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Clovis City Zoning Code

CHAPTER 17

50 - LANDSCAPING AND SCREENING

17.50.010 - Purposes.

The landscaping and screening regulations of this chapter establish minimum requirements for landscaping and screening. The regulations are intended to advance the general purposes of this UDO and to help:

A.

Maintain and enhance the city's appearance;

B.

Mitigate possible adverse impacts of higher intensity land uses abutting lower intensity land uses;

C.

Reduce the impacts of noise and glare;

D.

Maintain and improve air quality;

E.

Protect surface water quality and reduce the negative impacts of stormwater runoff by reducing impervious surface area and providing vegetated areas that filter and retain greater amounts of stormwater on-site;

F.

Moderate heat by providing shade;

G.

Encourage wise use of water resources;

H.

Encourage preservation and replacement of existing trees and landscaping; and

I.

Encourage greater use of low-impact development practices.

(Ord. No. 2122-2019, § 3, 6-20-19).

17.50.020 - Principles.

The regulations of this chapter will be interpreted, administered and enforced in accordance with the following general principles:

A.

Preservation of existing trees, shrubs, rock formations, and other natural site features is a top priority and is strongly encouraged.

B.

Trees, shrubs and groundcover must be the primary sources of landscaping and must be installed and maintained to reduce stormwater runoff and ensure safe visibility at intersections and points of vehicular access.

C.

The design of landscape areas to promote low-impact development practices (e.g., bioretention basins, rain gardens, filter strips, and grassed swales) is strongly encouraged and may be used to satisfy the landscaping regulations of this UDO.

D.

The alternative compliance provisions of 17.50.100.D are intended to accommodate creativity in landscape and screening design and address site-specific barriers that prevent strict compliance with the regulations of this chapter.

(Ord. No. 2122-2019, § 3, 6-20-19).

17.50.030 - Applicability.

The landscaping and screening regulations of this chapter apply as set forth in the individual sections of this chapter. The following are expressly exempt from the landscaping and screening regulations of this chapter:

A.

Agricultural uses;

B.

Public parks and open spaces;

C.

Household living uses consisting of a single household on one lot or two households on one lot (existing or proposed); and

D.

Reconstruction of any building that is damaged or destroyed by tornadoes, straight-line winds, ice storms, accidental fire, floods, hail, lightning, or other forces beyond the reasonable control of the property owner.

(Ord. No. 2122-2019, § 3, 6-20-19).

17.50.040 - Setbacks.

A.

General. The setback areas required by this UDO must be landscaped, except where they are:

1.

Occupied by approved structures or paving;

2.

Screened from public view; or

3.

Retained in their natural vegetated state.

B.

Unused Areas. Any area of a site not intended for a specific use, including a commercial pad site intended for future development, must be landscaped unless retained in its natural vegetated state.

C.

Trees and Shrubs. At least one tree and five shrubs must be provided per site or per each one thousand five hundred square feet of required setback area, which results in more trees and shrubs. If required setback areas exceed five percent of the gross site area, tree and shrub planting requirements do not apply to areas that exceed five percent of the site's gross area. Trees and shrubs required pursuant to this section must be installed in required street yard areas to the maximum extent feasible.

(Ord. No. 2122-2019, § 3, 6-20-19).

17.50.050 - Interior parking lot landscaping.

A.

Purpose. The interior parking lot landscaping regulations of this section are intended to help mitigate the visual and stormwater runoff impacts of parking lots and provide shade for parked vehicles and pedestrians.

B.

Applicability. Unless otherwise expressly stated, the interior parking lot landscaping regulations of this section apply to all the following:

1.

The construction of any new principal building or addition to a principal building that increases the floor area of principal buildings on the subject lot by more than twenty percent;

2.

The construction or installation of any new parking lot containing ten or more parking spaces; and

3.

The expansion of any existing parking lot that increases the number of parking spaces or amount of paved area by more than thirty-three percent.

