highways, rights-of-way and railroad rights-of-way;
4.
Easements on the land under consideration;
5.
Adjoining property lines;
6.
The location, type, and size of all existing plant materials, specifying whether the materials are to remain on the site;
7.
The location, type, size and quantity of proposed plant and other landscaping materials;
8.
A written statement specifying the percentage of total landscaped area that is dedicated to both irrigated, organic landscaping, and inorganic, non-irrigated landscaping materials; and
9.
All other significant features.
P.
All landscaping shall consist of a variety of species to enhance biodiversity. The use of water-efficient landscape materials and design (xeriscaping) is encouraged.
Q.
Since trees are beneficial to the city of Casper for multiple reasons, including the mitigation of the "heat island effect," trees are a strongly encouraged component of every landscape plan. Furthermore, applicants shall, as a priority, take reasonable precautions to protect and retain existing trees on development sites. Applicants will be given credit for the mature canopy area of both existing and proposed trees toward the city's minimum landscaping percentage requirements.
(Ord. No. 7-10, § 5, 4-6-2010)
Exemptions.
A.
The community development director may permit an exemption from installing landscaping on a site if any one of the following criteria is met:
1.
If the development is located in the C-3 (Central Business) zoning district, and the existing or proposed development pattern precludes the installation of landscaping on-site;
2.
If the development site does not have public water service; or
3.
If the development site lacks adequate or practical space for landscaping.
B.
If an applicant meets any one of the three criteria for landscaping exemptions, and upon written approval of the community development director, applicant shall, prior to the issuance of a building permit, pay the city a fee in lieu of providing landscaping on site. The "in-lieu-of fee" can be applied to offset either all, or a portion of, the entire landscaping requirement. All "in-lieu-of fees" collected by the city shall be utilized for costs associated with installing landscaping on publicly controlled property, such as parks, trails, intersections, or street rights-of-way. The amount of the "in-lieu-of fee" for landscaping shall be determined as follows:
Commercial: 8% of the (building permit) valuation of the structure(s)
Industrial: 5% of the (building permit) valuation of the structure(s)
Multi-family residential: 7% of (building permit) valuation of the structure(s)
(Ord. No. 7-10, § 6, 4-6-2010)
Performance Security.
A.
All on-site landscaping shall be completed prior to the issuance of a certificate of occupancy, If the landscaping cannot be completed prior to the issuance of a certificate of occupancy, the property owner may request, in writing, an extension not exceeding six months. If the request demonstrates that as a result of conditions beyond the control of the applicant the landscaping cannot be completed, the community development director is authorized to grant the owner's request for an extension. Once an extension is granted, the building official may issue a certificate of occupancy for the structure.
B.
In the case of an extension granted by the community development director for the installation of landscaping, the owner is required to post, with the city, a performance security in the form of a bond, cash, letter of credit, or other form acceptable to the city. The posted amount shall be in an amount of no less than one hundred twenty-five percent of an itemized estimate prepared by a landscape architect or professional landscaping contractor, for all landscaping material and installation costs necessary to comply with the approved landscaping plan. The community development director shall have the discretion to determine if the amount of the itemized estimate is reasonable, and may request subsequent written estimates to verify the accuracy and validity of the original estimate.
C.
In the case of an extension granted by the community development director for the installation of landscaping, the performance security shall be submitted to the city and accepted by the community development director prior to the issuance of the certificate of occupancy.
D.
In the case of an extension granted by the community development director for the installation of landscaping, all landscaping shall be completed within six months of the issuance of the certificate of occupancy. If said landscaping is not completed within six months, and/or is not in substantial compliance with the approved landscaping plan, the performance security shall be subject to forfeiture to the city. The city shall have the right to utilize the forfeited funds to install and/or replace the required landscaping.
E.
If the owner is granted an extension by the community development director for the installation of landscaping, the owner shall, prior to the issuance of the certificate of occupancy, grant the city express written permission to enter upon the site to cause the installation of required landscaping if said landscaping has not been completed within six months of the effective date of the certificate of occupancy, and/or if said landscaping is not in substantial compliance with the approved landscaping plan.
F.
The owner shall notify the community development director, in writing, upon completion of the required landscaping. Once the installed landscaping is determined to be acceptable by the community development director, and a letter of completion is issued, the city shall release the applicant's surety.
(Ord. No. 7-10, § 7, 4-6-2010; Res. No. 10-171, 6-15-2010)
(Ord. No. 7-10, § 9, 4-6-2010)
(Ord. No. 7-10, §§ 10—12, 4-6-2010)