C.

Exception. Parking areas used solely for the display of motor vehicles for sale, lease or rental are exempt from the interior parking lot landscaping requirements of this section.

D.

Requirements.

1.

Landscape Area.

a.

At least thirty square feet of interior parking lot landscape area must be provided for each parking space. If compliance with this regulation would result in the loss of required parking spaces, the amount of parking required is automatically reduced by the amount needed to accommodate the required interior parking lot landscape area.

b.

When at least fifty percent of interior parking lot landscape area consists of depressed bioretention areas used for stormwater management, the minimum interior parking lot landscape area requirement is reduced from thirty square feet per parking space to twenty-five square feet per parking space. To receive this bioretention credit, the stormwater harvesting area must be at least six inches and not more than eighteen inches in depth and planted with vegetation that can withstand periodic inundation.

2.

Trees and Plant Material. Required interior parking lot landscape areas must include at least one large tree per ten parking spaces. Minimum tree planting requirements may be satisfied by the installation of new trees or by the preservation of existing trees (in accordance with 17.50.080.B.2.b).

3.

Location and Design.

a.

Interior parking lot landscaping must be reasonably distributed throughout the parking lot and provided in landscape islands or medians that comply with all of the following requirements:

(1)

They must be bordered by a paved surface on at least two sides;

(2)

They must be at least six feet wide, as measured from the back of the curb;

(3)

They must include at least one tree or shrub per island and be covered with ground cover plants or mulch;

(4)

They must be protected by curbs or other barriers, which may include breaks or inlets to allow stormwater runoff to enter the landscape island; and

b.

Parking rows that end abutting a paved driving surface must have a landscape terminal island (end cap) at that end of the parking row. All other parking lot landscape islands must be located to comply with all applicable regulations of this section.

c.

The director of building safety is expressly authorized to approve landscape plans that do not provide terminal islands at the end of each parking row or that otherwise provide for reduced dispersal of interior parking lot landscape areas when proposed landscape planting areas are combined to form functional bioretention areas or to preserve existing trees and vegetation.

4.

Vehicle Overhangs. A portion of a motor vehicle parking space may be landscaped instead of paved to meet interior parking lot landscaping requirements. The landscaped area may be up to two and one-half feet of the front of the space, as measured from a line parallel to the direction of the bumper of the vehicle using the space. Groundcover plants or mulch must be provided in the allowed overhang area.

5.

Materials, Installation and Maintenance. See 17.50.080 and 17.50.090.

FIGURE 50-1: INTERIOR PARKING LOT LANDSCAPING (EXAMPLE)
FIGURE 50-1: INTERIOR PARKING LOT LANDSCAPING (EXAMPLE)

(Ord. No. 2122-2019, § 3, 6-20-19).

17.50.060 - Vehicular use area buffers.

A.

Purpose. The vehicular use area buffer regulations of this section are intended to help mitigate the visual and operational impacts of parking lots and other vehicular use areas when such areas are adjacent to streets or residential zoning districts.

B.

Applicability. Unless otherwise expressly stated, the vehicular use area buffer regulations of this section apply to all the following:

FIGURE 50-2: STREET
FRONTAGE BUFFER
FIGURE 50-2: STREET FRONTAGE BUFFER

1.

The construction or installation of any new vehicular use area with a contiguous paved area of three thousand five hundred square feet or more; and

2.

The expansion of any existing vehicular use area that results in the addition of three thousand five hundred square feet of paved area, in which case the vehicular use area perimeter landscaping requirements of this section apply only to the expanded area.

C.

Requirements.

1.

Street Frontage Buffers.

a.

When a vehicular use area is located adjacent to a street right-of-way, street frontage buffers must be provided in accordance with the regulations of this subsection to physically and visually buffer the vehicular use area from the right-of-way.

b.

Street frontage buffers are required only when the vehicular use area is located within one hundred feet of the right-of-way and there are no intervening buildings between the vehicular use area and the right-of-way.

c.

Except as expressly stated for vehicular use areas in the CBD zoning district (see 17.50.060.C.1.e), street frontage buffers must be at least seven feet in width and be planted with at least one tree per thirty linear feet of buffer area. An S1 low-profile screen must also be provided within the street frontage buffer, in accordance 17.50.070.C.1.

d.

Trees planted to satisfy the setback area landscape requirements of 17.50.040 may be counted toward satisfying tree planting requirements within street frontage buffers.

e.

In the CBD zoning district, required street frontage buffers must be at least three feet in width.

f.

Groundcover plants or mulch must be provided in all street frontage buffer areas that are not covered by fences or walls.

g.

The vehicle overhang allowance described in 17.50.050.D.4 applies to parking spaces abutting street frontage buffer areas.

2.

R District Buffers.

a.

When a vehicular use area is located adjacent to an R-zoned lot, an R district buffer must be provided in the form of an F1 screen, in accordance with 17.50.070.C.2.

b.

R district buffers are required only when the vehicular use area is located within one hundred feet of an abutting R-zoned lot and there are no intervening buildings between the vehicular use area and the abutting R-zoned lot.

c.

Groundcover plants or mulch must be provided in all R district buffer areas that are not covered by fences or walls.

FIGURE 50-3: R DISTRICT BUFFER
FIGURE 50-3: R DISTRICT BUFFER

d.

The vehicle overhang allowance described in 17.50.050.D.4 applies to parking spaces abutting R district buffers.

3.

Materials, Installation and Maintenance. See 17.50.080 and 17.50.090.

(Ord. No. 2122-2019, § 3, 6-20-19).

17.50.070 - Screening.

A.

Purpose. Screening requirements are intended to partially or completely shield expressly identified uses and site features from view of abutting streets or other abutting lots.

B.

Features Required to be Screened.

1.

General. This subsection establishes screening requirements for several common site features that require visual separation from streets and abutting lots. Other uses, districts, structures and activity areas may also require screening in accordance with other provisions of this UDO.

2.

Dumpsters and Recyclable Material Bins. All dumpsters and recyclable material bins must be screened from view of the street and all abutting properties. Required screening must consist of an opaque fence or wall with a minimum height of six feet. One side of the storage area must be furnished with an opaque, lockable gate.

FIGURE 50-4: DUMPSTER AND RECYCLING BIN SCREENING
FIGURE 50-4: DUMPSTER AND RECYCLING BIN SCREENING

3.

Mechanical Equipment.

a.

Ground-mounted Equipment. Mechanical equipment located at ground level, such as heating or cooling equipment, pumps, or generators must be screened from view of the street and any abutting R districts by walls, fences or vegetation. Screening must be at least as tall as the tallest part of the equipment required to be screened.

FIGURE 50-5: SCREENING OF
GROUND-MOUNTED EQUIPMENT
FIGURE 50-5: SCREENING OF GROUND-MOUNTED EQUIPMENT

b.

Roof-mounted Equipment. Mechanical equipment placed on roofs must be screened in one of the following ways, if the equipment is within fifty feet of an R zoning district:

(1)

A parapet along facades facing the R district that is as least as tall as the tallest part of the equipment;

(2)

A screening fence or wall around the equipment that is as least as tall as the tallest part of the equipment required to be screened; or

(3)

An equipment setback from roof edges facing the R district by at least three feet for each one foot of equipment height.

FIGURE 50-6: SCREENING OF ROOF-MOUNTED EQUIPMENT
FIGURE 50-6: SCREENING OF ROOF-MOUNTED EQUIPMENT

4.

Open-Air Storage Areas.

a.

All open-air storage areas established in commercial and industrial districts must be screened from view of abutting lots and rights-of-way with an opaque fence, wall or vegetative landscape screen at least six feet in height.

b.

Any existing, unscreened open-air storage areas in commercial and industrial districts must be screened from view of abutting lots and rights-of-way with an opaque fence, wall or vegetative landscape screen at least six feet in height. Required screening of existing outdoor storage areas must be installed by September 1, 2020.

c.

Open-air storage areas include land containing stationary or disabled vehicles, vehicle parts, garbage, rubbish, building materials, scrap materials, metal or other commercial or industrial materials not stored inside a building or other walled and enclosed structure and involve uses of land that do not utilize buildings or that utilize buildings that are incidental and accessory to the open-air use of the land. Typical examples include storage yards, vehicle impound yards, auto wrecking and junkyard lots, auto repair shops containing numerous disabled or inoperable vehicles and secondhand stores.

C.

Type of Screens.

1.

S1, Low-profile Screen.

a.

Purpose. The S1, low-profile screen is intended to help soften visual impacts of certain site features and provide an "urban edge" along lot borders and other site features, while maintaining some visibility of the areas required to be screened.

b.

Design. The S1 screen requires shrubs planted to form a continuous visual barrier at least three feet in height. A three-foot tall brick, stone, cast stone, or formed concrete wall may be substituted for the shrubs.

2.

F1, Screening Fence or Wall.

a.

Purpose. An F1 screening fence or wall is required in those instances where a complete visual barrier is needed.

b.

Options. F1 screening requirements may be met by either of the following options.

(1)

The installation of an opaque fence at least six feet in height and at least one tree per fifty linear feet of fence; or

(2)

The installation of a masonry wall with a minimum height of six feet.

c.

Street Setback. When located in a required street setback, required F1 screening fences and walls may not exceed four feet in height.

3.

Materials, Installation and Maintenance. See 17.50.080 and 17.50.090.

4.

Modification of Requirements.

a.

Applicable screening requirements may be waived or modified through the alternative compliance approval process (see 17.50.100.D) or through the special exception approval process when:

(1)

Existing features provide a visual screen equivalent to the screening requirements of this section;

(2)

The screening requirements cannot be achieved; or

(3)

The screening is prohibited by other ordinances or regulations or by plat restrictions.

b.

An extension of time to install required screening may be approved through the special exception approval process when the properties benefited by the screening are undeveloped.

5.

Screening or Setbacks Triggered by Proximity to Nonresidential Areas/Features. When a screening wall or fence or setback is required by this UDO because a use abuts one or more R districts, such wall, fence, or setback is not required if the actual use of the abutting R district is a nonresidential use or a nonresidential development area. This exemption from screening does not apply to junk or salvage yards.

(Ord. No. 2122-2019, § 3, 6-20-19; Ord. No. 2132-2020, § 2, 4-16-20).

17.50.080 - Landscape and screening material.

A.

General.

1.

Applicability. The regulations of this section apply to all trees, plant materials, and other features used to satisfy the landscaping and screening requirements of this UDO.

2.

Plant List. The director of building safety is authorized to prepare a specific list of recommended and prohibited plant species for use in administering and enforcing the regulations of this chapter.

3.

Selection. Trees and plants used to satisfy the requirements of this UDO must:

a.

Meet or exceed the plant quality standards established in the latest edition of the American Standard for Nursery Stock (ANSI Z60.1);

b.

Be native to North America adapted for growing conditions in the Clovis area, as determined by the director of building safety; and

c.

Not be artificial plants or listed as a prohibited species on the recommended and prohibited species.

4.

Planting Areas.

a.

All planting areas must have amended soil to help ensure the health of newly installed plant material.

b.

All planting areas must be contained by edging material other than vegetation.

B.

Trees.

1.

Types. Unless otherwise expressly specified, required trees may be deciduous (broadleaf) or evergreen (conifers).

2.

Size.

a.

New Trees. New or transplanted trees provided to satisfy the requirements of this UDO must comply with the following minimum size requirements:

(1)

Deciduous trees must have a minimum caliper size of one inch at the time of installation;

(2)

Evergreen trees must have a minimum height of four feet at the time of installation.

b.

Existing (Preserved) Trees.

(1)

Preserved trees will be credited toward satisfying the tree planting requirements of this UDO in accordance with the regulations of this subsection (17.50.080.B.2.b).

(2)

Credit will be given on the following basis:

(a)

Preserved trees up to six inches in diameter at breast height (DBH) will be credited as three trees;

(b)

Preserved trees larger than six inches DBH, up to twelve inches DBH will be credited as four trees;

(c)

Preserved trees that are more than twelve inches DBH up to twenty-four inches DBH will be credited as five trees; and

(d)

Preserved trees that are more than twenty-four inches DBH will be credited at a ratio of ten trees.

(3)

The tree preservation incentive credits provided in this subsection (17.50.080.B.2.b) may not be used to reduce the number of trees required by this chapter by more than fifty percent.

(4)

To receive tree preservation credit, the following additional conditions must be met:

(5)

Preserved trees for which credit is given must be in good health and condition and may not be prohibited species;

(6)

The original grade of the dripline area of a preserved tree may not be changed;

(7)

Tree protection fencing must be installed around the outer limits of the dripline area and remain in place from commencement of construction activity until all exterior work is complete;

(8)

Tree protection fencing must consist of orange vinyl construction fencing, chain link fencing, snow fencing or other similar fencing at least forty-two inches in height and supported at maximum of ten-foot intervals by posts or stakes sufficient to keep the fence upright and in place. A visible warning/no-disturb sign must be affixed to fence at one hundred-foot intervals;

(9)

The director of building safety is expressly authorized to reduce off-street parking requirements to allow for the preservation of existing trees;

(10)

If healthy, preserved trees are removed, they must be replaced by the number trees for which credit was given;

(11)

If preserved trees die or are lost to storms or natural causes within one year of the date of approval of the landscape plan, they must be replaced by the number trees for which credit was given. If preserved trees dies or are lost to storms or natural causes beyond one year of the date of approval of the landscape plan, they must be replaced by an equal number of trees (1:1 basis).

3.

Species. If more than twelve trees are required, no more than forty percent may be of a single species. If more than twenty-five trees are required, no more than twenty-five percent may be of a single species. This requirement applies to trees being planted, not to existing trees.

C.

Shrubs.

1.

New Shrubs.

a.

Shrubs must have a minimum container size of one gallon and be at least nine inches in height.

b.

If more than seventy-five shrubs are used, no more than forty percent may be of a single species.

2.

Existing (Preserved) Shrubs. Existing shrubs may be used to satisfy the landscaping and screening requirements of this UDO if protected and maintained during site development and construction phases of work and if such plants are not otherwise prohibited.

D.

Groundcover and Mulch. Rock mulch must be installed and maintained at a minimum depth of two inches and a maximum depth of four inches on all landscape areas except where groundcover plants are fully established.

E.

Fences and Walls. Unless otherwise expressly stated, fences and walls provided to meet the regulations of this chapter are subject to the regulations of this subsection.

1.

Fences must [be] durable and constructed with materials that are customarily used for fences, including wood, decorative rigid vinyl (polyvinyl chloride), metal or wrought iron. Fence posts must be structurally stable.

2.

The finished side of all fences other than tree protection fences must face the adjacent property or street. Chain-link fencing may not be used to satisfy the regulations of this chapter.

3.

Walls, raised planting beds and planters must be constructed of brick, stone or other durable masonry material approved by the director of building safety.

(Ord. No. 2122-2019, § 3, 6-20-19).

17.50.090 - Landscape installation, irrigation and maintenance.

A.

Installation.

1.

Required landscaping must be installed in accordance with an approved landscape plan.

2.

All trees and plant material must be installed in accordance with sound nursery practices, in a manner designed to encourage vigorous growth.

3.

All newly installed trees must be staked.

4.

Trees and plant material suitable for planting must be balled and burlapped or container grown. Planting areas should be at least twice the diameter of the root system or the container.

5.

All landscaped areas that are adjacent to pavement must be protected with curbs or equivalent barriers. Flush curbs, curb cuts, or other methods must be used to direct stormwater to landscape areas that abut paved areas.

6.

The city is not liable for any damage to above-ground or below-ground improvements or landscaping within the public right-of-way, even when such damage or destruction is the direct result of government action. When landscaping is placed or installed within the public right-of-way, the city has no obligation to replace or repair such landscaping if removed or damaged by city field operations or other governmental functions. The city also has no obligation to maintain above ground or below ground improvements or landscaping within the public right-of-way.

B.

Protection. All landscape areas provided to meet the requirements of this UDO must be protected from potential damage by adjacent uses and development, including parking and storage areas.

C.

Irrigation.

1.

All required landscaped areas must be provided with irrigation in accordance with one of the following two options:

a.

A permanent irrigation system with a controller to tailor watering schedules to weather and site conditions; or

b.

A temporary irrigation system that provides sufficient water to ensure that all trees and plants will become established.

2.

Irrigation systems must comply with all applicable building and plumbing codes.

D.

Timing of Installation.

1.

All required landscaping and appurtenances, except trees, must be installed prior to the issuance of a certificate of occupancy.

2.

All required trees must be installed within one hundred twenty days after issuance of a certificate of occupancy or temporary certificate of occupancy.

E.

Certificate of Installation. Within a CO, PUD or MPD district or whenever a mandatory or optional development plan is approved, certification of installation of required landscaping must be provided as required by any express provisions of the CO, PUD or MPD district or mandatory or optional development plan approval that was granted. In all other cases, within one hundred twenty days of the issuance of a certificate of occupancy or temporary certificate of occupancy, written certification by the owner of the property, an architect, landscape architect or engineer licensed to do business in the state of New Mexico must be submitted to the city stating that all landscaping and appurtenances have been installed in accordance with the approved landscape plan.

F.

Maintenance.

1.

Required landscaping and screening must be continuously maintained, including necessary watering; weeding; pruning; pest control; litter and debris clean-up; and replacement of dead, diseased or damaged plant material.

2.

Failure to comply with an approved landscaping plan, including failure to maintain required landscaping and screening and failure to replace dead, diseased or damaged landscaping, constitutes a violation of this UDO and is subject to penalties and enforcement under Chapter 17.80.

3.

The property owner is responsible for maintenance of trees and landscaping in accordance with the approved landscape plan and the regulations of this UDO. Any dead, diseased or damaged trees, landscaping or screening materials must be removed and replaced by the property owner within ninety days of date that written notice of the obligation to remove and replace required landscaping is issued by the city. Property owners have no obligation to replace or restore required landscaping that is damaged or destroyed as a direct result of government action or lawful action of a franchise utility provider.

(Ord. No. 2122-2019, § 3, 6-20-19).

17.50.100 - Landscape plans.

A.

Preparation of Landscape Plan. Required landscape plans must be accompanied by written certification from an architect, landscape architect or engineer licensed to practice in the state of New Mexico, that the landscape plan is in conformance with the minimum requirements of this chapter, provided that written certification must be provided by a landscape architect licensed to practice in the state of New Mexico if the subject property:

1.

Is subject to an approved mandatory or optional development plan; or

2.

Has a lot area of more than twenty thousand square feet and is occupied by buildings with a combined gross floor area of more than fifteen thousand square feet.

B.

Required Information. All building permit applications for sites requiring landscaping must include a landscape plan that includes at least the following information:

1.

General. The date, scale, north arrow, and name of the property owner;

2.

Site Features.

a.

The location of property lines and dimensions of the site;

b.

The approximate center line of existing water courses;

c.

The approximate location of significant drainage features;

d.

The location and size of existing and proposed streets and alleys, drive aisles, parking areas and sidewalks on or adjacent to the lot;

e.

The location of all existing and proposed buildings and structures on the lot;

f.

Existing topography and proposed grading;

g.

Area in which grading and vegetation removal will occur; and

h.

The location of existing and proposed utility easements and overhead utility lines on or adjacent to the lot.

3.

Proposed Landscaping.

a.

The location, size and type of proposed landscaping (trees, shrubs, groundcover) and the location and size of the proposed landscape areas;

b.

Planting details and specifications, including type of mulch and edging to be used in landscape areas;

c.

The method of protecting any existing trees and vegetation proposed to be preserved, including the identification of existing and finished contours illustrating the limits of grading near the dripline of any trees;

d.

The proposed irrigation plan for each required landscape area, including a list of abbreviations and symbols, water main size, water meter size and location, point of connection, backflow prevention assembly size, make and model;

e.

The schedule of installation of required trees, landscaping and appurtenances;

f.

The location of all existing and proposed structures on the site;

g.

The existing topography and proposed grading; and

h.

The area and dimensions of each landscape area and the total landscape area provided on the site.

C.

Administrative Review. After receipt of a complete landscape plan, the director of building safety must:

1.

Approve the landscape plan as complying with the requirements of this chapter;

2.

Approve the landscape plan with conditions of approval that will bring it into compliance with the requirements of this chapter; or

3.

Reject the landscape plan as failing to comply with the requirements of this chapter.

D.

Alternative Compliance Landscape and Screening Plans.

1.

To accommodate creativity in landscape and screening design and to allow for flexibility in addressing atypical, site-specific development/redevelopment challenges, the director of building safety is authorized to approve alternative compliance landscape plans prepared by a landscape architect licensed to practice in the state of New Mexico. In order to approve such alternative compliance landscape plans, the director of building safety must determine that one or more of the following conditions or opportunities are present:

a.

The site has space limitations or an unusual shape that makes strict compliance impossible or impractical;

b.

Physical conditions on or adjacent to the site such as topography, soils, vegetation or existing structures or utilities are such that strict compliance is impossible, impractical or of no value in terms of advancing the general purposes of this chapter;

c.

Safety considerations such as intersection visibility, utility locations, etc., make alternative compliance necessary; or

d.

Creative, alternative landscape plans will provide an equal or better means of meeting the intent of the landscaping and screening regulations of this chapter.

2.

The director of building safety is expressly authorized to approve alternative compliance landscape plans for projects implementing low-impact development practices or seeking sustainable development or green building certification from nationally recognized organizations, such as the International Code Council, the U.S. Green Building Council, the International Living Future Institute, the U.S. Green Building Initiative or SITES, as follows:

a.

Sites implementing regionally recognized low-impact development (LID) may be approved as alternative compliance landscape plans.

(1)

LID plans must be sealed by a landscape architect licensed to practice in the state of New Mexico.

(2)

LID development solutions may be provided in the street right-of-way, subject to approval by all applicable city agencies. Such improvements must be maintained by the adjoining property owner.

(3)

All aspects of a LID project, including permeable pavement, bioretention areas, rain gardens, filter strips, grassed swales, green roofs, wetlands natural stream restoration or preservation will be considered part of the approved alternative compliance landscape plan.

b.

Plans for sites for which property owners are seeking sustainable development or green building certification from nationally recognized organizations may be approved as alternative compliance landscape plans.

(1)

Alternative compliance landscape plans must be sealed by a landscape architect licensed to practice in the state of New Mexico.

(2)

Landscape improvements may be provided in the street right-of-way, subject to approval by all applicable city agencies. Such improvements must be maintained by the adjoining property owner.

(3)

All proposed aspects of the proposed certification, including hardscape material selections, site lighting, grey water irrigation systems and other components of the site may be considered as part of the approved alternative compliance landscape plan.

(Ord. No. 2122-2019, § 3, 6-20-19).